HomeMy WebLinkAboutORDINANCE 6255OF FAYEr,
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113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6255
File Number: 2019-0704
AMEND CHAPTER 159 FEE EXEMPTIONS:
AN ORDINANCE TO AMEND CHAPTER 159 FEE EXEMPTIONS OF THE FAYETTEVILLE
UNIFIED DEVELOPMENT CODE TO CLARIFY THAT HOMELESS SHELTERS ARE EXEMPT
FROM BUILDING PERMIT FEES, WATER AND WASTEWATER IMPACT FEES, POLICE AND
PUBLIC SAFETY IMPACT FEES, AND FIRE PROTECTION SYSTEM IMPACT FEES
WHEREAS, presently the Unified Development Code exempts affordable housing projects from
paying building permit fees, water and wastewater impact fees, police and public safety impact fees, and fire
protection system impact fees; and
WHEREAS, recently Mayor Jordan became aware that homeless shelters are not exempt from paying
these fees and directed staff to prepare an amendment to the Unified Development Code to treat homeless
shelters the same as affordable housing projects with respect to the payment of permit and impact
fees.
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 §159.01(B)(10)
(f)(ii) and enacts a new §159.01(B)(10)(f)(ii), for the purpose of exempting homeless shelters from paying
building permit fees, as follows:
"(ii) Affordable Housing and Homeless Shelters. Construction of single family non-profit multi -family
supportive housing, and homeless shelters funded wholly or primarily by federal Community Development
Block Grants, non-profit service organizations such as Habitat for Humanity,
Page 1 Printed on 11/619
File Number 2019-0704
Ordinance 6255
Housing and Urban Development housing loans and similar programs designed to provide affordable,
owner -occupied, single family residences to low income individuals, non-profit multi -family supportive
housing, and homeless shelters shall be exempted from payment of building permit fees."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.02(D)(6) and
enacts a new §159.02(D)(6), for the purpose of exempting homeless shelters from paying water and
wastewater impact fees, as follows:
"(6) Affordable Housing and Homeless Shelter Exemption. Construction of single family, non-profit multi-
family supportive housing, and homeless shelters funded wholly or primarily by federal Community
Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and
Urban Development housing loans and similar programs designed to provide affordable, owner -occupied,
single family residences to low income individuals, non-profit multi -family supportive housing, and
homeless shelters shall be exempted from payment of impact fees pursuant to this ordinance by the
Impact Fee Administrator."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.03(D)(4) and
enacts a new §159.03(D)(4), for the purpose of exempting homeless shelters from paying police and public
safety impact fees, as follows:
"(4) Affordable Housing and Homeless Shelter Exemption. Construction of single family, non-profit multi-
family supportive housing, and homeless shelters funded wholly or primarily by federal Community
Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and
Urban Development housing loans and similar programs designed to provide affordable, owner -occupied,
single family residences to low income individuals, non-profit multi -family supportive housing, and
homeless shelters shall be exempted from payment of impact fees pursuant to this ordinance by the
Impact Fee Administrator."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.04(D)(4) and
enacts a new §159.04(D)(4), for the purpose of exempting homeless shelters from paying fire protection
system impact fees, as follows:
(4) Affordable Housing and Homeless Shelter Exemption. Construction of single family, non-profit multi-
family supportive housing, and homeless shelters funded wholly or primarily by federal Community
Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and
Urban Development housing loans and similar programs designed to provide affordable, owner -occupied,
single family residences to low income individuals, non-profit multi -family supportive housing, and
homeless shelters shall be exempted from payment of impact fees pursuant to this ordinance by the
Impact Fee Administrator."
Page 2 Printed on 1116119
File Number: 2019-0704
Ordinance 6255
PASSED and APPROVED on 11/5/2019
Approved':
Lioneld Jordan Wvor
R K
Attest: ��.���.• G1TY 0 •:9s���
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F yE
Lisa Branson, Deputy City Cf y �0i ��%`�,``
Page 3 Printed on 1116119
City of Fayetteville, Arkansas 113 West Mountain Street
_ Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0704
Agenda Date: 11/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 5
AMEND CHAPTER 159 FEE EXEMPTIONS:
AN ORDINANCE TO AMEND CHAPTER 159 FEE EXEMPTIONS OF THE FAYETTEVILLE
UNIFIED DEVELOPMENT CODE TO CLARIFY THAT HOMELESS SHELTERS ARE EXEMPT
FROM BUILDING PERMIT FEES, WATER AND WASTEWATER IMPACT FEES, POLICE AND
PUBLIC SAFETY IMPACT FEES, AND FIRE PROTECTION SYSTEM IMPACT FEES
WHEREAS, presently the Unified Development Code exempts affordable housing projects from paying
building permit fees, water and wastewater impact fees, police and public safety impact fees, and fire protection
system impact fees; and
WHEREAS, recently Mayor Jordan became aware that homeless shelters are not exempt from paying these
fees and directed staff to prepare an amendment to the Unified Development Code to treat homeless shelters
the same as affordable housing projects with respect to the payment of permit and impact fees.
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 §159.01(B)(10)(f)(ii) and
enacts a new § 159.01(B)(10)(f)(ii), for the purpose of exempting homeless shelters from paying building permit
fees, as follows:
"(ii) Affordable Housing and Homeless Shelters. Construction of single family, non-profit multi -family
supportive housing, and homeless shelters funded wholly or primarily by federal Community Development
Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development
housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to
low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be exempted
from payment of building permit fees."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.02(D)(6) and enacts
a new §159.02(D)(6), for the purpose of exempting homeless shelters from paying water and wastewater
impact fees, as follows:
"(6) Affordable Housing and Homeless Shelter Exemption. Construction of single family, non-profit
City of Fayetteville, Arkansas Page 1 Printed on 111612019
File Number: 2019-0704
multi -family supportive housing, and homeless shelters funded wholly or primarily by federal Community
Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban
Development housing loans and similar programs designed to provide affordable, owner -occupied, single family
residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be
exempted from payment of impact fees pursuant to this ordinance by the Impact Fee Administrator."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.03(D)(4) and enacts
a new §159.03(D)(4), for the purpose of exempting homeless shelters from paying police and public safety
impact fees, as follows:
"(4) Affordable Housing and Homeless Shelter Exemption. Construction of single family, non-profit
multi -family supportive housing, and homeless shelters funded wholly or primarily by federal Community
Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban
Development housing loans and similar programs designed to provide affordable, owner -occupied, single family
residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be
exempted from payment of impact fees pursuant to this ordinance by the Impact Fee Administrator."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.04(D)(4) and enacts
a new §159.04(D)(4), for the purpose of exempting homeless shelters from paying fire protection system
impact fees, as follows:
(4) Affordable Housing and Homeless Shelter Exemption. Construction of single family, non-profit
multi -family supportive housing, and homeless shelters funded wholly or primarily by federal Community
Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban
Development housing loans and similar programs designed to provide affordable, owner -occupied, single family
residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be
exempted from payment of impact fees pursuant to this ordinance by the Impact Fee Administrator."
City of Fayetteville, Arkansas Page 2 Printed on 1116/2019
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2019-0704
Legistar File ID
11/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/17/2019 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
19-6916 Administrative Item (Amend UDC chapter 159: Fee Exemptions): Submitted by the Development Services
Department for revisions to UDC Chapter 159. The proposed code changes would clarify that homeless shelters are
exempt from permit and impact fees.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
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 NOVEMBER 5, 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: October 17, 2019
SUBJECT: 19-6916 Administrative Item (Amend UDC chapter 159: Fee Exemptions):
Submitted by the Development Services Department for revisions to UDC Chapter
159. The proposed code changes would clarify that homeless shelters are exempt
from permit and impact fees.
RECOMMENDATION:
Staff recommends approval of a text amendment to Chapter 159 of the Unified Development.
Code to clarify that homeless shelters are exempt from permit and impact fees.
BACKGROUND:
Presently the Unified Development Code exempts affordable housing projects from having to pay
building permit fees and impact fees. The mayor recently became aware that homeless shelters
are not exempt from paying these fees and directed staff to propose a code amendment to
address the issue. The code amendment includes homeless shelters in the fee exemption
category and is attached to this packet.
DISCUSSION:
This proposed code change has not been presented to the Planning Commission or other
appointed body.
BUDGET/STAFF IMPACT:
None
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ADM 19-6916 Proposed Code Changes Shown in Strikeout Highlight
159.01 - Fees/Schedule
(B) Fee schedule.
(10) Building Permits.
(f) Exemptions from Permit Fees.
(ii) Affordable Housing and Homeless Shelters. Construction of single family, aad
non-profit multi -family supportive housing and homeless shelters funded wholly or
primarily by federal Community Development Block Grants, non-profit service
organizations such as Habitat for Humanity, Housing and Urban Development
housing loans and similar programs designed to provide affordable, owner -occupied,
single family residences to low income individuals aad non-profit multi -family
supportive housing, and homeless shelters shall be exempted from payment of
building permit fees.
159.02 - Water And Wastewater Impact Fees
(D) Fee Determination.
(6) Affordable Housing and Homeless Shelter Exemption.
(a) Single family, aad-non-profit multi -family supportive housing, and homeless shelters.
Construction of single family_aad non-profit multi -family supportive housing, and
homeless shelters funded wholly or primarily by federal Community Development
Block Grants, non-profit service organizations such as Habitat for Humanity, Housing
and Urban Development housing loans and similar programs designed to provide
affordable, owner -occupied, single family residences to low income individuals, aad
non-profit multi -family supportive housing, and homeless shelters shall be exempted
from payment of impact fees pursuant to this ordinance by the Impact Fee
Administrator.
159.03 - Police And Public Safety Impact Fees
(D) Fee Determination.
(4) Affordable Housing and Homeless Shelter Exemption.
(a) Single family, aad Non -Profit Multi -Family Supportive Housing, and Homeless
Shelters. Construction of single family and -non-profit multi -family supportive housing,
and homeless shelters funded wholly or primarily by federal Community Development
Block Grants, non-profit service organizations such as Habitat for Humanity, Housing
and Urban Development housing loans and similar programs designed to provide
affordable, owner -occupied, single family residences to low income individuals, and
non-profit multi -family supportive housing, and homeless shelters shall be exempted
from payment of impact fees pursuant to this ordinance by the Impact Fee
Administrator.
ADM 19-6916 Proposed Code Changes Shown in Strikeout Highlight
159.04 - Fire Protection System Impact Fees
(D) Fee Determination.
(4) Affordable Housing and Homeless Shelter Exemption.
(a) Single family, and non-profit multi -family supportive housing, and homeless shelters.
Construction of single family, and non-profit multi -family supportive housing, and
homeless shelters funded wholly or primarily by federal Community Development
Block Grants, non-profit service organizations such as Habitat for Humanity, Housing
and Urban Development housing loans and similar programs designed to provide
affordable, owner -occupied, single family residences to low income individuals, a444
non-profit multi -family supportive housing, and homeless shelters shall be exempted
from payment of impact fees pursuant to this ordinance by the Impact Fee
Administrator.
NORTHWEST ARKANSAS RECEIVED
Democrat h ; Gazette ho v 19 2019
1f a ►A�YETTEVILLE
0 '9.4't ..>O Fnz _ 9-9 �.M.AK $
OFFICE
AFFIDAVIT OF PUBLICATION
I, Cathy Staggs, do solemnly swear that I am the Accounting Manager for the Northwest Arkansas
Democrat- Gazette, printed and published in Washington 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. 6255
Was inserted in the Regular Edition on:
November 14, 2019
Publication Charges $ 266.50
rwtw(31�
Cathy Sta s 1
Subscribed and sworn to before me
This JC day ofNW , 2019.
&V, tt�&_
Notary Public
My Commission Expires:
1
CATHY WILES,
Arkansas - Benton County
hIotary Public - Comm# 12387118
My Commission Expires Feb 20, 2024
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6255
File Number: 2019-0704
AMEND CHAPTER 159 FEE
EXEMPTIONS:
AN ORDINANCE TO AMEND
CHAPTER 159 FEE EXEMPTIONS OF
THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO CLARIFY
THAT HOMELESS SHELTERS ARE
EXEMPT FROM BUILDING PERMIT
FEES, WATER AND WASTEWATER
IMPACT FEES, POLICE AND
PUBLIC SAFETY IMPACT FEES,
AND FIRE PROTECTION SYSTEM
IMPACT FEES
WHEREAS, presently the Unified
Development Code exempts affordable
housing projects from paying building
permit fees, water and wastewater
impact fees, police and public safety
impact fees, and fire protection system
impact fees; and
WHEREAS, recently Mayor Jordan
became aware that homeless shelters are
not exempt from paying these fees and
directed staff to prepare an amendment
to the Unified Development Code to
treat homeless shelters the same as
affordable housing projects with respect
to the payment of permit and impact
fees.
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 §159.01(B)(10) (f)(ii) and enacts
a new §159.01(BXIOxf)(ii), for the
purpose of exempting homeless shelters
from paying building permit fees, as
follows:
"(ii) Affordable Housing and Homeless
Shelters. Construction of single family
non-profit multi -family supportive
housing, and homeless shelters funded
wholly or primarily by federal
Community Development Block Grants,
non-profit service organizations such as
Habitat for Humanity,
Housing and Urban Development
housing loans and similar programs
designed to provide affordable, owner -
occupied, single family residences to
low income individuals, non-profit
multi -family supportive housing, and
homeless shelters shall be exempted
from payment of building permit fees."
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals §159.02(Dx6) and enacts a new
§159.02(Dx6), for the purpose of
exempting homeless shelters from
paying water and wastewater impact
fees, as follows:
"(6) Affordable Housing and Homeless
Shelter Exemption. Construction of
single family, non-profit multi -family
supportive housing, and homeless
shelters funded wholly or primarily by
federal Community Development Block
Grants, non-profit service organizations
such as Habitat for Humanity, Housing
and Urban Development housing loans
and similar programs designed to provide
affordable, owner -occupied, single family
residences to low income individuals,
non-profit multi -family supportive
housing, and homeless shelters shall be
exempted from payment of impact fees
pursuant to this ordinance by the Impact
Fee Administrator."
Section 3: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals § I 59.03(D)(4) and enacts a new
§ I59.03(D)(4), for the purpose of
exempting homeless shelters from paying
police and public safety impact fees, as
follows:
"(4) Affordable Housing and Homeless
Shelter Exemption. Construction of single
family, non-profit multi -family
supportive housing, and homeless shelters
funded wholly or primarily by federal
Community Development Block Grants,
non-profit service organizations such as
Habitat for Humanity, Housing and
Urban Development housing loans and
similar programs designed to provide
affordable, owner -occupied, single family
residences to low income individuals,
non-profit multi -family supportive
housing, and homeless shelters shall be
exempted from payment of impact fees
pursuant to this ordinance by the Impact
Fee Administrator."
Section 4: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals § I 59.04(D)(4) and enacts a new
§ 159.04(D)(4), for the purpose of
exempting homeless shelters from paying
fire protection system impact fees, as
follows:
(4) Affordable Housing and Homeless
Shelter Exemption. Construction of single
family, non-profit multi -family
supportive housing, and homeless shelters
funded wholly or primarily by federal
Community Development Block Grants,
non-profit service organizations such as
Habitat for Humanity, Housing and
Urban Development housing loans and
similar programs designed to provide
affordable, owner -occupied, single family
residences to low income individuals,
non-profit multi -family supportive
housing, and homeless shelters shall be
exempted from payment of impact fees
pursuant to this ordinance by the Impact
Fee Administrator."
PASSED and APPROVED on 11/5/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75149035 Nov. 14, 2019