HomeMy WebLinkAboutOrdinance 5675Doe ID: 015677290005 Type: REL
Kind: ORDINANCE
Rcorded: 04/1114 at
Fea Amt: $35.00/Page I of85 7:54 AM
Washington County, AR
Kyle Sylvester Circuit Clerk
File2014-00008557
ORDINANCE NO. 5675
AN ORDINANCE TO AMEND § 161.32 PLANNED ZONING DISTRICT
AND § 166.06 PLANNED ZONING DISTRICT OF THE UNIFIED
DEVELOPMENT CODE TO CLEARLY SEPARATE THE ZONING AND
DEVELOPMENT APPROVALS FOR PLANNED ZONING DISTRICTS AND
TO SIMPLIFY AND REDUCE CURRENT REGULATIONS AND TO ENACT
AN EMERGENCY CLAUSE
WHEREAS, the Planned Zoning District ordinance was established to allow concurrent
processing of zoning and development plans; and
WHEREAS, the City of Fayetteville Planning Commission may grant approval of
development applications; and
WHEREAS, the City of Fayetteville City Council may approve and enact zoning
amendments; and
WHEREAS, the City of Fayetteville desires to establish clear boundaries in the
development and zoning review process of a Planned Zoning District request; and
WHEREAS, the Unified Development Code's regulations should be clarified, simplified
and shortened whenever possible and feasible.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 161.32 Planned Zoning District in its entirety and enacts a replacement § 161.32 Planned
Zoning District as shown in Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
166.06 Planned Zoning District in its entirety and enacts a replacement § 166.06 Planned
Zoning District as shown in Exhibit `B."
D
Page 2
Ordinance No. 5675
Section 3. EMERGENCY CLAUSE. That the City Council of the City of Fayetteville,
Arkansas hereby determines that the need to immediately resolve the issue of how Planned
Zoning Districts should be applied for and handled as a zoning issue is necessary for the public
peace, health and safety. Therefore, the City Council of the City of Fayetteville, Arkansas
hereby declares an emergency exists such that this ordinance shall be in full force and effect
from the date of its passage.
PASSED and APPROVED this 1St day of April, 2014.
APPROVED: ATTEST:
VA
'40 ,� e.
SOND�RA E. SMITH, City Clerk/Treasurer
e • FAYETTEVILLE
'�9yNC ANSGOJ`
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EXHIBIT "A"
161.32 Planned Zoning District
and cooperation between the city and private
developers in the urbanization of new lands
(A) Applicability. To be considered for a Planned
and in the renewal of existing deteriorating
Zoning District, the applicant shall meet all of the
areas.
following criteria:
(7) Open space. Provision of more usable and
(1) Location. Any property located within the
suitably located open space, recreation
city limits is eligible for a Planned Zoning
areas and other common facilities that would
District. Upon City Council approval, an
not otherwise be required under
owner or developer of a specific piece of
conventional land development regulations.
property located within the City's designated
planning area may be authorized to submit a
(6) Natural features. Maximum enhancement
Planned Zoning District application in
and minimal disruption of existing natural
conjunction with an annexation request, but
features and amenities.
final approval of the PZD will not be effective
until said property is annexed into the City of
(g) Future Land Use Plan. Comprehensive and
Fayetteville.
innovative planning and design of mixed use
yet harmonious developments consistent
(2) Size. There shall be no minimum or
with the guiding policies of the Future Land
maximum tract size for a PZD application.
Use Plan.
(B) Purpose. The intent of the Planned Zoning
(10) Special Features. Better utilization of sites
District is to permit and encourage
characterized by special features of
comprehensively planned zoning and
geographic location, topography, size or
developments whose purpose is redevelopment,
shape.
economic development, cultural enrichment or to
provide a single -purpose or mixed-use planned
(11) Recognized zoning consideration. Whether
development and to permit the concurrent
any other recognized zoning consideration
processing of zoning and development. The City
would be violated in this PZD.
Council may consider any of the following factors
in review of a Planned Zoning District application.
(C) Rezoning. Property may be rezoned to the
Planned Zoning District by the City Council in
(1) Flexibility. Providing for flexibility in the
accordance with the requirements of this chapter
distribution of land uses, in the density of
and Chapter 154, Amendments.
development and in other matters typically
regulated in zoning districts.
(1) Each rezoning parcel shall be described as a
separate district, with distinct boundaries and
(2) Compatibility. Providing for compatibility
specific design and zoning standards. Each
with the surrounding land uses.
district shall be assigned a project number or
label, along with the designation "PZD". The
(3) Harmony. Providing for an orderly and
rezoning shall include the adoption of zoning
creative arrangement of land uses that are
standards and a specific master plan.
harmonious and beneficial to the community.
(2) All uses identified within §162 Use Units of
(4) Variety. Providing for a variety of housing
the Unified Development Code may be
types, employment opportunities or
allowed as permissible uses or conditional
commercial or industrial services, or any
uses, unless otherwise specified, subject to
combination thereof, to achieve variety and
City Council approval of the Planned Zoning
integration of economic and redevelopment
District request.
opportunities.
(3) Residential density. Residential densities
(5) No negative impact. Does not have a
shall be determined on the basis of the
negative effect upon the future development
following considerations:
of the area;
(a) The densities of surrounding
(6) Coordination. Permit coordination and
development;
planning of the land surrounding the PZD
CD161:1
(b) the densities allowed under the current
zoning;
(c) the urban development goals and other
policies of the city's Future Land Use
Plan;
(d) the .topography and character of the
natural environment; and
(e) the impact of a given density on the
specific site and adjacent properties.
(4) Building setback. There shall be no minimum
building setback except as may be
determined by the Planning Commission and
City Council during review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. Greater setbacks may
be established by the Planning Commission
or City Council when it is deemed necessary
to provide adequate separation from
adjacent properties.
(5) Building height. There shall be no maximum
building height except as may be determined
by the Planning Commission and City
Council during the review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. A lesser height may be
established by the Planning Commission or
City Council when it is deemed necessary to
provide adequate light and air to adjacent
property and to protect the visual quality of
the community.
(6) Building area. The Planning Commission
and City Council shall review specific
proposed lot coverages which generally
correspond to the guidelines for lot coverage
in the respective residential, office,
commercial or industrial district which most
depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. 4717, 7-5-05;
Ord. 4764, 09-20-05; Ord. 4783, 10-18-05; Ord. 5312, 4-20-
10)
161.33-161.99 Reserved
(Ord. 4930, 10-03-06 repealed and re -adopted the entire
chapter
CD161:2
EXHIBIT "B"
166.06 Planned Zoning District (PZD)
(A) General Requirements.
(1) A development application may be
concurrently processed with a rezoning
application through the PZD process and
may be conditionally approved, subject to
City Council approval of the Planned Zoning
District zoning standards.
(2) Development plans submitted with a PZD
may include more restrictive development
regulations than that which are included in
other sections of the UDC, but standards
shall not be established that fall below these
minimum standards.
(B) Modifications to development plan.
(1) Minor Modifications. Minor modifications to
an approved PZD development plan shall
follow the criteria established for the specific
development category.
(2) Major Modifications. Major modifications to
an approved PZD development plan shall be
submitted to the Planning Commission in a
form which compares the approved
submission with the desired changes.
(C) Construction of community amenities. Unless
otherwise approved by the Planning Commission,
community amenities offered as part of a PZD
development plan shall be constructed with the
first phase of development.
(Ord. 4717, 7-5-05; Ord. 4779, 10-18-05; Ord. 4919, 9-05-
06; Ord. 5104, 1-15-08)
CD166:1
Washington County, AR
I certify this instrument was filed on
04/11/2014 09:07:54 AM
and recorded in Real Estate
File Number 2014-00008557
Kyle Sylvester- Circuit Clerk
by
Jesse Fulcher
Submitted By
City of Fayetteville Item Review Form
2014-0118
Legistar File Number
03/18/2014
City Council Meeting Date -Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
ADM 13-4602 Administrative Item (UDC AMENDMENT CHAPTER 161.32 PLANNED ZONING DISTRICT
and CHAPTER 166.06 PLANNED ZONING DISTRICT): Submitted by CITY PLANNING STAFF for
revisions to the Unified Development Code, Chapter 161.32 and 166.06. The proposal is to categorize the
zoning and development requirements of a Planned Zoning District application into the appropriate zoning
and development chapters of the Unified Development Code.
Does this item have a cost? =
Cost of this request
Account Number
Category or Project Budget
Funds Used to Date
$0.00
Program or Project Name
Program or Project Category
Project Number Remaining Balance Fund Name
Budgeted Item? = Budget Adjustment Attached?
Previous Ordinance or Resolution # fE Ef
Original Contract Number:
Comments:
O.A OQ, 136j' '3.'j. za kr
tENTTIIEO
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THE CITY OF FAYETTEVILLE, ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Jesse Fulcher, Senior Planner
Date: February 28, 2014
Subject: ADM 13-4602 (UDC Amendment: Chapter 161.32 Planned Zoning District and Chapter 166.06
Planned Zoning District)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to amend the Planned Zoning District
(PZD) regulations. The amendments are significant; however, it is staff's opinion that the PZD remains a
valuable tool to retain the ability for the Council to see a zoning and development item processed concurrently.
The Council makes important legislative decisions related to zoning: building height, setbacks from adjacent
properties, permitted and conditional uses, etc. A PZD proposal is a unique custom zoning district, allowing the
City Council to review and approve or deny the proposal with neighborhood, staff and applicant input.
BACKGROUND
The City of Fayetteville adopted the Planned Zoning District (PZD) ordinance in November 2002 by Ordinance
No. 4434. The PZD ordinance replaced the Planned Unit Development (PUD) process that had been in place for
several decades. Planned Zoning Districts and Planned Unit Developments are but two names used to identify
master development plan processes, which are employed by municipalities across the nation.
The primary reasons that the PZD ordinance was adopted was to allow customized zoning districts for unique
development, to allow concurrent processing of zoning and development plans, and to provide the City Council
with an opportunity to make policy decisions related to land use. Under the PUD ordinance, these policy
decisions were built into the ordinance and were approved by the Planning Commission. This was very different
from a rezoning request where the Planning Commission makes only a recommendation on the zoning
amendment and the City Council makes the final legislative zoning decision. The PZD process reestablished the
Council's role in master development plan zoning decisions and provided a streamlined review process for the
development community.
In 2012, after the approval of a Planned Zoning District, a lawsuit was filed challenging the City's PZD
ordinance. In response to this action, the City Attorney requested Planning Staff amend portions of the Unified
Development Code to clearly separate the zoning and development standards in the ordinance.
PROPOSAL
THE CITY OF FAYETTEVILLE, ARKANSAS
Staffs primary goal with these code amendments is to group all of the "zoning" standards in Chapter 161,
Zoning Regulations, and all "development" standards in Chapter 166, Development. Currently, terminology
associated with "zoning" and "development" crosses into both chapters, creating confusion in the code and in
the decision making process. The end result should be a PZD process that includes a pure zoning decision by
the City Council and a separate development plan decision by the Planning Commission. This process already
exists for similar applications. Large scale developments and preliminary plats only require Planning
Commission approval and zoning decisions are made by the City Council after a recommendation by the
Planning Commission.
A second goal is to streamline Chapters 161.32 and 166.08. Currently, 161.32 outlines many of the findings for
a PZD which is appropriate. However, it also includes categories and standards for residential, commercial, and
industrial PZD's. These groups are all based on the primary land use, and ultimately provide only a name for
the type of PZD, but little else. The remaining standards are related to compatibility with surrounding
properties, which is a finding already under 161.32(B). Staff is proposing to remove all of 161.32(C), (D), and
(E).
Chapter 166.06 Planned Zoning District is currently over nine pages long. The largest part of this code is
dedicated to items found in the PZD application — essentially instructions. This includes instructions to submit
copies of the PZD plan, to complete a PZD application and pay the required filing fees listed in Chapter 159.
Similar requirements exist for all types of applications (large scale developments, lot splits, etc.), however, this
is the only application type with instructions listed in the ordinance. Staff is proposing to eliminate all such
items from Chapter 166.
Staff is also recommending that the allowance for private streets within PZD's be removed. Currently all private
streets must be constructed to the same standards as public streets, so there is no cost savings to the developer.
However, the long term maintenance responsibility is given to a limited number of property owners within the
development, most of which don't realize that they are financially responsible for the street. This does not
preclude the use of private drives such as those found within multi -family developments.
Staff is proposing to remove all references to covenants, trusts and homeowner associations. These terns and
regulations all deal with private agreements between private property owners. The City does not enforce private
party agreements.
One final change is to amend the modification requirements and remove PZD revocation. The Unified
Development Code already provides regulations for modifications for both development plans and zoning
regulations. Modifications to development plans may be minor or major and can be approved by planning staff
or the Planning Commission respectively. A development plan that is part of a PZD action should not have
different standards. A request to vary the zoning standards should be brought before the Board of Adjustment,
which is the requirement for all zoning variances. Significant changes to a PZD zoning code would likely
require a new zoning action by the City Council.
Revocation of a PZD is unnecessary in staff s opinion, because the zoning decision by the City Council should
not expire. Once a property is rezoned the zoning remains until a zoning amendment is made by the City
Council. This is the case for all other zoning amendments. However, the development approval should expire,
as provided by Chapter 166.20. Should a development plan proposed as part of a PZD expire, then the applicant
would have to resubmit the development plan through the appropriate process and receive a new approval. For a
large property, the applicant can process the zoning request for the entire property and only submit a
THE CIN OF FAYETTEVILLE ARKANSAS
development application for the first phase of development. Separate development applications would be
submitted for each subsequent phase.
Changes to the Unified Development Code are shown in stfikeeand highlight in the attached document.
DISCUSSION
On February 24, 2014 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 6-0-1 with Commission Chesser voting `no'.
BUDGETIMPACT
None.
Departmental Correspondence
PKANSA
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Andrew Garner, City Planning Director
Jesse Fulcher, Senior Planner
Quin Thompson, Planner -Current Planning
FROM: Kit Williams, City Attorney
DATE: March 3, 2014
L1 L
Kit Williams
City Attorney
Jason B. Kelley
Assistant CityAttorney
RE: Amending the Planned Zoning District Unified Development Code
Sections (§ 161.32 & § 166.06)
I want to thank Jeremy Pate, Andrew Garner, Jesse Fulcher and Quin
Thompson for their extensive work to clarify and shorten the Planned
Zoning District regulations in the UDC. During the appeal of the
Cleveland Street PZD, it became apparent that confusion could arise about
what review standard should be used when the City Council passes a
Planned Zoning District ordinance. My position was and is that the City
Council's approval of a PZD ordinance was a legislative action and thus
entitled to great deference by the Courts.
We just prevailed in the appeal of the Wheel Clamp/Booting
Regulation ordinance in large part because your legislative decision was
properly entitled to great weight and could only be reversed if there was
no rational basis to support the ordinance. The City Council obviously had
substantial and compelling reasons to regulate wheel clamping activities,
and the appeal was denied.
Last year, I proposed a clarification of the proper method and review
standards set forth in state statutes, and Representative David Whitaker
sponsored and worked successfully to pass this amendment to the state
statute in the last legislative session. To ensure your Planned Zoning
District decisions take advantage of the amended statutory review
standards (Is there any rational basis for your decision?), we need to clearly
separate your zoning decision from the development approval (based upon
the requirements of the PZD) by the Planning Commission.
The development approval by the Planning Commission (or City
Council on appeal) may be appealed to the Circuit Court for a brand new
jury trial. However, if the proposed development meets all the
development criteria in the UDC (and any applicable PZD or other zoning
regulation of the property), the development must be approved. {Even the
City Council must approve a development proposed that meets UDC
requirements whether or not any Alderman likes the proposed
development.) Therefore, it is likely I could prevail for the City in a pure
development appeal as a matter of law (by motion for summary judgment)
so that twelve jurors with no development approval experience (and who
may not even reside in Fayetteville) would not have to sit as a one-time
super Planning Commission or City Council to decide whether a
development should be built in Fayetteville.
In order to clarify and simplify the Planned Zoning District's
regulations and to strengthen both your zoning decision and the Planning
Commissions development approval (contingent on your PZD approval),
Planning Staff and I worked hard to revise the two PZD sections that are
now proposed to you for extensive amendments. This was a harder and
longer task than I anticipated, but I believe what Planning Staff and the
Planning Commission are recommending to you is a significant
improvement and clarification of Planned Zoning Districts.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND § 161.32 PLANNED ZONING DISTRICT
AND § 166.06 PLANNED ZONING DISTRICT OF THE UNIFIED
DEVELOPMENT CODE TO CLEARLY SEPARATE THE ZONING AND
DEVELOPMENT APPROVALS FOR PLANNED ZONING DISTRICTS AND
TO SIMPLIFY AND REDUCE CURRENT REGULATIONS AND TO ENACT
AN EMERGENCY CLAUSE
WHEREAS, the Planned Zoning District ordinance was established to allow concurrent
processing of zoning and development plans; and
WHEREAS, the City of Fayetteville Planning Commission may grant approval of
development applications; and
WHEREAS, the City of Fayetteville City Council may approve and enact zoning
amendments; and
WHEREAS, the City of Fayetteville desires to establish clear boundaries in the
development and zoning review process of a Planned Zoning District request; and
WHEREAS, the Unified Development Code's regulations should be clarified, simplified
and shortened whenever possible and feasible.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 161.32 Planned Zoning District in its entirety and enacts a replacement § 161.32 Planned
Zoning District as shown in Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
166.06 Planned Zoning District in its entirety and enacts a replacement § 166.06 Planned
Zoning District as shown in Exhibit `B."
Page 2
Ordinance No.
Section 3. EMERGENCY CLAUSE. That the City Council of the City of Fayetteville,
Arkansas hereby determines that the need to immediately resolve the issue of how Planned
Zoning Districts should be applied for and handled as a zoning issue is necessary for the public
peace, health and safety. Therefore, the City Council of the City of Fayetteville, Arkansas
hereby declares an emergency exists such that this ordinance shall be in full force and effect
from the date of its passage.
PASSED and APPROVED this 151 day of April, 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT 'A'
CHAPTER 161: ZONING REGULATIONS
161.32 Planned Zoning District
(A) Applicability. To be considered for a Planned
Zoning District, the applicant shall meet all of the
following criteria:
(1) Location. Any property located within the
city limits is eligible for a Planned Zoning
District. Upon City Council approval, an
owner or developer of a specific piece of
property located within the City's designated
planning area may be authorized to submit a
Planned Zoning District application in
conjunction with an annexation request, but
final approval of the PZD will not be effective
until said property is annexed into the City of
Fayetteville.
(2) Size. There shall be no minimum or
maximum tract size for a PZD application.
(B) Purpose. The intent of the Planned Zoning
District is to permit and encourage
comprehensively planned zoning and
developments whose purpose is redevelopment,
economic development, cultural enrichment or to
provide a single -purpose or mixed-use planned
development and to permit the concurrent
processing of zoning and development. The City
Council may consider any of the following factors
in review of a Planned Zoning District application.
(1) Flexibility. Providing for Flexibility in the
distribution of land uses, in the density of
development and in other matters typically
regulated in zoning districts.
(2) Compatibility. Providing for compatibility
with the surrounding land uses.
(3) Harmony. Providing for an orderly and
creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing
types, employment opportunities or
commercial or industrial services, or any
combination thereof, to achieve variety and
integration of economic and redevelopment
opportunities.
(5) No negative impact. Does not have a
negative effect upon the future development
of the area;
(6) Coordination. Permit coordination and
planning of the land surrounding the PZD
and cooperation between the city and private
developers in the urbanization of new lands
and in the renewal of existing deteriorating
areas.
(7) Open space. Provision of more usable and
suitably located open space, recreation
areas and other common facilities that would
not otherwise be required under
conventional land development regulations.
(8) Natural features. Maximum enhancement
and minimal disruption of existing natural
features and amenities.
(9) Future Land Use Plan. Comprehensive and
innovative planning and design of mixed use
yet harmonious developments consistent
with the guiding policies of the Future Land
Use Plan.
(10) Special Features. Better utilization of sites
characterized by special features of
geographic location, topography, size or
shape.
(11)Recognized zoning consideration. Whether
any other recognized zoning consideration
would be violated in this PZD.
(C) Rezoning. Property may be rezoned to the
Planned Zoning District by the City Council in
accordance with the requirements of this chapter
and Chapter 154, Amendments.
(1) Each rezoning parcel shall be described as a
separate district, with distinct boundaries and
specific design and zoning standards. Each
district shall be assigned a project number or
label, along with the designation 'PZD". The
rezoning shall include the adoption of zoning
standards and a specific master plan.
(2) All uses identified within §162 Use Units of
the Unified Development Code may be
allowed as permissible uses or conditional
uses, unless otherwise specified, subject to
City Council approval of the Planned Zoning
District request.
(3) Residential density. Residential densities
shall be determined on the basis of the
following considerations:
(a) The densities of surrounding
development;
(b) the densities allowed under the current
zoning;
EXHIBIT 'A'
(c) the urban development goals and other
policies of the city's Future Land Use
Plan;
(d) the topography and character of the
natural environment; and
(e) the impact of a given density on the
specific site and adjacent properties.
(4) Building setback. There shall be no minimum
building setback except as may be
determined by the Planning Commission and
City Council during review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. Greater setbacks may
be established by the Planning Commission
or City Council when it is deemed necessary
to provide adequate separation from
adjacent properties.
(5) Building height. There shall be no maximum
building height except as may be determined
by the Planning Commission and City
Council during the review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. A lesser height may be
established by the Planning Commission or
City Council when it is deemed necessary to
provide adequate light and air to adjacent
property and to protect the visual quality of
the community.
(6) Building area. The Planning Commission
and City Council shall review specific
proposed lot coverages which generally
correspond to the guidelines for lot coverage
in the respective residential, office,
commercial or industrial district which most
depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. 4717, 7-5-05;
Ord. 4764, 09-20-05; Ord. 4783, 10-18-05; Ord. 5312, 4-20-
10)
161.33-161.99 Reserved
(Ord. 4930, 10-03-06 repealed and re -adopted the entire
chapter
EXHIBIT 'B'
166.06 Planned Zoning District (PZD)
(A) General Requirements.
(1) A development application may be
concurrently processed with a rezoning
application through the PZD process and
may be conditionally approved, subject to
City Council approval of the Planned Zoning
District zoning standards.
(2) Development plans submitted with a PZD
may include more restrictive development
regulations than that which are included in
other sections of the UDC, but standards
shall not be established that fall below these
minimum standards.
(B) Modifications to development plan.
(1) Minor Modifications. Minor modifications to
an approved PZD development plan shall
follow the criteria established for the specific
development category.
(2) Major Modifications. Major modifications to
an approved PZD development plan shall be
submitted to the Planning Commission in a
form which compares the approved
submission with the desired changes.
(C) Construction of community amenities. Unless
otherwise approved by the Planning Commission,
community amenities offered as part of a PZD
development plan shall be constructed with the
first phase of development.
(Ord. 4717, 7-5-05; Ord. 4779, 10-18-05; Ord. 4919, 9-05-
06; Ord. 5104, 1-15-08)
aseeIle
A P"° N 5 ° s PC Meeting of February 24, 2014
THE CITY OF FAYF,TTF,VII I.E, ARKANSAS 125w. Mountain
.-. Fayetteville, AR 7270101
PLANNING DIVISION CORRESPONDENCE Telenhone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Senior Planner
THRU: Andrew Garner, City Planning Director
DATE: F ' ° 'r4 Updated February 28, 2014
ADM 13-4602 Administrative Item (UDC AMENDMENT CHAPTER 161.32
PLANNED ZONING DISTRICT and CHAPTER 166.06 PLANNED ZONING
DISTRICT): Submitted by CITY PLANNING STAFF for revisions to the Unified
Development Code, Chapter 161.32 and 166.06. The proposal is to categorize the zoning
and development requirements of a Planned Zoning District application into the
appropriate zoning and development chapters of the Unified Development Code.
City Planner: Jesse Fulcher
BACKGROUND
The City of Fayetteville adopted the Planned Zoning District (PZD) ordinance in
November 2002 by Ordinance No. 4434. The PZD ordinance replaced the Planned Unit
Development (PUD) process that had been in place for several decades. Planned Zoning
Districts and Planned Unit Developments are but two names used to identify master
development plan processes, which are employed by municipalities across the nation.
The primary reasons that the PZD ordinance was adopted was to allow customized
zoning districts for unique development, to allow concurrent processing of zoning and
development plans, and to provide the City Council with an opportunity to make policy
decisions related to land use. Under the PUD ordinance, these policy decisions were built
into the ordinance and were approved by the Planning Commission. This was very
different from a rezoning request where the Planning Commission makes only a
recommendation on the zoning amendment and the City Council makes the final
legislative zoning decision. The PZD process reestablished the Council's role in master
development plan zoning decisions and provided a streamlined review process for the
development community.
In 2012, after the approval of a Planned Zoning District, a lawsuit was filed challenging
the City's PZD ordinance. In response to this action, the City Attorney requested
Planning Staff amend portions of the Unified Development Code to clearly separate the
zoning and development standards in the ordinance.
G:\ETC\Development Services Review\2014\Development Review\13-4602 ADM UDC Amend Chapter
161.32 and 166.06\02 Planning Commission\2-24-2014\Comments and Redlines
PROPOSAL
1) Staffs primary goal with these code amendments is to group all of the "zoning"
standards in Chapter 161, Zoning Regulations, and all "development" standards in
Chapter 166, Development. Currently, terminology associated with "zoning" and
"development" crosses into both chapters, creating confusion in the code and in
the decision making process. The end result should be a PZD process that
includes a pure zoning decision by the City Council and a separate development
plan decision by the Planning Commission. This process already exists for similar
applications. Large scale developments and preliminary plats only require
Planning Commission approval and zoning decisions are made by the City
Council after a recommendation by the Planning Commission.
2) A second goal is to streamline Chapters 161.32 and 166.08. Currently, 161.32
outlines many of the findings for a PZD which is appropriate. However, it also
includes categories and standards for residential, commercial, and industrial
PZD's. These groups are all based on the primary land use, and ultimately provide
only a name for the type of PZD, but little else. The remaining standards are
related to compatibility with surrounding properties, which is a finding already
under 161.32(B). Staff is proposing to remove all of 161.32(C), (D), and (E).
Chapter 166.06 Planned Zoning District is currently over nine pages long. The
largest part of this code is dedicated to items found in the PZD application —
essentially instructions. This includes instructions to submit copies of the PZD
plan, to complete a PZD application and pay the required filing fees listed in
Chapter 159. Similar requirements exist for all types of applications (large scale
developments, lot splits, etc.), however, this is the only application type with
instructions listed in the ordinance. Staff is proposing to eliminate all such items
from Chapter 166.
Staff is also recommending that the allowance for private streets within PZD's be
removed. Currently all private streets must be constructed to the same standards
as public streets, so there is no cost savings to the developer. However, the long
term maintenance responsibility is given to a limited number of property owners
within the development, most of which don't realize that they are financially
responsible for the street. This does not preclude the use of private drives such as
those found within multi -family developments.
Staff is proposing to remove all references to covenants, trusts and homeowner
associations. These terms and regulations all deal with private agreements
between private property owners. The City does not enforce private party
agreements.
One final change is to amend the modification requirements and remove PZD
revocation. The Unified Development Code already provides regulations for
modifications for both development plans and zoning regulations. Modifications
G:\ETC\Development Services Review\2014\Development Review\134602 ADM UDC Amend Chapter
161.32 and 166.06\02 Planning Commission\2-24-2014\Comments and Redlines
to development plans may be minor or major and can be approved by planning
staff or the Planning Commission respectively. A development plan that is part of
a PZD action should not have different standards. A request to vary the zoning
standards should be brought before the Board of Adjustment, which is the
requirement for all zoning variances. Significant changes to a PZD zoning code
would likely require a new zoning action by the City Council.
Revocation of a PZD is unnecessary in staff's opinion, because the zoning
decision by the City Council should not expire. Once a property is rezoned the
zoning remains until a zoning amendment is made by the City Council. This is the
case for all other zoning amendments. However, the development approval should
expire, as provided by Chapter 166.20. Should a development plan proposed as
part of a PZD expire, then the applicant would have to resubmit the development
plan through the appropriate process and receive a new approval. For a large
property, the applicant can process the zoning request for the entire property and
only submit a development application for the first phase of development.
Separate development applications would be submitted for each subsequent
phase.
Changes to the Unified Development Code are shown in strikee and highlight in the
attached document.
RECOMMENDATION
Staff recommends that the Planning Commission forward ADM 13-4602 to the City
Council with a recommendation for approval.
Planning Commission Action: J Forwarded ❑ Denied ❑ Tabled
Motion: Hoskins
Second: Autry
Vote: 6-0-1 (Chesser voted `no')
Meeting Date: February24, 2014
G:\ETC\Development Services Review\2014\Development Review\13-4602 ADM UDC Amend Chapter
161.32 and 166.06\02 Planning Commission\2-24-2014\Comments and Redlines
AMENDMENTS
CLEAN
CHAPTER 161: ZONING REGULATIONS
161.32 Planned Zoning District and in the renewal of existing deteriorating
areas.
(A) Applicability. To be considered for a Planned
Zoning District, the applicant shall meet all of the
following criteria:
(1) Location. Any property located within the
city limits is eligible for a Planned Zoning
District. Upon City Council approval, an
owner or developer of a specific piece of
property located within the City's designated
planning area may be authorized to submit a
Planned Zoning District application in
conjunction with an annexation request, but
final approval of the PZD will not be effective
until said property is annexed into the City of
Fayetteville.
(2) Size. There shall be no minimum or
maximum tract size for a PZD application.
(B) Purpose. The intent of the Planned Zoning
District is to permit and encourage
comprehensively planned zoning and
developments whose purpose is redevelopment,
economic development, cultural enrichment or to
provide a single -purpose or mixed-use planned
development and to permit the concurrent
processing of zoning and development. The City
Council may consider any of the following factors
in review of a Planned Zoning District application.
(1) Flexibility. Providing for flexibility in the
distribution of land uses, in the density of
development and in other matters typically
regulated in zoning districts.
(2) Compatibility. Providing for compatibility
with the surrounding land uses.
(3) Harmony. Providing for an orderly and
creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing
types, employment opportunities or
commercial or industrial services, or any
combination thereof, to achieve variety and
integration of economic and redevelopment
opportunities.
(5) No negative impact. Does not have a
negative effect upon the future development
of the area;
(6) Coordination. Permit coordination and
planning of the land surrounding the PZD
and cooperation between the city and private
developers in the urbanization of new lands
CD161:3
(7) Open space. Provision of more usable and
suitably located open space, recreation
areas and other common facilities that would
not otherwise be required under
conventional land development regulations.
(8) Natural features. Maximum enhancement
and minimal disruption of existing natural
features and amenities.
(9) Future Land Use Plan. Comprehensive and
innovative planning and design of mixed use
yet harmonious developments consistent
with the guiding policies of the Future Land
Use Plan.
(10) Special Features. Better utilization of sites
characterized by special features of
geographic location, topography, size or
shape.
(11) Recognized zoning consideration. Whether
any other recognized zoning consideration
would be violated in this PZD.
(C) Rezoning. Property may be rezoned to the
Planned Zoning District by the City Council in
accordance with the requirements of this chapter
and Chapter 154, Amendments.
(1) Each rezoning parcel shall be described as a
separate district, with distinct boundaries and
specific design and zoning standards. Each
district shall be assigned a project number or
label, along with the designation "PZD". The
rezoning shall include the adoption of zoning
standards and a specific master plan.
(2) All uses identified within §162 Use Units of
the Unified Development Code may be
allowed as permissible uses or conditional
uses, unless otherwise specified, subject to
City Council approval of the Planned Zoning
District request.
(3) Residential density. Residential densities
shall be determined on the basis of the
following considerations:
(a) The densities of surrounding
development;
(b) the densities allowed under the current
zoning;
(c) the urban development goals and other
policies of the city's Future Land Use
Plan;
(d) the topography and character of the
natural environment; and
(e) the impact of a given density on the
specific site and adjacent properties.
(4) Building setback. There shall be no minimum
building setback except as may be
determined by the Planning Commission and
City Council during review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. Greater setbacks may
be established by the Planning Commission
or City Council when it is deemed necessary
to provide adequate separation from
adjacent properties.
(5) Building height. There shall be no maximum
building height except as may be determined
by the Planning Commission and City
Council during the review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. A lesser height may be
established by the Planning Commission or
City Council when it is deemed necessary to
provide adequate light and air to adjacent
property and to protect the visual quality of
the community.
(6) Building area. The Planning Commission
and City Council shall review specific
proposed lot coverages which generally
correspond to the guidelines for lot coverage
in the respective residential, office,
commercial or industrial district which most
depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. 4717, 7-5-05;
Ord. 4764, 09-20-05; Ord. 4783, 10-18-05; Ord. 5312, 4-20-
10)
161.33-161.99 Reserved
(Ord. 4930, 10-03-06 repealed and re -adopted the entire
chapter
CD161:4
TITLE XV UNIFIED DEVELOPMENT CODE
166.06 Planned Zoning District (PZD)
(A) General Requirements.
(1) A development application may be
concurrently processed with a rezoning
application through the PZD process and
may be conditionally approved, subject to
City Council approval of the Planned Zoning
District zoning standards.
(2) Development plans submitted with a PZD
may include more restrictive development
regulations than that which are included in
other sections of the UDC, but standards
shall not be established that fall below these
minimum standards.
(B) Modifications to development plan.
(1) Minor Modifications. Minor modifications to
an approved PZD development plan shall
follow the criteria established for the specific
development category.
(2) Major Modifications. Major modifications to
an approved PZD development plan shall be
submitted to the Planning Commission in a
form which compares the approved
submission with the desired changes.
(C) Construction of community amenities. Unless
otherwise approved by the Planning Commission,
community amenities offered as part of a PZD
development plan shall be constructed with the
first phase of development.
(Ord. 4717, 7-5-05; Ord. 4779, 10-18-05; Ord. 4919, 9-05-
06; Ord. 5104,1-15-08)
CD166:3
AMENDMENTS
CHAPTER 161: ZONING REGULATIONS
161.32 Planned Zoning District
(6) Coordination. Permit coordination and
(A) Applicability. To be considered for a Planned
planning of the land surrounding the PZD
Zoning District, the applicant shall meet all of the
and cooperation between the city and private
following criteria:
developers in the urbanization of new lands
and in the renewal of existing deteriorating
(1) Location. Any property located within the
areas.
city limits is eligible for a Planned Zoning
District. Upon City Council approval, an
(7) Open space. Provision of more usable and
owner or developer of a specific piece of
suitably located open space, recreation
property located within the City's designated
areas and other common facilities that would
planning area may be authorized to submits
not otherwise be required under
Planned Zoning District application in
conventional land development regulations.
conjunction with an annexation request, but
final approval of the PZD will not be effective
(a) Natural features. Maximum enhancement
until said property is annexed into the City of
and minimal disruption of existing natural
Fayetteville.
features and amenities.
(2) Size. There shall be no minimum or
(9) General[ Rlan Future Land Use Plan.
maximum tract size for a PZD application.
Comprehensive and innovative planning and
design of mixed use yet harmonious
(B) Purpose. The intent of the Planned Zoning
developments consistent with the guiding
District is to permit and encourage
policies of the GBReF91 PlaR Future Land Use
comprehensively planned zoning and
Plan.
developments whose purpose is redevelopment,
economic development, cultural enrichment or to
(10) Special Features. Better utilization of sites
provide a single -purpose or mixed-use planned
characterized by special features of
development and to permit the concurrent
geographic location, topography, size or
processing of zoning and development.
shape.
(11)Recognized zoning consideration. Whether
any other recognized zoning consideration
would be violated in this PZD.
The City Council may consider any of the
(C) Rezoning. Property may be rezoned to the
following factors in review of a Planned Zoning
Planned Zoning District by the City Council in
District application.
accordance with the requirements of this chapter
and Chapter 166,9eve1eryraent 154,
(1) Flexibility. Providing for flexibility in the
Amendments.
distribution of land uses, in the density of
development and in other matters typically
(1) Each rezoning parcel shall be described as a
regulated in zoning districts.
separate district, with distinct boundaries and
specific design and zoning development
(2) Compatibility. Providing for compatibility
standards. Each district shall be assigned a
with the surrounding land uses.
project number or label, along with the
designation "PZD". The rezoning shall
(3) Harmony. Providing for an orderly and
include the adoption of a6pesifis roaster
creative arrangement of land uses that are
dGY6l9PFA6Rt plan and zoning development
harmonious and beneficial to the community.
standards and a specific master plan.
(4) Variety. Providing for a variety of housing
(2) All Permltted uses identified within §162 Use
types, employment opportunities or
Units of the Unified Development Code spall
commercial or industrial services, or any
may be allowed as permissible uses or
combination thereof, to achieve variety and
conditional uses, unless otherwise specified,
integration of economic and redevelopment
subject to City Council approval of the
opportunities.
Planned Zoning District request.
(5) No negative impact. Does not have a
( ,
negative effect upon the future development
of the area;
CD 161:3
0
the development.
CD161:4
(a) IR AG 4A6taRG9 Rhall the nnmmAFGqpl Gr
a
TITLE XV UNIFIED DEVELOPMENT CODE
(a) IR Re lRSt@RG9 she" the iRd1-19tFIAI 6189
e
he WS6 than fifty GRG ...
oH
CD161:5
(2) Residential density. Residential densities
shall be determined on the basis of the
following considerations:
(a) The densities of surrounding
development;
(b) the densities allowed under the current
zoning;
(c) the urban development goals and other
policies of the city's General PaaR Future
Land Use Plan;
(d) the topography and character of the
natural environment; and
(e) the impact of a given density on the
specific site and adjacent properties.
(3) Building setback. There shall be no minimum
building setback except as may be
determined by the Planning Commission and
City Council during review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent - properties- Greater- setbacks may
be established by the Planning Commission
or City Council when it is deemed necessary
to provide adequate separation from
adjacent properties.
(3) Building height. There shall be no maximum
building height except as may be determined
by the Planning Commission and City
Council during the review of the prelialiaaay
develepmeat zoning plan based on the uses
within the development and the proximity of
the development to existing or prospective
development on adjacent properties. A
lesser height may be established by the
Planning Commission of City Coundl when it
is deemed necessary to provide adequate
light and air to adjacent property and to
protect the visual quality of the community.
(4) Building area. The Planning Commission
and City Council shall review specific
proposed lot coverages which generally
correspond to the guidelines for lot coverage
in the respective residential, office,
commercial or industrial district which most
depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. 4717. 7-5-05;
Ord. 4764, 09-20-05; Ord. 4783, 10-18.05: Ord. 5312. 4-20-
10)
161.33-161.99 Reserved
(Ord. 4930, 10-03-06 repealed and re -adopted the entire
chapter
CD161:6
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 166: DEVELOPMENT
166.06 Planned Zoning District (PZD)
CD166:3
(D) General Requirements.
(1)
Fayetteville Code of Ordinances
A
development
application
may be concurrently processed with a
rezoning application through the PZD
process and may, be conditionally approved,
subject to City Council approval of the
Planned Zoning District zoning standards.
(3) "AstA Development plans submitted with a
PZ.D may include more restrictive
development regulations than that which is
are included in other sections of the UDC,
but standards shall not be established that
fall below these minimum standards.
t
CD166:4
TITLE XV UNIFIED DEVELOPMENT CODE
Egj Existing and Praporod—kd4ky
GAAAeGtiom and P�ARsions ygrInA.fim on the sheet,
StandardsGENERAI PROVISIONS
AuthaMy
CD166:5
Fayetteville Code of Ordinances
CD166:6
TITLE XV UNIFIED DEVELOPMENT CODE
en topography at a
scale that A'Aady dellpeate6 the
site
CD166:7
��DAB
li le
0
DOB
---���
CD166:7
Fayetteville Code of Ordinances
setback yfhAn 9119h FnAdifiGatiAR
08 -Re
increase
(b) MiRiFR61FR Let Ri7A
decrease of the mWmun;
An
--- -- -- - is
., to the originally
Fn nimurn �t size-.
AR -or
lot soxe vilqeR
Re FAAF9 than -
appi:Gved
(G) BulldhRq He ght An
. FAGGlifiRMOR is..
MaXamum height.
.... than
- ---- nf the nUMbGF
GGFFG6PGRdiAg dAQFeAQA
,.,Athin the same approved
. -
Gf dwelling - -
OR 40.9811449
(1) Modifications to development plan.
(1) Minor Modifications. Minor modifications to
an approved PZD development plan shall
follow the criteria, established for the specific
development category.
(2) Major Modifications. Major modifications to
an approved PZD development plan shall be
submitted to the Planning Commission in a
form which compares the approved
submission with the desired changes.
CD166:8
TITLE XV UNIFIED DEVELOPMENT CODE
CD166:9
Fayetteville Code of Ordinances
(11)Construction of
community amenities. Unless otherwise
approved by the Planning Commission,
community amenities offered as part of a
PZD development plan shall be constructed
with the first phase of development. RrieFte
DwelliNg
I AIS
one Wa)
TWO We
1 20
44
20
21s
4*
24
CD166:10
TITLE XV UNIFIED DEVELOPMENT CODE
CD166:11
Fayetteville Code of Ordinances
(Ord. 4717, 7-5-05; Ord. 4779, 10-18-05; Ord. 4919, 9-05-
06; Ord. 5104, 1-15-08)
CD166:12
CURRENT PZD APPLICATION
Zoning and Development Approval
CITY OF FAYETTEVILLE, ARKANSAS
PLANNED ZONING DISTRICT
Zoning and Development Approval
FOR STAFF USE ONLY
Date Application Submitted:
Date Accepted as Complete:
Case / Appeal Number:
Public Hearing Date:
Background:
FEE:
SIGN FEE:
_ S -T -R:
PP#:
Zone:
$525 - $1,125
$5.00 per sign
The Planned Zoning District/Large Scale Development/Preliminary Plat (PZD/LSD/PPL) application provides
master plan and engineering level of detail with standard processing through Planning Commission prior to City
Council decision on zoning. Planning Commission provides recommendation on development plan and rezoning
simultaneously, with the City Council providing ultimate decision on zoning.
Instruction:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
It is highly recommended the applicant conduct a meeting with nearby neighborhoods to discuss the
proposed development prior to application submittal. Your application will not be placed on the applicable
agenda until necessary information is furnished.
Application:
Indicate one contact person for this request:
Applicant (person making request):
Name -
Address -
E-mail:
Phone -
Fax —
K:WpplicationsTMpzd_app (zoning and development)_doc
Applicant Representative
Representative (engineer, surveyor, reallor, etc.):
Name -
Address -
Phone -
Fax
September 2010
Page 1
Zoning, Land Use, and Development Approval
Current Zoning District:
Requested Zoning District: ❑ Residential PZD ❑ Commercial PZD ❑ Industrial PZD
Total Acreage:
Number of Dwelling Units (Density): _units
Total non-residential square feet (Intensity): _square feet
% Residential Floor Area
• Commercial Floor Area
• Industrial Floor Area Industrial
Assessor's Parcel Number(s) for subject property:
Date of Pre -application meeting with City staff-
units/acre
square feet/acre
FINANCIAL INTERESTS: The following entities and / or people have financial interest in this
project: Name(s)(printed):
APPLICANT /REPRESENTATIVE: I certify under penalty of perjury that the foregoing
statements and answers herein made all data, information, and evidence herewith submitted are
in all respects, to the best of my knowledge and belief, true and correct. I understand that
submittal of incorrect or false information is grounds for invalidation of application
completeness, determination, or approval. I understand that the City might not approve what I
am applying for, or might set conditions on approval.
Name (printed):
Signature:
Date:
PROPERTYOWNER(S) /A UTHORIZED AGENT. I/we certify under penalty of perjury that I
am/we are the owner(s) of the property that is the subject of this application and that I/we have
read this application and consent to its filing. (If signed by the authorized agent, a letter from
each property owner must be provided indicating that the agent is authorized to act on his/her
behalf)
Owners (attach additional info if necessary):
Name (printed): Name
Signature:
Date:
Address:
Signature:
Date:
Address:
K. W ppl ications\PZD\pzd_app(MDPOnly) doc Feb=ry 2009
PZD Zoning and Development Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
PZD
Non-residential
Residential
Public Notification Sign Fee (per sign)
Grading & Drainage
Tree Preservation:
10 units/lots or less
25 units/lots or less
More than 25 units/lots
Up to 0.5 acre:
0.5 acre to 1.0 acre:
Over 1 acre:
Zoning and Development Approval
$1,125.00
$525.00
$725.00
$1,125.00
$5.00
$75.00
$100.00
$200.00
$120.00
(2) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County
website (www.co.washington.ar.us). The subject property and all adjacent parcels within 100 feet of the project
boundary should be identified on this parcel map. The owner's name, official mailing address, and the parcel
number for every parcel within 100 feet of the project boundary shall be shown on this map. (See the notification
requirements section of this application.)
(3) One (1) hard copy and one (1) digital copy in PDF format of the proposed PZD plats, booklets, signed application,
and any other items submitted with this project. These plats and booklets should include all required information for
a PZD listed in Section 166.02 of the Fayetteville Unified Development Code. These requirements are also listed
on the PZD Plat and Booklet Requirements checklist pages in this application.
(4) A disk with all information in AutoCAD and PDF format must be submitted with your application.
(5) A legal description of the property to be re -zoned should be signed by the owner/representative, and the legal
description provided to the Planning Division in MS Word on a CD.
(6) Application signed by current property owner of record or written verification signed by such owner designating a
project representative.
(7) The applicant is responsible for meeting the public notification requirements for a PZD listed on the Notification
Requirements pages in this application.
K: W pplicauons\PZD\pzd_app (zoning and development) doe September 2010
Page 3
Zoning and Development Approval
BOOKLET INFORMATION
A project booklet describing the project in narrative/bullet form is required, in addition to the submittal of plats.
Much of the same information is to be included in duplicate in both formats. Please contact a staff planner if yon
have questions.
A project booklet describing this request addressing the following items:
a. Current ownership information (landowner/applicant and representative if applicable) and any
proposed or pending property sales.
b. Summary description of the scope, nature and intent of the proposal.
c. General project concept:
(1) Street and Lot Layout.
(2) Site Plan Showing Proposed Improvements.
(3) Buffer Areas.
(4) Tree Preservation Areas.
(5) Storm Water Detention Areas and Drainage.
(6) Undisturbed Natural Areas.
(7) Existing and Proposed Utility Connections and Extensions.
(8) Development and Architectural Design Standards.
(9) Building Elevations.
d. Proposed development phasing and time frame.
e. Proposed Planning Areas (PA's), described in this booklet and depicted on Sheet 2 of the site plan
information (PA's 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).
f. Proposed Zoning and Development Standards for each PA (listed in the City's UDC zoning
format). See sheet 2 layout for specific information.
g. A chart comparing the proposed master development plan to the current zoning district
requirements (uses, setbacks, density, intensity, bulk and area regulations, etc.)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.
h. A description of the recreational facilities, including existing and proposed park sites, open space
and accessibility to parks and open space areas.
i. Reason (need) for requesting the zoning change.
j. Statement of how the development will relate to existing and surrounding properties in terms of
land use, traffic, appearance, and signage.
k. Statement of the project's compliance with the Fayetteville City Plan 2025.
1. A traffic study when required by the Planning/Engineering Divisions (consult with staff prior to
submittal).
m. Impacts on City services, including the availability of water and sewer (state size of lines). This
information is available from the City Engineering Division.
n. 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.
KAApplications\PZD\pzd_app (zoning and development) doe September 2010
Page 4
Zoning and Development Approval
(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).
o. Conceptual Description of Development Standards, Conditions and Review Guidelines
(1) Screening and Landscaping.
(2) Traffic and Circulation.
(3) Parking Standards.
(4) Perimeter Treatment.
(5) Sidewalks.
(6) Streetlights.
(7) Water.
(8) Sewer.
(9) Streets and Drainage.
(10) Construction of Nonresidential Facilities.
(I1) Tree Preservation.
(12) Architectural Design Standards.
(13) Proposed Signage (type and size)
(14) View Protection.
(15) Revocations.
(16) Covenants, Trusts, and Homeowner Associations.
p. Response as to how the proposal fulfills the intent/purpose of the Planned Zoning District, as
outlined in the attached ordinance.
PLAT INFORMATION
2. A concept/mast& plan of the proposed PZD is required containing sheets detailed as follows:
a. Sheet 1 — Cover Sheet/General Provisions
(1) The name of the proposed master development plan shall be centered at the top of the sheet
along the long dimension of the sheet.
(2) Any pertinent information regarding applicant/owner, site plat, etc. may be provided on
this sheet.
(3) Complete survey/legal description of the property to be rezoned with two points being state
plane coordinates. The staff planner may allow this to be provided on a separate sheet, if
lengthy. See legal description requirements section of this application.
(4) The following wording shall be placed verbatim on Sheet L
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 ran 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—oL (name-odevelopment) is in general conformity with the Fayetteville
K:\Apphcanons\PZD\pzd_app (zoning and development) doc September 2010
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Zoning and Development Approval
City Plan 2025; 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 o
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 ofthe City of Fayetteville, shall be applicable.
Enforcement
To firther 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 othenvise 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 a• constriction. The actual number of
dwellings or level of development far 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.
b. Sheet 2 —Zoning and Development Standards by Planning Area
(I) A conceptual drawing depicting the project site and proposed development with the PA's
delineated and called -out.
(2) 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:
Land use designation (name of Planning Area)
(a) Permitted uses by Use Unit.
(b) Conditional uses by Use Unit.
(c) Residential Density and/or Non residential Intensity.
• Acreage
• Number of dwelling units
• Nonresidential square feet
• Density/Intensity (DU/Acre and/or SF/Acre)
Bulk and area regulations.
(d)
Lot width minimum.
(e)
Lot area minimum.
(t)
Land area per dwelling
(g)
Setback requirements.
KAApplicanons\PZD\pzd_app (zoning and development).doc September 2010
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Zoning and Development Approval
(h) Height regulations.
(i) Building area.
Site Planning.
0) Landscaping.
(k) Parking.
(1) Architectural Design Standards.
(m) Signage.
NOTE: Other standards or requirements provided in the UDC shall apply to this PZD Master Development
Plan. This information shall be provided, in duplicate, within the project booklet.
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.
c. Sheet 3 — Master Development Plan
(1) The name of the proposed master development plan shall be centered at the top of the sheet
along the long dimension of the sheet.
(2) Sheet 3 shall graphically depict the site and include the following:
(a) A block in the lower right hand comer, or along the right hand margin, which includes
the following:
1. North Arrow.
2. Graphic and written scale at 1" = 100' or 1" = 200' or as otherwise approved by
the Zoning and Development Administrator or staff planner.
3. Date of Preparation.
(b) Vicinity map that depict the relationship to the surrounding area within a I mile radius.
1. 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.
(c) Dimensions, bearings, and control points along all exterior property lines.
(d) 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.
(e) Access:
1. Arterials and collectors shall be depicted in all planning areas.
2. Trails as coordinated with the Parks Division.
(f) Existing easements/right-of-way.
(g) 100 -year floodplains, floodway, and stream/creek centerline.
(h) Proposed Land/ROW/Easement Dedication.
(i) 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.
Q) Planning Areas — Areas Identified for a Specified Permitted and/or Conditional Uses:
1. 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.
(k) 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 (next page):
K W pplicaoonsTZDkpzd_app (zoning and development) doc September 2010
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Zoning and Development Approval
SYMBOL
USED
DENSITY/INTENSITY
UNITS/SF'
ACRES
%
SF
Single
Familv
3
120
400
26%
MF
Multifamily
22
765
35.0
23%
DP
Dedicated
Parks
425
28%
Subtotal
12.5
885
117.5
77%
C
Commercial
22,651
56G,280s .Il.
25,0
17%
I
Industrial
24.200
2R.SOOs
tt 9.0
6%
O
Office
Mu
Mixed Use
Subtotal
1 23,426
1 784.08o sq.
ft. 1 34
3. Detailed civil site plans for the Large Scale Development and/or Preliminary Plat. These
engineered plans should be collated and attached after the PZD plats and titled as Large Scale Development
or Preliminary Plat. These plans shall contain the information in accordance with the Plat Requirements
checklist in Section 166.03 of the Unified Development Code for a Large Scale Development or
Preliminary Plat including the following:
General
a. Names, addresses, telephone numbers, of owner(s), developer(s) and project representative.
b. North arrow, scale (graphic and written), date of preparation, zoning classification, and proposed
use.
c. Title block located in the lower right hand corner indicating the name and type of project, scale,
firm or individual preparing drawing, date, and revisions.
d. Provide a complete and accurate legend.
e. A vicinity map of the project with a radius of 1.5 miles from the project. This map shall include
any Master Street Plan streets as well as the 100 -year flood plain boundary.
f. Street right-of-way lines clearly labeled. The drawing shall depict any future R.O.W. needs as
determined by the AHTD and Master Street Plan. Future R.O.W. as well as existing R.O.W. and
center lines should be shown and dimensioned.
g. The location of all existing structures. Show the location of proposed buildings, square feet and
height. Dimension buildings from the roof overhang and setbacks to property lines.
h. Site coverage note indicating the percentage of site that is covered by both buildings and surfaced
area.
i. Legal description.
Floodplain/Floodway/W etlands
j. Show 100 -yr floodplain and / or floodway and base flood elevations. Reference the FIRM panel
number and effective date.
k. Note regarding wetlands, if applicable. Note if Army Corps of Engineers determination is in
progress.
Topographic Information
1. Existing and proposed topographic information with source of the information noted.
Show:
1. Two -foot contour interval for ground slope between level and ten percent.
2. Five-foot contour interval for ground slope exceeding ten percent.
m. Spot elevations at grade breaks along existing road centerlines, gutter lines and top of curbs or
edge of pavement.
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Zoning and Development Approval
n. Contours of adjacent land within 100 feet of the project shall also be shown. Contour information
may be available at the City in a digital format. Check with the drafting department for
availability and associated cost.
Tree Preservation Plaits
o. A Site Analysis drawing and Analysis report is required of all developments that have existing
trees present. If no existing trees are present, a Tree Preservation Fee Waiver Form shall be
submitted with the plans.
1. A site analysis drawing must clearly show the locations and types of all existing natural
features on the site including features 100' beyond the property lines that may be affected by
the design. A complete list of the information required to be shown on the Site Analysis may be
found in the City of Fayetteville Landscape Manual available free of charge from the Tree and
Landscape Department.
(a) The analysis report is a written description of design decisions and how they affect the
preservation of existing natural resources on the site
p. The Tree Preservation Plan, which should be incorporated with the Grading plan and be titled
Grading/Tree Preservation Plan, is a depiction of the existing tree coverage of the site and the
areas established for preservation. All existing trees must be shown on the plan. Groupings of
trees may be indicated by the edge of the overall canopy although trees within the grouping that
meet the definition of significant must be individually located and the spread of their canopy
indicated on the drawing. The species, canopy spread, trunk diameter and average health of the
tree must be shown in a chart on the plan. Tree preservation measures must also be shown on the
drawing along with mitigation information if mitigation is approved by the Landscape
Administrator. A complete list of the information required to be shown on the Tree Preservation
Plan may be found in the City of Fayetteville Landscape Manual.
Landscape Plans
q. Landscape plan requirements for the Off Street Parking Ordinance, the Overlay District, and
Commercial Design Standards are to be approved by the Planning Commission with a
recommendation by the Landscape Administrator. The conceptual design may be reviewed by the
Planning Commission however a detailed plan must be approved by the Landscape Administrator
prior to the issuance of the building permit. The conceptual plan shall show the general layout of
the plant material and shall include proposed plant species (common names are acceptable) and
size. Existing and proposed utility lines shall be shown on the plan. When an ordinance requires
shrubs or other screening material, show the layout of planting beds (it is recommended that
shrubs be within defined planting beds for ease of maintenance) The detailed plan shall also
include approved planting details and notes and particulars for irrigation.
r. Landscape proposals for parking lots and/or tree replacement requirements shall include proposed
plant species (common names are acceptable) and size. Existing and proposed utility lines shall be
shown on the plan. State the method for irrigating the plant material on the plan. When an
ordinance requires shrubs or other screening material, show the layout of planting beds (it is
recommended that shrubs be within defined planting beds for ease of maintenance).
Utilities — Existing
s. Show on the drawing all known on-site and off-site existing utilities and easements (dimensioned)
and provide the structures locations, types, and condition and note them as "existing" on the plat.
t. Existing easements shall show the name of the easement holder, purpose of the easement, and the
book and page number for the easement. If an easement is blanket or indeterminate in nature, a
note to this effect shall be placed on the plat or plan.
Utilities - Proposed
u. Show all storm sewer structures, sanitary sewer structures and drainage structures:
v. Show all Sanitary sewer systems
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Zoning and Development Approval
w. Note the occurrence of any previous overflow problems on-site or in the proximity of the site.
(Also, contact the Water / Sewer Superintendent, at 575-8386).
x. Water systems, on or near the site.
y. Provide pipe locations, types, and sizes.
z. Note the static pressure and flow of the nearest hydrant
an. Show location of proposed fire hydrants and meters.
bb. Underground or surface utility transmission lines:
(Note: This category includes, but is not limited to Telephone, Electrical, Natural Gas, and TV
Cable)
cc. Locations of all related structures (pedestals, poles, etc.)
dd. Locations of all lines (note whether the line is below or above ground)
cc. A note shall be placed where streets will be placed under the existing overhead facilities and the
approximate change in grade for the proposed street.
ff. State the width, location, and purpose of all proposed easements or rights of way for utilities,
drainage, sewers, flood control, ingress/egress or other public purposes within and adjacent to the
project.
Streets, Rights-of-way, and Easements
gg. The location, widths, grades, and names of all existing and proposed streets (avoid using first
names of people for new streets), alleys, paths, and other rights-of-way, whether public or private,
within and adjacent to the project; private easements within and adjacent to the project; and the
radius of each centerline curve. Private streets shall be clearly indicated and named. Names of
streets should be approved by the 911 Coordinator.
hh. A layout of adjoining property (within 300') in sufficient detail to show the effect of proposed and
existing streets (including those on the master street plan), adjoining lots, and off-site easements.
This information can be obtained form the Master Street Plan, Aerial Photos, and the City Plat
Pages located in the Planning Office if requested.
ii. The location of all existing and proposed street lights. Street lights are required at every
intersection, cul-de-sac and every 300', and associated easements required to serve each light.
Site Specific Information
J. Provide a note of any known existing erosion problems on-site or within 300' downstream of the
property.
kk. The location of known existing or abandoned water wells, sumps, cesspools, springs, water
impoundments, and underground structures within the project.
11. The location of known existing or proposed ground leases or access agreements, if known. (e.g.
shared parking lots, drives, areas of land that will be ]eased)
mm. The location of all known potentially dangerous areas, including areas subject to flooding, slope
stability, settlement, excessive noise, previously filled areas and the means of mitigating the
hazards (abatement wall, signage, etc.).
on. The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the
project. If land is to be offered for dedication for park and recreation purposes it shall be
designated.
cc. For large scale residential development, indicate the use and list in a table the number of units and
bedrooms.
pp. For non-residential use, indicate the gross floor area, and if for multiple uses, the floor area
devoted to each type of use.
qq. The location and size of existing and proposed signs, if any.
or. Location and width of curb cuts and driveways. Dimension all driveways and curb cuts from side
property line and surrounding intersections.
ss. The location and number of bike racks provided and required.
it. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate
pattern of traffic flow; include a table showing required, provided, and handicapped accessible
parking spaces.
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Zoning and Development Approval
on. Location of buffer strips, fences or screen walls, where required (check Unified Development
Ordinance for specific requirements).
vv. Indicate location and type of garbage service. Dimension turnaround area at dumpster location.
ww. A description of commonly held areas, if applicable.
xx. Draft of covenants, conditions, and restrictions, if any.
yy. A written description of requested waivers from any city requirement.
zz. Show required building setbacks for large scale developments. Provide a note on the plat of the
current setback requirements for the subdivision. A variance is necessary from the Board of
Adjustment for proposed setbacks less than those set forth in the zoning district.
aaa. Preliminary grading and drainage plans and reports as required in the City Engineer's Office.
NOTIFICATION REQUREMENTS
4. The developer is required to meet the notifications requirements for a PZD. The requirements are
attached to this application.
LEGAL DESCRIPTIONREQUIREMENTS
❑ 5. Written legal descriptions including area in square feet or acres that read clockwise. This shall be
provided on the plat. (Note: If the project is contained in more than one tract, the legal for each individual
tract and a total tract description must be provided.)
6. Boundary survey of the property shown on the plat. The surveyor shall seal, sign, and date the survey.
The survey shall be tied to state plane coordinates.
7. Provide a benchmark, clearly defined with an accuracy of 1/100'. This benchmark must be tied to USC
& GS Datum. Benchmarks include but are not limited to the following: fire hydrant, man hole, etc.
8. Each plat shall have 2 points described in State Plane Coordinates, Arkansas, North, North American
Datum, 1983 (NAD 83).
9. Point -of -beginning from a permanent well-defined reference point. This P.O.B. shall be clearly labeled
on the drawing.
_. 10. Curve data for any street which forms a project boundary.
OTHER REQUIREMENTS
11. Any other data or reports as deemed necessary for project review by the Zoning & Development
Administrator or City Engineer,
The Zoning & Development Administrator and City Engineer may waive any of these application requirements
when, in their discretion, any such requirement is not necessary due to the nature of the proposed project, or other
circumstances justify such waiver. A pre -application conference is required to review the proposed project and
discuss the checklist requirements.
(Note: As this request goes through the review process, revised copies of the project plat, and elevations, if
applicable, will be required)
Notice:
Resources including current zoning regulations, City Plan 2025, Future Land Use Plan, Master Street Plan and
Zoning maps are available for review in the Planning Office.
K ApplicauonsTZD\pzd_app(zoning and development) doc September 2010
Page I I
ORDINANCE NO.
AN ORDINANCE TO AMEND § 161.32 PLANNED ZONING DISTRICT
AND § 166.06 PLANNED ZONING DISTRICT OF THE UNIFIED
DEVELOPMENT CODE TO CLEARLY SEPARATE THE ZONING AND
DEVELOPMENT APPROVALS FOR PLANNED ZONING DISTRICTS AND
TO SIMPLIFY AND REDUCE CURRENT REGULATIONS
WHEREAS, the Planned Zoning District ordinance was established to allow concurrent
processing of zoning and development plans; and
WHEREAS, the City of Fayetteville Planning Commission may grant approval of
development applications; and
WHEREAS, the City of Fayetteville City Council may approve and enact zoning
amendments; and
WHEREAS, the City of Fayetteville desires to establish clear boundaries in the
development and zoning review process of a Planned Zoning District request; and
WHEREAS, the Unified Development Code's regulations should be clarified, simplified
and shortened whenever possible and feasible.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 161.32 Planned Zoning District in its entirety and enacts a replacement § 161.32 Planned
Zoning District as shown in Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
166.0 Planned Zoning District in its entirety and enacts a replacement § 166.06 Planned
Zoning District as shown in Exhibit `B."
Page 2
Ordinance No.
PASSED and APPROVED this 18'x' day of March, 2014,
APPROVED: ATTEST;
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRATGAZETTE
NORTHWEST ARKANSAS HE MORNINTHE NING NEWS
SPRINGDALEWS OF
ORTHWEST TIMES
NEWSPA ERSLLC BENTONC COUNTY DAILYRECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ord. 5675
Was inserted in the Regular Editions on:
April 10, 2014
Publication Charges: $116.73
0
Kafen Caler
Subscribed and sworn to before me
This 1!� day ofafU2014.
Notary Public
My Commission Expires: 2.20l avL�
CATHY WILES'
Arkmsas • Benton County
N"y Public • COMM# 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
APR 2 3 2014
CITY CLERKS T