HomeMy WebLinkAboutOrdinance 6459U� FArF iJf.&
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6459
File Number: 2021-0504
AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS:
AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP
AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION
DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL
WHEREAS, if an application for rezoning is denied by the Planning Commission, an appeal of such
denial to the City Council should require additional public notification.
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 the title of
§ 157.03 and its introductory language to read as follows:
"§157.03 Annexations, Zoning Map Amendments, And Rezonings
Notification of public hearings on private party petitions for annexations, zoning map amendments
and rezonings shall occur as follows:"
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 157.03(A) to
include rezoning to read as follows:
"(A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an
amendment to the zoning map, or a rezoning, the Planning Commission shall hold a public hearing
on the proposed amendment."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § I57.03(B) by
adding a new (B)(3) as follows:
"(3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with
Page 1 Printed on 7121121
Ordinance: 6459
File Number 2021-0504
zoning map amendment denied by the Planning Commission must give both the written and posted
notice of the appeal to the City Council as specified in this section at least fifteen (15) days prior to
the City Council meeting. Proof of notice shall be provided as required by this chapter."
PASSED and APPROVED on 7/20/2021
Attest:
Kara Paxton, City Clerk TreasurEr c-�
Page 2 Printed on 7121121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0504
Agenda Date: 7/20/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS:
AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO
REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING
REQUESTS IF APPEALED TO THE CITY COUNCIL
WHEREAS, if an application for rezoning is denied by the Planning Commission, an appeal of such denial to
the City Council should require additional public notification.
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 the title of § 157.03 and
its introductory language to read as follows:
"§ 157.03 Annexations, Zoning Map Amendments, And Rezonings
Notification of public hearings on private party petitions for annexations, zoning map amendments and
rezonings shall occur as follows:"
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 157.03(A) to include
rezoning to read as follows:
"(A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an amendment to
the zoning map, or a rezoning, the Planning Commission shall hold a public hearing on the proposed
amendment."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 157.03(B) by adding a
new (B)(3) as follows:
"(3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with zoning map
amendment denied by the Planning Commission must give both the written and posted notice of the appeal to
the City Council as specified in this section at least fifteen (15) days prior to the City Council meeting. Proof
of notice shall be provided as required by this chapter."
City of Fayetteville, Arkansas Page 1 Printed on 7/21/2021
Legistar ID No.:
AGENDA REQUEST FORM
FOR: Council Meeting of July 20, 2021
FROM: Council Member Sloan Scroggin
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND §157.03 ANNEXATION AND ZONING MAP
AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING
COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY
COUNCIL
APPROVED FOR AGENDA:
11
�n 21
Council Member Sloan Scroggin t bate
�� -----�►"-c 3 v
City Attorney A Williams Date
Approved as to form
III
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Jodi Batker
City Council Paralegal
CC: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Kit Williams, City Attorney
DATE: June 18, 2021
RE: New Requirement For Public Notification For Property Owner's Appeal
Of Planning Commission's Denial Of Rezoning
Council Member Sloan Scroggin asked Jonathan Curth and me to prepare
an amendment to the Unified Development Code to require a second public
notification if a rezoning applicant appeals to the City Council after being denied
by the Planning Commission. We worked in consultation with Council Member
Scroggin to come up with the most concise and clear way to accomplish
requiring this new notification requirement in the Unified Development Code. We
made a few very minor changes to §157.03 Annexation And Zoning Map
Amendments to include reference to rezoning requests and the required public
notification of rezoning requests denied by the Planning Commissions which are
then appealed to the City Council.
First the Title needed to be changed to add "Rezonings." Next the
introductory language for §157.03 also needed to include "rezonings." Thirdly,
we needed to amend §157.03(A) to add "rezoning." Finally, we needed to add a
new subsection (3) to §157.03(B). Below is how we suggest a slightly revised
§157.03 should read:
"157.03 Annexations, Zoning Map Amendments, And Rezonings
Notification of public hearings on private party petitions for annexations, zoning map amendments and rezonings
shall occur as follows:
(A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an amendment to the
zoning map, or a rezoning, the Planning Commission shall hold a public hearing on the proposed
amendment.
(B) Notice of Public Hearing. The applicant shall provide the following notice:
(1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with
separate addresses within 200 feet of the boundary line of the property on which the use is proposed.
Residents with separate addresses shall be notified by first class letter addressed to the 'current
resident' to each address found in the city's address point file.
(2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter:
(a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning
Commission. Proof of notice shall be provided as required by this chapter.
(b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning
Commission. Proof of notice shall be provided as required by this chapter.
(c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice in a
newspaper of general circulation in the city, at least one time, at least fifteen (15) days prior to
Planning Commission.
(3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with zoning map
amendment denied by the Planning Commission must give both the written and posted notice of the
appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council
meeting. Proof of notice shall be provided as required by this chapter."
This will add additional duties for the Planning Department staff and
additional costs and time for the rezoning applicant. We tried to keep these
additional costs as small as possible by not requiring an additional newspaper
publication and instead rely upon written mail notification of neighbors and new
signs posted on the site.
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(a) Written Notice. Written notice shall be provided at least seven (7) days prior to Subdivision
Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be
provided as required by this chapter.
(b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision
Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be
provided as required by this chapter.
(D) Large Scale Development applications that are subject to administrative approval are exempt from the
notification requirements of this code subsection, however, they are subject to and shall complete the public
notification requirements for a Large Site Improvement Plan application.
(Code 1965, App. C., Art. IV, §1; App. A., Arts. 5, 5(IIA), 8(12), 12(1); App. C., Art. V, §F; Ord. No. 1747, 6-29-70; Ord.
No. 1750, 7-6-70; Ord. No. 1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No. 2538, 7-3-79; Ord. No. 2582, 12-4-79;
Ord. No. 2603, 2-19-80; Ord. No. 2633, 5-20-80; Ord. No. 2710, 3-24-81; Ord. No. 2779, 11-17-81; Ord. No. 2980, 2-
7-84; Ord. No. 3128, 10-1-85; Ord. No. 1747, 6-29-70; Code 1991, §§159.54, 159.68, 160.032, 160.035, 160.121(L),
(M), 160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §§6, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 5183, 10-7-08; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6212 , §2, 8-6-19)
157.03 Annexations, Zoning Map Amendments, And Rezonings
Notification of public hearings on private party petitions for annexations, zoning map amendments and rezonings
shall occur as follows:
(A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an amendment to the
zoning map, or a rezoning, the Planning Commission shall hold a public hearing on the proposed
amendment.
(B) Notice of Public Hearing. The applicant shall provide the following notice:
(1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with
separate addresses within 200 feet of the boundary line of the property on which the use is proposed.
Residents with separate addresses shall be notified by first class letter addressed to the 'current
resident' to each address found in the city's address point file.
(2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter:
(a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning
Commission. Proof of notice shall be provided as required by this chapter.
(b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning
Commission. Proof of notice shall be provided as required by this chapter.
(c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice in a
newspaper of general circulation in the city, at least one time, at least fifteen (15) days prior to
Planning Commission.
(3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with zoning map
amendment denied by the Planning Commission must give both the written and posted notice of the
appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council
meeting. Proof of notice shall be provided as required by this chapter.
(Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No.
3716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No.
5920, §1, 10-18-16; Ord. No. 6212, §2, 8-6-19; Ord. No. 6417 §1, 3-2-21)
(Supp. No. 21)
Created: 2021-05-06 12:04:59 [EST]
Page 8 of 12
e -lv f (lei 4- L#4Li
(a) Written Notice. Written notice shall be provided at least seven (7) days prior to Sybdivlslon
Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be
provided as required by this chapter.
(b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision
Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be
provided as required by this chapter.
(D) large Stale Development applications that are subject to administrative approval are exempt from the
notification requirements of this code subsection, however, they are subject to and shall complete the public
notification requirements for a Large Site Improvement Plan application.
(Code 1965, App. C., Art. IV, §1; App. A., Arts. 5, 5(IIA), 8(12), 12(1); App, C., Art. V, §F; Ord. No. 1747, 6-29-70; Ord.
No.1750, 7-6-70; Ord. No.1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No. 2538, 7-3-79; Ord. No. 2582,12-4-79;
Ord. No. 2603, 2-19.80, Ord. No. 2633, 5-20.80; Ord. No. 2710, 3-24-81; Ord. No. 2779, 21-27-81; Ord. No. 2980, 2-
7-84; Ord. No. 3228,10-1-85; Ord. No. 1747, 6-29-70; Code 1991,§§159.54,159.68,160.032, 160.035, 160.121(L),
(M), 160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §§6, 7,10-3-95; Ord. No. 4100, §2 {Ex. A), 6-16-98; Ord.
No. 5183,10-7-08; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6212, §2, 8-6-19)
157.03 Annexation And Zoning Map Amendments
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.
(B) Notice of Public Hearing, The applicant shall provide the following notice:
(1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with
separate addresses within 200 feet of the boundary line of the property on which the use Is proposed.
Residents with separate addresses shall be notified by first class letter addressed to the 'current
resident' to each address found In the city's address point file.
(2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter:
(a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning
Commission, Proof of notice shall be provided as required by this chapter.
(b) Posted Notice, The applicant shall post notice at least fifteen (15) days prior to Planning
Commission, Proof of notice shall be provided as required by this chapter.
(c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice In a
newspaper of general circulation In the city, at least one time, at least fifteen (15) days prior to
Planning Commission.
(Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No.
3716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No, 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No.
5920, §1,10-18-16; Ord. No. 6212 , §2, 8-6-19; Ord. No. 6417 §1, 3-2-21)
157.04 Indefinitely Tabled Rezoning Ordinance
If the City Council removes from the table any Indefinitely tabled rezoning ordinance, the City Council may not pass
this ordinance at that meeting. The applicant shall be required to repost the Planning Department's notice signs
(Supp. No. 21)
Page 8 of 12
Created: 2021-05.06 12:04:59 [EST]
Democrat a�et�e
PC 2CY ,E07, -/,'FI IF%,-ILLc, i,P 727C - 47y4''N 00 - }:4x 1'79-595.11'9 - tV'OV,' "2;4k0G. Otr
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 6459
Was inserted in the Regular Edition on:
July 25, 2021
Publication Charges: $135.28
lam_
Brittany mith
Subscribed and sworn to before me
ThisZ(_ day ofJ, , 2021.
— C"49 C�L
Notary Public
My Commission Expires: 2-)24 16
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC -ARKANSAS
My Commission Expires 02-20-2024
Commission No.12397118
Ordinance: 6459
File Number: 2021-0504
AMEND §157.03 ANNEXATION AND
ZONING MAP AMENDMENTS:
AN ORDINANCE TO AMEND
§157.03 ANNEXATION AND
ZONING MAP AMENDMENTS TO
REQUIRE PUBLIC NOTIFICATION
OF PLANNING COMMISSION
DENIALS OF REZONING REQUESTS
IF APPEALED TO THE CITY
COUNCIL
WHEREAS, if an application for
rezoning is denied by the Planning
Commission, an appeal of such denial to
the City Council should require
additional public notification.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the title of
§ 157.03 and its introductory language to
read as follows:
"§157.03 Annexations, Zoning Map
Amendments, And Rezonings
Notification of public hearings on
private party petitions for annexations,
zoning map amendments and rezonings
shall occur as follows:"
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §157.03(A) to include rezoning
to read as follows:
"(A) Public Hearing
Required. Upon receipt of a private party
petition for an annexation, an
amendment to the zoning map, or a
rezoning, the Planning Commission shall
hold a public hearing on the proposed
amendment."
Section 3: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §157.03(B) by adding a new
(B)(3) as follows:
"(3) Appeal of Planning Commission
Denial of Rezoning Request. Applicants
for a rezoning with zoning map
amendment denied by the Planning
Commission must give both the written
and posted notice of the appeal to the
City Council as specified in this section
at least fifteen (15) days prior to the City
Council meeting. Proof of notice shall be
provided as required by this chapter."
PASSED and APPROVED on
7/20/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75444834 July 25, 2021
