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Home My WebLink AboutOrdinance 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. ``�6F: Y � S 0&10,;?. & APPROVE ��j • . -1 � ; FAYETTEVILLE ,& 's :z'. '�� By: '9sy:QKANSAN COODY Mayor ''•;hGTO o Go``4�% ATTEST: "`Junouu0"� 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 ------------- 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 . -2- (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 -3- (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 -4- 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. -5- 0 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. -6- 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: -7- 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 : -8- 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 -9- 0 0 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 _10- 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. -11 - (6) Sidewalks. As required by §166.03. (7) Street Lights. As required by §166.03. (8) Water. As required by §166.03. (9) Sewer. As required by §166.03. (10) Streets and Drainage. Streets within a PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City unless otherwise approved by the City Council as part PZD master development plan. (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. (ii) 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. (iii)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. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) 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. (vii) 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 -12- CI 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. (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width (No On -Street Parkino) Dwelling Units One -Way Two -Way 1 -20 14' 22' 21+ 1 14' 24' 'Note: If on -street parking is desired, a minimum 6 feet must be added to each side where parking is intended. (ix)All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi)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. (11) 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 guarantee to the City completion of the nonresidential facilities in the amount no less than 150% of the estimated cost of said facilities. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and -13- 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. . (13) 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. (14) 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 master development plan 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 may 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 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 -14- 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, detention ponds, drainage structures, 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 may be approved by the City Attorney. The Planning Commission shall consider and approve 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: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. -15- (d) 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. (e) 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. The association must be able to adjust the assessment to meet changing needs. -16- • City Council Meet1l,g of October 05, 2004 DRv 7/5/0,S Y71 7 1 Agenda Item Number d W CITY COUNCIL AGENDA MEMO gl�l+l CITY COUNCIL AGENDA MEMO ! Wt d5l To: Mayor and City Council P2D Through: Gary Dumas, Director of Operations From: Tim Conklin, Planning and Development Management Director Date: May 17, 2005 Subject: Ordinance amendment to add an additional Planned Zoning District (PZD) option to allow applications to be approved as a Master Development Plan without submittal and approval of a large scale development or preliminary plat. RECOMMENDATION The Planning Commission voted 8-0-0 on January 10, 2005 to recommend approval of the revised ordinance to the City Council. BACKGROUND Staff has brought forward amendments to the Planned Zoning District ordinance to address several issues that have been discovered since the passage of the ordinance in 2002. The following amendments are addressed in the proposed ordinance: • Significant reduction in the amount of design and engineering required for submittal (No Large Scale Development and Preliminary Plat required for land use changes) • Standardization of required information for all PZD's Master Development Plans. • Increased level of detail in written form as a "Statement of Commitments" to clarify what is presented to the City for approval • Authorization to phase projects beyond the current expiration of approvals • Authorization to administratively approve minor modifications At the ordinance review committee on April 27, 2005, the committee discussed the idea of having PZD's that do not include preliminary plat and large scale development go directly to the City Council. The committee asked staff to present this idea to the Planning Commission and get their comments. Staff has attached their comments regarding this issue. The overall goal of this amendment is to meet the informational needs of the citizens, elected and appointed officials, the development community and staff to make informed policy decisions regarding land uses changes within the community without development approval (Preliminary Plat and Large Scale Development). Leff eln tilt. J e dydalty G/1,/OS Le �c P/i 7elu '°17/OS ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 166.06 PLANNED ZONING 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 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 7`h day of June 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk DRAFT May 25, 2005 • • 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 submissiop requirements on the project application form. (3) Fee. App({cant 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 wilh 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 preparati6n of plans, surveys and other data required in a PZD master development plan. q (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) Required4�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 preliminary plat approval through the Planning Commission when processed concurrently as set forth in Chapter 166 of the UDC. -1- f,. DRAFT May 25, 2005 • (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, Cite Plan, 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 -2- DRAFT May 25, 2005 • 0 Development Administrator or City Council. (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: IcIM DRAFT May 25, 2005 0 (1) The name and address of. (a) landowner/applicant (b) representative, if applicable (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. -4- DRAFT May 25, 2005 0 (b) The following wording shall be placed verbatim on the sheet. GENERAL PROVISIONS 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. -5- • 0 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,-sftephm-, 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. -6- M 40 (3) Sheet 3 Master Development Plan. 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 -7- 0 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: 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 23% 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.U. Mixed Use SUBTOTAL 784,080 sq. ft. 34% (H)Statement of Commitments. The statement of commitments shall be provided in the following format: -8- • "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: 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 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. -9- r 0 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 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 fegruire R e a Fn e F; Mm e n t-. (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 -10- (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 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. -11- • (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. (6) Sidewalks. As required by §166.03. (7) Street Lights. As required by §166.03. (8) Water. As required by §166.03. (9) Sewer. As required by §166.03. (10) Streets and Drainage. Streets within a PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City unless otherwise approved by the City Council as part PZD master development plan. (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. (ii) 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. (iii)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. -12- (iv)Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi)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. (vii) 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. (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width (No On -Street Parkino) Dwelling Units One -Way Two -Way 1 -20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, a minimum 6 feet must be added to each side where parking is intended. (ix)All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. -13- (xi)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. (11) 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 guarantee to the City completion of the nonresidential facilities in the amount no less than 150% of the estimated cost of said facilities. (12) 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. (13) 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. (14) 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 master development plan 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. -14- Planning staff may 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 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, detention ponds, drainage structures, 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= be approved by the City Attorney. The Planning Commission shall consider and approve 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. -15- 0 (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: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) 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. (e) 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. (f) The association must be able to adjust the assessment to meet changing needs. -16- Planning Commission • January 10, 2005 Page 15 ADM 04-1326: Administrative Item (PZD Ordinance Amendment) Ostner: The next item on our agenda is ADM 04-1326. An administrative amendment to the PZD Ordinance. If we could have the staff report please. Pate: This item, before you tonight staff is recommending that a formal recommendation be brought up by the Planning Commission and sent on and processed. This is an amendment to our Planned Zoning District Ordinance. As you may know, there are two sections in our Unified Development Code that talk about the Planned Zoning District Ordinance. The first section is Chapter 161, Zoning. The second is Chapter 166. All of these amendments, as shown and as indicated in your packet, refer to Chapter 166. The entire Ordinance has been submitted here with strikeouts in bold areas where revisions have been submitted for your review. This is a significant amendment of this Ordinance. Mr. Williams, correct me if I am wrong, this passed back in early 2003, so it=s been about two years on the books now. There has been a learning process of this Ordinance, which was very new to the City of Fayetteville, and a lot of questions both by City Council and by the Planning Commission, by the general public, developers and property owners questioning this new process, as we fully anticipated. Any new process is going to come under some certain amount of scrutiny and will need revising and tweaking to get to a better point. One of the larger issues that we have dealt with is how to process some of the larger projects that you have seen. A couple of the projects specifically have been larger than, for instance, a developer could design everything for all the parking lots, the commercial buildings the homes, the lots, could not be platted and shown to you on such a large scale at 100, 200, 300 acres. That is a weakness that we feel is in the existing ordinance that does need to be addressed. A couple of other items that did need to be addressed are amendments to the Planned Zoning District that we currently have really no way to amend a Planned Zoning District Ordinance that is easy to process. Additionally, phasing, sometimes these larger projects especially require phasing, we currently on the books for all development plans have a one year time frame in which you have to get your building permits, your construction permits. When you=re developing 200 acres, there=s sometimes not the ability for a developer or property owner to be able meet that time frame. So we=re going to address some of those issues with these larger projects with these Ordinance Amendments. Of course, we will not go over all of the Amendments for you but just to hit some of the highlights, what this Ordinance does create is what=s called a Master Development Plan. Any Planned Zoning District would be required to go through what=s called the Master Development Plan, which is outlined in pages 2, 3, 4, 5, 6 and 7 in your packets. What that does is standardized those things. It gives you sheet one, this is the information that needs to be included. Sheet 2, this is the information that needs to be included and likewise on sheet 3. A couple of the options that are available, you can process just the Master Development Plan with these Planning Commission January 10, 2005 Page 16 three sheets. What that would get you is some sort of conceptual type of plan, you would create your Zoning District, you would create your firming by creating the Zoning District. If you look in your Chapter 161, in the Zoning Ordinances, they would create that table of information, the land uses permitted, uses even permit like conditional use, the bulk and area requirements, set backs, density, the land intensity if it=s a commercial project, the maximum square footage for each one of the areas they=re looking at developing. It would not be a formal subdivision or a large scale. On the other hand, if you would like to process like the process we do now with the Preliminary Plat or a Large Scale Development which is the current means by which an applicant processes a Planned Zoning District, you still have that option. You can still submit your full building elevations and, if the City Council approves it, you submit for your building permit the next day if you have that ability. This does not take that out of the hands of the smaller property owners that would like to develop as well. What it does it does is it does add three sheets essentially and some information that would need to be required with the Master Development Plan. In an effort to standardize and help make this information a lot more clear. Like I mentioned, what it does, it does add some new things, it does tweak some old things. You will notice some changing like the phasing items, some of the amendment items is brand new so we had to kind of come up with that by looking at Ordinances across the country that do allow amendments, it would allow for an Administrative Amendment within a certain percentage so that you would not have to come back for another rezoning request or go before the City Council and Planning Commission every single time they wanted to change something. There are, of course, allowances in there and a percentage set so, if the Zoning & Development Administrator feels that the intent of the original ordinance is not being met, then it would come back to the Planning Commission and City Council. As I mentioned, some of the existing, I think probably one of the more important things for staff and hopefully for the Commission and Boards looking at that, is with the projects, it would standardize a lot of things. Some of the problems that we face in recommending applicants and property owners to process these projects is how much time it would take, how much money it would take, that is an often question with the Planned Zoning District Workshop, the Planning Commission and City Council held last fall I believe, those were a lot of the questions, not wanting to spend all the money up front in the design phases just to present a project to you to see if you felt, and the City Council felt, the land use was appropriate. This Master Development Plan would allow for that sort of conceptual idea. It would also establish standards. It would establish development commitments. It would establish things that the developer could commit to within reason obviously, as part of this development and it would vest certain development rights or at least zoning rights for these properties. I guess with that, I will leave it up to any questions that you might have. Again, staff is recommending that the Planning Commission make a recommendation on this tonight for approval. Planning Commission January !0, 2005 Page /7 This will need to go before the Ordinance Review Committee as well as our Legal Department to make sure everything is in order before it gets to the City Council. We=re excited about this new ordinance and I think it=s got a lot of positive things that need to be changed to the existing ordinance. Ostner: Thank you, Mr. Pate. At this point I will bring it to the Commission for discussion. Shackelford: Jeremy, if you would just to make sure this is clear in my mind. I am just a dumb old banker so I have got to think real slow on these sometimes. As 1 read through this PZD Master Development Plan is basically the new concept, in a lot of areas we=re striking the language of large scale development, preliminary plat, that sort of thing. That basically has to do with the phasing. Assume that we have a thousand acre project that comes through with the PZD Master Development Plan. In my understanding, is that through that plan, they will be able to say this 400 acres is residential, this 200 acres is office, this piece is multi -family without having to particularly prepare preliminary plats for the residential, come forward with large scale development, that sort of thing. Is that correct? Pate: That is correct and staff has proposed in some of this language the term "planning area' which at the agenda session was questioned, maybe we need to utilize another term because we have the overall planning area outside the city limits. Currently, what we have here is essentially, for instance, that 1000 acre parcel, you could establish the usage, the density or the intensity of commercial office space, the building height restrictions both maximum and minimum, the green space requirements, the parking standards for instance, you could establish your ratio at that time for each one of those areas and essentially it would be like more of a diagrammatic drawing. You would still be using some of the Concept Plats that you have previewed. It would not be a subdivision of land unless the applicant is choosing to go forward with that full process and they want to subdivide that full 1000 acres. But this would allow for those areas to be identified within certain means and establish a Zoning District specific to each one of those. Shackelford: As those areas are further developed, the traditional Large Scale Development and Preliminary Plat, those processes will remain in tact as they are today. Is that correct? Pate: That is correct. Shackelford: Assume that the developer wants to make changes. What is the process after the concept, or the Master PZD Development Plans, in place, what process would they have to go through to modify that original proof? Planning Commission January 10, 2005 Page 18 Pate: The amendment section in our Ordinances basically has two options. You can, if it=s deemed an administrative modification sort of like our minor modifications for large scales now, it could be administrative to a certain degree. There are certain restrictions, you can find that in Section 1, Amendment to the PZD Master Development Plan. The Zoning & Development Administrator would have the ability to a certain degree to modify certain densities for instance in a planning area set backs, building envelope, green space requirements within a certain percentage. Keep in mind however, say you have two planning areas and you have a maximum number of dwelling units, if you want to increase one, you have to decrease the other. The maximum, the ceiling is set with the rezoning process. But this allows a little bit of flexibility within the planning area. So if the developer dependent upon their marketing plan of the development at that time occurring, that they would have that flexibility. The other process would be a straight rezoning if it changes more than this or if the Zoning & Development Administrator feels that whatever modification is being presented does not meet the spirit and intent of the original ordinance as it was passed by the City Council, they can deny that. There is an appeal section in this that they could appeal within 10 days to the City Council. Shackelford: So where it states that you have a minor modification is density of 20% or less, that you say would have to still fall under the cap that the entire project was originally approved under? Pate: That is correct. Ostner: For administrative changes. Shackelford: Right, for administrative. Anything beyond that would have to come back before this Board and that process. Pate: That is right. Shackelford: Okay. I will defer to the board this time. I have one more question that I can=t think of. Anthes: I just wanted to say to Staff that this is a much improved ordinance. 1 appreciate that you all had the meeting with us and the developers to start talking about how to outline this process and agree with Jeremy that the Master Development Plan is a good way to start talking about larger tracts and some smaller ones. I still have a question though. The PZD Ordinance is really the only method for us to get a true mixed use development in the live areas of Fayetteville and I am concerned still when we do this Master Development Plan that we=re encouraging this 40 acres of single family, 40 acres of multi -family, something of this, something of that, that again does not allow for the kind of complexity that we=re looking for in creating Planning Commission January 10, 2005 Page 19 • community in larger tracts of lands. How are we going to handle that? What about this ordinance is going to help support people that are trying to do that kind of use in their projects? Pate: I suppose the way it would support that is that this Planned Zoning District does allow, any Planned Zoning District as we see currently, does allow for this mixture of uses by any means which the developer or property owner wishes to do that within obviously, certain bounds. The way we have it written, we support those mixtures of uses with mixtures of density, building types, commercial types, office types, residential types within the same planning area for instance. However, it really is left up to the creativity and the willingness of the developer to do that. This is the method of the vehicle by which that property owner may pursue those types of developments. It=s really up to them though to have the willingness and education, most of which are outside of this community at this time. We are seeing some mixed use developments but it=s bringing that information in and looking at those types of mixed use developments within the city that we are trying to support with this ordinance. Anthes: If we=re talking, let=s use the 1000 acres and kind of breaking it into manageable parcels to come through with basically the preliminary or the large scale process. Is there=s something in the messiness of mixed use that is going to make those internal divisions unclear and difficult for a potential developer to document for us or do you think that it can be accomplished easily? The reason why is if sometimes something is a lot harder to do, it doesn't=t get done. It gets done in the more simpler way and I just want to make it the most easy to have people think creatively and think in this way we can talk to them. Pate: I suppose that the flexibility in this allows for that creativity to bring itself forward. For instance, we=re not requiring the developer to establish 10 planning areas per 1000 acres for instance. They can have one big planning area and the amount on the uses, all uses permitted by right, within that one Zoning District. If that=s something that the Planning Commission and City Council would like to see. It is staff's opinion that creating this vehicle allows for those mixtures of uses. So you can have planning area number one that is 10 acres right in the middle of the property. I am just using theoretical bounds here, that has a mixture of single family, Use Unit 8, multi -family is Use Unit 26, Use Unit 12 office/commercial spaces, Use Unit 25 which is more intense commercial types of uses. Those could all be located within the exact same planning area. It would establish the maximum square footage for instance within that planning area. So that=s kind of why we would like to utilize the existing Zoning District. It is relatively easy to see and recognize the density permitted and the use units permitted so it would read like the chart does and the charts do in Chapter Planning Commission January 10, 2005 Page 20 161 where you see RSF-4, the use is permitted, the Conditional Uses, the bulk and area requirements. This would read much in the same manner. The uses permitted could include any type of uses they would like. I think you —re correct that most of the uses that we typically review with Planed Zoning Districts are either single use Planned Zoning Districts or multiple use Planned Zoning Districts divided into separate area. I think that=s more of a challenge for the developers than really it is for us to mandate how the developer or property owners develop. Again, that speaks to bringing in that creativity project into our system. We will gladly process it. Anthes: I guess I just wanted to hear from Staff that they felt comfortable that this was not making it anymore difficult to create those kinds of districts. It might make the lines on the page a little fuzzy here or a little more circuitous than squared off blocks of certain kinds of zoning but it sounds easy enough to do. Pate: I think too, you have to keep in mind that we would process 1000 acres if you need to use that as an example, as one Planned Zoning District, we would have the legal description that our GIS could map and say this is the Planned Zoning District. Within those planning areas, we would also likely have area tabulations in the using of the supply for those specific areas and I guess in contrast, I feel that Creating a Master Development Plan, by standardizing some of the information will make it more clear. I think that the fuzzy lines will go away a little bit because you can reference things that we already have in our Ordinance. For instance, I will refer back to the Chapter 161. You=re creating your own zoning district and that=s definitely a challenge for staff to get across to potential applicants and developers, is that they are customizing their own zoning district and this will allow them to follow this table, follow this chart. Here=s where this information goes. Here=s the commitments I need to fulfill and the development standards, architectural standards, everything of that nature that the applicant needs to present to the Council. Vaught: Following up on that, for an example this is the way I have to think of what we have seen, the project, the mixed use project that is just out the Southern View, that had office and residential. For instance, that project, if it came through on that, would have one planning area with its use units for the office and for the residential then they would just specify how many square feet of office. How many units of residential, correct? Pate: That=s correct. In a couple of different ways. Sorry to interrupt. Vaught: That=s what I am asking. Pate: They could process a Master Development Plan without showing full blown elevations and everything and actually establish their architectural standards, Planning Commission • • January 10, 2005 Page 21 establish an idea of what you=d like to see or they could process exactly what they did which is a large scale development along with this new criteria that we have established with the Master Development Plan. So yes, you are correct. It would likely be one planning area with the number of uses, the maximum dwelling units and the maximum square footage, building heights, etc. Vaught: Thank you. Ostner: So, am I understanding this, that if this passes the MDP that is being laid out here. There are no drawings required, no, well when I say no drawings, no elevations required, that the statement of commitments could have some sketches that flesh out their ideas, their plat could, as Ms. Anthes said, have fuzzy lines. The lines are approximate and they=re going to go a little bit one way or a little bit another. Is that, am I understanding that clearly? Pate: Well, I think if you read the Ordinance, it would require some drawings to be submitted. We require property boundaries for instance, legal descriptions, things of that nature. Anyway, you=d have to set out those planning areas and depending upon the way the architect or the applicant=s architect or engineer, designer, landscape architect might present that it could very well include conceptual elevations. What we have seen on concept plats in the recent past, an idea of what to expect from this project. Those would be kept on file and be filed just as part like we see with any Planned Zoning District we see today. They could include just statements such as, for instance, an architectural development standard, all structure shall have fronts facing the street with no parking located in the street. That is one example of a standard that they could establish there and you would expect to see that written information so that you can clearly see what the applicant is committing to at that point. Ostner: I am trying to envision the first large acreage PZD, we had to wrestle with at springwoods and, in my mind, if springwoods had had this tool they, please correct me if I am wrong, they would not have had to lay out their subdivision. I guess, Subdivision was the first big meeting we had on springwoods. That subdividing of land was also their land use and that=s really where we got bogged down, is that we=re talking about land use, we wished we were talking about development. They were not ready to talk about development. So springwoods would go totally differently if this were in place. Pate: Potentially, I mean again, it could. Vaught: It could. Okay, that=s what I was hoping to hear. Planning Commission January 10, 2005 Page 22 Pate: I think that a lot of the questions that came up from the Planning Commission and Council on that specific project were a lot of, not necessarily the details but, what would lead to the details. Ms. Clark, for instance, questioned many times, what is this going to look like and I think that with some language in here about development standards and their commitments to specific items that we have listed in this Ordinance, for instance, green space, architectural standards, tree preservation, we don=t expect to review a full blown tree preservation plan for 1000 acres. Please do not submit that. What we expect to see is the intent and what the developer is doing with that. And then as the development comes in as a subdivision or a large scale development, we would then be able to evaluate those based on what we have in our development ordinances. Vaught: I have one question and this is just on our stand point and administering and approving these, I guess, PZD=s, Master Plan Developments, whatever. We=re going to see a number of them come through and I think each time they=re going to have a little bit different material and what I=m worried about is, you know, we have someone come through that gives tons of detail which is above and beyond holding the next person that comes through to that same standard, I just want to make sure that there=s a clear, not a clear minimum, but I think, we as Commissioners, and this might be an issue outside of the Ordinance, it may be direction from City Council, I don=t know but where we have something to rule it by because that is what our charge is. 1=m worried a little bit about that having a different set of standards produced by someone that would be way out to the ballpark but that is way beyond what we need someone to do and I just kind of wondering how we=re going to judge that. Pate: I suppose my response is that this Ordinance is established, like our Development Ordinances do establish, the minimum requirements and the minimum=s have been cut so to say with regard to the Master Development Plan. You can refer to page three, we will have specific findings on number E 1-7, where these are met. Like the rezoning for instance, the specific findings would need to be made. Item F, it tells you where on the page one, where their pieces of information go. Item G, the Master Development Plan level of detail talks about sheet one and there=s some information there that would have to be included. I agree there are some developers that will go above and beyond and we will continue to support that because it will give the Commission and Council even more information to make your decision based on our Ordinance requirements. I would also state though, as I mentioned, that this is establishing the minimums. Number two, the permitted uses, conditional uses, land use density, bulk and area regulations, lot width. These are all the same type of information that any zoning district is required to have if you have a piece of property in RMF 24 zoning district. You know exactly what you can do within that zoning district, if you meet Planning Commission • • January 10, 2005 Page 23 the development guidelines. In addition though, it establishes some items here in the bottom parking ratio, architectural design standards and then any other standards or requirements provided in the UDC. They have to meet, at minimum, they have to meet the Unified Development Code. So they can always exceed that but they do have to meet the minimums. Vaught: I guess my question comes in on some of the additional criteria. For instance, we=re talking about would we see pictures or not, would we see drawings and, from my understanding, is maybe. It=s not required necessarily if they outline it in enough detail in written word and so that=s just where I want to be sure that we=re clear on that and with the city attorney that we are sure we have enough understanding from our point to be able to interpret and hold the fair standard. Pate: I guess in response, this would be processed through the full development review cycle just like any plan. It is a Planned Zoning District so we would go through Technical Plat Review in order to determine if there is, for instance, major transmission lines that they need to stay away from because that is going to be important information for them in the development of their development plans. It would go through Subdivision Committee so, if there=s not enough information submitted, they would need to get some more information, some drawings or some photos. It would get to the Planning Commission and again Council level so it would follow the same development track in, just like Plan Zoning District. Hopefully, we would get to a better result after a few have been processed. There are always going to be questions. I mean, there=s never going to be a standard that you can get every project in. I think this does a much better job than what we have on the books. Myers: I agree. Shackelford: These are great theoretical questions and I need to go back on the technical side. I remember the other question I had. On section letter J, on phasing, phasing with PZD Master Development Plan may vary from the requirements of chapter 166, the UDC with a guard to expiration of permits. Only when phasing has been identified described and approved as part of the PZD Master Plan. How may the expiration of permits vary? Is that defined in here somewhere and I missed it? What is the new variations of expiration dates that is allowed by this change? Pate: It is not varied by specific reference. Basically, this is what we have for phasing currently for a Master Development Plan for this amended PZD Ordinance. Currently the requirement is you have one year to get your building permits or construction permits. You may apply for an extension for an additional year. If Planning Commission grants that, you have two years and then once that two year period is up, if you still have not gathered Planning Commission • • January 10, 2005 Page 24 all your permits for that project, you have to resubmit. All permits that have been gathered are null and void. This allows for a bit of discretion on the part of the Planning Commission and the City Council to allow for a time period. We did not set a specific time period because I think it will vary again with the size of the project but what we did set out is that the applicant is required, if they —re going to phase the project, they have to submit it to the Planning Commission and City Council for approval. In which phases are going to happen by how many years or how much amount of time. The reason that phasing came into effect was because there were a lot of projects that had not been built and were approved decades ago and had never been built and then they were all of a sudden built. City Council passed essentially a sunset clause stating that you had to get all these permits, all these projects built and now we have, by Ordinance, a one year expiration date. Shackelford: So this was purposely written vague to the point that the one year expiration is taken out by this but there=s no final sunset clause to this. Is that correct? Pate: It does not have to be taken out. It says it may vary. I mean, if no phasing is submitted, it would be one year. Shackelford: So go back to my theoretical 1000 acre development, we want to see the big picture so we require a PZD. The final piece of that is town homes that they are going to have to permit within a year or come through this process for an extension. The extension that could be approved by the Planning Commission/City Council could exceed another year. Is that correct? Pate: I think by writing this by what we anticipate occurring is that, with the initial project, the applicant would set out the phasing schedule and planning area one would be complete by a certain or within a certain amount of time and planning area two would be complete within a certain amount of time. The Planning Commission and City Council will use their best judgment, as you do in all of these decisions, to see if that=s a fair amount of time. I know that there are times when the two years for certain projects still don=t seem like enough time but our Ordinances don=t allow for any extension beyond that so we have not yet set that out. If that is something that the Commission would like to see, we can take a look at that. As I just said, ultimately three years or ultimately five years, you have to have all your permits but we did leave it open because some of these larger projects do take longer than that to permit everything. Shackelford: Thank you very much. I appreciate your input. Clark: I believe that this Ordinance is a great advance to our code book. I don=t necessarily think that it=s the greatest in the world but I hopeful that, if we implement it and we find another flaw, we will continue to develop it. I OR Planning Commission January 10, 2005 Page 25 think Staff and I know that Tim has put a lot of time in on this and it shows. 1=m in favor of it. I=m comfortable making a recommendation that we forward it if everybody else is. Ostner: Sounds like a motion. MOTION: Clark: I move that we forward this to the City Council with our recommendation of approval. Ostner: I have a motion. Do I have a second? Myers: Second. Ostner: Second by Commissioner Myers. It was a motion by Commissioner Clark. Is there further discussion? Could you call the roll, Renee? Roll Call: Upon the completion of roll call the motion to forward ADM 04-1326 was approved by a vote of 8-0-0. Thomas: The motion carries. Ostner: Thank you. Are there any further announcements? We stand adjourned. PC Meeting of May 09, 2005 THE CITY OF FAYETTEVILLE. ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning DATE: May 03, 2005 ADM 05-1504: (PZD Revisions) Background: The Planning Commission on January 10, 2005 voted unanimously to forward the proposed amendments to the Planned Zoning District ordinance prepared by staff to the City Council with a recommendation for approval. The next phase of review consisted of a review by the Ordinance Review Committee, which is made up of four members of the City Council. Upon their first review, there were significant concerns with the conceptual nature of the language of the revisions. Staff was directed to revisit some specifics and report back to the Ordinance Review Committee. Last Wednesday, April 27, the Ordinance Review Committee again reviewed the proposal, with revisions. There were some minor revisions to be made, along with a couple of more significant revisions, one of which would directly affect the Planning Commission in its review of Master Development Plan Planned Zoning Districts. Proposal: The Ordinance Review Committee has forwarded the ordinance to the full City Council for review and adoption. Prior to their consideration, however, staff was directed to prepare a memorandum describing the more recent change to the ordinance in order to have the Planning Commission respond. The proposed amendment, which will be added to the ordinance for City Council review, enables an applicant to submit a Master Development Plan PZD in accordance with the criteria established by the new ordinance directly to the Planning Division for review as is currently done. Upon review by the Zoning Review Team (also a process currently in action), staff would make a recommendation directly to the City Council for approval or denial of the Planned Zoning District Master Development Plan, with its Statement of Commitments, Development/Design Standards, conceptual site plan, zoning criteria, etc. If passed by the City Council, an ordinance rezoning the property would be recorded. Subsequent development plans (subdivisions or large scale developments), based on the Planned Zoning District approved, would be reviewed and approved by the Planning Commission, as long as the criteria established in the land use decision by the City Council with the Planned Zoning District approval were met. The primary difference in this process and the one by which we review Planned Zoning Districts now is that it reduces the time of the development review process, potentially offering incentive to developers to bring forward more innovative designs without expending exhorbitant amounts of money in design, engineering and time through the current development review process. Those applicants desiring to vest development rights with a large scale development or subdivision K. Weporu1d0051PC Reporu105-09-05NDM 05-/504 (PZD Revisions).doc • approval simultaneously would still be afforded the right to come through the typical process that we follow now, with full development plans.There would still be a public review and comment process, through the City Council review of the proposal. The Planning Commisson's role would be decreased in this initial phase of review and recommendation, though it would still be involved with the development review of the subsequent projects, which is ultimately the Planning Commission's charge as an appointed body. Discussion: Staff welcomes comments from the Planning Commissioners regarding the change in this review process, which is staff's current direction from the Ordinance Review Committee. Language will be formulated to incorporate this process into the ordinance prior to the full City Council review. Minutes from this meeting will be forwarded to the City Council as part of that review of the revised Planned Zoning District ordinance. K. WeporuL7005 PC ReponsW5-09-05WDM05-1504 (PZD Revisions).doc Following are the written comments received by Planning Commissioners to include in this packet: Alan Ostner. Memo To: Fayetteville City Council and Mayor Coody From: Alan Ostner, Chair, Planning Commission Re: Currently- Proposed PZD Ordinance Date: Thurs. May 12th, 2005 Dear Council Persons, The currently- proposed PZD Ordinance offers something I rarely see in municipal government: a real incentive for developers. This option would let developers write a'custom zone' for their property along with its 'statement of intent' and for you all to consider it directly from Planning Staffs report with no discussion by the Planning Commision. Not having to wait through the 40 - day Planning Commission schedule is a big change for developers and their rezoning requests. The savings in time is considerable, and the costs of needless delays in development can be devastating to a development project. I have a great deal of confidence in the Planning Staff and I know they will research every'custom zone PZD' issue carefully in their presentations to you. I also suspect this change might get some hesitant developers to come on down to our area and try to do some business here whereas they might not want to right now. We need to attract quality developers to Fayetteville. But I believe this fast- track approach to rezonings might have a price for the city as well. Even though I would be glad to get out of the rezoning business as a Planning Commissioner, I do believe our current system offers valuable input to the decisions you all make concerning rezonings. Part of the reason the Planning Commission has such lively conversations on rezonings comes directly from the fact that we are not elected, but are appointed. First, we are much more protected from the political process of having to answer daily to the voters as you all must. Second, since we are not elected, Commissioners are instructed to not discuss specific development items with anyone other than Staff until we are formally convened as a body. These one- on one conversations with either applicants, or concerned neighbors, or even other Planning Commissioners could easily result in a bias toward or against an issue, which we attempt to avoid. It is inappropriate and unethical for a commissioner to talk to anyone about these development items before the formal hearing, and I believe all Planning Commissioners hold this rule in high regard. When we hear items at Planning Commission meetings, we have a fairly 'clean slate' of opinion going into the meeting, having only talked about the item at the Agenda Session 4 days before. We are very similar to a jury, with Jeremy our judge.' And everyone knows you can't tamper with a jury. I believe our discussions enable you all to make better - informed decisions, much like the Subdivision Committee's discussions enable the Planning Commission to make better decisions on development items. I think we serve as a front- line for the development struggles: someone is almost always unhappy with a rezoning request and I think we often begin the valuable path toward a solution. It seems as if a compromise PZD Ordinance might be another option. The developer writes the 'custom zone' with its statement of intents for his or her piece of property. Do not hire ANY K:IReports12005PC Reporis105-09-05WDM05-/504 (PZD Revisions).doc 0 engineering for the project. Work your way through the Planning Department as if you were doing a straight rezone, like from R -A to RSF-4. This eliminates all the risky engineering and the months of engineering effort that was having to be done too early in the unpredictable political process. But this version of the 'custom rezoning request' still gets the full Planning Commission scrutiny and discussions, and staff comments. After the Staffs and Planning Commission's look, present the request to the City Council for your 3 readings. Walk away with vested development rights just like a straight rezone. Head to your engineer and get to work, and start the development process at Planning with a Large Scale Development or Preliminary Plat request, whichever the case may be. Good luck with your decision. I'm sure you will create a well- rounded Ordinance that will benefit our town and its future. Sincerely, Alan Ostner Nancy Allen: Regarding the PZD ordinance, one would think that the Council would benefit from the discussion at PC level, and that the discussion generated would be especially beneficial to them. Candy Clark: Jeremy — I am sorry to have taken so long responding to the proposed change in the PZD ordinance. Though my email is tardy, I have been giving this proposal much thought since our discussion in Agenda over two weeks ago. Initially, I was uncomfortable with bypassing the Planning Commission and allowing developers access directly to the Council via Planned Zoning District Master Development Plans. I can honestly say I have not changed my mind. I wam you, my thought process is not overly complicated and I can't really state statute or ordinance specifics but it is my humble opinion on the subject! The concept of bypassing the Planning Commission with land use decisions is . most troublesome. As you know, land use questions involve many significant issues that take time and effort to plow through. The Planning Commission is very restricted in what we can look at with regard to interpretation of the guidelines and rules governing land use in the City. Our role is to make certain all things are done to code or ordinance with the council having final say after considering other issues involved with the policy and or politics of development. Taking those decisions directly to the Council could, it seems to me, actually bog down the process and take even more time than routing things through the Planning Commission. If nothing else, council members will be asked to look at an incredible volume of information that has normally already been addressed through the Planning Commission and Planning Staff. On a more practical level, initially bypassing the Planning Commission could K. IReport020051PC Reports105-09-05WOM05-1504 (PZD Revisions).doc lead to much more confusion and uncertainty. The Council is not restricted to staying within all the guidelines Planning Commission uses to make land use determinations. They can look at a host of other issues related to development that Planning Commission can not. Having the PZD go to the Council then BACK to PC could get things really muddled. I can see much more confusion interjected into this process than currently exists. I know the whole revision of the PZD ordinance is intended to help developers come forward with innovative development ideas without spending lots of money with engineering, elevations, etc. I just can't see this revision accomplishing that goal. Council members make policy. Planning Commission makes land use decision based on those policies. Something just seems out of step to bypass the Commission in land use decisions and basically reverse the system. I know I am relatively new to the Planning Commission and that I still have much to learn. But I am still struck with the belief that there has to be another way to help developers show what they intend to do with a PZD in a simple, streamlined and inexpensive manner. Sometimes I think we let technology get in our way and we keep adding things on top of other things we want to see. The result is a process that is time consuming and expensive for developers. There has to be another way to allow them to show PC and Council what they want to build and how it will look conceptually. There are definite things we can ask them to commit to within that initial process before anything overly expensive or technical has been done. Letting them just bypass the PC just does not seem to be the answer. I do thank the Council for allowing us input into this decision and discussion about the PZD ordinance. I am hopeful we can work together to find a better way. Candy Jill Anthes: 1) The current review process is a fast process already compared to many other city and county jurisdictions, without shortening it further. 2) Adequate time is needed for staff to prepare comprehensive reports. 3) The applicant, staff, and the Planning Commission can offer options for revisions through the process, rather than voting a project up or down without trying to find a middle ground. 4) There will be a learning curve for the Planning Commission with each one of these projects -- to understand the Master Plan concepts, commitments, standards, etc. that the City Council approved -- which may lead to more time in the review of the detailed plans at the time of development. 5) The proposed ordinance does not promote interaction between the applicant and the Planning Commission, which is particularly important when tied to a development plan that will be approved or denied by the Planning Commission K lRepora120051PC ReporW05-09-05WDM05-1504 (PZD Rmsions).doc at a later date. 6) If the Planning Commission's role is to review and recommend land use decisions to the City Council, it is especially important (rather than less so) in "special cases" like the PZD. 7) The circumventing of the Planning Commission erodes the credibility of the Planning Commission, which may carry into all other decisions and interactions with developers. 8) Isn't the City Council supposed to receive the advice of the Planning Commission prior to deciding these matters? Are there legal findings to this effect? There is an issue even bigger than these, however. The City of Fayetteville currently has no instrument to allow (more the less encourage) mixed -use development, other than the PZD. Wasn't the PZD ordinance written to encourage creative development that would not otherwise be allowed under current zoning regulations? If that's the case, the revised ordinance actually works in contradiction to this goal. Let's say that a developer has 100 acres and submits a "master development plan" with a conceptual zoning diagram for 60 acres of RSF-4, 20 acres of RMF-24, 10 acres of R -O, and 10 acres of C-1. Don't be misled -- this is NOT mixed -use development. It is four parcels of single -use zoning that will develop only marginally different under one developer as it would if these were four separate tracts with separate owners/developers. One could even make the case that applying zoning in this way, without a full development plan, could result in what would otherwise be classified as spot zoning. Seeing a development plan along with the zoning request allows the Planning Commission and City Council to approve a zoning that incorporates a true mix of uses. If this is burdensome for developers, then we should come up with another way to facilitate mixed -use development in our city. Jill Anthes K:IReporisL2005WCReporis105-09-05WDM05-/504 (PZD Revisions).doc Planning Commission • • May 9, 2005 Page 70 ADM 05-1504: Administrative Item: PZD Ordinance Revision Ostner: The last item on our agenda is ADM 05-1404 entitled PZD revisions. Pate: We spoke about this at length at agenda session so I won't go too much in depth. You are entirely welcome to email your comments to me if you would like to not discuss them too much tonight. Obviously, City Council will be looking for minutes and any comments that you have so I would recommend that you get those to us so we can forward those this Friday to City Council. Background for the public listening, the Planning Commission voted unanimously to forward the PZD revisions to the City Council in January, 2005. The Ordinance Review Committee reviewed that, had suggestions for changes, staff made those changes and went back to the Ordinance Review Committee about a week and a half ago. There were some revisions and one of the major revisions was to have the master development plans come through without going to the Planning Commission. That is obviously, a significant change for this type of request. It is a rezoning request that is tied to at least a conceptual master development plan and would be a different scenario than what you experience now. Currently anything to do with planning that goes to City Council is made by a recommendation from the Planning Commission as well as Planning Staff. The Ordinance Review Committee is looking for feedback from you on that process. I've outlined as much as I could here. I have also included the current ordinance, we have yet to add this portion into it but we will by Friday for the agenda request to City Council. Essentially, what we are looking for is feedback on how you feel about that process and whether you do that now verbally or in writing is fine by us. We will forward those comments to the City Council and they are very interested to hear what you have. One of the big things is it does allow for an incentive for a developer to come through this process with a master development plan, PZD because it does forego some of the time associated with processing a project. Instead of 40 days to get to the Planning Commission plus 21 days to get to the City Council plus two readings, which is another two weeks which can be quite a lengthy time. It would essentially come in, we would review it with the Zoning Review Team and it would go straight to City Council with a recommendation. What the Planning Commission would be faced with then is looking at PZDs that were approved by the Council as land use decisions much like the zoning districts that you see now. As Mr. Ostner noted at agenda session, it would be a custom zoning created for that piece of property and staff would make a recommendation to determine if it met the intent, spirit and all of the commitment and development standards that were approved by the City Council. That would be the biggest change that you would not see the conceptual part of it, you would just make a recommendation on the development. With that, I would be glad to take any comments for the record or you can email me if you would like. Planning Commission • May 9, 2005 Page 71 Ostner: Do Commissioners have comments that they would like to share on the PZD proposal? At agenda session when this was presented to us, I have to say from a development stand point the incentive to have any kind of fast track in this slow wheel is incredible. I think that is a real benefit and I think that will get the attention of a lot of people and I think that is important to not slow things down when they don't have to be slowed down. I'm also mixed because I do think we offer in sight. I understand that we do not grant rezoning requests but I believe our discussion and what happens in the audience with staff and neighbors is beneficial to the City Council. However, I am willing to be cut out of the custom rezoning business if the Council thinks it was a good idea. If anyone else has anything to say about this issue you can say them now or email to Jeremy. Myres: I plan to email my comments. Ostner: If there is no further discussion, this is an administrative item which does not require a motion. Meeting adjourned: 9:38 p.m. 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 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, C°*�^r 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. (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. 2- (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 (2) General project concept: (A) Street and Lot Layout (B) Site Plan Showing Proposed Improvements -3- I 0 (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 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 -4- 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. 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. 5- • 0 Project Tracking At the time of subdivision final platite-pla^ 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. 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 -6- 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 B. 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: 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 -7- 9 0 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: .§ YMl LAND USE DENSITY UNITS ACRES 1 SF- Single Family 3 120 40.0 26% MF Multifamily 9 765 35.0 23% 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.U. Mixed Use SUBTOTAL 784,080 sq. ft. 34% (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: 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. -8- C 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 Administrators decision to deny an administrative modification within 10 working days of said decision to the 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 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 -9- • 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 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. 10- 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: adequacy of both the internal and external st gyred in light of the projected future traffic volumes. The traffic circulation system shall be comprised of a hierarchal local collector and arterial streets, each designed to accommodate function and in aoprooriate relationship with one another. Design of the internal street circulation system must be sensitive considerations as safety, convenience, separation of vehicular and pE traffic, general attractiveness, access to dwelling units and the 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. provisions for ingress and egress for any site along with service drives %rior circulation shall be that required by Chapter 166 Development of Parking standards. The off-street parking and loading standards found Chapter 172 Parking and Loading shall be used as general guidelines establish parking and loading standards for the PZD master development plan. (5) Perimeter treatment. Notwithstanding any other provisions district, all uses of land or structures shall meet the open sl strip provisions of this chapter of this code. (6) Sidewalks. (7) Street Lights. As required by As required by Streets within a PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City unless otherwise approved by the City Council as part PZD master development plan. (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. (ii) 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. (iii)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. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi)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. (vii) 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. -12- (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width (No On -Street Parkina) Dwelling Units One -Way Two -Way 1-20 14 22' 21+ 14' 24' *Note: If on -street parking is desired, a minimum 6 feet must be added to each side where parking is intended. (ix)All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi)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. (11) 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 guarantee to the City completion of the nonresidential facilities in the amount no less than 150% of the estimated cost of said facilities. (12) 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. (13) 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. -13- (14) 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 phased master development plan development plan. the applicant does not adhere to the schedule as stated in the approved (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 may 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 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 -14- 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, detention ponds, drainage structures, 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 may be approved by the City Attorney. The Planning Commission shall consider and approve 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: (a) The homeowners association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) 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. (e) 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. The association must be able to adjust the assessment to meet changing needs. -15- Sondra Smith - Custom Zone From: "Hank Broyles" <hbroyles@bhallc.com> To: "Jeremy Pate" <jpate@ci.fayetteville.ar.us> Date: 5/23/05 9:37AM Subject: Custom Zone Good morning, I would like to provide testimony in favor of the "Custom Zone". I think any step that skips the PC is wonderful. We made numerous improvements to Aspen Ridge prior to our meeting with the planning commission. But they felt like they had to make changes to our proposal. They think they have to make changes to every proposal they see. I believe the PC has written guidelines to follow that instruct the PC to determine if the developer is complying with city ordinances. Not picking colors of buildings or how the buildings should sit on the site. Many projects don't need their changes, but the PC now believes they are developers and know what is best for the City, so they make all kinds of changes, which I no not believe is within the scope of their authority. As a developer, I am frustrated by these actions and 1 am willing to take the chance that I will make PC members mad at me by saying so. But, so what. also feel they should serve one term and leave City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7 -Jun -05 City Council Meeting Date Tim Conklin Submitted By Planning and Development Operations Division Department Action Required: PZD ORDINANCE AMENDMENT: Submitted by Tim Conklin for Ordinance amendment to add an additional Planned Zomr District (PZD) option to allow applications to be approved as a Master Development Plan without submittal and approval of a large scale development or preliminary plat. Cost of this request n/a Account Number n/a Project Number Budgeted Item Department birector City Attorney )& L�� Finance a d Internal Service Director n/a Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a S-lA•oS Date Original Contract Date: n/a S- 2S-Qf Original Contract Number: Received in City Clerk's Office of UP Date Received in Mayor's Office 5452/0 � ,. 2 Date 6 , a- • City Council Meeting of October 05, 2004 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Through: Gary Dumas, Director of Operations From: Tim Conklin, Planning and Development Management Director Date: May 17, 2005 Subject: Ordinance amendment to add an additional Planned Zoning District (PZD)option to allow applications to be approved as a Master Development Plan without submittal and approval of a large scale development or preliminary plat. RECOMMENDATION The Planning Commission voted 8-0-0 on January 10, 2005 to recommend to the City Council, Planning Staff recommends approval of the Planned Zonning Distict Amendments. BACKGROUND Staff has brought forward amendments to the Planned Zoning District ordinance to address sevaeral issues that have been discovered since the passage of the ordiance in 2002. The following ammendments are adressed in the proposed ordinance: • Significant reduction in the amount of design and engineering required for submittal (No Large Scale Development and Preliminary Plat Required for land use changes) • Standerization of required information for all PZD's Master Development Plans. • Increased amount level of detail in written form as a "Statement of Commentments" to clarify what is presented to the City for approval • Authorization to phase projects beyond the current expiration of approvals • Authorization to administrativly approve minor modifications At the ordinance review committee on April 27, 2005, the committee discussed the idea of having PZD's that don't include preliminary plat and large scale development go directly to the City Council. The committee asked staff to present this idea to the Planning Commission and get their comments. Staff has attached their comments regarding this issue. The overall goal of this amendment is to meet the informational needs of the the citizens, eleceted and appointed officials, the development community and staff to make informed policy decisions regarding land uses changes within the community without development approval (Preliminary Plat and Large Scale Development. /�14a, k'� rcGd��s �/-7/46s DRAFT May 25, 2005 • 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 preliminary plat approval through the Planning Commission when processed concurrently as set forth in Chapter 166 of the UDC. 0 �0 CD /O 3 � °] \j O HO0 (/-0.>�_ - i ccn (/� E3 ,} !0 0 33 !\§ \ 3 0 ( 00 /§95, / CL � � 2 § � ( \ 0 J� � E�«f� K� k/, n « &&� ( m 2 o i x N W D > 3 O 9 T x m p m o T Z 3 m m T � x m ��m mm p \_ pm r D n T N 2_ y m Z m y D N m W N O U O O U O O O O O J U tD e e e e Oe Oe e o O U e e e e e a e a w w W W m N o mo W O O N N J O P w (N (O T C N J = N O O W A O O N N U N w w O m a nd N T � w 3 0 0 O n J O d LI C 6 N N T = � m m U U n o T q m W OO O O N O O O J U w w p m n$ o } o N N 3 0 A O N N j O l0 J d w w w w w f» f» w � p W T � C O = O m N In O W O w O N e W J U m "m A m y O o O c m o O fO b J b b N b+ O b+ im O _N md N o T O J O lJ J m N r O m O O O O O O O m J O O O O O O O O e q o a a o o a o a d fA iP W fA M M U U N T � R S p D T m O N O N U O O O O A O W O O O p O c N O O O O O O O O m O O O O O O O O p 0 0 ) From: Clarice Pearman To: Pate, Jeremy Date: 7/12/05 2:51 PM Subject: Ord 4717 & Ord 4719 Jeremy, Attached are copies of the ordinances passed by City Council on July 5, 2005 for VAC 05-1521 and amending Chapters 161 and 166. HNNORTHWEST �ARKANSAS EDITION "Northwest Arkans"j,most Wider Aead Nel"Nper" AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: e� L4711 was inserted in the regular editions on PO#. **Publication Charge: $ Subscribed and sworn to before me this rVuldly ruullu My Commission Expires *' Please do not pay from Affidavit. An invoice will be sent. 2005. D. Williams Notary Public State of Arkansas My C4mLvission Expires October 18, 2014 RECEIVED JUL 2 9 2005 CITY OF FAYETTEVILLE �'TY CLERK'S OFFICE P.O. BOX 1607 9 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 11 THANK YOU! Arkansas Democrat -Gazette, NW Ed. 212 N. East Avenue Fayetteville, AR 72701 479-442-1700 VISA PURCHASE CARD #************4345* EXPIRATION DATE : ***** DATE 07-21-2005 #006152 A TIME 13:08:47 SALE 1517.76 APPROVED 053602 AVS: YES CLERK : Ashley Stewart MERCH ORDER# : ITEM DESC: ***PLEASE IMPRINT CARD*** ------------ THANK YOU ------------ OIIO"MINCB 130. 4717 A ORDINANCE AMENDING SECTIONS 166.06 O PLANNED ZONING DISTRICTS (PZD), AND SEC- /Ii///QQQ��QQ fff f� TUNS 161.25 (C), OF AND (E) PLANNED ZONING �� II CODE. T,YETEkVOF THEEUNIFIED OF DEVELOPMENT � y gAt7. CODE, FAYETfEVIU.E CODE OF ORDINANCES, TO ggILp NSAS ALLOW MASTER DEVELOPMENT PLANS TO BE S(1BMITTED AS AN 01 WITHOUT SUBMfrTNG A UBDMSION OR LARGE SCALE DEVELOPMENT AND CLARIFYING OTHER REQUIREMENTS, CON- DITIONAL LASES, AND DEVELOPMENT STANDARDS FOR PLANNED ZONING DISTRICTS BE R ONOALLCL'D BY TRB CRY COUNCIL OF THO CRY OP PAmTT6 ffil ANRAMLABs That Section 166.06 Planed Zoning Districts (PZD), Title W of the United Developren Mal Code of Ordinances, is hereby cleared in its en nalb, antl replaced n its mead by Edim hereto and made a pert recall That Sections 161.25(0), (D), and (E) Rarned Zoning Districts (PZD). Tits )CV of the Unified nt Code, Fayehevgla Code of Ordnax:es, is hereby emandeo to add the "a" section D, C-PZD, and I-PZD: I% GNP PASWD Md APPROVIM This 5M clay of July 2005. APPROVED EXHIBITA lelennod Zonhm OloLlon prAM A ty. To be con4tlered for a planned zoning district, the applicant shat meet a of the following l include those located within the ply Innis. his for preliminary plan lade she W a ledOwner of record or an audor- master devebprrent Plan shell be binding on a Subsequent owners of the Stan be ne minimum or maximum tract size for a PZD application, The Wtied application for a PZD shall Include the following item; Campfire application form to request a PZD. Nei of a PZD master deoiosme it plan In accordance Mn The submission requirements (3) Fee. Applicant shat Pay all nequatl filing fees for a planned zoning district ss set font In Chapter 159 Fees Of Me UDC. If a subdivision Or large scars development Is proposed, a fee for that application shell also be pad. (C) Review and approval Pro;eduras. (1)Pre-ePPdration meeting. Battle Subridi an awlibi the lardowner or authorized agar shelf con. ter with ft Planning Division in order to become fanNar with Me PZD process. The staff shall Infomn the SPIAnant Of any Perceived Problems that may arise. A further purpose of the pre-appmatlon meeting is to make Sure the apploani has, Or win W able to, submit the necessary information for filing the application. The intent of this conference Is to provide guidance to Me appdoant prior to frcurrirg suossnial repartee in the preparation of Plans, surveys antl other data required In a PZD master development plan. (2) Recurred CityCouncil Approval. PZD Mater Developsent Pins Hat ere processed without a pret n- mary pat or large scale development shall only require City Gamin approval. (3) Required Psmag Commission and City Council Approval. PZD Master Development Plans that are Processed with a prantlnary plat Or large Scala development sad follow the procedures for Large scale development and Preliminary Plat approval through Me PLamng Commission when processed mncv- renify as set forth In Chapter 166 of the UDC. (4) City CWnCf. If He PZD master development plan Is approved by the Planning Canmsam, it ail be forwarded to the City Council for revew The City Council may grant or deny as submitted, or as they may so amend, defer for requested aenges or more Inform bon, or ratum the appnation to Me Plamkg Commission for further stedy. The-eppinant Shan not modify to a design other Men that reviewed and approved by the Planning Commission Pdor to Ciy Council novel The City Councll may direct the Planning Commission to reconsider specific aspens of Me Plan. If Me roaster development plan is approved, an On inanca Shen be Prepared which Incorporates He Plan, Gatemen of commilmens, deva- OPmenl and architectural starxiarcis, ad LOnlditbne. (5) Development and Subdivision Approval. Preliminary Plot and/or Large Scale development approval is required! for a PZD Made Development Plans, (6) Appeals. Appeal from the Stun of the Panning Commission shat be in accordance with Chapter 155 Appeals of the UDC. (71 Repeals. The owner of an approved pLanod zofung district may, for case request rsi of Me odi- nerm estebH5Nng the dewloprment when it has been determined Het the development will net occur. A Mitten request may be tied with m dry dark at any this up to Mree (3) yeas after Me date of adoption of ft ordinate casting the Planned zoring dstrit. The request son be addressed to the Mayor and City Council, acting font rte cause for repeal. The request Sall be set for a public tearing at the Settled possible time to expedite the requlyd actlen. The Owner Of Me Subject Planned zo nig district zoned Larnide rd anal prnotice of hearing to adjacent P(PPerY owners. Notice to offers SS required by law San be PrOAdod by 04 Sell and signs sell W post- ed. (Q) General Requirements. (t) Application of a Planed Zoning District is Permitted only In azmdfete with a master development Plan Prepared and Swig in accordance with the Povisios heron. Large Scene Development and/or Preliminary Plat approval MY be concurentiy Pmcased through the PZD Process. (2) Planned Zoning Districts may by Cormsed by one Of move owners and shat be developed under ml- fied correct Or by a untied roamer develor mernt pan, The owners, successors. bas, or assigns shall be bound by the approved master rlewsmen pan, Inetstlng arty Medications or amendments thereto as approved by He Zoning antl Devaoprfant Administrator or City Canal. (3) Master development pane may ircW le none resmobve regulatons than that which Is Incli in other sections of rho UDO but standards shall not be established that sf below Mesa minimum standards. i ne PIOVSSMS of this PZD master development plan shall Prevail and govern the development of (name of dawdO ent), provi'ided, however, Mat whore the Pmwfamne of this Master development plan do not address a particular subject, the relevant Provisions Of the City of Fayetteville United Dawop ant Code, es amended, a any other applicable reguutons or regulations of the Gry of Fayetteville, dal be applica- ble. Enforcement To further the mutual interest of the residents, Occupens, am owners of the PZD Master development Plan and of the Public in the Preservation of the inegnty of the Plan, the ProWsnns of this Plan relating to Me use of land statement of commitments, development and arcltitectural 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 m i- ry by the City without limitation on any Power Or regulation otherwise granted by law. Confiia Whom Mee Is more than are Provision within the PZD Master Developrtlant Plan Met corers Me Sarre subject matter, to Provisim which is most restrictive Of imposes higher standards or imulnerrtenta shall govern unities determinetl otherwise by the Zoning and Development Administrator. Maximum Level of Development The total number of dwellings or the total ccmmerco, busness, or Industrial intensity approved for devel- opment within the Planting Areas is the maximum deveopment 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 subdhis in or site improvement plan requirements or other requkements of the Gry Council. Prgea Trading At the time of subdiwsicn final plat or large scale development the applicant shat provide a summary of the dwvespment, to date, to Me PLarWrg Division, in agar to assure maximum development finis are net exceeded. (2) Sheet 2 Zoning and Development Standards by Flaming Am The name roposd w Me PPZD masts daolosm ra Plan shall be centered at thin TOPof the seat Wong the long dimension of the sheet The proposed zoning and dewlcpmwt standards shall be formatted to f0fow Me established UDC zoning format. Beginning In Me upper left hand column of the sheet state the following for each Planning Area category e.g., angle famly: Pemkfted uses by Use Unit ComitiOna uses by Use Unit Land Use Density and/or Interelry Bulk fed area regulations Lot width minimum Lot area minimum Land arse per dwelling Setback requirements Height Buffing area Landscaping Parkin Site Planning Architectural Design Standards Other slardards Or requirements provided in the UDC shall apply to this PZD Master Doosdo eot Ran Complete legal description. The Gaff planner may aow this to be provided on a separate Most, 0lagUry. (3) Sheet 3 Master Development Plan. The name of the proposed PZD master development plan shat be centered at Me top Of Me Sheaf along the long dimension of the sheet. This sheet shall graphically depict Me SAO and Include Me following: 1. A block In rho lower right hand corner, Or along the right hand margin, which includes Me following: North Arnow Graphic and when scale at 1' = 100' or 1' = 200' Of a9 Otherwise ise approved by the Zoning and Development Administrator or staff planner Date of Preparation 2. Vicinity map that depict the reatio al to the sunoure ng area within a 1 mile radius. The vicinity map shot be supennposed on a current City of Fayetteville Fat Page, on a anent Gry of Fayetteville Zoning Map, and on a current Gry of Fayetteviim Mastro Street Ran maintaining the same scale. 3. Dimensions, bearings, and control points along a exterior property Ilnes. 4. Topography wen be shown at mseamum 10' contour intervals, including high and low spot elevations and shadow areas of 15% Or greater sops. The staff,psnner may request Mat other significant topo- graphic ccnditlosi be depicted a grafter or Iassar knavas More appropriate. SYMBOL LAND USE DENSITY UNITS ACRES % SF Single Foray 3 120 40.0 26% MF Multdimily 9 765 35.0 23% DP Dedicated Parks 42.5 28% SUBTOTAL 8.18 865 117.5 77% C Commercial 566,280 sq. ft. 25.0 17% I Industrial 217,800 eq. ft. 9.0 6% O Office M.0 Mixed Use 14eA SUBTOTAL 164,080sq.n. 0. ACCOSS (1) Arterials and collectors shsl W depicted in e] planing areas, 121 Traits as coordinated with the Parks Division 6. Existing eesernente/n9ht-of-way, 7. 100 Year ftwdPlalra, fioodway, and strew./creek zedehine 8. Proposed LanLROW/Eesament.Dedicatbon 9. Pubm a private, regional and conmkn!ty park=, open specs am trails call be depiced and referenced by number, letter or symbol: Local perk dedication aid[ be determined at the time of plattirg/dawksp. meet. 10. Planning Areas - Areas Identified for a Sped6ed Per ift ed and/or Conditional Uses All planning amaa text open space areas she be shown overtsd on topography at a stele the clearly tlelirsom the planing area boundaries Su that May can bar located on the cue. F -or Serb Planning area Gown cn the development plan or within a separate babe, Indicate the following, as applicable: A. Acreage B. Number of di units C. Lad use deagnetion D. Readentsl density E. Noreesidentsl square footage v:r.nry w umera anal ins corlswerd OY the Plarrvng Commission end City Council in the review of a - nned zoning district application based on the proposed mater development pan; NOTE: The number of dwellings Indicated In the Planning Ages is the maximum number of dweVVISMOr the awficalion is llings in compliance with the reqummene of Me UDC and the General Pan 2020; requested, the lintel Of witch cannot exceed the total number approved for the Proposed PZD. The Whether the appicatisn snden. Whether the wnYAannce with a applicable maMory Provsksm; Shy range for each Planning Area, wren calculated t0 Me maxinum Proposed shall rot es exceed ft total Wgeneral impact of the reaching rg would adversely Impact provsion of public fadlltles and number of dwellings for the enure PZD. The actual number of dwellings approved q' of Council may be kiss than shown on the plan due to SubdMsion a cue Improvement plan requirments a other vequke- Wtietner Me Proposed Mixings compatible with the sunoundng Lath uses; meths of the Council and Planning Commission. Whether the subect land is suitable for the Intended use and Is compatible wsh the natural am=- 11. Land Use Table nt' A separate antl use table, which Minimal the total kid user for the Planned davempmant shall be pre. "What Whether iThe intended would create m1ftc OOnges0on exiling road burden He exilroad network; pared as follows willzft ing following categories and symWs: Partin Example: he p�aldeveb� grant Provides for unified detwopmen cord under a unified Pan. (H1 Statement of Commitments. otter recognized zoning conaderabon would be violated In His PZD. The statement of commimens shelf be provided h the following formt: Made opment Plan Suresay and Required Irnlamatim -STATEMENT OF COMMITMENTS' Star DeVeOpment Plan (MOP) Is a USSf l tool for Wfh developers and sternal to reach consensus and The statement of commitments shall, in Of cases, deal Me development commitments including e semen about the way an ease is developed. Where a van of uses and i Prop" They differ from aeneaed ate Mena in trim t� o,w,�e x.. iw �t� � proposed � R1eMM for assigning responsibly to heirs, succesmrs, a assigns, end timing a the hAfillmen of Mesa rua or a umseo engineered ate plan. A MDP sroud depict the lager Planning issues Such sal beat styes, open apace, access. Internal dcolaLOn, evalatility and location of existing water and sewer, sing topography, drainage, and the genes mcatlOn of was. while giving ft dewill Sane swway ddress gradng, urlliy construction, street conrucdm, building Placement, driveways, and number locatim of Perking sPsces further along at me development review Or Wddng pamv stage. following librmason Shag be submitted by the applicant in Mean ramativa forth: he name and address of: Street and Lot Layout Site Plan Stowfrg Proposed Improverrans BufferAreas . Tone Reservation Areas Strom Water Detention Ames lad Drainage 0 Oovaoprnent Praarg and time (tans e Pruning Areas, described and deposed (planning Arses (Pry ars (nose seas within an MDP with specific zoning and development standards. as required real 1. Any number of PAS may WWMIn an MDP, supea to approval by the City Cora. SiP�M�e � and d0cmt lard uses stay Man required by this Plenri g/Erggeering pMslors. ss of ft site characterilcs related to the Proposal, Including any onviranmentaly hazardous, nature resource areas. Desi my natural Or marvnede hazards. ace with Me Fayamovile Gerved Plan 2020 iPrim of ft recreational facidses, Including existing and proposed park sties open space and Osed Zairng and DawloM ent Standards an compering the proposed Mesta d8VaOPment Pan to the anent zoning district requirements. other requlyd firrOMlGiOn as applicable when other appicatons as Processed In elmunction 'ZD masts devesanent pan applimbon Le. Preliminary plat, large scale development). m Development Plan Isva of Detail alma Of Me PropOsd master development plan Shelf be centered a ft top of ft sleet along penal verbatim on ft show: PZD matter development pan is auhorized by Sections 161 and 166 - Panned Zoning Districts of wry of Fayetteville Unfld Development Code, The provision of His PZD master development pan him with Me Land. The landowners. the surcessos, hate, or assegre self be Wad by Ws master Iopmera Plan. as amends and approved by the City Couwg. Of this PZD master oewlopmen plan sad evidence the findings and decision of the n Council that Mis Panned Zoning District for game of deremmmarl s n gowne conermmity It ire, Genera_ Plan 2020; is authorized by the Vgvidons of Sections 161 antl 166 of the 1. Dedication: manage, woven, water, etc., either in speef- in Ileu of kid or sdlltss. Daambe the pro - g maintenance power. In at cases, ded- idfeen and Snap W conveyed to the Gry of Fayettevlle. 2. On Or off aite mPrOanents: Provision shall be Made for the construction of, or payment of fees for, oa11MMLY or Off site Improvements Mi current UDC requirements for guarantee of irtarovertaMs w the time of development. 3. Natural Resources and Enmonmernal Sensitive Areas Such ss Trees, Wesands, Fioodpan 4. Project phasing resimilons 5. Fire Protection 6. Other canmltmi imposed by Ma City 7. Pa7cWTails/Open Space Commnmms 8. Proposed Preliminary Building Bevatlons (Residential and Comn er iap 0) Arnendmens to the PZD Master Development Plan. The Zoning em Development Administrator shat determine wherher an amendment regicst shot be con - scared! a mina rtrodification or a PZD CityCouncilrezoning based on the ontene assblsne0 herein. The wPkWt may appeal the Zoning am Development Adminatratal decision to day an administrative Mdifcation within 10 working days of said dedsim to the City Council, in wiling. (1) Mina Modification - Crvala An amendment requem may be COMiderd as an adnlristretive minor mdi oadon if it mass me follow- ing criteria: Building Setbacks -An increase or decrease of the Mulled building setback when such modification is no more than a 20% change to the onginaly approved setback. Minimum Lot Size -An ktsease or decrease of the mnmum lot size when such modification Is no More tram a 20% change t0 the originally approved minim" lot size. Bonding Height -An increase or decrease of the building height whin such modification Is no mere than a 20% mange to He Originally approved maximum buMi g height. Increesxt Number of Dwelling Units -An increase of the number of dwelling units in a planning arse w 20% or less. Such Increase sell be accompanied by a corresponding decrease in dwelling uis in another Planning sea located within the same approved PZD Masher Development Plan. Decreased Number of DweBrg Units -A decrease at the number w dwelling units In a planning area up to 20%. Such decrease sal result in a net kiss of dwelling units unless these units are mmumently approved as an Increase of units in another planning a ia. COMMMISYNOn-resdenis Development Intensity An Increase a decease of the square footage of development Intenaty, when won mmitcation is m more Man a 20% change to the originally approved development Inanity. , Ted Charges-Imlostanlal charges to the taxi, as determind by the Zoning and Development Administrator, to add ciliy, when such changes do not Marge the cammitimns. Street Alignment -The Zoning and Development Administrator upon review by the City Engineer ball determine whGher an insigntfiCam shift In the alignment of a lest sell be considered as a mill modi- fication. (2) City Council Approval. Rezoning through the PZD process is required to modify arty aspect of Me PZD which is not allowed under fie Mina Modification process. A planning ass whin a Master Development Plan may be amended separately from the remainder of the approval maser development pan with City Council approval. (,p Phasing, Rasing of a PZD master development plan may vary tom the requesmane of Chapter 166 of the UDC with regard to Me expiation of pamtls ad plans Only when phasing Ties been identified, described, and approved ss part of Me PZD master dewespient plan process. (B) Development standards, conditions am review guidelines (1) Generelly. The Planning Commisson shad; consltla a proposed PZD In light of ft purpose am intent ss set forth In Chapter 161 Zoning Regulations, and tie development standards trio review oudelines set. ram neren. "'Mary emphasis shell be Placed upon ac!"Ovi compatibility between rho proposed devel- opment and dmounding areas so as to preserve and enhance the neighborhood. Proper planning shelf involve a cons'deratbn of tree preservation, water conservation, preserwtion of natural site amerities, and the Proteclien of watercourses tram erosion end siltation. Tha Planning Commesan shalldeenmine Mat specific development feetures, Inducing Project density, building locations, connon usable open space, the vehicular aecdalim system, parking areas, screaming and ka dece irg, and perimeter treatment calf be combined in such a way ss to further the heath, safety, amenity and worse of the community. To these ends, all applications filed pursuant to ft odtrance shell be reviewed In accordance win Me same gen- Oral review gudeires as these utd¢ed for zoning and SubdMsion applications. (2) Screening and landscaping, In order to enhance Me Integrlry and attrectivanass a Me development, and Man deemed necessary to protect adjacent Properties, Me Planning Cmerradon shat requre Land- scaPl and screwing W part of a PZD. The screening and landscaping shot be Provided as set forth in §166.09 Buffer Ships and Screening, As pat of the development Plan, a deolad Screening and lard- SCapirg plan shot be submitted to the Planning Commsssion. Landscape plans She show the geretat location, type and quality (Size end age) of plant material. Soreenbg plain shall include typical details of fercaq, berths and pan material to be used. (3) Tafic circulation. The following traffic cincubation guidelines shelf apply: (a) The adequacy ot bosh the internal and edamb street systems shelf W reviewed in light of Me project- ed future traffic volumes. (b) The traffic droula0m layman shelf be wmPnsed of a hierarchal scheme of local cdector and arterial strews, each designed to accommodate its mesa function antl in appropriate relationship with one moth- % (c) Design of ft internal sweat drwstion system must W sensitive to such ccnsWenn ons as sway, Pon- venimse, Seperatbm of vehicular and Pedeadan tafft, genera atiracWeness, access to owning units and the proper relationship of different Lard uses. (p Interco collector streets Shall be coordinated mh the existing external street system, Providing for Me efficient flow of traffic Into and out of the planned zoning development. (e) Intemw local shows shat be designed to discourage through traffic within the planned zoning devel- opment and to adjacent areas. (U Design provisions for ingress and egress for any ate along with sernce drives and Interior circulation shall be Met required by Chapter 166 Development of this code. (4) Parking standards, The off -sheet Parking end loading standards found in Chapter 172 Parking and Loading Snell be used as garland gultlanes to establish perking and Loading standards for the PZD ri ter development pan. (5) Perwneter continent. NohWtlfstardi g ay other provisions of a Planed zoning district all uses of lard Or structures shell meet this open space, buffer a green strip pro lalons of this chapter of this cow. (6) Sidewelks. As required by §166.03. (7Street Lights. As required by §166.03. (6) Water. As requim by §166.03. (9) Sewer. As required by §166.03. (10) Streets ant Drainage. Streets wimin a PZD may be other Public or private. (a) Public Strwas. Public streets Shot be Poratrucid according to Me adopted Standards of the City unless otherwise approved by the City Ccurdl as part pi masts dawmmrern plan. (b) Private Streets. Private streets within a residential PZD shall be pemnifted subject to tle following con- dions: 0 Private streets shat be Permitted for only a loop street or street ceding with a cul-de-sac. Any street connecting one or more Pubm steats shall be constructed to axierg City standards and Shag be dei dated as a public street. fio Private streets eau be de:ignad and castmcted to Me sane standards as Public Greets with the exceptions of width and al -de -sacs as neted below. (lip NI grading and drainage within a Planned Zoning Dstria including site drainage end d for vats stews shell comply with Me City'sGaadig (Phi Anemtlon of LarxUd aDraneger (Sronn weer management) Ordinances Open dranage Syaerns may be approved by the Ory Engineer. (N) Maximum density served by a cu4e-sac shall be 40 units. Maximum density served by a loop street shell be 80 units. (Y) The pat of the planned dewelosmenl shad designate each private area as a -pnvate street.' A'U Maintenance a private Streets anal be Me responsibility of He developer or of a neighborhood prop- erty owners 8155warmn (Pi and shell not be the responsibility of hire City. The method for maintenance and a mainterwoe kind shall be established by the PZD cowrans. yipthe covenants sell ProNtle Mat in the event Me Pr Val streets are not maintained as required by Me covenants, the City "I have the right (but all not be Modred) to mantain said streets and to charge Me coat thereof to the Property Owners within tine PZD on a Pro raw bass accondng to assessed vali bon for d valorem tax Purposes and anal have a lien on Me reel Property within Me PZD for Such cost. The Pmtective cows efts Shell grant the City Me right to use a private streets for purposes of povkifilg fire and pins protection, sanHation seMce lad any ohs of the mureow bunions. The missive covenants she Provide that such covenants snob not be amended ant aotl not terminate without approval of the Gry Council. (viii) The width a Private a sits may vary accodbg to file density Served This following standard shall bar used: Paving Width (No On-Sinast parirg) Owning g Units One -Way Two -Way 1 -20 14' 22' 21♦ 14' 24' 'Note: It on -Greta Parking Is dosired, a rWaman 6 feet must be added to each side Where parking is Intended. (u) All of Me traffic laws prescribed by Title VII shall apply to will, on private streata within a PZD. (d Thaw shelf be no mlhimurn building setback mpWrement from a private Greet. (e) The developer Gall erect at the entrance of Bach private sheet a recsngula Sign, nor mceaorg 24 tithes by 12 inches, designating the street a'private Great' which snail Pe clearly Nslble to motor will ular traffic. (11) Ca hm bn of nonresigemo facilities. Prier to las m of move than eight WilGrg mm fa any made ial PZD, OR approved nawesdarNel fadliliea she be consWcted. In the event file developer Pro- Posed to develop the PZD In Phases, and the nemesidentsl fadlaes are net Proposed In the Initial Phase, the dewbper Sol guarantee to the City OOMPlGim of the rmreadaaal tacilnes In the amunt no less Iran 150% of Me estimated cost of said facilities. (12) Tres preserveIon. All PZD develow erm Gan Comply with file mquIr mans for tree preservation as set font in Chapter 167 Tree Preservation and Protection. The location of trees sad be omficared when Plamtrg rho common open SPece, location of buildings, entlerground serve as. walks, paved feees, plai grarlds, Parking areas, ant finished grade levers. (13) Commercial design standards, All PZD developments that contain office a commerce structures shat comply With the commemo design standards as set font In §168.14 Site Dewloprnen Standards Sri COMMUCLiwn and Appearate Design Standards for Commercial SMtames. (14) View Omission. The Planning Commission sal have Me right to astdlish specs! height and/or posi- tioning restrictions where scenic View are Involved and slat have the right to Insure the Perpetuation of those views through Protective covenant remria'ona. (E)Revocation. (1) Causes for revocation ss enforarnent action. The Fleming Canmisson may recommend to the City Council that ary PZD approval ba revoked and a Wading a occupancy permits be Voided under the Id- lowig dreumse nces: (a) Building permit. If no Wilding Permit has been Issued within if* time allowed. (b) Phased devsoprent schadi If the applicant does not adhere to the Phased master development plan Schedule as stated in Me approved development plan. (c) Open space and reaeaboral facilities. If Me mnshucfton and provision of all common open spaces and public and ncreetlona fadllfles which eve shown on the tried plan fear proceeding a a a sstardity slower rata than aline Proles canponarri Planning staff may report ft status of each aging PZD G Me first regular meeting of each quarter, So Met the Planing Com" sslm Is able to compete ine actual d"Of ment accomplished! with me approved devetopnent smadi If the Raining Co nmssion finds that Me rate of construction of dwelling mils a offer commercial or Imratrlel anuauns is substansoy greeter than the ate at which common open spaces and Public rEmSer o fannies have been constructed and provided, then Ms Planning Commission may InWte rsvmatkn wtim or ceaeeto appm arty aodviord find plans ff plecdirg phos- j es new not been finalized. The city may also lava a mop work ode, or discarne Issuance of Pudding Or O Pancy permle, Of revoke those Previmsy Iss id. (2) Procedures. Prior to a acoanada0on of revocatm. netice by certitd ma shall be sent to ft landowner or authorized agent gMng notice of rho alleged default, setting a time to appear before Me Planing CmiMWOr to show cause why steps shroud not be inwe to total or partal revoke the PZD. The Pla inng Commission recommendation she be forwarded to the City Ccunr9 for dispositlon as in original approvals. In Me event a PZD IS ravOked, Me Ciry Counts sell take ft appropriate action n Me dry dent office and the Public zoning record duty noted. (3) Effect. In the event of revocation, arty completed por0ons of Me development a those persons for which Wilding permits have bee issued shall be treated to be a Whole and affective development. After causes for revocation or enforcement have been co acid, the City Council shall expuge such record as established ebwe and She authorize continued issuance of building permits. IT) Cwerams, toss and honiecwnar associatbrs. (1) Legal envies. The developer shad creme Such legal entRLea as appropriate to urdertaket and be responsible for the ownership, operation. ccrstuse , and malnerence of Private cads, parking areas, detention Pads, manage structures, cannon usable open space, community bec ififie. recreerlon areas, Wfding, lighting, SOaafry Masurs and seller cannon elements In a development. The dry ancoragas the creation of homeowner associasons, funded commur tY truss or other nonprofit organizations imple- mented by agreements, Private Improvement district, contracts and covenants. Aff legal Iretrername set- ting forth a plan or Mannar of Permanent care and maintenance of such open space, scroll areas and communally -owned facilities may be approved by the Oty Attorney, The Planing C rim al sad con- sider anc approve the suability for me proposed use of the Open areas The am menllond Legal instru- ments sag be provided to sal Planing Commission together with the filing of the tiro plan, except that He Guarantee shed be filed WWM the preliminary plan or at Least in a preliminary form. (2) Common peas. If the common open space Is defied to a harecil association, the developer shall fit a with Me Plat a molester of cownanls and restrictions in the Guarantee that will govern He asso. clatdn with the appcabon for final plan approval. The provisions she] inside, but net necessarily be IIm- 1 d to, the iolowfig: (a) The horeowners asawatlon must W Legaly asablilned before Witting perms are granted, (b) Membership and fees must be msndui for own home buyer and sucrassys buyer. (c) The open space MUNGUOM must be permanent, rather than for a period of yeas. (d) The association must be nssporelbe for the meinenence of recreational and OMer common facilities covered by the agreement and for all Iabli y Insurance local axes and other public asseeernans. (e) Homeowners mum pay Hor pro rate sham of are Initial cost; the melntaance assessment levied by ft associaion must be stipulated as a potential then on the propery, i The association must be xis to adjust the assessment to meet changing nail