HomeMy WebLinkAboutOrdinance 5338 ORDINANCE NO. 5338
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CITY OF FAYETTEVILLE, CHAPTER 162: USE UNITS
TO MODIFY THE USES WITHIN USE UNIT 2, CITY-WIDE USES BY
CONDITIONAL USE.
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 uses included in Use Unit 2 should be limited to uses that can be
objectionable to nearby uses and are therefore permitted subject to conditional use permits in
all districts; and
WHEREAS, the City of Fayetteville acknowledges it is onerous to require Planning
Commission approval for a conditional use permit to utilize a temporary construction facility
on an approved construction site; and
WHEREAS, the City of Fayetteville acknowledges the benefit of permitting a
business to utilize a temporary commercial facility on private property during construction or
transitional periods.
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
§162.01(B): Use Unit 2 by striking "Construction facility" from the temporary facilities and
replacing it with"Commercial facilities".
PASSED and APPROVED this 3rd day of August, 2010.
APPROVED: ATTEST:
K/TR '
B.7 .G`_____ By: °
IO LD JO ,Mayor SO DRA E. SMITH, City Clerk/Trejsu&AYETTEVILLE o
y/-,1;
`�dy .aTo4l �` . .
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
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
ADM 10-3618: Administrative Item: (UDC AMENDMENT USE UNIT 2 CONSTRUCTION FACILITY): Submitted by
CITY PLANNING STAFF. The proposal is to amend Fayetteville Unified Development Code Chapter 162: Use Units
to eliminate"Construction facility"from Use Unit 2, City-wide uses by conditional use permit.
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 Q Budget Adjustment Attached
IV A ' -1�- Previous Ordinance or Resolution#
Departm ctor Date
Original Contract Date:
Original Contract Number:
Ci ney U Date
-Pa,, c L (�., _ -7 19,2bi b
Finan a and Internal Services Director Date Received in Cit 7-16-10A11 : 02 R C V D
Clerk's Office
Chief of S ff Date
Received in
Mayor's Office
a r
Ddte-
Comments:
Revised January 15, 2009
Tae eVl e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
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 10-3618 UDC Chpater 162,Use Unit 2
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance amending Chapter 162 of the Unified
Development Code(ADM 10-3618).
BACKGROUND
The Fayetteville Unified Development Code (UDC) Chapter 162.01(B), Use Unit 2, contains a list of uses that may
be conducted anywhere in the Fayetteville city limits subject to Planning Commission approval of a Conditional Use
Permit, as these uses can sometimes be objectionable to nearby uses. Use Unit 2 includes campgrounds, solid waste
disposal facilities, carnivals, construction trailers, and other temporary facilities.
It is typical for a large site under construction to contain a temporary office structure with utility connections for the
purpose of efficiently overseeing and managing the construction process. The office is removed from the site once
construction is completed or prior to a City-issued certificate for occupancy. In the past, these temporary
construction offices have been treated as an accessory use to the construction of a permitted project on the same
property and have not been required to request a conditional use permit.
Staff proposes to strike "Construction facility" from Use Unit 2, City-wide uses by conditional use permit, finding
that it is onerous to require Planning Commission approval for a conditional use permit to utilize a temporary
construction facility on a temporary construction site. Staff also proposes to replace "Construction facility" with
"Commercial facility". This would allow the Planning Commission to approve a Conditional Use Permit for a
temporary commercial facility, such as an office, retail, or eating establishment. The intent is to provide an option for
property/business owners to utilize interim space during expansion, construction, reconstruction, or for outdoor
mobile vendors requesting to operate on private property longer than the current 90-day limit.
DISCUSSION
On July 12, 2010 the Planning Commission unanimously forwarded this request to the City Council with a
recommendation for approval.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVIL'LE, CHAPTER 162: USE UNITS TO
MODIFY THE USES WITHIN USE UNIT 2, CITY-WIDE
USES BY CONDITIONAL USE.
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 uses included in Use Unit 2 should be limited to uses that can be
objectionable to nearby uses and are therefore permitted subject to conditional use permits in
all districts; and
WHEREAS, the City of Fayetteville acknowledges it is onerous to require Planning
Commission approval for a conditional use permit to utilize a temporary construction facility
on an approved construction site; and
WHEREAS,the City of Fayetteville acknowledges the benefit of permitting a
business to utilize a temporary commercial facility on private property during construction or
transitional periods.
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
§162.01(B): Use Unit 2 by striking "Construction facility" from the temporary facilities and
replacing it with"Commercial facilities".
PASSED and APPROVED this the day of ,2010.
APPROVED:
By:
LIONELD JORDAN,Mayor
ATTEST:
By:
SONDRA SMITH,City Clerk
Tay�etr�V PC Meeting of July 12, 2010
KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
72701
PLANNING DIVISION CORRESPONDENCE Fayetteville,Telephone:(479)57 5-826-826
7
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: july 7, 204-0 Updated July 13, 2010
ADM 10-3618: Administrative Item: (UDC AMENDMENT USE UNIT 2
CONSTRUCTION FACILITY): Submitted by CITY PLANNING STAFF. The proposal is to
amend Fayetteville Unified Development Code Chapter 162: Use Units to eliminate
"Construction facility" from Use Unit 2, City-wide uses by conditional use permit.
Planner: Dara Sanders
BACKGROUND
The Fayetteville Unified Development Code (UDC) Chapter 162.01(B) contains a list of uses
that may be conducted anywhere in the Fayetteville city limits subject to Planning Commission
approval of a Conditional Use Permit, as these uses can sometimes be objectionable to nearby
uses. Use Unit 2 includes campgrounds, solid waste disposal facilities, carnivals, construction
trailers, and other temporary facilities.
It is typical for a large site under construction to contain a temporary office structure with utility
connections for the purpose of efficiently overseeing and managing the construction process. The
office usually contains the final set of construction drawings permitted by the City, telephones,
computers, and meeting space for the sole purpose of site construction and is removed from the
site once construction is completed or prior to a City-issued certificate for occupancy.
In the past, these temporary construction offices have been treated as an accessory use to the
construction of a permitted project and have not been required to request a conditional use
permit.
PROPOSAL
Staff proposes to strike "Construction facility" from Use Unit 2, City-wide uses by conditional
use permit, finding that it is onerous to require Planning Commission approval for a conditional
use permit to utilize a temporary construction facility on a temporary construction site.
Staff also proposes to replace "Construction facility" with "Commercial facility". This would
allow the Planning Commission to approve a Conditional Use Permit for a temporary
commercial facility, such as an office, retail, or eating establishment. The intent is to provide an
option for property/business owners to utilize interim space during expansion, construction,
reconstruction, or for outdoor mobile vendors requesting to operate on private property longer
than the current 90-day limit.
These changes are summarized below and attached in full to this staff report:
UDC Chapter Proposed Changes
(1) Ch.162.01(B) Use Unit 2 Strike"Construction facility"from the temporary facilities that require
Planning Commission approval of a Conditional Use Permit.
Replace with "Commercial facility".
The ordinance amendments are highlighted and attached to the staff report.
RECOMMENDATION
Staff recommends forwarding ADM 10-3618 to the City Council with a recommendation for
approval.
Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled
Motion: Kennedy
Second: Hoskins
Vote: 8-0-0
Meeting Date: July 12, 2010
Comments:
NORTHWEST ARKANSAS
NEWSPAPER&c
Northwest Arkansas Democrat Gazette
The Morning News of Springdale _
The Morning News of Rogers PECEITED
Northwest Arkansas Times AUG 2 6 2010
Benton County Daily Record BY:
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in..Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville — Ordinance 5338
August 19, 2010
Publication Charge : $ 123.21
Signed:
Subscribed and sworn to before me
Thisa day of �.,s� , 2010.
Notary Public _ —
Jiro Mears
Washington County
Commission Number 12374647
M Commission Ex ires: Notary Public Arkansas
y p My Commission Expires Jan.20,2020
Do not pay from Affidavit, an invoice will be sent
xr
ORDINANCE NO 533
AN ORDINANCEAMENDING' TITLE XV s
w IED EVELOPINENF CODE OF THE CITY'OF
11'E�TEVIL LE CFIApTER 162 TISE UNI2S TO
ODFI'THE USES WITHIN USE'IIRT 2 CITY WIDE
IISV $
� �C�I�IDITIONAL US��
WHEREAS the City of Fa*Wtt iM liiified Development Code was,
adopted to further the health safety and general welfare of#Ile commt�ttty and tar
Pmote an orgy and appropnate:mix of]and uses,anz
1RE the uses included w Use Uwt Z sh°lldeh> `tA
dt � lc unable46,nearby �aude theieforebpe auutt subaect to
t3s�n6Hll i trios and,
s the City of Fayettenlle aclrnowledges it
onerous
tOIsP.lant�mg scion approval for=a condrtiunal use per"mrt to utilize a-
temporary con'stmchon facth}y on an approved eonsdveho"n site and;
FVHE1tEA$, the°City of Fayetteville aelcuoj5ledges>the benefit of
permtttmgb tnr�sg to uttlize a temporary,commercial Iacality op pravate g;operty
dm?�g�C°�,�gP�"4r transthonal penods `'`
MOM
� YO�THEREFORE BEI�O
OFFI'ETTE�LEa gD$ CIT'COUNCIL
z
th
SchoThat e City
none�1 of etty Rf gY akansas
heteby amends:`§162 -Me Unitb Gongfrueo�� fF�iY�tC
temporary facilities and replacmg it wtth Gammer �acilthe
N,
' SEDnd AkPROVED flus 3�".day ofAuglis �24 p� :
b
APPROVED ATTEST
� LIONIH;LD JQRDAIq,Mayof �¢��SONDRA�FS Gt Cie � � ��
