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
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Kara Paxton, City Clerk Treasurer '... y
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Page 2 Printed on 1lIV22
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