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HomeMy WebLinkAboutZ-5963-D ApplicationORDINANCE NO. 19,012 AN ORDINANCE AMENDING ORDINANCE NO, 16,908 REVOKING A PORTION OF A PLANNED ZONING DISTRICT TITLED BRODIE CREEK — LONG -FORM PRD (Z -5963-D), RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK; AND FOR OTHER PROPOSES. WHEREAS, Ordinance No. 16,908 was passed on June 20, 1995 establishing a planned zoning district; and ❑ 11EREAS, the owner of the subject property has previously requested the repeal of a portion of the "PZD" ordinance for 220 acres of the previously approved 695 acres zoned "PZD" — Planned Residential District; and WHEREAS, the Board of Directors adopted Ordinance No. 18,518 on July 3, 2001 repealing zoning of the requested 220 acres restoring the original R-2 zoning (Z -5963-B); and WHEREAS, the owner of the subject property has requested the repeal of the "PZD" ordinance and restoring the zoning classification as previously existed on a 45.588 acre tract (Z -5963-D); and WHEREAS, the owner of subject property has requested that the zoning of the property be reclassified to R-2 Single-family Residential District. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Ordinance No. 16,908 is hereby repealed, removing from the official zoning map the classification PRD Planned Residential District titled Brodie Creek - Long -form. PRD for the following described property: Part of the West 1/2 of the Northwest 1/4 of the Northeast 1/ and the Northeast 1/4 of the Northwest 1/4 of Section 17, all in T -I -N, R -13-W, Pulaski County, Arkansas more particularly described as follows: Starting at the Southwest corner of said Northeast 1/4 of the Northwest 1/4 of Section 17; thence South 88103'50" East along the South line of the Northeast 1/4 of the Northwest 1/4 a distance of 391.71 feet to the Point of Beginning; thence North 36°16'49" East 454.23 feet; thence North 21°37'43" East 350.04 feet; thence North 20131'27" West 235.48 feet; thence North 38°49'23" East 297.46 feet; thence North 39°20'05" East 165.42 feet to a point on the North line of said Northeast 1/4 of the Northwest 1/a; thence North 00'00'00" East 485.85 feet; thence South 73°05'09" East 652.95 feet; thence South 49°49'16" East 53L10 feet to a point at the Northeast corner of said West'/2 of the Northwest 1/4 of the Northeast '/4 of Section 17; thence South 02°24'07" West along the East line of said West 1/2 of the Northwest 1/4 of the Northeast 1/4a distance of 1279.67 feet to the Southeast corner of said West 1/2 of the Northwest 1/4 of the Northeast 1/4; thence North 88°03'50" West along the South line of said West 1/2 of the Northwest 1/ of the Northeast'/4 a distance of 659.35 feet to a point at Southwest corner of said West of the Northwest 1/4 of the Northeast 114; thence North 88103'50" West along the South line of the Northeast 1/4 of the Northwest '/4 a distance of 924.98 feet to the Point of Beginning, containing 1,985,832 square feet or 45.58 acres, more or less be restored to R-2 as existed prior to the adoption of Ordinance No. 16,908. SECTION 2. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district reap be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Sections 1 hereof. SECTION 3. 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 was not originally a part of the ordinance. SECTION 4. 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 5. It is hereby determined by the Board of Directors of the City of Little Rock that there is immediate need to amend Ordinance No. 16,908 to revoke a portion of the Brodie Creek — Long -form PRD and to reclassify the zoning of the subject property to "R-2" Single- family Residential District. SECTION 6. 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: January 6, 2004 ATTEST: City tlerk APPROVED AS TO FORM: City Attorney APPROVED: 0) OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JANUARY 6, 2004 AGENDA Subject Brodie Creek — Long -form PRD — Partial Revocation (Z -5963-D), located west of Bowman Road, south of the existing Woodlands Trails Subdivision Action Required I Submitted By gOrdinance Resolution Approval Information Report Bruce Moore SYNOPSIS The applicant requests that a portion of the Brodie Creek — Long -form PRD be officially revoked and the property revert to its original R-2 zoning. FISCAL IMPACT None. RECOMMENDATION Staff recommends approval of the requested partial revocation. The Planning Commission voted to recommend approval of the partial revocation request, as recommended by Staff, by a vote of 11 ayes, 0 noes and 0 absent. CITIZEN The Planning Commission reviewed the proposed partial PARTICIPATION revocation request at its December 4, 2003 meeting. There were no objectors present. All abutting property owners and the John Barrow Neighborhood Association were notified of the Public Hearing. BACKGROUND On June 20, 1995, the Board of Directors adopted Ordinance No. 16,908 and 16,910, rezoning 695 acres from R-2/MF-12/MF-18/O-2/O-3/C-1 to PRD establishing the conceptual plan for "Brodie Creek — A Community of Four Neighborhoods" and the Brodie Creek Community, East Neighborhood — Amended Long -form PRD (the first Phase of the development). The approved concept was for a "Traditional Neighborhood Development" pattered after 18'' and 19th century villages, which were designed to foster neighborliness and a sense of community. BACKGROUND CONTINUED The property owner requested that a portion of the original PRD zoning be officially revoked and the property rezoned to R-2 zoning in 2001. The Little Rock Board of Directors approved this request on July 3, 2001 with Ordinance No. 18,518. The portion revoked was a 220 -acre tract of previously zoned R-2, MF -12 and MF -18 zoned property. The applicant indicated the construction of a more traditional neighborhood. The applicant is currently proposing to add to the subdivision by subdividing approximately 70 -acres into 78 single-family lots and areas of green space. The applicant is proposing an average lot size of 11,489 square feet and a minimum lot size of 6,000 square feet. The applicant is proposing 4,450 linear feet of new street to be added as a result of the platting. The applicant is requesting the PRD zoning previously approved of this forty-five acres of the site be revoked and R-2 Single-family District zoning be restored. The applicant is requesting several variances from city ordinances. The variances are specified as a separate item on this agenda (File No. S-1313). To Staff's knowledge, there are no outstanding issues associated with the proposed development plan. Please see the attached Planning Commission minute record and site plan for the applicant's specific development proposal and the staff analysis and recommendation. 2 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 16,908 REVOKING A PORTION OF A PLANNED ZONING DISTRICT TITLED BRODIE CREEK — LONG -FORM PRD (Z -5963-D), RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK; AND FOR OTHER PROPOSES. WHEREAS, Ordinance No. 16,908 was passed on June 20, 1995 establishing a planned zoning district; and WHEREAS, the owner of the &i�ject property has previously requested the repeal of a portion of the "PZD" ordinance for 220 acres of the previously approved 695 acres zoned "PZD" — Planned Residential District; and WHEREAS, the Board of Directors adopted Ordinance No. 18,518 on July 3, 2001 repealing zoning of the requested 220 acres restoring the original R-2 zoning (Z -5963-B); and WHEREAS, the owner of the subject property has requested the repeal of the "PZD" ordinance and restoring the zoning classification as previously existed on a 45.588 acre tract (Z -5963-D); and WHEREAS, the owner of subject property has requested that the zoning of the property be reclassified to R-2 Single-family Residential District. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Ordinance No. 16,908 is hereby repealed, removing from the official zoning map the classification PRD Planned Residential District titled Brodie Creek - Long -form PRD for the following described property: Part of the West'/2of the Northwest%4of the Northeast'/wand the Northeast'/4of the Northwest'/4of Section 17, all in T -1-N, R -13-W, Pulaski County, Arkansas more particularly described as follows: Starting at the Southwest corner of said Northeast'/4of the Northwest'/4of Section 17; thence South 88'03'50"' East along the South line of the Northeast'/4of the Northwest%4 a distance of 391.71 feet to the Point of Beginning; thence North 38'16'49" East 454.23 feet; thence North 21'37'43" East 350.04 feet; thence North 20'31'27" West 235.48 feet; thence North 3949'23" East 297.46 feet; thence North 39120'05" East 165.42 feet to a point on the North line of said Northeast'/,of the Northwest'/g thence North 00'00'00" East 485.85 feet; thence South 73°05'09" East 652.95 feet; thence South 45'49' 16" East 531.10 feet to a point at the Northeast corner of said West%2of the Northwest'/,of the Northeast'/4of Section 17; thence South 02'24'07" West along the East line of said West'/2of the Northwest'/4 corner of said West %2 of the Northwest %4 of the Northeast 1/a; thence North 88°03'50" West along the South line of said West %2 of the Northwest 1/4 of the Northeast'/4 a distance of 659.35 feet to a point at Southwest corner of said West %2 of the Northwest %4 of the Northeast 1/4; thence North 88°03'50" West along the South line of the Northeast 1/4 of the Northwest 1/4a distance of 924.98 feet to the Point of Beginning, containing 1,985,832 square feet or 45.58 acres, more or less be restored to R-2 as existed prior to the adoption of Ordinance No. 16,908. SECTION 2. 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 hereof. SECTION 3. 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 was not originally a part of the ordinance. SECTION 4. 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 5. It is hereby determined by the Board of Directors of the City of Little Rock that there is immediate need to amend Ordinance No. 16,908 to revoke a portion of the Brodie Creek — Long -form PRD and to reclassify the zoning of the subject property to "R-2" Single- family Residential District. SECTION 6. 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. 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