HomeMy WebLinkAboutOrdinance 5155 ORDINANCE NO, 5155
AN ORDINANCE TO REPEAL AND REPLACE
UNIFIED DEVELOPMENT CODE CH. 166.20,
EXPIRATION OF APPROVED PLANS AND
PERMITS, TO ALLOW ADMINISTRATIVE
EXTENSIONS AND OTHER AMENDMENTS AS
NOTED HEREIN.
WHEREAS, the City Council in 2002 adopted Ch. 166.20 of the Unified Development
Code that establishes an expiration date of one year and permits a one-time, one-year extension to
approved permits and plans, upon approval by the Planning Commission; and
WHEREAS, since adoption, the Planning Commission has approved fifty such extensions,
primarily on the consent agenda without discussion; and
WHEREAS, in thirteen instances, an applicant has missed the required filing period for an
extension and was required to fully process a new project through the Planning Commission review,
involving significant cost in time and money to the applicant, staff, neighbors and officials; and
WHEREAS, the proposed amendment would maintain the intent of the original ordinance to
ensure projects under construction meet the ordinances and codes in place at the time of
construction, while allowing administrative extensions for those projects that meet all city codes,
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 repeals and
replaces Ch. 166.20 Expiration of Approved Plans and Permits of the Unified Development Code
with Exhibit "A," attached hereto and made a part hereof.
PASSED and APPROVED this 15u day of July, 2008.
APPROVED: ATTEST:
,1,„nnunee
^� � n, ' ` .�`� F11V1R [ '''r�.
By: � By: 0�`�-' F.
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasu&�
FAYMEVILLE °
C7
Exhibit "A"
166.20 Expiration Of Approved Plans accomplish the tasks by up to one (1)
And Permits additional year. The applicant has the
burden to show good cause why the
(A) Applicability. The provisions of this section tasks could not reasonably be
apply to all of the following plans and completed within the normal one (1 )
permits: year limit. Extensions that are not
permitted administratively may be
(1 ) Preliminary plats; requested of the Planning Commission
within ten days of the final administrative
(2) Planned zoning district developments; decision.
(3) Conditional uses; (3) Planning Commission Extension Within
18 months. Should an applicant miss
(4) Large-scale developments; the deadline to request an
administrative extension, within eighteen
(5) Lot splits; months of the date of approval the
applicant may request the Planning
(6) Physical alteration of land permits; Commission to extend the period up to
one (1) additional year from the original
(7) Storm water, drainage, and erosion date of approval, subject to the burden
control permits; of showing good cause as described in
this section.
(8) Tree preservation plans; and
(4) Planning Commission Extension. Prior
(9) Floodplain development permits. to the expiration of any allowed
extension period (maximum of two years
(B) Time limit. from the date of original approval), an
applicant may request the Planning
(1 ) Tasks to be completed. All of the Commission to extend the period to
above-enumerated plans and permits accomplish the tasks by up to one (1)
are conditioned upon the applicant additional year, if the plans and permits
accomplishing the following tasks within are substantially the same as those
one (1 ) year from the date of approval: originally approved. The applicant has
the burden to show good cause why the
(a) For any renovation or new tasks could not reasonably be
construction, receive all building completed within the normal one (1 )
permits for the project; and/or, year limit and the permitted extension
period. Extensions beyond three (3)
(b) For a Planned Zoning District, years from the original date of approval
comply with the approved phasing shall not be permitted.
plan; and/or (5) Ordinance Amendments. To receive
(c) For a lot split, record a deed or approval of an extension, the applicant
survey at the Washington County shall comply with all applicable zoning
Circuit Clerk's Office, stamped for and development requirements that
recordation by the City Planning have been adopted subsequent to the
Division; and/or, original project approval. Projects that
must be substantially modified to meet
(d) Receive a Certificate of Zoning new code requirements are subject to
Compliance; and/or, Ch. 166.05 (F) Modifications.
(e) Receive all permits and approvals (6) Variances. Variances from applicable
required by City, County, State, and zoning and development requirements
Federal regulations to complete that have been adopted subsequent to
construction of the development or the original project approval shall be
project. reviewed by the Planning Commission
prior to approval of the extension.
(2) Administrative Extension Within One (7) Expiration. If the required task(s) are
Year. Prior to the expiration of the one not completed within one (1 ) year from
(1) year time limit, an applicant may
request the Zoning and Development the date of approval or during an
Administrator to extend the period to allowed extension period, all of the
Exhibit "A"
above-enumerated plans and permits may request the Planning Commission
shall be rendered null and void. to extend the three (3) year period to
complete the project by up to two (2)
(C) Three-year time limit. additional years. The applicant has the
burden to show good cause why the
(1 ) Tasks to be complete. All of the above- project could not reasonably be
enumerated plans and permits are also completed within the three (3) year time
conditioned upon the applicant limit.
completing the project and receiving
final inspection approval and/or a final (3) Expiration. If the applicant fails to meet
Certificate of Occupancy permit within the requirements of subsection (C)(1)
three (3) years from the date of within three (3) years from the date of
issuance of a building permit or receipt issuance of a building permittreceipt of
of all permits and approval required to all permits and approval required or
complete construction of the project. during an allowed extension period, all
of the above-enumerated plans and
(2) Extensions. Prior to the expiration of permits shall be rendered null and void.
the three (3) year time limit, an applicant
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
15-Jul-08
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ADM 08-3020: (UDC Amendment - Ch. 166.20 Expiration of Plans): Submitted by Planning Staff, an amendment to the
UDC Ch. 166.20 to permit administrative extensions for projects that meet all code requirements and establish different project
extension options.
$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 Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached I�J
Previous Ordinance or Resolution # n/a
Department irec Date Original Contract Date: n/a
Original Contract Number: n/a
Ci rney
Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
0�
Mayor Date
FCom�ments:
City Council Meeting of July 15 , 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations �p
From: Jeremy C. Pate, Director of Current Planning
Date: June 26, 2008
Subject: UDC Amendment — Ch. 166.20 Expiration of Approved Plans and Permits
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance amendment to Ch.
166.20 of the UDC, allowing applicants to request administrative approval of project
extensions, as long as the project meets all codes in place at the time of the extension, and
amending other sections of the code.
BACKGROUND
In 2002 the City Council adopted an ordinance that established a sunset for previously
approved projects and created a one-year expiration period in which all new projects are
required to obtain all necessary permits to start construction of the project. The ordinance
also allowed a one-time, on-year extension request of approved plans, subject to Planning
Commission approval. Since that time, the Planning Commission has approved fifty such
extension requests, with little to no discussion. However, in at least thirteen instances, staff
has been required to make an applicant submit an entirely new application and development
project, even if it was the same exact project, for missing the filing deadline for the extension
by the Planning Commission. This practice is not popular with the applicant, staff, or
neighbors who are notified and come to meetings to find out the project is the same as that
which was originally approved.
DISCUSSION
Staff is recommending an ordinance amendent to Ch. 166.20 that would permit applicants to
submit an extension request to staff for administrative approval, provided that the project
meets all codes in place at the time of the extension request. In addition, if an applicant
misses the one-year filing period, he or she would be allowed an additional six months to file
for an extension by the Planning Commission, much as we process now. And finally, this
amendment would allow the Planning Commission to permit a second extension, with a
maximum of three years for projects (other than PZDs that establish longer phasing periods)
to meet all requirements. The Planning Commission voted 8-0-0 to recommend approval of
this ordinance amendment at its June 23 meeting.
BUDGETIMPACT
None.
FAYETTEVILLE
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, Director of Current
Planning
FROM: Kit Williams, City Attorney C/�C
DATE: June 26, 2008
RE: Amendment of code section governing renewal or extension of approved projects
We recently received a complaint from a developer who had graded his large scale
development and had been approved for and was constructing the foundations for his
apartment complex. Unfortunately, he had failed to apply for an extension of the
approval for his large scale development within the one year period. Our Code did not
allow an extension to be granted after the period expired and so Planning and Building
Safety could not issue building permits to finish the development. The developer had to
go back to square one and submit a new large scale development permit.
Jeremy Pate and I discussed this problem which had occurred several times in the
past. Although one might argue that the developer/builder should be aware of the City' s
Development Ordinances and the clearly stated requirement to apply for an extension
prior to the expiration of the permitted period, it makes no sense not to allow the
Planning Commission to hear a request for extension even if the developer/builder misses
the expiration of approval deadline by a few months. With no wiggle room in the current
code section, we have been forced into almost playing a "gotcha" game with developers
who ask too late for an extension .
Jeremy and his staff have come up with a significant improvement for this process
to extend previously approved plans. First, if the developer timely requests an extension.
Jeremy can approve it himself so no time is wasted waiting to get it before the Planning
Commission. Second, if the developer fails to ask for an extension before project' s
approval expires, the developer can seek the Planning Commission's approval for an
extension rather than having to go back to square one as if the staff, public and Planning
Commission had not already carefully studied and approved the project a year or so
earlier.
I recommend approval of this procedural change which should save staff and
developers much time, effort and expense.
ORDINANCE NO.
AN ORDINANCE TO REPEAL AND REPLACE
UNIFIED DEVELOPMENT CODE CH. 166.20,
EXPIRATION OF APPROVED PLANS AND
PERMITS, TO ALLOW ADMINISTRATIVE
EXTENSIONS AND OTHER AMENDMENTS AS
NOTED HEREIN.
WHEREAS, the City Council in 2002 adopted Ch. 166.20 of the Unified Development
Code that establishes an expiration date of one year and permits a one-time, one-year extension to
approved permits and plans, upon approval by the Planning Commission; and
WHEREAS, since adoption, the Planning Commission has approved fifty such extensions,
primarily on the consent agenda without discussion; and
WHEREAS, in thirteen instances, an applicant has missed the required filing period for an
extension and was required to fully process a new project through the Planning Commission review,
involving significant cost in time and money to the applicant, staff, neighbors and officials; and
WHEREAS, the proposed amendment would maintain the intent of the original ordinance to
ensure projects under construction meet the ordinances and codes in place at the time of
construction, while allowing administrative extensions for those projects that meet all city codes,
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 repeals and
replaces Ch. 166.20 Expiration of Approved Plans and Permits of the Unified Development Code
with Exhibit "A," attached hereto and made a part hereof.
PASSED and APPROVED this—day of J 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
Exhibit "A"
166.20 Expiration Of Approved Plans accomplish the tasks by up to one (1)
And Permits additional year. The applicant has the
burden to show good cause why the
(A) Applicability. The provisions of this section tasks could not reasonably be
apply to all of the following plans and completed within the normal one (1 )
permits: year limit. Extensions that are not
permitted administratively may be
(1 ) Preliminary plats; requested of the Planning Commission
within ten days of the final administrative
(2) Planned zoning district developments; decision.
(3) Conditional uses; (3) Planning Commission Extension Within
18 months. Should an applicant miss
(4) Large-scale developments; the deadline to request an
administrative extension, within eighteen
(5) Lot splits; months of the date of approval the
applicant may request the Planning
(6) Physical alteration of land permits; Commission to extend the period up to
one (1 ) additional year from the original
(7) Storm water, drainage, and erosion date of approval, subject to the burden
control permits; of showing good cause as described in
this section.
(8) Tree preservation plans; and
(4) Planning Commission Extension. Prior
(9) Floodplain development permits. to the expiration of any allowed
extension period (maximum of two years
(B) Time limit. from the date of original approval), an
applicant may request the Planning
(1) Tasks to be completed. All of the Commission to extend the period to
above-enumerated plans and permits accomplish the tasks by up to one (1 )
are conditioned upon the applicant additional year, if the plans and permits
accomplishing the following tasks within are substantially the same as those
one (1 ) year from the date of approval: originally approved. The applicant has
the burden to show good cause why the
(a) For any renovation or new tasks could not reasonably be
construction, receive all building completed within the normal one (1)
permits for the project; and/or, year limit and the permitted extension
period. Extensions beyond three (3)
(b) For a Planned Zoning District, years from the original dale of approval
comply with the approved phasing shall not be permitted.
plan; and/or (5) Ordinance Amendments. To receive
(c) For a lot split, record a deed or approval of an extension, the applicant
survey at the Washington County shall comply with all applicable zoning
Circuit Clerk's Office, stamped for and development requirements that
recordation by the City Planning have been adopted subsequent to the
Division; and/or, original project approval. Projects that
must be substantially modified to meet
(d) Receive a Certificate of Zoning new code requirements are subject to
Compliance; and/or, Ch. 166.05 (F) Modifications.
(e) Receive all permits and approvals (6) Variances. Variances from applicable
required by City, County, State, and zoning and development requirements
Federal regulations to complete that have been adopted subsequent to
construction of the development or the original project approval shall be
project. reviewed by the Planning Commission
prior to approval of the extension.
(2) Administrative Extension Within One
Year. Prior to the expiration of the one (7) Expiration. the required task(s) are
(1 ) year time limit, an applicant may not completedd within one (1 ) year from
the date of approval or during an
request the Zoning and Development
Administrator to extend the period to allowed extension period, all of the
Exhibit "A"
above-enumerated plans and permits may request the Planning Commission
shall be rendered null and void. to extend the three (3) year period to
complete the project by up to two (2)
(C) Three-year time limit. additional years. The applicant has the
burden to show good cause why the
(1 ) Tasks to be complete. All of the above- project could not reasonably be
enumerated plans and permits are also completed within the three (3) year time
conditioned upon the applicant limit.
completing the project and receiving
final inspection approval and/or a final (3) Expiration. If the applicant fails to meet
Certificate of Occupancy permit within the requirements of subsection . (C)(1 )
three (3) years from the date of within three (3) years from the date of
issuance of a building permit or receipt issuance of a building permit/receipt of
of all permits and approval required to all permits and approval required or
complete construction of the project. during an allowed extension period, all
of the above-enumerated plans and
(2) Extensions. Prior to the expiration of permits shall be rendered null and void.
the three (3) year time limit, an applicant
dyeL1e � l PC Meeting of June 23 , 2008
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain Sl.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Director of Current Planning
DATE: 04 June 2008
ADM 08-3020: (UDC Amendment — Ch. 166.20 Expiration of Plans): Submitted by Planning
staff, an amendment to the Unified Development Code Ch. 166.20, Expiration of Approved
Plans and Permits, to permit administrative extensions for projects that meet all code
requirements and establish different extension options. Planner: Jeremy Pate
Background:
In 2002, the Planning Commission recommended and City Council adopted an ordinance that
required all previously approved plans and permits to comply with current ordinances and
established time limits for future plan and permit approval. This ordinance amendment came about
due to concerns with projects approved, in some cases, decades ago and which were technically still
permitted to be constructed without meeting the codes that had been adopted since that original
approval.
The current code section that is applied most frequently, Ch. 166.20, establishes a typical one-year
time limit in which an applicant must complete the required tasks associated with the project. For a
large scale development, for instance, all building permits associated with the project must be
obtained within one year from the date of approval by the Planning Commission; for a preliminary
plat, all construction plans must be approved; for a Conditional Use Permit, a Certificate of Zoning
Compliance must be issued; and so forth. If the tasks can not be completed within the one-year time
limit, an applicant may apply for a one-time, one-year extension, prior to the expiration date.
Proposal:
The proposal before you is to amend the current extension procedure, still requiring the initial one-
year time limit, but allowing administrative extension rights. The ability to administratively approve
extensions was discussed in 2002, but due to the complexity of the issue and the unknown number of
projects the sunset clause would affect, it was not included. Additionally, if an applicant misses the
one-year time frame to request an administrative extension, but requests an extension within 18
months of approval, the Planning Commission may grant the extension. This allows an extra 6
months for an applicant to finalize the tasks; it is common knowledge in the Planning office that
K:IReports0008WC ReportsI124 ne 2314DM 08-3020 (UDC-/66.20).doc
most projects that miss their request deadlines to ask for an extension are discovered within 6 months
of the expiration. And finally, the proposed amendment would give the Planning Commission the
ability to approve an additional one year on top of the administrative extension, allowing for a
potential maximum time period of three years in which to complete all tasks associated with the
approved plans and permits.
To be clear, in all of these instances the applicant must show good cause to justify the extension; if
an ordinance amendment has occurred that would alter the plans, this is one of the considerations the
Zoning and Development Administrator and Planning Commission may utilize in determining
whether an extension is approved or not.
To provide supporting data, staff conducted a study from January 2003 (when the ordinance went
into effect) to the present. In that time period 48 requests for extensions of the one-year time frame
have been requested and approved. None have been denied, and all but the first three requested have
been approved on the consent agenda. In that same period of time, 13 applicants missed their
deadline to request the same extension and were required to return through the development review
process. When a project has already been reviewed and approved, is reviewed for the same
development requirements as previously approved, oftentimes is already under construction, and is
not subject to additional code requirements that would substantially change the project, staff finds
this additional review to be a waste of valuable time and resources for the applicant, private
consultants, neighbors and staff. While the City of Fayetteville's review process is relatively short
(40 days), there is still substantial cost in city staff time processing the request, application fees,
consulting fees to reproduce engineering, landscape and architectural drawings, concerned neighbors
attending meetings on the same project and time spent by the Commission and other committees
discussing the project in meetings. In our opinion, amending this code section to be more user-
friendly, while retaining the strength of the intent to ensure projects that are approved are constructed
to the most current codes adopted, is advisable.
Recommendation:
Staff recommends the proposed amendments to Ch. 166.20 be forwarded to the City
Council with a recommendation for approval.
K.- Reporb12008WCReports112-June 23UDM08-3020 (UDC-166.20).doc
Marked-up Draft
166.20 Expiration Of Approved Plans request the waaning 6emmissien
And Permits Zoning and Development
Administrator to extend the period to
(A) Applicability. The provisions of this section accomplish the tasks by up to one (1 )
apply to all of the following plans and additional year. The applicant has the
permits: burden to show good cause why the
tasks could not reasonably be
(1 ) Preliminary plats; completed within the normal one (1)
year limit. Extensions that are not
(2) Planned zoning district developments; permitted administratively may be
requested of the Planning
(3) Conditional uses; Commission within ten days of the
final administrative decision.
(4) Large-scale developments;
(3) Planning Commission Extension
(5) Lot splits; .n 18 months. Should an
applicant miss the deadline to
request rt administrative extension,
(6) Physical alteration of land permits; r .+,
ithin eighteen months of the date of
approval the applicant may request
(7) Storm water, drainage, and erosion w
control permits; the Planning ommission to extend
the period up to one (1) additional
year from the rigmal date of
(8) Tree preservation plans; and, a proval, subject toNthe burden of
(0) Sign pelmit6i and howmg good cause as described in
this section.
(10) Floodplain development permits.
(4) .Planning Commission Extension.
(B) One year Time limit. P.rio�o the expiration of any allowed
extension period (maximum of two
(1 ) Tasks to be completed. All of the yeears trom the date of original
above enumerated Tans and permit approval), an applicant may request
are conditione _ upon t e pplicant efPlanning Commission to extend
accomplishingfollowing task's within the period to accomplish the tasks by
one 1 ~ up to one (1 ) additional year, if the
( ) year irom the date of approval: plans and permits are substantially
(a) For any re ovati or ne the same as those originally
nstruction, receive all bud ing approved. The applicant has the
permits'of_._ or�the p`roje`ct and/or, burden to show good cause why the
�� tasks could not reasonably be
b) Fora Planne?� Zoni g District, completed within the normal one (1 )
comply w'ihjt�the proved year limit and the permitted
phasing plan; and}d or extension period. Extensions beyond
three (3) years from the original date
(c) or a lot split, rd a deed or of approval shall not be permitted.
sSe at the Washington County
a (5) Ordinance Amendments. To receive
Circ it lerk's ffice, stamped for
> approval of an extension, the
record tion by the City Planning
Division; and/o , applicant shall comply with all
applicable zoning and development
(d) Receive a Certificate of Zoning requirements that have been adopted
Compliance; and/or, subsequent to the original project
approval. Projects that must be
(e) Receive all permits and approvals substantially modified to meet new
required by City, County, State, code requirements are subject to Ch.
and Federal regulations to start 166.05 (F) Modifications.
complete construction of the (6) Variances. Variances from applicable
development or project. zoning and development
(2) Administrative Extension Kithin One requirements that have been adopted
Year. Prior to the expiration of the one subsequent to the original project
(1) year time limit, an applicant may approval shall be reviewed by the