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HomeMy WebLinkAbout201553 AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF ORDINANCES 4 OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE FOR 5 ACCEPTANCE OF RIGHT -OF -WAY DEDICATION FOR LAMARCHE DRIVE 6 AND WAIVER OF BOUNDARY STREET ORDINANCE REQUIREMENTS FOR 7 VALLEY FALLS ESTATES SUBDIVISION; AND FOR OTHER PURPOSES. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 10 OF LITTLE ROCK, ARKANSAS: 11 Section 1. That Chapter 30 of the Code of Ordinances is amended to provide for a waiver of certain 12 requirements within the Master Street Plan along LaMarche Drive extension for Valley Falls Estates 13 Subdivision located south of the future intersection of LaMarche Drive and Taylor Loop Road. 14 15 Subsection a. Chapter 30 Article VI requiring developers to construct roadway improvements 16 to the requirements of the Master Street Plan will be waived along the proposed LaMarche Drive 17 extension adjacent to Valley Falls Estates Subdivision. The specific waiver is from constructing 18 the western one half of LaMarche Drive to collector street standards across the entire frontage of 19 Valley Falls Estates as previously required by Ordinance 418,299. 20 21 22 23 24 25 26 27 28 29 30 31 32 Subsection b. The specific waiver required conditions are: 1. Rick Ferguson and Valley Falls Estates, Inc. agree to donate 60 feet of right-of-way for LaMarche Extension across the Valley Falls Estates Tract and across the Now`��+��6x Loop Road; 2. The City of Little Rock forever releases Valley Falls Estates, Inc. construct half street improvements on the Valley Falls Estates Tract; rrnruu�� 3. The City of Little Rock, at its expense and at its sole discretion, agrees to build the LaMarche Extension from Taylor Loop Road through the North Tract and Valley Falls Estates Tract to its intersection with LaMarche Drive as presently constructed, subject to items 4 and 5; 33 4. With regard to the North Tract, Rick Ferguson agrees that if he or his successor in title to the 34 North Tract seeks to develop the North Tract before the City of Little Rock has actually built the 35 LaMarche Extension through the North Tract, then the developer of the North Tract shall, at its [PAGE 1 OF 2] I sole expense, build that portion of the half street improvements on the North Tract not then 2 constructed and thereby relieve the City from so doing. It is recognized by all parties that the 3 Developer may seek to negotiate to build some portion of the full street improvements rather than 4 the entire half street; 5 6 5. Assuming that a final plat of Valley Falls Estates submitted to the City of Little Rock 7 complies with all of the City of Little Rock requirements other than the construction of the 8 LaMarche Extension, the City agrees to approve such final plat, even though the LaMarche 9 Extension improvements may not have been constructed by the City of Little Rock at the time of 10 such final plat approval; 11 12 6. Future development to properties adjacent to the new 60 foot right -of -way, excluding the 13 current preliminarily platted Valley Falls Estates will be subject to the requirements found in 14- Section 30, Article VI., Boundary Street Improvements and Right -of -Way Dedications. Since 15 LaMarche Drive is classified as a collector street on the Master Street Plan with a 60 foot right - 16 of -way, no additional right -of -way dedication is required except near the intersection of Taylor 17 Loop Road and LaMarche Drive. 18 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 19 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 20 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force 21 and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part 22 of the ordinance. 23 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent 24 with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 25 Section 4. This ORDINANCE shall take effect thirty (30) days from and after its passage. 26 PASSED: September 15, 2009 27 28 1W 30 J�[Kari Ll4n e , A ing City Clerk 31 APPROV \15) O LEGAL FORM: 32 33- 34 Thomas M. Carpenter, City At tr ey APPROVED: Mark Stodola, Mayor [PAGE 2 OF 2]