HomeMy WebLinkAboutpc_01 20 2000LITTLE ROCK PLANNING COMMISSION
PLANNING AND REZONING HEARING
MINUTE RECORD
JANUARY 20,2000
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being nine (9)in number.
II.Approval of the Minutes of the November 11,1999 and
December 2,1999 meetings.The minutes were approved
as presented and corrected.
III.Members Present:Pam AdcockBillRector
Judith Faust
Hugh Earnest
Bob Lowry
Obray Nunnley,Jr.
Herb Hawn
Rohn Muse
Richard Downing
Members Absent:Craig Berry
Mizan Rahman
City Attorney:Cindy Dawson
LITTLE ROCK PLANNING COMMISSION
PLANNING AND REZONING HEARING
AGENDA
JANUARY 20,2000
4:00 P.M.
I.DEFERRED ITEM:
A.Z-6770 Henderson Road R-2 to R-7A and
Site Plan Review
B.Z-6759 Velez Day Care Center C.U.P.(rehearing)
C.LU99-18-03 A Land Use Plan Amendment in the Ellis
Mountain Planning District —Single Family to
Low Density Residential
D.Hyde Park —Short-Form PRD (Z-6789)
II.NEW ITEMS:
1.Z-4544-A 4701 Baseline Road R-2 to C-1
2.Z-6797 12805 I-30 R-2 to I-2
3.Z-6798 1014 Autumn Road R-2 to 0-3
4.Z-5730-A Tomberlin C.D.C.Conditional Use Permit
5.LUOO-16-01 A Land Use Plan Amendment in the Otter
Creek Planning District from Single Family
to Service Trades District for an area
south and west of the Stagecoach and
Baseline Roads intersection
6.Land Alteration and Landscape Ordinance Review Task Force
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january 20,2000
ITEM NO.:A FILE NO.:Z-6770
Owner:Cherri Satterfield
Applicant:C.R.Satterfield,Jr.
Location:West side of Henderson Road,
approximately 1,000 feet south
of Raines Road
Request:Rezone from R-2 to R-7A and
Site Plan Review
Purpose:Placement of a single-wide
manufactured home
Size:5.00 acres
Existing Use:Vacant
SURROUNDING LAND USE AND ZONING
North —Pasture and Single Family;zoned R-2
South —Single Family;zoned R-2
East —Single Family and undeveloped tracts;zoned R-2
West —Undeveloped tracts;zoned R-2
PUBLIC WORKS COMMENTS
1.Dedicate right-of-way to 25 feet from centerline of
existing road.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a CATA bus route.
PUBLIC NOTIFICATION
All owners of property within 200 feet,of the site were
notified of the rezoning request.There is no neighborhood
association within the vicinity of this site.The propertyisoutsideofthecitylimitsandnodatabaseofaddresses
is maintained to notify residents in the area.
.january 20,2000
ITEM NO.:A (Cont.)FILE NO.:Z-6770
LAND USE PLAN ELEMENT
The site is located in the Crystal Valley Planning District.
The adopted Plan recommends Single Family for the site.
R-7A .is a single family zoning district which allows for
placement of one manufactured home or one on-site
constructed dwelling per lot or parcel.The request
conforms to the adopted Plan.No neighborhood action plan
has been done for this area,nor is one proposed in the near
future.
STAFF ANALYSIS
The request before the Commission is to rezone this 5 acretractfrom"R-2"Single Family to "R-7A"Manufactured HomeDistrictandtoapproveasiteplanforplacementofone,single-wide manufactured home on the tract.The site is
vacant and mostly cleared.At one time,there were two
mobile homes on the tract.Those were removed sometime ago
and there are utility hook-ups remaining on the tract.
The property is located outside of the city limits but
within the City's extraterritorial jurisdiction.The
predominant land uses in this rural area are single family
homes on large tracts and large areas of undeveloped,wooded
property.There are several nonconforming mobile homes and
manufactured homes located in the general vicinity includingacrossHendersonRoadtothenortheast.Single family homesarelocatedadjacenttothesouthandacrossHendersonRoadtotheeast.A pasture is adjacent to the north and a
single family home is located beyond that.The propertyadjacenttothewestiswooded.Farther to the south,at
the end of Henderson Road,a Planned Development-Office wasrecentlyapprovedtoallowuseofanexistingsinglefamily
home as an office.
The Land Use Plan recommends single family for this site.
R-7A is a single family zoning district.Staff believes the
zoning request to be compatible with uses and zoning in the
area and to conform to the adopted Land Use Plan.
R-7A zoning requires the submission of a site plan at the
time of the zoning request.The applicant has submitted a
plan showing the placement of one,single-wide,1997 model
manufactured home on the tract.The home measures 16'72',1,152 square feet.The applicant also proposes toconstructatwo-car covered carport and a storage building.
2
january 20,2000
ITEM NO.:A (Cont.)FILE NO.:Z-6770
All proposed structures exceed required setbacks.Placement
of the home must conform to the siting standards established
by Section 36-262(d)(2).
STAFF RECOMMENDATION
Staff recommends approval of the requested R-7A zoning.
Staff also recommends approval of the site plan for
placement of a 1997 model,single-wide,16'
72'anufacturedhomeonthetractsubjecttocompliance with
the following siting criteria established in Section 36-
262 (d)(2)of the Code:
a.A pitched roof of three (3)in twelve (12)or fourteen
(14)degrees or greater.
b.Removal of all transport features.
c.Permanent foundation.
d.Exterior wall finished in a manner compatible with the
neighborhood.
e.Underpinning with permanent materials.
f.Orientation compatible with placement of adjacent
structures.
g.Off-street parking per single-family dwelling
standards.
PLANNING COMMISSION ACTION:(DECEMBER 2,1999)
The applicant was present.There were several objectors
present.Several letters of objection and support had been
received by staff and forwarded to the Commissioners.
Staff presented the rezoning request and site plan and
offered a recommendation of approval as noted in the "Staff
Recommendation"above.At this point in the meeting,there
were only 8 commissioners present.The Chairman offered the
applicant the opportunity to defer the issue.The applicant
agreed to the deferral.It was determined by the Commission
that those persons present in opposition who might not be
3
january 20,2000
ITEM NO.:A (Cont.)FILE NO.:Z-6770
able to return at a later date would be allowed to enter a
statement for the record.
Kay Hicks,of 7407 Henderson Road,stated that she built her
home 21 years ago.She commented that the one mobile home
now existing on the street was an eyesore.Ms.Hicks stated
that site built homes last longer than manufactured homes.
She acknowledged that there were previously two mobile homes
on the lot but said that she did not want any action
approved that would allow the encroachment of more
manufactured homes into the neighborhood.
In response to a question from Commissioner Lowry,Chairman
Earnest stated that he was giving persons the opportunity to
speak at either this meeting or the later meeting to which
the item was being deferred.
The Commission suggested that the deferral might allow the
two parties to get together to discuss the issue.
Ray Hanley,of 7413 Henderson Road,agreed to get together
with the applicant,if he was willing to do so.Mr.Hanley
stated that the property was zoned to allow for site-built
single family homes.
David Powell,of 7322 Henderson Road,stated that he had
nothing against "trailers"but his experiences with mobile
homes had not been good.
Ed Hicks,of 7407 Henderson Road,stated that he would defer
speaking to a later date.
A motion was made to defer the item to the January 20,2000
meeting.The motion was approved by a vote of 8 ayes,
0 noes and 3 absent.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
The applicant was present.One person present filled out a
card in opposition.A petition signed by several persons
opposed to the rezoning had been received by staff and
forwarded to the Commission.Several letters of support had
also been forwarded to the Commission.
Since there were only 8 commissioners present,the applicant
was offered the option of deferring the item.The applicant
4
january 20,2000
ITEM NO.:A (Cont.)FILE NO.:Z-6770
recgxested deferral.A motion was made to defer the item to
the March 2,2000 meeting.The motion was approved by a
vote of 8 ayes,0 noes and 3 absent.
5
january 20,2000
ITEM NO.:B FILE NO:Z-6759
NAME:Velez Day Care Center —Conditional Use
Permit
LOCATION:4600 Eastwood Road
OWNER/APPLICANT:Sam and Julie Velez
PROPOSAL:To obtain a conditional use permit for a
day care center for up to 20 children at
4600 Eastwood Road on property Zoned R-
2,Single Family Residential.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
This site is located at the southwest corner of the
intersection of Vinewood and Eastwood Roads,one block
south of Asher Avenue.
2.COMPATIBILITY WITH NEIGHBORHOOD:
This site is Zoned R-2,Single Family Residential and
contains an existing single family one story house.The
surrounding zoning is also mostly R-2 and contains
single family houses except for the area to the north
directly across Vinewood which is Zoned 0-1,Quiet
Office,and contains a church.
Staff believes that since this site is on the edge of a
residential area and will be a small day care center,
that this use should be compatible with the
neighborhood.
The Westwood Neighborhood Associations was notified of
the Public Hearing.
3.ON SITE DRIVES AND PARKING:
There is an existing driveway from Vinewood on to this
site which will remain the same.Parking for employees
would be provided off site across Vinewood at the
church.The applicant has provided to Staff written
approval from the church for this arrangement.That
January 20,1999
ITEM NO.:B (Cont.)FILE NO.:Z-6759
arrangement would require a variance for 100%off-site
employee parking.The two required drop-off parking
spaces for the children would be provided on-site along
the existing driveway.
4.SCREENING AND BUFFERS:
This site should be screened from the residential
property to the south.This screen would preferably be
a wooden fence with its face side directed outward.
5 .PUBLIC WORKS COMMENTS:
1.Vinewood and Eastwood are commercial collector
streets.Dedicate right-of-way to 30 feet from
centerline.
2.A 20 feet radial dedication of right-of-way is
required at the corner of Vinewood and Eastwood.
3.Provide design of street conforming to "MSP"(Master
Street Plan).Construct one-half street
improvements to these streets including 5-foot
sidewalks with planned development.Extend sidewalk
on Vinewood Road.
4.Repair or replace any curb and gutter or sidewalk
that is damaged in the public right-of-way prior to
occupancy.
5.Plans of all work in right-of-way shall be submitted
for approval prior to start of work.
6.Show parking for employees,customers,and drop-off
area.
6.UTILITY AND FIRE DEPT.COMMENTS:
Water:No objection.
Wastewater:Sewer available,not adversely affected.
Southwestern Bell:No comments received.
ARKLA:Approved as submitted.
Entergy:No comments received.
Fire Department:Approved as submitted.
CATA:Approved as submitted.
2
January 20,1999
ITEM NO.:B (Cont.)FILE NO.:Z-6759
7.STAFF ANALYSIS:
The applicant has requested a conditional use permit
for a 20 child day care center in an existing house at
4600 Eastwood Road.The house is to be used entirely as
a day-care center with no residential use.The
property is Zoned R-2,Single Family Residential,and
is surrounded by R-2 residential zoning and uses on
three sides.To the north across Vinewood exists a
church on property Zoned 0-1,Quiet Office.
The center would operate from 6:00 a.m.to 6:00 p.m.
Monday through Friday.No changes to the exterior of
the existing house would be made.A playground and two
parking spaces along the driveway for drop-off would be
added to the rear yard area,along with a screening
fence along the south property line.Since the houseisn't being changed,no other site plan issues exist.
The only other issue is the normal Public Works
requirements for street improvements and dedication of
right-of-way.The applicant has requested a waiver to
the street improvements mainly because of the expense
compared to the small operation,minimal physical site
changes proposed,and the temporary time intended for
the requested use.Public Works does not support the
waiver.
No signage variance has been requested nor additional
exterior lighting shown.If any exterior lighting is
installed,it must be low intensity and be directed
downward and inward to the property and shielded from
and not directed towards any residential area.
The applicant wants to leave the property as close toit's existing residential nature as possible because
their future plan is to move into a larger facility for
a larger day care center and then use this property as
residential again.The reason for using this in the
interim is the urgent need the applicant sees for day
care capability to serve families who are members of
the church across the street of which the applicant is
also a member.
3
January 20,1999
ITEM NO.:B (Cont.)FILE NO.:Z-6759
The site is located on the edge of the residential
neighborhood so that activity caused by the use,
including traffic,would remain on the outer edge of
the neighborhood.
Staff believes this would be a reasonable use of this
property and in its small capacity it should not
adversely affect the neighborhood.
8 .STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit
subject to compliance with the following conditions:
a.Comply with the City's Screening and Buffer
Ordinances.
b.Comply with Public Works Comments,including
installing two parking spaces as agreed to and
shown on the revised site plan.Right-of-way
dedication must be completed prior to occupancy by
the day care operation.c.All exterior lighting installed must be low
intensity and be directed downward and inward to
the property and shielded from,and not directed
towards,any residential area.
Staff also recommends approval of the variance for 100%off-site employee parking as long as it can remain on the
church property across Vinewood.Staff does not recommend
approval of the waiver of street improvements.
SUBDIVISION COMMITTEE COMMENTS:(OCTOBER 21,1999)
Sam Velez,the owner/applicant,was present representing his
application.Staff gave a brief description of the proposal.
Public Works briefly reviewed their comments.The applicant
had some concerns about those requirements.It was suggested
that further one-on-one discussions take place about those
issues.
Staff also briefly reviewed the screening requirements,and
signage and parking comments to make sure the applicant
understood them.
4
January 20,1999
ITEM NO.:B (Cont.)FILE NO.:Z-6759
The applicant stated that he wished to increase the number
of children to 20 and that he would address the street
improvements and right-of-way issues with Public Works.
There being no further issues,the Committee accepted the
proposal and forwarded the item to the full Commission for
final action.
PLANNING COMMISSION ACTION:(NOVEMBER 11,1999)
Sam Velez was present representing the application.There
were no registered objectors present at the time the item
was presented as part of the Consent Agenda.Staff presented
the item with a recommendation for approval subject to
compliance with the conditions listed under "Staff
Recommendation,"paragraph 8 above.
The item was placed on the Consent Agenda and approved as
recommended by Staff.The vote was 9 ayes,0 nays,1 absent,
and 1 open position.
Later during the meeting,at approximately 6:00 p.m.Mike
Kumpuris,President of the Westwood Neighborhood
Association,contacted Staff at the meeting to check on the
status of this item.He was informed that it had been
approved on the Consent Agenda.He stated that he was there
to oppose the item on behalf of the Neighborhood
Association.He stated he had just arrived due to
information provided by someone at the Planning Department
that this item probably would not be considered until after
6:00 p.m.The item originally had been listed in the
regular agenda,but since all known issues had been worked
out,it was moved to the Consent Agenda at the Commission's
agenda meeting held just before the public hearing.
After consultation with Stephen Giles,City Attorney,and
Hugh Earnest,the Chairman of the Commission,it was decided
that since he was present during the time the Commission wasstillinsession,and considering the information that he
was given about the timing of the item's probable
consideration,that he could still qualify as a registered
objector.That would allow him to appeal the Commission's
action to the Board of Directors.
5
January 20,1999
ITEM NO.:B (Cont.)FILE NO.:Z-6759
STAFF UPDATE
This issue was appealed to the Board of Directors by the
objectors.At its January 4,2000 meeting,the Board voted
to refer the item back to the Planning Commission for
reconsideration since,at the November 11,1999 meeting,the
objectors arrived late and the Commission did not have the
benefit of their input prior to making a decision.Staff
sent notice of the rehearing to all owners of property
located within 200 feet of the site and to those 8 persons
who attended the January 4,2000 Board meeting in opposition
to the item.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
The applicant was present.There were several objectors
present.Since there were only 8 commissioners present,the
applicant was offered the option of deferring the item.The
applicant requested deferral.A motion was made to defer
the item to the March 2,2000 meeting.The motion was
approved by a vote of 8 ayes,0 noes and 3 absent.
6
january 20,2000
ITEM NO.:C FILE NO.:LU 99-18-03
Name:Land Use Plan Amendment —Ellis Mountain
Planning District
Location:Northwest and Southwest corners of Gamble Rd.
and Nest Glen Dr.
~Re est:Single Family to Low Density Residential
Source:Frank Riggins,The Mehlburger Firm
PROPOSAL /REQUEST:
Land Use Plan amendment in the Ellis Mountain Planning
District from Single Family to Low Density Residential.Low
Density Residential accommodates a broad range of housing
types including single family attached,single family
detached,duplex,town homes,multi-family and patio or
garden homes.Any combination of these and possibly other
housing types may fall in this category provided that the
density is between six (6)and ten (10)dwelling units peracre.
The applicant wishes to build single level patio homes.
EXISTING LAND USE AND ZONING:
The property under review is currently vacant and zoned R-2
residential and is approximately 1.60+acres in size.The
neighboring property to the north is zoned 0-3 General
Office and occupied by an auto salvage lot.The rest of the
neighboring property consists of vacant land zoned R-2
Single Family Residential.Single family residences occupy
the property to the east and south.The property to the
west remains largely vacant.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On March 2,1999 a various changes were made along the Kanis
Road corridor north of the applicant's property.
On December 15,1998 a change was made from Single Family to
Public Institutional at 600 Kirby Road about three fourths
of a mile northwest of the amendment area.
On December 15,1998 a change was made from Office to
Commercial and Park/Open Space at Timber Ridge and Chenal
January 20,2000
ITEM NO.:C (Cont.)FILE NO.:LU99-18-03
Parkway about 1000'ortheast of the site in question.
On November 19,1996 a change was made from Office to
Commercial and Park/Open Space at Timber Ridge and Chenal
Parkway about a three fourths of a mile northeast of the
area under review.
On November 7,1996 a change was made form Single Family to
Low Density Residential west of Cooper Orbit and Spring
Valley about a mile west of the applicant's property.
The area under review is shown as Single Family and Low
Density Residential on the Land Use Plan.The property to
the north is shown as Low Density Residential,to the north
east is Suburban Office,while the rest of the surrounding
property is shown as Single Family.
MASTER STREET PLAN:
Gamble Road,West Glen Drive,and Westhampton Drive are
shown on the Master Street Plan as residential streets.
PARKS:
There are no parks shown on the Park System Master Plan
effected by this action.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This property sits in an area not covered by a city
recognized neighborhood action plan.
ANALYSIS:
The neighboring property to the north was part of the Kanis
Corridor Study and subsequently changed from Transition to
Low Density Residential on the Land Use Plan.This
amendment would extend the Low Density Residential further
to the south to include all of the applicant's property.
The applicant's request resulted from a replat of lots
originally platted for single family residences.The replat
resulted in an increase of residential density from eight
units to sixteen units.The increase in density is within
the limits of Low Density Residential.The units are single
family detached dwellings,more specifically,patio homes.
2
january 20,2000
ITEM NO.:C (Cont.)FILE NO.:LU99-18-03
NE I GHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations:Gibraltar /Pt.West /Timber Ridge
Neighborhood Association,Parkway Place Property owners
Association,and Spring Valley Property Owners Association.
Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.This change to
Low Density Residential would slightly expand the area
already designated as Low Density Residential along
WestGlen.
PLANNING COMMISSION ACTION:(January 6,2000)
This item was placed on the consent agenda for deferral to
the January 20,2000 meeting.A waiver of the bylaws was
necessary since the request from the applicant for the
deferral was received on the day of the Planning Commission
meeting.The consent agenda was approved with a vote of11-0-0.
PLANNING COMMISSION ACTION:(January 20,2000)
The item was placed on the Consent Agenda and approved as
recommended by staff.The vote was 7 ayes,0 noes and
4 absent.
3
Jai.ary 20,2000
ITEM NO.:D FILE NO.:Z-6789
NAME:Hyde Park —Short-Form PRD
LOCATION:Northwest and southwest corners of Gamble Road and
West Glen Drive
DEVELOPER:ENGINEER:
Chandler Properties,Inc.The Mehlburger Firm
P.O.Box 22021 201 S.Izard Street
Little Rock,AR 72221 Little Rock,AR 72201
AREA:1.603 acres NUMBER OF LOTS:6 FT.NEW STREET:0
ZONING:R-2 ALLOWED USES:Single Family residential
PROPOSED USE:Patio homes
VARIANCES/WAIVERS REQUESTED:None requested.
A.PROPOSED/REQUEST:
The applicant proposes to rezone the property from R-2 to
PRD to allow for a 16-unit patio home (condo-type)
development.The proposed development consists of seven (7)
buildings,five (5)of the buildings will be two-unit
building with one (1)five-unit structure and one (1)single
unit structure.
Phase I of the proposed development will consist of the
property on the north side of West Glen Drive.There will
be four (4)buildings constructed in this phase,the five-
unit structure and three (3)two-unit buildings.These
units will have rear loading garages which will be accessed
by an alley,with one (1)drive onto Gamble Road and one (1)
from West Glen Drive.
Ja..ary 20,2000
ITEM NO.:D (Cont.)FILE NO.:Z-6789
Phase II will consist of the two (2)two-unit structures and
the single unit structure on the south side of West Glen
Drive.The individual units will have front loading garages
with access to West Glen Drive.The applicant has noted
that the units will be sold individually,with the land
remaining as common ownership.The proposed buildings and
drives are noted on the attached site plan.
The property involved in this proposed development includes
Lots 20,21,40 and 64-68 of the West Hampton Subdivision.
The applicant will replat Lots 64-67 into two (2)lots as
part of this application.
The applicant is also proposing two (2)ground-mounted signs
for this development,one at each the northwest and
southwest corners of West Glen Drive and Gamble Road.Each
sign will be 1 foot by 5 feet in size and placed on a brick
wall which will be 4 feet high by 5 feet long.
The applicant has also filed a Land Use Plan amendment for
this property (Item 16.1)on this agenda.
B.EXISTING CONDITIONS:
The property is vacant and mostly clear of trees.There is
an auto towing business and two single family residences
immediately north of this site,along the south side of
Kanis Road.There are single family residences to the east
across Gamble Road.Undeveloped property is located
immediately south of this site,with single family
residences further south.There is undeveloped property
immediately west of this site,a portion of which appears to
be occupied by an auto salvage operation.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has received no comment from the
neighborhood.The Gibralter Heights/Point West/Timber Ridge
and Parkway Place Neighborhood Associations were notified of
the public hearing.
D.ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1.Redesign entrance to proposed homes.Rear access from
alley to majority homes will be required.
2.Property frontage needs to have the sidewalks and ramps
2
Jai.ary 20,2000
ITEM NO.:D (Cont.)FILE NO.:Z-6789
brought up to the current ADA standards.
3.Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
4.Stormwater detention ordinance applies to this property.
5.Existing topographic information at maximum five foot
contour interval 100 base flood elevation is required.
6.A Sketch Grading and Draining Plan per Sec.29-186(e)is
required.
7.A Grading Permit per Secs.29-186(c)and (d)is required.
E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer available,not adversely affected.
AP&L:No Comment received.
Arkla:No Comment.
Southwestern Bell:No Comment received.
Water:No Comment.
Fire Department:Place fire hydrants per city code.Contact
Dennis Free at 918-3752 for details.
Count Plannin :No Comment.
CATA:Site is not currently served by CATA though Route ¹5isnear.Approved for transit purposes.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:
This request is in the Ellis Mountain Planning District.
The current Land Use Plan shows Single Family.The proposed
PRD would be an intensity change.Low Density Residential
would be more appropriate for this request.
Cit Reco nized Nei hborhood Action Plan:This area is not
covered by a city recognized neighborhood plan.
Landsca e Issues:
No Comment.
G.ANALYSIS:
The applicant submitted a revised site plan to staff on
December 15,1999.The revised site plan addresses the
concerns as raised by staff and the Subdivision Committee.
The applicant has noted sign locations and an 8 foot
3
Ja..ary 20,2000
ITEM NO.:D (Cont.)FILE NO.:Z-6789
screening fence (along the north and west property lines to
screen a towing business and auto salvage)on the revised
plan as requested by staff.The applicant has also shown a
rear alley access to the 11 units on the north side of West
Glen Drive as requested by Public Works.
Otherwise,to staff's knowledge,there are no outstanding
issues associated with this application.Staff feels that
the proposed PRD will have no adverse effects on the
surrounding property.
H .STAFF RECOMMENDATIONS:
Staff recommends approval of the PRD zoning subject to the
following conditions:
1.Compliance with the requirements as noted in paragraphs D
and E of this report.2.A replat for Lots 64-67 must be filed and recorded prior
to a building permit being issued.
SUBDIVISION COMMITTEE COMMENT:(DECEMBER 9,1999)
Frank Riggins,Michael Watson and Rodney Chandler were present,
representing the application.Staff briefly described the
proposed PRD.
The primary topic of discussion was the proposed access to the
individual units.Public Works expressed concern with having a
separate drive access for each unit.It was suggested to the
applicant to have a rear alley-type access for the units on the
north side of West Glen Dr.This issue was briefly discussed.
Mr.Chandler noted that a small rear yard was desired for each
unit,and providing a rear access would take away from the rear
yard.Staff suggested pulling the buildings forward,toward the
street,with a 15 foot setback.Mr.Chandler noted that he would
explore having a shared drive arrangement in front of the units.
After the discussion,the Committee forwarded the issue to the
full Commission for final action.
PLANNING COMMISSION ACTION:(JANUARY 6,2000)
Staff informed the Commission that the applicant submitted a
letter on January 6,2000 requesting that this item be deferred
4
Jai.ary 20,2000
ITEM NO.:D (Cont.)FILE NO.:Z-6789
to the January 20,2000 agenda.Staff supported the deferral
request.With a vote of 11 ayes and 0 nays,the Commission voted
to waive the bylaws and accept the deferral request being made
less than five (5)working days prior to the public hearing.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for deferral to the January 20,2000
agenda.A motion to that effect was made.The motion passed by
a vote of 11 ayes and 0 nays.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
The staff presented a positive recommendation on this
application,as there were no further issues for resolution.
Staff informed the Commission that the applicant would construct
a six (6)foot wood screening fence along the north and west
property lines rather than an eight (8)foot fence as was
previously discussed and recommended by staff.Staff supported
the six (6)foot screening fence.There were no objectors
present.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for approval as recommended by staff.
A motion to that effect was made.The motion passed by a vote of
7 ayes,0 nays and 4 absent.
5
january 20,2000
ITEM NO.:1 FILE NO.:Z-4544-A
Owner:Alton and Annette Givens
Applicant:Alton and Annette Givens
Location:4701 Baseline Road
Request:Rezone from R-2 to C-1
Purpose:Convert existing structure into
a beauty shop
Size:.66+acres
Existing Use:Single Family residential
SURROUNDING LAND USE AND ZONING
North —Single Family and Church;zoned R-2;
Mini-warehouses;zoned C-3
South —Mobile Homes;zoned R-2
East —Single Family and large tract of undeveloped
land;zoned R-2
West —Small commercial strip center and
mini-warehouses;zoned R-2
PUBLIC WORKS COMMENTS
1.Baseline Road is listed on the Master Street Plan as an
arterial,dedication of right-of-way to 45 feet from
centerline will be required.
With Buildin Permit
2.Property frontage needs to have the sidewalks and ramps
brought up to the current ADA standards.
3.Repair or replace any curb and gutter or sidewalk that is
damaged in the public right-of-way prior to occupancy.
PUBLIC TRANSPORTATION ELEMENT
The site is located on a CATA Bus Route.
january 20,2000
ITEM NO.:1 (Cont.)FILE NO.:Z-4544-A
PUBLIC NOTIFICATION
All owners of property within 200 feet of the site,all
residents within 300 feet and the Upper Baseline
Neighborhood Association were notified of the rezoning
request.
LAND USE PLAN ELEMENT
The property is located in the Geyer Springs East Planning
District.The adopted Plan recommends Commercial for the
property and all others on the south side of Baseline Road
from Sunset Lane to Reck Road.This C-1 Neighborhood
Commercial rezoning request conforms to the adopted Plan.
The property lies within the area covered by the Upper
Baseline Area Neighborhood Action Plan which was approved by
the Commission on September 2,1999 and the Board of
Directors on November 2,1999.That Plan did not include
any proposed Land Use Plan Amendments or zoning changes.
One stated goal of the Plan was to "encourage and establish
neighborhood-oriented businesses."
STAFF ANALYSIS
The request before the Commission is to rezone this .66+
acre lot from "R-2"Single Family to "C-1"Neighborhood
Commercial.The property is occupied by an older,single-
family residence and two out-buildings.The applicant
proposes to convert the residential structure into a beauty
shop.
The property is located on the south side of Baseline Road
in an area of mixed zoning and uses,including several
nonconforming commercial uses.The R-2 zoned property
adjacent to the west contains a small commercial strip
center housing a variety of uses.A mini-warehouse
development is located on this same property,behind the
strip center.The property adjacent to the south contains
several,older single-wide manufactured homes.A larger
area of single family homes extends farther to the south.
One single family home is adjacent to the east.Other uses
farther to the east include a Sonic Drive-in restaurant and
a convenience store.The properties across Baseline Road,
to the north,contain a variety of uses including one
2
january 20,2000
ITEM NO.:1 (Cont.)FILE NO.:Z-4544-A
single-family home,a church and another mini-warehouse
development.
The C-1 Neighborhood Commercial district is designed to
accommodate limited retail developments within or adjacent
to neighborhood areas.It should be located at arterial or
collector street intersections and within walking distance
of residential areas.Staff believes the proposed C-1
zoning for this lot is compatible with uses and zoning in
the area.
The Geyer Springs East District Land Use Plan recommends
Commercial for this tract as well as all other properties on
the south side of Baseline Road,between Sunset Lane and
Reck Road.The C-1 request easily conforms to the adopted
Plan.
Redevelopment of the site for a beauty shop will no doubt
require the construction of additional parking spaces on thesite.All development must conform to City Ordinance
standards for parking,landscaping,buffers,etc.The
conversion of the residential structure into a commercial
use must conform to all applicable building codes.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-1 zoning.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
The applicant was present.There were no objectors present.
Staff presented the item and a recommendation of approval.
The item was placed on the Consent Agenda and approved by a
vote of 7 ayes,0 noes and 4 absent.
3
.nuary 20,2000
ITEM NO.:2 FILE NO.:Z-6797
Owner:Capital Truck Service,Inc.
Applicant:Randy Clifton
Location:12805 I-30
Request:Rezone from R-2 to I-2
Purpose:Continued use of property for a
trucking company
Size:6.9+acres
Existing Use:Trucking Company
SURROUNDING LAND USE AND ZONING
North —Bike and go-cart track;zoned R-2
South —Main-line MoPac Railroad;zoned R-2
East —Undeveloped;zoned R-2
West —Floodway and undeveloped;zoned OS and I-2
PUBLIC WORKS COMMENTS
1.Dedicate regulatory floodway easement to the City.
With Buildin Permit
2.Access Road to this property must be constructed to City
standards as an industrial street.
3.Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
4.Easements for proposed stormwater detention facilities
are required.
5.A Sketch Grading and Drainage Plan per Sec.29-186(e)is
required.
6.A Grading Permit for Special Flood Hazard Area per Sec.
29-186(b)is required.
7.A Development Permit for Flood Hazard Area per Sec.8-283isrequired.
8.Contact the ADPC&E for approval prior to start work is
required.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a CATA bus route.
january 20,2000
ITEM NO.:2 (Cont.)FILE NO.:Z-6797
PUBLIC NOTIFICATION
All owners of property within 200 feet of the site,all
residents within 300 feet and Norm Floyd were notified of
the rezoning request.
LAND USE PLAN ELEMENT
The property is in the Otter Creek Planning District.On
October 5,1999,the Plan was amended to Light Industrial
for this site (Ordinance No.19,105).The plan amendment
was filed by this same applicant as the required first step
toward rezoning the site.The Plan recommends Open Space
for the small portion of this site which lies within the
regulatory floodway.This I-2 Light Industrial request
conforms to the recently amended Land Use Plan.The area
within the floodway should be zoned OS.The Plan Amendment
to Light Industrial was supported by the authors of the
Chicot West/I-30 South Neighborhood Action Plan which was
approved on November 4,1997.
STAFF ANALYSIS
The request before the Commission is to rezone this 6.9+
acre tract from "R-2"Single Family to "I-2"Light
Industrial.The property has been occupied by a series of
nonconforming uses since its annexation into the City.The
property is now owned by and occupied by Capital Truck
Service,Inc.,a trucking company.One building is located
on the site.The applicant is requesting the I-2 zoning to
make the use conforming and to eliminate the hazards
associated with nonconformity.
The property is fairly isolated,being "sandwiched"between
the main line of the Missouri Pacific Railroad and
Interstate 30.The properties adjacent to the east and west
are undeveloped.Much of these properties lies in the
floodway.The railroad is to the south and a go-cart/bike
track is immediately adjacent to the north.Beyond the
track are several businesses fronting directly onto the
Interstate.Access to the site is gained by a private road.
The nearest residential properties are located several
hundred feet south of the railroad right-of-way.The site
has a history of use which includes a cross-tie company.
2
january 20,2000
ITEM NO.:2 (Cont.)FILE NO.:Z-6797
Staff believes the proposed I-2 zoning is compatible with
uses and zoning in the area.
The Otter Creek District Land Use Plan recommends Light
Industrial for the site,the result of a recent amendment to
the Plan which was filed by this applicant as a prerequisite
to the rezoning.The I-2 zoning request conforms to the
Plan.
A portion of the site lies within the regulatory floodway.
That portion should be zoned OS Open Space and protected by
an easement granted to the City.
STAFF RECOMMENDATION
Staff recommends approval of the requested I-2 zoning with
that portion of the site which lies within the regulatory
floodway to be zoned OS.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
The applicant was not present.There were no objectors
present.Staff informed the Commission that the applicant
had put the wrong date and time on the notice to area
property owners and the item needed to be deferred to allow
for proper notification.
The item was placed on the Consent Agenda and approved for
deferral to the March 2,2000 meeting.The vote was 7 ayes,
0 noes and 4 absent.
3
january 20,2000
ITEM NO.:3 FILE NO.:Z-6798
Owner:Ada Green
Applicant:Central Arkansas Land
Development,LLC
Location:1014 Autumn Road
Request:Rezone from R-2 to 0-3
Purpose:Future office development
Size:.55+acres
Existing Use:Single Family residence
SURROUNDING LAND USE AND ZONING
North —New Office developments;zoned 0-3
South —Office;zoned 0-3
East —Kidsport Fitness and recreation center;
zoned POD
West —Single Family;zoned R-2
PUBLIC WORKS COMMENTS
1.Autumn Road is classified as a commercial street.A
dedication of right-of-way to 30 feet from centerline is
required.
With Buildin Permit
2.Provide design of streets conforming to "MSP"(Master
Street Plan).Construct one-half street improvements to
these streets including 5-foot sidewalks with planned
development.
3.Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
4.Driveways shall conform to Sec.31-210 or Ordinance
16,577.
5.A Sketch Grading and Drainage Plan per Sec.29-186(e)is
required.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a CATA Bus Route.A route is
located on Chenal Parkway,one block to the north.
nuary 20,2000
ITEM NO.:3 (Cont.)FILE NO.:Z-6798
PUBLIC NOTIFICATION
All owners of property within 200 feet of the site,all
residents within 300 feet and the Birchwood Neighborhood
Association were notified of the rezoning request.
LAND USE PLAN ELEMENT
The property lies within the I-430 Planning District.The
adopted Land Use Plan recommends Mixed Office and Commercial
for this site and the abutting properties,extending south
to Kanis Road.This 0-3 General Office rezoning request
conforms to the adopted Plan.The property is within an
area not covered by an existing or proposed Neighborhood
Action Plan.
STAFF ANALYSIS
The request before the Commission is to rezone this .55+
acre tract from "R-2"Single Family to "0-3"General Office.
The property currently contains an older,site-built,single
family home and a small mobile home.No specific
development plan has been proposed.The applicant/future
owner is Central Arkansas Land Development,LLC who built
and is located in the new office building adjacent to the
north of this site.
The property is located in an area of diverse uses and
zoning,although those properties closest to the site are
occupied almost exclusively by office and institutional
uses.A small office building and a multi-story medical
office building are located on the 0-3 zoned properties to
the north.The 0-3 zoned property to the south is occupied
by an office use which fronts onto Kanis Road.The
undeveloped property to the rear (west)of the site is the
rear yard of property which fronts onto Kanis Road.
Kidsport Fitness Center and Pinnacle Point Hospital are
located on the POD and C-3 zoned properties across Autumn
Road to the east.A nonconforming office use is located on
the R-2 zoned property to the southeast,also across Autumn
Road.Staff believes the requested 0-3 zoning is compatible
with uses and zoning in the area.
2
nuary 20,2000
ITEM NO.:3 (Cont.)FILE NO.:Z-6798
The I-430 District Land Use Plan recommends Mixed Office
Commercial for the site and the abutting properties,
extending south to Kanis Road.This 0-3 General Office
rezoning request conforms to the adopted Plan.
STAFF RECOMMENDATION
Staff recommends approval of the requested 0-3 zoning.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
The applicant was present.There were no objectors present.
Staff presented the item and a recommendation of approval.
The item was placed on the Consent Agenda and approved by a
vote of 7 ayes,0 noes and 4 absent.
3
~january 20,2000
ITEM NO.:4 FILE NO:Z-5730-A
NAME:Tomberlin C.D.C.—Conditional Use
Permit
LOCATION:802 Corning Street
OWNER/APPLICANT:Tomberlin Community Development Center
PROPOSAL:To obtain a conditional use permit for a
community development center on property
Zoned R-3,Single Family Residential,at
802 Corning Street.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
This site is located on the west side of Corning Street
at the intersection with Kirspel Street,between 6th
and 9th streets.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The proposed site and all surrounding property is zoned
R-3,Single Family Residential.The Hollingsworth Court
Multifamily Housing Area is located across Corning to
the east.Single family houses lie to the north,
southwest and south.Vacant lots exist to the west and
northwest.Even though this is not a residential use
or type of structure,it will provide services valuable
to the immediate area which are listed as acceptable
conditional uses within this zoning.Therefore,Staff
believes this proposal would be compatible with the
neighborhood.
3.ON SITE DRIVES AND PARKING:
The revised proposal includes one two-way driveway onto
Corning.
The facility would have two primary uses,day care and
training.The 75 child day care would generate a
parking requirement of 15 spaces based on one per every
10 children and one for each of eight employees.The
training area would require five spaces based on one
space for each 300 square feet.That would be a total
nuary 20,2000
ITEM NO.:4 (Cont.)FILE NO.:Z-5730-A
of 20 spaces including one handicapped accessible
space.The site plan shows 21 spaces including two
handicapped accessible.
4.SCREENING AND BUFFERS:
The proposed northern land use buffer drops below the
minimum width required of six feet.
Six percent of the interior of the paved area on site
must be landscaped with interior landscape island(s).
A three foot wide building landscape strip is required
between the parking areas and building some flexibility
is allowed with this requirement.The revised plan
meets ordinance requirements.
A 6 ft.high opaque screen is required along the
northern and southern perimeters of the site.This
screen may be either a wooden fence with its face side
directed outward or dense evergreen plantings.
5 .PUBLIC WORKS COMMENTS:
1.Corning Street is a commercial street.Dedication
of an additional 5 feet of right-of-way would be
required.
2.Provide design of Corning Street to meet Master
Street Plan requirements.Construct improvements
with planned development.
3.Driveways must conform to Sec.31-210 and Ordinance
18,031.One access driveway would be allowed.
6.UTILITY AND FIRE DEPT.COMMENTS:
Water:A 5/8"meter is the maximum meter size
available off the existing 2"water main.The Little
Rock Fire Department needs to evaluate this site to
determine whether additional public and/or private fire
hydrant(s)will be required.If a fire hydrant is
needed closer to the site,a water main extension
installed at the developer's expense will be needed.
Wastewater:Sewer available.Not adversely affected.
Southwestern Bell:Approved as submitted.
2
~january 20,2000
ITEM NO.:4 (Cont.)FILE NO.:Z-5730-A
ARKLA:Approved as submitted.
Entergy:No comments received.
Fire Department:Approved as Submitted.
CATA:No comments received.
7.STAFF ANALYSIS:
The applicant has requested a conditional use permit
for a community development center to include a 75
child day care center,a training area,kitchen and a
small multi-purpose area.The proposed site is zoned
R-3,Single Family Residential,and is surrounded by
the same zoning.
This operation would be a non-profit organization
supported by the Tomberlin Baptist Church to serve
women and children primarily.The day care would be
open 6:30 a.m.to 6:00 p.m.Monday through Friday.The
training area would serve up to 10 TEA clients referred
from DHS.They would meet on Tuesdays from 6:00 p.m.
to 9:00 p.m.The training would include GED testing,
job training and job placement courses.The multi-
purpose area would be used when either of the two
primary functions needed a larger space and for
meetings or assemblies.The whole operation is
intended to meet the needs of women and children in
Little Rock as they aspire to move from welfare to
work.
The proposed site is vacant except for two concrete
slabs.The new building would be a Morgan metal
building,one story,approximately 7352 square feet,
with a peaked roof and with an exterior which would be
designed to blend in with the surrounding construction
finishes.The intent is to install it safely,but in a
way so that when they have to move,when the airport
expands into this area,they can relocate the building.
Bill Flowers from the Airport told Staff that the
airport's expansion into this area is planned in 3-5
years at the earliest and that they do not object to
this proposal,especially with its relocatable feature.
As proposed,the building would exceed front and side
required setbacks and be less than the maximum height.
3
~january 20,2000
ITEM NO.:4 (Cont.)FILE NO.:Z-5730-A
The rear setback would be only 15 feet compared to a
requirement of 25 feet.However,this building location
was chosen to maximize use of the site and be able to
meet the required parking with the lowest cost.
Parking requirements are met in the proposal.Staff
proposed a revision to the original site plan access
and parking using only one driveway onto Corning.The
changes were accepted by the applicant and are
reflected in the current site plan.Opaque screening
would be required along abutting residential property
to the north,since it is adjacent to a vehicle area,
and to the south because of the playground and parking
area.
The proposal also includes a sign on the front face of
the building awning over the entry area,approximately
one foot high by 6 feet wide.This would need to be
approved as part of the C.U.P.since it exceeds the
sign allowance for R-3 zoning.
Staff believes this would be a reasonable use of thissiteandbecompatiblewiththesurroundingareawith
proper screening and an exterior that blends with the
surrounding exteriors.
8 .STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit
including the proposed sign,subject to compliance with
the following conditions:
a.Comply with the City's Landscape and Buffer
Ordinances.
b.Comply with Public Works Comments.c.All exterior lighting must be low intensity,
directed downward and inward to the property and
not towards any residential area.
d.Coordinate the installation and anchoring with the
Building Codes Department to ensure City code is
met.
e.Use non-reflective coatings or materials on all
exterior surfaces (roof and walls)that blend with
the surrounding structures.
4
nuary 20,2000
ITEM NO.:4 (Cont.)FILE NO.:Z-5730-A
SUBDIVISION COMMITTEE COMMENTS:(DECEMBER 17,1999)
Reverend Billy Rufus was present representing his
application.Staff gave a brief description of the proposal.
The cause for the out-of-cycle meeting was explained as due
to the hardship urgency of the applicant being recpxired to
relocate from the existing 1100 E.Harrington location
because the airport had already taken over that area.The
applicant has to vacate there by 31 March 2000.The
applicant briefly explained the proposed uses and schedule,
benefits to the community,and stated his intent to make the
building blend in with the surrounding structures.Staff
offices had not had time to fully review the proposal prior
to this meeting,but no major initial concerns were
expressed.
There being no major issues,the Committee accepted the
proposal and forwarded the item to the full Commission for
final action.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
The applicant was present.There were no objectors present.
Staff presented the item and a recommendation of approval
subject to compliance with the conditions outlined in the
"Staff Recommendation"above.The Commission was informed
that there were no outstanding issues.
The item was placed on the Consent Agenda and approved as
recommended by staff.The vote was 7 ayes,0 noes and
4 absent.
5
~january 20,2000
ITEM NO.:5 FILE NO.:LUOO-16-01
Name:Land Use Plan Amendment —Otter Creek
Planning District
Location:9010 Stagecoach Road
~Re est:Single Family tc Service Trades District
Source:Bob Richardson,Real Estate Central
PROPOSAL /REQUEST:
Land Use Plan amendment in the Otter Creek Planning District
from Single Family to Service Trades District.Service
Trades District provides for a selection of office,
warehousing,and industrial park activities that primarily
serve other office,service or industrial businesses.The
district is intended to allow support services to these
businesses and to provide for uses with an office component.
A Planned Zoning District is required for a development not
wholly office.
The proposed use is office —showroom —warehouse.
EXISTING LAND USE AND ZONING:
The property is currently zoned R-2 Single Family and is
approximately 5.0 acres in size.To the north are single
family houses in an R-2 district.To the northwest are
areas of C-2 --Shopping Center District and C-3 —General
Commercial District that contain a single family house and a
strip center/gas station,respectively.To the east are
single family residences in an R-2 district.To the south
is a PDC for the golf driving range.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
This property is currently shown as Single Family on the
Land Use Plan.To the east is an area of Commercial with
single family houses and commercial areas.To the south are
areas of Mixed Use and Single Family and to the west,north
and south is Single Family.These areas of Mixed Use and
Single Family have single family residences in them.
August 17,1999,a change was made from Multi Family to
Mixed Use and Single Family along Stagecoach Road that
nuary 20,2000
ITEM NO.:5 (Cont.)FILE NO.:LUOO-16-01
includes this application.
October 6,1998,a change was made from Community Shopping
to Commercial at the northwest corner of I-430 and I-30
(Otter Creek Mall site)8 of a mile to the southeast.
May 19,1998,a change was made from Single Family to
Suburban Office on Crystal Valley Road north of Stagecoach 8
of a mile to the northeast.
October 15,1996,a change was made from Single Family,
Park/Open Space and Public Institutional to Low Multi
Family,Park/Open Space and Public Institutional at the
northeast corner of Baseline Road and Col.Miller Road
(Eagle Hill Apartments)4 mile to the north.
April 2,1996,a change was made on Otter Creek Parkway at
Quail Run form Multi Family to Single Family 8 of a mile to
the southwest.
December 5,1995,a change was made from Mixed Office
Warehouse to Mixed Office Industrial at Baseline at I-430 on
the east side one mile to the east.
MASTER STREET PLAN:
Stagecoach Road is shown as a Minor Arterial on the plan.
Currently,the State of Arkansas is widening Stagecoach Road
into a four-lane section with turn lanes at the
intersection.A Class II bikeway is designated along
Stagecoach Road from Brodie Creek to County Line Road.This
bikeway,to be on both sides of the road,is part of the
widening project.
PARKS:
The new Otter Creek Park is under development further to the
southwest on Stagecoach Road.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
Currently a city recognized neighborhood action plan for
this area does not exist.The Otter Creek /Crystal Valley
Neighborhood Action Plan is in the process of being
formulated.
ANALYSIS:
This application is for the western 5 acres of a 9.33+acretract.This tract is rectangular in shape with an average
length of 1234'almost a quarter of a mile depth)and has
2
~a.nuary 20,2000
ITEM NO.:5 (Cont.)FILE NO.:LUOO-16-01
approximately 375'f frontage along Stagecoach Road.
Currently,the site is vacant and partially wooded.There
is a small vacant furniture refinishing building on
Stagecoach Road.
This area is a developing suburban area.Otter Creek
subdivision is currently expanding to the northwest along
with the new Westfield subdivision located to the south of
this application and Wedgwood Subdivision located to the
west.New businesses are locating in the area of the
Baseline and Stagecoach Roads intersection and the Otter
Creek Parkway and Stagecoach Road intersection.
This area was included in a Land use Plan Amendment that was
passed on August 17,1999.That change was from Multi
Family to Mixed Use and Single Family.The amendment was
originated in response to the proposal of locating a branch
post office to the south of this site,but mirrored the
desires of the neighborhood plan steering committee.It is
a goal of the steering committee to concentrate non-
residential development along the principal streets.
The vast majority of the area shown on the map west of the
application,east of Otter Creek Subdivision,and south of
Baseline has been preliminary platted for single family
housing.Streets are shown on the graphic for two of the
subdivisions to the west and south (Wedgwood and Westfield,
respectively).Houses in these two subdivisions do not
appear on the graphic because of the coordination lag of
PAGIS and the planning department.
Typically,Service Trades Districts are located along
arterials with direct access to those roads.With no
frontage upon Baseline Road or Stagecoach Road,this
application relies upon access through the existing
commercial area to the east.Access through a dissimilar
use without any common activity is not logical.This
application would be bordered by single family on three
sides and penetrate too deeply into the single family area.
The two categories of Service Trades District and Single
Family are very different in many ways.The bulk,mass and
density of the buildings and vehicular use areas greatly
different in scale and are not compatible.The traffic
generated by the two is also very different and not
compatible .
3
anuary 20,2000
ITEM NO.:5 (Cont.)FILE NO.:LUOO-16-01
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations:Meyer Lane Neighborhood Association,Otter
Meek Homeowners Association,Quail Run Neighborhood
Association,Rolling Pines Neighborhood Association,Crystal
Valley Property Owners Association.Staff has received five
comments from area residents.None are in support,one is
opposed to the change and four were neutral.The Otter
Creek/Crystal Valley Neighborhood Action Plan,that is
currently being formulated and covers this site,is opposed
to the change.These five include the steering committee
comments.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.The Service
Trades District is too intense a use to be surrounded on
three sides by Single Family,does not have the proper
access to roadways and penetrates too deeply into the
residential areas.
PLANNING COMMISSION ACTION:(JANUARY 20 g 2000)
This item was deferred at the request of applicant due to
having only 7 commissioners present.This item will be
heard at the February 3,2000 meeting.
4
I-7-a ~
H'peti.'ad,:J.Vincent
Fiom:COSTON@adeq.state.ar.us
Sent:Friday,January 07,2000 10:54 AM
To:vhustead@littlerock.state.ar.us
Subject:Land Use Change Request
Dear Mr.Minyard:
As Chairman of the Otter Creek/Crystal Valley Neighborhood Action Plan Steering
Committee,I am writing to let you know that we oppose the land use change from Single
Family Residential (SF)to Service Trades District (STD)that has been requested on
acreage adjacent to the Texaco Station and shopping center at the intersection of
Stagecoach Road and Baseline.It is our understanding that an STD will allow
development of anything from small offices to warehouses and industrial parks.This type
of development directly conflicts with our plan for the future in our neighborhood,and
we respectfully request that the application be denied.
Our steering committee is reviewing the Land Use Plan for our planning area,and if our
requested changes are approved,there will be areas which allow Service Trades
development,but we have limited them to outlaying areas closer to major thoroughfares.
We have attempted to concentrate heavier commercial and light industrial uses to
outlaying areas as well.
Our vision for our community is that of a quiet,rural,residential neighborhood with a
"village"atmosphere,human-scale and resident friendly.We welcome commercial and
office development in our planning area,but we will endeavor to limit this development
mostly to the Stagecoach Road corridor,and to restrict overgrowth of commercial
development relative to residential development.The "heart"of our planning area,
roughly located between Crystal Valley road and Otter Creek Road,is primarily
residential,with frontage on both sides of Stagecoach Road.Commercial and office
development in this area would be that which primarily serves the neighborhood while
attracting enough business from other areas to be profitable.We do not believe that "big
box"developments fall within those parameters.
I believe that our planning area is at a critical stage of development where every planning
decision implemented in the next several years could effect residential property values,
either positively or adversely.I believe careful analysis of the "big picture"will be
necessary on each planning decision in order to protect and enhance the quality of life in
our neighborhood.
Sincerely,
Cathy Coston
Chairman
Otter Creek/Crystal Valley Neighborhood Action Plan Steering Committee
january 20,2000
ITEM NO.:6
NAME:Proposed changes to the Landscape and Tree
Protection Ordinance,Land Alteration Ordinance
and the Buffer Requirements of the Zoning
Ordinance (submitted by the Land Alteration and
Landscape Review Task Force).
STAFF REPORT
The Land Alteration and Landscape Review Task Force was
created in July,1998,to review the City of Little Rock's
Land Alteration and Landscape Ordinances and make
recommendations for possible changes.The Task Force
represented a good cross-section of the community and
included the following:
~Representatives of the Planning and City
Beautiful Commissions
~Landscape Architects
~Developers
~Neighborhood Groups
~Representatives of the League of Women Voters
and Tree Streets
Early on in the process,the Task Force agreed on work
program and to focus first on landscaping,tree protection
and land alteration or excavation.The Task Force members
reviewed the relevant Little Rock ordinances,as well as
ordinances from a number of cities from across the country.
The Task Force also heard from various individuals with
expertise in tree preservation and development standards.
The background work undertaken by the Task Force was very
thorough and was valuable to the members in their decision-
making process.Understanding what other communities had
adopted and implemented proved to be very beneficial in
helping the Task Force develop changes that were reasonable
and considerate of diverse interests.
The changes being proposed are intended to promote strong
development standards that will enhance the desirability of
Little Rock as a place to live and do business.The
recommendations being presented relate to landscaping,tree
protection,excavation and zoning buffer requirements.
january 20,2000
ITEM NO.:6 (Cont.)
Following are the m~a o'r changes for the three ordinances or
sections.
~Calls for use of registered landscape architect for
commercial developments over two (2)acres.
~Increases interior landscaping area requirements for
certain vehicular use areas.
~Increases tree planting requirements within new parkinglots.
~Adds irrigation and soil preparation requirements to
enhance preservation of landscaping.
~Increases perimeter landscaping width requirements for
vehicular use areas.
Tree Protection
~Calls for a permit prior to the removal of trees on all
properties except single family residences of less than
two acres and area zoned agriculture and forestry (AF)
and mining (M).
~Calls for a landscaping and tree preservation plan prior
to issuing a permit.
~Calls for preservation and/or an increase planting of
trees in buffers and parking lots.
~Provides for increased number of trees in large,barren
parking lots.
Land Alteration
~Calls for permits prior to land alteration or tree
clearing.
~Revises grading standards.
~Requires landscaping of slopes and cuts.
~Provides for penalties and corrective measures for
unlawful excavation.
Buffer Re irements
~Increases street and land use buffers.
~Street classifications would no longer be used to
determine maximum buffer width adjacent to the street.
2
january 20,2000
ITEM NO.:6 (Cont.)
The Task Force met on a regular basis for approximately
eighteen months and held two public input meetings.In
addition to the community sessions,the Task Force also met
with developers and other interested parties on two
additional occasions.The Task Force took the full 18
--months 4o finalize and agree on the changes because the
members felt it was necessary to try to address the issues
or concerns that had been raised during the process.
Because of the diverse input and comments,every effort was
made to reach an acceptable compromise on a number of the
proposed changes.The Task Force members feel that they
listened and the recommended ordinance amendments are the
result of a comprehensive and open process.
The Task Force members voted unanimously to accept the
proposed changes at their December 29,1999 meeting.
PLANNING COMMISSION ACTION:(JANUARY 20,2000)
Tony Bozynski,Department of Planning and Development staff,
introduced the item and then reviewed several changes that
were omitted from the written drafts included in the
agendas.The changes were found in the Landscape Ordinance
and the tree protection section drafts.
John Baker,a member of the Land Alteration and Landscape
Review Task Force,then made a presentation about the
proposed ordinances.Mr.Baker referred to slides during
his presentation and provided the Commission with some
background and history.He also reviewed the charge of the
Task Force and then reviewed some of the major changes
proposed for the Landscape and Tree Protection Ordinance,
the Land Alteration Ordinance and zoning buffer
requirements.Mr.Baker then introduced task force members
that were present:Dottie Funk,Bob Callans,Troy Laha,
Mark Johnson,Ramsey Ball,Mary Underwood and Herb Hawn.
Ethel Ambrose,a member of the Coalition of Little Rock
Neighborhoods and Central High Neighborhood Association,
spoke in support of the proposed changes.Ms.Ambrose saiditwasagoodbeginningandindicatedtheneedformore
changes in the future.Ms.Ambrose also gave a brief
description of the Central High Urban Forestry Project.
3
anuary 20,2000
ITEM NO.:6 (Cont.)
Sonja McCauley said she supported the changes and thanked
the Task Force members for their time and effort.
Ruth Bell,representing the League of Women Voters,said the
League strongly supported the proposed changes and described
various sections.Ms.Bell read from a written statement
and said the modifications strengthened the current
requirements and standards.
Pam Adcock,Planning Commission Chair,read a statement from
Margaret Leigh supporting the changes.
David Jones,a commercial realtor,said that additional time
was needed to review the changes and made reference to a
letter from Dickson Flake.Mr.Jones asked that the item be
deferred.
Hank Kelley,Flake and Kelley,addressed the Commission and
described several existing projects and how the proposed
changes could impact them.Mr.Kelley said that retailers
drive developers and the development.Mr.Kelley also said
that there would be a reduction in floor space on a site
because of the proposed changes.Mr.Kelley also requested
that the issue be deferred.
Jim Irwin suggested using existing developments to review
the proposed changes and said a deferral was needed.
Johnny Kincaid said the task force needed to quantify the
changes and analyze the potential impacts.Mr.Kincaid said
the proposed changes could cause a 20%reduction in
buildable area.Mr.Kincaid indicated that he agreed with
50 to 60 percent of the proposed changes and said a
reasonable solution should be reached on the remaining
portions.
John Flake spoke and a suggested a deferral for further
study.
Peggy Wilhem,representing the Sierra Club,spoke in support
of the proposed changes.
Nick Holmes said the proposed changes could require 20-25
percent additional land for increased buffers,etc.and
asked for more time.
4
january 20,2000
ITEM NO.:6 (Cont.)
Greg Mueller asked that the item be deferred and then
described the potential impact on some existing projects.
Mr.Mueller indicated that a 140,000 square foot development
would be reduced to approximately 82,000 square feet and a
79,500 square foot building would lose about 20,000 square
feet.Mr.Mueller said that the task force's work needed
more analysis.
Jim Lawson,Director of Planning and Development,expressed
concerns with the possibility of needing additional staff
because of the changes and not having the necessary
resources to fund one or more positions.
Comments were then offered by several commissioners.Hugh
Earnest said it was a reasonable request to develop numbers
based on the changes and mentioned the idea of raising
public funds for open space.Richard Downing questioned
whether the city could require existing parking lots to
conform to the new standards and said the city should
consider acquiring land to preserve open space.Bill Rector
discussed older areas and the potential impacts.
John Baker responded to some of the comments and said the
changes included some incentives for the central city.Mr.
Baker discussed existing parking lots and described some of
the changes.
Commissioner Judith Faust made some comments and said the
bigger issue was preserving green space and there were some
major questions that needed to be addressed.Commissioner
Faust also expressed some concerns with defining mature area
and staff's apparent lack of support.
Hank Kelley addressed the Commission and offered the use of
an engineer to assist with reviewing the changes.
There was a long discussion and comments were offered by
various commissioners.Several commissioners said a
deferral was the right course.
Additional comments were made and the Commission said that
answers were needed on costs and potential impacts.It was
agreed that the following needed to be addressed before the
next meeting.
1.Define mature area.
2.Apply proposed standards to several existing sites.
5
anuary 20,2000
ITEM NO.:6 (Cont.)
3.Review one or two undeveloped sites using proposed
standards.
4.Develop a budget for enforcing new standards.
5.Whether it is legal to require existing parking lots to
be brought up to the new standards.
A motion was made to defer the item to the March 2,2000
Planning Commission hearing.The motion was approved by a
vote of 8 ayes,0 nays and 3 absent.
6
12-29-99
LANDSCAPE ORDINANCE
CURRENT RE UIREMENTS PROPOSED RE UIREMENTS
Sec.15-89 Landscape plans can be prepared by Required landscape plans for
anyone as long as they meet requirements.developments of two acres or more require
the plan be affixed with the seal of a
Landscape Architect.
Sec.15-93 Single-trunk trees shall have a minimum Single-trunk trees shall have a minimum
caliper of two (2)inches measured twelve caliper of two (2)inches measured twelve
(12)inches above grade at the time of (12)inches above grade at the time of
planting.Multi-trunk trees shall have a planting for sites with fewer than one
minimum caliper of one (1)inch measured hundred (100)parking spaces.Sites with
twelve (12)inches above grade at planting.one hundred (100)or more parking
spaces shall have a minimum single-trunk
caliper of three (3)inches measured twelve
(12)inches above grade at planting.Multi-
trunk trees shall have three (3)canes with a
minimum caliper of one (1)inch each
measured twelve (12)inches above grade
at planting for sites with fewer than one
hundred (100)parking spaces.Sites with
one hundred (100)or more parking spaces
multi-trunk trees shall have three (3)canes
with one and one half (1 /~)inch caliper
each measured twelve (12)inches above
grade at planting.
Sec.15-132(1)At least sixty five percent of the view of At least eighty percent of the view of the
the vehicular use area and parked automobiles vehicular use area and parked automobiles
must be screened from a more restrictive use.must be screened from a more restrictive
use.A wooden fence can satisfy sixty-five
percent.Evergreen trees can be used to
satisfy the remaining fifteen percent.
(3)Dumpster screening must be at least eight Dumpster screening must be at least two
(8)feet on three side.(2)feet above dumpster on three sides.
Sec.15-133 (a)Perimeter planting strips must be at least Perimeter landscaping strips must be at
six (6)feet in width.least nine (9)feet in width.With the
exception of street landscaping,25 percent
of the landscaping requirement can be
transferred to another area of the site.
(b)One tree for every forty linear feet must be One tree for each seven hundred sq.ft.of
Planted within the perimeter strip(s).required landscape and/or buffer area is
Driveways can be excluded.required.Clustering is allowed but trees
spacing must not exceed 100 linear feet.
Driveways cannot be excluded in these
computations.
Sec.15-134(a)Interior landscape plantings must Interior landscape plantings must
comprise at least six percent of the comprise at least eight percent of the
vehicular use area containing more vehicular use area containing twelve or
than fifteen spaces.more parking spaces.
(b)The minimum size of an interior The minimum size of an interior planting
planting area must be 100 square feet area must be 150 square feet for sites with
with 1/3 being 200 square feet.100 or fewer parking spaces.For sites
with over 100 parking spaces,the
minimum size of an interior planting area
shall be 300 square feet.
(C)Trees shall be included in the interior Trees shall be included in the interior
landscaping areas at the rate of one tree landscaping areas at the rate of one tree
for every 15 parking spaces.for every 12 parking spaces.
(d)Interior landscaping can be anywhere Some flexibility is allowed with placement
within the interior of the vehicular use of interior islands.However,interior
area.landscaping should be generally
distributed throughout the vehicular
use areas.
(e)Interior island width not regulated.Interior island width must be no less than
nine feet.
Sec.15-135 (a)Building landscaping shall be located Building landscaping need not be solely
between the public parking areas and restricted to the area immediately adjacent
building they serve.to the building but in the general vicinity
of the building they serve.
Sec.15-136 (2)Downtown monthly for pay parking lots Downtown monthly for pay parking lots
Must be screened with shrubs and trees.may use trees to satisfy the screening
requirements.
(3)Perimeter landscaping width for downtown Perimeter landscaping width for downtown
monthly for pay parking lots may be reduced monthly for pay parking lots may be reduced
to four feet.to five feet.
(4)Interior landscape plantings required for Interior landscape plantings required for
downtown monthly for pay parking lots downtown monthly for pay parking lots
may be reduced to three percent of any:may be reduced to four percent of any
vehicular use arep containing more than vehicular use area containing more than
fifteen parking spaces.twelve parking spaces.
(5)No exceptions for temporary downtown Temporary downtown monthly for pay
monthly for pay parking lot landscaping.parking lots of up to three years duration
may elect to use plants in appropriate
containers to meet code planting
requirements.After the three year period
normal landscape requirements must be
satisfied if the parking lot is to remain in use.
Sec.15-137 (b)No requirement for soil preparation.Planting areas must have proper soil
preparation prior to plant installation
in accordance with the Arkansas State
Extention Service.
(c)No requirement for mass shrub beds.Planting shrub mass areas must be planted
in mulch beds not in grass or turf areas.
I
(d)No requirements for sprinklers.Either an underground sprinkling system
or a drip method system to irrigate plants
will be required for developments of one
(1)acre or larger.For developments less
than one (1)acre a water source within
seventy five (75)feet to water plants will
be required.
Sec.15-141 (2)Thirty-one(31)to forty(40)percent Thirty-one (31)to sixty (60)percent grade
grade requires vegetation with netting requires vegetation with netting and
and ground cover either hydroseeded ground cover either hydroseeded or in
or in containers.container to be hydroseeded with an
erosion control blanket.
(3)Over forty (40)percent grade requires Over sixty (60)percent grade requires
riprap with soil separating fabric.native field stone or riprap with soil
separating fabric.If riprap is to be used
twenty-five (25)percent of the riprap must
be covered with live plant material
distributed throughout.Facing stone or
block may be used on vertical slopes as an
option.
(f)Trees shall be planted along benches Trees shall be planted along benches used
used in hillside cuts and fills.The in hillside cuts and fills.The average
average spacing between these trees spacing between these trees shall not be
shall be greater than twenty (20)feet.greater than twenty (20)feet.
Sec.15-143 (b)Up to one-third (1/3)of the perimeter Up to twenty-five (25)percent of the
planter area and associated trees and perimeter planter area and associated
shrubs can be shifted from one (1)area trees and shrubs can be shifted from one
of the site to another for the purpose of (1)area of the site to another for the
improving visual aesthetics or for other purpose of improving visual aesthetics or
appropriate environmental concerns.for other appropriate environmental
concerns.Street requirements are not
included in this flexibility.
(g)Up to one-third (3/3)the number of shrubs Up to twenty-five (25)percent of the number
may be reduced for any given landscape area of trees or shrubs may be reduced for any
by compensating at the equivalent of one (1)given landscape area by compensating at the
tree for every four (4)shrubs.equivalent of one (1)tree for every eight (8)
shrubs except within street landscaping
areas.
December 29,1999
LANDSCAPE ORDINANCE
RECOMMENDED CHANGES
(NOTE Words in bold type show additions or changes to current Landscape Code.)
Sec.15-82.Definitions.
Arborist,licensed landscape architect,horticulturist,urban forester or arborist to practice in
Arkansas.This position serves as staff enforcement officer of the Landscape and Tree Preservation
Ordinance and assists the Plans Review Specialist.
Plans Review Specialist,state registered Landscape Architect.This position reviews all
required commercial landscape plans and serves as staff administrator of the Landscape and Tree
Preservation Ordinance.
Property line is the legal boundary between two (2)lots or parcels of land.For purposes of this
section,property line shall also include property lease lines which separate independent uses or activities
except when abutting common driveways or areas designed for interior circulation.
Sec.15-89.Permit requirements;landscape plan.
(b)Landscape plan.Before a landscape permit shall be issued,the.applicant must submit three (3)
copies of a landscape plan to the city department designated by the city manager.When the vehicular use
area is accessory to a building or structure,the landscape plan should be submitted concurrently with the
building and site plans of the proposed structure.The landscape plan may be shown on the building site plan
and need not be a separate drawing.However,developments of two (2)acres or more requires the
landscape plan be affixed with the seal of a registered Landscape Architect.
Sec.15-93.Minimum caliper of trees.
Single-trunk trees shall have a minimum caliper of two (2)inches measured twelve (12)inches above grade
at the time of planting for sites with fewer than one hundred (100)parking spaces.Sites with one
hundred (100)or more parking spaces shall have a minimum single-trunk caliper of three (3)inches
measured twelve (12)inches above grade at planting.Multi-trunk trees shall have three (3)canes with
a minimum caliper of one (1)inch each measured twelve (12)inches above grade at planting for sites
with fewer than one hundred (100)parking spaces.Sites with one hundred (100)or more parking
spaces multi-trunk trees shall have three (3)canes with of one and one-half (1 /i)inch caliper each
measured twelve (12)inches above grade at planting.
Sec.15-112.Tree species.
(a)The following list of trees represents those which have been found to be best suited to this area and yet
requiring the least amount of maintenance.This list are those trees which may be planted in the
required landscaping area.At least 50%must come from this list.Additional selective trees may be
substituted when proven to be hearty to this region and are approved by the Plans Review Specialist
or Arborist.
Recommended Trees
Street dk Parkin Lot Trees:Also can be used:as interior lantin s
Botanical Name Common Name
Deciduous —Large (Average height 60'40'ide)
Celtis laevigata Sugar Hackberry
Fagus grandifolia American Beech
Fraxinus pennsyvanica Green Ash
Liriodendron tulipfera Tulip Tree
Magnolia acuminata Cucumber Magnolia
Platanus occidentalis Sycamore
Quercus acutissima Sawtooth Oak
Quercus alba White Oak
Quercus falcata Sou)hem Red Oak
Quercus michauxii Swamp Chestnut Oak
Quercus nigra Water Oak
Quercus nuttallii Nuttall Oak
Quercus palustris Pin Oak
Quercus phellos Willow Oak
Quercus shumardii Shumard Oak
Twenty (20)percent may be other choices if approved by the Plans Review Specialist or
Arborist.
Additional Ornamental Trees for Interior Landsca in ONLY:
Botanical Name Common Name
Deciduous —Small Trees (Average height 20'15'ide)
Acer palmatum Japanese Maple
Cercis canandensis Redbud
Cercis chinensis Chinese Redbud
Comus florida Flowering Dogwood
Crataegus marshallii Parsley Hawthorn
Crataegus opaca Mayhaw
Crataegus viridis Green Hawthorn
Ilex decidua Deciduous Holly
Lagerstroemia indica Crape Myrtle
Magnolia soulangiana Oriental Magnolia
2
Botanical Name Common Name
Deciduous —Medium Trees (Average height 40'30'ide)
Acer rubrum 'Drummondii'wamp Red Maple
Acer rubrum 'Red Sunset'ed Sunset Maple
Betula nigra River Birch
Ginkgo biloba Ginkgo (male)
Koelreuteria paniculata Golden Rain Tree
Pistacia chinensis Pistachio
Taxodoum distichum Cypress
Ulmus parvifolia Chinese Elm
Evergreen —Small Trees (Average height 20'15'ide)
Camellia japonica Camellia
Camellia sasanqua Sasanqua Camellia
Ilex attenuata 'Fosteri'oster's Holly
Ilex cornuta 'Burfordii'urford Chinese Holly
Ilex vomitoria Yaupon Holly
Juniperus virginiana 'Canaertii'anaert Red Cedar
Juniperus virginiana 'Glauca'ilver Red Cedar
Evergreen —Medium Trees (Average height 40'30'ide)
Ilex opaca American Holly
Juniperus virginiana Eastern Red Cedar
Magnolia virginiana Sweet Bay Magnolia
XCupressocyparis leylandii Leyland Cypress
Evergreen —Large Trees (Average height 60'30'ide)
Magnolia grandiflora Southern Magnolia
Pinus taeda Loblolly Pine
XCupressocyparis leylandii Leyland Cypress
3
Recommended Plantings
Trees for benches on hillside cuts
Botanical Name Common Name
Large (Average height 60'40'ide)
Celtis laevigata Sugar Hackberry
Pinus taeda Loblolly Pine
XCupressocyparis leylandii Leyland Cypress
Medium (Average height 40'30'ide)
Koelreuteria paniculata Golden Rain Tree
Shrubs for benches on hillside cuts
Botanical Name Common Name
Baccharis halimifolia Groundsel Bush
Elaeagnus pungens Elaeagnus
Forsythia intermedia Forsythia
Ilex cornuta 'Burfordii Nana'warf Buford Holly
Lagerstroemia indica Crape Myrtle
Myrica cerifera Southern Wax Myrtle
Nandina domestica Nandina
Groundcovers for benches on hillside cuts
Botanical Name Common Name
Gelsemium sempervirens Carolina Yellow Jessamine
Lonicera japonica Wild Honeysuckle
H droseed Mix of:
Cynodon dactylon Bermuda Grass
Eragrostis curvula Weeping Love Grass
Festuca arundinacea Kentucky 31 Fescue
4
I
Sec.15-114.Shrub species.
(a)The following list of shrubs are those which have been found to be best suited to this area
and yet requiring the least amount of maintenance.This list are those shrubs which may
be planted in the required landscaping area.Additional selective shrubs may be
substituted when proven to be hearty to this region and are approved by the Plans
Review Specialist or Arborist.
/
Recommended Shrubs
Botanical Name Common Name
Evergreen —Shrubs
Ilex cornuta 'Burfordii'urford Chinese Holly
Ilex cornuta 'Rotunda'warf Rotunda Holly
Ilex crenata 'Compacta'warf Japanese Holly
Ilex vomitoria 'Nana'warf Yaupon
Jasminum mesnyi Primrose Jasmine
Nandina domestica Nandina
Ternstroemia gymnanthera Cleyera
Sec.15-116.Ground covers.
(a)The following list of ground covers are those which have been found to be best suited to this
area and yet requiring the least amount of maintenance.This list are those ground covers
which may be planted in the required landscaping area.Additional selective ground covers
may be substituted when proven to be hearty to this region and are approved by the Plans
Review Specialist or Arborist.
Recommended Ground Covers
Botanical Name Common Name
Euonymus fortunei 'Radicans'preading Euonymus
Gelsemium sempervirens Carolina Jessamine (Hillside)
Hedera helix English Ivy
Juniperus species Junipers
Liriope muscari Liriope
Lonicera sempervirens Honeysuckle (Hillside)
Nandina domestica 'Harbour Dwarf Dwarf Nandina
Ophiopogon japonicus Mondo Grass
Vinca minor Periwinkle
5
Sec.15-132.Screening requirements.
(1)Abutting properties.Where land use of a more'restrictive nature is adjacent to abutting
property that requires screening under this article,at least eighty (80)percent of the view of
the vehicular use area and automobiles parked thereon when the vehicular use area is fully
utilized shall be screened so as to not be visible when viewed from the more restrictive use.
For this provision,land use restrictiveness shall be judged in the following order with the last
category being the most restrictive:Industrial,commercial,office,multifamily,duplex and
single-family.When complying with this provision,the degree of screening shall be
determined based upon an averaging of perspectives taken at a height of sixty (60)inches
above and along the building line on the abutting property parallel to the common property
line.A wooden fence can satisfy sixty-five (65)percent.Evergreen trees,can be used to
satisfy the remaining fifteen (15)percent.
(3)Special screening.At least eighty (80)percent of the view of dumpsters,loading docks,
heating and air-conditioning units,external storage of materials,communications equipment
and similar outside activities and appurtenances squall be screened so as to not be visible
when viewed from abutting properties and streets.Special screening of dumpsters within
industrial sites not required.Compliance with this provision shall be determined on the
basis established in (1)and (2)above.In addition,the screen shall exceed the height of
the dumpster or trash containment areas by at least two (2)feet on at least three (3)
sides.
Sec.15-133.Perimeter planting strips.
(a)A perimeter planting strip shall be required along any side of a vehicular use area that abuts
adjoining property or the right-of-way of any street.This strip shall be at least nine (9)feet
wide to another required area of the site.When adjacent to a highway the perimeter
planting strip must be at least thirty (30)feet wide.
(b)One (1)tree shall be planted for every 700 sq.ft.of required landscape/buffer area and
three (3)shrubs or vines for every thirty (30)linear feet shall be planted in the perimeter
planting strip.Clustering is allowed,however,there shall not be more than 100 linear
feet without a tree.The width of driveways crossing the perimeter strip shall not be
subtracted from the length of the perimeter strip for purposes of complying with this
provision.
Sec.15-134.Interior landscaping.
(a)Interior landscape plantings shall comprise at least eight (8)percent of any vehicular use
area containing twelve (12)or more parking spaces.
(b)The minimum size of an interior planting area shall be one hundred and fifty (150)square
feet for sites with one hundred (100)or fewer parking spaces.For sites with over one
hundred parking spaces,the minimum size of an interior planting area shall be three
hundred (300)square feet.
6
(c)Trees shall be included in the interior landscaping areas at the rate of one (1)tree for every
twelve (12)parking spaces.
(d)Some flexibility is allowed with placement of interior islands.However,interior
landscaping should be~enerally distributed throughout the vehicular use areas.
(e)Interior island width must be no less than nine (9)feet.
$ec.15-135.Building landscaping.
(a)Landscape areas need not be solely restricted to the area immediately adjacent to the
building but shall be provided between the vehicular use area used for public parking and
the general vicinity of the building they serve.(This would exclude truck loading or
service areas not opened for public parking).These areas shall be in aggregate equal to an
equivalent planter strip three (3)feet wide along the vehicular use area.
Sec.15-136.Exceptions.
I
(2)The percentage of street screening required may be reduced to twenty (20)percent.Trees
may be used to satisfy this requirement.
(3)Perimeter landscaping strip width may be reduced to five (5)feet.
(4)Interior landscape plantings required may be reduced to four (4)percent of any vehicular
use area containing more than twelve (12)parking spaces.
(5)Temporary parking lots of up to three (3)years duration may elect to use plants in
appropriate containers to meet code planting requirements.After the three year
period normal landscape requirements must be satisfied if the parking lot is to remain
in use.
Sec.15-137.Protection of landscaping.
(b)Planting areas must have proper soil preparation prior to plant installation in
accordance with the Arkansas State Extension Service.
(c)Planting shrub mass areas must be planted in mulch beds not in grass or turf areas.
(d)A sprinkler system or drip system to irrigate plants will be required for developments
of one (1)acre or larger.For developments less than one (1)acre a water source
within seventy-five (75)feet to water plants will be required.
Sec.15-141.Treatment of hillside cuts and slopes.
(2)Thirty-one (31)to sixty (60)percent grade requires vegetation with netting and ground
cover either hydroseeded or in containers to be hydroseeded with an erosion control
blanket.
(3)Over sixty (60)percent grade requires native field stone or riprap with soil separating
fabric.If riprap is to be used twenty-five (25)percent of the riprap must be covered
7
with live plant material distributed throughout.Facing stone or block may be allowed
as an option.
(e)Trees shall be planted along benches used in hillside cuts and fills.The average spacing
between these trees shalj.not be greater than twenty (20)feet.
Additional city requirements can be found in Code of Ordinances Chapter 29
"Stormwater Management and Drainage"Ordinance under "Land Alteration
emulations"
Sec.15-143.Flexibility in applying standards.
(b)Up to twenty-five (25)percent of the perimeter planter area and associated trees and
shrubs can be shifted from one (1)area of the site to another for the purpose of improving
visual aesthetics or for other appropriate environmental concerns.Street tree
requirements are not included in this flexibility.
(g)Up to twenty-five (25)percent of the number of trees or shrubs may be reduced for any
given landscape area by compensating at the equivalent of one (l)tree for every eight (8)
shrubs except within street landscaping areas.
landscape-ordinance.doc
S
December 29,1999
TREE PRESERVATION ORDINANCE
-CURRENT-RE UIREMENTS PROPOSED RE UIREMENTS
Sec.15-86 This article applies to all properties located This article applies to all properties except
in a zone or use of higher density than two-properties zoned agriculture and forestry,
family.mining and for properties of under two
acres zoned single and two family and
manufactured home districts.
Sec.15-51 and A person convicted of a violation shall be A person convicted of a violation may be
Sec.15-83 punished by a fine not exceeding 250 'evied a fine not less than 250 dollars per
dollars or double such sum for each violation per day for each violation.Each
repetition.Fines for continuing violations tree removed or improperly preserved shall
shall not exceed 250 dollars for each day be a separate violation.
the violation continues.
No requirement.No land alteration will be permitted until
all plans and permits,except building
permits,are issued and construction is
eminent.
Sec.15-92 Dead plant materials shall be replaced.Trees removed or which die shall be
replaced with trees of an equivalent total of
DBH.
No requirement.Existing parking lots must meet 50%of the
tree requirement for new lots by January 1,
2006 and within full compliance by
January 1,2008.As much as 50%of the
trees may be planted within the adjacent
right-of-way.
Sec.15-140(c)A minimum of 60%of the land use buffer A minimum of 70%of all existing healthy
must be maintained in a natural state.trees of 3 inch DBH or greater within land
use buffers shall be preserved.
No requirement.At least 25%of existing trees of 6 inch
DBH or larger within commercial street
buffers and 50%within all other street
buffers must be preserved.
CURRENT RE UIREMENTS 'ROPOSED RE UIREMENTS
No requirement.No storage or paving will be allowed
within the critical root zone of piotected
trees.
No requirement.Staff shall visit sites of over two acres in
order to verify trees to be preserved.
No requirement.Tree spacing may not exceed 100 feet in
required areas.
No requirement.The owner or developer shall contribute to
the city a cash payment equal to 100%of
the cost of the trees required by this
ordinance that will not be planted or
preserved due to burden or a variance,and
the cost of planting such trees in the
general area of the development.
ZONING BUFFER REQUIREMENTS
The Task Force is also,recommending these changes to the current zoning buffer requirements to help
bring them more in alignment with landscape,tree preservation and land alteration proposals.
CURRENT RE UIREMENTS PROPOSED RE UIREMENTS
Sec.36-522(b)Street buffers are to average 5%of the Street buffers are to average 7%of the
average depth of the lot.Maximum average depth of the lot.Maximum
dimension determined by street dimension is 50 ft.Street buffers must not
classification (Expressway =60 ft.,drop below 50%of the requirement at any
Principal Arterial =50 ft.,Minor Arterial given point but in no case under 9 ft.
=40 ft.,Collector =30 ft.,and Local =20 Highway buffers must not drop below 30
ft.).Minimum dimension at any given ft.
point is 6 ft.
Land use buffers are to average 5%of the Land use buffers are to average 7%of the
average width of the lot.Maximum average width of the lot.Maximum
dimension determined by use (Multifamily dimensions is 50 ft.Minimum dimension
=40 ft.,Office =40 ft.,Commercial =50 at any given point is 9 feet.
ft.and Industrial =75 ft.Minimum
dimension at any given point is 6 ft.
Sec.36-524(7)The buffer requirement may be reduced to When the site abuts a permanent "Open
the minimum required by the Landscape Space"zone,no additional buffer will be
Ordinance (4 ft.)when the site abuts a required when the "Open Space"depth is
permanent "Open Space"zone of 100 ft.sufficient to satisfy the normal buffer
or more.requirement.
treepreservation-ordinance.doc
DRAFT OF DKCEMBKR 29,1999
tThis ordinance is intended to replace the current tree protection ordinance,
Chapter 15 Section 15-51 through Section 15-57-So]
ARTICLE HL TREK PROTECTION AND PRESERVATION
I.PURPOSE AND INTENT
The Board Bnds that:
A.Little Rock is blessed with a diversity and.abundance of trees,shrubs and
soils.Such elements are of economic and aesthetic value to the City and
make it a desirable place for both residents and visitors;
B.Preservation of trees is part of our heritage and a legacy to future
generations;
I
C.The appearance of Little Rock can contribute to the economic prosperity
of the City.Studies indicate that trees add dollar value to residential and
commercial property;
D.Trees and other landscape elements help to naturally control Qooding and
erosion by reducing run-off,binding soil and minimizing Rood damage to
land and structures;
E.Trees are a valuable amenity to the urban environment and serve to create
greater human comfort by providing shade,cooling the air and otherwise
tempering the eQect of summer heat,thereby reducing the requirements for
air conditioning and the subsequent depletion of energy resources;
F.Trees purify the air by filtering pollutants and dust and other airborne
pollutants and release oxygen into the air;
6.Trees moderate noise pollution by absorbing sound;
H.Trees provide habitat,shelter,and food for many species of natural
wildlife;
I,The growth and development attracted to the City of Little Rock often
necessitates the removal of trees,shrubs,and soils,thereby contributing to
their depletion;and
J.It is necessary to protect and manage these valuable assets and their habitat
in order to protect the health,safety,and welfare of citizens in Little Rock
and its extraterritorial jurisdiction.
The Board declares the intent of this Ordinance is to.
A.Protect and promote the natural ecological,environmental and
aesthetic qualities of Little Rock;
B.Encourage the proper protection and maintenance of new and existing
healthy and quality trees,shrubs and soils on a0 public and some private
lands as herein described now or hereafter in Little Rock;
C.Protect and increase the value of commercial and residential properties
within the City while maintaining and enhancing a positive image for the
attraction of new business enterprises to the City;
D.Promote site planning and establish a system of permits which furthers the
preservation of mature trees,tree groupings and natural areas;protects
trees during construction;facilitates site design and construction which
contributes to the long term viability of existing trees;and controls the
removal of trees when necessary,
E.Prohibit the indiscriminate clearing of property by regulating the
protection,removal,and replacement of trees,shrubs and soils in Little
Rock;
F.Prevent destabilization of soil thereby minimiziz&g flooding and run-o6
G.Establish penalties for violation of its provisions;
H.Encourage the creation of the position of City Arborist to work for the
Plans Review Specialist and enforce the procedures of this ordinance,
II.DKPINITIONS [to be put in current section 15-82]
A.For the purpose of this ordinance,certain words or terms applicable hereto
are defined as hereinafter provided.Words and terms used in this
ordinance,but not defined in this ordinance shall have the meanings
ascribed thereto in the other Ordinances of the city of Little Rock.Words
and terms de6ned in two ordinances shall be read in harmony unless there
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exists an irreconcilable conflict in which case the definition contained in this
ordinance shall control.
B.Words used in the present tense shall include the future,words used in the
singular number shall include the plural number and words used in the
plural shall include the singular.
The word "shall"is mandatory and the word "may"is permissive.
D.-="Berms"[use definition in Highway 10 overlay]
E."Caliper."The diameter of a tree as measured twelve (12)iaches above
ground level.
F "Critical Root Zone."The area of undisturbed natural soil around a tree
defined by a concentric circle with a radius equal to the distance from the
trunk to the outermost portion of the dripiine.
G "Diameter at Breast Height (DBH)."The diameter of a tree measured four
and one half (4.5)feet above ground level.
H."Dripline."A vertical line run through the outermost portion of the canopy
of a tree extending to the ground.
I."Land Alteration."Clearing,scraping,grubbing,or otherwise removing or
destroying the vegetation of a site,or adding,removing,exposing,
excavating,leveling,grading,digging,tunneling,trenching,burrowing,
dumping,piling,dredging,or application of toxic substance,storage of
materials,and operation of equipment,or otherwise disturbing the soil,
mud,sand or rock of a site.
I,"Preserved Tree."A protected tree shall be considered to be preserved
only if a minimum of '75%of the critical root zone is maintained at
undisturbed natural grade and no more than 25%of the canopy is removed.
K."Protective Fencing."Orange co1ored fencing including snow fencing,
chain link fencing,vinyl construction fencing or other similar fencing not
less than four feet in height.
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L."Remove"or "Removal."The taking of trees with DBH of six (6)inches or
greater off the property or the causing of damage to trees with DBH of six
(6)inches or greater.These terms shall not include responsible pruntng of
trees.
M."Replacement Trees."Trees other than Preserved Trees that are three (3)
inches in caliper or greater at planting except when authorized by the Plans
Review Specialis or the Arborist.
N.--"Tree "Any self-supporting woody perennial plant of more than two (2)
inches DBH reaching an overall height at maturity of at least fifteen (15)
feet.The canopy of the mature tree shall be ten (10)feet or more above
ground level with the height of the canopy of the inunature tree being
proportional to the current size of the tree.Large woody shrubs do not
qualify as trees.
O."Tree Masses."Existing contiguous tree groupings containing over twelve
(12)trees and the associated undergrowth.
P."Tree Topping."Severe cutting back of limbs to stubs larger than three (3)
inches in diameter within the tree's crown to such a degree so as to remove
the normal canopy and dis6gure the tree.
III.SCOPE
The provisions of this ordinance shall be applicable to all properties in the city of Little
Rock except for:
(1)Those districts zoned agriculture and forestry {AF)and mining (M);
{2)Properties of two acres or less zoned single or double emily
districts Rl,R2,R3 and R4;and
I
(3)Those areas of the city of Little Rock designated "Mature"by the
Planning Department and approved by the Planning Commission.
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IV.WHEN A PERMIT IS RKQUIRKD
Except as herein provided,a property owner or agent thereof shall not allow the removal
of more than seven (7)trees without first obtaining a tree removal permit.The Plan
Review Specialist or Arborist may exempt the need for the aforementioned permit on a
limited case-by-case basis (for boring,well-testing,etc.).An excavation permit may also
"be required;excavation permits are available at the Little Rock Public Works Department.
V.PERMIT RKQUIRKMKNTS;LANDSCAPE AND TREE PRESERVATION
PLAN
A.Prior to the issuance of a permit for tree removal,the applicant must have a
Landscape and Tree Preservation Plan approved by the Plans Review
Specialist or the Arborist.The Landscape and Tree Preservation Plan may
consist of multiple documents.No land alteration shall be permitted until
all necessary plans permits,except building permits,have been issued and
construction is immediately eminent.If construction has not occurred
within three (3)months then all buffer requirements shall be met.
B.The following information shall be shown on all Landscape and Tree
Preservation Plans:
(1)Names,addresses,and telephone numbers of the owner(s)of the
property,the developer,and the designer;
(2)A separate document showing all dimensions,property lines and lot
lease lines.
C.The following additional information shall be shown on Landscape and
Tree Preservation Plans for new developments:
(1)North arrow,scale and date of preparation;
(2)The location,species and size of all existing trees six (6)inches or
more DBH to be designated Preserved Trees and the outline of all
Tree Masses and shrub masses to be preserved including
corresponding critical root zones and areas being preserved;
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(3)Mater 6ows,rock outcroppings,etc.occurring in nature of
significance;
(4)The location of all proposed plant materials and the common and
botanical names,together with the quantity,spacing and size of all
plant materials;
(5)Tree fencing and/or other method of protection during
construction;
(6)Extent of irrigation or water sources;
(7)Phasing lines if the development is to be constructed in stages;
(8)Existing and proposed~ctures,mechanicals,parking spaces,
driveways,sidewalks,dumpster locations and screening,wheel
stops and curbing or other vehicular use controls;
(9)Existing or proposed utilities and whether the utilities will be above
ground or below ground,6re hydrants,and storm sewers (this
would include those in the adjacent Hght-of-way);
(10)The location of cuts or 6lls,drainage,wet or dry detention basins
and significant rock formations;
(11)Planting specifications including soil preparation,staking and
necessary measures to ensure plants thrive;
(12)A sample of an exterior elevation and a wall section for required
opaque screening;
(13)Procedures and methods to be followed concerning signi6cant
slopes or cuts and associated trees within hillside benches;
(14)For sites with cuts or 6H over 10 feet,representative cross sections
showing relative elevations with respect to abutting properties and
streets,both before and after development;
(15)For sites over Qve (5)acres in size,topographic information
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I
sufficient to demonstrate surface water drainage on the site both
before and after implementation of the Landscape and.Tree
Preservation Plan;
(16)Description of existing soil types,vegetation and other landscape
.considerations;
{17}An overlay identifying the outline of existing Tree Masses and the
prominent tree species,the average DBH and condition of the trees
in each mass,and whether or not such trees are to be Preserved
Trees;
(18)Identification of where trees,vegetation and soils are to be
protected and removed including specifics on how trees and
landscape are to be protected;
(19}All buffer areas.
D.The Landscape and Tree Preservation Plan shall be reviewed by the Plan
Review Specialist in conjunction with the Arborist.
E.The use of Berms is encouraged in all Landscape and Tree Preservation
Plans
VL VIOLATION,ENFORCKMKNT AND PKNALTIKS
A.It shall be the duty of the Department of Planning and Development to
enforce the provisions of this chapter.Consistent with these duties and
prior to the issuance of the certificate of occupancy,the Plans Review
Specialist or the Arborist shall conduct a Gnal inspection of the site and
insure compliance with the Landscape and Tree Preservation Plan.
B.Viiolations of any provisions of this chapter shall be considered as
misdemeanors;every violation shall be considered a separate offense.
C.The permit applicant,developer(s),owner(s),and general contractor(s)of
the property subject to the permit shall be considered the violator and shaH
be jointly and severally liable for all fines levied pursuant to this chapter.A
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fine not less than two hundred and fifty dollars ($250)per violation per day
may be levied for each violation of this chapter.Each tree removed or
improperly preserved shall be a separate violation.
D.When a violation of this Chapter exists the enforcing agent shall issue a
written notice of violation which shall include the time within which the
violation(s)must be corrected.The notice of violation shall specify those
sections of this chapter of which the violator is in violation.Said
violation(s)must be corrected as soon as possible,however,in no case
shall a violation be permitted to exist beyond five (5)days.Ifthe violator
has been issued other written orders within the preceding twelve-month
period,the notice may require the violator to abate the violation within
twenty-four (Z4)hours.
E.If the violator refuses to comply with the written order,the enforcing agent
may issue a stop work order and/or revoke all permits including the
building permit.Additionally,when in the judgement of the enforcing agent
an emergency exists,an order to immediately cease and desist may be
issued.The violator shall be responsible for any and all fines that accrue
during the time of the violation and will not be issued an occupancy perinit
until all Gnes are paid in full.The violator shall have a maximum of thirty
(30)days 6'om the date of the written order to appeal to the City Beautiful
Commission.If,in the judgement of the Plans Review Specialist or the
Arborist,the current season of the year is not conducive to sustaining life
for trees,compliance with these provisions may be postponed for not more
than one hundred twenty (120)days.
Certificate of Occupancy shall not be issued if the property owner is in
violation of this ordinance.
6,Trees contained in an approved Landscape and Tree Preservation Plan that
have been removed or which die shall be replaced with replacement trees of
an equivalent total inches of DBH to that which was removed or which
died,unless otherwise approved by the Plans Review Specialist or Arborist.
This may be accomplished with more than one replacement tree.
VIL TREES IN PUBLIC RIGHTS-OF-WAY
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A.No person shall remove any tree located within the public rights-of-way or
other city owned property without a permit to do so being issued by the
Planning and Development Department.Such permit may be applied for in
conjunction with the application for a building permit.
B.No permit for the cutting down and removal of trees in the public rights-of-
way or on city property shall be granted unless the Plans Review Specialist
and the Arborist finds that one (1)or more of the foQowing conditions
exist:
(1}The tree is less than three (3)inches in caliper;
(2)The tree is diseased or injured and is accordingly unlikely to live for
much longer;
(3)The tree is within the area of a proposed structure to be
constructed upon the land,or so close to it as to render it
dangerous to the structure,or unlikely to survive.
C.It is understood that although utility companies are not under the auspices
of the tree preservation ordinance per se,every efFort will be made by the
above mentioned organizations to consult with the city arborist or the plans
review specialist before any construction activity takes place.
VHL REPLACEMENT TRKKS
At least eighty (80)percent of any street and parking lot Replacement Trees shall be
selected Rom the following list of species:
Botanical Name Common Name
Deciduous -Large (Average 60'eight x 40'idth)
t
Celtis laevigata Sugar Hackberry
Pagus grandifolia American Beech
Praxinus pennsyvanica Green Ash
Liriodendron tulipifera Tulip Tree
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Magnolia acuminata Cucumber Magnolia
Platanus occidentalis Sycamore
Quercus acutissima Sawtooth Oak
Quercus saba White Oak
Quercus falcata Southern Red Oak
Quercus michauxii Swamp Chestnut Oak
Quercus nigra Water Oak
Quercus-nuttallii Nuttall Oak
Quercus palustris Pin Oak
-=Quercus phellos -Willow Oak
Quercus shumardii Shumard Oak
Acer rubrum 'Drummondii'ed Maple
IX.TREE PRESERVATION AND PLANTING
A,Trees shaU be preserved and planted in accordance with the design
standards contained within the Landscape and Tree Protection Ordinance
and the design guidelines contained in the Site Development Guide.
Preserved Trees must have the area within the dripline fenced with
protective fencing and protected &om development activities.For each
existing tree preserved and incorporated into the landscape design,the
following credits shall be applied to the minimum tree requirements:
Preserved Tree DBH Credits toward
6 —12 inches 2 replacement trees
greater than 12 inches 3 replacement trees
B.Continued Maintenance.Once a Landscape and Tree Preservation Plan
has been submitted and approved,the Landscape and Tree Preservation
Plan shall remain on file with the city,and the site shall be maintained
according to the Landscape and Tree Preservation Plan.Any landscaping
materials or trees that die or are otherwise removed or destroyed shall be
replaced as soon as reasonably possible in accordance with the Landscape
and Tree Preservation Plan and the minimum requirements of this sub-
chapter,whichever is more stringent.
C.Plant material used for compliance with the provisions of this article shall
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I
conform to the "American Staadards for Nursery Stock,I-73","Grade
No.1,American Association of Nurserymen,Inc.,or equal thereto.This
ordinance specifically prohibits the use of artificial plants or trees in
outdoor landscaping.
D.The developer,his successor and the property owner shall be responsible
for all trees oa the private property of the development and abutting right-
of-way.Trees,which are preserved or installed that exhibit evidence of
insect pests,disease and/or damage shall be appropriately treated and dead
plant materials or trees shall be replaced
E.A minimum of seventy (70)percent of all existing healthy trees three (3)
inches DBH or greater within all required land use buffers shall be
preserved.A minimum of twenty five (25)percent of all existing healthy
trees six (6)inches DBH or greater within required street buffers for
properties zoned commercial must be preserved.A minimum of fifty (50)
percent of all existing healthy trees six (6)inches DBH or greater within
all other street buffers shall be preserved.The Preserved Trees shall be
distributed throughout the buffer.If preservation of preserved trees with
in street buffers is deemed to be an undue hardship by the Planning
Department preserved trees six (6)inches or greater witha a street bufFer
may be replaced with new trees of no less than six (6)inch caliper,
although the Planning Department may change this requirement if
necessary.
F.Required trees must be planted and maintained in compliance with good
horticultural practices.
G All planting of public and private trees shall be subject to the general
considerations of the health,safety,and aesthetic value to the whoje
coaununity.
X.TREK PROTECT?ON
A Land alteration work shall be properly supervised by a superintendent
capable of understanding the plans aad with authority to issue orders to
employees performing the land alteratioa.
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B.Prohibited Activities.The developer and his assigns shall not allow any of
the following activities to occur in or around protected trees or groups of
trees or any area designated "undisturbed"or "preserved'*on the
applicant's Landscape and Tree Preservation Plan:
(1)Material storage.No storage of any kind is allowed within the
Critical Root Zone (this includes,but is not limited to,construction
materials,waste storage,and excess materials from excavation);
-=(2)Equipment cleaning/liquid disposal,No equipment shall be cleaned
or other liquids deposited or allow to floor within the limits of the
critical root zone of any protected tree,group of trees,area of
vegetation,or water area (this includes,but is not limited to,paint,
oil,solvents,asphalt,concrete,mortar etc.);
(3)Tree attachments.No signs,wires,or other attachments shall be
attached to any protected tree;
(4)Vehicular traf5c.No vehicular and/or construction equipment
traSc or parking shall take place within the critical root zone of any
protected tree other than on an existing street pavement;
(5)Grade changes.No grade changes shall be allowed within the limits
of the critical root zone of any protected tree unless adequate
construction methods are approved by the Plans Review Specialist
or the Arborist;
(6)Impervious paving.No paving with asphalt,concrete or other
impervious materials in a manner which may reasonably be
expected to kill a tree shall be placed within the limits of the critical
root zone.
C.Pre-Construction Tree Protection.Tree protection must be in place prior
to the arrival oF any heavy 'equipment on the site or the beginning of any
construction.The following procedures shall be in place prior to any land
alteration except that necessary to install the tree protection;
(1)All protected trees or groups of trees to be preserved shall be
flagged with brightly colored vinyl tape wrapped around the main
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I
trunk at a height of four (4)feet or more such that the tape is
clearly visible to workers on foot or driving equipment;
(2)AH protected trees or groups of trees shall have protective fencing
located at.the tree's dripline or beyond:
—.XL——TREES-IN Situ:KT BUYERS
A.Minimum required street buffers shall have at least one tree per four
hundred (400)square feet.No more than one hundred (100)feet
of the street buyers,excluding driveways,may be without a tree.
B.Street buBer tree requirements shaH be ful611ed within the street buffer and
preserved or replacement trees shall be placed throughout the street buffer
XIL TREK PRUNING
A.Required Pruning.The owners of all trees adjacent to public roadways
shall be required to maintain a minimum clearance of fourteen (14)feet
above the public street and eight (8)feet above sidewalks.Owners shall
also prune and maintain trees so that they do not interfere with trafhc
signals or signs,street lighting,or roadway line of sight requirements
Owners shaH remove all dead,diseased or dangerous trees,and broken or
decayed.limbs.Pruning shall be done in accordance within accepted
standards that maintain both the appearance and health of the tree."Tree
topping"is specifically prohibited by this ordinance.Crape Myrtles shall
not be trimmed lower than six (6)feet in height above grade.
B.Utility Pruning,It is understood that although utility companies are not
under the auspices of the tree preservation ordinance per se,every effort
will be made by the above mentioned organizations to consult with the
Arborist or the Plans Review Specialist before any construction activity
takes place.UtiTities and their agents shall make all efforts to minunize tree
or Hmb removal along their respective utility easements.Utilities shall not
remove or damage trees outside the area of their respective utility easement
or they will be subject to all civil liability available pursuant to Arkansas
law,
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C Construction Pruning.In a case where a low hanyng limb may be broken
during construction,the limb may be cut.In no instance shall the pruning
involve a portion of the trunk or more than twenty-five (25)percent of the
canopy.
-XQ —STAÃDAIU)S-FC)R PRESERVED STANDS OF TREES
The Plans Review Specialist or Arborist shall visit each site over two (2)acres in size,and
review photographs of each site two (2)acres or less in size,for which there is a
Landscape and Tree Preservation Plan in order to verify that the trees to be preserved
pursuant to the Landscape and Tree Preservation Plan are of sufhcient size,quantity and
quality to warrant preservation.Trees that do not warrant preservation shall not qualify as
Preserved Trees.
XIIL TREE LOSS IN LIEU ACCOUNT
A,The Finance Department shall be responsible for receiving,recording,
depositing and reporting in-lieu cash contributions as determined by the
Planning 4 Development Department,The Finance Department shall
maintain a tree improvement account and shaH maintain records of in-lieu
cash contributions and furnish a yearly report summarizing the account to
the Planning 4 Development Department,This report shall include both
the principal and the interest earned for the accounting period.
B.In-lieu tree improvement cash contributions are required if
(I)The Planning k Development Department determines in a specific
written findin that the required minimum number of trees to be
planted or preserved pursuant to this ordmance is not obtainable
without unreasonable burden;or
I
(2)A variance Rom the requirements of this ordinance is granted which
reduces the number of trees that will be planted or preserved fiom
the minimum number of trees required by this ordinance,
C.In-lieu of tree improvements cash contributions.The owner or developer
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shall contribute to the city a cash payment equal to one hundred (100)
percent of a registered professional landscape architect or arborist's
estimate of the cost of the trees t'equired by this ordinance that will not be
planted or preserved due to the finding of unreasonable burden or a
variance,and the cost of planting such trees.The Planning k Development:'.
Department shall determine the required cash payment In-lieu
contributions shall be reimbursed with interest,as determined by the
Finance Department,when not expended within ten (10)years &om the
date of the completion of development under the Landscape and Tree
Preservation Plan,Those contributions placed in-lieu as a requirement of
this ordinance shall be released to the owner of record or his assigns only
after review and authorization by the City Beautiful Commission,the
Board of Directors,or both.
D.If in-lieu contributions are to be made,the Landscape and Tree
Preservation Plan shall not be approved until'.
(1)The tree requirements pursuant to this ordinance are waived or
granted variance;and
(2)A copy of the receipt for the required cash contribution has been
received by the Finance Department
E.In-lieu contribution funds shall be spent on tree planting and care
improvements to the corresponding general area of development,as
approved by the Planning 4 Development Department.
XIV.TREES IN PARKING LOTS
A,New Parking Lots.Trees shall be included in the interior landscaping
areas at the rate of one (1)tree for every twelve (12)parking spaces.
XV.PARKING LOTS
A.Existing Parking Lots.For purposes of this sub-chapter,the term "parking
lot"shall mean any non or semi-permeable surface area presently used or
originally designed for the temporary or permanent parking of motor
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vehicles.The term "parking lot"lot shall not include:
(1)Those parking lots used for the licensed sale of new or used motor
vehicles;
(2)Those containing 26 standard parking spaces or less or a square
footage of 9,360 feet or less;and
(3)Those parking lots located in land use areas zoned industrial.
B.Parking lots existing at the time of the passage of this ordinance shall meet
Qfty (50)percent of the tree requirements for newly developed parking lots
as required in Section VIQ,A.by January 1,2006 and one hundred (100)
percent compliance must be achieved by January 1,2008.City staff may
reduce these requirements no more than ten (10)percent upon a specific
written finding of undue hardship.Those tree requirements for newly
developed parking lots dictating increased planting ratios for lots exceeding
the minimum parking requirements'hall not be applicable to this sub-
chapter.In achieving the mandate of this section:
(1)No more than 50%of the above tree requirements may be met with
trees planted along the perimeter of a parking lot (this perimeter
can include public rights-of-way immediately abutting the parking
lot,provided that said trees are neither placed or presently existing
under over-hanging power lines and have been approved by the
City and after a call to Arkansas One-Call),
(2)All trees planted within the interior of a parking lot must be placed
in an evenly dispersed fashion;
(3)All trees must be planted in a permeable area of at least six (6)feet
by six (6)feet;and
(4)All trees placed in a planting area of 96 square feet or less shall
contain an asphalt,'oncrete„or wood protective perimeter lip.
C.Prior to any attempt to comply with this ordinance,parking lot owners or
their agents shall present a sketch to scale of the parking lot to the Plans
Review Specialist.The sketch must evidence the existing parking spaces,
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existing trees,existing over-hanging power lines,proposed areas for
placement of trees,and existing and proposed trees species.
XVI.CONFLICTS
Where provisions of this Chapter conflict with any other ordinance,regulation,or
~resolution of the City,the most stringent provision shall be enforced.The provisions of
———-—--this-Chapter are considered minimum requirements.
XVIL SEVEBAB1LITY
If any provision of this Chapter is declared to be invalid,such declaration shall not affect,
impair,or invalidate the remaining provisions of this Chapter.
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SUFFER REQUIREMENTS [butYer requirements are part of a different Chapter of
the current code]
A.Minimuni requirements for street bdFers:[to replace 36-522 (3)]
(l)Utility easements may count as buffer if all utilities will be and
remain underground.
(2)Rights-of-way may not count as street buffers.
(3)The maximum street buffer requirement shall be 50 feet;
(4)Mmimum street buffers at any given point shall be at least fifty (50)
percent of the required bufFer,but at no time shall the street buffer
be less than nine {9)feet at any given point;
(5)The same requirements for street buffers shall be applicable to aU
properties adjoining restricted access U.S.Highways,but shall be
no less than 30 feet in depth at any given point.This minimum
requirement shall be in addition to any public right of way in
existence.
B Minimum requirements for land use buffers:
(1)At no time shall any land use buffer be less than nine (9)feet in
all areas;
(2)Rear property land use buffers shall be no less than seven
(7)percent of the average depth of the property to be developed;
(3)Side property land use buffers shall be no less than seven
(7)percent of the average width of the property on both sides;
(4)Adjacent property zoned Open Space may be used as a part of the
required land use buffer;
(5)Flexibility.Up to twenty-Gve (25)percent of a required land use
buffer can be moved Q.om one (1)property line to another for
purposes of improving visual esthetics or for other appropriate
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1
environmental or design concerns.
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LAND ALTERATION 12-29-99
CURRENT LAND ALTERATIONS PROPOSED LAND ALTERATIONS
REQULATIONS REQULATIONS
1.Section 29-167;Findings No Change
2.Section 29-168;Purpose Added the following:
(A)Allowed clearing without (A)Prohibit the indiscriminate
plans for development clearing of property.
(B)No requirement to conceal Scars (B)To conceal hillside scars
(C)To preserve the contours of the natural
landscape.
3.Section 29-169;General Requirements No Change
4.Section 29-170;Violations Added the Following:
(A)Was 2 inches (A)Increased the size of tree
replacement from 2 inches to
3 inches.
(B)No requirement (B)Added requirement that
replacement of trees is to be
done based on total equivalent
inches of diameter to that which
was removed.
(C)No requirement to mitigate (C)Added the requirement for the
developer to mitigate damage
to off -site property
resulting from siltation leaving the
site.
1
LAND ALTERATION 12-29-99
CURRENT LAND ALTERATION PROPOSED LAND ALTERATIONS
REQULATIONS REQULATIONS
5.Section 29-186;Required Added the following:
(A)No requirement (A)No land alteration shall be permitted until all necessary
City departments have approved all plans and permits,
except building permits,have been issued and
Construction is immediately eminent.For areas with no
building permit required,the disturbed areas are to be
graded suitable for mowing and revegetated.
lf construction has not occurred within 3 months then
all requirements for buffers shall be met
(B)Requirement for grading permit was for a 15 (B)Revised the requirement for grading
foot hillside cut or fill measured vertically.Cuts permits to include cutting the top of a hill or
or fills greater than thirty (30)feet shall be hillside cuts or fills greater than ten (10)foot
approved by the Planning Commission.to be done using ten (10)foot vertical terraces
or 3:1 slopes or fifteen (15)foot terraces if faced
with architectural stone.
(C)No option allowed (C)Added the option that construction of a
150 foot wide development area would again
allow the thirty (30)foot maximum cut or fill,
with vertical terraces.
(D)No requirement (D)Added the requirement that no more
than two-hundred (200)feet of terrace can be
in a straight line.
(E)No option (E)Allows excavations or fills to be made
without terraces provided the slope is three
horizontal to one vertical or flatter.Planting
requirements are the same as for terraces.
(F)Was 3,000 cubic yards (F)Reduced the volumn of construction
activity required for a grading permit from
3,000 cubic yards to 1,000 cubic yards.
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LAND ALTERATION 12-29-99
CURRENT LAND ALTERATION PROPOSED LAND ALTERATIONS
REQULATIONS REQULATIONS
(G)Was 25 percent of a tract with more than one (G)Added the requirement that a grading
acre~less tharr five (5)acres.permit is required for clearing all property in
the City of Little Rock except those districts
zoned agriculture,Forestry (AF),Mining (M),
and properties of two (2)acre or less zoned
Single family R1,R2,R3,R4 and R7 (A).
(H)Requirements in Landscaping Ordinance (H)Added the following:
Requires the preservation of a minimum of
seventy (70)percent of all existing healthy
trees,six (6)inches or more in diameter within
all required land use buffers and a minimum of twenty-
five (25)percent within street buffers.
(I)No requirement (I)Added the requirement that trees that die
be replaced in accordance with Chapter 15 of
the City Code.
(J)No requirement (J)Added the requirement that areas used for
stockpiling spoil material be limted to six (6)months and
be reseeded upon removal of stockpile.
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LAND ALTERATION 12-29-99
CURRENT LAND ALTERATION PROPOSED LAND ALTERATIONS
REQULATIONS REQULATIONS
——--(6)ection 29--147-Exemptions-
(A)all single family residents exempted (A)Added the following:
Construction on property of two (2)acre or
less zone single family R1,R2,R3,R4 and
R7 (A).
(B)All single family residential subdivisions with (B)All single family residential subdivisions
preliminary plat approval prior to February 1987.with preliminary plot approval prior to February
1987,and continue to be used for R1,R2,R3,
R4 and R7 (A)uses.
(7)Section 29 -188 -Contents of Grading and
drainage plans
(A)No Cross sections required (A)Added the following:
cross -sections shall be required every fifty
(50)feet on property where the depth of
excavation exceed ten (10)feet,show original
and final grades,with visual aids to show how
the final development,including planting and
landscaping will look.
(B)required Seal of Engineer,Architect,or (B)requires seal of Engineer,Architect or
Landscape Architect on grading and drainage Landscape Architect except for areas less than
plans for areas greater than five (5)acres,cuts or two (2)acres cut or fills not greater than ten
fills greater than fifteen (15)feet.(10)feet in height.
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LAND ALTERATION 12-29-99
CURRENT LAND ALTERATION PROPOSED LAND ALTERATIONS
REQULATIONS REQULATIONS
(8)Section 29 -189 Issuance Procedures
—-(A)Not-required (A)Added requirement for the work to be properly
supervised by competent superintendent.
Superintendent shall have ful!authority to direct all
employees on the site.
(B)Not required (B)Added protection requirements for trees that are
to be preserved.
(9)29-190 Grading and Drainage Plan Guidelines
(A)Not addressed (A)Adds requirements for plantings on terraces.Also
allows construction of 3:1 slopes without terracing.
(B)Requires Reasonable Schedule (B)Added requirement that open areas not planned
for immediate use be seeded or sodded.Exposed
soil exceeding 90 days will be required to be
revegetated.
(C)Not specifically required (C)Added requirement for construction of sediment
basin for each separate drainage area within the
property being developed.
(D)Not required (D)Added requirement for limiting construction
access to one location at the permanent access
point and to require gravel for a minumim of 100 feet
to prevent tracking mud onto the city street.
(E)Not required (E)Added requirement to prevent particulate matter
from becoming airborne.
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LAND ALTERATION 12-29-99
CURRENT LAND ALTERATION PROPOSED LAND ALTERATIONS
REQULATIONS REQULATIONS
(G)States "where feasible"(G)Requires that a temporary undisturbed perimeter strip
for erosion control purposes be maintained around areas
cleared of trees.
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12-29-99
ARTICLE VI.LAND ALTERATION REGULATIONS
DIVISION 1.GENERALLY
Sec.29-166.Penalty.
Any person convicted of a violation of any of the provisions of this article shall be
punished as provided in section 1-9.
Sec.29-167.Findings.
The city has in the past experienced development activity causing the
displacement of large amounts of earth and tree cover.Significant problems resulting
from such development have been flooding,soil erosion and sedimentation,unstable
slopes,and impaired quality of life.These problems are a concern because of their
negative effects on the safety and general welfare of the community.
(Ord.No.15,243,k 1(5A.1),2-17-87)
Sec.29-168.Purpose.
The purposes of this article are to:
(1)Prohibit the indiscriminate clearing of property.
(2)Prevent excessive grading,clearing,filling,cutting or siinilar activities.
(3)Substantially reduce flooding,erosion and sediment damage within the city.
(4)To safeguard the safety and welfare of citizens.
(5)Establish reasonable standards and procedures for development which prevent
potential flooding,erosion and sediment damage.
(6)Prevent the pollution of streams,ponds and other watercourses by sediment.
(7)Minimize the danger of flood loss and property loss due to unstable slopes.
(8)Preserve natural vegetation which enhances the quality of life of the community.
(Ord.No.15,243,4 1(5A.2),2-17-87)
(9)To conceal hillside scars
(10)To preserve the contours of the natural landscape and land forms.
Sec.29-169.General requirements.
Persons engaged in land alteration activities regulated by this article shall take
'easures to protect neighboring public and private properties from damage by such
activities.The requirements of this article,however,are not intended to prevent the
reasonable use of properties as permitted by chapter 36.
(Ord.No.15,243,&1(5A.3),2-17-87)
Sec.29-170.Violation,Enforcement and Penalties
(a)Violations of any provisions of this article shall be punishable as provided in
LRC 1-9,except that the continuing violation provisions of LRC S 1-9 (c)
shall not apply unless (a)an approved plan for correction of the violation(s)
has not been implemented by the violator within the time specified in the plan,
or (b)the violator fails to submit a required plan within the time specified.
(b)The permit applicant,developer(s),and owner(s)of the property subject to the
permit shall be considered the violator and shall be jointly and severally liable
for all fines levied pursuant to this article.Each tree removed or improperly
preserved shall be a separate violation.
(c)Any person who engages in land alteration activities regulated by this article
without obtaining a grading permit,shall be required to restore the land,to the
maximum extent possible to its original condition,
(d)When a violation of this article exists,the enforcement officer shall issue a
written notice of violation and may issue a limited stop work order to prevent
further violations.The notice of violation shall include the time within the
violation(s)must be corrected.The notice shall specify those sections of this
article which have been violated.Said violation(s)shall be corrected as soon
as possible,however,in no case shall a violation be permitted to continue
beyond five (5)days without the written approval of such longer period by the
city's designated agent.If the violator has been issued other written orders
within the previous twelve (12)month period,the notice may require the
violator to abate the violation within twenty-four (24)hours.If,the
judgement of the Plans Review Specialist the current season of the year is not
conducive to sustaining life for trees,compliance with these provisions may
be postponed for not more than one hundred twenty (120)days,provided
security is made available to assure completion.
(e)The violator shall have a maximum of thirty (30)days &om the date of the
written notice to appeal to the City Beautiful Commission.
2
(f)If the violator refuses to comply with the written order,the enforcing agent
may issue a stop work order and revoke all permits including the building
permit.Additionally,when in the judgement of the enforcement officer an
emergency exists,an order to immediately cease and desist may be issued.
The violator shall be responsible for any and all fines that accrue during the
violation and shall not be issued a certificate of occupancy until all fines are
paid in full and all violations under this article are corrected.
(g)The developer or owner shall have on the project site at all times an agent
who is a competent superintendent capable of reading and thoroughly
understanding the plans,specifications and requirements for areas of tree
protection experienced in the type of work being performed.The
superintendent shall have full authority to issue orders or direction to
employees working on site,without delay and to promptly supply such
materials,labor,equipment,tools,and incidentals as may be required to
complete the work in a proper manner.If no superintendent is on site,the city
enforcement officer may issue the notice of violation and limited stop work
order to the immediate violator.
(h)Trees with a diameter of six (6)inches or greater,that have been removed
without a grading permit or trees contained in an approved Landscape and
Tree Preservation Plan that have been removed or which die shall be replaced
with replacement tree(s)of at least three (3)inches in diameter (measured one
(1)foot above ground level),of an equivalent total inches of DBH (diameter
at Breast Height)to that which was removed or which died,unless otherwise
approved.
(i)If siltation from the construction site leaves the property and causes damage to
off-site property or bodies of water,the developer shall be required to mitigate
the damage by any means necessary.
Secs.29-171-29-185.Reserved.
DIVISION 2.GRADING PERMIT AND GRADING AND DRAINAGE PLAN
Sec.29-186.Required.
(a)Any person proposing to engage in clearing,filling,cutting,quarrying,
construction or similar activities regulated by this article shall apply to the
Department of Public Works for approval of plans and issuance of a grading
3
permit as specified in this article.No land shall be altered to the extent
regulated in this article unless such a permit is issued.
(1)No land alteration shall be permitted until all necessary city departments
have approved all plans,and all permits,except building permit,have
been issued and construction is immediately eminent.In those cases where
filling or cutting in areas with no trees,is to be done,the area is to be
graded suitable for mowing and revegetated.If construction has not
occurred within 3 months then all buffers shall be met.
(b)A grading permit is required for land alteration activities specified in
subsection (c)of this section.However,all construction work shall include
appropriate drainage and erosion control measures to protect neighboring
properties.Also,all properties within the designated floodplain shall be
required to obtain a grading permit without exception.
(c)Grading permits,which may be obtained as part of a building permit,shall be
required for any of the following activities:
(1)A top of hill or hillside cut or fills greater than ten (10)feet vertical.A
maximum of thirty (30)feet of fill or excavation (three,ten [10]foot
vertical terraces or two,fifteen (15))foot are permitted,however a
development area may be constructed a minimum of one-hundred fifty
(150)in width and at a slope of no more than eight (8)percent.Maximum
of thirty (30)feet of fill or excavation may again be utilized.The depth of
fill or excavation will be measured from the finish grade elevation to the
original ground line elevation.No more than two hundred (200)feet of
terrace can be in a straight line and a minimum of a ten (10)foot curved
section,jog,or offset is required for each additional 200 feet of terrace.
For excavations or fills constructed with slopes flatter than 3:1 (three
horizontals to one vertical),terraces are not required nor are there a limit
on the height of cut or fill.Planting requirements on these 3:1 slopes will
be the same as required for terraces,and be spaced uniformly over the
slope.
(2)Any construction activity where the total volume of cut or fill is equal to
or greater than one thousand (1,000)cubic yards.
(3)Clearing or cutting of trees on all property in the City of Little Rock
except for those districts zoned agriculture and forestry (AF)and mining
(M),and properties of two (2)acres or less zoned single or double family
districts Rl,R2,R3,and R4.
4
(d)Prior to issuance of a grading permit,a grading and drainage plan must be
submitted to and approved by the Department of Public Works for activities
s'pecified in paragraphs (c)(1),(c)(2)and (c)(3)of this section.
(e)A minimum of seventy (70)percent of all existing healthy trees with a D.B.H.
(Diameter at Breast Height)of six (6)inches or more within all required side
yard and backyard buffers and a minimum of twenty-five (25)percent of all
existing healthy trees with a D.B.H.of six (6)inches or more within all
required street buffers must be preserved.Trees that die shall be replaced as
set out in Chapter 15,Article III,Tree Protection and Preservation.
(f)When the application is for a planned unit development,conditional use
permit,site plan review,subdivision,or multiple building site approval,a
grading and drainage plan shall be required in the application to the Planning
Commission only if any of the activities specified in subsection (c)of this
section are involved.
(g)Utility organizations may obtain a one-time approval from the Department of
Public Works for all routine tree trimming and installation,maintenance,
replacement and repair of fence and sign posts,telephone poles and other
kinds of posts or poles and overhead or underground electric,water,sewer,
natural gas,telephone or cable facilities.The approval will include a utility
organization and its contractors,agents or assigns and will be permanent in
nature as long as the original approved procedures are followed.However,
large-scale utility projects involving clearing of areas over twenty-five (25)
feet in width shall not be authorized by one-time approval of all projects.In
such cases,a separate grading permit must be obtained for each project.The
land use shall be considered to be equivalent to industrial uses covered by the
provisions of this article.
(h)One-time approval may be obtained by public or private entities for the
stockpiling of construction spoil material at particular locations for a limited
time period,not to exceed (6)six months.Grading and replanting of grassed
areas is required upon removal of stockpile.
(Ord.No.15,243,&1(5A.4),2-17-87;Ord.No.15,833,&2,4-3-90)
Sec.29-187.Exemptions.
A grading permit shall not be required for:
(1)Construction on properties of two (2)acre or less zoned single family districts
Rl,R2,R3,R4 &R7 (A)and on property zoned agriculture and forestry
(AF).
5
(2)Previously platted single-family residential sub-divisions including those for
which preliminary plat approval was given prior to February 17,1987.
(3)Emergency work or repairs to protect life,limb,or property.
(4)Mining and mining operations.These fall under the Arkansas Open Cut Land
Reclamation Act [A.C.A.Section 15-57-301 et seq.],which is regulated by
the state Department of Environmental Quality.
(Ord.No.15,243,k 1(5A.5),2-17-87;Ord.No.15,833,A 3,4-3-90)
Sec.29-188.Contents of grading and drainage plans.
(a)The plan shall identify the following:
(1)Acreage of the proposed project.
(2)Land areas to be disturbed,shown by hatching or specking such areas which will
be graded,cut,filled,or cleared.
(3)Stages of grading showing the limits of sections to be graded and indicating the
approximate order o f development.
(4)The extent of cuts and fills,shown by drawing a dashed line along the top of the
cut and toe of the fill and marking the lines "C"and "F".The height and slope of
cuts and fills also shall be indicated.Cross sections shall be required every fifty
(50)feet on property where the depth of excavation or fill exceeds ten (10)feet,
showing original and final grades and will include visual aids to show how the
final development,including planting,and landscaping will look.
(5)Provisions for collecting and discharging surface water.
(6)Erosion and sediment measures,including structural and/or vegetative measures.
(7)Seal and signature of a registered engineer,architect,or landscape architect
qualified under state regulations to certify that the sketch grading and drainage
plan complies with this article.However,plans for areas less than two (2)acres
where cuts or fills are not greater than ten (10)feet in height or where only tree
clearing activities are to be undertaken may be prepared by a contractor or the
property owner.
(b)In addition to the requirements for a grading and drainage plan,a complete grading
and drainage plan shall include the following:
(1)Seal of a registered engineer certifying that the grading and drainage plan
complies with this article.The seal of a registered architect or landscape
6
architect will be acceptable if all required boundary street and drainage
improvements are in place.
(2)A vicinity drawing showing:Location of property lines;location and names of
all existing or platted streets or other public ways within or immediately adjacent
to the tract.
(3)Location of all known existing sewers,water mains,culverts and underground
utilities within the tract and immediately adjacent thereto;location of existing
permanent buildings on or immediately adjacent to the site if right of entry can be
obtained to locate same.
(4)Citation of any existing legal rights-of-way or easements affecting the property.
(5)Soil loss calculations as estimated by the universal soil loss equation.Allowable
soil loss shall not exceed five (5)tons per acre per year.Examples of soil loss
calculations are contained in the City's Stormwater Management and Drainage
Manual.
(6)A plan of the site at a minimum scale of one (1)inch equals one hundred (100)
feet showing:
a.Address and telephone number of owner,developer,designer and person
responsible for maintenance of the temporary and/or permanent erosion and
sediment control measures.
b.The approximate location and width of existing and proposed streets.
c.The locations and dimensions of all proposed or existing lots.
d.The locations and dimensions of all parcels of land proposed to be set aside
for parks,playgrounds,natural condition perimeters,pubic use,or for the use
of property owners in proposed development.
e.Existing and proposed topography at a maximum of five-foot contour
intervals.
f.An approximate timing schedule,indicating the anticipated starting and
completion dates of the development;a timing schedule for the sequence of
grading and application of erosion and sediment control measures.
g.Acreage of the proposed project.
7
h.Identification of unusual material or soils in land areas to be disturbed.If any
surface indications of unusual materials or soils that would cause street or lot
instability,such as nonvertical tree growth,old slides,seepage,or depressions
in the soil are visible before grading,they should be noted and accompanied
by the engineer's,architect's,landscape architect's,or contractor's
recommendation for correcting such problem areas.
i.Identification of suitable material to be used for fills shall be accomplished
before actual filling begins.If there are any surface indications that local
material is not suitable for fills,those areas to be filled with outside material
should be identified and the type and source of the fill noted.
j.Specification of measures to control runoff,erosion and sedimentation during
the process of construction,noting those areas where control of runoff will be
required during construction and indicating what will be used,such as straw
bales,sediment basins,silt dams,brush check dams,lateral hillside ditches,
catch basins,etc.
k.Measures to protect neighboring built-up areas and city property during
process of construction,noting work to be performed,such as cleaning
existing ditches,storm culverts and catch basins or raising existing curbs in
neighboring areas.
l.Provisions to stabilize soils and slopes after completion of streets,sewers and
other improvements,noting on the grading plan when and where ground cover
will be planted,also noting any other means to be used such as placement of
stone embankments and riprap or construction of retaining walls.
(Ord.No.15,243,4 1(5a.14),2-17-87;Ord.No.15,833,kA 4,5,4-3-90)
Sec.29-189.Issuance procedure.
For each grading and drainage permit to be issued,the following procedure must
be followed:
(1)The grading and drainage plan shall include areas of tree protection,erosion
and sediment control provisions meeting standards established by the
Department of Public Works in the stormwater management and drainage
manual.
(2)The Department of Public Works shall in writing approve,disapprove or
recommend modification of the grading and drainage plan within ten (10)
working days after the date of submittal,unless Planning Commission
approval is required or a sketch grading and drainage plan must be submitted
as part of Planning Commission application.Failure of the Department of
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Public Works to act upon a plan within the required ten (10)working days
shall result in automatic approval of the plan.
(3)On all applications for which Planning Commission approval is required,the
application shall file an application with the Planning and Development
Department for item to be considered at the next available planning
commission agenda after the ten-day review period.Sketch grading and
drainage plans shall be reviewed and reported upon by Department of Public
Works by the time of the applicable subdivision committee meeting,if
possible,but not later than the applicable Planning Commission meeting.
Except for residential subdivision work,the approval of a sketch grading and
drainage plan shall not eliminate the need to submit and have approved a
complete grading and drainage plan,prior to issuance of a building permit or
the initiation of work.For residential subdivision work,only a sketch grading
and drainage plan shall be required,and clearing and grading work may
proceed prior to approval of construction drawings.The sketch plan for
residential subdivisions must indicate how runoff,erosion,sedimentation will
be controlled only during street construction.
(4)Upon approval of the final plan,the Department of Public Works shall issue a
grading permit.A superintendent capable of understanding the plans and
with authority to issue orders to employees performing the land alteration
shall properly supervise the land alteration work.The Department of Public
Works may issue a stop order if,upon inspection,he/she determines that the
work is not progressing in accordance with the approved plan.Groups of
trees and individual trees that are not to be removed,and required undisturbed
buffer areas,shall be protected during construction by protective fencing
located at the tree's dripline or beyond and shall not be used for material
storage or any other purpose that affects the root zone.The fencing shall be
placed and maintained by the owner until the major construction (excavation
and/or fill)has been completed.Individual trees to be preserved shall be
flagged with bright orange vinyl tape wrapped around the main trunk at a
height of four (4)feet or more such that the tape is clearly visible to workers
on foot or driving equipment.The Department of Public Works may allow
minor modifications of the plan to alleviate problems encountered by the
applicant during the process of construction.In reviewing applications for
modifications,the Department of Public Works may require from the
applicant's engineer,architect,or landscape architect appropriate reports and
data sufficient to make a decision.Major changes to plans approved by the
Planning Commission either in sketch or final form shall not be permitted
without resubmittal to the Commission.Examples of major changes are those
that substantially increase the height of cuts,the area of clearing or grading,
or impacts on neighboring properties.More than twenty (20)percent increase
in height,area or impact will normally be considered a major change.
Examples of increased impacts include reductions in buffer area,increased
9
runoff on to adjacent properties,and increased site area that is visible from
adjacent properties or public street.
(Ord.No.15,243,&1(5A.6),2-17-87)
Sec.29-190.Grading and drainage plan requirements.
Preparation of grading and drainage plans shall follow the stormwater
management and drainage manual and shall be designed on the basis of the
following considerations:
(1)Limiting cuts or fills to ten (10)feet in height,or to fifteen (15)feet,if
architectural stone protects vertical face.A maximum of thirty (30)
feet of fill or excavation is permitted.A series of smaller cuts or fills
with terraces,preserving portions of natural vegetation and providing
areas for planting,shall be used in situations where more than ten (10)
feet of cut or fill is needed.Terracing width shall be at a ratio of at
least one (1)foot of horizontal terrace for every one (1)foot of vertical
height,up to a maximum of ten (10)feet.Terraces shall be
landscaped with dense Evergreen plantings sufficient to screen the cut
or fill slope.If the cut or fill slope is faced with architectural stone
then the terrace plantings shall be a minimum of two (2)rows of trees
four (4)foot between the rows,staggered not more than twenty (20)
foot on centers.Shrubs and ground cover shall be required in
accordance with Section 15-112,15-115and 15-141 of the landscaping
section of the City Code.A cut or fill slope of 3:1 or flatter is
permitted in lieu of terraces,however the type and amount of
plantings required for the slope are the same as required for terraces
under Sections 15-112,15-115and 15-141 of the City Code.
(2)Planning of development to fit topography,soils,geology,hydrology,
and other existing site conditions.
(3)Providing for safety against unstable slopes or slopes subject to
erosion and deterioration,in order to protect human lives and property
(4)Grading to complement natural landforms.
(5)AAer grading,accomplish all paving,seeding,sodding,or mulching in
accordance with a reasonable schedule approved by the Department of
Public Works.Open areas not planned for immediate use will be
required to be seeded or sodded.Exposed soil exceeding 90 day
period will be required to be seeded,mulched or revegetated in
accordance with Chapter 29,Article II;Stormwater Management and
10
Drainage Plans,of the City Code and the Stormwater Management
and Drainage Manuel.
(6)Allocating to open space and recreation uses those areas not well
suited to development,as evidenced by existing competent soils,
geology,hydrology investigations and reports.
1
(7)Minimizing the potential for soil loss by retaining natural vegetation
wherever possible.
(8)Make appropriate provision such as those in the stormwater
management and drainage manual to accommodate stormwater runoff
and soil loss occasioned by changed soil and surface conditions during
and aAer development,including the use of vegetation and limitations
on soil exposure.
(9)Upon visual inspection by the City Inspector that silt,caused by the
construction,is leaving the property,additional measures to reduce
erosion may be required.
(10)Schedule permanent improvements such as streets,storm sewers,
curb and gutters,and other features for control of storm runoff as soon
as economically and physically feasible before removing vegetation
cover from the area,so that large areas are not left bare and exposed
for long periods of time,beyond the capacity of temporary control
measures.
(11)Install and maintain a temporary or permanent sediment basin,
debris basin,desilting basin or silt trap to substantially reduce
sediment from runoff water.The required size of the sediment basin
is to be three-thousand (3000)cubic feet per acre for property with
average slope greater than five (5)percent,or fifteen-hundred (1500)
cubic feet per acre for property with an average slope less than five (5)
percent.A sediment basin is required for each separate drainage area
within the property being developed.
(12)Construction access shall be limited to one (1)location (at
permanent access point)unless otherwise approved by the City.It
will also be required that construction access points be graveled for a
minimum of one-hundred (100)feet or otherwise protected from
tracking onto the City street.
(13)Make appropriate provision to prevent particulate matter from
development sites from becoming airborne.
11
(14)A twenty-five (25)foot,perimeter strip shall be temporarly
maintained for erosion control purposes and kept undisturbed except
for reasonable access for maintenance,around areas cleared of trees.
In addition,a minimum strip twenty-five (25)feet wide,undisturbed
except for reasonable access,shall be provided along with each side of
stream with a ten-year storm of greater than one hundred fifty (150)
cubic feet per second.The twenty-five-foot strip shall be measured
from the top of the bank.An exception to this requirement is given
where the only work being done on the site is public street
construction.
(15)Maintaining a temporary perimeter strip,undisturbed except for
reasonable access,around cuts or fills for erosion control purposes.
The perimeter standard sFiall have a width equal to the height of the
cut or fill up to a maximum width of twenty-five (25)feet.The widths
of these undisturbed areas should be adjusted to maximize the
preservation of existing trees and may be reduced where structures
placed on the site substantially lessen the visibility of the cut or fill
from abutting properties or street.An exception to this requirement is
given where the only work being done on the site is public street
construction.
(16)Minimize the risk of pedestrian and vehicular traffic in the vicinity
of a cut or fill,from traffic by placement of handrails,guardrails,and
fencing landscaping between traffic and the cuts or fills.
(17)Additional landscape treatments must be provided in accordance
with the landscape ordinance of the City,section 15-81 et seq.
Sec.29-191.Unified plan and permit.
One (1)plan may be submitted incorporating provisions for compliance,where
applicable,with the city's zoning,landscaping,drainage detention,grading,clearing,
filling,cutting,quarrying,and construction requirements
Sec.29-192.Declaration of certain action.
In an application to comply with any of the City's requirements specified in this
division the applicant must declare large or extensive land alterations described in section
29-186,subsection (c).
(Ord.No.15,243,&1(5A.9),2-1-87)
12
Sec.29-193.Fees.
A fee for each grading permit shall be paid as set forth below to the city collector by each
person seeking a permit for land alteration activities.The permit fee is to defray the costs
of reviewing the site grading and drainage plan,making onsite inspections,providing the
'ther services required in the administration of this article.
Total Project Area (acres)Fee
Less than '/2,per permit .$50.00
/2 to 1,per permit ..$100.00
Greater than 1,per acre up to a maximum of $550.00....$100.00 for first acre,
$50.00 for each additional acre,up to a maximum of 10 acres.
(Ord.No.15,243,4 1(SA.10),2-17-87)
Sec.29-194.Inspection and c'ompliance.
(a)The Department of Public Works shall be responsible for determining whether
construction is proceeding according to the approved grading and drainage plan.
(b)Inspections of the development site shall be performed by Department of Public
Works inspectors.In applying for a grading permit,the applicant shall be deemed
to have consented to such inspections.
(c)The Department of Public Works,through such periodic inspections,shall ensure
that erosion control measures are implemented within one (1)week after cessation
or completion of all or portions of authorized work.The Department of Public
Works may where necessary order remedial work or issue a stop order in
accordance with the procedures in sections 29-9 and 29-10.
(Ord.No.15,243,&1(SA.11),2-17-87)
Sec.29-195.Appeals.
Final decisions of the Department of Public Works regarding grading and
drainage plans shall be subject to review by the planning commission,provided an appeal
is filed by the applicant within thirty (30)days after the date of the final written decision.
All appeals shall be reviewed by the subdivision committee prior to Planning
Commission action.Notice of the appeal shall be given to adjacent property owners,
including those across a street or alley from the subject property,at least ten (10)days
prior to the Planning Commission meeting at which the appeal is to be considered.The
notice shall be by certified mail and shall be the responsibility of the applicant.
(Ord.No.15,243,k,1(SA.12),2-17-87)
13
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January 20,2000
There being no further business before the Commission,the
meeting was adjourned at 6:35 p.m.
Data /4'
Sec ry Chairman