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HomeMy WebLinkAboutZ-3491 Staff AnalysisFILE NO.: Z-3491 NAME: Albert PiKe Phase II PD Revocation LOCATION: 221 East 7th Street DEVELOPER: Philip Jones Moser Tucker Real Estate 200 S. Commerce Street, Suite 300 Little Rock, AR 72201 AREA: 0.63 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 .9 Elderly Housing UU FT. NEW STREET: 0 LF Uses as allowed in the UU Zoning District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 13,842 adopted by the Little Rock Board of Directors on July 15, 1980, established a Planned Development for the property located at the southwest corner of Cumberland and 7th Streets. The rezoning encompassed an area described as Lots 1, 2, 3, 10, 11, 12 and the W 125 feet of Lot 4, and the W 125 feet of the N 182 of Lot 5, Block 27, Original City of Little Rock, Arkansas for a ten -story multi -family housing project for the elderly. The project was approved to allow a ten story 200 unit apartment development for the elderly and was sponsored by the Second Baptist Church. The project included the Albert Pike project located to the west and would be know as Albert Pike II would allow the construction of a second building. Parking for the project would include approximately 20 parking spaces under the building and 110 spaces located immediately north of the project site. A. PROPOSAL/REQUEST: Per Section 36-458(a) Cause for revocation as enforcement action. The Planning Commission may recommend to the Board of Directors that any PUD or PD approval be revoked and all building permits or certificates of occupancy be FILE NO.: Z-3491 (Cont. voided under the following circumstances: (1) The applicant has not submitted a final development plan to staff. Where a staged development plan is approved the Board of Directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) Construction has not commenced within the time allowed. (3) The applicant has not adhered to the development schedule as stated in the approved preliminary plan. In addition, to the revocation for cause, Section 36-454(e) final development plan states the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Request for extensions of time shall be submitted in writing to the Planning Commission which may grant one extension of not more than two years. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. Per the ordinance requirement of the procedure for revocation, staff has contacted the applicant indicating the default of approval and setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PD zoning classification. According to the ordinance, the Planning Commission shall provide a recommendation which shall be forwarded to the Board of Directors for disposition as in the original approval. B. EXISTING CONDITIONS: To the north of the site is a parking lot and south of the site is a church. East of the site are residential uses, the Albert Pike Phase I is located to the west. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Downtown Neighborhood Association, the McArthur Park Property Owners Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the proposed development were notified of the public hearing. D. STAFF RECOMMENDATIONS: Staff recommends the approval be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current PD zoning classification be revoked and the property be zoned UU. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented a recommendation that the approved PD zoning be voided since the applicant has failed to satisfy the requirements of the approval 2 FILE NO.: Z-3491 (Cont. process. Staff presented a recommendation the current PD zoning classification be revoked and the property be zoned UU. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. Q March 1, 2007 ITEM NO.: 21 NAME: Albert PiKe Phase II PD Revocation LOCATION: 221 East 7th Street DEVELOPER: Philip Jones Moser Tucker Real Estate 200 S. Commerce Street, Suite 300 Little Rock, AR 72201 AREA: 0.63 acres CURRENT ZONING LLOWED USES PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: .E Elderly Housing UU FILE NO.: FT. NEW STREET: 0 LF Uses as allowed in the UU Zoning District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 13,842 adopted by the Little Rock Board of Directors on July 15, 1980, established a Planned Development for the property located at the southwest corner of Cumberland and 7th Streets. The rezoning encompassed an area described as Lots 1, 2, 3, 10, 11, 12 and the W 125 feet of Lot 4, and the W 125 feet of the N 182 of Lot 5, Block 27, Original City of Little Rock, Arkansas for a ten -story multi -family housing project for the elderly. The project was approved to allow a ten story 200 unit apartment development for the elderly and was sponsored by the Second Baptist Church. The project included the Albert Pike project located to the west and would be know as Albert Pike II would allow the construction of a second building. Parking for the project would include approximately 20 parking spaces under the building and 110 spaces located immediately north of the project site. A. PROPOSAUREQUEST: Per Section 36-458(a) Cause for revocation as enforcement action. The Planning Commission may recommend to the Board of Directors that any PUD or March 1, 2007 SUBDIVISION ITEM NO.: 21 (Cont. FILE NO.: Z-3491 PD approval be revoked and all building permits or certificates of occupancy be voided under the following circumstances: (1) The applicant has not submitted a final development plan to staff. Where a staged development plan is approved the Board of Directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) Construction has not commenced within the time allowed. (3) The applicant has not adhered to the development schedule as stated in the approved preliminary plan. In addition, to the revocation for cause, Section 36-454(e) final development plan states the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Request for extensions of time shall be submitted in writing to the Planning Commission which may grant one extension of not more than two years. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. Per the ordinance requirement of the procedure for revocation, staff has contacted the applicant indicating the default of approval and setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PD zoning classification. According to the ordinance, the Planning Commission shall provide a recommendation which shall be forwarded to the Board of Directors for disposition as in the original approval. B. EXISTING CONDITIONS: To the north of the site is a parking lot and south of the site is a church. East of the site are residential uses, the Albert Pike Phase I is located to the west. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Downtown Neighborhood Association, the McArthur Park Property Owners Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the proposed development were notified of the public hearing. D. STAFF RECOMMENDATIONS: Staff recommends the approval be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current PD zoning classification be revoked and the property be zoned UU. E t ti March 1, 2007 SUBDIVISION ITEM NO.: 21 (Cont.) FILE NO.: Z-3491 PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented a recommendation that the approved PD zoning be voided since the applicant has failed to satisfy the requirements of the approval process. Staff presented a recommendation the current PD zoning classification be revoked and the property be zoned UU. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 3