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HomeMy WebLinkAboutOrdinance 5472 ORDINANCE NO. 5472 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE §161.27 TO MODIFY THE REAR SETBACK REQUIREMENT IN THE I-1 ZONING DISTRICT. WHEREAS, the I-1, Heavy Commercial and Light Industrial zoning district in the City of Fayetteville Unified Development Code §161.27 currently has a 25-foot rear setback for buildings adjacent to commercial, institutional, and industrial zoned properties, and does not have a setback adjacent to other zoning districts, including residential properties; and WHEREAS, it would be beneficial to clarify the rear building setback in the I-1, Heavy Commercial and Light Industrial zoning district. 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 the Unified Development Code §161.27(E)to modify the rear setback to delete the words "...when adjoining C, I, or P districts", and modify the setback from "I Oft. "to "25 ft. " PASSED and APPROVED this 20th day of December, 2011. APPROVED: ATTEST: By: By: &"- tu , L O LD JO ayor S ' NDRA E. SMITH, City Clerk `� 49t6VBPtey➢ • ° o FAYETTEVILLE•• sse;,,"/VGT0 A City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/20/2011 City Council Meeting Date Agenda Items Only Andrew Garner City Planning Submitted By Department Action Required: ADM 11-3993 Administrative Item(UDC AMENDMENT 1-1 ZONING DISTRICT)Submitted by CITY PLANNING STAFF to clarify the rear building setback in the 1-1 zoning district(UDC Section 161.27). 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 Budget Adjustment Attached ��I4w,Ci�/I{IP,• !1o1(_ Previous Ordinance or Resolution# Department rector Date Original Contract Date: i Original Contract Number: Ci orney Date ck- � .2 2411 12-01-1 1 PO4:55 RCVD Finance and Internal Services Director ate Received in City Clerk's Office Chief of S Da e Received inCK)II Mayor's Office M or Date Comments: a PVTHE CITY OF FAYETTEVILLE,ARKANSAS 1 DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: November 30, 2011 Subject: ADM 11-3993, I-1 zoning district ordinance amendment RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance amending the I-1, Heavy Commercial and Light Industrial zoning district, Unified Development Code Chapter 161.27. BACKGROUND The I-1 zoning district currently provides a 25-foot rear setback for buildings adjacent to commercial, institutional, and industrial zoned properties. However, there is not a required setback adjacent to the other zoning districts, including residential properties. This has caused confusion amongst staff and developers in determining the required rear building setback in the I-1 zoning district. The proposed change clarifies the rear building setback in the I-1 zoning district to 25 feet adjacent to all zoning districts (see attached code revision). The 25-foot setback is consistent with the rear setback in the I-2 zoning district and should provide adequate separation between industrial structures and adjacent properties. DISCUSSION On November 14, 2011 the Planning Commission voted 6-0-0 in favor of a recommendation of approval for ADM 11-3932, I-1 zoning district amendment. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE §161.27 TO MODIFY THE REAR SETBACK REQUIREMENT IN THE I-1 ZONING DISTRICT. WHEREAS, the I-1, Heavy Commercial and Light Industrial zoning district in the City of Fayetteville Unified Development Code §161.27 currently has a 25-foot rear setback for buildings adjacent to commercial, institutional, and industrial zoned properties, and does not have a setback adjacent to other zoning districts, including residential properties; and WHEREAS, it would be beneficial to clarify the rear building setback in the I-1, Heavy Commercial and Light Industrial zoning district. 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 the Unified Development Code §161.27(E)to modify the rear setback to delete the words "...when adjoining C, I, or P districts", and modify the setback from "]Oft. " to "25 ft. " PASSED and APPROVED this day of , 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk 161.27 District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses,which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses. Unit 1 Ci -wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating laces Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing LUnit Offices studios and related services Wholesale bulk petroleum storage facilities with under round stora a tanks Clean technologies (2) Conditional uses. Unit 2 Ci -wide uses b .conditional use permit Unit 19 Commercial recreation,small sites Unit 20 Commercial recreation,large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini-storage units Unit 43 Animal boarding and trainin (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front,when adjoining A or R districts 50 ft. PROPOSED CODE CHANGE Front,when adjoining C, I,or P districts 25 ft. Side,when adjoining A or R districts 50 ft. =ear, 11 -1 -----0/regulations. There shall e no maximumeig limits in 1-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. (G) Building area. None. (Code 1965,App.A.,Art.5(VIII);Ord.No.2351,6-2-77;Ord.No.2430,3-21-78;Ord.No.2516,4-3-79;Ord.No.1747,6-29-70; Code 1991,§160.039;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4992,3-06-07;Ord.5028,6-19-07;Ord. 5195,11-6-08;Ord.5312,4-20-10;Ord.5339,8-3-10;Ord.5353,9-7-10) 161.28 District 1-2, General Industrial (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances,which are objectionable to residential and business use. (B) Uses. (1) Permitted uses. Unit 1 Ci -wide uses by right Unit 3 Public protection and utility facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 20 Commercial recreation,large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 25 Offices,studios,and related services Unit 28 Center for collecting recyclable materials Unit 42 Clean technologies Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 31 Facilities emitting odors and facilities handling explosives. Unit 36 Wireless communications facilities Unit 38 Mini-storage Units Unit 39 Auto salvage and junk yards (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts 100 ft. Front,when adjoining C,I or P districts 50 ft. Side,when adjoining A or R districts 50 ft. Side,when adjoining C, I or P districts 25 ft. Rear 25 ft. (F) Height regulations. There shall be no maximum height limits in 1-2 Districts, provided, however, that any building which exceeds the height of 25 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. (G) Building area. None. (Code 1965,App.A.,Art.5(IX);Ord. No.2351,6-21-77;Ord. No.2516,4-3-79;Ord. No. 1747,6-29-70; Code 1991,§160.040; Ord.No.3971,§2,5-21-96;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No,4178,8-31-99;Ord.4992,3-06-07;Ord.5028,6-19-07; Ord.5195, 11-6-08;Ord.5312,4-20-10;Ord.5339,8-3-10;Ord.5353,9-7-10) Tayve 31�le ARKANSAS PC Meeting of November 28, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain AR 7270101 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: ' 29-,2414 Updated November 30, 2011 ADM 11-3993 Administrative Item (UDC AMENDMENT I-1 ZONING DISTRICT) Submitted by CITY PLANNING STAFF to clarify the rear building setback in the I-1 zoning district(UDC Section 161.27). Planner: Andrew Garner BACKGROUND The I-1 zoning district currently provides a 25-foot rear setback for buildings adjacent to commercial, institutional, and industrial zoned properties. However, there is not a required setback adjacent to the other zoning districts, including residential properties. This has caused confusion amongst staff and developers in determining the required rear building setback in the I-1 zoning district. PROPOSAL The proposed change clarifies the rear building setback in the I-1 zoning district to 25 feet adjacent to all zoning districts (see attached code revision). The 25-foot setback is consistent with the rear setback in the I-2 zoning district and should provide adequate separation between industrial structures and adjacent properties. RECOMMENDATION Staff recommends that the Planning Commission forward ADM 11-3993 to the City Council with a recommendation for approval. Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Motion: Griffin Second: Cook Vote: 6-0-0 Meeting Date: November 28, 2011 i NORTHWEST ARKANSAS DEMOCRAT-GAZE17E NORT�ST AR�SAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS SPAPER�S LL NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD i 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 479.442-1700 1 WWW.NWANEWS.COM RECEIVEum AFFIDAVIT OF PUBLICATION JAN 11 2012 CITY OF FAYETTEVILLE I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY CLERK'S OFFICE Northwest Arkansas Newspapers, LLC, printed and published in 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- City of Fayetteville Ordinance 5472 ORDINANCE NO.5472 AN ORDINANCE AMENDING TITLE`XV: UNIFIED;- Was inserted in the Regular Editions on: DEVELOPMENT CODE OF THE, CITY`OF PF�YE3TTEVjLLE §161 27 TOF MODIFY THE REAR January 5, 2012 SETB/YK REQUIREMENT I THE 11' ZONING DISTRfCT Yr�e: ¢ARKANS WHEREAS the I1 Heavy Qommercal:'and Ught` in%strialc 199-,distr�cin the City of Fayetteville Unified Di3velopj neCode§161.27 cur, rently his a 25 foot rear seipack for buildings adjacento cotlmercial nsttutional,and intlustralioned properties andfdoes not have a sethaKadlcent to otherzonmg districts, Publication Charges: $ 58.36 includirfig residentiahproperves and WHEREApjjt#doiq be beneficial to clarify the tear< ulidingaEback til the I,aHeavy; Commercfai afid IJ ht Intlustnatzohing district. r 4, NOWT�HERBFORE BE IT Oi bAlNEDABY TH6 CITY C0'NCIL OST E CITY,OF PAYETTEVILLE,ARKANSAS 04 Section 1 That the CIty Council of the City:of Fayetteville Arkansas fiereby amends the ' UnifiedDevelopinnT Code§161 27(E)to modify the rear setback,to delete the words:- (� w enFad/o nni "and`modify the setback from 10 ft"to.G25 ft." `I I ,PASSE113,460"APPROVED this 20th day of;December 201, I�IVI//Vn' APPROt7E0 ATTEST:' l IONELD JORpAN Mayor ONDRA E SMITH City Clerk/jreasurer Cathy Wiles s „ Subsc ibed and s mto before me This& day o , 2012. Notary Public My Commission Expires: SANDRA E,SCHACHERBAUER BENTCNCO WNTY NO Pus ARKANSAS MY Commisalnn jrP�tpe9 Aprfl is,2017 C0mmi9si6n N6,t2W0121 **NOTE** Please do not pay from Affidavit. Invoice will be sent,