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