HomeMy WebLinkAboutOrdinance 5768ORDINANCE NO. 5768
AN ORDINANCE AMENDING §178.03(E) AND (F) OF THE UNIFIED
DEVELOPMENT CODE TO REMOVE PRE -APPROVED SIDEWALK
VENDOR LOCATIONS IN FRONT OF THE WALTON ARTS CENTER AS
AGREED UPON IN RESOLUTION 118-14, AND TO STREAMLINE THE
APPROVAL PROCESS FOR ALTERNATIVE LOCATIONS
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 §178.03
(E) and (F) of the Unified Development Code and replaces it with the language attached in
Exhibit "A".
PASSED and APPROVED this 5' day of May, 2015.
ATTEST:
By: AD
SONDRA E. SMITH, City Clerk Treasurer
FAYETTEVILLF1 =
Exhibit "A"
178.03
(E) Pre -Approved Locations. Sidewalk vendors are
this determination, the Planning Division shall
permitted in specific locations in Fayetteville as a
consider the following criteria:
use by right. These locations have been
determined by the City Council to have adequate
(1) The application meets all other criteria
sidewalk width, pedestrian traffic flow, and they
established herein for a sidewalk vendor, with
minimize potential conflicts with existing
the exception that the applicant may request
businesses. Sidewalk vendors are not permitted to
that the cart, and/or operating area, may be
operate on days / times associated with special
larger than the dimension required in this
events, unless they have been approved and
chapter. An increase in cart size or operating
granted a Special Events Permit from the
area may be considered by the Planning
organization coordinating the special event. Maps
Commission as a variance. The determination
of approved locations are available in the Planning
of a larger cart size and/or operation area
Division. The locations where street vending is
shall be subject to the variance criteria in
allowed as a permitted use are:
Chapter 156.03(C).
Inside of the Fayetteville Square. Sidewalk
(2) The number of permits issued for the street
vendors may locate along sidewalks on all
vending location shall not exceed the capacity
sides of the interior of the downtown
of the area in terms of maintaining the use of
Fayetteville Square. On days / times that the
the sidewalk as a public right-of-way, with a
Farmers' Market or other special events
minimum 48" pedestrian access route that is
operate, sidewalk vendors shall only be
free and clear of obstructions. The Planning
permitted if approved through the Farmers'
Division shall consider the width of sidewalk,
Market or Special Event Permit process.
the proximity and location of existing street
furniture, including, but not limited to:
(F) Alternative Locations. If an applicant wishes to
signposts, lamp posts, parking meters, bus
operate as a sidewalk vendor in a location other
shelters, benches, phone booths, street trees
than those specifically approved by the City
and newsstands, as well as the presence of
Council, a permit must be obtained. Upon receipt
bus stops, truck loading zones, othersidewalk
of a permit application, the Planning Division shall
vendors or taxi stands to determine whether
review the proposed permit operating area to
the proposed use would result in pedestrian
determine if the said area is suitable for street
or street congestion.
vending in accordance with this chapter. In making
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0211
Agenda Date: 5/5/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: C. 4
AMEND §178.03 (E) AND (F)
AN ORDINANCE AMENDING §178.03(E) AND (F) OF THE UNIFIED DEVELOPMENT CODE
TO REMOVE PRE -APPROVED SIDEWALK VENDOR LOCATIONS IN FRONT OF THE
WALTON ARTS CENTER AS AGREED UPON IN RESOLUTION 118-14, AND TO STREAMLINE
THE APPROVAL PROCESS FOR ALTERNATIVE LOCATIONS
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 §178.03 (E) and
(F) of the Unified Development Code and replaces it with the language attached in Exhibit "A".
City or Fayetteville, Arkansas Page 1 Printed on 51612015
City of Fayetteville Staff Review Form
2015-0211
Legistar File ID
5/5/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 4/17/2015 Development Services/
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
An ordinance amending §178.03(E) of the Unified Development Code to prohibit sidewalk vendors in front of the
Walton Arts Center, pursuant to the lease agreement approved by Resolution 118-14, and to ease restrictions on
the process by which other sidewalk vendor locations can be approved.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Fund
Project Title
Current Budget $
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
O
V20140710
Previous Ordinance or Resolution N
Original Contract Number:
Comments:
Approval Date:
CITY OF
Ye vile CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF MAY 05, 2015
TO: Mayor Jordan, Fayetteville City Council
THRU: Don Marr, Chief of Staff
FROM: Jeremy Pate, Development Services Director-'
DATE: April 17, 2015
SUBJECT: Sidewalk Vendors in front of Walton Arts Center
RECOMMENDATION:
Staff recommends approval of an ordinance amending §178.03 (E) of Unified
Development Code to remove permission for annual sidewalk vendors to locate on the north
(Dickson) and west (West) sidewalks in front of the Walton Arts Center, pursuant to the amended
lease agreement approved by the University of Arkansas, Walton Arts Center and City of
Fayetteville (Res. 118-14) in 2014; and to modify the process by which sidewalk vendor locations
can be approved.
BACKGROUND:
The City permits sidewalk vendors in multiple locations throughout the downtown area;
some are predetermined and pre -approved locations, such as the wider sidewalks in front of the
Walton Arts Center on DicksonlWest and the sidewalks on the inside of the downtown Square.
Other locations are reviewed on a case by case basis through a Conditional Use Permit. In the
most recent lease agreement between the City, University and Walton Arts Center, a provision
was added that prohibits sidewalk vendors from locating along their boundary. Specifically, in
section 12 (page 7), the language states:
"Lessor shall not permit street vendors to occupy the sidewalks immediately
adjacent to the Premises or to operate thereon to the extent Lessor owns and/or possesses
the right to control any such sidewalks."
Presumably this due to the redesign of the primary entry to the Walton Arts center from Dickson
and West, which incorporates a wider stair entry, new planters, and more interaction with the
public realm. Sidewalk vendors are not permitted in locations where they would interfere with stair
entries or other locations that are normally reserved for entering a building. The first ordinance
amendment is to remove 178.03(E)(1) as permitted sidewalk vendor areas to comply with the
lease language.
The second ordinance amendment request is to change the process by which sidewalk
vendors can request an alternative location than those preapproved by the City Council. The
ordinance currently requires any location that is not preapproved to be considered through a
Conditional Use Permit process. In order to streamline this review process, staff proposes to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
remove the conditional use permit process and instead allow this review at a staff level, much as
we do already with vendors on private property. Any variances from cart size or operating area
would still have to go to the Planning Commission.
DISCUSSION:
The proposal to remove the currently preapproved sidewalk vending locations on Dickson
and West has been discussed with the Walton Arts Center and the City Attorney's office, who
both concur that an ordinance amendment is needed to comply with the lease agreement
approved by the City Council. Staff has proposed the additional amendment in hopes that the
reduction of preapproved spaces, and indeed the most popular sidewalk vending locations that
we have, will be offset to a degree by streamlining our review process for alternative locations in
our downtown.
BUDGET/STAFF IMPACT:
N/A