HomeMy WebLinkAbout167981 ORDINANCE NO. 16,798
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AN ORDINANCE AMENDING ARTICLE VII OF
3 CHAPTER 36 OF LITTLE ROCK CODE OF
4 ORDINANCES, AUTHORIZING THE CITY TO
5 REVIEW AND CONSIDER SINGLE USE AS
6 WELL AS MULTIPLE USE PLANNED
7 DEVELOPMENTS, DECLARING AN EMERGENCY
AND FOR OTHER PURPOSES.
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9 WHEREAS, a recent Arkansas Supreme Court decision in the
10 case of City of Little Rock v. Pfeifer, Ark. Sup. Ct. No. 93 -786
11 (November 14, 1994) has called into question the authority of
12 the City to consider single use planned unit developments, as
that term is defined in the current ordinance provisions; and
13 SEAS, a number of single use developments proceeding
14 through the review process are dependent upon the City's
15 authority to consider the development under Article VIZ of the
16 zoning ordinance; and
17 WHEREAS, the City Attorney, upon consultation with persons
interested in this matter, and upon recommendation of approval
18 of the Little Rock Planning Commission at a special meeting held
19 on December 20, 1994, has prepared this ordinance to clearly
20 authorize single use as well as multiple use planned development
21 applications; and
WHEREAS, it is in the best interest of the health, safety
22 and welfare of the citizens of the city that this ordinance be
23 adopted.
24 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
25 THE CITY OF LITTLE ROCK, ARKANSAS.
26 Section 1. Article VII of Chapter 36 of Little Rock, Ark.
27 Revised Codes (1988) is hereby deleted in its entirety and
amended to read as follows:
28 ARTICLE VII. PLANNED ZONING DISTRICTS
29 Sec. 36 -451. General Purpose.
30 (a) The purpose of this article is to enact and set out the
31 criteria for the two planned zoning districts:
32 (i) Planned Unit Development (PUD) which is more
specifically known as Planned Residential District
33 (PRD); Planned Office District (POD); Planned
34 Commercial District (PCD); and Planned Industrial
35 District (PID).
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1 ORDINANCE NO. 16,798
2
AN ORDINANCE AMENDING ARTICLE VII OF
3 CHAPTER 36 OF LITTLE ROCK CODE OF
4 ORDINANCES, AUTHORIZING THE CITY TO
5 REVIEW AND CONSIDER SINGLE USE AS
6 WELL AS MULTIPLE USE PLANNED
7 DEVELOPMENTS, DECLARING AN EMERGENCY
AND FOR OTHER PURPOSES.
8
9 WHEREAS, a recent Arkansas Supreme Court decision in the
10 case of City of Little Rock v. Pfeifer, Ark. Sup. Ct. No. 93 -786
11 (November 14, 1994) has called into question the authority of
12 the City to consider single use planned unit developments, as
that term is defined in the current ordinance provisions; and
13 SEAS, a number of single use developments proceeding
14 through the review process are dependent upon the City's
15 authority to consider the development under Article VIZ of the
16 zoning ordinance; and
17 WHEREAS, the City Attorney, upon consultation with persons
interested in this matter, and upon recommendation of approval
18 of the Little Rock Planning Commission at a special meeting held
19 on December 20, 1994, has prepared this ordinance to clearly
20 authorize single use as well as multiple use planned development
21 applications; and
WHEREAS, it is in the best interest of the health, safety
22 and welfare of the citizens of the city that this ordinance be
23 adopted.
24 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
25 THE CITY OF LITTLE ROCK, ARKANSAS.
26 Section 1. Article VII of Chapter 36 of Little Rock, Ark.
27 Revised Codes (1988) is hereby deleted in its entirety and
amended to read as follows:
28 ARTICLE VII. PLANNED ZONING DISTRICTS
29 Sec. 36 -451. General Purpose.
30 (a) The purpose of this article is to enact and set out the
31 criteria for the two planned zoning districts:
32 (i) Planned Unit Development (PUD) which is more
specifically known as Planned Residential District
33 (PRD); Planned Office District (POD); Planned
34 Commercial District (PCD); and Planned Industrial
35 District (PID).
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(ii) Planned Developments (PD) which is more specifically
known as PD- Residential• PD- Office; PD- Commercial
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and PD- Industrial.
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(b)
The planned unit development and planned development
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districts are established to permit the combination of
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subdivisions and zoning review for parcels of land into one
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process in order that all aspects of a proposed development
can be reviewed and acted upon simultaneously. It is also
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the intent of this article to permit the use of flexible
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guidelines rather than fixed zoning or subdivision
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regulations in the administrative review of specific
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development plans. By permitting and encouraging the use of
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such procedures, the planning commission and board of
directors will be able to make more informed land use
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decisions and thereby guide development more effectively in
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the best interest of the health, safety and welfare of the
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city.
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(c)
It is the intent of this article to assure that
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applications for PUD and PD are not granted for the sole
benefit of the applicant, but are used to establish
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developments that:
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(i) are compatible with the surrounding area;
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(ii) are harmonious with the character of the
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neighborhood;
(iii) do not have a negative effect upon the future
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development of the area;
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(iv) permit coordination of the planning of the land
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surrounding the PUD or PD; and
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(v) create a desirable and stable environment.
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(d)
It is also the intent of this article to encourage:
(1) Superior development and redevelopment which
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is more desirable than that which would
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occur through strict application of this
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chapter and chapter 31 of this Code.
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(2) Provision of more usable and suitably
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located open space, recreation areas and
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other common facilities than would otherwise
be required under conventional land
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development regulations.
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(3) Maximum enhancement and minimal disruption
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of existing natural features and amenities.
(4) Comprehensive and innovative planning and
design of diversified yet harmonious
developments consistent with the urban
development goals and the municipal plan.
(5) More efficient and economic arrangement of
varied land use, buildings, circulation
systems and facilities.
(6) Project phasing that will ensure the
balanced and coordinated development of
varied land uses and public facilities and
services needed to support them.
(7) Better utilization of sites characterized by,,
special features of geographic location,
topography, size or shape.
(8) Preparation of more complete and useful
information which will enable the planning
commission and board of directors to make
more informed decisions on land use.
(9) Flexible administration of general
performance standards and development
guidelines.
Sec. 36 -452. Districts and District Regulations.
In addition to zoning districts established elsewhere in
this chapter, the following planned zoning districts are
established and shall be designated on the official zoning map
upon application of the owner or authorized agent and approval
by the board of directors of the preliminary plan. In those
instances where the short form application procedure is
utilized, the planning commission is not required to approve the
final plan.
(1) Residential Districts:
(a) Purpose and Intent. The PRD district is intended
to accommodate mixed or clustered residential
developments. The PD- residential district is
intended to accommodate single use residential
developments which are determined to be more
appropriate for a PD application than a general
residential . reclassification. The legislative
purposes, intent, and
districts are as follows:
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1. To encourage a variety and flexibility
in land development and land use for
predominately residential areas,
consistent with the long -range
comprehensive plan and the orderly
development of the city.
2. To provide a framework within which an
effective relationship of different land
uses and activities within a single
development, or when considered with
abutting parcels of land, can be planned
on a total basis.
3. To provide a harmonious relationship
with the surrounding development,
minimizing such influences as land use
incompatibilities, heavy traffic and
congestion, and excessive demands on
planned and existing public facilities.
4. To provide a means of developing areas
with special physical features to
enhance natural beauty and other
attributes.
5. To encourage the efficient use of those
public facilities required in connection
with new residential development.
b. Permitted uses. Permitted uses shall include:
1. All residential uses permitted by the
municipal plan and compatible with the•
density of the area.
2. Parks, recreation facilities and open
space.
3. Public and institutional uses such as
schools, churches and public utilities.
4. Incidental cor..mercial and office.
(2) Office districts:
a. Purpose and intent. The POD district is intended
to accommodate planned office developments, as
well as mixed use developments combining
residential,, commercial, or both, with office uses
in a carefully planned configuration in such a
manner as to protect and enhance the viability of
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each independent use. The PD- office district is
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intended to accommodate single use office
developments which are determined to be more
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appropriate for a PD application than a general
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office reclassification. The legislative purposes,
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intent and application of these districts include,
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but are not limited to the following:
1. To encourage the clustering of office
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activities within areas specifically
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designated to accommodate such uses.
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2. To provide for the orderly development
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of office activities to minimize adverse
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impact on surrounding areas and on the
general flow of traffic.
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3. To encourage orderly and systematic
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office or mixed use development design,
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providing for the rational placement of
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activities, vehicular and pedestrian
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circulation, access and egress, loading,
landscaping and buffer strips.
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4. To encourage office development which is
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consistent with the long range
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comprehensive plan of the city.
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5. To facilitate residential development in
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a multiuse configuration incorporating
office uses.
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6. To accommodate larger scale suburban
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developments of mixed uses in a-
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harmonious relationship.
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b. Permitted uses. Permitted uses in these districts
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shall include:
1. Office uses.
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2. Public and institutional uses.
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3. Residential uses appropriate to the
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scope and character of the development.
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4. Commercial or retail uses, or a
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combination thereof, may be allowed if
deemed appropriate, consistent and
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complimentary to office development.
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3. Commercial districts:
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a. Purpose and intent. The PCD district is intended
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to accommodate multiple use developments
containing any combination, including multiple
combinations of commercial, office or residential
uses, in a carefully planned configuration in such
a manner as to protect and enhance the viability
of each independent use. The PD- commercial
district is intended to accommodate single use
commercial developments which are determined to be
more appropriate for a PD application than a
general commercial reclassification. The
legislative purposes, intent and application of
these districts but are not limited to,
the following:
1. To encourage the clustering of
commercial and office activities within
areas specifically designated to
accommodate such uses and to discourage
the proliferation of commercial uses
along major thoroughfares and
noncommercial areas.
2. To provide for orderly development in
order to minimize adverse impact on
surrounding areas and on the general
flow of traffic.
3. To encourage orderly and systematic
commercial, office or mixed use
development design or a combination
thereof, providing for the rational -
placement of activities, vehicular and
pedestrian circulation, access and
egress, loading, landscaping and buffer
strips.
4. To encourage commercial development
which is consistent with the long -range
comprehensive plan of the city.
5. To accommodate larger scale suburban
developments of mixed uses in a
harmonious relationship.
Permitted uses. Permitted uses in this district
shall include:
1. Commercial uses, wholesale, retail, or
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-IRV____
both.
2. Public and institutional uses.
3. Office uses.
4. Light industrial uses, provided that
gross area per use generally does not
exceed five thousand (5,000) square feet
and that at least fifty percent (50 %) of
the floor area is used for retail sales.
5. Residential uses appropriate to the
design of the project.
4. Industrial districts:
a. Purpose and intent. The PID district is intended
to accommodate industrial parks. The PD- industrial
district is intended to accommodate single use
industrial developments which are determined to be
more appropriate for a PD application than a
general industrial reclassification. The
legislative purpose, intent and application of
these districts include, but are not limited to,
the following:
1. To provide for manufacturing activities
in a manner compatible with the
surrounding area.
2. To encourage the application, of sound
planning and design principles in the
orderly development of industrial
activities.
3. To maximize manufacturing potential -
without adversely affecting the living
environment of the community.
b. Permitted uses. Permitted uses in these districts
shall include:
1. Industrial uses.
2. Ancillary commercial and office uses
compatible with the design and scale of
the project.
Sec. 36 -453. Eligibility Requirements and Staging.
(a) Generally. The three (3) standards of eligibility which
shall be met by.a PUD or PD application are location,
ownership and size. Projects may be staged at the option of
the developer.
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(b)
Location. Eligible properties include those located within
the city limits and lands outside the corporate limits over
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which the city exercises zoning jurisdiction as permitted
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by law.
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(c)
Ownership. Eligible applicants for preliminary plan review
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shall be a landowner of record or an authorized agent. The
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approved final development plan shall be binding on all
subsequent owners of the land until revised or repealed as
authorized in this article.
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(d)
Staging. While this article encourages submission of
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comprehensively planned development proposals of entire
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ownerships, a preliminary plan need not cover the entire
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property owned by the applicant. Applicants may choose. to
submit a phased development program incorporating
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incremental final plan for subareas of the entire
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ownership. Although the entire ownership must be shown, a
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boundary survey or some type of device showing streets,
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drainage or other boundary feature must be provided in
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order to phase development. In such cases the applicant
shall adhere to the approved development schedule for the
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phase submission of final plan. If the applicant cannot
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adhere to the time period approved, he may submit a written
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request for extension from the planning commission. A
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maximum of two (2) one -year extensions may be granted by
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the planning commission which, upon demonstration of good
cause by the applicant, shall not unnecessarily withhold
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approval. Additional extensions shall require approval of
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the board of directors.
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Sec.
36 -454. Application Review Procedure
25
(a)
Generally. The application procedure shall consist of three
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(3) phases:
(1) A preapplication conference with the staff of the
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department of the city having planning authority
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and responsibility.
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(2) A preliminary development plan reviewed by the
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planning commission and board of directors. For
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purposes of this article, a preliminary or final
plan shall also include a plat when required by
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chapter 31,of this code.
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(3) Final development plan approved as a whole or in
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phases by the planning commission following its
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1 review for conformity with the preliminary
2 development plan.
The final development plan shall be approved prior to the
3 issuance of any building permits within any portion of the
4 planned unit development. The final development plan shall be
5 recorded as approved prior to the issuance of a building permit.
6 (b) Preapplication Conference. Before submitting an application
7 the landowner or authorized agent shall confer with city
staff in order to become familiar with the development
8 review process. The staff shall inform the applicant of any
9 perceived problems that may arise. A further purpose of the
10 Preapplication conference is to make sure that the
11 applicant has, or will be able to, submit the necessary
12 information for filing the application. The intent of this
conference is to provide guidance to the applicant prior to
13 incurring substantial expense in the preparation of plans,
14 surveys and other data required in a preliminary plan.
15 (c) Preliminary Development Plan Review. An applicant seeking a
16 PUD or PD rezoning of a parcel of property shall submit to
17 the planning department a preliminary plan and all the
necessary fees at the time of the filing.
18 The preliminary plan will be reviewed by planning staff and
19 affected city departments, and their recommendations shall be
20 forwarded to the planning commission. A public hearing for the
21 preliminary plan shall be set not later than sixty (60) days
after filing and shall be legally advertised as specified in the
22 zoning ordinance.
23 At the public hearing before the planning commission, the
24 applicant and interested citizens will have the opportunity to
25 discuss the merits of the development proposal. The planning
26 commission will assess the proposal in light of ordinance
guidelines and will take action after weighing the
27 recommendations of the staff, the developer's presentation and
29 the community response. The commission shall approve, grant
29 approval conditioned on specified modifications, or disapprove
30 the development proposal. The applicant shall receive written
31 notification of the action taken by the planning commission
32 within ten (10) days of the meeting date.
If the preliminary plan is approved by the planning
33 commission, it will be forwarded to the board of directors for
34 their review. The board of directors may grant or deny as
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submitted or as amended, defer for requested changes or
information, or, return the application to the planning
commission for further study. The board may direct the planning
commission to reconsider specific aspects of the preliminary
plan. I£ the preliminary plan is approved, an ordinance shall be
prepared which incorporates the plan or conditions. The city
shall not issue. any building or occupancy permits until the
specified conditions or modifications are met.
If a preliminary plan is conditionally approved, the
applicant shall have ninety (90) days from the date of the
planning commission action granting approval to.submit a revised
preliminary plan. If the planning staff determines 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 development plan will be
resubmitted to the planning commission for public hearing.
Appeals from the action of the planning commission shall be
filed with the city clerk. The content of the appeal filing
shall consist of (1) a cover letter addressed to the mayor and
board of directors setting forth the request; (2) a copy of the
application indicating the planning commission action and
properly executed by the staff. This filing shall occur within
thirty (30) calendar days of the action of the planning
commission.
(d) Final Development Plan. The applicant shall have three (3)
years from the date of preliminary plan approval to submit
the final development plan. Requests for extensions of time
shall be submitted in writing to the planning commission
which may, grant extensions.of not more than three (3)
years.
Time extensions shall be applied for before expiration.
Failure of the applicant to file a timely extension may result
in revocation of the approval.
The final development plan review shall be conducted by the
planning and public works staff. They will review the final plan
to determine that no substantial changes were made to those
elements of the plan agreed upon in the preliminary plan. If
substantial changes are found to have been made to the agreed
elements, then the application must be resubmitted for
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preliminary 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 as condominium construction, final plan approval
shall be held in abeyance until such time as an as -built survey
is prepared and concurs with the final plan.
The final plan shall be deemed to be in substantial
compliance with the preliminary plan provided the plan does not:
(1) Increase proposed floor area for nonresidential
use more than five percent (5 %).
(2) Increase total building coverage more than five
percent (59-).
(3) Increase building height more than five percent
(5 %).
(4) Increase total number of dwelling units more than
five percent (5 %) within a given phase.
Fluctuation greater than the above shall be
permissible, provided overall density is
maintained.
No public hearing is necessary to consider modifications on
location and design of streets or facilities for water,
stormwater, sanitary sewers, or other public facilities required
as a tentative condition of approval of the preliminary plan.
The burden is on the applicant to justify any variation between
the approved preliminary plan and the final plan.
If the planning staff finds that only minor differences
exist in the final plan, the staff shall approve the final plan.
Approval or disapproval of a final plan by the staff shall occur
within sixty (60) days of the filing of the plan. The applicant
may either resubmit the final plan in conformance with the
preliminary plan, or file a written appeal with the planning
commission within thirty (30) days of the refusal.
After the final plan has been approved, the applicant shall
enter into an agreement with the city to install the required
public improvements in accordance with chapter 31 of this code.
Sec. 36 -455: Reserved.
Sec. 36 -456. Submission Requirements.
As part of the application process, the applicant shall be
required to submit the following documents and information:
(1) Preliminary Plan Submittal.
a. A statement describing the character of
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C.
d.
the development and including
the
rationale behind the assumptions
and
choices made by the application.
Quantitative data including
the
following information:
1. Parcel size.
2. Types and numbers of permitted
uses and floor areas according
to Article V of this chapter.
3. Proposed building coverage.
4. Total acreage of private and
common usable and nonusable
open space by type.
A topographical cross section map.of
the
site.
A site plan meeting the following
requirements:
1. Submitted on a sheet not to
exceed twenty -four (24) inches
by thirty -six (36) inches, or
less than twelve (12) inches
by twenty -four (24) inches and
containing a small scale
vicinity map.
2. To scale (scale indicated) and
directionally oriented.
3. Proposed lot lines and plot
designs.
4. Existing and proposed
circulation system of all
streets (arterial, collector,
residential) including
off - street parking areas,
service areas, loading areas,
and major points of access to
public rights -of -way (ingress
and egress).
5. Existing and proposed
pedestrian circulation
systems.
6. Proposed treatment of the
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perimeter of the property,
including materials and
techniques used such as
screens, fences and walls as
well as description of uses,
setbacks and their
relationship to surrounding
uses.
General schematic landscape
plan of the treatment of the
area used for private and
common open spaces (including
open space buffers).
Location and size of all areas
to be conveyed, dedicated or
reserved as common open
spaces, public parks,
recreational areas, school
sites and similar public and
senipublic use.
Location, dimensions, nature
of all existing and proposed
easements (utility, streets)
and public improvements
(drainage, sewers, water,
etc.)
Indication of location of
structures and structure
dimensions, dimensioned
distances between buildings
and distances from structures
to property lines.
Description of the following
existing conditions of the
property:
(i) Contours at
two -foot
intervals.
(ii) watercourses.
(iii) Floodplains.
(iv) Unique natural
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1 features.
2 (v) Forest cover.
12. A legal description of the
3 total site proposed for
4 development, including a
5 statement of present and
6 proposed ownership and present
7 and proposed zoning.
13. A development schedule
S indicating the approximate
9 date when construction of the
10 planned unit development or
11 stages of the planned unit
12 development can be expected to
begin and be completed.
13 14. A statement of the applicant's
14 intentions with regard to the
15 future selling or leasing of
16 all or portions of the planned
17 unit development, including
land areas and dwelling units.
18 15. An approved preliminary plat
19 in accordance with chapter 31.
20 16. The location of handicapped
21 parking stalls and
22 accessibility requirements of
Arkansas State Fire Code.
23 e. In addition to the graphic and.
24 supporting documentation required for
25 filing, the owner shall provide a
26 graphic or narrative outline of methods
27 to be employed to protect permanent
undisturbed buffers. The outline /plan
2S shall be filed for review by the
29 planning commission not later than the
30 filing date set by the calendar.
-y, (2) Final plan submittal. The final plan shall contain or
32 include with the following, all information required in a
preliminary plan, plus the following:
33 a. A letter from the applicant requesting final
34 development plan review.
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b. A description of the maintenance provisions of the
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development.
C. Final subdivision plat.
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d. Survey of the property.
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e. The proposed development schedule including
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starting date and dates when various phases are
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projected to be completed.
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f. A site plan with the required preliminary plan
information, plus the following:
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1. Indication in feet of the interior curb
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radius for all vehicle turning movements
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within, into and off the site.
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2. Illustration of proposed street improvements,
to be provided in relation to property lines
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including additional dedication, if required,
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and width of curb cuts and sidewalks, if
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required.
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3. Illustration of existing and proposed water
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supply for fire protection, utility systems
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including sanitary sewers, storm sewers and
water, electric, gas and telephone lines, and
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evidence of approval from the responsible
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jurisdictions or companies.
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4. Illustrations of locations of structures and
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structure dimensions, dimensioned distances
between buildings, and distances from
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structures to property lines indicating any
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changes from the preliminary plan.
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5. A landscaping and screening plan showing the
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location, size, and specific types of
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landscaping materials, fencing and other
buffers from other than single - family
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developments.
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6. A detailed scheduled of events for final plat
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recording when associated with a condominium
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development. This schedule should outline the
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steps taken whereby the final plat will not
be filed until the buildings are completed;
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condominium plat and final subdivision plat
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in this instance will be the same instrument.
34
The building permits may be issued upon
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Sec.
Sec.
request by the owner or developer based on
the approved final development plan and the
approved preliminary subdivision plat. The
engineer of record shall provide planning
staff with copies of the proposed condominium
or final plat as proposed for recording.
Planning staff will ensure that all
requirements have been met, and that the plat
will be proper for recording subject to an
as -built survey of the site.
g. All legal instruments as specified by section
36 -459.
h. Filing fee as required by chapter 23 of this code..
36 -457. Application fee.
(a) Filing fees for PUD and PD applications are
designated in chapter 23 of this code.
(b) In the event that a preliminary plan application is
withdrawn prior to planning commission action, the
applicant shall be entitled to a refund as
established by the planning commission; provided,
however, there shall be no refunds of any portion
of fees paid on applications amended or denied in
the review process. If a new application is filed
on the same, or portion of the same, property after
a prior petition has been acted upon or withdrawn,
the subsequent application shall be considered a
new application and fees charged accordingly.
36 -458. Revocation.
(a) The planning commission may recommend to the board
of directors that any PUD or PD approval be revoked
and all building or occupancy permits be voided
under the following circumstances:
(1) If the applicant has not submitted a final
development plan to the staff within one (1) year
of preliminary plan approval. Where an optional
staged development plan is utilized in accordance
with section 36 -453 (d), the affected portion of
the approved preliminary plan may be revoked in
its entirety or to the extent of that portion on
which a final plan has not been submitted and
approved.
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1 (e) If no building permit has been issued within two
2 (2) years from the recording date of the final
plan, or initial plan of a staged final plan, and
3 the applicant has not been granted an extension.
4 (3) If the applicant does not adhere to the phased
5 development schedule as stated in the approved
6 preliminary plan.
(4) If the construction and provision of all common
open spaces and public and recreational facilities
8 which are shown on the final plan are proceeding
9 at a substantially slower rate than other project
10 components.
11 From time to time, the planning commission shall compare
12 the actual development accomplished with the approved
development schedule. If the planning commission finds that the
13 rate of construction of dwelling units or other commercial or
14 industrial structures is substantially greater than the rate at
15 which common open spaces and public recreational facilities have
16 been constructed and provided, then the planning commission may
17 initiate revocation action or cease to approve any additional
final plans if preceding phases have not been finalized. The
18 city may also issue a stop work order, or discontinue issuance
19 of building or occupancy permits, or revoke those previously
20 issued.
21 (b) Procedures. Prior to a recommendation of revocation,
22 notice by certified mail shall be sent to the landowner or
authorized agent giving notice of the alleged default, setting a
23 time to appear before the planning commission to show cause why
24 steps should not be made to totally or partially revoke the PUD
25 or PD. The planning commission recommendation shall be forwarded
26 to the board of directors for disposition as in original
27 approvals. In the event a PUD or PD is revoked, the board of
directors shall take the appropriate action to prohibit any
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further development and shall file for record such action in the
29 city clerk's office and the public zoning record duly noted.
30 (c) In the event of revocation, any completed portions of
31 the development or those portions for which building permits
32 have been issued shall be treated to be a whole and effective
development. After causes for revocation or enforcement have
33 been corrected, the board of directors shall expunge such record
34 as established above, and the planning commission shall resume
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approval of the final development plan and shall authorize
continued issuance of building permits.
Sec. 36 -459. Bills of assurance, covenants, trusts and homeowner
associations.
(a) The developer shall create such legal entities as
appropriate to undertake and be responsible for the ownership,
operation, construction, and maintenance of private roads,
parking areas, common usable open space, community facilities,
recreation areas, building, lighting, security measures and
similar common elements in a development. The city encourages
the creation of homeowner associations, funded community trusts
or other nonprofit organizations implemented by agreements,
private improvement districts, contracts and covenants. :,All
legal instruments setting forth a plan or manner of permanent
care and maintenance of such open space, recreational areas and
communally -owned facilities shall be approved by the city
attorney as to legal form and effect, and by the planning
commission as to the suitability for the proposed use of the
open areas. The aforementioned legal instruments shall be
provided to the planning commission together with the filing of
the final plan, except that the bill of assurance shall be.filed
with the preliminary plan or at least in a preliminary form.
(b) If the common open space is deeded to a homeowner
association, the developer shall file with the plat a
declaration of covenants and restrictions in the bill of
assurance that will govern the association with the application
for final plan approval. The provisions shall include, but not
necessarily be limited to, the following:
(1) The homeowners' association must be legally
established before building permits are granted.
(2) Membership and fees must be mandatory for each
home buyer and successive buyer.
(3) The open space restrictions must be permanent,
rather than for a period of years.
(4) The association must be responsible for the
maintenance of recreational and other common
facilities covered by the agreement and for all
liability insurance, local taxes and other public
assessments.
(5) Homeowners must pay their pro rata share of the
initial cost; the maintenance assessment levied
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by the association must be stipulated as a
potential lien on the property.
(6) The association must be able to adjust the
assessment to meet changed needs.
Sec. 36 -460. Development standards, conditions and review
guidelines.
(a) The planning commission shall consider a proposed PUD
or PD in light of the intent, purpose, standards and review
guidelines set forth herein. Primary emphasis shall be placed
upon achieving compatibility between the proposed development
and surrounding areas so as to preserve and enhance the
neighborhood. Proper planning shall involve a consideration of
water conservation, preservation of natural site amenities,:• and
the protection of watercourses from erosion and siltation. The
planning commission shall determine that specific development
features, including project density, building locations, common
usable open space, the vehicular circulation system, parking
areas, screening and landscaping, and perimeter treatment shall
be combined in such a way as to further the health, safety,
amenity and welfare of the community. To these ends, all
applications filed pursuant to this article shall be reviewed in
accordance with the same general review guidelines as those
utilized for zoning and subdivision applications.
(b) Residential density. Residential densities shall be
determined on the basis of the following considerations: The
densities of surrounding development; the densities allowed
under the current zoning; the urban development goals and other
policies of the comprehensive plan, the topography and character
of the natural environment, and the impact of a given density on
the specific site and adjacent properties. The following
specific guidelines shall be used in evaluating an application:
Units Per Residential Unit Guidelines Gross Acre
Single - family 4
Zero -lot -line (patio homes) 4 -6
Duplex, townhouse 6 -12
Garden apartment
(l or 2 floors) 13 -18
Medium -rise apartments 19 -24
High -rise apartment
(over 6 floors) 25+
(c) Maximum coverage. The planning commission shall review
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1 specific proposed lot coverages which generally correspond to
2 the guidelines for lot coverage in the respective residential,
office, commercial or industrial district which most depicts
3 said development scheme.
4 (d) Lot size. There shall be no minimum standards although
5 existing standards of this chapter and chapter 31 shall be used
6 as a guide.
7 (e) Setback. There shall be no minimum standards although
existing standards of this chapter and chapter 31 will be used
8 as a guide.
9 (f) Building height. There shall be no maximum building
10 heights except as may be determined by the planning commission
11 during the review of the preliminary development plan based,, on
12 the uses within the development and the proximity of the
development and the proximity of the development to existing or
13 prospective development on adjacent properties. Building height
14 within a development nay differ from parcel to parcel, but in no
15 instance shall building heights within a parcel exceed the
16, height generally permitted for similar uses within the
17 conventional zoning district wherein the use would normally be
located. A lesser .height may be established by the planning
1s commission when it is deemed necessary to provide adequate light
19 and air to adjacent property and to protect the visual quality
20 of the community.
21 (g) Screening and landscaping. In order to enhance the
integrity and attractiveness of the development, and when deemed
22 necessary to protect adjacent properties, the planning
23 commission shall require landscaping and screening as a part of
24 a planned unit development. The nature and extent of screening
25 and landscaping required shall be determined by the planning
26 commission in relation to the overall character of the
27 development and its specific location. In no instance, however,
shall landscaping be less than that required by chapter 15,
78 article IV. This shall especially apply to planned unit
29 development projects where a change to a more intense use is
30 I proposed and there are existing buildings and improvements. As
31 part of the final development plan, a detailed screening and
32 landscaping plan shall be submitted to the planning commission.
Landscape plans shall show the general location, type and
33 quality (size and age) of plant material. Screening plans shall
34 include typical details of fences, berms and plant material to
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1 be used. Existing trees shall be preserved whenever possible.
2 The location of trees must be considered when planning the
common open space, location of buildings, underground services,
3 walks, paved area, playgrounds, parking areas, and finished
4 grade levels.
5 (h) Open space. Well designed open space is an important
6 factor in providing for innovative design and visual
7 attractiveness. open space shall be evaluated utilizing the
following general guidelines:
8 (1) A minimum of ten (10) to fifteen (15) percent of
9 gross planned residential district (PRD) areas
10 shall be designated as common usable open space.
11 (2) Single - family, duplex, zero -lot -line and townhouse
12 developments shall have a minimum of five hundred
(500) square feet of usable private open space per
13 unit.
14 (3) No more than one -half of the common usable open
15 space may be covered by water.
16 (4) At least fifty (50) percent of the required common
17 usable open space shall conform to the average
overall slope within the development.
18 (5) Recreation facilities or structures and their
19 accessory uses located in common areas shall be
20 considered as usable open space as long as the
21 total impervious surfaces such as paving and roofs
constitute no more than ten (10) percent of the
22 total open space.
23 (6) Landscaped roof areas, accessible to - all
24 residents, may be counted as usable common open
25 space at a value of sixty (60) percent of the
26 actual roof area devoted to their use.
(7) A minimum of ten (10) percent of gross planned
27 commercial mixed use district (PCD) or planned
28 office district (POD) area shall be designated as
29 landscaped open space not to be used for streets
30 or parking.
31 (i) Traffic circulation. The following traffic circulation
32 guidelines shall apply:
(1) The adequacy of both the internal and external street
33 systems shall be reviewed in light of the projected future
34 traffic volumes.
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(2) S ites without access to either collector or arterial
streets shall be developed at a density not to exceed
twelve (12) units per, gross acre.
(3) The traffic circulation system shall be comprised of a
hierarchal scheme of local, collector and arterial streets,
each designed to accommodate its proper function, and in
a3ppropriate.relationship with one another.
(4) Design of the internal street circulation system must be
sensitive to such considerations as safety, convenience,
separation, of vehicular and pedestrian traffic, general
attractiveness, access to dwelling units and the proper
relationship of different land uses.
(5) Internal collector streets shall be coordinated with "the
existing external street system, providing for the
efficient flow of traffic into and out of the planned unit
development.
(6) Internal local streets shall be designed to discourage
through traffic within the planned unit development and to
adjacent areas.
(7) Design provisions for ingress and egress for any site along
with service drives and interior circulation shall be that
required by chapter 31 of this Code.
(j) Parking standards. The off - street parking and loading
standards found in article VIII of this chapter shall apply to
the specific gross usable or leasable floor areas of the
respective use areas.
(k) Perimeter treatment. Notwithstanding any other
provisions of a planned zoning district, all uses of -land or
structures shall meet the open space, buffer or green strip
provisions of this chapter and chapters 15 and 21 of this Code.
(1) Financing of public improvements. Where financing for
public improvements needed to accommodate a proposed planned
unit development is insufficient, the planning commission shall
encourage the applicant to establish improvement districts or
other equitable means of financing these improvements.
Sec. 36 -461. Modification of approved recorded plans by planning
director.
If an approved and recorded plan of a PUD or PD is
presented for issuance of a building permit and the plan is at
variance with the standards and conditions set forth in this
chapter, the planning director may issue exceptions within the
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I following guidelines:
2 (1) Does not increase the proposed floor area for
nonresidential use by more than five (5) percent. Does
3 not increase total number of dwelling units by more
4 than five (5) percent within a given phase.
5 Fluctuation greater than the above shall be
6 permissible provided overall density is maintained.
7 (2) Does not increase total building coverage by more than
five (5) percent.
8 (3) Does not increase building height by more than five
9 (5) percent to a maximum of eight (8) feet for
10 buildings less than four (4) stories nor more than one
11 (1) story for - buildings greater than four' (4) stories.
12 (4) Provides for a decrease of up to ten (10) percent in
either land coverage, height or numbers of dwelling
13 units.
14 (5) The owner did not exercise the variance rights
15 contained in section 36- 454(d).
16 Sec. 36 -462. Short form.
17 (a) General purpose. Applicants for small -scale development
are offered inducements to use the PUD or PD process by reducing
18 the time and cost factors. The process is deemed necessary to
19 assure control of certain small developments while providing the
20 small -scale developer a means of gaining commitment without
21 undue financial risk. This process will at the same time afford
the neighborhood an involvement prior to final commitment.
22 Specifically, the purposes of this article are to encourage:
23 (1) Superior development and redevelopment which -is more
24 desirable than that which would occur through strict
25 application of the zoning and subdivision ordinances;
26 (2) Provision of more usable and suitably located open
space, recreation areas and other common facilities
27 than would otherwise be required under conventional
28 land development regulations;
29 (3) Maximum enhancement and minimal disruption of existing
30 natural features and amenities;
31 (4) Comprehensive and innovative planning and design of
32 diversified yet harmonious development consistent with
the urban development goals and the municipal plan;
33 (5) More efficient and economic arrangement of varied land
34 use, buildings, circulation systems, and facilities;
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(6) Project phasing that will ensure the balance and
coordinated development.of varied land uses and public
facilities and services needed to support them;
(7) Better utilization of sites characterized by special
features of geographic location, topography, size, or
shape;
(a) Preparation of more complete and useful information
which will enable the planning commission and board of
directors to make more informed decisions on land use;
(9) Flexible administration of general performance
standards and development guidelines.
(b) Zoning districts. The districts available for short
form development shall be the same as those established -for
long form under section 35 -454.
(c) Eligibility requirements and staging. The three (3)
standards of eligibility which must be met are location,
ownership, and size. Projects may be staged at the option of the
developer.
(1)
(2)
(3)
(4)
Location. Eligible properties include those located
within the Little Rock city limits and lands outside
the corporate limits over which the city exercises
zoning jurisdiction.
Ownership. Eligible applicants for preliminary plan
review must be the landowners . of record, holders of a
lease for not less than fifty (50) years, or their
authorized agent and beneficiaries, of all properties
in question. The approved final development plan shall
be binding on all subsequent owners of the land until
revised or repealed as authorized in this article.
Maximum size. The maximum size authorized for filing
of short form applications shall be five (5) acres.
Staging. While this article encourages submission of
comprehensively planned development proposals of
entire ownerships, a preliminary plan need not cover
the entire property owned by the applicant.
Applicants may choose to submit a phased development program
incorporating an incremental final development plan for subareas
of the entire ownership. Although the entire ownership must be
shown, a boundary survey or some type of device showing streets,
drainage or other boundary feature must be provided in order to
phase development. Where this is done, the applicant shall
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1 adhere to the approved development schedule for the phased
2 submission of final development plan /plat.
(d) Application review procedure. Short form development
3 a pp lication procedure shall consist of three (3). phases: A
4 pre - application conference with the planning staff; a
5 preliminary plan reviewed by the planning commission and board
6 of directors; and final plan approved as a whole or in phases
7
by the planning staff following its review for conformance with
the preliminary plan. The final plan shall be approved prior to
S the issuance of any building or occupancy permits within any
9 portion of the development.
10 (1) Pre - application conference. Before submitting an
11 application for any development, the landowner or his
12 authorized agent shall confer with the staff of the
office of comprehensive planning in order to become
13 familiar with the development review process. The
14 staff will inform the applicant of any perceived
15 problems that might arise. A further application of
16 the pre - application conference is to make sure that
17 the applicant has or will be able to submit the
necessary information for filing the application.
1S (2) Preliminary development plan. The procedure for filing
19 and the required fees shall be as set forth in
20 sections 36 -454 and 36 -456, except that the graphic
21 support material and developmental rationale shall be
submitted as follows:
22 The developer shall submit a cover letter with the
23 application which outlines the proposal, as to
24 structural and legal composition. The outline should
25 include but not be limited to the following:
26 a. Size of tract.
27 b. Net density per acre.
c. Number of buildings and units per building.
2S d. Ratio of parking to unit.
29 e. Ratio of building to land in square feet.
30 f. Number of access points desired.
31 g. Perimeter treatment,
32 h. Composition of title after development, such as
condominium.
33 i. The use.mix by structure.
34 j. Natural features to be retained and methods.
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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.
In order to enhance the integrity and attractiveness
of the development, and when deemed necessary to
protect adjacent properties, the planning commission
shall require landscaping and screening as a part of a
development. The nature and extent of screening and
landscaping required shall be determined by the
planning commission in relation to the overall
character of the development and its specific
location. In no instance, however, shall landscaping
be less than that required by chapter 15, article IV.
This shall especially apply to projects where a change
to a more intense use is proposed and there are
existing buildings and improvements.
In addition to the graphic and supporting
documentation required for filing, the owner shall
provide a graphic or narrative outline of methods to
be employed to protect permanent undisturbed buffers.
The outline shall be filed during the course of review
by the planning commission but not later than the
filing date set by calendar.
(3) Except as otherwise indicated in this section, the
long form review procedure specified in section 36 -454
shall apply to the short form review of development
applications.
(4) The. planning staff review of final plan applications
shall take into consideration all other sections of
this article, as accomplished in review of long form
development.
(5) The planning commission shall consider the provisions
of sections 36 -459 and 36 -460 in the course of review of all
short -form applications.
SECTION 2: REPEALER. All crdinances or parts of ordinances
are in conflict with the provisions provided herein are hereby
expressly repealed to the extent of the conflict.
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SECTION 3: SEVERABILITY. This ordinance and its various
parts are hereby declared to be severable. If any section,
clause, provision or portion of this ordinance is declared
invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of
this ordinance as a whole. All parts not declared invalid or
unconstitutional shall remain in full force and effect.
SECTION 4: EMERGENCY. The Arkansas Supreme Court case City
of Little Rock v. Pfeifer, has called into question the
authority of the City to consider single use developments under
the planned unit development application procedure in effect at
the time of the lawsuit which challenged such authority. Several
single use developments are in existence, others are currently
proceeding through the application and review process are
hampered by the inability of the City to proceed under current
regulations. This ordinance clearly authorizes the City to
review and approve single use as well as multiple use
developments under the planned development format, in compliance
with the Pfeifer ruling. In order to avoid confusion, delay and
costly deferral of pending applications, and to provide
stability to city land use decisions, an emergency is declared
to exist and this ordinance shall take effect immediately on the
date of its passage to protect the health, safety and welfare of
the citizens of the City of Little Rock.
PASSED: December 20, 1994
ATTEST:
Robbie Hancock
OBB E HANCOCK
CITY CLERK
APPROVED AS TO FORM:
CW&C
APPROVED:
Jim Dailey
M DAILEY
MAYOR