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.
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No conditional waiver of boundary
will run with the land, nor will
any future lot split, subdivision,
SECTION 2. SEVERABILITY. In
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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:
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