HomeMy WebLinkAboutZ-5817-D ApplicationRPM
Rector Phillips Morse, Inc
Commercial & Investment Division
1501 N. University Ave., Suite 800
Little Rock, AR 72207
Office (501) 664-7807 Fax (501) 664-0104
February 16, 2012
Mr. Tony Bozynski, Director
Little Rock, Planning Department
723 West Markham
Little Rock, Arkansas 72201
RE: Rezoning Appeal
Lots 1, 2 & 3 Magnolia Terrace Addn.
Dear Mr. Bozynski:
Arkansas Realtors Association
Certified Commercial Investment Member
Commercial Investment Real Estate Institute
CORFAC International
Institute of Real Estate Management
International Council of Shopping Centers
Little Rock Realtors Association
National Association of Realtors
Realtors National Marketing Institute
Society of Industrial & Office Realtors
Women Council of Realtors
The owners of the above referenced properties, being lberiabank (lots 1 &2), and J. J. Childers (lot 3) are
requesting that the application Z -5817-D (William Dean, applicant) be withdrawn from further
consideration.
Rector Phillips Morse, Inc. is the real estate broker for both owners.
Sincerely,
JDL.�OBurnett,aS<10elt
Ti,B/cs
Cc: Bill Neal, Iberiabank via email
J. J. Childers via email
William Dean via email
Tom Carpenter, Esq. via email
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 371-6663
May 24, 2011
Bill Dean
209 Roya Lane
Bryant, AR 72202
Planning
Zoning and
Subdivision
Re: Magnolia Terrace Addition Short -form POD Revocation (Z -5817-D),
located at 15100 and 15120 Cantrell 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 May 19, 2011:
Approved with conditions.
X Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the
Other:
Meeting.
This item will be forwarded to the Little Rock Board of Directors for final
disposition. The hearing will be held June 21, 2011. The meeting begins at 6:00
pm and is held in the Board of Directors chambers, City Hall, 500 West Markham
Street. If you have any questions concerning the appeals process please do not
hesitate to contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JUNE 21, 2011 AGENDA
Subject
An Ordinance revoking a
Planned Zoning District
titled Magnolia Terrace
Addition Lots 1 - 3 POD
(Z -5817-D), located at
15100 - 15120 Cantrell
Road.
Submitted by:
Department of Planning
and Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN
PARTICIPATION
BACKGROUND
Action Required
gOrdinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
The request is a revocation of an expired POD zoning and
the restoration of the previously held R-2, Single-family
zoning.
None.
Staff recommends approval of the requested revocation of
the expired POD zoning. The Planning Commission voted
to recommend approval of the requested revocation of the
expired POD zoning by a vote of 10 ayes, 0 noes and
1 absent.
The Planning Commission reviewed the proposed
revocation request at its May 19, 2011, meeting. There
were no registered objectors present.
Ordinance No. 16,690 adopted by the Little Rock Board of
Directors on June 7, 1994, established South Hills Terrace
Addition Short -form POD, for a portion of this site
containing 1.27 acres. The proposal included (Phase I) the
utilization of an existing residential structure located- at the
rear of the site as an office use for a civil engineering
BACKGROUND
CONTINUED
company and (Phase II) was to consist of the construction
of a second office building (5,080 square feet) at the front
of the property. The Phase I proposal included the
remodeling of the existing structure and the utilization of
the existing 12 -foot driveway. The Phase 11 portion
included the abandonment of the existing driveway, closure
of the existing curb cut, and construction of a new driveway
and curb cut. The new curb cut was to be 24 -feet.
Ordinance No. 18,211 adopted by the Little Rock Board of
Directors on February 15, 2000, established the Childress
Short -form POD on property adjacent to the east containing
1.5 acres. The site contained a 9,400 square foot, two-story
brick building which was previously used as a
non -conforming photography studio. The applicant
proposed the rezoning to allow redevelopment of the site
with building and parking lot additions. The applicant
proposed 0-1, Quiet Office District uses as allowable uses
for the site.
Ordinance No. 19,506 adopted by the Little Rock Board of
Directors on March 21, 2006, rezoned the two (2)
previously approved POD's and an area located to the west
of the POD zoned property which was zoned R-2, Single-
family to POD to allow a three (3) lot development. The
approval allowed the development of the site with three (3)
lots and four (4) buildings. 0-3, General Office District
uses were approved as allowable uses for the site. The
approval did allow the placement of ten percent (10%) of
the total gross floor area as an accessory use as identified in
the 0-3, General Office Zoning District. The lots ranged in
size from 1.18 acres to 1.53 acres. The construction of a
single story building was proposed for Lots I and 2. Lot 3
was proposed with two (2) buildings, a single -story
building and a two (2) level building utilizing the slope of
the site. The building located on Lot 1 contained
9,000 square feet. The building on Lot 2 contained
12,600 square feet and the building on Lot 3 contained a
3,000 square foot building and a 12,000 square foot
building. The overall development plan was in compliance
with the Highway 10 Design Overlay District with the
exception of the rear yard setback which was approved with
a 25 -foot setback (40 -feet typically required per the DOD).
The development has not occurred and the applicant failed
to summit the final development plan as required by the
PUD section of the ordinance within the three (3) year time
frame nor did the applicant request a time extension for the
approval.
2
BACKGROUNDI Per Section 36-458(a) Cause for revocation as enforcement
CONTINUED 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. (Z) 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
(3) 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 (1) extension of not more than two (2) 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 POD 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.
The revocation hearing was held by the Little Rock
Planning Commission on May 19, 2011. The owner of the
property was present at the Planning Commission public
hearing. The item was approved by the Planning
Commission on the Commission's Consent Agenda.
Please see the attached Planning
record and site plan for the
development proposal and the
recommendation.
e3
Commission minute
applicant's specific
staff analysis and
1 ORDINANCE NO.
2
3 AN ORDINANCE REPEALING ORDINANCE NO. 16,690
4 TITLED SOUTH HILLS TERRACE SHORT -FORM POD,
5 ORDINANCE NO. 18,211 TITLED CHILDRESS SHORT -
6 FORM POD AND ORDINANCE NO. 19,506 TITLED
7 MAGNOLIA TERRACE ADDITION LOTS 1 - 3 POD,
8 AND REVOKING PLANNED ZONING DISTRICTS,
9 LOCATED AT 15100 - 15120 CANTRELL ROAD
10 (Z -5817-D); AND FOR OTHER PURPOSES.
11
12 WHEREAS, Ordinance No. 16,690 was passed on June 7, 1994, Ordinance
13 No. 18,211 was passed on February 15, 2000 and Ordinance 19,506 was passed on
14 March 21, 2006, establishing planned zoning districts; and
15
16 WHEREAS, the time for approval of the POD has expired and the owner of
17 the subject property has agreed to the repeal of the "PZD" ordinance and restoring the
18 zoning classification as previously existed.
19
20 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS
21 OF THE CITY OF LITTLE ROCK, ARKANSAS.
22
23 SECTION 1. That Ordinance Numbers 16,690, 18,211 and 19,506 are
24 hereby repealed, removing from the official zoning map the classification POD
25 Planned Office Development District.
26
27 SECTION 2. That the property described as: Lots 1,. 2 and 3 Magnolia
28 Terrace Addition to the City of Little Rock, Pulaski County, Arkansas, containing
29 4.06 acres more or less be rezoned to R-2, Single-family.
30
[Page 1 of 31
I SECTION 3. That the map referred to in Chapter 36 of the Code of
2 Ordinances of the City of Little Rock, Arkansas, and designated district map be and is
3 hereby amended to the extent and in the respects necessary to affect and designate the
4 change provided for in Sections 1 and 2 hereof.
5
6 SECTION 4. Severability. In the event any title, section, paragraph,
7 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be
8 invalid or unconstitutional, such declaration or adjudication shall not affect the
9 remaining portions of the ordinance which shall remain in full force and effect as if
10 the portion so declared or adjudged invalid or unconstitutional was not originally a
11 part of the ordinance.
12
13 SECTION 5. Repealer. All laws, ordinances, resolutions, or parts of the
14 same that are inconsistent with the provisions of this ordinance are hereby repealed to
15 the extent of such inconsistency.
16
17 SECTION 6. It is hereby determined by the Board of Directors of the City of
18 Little Rock that there is immediate need to revoke South Hills Terrace Short -form
19 POD (Z-5817), Childress Short -form POD (Z-6786) and Magnolia Terrace Addition
20 Lots 1 - 3 POD (Z -5817-A), located at 15100 - 15120 Cantrell Road; Revocation file
21 (Z -5817-D).
22
23 An emergency is therefore declared to exist and this ordinance shall be in full
24 force and take effect from and after its passage and approval.
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ADOPTED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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APPROVED:
Mayor
[Page 3 of 31
Area Zoning
Case: Z -5817-D N
Location: Northside of Cantrell Road,
east of Rummel Road
Ward: 5
0 125250 500 Feet
PD: 1
CT: 42.05
TRS: T2NR13W19
Land
se rian
Case: Z -5817-D N
Location: Northside of Cantrell Road,
east of Rummel Road
Ward: 5 0 125250 500 Feet
PD: 1
CT: 42.05
TRS: T2N R13W19
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2011048655 Received: 8/18/2011 10:42:37 AM
Recorded: 08/18/2011 10:49:20 AM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
ORDINANCE NO. 20,4 Fs $20.00
AN ORDINANCE TO REPEAL ORDINANCE NO. 16,690 TITLED
SOUTH HILLS TERRACE SHORT -FORM POD, ORDINANCE NO.
18,211 TITLED CHILDRESS SHORT -FORM POD, AND ORDINANCE
NO. 19,506 TITLED MAGNOLIA TERRACE ADDITION LOTS 1 - 3 POD;
TO REVOKE PLANNED ZONING DISTRICTS, LOCATED AT 15100 -
15120 CANTRELL ROAD (Z -5817-D); AND FOR OTHER PURPOSES.
WHEREAS, Ordinance No. 16,690 was passed on June 7, 1994, Ordinance No. 18,211 was passed
on February 15, 2000, and Ordinance 19,506 was. passed on March 21, 2006, establishing planned zoning
districts; and
WHEREAS, the time for approval of the POD has expired and the owner of the subject property has
agreed to the repeal of the "PZD" ordinance and restoring the zoning classification as previously existed;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1, That Ordinance Numbers 16,690, 18,211 and 19,506 are hereby repealed, removing from
the official zoning map the classification POD Planned Office Development District.
Section 2. That the property described as: Lots 1, 2 and 3 Magnolia Terrace Addition to the City of
Little Rock, Pulaski County, Arkansas, containing 4,06 acres, more or less, be rezoned to R-2, Single -
Family.
Section 3. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little
Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects
necessary to affect and designate the change provided for in Sections 1 and 2 hereof.
Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
ordinance.
Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent
with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 6. It is hereby determined by the Board of Directors of the City of Little Racli kbgt there is
immediate need to revoke South Hills Terrace Short -Form POD (Z-5817), Childress_&o04,4"_ ( .
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6786) and Magnolia Terrace Addition Lots 1 - 3 POD (Z -5817-A), located at 15100 - 15120 Cantrell
Road; Revocation file (Z -5817-D); an emergency is therefore declared to exist and this ordinance shall be
in full force and take effect from and after its passage and approval.
ADOPTED: August 16, 2011
ATTEST: APPROVED:
��L Lx14
us511 gtI City Clerk Mark Stodola, Mayor
APPRO ES TO LEGAL FORM:
Thomas M. Carpenter, City ttorney
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[Page 2 of 2]
i
Area Zoning
Case: Z -5817-D N
Location: Northside of Cantrell Road,
east of Rummel Road
Ward: 5
PD: 1
CT: 42.05
TRS: T2N R 13 W 19
0 125250 500 Feet
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Land Use Plan
Case: Z -5817-D N
Location: Northside of Cantrell Road,
east of Rummel Road
Ward: 5
PD: I 0 125250 500 Feet
CT: 42.05
TRS: T2NR13W]9