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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