HomeMy WebLinkAboutOrdinance 2998 a
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ORDINANCE N0 . 2998 'e� APR � R`-CORD
MICRORLMlb / ? Pry
AN ORDINANCE AMENDING APPENDIX C . ARTICkPE, TII , SECTION 38
A ( 1 ) ( k ) OF THE FAYETTEVILLE CODE OF ORDINANCESi /TO _
CLARIFY THE REQUIREMENT THAT DEVELOPERS DE6�O�T,E L':ANp
FOR PUBLIC PARK SITES OR MAKE A REASONABLLC/EQ�J�1 AMf,EN 'a ' r
CONTRIBUTION IN LIEU OF LAND DEDICATION . Ct6Rk '
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Appendix C , Article III , Section
A ( 1 ) ( 1 o the Fayetteville Code of Ordinances is hereby
H� amended to read as follows :
( 1 ) When a proposed subdivision does not provide an
area or areas for a public park based on the Fayetteville
Parks Plan , the subdivider 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 of park land that serves the subdivision .
Land shall be dedicated at a ratio of . 0125 acres of
land for each single family dwelling unit and . 01 acres
of land for each multi - family dwelling unit permitted
within the subdivision under the City ' s zoning requlations .
A contribution in lieu of land dedication shall be
made according to the following formula : $ 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 .
If the subdivider legally restricts the number of
dwelling units to be constructed to less than the
maximum density permitted by the City ' s zoning regulations ,
required land dedication or cash contribution in lieu
thereof shall be based upon actual density .
No land proposed for dedication as a public park
shall be accepted unless the Planning Commission determines ,
after consultation with the Parks and Recreation Advisory
Board , that ( 1 ) the physical characteristics of the
site , and its surroundings , make the site suitable for
park purposes , and ( 2 ) the proposed dedication is
consistent with the Fayetteville Parks Plan .
nodlffi x614
- 2 -
Section 2 . That Appendix C , Article III , Section
A ( 1 ) (kj(ST-67the Fayetteville Code of Ordinances is hereby
amended to read as follows :
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 . If said money has
not been so expended by said date , said money , together
with the interest thereon , shall be refunded to the
subdivider who made the contribution .
Section 3 . That Appendix C , Article 3 , Section A ( 1 ) ( k ) ( 6 )
of the a— y�ville Code of Ordinances is hereby amended to
read as follows :
Upon recommendation of the Planning Commission , after
consultation by the Commission with the Parks and Recrea -
tion Advisory Board , the Board of Directors may waive or
vary the requirements of this section , provided :
( a ) the developer designates land for private work
areas within the development and guarantees to
provide recreational facilities in said areas
within twelve months from final plat approval ;
( b ) the developer guarantees that said land and
facilities will be permanently maintained for
recreational use ;
( c ) the physical characteristics of the designated
land are suitable for park purposes ;
( d ) the proposed park areas and recreational
facilities are sufficient to adequately serve the
residents of the development ; and
( e ) the developer guarantees that if said land and
facilities are not properly maintained , as deter -
mined by the City ' s parks and recreation director ,
said land and facilities shall be dedicated to the
City for use as a public park .
Section 4 . That subparagraph ( 2 ) of Appendix C , Article
III , ection ( 1 ) ( k ) of the Fayetteville Code of Ordinances is
hereby deleted and subparagraphs ( 3 ) , ( 4 ) , ( 5 ) , ( 6 ) of said
section are hereby redesignated paragraphs ( 2 ) , ( 3 ) , ( 4 ) ,
and ( 5 ) , respectively .
BOOK1106PAGEM
_ 3 _
of
Section 5 . The provisions of Appendix C , Article III ,
Section A ) of the Fayetteville Code of Ordinances are
hereby declared to be severable . Should any provision of
said section be declared invalid , such declaration shall not
affect the validity of the remaining provisions which can be
given effect without the invalid provision .
Section 6 . The Board of Directors hereby determines that
the City'—s or3inance requiring subdividers to make provisions
for public parks must be amended to conform to the decision
of the Arkansas Supreme Court in City of �F�ayettt�te__v��il�l__e�� v . IBI ,
Inc . , 280 Ark . 44 , 659 S . W . 2d 505 987 ; tt aovision
of—adequate parks is essential to the public welfare ; and that
the immediate passage of this ordinance is necessary to provide
for adequate public parks . Therefore , an amergency is hereby
declared to exist and this ordinance being necessary for the
public welfare shall be in full force and effect from and after
its passage and approval .
PASSED AND APPROVED this 3rd day of April 1984 .
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APPROVED :
e .
By .
{ rte' Mayor
rA `� `.
! I mi
rt <
\wr " er CERTIFICATE OF RECORD
STATE OF ARKANSAS
SS.
Washington County
CERTIFICATE OF RECORD I, Alma L. Ko!lmi"er, Circuit Clerk and Ex-Officio Recorder for
Washington Co;:n•y. do hereby certify that the annexed fir (fore-
state of Arkansas SS goins instrun•.snt tv_s fil`1yyfor recroord in my office on tha l_l-day
City of Fayetteville l o _19gvjs53d o'ciockZ MN and the some is ,
I, Suzanne C. Kennedy, City Clerk and duly recorded i _ �r- ecord at age�4�-4
Ex-Officio recorder for the City of Fayetteville, Witness my hand and seal thi . 9 day of 19
do hereby certify that the annexed or fore-
circuit
going is of record in my office and the same ap- Clerk and
pears in 1 Ordinance & Resolution book '` Offic o corde
_X—V Lat page Witness my to Deputy Clerk
hand and seal fl. clay of
19 BOOK 1106 MGE U1U
Clerk and Ex icio Reco
\ ) tl w 4).1 . .. ! 15.. i i taa � 4 fYt�" ;•.; ' �P� r ,�. . _
CLE'111,WCWCWATrrinTs+r-. .
THE FAYETTEVILLE 'CODE -j 1 ARKANSAS
OF ORDINANCES- TO CLAR- STATE O } Bs.
IFY THE REQUIREMENT i J
THAT DEVELOPERS D
,DE- I ` County of Washington
ILATE WI ;FOR PUBLIC M ^
' PARK 511ES,;QR!iaMKE .,A�, "' -- H J
EQUIVALENT ' CONTRIBU- I hereby certify that I
TION IN -LIEU OF LAND
'DEDIC,4T1oNr. :+v." • ' ` � - am'thepublisherofTHE NORTHWEST RKANSASTIMES, adallynewspaper
''B@ IT:ORDAINED, BY TAA. having a second class mailing privilege, and being not less than four pages of
rBOARD. OF DIRECTORS FI:
T'THe- cl�w:�"D5-'�'FAr T „ five columns each, published at a fixed place of business and at a fixed (daily)
J: viL E (cRKANSAS' Intervals continuously in the City of Fayetteville, County of Washington, Arkansas
erhai�APoendix 'e•: for more than a period of twelve months, circulated and distributed from an
:.Crticle:llf%Section AO1-(k)141)i..
',-6f.:the -Fayettavllle Cbd ."011 1 established place of business to subscribers and readers generally of all classes
Ordinances 1I , Ie , amended
in the City and County for a definite price for each copy, or a fixed price per
I,toreadalfolipws a -
. (1) ;when a proposed . Sbb annum, which price was fixed at what is considered the value of the publication,
dlVlstbh.?doesnot"provide Sri" based upon the news value and service value It contains, that at least fifty percent
area syr;elves fur-a-,pobpc parlFt,
% basgq,ion :,fhe..rFavetlevUle:, of the subscribers thereto have paid cash for their subscriptions to the newspaper
.. Parks ;Plan . the?_ . . S'tid1V1der;, . or Its agents or through recognized news dealers over a period of at least six
shall be::re* red to¢, make - months; and that the said newspaper publishes an average of more than forty
`:reascriable .dedlcatlert M IS
for publlC'park 100111tlae' orad ;. . percent news matter.
make.:ajteasanable,aqulval*n!4
txtritpbu/lop In. ueu .ot dedica- --. I further certify that the legal notice hereto attached in the matter of
. tion Of,Idn Svcrc conl1rrlbulion
to be used for the llcgit tion o}t
:park ;land than serJh ih! wW_�, 0 a j�0 9 9 `
tllvls10r1: " ""
. Land Shall be.dedicated at b " ,
ratio 'g1,..0125 acres of land for
each single„faml,Y dwelling , was published in the regular daily Issue of said newspaper for
unit enif .oil act” of land for
eachmulti famllydwelling un It Consecutive insertions as follows:
permltretl within the sub- -
do Won under she City s zoning
requlailtlhs � ' The firs[ Insertion on the day of �. 19
A contribution In lieu of land Y'
. dedication shall he. matla ac ,.
cording '.to , the foiiowing'.' the second insertion on the day of 19
formula : 185.00 for each'
multi-famnv It: an $1os.ro the third insertion on the day of 19
for
ea<h : single family unit'
perms Ned , w[thin the 'sub-
-dlVlsion %M r.mecity's zoning and the fourth insertion o� H
day _ of 19
'regulatlalso -ac's,•'.
If the svlitlivltler.:legally re-. t
stricts the number.of tlwelling . 7
units to be�C011strUCted to less '
Inert. Me . maximum density 1
'permitted by the'aty s zoning.. Sworn to and subscribed before me on this c t � day of
regulations required land dr ;
^dKatienarcash contri Wlion ir. .L . 9
j
Ileo the shall )x'Dased upo , ,
actual tlensny
No rang Proposed for detlica
_lion at. a -publl4'. park,shall.
Oe.
unless=the p I ning' Notat ublie
Coirirn lsstonn determines, ' ' )
l -attar" Consvltatt9n with Me -
}� ato aWRaMs, ion 1AdVNb:. My Commission Expires:
�b 0" Mat R)'the O%Vsicat,+
A[actarlal'1cs Df the site, arwf
.its surroundings, mane the site
suitable for park purposes, and - � I • -
r (2) the proposed dedication is ;
consistent with the FaYettevind . . .
,. Parks Plan dix�C,�- .
Section 2. That Appan
.' Article 111 section A(1) (k) (5) Fees for Printing — $
/�3•
of the - Fayetteville Code of
Ordinances 19 hereby amended ,.
to read aslonovni• ' - Cost of Proof — s
" All money' received unper.
this paragraph shall be de.
sposited It% an interest-bearing Total — $ • ��
"account, Said money, together
with th0 interest ihereeh, shall
be expended by December
1990, for the acquisition of park ' -
land that serves the subdivision
for which 'a'coplributioO in lieu ,
. of dedicailon has been made. If
said money has not been SO
expended by said date, said
money, together with the inter-
est thereon, Shall be refunded
to the subdivider who made the i L
contributle(1. 1 . ' _
Section 7. that Appendix C: . - r_ • ,• „ a
Article 7, Section All ) (k) (6) I - � lvv'1
bf the Fayetteville Code of I _
Ordinances is hereby' amended
t"UpnaecOmm . ACCXVTS PAYABLE
read rsc MOWS: eTlon of Me
Planning Commission, alter
consultation by - the Com"
• ;,mission with the Parka 'and,
L • Recrebtion:-,.Advisory :goarot>.
t io the 5eedivmer who made the
ContributloA.
Section 3. That Appendix C,
Article 3, Section A (1 ) (k) (6)
of the Fayetteville Code tat '
Ordinances is hereby amended
to read 8s follows:
. Upon recommendation of the
Planning Commission, after
consultation by the Com
mission with the Parks and
Recreation Advisory Board,
the Board of Directors may
waive or vary the require
- ments of this section, provided :
(a) the developer designates
land for private work areas
within the development and
guarantees t0 provide recre
ational facilities in said areas
within twelve months from
final plat approval;
(b) the developer guarantees
that,said land and f aci l sties wi 11
Pa.permanently maintained for
recreational use;
(c ) the physical charac-
terlstics•of the designated land
•are Suitable for park purposes:
(d) the proposed park areas
and recreational facilities are
sufficient to adequately serve
the residents of the develop
Ment; and
let the developer guarantees
that if said land and facilities
are rapt properly, maintalnedi
as determined by the City'S
perks and, recreation director,
sdldladd and facilities shall be
dedicated to the City for use as
a public park. -
Section A.-That subparagraph
(4) of Appendix C. Article III,
Section A(1) • (k) of the Fayep
'teville Cede of Ordinances Is
hereby deleted and subpars
grap % (S). 16). (5). (6). of saitl
aaclion are hereby re '
deMfylaNa oaraerephs 116
IS). la). ane (5), respectively.
section S. The prOv"M of
APPM i e C. AMC PC 111, Section
AM (k: of mar Fayetteville
Cede of Or"lian .es we tlereOy
declared to be aeveroble.
SrtOVM any provi4pt of saitl
SM111elt be declared frivel,d.
YKh decterstb ,!tall not of
teat /M volatility of the remain.
Ivy tttoviabnf whish can be
01M1 NIM without the mealid
SaCtlOn A. The Board of
tI Direeters'. hereby determines
that me City's ordinance re-
WtirIng subdividers to make
provisions for public parks
AIOSI.be amended to Cbnform to
the .decision of the Arkansas
.Supreme Court In City - of
Fayetteville v. IBI, Inc., 480
Ark: 34, 659 S.W. 2e 505 ( 1983) ;
that the provision of adequate
parks is essential to the public
welfare; and that the im
mediate passage of this ordi
nonce is necessary to provide
for 'adequate public parks.
Therefore, an emprgency -is .
MrebY."er1r,W .,d`:exfat/:�
vnf. "d. .rrse'rs 1
FOR
MARE CHECKS PAYABLE TO: G 1 No jC;11 (Z CLASSIFIED INVOICE
RTfSIlYO- -
21386 1� NORTHWEST ARKANSAS TIMES
LINES J TIMES AMOUNT
P.O. DRAWER D FAYETTEVILLE, ARKANSAS 72701
212 NORTH EAST AVENUE PHONE (501 ) 442-6242 YOUR CLASSIFIED INVOICE Is
NOW DUE. IF NOT PAID WITHIN 10
DAYS AMOUNT DUE WILL BE
PHONE
CLERK
INDEXING TERMS:
ORD : 1 rr NcE
C : ty of Fa I e t tA'+' L % 1e AD GIVEN BY CLASSIFICATION
\ 102`•.
L`F84iF {' SOLICITED BY OPERATOR
F CODE
Faget �', aville SA`,.
7 102 J 00
STARTDATE STOP DATE SKIP SCHEDULE
0 - f21 /8 04121 :14 Rh
PLEASE PAY PROMPTLY
_.Q:7 � . i ` L ' _ . cir'
:S" Ii;�w+, c %2 < • Hl' I ? Fri , IK
LE III . SEC TI :, TCJL'E 1F O8. T331i.!» .CE'.:
TO CLACZIFY Tl1 e::' i3i, Tr ::
