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Home My WebLink AboutOrdinance 6755113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6755 File Number: 2024-100 AMEND 157.03 (NOTIFICATION REQUIREMENTS): AN ORDINANCE TO AMEND § 157.03 ANNEXATIONS, ZONING MAP AMENDMENTS, AND REZONINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE APPLICANTS TO NOTIFY RESIDENTS OF PROPERTY PROPOSED FOR ANNEXATION OR REZONING, AND TO DECLARE AN EMERGENCY 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 § 157.03(B)(1) of the Unified Development Code regarding who receives notice of private party petitions for annexations, zoning map amendments, and rezonings and enacts a replacement § 157.03(B)(1) as follows: "(1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses on the property and within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. " Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because residents of property subject to private party annexation or rezoning petitions should be given the same opportunity as their neighbors to hear about and offer comment on City proceedings that could affect their homes or force them to move, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on May 21, 2024 ``1j%JI 111/10/1/ Attest: ``��Y,•I• T R fgS!�i,�� Kara Paxton, City CIA-TreasurerVA KA ��• �Q' '� This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ l q 4.40 Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 21, 2024 TO: Mayor Jordan and City Council THRU: FROM: Council Member Sarah Moore CITY COUNCIL MEMO 2024-100 SUBJECT: Ordinance to Amend § 157.03 of the UDC to Require Notice to Residents and Tenants RECOMMENDATION: Council Member Moore is sponsoring an ordinance to amend notification requirements for private party annexation and rezoning petitions to require applicants to notify residents of the property subject to the petition. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Council Member Sarah Moore - Agenda Request Form (#3), Agenda Approval Email from CM Moore - Amend 157.03 Zoning and Annexation Notification (#4) 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 #: 2024-100 Ordinance to Amend § 157.03 of the UDC to Require Notice to Residents and Tenants AN ORDINANCE TO AMEND § 157.03 ANNEXATIONS, ZONING MAP AMENDMENTS, AND REZONINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE APPLICANTS TO NOTIFY RESIDENTS OF PROPERTY PROPOSED FOR ANNEXATION OR REZONING, AND TO DECLARE AN EMERGENCY 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 § 157.03(B)(1) of the Unified Development Code regarding who receives notice of private party petitions for annexations, zoning map amendments, and rezonings and enacts a replacement § 157.03(B)(1) as follows: "(1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses on the property and within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. " Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because residents of property subject to private parry annexation or rezoning petitions should be given the same opportunity as their neighbors to hear about and offer comment on City proceedings that could affect their homes or force them to move, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 1 Civic Clerk Item No.: 2024-100 AGENDA REQUEST FORM FOR: Council Meeting of May 21, 2024 FROM: Council Member Sarah Moore ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 157.03 ANNEXATIONS, ZONING MAP AMENDMENTS, AND REZONINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE APPLICANTS TO NOTIFY RESIDENTS OF PROPERTY PROPOSED FOR ANNEXATION OR REZONING, AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: Avafo'l(j- - SarAA oo / City Council Member Blake Pennington Senior Assistant City Attorney Approved as to form 51 !9 f 2'4 Date ��iQlzL1 Date ORDINANCE NO. AN ORDINANCE TO AMEND § 157.03 ANNEXATIONS, ZONING MAP AMENDMENTS, AND REZONINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE APPLICANTS TO NOTIFY RESIDENTS OF PROPERTY PROPOSED FOR ANNEXATION OR REZONING, AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 157.03(B)(1) of the Unified Development Code regarding who receives notice of private party petitions for annexations, zoning map amendments, and rezonings and enacts a replacement § 157.03(B)(1) as follows: "(1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses on the property and within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. " Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because residents of property subject to private party annexation or rezoning petitions should be given the same opportunity as their neighbors to hear about and offer comment on City proceedings that could affect their homes or force them to move, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval PASSED and APPROVED this 21s1 day of May, 2024. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer 157.03 Annexations, Zoning Map Amendments, And Rezonings Notification of public hearings on private party petitions for annexations, zoning map amendments and rezonings shall occur as follows: (A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an amendment to the zoning map, or a rezoning, the Planning Commission shall hold a public hearing on the proposed amendment. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses on Elie property arud within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice in a newspaper of general circulation in the city, at least one time, at least fifteen (15) days prior to Planning Commission. (3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with zoning map amendment denied by the Planning Commission must give both the written and posted notice of the appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council meeting. Proof of notice shall be provided as required by this chapter. (Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 3716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No. 5920, §1, 10-18-16; Ord. No. 6212, §2, 8-6-19; Ord. No. 6417 §1, 3-2-21; Ord. No. 6459, §§1-3, 7-20-21) (Supp. No. 32) Page 1 of 1 Created: 2024-04-03 16:33:53 [EST] Pennington, Blake From: Moore, Sarah Sent: Thursday, May 9, 2024 3:38 PM To: Pennington, Blake Cc: Williams, Kit Subject: Re: Amendment to 157.03 Notification Requirements Thanks Blake for getting this together. Looks good to proceed. Sarah Moore On May 9, 2024, at 3:23 PM, Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: Sarah, Attached are the agenda request form and ordinance amending Section 157.03 along with the redline. Please let me know if you have any questions or comments. If you approve, please respond with your approval and we'll get the packet emailed out. Thanks, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bgenninatonafavetteville-ar.aov Direct: 479.575.8312 www. fayettev i l l e-a r. g ov <imageOO1.png> <Agenda Request Packet - CM Moore - Amend 157.03 Zoning and Annexation Notification.pdf> Form vl.52 NINA A media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 RECEIVED Ad number#: 406111 Po#: MAY 2 9 2024 Matter of Ord 6755 CITY OF FAYETTEVILLE CITY CLERKS+OFFICF AFFIDAVIT•STATE OF ARKANSAS I, i o 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 6755 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$144.40. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 05/26/24;NWA nwaonline.com 05/26/24 Legal Clerk L \\\00 gRqSti, � ll,,''.. State of ARKANSAS,County of Subscribed and sworn to before me on this 28 t day of May i. .1Q1.AR),9N'•.u, = h; gped Q= CMCC ‘r rn• puBoCd NOTARY PUBLIC Ordinance:6755 File Number:2024-100 AMEND 157.03 (NOTIFICA- TION REQUIREMENTS): AN ORDINANCE TO AMEND§ 157.03 ANNEXATIONS.ZONING MAP AMENDMENTS,AND RE- ZONINGS OF THE UNIFIED DE- VELOPMENT CODE TO REQUIRE APPLICANTS TO NOTIFY RESI- DENTS OF PROPERTY PRO- POSED FOR ANNEXATION OR REZONING,AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville,1l57.031B)(1) of theeby repealUnified RECEIVED § 157.03(B)(1) of the Unified Development Code regarding who receives notice of private party p for annexations,zoning map amendments, nd MAY A L 9 2024 rezonings and enacts a replace- ment§157.03(B)(1)as follows. yt)Who Gets Notice.Notice CITY OF FAYETTEVILLE of the proposed action shall be CITY CLERKS OFFICF given to all landowners and res- idents with separate addresses on the property and within 200 feet of the boundary line of the property on which the use is proposed.Residents whn sepa- rate addresses shall be notified by first class letter addressed to the'current resident'to each address found in the city's ad- dress point file.- Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby determines that this ordinance should be- come effective without delay because residents of property subject to private party annexa- tion or rezoning petitions should be given the same opportunity as their neighbors to hear about and offer comment on City pro- ceedings that could affect their homes or force them to move, which is necessary for the pub- lic peace as well as the health and safety of Fayetteville resi- dents.Therefore,the City Coun- cil hereby declares an emergency exists such that this ordinance shall become effec- tive Immediately upon its pas- sage and approval. 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:$144.40 May 26,2024 406111