HomeMy WebLinkAboutOrdinance 6417113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6417
File Number: 2021-0074
AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS:
AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP
AMENDMENTS IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS TO
CLARIFY THAT HEARINGS BEFORE THE PLANNING COMMISSION ARE ONLY
REQUIRED FOR PRIVATE PARTY PETITIONS FOR ANNEXATIONS AND
AMENDMENTS TO THE ZONING MAP
WHEREAS, § 154.0](B) provides that a proposed amendment to the Unified Development Code,
including zoning map amendments, "may be adopted by the City Council without prior referral to the
Planning Commission"; and
WHEREAS, the language in § 157.03 of the Unified Development Code should be amended to make
it clear that only petitions for annexation and amendments to the zoning map initiated by private parties
are required to be heard by the Planning Commission and not those initiated by the City Council.
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 § 157.03
Annexation and Zoning Map Amendments by repealing the introductory statement and subsection
(A) and enacting a new introductory statement and subsection (A) as follows:
"Notification of public hearings on private party petitions for annexation and zoning map amendments
(including planned zoning districts) shall occur as follows:
(A) Public Hearing Required. Upon receipt of a private party petition for an annexation or an
amendment to the zoning map, the Planning Commission shall hold a public hearing on the
Page 1 Printed on 312121
Ordinance: 6417
File Number.' 2021-0074
proposed amendment."
PASSED and APPROVED on 3/2/2021
Attest:
i
RK / T�,�,���
=�v010
14 �.•
rn
-
F"iYE :�_
Kara Paxton, City Clerk Treasu*r 1TEy�LLE;
�z y
y�9� • �kANSPZ ..•• `��.
�ON„WO CO.
Page 2 Printed on 3=1
City of Fayetteville, Arkansas
Text File
File Number: 2021-0074
Agenda Date: 3/2/2021 Version: 1
In Control: City Council Meeting
Agenda Number: B.7
AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Ordinance
AN ORDINANCE TO AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS IN
CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THAT HEARINGS
BEFORE THE PLANNING COMMISSION ARE ONLY REQUIRED FOR PRIVATE PARTY
PETITIONS FOR ANNEXATIONS AND AMENDMENTS TO THE ZONING MAP
WHEREAS, § 154.01(B) provides that a proposed amendment to the Unified Development Code, including
zoning map amendments, "may be adopted by the City Council without prior referral to the Planning
Commission"; and
WHEREAS, the language in § 157.03 of the Unified Development Code should be amended to make it clear
that only petitions for annexation and amendments to the zoning map initiated by private parties are required to
be heard by the Planning Commission and not those initiated by the City Council.
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 §157.03 Annexation
and Zoning Map Amendments by repealing the introductory statement and subsection (A) and enacting a
new introductory statement and subsection (A) as follows:
"Notification of public hearings on private party petitions for annexation and zoning map amendments (including
planned zoning districts) shall occur as follows:
(A) Public Hearing Required. Upon receipt of a private party petition for an annexation or an amendment to the
zoning map, the Planning Commission shall hold a public hearing on the proposed amendment."
City of Fayetteville, Arkansas Page I Printed on 3/2/2021
City of Fayetteville Staff Review Form
2021-0074
Legistar File ID
2/2/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Blake Pennington 1/28/2021 CITY ATTORNEY (021)
Submitted By Submitted Date Division / Department
Action Recommendation:
PASSAGE OF AN ORDINANCE TO AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS IN CHAPTER 157
NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THAT PLANNING COMMISSION HEARINGS ARE ONLY REQUIRED
FOR PRIVATE PARTY PETITIONS FOR ANNEXATION AND AMENDMENTS TO THE ZONING MAP
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance S
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Ll
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Jonathan Curth, Development Services Directo
FROM: Blake Pennington, Assistant City Attorne
DATE: January 28, 2021
Kit Williams
ON Attorney
Blake Pennington
Assistant City Attorne),
Jodi Batker
Paralegal
RE: Clarification of Notice Requirements for Private Party Zoning
Amendment and Annexation Petitions
§ 154.01 of the Unified Development Code governs how the City Council may
make amendments to the Unified Development Code. Subsection (A) provides
that the City Council may refer a matter to the Planning Commission for study
and recommendation, which requires a public hearing at the time the Planning
Commission is considering the matter.
In subsection (B), however, the City Council reserved to itself the power to adopt
amendments without prior referral to the Planning Commission. That includes
zoning map amendments, annexations, and other code revisions.
The current language in § 157.03 of the Unified Development Code, which covers
public notification and hearings for annexations and zoning map amendments,
could be interpreted to require Planning Commission review of all annexations
and zoning map amendments, even though that is clearly inconsistent with the
City Council's reserved power in § 154.01(B).
As you know, any ordinance considered by the City Council is subject to public
notification and three separate readings (unless the rules are suspended). Our
office suggests adopting an amendment so that the public notification and hearing
requirements in § 157.03 clearly apply only to annexation and zoning map
amendments that are initiated by private parties and do not apply to those
initiated by the City Council. The current language and a redline version of the
proposed language are attached for your reference.
Current Language
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.
Proposed Language (with strikethrouehs and insertions)
157.03 - Annexation And Zoning Map Amendments
Notification of public hearings fefon private partYpetitions for annexation petitiGR6 and zoning map
amendments (including planned zoning districts) shall occur as follows:
(A) Public Hearing Required. Upon receipt of a private party petition for an annexation or an
amendment to the zoning map, the Planning Commission shall hold a public hearing on the
proposed amendment.
NORTHwE T ARKAws
Democrat azc&
P.'-?Cr, '.iO/, PAY4T'G`iILLE, ,AP..'['02 •-'•79-42-170C • _,1y ,: 9-09�•'1'',S • '.V'„1'.'"":�!'.'gC� CCIM
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6417
Was inserted in the Regular Edition on:
March 14, 2021
Publication Charges: $129.20
Brittany Smith
Subscribed and sworn to before me
This t S day of �� , 2021.
&d' U��
Notary Public
My Commission Expires: 2I,4 Cathy Wiles
Benton COUNTY
NOTARY PUBLIC —ARKANSAS
**NOTE** My Commission Expires 02.20-2024
Please do not pay from Affidavit. Commission No. 12397118
Invoice will be sent.
Ordinance: 6417
File Number: 2021-0074
AMEND §157.03 ANNEXATION AND
ZONING MAP AMENDMENTS:
AN ORDINANCE TO AMEND
§ 157.03 ANNEXATION AND
ZONING MAP AMENDMENTS IN
CHAPTER 157 NOTIFICATION AND
PUBLIC HEARINGS TO CLARIFY
THAT HEARINGS BEFORE THE
PLANNING COMMISSION ARE
ONLY REQUIRED FOR PRIVATE
PARTY PETITIONS FOR
ANNEXATIONS AND
AMENDMENTS TO THE ZONING
MAP
WHEREAS, § 154.01(B) provides that a
proposed amendment to the Unified
Development Code, including zoning
map amendments, "may be adopted by
the City Council without prior referral to
the Planning Commission"; and
WHEREAS, the language in § 157.03 of
the Unified Development Code should
be amended to make it clear that only
petitions for annexation and
amendments to the zoning map initiated
by private parties are required to be
heard by the Planning Commission and
not those initiated by the City Council.
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 § 157.03
Annexation and Zoning Map
Amendments by repealing the
introductory statement and subsection
(A) and enacting a new introductory
statement and subsection (A) as follows:
"Notification of public hearings on
private party petitions for annexation
and zoning map amendments (including
planned zoning districts) shall occur as
follows:
(A) Public Hearing Required. Upon
receipt of a private party petition for
an annexation or an amendment to
the zoning map, the Planning
Commission shall hold a public
hearing on the proposed amendment."
PASSED and APPROVED on 3rMO21
Approved:
Lioneld Jordan, Mayor
Kara Paxton, City Clerk Treasurer
75391419 3/14/21