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2014008494 Received: 2/1312014 3:21:40 PM
Recorded: 02/1312014 03:33:54 PM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUITICOUNTY CLERK
Fees $20.00
ORDINANCE NO.20,843
AN ORDINANCE TO REPEAL ORDINANCE NO. 16,183 TITLED
STONEBRIAR IMAGING SHORT -FORM PD-O AND REVOKING A
PLANNED ZONING DISTRICT; AND FOR OTHER PURPOSES.
WHEREAS, Ordinance No. 20,544 was passed on February 7, 2012, establishing a Planned Zoning
District titled Stonebriar Imaging Short -Form PD-O (Z-8730-A), located at 3924 West Markham Street;
and,
WHEREAS, the medical office approved for Stonebriar Imaging Short -Form PD-O (Z-8730-A),
located at 3924 West Markham Street, is no longer a viable project and the owner of the subject property
has requested the repeal of the "PZD" ordinance and restoration of the zoning classification as previously
existed; and,
WHEREAS, the Little Rock Planning Commission reviewed the request for revocation for Stonebriar
Imaging Short -Form PD-O (Z-8730-A) at their January 9, 2014, public hearing and voted 6 ayes, 0 nays, 4
absent and 1 open position to forward the revocation request to the Little Rock Board of Directors for final
action;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS.
Section 1. That Ordinance Numbers 20,544 is hereby repealed, removing from the official zoning
map the classification PD-O, Planned Development - Office.
Section 2. That the underlying C-3, General Commercial District, zoning classification is restored to
the property described as: Lots 14 & 15, Block 4 Riffel and Rhoton Ridgeland Addition to the City of Little
Rock, Pulaski County, Arkansas.
Section 3. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock,
Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary
to affect and designate the change provided for in Sections 1 and 2 hereof.
Section 4. Severability. 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 shal I remain in full force and
effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
ordinance.
Section 5. 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. ,
.f
IPage 1 of 21
I ADOPTED: February 11, 2014
2 ATTEST
3
4
5 usan a le 'City Clerk
6 APPR D TO LEGAL FORM:
7
8 kLg'� Ll[i
9 Thomas M. Carpenter, City Attothey
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APPROVED:
Doris Wright, Vice -Mayor
[Page 2 of 21
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City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
February 14, 2014
Kendell Koberg
6915 Shamrock Drive
Little Rock, AR 72205
Planning
Zoning and
Subdivision
Re: Stonebriar Imaging Short -form PD-O Revocation (Z-8730-A), located
at 3924 West Markham Street
Dear Sir:
Enclosed please find a copy of an Ordinance adopted by the Board of Directors
at their February 11, 2014, Public Hearing approving a Revocation of the
Planned Development titled Stonebriar Imaging Short -form PD-O Revocation (Z-
8730-A), located at 3924 West Markham Street.
If you have any questions concerning these ordinances, please feel free to call
me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
EtCity of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371.4790 Fax: (501) 399-3435 or 371-6863
January 10, 2014
Kendell Koberg
6915 Shamrock Drive
Little Rock, AR 72205
Re: Stonebriar Imaging Short -form PD-O Revocation (Z-8730-A), located
at 3924 West Markham Street
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on January 9, 2014:
Approved with conditions
X Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the Meeting.
Other:
This item will be forwarded to the Little Rock Board of Directors for final action.
Staff will send the item to be placed on the February 4, 2014 Board of Directors
agenda. This date cannot be confirmed until the City Manager sets the agenda
at his January 21, 2014, staff meeting. If you have any questions please do not
hesitate to contact me at 371-6821.
Respectfully,
Respectfully,
Donna James, AICP
Subdivision Administrator
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
FEBRUARY 4, 2014 AGENDA
Subject
An Ordinance revoking a
Planned Zoning District
titled Stonebriar Imaging
Short -form PD-O
Revocation (Z-8730-A),
located at 3924 West
Markham Street.
Submitted by:
Department of Planning
and Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN
PARTICIPATION
Action Required
gOrdinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
The request is a revocation of the current PD-O zoning and
the restoration of the underlying C-3, General Commercial
District zoning classification.
I None.
Staff recommends approval of the requested PD-O
revocation. The Planning Commission voted to
recommend approval of the requested revocation by a vote
of 6 ayes, 0 noes, 4 absent and 1 open position.
The Planning Commission reviewed the proposed PD-O
revocation request at its January 9, 2014, meeting. There
were no registered objectors present. The Hillcrest
Residents Neighborhood Association was notified of the
Public Hearing.
BACKGROUND
Ordinance No. 20,544 adopted by the Little Rock Board of
Directors on February 7, 2012, allowed the rezoning of this
site from C-3, General Commercial District to PD-0 to
allow the construction of a new imaging center (MRI). The
approved site plan allowed the removal of the existing
building and construction of the new structure. The parking
lot was proposed to take access from West Markham Street
and provide 11 parking spaces. The building was a one-
story building with a maximum building height of 35-feet.
The building was proposed as brick and stone with a
pitched roof with residential shingles. The approval
included the allowance of a clinic with a maximum of two
doctors and general and professional office uses as
allowable alternative uses for the site.
Per Section 36-454(d) The owner of an approved PD or
PUD may, for cause, request repeal of the ordinance
establishing the development when it has been determined
that the development will not occur. A written request may
be filed with the City staff at any time up to three (3) years
after the date of adoption of the ordinance creating the PUD
or PD. The request shall set forth the cause of the repeal.
According to the ordinance, the Planning Commission
recommendation on the repeal request shall be forwarded to
the Board of Directors for their consideration. The Board of
Directors may grant or deny the request or return the
request to the Planning Commission for further study. If the
request is approved, an ordinance shall be adopted
repealing the PUD or PD.
The owner has stated the development will not occur as
planned. The owner is requesting the PD-0 zoning be
revoked and the C-3, General Commercial Zoning District
zoning be restored.
Please see the attached Planning
record and site plan for the
development proposal and the
recommendation.
2
Commission minute
applicant's specific
staff analysis and
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 16,183
TITLED STONEBRIAR IMAGING SHORT -FORM PD-O AND
REVOKING A PLANNED ZONING DISTRICT; AND FOR
OTHER PURPOSES.
WHEREAS, Ordinance No. 20,544 was passed on February 7, 2012, establishing a
planned zoning district titled Stonebriar Imaging Short -form PD-O (Z-8730-A), located at
3924 West Markham Street; and
WHEREAS, the medical office approved for Stonebriar Imaging Short -form PD-O
(Z-8730-A), located at 3924 West Markham Street is no longer a viable project and the
owner of the subject property has requested the repeal of the "PZD" ordinance and
restoration of the zoning classification as previously existed.
WHEREAS, the Little Rock Planning Commission reviewed the request for
revocation for Stonebriar Imaging Short -form PD-O (Z-8730-A) at their January 9, 2014,
public hearing and voted 6 ayes, 0 noes, 4 absent and 1 open position to forward the
revocation request to the Little Rock Board of Directors for final action.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. That Ordinance Numbers 20,544 is hereby repealed, removing from
the official zoning map the classification PD-O.
A/
28 SECTION 2. That the underlying C-3, General Commercial District zoning
29 classification is restored to the property described as: Lots 14 & 15, Block 4 Riffel and
30 Rhoton Ridgeland Addition to the City of Little Rock, Pulaski County, Arkansas.
31
Page 1 of 2
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SECTION 3. That the map referred to in Chapter 36 of the Code of Ordinances
of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to
the extent and in the respects necessary to affect and designate the change provided for in
Sections 1 and 2 hereof.
SECTION 4. Severability. 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 5. 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.
ADOPTED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
//
APPROVED:
Mayor
Page 2 of 2
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3924 West Markham Page 1 of 1
3924 West Markham
Kendell Koberg [kendell@gsisolutions.net]
Sent: Thursday, October 31, 2013 1:26 PM
To: James, Donna
Cc: erkoberg@aol.com; Rod Koberg [rod@gsisolutions.net]; office@gsisolutions.net
Importance: High
To Whom It May Concern,
Within the last couple of years the building located at 3924 West Markham in Little Rock was put up for sale or
lease. At that time we had a prospective buyer and the zoning was changed to a PDO. That project fell through
and it has just come to our attention that we need to have this property changed back to its original C3 zoning.
Your assistance in this matter is greatly appreciated. Thank you.
If you need any further information or assistance, please do not hesitate to contact me.
Kendell Koberg
6915 Shamrock Dr.
Little Rock, AR 72205
(615) 429-0076
On behalf of
E. Roderick Koberg Jr
14023 Oak St
Magnolia Springs, AL 36555
https:Hitvemailhub.littlerock. state.ar.us/owa/?ae=Item&t=IPM.Note&id=RgAAAAAJrV 3 ... 10/31 /2013