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HomeMy WebLinkAboutZ-5096-C Staff AnalysisApril 12, 2007 ITEM NO.: 20 NAME: Brodie Creek Long -form Revocation FILE NO.: Z -5096-C LOCATION: Located South of Kanis Road and East of Kirby Road DEVELOPER: Rocket Properties, Inc. 2024 Arkansas Valley Drive Little Rock, AR 72212 ENGINEER: White Daters and Associates 24 Rahling Road Little Rock, AR 72223 AREA: 48.0 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PRD ALLOWED USES: Single-family, Commercial and Recreational PROPOSED ZONING: R-2, Single-family PROPOSED USE: Single-family residential VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 16,908 adopted by the Little Rock Board of Directors on June 20, 1995, established the Brodie Creek Conceptual PRD rezoning 700+ acres from R-2, Single- family to PRD. The conceptual plan included a comprehensive plan establishing areas for residential, commercial and recreational uses. Ordinance No. 16,910 adopted by the Little Rock Board of Directors on July 3, 2001, added an additional 75 acres to the approved site plan. Only a portion of the approved development plan was constructed, near Bowman Road. Since that time two revocation actions have occurred on portions of the approved PRD zoned area. Ordinance No. 18,518 revoked the previously identified Phase 4 PRD zoning restoring the R-2 Single-family zoning classification and Ordinance No. 19,012 revoked the PRD zoning classification for the southern portion of the PRD zoned area (Near Saw Grass Drive). Presently there are two areas remaining April 12, 2007 SUBDIVISION ITEM NO.: 20(Cont.)FILE NO.: Z -5096-C zoned PRD. The first is an area located near Kanis Road containing approximately 48 acres and the second located near the Olds Road area containing 300 acres. 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 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: The site is a wooded site located south of Kanis Road at the intersection with Kirby Road. The western boundary of the PRD is the City limits. The area appears to be relatively flat. A branch of the Panther Creek is located along the southern boundary of the PRD. To the east of the site are single-family homes, both attached and detached, being constructed in a newly developing subdivision, Taylor Park. Further east are residences located along White Road. To the north of the site are also single-family homes located on large lots and acreage. West of the site is vacant land currently zoned R-2, single-family. At the intersection of Kanis and Kirby Roads is a site zoned C-1, Neighborhood Commercial and further north is a site zoned PR -R approved for the development of attached single-family homes. K 1, l . April 12, 2007 SUBDIVISION ITEM NO.: 20 Cont. FILE NO.: Z -5096-C C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents located within 300 -feet of the site, who could be identified, along with the Parkway Place Property Owners Association, the Gibralter Height/Point West/Timber Ridge Neighborhood Association and the Spring Valley Manor Property Owners Association were notified of the public hearing. D. STAFF RECOMMENDATIONS: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current PRD zoning classification be revoked and the previously held R-2, Single-family zoning District be restored. PLANNING COMMISSION ACTION: (APRIL 12, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating they felt the approval should be voided since the applicant had failed to satisfy the requirements of the approval process. Staff presented a recommendation the current PRD zoning classification be revoked and the previously held R-2, Single-family Zoning District be restored. 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 10 ayes, 0 noes and 1 absent. 3 FILE NO.: Z -5096-C NAME: Brodie Creek Long -form Revocation LOCATION: Located South of Kanis Road and East of Kirby Road DEVELOPER: Rocket Properties, Inc. 2024 Arkansas Valley Drive Little Rock, AR 72212 ENGINEER: White Daters and Associates 24 Rahling Road Little Rock, AR 72223 AREA: 48.0 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF WE Single-family, Commercial and Recreational R-2, Single-family Single-family residential VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 16,908 adopted by the Little Rock Board of Directors on June 20, 1995, established the Brodie Creek Conceptual PRD rezoning 700+ acres from R-2, Single- family to PRD. The conceptual plan included a comprehensive plan establishing areas for residential, commercial and recreational uses. Ordinance No. 16,910 adopted by the Little Rock Board of Directors on July 3, 2001, added an additional 75 acres to the approved site plan. Only a portion of the approved development plan was constructed, near Bowman Road. Since that time two revocation actions have occurred on portions of the approved PRD zoned area. Ordinance No. 18,518 revoked the previously identified Phase 4 PRD zoning restoring the R-2 Single-family zoning classification and Ordinance No. 19,012 revoked the PRD zoning classification for the southern portion of the PRD zoned area (Near Saw Grass Drive). Presently there are two areas remaining FILE NO.: Z -5096-C zoned PRD. The first is an area located near Kanis Road containing approximately 48 acres and the second located near the Olds Road area containing 300 acres. 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 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: The site is a wooded site located south of Kanis Road at the intersection with Kirby Road. The western boundary of the PRD is the City limits. The area appears to be relatively flat. A branch of the Panther Creek is located along the southern boundary of the PRD. To the east of the site are single-family homes, both attached and detached, being constructed in a newly developing subdivision, Taylor Park. Further east are residences located along White Road. To the north of the site are also single-family homes located on large lots and acreage. West of the site is vacant land currently zoned R-2, single-family. At the intersection of Kanis and Kirby Roads is a site zoned C-1, Neighborhood Commercial and further north is a site zoned PR -R approved for the development of attached single-family homes. 2 FILE NO.: Z -5096-C Cont. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents located within 300 -feet of the site, who could be identified, along with the Parkway Place Property Owners Association, the Gibralter Height/Point West/Timber Ridge Neighborhood Association and the Spring Valley Manor Property Owners Association were notified of the public hearing. D. STAFF RECOMMENDATIONS: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current PRD zoning classification be revoked and the previously held R-2, Single-family zoning District be restored. PLANNING COMMISSION ACTION: (APRIL 12, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating they felt the approval should be voided since the applicant had failed to satisfy the requirements of the approval process. Staff presented a recommendation the current PRD zoning classification be revoked and the previously held R-2, Single-family Zoning District be restored. 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 10 ayes, 0 noes and 1 absent. c