ORD NO 29-2022 t
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CITY OF VAN BUREN,ARKANSAS
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ORDINANCE NO. a 9 -2022 !
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 07-1963 (AS AMENDED) FOR
THE PURPOSE OF INCLUDING PROVISIONS FOR PLANNEDI ZONING
DISTRICTS IN THE VAN BUREN ZONING ORDINANCE
WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van
Buren, providing definitions, general provision; provisions governing zoning
districts, exceptions and modifications, enforcement, and a Board of Adjustment,
as allowed by A.C.A. 14-56-401 et. seq.; and
WHEREAS, it has been determined by the City Council that there is a need to add provisions for
planned zoning district standards to allow for flexible zoning of property; and
WHEREAS, notice of a Public Hearing was duly published,and Public Hearings were conducted
by the Van Buren Planning Commission on May 3,2022,June 7,2022,I and July 5,
2022,to consider these proposed amendments; and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission; and
WHEREAS, three (3) copies of the July 2022 Zoning Ordinance Amendments for the addition
of planned zoning district standards, have been on file in the Office of the City
Clerk of Van Buren for inspection and review by the public prior to the passage of
this Ordinance; and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS THAT:
SECTION I' The July 2022 Zoning Ordinance Amendments for the addition of planning zoning
district standards,which are attached as exhibit"A", are hereby adopted.
SECTION 2: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein,is declared to be unconstitutional,inappropriate,or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared
to be severable.
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IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did
pass, approve, and adopt,by a vote of Ll for and O against,the foregoing Ordinance at its
regular meeting held on the 25th day of July 2022.
Josep P. urst
Mayor
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ATTESTED: APPROVED AS TO FORM:
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Ph lhs Thomas aco Howell
City Clerk/Treasurer City Attorney
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JULY 2022 ZONING ORDINANCE
AMENDMENTS
ENTS
G
THE ADDITION OF PLANNED
ZONING DISTRICT STANDARDS TO
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ORDINANCE 7- 1963
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ARTICLE V.
SECTION 11. Planned Zoning District I 3
1. The process is deemed necessary to ensure control of certain development while providing the
applicant a means of gaining commitment without undue financial risk. Specifically, the purposes
of this article are to encourage:
A. Comprehensive and innovative planning and design of diversified yet harmonious
development consistent with the City's master plans. 1
B. Better utilization of sites characterized by special features of geographic location, s
topography, size, or shape.
C. Flexible administration of general performance standards and development guidelines. d
D. Primary emphasis shall be placed upon achieving compatibility between the, proposed }
development and surrounding areas to preserve and enhance the neighborhood through the 3
use of enhanced site design, architecture, landscaping, and signage.
E. Developments that utilize design standards greater than the minimum required by the Van
Buren codes, ordinances, and standards.
2. Submission requirements.An application which specifies the information to be submitted in support of s
a planned zoning district is required.This shall include at a minimum:
A. Pre-application conference with the Planning Director. 3
B. Application fee.
C. A project booklet, submitted graphically and in narrative form, addressing as many items as
applicable. In no instance shall the design requirements and development standards be less than
those found in the Van Buren codes, standards, and ordinances.
a. Reason (need) for requesting the zoning change and response to how the proposal fulfills
the intent/purpose of the planned zoning district.
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b. Current ownership information (landowner/applicant and representative of applicable) and
any proposed or pending property sales.
c. Comprehensive description of the scope, nature, and intent of the proposal.
d. General project concept:
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i. Street and lot layout.
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ii. Site plan showing proposed improvements.
iii. Buffer areas, screening, and landscaping.
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iv. Stormwater detention areas and drainage.
v. Undisturbed natural areas.
vi. Existing and proposed utility connections and extensions.
vii. Development and architectural design standards.
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viii. Building elevations.
ix. Proposed signage(type and size). i
e. Proposed development phasing and timeframe.
f. Identify land use designations.
g. Identify area and bulk regulations.
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h. A chart comparing the proposed planned zoning district to the current zoning district
requirements (land uses, setbacks, density, height, intensity, bulk, and area regulations, #
etc.). ¢
i. A chart comparing the proposed land uses and the zoning district where such land uses are
permitted.
j. A chart articulating how the project exceeds the City's minimum requirements(e.g.l increased
landscaping, increased high quality materials on the facade, etc.).
k. Statement of how the development will relate to existing and surrounding properties in terms
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of land use, traffic, appearance, height, and signage.
I. A traffic study when required by the planning department or planning commission;
M. Statement of availability of water and sewer(state size of lines). i
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o. A statement and map showing how the development complies with the Master Land Use
Plan map and the Master Street Plan.
3.. Application and review procedures.
A. Determination of completeness. Applications shall be submitted to the planning director for a
determination of completeness. An application is complete when all the items required by this
Ordinance and on the application, form are prepared and/or answered, and any required a
supplemental or additional applications are submitted with the appropriate fee to the planning
department. ;.
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B. Notice and public hearing. Following completion of staff review,the application shall be scheduled
for a public hearing before the planning commission.
1. Notice shall be provided, published, mailed, and posted pursuant to the requirements of
Article IX of the Zoning Ordinance.
C. Factors to be considered.
1. Rezoning application. Approval, approval as amended, or denial of the rezoning)application
shall be based upon consideration of the following factors:
a. Compatibility with the master land use plan and master street plan. j
b. Compatibility of the proposed development with the character of the neighborhood.
c. The zoning and uses of adjacent and nearby properties, and the compatibility of the
proposed future uses with those existing uses. I
d. The extent to which the proposed land use would increase or change traffic volume or 1
parking demand in documented evidence or engineering data, road conditions, road i
safety, or create parking problems in combination with any improvements that would
mitigate these adverse impacts. i
e. The current availability of public utilities and services and the future capacity needed to 3
adequately serve the proposed land use in combination with any improvements that
would mitigate these adverse impacts. , I
f. That the application complies with all relevant Van Buren codes, ordinances, and
standards. 1
2. Project booklet.The following criteria shall be considered when reviewing the pr i ject booklet:
a. Is the site capable of accommodating the buildings, parking areas and drives with the
appropriate open space provided?
b. Does the plan provide for safe and easy ingress, egress,and internal traffic circulation? I
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C. Is the plan consistent with good land use planning and site engineering design
principles, particularly with respect to safety? !
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d. Are the architectural designs consistent with the city policies and regulations and I
compatible with surrounding land use features?
e. Does the plan represent an overall development pattern that is consistent with the f
master street plan, master land use plan, and other adopted planning policies? fi
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f. The required right-of-way dedication has been identified by the city,engineers 1 g/planning )
department.
g. All easements and utilities shall meet the requirements of the approving departments
and agencies. f I
h. Articulate how the plan minimizes or mitigates the impact of increased traffic both in
volume and vehicle size.
i. Articulate how the plan exceeds the minimum City requirements (e.g.j increased
landscaping, increased high quality materials, etc.). I 3
4. Planning commission action. Following the public hearing, the planning commission may
recommend approval, approval as amended, or denial. The planning commission may also
continue the application to a date certain. I
a. The planning commission shall certify recommendations of approval or approval as
amended to the City Council for further procedure in conformity with A.C.A.'title 14, ch. L
56, subch.4 (A.C.A. § 14-56-401 et seq.).
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b. The planning commission may impose a time limit for the development as described in
the project booklet.
5. Appeal.Appeals from the decisions of the planning commission shall be in accordance with Article
IX of the Zoning Ordinance.
6. Re-application. A re-application must follow the requirements of Article IX of the Zoning
Ordinance.
7. Amendments to the planned zoning district plans. Once a PZD has been approved, significant
changes may be made only after approval of a revised PZD. This requires resubmittal of the
application through the same procedural requirements of the original application. Changes that
are not considered significant may be approved at the planning director's discretion. Disapproval
of the changes may be appealed to the planning commission.
a. Criteria. For the purposes of this section, significant changes shall be determined by the
planning director. The term "significant changes" means any of the following, provided they are
still within the approved standards of the applicable zoning district:
1. Increases in density or intensity of residential uses by more than five percent.
2. Increases in total floor area (entire plan) of all nonresidential buildings by more than five
percent or 5,000 square feet, whichever is less.
3. Increases of lot coverage by more than five percent.
4. Changes to the architectural style that shall make the project inconsistent with previous
approvals.
5. Changes in ownership patterns or stages of construction that shall lead to a different
development concept.
6. Changes in ownership patterns or stages of construction that shall impose substantially
greater volumes on streets and load capacities on public facilities.
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7. Decrease of more than five percent in areas devoted to open space or the substantial
relocation of such areas.
8. Changes in traffic circulation patterns that will affect traffic outside of the project boundaries.
9. Modification or removal of conditions and stipulations to the planned zoning district approval. s
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b. Approval. Any changes that seek to vary the standards of the applicable district and cannot
be approved through this subsection, must either be approved by the planning commission
through a planned zoning district rezoning application or through a variance request to the board
of zoning adjustment. z
c. Appeal.Appeal of the director's determination of whether changes are significant may be taken
to the planning commission, whose decision shall be final. No further action shall be taken to
process the application pending the planning commission's determination. d
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ulty Uf v an inuren, Arkmsas
In a, 0 Is A
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Mumcip a- 1 Amex I
111 North 12' Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: PLANNED ZONING DISTRICT STANDARDS
DATE: JULY 15,2022
The Planning Commission and staff have been discussing the need to have provisions for,planned
zoning district standards in the City of Van Buren zoning ordinance.As a result of those
conversations and a series of public hearings,the Planning Commission has approved and
recommended amendments for the City Council's review.
The proposed planned zoning district or PZD will allow for flexible zoning of properties J The PZD
will allow for enhanced development characteristics not currently included in the City's standards
and will help to mitigate impacts on a street corridor or a neighborhood.
A PZD zoning establishes or creates a special or planned zoning district for a development that may
not fit one of our conventional zoning districts.A PZD include provisions that can enhance a
development by including special design characteristics that include items such as the following:
• Building height(require maximum heights,e.g., 1 story only)
• Building setbacks (more than the minimum)
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• Land Uses permitted on the property(example: allow a restaurant but not auto
repair)
• Landscaping(require more than minimum requirements) I
• Building design standards (require more than minimum requirements) I
• Buffering/Screening(require more than minimum requirements)
• Require a specific development/ site plan to be approved
Planned Zoning Districts are an option when conventional district regulations do not work for a
neighborhood or a corridor.Planned Zoned districts are used in many Arkansas cities as�a means of
providing flexibility and enhancing development.
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Please contact me if you have any questions. +
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