HomeMy WebLinkAbout201802009072824 Received: 10128J2009 3 :13 :31 P
Recorded: 10/28/2009 03:20 :27 PM died
Recorded in Official Records of PST O'BRJE N,
PULASKI COUNTY CIRCUMCOUNTY CLERK
1 ORDINANCE NO.20,186ees $60M
2
3 AN ORDINANCE TO ESTABLISH AN OVERLAY DISTRICT FOR,,JR
4 CENTRAL HIGH NEIGHBORHOOD DESIGN OVERLAY DIS
5 PURSUANT TO THE DESIGN OVERLAY AUTHORITY OF CHAPTER t� : �c,=
6 THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKA ?!'
�OUi`tf Y,
7 AND FOR OTHER PURPOSES.
8
9 WHEREAS, regulations pertaining to the development of the built and natural environment must be
10 in place to aid the Central High Neighborhood in their economic development initiatives to create a more
11 livable environment and to lessen the negative impact of poorly planned or incompatible projects, and;
12 WHEREAS, the area of the Design Overlay District is included in the Central High National
13 Register Historic District and home to a National Register Landmark – Central High School, ",through
14 protecting the historical architectural integrity and sense of place of the District, by encouraging historic
15 rehabilitation of existing structures, and in -fill development which is fully compatible with existing,
16 historic building stock, and;
17 WHEREAS, the area included in the District includes many historic properties, and careful
18 stewardship and protection of the historic nature and fabric of the neighborhood is warranted to ensure the
19 integrity of place, increase the attractiveness of the District, defend homeowners against "ruins and weed
20 lots" as neighbors, encourage private investment and help ensure the long -term viability of the District,
21 and
22 WHEREAS, the Little Rock Planning Commission did review the Design Overlay District and
23 recommended approval at a public meeting to which area property owners were invited.
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
25 OF LITTLE ROCK, ARKANSAS:
26 SECTION 1. Pursuant to Chapter 36 of the Code of Ordinances of the City of Little Rock, a Design
27 Overlay District of the Central High Neighborhood is herby established as follows:
28
29 DIVISION 13. SEC. 36 -AAA. DESIGN OVERLAY DISTRICT — CENTRAL HIGH
30 NEIGHBORHOOD DESIGN OVERLAY DISTRICT
31
32 (a) Purpose and intent: The purpose of the Central High Neighborhood Design Overlay
33 District (district) is to create a quality vital atmosphere for businesses (commercial or
34 office) and residents through protecting the historical architectural integrity and sense of
I
(Page 1 of 101
I place of the District, by encouraging historic rehabilitation of existing structures, and in -fill
2 development which is fully compatible with existing, historic building stock. Buildings,
3 parking area, signage, landscaping, and street furnishings should all be designed to
4 complement and encourage pedestrian use both day and evening. Proper planning is
5 necessary to ensure visual clutter is avoided.
6
7 Guidelines and strategies must be in place to protect the district from the negative impact of
8 poorly planned or incompatible projects. Incompatible development has the potential to
9 destroy the attributes that will attract people to the district.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
(b) District boundaries. The district shall include all parcels within the area as described:
Starting at the intersection of W 12th Street and South Woodrow Street, east along the
centerline of W 12th Street to the intersection of South Schiller Street, thence south along
the centerline of South Schiller Street to the intersection of W Daisy L Gatson Bates Drive,
thence east along the centerline of W Daisy L Gatson Bates Drive to the intersection of Dr.
Martin Luther King Jr. Drive, thence south along the centerline of Dr. Martin Luther King
Jr. Drive, to the intersection of W 17th Street, thence west along the centerline of W 17th
Street to the center line of South Woodrow Street, thence north along the centerline of
South Woodrow Street to the point of beginning,
Less and except:
All properties bounded by W Daisy L Gatson Bates Drive on the north, Park Street on the
east, West 16th Street on the south and Jones Street on the west; and Park Addition Block 7
Lots 1, 2 and 12; and Park Addition Block 6 Lots 4 -9; and that part of Dennison Street
located between 13th Street and W Daisy L Gatson Bates Drive and
All of Lots 15, 16, I7, and part of Lots 10 and 11, lying East of the Union Pacific Railroad
right -of -way (Formerly Chicago, Rock Island and Pacific Railroad Company) and all of
Lots 12, 13, and 14, less and except the North 35.00 feet and all that part of the South -half
of the closed East -West Alley lying North of Lots 10 and 11, all lying in Block 11,
Worthern & Browns Addition, Little Rock, Pulaski County, Arkansas, more particularly
described as follows:
[Page 2 of 101
I Beginning at the Southeast corner of said Lot 17, Block 11; thence West along the South
2 line of Lots 17,16,15,14,13,12, and 11, said Block 11, 342.40 feet to a point 10 feet
3 Easterly of, as measured at right angles to the center line of the Union Pacific Railroad
4 Company's most Easterly sidetrack; thence Northerly on a straight line 10 feet Easterly of
5 and parallel to the center line of the tangent portion of said sidetrack, 152.93 feet to the
6 centerline of the closed East -West Alley; thence East along said centerline, 71.80 feet to a
7 point on the East line of said Lot 11 extended; thence South along said extended line of Lot
8 11, 45.20 feet; thence East along a line 35.00 feet South and parallel to the center line of
9 said closed East -West alley, 150.00 feet to a point on the East line of said Lot 14; thence
10 North along said East line, 35.00 feet to the Northeast corner of said Lot 14; thence East
11 along the South line of said Closed East -West alley and the North line of said Lots 15, 16,
12 and 17, 150.00 feet to the Northeast corner of said Lot 17; thence South along the East line
13 of said Lot 17, being the West right -of -way line of Jones Street, 140.00 feet to the point of
14 beginning.
15
16 Sec. 36 -131313. Definitions.
17 Block-face: The total of all lots within a city block facing a single given city street.
18
19 Developed block face: A block face containing developed lots which comprise fifty (50)
20 percent or more of the block face.
21
22 Driveway: A designated gravel or paved vehicular path that leads from the public or
23 private street to a permanent parking location, i.e. a parking pad, carport, garage, etc. on
24 private property.
25
26 New construction: Construction that is characterized by the introduction of new buildings
27 or structures.
28
29 Undeveloped block face: A block face containing developed lots which comprise less than
30 fifty (50) percent of the block face.
31
32 Sec. 36 -CCC. Application of design regulations.
33 (a) The regulations in this ordinance shall be in addition to and shall overlay all other
34 zoning districts and other ordinances requirements regulating the development of land
[Page 3 of 10]
I so that any parcel of land lying in the overlay district shall also lie within one (1) or
2 more of the other underlying zoning districts. Therefore, all property within this
3 overlay district will have requirements of both the underlying and overlay- zoning
4 district in addition to other ordinance requirements regulating the development of land.
5 In case of conflicting standards between this ordinance and other City of Little Rock
6 ordinances, the overlay requirements shall control.
7 J
8 (b) These regulations shall apply to new development and also to expansion or
9 redevelopment if the expansion or redevelopment exceeds fifty (50) percent of the
10 structure's assessed value according to the county tax assessor but not including land
11 value. In order to be compatible with the established neighborhood, new construction
12 and landscaping shall comply with the following criteria. In the case of an
13 undeveloped block face, the requirements shall relate to the adjacent block faces.
14
15 (c) Applicants for building permits to redevelop existing structures in the District shall
16 state on their application the expected value of interior and of exterior improvements to
17 the structure. Before a building permit is issued for more than $1,000 in exterior
18 improvements to a structure, the permit shall be reviewed pursuant to Sec. 36 DDD by
19 the Department of Planning and Development to determine whether the total of
20 proposed improvements are likely to exceed 50% of the value of the structure, and thus
21 trigger application of the design guidelines in this regulation.
22
23 (d) Uses, structures or lots which existed on the effective date of this ordinance which do
24 not conform to the standards and guidelines established in this ordinance, shall be
25 treated as nonconforming according to the provisions of article III of this chapter.
26 Nonconforming status shall not apply to construction of improvements in the public
27 right -of -way required by the city, redevelopment, or expansion of existing
28 development.
AM
30 (e) Routine repairs, maintenance and interior alterations shall not be subject to these
31 regulations. Regular maintenance shall be defined as maintenance or repair of any
32 exterior architectural feature which does not change but simply upgrades a structure,
33 including but not limited to: repainting, replacing deteriorated porch flooring, stairs,
34 siding or trim in the same material and texture, or replacing screens, gutters or
[Page 4 of 101
I downspouts. Regular maintenance does not involve a change in design, material, or
2 outer appearance of any architectural feature. In the event of a dispute, to determine
3 routine maintenance that does not require compliance with this section, the Department
4 of Planning and Development shall follow guidelines established by the Little Rock
5 Historic District Commission for routine maintenance that does not require HDC
6 review.
7
8 (f) To encourage owners of properties in the District to return them as much as possible to
9 their original, historic appearance when built, the Director of the Department of
10 Planning and Development shall promptly approve building permit requests within the
11 boundaries of the district to return properties as near as possible to their appearance
12 when built. To determine this, the director shall rely upon advice from the Department
13 of Arkansas Heritage or Staff of the Little Rock Historic District Commission.
14
15 (g) Demolitions shall not be subject to these regulations.
16
17 (h) Properties with Conditional Use Permits on non - residentially zoned land, churches, and
18 schools, regardless of underlying zoning, shall conform to Sec. 36 -FFF New
19 Construction and Additions or Modifications to existing structures on Multi Family or
20 Non - residentially zoned land. All other properties with Conditional Use Permits and
21 Special Use Permits on residentially zoned land shall conform to Sec. 36 -EEE. New
22 Construction and Additions or Modifications to existing structures on Single Family or
23 Two Family Zoned Land section.
24
25 Sec. 36 -DDD. Review section.
26 The director of the department of planning and development shall determine compliance of
27 all building permit requests within the boundaries of the district.
28
29 Sec. 36 -EEE. New Construction and Additions or Modifications to existing structures
30 on Single Family or Two Family Zoned Land.
31 In order to be compatible with the historic nature of the neighborhood, new construction
32 and additions to existing structures shall comply with the following criteria. Plans for new
33 construction, additions and modifications which are subject to this ordinance shall be
34 submitted to the Department of Planning and Development. The Department will review
[Page 5 of 10]
I plans for consistency with the detailed requirements of this ordinance and consistency with
2 the historic nature of the District. In the case of an undeveloped block face, the
3 requirements shall relate to the adjacent block faces.
4
5 (a) Roofs. A roof pitch of less than 8:12 shall be prohibited. Decorative roof features such
6 as metal cresting, tile ridge caps, or other ornamentation shall be reinstalled when
7 roofing or doing roof repairs. Tile roofs shall be preserved.
8
9 (b) Materials. The materials of the exterior shell shall be wood, brick, other masonry, or a
10 material that resembles wood (i.e., vinyl siding, etc.)
11
12 (c) Orientation. The orientation shall be consistent with that of other structures on the
13 developed block face.
14
15 (d) Entrances. The primary entrance shall be consistent with that of other structures on the
16 developed block face.
17
18 (e) Setback. The front yard setback for all R -2 and R -3 Single Family and R -4 Two
19 Family district shall be 15 feet. All other setbacks shall be as prescribed by the
20 property's zoning district.
21
22 (f) Parking in Residentially zoned districts: No off - street parking pads are allowed
23 between the front of the principal structure and a public street. Surface parking is to be
24 located behind or adjacent to a structure. Driveways are permitted to be installed in the
25 front yard setback, but not between the principal structure and a public street. Parking
26 pads, as used in this section, are to be defined as permanent surfaces of concrete,
27 asphalt, modular pavers, masonry, gravel or other permanent surfaces to be used for the
28 purpose of parking or storage of vehicles.
29
30 (g) Detached Garage and carport locations shall be located to the rear or the principal
31 structure and shall not be located in the front setback. Attached garages must have
32 garage door openings that face side streets, interior lot lines, or alleys.
33
[Page 6 of 101
1 (h) Accessory Buildings: Accessory building coverage within the 25 -foot setback from the
2 rear property line shall be no more than 40% of the area in that section. Accessory
3 building setbacks shall be as per Chapter 36 -254 and 36 -256.
4
5 (i) Porches: Residential structures must have a front porch that is a passageway from
6 the street to the front door of the unit(s) on new residential construction and additions /
7 modifications to the front facade of existing residential structures.
8
9 (j) Mechanical service equipment (including but not limited to air conditioner condensing
10 units, transformers, solar collectors, satellite dishes, etc.) shall be located in the rear
11 yards or on a rear - facing roof.
12
13 Sec. 36 -FFF. New Construction and Additions or Modifications to existing structures
14 on Multi Family or Non - residentially zoned land.
15 In order to be compatible with the historic nature of the neighborhood, new construction
16 and additions to existing structures shall comply with the following criteria. Plans for new
17 construction, additions, and modifications, which are subject to this ordinance, shall' be
18 submitted to the Department of Planning and Development. The Department will review
19 plans for consistency with the detailed requirements of this ordinance and consistency with
20 the historic nature of the District. In the case of an undeveloped block face, the
21 requirements shall relate to the adjacent block faces.
22
23 (a) Orientation: The primary facade of a non - residential building shall face the principal
24 street. The principal streets, as referred to in this section, shall refer to the street having
25 the highest classification according to the City Master Street Plan. Buildings located
26 on corner lots shall have the same orientation as adjacent non - residential structures.
27
28 (b) Ground -level facade. For new construction, at least sixty (60) percent of the ground -
29 floor level facing pedestrian public circulation areas shall be glass- windows and /or
30 displays.
31
32 (c) Nonresidential Building setback: All commercially and office zoned properties within
33 the boundaries of this districts shall have a ten foot (10') front set back with building
34 sited at the front setback property line. Properties on street corners shall be sited on the
[Page 7 of 101
I property lines ten feet off the property lines abutting the street corner. There shall be a
2 five feet side yard set back from residentially zoned properties, zero feet side yard set
3 back from non - residentially zoned property and rear yard setback of 25 feet.
4
5 (d) Drive through facilities: No drive through facilities shall be permitted on front
6 facades of buildings. Buildings, which are on a corner, shall be considered to have two
7 front facades. Drive - through facilities are permissible on side or rear facades.
8
9 (e) Roofs. Flat roofs and pitched roofs are permitted. Rooflines should follow
10 predominant style of the adjacent buildings.
11
12 (f) Materials: The materials of the exterior shell shall be brick, other masonry, wood, or a
13 material that resembles wood (i.e., vinyl siding, etc.)
14
15 (g) Standard parking requirements. Parking requirements within the district shall be fifty
16 (50) percent of that required by article VIII of chapter 36.
17
18 (h) Maximum parking: The maximum parking allowed shall be the minimum standard
19 established in article VIII of chapter 36.
20
21 (i) Parking facilities. Surface parking shall be limited to the side and rear of structures.
22 No parking shall be allowed in the "front -yard setback." Parking structures shall have
23 ground -level uses devoted to non - vehicular activities. Development of ground -level
24 retail or office uses is encouraged.
25
26 Sec. 36 -GGG. Sidewalks.
27 All public streets and drives shall have five -foot sidewalks on both sides of the vehicular
28 area for non - residentially zoned property. All residentially zoned property shall have four -
29 foot sidewalks on both sides of the vehicular area.
kIC
31 Sec. 36 -ICI. Utilities and services.
32 (a) All new utilities for developments within the district shall be buried. All new
33 developments are required to place utilities and cabled services in subterranean
34 locations from the pole to the structure.
[Page 8 of 10]
1 (b) Dumpster delivery and waste removal areas shall be located in alleys where available
2 or in common service areas for multiple developments.
3
4 (c) In all areas, service and waste removal areas shall be screened and located away from
5 public outdoor spaces and pedestrian areas. Dumpster screening as per [section] 36-
6 253.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 //
Sec. 36 -III. Landscaping.
The regulations in this subsection shall apply to all development and redevelopment in the
District.
(a) Land use buffers shall be as provided in subsection 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.
(b) Parking lots shall meet all current landscape requirements (Chapter 15, Article IV)
when development or redevelopment occurs as stated above. Variances from this
provision will be heard by the City Beautiful Commission.
(c) Trees greater than fourteen (14) inches in diameter, measured at four and one -half (four
1/2) 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. Tree removal can only be done if approved by the City's Urban Forester.
Penalties for violations shall be a listed in Chapter 1 -9. For trees in the Public Right-
of -way, see Sec 15 -51.
(d) Planting of trees in areas void of shade and canopy will be conducted as follows. Tree
species will be selected based on its mature size, growth, habit, and optimal site
requirements. In any development that requires compliance with the provisions of this
district, at least two (2) trees shall be planted in the front yard setback. Trees shall be
selected from the list of appropriate trees listed in Chapter 15.
[Page 9 of 10]
I (e) Ensure that tree plantings do not interfere with above or below ground utilities, obstruct
2 views at intersections, or cause other public safety concerns.
3
4 (f) Trees planted on public lands shall be at least two inches in caliper and ten feet in
5 height.
6
7 (g) The City's Urban Forester shall advise about tree selection, planting guidelines, and
8 tree placement.
9
10 (h) Trees planted in tree grates or in cutouts within sidewalks shall have a minimum of
1 I thirty-six square feet area. Tree pits shall be excavated to a depth of a minimum of
12 eighteen inches and backfilled with topsoil.
13 Sec. 36 -JJJ. Exceptions.
14 Property, if for any reason, that cannot be developed without violating the standards of this article
15 shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with
16 the intent to devise a workable development plan which is consistent with the purpose and intent of
17 the overlay standards.
18 Section 2. That the ordinance shall take effect and be in full force from and after its passage and
19 approval.
20 Section 3. Severability. In the event any portion of this ordinance is declared or adjudged to be
21 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this
22 ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or
23 unconstitutional were not originally a part of this ordinance.
24 Section 4. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any
25 provision of this ordinance are hereby repealed to the extent of such conflict.
26 PASSED: October 20, 2009
27 E T: APPROVED:
28 %1 �� !� 1217
29 \4L l'� Il� „(
30 Susan Lange Actin City Clerk Mark Stodola,
31
32 APPROVED S TO LEGAL FORM:
33
34
35 7
36 Thomas M. Carpenter, City t r ey
[Page 10 of 10]