HomeMy WebLinkAboutOrdinance 2582 I
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ORDINANCE NO . aS8
AN ORDINANCE AMENDING APPENDIX A , ARTICLE 8 , SECTION 12
OF THE FAYETTEVILLE CODE OF ORDINANCES TO AMEND THE CITY ' S
PLANNED UNIT DEVELOPMENT REGULATIONS .
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BE IT ORDAINED BY THE FAYETTEVILLE BOARD OF DIRECTORS : -
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Section 1 . That Appendix A , Article 8 , Section 12 d�fLthe
Fayetteville Code of Ordinances is hereby amended to read as; `D
follows : ' it
12 . PLANNED UNIT DEVELOPMENT . - RESIDENTIAL
1 . 00 DEFINITION
Planned Unit Development (PUD) is a comprehensively aflledv
land development project in which the standard requirements
of the zoning ordinance and subdivision regulations are varied
to permit design flexibility , building clustering , grouping
of open space , increased density and alternatives to public
facility improvements . To be approved a PUD must comply with
the provisions of this Article and must achieve the following
purposes :
1 . More efficient use of land ;
2 . More efficient use of public facilities ;
3 . More usable open space through structure grouping
and other design techniques ; and ,
4 . Preservation of appropriate natural and / or physical
features .
2 . 00 ADMINISTRATION
2 . 10 Authorization and Permitted Uses - - PUD ' s are authorized
in the following zoning districts ; R- 1 , R- 2 , R- 3 , and
R- 0 . The uses permitted in the PUD shall be the same
uses permitted in the zoning district ( s ) in which
)ATE EB 2D 1990
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the PUD land area lies , except a PUD in an R- 1 District
may include all uses allowed in Use Unit 9 of the Zoning
Ordinance (Appendix A , Art . 6 , [ IX ] , [ B ] ) , except home
occupations . Commercial uses of a retail nature are not
permitted in a PUD unless the land on which they are to
be placed is zoned or rezoned commercial . Commercial
zoning and uses at locations other than as recommended
by the General Plan may only be considered when PUD ' s
exceed 500 dwelling units ; provided , non- residential uses
of a service nature for the convenience of the residents
and their guests and not designed to attract people living
outside the PUD development may be permitted in a PUD .
Such uses include , but are not limited to , laundries , child
care facilities , exercise facilities , game rooms , meeting
rooms , and recreation facilities . Uses not included above
but determined by the Planning Commission ( after public
hearing ) to be similar in nature may be permitted .
2 . 11 PUD Types - - Two kinds of Pud ' s may be approved under this
Article : (1 ) large area PUD , 5 acres or more , and ( 2 ) small
area PUD , less than 5 acres . Both kinds of PUD ' s shall be
processed according to the requirements of this Article ;
provided , in approving a small area PUD the Planning
Commission may restrict from use , any provision ( s ) of this
Article .
2 . 12 Density - - The dwelling unit density shall be the density
allowed in the zoning district in which the PUD is being planned .
If more than one zoning district �� cq
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permitting residential uses is invblved•, then the
maximum number of dwelling units shall be the
combined total of all districts , each district
being calculated separately according to its land
area times the density of the zoning district
covering that land area .
In addition to the dwelling unit density otherwise
permitted , the following density bonus is provided
for additional open space (as defined in Section
4 . 16 ) in the R- 1 District or setback area in all
districts ;
OPEN SPACE
% Open Space Permitted Dwelling
( Gross Land Area) Units Per Acre
35 7 . 50
40 8 . 00
45 8 . 50
50 9 . 00
SETBACK AREA
In an R- 1 , R- 2 , R- 3 District one additional dwelling unit may
be permitted for each additional 2200 square feet of additional
setback area measured from an existing R- 1 District or single -
family development . Only one of the above density bonus methods
may be granted by the Planning Commission for any PUD .
2 . 13 Perimeters - - When a PUD has a common perimeter with an R- 1
District , A- 1 District or single- family development the following
graduated setbacks shall apply to the external perimeter common
to the PUD and such districts or development :
Single- Family 25 '
Duplex 50 ' 767
Triplex 75 '
Quadraplex 100 '
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Other Multi - Family 150 '
Non- Residential 150 '
External setbacks when a PUD abutts any other zoning
district or development ( including another PUD in an A- 1
or R- 1 District ) shall be the same as that provided by the
zoning ordinance for the district ( s ) covering the PUD . In
addition to the above , any single structure containing more
than 2 units which exceeds one story shall be setback an
additional 1 foot for each one foot of height in excess of
10 feet when adjacent to an R- 1 District , A- 1 District or
single- family development .
Internal spacing between structures shall be a minimum
of 10 feet measured to the nearest point of the structure .
2 . 14 PUD Expansion- -A PUD may be expanded beyond its original
boundaries following the requirements of this ordinance .
The developer shall submit a development plan showing the
entire property within the PUD .
2 . 15 Changes Within a PUD- - Minor changes caused by conditions
unforeseen at the times of initial approval may be authorized
by the Planning Administrator without Planning Commission
approval . These changes include , but are not limited to :
structure location , structure character , location of sidewalks ,
trails , street lighting , parking , and changes in landscaping .
All other changes which in the opinion of the Planning Admin-
istrator or Planning Commission are major changes must be
approved by the Planning Commission .
2 . 16 Variance - - The Planning Commission may vary the requirements
of this Article ; of the City ' s zoning regulations „-'or of the
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City ' s subdivision regulations : ( 1 ) due to practical
difficulties caused by terrain or other physical features , or
( 2 ) if the proposal offered by the developer protects the
public health , safety , and welfare better than development
according to this Article , the zoning regulations , or the
subdivision regulations . Any variance granted by the Planning
Commission shall become valid unless overruled by the Board of
Directors within 21 days after the action of the Planning Commission .
Any variance shall be stated in written form , either on the
plat or as a signed document to be recorded with the plat .
2 : 17 Lot Splits Within a PUD- - Following Planning Commission approval
of a Final PUD Plan the Planning Administrator may approve an
unlimited number of lot splits within a PUD provided the
character or intent of the approved development plan is not
being changed .
2 , 18 Enforcement - - No building permit shall be issued for development
which proposes a change from the approved preliminary develop -
ment plan without the approval of the Planning Administrator
or Planning Commission . No certificate of occupancy shall be
issued until the final development plan has been approved and
filed of record in the County Courthouse . If structural con-
struction has not started within 18 months after issuance of
a building permit , the developer will be notified that the
PUD approval will be revoked unless the developer shows good
cause for the delay and the Planning Commission approves an
extension . If the PUD approval is revoked and rezoning
action was involved in the initial approval , the Planning
Commission may initiate action to return the original zoning to
the property . All decisions by the Building Inspector
or Planning Administrator related = 10- 0 769
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to PUD ' s maybe appealed to the Planning Commission and all
Planning Commission decisions may be appealed to the City
Board of Directors . The procedure for appeal shall be
the same as for an appeal of a rezoning decision .
2 . 19 Public Hearing- - For a small area PUD , a public hearing shall
automatically be called coincidental with the Concept Plan
review by the Planning Commission . Said public hearing
shall be held following the same requirements , fees , and
procedures for a zoning amendment hearing . If after reviewing
a large area Concept PUD Plan the Planning Commission deems
it advisable to have a public hearing on the proposed PUD ,
then one shall be held following the same requirements ,
fees , and procedures for a zoning amendment hearing . The
calling of a public hearing shall stay any further action on
the proposed PUD until after the public hearing is held .
2 . 20 Notification- - The developer shall notify by personal contact
or certified mail all persons owning property within 100 feet
of the perimeter of a PUD , that a PUD proposal is pending .
Said notification shall be given or mailed at least ten ( 10 )
days prior to the meeting at which the Planning Commission
is to review the Concept Plan . The developer shall show proof
on or before the day the Planning Commission reviews the
Concept Plan that the notification requirement prescribed
hereby has been met .
3 . 00 REVIEW PROCEDURE
3 . 10 Concept Plan - - Whenever a developer intends to develop a
PUD under the provisions of this ordinance he shall submit
a Concept Plan prior to initiating the detailed c� U 7 770
involved in the preparation of a preliminary plat . UThe V
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purpose of the Concept Plan is to allow the Developer ,
the Planning Commission and the General Public to discuss
the proposed development before a great deal of time and
money are committed to any project .
The Concept Plan shall include the following information :
1 . Total area to be included in the PUD
2 . Topography ( USGS 20 foot intervals is sufficient )
3 . Public facilities intended to be provided
4 . Areas with potential flood problem , wetlands or
any other features presenting development difficulty
5 . Unique physical features
6 . Nature of surrounding development
7 . Nature and extent of tree cover
8 . Nature of proposed development
9 . Tentative street layout
10 . Any other information deemed necessary by the Planning
Commission
The developer shall submit thirteen ( 13 ) copies of the Concept
Plan to the Planning Administrator .
3 . 11 Preliminary PUD Plan- -A Preliminary PUD Plan shall be
submitted to the Planning Commission following the same
procedures and requirements outlined in the Subdivision
Regulations ( Code of Ordinances , Appendix Q . In addition
to the requirements of The Subdivision Regulations , the
following information shall be submitted :
1 . An estimate of the number of units for sale and lease .
2 . Identification and size ( acres or square feet) of all
open space and proof that the developer has `the
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capacity to maintain the open space until
accepted by the City of Fayetteville or assumed
by the Property Owners Association (POA) ;
3 . Identification and location of all non- residential
structures proposed in the PUD :
4 . All information relating to the establishment ,
operation and perpetuation of the POA ;
5 . Proposed protective covenants ;
6 . Natural features ( see 4 . 20 ) ; and ,
7 . Written request for any desired variances from the
zoning or subdivision regulations .
3 . 12 Final PUD Plan - -A final PUD plan shall be submitted following
the procedures and requirements outlined in the Subdivision
Regulations (Code of Ordinances , Appendix Q . In addition
to the requirements of The Subdivision Regulations , the following
information shall be submitted :
1 . Location of recreation facilities ;
2 . Proposed treatment and ownership of open spaces ;
3 . Relationship of dwelling units , recreation facilities
and open space ;
4 . Proposed trails , walks , waterbodies , and other
special features ; and ,
5 . Final protective covenants and Property Owners
Association Agreement . Any Property Owners Association
Agreement shall apply to all property owners within
the PUD and the protective covenants shall so provide .
4 . 00 DESIGN STANDARDS '' Z$a 772
4 . 10 Sidewalks - - As required by the Subdivision Regulations
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( Code of Ordinances , Appendix C ) .
4 . 11 Street Lights - -As required by the Subdivision Regulations
( Code of Ordinances , Appendix C ) .
4 . 12 Water - -As required by The Subdivision Regulations
( Code of Ordinances , Appendix Q .
4 . 13 Sewer - -As required by The Subdivision Regulations
( Code of Ordinances , Appendix C ) .
4 . 14 Parking- - As required by the Zoning Regulations
( Code of Ordinances , Appendix A)
4 . 15 Streets - - Streets within a PUD may be either public or
private .
a . Public Streets - - Public streets shall be constructed
according to the adopted standards of the City of
Fayetteville .
b . Private Streets - - Private streets within a PUD shall
be permitted subject to the following conditions :
1 . Private streets shall be permitted for only a
loop street , or street ending with a cul- de- sac .
Any street connecting one or more public streets
shall be constructed to existing City standards and
shall be dedicated as a public street .
2 . Subbase , base and paving shall meet City standards .
3 . An adequate storm drainage system approved by the
City Street Superintendent shall be required for
all private streets . Where curbs and gutters are
not installed , bar "V" ditches adhef(T7to t 3
natural drainage and with a slope of�j3 to 1 on the
upslope side and 2 to 1 on the downslope side shall
be required on each side of all private streets .
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Underdrains shall be installed .where necessary .
4 . Maximum density served by a cul - de - sac
shall be forty ( 40 ) units . Maximum
density served by a loop street shall be
eighty ( 80 ) units .
5 . The plat of the planned development
shall designate each private street as
a " private street" ,
6 . Maintenance of private streets shall be
the responsibility of the developer 'or of
a neighborhood Property Owner ' s Association
( POA) and shall not be the responsibility
of the City . The method for maintenance
and a maintenance fund shall be established
by the PUD covenants . The covenants shall
expressly provide that the City of
Fayetteville is a third party beneficiary
to the covenants and shall have the right
to enforce the street maintenance require -
ments of the covenants irrespective of the
vote of the other parties to the covenants .
The covenants shall provide that in the
event the private streets are not maintained
as required by the covenants , the City
shall have the right (but shall not be
required) to maintain said streets and to
charge the cost thereof to the property
owners within the PUD on a pro rata basis
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according to assessed valuation for
ad valorem tax purposes and shall have a
lien on the real property within the PUD
for such cost . The protective covenants
shall grant the City of Fayetteville the
right to use all private streets for
purposes of providing fire and police
protection , sanitation service and any
other of the municipal functions . The
protective convenants shall provide that
such covenants shall not be amended and
shall not terminate without approval of
the Fayetteville Board of Directors .
7 . The width of private streets may vary
according to the density served . The
following standard shall be used :
Dwelling Units Paving Width ( no on" street
parking)
One Way Two Way
1 - 20 14 ' 22
21+ 14 ' 24 '
Note : If on - street parking is desired ,
6 feet must be added to each side where
parking is intended .
8 . All of the traffic laws prescribed by
Fayetteville Code of Ordinances , Chapter
19 (Traffic ) shall apply to traffic on
private streets within a PUD .
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9 . There shall be no minimum building setback require -
ment . from a private street .
10 . The deverloper shall erect at the entrance of each
private street a rectangular sign , not exceeding
24 inches by 12 inches , designating the street a
" private street" which shall be clearly visible to
motor vehicular traffic .
4 . 16 Open Space - - Each PUD shall provide at least thirty ( 30 )
percent of the total land area within the PUD as usable
private or public open space . A minimum of at least one
half of the 30% open space shall be contiguous ( in continuous
connection) . Land within the floodplain . ( 10 year frequence) and
wetland may be counted as no more than 50% of the usable
open space . Any area intended for active open space shall
be a minimum of 25 feet wide in its smallest dimension
and in small area PUD ' s shall contain at least one area of
continuous open space with a minimum of 10 , 000 square feet .
Active open space is defined as an area intended for rigorous
activity such as tennis , baseball , badminton and other
games requiring physical exertion . Passive open space may
be any size . Passive open space is defined as an area intended
for tranquil activities such as walking , sitting , observing and
the less active games like shuffleboard and croquet . The
following shall not be considered as usable open space :
1 . The surface area of parking lots including driveways ;
2 . The area occupied by structures excluding structures
used for recreational purposes ;
3 . Any lot intended for private ownership ;
4 . Street surface area . m1 10 ! /«y
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