HomeMy WebLinkAboutOrdinance 5195 ORDINANCE NO. 5195
AN ORDINANCE AMENDING CHAPTER 162: USE UNITS
AND CHAPTER 163 : USE CONDITIONS OF THE UNIFIED
DEVELOPMENT CODE TO ADD A CLEAN TECH USE UNIT
AND ASSIGN IT TO APPROPRIATE ZONING DISTRICTS.
WHEREAS, the City of Fayetteville recognizes that economic development and job
creation are high priorities, and
WHEREAS, the City of Fayetteville recognizes that many emerging clean technologies
are compatible with industrial and commercial types of land use, and
WHEREAS, the City of Fayetteville recognizes the importance of encouraging the
development of clean technology businesses within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the
Unified Development Code Chapter 162 : Use Units by adding a clean tech use unit, shown as
"Exhibit A" attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby amends the
Unified Development Code Chapter 163 : Use Conditions by adding a clean tech use unit, shown
as "Exhibit B" attached hereto and made a part hereof.
Section 3 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the
Unified Development Code Chapter 161 : Zoning Regulations by adding a clean tech use unit in
appropriate zoning districts, shown as "Exhibit C" attached hereto and made a part hereof.
PASSED and APPROVED this 6'h day of November, 2008. °°° x ,10 0 0 Its
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APPROVED: ATTEST:
; FAYETTEVILLE ;
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By: AeAzBy: --I1'�I Wy Was i
DAN COODY, Mayor SADV,I)INFJ ,61yLI71yblJr"ifdyfflWU/Wa'sGtdr/
Deputy City Clerk
"Exhibit A"
ADM 08-3100
Chapter 162: Use Units is amended by adding a new use unit for clean technologies.
(00) Unit 42. Clean Technologies.
( I ) Description. Unit 42 consists of uses that fabricate or produce goods and services that greatly reduce or
eliminate negative environmental impacts, create new technologies or improve the productive and
responsible use of natural resources.
Alternative Energy •Wind
Fabrication and •Solar
Storage Components: *Fuel cells
•Batteries
*Hybrid systems
Fabrication or •Nano Technologies
Production of •Solar panels
Materials: •Computer
components, such as
microchips
•Advanced packaging
Research and *Monitoring and
Development: control systems
•Energy infrastructure
management
•Energy efficiency
management
•Materials and
recycling
management
•Transportation
logistics
*Environmental
cleanup and safety
*Scientific or high
tech research
laboratories
"Exhibit B"
ADM 08-3100
Chapter 163: Use Conditions is amended by adding a Clean Technologies section.
163. 16 Clean Technologies
(A) Clean Technologies. Clean Technologies shall be a conditional use in all Agricultural,
Residential-Office, Commercial and Institutional districts subject to the following
conditions:
( 1 ) Low volume large truck traffic. The Planning Commission shall determine that the
intended use creates no greater amount of large truck traffic than what is typically generated
with similar uses within the designated zoning district, for example food and beverage
delivery to restaurants and bars.
(2) Nuisance. The Planning Commission shall determine that the intended use does not result
in the production of offensive noise, vibration, dust, smoke, noxious odors or other such
nuisance that would be detrimental to adjoining or surrounding uses.
"Exhibit C"
ADM 08 - 3100
Chapter 161 : Zoning Districts is amended by adding the Clean Tech Use Unit as permitted
and conditional uses in appropriate zoning districts.
Use Unit 42 — Clean Technologies would be allowed as a Use by Right in the following
Zoning Districts:
161 .24 District I- 1 , Heavy Commercial and Light Industrial
161 .25 District I-2, General Industrial
Use Unit 42 — Clean Technologies would be allowed as a Conditional Use in the following
Zoning Districts:
161 . 03 District R-A, Residential-Agricultural
161 . 16 District R-O, Residential Office
161 . 17 District C- 1 , Neighborhood Commercial
161 . 18 District C-2, Thoroughfare Commercial
161 . 19 District C-3, Central Commercial
161 .20 Downtown Core
161 .21 Main Street/Center
161 .26 District P- 1 , Institutional
City of Fayetteville Staff Review Form
City Council Agenda Items
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Contracts, Leases or Agreements r
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City Councilil Meeting Date
Agenda Items Only l
Leif Olson Planning Operations
Submitted By Division Department
Action Required:
ADM 08-3100): (Clean Tech Use Unit): Submitted by PLANNING STAFF to amend Chapter 161 : Zoning
Regulations, Chapter 162: Use Units and Chapter 163: Use Condtions of the Unified Development Code to add a
Clean Tech Use Unit and to assign it to appropriate zoning districts.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
` )- (1 ' 0 v Previous Ordinance or Resolution #
Department irector Date
is Original Contract Date:
ti-- V 10 f 7- Original Contract Number:
City Attorney Date
Received in City
10 - 0 -02 Clerk's Office /D�j/7,0 )0
Finance a Internal Service Director Date
Mayor's Office
in
ffice
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of November 4, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To : Mayor and City Council
Thru : Gary Dumas. Director of Operations
Karen Minkel, Interim Director of Long Range Planning
From : Leif Olson, Long Range Planner
Date: October 16, 2008
Subject: ADM 08-3100 (Clean Technology Use Unit) Approval of an ordinance to
adopt a Clean Tech Use Unit by amending Chapter 161 : Zoning Districts, Chapter 162 :
Use Units and Chapter 163 : Use Conditions and of the Unified Development Code.
RECOMMENDATION
Staff recommends approval of an ordinance amending the Unified Development Code to
adopt a Clean Tech Use unit and assign it to appropriate zoning districts.
BACKGROUND
Planning Staff has determined that there is a need for a clean technologies use unit in
order to allow these types of businesses to locate in appropriate commercial and
industrial zoning districts.
Clean technologies are defined as businesses that create and/or produce goods and
services that greatly reduce or eliminate negative environmental impacts such as wind,
solar or fuel cell technologies. Clean technologies are also engaged in research and
development of these types of products or services. In many instances, the impact of
laboratory or fabrication components of clean technologies is minimal . Clean
technologies would ideally produce no greater amount of noise, smoke, truck traffic, etc.
than a comparable commercial use such as a restaurant or retail business. The Planning
Commission will conduct public hearings and issue conditional use permits for clean
technologies located in areas that are not zoned industrial .
Planning Staff proposes that the clean tech use unit be allowed by right in the I- 1 and 1-2
industrial zoning districts and as a conditional use in the R-A, R-O, C-1 , C-27 C-3 ,
Downtown Core, Main Street Center and P- 1 Institutional zoning districts. The Planning
Commission forwarded this item to the City Council at its September 26, 2008 meeting
by a vote of 7-0-0 with a recommendation for approval .
BUDGET IMPACT
None
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 162 : USE UNITS
AND CHAPTER 163 : USE CONDITIONS OF THE UNIFIED
DEVELOPMENT CODE TO ADD A CLEAN TECH USE UNIT
AND ASSIGN IT TO APPROPRIATE ZONING DISTRICTS .
WHEREAS, the City of Fayetteville recognizes that economic development and job
creation are high priorities, and
WHEREAS, the City of Fayetteville recognizes that many emerging clean technologies
are compatible with industrial and commercial types of land use, and
WHEREAS, the City of Fayetteville recognizes the importance of encouraging the
development of clean technology businesses within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the
Unified Development Code Chapter 162: Use Units by adding a clean tech use unit, shown as
"Exhibit A" attached hereto and made a part hereof.
Section 2 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the
Unified Development Code Chapter 163 : Use Conditions by adding a clean tech use unit, shown
as "Exhibit B" attached hereto and made a part hereof.
Section 3 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the
Unified Development Code Chapter 161 : Zoning Regulations by adding a clean tech use unit in
appropriate zoning districts, shown as "Exhibit C" attached hereto and made a part hereof.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
"Exhibit A"
ADM 08-3100
Chapter 162: Use Units is amended by adding a new use unit for clean technologies.
(00) Unit 42. Clean Technologies.
( 1 ) Description. Unit 42 consists of uses that fabricate or produce goods and services that greatly reduce or
eliminate negative environmental impacts, create new technologies or improve the productive and
responsible use of natural resources.
Alternative Energy *Wind
Fabrication and *Solar
Storage Components: *Fuel cells
•Batteries
•H brid systems
Fabrication or *Nano Technologies
Production of *Solar panels
Materials: •Computer
components, such as
microchips
•Advancedpackaging
Research and *Monitoring and
Development: control systems
*Energy infrastructure
management
*Energy efficiency
management
*Materials and
recycling
management
*Transportation
logistics
*Environmental
cleanup and safety
•Scientific or high
tech research
laboratories
"Exhibit B"
ADM 08-3100
Chapter 163: Use Conditions is amended by adding a Clean Technologies section.
163.16 Clean Technologies
(A) Clean Technologies. Clean Technologies shall be a conditional use in all Agricultural,
Residential-Office, Commercial and Institutional districts subject to the following
conditions:
( 1 ) Low volume large tnrck traffic. The Planning Commission shall determine that the
intended use creates no greater amount of large truck traffic than what is typically generated
with similar uses within the designated zoning district, for example food and beverage
delivery to restaurants and bars.
(2) Nuisance. The Planning Commission shall determine that the intended use does not result
in the production of offensive noise, vibration, dust, smoke, noxious odors or other such
nuisance that would be detrimental to adjoining or surrounding uses.
"Exhibit C"
ADM 08 - 3100
Chapter 161 : Zoning Districts is amended by adding the Clean Tech Use Unit as permitted
and conditional uses in appropriate zoning districts.
Use Unit 42 — Clean Technologies would be allowed as a Use by Right in the following
Zoning Districts:
161 .24 District ]-I , Heavy Commercial and Light Industrial
161 .25 District 1-2, General Industrial
Use Unit 42 — Clean Technologies would be allowed as a Conditional Use in the following
Zoning Districts :
161 . 03 District R-A, Residential-Agricultural
161 . 16 District R-0, Residential Office
161 . 17 District C- 1 , Neighborhood Commercial
161 . 18 District C-2, Thoroughfare Commercial
161 . 19 District C-3, Central Commercial
161 .20 Downtown Core
161 .21 Main Street/Center
161 .26 District P- 1 , Institutional
Planning Cononission
.September 22, 2008
Page 26 of16
ADM 08-3100 : (UDC AMENDMENT CH. 112, CLEAN TECH . USE UNIT): Submitted by
Planning Staff. An ordinance to amend Chapter 162 : Use Units and Chapter 163 : Use Conditions of
the Unified Development Code in order to create a Clean Technology Use Unit. The Clean
Technology Use Unit will be allowed as a use by right or as a conditional use in industrial and
commercial zoning districts.
Jeremy Pate, Director of Current Planning, gave the staff report, describing the purpose of the clean
tech use unit, which would be allowed in industrial districts by right, and various commercial and
mixed-use districts by conditional use pen-nit.
No public comment was received.
Commissioner Lack stated it was a very well-received addition to the UDC. A lot of companies
will have the willingness and opportunity to move here because of this ordinance. I do have some
concerns: 1 ) ability to quantify huge volumes of truck traffic, 2) odors, dust, smoke, noise. I am
concerned about the things that are not quantifiable. I am also concerned about public interaction
nature of our buildings in downtown, especially. These uses are typically more closed in, with labs,
etc than retail . 1 dont want to create possibility of a faceless storefront.
Pate discussed that the Commission is often called upon to do just what Commissioner Lack
mentioned, to make decisions on items that are quantifiable. As we have discussed previously, the
Conditional Use Permit process looks at compatibility and appropriateness of use, which can not be
easily quantified. Staff would require information to be submitted by the applicant to understand the
amount and impact of truck traffic, noise, etc. and make an educated and informed recommendation
to the Commission to decide. It would not be one person, but 9 persons that decide this issue.
Commissioner Cabe stated he had some of the same concerns, but took comfort in the fact that there
are a lot of us up here, not just one person making the decision. I feel confident we as a group can
make those decisions.
Motion :
Commissioner Cabe made a motion to forward the request to the City Council with a
recommendation of approval . Commissioner Anthes seconded the motion. Upon roll call the
motion passed with a vote of 7-0-0.
All business being concluded, the meeting was adjourned at 9:59 PM.
�l
Page 1 of 1
Clarice Pearman - Ord . 5192
From: Clarice Pearman
To: Olson, Leif
Date: 11 . 13.08 3:52 PM
Subject: Ord. 5192
CC: Audit
Attachments: Audit
Lief:
Attached is a copy of the above ordinance passed by the City Council amending Chapter 162 and Chapter 163. Please let me
know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
file:HC:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\491 C4D22F. . . 11 . 13 .08