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HomeMy WebLinkAboutZ-8168-A ApplicationEt 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 371-6863 January 28, 2013 McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 Planning Zoning and Subdivision Re: Water's Edge Tract B Long -form PD-R Revocation (Z-8168-A), located north of David O Dodd, east of 1-430 Dear Sir or Madam: Enclosed please find a copy of an Ordinance adopted by the Board of Directors at their January 22, 2013, Public Hearing approving the above referenced development. If you have any questions concerning this ordinance, please feel free to call me at 371-6821. Sincerely, Donna James, AICP Subdivision Administrator 2013006947 Received: 1/24/2013 12:57.28 PM Recorded: 01124f2013 0i;i0:58 PM Filet} & Recorded in Official Records of Larry Crane. l PULASKI COUNTY CIRCUITICOUNTY CLERK Fees $20.00 1 ORDINANCE NO.20,682 2 3 AN ORDINANCE TO REPEAL ORDINANCE NO. 19,738 TITLED 4 WATER'S EDGE TRACT B LONG -FORM PD-R (Z-8168-A), AND TO 5 REVOKE A PLANNED ZONING DISTRICT, LOCATED NORTH OF 6 DAVID O. DODD ROAD, EAST OF INTERSTATE 430; TO DECLARE 7 AN EMERGENCY; AND FOR OTHER PURPOSES. 8 9 WHEREAS, Ordinance No. 19,738 was passed on April 3, 2007, establishing a planned zoning 10 district titled Water's Edge Tract B Long -Form PD-R (Z-8168); and 11 WHEREAS, the time for approval of the Water's Edge Tract B Long -Form PD-R (Z-8168) has 12 expired and the owner of the subject property has agreed to the repeal of the "PZD" ordinance and 13 restoration of the zoning classification as previously existed. 14 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 15 OF LITTLE ROCK, ARKANSAS. 16 Section 1. That Ordinance Numbers 19,738 is hereby repealed, removing from the official zoning # 17 map the classification PD-R, Planned Residential District, and restoring the R-2, Single -Family, zoning 18 classification. 19 Section 2. That the property described as: Part of the Northeast'/a of Section 28, Township 1 North, 20 Range 13 West in Pulaski County, Arkansas, more particularly described as follows: Beginning at the 21 Southwest corner of the NE '/4, NE '/4 thence N85°52'00"W 236.50 feet; thence NOl °08'00"E 40.0 feet; 22 thence N83°19'27"W 100.52 feet; thence N85°52'00"W 123.23 feet; thence NO1°10'53"E 379.26 feet; 23 thence S85°52'00"E 50.02 feet; thence NO3°10'53"E 207.19 feet; to a curve to the right with a radius of 24 25.0 feet and a chord bearing and distance of N47°26'49"E 35.74 feet; thence S85°52'00"E 384.54 feet; 25 thence S03110'5311W 666.0 feet to the point of beginning containing 6.506 acres, more or less. 26 Section 3. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little 27 Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects 28 necessary to affect and designate the change provided for in Sections 1 and 2 hereof. 29 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 30 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 31 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 32 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a pah the r� 33 ordinance. lPage I oft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 Rock that there is immediate need to revoke Water's Edge Tract B Long -Form PD-R; 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. PASSED: January 22, 2013 ATTEST: AS Thomas M. Carp // // // // // // // // // // // // // // // // APPROVED: Clerk Mark Stodola, Mayor LEGAL FORM: 11 __ City [Page 2 of 21 Area Zoning Case: Z-8168-A N Location: North of David O Dodd, East of 1-430 1 Ward: 7 PD: 12 0 125250 500 Feet CT 24.05 TRS: T1 N R13W28 Laiid Use Plan Case: Z-8168-A N Location: North of David O Dodd, East of 1-430 Ward: 7 PD: 12 0 125250 500 Feet CT: 24.05 TRS: T1 N R13W28 OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JANUARY 22, 2013 AGENDA Subject An Ordinance establishing a Planned Zoning District titled Water's Edge Tract B Long -form PD-R Revocation (Z-8168-A), located north of David O Dodd, east of I-430. 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 City Manager The request is a revocation of the previously approved PD-R zoning and the reinstatement of the previously held R-2, Single-family zoning district to this property. I None. Staff recommends approval of the requested PD-R zoning revocation. The Planning Commission voted to recommend approval of the requested zoning revocation by a vote of 8 ayes, 0 noes and 3 absent. The Planning Commission reviewed the proposed revocation request at its December 13, 2012, meeting. There were no registered objectors present. Ordinance No. 19,738 adopted by the Little Rock Board of Directors on April 3, 2007, rezoned 6.05 acres located at the northeast corner of I-430 and David O Dodd Road from R-2, single-family to PD-R. The approval allowed the development of a 36-unit condominium project. A six foot wood and brick fence was proposed to enclose the project. Signage was proposed in accordance with the City of Little BACKGROUND CONTINUED Rock specifications for multi -family development. The development was not constructed. Staff and the owner are now requesting revocation of the approved PD-R and the restoration of the previously held R-2, Single-family zoned. 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-R 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 applicant is agreeable to the revocation of the PD-R zoning and the restoration of the previously held R-2, Single-family zoning classification Please see the attached Planning record and site plan for the development proposal and the recommendation. Commission minute applicant's specific staff analysis and 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 19,738 TITLED WATER'S EDGE TRACT B LONG -FORM PD-R (Z-8168-A), AND REVOKING A PLANNED ZONING DISTRICT LOCATED NORTH OF DAVID O DODD, EAST OF I-430 DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, Ordinance No. 19,738 was passed on April 3, 2007, establishing a planned zoning district titled Water's Edge Tract B Long -form PD-R (Z-8168); and WHEREAS, the time for approval of the Water's Edge Tract B Long -form PD-R (Z-8168) has expired and the owner of the subject property has agreed to the repeal of the "PZD" ordinance and restoration of 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 19,738 is hereby repealed, removing from the official zoning map the classification PD-R and restoring the R-2, Single- family zoning classification. SECTION 2. That the property described as: Part of the Northeast '/4 of Section 28, Township 1 North, Range 13 West in Pulaski County, Arkansas, more particularly described as follows: Beginning at the Southwest corner of the NE '/4, NE '/4 thence N85°52'00"W 236.50 feet; thence NO1°08'00"E 40.0 feet; thence N83019'27"W 100.52 feet; thence N85052'00"W 123.23 feet; thence NO1°10'53"E 379.26 feet; thence S85°52'00"E 50.02 feet; thence NO3°10'53"E 207.19 feet; to a curve to the right with a radius of 25.0 feet and a chord bearing and distance of Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N47026'49"E 35.74 feet; thence S85°52'00"E 384.54 feet; thence S03010'53"W 666.0 feet to the point of beginning containing 6.506 acres more or less. 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 was 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 Rock that there is immediate need to revoke Water's Edge Tract B Long -form PD-R. 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. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ADOPTED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Mayor Page 3 of 3 12 9 If PID o +* r R2 I Ir L ° r �e . 1� ® Alb o t 4 �,� a ir *,,.no w Ali =' ! .. Area Zoning Case: Z-8168-A N Location: North of David O Dodd, East of 1-430 Ward: 7 PD: 12 0 125250 500 Feet CT: 24.05 TRS: T1 N R13W28 LI VS I 4w r� I.■ I PK/OS SO STD �; % # 0 p i IL I is �. +r i T L A it � 1A emm Land Use Plan Case: Z-8168-A N Location: North of David O Dodd, East of 1-430 Ward: 7 PD: 12 CT: 24.05 TRS: T1 N R13W28 0 125250 500 Feet rc L ry R2 0 ® b mm 0 LIO ®o ® ® GLI �® Q Area Zoning PID 12 Case: Z-8168-A jV Location: North of David O Dodd, East of 1-430 1UJFT eWA PD: 12 0 125250 500 Feet CT: 24.05 TRS: T1 N R13W28 LI to k :A PK/OS SO RL STD ailRM it r F/w/79ir ED A 'D 16 F d ©Q ® a RL®�4t> ®off Ej ® 4 M iIk ®1 fl® fl Q•° Land Use Plan Case: Z-8168-A N Location: North of David O Dodd, East of 1-430 Ward: 7 PD: 12 CT: 24.05 TRS: T1 N R13W28 0 125250 500 Feet WOEMICK' & WOEMICK ENGINEERS - PLANNERS - SURVEYORS October 30, 2012 Donna James, Subdivision Coordinator Department of Planning and Development 723 West Markham Street Little Rock, AR 72201 Re: Revocation of the PRD for Waters Edge Subdivision Dear Ms. James: We are herewith requesting that the PRD for Waters Edge Subdivision be revoked. The approval has already expired and we would just like to officially return this subdivision to single family residential. If you have any questions, or comments regarding this application, please advise us. Sincerely, McGetrick & McGetr?, Inc. Patrick M. McGetrick, P.E. P.O. Box 30441 Little Rock, Arkansas 72260 501-455-8899 fax 501-455-0525 City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 14, 2012 McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 Re: Water's Edge Tract B Long -form PD-R Revocation (Z-8168-A), located north of David O Dodd, east of 1-430 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 December 13, 2012: Approved with conditions. X Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. The item will be forwarded to the Board of Directors for final action on January 22, 2013. This meeting begins at 6:00 pm and is held at 500 West Markham Street, 2nd Floor, City Hall in the Board of Directors Chambers. You or your representative will need to be present at the public hearing. If you have any questions concerning any other matter please do not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator