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HomeMy WebLinkAboutOrdinance 6635113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6635 File Number: 2022-255 AMEND §157.05 CONDITIONAL USE PERMIT: AN ORDINANCE TO AMEND SUBSECTION (B) OF §157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION WHEN THE DENIAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION IS APPEALED TO THE CITY COUNCIL WHEREAS, both City staff and the Planning Commission recommend the adoption of an amendment to require public notification when the City Council holds a public hearing on the appeal of a denied conditional use permit application. 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 § 157.05 (B) by enacting subsection (B)(3) as follows: "(B)(3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a Conditional Use Permit 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 January 3, 2023 Attest: ►PLC;• Y O ••,��ri Kara Paxton, City Clerk Treasurer =U; f=AYETTEvll_Lf. " Page 1 EXHIBIT'A' ADM-2022-0060 167.06 - Conditional Use Permit Notification of public hearings for conditional use permits shall occur as follows: (A) Public Hearing Required. A public hearing shall be held by the Planning Commission for consideration of a conditional use permit. (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 the Planning Commission meeting. Proof of notice shall be provided as required by this chapter. (3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a Conditional Use Permit 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. (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; Facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprise; outdoor music establishments; sexually oriented business; (a) Who Gets Notice. All landowners within 500 feet of the boundary line of the property on which the use is proposed. CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JANUARY 3, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: December 15, 2022 SUBJECT: AMEND §157.05 CONDITIONAL USE PERMIT RECOMMENDATION: 2022-255 AN ORDINANCE TO AMEND SUBSECTION (B) OF §157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION WHEN THE DENIAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION IS APPEALED TO THE CITY COUNCIL BACKGROUND: Section 157.05 of the Unified Development Code specifies notification requirements for Conditional Use Permits (CUPs). Although the denial or partial denial of a Conditional Use Permit request by the Planning Commission may be appealed to the City Council, there is not currently a requirement for an appeal to the City Council, which requires a public hearing, to also have public notification. On July 20, 2021 the Fayetteville City Council approved Ordinance No. 6459 amending Section 157.03 of the Unified Development Code (UDC) to require public notification when the denial of a rezoning request by the Planning Commission is appealed to the City Council. The notification requirements for this appeal are both written and posted notice, with posted notice required at least 15 days prior to the City Council meeting and written notice by first class mail to landowners and residents within 200 feet of the subject property. The proposed amendment would implement a similar requirement for the appeal of CUPs denied by the Planning Commission. The City's Planning Commission considered 101 CUP applications in 2022, 70 of which were for Type 2 short- term rentals. 133 CUP applications have been submitted this year as of December 14, 2022. 8 CUP applications have been denied by the Planning Commission thus far in 2022, with 5 being appealed to the City Council. DISCUSSION: The purpose of this amendment is to add a requirement for public notification when the City Council holds a public hearing on the appeal of a denied CUP application. The initial public hearing for a CUP requires posted and written notification, which alerts neighbors to the consideration of a proposed use that may have impacts on adjacent or neighboring properties. The primary consideration for approval of a CUP is compatibility, and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the public hearing plays a role in that consideration. In evaluating whether to remove the CUP requirement for Type 2 short-term rentals the Council has expressed a preference to retain the requirement, at least in residential zoning districts, for the purpose of the notification and public hearing requirements attached to that application. By requiring the same notification when a CUP denial is appealed, neighbors to the subject property have the opportunity to be made aware of the second public hearing on the item and comment if they choose. The appeal of an approved CUP to the City Council would not require notification, consistent with the appeal notification requirement for rezonings. Should an applicant appeal a decision to deny a CUP, they would be responsible for the required notification. Should neighbors to the subject property appeal the approval of a CUP, notification would not be required. When the Planning Commission considered the item in their December 12, 2022 meeting there was unanimous support for the item and Commissioner Garlock commented on the need for neighborhoods to be notified in the event a denied application was appealed. Commissioner Garlock then made the motion to recommend approval of the item, seconded by Commissioner Canada. A vote of 7-0-0 followed. No public comment was received either prior to or during the public hearing. City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code amending § 157.05, Conditional Use Permit in Chapter 157, Notification and Public Hearings to add § 157.05(B)(3) to require written and posted notification when a Planning Commission denial of a Conditional Use Permit application is appealed to the City Council. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Proposed Ordinance — Exhibit "A", Proposed Ordinance Amendment in Strikeout/Highlight Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2022-255 Item ID 1/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2022 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: ADM-2022-0060: Administrative Item (Amend UDC Chapter 157.05/City Staff): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 157.05 — Conditional Use Permit. The proposed code change would amend public notification requirements to require notification when the denial of a Conditional Use Permit by the Planning Commission is appealed to the City Council. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # 6212 Change Order Number: Original Contract Number: Comments: Approval Date: 8/6/2019 EXHIBIT'A' ADM-2022-0060 157.05 - Conditional Use Permit Notification of public hearings for conditional use permits shall occur as follows: (A) Public Hearing Required. A public hearing shall be held by the Planning Commission for consideration of a conditional use permit. (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 the Planning Commission meeting. Proof of notice shall be provided as required by this chapter. (3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a Conditional Use Permit 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. (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; Facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprise; outdoor music establishments; sexually oriented business; (a) Who Gets Notice. All landowners within 500 feet of the boundary line of the property on which the use is proposed. 157.05 - Conditional Use Permit Notification of public hearings for conditional use permits shall occur as follows: (A) Public Hearing Required. A public hearing shall be held by the Planning Commission for consideration of a conditional use permit. (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 the Planning Commission meeting. Proof of notice shall be provided as required by this chapter. (3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a Conditional Use Permit 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. (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; Facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprise; outdoor music establishments; sexually oriented business; (a) Who Gets Notice. All landowners within 500 feet of the boundary line of the property on which the use is proposed. (Code 1965, §18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898, 1-16-73; Code 1991, §98.13; Ord. No. 3925, §1, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No 1779, 2-01-71; Ord. No. 5127, 4-1-08; Ord. No. 5183, 10-7-08; Ord. No. 6212, §§2, 3, 8-6-19) ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION (B) OF § 157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION WHEN THE DENIAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION IS APPEALED TO THE CITY COUNCIL WHEREAS, both City staff and the Planning Commission recommend the adoption of an amendment to require public notification when the City Council holds a public hearing on the appeal of a denied conditional use permit application. 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 § 157.05 (B) by enacting subsection (13)(3) as follows: "(13)(3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a Conditional Use Permit 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." %W RECAD 'AN 17S "^' ESTAM1WITY Democrat V One& CITY OFFICE AFFIDAVIT OF PUBLICATION I, 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 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. 6635 Was inserted in the Regular Edition on January 11, 2023 Publication Charges: $92.30 Paola Lopez Subscribed and sworn to before me �s This /C�J daayy ofVFF , 2023. n\ }�6132 T21 t Notary Public �Q,$ C �- )I ,,, •a.' My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. 6635 1157.05 CONDITIONAL USE NANCE TO AMEND ION on OF §157.05 DNAL USE PERMIT IN t 157 NOTIFICATION AND DEVELOPMENT CODE TO THE DENIAL OF A rIONAL USE PERMIT BY M, both City stalfand the Commission..nd the ofan amendment In require tification when the City ammit application. NOW THEREFORE, BE IT 3RDAINED BY THE CITY COUNCIL 3F THE CITY OF FAYETTEVILLE, Section 1: The the City Council of the :ity ofFayeaeville, Arkansas hereby upends §157.05 (B) by enacting :ubacclioo (B)(3) as follows: "(BN3) Appcal of Planning :ommission Denied of Conditional Use 'emit Request. Applicants for a 'cu difional Use Pwmit denied by the 'tanning Commission must give both In, wriffen and Posted notice ofthe ppeal In the City Council as specified m his section at lean fiRcen (15) days rrior to the City Council mcctlng. Proof rfrunice shall be provided as required ry this chapter." 'ASSED aM APPROVED on January 1.2023 :Id Jordan, Mayor Psaton, City Clerk Treasurer )ublication was paid for by the $Q30 IIS023 OF :AYE TTF. �xll/ v : F II gRKANSPS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6635 File Number: 2022-255 AMEND § 157.05 CONDITIONAL USE PERMIT: AN ORDINANCE TO AMEND SUBSECTION (B) OF § 157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION WHEN THE DENIAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION IS APPEALED TO THE CITY COUNCIL WHEREAS, both City staff and the Planning Commission recommend the adoption of an amendment to require public notification when the City Council holds a public hearing on the appeal of a denied conditional use permit application. 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 § 157.05 (B) by enacting subsection (B)(3) as follows: "(B)(3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a Conditional Use Permit 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 January 3, 2023 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $92.30 Page 1 Ordinance: 6635 File Number: 2022-255 Page 2