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Home My WebLink AboutOrdinance 4377 ORDINANCE NO. 407V-1- AN 37`!1AN ORDINANCE TO AMEND CHAPTER 155 OF THE UNIFIED DEVELOPMENT ORDINANCE TO ADD AN APPEAL RIGHT TO THE PLANNING COMMISSION WHEREAS, the City Council of the City of Fayetteville wishes to ensure that none of its development ordinances require dedications or monetary payments in excess of the rough proportionality of the impact of the development; and WHEREAS, the City Council of the City of Fayetteville wishes to provide a right of appeal to the Fayetteville Planning Commission for any aggrieved person seeking to reduce required dedications or monetary payments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas adds the following Section 155.06 D.5 to Chapter 155 of the Unified Development Ordinance: §155.06 D. 5. Required Dedications And Improvements (a) An owner or developer who is aggrieved by the requirements of the Unified Development Ordinance for land, right-of-way or easement dedications, construction of on-site or off-site improvements, or payments in lieu of any dedication or improvement, which are in excess of the " rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the Preliminary Plat, Large Scale Development, Subdivision, Building Permit, Lot Split, development permit, or otherwise within ten days of notification of such development requirements. The appeal must be presented to the Planning Department in writing and state the grounds or reasons for the appeal. I - (b) The Planning Commission shall determine after public hearing whether the required dedications and improvements meet the "rough • Ord ,. 4377 proportionality" of the impact of the development on city infrastructure and services. If the requirements are in excess of the "rough proportionality", the Planning Commission is empowered to modify or reduce such requirements to achieve "rough proportionality." Section 2. That the City Council of the City of Fayetteville, Arkansas determines that it is in the best interest of the city and citizens of Fayetteville, Arkansas that this sections right to appeal to the Planning Commission is made retroactive to March of 2001 for any person aggrieved by a requirement to pay money in lieu of construction of a sidewalk determined by the Sidewalk Administrator to be unfeasible, impracticable or otherwise unsuitable at the property's location. PASSED and APPROVED this the 5f day of March, 2002. APPROVED: /� By: & C ° . DAN COODY, M r ATTEST:;.' lY oatherrWoodruff, City Cler • r NAME OF FILE: Ordinance No. 4377 CROSS REFERENCE: 03/05/02 Ordinance No. 4377 02/ 12/02 Memo to Mayor Coody and City Council Members, from Kit Williams, City Attorney, regarding Rough Proportionality Appeal Ordinance 03/05/02 Staff Review Form 03/07/02 Memo to Kit Williams, City Attorney, from Heather Woodruff, City Clerk 03 / 16/02 Proof of Publication NOTES : � M ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 155 OF THE UNIFIED DEVELOPMENT ORDINANCE TO ADD AN APPEAL RIGHT TO THE PLANNING COMMISSION WHEREAS, the City Council of the City of Fayetteville wishes to ensure that none of its development ordinances require dedications or monetary payments in excess of the rough proportionality of the impact of the development; and WHEREAS, the City Council of the City of Fayetteville wishes to provide a right of appeal to the Fayetteville Planning Commission for any aggrieved person seeking to reduce required dedications or monetary payments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas adds the following Section 155.06 to Chapter 155 of the Unified Development Ordinance: §155.06 D. 5. Required Dedications And Improvements (a) An owner or developer who is aggrieved by the requirements of the Unified Development Ordinance for land, right-of-way or easement dedications, construction of on-site or off-site improvements, or payments in lieu of any dedication or improvement, which are in excess of the " rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the Preliminary Plat, Large Scale Development, Subdivision, Building Permit, Lot Split, or development permit, or otherwise within ten days of notification of such development requirements. The appeal must be presented to the Planning Department in writing and state the grounds or reasons for the appeal. (b) The Planning Commission shall determine after public hearing whether the required dedications and improvements meet the " rough proportionality" of the impact of the development on city infrastructure and services. If the requirements are in excess of the " rough proportionality" , the Planning Commission is empowered to modify or reduce such requirements to achieve "rough proportionality. Section 2. That the City Council of the City of Fayetteville, Arkansas determines that it is in the best interest of the city and citizens of Fayetteville, Arkansas that this section's right to appeal to the Planning Commission is made retroactive to March of 2001 for any person aggrieved by a requirement to pay money in lieu of construction of a sidewalk determined by the Sidewalk Administrator to be unfeasible, impracticable or otherwise unsuitable at the property's location. PASSED and APPROVED this the day of 12002. APPROVED: By: pr _ r`fT DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk '.,.. :FAYETTEV?LLE A ° THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY ._. .. DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council Members FROM: Kit Williams, City Attorney ✓�� DATE: February 12, 2002 RE: Rough Proportionality Appeal Ordinance The Planning Commission unanimously recommended approval of the attached Ordinance which would permit a person who believes the requirements of the Unified Development Ordinance for land dedication, construction of improvements, or payment in lieu thereof are in excess of the rough proportionality of the impact of their development upon the city's infrastructure needs to appeal to the Planning Commission. I believe this right to appeal should be included within the UDO to ensure the City treats all persons constitutionally . The City should not ask more than what can be reasonably required to offset the impact of the development upon the need to improve or increase our infrastructure. A hearing before the Planning Commission should provide the very type of determination mandated by the Fifth Amendment of the United States Constitution as interpreted by the United States Supreme Court. � N " No precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development." Dolan v . City of ligLa.rd 512 U .S. 374, 391 (1994) . The ordinance uses the term " rough proportionality " because the Supreme Court selected that phrase and gave it important legal meaning within the context of city development requirements and impact fees. " We think a term such as 'rough proportionality' best encapsulates what we hold to be the requirement of the Fifth Amendment." Id. This term has been used repeatedly in federal courts when city dedications are challenged . The Eighth Circuit Court of Appeals held that Little Rock " failed to carry its burden proving rough proportionality between the dedication (of land) and the impact of the proposed rezoning." Goss v. Little Rock, 151 F3d 861, 863 (8th Cir. 1998) . I request that this ordinance be made retroactive so that individuals who had to pay substantial amounts not to build a sidewalk by their home can seek redress before the Planning Commission. STAFF REVIEW FORM so X AGENDA REQUEST CONTRACT REVIEW St GRANT REVIEW R Ft FOR: COUNCIL MEETING OF March 5, 2002 MAYOR'S APPROVAL FROM: Kit Williams Legal City Attorney Name Division Department ACTION REQUIRED: An Ordinance To Permit Appeal To Planning Commission To Request Reduction Of Exactions That Might Exceed The Rough Proportionality Of The Impact Of The Development COST TO CITY: Cost of this Request Category/ Project Budget Category/ Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: oun g Manag r Date Internal Auditor Date omey Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: CROSS REFERENCE Division Head Date �/ New Item: 1 eS No Department Director Date Previous Ordinance/ Resolution No.: Administrative Services Director Dale Mayor Date FAYETTEV&LE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk Me Date: March 7, 2002 ca o3i Please find attached a copy of Ordinance 4377 amending Chapter 155 of the Unified Development Ordinance to add an Appeal to the Planning Commission. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Clarice Pearman, Codifier 010 03 City, of Fayetteville 3 /12 /2002 Update P Index Maintenance • 7 : 54 : 47 Document It Action Reference Date Ref . Taken Brief Description ORD 3052002 4377 AMEND CHAPTER 155 /APPEAL RIGHT Enter Keywords . . . . . . . . : - - - - - - - - - - - - - - - - - - - - - - ORD . 4377 AMENDMENT CHAPTER 155 APPEAL RIGHT PLANNING COMMISSION UDO UNIFIED DEVELOPMENT ORDINANCE ROUGH PROPORTIONALITY File Reference # . . . . . . : MICROFILM Security Class . . . . . . . . : Retention Type : Expiration Date . . . . . . . : * * * * Active * * * * Date for Cont/ Referred : Name Referred to . . . . . . : Cmdl- Return Cmd8 - Retention Cmd4 - Delete cmd3 - End Press ' ENTER ' to Continue Cmd5 -Abstract Yes No ( c) 1986 - 1992 Munimetrix Systems Corp . 010 03 City of Fayetteville 3 /12 /2002 update OIndex Maintenance 8 : 55 : 53 Document Ite Action Reference Date Ref . Taken Brief Description ORD 3052002 4377 AMEND CHAPTER 155 /APPEAL RIGHT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enter Keywords . . . . . . . . : ORD , 4377 AMENDMENT CHAPTER 155 APPEAL RIGHT PLANNING COMMISSION UDO UNIFIED DEVELOPMENT ORDINANCE ROUGH PROPORTIONALITY File Reference # . . . . . . : MICROFILM Security class . . . . . . . . : Retention Type : Expiration Date . . . . . . . : * * * * Active * * * * Date for Cont/Referred : Name Referred to . . . . . . : Cmdl- Return Cmd8 - Retention Cmd4 - Delete Cmd3 - End Press ' ENTER ' to Continue Cmd5 -Abstract Yes No (c) 1986 - 1992 Munimetrix Systems Corp . ARKANSAS DEMOCRAT-GAZETTE Northwest Arkansas lodition N . W . Arkansas Times ------- Benton County Daily Rccord F P.O. Ilox 1607 I'.O- ❑o.x 1049 AN NO. 4377 0 DDNINANCE TO AMEND Fayct(mlle, Alt 72702 Ilentonville, Alt 72712 CHAPTER 155 OF HE UNIFIECE TO ADD I'honc: (479) 571 -641X) Phone: (477) 271 -3700 VELOPMENTAN APPEAL RIGHT TO THE PLAN. Fax: (479) 442- 1760 Fax: (479) 845- 1086 NING COMMISSION WHEREAS, the City Council of the City of Fayetteville wishes to on. sure that none of Its development a. AFFIDAVIT OF PUBLICATION Anences requirededicationseceat of theA - eFypp�arybymmnee�nn��t�ryN theimpfct rough it" ' of the Impact of the WFIERFAS NeGry Cancg of the I , do solemn) swr that I am Legal aF+YepewTew=to provide y eag rip t of al to the Fayetteville Panning INC MmIsslon for any ag. grieved parson seeking to reduce ro- Clerk of the Arkansas Democrat-Gazette newspaper, printed and published mArad eedlcationsormonetarypay. NOW'THEREFORE BE IT OR. DAINED 9Y THE CITY COUNCIL OF at Lowell , Arkansas, and that from my own personal knowledge and THE CITY OF FAYETTEVILLE, AR, Section 1. Thal the City Cpac6 of INCity of FayeeeWle, Arkxneay adds reference to the files of said publication, the advertisement of: me tog owing Section,155.06 Ds to Chapter 155 of the Unified Develop- ,a �S ^ --a men§15506nce; - (.1�`fl. // / §155.06 0. 5, Required loo Imp AiM lmDmvenems Ila)An owner or developer whoa 11991'lived by the requiremenisof the was inserted in the regular editions on: Unified Development Ordinance for IanO( 4ght-of-way or easement dedl- 3 )I � p cellons, construction on-site or I aRSRe improvemems, apaymemin lieu of arty tletlication Van eent, which ars in mcesehe im a routs pro- �p velopmen upon theci 'at azemc- ' Publication Charge $ . t�'� , DC7 tura requirement 10th may appealsuchrequkem pa to the Planning Commis, Purchase Order sin m a rye w, LWV,submission m e,e Preliminary ry PWtr Large Scale permit, . opmem, Subdivision, t paring Permit, en usis wit. thin days permit, ic oth- Subscribed and sworn to before me this erwishdavel tendaysofnrnernation of such aevehpmustre presented The appeal must be presented to the Planning Departgrounds or r is writing day of 2002 and slate the ground: or reasons for vthe L The Planning.Commission shall etermins after pGublic hearing whNha the requbed tledipaliais and Notary Public mprovemantsmeetthe 'rough pro- Myputonotty` of the impact of the de- Commission expires: elopment on city infrastructure and services. If the requirements are In excess of the `rough proponpnali y, the Planning Commission is empow- Offlaal Seal Bred to modify or reduce such re- TAMMY ALLEN qulmmen0 to achieve `nxrgh pmpor. 0 goy . Notary Public-Arkansas he Section 2. That IN �o- " Pleas WASH GTON LINTY termite that n t in the best interest Pleas dpd(Q�y y g #L&kpypi will be sent. of the City and d0aerw or FayinUingl., Arkansas that this sgegction's right to !m to the tCommission is moC IM b March o14001 M any person aggrieved by a require. ment to pay money In lieu of on. struction of a sidewalk determiied by the Sidewalk Administrator to be un- feasible, impracticable or otherwise /°p ! at the unsuftabSEDm A Pfl VED Mb�fhe F?If: r 1'.'B 1 Sd APPROVED Ol March, 2002. f V tau I By: DAN COODYMayu_ ATTESMT iCI O MAR 2 5 200 a16 2002 .GyG k CllCLERK SOFFICE