HomeMy WebLinkAboutOrdinance 4717 ORDINANCE NO. 4717
AN ORDINANCE AMENDING SECTIONS 166.06 PLANNED 'ZONPNG
DISTRICTS (PZD), AND SECTIONS 161 .25 (C), (D), AND (E) PLANNED
ZONING DISTRICT, TITLE XV OF THE UNIFIED DEVELOPMENT
CODE, FAYETTEVILLE CODE OF ORDINANCES, TO ALLOW
MASTER DEVELOPMENT PLANS TO BE SUBMITTED AS AN
OPTION WITHOUT SUBMITTING A SUBDIVISION OR LARGE SCALE
DEVELOPMENT AND CLARIFYING OTHER REQUIREMENTS,
CONDITIONAL USES, AND DEVELOPMENT STANDARDS FOR
PLANNED ZONING DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That Section 166.06 Planned Zoning Districts (PZD), Title XV of the
Unified Development Code, Fayetteville Code of Ordinances, is hereby deleted in its entirety
and replaced in its stead by Exhibit A, attached hereto and made a part hereof..
Section 2: That Sections 161 .25(C), (D), and (E) Planned Zoning Districts (PZD),
Title XV of the Unified Development Code, Fayetteville Code of Ordinances, is hereby
amended to add the following section under R-PZD, C-PZD, and I-PZD:
Conditional Uses. All conditional uses allowed within
(Residential, Commercial, Industrial) zoning Districts established
in the Unified Development Code shall be allowed with Planning .
Commission approval, unless otherwise specified, subject to the
code governing Conditional Use requests.
PASSED and APPROVED this 5th day of July, 2005.
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APPROVE
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; FAYETTEVILLE ,&
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'9sy:QKANSAN COODY Mayor
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By:
SOXIYRA SMITH, City Clerk
EXHIBIT A
§166.06 Planned Zoning District (PZD)
(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 PZD master development plan
shall be binding on all subsequent owners of the land until revised or modified .
(3) Size. There shall be no minimum or maximum 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 PZD master development plan in accordance with the
submission requirements on the project 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 UDC. If a subdivision or large scale
development is proposed , a fee for that application 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 PZD 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 PZD master
development plan .
(2) Required City Council Approval . PZD Master Development Plans that are
processed without a preliminary plat or large scale development shall only
require City Council approval.
(3) Required Planning Commission and City Council Approval . PZD Master
Development Plans that are processed with a preliminary plat or large scale
development shall follow the procedures for large scale development and
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preliminary plat approval through the Planning Commission when processed
concurrently as set forth in Chapter 166 of the UDC.
(4) City Council . If the PZD master 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 and approved by the Planning Commission prior to City
Council review. The City Council may direct the Planning Commission to
reconsider specific aspects of the plan . If the master development plan is
approved , an ordinance shall be prepared which incorporates the plan , statement
of commitments, development and architectural standards, and conditions.
(5) Development and Subdivision Approval . Preliminary Plat and/or Large Scale
development approval is required for all PZD Master Development Plans.
(6) Appeals. Appeals from the action of the Planning Commission shall be in
accordance with Chapter 155 Appeals of the UDC .
(7) 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) General Requirements.
(1 ) Application of a Planned Zoning District is permitted only in accordance with a
master development plan prepared and approved in accordance with the
provisions herein . Large Scale Development and/or Preliminary Plat approval
may be concurrently processed through the PZD process.
(2) Planned Zoning Districts may be controlled by one or more owners and shall be
developed under unified control or by a unified master development plan . The
owners, successors, heirs, or assigns shall be bound by the approved master
development plan , including any modifications or amendments thereto as
approved by the Zoning and Development Administrator or City Council .
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(3) Master development plans may include . more restrictive regulations than that
which is included in other sections of the UDC, but standards shall not be
established that fall below these minimum standards.
(E) Approval or Rejection Criteria for Planned Zoning Districts
The following criteria shall be considered by the Planning Commission and City Council
in the review of a planned zoning district application based on the proposed master
development plan :
( 1 ) Whether the application is in compliance with the requirements of the UDC and
the General Plan 2020;
(2) Whether the application is in compliance with all applicable statutory provisions;
(3) Whether the general impact of the rezoning would adversely impact the provision
of public facilities and services;
(4) Whether the proposed rezoning is compatible with the surrounding land uses;
(5) Whether the subject land is suitable for the intended use and is compatible with
the natural environment;
(6) Whether the intended land use would create traffic congestion or burden the
existing road network;
(7) Whether the planned development provides for unified development control
under a unified plan.
(8) Whether any other recognized zoning consideration would be violated in this
PZD.
(F) Master Development Plan Summary and Required Information
Master Development Plan (MDP) is a useful tool for both developers and planners to
reach consensus and agreement about the way an area is developed , where a
variety of uses and impacts may be proposed on one property. They differ from
engineered site plans in that they address the bigger picture, rather than the minutia
of a detailed engineered site plan . A MDP should depict the larger planning issues
such as basic densities, open space, access, internal circulation , availability and
location of existing water and sewer, existing topography, drainage, and the general
location of uses , while giving the developer some leeway to address grading , utility
construction, street construction , building placement, driveways, and number and
location of parking spaces further along at the development review or building permit
stage.
The following information shall be submitted by the applicant in written narrative form:
( 1 ) The name and address of:
(a) landowner/applicant
(b) representative, if applicable
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(2) General project concept:
(A) Street and Lot Layout
(B) Site Plan Showing Proposed Improvements
(B) Buffer Areas
(C) Tree Preservation Areas
(D) Strom Water Detention Areas and Drainage
(E) Undisturbed Natural Areas
(F) Existing and Proposed Utility Connections and Extensions
(G) Development and Architectural Design Standards
(H) Building Elevations
(3) Proposed development phasing and time frame
(4) Proposed Planning Areas, described and depicted (Planning Areas (PA) are
those areas within an MDP designated with specific zoning and development
standards, as required herein . Any number of PA's may be allowed within an
MDP, subject to approval by the City Council.)
(5) Relationship to the existing and adjacent land uses
(6) Impacts on City services
(7) A traffic study when required by the Planning/Engineering Divisions.
(8) An analysis of the site characteristics related to the proposal , including any
environmentally hazardous, sensitive or natural resource areas. Describe any
natural or manmade hazards.
(9) Compliance with the Fayetteville General Plan 2020
(10) A description of the recreational facilities, including existing and proposed
park sites, open space and accessibility to parks and open space areas.
( 11 )Proposed Zoning and Development Standards
( 12) A chart comparing the proposed master development plan to the current zoning
district requirements.
( 13) Any other required information as applicable when other applications are
processed in conjunction with the PZD master development plan application (i.e .
preliminary plat, large scale development).
(G) Master Development Plan Level of Detail
(1 ) Sheet 1
(a) The name of the proposed master development plan shall be centered at
the top of the sheet along the long dimension of the sheet.
(b) The following wording shall be placed verbatim on the sheet:
GENERAL PROVISIONS
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Authority
This PZD master development plan is authorized by Sections 161
and 166 - Planned Zoning Districts of the City of Fayetteville Unified
Development Code. The provisions of this PZD master
development plan shall run with the land . The landowners, their
successors, heirs, or assigns shall be bound by this master
development plan , as amended and approved by the City Council .
Adoption
The adoption of this PZD master development plan shall evidence
the findings and decision of the Fayetteville City Council that this
Planned Zoning District for (name of development) is in general
conformity with the Fayetteville General Plan 2020; is authorized by
the provisions of Sections 161 and 166 of the City of Fayetteville
Unified Development Code.
The provisions of this PZD master development plan shall prevail
and govern the development of (name of development) , provided ,
however, that where the provisions of this Master development plan
do not address a particular subject, the relevant provisions of the
City of Fayetteville Unified Development Code, as amended , or any
other applicable resolutions or regulations of the City of
Fayetteville, shall be applicable.
Enforcement
To further the mutual interest of the residents, occupants, and
owners of the PZD Master development plan and of the public in
the preservation of the integrity of the Plan , the provisions of this
Plan relating to the use of land , statement of commitments,
development and architectural standards, and the location of
common open space shall run in favor of the City of Fayetteville
and shall be enforceable at law or in equity by the City without
limitation on any power or regulation otherwise granted by law.
Conflict
Where there is more than one provision within the PZD Master
Development Plan that covers the same subject matter, the
provision which is most restrictive or imposes higher standards or
requirements shall govern unless determined otherwise by the
Zoning and Development Administrator.
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Maximum Level of Development
The total number of dwellings or the total commercial , business, or
industrial intensity approved for development within the Planning
Areas is the maximum development requested for platting or
construction . The actual number of dwellings or level of
development for commercial , business, or industrial properties may
be less due to subdivision or site improvement plan requirements or
other requirements of the City Council.
Project Tracking
At the time of subdivision final plat or large scale development the
applicant shall provide a summary of the development, to date, to
the Planning Division , in order to assure maximum development
limits are not exceeded .
(2) Sheet 2 Zoning and Development Standards by Planning Area
The name of the proposed PZD master development plan shall be centered at
the top of the sheet along the long dimension of the sheet. The proposed zoning
and development standards shall be formatted to follow the established UDC
zoning format. Beginning in the upper left hand column of the sheet, state the
following for each Planning Area category, e.g . , single family:
Permitted uses by Use Unit
Conditional uses by Use Unit
Land Use Density and/or Intensity
Bulk and area regulations
Lot width minimum
Lot area minimum
Land area per dwelling
Setback requirements
Height
Building area
Landscaping
Parking
Site Planning
Architectural Design Standards
Other standards or requirements provided in the UDC shall
apply to this PZD Master Development Plan
Complete legal description . The staff planner may allow this to
be provided on a separate sheet, if lengthy.
(3) Sheet 3 Master Development Plan.
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The name of the proposed PZD master development plan shall be centered at
the top of the sheet along the long dimension of the sheet. This sheet shall
graphically depict the site and include the following:
1 . A block in the lower right hand corner, or along the right hand margin , which
includes the following :
North Arrow
Graphic and written scale at 1 " = 100' or 1 " = 200' or as otherwise approved
by the Zoning and Development Administrator or staff planner Date of
Preparation
2 . Vicinity map that depict the relationship to the surrounding area within a 1
mile radius.
The vicinity map shall be superimposed on a current City of Fayetteville Plat
Page, on a current City of Fayetteville Zoning Map, and on a current City of
Fayetteville Master Street Plan maintaining the same scale.
3. Dimensions, bearings, and control points along all exterior property lines.
4. Topography shall be shown at maximum 10' contour intervals, including high
and low spot elevations and shadow areas of 15% or greater slope. The staff
planner may request that other significant topographic conditions be depicted
at greater or lesser intervals where appropriate.
5. Access
( 1 ) Arterials and collectors shall be depicted in all planning areas.
(2) Trails as coordinated with the Parks Division
6. Existing easements/right-of-way
7 . 100 year floodplains, floodway, and stream/creek centerline
8. Proposed Land/ROW/Easement Dedication
9. Public or private, regional and community parks, open space and trails shall
be depicted and referenced by number, letter or symbol. Local park
dedication shall be determined at the time of platting/development.
10. Planning Areas — Areas Identified for a Specified Permitted and/or Conditional
Uses
All planning areas and open space areas shall be shown overlaid
on topography at a scale that clearly delineates the planning area
boundaries so that they can be located on the site.
For each planning area shown on the development plan or within a separate
table , indicate the following , as applicable:
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A. Acreage
B. Number of dwelling units
C. Land use designation
D. Residential density
E. Nonresidential square footage
NOTE: The number of dwellings indicated in the Planning Areas is the maximum
number of dwellings requested , the total of which cannot exceed the total number
approved for the proposed PZD. The density range for each Planning Area , when
calculated to the maximum proposed , shall not exceed the total number of
dwellings for the entire PZD . The actual number of dwellings approved by the
Council may be less than shown on the plan due to subdivision or site
improvement plan requirements or other requirements of the Council and
Planning Commission .
11 . Land Use Table
A separate land use table, which indicates the total land use for the planned
development, shall be prepared as follows utilizing the following categories and
symbols: Partial Example:
SYMBOL LAND USE DENSITY UNITS ACRES %
SF Single Family 3 120 40.0 26%
MF Multifamily 9 765 35. 0 230/6 -
DP
3%DP Dedicated Parks 42.5 28%
SUBTOTAL 8.38 885 117.5 77%
C Commercial 566,280 sq. ft. 25.0 17%
1 Industrial 217,800 sq. ft. 9.0 6%
O Office
M . 0 Mixed Use 34%
SUBTOTAL 784,080 sq. ft.
(H) Statement of Commitments.
The statement of commitments shall be provided in the following format:
"STATEMENT OF COMMITMENTS"
The statement of commitments shall , in all cases, describe the development
commitments including a method for assigning responsibility to heirs ,
successors, or assigns, and timing of the fulfillment of these commitments for the
following :
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1 . Dedication: Proposed public dedication for parks, streets , drainage, sewer,
water, etc. , either in specific acreage dedication (referenced by symbol) or
specific cash in lieu of land or facilities. Describe the proposed ownership , utility
provision , improvement schedule, and maintenance provision . In all cases,
dedicated land shall be conveyed to the City of Fayetteville.
2 . On or off site improvements: Provision shall be made for the construction of,
or payment of fees for, community or off site improvements through current UDC
requirements for guarantee of improvements at the time of development.
3. Natural Resources and Environmental Sensitive Areas Such as Trees,
Wetlands, Floodplain
4. Project phasing restrictions
5. Fire protection
6. Other commitments imposed by the City
7. Parks/Trails/Open Space Commitments
8. Proposed Preliminary Building Elevations (Residential and Commercial)
(1) Amendments to the PZD Master Development Plan.
The Zoning and Development Administrator shall determine whether an
amendment request shall be considered a minor modification or a PZD City
Council rezoning based on the criteria established herein. The applicant may
appeal the Zoning and Development Administrator's decision to deny an
administrative modification within 10 working days of said decision to the City
Council , in writing .
( 1 ) Minor Modification - Criteria
An amendment request may be considered as an administrative minor
modification if it meets the following criteria:
Building Setbacks —An increase or decrease of the required building setback
when such modification is no more than a 20% change to the originally approved
setback.
Minimum Lot Size —An increase or decrease of the minimum lot size when such
modification is no more than a 20% change to the originally approved minimum
lot size.
Building Height -An increase or decrease of the building height when such
modification is no more than a 20% change to the originally approved maximum
building height.
Increased Number of Dwelling Units -An increase of the number of dwelling units
in a planning area of 20% or less. Such increase shall be accompanied by a
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corresponding decrease in dwelling units in another planning area located within
the same approved PZD Master Development Plan .
Decreased Number of Dwelling Units -A decrease of the number of dwelling units
in a planning area up to 20% . Such decrease shall result in a net loss of dwelling
units unless these units are concurrently approved as an increase of units in
another planning area.
Commercial/Non-residential Development Intensity An increase or decrease of
the square footage of development intensity when such modification is no more
than a 20% change to the originally approved development intensity.
Text Changes -Insubstantial changes to the text, as determined by the Zoning
and Development Administrator, to add clarity, when such changes do not
change the commitments.
Street Alignment -The Zoning and Development Administrator upon review by
the City Engineer shall determine whether an insignificant shift in the alignment
of a street shall be considered as a minor modification .
(2) City Council Approval. Rezoning through the PZD process is required to
modify any aspect of the PZD which is not allowed under the Minor Modification
process. A planning area within a Master Development Plan may be amended
separately from the remainder of the approved master development plan with
City Council approval.
(J) Phasing . Phasing of a PZD master development plan may vary from the
requirements of Chapter 166 of the UDC with regard to the expiration of permits
and plans only when phasing has been identified , described , and approved as
part of the PZD master development plan process.
(B) Development standards, conditions and review guidelines
( 1 ) 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
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with the same general review guidelines as those utilized for zoning and
subdivision applications.
(2) 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 .
(3) 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.
(4) Parking standards. The off-street parking and loading standards found in
Chapter 172 Parking and Loading shall be used as general guidelines to
establish parking and loading standards for the PZD master development plan .
(5) 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.
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