HomeMy WebLinkAboutORDINANCE 6212113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6212
File Number: 2019-0358
AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS:
AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE
FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION
REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS,
ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING
VARIANCES, AND LARGE SITE IMPROVEMENT PLANS
WHEREAS, in many instances the impacts of proposed land use changes may affect property owners
and residents beyond those immediately adjacent to the property on which the change is requested and
staff recommends expanding the notification requirements contained in the Unified Development Code.
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 §157.01(B)(5) and
enacts a replacement §157.01(B)(5) as follows:
"In the event that the applicant fails to mail a notice to a landowner or resident or otherwise fails to
comply with the written notice required in this section, the landowner or resident may waive such notice by
submitting a written waiver to the Planning Division prior to the hearing or by appearing at the hearing."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the following
notification provisions within the Fayetteville Unified Development Code, § 157.02(C)(1), Development; §
157.03(B)(1), Annexation and Zoning Map Amendments; § 157.05(B)(1),
Page 1 Printed on 817119
File Number 2019-0358
Ordinance 6212
Conditional Use Permits; § 157.07(B)(1), Board of Adjustment; and §157.11(C)(1), Large Site Improvement
Plan, and enacts replacement notification provisions in each of those subsections as follows:
"Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with
separate addresses within 200 feet of the boundary line of the property on which the use is proposed.
Residents with separate addresses shall be notified by first class letter addressed to the `current resident'
to each address found in the City's address point file."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby strikes the reference to
"manufactured and mobile homes" from §157.05(C)(1).
PASSED and APPROVED on 8/6/2019
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Page 2 Printed on 8/7/19
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
I` I (479) 575-8323
!.. j Text File
File Number: 2019-0358
Agenda Date: 8/6/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 4
AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS:
AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF
THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION
REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS,
ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING
VARIANCES, AND LARGE SITE IMPROVEMENT PLANS
WHEREAS, in many instances the impacts of proposed land use changes may affect property owners and
residents beyond those immediately adjacent to the property on which the change is requested and staff
recommends expanding the notification requirements contained in the Unified Development Code.
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 §157.01(B)(5) and
enacts a replacement § 157.01(B)(5) as follows:
"In the event that the applicant fails to mail a notice to a landowner or resident or otherwise fails to comply with
the written notice required in this section, the landowner or resident may waive such notice by submitting a
written waiver to the Planning Division prior to the hearing or by appearing at the hearing."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the following notification
provisions within the Fayetteville Unified Development Code, § 157.02(C)(1), Development; § 157.03(B)(1),
Annexation and Zoning Map Amendments; § 157.05(B)(1), Conditional Use Permits; § 157.07(B)(1), Board
of Adjustment; and §157.1](C)(1), Large Site Improvement Plan, and enacts replacement notification
provisions in each of those subsections as follows:
"Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate
addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with
separate addresses shall be notified by first class letter addressed to the `current resident' to each address
found in the City's address point file."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby strikes the reference to
City of Fayetteville, Arkansas Page 1 Printed on 8/7/2019
File Number: 2019-0358
"manufactured and mobile homes" from §157.05(C)(1).
City o/ Fayetteville, Arkansas Page 2 Printed on 81712019
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2019-0358
Legistar File ID
7/16/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/10/2019 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
Amendment to Chapter 1S7- Notifications and Public Hearings. Change notification requirements for public
hearings.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Fund
Project Title
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:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 16, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL AGENDA MEMO
FROM: Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
DATE: June 10, 2019
SUBJECT: Amendment to Chapter 157- Notifications and Public
Hearings. Change notification requirements for public hearings.
RECOMMENDATION:
Staff is recommending changing the notification requirements from "adjacent property owners" to
"all landowners within 200 feet of the boundary line of the property on which the use is proposed"
for 157.02 Development, 157.03- Annexation and Zoning Map Amendments, 157.05 Conditional
Use Permits, 157.07 Board of Adjustment, and 157.11 Large Site Improvement Plan. Staff is
recommending amending 157.05 (C) (1) to remove "manufactured and mobile homes" from the
list of special uses that require 500 -foot surrounding property owner notification.
BACKGROUND:
In many instances impacts of proposed land use changes my effect property owners beyond
those immediately adjacent on which the change is requested. A 200 -foot radius notice
requirement is common practice with our peer communities and results in significantly more
property owners notified. Analysis of three recent rezoning applications comparing the present
number of property owner notifications to the proposed 200 -foot radius resulted in the following
increases in property owners notified:
Adjacent 200 -foot radius
19-6553 510 S. College 5 28
19-6552 3220 Old Farmington Rd. 14 25
19-6640 3231 West MLK Blvd 16 18
As might be expected, the increase in number of notifications resulting from the proposed change
is greater in fully developed areas than in low density out -lying areas.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Under Chapter 157 the applicant is responsible for obtaining property owner lists and completing
the required notifications. Planning staff presently assists applicants by checking the accuracy of
notifications letters and property owner lists. If City Council approves the proposed amendments
staff would propose to delegate to the applicant the certification of the accuracy of the property
owner lists. The present ordinance is clear that incomplete notification can result in a need for
rehearing an application and is the applicant's responsibility.
BUDGET/STAFF IMPACT:
If implemented as recommended, there is no budget impact.
Attachments:
UDC Chapter 157 (with underlines and strikeouts)
CHAPTER 157: - NOTIFICATION AND PUBLIC HEARINGS
157.01 - General Requirements/Information
(A)
Purpose. Notification is to be provided for public hearings in accordance with the requirements herein.
The purpose of providing notification of public hearings is to ensure that all applications comply with
state statutes and that affected or interested property owners are notified of the action being
considered.
(1)
The applicant shall be responsible for public notification as required herein. In calculating the time
period for public notification the day of publishing, posting, or mailing shall be counted toward the total
number of days required. The day of the hearing shall not be counted toward this total.
(2)
The degree of accuracy required for the information contained in these public notices shall be that of
substantial compliance with the provisions of this section. Substantial compliance for these public
notices shall be determined by the Zoning and Development Administrator.
(3)
In the event the applicant does not provide notice as required herein, the requested application may not
be considered until all notification requirements are met.
(B)
Written Notice. Notice shall include the following information, unless specific requirements herein
provide otherwise:
(1)
The applicant shall mail a written notice of the hearing by first-class mail to the address all landowners
within 200 feet of the boundary line of the property on which the use is proposed.
adjacent landowner as such address is shown in the records of the Washington County Assessor's Office.
Adjacent landowners include those across street rights-of-way, excluding interstates.
(2)
Notice shall include the following information, unless specific requirements herein provide otherwise:
(a)
Project Description. Brief written description of the project or request, project type, and location.
(b)
Use. The proposed use of the property.
(c)
Zoning. Current zoning.
(d)
Size. Acreage of project.
(e)
Density/Intensity. Include number of residential units and/or square feet of nonresidential use(s), as
applicable.
(f)
Public Hearing. Time, date, place, and location of public hearing.
(g)
Name. The property owner's and/or the developer's name.
(h)
Review Location. City of Fayetteville Planning Division, 479-575-8267, 125 W. Mountain Street,
Fayetteville, AR 72701. Monday -Friday 8AM-5PM.
(3)
By the revision submittal prior to the hearing, the applicant shall provide the following to the Planning
Division:
(a)
Alphabetical list of the landowners receiving notification;
(b)
Map showing the landowners' relationship to the site;
(c)
Copy of the notice sent to the landowners; and
(d)
Certificates of mailing.
(4)
The person completing the mailing of the written notice shall provide a certificate of mailing. Such
certificate shall read as follows:
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of
he attached written notice was placed in the
U.S. mail, first-class, postage prepaid this
day of 20_, and addressed as
follows:
( list of addresses )
( signature of person completing the mailing )
(5)
In the event that the applicant fails to mail a notice to aR adjaeent landowner or otherwise fails to
comply with the written notice required in this section, the adjaeent landowner may waive such notice
by submitting a written waiver to the Planning Division prior to the hearing or by appearing at the
hearing.
(C)
Posted Notice. The applicant shall post a notice on the land for which the use is requested.
(1)
The notice shall consist of at least one (1) sign adjacent to the street, unless otherwise determined by
the Planning Division. The sign shall be placed in a visibly prominent location no more than 10 feet from
the street, and shall not impede the vision of drivers or pedestrians.
(2)
In the event the staff planner determines a sign cannot be placed adjacent to such street and be visible
to the public or that there is no adjacent public or private street open for travel, the staff planner may
require an alternate location for a sign.
(3)
Additional signs may be required by the staff planner, especially in the case of properties with multiple
street frontages, to ensure nearby property owners are well-informed.
(4)
Signs shall be made available to the applicant by the Planning Division. A $5.00 fee per sign shall be
remitted by the applicant.
(5)
By the revision submittal prior to the hearing, the applicant shall submit a certificate of sign posting to
the Planning Division. The sign(s) shall be photographed by the applicant and attached to the certificate
as follows:
CERTIFICATE OF SIGN POSTING
( attach photo here )
( sign lettering must be legible in photo )
I, ( applicant/representative/person posting
sign ), attest that the above sign was posted on
( date ) adjacent to ( name of street ).
( signature )
File No./Name:
( signature of person completing the sign
posting )
z
The Planning Division will be responsible for retrieval of signs after the hearing; if a hearing is
postponed, the applicant will be notified when a new sign has been created. The applicant shall then be
responsible for posting the new date of the hearing in accordance with the criteria herein.
z
Who May Be Heard. Any person desiring to be heard at a public hearing may appear in person, by agent,
or by attorney.
(E)
Additional Notification Required. In the event a project is tabled and a date for the new public hearing is
not set at a public meeting, all notification requirements shall again be required pursuant to Chapter
157.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; ord. 5183, 10-7-08)
157.02 - Development
Notification of public hearings for development applications shall occur as follows:
z
Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee
and/or Planning Commission, in accordance with the Unified Development Code the established bylaws
of the Planning Commission.
(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 landowners within 200 feet
of the boundary line of the property on which the use is proposed. .
(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 application.
(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 (including planned
zoning districts) 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 amendment.
(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
landowners within 200 feet of the boundary line of the property on which the use is proposed. aft
(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.
(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, §160.156;
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; Ord. No. 5920, §1, 10-18-16)
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.
(Ord. No. 5920, §2, 10-18-16)
Editor's note— Ord. No. 5920 , §§ 1 and 2, adopted Oct. 18, 2016, repealed §157.04 and added a new
section as set out herein. The former §157.04 pertained to planned zoning district and derived from
App. A., Art. 7(10), (20) of the 1965 Code; Ord. No. 1747, adopted June 29, 1970; Ord. No. 1880,
adopted Aug. 15, 1972; Ord. No. 2486, adopted Nov. 21, 1978; Ord. No. 2605, adopted Feb. 19, 1980;
§§160.085, 160.090, 160.095, 160.096 of the 1991 Code; Ord. No. 3716, §3, adopted June 15, 1993; Ord.
No. 3780, §1, adopted April 19,1994; Ord. No. 4100, § 2 (Ex. A), adopted June 16, 1998; Ord. No. 4178,
adopted Aug. 31, 1999; Ord. No. 5183, adopted Oct. 7, 2008; Ord. No. 5654, adopted Jan. 21, 2014.
157.05 - Conditional Use Permit
Notification of public hearings for conditional use permits shall occur as follows:
(A)
Public Hearing Required. A public hearing shall be held by the Planning Commission for consideration of
a conditional use permit.
(B)
Notice of Public Hearing. The applicant shall provide the following notice:
(1)
Who Gets Notice. Notice of the proposed conditional use permit shall be given to all landowners within
200 feet of the boundary line of the property on which the use is proposed. 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.
(b)
Posted Notice. The applicant shall post notice at least fifteen (15) days prior to the Planning Commission
meeting. Proof of notice shall be provided as required by this chapter.
(C)
Special Uses. The following conditional use permits require more stringent notification. Applicants
applying for consideration of the following uses must meet the following additional notification criteria:
(1)
Dance halls; Facilities emitting odors and facilities handling explosives; wireless communication facilities;
carnival, circus, amusement park or similar temporary open-air enterprise;
hemes; outdoor music establishments; sexually oriented business;
(a)
Who Gets Notice. All landowners within 500 feet of the boundary line of the property on which the use
is proposed.
(Code 1965, § 18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898, 1-16-73; Code 1991, §98.13; Ord. No. 3925,
§1, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No 1779, 2-01-71; Ord. No. 5127, 4-1-08; Ord. No.
5183, 10-7-08)
157.06 - Vacations Of Rights -Of -Way And Easements
(A)
Public Hearing Required. The City Council shall hold a public hearing, after receiving a recommendation
by the Planning Commission, on applications requesting vacation of rights-of-way or easements.
(B)
Notice of Public Hearing. The applicant shall provide the following notice:
(1)
Who Gets Notice. Notice of the proposed vacation shall be given by the applicant to all persons owning
property adjacent to a utility easement and all property owners adjacent to or within the same block as
a public right-of-way. Adjoining property notification forms with responses shall be submitted to the
Planning Division with the vacation application.
(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 the Planning
Commission meeting. Proof of notice shall be provided as required by this chapter.
(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 the City Council hearing shall be published, by the City Clerk, in a newspaper
of general circulation in the city prior to the City Council hearing.
(Code 1965, App. A., Art. 10(2); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §§160.172,
162.03; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No.
3901, §1, 7-5-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Ex. A.), 6-16-98; Ord. No. 5183, 10-7-08)
157.07 - Board Of Adjustment
Notification of public hearings for zoning variances and appeals shall occur as follows:
(A)
Public Hearing Required. Upon receipt of a petition for a variance or appeal of staff
decisions/interpretations concerning Zoning, Chapters 160 through 165, the Board of Adjustment shall
hold a public hearing.
(B)
Notice of Public Hearing. The applicant shall provide the following notice:
(1)
Who Gets Notice. Notice of the proposed variance or appeal shall be given to all landowners within 200
feet of the boundary line of the property on which the use is proposed. all adjaGeRt laAdGwReFs.
(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 the meeting of the
Board of Adjustment. 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 the meeting of the Board of
Adjustment. Proof of notice shall be provided as required by this chapter.
(3)
Airport Zone. The city shall publish the variance or appeal request in a local newspaper of general
circulation in the city at least fifteen (15) days prior to the public hearing.
(Code 1965, §13B-13; Ord. No. 1859, 3-20-72; Code 1991, §156.077; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 5183, 10-7-08)
157.08 - Unified Development Code
Amendments. Amendments to the Unified Development Code shall follow the procedures established
by Ch. 154: Amendments, of the Unified Development Code, and require a public meeting by the City
Council. All notification shall follow applicable state statutes and city ordinances.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4125, 11-17-98; Ord. No. 5183, 10-7-08)
157.09 - Manufactured Homes And Manufactured Home Parks
Whenever the enforcement officer determines that there are reasonable grounds to believe that there
has been a violation of any provision of Chapter 175, or any regulation adopted pursuant thereto,
he/she shall give notice of such alleged violation to the owner of the park and to the person to whom
the operator's permit was issued, as hereinafter provided.
(B)
Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time for the performance of any act it required;
(4)
Be served upon the owner and the operator; provided, that such notice or order shall be deemed to
have been properly served upon such owner or operator when a copy thereof has been sent by certified
mail to their last known address, or when they have been served with such notice by any other method
authorized or required by the laws of the state; and,
(5)
Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of
Chapter 175 and with regulation adopted pursuant thereto.
(Code 1965, §136-13; Ord. No. 1859, 3-20-72; Code 1991, §156.077; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 5183, 10-7-08)
157.10 - Fire Prevention Code
Blasting. In addition to the requirements and regulations provided in the Fire Prevention Code, the
applicant for a blasting permit shall notify all residential property owners located within 200 yards of a
blasting site. Notification may be personal contact, or by written notice left at the residence and shall
contain the dates of any blasting activity.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4125, 11-17-98; Ord. No. 5183, 10-7-08)
157.11 - Large Site Improvement Plan
Notification of review for Large Site Improvement Plan application shall occur as follows:
(A)
Public Hearing. A public hearing shall not be required.
(B)
Applicability. Notification is required for a Large Site Improvement Plan.
(C)
Notice of Large Site Improvement Plan. The applicant shall provide the following notice:
(1)
Who Gets Notice. Notice of the proposed development shall be given to all landowners within 200 feet
of the boundary line of the property on which the use is proposed. all adjaceRt
(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 no later than the date of Technical Plat Review
Committee at which the item is considered. Proof of notice shall be provided as required by this chapter.
(b)
Posted Notice. The applicant shall post notice no later than the date of Technical Plat Review Committee
at which the item is considered. Proof of notice shall be provided as required by this chapter.
(D)
Public Review Period. The public review period shall consist of seven (7) days, beginning upon the date
the item appears before the Technical Plat Review Committee. The Large Site Improvement Plan
application shall not be approved within the public review period in order to allow adequate time for a
review and comment.
(E)
Public Notification of Approval. The Planning Division's administrative approval of a Large Site
Improvement Plan shall be placed as an informational item on the agenda of the Subdivision Committee
or Planning Commission, and constitutes the final decision of the Zoning and Development
Administrator regarding the development application.
(Ord. No. 5296, 12-15-09)
157.12-157.99 - Reserved
44L
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
FROM: Kit Williams, City Attorney
DATE: July 30, 2019
RE: Amendment of "Who gets notice" provisions of U.D.C.
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Pursuant to the City Council's suggestion that development/ rezoning notices are
also furnished to possible tenants of structures within 200 feet of the boundary line on
which the use or development is proposed, Development Services Director Garner Stoll
has suggested the following amendment for all such notice provisions in the U.D.C.
"Who gets notice. Notice of the proposed development shall be given to all
landowners and renters with separate addresses within 200 feet of the boundary line of
the property for which the use is proposed. Renters with separate addresses shall be
notified by first class letter addressed to the "current resident" to each address found in
the Ci 's address point file."
If this language is satisfactory, a Council Member will need to move to amend the
currently proposed language to this amended version at the City Council meeting. If
anyone desires different language, please consult with Garner or me.
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC
HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING
THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS
FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL
USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS
WHEREAS, in many instances the impacts of proposed land use changes may affect property
owners and residents beyond those immediately adjacent to the property on which the change is
requested and staff recommends expanding the notification requirements contained in the Unified
Development Code.
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
§ 157.01(B)(5) and enacts a replacement § 157.01(B)(5) as follows:
"In the event that the applicant fails to mail a notice to a landowner or resident or otherwise fails
to comply with the written notice required in this section, the landowner or resident may waive
such notice by submitting a written waiver to the Planning Division prior to the hearing or by
appearing at the hearing."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the following
notification provisions within the Fayetteville Unified Development Code, § 157.02(C)(1),
Development; § 157.03(B)(1), Annexation and Zoning Map Amendments; § 157.05(B)(1),
Conditional Use Permits; § 157.07(B)(1), Board of Adjustment; and §157.11(C)(1), Large Site
Improvement Plan, and enacts replacement notification provisions in each of those subsections as
follows:
"Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents
with separate addresses within 200 feet of the boundary line of the property on which the use is
proposed. Residents with separate addresses shall be notified by first class letter addressed to the
`current resident' to each address found in the City's address point file."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby strikes the reference
to "manufactured and mobile homes" from §157.05(C)(1).
PASSED and APPROVED this 60' day of August, 2019.
ATTEST:
go
SONDRA SMITH, City Clerk/Treasurer
Summary of Recommended Changes to Proposed Regulation 37:
1. Requires any trade to demonstrate that it will continually improve water quality rather
than just not do any harm to water quality.
2. Restricts trades to be conducted between non -point source (farmers) to point source
(industry or municipal waste water treatment plants).
3. Defines a watershed using a 10 -digit HUC (Hydrological Unit Code). This is the equivalent
to a long stream fork such as the West Fork on the White River.
4. Requires the identification of the trading areas to a 12 -digit HUC which is the equivalent
of a section of a stream.
S. Defines "baseline" as the existing most stringent water conditions for the nutrient credit
generating stream and requires no less than 6 in -stream measurements during the
calendar year prior to trades.
6. Defines "nutrient credit" to mean a nutrient reduction expressed in pounds of
phosphorous or nitrogen.
7. Requires that numeric nutrient limit be set for a credit generating stream.
8. Requires that trades be restricted to only trading phosphorous and nitrogen credits.
9. Requires the credit generator to provide information on the amount of manure that has
been land applied to their field and any anticipated application.
10. It clarifies that ADEQ will be the enforcement agency as designated by EPA rather than
Arkansas Natural Resource Commission.
11. Requires ADEQ to be transparent in posting information in a timely manner concerning
trades.
12. Requires ADEQ to submit a copy of any trades to EPA.
13. Prohibits trades from occurring in watersheds that contain
a. Threatened or Endangered Species,
b. critical habitat,
c. areas with karst geology,
d. nutrient surplus area,
e. extraordinary water resource, ecologically sensitive waterbody, natural and
scenic waterway
14. Requires credits be generated on a 4:1 trade ratio, rather than the proposed 1.S:1 trade
ratio. This is to allow for uncertainty in how a credit is generated in the environment.
RECEIVEDOrdinance:6212
File Number:2019-0358
AUG 2 3 2019 AMEND CHAPTER 157,NOTIFICATION
AND PUBLIC HEARINGS:
AN ORDINANCE TO AMEND CHAPTER
157,NOTIFICATION AND PUBLIC
ClT QF FAYETTEVILLE HEARINGS OF THE FAYETTEVILLE
_NORTHWEST ARKANSAS Y CLERKS OFFICE UNIFIED DEVELOPMENT CODE BY
EXPANDING THE NOTIFICATION
REQUIREMENTS FOR PUBLIC HEARINGS
Democrat (15azdte ON APPLICATIONS FOR DEVELOPMENTS,
ANNEXATIONS,ZONING MAP
AMENDMENTS,CONDITIONAL USE
MVO PERMITS,ZONING VARIANCES,AND
LARGE SITE IMPROVEMENT PLANS
WHEREAS,in many instances the impacts of
proposed land use changes may affect property
owners and residents beyond those immediately
adjacent to the property on which the change is
requested andff recommendexpanding the
AFFIDAVIT OF PUBLICATION notification requirements contained in te
Unified Development Code.
NOW,THEREFORE,BE IT ORDAINED BY
I CathyStaggs, do solemnlyswear that I am the AccountingManager of the THECITYCOUNCIL AF THE CITY OF
gg � g FAYETTEVILLE,ARKANSAS:
Northwest Arkansas Democrat-Gazette, printed and published in Section 1:That the City Council of the City of
Fayetteville,Arkansas hereby repeals
Washington County and Benton County, Arkansas, and of bona fide §I57.01(B)(5)and enacts a replacement
§157.01(B)(5)as follows:
circulation, that from my own personal knowledge and reference "In the event that the applicant fails to mail a
to the files of said publication, the advertisement of: notice to a landowner or resident or otherwise
fails to comply with the written notice required
in this section,the landowner or resident may
waive such notice by submitting a written waiver
CITY OF FAYETTEVILLE to the Planning Division prior to the hearing or
Ord. 6212 by appearing at the hearing."
Section 2:That the City Council of the City of
Fayetteville,Arkansas hereby repeals the
following notification provisions within the
Fayetteville Unified Development Code,§
Was inserted in the Regular Edition on: Annexation a),nd
Zoning
Map;§m n ments>,
g Annexation and Zoning Amendments;§
157.05(BXI),
File Number:2019-0358
August 15, 2019 Ordinance 6212
Conditional Use Permits;§157.07(B)(1),Board
of Adjustment;and§157.11(C)(I),Large Site
Publication Charges: 152.10 Improvement Plan,and enacts replacement
notification provisions in each of those
subsections as follows:
"Who Gets Notice.Notice of the proposed action
` shall be given to all landowners and residents
(`�rf-j,``+,'/, with separate addresses within 200 feet of the
boundary line of the property on which the use is
Cathy S :gs proposed.Residents with separate addresses
shall be notified by first class letter addressed to
```t111111111111I11// �' the'current resident'to each address found in the
, City's address
`����`` .••Spp OAR),98 4.r' Section 3:Thatthe tC City Council of the City of
Subscribed and sworn to before me % Fayetteville,Arkansas hereby strikes the
• B•O reference to"manufactured and mobile homes"
This 1`n„day of 2019. = •4 , n• from§I57.05(C)(I).
• 4(94+q • PASSED and APPROVED on 8/6/2019
r�1 5 : Approved:
•.
� Attest:d Jordan,Mayor
9tgentchta •x40010 y •• V�V( ,� �� Attest:
d •••••••••••• ��``` 75044705 Sondra E.Smith,Ciity 0Clerk
Treasurer
3-1&204-'0
u',IH+1ltt4t0•
Notary Public
My Commission Expires: .3./4_.I
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.