202232010012490 Received: 3/8/2010 9:41 :18 AM
Recorded: 03108/2010 09:52 :04 AM Piled
Recorded in Official Records of PAT O'BRIEN,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $80.00
1 ORDINANCE NO. 20,223
3 AN ORDINANCE TO REPEAL CHAPTER 36, ARTICLE V, DIVISION 13,
4 SECTION 36- 434.10. THROUGH SECTION 36- 434.16, KNOWN AS
5 HILLCREST DESIGN OVERLAY DISTRICT; TO ADOPT NEW
6 LANGUAGE FOR CHAPTER 36., ARTICLE V, DIVISION 8, SECTION
7 36- 434.10. THROUGH SECTION 36- 434.16. TO BE KNOWN AS THE
8 HILLCREST DESIGN OVERLAY DISTRICT; AND FOR OTHER
9 PURPOSES.
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11 WHEREAS, as the Planning Staff, the Hillcrest Residents Association and the Hillcrest Merchants
12 Association has completed a through review concerning all aspects of the Design Overlay District; and
13 WHEREAS, as the Little Rock Planning Commission believes it appropriate to amend the plan;
14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
15 OF LITTLE ROCK, ARKANSAS.
16 Section 1. That Chapter 36, Article V, Division 13, Section 36- 434.10. through section 36- 434.16
17 inclusive, known as Design Guidelines be repealed.
18 Section 2. That the following be adopted as Chapter 36, Article V, Division 13, Section 36- 434.10.
19 through section 36- 434.16 to be known as HILLCREST DESIGN OVERLAY DISTRICT:
20 DIVISION 13. HILLCREST DESIGN OVERLAY DISTRICT*
21 Sec. 36- 434.10. Purpose and intent.
22 The purpose of a Hillcrest design overlay district (district) is to help maintain the
23 built environment in a neighborhood that is rich in history and architectural character and
24 consists of both a vital residential area and a thriving commercial sector. In order to
25 preserve and enhance those qualities, compatible design and scale of buildings, parking
26 areas, signage, landscaping, streetscapes, and street furnishings are required such that the
27 friendly, pedestrian- oriented, "small- town" nature of the neighborhood is continued.
28 Through additional guidelines for buildings, the district intends to prevent incompatible
29 and poorly planned projects from having a negative impact on Hillcrest's unique
30 character and its living and working environment. Such incompatible construction has
31 the potential to destroy the very attributes that have attracted people to the neighborhood
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32 since its beginning as Little Rock's first "suburb" in the 1890s, and more recently during ;.'`.r
33 its resurgence since the 1960s.
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Sec. 36- 434.11. Definitions.
Floor area ratio (FAR). The total area of all enclosed spaces on all floors of the
principal structure as measured to the outside surfaces of the exterior walls and including
halls, stairways, elevator shafts, and attached garages divided by the area of the lot.
Attached unfinished spaces such as storage areas, floored attics and above - ground
basements, shall be included as part of the permitted floor area at fifty (50) percent of the
measured area.
Crawlspaces or similar spaces that must be accessed from outside the main structure,
unenclosed porches, decks, and attached carports that are open on at least two sides are
excluded from the permitted floor area.
Grade plane. A reference plane representing the average of finished ground -level
adjoining the building at exterior walls. The reference plane shall be established by the
lowest points within the area between the building and the lot line or, where the lot line is
more than six (6) feet from the building, between the building and a point six (6) feet
from the building. A minimum of four (4) points, each from a different side of the
building, shall be used in this calculation.
Lot coverage. The area of a lot covered by a building or buildings expressed as a
percentage of the total lot area. All buildings or structures that have a roof are counted
toward the total. Decks, driveways, patios, arbors, trellises, and other structures that do
not have a roof are not counted toward the total.
Sec. 36- 434.12. Application of the regulations.
A. The regulations of this district shall be in addition to and shall overlay all other
zoning districts and other ordinance requirements regulating the development of land so
that any parcel of land lying in the overlay district shall also lie within one (1) or more of
the other underlying zoning districts. Therefore, all property within this overlay district
shall have requirements of both the underlying and overlay zoning districts, in addition to
any other provisions regulating the development of land. In case of conflicting standards
between this article and other city ordinances, the overlay requirements shall control.
B. These regulations shall apply to new development and redevelopment exceeding
fifty (50) percent of the structure's current replacement value or expansion of existing
development. These regulations shall apply to new development, expansion of existing
development, when a permit is requested for exterior improvements on buildings, and
private improvements located in the public right -of -way. Private improvements in the
public right -of -way may include, but not limited to: awnings, benches, and flagpoles.
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I Routine repairs, maintenance, and interior alterations shall not require compliance with
2 this section.
3 C. Uses, structures, or lots that existed on the effective date of this ordinance, July
4 17, 2007, which do not conform to the standards and guidelines established in this
5 division, shall be treated as nonconforming according to the provisions of article III.
6 Nonconforming status shall not apply to construction of improvements in the public
7 right -of -way required by the city, redevelopment, or expansion of the existing
8 development.
9 D. The following guidelines shall apply to both residential and nonresidential types
10 of structures. In the case of multiuse structures, the applicant shall conform to Sec. 36-
11 434.15, the Multi- Family — Non - Residential Developments.
12 E. Churches and schools, regardless of underlying zoning shall conform to Sec. 36-
13 434.15. Multi- Family — Non Residential Developments. All other properties which
14 require Conditional Use Permits and Special Use Permits on residentially zoned land
15 shall conform to Sec. 36- 434.14. Single Family and Two Family Development section.
16 Sec. 36- 434.13. Overlay boundaries.
17 The district shall include all parcels within the area bounded as follows, less that area
18 within the Midtown DOD (chapter 36, article V, division 10):
19 Starting at the southwest corner of the Arkansas School for the Blind (with
20 Markham), thence west along Markham to University Avenue, thence north along
21 University Avenue to "H" Street, thence east along "H" Street to Fillmore, thence
22 north along Fillmore Street to "L" Street, thence east along "L" Street to Kavanaugh
23 Boulevard, thence south along Kavanaugh Boulevard to North Lookout Street, thence
24 east along North Lookout (southern boundary of Allsop Park (north)), thence east and
25 south along the north and west boundary of Doyle Place Addition to Allsop Park
26 (south), thence south and west along said boundary to Cedar Hill Road, thence
27 southwest along Cedar Hill Road to a point approximately two hundred fifty (250)
28 feet west of Cedar Hill Circle, thence, south approximately two hundred (200) feet,
29 thence north east parallel to Oakwood !,Road approximately seven hundred (700) feet,
30 thence south to a point two hundred (2100) feet north of "I" Street, thence east parallel
31 to "I" Street and Edgerstoune Lane approximately one thousand six hundred (1,600)
32 feet, thence south approximately two hundred (200) feet to Ozark Point Water
33 Treatment Plant, thence east, south and west along the boundary of the Ozark Point
34 Water Treatment Plant to Arkansas School for the Blind, thence south along the
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1 western boundary of the Arkansas School for the Blind to Markham the point of
2 beginning.
3 Sec. 36- 434.14. Single Family and Two Family Developments.
4 The residential regulations shall apply to Single Family and Two Family
5 Developments R -2, R -3, and R -4 residential zoned land within the district boundaries.
6 Although the overlay district does not regulate the style and character of Hillcrest
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housing, new construction and additions should be respectful of the prevailing styles of
the neighborhood. The compatible design of housing contributes to the richness of the
history and architectural character of Hillcrest.
A. Scale.
Floor -to -area ratio is abbreviated as FAR.
Lot sizes of less than eight thousand (8, 000) square feet.
* For residential structures with one (1) floor, the FAR shall be 0.37;
* For residential structures with two (2) floors, the FAR shall be 0.50;
* For residential structures with two (2) or more floors, i.e. built -out attics, the FAR shall
be .55.
Lot sizes of eight thousand (8, 000) square feet or more.
* For residential structures with one (1) floor, the FAR shall be 0.37;
* For residential structures with more than one (1) floor, the FAR shall be 0.50.
The purchase of an adjoining lot shall not allow a proportionate increase in the size of the
building in all cases. For the purposes of computing the FAR, lot sizes of more than ten
thousand (10,000) square feet shall use a maximum lot size in the calculations of ten
thousand (10,000) square feet. Any lot of record or any combination of lots creating a
zoning lot of record exceeding ten thousand (10,000) square feet in existence at the time
of the adoption of this section shall have an FAR as described for lots exceeding eight
thousand (8,000) square feet.
B. Mass. Maximum lot coverage for all structures under roof shall not exceed fifty
(50) percent. For lots of four thousand five hundred (4,500) SF or less, maximum lot
coverage for all structures under roof shall not exceed sixty (60) percent.
C. Setbacks. All setbacks shall be as required for the zoning district, except as
follows:
1. The minimum front yard setback for new principal strictures or additions to
principal structures in the R -2, R -3, and R -4 zoning districts shall be fifteen (15)
feet in all instances.
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1 2. Front yard and side yard setbacks on existing and proposed buildings shall be
2 measured from twelve (12) inches above grade on the closest vertical surface
3 measured to the property line.
4 3. Front yard setbacks for structures on interior lots: The front yard setback for the
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principal structure shall be aligned with the average of the current setbacks of the
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adjoining residential structures within ten (10) percent variance, but no structure
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may be within the minimum fifteen (15) foot front setback as established in this
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section.
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4.
If adjoining structure(s) or the average of the adjoining structure(s) is
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encroaching into the minimum fifteen (15) foot front yard setback as set forth in
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this section or the minimum street side yard setback as stated elsewhere in this
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Chapter, the building shall be built to the minimum front yard and /or the street
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side yard setback line.
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5.
Additions to the side of a principal structure on an interior lot line shall not be
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subject to the front yard setback 10% variance rule if the addition does not extend
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in front of the main wall of the existing structure towards the front property line.
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6.
Front and street side yard setbacks for structures on corner lots: The front yard
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setback shall be within 10% of the adjoining residential principal structure and
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the street side yard setback shall be within 10% of the adjoining residential
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principal structure but no structures shall be built within the minimum front or
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side yard setbacks.
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7.
Additions to the rear of the principal structure on a corner lot shall not be subject
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to the side yard setback 10% variation rule if the addition does not extend in front
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of the main wall of the structure towards the street side property line.
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8.
When determining front or side yard setbacks on a structure that is oriented
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differently than all other structures on the block face, the front yard setback shall
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be fifteen (15) feet and the side yard setback shall be 10% of the lot width not to
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exceed eight (8) feet.
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9.
Accessory Buildings setbacks and separations shall be as permitted in 36 -156
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(Height and area exceptions).
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D.
Accessory Building Coverage. Accessory building coverage within the twenty -
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five -foot setback from the rear property line shall be no more than forty (40) percent of
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the area in that section.
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E. Building height and ridge -line elevations. Maximum building height shall be
thirty-nine (39) feet, measured from the "grade plane" to the ridge -line of the highest roof
surface. In addition, new buildings and additions shall be constructed to an elevation that
is within one story of the adjacent residential structures.
Sec. 36- 434.15. Multi- Family and Non - residential Developments.
The Multi - Family and Non - residential Developments regulations shall apply to all
zoning districts except R -2, R -3 and R -4 within the district, and shall apply to all
churches and schools, regardless of underlying zoning within the district.
A. Building form. New and renovated buildings (more than fifty (50) percent
exterior surface area altered) shall be compatible with existing scale, setbacks, and mass
of the buildings in the immediate area (e.g., along Kavanaugh Boulevard most buildings
have minimum setbacks from the street, whereas along Beechwood the former residences
have set -backs with yards).
1. Facades. Street -level facades shall reflect the same building materials as existing
commercial buildings in the one -block area adjacent to and across from the
location. Predominant exterior building materials may be any standard material,
except corrugated or ribbed materials, smooth -faced concrete block, tilt -up
concrete panels, or prefabricated steel panels.
2. Setbacks. Setbacks from street and alley shall meet current code requirements,
except setbacks may align with surrounding structures.
Front -yard setbacks on Kavanaugh Boulevard between Rose Street and L
Street shall not exceed ten (10) feet. A minimum of fifty (50) percent of the front
facade must be constructed along this line. Front yard and side yard setback on
existing and proposed buildings shall be measured from twelve (12) inches above
grade on the closest vertical surface measured to the appropriate property line.
3. Height. Maximum building height shall be thirty-nine (39) feet, measured from
the "grade plane" to the ridge -line of the highest roof surface or parapet wall.
4. Building form.
(a) Wall projections or recesses a minimum of three (3) feet depth and a
minimum of twenty (20) contiguous feet not to extend over twenty (20)
percent of the facade shall be required. Arcades, display windows, entry
areas or awnings shall exist along at least sixty (60) percent of the facade.
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I (b) Buildings shall maintain a, distinction between upper and lower levels; any
2 elevation greater than eighteen feet in height shall contain an architectural
3 treatment, which visually divides the structure into "stories ".
4 (c) Roof lines shall be varied with a change in height every one hundred (100)
5 linear feet in building length. Parapets, mansard roofs, gable roofs, high
6 roofs shall be used to conceal flat roofs and roof top equipment.
7 B. Parking.
8 1. Standard parking requirements. Parking requirements within the district shall be
9 fifty (50) percent of that required by Article VIII. The maximum parking
10 allowed for this district shall be the minimum standard established in Article
11 VIII. Multi- Family developments or mixed -use developments that contain
12 residential units must provide the minimum number of parking spaces as required
13 in Sec. 36 -502 for those residential units. All other parking for the mixed -use
14 facility may develop at the requirements stated in this division.
15 2. Off-site parking. Where on- street parking is allowed it shall be credited toward
16 the parking requirements at a rate of one (1) space per ten (10) linear feet of
17 street frontage. Parking spaces within a common parking facility may be counted
18 toward the parking requirements of any development. The total number of
19 parking spaces within the common parking facility shall not be less than the sum
20 of requirements for the various individual uses utilizing the facility.
21 3. Parking facilities. Surface parking shall be limited to the side and rear of
22 structures. No parking shall be allowed in the "front- yard" setback. Surface
23 parking is to be located behind or adjacent to a structure, never between the
24 building and any abutting street.
25 Any parking structure shall be required to have active uses on the street level
26 other than parking (such as quiet office, or neighborhood retail uses).
27 C. Utilities and services. All new developments are required to place utilities and
28 cabled services in subterranean locations from the pole to the structure.
29 D. Signage. Permitted signs shall be as in section 36 -553, signs permitted in
30 institutional and office zones. On the street level, the maximum area of sgnage may be
31 doubled if at least fifty (50) percent of the street -level office and retail space has direct
32 access to the street.
33 The highest point on any commercial sign attached to the building shall not exceed
34 the corresponding building's height.
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I * Freestanding commercial signs may not exceed eighteen (18) feet in height.
2 * Neon -lit signs greater than thirty (30) square feet are prohibited.
3 * Off - premises signs are prohibited.
4 E. Lighting.
5 1. The purpose of this section is to regulate the intensity of exterior lighting. The
6 intent is to prevent light from commercial developments from excessively
7 illuminating the property in question, other properties, or the night sky.
8 2. Only light fixtures that are categorized as full cut -off (FCO) fixtures shall be
9 permitted. The use of frilly shielded (FCO) floodlights are permitted but not
10 encouraged.
11 3. The following are specific standards for lighting intensity based upon the
12 activities performed involved. Values are presented in allowable foot - candles
13 (fc) maintained (measured horizontally) at grade and are to be averaged
14 throughout the site to avoid hot spots, i.e. areas of extreme light intensity relative
15 to the remainder of the site:
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17 TABLE INSET:
Land Use
Minimum
Maximum
Pedestrian areas /sidewalks
0.2 fc
1.0 fc
Building entries
1.0 fc
10.0 fc
Street lighting
0.2 fc
1.0 fc
Parking areas
2.0 fc
4.0 fc
Playgrounds
5.0 fc
Sports grounds
20.0 fc
Site perimeter
0.5 fc
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20 4. Gas station canopies shall be illuminated at a maximum luminance of thirty (30)
21 fc and individual fixtures shall be flush mounted or have the canopy edge below
22 the lowest light- emitting point on the fixtures.
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1 5. Up lighting may be used to illuminate a building, landscaping element or
2 architectural feature, provided the lighting design has a maximum luminance of
3 twelve (12) fc, measured in a vertical plane. Down lighting is preferred.
4 6. A lighting plan shall be submitted for staff review and approval prior to issuance
5 of building permits. The plan shall contain the following information:
6 (a) An area lighting plan, drawn to scale, indicating all structures, parking lots,
7 building entrances, vehicular and pedestrian traffic areas, vegetation that may
8 interfere with lighting, and adjacent land uses that may be adversely
9 impacted by the lighting. The plan shall contain a layout of all proposed
10 fixtures by location, orientation, aiming direction, mounting height and type.
11 (b) The submission shall include, in addition to proposed area lighting, all other
12 exterior lighting, e.g., architectural, building entrance, landscape, flagpole,
13 sign, etc.
14 (c) A ten (10) foot luminance grid (point -by- point) of maintained foot - candles
15 overlaid on the site plan plotted out to 0.0 foot - candles, which demonstrates
16 compliance with light intensity standards.
17 Sec. 36- 434.16. Exceptions.
18 Property, if for any reason, that cannot be developed without violating the standards
19 of this article shall be reviewed through the planned zoning district (PZD) section of the
20 zoning ordinance, with the intent to devise a workable development plan which is
21 consistent with the purpose and intent of the overlay standards
22 Secs. 36- 434.17 - -36- 434.24. Reserved.
23 Section 3. That the ordinance shall take effect and be in full force from and after its passage and
24 approval.
25 Section 4. Severability, In the event any portion of this ordinance is declared or adjudged to be
26 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this
27 ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or
28 unconstitutional were not originally a part of this ordinance.
29 Section 5. Repealer. All ordinance and resolutions, and parts thereof, which are in conflict with any
30 provision of this ordinance are hereby repealed to the extent of such conflict.
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32 PASSED: March 2, 2010
33 H
34 U
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I ATTEST:
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4 in n gl , A ing City Clerk
5 APPR E LEGAL FORM:
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8 Thomas M. Carpenter, City t rney
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APPROVED:
C�
Mark Stodola, Mayor
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