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Home My WebLink AboutZ-4551-F ApplicationArea Zoning City of Little Rock Planning & Development � s Case: Z-4551 -F Location: 12123 Kanis Road Ward: 6 N PD: 18 CT: 42.07 0 160 320 TRS: T1 N R1 3W 9 Feet Vicinity Map Land Use Plan City of Little Rock Planning & Development M Rev: 2/16/2017 Case: Z-4551 -F Location: 12123 Kanis Road Ward: 6 N PD: 18 CT: 42.07 0 160 320 TRS: TIN R1 3W 9 Feet F KANIS ROAD Si IpwW.aM"n MI.r "v*. Sketch City of Little Rock Planning & Development Case No: Z -4551-F Issue: Short -form PCD Name: The Madina Institute N Location: 12123 Kanis Road - SEC Cherry Brook and Kanis OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION APRIL 18, 2017 AGENDA Subject An Ordinance waiving the boundary street ordinance requirements for Madina Institute Short -form PCD, located at 12123 Kanis Road. Submitted by: Department of Planning and Development SI'NOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required 1 Ordinance Resolution Approval Information Report Approved By Bruce T. Moore The applicant is requesting a waiver of the required boundary street improvements to Kanis Road adjacent to 12123 Kanis Road, the Madina Institute. Approval of the ordinance will result in cost of the street improvements becoming a public obligation. Staff recommends denial of the requested boundary street ordinance waiver request. The Planning Commission voted to recommend denial of the request by a vote of 5 ayes, 4 noes and 2 absent. Ordinance No. 21,260 adopted by the Little Rock Board of Directors on July 12, 2016, rezoned approximately 2.03 acres located at the southeast corner of Cherry Brook Drive and Kanis Road from PCD and 0-3, General Office District to PCD. One parcel was undeveloped and the other was an office warehouse for BBA Solutions. The Madina Institute proposed working to build a place for social, cultural and spiritual needs. Upon receiving zoning approval the Madina Institute purchased the property Iocated at 12123 Kanis Road and the adjacent vacant lot to use site BACKGROUND CONTINUED for office space for adult and youth education, cooking classes, meditation workshops, community service initiatives and interfaith dialogue seminars. The large warehouse space was proposed as a multipurpose room for food and fellowship as well as for worship services. The west lot was to be developed into a parking lot. As a condition of approval the applicant was to construct the boundary street improvements to Kanis Road. Public Works comments related to the street improvements and noted in the Planning Commission write-up for May 17, 2016, were: I. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. J. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5 -foot sidewalk with the planned development. The new curb should be constructed as shown on plan. The City of Little Rock is proposing a Kanis Road widening project to bid in August, 2016. If a permit is issued for the proposed development prior to the bid date, the property owner is responsible to provide payment in -lieu of construction for the required street improvements and driveway apron. The applicant has indicated the dedication of right of way will be provided as requested. The applicant is seeking a waiver of the boundary street ordinance requirements for the improvements along Kanis Road. Section 30-283(e) of the Little Rock Code of Ordinances states where a public project is planned, construction of improvements or in -lieu cash contributions shall be required until the day of bid opening for public improvement. On or after the day of the bid opening, the owner of unplatted property abutting the project shall not be responsible for boundary street improvements unless planned improvements do not meet the master street plan requirements. City of Little Rock staff estimated the in -lieu cash contribution would be between $60K and $80K. 2 BACKGROUND CONTINUED Kanis Road is scheduled for widening in the near future. Currently staff is working to complete right-of-way acquisition, after which time the project will be bid. Staff anticipates the bidding of the Kanis Road project will be no later than August, 2017. Staff is not supportive of the applicant's request for a waiver of the boundary street ordinance improvements to Kanis Road. The ordinance is very clear on the requirements for street improvements and when a developer is no longer required to provide the improvements. Based on the fact the developer is moving forward with a grading permit and building permit renovation request prior to the City bidding the Kanis Road project staff feels the developer should install the improvements are previously agreed and as required by City Ordinance. The Planning Commission reviewed the proposed request at its March 16, 2017. 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 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE BOUNDARY STREET ORDINANCE CONSTRUCTION REQUIREMENTS FOR 12123 KANIS ROAD. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 30 of the Code of Ordinances be amended to provide for a waiver of certain requirements within the Boundary Street Ordinance for the Madina Institute located at 12123 Kanis Road. Subsection a. That Chapter 30 Article VI requiring developers to construct roadway improvements to the requirements of the Master Street Plan be waived for the Madina Institute located at 12123 Kanis Road. The specific waiver is for half -street widening including, new pavement, sidewalk and earthwork. Subsection b. Any future zoning actions, construction, or redevelopment of the site will be subject to Master Street Plan requirements. SECTION 2. That this Ordinance shall take effect thirty (30) days from and after its passage. PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney H APPROVED: Mayor Page 1 of 1 O5 �Q2 S CUP -13 0#2 d* ......... Lz --J Lai L P-OINT-WEST--C E] El E71 M rn2 PCD ME -2 C3 POD - 1 7 THIS SITE APAW I [R2 C 30 3 C3 1-03 PCD CUP PCI u u ir PCD CV Cz IL PCD uj Vart T n PCD 1--c L R2.FL. R ta --Wo-0 DBOURNE'D R I Vicinity Map Area Zoning City of Little Rock Planning & Development Rev: 2/16/20171 Case: Z-4551 -F Location: 12123 Kanis Road Ward: 6 PD: 18 CT 42.07 TRS: T1 N RI 3W 9 A 03 03 N A 160 320 Feet c c ---- -. 5 JTHIS SITE MOc �— 50�^ 't a P_INT.O:P_T i LPK/()S u Qlu cir ev iv� is STD WWII �LRL"� U �R Alp� �0 IF in 1 1.6 WOODBOURNE'DR Land Use Plan City of Little Rock Planning & Development Vicinity Map Rev: 2/16/2017 c Case: Z-4551 -F Location: 12123 Kanis Road Ward:6 PD: 18 CT: 42.07 TRS: TIN RI 3W 9 so N 160 320 Feet o INTWEST_CV f Ur PK/OS 4 c c ---- -. 5 JTHIS SITE MOc �— 50�^ 't a P_INT.O:P_T i LPK/()S u Qlu cir ev iv� is STD WWII �LRL"� U �R Alp� �0 IF in 1 1.6 WOODBOURNE'DR Land Use Plan City of Little Rock Planning & Development Vicinity Map Rev: 2/16/2017 c Case: Z-4551 -F Location: 12123 Kanis Road Ward:6 PD: 18 CT: 42.07 TRS: TIN RI 3W 9 so N 160 320 Feet 1� J OLIM/ M .110- <,, 1 a AI 487UIQIW I 148.&3• sa r Sketch City of Little Rock Planning &Development Case No: Z -4551-F Issue: Short -form PCD Name: The Madina Institute N Location: 12123 Kanis Road - SEC Cherry Brook and Kanis Et City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 March 20, 2017 Madian Institute 12123 Kanis Road Little Rock, AR 72211 Planning Zoning and Subdivision Re: Z4551 -F — the Madina Institute Short -form PCD, located at 12123 Kanis Road 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 March 16, 2017: Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. X 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 April 18, 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 April 3rd 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 To: Board of Directors City of Little Rock Re: Madina Institute Street Improvements Dear Donna James, Madina Institute is a small congregation of Muslims that came into existence 3 months ago. We are very appreciative of City of Little Rock for facilitating the planning and zoning process for us. Currently, we are starting construction of a parking lot on our property adjacent to Kanis Road and Cherry Brook Road that would allow our congregation to worship together and establish as a community. The parking lot was included in our initial vision and is vital to the growth of our membership. We will be working with the Public Works department to do the construction under a temporary grading and building permit. At the same time, the City of Little Rock is initiating the Kanis Road Widening Project and most of the boundary street improvements for the businesses alongside Kanis Road will be taken care of by the City of Little Rock. The City would also take care of these street improvement costs for Madina Institute if we delay the construction of our parking lot till the bidding process for the Kanis Road Project has commenced. However, it is very challenging for us to wait as our congregation is in dire need of a parking lot before the month of Ramadan (starting late May), the holy month of worship for all Muslims. We would humbly request the City of Little Rock to waive the cost of the half street improvements that Madina Institute is subjected to pay if we start the parking lot construction now. We appreciate your help and please feel free to contact me if any additional information about this project is needed. Sincerely, Sophia Said Chairperson, Board of Trustees Madina Institute 12123 Kanis Rd. Little Rock, AR 72211 James, Donna From: Sophia Said <sophiasaid@yahoo.com> Sent: Wednesday, February 15, 2017 4:51 PM To: James, Donna Subject: Letter to the City Attachments: Waiver Request from Madina Institute.docx Dear Donna, I have just submitted a final letter to Vince that should get us temporary permits. Please check email. If we donot need anything else to go back to Commission, that is great but my understanding from yesterday is that I need to write to the City explaining why we are requesting a waiver, separate from what I just submitted to Vince for construction permits. If yes, then please help me with the draft attached. Who should be the letter addressed to? How much details needed in that? Please give feedback what else we need to do to go to the Planning Commission. Sincerely Sophia Sophia Said, MPS Programs Director ITSSMInterfaith Center www. interfaith. itssm. orp, Phone: 801-520-1565 I James, Donna From: Sophia Said <sophiasaid@yahoo.com> Sent: Wednesday, February 15, 2017 4:34 PM To: Floriani, Vince; James, Donna Subject: Re: Madina Institute Street Improvements and Grading Permit Attachments: Grading Permit Request - Madina Institute.pdf Dear Vince, Please see attached letter incorporating all your suggestions. Please let me know if I can send someone with the letter and the permit fees to your office tomorrow. I think it was 120 dollars. Is there anything else we need to do. Appreciate your help. Sincerely, Sophia From: "Floriani, Vince" <VFloriani@littlerock. gov> To: 'Sophia Said' <sophiasaid@yahoo.com>; "James, Donna" <DJmmes@littlerock.gov> Sent: Wednesday, February 15, 2017 3:33 PM Subject: RE: Madina Institute Street Improvements and Grading Permit Ms Said, After marking up your letter, it was very confusing so I retyped the body of the letter as follows: Madina Institute is applying for a waiver from the City of Little Rock Board of Directors to waive the payment of the fee in -lieu of construction of the Kanis Road half street improvements. Madina Institute will wait for and comply with the City's decision on the approval of the waiver request. If the City of Little Rock Board of Directors does not waive the in -lieu payment, Madina Institute will work with the Public Works Department to come up and mutually agree upon the amount of the payment of the in -lieu fee for half street improvements. Meanwhile, at the time all other permit comments are adequately addressed and all approvals have been obtained from the City of Little Rock, Madina Institute would respectfully request the issuance of grading and building permits to start construction of a parking lot and building modifications on the property at 12123 Kanis Road. If the waiver request is denied by the City of Little Rock Board of Directors, prior to the issuance of the certificate of occupancy, Madina Institute will pay the agreed upon amount of the payment in -lieu of construction of the required half street improvements to Kanis Road even if at that time the bidding process for the Kanis Road Project has commenced. If you have any questions, please let me know. Thanks, Vince Floriani, P.E. Little Rock Public Works -Civil Engineering 701 W. Markham St. Little Rock, Arkansas 72201 501-371-4817 From: Sophia Said [mailto:sophiasaid@yahoo.com] Sent: Wednesday, February 15, 2017 11:06 AM To: Floriani, Vince; James, Donna Subject: Madina Institute Street Improvements and Grading Permit Dear Vince and Donna, First of all, thank you so much for your time and a wonderful meeting yesterday. I wanted to get the letter to you asap but got a little confused while writing... if I am writing to City Directors to give us a waiver on City Improvements Costs OR if I am writing to Vince to give us temp permits OR if I doing both? So I just went ahead and drafted both for now. Would you please look at these drafts and let me know which direction I should be headed. I especially need guidance on the letter to city directors, dont want to say something that I do not need to say. Please see attached and give feedback. I can get the hard copies of the final letter/s delivered to your offices today hopefully, after I incorporate your feedback. My sincerest gratitude to both of you for working with us. Best Regards, Sophia Sophia Said, MPS Programs Director ITSSM Interfaith Center www, interfaith. itssm. orp Phone: 801-520-1565 To: Little Rock Public Works -Civil Engineering 701 W. Markham St. Little Rock, Arkansas 72201 501-371-4817 Re: Madina Institute Grading and Building Permits Dear Vince Floriani Madina Institute is applying for a waiver from the City of Little Rock Board of Directors to waive the payment of the fee in -lieu of construction of the Kanis Road half street improvements. Madina Institute will wait for and comply with the City's decision on the approval of the waiver request. If the City of Little Rock Board of Directors does not waive the in -lieu payment, Madina Institute will work with the Public Works Department to come up and mutually agree upon the amount of the payment of the in -lieu fee for half street improvements. Meanwhile, at the time all other permit comments are adequately addressed and all approvals have been obtained from the City of Little Rock, Madina Institute would respectfully request the issuance of grading and building permits to start construction of a parking lot and building modifications on the property at 12123 Kanis Road. If the waiver request is denied by the City of Little Rock Board of Directors, prior to the issuance of the certificate of occupancy, Madina Institute will pay the agreed upon amount of the payment in -lieu of construction of the required half street improvements to Kanis Road even if at that time the bidding process for the Kanis Road Project has commenced. If you have any questions, please let me know. Thanks, Sophia Said Chairperson, Board of Trustees Madina Institute 12123 Kanis Rd. Little Rock, AR 72211