HomeMy WebLinkAboutZ-8168-A Staff AnalysisFILE NO_: Z-816
NAME: Water's Edge Tract B Long -form PD-R Revocation
LOCATION: Located North of David O Dodd, East of 1-430
DEVELOPER:
H & L Properties
505 West Dixon Road
Little Rock, AR 72209
FNr,INFFR,
McGetrick and McGetrick Engineers
10 Otter Creek Court, Suite A
Little Rock, AR 72210
AREA: 6.506 acres
CURRENT ZONING:
ALLOWED USES
PROPOSED ZONING:
PROPOSED USE
NUMBER OF LOTS: 1
.m
FT. NEW STREET: 350 LF
36-unit condominium housing
R-2, Single-family
Single-family
VARIANCESNVAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 19,738 adopted by the Little Rock Board of Directors on April 3, 2001,
rezoned 6.05 acres located at the northeast corner of 1-430 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 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.
FILE NO.: Z-8168-A Cont.
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 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.
B. EXISTING CONDITIONS:
The site is located to the west of the Waters Edge Subdivision, a newly
developing single-family subdivision. The area is predominately single-family
residential with a few duplex structures located at the southeast corner of David
O Dodd and 1-430. A number of the homes are located on large lots with
acreage but in recent past three subdivisions have been developed with new
homes; Kenwood Estates, Woodridge Estates and Shady Brook.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents. All
property owners located within 200 feet of the site, the Stagecoach Dodd
Neighborhood Association and Southwest Little Rock United for Progress
Neighborhood Association were notified of the public hearing.
2
FILE NO.: Z-8168
L�]
E
SUBDIVISION COMMITTEE COMMENT:
(November 15, 2012)
The applicant was not present. Staff presented the item stating the request was
a revocation of the previously approved, expired, PD-R zoning. Staff stated there
were no outstanding technical issues associated with the request. There was no
further discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
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 PD-R
zoning classification be revoked and the previously held R-2, Single-family
zoning be restored.
PLANNING COMMISSION ACTION:
(DECEMBER 13, 2012)
The applicant was present. There were no registered objectors present. Staff
presented the item stating they felt the approval of the PD-R should be voided since the
applicant had failed to satisfy the requirements of the approval process. Staff presented
a recommendation the current PD-R 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 on the Consent Agenda. The motion carried
by a vote of 8 ayes, 0 noes and 3 absent.
3