HomeMy WebLinkAboutOrdinance 5339 ORDINANCE NO. 5339 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, CHAPTERS 151: DEFINITIONS, 161: ZONING REGULATIONS, 162: USE UNITS, AND 164: SUPPLEMENTARY DISTRICT REGULATIONS FOR DRIVE-IN RESTAURANTS AND FACILITIES. WHEREAS, the City of Fayetteville Unified Development Code was adopted to further the health, safety and general welfare of the community, and to promote an orderly and appropriate mix of land uses; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to provide clear and accurate information that is easily understood by the general public. 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 §151.01 of the Unified Development Code to repeal and replace the definition title of"Drive- in restaurant or refreshment stand" with the following: "Drive-in/drive-through restaurant" Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §161.18(B)(1) through 161.21(B)(1), 161.24(B)(2), 161.27(B)(1), and 161.28(B)(1) of the Unified Development Code by renaming Unit 18 as follows: "Unit 18: Gasoline service stations and drive-in/drive through restaurants" Section 3.That the City Council of the City of Fayetteville, Arkansas hereby amends §162.01 Establishment/Listing and §162.01(R)of the Unified Development Code by renaming Unit 18, as follows: "Unit 18: Gasoline service stations and drive-irddrive through restaurants" Page 2 Ordinance No. 5339 Section 4. That the City Council of the City of Fayetteville,Arkansas hereby amends §162.01(R)(2) by renaming the included use of"Drive-in restaurant'to "Drive-in/drive through restaurant'. Section 5. That the City Council of the City of Fayetteville,Arkansas hereby repeals §164.18(C) and renumbers the remaining subsections. PASSED and APPROVED this the 3rd day of August, 2010. APPROVED: ATTEST: 4JO ,By: =�� By: X6(QLtl�Mayor SONDRA E. SMITH, City Clerk/Treasurer "RY.ITR c ;FAYETTEVILLE° ;�gs.9RkANSP� 2`ry' J - ss�i��NG TON6,�O mebe� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/3/2010 City Council Meeting Date Agenda Items Only Data Sanders Planning Development Services Submitted By Division Department Action Required: ADM 10-3619: Administrative Item: (UDC AMENDMENTS CHAPTERS 151, 161, 162, AND 164): Submitted by CITY PLANNING STAFF. The proposal is to amend references of"Drive-In Facilities'to"Drive-Through Facilities'for consistency in the Unified Development Code. 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 �ti�j Q},�V,7etp Previous Ordinance or Resolution# Depa rector Date /[ Original Contract Date: Original Contract Number: Attorne(yJ (� Date Financ no Internal Services Director Date Received in City Clerk's Office 07-16-10A11 :02 RCVD Chief of Date Received in ADO D Mayor's Offce f Ma r D e Comments: Revised January 15, 2009 Ta7yarLI le THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan,City Council Thru: Don Marr,Chief of Staff From: Dara Sanders, Current Planner Date: July 14,2010 Subject: ADM 10-3619 (UDC Amendments Chapters 151, 161, 162, 164) RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance amending Chapters 151, 161, 162, and 164 of the Unified Development Code(ADM 10-3619). BACKGROUND UDC Chapters 151 (Definitions), 161 (Zoning), and 162 (Use Units) refer to "Drive-in restaurants" for zoning and use purposes; Chapter 164 (Supplementary District Regulations) refers to "Drive-in facilities" for separation requirements; and Chapter 172 (Parking) refers to "drive-through facilities" for parking lot design regulation. These Chapters are intended work together in the Unified Development Code, but they do not use a consistent or accurate.title for the uses they regulate, which creates confusion and unnecessary complication. Staff proposes to amend all sections in Chapter 151, 161, 162, and 164 that reference "Drive-in restaurants" to "Drive-in/drive-through restaurants" and to eliminate unnecessary regulation for consistency and clarity in the Unified Development Code. DISCUSSION On July 12, 2010 the Planning Commission unanimously forwarded this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, CHAPTERS 151: DEFINITIONS, 161: ZONING REGULATIONS, 162: USE UNITS, AND 164: SUPPLEMENTARY DISTRICT REGULATIONS FOR DRIVE-IN RESTAURANTS AND FACILITIES. WHEREAS, the City of Fayetteville Unified Development Code was adopted to further the health, safety and general welfare of the community, and to promote an orderly and appropriate mix of land uses; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be revised to provide clear and accurate information that is easily understood by the general public. 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 §151.01 of the Unified Development Code to repeal and replace the definition title of Drive-in restaurant or refreshment stand with the following: "Drive-inldrive-through restaurant" Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §16L18(B)(1)through 161.21(B)(1), 161.24(B)(2), 161.27(B)(1), and 161.28(B)(1) of the Unified Development Code by renaming Unit 18 as follows: "Unit 18: Gasoline service stations and drive-inldrive through restaurants" Section 3.That the City Council of the City of Fayetteville, Arkansas hereby amends §162.01 Establishment/Listing and §162.01(8)of the Unified Development Code by renaming Unit 18, as follows: "Unit 18: Gasoline service stations and drive-inldrive through restaurants" Section 4. That the City Council of the City of Fayetteville,Arkansas hereby amends §162.01(R)(2)by renaming the included use of"Drive-in restaurant"to "Drive- in/drive through restaurant". Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.18(C) and renumbers the remaining subsections. PASSED and APPROVED this the day of , 2010. APPROVED: By: LIONELD JORDAN,Mayor ATTEST: By: SONDRA SMITH, City Clerk Tayel evl le PC Meeting of July 12, 2010 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: T••tro Updated July 15, 2010 ADM 10-3619: Administrative Item: (UDC AMENDMENTS CHAPTERS 151, 161, 162, AND 164): Submitted by CITY PLANNING STAFF. The proposal is to amend references of "Drive-In Facilities" to "Drive-Through Facilities" for consistency in the Unified Development Code. Planner: Dara Sanders BACKGROUND UDC Chapters 151 (Definitions), 161 (Zoning), and 162 (Use Units) refer to "Drive-in restaurants" for zoning and use purposes; Chapter 164 (Supplementary District Regulations) refers to "Drive-in facilities" for separation requirements; and Chapter 172 (Parking) refers to "drive-through facilities" for parking lot design regulation. These Chapters are intended work together in the Unified Development Code, but they do not use a consistent or accurate title for the uses they regulate, which creates confusion and unnecessary complication. PROPOSAL Staff proposes to amend all sections in Chapter 151, 161, 162, and 164 that reference "Drive-in restaurants" to "Drive-in/drive-through restaurants" and to eliminate unnecessary regulation for consistency and clarity in the Unified Development Code. These changes are summarized below and attached in full to this staff report: UDC Chapter Proposed Changes (1) Ch.151 Definitions Add "drive-through" to the definition for Drive-in restaurant for consistency throughout the code. Strike"refreshment stand", as it conflicts with the regulations in Chapter 178: Outdoor Vendors. (2) Ch. 161 Zoning Revise Unit 18 to"Gasoline service stations and drive- in/drive-through restaurants" in the C-1, CS, C-2, UT, C-3, MSC, 1-1, and 1-2 zoning districts for consistency throughout the code. (3) Ch. 162 Use Units Revise the included uses in Use Unit 18 to"Drive-in/drive- through restaurant'for consistency throughout the code. (4) Ch. 164 Supplementary Strike 164.18(C), as staff finds that the required curb cut District Regulations separation does not provide a beneficial purpose and is address under UDC Section 166.09 Access Managment. The ordinance amendments are highlighted and attached to the staff report. RECOMMENDATION Staff recommends forwarding ADM 10-3619 to the City Council with a recommendation for approval. Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled Motion: Chesser Second: Kennedy Vote: 8-0-0 Meeting Date: July 12, 2010 Comments: Chapter 151: Definitions Fayetteville Code of Ordinances opened or expanded,4-20-72)A manufactured home Development site. (Physical Alteration of Land) which does not have a flush toilet and bath or shower. That portion of any lot or parcel subjected to grading, removal of vegetation, or construction such as, but Detention. (Stormwater Management, Drainage not limited to, buildings, parking lots, streets and and Erosion Control) The collection and temporary sidewalks. storage of stormwater with subsequent gradual release of the stormwater. Diameter breast height (DBH). (Tree Preservation and Protection) The diameter of a tree Develop. (Physical Alteration of Land) measured at a point four and one-half feet above the Permanently altering land by subjecting it to grading, ground. If a tree splits into multi-trunks,the trunk is removal of vegetation,or construction such as but not measured at its narrowest point below the split. limited to buildings, parking lots, streets, and sidewalks. - Directional sign. (Signs) A sign of a noncommercial nature which directs the reader to the Developer. (Stormwater Management,Drainage location of public or educational institutions,or to the and Erosion Control) Any person(s), parties, location of historical structures or areas, or the partnerships, or corporations, private or public, location of public parks or buildings. engaging in activities described as development. Display surface area. (Signs)The net geometric Developer. (Development) A person, firm or area enclosed by the display surface of the sign corporation undertaking to develop a subdivision or including the outer extremities of all letters,characters large scale development as set forth in the and delineations;provided,however,"display surface development regulations. area"shall not include the structural supports for free standing signs;providedfurther,that only one face of Development. (Stormwater Management, a double-faced sign shall be considered in Drainage and Erosion Control)To make a site or area determining the display surface area. available for use by physical alteration. Development includes, but is not limited to, providing access to a District or zoning district. (Signs) A section or site, clearing vegetation; grading; earth moving; sections of the incorporated area of the city for which providing utilities and other services such as parking the then effective zoning ordinance governing the use facilities;stormwater management and erosion control of buildings and land are uniform for each class of use systems; and sewage disposal systems; altering permitted therein. References to individual zoning landforms;or construction of a structure on the land. districts contained herein shall refer to the zoning Development shall also mean any of the following: district established by the City Council in Chapter 160. (A) Construction, installation,. alteration, Disturb. (Physical Alteration of Land) To alter demolition, or removal of a structure, the natural state. impervious surface, or stormwater management system,or Domed roof. (DDOD) A vaulted roof having a circular, polygonal,or elliptical base and a generally (B) Clearing, scraping, grubbing, or otherwise hemispherical or semispherical shape. removing or killing the vegetation of a site;or Dormitory. (Zoning) A building or group of (C) Adding, removing, exposing, excavating, buildings designed or altered for the purpose of- leveling, grading, digging, dumping, or accommodating students or members of religious otherwise disturbing the soil or rock of a site orders with sleeping quarters, with or without in a manner contrary to the requirements of communal kitchen facilities, and administered by the stormwater management, drainage and educational or religious institutions. erosion control regulations. Drainage area. (Stormwater Management, Development. (Streets and Sidewalks) Shall Drainage and Erosion Control) The watershed area include,but shall not be limited to,the construction of contributing surface and stormwater runoff to a a new improvement,the construction of an addition to stormwater management system. an existing improvement,or a parceling which results in the need for access and utilities. Dripline. (Tree Preservation and Protection)An imaginary vertical line that extends downward from Development plan. (Development) A drawing the outermost tips of the tree branches to the ground. showing all proposed improvements to a piece of property such as streets, parking lots, buildings, Drive-in or drive-through restaurant ac drives,signs,utilities,drainage,grading and planting faftehmeoif gem (Zoning)Any place or premises by size and location. used for sale, dispensing, or serving of food, refreshments,or beverages in automobiles,including CD151:8 TITLE XV UNIFIED DEVELOPMENT CODE those establishments where customers may serve Enforcement officer. (Manufactured Homes and themselves and may eat or drink the food, Parks) (Manufactured Homes and Parks opened or refreshments or beverages on the premises. expanded,4-20-72)The chief building inspector of the city,or his/her duly authorized representative. Dwelling,live/work. A dwelling unit within which an at-home business is encouraged. Businesses are Engineer. (Stormwater Management, Drainage limited to a maximum of two employees that do not and Erosion Control) A professional engineer dwell in the principal or accessory dwelling unit. registered in Arkansas, or other person exempted pursuant to the provisions of the Arkansas Code Dwelling, manufactured home. (Zoning) A Annotated,who is competent in the fields of hydrology detached residential dwelling unit designated for and stormwater management. transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at Erect. (Signs)To build, construct, attach,hang, the site where it is to be occupied as a dwelling place, suspend, or affix, and shall also include the complete and ready for occupancy except for minor painting of wall signs. and incidental unpacking and assembly operations, location on jacks or other temporary or permanent Erosion. (Stormwater Management, Drainage foundation, connection to utilities, and the like. A and Erosion Control) The removal of soil particles by travel trailer is not to be considered as a the action of water, wind, ice or other geological manufactured home. agents. Dwelling, multi-family. (Zoning) A residential Evergreen. (Physical Alteration of Land)A plant building designed for or occupied by three or more that retains leaves or needles year-round. families,with the number of families in residence not exceeding the number of dwelling units provided. Excavation. (Physical Alteration of Land) The mechanical removal of earth material from water or Dwelling, single-family attached / townhouse. land. (Zoning) Two or more dwelling units located on individual lots but joined along a single lot line. All F such dwellings must be totally separated from other dwellings by a fire-resistant common wall. FAA. (Airport Zone) The Federal Aviation Administration. Dwelling, single-family. (Zoning) A detached residential dwelling unit other than a manufactured Facilities emitting odors. (Zoning regulations) home,designed for and occupied by one family only. Any function that involves a process which emits or Dwelling, two-family/duplex. (Zoning) A detached has the potential for emitting odor. residential building containing two dwelling units, Facilities handling explosives. (Zoning) Any designed for occupancy by not more than two families function that involves a process dealing with a product and located on one lot of record. with explosive potential. Dwelling unit. (Zoning) One room, or rooms Fall zone. (Wireless Communications Facilities) connected together, constituting a separate, The area within which a tower or antenna might cause independent housekeeping establishment for owner damage to persons or property should the tower or occupancy,or rental or lease on a weekly, monthly,or antenna be knocked down, blown over or fall on its longer basis,and physically separated from any other own. rooms or dwelling units which may be in the same structure, and containing independent cooking and Family. (Zoning) In single-family residential sleeping facilities. districts, a family is no more than three persons unless all are related and occupy a dwelling as a E single housekeeping unit in the RSF-.5(Residential Single-family — Half Acre), RSF - 1 (Residential Easement. (Development) A grant by the Single-family - One acre), RSF - 2 (Residential property owner to the public, a corporation or Single-family—2 Acre), RSF-4(Residential Single- persons, for the use of a strip of land for specific family—4 Units per Acre), and RSF-7(Residential purposes. Single-family—7 Units per Acre)zoning districts. In all other zoning districts where residential uses are EIFS. (Exterior Insulating and Finish Systems). permitted, a family is no more than four persons (DDOD)A cement based synthetic material used as unless all are related and occupy a dwelling as a an alternative to natural stucco. single housekeeping unit. A family is when all persons are related by blood, marriage, adoption, guardianship or other duly-authorized custodial CD151:9 Chapter 161: Zoning TITLE XV UNIFIED DEVELOPMENT CODE A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19.05: (Code 1965,App.A.,Art.5(V);Ord.No.2603,2-19-80;Ord. Ord.4943,11-07-06;Ord.5079,11-20-07;Ord.5195,11-6- No.1747,6-29-70;Code 1991,§160.035;Ord.No.4100, D8;Ord.5224.3-3-09:Ord.5312,4-20-1D) §2(Ex.A),6-16-98;Ord.No.4178,8-31.99;Ord.5028,6- 19-07;Ord.5195,11-6-08;Ord.6312,4.20-10) 161.18 District C-1, Neighborhood Commercial 161.19 Community Services (A) Purpose. The Neighborhood Commercial District (A) Purpose. The Community Services district is is designed primarily to provide convenience designed primarily to provide convenience goods goods and personal services for persons living in and personal services for persons living in the the surrounding residential areas. surrounding residential areas and is intended to provide for adaptable mixed use centers located (B) Uses. along commercial corridors that connect denser development nodes. There is a mixture of (1) Permitted uses. residential and commercial uses in a traditional urban form with buildings addressing the street. Unit 1 City-wide uses b right For the purposes of Chapter 96: Noise Control, 5 Government Facilities the Community Services district is a commercial Unit Unit 5 Gov laces zone. The intent of this zoning district is to provide standards that enable development to be Unit 15 Neighborhood shopping approved administratively. Unit 18 Gasoline service stations and drive- in/drive-throw h restaurants (B) Uses. Unit 25 Offices,studios,and related services (1) Permitted uses. (2) Conditional uses. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use Unit 4 Cultural and recreational facilities permit Unit Government facilities Unit 3 Public protection and utility facilities Unit 8 Single-family dwellings Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 16 Shopping oods Unit 10 Three-family dwellings Unit 34 Liquor stores Unit 13 Eating laces Unit 35 Outdoor music establishments* Unit 15 Neighborhood Shopping oods Unit 36 Wireless communications facilities' Unit 18 Gasoline service stations and drive- Unit 40 Sidewalk Cafes in/drive-throw h restaurants Unit 42 Clean technolo ies Unit 24 Home occupations Unit 25 Offices,studios and related services (C) Density. None. Unit 28 Multi-familydwellings (D) Bulk and area regulations. None. Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall (E) Setback regulations. need approval when combined with pre-approved uses. Front 50 ft. Side None (2) Conditional uses. Side,when contiguous to a 10 ft. residential district Unit 2 City-wide uses by Rear 20 ft. conditional use permit Unit 3 Public protection and utility facilities (F) Height regulations. There shall be no maximum Unit 14 Hotel,motel and amusement services height limits in C-1 District, provided, however, Unit 16 Shopping oods that any building which exceeds the height of 10 Unit 17 Transportation,trades and services feet shall be setback from any boundary line of Unit 19 Commercial recreation small sites any residential district a distance of one foot for Unit 28 Center for collecting each foot of height in excess of 10 feet. recyclable materials Unit 34 Li uor stores (G) Building area. On any lot the area occupied by Unit 35 Outdoor music establishments all buildings shall not exceed 40% of the total Unit 36 1 Wireless communication facilities' area of such lot. Unit 40 1 Sidewalk Cafes C0161:15 Unit 42 1 Clean technologies I Unit 33 1 Adult live entertainment club or bar Unit 34 1 Liquor store (C) Density.None (2) Conditional uses. (D) Bulk and area regulations. (1) Lot width minimum. Unit 2 City-wide uses b conditional use permit Unit 3 Public protection and utility facilities Dwellin 18 ft. Unit 21 Warehousingand wholesale All others None Unit 28 Center for collectingrecyclable materials Unit 29 Dance Halls (2) Lot area minimum. None Unit 32 Sexual) oriented business Unit 35 Outdoor music establishments (E) Setback regulations. Unit 36 Wireless communications facilities Unit 3§ 1 Mini-storage units Front: The principal fagade of a Unit 40 Sidewalk Cafes building shall be built IUnit 42 1 Clean technologies within a build-to zone that is located between (C) Density. None. 10 feet and a line 25 feet from the front property (D) Bulk and area regulations. None. line. Side and rear, None (E) Setback regulations. Side or rear, when 15 feet contiguous to a residential Front 50 ft. district: Side None Side,when contiguous to 15 ft. (F) Height regulations. Maximum height is 4 stories a residential district or 56 feet which ever is less. I Rear 20 ft. (G) Minimum buildable street frontage. 65%of the lot (F) Height regulations. In District C-2 any building width. which exceeds the height of 20 feet shall be set (Ord.5312,4-20-10) back from any boundary line of any residential district a distance of one foot for each foot of 161.20 District C-2, Thoroughfare height in excess of 20 feet. No building shall g exceed six stories or 75 feet in height. Commercial (G) Building area. On any lot,the area occupied by (A) Purpose. The Thoroughfare Commercial District all buildings shall not exceed 60% of the total is designed especially to encourage the area of such lot. functional grouping of these commercial enterprises Catering primarily to highway (Code 1965,App.A.,Art.5(VI);Ord.No.1833,11-1-71;Ord. travelers. No.2351,6-2-77;Ord.No.2603,2-19-80;Ord.No.1747,6- 29-70;Code 1991,§160.036;Ord.No.4034,§3,4,4.15-97; (B) Uses Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99; Ord.4727,7-19-06;Ord.4992,3-06-07;Ord.5028,6-19-07; (1) Permitted uses. Ord.5195,11-6-08;Ord.5312,4-20-10) Unit 1 Ci wide uses by right 161.21 Urban Thoroughfare Unit 4 Cultural and recreational facilities (A) Purpose. The Urban Thoroughfare District is Unit 5 Government Facilities designed to provide goods and services for Unit 13 Eatina places persons living in the surrounding communities. Unit 14 Hotel,motel and amusement facilities This district encourages a concentration of Unit 16 Shopping oods commercial and mixed use development that Unit 17 Transportation trades and services enhances function and appearance along major Unit 18 Gasoline service stations and drive-in/drive- thoroughfares.Automobile-oriented development throw fr restaurants is prevalent within this district and a wide range Unit 19 Commercial recreation small sites of commercial uses is permitted. For the Unit 20 1 Commercial recreation large sites purposes of Chapter 96: Noise Control, the Unit 25 1 Offices,studios,and related services Urban Thoroughfare district is a commercial CD161:16