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HomeMy WebLinkAboutOrdinance 5435 ORDINANCE NO. 5435 AN ORDINANCE TO AMEND §172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE, TABLE 3 PARKING RATIOS TO CLARIFY THAT SPACES AT GASOLINE PUMP ISLANDS MAY BE COUNTED AS PARKING SPACES WHEREAS, Table 3 Parking Ratios for gasoline stations and for gasoline stations with a convenience store seems to require that each place at the pump where a motorist can fill his or her car must count as a parking space when figuring out the total number of allowed parking spaces a gasoline station may have; and WHEREAS, such a requirement ignores the real world use of those fueling locations at the pumps which are mainly occupied only during fueling and not for extended parking; and WHEREAS, self-serve gas stations are often manned by a single employee which would prohibit even two double-sided pump islands to be built; and WHEREAS, owners of convenience stores should not have to count the fuel pumping stations as parking spaces which could often result in few, if any, actual parking spaces allowed at the convenience stare building and a dangerous, stacking problem behind the fueling positions at the pumps which would have to be used by customers desiring to shop at the convenience store. 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 Table 3 Parking Ratios for Retail Fuel Sales With Convenience Stores and Retail Fuel Sales Only by repealing the current language in its entirety and enacting the following replacement language. Page 2 Ordinance No. 5435 Table 3—Parking Ratios Retail Fuel Sales With Convenience Stores 1 per 250 square feet of retail floor area. Owner may count spaces at pump islands as parking spaces. Retail Fuel Sales Only 1 per employee. Owner may count spaces at pump islands as parking spaces. PASSED and APPROVED this 16th day of August, 2011. APPROVED: ATTEST: By: �-�� By: ;Z�L ' & IO ELD JO , Mayor SONbRA E. SMITH, City Clerk/Treasurer X1111 Mry ``tt�G�•�a••r •y rfrf r FAYETTEVILLE: r�����V!I F I I R 15`l����� AGENDA REQUEST FOR: COUNCIL MEETING OF AUGUST 16, 2011 FROM: ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §172.05 Standards For The Number Of Spaces By Use, Table 3 Parking Ratios To Clarify That Spaces At Gasoline Pump Islands May Be Counted As Parking Spaces APPROVED FOR AGENDA: Bobby Ferrell Date Alderman City Attorney Date (as to form) i 7aye Uei e Departmental Correspondence S LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley City Council Assistant City Attorney CC: Jeremy Pate, Development Services Director Andrew Garner, Senior Planner— Current Planning FROM: Kit Williams, City Attorney DATE: July 29, 2011 RE: Parking ratios for gas stations with and without a convenience store Alderman Bobby Ferrell asked that I draft an ordinance to allow the developer or owner to decide whether or not to include fueling positions at a gas station with a convenience store to count as parking spaces. Without such an amendment, all fueling positions would count as parking spaces. This could lead to unfortunate, unintended consequences in the real world. For example a small convenience store with several gas pumps might not be allowed any actual parking spaces for customers or employees. At busy fueling times customers wishing to gas up would have to line up and wait for customers shopping inside. Customers would be frustrated and the convenience/gas station would lose business. A convenience store would, in fact, be disadvantaged because it had fueling stations. A gas station without a convenience store would be in even worse shape. Most such gas stations are now built with many self-service gas pumps with only a single employee on duty for the entire fueling station. The current ordinance only allows three parking spaces and requires each fueling position to count as a parking space. Thus instead of the sixteen fueling positions which are used at the gas station at Sam's Club (with only a single employee supervising them), a gas station could have only three fueling positions (one double-sided pump and one single-sided pump). This is not the modern and efficient design of a gas station. Alderman Ferrell's proposal would bring much needed flexibility and the recognition of how modern gas stations operate for increased efficiency. It recognizes that fueling positions at gas pumps are rarely used for actual parking spaces at convenience store gas stations and virtually never at a gas station without a convenience store. ORDINANCE NO. AN ORDINANCE TO AMEND §172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE, TABLE 3 PARKING RATIOS TO CLARIFY THAT SPACES AT GASOLINE PUMP ISLANDS MAY BE COUNTED AS PARKING SPACES WHEREAS, Table 3 Parking Ratios for gasoline stations and for gasoline stations with a convenience store seems to require that each place at the pump where a motorist can fill his or her car must count as a parking space when figuring out the total number of allowed parking spaces a gasoline station may have; and WHEREAS, such a requirement ignores the real world use of those fueling locations at the pumps which are mainly occupied only during fueling and not for extended parking; and WHEREAS, self-serve gas stations are often manned by a single employee which would prohibit even two double-sided pump islands to be built; and WHEREAS, owners of convenience stores should not have to count the fuel pumping stations as parking spaces which could often result in few, if any, actual parking spaces allowed at the convenience store building and a dangerous, stacking problem behind the fueling positions at the pumps which would have to be used by customers desiring to shop at the convenience store. 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 Table 3 Parking Ratios for Retail Fuel Sales With Convenience Stores and Retail Fuel Sales Only by repealing the current language in its entirety and enacting the following replacement language. Table 3—Parking Ratios Retail Fuel Sales With Convenience Stores 1 per 250 square feet of retail floor area. Owner may count spaces at pump islands as parking spaces. Retail Fuel Sales Only 1 per employee; spaces at pump islands shall not count as parking spaces PASSED and APPROVED this 161h day of August, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer v� 1ALA.) TITLE XV. UNIFIED'DEVELOPMENT CODE (iii) Aisles shall conform to the E(A) quired parking. dimensional requirements of §172.04(C). Required number of spaces. A proposed use shall conform to thestablished parking ratios (c) Waivers. Development proposals whichlisted in Table 3. The minimum num er o do not meet these standards may apply ces require or a use not specifically for waiver from these requirements included in this section shall be as required for subject to Planning Commission approval. the most similar use listed or as otherwise determined by the Planning Division utilizing Parking Lots With 9 Spaces or More reference standards For all parking space Driveway Dimensional requirements resulting in a fraction, the Requirement fraction shall be: 12' Minimum—16' (a) rounded to the next higher whole number One Way Access Maximum when the fraction is 0.5 or higher. 2 Drive Lanes 10' Minimum Each —24' (b) rounded to the next lower whole number Maximum Total when the fraction is less than 0.5. Two Way Access Driveway Width Collector/Arterial 3 Drive Lanes- (2) Change of use - existing structure. A change Streets Maximum of 39' of use in an existing structure may be Curb Radius-Local 15' permitted if the use adequately meets the Curb Radius- minimum parking ratio standards herein. A Collector/Arterial 20' change of use shall not be penalized for existing parking spaces that exceed the (G) Hillside/Hilltop Overlay District. required parking ratios included in this chapter. (1) Separation of Parking Pads in Multi-Family, (3) Change of use— waiver. In Downtown Core, and Non-Residential Development. Parking Main Street Center, and Downtown General pads shall be separated by a minimum zoning districts, parking requirements are undisturbed area of 15 feet between parking waived for any existing structure with a change pads. Streets and access drives are permitted of use. New construction, razed buildings or to cross this undisturbed area. enlarged buildings shall conform to the parking requirements of the City of Fayetteville. For (2) Cut and Fill Slopes. Parking pads should be enlarged buildings, additional parking spaces encouraged to utilize cut slopes with retaining will be calculated by the amount of square walls to minimize disturbance. footage that is added. (3) Maximum number of spaces per parking lot for (4) Building footprint — waiver. In DowntownCore, Main Street Center and Downtown multi-family and non-residential uses, Parking General zoning districts, parking requirements pads shall have a maximum of 30 spaces per pad, are waived for the square footage "footprint" of any building which existed and has been (4) Parking lot location. Parking lots shall be set removed since October 1, 1995, in order to back with a minimum of 35' of undisturbed rebuild. area required adjacent to the street right-of (5) Downtown Core, Main Street Center, and way. Downtown General Zoning Districts accessory (5) Multifamily and non-residential uses. Outdoor use areas-Accessory outdoor patios, Developers of multi-family and non-residential balconies, decks, and other similar outdoor uses in the Hillside Overlay District are use areas for restaurants and bars shall be encouraged to refer to the Hillside Best exempt from meeting off-street parking Management Practices Manual for guidance requirements in the Downtown Core, Main and direction in the design of their project. Street Center, and Downtown General zoning districts. (Ord 4725, 7-19-05; Ord. No. 4855, 4-18-06; Ord. No, 4917, TABLE 3 9-05-06; Ord. 5044, 8-07-07; Ord. 5079, 11-20-07; Ord. 5297, 12-15-09) PARKING RATIOS V 1 (Use/Required Spaces) 172.05 Standards For The Number Of V Spaces By Use Residential rr Single-family.duplex,triplex 2 er dweilin unit CD172:7 Fayetteville Code of Ordinances ILMulli-f9mlly or townhouse 1 1 per bedroom 1 reserved for each vehicle used in connection with the Commercial business Agricultural supply 1 per 500 sq.ft.of GFA [Hos vernment facilities 1 per 500 square feet of Amusement 1 per 200 sq.ft.of GFA floor area Auditorium 1 per 4 seats ital 1 per bed Auto/motorcycle service 4 per each Convalescent home 1 per bed stations enclosed service bay School--elementary and 1 per employee plus 1 space Bank 1 per 200 sq.ft.of GFA unior high per classroom Barber or beauty shop 2 per chair School--senior high 1 per employee plus 1 per 3 Building/home improvement 1 per 500 sq.ft.of GFA students based on design supply capacity,or 1 per 6 seats in Coin-operated laundU 1 per 3 machines auditorium or other places of assembly,whichever is Dry cleaning 1 per 300 sq.ft.of retail area greater and 1 per em to ee Zoo 1 per 2,000 sq.ft.of land Hotels and motels 1 per guest room,plus 75% area of spaces required for All other public and accessory uses. institutional uses(only 1 per 4 occupants Furniture and car et store 1 per 500 sq-ft.of GFA auditorium space shall be Plant nursery 1 per 1,000 sq,ft of counted for churches, indoor/outdoor retail area auditoriums,or group 1 per 100 sq.ft.GFA plus 4' occupancy space) Restaurants stacking spaces per drive- thru window. Manufacturin !Industrial �V * Retail 1 per 250 s .ff.of GFA i� 1 per 200 sq.ft.of retail F Retail fuel sales with spaces at pump islands aree Manufacturing one per employee,1 per 1,200 sq.ft.of GFA or whichever is reater convenience stores counted toward this Heav industrial 1 per 1,200 s .ft.of GFA r equirement Extractive uses Adequate for all employees, ployee; trucks,and a ui ment Retail fuel sales only p islands ared this Recreational Uses Amusement park,miniature 1 per 1,000 sq.ft of site Office golf area Medical/Dental office 1 1 per 250 sq.ft.of GFA BowlingaIle 6 er lane Professional office 1 per 300 sq.ft.of GFA Commercial recreation 1 per 200 sq-ft.of GFA Sales office 1 er 200 sq.ft.of GFA Commercial recreation-large 1 per 1,000 sq,ft.of site sites sarea Public and Institutional Uses Dance hall,bar or tavern 1 per 50 sq ft.of GFA, Nonprofit Commercial excludinq kitchen Golf course 3 per hole Art aIle ,library,museum 1 per 1,000 sq. ft.of GFA Golf driving range 1 per tee box 1 per 4 seats,provided only Health club, m 1 per 150 sq.ft.of GFA Auditorium auditorium space is counted in determining parking Regional or community park 2 per acre of active and assaccessible passive space 1 per employee plus on-site Nei hborhood ark None Child care center,nursery loading and unloading school spaces at a rate of 1 per 10 Private club or lodge 1 per 500 sq.ft. of GFA or 1 per 3 occupants based on children accommodated p p 1 per 4 seats in the main the current adopted Church/religious institution auditorium or 1 per 40 sq ft. Standard Building Code of assembly area,whichever whichever is greater provides mores aces Riding stable 1 per acre;not required to College auditorium 1 per 4 seats be paved Colle e dormitory1 per slee in room Tennis court 2 per court College or university 1 per 500 sq.ft.of Theater 1 per 4 seats classroom area All other recreational uses 1 per 4 occupants Community center 1 per 250 sq.ft.of GFA Cooperative housing 1 per 2 occupants Warehousing and Wholesale Convalescent home, 1 per 2 beds Warehousing 1 per 2,000 sq.ft.of GFA assisted living,nursing Wholesale 1 per 1,000 sq.ft.of GFA LrFuneral Center for collecting 1 per 1,000 sq.ft. of GFA me 1 per 1,500 sq,ft.of GFA rec cled materials Housing 1 per 2 units s 1 per 4 seats in main chapel lus 1 er 2 em to ees lus C D 172:8 NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTfMSTARKANSAS THE MORNING NEWS W S OF ERS THE MORNING NEWS OF ROGERS PqEWS'DAINORTHWEST ARKANSAS TIMES E LLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.60X 1607, 72702 1479-442-1700 ( WWW.NWANEWS.COM RECEIVED AFFIDAVIT OF PUBLICATION SEP 0'9 2011 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY OF FAYETTEVILLE Northwest Arkansas Newspapers, LLC, printed and published in CITY CLERK'S OFFICE Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: OFDfNANCE NO.5435 AN ORDINANCE TO AMEND §172 05 City Of Fayetteville STA ES BY USE-� ABLEPpRKING RATIOS TO � Ordinance 5435 CLARIFY TASp10ES AT GASOLINE PUMP-�.ISIAt�DS BE-COUNTEp AS neKgNi, PARKING SPACES Was inserted in the Regular Editions on: ��� SAS P:- WHEREAS Table 3 Parking Ratios for gasoline stations and for gasoline stations September 1, 2011 with a convernence store seems to requird1hat each place*fat the pump where a md6r,Isi n°fill"Fiis'of tier car'must couni as a parking space-uhen figuring out the' total number of allowed parking spaces`,a gasoline station"may have=and Oma. WHEREAS such a r�uirement ignores 4he real w6frd use of those fueling Iooations t the pumps`wice mainly occupied only dunng fueling and not for extended Publication Charges: $142.67 �. parking ands 13 '10 s r WHEREAS, If""- gas'stations are often manned by a single employee wliicl. would prohibit even two double-sided pump islands to be=biit*and, r. WHEREAS, owners of convenience stores should not",Have-to-=count the fuel- pulping stations, p rking spaces wi%ibh could<often result in feiv if any actual; parkmg'spaces al1wed at,,,the convenience stdre building and a>dangerous; stacking problem LSehlnd the fueling positions at th61,100mos high would have to Cathy Wiles be used by customers desiring to shop atthe 6on3eniencestore � NOW,THEREFORE BE IT ORDAINED BYTHE-CITY COUNCIL OF THE CITY:DF FAYETTEVILLE,ARKANSAS:' Section=l .That.3f 06if Council of the City,,_' Fayetteville Arkansas hereby amends Fable 3 Parking,Ratios for Retail Fuel Sales With Conven(ence Stores and Subscribed and SWOTn t0 before me Retail Fuel Sales Only by repealing the current language Inds entirety and enacting the folld rg replacement language Thisk day of,8_tpA-,� � 2011. `Table 3 `Park�ngol�at�cs a�% Retail-Fuel Salee-With Convernence 1 per50 squar6 feet of retail floor'; 0Stores '' area... :Owner may.countspacesµ:at, rNh, pump islands as parking spaces .,� Retail Fuel Sales,Only., 1-per employee:` Owner jrigy count:; Notary Publicspaces at pump lslsnds as parking Zoog My Commission Expires: PASSEDari'd APPROVED this 16th day of August,?2011. APPROVED. ` ATTEST: By:. By: .LIONELD JORDAN,Mayor, SONDRA E.SMITH,City CWk/Treasurer , **NOTE* Please do not pay from Affidavit. Invoice will be sent.