HomeMy WebLinkAbout19754ORDINANCE NO. 19i.754
AN ORDINANCE AMENDING THE MIDTOWN
OVERLAY DISTRICT PURSUANT TO THE DESIGN
OVERLAY AUTHORITY OF CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS, AND FOR OTHER MATTERS.
WHEREAS, on December 2, 2003, the Little Rock Board of Directors, after
conducting a public hearing, reviewed and approved the Midtown Design Overlay
District, Ordinance No. 19004, to guide the planning and architecture of future
development and redevelopment activities; and
WHEREAS, the Midtown Redevelopment Advisory Board #1 has developed and
approved a "Statement of Design and Programming Expectations" for the Midtown area;
and,
WHEREAS, the Midtown Redevelopment Advisory Board 41 has reviewed the
performance of the Midtown Design Overlay District and has recommended revisions to
the overlay and its implementation based on the further design work conducted; and,
WHEREAS, the Little Rock Planning Commission did review and concur with
the amendments proposed to the Midtown Design Overlay after conducting a public
hearing on said proposal.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. That Little Rock, Arkansas Rev. Code Chapter 36, Article V,
Division 10, Sections 36 -385 through 36 -410 inclusive, known as Midtown Overlay
District be repealed.
SECTION 2. That Little Rock , Arkansas Rev. Code Chapter 36, Article V is hereby
amended to add Section 36 -385 through Section 36 -389, to be known as `Division 10.
Midtown Design Overlay District' as follows:
DIVISION 10. MIDTOWN DESIGN OVERLAY DISTRICT
Sec. 36 -385 PURPOSE AND INTENT:
The purpose of the Midtown Design Overlay District (District or DOD) is
to create a medium - density urban neighborhood that offers people the
opportunity to live, work, shop, and recreate in a compact, pedestrian -
friendly environment. Retail and service commercial, office space,
community services, and multifamily residential will be the primary land
uses. New development and redeveloped properties are encouraged to
vertically and horizontally integrate compatible residential and non-
residential uses. The DOD is intended to encourage compatibility of
existing and proposed land uses, the protection of established
neighborhoods, and the creation of strong linkages between major
developments. The goal shall be an economically healthy mixed -use
neighborhood that features streetscapes, public spaces and building forms
that embody a unique sense of place.
Guidelines and strategies must be in place to protect the District from the
negative impact of poorly planned or incompatible projects. Incompatible
development has the potential to destroy the attributes that will attract
people to the District.
Sec. 36 -386 BOUNDARIES:
The District shall include lands east of McKinley to University Avenue,
and south of Father Tribou to I -630; south of Lee Avenue to Markham,
and east of University to the alignment of Filmore; and west of the Taylor
Street Right -of -way to the alignment of Filmore, 200 feet north of C Street
to 170 feet south of C Street; south of Evergreen to Lee Avenue, and east
of University to the alignment of Grant Street; east of Filmore to Monroe,
north of Markham to the alignment of A Street; and east of Monroe to Elm
Street, north of Markham 170 (one hundred seventy) feet.
Sec. 36 -387 APPLICATION OF 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 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 provided, that section
36 -154 (b) shall not apply to buildings with a footprint of 10,000 square
feet or less in area.
(b) With the exception single - family or duplex uses with a
zoning of R -2, R -3 and R -4, these regulations shall apply to new
development; redevelopment exceeding fifty percent of the structure's
current replacement value; and expansion of existing development. The
design guidelines shall be implemented when a permit is requested for
exterior improvements on buildings or in the public right -of -way. Routine
repairs, maintenance and interior alterations shall not require compliance
with this section.
(c) Uses, structures or lots which existed on the effective date
of this ordinance which do not conform to the standards and guidelines
established in this ordinance, shall be treated as nonconforming according
to the provisions of Article III of this chapter. Nonconforming status shall
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not apply to construction of improvements in the public right -of -way
required by the City, redevelopment or expansion of existing
development.
Sec. 36 -388 DEVELOPMENT PROCESS
1. A Planned Zoning District process shall be required for a new
development, redevelopment exceeding fifty percent of the
structure's current replacement value based on its configuration at
the time of the DOD's adoption, and for expansion of existing
development exceeding fifty percent of the structure's current
gross square- footage at the time of the DOD's adoption. Routine
repairs, maintenance and interior alterations to accommodate
existing, expanding or new tenants within the existing building
envelope shall not require compliance with Chapter 36, Article 10
(Midtown Design Overlay District). The proposed planned zoning
development shall be reviewed to realize a development plan that
is consistent with the purpose and intent of the Midtown Design
Overlay.
2. For a new development or structure of over 100,000 square feet
(excluding structured parking), a mix of uses must be provided.
This mix may occur either under the same roof or in adjacent
structures as part of a common development. In order to be
considered a mix, the new development must either:
A. Devote the majority of its leasable ground floor space to a
secondary use (i.e., retail in a multistory office building); or
B. Devote ten percent (10 %) of the gross leasable area of a single
building to the secondary use (i.e., residential on the upper
levels of a multistory office, retail or institutional building); or
C. Devote fifteen percent (15 %) of the gross leasable area to a
secondary use in a separate building constructed and occupied
at the same time as the primary structure (i.e., a restaurant on a
pad adjacent to an office building).
3. For a new development greater than 200,000 square feet
(excluding structured parking), there must be a residential
component. This residential may be in the same structure or a
separate structure, as long as the separate structure is part of the
same overall development and the overall development is built
simultaneously.
4. For any new development to be constructed in phases, a portion of
the secondary use(s) shall be included in the initial phases.
Sec. 36 -388 DEVELOPMENT CRITERIA
(a) Building Form
(1) Fagade Treatment:
a. For new construction, at least sixty percent (60 %) of the
ground floor level facing internal pedestrian public
circulation areas or streets shall be glass- windows, entry
features, or displays.
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b. The primary facade of a building shall be oriented
parallel with the street, or to the principal vehicular or
pedestrian routes of travel whether public or private.
c. Buildings shall maintain a distinction between upper
and lower levels; any elevation greater than eighteen feet in
height shall contain an architectural treatment, which
visually divides the structure into `stories'.
d. 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.
(2) Entryway:
a. Primary entrances shall be oriented to the street or to
the principal vehicular or pedestrian routes of travel within
a development.
b. Buildings shall have clearly defined and visible
customer entrances featuring elements such as overhangs,
arcades, arches, canopies, peaked roof forms, display
windows.
c. All sides of building that face abutting public or private
rights -of -way, except alleys, shall feature at least one
customer entrance.
(3) Elevations:
a. No elevation facing an arterial or greater street shall be
primarily used as a service entry or otherwise be treated as
the rear of the structure.
b. New construction wider than the 100 linear feet shall be
visually massed so as to break the structure visually.
c. Roof lines shall be varied with a change in height every
one hundred (100) linear feet in building length. Parapets,
mansard roofs, gable roofs, high roofs shall be used to
conceal flat roofs and roof top equipment.
d. Exterior building materials and colors shall be
aesthetically pleasing and compatible with materials and
colors used in neighboring developments.
Predominant exterior building materials
shall be of high quality materials; such as, but not
limited to: brick, wood, stone, tinted, stucco, EIFS
(Exterior Insulation Finish System) concreted
masonry units. Facade colors shall be low
reflectant, subtle, neutral or earth tone with trim and
accents brighter colors.
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It. Predominant exterior building materials
shall not be smooth -faced concrete block, tilt -up
concrete panels or prefabricated steel panels.
(4) 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, signs, and
balconies.
b. Awnings shall not project more than five (5) feet from
the building facade and have a minimum clearance of nine
(9) feet above pedestrian areas and thirteen (13) feet above
vehicular areas.
c. Balconies over the public right of way shall have a
minimum clearance of nine (9) feet above the sidewalk.
One (1) inch of projection is permitted for each additional
inch of clearance above eight (8) feet, provided that no
such projection shall exceed a distance of four (4) feet.
Balconies shall not be supported with posts extending to
the sidewalk. Mounting heights for balcony brackets shall
conform to minimum clearance standards.
(5) Small Building Requirement: The following criteria shall
apply to any building under five thousand (5,000) square feet.
a. Parking shall not wrap the building, but be limited to
the side and rear areas.
b. Building height shall be limited to 35 feet.
(b) Building Height:
No building hereafter erected or structurally altered shall exceed a height
of 60 feet, except as provided below. Structures may have a greater height
as follows, and these `bonuses' may be cumulative:
Developments that provide a minimum fifteen percent (15 %) of the gross
floor area for residential uses are entitled to add 45 feet to the structure.
(1) Any structure that 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 add 15 feet to the
structure.
(2) Structures with a mix of uses (i.e. office, retail and /or
residential), with the street -level primarily devoted to retail uses
and at least fifty percent (50 %) of these uses having direct access
to the street, is entitled to add 25 feet to the structure; alternately, a
development with an integrated parking facility substantially
located within the footprint of the primary structure, is entitled to
add 25 feet to the structure.
(3) Notwithstanding the foregoing, any structure north of
Markham and east of University shall be limited to a height of 35
feet.
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(c) Setbacks:
Building setbacks from adjacent property lines and street rights -of -way
shall be:
(1) Front yard setbacks may be zero (0) feet, but will not be
more than twenty (20) feet, excepting in those cases where grade
changes make such setbacks impractical.
(2) Side yard setbacks may be zero, except where adjacent to
lots containing single - family detached structures. In this case the
side yards shall have a setback of not less than four (4) feet.
(3) Rear yard setback may be zero, except where adjacent to
lots containing single - family detached structures. In this case the
rear yard shall have a setback of not less than twenty -five (25) feet.
(d) Driveways, Sidewalks & Alleys:
(1) Driveways & Circulation streets:
a. Driveways and internal circulation streets must have
lanes at least ten (10) feet in width, but not more than
twelve (12) feet, excepting that width needed for bike lanes
or special pedestrian accommodations.
c. Intersections of internal driveways or streets will be
minimally controlled by stop signs, and will feature special
crossway paving or treated surfaces.
d. Access driveways running parallel to the street shall not
create a four -way intersection within 125 feet of the
ultimate curb line of the public street.
e. No more than one curb cut per block face shall be
permitted. Driveways and parking lot entrance - exists shall
be combined and where appropriate located in alleys.
(2) Sidewalks & Pedestrian walkways:
a. All driveways and internal streets shall have minimum
five (5) foot sidewalks on both sides-located away from the
back of curb
b. All sidewalks fronting buildings with ground floor
retail shall be at least ten feet in width.
c. Protected pedestrian walkways shall be provided
through parking lots.
d. All developments shall include as part of their site plan
pedestrian linkages through parking areas and to adjacent
buildings or developments.
(3) Alleys: Alleys shall not be more than twenty (20) feet wide
unless needed for emergency vehicle access. Where an alley runs
along a property line, it shall be screened from the adjacent
property by a permanent wall of high - quality materials compatible
with neighboring buildings.
(e) Utilities:
(1) All new utilities for developments within the District shall
be buried. All new developments shall underground all utilities
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onsite or within adjacent public right -of -way whenever determined
by the affected utility agency to be feasible.
(2) Trash enclosures shall be located in alleys whenever
available or in common service areas for multiple developments.
(3) In all areas, service and waste removal areas shall be
screened and located away from public outdoor spaces and
pedestrian. Dumpster screening shall be as per 36 -253.
(f) Parking:
(1) Parking Facilities: Wherever feasible, multilevel parking
structures shall be encouraged. Surface parking shall be limited to
the side and rear of structures, unless grouped in quantities of fifty
(50) spaces or less separated by a landscape strip no less than the
minimum perimeter landscape strip as required for the property by
Chapter 15 of the code or a structure from other vehicular areas
and having no more than one vehicular connection to another
surfacing parking area. Surface parking areas should be "broken -
up" or distributed around larger structures so as to shorten the
distance to other buildings and public sidewalks. For corner lots,
parking is allowed along the side street frontage.
(2) Parking Requirements: Parking requirements within the
District shall be at least 50% of that required by Article VIII of this
Chapter. The maximum allowed parking shall be the minimum
standard established in Article VII of Chapter 36.
(3) Shared Parking: As an alternative to sub - section (f)(2)
above, mixed -use developments may utilize the shared parking
methodologies developed by the Urban Land Institute and
published in Shared Parking (Second Edition, 2005) by Mary S.
Smith, et.al. A project may elect this means of determining the
total parking requirement by submitting a parking demand analysis
prepared by a qualified parking or traffic consultant, a licensed
architect, city planner, or urban planner or civil engineer.
(4) On- Street Parking: On- street parking on internal streets or
circulation routes shall be allowed and may count towards the
parking requirement. On- street parking is permitted either parallel,
in areas in front of, or adjacent to, retail or commercial entries.
Angled street (drive) parking shall not be permitted on streets
(drives) that provide the development majority access. Such
parking may count towards the overall project parking
requirements. No on- street parking shall be allowed on University
Avenue or Markham Street.
(5) Parking in Setback: No parking shall be allowed in the
"front yard setback" area.
(6) Parking Garage Design: Parking facilities should be
designed consistent with the overall project design. Where
possible, other uses — residential or commercial — should be used to
"wrap" or otherwise block the view of a parking garage.
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(g) Signage: Si_gnage shall comply with provisions of article X of
this chapter except as follows:
(1) No off-site advertising signs are permitted
(2) No pole- mounted signs are permitted
(3) Monument signs are to identify the development and be
limited to seventy -two (72) square feet in area and 6 feet in height
for developments of greater than one acre. For developments less
than one acre monument signs may be up to 24 twenty -four
square -feet in area and 6 feet in height and must be as located as
part of the required landscape area of the parking lot.
(4) Signage integrated into free - standing vertical structures
whose design theme and materials are directly related to the
primary development may be submitted for approval under the
Planned Zoning District process if located along University
southerly of Lee. No single elevation or face of such a structure
shall be more than 400 square feet.
(h) Landscaping and Public Spaces
(1) No street buffer, or landscaping, shall be required along
streets classified less than an arterial. When the structure is not
built to the property line, landscaping is required in the area
between the building and property line up to that required in
Chapter 15 of the Code.
(2) Land use buffers shall only be provided where single -
family and duplex use or zoning is the abutting use. In those cases
where a land use buffer is required, buffers shall be the same as
those for multifamily uses in Sec. 36- 522(b)(1). In areas where
terrain variation is great or other features result in the loss of
privacy, alternative designs and massing shall be considered.
(3) Common use areas and plazas shall be a minimum of 300
square feet for 30,000 square -foot structures. For each additional
5000 square feet or portion thereof, a minimum of an additional 50
square feet of plaza area is required.
(4) Surface parking lots shall meet all current landscape
requirements (Chapter 15, Article II).
(5) Street trees shall be a minimum of 3 -inch caliper and shall
be 2 feet off the back of curb, 30 feet on center. The canopy shall
be maintained with an eight -foot clearance. A four -foot planter
strip shall be maintained.
(6) Common use areas and plazas shall be maintained by a
common authority. Attempts shall be made to maintain vegetation,
trees, and bushes, in undisturbed conditions to serve the aesthetic,
recreational and ecological needs of the district. Trees planted in
these areas shall be a minimum of two (2) inches in caliper and ten
(10) feet in height.
(7) Trees greater than fourteen (14) inches in diameter,
measured at four and one -half (4.5) feet above the ground, shall be
protected from removal and damages in future development of the
district. Any development within fifty (50) feet of any such tree
shall be reviewed prior to development to assure protective
measures are included and in place.
(i) Lighting
(1) The purpose of this section is to regulate the intensity of
exterior lighting. The intent is to prevent light from commercial
developments from excessively illuminating the property in
question, other properties, or the night sky.
(2) Only light fixtures which are categorized as full cut -off
(FCO) fixtures shall be permitted. The use of fully shielded
floodlights are permitted but not encouraged.
(3) The following are specific standards for lighting intensity
based upon the activities performed involved. Values are presented
in allowable foot - candles (fc) maintained (measured horizontally)
at grade and are to be averaged throughout the site to avoid hot
spots, i.e. areas of extreme light intensity relative to the remainder
of the site:
Land Use
Minimum
3
Maximum
Pedestrian areas /
0.2 fc
1.O fc
sidewalks
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
3=
20.0 fc
Site perimeter
0.5 fc
(4) Gas station canopies shall be illuminated at a maximum
luminance of 30 fc and individual fixtures shall be flush mounted
or have the canopy edge below the lowest light- emitting point on
the fixtures. All existing gas station canopies that exceed this
standard shall be made compliant within seven (7) years of the date
of adoption of this article.
(5) Up- lighting may be used to illuminate a building,
landscaping element or architectural feature, provided the lighting
design has a maximum luminance of 12 fc, measured in a vertical
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plane. Down lighting is preferred.
(6) A lighting plan shall be submitted for staff review and
approval prior to issuance of building permits. The plan shall
contain the following information:
I. An area lighting plan, drawn to scale, indicating all
structures, parking lots, building entrances, vehicular and
pedestrian traffic areas, vegetation that may interfere with
lighting, and adjacent land uses that may be adversely
impacted by the lighting. The plan shall contain a layout of
all proposed fixtures by location, orientation, aiming
direction, mounting height and type.
II. The submission shall include, in addition to proposed
area lighting, all other exterior lighting, e.g., architectural,
building entrance, landscape, flagpole, sign, etc.
III. A 10' x 10' luminance grid (point -by- point) of
maintained foot - candles overlaid on the site plan plotted
out to 0.0 foot - candles, which demonstrates compliance
with light intensity standards.
Sec. 36 -389 Exceptions: Property, if for any reason, that cannot be developed
without violating the standards of this article shall be reviewed through the
planned zoning district (PZD) section of the zoning ordinance, with the
intent to devise a workable development plan which is consistent with the
purpose and intent of the overlay standards.
SECTION 3. That Little Rock, Arkansas Rev. Code Chapter 36 (1988) is hereby
amended to reserve Sections 36 -390 through 36 -410.
SECTION 4. Nothing in this ordinance shall affect, in any way, any orders, past
or future, issued in connection with any federal litigation existing on the date of adoption
of this ordinance including, but not limited to, William L. Patton, Jr. Family Limited
Partnership, LLP v. Simon Property Group, Inc., Case No. 4:04- CV- I477(GH), in the
United States District Court for the Eastern District of Arkansas, Western Division,
including any appeal or other subsequent proceeding.
SECTION 5. Yeverability. This Ordinance and its various parts are hereby
declared to be severable. If any section, clause, provision or portion of this ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of this ordinance as a whole. All parts not declared invalid or
unconstitutional shall remain in full force and effect.
SECTION 6. Repealer. All laws ordinances, resolutions, or parts of the same,
that are inconsistent with the provisions of this Ordinance, are herby repealed to the
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extent of such inconsistency, All other provisions of Chapter 36 of the Code of
Ordinances not in conflict therewith shall remain in full force and effect.
PASSED: May 15, 2007
ATTEST:
Cit Clerk
APPROVED AS TO FORM:
IA-
%.ts-ti• --3 a -
City Attorney
APPROVED:
Mayor
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