HomeMy WebLinkAboutOrdinance 2982 2982RFpp�p
ORDINANCE NO .
MICROFILMED
AN ORDINANCE AMENDING ARTICLE III , SEC �I�JIQ A (•1 ) (k )
OF APPENDIX C TO THE FAYETTEVILLE CODE0RIxZNANCES,
TO CLARIFY THE REQUIREMENT THAT A SUBDIVI ftp �`D'�CATE
s LAND FOR PUBLIC PARK USE- OR MAKE A MONETARY Ct -
BUTION IN LIEU OF LAND DEDICATION .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
'Section 1 . That Article III , Section A ( 1 ) (k) ( 1 ) of
the Fayet— tevirle Code of Ordinances is hereby amended by
amending the first sentence to read as follows :
( 1 ) If , under the City ' s Comprehensive Land Use
and Community Facilities Plan ( General Plan 1970 -
1990 ) , a new park is to be located in the park dis -
trict where a subdivision is proposed and the sub -
divider does not dedicate land for park use in
accordance with said plan at a ratio of . 0125
acres of land for each single family dwelling unit and
. O1 acres of land for each multi - family dwelling
unit permitted within the subdivision under the City ' s
zoning regulations , the subdivider shall be required
to make a contribution in lieu of land dedication
according to the following formula with such contri -
bution to be used for the acquisition of park land
that serves the subdivision : $ 85 . 00 for each multi -
family unit and $ 105 . 00 for each single - family unit
permitted within the subdivision under the City ' s zoning
regulations .
Section 2 . That Article III , Section A ( 1 ) (k) ( 5 ) of
Appen ixcT'C to the Fayetteville Code of Ordinances is hereby
amended to read as follows :
( 5 ) All money received under this paragraph shall be
deposited in an interest - bearing account . Said money ,
together with the interest thereon , shall be expended
by December 31 , 1990 , for the acquisition of park land
that serves the subdivision for which a contribution
in lieu of dedication has been made . The City shall
keep accurate accounting records on the
use of all such money . If said money has not been
expended as provided herein by December 31 , 1990 , the
Planning Commission shall hold a public hearing within
sixty ( 60 ) days to determine the disposition of said
money . Seven ( 7 ) days ' notice of said public hearing
1101 602
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shall be given by publication in a newspaper of
general circulation in the city ; and the subdivider
shall be given seven ( 7 ) days ' written notice of
said public hearing by certified mail , return receipt
requested . Following the public hearing , the Planning
Commission may :
(a ) determine that additional park land is
needed to serve the subdivision and surrounding
area ; in such event , said money may be retained
- for a reasonable period specified by the Planning
Commission , but if said money is not expended as
provided herein within said period , said money ,
together with the interest thereon , shall be
refunded to the subdivider ; or ,
(b ) determine that additional park land is
not needed to serve the subdivision and sur -
rounding area ; in such event , said money ,
together with the interest thereon , shall be
refunded to the subdivider who made the contri -
bution .
Section 3 . That Article III , Section A ( 1 ) (k ) of Appendix
C to t ei�Fayetteville Code of Ordinances is hereby amended by
adding paragraph ( 7 ) to read as follows :
( 7 ) If the requirements of this paragraph are
shown by the subdivider to cause undue hardship as
they apply to his proposed subdivision , the Planning
Commission may grant a . variance to the subdivider
from such requirements , so that substantial justice
may be done and the public interest secured ; provided
that the variation will not have the effect of nulli -
fying the intent and purpose of this paragraph .
Section 4 . The Board of Directors hereby determines
that t eTi �City�s ordinance requiring subdividers to make
provision for public parks must be amended to conform to
the decision of the Arkansas Supreme Court in Cid of Fayetteville
v . IBI , Inc . , 280 Ark . 44 ( 1983 ) ; that the provision o a of qucT ate
paresis essential to the public welfare ; and that the
immediate passage of this ordinance is necessary to provide
for adequate public parks . Therefore , an emergency is hereby
declared to exist and this ordinance being necessary for the
1��1 6'D3
r
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public welfare shall be in full force and effect from and
after its passage and approval .
PASSED AND APPROVED this 7th day of February , 1984 .
APPROVED :
/
??"Zee
r �. y,h� r {a By :
E Ky. �`� •` Mayor
ATTEST ..•
By :
Ci C er c
CERTIFICATE OF RECORD CERTIFICATE OF RECORD .
r
Stnte of Arkanaas SS STATE OF ARKANSAS '
SS.
City of Fayetteville (
Wzshington County
I, Suzanne C. Xten:ze-.Iy, City Clerk fn A Ak;v L. 1< i .: CifoJitG I and Ex-OfficfoRecorde""
�' R-Officio reCOI:2CC bYt.'SC City rsf Fa'fyskt9*3111�r WashinC:on i -- 3ify that 'lift annexed nn���yyrfore+
do I;mIzby cert ^i thvA faq! a, -sfS"I Ar for§ goingir'irumentwa QQ I1Jrrc�poinm}ni -7onthah-da?
goiswisof mac-;rd in my QE: ^Zy:ltslthffi �3.� A1)' of 1Z�at .�.—.o'�.io-hT11. ::f the same 'i�1
plean >n Ozz '-biz-a= & I•'-Q=.Adhition ��l duly recorded in c� recorda%.Qi afpaag:
Witness my hand and seal rthi9!- day of
Ciro-uit Co-n F^ �R' _ _ -
Af
t�:i�'k ;LIIB �:lUffi� W1i4'l�S
664 .
1
ORDINANCE NO, 2982
An ordinance amending Article
111, Section A (1) (k) of Ap-
, Pendix C 'to the Fayetteville
Code, of Ordinances to clarify
the requlrement that a sub-
divider dedicate lana for public
. park use or make a monetary STATE of ARKANSAS
.contribution in'.lieu of land as.
,dedication. - ; � •• County of Washington
Be it ordained by the Board
of Directors of . the City of c
• FayetteVllle, Arkansas: ;
. section 1. That Article Ill,, I J hereby certify that I
Section ' A (1) (k) (1) ' of the Y Y
Fayetteville. Code of, Drill- am the publisher of THE NORTHWES RKANSAS TIMES, a daily newspaper
amends Is hereby amended
ntenc by
to having a second class mailing privilege, and being not less than four pages of
amending the first sentence to
read asfonows: five columns each, published at a fixed place of business and at a fixed (dally)
(1) u, under the City's intervals continuously in the City of Fayetteville, County of Washington, Arkansas
Comprehensive Lana use and
Community Facilities Plan for more than a period of twelve months, circulated and distributed from an
(General Plan 19701990), a established place of business to subscribers and readers generally of all classes
now parkin to be here a In me in the Cit and Count for a definite rice for each
Park districtwherea located
a sue- Y Y P copy, or a fixed price per
division is proposed and the annum, which price was fixed at what is considered the value of the publication,
subdivider does not dedicate based uponthenews valueand service value itcontains, thatat least fifty percent
lana far park use in accordance
With "fit plan at a ratio of .0125 of the subscribers thereto have paid cash for their subscriptions to the newspaper
acres of land for each .single or its agents or through recognized news dealers over a period of at least six
dwelling ileac and .Ol
acres M MM ler each mutt) months; and that the said newspaper publishes an average of more than forty
fares
family dwelling unit permitted Percent news matter.
within the zoning- regwoolvislonulations,under
the City's ider shall
be
ore-
the su0divtder snail be re- I further certify that the legal notice hereto attached in the matter of
qulred to make a contribution
. in .11eu of• land dedication ac 1fI �y.�/ n
..cording to thesuch
' foconllowing � tiu,-f (.(n( LL l/ Ill
.formula who such contribution
to be Used for the acquisition of
park land that serves the sub. /
division : $95.00 for each was published in the regular daily issue of said newspaperfor
multi-family unit and $105.00 consecutive insertions as follows:
for each single-family the unit
for each singlef the suit 1 Q (
_ divisionunder the City's zoning The first insertion on the �� / day of� 19 u
regulations. . t•
Section 2. That`•Article . Ill,
section A 01) (k) (5) Of Ap- ' the second insertion on the day of 19
pendix C to the,Fayettevllle
,ode amended to rea rites hereby ; the third insertion on the da of 19
Codeoftoreadcefollows: ' b Y
(5) All money received under .
this paragraph shall be dePos- .
' Ited, in an Interest-bearing ace and the fourth insertionT&, day Hof 19
count.' Said money, together :
,with the Interest thereon, shall J
be expended by December 31, '
1990, for the acquisition of park
lana that serves tee subdivision Sworn to and subscribed before me on thiscl! .t /Z'_ day of
for which's contribution in lieu
of dedication has been made. �� A
The city shall keep accurate C- 19
accounting records on the use
, of all such money. If said ,n ,
i money has not been expended '
as provided herein by De- Nola Public
cember -31, :1990, the planning t
omm u M a old a pu6irc
shearing within its ' (a0) days My Commission Expires: •%
laid Money.
the en (7 days' n _ /`� /
` n of
Yale money: Seven os ears' V/ ( I
natlCe of Mid public hearing
' shall be given by publication in ( ,
' a newspaper of general
circulation in the city; and the
subdivider shall be given seven
(7) days' written notice of said I
public hearing by certified ' Fees for Printing 5 r
mail, return receipt requested. 'I
Following the public hearing,
the Planning Commission Cost of Proof _ J
(say:
(a) determine that additional
park land is needed to serve the I Total _ 5 /��V/ ' �O
subdivision and surrounding
area; in such event, saitl
money may be retained for a
reasonable plriotl speCifiltl by
the Planning Commiss(on, but
if said more , Is not expended
as provided herein within said
period, said money, together . ,
with the Interest thereon, shall
be refunded to the subdivider;
-or, _ . .. .. . _ -r
(b) determine that additional '
park land is not needed to serve n c
the subdivision and surround. AM
ing area; in such event, said {�t,uVL. • ' v
money, together with the inter
est thereon, shall be refunded I
to the subdivider who made the I
contribution.
section 3. That Article Ill,
section A ( 1) (k) of Appendix C
to the . Fayetteville Code of
ordinances Is hereby amended
STATEMENT FOR ADVERTISING
Nart4wrst Arkansas cOintrs
Leased Wire of DRAWER 0 Circulation
Asaotwted Pre FAYETTEVILLE, ARKANSAS Where h Para
72701 pp
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Month o .L /f ua,tw ir.
Data— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
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Amount
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18 19 20 21 22 23 24 25 26 27 28 29 30 31
TOTAL s
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ALL ACCOUNTS DUE NOT LATER THAN IOrH OF MONTH. YOUR CREDIT IS VALU.
ABLE. PROTECT IT ANDiACCOMMODATIV09 BY REMITTING PROMPTLY.
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