HomeMy WebLinkAboutOrdinance 3797 FILED FOR RECORD
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- WASHINGTON CO AR
ORDINANCE NO. 3797 A . KOLLMEYER
AN ORDINANCE AMENDING CHAPTER 159: SUBDIVISION
REGULATIONS . , § 159 .30(K) OF THE CODE OF
FAYETTEVILLE SETTING FORTH THE PROCEDURE FOR
DETERIMING IF THE DEVELOPER WILL DEDICATE LAND
OR CONTRIBUTE MONEY IN LIEU OF DEDICATION,
INCREASING THE CONTRIBUTION FORMULAS ,
ESTABLISHING THE PROCESS OF OBTAINING A
VARIANCE AND FOR OTHER MATTERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That § 159.30(x) of the Code of Fayetteville is hereby repealed and the
following inserted in its stead:
§ 159. 30. Urban Subdivision.
(K) Required dedication of land for public park sites, or a reasonable equivalent
contribution in lieu of dedication of land.
( 1 ) (a) When a proposed subdivision does not provide an area or areas for
a public park based on the Fayetteville Parks Plan, the developer
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 and development of park land that serves the
subdivision or development.
(b) Prior to submittal of a preliminary plat or large scale development
plan, the developer shall submit to the Parks and Recreation
Advisory Board a concept plat or plan .
(c) The developer and the Parks and Recreation Advisory Board shall
make a joint recommendation to the Planning Commission as to the
land dedication or contribution in lieu of dedication. In the event
the developer and advisory board are unable to agree, the
developer and advisory board shall make separate recommendations
to the Planning Commission who shall determine the issue.
(d) The Planning Commission shall determine if the developer will
dedicate land or contribute money in lieu of dedication. No land
dedication will be accepted as a public park unless it is determined
by the Planning Commission, after consultation with the Parks and
013� 915
Ordinance No , 3797
Page 2
Recreation Advisory Board, that the physical characteristics of the
site, and its surroundings make the site suitable for park
purposesand the proposed dedication is consistent with the
Fayetteville Parks Plan .
(e) The Planning Commission's decision must be incorporated into the
developer's preliminary plat or large scale development plan prior
to plat or plan approval .
(f) Land shall be dedicated at a ratio of .025 acres of land for each
single-family dwelling unit, .02 acres of land for each multifamily
dwelling unit, and .015 acres of land for each mobile home
dwelling unit permitted within the subdivision under the city's
zoning regulations.
(g) A contribution in lieu of land dedication shall be made according
to the following formula: $300.00 for each single-family unit,
$240.00 for each multifamily unit, and $180.00 for each mobile
home unit permitted within the subdivision under the city's zoning
regulations.
(h) If the developer 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.
(i) If a developer dedicates park land which exceeds the requirement
of this paragraph, the planning commission may grant the
developer a credit equivalent to said excess. Said credit shall be
applied toward the developer's obligation under this paragraph for
any subsequent development located in the same park quadrant.
(2) All dedications of land must be made before final plat approval or large
scale development approval . A final plat shall not be released for
recordation until the deed for a land dedication is received. Deeded land
is dedicated public park land and not subject to any right of reversion or
refund. A cash contribution in lieu of required land dedication in a
subdivision or large scale development shall be payable within thirty (30)
days of final plat approval or large scale development approval. With the
approval of the Planning Commission a developer may pay such
contribution in three (3) equal installments to be paid in full within one (1 )
year of final plat approval . If a developer makes a cash contribution in
94fJ30915
Ordinance No , 3797
Page 3
lieu of land dedication, the developer shall be entitled to a pro rata refund,
together with the accrued interest therefrom, in the event actual density is
less than the density used as the basis for the developer's contribution;
provided, no refund shall be made unless application therefor is made in
writing to the planning administrator within one year from the date of final
plat approval. In the event actual density is more than the density used as
the basis for a dedication of land or cash contribution the developer must
make an additional land dedication or contribution in lieu of dedication.
(3) The requirements of this division shall apply to lot splits, replats of
subdivisions and large scale developments; provided, said requirements
shall not apply to a lot split or replat which does not create one or more
vacant lots on which a structure could be erected under the city's zoning
regulations.
(4) All money received under this division shall be deposited in an interest
bearing account. Said money together with the interest, shall be expended
within three (3) calendar years of the last date of the calendar year in
which it was received for the acquisition and development 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 within the three
year period, said money, together with the interest thereon, shall be
refunded to the developer who made the contribution.
(5) Any variation in the land dedication ratios or contribution formulas set
forth above shall he considered a waiver and require approval of the City
Council. Upon recommendation of the planning commission after
consultation by the commission with the parks and recreation advisory
board, the city council, upon determination that enforcement of the
ordinance would cause unnecessary hardship or that the problems or merits
of the development reflect unique circumstances, may waive or vary the
requirements of this section, provided:
(a) Any dedication of land or contribution in lieu of land or
combination thereof shall adequately provide for the park and
recreational needs of the proposed subdivision and he consistent
with the Fayetteville Parks Plan.
(b) If the subdivision proposes to contribute services, facilities or
,equipment in lieu of a cash contribution, such a contribution shall
not be accepted by the city unless the Parks and Recreation
94030917
Ordinance No . 3797
Page 4
Advisory Board has been consulted and provided a
recommendation as to the appropriateness and safety of such
contribution.
(6) The requirements of this section shall not apply to any development where
the subdivision plat was filed of record after September 12, 1960, and
before January 20, 1981 .
PASSED AND APPROVED this 17th day of May 1994.
APPROVED:
By :
red Hanna, Mayor
ATTEST:
By :
D
Sherry U. Thomas, City Clerk
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t ORDINANCEIyji 3797 In Land- shall be dedi�•zonin9 regulations T
AN`' ORDINANCE AMEND. eared at a ratio of .025,
ING CHAPTER 158' $UBDI- acres of land for eacl�(4)I All moray recllJbe
VISION , REGUL'p71ONS . , single-family dwelling unit. under this division shell be
SIS9.30iK1 ' dF THE CODE .02 acres of land for each deposited in . an interest:
OF, 'FAYETTEVILLE SET- multifamily dwelling unit. bearing account. Said mo-
TING FORTH THE PROCE. arid .015 acres of land for- ney together with the inter-
DURE FOR DETERMINING. each mobile home dwelling est , shall be expanded
IF THE DEVELOPER WILL unit Permitted within the within three 131 calendar, STATE OF ARKANSAS
DEDICATE LAND OR CON- subdivision under the city's Years of the last date of the
Tf11BUTE , MONEY IN . LIFUzoning regulations. calendar year in which it SS.
QF,�,'DEOICATJON INCRt'AS` was received for the ac County of Washington
ING rTH�' CONTRIBIFYION '(g) A contribution in lieu quisitionn and development
F�111ORMULAS STAB6'6fj�-1- of land dedication shall be 'ot paryand that serves the,
ING `THE r,,ROCESS OF OB.. made according to the fol-
subdivision for which aeon- �y.
TAtNINGip; - VARIANCE APD lowing formula: $30000 for , tribution in lieu of dedica- I' 7 � l JIO� herebycer-
FOR oT(1Efi- MA7TER5: each single-family unit . tion has been made. a said tify that I am the publisher of E NORTHWEST ARKANSAS TIMES, a daily
5240.00 for each nn ltifam- money has not been so ex- y
8&' '7 ORDAINEDr BY THE 11 sly unit• and $ 180.00 for pended within the three newspaperhaving a second class mailing privilege, and being not less than four pages of
OIJTlyY' COUNCIL OF TMEi each mobile home ••nit per- year
togetherwithth the mmoney.
five columns each, published at a fixed place of business and at a fixed (daily) intervals
DIst
19 OP 1FAVETTEVILLE; . mitred within the subdivi-( thereon, shall be refunded continuously in the City of Fayetteville, County of Washington, Arkansas for more than
ARI1 .2ANSA5: y Ston under the city's zoning to the developer who made a period of twelve months, circulated and distributed from an established place of business
regulations' the contribution.
of then ode oft Fayetteville (hl
' to subscribers and readers generally of all classes in the City and Count for a definite price
of the Code of Fayetteville (hl If the developer legally (fi) Any variation in thel for each copy, or a fixed rice t annum, which rice was fixed at what is considered the
is hereby repealed and the restricts the number of py p per p
land dedication ratios oil
following ineertetl in its dwelling units to be con- contributionformulas set value of the publication, based upon the news value and service value it contains, that at
stead: .y`_ ,' ', maximstructd to less than the forth above shall be consid l least fifty went of the subscribers thereto have aid cash for their subscriptions to the
maximum' density g eula- y 11e p
`sjpermittederetl a waiver and require) p
'subs vis on. urban t ons.thecity's
retl hand Sed ce- approval of the City Council , newspaper or its agents or through recognized news dealers over a period of at least six
F. Upon recommendation of months; and that the said newspaper publishes an average of more than fortyrcent news
tion or Cash contribution in the planning commission of- l>e
9K) Retuired dedication lieu thereof shall be based matter.
lof aIancl��for public ark ter consultation by the com-
p P upon actual mission with the parks and
Telles; or a reasonable
.. recreation advisory board.
pyuivelent cation of
la is ca p a developer deli- mi city council. aeon dater- I further certify that the legal notice hereto attached in the matter of
Ilau of dedication of land. setas park land which ex- urination that enforcementcee '
this p thraph, the
plan of of the ordinance would . �.(j I '^ „ �•�� �
u ( v When a proposed this paragraph, the planning cause unnecessary hardship f x
subdivision does not pro- commission may grant the or that the problems or
Vida an area or areas fora developer a credit equiva- merits of the development
public perk based on the lent to said excess. Saidreflect uniquecircum- waspublished in the regulardady issue of said newspaper for
Fayetteville Parks Plan, the credit shall be applied tow-
developer shell be required and the developer's oblige- the requiremen
land is of this consecutive insertions as follows:
to make a land for • provided:deli- tion under this paragraph section
cation of for public for any subsequent dove- r
park facilities, or to make a lopment located in the lel Any dedication ofi,•Ibntl The first insertion on the da of19
reasonable equivalent con- same park quadrant. or contribution in lied' of �— y
tribution in lieu of dodicn- land or combination thereof
tion of land, such contribu- (2) All dedications of land shall adequately provide for the second insertion on the
tion to be used for the ac- must be made before final day Of 19
onal
quisition and; tlavelopement plat approval or large scale the perk and proporecresed of the proposed sub-
of park on or a serves the net plat eh[ approval. A e- tlivision and be consistent the third insertion on the
s`ubtlivisibn or development. net plat shall not be re- with the Fayetteville Parks day of 19
leased for recordation until plan.
(b)- Prior to submittal of a the deed for a land dadica-
and the fourth insertion on the
preliminary plat or large tion is received. Deeded da Of 19
scale development. plan, the land is dedicated public pro If the subdivision Y
t. proposes to contribute ser-
developerPrks Snell submit to park land and not subject to vices, facilities or equip-
the Perks and Recreation any right of reversion i re- Ment in lieu of a cash con-
Ativisory. Board a concept fund. A cash contribution in /
plat or, .plan. lieu of required land dedica. tion tribution• accepted such a a
tion in a subdivision or shall not be accepted
by the city unless the Parks
10 The : developer and the large scale development RECEIVE u
PPoarks 'and' Recreation Advis- shall be payable within and Recreation Advisory Publ her / General Manager
er Board has been consulted g
g/y_Board'ahell make a joint thirty (301 days of final plat and provided a recommen-
IrAecgmmendation to the approval or large scale de- Cation as to the appropriate-
1Planhing Commission as to velopment approval. With ness and safety of such JUN 0 3 1994
the Ladd dedication or con- the approval of the Planning contribution.
itribu[io0 in. lieu of dedica• Commission a developer
rtion; Inrtne event the drive-' may Pay. such contribution
lopes. land advisory board in three (3) eq (61 The requirements of
install- EIi�AtdCE DEPT.
bra unable to agree. the de- ments to be paid in full this section shall not apply
veloper and' advisory board to any development, where
within one 11 ) year of final the subdivision plat was
'shall make separate recom- , plat approval. If a developer filed of record after Sep- '
mendations to the Planning makes a cash contribution [ember 12, - -
Commission who shall de-, ' in lieu of land detli1960 , and be-
cation. lore January 19 1981 .
[ermine the issue. i the developer shall be an-
I titled to a pro rata refund. PASSED AND APPROVED]
(d) The Planning Commis- I together with the accrued
sion shell determine if tha� � interest therefrom, in Ilia
this 17th day of May. 1994. 1 117yt`•
developer will dedicate land i event actual density is less Sworn to and subscribed before me on this day of
or contribute money in lisuifthan the density used asAPPROVED:
of dedication. No land Jodi- I , the basis for the deve- By: Fred Hanna. May
Orion will be accepted as a loper's contribution; pro- ATTEST: 19
public park unless it is de vided, no refund shall be By: Sherry L. Thomas
termined by the Planning made unless application City Clerk
Commission, after consulta- therefore is made in writing r
tion with the Parks and Re- I to the planning administra-
creetion Advisory Board• for within one year from
that the physical character-, the late of final plat ap- -
ratics of the site. and its proval. In the event actual p Notary Public
lit
gurroundings make the Sita density is more than the -
uitable for park purposes density used as the basis , vly Commission Expires:
:htl the proposed dedica for a dedication of land or '
tion is consistent with the ; cash contribution the deve-
Fayetteville Parks Plan. loper must make an add,-
Lionel land dedication 0rI 111
(0) The Planning Commis- contribution in lieu of
sion's decision must be in- dedication.
corporated into the deve-
loper's preliminary plat on (3) The requirements
large scale development this division Shall apply to ;es for Printing .$
Plan- prior to plat or plan lot splits. replats of subdivi- , $
approval. sions and large scale leve 'Cost Of Proof
quiremlopments: provided,, saitl rayl
-. _ .- . 27
quire mems shall not apply Total $
to a lot split raptor which
doesnot create one or
more
vacant lots on b ec i
structure couldd be ',
erected under the city's
