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HomeMy WebLinkAbout19561ORDINANCE NO. 19,561 2 3 AN ORDINANCE TO APPROVE A PLANNED ZONING DEVELOPMENT AND TO 4 ESTABLISH A PLANNED COMMERCIAL DISTRICT TITLED SHACKLEFORD FARMS 5 LONG -FORM PCD (Z- 4807 -G), LOCATED SOUTH OF WELLINGTON HILLS 6 ROAD, EAST OF KIRK ROAD, LITTLE ROCK, ARKANSAS; TO AMEND THE OFFI- 7 CIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PUR- 8 POSES. l7 10 WHEREAS, application was made to the Little Rock Planning Commission to approve 11 a conceptual planned commercial development at the south of Wellington Hills Road, 12 East of Kirk Road; and 13 WHEREAS, the application for a conceptual planned development at this site, com- 14 prised of 30.28 acres, and was approved with certain conditions by a vote of six com- 1 5 missioners in favor, none against, and five absent; and 16 WHEREAS, the City Board of Directors on june20, 2006, expressed a desire to include 17 language in the ordinance to grant the planned development which required appropriate 18 infrastructure improvements at the time of development of the conceptual plan based 19 upon City ordinances and the circumstances in existence at that time; 20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF 21 LITTLE ROCK, ARKANSAS: 22 Section 1. The zoning classification of the following described property be changed 23 from C -1 and 0-2 to PCD: 24 Part of the NE1 /4 SEl /4 and part of the SE1 /4 SE1 /4 of Section 36, T -2 -N, R -14 -W, City 25 of Little Rock, Pulaski County, Arkansas being more particularly described as follows: 26 Commencing at the SE corner of the SEl /4 SE1 /4 of said Section 36; thence N 01 °39'39" E 27 along the east line of said SE1 /4 SE1 /4, a distance of 50.00 feet to the POINT OF BEGIN - 28 NING; thence N 87 °24'26" w, a distance of 329.75 feet to the east line Lot 1, Riverside [Page 1 of 71 Ordinance to approve PCD (Z-561 7-G) Shackleford Farms I Properties Subdivision as filed for record in plat book F, page 749; thence N 02 °09'25" E 2 along the east line of said Lot 1, a distance of 85.62 feet to the NE corner of said Lot 1; 3 thence N 87 °55'40" W, a distance of 939.49 feet to the east right -of -way line of Kirk 4 Road; thence N 01 °38'06" E along said east right -of -way line, a distance of 1369.61 feet; 5 thence along said east right -of -way line on a curve to the left having a Radius 120.00 6 feet, an Arc Length of 95.49 feet and a Chord that bears N 46 °48'53" E, a distance of 7 92.99 feet to the south right -of -way line of Wellington Hills Road; thence S 88 °00'20" E 8 along said south right -of -way line, a distance of 27.21 feet; thence continue along said 9 south right -of -way line on a curve to the right having a Radius 555.00 feet, an Arc Length 10 of 559.14 feet and a Chord that bears S 59 °08'39" E, a distance of 535.79 feet; thence S 11 30 °16'57" E along said south right -of -way line, a distance of 422.35 feet; thence continue 12 along said south right -of -way line on a curve to the left having a Radius of 645.00 feet, 13 an Arc Length of 590.94 feet and a Chord that bears S 56 °31'46" E, a distance of 570.49 14 feet to the east line of said SE1 /4 SE1 /4; thence S 01 °39'39" W along the east line of said 15 SE1 /4 SE1 /4, a distance of 612.31 feet to the POINT OF BEGINNING, containing 30.28 16 Acres (1,319,035 sq. ft.) more or less. 17 Section 2. The Shackleford Farms 30.28 Acres Long -form PCD (Z-561 7-A), located 18 on the South of Wellington Hills Road, East of Kirk Road, is approved subject to compli- 19 ance with the following additional conditions: 20 (a) Basic Development Composition 21 (1) The 30.28 -acre site set forth in Section 1 above shall be developed as 22 follows: 23 (A) Seventy (70%) percent of the building area of the site shall be devel- 24 oped for commercial purposes as set forth in this ordinance; 25 (B) Thirty (30 %) of the building area of the site shall be developed for of- 26 fice purposes as set forth in this ordinance; 27 (2) The maximum building square footage shall be tied to the proposed us- 28 age mix of the final development plan; 29 (3) The maximum density for commercial uses shall be limited to twenty 30 thousand (20,000) square feet per acre of commercial uses; [Page 2 of 71 Ordinance to approve PCD (Z-561 7-G) Shackleford Farms 1 (4) Based upon this maximum density, the maximum commercial area shall 2 be two hundred and twelve thousand (212,000) square feet, of which the 3 maximum area for restaurant use shall be limited to forty -two thousand 4 (42,000) square feet; 5 (5) If the property is developed exclusively for office uses, the maximum 6 area would be six hundred and six thousand (606,000) square feet; or, if 7 developed for mixed use, the maximum would be one hundred and 8 eighty -two thousand (182,000) square feet, based upon the densities set 9 forth in this subsection; 10 (b) Limitation on types of uses. 11 (1) For commercial development, uses shall be limited to those identified 12 under the C -2, Commercial, classification, as amended, on the date that 13 of final plan approval, with accessory and conditional uses for this classi- 14 fication also available; 15 (2) For office development, uses shall be limited to those identified under 16 the 0-2, Office, classification, as amended, on the date of final plan ap- t 7 proval, with accessory and conditional uses for this classification also 18 available; 19 (3) The property set forth in Section 1 above may be developed as a mix of 20 individual lots and buildings, or may include multiple buildings on a sin - 21 gle site; 22 (4) Buildings use on the property set forth in Section 1 may be used for sin - 23 gle or mixed purposes as otherwise subject to the limitations set forth in 24 this ordinance; 25 (c) Basic Development Guidelines 26 (1) The layout of proposed building and site improvements shall be subject 27 to approval by the Planning Commission and the City of Little Rock Board 28 of Directors as an amendment to this PCD application; [Page 3 of 71 Ordinance to approve PCD (Z-561 7-G) Shackleford Farms 1 (2) Proposed building designs shall be subject to approval by the Subdivision 2 Committee and the Department of Planning and Development. 3 (A) The maximum building height allowed shall be 4 (i) Forty -five (45) feet for commercial buildings; 5 (ii) Fifty (50) feet for office buildings; 6 (3) All site lighting shall be low - level, directed away from adjacent property, 7 and shielded downward and onto the site. 8 (4) All trash enclosures shall be oriented away from boundary streets, 9 screened with masonry enclosures, and gated with screened gate panels. 10 (5) Use of any outdoor speaker or sound amplification system shall be pro- 1 1 hibited on the property except for one -half hour before and after the us- 12 ers hours of being open to the general public, provided the operation of 13 any such speaker and system does not emit sound plainly audible from 14 adjoining properties or boundary streets; 15 (6) All landscape and buffer areas shall be provided to meet or exceed City 16 of Little Rock ordinance requirements; 17 (7) All portions of the property shall be landscaped to meet or exceed City of 18 Little Rock ordinance requirements. 19 (d) Public Infrastructure Improvements: 20 (1) Prior to any final plan approval: 21 (A) The developer shall provide the City with an updated traffic study 22 which shall be based upon the traffic study dated April 4, 2006, along 23 with the addendum dated May 24, 2006 (collectively, "the original 24 traffic study "), prepared by Peters & Associates Engineers, Inc., so 25 long as the traffic study fairly and accurately represents the traffic 26 condition in the area of the development for which final plan approval 27 is sought; [Page 4 of 7] Ordinance to approve PCD Q- 5617 -G) Shackleford Farms I (B) If there have been any modifications of the City Master Street Plan, 2 these amendments shall be deemed a part of this ordinance and the 3 developer shall comply with all of the applicable standards that are 4 part of the Master Street Plan in effect on the date that final plan ap- 5 proval is requested; 6 (C) If it is determined from the updated traffic study required by this 7 subsection that projected levels of service at any intersections adja- 8 cent to the proposed development will likely fall below acceptable 9 levels of service, as that term is defined by the Institute of Transpor- 10 tation Engineers at the time of the application for final plan approval, 11 then as a condition of such approval, the developer shall agree to 12 make such additional boundary street improvements as the City 13 deems to be necessary to mitigate the impact of this development on 14 that area; 15 (D) The developer shall negotiate an agreement with City of Little Rock 16 Public Works and Traffic Engineering for the installation of specific 17 street improvements that will be required; 18 (E) The developer shall review related utility infrastructure needs with the 19 various utility companies and negotiate agreements for the installa- 20 tion of specific utility improvements that will be required understand- 21 ing that the cost of relocation of any utilities may be the responsibility 22 of the developer at the time of such relocation; 23 (F) Right -of -way dedications and easements to the City for required 24 street, drainage, and utility improvements will be provided by the de- 25 veloper; 26 (G) Notwithstanding any other provision of this ordinance, the City shall 27 only require improvements to infrastructure that are required by the 28 impact of this development on the surrounding properties and road- [Page 5 of 71 Ordinance to approve PCD (Z-561 7-C) Shackleford Farms I ways at the time of development that it has legal or constitutional au- 2 thority to impose. 3 (e) Signage guidelines: 4 (1) Monument style signage shall be used and each sign shall not exceed 10 5 feet in height or 100 square feet in area (as measured on one side); 6 (2) Monument signage may be used on a shared or individual basis among 7 buildings and tenants; 8 (3) Final signage locations shall be subject to approval by the Planning 9 Commission and the City of Little Rock Board of Directors as an amend- 10 ment to this PCD application. 11 (4) All building wall signage shall comply with City of Little Rock ordinance 12 requirements based on the associated building use. 13 (f) Grading and Excavation guidelines: 14 (1) Preliminary grading shall be done on this property as part of a larger 15 overall grading plan and project for nearby properties and roadways. 16 This work will be done in advance of actual property development. 17 (2) The developer shall provide an overall master grading plan covering this 18 and surrounding properties to minimize future excavation work, traffic 19 disruption, right -of -way damage, and related hauling operations that will 20 occur at the actual time of development. 21 Section 3. The preliminary site development plan, or plat, for this development, 22 shall be subject to approval by the Little Rock Planning Commission. 23 Section 4. The change in zoning classification contemplated for Shackleford Farms 24 30.28 Acres Long -form PCD (Z-561 7-G), located on the South of Wellington Hills Road, 25 East of Kirk Road is conditioned upon obtaining a final plan approval within the time 26 specified by Chapter 36, Article VII, Section 36 -454 (e) of the Code of Ordinances. 27 Section S. The map referred to in Chapter 36 of the Code of Ordinances of the City 28 of Little Rock, Arkansas, and designated district map shall be, and is hereby, amended [Page 6 of 7] Ordinance to approve PCD (Z-561 7-G) Shackleford Farms I to the extent and in the respects necessary to affect and designate the change provided 2 for in Section 1 hereof. 3 Section 6. The final authorization to develop the property described in Section 1 of 4 this ordinance shall not occur unless and until a final plan is approved for this planned 5 unit development. 6 Section 7. Severability. In the event any title, section, paragraph, item, sentence, 7 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or uncon- 8 stitutional, such declaration or adjudication shall not affect the remaining portions of 9 the ordinance which shall remain in full force and effect as if the portion so declared or 10 adjudged invalid or unconstitutional was not originally a part of the ordinance. 11 Section 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are 12 inconsistent with the provisions of this ordinance are hereby repealed to the extent of 13 such inconsistency. 14 PASSED: June 27, 2006 15 ATTEST: APPROVED: 16 17 18 Nanc Wood, �Ity_­Cerk Jim ai y, Mayor 19 20 APPROVED AS TO LEGAL FORM: 21 22 23 �.-- 24 Thomas M. Carpenter, City ttorney 25 26 27 28 29 30 [Page 7 of 7] Ordinance to approve PCD (Z-S61 7-G) Shackleford Farms