HomeMy WebLinkAboutOrdinance 5772ORDINANCE NO. 5772
AN ORDINANCE AMENDING UNIFIED DEVELOPMENT CODE §162.01
(13)(2) TO ADD "LANDSCAPE CONTRACTING BUSINESS" AS A USE
ALLOWED BY CONDITIONAL USE PERMIT IN ALL ZONING DISTRICTS.
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
Unified Development Code §162.01 (B)(2) to add "Landscape contracting business" as an
included use under "Public and private facilities."
PASSED and APPROVED this 1911, day of May, 2015.
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ATTEST:
By: A,,-,8�t.
SONDRA E. SMITH, City Clerk Tres' yrq-,!10flit,�
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M City of Fayetteville, Arkansas 113 West Mountain Street
1 Fayetteville, AR 72701
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A (479) 575-8323
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Text File
File Number: 2015-0202
Agenda Date: 5/19/2015 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 6
AMEND §162.01 (B)(2) TO ADD "LANDSCAPE CONTRACTING BUSINESS"
AN ORDINANCE AMENDING UNIFIED DEVELOPMENT CODE §162.01 (B)(2) TO ADD
"LANDSCAPE CONTRACTING BUSINESS" AS A USE ALLOWED BY CONDITIONAL USE
PERMIT IN ALL ZONING DISTRICTS
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 Unified
Development Code §162.01 (13)(2) to add "Landscape contracting business" as an included use under
"Public and private facilities."
City of Fayetteville, Arkansas Page 1 Printed on 511412015
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2015-0202
Legistar File ID
5/5/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/17/2015
Submitted Date
Action Recommendation:
Development Services /
Development Services Department
Division / Department
Approval of an ordinance amending Unified Development Code §162.01 (B)(2) to add "landscape contracting
businesses" as a use allowed by conditional use permit in all zoning districts.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
Remaining Budget $
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date: ' ►+(�� �
CITY OF
Tay
3 lile CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF MAY 05, 2015
TO: Mayor Jordan, Fayetteville City Council
THRU: Don Marr, Chief of Staff
FROM: Jeremy Pate, Development Services Director
DATE: April 14, 2015
SUBJECT: Landscape Contracting Businesses
RECOMMENDATION:
Staff recommends approval of an ordinance amending Unified Development Code §162.01 (B)(2)
to add "landscape contracting businesses" as a use allowed by conditional use permit in all zoning
districts.
BACKGROUND:
Currently landscape contracting businesses — which exist to perform services for citizens such as
mowing, trimming, mulching, landscape design/planting and irrigation installation — are not
specifically referenced in the City's chapter on use unit classifications. As such, the Zoning &
Development Administrator is charged with interpreting the use within a use unit that is closest in
type of services provided. Landscape contracting has thus been interpreted to be closest to Use
Unit 21, in which can be found a number of other types of construction contracting businesses.
However, this essentially only allows landscaping businesses to be located in our heavy
commercial/light industrial zones. However, landscape contracting businesses can vary
dramatically in their scale, impact to surrounding properties, and operations. After meeting with
applicants faced with difficulty finding properties within Fayetteville to operate a landscaping
contracting business, staff is proposing an ordinance amendment to specifically list "landscape
contracting businesses" within Use Unit 2, which are city-wide uses by conditional use permit.
Plant nurseries are already permitted within this use unit classification, and it seems to be a
natural fit for landscape contracting businesses to be afforded the opportunity to be reviewed in
a like manner.
DISCUSSION:
If added to Use Unit 2, landscape contracting businesses could then be located in any zone within
the city limits, subject to approval of a conditional use permit by the Planning Commission. The
Planning Commission, as they do with plant nurseries, would review the scale of the project, its
impact and compatibility with surrounding properties, and can set limits like hours of operation,
noise limits, screening, or reduced operations based upon the surrounding context. Staff feels
confident this process will result in creating good neighbors, and the inclusion of this business
type provides a service within the City that many citizens use on a daily basis.
BUDGET/STAFF IMPACT: N/A
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance 5772
Was inserted in the Northwest Arkansas Democrat
Gazette on:
May 28, 2015
Publication Charges: 51.88
Wj�'
Cathy Wiles
Subscribed and sworn to before me
This 3 day of�� , 2015.
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Notary Public : "' .A0
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