Loading...
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