Senate committee advances Hester bill limiting local design rules, citing affordability

Senator Charles Hester advanced legislation aimed at restricting municipal design standards on residential development, and the Senate City, County & Local Affairs Committee approved the measure on a 4-3 roll-call vote.

Hester said the bill preserves a statewide baseline for design rules and ‘‘doesn’t affect city’s ability to zone’’ or set setbacks, but prevents cities from imposing architectural or material requirements he said increase housing costs. ‘‘All this says is, that, the city can’t tell you ultimately if you can use vinyl or brick,’’ Hester said, adding the measure ‘‘protects the lower income earners’’ and supports workforce housing.

Opponents, led by Mark Hayes of the Arkansas Municipal League, argued the bill infringes on local control and removes tools cities use for redevelopment and neighborhood character. ‘‘We stand against the bill based on the local control issue,’’ Hayes told the committee, emphasizing municipalities’ due-process procedures and training for local officials. James Walden, Conway’s planning director, warned the bill could remove a city’s ability to negotiate plan unit developments (PUDs) and other voluntary agreements that allow higher-density or mixed housing in exchange for design conditions.

Supporters framed the bill as protecting property rights and affordability. Paul Calvert of Faulkner County said cities are treating landowners ‘‘like tenants on their own land’’ and that design mandates can block lower-cost rental options. Mayor Joe Smith of North Little Rock, testifying briefly, said overlay districts and local standards are sometimes used as economic-development tools but that the sponsor’s office had exempted overlays in the bill text.

After brief additional discussion, the committee moved a do-pass motion. A roll call recorded recorded votes of Senators Clark, Hendren, Flippo and Rice in favor and Senators Flowers, Ingram and Leding opposed; the chair announced the bill had passed the committee by a 4-3 margin.

The bill will proceed to the next legislative stage; committee members said they expect follow-up debate and possible amendments in subsequent committee or floor consideration.