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Home My WebLink AboutOrdinance 5104 ORDINANCE NO. 5104 AN ORDINANCE TO AMEND § 166.06 OF THE UDC TO ALLOW CONSIDERATION OF PROPERTY WITHIN THE CITY'S PLANNING AREA TO RECEIVE CONDITIONAL APPROVAL OF A PZD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas hereby repeals § 166.06 (A)(1 ) Location in its entirety and enacts a replacement § 166.06 (A)( 1 ) Location in its stead as shown below: "§ 166.06 (A)(1 ) Location. Any property located within the city limits is eligible for a planned zoning district. Upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a planned zoning district application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville. " .``tiERKITR� A*f ALG 'G\TY pF'dG�j PASSED and APPROVED this 15th day of January, 2008. : FAYETIEVILLE ; APPROVED: ATTEST: TO 9s '9RK SPS��~ �GGc p. By: BY: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items '. - / J or ��i' �1 1l'D� r Qp Contracts 15-Jan-08 ( (/ City Council Meeting Date Tim Conklin Long Range Planning Operations Submitted By Division Department Action Required: AN ORDINANCE TO AMEND § 166.06 OF THE UNIFIED DEVELOPMENT CODE TO ALLOW CONSIDERATION OF PROPERTY WITHIN THE CITY'S PLANNING AREA FOR A PZD, IN CONJUNCTION WITH AN ANNEXATION REQUEST, UPON PRIOR CITY COUNCIL APPROVAL $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 12 �g Departme irector Date Original Contract Date: n/a Original Contract Number: n/a City Attorney p Received in City Clerk's Office 'foACt. . - 1- 08 Finance and Internal Service Director Date Received in Mayor's Office _ D Mayor Comments: City Council Meeting of January 15, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Through: Gary Dumas, Director of Operations From: Tim Conklin, Planning and Development Management Director Date: December 21 , 2007 Subject: AN ORDINANCE TO AMEND §166.06 OF THE UNIFIED DEVELOPMENT CODE TO ALLOW CONSIDERATION OF PROPERTY WITHIN THE CITY'S PLANNING AREA FOR A PZD, IN CONJUNCTION WITH AN ANNEXATION REQUEST, UPON PRIOR CITY COUNCIL APPROVAL RECOMMENDATION Planning Staff recommends approval of an ordinance amendment to § 166.06 of the Unified Development Code, to permit an applicant to submit a Planned Zoning District and annexation application together for consideration, subject to prior approval by the City Council. BACKGROUND § 166.06 of the UDC currently states that only those properties within the city limits are eligible for Planned Zoning District consideration. The requested change would not amend this requirement for the majority of applications; however, it would provide a means by which an applicant could petition the City Council for permission to apply for a PZD and an annexation concurrently. This petition for the simultaneous applications would not be a review by the City Council of the merits of the annexation or PZD; rather, it would only allow the applications to be submitted together. The current ordinance amendment is drafted to specify that a PZD following this process would not be effective until the property is annexed into the City of Fayetteville. BUDGET IMPACT None ORDINANCE NO. AN ORDINANCE TO AMEND § 166.06 OF THE UDC TO ALLOW CONSIDERATION OF PROPERTY WITHIN THE CITY'S PLANNING AREA TO RECEIVE CONDITIONAL APPROVAL OF A PZD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas hereby repeals § 166.06 (A)( 1 ) Location in its entirety and enacts a replacement § 166.06 (A)( 1 ) Location in its stead as shown below: " § 166.06 (A)( 1 ) Location. Any property located within the city limits is eligible for a planned zoning district. Upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a planned zoning district application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville." PASSED and APPROVED this 15th day of January, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer (1 . 18.08) Clarice Pearlman - Ord. 5104 Page 1 From: Clarice Pearman To: Conklin, Tim Date: 1.18.08 5:13 PM Subject: Ord. 5104 Attachments: 5104 Amend 166.06(A)(1) Location.pdf CC: Audit Tim: Attached Is the above ordinance amending 116.06 of the UDC. Please let me know if there is anything else needed for this item. Have a good weekend. Thanks. Clarice Arkansas Democrat ` 0razettP • - • RECEIVED Northwest Arkansas Times Benton County Daily Record CITY OFFAYETfEVILLE P . O. BOX 1607 CITY CLERK'S OFFICE FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrct 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 : City of Fayetteville — Ordinance 5104 January 23, 2008 Publication Charge : $ 52 . 75 Subscribed and sworn to before me This,tAay of ` , 2008. Notary Publl - -_=- Jenice Demo Nom y Public, Stam of Arkawas 1 < Washington County My Commission Expires : j Ii ` ; MyCoatta56mEipieaIMA4 Do not pay from Affidavit, an invoice will be sent RECEIVED JAN 2 S 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5704 .' . IN HE OfP EPLANAMENDEAT R C THEUDCrayelO le TO ALLOW CONSIDERATION OF PROPERTY WITHDI TRE CITV'S PLANNING AREA TO RECEIVE CCN-TO ALLO APPROVAL OF ATA PZDBE IT ORDAINED BYTHE CITY COUNCIL 5 OF THE CITY OF FAYETTEVILLE, ARKANSASi - Section. l . The City Councl of fie City of FayettevIle, Arkansas herebyrepeals §166.06 (AH1 ) Location In Ps entirely ane enacts a replacerne^t §'66.06 (Ax1) Locaten In Its Stead as Sheri belvil '§166.06 (A)(t) Lccalicn; Any properly located within the City limits is eligible far a planned zoning e strict. Upon C ty Council approval, so owner or developer of a specific piece of property located within the City's-designated planning area may be authorized to submit a planned zoning district application in conjunction witb an annexation request, but final approval of the PZD will no? be eflec-. Live until said property is annexed irto the City of Fayetteville' PASSED and APPROVED INS 151h day et Jancary,12008: APPROVED: - ATTEST: By:, _ By DAN COODY, Mayor SONORA E. SMITH, City Clsrk(Masonr Arkansas Democrat ($axette ARCHIVED • RECEIVED Northwest Arkansas Times JAN 2 8 2008 Benton County Daily Record CITY OFFAYETTEVILLE P. O. BOX 1607 CITY CLERK'S OFFICE FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, 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: City of Fayetteville — Ordinance 5104 January 23, 2008 Publication Charge : $ 52 . 75 Subscriop�d and-sworn to before me Tay 2008 . Notary Publ _ _ _ Janice Denson }rom,y�ng=State n My Commission Expires: 1 �1� 5 I � � L My �mmisdwKVbe IMM4 Do not pay from Affidavit, an invoice will be sent RECEIVED JAN 2 8 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE - ORDINANCE NO. 1104 AN ORDINALLOW ONSIDCE TO AMEND §166A6 OF THE UDC aye TO ALLOW CONSIDERATION A PROPERTY WIT H- DI THE CITY'S PLANNING AREA TO RECEIVE CON- DITIONAL APPROVAL OF A PZD BE IT ORDAINED BY THE CITY COUNCIL ppNAN6A6 OF THE CITY OF FAYETTEVILLE, ARKANSASI - Section 1: The City Council of the City of Fayetteville. Arkansas hereby repeats §166.06 (AHI) Location in its entirety and enacts a replacement §166.06 (AND Location in its stead as shown below: - '§166.06 (AHD Location. Any property located within Ne Cityiimita is eligible for a planned zoning district. Upon City Council approval, an owner or developer of a specific piece of property located within the City'sdesignated planning area may be authorized to submit a planned zoning district application in conjunction with an annexation request, but final approval of the PZD will not be effee. tive until said property is annexed into Ne City of Fayetteville.' PASSED Anil APPROVED this 15th day of January,2006. APPROVED: ATTEST. By: By: DAN COODY. MAyw SONDRA E. SMITHS City CNrk/hnAmr�ar