HomeMy WebLinkAboutOrdinance 2202 I" ILED
FOR RECORD
'76 FEB 26 PM 1 : 32
ORDINANCE NO . 4a0.;2, C/' $HIItlG T GN COUNTY
rR[1 iNSG. S
ALMA KOI_ Li _ YER
rr
AN ORDINANCE AMENDING APPENDIX C , ARTICLE IV , SECTIONCI' CI )17 I OE (4T�
FAYETTEVILLE CODE OF ORDINANCES TO EXPEDITE THE PROCEDURE FOR AP -
PROVING LARGE SCALE DEVELOPMENTS ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTE -
VILLE , ARKANSAS :
Section 1 . That Appendix C . Article IV , Section I of the Fayette -
ville Code of Ordinances is hereby amended to read as follows :
Section I . Large scale development .
( 1 ) All large scale developments , not hereinafter excluded ,
must be reviewed by a Plat Review Committee and approved by the
Subdivision Committee of the Planning Commission before a building
permit may be issued . The Subdivision Committee may , at its
discretion , refer any large scale development to the full Planning
Commission for approval . Approval by the Board of Directors
shall not be required .
The Plat Review committee shall consist of the following :
Inspection Superintendent , Street Superintendent , City Engineer ,
Sanitation Superintendent , Fire Chief , Administrative Assistant to
City Manager , Traffic Superintendent , Planning Administrator ,
City Planning Consultant , electric company representative , gas
company representative , telephone company representative , and
cable television company representative . The Plat Review
committee shall have advisory capacity only . Its duty shall
be to advise the developer of technical problems , to recommend
solutions for such problems , and to advise the developer of
mandatory requirements .
The Subdivision Committee shall consist of three or more
members of the Planning Commission appointed by the Chairman of said
Commission .
( 2 ) Before a building permit for a large scale development
may be issued , the developer shall :
( a ) Submit a development plan to the Planning Administrator
for review by the plat review committee . The development plan
shall consist of ( 1 ) a black line site location map drawn to scale
and not to exceed fourteen ( 14 ) inches by eighteen ( 18 ) inches ,
and ( 2 ) an accurate black line vicinity map not to exceed four -
teen ( 14 ) inches by eighteen ( 18 ) inches . 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 other im-
provements , water courses , ponds , and streams , and
any other distinctive or unusual features that will
remain after the development is completed .
( c ) The location , size , and arrangement of proposed
buildings or additions , parking and loading areas
and the type of surfacing proposed for such areas ,
streets , driveways , curb cuts , community facilities ,
pedestrian ways , and open spaces .
900 74
MICROFILMED
DATE OCT 1 1978
REEL
- 2 -
( d ) A correct legal description of the property lo-
cated within the large scale development , and a correct
legal description , certified by an abstractor or sur-
veyor , of street right-of-way dedications and vacations
and utility and drainage easements .
( 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 ) ( Required only where the developer proposes new streets
or an alteration in the existing street plan . ) Submit to the
Planning Administrator for review by the Plat Review Committee
preliminary street and drainage plans , showing alignment of
streets and direction of flow of storm and sanitary sewers in
relation to topography . Where an official street and drainage
plan exists , it shall be submitted for purposes of comparison .
( c ) 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
requirements of the master street plan for said streets ; provided ,
the Subdivision Committee may approve a lesser dedication in the
event of undue hardship or practical difficulties . Such lesser
dedication shall be subject to approval by the Planning Commission .
( d ) Comply with those requirements of Article III , Section
A of the subdivision regulations pertaining to streets , surface
drainage , water system , and sanitary sewer system .
( e ) Prior to the Subdivision Committee meeting at which
the development plan is to be considered , the developer
shall give notice of the proposed development to the owners
of any property having a common boundary with and a different
zoning classification than the property proposed for development
by :
( 1 ) By Mailing written notice to at least one of
the record owners of such property that a large
scale development plan has been submitted to the Planning
Administrator . Said notice shall be mailed by certified
or registered mail . The receipt shall be filed with
the Planning Administrator along with a copy of the notice .
Said notice shall describe in general terms the nature of
the proposed development ; or
( 2 ) By publishing a similar notice in a newspaper of
general circulation within the city . Said notice shall be
published in the legal notice section . The developer shall
file proof of publication with the Planning Administrator ;
( 3 ) By obtaining the signature of at least one of the
record owners of such property on a copy of the pro-
posed large scale development plan and filing said copy with
the Planning Administrator .
( 3 ) Each large scale development plan shall be reviewed by
the Plat Review Committee at its next meeting , provided ,
if a development plan is not submitted to the Planning Administrator
at least six ( 6 ) days prior to a scheduled meeting of the Plat
Review Committee , the Committee shall review the plan at its next
scheduled meeting . The Subdivision Committee shall approve ,
900 / V
- 3-
disapprove , refer back to the developer for more information ,
or refer to the Planning Commission each large scale
development within fourteen ( 14 ) days from the date said plan
is reviewed by the Plat Review Committee . In the event a large
scale development plan is referred to the Planning Commission ,
said Commission shall approve or disapprove the development
plan within fourteen ( 14 ) days from the date of referral , or at
its next meeting .
( 4 ) The Subdivision Committee or Planning Commission may
refuse to approve 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 a city ordinance ,
a state statute , or a federal statute .
( c ) The developer refuses to dedicate the street right-of-
way , utility easements or drainage easements required by
this ordinance .
( d ) The proposed development would create or compound a
dangerous traffic condition . For the purpose of this
section , a " dangerous " traffic condition shall be con-
strued to mean a traffic condition in which the risk of
accidents involving motor vehicles is significant due to
factors such as , but not limited to , high traffic volume ,
topography , or the nature of the traffic pattern .
( e ) City water and sewer is not readily available to the
property within the large scale development and the de -
veloper has made no provision for extending such service
to the development .
( 5 ) ( a) No certificate of occupancy shall be issued until
the improvements required by Section 2 ( d) above are installed
to city specifications .
(b ) Upon completion of the development , the developer
shall file with the Planning Administrator an " as built " plot
plan for the large scale development showing :
( 1 ) The location of all buildings and the set-back
distance for said buildings from street right -of-way
and adjoining property lines ;
( 2 ) The location of any free- standing signs and the set-
back distance of said signs from street right-of-way
and adjoining property lines ;
( 3 ) The location , number , dimensions , and surfacing
of all parking spaces and of all screens or fences .
( 4 ) The location and size of all water , sewer , gas ,
electric , telephone , and TV cable lines .
( 6 ) An appeal from the decision of the Subdivision Committee
may be taken to the Planning Commission by filing written notice of
appeal with the Planning Administrator within ten ( 10 ) days from
the date of such decision . The notice of appeal shall spe-
ficially state the reasons the appellant contends the committee ' s
findings and decision were in error . An appeal from the decision
of the Planning Commission may be taken to the Board of Directors
by filing such a notice of appeal with the .City Clerk within
ten ( 10 ) days from the date of such decision .
900 16
- 4 -
( 7 ) The Planning Administrator may authorize minor modi -
fications in an approved large scale development . Minor modi -
fications shall include , but not be limited to , 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 in -
creased . In the event that a developer wishes to make major
modifications to an approved development , such modifications
shall be submitted to the Subdivision Committee in a form which
compares the approved submission with the desired changes .
After submission , the Subdivision Committee shall approve or
disapprove the requested modifications at its next meeting .
( 8 ) ( a ) Excluded developments . The following large scale
developments shall be excluded from the requirements of this section :
( 1 ) A single- family residence , an addition to a
single- family residence , or an accessory structure for
a single-family residence ;
( 2 ) An addition to an existing structure if the
addition will not ( a) exceed ten thousand ( 10 , 000 )
square feet , or ( b ) require more than twenty- five
( 25 ) additional parking spaces under the provisions of the
zoning ordinance , or ( c ) require a change in existing
ingress or egress ;
( 3 ) An additional structure when erected as part of
an existing development , subject to the limitations of
( 2 ) above .
( 4 ) A prefabricated , movable accessory building .
( b ) Building and moving permits : If a large scale develop-
ment which is excluded from the requirements of this section
meets the requirements for a building or moving permit , the
Building Inspector shall issue such permit immediately upon
determination that the development will not conflict with the
City ' s master street plan ; provided , if city water and sewer
service is not available to the development , no building or
moving permit shall be issued until the water supply and waste
disposal system proposed for the development has been approved
by the City Engineer .
Section 2 . That all ordinances or parts thereof in conflict
herewith are hereby repealed .
Section 3 . The Board of Directors hereby determines that the
present requirements for approval of a large scale development plan
are unduly time -consuming for the developer , for the Planning Com-
mission and for the Board of Directors ; that said requirements
interfere with the effective administration of local government ;
and that this ordinance is necessary to alleviate such conditions .
Therefore , an emergency is hereby declared , and this ordinance
being necessary for the public health , safety , and welfare , shall
be in full force and effect from and after its passage .
PASSED AND APPROVED THIS DAY OF t , � an � _ , 1976 .
APPROVED :
MA OR
. :W
e
EL ] 3K
900 77
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I . DARLENE WESTBROOK, 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 , �¢_, o2ad therein set forth ,
and the same is as it appears of
Record in v�
Volume V
at Page 74 — *7q thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this _�3 r Q_ day of
ay
E.
CITY CLERK
Id
:r
CERTIFICATE OF RECORD
$TATE OF ARKANSAS I SS.
yYashinVn County 1
: 1, Alma L. Kolimeyer, Circuit Clark and Ex-Officio Recorder for
` Washln�ort County, do hereby certify that the• annexed orr,pre.
` "go!reir t,� rurenlwas_fileQfprrecorrljnmCicaontheoc"flay
-�`�—� (�^lb1($tJ/_oA oc4 M, and ;he same is
duly recorded iif_1 iba _record of pag2
witness my Mand and ,eai thiqgjday ofs-19-
ALMA KOMMFYFR
_ - Circuit Clerk and
Ex-Officio Recor ed
ey CERTIFICATE OF RECORD
oeputy Clclerk State of Arkansas
SS
City of F:grottcvi!le
I, S;izanne C. Kennedy, City Clerk and
Ex-Officio recorder for tae City of Fayetteville,
do herebv certify that the anne%:e:l or fore-
going is of record in my office and the same ap-
pears in Ordinance Resolution book
V at page DT Witness my
hand and seal this day of
19
City Clerk and Ex-Officio Recorder
• c.
STATE of ARKANSAS 1
sceT.¢ nsvELOPMENTS,` �` County of Washington J} as.
Pe: IT ORDAINED BY THE BOARD
OF DIn FCTOHS OF TnE CITY OP
@Still I ILLe: :1 a KA <SAS. :
serbor . .re ?. lPrellrc C Article 1 [yV�_�({��f-a�eh_
Tc. III, I to py„ me Code hereby certify that t
n ere9daa b
ettet
( Orhin:,nk hereby ame I' - - --
. ( III as follows: IN am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
Scouoo L l.atp a t newspaper havin a second class mailing Se .1m: Laic arAlr deQv���t°,t' g g privilege, and being not less than
I lip ftrr oa(luill mLd "itis four pages of five columns each, published at a fixed place of business and at
: •d be a Pbd -rtv I 'lv, Cominitlee
"Pro.rn ba th, NIhldlFisbn Com- a fixed (daily ) intervals continuously 1n the City of Fayetteville, County of
we , rtn",+. pgya ly d,, Washington, Arkansas for more than a period of twelve months, circulated
ill, lJ Permit . P.Y tie g
o' . sil [Mata[[ Committee and distributed from an established place of business to subscribers and
to rarer .ny ming readers generally of all classes in the City & County for a definite price for
>(' 4 devo.omuant w Ill* o rev la tie
i opup�,ylop far approval. Approval to each copy, or a fixed price per annum, which price was fixed at what is
ab• ��D.bwtm. Man hot be
aetl�alla• t bconsidered the value of the publk.atlon, based upon the news value and
The yptl bview comonates shall service value it contains, that at least fifty percent of the subscribers
of Pn Af�ollowing: Inspection thereto have paid cash for their subscriptions to the newspaper or Its agents
S �Vect Superintendent, P
CloN Sanitation superinten- or through recognized news dealers over ap eriod of at least six months ;
dents; lily Cbl Admidstrative Assist
ant N Blip Manager, Trofnr suporin and that the said newspaper publishes an average of more than forty percent
(utlent, Planning Adm l'inludnr, ( IIInewsmatter.
I” �nttli , I lwv e .
I further certify that the legal notice hereto attached in the matter of
c ,
or
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. . . inn„ III) eon was published in the regular daily issue of said newspaper for _ ......_.__. ._...
or the coneesNiw Insertional as follows :
�.� by the
" ', a � for The tire[ insertion on be the ____..._ - day of _--2,1la<f.�.t�.. 19..-7.&
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devet�alalannr theLileNthe second insertion on the __....... _..__.. day of _____
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not ho i
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IN. vtPNHY
.: . the Priv 1
�it, it is ///
Sworn to and subscribed before me on this __L__...._..._ day of .. _------..__
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and
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resile ad
mord of ProWaed bu ifl tl-
Mlrona, perking uandnlacing
ng Pr areas mid
the tape. . Warts, d proays, for N Pnbllc
such ar6ee, streets. driveways, roan
cotsl community farniuea. pedestrian
vrllot. and open spare' M Commission Expires :
I ire
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- ' i � • aO °'°1' Fees for Printing ......._
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and name of any.
1(t - or intersects the
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Ill and nems d ady
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IF l ur Gaga scall dfyelop-
+e<rrrcd only the
i lal new an
11 cap pxw lit n. l
+ t I"I'll I alor
by I,ne I pops.
L Mae
Novel 4 streets
.titchuft
stormand
relation to
s lcal street
11 hall be
tbntalliSm.
ri_Id.duay .
a1 P(CH u .5 L one,.
Ih "ser
into
it Say re-
. street plan
Provided. -'the sib-
' na I At Not the a
III
pe
Ne A 641 11 1 kit
loan
fit) r^mWy wlm � n MME.mu n
Ill Article TO. Seellnn A of the cuh - 12
dN•smn reau'aCnns pertaining to
-if o in, s urf Ace ire In age, %voter sis
andsmitamm\sterile.
- (e) Prior to thewSubdivislon Com
mitre meeting at %blah the develop
mens plan is to be considered, the he
developer shall Rive notice of the pm in.
posed development to the owners of ` ril
c properly having a common bounon
dary with and a different zoning
elassiftentinn than the pruperiv pro
-
pn-ed he P nal be
i I , to Ind
el•i ;it
;de nk
'ttfd the
aid IT
II led I.it
all Ile
Ad
Ole
to on
11
IT nut
mn ,r
to r
To
I.r.
It
.,1 t
at I IT
or
Ill .rl) IT : I.1,. 1 11 . oro. m-
poe.d rte all, tlevolopmem oleo
and filing said copy with the Planning �,'I ,
Administrator.`
(3) Each large scale development di
plan shall be reviewed by the Plat dl . ,
Review Committee at Its next meeting, at
provided, if a development plan Is tst i .-n h..eleded df cLlnptoet.t.. '] Ile
net submitted to the Planning Ad- following large AT ale developments
minislrator at Iif six (6) days prior shall be excluded from the equire
to a scheduled meeting of the Plat mens of this section:
Comtriuee. to Commitee
� o .Im- (1) A 101181111 family resld I PIT
addition a to a single family
"n- or it aesideory structure to rn -
Ire fa(2) sm addi ; ,
Ire t2) Ab rhe ad io an routing
1pg structure V the addition will not (a)
'II- exceed ten rilliltheforand (la.grM) equate
• ' hIITT) torr • M1) rrrl uirv• III I
All
Twi
ds-
I 'm .!J Inprnt2
or disapprove the development plan -
wtihin fourteen (11) days from the
dib orf refclill. IT al it, next _ t
bore
or (4) A prehbrlealed, ntoi
to ary building.
`ret Of Buntline and moving 1), 1 In
If a large scale development r job
not I% excluded from the requirements of
- re this motion 'meets the reoNrrme:ns
L
Vt 1. .: i i : . n- shell I ; I m.. lM
1 11
(b) The inormsed delvelopment would
violate a oily orelnfull a state
I , TWO I 1 i"Ier:J . ams.
1ri I I I nn :da
led
Wd IT Ilk brrr:n ...� r. 11 br i .. al m•til
the water supply and waste • iap
dosall
��r system Proposed for the development
411 has been approved by the City
Engineer.
e Section 2. That all Prfluences or part,
-ask thereof in conflict herewith are hereby
�. Its repealed.
Social 3. The Board of Directors
' u Ile• hereby determines that the Present re-
5Apm barite quirements for
approval of a large seale
TI development plan are unduly for the
I auminin for the develinand pfr for and
IT
vel Atm Planning Comons; that and for the Beard
of Directions; that said requirements
service
ro the dev interfere with the effective ad
extending such service b tiro develgp ministration of total government; and
m�10. - that this ordinance is necessary W
A (a) Nn certificate of os<up alleviate such conditions. Themfore, an
be issued until the emergency is hereby declaredand this
kill 2W ordinance being ncressary for the public
in y admis. ' ' health, safely, and welfare, shall be
(b) i��,cpm a �19q the devealro11p� in full force and effect from and after
mens. ' Eiv tlper kli'elf yy xfW its passage.
the Plc Torg Adm inislralir an A PASSED AND APPROVED THIS fifth
built" plan fmthe large 'vale DAY OF February, 1996.
d, Irl ' I ' APPROVED-
- - Nation R 00...
:ATTEST MAYOR
Darlene Westbrook
CITY CLERK
In 4