15554ORDINANCE NO. 15,554 424
AN ORDINANCE AMENDING VARIOUS
SECTIONS OF CHAPTER 43., ARTICLE IX
OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS,
FOR THE PURPOSES OF RESTRUCTURING
THE P.U.D. PROVISIONS.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That Chapter 43., Article IX be amended as
follows:
Subsection a. That Chapter 43., Article IX, Section
9-101(a) be amended to provide for the deletion of the
last four (4) sentences of the first paragraph which
now read:
"Applicants for small -scale development are offered
further inducements to use the Planned Unit Development
process by reducing the time and cost factors. This
process is described further in this article as
"short -form P.U.D." The process is deemed necessary to
assure control of certain small developments while
providing the small -scale developer a means of gaining
commitment without undue financial risk. This process
will at the same time afford the neighborhood an
involvement prior to final commitment. Specifically,
the purposes of Article IX are to encourage:"
Subsection b. That Chapter 43., Article IX,
Section 9- 101.(b)(3)a. be amended to delete item
number 4. in its entirety.
Subsection c. That Chapter 43., Article IX,
Section 9- 101.(c)(3) minimum size be amended to delete
the second paragraph which now reads as follows:
"The maximum size authorized for filing of short -form
Planned Unit Development applications shall be 5.0
acres. There is no minimum size for short -form P.U.D."
Subsection d. That Chapter 43., Article IX,
Section 9- 101.(e) be deleted in its entirety.
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Subsection e. That Chapter 43., Article IX, be amended
for purposes of insertion of a new section to be
numbered 9 -101.1 and to read as follows:
SECTION 9 -101.1 PLANNED UNIT DEVELOPMENT - SHORT -FORM
(a) GENERAL PURPOSE:
Applicants for small -scale development are offered
inducements to use the Planned Unit Development
process by reducing the time and cost factors.
This process is described further in this article
as "short -form P.U.D." The process is deemed
necessary to assure control of certain small
developments while providing the small -scale
developer a means of gaining commitment without
undue financial risk. This process will at the
same time afford the neighborhood an involvement
prior to final commitment. Specifically, the
purposes of Article IX are to encourage:
1. Superior development and redevelopment which
is more desirable than that which would occur
through strict application of the Zoning and
Subdivision Ordinances;
2. Provision of more usable and suitably located
open space, recreation areas and other common
facilities than would otherwise be required
under conventional land development
regulations;
3. Maximum enhancement and minimal disruption of
existing natural features and amenities;
4. Comprehensive and innovative planning and
design of diversified yet harmonious
developments consistent with the Urban
Development Goals and the Municipal Plan;
5. More efficient and economic arrangement of
varied land use, buildings, circulation
systems, and facilities;
6. Project phasing that will ensure the balance
and coordinated development of varied land
uses and public facilities and services
needed to support them;
7. Better utilization of sites characterized by
special features of geographic location,
topography, size, or shape;
8. Preparation of more complete and useful 426
information which will enable the Planning
Commission and Board of Directors to make
more informed decisions on land use;
9. Flexible administration of general
performance standards and development
guidelines.
(b) DISTRICT SUBDIVISION:
The district subdivisions for short -form Planned
Unit Development shall be the same as those
established for long -form P.U.D. except that the
Planned Industrial District shall not be utilized.
(c) ELIGIBILITY REQUIREMENTS AND STAGING:
The three standards of eligibility which must be
met are location, ownership, and size. Projects
may be staged at the option of the developer.
1. Eligible properties include those located
within the Little Rock City limits and lands
outside the corporate limits over which the
City exercises zoning jurisdiction as
permitted by Arkansas Statutes.
2. Ownership
Eligible applicants for preliminary plan
review must be the landowners of record,
holders of a lease for not less than 50
years, or their authorized agent and
beneficiaries of all properties in question.
The approved final development plan shall be
binding on all subsequent owners of the land
until revised or repealed as authorized in
this Article.
3. Minimum Size /Maximum Size
The maximum size authorized for filing_ of
short -form Planned Unit Development
applications shall be 5.0 acres. There is no
minimum size for short -form P.U.D.
4. Staging
While this ordinance encourages submission of
comprehensively planned development proposals
of entire ownerships, a preliminary
development plan need not cover the entire
property owned by the applicant.
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Applicants may choose to submit a phased
development program incorporating incremental
final development plan /plat for subareas of
the entire ownership. Although the entire
ownership must be shown, a boundary survey or
some type of device showing streets, drainage
or other boundary feature must be provided in
order to phase development. Where this is
done, the applicant shall adhere to the
approved development schedule for the phased
submission of final development plan /plat.
If the applicant cannot adhere to the time
period approved, he may submit a written
request for extension from the Planning
Commission. A maximum of two one -year
extensions may be granted by the Planning
Commission which, upon demonstration of good
cause, shall not unnecessarily withhold
approval. Additional extension shall require
approval of the Board of Directors.
(d) APPLICATION REVIEW PROCEDURE, SHORT -FORM PLANNED
UNIT DEVELOPMENT:
This Planned Unit Development application
procedure shall consist of three phases. A
pre - application conference with the staff of the
Office of Comprehensive Planning, a preliminary
development plan reviewed by the Planning
Commission and Board of Directors and final
development plan /plat approved as a whole or in
phases by the Planning staff following its review
for compatibility with the preliminary plan. The
final development plan /plat shall be approved
prior to the issuance of any building permits
within any portion of the Planned Unit
Development.
1. Pre - application Conference
Before submitting an application for any
Planned Unit Development, the landowner or
his authorized agent shall confer with the
staff of the Office of Comprehensive Planning
in order to become familiar with the Planned
Unit Development review process. The staff
will inform the applicant of any perceived
potential problems that might arise. A
further purpose of the pre - application
conference is to make sure that the applicant
has or will be able to submit the necessary
information for filing the application.
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2. Preliminary Development Plan
The procedure for filing and the required
fees shall be as set forth in Section 9 -101.D
and 9- 101.F, except that the graphic support
material and development rationale shall be
submitted as follows:
The developer shall submit a cover letter
with the application which outlines the
proposal as to structural and legal
composition. The outline should include but
not be limited to the following:
a. Size of tract.
b. Net density per acre.
C. Number of buildings and units per
building.
d. Ratio of parking to unit.
e. Ratio of building to land in square
feet.
f. Number of access points desired.
g, Perimeter treatment.
h. composition of title after development,
such as condominium.
i. The use mix by structure.
j. Natural features to be retained and
methods.
k. Development schedule with projected
completion dates of various elements of
the plan.
The developer shall submit a legal survey of
the tract to he reviewed. The developer
shall also provide a general sketch plan
indicating typical building siting, access
and other significant features of the plan.
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2.a. APPROVAL. If the preliminary development
plan is approved by the Planning Commission,
it will be forwarded to the Board of
Directors for their review. The Board of
Directors may grant, deny, defer for
requested changes or information, or return
the application to the Planning Commission to
reconsider special aspects of the preliminary
development plan. If. the preliminary
development plan is approved, the City
Attorney shall prepare a conditional
ordinance making the necessary zoning
amendments. This ordinance shall not take
effect until specified conditions or
modifications are met and until the Planning
staff appproves a final development plan
which does not include substantial changes
from the approved preliminary development
plan. The zoning change to a tentative
Planned Unit Development classifcation does
not constitute the recording of a plat or
authorize the issuance of a building permit.
Both of these actions are contingent on
approval of the final development plan /plat.
2.b. MODIFICATION. If the preliminary development
plans cone itionally approved, the applicant
shall have ninety (90) days from the date of
the Planning Commission action granting
conditional approval, to submit a revised
preliminary development plan. If the
Planning staff determines such revisions are
in conformance wiht the Planning Commission's
specific recommendations, it shall be
forwarded to the Board of Directors for
public hearing and disposition. If the
revisions are determined not to be in
conformance with the intent of the
conditional approval, the revised preliminary
development plan will be resubmitted to the
Planning Commission for public hearing.
2.c. DISAPPROVAL. If a preliminary development
plan is denied, the applicant may appeal to
the Board of Directors, provided a written
request is filed within thirty (30) days of
the denial for the Planning Commission. The
appeal process shall be consistent with the
Article IV, Section 4 -101 of the City Code of
Ordinances.
3. Final Development Plan 4 30
a. The applicant shall generally have one
year from the date of preliminary plan
approval to submit the final development
plat /plan. In cases where a phased
preliminary development plan is
approved, an approved submission
schedule for incremental final
development plat /plat shall be followed.
Requests for extensions shall be
submitted in writing to the Planning
Commission, which shall not unreasonably
withhold approval. A maximum of two
one -year extensions may be granted by
the Planning Commission. Additional
extensions shall require approval by the
Board of Directors. Time extensions
must be applied for before the time
elapses for all preliminary approvals,
as well as rezoning shall be considered
for revocation pursuant to Subsection G
in this Article.
b. The final development plan /plat review
shall be conducted by the Planning staff
and Engineering Department staff. They
will review the final development
plan /plat to determine that no
substantial changes were made to those
elements of the plan agreed upon in the
preliminary development plan. In
addition to the information submitted
for preliminary plan /plat approval, the
developer will be required to submit
more detailed data and graphics as set
forth in Subsection F.2 submission
requirements. Variance from these
requirements shall not be permitted by
staff.
C. The final development plan /plat shall be
deemed to be in substantial compliance
with the preliminary development plan
provided the plan /plat does not:
(1) Increase the proposed floor area
for nonresidential use by more than
5 percent.
(2) Increase total building coverage by
more than 5 percent.
(3) Increase building height by more
than 5 percent.
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(4) Increase total number of dwelling
units by more than 5 percent within
a given phase. Fluctuation greater
than the above shall be permissible
provided overall density is
maintained.
d. Approval or disapproval of a final
development plan /plat by the Planning
staff shall occur within 30 days of the
filing of the plan. If the plan as
submitted contains variations of
substance from the previously approved
preliminary development plan, the
Planning staff may, after meeting with
the landowner, refuse to grant final
approval and shall so advise the
landowner in writing of said refusal,
setting forth the reasons such
variations are not in the public
interest.
The landowner may either resubmit the
final development plan /plat in
conformance with the Preliminary
Development Plan or file a written
appeal with the Planning Commission
within 45 days of the refusal date. In
the event such an appeal is filed, the
Planning Commission shall schedule a
public hearing to consider the
application.
e. All physical improvements on boundary
streets as required by the plan /plat
approval shall be accounted for in the
manner set forth by Subsection D.3
Standard Form Planned Unit Development.
4. The Planning staff review for final plan /plat
applications shall take into consideration
all other subsections of Section 9 -101.
items G through J, as accomplished in review
of long -form Planned Unit Development.
(e) APPLICATION FEES:
Filing fees for Planned Unit Development
applicants shall be those established from time to
time by the Board of Directors.
(f) CAUSES FOR REVOCATION:
(1) Causes for Revocation as Enforcement Action
The Planning Commission shall follow the
guidelines set forth within Section
9- 101.(h)(1).
(2) Procedure For Revocation
The Planning Commission shall follow the
procedures set forth within Section
9- 101.(h)(2).
(g) GENERAL PROVISIONS:
The Planning Commission shall consider the
provisions of Section 9- 101.(i) and (j) in the
course of review of all short -form P.U.D.
SECTION 2. That this ordinance shall take effect
30 days from its approval and passage.
PASSED: September 20, 1988
ATTEST:
City Clerk Jane Czech
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APPROVED
Mayor Lottie ShacY.el ord