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199101 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 31 32 33 34 35 36 37 ORDINANCE NO. 19,910 AN ORDINANCE TO AMEND CHAPTERS 31 AND 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 a regular 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 Chapters 31. and 36. be amended as follows: Subsection (a). That Chapter 36., Section 31- 36.(3) be amended to delete the term "twelve (12) months" in the second sentence of that subsection and to replace it with the term "twenty -four (24) months." Subsection (b). That Chapter 31., Section 31-210.(e) be amended to delete the opening paragraph of that subsection and to replace it with the following language: (e) For the purpose of spacing requirements, the points of access to a boundary street are as follow according to street classification: Subsection (c). That Chapter 36., Section 36 -3. be amended to provide for the deletion of the current definition "airport or landing field" and the alphabetical insertion in its place of new definitions of "aircraft" and "airport or landing field" as follows: Aircraft means any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air. Airport or landing field means any area of land or water designated, set aside, continuously used, or intended for use, for the landing and take -off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or other airport facilities, rights -of -way, or approach zones, together with all airport buildings and facilities located thereon. Subsection (d). That Chapter 36., Section 36- 104.(b) be amended to provide for the addition of a new subsection (6) to read as follows: (6) Airport or landing field Subsection (e). That Chapter 36., Section 36 -2. be amended to provide for the alphabetical insertion of a new definition "handicapped persons" to read as follows: PAGE 1 OF 4] 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 31 32 33 34 35 36 Handicapped persons shall mean those so defined in the Fair Housing Amendments Act of 1988, as may be amended from time to time, and shall include persons with a physical or mental impairment which substantially limits one (1) or more of such person's major life activities, or who have a record of having such an impairment, or who is regarded as having such an impairment. This definition does not include current, illegal use of or addiction to a controlled substance as the latter term is defined by Arkansas law. Subsection (f). That Chapter 36., Section 36- 108.(c) be deleted in its entirety and replaced with the following language: (c) Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be three (3) years from the date of approval. Required permits must be obtained within the allotted period, unless an extension of time is granted by the Commission. Otherwise, the conditional use permit approval shall be considered void. Subsection (g). That Chapter 36., Section 36-261.(e) be amended to provide for the addition of a new subsection (8) to read as follows: (8) Siting Criteria. The siting of a mobile home or manufactured home shall comply with the following siting criteria: (a) Removal of all transport elements (b) Permanent foundation (c) Underpinning with permanent materials (d) Tie -downs and anchors as recommended by the manufacturer of the mobile home or manufactured home. Subsection (h). That Chapter 36., Section 36 -278. be amended to provide for the addition of a new subsection (4) to read as follows: (4) Accessory permanent structures that meet all setback requirements are allowed for the purpose of storage. Subsection (i). That Chapter 36., Section 36 -318. be amended to provide for the addition of a new subsection (4) to read as follows: (4) All premises shall be kept clear of all rubbish, trash, brush, litter and abandoned vehicles. Subsection (j). That Chapter 36., Section 36- 322.(b)(4) be deleted in its entirety and replaced with new text to read as follows: (4) The city staff shall present any plans for the development of a property within the PR park and recreation district to the parks and recreation commission at a public meeting and shall demonstrate that the proposed development, or redevelopment, plans are consistent with the goals expressed in the Little Rock Parks and Recreation Master Plan. This presentation is PAGE 2 OF 4] 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 31 32 33 34 35 36 37 for information purposes only, and no formal action is required unless a majority of the members of the parks and recreation commission vote to approve a motion that states: a. That the city staff is in error; and b. The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks and Recreation Master Plan; and c. That the city board of directors should review the presented plan to determine if it is consistent with the Little Rock Parks and Recreation Master Plan; and d. If such an affirmative vote is taken, provides to the city board of directors a written list of the reasons that a majority of the members of the parks and recreation commission believe that the proposal is inconsistent with the Little Rock Parks and Recreation Master Plan. Subsection (k). That Chapter 36., Section 36- 342.1(c)(11). be deleted in its entirety and replaced with new text to read as follows: (11) Signs. Off- premises signs are not allowed. Ground mounted signs are discouraged and may only be permitted as a variance as per Division 2 of this chapter. Otherwise, permitted signs shall be as in section 36 -553, signs permitted in institutional and office zones, of this chapter. On the street level, the maximum area of signage may be doubled if at least fifty (50) percent of the street -level office and retail space has direct access to the street. Subsection (l). That Chapter 36., Section 36- 550.(6) be amended to provide for the insertion of additional text and to then read as follows: (6) One (1) company or organizational flag, not to exceed one hundred (100) square feet in area, that can be displayed from a permanently mounted flag pole. Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Section 4. That this ordinance shall take effect thirty (30) days from and after its passage. PASSED: January 15, 2008 j ATTEST: 7111�11nl'l_l &)/�o �4 Nan Wood, 5ity C erk APPROVED: Mark Stodola, [PAGE 3 OF 4] I APPROVED AS TO LEGAL FORM: 2 3 ' 4 Thomas M. Carpenter, City Attgrney 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 31 32 33 34 35 36 37 [PAGE 4 OF 4] 2007 ZONING - SUBDIVISION ORDINANCE I old I OWN 0 w 60,111 OXTMAI ZONING AND SUBDIVISION ORDINANCE 2007 ORDINANCE AMENDMENT PROPOSALS DRAFT 2 Subject A. Clean -up issue to correct an error in the text of the Subdivision Ordinance regarding the length of time preliminary plats are valid. B. Corrective action to eliminate conflicting language in the Subdivision Ordinance regarding driveway spacing and points of access to a boundary street. C. Creating a new definition of airport or landing field, adding a definition of aircraft and add procedure to allow landing strips in zones other than industrial. D. Adding a definition of handicapped persons. E. A proposal to provide for the automatic voiding of undeveloped conditional use permits after three years. F. Adding siting criteria for placement of mobile homes or manufactured homes in mobile home parks. G. Amend office zoning district general restrictions to permit accessory buildings. H. Add language to the Industrial District restrictions to require that sites be kept clean. I. Move responsibility for reviewing development of "PR" Parks and Recreation zoned properties from the Planning Commission to the Parks and Recreation Commission. Priority DATE November 14, 2007 Page in Text 3 n 7 8 9 10 11 12 Page 1 ZONING AND SUBDVISION ORDINANCE 2007 ORDINANCE AMENDMENT PROPOSALS DRAFT 2 Subject J. Clarification of language in the "UU" Urban Use District to state that ground mounted signs are permitted only as a variance. K. Create a maximum size for company or organizational flags. Priority DATE November 14. 2007 Page in Text 14 15 Page 2 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Clean -up issue to correct an error in the text of the Subdivision Ordinance which states preliminary plats are valid only for 12 months. It should read 24 months. CURRENT ORDINANCE LANGUAGE: Chapter 31., Section 31 -36(3) SOURCE: Staff DRAFT 2 DATE November 14, 2007 (3) The third step involves submittal of a final plat conforming to the preliminary plat. This step shall be initiated not later than twelve (12) months after approval of the preliminary plat by the planning commission unless construction work is actively progressing... STAFF REPORT: ( The Subdivision Ordinance was amended to state that preliminary plats are valid for twenty -four months. That change was made to Section 31- 94(e). Similar language in the general procedure section of 31- 36.(3) should also have been changed. SUGGESTED TEXT: ( Amend the text in Chapter 31., Section 31 -36(3) to read as follows: (3) The third step involves submittal of a final plat conforming to the preliminary plat. This step shall be initiated not later than twenty -four (24) months after approval of the preliminary plat by the planning commission unless construction work is actively progressing... Page 3 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Corrective action to eliminate conflicting language in the Subdivision Ordinance regarding driveway spacing and points of access to a boundary street. CURRENT ORDINANCE LANGUAGE: Chapter 31., Section 31- 210.(e) SOURCE: Staff DRAFT 2 DATE November 14, 2007 (e) For purposes of the spacing requirements for industrial, commercial, office, religious, philanthropic, educational, or multifamily properties the points of access to a boundary street are as follows according to street classification: STAFF REPORT: ( The opening statement of this subsection as noted above references industrial, commercial, office, religious, philanthropic, educational and multifamily uses. However, the subsequent language in the section addresses driveway locations and points of access to boundary streets for all uses, including single family residential. Staff believes it would clarify the text to remove the specific uses listed from the opening statement. SUGGESTED TEXT: ( Amend Chapter 31., Section 31- 210.(e) to read as follows: (e) For the purpose of spacing requirements, the points of access to a boundary street are as follow according to street classification. Page 4 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Create new definition of airport or landing field and adding a definition of aircraft. Add procedure to allow landing strips in zoning districts other than industrial. CURRENT ORDINANCE LANGUAGE: Chapter 36. Section 36 -3 SOURCE: Staff DRAFT 2 DATE November 14, 2007 Airport or landing field means a landing facility for fixed- or rotary- winged aircraft containing a minimum of sixty (60) acres, subject to the federal aviation agency's requirement of safety and applicant's securing air space utilization from the federal aviation agency. This use is listed as a conditional use in 1 -1 and as a permitted use in 1 -2 and 1 -3. STAFF REPORT: ( An individual was recently cited by staff for violating the "Al"' Agriculture Forestry zoning by constructing a runway - landing field on a 27± acre tract. He appealed to the Board of Adjustment who determined that his use did not meet the City's definition of airport or landing field. The current definition is so specific that it appears to apply only to the Little Rock National Airport. Staff has reviewed definitions from around the country and offers a new definition of airport and of aircraft. To better address the possibility that a private landing strip may be proposed elsewhere, Staff recommends adding the use to those that require a conditional use permit in any zone other than industrial. SUGGESTED TEXT: ( Amend Chapter 36., Section 36 -3 to replace the definition of "airport or landing field" and to add a new defined term "aircraft ". Aircraft means any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air. Airport or landing field means any area of land or water designated, set aside, used, or intended for use, for the landing and take -off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or other airport facilities, rights -of -way, or approach zones, together with all airport buildings and facilities located thereon. Page 5 2007 PROPOSED ORDINANCE AMENDMENTS DRAFT 2 DATE November 14, 2007 SUGGESTED TEXT: Amend Chapter 36., Section 36- 104.(b) to read as follows: (b) Certain uses due to their nature and impact on adjacent properties shall be permitted by right only in the industrial classifications established by this ordinance. These uses may be permitted in all other classifications by conditional use permit. They are: (1) Utility storage yard for vehicles, maintenance equipment and materials. (2) Utility substation for distribution of services or products or bulk storage thereof. (3) Water or sewer treatment plant or ancillary facilities. (4) Communications, receiving or transmitting facilities other than wireless communication facilities as provided within article XII, section 36 -590 of this chapter. (5) Cemeteries and all associated ancillary uses and activities relating thereto. (6) Airport or landing field. Page 6 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Add a definition of handicapped persons to the Zoning Ordinance. CURRENT ORDINANCE LANGUAGE: None STAFF REPORT: ( DRAFT 2 DATE November 14, 2007 SOURCE: City Attorney The Zoning Ordinance currently contains no definition of "handicapped persons ". Protection of such persons under the Fair Housing Amendments Act of 1988 is addressed in the definition of "family ". Clarification of who qualifies under the term "handicapped persons" is needed. SUGGESTED TEXT: ( Amend Chapter 36., Section 36 -2. Definitions to add a new definition to read as follows: Handicapped persons shall mean those so defined in the Fair Housing Amendments Act of 1988, as may be amended from time to time, and shall include persons with a physical or mental impairment which substantially limits one (1) or more of such person's major life activities, or who have a record of having such an impairment, or who is regarded as having such an impairment. This definition does not include current, illegal use of or addiction to a controlled substance as the latter term is defined by Arkansas law. Page 7 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: _A proposal to provide for the automatic voiding of approved conditional use permits that have not been started or permits obtained within three (3) years of approval. CURRENT ORDINANCE LANGUAGE: Chapter 36., Section 36- 108.(c): SOURCE: Staff DRAFT 2 DATE November 14, 2007 (c) Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be limited to three (3) years from the date of approval. Required permits must be obtained within the allotted period. Failure to obtain permits will result in notice of termination from city staff. The notice shall set a time and place for a revocation hearing by the planning commission at which time the owner may request continuance of his or her approval. STAFF REPORT: ( There currently is no mechanism in place to track approved conditional use permits. On occasion, an inquiry will be made on a property for which a C.U.P. was approved and which has not been acted upon for over three (3) years after approval. Staff believes the unwieldy mechanism of having to go through a revocation hearing could be replaced by the proposed language providing for automatic voiding of abandoned C.U.P.'s. SUGGESTED TEXT: ( Amend Chapter 36., Section 36- 108.(c) to read: (c) Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be three (3) years from the date of approval. Required permits must be obtained within the allotted period, unless an extension of time is granted by the Commission. Otherwise, the conditional use permit approval shall be considered void. Page 8 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Add siting criteria for placement of mobile homes or manufactured homes in mobile home parks. CURRENT ORDINANCE LANGUAGE: There is no current language. STAFF REPORT: ( SOURCE: Staff DRAFT 2 DATE November 14, 2007 R -7 is the mobile home park zoning district. There currently are no siting criteria for placement of mobile homes or manufactured homes in mobile home parks. Staff believes it is appropriate to require siting criteria such as removal of transport elements, permanent foundation, underpinning and parking. SUGGESTED TEXT: ( Amend Chapter 36., Section 36- 261.(e) to add a new subsection (8) to read as follows: (8) Siting Criteria. The siting of a mobile home or manufactured home shall comply with the following siting criteria: (a) Removal of all transport elements (b) Permanent foundation (c) Underpinning with permanent materials (d) Tie -downs and anchors as recommended by the manufacturer of the mobile home or manufactured home. Page 9 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Amend office general restrictions of Section 36 -278 to permit accessory permanent structures which meet all setback requirements. CURRENT ORDINANCE LANGUAGE: SOURCE: Staff DRAFT 2 DATE November 14, 2007 There currently is no language in the Zoning Ordinance permitting accessory structures in office zones. STAFF REPORT: ( Within the office zones, there is no provision to allow placement of an accessory building to be used for storage. In the past, requests for storage buildings for file storage, material storage or even lawn maintenance tool storage have required multiple building site plan review. SUGGESTED TEXT: ( Amend Chapter 36., Section 36 -278. Office District General Restrictions to add a new subsection (4) to read as follows: (4) Accessory permanent structures that meet all setback requirements are allowed for the purpose of storage. Page 10 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Add language to the Industrial District restrictions to require that sites be kept clean. CURRENT ORDINANCE LANGUAGE: There is no current language addressing this issue. STAFF REPORT: ( SOURCE: Staff DRAFT 2 DATE November 14, 2007 There is no language in the Industrial District section of the Zoning Ordinance to require that properties be kept clean. This has resulted in occasional difficulty in enforcement which can easily be remedied by adding language similar to that added to the Commercial Districts in 2005. SUGGESTED TEXT: ( Amend Chapter 36., Section 36 -318. District Restrictions to add a new subsection (4) to read as follows: (4) All premises shall be kept clear of all rubbish, trash, brush, litter and abandoned vehicles. Page 11 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Move responsibility for reviewing development of Parks and Recreation zoned properties from the Planning Commission to the Parks and Recreation Commission. CURRENT ORDINANCE LANGUAGE: Section 36- 322.(b)(4) SOURCE: Staff DRAFT 2 DATE November 14, 2007 The city departments of planning and development, parks and recreation, and public works shall present any plans for the development of a property within the PR park and recreation district to the planning commission at a public meeting and shall demonstrate that the proposed development, or redevelopment, plans are consistent with the goals expressed in the Little Rock Parks and Recreation Master Plan. This presentation is for information purposes only, and no formal action is required unless a majority of the members of the planning commission vote to approve a motion that states: a. That the city staff is in error; and b. The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks and Recreation Master Plan; and c. That the city board of directors should review the presented plan to determine if it is consistent with the Little Rock Parks and Recreation Master Plan; and d. If such an affirmative vote is taken, provides to the city board of directors a written list of the reasons that a majority of the members of the planning commission believe that the proposal is inconsistent with the Little Rock Parks and Recreation Master Plan. Page 12 2007 PROPOSED ORDINANCE AMENDMENTS DRAFT 2 DATE November 14, 2007 STAFF REPORT: ( ) The PR parks and recreation zoning district was created on January 16, 2001 by passage of Ordinance No. 18,419. Subsequently, all City owned parks properties were rezoned from various districts to PR. On January 15, 2002, the PR district regulations were amended by Ordinance No. 18,630. The amendment allowed for multiple structures by -right on PR zoned properties and allowed "informational only" review by the Planning Commission. No action is required by the Commission unless the Commission finds that City staff is in error and the proposed development is totally inconsistent with the goals and vision of the City's Master Parks Plan. On January 7, 2003, the Little Rock Parks and Recreation Commission was created by the passage of Ordinance No. 18,803. This eleven (11) member Commission meets once a month and has specific duties and responsibilities which are outlined in Chapter 2 of the Code of Ordinances; including the review of specific park projects. Staff believes it is now appropriate to remove that responsibility from the Planning Commission. Establishment of PR zoned properties through the City's land use plan and zoning will continue to be the responsibility of the Planning Commission and Board of Directors. SUGGESTED TEXT: ( ) Amend Section 36- 322.(b)(4) to read as follows: (1) The city staff shall present any plans for the development of a property within the PR park and recreation district to the parks and recreation commission at a public meeting and shall demonstrate that the proposed development, or redevelopment, plans are consistent with the goals expressed in the Little Rock Parks and Recreation Master Plan. This presentation is for information purposes only, and no formal action is required unless a majority of the members of the parks and recreation commission vote to approve a motion that states: a. That the city staff is in error; and b. The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks and Recreation Master Plan; and c. That the city board of directors should review the presented plan to determine if it is consistent with the Little Rock Parks and Recreation Master Plan; and d. If such an affirmative vote is taken, provides to the city board of directors a written list of the reasons that a majority of the members of the parks and recreation commission believe that the proposal is inconsistent with the Little Rock Parks and Recreation Master Plan. Page 13 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Clarification of language in the "UU" Urban Use District to state that ground- mounted signs are permitted only as a variance. CURRENT ORDINANCE LANGUAGE: Chapter 36., Section 36- 342(c)(11) SOURCE: Staff DRAFT 2 DATE November 14, 2007 (11) Signs. Off - premises, pole and monument signs are not allowed; otherwise, permitted signs shall be as in section 36 -553, signs permitted in institutional and office zones, of this chapter. On the street level, the maximum area of signage may be doubled if at least fifty (50) percent of the street -level office and retail space has direct access to the street. STAFF REPORT: ( With the initial adoption of the Urban Use zoning downtown, it was envisioned that new buildings would be required, in many instances, to be built to the front property line. Signage was focused on building mounted type signs that would be more appropriate for a pedestrial oriented area. The "UU" District encompasses a large area of downtown with varying types of development, some pedestrian oriented and some vehicle oriented. In some cases it is appropriate to allow ground signs. Staff believes it is appropriate to allow review of such requests on a case by case basis as a variance through the Board of Adjustment. SUGGESTED TEXT: ( Amend Chapter 36., Section 36- 342(c)(11) to read as follows: (11) Signs. Off - premises signs are not allowed. Ground mounted signs are discouraged and may only be permitted as a variance as per Division 2 of this chapter. Otherwise, permitted signs shall be as in section 36 -553, signs permitted in institutional and office zones, of this chapter. On the street level, the maximum area of signage may be doubled if at least fifty (50) percent of the street -level office and retail space has direct access to the street. Page 14 2007 PROPOSED ORDINANCE AMENDMENTS PROBLEM: Create a maximum size for allowable company or organizational flaps. SOURCE: Staff DRAFT 2 DATE November 14, 2007 CURRENT ORDINANCE LANGUAGE: Sec. 36 -550. Signs permitted in all zones. The following signs are permitted in all zones. (6) One (1) company or organizational in flag that can be displayed from a permanently mounted flag pole. STAFF REPORT: ( Staff responded to a complaint regarding what was thought to be an excessively large company flag. It was determined that there is no language in the code limiting the size of company flags. The Code does limit the size of banners to 100 square feet. Staff believes it is appropriate to limit properly mounted company or organizational flags to the same size since they do function much like a sign. SUGGESTED TEXT: ( Amend Chapter 36., Section 36- 550.(6) to read as follows: (6) One (1) company or organizational flag, not to exceed one hundred (100) square feet in area, that can be displayed from a permanently mounted flag pole. Page 15