HomeMy WebLinkAboutOrdinance 5793OF pAY:ETTF
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5793
File Number: 2015-0355
AMEND CHAPTERS 151 AND 163
AN ORDINANCE TO AMEND CHAPTERS 151 AND 163 OF THE UNIFIED DEVELOPMENT
CODE TO MODIFY BED AND BREAKFAST DEFINITION AND USE CONDITIONS
WHEREAS, the City of Fayetteville receives few complaints regarding Bed and Breakfast
facilities; and
WHEREAS, it is typical of Bed and Breakfast facilities to serve as a venue for events; and
WHEREAS, Bed and Breakfast facilities and services are reviewed for compatibility with
surrounding neighborhoods by the Planning Commission at the time of Conditional Use
Permit issuance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That Section 163.03(A) of the Unified Development Code is repealed in its entirety
and replaced with the following language:
"§ 163.03 (A) Term
A conditional use permit for a bed and breakfast shall remain effective as long as the
Planning Commission has not received (through the Planning Department) substantiated
neighborhood complaints that would justify amendment or revocation of the conditional use
permit."
Section 2. That § 163.03(E) is repealed and replaced with the following language:
Page 1 Printed on 8128115
File Number.' 2015-0355
"Meals. Only overnight and event guests of the bed and breakfast facility may be served meals."
Section 3. That §163.03(F) is repealed and replaced with the following language:
"§ 163.03 (F) Parties/receptions
Parties, receptions and other appropriate events may be authorized by the Planning Commission as
a part of the Conditional Use with appropriate limitations of the number of authorized events per
month, number of attendees, days of the week, time periods, and other appropriate limitations to
ensure compatibility with the neighborhood."
Section 4. That the definition of `bed and breakfast facility' in Chapter 151: Definitions is repealed
and replaced with the following language:
"Bed and breakfast facility. (Zoning) A permanently owner occupied private home with a
maximum of five guest rooms furnishing temporary lodging and meals to overnight and
event guests."
PASSED and APPROVED on 8/18/2015
Attest:
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Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 8/28115
City of Fayetteville 1 F Arkansas 1West Mountain Street
Fayetteville, AR 72701
n (479) 575-8323
Text File
File Number: 2015-0355
Agenda Date: 8/18/2015 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: C. 9
AMEND CHAPTERS 151 AND 163
File Type: Ordinance
AN ORDINANCE TO AMEND CHAPTERS 151 AND 163 OF THE UNIFIED DEVELOPMENT
CODE TO MODIFY BED AND BREAKFAST DEFINITION AND USE CONDITIONS
WHEREAS, the City of Fayetteville receives few complaints regarding Bed and Breakfast facilities;
and
WHEREAS, it is typical of Bed and Breakfast facilities to serve as a venue for events; and
WHEREAS, Bed and Breakfast facilities and services are reviewed for compatibility with surrounding
neighborhoods by the Planning Commission at the time of Conditional Use Permit issuance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That Section 163.03(A) of the Unified Development Code is repealed in its entirety and
replaced with the following language:
"§ 163.03 (A) Term
A conditional use permit for a bed and breakfast shall remain effective as long as the Planning
Commission has not received (through the Planning Department) substantiated neighborhood
complaints that would justify amendment or revocation of the conditional use permit."
Section 2. That § 163.03(E) is repealed and replaced with the following language:
"Meals. Only overnight and event guests of the bed and breakfast facility may be served meals."
Section 3. That §163.03(F) is repealed and replaced with the following language:
"§ 163.03 (F) Parties/receptions
Parties, receptions and other appropriate events may be authorized by the Planning Commission as a
part of the Conditional Use with appropriate limitations of the number of authorized events per month,
number of attendees, days of the week, time periods, and other appropriate limitations to ensure
compatibility with the neighborhood."
City of Fayetteville, Arkansas Page 1 Printed on 91212015
File Number. 2015-0355
Section 4. That the definition of `bed and breakfast facility' in Chapterl51: Definitions is repealed and
replaced with the following language:
"Bed and breakfast facility. (Zoning) A permanently owner occupied private home with a maximum of
five guest rooms furnishing temporary lodging and meals to overnight and event guests."
City of Fayetteville, Arkansas Page 2 Printed on 91212015
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2015-0355
Legistar File ID
8/18/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/31/2015 City Planning/
Development Services Department
Submitted Date Division / Department
Action Recommendation:
ADM 15-5111 Administrative Item (UDC AMENDMENT CHAPTER 163.03: BED AND BREAKFAST FACILITIES AND
CHAPTER 151: DEFINITIONS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code,
Chapters 163.03 and 151. The proposal is to modify bed and breakfast facility definition and use conditions.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
Approval Date:
V20140710
CITY OF
Tay IVIC
ARKANSAS
MEETING OF AUGUST 18, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Current Planner
DATE: July 31, 2015
SUBJECT: ADM 15-5111 Administrative Item (UDC AMENDMENT CHAPTER 163.03: BED
AND BREAKFAST FACILITIES AND CHAPTER 151: DEFINITIONS): Submitted
by CITY PLANNING STAFF for revisions to the Unified Development Code,
Chapters 163.03. The proposal is to modify bed and breakfast facility definition
and use conditions.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to modify bed and
breakfast facility definition and use conditions.
BACKGROUND:
This amendment was tabled at the Planning Commission meeting of July 13, 2015 in order to
allow staff to include suggestions made by Commissioners for bed and breakfast facilities to
serve meals other than breakfast. Staff has included this recommendation in the proposed code
changes.
The ordinance regulating bed and breakfast facilities in the City has been in place for more than
twenty years. These types of facilities are defined in the Fayetteville Development Code as a
permanently owner occupied private home with a maximum of five guest rooms furnishing
temporary lodging and breakfast to paying customers' and are classified as Use Unit 2 (UU-2),
City Wide Uses by Conditional Use Permit (CUP). As such they are allowed only by CUP in all
zoning districts.
Under section 163.03, staff proposes to modify the current bed and breakfast use conditions as
shown with removals in strikeout and additions in highlight:
163.03 Bed And Breakfast Facilities
Bed and breakfast facilities shall be a
temperary-conditional use in all zoning districts
subject to the following conditions:
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701