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Home My WebLink AboutOrdinance 4854 ORDINANCE NO, 4854 AN ORDINANCE TO WAIVE § 166. 17 SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS IN RELATION TO THE PROPOSED DIVINITY CONDOS PROJECT WHEREAS, § 166. 17 SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS prohibits issuance of a "permit for the erection of any building or structure, or permit for the conduct of any use" for 90 days following submission of the zoning amendment to the Zoning and Development Administrator; and WHEREAS, the City Council believes waiver of this 90 day delay period is in the public interest during the consideration of the Large Scale Development process of the Divinity Condos project (corner of Dickson and Block); and WHEREAS, the City Council does not, by passage of this waiver of § 166. 17, indicate its support, approval, opposition or rejection of this project. 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 waives the provisions of § 166. 17 of the Unified Development Code so that the normal consideration and permitting process may move forward for the Divinity Condos project located on the block between Church ao Block Avenues at Dickson Street without any 90 day delay period. RwTR�s.,�� PASSED and APPROVED this 4'h day of April, 2006. E : FAYETTEVILLE : APPROVED ATTEST: ' ice•• g ass By: By: "`uuu�uus`` D COO Mayor SONDRA SMITH, City Clerk r � Arkansas Democrat `Gazette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: ORDINANCE 4854 Was inserted in the Regular Editions: 7 ORDINANCE NO- 4 S% April 13, 2DD6 AN ORDINANCE TO WAIVE § 166.17 SU PE • ZONING ISSUANCE OF S IN RELATION PENDINGTaye evl e Publication Charge: $91 . 98 PROPOS AMENITY CON O PROJECT TME PROPOSED DIVINITY CONDOS PROJECT ARKANSAS ' 'WHEREAS. §166 17 , SUSPENDING ISSUANCE T PERMITS PENDING ZONING ! AMENDMENTS t of any issuance of a days following for the erection of anybuildingzoning or structure, or the er- rnit for the conduct of any use' for W days folbwing submisslm of the zoning amendrtoM to the Subs, abed and sworn before me Zoning andDevelopmentCouncil believes A WHEREAS,the c the City Council believes wall er of this e0 day delay period is in the public interest C during the consideration of [7re Large Scale Development Process of the DMnity Condos project This1 day of 6 . (co nerd Dckson and Blod ): and WH01EA5, the Ciry Counal does not, by passage of this waiver of §166.17, indicate Its .support. f approval. oppoef ion or rejection of this pro]ect. I NOW, THEREFORE, BE IT ORDAINED DT THE CITY COUNCIL OF THE CITY OF I FAYETTEVILLE, ARI ANSI - Notary Public K� Section l: That Me City Councll of the City of FayetleAle. Arkansas hereby walves the provisions of Sharlene D. 1 !lllams §166.17 of the Unified Devoopment Code so that the normal consideration and permitting process may move forward far the Divinity Condas pmlect located an the black between Church and Block Notary Public Avenues m Dickson Street without any 90 day delay period. State of Arkansas PASSED a" APPROVED this 4th day of April. 2006. My Commission oftnission Expires APPROVEDATTEST. October 18, 2014 & CONY, MAF. SSONOM SMITH, CITY CIO* t . 4t L **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEWED APR 17 2NG r: 0. dd�4 a , , ALDERMAN AGENDA REQUEST FORM si a8 X06 �I vlrr/ 8 Codas Prod w�lver FOR: COUNCIL MEETING OF APRIL 4, 2006 FROM: ALDERMAN DON MARR and ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Waive §166.17 Suspending Issuance Of Permits Pending Zoning Amendments In Relation To The Proposed Divinity Condos Project PROVED FOR AGENDA: on Marr Date Alderman Bobby Ferrell Date Alderman 3 - L3 - C � Kit Williams Date City Attorney (as to form) ORDINANCE NO. AN ORDINANCE TO WAIVE §166.17 SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS IN RELATION TO THE PROPOSED DIVINITY CONDOS PROJECT WHEREAS, §166.17 SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS prohibits issuance of a "permit for the erection of any building or structure, or permit for the conduct of any use" for 90 days following submission of the zoning amendment to the Zoning and Development Administrator; and WHEREAS, the City Council believes waiver of this 90 day delay period is in the public interest during the consideration of the Large Scale Development process of the Divinity Condos project (corner of Dickson and Block); and WHEREAS, the City Council does not, by passage of this waiver of §166.17, indicate its support, approval, opposition or rejection of this project. 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 waives the provisions of §166.17 of the Unified Development Code so that the normal consideration and permitting process may move forward for the Divinity Condos project located on the block between Locust and Block Avenues at Dickson Street without any 90 day delay period. fla e Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TO: Mayor Dan Coody Kit Williams, City Attorney FROM : Tim Conklin, Planning and Development Management Director DATE: March 13, 2006 , These are the dates for the following actions regarding the Downtown Code and related development: Planning Commission Consideration of the Code: February 27, 2006 Lofts at Underwood Submittal : October 20, 2005 Divinity Condos March 2, 2006 Fayetteville Code of Ordinances t Building permits issued on the basis of plans and landscaped areas, buffers, and all other setback applications approved by the Zoning and requirements shall be dimensioned from the Development Administrator authorize only the use, established right-of-way setback line. The arrangement, and construction set forth in such establishment of any new structure or other approved plans and applications, and no other use, improvements within the right-of-way setback is arrangement, or construction. prohibited. (code 1965, App. A., Art, 9(5); Ord. No. 1747, 6-29-70; 166.19 Expiration Of Previously Code 1991 , §160.194; Ord. No. 4100, §2 (Ex. A), 6-16-98) Approved Plans And Permits 166.17 Suspending Issuance Of Permits All approved large scale developments, planned zoning districts, conditional uses, and lot splits Pending Zoning Amendments approved prior to July 1 , 2002, which have not (A) No permit for the erection of any building or received all required permits to begin construction, have not begun construction, have not been structure, or permit for the conduct of any use, established, or in the case of lot splits, have not been shall be issued for a period of not more than 90 recorded within twelve (12) months from the date of days after the question of a zoning amendment, the passage of this ordinance, shall be required to so as to prohibit the use or building comply with all current ordinances. The Zoning and contemplated in the area concerned, has been Development Administrator is authorized to approve referred to the Planning Commission. minor plat modifications and/or design changes (8) For the purpose of this section an amendment necessitated by compliance with this section. has been referred to the Planning Commission when a rezoning petition or official request for 166.20 Expiration Of Approved Plans rezoning study is fled with the Zoning and And Permits Development Administrator. Provided that if final action by the City Council is not taken on the (A) Applicability. The provisions of this section apply question within three months of the time the to all of the following plans and permits: matter is so referred, the permit shall be issued if all other requirements are met. If within such (1 ) Preliminary plats; three-month period the governing body of the ! municipality shall pass an ordinance amending (2) Planned zoning district developments; zoning, Chapters 160 through 165, so as to prohibit such building, structure, or use, no such (3) Conditional uses; permit shall be issued. (4) Large-scale developments; (C) However, nothing contained in this section shall prohibit the issuance of a building permit, or (5) Lot splits; permit for the conduct of any use, if an application for said permit together with all fees (6) Physical alteration of land permits; required and complete set of plans demonstrating complete or substantially complete compliance (7) Storm water, drainage, and erosion control with all building and zoning requirements is filed permits; with the Zoning and Development Administrator prior to the reference to the Planning (8) Tree preservation plans; Commission. (9) Sign permits; and, (Code 1965, App. A., Art. 9(7); Ord. No. 1747, 6-29-70; Ord. No. 1918, 5-15-73; Code 1991 , §160.196; Ord. No. 4100, §2 (10) Floodplain development permits. (Ex. A), 6-16-98) 166.18 Master Street Plan Setbacks (B) one-year time limit. The city shall require the applicant/developer to (1) Tasks to be completed. All of the above- establish a right-of-way setback line based on the enumerated plans and permits are right-of-way requirements for streets and highways conditioned upon the applicant designated by the Master Street Plan. Such setback accomplishing the following tasks within one line shall be considered the property line for such (1 ) year from the date of approval: purpose of satisfying the requirements of the UDO. All building setbacks, required landscaping, parking lots, (a) For any renovation or new construction, display areas, storage areasandother improvements receive a building permit; and/or, and uses shall be located outside of such established (b) For a lot split, record a deed or survey at setback area. The required width of setbacks, the Washington County Circuit Clerk's CD166:38 G{)au�� /(n(u, /74Prnd'1aup � od COLENE M . GASTON q1 . lob GASTON LAW OFFICE , PLLC 240 N . BLOCK AVENUE , SUITE 302 PHONE 479 . 521 . 3148 POST OFFICE Box 609 FAx 479 . 521 . 1356 FAYETTEVILLE ;ARKANSAS 72702 CGASTON �1a GA5TON - LAW . COM April 4, 2006 Delivered by Hand Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 Re: Building Heights Dear Members of the City Council: This is simply to express my support for City planning and restrictions that ensure that development in our downtown area remains compatible with the area's existing character. This probably means that there should be height limits in certain areas and that very tall buildings are not appropriate. The devil, of course, is in the details and I appreciate your efforts as you work through this important issue. Sincerely, Colene Gaston U Al List of those concerned about preserving Dickson Street and views of Old Main. I . Nancy Allen 2. Nate Allen 3. Brenda Kincaid a. Rhea Shelton Rooke-Ley 5. Susan Lesh Chadick S. Sammy Long Kopeeman P . ��zevees caxE�v�vtz.:: Wfilson @L. 6$t@Ha a SBH CsH @HH6A . - . e .. ..a"�;.. a .. -�e�. _ e . .. . . .. ._. 16. William H. Whitfield 17. Barbara Rankin 18. Tommy Rankin 19. Ron F. Rockwell 20. Jim Jackson 21 . Joann C. Kvamme 22. Cookie Shelton Redfern 23. Sarah Myers 24. Bill Halter 25. Rick Belt 26. Cindy Greene 27" Major (Ret.) John David Swaim 29. Linda Ralston 30. Katthevine Adam J All ,;Son LOW 32. Robes$ Cross 33. Jim Williams 34. Barbara Williams 35. Scott McCarty 36. Jack C. Lyons 37. Claudette Cardwell 38. Roy Reed 39. Diane Breazeale 40. Dorothy G. Neely 41 . Pat Trimble Patterson 42. Cindy Kalke 43. Dick Bennett 44. Victoria Bryan 45. Margaret Robinson Barron 46. Merlee Harrison =w. QvsaraaFa n rM. a.evvis ErW. Pian Pwierane.eIr 50. Dede Muhler 51 . Holly Bryan 52. Joe C. Neil 53. Colleen Taylor 54. Connie Porter 55. Don White 56. Sudie Henderson 57. Bob Emenegger 58. Leslie Harvey 59. Bob Riggs 60. Jeannie Riggs 61 . Edward Hejtmanek 62. Ethel C. Simpson 63. Pamela Jansma 64. Suzanne Parnell 65. Raina L. Smith 66. Scott O'Leary-Kelly 67. Ann Adams Eddy 68. Miller Williams 69. Jordan Williams 70, Janet Tucker 71 . Pat Storey 72. Patricia Mikkelson 73. Denele Campbell 74. Lib Horn 75. Karon Reese 76. Barbara G. Taylor 77. James R. Jackson 78. Tim Kring 79. Ken Eastin 80. Terry Eastin 81 . Janet Roessler 82. Rick Roessler 83. Nancy Speer