HomeMy WebLinkAboutOrdinance 4545 ORDINANCE NO. 4545
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT
CODE (UDC), CHAPTER 166: DEVELOPMENT, CODE OF
FAYETTEVILLE TO EXEMPT LOTS DEDICATED AS PARK
LAND FROM THE BULK/ AREA REQUIREMENTS OF THE
ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the following language be inserted at §166.03(K)(4), with
subsequent sections to be renumbered accordingly:
(4) Zoning Requirements. Lots created for the purpose of park land
dedication shall not be required to meet the standards for lot size, bulk
and area within any zoning district.
PASSED and APPROVED this 1711, day of February 2004.
APPROV
By:
D COODY, ayor
ATTEST: (�
By: (1vJJLI
SO DRA SMITH, City Clerk
'fir ��
0 0
NAME OF FILE: Ordinance No. 4545
CROSS REFERENCE:
Item # Date Document
1 01/30/04 memo to mayor & city council
2 draft ordinance
3 01 /26/04 memo to Planning Commission
4 01 /21/04 memo to Planning Commission
5 02/03/04 Staff Review Form
6 02/09/04 memo to Dawn Warrick
7 03/01 /04 Affidavit of Publication
NOTES:
City Council Meting of February 17, 2004pr
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: January 30, 2004
Subject: Administrative Item for Park Land Zoning Exemption (ADM 04-05 .00)
RECOMMENDATION
Planning Staff recommends approval of an ordinance amending the Unified Development
Code to exempt lots created for the purposes of park land dedication from meeting the
bulk and area requirements of the zoning ordinance.
BACKGROUND
Park land that is currently dedicated to the City of Fayetteville to meet development
criteria is required to meet the bulk and area requirements of Ch. 161 : Zoning
Regulations. Oftentimes the tracts found desirable by the Parks and Recreation Advisory
Board do not have adequate frontage onto an improved street with sufficient right-of-
way, nor do they meet the requirements for development within each respective zoning
district. The result is a variance request from the Board of Adjustment or a Conditional
Use request for a tandem lot from Planning Commission. It is the intent of the proposed
ordinance amendment to allow for the legal creation of these desirable park land tracts by
exempting said tracts from the bulk and area requirements of the zoning ordinance.
DISCUSSION
The Planning Commission voted 8-0 in favor of this request on Monday, January 26,
2004.
BUDGETIMPACT
None.
1
ORDINANCE NO.
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT
CODE (UDC), CHAPTER 166: DEVELOPMENT, CODE OF
FAYETTEVILLE TO EXEMPT LOTS DEDICATED AS PARK
LAND FROM THE BULK/ AREA REQUIREMENTS OF THE
ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the following language be inserted at §166.03(x)(4), with
subsequent sections to be renumbered accordingly:
(4) Zoning Requirements. Lots created for the purpose f ark ° nd
dedication shall not be required to meet the standad o size, bulk
and area within any zoning district.
PASSED and APPROVED this 17th day of Fbruary 2004
RO ED:
B
DANCOO Mayor
ATT( ST:
By:
rJDNDR : ' MI= - ity Clerk
y • •
FAYEITEVIL LE
MEMORANDUM
Date: January 26, 2004
To: City of Fayetteville Planning Commission
Thru: Connie Edmonton, Parks and Recreation Director
From: Rebecca Ohman, Park Planner
Subject: Amendments to the Park Land Dedication Ordinance
Parks and Recreation Staff maintains as a guiding principle for park land and trail corridor acquisition to meet the
needs of the natural environment and surrounding communities. In our review, these lands are often located along
stream and river corridors, wetlands, and areas that provide valuable connections between neighborhoods. We
have found these sites rarely configure to the dimensions of a typical lot, thus justifying Parks and Recreation's
request to amend the Unified Development Code (ULC), Ch. 166: Development. We believe this amendment will
assist in acquiring lands that complete our trail corridors and provide appropriate park land for our community in
the most efficient manner.
Therefore, Parks and Recreation Staff concurs with the proposed amendment to exempt lots dedicated as park land
from the bulk/area requirements to the zoning ordinance.
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W. Mountain Street
Fayetteville, Arkansas 72701
Telephone: 479444-3472 Email: rohman&i.fayetteville.anus
FAYETTEVILLE PC Meeting of January 26, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: January 21 , 2004
ADM 04-05.00: Administrative (Park Land Zoning Exemption) was submitted by the
Fayetteville Planning Division requesting an ordinance amendment to the Unified Development
Code (UDC), Ch. 166: Development, to exempt lots dedicated as park land from the bulk/area
requirements of the zoning ordinance. Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends the Planning Commission forward the ordinance amendment to Chapter
166 with a recommendation of approval for adoption by the City Council.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: January 26, 2004
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: February 17, 2004
BACKGROUND
Pursuant to § 166.03 (k), a developer is required to dedicate land or money-in-lieu of land, as
recommended by the Parks and Recreation Advisory Board and approved by Planning
Commission, in order to fulfill the requirements of the Park land dedication ordinance. Currently
those parcels of land recommended by the Parks and Recreation Advisory Board and Parks Staff
to be valuable within the City of Fayetteville Parks Master Plan and/or Alternative Trails and
Transportation Plan are required to meet the bulk and area requirements of the zoning district in
which they are located. The intent for dedication of said land is for parks and recreation purposes,
and does not allow for construction of additional dwelling units, businesses, etc.
In many cases, park land dedication is along tributaries and creeks within the City of Fayetteville,
thereby preserving valuable tree canopy, stream corridors and wildlife habitat, or in areas where
frontage onto a street and/or right-of-way would be intrusive as an element of a trail system,
greenway corridor or parkland. In other cases, land recommended for park land or trail. corridors
is situated behind existin*d/or proposed lots, and the bulk and area requirements of each
respective zoning district can not be met without processing variance requests from the Board of
Adjustment or obtaining Planning Commission approval for a Tandem Lot. It is the intent of the
proposed ordinance amendment to allow for park land tracts to be legally created by exempting
them from meeting the bulk and area requirements in any zoning district. Appropriate access to
park land shall be determined with each development proposal.
The current park land dedication ordinance reads as follows, with the proposed amendment
underlined:
166.03 Required On-Site Improvements — Subdivisions In City Limits
(K) Park land dedication. Commission shall determine if the
developer will dedicate land or
( 1 ) Subdivision. contribute money in lieu of
dedication. No land dedication will
(a) Dedication orfee-in lieu When a be accepted as a public park unless it
proposed subdivision does not provide is determined by the Planning
an area or areas for a public park Commission, after consultation with
based on the Fayetteville Parks and the Parks and Recreation Advisory
Recreation Plan, the developer shall Board, that the physical characteristics
be required to make a reasonable of the site, and its surroundings make
dedication of land for public park the site suitable for park purposes and
facilities, or to make a reasonable the proposed dedication is consistent
equivalent contribution in lieu of with the Fayetteville Parks and
dedication of land, such contribution Recreation Plan.
to be used for the acquisition and
development of park land that serves (e) Approval. The Planning
the subdivision or development. Commission's decision must be
incorporated into the developer's
(b) Parks and Recreation Advisory preliminary plat or large scale
Board. Prior to the submittal of a development plan prior to plat or plan
preliminary plat or large scale approval.
development plan, the developer shall
submit to the Parks and Recreation (f) Dedication ratios. Land shall be
Advisory Board a concept plat or dedicated at a ratio of .024 acre of
plan. land for each single-family dwelling
unit, .017 acre of land for each multi-
(c) Planning Commission. The family dwelling unit, and .024 acre of
developer and the Parks and land for each mobile home dwelling
Recreation Advisory Board shall unitpermitted underZoning, Chapters
make a joint recommendation to the 160- 165.
Planning Commission as to the land
dedication or contribution in lieu of (g) Fee-in-lieu formulas. A
dedication. In the event that they are contribution in lieu of land dedication
unable to agree, the developer and shall be made according to the
advisory board shall make separate following formula:
recommendations to the Planning
Commission who shall determine the $555 for each single-family unit,
issue. $393 for each multi-family unit,
and
(d) Decision. The Planning $555 for each manufactured home
unit • actual d•ty is less than the density used
as the basis for the developer's
permitted under the City's zoning contribution; provided, no refund shall be
regulations. The Parks Department made unless application therefore is made
shall review the contribution formula in writingto the Zoning and Development
every two (2) years and make Administrator within one year from the
recommendations to the City Council date of final plat approval. In the event
following such review. actual density is more than the density
used as the basis for a dedication of land
(h) Less than maximum density. If or case contribution the developer must
the developer legally restricts the make an additional land dedication or
number of dwelling units to be contribution in lieu of dedication.
constructed to less than the maximum
density permitted by zoning, Chapters (3) Applicability. The requirements of this
160 through 165, required land subsection shall apply to lot splits, replats
dedication or cash contribution in lieu of subdivisions and large scale
thereof shall be based upon actual developments; provided, said
density. requirements shall not apply to a lot split
or replat which does not create one or
(i) Dedication in excess. If a more vacant lots on which a structure
developer dedicates park land which could be erected under the city's zoning
exceeds the requirement of this regulations.
subsection, the Planning Commission
may grant the developer a credit (4) Zomne:Requmements. Lots created -for
S
equivalent to said excess. Said credit the purpose of park:dand dedicationjshall
shall be applied toward the n to be r red to meet the standards^for
developer's obligation under this lot size, `bulk add "area within any zoning
subsection for any subsequent district.
development located in the same park
quadrant. (5) Fee-in-lieu allocation. All money
received under this subsection shall be
(2) Timing ofdedicationand/orcontribution. deposited in an interest bearing account.
All dedications of land must be made Said money together with the interest,
before final plat approval or large scale shall be expended within three calendar
development approval. A final plat shall years of the last date of the calendar year
not be released for recordation until the in which it was received for the
deed for a land dedication is received. acquisition and development of park land
Deeded land is dedicated public park land that services the subdivision for which a
and not subject to any right of reversion or contribution in lieu of dedication has been
refund. A cash contribution in lieu of made. If said money has not been
required land development shall be expended within the three-year period,
payable within 30 days of final plat said money, together with the interest
approval or large scale development thereon, shall be refunded to the developer
approval. With the approval of the who made the contribution.
Planning Commission a developer may
pay such contribution in three equal (6) Exemption. The requirements of this
installments to be paid in full within one subsection shall not apply to any
year of final plat approval. If a developer development where the subdivision plat
makes a cash contribution in lieu of land was filed of record after September 12,
dedication, the developer shall be entitled 1960, and before January 20, 1981 .
to a pro rata refund, together with the
accrued interest therefrom, in the event (7) Major development.
• (c) 'P -in-lieu. The developer does
(a) Process. In addition to the not have the discretion to pay a cash
procedure provided herein and other contribution in lieu of the dedication
requirements found in the Code of of land for the establishment of this
Fayetteville, a developer of a major neighborhood or subdivision park.
development shall include on his/her However, if the Parks and
concept plan, preliminary plat and Recreational Advisory Board
final plat a proposed neighborhood or determines that a neighborhood park
subdivision park in which the required is not feasible or advisable, it may
dedication of land for public park recommend to the City Council that a
facilities pursuant to (K)( 1 ) through cash contribution pursuant to
Mb above has been incorporated. The ordinance be accepted in lieu of land
plat with the neighborhood or dedication. The City Council will
subdivision park shall be submitted to either accept the recommendation for
the Parks and Recreation Advisory a cash contribution or return the
Board for its approval. The approval subdivision plat to the Parks and
shall then be included in all plats Recreation Advisory Board with
presented to the Planning instructions or for further study.
Commission. Any modification by
the Planning Commission of the (d) Coordination with adjacent
subdivision or neighborhood park properties. When it appears to the
shall be referred back to the Parks and Planning Commission that one or
Recreation Advisory Board for its more adjoining subdivisions or large
approval. scale developments are being
developed, planned, or in the near
(b) Requirements. The Parks and future will probably be developed so
Recreation Advisory Board shall that the total area or housing units
ensure that the neighborhood park meet the requirements of a major
meets these requirements. development, the Planning
Commission may notify the
(i) The physical characteristics of the owners/developers that their
designated land are suitable for subdivision or developments shall be
park purposes. considered a major development and
require coordination among the
(ii) The proposed park areas and any owners/ developers to develop a
included recreational facilities are neighborhood park pursuant to this
sufficient to adequately serve the section.
residents of the development/
neighborhood. (Code 1965, App. C., Ari. III, §A(I); Ord. No. 2695, 1-20-8 1 ; Ord.
No. 3080, 4-2-85: Ord. No. 3201, 8-536: Ord. No. 3315, 11-1737;
Code 1991, §§ 159.05, 159.30L; Ord. No. 3578, 11-19-91 ; Ord. No.
(iii) Adequate sidewalks, trails, and/or 3615, § 1 , 6-2-92; Ord. No. 3738, § 1, 11-16-93;Ord. No. 3793, § 1 , 5-
bikewaysshall provide access for 17-94; Ord. No. 3797, §1 , 5-17-94; Ord. No. 4068, §1 , 11-0-97; Ord.
all residents of the subdivision/ No. 4100, §2 (8x. A), 6-16-98; Ord. No. 4199, 11-2-99; Ord.
neighborhood to the park, but no No.4454, 01 -07-03
vehicle parking shall be required. Cross rererenee(s)—varlaoce, Ch. 156; Appeals, Ch. 155;
Bonds and Guarantees, Ch. 158.
STAFF WEW FORM - NON-FINANCIAL OVIGATION
x AgNDA REQUEST
For the Fayetteville City Council Meeting of: February 17, 2004
FROM :
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
ADM 04-05.00: To amend the Unified Development Code Chapter 166: Development, exempting lots
dedicated as park land from the bulk and area requirements of the zoning ordinance.
STAFF RECOMMENDATION: Approval.
,I(&,. , J `7ifiQ�.c�tL� Received in Mayor's Office
Division Head Date Date J�
City Attome Date
��� /—Sa-o Cross Reference:
Department Director Date
Previous Ord/Res#:
2 - 1 -
I'x
mance & Internal Services Dir. Date Orig. Contract Date:
�N Gam[ Orig. Contract Number:
Chief dmimstr tive Officer Date
New Item: Yes No
Mayor
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: February 9, 2004
Re: Ordinance No. 4545
Attached is an executed copy of the above ordinance passed by the City Council, February 17,
2004, amending Chapter 166: Development, allowing the city to exempt lots dedicated as park
land from bulk/area requirements of the zoning ordinance.
This ordinance will be recorded in the city clerk's office and microfilm. The ordinance will be
updated in the Code of Fayetteville after the appropriate time has run and it has been published
in a paper of general circulation, as well.
Attachment(s)
cc: Nancy Smith, Internal Auditor
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I , do solemnly swear that I am
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Times newspaper, printed and published in Lowell , Arkansas, and that
from my own personal knowledge and reference to the files of said
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was inserted in the regular editions on
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Subscribed and sworn to before me this
day of 1IC[ CCk 2004.
p RECEIVED
MAR 0 5 2004
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My Commission Expires: 0/25` �b
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212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEALLE, ARKANSAS 72702 • (501 ) 442-1700