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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 15 IIIIIIIIIIII 11111011111 11101111111 IIIIIINNIN INNIMEN INEIIIIIIN INININEII lilmollil 11101111111 11111millm Emillil NIMMIN IINIIIIII 0 An 0 1111111111 IMENINIEN NINIIIIIIII Imillimill IIIIIINIIII MENNEN INE11111=11 IIIIIIIIIIII INIIIIIIIII IIIIIIIIIIII w z 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