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ORDINANCE NO. 1400 ( #05 - 2010)
AN ORDINANCE CREATING 1MC § 18.18 (PLANNED UNIT
DEVELOPMENTS); DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS, recent need for modification of Jacksonville's existing zoning ordinances
and provisions has arisen to allow for an opportunity to aid in the development of
property with greater flexibility and possibility of enhancement and mixed uses to specific
site needs, environmental needs, and provide greater efficiency in real estate
developments of all types. As a result of these special circumstances and as a means of
meeting these public needs, the Jacksonville Planning Commission believes there is a
basis for implementation of a new planning zoning provision for the City of Jacksonville
being used by many American communities known as Planned Unit Developments (PUDs).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THAT:
11 111 SECTION ONE: Jacksonville Municipal Code § 18.18. (Planned Unit
Developments) shall be created to read and include as follows:
Jacksonville Municipal Code § 18.18.010 (Purpose). It shall be the purpose of a
Planned Unit Development (PUD) zone to promote encouragement, flexibility, and
innovation in design of medium to large scale developments and the development of
vacant, in -fill parcels in developed portions of the City. A Planned Unit Development
(PUD) is a description that provides wider latitude and flexibility of design and uses to
achieve the goals stated above, acting as a combination of zoning designation and site
plan. Such a designation shall deliver exceptional quality community designs that
preserve critical environmental resources, provide above - average open space amenities,
incorporate compatibility with surrounding land uses and neighborhood characteristics,
and provide greater efficiency in the layout, property uses, and provisions of roads,
utilities, and other infrastructure. However, use of a PUD designation may not be used
solely as a method of avoidance of more restrictive zoning regulations and provisions.
SECTION TWO: Jacksonville Municipal Code § 18.18.020 (Standards)
shall be created to read and include as follows:
Jacksonville Municipal Code § 18.18.020 (Standards).
A) Comp /lance with the C/ ty' s Comprehensive Development Use and Land Use
Plans Any Planned Unit Development (PUD) must meet the spirit and
intent of the City's approved Comprehensive Development Use and Land
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Ordinance No. 1400 ( #05 - 2010)
Page Two
Use Plans. Significant departure of such must be preceded by a request to
amend one (1) and /or both Plans;
8) Ownership. The site of the Planned Unit Development must be
under single ownership of an entity, individual, or group;
C) Compatibility. The uses permitted in a Planned Unit Development
must be of a type and so located as to exercise no undue detrimental
influence upon any surrounding properties. This will require factual
determination(s) that the PUD meets the Review Standards identified
herein;
D) Need. The Planning Commission shall consider a Planned Unit
Development proposal only after determination that, at a minimum, one (1)
of the following threshold criteria is met:
1) The PUD will allow the development of an in -fill parcel in a
developed portion of the City that could not be made productive
under normal zoning regulations;
2) The PUD would further the City's goal of providing housing for all
economic segments of the City and its Planning Area;
3) The PUD involves a parcel in which flexibility would allow high
quality or innovative urban design not possible under existing zoning
regulations;
4) The PUD would aid in the elimination of blight within the City and its
Planning Area; and /or,
5) The PUD design results in a minimum of Twenty Percent (20 %) of
the total development being reserved as permanent open space.
E) Size. There will be no minimum size requirement for a PUD
submittal. However, the Planning Commission shall consider requests for
PUD developments on sites less than One (1) acre only in cases where a
clear public interest is addressed and where the proposal meets a specific
requirement of the Comprehensive Development Use and /or Land Use
Plans;
F) Concurrency. The Planning Commission shall consider a PUD request
only after determining that adequate public and private utilities are
available to the site or can be extended to provide such (after approval) at
I } Applicant's expense; and /or,
G) Site Plan. Submission of a detailed Site Plan satisfying the
requirements herein will precede consideration of any PUD proposal. 0
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Ordinance No. 1400 ( #05 - 2010)
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approved, property development must follow the approved Site Plan
exact/v. Failure in this respect will result in automatic reversion of the
property to its previous zoning classification.
SECTION THREE: Jacksonville Municipal Code § 18.18.030 ( Applicadon and
Process) shall be created to read and include as follows:
Jacksonville Municipal Code if 18.18.030 (Application and Process).
Any Applicant for a PUD permit shall be the owner(s) of the property or the party
designated to act as agent for said owner(s). The Applicant shall:
A) Pre - App /icadon Conference. Each prospective Applicant shall confer
with the City's Engineering staff in connection with the preparation of the application prior
to the formal submission of such. A determination shall be made at that time if the
proposed PUD would generally meet the standards outlined herein, with but not limited
I to, the following information and data considered:
J 1) Boundaries of the property;
2) Existing easements and covenants affecting the property;
3) Physical characteristics such as drainage, topography, vegetation,
and existing structures affecting the property;
4) Development characteristics such as surrounding land uses, existing
streets and rights of way, and availability of utilities; and,
5) Elements of the proposed Plan layout such as land uses, open
spaces, community facilities, densities, traffic flow, and estimated
impact on traffic and adjacent land uses.
8) Sketch Plat Submission. Each prospective Applicant may also elect,
though not required, to present a Sketch Plat of the proposed PUD to the Planning
Commission for review, thoughts, and /or approval. Submission of a PUD Sketch Plat is
strictly to receive comments, suggestions, and thoughts regarding potential issues,
problems, or deficiencies. Any Applicant understands and agrees that concurrence with
the proposed Sketch Plat by the Planning Commission does not imply approval in any way
of the Site Plan(s) submission.
C) Site Plan Submission. No less than Thirty (30) days prior to the
Planning Commission meeting at which a proposed Planned Unit Development is to be
reviewed, Applicant shall submit the proposed Site Plan to City Engineering Staff. Any
such submission shall include, but not be limited to, the following:
1) Site Plan drawn to scale, with survey information prepared and
provided by a Professional Surveyor (P.S.) and drainage and utility
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i) Ordinance No. 1400 ( #05 - 2010)
Page Four
calculations provided and prepared by a Professional Engineer (P.E.).
The stamps of said professionals responsible for the various
elements shall be affixed on the drawing;
2) Building footprints for the individual buildings, structures, and
improvements to be included in the PUD;
3) Topographic contours at Two foot (2') intervals;
4) All easements, existing and /or proposed;
5) All ingress /egress access, alleys, and drives, parking lots, and any
streets or rights of way proposed to be dedicated;
6) Landscaping proposals in concurrence with JMC § 16.20;
7) Open space and community facilities, if any, proposed as part of the
PUD;
8) Location of all existing and proposed private and public utilities;
i I 9) Name(s) of the owner(s) of the proposed project and their agent(s),
if applicable;
10) Zoning classifications of the proposed PUD, the affected acreage(s),
and zoning classifications of adjoining /adjacent property(ies); and,
11) Site improvement drawings as necessary to support proposals
outlined in the Site Plan.
SECTION FOUR: Jacksonville Municipal Code § 18.18.040 (Permitted Uses)
shall be created to read and include as follows:
Jacksonville Muniapa/ Code § 18.18.040 (Permitted Uses).
The PUD submission will include a listing of the proposed land uses and the specific
amounts of land devoted or affected by each zoning dassification(s) or land uses
proposed. No other land uses will be allowed unless the property under consideration is
rezoned through the appropriate process by the City Council as authorized under
Arkansas law.
SECTION FIVE: Jacksonville Municipal Code § 18.18.050 (Design Regulations)
shall be created to read and include as follows:
Jacksonvil /e Municipal Code § 18.18.050 (Design Regulations).
A. Lot Size and Density. While no minimum district sizes are established,
PUD developments cannot exceed density development limitations as outlined under the
existing zoning provisions of this Code. In no circumstance shall there be more than
Eight (8) residential units per acre unless said development includes multi - family, multi-
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story housing, at which time a final determination will be made for density of
development given factors such as, but not limited to, site analysis, topography, drainage
issues and requirements, the amount, location, and proposed use of common open space
in the PUD, the physical characteristics of the site, the location, design, usage, and type
of housing unit(s), and provisions for buffering and /or green space(s) surrounding or
included in the planned development. In commercial and industrial PUDs, density
limitations not specifically provided under the City's zoning provisions shall be determined
by the Planning Commission by a review of the above factors in relation to the proposed
PUD.
In no circumstances shall there be a variance provided to allow for density
development in excess of Ten Percent (10 %) of that amount authorized under applicable
zoning provisions;
B. Property Owners'Association. A PUD developer shall submit a set of
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covenants running with the land that provide for an automatic membership in the
Property Owners' Association, which will be incorporated as a non - profit organization and
shall operate under recorded land agreements designed and intended to exist In
perpetuity, through which each property owner in the proposed PUD is automatically
subject to a charge for an appropriate proportionate share of the expenses to maintain
the common property, open spaces, and /or other activities of the PUD's Association.
Once established, the covenants shall continue and remain in force during the entire
existence of the PUD;
C. Open Space Reservation. Land not used by building(s),
improvement(s), accessory structure(s), and yard(s) but are part of the PUD shall be
maintained as Open Space for the purpose of providing park(s), recreational facilities,
sidewalk(s), and conservation of visually pleasing elements of the property's natural
environment. Prior to the sale of any lot(s), site(s), home(s), or other structure(s), a
performance guarantee of sufficient surety as determined by the City shall be posted with
the City for completion of said Open Space improvement(s) not yet completed. The Site
Plan shall clearly depict the amount of land to be maintained as permanent Open Space;
D. Responsibility for Open Space(s). Nothing in this Ordinance shall be
construed as assigning or assuming any responsibility or liability on the part of the City for
maintenance of any private Open Space(s), park(s), or recreational facility(ies) within a
PUD. A Hold Harmless Clause shall be incorporated in the covenants running with the
land to this effect. It shall be further provided, however, that when owner(s) of a PUD
desire to dedicate certain land(s) to the City for public parks and recreational facilities
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Ordinance No. 1400 ( #05 - 2010)
Page Six
and the City accepts such dedicated area(s), the City shall be responsible for the
operation and maintenance of said land(s) and improvement(s) so accepted thereon;
E. Common Open Spaces. The size, shape, dimension, and location of the
common Open Space(s) shall be considered by the Planning Commission with
consideration being given to the size and extent of the proposed PUD and the physical
characteristics of the land being developed. Consideration should also be given in
providing park(s), recreational facility(ies), both active and passive, and pedestrian
walkway(s);
Common Open Space(s) shall be guaranteed by a restrictive covenant, describing
the Open Space, all applicable restrictions, together with its maintenance and
improvement responsibility(ies), all of which shall run with the land for the benefit of the
residents of the PUD. Upon filing the final Site Plan, legal documents that will produce
such guarantees and covenants will be filed of record with the Pulaski County Circuit
1 Clerk's Office, Real Estate Division, and a file marked copy provided to the City Engineers'
office;
F. Preservation and Landscape Plans. In order to minimize the
disturbance of the natural environment, a general preservation plan and Landscape Plan
shall be required at the time of filing of a Preliminary Plat for the PUD. Said Plan(s) shall
show the specific type, size, and nature of the preservation area, the landscaping plans
for the specific PUD, and the Planning Commission shall review said Preservation and
Landscape Plans in conjunction with review of the Site Plan.
The preservation of the natural amenities within the PUD, including topography,
trees, ground cover, natural bodies of water, and other significant natural features, shall
be given due consideration in the overall development. Existing trees shall be preserved
wherever possible, location of trees shall be considered when planning the common Open
Space of the PUD, and location of building(s), improvement(s), and underground services,
walks, paved areas, playground(s), parking area(s), finished grade level(s), and all other
applicable provisions of the Landscape Development Code (MC f 16.20) shall also be
addressed and satisfied. Excessive site clearance of topsoil, trees, and natural features
before the commencement of building operations shall be discouraged by the Planning
Commission, and all Applicant(s) shall provide evidence to Staff and the Commission as to
how these objectives will be met;
G. Transportation. The vehicular circulation system shall be designed so as
to permit smooth traffic flow with minimum hazards to pedestrian traffic. Minor street(s)
within the PUD shall not be connected to streets outside the PUD in such a way as to
encourage their use by through traffic;
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Ordinance No. 1400 ( #05 - 2010)
Page Seven
H. Land Subdivision. In the construction and installation of all subdivision
improvements in the PUD, said improvements shall conform to all requirements and
standards as set forth in the City's subdivision regulations PVC 17., eta /.) unless
exception to the requirements is recommended and approved by the Planning
Commission.
If the owner(s) in the future should request that any private street(s) be changed
to City street(s), said owner(s) shall bear the full expense of reconstruction or any other
modification necessary to bring said street(s) into full compliance applicable to City public
streets prior to any such dedication and acceptance. The owner(s) shall also agree that
these street(s) shall be dedicated to public use without compensation to the owner(s);
and,
L Supercession. Provisions contained herein do not supercede any state
or federal code or regulation, including the Arkansas Fire Code, and the Planning
Commission nor the Board of Adjustment is empowered to grant any variance or waiver of
J such state or federal code or regulation unless specifically empowered to do so in
applicable enabling legislation.
SECTION SIX: Jacksonville Municipal Code if 18.18.060 (Review Process)
shall be created to read and include as follows:
Jacksonville Municipal Code § 18.18.060 (Review Process).
The Planning Commission shall review the proposed PUD after proper submission
of all required documents and timely review of such by and through the City Engineering
Staff. In reviewing any such submitted proposal, the Planning Commission shall
determine that the PUD will, at a minimum, meet One (1) or more of the following:
A. Provide public beneflt(s) that would not otherwise be achievable through
compliance with applicable normal zoning regulations;
B. Be consistent with the City's Comprehensive Development and Land Use
Plans and begin development within the agreed upon timeframe;
C. Not endanger the public health, safety, welfare, and /or benefit;
D. Be of such a character and contain such use(s) that are needed within both
the community and the area of the proposed project;
E. Shall not interfere with existing traffic flow In the vicinity and will not lower
the level of traffic service(s) on any adjacent street(s);
F. Traffic generation characteristics of proposed PUD use(s) shall be similar to
those of use(s) currently existing in the affected area;
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G. Shall not represent such a departure in design and intensity of use as to
adversely impact the value of adjacent and nearby property(ies); and,
H. Allow the building(s) and improvement(s) within the proposed PUD to
maintain similar size and density characteristics as those currently existing
in the affected area(s).
SECTION SEVEN: Jacksonville Municipal Code § 18.18.070 (Council Approval)
shall be created to read and include as follows:
Jacksonville Municipal Code 18.18.7 Council Approval).
pa § 0 0 (
A. Planned Unit Developments represent zoning districts and shall follow the
same amendment procedures as other such zoning districts. PUDs are to
be utilized as a "floating zone ", to serve areas that will not be pre -
designated as planned development districts but rather that each such
I designation shall result from a specific and separate application for such
potential use(s) and amendment(s). Unless otherwise stated in this Code,
development standard(s) and land use(s) presented herein or to be
amended with the application of such a development shall, if approved,
become the standards for the subject property(ies) and shall become a part
of the zoning regulations, the Comprehensive Development Plan, and the
Land Use Plan; and,
B. All further development of the property(ies) shall conform to the standards
adopted for the particular site, regardless of any change in ownership.
Approval of the PUD shall run with the land and shall apply to successor
owner(s). Any proposed changes to the approved standards shall be
treated as amendments to the zoning regulations and must be considered
in accordance with the procedures set forth in the applicable Code
provisions.
SECTION EIGHT: Jacksonville Municipal Code § 18.18.080 (Amendments) shall
be created to read and include as follows:
Jacksonville Municipal Code § 18.18.080 (Amendments).
Once Planning Commission and City Council approval have been provided, City
Staff may approve minor revisions to the Site Plan if:
A. No proposed change(s) are made to either the ingress /egress of the PUD;
B. Any such change(s) to internal traffic arteries do not alter the overall traffic
11 J patterns, street(s) size, or functional classification of said street(s);
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Ordinance Na 1400 ( #05 - 2010)
Page Nine
C. No new street(s), public or private, are proposed for use or dedication;
D. Overall residential /commercial density is not increased;
E. Overall drainage patterns are not significantly altered;
F. No additional loads are placed on municipal utility service(s);
G. Retail and Commercial Office space is /are not increased by more than Five
Percent (5 %); and,
H. No Open Space is dedicated for public maintenance.
If disagreement about the administration of the above or if Staff is unsure of the
extent of authority granted, Staff shall submit the proposed revisions to the Planning
Commission for consideration.
SECTION NINE: All Ordinances or parts thereof in conflict herewith are hereby
repealed to the extent of said conflict. As well, any part hereof declared to be invalid for
whatever reason, no other part(s) not specifically addressed shall be affected thereby.
SECTION TEN: This Ordinance, necessary for the improvement of public
planning and the health, safety, and welfare of the citizens of Jacksonville, should be
implemented immediately. Therefore, an emergency is hereby declared, and this
Ordinance shall be in force and effect from and after its date of passage.
APPROVED AND ADOPTED THIS 18 DAY OF FEBRUARY, 2010.
CITYO.EIACKSONVILLE, AR SAS
-44"i ftb.4_ 4_
MAYOR e "Y LET' HE'
APP'O D 5TOPiR
, C t A AN b
SUSAN DA w , C CLERK ROBE' T E. BA BURG,l