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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 l:3 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: % 1. - ),.o • ze) 1 `2, ,cwt. /3) / `1 i2- zo- zc ►"3 V20130812 i ay' eeVle 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 .�`♦� 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 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