HomeMy WebLinkAboutOrdinance 4431 ORDINANCE NO, 4431
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT ORDINANCE OF THE CODE OF FAYETTEVILLE,
TO PROVIDE A DATE CERTAIN FOR THE EXPIRATION OF
APPROVED DEVELOPMENT PLANS AND PERMITS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 166, Development of the Unified Development
Ordinance, Code of Fayetteville, is hereby amended by inserting the following:
§166.18 EXPIRATION OF PREVIOUSLY APPROVED PLANS AND PERMITS.
All approved large scale developments, planned unit developments, conditional uses, and
lot splits approved prior to July 1 , 2002, which have not received all required permits to
begin construction, have not begun construction, have not been established, or in the case
of lot splits, have not been recorded within twelve (12) months from the date of the
passage of this ordinance, shall be required to comply with all current ordinances. The
City Planner is authorized to approve minor plat modifications and/or design changes
necessitated by compliance with this section.
§166.19 EXPIRATION OF APPROVED PLANS AND PERMITS.
A. Applicability. The provisions of this section apply to all of the following plans
and permits:
1 . Preliminary plats;
2. Planned unit developments;
3. Conditional uses;
4. Large-scale developments;
5. Lot splits;
6. Physical alteration of land permits;
7. Stone water, drainage, and erosion control permits;
8. Tree preservation plans;
9. Sign permits; and,
10. Floodplain development permits.
B. One-year Time Limit.
1 . All of the above-enumerated plans and permits are conditioned upon the
applicant accomplishing the following tasks within one (1 ) year from the date of
approval:
a. For any renovation or new construction, receive a Building Permit; and/or,
b. For a lot split, record a deed or survey at the Washington County Circuit
Clerk's Office, stamped for recordation by the City Planning Division; and/or,
c. Receive a Certificate of Zoning Compliance; and/or,
d. Receive all permits and approvals required by City, State, and Federal
regulations to start construction of the development or project.
2. Prior to the expiration of the one (1 ) year time limit, an applicant may
request the Planning Commission to extend the period to accomplish the tasks by up to
one ( 1 ) additional year. The applicant has the burden to show good cause why the tasks
could not reasonably be completed within the normal one ( 1 ) year limit.
3. If the required task(s) are not completed within one ( 1 ) year from the date
of approval or during an allowed extension period, all of the above-enumerated plans and
permits shall be rendered null and void.
C. Three-year Time Limit.
1 . All of the above-enumerated plans and permits are also conditioned upon
the applicant completing the project and receiving final inspection approval and/or a final
Certificate of Occupancy permit within three (3) years from the date of issuance of a
Building Permit.
2. Prior to the expiration of the three (3) year time limit, an applicant may
request the Planning Commission to extend the three (3) year period to complete the
project by up to two (2) additional years. The applicant has the burden to show good
cause why the project could not reasonably be completed within the three (3) year time
limit.
3. If the applicant fails to meet the requirements of subsection C.1 . within
three (3) years from the date of issuance of a Building Permit or during an allowed
extension period, all of the above-enumerated plans and permits shall be rendered null
and void.
Section 2. That §163.02, Authority; Conditions; Procedures, of the Unified
Development Ordinance, Code of Fayetteville, is hereby amended by inserting the
following:
E. Expiration if Discontinued. All existing conditional uses that are discontinued
for more than one ( 1 ) year shall be rendered null and void, and shall not be reestablished
without Planning Commission approval of a new conditional use permit.
PASSED and APPROVED this 5`s day of November, 2002.
APPROVED:
By: 4 ILAzee�
DAN COODY, Mayor
ATTEST:
By:
lire
ATHER WOODRUF Xity Clerk
s • fAYEI�t
1 ,,
NAME OF FILE: Ordinance No. 4431
CROSS REFERENCE:
Item # Date Document
1 11 /05/02 Ordinance # 4431
2 09/24/02 Staff Review Form
3 10/23/02 Memo from Heather Woodruff, City Clerk to Tim Conklin,
Planning
NOTES :
• STAFF REVIEW FORM
_X_ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
FOR: COUNCIL MEETING OF October 15, 2002 MAYOR'S APPROVAL
FROM:
Tim Conklin Planning Division
Name Division Department _
ACTION REQUIRED An Ordinance Amending Title XV: Unified Development Ordinance of
the Code of Fayetteville, to Provide a Date Certain For the Expiration of Approved
Development Plans and Permits
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:
Acco rtin Manag Date Internal Auditor Date
r^ g - ZH - a -s
CityRkt ey I Date ADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION:
v2 _ CROSS REFERENCE
Division Head Date
New Item: Yes No
Department Director Date
Previous Ordinance/Resolution No.:
Ie ative ces Di for Dat
Mayor Date
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT ORDINANCE OF THE CODE OF FAYETTEVILLE,
TO PROVIDE A DATE CERTAIN FOR THE EXPIRATION OF
APPROVED DEVELOPMENT PLANS AND PERMITS
BE IT ORDAINED BY THE CITY COUNCIL OViTCIT ` OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 166, Develo ment ofceruinifi d Development
Ordinance, Code of Fayetteville, is hereby amen6e by inserting heofoll wing: I f
§166.18 EXPIRATION O&PRE'VIOUSLY PP OVED P ANS AND PE S.
All approved large scale-dee aelopme , ts, planne unit evelopments, conditions ses, and
lot splits approved prior toJuly 1�, 02, while have n t recerveb all required permits to
begin construction, have not beg construcii , halve nt been established, or in the case
of lot ppiils have` not beeh�reec1 1 \ rded within
twelve)
,)7 m nths from the date of the
passage of this ordinance, hall be requireiJ to comply with all current ordinances. The
City, Panner is authorized to approve miino plat modifications and/or design changes
necessitated by coli nce 'th tliiss Win.
§166.1 EXP TIONaO APPROVED PLANS AND PERMITS.
A. AD fica bility. The provisions of this section apply to all of the following plans
andypermrts:
1 . Preliminary plats;
2. Planned unit developments;
3. Conditional uses;
4. Large-scale developments;
5. Lot splits;
6. Physical alteration of land permits;
7. Storm water, drainage, and erosion control permits;
8. Tree preservation plans;
9. Sign permits; and,
10. Floodplain development permits.
B. One-year Time Limit.
1 . All of the above-enumerated plans and permits are conditioned upon the
applicant accomplishing the following tasks within one ( 1 ) year from the date of
approval: '
a. For any renovation or new construction, receive a Building Permrtl ; and/or,
b. For a lot split, record a deed or survey at theoWringt(Jnounty C ircuit
Clerk's Office, stamped for recordation by the City Planning Divas and/or,
c. Receive a Certificate of ZoningC m Bance; and/ ,
d. Receive all �P er'rmmits d appy 5 alss re uired by ity, State, an Federal
regulations to start conArrulion of'�tfflle development or; oject.
i
rPrni or to the exp�ticn of thone (I ye ime limit, an applicant may
requestnning Co i�sio to exten the per to accomplish the tasks by up to
one (1 ) additional year. ITHe applicant has burden to show good cause why the tasks
could not reasonably be +orppleted\1;0hin the normal one ( 1 ) year limit.
3. IVe regui lretasks) are not completed within one ( 1 ) year from the date
of approval orr.�daring an allowed extension period, all of the above-enumerated plans and
permits-shy 5e rendered null and void.
C. Three-year Time Limit.
1 . All of the above-enumerated plans and permits are also conditioned upon
the applicant completing the project and receiving final inspection approval and a final
Certificate of Occupancy permit within three (3) years from the date of issuance of a
Building Permit.
2. Prior to the expiration of the three (3) year time limit, an applicant may
request the Planning Commission to extend the three (3) year period to complete the
project by up to two (2) additional years. The applicant has the burden to show good
cause why the project could not reasonably be completed within the three (3) year time
limit.
3. If the applicant fails to meet the requirements of subsection C.1 . within
three (3) years from the date of issuance of a Building Permit or during an allowed
extension period, all of the above-enumerated plans and permits shall be rendered null
and void.
Section 2. That §163.02, Authority; Conditions; Procedures, of the Unified
Development Ordinance, Code of Fayetteville, is hereby amended by inserting the
following:
E. Expiration if Discontinued. All existing conditional uses that are discontinued
for more than one ( 1 ) year shall be rendered null and void, and shall not be reestablig � d
without Planning Commission approval of a new conditional use permit.
I
PASSED and APPROVED this day of / 2002 .
APPROVED-
By:
PPROVED:By
Al OODY, Iv�ayor
ATTEST \
By:. , 1 OX
- H THER W ; ODR FF, Gity Clerk
I
i
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
THROUGH: Hugh Earnest, Urban Development Director
FROM : Tim Conklin, City Planner
DATE: September 27, 2002
ADM 02-29.00: Administrative Item (Large Scale Development Ordinance/Expiration) To amend
the Unified Development Ordinance to require all approved undeveloped or discontinued large scale
developments, planned unit developments, conditional uses, and lot splits that have not received all
required permits to begin construction, have not begun construction, have not been established, or recorded
to meet all current Unified Development Ordinances.
To amend the Unified Development Ordinance to set time limits for application/plan/project approvals
by staff, Planning Commission, and City Council.
BACKGROUND
Staff has brought forward these amendments to the UDO in order to address the issues of `old" large
scale developments and other approvals and permits that do not meet current ordinances and standards,
developments that are occurring on "paper subdivisions" without public hearings or notice, and have
no existing time limits for current and future approvals.
The staff and the Planning Commission has dealt with all of these issues over the past few years and
the public and elected officials have expressed concern regarding several developments, approvals, and
permits that do not meet current ordinances or ever expire.
RECOMMENDATION
Staff recommends approval of the proposed amendments.
H:I USERSICOAfAfONIPLANN/NGIREPOR7SIPCREPOR7S2002LSEPTEMBERI9-9U SDAND EXP/RAT/ONOF PERMJ7S ADM02-29.DOC
Planning Commission• • • •
September 9, 2002
Page 25
ADM 02-29.00: Administrative Item (Large Scale Development Ordinance/Expiration)
To amend the Unified Development Ordinance to require the development of any lot(s) in a
previously approved and recorded subdivision, where required infrastructure such as sewer,
sidewalks, streets, street lighting, or water is lacking or incomplete, .or in the judgment of the
City Planner is otherwise inadequate to serve the proposed development, shall be processed in
accordance with the requirements for a large-scale development, regardless of the size or
number of lots.
Hoffman: Our next item on the agenda is ADM 02-29.00, which is another administrative
item for Large Scale Development Ordinances and Expiration dates. This item
is to amend the Unified Development Ordinance to require the development of
any lots in a previously approved and recorded subdivision where required
infrastructure such as sewer, sidewalks, streets, street lighting or water is
lacking or incomplete or in the judgment of the City Planner is otherwise
inadequate to serve the proposed development shall be processed in accordance
with the requirements for a Large Scale Development regardless of the size or
the number of lots. Secondly, to amend the Unified Development Ordinance to
require all approved undeveloped or discontinued Large Scale Developments,
Planned Unit Developments, Conditional Uses and Lot Splits that have not
received all required permits to begin construction, have not begun construction,
have not been established or recorded to meet all current Unified Development
Ordinances. Then thirdly, to amend the Unified Development Ordinance to set
time limits for application, plan, and project approvals by staff, Planning
Commission and the City Council.
Conklin: Madam Chair and members of the Commission I would like for you to review
this ordinance this evening however I would like to bring back to the next
Commission a final version of the ordinance and there may be some people here
tonight that would like to also offer comments but I think it would be valuable
for staff to hear- from the Commissioners if we need to make any changes. The
City Attorney and I can get together and we can produce a final draft. Basically
we are trying to bring forward an ordinance that would amend our Large Scale
Development requirement and place that Large Scale Development requirement
for development that is occurring within or adjacent to what is called like a
paper subdivision where the infrastructure has not been placed or installed.
Also, within this ordinance we are trying to establish an expiration of a
previously approved plan or permit. We currently have Large Scale
Developments that have been approved by the Commission in the early 90' s,
maybe even in the 80's that are existing that currently do not meet our current
standards for tree preservation, commercial design standards, parking lot
landscaping. This ordinance revision would require that they either build their
development within 90 days from the date of passage of the ordinance or they
be required to meet all current city ordinances. I have been fairly successful in
getting these developments to meet our current ordinances, especially with
commercial design standards. There were some metal buildings that were
Planning Commission• • • •
September 9, 2002
Page 26
approved a while back prior to our commercial design standards. You have
some very prominent visible intersections in Fayetteville. However, it would be
helpful to have this ordinance in place so I don't have to sit there and ask them
to voluntarily comply with these standards. We have a commercial
development on Hwy. 265 and Huntsville Road, right behind the gas station, a
commercial shopping center that currently doesn't have landscaping within the
parking lot. Also the back of the building will be visible from the back of the
street. I am working with them to try to get into compliance as much as
possible. There was no expiration. The commercial development at Rupple
Road and Wedington Drive that went in, several of you asked about when we
approved this. Well it was approved many, many years ago prior to probably
anyone on this Commission. Once again, staff had to work with them to at least
bring it up as close to compliance with our current standards. That is the second
part of the ordinance. The third part is to make sure any future approvals for the
different things that the City of Fayetteville approves has an expiration date on
them and we have a one year time limit and we have conditions for the projects
once they are approved to begin construction or renovation, receive their
Certificate of Zoning Compliance, record the lot split deed and file it over at the
County, receive all the permits from the city, state, and federal regulations.
Basically once we approve a project we want to make sure that that project is
going to be built and it is going to be built within a time frame. After the
permits are issued I also proposed a three year time limit. If you get your permit
and you are under construction that within three years you need to complete
construction. I have some projects out there that are many, many years old that
have not completed construction. Certain things they have not complied with, it
is more of an enforcement issue. I want it in writing in the Unified
Development Ordinance to state that all your approvals will be voided if you
don't start your project and complete it. I am not going to name the project but
just a couple of Planning Commission meetings ago after Planning Commission
approved the project I met with the developer and at that time we talked about
meeting the conditions of approval by the Planning Commission. They talked
about years, taking years to meet these conditions. That concerned me when we
talked about screening, commercial design standards, landscaping. They were
talking about doing this piece meal. I think it is very hard to keep up with as
staff and we just need to clarify that in the ordinance. Those are the three major
changes that are proposed with regard to Large Scale Development. Requiring
that all previously approved development after 90 days will meet all of our
current ordinances and setting up a three year time limit. Thank you.
Williams: Madam Chairman, I just wanted to tell you that one reason we did not want you
to go forward tonight is .that there were some suggestions made at your
Thursday evening agenda session. We have not been able to get all that down
in black and white. We are pretty close and will be getting you what we believe
are more finished ordinances so don't waste too much time studying the ones
you have in your packet now because we are going to incorporate the
Planning Commission• . • 6
September 9, 2002
Page 27
suggestions that the Planning Commission made at it's agenda session and we
will be getting you new clean copies of ordinances which I think are slightly
improved from your suggestions.
Hoffman: Thank you Mr. Williams. Is there any member of the public that would like to
address us on these proposed ordinances? Seeing no one, I will bring it back to
the Commission for discussion and motions.
Bunch: Just a quick question for Kit and for Tim also I guess, in those revisions that you
are contemplating do they include some system of extensions and also to
accommodate phased jobs?
Williams: I have drafted some language concerning the extensions. I haven't drafted
anything specifically about phased jobs. Both of the extensions would have to
come before the Planning Commission and the developer would have to show
good cause why they could not complete the tasks within the time period
originally allowed. It would be their burden and they would have to appear
before the Planning Commission prior to their time period expiring and then the
Planning Commission would have the power to grant an additional year in the
first one and I tentatively have put an additional two years on the completion of
the project. If you think that we need something else in a phased project then I
welcome any sort of language that might incorporate that idea. I have not
included anything in relation to a phased project.
Hoffman: Thank you Mr. Williams.
Shackelford: I was also someone who brought up a couple of points in the agenda session that
I want to go ahead and get on record. The points that I made Thursday were
that as this proposed ordinance is currently written that regardless of the size of
the development or the lot in which this development is on something as minor
as an incomplete sidewalk or a missing street light could force a project through
the Large Scale Development process. My concern was that you have a small
business owner, and we have seen several of these in my time on the Planning
Commission, a very small building on a lot that he or she may own that this
could be very cost prohibitive for that developer to the tune of 15, 20 or 30%
additional cost just for the process to go through Large Scale Development. I
would ask that the City Planner be given a broader discretion in the enforcement
of this ordinance or some other situation which we can address.
Williams: I have some proposed language and I am going to get with our City Planner that
should take care of that situation I hope. Tim has been understaffed and with
the lateness of the suggestions we just weren't able to get everything together
for tonight.
Shackelford: I understand, I just wanted to get that on public record.