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DECEMBER 16, 2004

 

ITEM NO.:      F                                                                                                                         

 

SUBJECT:                             Proposed Amendment to Section 36-556.(b) of Chapter 36 of the Code of Ordinances to add Kanis Road, Stagecoach Road and portions of Colonel Glenn Road and Financial Center/Chenal Parkway to the list of scenic corridors.

                                               

REQUEST:                            That the Planning Commission receives comments from interested parties and the Plans Committee and vote on a recommendation to the Board of Directors.

                                                 

 

Public Notice:

 

Notice of the proposed Ordinance Amendment and of the Commission hearing was sent to the following:

 

Billboard Companies

 

Lamar Outdoor Advertising

Arkansas Sign and Neon

Cuerdon Sign

Cynthia Neal, 361 LLC

Custom Outdoors Advertising

 

Affected Neighborhood Associations

 

John Barrow

Westwood

Tall Timber

Pecan Lake

Stagecoach-Dodd

Crystal Valley

Otter Creek

SWLR United for Progress

   

 

PLANS COMMITTEE:                                                          (MAY 26, 2004)

 

Staff presented the item.  There was little discussion.  The consensus was that the proposed amendment was a positive change.  The Committee forwarded the item to the full Commission.  

 

STAFF REPORT:

 

On April 5, 1983, the Board of Directors passed Ordinance No. 14,430 which designated I-430, I-630, I-440, Highway 10 and Rebsamen Park Road as scenic corridors for the purposes of billboard regulation.

 

On July 7, 1992, Ordinance No. 16,244 was passed which established additional criteria for billboards and added Chenal Parkway from Kanis Road to Arkansas State Highway 300 to the list of scenic corridors.

 

A scenic corridor is defined by Section 36-530. of the Code of Ordinances of the City of Little Rock, Arkansas as “a public right-of-way which, in the opinion of the board of directors, exhibits special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation.  Section 36-556.(b) of the Code states:

 

“No billboard may be altered or erected within six hundred sixty (660) feet of the nearest edge of the right-of-way of the scenic corridors.”

 

Recently, development has started to increase in the general area along Stagecoach Road and Colonel Glenn Road, west of the Stagecoach/Colonel Glenn split.  In conjunction with the increase in development, several permits have been issued for new billboards on those corridors.  In response to concerns raised by citizens about the possible proliferation of billboards in those areas, staff is proposing adding those two streets to the list of scenic corridors.  Any existing billboards along Stagecoach Road and Colonel Glenn Road, west of the Stagecoach/Colonel Glenn split will become nonconforming and no new permits will be issued.

 

Staff believes the two roads in question meet the definition of “scenic corridor” and it is appropriate to add them to the designated scenic corridors.

 

 

STAFF RECOMMENDATION:

 

Staff recommends approval of the proposed ordinance amendment.

      

 

PLANNING COMMISSION ACTION:                                  (JUNE  17, 2004)

 

Staff presented the item and requested that action be deferred to the July 29, 2004 meeting.  There was no additional discussion.

 

The item was placed on the Consent Agenda and deferred to the July 29, 2004 meeting.  The vote was 9 ayes, 0 noes and 2 absent.

PLANNING COMMISSION ACTION:                                  (JULY 29, 2004)

 

Staff presented the item and requested that the item be deferred to the September 9, 2004 meeting to allow further study.  There was no further discussion.

 

The item was placed on the Consent Agenda and approved for deferral to the September 9, 2004 meeting.  The vote was 10 ayes, 0 noes and 1 absent.  

 

STAFF UPDATE:

 

After further consideration and review of the issue, staff has determined that it is appropriate to add two additional streets to the list of designated scenic corridors, in addition to the previously suggested Colonel Glenn Road and Stagecoach Road.  Staff believes it is appropriate to add Kanis Road, from 12th Street to the western boundary of the planning boundary, and Financial Center/Chenal Parkway, from Shackleford Road to Kanis Road.  In staff’s opinion, Kanis Road clearly meets the definition of a scenic corridor.  Much of the Kanis Corridor is still undeveloped and rural in nature.  The new developments that have occurred along the corridor have been constructed with the newer landscape and buffer provisions.  Staff also believes it is appropriate to “fill in the gap” along the I-630/Chenal Parkway corridor by adding that portion of the Financial Center/Chenal Parkway corridor between Shackleford Road and Kanis Road.  Again, the development that has occurred in that area has been built with the newer landscape and buffer provisions.  Portions of the Parkway are bordered by parks and park-like settings.

 

Notice of the currently proposed Ordinance Amendment and of the September 9, 2004 Commission hearing was sent to the following:

 

Billboard Companies

 

Lamar Outdoor Advertising

Arkansas Sign and Neon

Cuerdon Sign

Cynthia Neal 361, LLC

Custom Outdoors Advertising 

 

Affected Neighborhood Associations

 

John Barrow

Westwood

Tall Timber

Pecan Lake

Stagecoach-Dodd

Crystal Valley

Otter Creek

SWLR United for Progress

Birchwood

Gibralter Heights-Pointe West-Timber Ridge

Leander

Parkway Place

St. Charles

Twin Lakes

 

Staff subsequently met with a representative of the billboard industry.  The industry has proposed segmenting the scenic corridors and removing the 660 foot prohibition in some areas.  The proposal submitted by the industry is as follows:

 

PROPOSED SEGMENTED AREAS AND 660’ ZONE REMOVAL

 

(SEGMENTATIONS)

 

 

Area 1

Colonel Glenn 600’ E/O Shackleford to 600’ W/O David O’Dodd. 

(Three units placed in this zone (1) 14’ X 48’ and (2) 12’ X 24’s)

 

Area 2

Kanis Road from I-430 to 2500’ W/O Bowman Road. 

(Two unites placed in this zone (1) 14 X 48’ and (1) 12’ X 24’)

 

Area 3

Highway 10 from I-430 to 600’ W/O Taylor Loop. 

(Three units placed in this zone (3) 12’ X 24’s)

 

Area 4

I-430 from the Markham overpass to 600’ north of Rodney Parham Road.

(Two units placed in this area (2) 14’ X 48’s)

 

Area 5

Chenal 600’ E/O Bowman to the intersection of Markham. 

(Two units to be placed in this area, either 12’ X 24’ or 14’ X 48’)

 

 

    

(660’ ZONE REMOVALS)

 

                 

Area 1

Remove the 660’ zone exclusion from the I-630 and Rodney Parham intersection.  (Two units placed in this area (1) 12’ X 24’ and (1) 14’ X 48’)

 

Area 2

Remove the 660’ zone exclusion from the I-30 and 440 intersection. 

(One unit placed in this area (1) 14’ X 48’)

 

Area 3

Remove the 660’ zone exclusion from I-630 and 430 intersection.  (One unit to be placed in this area, either 14’ X 48’ or 12’ X 24’)

 

Area 4

Remove the 660’ zone exclusion from the Chenal and Bowman intersection.  (Two units to be placed in this area.  (1) 12’ X 24’ and (1) 14’ X 48’)

 

Area 5

Remove the 660’ zone exclusion from I-30 and 430 intersection.

(Two units to be placed in this area.  (2) 14’ X 48’s)

 

Note:

Number of permits used under this proposal totals 20.  Remaining 3 permits shall be placed in C-4, I-1 or I-2 zoning.

 

 

 

Other Suggested Changes:  Any interstate location shall be built at a height no more than 50’, 12’ X 24’ poster sign can be built in C-2 as well as C-3 and Industrial, and no billboard shall be placed within 1,000’ of any residential subdivision entrance.  Any nonconforming wood pole sign may be upgraded to a single pole sign as long as the upgrade does not exceed 250 square feet (small poster sign).

 

 

 

The issue is scheduled to be discussed at the September 1, 2004 Plans Committee meeting.  The Plans Committee report and staff recommendation will be presented at the September 9, 2004 Commission meeting.     

 

PLANNING COMMISSION ACTION:                                  (SEPTEMBER 9, 2004)

 

Staff presented the item and recommended that it be deferred to the October 21, 2004 Commission meeting to allow time for further study.  There was no additional discussion.

 

The item was placed on the Consent Agenda and approved for deferral to the October 21, 2004 meeting.  The vote was 7 ayes, 0 noes and 4 absent.

 

STAFF UPDATE:

 

On September 14, 2004, the Board of Directors passed Resolution No. 11824 establishing a one hundred twenty (120) day moratorium on the issuance of billboard permits along the specific streets which are under consideration for inclusion in the list of designated scenic corridors.

 

On October 7, 2004, the scenic corridor proposal was presented at the meeting of the City Beautiful Commission.  Staff presented the proposal to add the four (4) new scenic corridors and answered questions from the Commission.

 

Thomas Gibbens, of Lamar Outdoor Advertising, presented a proposal to place a limited number of billboards in specific sites along the proposed new scenic corridors and the existing scenic corridors.

 

Staff voiced concern about the concept of segmenting the scenic corridors.  Pete Rausch, the City’s Urban Forester, also voiced those same concerns.  Nancy Clark, of the League of Women voters, stated the League had supported the scenic corridor concept for 25 years and supported the addition of the proposed new scenic corridors.

 

Troy Laha, CBC member, presented a resolution stating the CBC favored the segmentation proposal for the proposed new scenic corridors.  The motion failed by a vote of 3 ayes and 4 noes.

 

Mr. Laha also presented a resolution stating the CBC found the moratorium to be inappropriate and the Commission supported continued dialogue between the City and the billboard industry.  That motion also failed by a vote of 3 ayes and 4 noes.

 

Staff informed the Commission that there would be a meeting with representatives of the billboard industry on October 13, 2004.  The CBC was asked to provide comment on the proposed Ordinance Amendment by that date or, if that was not possible, by the October 21, 2004 Planning Commission meeting.

    

 

PLANNING COMMISSION ACTION:                                  (OCTOBER 21, 2004)

 

Staff recommended to the Commission that the proposed ordinance amendment be deferred to the December 16, 2004 Agenda.

 

The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda.  A motion to that effect was made.  The motion passed by a vote of 9 ayes, 0 nays and 2 absent.  The proposed ordinance amendment was deferred.

 

 

STAFF UPDATE:

 

Staff met with representatives of the billboard industry on October 27, 2004 where a revised segmentation plan was discussed.  The revised segmentation plan submitted by the billboard industry is as follows:

 

 

 

Area #1

Beginning 300’ south of Chenal Parkway to the intersection of Pride Valley Road.  (Kanis Road)

 

Area #2

From the beginning of Chenal Parkway to the intersection of Markham Street.  In addition, 660’ both north and south from the Chenal Parkway intersect along Bowman Road.  (Chenal Parkway)

 

*NOTE:

Three outdoor bus bench ads have recently been placed along Financial Center and Chenal Parkway.

 

Area #3

1000’ both east and west from the Kanis Road and Bowman Road intersection.  In addition, 660’ both north and south along Bowman. 
(Kanis Road and Bowman Road)

 

Area #4

From the beginning of Kanis to 100’ west of Leander Street. 
(Kanis Road)

 

Area #5

Beginning on Colonel Glenn Road 660’ west of I-430 to the intersection of Lawson Road.  In addition, 660’ north and south along Bowman Road and David O Dodd Road.  (Colonel Glenn and Bowman Road)

 

Area #6

Beginning on Colonel Glenn Road 660’ east of I-430 running eastbound 1000’ east of Shackleford.  (Colonel Glenn Road)

 

Lamar shall place nine of its remaining eighteen permits in the six proposed Segments.

 

*NOTE:

Lamar proposes any sign placed upon Chenal shall not exceed dimensions of 10’6” x 22’8” and shall not exceed a height of more than fifteen feet and shall be ground-mounted.  (Monument style)

 

 


 

Under the segmentation plan, the proposal to add to the scenic corridors would go forward as proposed by staff.  Billboards would be permitted in the specifically designated segments.  The segmentation plan is for only the newly designated scenic corridors.  No changes are proposed to the existing scenic corridors.

 

Staff will support some aspects of the segmentation proposal.  Staff’s response to each proposed segment is as follows:

 

 

Area #1

Along Kanis Road, beginning 660 feet south of Chenal Parkway to Pride Valley Road.  Signs in this area must not exceed 10’6” by 22’8” in area, must not exceed a height of 15’ and must be constructed in monument style, not pole-mounted.

 

Area #2

Staff does not support this segment.

 

Area #3

Along Kanis Road, 1,000 feet both east and west of Bowman Road; and along Bowman Road, both 660 feet north and south of Kanis Road.

 

Area #4

Along Kanis Road, from Rodney Parham Road to 100 feet west of Leander Street.

 

Area #5

Along Colonel Glenn Road, beginning 660 feet west of I-430 to Lawson Road; and along Bowman Road and David O Dodd Road, both 660 feet north and south of Colonel Glenn Road.

 

Area #6

Along Colonel Glenn Road, beginning 660 feet east of I-430 to 1,000 feet east of Shackleford Road.  Signs in this area must not exceed 10’6” by 22’8” in area, must not exceed a height of 15’ and must be constructed in monument style, not pole-mounted.

 

 

 

Under either segmentation proposal, placement of the signs will comply with ordinance standards regarding setbacks, zoning, etc.

 

The segmentation plan was presented and discussed at the November 4, 2004 meeting of the City Beautiful Commission.  After the discussion, two motions were made.  The first motion was to support the 660 foot setback from scenic corridors.  That motion was approved by a vote of 6 ayes, 0 noes, 2 absent and 1 abstaining (Hicks).  The second motion was to approve reducing the setback from Chenal Parkway along Bowman Road from 660 feet to 300 feet.  That motion failed by a vote of 2 ayes, 4 noes, 2 absent and 1 abstaining (Hicks).

 

The segmentation plan was then presented and discussed at the November 10, 2004 meeting of the Planning Commission Plans Committee.  The Committee member present stated he supported staff’s recommendation, with one exception.  He stated he supported reducing the setback from Chenal Parkway along Bowman Road to 300 feet and requiring signs in that segment to be the monument style signs.

 

 

STAFF RECOMMENDATION:

 

Staff recommends that the following public rights-of-way be designated scenic corridors and added to the list of currently designated scenic corridors:

 

 

Staff also recommends that the following segments be listed as exceptions to allow for placement of billboards:

 

 

  


 

                                          ORDINANCE NO.                      

 

  

AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY 
OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE ADDITION OF STAGECOACH 
ROAD, KANIS ROAD AND A PORTION OF COLONEL GLENN ROAD AND CHENAL PARKWAY–FINANCIAL CENTER PARKWAY TO THE LIST OF DESIGNATED SCENIC CORRIDORS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.

  

 

            WHEREAS, a scenic corridor is defined by Section 36-530. of the Code of Ordinances of the City of Little Rock, Arkansas as “a public right-of-way which, in the opinion of the board of directors, exhibits special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation; and

 

            WHEREAS, Section 36-556.(b) of the Code of Ordinances of the City of Little Rock, Arkansas currently designates I-430, I-630, I-440, Highway 10, Rebsamen Park Road and Chenal Parkway from Kanis Road to Arkansas State Highway 300 as scenic corridors; and

 

            WHEREAS, it has been determined by the Planning Commission and the Board of Directors of the City of Little Rock, Arkansas that Kanis Road from West 12th Street to the western boundary of the planning boundary, Chenal Parkway–Financial Center Parkway from Shackleford Road to Kanis Road, Stagecoach Road and Colonel Glenn Road from Stagecoach Road to the western boundary of the City’s planning boundary exhibit special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS.

 

            SECTION 1.  That Chapter 36., Section 36-556.(b) of the Code of Ordinances of the City of Little Rock, Arkansas be amended to provide for the addition of new text and to then read as follows:

 

 

(b)        I-430, I-630, I-440, Highway 10, Rebsamen Park Road, Chenal Parkway–Financial Center Parkway from Shackleford Road to State Highway 300, Kanis Road from West 12th Street to the western boundary of the planning boundary, Stagecoach Road and Colonel Glenn Road from Stagecoach Road to the western boundary of the planning boundary are designated as scenic corridors for the purposes of this article.  No billboard may be altered or erected within six hundred sixty (660) feet of the nearest edge of the right-of-way of the scenic corridors, except on properly zoned properties within the following specifically designated segments of the scenic corridors:

 

(1)  Along Kanis Road, beginning six hundred sixty (660) feet south of Chenal Parkway to Pride Valley Road.  Billboards in this area must not exceed ten feet six inches by twenty-two feet eight inches (10’6” x 22’8”) in area, must not exceed a height of fifteen (15) feet and must be constructed in monument style, not pole-mounted.

 

(2)  Along Kanis Road, one thousand (1000) feet both east and west of Bowman Road; and along Bowman Road, six hundred sixty (660) feet both north and south of Kanis Road.

 

(3)  Along Kanis Road, from Rodney Parham Road to one hundred (100) feet west of Leander Street.

 

(4)  Along Colonel Glenn Road, beginning six hundred sixty (660) feet west of I-430 to Lawson Road; and along Bowman Road and David O Dodd Road, six hundred sixty (660) feet both north and south of Colonel Glenn Road.

 

(5)  Along Colonel Glenn Road, beginning six hundred sixty (660) feet east of I-430 to one thousand (1000) feet east of Shackleford Road.  Billboards in this area must not exceed ten feet six inches by twenty-two feet eight inches (10’6” X 22’8”) in area, must not exceed a height of fifteen (15) feet and must be constructed in monument style, not pole-mounted.

 

            SECTION 2.  Severability.  In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions
of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance.

 

            SECTION 3.  Repealer.  All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.

 

            SECTION 4.  Emergency Clause.  Whereas, it has been determined that it is necessary that the proposed amendment become effective immediately to protect the special aesthetic and visual characteristics of Stagecoach Road, Kanis Road, Chenal Parkway-Financial Center Parkway and the designated portion of Colonel Glenn Road; an emergency is hereby declared and this Ordinance shall take effect immediately upon its passage.

 

 

 

PASSED:_____________________

 

 

 

ATTEST:                                                                     APPROVED:

 

 

 

_____________________________                          _____________________________

City Clerk                                                                    Mayor