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
