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HomeMy WebLinkAboutOrdinance 6409F FPYETT i J,12 9RK4 NSPS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6409 File Number: 2020-1067 ARCHIVED AMEND §161.22 COMMUNITY SERVICES AND § 161.24 URBAN THOROUGHFARE: AN ORDINANCE TO AMEND § 161.22 COMMUNITY SERVICES TO MOVE USE UNIT 18, GASOLINE SERVICE STATIONS AND DRIVE-IN/DRIVE-THROUGH RESTAURANTS FROM PERMITTED USES TO CONDITIONAL USES WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3); and WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop into pedestrian -friendly mixed -use nodes served by current or future transit service; and WHEREAS, the Community Services zoning district is often applied to areas where mixed -use development is desirable because its stated purpose is to encourage a mixture of residential and commercial uses in a traditional urban form; and WHEREAS, convenience stores with gasoline pumps and fast food restaurants are some of the most intense commercial activities allowed in Community Services and can lack compatibility because of their high traffic, substantial lighting and 24-hour operation in certain locations near residential houses, duplexes and other housing; and WHEREAS, recent proposals to rezone to Community Services have drawn public concern and criticism about the safety of traffic associated with Use Unit 18, Gasoline service stations and drive-in/drive through restaurants in areas with high pedestrian traffic or the compatibility of these uses with nearby residential areas; and WHEREAS, Use Unit 18 should be moved from a Permitted Use to a Conditional Use to allow Page 1 Printed on 213121 Ordinance: 6409 File Number.' 2020-1067 neighbor comments, to ensure Use Unit 18's allowed uses are appropriate in the location requested, and to allow the Planning Commission to place reasonable conditions upon the applicant such as the placement of the building, gas pumps or drive through windows, requiring more screening, limiting the number of gas pumps, or reducing the hours of operation; and WHEREAS, the Conditional Use Permit process allows the Planning Commission to hear from the public and to apply a higher level of discretion to ensure development pursuant to Use Unit 18 is safe, compatible, and appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22 Community Services by removing Use Unit 18, Gasoline service stations and drive-in/drive-through restaurants from subsection (13)(1) Permitted Uses and adding Use Unit 18 to subsection (13)(2) Conditional Uses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the vested rights of property owners who have purchased property for development based on existing zoning standards, and hereby exempts all unexpired large scale developments, small site improvement plans, large site improvement plans, preliminary plats, final plats, concurrent plats, and building permits approved within six (6) months following the enactment of this ordinance. This exemption shall include any approved renewals or extensions pursuant to § 166.20 of the Unified Development Code and all subsequent phases of plats subject to this exemption. PASSED and APPROVED on 2/2/2021 Attest: RKJ19 G, R :���J.• �17Y0�9s': ;v; •�� •n= Kara Paxton, City Clerk Treasuir % LE AYE7- EVIL : � .4• d •9 '',9dy•.�kANSPsZ. Page 2 Printed on 213/21 . , City of Fayetteville, Arkansas 113 West Mountain Street x 1 Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-1067 Agenda Date: 2/2/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: 6.4 AMEND §161.22 COMMUNITY SERVICES AND § 161.24 URBAN THOROUGHFARE: AN ORDINANCE TO AMEND § 161.22 COMMUNITY SERVICES TO MOVE USE UNIT 18, GASOLINE SERVICE STATIONS AND DRIVE-IN/DRIVE-THROUGH RESTAURANTS FROM PERMITTED USES TO CONDITIONAL USES WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3); and WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop into pedestrian -friendly mixed -use nodes served by current or future transit service; and WHEREAS, the Community Services zoning district is -often applied to areas where mixed -use development is desirable because its stated purpose is to encourage a mixture of residential and commercial uses in a traditional urban form; and WHEREAS, convenience stores with gasoline pumps and fast food restaurants are some of the most intense commercial activities allowed in Community Services and can lack compatibility because of their high traffic, substantial lighting and 24-hour operation in certain locations near residential houses, duplexes and other housing; and WHEREAS, recent proposals to rezone to Community Services have drawn public concern and criticism about the safety of traffic associated with Use Unit 18, Gasoline service stations and drive-in/drive through restaurants in areas with high pedestrian traffic or the compatibility of these uses with nearby residential areas; and WHEREAS, Use Unit 18 should be moved from a Permitted Use to a Conditional Use to allow neighbor comments, to ensure Use Unit 18's allowed uses are appropriate in the location requested, and to allow the Planning Commission to place reasonable conditions upon the applicant such as the placement of the building, gas pumps or drive through windows, requiring more screening, limiting the number of gas pumps, or reducing the hours of operation; and WHEREAS, the Conditional Use Permit process allows the Planning Commission to hear from the public and to apply a higher level of discretion to ensure development pursuant to Use Unit 18 is safe, compatible, and City of Fayetteville, Arkansas Page 1 Printed on 21312021 File Number: 2020-1067 appropriate. NOW, THEREFORE, 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 § 161.22 Community Services by removing Use Unit 18, Gasoline service stations and drive-in/drive-through restaurants from subsection (13)(1) Permitted Uses and adding Use Unit 18 to subsection (13)(2) Conditional Uses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the vested rights of property owners who have purchased property for development based on existing zoning standards, and hereby exempts all unexpired large scale developments, small site improvement plans, large site improvement plans, preliminary plats, final plats, concurrent plats, and building permits approved within six (6) months following the enactment of this ordinance. This exemption shall include any approved renewals or extensions pursuant to § 166.20 of the Unified Development Code and all subsequent phases of plats subject to this exemption. City of Fayetteville, Arkansas Page 2 Printed on 2/3/2021 7 Legistar ID No.: 2020-1067 AGENDA REQUEST FORM FOR: Council Meeting of December 15, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO CONDITIONAL USES APPROVED FOR AGENDA: Council Member Kyle Smith i Ass . ity Attorney Blake Pennington Approved as to form jZ�Z%2oZ� Date 1 Z/ Z /20?� Date CityClerk From: Sent: To: Subject: Categories: Please see email below. CityClerk Monday, December 28, 2020 9:12 AM Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Hertzberg, Holly; Batker, Jodi; Jones, D'Andre; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle FW: 2020-1067 Amend Saved File The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provided below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk(a)fayettevil le-ar. Qov Website I Facebook I Twitter I Instagram I YouTube CITY OF IWFAYETTEVILLE ARKANSAS From: Marilyn Braswell <askmimi9296@yahoo.com> Sent: Monday, December 28, 2020 8:41 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: 2020-1067 Amend CAUTION: 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. Marilyn Braswell 1167 S Highbush Ave 479-283-2726 I'm writing in favor of the proposed amendment to the CS & UT Zoning that Kyle Smith has proposed. I believe it is much needed & will give the perfect balance to residential neighborhood and commercial interests. It also gives the planning commission & the city council some flexibility to satisfy both the commercial & residential. If this passes, I believe there will be less opposition to the CS Zoning. I respectfully request your approval on this amendment. Sent from my Whone B72020-1067 SERVICES AMEND AND THOROUGHFARE,* A AMEND §161.22 COMP § 161.24 CHANGING CERTAIN CONDITIONAL USES Legislation Text AMEND§166.22 CO: AND § 166.24 URBA14I, Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Michael Lusson Address or Ward* :-% Address Wa rd Locate Your Ward Number Ward* Ward 4 Phone Number Email michael.lusson@gmail.com Meeting Body* City Council Agenda Item B.7 2020-1067 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments Attachments P0F preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two ol minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent of majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak Im three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* ' Kim Oelke Address or Ward* Address J Ward Locate Your Ward Number Ward* Ward 4 Phone Number Email Meeting Body* City Council Agenda Item B7 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments Attachments .PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments onh, if approved by the City Council by unanimouS'consent or majority vote. [('public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimouS consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display CitvClerk From: Erstine, David @ Fayetteville <DAVID.ERSTINE@cbre.com> Sent: Tuesday, January 5, 2021 1:32 PM To: Gutierrez, Sonia; Jones, D'Andre; Kinion, Mark; Petty, Matthew; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Hertzberg, Holly Cc: CityClerk; mayor@ci.fayetteville.ar.us Subject: Potential Amendment to Community Services and Urban Thoroughfare Attachments: 12-15-20_Legislation Text - Amend Fuel Stations in CS Zoning to Conditional Use.pdf; Road x-sections.pdf, Master Street Plan.pdf CAUTION: 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. Council Members Gutierrez and Jones, I write to you a member of the business community AND Ward 1 resident: Remaining Council Members, I write to you as an experienced commercial real estate agent within Fayetteville and NW AR: I am confused by the purpose of the pending amendment to require certain uses under Community Services and Urban Thoroughfare to be required to submit for a Conditional Use permit. Reasons for my confusion include: 1) The proposed amendment appears to be based on "we, the City, do not want owners, or developers, to have the ability to construct single-family residential within CS and UT zones as those should be more for retail services... however, with that said, we, the City, also don't want the kind of retail services that include drive- thru's, and convenience stores, to be located withing these zoning classifications". Seems to include some contradiction on what is really desired. From a retail standpoint, I believe we'll continue to see drive-thru's become more desired by consumers due to Covid-19 and overall health/safety concerns; 2) If the genesis of this stems from single-family being built along the round-a-abouts on Rupple (south of Persimmon and north of Hwy. 62), please note that in my opinion commercial development, such as retail, is unlikely at those locations. This is partly due to the lack of east / west connectivity which is, and will continue to be, limited by Centennial Park/hillside to the east and the waste water treatment facility to the west; 3) If the genesis of this stems from the recent zoning request at the intersection of Mt Comfort and Rupple, its difficult for me to consider this intersection as having (now or in the future), "high pedestrian traffic". I've attached a couple bits of information... if accurate, it appears to show that both Mt. Comfort and Rupple are designed to each carry 17,600 vpd. This design, along with continued residential growth of the area, will most likely make this intersection one of the heaviest traveled intersections in Fayetteville. As these proposed changes do not make sense to me, I'd ask you to vote NO to amend the CS and UT zoning classifications. Also, I encourage you to rely on City Staff for direction on how/why these uses were initially placed into these zoning classifications. Thanks, David David Erstine, SIOR, CCIM I First Vice President CBRE I Advisory & Transaction Services 438 E Millsap Rd., Suite 1031 Fayetteville, AR 72703 T +1 479 249 6199 ) F +1 479 301 2521 1 C +1 479 841 6209 david.erstine(a)cbre.com I www.cbre.com/david.erstine Connect with me on Linkedln Follow CBRE: Facebook I cbre I Gooale+ CBRE Group, Inc. (NYSE:CBRE), o Fortune 500 and S&P 500 company headquartered in Los Angeles, is the world's largest commercial real estate services and investment firm (based on 2019 revenue). The company has more than 100,000 employees (excluding affiliates) and serves real estate investors and occupiers through more than 530 offices (excluding affiliates) worldwide. CBRE offers a broad range of integrated services, including facilities, transaction and project management; property management; investment management; appraisal and valuation; property leasing; strategic consulting; property sales; mortgage services and development services. CBRE Group, Inc. is the world's largest commercial real estate services and investment firm, with 2019 revenues of $23.9billion and more than 100,000 employees. CBRE has been included in the Fortune 500 since 2008, ranking # 128 in 2020. It also has been voted the industry's top brand by the Lipsey Company for 19 consecutive years and has been named one of Fortune's "Most Admired Companies" in the real estate sector for seven years in a row, including being ranked number one in the real estate sector in 2019. 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Delivery of this message is not intended to waive any applicable privileges. 13 West Mountain Street • City of Fayetteville, Arkansas 1Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2020-1067, Version: 1 AMEND §166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE: AN ORDINANCE TO AMEND §166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO CONDITIONAL USES WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3); and WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop into pedestrian -friendly mixed -use nodes served by current or future transit service; and WHEREAS, the Community Services zoning district is often applied to areas where mixed -use development is desirable because its stated put -pose is to encourage a mixture of residential and commercial uses in a traditional urban form; and WHEREAS, recent examples of development in Community Services districts utilizing only Use Unit 8 "Single Family Dwellings" in patterns indistinguishable from neighboring residential zones have failed to produce the intended variety of housing types or reserve space for future commercial development; and WHEREAS recent proposals for Community Services zones have drawn public criticism about the safety of traffic associated with Use Unit 18 "Gasoline service stations and drive-in/drive through restaurants" .in areas with high pedestrian traffic or the compatibility of these uses with nearby residential areas; and WHEREAS, the Conditional Use Permit process allows the Planning Commission to apply a higher level of discretion to ensure development of these uses is safe, compatible, and appropriate. NOW, THEREFORE, 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 § 161.22 Community Services by removing Unit 8, Single-family dwellings; Unit 9, Two-family dwellings; and Unit 18, Gasoline service stations and drive-in/drive-through restaurants from subsection (13)(1) Permitted Uses and adding them to subsection (13)(2) Conditional Uses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.24 Urban . Thoroughfare by removing Unit 8, Single-family dwellings and Unit 9, Two-family dwellings from subsection (13)(1) Permitted Uses and adding them to subsection (B)(2) Conditional Uses. City of Fayetteville, Arkansas Page 1 of 2 Printed on 12/1012020 powered by Legistar7V File #: 2020-1067. Version: 1 City of Fayetteville, Arkansas Page 2 of 2 Printed on 12/10/2020 powered by legistar y Regional Link Street Design Service volume: 17,600 vpd - Desired Operating Speed: 30-40 mph Regional link streets carry local and regional multimodal traffic, serving low -density residential areas and open spaces. Similar to neighborhood link streets, larger greenspaces are provided for pedestrian comfort and cyclists are intended to be outside the roadway in a separated facility due to vehicular speeds and volumes. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left -turn lane, or continuous two -way -left -turn -lane. Storm drainage infrastructure should have adequate depth or offset to avoid conflicts with street tree plantings. IG� Figure 12.12 - Regional Link Street Ila dl Ir\ El I- 'q[jr Low -impact Development (LTD) features in green spaces are recommended best practices to incorporate alternative stormwater treatment techniques. As determined by city staff, additional roadway elements may be required and include: • An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right -of. --way. • Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. • Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate 10-ft sidewalks by reducing greenspaces. Alternative design elements may be approved administratively and include: • Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide an aerial fire apparatus access area. Minimum Right -of -Way: 92-feet 146 Regional High -Activity Link Street Design Service volume: 17,600 vpd - Desired Operating Speed: 30-40 mph Regional high activity link streets carry local and regional multimodal traffic through a variety of densities and land uses. This street may have on -street parking on one or both sides based on adjacent land -use and will have large sidewalks used also as multi -use shared paths for cyclists. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left -turn lane, or continuous two -way -left -turn -lane. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. Figure 12.13 - Regional High -Activity Link Street A - I, \�I Low -impact Development (LID) features in green spaces are recommended best practices to incorporate alternative stormwater treatment techniques. As determined by city staff, additional roadway elements may be required and include: An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right -of. --way. Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. Alternative design elements may be approved administratively and include: • Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide an aerial fire apparatus access area. Streets designated as parkways on the Master Street Plan Map could have larger rights -of -way to incorporate wider medians and green spaces. (NOTE: A corresponding adjustment to zoning code could be required to facilitate a 50-foot setback along streets designated as parkways.) Minimum Right -of -Way: 96-feet 147 12/21 /2020 ro Master Street Plan 'i Find address or place 0, r� L J Weir Rd Master Street Plan i t Weir Rd f. � I ' N I Crystal Dr rent road expansion b Holcomb d I - �- Morning mist Dr A v Regional Link i Hurt P, 0.2mi •94221 36 101 Degrees hftps://maps.fayefteville-ar.gov/viewer/index. html?webmap=f55a27decl 9446a7b220da89bl cl fbe7 v ! 4 C41, � c ' VP Mclaren Dr r� II t a� �l I+, N CityClerk From: Sent: To: Cc: Subject: Attachments: Please see email below. CityClerk Tuesday, January 5, 2021 S:OS PM Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Hertzberg, Holly; Batker, Jodi; Jones, D'Andre; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Krystal McNaughton FW: Fayetteville City Council Members 12-15-20_Legislation Text - Amend Fuel Stations in CS Zoning to Conditional Use.pdf The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provided below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerkCcDfayetteville-ar. gov Website I Facebook I Twitter I Instagram I YouTube . CITY OF FAYETTEVILLE ARKANSAS From: Krystal McNaughton <krystal@mcnaughtonrealtors.com> Sent: Tuesday, January 5, 20215:00 PM To: Gutierrez, Sonia <sonia.gutierrez@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones @fayetteville-ar.gov>; Kinion, Mark <mark.kin ion@fayetteville-ar.gov>; Petty, Matthew < matt hew. petty@fayetteville-ar.gov>; Scroggin, Sloan <sloan.scroggin@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Cc: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Fayetteville City Council Members CAUTION: 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. Myself and many other Realtors@ are against the attached amendment. 113 West Mountain Street City of Fayetteville, Arkansas Fayetteville, AR72701 (479) 575-8323 x Legislation Text File #: 2020-1067, Version: 1 AMEND §166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE: AN ORDINANCE TO AMEND § 166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO CONDITIONAL USES WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3); and WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop into pedestrian -friendly mixed -use nodes served by current or future transit service; and WHEREAS, the Community Services zoning district is often applied to areas where mixed -use development is desirable because its stated purpose is to encourage a mixture of residential and commercial uses in a traditional urban form; and WHEREAS, recent examples of development in Community Services districts utilizing only Use Unit 8 "Single Family Dwellings" in patterns indistinguishable from neighboring residential zones have failed to produce the intended variety of housing types or reserve space for future commercial development; and WHEREAS recent proposals for Community Services zones have drawn public criticism about the safety of traffic associated with Use Unit 18 "Gasoline service stations and drive-in/drive through restaurants" in areas with high pedestrian traffic or the compatibility of these uses with nearby residential areas; and WHEREAS, the Conditional Use Permit process allows the Planning Commission to apply a higher level of discretion to ensure development of these uses is safe, compatible, and appropriate. NOW, THEREFORE, 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 § 161.22 Community Services by removing Unit 8, Single-family dwellings; Unit 9, Two-family dwellings; and Unit 18, Gasoline service stations and drive-in/drive-through restaurants from subsection (13)(1) Permitted Uses and adding them to subsection (13)(2) Conditional Uses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.24 Urban Thoroughfare by removing Unit 8, Single-family dwellings and Unit 9, Two-family dwellings from subsection (B)(1) Permitted Uses and adding them to subsection (B)(2) Conditional Uses. City of Fayetteville, Arkansas Page 1 of 2 Printed on 12/10/2020 powered by Legistar'I File M 2020-1067, Version: 1 City of Fayetteville, Arkansas Page 2 of 2 Printed on 12/10/2020 powered by Legisiar' Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Lauren R Thomas Address or Ward* O Address O Ward Locate Your Ward Number Address* 5006 W. Waverly Road Ex. 113 W Mountain St Phone Number 5016585383 Email lauren.r.thomas@att.net Meeting Body* City Council and Planning Commission Agenda Item B.7 2020-1067 AMEND §161.22 COMMUNITY SERVICES AND § Number/Subject 161.24 URBAN THOROUGHFARE: AN ORDINANCE TO AMEND §161'.22 COMMUNITY SERVICES AND § 161.24 URBAN THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO C Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments Dear Sir or Madam, I am IN FAVOR of this proposal, as it will allow a more thoughtful and community - centric approach to future Community Service Developments. It will help ensure that property is developed in a best use mind -set - keeping in mind the heart and desires of the actual community members that will live in and use the area both now and in the future. Sincerely; r Lauren Thomas Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall he allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of live (j) minutes to be broken into scemenls ofthree and two minutes. Amendments may rcceivc public comments only il'approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak I -or three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by Lill Lill 1i11ouS Consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Nick Zazal Address or Ward* U Address 0 Ward Locate Your Ward Number Address * 4284 W. Blue Mist Ct. Ex. 113 VJ Mountain St Phone Number 2178405404 Email nickzazal@hotmail.com Meeting Body* City Council Agenda Item 2020-1067 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments I am writing in support of amending the community services and urban thoroughfare zoning code to change certain permitted uses to conditional uses. Frankly, I am not sure this amendment even goes far enough, but I will support it for what it does do. I don't believe the current definition of community services in the zoning code is very transparent. There appears to be many. many different uses for this particular zoning code and I would advocate for the council to consider more transparency in the naming of certain city zoning codes. A gas station, for instance, doesn't fit under community services any more than a grocery store. These are retail establishments and should be considered under a commercial retail type of code. Essential? Yes. But not a community service. Community services code designations should be used for those sorts of facilities that provide essential services, not products. Veterinarians, outpatient clinics and doctor's offices, community -oriented non -profits, food banks, daycare facilities, etc. These are community services. Not gas stations. It is important if we want our citizens to be able to intelligibly participate in the process of local government that we write our ordinances and laws in a way that makes them easier to decipher and understand. So in that spirit, I ask you to support this amendment because I feel it will at least be a step in the right direction toward closing a loophole in the zoning code that allows for a request such as a gas station to go through undetected by the community when it is passed off as a zoning request for a community service facility. Lastly, I also want to support quick implementation of this amendment if passed. Discussion at last night's council meeting of a six month waiting period is far too long and favors developers. As representatives of the citizens, not the developers, 1 hope you will work to close this loophole as expediently as possible. Thank you for your time and consideration. Attachments .POF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed For all members of the audience who have signed up prior to the beginning of the agenda item the; wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments ofthree and two minutes. Amendments mar receive public comments Onlr if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment; speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majoray rote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display CityClerk From: Greg Taylor <gtaylor@weichertgriffin.com> Sent: Tuesday, January 5, 2021 2:40 PM To: Hertzberg, Holly; Turk, Teresa; Bunch, Sarah; Scroggin, Sloan; Petty, Matthew; Kinion, Mark; Jones, D'Andre; Gutierrez, Sonia Cc:. CityClerk; Williams, Kit; Pennington, Blake Subject: Ordinance to Amend CS and UT Zoning CAUTION: 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. AII— I wanted to address an issue that is on the Fayetteville City Council agenda to Amend CS and UT Zonings. As a commercial realtor and developer in NWA for the past 18 years, I feel very confident in saying if the amendment to change CS and UT zoning is approved by this city council, this action could very well be the single most detrimental decision ever made for future growth in the city of Fayetteville. This would create yet another layer of restrictions on both Residential and Commercial developments that would force most developers to look at other locations and cities to build their projects. You are sending a message to every land owner, every residential developer, and every commercial builder that you know what's best for their property and their developments. And if the Council or a few neighbors don't like what you do or build, then the Council will just keep amending and changing ordinances until they get what they want. I don't see that as a very healthy or constructive way to build and grow a city. This is NOT a zoning issue, but rather a planning issue. I have had conversations with some of the planning staff, as well as some of the planning commissioners, who believe the CS and UT zoning is correct in what is a permitted use and what is a conditional use and would not be in support of amending the uses. There seems to be a disconnect between the city planning staff, planning commission, and city council on how best to develop future land in Fayetteville. If there are issues surrounding how land zoned CS and UT is being developed, then this should be conversations between city planning staff, planning commissioners, and city council. I believe the citizens of Fayetteville would be best served if everyone was working from the same play book rather than punish the ones who are wanting to rezone property, build homes, and build commercial developments by adding more regulations and control over developing. It appears that the recommendation to amend these zonings is being driven mainly by one ex city council member who could not get enough support from Ward 4 where he lives to be elected to the City Council, as well as one land owner, Mr. Hazen (also Ward 4), who already has his 32 acres zoned CS. I have yet to hear anyone else outside the council, such as other land owners, realtors, developers, Chamber, etc. speak in support of this amendment. However I have visited with several land owners, residential developers, and commercial developers who are in OPPOSITION to this amendment and I have encouraged them to share their concerns with the City Council members. The City Council and Planning Commission have already made it clear to commercial developers that hard zoning properties C1 and C2 are going to be discouraged in the future and only allowed in certain areas. So the alternative zoning is CS and UT. And now you are considering conditional restrictions to these zonings that the potential developer is not even going to know what those restrictions are until he has spent several thousands of dollars just to get the project on the meeting agenda. Not knowing what you can or can't do with a piece of property will discourage any future development in Fayetteville. I strongly encourage you to vote NO on this proposal. Adding more regulations is not the answer to this particular issue. Greg Taylor 479-283-2542 (cell) 479-927-4433 (direct) GTaylor@WeichertGriffin.com Leslie Chastain 479-756-1003 (main) 479-927-4414 (direct) 479-927-4495 (fax) LeslieC@weichertgriffin.com nwaproperties. net ORDINANCE NO. AN ORDINANCE TO AMEND § 166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO CONDITIONAL USES WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3); and WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop into pedestrian -friendly mixed -use nodes served by current or future transit service; and WHEREAS, the Community Services zoning district is often applied to areas where mixed -use development is desirable because its stated purpose is to encourage a mixture of residential and commercial uses in a traditional urban form; and WHEREAS, recent examples of development in Community Services districts utilizing only Use Unit 8 "Single Family Dwellings" in patterns indistinguishable from neighboring residential zones have failed to produce the intended variety of housing types or reserve space for future commercial development; and WHEREAS recent proposals for Community Services zones have drawn public criticism about the safety of traffic associated with Use Unit 18 "Gasoline service stations and drive-in/drive through restaurants" in areas with high pedestrian traffic or the compatibility of these uses with nearby residential areas; and WHEREAS; the Conditional Use Permit process allows the Planning Commission to apply a higher level of discretion to ensure development of these uses is safe, compatible, and appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22 Community Services by removing Unit 8, Single-family dwellings; Unit 9, Two-family dwellings; and Unit 18, Gasoline service stations and drive-in/drive-through restaurants from subsection (13)(1) Permitted Uses and adding them to subsection (13)(2) Conditional Uses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.24 Urban Thoroughfare by removing Unit 8, Single-family dwellings and Unit 9, Two-family dwellings from subsection (13)(1) Permitted Uses and adding them to subsection (13)(2) Conditional Uses. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the vested rights of property owners who have purchased property for development based on existing zoning standards, and hereby exempts all unexpired large scale developments, small site improvement plans, large site improvement plans, preliminary plats, final plats, concurrent plats, and building permits approved within 6 months following the enactment of this ordinance. This exemption shall include any approved renewals or extensions pursuant to § 166.20 of the Unified Development Code and all subsequent phases of plats subject to this exemption. PASSED and APPROVED this APPROVED: LIONELD JORDAN, Mayor day of , 2021. ATTEST: in KARA PAXTON, City Clerk/Treasurer Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Laura Speer Address or Ward* Address Ward Locate Your Ward Number Ward* Ward 4 Phone Number 479-264-9792 Email Ispeerster@gmail.com Meeting Body* City Council Agenda Item B-1 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments Please remove gas stations from the CS planning zones. The CS zone - at this point - does not give the city or the residents living around a proposed CS zone any power to reject businesses that would bring too much traffic and a possibly 24-hour- business into the middle of what might be a residential area. Having this ability will help keep our kids safe (at the school and playing in residential areas that are very close to any proposed CS,property) and keep residential property prices more stable. Thank you! Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning ofthe aLlenda item then wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public connnents.only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and'statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display