HomeMy WebLinkAboutOrdinance 6497RMgNS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6497
File Number: 2021-0785
AMEND §161.22 COMMUNITY SERVICES:
AN ORDINANCE TO AMEND §161.22 COMMUNITY SERVICES BY REMOVING USE
UNIT 18, GASOLINE SERVICE STATIONS AND DRIVE-IN/DRIVE-THROUGH
RESTAURANTS FROM PERMITTED USES AND ADDING IT TO CONDITIONAL USES
WHEREAS, On February 2, 2021, City Council approved Ordinance 6409, amending the CS,
Community Services zoning district to remove Use Unit 18, Gasoline Services Stations and
Drive-In/Drive-Through Restaurants, from Permitted Uses, and to add Use Unit 18 to Conditional
Uses; and
WHEREAS, during the same period, another ordinance was under consideration with a series of
exhibits regarding zoning ordinance amendments to add short-term rentals; and
WHEREAS, an exhibit of the short term rentals predated the proposal to shift Use Unit 18 from a
permitted to a conditional use of Community Services and continued to list Use Unit 18 as a Permitted
use and not as a Conditional use; and
WHEREAS, staff mistakenly did not update that exhibit following approval of Ordinance 6409 so that
the City Council unintentionally returned Use Unit 18 as a Permitted use rather than as a Conditional
use for Community Services by adopting the out of date exhibit associated with short-term rentals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22
Page i Printed on 1GPM21
Ordinance: 6497
File Number 2021-0785
Community Services by removing Use Unit 18, Gasoline service stations and drive-in/drive-through
restaurants from subsection (B)(1) Permitted Uses and adding it to Conditional Uses.
PASSED and APPROVED on 10/19/2021
Attest: �JEtl If RK / T�r7i4
``\�•' cJY�F9Ji��
Kara Paxton, City Clerk Treasurer:
FAYE�EVILLE
Page 2 Printed on 10120121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0785
Agenda Date: 10/19/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.8
AMEND §161.22 COMMUNITY SERVICES:
AN ORDINANCE TO AMEND § 161.22 COMMUNITY SERVICES BY REMOVING USE UNIT 18,
GASOLINE SERVICE STATIONS AND DRIVE-IN/DRIVE-THROUGH RESTAURANTS FROM
PERMITTED USES AND ADDING IT TO CONDITIONAL USES
WHEREAS, On February 2, 2021, City Council approved Ordinance 6409, amending the CS, Community
Services zoning district to remove Use Unit 18, Gasoline Services Stations and Drive-In/Drive-Through
Restaurants, from Permitted Uses, and to add Use Unit 18 to Conditional Uses; and
WHEREAS, during the same period, another ordinance was under consideration with a series of exhibits
regarding zoning ordinance amendments to add short-term rentals; and
WHEREAS, an exhibit of the short term rentals predated the proposal to shift Use Unit 18 from a permitted
to a conditional use of Community Services and continued to list Use Unit 18 as a Permitted use and not as a
Conditional use; and
WHEREAS, staff mistakenly did not update that exhibit following approval of Ordinance 6409 so that the City
Council unintentionally returned Use Unit 18 as a Permitted use rather than as a Conditional use for
Community Services by adopting the out of date exhibit associated with short-term rentals.
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 it to Conditional Uses.
City of Fayetteville, Arkansas Page 1 Printed on 1012012021
City of Fayetteville Staff Review Form
2021-0785
Legistar File ID
10/19/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 10/1/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
An ordinance to amend Unified Development Code Chapter 161 for the CS, Community Services zoning district,
removing Use Unit 18 from Permitted Uses
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 19, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: October 1, 2021
CITY COUNCIL MEMO
SUBJECT: §161.22, CS, COMMUNITY SERVICES: An ordinance to amend Unified
Development Code Chapter 161 for the CS, Community Services zoning district.
RECOMMENDATION:
City staff recommend approving an ordinance to amend §161.22, CS, Community Services of the
Unified Development Code, removing Use Unit 18, Gasoline Services Stations and Drive-In/Drive-
Through Restaurants from Permitted Uses as shown in the attached Exhibit W.
BACKGROUND:
In an effort to promote context -sensitive corridor planning, realize the intent of Fayetteville's
mixed -use zoning districts, and address perceived incompatibilities between auto -oriented land
uses and others, former councilmember Kyle Smith proposed an amendment to the CS,
Community Services and UT, Urban Thoroughfare zoning districts to shift some uses, referred to
as Use Units within the Unified Development Code, from permitted to conditional.
DISCUSSION:
On February 2, 2021, City Council approved Ordinance 6409, amending the CS, Community
Services zoning district to remove Use Unit 18, Gasoline Services Stations and Drive-In/Drive-
Through Restaurants, from Permitted Uses, and add Use Unit 18 to Conditional Uses. During the
same period, a series of exhibits were under consideration regarding ordinance amendments for
short-term rentals. One of these exhibits predated the proposal to shift Use Unit 18 from a
permitted to a conditional use, and continued to list Use Unit 18 as permitted. In error, staff did
not update the relevant exhibit following approval of Ordinance 6409. When City Council adopted
the exhibits associated with short-term rentals through Ordinance 6427, an unintended result was
to codify Use Unit 18 as both a permitted and conditional use in the CS zoning district.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit `A'
• Proposed Ordinance Amendment in Strikeout/Highlight
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
EXHIBIT `A'
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord.
No. 6427 , §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping goods
I RMt 18
G;;c;nlOnP c c+-;+i. n nrl rl ri..o in/rl ri..o +h r..unh
restaufa4#6
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities"
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
4
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord.
No. 6427 , §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
NO``TH "ST ARKANSAS Ordinance:6497
(5iiztt
File Number 2021 0785
rnocr t 7 ¢ AMEND§161.22 COMMUNITY
lit �rl f+K y
:Ct SERVICES:
ramansounosimmirob
AN ORDINANCE TO AMEND
P.c BOX 1E07,FAYET1 E`IILLE,AR.72702.479-442-1700•FAX 479.695-1118• WWW NWADG.CO1-1 §161.22 COMMUNITY SERVICES BY
REMOVING USE UNIT 18,
GASOLINE SERVICE STATIONS
AND DRIVE-IN/DRIVE-THROUGH
RESTAURANTS FROM PERMITTED
AFFIDAVIT OF PUBLICATION USES AND ADDING IT TO
CONDITIONAL USES
WHEREAS,On February 2,2021,City
Co409,
I, BrittanySmith,do solemnlyswear that I am the AccountingLegal Clerk of the amendingendil a the CS,ved Ordinancemm 6Ser
the CS,Community Services
Northwest Arkansas Democrat-Gazette, a daily newspaper printed and zoning district to remove Use Unit 18,
published in said County, State of Arkansas;that I was so related to this Gasoline Services- roStugh s and
Drive-In/Drive-Through Restaurants,
publication at and during the publication of the annexed legal advertisement from Permitted Uses,and to add Use
Unit 18 to Conditional Uses;and
the matter of: Notice pending in the Court,in said County, and at the dates of WHEREAS,during the same period,
the several publications of said advertisement stated below, and that during said another ordinance was under
consperiods and at said dates, said newspaper was printed and had a bona fide regardingdgtion zoningh a ordinancesees of exhibits
amendments
circulation in said County; that said newspaper had been regularly printed and to add short-term rentals;and
published in said County, and had a bona fide circulation therein for the period of wHEs prod an sal et tens
rentals predated theexhibit propos oal toshort shift Use
one month before the date of the first publication of said advertisement; and that Unit 18 from a permitted to a conditional
said advertisement was published in the regular dailyissues of said newspaper use muty
� continuedofCo tom list
ni Use UnitServices 18
and as a
as stated below. Permitted use and not as a Conditional
use;and
WHEREAS,staff mistakenly did not
City of Fayetteville update that exhibit following approval of
Ord 6497 Ordinance 6409 so that the City Council
unintentionally returned Use Unit 18 as
a Permitted use rather than as a
Was inserted in the RegularEdition on: Conditional use for Community Services
by adopting the out of date exhibit
October 24, 2021 associated with short-term rentals.
NOW,THEREFORE,BE IT
ORDAINED BY THE CITY COUNCIL
Publication Charges: $139.84 OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I:That the City Council of the
/ c.4*-. City of Fayetteville,Arkansas hereby
Brittany Smith
amends§161.22
Community Services by removing Use
Unit 18,Gasoline service stations and
drive-in/drive-through restaurants from
subsection(BXI)Permitted Uses and
Subscribed and sworn to before me adding it to Conditional Uses.
This ?S da Of ,2()21. PASSED and APPROVED on
y od-- Cathy Wiles 10/19/2021
Benton COUNTY Approved:
L• Attest: Jordan,Mayor
�� / i NOTARY PUBLIC-ARKANSAS Attest:
`/(/ My Commission Expires 02-20-2024 Kara Paxton,City Clerk Treasurer
NotaryPublic Paid for by: The City Clerk-Treasurer of
Commission No. 12397118 the City of Fayetteville,Arkansas.
My Commission Expires: �Zo�2./ Amount paid:$139.84.
l 75481079 Oct 24,2021
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
OF FAYE,TF
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1
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441 ANSPS
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6497
File Number: 2021-0785
AMEND §161.22 COMMUNITY SERVICES:
AN ORDINANCE TO AMEND § 161.22 COMMUNITY SERVICES BY REMOVING USE
UNIT 18, GASOLINE SERVICE STATIONS AND DRIVE-IN/DRIVE-THROUGH
RESTAURANTS FROM PERMITTED USES AND ADDING IT TO CONDITIONAL USES
WHEREAS, On February 2, 2021, City Council approved Ordinance 6409, amending the CS,
Community Services zoning district to remove Use Unit 18, Gasoline Services Stations and
Drive-In/Drive-Through Restaurants, from Permitted Uses, and to add Use Unit 18 to Conditional
Uses; and
WHEREAS, during the same period, another ordinance was under consideration with a series of
exhibits regarding zoning ordinance amendments to add short-term rentals; and
WHEREAS, an exhibit of the short term rentals predated the proposal to shift Use Unit 18 from a
permitted to a conditional use of Community Services and continued to list Use Unit 18 as a Permitted
use and not as a Conditional use; and
WHEREAS, staff mistakenly did not update that exhibit following approval of Ordinance 6409 so that
the City Council unintentionally returned Use Unit 18 as a Permitted use rather than as a Conditional
use for Community Services by adopting the out of date exhibit associated with short-term rentals.
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
Page 1 Printed on 10120121
Ordinance: 6497
File Number: 2021-0785
Community Services by removing Use Unit 18, Gasoline service stations and drive-in/drive-through
restaurants from subsection (B)(1) Permitted Uses and adding it to Conditional Uses.
PASSED and APPROVED on 10/19/2021
Approved:
Lioneld Jordan, Mayor
Page 2
Attest:
Kara Paxton, City Clerk Treasurer
Printed on 10120121
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount paid: $ 139.84