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Home My WebLink AboutORDINANCE 5982113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5982 File Number: 2017-0305 AMEND UDC 161.30 AND 161.31: AN ORDINANCE TO AMEND §§ 161.30 DISTRICT I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND 161.31 DISTRICT I-2, GENERAL INDUSTRIAL TO ADD USE UNIT 16, SHOPPING GOODS AND USE UNIT 13, EATING PLACES AS PERMITTED USES. 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 §§ 161.30 District I-1, Heavy Commercial and Light Industrial and 161.31 District I-2, General Industrial to add Use Unit 16, Shopping Goods and Use Unit 13, Eating Places as permitted uses. PASSED and APPROVED on 6/20/2017 Attest: Lisa Branson, Deputy City; ler � TR -,.f! A� • 111 Y QF •s� �� • r c =� f AYETTEVIL[ _l ; of Z C- . A- ' Ole' r A {off Page 1 Printed on 6127117 r_ City of Fayetteville, Arkansas + Ih.�.�fg aria ti 1 � ,• ,' Text File File Number: 2017-0305 Agenda Date: 6/20/2017 Version: 1 In Control: City Council Meeting Agenda Number: D. 1 AMEND UDC 161.30 AND 161.31: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO AMEND §§ 161.30 DISTRICT I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND 161.31 DISTRICT I-2, GENERAL INDUSTRIAL TO ADD USE UNIT 16, SHOPPING GOODS AND USE UNIT 13, EATING PLACES AS PERMITTED USES 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 §§ 161.30 District I-1, Heavy Commercial and Light Industrial and 161.31 District I-2, General Industrial to add Use Unit 16, Shopping Goods and Use Unit 13, Eating Places as permitted uses. City of Fayetteville, Arkansas Page 1 Printed on 612712017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017-0305 Legistar File ID 6/20/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/2/2017 City Planning / Development Services Department Submitted Date Division/ Department Action Recommendation: ADM 17-5841: Administrative Changes to UDC Section 161.28 and 161.29: Submitted by CITY PLANNING STAFF to allow Use Unit 16, Shopping Goods, in the 1-1 and 1-2 zoning districts (Fayetteville Unified Development Code Sections 161.28 and 161.29). 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 r� CITY OF FAYETTEV ILLE ARKANSAS MEETING OF JUNE 20, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: May 31, 2017 SUBJECT: ADM 17-5841: Administrative Changes to UDC Section 161.28 and 161.29: Submitted by CITY PLANNING STAFF to allow Use Unit 16, Shopping Goods, in the 1-1 and 1-2 zoning districts (Fayetteville Unified Development Code Sections 161.28 and 161.29). RECOMMENDATION: City Planning Division staff recommends approval of an ordinance to amend the 1-1 and 1-2 zoning districts (UDC Sections 161.28 and 161.29) to allow Use Unit 16, Shopping Goods, by right. BACKGROUND AND DISCUSSION: The Arkansas Medical Marijuana Amendment of 2016 includes requirements for local zoning regulations. Section 14 of the Amendment discusses that `zoning regulations for medical marijuana dispensaries and cultivation facilities should be the same as those for a licensed retail pharmacy. The City's zoning code currently limits retail pharmacies and drug stores to commercial districts. Cultivation facilities will likely be in industrial districts and it may be desirable for dispensaries to be in close proximity to these facilities, also within industrial districts. To address this potential issue staff recommends amending the 1-1 and 1-2 zoning district to allow Use Unit 16, Shopping goods by right. A similar proposal was recently approved by the City of Fort Smith. These changes will allow for general retail in the City's industrial zonings districts, which will address the potential conflict noted above. This change will provide more complete neighborhoods with industry and shopping in the same district. Staff does not anticipate adverse impacts by introducing retail businesses into industrial areas. BUDGET/STAFF IMPACT: None Attachments: ■ Proposed UDC Code Changes in highlight -underline • Arkansas Medical Marijuana Amendment of 2016 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 I Proposed code changes in Iii hiight and underline 161.28 - 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 City-wide uses by right 1 —� Unit Public protection and utility facilities 3 Unit Cultural and recreational facilities 4 Unit Government Facilities ' 5 Unit Agriculture 6 Unit Eating places 13 Unit Shooting goods 16 Unit Transportation trades and services 17 Unittl Gasoline service stations and drive-in/drive 18 I through restaurants Unit I Warehousing and wholesale 21 Unitf Manufacturing 22 Unit I� Offices, studios and related services 25 Unit Wholesale bulk petroleum storage facilities 27 with underground storage tanks Unit Clean technologies 42 (2) Conditional Uses. Unit 2 City-wide uses by 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 Proposed code changes in highlight and underline Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. 11 t, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 10 feet Rear 25 feet (F) Height Regulations There shall be no maximum height 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 1 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. No. 4992, 3- 06-07; Ord. No. 5028, 6-19-07; Ord. No 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord No 5472; 12-20-11; Ord. No. 5800, § 1(Exh. A), 10-6-15) Proposed code changes in highlight and underline 161.29 - 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 City-wide uses by right Unit 3 Public protection and utility facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit Shopping goods 16 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Commercial recreation, large sites 20 Unit Warehousing and wholesale 21 Unit Manufacturing 22 Unit Heavy industrial 23 Unit Offices, studios, and related services 25 Unit Center for collecting recyclable materials 28 Unit Clean technologies 42 Unit Animal boarding and training 43 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit Facilities emitting odors and facilities 31 handling explosives. Unit 36 Wireless communications facilities Unit 38 Mini -storage Units Unit 39 Auto salvage and junk yards (C) Density None. Proposed code changes in highlight and underline (D) Bulk and area regulations None (E) Setback Regulations. Front, when adjoining A or R districts 100 feet Front, when adjoining C, I or P districts 50 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I or P districts 25 feet Rear 25 feet (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.. (0) 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. No. 4992, 3- 06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195,11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord No. 5353, 9-7-10; Ord No. 5800, § 1(Exh. A), 10-6-15) marijuana_ Section 14 of the Arkansas Medical Marijuana Amendment of 2016 (3) A cultivation facility shall label the marijuana that is moved between the cultivation facility and a dispensary or other cultivation facility with a trip ticket that identifies the cultivation facility by identification number, the time, date, origin, and destination of the marijuana being transported, and the amount and form of marijuana that is being transported. § 12. Prohibitions for dispensaries. (a) Except as provided in § 3 of this amendment, a dispensary may not dispense, deliver, or otherwise transfer marijuana to a person other than a qualifying patient or designated caregiver. (b)(1) Except as provided in § 3 of this amendment, the Alcoholic Beverage Control Division shall immediately revoke the registry identification card of a dispensary agent who has dispensed, delivered, or otherwise transferred marijuana to a person other than a qualifying patient or designated caregiver, and that dispensary agent shall be disqualified from serving as a dispensary agent. (2) A dispensary employing a dispensary agent found to violate subdivision (b)(1) of this section is not subject to penalties, including without limitation the revocation of its license, for the actions of a dispensary agent unless the dispensary knowingly aided or facilitated the violation. § 13. Prohibitions for cultivation facilities. A cultivation facility may sell marijuana plants, seeds, and usable marijuana only to a dispensary or other cultivation facility. § 14. Local regulation. (a) This amendment does not prohibit a city, incorporated town, or county of this state from enacting reasonable zoning regulations applicable to dispensaries or cultivation facilities, provided that those zoning regulations are the same as those for a licensed retail pharmacy. (b) This section does not allow a city, incorporated town, or county to prohibit the operation of any dispensaries or cultivation facilities in the city, incorporated town, or county unless such a prohibition is approved at an election under Article 5, § 1, of this constitution. § 15. Prohibited conduct for physicians. A physician shall not: (1) Accept, solicit, or offer any form of pecuniary remuneration from or to a dispensary or cultivation facility provided however, that this does not prohibit a physician who is also a qualifying patient from purchasing usable marijuana from a dispensary; (2) Offer a discount or other thing of value to a qualifying patient who uses or agrees to use a particular dispensary; (3) Examine a patient for purposes of diagnosing a qualifying medical condition at a dispensary; or (4) Hold an economic interest in a dispensary or cultivation facility if the physician certifies the qualifying medical condition of a patient for medical use of marijuana. NORTHWESTARKANsAs -,,-_—"_--Democrat '.0, BC)X s.CFi. ETTE' ll E, AR; 72702 479 42 _. 0,. PAX: 479 '09S 1118 1a „ , '..rte_,, ..,."•1 AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County 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 Ord. 5982 Was inserted in the Regular Edition on: June 29, 2017 Publication Charges: $ 52.00 0(if Karen Caler Subscribed and sworn to before me This ?,q day of '�� 2017. 6mc Notary Public j My Commission Expires: CiJiY ^JI LES Arlc?nscs - i''anton County Nolary i'uthc CC.;nmis;` 12.397118 Nly Condi'lission Exxnires Feb 2.0, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVE® 11011111111=10 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 5982 File Number: 2017-0305 AMEND UDC 161.28 AND 161.29: AN ORDINANCE TO AMEND §§ 161.28 DISTRICT 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND 161.29 DISTRICT 1-2, GENERAL INDUSTRIAL TO ADD USE UNIT 16, SHOPPING GOODS AND USE UNIT 13, EATING PLACES AS PERMITTED USES 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 §§ 161.28 District I-1, Heavy Commercial and Light Industrial and 161.29 District I-2, General Industrial to add Use Unit 16, Shopping Goods and Use Unit 13, Eating Places as permitted uses. PASSED and APPROVED on 6/20/2017 Approved: Lioneld Jordan, Mayor Attest: Lisa Branson, Deputy City Clerk 74182326 June 29, 2017