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ORDINANCE NO.
17,862
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AN ORDINANCE TO LIMIT THE EXCAVATION OF
PROPERTY ALONG THE KANIS ROAD CORRIDOR
FROM RODNEY PARHAM ROAD TO CHENAL
PARKWAY; TO PRESERVE CERTAIN TREES AS A
PART OF REDEVELOPMENT; TO DECLARE THE
CITY'S INTENT TO ALLOW DEVELOPMENT ONLY
WITH CERTAIN CONDITIONS UNTIL A KANIS
ROAD SCENIC OVERLAY IS PRESENTED FOR
CONSIDERATION; TO DECLARE AN EMERGENCY;
AND FOR OTHER PURPOSES.
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WHEREAS, the Board of Directors has requested that a study be done which
considers whether to adopt, and the features of, a Kanis Road Scenic Overlay ordinance,
or to recommend other land use changes; and
WHEREAS, development pressures along the Kanis Road corridor from Rodney
Parham Road to Chenal Parkway is already occurring; and
WHEREAS, the Board of Directors plans to give final consideration to the
proposed overlay ordinance within the next three months and does not want there to be
a substantial change in the scenic nature of this corridor before that time; and
WHEREAS, the Board finds that the scenic nature of this corridor is vital to
proper development within the area and is essential for the aesthetic and economic
development of the corridor; and
WHEREAS, the Board is aware that certain aspects of its excavation ordinance
do not apply to all developments.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
28 OF THE CITY OF LITTLE ROCK, ARKANSAS:
29 SECTION 1. For a period of three months beginning November 16, 1998, and
30 ending on February 15, 1999, no excavation or grading permits shall be issued pursuant
31 to Little Rock, Ark., Rev. Code §§ 29 -166 to -195 (1988) on the corridor along Kanis
[3]
(Rec. 11- 27 -98.)
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1 Road from Rodney Parham Road to Chenal Parkway, provided this ban on excavation
2 permits shall immediately cease prior to Ferbuary 15, 1999, upon the effective date of
3 an ordinance which establishes the Kanis Road Scenic Overlay district.
4 SECTION 2. For a period of three months beginning November 16, 1998, and
5 ending on February 15, 1999, no excavation or grading shall be permitted on the
6 corridor along Kanis Road from Rodney Parham Road to Chenal Parkway, provided this
7 ban on excavation shall immediately cease prior to April 20, 1999, upon the effective
s date of an ordinance which establishes the Kanis Road Scenic Overlay district.
9 SECTION 3. Nothing in Sections 1 and 2 of this ordinance shall preclude minor
10 grading, clearing, filling, cutting, quarrying, construction or similar activity for
11 developments that have received zoning approval, site plan approval, or planned unit
12 development approval from the Board of Directors if such activity is not otherwise
13 inconsistent with the provisions of this ordinance.
14 SECTION 4. During the three month period beginning November 16, 1998, and
15 ending on February 15, 1999, or upon the effective date of a Kanis Road Scenic Overlay
16 District ordinance, whichever is sooner, all properties which are to be developed or
v redeveloped within 300 feet of each side of the right -of -way of Kanis Road from Rodney
1s Parham Road to Chenal Parkway shall have a 30 -foot tree buffer. This 30 -foot tree
19 buffer shall be measured from the property line established by the right -of -way
20 requirements of the Master Street Plan. This tree buffer shall not include access points
21 approved by the Director of Public Works.
22 SECTION 5. For purposes of this ordinance, a tree is any vegetation that exceeds
23 10 inches in diameter at a height of 4 feet above the ground.
24 SECTION 6. Nothing in this Ordinance prevents the Board of Directors from
25 granting a rezoning request with less inclusive requirements during the three month
26 period set forth in Sections 1, 2 and 4.
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M M M® M M M M= M M M s M
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1 SECTION 7. The Board declares its intent to follow the guidelines of this
2 ordinance as it considers rezoning requests and, affirmatively states that any developer
3 wishing to obtain a rezoning or development permit during the three month period set
4 forth in Sections 1, 2 and 4 should submit a request for rezoning with conditions that
s meet the guidelines of this ordinance, or a request for a planned unit development that
e includes conditions substantially similar to the guidelines set forth in this ordinance.
7 SECTION 8. Severability. In the event any title, section, subsection,
s subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this
9 ordinance is declared to adjudged to be invalid or unconstitutional, such declaration or
10 adjudication shall not affect the remaining portions of the ordinance which shall remain
i 1 in full force and effect as if the portion so declared or adjudged invalid or
12 unconstitutional was not originally a part of this ordinance.
13 SECTION 9. Emergency. The Board of Directors believes that the design
14 standards set forth in this ordinance are crucial to the proper development along the
15 Kanis Road corridor, and that the failure to adopt this ordinance while work on the
16 Kanis Road Scenic Overlay District is completed would result in substantial detriment
v to the aesthetic and economic development of this corridor. Since the preservation of
18 this corridor is believed to be essential to the public health, safety and welfare, an
19 emergency is declared to exist and this ordinance shall be in full force and effect from
20 and after the date of its passage.
21 Passed: November 17, 1998
22 Attest: Appr ved:
23 Cif: . L a r� /ad1 CA k9wzn
24 Robbie Hancock, City Clerk Jim iley, Mayor
2s
26 APPROVED AS TO LEGAL FORM:
26 Thomas M. Carpenter, Ci Attorney
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