HomeMy WebLinkAboutORDINANCE 5920113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5920
File Number: 2016-0449
AMEND § 157.03 AND § 157.04:
AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO
INCLUDE PLANNED ZONING DISTRICTS AND TO REPLACE § 157.04 WITH A NEW
NOTIFICATION REQUIREMENT IF AN INDEFINITELY TABLED REZONING ORDINANCE IS
REMOVED FROM THE TABLE.
WHEREAS, the notification requirements of a Planned Zoning District had separate and slightly increased
notification requirements in § 157.04 because of its former development approval rights; and
WHEREAS, Planned Zoning Districts are now only zoning amendments and should be handled
as all other rezoning applications in § 157.03.
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 in its entirety §
157.04 Planned Zoning District and amends § 157.03 Annexation and Zoning Map Amendments by
changing its introductory language to read as:
"Notification of public hearings for annexation petitions and zoning map amendments (including Planned
Zoning Districts) shall occur as follows:"
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts a replacement § 157.04
as follows:
"§ 157.04 Indefinitely tabled rezoning ordinance.
If the City Council removes from the table any indefinitely tabled rezoning ordinance, the City Council
Page 1 Printed on 10119116
Ordinance: 5920
File Number- 2016-0449
may not pass this ordinance at that meeting. The applicant shall be required to repost the Planning
Department's notice signs within six (6) days of the removal of the item from the table and at least seven
(7) days before the City Council Meeting when the rezoning ordinance will again be considered."
PASSED and APPROVED on 10/18/2016
Page 2
Attest:
" ��-• rtx.G-
Sondra E. Smith, City Clerk Treas'j{
" 3= FAYETTEVI1.L1.
Printed on 10119116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
^� (479) 575-8323
- Text File
File Number: 2016-0449
Agenda Date: 10/18/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
AMEND § 157.03 AND § 157.04:
AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS
TO INCLUDE PLANNED ZONING DISTRICTS AND TO REPLACE § 157.04 WITH A NEW
NOTIFICATION REQUIREMENT IF AN INDEFINITELY TABLED REZONING ORDINANCE IS
REMOVED FROM THE TABLE
WHEREAS, the notification requirements of a Planned Zoning District had separate and slightly
increased notification requirements in § 157.04 because of its former development approval rights; and
WHEREAS, Planned Zoning Districts are now only zoning amendments and should be handled as all
other rezoning applications in § 157.03.
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 in its entirety §
157.04 Planned Zoning District and amends § 157.03 Annexation and Zoning Map Amendments by
changing its introductory language to read as:
"Notification of public hearings for annexation petitions and zoning map amendments (including
Planned Zoning Districts) shall occur as follows:"
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts a replacement §
157.04 as follows:
"§ 157.04 Indefinitely tabled rezoning ordinance.
If the City Council removes from the table any indefinitely tabled rezoning ordinance, the City Council
may not pass this ordinance at that meeting. The applicant shall be required to repost the Planning
Department's notice signs within six (6) days of the removal of the item from the table and at least
seven (7) days before the City Council Meeting when the rezoning ordinance will again be considered."
City of Fayetteville, Arkansas Page 1 Printed on 1011912016
Legistar ID No -
AGENDA REQUEST FORM
FOR: Council Meeting of October 18, 2016
FROM:
City Council Member Alan Long
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
2016-0449
AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP
AMENDMENTS TO INCLUDE PLANNED ZONING DISTRICTS AND TO
REPLACE § 157.04 WITH A NEW NOTIFICATION REQUIREMENT IF AN
INDEFINITELY TABLED REZONING ORDINANCE IS REMOVED FROM THE
TABLE
APPROVED FOR AGENDA:
City tuber -Alan Long
City Attorney Kit Williams
(as to form)
Date
Date
Williams, Kit
From: Longward4@gmail.com <longward4@gmail.com>
Sent: Tuesday, September 13, 2016 12:27 PM
To: Williams, Kit
Subject: Re: Razorback Golf Course
Please do. Thanks!
On Sep 13, 2016, at 12:19 PM, Williams, Kit <kwilliams fa etteville-ar.P0v_> wrote:
Alan,
Both Planning and my office do not think a new notice requirement is needed if a rezoning is removed from the
table and under consideration again. However, you have the right to make your proposal, and I will draft such ordinance
change if that is your wish.
Kit Williams
Fayetteville City Attorney
479.575.8313
<image001.jpg> <image002.png>
From: Garner, Andrew
Sent: Tuesday, September 13, 2016 10:25 AM
To: Williams, Kit<Icwilliarns@fayetteville-ar.gov>
Cc: Pate, Jeremy <{pate@fayettev_ille-ar.gav>
Subject: RE: Razorback Golf Course
I personally don't think it's a problem that needs to be addressed. The public are notified for the Planning Commission
meetings and typically comment at planning commission and track the project through to council where their input is
considered. I would hope the council would continue to consider public comments and concerns expressed at planning
commission and that the public don't feel like they have to attend any and all meetings and continue to repeat their
concerns when an item is brought off the table. It might be difficult for the city to enforce this requirement as some
member of city staff will just have to remember that when a rezoning that has been tabled indefinitely, public
notification needs to be completed again by law. If we forget that a sign needs to go up in this unique situation, and a
rezoning is approved it could put the city in difficult legal position. I would recommend that in a unique case like
Razorback Golf Course the council or staff simply require that additional notification be completed on an as -needed
basis. However, if council feels like this topic needs to be codified we can make it work.
From: Williams, Kit
Sent: Monday, September 12, 2016 10:21 PM
To: Garner, Andrew; Lonyward4Vgrfrailscorn
Cc: Marr, Don; Smith, Sondra; Pennington, Blake; Pate, Jeremy
Subject: RE: Razorback Golf Course
Thanks. What do you think about Alderman Long's renotification (by signs only) for rezonings which have been
indefinitely tabled and then taken from the table?
Kit Williams
Fayetteville City Attorney
479.575,8313
<image001.jpg> <image002.png>
From: Garner, Andrew
Sent: Monday, September 12, 2016 8:18 PM
To: Williams, Kit <Icwilliams@favetteville-ar.gov>; Longwarc140gmail.com <longward4 _ ,gmail.com>
Cc: Marr, Don <dmarrC+fayetteville-ar..ov>; Smith, Sondra <ssmith@favetteville-ar_eov>; Pennington, Blake
<b err�nin ton,@favetteville-ar.ggv>; Pate, Jeremy <>
Subject: RE: Razorback Golf Course
Kit,
I would agree that the notification for a PZD could be the same as a rezoning. I would recommend that we delete 157.04
and add a clarification to 157.03 (see underlined below) that a zoning map amendment include Planned Zoning
Districts.
157.03 - Annexation And Zoning Map Amendments
Notification of public hearings for annexation petitions and zoning map amendments (including Planned Zoning Districts
shall occur as follows:
Thanks,
Andrew
From: Williams, Kit
Sent: Monday, September 12, 2016 2:18 PM
To:.Lonp,Ward4_@gmaii.com <I_ongward4@gmail.corn>; Garner, Andrew <agarner@fayetteville-ar.9ov>
Cc: Marr, Don <dmarr@favetteville-ar.gov>; Smith, Sondra <ssmith@favetteville-ar.gov>; Pennington, Blake
<bpennington@favetteville-ar.gov>; Pate, Jeremy <joate@favetteville-ar. ov>
Subject: RE: Razorback Golf Course
Jeremy and Andrew,
It appears that Alderman Long may wish to require partial notice when an indefinitely tabled rezoning issue is
removed from the table. This requirement could be placed as a substitute for the current §157.04 Planned Zoning
District which does not appear to still be necessary as PZD's are now only rezoning issues that whose notice
requirements would be set by §157.03 Annexation and Zoning Map Amendments unless you believe we need to retain
the 100 feet beyond the perimeter of a PZD which no longer authorizes actual development rights.
Alderman Long may wish to require an applicant with an untabled rezoning to reinstall rezoning signs at least 7
days before the City Council meeting. Do you wish to replace §157.04 or propose a new §157.12 ?
Kit Williams
Fayetteville City Attorney
479.575.8313
<image003.jpg> <image004.png>
From: Longward4@gmail.com [rriailto:longward4@gmaif.com]
Sent: Monday, September 12, 2016 1:08 PM
To: Williams, Kit <kwilliams@favetteville-ar.gov>
Cc: Marr, Don <dmarr@favetteville-ar.ertw>; Smith, Sondra <ssmith fa ettev!!ie-ar. ov>; Pennington, Blake
<bpennington@favetteville-ar.gov>; Pate, Jeremy <ipate@favetteville-ar.gov>
Subject: Re: Razorback Golf Course
Hi Kit,
Thank you for the thorough reply. I certainly do not want to tie the hands of future councils.
What I am proposing is that a notification be required after a rezoning item is removed from the table. I would not
want to require that notification go out in order for something being removed from the table, only a requirement for
after a rezoning item is brought back to the agenda.
I think that this is a good example of a potential rezoning where many neighbors in the area will have no idea that it is
being discussed, primarily because many people do not follow Facebook or other methods that we council members use
to update constituents.
Is there a way to draft language to address the issue that I have pointed out so that more of the public will be aware of
this and future rezoning requests? I am only suggesting a sign requirement to be posted on corresponding property that
is up for a potential rezoning.
I think this would be a great improvement in the area of citizen engagement and notification.
Thank you again,
Alan
On Sep 12, 2016, at 9:33 AM, Williams, Kit <kwilliars@fayetteville-ar.gov> wrote:
Alan,
The City does not notify the neighbors for a rezoning request; it requires the land owner/applicant to
notify by mail and signs and to certify such notification has been accom plished.
Removing some item (not always a rezoning application) from the table can happen at any time during
a City Council meeting with no notice to other members of the City Council, public, etc. It would certainly be in violation
of Roberts Rules of Order and other parliamentary guides to try to demand public notification as a requirement before a
Motion to Remove from the Table could be made. It is best to rely upon the wisdom, common sense, and judgment of
the City Council about what should occur if an indefinitely tabled item is removed from the table.
The City Council handled the removal from the table of the Razorback Golf course rezoning properly,
and I would expect such careful and correct procedure to be followed in the future. We should not try to ty the hands of
future City Councils with onerous procedural rules restricting how an indefinitely tabled measure can be removed from
the table so that the City Council can consider its merits.
However, you and any City Council member can propose ANY change or addition to the City Council
Rules of Order and Procedure that you want to. If you want to propose such change, draft the change in your own
words, and we will submit it exactly as you request pursuant to your authority as an Agenda Item.
Kit Williams
Fayetteville City Attorney
479.575.8313
<image001.jpg> <image002.png>
From: Alderman Long
Sent: Friday, September 09, 2016 2:08 PM
To: Williams, Kit <kwilliams@favetteville-ar.gov>
Subject: Fwd: Razorback Golf Course
Kit,
Can we add something to our notification requirements that states that if a rezoning is brought off of the table, that we
will follow standard notification requirements for other rezonings?
Sincerely,
Alan T Long
City Council Member -Ward 4
City of Fayetteville, AR
Longward4@p,mail.com
www.longward4.com
Follow my Facebook page for Ward 4 announcements and updates:
facebookxom/longward4
Begin forwarded message:
From: "Pate, Jeremy" <Opate fayetteville-ar.g-ov>
Date: September 9, 2016 at 1:50:17 PM CDT
To: "Longward4@gmail.com " <longward4@Rmail.com>, "La Tour, John" cuvard4 post _ Fayetteville-ar.gov>
Cc: "Marr, Don" <dmarr@fayetteville-ar.go.r>
Subject: Razorback Golf Course
Good afternoon, gentlemen.
I was looking through my notes from last Tuesday's City Council meeting and noted there was a discussion about
notifying neighborhoods that this rezoning has been reintroduced and will be discussed at the next City Council meeting
on September 20. Because the City Clerk's office does not send out public notifications and there is no legal requirement
for the applicant to do so at this point, I would like to ask if you would both send out a brief note to your neighborhood
contacts/list-servs that have been involved in this discussion to let them know that the rezoning to Neighborhood
Conservation and Neighborhood Services is back on the table for discussion, a Bill of Assurance has been formally
submitted for consideration (that can be found in your agenda packet that the City Clerk sent out yesterday), and the
date and time of the meeting, which is September 20 at 5:30 pm. We will also look through our email contact lists and
notify those with whom we've come into contact and know are interested in the project as well.
Please let me know if you have any questions, and have a great weekend.
-Jeremy
Jeremy Pate
Development Services Director
City of Fayetteville, Arkansas
T: 479.575,8265
Website I Facebook I Twitter I lnstagram I YouTube
157.02 FAYETTEVILLE CODE OF ORDINANCES
TITLE XV UNIFIED DEVELOPMENT CODE
(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.
(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 appli-
cation.
(Code 1965, App_ C., Art. IV, §1; App. A., Arts. 5, 5(IIA), 8(12), 12(1); App. C., Art. V, §F; Ord. No.
1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord, No. 1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No.
2538, 7-3-79; Ord. No. 2582, 12-4-79; Ord, No. 2603, 2-19-80; Ord. No. 2633, 5-20-80; Ord. No
2710, 3-24-81; Ord. No. 2779, 11-17-81; Ord. No. 2980, 2-7-84; Ord. No. 3128, 10-1-85:Ord. No
1747, 6-29-70; Code 1991, §§159.54, 159.68, 160.032, 160.035, 160.121(L), (M), 160 156; Ord No.
2716, §1, 6-15-93; Ord. No. 3925, §§6, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No,
5183, 10-7-08; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14)
157.03 Annexation And Zoning Map Amendments
Notification of public hearings for annexation petitions and zoning map amendments shall occur as
follows:
(A) Public Hearing Required. Upon receipt of a petition for an annexation or an amendment to the
zoning map, the Planning Commission shall hold a public hearing on the proposed amend-
ment.
(B) Notice of Public Hearing. The applicant shall provide the following notice:
(1) Who Gets Notice. Notice of the proposed annexation or zoning map amendment 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 fifteen (15) days prior to
Planning Commission. Proof of notice shall be provided as required by this chapter
CD157:4
FAYETTEVILLE CODE OF ORDINANCES 157.04
TITLE XV UNIFIED DEVELOPMENT CODE
(b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to
Planning Commission. Proof of notice shall be provided as required by this chapter,
(c) Published Notice. Notice of public hearing shall be given by the city by publishing a
notice in a newspaper of general circulation in the city, at least one time, at least
fifteen (15) days prior to Planning Commission.
(Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991,
§160A56; Ord. No. 3716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord_ No. 4100, §2 (Ex. A),
6-16-98; Ord. No. 5183, 10-7-08)
157.04 Planned Zoning District
Notification of public hearings for planned zoning district applications shall occur as follows:
(A) Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision
Committee and the Planning Commission at which the Planned Zoning District is to be
considered, or as set forth in the procedures of the Planned Zoning District ordinance.
(B) Notice of Public Hearing. The applicant shall provide the following notice:
(1) Who Gets Notice. Notice of the proposed PZD shall be given by the applicant to all
landowners within 100 feet of the perimeter of a PZD.
(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.
(c) Published Notice. Notice of public hearing shall be given by the city by publishing a
notice in a newspaper of general circulation in the city, at least one time, at least
fifteen (15) days prior to Planning Commission
(C) Planned Zoning District applications that are not considered at the Subdivision Committee are
not required to provide notice for that meeting.
(D) Amendments. Amendments to a Planned Zoning District or portion of a Planned Zoning District
that require Planning Commission and/or City Council approval shall follow the notification
requirements as set forth above.
(Code 1965, App. A_, Art. 7(10), (20); Ord_ No. 1747, 6-29-70; Ord. No. 1880, 8-15-72; Ord. No. 2486,
11-21-78; Ord. No. 2605, 2-19-80; Code 1991, §§160.085, 160.090, 160.095, 160.096; Ord. No.
3716, §3, 6-15-93; Ord. No. 3780, §1, 4-19-94; Ord, No. 4100, § 2 (Ex. A), 6-16-98; Ord. No. 4178,
8-31-99; Ord. No, 5183, 10-7-08; Ord. No. 5654, 01-21-14)
CID 157:5
AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5920
Was inserted in the Regular Edition on:
October 27, 2016
CPublication Charges: $ 115.70
C_C_L2_A,__
Karen Caler
Subscribed and sworn to before me
This { day of -A,}✓ , 2016.
L,W,
VV�
Notary Public
My Commission Expires: Z, Z� JZ,Pq
CAT HY WILES
Arkansas - Benton County
Notary Public - Comm r 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
NOV 012016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 5920
File Number: 2016-0449
AMEND § 157.03 AND § 157.04:
AN ORDINANCE TO AMEND § 157.03
ANNEXATION AND ZONING MAP
AMENDMENTS TO INCLUDE
PLANNED ZONING DISTRICTS AND
TO REPLACE § 157.04 WITH A NEW
NOTIFICATION REQUIREMENT IF
AN INDEFINITELY TABLED
REZONING ORDINANCE IS
REMOVED FROM THE TABLE.
WHEREAS, the notification requirements
of a Planned Zoning District had separate
and slightly increased notification
requirements in § 157.04 because of its
former development approval rights; and
WHEREAS, Planned Zoning Districts
are now only zoning amendments and
should be handled as all other rezoning
applications in § 157.03.
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 in its entirety § 157.04 Planned
Zoning District and amends § 157.03
Annexation and Zoning Map
Amendments by changing its introductory
language to read as:
"Notification of public hearings for
annexation petitions and zoning map
amendments (including Planned Zoning
Districts) shall occur as follows:"
Section 2. That the City Council of the
City of Fayetteville, Arkansas hereby
enacts a replacement § 157.04 as follows:
"§ 157.04 Indefinitely tabled rezoning
ordinance.
If the City Council removes from the table
any indefinitely tabled rezoning
ordinance, the City Council may not pass
this ordinance at that meeting. The
applicant shall be required to repost the
Planning Department's notice signs within
six (6) days of the removal of the item
from the table and at least seven (7) days
before the City Council Meeting when the
rezoning ordinance will again be
considered."
PASSED and APPROVED on 10/18/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73902589 Oct. 27, 2016
