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13827ORDINANCE NO. 13 827 AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Chapter 37 of the Code of Ordinances, establishing rules and regulations for the subdividing of land shall be amended as follows: Subsection (a) Section 37.4. Jurisdiction and application paragraph two shall be amended to read as follows: These regulations shall be applicable to all lands within the city and its planning jurisdiction except lots of record prior to the adoption of this ordinance. Lots which were not in compliance with prior subdivision regulations shall be deemed to be in violation of this ordinance. The planning area map is included in this text and titled Map A -1. Subsection (b) Section 37.4. Jurisdiction and application Paragraph D shall be amended to read as follows: D. Large scale development involving the construction of two or more buildings, together with necessary drives and accessways, which is not subdivided into customary lots, blocks and streets shall be considered a subdivision and subject to this ordinance. Plans for such developments shall be submitted to the Planning Commission for approval. After approval is granted, a plat in proper form for recording shall be submitted to the County Recorder. No building permit shall be issued for development of the site until the plat has been filed for record. Subsection (c) Section 37.8. Resubdivision of Land, Paragraphs A. and B. shall be deleted in their entirety and replaced by Paragraphs A. and B. as follows: A. Previously platted lots served by an existing street system may be recombined without replatting, provided that there is no increase in the number of lots and no increase in the number or extent of nonconformities of size, shape or open space. B. Previously platted lots or series of lots returned to acreage by court order or which were formerly provided access from rights -of -way which have been abandoned, shall be resubdivided in conformance with these regulations prior to issuance of any permits for construction. The reduction to acreage and /or abandonment of street right -of -way shall constitute abandonment of the former lots of record. Subsection (d) Section 37.9, Paragraph A. Vacation of Plats shall be amended to read as follows: A. Any plat or any part of any plat lying within the City of Little Rock, Arkansas may be vacated by the owner at any time before the sale of any lot therein. Vacation of a plat shall be subject to the approval of the Board of Directors. The Board of Directors may reject any proposed plat vacation which abridges or destroys any public rights in any public use areas, improvements, streets or alleys. Any plat lying outside the City limits of the City of Little Rock, Arkansas and within the extraterritorial jurisdiction may be vacated by action of the appropriate county authority. The owner of lands for which a request for vacation is filed and granted shall provide the appropriate documents to the County Recorder to carry out the vacation order. Subsection (e) Section 37.10. Variances, Paragraph A.4. shall be amended to add the following: . . . For purposes of platting lots abutting or fronting on streets identified as requiring special setbacks in the Master Street Plan, the platted building lines shall conform to this ordinance. This is permitted only in those instances where all physical requirements of the Master Street Plan are in place or proposed in conjunction with the plat. Subsection (f) Section 37.11.A. Shall be amended to provide for the inclusion of a new definition which reads as follows: 26A. Lot of Record - Any tract, lot, parcel or legally describable ownership existing prior to the adoption of this ordinance. In order to qualify, a public record such as a deed or plat shall be required. Subsection (g) Section 37.11.A. shall be amended to provide for the deletion of definition number 42. Pipe -Stem Lots and the introduction of the definition as Number 30 -A. retitled and as follows: 30A. Lots Pipe -Stem - Lots with narrow street frontage and disproportionately wider rear yards. Subsection (h) - Section 37.11.A. shall be amended to provide for amendment of definition Number 50. Service Easement, which shall read as follows: 50. Service Easement - A recorded easement used by public utilities for the purpose of installation and maintenance of facilities or used by the public as a means of vehicular access to commercial, office, industrial and multifamily developments. Subsection (i) - Section 37.11.A shall be amended to provide for amendment of definition Number 53. Street, Boundary, which shall read as follows: 53. Street, Boundary - an existing or proposed public street or street right -of -way abutting or sharing a common property line with a tract of land to be developed or subdivided. Subsection (j) - Section 37.11.A. shall be amended to delete definition Number 64. in its entirety and place notice procedure in Section 37.14, Paragraph B. Paragraph B. to be amended to read as follows: B. Notification - For nonresidential plats, the applicant shall submit proof of written notice to all owners of land contiguous to the subdivision presented for approval. For residential plats the applicant shall give written notice, to all owners of unplatted tracts and all platted tracts in excess of 2.5 acres contiguous to the subdivision presented for approval. For all owners of residential or nonresidential parcels landlocked and contiguous to the subdivision, notice shall be given. The procedure for such notice shall be as follows: Not less than ten days prior to the Planning Commission Meeting, a written notification containing the time, place and date of the hearing shall be given. The applicant shall obtain the names of those owners required to be notified from a licensed abstractor. Said notice shall be sent by certified or registered mail or a petition of notification circulated to the last known address of such record owner(s) and the petitioner shall execute and file with the Planning staff an affidavit showing compliance herewith, attaching as exhibits to said affidavit official evidence that said notices have been so mailed or petition circulated. Subsection (k) - Section 37.14, Paragraph A. shall be amended to provide for deletion of reference to Article IV, Section 2.0 and insertion in its place of Article IV, Section 38.17. Subsection (1) - Section 37.13 Paragraph B.3. shall be amended to provide for deletion of the reference to Article III, Section 5.0 and insertion in its place of Article III, Section 37.16. Subsection (m) - Section 37.15, Paragraph A. shall be amended to provide for deletion of the reference to Article IV, Section 3.0 and insertion in its place of Article IV, Section 37.19. Subsection (n) - Section 37.15, Paragraph B. shall be amended to read as follows: B. The Engineering Division of Community Services Department shall review final plats for conformance with drainage and /or construction plans approved in conjunction with the preliminary plat. Comments will be forwarded to the Office of Comprehensive Planning for use in final plat review. Subsection (o) - amended to delete 2.0 and insertion 37.35. Subsection (p) - amended to delete 3.0 and insertion 37.19. Subsection (q) - amended to delete 3.0 and insertion 37.19. Section 37.15, Paragraph C. shall be the reference to Article VI, Section in its place of Article VI, Section Section 37.15, Paragraph C. shall be the reference to Article IV, Section in its place of Article IV, Section Section 37.15, Paragraph E. shall be the reference to Article IV, Section in its place of Article IV, Section Subsection (r) - Section 37.16, Paragraph D. shall be amended to delete the reference to Article VII, Section 43 -48 and insertion in its place of Article IX, Section 9 -101. Subsection (s) - Section 37.18, Paragraph A.13. shall be amended to read as follows: 13. Where wastewater disposal is to be accomplished by extending wastewater utility facilities, this circumstance shall be indicated. In those instances where extraordinary systems are proposed in lieu of extending public wastewater systems, detailed information shall accompany the plat. Subsection (t) - Section 37.18, Paragraph C.7. Shall be amended to read as follows: 7. Any portion of property within the floodway or the 100 year floodplain,'-based upon the Federal Insurance Administration's National Flood Insurance Program provided for and adopted by the City of Little Rock. Subsection (u) - Section 37.18, Paragraph D.2. shall be amended to read as follows: 2. Floodplain Analysis - Where a portion of a plat is suspected to be flood prone, and that area is not covered by the Flood Insurance Study prepared by the Federal Insurance Administration for the National Flood Insurance Program, or is not covered by available U.S. Army Corps of Engineers information, an Engineering analysis shall be submitted. The analysis shall be submitted as part of the preliminary plat filing. The Engineering Division shall be provided with copies for review and approval prior to submission of staff analysis to the Planning Commission. Such analysis shall be prepared by the engineer of record at owner's expense. The analysis shall determine to the best of the engineer's ability a safe building line, and it shall be clearly and legibly drawn on the preliminary plat. Subsection (v) - Section 37.19, Paragraph B.18. shall be added to read as follows: 18. Any area or lot which may be prone to local flooding shall have the lowest allowable finished floor elevation indicated on the final plat. This elevation shall be compared to the one in one hundred year flood elevation shown on the Flood Insurance Study or, if not available, any other applicable study in which the one in one hundred year flood elevation is depicted. The Engineering Division of the Community Services Department shall review an approve compliance with the local Flood Hazard Prevention Ordinance. Subsection (w) - Section 37.20, Paragraph A.5. shall be amended to read as follows: 5. The rezoning of any ownership may be required, when the platting is proposed for change to a format which is incompatible with the existing zoning classification. The replatting of an ownership may be required when the zoning classification of an ownership is changed to a district which is incompatible with the existing platting of such property. Subsection (x) - Section 37.20, Paragraph A.5. shall be amended to read as follows: 5. When rezoning is required to bring a proposed subdivision into conformance with the intended use, such action shall be initiated by the applicant prior to or simultaneously with the request for subdivision approval. If the zoning classification of property is changed subsequent to final approval, a replat of the property may be required by the Commission. Subsection (y) - Section 37.20, Paragraph F. shall be amended to provide for deletion of the reference to Article VII and insertion in its place of Article IX. Subsection (z) - Section 37.21.A. shall be amended to read as follows: Streets shall be related appropriately to the topography so as to produce useable lots and streets of reasonable gradient. Street grades and alignment shall conform reasonably to the original topography. In steep areas, through streets should generally follow contour lines rather than cross them. Combinations of steep grades and curves shall be avoided. Sudden and frequent changes of grade along arterials shall be avoided. Sharp horizontal curvature should be avoided if possible at or near the high point of a crest vertical curve or near the low point of a pronounced sag vertical curve. Subsection (aa) - Section 37.21, Paragraph B.3. shall be amended to read as follows: B.3. New boundary streets shall be avoided except where a requirement of the Master Street Plan provides a defined alignment. In that event, the development or plat proposed shall provide one -half of the Master Street Plan specified improvements and right -of -way. Whenever a proposed subdivision abuts a partially dedicated or constructed public street, the developer shall provide the minimum of one -half of the required improvements and right -of -way. The Planning Commission may authorize a new boundary street when the subdivider proposes to dedicate the entire right -of -way and construct all the required improvements. In no case shall a subdivider retain a parcel of land lying between a newly created boundary street and a former property line, the purpose of which would be to deny access by abutting owners. Subsection (bb) - Section 37 -21 shall be amended to provide for the creation of Paragraph B.M. which shall read as follows: B.3A. For purposes of determining the extent of required improvements on boundary streets, the right -of -way centerline shall be deemed to be the plat boundary. Where a clearly defined right -of -way does not exist, the City Engineer shall establish the centerline location. Subsection (cc) - Section 37.21 shall be amended with respect to the chart titled residential street classification. The following changes shall be made: 1. The chart shall be given the title of Chart 1, Residential Street Classification. 2. The minimum right -of -way width for a principal arterial shall be changed from 120 feet to 100 feet. 3. The minimum sight distance at the crest of a vertical curve shall be changed from 150 feet to 110 feet on minor residential streets 4. The approximate design speed on principal arterials shall be changed from 40 to 50 MPH. 5. The minimum sight distance at the crest of a vertical curve shall be changed from 300 feet to 350 feet, on principal arterials. 6. The minimum site distance at the crest of a vertical curve shall be changed from 300 feet to 275 feet, on minor arterial streets. 7. The minimum horizontal radius at centerline on a prinicpal arterial street shall be changed from 600 feet to 1400 feet. 8. The minimum horizontal radius at centerline on a minor arterial street shall be changed from 600 feet to 820 feet. Subsection (dd) - Section 37.21, Paragraph 8.b shall be amended to read as follows: 8.b Where collector or arterial streets intersect. other collector or arterial streets at the intersection shall not be less than thirty -one and one -half (31 1/2) feet. Where residential streets intersect with other residential, collector or arterial streets, the curb radii at the intersection shall be not less than twenty -five (25) feet. Subsection (ee) - Section 37.21.B.8.e. shall be amended to read as follows: e. Additional street paving and right -of -way in the form of turning lanes shall normally be required by the Engineering division of the Community Services Department along arterial streets at intersections with other arterial or collector streets. Subsection (ff) - Section 37.23 shall be amended to read as follows: Alleys may be allowed at the rear of commercial lots, but shall not be permitted in residential blocks except as a means of secondary access. In the event a subdivider proposes the platting of alleys in a residential development, evidence in support of the need for alleys shall be filed with the plat and made a part of the application. Such need or circumstances shall be interpreted to include provision of access to lots on terrain with grades which make frontal access impossible. Subsection (gg) - Section 37.24, Paragraph E. shall be amended to read as follows: E. Where a subdivision abuts or contains an existing or proposed arterial street, freeway expressway or railroad right -of -way, the Planning Commission may require double frontage and reversed frontage lots as a means of providing adequate protection of residential development and to afford separation of land from through traffic. Double frontage lots may also be used to facilitate residential development in hillside areas as defined in Article V, Section 37.32 of this ordinance. Elsewhere, double frontage lots shall be avoided. Subsection (hh) - Section 37.25 shall be amended to delete the last sentence of Paragraph A. and read as follows: A. Building lines for residential lots shall be at least twenty -five (25) feet from each street property line except in the following circumstances: residential lots fronting on collector streets shall have a platted building line not less than thirty (30) feet from the right -of -way line; residential lots fronting on a minor arterial street shall have a platted building line not less than thirty -five (35) feet from the right -of -way line. Subsection (ii) - Section 37.25, Paragraph C. shall be amended to read as follows: C. Multifamily (more than 4 units) subdivisions abutting single family subdivisions or areas zoned for single family use shall protect such areas from potential nuisance by providing a minimum forty (40) foot buffer strip and 6 foot fence of opaque nature. In those instances where drives or parking areas are proposed for intrusion into the buffer strip a minimum of 15 feet shall be retained in its natural state. If ground cover and trees are sparse or have been removed, the 15 foot strip shall be replanted with cover of the type natural to the area. No building, outside storage areas or sanitation equipment shall be permitted within the 15 foot area. In those instances where a 25' permanent landscaped rear yard is provided, the buffer may be reduced to 25'. In this arrangement, no structural or physical improvement are allowed within the 25' buffer. The 6' fence requirement will apply. The fence shall be of wood, metal or masonry and extend along the entire property line common to single family use or zoning. Subsection (jj) - Section 37.25 shall be amended to provide for the inclusion of an additional paragraph to read as follows: D. Multifamily subdivisions (more than 4 units) abutting areas zoned for multifamily or developed as multifamily shall provide side and rear setbacks along such common lines as provided in the City of Little Rock Zoning Ordinance for the density of units proposed. Subsection (kk) - Section 37.26.B shall be amended to read as follows: B. Blocks in residential subdivisions shall not exceed twenty two hundred ( 2200 ) feet in length nor be less than four hundred (400) feet in length. Wherever practicable, blocks along major and minor arterial streets shall be not less than one thousand (1000) feet in length. Subsection (11) - Section 37.26, Paragraph D. shall be amended to read as follows: D. Blocks shall have sufficient depth to provide for two (2) tiers of lots unless a different arrangement is required in the form of a single tier of lots of maximum depth for blocks adjacent to arterial streets, expressways, freeways, railroads or waterways. Subsection (mm) - Section 37.27, Paragraph C. shall be amended to delete the reference to Article V, Section 8.O.G. and insertion in its place of Article V, Section 37.27.G. Subsection (nn) - Section 37.28 Paragraph G. shall be amended to read as follows: G. Box culverts and bridges which cross public streets need not extend from right -of -way line to right -of -way line, but shall be of sufficient width to accommodate vehicular and pedestrian traffic. Box culverts having a clear span of less than six (6) feet shall not qualify as a box culvert in the above provision, but shall extend across the street from right -of -way line to right -of -way line. Subsection (oo) - Section 37.28, Paragraph H. shall be deleted entirely. Subsection (pp) - Section 37.29, shall be amended to provide for rewording of Paragraph A.l. A. General 1. Commercial /office subdivisions abutting residential subdivisions or areas zoned for residential use shall protect such areas from potential nuisance by providing a minimum 40 foot buffer strip and a 6 foot fence. In those instances where drives or parking are proposed for intrusion into the buffer strip, a minimum of 15 feet shall be retained in its natural state. If ground cover or trees are sparse or have been removed, the 15 foot strip shall be replanted with cover of the type natural to the area. No building, outside storage, or sanitation equipment shall be permitted within the 15 foot area. The fence shall be of wood, metal or masonry and extend along the entire property line common to single family use or zoning. Subsection (qq) - Section 37.29, Paragraph B. shall be amended to read as follows: B. Boundary streets abutting a proposed commercial /office subdivision shall be developed in accordance with the Master Street Plan. Where an internalized system of public streets or private service easements is proposed for commercial /office subdivision, the following design standards shall be observed. Subsection (ss) - Section 37.29, Paragraph D. shall be amended to read as follows: D. Lots The depth and width for lots within plats located inside the City Limits shall conform to the applicable zoning district. Minimum Minimum R.O.W. Paving Street Type Width Width Sidewalks Commercial 60 ft. 36 ft. Both Sides Minor Commercial 50 ft. 27 ft. Both Sides (A cul -de -sac not more than 300 ft. long) Alley (when required) 20 ft. 17 ft. N/A Subsection (rr) - Section 37.29, Paragraph C. shall be amended to delete the reference to Article V, Section Section 2.0 and insertion in its place of Article V, 37.21. Subsection (ss) - Section 37.29, Paragraph D. shall be amended to read as follows: D. Lots The depth and width for lots within plats located inside the City Limits shall conform to the applicable zoning district. The depth and width for lots located outside the City Limits but within the planning jurisdiction shall comply with the following: minimum dimensions for commercial lots shall be one hundred (100) feet of frontage by one hundred fifty (150) feet of depth. In all instances, no commercial /office lot shall have a depth exceeding three (3) times the width. Pipe stem lots are expressly prohibited in office /commercial subdivisions. Subsection (tt) - Section 37.29, Paragraph F. shall be amended to read as follows: F. Building lines for lots within plats located inside the City limits shall conform to the applicable zoning district. Building lines for lots located outside the City limits but within the planning jurisdiction shall comply with the following: front yard building lines for commercial lots shall be at least forty five (45) feet from the street right -of -way. In all instances where a landscaped green area is substituted for parking and vehicular movement area between the building line and the street right -of -way, a 25 foot front yard setback may be approved by the Planning Commission. Approval of the 25 foot commercial building line shall be permitted on all lots fronting on streets as defined in this ordinance and shall be contingent upon submission of both a site plan dimensioning the landscaping and a bill of assurance prohibiting use of the yard area for parking. Such landscaped areas may be traversed by not more than two driveways providing access to the sides and rear of the lot. Subsection (uu) - Section 37.29, Paragraph G.1. shall be amended to provide for deletion of the reference to Article V, Section 10.0 and insertion in its place of Article V, Section 37.29. Subsection (vv) - Section 37.29, Paragraph G.2. shall be amended to read as follows: G.2. Service Easements where a commercial /office subdivision requires the creation of an internalized circulation system to provide access to multiple lots and building sites, the Planning Commission may, at its option, authorize th use of a service easement in lieu of public commercial streets. Location of private service easements shall be indicated on the plat and be built to public street dimensions, except where in the opinio of the staff and the Planning Commission, a reduced pavement width is deemed sufficient to ensure safe and convenient access to the lots and otherwise fully complies in all respects with the purpose and intent of this ordinance. Design of service easements shall be subject to the review and approval of the City Engineering Division. Subsection (ww) - Section 37.29, Paragraph H. shall be amended to provide for deletion of the reference to Article V, Section 10.0 and insertion in its place of Article V, Section 37.29. Subsection (xx) - Section 37.30 Paragraph C. shall be amended to read as follows: C. Blocks and Lots - In general, proposed industrial sites shall be suitable in area and dimension for the type of industrial development anticipated. The depth and width for lots within plats located inside the City limits shall conform to the applicable zoning district. The depth and width for lots within plats located outside the City limits but within the planning jurisdiction shall comply with the following: 1. Minimum lot depth shall be 200 feet. 2. Minimum lot width shall be 150 feet. No lot shall have a depth greater than (3) three times its width. Pipe stem lots are expressly prohibited. Subsection (yy) - Section 37.30 Paragraph E.b. shall be amended to read as follows: b. The side slope for both slopes of an earthen ditch shall be at a slope of three to one (3:1) or less. For concrete or riprap lined ditches, a slope of one to one (1:1) or less is permissible with the approval of the Engineering Division. Subsection (zz) - Section 37.30, Paragraph D. shall be amended to read as follows: D. Building Lines and Lot Coverage - Building lines for plats located within the City limits shall conform to the applicable zoning district. Building lines for plats outside the City limits but within the planning jurisdiction shall conform to the following: Building lines and setback lines shall be a minimum of fifty ( 50 ) feet from all industrial street R.O.W. lines and a minimum of seventy (70) feet from all arterial street R.O.W. lines. A minimum of thirty (30) feet of setback shall be provided on all other property lines. One half of any adjacent permanent open space or easement retained by the grantor for utility or other purposes or dedicated to the public shall be allowed as part of the required thirty (30) feet of setback except that in no case shall the total separation between buildings on adjacent tracts or lots be less than sixty (60) feet. Subsection (aaa) - Section 37.34, Paragraph A. shall be amended to read as follows: A. Streets - All streets shall be constructed in accordance with applicable City of Little Rock standards and specifications as provided in the Master Street Plan of the City of Little Rock or other such standards and specifications adopted by the Board of Directors. Subsection (bbb) - Section 37.35, Paragraph E. shall be retitled Paragraph F., and a new Paragraph E. inserted which shall read as follows: E. Holding Accounts (in lieu fee) - In certain cases, the subdivider may be allowed to contribute funds to a holding account as specified by the Off -Site Improvements Ordinance. Subsection (ccc) - Section 37.16, Paragraph C.1. shall be amended to read as follows: C. Lot Splits 1. General Intent and Definition - The Planning Commission hereby delegates to and designates the Planning Director the authority for approving or disapproving lot splits, where a single lot, tract or parcel is being split into two lots. The minimum lot size shall be governed by the lot size specified by the zoning classification of the subject property. SECTION 2. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE. PASSED: June 3, 1980 ATTEST: (25 APPROVED: Ity Clerk Mayor