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0638 IO~ ORDINANCE NO. 6 3 8 AN ORDINANCE REGULATING NON-RESIDENTIAL SUBDIVISIONS WITHIN THE CITY OF JACKSONVILLE, ADDING CHAPTER 17.44 TO THE MUNICIPAL CODE OF JACKSONVILLE, AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. There is hereby added to the Municipal Code of Jacksonville, Arkansas, Chapter 17.44, which reads as follows: CHAPTER 17.44 NON-RESIDENTIAL SUBDIVISIONS Sections: 17.44.010 17.44.020 17.44.030 17.44.040 17.44.050 17.44.060 17.44.070 General Right-of-Way and Pavement Width & Thickness Street Design Industrial Commercial Provisions of Open Drainage Internal Circulation 17.44.010 General In addition to the principles and standards in these reg- ulations, which are appropriate to the planning of all sub- divisions, the applicant shall demonstrate to the satisfaction of the Planning Commission that the street, parcel and block pattern of all proposed non-residential sub~ivisions are adapted to the uses anticipated and that the prospective physical impact on adjacent areas has been taken into account. The following general principles and standards shall be observed: 1. Commercial/office subdivisions abutting residential subdivisions or areas zoned for residential use shall protect such areas from potential nuisance by pro- viding a minimum forty-foot buffer strip or a fence not less than six feet in height with a buffer of twenty-five feet. Where possible, existing plant materials within the buffer strip shall be maintained. If not possible, suitable landscaping including trees, ground cover and other plant material natural to the area shall be provided. No building or outside stor- age shall be constructed in the buffer area. Parking areas will be allowed in the last twent,y feet of the buffer area. The six-foot fence shall be of wood, masonry, or metal construction and shall extend along the entire property line abutting the residential areas as specified above. 2. Industrial subdivisions abutting residential subdivi- sions or areas zoned for residential use shall protect such areas from potential nuisance by providing a minimum fifty-foot buffer strip and a fence not less than six feet in height. Where possible, existing plant materials within the buffer strip shall be maintained. If not possible, suitable landscaping including trees, ground cover and other plant material natural to the area shall be provided. No building or outside storage shall be constructed in the buffer area. No parking areas will be allowed in the first thirty feet of the buffer area. The six-foot fence shall be of wood, masonry, or metal construction and shall extend along the entire property line abutting the residential areas as specified above. JOfF ORDINANCE NO. 6 3 8 Page Two 3. The Planning Commission shall require the subdivider to file a proposed subdivision phasing plan providing for continuity of development and individual phases of reasonable proportions. Single lot final plats and plats which create discontinuity within the dev- elopment may be prohibited by the Planning Commission. 4. The Planning Commission may at its option, impose special requirements with respect to public utilities, streets, gutters, and sidewalk design and construction to ensure compliance with the purpose and intent of these regulations. 17.44.020 Right-of-Way and Pavement Width & Thickness Perimeter streets abutting a proposed commercial subdivi- sion shall be developed in accordance with the Master Street Plan. Where an internalized system of public streets or pri- vate service easements is proposed for commercial subdivision, the following design standards shall be observed: MIN. MIN. R.O.W. PAVING PAVEMENT BASE STREET TYPE Width WIDTH SIDEWALKS THICKNESS THICKNESS Commercial Street 60 ft. 40 ft. Both sides 2" 8" Minor Commercial Street 50 ft. 27 ft. Both sides 2" 6" (A cul-de-sac not more than 300 ft. long) Alley (when required) 20 ft. 17 ft. NA 2" 6" Industrial Streets 60 ft. 36 ft. 3" 10" Cul-de-sac Turnaround 130 ft. 100 ft. Diameter Diameter see above However no developer will be required to pave more than forty feet or reserve more than one hundred feet of right-of-way. 17.44.030 Street Design In general non-residential subdivisions shall conform to requirements of the Master Street Plan. The following street design standards shall be required for non-residential subdivisions. l. Street Grades - The maximum allowable grade shall be nine percent on all streets within the subdivision or on a boundary street of a subdivision where there are lots having access from the boundary street. 2. Intersections - The property line radius at street or alley intersections shall be a minimum of fifty feet for industrial and thirty feet for commercial, and if the angle of street or alley intersections is less than ninety degrees, the Planning Commission may re- quire a greater radius. 3. Curb Line - Street or alley intersections shall have at least thirty-foot radius on commercial property. Where the angle of street or alley intersections is less than ninety degrees, the Planning Commission may require both a greater radius, and intersection design sufficient to accommodate turning movements of WB-SO vehicles. IDS ORDINANCE NO. 6 3 8 Page Three 17.44.040 Industrial Building Lines and Lot Coverage - Building lines and set- back lines shall be a minimum of twenty-five feet from all in- dustrial streets, property lines, and a minimum of seventy feet from all arterial street property lines. The building lines shall be a minimum of twenty feet from all other property lines. One half of any adjacent permanent open space or easement re- tained by grantor for utility or other purposes or dedicated to the public shall be allowed as part of the required twenty feet building line requirements except that, in no case shall the total separation between buildings on adjacent tracts or lots be less than fifty feet. Building coverage shall not exceed fifty percent of the lot area. 17.44.050 Commercial Platted Building Line - Front yard building lines for commercial lots shall be at least thirty feet from the street right-of-way to ensure adequate space for landscaping, off- street parking, loading facilities, and internal vehicular movement. Where a landscaped green area is substituted for parking and vehicular movement area between the building line and the street right-of-way,.., ~ A twenty feet front yard setback may be approved by the Planning Commission. Approval of the twenty feet commercial building line shall be permitted on all lots fronting on streets as defined in this ordinance and shall be contingent upon submission of both a site plan dimensioning the landscaped area and a Bill of Assurance pro- hibiting use of the yard area for parking. Such landscaped areas may be traversed by not more than two driveways provid- ing access to the sides and rear of the lot. Side yards for commercial property abutting other commercial property shall be fifteen feet. 17.44.060 Provisions of Open Drainage The following improvements and requirements are alterna- tives ln lieu of curb and gutter and underground drainage: 1. Pavement width for minor streets shall be a minimum of twenty-eight feet with six-foot paved shoulders. These shoulders shall be designed to meet at least seventy-five percent of the design requirements for the pavement. A double surface treatment may be used for these shoulders. 2. Open drainage ditches will be permitted at street rights-of-way or easements, provided they meet the following requirements: a. The side slopes shall commence a minimum of four feet from the edge of the paved shoulders. b. The side slope for both slopes of an earthen ditch shall be at a three to one or lesser slope. For concrete,lined or ditches with riprap, a two to one slope is permissible with the approval of the Engineering Department. c. The maximum high water ditch elevation shall be a minimum of six inches below the bottom of the base of the paved shoulder. d. Street shoulder, right-of-way width shall be a 10'1 ORDINANCE NO. 6 3 8 Page Four - - - - - ~ - - - ~ - - - - - - - - - - - ~ - - - - - - - - - - ~ - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - minimum of ten feet beyond the top of the back slope requirements. e. Concrete head walls riprap and/or flume type structures as required by the Engineering Depart- ment shall be required for all underground facilities. f. Bill of Assurance will require the adjoining property owners to mow and maintain the right-of- way and/or drainage easements adjacent to his property. Upon proper notice, if the property owner does not comply with the notice, the area may be mowed by the City, and the property owner billed as per the procedure on vacant lots within the City. g. All required drainage ditches shall be designed for appropriate erosion control (such as sodding, ditch checks, riprap, ditch paving, or other ac- cepted engineering practices). h. In case 'of open drainage within the street right- of-way the widths shown on part B shall be in- creased by a minimum of six feet. 17.44.070 Internal Circulation Where any commercia'l subdivision has in excess of three hun- dred feet of frontage on an arterial street, special provisions for internal circulation shall be required to ensure proper'.in- with egress. Alternative design solutions which may be required by the Planning Commission depending upon the circumstances unique to each situation include provision of public commercial streets, service easements, curb cuts, or some combination thereof. Service Easements - Where a non-residential subdivision re- quires the creation of an internalized circulation system to provide acc es s - to mul tipl e lo ts and bui lding cttj'es, the Planning Commission may at its option, authorize the use of a service easement in lieu of public commercial streets. Re- quests for such variance shall be submitted in writing by the subdivider when the plat is submi t ted 'for prel iminary ap- proval and shall present justification for such action. Pri- vate service easements shall be built to public street staft~. dards except where, in the opinion of the staff and the Plan- ning Commission, a reduced p~vement width is deemed suffi- cient to ensure safe and convenient access to the lots and otherwise fully complies in all respects with the purpose and intent of this ordinance. Design of service easements shall be subject to the review and approval of the City Engineer. SECTION 2. Severability If any subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional _ by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more subsections, clauses, sentences, phrases or portions be declared invalid or unconstitutional. I{ () ORDINANCE NO. 6 3 8 Page Five SECTION 3. All ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. APPROVED AND ADOPTED THIS 18 DAY OF June , 1981. CITY OF JACKSONVILLE, ARKANSAS ~~~ ATTEST: . ..tI-JIAu~ APPROVED AS TO FORM: CITY ATrrORNEY (flIfr.J:{GE]:\JCY CIAUSE NOT .I:!J:.~'tC'l~U. ORDINANCE ~'lr~~CTIVE 18TH DAY Ul:' JULY, 1981)