1644ORDINANCE NO. 1'Q77
AN ORDINANCE TO AMEND ARTICLE III, SECTION 3 PERMITTED USES OF
ORDINANCE 1258, AS AMENDED, TO ESTABLISH THE PLANNED BUSINESS
PARK DISTRICTS, AND FOR OTHER PURPOSES.
WHEREAS, after public hearing upon due notice and publication,
pursuant to Article IX Section 5, 6 and 7 of the zoning regulations
adopted by Ordinance 1258, as amended, the Planning Commission has
approved and recommended for adoption the proposed amendment to the
zoning regulations adopted by Ordinance 1258, as amended, to allow
the establishment of the "PBP", Planned Business Park Zoning
District; and
WHEREAS, the City Council finds that the proposed amendment to
the zoning regulations of the City of West Memphis should be
adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Article III, Section 3 A of the zoning regulations
adopted by Ordinance 1258, as amended, is hereby amended to add the
following subparagraph:
3. "PBP". Planned Business Park District - The purpose
of the Planned Business Park District is to foster
stability and growth in light industry, research and
development and similar industries that are enhanced by
access to transportation networks and that provide
desirable employment opportunities for the general
welfare of the community. The Planned Business Park
District targets relatively large contiguous land areas
that can be developed according to a unified plan in a
high quality, campus-like setting rather than on a lot-
by-lot basis. The uses and standards in this district
are intended to promote flexibility and innovation in
site design and enhance the environmental quality and
attractiveness of business parks in the community,
enhance the natural or scenic qualities of the
environment and protect the public health and safety.
The minimum area for a "PBP" Planned Business Park
Designation shall be twenty-five (25) acres. In
calculating the minimum area for a PBP District, the
measurements shall include the area of all dedicated
streets entirely within the boundary of the proposed PBP
and one-half of the area of all boundary or perimeter
streets.
SECTION 2. Article III, Sections 3, B, C and D are hereby
amended to read in accordance with Exhibit "A" which is attached
hereto and incorporated herein by reference.
SECTION 3. All ordinances or parts of ordinances in conflict
herein are hereby repealed.
PASSED AND APPROVED this TTY day of 14ur~ us"f' , 1994 .
ITH M `~ INGRAM, Moor
SPONSORED BY:
EXHIBIT A
Permitted Uses
The permitted uses in the industrial districts are set forth
below. Where the letter "X" appears opposite a permitted use
and underneath an industrial zoning district, the use is
permitted in that district subject to (1) the providing of
off-street parking in the amount required, (2) conformance to
the development criteria applying to uses as set forth in
this section, and (3) the providing of off-street loading in
accordance with Article VI. Where letters "SP" appear
instead of "X", this use is permitted subject to acquiring a
Special Use Permit as set forth in Article IV.
,`
PERMITTED USES
1. INDUSTRIAL USES
(a) MANUFACTURING USES
Advertising Displays
Air Conditioning and Heating
Equipment
Apparel or Other Textile Products
Including Hats and Hosiery
Asphalt or Asphalt Products
Automobiles, Trucks or Trailers
Mobile Homes
Boats, Building or Repair
Bottling Works
Carpentry, Woodworking, or
Furniture Working
Cement, Lime or Plaster-of-Paris
Ceramic Products - Brick, Tile
Clay, Glass, Porcelain
Chemicals, Compounding or
Packaging
Compounding or Packaging of
Cosmetics, Toiletries, Drugs,
and Pharmaceutical Products
Cotton Ginning or Processing
Electrical Appliances, Equipment
and Supplies
.Fertilizers
Food Products, including dairy
products, bakery products, candy,
fruit and vegetable processing and
canning, packing and processing of
meat and poultry, but not including
the distilling of beverages, .
slaughtering of animals or poultry,
.or manufacture of vinegar or pickles
ZONING DISTRICT
I-1 I-2 PBP
X X
X X
X X
SP
X
X
X X
X X
SP
SP X
SP X
X X
X
X X
SP
SP X
x
X•
X
X
x
SP
SP
x
x
ZONING DISTRICT
PERMITTED USES I-1 I-2 PBP
INDUSTRIAL USES - MANUFACTURING (continued)
Food products, including slaughtering SP
of animals and poultry or manufacture
. of vinegar or pickles
Grain, Milling or Processing X
Hair, Felt, Feather, or Leather X
Products
Ice, Dry or Natural X X x
Industrial Uses Not Listed SP SP sP
Jewelry X X x
'Machines, Machine Tools X X SP
Mattresses, including rebuilding X X x
or renovating
Monument Works X
Orthopedic or Medical Supplies X X x
• Paint, Enamel, Lacquer, SP
Turpentine, Varnish
Paper Manufacturing or Processing SP X SP
', Plastic Products, including X X sP
luggage, tableware, buttons,
or similar products
Printing and Publishing, including X X x
Engraving or Photoengraving
Rubber Products, Natural or X
Synthetic
Steel Products, Fabrication X
and Assembly' •
Stone and Gravel Processing, or X
Products
Tar or Tar Products, Creosoting, SP
or Similar Processes
Wood or Lumber Processing, including X
the manufacture of paper pulp,
furniture, or similar products
~~.
ZONING DISTRICT
PERMITTED USES - I-1 I-2 pBP
(b) NON-MANUFACTURING
Animal Hospital, Kennel, Pound Sp X
or Shelter
Appliance Repair X X x
Automobile Wrecking, Salvage, Sp
or Junkyard
Batching or Mixing Plant, Asphaltic gp
or Portland Cement, Concrete, Mortar
or Plaster
Construction Sales tdithout Heavy Equipment Storage X X X
,
or Material Storage
Construction office/Building, X X
Equipment Repair, Sales, or
Contractor Storage Yard
Extraction of C~.ay, Gravel X
Quarrying of Rock
Gases or Liquids, Flammable, ~ X
Storage of
Grain Elevator X -
Laboratory, Research or Testing X X x
Light Fabrication and Assembly X X x
Process
Livestock Auction Sales Barn X
and Pens '
Machine or Welding Shop X X
Petroleum Products Storage X
Plumbing, Electrical, Air X X X
Conditioning and Heating Shop_
School, Commercial or Trade X X x
Sheet Metal Shop X X
2. COMMERCIAL USE5
Auction Room, Auctioneer X X X
Automobile Accessory and Supply X X x
Store
i
a
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COMMERCIAU USES (continued)
ZONING DISTRICT
PERMITTED USES ~ 1 I-2 PBP
Automobile Bus or Truck--Painting, X X
Repair, Service, or Body Shop
Automabile Sales, New and Used X X SP
Banks or similar financial institutions X X X
Building Materials and Supplies, X X SP
Including Sale of Lumber
Cold Storage X X X
Day Care Center, Subject to Art. V, Sec. 5 X X
Eating Place X X X
Farm Equipment Sales, Service, Repairs X X
Feed and Fertilizer Sales X X X
Freight Depot, Railroad, Truck or Barge X X x
Hardware X
Hardware, Industrial Sales X X SP
Hotel or Motel X X
Laundry Plant X X X
Offices, Medical and Professional X X
Office Warehouse X X X
Mobile Homes, Sales and Service X X X
Personal Service Establishments including X X
health and fitness centers
Tire Recapping Shop X X
Small Tool & Equipment Rental X X X
Tool and Equipment Rental X X
Race Track SP SP
Warehousing and Storage X X X
Wholesale Establishment X X X
3. COMMUNITY FACILITIES ADD PUB C UTILITIES
Club or Lodge X X X
Community Building X X X
Electrical Substation X X X
~~
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PERMITTED USES
COMMUNITY FACILITIES AND PUBLIC
UTILITIES (continued)
Gas Regulator Station
Golf Course, including commercially-
operated driving range or miniature
golf course
Post Office
State Garage, Yard or Similar
Facility
ZONING DISTRICT
I-1 I-2 PBP
Telephone Exchange, Shop, or Garage
4. AGRICULTURAL USES
Animal and Poultry Husbandry,
Dairying or Pasturage
Field Crops, Floriculture, Greenhouse,
Horticulture, Nursery, Truck Gardening
5. OTHER USES
All accessory uses as defined in
Article X that are accessory to
any permitted use in these districts
Dwelling for Resident Security Guard
or Caretakers employed on the premises
C. Lot, Yard and Height Regulations
X X X
X X x
X
SP
SP
X
X
X
X
X
X
X SP
X
X x
X X
X x
No lot or yard shall be established or reduced in dimension or
area in any industrial district that does not meet the minimum
requirements set forth in the following tables. No building or
structure shall be erected. or enlarged that will cause the
maximum lot coverage to be exceeded for such district.
PERMITTED USES
Minimum~Lot Area (Square Feet)
Minimum Lot Width at Buildinct Line
(Feet)
Maximum Lot Coverage (Percent) '
YARD REGULATIONS (in feed
Abuttinc~a Street Right-of-Way
Across street from residential district
Across from nonresidential district
Abutting Other Property Lines (1)
Abutting a residential district
Abutting a nonresidential. district
HEIGHT REGULATIONS (2)
Maximum Number of Feet
Maximum Number of Stories
ZONING DISTRICT
I-1 I-2 PBP
10, 000 10, 000 1 ACRE
100 100 100
50 50 50 ..
30 50 30 =
30 30 30
30 40 30
12 12 12
36 75 36
3 6 %, 3
NOTE: (1) Where property abuts a railroad where siding fa-
cilities are utilized, structures may be built up to
railroad property lines.
(2) A building or structure may exceed the maximum
heights shown provided each of its front, side, and rear
'" yards are increased an additional foot for each foot such
building exceeds the maximum height.
D. Development Criteria
Unless otherwise specifically provided in this section, the fol-
lowing development criteria shall apply:
1. All I~1 and I-2 Disticts
a, Any lighting visible from outside the site
shall be designed to reflect away from adjacent
residential districts. No noise, odor or vibra-
tion shall be emitted so that it constitutes a
nuisance which substantially exceeds the general
level of noise, odor or vibration emitted by uses
adjacent to or immediately surrounding the site.
Such comparisons shall be made at the boundaries
of the site.
b. Outdoor storage of trash receptacles shall be
at the sides or rear of the site and shall be to-
tally encircled or screened by a site-proof
fence, planting or other suitable visual barrier.
c. A permanent opaque screening fence or wall
shall be constructed along any side or rear prop-
erty line which abuts property zoned for
residential purposes. The height of this screen
or wall shall be not less than six (6) feet and
shall be constructed of wood, masonry or other
durable opaque material, and finished in a manner
appropriate to the appearance and use of the
property.
d. No loading or storage of material shall be per-
' mitted in the required front yard.
2. Additional Criteria in I-1 Industrial District
a. Every use, or any part thereof, that is not con-
ducted within a building completely enclosed on
all sides shall be screened by a permanent opaque
screening fence or wall so that it cannot be seen
from an adjoining lot. The following screening
and display criteria shall apply to uses located
in the "I-1" - Industrial District:
1) The height of any opaque screening fence or
wall shall not be less than six (6) feet.
2) Automobile, bus, truck, tractor, mobile
home, boat or motorcycle, and wheeled and/or
tracked industrial vehicle storage areas are
not required to screen fully assembled
merchandise which is ready for sale.
3) Other business uses shall be permitted
open display of merchandise commonly sold by
such operations as long as the area of said
display is not larger than an area equal to
one-half (1/2) of the facade area of the
front of the building.
3. Additional Criteria in PBP Planned Business Park District
A. Common Oppen Space 1?eguirements
1. A minimum of 10 percent of the gross land area within a
PBP District shall be set aside as common open space to
provide for open space, landscaping and recreation for
employees and visitors.
2. "Gross land area" shall not include parking areas,
driveways, or other impervious surfaces that are not
usable for the activities described in subsection 3,
below.
3. Required open space shall be usable for landscaping and
active recreational activities. Open space areas shall
be attractively landscaped and may contain water
features, park benches, gardens, planting strips,
trails, or other recreational or landscaping amenities.
B. Ownership and Maintenance of Common Elements
1. Common elements, such as undedicated streets or drives,
recreational and parking facilities, open space and
sanitary and storm sewers, shall be either:
a. maintained by the owner of the planned business
park, pursuant to a maintenance agreement approved
by the City Attorney; or
b. conveyed to and maintained by a common owner or
property owners' association, pursuant to covenants
or a maintenance agreement approved by the City
Attorney; or
c. conveyed to a public body if such public body
agrees to accept conveyance and to maintain the
open space and any buildings, structures or
improvements located within it.
2. If common elements are to be maintained by a property
owners' association, the developer shall establish
restrictive covenants for the entire project area. The
restrictive covenants must be submitted to show
compliance with these district regulations, but will
not be reviewed as to form, legality or methods of
enforcement. Those covenants must, at a minimum:
a. Create a property owners association;
b. Provide for the maintenance of individual sites,
common areas, open spaces and private streets; and
c. Provide for minimum development and operational
standards for each site which require adherence to
local ordinances and establish uniform landscaping,
signage, site design, parking and loading
standards. The covenants may include additional
restrictions or requirements at the discretion of
the developer.
C. Off-Street Parking
Off-street parking and loading space requirements subject
to Article VI.
D. Screening Requirements
Refuse containers, dumpsters, rooftop and outdoor HVAC
r equipment shall be screened with vegetation, fencing or
berms so they are not visible from any street or adjacent
property. Buildings or structures abutting a residential
zone or use shall also be appropriately screened.
E. Outdoor Storage
Outdoor storage areas may be permitted as an accessory use
on an individual lot within a planned business park,
provided that such storage is completely screened from
adjoining uses within and outside the park as well as from
public rights-of-way. The screening must be effective at
the time it is installed, even if plant materials are used
for all or part of the screening. Access through the
screening for vehicles is permitted, but is limited to one
30-foot wide location per street within any required
setback or yard. In no event may the amount of land a rea
devoted to outside storage exceed 20 percent of an
individual lot area.
F. Landscaping Reguirements
1. Street trees shall be planted along all
public and private streets within the and adjoining any
planned business park.
2. Perimeter landscaping and parking lot landscaping are
required subject to review and approved by the West
Memphis Design Review Commission.
G. Undergrounding of Utility Lines
All utility lines such as electric, telephone, CATV, or
other similar lines must be installed underground. This
requirement applies to lines serving individual sites as
well as to security and street lighting within the park.
However, distribution lines which service the entire site
may be located above ground. All utility boxes,
transformers, meters, and similar structures must be
screened from public view.
H. Access and Traffic Considerations
1. Planned business parks should be accessible from one or
more major roads as designated in the comprehensive
plan, transportation plan. Planned business parks
should provide at least one distinctive main gateway
entrance to the park. Access to the park shall be
designed to discourage outside though traffic.
2. Curb cuts providing access to major streets shall be
spaced minimum of 100 feet from any other curb cut.
3. Traffic generated by occupants and users from the park
shall not exceed traffic capacity standards established
for the adjacent road network. A traffic impact study
may be required to determine whether road improvements
will be required.
4. The street circulation system serving a PBP shall be
internally oriented.
I. Sign Regulations
1. The general sign ordinance of the City of West Memphis
shall apply to PBP Districts, in addition to the
following special standards.
2. All signs within the PBP District shall be either:
a. wall-signs; or
b. ground signs, not exceeding 6 feet in height and
landscaped with at least two (2> evergreen shrubs
for each sign face ( See illustration below.)
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T` ~ `~,a„r?/
3. Maximum number: 1 ground sign at each entrance to the
park, 1 ground sign for individual uses within the
park, and any number of signs needed to provide
directions, identify parking areas or aid in the safe
and efficient traffic circulation within the park.
4. Maximum gross surface area of individual signs: 75
square feet.
5. The following sign types shall be prohibited within a
PBP District: pole signs, portable signs, roof signs,
flashing signs, banners, streamers and other
attention-getting devices.
6. A uniform sign plan shall be submitted and approved for
each planned business park. The uniform sign plan
shall specify consistent sizes, materials and colors of
signs to be used throughout the property, or shall
establish a hierarchy of different types of signs,
consistent for all signs in each category. The design,
colors and materials used for signs shall be compatible
with the buildings which the signs serve.
J. Architectural Design Guidelines
1. Buildings within a PBP District should conform to a
uniform architectural style.
2. Construction and Appearance. (1) No building shall be
constructed with wood framing; (2) the exterior walls
shall be finished with brick, block, stone, glass,
preformed and prefinished metal building panel system
(minimum 26 gauge metal panel, interlocking panels,
insulated to a minimum insulation value of R-10, and
exterior hidden fasteners) precast concrete or tilt
wall standard to be set with equivalent or better
materials, allowed subject to the West Memphis Design
Review Commission approval of equal materials; (3)
Metal buildings shall integrate stone, block, face
brick, precast concrete, or tilt up concrete into
building facades facing a public right-of-way.
3. The entrance or entrances to a park should receive
special emphasis in design and construction. It should
set the tone for the development within and should
create an identity for the project at the project
street frontage. Special attention should be paid to
signage, landscaping street configuration future
transit potential and traffic circulation. At a
minimum, a divided street entrance must be used at the
principal entrance to the site.
K. Preliminary and final site plan review in proposed PBP
district
1. A preliminary site plan and text presenting the
following information shall be submitted to the
planning commission for review.
a. A site plan, drawn to scale of not less than two
hundred (200 feet to the inch, including the
following information:
1. A survey showing the property boundary lines
and dimension; the gross land area of the site;
available utilities; easements, roadways, rail
lines and public right-of-way crossing and
adjacent to the subject property;
2. Natural conditions, including the general
location and extent of tree cover; location and
extent of water courses, marshes and flood
plains the subject property; existing natural
drainage patterns;
3. A general grading and landscape plan including
the location of major existing trees and
vegetation that is to be retained;
4. The general location yard dimensions and
maximum number of lots or sites to be developed
or occupied by buildings in the planned
business park;
5. The location, dimensions and number of all
circulation elements, including streets,
roadways, driveways, entrances, curbs, curb
cuts, parking stalls, loading spaces and access
aisles, sidewalks, walkways, including slopes
and gradient of streets and driveways;
6. General locations and types of utilities and
easements including storm drainage as well as
general details of all surfaced areas;
7. The location of all existing and proposed
surface and subsurface drainage facilities;
8. The location size and arrangement of all
outdoor signs and lighting;
9. The location and height of fences or screen
plantings and the type or kind of building
materials or plantings to be used for fencing
or screening;
10. The location and total area of common open
space and the proposed uses of such open space;
2. The planning commission shall study the preliminary
site plan and supporting data and may make suggestions
for changes and adjustments. After the commission
approves the preliminary plan it shall submit this to
the City Council. Whenever the governing authority
approves the preliminary plan and supporting material,
one (1) copy shall be filed in the office of the
commission and one (1) copy shall be given to the owner
for their review and approval.
3. Upon receipt of the approved preliminary plan, the
owner may proceed with final plans and specifications
for all or for any portion of the project that is
agreed upon. The final plans and specifications shall
be reviewed and approved by the commission and
transmitted to the City Council for approval. Upon
approval by the governing authority, one (1) copy shall
be filed in the planning commission office. No building
permit shall be issued until a final plan of the
proposed development, or portion thereof is approved,
and filed in the Planning Commission Records along with
the approved subdivision plat.
L. Effect of site plan approval
Approval of a site plan under subsections (J), above shall
permit the applicant to apply for any other permits and
approvals including, but not limited to, Building permits,
certificates of occupancy, and other permits and approvals
required under the Subdivision code and the Building Code.
M. Period of Validity
If construction of the planned business park is not started
within two (2) years of the date of final site plan
approval, the governing authority may consider rezoning the
site to its previous classification. The applicant, by
showing good cause why he cannot adhere to the tshis
timetable may seek an extension of not more than one (1)
year at a time. A request for extension shall be submitted
in writing to the planning commission.
K. Amendment to approved site plan
A site plan shall be amended in accordance with the
procedures and standards which governed its approval,
except for minor deviations, including but not limited to:
1. A less that 5% increase in the floor area;
2. A less than 10% decrease in required parking spaces or
common open space;
3. The relocation of any structure, dedicated street,
easement or landscape screen in any direction from the
location shown on the site plan for:
s
a. Less than 25 feet for site plans of less than 2
acres;
b. Less than 50 feet for site plans of 2-8 acres;
c. Less than 100 feet for site plans of 8-20 acres;
d. Less than 150 feet for site plans of more than 20
acres; or
4. The correction of drafting errors on the approved site
plan.
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