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HomeMy WebLinkAboutOrdinance 6624113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6624 File Number: 2022-0976 AMEND §162.01 (Z) UNIT 25 OFFICES, STUDIOS AND RELATED SERVICES: AN ORDINANCE TO AMEND § 162.01 (Z) OFFICES, STUDIOS, AND RELATED SERVICES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ADD PERSONAL SERVICES WHEREAS, this amendment is to reduce the administrative burdens for business owners seeking to open businesses categorized as personal services in the Residential -Office zoning district, many multifamily and mixed use zoning districts, and Neighborhood Conservation zoning district; and WHEREAS, City Staff and the Planning Commission recommend approval of adding Personal Services to §I62.01(Z) Offices, Studios, and Related Services for Use Unit 25. 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 § 162.01(Z) Offices, Studios, and Related Services of the Fayetteville Unified Development Code by adding the following to the table at § 162.0 1 (Z)(2), which covers included uses within Use Unit 25, Offices, Studios and Related Services, also shown on the attached Exhibit A: "Personal services • Barber/Salon • Day care • Tailoring" PASSED and APPROVED on 11/1/2022 Page 1 Printed on 1112122 Ordinance: 6624 File Number: 2022-0976 Approved: Attest: v: rrt ►�L .• GAT Y�' n fi."���'� Ale Kara Paxton, City Clerk Treasurer '... y ��,�� � rri � i si►►►���, Page 2 Printed on 1lIV22 EXHIBIT 'A' ADM-2022-0047 162.01 Establishment/Listing (Z) Unit 25. Offices, Studios and Related Services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included Uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Personal services • Barber/Salon • Day care • Tailoring Professional office: • Accountant • Architect • Attorney • Broker • Engineer • Realtor Sale of supplies and equipment • Architecture, drafting, and art supplies • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (ten (10) animals or less) • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 1 of 2 • Veterinary small animal out -patient clinic Studios: • Artist's studio • Photography studio • Studio for teaching any of the fine or liberal arts (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 2 of 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0976 Agenda Date: 11/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 AMEND §162.01 (Z) UNIT 25 OFFICES, STUDIOS AND RELATED SERVICES: AN ORDINANCE TO AMEND § 162.01 (Z) OFFICES, STUDIOS, AND RELATED SERVICES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ADD PERSONAL SERVICES WHEREAS, this amendment is to reduce the administrative burdens for business owners seeking to open businesses categorized as personal services in the Residential -Office zoning district, many multifamily and mixed use zoning districts, and Neighborhood Conservation zoning district; and WHEREAS, City Staff and the Planning Commission recommend approval of adding Personal Services to § 162.01(Z) Offices, Studios, and Related Services for Use Unit 25. 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 § 162.01(Z) Offices, Studios, and Related Services of the Fayetteville Unified Development Code by adding the following to the table at § 162.0 1 (Z)(2), which covers included uses within Use Unit 25, Offices, Studios and Related Services, also shown on the attached Exhibit A: "Personal services • Barber/Salon • Day care • Tailoring" City of Fayetteville, Arkansas Page 1 Printed on 111212022 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2022-0976 Legistar File ID 11/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2022 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: Approve ADM-2022-0047: Administrative Item: (Amend UDC Chapter 162 — Use Units): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to add personal services to Use Unit 25. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 1, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director CITY COUNCIL MEMO FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: October 14, 2022 SUBJECT: ADM-2022-0047: Administrative Item: (Amend UDC Chapter 162 — Use Units): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to add personal services to Use Unit 25. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code amending § 162.02, Establishment/Listing in Chapter 162, Use Units, to include personal services as a permitted use in Use Unit 25, the Use Unit for offices, studios, and related services. The proposed personal services are categorized as barber/salon, dry cleaning, day care, and tailoring. BACKGROUND: In the City of Fayetteville Unified Development Code (UDC), Use Units are categories of permitted or conditional uses in the established zoning districts. Use Unit 25, located in UDC Sec. 162.02(Z)(2), is the listing of uses permitted in the category of uses related to offices, studios, and related services. Use Unit 25 is a permitted use in the Residential Office (R-O), Neighborhood Commercial (C-1), Community Services (CS), Thoroughfare Commercial (C-2), Urban Thoroughfare (UT), Central Commercial (C-3), Downtown Core (DC), Main Street/Center (MSC), Downtown General (DG), Heavy Commercial and Light Industrial (1-1), and General Industrial (I- 2) zoning districts. Use Unit 25 requires a Conditional Use Permit in the Residential Multi -Family - Six (6) Units Per Acre (RMF-6), Residential Multi -Family - Twelve (12) Units Per Acre (RMF-12), Residential Multi - Family - Eighteen (18) Units Per Acre (RMF-18), Residential Multi -Family — Twenty -Four (24) Units Per Acre (RMF-24), and Residential Multi -Family - Forty (40) Units Per Acre (RMF-40), Neighborhood Services - Limited (NS-L), Neighborhood Services - General (NS-G), and Neighborhood Conservation (NC) zoning districts. Personal services in the UDC typically include the uses of day care, dry cleaning, salon/barber shop, and tailoring. Use Unit 25 does not currently permit these four uses, although its description reads, "Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales." The uses that are currently permitted in Use Unit 25 include professional offices, sales Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of supplies and equipment, auto parking garages, bail bonding agency, funeral home, insurance sales, small vet clinic, and artist's studio, among others. Use Unit 25 is permitted in the R-O zoning district. Use Unit 15, however, requires approval of a Conditional Use Permit (CUP). As Use Unit 15 includes personal services, it is the primary request made when a business owner would like to locate a salon, barbershop, dry cleaner, day care, or tailor in the R-O zoning district. The R-O zoning district at present comprises 407 acres and 595 parcels in the City of Fayetteville. The buildings and uses in the R-O zoning district are typically suitable for the type of supportive services that pair well with the primary office and studio uses in the zoning district. In 2021 two applicants for business licenses in R-O zoning districts, one a salon and one a barber shop, were required to have a CUP approved by the Planning Commission before their business license could be issued. So far in 2022 there was one CUP required for an aesthetician in an R-O zoning district, with potentially more applications for similar uses in the R- O zoning district pending. No public comment was received on any of the above -mentioned CUPs, and two were unanimously approved by the Planning Commission, with only one dissenting vote on the third. DISCUSSION: The purpose of this amendment is to reduce the administrative hurdles for business owners seeking to open businesses categorized as personal services in the R-O zoning district. While Use Unit 25 is permitted in several more zoning districts than the R-O zoning district, in many of those zoning districts Use Units 12a or 15 are also permitted, allowing for personal services via another use unit. In staff's review of the above mentioned CUPs and in additional review of the compatibility of day cares, dry cleaning establishments, salons, barbershops, and tailors with the uses currently listed in Use Unit 25, staff's consistent findings have been that the proposed uses are of a compatible type, size, and nature for zoning districts in which offices, studios, medical labs, and dental labs are permitted. The Planning Commission has consistently concurred, approving such CUP requests as recently as the October 10, 2022 meeting. The proposed amendment does not change allowed use or conditional use requirements for any of the established zoning districts. Use Unit 25 would still only be allowed with a CUP in the multi- family residential zoning districts, neighborhood services zoning districts, and Neighborhood Conservation zoning district, where the review for compatibility with surrounding uses and structures may continue to be prudent. Use Unit 25 would also continue to be allowed by right in most of the commercial and industrial zoning districts. At their September 26, 2022 meeting, the Planning Commission evaluated the amendment described above before forwarding to the City Council, recommending approval. Commissioner Canada made the motion to forward with Commissioner Madden providing the second. A vote of 8-0-0 followed. Staff provided information on environmental concerns and regulations for dry cleaning facilities in response to a question from the prior week's agenda session, and the question of whether massage therapy would be a permitted use was considered, but the Commissioners did not otherwise have questions or discussion on the item as it had been considered in the Long Range Planning Committee. No public comment was received. 2 BUDGET/STAFF IMPACT: N/A Attachments: • Proposed Ordinance — Exhibit "A" o §162.02, Establishment/Listing • Proposed Ordinance Amendment in Strikeout/Highlight o §162.02, Establishment/Listing EXHIBIT'A' ADM-2022-0047 162.01 Establishment/Listing (Z) Unit 25. Offices, Studios and Reloted Services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included Uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Personal services • Barber/Salon • Day care • Dry cleaning • Tailoring Professional office: • Accountant • Architect • Attorney • Broker • Engineer • Realtor Sale of supplies and equipment • Architecture, drafting, and art supplies • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (ten (10) animals or less) • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 1 of 2 • Veterinary small animal out -patient clinic Studios: • Artist's studio • Photography studio • Studio for teaching any of the fine or liberal arts (Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2-08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4-20- 10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. Noi. 5668, 3- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921, §§2, 3, 11-1-16; Ord. No. 5945, §§10-14, 1-17-17; Ord. No. 5990, §1, 8-1-17; Ord. No. 6245, §3, 10-15-19; Ord. No. 6427, §§1(Exh. D), 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." (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 2 of 2 162.01 Establishment/Listing (Z) Unit 25. Offices, Studios and Related Services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included Uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Personal services • Barber/Salon • Day care • Dry cleaning • Tailoring Professional office: • Accountant • Architect • Attorney • Broker • Engineer • Realtor Sale of supplies and equipment • Architecture, drafting, and art supplies • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (ten (10) animals or less) • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency • Veterinary small animal out -patient clinic Studios: • Artist's studio • Photography studio (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 1 of 2 • Studio for teaching any of the fine or liberal arts (Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2-08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4-20- 10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. Noi. 5668, 3- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921, §§2, 3, 11-1-16; Ord. No. 5945, §§10-14, 1-17-17; Ord. No. 5990, §1, 8-1-17; Ord. No. 6245, §3, 10-15-19; Ord. No. 6427, §§1(Exh. D), 2, 4-20-21) Editor's notes) -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." (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 2 of 2 EXHIBIT 'A' ADM-2022-0047 162.01 Establishment/Listing (Z) Unit 25. Offices, Studios and Related Services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included Uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Personal services • Barber/Salon • Day care • Dry cleaning • Tailoring Professional office: • Accountant • Architect • Attorney • Broker • Engineer • Realtor Sale of supplies and equipment • Architecture, drafting, and art supplies • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (ten (10) animals or less) • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 1 of 2 • Veterinary small animal out -patient clinic Studios: • Artist's studio • Photography studio • Studio for teaching any of the fine or liberal arts (Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2-08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4-20- 10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. Noi. 5668, 3- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921, §§2, 3, 11-1-16; Ord. No. 5945, §§10-14, 1-17-17; Ord. No. 5990, §1, 8-1-17; Ord. No. 6245, §3, 10-15-19; Ord. No. 6427, §§1(Exh. D), 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." (Supp. No. 25) Created: 2022-07-06 12:48:48 [EST] Page 2 of 2 NORTHWEST ARKANw Democrat ViWe& AFFIDAVIT OF PUBLICATION 1, Paola Lopez, 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 1 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 — Clerks Office Ord. 6624 Was inserted in the Regular Edition on: November 6, 2022 Publication Charges:11115.52 PaoPao a�G� Subscribed and sworn to before me This 7 day of N'py/ , 2022. Notary Public j My Commission Expires: Z/ 2a / Z4 **NOTE** Please do not pay fiom Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC—ARKANSAS My Commission Expires 02-20.2024 Commission No. 12397118 Ordtaana: 6624 File Number. 2022-0076 AMEND 0162.01 (Z) UNIT 25 OFFICES, STUDIOS AND RELATED SERVICES: AN ORDINANCE TO AMEND $ 16201(Z) OFFICES, STUDIOS, AND RELATED SERVICES OF THE FAYEfTEVILLE UNIFIED DEVELOPMENTCODETOADD PERSONAL SERVICES WHEREAS, this anendmat is to .duce Ne edmfnswum burdens for b.n. owan reeking to open businesms wcegarittd a penonel services in the Residcmial-0rao owing di"n", many multi@mil' end mixed use zoning districts. and Neighborhood Conservaion mning disssin'. end WHEREAS, City SW adthe Planning Commission recommend eppmv! of adding Postal Services to 4162.01(Z) Offica. studio; end RekNd Service for Ua Una25. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. Sation 1: Tha she City Council of the City of FWonevillc, Adtalses he dly wands 1162.01(Z) Omar, Sbidiun, ad Rcland Services of the FWaaeville Unified Developn at Cade by adding the fallowing to the bible d § 162.0 t (Zx2), which coven included uses within Use Unit 25, Omas, Sbidas end Relaed Services, also shown on the anechad Exhibit A: •Penmbii service •Babaswon Dry art •Tulonrq- PASSEDandAPPROVEDan 11/12022 Appsovcd: Lioxld Jordon, Mnyor Altai K. Pods, City Clerk Twos. This Nb ica. win paid for by the City Clete-Treaumr ofthe City of Fayetle011 , Arkalsns. An ours paid: S 115.52 75620035 Nov 6,2022