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172701 ORDINANCE NO. 17,270 2 AN ORDINANCE TO AMEND LITTLE ROCK, 612 3 ARK., REV. CODE § 31 -143 (1988) TO 4 ADD A SECTION FOR THE CONDITIONAL 5 WAIVER OF CITY BOUNDARY STREET 6 IMPROVEMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the City understands the need to demand that 9 boundary street improvements be required for new developments, 10 subdivisions, and rezoning applications; and WHEREAS, in certain limited cases of lot splits the 11 boundary street requirements can cause an unnecessary hardship; 12 and 13 WHEREAS, the City would like to provide that in these 14 limited situations a conditional waiver of boundary street 15 requirements can be made that will not affect future subdivisions or rezonings. 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 17 THE CITY OF LITTLE ROCK, ARKANSAS: 18 SECTION 1. Little Rock, Ark., Rev. Code § 31 -143 is hereby 19 amended to add the following subsection: 20 (e) A conditional waiver of boundary street requirements, including but not limited to 21 sidewalks, curb and gutter, street improvements, and 22 drainage facilities, may be made by the Board of 23 Directors if: 24 (1) The director of planning and the director 25 of public works certify that the lot split will not change the land use at the time 26 of the split and will not significantly or 27 negatively impact the infrastructure needs 28 of the area; 29 (2) There has been no other conditional waiver 30 granted to a lot split involving any parcel of property under consideration; 31 and 32 (3) It is determined that to require boundary 33 street improvements, or even a fifteen 34 percent (15 %) hardship payment, would be 35 an unnecessary hardship. 36 i- ir 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 • No conditional waiver of boundary will run with the land, nor will any future lot split, subdivision, SECTION 2. SEVERABILITY. In • street improvements it be enforceable on 613 or rezoning request. the event any section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared to adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this 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 this ordinance. SECTION 3. EMERGENCY. The ability to grant lot splits as part of the planning and land use process is being negatively impacted by the requirement of boundary street improvements in certain limited situations where the cost of the improvements would substantially impact the ability to use the property. As a result, there is a potential that property would be abandoned and that this abandoned property use could negatively impact the public health, safety and welfare. An emergency is therefore declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: September 17, 1996 ATTEST: CITY M X:: APP • VIED AS TO FORM: TERQ THOMAS M. CARPEN CITY i ATTORNEY "PROVED: �,%u , l ?JJL- • ' AILEY