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Ordinance 2007-08

ORDINANCE NO. 2007-08
AN ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR A LARGE SCALE
DEVELOPMENT WITHIN THE CITY LIMITS OF THE CITY OF JOHNSON, ARKANSAS
AND AMENDING THE CITY CODE, PROVIDING FOR THE EMERGENCY CLAUSE AND
FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Johnson hereby finds it in the public interest,
and in the furtherance of the public health, safety, and welfare, that minimum specifications and
requirements relating to Large Scale Developments within the corporate limits of the City of
Johnson. Arkansas, be adopted.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Johnson,
Arkansas:
Section I : General Provisions
A. JURISDICTION: The provisions of this Ordinance shall apply to all lands within the
City of Johnson, Arkansas and its planning area as defined on the official maps of the
City of Johnson.
Section 2: Applicability
This ordinance establishes minimum design standards, providing minimum improvements to be
made or guaranteed to be made by the developer, establishing overlay districts for certain highway
corridors, establishing interstate signage districts for certain highway corridors, setting forth the
procedure to be followed by the Planning Commission in applying these rules, regulations and
standards and prescribing penalties for the violation.
A Large Scale Development will be required for all projects meeting one of the following:
A. All new construction of commercial buildings in zones C-l, C-2, C-3, R-0, PUD, or I.
B. All additions to existing commercial buildings where the addition is greater than or
equal to 5,000 square feet in zones C-l, C-2, C-3, R-0, PUD or I.
C. All new construction or additions to multi-family housing, if the new construction or
addition exceeds 5 units) in zones R-M.
D. All changes from residential use to any other use classification of a building, without
consideration of the zoning district at that location.
E. All new construction or additions to existing buildings in the A-l zone where the final
building square footage exceeds 5,000 square feet.
F. All placement of nonresidential trailers.
G. All parking lots over 5 spaces in size.
Section 3: Development Plan Approval Procedure
Before a building permit can be issued for a development that is one half (1/2) acre or over
in size, other than a single family dwelling or a duplex, a development plan must be
submitted to the Planning Commission for review and approval. A development that is less
than one half (1/2) acre in size, will be considered as a non-large scale development and
must be reviewed and approved by the Mayor or authorized representative. The Mayor or
authorized representative may require development plans to be submitted to the city
planning commission where there are significant problems with storm drainage, traffic,
pedestrian circulation, utility access, construction methods, impact on adjacent property or
other factors.
Pre-application: The developer is encouraged to consult with the Mayor or the appointed
representative for assistance before the preparation of the large-scale development plan. At
this time, he/she may request instructions and/or checklists to guide him/her in the
preparation of the plans. This will familiarize the developer with these regulations, the
master street plan, the land use plan, zoning regulations, and other official plans, policies
and public improvements.
A. Submission:
1. Large scale development plan: The developer shall submit to the
Planning Commission or the appointed representative 15 copies of a
large scale development plan and one copy of the preliminary drainage
report (as required by the Drainage Ordinance) before the submission
deadline for technical plat review as established by the City and
published as the schedule of meeting dates and submission deadlines.
2. Non-large scale development plan: The developer shall submit to the
Mayor or appointed representative six copies of a non-large scale
development plan.
3. Approval of the large scale development plan or non-large scale
development plan shall lapse after one year unless construction is ongoing
and work is actively progressing on the installation of the required
improvements.
B. Submission Data:
D Plan requirements: The development plan shall be drawn on
acceptable material and at a scale of no smaller than 1" = 100'
on a maximum sheet size of 24 inches by 36 and contain the
following minimum information.
D Parcel number
D Current Zone
D Copy of a file stamped warranty deed.
IH Name and address of owner, developer, engineer, surveyor and
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person preparing the plat.
D Date, graphic scale, vicinity map, acreage, zoning, and north
arrow.
D Flood zone statement, zoning, surveyor's certification, stamp,
and signature.
D Name, address, and zoning of all adjacent property.
D Location and description of all stakes and monuments.
D Legal description of the property with dimensions and angles
sufficient to locate all lines on the ground. Lots and blocks shall
be identified, boundaries shall be shown by distance and
property shall be located by section, range, and township and
by corporate limits.
D Existing Conditions
D Original topography at five-foot contour intervals where grades
are over ten percent and two-foot contour intervals where
grades are less than ten percent.
D Location and names of existing or platted streets and utility
easements within or abutting the plat.
D Location of all prominent physical features such as buildings,
railroads, parks, creeks, ponds, and public spaces.
D Location and size of utility lines, watercourses, bridges,
culverts, lakes, floodplains and underground installations within
or adjacent to the plat.
D Proposals
D Final drainage plan.
D Location and size of utilities and drainage systems.
D Location and size of any property to be dedicated or reserved
with special conditions for special uses.
IH Supplemental information
D Vicinity map to show the relation of the plat to streets and other
information requested by the planning commission.
D Number of each type of dwelling, total units, floor area per
dwelling unit and total floor area. Floor area of commercial
units divided between their usages.
D Number of parking spaces per usage. Total spaces required.
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Total spaces provided. Rate at which the parking spaces were
calculated for each use. Show typical dimension of parking
space.
D Number of handicapped spaces required. Total handicapped
spaces provided. Show typical dimensions for handicapped
space. Show width of handicapped access area. Show location
of handicapped parking signs.
D Location and size of loading area.
n Show location and details of all handicapped ramps.
D Type of surface of all areas.
D Set back lines. Distance from property lines to paving, curbs,
buildings, etc.
D Location of landscaped areas and irrigation.
D Driveway widths, radius, and distance from other property lines
and street intersection. Detail of modified curb.
D Sidewalk location and details including slope.
D Location of existing and proposed streetlights.
D Dumpster location.
G Digital copy.
HI Plans of street and utility lines with profiles.
C. Technical plat review:
1. Large scale development plan: The developer or his representative shall
meet with the technical plat review committee at the appointed time to
discuss the submitted plat and to answer questions concerning said plan,
grading, utilities/services, and drainage report. The developer shall
address all comments of the technical plat review committee and
resubmit the plan, grading, and drainage report (if required) by the time
of the above-mentioned schedule of meeting dates and submission
deadlines. The resubmittal shall contain 10 copies of the plans, one
digital copy, and a written response to all comments of the technical plat
review committee. Submission of all these items shall constitute a formal
filing of a large scale development plan with the city.
2. Non-large scale development plan: No submittal is required unless so
stipulated by the Mayor or designated representative as indicated above.
D. Planning commission:
1. Large scale development plan: Within 60 days after acceptance for
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review of the large-scale development plan, the planning commission
shall conduct a public meeting to review said plan. The developer shall
be responsible for providing notice to all adjacent property owners of the
project by certified mail, return receipt requested, to the last known
address of all such record owner(s) as certified by a licensed abstractor or
licensed land surveyor within the past 60 days. The developer or his/her
representative, who has been designated in writing and who has full
authority to make decisions in the developer's absence, shall be present to
address all questions by the planning commissioners. Failure to appear at
the planning commission meeting may result in the plan being tabled.
The planning commission shall approve, approve with conditions,
disapprove, or table the large-scale development plan. If the large-scale
development plan is tabled, it will be placed on the agenda of the next
planning commission meeting.
2. If the developer desires to develop only a portion of the total area
intended for development, the planning commission shall require largescale
development plan approval for the entire area to insure that the
purpose and intent of these regulations are compiled with. Each phase
shall be clearly defined on the large scale development plan.
3. The approval of the large scale development plan shall lapse after one
year unless construction is on-going and work is actively progressing on
the installation of the required improvements.
4. Non-large scale development plan: No submittal is required unless so
stipulated by the Mayor or designated representative as indicated above.
E. Plans and specifications:
Large scale development plan: After the approval of the large scale
development plan by the planning commission but before improvements
are started, the developer shall submit engineering plans, a final drainage
report, and specifications for the streets, grading, and storm drainage
improvements including, but not limited to, profiles, specifications, and
cross-sections along with grading and storm drainage plans and
computations, pursuant to and in compliance with other applicable
ordinances, to the City Engineer for review and written approval prior to
commencement of improvements. No work shall begin without prior
approval of the City Engineer.
Non-large scale development plan: After the approval of the non-large
scale development plan by the planning commission, if required, but
before improvements are started, the developer shall submit engineering
plans, a final drainage report (if required), and specifications for the
streets, grading, and storm drainage improvements including, but not
limited to, profiles, specifications, and cross-sections along with grading
and storm drainage plans and computations, pursuant to and in
compliance with these requirements to the City Engineer for review and
written approval prior to commencement of improvements. No work
shall begin without prior approval of the City Engineer
1. All streets shall be dedicated to the City and constructed in
conformance with the master street plan with right-of-way
dedicated when such right-of-way is needed to conform to the
master street plan.
2. All utility easements shall be dedicated to the City as required
by utility companies.
3. All parking and landscaping requirements to be provided in
accordance with the City standards.
F. Fees:
When the developer submits a large scale development plan to the City,
he/she shall remit a fee of $ 500.00.
G. Appeal:
Any decision of the Engineer retained for technical counsel, may be
appealed to the Planning Commission by the Developer provided the
Developer does so by filing his or her written appeal notice with the
Recorder/Treasurer within thirty' (30) days of the decision from the Engineer.
Any decision of the Planning Commission, with the exception of a variance
decision under sub-part I. of this Section, may be appealed by the Developer
to the City Council provided the Developer does so by filing his or her
written appeal notice with the Mayor's office within thirty (30) days of the
decision of the Planning Commission.
H. Approved Project Plan term:
The approval of a Project Plan shall be effective for an original terra of six
(6) months from its date of approval. Thereafter, if construction of the
improvements or any portion thereof has not been completed, the approval of
the Project Plan shall lapse. Provided, however, the Developer may obtain an
extension of approval of the Project Plan for successive six (6) months terms
upon written request to the Planning Commission stating good cause therefor
and certifying that no change has occurred which would materially affect the
Project Plan.
I. Variance:
Upon application by a Developer, for good cause, the Board of Adjustment
shall have authority to vary the requirements of this Ordinance.
J. Enforcement:
1. No Building Permit shall be issued until the Project Plan has been
approved and the required improvements are constructed and
certified.
2. The City Engineer may authorize adjustments in the approved Plan
during construction provided the adjustments conform to the purpose
and intent of the Project Plan.
K. Penalty:
It shall be unlawful for any person, firm, or corporation to alter or tamper
with an approved public or private drainage system or detention basin or
dispose of trash or debris or other construction material into a private or
public drainage system. Any person, firm or corporation violating this
ordinance shall be subject to imprisonment not to exceed thirty (30) days or
a fine not to exceed $500.00 or both. Each day will be considered a separate
violation.
Section 4: Conflicts:
Where the provisions stipulated herein conflict, the most stringent provision shall govern,
except as may otherwise be provided herein. In the event the provisions of this Ordiance are
determined to conflict with the provision of other Ordinances of the City of Johnson, the
more stringent provision shall govern.
Section 5: Emergency Clause:
This Ordinance is necessary to preserve the public peace, health, safety and welfare, and
because of such an emergency is hereby declared to exist and this ordinance shall be in full
force and effect from the date of its passage and approval.
PASSED THIS 14th DAY OF August, 2007.
APPROVED:
Lonnie Barron: Mayor
Attest:
Jennifer Allen: Recorder/Treasurer