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HomeMy WebLinkAboutOrdinance 4717 ORDINANCE NO. 4717 AN ORDINANCE AMENDING SECTIONS 166.06 PLANNED 'ZONPNG DISTRICTS (PZD), AND SECTIONS 161 .25 (C), (D), AND (E) PLANNED ZONING DISTRICT, TITLE XV OF THE UNIFIED DEVELOPMENT CODE, FAYETTEVILLE CODE OF ORDINANCES, TO ALLOW MASTER DEVELOPMENT PLANS TO BE SUBMITTED AS AN OPTION WITHOUT SUBMITTING A SUBDIVISION OR LARGE SCALE DEVELOPMENT AND CLARIFYING OTHER REQUIREMENTS, CONDITIONAL USES, AND DEVELOPMENT STANDARDS FOR PLANNED ZONING DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That Section 166.06 Planned Zoning Districts (PZD), Title XV of the Unified Development Code, Fayetteville Code of Ordinances, is hereby deleted in its entirety and replaced in its stead by Exhibit A, attached hereto and made a part hereof.. Section 2: That Sections 161 .25(C), (D), and (E) Planned Zoning Districts (PZD), Title XV of the Unified Development Code, Fayetteville Code of Ordinances, is hereby amended to add the following section under R-PZD, C-PZD, and I-PZD: Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning . Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. PASSED and APPROVED this 5th day of July, 2005. ``�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 -