HomeMy WebLinkAboutOrdinance 6751113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6751
File Number: 2024-56
ADM INISTRATIVE-2024-0019: (AMEND UDC CHAPTERS 166.04):
AN ORDINANCE TO AMEND § 166.04(B)(4)(L) PARKLAND DEDICATION OF THE UNIFIED
DEVELOPMENT CODE TO MODIFY THE APPLICABILITY SECTION FOR PARKLAND DEDICATION
REQUIREMENTS
WHEREAS, in 2021, City Council passed a sweeping amendment to the Unified Development Code intended to
revamp drainage and development standards, with a secondary objective of incentivizing infill; and
WHEREAS, in the intervening period since 2021, staff audited the outcomes of these changes, and has identified
several areas that would benefit from revision and clarification; and
WHEREAS, an immediate concern is the potential and actual loss of parkland dedication fees -in -lieu on projects not
requiring additional site plan review because they are not creating more than 10,000 square feet of new impervious
surface.
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 § 166.04(B)(4)(1) of the Unified
Development Code regarding parkland dedication and enacts a replacement § 166.04(B)(4)(1) as shown in Exhibit A
attached to this Ordinance.
PASSED and APPROVED on May 21, 2024
Attest: �o11111111111. 4�'''
A '.,�
=�� FAYETT EVILLE
Kara Paxton, City Clerk Treasurer ��:• 9 c� ;
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount
Paid: $ 111, Oq
Page 1
EXHIBIT'A'
UDC 166.04(B)(4) — PROPOSED CHANGES (CLEAN)
166.04 Required Infrastructure Improvements — Development In City Limits
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(4) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan.
(1) Parkland Dedication.
(i) Applicability. The requirements of this subsection shall apply to development that creates one
(1) or more additional lots upon which residential dwelling units may be constructed and to
development on an existing lot to create one (1) or more additional residential dwelling units.
(ii) Residential Development.
(a) Dedication or Fee -in -Lieu. When a proposed residential development does not
provide an area or areas for a public park based on the most recent Fayetteville
Park and Recreation System Master Plan, the developer shall be required to
make a reasonable dedication of land for public park facilities, or to make a
reasonable equivalent contribution in lieu of dedication of land, such contribution
to be used for the acquisition and development of park land that serves the
subdivision or development.
(b) Parks, Natural Resources and Cultural Affairs Advisory Board. Prior to the
submittal of a preliminary plat, large scale development plan, or large site
improvement plan the developer shall submit to the Parks, Natural Resources
and Cultural Affairs Advisory Board a conceptual development plan. If land
dedication is being requested by the developer, a small site improvement plan
shall also be submitted to the Parks, Natural Resources and Cultural Affairs
Advisory Board.
(c) Planning Commission. The developer and the Parks, Natural Resources and
Cultural Affairs Advisory Board shall make a joint recommendation to the
Planning Commission as to the land dedication or contribution in lieu of
dedication for a preliminary plat or large scale development. With the agreement
of the Parks, Natural Resources and Cultural Affairs Advisory Board and
developer, dedication or fee -in -lieu associated with small or large site
improvement plans subject to administrative approval shall be accepted as a
condition of approval. In the event that they are unable to agree, the developer
and advisory board shall make separate recommendations to the Planning
Commission who shall determine the issue.
(d) Decision. If the developer proposes to dedicate land for a public park after
consultation with the Parks, Natural Resources and Cultural Affairs Advisory
Board which the Planning Commission determines is suitable for park purposes,
the proposed dedication shall be accepted. Upon consent and consultation with
the developer and the Parks, Natural Resources and Cultural Affairs Advisory
Board , a developer may dedicate a portion of the required park land dedication
and make a contribution of money in lieu of land dedication for the remaining park
land dedication requirement. This monetary contribution may be used to develop
the park land in the development or elsewhere within the quadrant consistent with
the most recent Fayetteville Park and Recreation System Master Plan.
(e) Approval. The Planning Commission's decision must be incorporated into the
developer's preliminary plat or large scale development. Dedication or fee -in -lieu
associated with small or large site improvement plans or other plans subject to
administrative approval must also be incorporated into the developer's final
approval.
EXHIBIT'A'
UDC 166.04(B)(4) — PROPOSED CHANGES (CLEAN)
(f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for
each single-family dwelling unit and 0.020 acres of land for each multi -family
dwelling unit.
(g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made
according to the following formula:
$1,089.00 for each single-family unit.
$952.00 for each multi -family unit.
The Parks, Natural Resources and Cultural Affairs Department shall review the
contribution formula every two (2) years and make recommendations to the City
Council following such review.
(h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds
the requirement of this subsection, the developer shall make a written request to
the Planning Commission who may grant the developer a credit equivalent to
said excess. Said credit shall be applied toward the developer's obligation under
this subsection for any subsequent development located in the same park
quadrant.
(iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city
signs the final plat or issues building permits for developments that create one (1) or more
additional residential dwelling unit. A final plat shall not be released for recordation until the
deed for a land dedication is received. Deeded land is dedicated public park land and not
subject to any right of reversion or refund. A cash contribution in lieu of required land
dedication shall be payable before the city signs the final plat, or issues building permits for a
development that creates one (1) or more additional residential dwelling units. With the
approval of the Planning Commission a developer may pay such contribution in three (3)
equal installments to be paid in full within one (1) year of final plat approval. If a developer
makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro
rata refund, together with the accrued interest therefrom, in the event actual density is less
than the density used as the basis for the developer's contribution; provided, no refund shall
be made unless application therefore is made in writing to the Zoning and Development
Administrator within one (1) year from the date of final plat approval. In the event actual
density is more than the density used as the basis for a dedication of land or case
contribution the developer must make an additional land dedication or contribution in lieu of
dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding area
shall not be subject to POA/HOA dues or other fees established for maintenance or other
purposes within the neighborhood.
(v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in
an interest bearing account. This money together with its earned interest shall be expended
within five (5) calendar years of the last date of the calendar year in which it was received for
the acquisition and/or development of parkland that services the subdivision or development
for which the contribution in lieu of dedication was made. If this money has not been
expended within the allowed period, the unexpended money together with any of its
remaining earned interest shall be refunded to the present owner of the property that was the
subject of the new development and against which the parkland fee was assessed and
collected.
(Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord.
No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12;
Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19;
Ord. No. 6350, §3(Exh. B), 8-18-20; Ord. No. 6426, §1, 4-6-21; Ord. No. 6446, §8(Exh. C), 6-15-21)
UDC 166.04(B)(4) — PROPOSED CHANGES (STRIKETHROUGH)
166.04 Required Infrastructure Improvements — Development In City Limits
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(4) Preliminary/Final/Concurrent Plat; Large Scale Development, Large or Small Site Improvement Plan.
(1) Parkland Dedication.
(i) Applicability. The requirements of this subsection shall apply to development that creates one
(1) or more additional lots upon which residential dwelling units may be constructed and to
development on an existing lot to create one (1) or more additional residential dwelling units.
SGale site impreverReRt plaRS, A-.nd- small sr --ale site OMPFGVeFReRt plaRS; previd-ed- that the -se
requiremeRtS shall Ret apply to a lot split er sulbdivis'An that dAps nnt nre
Development Codca
(ii) Residential Development.
(a) Dedication or Fee -in -Lieu. When a proposed residential development does not
provide an area or areas for a public park based on the Fayetteville Parks and
o^^r^.,+;^ Pl;; most recent Fayetteville Park and Recreation System Master
Plan, the developer shall be required to make a reasonable dedication of land for
public park facilities, or to make a reasonable equivalent contribution in lieu of
dedication of land, such contribution to be used for the acquisition and
development of park land that serves the subdivision or development.
(b) Parks, Natural Resources and Cultural Affairs Advisory Board. Park ;;p J
di"�seiy Beard. Prior to the submittal of a preliminary plat, large scale
development plan, or large site improvement plan the developer shall submit to
the Parks, Natural Resources and Cultural Affairs Advisory Board PaFks ^^d
RpnrpAt'An Adt ice r Beard a ^ ept plot er conceptual development plan. If
land dedication is being requested by the developer, a small site improvement
plan shall also be submitted to the Parks. Natural Resources and Cultural Affairs
Advisory Board
(c) Planning Commission. The developer and the Darks and p^^reation Advise
Beard Parks, Natural Resources and Cultural Affairs Advisory Board shall make a
joint recommendation to the Planning Commission as to the land dedication or
contribution in lieu of dedication for a preliminary plat or large scale
development.-
With the agreement of the Parks,
Natural Resources and Cultural Affairs Advisory Board and developer, dedication
or fee -in -lieu associated with small or large site improvement plans subject to
administrative approval shall be accepted as a condition of approval. In the event
that they are unable to agree, the developer and advisory board shall make
separate recommendations to the Planning Commission who shall determine the
issue.
(d) Decision. If the developer proposes to dedicate land for a public park after
consultation with the Paris and D^r.rP;;t'An nrIv'.,; ,r„ Beard Parks, Natural
Resources and Cultural Affairs Advisory Board which the Planning Commission
determines is suitable for park purposes, the proposed dedication shall be
accepted. Upon consent and consultation with the developer and the- Parks,
Natural Resources and Cultural Affairs Advisory Board Parks and- po,.ro. tiOR
Adv+seryBeard, a developer may dedicate a portion of the required park land
dedication and make a contribution of money in lieu of land dedication for the
remaining park land dedication requirement. %^I'th ^^nspnt Af the Parks and
UDC 166.04(B)(4) — PROPOSED CHANGES (STRIKETHROUGH)
Qo^ro^+•^., Ad ^n, Board, +This monetary contribution may be used to develop
the park land in the development or elsewhere within the quadrant consistent with
the Fayetteville Parks arld Regreatio , PIAA most recent Fayetteville Park and
Recreation System Master Plan.
(e) Approval. The Planning Commission's decision must be incorporated into the
developer's preliminary plat or; large scale development.,, or
Dedication or fee -in -lieu
associated with small or large site improvement plans or other plans subject to
administrative approval must also be incorporated into the developer's final
approval.
(f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for
each single-family dwelling unit and 0.020 acres of land for each multi -family
dwelling unit.
(g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made
according to the following formula:
$1,089.00 for each single-family unit.
$952.00 for each multi -family unitbased UPOR aGtUal density.
The Parks, Natural Resources and Cultural Affairs arld l7o^reation Department shall
review the contribution formula every two (2) years and make recommendations to the
City Council following such review.
(h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds
the requirement of this subsection, the developer shall make a written request to
the Planning Commission who may grant the developer a credit equivalent to
said excess. Said credit shall be applied toward the developer's obligation under
this subsection for any subsequent development located in the same park
quadrant.
(iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city
signs the final plat; or ;sGa issues ef-building permits- for developments that create one
(1) or more additional residential dwelling unit.
^^+ Wa4; A final plat shall not be released for recordation until the deed for a land
dedication is received. Deeded land is dedicated public park land and not subject to any right
of reversion or refund. A cash contribution in lieu of required land dedication ,+^„ R
shall be payable before the city sigefeg- igns the final plat, or 08861anGe issuesef building
permits for a large SGale development or large site improvement plaa development that
creates one (1) or more additional residential dwelling units. With the approval of the pIaRRiRg
Planning ser is-si Qommission a developer may pay such contribution in three (3) equal
installments to be paid in full within one (1) year of final plat approval. If a developer makes a
cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata
refund, together with the accrued interest therefrom, in the event actual density is less than
the density used as the basis for the developer's contribution; provided, no refund shall be
made unless application therefore is made in writing to the Zoning and Development
Administrator within one (1) year from the date of final plat approval. In the event actual
density is more than the density used as the basis for a dedication of land or case
contribution the developer must make an additional land dedication or contribution in lieu of
dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding area
shall not be subject to POA/HOA dues or other fees established for maintenance or other
purposes within the neighborhood.
(v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in
an interest bearing account. This money together with its earned interest shall be expended
within five (5) calendar years of the last date of the calendar year in which it was received for
the acquisition and/or development of parkland that services the subdivision or development
for which the contribution in lieu of dedication was made. If this money has not been
expended within the allowed period, the unexpended money together with any of its
UDC 166.04(B)(4) — PROPOSED CHANGES (STRIKETHROUGH)
remaining earned interest shall be refunded to the present owner of the property that was the
subject of the new development and against which the parkland fee was assessed and
collected.
(Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord.
No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12;
Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19;
Ord. No. 6350, §3(Exh. B), 8-18-20; Ord. No. 6426, §1, 4-6-21; Ord. No. 6446, §8(Exh. C), 6-15-21)
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 21, 2024
CITY COUNCIL MEMO
2024-56
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: ADM-2024-0019: Administrative Item (Amend UDC Chapters 166.04, Parkland
Dedication): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an
amendment to 166.04(B)(4)(1) Parkland Dedication. The proposed code changes
would modify the applicability section for Parkland Dedication requirements.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to the Unified Development
Code amending §166.04(B)(4)(1) Parkland Dedication as described in the attached Exhibit'A'.
BACKGROUND:
In 2021, Fayetteville City Council passed a sweeping amendment to the Unified Development Code intended
to revamp drainage and development standards, with a secondary objective of incentivizing infill. Through
these changes, the basis for a project to receive an additional site plan review, either through a site
improvement plan or a large scale development, was shifted to the amount of proposed imperviousness and
the size of the overall site in question. In the intervening period since 2021, staff audited the outcomes of these
changes, and has identified several areas that require revision and clarification. While additional ordinance
changes are still being considered by the Long -Range Planning Committee of the Planning Commission, an
immediate concern was raised given the potential and actual loss of parkland dedication fees -in -lieu.
DISCUSSION:
The requirement to dedicate parkland with the development of a residential project was originally adopted by
City Council in 1981 (Ordinance 2695) and reaffirmed with the adoption of the Unified Development Code in
1998 (Ordinance 4100). While minor changes have occurred to clarify the ordinance requirements throughout
the years, the intention to capture the impact of new residential units on the City's Park system has not
changed. Parkland dedication can also be met through the payment of fees -in -lieu of land.
Currently, parkland dedication requirements are specifically tied to project type in ordinance. Since 2021,
development project types are dependent upon the amount of added impervious surface and no longer tied to
unit counts or use specifically. With this change, staff now recognizes that many residential projects that would
have previously been subject to a small site improvement plan, large site improvement plan, or large scale
development, and therefore subject to parkland dedication, are no longer classified in this manner. As a result,
they may also not be subject to parkland dedication or fees in -lieu. While a number is difficult to confirm, staff
estimates that this has potentially resulted in at least $20,000 worth of fees -in -lieu that have not been collected.
Given the larger scale of impending projects for review and possible approval within the next calendar year,
staff estimates the potential for closer to $250,000 in uncollected fees or equivalent parkland dedication based
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
on an anticipated number of units.
Staff recommend an amendment to the applicability section that decouples the parkland dedication
requirement from a specific project type, and instead ties that parkland dedication requirement to any project
that proposes to add one (1) or more residential dwelling unit to a site. Staff finds that this would help absorb
the impact of additional residents to Fayetteville on the Parks system and maintain the integrity of the intent of
the ordinance as adopted over 40 years ago.
At the April 18th agenda session for the Planning Commission's April 22nd meeting, the City Attorney's office
issued a memo expressing concerns with staff's original language. Text changes were proposed to ensure that
the applicability section adequately covered both the development of additional residential lots, and the
development of additional residential dwelling units to lots that have already been created. In the interim, staff
and the City Attorney's office met and modified the text to incorporate their concerns. The attachments reflect
the modified version of the ordinance.
At the April 22, 2024 Planning Commission meeting, Commissioners unanimously voted to forward the
proposed ordinance changes to the City Council with a recommendation of approval. Commissioner Madden
made the motion, which was seconded by Commissioner Werner. Commissioners asked for clarification
regarding the changes that occurred to the proposed ordinance between agenda session and the meeting
itself, specifically with regards to the interpretation of the word "development." Staff clarified that the language
was written to be broad enough that staff could make a reasonable interpretation of the applicability. One
Commissioner also asked whether accessory dwelling units would be subject to parkland dedication fees, and
staff clarified that current interpretation of existing ordinance suggests that ADUs do not contribute parkland
dedication and anticipated that the interpretation would remain the same with the proposed changes. No
members of the public spoke at the meeting. One member of the public provided a written comment prior to the
meeting, which is included in the attached report.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A - Proposed Ordinance (#4), Strikethrough Changes (#5), Planning
Commission Staff Report (#6)
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 #: 2024-56
ADM-2024-0019: Administrative Item (Amend UDC Chapters 166.04, Parkland Dedication):
Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to
166.04(B)(4)(1) Parkland Dedication. The proposed code changes would modify the applicability
section for Parkland Dedication requirements.
AN ORDINANCE TO AMEND § 166.04(B)(4)(1) PARKLAND DEDICATION OF THE UNIFIED
DEVELOPMENT CODE TO MODIFY THE APPLICABILITY SECTION FOR PARKLAND
DEDICATION REQUIREMENTS
WHEREAS, in 2021, City Council passed a sweeping amendment to the Unified Development Code
intended to revamp drainage and development standards, with a secondary objective of incentivizing
infill; and
WHEREAS, in the intervening period since 2021, staff audited the outcomes of these changes, and has
identified several areas that would benefit from revision and clarification; and
WHEREAS, an immediate concern is the potential and actual loss of parkland dedication fees -in -lieu
on projects not requiring additional site plan review because they are not creating more than 10,000
square feet of new impervious surface.
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 § 166.04(B)(4)(1)
of the Unified Development Code regarding parkland dedication and enacts a replacement §
166.04(B)(4)(1) as shown in Exhibit A attached to this Ordinance.
Page 1
City of Fayetteville Staff Review Form
2024-56
Item ID
5/21/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 5/3/2024 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2024-0019: Administrative Item (Amend UDC Chapters 166.04, Parkland Dedication): Submitted by CITY OF
FAYETTEVILLE STAFF. The request is an amendment to 166.04(B)(4)(1) Parkland Dedication. The proposed code
changes would modify the applicability section for Parkland Dedication requirements.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$ -
fi
Previous Ordinance or Resolution #
Approval Date:
V20221130
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
P111-11W ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: April 22, 2024 Updated with results from April 22, 2024 PC Meeting
SUBJECT: ADM-2024-0019: Administrative Item (Amend UDC Chapters 166.04,
Parkland Dedication): Submitted by CITY OF FAYETTEVILLE STAFF.
The request is an amendment to 166.04(B)(4)(1) Parkland Dedication.
The proposed code changes would modify the applicability section for
Parkland Dedication requirements.
RECOMMENDATION:
Staff recommend forwarding ADM-2024-0019 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"1 move to forward ADM-2024-0019 to the City Council with a recommendation of approval."
APRIL 18, 2024 AGENDA SESSION:
At the agenda session prior to this meeting, the City Attorney's office issued a memo with some
concerns and proposed text changes to ensure that the applicability section adequately covered
both the development of additional residential lots, and the development of additional residential
dwelling units to lots that have already been created. In the interim, staff and the City Attorney's
office met and modified the text to incorporate their concerns. The attachments reflect the
modified version of the ordinance.
BACKGROUND:
In 2021, Fayetteville City Council passed a sweeping amendment to the Unified Development
Code intended to revamp drainage and development standards, with a secondary objective on
incentivizing infill. Through these changes, the requirement for a project to receive an additional
site plan review, either through a site improvement plan or a large scale development, was
shifted solely to a basis on the addition of 10,000 sq. ft. of impervious surface to a property, and
the size of the overall site in question. In the intervening period since 2021, staff have audited
the outcomes of these changes, and have identified several areas that require revision and
clarification. While additional ordinance changes are still being considered by the Long -Range
Planning Committee and the Planning Commission, an immediate concern was raised given the
potential and actual loss of parkland dedication fees -in -lieu.
DISCUSSION:
The requirement to dedicate parkland with the development of a residential project was
originally adopted by City Council in 1981 (Ordinance 2695) and was ultimately reaffirmed with
the adoption of the Unified Development Code in 1998 (Ordinance 4100). Minor changes have
also occurred to clarify the ordinance requirements throughout the years, though the intention to
capture impact of new residential units on the City's Park system has not changed. Parkland
dedication can also be met through the payment of fees -in -lieu of land.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Currently, parkland dedication requirements are specifically tied to project type in ordinance.
Since 2021, development project types are dependent upon the amount of added impervious
surface, and no longer tied to unit counts or use specifically. With this change, staff recognizes
that many residential projects that would have previously been subject to a small site
improvement plan, large site improvement plan, or large scale development are no longer
classified in this manner, which can have the unexpected result of lost parkland dedication fees -
in -lieu. While an associated number is difficult to track, staff estimates that this has potentially
resulted in at least $20,000 worth of fees -in -lieu that have not been collected. Given the larger
scale of impending projects for review and possible approval within the next calendar year, staff
estimates the potential for closer to $250,000 in uncollected fees based on an anticipated
number of units.
Staff recommend an amendment to the applicability section that decouples the parkland
dedication requirement from a specific project type, and instead ties that parkland dedication
requirement to any project that proposes to add one (1) or more residential dwelling unit to a
site. Staff finds that this would help absorb the impact of additional residents to Fayetteville on
the Parks system and maintain the integrity of the intent of the ordinance as adopted over 40
years ago.
RECOMMENDATION: Staff recommend forwarding ADM-2024-0019 to City Council with a
recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: April 22, 2024 O Tabled [711 Forwarded O Denied
with a
Motion: Madden recommendation of
Second: Werner approval.
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• UDC §166.04(B)(4)(1) — Parkland dedication - Current Regulations
• Proposed Ordinance, Clean
o §166.04(B)(4)(1) — Parkland dedication
• Proposed Ordinance, Strike -through
o §166.04(B)(4)(I) — Parkland dedication
• City Attorney Memo
Public comment
UDC 166.04(B)(4) — CURRENT REGULATIONS
166.04 Required Infrastructure Improvements — Development In City Limits
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(4) Preliminary/Final/Concurrent Plat, Large Scale Development; Large or Small Site Improvement Plan.
(1) Parkland Dedication.
(i) Applicability. The requirements of this subsection shall apply to residential lot splits,
subdivisions, large scale developments, planned zoning districts, large scale site
improvement plans, and small scale site improvement plans; provided that these
requirements shall not apply to a lot split or subdivision that does not create one (1) or more
vacant lots on which a residential structure could be erected pursuant to the Unified
Development Code.
(ii) Residential Development.
(a) Dedication or Fee -in -Lieu. When a proposed residential development does not
provide an area or areas for a public park based on the Fayetteville Parks and
Recreation Plan, the developer shall be required to make a reasonable
dedication of land for public park facilities, or to make a reasonable equivalent
contribution in lieu of dedication of land, such contribution to be used for the
acquisition and development of park land that serves the subdivision or
development.
(b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary plat,
large scale development plan, or large site improvement plan the developer shall
submit to the Parks and Recreation Advisory Board a concept plat or plan.
(c) Planning Commission. The developer and the Parks and Recreation Advisory
Board shall make a joint recommendation to the Planning Commission as to the
land dedication or contribution in lieu of dedication. In the event that they are
unable to agree, the developer and advisory board shall make separate
recommendations to the Planning Commission who shall determine the issue.
(d) Decision. If the developer proposes to dedicate land for a public park after
consultation with the Parks and Recreation Advisory Board which the Planning
Commission determines is suitable for park purposes, the proposed dedication
shall be accepted. Upon consent and consultation with the developer and the
Parks and Recreation Advisory Board, a developer may dedicate a portion of the
required park land dedication and make a contribution of money in lieu of land
dedication for the remaining park land dedication requirement. With consent of
the Parks and Recreation Advisory Board, this monetary contribution may be
used to develop the park land in the development or elsewhere within the
quadrant consistent with the Fayetteville Parks and Recreation Plan.
(e) Approval. The Planning Commission's decision must be incorporated into the
developer's preliminary plat, large scale development, or large site improvement
plan prior to plat or plan approval.
(f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for
each single-family dwelling unit and 0.020 acres of land for each multi -family
dwelling unit.
(g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made
according to the following formula:
$1,089.00 for each single-family unit.
$952.00 for each multi -family unit based upon actual density.
UDC 166.04(B)(4) — CURRENT REGULATIONS
The Parks and Recreation Department shall review the contribution formula every two
(2) years and make recommendations to the City Council following such review.
(h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds
the requirement of this subsection, the developer shall make a written request to
the Planning Commission who may grant the developer a credit equivalent to
said excess. Said credit shall be applied toward the developer's obligation under
this subsection for any subsequent development located in the same park
quadrant.
Timing of Dedication and/or Contribution. All dedications of land must be made before the city
signs the final plat, or issuance of building permits for a large scale development or large site
improvement plan. A final plat shall not be released for recordation until the deed for a land
dedication is received. Deeded land is dedicated public park land and not subject to any right
of reversion or refund. A cash contribution in lieu of required land development shall be
payable before the city signing the final plat, or issuance of building permits for a large scale
development or large site improvement plan. With the approval of the planning commission a
developer may pay such contribution in three (3) equal installments to be paid in full within
one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land
dedication, the developer shall be entitled to a pro rata refund, together with the accrued
interest therefrom, in the event actual density is less than the density used as the basis for
the developer's contribution; provided, no refund shall be made unless application therefore
is made in writing to the Zoning and Development Administrator within one (1) year from the
date of final plat approval. In the event actual density is more than the density used as the
basis for a dedication of land or case contribution the developer must make an additional land
dedication or contribution in lieu of dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding area
shall not be subject to POA/HOA dues or other fees established for maintenance or other
purposes within the neighborhood.
(v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in
an interest bearing account. This money together with its earned interest shall be expended
within five (5) calendar years of the last date of the calendar year in which it was received for
the acquisition and/or development of parkland that services the subdivision or development
for which the contribution in lieu of dedication was made. If this money has not been
expended within the allowed period, the unexpended money together with any of its
remaining earned interest shall be refunded to the present owner of the property that was the
subject of the new development and against which the parkland fee was assessed and
collected.
(Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord.
No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12;
Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19;
Ord. No. 6350, §3(Exh. B), 8-18-20; Ord. No. 6426, §1, 4-6-21; Ord. No. 6446, §8(Exh. C), 6-15-21)
UDC 166.04(B)(4) — PROPOSED CHANGES (CLEAN)
166.04 Required Infrastructure Improvements — Development In City Limits
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(4) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan.
(1) Parkland Dedication.
(i) Applicability. The requirements of this subsection shall apply to development that creates one
(1) or more additional lots upon which residential dwelling units may be constructed and to
development on an existing lot to create one (1) or more additional residential dwelling units.
(ii) Residential Development.
(a) Dedication or Fee -in -Lieu. When a proposed residential development does not
provide an area or areas for a public park based on the most recent Fayetteville
Park and Recreation System Master Plan, the developer shall be required to
make a reasonable dedication of land for public park facilities, or to make a
reasonable equivalent contribution in lieu of dedication of land, such contribution
to be used for the acquisition and development of park land that serves the
subdivision or development.
(b) Parks, Natural Resources and Cultural Affairs Advisory Board. Prior to the
submittal of a preliminary plat, large scale development plan, or large site
improvement plan the developer shall submit to the Parks, Natural Resources
and Cultural Affairs Advisory Board a conceptual development plan. If land
dedication is being requested by the developer, a small site improvement plan
shall also be submitted to the Parks, Natural Resources and Cultural Affairs
Advisory Board.
(c) Planning Commission. The developer and the Parks, Natural Resources and
Cultural Affairs Advisory Board shall make a joint recommendation to the
Planning Commission as to the land dedication or contribution in lieu of
dedication for a preliminary plat or large scale development. With the agreement
of the Parks, Natural Resources and Cultural Affairs Advisory Board and
developer, dedication or fee -in -lieu associated with small or large site
improvement plans subject to administrative approval shall be accepted as a
condition of approval. In the event that they are unable to agree, the developer
and advisory board shall make separate recommendations to the Planning
Commission who shall determine the issue.
(d) Decision. If the developer proposes to dedicate land for a public park after
consultation with the Parks, Natural Resources and Cultural Affairs Advisory
Board which the Planning Commission determines is suitable for park purposes,
the proposed dedication shall be accepted. Upon consent and consultation with
the developer and the Parks, Natural Resources and Cultural Affairs Advisory
Board , a developer may dedicate a portion of the required park land dedication
and make a contribution of money in lieu of land dedication for the remaining park
land dedication requirement. This monetary contribution may be used to develop
the park land in the development or elsewhere within the quadrant consistent with
the most recent Fayetteville Park and Recreation System Master Plan.
(e) Approval. The Planning Commission's decision must be incorporated into the
developer's preliminary plat or large scale development. Dedication or fee -in -lieu
associated with small or large site improvement plans or other plans subject to
administrative approval must also be incorporated into the developer's final
approval.
UDC 166.04(B)(4) — PROPOSED CHANGES (CLEAN)
(f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for
each single-family dwelling unit and 0.020 acres of land for each multi -family
dwelling unit.
(g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made
according to the following formula:
$1,089.00 for each single-family unit.
$952.00 for each multi -family unit.
The Parks, Natural Resources and Cultural Affairs Department shall review the
contribution formula every two (2) years and make recommendations to the City
Council following such review.
(h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds
the requirement of this subsection, the developer shall make a written request to
the Planning Commission who may grant the developer a credit equivalent to
said excess. Said credit shall be applied toward the developer's obligation under
this subsection for any subsequent development located in the same park
quadrant.
(iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city
signs the final plat or issues building permits for developments that create one (1) or more
additional residential dwelling unit. A final plat shall not be released for recordation until the
deed for a land dedication is received. Deeded land is dedicated public park land and not
subject to any right of reversion or refund. A cash contribution in lieu of required land
dedication shall be payable before the city signs the final plat, or issues building permits for a
development that creates one (1) or more additional residential dwelling units. With the
approval of the Planning Commission a developer may pay such contribution in three (3)
equal installments to be paid in full within one (1) year of final plat approval. If a developer
makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro
rata refund, together with the accrued interest therefrom, in the event actual density is less
than the density used as the basis for the developer's contribution; provided, no refund shall
be made unless application therefore is made in writing to the Zoning and Development
Administrator within one (1) year from the date of final plat approval. In the event actual
density is more than the density used as the basis for a dedication of land or case
contribution the developer must make an additional land dedication or contribution in lieu of
dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding area
shall not be subject to POA/HOA dues or other fees established for maintenance or other
purposes within the neighborhood.
(v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in
an interest bearing account. This money together with its earned interest shall be expended
within five (5) calendar years of the last date of the calendar year in which it was received for
the acquisition and/or development of parkland that services the subdivision or development
for which the contribution in lieu of dedication was made. If this money has not been
expended within the allowed period, the unexpended money together with any of its
remaining earned interest shall be refunded to the present owner of the property that was the
subject of the new development and against which the parkland fee was assessed and
collected.
(Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord.
No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12;
Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19;
Ord. No. 6350, §3(Exh. B), 8-18-20; Ord. No. 6426, §1, 4-6-21; Ord. No. 6446, §8(Exh. C), 6-15-21)
UDC 166.04(B)(4) — PROPOSED CHANGES (STRIKETHROUGH)
166.04 Required Infrastructure Improvements — Development In City Limits
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(4) Preliminary/Final/Concurrent Plat; Large Scale Development, Large or Small Site Improvement Plan.
(1) Parkland Dedication.
(i) Applicability. The requirements of this subsection shall apply to development that creates one
(1) or more additional lots upon which residential dwelling units may be constructed and to
development on an existing lot to create one (1) or more additional residential dwelling units.
SGale site impreverReRt plaRS, A-.nd- small sr --ale site OMPFGVeFReRt plaRS; previd-ed- that the -se
requiremeRtS shall Ret apply to a lot split er sulbdivis'An that dAps nnt nre
Development Codca
(ii) Residential Development.
(a) Dedication or Fee -in -Lieu. When a proposed residential development does not
provide an area or areas for a public park based on the Fayetteville Parks and
o^^r^.,+;^ Pl;; most recent Fayetteville Park and Recreation System Master
Plan, the developer shall be required to make a reasonable dedication of land for
public park facilities, or to make a reasonable equivalent contribution in lieu of
dedication of land, such contribution to be used for the acquisition and
development of park land that serves the subdivision or development.
(b) Parks, Natural Resources and Cultural Affairs Advisory Board. Park ;;p J
di"�seiy Beard. Prior to the submittal of a preliminary plat, large scale
development plan, or large site improvement plan the developer shall submit to
the Parks, Natural Resources and Cultural Affairs Advisory Board PaFks ^^d
RpnrpAt'An Adt ice r Beard a ^ ept plot er conceptual development plan. If
land dedication is being requested by the developer, a small site improvement
plan shall also be submitted to the Parks. Natural Resources and Cultural Affairs
Advisory Board
(c) Planning Commission. The developer and the Darks and p^^reation Advise
Beard Parks, Natural Resources and Cultural Affairs Advisory Board shall make a
joint recommendation to the Planning Commission as to the land dedication or
contribution in lieu of dedication for a preliminary plat or large scale
development.-
With the agreement of the Parks,
Natural Resources and Cultural Affairs Advisory Board and developer, dedication
or fee -in -lieu associated with small or large site improvement plans subject to
administrative approval shall be accepted as a condition of approval. In the event
that they are unable to agree, the developer and advisory board shall make
separate recommendations to the Planning Commission who shall determine the
issue.
(d) Decision. If the developer proposes to dedicate land for a public park after
consultation with the Paris and D^r.rP;;t'An nrIv'.,; ,r„ Beard Parks, Natural
Resources and Cultural Affairs Advisory Board which the Planning Commission
determines is suitable for park purposes, the proposed dedication shall be
accepted. Upon consent and consultation with the developer and the- Parks,
Natural Resources and Cultural Affairs Advisory Board Parks and- po,.ro. tiOR
Adv+seryBeard, a developer may dedicate a portion of the required park land
dedication and make a contribution of money in lieu of land dedication for the
remaining park land dedication requirement. %^I'th ^^nspnt Af the Parks and
UDC 166.04(B)(4) — PROPOSED CHANGES (STRIKETHROUGH)
Qo^ro^+•^., Ad ^n, Board, +This monetary contribution may be used to develop
the park land in the development or elsewhere within the quadrant consistent with
the Fayetteville Parks arld Regreatio , PIAA most recent Fayetteville Park and
Recreation System Master Plan.
(e) Approval. The Planning Commission's decision must be incorporated into the
developer's preliminary plat or; large scale development.,, or
Dedication or fee -in -lieu
associated with small or large site improvement plans or other plans subject to
administrative approval must also be incorporated into the developer's final
approval.
(f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for
each single-family dwelling unit and 0.020 acres of land for each multi -family
dwelling unit.
(g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made
according to the following formula:
$1,089.00 for each single-family unit.
$952.00 for each multi -family unitbased UPOR aGtUal density.
The Parks, Natural Resources and Cultural Affairs arld l7o^reation Department shall
review the contribution formula every two (2) years and make recommendations to the
City Council following such review.
(h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds
the requirement of this subsection, the developer shall make a written request to
the Planning Commission who may grant the developer a credit equivalent to
said excess. Said credit shall be applied toward the developer's obligation under
this subsection for any subsequent development located in the same park
quadrant.
(iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city
signs the final plat; or ;sGa issues ef-building permits- for developments that create one
(1) or more additional residential dwelling unit.
^^+ Wa4; A final plat shall not be released for recordation until the deed for a land
dedication is received. Deeded land is dedicated public park land and not subject to any right
of reversion or refund. A cash contribution in lieu of required land dedication ,+^„ R
shall be payable before the city sigefeg- igns the final plat, or 08861anGe issuesef building
permits for a large SGale development or large site improvement plaa development that
creates one (1) or more additional residential dwelling units. With the approval of the pIaRRiRg
Planning ser is-si Qommission a developer may pay such contribution in three (3) equal
installments to be paid in full within one (1) year of final plat approval. If a developer makes a
cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata
refund, together with the accrued interest therefrom, in the event actual density is less than
the density used as the basis for the developer's contribution; provided, no refund shall be
made unless application therefore is made in writing to the Zoning and Development
Administrator within one (1) year from the date of final plat approval. In the event actual
density is more than the density used as the basis for a dedication of land or case
contribution the developer must make an additional land dedication or contribution in lieu of
dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding area
shall not be subject to POA/HOA dues or other fees established for maintenance or other
purposes within the neighborhood.
(v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in
an interest bearing account. This money together with its earned interest shall be expended
within five (5) calendar years of the last date of the calendar year in which it was received for
the acquisition and/or development of parkland that services the subdivision or development
for which the contribution in lieu of dedication was made. If this money has not been
expended within the allowed period, the unexpended money together with any of its
UDC 166.04(B)(4) — PROPOSED CHANGES (STRIKETHROUGH)
remaining earned interest shall be refunded to the present owner of the property that was the
subject of the new development and against which the parkland fee was assessed and
collected.
(Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord.
No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12;
Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19;
Ord. No. 6350, §3(Exh. B), 8-18-20; Ord. No. 6426, §1, 4-6-21; Ord. No. 6446, §8(Exh. C), 6-15-21)
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Jesse Masters, Development Review Manager
Kit Williams
City Attorney
Blake Pennington
Senior Assistant City Attorney
CC: Jonathan Curth, Development Services Director Hannah Hungate
Assistant City Attorney
Blake Pennington, Senior Assistant City Attorney Stacy Barnes
� Paralegal
FROM: Kit Williams, City Attorney
DATE: April 18, 2024
RE: Proposed Change To Parkland Dedication Requirement
I do not think you understood my concern that after decades requiring
developers being assessed parkland fees for the number of new residential lots
they were creating for these developments, you now place the parkland fee on
the home builder. Your proposal states:
"Applicability: The requirements of this subsection shall apply to
development that creates one (1) or more additional residential dwelling units."
So a developer establishes a large new subdivision by final plat. This
subsection places no requirement for any parkland assessment on the developer
who has yet to build any "additional residential dwelling units." Homebuilders
purchase lots in the platted subdivision and build houses (a/k/a residential
dwelling units) and thus must pay park fees for each house. Is that your
intention?
The remainder of the proposed code makes little sense because it is not the
developer who is necessarily creating additional residential building lots, but the
builder who builds "additional residential dwelling units" to which "the
requirements of this subsection shall apply to." If you do not want to make this
major change to allow developers to pass the costs of parkland fees directly to
home builders, I suggest the following wording for the applicability subsection:
"The requirements of this subsection shall apply to development that
creates one (1) or more additional lots upon which residential dwelling units
may be constructed and to development of an existing lot to create one (1) or
more additional residential dwelling units."
I would also add "small site improvement plan" to the listed
developments in (b).
Also I would add to (b) the following to handle the fees vs. dedication of
land issue for large and small cite improvement plans (which I believe you do
not wish to refer to the Planning Commission, but decide administratively by the
Planning Department):
"The Planning Department shall consider the developer's and Advisory
Board's recommendations concerning potential parkland dedication as opposed
to fees in lieu of dedication and shall accept the proposed parkland dedication of
property if such property is suitable for park purposes."
In (e) Approval, please add small site improvement plan to the sentence for
large site improvement plans.
Please remove the not needed "of" in (iii) between "issues" and "building
permits." However, I disagree with most of your changes to (iii) which are
somewhat confusing. I would be happy to work with you to make this
subsection more clear, but I need to get this memo to you before trying to work
in that subsection.
2
-----Original Message -----
From: Thomas Brown <dogl3gregg@aol.com>
Sent: Sunday, April 21, 2024 6:39 PM
To: Garlock, Jimm <jimm.garlock@fayetteville-ar.gov>; Brink, Andrew <andrew.brink@fayetteville-
ar.gov>; Payne, Brad <brad.payne@fayetteville-ar.gov>; Gulley, Fred <fred.gulley@fayetteville-ar.gov>;
McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Madden, Mary <mary.madden @fayetteville-
ar.gov>; Cabe, Matthew <matthew.cabe@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-
ar.gov>; Werner, Nick <nick.werner@fayetteville-ar.gov>
Cc: Masters, Jessica <jmasters@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>
Subject: ADM-2024-0019: Administrative Item (Amend UDC Chapters 166.04, Parkland Dedication):
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Planning Commissioners,
Please forward ADM-2024-0019 to the City Council with a recommendation of approval.
Thomas Brown
Account#: NWCL5004205 • corm v1.52
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72701
Ad number#: 406095 MAY 3 0 2024
PO#:
CITY OF FAYETTEVILLE
Matter of: Ord 675 I CITY CLERKS OFFICE
AFFIDAVIT•STATE OF ARKANSAS
1,fl'1tria /Lrj iv ieZ-j do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON 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 6751
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 NWA Democrat Gazette for publication the sum of$117.04.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette OS/26/24;NWA nwaonline.com 05/26/24
8 i�
Legal Clerk J,•.�r\ssIo e... '�•-s
O;4er,:1 3? 9
State of ARKANSAS,County of , = •y 'p1 AR Y V.n
Subscribed and sworn to before me on this 28th day of May, E v,.2 • \G o z
=cam•. PUB\-- ti. Q
%'�,9`S'T��MM. x t2��1.PQ�
����//llllllllll\\\\�
ARY PUBLIC
Ordinance:6751
File Number:2024-56
ADMINISTRATIVE-2024-0019:
(AMEND UDC CHAPTERS
166.04):
AN ORDINANCE TO AMEND
§166.04(B)(4)(L) PARKLAND
DEDICATION OF THE UNIFIED
DEVELOPMENT CODE TO MOD-
IFY THE APPLICABILITY SECTION
FOR PARKLAND DEDICATION
REQUIREMENTS
WHEREAS, In 2021, City
Council passed a sweeping
amendment to the Unified De-
velopment Code intended to re-
vamp drainage and
development standards,with a
secondary objective of incen-
tivizing Inflll:and
WHEREAS,in the intervening
period since 2021,staff audited
the outcomes of these changes,
and has identified several areas
that would benefit from revision
and clarification;and
WHEREAS, an immediate
concern is the potential and ac-
tual loss of parkland dedication
fees-in-lieu on projects not re-
quiring additional site plan re-
view because they are not
creating more than 10,000
square feet of new Impervious
surf ace.
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 §
166.04(B)(4)(I) of the Unified
Development Code regarding
parkland dedication and enacts
a replacement§166.04(B)(4)(I)
as shown in Exhibit A attached
to this Ordinance.
PASSED and APPROVED on
May 21,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,City Clerk Treas-
urer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville.
Arkansas.
Amount Paid:S117.04
May 26,2024 406095