HomeMy WebLinkAboutOrdinance 1998 74 JUP! - 4 I-' NO '. 12 274 ri P41 1 : 26
F1:; SF;lid^: T " .'JORnINANCE NO . Ig48 ,'rG '.riNGTCDI C, 11\1TY
RK AI•ISAS _
AN ORDINANCEi:Tq��AMEND ARTICLE I . SECTION bL �" nN60k T`IY L` IV ,
SECTION I OF ORDINANCE NO �. 1750 (APPENDIX C , ARTICEf.E 1T , §E ION D ,
AND ARTICLE IV , SECTION I OF THE FAYETTEVILLE CODE OF ORDINANCES ) ;
TO DEFINE THE TERM LARGE - SCALE DEVELOPMENT ; TO CLARIFY THE RE -
QUIREMENTS FOR APPROVAL OF A LARGE - SCALE DEVELOPMENT ; AND FOR
OTHER PURPOSES .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS : —
Section 1 . That Article I , Section D of Ordinance No . 1750
(Appendix C , Article I , Section D of the Fayetteville Code of
Ordinances ) is hereby amended by adding a definition to read as
follows :
LARGE SCALE DEVELOPMENT : The development of a lot or parcel
larger than one acre ; the term development shall include , but shall
not be limited to , the construction of a new improvement , the con -
struction of an addition to an existing improvement , or a parceling
which results in the need for access and utilities .
Section 2 . That Article .IV , Section I of Ordinance No .
1750 (Appendix C , Article IV , Section I of the Fayetteville
Code of Ordinances ) is hereby amended to read as follows :
Section I . LARGE SCALE DEVELOPMENT
1 . Approval by the Board of Directors . All large - scale
developments not hereinafter excluded must be approved by the
Board of Directors , before a building permit may be issued .
2 . Requirements for approval . Before requesting the Board
of . Directors to approve a large - scale development , the developer
shall :
A . Submit a development plan to the Planning Commission .
The development plan shall consist of ( 1 ) a black line site
location map drawn to scale and not to exceed 14 "xl8 " , and
( 2 ) an accurate black line vicinity map not to exceed 14 "xl8 " .
The vicinity map need not be drawn to scale .
1 ) Site location map . The site location map shall
depict the following :
a . The size and shape of the property on which
the development is to be located .
b . The location , size , and arrangement of existing
buildings , signs , outdoor advertising , and othet
improvements , water courses , ponds , and streams ,
and any other distinctive or unusual features . Q�p
MICROFILMED �`
DATE 1 a 1971
REEL
C . The location , size , and arrangement of proposed
buildings or additions , parking and loading areas ,
streets , driveways , curb cuts , community facilities ,
pedestrian ways , and open spaces .
d . A correct legal description , certified by an
abstractor or surveyor , of the property located
within the large - scale development , and a cor -
rect legal description , certified by an abstractor
or surveyor , of street right - of - way dedications
and vacations and utility and drainage easements
proposed by the developer or requested by the
Street Superintendent or City Engineer .
e . Certification of ownership of property .
2 ) Vicinity Map . The vicinity map shall depict the
following .
a . The location and name of any street which abuts
or intersects the large - scale development ;
b . The location and name of any other street , building
or landmark necessary to clearly indicate the location
of the large - scale development .
B . Dedicate sufficient right - of - way to bring those streets
which the Master Street Plan shows to abut or intersect the large -
scale development into conformance with the right - of - way require -
ments of the Master Street Plan for said streets ; provided ,
the Planning Commission may approve a lessor dedication inihe event
of undue hardship . Such lessor dedication shall be subject to
approval by the Board of Directors .
C . Grant utility and drainage easements requested by the
Street Superintendent or City Engineer in order to provide utility. "
service and proper drainage for the large - scale development and
the surrounding area .
D . ( Required only where the developer proposes new streets
or an alteration in the existing street plan ) . Preliminary street
and drainage plans , showing alignment of streets and direction
of flow of storm and sanitary sewers in relation to typography .
Preliminary street and drainage plans drawn to the same scale
as the site plan , showing alignment of streets and direction of
flow of storm and sanitary sewers in relation to typography .
Where an official street and drainage plan exists , it shall be
submitted for purposes of comparison .
3 . Within thirty ( 30 ) days of receipt of a large - scale
development plan , the Planning Commission shall , by a majority
vote , adopt a resolution expressing administrative approval
or disapproval of the development plan . In the event a
development plan is disapproved , the reasons for such disapproval
shall be set out in the resolution .
4 . Basis for disapproval . The Planning Commission may
disapprove a large - scale development for any of the following
reasons :
a ) The development plan is not submitted in accordance
with the requirements of this section ;
b ) The proposed development would violate one or more
provisions of the zoning ordinance ( Ord . No . 1747 ) , sub -
division ordinance (Ord . . No . 1750) , any - other City ordin -
ance , a state statute , or a federal statute .
c ) The developer refuses to dedicate the street right -
of - way2utility easements and drainage easements required
to be dedicated by this ordinance .
d ) City water and sewer service is not readily available
to the property within the large - scale development , and
the developer has made no provisions for extending such
service to the development .
S . Following administrative approval of a proposed large -
scale development by the Planning Commission , the development plan
shall be forwarded to the City Board of Directors for consideration
of final approval and acceptance of dedications . The Board of
Directors shall not approve a development plan , until the developer
has executed the light - of - way and easement grants required by : this
Ordinance and the Board of Directors may disapprove a development
plan for any of the reasons enumerated in Section 4 above . No _
building permit shall be issued until the Board of Directors has ,
by majority vote , passed an ordinance approving the proposed
large - scale development and accepting the required right - of - way and Q9
easement dedications . ip0�
6 . Appeal procedure . In the event a development plan is
disapproved by the Planning Commission , the developer may appeal v
such disapproval to the City Board of Directors by filing a W
written Notice of Appeal with the City Clerk within fifteen ( 15 ) �..y
days from the date of the Planning Commission ' s disapproval . A
Notice of Appeal shall specifically state the reasons the devel -
oper contends the Planning Commission ' s findings and decisions
were in error .
7 . In the event that a developer subsequently wishes to
make major modifications to an approved development , such modifi -
cations shall be submitted to the Planning Commission in a form
which compares the approved submission with the desired changes .
The Planning Administrator may authorize minor modifications with -
out public hearings or City Board of Director ' s action . Minor
modifications generally may be construed to mean substitutions of
one approved structural type for another , or minor variations in
placement of buildings in such a way that the overall limits of
approved floor area , open space or rooms per acre are not increased .
8 . Excluded developments . If the developer dedicates the
street right - of - way and the utility and drainage easements required
by this Ordinance , the developer shall not be required to submit
a development plan and approval of the Planning Commission and the
Board of Directors shall not be required for the following large -
scale developments :
a ) A single family residence on an individual lot or
parcel in an A - 1 or R - 1 Zoning District ;
b ) An addition to an existing non - residential structure ,
which addition will not exceed ten thousand ( 10 , 000 ) square
feet or twenty - five ( 25 ) percent of the square footage of
the existing structure , if the addition will not require
an increase of twenty - five ( 2S ) or more parking spaces
under the provisions of Ordinance No . 1747 , or require
a change in existing ingress or egress . All proposed
additions to existing non - residential structures must
be approved by the Building Inspector , who shall consult
with the City Engineer , Street Superintendent and repre -
sentatives of the various utility companies to determine
the availability of service or potential problems the
proposed addition might cause with regard to utility
service .
C . A prefabricated moveable accessory building , if no
water or sewer lines are to be installed ; if water or
sewer lines are to be installed , a building permit may
be issued after approval of said lines by the City Eng -
ineer and Building Inspector . Any accessory building
must comply with the provisions of Ordinance No . 1747
regarding accessory structures .
Section 3 . That all ordinances and resolutions , or parts
thereof , in conflict herewith , be , and are hereby , repealed .
Section 4 . Should any section or provision of this
ordinance be decalred by the Courts to be unsonstitutional or
invalid , such decision shall not affect the validity of the
ordinance as a whole , or any part thereof other than the part
so declared to be unconstitutional or invalid .
Section S . It is hereby found and determined by the
Board of Directors that the requirements for the development
of a lot or parcel larger than one acre required by Article
4 , Section I , of Ordinance No . 1750 are vague and indefinite ,
11 -
.l / // A / /lam
and cause unnecessary loss of time to property owners and to
the Planning Commission ; and that the immediate passage of
this Ordinance is necessary to clarify the requirements for
the development of a lot or parcel larger than one acre .
Therefore , an emergency is hereby declared to exist , and
this ordinance , being necessary for the immediate preservation
of the public health , safety and welfare , shall be in full
force and effect from and after its passage and approval .
PASSED AND APPROVED this day of 0)92./ ,
1974 .
APPROVED :
ATTEST :
✓
/ it 's
ON
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i
CERTIFICATE OF RECO
STA OF ARI(AMSf.S I
County I Ss.
I, Alma 1. �, neYer, Circuit Ct .
Washington Coun` and Ex-Officio
gain o hereb Record=r for
g instrument was fig .er,iiy tha: :he am:cxca -
of or re, ord in , office �r fore.
tluh r — 5 on theZI day
ecorde :•VJc"ke�pt, and thesarn
Witness m ecard (o t!e,,is
and and seal this . at PaCa_p�3
of
ALMA_ - 19-2y 869 '33
Circuit Cie and " tl f'f"`
Ex-Ori^qy Rr, - 'ded
aye
Deputy Clem— k
d I -
III
CERTIFICATE
STATE OF ARKANSAS
i� CITY OF FAYETTEVILLE
I . PATRICK J . TOBIN , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and foregoing
is a true and correct copy of the Fayetteville , Arkansas , AeiY ,(,Zxe
II
therein set forth , and ppthe same is as it appears of Record in
UOL!�.[ -S� Ci �t2� Q.!•t !/ ,9 d1� 1f Volume at Page go2 - 96
thereof .
j IN WITNESS WHEREOF , I have here -
unto set my hand and affixed my
official seal this /47C
day of 19
CERTIFICATE OF RECORD
'I STATE OF ARKANSAS OfY
Washington County SS. y
I, Alma L. Kollmeyer, Circuit Clerk and Ex-officio Recp�� + 1
Washington County, do hereby certi`y that tha annexed dWft 1 � '-
4 :
going instrument was filed for record in my office on the orft
^
of ( y Ci lerk .j
o"""' —19 t�.r/Q.,;:ork4. and thesanoft
duly re orded in� ' \. ��{ � " •q ` �
Witness my hand and seal this
record--96 9 at pagd
e ap
.. day of 19
M 19
AL
A K4LLM Fa
Circuit Clerk and -.
^ _Ex-officio Recorded
By /t
Deputy Clerk 1
II,
it
II
li
I
I
I
I
CLiti'li"ICATE OI RLCORD�
State of Arkansas
City • of Fayetteville ( SS
I, Suzanne C. Kennedy, City Clerk and
F: �Dfficio recorder for the City of Fayetteville,
co hereby certify that the anr.arc:l or fore-
going is of record in my of lice uad the swine ap-
nears in Urdinan c & Resolution book
V at Page—uWitness my
hand and seal this ? of
i
I _
.. +City CIS Ca;id L :-0,ficio Recorder
I
I
I
- --ORDINANCE IN 1998 validity of the nrcliusnca as a while,
AN ORDINANCE TO AMEND ARTI- or any part thereof other than the Part =
CLE 1. SECTION D n ARTICIX m dedared W be unconstitutional or
W, REXTION I OFM NO. IMInglld.
(Ay`PZ 1s1X O. AR I, 01EC1TON ON Beaton d. 1l Is hereby found and detery STATE of ARKANSAS
J.N'n ARTICLE IT, , ON I OF THE mood by he Board a Conscious that
F Or ORDIN- lbs repulnmenle development as.
rS 1; p . p.ml Wan opa acre County of Washington
-eSfrJiy i1fEq. L of Or-
:IFV '1'� . NE 1ndA1•
ItOV L AR lop M than
61 POR OTHER W pNArtr ow and W Me 'PlannWa
�n A�� p frel
F07nili mnemat• I7iu u1� " � �' hereby certify that I
I-fT K O tIbeosawaryde am the Pub}Isher of 9HE NORTHWEST ARKANSAS TIMES, a daily
inTTIgnix" .acci��f 'krg* tforkirgani 1e newspaper having a second class mailing privilege, and being not less than
lion 1.rdiaasco No. nw t n4 �AMthis of four pages of five columns each, published at a fixed place of business and at
I . aepion D aP IY b"M necessary for We irramane a fixed (daily) y
� Irdlpanaac) IS br d �sYka bath, anb y) intervals continuous) in the City of Fayetteville, County of
na e a d Bel �tq M In Nn totes em Washington, Arkansas for more than a period of twelve months, circulated
L �A after W pass•" and
: I. and distributed from an established place of business to subscribers and
47dy16 ATf'Rb1102111 eY T day readers generally of all classes fu the City & County for a definite price for
AT. PUR O• each copy, or ¢ fixed price per annum, which price was fixed at what is
RSA: T. FORDV
MAxDR considered the value of the publication, based upon the news value and
service value it contains, that at least fifty percent of the subscribers
thereto have paid cash for their subscriptions to the newspaper or its agents
ICAy'6 or through recognized news dealers over a period of at least six months ;
and that the said newspaper publishes an average of more than forty percent
)BIN. c'. . Plerk news matter.
\PProval I1y Me '.
para«-may pe, ane ' I further certify that the legal notice hereto attached in the matter of
ecof r mu� m• n wt4'
.card of DireMay be , ueh -
it lir
R^9wrtmeeYfor of nure 1` ' r ry
II a Ne IbaM a Dme 1 r. -__-__ --__--- -_ -
Submit a deealnpment PI t the 1
net C mleaim. The Aeyeioptnenl ODay of was published 1n the regular dally issue of said newspaper tor_.._ ...�. _ ._
III e lame- development. the IN I1 .
1a\ Iw ;
=hall consistN 111 a black line P. J. INeewex
eeNTd insertions as follows :
' Mao a
inn mndrawn M scale and Oily Pled
-' The first insertion on the _. �� .. day of --- 19_
the second insertion on the _ day of .._ 19......----
the third insertion on the _ _ . . day of _ .. __.. _. 19....--------
and the fourth insertion on the _.. day of _--... . _ _ __ 19-----------
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Sworn to and subscribed before me on this tx 7 _.. day of ---- _------
----
—
-------`--- --- 19.;_
" i No otic
e My Commission Expires:
1P/-7
�T/IScGfLLN�f�p--�
Fees for Printing%-------- $... . '50
Cost of Proof --------- _-....---------------- _.
Total . _.-------' =--83• So
m,.ni . rcnu=.nil In ,e u r . _ in
pvderr` or £o{inY In
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Me s rrN us aha.
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Oil.
. All 7. In the evBnL that a developer "M
quentiY wishes to make major mudlfi
e rations to An Approved development,
auch modifirallons shall be submitted
ft. Me P1ennlrnif Cvemnisdm In A form )
whip compares to Me approved mb-
the 1ndecon with Me desired changes. The
be Piveshog Administration may twdmin
s. pito rwdYlcetone wAbott public beer
i fill, e for doappnrcel I'ne Planning Ingo K City Board at grecloes eater. '.
Commission may disapprove a large- Nines, msN6cellats genereDy may be l
Kele development IK any et the ewWrwed m mean wrbeblutaw of one
wale
following velopmreasuma: approved Otrwetared type f" another, or
build-
a) The davalppm�g pan Y tat vets that varieNona M Y Met
M estalt
milted in &ccord p with lb rtpOtre- jags M stch a way aper bre overall
menta of this section; or reasons of aProAr BOK arca, open space
b) The poPosed OW"wpnw would K roms Kr erre are not increased.
violets one K mon provisions of the ouded developments. If the dew
voting KNhaoce (Ord. No. 1747), Kbd1- topp cledim
er tes the street rightbg-way
vision ordinance (Ord. No. 1700). any and Me utility and drainage easements
Other City ordinance, A emle sWtule, required by this Ordinance. the developer
W
K e federal etattde. all Out b moulted to submit a dI
IpPmeni pin and
no The develeper let l�ee to agmmto Commissionplanning and
and Meof the l
Approval
nU
and drainagthe street e heam ntsulrb required ired M Doeotore m
dB not berequired terra the
dedicated by this Ordinance folbwMg large vrnle developments.
d) City water and governor eerviae L D A single family residence on an
not readily avaliable to ftproperty Individual lot or parcel In an A-1 or
within the large Kele development, and R-1 Z Dion to an existing tan
the developer has made no previsions b) addition to
Pextending such aervlce le Bw dentlal a structure, which addition willl a"at
deve-
lopment. exceed ten thousand (1011410) cluare feet
i. bbilowbut ad igmbve 111010vel or twenty-five (M) percent or the square
of a Praposert krgesn4 develapmrsd footage a[ tis existing structure, if Me
by the Planning Commission, the dew- addition will mol Moore an increase
lopment plan shall be forwarded M the of heenty-five (3) or more parking
City Board of Directory for consideration spaces under the provisions of Ordinance
of final Approval and acceptance of deli- No. 1747, or require a change N exlding
cottons. The Board or Directors shall ingress or egress. All proposed adddtans
nal approve a development plan, until to existing corm-reaaMW structures
n developer hes exacided the righted- must be approved by Me Building In
anti easement grants required by opectoq who shall consult with the CAI,
s Ordinance end Me Bs re of Dirac- Engineer, Street Superintendent and re
'I
may disapprove a development plan presea On cl of the varMts Utility COM-
torsfor any of the reasons enumerated In Panles b daMrmimw the avatlabtlity of
Beckon 4 above. No building permit Wall service K Potential problems the pro.
he issued until the Board of Dirserorx Posed additon might cemma with regard ,
Erin. by majority vote, ceased an "din- to ulBitY service.
, e approving Me prWKad large-scale c) A puefabrkhatm moveable acceasnn'
, ,,lopment and accepting the required budding, If vee water K sewer lines ;
_kited-way And easement dr!dkaton, an Any be Mato a building
Appeal Procedure. In the event a Permit may be Issued after Approval
, clopment plan is disapproved by the B std Iron pe led CilEingineer end
City
o nine Commission, the developer MAy Ulitling IneKthr. Any accessary
1 �1 <oDmn,al to pre building must comply with the provisions
at Ormrtance No, 1747 regarding ac-
mostery structures.
Section S. That all ordinances and
reaolotooe. K parte thereof. In lonf"
herewith, be, and are hereby, repealo
Section 4. Should Any section or I
mine or til nMlnan,,e be Aeclae,
r . rItt, nr
C:e
