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1 ORDINANCE NO. _18,863
1)
3 AN ORDINANCE AMENDING ARTICLE VII CHAPTER 36 OF LITTLE
4 ROCK, ARK. REV. CODE (1988) PROVIDING CHANGES IN THE
5 REGULATIONS REGARDING PLANNED ZONING DISTRICTS IN THE
6 CITY, AND FOR OTHER PURPOSES.
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
9 CITY OF LITTLE ROCK, ARKANSAS:
l0 Section 1. LRC §36 -458 entitled "Revocation' shall be revoked in its entirety and the
11 following language shall be substituted therefore:
12 a. Causes for revocation as enforcement action. The planning commission may
13 recommend to the board of directors that any PUD or PD approval be revoked and all
14 building permits or certificates of occupancy be voided under any of the following
15 circumstances:
16 1. The applicant has not submitted a final development plan to the staff as
17 provided in this article. Where a staged development plan is approved the board of
18 directors may revoke the entire preliminary plan or may revoke only that stage on which
19 a final plan has not been submitted and approved.
20 2. Construction has not commenced within the time allowed.
21 3. The applicant has not adhered to the development schedule as stated in the
22 approved preliminary plan.
23 4. The construction and provision of landscaping, buffers, open space, and
24 public streets and facilities which are shown on the final plan are proceeding at a
25 substantially slower rate than other project components.
26 5. The applicant has failed to implement any material element of the plan
27 within a reasonable time as determined by the planning commission.
28 From time to time the planning commission may compare the actual
29 development accomplished with the approved development schedule. If the planning
30 commission finds that the rate of construction of residential units or commercial or
31 industrial structures is substantially greater than the rate at which the approved
32 landscaping, buffers, open space, public streets and facilities have been completed, the
33 planning commission may recommend that the board of directors initiate revocation or
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I cease to approve any additional plans. The city may also issue a stop work order or
2 discontinue or revoke issuance of building permits or certificates of occupancy.
3 (b) Procedures. Prior to a recommendation of revocation, notice by certified
4 mail shall be sent to the owner or authorized agent giving notice of the alleged default,
5 setting a time to appear before the planning commission to show cause why steps
6 should not be made to totally or partially revoke the PUD or PD. The planning
7 commission recommendation shall be forwarded to the board of directors for
8 disposition as in original approvals. In the event a PUD or PD is revoked, the board of
9 directors shall take the appropriate action to prohibit any further development, and shall
10 file for record such action in the office of the city clerk and the public zoning record
I 1 shall be duly noted.
12 (c) Effect. In the event of revocation, any completed portion of the
13 development or those portions for which building permits have been issued shall be
14 treated as a whole and effective development. After causes for revocation or
15 enforcement have been corrected, the board of directors shall expunge such records as
16 established above, and the planning commission shall resume approval of the final
17 development plan, and shall authorize continued issuance of building permits.
18 Section 2. LRC § 36 -453 (d) entitled "Staging" is amended only by changing the
19 third sentence of the second paragraph to read:
20 The planning commission may grant a maximum of one two (2) year extension upon
21 demonstration of good cause by the applicant.
22 Section 3. LRC § 36 -454 (e) entitled "Final development plan" is deleted in its entirety and
23 the following is substituted therefore:
24 (e) Final development plan. The applicant shall have three (3) years from the date of
25 passage of the ordinance approving the preliminary approval to submit the final
26 development plan. Requests for extensions of time shall be submitted in writing to the
27 planning commission which may grant one extension of not more than two (2) years.
28 Time extensions shall be applied for by formal written request not less than ninety (90)
29 days prior to the first expiration date. Failure of the applicant to file a timely extension
30 shall be cause for revocation of the PUD as provided in this article.
31 The final development plan review shall be conducted by the planning and public works
32 staff. They will review the final plan to determine that no substantial charges were made
33 to those elements of the plan agreed upon in the preliminary plan. If substantial
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1 changes are found to have been made to the agreed elements, then the application must
2 be resubmitted to the planning commission for preliminary plan review. The staff will
3 also determine that those elements conditioned by the board of directors were altered to
4 meet the board's specific requirements. In certain instances such as condominium
5 construction, final plan approval shall be held in abeyance until such time as an as -built
6 survey is prepared and concurs with the final plan.
7 The burden is on the applicant to justify any variation between the approved
8 preliminary plan and the final plan. The final plan shall be deemed to be in substantial
9 compliance with the preliminary plan provided the plan does not:
10 (1) Increase proposed floor area for nonresidential use more than five (5)
11 percent.
12 (2) Increase total building coverage more than five (5) percent.
13 (3) Increase building height more than five (5) percent.
14 (4) Increase total number of dwelling units more than five (5) percent within
15 a given stage. Fluctuation greater than the above may be permitted provided overall
16 density is maintained as determined by staff.
17 No public hearing is necessary to consider modifications on location and design of
18 streets or facilities for water, storm water, sanitary sewers, or other public facilities
19 required as a condition of approval of the preliminary plan.
20 If the planning staff finds that only minor differences exist in the final plan, the staff
21 shall approve the final plan. Approval or disapproval of a final plan by the staff shall
22 occur within sixty (60) days of filing the plan. The applicant may either resubmit the
23 final plan in conformance with the preliminary plan, or file a written appeal with the
24 planning commission within thirty (30) days of the refusal.
25 After the final plan has been approved, the applicant shall enter into an agreement with
26 the city to install the required public improvements in accordance with chapter 31 of
27 this code.
28 Building permits may be issued following approval of the final plan and proper
29 recording of plan and plat components. Construction shall commence no later than one
30 hundred eighty (180) days after final plan approval and shall proceed on a timely basis
31 until completion and issuance of a final certificate of occupancy.
32 Section 3. Severabilily. In the event any portion of this ordinance is declared or adjudged to
33 be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions
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of the ordinance, which shall remain in full force and effect as if the portion so declared or adjudged
2 invalid or unconstitutional was not originally a part of this ordinance.
3 Section 5. Repealer. All laws, ordinances and regulations and parts thereof in conflict with
4 this ordinance are hereby repealed to the extent of such inconsistency.
5
6 PASSED: May 6, 2003
7 ATTEST:
8
9
10 Nan y ood, Cr
11
P: / /ORD.RES /LRC /Ordinance to amend chapter 36
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APPROVED:
,& a(t
J Dailey, Mayor
e
APPROVED AS TO LEGAL FORM:
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Thomas M. Carpenter, City A torney
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