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
