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1 ORDINANCE NO. 18,134 700
2 AN ORDINANCE TO REPEAL LITTLE ROCK, ARK.,
3 ORDINANCE NO. 18,131 (NOVEMBER 21 1999) WHICH
a REQUIRES RIGHT -OF -WAY DEDICATION BY THE
s MARTINDALE BAPTIST CHURCH; TO DIRECT STAFF TO
6 DRAFT APPROPRIATE ORDINANCES ON THE ISSUE OF
7 RIGHT -OF -WAY DEDICATION; AND FOR OTHER PURPOSES.
8 WHEREAS, at the November 2, 1999, meeting the Board of Directors considered Little
9 Rock, Ark., Ordinance No. 18,131 which waived boundary street improvements, but required
to the extraterritorial dedication of street right -of -way pursuant to the Master Street Plan for a
11 conditional use permit granted to Martindale Baptist Church at 18900 Colonel Glenn Road, and
12 WHEREAS, this action was challenged as an unconstitutional Takings prohibited by
13 the Fifth and Fourteenth Amendments to the United States Constitution, and Article II, of the
14 Arkansas Constitution, but the Board of Directors disagrees with this characterization, and
15 WHEREAS, subsequent to the passage of this ordinance, the applicant questioned if the
16 express language in various City ordinances permitted the City to seek right of way dedication
17 for a conditional use permit in its extraterritorial planning jurisdiction, and
18 WHEREAS, after careful review the City Attorney has determined that in light of
19 various state and federal legal precedents, the language of the City's Code of Ordinances and
20 its uncodified Master Street Plan cannot be the basis to demand such dedication, although the
21 language of the ordinances can be amended to legally impose this requirement in appropriate
22 circumstances in the future, and
23 WHEREAS, it has been concluded that waiver of right -of -way dedication is not
24 appropriate in this instance because the ordinances cannot be applied to this particular and
25 unique application for a conditional use permit,
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
27 THE CITY OF LITTLE ROCK, ARKANSAS:
28 Section 1. Little Rock, Ark., Ordinance No. 18,131 (November 2, 1999) is hereby
29 repealed.
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Section 2. The Board of Directors declares that right -of -way dedication is not
appropriate for the conditional use permit involved in this application because the current
language of the City ordinances, particularly the codified ordinances, does not expressly permit
right -of -way dedication as a part of the conditional use permit process. 701
Section 3. The Board of Directors reaffirms its conclusion of November 2, 1999, that
boundary street improvements are not required under these circumstances and will not be
sought.
Section 4. The Board directs staff to review the City Code of Ordinances, and any
other uncodified ordinances involved in the planning and zoning process, and make any
necessary suggestions for amendments which will legally permit the City to seek right -of -way
dedication, or any other type of exaction, as a part of the planning and zoning process; further,
the Board directs that this review occur as expeditiously as possible after consideration of all
relevant legal precedents.
PASSED: November 16, 1999
ATTEST: APPROVED:
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17 GA AS
18 Robbie Hancock, City Clerk
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20 APPROVED AS TO LEGAL FORM:
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23 Thomas M. Carpenter, City oiney
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