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HomeMy WebLinkAbout2017-12-01 ORDINANCE NO. 17 — o� —0 AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; AND FOR OTHER PURPOSES. WHEREAS,the Batesville Planning Commission, after conducting a public hearing on June S, 2017, has voted at its regular meeting on August 7,2017,to recommend that certain items in Title 14 of the Batesville Municipal Code be revised;and, WHEREAS, the Batesville Planning Commission has determined that said proposed amendments to the zoning code would further the goals of the Comprehensive Plan and provide desirable flexibility in urban design and development to enhance the orderly development of the city. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT CHAPTER 14.09 OF THE BATESVILLE ZONING CODE IS HEREBY AMENDED AS FOLLOWS: CHAPTER 14.09 PLANNED DEVELOPMENT 14.10.01. General Description The purposes of this district are to promote flexibility and innovation in the design of large-scale developments and to encourage the use of vacant, in-fill parcels in the built up portion of the city. The zone also promotes open space in the project design. The Planned Development(PD)allows greater flexibility of design to achieve the goals stated above. In concept, the PD is a combination of zoning designation and development plan. A detailed development plan is required for permitting. Development must follow the Development plan exactly. Failure in this respect will result in reversion of the property to the original zoning. Althougli design innovation is encouraged, and flexibility is allowed, the PD may not be used simply as a method of avoiding zoning regulations. The Planning Commission shall consider a PD proposal only if it meets one of the following threshold criteria. A. The PD will allow the development of an infill parcel in the developed portion of the city that could not be made productive under normal zoning regulations. B. The PD would further the city's goal of providing housing for all economic segments of the city and its Planning Area Boundary. C. The PD involves a large parcel in which flexibility would allow high quality or innovative urban design. D. The PD would aid in the elimination of slums and blight within the city. F. The PD design results in a minimum of 30 percent of the total development reserved as permanent open space. PDs may be residential,commercial, industrial or mixed-use in nature. The development plan shall clearly depict the proposed land uses. There are no minimum size restrictions for PDs; however,the Planning Commission will consider PDs of less than one acre only under special circumstances. 14.09.02. Application Process The applicant for a Planned Development permit shall be the owner(s)of the property or the party designated to act as agent for the owners(s). The responsibilities of the applicant are as follows: A. Pre-application Conference Each prospective applicant shall confer with the City staff in connection with the preparation of the application prior to the submission. At this conference, the following information and data shall be considered. 1. The boundaries of the property 2. Existing easements and covenants affecting the property 3. Physical characteristics such as drainage,topography, vegetation and existing structures. 4. Development characteristics such as surrounding land uses, existing streets and availability of utilities. 5. Elements of the proposed layout such as land uses,open spaces,community facilities,densities, traffic flow and estimated impact on traffic and adjacent land uses. B. Development plan submittal No less than 20 days prior to the Planning Commission meeting at which the proposed Planned Development is to be reviewed,the applicant shall submit ten (10) copies of the proposed development plan to City staff. The submittal shall include the following as a minimum. 1. A development plan drawn to scale on vellum accompanied by an electronic version of the same in a format compatible with AutoCad® in the version required by the city. Survey information shall be prepared by a Professional surveyor. Drainage and utility calculations shall be prepared by a Professional Engineer. The professional stamps of the individuals responsible for the various elements shall be indicated on the drawing. 2. Name of developer 3. Narne and address of owner 4. Proposed land uses and percentage of land devoted to each 5. Building footprints for the individual buildings to be included in the PD except buildings on lots designated as single-family residential or duplex lots. 6. Topographic contours at two(2)foot intervals 7. All easements existing or proposed. 8. Street rights-of-way and street names 9. All drives, access-ways, alleys, parking lots and any streets proposed to be dedicated. 10. Proposed landscaping 11. Open space and community facilities, if any, proposed as part of the PD 12. Names of the owners of adjacent properties 13. Zoning classifications of adjoining properties 14. Construction drawings as necessary to support the proposals 01.1dined in the development plan. 15. Exterior lighting and speakers 14.09.03. Regulations The regulations for PD are as follows: A. Residential Lot Size: No minimum lot sizes are established, so the housing can be clustered or otherwise concentrated or arranged in planned locations on the site to take advantage of its natural features. B. Open Space Reservation: In any Planned Development,the amount of land not used by buildings, accessory structures, and yards but required by the zoning of the site,shall be maintained open space for the purpose of providing parks, recreational facilities,ways for pedestrian movement and circulation,while conserving visually pleasing elements of the environment. Prior to the sale of any lot,site, home or other structure a bond of sufficient surety determined by the City Engineer shall be posted with the City for completion of said open space improvements prior to such sale. The development plan shall clearly depict the amount of land to be maintained as permanent open space. C. Development Density: The development plan shall clearly depict the proposed density by land use category. D. Property Owners'Association: As part of the plan proposed for any Planned Development,the developer shall submit a set of covenants running with the land providing for an automatic membership in the Property Owners'Association,to be incorporated as a nonprofit organization, operating under recorded land agreements,through which each property owner in the Planned. Development is automatically subject to a charge for an appropriate proportionate share of the expenses for maintaining the common property, open space and/or other activities of the Association. Once established,the covenants shall continue and remain in force daring the entire existence of the Planned Development. E. Responsibility for Open Space: Nothing in this Section of the Code shall be construed as a responsibility of the City of Batesville,either for maintenance or liability of the following,which shall include but not be limited to: any private open areas, parks, recreational facilities. A hold- harmless clause shall be incorporated in the covenants running with the land to this effect. It shall be provided further, however,that when an owner of a Planned Development desires to dedicate certain land areas to the City for public parks and recreational facilities, and the City approves the nature and location of such lands,and accepts the dedicated areas,the City shal I be responsible for the operation and maintenance of these lands and properties. F. Common Open Spaces: The size, shape,dimension and location of the common open spaces shall be determined by the Planning Commission in conjunction with the developer or subdivider with consideration being given to the size and extent of the proposed development and the physical characteristics of the land being developed. Consideration should also be given in providing parks, recreational facilities, both active and passive, and pedestrian walkways. Common open space shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvement running with the land for the benefit of the residents of the Planned Development. The developer shall file,at the time the approved final plat is filed, legal docurnents that will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common open spaces for the designated purpose. G. Landscaping Plan: In order to minimize the disturbance of the natural environment,a general landscaping plan shall be required at the time of development plan submission showing the spacing, sizes,and specific types of landscaping material. The Planning Commission shall review the landscaping plan in conjunction with the review of the development plan. The preservation of the natural amenities within the Planned Development shall be given due consideration which shall include topography,trees,and ground cover, natural bodies of water,and other significant natural features. Existing trees shall be preserved wherever possible. The location of trees shall be considered when planning the common open space, location of buildings, underground services,walks, paved areas, playgrounds, parking areas, and finished grade levels. The Planning Commission shall inquire into the means whereby trees and other natural features will be protected during construction. Excessive site clearing of top soil,trees and natural features before the commencement of building operations shall be discouraged by the Planning Commission. H. Transportation: The vehicular circulation system shall be designed so as to permit smooth traffic flow with minimum hazards to pedestrian traffic Minor streets within Planned Development shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.The design of collector or arterial streets shall conform to the city's Master Street Plan and shall not be interrupted by gates. The pedestrian circulation system and its related walkways shall be insulated as reasonably as possible from the vehicular movement.This shall include,when deemed to be necessary by the Planning Commission, pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas, and other neighborhood uses that generate a considerable amount of pedestrian traffic. I. Land Subdivision: In the construction and installation of all subdivision improvements in the Planned Development, said improvements shall conform to all requirements and standards as set forth in the City's Subdivision Regulations, unless exceptions to the requirements are specifically approved by the Planning Commission and the by the City Council as part ofthe PD design. In the future, should the owners of a PD request that the private streets be changed to public streets, the owners do fully agree that, before the acceptance of such streets by the City,the owners will bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable to public streets, prior to dedication and acceptance. The owners also shall agree that these streets shall be dedicated to public use without compensation to the owners. 14.09.04. Review Process The Planning Commission shall review the proposed PD after proper submittal of all documents and review by the City staff. The following criteria will govern the approval or disapproval of the PD application by the Planning Commission. A. The PD shall provide public benefits that would not be achievable through the normal zoning regulations B. The PD shall maintain the same or higher level of service(LOS)for the surrounding traffic system. C. The PD shall conform in size, shape,and bulk to those in surrounding developments. The Planning Commission may make exceptions when adequate buffering is included with the PD to shield adjoining uses from the adverse effects of higher land use intensities. The Planning Commission may also make exceptions when the PD clearly represents a transitional development between developments or neighborhoods of differing densities or intensities of use. D. The PD shall be compatible with the adopted plans and policies of the city, including the Master Street Plan. If the PD is not consistent with any of such plans or policies,the application must include with the PD submittal a request to amend such plans or policies. E. The PD shall be designed in such a manner as to protect the public health, welfare and safety of the residents of the neighborhood in which it is located. F. The PD must be of a character and contain such uses that are needed in the area of the proposed project. G. Approval of a PD cannot result in the violation of regulations in the Arkansas Fire Prevention Code or in regulations issued by the Arkansas Health Department. Approval of the PD cannot result in the reduction of standard engineering practices or in the drainage or water quality requirements of the city. 14.09.05. City Council Approval Planned Developments represent zoning districts and must be approved by the City Council. However, the development shall be in accordance with the approved development plan.The Planning Commission must approve any contemplated deviation from the approved development plan except as specified in Section 14.09.06. Upon approval by the Planning Commission,all recommendations shall be submitted to the Batesville City Council for approval. The Batesville City Council has the authority to require reasonable plan changes for the Planned Development as a prerequisite to approval. Any dedications of streets or easements to the city must be included in the ordinance approving the PD. Failure to begin work on an approved PD within one year of the date of approval shall cause the PD approval to be rescinded and the property shall revert to the zoning classification that existed prior to the PD approval. 14.09.06 Amendments Following City Council approval,the staff may approve minor revisions to the site plan if.- A. fA. No changes are made to either the access or the egress to the PD. B. Any changes to internal traffic arteries do not alter overall traffic patterns, size of streets,or functional classification of streets. D. No new streets are proposed for dedication. E. No new private streets are proposed. F. Overall residential density is not increased. G. Overall drainage patterns are not altered. H. No additional loads are placed on municipal utilities. I. Retail and office space is not increased by more than five percent. J. No open space is dedicated for public maintenance. IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this JO�, day of 2017. APPROVED: RICK ELU AYOR ATTEST. DENISE JOHNSTO LE�RK APPROVED AS TO LEGAL FORM: Timothy Meitzen,City Attorney