pc_05 23 1996I.
II.
LITTLE ROCK PLANNING COMMISSION
PLANNING HEARING
SUMMARY AND MINUTE RECORD
MAY 23, 1996
3:30 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being seven (7) in number.
Approval of the minutes of the April 11, 1996 meeting.
The minutes were approved as mailed.
Members Present:
Members Absent:
City Attorney:
Ramsay Ball
Sissi Brandon
Hugh Earnest
Doyle Daniel
Herb Hawn
Bill Putnam
Mizan Rahman
Suzanne McCarthy
Pam Adcock
Ron Woods
Larry Lichty
Stephen Giles
LITTLE ROCK PLANNING COMMISSION
PLANNING HEARING
AGENDA
MAY 23, 1996
I. DEFERRED ITEMS:
A. Land Use Plan Text Adoption and Definition Changes
II. DISCUSSION ITEMS:
1. 1996 Zoning Ordinance Amendments
May 23, 1996
Planning Hearing
ITEM NO.: A
NAME: City Land Use Plan Amendment -
Accompanying Text and Land Use
Definitions
STAFF REPORT:
The City Planning Staff is proposing a written document to
supplement the City's Land Use Plan map. While the land use map
gives a broad picture of the City's land use, written text allows
for an expanded description of the usage, the highlighting of
specific or strategic locations, and an explanation for suggested
uses. The base of the Land Use Plan Text/Narrative Textural
Document was taken from existing neighborhood and planning
district plans. Because many of those plans were developed in
the early 1980's, small changes were made to many of the planning
districts. The changes consisted of updating or deleting
statements which are no longer relevant, or proposed developments
that have since been implemented. The following districts had a
substantial amount of changes made or are newer planning
districts for which no text existed.
• District 2 - Rodney Parham: development principals were
added
• District 5 - Downtown: development principals added, text
added about the East Markham Entertainment District, the
Historic District, and MacArthur Park
• District 8 - Central City: development principals, in
bulletized section text added on Central High School.
• District 11 - I-430: area descriptives updated to reflect
current usage
• District 16 - Otter Creek: parks and open space addition,
text over proposed Otter Creek Park
• District 17 - Crystal Valley: new district
• District 18 - Ellis Mountain: was paired as one with Crystal
Valley, text deleted to reflect the district's new boundaries
• District 19 - Chenal Valley: new district
• District 20 - Pinnacle: new district
• District 21 - Burlingame Valley: new district
• District 27 - Fish Creek: new district
• District 28 - Arch Street South: new district
Due to concerns about the Transition Zone name, and
implementation of mixed use categories, Staff took this
opportunity to review the land use classification and definitions
and recommends the following changes.
May 23, 1996
Planning Hearing
ITEM NO.: A (Cont.)
Residential:
- change Low Density Multifamily (LMF) to Low Density
Residential (LDR) and add single family detached housing
as an allowed housing type.
- delete the Mixed Residential W) classification which
duplicates Low Density Residential
Industrial:
- create a more distinct separation between light and heavy
Industrial uses by eliminating warehousing and
distribution from the industrial definition.
Mixed:
- change wording from recommended to required in that a
planned development will be required for any mixed use
development that occurs in these categories (MCI, MOC,
MOI, Mow, MX).
Other:
- delete the categories of AG/I and SF/M
- addition of first sentence to Agriculture definition.
- change Transition Zone (TZ) to Transition (T) to
eliminate any confusion with zoning categories.
- In Transition (T) definition, concerning overlay
districts, amend text to read all properties not just
those along Highway 10.
Eliminate set floor area ratio for office use.
Eliminate warehousing as an acceptable use.
Eliminate requiring access only from a side street.
STAFF RECOMMENDATION:
Due to the definition changes, Staff needs to re-examine the text
for changes. Deferral to April 11.
PLANNING COMMISSION ACTION: (FEBRUARY 27, 1996)
Tony Bozynski, Planning Manager, stated staff was still reviewing
the wording and wished the item deferred to the April Plans
Hearing.
By unanimous (10 ayes, 0 noes) vote the Commission voted to defer
the item.
2
May 23, 1996
Planning Hearing
ITEM NO.: A (Cont.)
PLANNING COMMISSION ACTION (APRIL 11,1996)
Tony Bozynski, Planning Manager, stated staff was still reviewing
the document and wished the item deferred to the May 23, 1996
Planning Commission meeting. Tony Bozynski then briefed the
Commission on the purpose of the document and its background, and
reviewed the changes suggested to the land use classification
definitions.
The Commission asked questions about the changes to the
industrial definition and those concerning mixed uses. The
Commission agreed that more time was needed to review the
document.
By unanimous (10 ayes, 0 noes) vote the Commission voted to defer
the item.
STAFF UPDATE:
After further consideration, staff is recommending the addition
of the word "warehousing" to the land use definition of
Industrial.
PLANNING COMMISSION ACTION: (MAY 23, 1996)
Walter Malone, Planner II, reviewed the land use narrative. This
portion of the document makes current the land use narrative in
the different planning districts. The second part of the
document contains the land use definitions. Staff stressed the
change in wording for the mixed categories, changing recommended
to required. The Commission asked for clarification between the
definitions of Office and Suburban Office. After some discussion
it was decided that the Plans Committee would develop new
definitions for Office and Suburban Office.
By unanimous (7 ayes, 0 noes) vote the Commission voted to
approve the item.
3
May 23, 1996
Planning Hearing
ITEM NO.: 1
NAME/SUBJECT: 1996 Zoning Ordinance
Amendments
REQUEST: That the Commission hold a
review and instruction hearing
for purposes of receiving
public comment.
STAFF REPORT:
The Plans Committee has worked through the list of suggested
ordinance changes and offers fifty-two (52) specific amendments.
These vary from definition to use to procedure.
The Staff mailed copies of the proposals to the contacts list,
40+ persons and organizations requesting comments or an
appearance at this meeting.
The direction staff and committee requests is, to advertise a
public hearing for July 11, 1996 with follow-up to the City Board
for ordinance adoption later in the year.
The Subdivision element of this years work program will be
deferred until the fall and after the Board approves this
package.
Draf t 2
April 12, 1996
Discussion Outline
zoning Ordinance Amendments 1996
The comments to follow are to be utilized in concert with the
draft Ordinance presented for Planning Commission review. The
several subsections included parallel those in the Ordinance.
Subsection (a). This item addresses the staff concern that the
staff authority for setback variance is excessive and
becoming a standard, not an exception. Staff and committee
are recommending a reduction from 25% allowable to 10%.
(This amendment covers principal structures.)
Subsection (b). This item addresses the staff concern that the
staff authority for setback variance is excessive and
becoming a standard, not an exception. Staff and committee
are recommending a reduction from 25% allowable to 10%.
(This amendment covers principal structures.) (This
amendment covers accessory structures.)
Subsection (c). This item accomplishes two changes. One action
deletes the first sentence of the paragraph to eliminate an
implication that plans should be filed when a building
permit is requested. Staff and committee feel that, when a
plan is filed should be the owners option any time after
rezoning but before issuing the permit.
The second change is that the sentence requiring the
Subdivision Committee to make recommendation is deleted.
This is an action that has not occurred since the original
ordinance was developed because it redirects authority and
responsibility of the committee.
Subsection (d). This item provides for elimination of a conflict
between two provisions of Ordinance dealing with swimming
pools as accessory structures and buildings. The Staff and
Committee feel the deletion of this entry will clear the
issue.
Subsection (e). This item provides for introduction of new
definition of a new recycling business identified as a "MRF"
or materials recycling facility.
Subsection (f). This item provides for the introduction of "MRF"
as a conditional use in the I-1 Industrial District. (as an
enclosed use)
Subsection (g). This item provides for the introduction of "MRF"
as a permitted use in I-2 Light Industrial District. (as an
enclosed use)
Subsection (h). This item provides for the introduction of "MRF"
as a conditional use in I-2 Light Industrial District.
(with outside.activ,ity)
Subsection (i). This item provides for the introduction of "MRF"
as a permitted use in I-3 Industrial District. (with
outside activity)
Subsection (j). This item provides for elimination of a
duplicated entry under conditional uses in I-3 district and
at the same time inserts in its place a new entry to permit
other conditional uses allowed in I-2. This seems
appropriate since most industrial uses are already allowed
by right or conditional use.
Subsection (k). This item provides for elimination of
restrictive language in the commercial district provisions
dealing with accessory residential use. The current
ordinance provision restricts the allowable floor area to
20% of the building gross floor area. The proposed is to
allow an owner or dwelling occupant to occupy a dwelling in
a business building equal to the gross floor area devoted to
the business. This provision was placed in the ordinance
originally to allow uses such as a beauty shop or similar
commercial owner to live on site in the principal structure.
Subsection (1). This item provides for changing the Central
Little Rock Zoning Ordinance so as to remove the Board of
Adjustment as reviewing body for the conditional use
process. The ordinance will then direct filing of such
requests with the Planning Commission.
A secondary change in this section of the ordinance will
eliminate language that requires the Housing Authority to
comment on applications. That agency has for a number of
years stated that it has no interest in these matters since
the CLR project has been completed and expired.
Subsection (m). This item provides for a needed change in the
definition of studio, art, music, etc. The definition would
include a sentence that would eliminate commercial dance
studios by specifically limiting the definition to
instructing, counciling or coaching.
Subsection (n). This item is a follow-up to subsection(m) by
broadening the definition of "Amusement, commercial
(inside)". The change would be additional language to
specifically permit a dance facility.
Subsection (o). This item will provide the same language change
as (n) above. It will allow "Bar, lounge or tavern" to.have
a dance floor, charge for entry, etc.
2
Subsection (p). This item is one of several herein that will
provide specific direction as to where a restoration or
refinishing activity can be located with a antique shop.
Th-i-s-item is an expanded definition of antique shop
disallowing repair or restoration.
Subsection (q). This item follows (p) above by modifying the
definition to provide for "A-ntique Shop with repair." This
activity is limited to 10% of gross floor area.
Subsection (r). This item modifies the antique shop listing
under C-1 permitted uses to add the language "without
repair." This is a low intensity commercial zoning and
upholstery or restoration appear inappropriate.
Subsection (s). This item modifies the antique shop listing
under C-2 permitted uses to add the language "with repair."
This is the shopping center district and with a 10% of gross
floor area limitation the use would remain appropriate.
Subsection (t). This item modifies the antique shop listing
under C-3 permitted uses to add the language "with repair."
This is the general retail district and the 10% accessory
use is appropriate.
Subsection (u). This item modifies the definition of upholstery
shop and is one of two definition changes proposed in this
ordinance to separate auto repair from furniture repair.
This definition would permit auto upholstery only in an
enclosed structure.
Subsection (v). This item is a new definition to be provided
expressly for furniture upholstery and as in the auto
definition the use must be enclosed (inside the building).
Subsection (w). This item modifies the conditional use
"upholstery shop" listing under C-1 to add the word
"furniture".
Subsection (x). This item modifies the current C-3 conditional
use listing "upholstery shop" to add "furniture" and add a
new listing as conditional use "upholstery shop, auto."
This means, of the four commercial zones the byright listing
of both uses is in C-4. In other "C" zones it will be
conditional.
Subsection (y). This item modifies the permitted use upholstery
shop listing of C-4 to add the word "furniture" and then add
a new listing of "upholstery shop, auto."
Subsection (z). This item performs the same function in the.I-2
district as (Y) above.
3
Subsection (aa). This item modifies the conditional use permit
site plan review process. The intent being to eliminate the
reference to subdivision committee making a recommendation
to the full Commission on plans reviewed. The modification
will require the Committee to forward site plans with any
comments the Commission for final action.
Subsection (bb). This item provides for total elimination of a
section of the ordinance that is structured as negative
standards. It appears to be unnecessary and it is not known
why it is in the ordinance.
4
Subsection (cc)
This item addresses the need to include another
prohibited vehicle in this ordinance section.
The need is derived from constant citizen
complaint about parking these machines in single
-family neighborhoods. They are noisy, unsightly
and frequently brought home with a load of
trash.
Subsection (dd)
This item provides for a new definition in the
zoning Ordinance for street sweepers.
Subsection (ee)
This item provides for the listing in 11I-3" of a
use not now adequately provided within the use
group. Tire retreading or recapping as
conducted with current technology is a use
compatible with I-3 uses, and proposed to be by
right.
Subsection (ff)
This item provides for the listing in 11I-2" of a
use not now adequately provided within the use
group as conditional. This amendment suggests
the use can be compatible with 11I-2" activity
but that some review is necessary.
Subsection (gg)
This item provides for a new definition to be
tire recapping in as much as there is no use
definition currently.
Subsection (hh)
This item provides for those instances where an
owner is committed to a PD or PUD by a
developers action and needs to relieve the
property of a failed project. The action that
would be requested would be repeal of the
adopting ordinance which would only return the
site to is former classification. Notice would
be required by the owner to assure that the
neighborhood would be aware of the action taken.
This would be available for long and short form.
Subsection (ii) This item provides for specific language that
places height limitation on towers in the Tower
and Antenna Ordinance. The various zoning
districts would not control towers.
Subsection (jj) This item provides for correction of language
where the code publisher inserted the word
"require" in place of the word "review".
Subsection (kk) This item provides for modification of review
guidelines to insert a comment about the number
of employees that may live off -site. This
change would clarify item b. by stating that the
Arkansas State regulations on child care will
control.
Subsection (11)
This item changes the language to specifically
tie the three (3) year approval term to run from
date of ordinance adoption.
Subsection (mm)
This item moves language from paragraph five (5)
last sentence —to -the first sentence of paragraph
4. This will better position the requirement
dealing with substantial compliance.
Subsection (nn)
This item changes the language to provide for
the minimum landscaping being provided per
landscape ordinance.
Subsection (oo)
This item clarifies the type of submittal for a
phased plan (graphics) development standards.
Subsection (pp)
This item changes the language to provide for
the minimum landscaping being provided per
landscape ordinance.
Subsection (qq)
This provides for additional language in the PD
and PUD procedure for final approval. The
change would terminate the 3 year startup limit
once building permits are issued and require the
project be completed within the time limits
imposed by the permit.
This would pertain to phased or single element
projects, long or short form plans of PD or PUD.
Subsection (rr)
This item provides for the deletion of a
paragraph that deals with building permits.
This permit comment is not necessary. Both
sentences are redundant. A second change is
deletion of Item No. 3 since the commission no
longer participates in the final plan or plat
review.
Subsection (ss)
This item provides for the deletion of a
sentence that deals with building permits. This
item concerns preliminary plat or plat procedure
up to the Board of Directors. Permit issuance
is tied to final plan and does not belong here.
A change is proposed here to eliminate revised
plans being reviewed by the Board that the
Planning Commission has not acted upon.
Subsection (tt)
This item provides for modification of language
in the "final development plan" provisions to
eliminate the one year reference to revocation
of phased plans. Also, to eliminate the words
dealing with two (2) years to obtain a building
permit and allow the original preliminary three
(3) years to control. The current effect of
this second regulation five (5) years before
construction start.
Subsection (uu) This item deletes a sentence that currently
disallows height above that allowed by a
comparable zoning district to the PZD plan under
review.
Subsection (vv) This item deletes a sentence that implies the
Commission must approve some final plans for
PZD's.
Subsection (w.r) This item changes the wording to that used
throughout the ordinance and the definition.
This is the office district, POD,. under
permitted uses.
Subsection (xx) This item accomplishes the same as (ww) above
but in commercial or PCD.
Subsection (yy) This item clarifies the type of information
(graphics) required for submittal as a phased
program of PZD development (long form).
Subsection (zz) These items propose to add "studio broadcasting
(aaa) or recording" to C-2 and C-3 districts by right.
Currently, the Ordinance permits the use in 0-2
and 0-3 by right.
Subsection (bbb)This item provides for the insertion of the use
"feed store" as a permitted use within the I-2
district. It currently is not allowed at all.
Draft 3
May 3, 1996'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS PROVIDING FOR
MODIFICATION -OF VARIOUS PROCEDURES,
DEFINITIONS, LAND USE REGULATIONS AND
FOR OTHER PURPOSES.
WHEREAS, it has been determined by the Little Rock
Planning Commission that an annual review of these Chapters
is appropriate; and
WHEREAS, the Planning Commission has determined several
modifications are appropriate at this time
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That various provisions of Chapter 36 be
amended as follows:
Subsection (a) That Chapter 36., Section 36-
156.(a)(2)(a) be amended to provide for modification of
the last sentence of the first paragraph to read ten
(10%) percent and to then read as follows:
(a) Every part of a required yard, except as
provided herein, shall be open from its
lowest point to the sky unobstructed,
except for the ordinary projection of
sills, cornices, buttresses, ornamental
features, and eaves, provided, however,
that none of the above projections shall
project into a minimum side yard more
than thirty (30) inches. This shall be
deemed to include chimneys or similar
structural elements which are a permanent
feature of a building. The planning
director shall have specific authority to
grant a variance from this provision
provided the encroachment will not extend
into a required yard setback more than
ten (10%) percent of the ordinance
requirement.
For purposes of construction of ramps or
other devices, within a required setback
area, enabling access for the disabled,
the following shall apply: Applications
for building permits shall be reviewed by
OR
the staff of the department designated by
the city manager. This staff shall
assure that proposed construction meets
standards set forth within the traffic
code and does not impact access or
visibility for adjoining property. This
staff shall in all instances assure
compliance with the Americans with
Disabilities Act.
Subsection (b) That Chapter 36., Section 36-
156.(8)(2)(c) be amended to provide for modification of
the last sentence to read ten (10%) percent and to then
read as follows:
(c) Accessory buildings or structures in the R-1
through R-4 districts shall not be located
closer than sixty (60) feet to the front
property line, fifteen (15) feet from a
street side line and may not occupy more than
thirty (30) percent of the required rear yard
area. Accessory buildings or structures
shall in all instances be subordinate to the
principal structure on the lot and contain
less gross floor area. Accessory dwellings
shall not exceed the permitted land coverage
allowed by the district regulations.
Swimming pools and all appurtenant structures
both above ground and below grade of adjacent
yard area shall be construed to be accessory
structures and conform to the standards of
this section. The planning director may
authorize the encroachment of structures into
a required yard setback except when more than
one (1) encroachment is proposed. The
encroachment shall be limited to ten (10%)
percent.
Subsection (c) That Chapter 36., Section 36-128.(b) be
amended to provide for modification of the language and
to then read as follows:
(b) The city department having planning
responsibility and authority, the subdivision
committee and the planning commission shall
review site plans prior to the issuance of a
building permit. At that time, the plan will
be assessed for compatibility with standards
and criteria provided herein. Public review
of a site plan proposal shall take place at
regularly scheduled meetings at which time
interested persons may appear and offer
information in support of or against the
proposed site plan. The city department
having planning responsibility shall make
2
recommendations on each plan submitted. The
subdivision committee shall review each plan
and pass the request to the full commission
adding any comment determined necessary to
expediting the hearing on the application.
The commission will then approve the plan
with modifications as necessary, defer the
site plan or deny the site plan.
Subsection (d) That Chapter 36., Section 36-5.(7) be
amended to provide for deletion of item f. in its
entirety.
Subsection (e) That Chapter 36., Section 36-3. be
amended to provide for the introduction of a new
definition to read as follows:
Recycling facility, materials recycling
facility (MRF) means a facility for the
receiving, sorting and preparation of
recyclable materials for reuse. This use
receives metal, glass, paper or other
recyclable materials typically collected by
recycling programs of government or
businesses. This use processes and ships the
materials to industry or businesses involved
in reuse. This definition expressly excludes
the receiving or processing of vehicles,
building materials, petroleum products or
flammable liquids.
Enclosure of use required except as may be
authorized by district listing.
Subsection (f) That Chapter 36., Section 36-319.(c)(2)
be amended to provide for the inclusion of a new
conditional use to be item h. and the serial
restructure of items a. through i. accordingly. The
conditional use to read as:
(h) Recycling facility (MRF)
Subsection (g) That Chapter 36., Section 36-320.(c)(1)
be amended to provide for the insertion of a new
permitted use to be item yy. and the serial
restructuring of items a. through kkk. accordingly.
The new permitted use to read as:
(yy) Recycling facility (MRF)
Subsection (h) That Chapter 36., Section 36-320.(c)(2)
be amended to provide for the insertion of a new
conditional use to be item f. and the serial
KI
restructuring of items a. through j. accordingly. The
conditional use to read as:
(f) Recycling facility (MRF) outside
Subsection (i) That Chapter 36., Section 36-321.(c)(1)
be amended to provide for the insertion of a new
permitted use to be item i. and the serial
restructuring of items a. through k. accordingly. The
permitted use to read as:
(i) Recycling facility (MRF) outside
Subsection (j) That Chapter 36., Section 36-321.(c)(2)
be amended to provide for modification of the listing
to delete item 1. entirely and insert in its place a
new conditional use to read as follows:
(1) Other conditional uses listed in the I-2
district.
Subsection (k) That Chapter 36., Section 36-298.(5) be
amended to provide for modification of the language.
The paragraph to then read as follows:
(5) Residential uses which are clearly incidental
to the primary use are allowed. This use
shall not occupy a floor area in excess of
the gross floor area devoted to a business
use in the principal structure on the
property. This use shall in all instances be
located in the principal structure with the
use served.
Subsection (1) That Chapter 36., Section 36-405. be
amended to provide for modification of the language to
change review authority and the elimination of the last
sentence. The paragraph to then read as follows:
Sec. 36-405. Conditional use permit.
A conditional use permit may be granted by the
planning commission upon written application
from the property owner or an authorized agent
and after submission of a site development
plan. In granting a conditional use permit,
the planning commission shall impose such
requirements and conditions, including bulk and
area requirements, in addition to those
expressly stipulated in this article for the
particular use, as the board may deem necessary
for the protection of adjacent properties and
the public interest. The commission should be
cognizant of the intent of section 36-414.
4
Subsection (m) That Chapter 36., Section 36-3. be amended
to provide for additional language in the definition of
studio by addition of a new sentence at the end of the
.paragraph and to then read as follows:
studio (art, music, speech, drama, dance or
other artistic endeavors) means instructing,
counseling or coaching in the arts,
developing personal -skills and/or talents.
This involves but is not limited to, graphic
arts, performing and literary arts. This
activity is expressly limited to instructing,
counseling or coaching.
Subsection (n) That Chapter 36., Section 36-3. be amended
to provide for additional language in the definition of
"amusement, commercial inside,, by addition of a new
sentence at the end of the paragraph and to then read as
follows:
Amusement, commercial (inside) means an
amusement enterprise wholly enclosed in a
building, including, but not limited to, a
bowling alley, billiard parlor, or a facility
intended for dancing whether or not a fee is
charged for admittance.
Subsection (o) That Chapter 36., Section 36-3. be
amended to provide for additional language in the
definition of "bar, lounge or tavern" by addition of a
new sentence at the end of the paragraph and to then
read as follows:
Bar, lounge or tavern means an establishment,
the primary activity of which is the sale and
consumption on the premises of beer, wine or
other liquors, and where food service, if any,
is secondary to the sale of beer, wine or
other liquors. This use may include a
facility for dancing.
Subsection (p) That Chapter 36., Section 36-3. be
amended to provide for the introduction of new language
in the definition "Antique Shop" and to then read as
follows:
Antique shop without repair means an
establishment offering for sale articles such
as glass, china, furniture or similar
furnishing or decorations which have value and
significance as a result of age, design or
sentiment. No refinishing, repair or
upholstery work permitted.
5
Subsection (q) That Chapter 36., Section 36-3. be
amended to provide for the introduction of a new
definition to read as follows:
Antique shop with repair means an
establishment offering for sale articles such
as glass, china, furniture or similar
furnishing or decorations which have value and
significance as a result of.age, design or
sentiment. This use shall include as an
ancillary activity, the refinishing, repair or
reupholstery of furniture or other antiques
sold or displayed for sale on the premises.
Enclosure of use required. Limited to ten
(10) percent of gross floor area.
Subsection (r) That Chapter 36., Section 36-299.(c)(1)a.
be amended to provide for addition of language and to then
read as follows:
a. Antique shop, without repair
Subsection (s) That Chapter 36., Section 36-300.(c)(1)(d)
be amended for addition of language and to then read as
follows:
d. Antique shop, with repair
Subsection (t) That Chapter 36., Section 36-301.(c)(1)(c)
be amended to provide for addition of language and to then
read as follows:
C. Antique shop, with repair
Subsection (u) That Chapter 36., Section 36-3. be
amended to provide for the modification of the
definition "upholstery shop" and to then read as
follows:
Upholstery shop, auto means a facility which
performs repair or replacement of automobile
coverings, fabric, springs and padding. This
use must be totally enclosed.
Subsection (v) That Chapter 36., Section 36-3. be
amended to provide for the introduction of a new
definition to read as follows:
Upholstery shop, furniture means a facility
which performs repair or replacement of
furniture coverings, fabric, springs and
padding. This use must be totally enclosed
with all wood or material stains, paints or
stripping processes in conformance with
building and fire codes.
6
Subsection (w) That Chapter 36., Section 36-
299.(c)(2)(u) be amended to provide for modification of
..the.language and to then read as follows:
U. Upholstery shop, furniture
Subsection (x) That Chapter 36., Section 36-301.(c)(2)
be amended to provide for the modification of the
current listing "x. upholstery shop" and to introduce a
new listing to be "y. upholstery shop, auto" and both
to then read as follows:
X. Upholstery shop, furniture
y. Upholstery shop, auto
Subsection (y) That Chapter 36., Section 36-302.(c)(1)
be amended to provide for modification of the current
listing "uu. upholstery shop"; to introduce a new
listing to be "vv. upholstery shop, auto"; to reassign
current item 'lvv." as "ww.", to then read as follows:
uu. Upholstery shop, furniture
vv. Upholstery shop, auto
ww. Parking, commercial lot or garage
Subsection (z) That Chapter 36., Section 36-320.(c)(2)
be amended to provide for modification of the current
listing "i. upholstery shop"; to introduce a new
listing to be "j. upholstery shop, auto"; to reassign
the current listing Hill as "k", and to then read as
follows:
i. Upholstery shop, furniture
j. Upholstery shop, auto
k. Hazardous or medical waste disposal facility
Subsection (aa) That Chapter 36., Section 36-105. be
amended to provide for modification of language and to
then read as follows:
Section 36-105. Site plan review.
The subdivision committee of the planning
commission shall review the conditional use along
with staff recommendations for approval, approval
with modifications, deferral or denial. The
committee shall pass each plan to the full
commission for final action with any comments
determined necessary to expediting the plan.
6
Subsection (bb) That Chapter 36., Section 36-131.
standards for site plan disapproval be deleted in its
entirety and Section 3.6-131. be retained as "reserved"
Subsection (cc) That Chapter 36., Section 36-512.(b) be
amended to provide for the inclusion of a new numbered
item to be (8) and to read as follows:
(8) Street sweepers and vehicle mounted vacuum
devices intended for the cleaning of streets
or parking lots.
Subsection (dd) That Chapter 36., Section 36-3. be
amended to provide for the introduction of a new
definition to be "street sweepers and vehicle mounted
vacuum devices" and to read as follows:
Street sweepers and vehicle mounted vacuum
devices means self-propelled or towed
mechanical systems that are utilized for
vacuuming or sweeping dirt, trash or other
debris from parking and drive surfaces. This
includes but is not limited to parking and
loading areas, driveways, streets public and
private or other areas devoted to vehicle use.
Subsection (ee) That Chapter 36., Section 36-321.(c)(1)
be amended to provide for the inclusion of a new
permitted use within the "I-3 Industrial District" to be
item 1. and to read as follows:
1. Tire retreading or recapping
Subsection (ff) That Chapter 36., Section 36-320.(c)(2)
be amended to provide for the inclusion of a new
conditional use to be included within the 11I-2 Light
Industrial" district, to be "tire retreading and
recapping" and alphabetically listed as appropriate.
Subsection (gg) That Chapter 36., Section 36-3 be
amended to provide for the inclusion of a new definition
to be "tire retreading or recapping" and to read as
follows:
Tire retreading or recapping means the installation
of a new tread or wear surface on a vehicle tire
carcass by cementing, molding, volcanizing or other
mechanical or chemical means. This use must be
totally enclosed.
Subsection (hh) That Chapter 36., Section 36-454.(c) be
amended to provide for the insertion of a new paragraph
L
following the text of Section 36-454.(c) and preceding
Section 36-454(d) to read as follows:
The owner of any preliminarily approved PD or PUD
may, for cause request repeal of the ordinance
establishing such development, when it has been
determined that the development will not occur. A
written request may be filed with the City Clerk at
any time up to three (3) years after the date of
passage of the ordinance creating the PUD or PD.
The request must be addressed to the Mayor and
Board of Directors, setting forth the basis for the
repeal.
The request shall be set for a public hearing at
the earliest possible time to expedite the required
action. The owner of the subject PD or PUD zoned
land shall provide notice of hearing to property
owners within 200 feet as required for the initial
planning commission hearing. Notice to others as
required by bylaw or policy shall be provided by
city staff and signs shall be posted.
Subsection (ii) That Chapter 36., Section 36-201. be
amended to provide for modification of the language in
paragraph (f) and to then read as:
(f) Same --Exceptions. The board of adjustment may
grant a waiver of these height limitations
upon application duly filed therewith
complying in all respects with the rules and
regulations of the board of zoning adjustment.
The height restrictions set forth in paragraph
(e) of this section shall in all instances
supersede the building height limits set forth
in the various zoning districts.
Subsection (jj) That Chapter 36., Section 36-85.(e) be
amended to provide for correction of the language in the
first sentence to remove "require" and insert "review"
and to then read:
(e) If it is determined in the course of review of
an amendment that certain conditions requested
by the applicant may be appropriate in order
to effect a change in zoning of the property,
the application may be amended. In such
cases, the planning commission or the board of
directors shall determine the need for
deferral of the application for further notice
or review of the design elements to be
incorporated into the ordinance reclassifying
the property.
9
Subsection (kk) That Chapter 36., Section 36-54.(e)(3)
be amended to provide for modification of the language
in item (3)b. which will then read as follows:
b. Must be operated within licensing procedures
established by the State of Arkansas. For
purposes of numbers of employees residing off
premise the state regulations shall control.
Subsection (11) That Chapter 36., Section 36-454.(d) be
amended to provide for modification of the language in
the first paragraph of 36-454.(d) and to then read as
follows:
(d) Final development plan. The applicant shall
have three (3) years from the date of passage
of the ordinance approving the preliminary
plan to submit the final development plan.
Requests for extensions of time shall be
submitted in writing to the planning
commission which may grant extensions of not
more than three (3) years.
Subsection (mm) That Chapter 36, Section 36-454.(d) be
amended to provide for the modification of the fourth
and fifth paragraphs of 36-454.(d) for purposes of
moving the last sentence of paragraph five (5) to become
the first sentence of paragraph four (4), to then read
as follows:
The burden is on the applicant to justify any
variation between the approved preliminary plan and
the final plan. The final plan shall be deemed to
be in substantial compliance with the preliminary
plan provided the plan does not:
(1) Increase proposed floor area for
nonresidential use more than five (5)
percent.
(2) Increase total building coverage more
than five (5) percent.
(3) Increase building height more than five
(5) percent.
(4) Increase total number of dwelling units
more than five (5) percent within a given
phase. Fluctuation greater than the
above shall be permissible, provided
overall density is maintained.
No public hearing is necessary to consider
modifications on location and design of streets or
facilities for water, stormwater, sanitary sewers,
10
or other public facilities required as a tentative
condition of approval of the preliminary plan.
Subsection (nn) That Chapter 36., Section 36-460.(g) be
amended to provide for modification of the language in
the third sentence, the paragraph to then read as
follows:
(g) Screening and landscaping. In order to
enhance the integrity and attractiveness of the
development, and when deemed necessary to protect
adjacent properties, the planning commission shall
require landscaping and screening as a part of a
planned unit development. The nature and extent of
screening and landscaping required shall be
determined by the planning commission in relation
to the overall character of the development and its
specific location. In no instance shall the gross
land area devoted to landscaping be less than that
required by Chapter 15, Article IV. This shall
especially apply to planned unit development
projects where a change to a more intense use is
proposed and there are existing buildings and
improvements. As part of the final development
plan, a detailed screening and landscaping plan
shall be submitted to the planning commission.
Landscape plans shall slow the general location,
type and quality (size and age) of plant material.
Screening plans shall include typical details of
fences, berms and plant material to be used.
Existing trees shall be preserved whenever
possible. The location of trees must be considered
when planning the common open space, location of
buildings, underground services, walks, paved area,
playgrounds, parking areas, and finished grade
levels.
Subsection (oo) That Chapter 36., Section 36-462.(c) be
amended to provide for modification of language in the
last paragraph. The paragraph to then read as follows:
Applicants may choose to submit a phased
development program incorporating an
incremental final plan for subareas of the
entire ownership. This program must closely
follow the phasing authorized by the adopting
ordinance. Modification is permitted as set
forth in Section 36-461.
The filing of a phased program of development
shall include a boundary survey or other
graphic information suitable to identify the
entire ownership.
11
Subsection (pp) That Chapter 36., Section 36-462.(d) be
amended to provide for modification of the language in
paragraph three (3) of (d)(2). The paragraph to then
read as follows:
In order to enhance the integrity and
attractiveness of the development, and when
deemed necessary to protect adjacent
properties, the planning commission shall
require landscaping and screening as a part of
a development. The nature and extent of
screening and landscaping required shall be
determined by the planning commission in
relation to the overall character of the
development and its specific location. In no
instance shall the gross land area devoted to
landscaping be less than that required by
Chapter 15, Article IV. This shall especially
apply to projects where a change to a more
intense use is proposed and there are existing
buildings and improvements.
Subsection (qq) That Chapter 36., Section 36-454.(d) be
amended to provide for the insertion of a new paragraph
following the text of 36.454(d) and to read as follows:
After receiving approval and the proper recording
of plan and plat components, building permits may
be issued. The issuance of a building permit and
initiation of construction shall terminate the
three (3) year start up limit and the time
constraints of the building permit shall control
completion of the project. This shall apply to
phased or single element projects, as filed for
record.
Subsection (rr) That Chapter 36., Section 36-454(a) be
amended to provide for the deletion of item (a)(3) and
the last paragraph, retaining paragraphs numbered (1),
(2), to then read as follows:
(a) Generally. The application procedure shall
consist of two (2) phases:
(1) A preparation conference with the staff of the
department of the city having planning
authority and responsibility.
(2) A preliminary development plan reviewed by the
planning commission and board of directors.
For purposes of this article, a preliminary or
final plan shall also include a plat when
required by chapter of this code.
12
Subsection (ss) That Chapter 36., Section 36-454(c) be
amended for purposes of adding new language to the
fourth paragraph and to then read as follows:
If the preliminary plan is approved by the
planning commission, it will be forwarded to the
board of directors for their review. The board of
directors may grant or deny as submitted or as
amended, defer for requested changes or
information, or return the application to the
planning commission for further study. The board
shall not consider an application that has been
modified by the applicant to a design other than
that reviewed by the commission. The board may
direct the planning commission to reconsider
specific aspects of the preliminary plan. If the
preliminary plan is approved, an ordinance shall
be prepared which incorporates the plan or
conditions.
Subsection (tt) That Chapter 36., Section 36-458(a)(1)
and (2) be amended to provide for modification of the
language and to then read as follows:
(1) If the applicant has not submitted a final
development plan to the staff as provided for
in Section 36-454(d), where an optional
staged development plan is utilized in
accordance with section 36-453(d), the
affected portion of the approved preliminary
plan may be revoked in its entirety or to the
extent of that portion on which a final plan
has not been submitted and approved.
(2) If no building permit has been issued within
the initial three (3) year effective period
and the final plan has been approved and
filed for record.
Subsection (uu) That Chapter 36., Section 36-460(f) be
amended for purposes of deletion of the second
sentence. The paragraph to then read as follows:
(f) ,Building height. There shall be no maximum
building heights except as may be determined
by the planning commission during the review
of the preliminary development plan based on
the uses within the development and the
proximity of the development to existing or
prospective development on adjacent
properties. A lesser height may be
established by the planning commission when
it is deemed necessary to provide adequate
light and air to adjacent property and to
protect the visual quality of the community.
13
Subsection (vv) That Chapter 36., Section 36-452. be
amended to provide for the deletion of the last
sentence of the first paragraph, the paragraph to then
read:
In addition to zoning districts established
elsewhere in this chapter, the following planned
zoning districts are established and shall be
designated on the official zoning map upon
application of the owner or authorized agent and
approval by the board of directors of the
preliminary plan.
Subsection (ww) That Chapter 36., Section 36-
452.(2)(b)(1) be amended to provide for modification of
use listing to add language, and to then read:
1. Office (general and professional)
Subsection (xx) That Chapter 36., Section 36-
452.(3)(b)(3) be amended to provide for modification of
use listing to add language and to then read:
3. Office (general and professional)
Subsection (yy) That Chapter 36., Section 36-453.(d) be
amended to provide for modification of language and to
then read as follows:
(d) Staging. While this article encourages
submission of comprehensively planned
development proposals of entire ownerships, a
preliminary plan need not cover the entire
property owned by the applicant. Applicants
may choose to submit a phased development
program incorporating incremental final plan
for subareas of the entire ownership. In
order to file a plan with phased development,
the entire ownership must be included within
the plan survey boundary. Preliminary
information on streets, drainage and other
physical plan elements must be shown on the
plan.
In such cases the applicant shall adhere to
the approved development schedule for the
phased submission of final plan. If the
applicant cannot adhere to the time period
approved, he may submit a written request for
extension from the planning commission. A
maximum of two (2) one-year extensions may be
granted by the planning commission which,
upon demonstration of good cause by the
applicant, shall not unnecessarily withhold
14
approval. Additional extensions shall
require approval of the board of directors.
Subsection (zz) That Chapter 36., Section 36-300.(c)(1)
be amended to provide for the inclusion of a new
permitted use to be included within the C-2 Shopping
Center District, to be "studio broadcasting and
recording" and alphabetically listed as appropriate.
Subsection (aaa) That Chapter 36., Section 36-
301.(c)(1) be amended to provide for the inclusion of a
new permitted use to be included within the C-3 General
Commercial District, to be "studio broadcasting and
recording" and alphabetically listed as appropriate.
Subsection (bbb) That Chapter 36., Section 36-
320.(c)(1) be amended to provide for a new permitted
use to be included within the I-2 Light Industrial
District, to be "feed store", and alphabetically listed
as appropriate.
SECTION 2. That this Ordinance take effect thirty (30)
days from and after its passage.
PASSED:
ATTEST:
APPROVED:
City Clerk Mayor
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May 23, 1996
Walter Malone, Planner II addressed the Commission on the Master
Street Plan (MSP). The Central Arkansas Regional Transportation
Study (CARTS) has completed their 2020 Plan and the City Board
has indicated a desire to review the areas West of I-430.
Therefore, Staff asks that the Plans Committee work with staff on
this review. David Scherer, Engineer of Public Works, agreed on
the desirability of reviewing the Plan and indicated Public Works
would like to review cross -sections and design as well as
location and number of roads.
There was some general discussion about the 2020 Plan, MSP and
meeting times. It was agreed to meet on Tuesdays at 9:00 a.m.
(every other week) starting on May 28.
There being no further business before the Commission, the
meeting was adjourned at 4:25 p.m.
Chairman
1