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ORDINANCE NO. 14,395
AN ORDINANCE AMENDING CHAPTER 43 OF
d THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK, ARKANSAS, PROVIDING FOR
ESTABLISHMENT OF A SHORT FORM PLANNED
UNIT DEVELOPMENT PROCESS; AND
DECLARING AN EMERGENCY.
A'
r' BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
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u LITTLE ROCK, ARKANSAS.
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k SECTION 1. That Chapter 43 of the Code of Ordinances
be amended as follows:
Subsection a. That Chapter 43, Article IX, Section
9- 101.A. be amended to include the following sentences
prior to the last sentence of the paragraph.
Applicants for small -scale development are offered
further inducements to use the planned unit
development process by reducing the time and cost
factors. This process is described further in
this article as "short form P.U.D." The process
is deemed necessary to assure control of certain
small developments while providing the small -scale
developer a means of gaining commitment without
undue financial risk. This process will at the
same time afford the neighborhood an involvement
prior to final commitment.
Subsection b. That Chapter 43, Article IX,
Section 9 -101.B be amended to include a new
sentence after the first sentence and as follows:
In those instances where the short form planned
unit development procedure is utilized, the final
plan and /or plat approval by the Planning
Commission is not required.
Subsection c. That Chapter 43, Article IX,
Section 9- 101.B.3.a be amended to add a new item
number four (4).
(4) The planned industrial development district
shall not be utilized in conjunction with the
short form planned unit development approach.
Subsection d. That Chapter 43, Article IX,
Section 9 -101.0 be amended to provide for
insertion of a new sentence within subparagraph "3.
minimum size" as follows:
The maximum size authorized for filing of short
form planned unit development applications shall
be 5.0 acres.
Subsection e. That Chapter 43, Article IX,
Section 9 -101.D be amended to provide for
expansion of the title sentence as follows:
D. Application Review Procedure, Standard Form
Planned Unit Development.
Subsection f. That Chapter 43, Article IX,
Section 9 -101 be amended to provide for the
insertion of a new subsection to be titled E and
reassigning of the subsection titles E through I
as F through J. The new subsection is to read as
follows:
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E. Application Review Procedure, Short Form
Planned Unit Development.
This planned unit development application
procedure shall consist of three phases. A
pre - application conference with the staff of the
Office of Comprehensive Planning, a preliminary
development plan reviewed by the Planning
Commission and Board of Directors and final
Development Plan /Plat approved as a whole or in
phases by the Planning Staff following its review
for compatibility with the preliminary plan. The
final Development Plan /Plat shall be approved
prior to the issuance of any building permits
within any portion of the planned unit
development.
1. Pre - application Conference
Before submitting an application for any
planned unit development, the landowner or
his authorized agent shall confer with the
staff of the Office of Comprehensive Planning
in order to become familiar with the planned
unit development review process. The staff
will inform the applicant of any perceived
potential problems that might arise. A
further purpose of the preapplication
conference is to make sure that the applicant
has or will be able to submit the necessary
information for filing the application.
2. Preliminary Development Plan
The procedure for filing and the required
fees shall be as set forth in Section 9 -101.D
and 9- 101.F, except that the graphic support
material and development rationale shall be
submitted as follows:
The developer shall submit a cover letter
with the application which outlines the
proposal as to structural and legal
composition. The outline should include but
not be limited to the following:
a. Size of tract.
b. Net density per acre.
C. Number of buildings and units per
building.
d. Ratio of parking to unit.
e. Ratio of building to land in square
feet.
f. Number of access points desired.
g. Perimeter treatment.
h. Composition of title after development,
such as condominium.
i. The use mix by structure.
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j. Natural features to be retained and
methods.
k. Development schedule with projected
completion dates of various elements of
the plan.
The developer shall submit a legal survey of
the tract to be reviewed. The developer
shall also provide a general sketch plan
indicating typical building siting, access
and other significant features of the plan.
2.a. APPROVAL. If the preliminary development
plan s approved by the Planning Commission,
it will be forwardded to the Board of
Directors for their review. The Board of
Directors may grant, deny, defer for
requested changes or information, or return
the application to the Planning Commission to
reconsider specific aspects of the
preliminary development plan. If the
preliminary development plan is approved, the
City Attorney shall prepare a conditional
ordinance making the necessary zoning
amendments. This ordinance shall not take
effect until specified conditions or
modifications are met and until the Planning
Staff approves a final development plan which
does not include substantial changes from the
approved preliminary development plan. The
zoning change to a tentative planned unit
development classification does not
constitute the recording of a plat or
authorize the issuance of a building permit.
Both of these actions are contingent on
approval of the final development plan /plat.
2.b. MODIFICATION. If the preliminary development
plan is conditionally approved, the applicant
shall have ninety (90) days from the date of
the Planning Commission action granting
conditional approval, to submit a revised
preliminary development plan. If the
planning staff determine such revisions are
in conformance with the Planning Commission's
specific recommendations, it shall be
forwarded to the Board of Directors for
public hearing and disposition. If the
revisions are determined not to be in
conformance with the intent of the
conditional approval, the revised preliminary
development plan will be resubmitted to the
Planning Commission for public hearing.
2.c. DISAPPROVAL. If a preliminary development
plan is denied, the applicant may appeal to
the Board of Directors, provided a written
request is filed within thirty (30) days of
the denial by the Planning Commission. The
appeal process shall be consistent with the
Article IV, Section 4 -101 of the City Code of
Ordinances.
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3. FINAL DEVELOPMENT PLAN /PLAT
a. The applicant shall generally have one
year from the date of preliminary plan
approval to submit the final Development
Plan /Plat. In cases where a phased
preliminary development plan is approved,
an approved submission schedule for
incremental final Development Plan /Plat
shall be followed. Requests for
extensions shall be submitted in writing
to the Planning Commission, which shall
not unreasonably withhold approval. A
maximum of two one -year extensions may
be granted by the Planning Commission.
Additional extensions shall require
approval by the Board of Directors.
Time extensions must be applied for
before the time elapses for all
preliminary approvals, as well as
rezoning shall be considered for
revocation pursuant to Subsection G of
this Article.
b. The final Development Plan /Plat review
shall be conducted by the Planning staff
and Engineering Department staff. They
will review the final Development
Plan /Plat to determine that no
substantial changes were made to those
elements of the plan agreed upon in the
Preliminary Development Plan. In
addition to the information submitted
for Preliminary Plan /Plat approval, the
developer will be required to submit the
more detailed data and graphics as set
forth in Subsection F.2 (now E.2)
submission requirements. Variance from
these requirements shall not be
permitted by Staff.
C. The final Development Plan /Plat shall be
deemed to be in substantial compliance
with the Preliminary Development Plan
provided the plan /plat does not:
(1) Increase the proposed floor area
for nonresidential use by more than
5 percent.
(2) Increase total building coverage by
more than 5 percent.
(3) Increase building height by more
than 5 percent.
(4) Increase total number of dwelling
units by more than 5 percent within
a given phase. Fluctuation greater
than the above shall be permissible
provided overall density is
maintained.
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d. Approval or disapproval of a final
Development Plan /Plat by the Planning
staff shall occur within thirty days of
the filing of the plan. If the plan as
submitted contains variations of
substance from the previously approved
Preliminary Development Plan, the
Planning staff may, after meeting with
the landowner, refuse to grant final
approval and shall so advise the
landowner in writing of said refusal,
setting forth the reasons such
variations are not in the public
interest.
The landowner may either resubmit the
final Development Plan /Plat in
conformance with the Preliminary
Development Plan or file a written
appeal with the Planning Commission
within 45 days of the refusal date. In
the event such an appeal is filed, the
Planning Commission shall schedule a
public hearing to consider the
application.
e. All physical improvements on boundary
streets as required by the Plan /Plat
approval shall be accounted for in the
manner set forth by Subsection D.3,
Standard Form Planned Unit Development.
4. The Planning Staff review for final Plan /Plat
applications shall take into consideration
all other subsections of Section 9 -101, Items
G through J, as accomplished in review of
Standard Form Planned Unit Development.
Subsection g. That Chapter 43, Article VII -A, Section
7A -106, Planned Development be amended as follows:
Item No. 1, in paragraph two, to be deleted in its
entirety.
Item No. 2, in paragraph two, to be renumbered as
Item No. 1 and remain as presently written.
Item No. 3, in paragraph two, to be renumbered as
Item No. 2 and amended to read as follows:
(2) for which an application for a Planned Unit
Development - Short form is made to the Planning
Commission.
SECTION 2. An immediate need for a short form planned
unit development process exists, therefore, an emergency is
hereby declared and this ordinance being necessary for the
preservation of the public peace, health and safety shall be
in full force and effect from and after its passage.
PASSED: February 15, 1983
ATTEST: APPROVED:
C y Jerk ne Czech Mayor J. W. Bena e d
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