HomeMy WebLinkAbout224-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 224-20
File Number: 2020-0667
RESOLUTION TO REQUEST THAT CITY STAFF STUDY:
A RESOLUTION TO REQUEST THAT CITY STAFF STUDY AND PRESENT AN
ORDINANCE ELIMINATING DISCRETIONARY PROCEEDINGS FOR RELIGIOUS USES
TO THE EXTENT POSSIBLE, PROVIDE FOR REGULATIONS BASED ON THE SIZE AND
INTENSITY OF THE PROPOSED USE, AND EMPLOY NON-SECTARIAN LANGUAGE
WHEREAS, the Fayetteville Unified Development Code (UDC) recognizes that a development's
impact on traffic and quiet enjoyability of neighboring properties can vary depending on the size of a
commercial structure, configuration of its parking, and scale of other design elements, but makes no
such size -based distinction for religious uses; and
WHEREAS, the Religious Land Use and Institutionalized Persons Act (RLUIPA) specifically permits
land use regulation of religious institutions through rules of general applicability but prohibits regulation
that relies on individualized assessments of religious uses; and
WHEREAS, the UDC has only one zone specifically designated for religious use, and many zones
that require individualized Conditional Use Permits to authorize religious land use; and
WHEREAS, the strict application of UDC design standards to religious institutions may from time to
time conflict with their First Amendment rights to religious expression if not accommodated consistent
with the provisions of RLUIPA; and
WHEREAS, the term "church," used extensively throughout the UDC, refers to buildings used for
Christian worship and should be replaced with a neutral term inclusive of all religious gathering places
regardless of sectarian or denominational affiliation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
Page 1 Printed on W210
Resolution: 224-20
File Number. 2020-0667
FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to
amend the Unified Development Code to implement objective criteria for regulation of religious land
uses based on size and neighborhood impact consistent with existing commercial standards, to
eliminate discretionary proceedings for religious uses to the extent practical, and to employ
non-sectarian language.
Section 2: That the City Council of the City of Fayetteville, Arkansas requests Mayor Jordan utilize
appropriate staff to work with the Planning Commission or Ordinance Review Committee and to
consult with local religious leaders to determine appropriate objective criteria for classifying intensity of
religious land use, and to develop processes and appropriate exemptions that allow Planning
Commission to execute their oversight duties consistent with the Religious Land Use and
Institutionalized Persons Act.
PASSED and APPROVED on 9/l/2020
Attest:
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Kara Paxton, City Clerk Treasurer t FgyF c
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Page 2 Printed on RMW
City of Fayetteville, Arkansas 113 West Mountain Street
- \\ Fayetteville. AR 72701
(479)575-8323
1
} Text File
File Number: 2020-0667
Agenda Date: 9/1/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 3
RESOLUTION TO REQUEST THAT CITY STAFF STUDY:
A RESOLUTION TO REQUEST THAT CITY STAFF STUDY AND PRESENT AN ORDINANCE
ELIMINATING DISCRETIONARY PROCEEDINGS FOR RELIGIOUS USES TO THE EXTENT
POSSIBLE, PROVIDE FOR REGULATIONS BASED ON THE SIZE AND INTENSITY OF THE
PROPOSED USE, AND EMPLOY NON-SECTARIAN LANGUAGE
WHEREAS, the Fayetteville Unified Development Code (UDC) recognizes that a development's impact on
traffic and quiet enjoyability of neighboring properties can vary depending on the size of a commercial structure,
configuration of its parking, and scale of other design elements, but makes no such size -based distinction for
religious uses; and
WHEREAS, the Religious Land Use and Institutionalized Persons Act (RLUIPA) specifically permits land use
regulation of religious institutions through rules of general applicability but prohibits regulation that relies on
individualized assessments of religious uses; and
WHEREAS, the UDC has only one zone specifically designated for religious use, and many zones that require
individualized Conditional Use Permits to authorize religious land use; and
WHEREAS, the strict application of UDC design standards to religious institutions may from time to time
conflict with their First Amendment rights to religious expression if not accommodated consistent with the
provisions of RLUIPA; and
WHEREAS, the term "church," used extensively throughout the UDC, refers to buildings used for Christian
worship and should be replaced with a neutral term inclusive of all religious gathering places regardless of
sectarian or denominational affiliation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to amend the
Unified Development Code to implement objective criteria for regulation of religious land uses based on size
and neighborhood impact consistent with existing commercial standards, to eliminate discretionary proceedings
for religious uses to the extent practical, and to employ non-sectarian language.
City of Fayetteville, Arkansas Page 1 Printed on 9/2/2020
File Number. 2020-0667
Section 2: That the City Council of the City of Fayetteville, Arkansas requests Mayor Jordan utilize appropriate
staff to work with the Planning Commission or Ordinance Review Committee and to consult with local religious
leaders to determine appropriate objective criteria for classifying intensity of religious land use, and to develop
processes and appropriate exemptions that allow Planning Commission to execute their oversight duties
consistent with the Religious Land Use and Institutionalized Persons Act.
City o/Fayetteville, Arkansas Page 2 Printed on 91212020
Legistar ID No.: 2020-W7
AGENDA REQUEST FORM
FOR: Council Meeting of August 18, 2020
FROM: Council Member Kyle Smith
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO REQUEST THAT CITY STAFF STUDY AND PRESENT AN
ORDINANCE ELIMINATING DISCRETIONARY PROCEEDINGS FOR RELIGIOUS USES TO
THE EXTENT POSSIBLE, PROVIDE FOR REGULATIONS BASED ON THE SIZE AND
INTENSITY OF THE PROPOSED USE, AND EMPLOY NON-SECTARIAN LANGUAGE
APPROVED FOR AGENDA:
City Council Meni6er Kyle Smith Date
?.� Z'o
Asst. City Attorney Blake Pennington Date
(as to form)
Pennington, Blake
From: Kyle Smith <citycouncil@kyle4fay.org>
Sent: Wednesday, August 05, 2020 7:56 AM
To: Pennington, Blake; Williams, Kit; Stoll, Garner; Norton, Susan
Subject: Religious Land Use Regulations
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Thank you to Susan and Garner for working with me to lay out a collaborative process by which we can review the issue
of zoning churches that has caused us more than a few headaches in the last year. After considering several options,
Garner suggested a resolution of intent asking planning staff to synthesize something from the various proposals that
have been floated.
Below is my DRAFT resolution text. I welcome any feedback before we lock it in, but I would like to submit this for the
Aut 11/18 agenda cycle if I haven't already missed a deadline for its publication. The one thing I feel like is missing is a
timeline or deadline for the work to be back in front of City Council. Ideally, I would like to have it scheduled so a final
vote falls in the 2020 year, but I wasn't sure how to write that in without being overly detailed.
WHEREAS the Fayetteville Unified Development Code (UDC) recognizes that a development's impact on
traffic and quiet enjoyability of neighboring properties can vary depending on the size of a commercial
structure, configuration of its parking, and scale of other design elements, but makes no such size -based
distinction for religious uses, and
WHEREAS the Religious Land Use and Institutionalized Persons Act (RLUIPA) specifically permits land use
regulation of religious institutions through rules of general applicability but prohibits regulation that relies on
individualized assessments of religious uses, and
WHEREAS the UDC has only one zone specifically designated for religious use, and many zones that require
individualized Conditional Use Permits to authorize religious land use, and
WHEREAS the strict application of UDC design standards to religious institutions may from time to time
conflict with their First Amendment rights to religious expression if not accommodated consistent with the
provisions of RLUIPA, and
WHEREAS the term "church," used extensively throughout the UDC, refers to buildings used for Christian
worship and should be replaced with a neutral term inclusive of the all religious gathering places regardless of
sectarian or denominational affiliation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to amend the
Unified Development Code to implement objective criteria for regulation of religious land uses based on size
and neighborhood impact consistent with existing commercial standards, to eliminate discretionary
proceedings for religious uses to the extent practical, and to employ non-sectarian language.
Section 2: That the City Council of the City of Fayetteville, Arkansas requests Mayor Jordan utilize
appropriate staff to work with the Planning Commission or Ordinance Review Committee and to consult with
local religious leaders to determine appropriate objective criteria for classifying intensity of religious land use,
and to develop processes and appropriate exemptions that allow Planning Commission to execute their
oversight duties consistent with the Religious Land Use and Institutionalized Persons Act.
Kyle Smith
Council Member
Ward 4 Position 2
City of Fayetteville, Arkansas
cicycounciWkyle4fav orb
479.274.8881
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