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Home My WebLink AboutOrdinance 6578113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6578 File Number: 2022-0499 AMEND §159.01 FEES: AN ORDINANCE TO AMEND § 159.01 FEES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CLARIFY THAT HOMELESS SHELTERS ARE EXEMPT FROM BUILDING PERMIT FEES WHEREAS, on November 5th, 2019, the City Council passed Ordinance 6255 to amend § 159.01(B)(10)(f)(ii) of the Unified Development Code to clarify that homeless shelters are exempt from building permit fees; and WHEREAS, on June 15th, 2021, the City Council passed Ordinance 6446 which amended various chapters in the Unified Development Code related to stormwater regulations but the exhibit containing revisions to § 159.01 inadvertently excluded the exemption for homeless shelters that had been approved in 2019. 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 repeals § 159.01(B)(10) (f)(ii) and enacts anew § 159.01(B)(10)(f)(ii), for the purpose of exempting homeless shelters from paying building permit fees, as follows: "(ii) Affordable Housing and Homeless Shelters. Construction of single family, non-profit multi -family supportive housing, and homeless shelters funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals, non-profit multi -family supportive Page 1 Printed on 6122122 Ordinance: 6578 File Number: 2022-0499 housing, and homeless shelters shall be exempted from payment of building permit fees." PASSED and APPROVED on 6/21/2022 Attest: �G11 1 EFR4[1I 7;eOAIA' Kara Paxton, City Clerk Treasurer '�.�o k1 NSp�. �A, �r�•tiG TO N .cd. `�� Page 2 Printed on 6122122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0499 Agenda Date: 6/21/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: D.3 AMEND §159.01 FEES: AN ORDINANCE TO AMEND § 159.01 FEES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CLARIFY THAT HOMELESS SHELTERS ARE EXEMPT FROM BUILDING PERMIT FEES WHEREAS, on November 5th, 2019, the City Council passed Ordinance 6255 to amend §159.01(B)(10)(f) (ii) of the Unified Development Code to clarify that homeless shelters are exempt from building permit fees; and WHEREAS, on June 15th, 2021, the City Council passed Ordinance 6446 which amended various chapters in the Unified Development Code related to stormwater regulations but the exhibit containing revisions to § 159.01 inadvertently excluded the exemption for homeless shelters that had been approved in 2019. 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 repeals § 159.01(B)(10)(f)(ii) and enacts a new § 159.01(B)(10)(f)(ii), for the purpose of exempting homeless shelters from paying building permit fees, as follows: "(ii) Affordable Housing and Homeless Shelters. Construction of single family, non-profit multi -family supportive housing, and homeless shelters funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be exempted from payment of building permit fees." City of Fayetteville, Arkansas Page 1 Printed on 612212022 City of Fayetteville Staff Review Form 2022-0499 Legistar File ID 6/21/2022 City Council meeting Date -Agenda Item Only N/A for Non -Agenda Item Blake Pennington 5/26/2022 CITY ATTORNEy(021) Submitted By Submitted Date Division / Department Action Recommendation: An ordinance to amend §159.01 Fees of the Fayetteville Code to clarify that Homeless Shelters are exempt from Building Permit Fees. n/a Account Number n/a Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: n/a Fund n/a Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: LI O1'FTCE OF THE CITY ATTORNEY TO: FROM: DATE: RE: DEPARTMENTAL CORRESPONDENCE Q) Kit Williams City Attorney Blake Pennington Assistant City Attorney Mayor Jordan Jodi Batker City CounCll Parnlegal Blake Pennington, Assistant City Attorne May 26, 2022 Homeless Shelter exemption from building permit fees On November 5, 2019, the City Council passed Ordinance 6255 to amend §159.01(B)(10)(f)(ii) of the Unified Development Code to clarify that homeless shelters are exempt from building permit fees, water and wastewater impact fees, police and public safety impact fees, and fire protection system impact fees. In 2021, a series of amendments to the Unified Development Code's stormwater regulations worked its way through the review process, including Planning Commission review. Ultimately, the City Council adopted those changes on June 15, 2021, by passing Ordinance 6446. Unfortunately, the change adopted in Ordinance 6255 exempting homeless shelters from building permit fees was inadvertently excluded in one of the exhibits to Ordinance 6446 so, upon passage, that subsection reverted to what it said prior to the passage of Ordinance 6255. The Unified Development Code continues to exempt homeless shelters from the other impact fees listed above. The ordinance before the City Council will re-enact the language from Ordinance 6255 and ensure homeless shelters will continue to be exempt from building permit fees as was the City Council's intent in 2019. Pennington, Blake From: Johnson, Kimberly Sent: Tuesday, May 24, 2022 4:39 PM To: Pennington, Blake Subject: RE: Municode Update - 159.01(B)(10)(f)(ii) - Ord 6255 Hi Blake, Thank you for allowing me some time to check into this since we have been understaffed. This is what I have figured out. Section 1 of Ordinance 6255 that passed on 11/5/19 was amended by Ordinance 6446 on 6/15/21. Ordinance 6446 in Section 7 repeals 159.01 Fees/Schedule and enacted a replacement 159.01 with Exhibit B. So, the codification was done correctly as instructed with the amendment of Ordinance 6446, Section 7, Exhibit B. Based on what you said in your email below, it unfortunately sounds like 159.01(B)(10)(f)(ii) should not have been inserted in Exhibit B to be amended. If that is the case, then that section of code will need to go back before Council to be amended. Please see the links for your convenience. Link to Section 159.01: httos://library municode com/ar/fayettevillelcodes/code of ordinances�nodeld=CD ORD TIT%VUNDECO CH159FE 15 9.01FESC Link to Ord 6446: https://library municode com/ar/Fayetteville/ordinances/code of ordinances?nodeld=1092299 Thank you. Kim Johnson, 13sz, cM(, c -m( Deputy City Clerk - Codifier Office of the City Clerk Treasurer City of Fayetteville, Arkansas kiohnson(afavetteville-ar gov 479.575.8310 CITY OF FAYETTEVILLE ARKANS ARKANSAS From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Wednesday, April 27, 2022 2:29 PM To: Johnson, Kimberly <kjohnson@fayetteville-ar.gov> Subject: Municode Update - 159.01(B)(10)(0(11) - Ord 6255 Kim, Not to add to the pile on your plate but, whenever you get an opportunity, would you please check Section 159.01(B)(10)(f)(ii) on Municode against the changes that were approved in Ordinance 6255 on 11/5/2019? Link to Section 159.01: htt t�s://library municode com/ar/fayetteville/codes/code of ordinancesfiodeld=CD ORD TITXVUNDECO CH159FE 15 9.01FESC Link to Ord 6255: htti2s:lllibra!y.municode.com/arLLayetteville/ordinances/code of ordinances?nodeld=989720 Section 1 of Ord. 6255 repealed and replaced that section but the language online does not match what is in Ord 6255. It looks like Sections 2, 3 and 4 of Ord 6255 are correctly reflected in Municode but Section 1 didn't make it into the changes. Blake E. Pennington Assistant City Attorney 113 W. Mountain St, Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 bocnnmton,Wfayellcs�i le-aLgov pn luousn Facebook I Twitter I Instagram I YouTube