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 That Section 163.03(A) of the Unified Development Code is repealed in its entirety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 That § 163.03(E) is repealed and replaced with the following language: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 That §163.03(F) is repealed and replaced with the following language: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 That the definition of `bed and breakfast facility' in Chapter 151: Definitions is repealed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:
IM -4" L , 49" —
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
(B) Lot size. Where When a new structure is
constructed, the lot on which the bed and
breakfast facility is located must comply with
the minimum lot size for the zoning district in
which the property is located.
(C) Parking. One off-street parking space per
guest room shall be required; provided,
Planning Commission may allow the use of
on -street the parking to meet this requirement
upon a determination by the Planning
Commission that traffic safety will not be
impaired. The parking of motor vehicles may
be stacked in a driveway with the owner of the
bed and breakfast facility being responsible for
the handling of ingress and egress.
(D) Length of stay. The maximum length of stay
of any one guest at a bed and breakfast facility
shall be 14 days.
(E) Meals. The only meal which ch Breakfast, lunch,
and dinner may be served at a bed and
breakfast facility shah, ll—be—breast. Only
guests of the bed and breakfast facility may be
served breakfast meals.
(F) Parties/receptions. No parties or receptions
shall be allowed at a bed and breakfast facility.
The Planning Commission may allow parties
or receptions. Events may be limited as a
condition of approval.
(G) Inspection. Before a conditional use permit is
issued for a bed and breakfast facility, the
building must be inspected by the fire
inspector and/or building inspector to assure
compliance with the Arkansas State Fire Code
and to assure that no significant safety hazard
exists. No conditional use permit shall be
issued for a bed and breakfast facility if the
building does not pass the inspection.
(Code 1991, §160.095; Ord. No. 4100, §2 (Ex.
A), 6-16-98)
In Chapter 151, under the definition of 'Bed and Breakfast Facility' staff proposes to change the
word `breakfast' to `meals', as shown below.
Bed and breakfast facility. (Zoning) A
permanently owner occupied private home
with a maximum of five guest rooms
furnishing temporary lodging and breakfast
meals to paying customers overnight and
event guests.
Staff is not aware of any complaints about negative impacts from a bed and breakfast facility, nor
has staff received requests for or provided the renewals required by ordinance.
DISCUSSION:
Staff feels that the existing ordinance is unnecessarily restrictive and that it discourages a small
business type common in many cities. The provisions of the ordinance are redundant to the
CUP process, and remove some of the judgment and flexibility that the CUP process, staff
review, and ultimate Planning Commission decision are intended to provide.
Staff proposes to remove the annual renewal finding it unnecessary because any business
operating under CUP must comply with all conditions as applied by the Planning Commission,
including but not limited to hours of operation. Staff also proposes to remove the clause
forbidding parties and receptions and service of meals other than breakfast. It is staffs opinion
that parties or receptions should be evaluated within the typical CUP process and limited with
conditions if necessary. If parties and receptions are a primary use of the facility it would also be
classified as Use Unit 4, Cultural and Recreational Facilities, and could be approved by the
Planning Commission as part of the overall CUP. Parties and receptions are commonly held at
bed and breakfast facilities and the current restriction limits the viability of this type of business
in Fayetteville.
If a business if found to be out of compliance with the conditions of the CUP, then that permit is
subject to revocation.
On July 27, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 9-0-0.
BUDGET/STAFF IMPACT:
None
Attachments:
• CC ordinance
• July 27, 2015 Planning Commission staff report.
CITY OF
rave itvii1e
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
Fayetteville Planning Commission
Andrew Garner, City Planning Director
Quin Thompson, Current Planner
drr9y-21; j UPDATED JULY 30, 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 recommends that the Planning Commission forward ADM 15-5111 to the City Council with
a recommendation for approval.
BACKGROUND:
This amendment was tabled at the Planning Commission meeting of July 13, 2015 in order to
be able 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 163.04, staff proposes to modify the bed and breakfast use conditions as follows:
1. Every bed and breakfast facility is required to renew the CUP annually, and that the
renewal may be granted by staff if there are no complaints from neighborhood residents
about the operating hours of the business. If complaints are received, then the bed and
breakfast operator must apply to the Planning Commission for a new CUP.
2. The ordinance forbids parties or receptions at bed and breakfast facilities.
3. The ordinance forbids meals be served other than breakfast.
In section 151, staff proposes to change the word `breakfast' to `meals', as shown below,
Mailing Address: Planning Commission
113 W. Mountain Street www.fgtg�,tl¢v��-r.gov
Fayetteville, AIR 72701 Agenda Item 3
15-5111 Bed & Breakfast
Page 1 of 5
Bed and breakfast facility. (Zoning) A permanently owner occupied private home with a maximum of five guest
rooms furnishing temporary lodging and breakfast meals to paying customers.
Staff is not aware of any complaints about negative impacts from a bed and breakfast facility,
nor has staff received requests for or provided the renewals required by ordinance.
DISCUSSION: Staff feels that the existing ordinance is. unnecessarily restrictive and that it
discourages a small business type common in many cities. The provisions of the ordinance are
redundant to the CUP process, and remove some of the judgment and flexibility that the CUP
process, staff review, and ultimate Planning Commission decision are intended to provide.
Staff proposes to remove the annual renewal finding it unnecessary because any business
operating under CUP must comply with all conditions as applied by the Planning Commission,
including but not limited to hours of operation. Staff also proposes to remove the clause
forbidding parties and receptions and service of meals other than breakfast. It is staff's opinion
that parties or receptionsshould be evaluated within the typical CUP process and limited with
conditions if necessary. If parties and receptions are a primary use of the facility it would also be
classified as Use Unit 4, Cultural and Recreational Facilities, and could be approved by the
Planning Commission as part of the overall CUP. Parties and receptions are commonly held at
bed and breakfast facilities and the current restriction limits the viability of this type of business
in Fayetteville.
If a business if found to be out of compliance with the conditions of the CUP, then that permit is
subject to revocation.
PLANNING COMMISSION ACTION: ❑ Approved ❑ Denied X Forward
Date: July 27, 2015
Motion: COOK Vote: -0-0
Second: HOFFMAN
Note: RECOMMEND APPROVAL PROPOSED BY STAFF
BUDGET/STAFF IMPACT:
None
Attachments:
• The proposed code changes to UDC Chapter 163.03 (Bed and Breakfast Facilities) and
Chapter 151 (Definitions) are shown in strikeout -highlight.
• Planning Commission
G:\ETC\Development Services Review\2015\Development Review\15-5111 ADM UDC Ch 163 July 27, 2015
Amend (B&B Ord.)\03 Planning Commission\07-27-2015\Comments and Redlines Agenda Item 3
15-5111 Bed & Breakfast
Page 2 of 5
PROPOSED UDC 163.03
163.03 Bed And Breakfast Facilities
Bed and breakfast facilities shall be a
temporary conditional use in all zoning districts
subject to the following conditions:
(A) Term A conditional use permit for a bed and
breakfast facility shall be effective for one
year. After approval of a conditional use
permit the Planning Commission,- the
applicant miist—ctain- a- oertfcate of
i
occupancy from the Planning Division and
Building Safety Division before the facility
begins operation. If no complaints regarding
thene times+ required to be considered by the
Planning Commission prior to the issuance of
a conditional use permit as described in
§163.02 are received by the Planning Division
fromneighborhoodresidents, thePlanning
Division —may —issue a renewal certificate of
occupancy annually, subject to tho inspection
requirements of subsection (G) below. If such
complaints are received the owner or operator
of the bed and breakfast facility must apply to
the planning Commission for —a ► ew
conthtional use.
(B) Lot size. Where When a new structure is
constructed, the lot on which the bed and
breakfast facility is located must comply with
the minimum lot size for the zoning district in
which the property is located.
(C) Parking. One off-street parking space per
guest room shall be required; provided,
Planning Commission may allow the use of
on -street the parking to meet this requirement
upon a determination by the Planning
Commission that traffic safety will not be
impaired. The parking of motor vehicles may
be stacked in a driveway with the owner of the
bed and breakfast facility being responsible for
the handling of ingress and egress.
(D) Length of stay. The maximum length of stay
of any one guest at a bed and breakfast facility
shall be 14 days.
Planning Commission
July 27, 2015
Agenda Item 3
15-5111 Bed & Breakfast
Page 3 of 5
PROPOSED UDC 163.03
(E) Meals. The only meal which Breakfast, lunch,
and dinner may be served at a bed and
breakfast facility shall be breakfast. Only
guests of the bed and breakfast facility may be
served breakfast meals.
(F) Parties/receptions. No parties or receptions
shall be allowed at a bed and breakfast facility.
The Planning Commission may allow parties
or receptions. Events may be limited as a
condition of approval.
(G) Inspection. Before a conditional use permit is
issued for a bed and breakfast facility, the
building must be inspected by the fire
inspector and/or building inspector to assure
compliance with the Arkansas State Fire Code
and to assure that no significant safety hazard
exists. No conditional use permit shall be
issued for a bed and breakfast facility if the
building does not pass the inspection.
(Code 1991, §160.095; Ord. No. 4100, §2 (Ex.
A), 6-16-98)
Planning Commission
July 27, 2015
Agenda Item 3
15-5111 Bed & Breakfast
Page 4 of 5
PROPOSED UDC CHAPTER 151
Bed and breakfast facility. (Zoning) A permanently owner occupied' private home with a maximum
of five guest rooms furnishing temporary lodging and breakfast meals to paying customers.
Planning Commission
July 27, 2015
Agenda Item 3
15-5111 Bed & Breakfast
Page 5 of 5
NORTHWEST ARKANSAS
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P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 . FAX: 479-695-1118 ti WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION RECEIVED
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the SEP 0 2 2015
Northwest Arkansas Democrat Gazette, printed and published in CITY OF FAYETTEVILLE
Washington and Benton County, Arkansas, and of bona fide circulation, CITY CLERK'S OFFICE
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5793
Was inserted in the Northwest Arkansas Democrat
Gazette on:
August 27, 2015
Publication Charges: $ 142.67
Cathy Wiles
Subscribed and sworn to before me
This /dayof 5l1f7 , 2015.
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Notary Publi
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Arkansas - Washington County
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