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Home My WebLink AboutOrdinance 3793 ' F ! LED . FOR RECORD 14 AIRY 20 flM 8 03 ORDINANCE NO. 3783 WASHINGTON CO AR A . KOLLMEYER AN ORDINANCE AMENDING CHAPTER 159 OF THE CODE OF FAYETTEVILLE BY ADDING § 159.05 MAJOR DEVELOPMENT ; REQUIRING DEVELOPERS TO DEDICATE LAND FOR GREENSPACE; PROVIDING FOR WAIVERS AND VARIANCES FROM CERTAIN REQUIREMENTS ; AND PROVIDING FOR JOINT DEVELOPMENT OF GREENSPACE FOR ADJOINING DEVELOPMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . Chapter 159 of the Code of Fayetteville is hereby amended to add the following: § 159.05 MAJOR DEVELOPMENT. (A) In addition to the procedure of the subchapter that follows and other requirements found in Fayetteville's Code of Ordinances, a developer of a major development shall include on his concept plan, preliminary plat and final plat a proposed neighborhood or subdivision park in which the required dedication of land for greenspace pursuant to § 159.30(K) has been incorporated. The plat with the neighborhood or subdivision park shall be submitted to the Parks and Recreation Advisory Board for its approval. The approval shall then be included in all plats presetned to the Planning Commission. Any modification by the Planning Commission of the subdivision or neighborhood park shall be referred back to the Parks Board for its approval. (B) The Parks and Recreation Advisory Board shall ensure that the neighborhood park meets these requirements: 1 ) The physical characteristics of the designated land are suitable for park purposes. 2) The proposed park areas and any included recreational facilities are sufficient to adequately serve the residents of the development/neighborhood. 3) Adequate sidewalks, trails, and/or bikeways shall provide access for all residents of the subdivision/neighborhood to the park, but no vehicle parking shall be required. (C) The developer does not have the discretion to pay a cash contribution in lieu of the dedication of land for the establishment of this neighborhood or subdivision park. However, if the Parks and Recreational 9403092: Page 2 Ordinance No . 3793 Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be accepted in lieu of land dedication . The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks Board with instructions or for further study. (D) A developer of a major development can petition for a variance from the requirements of this section to the Planning Commission. The Planning Commission's approval of said variance must be affirmed by the City Council to become effective, and the Planning Commission's denial may be appealed to the City Council by an Alderman representing the Ward in which the proposed major development is located, or any Alderman if the major development is outside the city limits. (E) When it appears to the Planning Commission that one or more adjoining subdivisions or large scale developments are being developed, planned, or in the near future will probably be developed so that the total area or housing units meet the requirements of a major development, the Planning Commission may notify the owners/developers that their subdivision or developments shall be considered a major development and require coordination among the owners/developers to develop a neighbor park pursuant to this ordinance. Any such owner or developer may appeal the decision of the Planning Commission to require joint development of a neighborhood park to the City Council. PASSED AND APPROVED this 17th day of May 1994. APPROVED: By: -Aa red Hanna, Mayor ATTEST: ' erry qTholmas, City Clerk ' ' 1, Alm Kollmo•M, Circuit k.ar. un.. W7t-0ffitlO l:_ccs'_ , s•r Arkan:c, e , strumcnt :;r • i.' - any office 0 Ire6c < .". IS now duly rcm. :.• . ._ . . : -i% .:_.:3amem and ccr,:::- -, io ..xOrd ]ook and Paps ar 1- 'n -1. IN V.'C: .. . I have herounto sot my Fc.. '7.H tho = l of sold Court on t;. _ = J horoon. `:stCb Of y of Fa�¢;tr_viile ( Circuncbrkand I, rSrerry Thcrtas, City Clerk sad Ext Ci, 3icio rceorsca- &-otflcwerrwrdx Fayetteville, da IiM r they City of s�,I annexed or for y certify that the hraV office and the�8aimef record to my U.. Ordinance & Resolution Eipears fit ag page o book )( ✓ I I at seal e'� Fitness my handand 9�Y___ L7.�--day of �//�a�.�..� STATE OF ARKANSAS SS. ORDINANCE NO. 3]93 County of Washington AN ORDINANCE AMEND- ING CHAPTER 159 OF THE , CODE OF FAYETTEVILLE. _ I, hereby cer- BY ADDING § 159.05 MA- the recommendation for a tify that I am the publisher of T ORTHWEST ARKANSAS TIMES, a daily JOR DEVELOPMENT; RE- cash contribution or returm newspaper havina second class mailing privilege, and being not less than four pages ofQUIRING DEVELOPERS TO the subdivision plat to the. DEDICATE LAND FOR Perks Board with instruc- five columns each, published at a fixed place of business and at a fixed (daily) intervals GREENSPACE; PROVIDING tions or for further study. FOR WAIVERS AND VAR- continuously in the City of Fayetteville, County of Washington, Arkansas for more than IANCES FROM CERTAIN (D) A developer of a major a period of twelve months, circulated and distributed from an established place of business FlEPROVIDING ENTS : AND for development can petition to subscribers and readers generally of all classes in the Ci and Count foradefmite rice PROVIDING FOR JOINT fore variance from the re-on B y City y P DEVELOPMENT OF quirements of this section for each copy, or a fixed price per annum, which price was fixed at what is considered the GREENSPACE FOR AD- the Planning Commis- JOINING publication, u JOINING DEVELOPMENTS. sion. The Planning Commis- L"value of the ublicatibasedn the news value and service value it contains, that at BE IT ORDAINED BY THE sion's approval of said var- least fifty percent of the subscribers thereto have paid cash for their subscriptions to the CITY. COUNCIL: EV THE tante muse be affirmed be tl e newspaper or its agents or through rero nized news dealers over a period of at least six CITY OF FAYETTEVILLE, the City Council m become B B B ' ARKANSAS: effective. and the Planning months; and that the said newspaperpublishes an average of more than forty percent news Commission's denial may, matter. Section 1 . Chapter 159 of be appealed to the City the Code of Fayetteville is Council by an Alderman hereby amended to add the representing the Ward in following: whichthe proposed major I further certify that the legal notice hereto attached in the matter of development is located. or MAJOR any Alderman it the major 0211 rgnic r 372 .3 DEVELOPMENT. devany Alderman is oche the' (A) In addition to the proce- city limits. dura of the subchapter that was published in the regular daily issue of said newspaper for follows end other require- IEI When it appears to the P B y i merits found in Fayette- Planning Commission that consecutive insertions as follows: villa's Code of Ordinances, one or more adjoining Bub- a developer of a major de- divisions or large scale de- velopment e- ///�� I (��/ [JI his concept Shall include on loped, planned, are being dove- The first insertion on the l da of 19q 1 his concept plan, prde n- velop planned, being in the day of plat and final plat a near future will probably be proposed neighborhood or developed so that the total subdivision park in which area or housing units meet the second insertion on the day of 19 the required dedication o the requirements of a major land for greenspace Pur- development. the Planning ' avant to § 159.30(K) has Commission may notify the the third insertion on the day of 19 been incorporated. The plat owners/developers that with the neighborhood or their subdivision of develop- subdivision park shall be ments shall be considered a and the fourth insertion on the day of 19 submitted to the Perks and major development and re- Recreation Advisory Board quire coordination among for its approval. The ap- the owners/developers ' to proval shall then be in- develop a neighbor park 1l cluded in all plats presented pursuant to this ordinance. R E C E I V E l] to the Planning Commis- Any such owner or devel6zx�� - sion. Any modification by loper may appeal the deci- the Planning Commission of sion of the Planning Com- Publisher / General Manager the subdivision or neighbor- mission to require joint de- JUN 0 3 1994 hood park shall be referred v e I o p m e n t of a back to the Parks Board for neighborhood park to the its approval. City Council. MIME DEPT. (B) The Parks and Recrea- PASSED AND APPROVED ' tion Advisory Board shall this 17th day of May, 1994. ensure that the neighbor- APPROVED: hood park meets these re- By Fred Hanna. Mayor , quirements: 1) The physical ATTEST: characteristics of the desig- By: Sherry L. Thomas, City nated land area are suitable Clark- for lerk for perk purposes. 2) The - - - proposed park areas and any included recreational fa- cilities are sufficient to . L dents of the development/ y adequately serve the resi- Swom to and subscribed before me on this 4 da of neighborhood. 3) Adequate sidewalks, trails. and/or bikeways shall provide ac- • \ 19 Cess for all residents of the subdivision/neighborhood to the park, but no vehicle Parking shall be required. ICI The developer does not . Notary Public have the discretion to pay e Cash contribution in 6eu of the dedication of land for My Commission Expires: ' ', the establishment of this neighborhood or subdivision Park. However, [ Parks ' O ^ __ OO . and Recreational Advisory Board determines tht a { I _ feigble or ad park is not ' recon or advisable. it may $ 1 recommend m then City Fees for Printing t Council that a cash conrri- 'r bution pursuant to our orifi- Cost of Proof $ — nance be accepted in lieu /1 1 of land dedication. The City Total Council will either accept