HomeMy WebLinkAboutOrdinance 4753 EXHIBIT "A"
(6) Dedication of right-of-wad. Dedicate (d) The Subdivision Committee or
sufficient right-of-way to bring those streets Planning Commission may refuse to
which the Master Street Plan shows to abut approve a large scale development or
or intersect the large scale development or preliminary plat for any of the following
preliminary plat into conformance with the reasons:
right-of-way requirements of the Master
Street Plan for said streets; provided, the (i) The preliminary plat or
Planning Commission may recommend a development plan is not submitted in
lesser dedication in the event of undue accordance with the requirements of this
hardship or practical difficulties. Such chapter.
lesser dedication shall be subject to approval
by the City Council. (ii) The proposed development
would violate a city ordinance, a state
(7) Miscellaneous requirements for both large statute, or a federal statute.
scale developments and preliminary plats.
(iii) The developer refuses to
(a) Comply with those requirements of dedicate the street right-of-way, utility
166.01 through 166.04 of the development easements or drainage easements required
regulations pertaining to streets, surface by this chapter.
drainage system, water system, sanitary
sewer systems; and, if the development is (iv) The proposed development
housing, said requirements pertaining to would create or compound a dangerous
public parks; and install a sidewalk adjacent traffic condition. For the purpose of this
to all abutting streets or highways in section, a dangerous traffic condition shall
accordance with city specifications for be construed to mean a traffic condition in
sidewalk construction. which the risk of accidents involving motor
vehicles is significant due to factors such as,
(b) The developer may be required to but not limited to, high traffic volume,
install off-site improvements, where the topography, or the nature of the traffic
need for such improvements is created in pattern.
whole or in part by the proposed large scale
development or preliminary plat. For (v) City water and sewer is not
purposes of this section, an off-site readily available to the property within the
improvements shall mean all or any part of, large scale development or preliminary plat
a street, surface drainage system, water and the developer has made no provision
system, or sanitary sewer system, which is for extending such service to the
to be installed on property located outside development.
the proposed large scale development or
preliminary plat. (vi) The developer refused to
comply with subsection (7) (b) and (c)
(c) Any required off-side improvements pertaining to required on-site and off-site
shall be installed according to city improvements.
standards. The developer shall be required
to bear that portion of the cost of off-site
improvements which bears a rational nexus
to the needs created by the large scale
development or preliminary plat.
CITRATTORNEY AGENDA REQ>?ST
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FOR: COUNCIL MEETING OF ,
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Clarify That The Miscellaneous Requirements For Large Scale
Developments Found In §166.05 (C) (6) And (7) Also Apply To Preliminary Plats
APPROVED FOR AGENDA:
�� ( (I
0&15. 05
J envy ate, Planning Date
li Attorne Date
Mayor Date
dh
FAYETTEV11ME
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC : Jeremy Pate, Planning
FROM: Kit Williams, City Attorney/
DATE: August 15, 2005
RE: Amendments to §166.05 (C) (6) and (7) of UDC
§ 166.05 (C) (6) and (7) should be amended to include "or Preliminary
Plat" at several locations to ensure the same factors that the Planning
Commission may consider in accepting or rejecting Large Scale
Developments are also relevant to Preliminary Plats.
Without this clarification, a developer could challenge the Planning
Commission' s authority (and the City Council ' s authority on appeal) to
reject a Preliminary Plat even if it clearly created or compounded a
dangerous traffic condition or otherwise did not comply with the other
considerations stated in the Unified Development Code.
ORDINANCE NO.
AN ORDINANCE TO CLARIFY THAT THE MISCELLANEOUS
REQUIREMENTS FOR LARGE SCALE DEVELOPMENTS
FOUND IN § 166.05 (C) (6) AND (7) ALSO APPLY TO
PRELIMINARY PLATS
WHEREAS, the Unified Development Code clearly sets forth the grounds which
could justify the Planning Commission to reject a Large Scale Development; and
WHEREAS, this section should expressly refer to Preliminary Plats to ensure
these considerations also apply to approval/rejection decisions for Preliminary Plats.
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 hereby
amends § 166.05 (C) (6) and (7) by deleting those subsections in their entirety and
enacting new subsection 6 entitled: "Dedication of right-of-way" and a new subsection 7
entitled: "Miscellaneous requirements for both Large Scale Developments and
Preliminary Plats" as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this 6th day of September, 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
(6) Dedication of right-of-wad. Dedicate (d) The Subdivision Committee or
sufficient right-of-way to bring those streets Planning Commission may refuse to
which the Master Street Plan shows to abut approve a large scale development or
or intersect the large scale development or preliminary plat for any of the following
preliminary plat into conformance with the reasons:
right-of-way requirements of the Master
Street Plan for said streets; provided, the (i) The preliminary plat or
Planning Commission may recommend a development plan is not submitted in
lesser dedication in the event of undue accordance with the requirements of this
hardship or practical difficulties. Such chapter.
lesser dedication shall be subject to approval
by the City Council. (ii) The proposed development
would violate a city ordinance, a state
(7) Miscellaneous requirements for both large statute, or a federal statute.
scale developments and preliminary plats.
(iii) The developer refuses to
(a) Comply with those requirements of dedicate the street right-of-way, utility
166.01 through 166.04 of the development easements or drainage easements required
regulations pertaining to streets, surface by this chapter.
drainage system, water system, sanitary
sewer systems; and, if the development is (iv) The proposed development
housing, said requirements pertaining to would create or compound a dangerous
public parks; and install a sidewalk adjacent traffic condition. For the purpose of this
to all abutting streets or highways in section, a dangerous traffic condition shall
accordance with city specifications for be construed to mean a traffic condition in
sidewalk construction. which the risk of accidents involving motor
vehicles is significant due to factors such as,
(b) The developer may be required to but not limited to, high traffic volume,
install off-site improvements, where the topography, or the nature of the traffic
need for such improvements is created in pattern.
whole or in part by the proposed large scale
development or preliminary plat. For (v) City water and sewer is not
purposes of this section, an off-site readily available to the property within the
improvements shall mean all or any part of, large scale development or preliminary plat
a street, surface drainage system, water and the developer has made no provision
system, or sanitary sewer system, which is for extending such service to the
to be installed on property located outside development.
the proposed large scale development or
preliminary plat. (vi) The developer refused to
comply with subsection (7) (b) and (c)
(c) Any required off-side improvements pertaining to required on-site and off-site
shall be installed according to city improvements.
standards. The developer shall be required
to bear that portion of the cost of off-site
improvements which bears a rational nexus
to the needs created by the large scale
development or preliminary plat.
Fayetteville Code of Ordinances
inches. The vicinity map need not be drawn requirements of the Master Street Plan for
to scale. said streets; provided, the Planning
Commission may recommend -a lesser
(2) Site location map. The site location map dedication in the event of undue hardship or
shall depict the following: _ practical difficulties. Such lesser dedication
shall be subject to approval by the City
(a) The size and shape of the property on Council. 5 ✓ t
which the development is to be located. b (.G, LMS t P
(7) Miscellaneous requirements. � ' �
(b) The location, size and arrangement of P
existing buildings, signs, outdoor (a) Comply with those requirements of
advertising, and other improvements, §166.03 through §166.04 of the
water courses, ponds and streams, and development regulations pertaining to
any other distinctive or unusual features streets, surface drainage system, water
that will remain after the development is system, sanitary sewer systems; and, if
completed. the development is multi-family housing,
said requirements pertaining to public �..P\
(c) The location, size and arrangement of parks; and install a sidewalk adjacent to r,r
proposed buildings or additions, parking all abutting streets or highways in
and loading areas, and the type of accordance with city specifications forvF t k
surfacing proposed for such areas, sidewalk construction. d+
streets, driveways, curb cuts,
community facilities, pedestrian ways, (b) The developer may be required iJth
and open spaces. off-site improvements, wher the
for such improvements create
(3) Legal description. A correct legal description whole or in part by th proposed
of the properly located within the large scale scale development✓ For purpose
development, and a correct legal description, this section, an off-site improve
certified by an abstractor or surveyor, of shall mean all or any part of, a s
street right-of-way dedications and vacations surface drainage system, water sy
and utility and drainage easements. or sanitary sewer system, which is
installed on property located outsid
(4) Vicinity map. The vicinity map shall depict proposed large scale development.
the following:
(c) Any required off-site improvements shall
(a) The location and name of any street be installed according to city standards.
which abuts or intersects the large scale The developer shall be required to bear
development; and, that portion of the cost of off-site
improvements which bears a rational
(b) The location and name of any other nexus to the needs created by the large . Q�pl
street, building or landmark necessary scale development. � fY
to clearly indicate the location of the
large scale development. (d) ;The Subdivision Committe or Planning
Commission may refuse to approve a
(5) Preliminary street and drainage plans. large scale developmentirfor any of the
(Required only where the developer following reasons:
proposes new streets or an alteration in the
existing street plan.) Submit to the Zoning (i) The development plan is not
and Development Administrator for review by submitted in accordance with the
the Plat Review Committee preliminary requirements of this section.
street and drainage plans, showing
alignment of streets and direction of flow of (ii) The proposed development would
storm and sanitary sewers in relation to t violate a city ordinance, a stale
topography. Where an official street and statute, or a federal statute.
drainage plan exists, it shall be submitted for �o
purposes of comparison. \ (iii) The developer refuses to dedicate
the street right-of-way, utility
(6) Dedication of right-of-way. Dedicate 6 easements or drainage easements
sufficient right-of-way to bring those street required by this chapter.
which the Master Street Plan shows to art
or intersect the large scale development ino (iv) The proposed development would
conformance with the right-of-way create or compound a dangerous
CD166:18
Clarice Pearman - Ord. 4753 Page 1
From: Clarice Pearman
To: Williams, Kit
Subject: Ord. 4753
Kit,
Attached is a copy of the ordinance passed by City Council September 6, 2005 clarifying 166.06 to apply
to preliminary plats as well.
Thanks.
Clarice
• A.mbAansaeDem®crat (Oazette
NORTHWEST ARKANSAS EDITI
"Nom Arkw"", Most Widely Read Newspaper"
AFFIDAVIT OF PUBLICATION
I , Erin Emis. do solemnly swear that I am the Legal 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:
C _was inserted in the regular editions on
ZA ) ��% -
PO#
*" Publication Charge : $
Subscribed and sworn to before me this
/ day of , 2005.
Notary Public Sharlene D. Williams
Notary Public
M Commission Expires: State of Arkansas
My p — MyCult mission Expires
October 18, 2014
'* Please do not pay from Affidavit.
An invoice will be sent.
SEP 2 2. Zo05 LF
V f::ERKSOFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE FAYETTEVILLE. ARKANSAS 72701 479-571 -6470
ORDINANCE NO. 4763
AN NEORDINANC ITO REMENFllFYT}R LAR E SCALE a` e evl le
NEVUS REQUIREMENTS FOR LARGE SCALE `J
DEVELOPMENTS FOU"D IN § 100.05 (C)(B) AND (>) 1V
qL$O APPLY RYP-ATS
A0 (ANSAS
WHEREAS, the United 1WmC� �
y fiats log104MOS WNW oe ustyh
Planning Commission to reject a Large
Scale
DevelopmwM and
WNEREASv this section should ekbrassy ret« to pralmlrery Plats to ensure these wnslderehas
also appy m
to epproVreiOdOn dedslonsNED BY imXE CRY f« Predifan PlatsCOUNCIL OF THE CIT/ OF FAYET-
NOW, THEREFORE; BE R ORDAI
TEVIILE, ARNANSASr hereby enanls $ 166.05 (C) (6)
.90GTD01: That the City ('.curd a1 the Cin of FeYnwelty Arkansas 6 Mehl
at m by deleting biose srbsecrb b Mair in 7 en and 'Moo n rhacag rrew S f« both
'DedcatOn of rgh4af-way and anew wbsactiw 7 entitled: iM rut
large Scae Developments and Prdn"Kay Pets' as si w E#iibM 'A' attached farelo.
PASSED and APPROVED this 6N day of September. 2005.
APPROVES
By. --
DAN COODi Mayor
AT EST.
SONDRA SAIRNv City Clark
EXHJINT "A• hgee streets wftich the Mester
l0) Dedicatlw of dghlbf-ofDedicate wl ckhe dghtof-wry to bring
t unto c«h =tw
Street Plan sl to abut Or intersect the large scale development « peRrtlrenY ad Ma. Planning
wth the right-of-way requirements « the Mall« Street Plan far sale aMeets;p cre, pre«pr
Commaaw MY recommend a lesser dedloatiw N event of evof undue lartlshisa tlllfl«Alies.
Such lesser dedcatlw shell be sublwt to approval by the Cay Cwncd.
(>) MIwallaneurem
sus raqeras for both large scale developments and prolminery Plats'
(a) Comply wah Mass requlrertwnts of 166.01 through 166-N of the development regu'aborls per-
tanIng to sheets, wrlece drainage system. Miter stem, se�I �t�k� Be abut'
mens a houstriB, said requiienene Pertainingff, f« ekeUA
walk canstnctlon.
ang(p)Th9 � ^ay be Mead to instal ort-site mpovemans. where the need far such
is is created n whole Or in pert by tle proposed large scale development « Prehhiren pet.
For purposar of this social an efl-site ipiprovenens shed mean ad « «y Pan «, a sae«. surface
drelnage system, water system. a sent arY sew« system, which n to ba Irtiaded w PrWenY ldcated
gayde the Proposed large scale develWnant « PraWrJnary pat.
(c) Arty required oM-We Impovwant5 shall be Insladad according ttoo ty standardsas whicha national dura arx
er shell be raqulretl to beer that portion of the wet of oM-site Improvame
to the naetls craaletl by the W90 scale develaPatent Of Preliminary plat, a large scale level'
(d) The Subdivision Comm! or
MreaMlF 9 g nal Ion may refuse to WProve
Wmenl « Praurvr In,Pa t e, dev OPM1 Plan Is net womitted In acwrdim YAM the
� Tle pralma«y pa
requkBments the «aper.
(el The of proposatl de+aoPment wall Malate a c+lY ordiranca, a state sellae, « a federal
statute.
R The developer refuses to dedicate Me street nglttol-way uWry easements; « drainage
red this chapter.
easements
� ev dangencets
proposed development would create Or ooMeeho
ghed casUhoed to condition-
For
diti e
F« the perpose of this section, a dangerous tica to
trefdc wnditlw In which the ask of aoci Involving mote, vanes is significant
facture such as, but net limited to, high traffic VdUals, topography' a" Ma noble of the bef-
dP Psttem. e large scale d"-
(v) DIN water and sewer Is wt mediy evaable tto tt�cano lWerry within M Provision1« ezlendinB wCh
op sere e, preliminary Plat and the developer
has senYce to the davekiPmem. and (c) peneri g to reputed
(v9 The developer MkGW to wmiply wan subsaptlon (>f roi
on-stte and off-site Ynpa'enenrs.
ORDINANCE NO. 4 7 5 3
AN ORDINANCE TO CLARIFY THAT THE MISCELLANEOUS
REQUIREMENTS FOR LARGE SCALE DEVELOPMENTS
FOUND IN § 166.05 (C) (6) AND (7) ALSO APPLY TO
PRELIMINARY PLATS
WHEREAS, the Unified Development Code clearly sets forth the grounds which
could justify the Planning Commission to reject a Large Scale Development; and
WHEREAS, this section should expressly refer to Preliminary Plats to ensure
these considerations also apply to approval/rejection decisions for Preliminary Plats.
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 hereby
amends § 166.05 (C) (6) and (7) by deleting those subsections in their entirety and
enacting new subsection 6 entitled: "Dedication of right-of-way" and a new subsection 7
entitled: "Miscellaneous requirements for both Large Scale Developments and
Preliminary Plats" as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this 6w day of September, 2005.
APPROVED:
_ U • ��;_ By.
E ; FAYETTEVILLE • 3 DAN COODY, Mayor
"sem•. y �,5:=
ATTEST: ,9s :QKANS •oJ
y;NG,O1N1�O%% ,.
C'
By:
SONDRA SMITH, City Clerk