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15529L0 R4 01 a) I cn I 1 347 2 ORDINANCE NO. 15,529 3 4 AN ORDINANCE AMENDING VARIOUS SECTIONS 5 of CHAPTER 37, OF THE CODE OF 6 ORDINANCES OF THE CITY OF LITTLE ROCK, 7 ARKANSAS. 8 9 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 10 THE CITY OF LITTLE ROCK, ARKANSAS. 11 12 SECTION 1. That Chapter 37 of the Code of Ordinances of the 13 City of Little Rock, Arkansas be amended as follows: 14 15 Subsection a. That Section 37.14(a) of Article III, be 16 amended to read as follows: 17 18 19 (a) Application - Whenever a subdivision is 20 proposed or before any sale of lots located in said 21 subdivision as a whole or any part thereof is made, 22 or before building permits are approved for 23 multiple building sites, within the corporate 24 limits, the owner shall file a plan of the proposed 25 subdivision with the Planning Commission for 26 approval. The applicant shall submit all the 27 necessary fees and meet all the submittal 28 requirements at the time of the filing as described 29 in Article IV, Section 37.17 of this Ordinance. 30 31 Subsection b. That Section 37.14(d) of Article III be 32 amended to read as follows: 33 34 (d) Subdivision Committee Review - The Subdivision 35 Committee of the Planning Commission shall review 36 the preliminary plat along with the staff o-.�a M M M M M 348 recommendation for approval, disapproval, or 1 2 modification and then shall submit its recommendation accompanied by a copy of the staff's 3 4 recommendation to the full Planning Commission for 5 public hearing. 6 Subsection c. That Section 37.14(e)(3) of Article III be 7 8 amended to read as follows: 9 (3) Denial - Reasons for denial of an application 10 by the Planning Commission shall be placed in 11 writing and mailed to the applicant within five 12 (5) days from the public hearing on such 13 application. Within thirty (30) days of the 14 Commission action, a denied application may be 15 resubmitted to the staff for review of the 16 required modifications and resubmission to the 17 Planning Commission. The failure to resubmit an 18 application within the prescribed period of time 19 shall invoke procedures required for the filing 20 of a new application. 21 22 Subsection d. That Section 37.14(e)(4) of Article III be 23 amended to read as follows: 24 5 25 (4) Deferral - The Planning Commission may defer, 2 at the subdivider's request, action on a 27 preliminary plat no more than twice in accordance 28 with the provisions of the Bylaws of the Little 29 Rock Planning Commission. 30 31 Subsection e. That Section 37.18(a) of Article IV be 32 amended to add an additional paragraph to be numbered 33 (15) and read as follows: 34 35 (15) Requests for variances and /or waivers from 36 349 1 the requirements, provisions, and /or standards of 2 the Little Rock Subdivision Ordinances for review by and recommendations of the Planning Commission 3 4 and submission to the Little Rock Board of 5 Directors. 6 7 Subsection f. That Section 37.20(a)(3) of Article V be deleted in its entirety and the serial restructuring of 8 9 numbers (1) through (6) accordingly. 10 Subsection a. That Section 37.20(a)(4) of Article V be 11 deleted in its entirety and the serial restructuring of the 12 13 remaining numbered items. 14 Subsection h. That Section 37.20(b) of Article V be 15 deleted in its entirety and the serial restructuring of 16 items (a) through (h) accordingly. 17 18 Subsection i. That Section 37.20(c) of Article V be deleted 19 in its entirety and the serial restructuring of the 20 remaining items (a) through (g). 21 22 Subsection i. That Section 37.20(f) of Article V be 23 deleted as now written and insertion of new language to 24 read as follows: 25 26 (f) Approval of Planned Unit Development - Design 27 standards outlined in Article V of this Ordinance 28 and in Article IX of the Zoning Ordinance shall 29 serve as overall guidelines for project approval 30 through the PUD process. 31 32 Subsection k. That Section 37.20(g) of Article V be deleted 33 as now written and insertion of new language to read as 34 follows: 35 36 M M M M M 1 ( (g) Provision of Access to Adjacent Unplatted 350 1 discouraged. However, private streets may be 351 2 approved by the Planning Commission to serve 3 isolated developments. The design standards shall 4 conform to public street standards as specified in 5 this Ordinance. Private streets are permissible 6 only in the form of culs -de -sac and short loop 7 streets and only when it has been determined that 8 these streets can be adequately served by all 9 public service vehicles. Such streets will not be 10 permitted where there is a possibility of through 11 traffic or eventual connection to another public 12 street. It shall be incumbent upon the applicant to 13 demonstrate that the private streets will not 14 unreasonably limit access to adjacent parcels, 15 hinder logical traffic pattern, or otherwise be 16 contrary to the public interest. The subdivider shall provide for permanent maintenance of all 17 18 private streets in the Bill of Assurance. 19 This maintenance shall include water lines, fire 20 hydrants, or other utility facilities. 21 22 The developer shall enter into contracts with the 23 Little Rock Municipal Water Works for the 24 maintenance of all water mains and hydrants lying 25 within the private street right -of -way. 26 27 Private Street New - Commercial. Office and 28 Industrial - Private street systems for 29 nonresidential use shall be discouraged. However, 30 the Planning Commission may approve limited use 31 when the design standards of this ordinance are 32 used as a basis for review. 33 34 Private streets shall be limited to short loop or 35 cul -de -sac alignments where the development served 36 M M M = M 352 1 contains less than five (5) acres. The developer 2 demonstrate that the street system proposed can 3 adequately serve the needs of public service 4 vehicles for access, turning radius, and clearance 5 of other improvements within the right -of -way. 6 7 The design of nonresidential private streets shall 8 provide for access into a public right -of -way as 9 required for private driveways. 10 11 The developer shall provide for permanent 12 maintenance of private streets within the Bill of 13 Assurance. This maintenance shall include water 14 lines, fire hydrants, or other utility facilities. 15 The developer shall enter into contracts with the Little Rock Municipal Water Works for the 16 17 maintenance of all water mains and fire hydrants lying within the private street right -of -way. 18 19 Developers shall conform to the preliminary plat 20 filing procedures in addition to the following: 21 22 1. A Bill of Assurance which shall contain contain 23 covenants and restrictions to run with the title of 24 the lots contained within the plat. The covenants 25 shall provide for permanent access rights and 26 maintenance responsibility. 27 28 2. Street construction plans for review and 29 approval by the Department of Public Works. 30 31 3. Construction plans for extension of water and 32 sanitary sewer systems. 33 34 4. Plans for boundary fences, wall, guard houses, 3 5 or other physical improvements unique to a private 35 353 1 street system. However, such plans shall not 2 include gates or entry barriers which are expressly 3 prohibited. 4 5 Subsection o. That Section 37.21(b)(10) Article V be 6 amended to change the language in the first sentence as 7 follows: 8 9 (10) Private Street. Existing - The Planning 10 Commission shall review and determine acceptance of the dedication of existing private streets as 11 12 follows: 13 Subsection P. That Section 37.21(b)(10) of Article V be 14 amended to delete subparagraphs (b)(10)a. and (b)(10)k.13. 15 and to change the serial restructuring of the subparagraphs. 16 17 Subsection g. That Section 37.24(a) of Article V be amended 18 to delete the second sentence and read as follows: 19 20 (a) Every lot shall abut upon a public street, 21 except where private streets are explicitly 22 approved by the Planning Commission. 23 24 Subsection r. That Section 37.24(e) of Article V be amended 25 to add new language and to read as follows: 26 27 (e) Double frontage lots are prohibited. However, 28 where a subdivision abuts or contains an existing 29 or proposed arterial street, freeway, expressway, 30 or railroad right - -of -way reverse frontage lots are 31 permitted. Double frontage lots may also be used to 32 facilitate residential development in hillside 33 areas as defined in Article V, Section 37.32 of 34 this Ordinance. 35 36 M M M M 354 1 Subsection S. That Section 37.24(f) of Article V be deleted 2 as now written and the following language substituted: 3 (f) Side lot lines shall be at right angles to the 4 5 street right -of -way line or radial to curving 6 street lines. Deflections from a true tangent shall 7 not be permitted. 8 Subsection t. That Section 37.24(h) of Article V be deleted 9 as now written and the following language substituted: 10 11 (h) Pipe -stem lots shall be prohibited in 12 residential subdivisions. 13 14 Subsection u. That Section 37.26(a)(c) of Article V be 15 deleted entirely and the remaining paragraphs be reassigned 16 alphabetically. 17 18 Subsection v. That Section 37.27 of Article V be amended to 19 replace the language of the first paragraph with the 20 following language: 21 22 37.27 - Sidewalks 23 24 The minimum construction requirements for sidewalks 25 are as follows: 26 27 Subsection w. That Section 37.27 of Article V be amended to 8 28 insert two new requirement listings to be titled (a) & 2 (b), to change the serial restructuring of the current (a) 30 through (h) accordingly and to read as follows: 31 32 (a) Shall be a minimum of four (4) feet wide 33 34 (b) Installed within the dedicated right -of -way 3 5 adjacent to the property line, except where 35 M M M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 355 otherwise specified in this section. Subsection x. That Section 37.27(f) of Article V be amended to add new language and to read as follows: (f) Five (5) foot sidewalks shall be provided in conjunction with commercial /office subdivision approvals or in other places of public assembly, or anticipated heavy pedestrian traffic volumes. Subsection V. That Section 37.29(a) Article V be amended to delete the language in the first paragraph entitled (a) General and insert the following: (a) The following standards shall be observed: Subsection z. That Section 37.29(g) of Article V be amended to remove certain language and to read as follows: (g) Internal Circulation - Where any commercial subdivision has in excess of three hundred (300) feet of frontage on an arterial street, special provisions for internal circulation shall be required to ensure proper ingress and egress. These provisions shall be determined by the Planning Commission based on recognized engineering design standards as applied. Subsection aa. That Section 37.29(g)(2) of Article V be amended to remove certain language and to read as follows: (2) Service Easements - Where a commercial /office subdivision requires the creation of an internalized circulation system to provide access to multiple lots and building sites, the Planning Commission may authorize the use of a service easement in lieu of 356 1 public commercial streets. Location of private 2 service easements shall be indicated on the plat and 3 be built to public street design standards. Design of 4 service easements shall be subject to the review and 5 approval of the City Engineering Division. 6 7 Subsection bb. That Section 37.29(g)(3) of Article V be 8 amended to remove certain language and to read as 9 follows: 10 11 (3) Ingress and Egress to Commercial Lots on Major 12 Thoroughfares - Due to the nature of the use 13 proposed and due to the high volume of traffic generated by commercial /office subdivisions, curb 14 cuts for commercial /office subdivision on arterial 15 streets shall located a least three hundred (300) 16 feet apart and no closer than one hundred (100) 17 feet to the right -of- -way of any intersecting 18 street. This requirement may be met by 19 incorporating marginal access streets, double 20 frontage lots, common drives, culs -de -sac in the 21 subdivision, or by limiting direct access to 22 arterial streets. The extent and placement of curb 23 cuts on principal arterials, minor arterials, and 24 commercial streets shall be subject to the approval 25 of the City Engineer. 26 27 Subsection cc. That Section 37.30(a) of Article V be 28 amended to delete entirely the language in the first 29 paragraph now titled (a) General and insert new language 30 to read as follows: 31 32 (a) The following standards shall be observed: 33 34 Subsection dd. That Section 37.30(a)(1) of Article V be 3 5 deleted in its entirety and the serial renumbering of the 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 " 357 remaining items. Subsection ee. That Section 37.30(a)(3) of Article V be renumbered as (a)(2) and the language modified to read as follows: (2) In order to preclude the possibility of through traffic, industrial streets as defined in the ordinance shall not be extended to the boundaries of adjacent existing or potential residential areas. Subsection ff. That Section 37.32(i) of Article V be amended to read as follows: (i) Vehicular access easements - Easement providing primary access to lots fronting on a public street may be granted by the Planning Commission. Where approved, access easements shall serve not more than five (5) lots nor be more than three hundred (300) feet in length. Pavement shall be constructed of concrete not less than twenty feet in width. Underground drainage shall be waived by the Engineering Division when it can be demonstrated that open drainage will accommodate all runoff. Grades shall not exceed those specified for minor residential streets. Subsection ag. That Section 37.35 of Article IV be amended to delete certain language within the second paragraph and to read as follows: One of the following methods will be utilized by the developer to assure that improvements required by these regulations have been, can, or will be installed in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • • 353 accordance with approved plans and specifications. The method to be used shall be determined by the Planning Commission. Subsection hh. That Section 37.35.1(b) of Article VI be deleted in its entirety. SECTION 2. That this Ordinance shall take effect 30 days from its approval and passage. PASSED: August 16, 1988 ATTEST: APPROVED: CLERK YAIqE ECH MAYOR LO TIE SHA ELFORD DAS VE TO ORM: STODOLA, CITY ATTORNEY