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:
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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
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Matter of. ORD 6677
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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
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ORD 6677
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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