HomeMy WebLinkAboutOrdinance 4434• *
ORDINANCE NO.1t�t
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
ORDINANCE OF THE CODE OF FAYETTEVILLE TO ESTABLISH A
PROCESS FOR THE EVALUATION AND APPROVAL OF PLANNED
ZONING DISTRICTS.
WHEREAS, flexible guidelines for the review of specific development plans are desirable;
and,
WHEREAS, informed land use decisions can guide development more effectively in the best
interest of the health, safety and welfare of the city; and
WHEREAS, developments that are compatible with the surrounding area, harmonious with
the character of the neighborhood, do not have a negative effect upon the future development of the
area and create a stable environment are desirable; and
WHEREAS, the development and zoning review process shall be enhanced when review
and approval of development and zoning are addressed simultaneously;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That Chapter 161 Zoning Regulations is amended by inserting § 161.22 District PZD Planned
Zoning District, a copy of which marked Exhibit "A" is attached hereto and made a part hereof.
Section 2. That Chapter 166 Development is amended by inserting § 166.18 Planned Zoning District
Developments, a copy of which marked Exhibit "B" is attached hereto and made a part hereof
Section 3. That Chapter 163 Use Conditions, Section §163.21 Limited Neighborhood Commercial Uses
Within Residential Districts of the Code of Fayetteville is hereby repealed.
Section 4. That Chapter 159: Fees, Section § 159.01 Fees/Schedule, subsection (B)(3) is amended by adding
a fee for Planned Zoning District applications as follows:
§159.01 Fees/Schedule
A. Fees
B. Fee Schedule
3. Development
Planned Zoning District
Non-residential
$1,125
Residential:
10 units/lots or less
$525
25 units/lots or less
$725
25 units/lots or more
$1,125
Section 5. That Chapter 151: Definitions is amended by deleting the definition of Planned Unit
Development and adding the following definitions:
Common Open Space. Land within or related to a development, not individually owned or
dedicated for public use, which is reserved for the exclusive use or enjoyment of the residents or occupants
of the development and their guests.
Planned Zoning District. A zoning district that allows for comprehensively planned
developments for either single-use or mixed-use and permits development and zoning review as a
simultaneous process.
Private Open Space. The outdoor living area directly adjoining a dwelling unit or building,
intended for the private enjoyment of the residents or occupants of the dwelling unit or building and
defined in such a manner that its boundaries are evident.
Public Open Space. Open space, including but not limited to, any park, lake, stream, playground
,or natural area, commonly open to the public.
Recreational Structures. Anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground that has a primary use that is recreation in
nature. Among other things, recreational structures include tennis courts, basketball courts, swimming
pools and jogging trails.
Section 6. That § 166.05 (A) Requirement is hereby repealed and replaced with the following:
§166.05 Large Scale Development
A. Requirement. The development of a lot or parcel larger than one acre or development of
a Planned Zoning District must be processed in accordance with the requirements for a large-scale
development.
Section 7. That § 166.60 Planned Unit Development of the Unified Development Ordinance is hereby
repealed.
PASSED and APPROVED this the 19's day of November, 2002.
F"pY E. I Vit.
� V APPjDCOODY,
Cr. By:
Mayor
A
By.
ATHER WOODRUFF, City Cly}.
EXHIBIT "A"
To be inserted in Chapter 161 Zoning Regulations:
§161 .22 District PZD Planned Zoning District.
A. Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively
planned developments whose purpose is redevelopment, economic development, cultural enrichment
or to provide a single-purpose or mixed-use planned development and to permit the combination of
development and zoning review into a simultaneous process. The rezoning of property to the PZD may
be deemed appropriate if the development proposed for the district can accomplish one or more of the
following goals.
1 . Flexibility. Providing for flexibility in the distribution of land uses, in the density of development
and in other matters typically regulated in zoning districts.
2. Compatibility. Providing for compatibility with the surrounding land uses.
3. Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and
beneficial to the community.
4. Variety. Providing for a variety of housing types, employment opportunities or commercial or
industrial services, or any combination thereof, to achieve variety and integration of economic and
redevelopment opportunities.
5. No negative impact. Does not have a negative effect upon the future development of the area;
6. Coordination. Permit coordination of the planning of the land surrounding the PZD and
cooperation between the City and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
7. Open Space. Provision of more usable and suitably located open space, recreation areas and other
common facilities that would not otherwise be required under conventional land development
regulations.
8. Natural Features. Maximum enhancement and minimal disruption of existing natural features and
amenities.
9. General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious
developments consistent with the guiding policies of the General Plan.
10. Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
B. Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance
with the requirements of this chapter and Chapter 166 Development. Each rezoning parcel shall be
described as a separate district, with distinct boundaries and specific design and development
standards. Each district shall be assigned a project number or label, along with the designation "PZD".
The rezoning shall include the adoption of a specific master development plan and development
standards.
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C. R - PZD Residential Planned Zoning District
a. Purpose and intent. The R-PZD is intended to accommodate mixed-use or clustered residential
developments and to accommodate single-use residential developments that are determined to be
more appropriate for a PZD application than a general residential rezone. The legislative purposes,
intent, and application of this district include, but are not limited to, the following:
1 . To encourage a variety and flexibility in land development and land use for predominately
residential areas, consistent with the city's general plan and the orderly development of the
city.
2. To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land, can
be planned on a total basis.
3. To provide a harmonious relationship with the surrounding development, minimizing such
influences as land use incompatibilities, heavy traffic and congestion, and excessive demands
on planned and existing public facilities.
4. To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
5 . To encourage the efficient use of those public facilities required in connection with new
residential development.
b. Permitted Uses.
Unit 1 City- ide Uses by Right
Unit 2 City- ide Uses by Conditional Use Permit
Unit 3 Public Protection and Utility Facilities
Unit 4 Cultural and Recreational Facilities
Unit 5 Government Facilities
Unit 8 Single-Family and Two-Family Dwellings
Unit 9 Multifamily Dwellings — Medium Density
Unit 10 Multifamily Dwellings — High Density
Unit 12 Offices, Studios and Related Services
Unit 15 1 Neighborhood Shopping
Unit 19 Commercial Recreation
Unit 25 Professional Offices
Unit 26 Single-Family Dwelling
Unit 29 Single-Family, Two-Family and Three-Family Dwellings
c. Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the
gross floor area within the development.
D. C-PZD Commercial Planned Zoning District
L Purpose and intent. The C-PZD is intended to accommodate mixed-use developments
containing any combination, including multiple combinations of commercial, office or
residential uses in a carefully planned configuration in such a manner as to protect and
enhance the availability of each independent use. The C-PZD is also intended to
accommodate single use commercial developments that are determined to be more
appropriate for a PZD application than a general commercial rezone. The legislative purposes,
intent and application of this district include, but are not limited to, the following:
a. To encourage the clustering of commercial and office activities within areas specifically
designated to accommodate such uses and to discourage the proliferation of commercial
uses along major thoroughfares and noncommercial areas.
b. To provide for orderly development in order to minimize adverse impact on surrounding
areas and on the general flow of traffic.
c. To encourage orderly and systematic commercial, office or mixed use development
design or a combination thereof, providing for the rational placement of activities,
vehicular and pedestrian circulation, access and egress, loading, landscaping and
buffering strips.
d. To encourage commercial development which is consistent with the city's general plan.
e. To accommodate larger scale suburban developments of mixed-uses in a harmonious
relationship.
2. Permitted Uses.
Unit 1 City-Wide Uses by Right
Unit 2 City-Wide Uses by Conditional Use Permit
Unit 3 Public Protection and Utility Facilities
Unit 4 Cultural and Recreational Facilities
Unit 5 Government Facilities
Unit 8 Single-Family and Two-Family Dwellings
Unit 9 Multifamily Dwellings — Medium Density
Unit 10 Multifamily Dwellings — High Density
Unit 12 Offices, Studios and Related Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and Amusement Facilities
Unit 15 Neighborhood Shopping
Unit 16 Shopping Goods
Unit 17 Trades and Services
Unit 18 Gasoline Service Station and Drive-In Restaurants
Unit 19 Commercial Recreation
Unit 20 Commercial Recreation, Large Sites
Unit 21 Warehousing and Wholesale
Unit 25 Professional Offices
Unit 26 Single-Fanuly Single—FamilyDwelling
Unit 29 Single-Family, Two-Family and Three-Faryffly Dwellings
3. Conditions
a. In no instance shall the commercial or office use area be less than fifty-one percent (51 %)
of the gross leasable floor area within the development.
b. Residential uses must be appropriate to the design of the project.
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c. Warehousing and light industrial uses shall have a gross area per use that does not exceed
five thousand (5,000) square feet and at least twenty percent (20%) of the floor area used
for retail sales.
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E. I-PZD Industrial Planned Zoning District
1 . Purpose and intent. The I-PZD is intended to accommodate industrial parks and single use
industrial developments that are determined to be more appropriate for a PZD application than
a general industrial rezone. The legislative purpose, intent and application of this district
include, but are not limited to, the following:
a. To provide for manufacturing activities in a manner compatible with the surrounding
area.
b. To encourage the application of sound planning and design principles in the orderly
development of industrial activities.
c. To maximize manufacturing potential without adversely affecting the living environment
of the community.
d. To encourage industrial development that is consistent with the city's general plan.
2. Permitted Uses.
Unit 1 City-Wide Uses by Right
Unit 2 City-Wide Uses by Conditional Use Permit
Unit 3 Public Protection and Utility Facilities
Unit 8 Single-Family and Two-Family Dwellings
Unit 9 Multifamily Dwellings — Medium Density
Unit 10 Multifamily Dwellings — High Density
Unit 12 Offices, Studios and Related Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and Amusement Facilities
Unit 15 Neighborhood Shopping Goods
Unit 16 Shopping Goods
Unit 17 Trades and Services
Unit 18 Gasoline Service Stations and Drive-in Restaurants
Unit 20 Commercial Recreation, Large Sites
Unit 21 Warehousing and Wholesale
Unit 22 Manufacturing
Unit 23 Heavy Industrial
Unit 25 Professional Offices
Unit 26 Single-family Dwellings
Unit 27 Wholesale Bulk Petroleum Storage Facilities with Underground Storage
Tanks
Unit 28 Center for Collecting Recyclable Materials
Unit 31 Facilities Emitting Odors and Facilities Handling Explosives
3. Conditions.
a. In no instance shall the industrial use area be less than fifty-one percent (51 %) of the
gross leasable floor area within the development.
b. Ancillary commercial and office uses shall be compatible with the design and scale of the
project.
c. Residential uses must be appropriate to the scope and character of the development.
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F. Bulk and Area Regulations
1 . Residential density. Residential densities shall be determined on the basis of the following
considerations:
a. The densities of surrounding development; the densities allowed under the current
zoning;
b. the urban development goals and other policies of the city's general plan,
c. the topography and character of the natural environment, and
d. the impact of a given density on the specific site and adjacent properties.
2. Lot Area and Yard Requirements. Taking into consideration the unique aspects of each
project, preliminary development plans for Planned Zoning Districts shall conform as closely
as possible to the existing standards for lot area minimums and yard requirements under this
chapter.
3 . Building height. There shall be no maximum building height except as may be determined
by the Planning Commission during the review of the preliminary development plan based on
the uses within the development and the proximity of the development to existing or
prospective development on adjacent properties. A lesser height may be established by the
Planning Commission when it is deemed necessary to provide adequate light and air to
adjacent property and to protect the visual quality of the community.
4. Building area. The Planning Commission shall review specific proposed lot coverages which
generally correspond to the guidelines for lot coverage in the respective residential, office,
commercial or industrial district which most depicts said development scheme.
EXHIBIT `B"
To be inserted in Chapter 166: Development.
§166.18 Planned Zoning District Developments
A. Applicability. To be considered for a planned zoning district, the applicant shall meet all of the
following criteria:
1 . Location. Eligible properties include those located within the city limits.
2. Ownership. Eligible applicants for preliminary plan review shall be a landowner of record or an
authorized agent. The approved development plan shall be binding on all subsequent Wvners of the
land until revised or modified.
3. Size. There shall be no minimum tract size for a PZD application.
B. Application. The initial application for a PZD shall include the following items:
1. Application. Complete application form to request a PZD.
2. Copies. Copies of a development plan in accordance with the submission requirements on the
project application form. Copies of a preliminary plat if a subdivision of land is proposed in
accordance with the preliminary plat application form.
3. Fee. Applicant shall pay all required filing fees for a planned zoning district as set forth in Chapter '
159 Fees of the UDO. If a subdivision of land is proposed, a fee for the preliminary plat shall also
be paid.
C. Review and Approval Procedures.
1 . Pre-application meeting. Before submitting an application the landowner or authorized agent
shall confer with the Planning Division in order to become familiar with the development review
process. The staff shall inform the applicant of any perceived problems that may arise. A further
purpose of the pre-application meeting is to make sure the applicant has, or will be able to, submit
the necessary information for filing the application. The intent of this conference is to provide
guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys
and other data required in a preliminary plan.
2. Planning Commission. All planned zoning district applications shall follow the procedures for
large scale development as set forth in § 166.05 Large Scale Development. If a subdivision of land
is proposed, the applicant shall obtain subdivision approval as set forth in 166.01 Subdivision
Approval.
3. City Council. If the development plan is approved by the Planning Commission, it shall be
forwarded to the City Council for review. The City Council may grant or deny as submitted, or as
they may so amend, defer for requested changes or more information, or return the application to
the Planning Commission for further study. The applicant shall not modify to a design other than
that reviewed by the Planning Commission prior to City Council review. The City Council may
direct Planning Commission to reconsider specific aspects of the plan. If the development plan is
approved, an ordinance shall be prepared which incorporates the plan and conditions.
4. Appeals. Appeals from the action of the Planning Commission shall be in accordance with
Chapter 155 Appeals of the UDO.
5. Repeals. The owner of an approved planned zoning district may, for cause, request repeal of the
ordinance establishing the development when it has been determined that the development will not
occur. A written request may be filed with the city clerk at any time up to three (3) years after the
date of adoption of the ordinance creating the planned zoning district. The request shall be
addressed to the Mayor and City Council, setting forth the cause for repeal.
The request shall be set for a public hearing at the earliest possible time to expedite the required
action. The owner of the subject planned zoning district zoned land shall provide notice of hearing
to adjacent property owners. Notice to others as required by law shall be provided by city staff and
signs shall be posted.
D. Development Standards, Conditions and Review Guidelines
2. Generally. The Planning Commission shall consider a proposed PZD in light of the purpose
and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and
review guidelines set forth herein. Primary emphasis shall be placed upon achieving
compatibility between the proposed development and surrounding areas so as to preserve and
enhance the neighborhood. Proper planning shall involve a consideration of tree preservation,
water conservation, preservation of natural site amenities, and the protection of watercourses
from erosion and siltation. The Planning Commission shall determine that specific
development features, including project density, building locations, common usable open
space, the vehicular circulation system, parking areas, screening and landscaping, and
perimeter treatment shall be combined in such a way as to further the health, safety, amenity
and welfare of the community. To these ends, all applications filed pursuant to this ordinance
shall be reviewed in accordance with the same general review guidelines as those utilized for
zoning and subdivision applications.
3. Screening and landscaping. In order to enhance the integrity and attractiveness of the
development, and when deemed necessary to protect adjacent properties, the Planning
Commission shall require landscaping and screening as part of a PZD. The screening and
landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of
the development plan, a detailed screening and landscaping plan shall be submitted to the
Planning Commission. Landscape plans shall show the general location, type and quality (size
and age) of plant material. Screening plans shall include typical details of fences, berms and
plant material to be used.
4. Traffic circulation. The following traffic circulation guidelines shall apply:
a. The adequacy of both the internal and external street systems shall be reviewed in light of
the projected future traffic volumes.
b. The traffic circulation system shall be comprised of a hierarchal scheme of local collector
and arterial streets, each designed to accommodate its proper function and in appropriate
relationship with one another.
c. Design of the internal street circulation system must be sensitive to such considerations
as safety, convenience, separation of vehicular and pedestrian traffic, general
attractiveness, access to dwelling units and the proper relationship of different land uses.
d. Internal collector streets shall be coordinated with the existing external street system,
providing for the efficient flow of traffic into and out of the planned zoning development.
e. Internal local streets shall be designed to discourage through traffic within the planned
zoning development and to adjacent areas.
f Design provisions for ingress and egress for any site along with service drives and
interior circulation shall be that required by Chapter 166 Development of this code.
5. Parking standards. The off-street parking and loading standards found in Chapter 172 Parking
and Loading shall apply to the specific gross usable or leasable floor areas of the respective
use areas.
6. Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all
uses of land or structures shall meet the open space, buffer or green strip provisions of this
chapter of this code.
7. Sidewalks. As required by § 166.04.
8. Street Lights. As required by § 166.04.
9. Water. As required by § 166.04.
10. Sewer. As required by § 166.04.
11. Streets and Drainage. Streets within a residential PZD may be either public or private.
a. Public Streets. Public streets shall be constructed according to the adopted standards of
the City.
b. Private Streets. Private streets within a residential PZD 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). Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
(3). All grading and drainage within a Planned Zoning District including site drainage
and drainage for private streets shall comply with the City's Grading (Physical
Alteration of Land) and Drainage (Storm water management) Ordinances. Open
drainage systems may be approved by the City Engineer.
(4). Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 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 owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund
shall be established by the PZD covenants. The covenants shall expressly provide
that the City is a third party beneficiary to the covenants and shall have the right to
enforce the street maintenance requirements of the covenants irrespective of the
vote of the other parties to the covenants.
(7). 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 PZD 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 PZD for
such cost. The protective covenants shall grant the City 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 covenants shall provide that
such covenants shall not be amended and shall not terminate without approval of
the City Council.
(8). The width of private streets may vary according to the density served. The following
standard shall be used:
Paving Width
No On-Street Parking)
Dwelling One-Way Two-Way
Units
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.
(9). All of the traffic laws prescribed by Title VII shall apply to traffic on private streets
within a PZD.
(10.) There shall be no minimum building setback requirement from a private street.
(11). The developer 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.
12. Construction of Nonresidential Facilities. Prior to issuance of more than eight building permits for
any residential PZD, all approved nonresidential facilities shall be constructed. In the event the
developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in
the initial phase, the developer shall enter into a contract with the City to guarantee completion of the
nonresidential facilities.
13. Tree Preservation. All PZD developments shall comply with the requirements for tree preservation as
set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered
when planning the common open space, location of buildings, underground services, walks, paved
areas, playgrounds, parking areas, and finished grade levels.
14. Commercial Design Standards. All PZD developments that contain office or commercial structures
shall comply with the commercial design standards as set forth in § 166. 14 Site Development Standards
and Construction and Appearance Design Standards for Commercial Structures.
15. View Protection. The Planning Commission shall have the right to establish special height and/or
positioning restrictions where scenic views are involved and shall have the right to insure the
perpetuation of those views through protective covenant restrictions.
E. Revocation.
1 . Causes for revocation as enforcement action. The Planning Commission may recommend to the
City Council that any PZD approval be revoked and all building or occupancy permits be voided under
the following circumstances:
a. Building permit. If no building permit has been issued within the time allowed.
b. Phased development schedule. If the applicant does not adhere to the phased development
schedule as stated in the approved development plan.
c. Open space and recreational facilities. If the construction and provision of all common open
spaces and public and recreational facilities which are shown on the final plan are proceeding at a
substantially slower rate than other project components.
Planning staff shall report the status of each ongoing PZD at the first regular meeting of each
quarter, so that the Planning Commission is able to compare the actual development accomplished
with the approved development schedule. If the Planning Commission finds that the rate of
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construction of dwelling units or other commercial or industrial structures is substantially greater
than the rate at which common open spaces and public recreational facilities have been
constructed and provided, then the Planning Commission may initiate revocation action or cease
to approve any additional final plans if preceding phases have not been finalized. The city may
also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke
those previously issued.
2. Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the
landowner or authorized agent giving notice of the alleged default, setting a time to appear before the
Planning Commission to show cause why steps should not be made to totally or partially revoke the
PZD. The Planning Commission recommendation shall be forwarded to the City Council for
disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the
appropriate action in the city clerk's office and the public zoning record duly noted.
3. Effect. In the event of revocation, any completed portions of the development or those portions for
which building permits have been issued shall be treated to be a whole and effective development.
After causes for revocation or enforcement have been corrected, the City Council shall expunge such
record as established above and shall authorize continued issuance of building permits.
F. Covenants, trusts and homeowner associations.
1. Legal entities. The developer shall create such legal entities as appropriate to undertake and be
responsible for the ownership, operation, construction, and maintenance of private roads, parking
areas, common usable open space, community facilities, recreation areas, building, lighting,
security measure and similar common elements in a development. The city encourages the
creation of homeowner associations, funded community trusts or other nonprofit organizations
implemented by agreements, private improvement district, contracts and covenants. All legal
instruments setting forth a plan or manner of permanent care and maintenance of such open space,
recreation areas and communally-owned facilities shall be approved by the City Attorney as to
legal form and effect, and by the Planning Commission as to the suitability for the proposed use of
the open areas. The aforementioned legal instruments shall be provided to the Planning
Commission together with the filing of the final plan, except that the Guarantee shall be filed with
the preliminary plan or at least in a preliminary form.
2. Common areas. If the common open space is deeded to a homeowner association, the developer
shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern
the association with the application for final plan approval. The provisions shall include, but not
necessarily be limited to, the following:
1 . The homeowner's association must be legally established before building permits are
granted.
2. Membership and fees must be mandatory for each home buyer and successive buyer.
3. The open space restrictions must be permanent, rather than for a period of years.
4. The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
5. Homeowners must pay their pro rata share of the initial cost; the maintenance
assessment levied by the association must be stipulated as a potential lien on the
property.
6. The association must be able to adjust the assessment to meet changing needs.
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NAME OF FILE: Ordinance No. 4434
CROSS REFERENCE:
Item # Date Document
1 11/19/02 Ord. No. 4434 w/Ex. A & Ex. B
2 10/24/02 Staff Review Form w/attachments:
memo to City Council dated 10/18/02
draft copy of ordinance
memo to City Council dated 10/10/02
copy of 10/14/02 Planning Commission minutes
copy of Ch. 163. Use Conditions
copy of Use Units proposed
3 12/06/02 memo to Tim Conklin
4 01/02/03 Affidavit of Publication
NOTES:
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of November 5, 2002.
FROM:
Tim Conklin Planning Urban Development
Name
Division
Department
ACTION REQUESTED: To adopt an ordinance to establish planned zoning districts
that permit the combination of development and zoning review into a simultaneous
process and to eliminate §166.06 Planned Unit Development.
COST TO CITY:
$0
Cost of this request Category/Project Budget Category/Project Name
Account
Number
Funds used to date
Program Name
Fund
Project
Number
Remaining balance
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Apyntin Manager Date
/a'7l-oL
Ci y Att rney Date
Purchasinq Officer Date
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION: Staff recommended approval and on October 14,
2002 the Planning Commission voted 7-0-0 to recommend the ordinance
be approved by the City Council.
.._.• / . /O./Q.. Cross Reference
Divi io d Date
/D- D
Del nL a. ctor Date New Item: Yes No
/a-2/
A i. rat' a Seri, ices WD
ate Prev Ord/Res#:
Dir t� r
Mayo a elf Orig Contract Date:
6
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM: Tim Conklin, AICP, City Planner
THRU: Hugh Earnest, Urban Development Director
DATE: October 18.2002
ADM 02-7.00: Administrative Item (Planned Zoning District) to adopt an ordinance to
establish planned zoning districts that permit the combination of development and zoning review
into a simultaneous process; to eliminate §163.21 Limited Neighborhood Commercial Uses
Within Residential Districts; and to eliminate § 166.06 Planned Unit Development.
BACKGROUND:
At the Planning Commission retreat on December 13, 2001, creation of a planned zoning district
was rated as a top priority for the 2002 Work. Program. The purpose of creating this district is to
allow for a simultaneous review process for zoning and development; remove the Planned Unit
Development section of the UDO; and remove the use conditions for Limited Neighborhood
Commercial Uses Within Residential Districts.
On February 25, 2002, the Planning Commission selected a subcommittee to review the Planned
Zoning District. The subcommittee met five times (May 15, June 13, June 20, and July 23) to
discuss the ordinance. The second meeting included a presentation by Dana Carney, a planner
with the City of Little Rock, who discussed the Planned Zoning District ordinance as it works in
Little Rock.
The Planned Zoning District was on the agenda for the August 26, 2002 Planning Commission
meeting. The item was tabled for further review by the City Attorney's office.
CURRENT STATUS:
On October 14,2002, the Planning Commission voted 7-0-0 to forward the ordinance to the City
Council for approval with review of the proposed elimination of §163.21 Limited Neighborhood
Commercial Uses Within Residential Districts and consideration of the addition to the Industrial
Planned Zoning District of Use Units, 13, 14, 18, 20, 25 and 26. Staff recommends that §163.21
Limited Neighborhood Commercial Uses within Residential Districts be eliminated. Planning
Commission is concerned about eliminating that option. Staff and the Planning Commission are
supportive of the addition of the use units to the I-PZD.
RECOMMENDATION:
Approval by City Council.
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L
Summary of the Proposed Planned Zoning District Ordinance
FINDINGS
Purpose. The purpose of the ordinance is:
• To allow for flexible guidelines for land development;
• To make informed land use decisions;
• To encourage minimal destruction of natural resources;
• To promote open space preservation; and
• To better utilize sites with unique geographic features.
Districts. The ordinance creates three planned zoning districts:
R-PZD Residential Planned Zoning District
C-PZD Commercial Planned Zoning District
I-PZD Industrial Planned Zoning District
The purpose of each district is described in detail.
The permitted uses
are provided
along with
conditions for specific land uses.
Eligibility. In order for a property owner to be eligible to apply for a PZD designation, the
property must be located within the city limits and the applicant must be the landowner or an
authorized agent. There is no minimum size for PZD applications.
Process. The first step is a pre -application conference between the applicant and the planning
staff. The purpose of the pre -application conference is to let the applicant become familiar with
the review process, to make sure the applicant will be able to submit all necessary information,
and to provide guidance to the applicant before they incur substantial expense on planning and
design. The PZD will then follow the same process and procedures as a large scale development.
Application fees. The application fees will be the sum of the fees for large-scale development,
preliminary plat and rezoning.
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
ORDINANCE OF THE CODE OF FAYETTEVILLE TO ESTABLISH A
PROCESS FOR THE EVALUATION AND APPROVAL OF PLANNED
ZONING DISTRICTS.
WHEREAS, flexible guidelines for the review of specific development plans are desirable;
and,
WHEREAS,
informed land use
decisions can guide development more effectively in the best
interest of the health,
safety and welfare
of the city;
and
WHEREAS, developments that are compatible with the surrounding area, harmonious with
the character of the neighborhood, do not have a negative effect upon the future development of the
area and create a stable environment are desirable; and
WHEREAS, the development and zoning review process shall be enhanced when review
and approval of development and zoning are addressed simultaneously;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That Chapter 161 Zoning Regulations is amended by inserting § 161.22 District PZD Planned
Zoning District, a copy of which marked Exhibit "A" is attached hereto and made a part hereof.
Section
2. That Chapter 166 Development is amended
by inserting §166.18
Planned Zoning District
Developments, a
copy of which marked Exhibit "B" is attached
hereto and made
a part hereof.
Section 3. That Chapter 163 Use Conditions, Section § 163.21 Limited Neighborhood Commercial Uses
Within Residential Districts of the code of Fayetteville is hereby repealed..
Section 4. That Chapter 159: Fees, Section §159.01 Fees/Schedule, subsection (B)(3) is amended by adding
a fee for Planned Zoning District applications as follows:
§159.01 Fees/Schedule
A. Fees
B. Fee Schedule
3. Development
Planned Zoning District
Non-residential
$1,125
Residential:
10 units/lots or less
$525
25 units/lots or less
$725
25 units/lots or more
$1,125
Section 5. That Chapter 151: Definitions is amended by deleting the definition of Planned Unit
Development and adding the following definitions:
Common Open Space. Land within or related to a development, not individually owned or
dedicated for public use, which is reserved for the exclusive use or enjoyment of the residents or occupants
of the development and their guests.
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•
Planned Zoning District. A zoning district that allows for comprehensively planned
developments for either single -use or mixed -use and permits development and zoning review as a
simultaneous process.
Private Open Space. The outdoor living area directly adjoining a dwelling unit or building,
intended for the private enjoyment of the residents or occupants of the dwelling unit or building and
defined in such a manner that its boundaries are evident.
Public Open Space. Open space, including but not limited to, any park, lake, stream, playground
,or natural area, commonly open to the public.
Recreational Structures. Anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground that has a primary use that is recreation in
nature. Among other things, recreational structures include tennis courts, basketball courts, swimming
pools and jogging trails.
Section 6. That § 166.05 (A) Requirement is hereby repealed and replaced with the following:
§166.05 Large Scale Development
A. Requirement. The development of a lot or parcel larger than one acre or development of
a Planned Zoning District must be processed in accordance with the requirements for a large-scale
development.
Section 7. That § 166.60 Planned Unit Development of the Unified Development Ordinance is hereby
repealed.
PASSED and APPROVED this day of , 2002.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By: DRAFT
HEATHER WOODRUFF, City Clerk
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EXHIBIT "A"
To be inserted in Chapter 161 Zoning Regulations:
§161.22 District PZD Planned Zoning District.
A. Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively
planned developments whose purpose is redevelopment, economic development, cultural enrichment
or to provide a single -purpose or mixed -use planned development and to permit the combination.of
development and zoning review into a simultaneous process. The rezoning of property to the PZD may
be deemed appropriate if the development proposed for the district can accomplish one or more of the
following goals.
I. Flexibility. Providing for flexibility in the distribution of land uses, in the density of development
and in other matters typically regulated in zoning districts.
2. Compatibility. Providing for compatibility with the surrounding land uses.
3. Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and
beneficial to the community.
4. Variety. Providing for a variety of housing types, employment opportunities or commercial or
industrial services, or any combination thereof, to achieve variety and integration of economic and
redevelopment opportunities.
5. No negative impact. Does not have a negative effect upon the future development of the area;
6. Coordination. Permit coordination of the planning of the land surrounding the PZD and
cooperation between the City and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
7. Open Space. Provision of more usable and suitably located open space, recreation areas and other
common facilities that would not otherwise be required under conventional land development
regulations.
8. Natural Features. Maximum enhancement and minimal disruption of existing natural features and
amenities.
9. General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious
developments consistent with the guiding policies of the General Plan.
10. Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
B. Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance
with the requirements of this chapter and Chapter 166 Development. Each rezoning parcel shall be
described as a separate district, with distinct boundaries and specific design and development
standards. Each district shall be assigned a project number or label, along with the designation "PZD".
The rezoning shall include the adoption of a specific master development plan and development
standards.
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C. R - PZD Residential Planned Zoning District
a. Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential
.developments and to accommodate single -use residential developments that are determined to be
more appropriate for a PZD application than a general residential rezone. The legislative purposes,
intent, and application of this district include, but are not limited to, the following:
1. To encourage a variety and
flexibility in
land development and
land use for predominately
residential areas, consistent
with the city's
general plan and the
orderly development of the
city.
2. To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land, can
be planned on a total basis.
3. To provide a harmonious relationship with the surrounding development, minimizing such
influences as land use incompatibilities, heavy traffic and congestion, and excessive demands
on planned and existing public facilities.
4. To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
5. To encourage the efficient use of those public facilities required in connection with new
residential development.
b. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 2
City -Wide Uses by Conditional Use Permit
Unit 3
Public Protection and Utility Facilities
Unit 4
Cultural and Recreational Facilities
Unit 5
Government Facilities
Unit 8
Single -Family and Two -Family Dwellings
Unit 9
Multifamily Dwellings — Medium Density
Unit 10
Multifamily Dwellings — HiDensity
Unit 12
Offices, Studios and Related Services
Unit I5
Neighborhood Shopping
Unit 19
Commercial Recreation
Unit 25
Professional Offices
Unit 26
Single -Family Dwelling
Unit 29
Single -Family, Two -Family and Three -Family Dwellings
c. Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the
gross floor area within the development.
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D. C-PZD Commercial Planned Zoning District
Purpose and intent. The C-PZD is intended to accommodate mixed -use developments
containing any combination, including multiple combinations of commercial, office or
residential uses in a carefully planned configuration in such a manner as to protect and
enhance the availability of each independent use. The C-PZD is also intended to
accommodate single use commercial developments that are determined to be more
appropriate for a PZD application than a general commercial rezone. The legislative purposes,
intent and application of this district include, but are not limited to, the following:
a. To encourage the clustering of commercial and office activities within areas specifically
designated to accommodate such uses and to discourage the proliferation of commercial
uses along major thoroughfares and noncommercial areas.
b. To provide for orderly development in order to minimize adverse impact on surrounding
areas and on the general flow of traffic.
c. To encourage orderly and systematic commercial, office or mixed use development
design or a combination thereof, providing for the rational placement of activities,
vehicular and pedestrian circulation, access and egress, loading, landscaping and
buffering strips.
d. To encourage commercial development which is consistent with the city's general plan.
e. To accommodate larger scale suburban developments of mixed -uses in a harmonious
relationship.
2. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 2
City -Wide Uses by Conditional Use Permit
Unit 3
Public Protection and Utility Facilities
Unit 4
Cultural and Recreational Facilities
Unit 5
Government Facilities
Unit 8
Single -Family and Two -Family Dwellings
Unit 9
Multifamily Dwellings — Medium Density
Unit 10
Multifamily Dwellings —High Density
Unit 12
Offices, Studios and Related Services
Unit 13
Eating Places
Unit 14
Hotel, Motel and Amusement Facilities
Unit 15
Neighborhood Shopping
Unit 16
Shopping Goods
Unit 17
Trades and Services
Unit 18
Gasoline Service Station and Drive -In Restaurants
Unit 19
Commercial Recreation
Unit 20
Commercial Recreation, Large Sites
Unit 21
Warehousing and Wholesale
Unit 25
Professional Offices
Unit 26
Single -Family Dwelling
Unit 29
Single -Family, Two -Family and Three -Family Dwellings
3. Conditions
a. In no instance shall the commercial or office use area be less than fifty-one percent (51%)
of the gross leasable floor area within the development.
b. Residential uses must be appropriate to the design of the project.
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c. Warehousing and light industrial uses shall have a gross area per use that does not exceed
five thousand (5,000) square feet and at least twenty percent (20%) of the floor area used
for retail sales.
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E. I-PZD Industrial Planned Zoning District
1. Purpose and intent. The 1-PZD is intended to accommodate industrial parks and single use
industrial developments that are determined to be more appropriate for a PZD application than
a general industrial rezone. The legislative purpose, intent and application of this district
include, but are not limited to, the following:
a. To provide for manufacturing activities in a manner compatible with the surrounding
area.
b. To encourage the application of sound planning and design principles in the orderly
development of industrial activities.
c. To maximize manufacturing potential without adversely affecting the living environment
of the community.
d. To encourage industrial development that is consistent with the city's general plan.
2. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 2
City -Wide Uses by Conditional Use Permit
Unit 3
Public Protection and Utility Facilities
Unit 8
Single -Family and Two -Family Dwellings
Unit 9
Multifamily Dwellings — Medium Densit
Unit 10
Multifamily Dwellings — Hih Densit
Unit 12
Offices, Studios and Related Services
Unit 13
Eating Places
Unit 14
Hotel, Motel and Amusemen. Facilities
Unit 15
Neighborhood Shopping Goods
Unit 16
Shopping Goods
Unit 17
Trades and Services
Unit 18
GasolineSService Stations.andsDrive-in Restaurants
Unit 20
Commercial=RecreationLai 'e Sites
Unit 21
Warehousing and Wholesale
Unit 22
Manufacturing
Unit 23
Heavy Industrial
Unit 25
Professional'offices
Unif26
Single-famil ,Dwellin s
Unit 27
Wholesale Bulk Petroleum Storage Facilities with Underground Storage
Tanks
Unit 28
Center for Collecting Recyclable Materials
Unit 31
Facilities Emitting Odors and Facilities Handling Explosives
3. Conditions.
a. In no instance shall the industrial use area be less than fifty-one percent (51%) of the
gross leasable floor area within the development.
b. Ancillary commercial and office uses shall be compatible with the design and scale of the
project.
c. Residential uses must be appropriate to the scope and character of the development.
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F. Bulk and Area Regulations
Residential density. Residential densities shall be determined on the basis of the following
considerations:
a. The densities of surrounding development; the densities allowed under the current
zoning;
b. the urban development goals and other policies of the city's general plan,
c. the topography and character of the natural environment, and
d. the impact of a given density on the specific site and adjacent properties.
2. Lot Area and Yard Requirements. Taking into consideration the unique aspects of each
project, preliminary development plans for Planned Zoning Districts shall conform as closely
as possible to the existing standards for lot area minimums and yard requirements under this
chapter.
3. Building height. There shall be no maximum building height except as may be determined
by the Planning Commission during the review of the preliminary development plan based on
the uses within the development and the proximity of the development to existing or
prospective development on adjacent properties. A lesser height may be established by the
Planning Commission when it is deemed necessary to provide adequate light and air to
adjacent property and to protect the visual quality of the community.
4. Building area. The Planning Commission shall review specific proposed lot coverages which
generally correspond to the guidelines for lot coverage in the respective residential, office,
commercial or industrial district which most depicts said development scheme.
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EXHIBIT "B"
To be inserted in Chapter 166: Development:
§166.18 Planned Zoning District Developments
A. Applicability. To
be considered for a planned
zoning district,
the applicant shall meet all of the
following criteria:
1. Location. Eligible properties include those located within the city limits.
2. Ownership. Eligible applicants for preliminary plan review shall be a landowner of record or an
authorized agent. The approved development plan shall be binding on all subsequent owners of the
land until revised or modified.
3. Size. There shall be no minimum tract size for a PZD application.
B. Application. The initial application for a PZD shall include the following items:
1. Application. Complete application form to request a PZD.
2. Copies. Copies of a development plan in accordance with the submission requirements on the
project application form. Copies of a preliminary plat if a subdivision of land is proposed in
accordance with the preliminary plat application form.
3. Fee. Applicant shall pay all required filing fees for a planned zoning district as set forth in Chapter
159 Fees of the UDO. If a subdivision of land is proposed, a fee for the preliminary plat shall also
be paid.
C. Review and Approval Procedures.
1. Pre -application meeting. Before submitting an application the landowner or authorized agent
shall confer with the Planning Division in order to become familiar with the development review
process. The staff shall inform the applicant of any perceived problems that may arise. A further
purpose of the pre -application meeting is to make sure the applicant has, or will be able to, submit
the necessary information for filing the application. The intent of this conference is to provide
guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys
and other data required in a preliminary plan.
2. Planning Commission. All planned zoning district applications shall follow the procedures for
large scale development as set forth in § 166.05 Large Scale Development. If a subdivision of land
is proposed, the applicant shall obtain subdivision approval as set forth in 166.01 Subdivision
Approval.
3. City Council. If the development plan is approved by the Planning Commission, it shall be
forwarded to the City Council for review. The City Council may grant or deny as submitted, or as
they may so amend, defer for requested changes or more information, or return the application to
the Planning Commission for further study. The applicant shall not modify to a design other than
that reviewed by the Planning Commission prior to City Council review. The City Council may
direct Planning Commission to reconsider specific aspects of the plan. If the development plan is
approved, an ordinance shall be prepared which incorporates the plan and conditions.
4. Appeals. Appeals from the action of the Planning Commission shall be in accordance with
Chapter 155 Appeals of the UDO.
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5. Repeals. The owner of an approved planned zoning district may, for cause, request repeal of the
ordinance establishing the development when it has been determined that the development will not
occur. A written request may be filed with the city clerk at any time up to three (3) years after the
date of adoption of the ordinance creating the planned zoning district. The request shall be
addressed to the Mayor and City Council, setting forth the cause for repeal.
The request shall be set for a public hearing at the earliest possible time to expedite the required
action. The owner of the subject planned zoning district zoned land shall provide notice of hearing
to adjacent property owners. Notice to others as required by law shall be provided by city staff and
signs shall be posted.
D. Development Standards, Conditions and Review Guidelines
2. Generally. The Planning Commission shall consider a proposed PZD in light of the purpose
and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and
review guidelines set forth herein. Primary emphasis shall be placed upon achieving
compatibility between the proposed development and surrounding areas so as to preserve and
enhance the neighborhood. Proper planning shall involve a consideration of tree preservation,
water conservation, preservation of natural site amenities, and the protection of watercourses
from erosion and siltation. The Planning Commission shall determine that specific
development features, including project density, building locations, common usable open
space, the vehicular circulation system, parking areas, screening and landscaping, and
perimeter treatment shall be combined in such a way as to further the health, safety, amenity
and welfare of the community. To these ends, all applications filed pursuant to this ordinance
shall be reviewed in accordance with the same general review guidelines as those utilized for
zoning and subdivision applications.
3. Screening and landscaping. In order to enhance the integrity and attractiveness of the
development, and when deemed necessary to protect adjacent properties, the Planning
Commission shall require landscaping and screening as part of a PZD. The screening and
landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of
the development plan, a detailed screening and landscaping plan shall be submitted to the
Planning Commission. Landscape plans shall show the general location, type and quality (size
and age) of plant material. Screening plans shall include typical details of fences, berms and
plant material to be used.
4. Traffic circulation. The following traffic circulation guidelines shall apply
a. The adequacy of both the internal and external street systems shall be reviewed in light of
the projected future traffic volumes.
b. The traffic circulation system shall be comprised of a hierarchal scheme of local collector
and arterial streets, each designed to accommodate its proper function and in appropriate
relationship with one another.
c. Design of the internal street circulation system must be sensitive to such considerations
as safety, convenience, separation of vehicular and pedestrian traffic, general
attractiveness, access to dwelling units and the proper relationship of different land uses.
d. Internal collector streets shall be coordinated with the existing external street system,
providing for the efficient flow of traffic into and out of the planned zoning development.
e. Internal local streets shall be designed to discourage through traffic within the planned
zoning development and to adjacent areas.
f. Design provisions for ingress and egress for any site along with service drives and
interior circulation shall be that required by Chapter 166 Development of this code.
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5. Parking standards. The off-street parking and loading standards found in Chapter 172 Parking
and Loading shall apply to the specific gross usable or leasable floor areas of the respective
use areas.
6. Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all
uses of land or structures shall meet the open space, buffer or green strip provisions of this
chapter of this code..
7. Sidewalks. As required by § 166.04.
8. Street Lights. As required by § 166.04.
9. Water. As required by § 166.04.
10. Sewer. As required by § 166.04.
11. Streets and Drainage. Streets within a residential PZD may be either public or private.
a. Public Streets. Public streets shall be constructed according to the adopted standards of
the City.
b. Private Streets. Private streets within a residential PZD shall be permitted subject to the
following conditions:
(I.) 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). Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
(3). All grading and drainage within a Planned Zoning District including site drainage
and drainage for private streets shall comply with the City's Grading (Physical
Alteration of Land) and Drainage (Storm water management) Ordinances. Open
drainage systems may be approved by the City Engineer.
(4). Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 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 owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund
shall be established by the PZD covenants. The covenants shall expressly provide
that the City is a third party beneficiary to the covenants and shall have the right to
enforce the street maintenance requirements of the covenants irrespective of the
vote of the other parties to the covenants.
(7). 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 PZD 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 PZD for
such cost. The protective covenants shall grant the City 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 covenants shall provide that
such covenants shall not be amended and shall not terminate without approval of
the City Council.
(8). The width of private streets may vary according to the density served. The following
standard shall be used:
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Paving Width
(No On -Street Parking)
Dwelling
Units
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.
(9). All of the traffic laws prescribed by Title VII shall apply to traffic on private streets
within a PZD.
(10.) There shall be no minimum building setback requirement from a private street.
(11). The developer 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.
12. Construction of Nonresidential Facilities. Prior to issuance of more than eight building permits for
any residential PZD, all approved nonresidential facilities shall be constructed. In the event the
developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in
the initial phase, the developer shall enter into a contract with the City to guarantee completion of the
nonresidential facilities.
13. Tree Preservation. All PZD developments shall comply with the requirements for tree preservation as
set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered
when planning the common open space, location of buildings, underground services, walks, paved
areas, playgrounds, parking areas, and finished grade levels.
14. Commercial Design Standards. All PZD developments that contain office or commercial structures
shall comply with the commercial design standards as set forth in §166.14 Site Development Standards
and Construction and Appearance Design Standards for Commercial Structures.
15. View Protection. The Planning Commission shall have the right to establish special height and/or
positioning restrictions where scenic views are involved and shall have the right to insure the
perpetuation of those views through protective covenant restrictions.
E. Revocation.
1. Causes for revocation as enforcement action. The Planning Commission may recommend to the
City Council that any PZD approval be revoked and all building or occupancy permits be voided under
the following circumstances:
a. Building permit. If no building permit has been issued within the time allowed.
b. Phased development schedule. If the applicant does not adhere to the phased development
schedule as stated in the approved development plan.
c. Open space and recreational facilities. If the construction and provision of all common open
spaces and public and recreational facilities which are shown on the final plan are proceeding at a
substantially slower rate than other project components.
Planning staff shall report the status of each ongoing PZD at the first regular meeting of each
quarter, so that the Planning Commission is able to compare the actual development accomplished
with the approved development schedule. If the Planning Commission finds that the rate of
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construction of dwelling units or other commercial or industrial structures is substantially greater
than the rate at which common open spaces and public recreational facilities have been
constructed and provided, then the Planning Commission may initiate revocation action or cease
to approve any additional final plans if preceding phases have not been finalized. The city may
also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke
those previously issued.
2. Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the
landowner or authorized agent giving notice of the alleged default, setting a time to appear before the
Planning Commission to show cause why steps should not be made to totally or partially revoke the
PZD. The Planning Commission recommendation shall be forwarded to the City Council for
disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the
appropriate action in the city clerk's office and the public zoning record duly noted.
3. Effect. In the event of revocation, any completed portions of the development or those portions for
which building permits have been issued shall be treated to be a whole and effective development.
After causes for revocation or enforcement have been corrected, the City Council shall expunge such
record as established above and shall authorize continued issuance of building permits.
F. Covenants, trusts and homeowner associations.
Legal entities. The developer shall create such legal entities as appropriate to undertake and be
responsible for the ownership, operation, construction, and maintenance of private roads, parking
areas, common usable open space, community facilities, recreation areas, building, lighting,
security measure and similar common elements in a development. The city encourages the
creation of homeowner associations, funded community trusts or other nonprofit organizations
implemented by agreements, private improvement district, contracts and covenants. All legal
instruments setting forth a plan or manner of permanent care and maintenance of such open space,
recreation areas and communally -owned facilities shall be approved by the City Attorney as to
legal form and effect, and by the Planning Commission as to the suitability for the proposed use of
the open areas. The aforementioned legal instruments shall be provided to the Planning
Commission together with the filing of the final plan, except that the Guarantee shall be filed with
the preliminary plan or at least in a preliminary form.
2. Common areas. If the common open space is deeded to a homeowner association, the developer
shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern
the association with the application for final plan approval. The provisions shall include, but not
necessarily be limited to, the following:
1. The homeowner's association must be legally established before building permits are
granted.
2. Membership and fees must be mandatory for each home buyer and successive buyer.
3. The open space restrictions must be permanent, rather than for a period of years.
4. The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
5. Homeowners must pay their pro rata share of the initial cost; the maintenance
assessment levied by the association must be stipulated as a potential lien on the
property.
6. The association must be able to adjustthe assessment to meet changing needs.
H:\USERS\COMMON\PLANNING\Reports\CC REPORTS 2002\PZD Ordinance.doc
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, AICP, Associate Planner
THRU: Tim Conklin, AICP, City Planner
DATE: October 10, 2002
ADM 02-7.00: Administrative Item (Planned Zoning District) to adopt an ordinance to establish
planned zoning districts that permit the combination of development and zoning review into a
simultaneous process; to eliminate §163.21 Limited Neighborhood Commercial Uses Within
Residential Districts; and to eliminate § 166.06 Planned Unit Development.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the attached planned zoning
district ordinance and forward to City Council for approval.
BACKGROUND
The Planning Commission held a retreat on December 13, 2001 to discuss the 2002 Work Program.
Items listed on the work program were developed by staff and the Planning Commission and based on
the implementation strategies of General Plan 2020. Creation of a planned zoning district was rated as
a top priority. The purpose of creating this district is to allow for a simultaneous review process for
zoning and development; remove the Planned Unit Development section of the UDO; and remove the
use conditions for Limited Neighborhood Commercial Uses Within Residential Districts. The 2002
Work Program schedules this project to begin by March 1, 2002 and completed by July 1, 2002.
Staff researched other planned zoning district and planned unit development ordinances to gather
additional information. A summary of the research is attached.
On February 25, 2002, the Planning Commission selected a subcommittee to review the Planned
Zoning District. The subcommittee met five times (May 15, June 13, June 20, and July 23) to discuss
the ordinance. The second meeting included a presentation by Dana Carney, a planner with the City of
Little Rock, who discussed the Planned Zoning District ordinance as it works in Little Rock.
The Planned Zoning District was on the agenda for the August 26, 2002 Planning Commission
meeting. The item was tabled for further review by the City Attorney's office.
H:IUSERSICOM6fOMPLANNINGIREPORTSIPCREPOR7S20021OCTOBERII0-141PZDORD/NANCEIPLANNEDZONING DISTRICT ADM01-7DOC
FINDINGS •
Purpose. The purpose of the ordinance is:
• To allow for flexible guidelines for land development;
• To make informed land use decisions;
• To encourage minimal destruction of natural resources;
• To promote open space preservation; and
• To better utilize sites with unique geographic features.
Districts. The ordinance creates three planned zoning districts:
R-PZD Residential Planned Zoning District
C-PZD Commercial Planned Zoning District
I-PZD Industrial Planned Zoning District
The purpose of each district is described in detail.
The permitted
uses are provided
along with
conditions for specific land uses.
Eligibility. In order for a property owner to be eligible to apply for a PZD designation, the property
must be located within the city limits and the applicant must be the landowner or an authorized agent.
There is no minimum size for PZD applications.
Process. The first step is a pre -application conference between the applicant and the planning staff. The
purpose of the pre -application conference is to let the applicant become familiar with the review
process, to make sure the applicant will be able to submit all necessary information, and to provide
guidance to the applicant before they incur substantial expense on planning and design. The PZD will
then follow the same process and procedures as a large scale development.
Application fees. The application fees will be the sum of the fees for large-scale development,
preliminary plat and rezoning.
H: IUSERSICOMMOMPLANNINGIREPORTSIPCREPORTS20021OCTOBER110-141PZDORDINANCEIPLANNEDZONING DISTRICT ADM02-7DOC
Planning Commission •
October 14, 2002
Page 5
ADM 02-7.00: Administrative Item (Planned Zoning District) to adopt an ordinance to
establish planned zoning districts that permit the combination of development and zoning
review into a simultaneous process; to eliminate §163.21 Limited Neighborhood Commercial
Uses Within Residential Districts; and to eliminate § 166.06 Planned Unit Development.
Aviles: The first item of business on our agenda tonight is old business, it is ADM 02-
7.00, which is an administrative item for the Planned Zoning District ordinance,
which is to adopt an ordinance to establish planned zoning districts that permit
the combination of development and zoning review into a simultaneous process;
to eliminate §163.21 Limited Neighborhood Commercial Uses Within
Residential Districts; and to eliminate § 166.06 Planned Unit Development.
Tim, would you like to give us the staff report?
Conklin: Thank you Madam Chair and members of the Commission. This item, the
Planned Zoning District, was discussed during the 2002 work program and
Planning Commission retreat held last December. This was identified as a top
priority for the Planning Commission to bring forward. The Planning
Commission did form a subcommittee. They did meet five times to work on
this Planned Zoning District. We did have a planner from the City of Little
Rock come up and meet with the committee and discuss how this Planned
Zoning District works within the City of Little Rock. The purpose of this
ordinance is to provide flexible guidelines for land development to make better
informed land use decisions, to protect our natural resources, to encourage open
space preservation. The ordinance is designed to establish three planned zoning
districts, residential planned zoning district, a commercial, and an industrial.
The property owner can apply for a planned zoning district. The process will
begin with a pre -application with the owner/developer and the Planning
Division staff. The actual zoning and the development review will follow the
same procedures as. we currently have for a Large Scale Development, which is
a multi -step process. The ordinance that we are asking to be passed to amend
our Unified Development Ordinance includes a section in the fee section which
will combine a fee for the rezoning and the Large Scale Development. That is
on page 1.4. We are also amending the definition of a Large Scale
Development. Currently anything over an acre requires a Large Scale
Development approval. The definition will be amended to also state that
anything that goes through a Planned Zoning District process will be processed
in accordance with the requirements for a Large Scale Development, that is a
change that we are proposing. Once again, the ordinance is set up into the three
districts. We have a Residential Planned Zoning District, a Commercial
• Planned Zoning District, and an Industrial Planned Zoning District. Within
those districts we list the use units that are allowed within each Planned Zoning
District.. For Residential you have to have 51% of the gross floor area for the
Commercial it is 51% and for the Industrial it is 51% also. During the
development of the ordinance we did make some minor revisions with the help
of the City Attorney's office. We clarified some language within the ordinance.
Planning Commission •
October 14, 2002
Page 6
We worked with our City Engineering Division and on page 1.16 made some
amendments to the section with regard to storm water drainage systems. Also,
our current street standards, and reflected that the city's storm water and grading
ordinances in the private streets will have to meet our current city street
standards. That was a change that was made. A little background with regard
to the term Planned Zoning Districts, this terminology is also known as a
Planned Unit Development or a Planned Development. We looked at a total of
seven cities when we did our survey. We have Las Vegas; Overland Park;
Grand Forks, North Dakota; Columbia, Missouri; Athens Clark, Georgia; Little
Rock, Arkansas. The ones that have a process that combines your zoning and
development review process together include Las Vegas; Grand Forks; Athens
Clark County, Georgia; and Little Rock, Arkansas. This is done in other cities,
municipalities in the United States. It is used to bring your zoning and
development review process together. The ordinance that will be amended will
remove the ability for the current process to use our Planned Unit Development,
which can go through a process without City Council approval and it will also
amend our limited neighborhood commercial use ordinance and it will delete
that ordinance, which allows conditional uses to be approved by the Planning
Commission without City Council approval. It is basically setting up a step
where we have used those similar type ordinances through the Planning
Commission level to approve the projects with conditions to mitigate potential
impacts. This ordinance will be used to once again, look at the development
project itself, look at the zoning regulations, and an ordinance will be drafted
which will then go to the City Council and the City Council will be looking at
this as a legislative act, a policy decision that they will have to make. It will add
that step in the process when we do change the land use from, for example, in
an R- 1 zoning district in a Planned Unit Development we do allow multi -family
development without having City Council approval. It will now add that step
where the City Council will have to approve any type of land use from a single-
family neighborhood to a multi -family apartment complex through a rezoning
type application. It has been used successfully in other cities. It answers a lot
of questions that come up during the rezoning process. This past year at the
Planning Commission level and City Council, we have seen the use of Bills of
Assurance to guarantee what the developer is promising the project will turn out
to be to the neighborhood and to the Planning Commission. As staff, we
currently can't ask to require the developer to abide by those types of promises.
The Planned Zoning District will allow staff to work with the developer and
applicant and the Commission to actually draft the ordinance to approve what is
being planned for that development. It is a positive. It is something I think that
will provide some assurance to the Commission when you make a
recommendation on a rezoning, it will provide assurance to the City Council,
and the public, and staff that what is actually being planned for that particular
development will be built and it will be an ordinance. I know that was a lot that
I went over. If you have any questions I would be more than happy to answer
them. Thank you.
Planning Commission •
October 14, 2002
Page 7
Aviles: Thank you very much Tim. Commissioners, are there any questions before I
open it up for public comment? Ok, I will go ahead and accept public comment.
Is there anybody in the audience that would like to talk about this proposed
ordinance? No one? This is a really big deal, we are going to have a good
change to our development procedure here. I guess you will have another
opportunity at the Council level. Commissioners, any questions for Tim?
Bunch: In reviewing this I noticed that there are several use units that are not included
in any of the three zoning districts. Those are 6, 7, 11, and 24 and also, I am
going to hit you with several here at once, there are some in the Planned Zoning
District Industrial that I would like to add but I would like to preface these
comments by saying that I realize that this is going to take some fine tuning and
tweaking and the bulk of this ordinance as it is presented, the proposed
ordinance, I am very much in favor of it. We can pick it to death forever trying
to amend small glitches and to apply variance things that we have learned over
the years, exceptions that would be nice to be included in it. I would like to
move this forward but at the same time, I would like to check on some of these
and Tim, could you tell us why the 6, 7, 11, and 24, if any of those need to be
included and if not, why not?
Conklin: With regard to trying to answer your question directly, I would have to look at
each of those use units and determine what uses are allowed within them.
Earlier we did have the conversation that there are some uses that would be
desirable to be allowed within the Planned Zoning District. What I would like
to do is move the ordinance forward and then if there are uses that we feel are
located within a use unit that could be moved to a use unit, for example, use unit
2 is a use unit that allows these certain type of uses as a conditional use
throughout the entire city, that we could move those uses into that use unit. I
would be more than happy to meet with individuals on the Commission between
now and the City Council and look at if there are any particular types of uses
that you feel need to be added into this. Overall, we are trying to create a
flexibility with regard to the type of uses you allow and we did list as many use
units as possible that we thought were compatible. Without going through each
use unit right now, I can't really answer your question, thank you.
Bunch: One other question to follow up with that, would it be at this time Tim or
Madam Chair, or another time if we wish to add a total use unit rather than
reviewing individual uses within a use unit, if we wanted to add a total use unit
to this before it is presented to the City Council, would we do it at this time or
could we do that between now and the City Council meeting?
Aviles: How lengthy is your use unit addition? Have you got it written up?
Bunch: I have a question that four or five use units could be added to the Industrial
Planning Commission . •
October 14, 2002
Page 8
Planned Zoning District.
Aviles: Why don't
you just
briefly state them so we
can get them into the
record and I
would say
that way
we would have a chance
to discuss it if we want
to.
Bunch: It would be Use Unit 13, which is basically eating places, Use Unit 14, Hotels,
Motels and Amusements; Use Unit 18, which would include convenience stores
and gas stations because we already have 17; also, Use Unit 20, which is large
recreational areas; and then Use Unit 25, which includes professional offices;
also, Use Unit 26, which is single-family one house in case someone wanted to
have a combination small manufacturing shop and house right next to it. If it
would be an industrial type manufacturing application. Those were the ones we
can do it as a motion or we can poll the panel to see if we want to discuss them
at this time. Those six Use Units potentially could be added to the PZD
Industrial PZD.
Aviles: I think that if you are trying to craft a motion you could make that as a
recommendation sent forward that those be included and I would certainly
support such a motion because I can think of several instances where office
parks, like office condominium type clustered building could be used or put
forth in a PZD or things like that.
Bunch: Again, this is one of the Industrial, which requires 51% be industrial use but this
is to allow for flexibility because many of these use units are compatible with
the rest of it. I don't foresee creating too many new problems. If you want me
to put that as a recommendation to have the City Council consider these
additional use units.
Aviles: I think that would work.
Allen: I think that is a good idea.
Aviles: I would
like to
get other Commissioners input
before we try to add everything at
once. Is
there
anybody else?
Allen: I think that is a good plan, a good way to accomplish that.
Aviles: I have a couple of questions for Tim. Is there an avenue that we could consider
that would provide smaller, non -controversial projects where no objections exist
to be approved at the Commission level? In any of these ordinances were there
small project designations that had lot areas of less than an acre or five acres or
something that even though it is a rezoning.
Conklin: We did not come across any of those. Probably the closest thing that we have to
that is our limited neighborhood commercial use ordinance where it is a
Planning Commission •
October 14, 2002
Page 9
conditional use process where we have approved an office in a residential
neighborhood. Because we were trying to accomplish this city wide, staff
thought that it would be better to have one process. In the other cities that we
looked at typically have a uniform process that you use to change your type of
land use and that is why we are recommending that we delete that limited
neighborhood commercial use ordinance and make that a rezoning type
decision that goes to Council because that is what we are pretty much ending up
with that conditional use process was a site plan review along with conditions
and changing the land use within the residential zoning district. I still
recommend that we try to keep it as one process and delete that current
ordinance. I think it will become confusing to the developers and the public and
the City Council and the Planning Commission possibly that one project could
be approved as a Conditional Use where another project would require Planning
Commission and City Council approval.
Aviles: The only thing that concerns me about that is that you have taken the
Conditional Use that you know, we are all pretty familiar with, that in some
cases is a small house being used for an office or something like that, and added
the step of the City Council to it. By appealing that I would say that we have
taken away an option and I would suggest strongly that we look at not repealing
that. I view this PZD ordinance as something really important and I think it is a
way to get approvals in many ways expedited on larger projects, and projects
that are on hillsides, and projects that have critical environmental features that
we want to preserve and move all the development over to the side or something
like that. On these little projects I am concerned about tying up the little guy in
too much red tape. I guess I would like to make a recommendation of my own
that we consider keeping the Conditional Use section of the ordinance. At least
for the time being until we come up with something more stream lined.
Conklin: I understand what you are talking about. I have concerns about having a dual
process in place and not being consistent with how we treat one development to
the next development with regard to a land use change. That concerns me a lot.
With regard to the ordinances that we have in place, I think this process will
result in better projects.
Aviles: Definitely for the majority of them. For the big guys I think it is definitely long
over due.
Conklin: I think even the smaller projects could benefit from this process also. I look at
some of the nonconforming situation we have in Fayetteville where we have
had to go in and work really hard to try to make something work. Karstetter and
Glass comes to mind where that was a very difficult project and there will be
opportunities to use this also to be able to tailor it to some of these situations. I
just have a lot of concern about you could have on your agenda a project for a
Conditional Use and a project for a Planned Zoning District and one is going to
Planning Commission
October 14, 2002
Page 10
0
require Council approval and the next one is not going to require Council
approval. Not to cause confusion over why one would have to get Council
approval verses another would not have to get Council approval. I will just add,
basically we are trying to tie down if you want to come through a process and
mitigate your project and design it and talk about what it is going to look like
and how you are going to landscape it and grade it and provide storm water and
those type of issues, be able to draft an ordinance and put it into a process that
becomes official and can be looked at and enforced by the City of Fayetteville.
Aviles: Thanks Tim.
Shackelford: A lot of my concerns are along the same line as yours. I have voiced in the past
the concern for the smaller development and what it is going to do to them. One
thing as I read this amendment, we talk about any PZD having to go through
Large Scale Development, I envision the situation again where we force smaller
projects through the Large Scale Development process that didn't previously
have to go through that process. Obviously, the concern there is expense and
time and that sort of thing. On page 1.20 we see some of the other areas that we
looked into, that we surveyed, their ordinance when we looked at this, there was
a request for waivers that were granted by some other communities and I
noticed that as this ordinance is written there is no request for a waiver. Is there
some area in which we could have a waiver set up to allow maybe some
smaller, simplified, non -controversial projects to go through without having to
go through this process?
Conklin: The main issue here is it is a Planned Zoning District. It is a legislative act. It is
an ordinance that shows up on your zoning map as a residential PZD. The
Planning Commission can not pass rezonings, only the City Council can. The
only other option is what Madam Chair stated was that leaving the Conditional
Use process, which concerns me having two things on the book that result in the
same thing but one changes the land use through the Conditional Use process
verses a rezoning process. I would be much more comfortable having the land
use changed at the City Council level than at the Planning Commission level.
That is why we are recommending it, I think some of these changes are
significant, especially going from a single-family, four units per acre to
apartment complexes and when we look at our zoning map it is still zoned R-1,
Low Density Residential. That concerns me. I think this will provide a means
to get a land use changed through the process and have an ordinance drafted that
addresses those issues. Thank you.
Shackelford: Just a follow up question so I understand. This will cause developments in the
past that have been less than one acre that have not had to go through the Large
Scale Development process in a rezoning and development situation, this will
cause them to have to go through the Large Scale Development going forward,
is that correct?
Planning Commission •
October 14, 2002
Page 11
Conklin: That is only if they are requesting to use this option. The current conventional
rezoning is still in place. This is only an option. Developers are not required to
use it. I see it as a benefit if the developer wants to use it to allow flexibility in
the design of their project. For example, if they want to cluster the units
together it removes the minimum lot area and lot size. That is one of the
changes that I did make. I didn't actually go over that with you but we did
amend that and put in terms like clustered development and allow for flexibility
in design where if they want to be innovative, creative and create lots and
homes that are closer together and save some natural resources there is the
ability to do that. There are some positives out there. It is basically taking our
current zoning regulations where it is fairly rigid, where you have to have the
minimum lot size and lot width and throwing that out and allowing a creative
development to come through and the Planning Commission can evaluate that
and the City Council can draft an ordinance to either approve it and actually be
very specific in what they are approving or if it doesn't comply with the
purposes of the PZD ordinance they can deny it. There is some benefit here. It
is not making people jump through hoops, it is actually allowing developers if
they have something innovative and creative that they want to bring to the City
of Fayetteville, allowing a mechanism for them to bring that forward to the City
of Fayetteville. Thank you.
Aviles: Ok, is there anybody else? Tim, in thinking about the deletion of the
Conditional Use option, what if we put in this ordinance that we could provide
for a Conditional Use based on size and area that was defined in this ordinance,
if they met those, sort of like an exemption or something.
Conklin: This is basically a zoning ordinance that will be passed by the City Council.
There is really no way to add that in there in my opinion. The City Council will
be passing an actual ordinance that will have to be read three times and voted on
by the City Council to approve a Planned Zoning District. The only way I can
see that you can accomplish what you want to do is to leave the Conditional
Use.
Aviles: I'm just saying leave the Conditional Use by some sort of size determination
that was listed in this ordinance so people wouldn't be confused. It is a
recommendation and I think it is something that I would like to continue to
work on as it goes forward. I have heard from various Commissioners that we
want a variance procedure, that we need to provide for small lots, that we need
to add several use units and what else? Does anybodyelse have any comments
before we entertain motions?
Bunch: Just what you mentioned yourself on the deletion of 163.21, Limited
Neighborhood Commercial Use With Residential Districts, the elimination of
our current process there. I tend to concur with you that for the more limited
Planning Commission . •
October 14, 2002
Page 12
uses, since this PZD is an optional path then we could have on our agenda
people taking that path as well as taking traditional paths so the Conditional Use
is another one of those traditional paths that we may have. On a given agenda
we may have several items where there is an option to the applicant as to which
path to take. I kind of hate to remove that one path at the expense of a smaller
business.
Aviles: A Conditional Use process is I think a fairly universal zoning process that I am
just reluctant to get rid of.
Conklin: Fairly universal, how we us it is fairly innovative. I was here when we brought
that ordinance forward and it has been used in some other communities.
Looking at how Planned Zoning Districts are used in other communities
however, they approve projects that are small through this process and to not
cause confusion for the public and neighborhoods about why a project can be
approved at the Planning Commission level when you are changing land use
verses another has to be approved by the City Council. That is why we are
trying to recommend that change. I just want the public and the Commission to
understand that even if it doesn't go through the Large Scale Development
process, they still have to comply with our storm water and grading and
drainage plans, our tree preservation, our commercial design standards. The site
plans that you look at when you look at when you look at a Conditional Use
process you do see a lot of work that has already been done even though it
didn't have to go through Large Scale Development. Keep in mind, the
applicant is trying to get this approved by the Planning Commission, you will
see rendered elevation drawings and very detailed site plans and Engineering
will still require them to go through and get those grading and drainage permits
and tree preservation plans approved. Thank you.
Aviles: Thanks Tim.
I guess
I just recommend then that
we look at Conditional Uses
remaining for
projects
that are less than an acre or
something like that.
Shackelford: Madam Chair, I would concur with that also. I think that we talk about this
being a voluntary path but we also talk about doing away with 163.21 which
takes away a different path. When you start talking about eliminating other
paths then it is not as voluntary. I like the thought of keeping the Conditional
Uses in place for the smaller projects as well.
Aviles: Thanks. Does anybody have any motions?
MOTION:
Bunch: I will try to make a motion. I move that we forward ADM 02-7.00 to the City
Council with the recommendation to review the deletion of the Conditional Use
process and the changing of smaller projects to where they require Large Scale
Planning Commission •
October 14, 2002
Page 13
Development process and
also to recommend
to
consider the addition to the
Industrial Planned Zoning
District of Use Units
13,
14, 18, 20, 25, and 26.
Aviles: Ok.
Do we want
to add a variance
procedure or is that taken care of in the
U.D.O.
separately
administratively?
Conklin: I think that was taken care of at the sub -committee when we talked about at the
committee of undue hardship. If not, we can add one in there. Madam Chair, I
have one question before you vote if that is ok. Is the concern requiring them to
go to City Council or is there a concern about the Large Scale Development
process?
Aviles: Probably both.
Conklin: I can deal with the Large Scale Development process probably, Council is a
different issue. Thank you.
Aviles: Thanks Tim. I have a motion on the floor, do I have a second?
Shackelford: I will second.
Aviles: There is a motion by Commissioner Bunch and a second by Commissioner
Shackelford. I will remind the Commission that since this is an administrative
item I believe it takes five positive votes for passage and we have two
Commissioners absent.
Bunch: Madam Chair, also, under Exhibit "B" under appeals, it does reference Chapter
155 of Appeals in the U.D.O.
Aviles: Ok, thank you. Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward ADM 02-7.00 was
approved by a vote of 7-0-0.
Aviles: Thanks Renee, the motion carries unanimously. This will be forwarded to the
City Council for hopeful passage.
0
From Chapter 163 Use Conditions
Fayetteville Unified Development Ordinance
Staff is recommending elimination of the following ordinance. Planning Commission is
concerned about eliminating this ordinance.
§163.21 LIMITED NEIGHBORHOOD
COMMERCIAL USES WITHIN RESIDENTIAL
DISTRICTS.
A. Purpose. These regulations are intended
to mitigate the potential adverse impacts associated
with commercial uses within residential areas by
allowing limited neighborhood commercial uses
within residential areas by allowing limited
neighborhood commercial uses that are compatible in
size, scale, massing, and residential appearance with
adjoining and surrounding residential uses. Limited
neighborhood commercial uses are regulated in order
to:
1. Enhance and regulate the
appearance of neighborhood commercial uses within
residential areas.
2. Protect adjoining properties
from the potential adverse impacts associated with
commercial uses adjacent to residences such as
traffic, noise, appearance, lighting, drainage, and
effect on property values.
3. Provide areas for off-street
parking and storage of motor vehicles that will be
appropriate in size, location, and scale within
residential areas.
4. Provide commercial uses that
are accessible for the convenience of individuals
living in residential districts.
5. Reduce the length and number
of trips generated by residential development.
B. Uses Allowed. Drive -through or drive-in
establishments shall not be allowed as a conditional
use under this use category. The following uses may
be allowed as a conditional use within all residential
zoning districts subject to certain conditions:
1. Personal Services (maximum
gross floor area of 2,000 square feet):
a. Hair salons and barber
shops with three or fewer licensed operators.
b. Tailoring
c. Shoe repair
d. Dry cleaning
e. Day care
2. Specialized Retail (maximum
gross floor area of 3,000 square feet):
a.
Antique shops
b.
Bicycle shops
c.
Gift stores
d.
Flower shops
e.
Book stores
f.
Craft and hobby stores
g.
Stationery
h.
Bakeries
i.
Delicatessen
j.
Grocery stores
k.
Owner occupied "mom
and pop" stores
1.
Small appliance repair
shops
m. Hardware stores
n. Coffee shops
o. Restaurants
p. Drug stores
3. Professional Offices (maximum
of four professionals and maximum gross floor area
of 3,000 square feet) Examples of professional
offices are listed below:
a. Doctors office
b. Dentists
c. Insurance sales
d. Welfare agency
e. Architect
f. Engineer
g. Attorney
h. Accountant
i. Business or management
consultant
j. Realtor
k. Broker
I. Interior decorator
m.Veterinary small
animal out -patient clinic.
4. Studios
floor area of 3,000 square fee
a.
b.
c.
d.
For: (maximum gross
t):
Art
Dance
Music
Photography
H:\USERS\COMMON\PLANNING\Reports\CC REPORTS 2002\PZD Ordinance.doc
5. Similar Uses. When a use is not
specifically listed above, it shall be understood that
the use may be permitted as a conditional use if it is
determined by the City Planner that the use is similar
to other uses listed. In determining "similarity" the
City Planner shall make all of the following findings:
a. The proposed use
meets the purpose of this section and the goals and
policies of the General Plan;
b. The proposed use shall
not adversely impact the public health, safety and
general welfare of the.neighboring residents;
c. The proposed use shall
be similar to the uses listed above considering use
intensity and characteristics.
C. Conditions for Approval. The uses
listed above may be allowed as a conditional use
within residential districts and shall meet the
following conditions. The Planning Commission
shall make findings for each of the conditions below
in addition to those conditions found in § 163.02:
1. The proposed use shall not
adversely affect local traffic conditions on adjoining
streets, require more than one curb cut per lot, or
create greater noise than a permitted use within the
district.
2. Before limited neighborhood
commercial uses may be allowed as a conditional use
within residential zoning districts, the Planning
Commission or subcommittee shall review the design
elements of proposed new structures and remodeled
structures. The Planning Commission shall evaluate
the design of the proposed structure with regard to
adjacent and surrounding residential structures
specifically addressing residential design elements as
listed below.
a. Building Massing
(height, width, and bulk of structures, type and angle
of roof line), Projections, and Materials. Existing and
proposed structures shall incorporate similar
residential design elements such as building widths,
heights, roofs, and building shapes found within the
neighborhood.
b. Location and Design of
Off -Street Parking Areas, Utility Equipment, and
Trash Enclosures. Placement of the parking areas or
lots, utility equipment, and trash enclosures shall be
designed to have minimal visual impact to adjacent
property owners and to the street. Screening of these
elements may be accomplished with plantings, walls,
architectural features, and/or fencing.
c. Location and Use of
Yard Areas. Structures shall be located on the site to
achieve similar residential yard areas and setbacks
within the neighborhood.
d. Ratio of Landscaped
Area to Areas Covered by Impervious Surfaces
Within the Neighborhood. Site plans shall be
designed to maximize unpaved open areas on the site.
e. Location, Scale and
Design of Signing. One wall sign shall be allowed
with a maximum area of four square feet. The color
of the sign shall be compatible with the colors of the
structure and only indirect external lighting is
allowed.
L Proportion of Openings.
Windows and doors shall be similarto what is found
on residential structures.
g. Materials. Colors, and
Textures of Buildings. Use compatible materials,
colors, and textures similar to adjacent residential
structures.
h. Outdoor Lighting. Any
proposed outdoor lighting shall be shielded. The
height and location of lighting shall be designed to
minimize light spread into adjacent properties and
shall be turned off at business closing.
3. Landscape and Buffer. The
Planning Commission shall have the authority to
direct the placement of landscaping to buffer adjacent
properties from adverse effects.
D. Compliance with Zoning
Requirements. All new or enlarged structures shall
comply with the zoning requirements including but
not limited to density, height, building coverage,
parking, and setbacks. Structures may combine
residential and commercial uses subject to height,
setbacks, and density requirements. Parking
requirements for the structure shall be the sum of the
residential and commercial parking required.
E. Design Review and Application
Submittal. In addition to the conditional use
application, the following drawings and plans shall
be presented as part of the application:
1. A site plan drawn to scale
showing the flow and location of parking and the
building footprint.
2. Elevation drawings of all sides
of the structure and proposed sign.
3. Material sample board
indicating type of material and colors to be used on
the exterior of the building.
H:\USERS\COMMON\PLANNING\Reports\CC REPORTS 2002\PZD Ordinance.doc
4. A landscape plan (plan view),
showing the location of all proposed landscaping,
size of plant material, and species.
(Code 1991, §160.098; Ord.. No. 3892, §2, 5-16-95)
H:\USERS\COMMON\PLANNING\Reports\CC REPORTS 2002\PZD Ordinance.doc
0
Use Units Proposed
to be Added to the I-PZD (Industrial Planned Zoning District)
M. Unit 13. Eating Places.
1. Description. Unit 13 is established so that eating places can be located as
needed without necessarily introducing other commercial uses.
2. Included Uses.
Eating Places, Other Than Drive -Ins, Which Do
Not Provide Dancing or Entertainment
N. Unit 14. Hotel, Motel and Amusement Facilities.
1. Description. Unit 14 consists of hotels, motels and certain types of amusement
facilities.
2. Included Uses.
Auditorium
Dance Hall
Hotel
Membership Lodge
Motel
Motion Picture Theater
Night Club
Restaurant Providing Dancing and/or
Entertainment
Tavern
R. Unit 18. Gasoline Service Station and Drive -In Restaurants.
1. Description. Gasoline service stations and drive-in restaurants can be
significantly objectionable to nearby uses, so,
where necessary to provide this use.
2. Included Uses.
Gasoline Service Station
Self -Service Auto Wash ( in conjunction with a
gasoline service station)
Drive -In Restaurant
therefore, have been allowed only in districts
H:\USERS\COMMON\PtANNING\Reports\CC REPORTS 2002\PZD Ordinance.doc
C
T. Unit 20. Commercial Recreation, Large Sites.
1. Description. Unit 20 consists of commercial recreation facilities which are usually
conducted out-of-doors, on large sites, and in undeveloped, outlying parts of the City. Uses in
the unit have an adverse effect on certain other uses, in that they are often noisy and are large
traffic generators.
2. Included Uses.
Amusement Park
Drag Strip
Drive -In Theater
Fairgrounds
Fishing Dock
Go -Cart Track
Golf Range
Miniature Golf
Race Track
Y. Unit 25. Professional Offices.
1. Description. Unit 25 consists of small professional offices that are compatible
with medium and high density residential areas.
2. Included Uses.
Doctor's Office (no more than
four doctors)
Dentist's Office ( no more than
four dentists)
Insurance Sales
Studio for Teaching Any of the
Arts
Fine or Liberal
Photography Studio
Welfare Agencies
Architect
Engineer
Attorney
Accountant
H:\USERS\COMMON\PLANNING\Reports\CC REPORTS 2002\PZD Ordinance.doc
Business or Management Consultant
Realtor
Broker
Interior Decorator
Veterinary Small Animal Out -Patient Clinic
Z. Unit 26. Single -Family Dwellings.
1. Description. Unit 26 is provided in order that single-family detached dwelling
may be located in appropriate residential areas.
2. Included Uses.
I Single -Family Detached Dwellings
H:\USERS\COMMON\PLANNING\Reports\CC REPORTS 2002\PZD Ordinance.doc
FAYETTEVI &E
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin
From: Heather Woodruff, City Clerk
Date: December 6, 2002
Attached is a copy of Ordinance No. 4434 amending Title XV: Unified Development
Ordinance of the code of Fayetteville to establish a process for the evaluation and
approval of planned zoning districts.
The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
Is / S
^.7
qn
1W1 EL L h I1LM" D
AFFIDAVIT OF PUBLICATION
1, 9 do solemnly swear that I am
Lega Clerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
was inserted in the regular editions on
** Publication Charge: $/c'/O• 9/
Subscribed and sworn to before me this
day of ,-2e02. DC3
Notary Public
My Commission Expires: Official Seal
TAMMY ALLEN
Notary Public -Arkansas
WASHINGTON COUNTY
** Please do not pay from Affi Commission Expires 11-05-2011
An invoice will be sent.
RECEIVED
!JAN 062003
CRYOFF,:iii EViLLE
an' CLERICScR sGt3
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
ORDINANCE NO. 4434
ORDINANCE AMENDING TIRE W. UNIRED DEVELOPMENT ORDINANCE OF THE CODE OF
ETTEVILLE TO ESTABUSH A PROCESS FOR THE EVALUATION AND APPROVAL OF PLANNED
Section 1. That Chapter 161 Zoning Regdatbra is weeded by Treating §161.22 District PZD Planned
Zoning Diskkt, a copy of which marked Exilbt'Ais attached hereto and made a pert hereof.
Section 2. That Chapter 166 Developncnt is amended by inserting §166.18 Rained Zoning District
Developments, a copy of which narked ExFYdt'B' is attached hereto and made a part hereof.
Section 3. That Chapter 163 Use Conditions, Section §163.21 Limited Neighborhood Commercial Uses
Within Residential Districts of the Code of Fayette'lAe is hereby repealed.
Section 4. That Chapter 159: Fees, Section §159.01 FeatiScheotle, subsection (BX3) Is amended by
adding a fee for Planned Zoning District applications as follows:
§159.01 Fess/Schedule
A. Fees
B. Fee Schedule
3. Development
Planned Zoning District
Nm-residential
$1,125
Resdental:
10 udl5Mts cc less
$525
25 ur slots a less
$725
25 uritslots or more
§166.05 Large Scale Development
A. Requtenent. The development of a lot or parcel larger than one ace a development of a Planed
Zo brig District must be processed In acwdance with the regdrements for a Inge -scale development.
Section 7. That §168.60 Planned Unit Development of the United Development Ordinance is hereby
the 19th day of Nwembec 2002.
In Ctcpter 161 Zorti Rcga eons: §161.22 DUmct PZD Planned Zoning Dlsatt.
'Jo negative Impact. Does not have a negative effect upon the future tlaaikki mnt of the area:
Coadinstbn. Permit coordnetbn of the planning of the lend suraud'rg the PZD and cooperation
wean the City and private devetpers In the urbanization of new ends and in the renewal of existing
aiorati g woes.
Open Space. Provision of more unable and sdaby located open space, recreation areas and other
mvran faditles that wad not othervnse be required under conventional Wind development regulations.
Natural Features. Maximum eMancement and MNnal disruption of existing natural features and
Plan. Comprehensive and Innovative planning and design of mixed use yet harmonious
its consistent with the gudbg policies of the General Plan.
Features. Better utilization of sites characterized by special features of geographic location,
site or shape.
t 1 Clly-Wide Uses by Right
t 2 City -Wide Uses by Conditions) Use Permit
it 3 Public Protection and UWly Facilities
sit 4 Cultural and Recreational Fadllties
at 5 Goverment Focllities
die Surge-Famiy and Two -Family Dwellings
t 9 Multifamily Dwotings - Medium Density
d 10 Multifamiy Dwellings - High Densly
sit 12 Offices, Studios and Related Services
it 15 Neighborhood Shopp:rig
1t19 Commercial Recreation
it 25 Professional Offices
dl 26 Single -Fare y Dw•emng
it 29 Strgto-Famiy Two-Famiy and Three -Family Dwellings
Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross
accornredate such uses and to discourage the prdifererbn of commercial uses Gong motor
Nwaghfares end noncommercial auras.
b. To provide for orderly development In Nder to minimize adveranMpact on surrounding areas and on
the general flow of traffic,
c. To encourage ordery and systematic commemal, office or fluxed use development design or a
comdretkin thereof. providing for the rational pewnent of ectivllee vehicular and pedestrian simulation.
access and egress. ion rig, landscaping and buttering strips.
d. To encourage Wmmerclal development which is consistent wdmhe city's general plan.
a. To accommodate lager scale suburban developments of mixed -acs in a hamiatlous relationship.
unit 1
pry -Wide Uses by Right
Unit 2
Oty-Wide Uses by Conditional Use Permit
Unit 3
Pudic Protection and Utty Facdties
Unit 4
Guttural and Recreational Fades
tnt 5
Government Facilities
Unit 8
Sege-Fansy ad TvvaFamly DweSnngs
Unit 9
Miltitan iy Dwe gs - Medium Density
Utk 10
Multflan y Dwe rigs - High Density
Unit 12
Offices, Stud and Related Services
Unit 13
Eating Pieces
Unit 14
Hotel. Motel arid Amusement Fadddes
Ut 15
Neighborhood Shopping
Unit 16
Shoppng Goods
Unit 17
Trades and Services
Unit 18
Gasoline Seance Station and Drive -In Restaurants
Unit 19
Commercial Recreation
Unit 20
Commercial Recreation, Large Sites
Unit 21
Warehousing and Wholesale
Unit 25
Professional Offices
Unit 26
Sngle-Family Dwelling
Unit 29
Site -Family, Two-Famly and Three-Farnty Dwellings
3. Conditions
a. In no Instance sfnil the commercial or office use area be less than fifty-one percent (51 %) of the gross
leasable floor area within the development,
b. Residential uses must be appropriate to the design of the protect.
c. Warehousing and light industrial uses shall have a gross area per use that does hot exceed five
thousand (5,000) square feet and at least twenty percent (20%) of the floor area used for entail sales.
E. I-PZD Industrial Planned Zoning District
1. Purpose and Intent. The I-PZD is intended to accommodate ndtstfal pads and single use industrial
developments that are determined to be more appropriate for a PZDappicatbn than a general Industrial
rezone. The legislative purpose. Intent end application of the dsth nude, but are not linked to, the
followig:
a. To provide for manufacturing aclMdes In a merver compatible with the surroudlg area.
b. To encourage the application of sound panning and design pr dpes In Mir orderly• developrnent of
trdustrlel actMdes.
c. To maize menMecoxig potential without adversely affecWug the living erwirarnnent of the
community.
d. To encourage Industrial development that is consistent with the city's general pan.
Unit 1 City -Wide Uses by Right
Ut 2 Oty-Wide Uses by Conditional Use Permit
Lit 3 RA6c Protection and Utility Fad1lles
Untlt 8 Si gle-Fam7y and Two-Fwny IMaings
l
Unit 10 MUIU� DweCngDensity
s- Hgh Density
Unit 12 Offices. Studios and Reared Services
Unit 13 Eating Races
Unit 14 Hotel. Motel and Artxnement Fadfities
Unit 15 Neightim oad Shopping Goods
Unit 16 Shopping Goods
Link 17 Trades ad Seances
Unit 18 Gasoline Seance Stations and Drive -In Restaurants
Link 20 Commercial Recreation, Large Sites
Unit 21 Warehousing ad Wholesale
Unit 22 Manufacturing
Unit 23 Heavy Industrial
Unit 25 Professional Offices
Unit 26 Single-famly Dwellings
Unit 27 Wholesale Bulk Petroleum Storage Facilities with Underground Storage Tanks
Unit 28 Center for Collecting Recyclable Materials
Unit 31 Facilities Emitting Odors and Facilities Handing Explosives
3. Conditions. I
a. In no instance shall the Industrial use area be less than fifty-one percent (51%) of the gross leasable floor
area within the development.
b. Andlary commercial and office uses shall be compatible with the deign and Scale of the project.
c Residential uses must be appropriate to the scope and character d.the development.
•
EXHIBIT'S'
To be inserted in Chapter 166: Development: §166.18 Planned Zoning District Developments
A. Applicability. To be considered for a planned zoning district, the appfwnt shall meet all of the following
criteria:
1. Location, Eligible properties Include those located within the city limits.
2. Ownerslhp. Eligible applicants for preliminary plan review shat be a landowner of record or an
authorized agent. The approved development plan shall be binding anal subsequent owners of the land
until revised or modified.
3. Size. There shad be no minimum tract size for a PZD applicator.
3. City Council. If the development plan Is approved by the Planning Commission, it shall be forwarded to
the City Cound for review. The City Council may giant or deny as submitted, or as -they may so amend,
defer for requested changes or more Information. or rerun the application b the Planning Commission for
further study. The applicant shall hot many to a design other than that reviewed by the Planning
Commission prior to City Council review. The City Council may direct Planning Commission to reconsider
specific aspects of the plan. If the development plan Is approved, an ordi ance shat be prepared which
Incorporates the plan and conditions,
4. Appeals. Appeals from the action of the Planning Commission shall be In accordance with Chapter 155
Appeals of the UDO.
forth herein, Primary emphasis shall be placed upon achieving compesrnllty between me proposed
development and surrounding areas so as to preserve and e.ance the neighborhood. Proper planning
shell involve a consideration of tree preservation, water conservation. preservation of natural site amenitles.
end the protection of watercourses from erosion and siltation. The Planning Cam'sslor$shatl determine
that specific development features, 4ldudbg project density, building locations, common usable open
space, the vehicular drNatlon system, parking area wearing and landseepirg, and perimeter
treatment shall be combined in such a way as to Ivmer the health, safety, amenity and welfare of the
communly. To these ends, aft applications filed pusant to ttrs finance shall be reviewed n accordance
with the same general review guidelines as those utlhed for zoning and subdMNon applications.
3. Screening and landscaping. In order to enhance the integrity and attractiveness of the development,
ad when deemed necessary to protect adjacent propertes, the Ran ng Commission shed require
landscaping and saaening as pert of a PZD. The screening and landscaping shell be pwlded as set forth
in §188.09 Butter Strips and Screening. As part of the development plan, a detailed screerbg and
landscaping plan shell be submitted to the Planning Co mission. Landscape plane shaft dew the general
location, type and quafity (size and age) of park material. Skeet g plans shaft nude typical detab of
faces, berms and plant materiel to be used.
4. Traffic circuation. The folio irg traffic circulation guldebnes shall app':
a, The adequacy of both the internal and external street system shat be reviewed In light of the projected
tutee traffic vournes.
b. The traffic ciiaiation system shed be comprised of a hierarchal scheme of bcal co octa and a ledel
streets, eedt designed to sammodete Its proper unction and in appropriate reladonshp with one
isomer,
c. Design of the internal skeet circulation system must be sensitive to such considerations as safety.
convenience, separation of vehicular and pedestrian traffic. general altacthenessaccess to dwalltig units
and the proper relationship of different end uses.
d. Internal wiector streets shad be coordinated with the existing external street system, Providing for the
efficient Dow of traffic into and out of the planned zoning development.
e. Internal local streets shall be designed to discourage through trelfc wthn this planned zoning
development end to adjacent auras.
1, Design provisions for ingress and egress for any site along with seance drives and interior circulation shell
be that required by Chapter 166 Development of this code.
5. Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and
Loading shall app y to the specific gross usable or leasable floor areas of the respective use areas.
6. Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of lard
or structures shall meet the open space, buffer or green strip provisions of this chapter of this code.
7. Sidewalks. As required by §188.04.
8. Street Lights. As required by §166.04.
9, Water. As required by §168.04.
10. Sower. As required by §166.04.
11,Streets and Dranage. Streets within a residential PZD may be either public or private.
a. Public Streets. Pubic streets Nod be constructed according to the adopted standards of the City.
b. Private Streets. Private steed within a residential PZD shall be permitted subject to the blowing
corditiors:
(1.) Private streets shad be permitted for only a loop skeet, or street ending with a as. -de -sac. Arty street
connecting one or more public streets shad be constructed to existing City standards and stall be'
de®rated as a public street.
(2). Private streets shall be designed and constructed to the same standards as pudic streets with de
exceptions of width and of -de sacs as noted below.
(3). Al grading and drainage within a Planned Zoning District including site drsinega and sir rage fa
private sweets shat compy with the Otyb Grading Physical Adoration of Land) and Dairage (Storm water
management) Ordinances. Open drainage systems may be approved by the City Engles.
(4). Maximum density served by a oi-de-sac shad be 40 utit. Madrtnm density served by a loop skeet
daft be 60 units.
(5). The plat of the planned development shaft designate each private street as 8'prtate street'
(6). Maintenance of private streets shall be the respaxsibi ty of the developer a of a meghbohood
property owrea association (POP) and shell not be the responsbMy of the City The medcd for
nnsntererce and a maintenance And shad be estatGVad by the PZD covenants. The covenants that
expr ssty provide that the City Is a third party beneficiary to the covenants and shad have the right to
enforce the street maintenance requirements of the covenants t e pocNre of the vote of Me other parties
to the covenants.
(7). The covenants shoe provide that in the event the private streets are not maintained as required by the
covenants, the City dad have the right On shall not be requned) to maintain said streets and to large
the cost thereof to the property owners within the PZD on a pro ran basis according to assessed vauetbn
for ad valorem tax purposes and shall have a lien on the real property withinthe PZD for sch cost The
protective covenants shed giant the City site right to mme at private streets for purposes of providing fire
and police protection, sanitation service and any other of the municipal functions. The protective
covenants shall provide that much covenants shall not be amended and shad not terminate without
approval of the City Council.
(8). The width of private streets may vary according to the density served. The following standard that be
used:
Pa lrg Width
(No On -Skeet Parking)
Dwelling Units One -Way Two -Way
1 - 20 14' 22'
21+ 14' 24'
h'r 'Vrii1ri U1
:1• -L : r•• cau • I I • u • • :I•
E. Revocation.
1. Causes for rewdadm as enforcement fiction, The Planning Commission may recommend to the City
Council that any PZD approval be revoked and aft building or occupancy perm is be voided under the
following cirPufmstances:
a. Building permit. If no building permit has been issued within the lime allowed.
b. Phased development schedule. If the applicant does not adhere to the phased development schedule
as sated in the approved development plan.
c. Open space and recreational facilities. If the construction and provision of all common open spaces and
pudic and recreational fatuities which are shown on the final plan are proceeding at a substantially dower
rate than other project components.
staff shed report the status of each agora PZD at the rust regular meetno of each
JJ ILYlA L• 1 lu• L•�I,u • • •.••u -L ••I.•- ,•. •.: •e •a :•_:J �•
2. ProceNaes. Prior to a recanne elation of revocation, notice by ardted mal shall be salt to the
ardowner or authorized agent living notice of the alleged default, setting a time to appear before the
Playing Commission to show cause why steps staid not be made to totally or partially revoke the PZD.
The Planing Commission remmrnerdatbn shaft be forwarded to the City Court for dlsposlbn as In
Original approvals. In
theevent a PZD is revoked, the City Card Mad take the appropriate action n the
city pad the public zo tg record duly noted.
3. Elect. In the wend of revocation, any completed portions of the development or dose potions for
wlidt bid permits have been Issued Net be created to be a wide and effective devevebpment. After
mason for revocation a adomineral have been corrected, the City Council shat exPuge such record as
established above and shaft authorize continued issuance of building perms.
F. Covenants, trusts and homeowner associations.
1. Legal entitles. The developer shat create such legal entities as appropriate to undertake and be
responsible for the ownership, operation, ccm mdbn, and maintenance of private roads. parking areas,
common usable open space, community fadities, recreation areas, buiding. fighting, security measure
and similar common elements in a development. The city encourages the creation of homeowner
associations, funded community trusts or other nonprofit Organizations Implemented by agreements,
private Improvement district, contracts and covenants. NI legal Insl imams setting forth a plan or manner
of permanent care and maintenance of such open space, recreation areas and communaly-owned
facilities Mad be approved by the City Attorney as to legal form and effect, and by the Planning
Commission as to the siabllity for the proposed use of the open areas. The aforemerttioned legal
Instruments shall be provided to the Planning Commission together with the filing of the final pan, except
that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form.
2. Common erects. If the common open space is deeded to a homeowner association, the developer Mail
file with the plat a declaration of covenants and restrictions in the Guarantee that wit govern the
association with the application for final plan approval. The provisions and nude. but hot necessary be
limited to, the fdbwng:
1. The homeaMna§ association must be legally established before bolding pemats are granted.
2. Membership and fees must be mardatay for each home buyer and su cessi a toyer,
3. The open space restrictions nest be Pananent, rather than for a period of years.
4. The association must be responsible for the maintenance of recreational and other common fadities
covered by the agreement and for at liability Insurance, local axes and otter public assessments,
5. Homeowners must pay their pro rata Mai pf the ntial post: the maintenance assessment evil/ by the
association must be sttp/ated as a potend6T st on the property. • e
6. The association mint be able to adjust the assessment to meet changing needs.