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HomeMy WebLinkAboutOrdinance 4316 ORDINANCE NO. 4316 AN ORDINANCE AMENDING THE TREE PROTECTION AND PRESERVATION ORDINANCE (6167.01 OF THE FAYETTEVILLE CITY CODE) TO ADD A VARIANCE SECTION WHEREAS, because the interpretation and application of §Section 167.07 Successors In Interest of The Tree Protection And Preservation Ordinance may not have been clear prior to January, 2001 and; WHEREAS, an owner or developer may have invested substantial sums to develop his/ her property by building infrastructure upon a reasonable assumption that the Successors In Interest Section would be applied differently than its current interpretation and application by the City Landscape Administrator and; WHEREAS, the City Council may need to decide whether it would be fair and reasonable to allow a reduction, alteration, or variance of §167.07 Successors In Interest to an owner/ developer identified above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby amends Ordinance No. 167.01 of the Fayetteville City Code by adding §167.09 as follows: § 167.09 - Variance' A. Appeal Rights If an owner or developer of a large development or subdivision, or an owner or developer of a lot within said large development or subdivision for which a Tree Preservation Plan had been approved pursuant to 167.05 prior to January 1, 2001, is aggrieved by the City's change in interpretation or application of §167.07, Successors In Interest, and the owner/ developer of a large development or the lot within such development has invested or expended substantial sums for development of infrastructure prior to January 1, 2001, then that developer, with the sponsorship of an alderman, may appeal the decision of the Landscape Administrator or Planning Commission concerning the Tree Preservation Plan to the City Council • • ord . 4316 B. Decision By City Council On Appeal If the City Council votes to hear this appeal, a public hearing will be held at the City Council Meeting. The City Council may grant such a reduction, alteration, or variance from the requirements of the Tree Protection and Preservation Ordinance if it determines such variance is necessary to avoid an unfair or impractical application of the Tree Protection and Preservation Ordinance upon this particular parcel of land. The City Landscape Administrator shall then administer the Tree Preservation Plan as determined by the City Council. PASSED and APPROVED this S day of June, 2001 . Fi, yEl E . APPROVED: DAN COODY, May APPROVED: Bather Woodruff, City Cler < NAME OF FILE: Ordinance No. 4316 CROSS REFERENCE: 06/05/01 Ordinance No. 4316 06/18/01 Departmental Correspondence to Kit Williams, City Attorney, from Heather Woodruff, City Clerk 07/11 /01 Proof of Publication NOTES : FAYETTEVI LLE Ci THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk Date: June 18, 2001 Attached is a copy of the ordinance amending the Tree Protection and Preservation Ordinance. The original will be microfilmed and filed with the City Clerk. cc: Tim Conklin, Planning Kim Hessee, Landscape Administrator r1 Kansas Democrat Gazette P ORDINANCE NO. 4316 A, Odi=. emending Me Tree Pro- AFFIDAVIT OF PUBLICATION fetlion and . P ase vatco D= AFFIDAVIT arca 1ss16 .to Me F=e City Wh el ro'FlEaaarT Saltier Whereas, 6ecr ,of M167.07 Interpretation sor appiin interest of he Tree Succes- sors In Interest of The free PMycfi t I and Peen clear Odtnerca may not do solemnly have been dear p lor to January, 2001 Whereas, an owner or developer may swear that I am Legal Clerk of the Arkansas nava Invested suBstamial wms to de- velop flow by_budd g ldba structure uponaP� essump tion that tthhee In Interest Section would be"applied d'dteremly Democrat-Gazette Newspaper, printed and published at Lowell, than los current Interpretation and appli- cations by the City Landscape Admin istmtor and; Arkansas and that from my own personal knowledge and wearer=, Me city decide Whether it Council cit may neer to be fair and d to sonde to asow a reduction, alteration, a variance of ss167.07 SuC2aapm In Interest to an o+merldeveloper identi- reference to the fit s of said publication the advertisement of Nd -'f ' /—�n6 ' Now, Therelore, Be A.eidained by Me l 1� v [ . 3l City Council at the,City'ec Fayetteville, Ahansas'. P°'»rp Section 1. That Me City Ce0 hereby emends Ordinance No. 167.01 of the Fa edsvine City. Code by adding s as .09aa inserted in the regular editions on M167m�wa, A./Apppeeaal RW_ ds 541P r,. II an oWmer or developer of a large de- velopment or atAdfAsbnj or an owner or developer of a nlog in said large de- velopment or sud'ENision for which a Tree Preservation Plan has been w proved pursuant ro 167.05 PFrior to Jar- nary 1, 2001, is aggrieved M Me Cit)+s clargm uneor � Publication Chargef a�acaW167.07, rs In merest a n Of ss' ,,o r ewwe�a��e Vthe � opment has invested or a pendedsub Purchase Order # stanbal sums for development of inhe. structure dor to January 1, 2001, Men that dM oper, with the aponsorehip m an alderman, may appeal the decision of the landscape Administrator Of Ptnm Commission concerning the Subscribed and sworn to before me this Council. �mn Pa to Me Cry 14B. Decision By Cry Council On APPA If Me CM Council votes to hear this ep- day of &1,',"otar-v , 2001 . Cryl'Couublic rcg Meeting. The CitY411 be y holdat may gram'such a reduction, wanton, or variance from the requirements of Me Tree Protection and Preservation Public ordinance it it detemines such van ace is necessary to avdd an umair or inpradow application of the Tree Pm /y team and Preservation Ordnance My commission expires /, Qa upon this pauwlar parcel of land. The l%M Landscape Mminishata shall Men administer Me Tree Presentation ISO . . ® PtamsseadendmAmedbeddthisi5M uncal.day Of OFFICIAL SEAL June, 2001. _. CAROLYN COAKLEY Den0�h* NoteryryPublic -Arkansas its. ,, :N . l3AYlgbfifttd11ZDl4rFyst Avenue, Fayetteville, Arkansas 72701 , (501)57176467 vthwWoodnm, city Cie* J246ury027611, 2001 RECEIVED_ _ - - _ JUL 19 2001 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE