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
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FAYETTEVILLE:
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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.