HomeMy WebLinkAbout12383I RESOLUTION NO. 12,383
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3 A RESOLUTION TO DECLARE A 90 -DAY MORATORIUM ON THE ISSUANCE OF BUILD -
4 ING PERMITS, OR THE ACCEPTANCE OF REZONING APPLICATIONS, IN THE MIDTOWN
5 AREA OF LITTLE ROCK FROM AN AREA BOUNDED BY WEST MARKHAM STREET ON
6 THE NORTH, 1 -630 ON THE SOUTH, UNIVERSITY ON THE EAST AND McKINLEY ON
7 THE WEST; AND FOR OTHER PURPOSES.
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9 WHEREAS, the City has been involved with planning and design for the redevelopment of the mid -
10 town area of the City, particularly the area including the University Mall, and
11 WHEREAS, on October 27, 2006, "A STATEMENT OF DESIGN AND PROGRAMMING EXPECTATIONS FOR THE REDE-
1 2 VELOPMENT OF THE UNIVERSITY MALL," was presented to the Midtown Redevelopment Advisory Board No. 1 by
13 The Jamieson Group, Inc., and
14 WHEREAS, except for actions that might be required by federal court order in William L. Patton,
15 Jr. Family Limited Partnership, LLP and Southern Real Estate and Financial Co. v. Simon Property
16 Group, Inc. and Simon Property Group, LP, No. 4:04 -CV -1477 (GH), in the United States District Court
17 for the Eastern District of Arkansas, it is felt that further development in this area at this time, before
18 the planning and design suggestions can be fully considered and a reasoned determination can be made
19 as to whether any, or all, of these suggestions should be implemented,
20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
21 ROCK, ARKANSAS:
22 Section 1. For a period of ninety (90) days from the date of adoption of this Resolution, no build -
23 ing permits or rezoning applications for the area designated as Midtown Redevelopment Review Area
24 No. 1, and more fully described on Exhibit A to this Resolution, and graphically shown on Exhibit B to
25 this resolution, shall be accepted, provided that for any occupied or operating structures presently
26 within this review area, building permits shalt be permitted as necessary to comply with any public
27 health or safety violations that must be immediately addressed.
28 Section 2. If a property within this designated area has applied for a building permit, or has
29 started the application process for rezoning, on the date this resolution is adopted, the applicant for
30 that property shall be allowed to continue to process notwithstanding this moratorium.
31 Section 3. The Board of Directors states its intent that, among other things, the City will study
32 traffic patterns, traffic counts, and the ingress and egress of this redevelopment area in accordance
33 with A STATEMENT OF DESIGN AND PROGRAMMING EXPECTATIONS FOR THE REDEVELOPMENT OF THE UNIVERSITY MALL, and
34 that it intends to discuss and work with property owners, and lessees, within the redevelopment area
35 on these issues, and that it hopes the property owners and lessees will provide full and open coopera-
36 tion and discussion to the City.
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Resolution to declare 180 -day moratorium on building permits and
rezoning applications in the midtown redevelopment area
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Section 4. Nothing in this Resolution shall apply to any orders of the federal court issued in Wil-
liam L. Patton, Jr. Family Limited Partnership, LLP and Southern Real Estate and Financial Co. v.
Simon Property Group, Inc. and Simon Property Group, LP, No. 4:04 -CV -1477 (GH), in the United States
District Court for the Eastern District of Arkansas, to the extent necessary to comply with such federal
court order.
Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the resolution 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 resolution.
Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
ADOPTED: November 6, 2006
ATTEST: APPROVED:
Na y Wood ity ler
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City A orney
Resolution to declare 180 -day moratorium on building permits and
rezoning applications in the midtown redevelopment area
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'+�
Jim D Hey, May r
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DESCRIPTION OF THE PROPERTY UNDER MORATORIUM
The area designated for purposes of this moratorium shall be as follows:
On the South end, to the street and ROW immediately abutting Interstate -630
Westbound.
On the North end, to the centerline of West Markham Street.
On the East end, to the centerline of University Avenue.
On the West end, to the centerline of McKinley Street.
Resolution to declare 180-day moratorium on building permits and
rezoning applications in the midtown redevelopment area
EXHIBIT A
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Resolution to declare 180 -day moratorium on building permits and
rezoning applications in the midtown redevelopment area
EXHIBIT B
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