182172G6
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ORDINANCE NO. 18.217
2
3 AN ORDINANCE APPROVING A PLANNED ZONING
4 DEVELOPMENT AND ESTABLIISHIIING A PLANNED COMMERCIAL
5 DISTRICT TITLED "KROGER SHORT -FORM PCIID(Z- 6777 -A)"
6 LOCATED AT 1516 POL]K STREET (BLOCK BOUNDED BY
7 ]KAVANAUJGH BLVD., POL1K STREET, TAYLOR STREET AND
8 CANTRELL ROAD) IN THE CITY OF LITTLE ROCK, ARKANSAS;
9 AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO
to DESIGNATE THIS PCD; AND FOR OTHER PURPOSES.
11
12 WHEREAS, a proposed development by Kroger to demolish its store on Cantrell
13 Road in the Pulaski Heights neighborhood and replace it with a larger store and expanded
14 parking has caused a great deal of concern and debate within the neighborhood; and
15 WHEREAS, the Little Rock Board of Directors has conducted a hearing on the
16 merits of the application and heard the comments of those in favor of the development and
17 those opposed; and
18 WHEREAS, the Board has also taken into consideration the recommendations of the
19 Little Rock Planning Commission in its hearings on the petition by Kroger to abandon "R"
20 Street between Polk and Taylor Streets, and the alley between "R" Street and Kavanaugh,
21 as well as the findings of the Board of Zoning Adjustment in its hearing on the variances
22 requested by Kroger; and ,
23 WHEREAS, the Board has determined that the most effective method to ensure the
24 compatibility of the proposed Kroger development and to protect the surrounding
25 neighborhood from any adverse impacts that a larger Kroger may present, is to consider the
26 proposed development in a unified site plan available in the planned zoning development
27 procedure of the zoning ordinance; and
28 WHEREAS, the Board believes that the conditions and restriction set forth in this
29 planned zoning development assure the City and the surrounding neighborhood that the
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1 vacating and closing of "R" Street by LRO No. 18,220 (February 15, 2000) and the closing
2 of the north/south alley between Kavanaugh Boulevard and "R" Street by LRO No. 18,219
3 (Feb. 15, 2000), will not pose a detriment to the public welfare and convenience; and
4 WHEREAS, the conditions stated in this ordinance best reflect a balance between
5 the concerns of the neighborhood and the expanded development by Kroger; and
6 WHEREAS, the Board of Directors has the authority to consider this planned zoning
7 development by majority vote under Ark. Code Ann. § 14-56 -423 and Little Rock, Ark. Rev.
8 Code § 36 -84 (1988) ("LRC "), without the planned zoning development having been first
9 reviewed for recommendation by the Planning Commission; and
10 WHEREAS, the approval of this planned zoning development is in the best interests
11 of the health, safety and welfare of the citizens of the City.
12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
13 OF THE CITY OF LITTLE ROCK, ARKANSAS:
14 SECTION 1. The zone classification of the following described property is hereby
15 changed from C -3 and 0-3 to PCIID:
16 Blocks 4 and 13, fountain Park Addition to the City of
17 Little Rock, Pulaski County, Arkansas.
18 (hereinafter referred to as "Property").
19 SECTION 2. The preliminary site development plan attached hereto as Attachment
20 "A" is hereby approved with the conditions stated by the Little Rock Planning Commission
21 in the Kroger application for right -of -way abandonment in file No. G -23 -299, and the
22 conditions set forth by the Little Rock Board of Zoning Adjustment in file No. Z -6777,
23 together with such conditions as deemed necessary by the Little Rock Board of Directors
24 which are set forth as follows:
25 1. At the request of Kroger, the right -of -way of "R" Street between Polk and
26 Taylor Streets and the right -of -way of the north -south alley between "R" street and
27 Kavanaugh in Block 4 shall be closed under separate ordinance. The closure of these public
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I rights -of -way is appropriate only because the Property is being developed and maintained
2 in conformance with the approved plan in Attachment "A" to this ordinance. It is the intent
3 of the Board that the former rights -of -way shall not be used for any purpose other than the
4 development of the Property under the site plan approved in Attachment "A."
5 2. Kroger shall dedicate right -of -way on all four abutting streets as specified in
6 the Master Street Plan (a) Cantrell Road - 55 feet from centerline, (b) Polk, Taylor and
7 Kavanaugh Streets - 30 feet from centerline; (c) 20 foot radial dedication of right -of -way
8 at all comers; (d) dedicate 10 foot sidewalk easement on Kavanaugh frontage.
9 3. Design and construction of boundary street improvements shall conform to the
10 boundary street provisions of Chapter 30 of LRC and shall be required as a condition of the
I 1 issuance of building permits to include the items listed in the minutes of the Board of Zoning
12 Adjustment approval of in file No. Z -6777.
13 4. Construction of boundary street improvements on Cantrell Road as required
14 by LRC § 30 -281 are waived except that the sidewalk shall be constructed.
15 5. The driveway spacing requirements of the Master Street Plan are hereby varied
16 to reflect the driveway spacing as shown on the attached Exhibit "A" preliminary site plan
17 and plat are approved for this development.
18 SECTION 3. The change in zoning classification approved for Kroger Short-form
19 PCD (Z- 6777 -A) is further conditioned upon final plan approval within the time provided
20 in LRC § 36 -454 (d).
21 SECTION 4. The Board acknowledges that the only effective method to ensure the
22 compatibility of this development with the surrounding neighborhood is that the property is
23 developed in conformance with the approved preliminary site plan attached as Attachment
24 "A" to this ordinance, which plan indicates the closure and abandonment of the public right -
25 of -way of "R" Street between Polk and Taylor Streets and the north -south alley in Block 4,
26 Mountain Park Addition.
27 SECTION 5. The official zoning map of the City referred to in Chapter 36 of LRC
I and the designated district map be and the same is hereby amended as necessary to affect and
2 designate the rezoning approved in this ordinance.
3 SECTION 6. The City Clerk shall file this ordinance in the deed records of the
4 Pulaski County Circuit Clerk in order that this ordinance and the conditions attached to the
5 rezoning approval herein, shall touch, concern, run with, burden and encumber the Property
6 as long as the development shall conform with the PCD as approved herein or as
7 subsequently amended by the Board of Directors. In the event that any change occurs to the
8 Property m the future which renders the Property m violation of this ordinance, the PCD may
9 be revoked by the Board and the property, including the right -of -way closed as a condition
10 of the PCD, shall revert to its former status prior to the adoption of this ordinance.
11 SECTION 7. Repealer. All ordinances, resolutions, laws or policies, or parts of
12 any such material, in conflict with the provisions of this ordinance are hereby repealed to the
13 extent of such inconsistency.
14 SECTION S. Severability. In the event any portion of this ordinance is declared or
15 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect
16 the remaining portions of the ordinance, which shall remain in full force and effect as if the
17 portion so declared or adjudged invalid or unconstitutional was not originally a part of this
18 ordinance.
19 Passed: February 15 , 2000
20 Attest: Approved:
21
23 Robbie Hancock, City Clerk lDailey, Mayor
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25 APPROVED AS TO FORM:
26
27
28 'Thomas M. Carpenter, Ci Attorney
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