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HomeMy WebLinkAbout18881tlb /11 /' tl3 12:38:59 PM • rile ecorded in offiowRecords of CLERK ORDINANCE NO. 18,8 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF VARIOUS PROCEDURES; AND FOR OTHER PURPOSES. WHEREAS, the Little Rock Planning Commission regularly reviews applications for proposed use change for properties located within the Zoning Jurisdiction of the City of Little Rock, Arkansas; and, WHEREAS, it has been determined by the Little Rock Planning Commission that it is appropriate to consider, but not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed use change. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That various provisions of Chapter 36. of the City of Little Rock Code of Ordinances be amended as follows: Subsection (a). That Chapter 36., Section 36- 54.(b) be amended to provide for the insertion of new text and to then read as follows: (b) Application procedure. The property owner or an authorized agent shall apply for a special use permit under the guidelines provided by the city department designated by the city manager. A public hearing on the special use permit will be held by the planning commission which shall have final authority. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed special use. Appeals from the action of the planning commission shall be filed with the board of directors. The content of the appeal filing shall consist o£ (1) A cover letter addressed to the mayor and board of directors setting forth the request; (2) a copy of the planning commission application indicating the action and properly executed by the staff. This filing shall occur within thirty (30) calendar days of the action by the planning commission. No activity which requires said permit shall be conducted prior to the planning commission approval. _640t Subsection (b). That Chapter 36., Section 36 -83. be amended to provide for the SnSgffr nC/Ro �'oe of new text and to then read as follows: k "> ° • -. e O O �� City �'P• O Sec. 36 -83. Guidelines for decision. In determining whether to grant a requested amendment, the board ecl,rs y r' may consider, among other things, the recommendations from the planning cellwriiss3n,,' and the designated department of the city having planning responsibility and aajhoirya,. ;. and use the provisions of the comprehensive plan, master street plan, master parks,plan,o* and community facilities plan, as well as any other appropriately approved document 1- created to provide the required public facilities necessary to protect the public interest. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is 0 • located when determining the appropriateness of the proposed special use. No identical or substantially identical application for the redistricting of a specific parcel or parcels of land which has been denied by the board of directors may be made for a period of one (1) year. Subsection (c). That Chapter 36., Section 36 -101. be amended to provide for the insertion of new text and to then read as follows: See. 36 -101. General purpose. The purpose of this division is to set forth procedures for processing conditional uses and to establish standards by which conditional uses can be evaluated. The planning commission shall hear and approve or disapprove in accordance with provisions of this division all requests for conditional use permits. Only those uses which are specifically listed as conditional uses in the respective zoning classifications may be requested for conditional use authorization. In all instances, accessory structures or uses such as ball fields, tennis courts, pavilions and parking lots must receive review under the provisions of this section. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed conditional use. After detailed review of its compatibility with the area and the specific treatment of screening, landscaping and other amenities provided to protect the integrity of the neighborhood, the planning commission shall have final authority except that petitioners or record objectors aggrieved by an action of the commission shall file appeals 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 planning commission application indicating the action and properly executed by the staff. This filing shall occur within thirty (30) calendar days of the action by the planning commission. Certified mail notice of appeal hearing shall be provided not less than ten (10) days prior to the date of the hearing and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days prior to the date of review. This notice shall be given to all record parties in interest whether for or against the request. The cost of this notice shall be borne by the appellant. Subsection (d). That Chapter 36., Section 36- 460.(a) be amended to provide for the insertion of new text and to then read as follows: (a) Generally. 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. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed PUD or PD. 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. 2 ® r Subsection (e). That Chapter 36., Section 36- 456.(1) be amended to provide for the addition of a new subsection "f' to read as follows: f. The applicant shall submit a copy of a valid bill of assurance for the subdivision within which the subject property is located if such property is located within a subdivision covered by a valid bill of assurance. SECTION 2. Severabiliry. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: June 3, 2003 ATTEST: City Clerk APPROVED: i M r