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HomeMy WebLinkAbout19558L 2 ORDINANCE NO. 19,558 3 AN ORDINANCE TO APPROVE A PLANNED ZONING DEVELOPMENT AND TO 4 ESTABLISH A PLANNED COMMERCIAL DISTRICT TITLED SHACKLEFORD FARMS 5 30.8 ACRES LONG -FORM PCD (Z- 5617 -A), LITTLE ROCK, ARKANSAS; TO 6 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR 7 OTHER PURPOSES. W 9 WHEREAS, application was made to the Little Rock Planning Commission to approve 10 a conceptual planned commercial development at the southeast corner of Chenal 11 Parkway and Kanis Road, and 12 WHEREAS, the application for a conceptual planned development at this site, 13 comprised of 30.8 acres, and was approved with certain conditions by a vote of six 14 commissioners in favor, none against, and five absent, and 15 WHEREAS, the City Board of Directors on ,June20, 2006, expressed a desire to include 16 language in the ordinance to grant the planned development which required appropriate 17 infrastructure improvements at the time of development of the conceptual plan based 18 upon City ordinances and the circumstances in existence at that time, 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF 20 LITTLE ROCK, ARKANSAS: 21 Section 1. The zoning classification of the following described property be changed 22 from PCD and R -2 to PCD: 23 THE El 12 OF TRACT 40, THE SOUTH 300 FT. OF THE W1 12 OF TRACT 40, ALL IN UNIT #1 OF 24 INDEPENDENCE FARMS, A SUBDIVISION IN PULASKI COUNTY, ARKANSAS AND PART OF THE 25 NW1 /4 NE1 /4, ALL IN SECTION 1, T -1 -N, R -14 -W, LITTLE ROCK, PULASKI COUNTY, 26 ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 27 SOUTHWEST CORNER OF THE NW1 /4 NE1 /4 SAID SECTION 1; THENCE NO3 °28'1 9 "E ALONG 28 THE WEST LINE THEREOF, 400.90 FT. TO THE SOUTHEAST CORNER OF SAID TRACT 40, UNIT [Page 1 of 81 Ordinance to approve PCD (Z-561 7-A) Shackleford Farms 1 #1, INDEPENDENCE FARMS; THENCE N77 °51'38 "W ALONG THE SOUTH LINE OF SAID TRACT 2 40, 209.69 FT. TO THE SOUTHWEST CORNER THEREOF; THENCE NO2 °1 1'59 "E ALONG THE 3 WEST LINE OF SAID TRACT 40, 300.35 FT.; THENCE S77 °51'38 "E, 105.00 FT.; THENCE 4 NO2 °23'58 "E, 300.00 FT. TO A POINT ON THE NORTH LINE OF SAID TRACT 40; THENCE 5 S77 °27'11I ALONG SAID NORTH LINE, 104.44 FT. TO THE NORTHEAST CORNER OF SAID 6 TRACT 40; THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT -OF -WAY LINE OF KANIS 7 ROAD, BEING THE ARC OF A 612.95 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND 8 DISTANCE OF N86 °30'37 "E, 94.67 FT. TO A POINT ON THE CENTERLINE OF OLD KANIS ROAD 9 (NOW CLOSED); THENCE S79 °00'54 "E ALONG SAID CENTERLINE 207.94 FT.; THENCE EASTERLY 10 AND CONTINUING ALONG SAID CENTERLINE, BEING THE ARC OF A 675.00 FT. RADIUS CURVE 11 TO THE LEFT, A CHORD BEARING AND DISTANCE OF S88 °45'51 "E, 190.65 FT.; THENCE 12 N84 °50'34 "E AND CONTINUING ALONG SAID CENTERLINE, 138.15 FT.; THENCE S89 °46'1 8 "E 13 AND CONTINUING ALONG SAID CENTERLINE, 216.95 FT. TO A POINT ON THE SOUTH RIGHT- 14 OF -WAY LINE OF CHENAL PARKWAY; THENCE EASTERLY ALONG SAID SOUTH RIGHT -OF -WAY 15 LINE, BEING THE ARC OF A 1014.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND 16 DISTANCE OF S79 °1 8'54 "E, 347.37 FT.; THENCE S89 °1 0'07 "E AND CONTINUING ALONG SAID 17 SOUTH RIGHT -OF -WAY LINE, 28.16 FT. TO THE WEST RIGHT -OF -WAY LINE OF A RIGHT -OF- 18 WAY DEDICATED FOR THE FUTURE EXTENSION SOUTHERLY OF KIRK ROAD RECORDED AT 19 DEED 98- 046678 OF THE RECORDS OF PULASKI COUNTY, ARKANSAS; THENCE 20 SOUTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE, BEING THE ARC OF A 50.00 FT. RADIUS 21 CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S48 °21'24 "E, 65.40 FT.; THENCE 22 S07 °25'52 "E AND CONTINUING ALONG SAID RIGHT -OF -WAY LINE, 108.23 FT.; THENCE 23 S01 °38'10 "W AND CONTINUING ALONG SAID RIGHT -OF -WAY LINE, 440.54 FT.; THENCE 24 SOUTHWESTERLY AND CONTINUING ALONG SAID RIGHT -OF -WAY LINE, BEING THE ARC OF A 25 686.20 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF 26 S12 °01'54 "W, 247.66 FT.; THENCE S22 °28'59 "W AND CONTINUING ALONG SAID RIGHT -OF- 27 WAY LINE, 120.42 FT. TO A POINT ON THE SOUTH LINE OF SAID NWl /4 NE1 /4; THENCE 28 N88 °16'41 "W ALONG SAID SOUTH LINE, 1214.39 FT. TO THE POINT OF BEGINNING, 29 CONTAINING 30.8065 ACRES MORE OR LESS. [Page 2 of 81 Ordinance to approve PCD (Z-561 7-A) Shackleford Farms I Section 2. The Shackleford Farms 30.8 Acres Long -form PCD (Z- 561 7 -A), located 2 on the Southeast corner of Chenal Parkway and Kanis Road is approved subject to 3 compliance with the following additional conditions: 4 (a) Basic Development Composition 5 (1) The 30.8 -acre site set forth in Section 1 above shall be developed as 6 follows: 7 (A) Eighty -five (85 %) percent of the building area of the site shall be 8 developed for commercial purposes as set forth in this ordinance; 9 (B) Fifteen (15 %) of the building area of the site shall be developed for 10 office purposes as set forth in this ordinance; 11 (2) The maximum building square footage shall be tied to the proposed 12 usage mix of the final development plan; 13 (3) The maximum density for commercial uses shall be limited to twelve 14 thousand (12,000) square feet per acre; 15 (4) Based upon this maximum density, the maximum commercial area shall 16 be three hundred and fourteen thousand five hundred (314,500) square 17 feet, of which the maximum area for restaurant use shall be limited to 18 sixty -five thousand (65,000) square feet; 19 (5) The minimum office area shall be fifteen (15 %) percent of the 20 development which at the time of this ordinance is estimated to be fifty -five 21 thousand (55,000) square feet; 22 (b) Limitation on types of uses. 23 (1) For commercial development, uses shall be limited to those identified 24 under the C -2, Commerical, classification, as amended, on the date that 25 of final plan approval, with accessory and conditional uses for this 26 classification also available; [Page 3 of 8] Ordinance to approve PCD (Z-561 7-A) Shackleford Farms 1 (2) For office development, uses shall be limited to those identified under 2 the 0-2, Office, classification, as amended, on the date of final plan 3 approval, with accessory and conditional uses for this classification also 4 available; 5 (3) The property set forth in Section 1 above may be developed as a mix of 6 individual lots and buildings, or may include multiple buildings on a 7 single site; 8 (4) Buildings use on the property set forth in Section 1 may be used for 9 single or mixed purposes as otherwise subject to the limitations set forth 10 in this ordinance; 1 1 (c) Basic Development Guidelines 12 (1) The layout of proposed building and site improvements shall be subject 13 to approval by the Planning Commission and the City of Little Rock Board 14 of Directors as an amendment to this PCD application; 15 (2) Proposed building designs shall be subject to approval by the Subdivision 16 Committee and the Department of Planning and Development. 17 (A) The maximum building height allowed shall be 18 (i) Forty -five (45) feet for commercial buildings; 19 (ii) Fifty (50) feet for office buildings; 20 (3) All site lighting shall be low - level, directed away from adjacent property, 21 and shielded downward and onto the site. 22 (4) All trash enclosures shall be oriented away from boundary streets, 23 screened with masonry enclosures, and gated with screened gate panels. 24 (5) Use of any outdoor speaker or sound amplification system shall be 25 prohibited on the property except for one -half hour before and after the 26 users hours of being open to the general public, provided the operation [Page 4 of 8] Ordinance to approve PCD (Z-561 7-A) Shackleford Farms I of any such speaker and system does not emit sound plainly audible from 2 adjoining properties or boundary streets; 3 (6) All landscape and buffer areas shall be provided to meet or exceed City 4 of Little Rock ordinance requirements; 5 (7) All portions of the property shall be landscaped to meet or exceed City of 6 Little Rock ordinance requirements. 7 (d) Public Infrastructure Improvements: 8 (1) Prior to any final plan approval: 9 (A) The developer shall provide the City with an updated traffic study 10 which shall be based upon the traffic study dated April 4, 2006, along > > with the addendum dated May 24, 2006 (collectively, "the original 12 traffic study "), prepared by Peters & Associates Engineers, Inc., so 13 long as the traffic study fairly and accurately represents the traffic 14 condition in the area of the development for which final plan approval 15 is sought; 16 (B) If there have been any modifications of the City Master Street Plan, 17 these amendments shall be deemed a part of this ordinance and the 18 developer shall comply with all of the applicable standards that are 19 part of the Master Street Plan in effect on the date that final plan 20 approval is requested; 21 (C) If it is determined from the updated traffic study required by this 22 subsection that projected levels of service at any intersections 23 adjacent to the proposed development will likely fall below acceptable 24 levels of service, as that term is defined by the Institute of 25 Transportation Engineers at the time of the application for final plan 26 approval, then as a condition of such approval, the developer shall 27 agree to make such additional boundary street improvements as the [Page 5 of 8] Ordinance to approve PCD (Z-561 7-A) Shackleford Farms I City deems to be necessary to mitigate the impact of this 2 development on that area; 3 (D) The developer shall negotiate an agreement with City of Little Rock 4 Public Works and Traffic Engineering for the installation of specific 5 street improvements that will be required; 6 (E) The developer shall review related utility infrastructure needs with the 7 various utility companies and negotiate agreements for the 8 installation of specific utility improvements that will be required 9 understanding that the cost of relocation of any utilities may be the 10 responsibility of the developer at the time of such relocation; 11 (F) Right -of -way dedications and easements to the City for required 12 street, drainage, and utility improvements will be provided by the 13 developer; 14 (G) Notwithstanding any other provision of this ordinance, the City shall 15 only require improvements to infrastructure that are required by the 16 impact of this development on the surrounding properties and 17 roadways at the time of development that it has legal or constitutional 18 authority to impose. 19 (e) Signage guidelines: 20 (1) Monument style signage shall be used and each sign shall not exceed 10 21 feet in height or 100 square feet in area (as measured on one side); 22 (2) Monument signage may be used on a shared or individual basis among 23 buildings and tenants; 24 (3) Final signage locations shall be subject to approval by the Planning 25 Commission and the City of Little Rock Board of Directors as an 26 amendment to this PCD application. [Page 6 of 8] Ordinance to approve PCD (Z-561 7-A) Shackleford Farms 1 (4) All building wall signage shall comply with City of Little Rock ordinance 2 requirements based on the associated building use. 3 (f) Grading and Excavation guidelines: 4 (1) Preliminary grading shall be done on this property as part of a larger 5 overall grading plan and project for nearby properties and roadways. 6 This work will be done in advance of actual property development. 7 (2) The developer shall provide an overall master grading plan covering this 8 and surrounding properties to minimize future excavation work, traffic 9 disruption, right -of -way damage, and related hauling operations that will 10 occur at the actual time of development. 11 Section 3. The preliminary site development plan, or plat, for this development, 12 shall be subject to approval by the Little Rock Planning Commission. 13 Section 4. The change in zoning classification contemplated for Shackleford Farms 14 30.8 Acres Long -form PCD (Z-561 7-A), located on the Southeast corner of Chenal 15 Parkway and Kanis Road is conditioned upon obtaining a final plan approval within the 16 time specified by Chapter 36, Article VII, Section 36 -454 (e) of the Code of Ordinances. 17 Section S. The map referred to in Chapter 36 of the Code of Ordinances of the City 18 of Little Rock, Arkansas, and designated district map shall be, and is hereby, amended 19 to the extent and in the respects necessary to affect and designate the change provided 20 for in Section 1 hereof. 21 Section 6. The final authorization to develop the property described in Section 1 of 22 this ordinance shall not occur unless and until a final plan is approved for this planned 23 unit development. 24 Section 7. Severabi/ity. In the event any title, section, paragraph, item, sentence, 25 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 26 unconstitutional, such declaration or adjudication shall not affect the remaining portions [Page 7 of 8] Ordinance to approve PCD (Z-561 7-A) Shackleford Farms I of the ordinance which shall remain in full force and effect as if the portion so declared 2 or adjudged invalid or unconstitutional was not originally a part of the ordinance. 3 Section 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are 4 inconsistent with the provisions of this ordinance are hereby repealed to the extent of 5 such inconsistency. 6 PASSED: June 27, 2006 7 ATTEST: APPROVE 8 9 10 Na y Wood, ity Clerk 11 12 APPROVED AS TO LEGAL FORM: 13 15 16 Thomas M. Carpenter, City ttorney 17 18 19 20 21 22 23 24 25 26 27 28 29 Ordinance to approve PCD (Z-561 7-A) Shackleford Farms D. Jim D 'il y, Mayor [Page 8 of 81