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HomeMy WebLinkAboutOrdinance 6677113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6677 File Number: 2023-950 UDC §157 - NOTICE OF ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS (AMENDMENT): AN ORDINANCE TO AMEND § 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS WHEREAS, § 157.11 of the Unified Development Code provides a method of determining the official approval date of Large Site Improvement Plans but not any other development application types; and WHEREAS, for purposes of consistency and to ensure both the applicant and the public are clearly informed the Unified Development Code should be amended to include a uniform final approval date for administratively approved development applications. 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 repeals § 157.11(E) regarding public notification of approval of Large Site Improvement Plans. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 157.12 as follows: "157.12 Public Notification of Administratively Approved Development Applications The Planning Division's administrative approval of an application under any of the development categories listed in § 166.01(B) and (C) shall be placed as an informational item on the final agenda of the Planning Commission, and the date of the Planning Commission meeting shall constitute the official date of approval by the Zoning and Development Administrator regarding the development application. The date of the Planning Commission meeting shall also constitute the date of the final action taken for purposes of appeals." PASSED and APPROVED on August 15, 2023 Page 1 Ordinance: 6677 File Number. 2023-950 Attest: zzv`: �ITY�;^.-V, —� Kara Paxton, City C I • Treasurer Y:: • . ; i (ll • ,Q ZVI �O. /Il`Nl \"%%�� Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 15, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-950 FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: Ordinance to Amend UDC Chapter 157 - Public Notification of Administratively Approved Developments RECOMMENDATION: Councilmember Turk is sponsoring an ordinance to amend Chapter 157 to provide a uniform final approval date for administratively approved development applications. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Amend Ch. 157 - Public Notification of Administrative Approval of Developments - Approved for Agenda Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-950 Ordinance to Amend UDC Chapter 157 - Public Notification of Administratively Approved Developments AN ORDINANCE TO AMEND § 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS WHEREAS, § 157.11 of the Unified Development Code provides a method of determining the official approval date of Large Site Improvement Plans but not any other development application types; and WHEREAS, for purposes of consistency and to ensure both the applicant and the public are clearly informed the Unified Development Code should be amended to include a uniform final approval date for administratively approved development applications. 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 repeals § 157.11(E) regarding public notification of approval of Large Site Improvement Plans. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 157.12 as follows: "157.12 Public Notification of Administratively Approved Development Applications The Planning Division's administrative approval of an application under any of the development categories listed in § 166.01(B) and (C) shall be placed as an informational item on the final agenda of the Planning Commission, and the date of the Planning Commission meeting shall constitute the official date of approval by the Zoning and Development Administrator regarding the development application. The date of the Planning Commission meeting shall also constitute the date of the final action taken for purposes of appeals." Page 1 Civic Clerk Item No.: 2023-950 AGENDA REQUEST FORM FOR: Council Meeting of August 15, 2023 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS APPROVED FOR AGENDA: Approved by email July 24, 2023 City Council Member Teresa Turk S" A 41 July 24, 2023 Senior Assistant eity Attorney Blake Pennington Approved as to form ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS WHEREAS, § 157.11 of the Unified Development Code provides a method of determining the official approval date of Large Site Improvement Plans but not any other development application types; and WHEREAS, for purposes of consistency and to ensure both the applicant and the public are clearly informed the Unified Development Code should be amended to include a uniform final approval date for administratively approved development applications. 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 repeals § 157.11(E) regarding public notification of approval of Large Site Improvement Plans. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 157.12 as follows: "157.12 Public Notification of Administratively Approved Development Applications The Planning Division's administrative approval of an application under any of the development categories listed in § 166.01(B) and (C) shall be placed as an informational item on the final agenda of the Planning Commission, and the date of the Planning Commission meeting shall constitute the official date of approval by the Zoning and Development Administrator regarding the development application. The date of the Planning Commission meeting shall also constitute the date of the final action taken for purposes of appeals." lul OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams Gty .4ttoI-)IeV TO: Mayor Jordan Blake Pennington City Council Assistant Cit), Attorney Jodi Batker CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Blake Pennington, Senior Assistant City Att DATE: July 24, 2023 RE: Amendment to Chapter 157 Councilmember Turk is sponsoring an ordinance amending Chapter 157 of the Unified Development Code to codify a uniform "final action" date for administratively approved development applications. These include lot splits, large site improvement plans, and small site improvement plans. Section 157.11 provides this for large site improvement plans, but not the other two development application types. Property owners and residents near these projects receive notice that an application has been submitted but, because there is no required public hearing, they may find out much later that a project has been administratively approved. Planning Division staff have always included a list of administratively approved projects at the end of Planning Commission agendas as a form of public notification so there should be no staff or budget impact. Using the Planning Commission meeting as the date of the "final action" will also help make the appeal process more transparent for both applicants and members of the public. This amendment does not include administratively approved property line adjustments, which have no impact on City infrastructure, or modifications to previously approved projects. Pennington, Blake From: Turk, Teresa Sent: Monday, July 24, 2023 8:57 AM To: Pennington, Blake Subject: Re: Amendment to Ch. 157 - Notification of Administratively Approved Items Perfect! This looks great and thank you for work on this issue. Teresa From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Monday, July 24, 2023 8:50 AM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: RE: Amendment to Ch. 157 - Notification of Administratively Approved Items Certainly. How does this sound? "The Planning Division's administrative approval of an application under any of the development categories listed in § 166.01(B) and (C) shall be placed as an informational item on the final agenda of the Planning Commission, and the date of the Planning Commission meeting shall constitute the official date of approval by the Zoning and Development Administrator regarding the development application. The date of the Planning Commission meeting shall also constitute the date of the final action taken for purposes of appeals." The language "the date of the final action taken" is straight from Section 155.02: "Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action taken." Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bDenninatonafavetteville-ar.aov Direct: 479.575.8312 www.favetteville-ar.gov FAYETTEVILLE ARKANSAS From: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Sent: Monday, July 24, 2023 8:44 AM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Re: Amendment to Ch. 157 - Notification of Administratively Approved Items Hi Blake, Thank you very much for drafting this clarification to our UDC. I am wondering if adding an additional sentence to further clarify that if an appeal is initiated, the start date of the appeal is the date the PC agenda is published? Or is there a reference to the 10 day start for an appeal that can be cited in this section? I want to make this crystal clear to the public. Thanks for your thoughts and consideration, Teresa From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Friday, July 21, 2023 11:24 AM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: Amendment to Ch. 157 - Notification of Administratively Approved Items Teresa, Attached is a draft ordinance for your consideration which would codify the City's existing practice. Basically, it would require the administrative approval of lot splits, final plats, large site improvement plans, and small site improvement plans to be published in the Planning Commission agenda (as they have always been) and makes the date of the Planning Commission meeting the official approval date for purposes of appeals. The rest of the applications under 166.01(B) and (C), which include preliminary plats, concurrent plats, large scale developments, and concept plans, have to go to the subdivision committee or Planning Commission for final approval. Variances always have to go to the Planning Commission even if the underlying project can be approved administratively. I suggest excluding 166.01(A) Property line adjustments and 166.01(D) Modifications which have never been published in the planning commission agenda and have never been the subject of any controversy in the time I've been here. Property line adjustments will always retain the same number of lots and we are not able to ask for any dedication of right of way or other improvements since there is no impact to the City's infrastructure by moving the property line. Minor modifications are done primarily for things like moving doors or slight variations in building placement. Staff approves probably hundreds of these each year. Major modifications are more significant changes to projects and the approval of these is tied to the approval process of the underlying project. So if a large site improvement plan is approved by staff, then a major modification to an LSIP would also be approved by staff. If an LSIP is approved by staff but appealed to the Planning Commission and approved there, then the major modification would go to the Planning Commission. Very few of these are done administratively and there really aren't that many that end up at the Planning Commission either. I look forward to your feedback and am glad to answer any questions. Thanks, Blake Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington(cD-fayetteville-ar.gov Direct: 479.575.8312 www.favetteville-ar.gov WOM FAYETTEVILLE ARKANSAS Form v1 28 med '�ia A WEHCO MEDIA COMPANY Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI Ad number #: 316137 PO #: Matter of. ORD 6677 RECEDE® AUG 212023 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE AFFIDAVIT • STATE OFARKANSAS • COUNTY OF WASHINGTON I, Carla Gardner, do solemnly swear that I am the Finance Director of the Northwest Arkansas Democrat Gazette, a daily newspaper printed and published in said county, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6677 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. And that there is due or has been paid the Northwest Arkansas Democrat Gazette for publication the sum of $124.80. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 08119123; NWA nwaonline.com 08119123 <� < j7 Finance Director NOTARY PUBLIC CATHERINE STACGS MY COMMISSION # 12402772 EXPIRES: February 28, 2025 " Washington County 0 Ordinance: 6677 File Number: 2023-950 UDC §157 - NOTICE OF AD- MINISTRATIVELY APPROVED DE- VELOPMENT APPLICATIONS (AMENDMENT): AN ORDINANCE TO AMEND §157 NOTIFICATION AND PUB- LIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS WHEREAS, § 157.11 of the Unified Development Code pro- vides a method of determining the official approval date of Large Site Improvement Plans but not any other development application types; and WHEREAS, for purposes of consistency and to ensure both the applicant and the public are clearly informed the Unified De- velopment Code should be amended to include a uniform final approval date for adminis- tratively approved development applications. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 157.11(E) regarding public noti- fication of approval of Large Site Improvement Plans. Section 2: That the City Coun- cil of the City of Fayetteville, Arkansas hereby enacts § 157.12 as follows: "157.12 Public Notification of Administratively Approved De- velopment Applications The Planning Division's ad- ministrative approval of an ap- plication under any of the development categories listed in § 166.O1(B) and (C) shall be placed as an informational item on the final agenda of the Plan- ning Commission, and the date of the Planning Commission meeting shall constitute the of- ficial date of approval by the Zoning and Development Ad- ministrator regarding the devel- opment application. The date of the Planning Commission meet- ,.. —if •1..--if„fn +H. -f. RECEIVED AUG 212023 CITY OF FAYETTDALLE CLERKS OFFICF