HomeMy WebLinkAboutOrdinance 5653Doc ID: 015590270002 Type: REL
Kind: ORDINANCE
Recorded: 0211DI2014 at 11:01:11 AM
Fee Amt: $20.OD Page 1 of 2
washinpton County, AR
Kyle $ylvester Circuit Clerk
File2014-00003109
ORDINANCE NO. 5653
AN ORDINANCE TO AMEND THE DEFINITION OF LARGE SCALE
DEVELOPMENT IN § 151.01, AMEND § 157.02, § 166.01 (D) AND § 166.02
(13)(2) AND (3) AND TO REPEAL § 94.06 FLAMMABLE AND
COMBUSTIBLE LIQUIDS OF THE FAYETTEVILLE CODE TO CLARIFY
WHAT DEVELOPMENTS ARE CONSIDERED LARGE SCALE
DEVELOPMENTS
WHEREAS, § 94.06 Flammable and Combustible Liquids needlessly requires that
installation of storage tanks for these liquids always be processed as Large Scale Developments;
and
WHEREAS, the recent adoption of high or even unlimited residential density districts have
permitted apartment buildings with extremely high numbers of apartments to be constructed
upon less than one acre and so avoid paying parkland fees despite bringing in hundreds of new
residents who will need access to city parks and should pay their fair share of park fees to
purchase and develop such parks.
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 §
151.01 Definitions of the Unified Development Code so that the definition of Large Scale
Development shall read as follows:
"Large Scale Development. (Development) The development of a lot or parcel one acre
or greater in size or the construction of a multi -family building or buildings with 24 or more
units. The term development shall include, but shall not be limited to, the construction of a new
improvement, the construction of an addition to an existing improvement, or a parceling which
results in the need for access and utilities."
Section 2. That the City Council of the City of. Fayetteville, Arkansas hereby amends §
157.02 Development by enacting a new subsection (D) as shown below:
"(D) Large Scale Development applications that are subject to administrative approval
are exempt from the notification requirements of this code subsection, however, they are subject
to and shall complete the public notification requirements for a Large Site Improvement Plan
application."
Page 2
Ordinance No. 5653
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §
166.01 Development Categories (D) Large Scale Development so that it will read as follows:
"(D) Large Scale Development. A Large Scale Development is generally intended for,
but not limited to, a non-residential, mixed use, or multi -family development on a site of one
acre or greater in size, or the construction of a multi -family building or buildings with 24 units
where subdivisions of land is not proposed."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §
166.02 Development Review Process (B) Public Meetings (2) Subdivision Committee and (3)
Planning Commission so that these subsections shall read as follows:
"(2) Subdivision Committee. The following development applications are required to be
reviewed by the Subdivision Committee: Large Scale Development, Planned Zoning District
with Development, Preliminary Plat, and Concurrent Plat. From these applications, the
Subdivision Committee may approve only Large Scale Developments. Large Scale
Development applications that are subject to administrative approval shall not be required to be
reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be
reviewed by the Planning Commission. Preliminary Plat, Concurrent Plat, and Planned Zoning
District with Development. The Planning Commission may approve, deny, table, or approve
development applications with conditions. A Planned Zoning District cannot be approved by the
Planning Commission, but may be forwarded to City Council. Large Scale Development
applications that are subject to administrative approval shall not be required to be reviewed by
the Planning Commission."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals in
its entirety § 94.06 Flammable and Combustible Liquids; Liquefied Petroleum Gases of the
Fayetteville Code. III►I+ssrirrll"
PASSED and APPROVED this 21" day of January, 2014.
• IL U u.9,iolTA
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ATTEST:
FA YIF
/rr�S fl.ri �•�:.. .•tip':
�lr•���►tIf f 1! l 1111111``~
13y:
SONDRA E. SMITH, City Clerk/Treasurer
Washington County, AR
I certify this instrument was filed on
02/10/2014 11:01:11 AM
and recorded in Real Estate
File Number 2014-00003109
Kyle Sylvester- Circuit Clerk
by
Andrew Garner
Submitted By
City of Fayetteville Item Review Form
2013-0231
Legistar Fite N
Janus014
�'Y
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
ADM 13-4565: Administrative Item (UDC AMENDMENT: LARGE SCALE DEVELOPMENT/PARKLAND
DEDICATION APPLICABILITY): Submitted by CITY PLANNING AND PARKS DEPARTMENT STAFF for
revisions to the Unified Development Code, Chapters 151, 166 and the City Code §94.06 to amend the
definition of and applicability for parkland dedication for certain large scale development applications.
Does this item have a cost? Np
Cost of this request
Account Number
Category or Project Budget
Funds Used to Date
$0.00
Program or Project Name
Program or Project Category
Project Number Remaining Balance Fund Name
Budgeted Item? Budget Adjustment Attached?
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
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V20130812
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40
�ARKANS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, City Planning Director
Date: December 16, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Subject: ADM 13-4565 (UDC Amendment: Large Scale Development/Parkland Dedication Applicability)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to amend the definition of and
applicability for parkland dedication for certain large scale development application.
BACKGROUND
The Fayetteville Unified Development Code Section 166.04 (L) currently requires certain development
proposals to dedicate land or contribute money in lieu for City Parks, to offset the impact of new residents on
the park system. The determination of acceptance of land or money is determined by the Planning Commission
upon recommendation from the Parks and Recreation Advisory Board.
These types of developments, as defined by Chapter 151 and 166 of the Unified Development Code, are
generally more than one acre in size. With the continued growth of the University of Arkansas and general
population, there are many more infill projects, particularly in the downtown area, that are on smaller lots and
are more dense and vertical, than the more sprawling suburban development patterns seen in the past. These
projects have a significant impact on the park system increasing wear and tear on existing facilities and
increasing demand for new facilities. Currently, if a project is less than one acre, it is not reviewed for Park
Land Dedication requirements.
For example, a project was recently reviewed through the planning process that proposed to build 152 units on
0.98 acres. This project was not required to be reviewed for Park Land Dedication requirements due to its size
of less than one acre; however it will add significant demand on the park system. Wilson Park is the closest park
to this development and already experiences heavy use, wear and tear. If another residential project were
proposing the same number of units on a 1.1 acre parcel, it would have to pay $85,120 or dedicate 2.13 acres of
land. These funds could be used to replace and/or add new amenities to the park that serves the residents.
As the City continues to see and encourage urban infill, these types of developments will likely increase and
potentially add hundreds of new residents to the city and, specifically, the downtown area. The Parks and
Recreation Department prides itself on providing the the best facilities possible; however they will be at a
disadvantage if these types of development continue to be exempt from the ordinance.
THE CITY OF FAYETTEVILLE, ARKANSAS
PROPOSAL
Staff proposes changes to the Fayetteville Unified Development code as follows:
Change the definition of Large Scale Development in UDC Chapter 151 and Chapter 166.01 to include,
"...the construction of a multi -family building or buildings with 24 or more units..." as a Large Scale
Development.
Clarify the public notification and development review process in UDC Chapters 157 Public
Notification and 166.02 for developments that are subject to administrative approval. Certain types of
developments in form -based zoning districts are currently exempted from the Large Scale Development
review, but with this proposal are now considered Large Scale Developments. This proposal specifies
that Large Scale Developments subject to administrative approval shall follow the same public
notification and development review process as a Large Site Improvement Plan, but will now be subject
to the parkland requirements. This will still exempt these types of projects in certain form -based zoning
districts from the Subdivision Committee and Planning Commission review. This exemption was
intended to encourage the use of traditional/urban development patterns over suburban development
patterns in accordance with the City's adopted General Plan (City Plan 2030) and associated land use
policies.
Staff also proposes to change City Code Chapter 94: Fire Prevention as follows:
• Remove an outdated requirement that the installation of all aboveground storage tanks for flammable
and combustible liquids be required to go through the Large Scale Development process. This code
change is not related to the park land requirements, but is simply outdated because our current building
permit process requires these types of developments to obtain a building permit that is reviewed and
approved by the Fire Department and other applicable City Divisions.
DISCUSSION
On November 4, 2013 the Parks and Recreation Advisory Board recommended in favor of this request and on
December 9, 2013 the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 8-0-0.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE DEFINITION OF LARGE SCALE
DEVELOPMENT IN § 151.01, AMEND § 157.02, § 166.01 (D) AND § 166.02
(B)(2) AND (3) AND TO REPEAL § 94.06 FLAMMABLE AND
COMBUSTIBLE LIQUIDS OF THE FAYETTEVILLE CODE TO CLARIFY
WHAT DEVELOPMENTS ARE CONSIDERED LARGE SCALE
DEVELOPMENTS
WHEREAS, § 94.06 Flammable and Combustible Liquids needlessly requires that
installation of storage tanks for these liquids always be processed as Large Scale Developments;
and
WHEREAS, the recent adoption of high or even unlimited residential density districts
have permitted apartment buildings with extremely high numbers of apartments to be constructed
upon less than one acre and so avoid paying parkland fees despite bringing in hundreds of new
residents who will need access to city parks and should pay their fair share of park fees to
purchase and develop such parks.
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 §
151.01 Definitions of the Unified Development Code so that the definition of Large Scale
Development shall read as follows:
"Large Scale Development. (Development) The development of a lot or parcel one
acre or greater in size or the construction of a multi -family building or buildings with
24 or more units. The term development shall include, but shall not be limited to, the
construction of a new improvement, the construction of an addition to an existing
improvement, or a parceling which results in the need for access and utilities."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §
157.02 Development by enacting a new subsection (D) as shown below:
"(D) Large Scale Development applications that are subject to administrative
approval are exempt from the notification requirements of this code subsection,
however, they are subject to and shall complete the public notification requirements
for a Large Site Improvement Plan application."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §
166.01 Development Categories (D) Large Scale Development so that it will read as follows:
"(D) Large Scale Development. A Large Scale Development is generally intended for,
but not limited to, a non-residential, mixed use, or multi -family development on a site of
one acre or greater in size, or the construction of a multi -family building or buildings
with 24 units where subdivisions of land is not proposed."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §
166.02 Development Review Process (B) Public Meetings (2) Subdivision Committee and (3)
Planning Commission so that these subsections shall read as follows:
"(2) Subdivision Committee. The following development applications are required to be
reviewed by the Subdivision Committee: Large Scale Development, Planned Zoning
District with Development, Preliminary Plat, and Concurrent Plat. From these
applications, the Subdivision Committee may approve only Large Scale Developments.
Targe Scale Development applications that are subject to administrative approval shall
not be required to be reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be
reviewed by the Planning Commission. Preliminary Plat, Concurrent Plat, and Planned
Zoning District with Development. The Planning Commission may approve, deny, table,
or approve development applications with conditions. A Planned Zoning District cannot
be approved by the Planning Commission, but may be forwarded to City Council. Large
Scale Development applications that are subject to administrative approval shall not be
required to be reviewed by the Planning Commission."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals in
its entirety § 94.06 Flammable and Combustible Liquids; Liquefied Petroleum Gases of the
Fayetteville Code.
PASSED and APPROVED this 71h day of January, 2014.
APPROVED:
IM
LIONELD JORDAN, Mayor
ATTEST:
IM
SONDRA E. SMITH, City Clerk/Treasurer
i
Tayve ei i le
A R K A NSA S PC Meeting of December 9, 2013
THF.,' CITY OF FAYETTF,VII-I.E. ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
Alison Jumper, Park Planning Superintendent
DATE: December 4, 2013
ATT: Code changes shown in Wit -underline
Memorandum from the Parks and Recreation Division
ADM 13-4565: Administrative Item (UDC AMENDMENT: LARGE SCALE
DEVELOPMENT/PARKLAND DEDICATION APPLICABILITY): Submitted by
CITY PLANNING AND PARKS DEPARTMENT STAFF for revisions to the Unified
Development Code, Chapters 151, 166 and the City Code §94.06 to amend the definition
of and applicability for parkland dedication for certain large scale development
applications. City Planner: Andrew Garner
Park Planning: Alison Jumper
BACKGROUND
The Fayetteville Unified Development Code Section 166.04 (L) currently requires certain
development proposals to dedicate land or contribute money in lieu for City Parks, to
offset the impact of new residents on the park system. The determination of acceptance of
land or money is determined by the Planning Commission upon recommendation from
the Parks and Recreation Advisory Board.
These types of developments, as defined by Chapter 151 and 166 of the Unified
Development Code, are generally more than one acre in size. With the continued growth
of the University of Arkansas and general population, there are many more infill projects,
particularly in the downtown area, that are on smaller lots and are more dense and
vertical, than the more sprawling suburban development patterns seen in the past. These
projects have a significant impact on the park system increasing wear and tear on existing
facilities and increasing demand for new facilities. Currently, if a project is less than one
acre, it is not reviewed for Park Land Dedication requirements.
For example, a project was recently reviewed through the planning process that proposed
to build 152 units on 0.98 acres. This project was not required to be reviewed for Park
Land Dedication requirements due to its size of less than one acre; however it will add
significant demand on the park system. Wilson Park is the closest park to this
development and already experiences heavy use, wear and tear. If another residential
project were proposing the same number of units on a 1.1 acre parcel, it would have to
pay $85,120 or dedicate 2.13 acres of land. These funds could be used to replace and/or
G:\ETC\Development Services Review\2013\Development Review\13-4565 ADM UDC Amend Parkland
Dedication Large Scale Dev\03 Planning Commission\12-09-2013\Comments and Redlines
add new amenities to the park that serves the residents.
As the City continues to see and encourage urban infill, these types of developments will
likely increase and potentially add hundreds of new residents to the city and, specifically,
the downtown area. The Parks and Recreation Department prides itself on providing the
the best facilities possible; however they will be at a disadvantage if these types of
development continue to be exempt from the ordinance.
City Parks Department staff discussed the idea of including these smaller development as
being subject to the land dedication or money in lieu for parkland requirements with the
Parks and Recreation Advisory Board on November 4, 2013 and received a
recommendation for approval.
PROPOSAL
Staff proposes changes to the Fayetteville Unified Development code as follows:
• Change the definition of Large Scale Development in UDC Chapter 151 and
Chapter 166.01 to include, "...the construction of a multi -family building or
buildings with 24 or more units..." as a Large Scale Development.
• Clarify the public notification and development review process in UDC Chapters
157 Public Notification and 166.02 for developments that are subject to
administrative approval. Certain types of developments in form -based zoning
districts are currently exempted from the Large Scale Development review, but
with this proposal are now considered Large Scale Developments. This proposal
specifies that Large Scale Developments subject to administrative approval shall
follow the same public notification and development review process as a Large
Site Improvement Plan, but will now be subject to the parkland requirements.
This will still exempt these types of projects in certain form -based zoning districts
from the Subdivision Committee and Planning Commission review. This
exemption was intended to encourage the use of traditional/urban development
patterns over suburban development patterns in accordance with the City's
adopted General Plan (City Plan 2030) and associated land use policies.
Staff also proposes to change City Code Chapter 94: Fire Prevention as follows:
+ Remove an outdated requirement that the installation of all aboveground storage
tanks for flammable and combustible liquids be required to go through the Large
Scale Development process. This code change is not related to the park land
requirements, but is simply outdated because our current building permit process
requires these types of developments to obtain a building permit that is reviewed
and approved by the Fire Department and other applicable City Divisions.
These code changes are shown in Wit -underline in the attached document.
G:\ETC\Development Services Review\2013\Development Review\13-4565 ADM UDC Amend Parkland
Dedication Large Scale Dev\03 Planning Commission\12-09-2013\Comments and Redlines
RECOMMENDATION
Staff recommends that the Planning Commission forward ADM 13-4565 to the City
Council with a recommendation for approval.
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Motion: Chesser
Second: Pennington
Vote: 8-0-0
Meeting Date: December 9, 2013
GAETC\Development Services Review\2013\Development Review\13-4565 ADM UDC Amend Parkland
Dedication Large Scale Dev\03 Planning Commission\12-09-2013\Comments and Redlines
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 151: DEFINITIONS
Large-scale development. (Development) The development of a lot or parcel one acre or greater in size or the
construcuoh! damrktMilly<• tldl ` .* The term development shall include, but shall
not be limited to, the construction of a new improvement, the construction of an addition to an existing improvement, or
a parceling which results in the need for access and utilities.
CHAPTER 157: NOTIFICATION AND PUBLIC HEARINGS
157.02 Development
Notification of public hearings for development applications shall occur as follows:
(A) Public hearing required. A public hearing shall be held at the meeting of the Subdivision Committee and/or
Planning Commission, in accordance with the Unified Development Code the established bylaws of the Planning
Commission.
(B) Applicability: Development applications include, for the purpose of notification, preliminary plats, concurrent plats,
and large scale developments. If an application does not require a public hearing, notification is not required.
(C) Notice of public hearing. The applicant shall provide the following notice:
(1) Who gets notice. Notice of the proposed development shall be given to all adjacent landowners.
(2) Methods of notice. Notice shall be provided by the following methods, as required by this chapter:
(a) Written notice. Written notice shall be provided at least seven (7) days prior to Subdivision Committee
and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required
by this chapter.
(b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision Committee and
at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by
this chapter.
CHAPTER 166: DEVELOPMENT
166.01 Development Categories
(D) Large Scale Development. A Large Scale Development is generally intended for, but not limited to, a non-
residential, mixed use, or multi -family development on a site of one acre or greater in size, or the construction of a
um id'-:farrifly _.U11dJw dr:k 1dings •wifh 24..tir 6jg i' MI5i where subdivision of land is not proposed.
166.02 Development Review Process
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed by the
Technical Plat Review Committee: Lot Split, Small Site Improvement Plans, Large Site Improvement Plans,
Large Scale Development, Planned Zoning District, Preliminary Plat, Final Plat, and Concurrent Plat. After the
Technical Plat Review Committee meeting staff may administratively approve Lot Splits, Final Plats, Small
Site Improvement Plans, and Large Site Improvement Plans after review for compliance with all applicable
codes subject to UDC 166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by the Subdivision
Committee: Large Scale Development, Planned Zoning District with Development, Preliminary Plat, and
Concurrent Plat. From these applications, the Subdivision Committee may approve only Large Scale
Developments. 1_ai9: kale Oevelorinetit: ailttion4:ttiaf airw: RitFiar'ti3 wrfrtsiniiA'ftuoi i. anrimi,al'.aalii�ll' rissi. }ui
(3) Planning Commission. The following development applications are required to be reviewed by the Planning
Commission: Preliminary Plat, Concurrent Plat, and Planned Zoning District with Development. The Planning
Commission may approve, deny, table, or approve development applications with conditions. A Planned Zoning
District cannot be approved by the Planning Commission, but may be forwarded to City Council. Large Scale
TITLE IX GENERAL REGULATIONS
CHAPTER 94: FIRE PREVENTION
94.06 Flammable And Combustible Liquids; Liquefied Petroleum Gases
NORTHWEST ARKANSAS DEMOCRAT-GAZE17E
NORTHWEST ARKANSAS
NEWS -P -M- ERASUC
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5653
Was inserted in the Regular Editions on:
January 30, 2014
Publication Charges: $ 181.58
&t�, 0A
Cathy Wiles
Subscribed and sworn to before me
This 3(Sl--day of jak to_kj , 2014.
Notary Public
My Commission Expires: %o21 3
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Please do not paj' f/,�A}�y�\filii�avit. Invoice will be sent.
ORDINANCE 1,4 X653
AN ORDINANCE. TO AMEND THE°DEFINITION.
OF LARGE, SCALE DEiYELOPMENT IN §
1.5].01,"AMEND'§ 157.02,:§ 166:01 (D) AND § ej e e
AND @),AND TO REPEAL § 94 06, ' AhKANsns
FLAMMABLE AND COMBUSTIBLE, LIQ,IDS .
OF THE FAY T, CODE TOCLARIFY
WHAT. DEVELOPMENTS ARE CONSIDEF;•ED`LARGE'SCAtE DEVELOPMENTS
VIIs neediesslyrequires,
that'fristallation of storage tanks, for -these Uquids always ti processed �ei, Large:
Scale.Developments and gin; a
WHEREAS, the'"recent adoption of `;high or even unlimited residential density'
districts ha'v'e permftted:apartfnent buildings with<extremsly highnumbers of apart
ments oto be constructed upon iess than one acre and so avoid paying parkland fees, l
despite bringing<n hundreds of riew`residents who will need access k city par s,
and should pay their fair -share of pare fees to pu'rcFiase and develop such parks
NOWT ,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY,
OFfAYETTEVILLE,�ARKAN$ASs '°'`
;Section 1:' Th"at-the Cityr,,Counci4ofths City. of Fayetteville, ;4rfCansas hereby,
amends § 151,(it Delimtio2s of the QnIfi66 fJevelopment C6de so that the defini,
tion of Large;Scale°Develo} dihifitfall; reatl as fiollov s
"Large Scale Development. (Developinent)4 Thp developriient of a,lot or parcel. _
one acre or°greater in size�or the construction of a multi -family building or buwld;,
Ings-=nnth 24 or'more'urifts`,-The"term development shall, inclutle.;-butshaIFnct pe
limited to, the construction. of a new Improyor- -the construction pf, n additioir
to ane _stmg.improy, qpt ora parceling which results m the need for access,
-and utilities.
flection 2 :Thd(fhe Clty Council-of';the City of,Fayettev�ile Arkensas hereby:
amends § 157 02 Development by enacting a new sub ecfion (Dj as shown;
below,• ?
'(Dj° Large .$oafs Development applications that are sublect to adtninistratrve
approval are exempt from the notification requirements of this code "subsection,,
however they are subject 646&1shill complete the public notification require`
mentsfor a,-, Site improvement Plan application
Sectwn 3 That the City Counclld of ahs City of Fayetteville grkansas hereby
amends § 166 Ot Develop"ment Categories (D) Large Scale Development so that
rt will'�ad
(D) Large Scale Development A Largegene
Scale Development is rally intended
for, but not limited to a non-reslde`ntial, misted use or multi -family d'evelopmenton
a sife of one acre or greaterm size or theconstruction of a' multi family building or
buildings with 24 unitsgwwbere�,ftlsions of land is not proposed
Section 4 Th Y the City G601 -011,14-0'f the p a '" nsas hQTebjr
amends § Meetings (2)
Subtl�vislon Committee anst (3jfanning C s a 0100, wti
(2) SKbdivisionFCommittee. The follgiiuing deet �esapi oalons are regwred
to be' reviewed by the SubdiVisiRp Corfi i 0e 0Large zS i Development
Planned Zoning District with Development liriina�i rPlat ncunentPla
From these applications the Subdivision o ittee tay e only o E
Scale Developments Large Scale Development pltio a ra supj fix"
administrepyip approvaCshall not be required to the revie ,e ythe Subdwislo
Committees 0'
s
(3) Plannln Commission The following development appbcations. ars air
to be "reyigXed by the Planning Commission PreUminary Plat Concu Pl
and Plsnned Zoning District with Development The Planning Comm ss arm;
approve deny table or approve development afil
pplications with contions
Planned Zoning Distract cannot be approved by the Planrnng Commission
maybe forwarded to City Council Large Scale Development applications t
i= ,.are subject to administrative approval, shall not be regwred to be reviswetl by
Planning Commission:' `�
Aeotion 5 That the, City Council of the City roof Fayetteville Arkansas hereby
repeals in its entirety § 94,06 Flad;G
mmable anombostibie:Lipuids; Cigyefied
Petroleum Gases of the Fayetteville Code.
,PASSED and°APPROVED'this 21st d"ay of January 2014
APPROVED: ATTEST
r,
LIONELD,JORDAN, Mayor: 30NDRA E SMITH Gity Cierk/Treasurer
RECEIVED
THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
JAN 312014
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
CITY F FAYY
TEVICE
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5653
Was inserted in the Regular Editions on:
January 30, 2014
Publication Charges: $ 181.58
&t�, 0A
Cathy Wiles
Subscribed and sworn to before me
This 3(Sl--day of jak to_kj , 2014.
Notary Public
My Commission Expires: %o21 3
.�`♦� 4 B ENso
���` J�' ••' X23969? . ti ,��ii
401AR y .r
y ' P MVItt b 'q -
**NOTE** c�' ........ ?�:2�
�'''i� OM COIN �♦`.
Please do not paj' f/,�A}�y�\filii�avit. Invoice will be sent.
ORDINANCE 1,4 X653
AN ORDINANCE. TO AMEND THE°DEFINITION.
OF LARGE, SCALE DEiYELOPMENT IN §
1.5].01,"AMEND'§ 157.02,:§ 166:01 (D) AND § ej e e
AND @),AND TO REPEAL § 94 06, ' AhKANsns
FLAMMABLE AND COMBUSTIBLE, LIQ,IDS .
OF THE FAY T, CODE TOCLARIFY
WHAT. DEVELOPMENTS ARE CONSIDEF;•ED`LARGE'SCAtE DEVELOPMENTS
VIIs neediesslyrequires,
that'fristallation of storage tanks, for -these Uquids always ti processed �ei, Large:
Scale.Developments and gin; a
WHEREAS, the'"recent adoption of `;high or even unlimited residential density'
districts ha'v'e permftted:apartfnent buildings with<extremsly highnumbers of apart
ments oto be constructed upon iess than one acre and so avoid paying parkland fees, l
despite bringing<n hundreds of riew`residents who will need access k city par s,
and should pay their fair -share of pare fees to pu'rcFiase and develop such parks
NOWT ,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY,
OFfAYETTEVILLE,�ARKAN$ASs '°'`
;Section 1:' Th"at-the Cityr,,Counci4ofths City. of Fayetteville, ;4rfCansas hereby,
amends § 151,(it Delimtio2s of the QnIfi66 fJevelopment C6de so that the defini,
tion of Large;Scale°Develo} dihifitfall; reatl as fiollov s
"Large Scale Development. (Developinent)4 Thp developriient of a,lot or parcel. _
one acre or°greater in size�or the construction of a multi -family building or buwld;,
Ings-=nnth 24 or'more'urifts`,-The"term development shall, inclutle.;-butshaIFnct pe
limited to, the construction. of a new Improyor- -the construction pf, n additioir
to ane _stmg.improy, qpt ora parceling which results m the need for access,
-and utilities.
flection 2 :Thd(fhe Clty Council-of';the City of,Fayettev�ile Arkensas hereby:
amends § 157 02 Development by enacting a new sub ecfion (Dj as shown;
below,• ?
'(Dj° Large .$oafs Development applications that are sublect to adtninistratrve
approval are exempt from the notification requirements of this code "subsection,,
however they are subject 646&1shill complete the public notification require`
mentsfor a,-, Site improvement Plan application
Sectwn 3 That the City Counclld of ahs City of Fayetteville grkansas hereby
amends § 166 Ot Develop"ment Categories (D) Large Scale Development so that
rt will'�ad
(D) Large Scale Development A Largegene
Scale Development is rally intended
for, but not limited to a non-reslde`ntial, misted use or multi -family d'evelopmenton
a sife of one acre or greaterm size or theconstruction of a' multi family building or
buildings with 24 unitsgwwbere�,ftlsions of land is not proposed
Section 4 Th Y the City G601 -011,14-0'f the p a '" nsas hQTebjr
amends § Meetings (2)
Subtl�vislon Committee anst (3jfanning C s a 0100, wti
(2) SKbdivisionFCommittee. The follgiiuing deet �esapi oalons are regwred
to be' reviewed by the SubdiVisiRp Corfi i 0e 0Large zS i Development
Planned Zoning District with Development liriina�i rPlat ncunentPla
From these applications the Subdivision o ittee tay e only o E
Scale Developments Large Scale Development pltio a ra supj fix"
administrepyip approvaCshall not be required to the revie ,e ythe Subdwislo
Committees 0'
s
(3) Plannln Commission The following development appbcations. ars air
to be "reyigXed by the Planning Commission PreUminary Plat Concu Pl
and Plsnned Zoning District with Development The Planning Comm ss arm;
approve deny table or approve development afil
pplications with contions
Planned Zoning Distract cannot be approved by the Planrnng Commission
maybe forwarded to City Council Large Scale Development applications t
i= ,.are subject to administrative approval, shall not be regwred to be reviswetl by
Planning Commission:' `�
Aeotion 5 That the, City Council of the City roof Fayetteville Arkansas hereby
repeals in its entirety § 94,06 Flad;G
mmable anombostibie:Lipuids; Cigyefied
Petroleum Gases of the Fayetteville Code.
,PASSED and°APPROVED'this 21st d"ay of January 2014
APPROVED: ATTEST
r,
LIONELD,JORDAN, Mayor: 30NDRA E SMITH Gity Cierk/Treasurer