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HomeMy WebLinkAboutZ-5817-D Staff AnalysisMay 19, 2011 ITEM NO.: 8 NAME: Magnolia Terrace Addition Lots 1-3 POD Revocation LOCATION: DEVELOPER: William Dean, PE 209 Roya Lane Bryant, AR 72022 ENGINEER: William Dean, PE 209 Roya Lane Bryant, AR 72022 AREA: 4.06 acres CURRENT ZONING NUMBER OF LOTS: 3 POD - Expired FILE NO.: Z -7817-D FT. NEW STREET: 0 LF PPROVED ALLOWABLE USES: 0-3, General Office District REVOCATION ZONING: R-2, Single-family VARIANCESIINAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,506 adopted by the Little Rock Board of Directors on March 21, 2006, rezoned two previously approved POD's and an area located to the west of the POD zoned property to POD to allow a three lot development. The, expanded area to the west was zoned R-2, Single-family. The approval allowed the development of the site with three (3) lots and four buildings. 0-3, General Office District uses were approved as allowable uses for the site. The approval did allow the placement of ten percent 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 Lots1 and2. Lot 3 was proposed with two buildings, a single -story building and a two 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 May 19, 2011 ITEM NO.: 8 Cont. FILE NO.: Z -5817-D 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 submit the final development plan as required by the PUD section of the ordinance within the three ..___ year tim.e_fr_ame-nor_did-the_applicant_r_equest_a_time_extenstn-for-th -approval_ A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: 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 riot 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 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. B. EXISTING CONDITIONS: The site is vacant. The former driveway locations are still in place. There is undeveloped property located immediately north of the site and there is a single-family residence located immediately west of the site adjacent to Rummell Road. To the east of the site is a branch bank facility and medical office uses. Further west is a drive-through restaurant and vacant commercially and office zoned property. There are single-family residences in the Westchester Subdivision located across Cantrell Road to the south and southwest. An office use, a pet grooming/boarding facility and a private school are located to the southeast. 2 May 19, 2011 TEM NO.: 8 {Cont. FILE NO.: Z -7817-D Cantrell Road is a five -lane roadway with curb and gutter in place. There is no sidewalk located adjacent to the site being proposed for rezoning. There is a _ sidewalk located immediately east of the site in front of the branch bank facility. C. STAFF RECOMMENDATION: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current POD zoning classification be revoked and the previously held R-2, Single-family zoning be restored. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. 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 POD zoning classification be revoked and the previously held R-2, Single-family zoning be restored. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 3 FILE NO.: Z -5817-D NAME: Magnolia Terrace Addition Lots 1-3 POD Revocation LOCATION: Located at 15100 -15120 Cantrell Road. DEVELOPER: William Dean, PE 209 Roya Lane Bryant, AR 72022 ENGINEER: William Dean, PE 209 Roya Lane Bryant, AR 72022 AREA: 4.06 acres CURRENT ZONING: NUMBER OF LOTS: 3 POD - Expired FT. NEW STREET: 0 LF APPROVED ALLOWABLE USES: 0-3, General Office District REVOCATION ZONING: R-2, Single-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,506 adopted by the Little Rock Board of Directors on March 21, 2006, rezoned two previously approved POD's and an area located to the west of the POD zoned property to POD to allow a three lot development. The expanded area to the west was zoned R-2, Single-family. The approval allowed the development of the site with three (3) lots and four buildings. 0-3, General Office District uses were approved as allowable uses for the site. The approval did allow the placement of ten percent 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 Lots1 and2. Lot 3 was proposed with two buildings, a single -story building and a two 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 LE NO.- Z -5817-D {Co 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 submit the final development plan as required by the PUD section of the ordinance within the three year time frame nor did the applicant request a time extension for the approval. A. PRO POSAUREQUEST/APPLICANT'S STATEMENT: 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 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. B. EXISTING CONDITIONS: The site is vacant. The former driveway locations are still in place. There is undeveloped property located immediately north of the site and there is a single-family residence located immediately west of the site adjacent to Rummell Road. To the east of the site is a branch bank facility and medical office uses. Further west is a drive-through restaurant and vacant commercially and office zoned property. There are single-family residences in the Westchester Subdivision located across Cantrell Road to the south and southwest. An office use, a pet grooming/boarding facility and a private school are located to the southeast. 2 FILE NO.: Z-5817-D(Cont.) Cantrell Road is a five -lane roadway with curb and gutter in place. There is no sidewalk located adjacent to the site being proposed for rezoning. There is a sidewalk located immediately east of the site in front of the branch bank facility. C. STAFF RECOMMENDATION: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current POD zoning classification be revoked and the previously held R-2, Single-family zoning be restored. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. 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 POD zoning classification be revoked and the previously held R-2, Single-family zoning be restored. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 3