HomeMy WebLinkAbout168231 ORDINANCE NO. 16,823 709
2
3 AN ORDINANCE REBFFIRNIIiG PREVIOUSLY
4 APPROVED SINGLE USE PLANNED UNIT
5 DEVELOPMENTS; PROVIDING A PROCESS
6 FOR THE REAFFIRMATION OF ZONE
7 CLASSIFICATIONS AND FOR NOTICE
8 THEREOF; DECLARING AN EMERGENCY.
9
10 WHEREAS, the Little Rock Board of Directors (the °Board°)
11 has rezoned a number of properties in the City enumerated in
12 Section 1 herein, to allow for a single use of the property
13 through the planned unit development ("PUD°) process; and
14 WHEREAS, a recent Arkansas Supreme Court case has called
15 into question the authority of the Board to approve a single use
16 PUD under the appropriate sections of the zoning ordinance; and
17 WHEREAS, the Board has approved an ordinance which has
18 amended the zoning ordinance to clearly authorize single use as
19 well as multiple use PUDs; and
20 WHEREAS, it is the intent of this ordinance to reaffirm the
21 Board's approval of those PUDs which were enacted by ordinance
22 prior to the decision of the case City of Little Rock v.
23 Pfeifer, Ark. Sup. Ct. No. 93 -786 (November 14, 1994); and
24 WHEREAS, this ordinance further provides a notice and
25 procedure for the reaffirmation of approval of existing PUDs in
26 the City affected by the court decision.
27 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF OF DIRECTORS
28 OF THE CITY OF LITTLE ROCK, ARKANSAS:
29 SECTION 1: The zone classifications of the planned unit
30 developments (PUDs) described in the ordinances listed below and
31 attached as exhibits hereto, are hereby renamed and reaffirmed
32 as consistent with the amended Article VII of the zoning
33 ordinance:
34 1. Kremer's PD- residential (Z -5873) LRO No. 16,782
35 2. MGM Properties PD- office (Z- 5770 -A) LRO No. 16,754
36 3. Tyrrell Leasing Company PD- commercial (Z -5884) LRO
078
F3
� � i M
710
1 No. 16,781
2 4. Freeway Business Park PD- office (Z- 4249 -A) LRO
3 No. 16,644
4 SECTION 2: All single use PUDs approved prior to September
5 1, 1994 may be renamed and reaffirmed by the Board upon the
6 filing of a written request by the owner or the agent of the
7 owner. The request shall be filed with the City Clerk within
8 ninety (90) days of the effective date of this ordinance. Any
9 such request filed after ninety (90) days from the effective
10 date hereof shall require the payment of fees pursuant to LRC
11 §23 -3.
12 SECTION 3: The preliminary or final site development plan
13 and plat of all previously approved single use PUDs are eligible
14 to be reaffirmed as consistent with the amended zoning ordinance
15 provided no use deviations from the approved site development
16 plan and plat have occurred.
17 SECTION 4: The Department of Neighborhoods and Planning
18 shall use its best efforts to provide actual notice of this
19 ordinance to all of the applicants of record for single use
20 PUD's previously approved by the Board of Directors, by mailing
21 a copy of this ordinance without exhibits to the applicants at
22 their last known address as indicated in the City zoning file.
23 Furthermore, the City Clerk shall advertise the following notice
24 of this ordinance, without the exhibits referred to in Section
25 1, by publication in the Daily Record and Arkansas Democrat
26 Gazette once a week for four consecutive weeks following the
27 adoption of this ordinance:
28
29 NOTICE TO OWNERS, DEVELOPERS AND APPLICANTS OF
SINGLE USE PLANNED UNIT DEVELOPMENTS IN THE CITY OF
30 LITTLE ROCK, ARKANSAS.
31 As a result of the Arkansas Supreme Court opinion
32 in City of Little Rock v. Pfeifer, the City has
adopted a new Article VII of the zoning ordinance
33 entitled Planned Zoning Districts. LRO No. 16,798
(December 21, 1994) If you own or operate a single
34 use PUD and you wish to have it reaffirmed by the
Little Rock Board of Directors to comply with the
35 legal requirements of the Pfeifer decision, please
36 contact in writing Richard Wood, Zoning and
Subdivision Manager, Department of Neighborhoods
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71.1 -
and Planning, 723 West Markham, Little Rock,
Arkansas 72201, no later than March 28, 1995.
SECTION 5: The land use plan and the zoning map of the
parcels described in the ordinances listed in Section 1 above
are hereby amended to the extent and in the respects necessary
to affect and designate the zoning change . approved in those
ordinances.
SECTION 6: Emergency Clause. The ruling in City of Little
Rock v. Pfeifer, Ark. Sup. Ct. No. 93 -786 (Nov. 14, 1994) has
impacted the validity of previously approved single use PUDS.
The City has amended its zoning ordinance to clearly authorize
single use PUDs. In order for those developments to continue
toward completion and operation in a timely manner, an emergency
is declared to exist and this ordinance shall become effective
immediately upon its approval, for the health, safety and
welfare of the citizens of the City of Little Rock.
PASSED: 'December 28, 1994
ATTEST:
146 IN VIM �i... A
APPROVED AS TO FORM:
PWI
s.
4 •'