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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