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HomeMy WebLinkAboutZ-02502-C ApplicationOFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JULY 5, 2017 AGENDA Subject An Ordinance establishing a Planned Zoning District titled Islamic Center Long - form PCD Revocation, located between 40a' Street and Colonel Glenn Road on the West side of Whitfield Street. (Z -2502-C) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required 4Ordinance Resolution Approval Information Report Approved By Bruce T. Moore Citv Manager The request is a revocation of the existing PCD zoning and the restoration of the previously held MF -12 and C-3, General Commercial Zoning Districts. I None. Staff recommends approval of the requested PCD zoning revocation. The Planning Commission voted to recommend approval of the PCD zoning revocation by a vote of 11 ayes, 0 noes and 0 absent. On October 5, 1971, by the adoption of Ordinance No. 12,547, the Little Rock Board of Directors rezoned 12.15 acres from B -Residential to MF -12 and 4.4 acres from B -Residential to F -Commercial which was later changed to C-3, General Commercial. BACKGROUND CONTINUED Ordinance No. 19,212 adopted by the Little Rock Board of Directors on October 5, 2004, rezoned an area containing 6 -acres from MF -12 to PD -R to allow the development of 22 single-family homes, a mosque and an education building. A maximum of 50 students were proposed within the education building with five (5) teachers and three (3) support personnel. The hours proposed were from 8:00 am to 5:00 pm five (5) days per week. The worship center would have a maximum seating capacity of 100 persons with daily activities proposed from 5:00 am to 9:00 pm seven (7) days per week. Ordinance No. 20,911 adopted by the Little Rock Board of Directors on August 5, 2014, allowed the approval of a generalized site plan to allow the future development of the site with a mixed use development. The uses proposed included residential, single-family and elderly housing, a community center, a school, a Masjid, office and retail uses. The single-family homes were to be offered as individual lots for sale. The elderly housing was age limited to persons defined by the federal housing administration as elderly persons. A school was proposed with grades K to 6t' with a maximum of 100 students, 6 -teachers, 1 -administrator and 1 -secretary. The development was also proposed with a daycare facility with a maximum of 50 -children, 1-administator and 5 -aides. Transportation was to be provided for the school and daycare children. The proposal included 1 -bus for the school, 1 -van for the daycare and 1 -van as an alternate. The application included a community center to be available for lease by the community at large. Each person leasing the center was to be required to sign a lease agreement at the time of rental. The community center was to be available for special events. The development plan indicated multiple phases. The commercial, Masjid and a portion of the single-family lots were to be developed in the initial phase. The elderly housing, the remaining single-family homes were in a subsequent phase and the community center and school were proposed in the final phase. 2 BACKGROUND CONTINUED 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 is requesting the PCD zoning be revoked and the under lying C-3, General Commercial District and W-12, Multi -family District zoning be restored. The Planning Commission reviewed the proposed revocation request at its June 8, 2017, meeting and there were no registered objectors present. The John Barrow Neighborhood Association was notified of the public hearing. Please see the attached Planning Commission minute record and site plan for the applicant's specific development proposal and the staff analysis and recommendation. 3 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 20,911 TITLED ISLAMIC CENTER LONG -FORM PCD, LOCATED BETWEEN 40TH STREET AND COLONEL GLENN ROAD ON THE WEST SIDE OF WHITFIELD STREET (Z -2502-C) AND REVOKING A PLANNED ZONING DISTRICT; AND FOR OTHER PURPOSES. WHEREAS, Ordinance No. 20,911 was passed on August 5, 2014, establishing a planned zoning district titled Islamic Center Long -form PCD (Z -2502-C); and 12 WHEREAS, the mixed use development approved for Islamic Center Long -form PCD 13 (Z -2502-C) is no longer a viable project and the owner of the subject property has requested 14 the repeal of the "PZD" ordinance and restoration of the zoning classification as previously 15 existed; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Little Rock Planning Commission reviewed the request for revocation for Islamic Center Long -form PCD (Z -2502-C) at their June 8, 2017, public hearing and voted 11 ayes, 0 noes and 0 absent 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 Number 20,911 is hereby repealed, removing from the official zoning map the classification PCD. SECTION 2. That the underlying MF -12 and C-3, General Commercial Zoning District classifications be restored to the property described as: Part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 1 North, Range 13 West described as follows: Page 1 of 3 I Commencing at an existing concrete nail marking the Northwest 2 corner of said SE 1/4 SE 1/a; thence S87108'05"E, along the North line 3 thereof, 420.40 feet to a set mag nail; thence S01041'37"W, leaving said 4 North line of SE 1/4 SE 1/4, 27.71 feet to a set 1/2" rebar on the Southerly 5 right of way line of West 40th Street per final plat of Lot 3, Houghland 6 Addition by RLS #1402, Dated: 5-20-2010; thence S87023'58"E, along 7 said Southerly right of way line, 382.83 feet to a set 1/i" rebar; thence 8 31.08 feet, along the are of a curve to the right, having a radius of 20.0 9 feet and a chord bearing and distance of S42052'41"E 28.05 feet to a set 10 1/z" rebar on the Westerly right of way line of Whitfield Street per final 11 plat of Lot 3, Houghland Addition by RLS #1402, Dated: 5-20-2010; 12 thence S01138'35"W along said Westerly right line, 904.84 feet to a set 13 1/z" rebar; thence 17.76 feet, along the arc of a curve to the right, having 14 a radius of 20.0 feet and a chord bearing and distance of S27105'07"W 15 17.18 feet to a set 1/z" rebar on the Northerly right of way line of 16 Arkansas State Highway 5; thence, along said Northerly right of way 17 line, the following bearings and distances: S52131'39"W 29.12 feet to 18 an existing right of way nail, S60153'55"W 130.10 feet to a set 1/z" rebar, 19 S63054'18"W 70.0 feet to a set 1/i" rebar; thence N01143'58"E, leaving 20 said Northerly right of way line, 283.81 feet to a set 1/2" rebar; thence 21 N87008'25"W 200.0 feet to a set 1/z" rebar; thence N01044'13"E 143.35 22 feet to an existing iron pin; thence N01141'37"E 632.82 feet to the point 23 of beginning containing 8.231 acres, more or less, being subject to 24 public road rights of way and any easements of record according to a 25 survey by Anderson Surveying, Inc. PLS #1272, Job #13-10-26. 26 27 SECTION 3. That the map referred to in Chapter 36 of the Code of Ordinances of 28 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the 29 extent and in the respects necessary to affect and designate the change provided for in Sections 30 1 and 2 hereof. 31 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 3 of 3 FILE NO.: Z -2502-C NAME. Islamic Center Long -form PCD Revocation LOCATION: Located between 40th Street and Colonel Glenn Road on the West side of Whitfield Street DEVELOPER: Carolyn Hougland c/o Moses Tucker Real Estate 200 River Market Avenue Suite 501 Little Rock, AR 72201 AREA: 13.62 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.06 CURRENT ZONING: PCD ALLOWED USES: Single-family residential, Elderly housing, Masjid, School, Community Center, Retail and Office — Approval of a development concept plan PROPOSED ZONING: C-3, General Commercial District and MF -12, Multi -family District BACKGROUND: On October 5, 1971, by the adoption of Ordinance No. 12,547, the Little Rock Board of Directors rezoned 12.15 acres from B -Residential to MF -12 and 4.4 acres from B -Residential to F -Commercial which was later changed to C-3, General Commercial. Ordinance No. 19,212 adopted by the Little Rock Board of Directors on October 5, 2004, rezoned an area containing 6 -acres from MF -12 to PD -R to allow the development of 22 single-family homes, a mosque and an education building. A maximum of 50 students were proposed within the education building with five (5) teachers and three (3) support personnel. The hours proposed were from 8:00 am to 5:00 pm five (5) days per week. The worship center would have a maximum seating capacity of 100 persons with daily activities proposed from 5:00 am to 9:00 pm seven (7) days per week. FILE NO.: Z -2502-C (Cont.) Ordinance No. 20,911 adopted by the Little Rock Board of Directors on August 5, 2014, allowed the approval of a generalized site plan to allow the future development of the site with a mixed use development. The uses proposed included residential, single-family and elderly housing, a community center, a school, a Masjid, office and retail uses. The single-family homes were to be offered as individual lots for sale. The elderly housing was age limited to persons defined by the federal housing administration as elderly persons. A school was proposed with grades K to 6th with a maximum of 100 students, 6 -teachers, 1 -administrator and 1 -secretary. The development was also proposed with a daycare facility with a maximum of 50 -children, 1-administator and 5 -aides. Transportation was to be provided for the school and daycare children. The proposal included 1 -bus for the school, 1 -van for the daycare and 1 -van as an alternate. The application included a community center to be available for lease by the community at large. Each person leasing the center was to be required to sign a lease agreement at the time of rental. The community center was to be available for special events. The development plan indicated multiple phases. The commercial, Masjid and a portion of the single-family lots were to be developed in the initial phase. The elderly housing, the remaining single-family homes were in a subsequent phase and the community center and school were proposed in the final phase. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: 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 is requesting the PCD zoning be revoked and the under lying C-3, General Commercial District and MF -12, Multi -family District zoning be restored. B. EXISTING CONDITIONS: The eastern portion of the site is vacant and grass covered with a scattering of trees. A few new homes have been constructed within the previously approved PD -R portion of the development. West 40th Street has been improved with curb and gutter and sidewalk. Street improvements are not in place along Potter Street or Whitfield Street. Other uses in the area include a manufacturing facility in the old Borden Plant and non-residential uses are scattered along Colonel Glenn E FILE NO.: Z -2502-C Cont. Road. The areas to the west and north of the site are predominately residential uses. C. NEIGHBORHOOD COMMENTS: The John Barrow Neighborhood Association was notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (May 17, 2017) The applicant was not present. Staff presented the item stating the request was a revocation of the previously approved PCD zoning. Staff stated the development previously proposed for the site was no longer a viable project and the current property owner was requesting the revocation. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. STAFF RECOMMENDATION: Staff recommends the current PCD zoning classification be revoked and the previously held C-3, General Commercial District and MF -12, Multi -family District 12 units per acre zoning be restored PLANNING COMMISSION ACTION: (JUNE 8, 2017) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation the current PCD zoning classification be revoked and the previously held C-3, General Commercial District and MF -12, Multi -family District 12 units per acre zoning be restored. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. 3 I. MOSES TUCKER REAL ESTA?E Friday, April 28, 2017 Planning and Development Department 723 West Markham Street Little Rock, AR 72201 LETTER OF REVOCATION RE: Revocation of PCD zoning for the property located at 7800 Colonel Glenn Road To whom it may concern, With regard to approximately 9.30 acres of vacant land located between W 40th and Colonel Glenn Road owned by the Carolyn Ann Hougland Revocable Trust, the undersigned authorized signor hereby requests that the current PCD zoning be revoked and that the underlying zoning be restored. The legal description of the land is as follows (Parcel #441-1330000700): PT SE SE BEG 477 5FT W OF NE COR TH S TO LR -HOT SPRS HWY TH SW'RLY ALONG HWY TO PT 42OFT DUE E OF W LINE OF SE SE TH N 558 9' W 420' N655.8' TO NW COR TH E 842.5' TO POB EXC W 6 AC OF FOLLOWING DESCRIBED TR MPDA BEG NW COR OF SE SE TH E400.43' TH S652.7' TH W400.43' TH N652.7' TO POB LESS & EXC TH PT PLTD AS LOT 3 HOUGLAND ADDN CONT 1.558AC MOL 14-1*13W For additional information, please contact Eric Nelson with Moses Tucker Real Estate by phone at 501- 376-6555 or by email at enelson@mosestucker.com. AGREED & ACCEPTED: CAROLYN ANN HOUGLAND REVOCABLE TRUST Signature 4 Al 901, "YAI ,f ZZ&Iw Alb Print Name ate Commercial Brokerage • Management -Leasing • Development -Consulting 200 River Market Ave., Suite 501 - Little Rock, Arkansas 72201 • Phone 501-376-6555 • Fax 501-376-6699 www.mosestucker.com City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND May 5, 2017 John Barrow Neighborhood Association Carolyn Heitman 8123 West 40th Little Rock, AR 72204 REQUEST: Z -2502-C — Islamic Center Long -form PCD Revocation, -a request to revoke the previously al2proved PCD, Planned Commercial Development to allow the roe to revert to the under) in C-3 General Commercial District and MF -12, Multi- family 12 units per acre zoning districts. GENERAL LOCATION OR ADDRESS: located between 40th Street and Colonel Glenn Road on the West side of Whitfield Street OWNED BY/APPLICANT: Carolyn Hou _ I�Uwner — Moses Tucker Real Estate Agent (501.376.6699) NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development Revocation of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Little Rock Board of Directors Chambers, second floor, City Hall, 500 West Markham Street, on June .8, 2017 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 7220 1-1 334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 June 14, 2017 Carolyn Hougland c/o Moses Tucker Real Estate 200 River Market Avenue, Suite 501 Little Rock, AR 72201 Re: Z -2502-C — Islamic Center Long -form PCD Revocation, located between 40th Street and Colonel Glenn Road on the West side of Whitfield 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 June 8, 2017: 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. You or your representative will need to be present at the Board of Directors meeting to address any questions which may arise. The meeting date has tentatively been set for July 5, 2017. The meeting begins at 6:00 pm and is held in the Board of Directors Chambers, 500 West Markham Street, 2nd floor. Please contact me after June 20th to verify the date of hearing before the Board of Directors. If you have any questions please do not hesitate to contact me at 371-.6821. Respectfully, Donna James, AICP Subdivision Administrator as l ! �D - a ~ ALJ •� � � iii Q e�o�° r1 � � p L� ❑ R3 �W.39TH:5T , L l J 1 C 13 � 15EP R3 CUP ❑❑°❑ 0 �I opo q❑ Q I�� �❑ 14 p mol W`40TH5_T 1]�� [ a Q quad _� PD- 0 G' ❑o d o �o❑ —P1i� ,��� i R3 . j CUP LL LI �o � I THIS SITE PCD Qa f a f; i 1 12 PID 'CuP- Lj C7G� f r PCD, W_43RO-S � d 12o4�G `"CUPS ,d C3 A z —os PID PID w PCD �� Wr44TH�ST w oa Q E PR 01 9¢ �^❑� R2 �❑ o � �I2 d�LJI=R R2 - W-45TK Area Zoning City of Little Rock Planning & Development Case: Z -2502-C Location: SW Corner of W. 40th and Whitfield Street Ward:6 PD: 10 CT: 24.06 TRS: T1 N R1 3W 14 N 0 160 320 Feet � � , r ��i� �❑ 2 ❑ ! ! �7 fly Q ' a Q L Lnrl r❑ LiJ �.J � i L E:3 � FLI a E? ®Z Fu` 60. ❑ ❑ o fl J o Qo LT � � G� ❑ 1 L] W 40TN'ST ❑ 7,ff RLEl gE- ,- L� PI Er THIS SITE oo°off° o CO 4 ❑ a 0 0 v dC)EILI j MX 1 J r j �p IAV W 43i4D:St � J ❑ ! __O� {i RL n u? 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El L� 5 Li L1 .� ��� —P CD W 43RD:5T q C3 �� 12 ' L a � 12 Gp�.N CUR W Q C3 J�I�j}I' • � I. o� O - o w - - os Ju C PID w PID H PCD Wf447'Hi E3 Q P 01 PR 12 R2 PCD 1 F -I 1-7 o Area Zoning City of Little Rock Planning & Development r �6w'vll .� ,1'� - -arsgr N.� . led Case: Z -2502-C Location: SW Corner of W. 40th and Whitfield Street Ward:6 PD: 10 CT: 24.06 TRS: T1 N R1 3W 14 N 0 160 320 Feet