Loading...
HomeMy WebLinkAboutZ-6731 Staff AnalysisMarch 2, 2000 ITEM NO.: F DOWNTOWN ZONING REQUEST: Add new zoning classification for Downtown LOCATION: Generally from Arkansas River to I-630 and Cross Street to old Rock Island railroad line STAFF REPORT: The Planning Commission approved the new classifications for Downtown in September 1999. The Board of Directors has held the rezoning in order to permit the Downtown Partnership more time to examine the proposed ordinance requirements. The Downtown Partnership formed a committee of their Executive and Land Use Committees to review the proposals (City Staff was invited to these meetings to provide assistance and information) . After four to five meetings from November to early January the Committee discussed concerns and developed consensus positions. No changes are suggested for the "R4=A" residential district nor is the area to be zoned "R -4A" or "UU" an issue. The Partnership does recommend seven clarification or improvements to the Urban Use District. They are: 1. Add the four "corridors" not listed as `Primary Streets' to the `Primary Street' definition list. 2. Modify the no new drive-in/drive-through facility, so as not to allow them on `Primary Streets' (but allow other places). 3. Clarify that street trees are a requirement. 4. Change the transparency requirement back to 60 percent. 5. Require activities other than parking or a building fagade on the first floor of parking decks along `Primary Streets'. (No requirements on other streets) 6. Change the base building height from 3 to 5 stories, with the "skyscraper zone" from 2nd to 9t'/Scott to Broadway. 7. Change the front build -to line from 5 feet to zero feet, and remove the "Integral Accessory Use,, option. March 2, 2000 ITEM NO.: F (Cont.) DOWNTOWN ZONING The attached letter from the Partnership helps explain some of the issues related to these changes. None of the seven issues is new. Several were discussed at length in September. None of the suggestions conflict with the basic goals and vision as described by the Downtown Vision for the Future and the other documents making up the Downtown Plan. PLANNING COMMISSION ACTION: (MARCH 2, 2000) Walter Malone, Planning Staff, reminded the Commission that last fall a draft Downtown Zoning Ordinance was approved. Since then the Downtown Partnership has reviewed the draft and now wishes to make several modifications or changes. The Board of Directors will review the entire package (including the commission action today) next Tuesday (March 7, 2000) . Mr. Malone reviewed the seven general topics proposed for changes or modification and explained some of the thinking behind the changes. Staff is supportive of the requested changes. Jane Dickey, vice president of Downtown Partnership, indicated the Partnership had worked on this for several months (the end of last year and early this year). After lively discussions a consensus was built around the issues presented today. She indicated that she would answer any questions the Commission might have. Dickson Flake stated that these changes are an improvement. On one issue, Mr. Dickson was a minority but would like the Commission to consider his request, on the Primary Street, issue. Broadway should not be included as a Primary Street since it is not a Pedestrian Street and is a major traffic street. In addition the zoning defines two large an area. The Primary Streets should be limited to north of sixth and east of Broadway. In response to a question from Commissioner Earnest, Mr. Flake stated that the larger area is a support area to Downtown and these regulations would be detrimental to those uses. We need to maintain the pedestrian orientation in the core area to make it more successful. K March 2, 2000 ITEM NO.: F (Cont.) DOWNTOWN ZONING In response to a question from Commissioner Nunnley, Mr. Dickson stated Broadway should be eliminated and North-South Streets south of 6th and East-West Streets south of 6th Street. Commissioner Berry asked Mr. Flake to point out the "core" on the map (generally). Commissioner Rahman stated the regulations are there to encourage the area to become more pedestrian friendly. Commissioner Berry asked Ms. Dickey to review who is on the Partnership. Ms. Dickey explained the membership and the groups "Mission". Commissioner Berry asked if the group was aware and supports the drafts main element - mix use developed. Ms. Dickey stated they did. Commissioner Berry asked why the Partnership believes height restrictions are important. While the Partnership would welcome any major new development downtown, it might be wise to have some review because there may be other concerns or issues which should be considered. Fire safety was an issue but so was visual impact on some of Downtown's important structures and areas. The Partnership will look at the corridors one at a time and bring back ideas for consideration by the Commission. In response to Commissioner Nunnley, Ms. Dickey stated that the corridors are the entrances to Downtown, what visitors see, etc. Therefore, it is important that these streets present the best images of Little Rock. (Important in our "civic life") Commissioner Faust thanked the Partnership for their work. Commissioner Downing asked about the timing for the "overlays". Mr. Malone responded that the Partnership would take the lead and staff would work with them. Christie Godwin, Executive Director Downtown Partnership, indicated that either Main or Capitol would be first. Commissioner Downing stated it would be premature to except Mr. Flake's request to reduce the Primary Streets. Ruth Bell, League of Women Voters, was called to the microphone. The League has been involved from the beginning of this process and would just like to clarify a few issues. The first issue was the building height, exactly how high could you build. Mr. Malone responded that the bonuses were still in the draft. The base height is two stories greater, 3 March 2, 2000 ITEM NO.: F (Cont.) DOWNTOWN ZONING one bonus is gone (parking decks), thus the result is about one or two stairs higher than before, 11 or 12 stairs. Mr. Malone noted that the Partnership wishes to look further at the bonuses and in the future this could change with amendments. Ms. Bell asked about the requirements on parking decks. Mr. Malone stated that only the frontage along the Corridors had requirements, anywhere else there is no requirement. Ms. Bell indicated the League did have concerns about that - setting up two standards and the impact that would have on pedestrians. Finally, Ms. Bell asked that the League be included in the development of any "overlay districts" for downtown. Commissioner Hawn moved that the Commission endorse the seven proposals presented by the Downtown Partnership and that the Board include them in the new Downtown Zoning Ordinance (second Commissioner Faust). By a vote of 9 for 0 against, the item was approved. 4 September 16, 1999 Item No.: 3 Z-6730 through Z-6737 Owner: Various Applicant: City of Little Rock Location: Cross to College, Arkansas River to 15th Street Request: Rezone from various in the Downtown area Purpose: Encourage a more urban, pedestrian oriented development pattern of mixed uses. Existing Use: Various STAFF REPORT: As part of the Framework for the Future (Downtown) review, alternative development standards were viewed as necessary. The desire was, to achieve a development pattern which was more urban and pedestrian oriented. After discussion the committee reviewing downtown decided a new zone classification was necessary to allow and encourage "urban", "pedestrian friendly" development. A draft ordinance was prepared which attempted to address the issues raised by the committee. The draft was made a part of the committee's final work - the Framework for the Future. The basic tenant was, use should not be a major issue as long as it is inside and does not adversely affect the neighbors. Other important issues are described below. Buildings should be on the street with surface parking limited and only to the rear or side. Sidewalks and streets should encourage pedestrian activity and movement. Residential should be allowed everywhere, with MacArthur Park residential protected. There should be a unique urban feel to downtown with pedestrian friendly buildings and streets. A second committee (three Planning Commissioners, three property owners, three representatives of Downtown Groups (Downtown Partnership, Downtown Neighborhood Association, MacArthur Park Residents Association) and a representative of the League of Women Voters) reviewed the concepts developed by the Framework for the Future committee and a new draft ordinance was developed. September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 The second committee surveyed property owners to get their reactions to the concepts. These comments were discussed prior to formation of a draft ordinance. In late spring 1999, a draft ordinance was distributed to property owners for comment. In order to achieve the recommendations of the Framework for the Future committee and Downtown Zoning Committee, three primary actions are needed: addition of new zone district(s), reclassification of areas to the new district(s), and repeal of the Zoning Plan for Central Little Rock Urban Renewal Project. Based on the work of the Downtown Zoning Committee, two zone classifications are proposed for addition to the Zoning Ordinance'. They are Urban Use and Low Density Residential. Urban Use,District is designed for "older" established commercial or business districts or for area where pedestrian oriented development which is mixed in nature is desired. The Low Density Residential District is patterned after the City's "R-4" Two Family District and Capitol Zoning's "M" Residential District. This district allows for a variety of residential uses and some nonresidential use (as a conditional use). The pattern reflects the existing mix and tries to capture the things liked about Capitol Zoning over the city's regulations. This change requires additions to the definitions section, height and area exception section, districts established section, exception/modifications (zoning buffer) section as well as adding the two new classifications. The attached outline has the proposed changes and wording for the new districts. Once the new districts are part of the ordinance, the recommendation of both committees is to rezone the Downtown area under city zoning regulations to one of the two districts. That is the area between Cross Street east to I-30 and the Arkansas River to I-630 would be the Urban Use District except for Riverfront Park and an area around MacArthur Park. The two Parks would be zoned Open Space (OS). The area between 6t' and 9th Streets, Ferry to Cumberland and 9t' Street to I-630, Commerce to Scott north and west of MacArthur Park would be zoned Low Density Residential (see attached sketch map). The final change is to remove the Zoning Plan for Central Little Rock Urban Renewal Project from the zoning code. This portion of the zoning code is over thirty years old and has proven to be difficult for staff to use and explain. Having Downtown zones be September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 part of the basic zoning code for the entire city is seen as more desirable and workable. In order to ease the change to the new classifications, staff has offered to grant C.U.P.'s with the zone change. These C.U.P. requests will be included as an addendum to allow property owners more time. STAFF RECOMMENDATION: Approval Y eye -1: "x19111 V M CONDITIONAL USE PERMITS FOR NEW DOWNTOWN ZONING STAFF REPORT: As part of the downtown rezoning effort, property owners were given the opportunity to request conditional use permits. This was done in an attempt to reduce the number of nonconforming uses which might otherwise have occurred. The idea is to allow existing uses to continue to operate as legal uses, if at all possible. In the letters to property owners, they were given the option of providing a legal description and letter asking for a conditional use. Eight request were received and are described below: Z -6370-A Southwest Hotels, C.U.P. for lots 1-12 Block 292 and 1-3 Block 260 Original City. This is an area which currently has 11I-2" Light Industrial zoning. The C.U.P. is for an existing warehouse use and expansion on to lots 10-12 Block 292 Original City using similar construction materials. This is the block between Capitol/4t' Street and Cross/Ringo Streets. The C.U.P. further allows for a commercial surface parking lot on lots 1-3 Block 260 Original City. This would replace a lot on lots 10-12 Block 292 Original City. This is the block between Capitol/4t�' and Ringo/Chester. Both exchanges would be on 4t' Street. The C.U.P. allows "I-2" uses and expansion of the use as noted. Z -6730-B Arkansas Graphics, for lots 1-12 Block 175 Original City. Arkansas Graphics currently occupies half of this block 3 September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 and plans to expand into the other half. The area is currently zoned "I-2" Light Industrial. The existing use does not require a C.U.P. in the Urban Use District. The proposed addition may. The addition is to be located on 9th Street. The site is between 8th/9th Streets and State/Gaines Streets. The C.U.P. allows "I-2" uses and the expansion noted. Z -6731-A, Heartland C.U.P. for lots 1-12 Block 13 Original City. This area is currently zoned "GB" General Business and "HR" High Density residential. The site is located between I-630/13th Street and Main -Scott Streets. The business is in place. The request is to allow "I-2" uses on this block. Z -6732-A, McElroy C.U.P. for lots 1-12 Block 9 Rectortown Addition.; This area is currently zoned "I-2" Light Industrial. The site --is located between I-30/Collins and 4th/Capitol Avenue. There is an existing industrial use. The request is to allow "I-2" uses on this block. Z -6732-B, Hayre C.U.P. for lots 7-9 Block 12 Rectortown Addition. The current zoning is "I-2" Light Industrial. The site is the northwest corner of 6th and Collins. The use is Industrial. The request is to continue the current use, which includes outside storage of materials. The owner also cannot meet the opening requirements and is planning further renovations to the structure, which will not meet this requirement. The owner wishes to continue operations at this site and requires these modifications - "I-2" uses and above modifications as noted on these urban use lots. Z -6734-A, Poe C.U.P. for lots 4-5 Block 44 Original City. The current zoning is "HR" High Density residential. The site is in the 900 Block of Cumberland. The office use is existing. The request is to allow "C-1" uses on these R -4A lots. Z -6734-B, Strehn C.U.P. for southeast corner of Trapnell Block in Stevenson's Addition. The current zoning is "HR" High Density Residential. The site is the northwest corner of 6th and Sherman. This is a multifamily structure with office use as well as residential. The request is to allow "C-1" uses on this R -4A lot. Z -6734-C, 2nd Baptist C.U.P. for the West 16� lots 4-6 Block 42 Original City. The current zoning is "HR" High Density residential. The site is the northeast corner of 8th and Cumberland Streets. The use is for religious education and 4 September 16, 1999 ITEM NO.: 3 related uses. lots. (Cont.) Z-6730 through Z-6737 The request is to allow "C-1" uses on these R -4A Z -6734-D, Hundley C.U.P. for lots 1-3 Block 44 Original City. The current zoning is "HR" High Density Residential. The site is the southeast corner of 9th and Cumberland. The owner is requesting Multifamily and "C-1" neighborhood uses based on existing and surrounding uses. Z -6735-A, Parkview Towers C.U.P. for parts of Blocks 56 and 57 Original City. The current zoning is "HR" High Density Residential. The site is located 1200 Cumberland. The use is a elderly retired housing with 128 units. The request is for a conditional use permit for Multifamily. Z-6732-C,,Meyer C.U.P, for lots 1-6 Block 8 Rectortown and lots 1-6 Block 3 Woodruff's Addition. The current zoning is "I-2" Light Industrial. The site is located between Collins/Byrd and 6th/7th Streets. The existing use is Commercial and Industry. The request is for 11I-2" uses on these Urban Use lots. PLANNING COMMISSION ACTION: (SEPTEMBER 2, 1999) Because of the changes proposed by this item, the Commission asked that this item be deferred to allow for more time to review the proposal. The item was placed on the Consent Agenda for deferral to September 16, 1999. By a vote of 10 for, 0 against (Commissioner Adcock absent), the item was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 16, 1999) Walter Malone, Planning Staff, reviewed the process used to get the draft proposal to this point and then the specifics of the new zoning classifications for Downtown. After review of the specifics within the proposed "Urban Use" and "R -4A" districts, Mr. Malone began the presentation of the eleven requests for conditional uses within the proposed "Urban Use" and "R -4A" areas. These are existing uses and or allow an owner to keep an existing permitted use. There was discussion about the industrial uses in the areas near the Presidential Library site and whether we really wanted to keep them legal uses. Mr. Malone proceeded to review the conditional use requests. 5 September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 The items were reviewed from east to west starting with Z -6732-A McElroy C.U.P. This is a request for light fabrication, machine shop and warehousing in the city block between Collins and Rector, 4th and Capitol. The business is existing and wishes to continue operation. Z -6732-B, Hayre C.U.P. is for light fabrication and warehousing (including outside storage). The site is located on the northwest corner of Collins and 6th Streets. The existing use and zoning are industrial. Z -6732-C, Meyer C.U.P. is for light fabrication, machine shop and warehousing. The site is between Byrd and Collins from 6th to 7th Streets. There are several small businesses in one structure. The existing zoning is industrial. There are five requests for conditional use permits within the R -4A district around MacArthur Park. First is Z -3734-B Strahn C.U.P. The request is for professional offices located in a structure at the northwest corner of 6th and Sherman Streets. Second Baptist C.U.P. (Z -6734-C) located on Cumberland at 8th Street is a request for religious and philanthropic organization. This is an existing part of the Second Baptist campus. The next two are adjacent. Z -6734-D Hundley C.U.P. is for professional offices and multifamily. The site is the southeast corner of 9th and Cumberland. There are two existing structures and a vacant parcel. Immediately to the south is the Poe C.U.P. (Z -3634-A) for professional offices. This is an existing travel agency. The final request within the R -4A area is Z -6735-A, Parkview Towers C.U.P. The request is for multifamily. There is an existing apartment between Commerce and Rock Streets, 11th Street and I-30. The Heartland C.U.P. (Z -6731-A) is located between Main and Scott Streets, 13th Street and I-30. The request is for warehousing. The current use is a Pinter. The proposal is not to change the actual use.` There is some warehousing on site. Z -6730-B Arkansas Graphics C.U.P. is a request for warehousing. The site is located between 8th and 9th Streets from State to Gaines Streets. In addition there is an expansion to be located on 9th Street. This addition will be a warehouse in support of the existing business. The C.U.P. request includes construction and siting different than the Urban Use District requires. The final request is Z -6730-A Southwest Hotel C.U.P. The request is for warehousing on the block between 4th Street and Capitol Avenue along Ringo Street. The owner is planning to expand the existing A September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 structure on the northwest corner of Ringo and Capitol. The request -includes constructing the building to match the existing structure. A C.U.P. for the southeast corner of 4t' and Ringo Streets is requested for a surface commercial lot. This replaces the lot on the southwest corner which is where they intend to construct the warehouse. Commissioner Rahman asked about the height regulations. Mr. Malone reviewed the proposal and the different boundaries for the greater build height subarea. Commissioner Berry also addressed the height area and the Markham Street boundary versus 2nd or 3rd Streets. There was a discussion about limiting height to protect civic spaces. Jeff Hathaway stated support of the overall effort. However, the areas west of Broadway are different. If the intent is to force the "urban pattern", then you need to understand some development will not occur in the area but will go to other parts of the city. West of Broadway is different in development pattern and lot size. The requirement to bring buildings to the street and forbid parking in the front should be relaxed in this area. The area west'of Broadway competes with "Mid -Town" and "West Little Rock". Along with this development pattern, a nice monument style sign would add to the overall development. Barbara Patty, thanked the Commission for its work on this. Ms. Patty reviewed her involvement in the process. When visiting other cities, she tends to go to the urban center. From those experiences, what makes a downtown that works are: inviting exteriors, lack of dead space, respect for the pedestrian, civic spaces, mixture of uses, (activities and life with buildings residential above, commercial below), and clear attractive signage. Ms. Patty read paragraph two of the staff report and then asked the Commission to be sure the following were not a cross-purposes with this paragraph. The changes are in the surface parking, drive-in/drive thru, and dumpster location requirements. Kathy Wells asked that the boundaries of the no height area be changed to 3rd and 8t' Streets on the north and south. No more looming buildings over historic or residential areas. Further that the "transparency" requirement not be reduced from 60 to 35 percent. If people can see and be seen, we will have a safer downtown. The need to make and keep downtown a safer place is one of our aims. rl September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 throucrh Z-6737 Dickson Flake was called. He indicated he had made all his comments previously (item 2). Commissioner Hawn called on Mr. Hathaway to discuss the issue of front yard parking. There was discussion about loading or one bay parking versus a larger lot in front of the structure and examples in downtown. There was discussion about rear and side parking for commercial uses. The discussion included the use of variances and planned development to permit some additional setback or parking on a case by case basis. There was a discussion about the length of time till the new regulations would take effect. Mr. Lawson stated he would work with Mr. 'Giles to develop a process to identify large projects which might be granted a longer time before implementation. Staff indicated that the Planning Commission's recommendation will be provided to the Board of Directors. Staff clarified that variances could be requested and other normal zoning processes would be available to potentially address issues on specific sites in response to Commissioner Faust's question. There will be some variations through the area. Overlays or the previously discussed methods could be used to address these issues. Additional discussion followed about the "no height" area. Commissioner Lowry asked about the one year request. Mr. Flake stated he believed the process of identification discussed by Mr. Lawson would be workable. Ms. Wells stated since variance, etc. are available why not just say it takes effect in 30 days otherwise ask for conditional use permit. Commissioner Faust wished to have the boundaries of the high buildings modified. Commissioner Berry asked to have the changes "walked through" (transparencies, building height, drive-thru, etc.). Commissioner Putnam asked to defer the item and let Plans Committee "iron out" these issues. The Commission agreed to spend twenty minutes to see if resolution could be found prior to considering deferral. 8 September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 Issues identified as in need of resolution were: The area of greater building Height; transparencies 60 versus 35 percent; drive-thru facilities; and front yard parking. Parking issue - not allowing parking in the front of the building. Commissioner Hawn agreed that the Downtown Zone Committee had discussed this issue and we should try the proposed version. Height area - new boundaries were discussed. The north, south and west boundaries were discussed. Mr. Flake expressed concern about reducing the area since the reduction goes to a base, three stories, which is too restrictive. The discussion included the desirability of having intermediate height areas. The Commission concluded that the higher building area would be from between 9t' and 2nd Streets, Scott Street and Broadway with the two blocks from 4t' to 6t'' Streets west of Broadway to the Federal Building. Trans2arency issue - The staff internally had discussed the issue based on comments from Mr. Flake and others. A third of the fagade seemed more reasonable, because we want to have brick and other materials. Commissioner Rahman pointed out this is a minimum standard and most new buildings are more glass. Even though there was some concern about the change, the commissioners agreed to stay with 35 percent. Drive-thru issue - The change was from not seeing or accessing drive-in/drive-thru from any street to "primary streets". Staff's concern was the effect would be to outlaw the use even though alleys are permissible. The Commission concluded to leave the change though some had concern. Commissioner Hawn moved approval as presented with the resolutions developed by the Commission and to include the Conditional Use Permits presented in the application. By a vote of 10 for 0 against the item was approved. September 2, 1999 Item No.: 10 Z-6730 through Z-6737 Owner: Various Applicant: City of Little Rock Location: Cross to College, Arkansas River to 15th Street Request: Rezone from various in the Downtown area Purpose: Encourage a more urban, pedestrian oriented development pattern of mixed uses. Existina Use: Various STAFF REPORT: As part of the Framework for the Future (Downtown) review, alternative development standards were viewed as necessary. The desire was to achieve a development pattern which was more urban and pedestrian oriented. After discussion the committee reviewing downtown decided a new zone classification was necessary to allow and encourage "urban", "pedestrian friendly" development. A draft ordinance was prepared which attempted to address the issues raised by the committee. The draft was made a part of the committee's final work - the Framework for the Future. The basic tenant was, use should not be a major issue as long as it is inside and does not adversely affect the neighbors. Other important issues are described below. Buildings should be on the street with surface parking limited and only to the rear or side. Sidewalks and streets should encourage pedestrian activity and movement. Residential should be allowed everywhere, with MacArthur Park residential protected. There should be a unique urban feel to downtown with pedestrian friendly buildings and streets. A second committee (three Planning Commissioners, three property owners, three representatives of Downtown Groups (Downtown Partnership, Downtown Neighborhood Association, MacArthur Park Residents Association) and a representative of the League of Women Voters) reviewed the concepts developed by the Framework for the Future committee and a new draft ordinance was developed. September 2, 1999 ITEM.NO.: 10 (Cont.) Z-6730 through Z-6737 The second committee surveyed property owners to get their reactions to the concepts. These comments were discussed prior to formation of a draft ordinance. In late spring 1999, a draft ordinance was distributed to property owners for comment. In order to achieve the recommendations of the Framework for the Future committee and Downtown Zoning Committee, three primary actions are needed: addition of new zone district(s), reclassification of areas to the new district(s), and repeal of the Zoning Plan for Central Little Rock Urban Renewal Project. Based on the work of the Downtown Zoning Committee, two zone classifications are proposed for addition to the Zoning Ordinance. They are Urban Use and Low Density Residential. Urban Use District is designed for "older" established commercial or business districts or for area where pedestrian oriented development which is mixed in nature is desired. The Low Density Residential District is patterned after the City's "R-4" Two Family District and Capitol Zoning's "M" Residential District. This district allows for a variety of residential uses and some nonresidential use (as a conditional use). The pattern reflects the existing mix and tries to capture the things liked about Capitol Zoning over the city's regulations. This change requires additions to the definitions section, height and area exception section, districts established section, exception/modifications (zoning buffer) section as well as adding the two new classifications. The attached outline has the proposed changes and wording for the new districts. Once the new districts are part of the ordinance, the recommendation of both committees is to rezone the Downtown area under city zoning regulations to one of the two districts. That is the area between Cross Street east to I-30 and the Arkansas River to I-630 would be the Urban Use District except for Riverfront Park and an area around MacArthur Park. The two Parks would be zoned Open Space (OS). The area between 6t' and 9u' Streets, Ferry to Cumberland and 9th Street to I-630, Commerce to Scott north and west of MacArthur Park would be zoned Low Density Residential (see attached sketch map). The final change is to remove the Zoning Plan for Central Little Rock Urban Renewal Project from the zoning code. This portion of the zoning code is over thirty years old and has proven to be difficult for staff to use and explain. Having Downtown zones be 2 September 2, 1999 ITEM NO.: 10 (Cont.) Z-6730 through Z-6737 part of the basic zoning code for the entire city is seen as more desirable and workable. In order to ease the change to the new classifications, staff has offered to grant C.U.P.'s with the zone change. These C.U.P. requests will be included as an addendum to allow property owners more time. STAFF RECOMMENDATION: Approval 3 Zoninq Ordinance chanaes: 1) Amend Section 36-2 Definitions -- adding: Drive Through -- means an establishment which by design of physical facilities or by the type of service offered, the customer conducts business from a motor vehicle. Pedestrian 'urban' oriented -- means a development pattern designed at a human (pedestrian) scale and orientation. This includes provision of visual items of interest for the pedestrian -- window displays, streetscape amenities. Integral accessory use — means an outdoor or partially enclosed use area, which is an integral part directly servicing in a subordinate role a permitted interior use. Build -to -line — means the line where the exterior fagade of a building is to be located excluding any projections. Commercial surface parking lot — means a surface parking lot, which has spaces for lease or sale on a daily, monthly or annual basis. ll) Amend Article lll, Section 36-156. Height and area exceptions -- Changing R-4 to R -4A in paragraph 2c. as follows: "Accessory buildings or structures in the R-1 through R -4A districts..." 111) Amend Article IV, Section 36-176. Districts established - adding: R -4A low density residential district UU urban use district 119 Amend Article V, Section 36-337. Districts - adding: R -4A low density residential district UU urban use district 10 Remove Article V1 Sections 36-401 through 36-418 - Zoning Plan for Central Little Rock Urban Renewal Project. VI) Amend Section 36-524. Exceptions/modifications (zoning buffers) - adding: (11) Developments within the Urban Use (UU) District shall provide land use buffers only where abutting single-family and duplex use or zoning. Street buffers shall not be required. Land Use buffer. All sites developed. Modified or enlarged shall provide a land use buffer(s) as follows: 1. Side property lines at five (5) percent of the average width of the lot on both sides; 2. Rear property lines at five (5) percent of the average depth of the lot; 3. The minimum dimension shall be six (6) feet in all instances; 4. The maximum dimension required shall be forty (40) feet in all instances. Vll)Adding two new Zone Districts to Article V District Regulations - Urban Use (UQ) and Low Density Residential (R - 4A) SECTION _. URBAN USE DISTRICT (a) General Purpose and Intent. The Urban Use district established by this chapter is designed to assure the continuation of development consistent with a traditional urban form. The Urban Use district is designed to help create a compact, dense, distinguishable core area. The district is established in order to provide for an urban form allowing mid -rise and high rise structures. This District is to provide for the office, civic and business core of the City. Structures within the Urban Use district are encouraged to provide multiple uses within the same structure. The ground or street level of structures should include street oriented activity.and pedestrian amenities. The resulting area is to be pedestrian 'urban' oriented. (b) Application of Regulations. The regulations of this District shall apply to new development, redevelopment, expansion of existing development or exterior modifications. Routine repairs and maintenance shall not require compliance with this section. Except for construction of improvements in the public right of way required by the City, and redevelopment or expansion of existing development, all uses, structures or lots which existed on the effective date of this section which do not conform to the standards and guidelines established in this section, shall be treated as nonconforming according to the provisions of Article III of this chapter. (c) Development Criteria. (1) Any lighting shall be placed so as to reflect light away from adjacent residential structures. Fixtures adjacent to roadways shall be of a design that minimizes glare to the motoring public. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance, which substantially exceeds that general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparisons shall be made at the boundary of the site. (2) All trash receptacles and pickup shall be oriented away from the street side of the property and screened from the public right-of-way. Trash receptacles shall be placed adjacent to alleys if alleys are available. (3) No new drive-in or drive-through facilities may be visible from the public right-of-way or take direct access from the street. (4) Building materials. Primary building fagade materials shall be wood, masonry, or glass. (5) -landscaping a. All vehicular use areas and public right-of-way shall be in compliance with chapter 15, article IV. b. Street trees (tree types as listed in the landscape ordinance) shall be a minimum 3" caliper trees. The trees shall be located a minimum of 2'-0" off back of curb and shall be 30' - 0" on center, no closer than 30' - 0" to a street intersection, with a water source provided. The tree canopy shall be maintained at least 8 feet above the sidewalk. c. Unless otherwise approved, the planter well shall have placed at its base a six (6) inch thick section of approximately one (1) inch gravel with filter fabric laid on top to assist with drainage. (6) Sidewalks. a. Sidewalks shall consist of a minimum 5 foot concrete walk, excluding the first 2 feet from the curb. Sidewalks shall provide a minimum 7 foot horizontal clearance at a height of 4 feet from the ground. b. Sidewalk sales and daily display or vending that is stored inside the principal business building during closed business hours, may be allowed. However, these activities shall not obstruct pedestrian movement, fire lanes, or areas designated for access by the physically impaired. (7) Building orientation. Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line. (8) Street -level floor. The ground -level (street fronting) floor of non-residential structures shall have a minimum of 60 percent transparent or window display. If at least 50 percent of the street -level office and retail space has direct access to the street, the total building square footage may be increased with additional floor(s) at a rate of 2 square feet for each one square foot of leasable space directly accessible to the street. On the street level the maximum area of sign may also be doubled if the above requirement is met. (9) Projections (all requirements for a franchise remain in place). a. Objects shall not project from the building facade over the public right of way except for awnings and balconies. b. Awnings shall not project more than 5'-0" from the building facade and have a minimum clearance of 9'-0" above the sidewalk. c. Balconies over the public right of way shall have a minimum clearance of 9'-0" above the sidewalk. The maximum projection shall be 4'0". (10) Parking requirements. No off-street parking shall be required. a. Parking structures. The ground or street -level of a parking structure shall have at least 50 percent of the street -level structure frontage (exclusive of entrance driveways, stairways and pedestrian entryways) for active use other than parking, such as offices, light retail, personal services and entertainment. The structure may be constructed without these alternative uses as long as the first level of the structure has a minimum height of 12 feet to allow for a retrofit adding them in the future. If the parking structure includes the alternative uses at the time of initial construction, then the related structure may add one story in height. In addition, the maximum area devoted to signage on the first story may be doubled if the alternative uses are in place at initial construction. b. Parking lots. Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street. Within this district no additional commercial surface parking lots shall be permitted after the date of this ordinance. If a commercial surface lot is removed then a new commercial surface lot may be added within this district as long as the total area which is devoted to this use does not increase from that as of the date of this ordinance. '(11) Signs. Off -premise, 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 the Zoning Ordinance. (d) Use Regulations (1) Permitted Uses. Uses permitted shall include all those allowed in the Residential Districts, Office Districts and Commercial Districts as 'permitted uses', in Chapter 36. Except that, all uses must be inside or enclosed. Within the front setback where an integral accessory use is provided, the integral accessory use area need not be totally enclosed. (2) Conditional uses. Conditional uses shall include those allowed in the Light Industrial '1-2' District as 'permitted uses', in Chapter 36. Except that all uses must be inside or enclosed. (e) Height regulations. No building hereafter erected or structurally altered shall exceed'.a height of three (3) stories or 45 feet, whichever is less. Developments which provide a minimum 20 percent of the gross floor area for residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less. Any structure which is certified by CATA (Central Arkansas Transit Authority) as providing a portion of the structure for mass transit (such as a bus -stop, etc.), is entitled to one bonus floor. All building height bonuses are cumulative not to exceed ten (10) stories or 150 feet. In the area bounded by Markham Street on the north, 8th street on the south, Scott Street on the east, and Broadway Street on the west, building height shall be controlled by the Adams Field Airport Zoning Ordinance (section 7-57, height limitations in the Little Rock Code of Ordinances). (t) Area regulations. (1) Front yard. Five foot build to line. If there is an adjacent structure which is closer than five feet, then the new structure may be built using the line of the pre-existing structure. (In no case may a structure be built in the right-of-way.) A development with an integral accessory use may increase the setback (build -to line) to 20 feet. Along Capitol Avenue, west of Broadway Street and east of Scott Street, the front building line shall be 25 feet. Along Chester Street from 1-630 to La Harpe Boulevard the front building line shall be 10 feet. In no case is the storage or parking of vehicles allowed in the front setback. (2) Rear yard. No setback required except where adjacent to lots containing single family detached structures. In this case the rear yard shall have a set back of not less than twenty-five (25) feet. (3) Side yard. No setback required except where adjacent to lots containing single family detached structures. In this case the side yards shall have a set back of not less than four (4) feet. Sec. . R4 -A Low Density Residential (a) Purpose and intent. The purpose of the R -4A District is to protect existing developed residential neighborhoods. It is intended for single family use with conversions to two family units or the addition of accessory residential units. The R -4A district should be located in developed areas of the city where an environment suitable for moderate -density residential (use) and in an established medium -density residential areas where densification may facilitate their continuation as desirable residential areas. Accessory uses, conditional uses and home occupations are permitted as long as they do not have objectionable characteristics and provided further that they otherwise conform to the provisions of this chapter. The district is intended to be an urban low to moderate -density residential area, where an occasional nonresidential use adds to the overall character of the neighborhood. (b) Use Regulations. (1) Permitted uses. Permitted uses are single-family and two-family residences. (2) Other uses. Accessory, home occupation, temporary, special and conditional uses allowed within the R -4A low-density residential district shall be the same as those in the R-1, R-2, R-3 single-family districts. In addition any by -right uses within the C-1 neighborhood commercial district may be allowed as conditional uses in R -4A as specifically approved by the Planning Commission. These uses must follow the development criteria listed under C-1 neighborhood commercial and have a traditional design consistent with the neighborhood. (3) Within the area bounded by Capitol Avenue on the north, 9th street on the south, 1-30 on the east, and Cumberland Street on the west, in addition to the above uses, multi -family use, as defined by R-5 urban residential district, shall be a permitted use. (c) Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet. (d) Area regulations. (1) Front yard. There shall be a front yard setback having a depth of not less than twenty-five (25) feet. If there is an adjacent structure, which is closer than 25 feet, then the new structure may be built using the line of the pre-existing structure. In no case may a structure be built in the right- of-way. (2) Side yard. There shall be a side yard on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed five (5) feet. (3) Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet. (4) Lot area regulations. There shall be a lot area of not less than five thousand (5,000) square feet. In addition, there shall be a lot width of not Fess than fifty (50) feet and a lot depth of not less than one hundred (100) feet. (5) Accessory structures and additions. Accessory structures or principal building additions of conventional on-site construction are permitted by right. Vlll) Modify map to change the area, from Cross to 130 and 1630 to River, to Urban Use and R -4A Districts.