Type: MAUNOTParty: County: PulaskiAttorney/Contact: Tina Timmons
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, COUNTY OF PULASKI, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: ORDINANCE NO. 1104, AN ORDINANCE AMENDING THE CITY’S LAND USE PLAN MAP FOR THE PROPERTY COMMONLY KNOWN AS 1605 CLUB MANOR DRIVE, AND FOR OTHER PURPOSES
WHEREAS, the city’s planning director requested that the city’s planning commission consider a proposal to amend the city’s land use plan map to change the land use category for Outparcel 1 of Carnahan Village Division to the City of Maumelle, Pulaski County, Arkansas, parcel no. 42M-026.00-07.01, and commonly known as 1605 Club Manor Drive, from institutional (INST) to special use commercial (SUC); and
WHEREAS, at a public hearing on December 21, 2023, the planning commission approved a motion to recommend that the city council adopt the same amendment to the land use plan map; and
WHEREAS, the city council has reviewed the recommendations of the planning commission, the recommendation of staff, and has obtained facts, statements and other information concerning the request to adopt the land use plan this property; and
WHEREAS, the city council has considered the factors provided by section 54-79(7) of the Maumelle City Code governing proposed amendments to the land use plan map, namely:
a. Other changes that have occurred in the neighborhood since the land use plan was adopted or the latest amendment was enacted;
b. Whether these changes resulted in a change to the neighborhood’s character sufficiently to justify the proposed land use plan change;
c. Issues and concerns raised by the neighborhood when submitted with sufficient specificity to enable the commission or city council to respond to the issues; and
d. Other substantial or technical evidence that any proponent or opponent of the proposed change submits; and
WHEREAS, the city council finds that evidence submitted sufficiently justifies the proposed land use plan change; and
WHEREAS, the planning director has informed the city council that he is reviewing the city’s land use plan map to identify other areas whose land use category should be changed to special use commercial (SUC), and he will propose those amendments to the planning commission and to the city council in the near future.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:
Section 1. The city’s land use plan map is hereby amended to show that the land use category for Outparcel 1 of Carnahan Village Division to the City of Maumelle, Pulaski County, Arkansas, parcel no. 42M-026.00-07.01, and commonly known as 1605 Club Manor Drive, is changed from institutional (INST) to special use commercial (SUC).
Section 2. This ordinance is contingent on the city council amending section 54-73(b) of the Maumelle City Code to provide the new land use category of special use commercial (SUC).
Section 3. Repealer. All other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severance. If any clause, sentence, paragraph, section or other portion of this ordinance is found to be unconstitutional, invalid, or inoperative by a court of competent jurisdiction, such findings shall not affect the validity of the remainder of these sections, nor shall any proceeding invalidating any portion of any section operate to affect any portion of the remainder of said sections not specifically attacked in said proceeding. Adopted this 5th day of February 2024. DR1T 2/13/2024