Loading...
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