HomeMy WebLinkAboutOrdinance 6600S Y►rCr,
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6600
File Number: 2022-0729
AMEND §157.02 DEVELOPMENT:
AN ORDINANCE TO AMEND § 157.02 DEVELOPMENT IN CHAPTER 157
NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO
REQUIRE PUBLIC NOTIFICATION OF ADMINISTRATIVE ITEMS AND VARIANCES
CONSIDERED BY THE PLANNING COMMISSION
WHEREAS, this amendment will make the Unified Development Code requirements for public
notification clearer to those who apply for development approval when seeking a variance or other
development related approval submitted as an administrative item.
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 § 157.02(B) and
enacts a replacement § 157.02(B) as follows:
"(B) Applicability. Development applications include, for the purpose of notification, preliminary plats,
concurrent plats, large scale developments, variances from development requirements as listed in §
156.03(C) and § 156.07(A), and administrative items. If an application does not require a public
hearing, notification is not required."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 157.02(C) and
enacts a replacement § 157.02(C) as follows:
"(C) Notice of Public Hearing. For all development applications related to specific properties, the
applicant shall provide the following notice:"
Page 1 Punted on 9122122
Ordinance: 6600
File Number: 2022-0729
PASSED and APPROVED on 9/20/2022
Attest: t���►ERK 1 T'��ir
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Kara Paxton, City Clerk Treasurer
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Page 2 Printed on 9122122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0729
Agenda Date: 9/20/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.2
AMEND §157.02 DEVELOPMENT:
AN ORDINANCE TO AMEND § 157.02 DEVELOPMENT IN CHAPTER 157 NOTIFICATION
AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC
NOTIFICATION OF ADMINISTRATIVE ITEMS AND VARIANCES CONSIDERED BY THE
PLANNING COMMISSION
WHEREAS, this amendment will make the Unified Development Code requirements for public notification
clearer to those who apply for development approval when seeking a variance or other development related
approval submitted as an administrative item.
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 § 157.02(B) and enacts a
replacement § 157.02(B) as follows:
"(B) Applicability. Development applications include, for the purpose of notification, preliminary plats,
concurrent plats, large scale developments, variances from development requirements as listed in § 156.03(C)
and § 156.07(A), and administrative items. If an application does not require a public hearing, notification is not
required."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 157.02(C) and enacts a
replacement § 157.02(C) as follows:
"(C) Notice of Public Hearing. For all development applications related to specific properties, the applicant
shall provide the following notice:"
City of Fayetteville, Arkansas Page 1 Printed on 912212022
Britin Bostick
Submitted By
City of Fayetteville Staff Review Form
2022-0729
Legistar File ID
9/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/19/2022 LONG RANGE PLANNING (634)
Submitted Date Division / Department
Action Recommendation:
Approve ADM-2022-0039: Administrative Item (Amend UDC Chapter 157 - Notification and Public Hearings)
Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 157.02 - Development. The proposed
code change would amend public notification requirements to include administrative items considered by the
Planning Commission and Planning Commission variance items.
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? No
Current Budget
$ -
Funds Obligated
$ -
Current Balance
Does item have a cost? No
Item Cost
$ -
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 6, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
CITY COUNCIL MEMO
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
Sherry Marie Smith, Long Range & Preservation Planner
DATE: August 19, 2022
SUBJECT: ADM-2022-0039: Administrative Item (Amend UDC Chapter 157 - Notification
and Public Hearings): Submitted by CITY OF FAYETTEVILLE STAFF. The
request is an amendment to 157.02 - Development. The proposed code change
would amend public notification requirements to include administrative items
considered by the Planning Commission and Planning Commission variance
items.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to the Unified
Development Code amending § 157.02, Development in Chapter 157, Notification and Public
Hearings, and amending § 157.02(B), Applicability, to include variances from development
requirements and administrative items in the list of applicable development applications. The
recommendation also includes amending § 157.02(C), Notice of Public Hearing, to specify that
notice for a public hearing is for the applicable development applications listed in § 157.02(B)
when related to specific properties.
BACKGROUND:
Chapter 157 of the Fayetteville Unified Development Code (UDC) outlines public notification
requirements for projects with public hearings. Among these requirements, § 157.02(B) specifies
notification requirements for preliminary plats, concurrent plats, and large scale developments.
Administrative items and development variances reviewed by the Planning Commission are not
listed in that set of development applications. While items with a public hearing do require
notification, and both administrative items and development variances reviewed by the Planning
Commission are required to have public hearings, the language in this section of the code is not
explicit regarding those two development application types.
The City's Planning Commission has considered 23 administrative items thus far in 2022, not yet
reaching the peak of 2018-2019 with 40 and 41 applications, respectively. Development variances
considered by the Planning Commission have reached 46 thus far in 2022 and are on track to be
the largest number of development variance applications considered since at least 2017.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Applications Reviewed b the Fayetteville Planning Commission, 2017-2022 current)
Application Type
2017
2018
2019
2020
2021
2022 (to date)
Administrative Item
28
40
41
17
31
23
Variance
36
58
48
37
35
46
With this large number of applications, there is a need for clarity in the code regarding notification
requirements for applications with a public hearing. This has a two -fold benefit. It provides clear
expectations for applicants, and it also ensures that the public receives notice when variances or
alternative standards are requested. By including administrative items and development
variances in the notification requirements under § 157.02(B), both items will have clarity in the
requirement for notice via signs and letters, 15 days prior to the Planning Commission meeting.
The requirement and practice are already in place as policy, but this amendment would codify
that requirement in the section of the UDC that addresses public notification for applications in
the same category.
DISCUSSION:
The purpose of this amendment is to make the UDC requirements for public notification clearer
to those who apply for development approval when seeking a variance or other development -
related approval submitted as an administrative item. This clarification on notification also benefits
the public by providing for two forms of notice to them, consistent with other development
application types and with current policy. As development in Fayetteville continues at a rapid
pace, the public, especially nearby property owners, may have questions, concerns or comments
about applications. Public notification requires applicants to issue clear information about where
to address those questions, concerns and comments. As a note, development variances differ
from zoning variances, and are considered by separate bodies. Variances from development
requirements listed in § 156.03(C) and § 156.07(A) are reviewed by the Planning Commission.
Zoning variances are publicly notified prior to a Board of Adjustment hearing under a separate
process described in § 157.07.
At their August 8, 2022 meeting, the Planning Commission evaluated the amendment described
above before forwarding to the City Council, recommending approval. Commissioner Winston
made the motion to forward with Commissioner Garlock providing the second. A vote of 8-0-0
followed. The Commissioners did not have questions or discussion on the item as it had been
considered in the Long Range Planning Committee without objection. Public comment received
prior to the Planning Commission meeting was that the agenda item caption was confusing, and
the caption was updated to clarify that the notification requirements apply only to development
variances and administrative items reviewed by the Planning Commission.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Proposed Ordinance — Exhibit "A"
• Proposed Ordinance Amendment in Strikeout/Highlight
EXHIBIT'A'
ADM-2022-0039
157.02 Development
Notification of public hearings for development applications shall occur as follows:
(A) Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee and/or
Planning Commission, in accordance with the Unified Development Code the established bylaws of the
Planning Commission.
(B) Applicability. Development applications include, for the purpose of notification, preliminary plats, concurrent
plats, large scale developments, variances from development requirements as listed in Sec. 156.03(C) and
Sec. 156.07(A), and administrative items. If an application does not require a public hearing, notification is
not required.
(C) Notice of Public Hearing. For all development applications related to specific properties, 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 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.
157.02 Development
Notification of public hearings for development applications shall occur as follows:
(A) Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee and/or
Planning Commission, in accordance with the Unified Development Code the established bylaws of the
Planning Commission.
(B) Applicability. Development applications include, for the purpose of notification, preliminary plats, concurrent
plats, a44d-large scale developments, variances from development requirements as listed in Sec. 156.03(C)
and Sec. 156.07(A), and administrative items. If an application does not require a public hearing, notification
is not required.
(C) Notice of Public Hearing. For all development applications related to specific properties, Tthe 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 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)
(Supp. No. 25)
Created: 2022-06-22 11:S0:13 [EST]
Page 1 of 1
NORTHWEST ARKAWS
Democrat V Gazette
p,g Kn 16(H7 Fr YEVEVILL'e.6P, 72"2• e;c.teE 00-.A%.175.695.1119•'NVIWWIIAD31,0I+
AFFIDAVIT OF PUBLICATION
1, Paola Lopez, 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 snit
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
one month before the date of the first publication of said advertisement; and the
said advertisement was published in the regular daily issues of said newspaper
as slated below.
City of Fayetteville -Clerks Office
Ord.6600
Was inserted in the Regular Edition on:
October 2, 2022
Publication Charges: $123.12
Subscribed and mom to before me
This 4 day of D.4- , 2022.
C
Notary Public
My Commission Expires:
**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
2022-0729
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