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