HomeMy WebLinkAboutOrdinance 6410113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6410
File Number: 2021-0053
AMEND §168.12 STREAMSIDE PROTECTION ZONES:
AN ORDINANCE TO AMEND § 168.12 STREAMSIDE PROTECTION ZONES (C)
ESTABLISHMENT OF DESIGNATED SURFACE WATERS TO INCORPORATE
APPLICABLE STREAMS WITHIN AREAS WHICH MAY BE ANNEXED AFTER THE
ADOPTION OF THE STREAMSIDE PROTECTION ORDINANCE INTO THE
PROTECTIONS OF THE STREAMSIDE PROTECTION ZONES AND TO ADOPT AN
EMERGENCY CLAUSE
WHEREAS, on March 1, 2011, the Fayetteville City Council enacted into the Unified Development
Code § 168.12 Streamside Protection Zones and adopted the Protected Streams Map; and
WHEREAS, the adopted Protected Streams Map is within the Streamside Protection Best
Management Practices Manual which facilitates quick and accurate application of the Streamside
Protection Zones and should be able to be administratively amended by the City Engineer to
recognize and include streams in areas which may be annexed after the original adoption of the
Protected Streams Map.
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 § 168.12
Streamside Protection Zones (C) Establishment of Designated Surface Waters (1) by repealing
(1) in its entirety and enacting a new (1) as follows:
"(1) All surface waters identified on the adopted Protected Streams Map (which may be
administratively amended by the City Engineer to reflect applicable surface waters within annexed
Page 1 Printed on 11116121
Ordinance: 6410
File Number.' 2021-0053
areas), including any pond, lake or reservoir located within the natural drainage way of said surface
water; or"
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further amends § 168.12
(C) by enacting a new (3) as follows:
"(3) Surface waters that would have otherwise been protected, but were outside the City Limits when
Ordinance No. 5390 was adopted on March 1, 2011, shall be automatically included as designated
surface waters within the requirements of § 168.12 Streamside Protection Zones upon the
annexation into Fayetteville of the property on which the surface waters are located."
Section 3: Emergency Clause
In order to protect the health and safety of Fayetteville citizens and residents by ensuring areas
that might soon be annexed into Fayetteville can be properly protected by the Streamside Protection
regulations, this Ordinance must be made effective immediately. Therefore, the City Council hereby
declares an Emergency exists and determines that this ordinance shall become effective immediately
upon its passage and approved.
PASSED and APPROVED on 2/2/2021
Approv Attest:
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Lion d Jorda , Mayor Kara Paxton, City Clerk Trea; K / Tp 16,
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Page 2 Printed on 11110121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2021-0053
Agenda Date: 2/2/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 4
AMEND §168.12 STREAMSIDE PROTECTION ZONES:
AN ORDINANCE TO AMEND § 168.12 STREAMSIDE PROTECTION ZONES (C)
ESTABLISHMENT OF DESIGNATED SURFACE WATERS TO INCORPORATE APPLICABLE
STREAMS WITHIN AREAS WHICH MAY BE ANNEXED AFTER THE ADOPTION OF THE
STREAMSIDE PROTECTION ORDINANCE INTO THE PROTECTIONS OF THE STREAMSIDE
PROTECTION ZONES AND TO ADOPT AN EMERGENCY CLAUSE
WHEREAS, on March 1, 2011, the Fayetteville City Council enacted into the Unified Development Code
§ 168.12 Streamside Protection Zones and adopted the Protected Streams Map; and
WHEREAS, the adopted Protected Streams Map is within the Streamside Protection Best Management
Practices Manual which facilitates quick and accurate application of the Streamside Protection Zones and
should be able to be administratively amended by the City Engineer to recognize and include streams in areas
which may be annexed after the original adoption of the Protected Streams Map.
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 § 168.12 Streamside
Protection Zones (C) Establishment of Designated Surface Waters (1) by repealing (1) in its entirety and
enacting a new (1) as follows:
"(1) All surface waters identified on the adopted Protected Streams Map (which may be administratively
amended by the City Engineer to reflect applicable surface waters within annexed areas), including any pond,
lake or reservoir located within the natural drainage way of said surface water; or"
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further amends § 168.12 (C) by
enacting a new (3) as follows:
"(3) Surface waters that would have otherwise been protected, but were outside the City Limits when
Ordinance No. 5390 was adopted on March 1, 2011, shall be automatically included as designated surface
waters within the requirements of § 168.12 Streamside Protection Zones upon the annexation into
Fayetteville of the property on which the surface waters are located."
City of Fayetteville, Arkansas Page I Printed on 1111612021
File Number.' 2021-0053
Section 3: Emergency Clause
In order to protect the health and safety of Fayetteville citizens and residents by ensuring areas that
might soon be annexed into Fayetteville can be properly protected by the Streamside Protection regulations,
this Ordinance must be made effective immediately. Therefore, the City Council hereby declares an Emergency
exists and determines that this ordinance shall become effective immediately upon its passage and approved.
City of Fayetteville, Arkansas Page 2 Printed on 11/1612021
City of Fayetteville Staff Review Form
2021-0053
Legistar File ID
2/2/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 1/20/2021 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
AN ORDINANCE TO AMEND §168.12 STREAMSIDE PROTECTION ZONES (C) ESTABLISHMENT OF DESIGNATED
SURFACE WATERS TO INCORPORATE APPLICABLE STREAMS WITHIN AREAS WHICH MAY BE ANNEXED AFTER THE
ADOPTION OF THE STREAMSIDE PROTECTION ORDINANCE INTO THE PROTECTIONS OF THE STREAMSIDE
PROTECTION ZONES AND TO ADOPT AN EMERGENCY CLAUSE
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
0
Previous Ordinance or Resolution # Ord 5390
Approval Date:
V20180321
CITY OF
Q FAYETTEVILLE
ARKANSAS
MEETING OF FEBURARY 2, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: January 20, 2021
CITY COUNCIL MEMO
SUBJECT: AN ORDINANCE TO AMEND §168.12 STREAMSIDE PROTECTION ZONES
(C) ESTABLISHMENT OF DESIGNATED SURFACE WATERS TO
INCORPORATE APPLICABLE STREAMS WITHIN AREAS WHICH MAY BE
ANNEXED AFTER THE ADOPTION OF THE STREAMSIDE PROTECTION
ORDINANCE INTO THE PROTECTIONS OF THE STREAMSIDE
PROTECTION ZONES AND TO ADOPT AN EMERGENCY CLAUSE
RECOMMENDATION:
Staff recommends approval of an ordinance to amend §168.12 STREAMSIDE PROTECTION
ZONES (C) ESTABLISHMENT OF DESIGNATED SURFACE WATERS to incorporate
applicable streams within areas which may be annexed after the adoption of the streamside
protection into the protections of the streamside protection zones and to adopt an emergency
clause.
BACKGROUND:
In 2009 a Nutrient Reduction Plan was completed by Geosyntec Consultants as a part of an
agreement between the City of Fayetteville and the Beaver Water District. This plan
recommended the development and implementation of a riparian buffer ordinance in order to
reduce non -point source pollution in the Beaver Lake Watershed and ultimately all of the City's
waterways. This would in turn improve the water quality and quality of life for Fayetteville
residents as well as reduce or avoid potential increases in the cost of treating drinking water for
the region. For these reasons, in 2011 the City Council approved ordinance 5390 which
included the Streamside Protection provisions currently contained within Chapter 168, Flood
Damage Prevention, of the Unified Development Code (UDC).
DISCUSSION:
While staff feels the intent of the original ordinance was to include areas that may be annexed
and would otherwise be included in the original ordinance, the ordinance does not appear to
adequately address those areas. In order to continue to protect our streams and waterways,
staff is recommending a revision in the ordinance such that the overall stream protection map
may be revised to reflect these annexed areas administratively and clarifying that annexed
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
areas that would have otherwise been included within the streamside protection zone had they
been within the City limits at the time of ordinance adoption are to be included in streamside
protection zones.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Current Streamside Protection Map
ORDINANCE NO.
AN ORDINANCE TO AMEND § 168.12 STREAMSIDE PROTECTION ZONES.(C)
ESTABLISHMENT OF DESIGNATED SURFACE WATERS TO INCORPORATE
APPLICABLE STREAMS WITHIN AREAS WHICH MAY BE ANNEXED AFTER THE
ADOPTION OF THE STREAMSIDE PROTECTION ORDINANCE INTO THE
PROTECTIONS OF THE STREAMSIDE PROTECTION ZONES AND TO ADOPT AN
EMERGENCY CLAUSE
WHEREAS, on March 1, 2011, the Fayetteville City Council enacted into the Unified
Development Code § 168.12 Streamside Protection Zones and adopted the Protected Streams
Map; and
WHEREAS, the adopted Protected Streams Map is within the Streamside Protection Best
Management Practices Manual which facilitates quick and accurate application of the
Streamside Protection Zones and should be able to be administratively amended by the City
Engineer to recognize and include streams in areas which may be annexed after the original
adoption of the Protected Streams Map.
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 § 168.12
Streamside Protection Zones (C) Establishment of Designated Surface Waters (1) by repealing
(1) in its entirety and enacting a new (1) as follows:
"(1) All surface waters identified on the adopted Protected Streams Map (which may be
administratively amended by the City Engineer to reflect applicable surface waters within
annexed areas), including any pond, lake or reservoir located within the natural drainage way of
said surface water; or"
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further amends
§ 168.12 (C) by enacting a new (3) as follows:
"(3) Surface waters that would have otherwise been protected, but were outside the City Limits
when Ordinance No. 5390 was adopted on March 1, 2011, shall be automatically included as
desigriated surface waters within the requirements of § 168.12 Streamside Protection Zones
upon the annexation into Fayetteville of the property on which the surface waters are located."
Section 3: Emergency Clause
In order to protect the health and safety of Fayetteville citizens and residents by ensuring
areas that might soon be annexed into Fayetteville can be properly protected by the Streamside
Protection regulations, this Ordinance must be made effective immediately. Therefore, the City
Council hereby declares an Emergency exists and determines that this ordinance shall become
effective immediately upon its passage and approved.
PASSED and APPROVED this 2nd day of February, 2021.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
Protected Streams
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Streams Outside Buffer Zone
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