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Home My WebLink AboutOrdinance 5245 ORDINANCE NO. 5245 AN ORDINANCE TO AMEND CHAPTER 164: SUPPLEMENTARY ZONING REGULATION BY ENACTING A NEW §164.20 APPROVAL OF VITAL MUNICIPAL FACILITY AND TO APPROVE AN EMERGENCY CLAUSE WHEREAS, the approval and financing for vital municipal facilities such as water storage facilities, water and sewer pump stations, fire stations, police stations or substations should be made at the highest level of city government, the City Council; and WHEREAS, because of their unique requirements, some of these vital municipal facilities may sometimes need to be located within a new lot when a normal lot split would not be allowed; and WHEREAS, the City Council should have the lawful authority after a public hearing to authorize a lot split or lot line adjustment and the construction of such vital municipal facility. 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 Chapter 164: Supplementary Zoning Regulations by enacting a new §164.21 Approval of Vital Municipal Facilities as shown below: "164.21 Approval of Vital Municipal Facilities "Regardless of any other provision within the Unified Development Code,the City Council after a public hearing and by a two-thirds majority vote may approve a Lot Split, Lot Line Adjustment or other appropriate development action and authorize the construction of a vital municipal facility including, but not limited to: a water storage tank, water or sewer pump station, water or sewer pipelines, fire station, police station, public communications facility and all accessory structures needed for such facilities." Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that vital municipal facilities including water towers, water and sewage pump stations and other vital facilities currently require lot splits and conditional use permits that would be difficult to approve under current UDC regulations and that a water tower is currently needed to be approved for construction to protect the public health and safety of many Fayetteville citizens. Therefore, in order to give the City Council the authority to approve construction of this vital city facility without dangerous delay, the City Council hereby determines that an emergency exists and that in order to protect the peace, safety and health of its citizens, this authorizing section of the Unified Development Code should and shall become effective immediately. PASSED and APPROVED this 16th day of June, 2009. APPROVED: ATTEST: Bye By: �" S A WNELD AN,Mayor SONDRA E. SMITH, City C1e /Treasurer AGENDA REQUEST 1hpq !/"It b�U r YAC f 1 FOR: COUNCIL MEETING OF JUNE 16, 2009 FROM: Kit Williams, City Attorney ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Chapter 164: Supplementary Zoning Regulation By Enacting A New §164.20 Approval Of Vital Municipal Facility And To Approve An Emergency Clause APPROVED FOR AGENDA: Kit Williams Date City Attorney .t�?,ora9 Jere P Date Devito ment Services Director F S arr Date C f o Staff L' neld J an Da e Mayor FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS HIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorney , DATE: June 15, 2009 RE: City Council Approval of Lot Split, Lot Line Adjustment and Right to Construct Vital Municipal Facility A vital municipal facility such as a water tank, sewer or water pumping station, etc. will often need to be located on a lot split from a larger lot. This lot split often will not need and cannot feasibly meet all normal lot split requirements for regular developments. For example, water tanks and pump stations do not necessarily need street frontage, nor access to all utilities. There is no need for sewer access for a water pumping station or a water storage tank. Lot width and minimum area requirements may also be less than normally required. Because some vital municipal facilities would not meet the normal Unified Development Code requirements for lot splits, the Code needs to be amended to allow the City Council to approve a lot split specifically for a vital municipal facility. Another issue that should be addressed is developmental approval. The UDC places all "Public protection and utility facilities" including a "water storage facilities" as conditional uses for all but the industrial zones. Rarely would such facilities be located in an industrial zone. The primary consideration in a conditional use request is whether the project is compatible with adjoining property. It is hard to imagine the Planning Commission could determine that a large 140 foot tall water tower would be "compatible" to any adjoining residential property (although water tanks already adjoin residential property all over town). Nowhere in the conditional use process spelled out in the Unified Development Code can the vital importance of a municipal facility be taken into consideration. As you know an appeal of a denied conditional use request requires the approval of both alderman from the ward, plus a third. Thus, a single alderman could block the construction of a vital municipal facility even if all seven other aldermen believed the vital municipal facility should and must be built. This could be true even if the facility was being funded by a sales tax bond issue explicitly supported by Fayetteville voters in an election. Even the mayor has no such veto power. To keep such a problem from ever occurring, this UDC amendment would also allow the City Council to approve the construction of a vital city facility directly (without Planning Commission approval). A public hearing is required before the vote, and I have proposed a requirement of a two-thirds majority (six affirmative votes) rather than a simply majority for passage. You could amend this to a simple majority if you felt a "super majority" was not necessary for this decision. This amendment to the Unified Development Code is necessary for the City Council to be able to consider the site on Lot 7 (Lovers Lane, LLC's parcel). This site would need a lot split and development approval whereas Lot 22 of Highland Park is already a separate lot and was approved by the Planning Commission in 1974 as a water tower site. Thus, to keep your options open to consider what you determine is the more desirable location for the Highland Park water tank, you would need to pass this ordinance with an emergency clause so that it would be effective when you determine what you want to do about the water tank issue. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 164: SUPPLEMENTARY ZONING REGULATION BY ENACTING A NEW §164.20 APPROVAL OF VITAL MUNICIPAL FACILITY AND TO APPROVE AN EMERGENCY CLAUSE WHEREAS, the approval and financing for vital municipal facilities such as water storage facilities, water and sewer pump stations, fire stations, police stations or substations should be made at the highest level of city government, the City Council; and WHEREAS, because of their unique requirements, some of these vital municipal facilities may sometimes need to be located within a new lot when a normal lot split would not be allowed; and WHEREAS, the City Council should have the lawful authority after a public hearing to authorize a lot split or lot line adjustment and the construction of such vital municipal facility. 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 Chapter 164: Supplementary Zoning Regulations by enacting a new §164.21 Approval of Vital Municipal Facilities as shown below: "164.21 Approval of Vital Municipal Facilities "Regardless of any other provision within the Unified Development Code, the City Council after a public hearing and by a two-thirds majority vote may approve a Lot Split, Lot Line Adjustment or other appropriate development action and authorize the construction of a vital municipal facility including,but not limited to: a water storage tank, water or sewer pump station, water or sewer pipelines, fire station, police station,public communications facility and all accessory structures needed for such facilities." Section 2: Emergency Clause. That the City Council of the City of Fayetteville, .Arkansas hereby determines that vital municipal facilities including water towers, water and sewage pump stations and other vital facilities currently require lot splits and conditional use permits that would be difficult to approve under current UDC regulations and that a water tower is currently needed to be approved for construction to protect the public health and safety of many Fayetteville citizens. Therefore, in order to give the City Council the authority to approve construction of this vital city facility without dangerous delay, the City Council hereby determines that an emergency exists and that in order to protect the peace, safety and health of its citizens, this authorizing section of the Unified Development Code should and shall become effective immediately. PASSED and APPROVED this 16th day of June, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer c��YfG IIGVV J1 r\IL VYFFIIQI11.7 — IFIL lalU. VI.lUQIGJ LVVCI. \,11 I a1�. v ��- Aj r I - Fayetteville Code of Ordinances (2) Included uses (D) Unit G. Cultural and recrea8bnal fadliBes Public and private facilities; -Antique shop (1) Desalp8on. Unit 4 consists of cultural and •Airport,flying fields and recreational uses to serve the residents of heliport the community. :Bed and breakfast facilifles` Campground (2) Included uses -Plant nursery RV sewage disposal facility t -Solid waste disposal facility I Auditorium,stadium T 'Water recreation area Art gallery, museum enporary facilities: •Carnival,arcus,and tent Cemetery revival" Child care center, ,Construction facility •Real estate sales office nursery school (located ata specific Church location inan College or university underdeveloped subdivision Community center and operated for the Crematorium Purpose afdevelopirg said Domino subdivision) I *Sanitary landfill area I Eldercare Ho ital (C) Unit 3. Public protection and utflify fadlifies Mausoleum Playfield, playground (1) De=100n. Unit 3 consists primarily of Private dub or lodge public protection and utility equipment which; School: -Elementary -Junior High (a) Is ordinarily not located in the street -Senior High right-of--way and can be significantly Swimmtn col objedionable to nearby residential, Tennis court commercial, and light industrial uses; Theater(legitimate) (b) Have requirements for specific locations Cross-reference(s)--Parking and Loading, Ch.172. or are needed to serve residential neighborhood or local areas; and (E) Unit 5. Government facilifies. (c) Are,therefore, permitted only on review. (1) Descrip8on_ Unit 5 consists of the main (2) Included uses facilities ofgovernment agencies. {2} Included uses 1 ?OP j 1A 611A Facilities of Public Service -Electric regulating station I1/ Corporations: -Pressure control station Ci or coup 'ail •Transmission station for Courts of law tower,radio,telegraph, tel hone, evis' Fire station C and protective ay t BaconGovernmental a encies and offices facilities: -Public utility rrmintenance Libre I 1 _ t,� building,warehouse, or {� storage building Police station - �I -Water pipeline rights-of- Post office , way,sewer or water Detention Home r �� L+�+►/V� treatment plant,water L/*' storage facility (F). Unit 6. Agriculture. r� Railroad rights-of-way (1) Deslxipffon. Unit 6 consists of agricultural CorrnllniC8tion5 and utility uses and services and certain other uses transmission line rights-of- suitable for location near, but not in, a � way residential district So 1r 12A tin, At b-'