HomeMy WebLinkAboutOrdinance 4579 ORDINANCE NO. 4579 AN ORDINANCE TO AMEND § 171 .01 OF THE UNIFIED DEVELOPMENT CODE TO ADD NEW SUBSECTION (D) RESTRICTING THE INSTALLATION OF GATES FOR RESIDENTIAL SUBDIVISIONS WHEREAS, the 2020 Plan recommended by the Planning Commission and adopted by the City Council after numerous lengthy public hearings and debate recommends against walled and gated residential subdivisions; and WHEREAS, except for rare circumstances such as a gated retirement facility, there is no security justification for residential neighborhoods and new residential subdivisions to be gated; and WHEREAS, the 2020 Plan encourages connectivity between residential subdivisions to foster the feeling of community and trust throughout Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §171 .01 Miscellaneous Provisions of Chapter 171 : Streets and Sidewalks by adding new subsection (D) as shown below: "(D) Gated streets not allowed in most residential subdivisions "No residential subdivision or apartment complex shall be constructed with a gate across a street without prior express approval by resolution of the City Council that finds that security considerations favoring a gate outweigh aesthetic considerations and the city' s policies in favor of connectivity, openness and neighborliness." PASSED and APPROVED this the 1st day of June, 2004. APPROVED: By: �•`" " ,Q , Ma r ATTEST: 00 r(G'' _cV� •;per? By: `- ; FAYETTEVILLE • SO DRA SMITH, City Clerk �;• ;� ' '-9u' •9:QkANSP�J�'d gun„uua� 0 0 NAME OF FILE: Ordinance No.4579 CROSS REFERENCE: Item # Date Document 1 06/01/04 JAIderman Agenda Request Form 2 draft ordinance 3 06/04/04 memo to Don Marr & Lioneld Jordan 4 06/11/04 Affidavit of Publication 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: c . 7. aectzo ALD RMAN AGENDA REQUESTIORM okeb /s 79 /1lot 171 0/ eSlric� FOR: COUNCIL MEETING OF JUNE 1, 2004 FROM: ALDERMAN DON MARK and ALDERMAN LIONELD JORDAN ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §171 .01 Of The Unified Development Code To Add New Subsection(D) Restricting The Installation Of Gates For Residential Subdivisions APPROVED FOR AGENDA: MARK, Alderman Da G LIONELD AN, Alderman at i Attorney (as to form) Date ORDINANCE NO. AN ORDINANCE TO AMEND § 171 .01 OF THE UNIFIED DEVELOPMENT CODE TO ADD NEW SUBSECTION (D) RESTRICTING THE INSTALLATION OF GATES FOR RESIDENTIAL SUBDIVISIONS WHEREAS, the 2020 Plan recommended by the Planning Commission and adopted by the City Council after numerous lengthy public hearings and debate recommends against walled and gated residential subdivisions; and WHEREAS, except for rare circumstances such as a gated retirement facility, there is no security justification for residential neighborhoods and new residential subdivisions to be gated; and WHEREAS, the 2020 Plan encourages connectivity between residential subdivisions to foster the feeling of community and trust throughout Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §171 .01 Miscellaneous Provisions of Chapter 171 : Streets and Sidewalks by adding new subsection (D) as shown below: "(D) Gated streets not allowed in most residential subdivisions "No residential subdivision or apartment complex shall be constructed with a gate across a street without prior express approval by resolution of the City Council that finds that security considerations favoring a gate outweigh aesthetic considerations and the city's policies in favor of connectivity, openness and neighborliness." PASSED and APPROVED this the 1 st day of June, 2004. APPROVE_ DL �� O `QVC By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk FAYETTE& LE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Alderman Marr Alderman Jordan From: Clarice Buffalohead-Pearman City Clerk Division Date: June 4, 2004 Re: Ordinance No. 4579 Attached is a copy of the above ordinance passed by the City Council, June 1 , 2004, amending § 171 .01 of the Unified Development Code, to restrict installation of gates for residential subdivisions. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: Nancy Smith, Internal Auditor NORTHIJEST ARKANSAS#DITION Arkansas Democrat IV 05azei#e AFFIDAVIT OF PUBLICATION I , 0 do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette/Northwest .Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: 'b E was inserted in the regular editions on "` Publication Charge : $ IM 1 33 RECEIVED Subscribed and sworn to before me this JUN 15 2004 day f 2004. CI NOF FAYETTEVILLE '` CLERK'S OFFICE ORDINANCE NO. 4670 UNIED Notary Public �PEVEOLOPMENT RDINANCE CODEA TON ADD171 .01 NEW SUSSECTIONFI(0) 'RESTRICTING THE INSTALLATION OF GATES FOR ESIDENTLAL SUBDIVISIONS My Commission Expires: �' � �G7 ERs. the 2020 Plan recommended by the Planning Of Fopffevillille Commission and adopted by the City Council after numerous lengthy Public hearings and debate recommends against walled aM gated residential subdivisions: end WHEREAS, except for rare circumstances such as a gated retirement facility, there Is no security justification for residential neighborhoods and now residential subdivisions to be gated: and " Please do not pay from Affidavit. WHEREAS, the 2020 Plan encourages connisoMy between residential subtlivislons to foster the feeling of community and trust throughout Faystrigla. An invoice will be sent. NOW, THEREFORE, EE R RESOLVED EY THE CRY COUNCIL OF THE CRY OF FAYETTMLLE, ARIUNSAS:- ' Section 1: That Ne City Council of he City of Fayitteryle, Arkansas hereby amends §171.01 Miscellaneous Provisions of Chapter 171: Streets and Sidawfaks by adding new subsection (D) as shown below: OFFICIAL, SERI, r(D) Gated streets not allowed in most residents] subdivisions SHERI DENISE SUTTON ,No residential subdwl Msion or apartment complex shall be stmt ed with a gate across a street tou NOTARY PUBLIC . ARI{ANSAS Prior express approval by resolution of the Dry Council that foes Net security considerations favoring a WASHINGTON COUNTY gate outweigh eestheac considerations and the City's policies In favor of conrrecNity, opemess and neighborliness.' COMMISSION EXP, OS Ol 07 PASSED =4 APPROVED this 1st day of June, 2004. APPROVED: By: DAN COODY, Mayor ATTEST: SO 'SONOM SMRM, Clpr CIMc 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTE V r 1 to vF V w r � , „� _ ii ,, I I rte_ , ,