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