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HomeMy WebLinkAboutOrdinance 2779 /( may ORDINANCE N0 . c� gGT 'I, /0, 000, 3OJ 7 l AN ORDINANCE AMENDING ARTICLE 8 , SECTION 12 OF APPECIdD q, A TO THE FAYETTEVILLE CODE OF ORDINANCES TO AUTHORIZE ` 1 AND REGULATE COMMERCIAL AND INDUSTRIAL SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the title to Article 8 , Section 12 , of Appen ix A to the Fayetteville Code of Ordinances is hereby amended to read as follows : 12 . PLANNED UNIT DEVELOPMENT . Section 2 . That Article 8 , Section 12 , Paragraph 1 . 00 of Appendix A to the Fayetteville Code of Ordinances is hereby amended by amending the first sentence therein to read as follows : 1 . 00 . Definition. Planned Unit Development ( PUD ) is a comprehensively planned residential , commercial , office or industrial land development project in which the standard requirements of the zoning ordinance and subdivision regulations may be varied to permit design flexibility , building clustering , grouping of open space , increased density and alternatives to public facility improvements . Section 3 . That Article 8 , Section 12 , Paragraph 2 . 10 of Appen ix A to the Fayetteville Code of Ordinances is hereby amended to read as follows : 2 . 10 . Authorization and Permitted Uses . PUDS are authorized in the following zoning districts : R , R-O , C , and I . The uses permitted in the PUD shall be the same use permitted in the zoning district ( s ) in which the PUD land area lies , except ( 1 ) a PUD in an R- 1 District may include all uses , other than home occupations , allowed in Use Unit 9 of the zoning ordinance ( Appendix A , Article 6 , ( IX ) , ( B ) ) , and ( 2 ) a commercial PUD in a C - 1 or C - 2 district may include all uses allowed as a matter of right in R- 2 or R- 3 districts . Commercial or industrial uses are not permitted in a PUD unless the land on which such uses are to be placed is zoned or re - zoned commercial or industrial . Commercial zoning and uses at locations other than that recommended by the general plan may be considered for approval in connection with a residential PUD when the proposed dwelling units exceed 500 in number ; 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 may be permitted in a . residential PUD having less than 500 dwelling units . Non- residential uses of a service nature include , but are not limited to , laundries , child care facilities , exercise facilities , game rooms , meeting rooms , and recreation facilities ; uses not listed herein but determined by the Planning Commission ( after public hearing ) to be similar in nature may be permitted . Section 4 . That Article 8 , Section 12 , 14 . 15 of Appendix A to UTee Fayetteville Code of Ordinances is hereby amended by amending the first sentence in said paragraph to read as follows : 4 . 15 . Streets . Streets within a residential PUD may be either public or private . - 2 - Section 5 . That Article 8 , Section 12 , Paragraph 4 . 15 ( b ) of Appe�ix A to the Fayetteville Code of Ordinances is hereby amended by amending the first sentence in said paragraph to read as follows : ( b ) Private streets . . Private streets within a residential PUD shall be permitted subject to the following conditions : Section 6 . That Article 8 , Section 12 , Paragraph 2 . 16 ( 2 ) of AppennExAto the Fayetteville Code of Ordinances is hereby amended by amending the first sentence in said paragraph to read as follows : A PUD shall comply with all City ordinances ; provided if a proposal offered by the developer will result in a development which better protects the public health , safety , or welfare , or which better achieves the purposes of a PUD , as expressed in paragraph 1 . 00 , than development according to this Section , the Planning Commission may vary the requirements of this Section , the zoning regulations , or the subidivision regulations : Section 7 . That Article 8 , Section 12 , Paragraph 3 . 11 is hereby amended by adding the following : 8 . Location , size and number of all proposed parking spaces and all pertinent information relating to mainte - nance thereof and access thereto . Maintenance of parking spaces in a non- residential PUD shall be the responsibility of the land owner , or a property owners ' association and shall not be the responsibility of the City . The method for maintenance shall be established by the PUD covenants . Section 8 . That Article 8 , Section 12 , Paragraph 3 . 12 is here y�amended by adding the following . 6 . Location , size and number of all proposed parking spaces and all pertinent information relating to mainenance thereof and access thereto . Maintenance of parking spaces in a non-residential PUD shall be the responsibility of the land owner , or a property owners ' association and shall not be the responsibility of the City . The method for maintenance shall be established by the PUD covenants . Section 9 . That Article 8 , Section 12 , Paragraph 4 . 16 of Appe�x A to the Fayetteville Code of Ordinances is hereby amended by amending the first sentence therein to read as follows : 4 . 16 . Open Space . Each residential PUD shall provide at least 30 percent of the total land area within the PUD as useable private or public open space . Section 10 . That Article 8 , Section 12 , Paragraph 4 . 23 of Appen�o the Fayetteville Code of Ordinances is hereby amended by amending the first sentence to read as follows : 4 . 23 . Construction of Non- residential Facilities . Prior to issuance of more than eight ( 8 ) building permits in any residential PUD , all approved non- residential facilities shall be constructed . Section 11 . The Board of Directors hereby determines that the City ' s land development regulations do not adequately regulate commercial subdivisions ; that adequate regulation .1 62t 6^ n - 3 - of commercial subdivisions is essential to the public health , safety and welfare and that the passage of this ordinance is necessary to adequately regulate commercial subdivisions . 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 . 1981 . PASSED AND APPROVED this / 2tj day of ?ggNphy j4^ i , APPROVED : La// MAYO On ts` : ,Tr - OLE �•�., Cotlhty � . ;`_ata o: Ar'.:anses ( SS C':ty of Fayetteville 1, V r:an Koottel, City Clerk and Ex-Officio recorder for the City of Fayetteville, do here- by certify that the annexed or foregoing is of record in my office and the same apo pears 11 in Ordinance f� Resolution book mat page Witness my hand and st aj ,thi day of 9 City Clerk and Ex-Officio Recorder ✓1= I?TIFdCATE OF RECORD. STATE OF ARKANSAS d SS. Washington Counter 1, Al. nj L. I(o:l e e. Circuit Clerk and Ex.Off icio Recorder for, Washin ton Cowit _'•? ':erahy certify thntthc annexed or fore, Going instrument v.. s riiaaOd//for reciV in rm office on thsZLday of �•f1e r'' _ ,1�9"9L' a�t?�o'doa-A:'1, a ,. the same is duly recorded in_e�+— record /Oso at nage Goal Witness my hand and seal this/ !� day 'of_ 141— Circuit Clerk and x-Officio Re rded �°'r i 6 � i, st_ ati ©y _ Depub/ Clerk . . . _. . -t• +,?'sq+cYrim'4" _"'aSS^ 'a.'T!?e' A'�. . .. . . t ... rv..`.. -.....�-- - -W .. ...73771711177 7 - r Di. AN ENO AN.,. ORDINANCE AMENDINGp'- — ARTICLE 8, ,SECTION, 12 OF APPENDIX A - . TO, + ' .THE, - FAYETTEVILLEf CODE ' OF.' ' ORDINANCES TO AUTHORIZE AND l REGULATE COMMERCIAL AND' STATE of ARKANSAS l ' INDUSTRIAL SUBDIVISIONS AND PLANNED UNIT DEVEIAPMENTS. , County of Washington N : BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF 888zzz FAYLTn 1. That, ARKANSAS:to Article ri T � p_� � �n� Section 1. that led tide to Article 0. 7 .i'r hereby certify tIIal I Section R, of Appendix to theOIL f) A Fayetteville Cade a Ordinances b unc hereby amevded to readnsfollows: I mry 'vcry'Ne" iequfrcmenb d -[his am he Publisher of THE NO HWEST ARKANSAS TIMES, a dally . 12. PLANNED . UNIT II Section, the zoning regulations, or the newspaper having a second class mailing privilege, and being not lees than DEVELOPMENT. " }. , subdrvuion rcgulatiom: A C Li Section 2. That Articles. Section le,, Section T. That Article 8, Section 12, 10117 pages 01 five COIUmne each, published at a fixed place o1 business and at Paragraph IA of Appendix A to the Paragraph 3.11 is hereby amended bya fixe d (dally) Intervals continuously in the City of Fayetteville, County of Fayetteville Code of Ordinances is adding the following: hereby amended by amending the Ural 6. Location, size and number of all Washington, Arkansas for more than a period of twelve months, circulated sentence thereinto read as follows. ' proposed parking spaces and all and distributed from an established place of . business to subscribers and ` 1.00. Definition. Planned Unit pertinent information relating to Development tPUD )- 'is a maintenance thereof . and access readers generally of all clams in the City & County for a definite price for comprehensively planned residential, thereto. Maintenance of Parkin f each copy, Or 8 fixed price per aIIIIDID, which price was fixed at what to commercial, office or industrial land spam in a nonresidential PUD shat developmentpro}eel in wench the bethe responsibility of the land owner, considered the value of the publication, based upon the news 'value and standard requirements of the zoning a property owners' association and ordinance and subdivision regulations shall not be the responsibility of the service value It contains, that at least fifty percent of the subscribers may be varied to permit design ; City. The method for maintenance thereto have paid cash for their subscriptions to the newspaper or its agents • flexibility, building clustering, ' shall be. "tablished by . the PUD , grouping of open space, increased coverana. ' . , . t.. '- or through recognised news dealers over a period of at let six months: density and alternatives to public section 6. That Article 8, section Iz. anleast that the said newspaper publishes an average of more than forty percent 'facility improvements. - ' ' Paragraph 3.12 is hereby amended by' _ Section 3. That Article s, SaeUan l; I addinBtM following: - news matter. "'aV Paragraph 2.10 of Appendix A to the 6. [Location, size and number of all Fayetteville Cede of ordinances is proposed parking spaces and all I further certify that the legal notice 'hereto attached In the matter of hereby amended to read as follows: pertinent information relating to Zm. Authorization and Permitted maintenance thereof and access Uses. PUDS art authorizes rias: R. in the thereto. M aintenance of parking following coning permitted H. e O.P C.D spaces in a nonresidential PUD shall and 1. The uses permitted it ed PUD M the responsibility of the land owner, i ( 1 •rl /N - — ashallrnit be the same use which led N the or a property be Owners' association acing districUsl in which the PUD • shall not M IM responsibility of the - lard area lies, except (1) a PUD in an I-Cfly. The method for maintenance was published In the regular daily issue of Bald newspaper for R-i District may include all uses, other shall be established by the PUD than home accupations, allowed in Use I covenants. _ consecutive Insertions as follows: Unit 9 of Ne inning ordinance Section 9. That Article 8, Section 12, /7"�f lAPpendix A, Article 8, QX] IR), and I Paragraph 4.16 of Appendix A to the 18 ' (2) a commercial PUD in a C-1 or CI Fayetteville Cade of Ordinances is The first Insertion On. the day of /� v � district may include all uses allowed I hereby amended by amending the first , as a matter of right in R-2 or Ra sentencelhereintoreadasfollows: districts. 4.16. Open Space. Each residential the second insertion On the . day O1 19 Commercial or industrial uses are not PUD shall provide at-least 30 percent ' permitted in a PUD unless the land on of law total land area within the PUD which such uses amtobe placed is . as useable private or public open : the third insertion on the day Of 19 zoned or rezoned commercial or - spate_ - ' indi trial. Commercial zoning and Section 10. That Article 8. Section 12, 79 lases at locations other than that Paragraph 4.21 of Appendix A to the Any Of recommended by the general plan may Fayetteville Cade of Ordinances is and the fourth insertion on the be considered for approval in hereby amended by amending the first �".. � ' correction with a residential PUD . sentence to read as follows: �ta Q S 1 when the proposed dwelling units 4.23. Construction or Nonresidential exceed 500 in number: provided, non Facilities. Prior to issuance of more residential uses of a service nature for than eight (a) building permits in any . the convenience of the residents act residential PUD. all approved non theirguestsard notdesigned loaleacl I residential ••. facilities shell _. be Sworn to and subscribed before me on this day of people living outside the PUD may be constructed. ' . permitted in a residential PLD having. Section 11. The Board of Directors ^�\\ less than Sea dwelling units. Non hereby determines that the Citv'sland ' residential usgs of a service nature development regulations rho not. l I ( l 1 19 jinchide, but are not limited to, .adequately regulate, Commercial' laundries, child care facilities, subdivisions; that adequate regulation )exereae facilities, game rooms, of commercial subdivisions is essential mmting rooms, and recreation to to public health, safety and welfare �facililim; rase.^, not listed herein but and that the passage of this ordinance N tory PabIIC determined by the Planning u necessary to adequately regulate (Commission (after public hearing) to commercial subdivisions. Therefore, be similar in nature may be permitted. an emergency is hereby decla d to Section 1. That Article e, Section 1; exist and this . ardinanm Ming' ' 1 I Paragraph 4.15 o1 Appendix A to the necessary for the public health. safety MY COIDmID610n Expires : .�';, .� fI !!1, ,•.; ! Fayetteville Code M Ordinances is and welfare shall be in full force and ; s Mreby amended by first effect from and after its passage and sentence in Said paamending to Iread a approval. i follows. _ PASSED AND APPROVED this 17th f . 4.15. Streets. Streets within a . day'of November, 1%] residential PUD nu r be either public i :.. APPROVED: I • , John TaddAVOR ior private. Fees for Printing . A-rp�•y_ . Sf ' Section 5 That Article 8. SEction 12. •� PamlYaph 4.15(b) of Appendix A la Vivian Koettel IM Fayetteville Cade of Ordinances is I CIT6CLERK ' Cost of Proof L '/ , . • 'r , hereby amended by amending the first „ sentence in Said paragraph to read as •1, ' ` ! fellows: , Total Ib) Private streets. Private streets i Rf"_ within a residential PUD. shad be art. s-' permdted Subject to the following conditions: Section 6. That Article e. Section li, Paragraph2.1642) Cod of Appendix Ala the hereby Code a Oiling thet u hereby amended by amending the first sentence in said paragraph to read as follows: IAct:OdiYifs fRY:tABti A PUD shall comply with all City lordivances: provided if a proposal uttered by thedeveloper will result ins development which better pto'•rcli tie Public health, Safety, or welfare;or _ which better achieves the putposea;hf la PUL), as expressed in paragraph 1011, than development according to this Section, the Flaming Commission