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HomeMy WebLinkAbout21168 1111111111111111111111111111111111111 2016006533 c , V •/ PRESENTED:02-03-2016 01:23:40 PM RECORDED:02-03-2016 01:31.01 PM , In Official Records of Larry Crane Circuit/County Clerk OW,* P LASKI CO,AR FEE$40.00 ORDINANCE NO. 21,16 3 /, ��C1 , ,N``ORDINANCE TO AMEND CHAPTER 36 OF THE "��������: CODE OF 4 ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, TO 5 - PROVIDE FOR THE MODIFICATION OF VARIOUS PROCEDURES, 6 DEFINITIONS, LAND USE REGULATIONS; AND 'FOR OTHER 7 PURPOSES. 8 9 WHEREAS, it has been determined by the Little Rock Planning Commission that a regular review of 10 this Chapter is appropriate; and 11 WHEREAS, the Planning Commission has determined that several modifications are appropriate at 12 this time; and 13 WHEREAS, at its November 5, 2015, meeting, the Planning Commission voted-to recommend 14 approval of these proposed amendments; 15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 16 OF LITTLE ROCK,ARKANSAS: 17 SECTION 1. That various provisions of Chapter 36 of the Code of Ordinances of the City of Little 18 Rock,Arkansas, be amended as follows: 19 Subsection (a). That Chapter 36, Section 36-3. definition of"bed and breakfast house" be 20 amended to delete certain text and to then read as follows: 21 Bed and breakfast house means an owner occupied single-family residence which contains 22 not more than five(5)guest rooms which for a fee may be occupied by a guest for no longer 23 than fourteen (14)consecutive days. 24 Subsection(b). That Chapter 36, Section 36-545. be amended to provide for the addition of a 25 new subsection(m)to read as follows: 26 (m) Any sign for which a sign permit has been issued must be erected within 180 days of 27 the issuance of the permit, otherwise the sign permit shall be voided and the permit fee 28 shall not be refunded. 29 Subsection (c). That Chapter 36, Section 36-512. (b) be amended to provide for the addition 30 of a new subsection (9)to read as follows: 31 (9)Mobile Canteen Units. 32 Subsection (d). That Chapter 36, Section 36-348. be deleted in its entirety and replaced with 33 . new text to read as follows: 34 ]Page 1 of 6J 1 Section 36-348. Exceptions. 2 Property, if for any reason, that cannot be developed without violating the standards of the 3 Design Overlay District shall be reviewed through the PZD,Planned Zoning District,section of the 4 Zoning Ordinance,with the intent to devise a workable development plan which is consistent with 5 the purpose and intent of the overlay standards. All variances to the underlying zoning 6 requirements shall be reviewed as per Article II,Division 2 Board of Zoning Adjustment. 7 Subsection (e). That Chapter 36, Section 36-349. (e) be deleted in its entirety ty and replaced 8 with new text to read as follows: 9 (e) Exceptions 10 Property, if for any reason,that cannot be developed without violating the standards of the 11 Design Overlay District shall be reviewed through the PZD, Planned Zoning District, 12 section of the Zoning Ordinance, with the intent to devise a workable development plan 13 which is consistent with the purpose and intent of the overlay standards. All variances to 14 the underlying zoning requirements shall be reviewed as per Article II, Division 2 Board 15 of Zoning Adjustment. 16 Subsection (f). That Chapter 36, Section 36-390. be deleted in its entirety and replaced with 17 new text to read as follows: 18 Section 36-390. Exceptions. 19 Property, if for any reason, that cannot be developed without violating the standards of the 20 Design Overlay District shall be reviewed through the PZD,Planned Zoning District,section of the 21 Zoning Ordinance,with the intent to devise a workable development plan which is consistent with 22 the purpose and, intent of the overlay standards. All variances to the underlying zoning 23 requirements shall be reviewed as per Article II, Division 2 Board of Zoning Adjustment. 24 Subsection (g). That Chapter 36, Section 36-421. be deleted in its entirety and replaced with 25 new text to read as follows: 26 Section 36-421. Exceptions. 27 Property, if for any reason, that cannot be developed without violating the standards of the 28 Design Overlay District shall be reviewed through the PZD,Planned Zoning District,section of the 29 Zoning Ordinance,with the intent to devise a workable development plan which is consistent with 30 the purpose and intent of the overlay standards. All variances to the underlying zoning 31 requirements shall be reviewed as per Article II, Division 2 Board of Zoning Adjustment. 32 Subsection(h). That Chapter 36, Section 36-434.9. be deleted in its entirety and replaced with 33 new text to read as follows: 34 35 [Page 2 of 6] 1 Section 36-434.9. Exceptions. 2 Property, if for any reason, that cannot be developed without violating the standards of the 3 Design Overlay District shall be reviewed through the PZD,Planned Zoning District,section of the 4 Zoning Ordinance,with the intent to devise a workable development plan which is consistent with 5 the purpose and intent of the overlay standards. All variances to the underlying zoning 6 requirements shall be reviewed as per Article II, Division 2 Board of Zoning Adjustment. 7 Subsection (i). That Chapter 36, Section 36-434.34. be deleted in its entirety and replaced 8 with new text to read as follows: 9 Section 36-434.34. Exceptions. 10 Property, if for any reason, that cannot be developed without violating the standards of the 11 Design Overlay District shall be reviewed through the PZD,Planned Zoning District,section of the 12 Zoning Ordinance,with the intent to devise a workable development plan which is consistent with 13 the purpose and intent of the overlay standards. All variances to the underlying zoning 14 requirements shall be reviewed as per Article II, Division 2 Board of Zoning Adjustment. 15 Subsection (j). That Chapter 36, Section 36-3. be amended to provide for the addition of two 16 (2)new use definitions "Brewery"and "Microbrewery or Microbrewery Restaurant"to be placed 17 in the alphabetically appropriate locations in Section 36-3.to read as follows: 18 Brewery means an establishment operated under the definitions, terms and provisions of 19 Arkansas Code ACA Title 3 (ACA § 3-1-101 et seq) which manufactures beer, malt and 20 hard cider up to 45,000 barrels per year and which may sell products produced on site for 21 on premises and off premises consumption. The establishment may include a restaurant 22 (eating place inside as defined in this chapter). 23 Microbrewery or Microbrewery Restaurant means an establishment operated under the 24 definitions, terms and provisions of Arkansas Code ACA Title 3 (ACA § 3-1-101 et seq) 25 which manufactures beer,malt and hard cider up to 20,000 barrels per year and which may 26 sell products produced on site for on premises and off premises consumption. The 27 establishment may include a restaurant(eating place inside as defined in this chapter). 28 Subsection (k). That Chapter 36, Section 36-281. (b) (3) be amended to add and separately 29 list"Brewery"and "Microbrewery or Microbrewery Restaurant"to the listing of conditional uses. 30 Subsection(1). That Chapter 36, Section 36-299. (c)(2)be amended to add and separately list 31 "Brewery"and"Microbrewery or Microbrewery Restaurant"to the listing of conditional uses. 32 Subsection (m). That Chapter 36, Section 36-300. (c)(1) be amended to add"Microbrewery 33 or Microbrewery Restaurant"to the listings of permitted uses. 34 Subsection(n). That Chapter 36, Section 36-300. (c)(2)be amended to add"Brewery"to the 35 listing of conditional uses. [Page 3 of 6] 1 Subsection (o). That Chapter 36, Section 36-301. (c) (1) be amended to add "Microbrewery 2 or Microbrewery Restaurant"to the listing of permitted uses. 3 Subsection(p). That Chapter 36, Section 36-301. (c)(2)be amended to add"Brewery"to the 4 listing of conditional uses. 5 Subsection (q). That Chapter 36, Section 36-302. (c) (1) be amended to add "Microbrewery 6 or Microbrewery Restaurant"to the listing of permitted uses. 7 Subsection (r). That Chapter 36, Section 36-302. (c)(2)be amended to add"Brewery"to the 8 listing of conditional uses. 9 Subsection (s). That Chapter 36, Section 36-320. (c) (1) be amended to add "Brewery" and 10 "Microbrewery or Microbrewery Restaurant"to the listing of permitted uses. 11 Subsection (t). That Chapter 36, Section 36-434.2. be amended to delete certain text and to 12 then read as follows: 13 Sec.36-434.2. Boundaries. 14 The District shall include all parcels located on Springer Boulevard to a distance of 300 feet of 15 each side of the right-of-way of Highway 365, from the City Limits on the south and east to 16 Roosevelt Road on the north and west. 17 Subsection(u). That Chapter 36, Section 36-434.4.be deleted in its entirety and replaced with 18 new text to then read as follows: 19 Sec.36-434.4. Setback. 20 North of the railroad crossing located south of East 30th Street,the setback shall be fifteen(15) 21 feet. 22 South of the railroad crossing located south of East 30th Street,the setback shall be twenty-five 23 (25)feet. 24 Subsection (v). That Chapter 36, Section 36-434.6. (1) and (2) be amended to delete certain 25 text and to add new text to then read as follows: 26 (1) North of the railroad crossing located south of East 30`"Street. Sidewalk shall be eight 27 (8) feet wide and may be constructed at the curb. All walks, curbs, gutters and tree 28 grate frames shall be concrete. 29 Rather than a green strip along the road, there shall be a paved "tree zone" with 30 minimum 4 X 4 foot tree well including grate. The remaining four(4) feet are to be 31 kept clear for pedestrian movement. 32 (2) South of the railroad crossing located south of East 30`x'Street. Pedestrian/bike path 33 rather than sidewalk shall be constructed at the property line. Path paved width shall 34 be eight(8)feet. [Page 4 of 61 1 Swales along Springer Boulveard shall be at a 3:1 slope and designed to retain (hold) 2 water during large storm events. The swale shall be vegetated with "cells"to reduce 3 water velocity. Swale design and construction shall be reviewed and approved by the 4 State Highway Department. 5 Subsection(w). That Chapter 36,Section 36-434.7.(2)be amended to provide for the deletion 6 of certain a text and to then read as follows: 7 (2) Surface parking is to be located behind or adjacent to the structure,never between the 8 building and abutting street. Service/loading areas shall not be located facing 9 Springer Blvd. They shall be designed on the side or rear of buildings. 10 Subsection (x). That Chapter 36, Section 36-253. (b) (6) be amended to provide for the 11 addition of a new subsection"e"to read as follows: 12 e. Revocation procedure. 13 Any approved home occupation may, upon review and action by the Planning 14 Commission,be revoked. Revocation proceedings may be initiated by staff. The Planning 15 Commission may revoke the home occupation if it is determined that the use approved 16 under the home occupation is being conducted in a manner contrary to the original 17 approved application, being conducted in a manner in violation of the provisions of this 18 Chapter or contrary to any other laws of the City. 19 Notice shall be delivered to the business operator, either by delivery in person or by 20 certified mail, giving notice of the alleged violation and setting a time and date to appear 21 before the planning commission. At the hearing before the planning commission, the 22 burden is on the business operator to prove that the home occupation is in strict compliance 23 with city ordinances in order to avoid revocation. 24 The Planning Commission shall have final authority. Appeals from the action of the 25 Planning Commission shall be filed with the Board of Directors through the Office of the 26 City Clerk. The content of the appeal filing shall consist of: 27 (1) A cover letter addressed to the mayor and board of directors setting forth the request. 28 This filing shall occur within thirty (30) days of the action by the Planning 29 Commission. At any appeal before the Board of Directors, the burden is on the business 30 operator to prove that the home occupation is in strict compliance with City Ordinances in 31 order to avoid revocation. 32 Once an approved home occupation is revoked, notice of the revocation shall be sent 33 to the City Finance Department and the Business License shall be revoked. 34 SECTION 2. Severability. In the event any title, section, paragraph, item, sentence, cl ause, phrase, or 35 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or [Page 5 of 61 1 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect 2 as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. 3 SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent 4 with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 5 PASSED: February 2,2016 6 ATTE . APPROVED: 7 "j / 466_, 9 Suu'an g •y,City Clerk Mark St i i ola,Mayor 10 AP 'O ` : AS TO LEGAL FORM: 11 12 13 Thomas M. Carpenter,City Attorney( 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // - [Page 6 of 6]