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183691 ORDINANCE NO. 1 C , 369 954 3 AN ORDINANCE AMENDING LITTLE ROCK, ARK. 4 ORDINANCE ( "LRO ") NO. 18,359 (SEPTEMBER 26, 5 2000) AND LRO NO. 18,360 (SEPTEMBER 26, 2000) 6 TO PROVIDE THAT UTILITY EASEMENTS SHALL 7 NOT BE USED TO CALCULATE REQUIRED LAND 8 USE BUFFERS ON DEVELOPMENTS ABUTTING 9 SINGLE FAMILY AND DUPLEX USED OR ZONED 10 PROPERTY; DECLARING AN EMERGENCY; AND 11 FOR OTHER PURPOSES. 12 13 WHEREAS, on September 26, 2000 the Little Rock Board of Directors passed 14 LRO No. 18,359 (the "Landscaping and Tree Protection Ordinance ") and LRO No. 15 18,360 (the "Buffer Ordinance ") which, among other provisions, allows a portion of the 16 right -of -way of utility easements to be used to calculate the required land use buffers in 17 all developments. and 18 WHEREAS, the Board has determined that it is appropriate to amend those 19 ordinances to disallow the use of utility easements to calculate required land use buffers 20 in developments abutting property used or zoned for single family and duplex uses. 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF 22 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 23 SECTION 1: LRO No 18,359 September 26, 2000) (the "Landscaping and 24 Tree Protection Ordinance ") is amended by adding a sentence to Section 15 -102 (c) so 25 that the entire section now reads as follows: 26 Sec. 15 -102. Treatment of land use buffers. 27 (a) Requirements for landscaping in land use buffers shall be the same as 28 perimeter landscaping. Buffer width shall be determined by the zoning ordinance. 0 0 1 (b) Natural vegetation and undergrowth may be approved by the city official to 2 satisfy landscaping requirements. Each site shall be evaluated on an individual basis. 3 (c) A minimum of seventy percent (70 %) of the land use buffer shall be 4 undisturbed. The right -of -way of any utility easement shall not be used in computing 5 the depth or area of a land use buffer in developments abutting property used or zoned 6 for single - family or two - family use under R -1, R -2, R -3, R -4, PRD and PDR. 7 SECTION 2: LRO No. 18,360 (September 26, 2000) (the `Buffer 8 Ordinance ") is amended by deleting subparagraph (3) of Section 36 -521 (c) and adding 9 a new paragraph (f) so that the section shall now read in its entirety as follows: 10 Sec. 36 -521. General provisions. 11 (a) The provisions of this article are intended to be 12 harmonious, compatible and supportive of those included 13 within the landscape, land alteration and stormwater 14 management ordinances of the city. All plans for the 15 provision of required buffer areas shall incorporate the design 16 standards set forth within these several ordinances. 17 (b) These regulations are not intended to be additive in any 18 respect, but shall overlay the area specified by the landscape, 19 stormwater management and land alteration ordinances. 20 (c) The areas designated on a plan for buffers shall be 21 designed and developed utilizing the following elements: 22 (1) Plantings, trees, ground cover and ornamental or structural 23 embellishments as may be required by the landscape ordinance. 24 (2) Stormwater detention areas, floodways, major drainage easements 25 and hillside buffers, as defined in the stormwater management 26 ordinance, so long as these areas are not hard- surfaced. 27 (3) Surfacing materials that are impervious to the passage of water shall be 28 prohibited except as may be authorized by the landscape ordinance. 955 0 0 1 (4) All applications submitted for planning commission review as a 956 2 conditional use permit, planned development or site plan review 3 process shall submit a general plan for treatment of the areas 4 required as buffers. This plan may be general with respect to variety 5 and quantity of trees or shrubs but shall include a sketch grading 6 plan. 7 (d) These provisions shall extend to include the development or redevelopment 8 of all properties currently classified as multifamily, office, commercial or industrial. 9 (e) The right -of -way of any dedicated public thoroughfare or private street 10 authorized by the planning commission shall not be used in computing the depth or area I I of any buffer. 12 (f) A minimum of seventy percent (70 %) of the land use buffer shall be 13 undisturbed. The right -of -way of any utility easement shall not be used in computing 14 the depth or area of a land use buffer in developments abutting property used or zoned 15 for single - family or two- family use under R -1, R -2, R -3, R -4, PRD and PDR. 16 SECTION 3. Severability. In the event any portion of this ordinance is declared 17 or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not 18 affect the remaining portions of the ordinance, which shall remain in full force and effect 19 as if the portion so declared or adjudged invalid or unconstitutional was not originally 20 a part of this ordinance. 21 SECTION 4. Repealer. All laws, ordinances and regulations and parts thereof 22 in conflict with this ordinance are hereby repealed to the extent of such inconsistency. 23 SECTION 5. Emergency Clause. The ability to limit, to a reasonable extent, 24 the number of trees destroyed or removed as a result of development and redevelopment 25 within the City is essential to the public health, safety and welfare. The protection of 26 foliage and open space has been demonstrated to increase the overall quality of life 27 within the community, and to reduce aspects of urban stress such as crime and 28 temperature. If this ordinance is not immediately effective, a temporary moratorium on 29 tree removal will expire on September 28, 2000, and the result will be over three weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • i 957 where no meaningful regulations to protect trees and foliage are in place. An emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: October 10, 2000 ATTEST: Nan Woo ,City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Wttorney APPROVED: Jim / ' ey, Mayor