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Home My WebLink AboutORDINANCE 6054113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6054 File Number: 2018-0153 AMEND § 154.03 PRIVATE PARTIES/ZONING AMENDMENT (A) PETITION: AN ORDINANCE TO AMEND § 154.03 PRIVATE PARTIES/ZONING AMENDMENT (A) PETITION WHEREAS, the Planning Department, Planning Commission, City Council and neighbors would benefit by receiving more information from a rezoning applicant than is currently required by § 154.03 Private Parties/Zoning Amendment. 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 (A) Petition of § 154.03 Private Parties/Zoning Amendment in its entirety and enacts a replacement (A) Application as follows: "(A) Application. A landowner or authorized agent/representative may apply for a rezoning of the landowner's property by completing, signing and submitting the Planning Department's Rezoning Application with all required documentary attachments, paying the rezoning application fee and providing at least the following information (as well as all information required by the Rezoning Application): (1) The full name and address of the property owner and any designated agent or representative. (2) The legal description of the property requested to be rezoned and the proposed new zoning district(s). (3) A statement explaining the compatibility of this proposed rezoning with neighboring property and explaining why the proposed rezoning will not unreasonably adversely affect or conflict with surrounding land uses. Page 1 Printed on 3121118 Ordinance: 6054 Ek M=er 018-010 Prior to the Planning Commission's consideration of the rezoning request, the applicant must furnish the Planning Department a signed Certificate of Mailing to notify all adjacent property owners of this requested rezoning pursuant to § 157.03." PASSED and APPROVED on 3/20/2018 Approved: Attest: Lio( d Jordan, M Sondra E. Smith, City Clerk Treasurer ��,t�irtitrrrlrrr�� ♦�`��Z�`^�°I REI. w �f'�a.,`�{pfd C;1 ti�`�yt�•yl. rfit:�iititl'�i Page 2 Printed on 3121118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0153 Agenda Date: 3/20/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 AMEND § 154.03 PRIVATE PARTIES/ZONING AMENDMENT (A) PETITION: AN ORDINANCE TO AMEND § 154.03 PRIVATE PARTIES/ZONING AMENDMENT (A) PETITION WHEREAS, the Planning Department, Planning Commission, City Council and neighbors would benefit by receiving more information from a rezoning applicant than is currently required by § 154.03 Private Parties/Zoning Amendment. 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 (A) Petition of § 154.03 Private Parties/Zoning Amendment in its entirety and enacts a replacement (A) Application as follows: "(A) Application. A landowner or authorized agent/representative may apply for a rezoning of the landowner's property by completing, signing and submitting the Planning Department's Rezoning Application with all required documentary attachments, paying the rezoning application fee and providing at least the following information (as well as all information required by the Rezoning Application): (1) The full name and address of the property owner and any designated agent or representative. (2) The legal description of the property requested to be rezoned and the proposed new zoning district(s). (3) A statement explaining the compatibility of this proposed rezoning with neighboring property and explaining why the proposed rezoning will not unreasonably adversely affect or conflict with surrounding land uses. Prior to the Planning Commission's consideration of the rezoning request, the applicant must furnish the Planning Department a signed Certificate of Mailing to notify all adjacent property owners of this requested rezoning pursuant to § 157.03." City of Fayetteville, Arkansas Page 1 Printed on 312112018 City of Fayetteville Staff Review Form 2018-0153 Legistar File ID 3/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Kit Williams 3/5/2018 CITY ATTORNEY (021) Submitted By Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO AMEND § 154.03 Private Parties/Zoning Amendment (A) Petition Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: IN OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Kit Williams, City Attorney DATE: March 1, 2018 RE: Amendment of § 154.03 Private Parties/Zoning Amendment (A) Petition Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal The current U.D.C. § 154.03 Private Parties/Zoning Amendment (A) relates all the way back to Ordinance No. 1747 of June 29, 1970 when the Official Zoning Map of Fayetteville was formally adopted as well as all zoning districts, use units, development requirements, etc. The language in Article 12 Amendments 1. B) of this "COMPREHENSIVE ORDINANCE REGULATING AND RESTRICTING IN USE OF LAND... " is almost identical to the current § 154.03 (A). I have provided a few pages of this historic ordinance for your convenience. Almost a half century later, I believe we need to change this U.D.C. code section to better ensure the Planning Department, Planning Commission, City Council and neighboring citizens receive more complete and relevant information from a rezoning applicant. I thus have drafted a proposed amendment which maintains the currently required information, but adds significantly more required information to help the Planning Department and Planning Commission better advise the City Council about a rezoning request. 154.03 FAYETTEVILLE CODE OF ORDINANCES TITLE XV UNIFIED DEVELOPMENT CODE 154.03 Private Parties/Zoning Amendment (A) Petition. Any private party or parties desiring an amendment to Chapter 160, upon payment of the appropriate fee, shall submit to the Planning Commission a petition giving the following information: (1) Legal description of the property involved; (2) Zoning classification request for the property; and, (3) Statement explaining why the proposed changes will not conflict with the surrounding land uses. (B) Action by Planning Commission. (1) The Planning Commission may forward the rezoning request as submitted or amended by the Planning Commission to the City Council with a recommendation of approval. (2) The Planning Commission may disapprove the rezoning request so that the rezoning request will not be considered by the City Council unless the applicant properly appeals. (C) Action by the City Council. (1) The City Council may by majority vote approve and enact the rezoning ordinance as recommended by the Planning Commission or as requested by the applicant who has properly appealed the Planning Commission's denial of the requested rezoning. (2) The City Council may amend the proposed rezoning request and approve such amended rezoning ordinance by majority vote. (3) The City Council may refuse to approve the rezoning request which is thereby denied. (4) The City Council can by motion return the proposed rezoning to the Planning Commis- sion for further study and recommendation. (D) Re -petitions for amendment. No application for zoning amendments will be considered by the Planning Commission within twelve (12) months from the date of final disapproval of a proposed amendment unless there is evidence submitted to the Planning Commission which justifies reconsideration. (E) Withdrawal. (1) Before publication. A petition for amendment may be withdrawn at any time before publication of the notice and posting signs for the public hearing. (2) After publication and posting of notice. After the publication and posting of notice, the petition may be withdrawn at the discretion of the Planning Commission. If the petition is permitted to be withdrawn after the public hearing, it shall be in the Planning Commis- sion's discretion whether or not a petition affecting part or all of the same property may be refiled sooner than one (1) year from the date of withdrawal. (Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5521 9-4-12) CD154:2 v ORDINANCE NO.42-Y7 A COMPREHENSIVE ORDINANCE REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCA- TION OF BUILDINGS AND STRUCTURES; REGULATING THE BULK OF BUILDINGS AND STRUCTURES AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER PLACES SUR- ROUNDING THEM; REGULATING AND RESTRICTING THE DENSITY OF USE; DIVIDING THE CITY OF FAYETTEVILLE INTO DISTRICTS FOR SUCH PURPOSES; ADOPTING AN OFFICIAL ZONING MAP OF SAID CITY SHOWING BOUNDARIES AND THE CLASSIFICATION OF SUCH •DISTRICTS;;,ESTAB-� LISHING A BOARD OF ADJUSTMENT; AND PRESC}IBING PENALTIES FOR THE,VIOLATION OF ITS PROVISIONS. r rC 0,13 Q o r — x c"r1 c-_ r 1 " rn tn C") rn r~ to C3 Lm Gn DEED 785 PAGE364 El 0 84 considering -and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and (2) establishing a schedule of fees and charges as stated in Article 11. ARTICLE 11. SCHEDULE OF FEES, CHARGES AND EXPENSES. The'City Board.of Directors shall by ordinance establish a schedule of -fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the Planning Administrator.and.may be altered or amended only by the.,.City Board of Directors. Until all applicable fees, Gharge$,and expenses have been paid in full,, no action shall „be ,taken oj any application or appeal. ARTICLE.12. AMENDMENTS. The City Board of Directors may from time to time amend this ordinance. Members of the City Board of Directors or any other official or person may petition for an amendment -to the ordinance, which petition shall first be submitted to the Planning Commission for its report and recommendations. !' 1.. Amendment Procedure for Private Parties. a) Fee. Any private party or parties desiring a zoning change shall pay a fee of $25 to the City Controller to cover the costs of public notices and -related expenses. b) Petition. Any private party or parties desiring an amendment to -the ordinance, upon payment of the above fee, shall submit to the Planning Com- mission a petition giving the legal description of the property involved and the zoning caassi- fication requested for the property. The peti- tion shall also include a statement and diagram explaining why the proposed changes will not conflict with surrounding land uses. c) Public hearing. Upon receipt of a petition or an amen menta the. Planning Commission shall hold a public hearing on the proposed amendment, after: Of FO 785 PACE447 40 minimum width required by the district regulations with its inner edge parallel with the -rear lot line. Yard S ecial. A yard behind any required yard adjacent o a PuDilc street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Planning Administrator shall require a yard with minimum dimensions as generally required for a side yard o{ a rear yard in the district, determining which shall apply by - the relation of the portion of the lot on which the yard is to be -located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon. ARTICLE 18. LEGAL STATUS 1. Conflicting Ordinances Repealed. All ordinances or•parts of ordinances of the City of Fayetteville -in conflict herewith, including but ndt • limited to the following ordinances, are hereby repealed: Ordinances Nos. 1002, 1005, 1008, 1037, 1049, 1077, 1079, 1081, 1087, 1090, 1095, 1097, 1117, 1139, 1148, 1157, 1158, 1163, 1181, 1195, 1199, 1200, 1201, 1206, 1238, 1239, 1276, 1282, 1284, 1302, 1339, 1425, 1468, 1493, 15010 1540. 2. Effective Date. This Ordinance being necessary for the preservation of the public peace, health, comfort, convenience, morals, safety and welfare of the City of Fayetteville, an emergency --.is declared to exist and this Ordinance shall be in full force from the date of its -approval. PASSED AND APPROVED, this a 9 day of 1970.. Garland Melton, . , ayor ATTEST: MarYlyrf Moo , t er 97 DEED - 1 85 PAGE 460 V NORTHWEST ARKANSAS Demomt 0azefte AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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 f CITY OF FAYETTEVILLE Ord. 6054 Was inserted in the Regular Edition on: March 29, 2018 Publication Charges: $ 119.60 Cathy Wiles Subscribed and sworn to before me This Z day of 6—p :A- , 2018. l pe_L� Notary Public My Commission Expires: Z -/r2-/ Z� TAW.!Y RU9rER Notary Put iic -Arkansas YVashirgton County Ccmmissicn # 12703120 P,1, Ccmm+ss,rn Expires Feb Q. 2028 ""NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVI") Ii1c' Nnidtbcr: 2018-0153 AMEND § 154.03 PRIVATE: PAR -PIES/7.ONING AMENDMENT (A) PETITION: AN ORDINANCE TO AMEND § 154.03 PRIVATE PARTIESIZONING AMENDMENT (A) PETITION WHEREAS, ilia Planning Department, Planning Commission, City Council and neighbors would benefit by receiving more information from a rezoning applicant than is currently required by 154.03 Private Partics/l_oning Amendment. NOW, TI IEREFORE, BE IT ORDAINED BY TI IE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council ofthe City of Fayetteville, Arkansas hereby repeals (A) Petition of § 154.03 Private Paniesrloning Amendment in its entirety and enacts a replacement (A) Application as follows: "(A) Application. A landowner or authorized agent/representative may apply for a rezoning of the landowners property by completing, signing and submiming the Planning Department's Rezoning Application with all required documentary attachments, paying the rezoning application fee and providing at least the following information (as well as all information required by the Rezoning Application): (1) The full name and address of the properly owner and any designated agent or representative. (2) The legal description of the property requested to be rezoned and the proposed new zoning districi(s). (3) A statement explaining the compatibility of this proposed rezoning with neighboring properly and explaining why ilia proposed rezoning will not unreasonably adversely affect or conflict with surrounding land uses Prior to the Planning Commission's consideration of the rezoning request, the applicant must furnish the Planning Department a signed Certificate of Mailing to notify all adjacent property owners of this requested rezoning pursuant to $157.03." PASSED and APPROVED on 3120020 18 Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74474460 Mar. 29. 3018