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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: LERk Kara Paxton, City Clerk Treasurer t FgyF c :`i • FVjZee ftAS ,Q' 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 Facebook I Twitter I Website