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Home My WebLink AboutOrdinance 5498 ORDINANCE NO. 5498 AN ORDINANCE REPEALING AND REPLACING § 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY OF THE CODE OF FAYETTEVILLE TO PROVIDE FOR A VARIANCE PROCEDURE 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 repeals § 178.04 Outdoor Mobile Vendors Located on Private Property of the Code of Fayetteville, and enacts a replacement § 178.04 Outdoor Mobile Vendors Located on Private Property, as presented in the attached Exhibit "A", which is incorporated herein as if set out word for word. PASSED and APPROVED this Is` day of May, 2012. APPROVED: ATTEST: _ I NELD JO N, Mayor By. &OdA4-� � SOND . MITH, City Clerk/Treasurer TR,"'' oebl Y 0 Do. = U • ; FAYETTEVILLE' SOAZ %93y V Dome * 0-%," TITLE XV UNIFIED DEVELOPMENT CODE that the transient merchant 178.04 Outdoor Mobile Vendors business is permitted to operate on Located On Private Property the subject property. (A) Purpose. This section's purpose is to (3) The permit issued shall not be facilitate and control the ability of outdoor transferable in any manner. vendors to temporarily operate on private property while ensuring such use is (4) The permit is valid for one mobile compatible with and not detrimental to vendor location only. nearby properties, does not adversely affect (5) The proposed use must be a permitted nearby businesses, fosters an aesthetically n ht within the underlying g zoning m appealing streetscape, and does not create district use-by-right order to be g or worsen a dangerous traffic condition. perm (B) Requirements. Outdoor Mobile Vendors (6) An Outdoor Mobile Vendor business located on private property shall meet the may be approved by the Planning following requirements and submittals prior Division after making the following to approval: determinations: (1 ) Permit Application. Each application for (a) All of the requirements of a permit to conduct an Outdoor Mobile 178.04(B)(2) have been met. Vendor business shall be accompanied by a $50 permit review and processing (b) The applicant has established that fee. the operation of the outdoor mobile vendor will be compatible with and (2) Application for a permit to conduct an not detrimental to nearby Outdoor Mobile Vendor business shall properties, will not adversely affect include the following items in a format nearby businesses, will foster an acceptable to the Zoning and aesthetically appealing streetscape Development Administrator: and will not create or worsen a dangerous traffic condition. (a) Name, address and contact information. (7) Outdoor mobile vendors are allowed on a temporary basis (90 days), by nature (b) Type of items sold or services of their temporary occupancy, in one rendered. A change in product or location over a one-year (twelve month) service will require a new permit to timeframe. Outdoor mobile vendors be issued. may move to a different location at least one half mile from the original location (c) A valid copy of all necessary after this 90-day period has expired. permits required by State and However, a new Outdoor Mobile Vendor County health authorities. Application will have to be reviewed and approved by the Planning Division for a (d) Proof of application for remittance new location. of HMR tax to the City of Fayetteville. (8) Outdoor mobile vendors shall be in compliance with parking lot (e) Means to be used in conducting requirements for any existing and the business including but not limited to proposed business. The number of a description of any mobile device required parking spaces is determined to be used for transport or to by the use and size of the proposed display approved items or services. transient merchant business, and by the use and size of the existing business. (f) A detailed site plan and written Parking spaces on the property where description illustrating the type, the outdoor mobile vendor is located location, and dimensions of the shall be paved and striped in order to be mobile vendor business including utilized. The use of parking for an out parking, door mobile vendor may not reduce the number of spaces necessary for other (g) Written authorization, signed by the uses occurring on the property. An property owner or legal adequate number of parking spaces for representative of record, stating the existing businesses and the outdoor EXHIBIT CD178:1 y TITLE XV UNIFIED DEVELOPMENT CODE mobile vendor must be provided onsite. The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an extended period of time, not to exceed twelve consecutive months, in the same location subject to the following standards: (1 ) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified V Development Code. (3) A variance may be granted by the Planning Commission when the following findings have been met: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. (4) In granting the variance, the Planning Commission may require appropriate conditions and safeguards, including semi-permanent or permanent improvements to the property to secure the substantial objectives of the ordinance. (Ord. 5185, 10-7-08; Ord. 5425, 8-2-11 ) CD178:2 Q1dtj a;11 Qjl4ja Y/2cr/4� ALDERMAN AGENDA REQUEST FORM rma,� ► , 201Z FOR: COUNCIL MEETING OF X22 FROM: Mark Kinion ORDINANCE OR RESOLUTION TITLE AND SUBJECT: ADM 12-4413: (Outdoor Mobile Vendor Ordinance): An ordinance to amend Ch. 178 Outdoor Vendors APPROVED FOR AGENDA: Co 1 M M ni n Date . Z�{ZOIZ Ordin< e Prepared by: RR Williams Date City Attorney Packet Prepared by: t J n ' Jerem Pate Datte Director of Development Services 04- 23 - 12P03 : 28 R G V D Fay e evi le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru : Don Marr, Chief of Staff Jeremy Pate, Development Services Directo From: Leif Olson, Planner �p Date: April 18, 2011 Subject: ADM 12-4413 Oudoor Mobile Vendor Ordinance Amendments RECOMMENDATION 1 -rs Staff recommends approval of an ordinance amending Chapter f6$ : Outdoor Vendors of the Unified Development Code by adopting a new section permitting outdoor mobile vendors on private property to request a variance from the Planning Commission to operate in the same location for up to one year. BACKGROUND The Outdoor Mobile Vendor ordinance was first adopted by the City Council in 2008 to replace the transient merchant license ordinance that previously existed. Alderman Petty, City Staff and stakeholders in the mobile vendor community met in December of 2011 to discuss the limitations of the current ordinance that only permits vendors to stay in one location for a maximum of 90 days. The vendors discussed the difficulty they experience with attempting to plan for their business activity under such a limited time frame. Currently, after their 90 day permit expires they are required to get a new approval and move to a new location. Planning Staff has processed a few outdoor mobile vendors as temporary uses permitted under Use Unit 2 : City-wide Uses by Conditional Use through a Conditional Use Permit process at the Planning Commission for a longer time period than 90 days, which was the intent of the ordinance amendment in 2010. However, the City Attorney recently recommended that this Conditional Use Permit process is not the appropriate process and that more specific language should be codified into the Outdoor Mobile Vendor chapter of the Unified Development Code. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING § 178 .04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY OF THE CODE OF FAYETTEVILLE TO PROVIDE FOR A VARIANCE PROCEDURE 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 repeals § 178.04 Outdoor Mobile Vendors Located on Private Property of the Code of Fayetteville, and enacts a replacement § 178 .04 Outdoor Mobile Vendors Located on Private Property, as presented in the attached Exhibit "A", which is incorporated herein as if set out word for word. PASSED and APPROVED this I " day of May, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer TITLE XV UNIFIED DEVELOPMENT CODE that the transient merchant 178.04 Outdoor Mobile Vendors business is permitted to operate on Located On Private Property the subject property. (A) Purpose. This section's purpose is to (3) The permit issued shall not be facilitate and control the ability of outdoor transferable in any manner. vendors to temporarily operate on private property while ensuring such use is (4) The permit is valid for one mobile compatible with and not detrimental to vendor location only. nearby properties, does not adversely affect nearby businesses, fosters an aesthetically (5) The proposed use must be a permitted appealing streetscape, and does not create use-by-right within the underlying zoning or worsen a dangerous traffic condition. district in order to be permitted. (B) Requirements. Outdoor Mobile Vendors (6) An Outdoor Mobile Vendor .business located on private property shall meet the may be approved by the Planning following requirements and submittals prior Division after making the following to approval: determinations: (1 ) Permit Application. Each application for (a) All of the requirements of a permit to conduct an Outdoor Mobile 178.04(8)(2) have been met. Vendor business shall be accompanied by a $50 permit review and processing (b) The applicant has established that fee. the operation of the outdoor mobile vendor will be compatible with and (2) Application for a permit to conduct an not detrimental to nearby Outdoor Mobile Vendor business shall properties, will not adversely affect include the following items in a format nearby businesses, will foster an acceptable to the Zoning and aesthetically appealing streetscape Development Administrator: and will not create or worsen a dangerous traffic condition. (a) Name, address and contact (7) Outdoor mobile vendors are allowed on information. a temporary basis (90 days), by nature (b) Type of items sold or services of their temporary occupancy, in one rendered. A change in product or location over a one-year (twelve month) service will require a new permit to timeframe. Outdoor mobile vendors be issued. may move to a different location at least one half mile from the original location (c) A valid copy of all necessary after this 90-day period has expired. permits required by State and However, a new Outdoor Mobile Vendor County health authorities. Application will have to be reviewed and approved by the Planning Division for a (d) Proof of application for remittance new location. of HMR tax to the City of (8) Outdoor mobile vendors shall be in Fayetteville. compliance with parking lot (e) Means to be used in conducting requirements for any existing and the business including but not limited to proposed business. The number of description of any mobile device required parking spaces is determined a a s used for transport a to by the use and size of the proposed display approved items or services. transient merchant business, and the use and size of the existing business. (f) A detailed site plan and written Parking spaces on the property where description illustrating the type, the outdoor mobile vendor is located location, and dimensions of the shall be paved and striped in order to be mobile vendor business including utilized. The use of parking for an out parking. door mobile vendor may not reduce the number of spaces necessary for other (g) Written authorization, signed by the uses occurring on the property. An property owner or legal adequate number of parking spaces for representative of record, stating the existing businesses and the outdoor EXHIBIT CD178: 1 a /['L TITLE XV UNIFIED DEVELOPMENT CODE mobile vendor must be provided onsite. The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an extended period of time, not to exceed twelve consecutive months, in the same location subject to the following standards: (1 ) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. (3) A variance may be granted by the Planning Commission when the following findings have been mel: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. (4) In granting the variance, the Planning Commission may require appropriate conditions and safeguards, including semi-permanent or permanent improvements to the property to secure the substantial objectives of the ordinance. CD178:2 • NORTHWEST ARKANSAS DEMOCRATGAZ4 NORTHWEST ARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERSERS NORTHWEST ARKANSAS TIMES NEWSPAPEIRSUC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BO% 1607. 72702 1479'4421700 I WWW.NW'ANEWS.COM RECEIVED AFFIDAVIT OF PUBLICATION MAY 2 2 2012 I, Karen Caler, do solemnly swear that I am the Legal Clerk of the CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville ORDINANCE No. B4BB AN ORDINANCE REPEALING AND REPLACING § Ordinance 5498 178.04 OUTDOOR MOBILE ON PRIVATE PROPERTY OF LOCATED THCODEOFTayeVgie FAYETTI VILLE TO PROVIDE FOR A VARIANCE PROCEDURE BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF FAYETTEVILLE, ARKANSAS: Was inserted in the Regular Editions on: Section 1. That the City Council of the City of Fayei Arkansas hereby repeals §178.04 May 10, 2012 Outdoor Mobile Venripe Located ch Private Property of me Code of FayetteMe, and enacts a replacement §178.04 Outdoor Mi Vendors Located on Private Property, as Presented in the attached Exhibit 'A", which is incorporated herein ea H set Out word for word. PASSED and APPROVED this 1 sl day of May, 2012. APPROVED: ATTEST: Publication Charges: $ 51 .88 By: By: g LIONELD JORDAN, Mayor SONDRA E. SMITH, Gty Clerk/Treasurer Exmbits for this ordinartce may be viewed in the office of the ary Gedr/Treawrer. 1 Karen Caler Subscribed and sworn to before me This I day of . 2012. &Y" WIY Notary Public My Commission Expires: 2Q2-ic)Y4f J. 891110r1 COUfItY ei MY �nur116311 Expires • : bt 2014 February 20 ••%�AKnN`?�a * *NOTE* * Please do not pay from Affidavit. Invoice will be sent.