ORD NO 09-2008 CITY OF VAN BUREN, ARKANSAS
0 ORDINANCE NO. -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 07 -1963 TO
ESTABLISH "CONDOMINIUM" (R -3B) RESIDENTIAL
ZONING DISTRICTS IN THE CITY OF VAN BUREN,
ARKANSAS, DECLARING AN EMERGENCY, AND FOR
OTHER PURPOSES.
WI- IEREAS, it has been determined by the City Council that there is an immediate need for a
zoning district in the city of Van Buren which allows for the planning, construction
and transfer of Condominium developments; and
WHEREAS, notice of a Public Hearing was duly published, and a Public hearing was conducted
by the Van Buren Planning Commission: and
WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were
recommended by a majority vote of the entire Planning Commission;
0 NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Article III, Section 1, of Ordinance No. 07 -1963 (Van Buren Municipal Code
04.04.01) is amended as follows:
Section 1. Classification of Districts. For the purpose
of this Ordinance, Van Buren. Arkansas, has thirteen
(13) zoning districts designated as follows:
R -1 Single Family Residential District
R -1B Townhouse /Zero Lot Line Residential District
R -2 Two family Residential District
R -3 Multi- family Residential District
R -3B Condominium District
R -4 Mobile Home District (Ord. 5 -1972)
R -5 Single Family and Manufactured Home Residential District
(Ord. 9 -2003)
C -1 Central Commercial District
C -2 Thoroughfare Commercial District
I -1 Light Industrial District
I -2 Heavy Industrial District
1 -2 Heavy Industrial District
0 G -1 Government and Public Use Zone (Ord. 13 -1974)
0-1 Open Area Zone (Ord. 12 -1975)
SECTION 2: That Article V of Ord. No. 7 -1963 (Van Buren Municipal Code 04.04.01) shall be
amended to add Section 3 -13, which new section shall read as follows:
"SECTION 4. R -3B CONDOMINIUM DISTRICT
The provisions of this zoning classification shall be the same as the provisions
governing Section 3, R -3 Zones, with the following exceptions and /or additional
requirements:
1. Permitted Uses: Condominiums.
2. Definitions:
A. Condominium: A form of ownership in which individuals purchase
and own a unit of housing in a multi -unit complex; the owner also shares
financial responsibility for common areas;
B. Condominium Act: The Arkansas Horizontal Property Act (Ark. Code
Ann. §18 -13 -101 et. seq.);
C. Master Deed: the basic condominium document that must be
registered by the originating property owner prior to the conveyance of the
first unit sold. Also referred to as the condominium declaration, the master
deed thoroughly describes the entire condominium entity, and specifies
essential elements of ownership that permanently govern its operation;
D. All other definitions for terns setforth in the Arkansas Condominium
Act are adopted hereto by reference.
3. INTENT: The intent of this article is to regulate the division and
development of land under the ARKANSAS HORIZONTAL PROPERTY ACT (Ark. Code
Ann. §18-13 -101 et. seq.), so that the development is comparable in quality of design
to property divided and developed by other methods, and conforming to the nature
of the adjacent zoning.
4. REVIEW REQUIREMENTS: In order to ensure compliance with this
ordinance, all condominium developments shall go through the site plan review
process.
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A. In addition to the information otherwise required in the Zoning
0 Ordinance for Van Buren, all applicants for condominium site plan review
shall submit the following documentation:
i. A copy of the proposed condominium master deed that
conforms with Ark. Code Ann. 18 -13 -105;
ii. A copy of the proposed condominium site plan sealed by a
professional engineer registered in the State of Arkansas;
iii. A copy of the proposed condominium by- laws;
iv. A copy of all restrictive covenants; and
v. A project site plan in an electronic format acceptable to the
Planning Department.
B. Preliminary Review: Prior to recording of the Master Deed of the
condominium project each condominium project shall be reviewed by the
Subdivision Review Sub Committee and receive a preliminary condominium
site plan all addressing approval from the Planning Commission.
C. Final Review: Prior to receiving a permit for construction of any
improvements to the land, a condominium project shall be reviewed by the
Planning Commission and receive final condominium site plan 911
addressing approval from the City Council.
D. Required Plan Information: Application for a preliminary
condominium site plan review may be provided to the Planning Department
at least twenty (20) days in advance of a meeting for which a review is
scheduled. The preliminary review will allow a developer to receive a
limited approval for project lot sizes, structure orientations, and street layout
only. The following information must be included on, or attached to a
preliminary condominium project site plan:
i. Ownership Interests: All persons with an ownership interest
in the land on which the condominium project will be located,
including a description of the nature of each entity's interest (for
example, fee owner, option holder, lessee, or land contract vendee);
ii. Density: The total acreage of the condominium site, acreage
set aside for roads, number of condominium units to be developed on
the subject parcel and density computation on a unit per acre basis;
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iii. Street and Sidewalk Plan: The vehicular and pedestrian
circulation system planned for the proposed development, including
the designation of any street(s) as to private ownership or proposed
dedication to the public. Plans must conform to Van Buren
Minimum Street Standards;
iv. Structure Orientation: The proposed layout of structures,
parking areas, open space and recreation/park areas;
v. Drainage: Site drainage showing topography and flow
directions, including computations of flows into storm sewers or
retention and /or detention areas in conformance with Van Buren
Minimum Drainage Standards;
vi. Natural Features: Specific locations and dimensions of
wetland areas, wetland buffers, flood plain, and significant natural
features such as tree stands, unusual slopes, streams and water
drainage areas. Acreage of wetland areas and open space;
vii. Landscaping: Proposed landscape screening, including
greenbelt and berms, and screening walls and a maintenance plan
detailing maintenance responsibilities;
0 viii. Condominium Regulations: All deed restrictions or other
regulations proposed to be included in the condominium documents
in the nature of restrictive covenants which regulate the layout, use
and maintenance of public or common areas, accessory structures,
payment of assessments, and enforcement of condominium
regulations;
ix. Common Areas: Limited common elements, common
elements, unit lots. preservation areas. convertible areas and any other
designated ownership areas must be clearly delineated on the site
plan.
5. GENERAL REQUIREMENTS:
A. Condominium Lot: For all purposes of this section, each
condominium unit shall be considered the equivalent ofa platted lot of record
as defined in this Ordinance and shall comply with all applicable zoning
regulations. The relocation of the boundaries or any other change in the
dimensions ofa condominium unit shall be considered an amendment to the
condominium documents of the project and the related site plan.
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B. Area Computation: Any area within a public or private street
0 right -of -way shall not be included in the computation of the minimum area
of a condominium lot or in determination of dwelling density for a site.
C. Utility Connections: Each condominium unit shall be separately
connected to any available community or public water supply. This
requirement may be waived by the City Council for cause upon
recommendation of the City Engineer.
D. Roads in Condominium Projects: All public or private streets within
a condominium project shall conform to the standards and specifications of
this Ordinance and /or those established by the Van Buren Municipal Code.
6. SITE REGULATIONS:
A. Yard Requirements:
i. Front Yard: Twenty (20) feet from property line or forty -five
(45) feet from centerline of existing right -of -way, whichever is
greater;
ii. Side Yard: There shall be a ten (10) foot minimum setback
and at least twenty (20) feet between adjacent buildings. Corner lots
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shall have a fifteen (15) feet minimum set back. When an end unit of
a condominium does not side on a street, an open space of at least
twenty (20) feet in width shall be provided between any adjacent
structures;
iii. Rear Yard: Twenty -five (25) feet, however, spaces may be
used for open carports.
B. Height and area regulations:
i. Height. The height of primary residential dwellings shall not
exceed two and a half (21/4) stories, or thirty -five (35) feet. For other
uses buildings shall not exceed twenty -five (25) feet in height;
ii. Building area. The living area shall be not less than six
hundred fifty (650) square feet per one (1) bedroom unit and seven
hundred fifty (750) square feet per two (2) bedroom unit;
iii. Density shall not exceed sixteen (16) dwelling units per acre.
C. Construction: Abutting buildings or dwelling units shall comply with
0 current city building codes.
D. Site Plan Requirements:
i. The legal description of the land, showing the land involved
and the location of each building (existing or proposed), each unit and
building unit denoted by letter or number, (i.e., A, B; 1, 2, etc.);
ii. The general description and the number of each unit in the
development intended for individual ownership expressing its square
footage, location and /or any other data necessary for its identification;
iii. The general description of any other area to be subject to
individual ownership and exclusive control, appropriately lettered or
numbered;
iv. The description of the general common elements;
v. The description of the limited common elements;
vi. Any further provisions, matters or covenants necessary.
E. Property Owners Association: The developer shall establish an
appropriate ownership association for the development. Only one association
shall be established for the entire development. The instrument shall be
submitted to the city for review prior to submittal of the final plat. In
establishing such an association regime, a master deed, lease or declaration
declaring such intention and setting forth the organization of such regime
shall be filed at the office of the county clerk. The property owners
declaration shall address the following items:
i. Define what is owned and by whom, including specific
location and parameters of the individual unit and the ownership
interest of the owners or the association in the common elements;
ii. Establish a system of interlocking relationships binding each
owner to all other owners for the purpose of maintaining and
preserving what is owned and used in common;
iii. Establish an array of protective standards or restrictions
designed to place limits and to ensure that a certain level of
appearance is maintained;
iv. Create an administrative vehicle to manage those elements
shared in common and to enforce standards;
v. Provide for the operation and financing of the association.
F. Open space: The total of all open space in any unified development
0 shall be at least twenty -five percent (25 of gross acreage; provided,
however, that the developer may provide less than twenty -five percent (25
open space upon obtaining approval from the Planning Commission by
demonstrating that the character of the amenities incorporated in the
development warrant such decrease. In no case shall the open space
requirement be reduced to less than ten percent (10 of the total land area
of the development. In granting a decrease in open space, the Planning
Commission shall consider such factors as the quality of the open space
provided and the provision of facilities such as tennis courts, swimming
pools, playground equipment and other recreational facilities. Open space
shall include all areas not covered by structures, streets or parking. The open
space must be restricted for the exclusive use of owners within the
development and owned, managed, and maintained under the property
owners' association.
G. Off Street Parking: A minimum of two (2) off street parking spaces
per condominium unit.
H. Places of Public Assembly:
i. Height: Maximum height shall be two stories and not to
exceed thirty -five (35) feet for that portion of the structure used for
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assembly or offices;
ii. Yard Requirements: Minimum of twenty -five (25) feet set
back from all property lines. On property abutting a street,
twenty -five (25) feet from property line or fifty (50) feet from center
of street, whichever is greater;
iii. Parking: Places of public assembly shall provide one (1)
off-street parking space per each six (6) persons accommodated in the
assembly hall.
1. Additional Conditions:
i. Public services and facilities are adequate to serve
condominium development;
ii. Health, safety, and welfare will not be jeopardized as a result
of the proposed development;
iii. Any and all specific conditions deemed necessary by the
Planning Commission to fulfill the above- mentioned conditions shall
0 be met by the applicant.
J. Common wall /lot guidelines: Common walls of unit built subject to
this section shall have no windows, doors, air conditioning units, or any other
type of openings; provided, however, that, atriums or courts shall be
permitted on common boundaries when the court or atrium is enclosed by
three (3) walls of the dwelling unit and a solid wall of at least eight (8) feet
in height is provided thereto. Said wall shall be constructed of the same
material as exterior walls of the unit. In no case shall a condominium
dwelling be built closer than eight (8) feet from the lot line of a lot not
approved for condominium development.
7. CONDOMINIUM DESIGN STANDARDS:
Condominium developments shall comply with all other design standards
contained in other City of Van Buren Ordinances not inconsistent with the
provisions herein.
SECTION 3: The passage and approval of these amendments to the Van Buren Zoning Ordinance
will make the zoning laws of the City more versatile and more responsive to the
needs of the City and its citizens. Therefore. an emergency is declared to exist and
this Ordinance, being necessary for the preservation of the public peace, health and
safety, shall be in full force and take effect immediately upon and after its passage.
SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and 0 against, the foregoing Ordinance at its meeting
held on the 21st day of April 2008.
Robert I Fr
ATTESTED: APPROVED AS TO FORM:
Barbie Curtis, City Clerk/Treasurer N. D ona1'd Jenkins.Jr \C`ty ttorney
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