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Home My WebLink AboutOrdinance 4757 *AGENDA REQUEST FORM • i2 � d FOR: COUNCIL MEETING OF SEPTEMBER 6, 2005 �x�n �� FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §166.08 Design Standards By Adding A New Subsection To Section (F) Residential Lots APPROVED FOR AGENDA: Tim Conklin Date Planning & Development Management Director OS- ZT - 2�oS Jer my Pate Date Dire tor_of-Current Planning K'W lliams Date City Attorney Dan Coody Date Mayor Is FAYETTEVIL LE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMa4 ENT TO: City Council FROM: Kit Williams, City Attorney DATE: August 23, 2005 RE: Amendment to §166.08 (F) I have been requested to amend § 166.08 (F) so that any subdivision outside the city limits for which the City Council allows sewer service and which agrees to annex when legally possible and develop pursuant to all inside the city regulations (including impact fees) would be able to use the slightly smaller bulk and area requirements for inside the city residential subdivisions. I believe this proposed new subsection will accomplish that. ORDINANCE NO, AN ORDINANCE TO AMEND §166.08 DESIGN STANDARDS BY ADDING A NEW SUBSECTION TO SECTION (F) RESIDENTIAL LOTS WHEREAS, if the City Council decides to grant sewer service to an area close to, but not adjacent to the city limits whose owner has agreed to develop pursuant to all ordinance requirements for inside the city developments (including payment of all impact fees), this area should be allowed to develop in accordance with the bulk and area regulations for developments within the City. 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 §166.08 (F) Residential Lots by enacting subsection (3) as shown below: "(3) Developments outside city developed to all inside the city standards. "If the City Council grants access to the City' s sewer system pursuant to §51 . 113 (C) and the owner/developer agrees to petition for annexation as soon as legally possible and develop the subdivision in accordance with all inside the city development requirements including payment of all impact fees, the bulk and area requirements for this subdivision shall conform to those within the city limits rather than those within the planning area." PASSED and APPROVED this 6th day of September, 2005. APPROVEb MFT By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk Clarice Pearman - Ord. 4757 Page 1 From: Clarice Pearman To: Williams, Kit Subject: Ord. 4757 Kit, Attached is a copy of the ordinance passed by City Council September 6, 2005 amending 166.08 by adding a new section. Thanks. Clarice ArkansaaDemocrat IS Gazette i NORTHWEST ARKANSAS EDITIOAN wort&veaArkaruas,* most Wide Read Neursp,Aper" 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: ) 47 q was inserted in the regular editions on '- /, i25 PO# //yy �/ * Publication Charge : $ / �. 04 Subscribed and sworn to before me this day of 2005. lea —_ - ORDINANCE NO. IYS7 • Notary Public Sharlene D. Williams AN ORDINANCE TO AMEND § 16e.011DESIGN T\ /*1 1 STANDARDS BY ADDING A NEW SUBSECTION TO1ZY( Y'Notary Public SECTION IFI RESIDENTIAL LATS My Commission E Arkansas WHEREAS, It the City COurrA decloea to OWA -ASKANSAS �sewar servos to an ares dose to, W rot adlacent to My Commission Expires are city Imes w qse owns wagreed todatalO W- O�tober 18 2014 s=t to of orwoo reauIonwts for nsWe the City de elo Knar is OrcAding payment of all hVw r fees). tfis area shotld ba alowwod to develop in 0000c l wish the OL& and area regJetions far devel- . ** Please do not pay from Affidavit. Opman6s we*) g Qty. NOW, iNEREFORE, BE R ORDAINED BY ME CRY COUNCIL OF 711E CRY OF FAM- An Invoice will be .Sent. 4 E UE, ARKANSAS: Section 1, That the Oty COuncf of Ne Oty of Fayetteville, A*&%sas hereby amends § 188.08 (F] Resicimbal Lots by erecting subsection (3) w shoym below: (3) DVAIO nems Weida City devdoped M M inside the City siaridam S. 'H the Qty Countl grants access to the Qty§ sewer system ix re t to § 51.113 (C) aril the ovmer/developer agrees to peu or erns stun as soon as lag* posvde eM develop the subdM- RECEIVED � w�0 �dryda,�aconre",renp�,gpa17 art ore rat1wV a, the btflc end area requirements for Vtie subdMsbn she) conform to Vrose witNn the cmY Irttln rather than Vrose wKNn the plenrtlrg area.' 200 PASSED APPROVED this 8th day of September, 2W5. SEP 2 ?. APPROVED: CITY OF FAYE17EVILLE .� CITY CLERK'S OFFICE A]ATTEST. Tr Mea 90NDM SMRN, CIM Clete P.O. BOX ', 607 • 212 N. EAST AVENUE • FAYETTEVILI.E, ARKANSAS 72701 • 479-571 -6470 r ORDINANCE NO. 4 7 5 7 AN ORDINANCE TO AMEND §166.08 DESIGN STANDARDS BY ADDING A NEW SUBSECTION TO SECTION (F) RESIDENTIAL LOTS WHEREAS, if the City Council decides to grant sewer service to an area close to, but not adjacent to the city limits whose owner has agreed to develop pursuant to all ordinance requirements for inside the city developments (including payment of all impact fees), this area should be allowed to develop in accordance with the bulk and area regulations for developments within the City. 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 §166.08 (F) Residential Lots by enacting subsection (3) as shown below: "(3) Developments outside city developed to all inside the city standards. "If the City Council grants access to the City' s sewer system pursuant to §51 . 113 (C) and the owner/developer agrees to petition for annexation as soon as legally possible and develop the subdivision in accordance with all inside the city development requirements including payment of all impact fees, the bulk and area requirements for this subdivision shall conform to those within the city limits rather than those within the planning area." PASSED and APPROVED this 6h day of September, 2005. APPROVED: \-k 'C,\T Y 0 . Gp FAYETTEVILLE ; = By: �;. DAN GOODY, Mayor '9J 9q ,kANSP�J�',` ATTEST: e''/V�TON G %0`�•� By: Ella SONDRA SMITH, City Clerk