No preview available
HomeMy WebLinkAboutOrdinance 5238 ORDINANCE NO. 5238 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 151: DEFINITIONS, 161: ZONING REGULATIONS, AND 162: USE UNITS IN ORDER TO CLASSIFY AND DEFINE ANIMAL DAYCARE, ANIMAL BOARDING, AND KENNELS, AND TO PERMIT THESE USES IN CERTAIN SITUATIONS IN COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL-AGRICULTURAL ZONING DISTRICTS. WHEREAS, the City of Fayetteville zoning regulations do not have a clear classification or definition for animal day care and boarding; and WHEREAS, the City of Fayetteville zoning regulations do not currently permit overnight commercial animal boarding in any zoning district except for property zoned R-A, Residential-Agricultural; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code needs to be revised to clearly define animal daycare, animal boarding, kennels, and to permit these uses in various intensities depending on the zoning and land uses. 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 Definitions of the Unified Development Code as follows: Animal dayeare. (Zoning) A facility that provides day or nighttime supervision for three or more animals. Animals are kept inside the facility, except animals are permitted to be walked on a leash outside. Facilities that contain outdoor dog runs, play areas, or kennels are not considered an animal daycare. Kennel. (Zoning) A structure or facility used for the purpose of breeding two or more litters of puppies or kittens within any twelve month period. A facility that keeps animals commercially and has open dog runs, outside play areas, or any areas where animals are kept or left outside. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §162.01 Establishment/Listing of the Unified Development Code to create Use Unit 43: Animal Boarding and Training within the list of established uses within the City, described as follows: (QQ) Unit 43, Animal Boarding and Training, (1) Description. Unit 43 consists of services such as animal boarding, training, kennels, outdoor animal daycare and related activities which have outdoor space for animal exercise and other activities and may therefore result in noise and aesthetic impacts and may pose compatibility issues when adjacent to commercial or residential uses without adequate buffers in place. (2) Included uses. Animal boarding Animal training Kennels Outdoor animal daycare Outdoor dog runs Other outdoor animal activity Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §162.01 (G)(2)Unit 7: Animal Husbandry to strike"Kennel"from the list of included uses. Section 4. That the City Council of the City of Fayetteville,Arkansas hereby amends the Unified Development Code §162.01 (L)(2) Unit 12: Offices, studios and related services to add "Animal daycare(10 animals or less)"within the Services category of included uses and §162.01 (Q)(2) Unit 17: Trades and Services to add "Animal daycare" within the Personal help category of included uses. Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends §161.03 (B)(1) Residential Agricultural and §161.25 (13)(1) General Industrial to add Unit 43: Animal Boarding and Training to the list of permitted uses. Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends §161.18 (13)(2) Thoroughfare Commercial and §161.24 (B)(2) Heavy Commercial/Light Industrial to add Unit 43: Animal Boarding and Training to the list of conditional uses. ,�44ii94FfFifA�61pF PASSED and APPROVED this the 5th day of May, 2009. FAYETI'EVILLE o APYIELD ATTEST: rr, SQ�'■.`°_'��•` sd�A,C`a�4iy lv .•OV`�`� °°077; 1GTmA G.4*. BY' �. By: I.cY e, aEEsc. aa�va JO ,Mayor SO RA Esm�-�TTTH4, City Clerk/Treasurer RECEIVED MAY 13 2009 A&arms Democrat IV 0amte CITY OF FAYETTEVILLE NORTHWESTOCITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5238 May 11, 2009 Publication Charge : $134.50 Signed: ------ -- L-0-vu—,7 -- Subscribed and sworn to before me This jaday of cP1jQ,1-j4--, 2009. Notary PubliciL� � G GAIN is�ur+lY ,. Waswml �pos My Commission Expires: a j FGb"' Do not pay from Affidavit, an invoice will be sent RECEIVED MAY 13 2009 �I FY�F FAYE�EVILLE C"CLERK'S OFFICE ORDINANCE NO.5236 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF - e;li TEVILLE, 74 AMEND CHAPTERS 151: OEFINIEFINI- TfONS, 161: ZONING REGULATIONS, AND 162: USE UNITS IN ORDER TO CLASSIFY AND DEFINE ANIMAL DAYCARE, ANIMAL BOARDING, AND ARKANSAS KENNELS,AND TO PERMIT THESE USES IN CER- TAIN SITUATIONS IN COMMERCIAL,INDUSTRIAL, AND RESIDENTIAL-AGRICULTURAL ZONING.DISTRICTS. WHEREAS;the Qty of Fayetteville zoning regulations do not have a clear classification or defini- tion for animal day care and boarding;and WHEREAS,the City ofFayettevillezoning regulations do not currently permit overnight commer- cial animal boarding in any zoning district except for property zoned R-A,Residential-Agricultural; and.. WHEREAS,the City of Fayetteville recognizes that the Unified Development Code needs to be revised to clearly define animal daycare,animal boarding,kennels,and to permit these uses in var- ious intensities depending-on the zoning and land uses. 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 Definitions of the.Unified Development Code as follows: Animal daycare. (Zoning)A facility that provides day or nighttime supervision for three or more ani- mals. Animals are kept inside the facility,except animals are permitted.to be walked on a leash out- side. Facilities that contain outdoor dog runs,play areas,or kennels are not considered an animai daycare. - Kennel.(Zoning)A structure or facility used for the purpose of breeding two or more litters of pup- pies or kittens within any twelve month period.A facility that keeps animals commercially and has open dog runs,outside play areas,or any areas where animals are kept or left outside. Section.2.That the;City Council of the City of Fayetteville, Arkansas hereby amends §162.01. Estabfishmenf/Listing of the Unified Development Code to create Use Unit 43:Animal Boarding and Training within the list of-established uses within the City,described as follows: (OQ)Unit 43. Animal..Boarding aria Training. (1)Description.Unit 43 consists of services such as animal boarding,training,kennels,outdoor ani- trial daycare and relatedactivities,which have outdoor space for animal exercise and other activities and may therefore result in noise and aesthetic impacts and may pose compatibility issues when adjacent to com.merciaS or residential uses without adequate butters in place. (2)Included uses. Animal boarding Animal training Kennels Outdoor animal daycare Outdoor dog.runs Other outdoor animal activity Section 3.That the City Council of the City of Fayetteville,Arkansas hereby amends§162.01(G)(2) Unit 7:Animal Husbandry to strike"Kennel"from the list of included uses. Section 4.That the City Council.'ot the City of Fayetteville,Arkansas hereby amends the Unified Development Code§162.01(L)(2y Unit 12:Offices,studios and related services to add"Animal day- care(10 animals or less)"within the Services categoryofincluded uses and§162-61(Q)(2)Unit 17: Trades and Services to add"Animal daycare"within the Personal help category of included uses. Section 5.That the City Council of the City of Fayetteville,Arkansas hereby amends§161.03(13)(1) Residential Agricultural and§161.25(13)(1)General Industrial to add Unit 43:Animal Boarding and Training to the list of permitted uses. Section 6.That the City Council of the City of Fayetteville,Arkansas hereby amends§161.18(13)(2) Thoroughfare Commercial and§161.24(8)(2)Heavy Commercial/Light Industrial to add Unit 43: Animal Boarding and Training to the ftsrotZonditional uses. PASSED and APPROVED this the 5th day of May,2009. APPROVED: ST By: By LIONELD JORDAN,Mayor 6 NOR{i E.SMITH,City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items 5 U and Contracts, Leases or Agreements 5/5/2009 City Council Meeting Date Agenda Items Only Andrew Gamer Planning Development Services Submitted By Division Department Action Required: ADM 09-3235 (UDC Amendment: Animal Boarding): An ordinance amending Chapters 151, 161, and 162 of the Unified Development Code in order to classify and define animal daycare, animal boarding, and kennels, and to permit these uses in certain commercial, industrial, and residential-agricultural zoning districts. nla Cost of this request Category I Project Budget Program Category/Project Name n/a Account Number Funds Used to Date Program 1 Project Category Name nla Project Number Remaining Balance Fund Name Budgeted Item t� Budget Adjustment Attached N-01 Previous Ordinance or Resolution# Dep m t Dir r Date Original Contract Date: Original Contract Number: City Attorney n Date Received in City (W;RClerk's Office ief of Staff Date Received in E TER EA Mayor's Office M yor Date Comments: Revised April 16,2007 City Council Meeting of May 5, 2009 Agenda item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Operations From: Jeremy Pate, Director of Development Services Date: April 15, 2009 Subject: UDC Amendments for Animal Boarding and Daycare (ADM 09-3235) BACKGROUND With the adoption of the animal ordinance amendments in 2007, the City of Fayetteville's zoning regulations do not currently permit overnight commercial animal boarding in any zoning district except for property zoned R-A, Residential Agricultural.,The reason for this regulation is typically associated with nuisances that come about from large numbers of dogs being kept outside and issues associated with commercial boarding;such as noise, odor, waste disposal, aesthetics, etc. The zoning and development codes do not have a specific classification or_definition for animal day care. Animal day cares have been historically permitted in Fayetteville similar to a small veterinary animal clinic where animals are kept inside, with the exception of being walked outside on a leash. if animals are allowed outside in open dog runs, play areas or kennels, it is considered to be a kennel, and falls under commercial animal boarding, according to staff's interpretation of the Fayetteville Unified Development Code (UDC). Staff has recently been evaluating a request by a citizen who desires to operate a doggie day care, animal boarding and retail business on her property zoned C-2, Thoroughfare Commercial. Because of the restriction of any kind of commercial animal boarding to only R-A districts, there is no opportunity currently to review this request, unless:the property is rezoned. Staff has drafted an ordinance to present to the Planning Commission and City Council to permit animal boarding and the associated uses in the C-2 zoning district as a conditional use. PROPOSAL The proposal before you is to amend several chapter of the UDC regarding animal daycare, animal boarding and kennels as summarized below and attached in full.to this staff report: City Council Meeting of May 5, 2009 Agenda Item.Number UDC Chapter Proposed Changes (1) Ch.151 Definitions added a new definition for"animal daycare" (three or more animals kept inside) (2) Ch.151 Definitions redefined "kennel" (no limit on the number of animals, allows animals outside) (3) Ch. 162 Use Units created a new Use Unit 43, Animal Boarding and Training (4) Ch. 162 Use Units removed "kennel"from Use Unit 7, Animal Husbandry and added it to new Use Unit 43, Animal Boarding and Training (5) Ch. 162 Use Units Added Animal Daycare (10 animals or less)to Use Unit 12, Offices, Studios and Related Services, similar to a small veterinary animal clinic (6) Ch. 162 Use Units Added Animal Daycare (no maximum number of animals) to Use Unit 17 (7) Ch_ 161 Zoning Regulations Added new Use Unit 43, Animal Boarding and Training, to R-A and 1-2 as a permitted use (8) Ch. 161 Zoning Regulations Added Use Unit 43, Animal Boarding and Training to C-2 and 1-1 as a conditional use The ordinance amendments are highlighted and attached to the staff report. The general intent is to keep larger operations for animals in appropriate R-A distiricts ,while allowing smaller operations, including those that could be appropriate with'ade'quate-measures in place, in appropriate commercial/industrial districts. RECOMMENDATION Staff recommends approval of the proposed amendments to Chapters 151, 161, and 162 of the UDC. Staff finds that in order to distinguish large and small animal boarding operations, several chapters of the UDC need to be revised to clearly define animal daycare, animal boarding, kennels, and to permit these uses in various intensities depending on the zoning district and surrounding land uses. Animal daycare facilities with a small number of animals kept indoors (less than 10) are similar in size and scale,,as- a small veterinary animal clinic and should be defined similarly in our zoning regulations. Larger scale animal dayeare and commercial animal boarding facilities may be appropriate in the C-2, 1-1, 1-2, and R-A zoning districts in certain situations. This proposal would provide additional business opportunity and convenience for citizens that use these services regularly, while giving the Planning Commission discretion to determine the compatibility of such uses on a case-by-case basis in certain zoning districts and to require specific conditions of approval as needed. This item was heard at the April 13, 2009 Planning Commission and forwarded to the City Council with a unanimous recommendation for approval (8-0-0). BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 151: DEFINITIONS, 161: ZONING REGULATIONS, AND 162: USE UNITS IN ORDER TO CLASSIFY AND DEFINE ANIMAL DAYCARE, ANIMAL BOARDING, AND KENNELS, AND TO PERMIT THESE USES IN CERTAIN SITUATIONS IN COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL-AGRICULTURAL ZONING DISTRICTS. WHEREAS, the City of Fayetteville zoning regulations do not have a clear classification or definition for animal day care and boarding; and WHEREAS, the-City of Fayetteville zoning regulations do not currently.permit. overnight commercial .animal boarding in any zoning district except for property zoned R=A,. Residential-Agricultural; and WHEREAS, the City of Fayetteville recognizes that the Unified Development Code needs to be revised to clearly define animal daycare, animal boarding, kennels, and to permit these uses in various intensities depending on the zoning and land uses. 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.Q I Definitions of the Unified Development Code as follows: Animal daycare. (Zoning) A facility that provides day or nighttime supervision for three or more animals.Animals are kept inside the facility, except animals are permitted to be walked on a leash outside. Facilities that contain outdoor dog runs, play areas, or kennels are not considered an animal daycare. Kennel_ (Zoning)A structure or facility used for the purpose of breeding two or more litters of puppies or kittens within any twelve month period. A facility that keeps animals commercially and has open dog runs, outside play areas, or any areas where animals are kept or left outside. Section 2. That the City Council of the City of Fayetteville,Arkansas hereby amends §162.01 Establishment/Listing of the Unified Development Code to create Use Unit 43: Animal Boarding and Training within the list of established uses within the City, described as follows: (QQ) Unit 43. Animal Boarding and Training. (1) Description. Unit 43 consists of services such as animal boarding, training, kennels, outdoor animal daycare and related activities which have outdoor space for animal exercise and other activities and may therefore result in noise and aesthetic impacts and may pose compatibility issues when adjacent to commercial or residential uses without adequate buffers in place. (2) Included uses. Animal boarding Animal training Kennels Outdoor animal daycare .Outdoor dog runs Other outdoor animal activity Seciion 3.That the City Council of the City of Fayetteville, Arkansas hereby amends §162.01 (G)(2)Unit 7: Animal Husbandry to strike"Kennel" from the list of included uses: 'Section•4.That the City.Council of the City of Fayetteville,Arkansas hereby amends the Unified Development Code §162.01 (L)(2)Unit 12: Offices, studios and related services to,add , "`Animal daycare'(10 animals or less)"within the Services category of included uses and: §16101 , (Q)(2)Unit 17: Trades and Services to add "Animal daycare"within the Personal help.category of included uses. Section 5.That the City Council of the City of Fayetteville,Arkansas hereby amends §161.03 (B)(1)Residential Agricultural and §161.25 (B)(1)General Industrial to add Unit 43: Animal Boarding and Training to the list of permitted uses. Section 6.That the City Council of the City of Fayetteville, Arkansas hereby amends §161.18(B)(2)Thoroughfare Commercial and §161.24(13)(2)Heavy Commercial/Light Industrial to add Unit 43: Animal Boarding and Training to the list of conditional uses. PASSED and APPROVED this the day of ,2009. APPROVED: By: LTONELD JORDAN,Mayor ATTEST: By: SONDRA SNUTH,City Clerk MARK-UP UDC Amendment Animal Boarding Chapter 151: Definitions is amended by adding a definition for Animal Daycare, and removing and replacing the definition of Kennel. 151.01 Definitions Animat daycare. (Zoning)A facility that provides day or nighttime supervisiori for three'or more animals. Animals are kept"insi ie.the'fadlity, except.animals`are permitted to be walked on a'',IPash'outside. Facilities that contain outdoocdoq_rum play areas;or kennels`are not'considered an animal-daycare Kennel. (Zoning)A structure or facility used for the purpose of breeding two or more litters of puppies or kittens within any twelve month period. Eats or sembiratieR theFeefi at aRV iR.G shall be considered a"Ken Til A.facility that keeps animals coma erciaHy and has'open'dog runs,:`outside play areas,or any areas where animals are kept or left outside; Chapter 162: Use Units is amended by adding a new Use Unit 43, Animal:Boarding and Training, and removing and replacing the following sections. - 162.01 EstablishmentlListing The various use units referred to in the zoning district provisions are herein listed in numerical order-Within the.use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where.there is a preliminary descriptive statement(which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. The asterisk (*) next to a specific use indicates that the use has special conditions as required by Chapter 163, Use Conditions and Chapter 164 Supplemental Regulations. Unit 1 City-Wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 A riculture Unit 7 Animal husband Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 11 Manufactured home park Unit 12 Offices,studios and related services Unit 13 Eating laces Unit 14 Hotel,motel and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations&drive-in restaurants Unit 19 Commercial recreation,small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heayy industrial Unit 24 Home occupation Unit 25 Professional offices Unit 26 Multi-family dwellings Unit 27 Wholesale bulk petroleum storage facilities with under round storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini-storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accesso dwellin s Unit 42 Clean technologies Unit+'43 I Animal`Boardin and Trainin (G) Unit 7. Animal husbandry. (1) Description. Unit 7 consists of livestock raising and related activities which are ordinarily objectionable to other uses and require,therefore,a buffer strip when abutting a C or R District. (2) Included uses. Animal farms for show, breeding, and training Farms with livestock Livestock services: -Animal hospitals -Shipping of livestock -Training of horses -Veterinarian's treatment a reas Recreational uses: -Guest ranch -Riding stable -Rifle range •Rodeo ground (QQl Unrt 43 Anrrrra!Boarrlinq and 7rarriings (11' Description °Unit 43 consists of sennces such as animal boarding training kennels, outdoor aniidal daycare.and:related:activities-- ch have,outdoor space':for an rr3ai:'exercise 2antl.other activities an'd may--al erefore'resultan - noise-antl:aesthetc impacts and"may_pose compatibility issues,when'adlaeentao'commercial`or residential i'ses without adequate bufFers' i,place:` 2�` !nclrided uses: ;4nimal'baardin`` Gln iirialtraiiiri"' Kennels Outdoor:'animat`da care Outdoorda runs Other'outdoor. animal actiyitu (L) Unit 12, Offces, studios, and related services. (1) Description. Unit 12 consists of offices, studios, medical and dental labs and other compatible or supporting services and sales. (2) Included uses. Advertising agency Artist's studio Computing service Data processing service Drafting service Dental clinic Financial institution Funeral home Medical clinic Office buildings Social and welfare agencies Sale of supplies and -Architects and artists equipment: supplies -Business machines -Dental supplies -Medical and optical supplies -Office furnishings Scientific instruments Services: -Auto parking garage -Blueprinting -Bail bonding agency -Employment agency -Photocopying -Printing -Ticket office,transportation and amusement -Travel agency -Veterinary small animal out- patient clinic -Animal daycare 00 animals or less (Q) Unit 17. Trades and services_ (1) Description. Unit 17 consists of establishments engaged primarily in providing household and automotive maintenance and similar services which fulfill recurrent needs of residents of nearby areas, but are generally incompatible with primary retail districts because they break the continuity of retail frontage. (2) Included uses. Retail trade establishments, -Automotive sales,service general: and repair, including body shop* -Buses -Manufactured home sales -Motorcycle sales, including service and repair -Truck sales, including service and repair -Trailer sales,camping, hauling,travel -Used car lots -Farm supplies and equipment and repair General merchandise -Direct selling establishment: Merchandise vending