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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 All ordinances or parts of ordinances in conflict herein are hereby repealed.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 ~~ 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 ~~ +~. 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.) ~- Yom,' V ~; ~ 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. ~"~