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HomeMy WebLinkAboutOrdinance 5570 ORDINANCE NO. 5570 AN ORDINANCE AMENDING SUBSECTION 166.04(1)(ii)(f) OF CHAPTER 166 DEVELOPMENT OF THE UNIFIED DEVELOPMENT CODE TO CHANGE THE DEDICATION RATIOS RELATED TO PARKLAND DEDICATIONS 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 Subsection 166.04(1)(ii)(f) of Chapter 166 Development of the Unified Development Code so that, after amendment, the subsection shall read as follows: 'T Dedication ratios. Land shall be dedicated at a ratio of .023 acres of land for each single-family dwelling unit and .014 acres of land for each multi-family dwelling unit." PASSED and APPROVED this 5th day of March, 2013. APPROVED: ATTEST: I Y: Y� -- r N LD J , Mayor SONDRA E. SMITH, City Clerk/Treasurer Op rF• E. � City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/5!2013 City Council Meeting Date Agenda Items Only Alison Jumper AA Park Planning Parks and Recreation Submltfdd By Division Department Action Requfred: Approval of an ordinance amending Chapter 166.04(1)(ji)(f)Dedication Ratios. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 4 1 • rzy. Previous Ordinance or Resolution# 5523 Depa t Dir r Date Q Original Contract Date: Original Contract Number: orney Date q, 2,-9-2-013 Finance and Internal Services Director Date Received in-City — Clerk's Office i Chief of St Date Etk RSD Received in r. Mayor's Office ayo � D to Comments: Revised January 15,2009 Tav�e r;li THE CITY OF FAYETTEVILLE,ARKANSAS ql� DEPARTMENT CORRESPONDENCE ARiSUl CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan, City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director fw• From: Alison Jumper, Park Planning Superintendent Date: February 7, 2013 Subject: Park Land Dedication Ordinance Update PROPOSAL: Chapter 166.04 (1)(ii)(g)of the Unified Development Code (UDC)requires the Parks Department to review the park land dedication contribution formula every two years and make recommendations to the City Council. The last update occurred in September 2012. Both the persons per unit and cost per acre were reviewed. The cost per acre was approved to remain the same, and the persons per unit value was approved to be updated to reflect the 2012 Census data, however, that update was left out of the resolution. Section 166.04 (I)(ii)(f) Dedication Ratios should be updated to reflect the 2010 census data and data from the Northwest Arkansas Regional Planning Commission as shown below. Current Park Land Dedication Formula Housing Type Persons/Unit Acres/1,000 Pop. Acres/Unit Cost/Acre Fee in lieu/unit Single Family 2.39 10 0.024 $40,000 $920 E - I Multi-Family 1.7 10 0.017 $40,000 $560 Proposed Park Land Dedication Formula Housing Type Persons/Unit Acres/1,000 Pop. Acres/Unit Cost/Acre Fee in lieulunit Single Family 2.32 10 0.023 $40,000 $920 Multi-Family 1.39 10 0.014 $40,000 $560 RECOMMENDATION: Staff recommends updating the persons per unit figure as provided by Northwest Arkansas Planning Commission from 2.39 for Single Family and 1.7 for Multi-family to 2.32 for Single Family and 1.39 for Multi-family. See proposed chart below. Park Staff will review the cost of land again in 2014. THE CITY OF FAYETrEVILLE,ARKANSAS BUDGET IMPACT: None. Attachments: Staff Review Form Ordinance 5523 Excerpt from Chapter 166 UDC 2 ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION 166.04(1)(ii)(f) OF CHAPTER 166 DEVELOPMENT OF THE UNIFIED DEVELOPMENT CODE TO CHANGE THE DEDICATION RATIOS RELATED TO PARKLAND DEDICATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends Subsection 166.04(1)(ii)(f) of Chapter 166 Development of the Unified Development Code so that, after amendment, the subsection shall read as follows: 'T Dedication ratios. Land shall be dedicated at a ratio of.023 acres of land for each single-family dwelling unit and .014 acres of land for each multi-family dwelling unit." PASSED and APPROVED this 5th day of March, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Fayetteville Code of Ordinances the developers released for recordation until Preliminary Plat, Large the deed for a land dedication Scale Development, or is received. Deeded land is Large Site Improvement dedicated public park land and Plan prior to plat or plan not subject to any right of approval. reversion or refund. A cash contribution In lieu of required f, DedlasOn-_AAM U.0 land development shall be Mill'•al it r r$ payable before the city signing '. ratiacgl)'::t)2�'s d the Final Plat, or issuance of f4f - }•` _-i lya building permits for a Large Scale Development or Large c� land; oaf:.` :CIt .tpti- Site Improvement Plan. With fam(ry' ilvelltg`uitf the approval of the Planning Commission a developer may g. Fee-in-lieu formulas. A pay such contribution in three contribution in lieu of land equal installments to be paid in dedication shall be made full within one year of Final Plat according to the following approval. If a developer makes formula: a cash contribution in lieu of land dedication, the developer $920.00 for each single- shall be entitled to a pro rate family unit refund, together with the accrued Interest therefrom, in $560.00 for each multi- the event actual density Is less family unit based upon than the density used as the actual density. basis for the developer's contribution; provided, no The Parks Department refund shall be made unless shall review the application therefore is made in contribution formula every writing to the Zoning and two (2) years and make Development Administrator recommendations to the within one year from the date City Council following such of Final Plat approval. In the review. event actual density Is more than the density used as the h. Dedication in excess. If a basis for a dedication of land or developer wishes to case contribution the developer dedicate park land which must make an additional land exceeds the requirement dedication or contribution in of this subsection, the lieu of dedication. developer shall make a written request to the (Iv) Zoning Requirements. Lots Planning Commission who created for the purpose of park may grant the developer a land dedication shall not be credit equivalent to said required to meet the standards excess. Said credit shall for lot size, bulk and area be applied toward the within any zoning district. Lots developer's obligation created for the purpose of park under this subsection for land dedication to serve the any subsequent residents of the surrounding development located in the area shall not be subject to same park quadrant. POA/HOA dues or other fees established for maintenance or (iii) Timing of dedication and/or other purposes within the contribution. All dedications of neighborhood. land must be made before the city signs the final plat, or (V) Fee-in-lieu allocation. All issuance of building permits for money received under this a Large Scale Development or subsection shall be deposited Large Site Improvement Plan. in an interest bearing account. A Final Plat shall not be Said'money together with the CD166:22 ORDINANCE NO.5523 AN ORDINANCE AMENDING SUBSECTION 166.04(1)(ii)(g) OF CHAPTER 166 DEVELOPMENT OF THE UNIFIED DEVELOPMENT CODE TO CHANGE THE FEE-IN-LIEU FORMULAS RELATED TO PARKLAND DEDICATIONS 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 Subsection 166.04(1)(ii)(g) of Chapter 166 Development of the Unified Development Code so that, after amendment,the subsection shall read as follows: "g. Fee-in-lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $920.00 for each single-family unit $560.00 for each multi-family unit based upon actual density. The Parks Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review." PASSED and APPROVED this day of September,2012. APPROVED: ATTEST: By: By: O ELII d ,Mayor SONDRA E.SMITH,City C1erkIT $a►■►► I T r .���• tel..• .�� ��•• FAYETTEVILLE;� 11111100%of ��'�j� RECEIVED MAR 2 8 2013 Crr ITY OF FAYETTEVILLE NORTHWEST ARKANSAS DEMOCRAT-GAZET41TY CLERK'S OFFICE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWSPMJLJ16 NORTHWEST ARKANSAS TIMES LLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance No. 5570 Was inserted in the regular edition of Northwest Arkansas Times on: March 21, 2013 Publication Costs: 64.85 y ax. a OI#DINAN,C�N 5,570 AN ORDINANCE AMENDIIGlBECTION �^ r 04(�(ii)(f)OFCHAPTF I66DEALOPMENT dF THE UNIFIED DE1)ELPME'NCODE TO CHAN,WETt�E DEDICATION RATIOS � AeKnNsns Karen Caler FELATED iOP�RKIA1p DEDICATIONS BES IT ORDAINED BYTlE 011 YOUNCIL OF TH +r�IT�OF L ENI LE ARKANSAS ` ' Subscribed and sworn to before me Seeton 1 'fha) 1�e GCuncil ofth�C1ty of Fade#e Ie �lYkat�sas hereby mends Sutiseetlon iS6 04 I ii of Cha ter 166 D e)o me This .�7 day of'A /y� , 2013. )(+ p �0 p una uofiad` t/vt geyelopment Code soat�a`$t after amendmOnt the subsectjon shall read ash follOvs .r r i , `B Do _ f. ;Detllcation ratios Land shall be dedicatetl ata ratio of 023acts of(ands fo"r each single family tlwelling uhl}And 014}acres of land for,each multi family cSvelJng urnt PAS$ED'and APPROVED th"1s 5th day of March 207`3 "� �x Notary Public APeovEb ATTEST�,z � My Commission Expires: Z( �} r La©NELDOIDAN M yor SO�IbRAEXSAltl7tlGityC(ek/Treasuer ' CAVI` v Jl i **Do Not Pay from Affidavit** Br ,'Igicol inty (Vly l.c frl�hSlt�'t LY.n; :;° ` ' **Invoice will be sent**