Council Considers New Zone For Mixed Use

FARMINGTON — City Council members placed an ordinance on first reading Monday to add a new zoning designation that allows mixed use on undeveloped property.

The vote was 5-2, with council members Bobby Morgan and Shelly Parsley voting against the motion to place the ordinance on first reading, which means the ordinance will be on the council’s September agenda. Member Abigail Spinks was absent.

The ordinance would amend the city’s zoning regulations to add a Planned Unit Development zoning district to provide for developments that may incorporate residential, commercial and other uses as a single unit.

City Attorney Steve Tennant explained that the Planning Commission has worked on the ordinance for three to four months.

Basically, Tennant said, the city and developer will have an agreement on how the land will be used and once this agreement is finalized and approved by the Planning Commission and City Council, it cannot be changed by the developer or any future owners of the property.

“The idea is that the whole plan comes to the Planning Commission at the very beginning,” Melissa McCarville, city business manager, told council members.

A developer in requesting land to be rezoned to a PUD must submit the request and the design plans at the same time to the Planning Commission.

McCarville said the difference between a PUD zone and other city zones is allowing mixed use in a development presented to the city. A developer could propose single family and multi-family as part of the development or it might be single family and commercial or multi-family and commercial.

“Mixed use is the big thing,” McCarville said.

She added, though, that a developer requesting to rezone property to a PUD zone has a lot of upfront

work so someone who plans to only build single-family homes would not seek a PUD zone.

According to the ordinance, the minimum area for a PUD zone is four acres. McCarville said a developer could request a PUD zone anywhere in the city.

Council member Keith Lipford said in reading the ordinance and regulations he was unclear on the flexibility allowed by developers in planning a new project. He said he did not want the design plans to say one certain type of house would be built and then the developer comes back and builds another type of house.

McCarville said flexibility means that a developer could put in commercial property and residential property in the same development project.

“There’s no flexibility after it is approved,” McCarville said.

She encouraged council members to drive through Harber Meadows in Springdale. The development was approved as a PUD and has commercial property and residential property with large estates and smaller lots.

Harber Meadows came in as one plan to the city of Springdale about 24 years ago, she said, and has been developed over time.

Mayor Ernie Penn pointed out a PUD will just be one zoning district along with the others in the city, such as R-1, R-2, C-1 and multi-family zones.

Anyone requesting a PUD zone will have to go through the same process as requesting land to be rezoned to one of the other designations, Penn said.

The zoning regulations for a PUD zone are presented in a 12-page document that details general eligibility and phasing requirements for developers requesting land to be rezoned as a PUD district. The regulations state that the proposed use and locations in a PUD must be appropriate to protect, enhance and conform to surrounding land uses.

The PUD application and review process would have three parts: a pre-application conference with city staff, preliminary development plan review and a final plat.

It allows for phasing in a development but requires documents and plans to show the entire ownership of the land and requires the applicant to adhere to an approved development schedule. Each stage has to be self-sufficient and not dependent on later stages.

In other action Monday, the council approved an ordinance to clarify the payment structure for the position of deputy city attorney. Tennant said the original ordinance adopted in July 2018, was not specific and did not describe the position as an independent contractor.

State legislative auditors asked that the ordinance be amended to define the terms of compensation for the position.

The ordinance approved says the position of deputy city attorney will be an independent contractor, not an employee of the city. Compensation is $1,500 per month for an annual compensation of $18,000. The individual is responsible for state and federal taxes and FICA withholdings and will not receive any benefits provided to city employees.

Jay Moore of Farmington currently serves as deputy city attorney.

The council also held a public hearing on a request from Rausch Coleman to vacate a utility and drainage easement between two lots of Highlands Square North on Giles Road. Rausch Coleman wants to adjust the property line between the two lots.

No one spoke at the public hearing. An ordinance to vacate the easement will be on the September agenda.