19374ORDINANCE NO. 19,374
AN ORDINANCE APPROVING A PLANNED
ZONING DEVELOPMENT, ESTABLISHING A
TEMPORARY PLANNED COMMERCIAL DISTRICT
TITLED SOUTHERN AUTOMOTIVE SHORT -FORM
PD -C (Z- 3960 -A) LOCATED AT 7305 CANTRELL
ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS,
PROVIDING FOR THE REVOCATION OF THE
PLANNED COMMERCIAL DISTRICT AND
RESTORING THE CURRENT ZONING IN TWO
YEARS, AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That the zone classification of the following described property be
changed from C -3 General Commercial to PD -C:
Lots 4 and 5 and Lots 20 through 24, Block 1, Riffel and Rhoton's Forest
Park Highland Addition to the City of Little Rock, Pulaski County,
Arkansas.
SECTION 2. That the temporary Planned Commercial District titled Southern
Automotive Short -Form PD -C (Z- 3960 -A) located on the property described in Section 1
hereof is approved for a period not to exceed two years.
SECTION 3. That this planned development ordinance is subject to certain
special conditions that normally do not apply to planned developments because of the
unique nature of this particular application. These special conditions are as follows:
(a) Notwithstanding the provisions of § 36 -454, there shall be no extension of
time granted for the submission of a final development plan; and
(b) Notwithstanding the provisions of § 36 -458, this planned development shall
be revoked two years after the effective date of this ordinance as follows:
(1) At least 30 days prior to that date, the City shall send written notice
to the applicant, or the present owner, that the planned development
shall expire on a certain date;
(2) The Board of Directors shall adopt an ordinance on, or as soon after
that date as possible, that repeals the provisions of this ordinance;
(A) The owner shall have the right to appear and ask the Board
of Directors not to repeal this planned development
ordinance;
(B) Such a request, if any, shall be denied unless the owner can
show:
(i) A substantial change in circumstances in the last
two years that warrants the continuation of this
planned development; and
(ii) The owners of property within 500 feet of the
property line of the planned development
unanimously agree that the extension will not
have a detrimental impact on the neighborhood;
and
(iii) The Planning Commission and the Planning staff
certify to the Board of Directors that such
continued use of the planned development is in
the best interests of the City and will not have any
detrimental impact upon the surrounding
neighborhood;
(c) To the extent possible, if the planned development is not extended as set
forth in this section, the owner shall remove all fixtures from the property in
a manner that does not negatively impact the landscaping and other
improvements that have been installed as a result of this planned
development; and
(d) Any monies paid in lieu of the requirements to complete boundary street
improvements or master street plan improvements that would otherwise be
required for this planned development shall be maintained by the City in a
separate fund that shall be used for the benefit of Kentucky Street only.
SECTION 4. That the preliminary site development plan/plat be approved as
recommended by the Little Rock Planning Commission.
SECTION 5. That the change in zoning classification contemplated for Southern
Automotive (Short-Form PD -C) is conditioned upon obtaining a final plan approval
within the time specified by Chapter 36, Article VII, Section 36- 454(e) of the Code of
Ordinances.
SECTION 6. That the map referred to in Chapter 36 of the Code of Ordinances of
the City of Little Rock, Arkansas, and designated district map be and it is hereby
amended to the extent and in the respects necessary to affect and designate the change
provided for in Sections 1, 2 and 3 hereof.
SECTION 7. That this Ordinance shall not take effect and be in full force until
the final approval of the plan.
SECTION 8. 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.
2
SECTION 9. 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.
PASSED: 8 -16 -05
ATTEST:
Ci -C- lerk
APPROVED:
yr