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HomeMy WebLinkAboutZ-6764 Staff AnalysisFILE NO.: Z-6764 NAME: Young Short -form PCD Revocation LOCATION: Located at the Southwest corner of Colonel Glenn and Pritchard Mill Roads DEVELOPER: Brian Jansen 22 Woodstream Cove Little Rock AR, 72211 AREA: 5.01 acres CURRENT ZONING ALLOWED USES NUMBER OF LOTS: 1 PCD FT. NEW STREET: 0 LF Commercial and Single-family residence REVOCATION ZONING: C-3, General Commercial District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,166 adopted by the Little Rock Board of Directors on December 20, 1999, established Young Short -form PCD. The property was zoned C-3, General Commercial District and contained an existing nonconforming auto repair business within a single 1,200 square foot building. The auto repair building was located near the southern property line of the C-3, General Commercial District zoned property. The request for the rezoning to PCD was to allow the construction of a 1,008 square foot, one story single-family residence which is not an allowed use in the C-3, General Commercial Zoning District. The residence was to be located near the center of the property- and would be for the owner of the auto repair business. This was the only change proposed for the property. The approval allowed C-3, General Commercial District uses as alternate uses for the existing commercial building only. The new home was not constructed and the PCD has expired. A. PROPOSAL/REQUEST: 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 FILE NO.: Z-6764 (Cont. 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. EXISTING CONDITIONS - As noted the site contains an auto repair shop building located near the southern property line of the site. The building is accessed from a gravel access easement (Prichard Mills Road). The front portion of the property, between the garage building and Colonel Glenn Road, is undeveloped and grass covered with a scattering of trees. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. There is not an active neighborhood association located in the area. All residents, who could be identified, located within 300 feet of the site 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 PCD zoning classification be revoked and the previously held C-3, General Commercial zoning be restored. 2 FILE NO.: Z-6764 (Cont.) PLANNING COMMISSION ACTION: (JULY 1, 2010) 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 PCD zoning classification be revoked and the previously held C-3, General Commercial zoning be restored. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 3 FILE NO.: Z-6764 NAME: Young - Short -Form PCD LOCATION: Southwest corner of Colonel Glenn and Pritchard Mill Roads DEVELOPER: SURVEYOR: Joseph L. Young William Gipson c/o Jim Walter Homes, Inc. 398 Elmore Road 5928 S. University Avenue Cabot, AR 72023 Little Rock, AR 72209 5.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3 ALLOWED USES: Commercial PROPOSED USE: Commercial and Single -Family Residence VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The property at the southwest corner of Colonel Glenn and Pritchard Mill Roads is zoned C-3 and contains an existing nonconforming auto repair business within a single 1,200 square foot building. The existing building is located near the south line of the C-3 zoned property. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property from C-3 to PCD to allow for the construction of a 1,008 square foot, one story single family residence. The proposed residence will be located near the center of the property and will be for the owner of the auto repair business. This is the only change proposed for the property. FILE NO.: Z-6764 (Cont. The applicant is requesting C-3 permitted uses as alternate uses for the existing commercial building. B. EXISTING CONDITIONS: As noted previously, there is an existing one story, 1,200 square foot building on the site which contains an auto repair business. This building is located approximately 750 south of Colonel Glenn Road, near the rear line of the existing C-3 zoning. Access to the building is gained by utilizing a gravel drive within the 50 foot access easement (Pritchard Mill Road). The front portion of the property, between the garage building and Colonel Glenn Road, is undeveloped and grass -covered. This general area contains a number of single family residences on larger lots and a large amount of undeveloped property. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood. There was no established neighborhood association to notify of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Colonel Glenn Road is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary, no comment. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: Execution of a Water Sewer Service Agreement (pre- annexation agreement) and approval by the City is required in order to receive water service if water service is not already provided to the property. Fire Department: If property is ever annexed, a fire hydrant may be required. County Planning: No Comment. CATA: Site is not currently served by CATA, no comment. 2 FILE NO.: Z-6764 (Cont.) F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Ellis Mountain Planning District. The Land Use Plan currently shows Neighborhood Commercial for this location. The proposed use of a Single Family dwelling in addition to an existing commercial structure is not a Land Use Plan issue. City Recognized Neighborhood Action Plan-: This area is not covered by a city recognized neighborhood plan. Landscape Issues: No Comment. G. ANALYSIS: The applicant submitted additional information to staff on October 27, 1999 as requested. As noted previously, the applicant is requesting to construct a single family residence on this property. A rezoning is requested due to the fact that a single family residence is not a permitted use in C-3 zoning. The proposed PCD zoning will include the single family residence, the existing auto repair garage and C-3 permitted uses as alternate uses for the existing commercial building only. There should be no outstanding issues associated with this application. The addition of a single family residence to the property should have no adverse effect on the general area. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD zoning subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2.0-3 permitted uses will be alternate uses for the existing commercial building only. 3. The proposed single family structure shall be used for a residence only. FILE NO.: Z-6764 (Cont. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 21, 1999) John Ellis was present, representing the application. Staff briefly described the proposed PCD, noting that a legal description for the C-3 zoned portion of the property was needed. It was noted that dedication of right-of-way for Colonel Glenn Road was required. This was briefly discussed. There being no further issues for discussion, the Committee forwarded the PCD to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. 4 November 11, 1999 ITEM NO.: 13 NAME: Young - Short -Form PCD FILE NO.: Z-6764 LOCATION: Southwest corner of Colonel Glenn and Pritchard Mill Roads DEVELOPER: Joseph L. Young c/o Jim Walter Homes, Inc. 5928 S. University Avenue Little Rock, AR 72209 AREA: 5.01 acres ZONING: C-3 SURVEYOR: William Gipson 398 Elmore Road Cabot, AR 72023 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Commercial PROPOSED USE: Commercial and Single -Family Residence VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The property at the southwest corner of Colonel Glenn and Pritchard Mill Roads is zoned C-3 and contains an existing nonconforming auto repair business within a single 1,200 square foot building. The existing building is located near the south line of the C-3 zoned property. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property from C-3 to PCD to allow for the construction of a 1,008 square foot, one story single family residence. The proposed residence will be located near the center of the property and will be for the owner of the auto repair business. This is the only change proposed for the property. November 11, 1999 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-6764 The applicant is requesting C-3 permitted uses as alternate uses for the existing commercial building. B. EXISTING CONDITIONS: As noted previously, there is an existing one story, 1,200 square foot building on the site which contains an auto repair business. This building is located approximately 750 south of Colonel Glenn Road, near the rear line of the existing C-3 zoning. Access to the building is gained by utilizing a gravel drive within the 50 foot access easement (Pritchard Mill Road). The front portion of the property, between the garage building and Colonel Glenn Road, is undeveloped and grass -covered. This general area contains a number of single family residences on larger lots and a large amount of undeveloped property. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood. There was no established neighborhood association to notify of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Colonel Glenn Road is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary, no comment. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: Execution of a Water Sewer Service Agreement (pre- annexation agreement) and approval by the City is required in order to receive water service if water service is not already provided to the property. Fire Department: If property is ever annexed, a fire hydrant may be required. County Planning: No Comment. 2 November 11, 1999 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-6764 CATA: Site is not currently served by CATA, no comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Ellis Mountain Planning District. The Land Use Plan currently shows Neighborhood Commercial for this location. The proposed use of a Single Family dwelling in addition to an existing commercial structure is not a Land Use Plan issue. City Recognized Neighborhood Action Plan: This area is not covered by a city recognized neighborhood plan. Landsca a Issues: No Comment. G. ANALYSIS: The applicant submitted additional information to staff on October 27, 1999 as requested. As noted previously, the applicant is requesting to construct a single family residence on this property. A rezoning is requested due to the fact that a single family residence is not a permitted use in C-3 zoning. The proposed PCD zoning will include the single family residence, the existing auto repair garage and C-3 permitted uses as alternate uses for the existing commercial building only. There should be no outstanding issues associated with this application. The addition of a single family residence to the property should have no adverse effect on the general area. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD zoning subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2. C-3 permitted uses will be alternate uses for the existing commercial building only. 3. The proposed single family structure shall be used for a residence only. t November 11, 1999 SUBDIVISION ITEM NO.: 13 (Cont. SUBDIVISION COMMITTEE COMMENT: FILE NO.: Z-6764 (OCTOBER 21, 1999) John Ellis was present, representing the application. Staff briefly described the proposed PCD, noting that a legal description for the C-3 zoned portion of the property was needed. It was noted that dedication of right-of-way for Colonel Glenn Road was required. This was briefly discussed. There being no further issues for discussion, the Committee forwarded the PCD to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. 4 July 1, 2010 NO.: 17 FILE NO.: Z-6764 NAME: Young Short -form PCD Revocation LOCATION: Located at the Southwest corner of Colonel Glenn and Pritchard Mill Roads DEVELOPER: Brian Jansen 22 Woodstream Cove Little Rock AR, 72211 AREA: 5.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Commercial and Single-family residence REVOCATION ZONING: C-3, General Commercial District VARIANCESM/AIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,166 adopted by the Little Rock Board of Directors on December 20, 1999, established Young Short -form PCD. The property was zoned C-3, General Commercial District and contained an existing nonconforming auto repair business within a single 1,200 square foot building. The auto repair building was located near the southern property line of the C-3, General Commercial District zoned property. The request for the rezoning to PCD was to allow the construction of a 1,008 square foot, one story single-family residence which is not an allowed use in the C-3, General Commercial Zoning District. The residence was to be located near the center of the property and would be for the owner of the auto repair business. This was the only change proposed for the property. The approval allowed C-3, General Commercial District uses as alternate uses for the existing commercial building only. The new home was not constructed and the PCD has expired. A. PROPOSAL/REQUEST: 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 July 1, 2010 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-6764 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: A As noted the site contains an auto repair shop building located near the southern property line of the site. The building is accessed from a gravel access easement (Prichard Mills Road). The front portion of the property, between the garage building and Colonel Glenn Road, is undeveloped and grass covered with a scattering of trees. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. There is not an active neighborhood association located in the area. All residents, who could be identified, located within 300 feet of the site 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 PCD zoning classification be revoked and the previously held C-3, General Commercial zoning be restored. E July 1, 2010 SUBDIVISION ITEM NO.: 17 Cont. FILE NO.: Z-6764 PLANNING COMMISSION ACTION: (JULY 1, 2010) 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 PCD zoning classification be revoked and the previously held C-3, General Commercial zoning be restored. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and bsent. 3