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HomeMy WebLinkAbout15571M ® M 498 ORDINANCE NO. 15,571 AN ORDINANCE AMENDING CHAPTER 36. OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR CERTAIN DEFINITION MODIFICATION AND PROCEDURAL REVISIONS, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 36. of the Code of Ordinances be amended as follows: Subsection a. That Chapter 36., Article VIII, Section 36- 502.(b) be amended to add new language to paragraph (b)(2)d. and to read as follows: d. Churches (and other places of worship) - One (1) space for every four (4) seats in new principal assembly areas or additions to currently existing structures. Choir seating and areas for folding chairs shall be counted. Twenty inches on a pew shall be considered one seat. Stacked parking may be authorized by the Planning Commission at the time of site plan reviews. Existing church buildings on the adoption date of this ordinance (November 1, 1988) shall be dealt with on the basis of one (1) parking space per five (5) seats as formerly required. Subsection b. That Chapter 36, Article VIII, Section 36 -507 be amended to provide for the modification of the language in the first paragraph to read as follows: h. LOCATION OF OFF - STREET PARKING: All parking spaces provided pursuant to this section shall be on the same lot with the building or within three hundred (300) feet thereof. The distance to any parking area as herein required shall be measured between the nearest point of the off - street parking facility and the nearest point of the building said parking area or facility is to serve. Off -site parking shall not exceed twenty -five (25) percent of the total number of spaces required by this section. The Board of Adjustment may D•3 3 1 • 465 authorize variance from this limitation for cause which shall be an identifiable hardship. All offsite parking shall be noted on the official zoning map so as to assure maintenance of the requirement. Subsection c. That Chapter 36., Article VII, Section _..._..6 -- 454 . ........................._. - -b 3 (d) — be amended to provide for a modification of the language and to read as follows: (3) Final Development Plan /Plat The applicant shall have three (3) years from the date of preliminary plan approval to submit the final development plan /plat. This provision shall apply to all Planned Unit Developments including those approved prior to November 1, 1988. (The adoption date of this provision.) 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 of time shall be submitted in writing to the Planning commission which may grant extensions of not less than one (1) year nor more than three (3) years. Time extensions must be applied for before the time elapses or all preliminary approvals as well as rezoning shall be invalid and cause removal of the P.U.D. record from the official zoning map. The final development plan /plat review shall be conducted by the Planning and Public Works 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. If substantial changes are found to have been made to the agreed elements, then the application must be resubmitted for preliminary development plan review. The staff will also determine that those elements conditioned by the Board of Directors were altered to meet the Board's specific requirements. In certain instances such a condominium construction final plan approval shall be held in abeyance until such time as an as -built survey has been accomplished and concurs with the final development plan /plat. 2 4 7 11 The final development plan /plat shall be deemed to be in substantial compliance with the preliminary development plan provided the plan /plat does not: a. Increase proposed floor area for nonresidential use by more than 5 percent. b. Increase total building cover by more than 5 percent. C. Increase building height by more than 5 percent. d. Increase total number of dwelling units by more than five (5) percent within a given phase. Fluctuation greater than the above shall be permissible, provided overall density is maintained. A public hearing need not be held to consider modifications on location and design of streets or facilities for water, storm water, sanitary sewers, or other public facilities required as a tentative condition of approval of the preliminary development plan. The burden shall, nevertheless, be upon the landowner to show the Planning Staff good cause for any variation between the preliminary plan previously approved, and the final plan /plat submitted for approval. If the Planning staff finds that only minor differences exist in the final development plan /plat, then the staff shall approve the final development plan /plat. Approval or disapproval of a final development plan /plat by the staff shall occur within sixty (60) days of the filing of the plan. It the plan as submitted contains variations of substance from the previously approved preliminary development plan, the 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 3 471 forty -five (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. After the final development plan /plat has been approved, the applicant shall enter into an agreement with the City to install the required public improvements. The applicant shall initiate this agreement in accordance with the provisions set forth in the Subdivision Regulations of the City of Little Rock. Subsection d. That Chapter 36., Article V, Division 3., Section 36 -280 (d) be amended to provide for modification of the language to read as follows: (d) HEIGHT REGULATIONS No building hereafter erected or structurally altered shall exceed a height of forty -five (45) feet at the required front, side or rear yard setback lines. Building heights proposed in excess of forty -five (45) feet may be authorized by the Planning Commission in conjunction with the site plan review. However, the following formula shall rule: At the height permitted at said yard setback lines, one foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines. In no instance shall the maximum height of the building exceed one hundred twenty (120) feet. S_u_b_se_c_t...i. _on _.,,.e. That Chapter 36., Article V, Division 4., Section 36 -300 (c) be amended for purposes of adding a new Conditional Use to be number 2.e., and serially restructure items a. through k. accordingly. The new use listing shall read as follows: e. Car wash S_ubsect„i,_o_n,....f. That Chapter 36., Article V, Division 4., Section 36 -300 (c) be amended to delete item 1.q., Car Wash, entirely and serially restructure items a. through qqq. accordingly. Subsection. _.g. That Chapter 36, Article V, Division 4., Section 86 -301 (c) be amended to delete in its entirety item (c).i.o. Car wash and serially restructure items a. through aaaa. accordingly. M 472 Su_b_s_e,ct._i._onh. That Chapter 36., Article V, Division 4., Section 36 -301 (c) be amended for purposes of adding a new conditional use to be numbered 2.h. and serially restructure items a. through r. accordingly. The new use listing shall read as follows: h. Car wash Subs,e.c_t...i.on,.,.,..,i.. That Chapter 36., Article I, Section 36 -2 definitions be amended to provide for the insertion of a definition to read as follows: Building, enclosed: A structure which by design and construction provides a solid roof, and walls on all sides. Subsec_t_i.on_.,j. That Ordinance Number 15,554, adopted September 20, 1988 (uncodified), be amended to change the language in Subsection e., paragraph (d) 3, a. through e., to read as follows: 3. Final Development Plan a. The applicant shall generally have three (3) years from the date of preliminary plan approval to submit the final development plat /plan. This provision shall apply to all Planned Unit Developments including those approved prior to November 1, 1988. (The adoption date of this provision.) In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plat /plan shall be followed. Requests for extensions shall be submitted in writing to the Planning Commission which may grant extensions of not less than one (1) year nor more than three (3) years. Time extensions must be applied for before the time elapses or all preliminary approvals as well as rezoning shall be invalid and cause removal of the P.U.D. record from the official zoning map. 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 5 information submitted for preliminary plan /plat approval, the developer will be required to submit more detailed data and graphics as set forth in Section 9- 101.F.2. long form 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 five (5) percent. (2) Increase total building coverage by more than five (5) percent. (3) Increase building height by more than five (5) percent. (4) Increase total number of dwelling units by more than five (5) percent within a given phase. Fluctuation greater than the above shall be permissible provided overall density is maintained. d. Approval or disapproval of a final development plan /plat by the Planning staff shall occur within thirty (30) 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 forty -five (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. y 4`3 e. All physical improvements on boundary streets as required by the plan /plat approval shall be accounted for in the manner set forth by Section 36 -454, Standard (Long) Form Planned Unit Development. Subsection k. That Chapter 36., Article III, Section 36 -154 be amended to provide for the introduction of a new paragraph to be (e) and to read as follows: e. For purposes of this section, the use "car wash" shall be treated as follows: Those car washes in operation as principal uses on November 1, 1988 and are conforming uses within the "C -2" Shopping Center District and "C -3" General Commercial District, shall not be deemed to require a Conditional Use Permit for reconstruction if damaged by storm or fire to any degree. These car washes shall be treated as if appropriate Conditional Use Permits have been issued except in the event of a building expansion which shall require Planning Commission approval. SECTION 2. That this ordinance take effect thirty (30) days from and after its passage. PASSED: November 1, 1988 ATTEST:_ .......... . .. ......... APPROVED:_. VLI�X� City Clerk Assistant Mayor 7 474