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HomeMy WebLinkAboutZ-4332-A Applicationb U v w U cif U w 0 4J 0) v 0 0 M a� Cd U 0 a ORDINANCE NO. 17,276 AN ORDINANCE REAFFIRMING A PREVIOUSLY APPROVED SINGLE USE PLANNED UNIT DEVELOPMENT TITLED "WEST SIDE CREEK APARTMENTS LONG -FORM PRD" (Z-4332-A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, Little Rock, Ark., Ordinance ("LRO") No. 16,823 (December 28, 1994) reaffirmed the Little Rock Board of Directors' approval of single use planned unit developments ("PUD") which were approved by the Board prior to the decision in City of Little Rock v. Pfeifer, et al., 887 S.W.2d 296 (1994), a case which invalidated that portion of Little Rock's zoning ordinance as it relates to single use PUDs; and WHEREAS, LRQ No. 16,798 (December 20, 1994) amended the zoning ordinance to allow single use PUDs in compliance with the Pfeifer ruling; and WHEREAS, Section 2 of LRQ No. 16,823 allowed the reaffirmation of single use PUDs approved prior to September 1, 1994 by the filing of a written request by the owner or agent. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That the zone classification of the PRD "Titled West Side Creek Phase II Long -Form PRD" be renamed and reaffirmed as consistent with LRQ No. 16,798, as follows: West Side Creek Apartments Long -Form Planned Development Residential (PD-R) Z-4332-A. SECTION 2. The land use plan and the zoning map of the parcels described in the ordinance listed in Section 1 above are hereby amended to the extent and in the respects necessary to affect and designate the zoning change approved in those ordinances. SECTION 3. EMERGENCY CLAUSE. The ruling in City of Little Rock v. Pfeifer, et al., 887 S.W.2d 296 (1994), has impacted the validity of previously approved single use PUDs. The City has amended its zoning ordinance to clearly authorize single use PUDs in compliance with Pfeifer. In order for the above -named development to continue to operate in compliance with the current PUD regulations, an emergency is declared to exist and this ordinance shall become effective immediately upon its approval for the health, safety and welfare of the citizens of the City of Little Rock. PASSED: October 1. 1996 ATTEST: Robbie Hancock City Clerk APPROVED: Jim Daile Mayor u-4 0 4J m W 4 0 b u +J c� u 0 a ORDINANCE NO. 17,276 AN ORDINANCE REAFFIRMING A PREVIOUSLY APPROVED SINGLE USE PLANNED UNIT DEVELOPMENT TITLED "WEST SIDE CREEK APARTMENTS LONG -FORM PRD" (Z-4332-A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, Little Rock, Ark., Ordinance ("LRO") No. 16,823 (December 28, 1994) reaffirmed the Little Rock Board of Directors' approval of single use planned unit developments ("PIID") which were approved by the Board prior to the decision in City of Little Rock v. Pfeifer, et al., 887 S.W.2d 296 (1994), a case which invalidated that portion of Little Rock's zoning ordinance as it relates to single use PUDs; and WHEREAS, LRQ No. 16,798 (December 20, 1994) amended the zoning ordinance to allow single use PUDs in compliance with the Pfeifer ruling; and WHEREAS, Section 2 of LRQ No. 16,823 allowed the reaffirmation of single use PUDs approved prior to September 1, 1994 by the filing of a written request by the owner or agent. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That the zone classification of the PRD "Titled West Side Creek Phase II Long -Form PRD" be renamed and reaffirmed as consistent with LRQ No. 16,798, as follows: West Side Creek Apartments Long -Form Planned Development Residential (PD-R) Z-4332-A. SECTION 2. The land use plan and the zoning map of the parcels described in the ordinance listed in Section 1 above are hereby amended to the extent and in the respects necessary to affect and designate the zoning change approved in those ordinances. SECTION 3. EMERGENCY CLAUSE. The ruling in City of Little Rock v. Pfeifer, et al., 887 S.W.2d 296 (1994), has impacted the validity of previously approved single use PUDs. The City has amended its zoning ordinance to clearly authorize single use PUDs in compliance with Pfeifer. In order for the above -named development to continue to operate in compliance with the current PIID regulations, an emergency is declared to exist and this ordinance shall become effective immediately upon its approval for the health, safety and welfare of the citizens of the City of Little Rock. PASSED:_ October 1, 1996 ATTEST: APPROVED: Robbie Hancock Jim Dai City Clerk Mayor City of Little Rock Department of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201-1334 13 (501) 371-4790 October 3, 1996 Mr. Stuart W. Hankins Hankins Law Firm 800 West 4th Street P. O. Box 5670 No. Little Rock, AR 72119 Re: West Side Creek Apartments Long -Term PRD File No. Z-4332-A 4710 Sam Peck Road Dear Mr. Hankins: Planning Zoning and Subdivision Please find attached a copy of the City Board Ordinance No. 17,276 adopted by the Little Rock Board of Directors on October 1, 1996. This ordinance provides for the reaffirmation of the West Side Creek PRD as a single use PD-R application. I believe this resolves the issue that we had discussed previously and covered in your letter of September 17, 1996. I am documenting our files with this ordinance and the Board's record of this action for future reference. If at anytime in the future that I can be of assistance to you and in regard, do not hesitate to contact my office. Sincerely, 4JUMQ Richard Wood, Manager Zoning and Subdivision Division RW: as cc: Case File No. Z-4332-A Attachment OFFICE OF THE CITY MANAGER Item LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION OCTOBER 1, 1996 AGENDA Subject Action Required Submitted By Reaffirmation of a single use 40rdinance PUD titled "West Side Creek Resolution Apartments, Long -Form" Approval (Z-4332-A) Southwest of Information Report Cantrell Road at Sam Peck Road d Charles Nickerson SYNOPSIS City Manager The owner of this apartment complex was one of several receiving formal notice of the requirement to reaffirm single use PUDs. This occurred in February 1995 by letter from the Planning Staff. The letter did not reach the correct person and no action was taken to include this site in the group ordinance reaffirming forty (40) PUDs. FISCAL IMPACT None RECOMMENDATION The Staff recommends that the proposed ordinance be approved, from "PRD" to "PD-R". CITIZEN None in as much as no change is proposed. The project has been PARTICIPATION constructed several years and occupied as multifamily. The only action is retitle of the PUD. BACKGROUND Prior to 1994, the City used its planned unit development ordinances for both single and multiple use planned developments. This practice was called into jeopardy after the Arkansas Supreme Court ruled that the failure of an ordinance to permit a single use planned development rendered arbitrary and capricious any such development. City of Little Rock vs Pfeifer, 318 Ark. 679, 887 S.W.2d 296 (1994). r BACKGROUND CONTINUED The City responded by adopting LRO 16,798. In this ordinance, and a companion ordinance, the City expressly defined the single use planned unit development. It also grandfathered all such developments that had been approved since a certain date in 1994. In addition, it permitted all entities with a single use planned unit development to petition the City within a certain period of time to be included in a general ordinance that would automatically change the name of the development and come into compliance with the new ordinance. ORDINANCE NO. AN ORDINANCE REAFFIRMING A PREVIOUSLY APPROVED SINGLE USE PLANNED UNIT DEVELOPMENT TITLED "WEST SIDE CREEK APARTMENTS LONG -FORM PRD" (Z-4332-A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, Little Rock, Ark., Ordinance ("LRO") No. 16,823 (December 28, 1994) reaffirmed the Little Rock Board of Directors' approval of single use planned unit developments ("PUD") which were approved by the Board prior to the decision in City of Little Rock v. Pfeifer, et al., 887 S.W.2d 296 (1994), a case which invalidated that portion of Little Rock's zoning ordinance as it relates to single use PUDs; and WHEREAS, LRQ No. 16,798 (December 20, 1994) amended the zoning ordinance to allow single use PUDs in compliance with the Pfeifer ruling; and WHEREAS, Section 2 if LRQ "o.46,82 allow, he rea f i ion of inle u e P s ap rov for to September 1 4 by tk�e fi�rg of a itten gv!'est y he awx�er or agent.'` NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That the zone classification of the PRD "Titled West Side Creek Phase II Long -Form PRD" be renamed and reaffirmed as consistent with LRQ No. 16,798, as follows: West Side Creek Apartments Long -Form Planned Development Residential (PD-R) Z-4332-A. SECTION 2. The land use plan and the zoning map of the parcels described in the ordinance listed in Section 1 above are hereby amended to the extent and in the respects necessary to affect and designate the zoning change approved in those ordinances. SECTION 3. EMERGENCY CLAUSE. The ruling in City of Little Rock v. Pfeifer, et al., 887 S.W.2d 296 (1994), has impacted the validity of previously approved single use PUDs. The City has amended its zoning ordinance to clearly authorize single use PUDs in compliance with Pfeifer. In order for the above -named development to continue to operate in compliance with the current PUD regulations, an emergency is declared to exist and this ordinance shall become effective immediately upon its approval for the health, safety and welfare of the citizens of the City of Little Rock. PASSED: ATTEST: City Clerk APPROVED: Mayor Hankins, � licks, Madden & Blackwood A Partnership of Professional Associations STUART W. HANKINS, P.A t ATTORNEYS AT LAW BASIL V. HICKS, JR., P.A. HAROLD W. MADDEN, P.A. 800 WEST FOURTH STREET AMY BLACKWOOD POST OFFICE BOX 5670 NORTH LITTLE ROCK, ARKANSAS 72119 September 17, 1996 Mr. Richard Woods Manager Zoning and Subdivision Planning Department 723 West Markham Little Rock, AR 72201-1334 TELEPHONE (501) 371-9226 FAX (501) 371-0240 t ALSO LICENSED IN ALABAMA HAND DELIVERED Re: West Side Creek Apartments -- Long Term PRD (2-4332) 4710 Sam Peck Road Little Rock, AR 72212 Dear Mr. Woods: This letter is in response t❑ Mr. Bobby Sims' February 9, 1995 letter addressed to Ms. Gayle Corley concerning the re- certification of the captioned property as a single -use PD under the City of Little Rock's Ordinance No. 16,798. Unfortunately, the February 9, 1995 letter never found its way to the owner of this property and its existence was only recently discovered in connection with a re -financing of the property. The significance of this situation was explained to me by the Little Rock City Attorney by letter dated September 6, 1996 a copy of which has been delivered to your office. Please consider this letter as a formal request an behalf of West Side Creek Associates Limited Partnership, owner of the captioned property, to re -certify the actual status of this development as a PD-R under Ordinance No. 16,798. Please advise me what, if anything, i may do to assist in this process to Mr. Richard Woods Page 2 September 17, 1996 include preparation of the necessary ordinance to be submitted to the City Board of Directors should you desire for me to do so. I will await further instructions from your office. Very truly yours, HAN INS, HICKS, MAD❑ N & BL CKWOOD BY: STUART W. HANKINS cc: Mr. Milton Klein SWH/cjm City of Little Rock Thomas M. Carpenter City Attorney September 6, 1996 3/-,/-Z�) Stuart Hankins, Esq. P.O. Box 5670 North Little Rock, Arkansas 72119 City Hall 500 W. Markham St. Little Rock, AR 72201-1400 501/371-4527 501/371-4675 (FAX) Re: Westside Creek Apartments, Long Form PRD, Z-4332 Dear Stuart: I understand that you are going to sell, or refinance, the property that is covered by the above referenced planned use development. I also understand that this single use planned unit development has never actually sought to be realigned as a planned development -residential pursuant to Little Rock, Ark., Ordinance No. 16,798 (December 20, 1994)("LRO"). Some history is in order. Prior to 1994, the City used its planned unit development ordinances for both single and multiple use planned developments. This practice was called into jeopardy after the Arkansas Supreme Court ruled that the failure of an ordinance to permit a single use planned development rendered arbitrary and capricious any such development. city of Little Rock v. Pfeifer, 318 Ark. 679, 887 S.W.2d 296 (1994). The City responded by adopting LRO 16,798. In this ordinance, and a companion ordinance, the City expressly defined the single use planned unit development. It also grandfathered all such developments that had been approved since a certain date in 1994. In addition, it permitted all entities with a single use planned unit development to petition the City within a certain period of time to be included in a general ordinance that would automatically change the name of the development and come into compliance with the new ordinance. I understand that your clients did not petition for such a change. The purpose of that procedure was to assure that the entity would contact the City so the City could offer the ordinance that would make the change. Once that time period ended, it was up to the entity to request the change on its own. Since your planned development was constructed, and the site plan approved, within the requisite period of time, it should merely be a formality to get the ordinance amendment that you request. There have been some cases in which the entity did not construct the planned development within the requisite period of time, and in those cases the City has refused to permit the automatic rezoning. But, in this instance, all that is being requested is a formal name change to reflect the actual status of the development. It should be no problem. Letter to Stuart Hankins, Esq. Re: Westside Creek Apartments, Long Form PRD, Z-4332 September 6 1996: Page 2 T hope that this answers the questions that you posed and, that this letter will enable your financial closing to go throuvh. I will be out of the office for most of Friday, but if you will contact me on Monday, we can start the process to have the ordinance amended at the first appropriate meeting. Sincerely, IE`T�tr - Thomas M. Carpenter City Attorney TMC:ct CC. Jim Lawson, Director of Planning L ity of Little Rock epartment of Neighborhoods and Planning 723 West Markham Little Rock, Arkansas 72201-1334 (501) 371-4790 February 9, 1995 Ms. Gayle Corley The Friday Law Firm 400 W, Capitol Ave., Suite 2000 Little Rock, AR 72201 RE: WESTSIDE CREEK APARTMENTS -- LONG -FORM PRD (Z-4332) (Vicinity of Sam Peck Rd. and Cantrell Rd.) - - - Dear Ms. Corley: This will confirm our conversation regarding the zoning of the referenced project. Planning Zoning and Subdivision The site, which is zoned 'PRD", is described -in metes and bounds with an area of 14.852 acres in Ordinance No. 15,050, passed by -the Little Rock Board of Directors on February 4, 1986. Despite any other information to the contrary, the site described in the Ordinance is the site which was zoned PRD, and this site involves 14.852 acres. I do not know where the 11.87 acre figure came from, and how it showed up in one of the Planning Commission ' agenda items, but that figure is incorrect. Also, you might want to be aware that, since the Supreme Court decision on the Pheiffer ease, all single -use PUDs (in this case, a PRD) could be subject to chaDenge in court. The City passed a new ordinance for single -use PUDs, a "PD" ordinance, and the City is supposed to ask PUD owners if they want to re -certify their PUD as a single -use PD. All applicants, as of the date of the original filing, have been sent letters to this effect. Many of the letters, of course, are being returned as undeliverable. This pro ect, presumably, needs to be recertified as a "Planned Development -Residential" (PD-R), gut the owner/applicant is required by the ordinance to request the recertification. If the present or new owners of the project want to proceed with this process, we need to receive a letter from them or their representative. I hope this gives you the information you need. Sincerel-v, Bobby E. Sims Subdivision Administrator cz cm § � z ) k § 2 $ § >w \ E o ) § Iwo 2 § Z ` / ) _§ k \ z