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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 y �S3 161, 0S(cXG) ti (7)�#0(djV„,n,kr`) Sep�es �, boos play 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