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HomeMy WebLinkAboutOrdinance 6325113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6325 File Number: 2020-0.172 AMEND § 172.04 PARKING LOT DESIGN STANDARDS: AN ORDINANCE TO AMEND § 172.04 PARKING LOT DESIGN STANDARDS TO ALLOW RESTAURANTS AND CAFES TO EXPAND OPERATIONS INTO PRIVATE PARKING LOTS, AND TO DECLARE AN EMERGENCY 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 § 172.04 - Parking Lot Design Standards of the Fayetteville City Code by repealing subsection 172.04(B) and enacting a new subsection (B) as follows: (B) Pedestrian Access. (1) Pedestrian access shall be provided from the street to the entrance of the structure by way of designated pathway or sidewalk. (2) Parking lots may be utilized by restaurants, cafes, and similar uses where pedestrian seating, access, or service does not interfere with safe and functional circulation. If a parking lot utilized for outdoor service is determined to represent a hazard to pedestrian or vehicular use, sites may be required to include an implied or physical barrier with landscaping elements, gated fencing, changes in ground surface texture, material or color, or similar treatments. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council Page 1 Prrntad on V17120 Ordinance. 6325 File Number: 2020-0472 hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on 6/16/2020 Attest: ER K'/ .` t't.•' CITY '•:�9 ''. L ,m— Kara Paxton, City Clerk Treasures : FgYF��VILLE; ;ems'•. ANSNI`'.•' ",'G ON jiIIIII10 Page 2 Pdnted on 0/17)20 City of Fayetteville, Arkansas 113 West Mountain Street / Fayetteville, AR 72701 (` (479) 575-8323 �1 - Text File �✓� File Number: 2020-0472 Agenda Date: 6/16/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 8 AMEND § 172.04 PARKING LOT DESIGN STANDARDS: AN ORDINANCE TO AMEND § 172.04 PARKING LOT DESIGN STANDARDS TO ALLOW RESTAURANTS AND CAFES TO EXPAND OPERATIONS INTO PRIVATE PARKING LOTS, AND TO DECLARE AN EMERGENCY 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 § 172.04 - Parking Lot Design Standards of the Fayetteville City Code by repealing subsection 172.04(B) and enacting a new subsection (B) as follows: (B) Pedestrian Access. (1) Pedestrian access shall be provided from the street to the entrance of the structure by way of designated pathway or sidewalk. (2) Parking lots may be utilized by restaurants, cafes, and similar uses where pedestrian seating, access, or service does not interfere with safe and functional circulation. If a parking lot utilized for outdoor service is determined to represent a hazard to pedestrian or vehicular use, sites may be required to include an implied or physical barrier with landscaping elements, gated fencing, changes in ground surface texture, material or color, or similar treatments. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. City or Fayetteville, Arkansas Page 1 Printed on 611712020 Legistar ID No.: 2020-0472 AGENDA REQUEST FORM FOR: Council Meeting of June 16, 2020 FROM: Council Member Matthew Petty ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ALLOW RESTAURANTS AND CAFES TO EXPAND OPERATIONS INTO PRIVATE PARKING LOTS, AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: Co Member Matthew Petty Asst. City Attorney Blake Pennington Approved as to form TV-4- . Date Date Pennington, Blake From: Matthew Petty - Fayetteville Ward 2 <citycouncil@matthewpetty.org> Sent: Friday, June 05, 2020 10:44 AM To: Pennington, Blake Subject: Re: Restaurant parking lot dining This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. It looks good. Simple and concise. Let's run it Thank you for your help On Fri, Jun 5, 2020 at 8:40 AM Pennington, Blake <bpennineton@favetteville-ar.gov> wrote: Matthew, just wanted to follow up with you on the proposed language we sent for your review so we can get it added to the agenda next Tuesday. We still have time to make any changes you would like to see. Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bpennineton@fayetteville-ar.gov<mailto:bpennineton@fayetteville-ar.gov> From: Pennington, Blake Sent: Friday, May 29, 2020 3:49 PM To: Petty, Matthew <citycouncil@matthewpetty.org<mailto:citycouncil@matthewpetty.org>> Cc: Curth, Jonathan <icurth@fayetteville-ar.gov<mailto:icurth@favetteville-ar.gov>>; Williams, Kit <k_williams@fayetteville-ar.gov<mailto:kwilliams@fayetteville-ar.gov>> Subject: Restaurant parking lot dining Matthew, Attached is a proposed amendment to the UDC that would allow restaurants to use portions of their parking lot for service. We have Jonathan to thank for drafting it and identifying where in the UDC it needed to be. The proposed language would allow Planning to step in if a complaint is received regarding an unsafe condition but it does not require prior review or any type of permit. Please let me know if you have any comments or changes. Have a good weekend. Thanks, Blake Blake E. Pennington Assistant City Attorney 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 bpennineton@favetteville-ar gov<mailto:bpennington@fayetteville-ar.gov> ORDINANCE NO. AN ORDINANCE TO AMEND § 172.04 PARKING LOT DESIGN STANDARDS TO ALLOW RESTAURANTS AND CAFES TO EXPAND OPERATIONS INTO PRIVATE PARKING LOTS, AND TO DECLARE AN EMERGENCY 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 § 172.04 — Parking Lot Design Standards of the Fayetteville City Code by repealing subsection 172.04(B) and enacting a new subsection (B) as follows: (B) Pedestrian Access. (1) Pedestrian access shall be provided from the street to the entrance of the structure by way of designated pathway or sidewalk. (2) Parking lots may be utilized by restaurants, cafes, and similar uses where pedestrian seating, access, or service does not interfere with safe and functional circulation. If a parking lot utilized for outdoor service is determined to represent a hazard to pedestrian or vehicular use, sites may be required to include an implied or physical barrier with landscaping elements, gated fencing, changes in ground surface texture, material or color, or similar treatments. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED this 16w day of June, 2020. ATTEST: ��RK %�TRF�,,� \y • • G\T Y By: = FAYE1TEVILLE :;10- KARA PAXTON, City Clerk/Treast�ker tON11 ```� •, • , , �0r, tie P.C. BOY 1607, FAYETTE'/ILLE, ikR. 72702.479.4 42-1700 - FAY: 479.695-B rs - W'WVWN'•h'ADG.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of- Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6325 Was inserted in the Regular Edition on: June 21, 2020 Publication Charges: $142.88 Brittany Smith Subscribed and sworn to before me This2� day of ��"020. Notary Public My Commission Expires: a' **NOTE** Please do not pay from Affidavit. Invoice will be sent. GAS 112, Q�'bsr�o�°o Ordinance: 6325 File Number: 2020-0472 AMEND § 172.04 PARKING LOT DESIGN STANDARDS: AN ORDINANCE TO AMEND § 172.04 PARKING LOT DESIGN STANDARDS TO ALLOW RESTAURANTS AND CAFES TO EXPAND OPERATIONS INTO PRIVATE PARKING LOTS, AND TO DECLARE AN EMERGENCY 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 § 172.04 - Parking Lot Design Standards of the Fayetteville City Code by repealing subsection 172.04(B) and enacting a new subsection (B) as follows: (B) Pedestrian Access. (1) Pedestrian access shall be provided from the street to the entrance of the structure by way of designated pathway or sidewalk. (2) Parking lots may be utilized by restaurants, cafes, and similar uses where pedestrian seating, access, or service does not interfere with safe and functional circulation. If a parking lot utilized for outdoor service is determined to represent a hazard to pedestrian or vehicular use, sites may be required to include an implied or physical barrier with landscaping elements, gated fencing, changes in ground surface texture, material or color, or similar treatments. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on 6/16/2020 Approved: /s/ Lioneld Jordan Lioneld Jordan, Mayor Attest: /s/ Kara Paxton Kara Paxton, City Clerk Treasurer 75285756 June 21, 2020