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HomeMy WebLinkAbout19379ORDINANCE NO. 19,379 AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT, ESTABLISHING A TEMPORARY PLANNED COMMERCIAL DISTRICT TITLED BALE CHEVROLET -HONDA SHORT -FORM PCD (Z- 7622 -A) LOCATED AT 15617 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR THE REVOCATION OF THE PLANNED COMMERCIAL DISTRICT AND RESTORING THE CURRENT ZONING IN FIVE YEARS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zone classification of the following described property be changed from C -3 General Commercial to PCD: Part of the NW '/4, Section 6, T -1 -N, R -13 -W, Pulaski County, Arkansas; being more particularly described as follows: Commencing at the NE corner of Lot 1, One Source Addition as filed for record in Plat Book D, Page 730; thence S59 °54' 17 "E along the Southerly right -of -way line of Chenal Parkway, a distance of 270.46 feet; thence S18 °13'32 "W along said Southerly right -of -way line, a distance of 5.92 feet to the Point of Beginning; thence S65'27'21 "E along said Southerly right -of -way line, a distance of 282.01 feet; thence S51 °25'21 "E along said Southerly right -of -way line, a distance of 93.65 feet; thence S45 °42'43 "E along said Southerly right -of -way line, a distance of 31.78 feet; thence S20 °09'00 "W, a distance of 569.13 feet to the Northerly right - of -way line of Kanis Road (said point being 20 feet Northerly of the centerline of said Kanis Road); thence N74 °51'55 "W along said Northerly right -of -way line, a distance of 196.43 feet; thence N65 °27'21 "W along said Northerly right -of -way line, a distance of 200.00 feet; thence N19 °47'39 "E, a distance of 635.20 feet to the Point of Beginning, containing 5.673 Acres (247,108 sq. ft.) more or less. LESS AND EXCEPT That portion of the above described property located within the regulatory floodway which was zoned "OS" Open Space District by Ordinance No. 19,153. SECTION 2. That the temporary Planned Commercial District titled Bale Chevrolet -Honda Short-Form PCD (Z- 7622 -A) located on the property described in Section 1 hereof is approved for a period not to exceed five years. SECTION 3. That this planned development ordinance is subject to certain special conditions that normally do not apply to planned developments because of the unique nature of this particular application. These special conditions are as follows: (a) Notwithstanding the provisions of § 36 -454, there shall be no extension of time granted for the submission of a final development plan; and (b) Notwithstanding the provisions of § 36 -458, this planned development shall be revoked two years after the effective date of this ordinance as follows: (1) At least 30 days prior to that date, the City shall send written notice to the applicant, or the present owner, that the planned development shall expire on a certain date; (2) The Board of Directors shall adopt an ordinance on, or as soon after that date as possible, that repeals the provisions of this ordinance; (A) The owner shall have the right to appear and ask the Board of Directors not to repeal this planned development ordinance; (B) Such a request, if any, shall be denied unless the owner can show: (i) A substantial change in circumstances in the last two years that warrants the continuation of this planned development; and (ii) The owners of property within 500 feet of the property line of the planned development unanimously agree that the extension will not have a detrimental impact on the neighborhood; and (iii) The Planning Commission and the Planning staff certify to the Board of Directors that such continued use of the planned development is in the best interests of the City and will not have any detrimental impact upon the surrounding neighborhood; SECTION 4. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 5. That the change in zoning classification contemplated for Bale Chevrolet -Honda (Short-Form PCD) is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36- 454(e) of the Code of Ordinances. SECTION 6. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and it is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Sections 1, 2 and 3 hereof. 2 SECTION 7. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 8. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 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 the ordinance. SECTION 9. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: AUGUST 16, 2005 ATTEST: Cit Clerk APPROVED: Ma