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Home My WebLink AboutORDINANCE 6195 F FAYErT KHT:erit,'t 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Ordinance: 6195 File Number: 2019-0293 AMEND § 166.04 REQUIRED INFRASTRUCTURE IMPROVEMENTS - DEVELOPMENT IN CITY LIMITS: AN ORDINANCE TO AMEND § 166.04(B)(3)(a) TO REMOVE THE EXEMPTION OF SMALL SITE IMPROVEMENT PLANS FROM THE NORMAL REQUIREMENT TO DEDICATE STREET RIGHT- OF-WAY TO MEET MASTER PLAN STREET REQUIREMENTS WHEREAS, all types of subdivisions from lot splits to preliminary and final plats to large scale developments and large site improvement plans are required to dedicate sufficient street right-of-way to meet master plan street requirements based upon the rough proportionality of the proposed development upon the city street infrastructure needs; and WHEREAS, for uncertain reasons, small site improvement plans (which can have up to 23 apartments) are currently exempt from the street right-of-way dedication requirements for all other subdivisions, even lot splits which could result in only a single new household. 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 § 166.04(B)(3) (a) of the Unified Development Code by repealing what is currently § 166.04(B)(3)(a)(i)(a) and (a) (ii). Additionally, the language currently found in § 166.04(B)(3)(a)(iii) shall be renamed: "Council Acceptance of Streets and Alleys" and renumbered to § 166.04(B)(3)(a)(ii). Page 1 Printed on 6/5/19 File Number. 2019-0293 Ordinance 6195 PASSED and APPROVED on 6/4/2019 Approved, Attest: le-74AtiZteL "t44,t,;Z./ Lionel. Jord. ayo Sondra E. Smith,City Clerk Treasurer ounnit,q p•�cdv,ERK/ ��i, y CITy••�F" • Aye •C; ):;*. ITFV/ m • A • Page 2 Printed on 6/5/19 1 of rr' City of Fayetteville, Arkansas 113 West Mountain Street •/:._. 6 Fayetteville,AR 72701 , (479)575-8323 \ J ' '>.- i Text File \-.._#K.---,i0:23," File Number: 2019-0293 Agenda Date:6/4/2019 Version: 1 Status: Passed In Control:City Council Meeting File Type:Ordinance Agenda Number:C. 11 AMEND§ 166.04 REQUIRED INFRASTRUCTURE IMPROVEMENTS-DEVELOPMENT 1N CITY LIMITS: AN ORDINANCE TO AMEND § 166.04(B)(3)(a) TO REMOVE THE EXEMPTION OF SMALL SITE IMPROVEMENT PLANS FROM THE NORMAL REQUIREMENT TO DEDICATE STREET RIGHT-OF-WAY TO MEET MASTER PLAN STREET REQUIREMENTS WHEREAS, all types of subdivisions from lot splits to preliminary and final plats to large scale developments and large site improvement plans are required to dedicate sufficient street right-of-way to . meet master plan street requirements based upon the rough proportionality of the proposed development upon the city street infrastructure needs;and WHEREAS, for uncertain reasons, small site improvement plans (which can have up to 23 apartments) are currently exempt from the street right-of-way dedication requirements for all other subdivisions, even lot splits which could result in only a single new household. 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 § 166.04(B)(3)(a) of the Unified Development Code by repealing what is currently § 166.04(B)(3)(a)(i)(a) and (a)(ii). Additionally, the language currently found in § 166.04(B)(3)(a)(iii) shall be renamed: "Council Acceptance of Streets and Alleys"and renumbered to § I 66.04(B)(3)(a)(ii). City of Fayetteville,Arkansas Page 1 Printed on 6/5/2019 City of Fayetteville Staff Review Form 2019-0293 Legistar File ID 6/4/2019 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Garner Stoll 5/9/2019 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division/Department Action Recommendation: 2019-0293 Administrative Item (Amend UDC chapter 166: Exemptions for Small Site Improvement Plans): Submitted by the Development Services Department for revisions to UDC Chapter 166.The proposed code changes would remove the exemption for Small Site Improvement Plans to dedicate street right-of-way. 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 $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution# Change Order Number: Approval Date: Original Contract Number: Comments: 1111:0P: CITY COUNCIL AGENDA MEMO • CITY OF FAVETTEVILLE ARKANSAS MEETING OF JUNE 4, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Garner Stoll, Development Services Director Andrew Garner, City Planning Director DATE: May 9, 2019 SUBJECT: 2019-0293 Administrative Item (Amend UDC chapter 166: Exemptions for Small Site Improvement Plans): Submitted by the Development Services Department for revisions to UDC Chapter 166. The proposed code changes would remove the exemption for Small Site Improvement Plans to dedicate street right- of-way. RECOMMENDATION: Staff recommends approval of an amendment to Section 166.04 (B)(3)(a) of the Unified Development Code to remove the exemption for Small Site Improvement Plans from dedicating street rights-of-way. BACKGROUND: As described in the attached memo from the City Attorney, this exemption creates a loophole in Fayetteville's rights-of-way dedication requirements inconsistent with the City's dedication requirements through other approval processes which may not be proportionate to need. Best planning and development practices dictate acquiring needed rights-of-way through the development review process before development occurs. This best practice applies to small site improvement plans and there is no rational basis for this exemption based on a single application category. Acquisition of right's-of-way after buildings have been approved and constructed can increase cost and disrupt developed property. DISCUSSION: The details of the proposed code change are discussed in the attached memo from the City Attorney. BUDGET/STAFF IMPACT: None Mailing Address: 113 W.Mountain Street www.tayetteville-ar.gov Fayetteville,AR 72701 F �aYer.r {o f ; FI DEPARTMEit NTAL CORRESPONDENCE, OFFICE OF THE QRKANsaS., CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Lioneld Jordan, Mayor Assistant City Attorney City Council Jodi Balker Paralegal CC: Don Marr, Chief of Staff Garner Stoll, Community Services Director Andrew Garner, Planning Director FROM: Kit Williams, CityAttorney Y DATE: May 8, 2019 RE: Remove Exemption for Small Site Improvement Plans The Unified Development Code currently requires street right-of-way dedication for a lot split, but has specifically exempted small site improvement plans from dedicating any on-site street right-of-way. §166.04 (B)(3)(a)(i)(a). This is strange because a small site improvement plan could be a development of up to 23 apartments and be almost an acre in size. The rough proportionality of the impact of 23 apartments is vastly more than one additional house or duplex on a recently split lot. Therefore, the City can constitutionally require a much greater exaction (such as street right-of-way dedication) from the small site improvement plan than for a lot split that only creates a single new house or duplex. And yet the U.D.C. requires street right-of-way dedication for the lot split, but not for the 23 unit apartment complex built on a .99 acre lot pursuant to a small site improvement plan. I recommend that the City should repeal § 166.04(B)(3)(a)(i)(a) of the U.D.C.: "Exemption. Small site improvement plan applications are exempt • from this (street dedication) requirement." I also recommend that subsection (ii), which also deals with small site improvement plans and street dedications,also be repealed. Then,small site improvement plans will be treated exactly the same as all other subdivision of land applications which could require street right-of-way dedications if the amount of the new development's impact upon the City's street infrastructure needs justifies such dedication. The current subsection (iii) should also be renumbered to (ii) and renamed from "Dedications." To "Council Acceptance of Streets and Alleys." • 2 ( '3) J U . b* C' (2) Lot Split. (a) Dedication of Right-of-Way.Sufficient right-of-way dedication,to bring those streets which the Master Street Plan shows to abut or intersect the property into confor- t mance with the right-of-way requirements of the Master Street Plan for said streets; provided,the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties.Such lesser CZAlte dedication shall be subject to approval by the City Council. (i) Dedications.The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee.The City Council confirms the acceptance of all such streets and alleys dedicated by developers! owners to the city which have been approved by the Fayetteville Planning o mission/Subdivision Committee. (3) Pre/lmlrery/Flrta!/Concurrent Plat; Large Scale Development;Large or Small Site ArovemenfPlan. lm- (a) Dedication of Right-of-Way. (i) On-site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee;provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties.Such lesser dedication "4 shalt be subject to approval b the City Council. /741 a) Exemption. Small site improvement plan applications are exempt from this requirement. ii) Off-Site. Off-site right-of-way dedication may be required as needed to con- struct off-site street improvements that are required based on the rough proportionali and rational nexus of the im ro ect �w ra✓cl/ } (iii) ::; t on a City Council accepts all streets and alleys located in Fayetteville hat have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee.The City Council confirms.the acceptance of all such streets and alleys dedicated by developers/ owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. 54-1*"*.‘ d 1 CD166:22 ORDINANCE NO. AN ORDINANCE TO AMEND § 166.04(B)(3)(a)TO REMOVE THE EXEMPTION OF SMALL SITE IMPROVEMENT PLANS FROM THE NORMAL REQUIREMENT TO DEDICATE STREET RIGHT- OF-WAY TO MEET MASTER PLAN STREET REQUIREMENTS WHEREAS, all types of subdivisions from lot splits to preliminary and final plats to large scale developments and large site improvement plans are required to dedicate sufficient street right-of-way to meet master plan street requirements based upon the rough proportionality of the proposed development upon the city street infrastructure needs; and WHEREAS, for uncertain reasons, small site improvement plans (which can have up to 23 apartments) are currently exempt from the street right-of-way dedication requirements for all other subdivisions,even lot splits which could result in only a single new household. 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 § 166.04(B)(3)(a) of the Unified Development Code by repealing what is currently § 166.04(B)(3)(a)(i)(a) and (a)(ii). Additionally, the language currently found in § 166.04(B)(3)(a)(iii) shall be renamed: "Council Acceptance of Streets and Alleys" and renumbered to § 166.04(B)(3)(a)(ii). PASSED and APPROVED this.4th day of June,2019, APPROVED: ATTEST: By:. _ By:. - LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer RECEIVED JUN 2 6 2019 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE NORTHWEST ARKANSAS TN vemOc dtTazeue AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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. 6195 Was inserted in the Regular Edition on: June 13, 2019 Publication Charges: $ 97.50 lull L Cho Cat ty-444 Mo y S gs Subscribed and sworn to before me This I b day of 19. a4, a 0, � & Notary Public My Commission xpires: 2)'2__9/24* **NOTE** Please do not pay from Affidavit. Invoice will be sent. CATHY WILES Arkansas - Benton County I" Notary Public - Comm# 12397118 t; My Commission Expires Feb 20, 2024 b Ordinance: 6195 File Number: 2019-0293 AMEND § 166.04 REQUIRED INFRASTRUCTURE IMPROVEMENTS - DEVELOPMENT IN CITY LIMITS: AN ORDINANCE TO AMEND § 166.04(B)(3)(a) TO REMOVE THE EXEMPTION OF SMALL SITE IMPROVEMENT PLANS FROM THE NORMAL REQUIREMENT TO DEDICATE STREET RIGHT-OF-WAY TO MEET MASTER PLAN STREET REQUIREMENTS WHEREAS, all types of subdivisions from lot splits to preliminary and final plats to large scale developments and large site improvement plans are required to dedicate sufficient street right-of- way to meet master plan street requirements based upon the rough proportionality of the proposed development upon the city street infrastructure needs; and WHEREAS, for uncertain reasons, small site improvement plans (which can have up to 23 apartments) are currently exempt from the street right-of-way dedication requirements for all other subdivisions, even lot splits which could result in only a single new household. 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 § 166.04(B)(3) (a) of the Unified Development Code by repealing what is currently § 166.04(B)(3)(axixa) and (a) (ii). Additionally, the language currently found in § 166.04(B)(3)(axiii) shall be renamed: "Council Acceptance of Streets and Alleys" and renumbered to § 166.04(B)(3)(axii). PASSED and APPROVED on 6/4/2019 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74977667 June 13, 2019