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Home My WebLink AboutOrdinance 5353 ORDINANCE NO. 5353 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, CHAPTER 161: ZONING REGULATIONS TO PERMIT USE UNIT 43, ANIMAL BOARDING AND TRAINING, IN CERTAIN SITUATIONS IN COMMERCIAL, INDUSTRIAL, MIXED USE, AND RESIDENTIAL-AGRICULTURAL ZONING DISTRICTS. WHEREAS,the City Council previously approved Ordinance 5238 to allow animal daycare, animal boarding, kennels, and to permit these uses in various intensities depending on the zoning and land uses; and WHEREAS,the City of Fayetteville removed these previously approved uses from Chapter 161: Zoning Regulations in error with the adoption of Ordinance 5312; 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 §161.28(B)(1)General Industrial to add Unit 43: Animal boarding and training to the list of permitted uses. Section 2.That the City Council of the City of Fayetteville,Arkansas hereby amends §161.20(B)(2)Thoroughfare Commercial, §161.21(B)(2)Urban Thoroughfare, and §161.27(B)(2) Heavy Commercial/Light Industrial to add Unit 43: Animal boarding and training to the list of conditional uses. PASSED and APPROVED this the 7t'day of September,2010. APPROVED: ATTEST: By: By: O LD JO ,Mayor SOIWAFA E. SMITH,City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/7/2010 City Council Meeting Date Agenda Items Only Dara Sanders City Planning Development Services Submitted By Division Department Action Required: City Council approval of an ordinance amendment to correct an administrative error associated with the previous ordinance amendments to adopt Use Unit 43, Animal boarding and training (ADM 09-3235)and new form-based zoning districts(ADM 09-3502). n/a Historic Preservation Cost of this request Category/Project Budget Program Category/Project Name 1010.6300.5304.00 n/a Travel,Training, Public Education Account Number Funds Used to Date Program/Project Category Name 06024.0901 n/a General Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Department rector Date �j Original Contract Date: Original Contract Number: City Attorney Date l CT 01.2 FinanLe and Internal Services Director Date Received in City 08—2 0—1 0 P 0 3 :4 5 R C V D Clerk's Office " / , h o Sta Date Q E� Received in r2 j Mayor's Office a r Date Comments: Revised January 15,2009 • Ta7yclpv, 1Ille THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate,Development Services Director From: Dara Sanders, Current Planner Date: August 19,2010 Subject: Use Unit 43,Animal boarding and training RECOMMENDATION Staff recommends approval of an ordinance to correct an administrative error associated with the previous ordinance amendments to adopt Use Unit 43, Animal boarding and training (ADM 09-3235) and new form-based zoning districts(ADM 09-3502). BACKGROUND In May of 2009, the City Council approved an ordinance (ADM 09-3235) to adopt Use Unit 43, Animal boarding and training, as a permitted use in the R-A, Residential Agricultural, and I-2, Heavy Industrial zoning districts and as a conditional use in the C-2, Thoroughfare Commercial, and I-1, Light Industrial zoning districts. These ordinance revisions were codified and published in July of 2009. During the time of this amendment, planning staff was also developing a proposal to adopt new form-based zoning districts and inadvertently did not include Use Unit 43 in the zoning districts that were adopted by exhibit with the form-based code amendments. The oversight was found by planning staff upon review of the quarterly publication of all code amendments by the City Clerk's office. Staff proposes to include Use Unit 43 in the R-A, Residential Agricultural, and I-2, Heavy Industrial zoning districts as a permitted use and in the C-2, Thoroughfare Commercial, and I-1, Light Industrial zoning districts as a conditional use, as previously approved with ADM 09-3235. Staff also proposes to include Use Unit 43 in the UT, Urban Thoroughfare, zoning district as a conditional use, finding that this zoning district is the form- based equivalent of C-2. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, CHAPTER 161: ZONING REGULATIONS TO PERMIT USE UNIT 43, ANIMAL BOARDING AND TRAINING, IN CERTAIN SITUATIONS IN COMMERCIAL, INDUSTRIAL, MIXED USE, AND RESIDENTIAL-AGRICULTURAL ZONING DISTRICTS. WHEREAS, the City Council previously approved Ordinance 5238 to allow animal daycare, animal boarding,kennels, and to permit these uses in various intensities depending on the zoning and land uses; and WHEREAS,the City of Fayetteville removed these previously approved uses from Chapter 161: Zoning Regulations in error with the adoption of Ordinance 5312; 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 §161.28(B)(1) General Industrial to add Unit 43: Animal boarding and training to the list of permitted uses. Section 2. That the City Council of the City of Fayetteville,Arkansas hereby amends §161.20(B)(2)Thoroughfare Commercial, §161.21(B)(2)Urban Thoroughfare, and §161.27(B)(2) Heavy Commercial/Light Industrial to add Unit 43: Animal boarding and training to the list of conditional uses. PASSED and APPROVED this the 7t'day of September, 2010. APPROVED: By: LIONELD JORDAN,Mayor ATTEST: By: SONDRA SMITH, City Clerk 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 Iand 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 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 (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. �Q4tt�tFfFPF7YFjj PASSED and APPROVED this the 5th day of May,2009. ��S $mow ►Vo ate.. o FAYETFEVILLE; APPROVEYIG(NELDJ0 ATTEST: .414 TO ✓s�y� aa�me'°QV``� °o MGTO19 s ByBy: <A Lc 1v� ,Mayor SO RA E.SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS NEWSPAPERS= Northwest Arkansas Democrat Gazette RECEIVED The Morning News of Springdale OCT 01 2010 The Morning News of Rogers CITY OF FAYETTEVILLE Northwest Arkansas Times CITY CLERK'S OFFICE Benton County Daily Record 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 No 5353 September 16, 2010 Publication Charge : $ 116.73 r Signed: ------- _ ------ Subscribed and orn to before me ThisZ� day of 2010. Notary Public -- JOSt4UA M LYiVC+N�``M Notary PuOlfc-Arkansos Washington Countv My Commission Expires: �E'I My Commission Expires 10-28-20;6 COmmis$I0n �`i�' 1236641 4 Do not pay from Affidavit, an invoice will be sent i ORDINANCE NO.5353 AN ORDINANCE AMENDING lFayeV UNIFIEDTITLE DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, Q\V CHAPTER 161: ZONING REGULATIONS TO PERMIT USE UNIT 43, ANIMAL BOARDING AND TRAINING,IN CERTAIN SITUATIONS IN COMMERCIAL, INDUSTRIAL, MIXED USE, AND, RESIDENTIAL-AGRICULTURAL ZONING DISTRICTS. WHEREAS,the City Council previously approved Ordinance 5239 to allow animal daycare,animal boarding,kennels,and to permit these uses in various intensities depending on the zoning and land uses;and WHEREAS,the City of Fayetteville removed these previously approved uses from.Chapter 161:Zoning Regulations in error with the adoption of Ordinance 5312; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1.That the City Council of the Cityof Fayetteville,Arkansas hereby amends§161.28(B)(1)General Industrial to add Unit 43:Animal boarding and training to the list of permitted uses. Section 2.That the City Council of the City of Fayetteville,Arkansas hereby amends§161.20(B)(2)Thoroughfare Commercial,§161.21(B)(2)Urban Thoroughfare,and§161.27(B)(2)Heavy Commercial/Light Industrial to add Unit 43:Animal boarding and training to the list of conditional uses. PASSED and APPROVED this the 71"day of September,2010. APPROVED: ATTEST: By: By. LIONFLD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer