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142891 RESOLUTION NO. 14,289 2 3 A RESOLUTION TO DECLARE A TWELVE (12) -MONTH 4 MORATORIUM ON MULTI -FAMILY DEVELOPMENTS ALONG 5 BOWMAN ROAD IN ORDER TO DETERMINE TRAFFIC PATTERNS 6 AND THE IMPACT ON EXISTING NEIGHBORHOODS OF CURRENT 7 MULTI -FAMILY DEVELOPMENTS; TO CONSIDER WHETHER 8 MULTI -FAMILY SHOULD BE PART OF THE LAND USE PLAN ON THIS 9 ROAD; AND FOR OTHER PURPOSES. 10 11 WHEREAS, a recent application for a multi -family development on Bowman Road near Brodie Creek 12 has created opposition and concern about the impact of such units on Bowman Road; and, 13 WHEREAS, the addition of any such developments without a careful review of the current Land Use 14 Plan in the area, the traffic patterns in existing by already constructed multi -family developments, or multi - 15 family developments under construction on the date of this resolution, is imprudent; and, 16 WHEREAS, a twelve (12) -month moratorium on any such developments in that area would provide 17 time for such a review; 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 19 OF LITTLE ROCK, ARKANSAS: 20 Section 1. The Board of Directors declares that a moratorium to last twelve (12) months from the date 21 of adoption of this resolution on any multi -family development along Bowman Road -- in order to 22 determine the impact of such development on Bowman Road and other areas, to include the intersections 23 of 36th Street and Bowman Road, 36th Street and Shackleford Road, & Kanis Road and Bowman Road -- is 24 hereby in effect and no such construction shall be approved or permitted to be considered by the Little Rock 25 Planning Commission, or the Little Rock Board of Directors, until such moratorium expires; provided, this 26 moratorium does not apply to any multi -family development for which zoning has been approved by the 27 Planning Commission prior to the effective date of this Resolution, or is damaged after the date of this 28 Resolution and the repair of such damage necessitates appropriate building permits. 29 Section 2. During the period of this moratorium, the City Manager is to direct his staff to study the 30 area covered by this moratorium and to prepare a report for the Board of Directors as to whether any multi - 31 family development in this area is appropriate in light of the following information: 32 (a) Traffic patterns in this area and including the neighborhoods of Brodie Creek, Sandpiper 33 Creek, Cherry Creek, and Woodlands Edge; [Page 1 of 2] 1 (b) Draining issues in the areas noted in subsection (a); 2 (c) Cut through traffic in the neighborhoods noted in subsection (a) during peak traffic 3 times of a given day; 4 (d) An estimate of costs associated with the impacts discovered during this study, and a listing 5 of the steps that would have to be taken to mitigate these impacts; 6 (e) A recommendation of proposed land use amendments in this area that would be required 7 to preclude future multi -family development if appropriate. 8 Section 3. Nothing in this resolution prevents the Board of Directors from considering a special or 9 emergency situation at a multi -family development that was not caused by the action, or inattention, of the 10 property owner. 11 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with 12 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 13 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 14 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 15 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 16 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 17 resolution. 18 ADOPTED: February 16, 2016 19 20 21 22 23 111. 24 26 Thomas M. Carpenter, City Attorn 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // ley, City Clerk AS TO LEGAL FORM: Mark Stodola, Mayor SPONSORED: Director Doris Wright, W d 6 [Page 2 of 21