HomeMy WebLinkAboutOrdinance 2582 I
• r
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 .
V
BE IT ORDAINED BY THE FAYETTEVILLE BOARD OF DIRECTORS : -
i- v rr
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
1 DATE�_�
REEL��
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
2
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 '
3
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
4 cm1007 768
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
5
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
6
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
7 = 10C� 7 771
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
8
( 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 .
9
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
r107+ 774
10
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 .
cm1UC7 775
11
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
7�
12
All land proposed for public open space shall be approved
by the City Board of Directors prior to final approval
of the PUD and upon transfer to the City shall thereafter
become the maintenance responsibility of the City of Fayette-
ville. Provisions shall be made for the maintenance and
perpetuation of all proposed private open space.
4.17 Perpetuation of Private Open Space --The PUD covenants shall
expressly provide that the City of Fayetteville is a third -
party beneficiary to the covenants and shall provide that
no encroachment on, reducation of, or modification to the
open space required shall be made without prior approval of
the Fayetteville Board of Directors irrespective of the vote
of the other parties to the covenants.
4.18 Maintenance of Private Open Spacer -The maintenance of all
private open space shall be the responsibility of the
developer or of a Property Owners Association and the method
for maintenance and a maintenance fund shall be established
in the PUD covenants. The covenants shall expressly provide
that the City of Fayetteville, is a third -party beneficiary to
the covenants and that the City shall have the right to enforce
the requirements for open space irrespective of the vote of
the other parties to the covenants. All private open space
shall be maintained in an appropriate manner. Appropriate
manner means a manner which does not violate City of Fayette-
ville Ordinances or constitute a hazard to the safety, health
or general welfare of the PUD residents or general public. The
covenants shall provide that in the event private open space
is not maintained as required by the covenants and this
13 1JU 1y 777
v
Article, the City shall have the right (but shall not be
required) to maintain said open space and to charge all
maintenance costs incurred by the City to the property owners
within the PUD on a pro rata basis according to assessed
valuation for ad valorem tax purposes and shall have a
lien on the real property within the PUD for such costs.
4.19 Height-- The height regulations of the various zoning
districts
shall apply
and be in addition
to the
perimeter
setbacks
established
in paragraph 2.13 of
this
Article.
4.20 Natural Features --Natural features such as bluffs and
streams existing on a proposed PUD site shall be identified
on both the Concept and Preliminary Plan. Every effort shall
be made to retain these natural features in open space. Any
tree stand which forms a continuous canopy (in full leaf) of
200 feet or more measured in any direction shall be identified
on the Concept Plan. A general description of the tree species
shall be provided. A grading plan may be required by the
Planning Commission in cases where terrain is a critical factor.
At a minimum, the grading plan shall show how drainage problems
and erosion will be controlled.
4.21 Signs --Erection and maintenance of all signs on private streets
shall be the responsibility of the Developer or a Property
Owners Association (POA). Following final approval of the PUD,
the City of Fayetteville will erect and maintain all street
name signs and traffic control signs for public streets.
4.22 View Protection --The Planning Commission shall have the
right to establish special height and or positioning restric-
tions where scenic views are involved and shallhave the right
14 =10DU7 778
to insure the perpetuation of those views both within and
without the PUD through protective covenant restrictions.
4.23 Construction of non-residential facilities --Prior to
issuance of more than 8 building permits for any PUD, all
approved non-residential facilities shall be constructed. In the
event the developer proposes to develop the PUD in phases, and
the non-residential facilities are not proposed in the initial
phase, the developer shall enter into a Contract with the City to
guarantee completion of the non-residential facilities.
5.1 Fee--At.the time a developer submits a Concept Plan for a
PUD, the developer shall pay a $50.00 fee to defray costs
incurred by the City in processing the PUD.
Section 2. The provisions of this ordinance are hereby
declared to be severable. Should any provisions of this ordinance
be declared unconstitutional or otherwise invalid by a court of
competent jurisdiction, such declaration shall not affect the
validity of the remaining provisions hereof.
Section 3. The Board of Directors hereby determines that
the City's existing regulations applicable to Planned Unit Develop-
ments do not adequately safeguard the public health, safety, and
welfare and that the immediate passage of this ordinance is
necessary to adequately regulate Planned Unit Development.
Therefore, an emergency is hereby declared to exist and this
ordinance, being necessary for the public health, safety and
welfare shall be in full force and effect from and after its
passage and approval.
779
15
PASSED AND APPROVED this day of
1979.
APPROVED:
ATTEST:
CERTIFICATE OF RECORD
•'ATE OF ARKANSAS I
Wcshincten County I SS.
I. A. in L. I(ol! ncyer, Circuit Clerk and Ex -Officio Recorder foe
Washincton County, do hereby certify that �the annexed or fore4
going instrm nt was tiled (or recci/m my office on thp e�yoay
of_ 19% at/O o'clock td, and the same is
duty recordod in ..CQ at page
Witness my hand and seal tttis day of 19
Circuit Ole
Ex-Onicio Recorded
By
Deputy Clerk
tuna
MAYOR s it
•w•r ' - I U. •
••.L q V. I
CERTIFICATE Or RECORD
State of Arkansas
City of Fayetteville ( SS
I, Annela R. Mcd!ocic, City Clerk and Er.
Officio recorder- for the City of Fayetteville„
do hereby certify that the annexed or fore-
going i of record in my office and the same
:1ppe_r„ in Ordinance & Resolution book
VIII
at pageWitness my
hand ar..i seal ttis _
-- day of
ty Clerk and Ex-Offi:io Recorder
mm1UC1 780
as