HomeMy WebLinkAbout41-22 RESOLUTIONt2w
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 41-22
File Number: 2022-0146
HABITAT FOR HUMANITY'S PROPOSED HOUSES IN SOUTH FAYETTEVILLE:
A RESOLUTION TO WAIVE DEVELOPMENT PERMIT FEES FOR HABITAT FOR
HUMANITY'S PROPOSED HOUSES IN SOUTH FAYETTEVILLE
WHEREAS, the Unified Development Code authorizes a City Council member to "present a
resolution to the City Council to waive or reduce development permit fees (to) ... serve the public
interest ... or be beneficial to the city as a whole" § 159.01 (A) of the Unified Development Code;
and
WHEREAS, assisting Habitat for Humanity's currently proposed project to build about 8 houses
with the sweat equity of their new owners and volunteer efforts could provide valuable and very
affordable and attainable permanent housing for several Fayetteville families; and
WHEREAS, building permit fees for "non-profit services organizations such as Habitat for Humanity
.. shall be exempted from payment of building permit fees." § 159.01 (i)(ii).
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 determines that waiving all
development review permit fees related to Habitat for Humanity's proposed project to build several
houses in south Fayetteville is in the public interest and beneficial to Fayetteville as a whole to assist in
the creation of several much needed affordable houses for our citizens and families.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby waives all development
permit fees for Habitat for Humanity's proposed project as authorized by § 159.01 (A) of the Unified
Development Code.
Page 1 Printed on 2116122
Resolution: 41-22
File Number.' 2022-0146
PASSED and APPROVED on 2/15/2022
Attest:
• • G1T Y � �q`�'•r':
Kara Paxton, City Clerk Treasurer~
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10
Page 2 Printed on 2(18/22
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0146
Agenda Date: 2/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: 1.
HABITAT FOR HUMANITY'S PROPOSED HOUSES IN SOUTH FAYETTEVILLE:
A RESOLUTION TO WAIVE DEVELOPMENT PERMIT FEES FOR HABITAT FOR HUMANITY'S
PROPOSED HOUSES IN SOUTH FAYETTEVILLE
WHEREAS, the Unified Development Code authorizes a City Council member to "present a resolution to
the City Council to waive or reduce development permit fees (to) ... serve the public interest ... or be
beneficial to the city as a whole" § 159.01 (A) of the Unified Development Code; and
WHEREAS, assisting Habitat for Humanity's currently proposed project to build about 8 houses with the
sweat equity of their new owners and volunteer efforts could provide valuable and very affordable and
attainable permanent housing for several Fayetteville families; and
WHEREAS, building permit fees for "non-profit services organizations such as Habitat for Humanity.. shall
be exempted from payment of building permit fees." § 159.01 (f)(ii).
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 determines that waiving all development
review permit fees related to Habitat for Humanity's proposed project to build several houses in south
Fayetteville is in the public interest and beneficial to Fayetteville as a whole to assist in the creation of several
much needed affordable houses for our citizens and families.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby waives all development permit
fees for Habitat for Humanity's proposed project as authorized by § 159.01 (A) of the Unified Development
Code.
City of Fayetteville, Arkansas Page 1 Printed on 211612022
City Council Walk On 02/15/22
Legistar ID No.: 2022- 0146
AGENDA REQUEST FORM
FOR: Council Meeting of February 15, 2022
FROM: Council Member Sonia Harvey
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO WAIVE DEVELOPMENT PERMIT FEES FOR HABITAT FOR
HUMANITY'S PROPOSED HOUSES IN SOUTH FAYETTEVILLE
APPROVED FOR AGENDA:
f JG+I W v e k4 e W i4 1 1
City Council Member
Sonia Harvey
City Attorney Kit Williams
Approved as to form
-2-ll- Z-2
Date
Date
Williams, Kit
From: Harvey, Sonia
Sent: Friday, February 11, 2022 2:35 PM
To: Batker, Jodi; Williams, Kit
Subject: Re: Habitat for Humanity project
Looks good. Thank you. Approved.
Sonia Harvey
Fayetteville City Council Member
Ward 1, Position 1
(479) 409-5064
Report a concern:
http://www.fayetteville-ar.gov/1782/Report-a-Concern
Speak up on City projects:
https:Hspeakup.fayetteville-ar.gov/
From: Batker, Jodi <jbatker@fayetteville-ar.gov>
Sent: Friday, February 11, 2022 2:33:14 PM
To: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>
Subject: RE: Habitat for Humanity project
Sonia, please find attached the Agenda Request for your review and approval.
Thank you.
Jodi Batker
Paralegal
113 W. Mountain St., Suite 302
Fayetteville, Arkansas 72701
Telephone: (479) 575-8313
ibatkei s Fayettevillee-ar.gov
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Facebook I Twitter I Instagram I YouTube
From: Harvey, Sonia
Sent: Friday, February 11, 2022 1:07 PM
To: Williams, Kit <kwiIlia ms@fayetteville-ar.gov>
Cc: Batker, Jodi <jbatker@fayetteville-ar.gov>
Subject: Re: Habitat for Humanity project
Sounds great, thank you!
Sonia Harvey
Fayetteville City Council Member
Ward 1, Position 1
(479)409-5064
Report a concern:
http://www.favetteville-ar.gov/1782IReport-a-Concern
Speak up on City projects:
htt s: s eaku .fa etteville-ar. ov
From: Williams, Kit <kwilliams _ favetteville-ar.pov>
Sent: Friday, February 11, 2022 12:53:41 PM
To: Harvey, Sonia <sonia.harve fa etteville-ar. ov>
Cc: Batker, Jodi <ibatker@fay, etteviile-ar.gov>
Subject: RE: Habitat for Humanity project
Sonia,
Thanks. I will finish my memo and get it into Legistar. Jodi should send you an Agenda request form. You can
acknowledge your approval by email to us.
Kit
From: Harvey, Sonia
Sent: Friday, February 11, 2022 9:28 AM
To: Williams, Kit <kwilliams@favetteville-ar.goy>
Subject: Re: Habitat for Humanity project
Beautiful. Yes! Love it! Let's move forward.
Sonia Harvey
Fayetteville City Council Member
Ward 1, Position 1
(479)409-5064
Report a concern:
htti2://www.favetteville-ar.gov/1782/`Report-a-Concern
Speak up on City projects:
https://speakup.favetteville-ar.gov
From: Williams, Kit <kwilliams favetteville-ar.goy>
Sent: Thursday, February 10, 2022 5:35:01 PM
To: Harvey, Sonia <sonia.harvev@favetteville-ar.Rov>
Subject: Habitat for Humanity project
Sonia,
Here is a draft of a possible resolution which would waive development review permit fees for Habitat for
Humanity's current project. This could be amended later to include recommending that the City actually build the
required infrastructure such as water and sewer mains, curbs, gutters and sidewalks and the widening of the street to
fire safety widths.
The city is trying to determine what the costs will likely be to extend the mains under the old Highway 71 in this
location. The Street is very wide there and there could be so much rock that boring under the street would be cost
prohibitive. The City will need to investigate this whole situation to ensure we are doing what is best for our citizens.
If this draft is okay, we can get it started into Legistar tomorrow. Please let me know of any changes that would
be advisable, and I will make them.
Kit
3
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Susan Norton, Chief of Staff
Paul Becker, Chief Financial Officer
Jonathan Curth, Development Services Director
FROM: Kit Williams, City Attorney
DATE: February 11, 2022
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
RE: Waiving development fees for Habitat for Humanity proposed
development
The Fayetteville City Council has long supported and done what is
constitutionally permissible to help Habitat for Humanity's efforts to assist hard-
working and needy families obtain modest, but quality single family houses. One
legal assistance would be the waiving of development permit fees which are
charged to partly offset the City's costs of analyzing and administering the
development review process.
The City Council may waive these by Resolution if the City Council
determines such waiver "would serve the public interest, alleviate an unfair
burden upon the applicant, or be beneficial to the city as a whole..." Council
Member Sonia Harvey has requested that I draft the appropriate Resolution for
her to sponsor to help Habitat for Humanity goal of increasing affordable
housing for families in Fayetteville. This Resolution is now being presented to
the City Council for consideration.
The City Council through the Unified Development Fee has already
authorized City Staff to exempt Habitat for Humanity's housing from building
permit fees. U. D. C. § 156.01 (f)(ii). Our Water, Wastewater, Fire, and Police
Impact fees all also contain waiver provisions for non-profit groups such as
Habitat for Humanity endeavoring to construct and provide its very low cost,
decent houses to hard-working, but needy families.
Another issue is this proposed development is the needed construction of
water (and maybe wastewater) mains to the proposed site of the eight new,
single family houses. The City can cost share or even pay the whole of main
construction which will be city property. The City could also assist by widening
the currently too narrow street and even install curbs, gutters and sidewalks
along the frontage of the proposed houses as all this infrastructure will become
City property.
Normally, developers should and do pay to construct this infrastructure
that is necessary for the proper infrastructure and services to be provided to
persons in these new houses. Cities may not constitutionally appropriate tax
dollars for individuals (Article 12 §5 of the Arkansas Constitution) even to assist
worthy charities. However, cities are certainly empowered to build their own
infrastructure: water and sewer mains, streets, sidewalks, etc.
Whether and how much the City Council believes that the City should
invest to extend our water and sewer mains, widen the City street, build gutters,
curbs and sidewalks in the frontage of this project would be in addition to
waiving building and development permit fees.
2
RESOLUTION NO.
A RESOLUTION TO WAIVE DEVELOPMENT PERMIT FEES FOR HABITAT FOR
HUMANITY'S PROPOSED HOUSES IN SOUTH FAYETTEVILLE
WHEREAS, the Unified Development Code authorizes a City Council member to "present a
resolution to the City Council to waive or reduce development permit fees (to) ... serve the
public interest ... or be beneficial to the city as a whole" § 159.01 (A) of the Unified
Development Code; and
WHEREAS, assisting Habitat for Humanity's currently proposed project to build about 8
houses with the sweat equity of their new owners and volunteer efforts could provide valuable
and very affordable and attainable permanent housing for several Fayetteville families; and
WHEREAS, building permit fees for "non-profit services organizations such as Habitat for
Humanity.. shall be exempted from payment of building permit fees." § 15 9. 01 (f)(ii).
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 determines that waiving
all development review permit fees related to Habitat for Humanity's proposed project to build
several houses in south Fayetteville is in the public interest and beneficial to Fayetteville as a
whole to assist in the creation of several much needed affordable houses for our citizens and
families.,
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby waives all
development permit fees for Habitat for Humanity's proposed project as authorized by §159.01
(A) of the Unified Development Code.
PASSED and APPROVED this 151" day of February, 2022.
APPROVED:
ATTEST:
I0
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES 159.01
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 159. FEES
Sections:
159.01
Fees/Schedule
159,02
Water And Wastewater Impact Fees
159.03
Police And Public Safety Impact Fees
159.04
Fire Protection System Impact Fees
159.05-159.99 Reserved
159.01 Fees/Schedule
(A) Fees. Fees shall be imposed, asset forth below, to cover a portion of the cost of public notices
and such other expenses as may be incurred in connection with processing of applications,
plan reviews, amendments, permits, variances and other matters pertaining to the UDC.
An alderman may present a resolution to the City Council to waive or reduce development permit
fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it
is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon
an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or
waiver of permit fee.
(B) Fee schedule.
(1) General. Unless specific fees are otherwise adopted by the City Council, the following
schedule of fees is established.
(2) Signs.
(a) Signs. $25.00 for each sign.
(b) ' Windblown signs. $10.00.
(c) Sign variance. Filing fee: $25.00
(3) Development. The following application fees are due for each of the following develop-
ment review submittals:
(a) All concept plats. $50.00
(b) Lot splits or property line adjustments. $200.00
(c) Subsequent technical plat reviews for tabled items, after initial fee in item (d) below.
$200.00
(d) All Other Plat Reviews (Concurrent, Preliminary And Final):
Nonresidential
$800.00
10 or less residential units
_
$200.00
25 or less residential units
$400.00
26 or more residential units
$800.00
Supp. No, 22 CD159:1
FAYETTEVILLE CODE OF ORDINANCES 159.01
TITLE XV UNIFIED DEVELOPMENT CODE
(f) Exemptions from Permit Fees.
(i) Historical Buildings.
(a) Buildings identified and classified as historical buildings or structures by
state or local jurisdiction shall be exempt from permit fees.
(b) The Mayor may exempt all or part of the applicable permit fees for
buildings that can be proven to be more than fifty (50) years old. This
exemption shall apply only to owner -occupied, single-family dwellings
where there is to be no change of use or occupancy.
(ii) Affordable Housing. Construction of single family and non-profit multi -family
supportive housing funded wholly or primarily by federal Community Devel-
opment Block Grants, non-profit service organizations such as Habitat for
Humanity, Housing and Urban Development housing loans and similar pro-
grams designed to provide affordable, owner -occupied, single family resi-
dences to low income individuals and non-profit multi -family supportive hous-
ing shall be exempted from payment of building permit fees.
(iii) City -Owned Facilities. Construction projects that occur on city -owned proper-
ties for facilities that are partially or wholly owned by the city shall be exempted
from payment of building permit fees.
(g) Electrical.
(i) Electrical Permit Fees. Fees for permit shall be paid to the city, as follows:
(a) First four (4) meters, new or replacement, $20.00.
(b) For each additional meter on a building, $5.00.
(c) $0.25 per outlet, and $10.00 per inspection with electrical wiring in
concrete.
(d) Neon tube lighting shall be $10.00 for each transformer.
(e) A minimum fee for any electrical permit shall be $20.00.
(ii) Apprentice Electrician. Registration of an apprentice electrician, $10,00.
(h) Gas.
(1) Gas Permit Fees. Fees for gas permit shall be paid to the city, as follows:
(a) First five (5) fixtures for $20.00 plus $2.00 for each additional fixture.
(ii) Exceptions. Gas rangeslovens, domestic clothes dryers, and space heaters
not required to have a vent are exempted and gas permits are not required to
connect these appliances to an existing gas outlet in an existing piping
system.
Supp. No. 22 CD159:5