184560 0
1 ORDINANCE NO. 182456
2
3 AN ORDINANCE TO MODIFY A PLANNED COMMERCIAL
a DISTRICT AND TO PROVIDE FOR THE ESTABLISHMENT OF A
5 PLANNED ZONING DEVELOPMENT ENTITLED SUMMIT MALL --
6 REVISED PCD (Z- 4923 -A), LOCATED AT THE SOUTHWEST
7 CORNER OF SHACKLEFORD ROAD AND INTERSTATE -4302 IN
8 THE CITY OF LITTLE ROCK, ARKANSAS; TO AMEND LITTLE
9 ROCK, ARK., ORDINANCE NO. 15,385 (DECEMBER 1, 1987) ; TO
10 AMEND CHAPTER 36 OF THE LITTLE ROCK, ARK-, REVISED
11 CODE; TO ESTABLISH CERTAIN CONDITIONS ESSENTIAL TO
12 THIS ZONING MODIFICATION; AND FOR OTHER PURPOSES.
13
14 WHEREAS, the Board of Directors previously approved an ordinance to rezone a
15 97 acre parcel from R -2 and 0-2 zoning districts to Planned Commercial Development
16 ( "PCD) in Little Rock, Ark., Ordinance No. 15,385 (December 1, 1987), and
17 WHEREAS, Summit Mall, LLC, and Construction Developers, Inc., working
18 through the Simon Development Group of Indianapolis, Indiana, have requested certain
19 modifications to the existing PCD, and
20 WHEREAS, after several public discussions before the Little Rock Planning
21 Commission and the City Board of Directors, it has been determined that subject to certain
22 conditions such a request is consistent with City zoning ordinances,
23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
24 OF THE CITY OF LITTLE ROCK, ARKANSAS:
25 Section 1. Little Rock, Ark., Ordinance No. 15,385 (December 1, 1987) is hereby
26 amended to provide for modification of the Planned Zoning Development previously
27 granted, and the Summit Mall -- Revised PCD (Z- 4923 -A) is hereby granted subject to the
28 provisions and conditions set forth below.
[PAGE 1 of 171
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1 Section 2. The zone classification for the following described property shall be
2 changed from PCD to Revised PCD:
3 Part of the SE 1/S Section 9, and part of the NE 1/4 , Section 16, T -I -N, 21 R -13 -W,
4 Pulaski County Arkansas, being more particularly described as:
5 Beginning at the Southeast comer of the SE 1/, of said Section 9 (said point being
6 the SE corner of Lot 1, Interstate 430 Office Park Addition, recorded as Plat #A-
7 497, in the records of the Circuit Clerk and Ex -officio Recorder of Pulaski
8 County, Arkansas); thence S02 00347 "W, along the East line of the NE %,
9 Section 16, 971.75 feet; thence N87 031151" West 1,569.95 feet to a point on the
10 Easterly right -of -way line of Interstate Route No.430; thence Northeasterly and
11 Northwesterly along said Easterly right -of -way line the following bearings and
12 distances; NO2 °10'09" East 971.49 feet; N55 059'26" West 37.86 feet;
13 NO2 105'03" East 576.76 feet; N01 058'01" East, 183.59 feet; N18 011'56" East
14 470.50 feet; N25 035'21" East 372.20 feet; N49 014'40" East 555.15 feet;
15 N67 054'24" East 92.60 feet, N75 037'40" East 187.92 feet; N82 021'19" East
18 357.10 feet; S77 022'36" East 186.46 feet to a point on the West right -of -way line
17 of Shackleford road; thence Southerly along said West right -of -way the
18 following bearings and distances; S06 °57'53" East 252.26 feet; S05 °3625" West
19 200.16 feet; S30 °08'55" East 119.09 feet; S86 039'32" East 24.00 feet to a point
20 on the East line of the SE 1/a said Section 9; thence S02 °05'50" West 1,228.78
21 feet; thence N87 °31'27" West 590.0 feet along the North line of Lot 1, Interstate
22 430 Office Park Addition to the City of Little Rock, Arkansas; thence
23 S02 006'05" West 300.00 feet along the West line of said Lot 1; thence
24 S87 031'39" East 589.84 feet along the South line of said Lot 1 to the Point of
25 Beginnings containing 97.446 acres, more or less.
26 Section 3. The revised final development plan shall be approved as recommended
27 by the Little Rock Planning Commission and, as set forth in Exhibit B.
28 Section 4. The change in zoning classification for the Summit Mall — Revised
29 PCD is conditioned upon the following:
[PAGE 2 of 171
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1 (A) The grant of final development plan approval within the time specified
2 by Little Rock, Ark. Rev. Code § 36- 454(e) (1988);
3 (B) Compliance with the special conditions, whether recommended by the
4 Little Rock Planning Commission and approved by the Board of Directors, or
5 as set forth as follows:
8 (1) Construction of the perimeter ring road around the site, built to
7 commercial street standards — in terms of width, curb and
8 gutter, horizontal and vertical alignment, and drainage -- to be
9 used as access for commercial activity;
10 (2) Completion of the arterial lighting plan for Shackleford Road
11 adjacent to the site;
12 (3) Dedication of a minimum of 45 -feet of right -of -way, and
13 otherwise as needed, as measured from the centerline of
14 Shaddeford Road;
15 (4) Construction of sidewalks as shown on the final development
16 plan and, as approved by the City.
17 (C) Compliance with the following special conditions which, if not
18 imposed, would have a negative impact on adjacent property, and more
19 particularly on Camp Aldersgate and the Women's Division of the United
20 Methodist Church (collectively referred to as "Camp Aldersgate"), located
21 adjacent to this site and, which the Developer has agreed may, and should be,
22 incorporated into this Ordinance as long as such property is primarily used for
23 social service programs and not for unrelated commercial purposes:
24 (1) Water Quality Assurance for Aldersgate Lake. Summit Mall shall
25 provide sedimentary control so as to assure that there will be no
28 degradation of Aldersgate Lake ( "the Lake ") as a result of the
27 construction and operation of The Summit Mall. In addition,
28 during the construction phase of development of The Summit
29 Mall:
30 (a) All grading of the site where The Summit Mall is
[PAGE 3 OF 171
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1
to be constructed will take place during the initial
2
stages of construction;
3
(b) Storm water run -off quality will be maintained
4
during and after construction of the The Summit
5
Mall with detention facilities, approved by the City
6
Public Works Department, constructed and in
7
place;
8
(c) To assure water quality in the Lake,
9
(i) At Developer's expense, a geotechnical
10
engineering company will test water
11
quality at the Lake prior to the
12
commencement of any construction on
13
The Summit Mall;
14
(ii) At Developer's expense, the geotechnical
15
engmeenng company will periodically
16
retest the Lake for water quality to insure
17
that the construction of The Summit Mall
18
site does not degrade the water quality of
19
the Lake;
20
(iii) if there is degradation of the Lake caused
21
by construction of The Summit Mall, the
22
Developer shall, at its expense, take any
23
and all steps necessary to correct the
24
problem;
25
(2) Shackleford Road Improvements. Developer agrees to widen
26
Shackleford Road to include at least two thru lanes in each direction
27
plus turn lanes in front of The Summit Mall, without any cost or
26
expense to Camp Alderstgate, with the understanding that Camp
29
Aldersgate is also not required to make any dedication of property to
30
the City;
JPAGF 4 of 17)
• •
1 (3) Lighting Plan. Any lighting plan for the parking lots and areas of
2 The Summit Mall will be designed in a manner to minimize the
3 impact on Camp Aldersgate. This plan shall include the use of cut off
4 type fixtures along the frontage of Shaddeford Road. This plan shall
5 extend to the development of the peripheral parcels shown on Exhibit
6 C to this Ordinance, and marked as Block "A ", Block `B" and Block
7 "C" (the "Peripheral Parcels ");
8 (4) Landscaping. To assist with the butter between the bumrmr
9 Mall and Camp Aldersgate, Developer shall plant one six foot tall
10 evergreen tree at a density of one (1) tree per ten (10) lineal feet along
11 the frontage of Camp Aldersgate. An evergreen tree may be a pine or
12 broadleaf variety, and shall be at least six (6) feet tall. ;
13 (5) Use Restrictions. Developer shall place restrictions on the use of
14 the Peripheral Parcels, whether developed by Developer or another
15 person, and shall prohibit the uses set forth on Exhibit D to this
16 Ordinance.
17 (6) Signage. Freestanding signage for individual uses on Peripheral
18 Parcels shall be restricted to monument signs of 10 -feet maximum
19 height and shall be oriented perpendicular to Shaddeford Road.
20 Regulations for building signage for the Peripheral Parcels shall require
21 tenants to turn off signage lighting within one (1) hour a store is closed
22 to the public.;
23 (7) Security Fencing. Developer shall provide an &foot vinyl coated
24 chain link fence along the frontage property of Camp Aldersgate
25 abutting Shaddeford Road. Developer agrees to complete this fencing
26 within six (6) months after completion of the construction of the
27 Shackleford Road improvements and planting of the evergreens
28 described in the landscaping conditions set forth in paragraph (C)(4).
29 (D) The developer shall assure that all necessary permits as may be
30 required by any local, state, or national laws and regulations are obtained
[PAGE 5 OF 171
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flood hazard area;
2
(E) Developer shall submit all plans to the appropriate regulatory
3
authority for work in the right -of -way prior to the approval to start work in
4
these areas;
5
(F) The final development plan shall not be approved, and no building
6
permit issued, until the Developer can assure that the following City
7
infrastructure improvements, as further shown on Exhibit E to this ordinance,
8
shall be completed by the opening of The Summit Mall. Proof of completion
9
shall be deemed adequate when:
10
(1) The Developer has complied with Little Rock, Ark., Rev. Code
11
§ 31431 to —435 (1988), as may be amended, ordinances for the
12
assurance of the completion of infrastructure improvements; or,
13
(2) The City has established within its budget the funds and
14
appropriations that will assure the completion of any particular
15
item listed.
16
(G) The City infrastructure improvements referred to in subsection (F)
17
above shall include the following:
18
(1) From I-430 south side access roads north to Peachtree
19
Shackleford Improvements including:
20
(a) Signalized and lighted intersections;
21
(b) Alignment of Peachtree street;
22
(c) Improvements to the on -ramp for 1-430 southbound
23
from Shackleford;
24
(d) Improvements to the off -ramp for 1.430 southbound to
25
Shaddeford;
26
(e) Improvements to the on -ramp for 1-430 northbound to
27
Shaddeford;
28
(f) Improvements to the off -ramp for I-430 northbound
29
from Shackleford;
30
(g) Improvements and widening to the Shackleford bridge
31
over I- 430;
[PAGE 6 OF 141
I Shackleford;
2 (f) Improvements to the off -ramp for I-430 northbound
3 from Shackleford;
4 (g) Improvements and widening to the Shacdeford bridge
5 over I- 430;
6 (h) Lighting of the interstate within this area;
7 (2) Work on The Summit Mall frontage including:
8 (a) Improvements on Shackleford south of 1-430 on- ramps;
9 (b) Signalization at the three intersections at The Summit
10 Mall drives;
11 (c) Street lighting within the area not otherwise covered by
12 the provisions of this Ordinance;
13 (d) Construction of appropriate conduit for street lighting
14 and traffic signalization;
15 (3) Work on Offsite Intersection Signalization including:
16 (a) Signalization at the intersection of 36' Street and
17 Shackleford;
18 (b) Signalization at the intersection of Colonel Glenn Road
19 and Shackleford;
20 (c) Signalization at the intersection of Colonel Glenn Road
21 and the I-430 west side;
22 (d) Signalization at the intersection of Colonel GlennRoad
23 and the I-430 east side.
24 Section 5. The map referred to in Chapter 36 of the Code of Ordinances of the
25 City of Little Rock, Arkansas, and the designated district map be and is hereby amended to
26 the extent and in the respects necessary to affect and designate the change provided in
27 Section 4 hereof as shown on Exhibit A.
28 Section 6. The aspects of this ordinance which would allow the issuance of a
29 building permit shall not be in full force and effect until the final development plan referred
30 to above has been approved.
[PAGE 7 of 171
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1 Section 7. Severabili y. In the event any title, section, subsection, subdivision,
2 paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or
3 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the
4 remaining portions of the ordinance which shall remain in full force and effect as if the portion so
5 declared or adjudged invalid or unconstitutional was not originally a part of the ordinance.
6 Section 8. Repealer. All laws, ordinances, resolutions, or parts of the same, that
7 are inconsistent with the provisions of this ordinance, including but not limited to Little Rock, Ark,
8 Ordinance No. 15,385 (December 1, 1987), are hereby repealed to the extent of such inconsistency.
9 PASSED: April 3, 2091
10 ATTEST: APPROVED:
11
12
13 N Wo , City Cleric i Dailey, Mayor
14 APPRO AS TO LEGAL FORM:
15
17 Thomas M. Carpenter, City orney
18
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21
22
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24
25
26
27
28
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[PAGE 8 OF 171
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[PAGE 9 OF 171
ORDINANCE To MODIFY PLANNED ZONING DEVELOPMENT: SDMMIT MALL REVISED PCD(Z- 49230A)
AMENDMENT TO CITY ZONING MAP
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ORDINANCE TO MODIFY PLANWED ZONING DEVEWPmE" Rija TT MALL REVIMD PCD (Z.49230A)
PROPOSM SITE PLAN
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PROPOSED SMFLAN: SHADED PERIPHERAL PARCELS
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1 List of Prohibited Uses on Peripheral Parcels (A, B dt C )
2
3 As long as the property adjacent to The Summit Mall -- commonly referred to as Camp
4 Aldersgate and, owned by the Women's Division of the United Methodist Church - is
5 primarily used for social service programs and not for unrelated commercial programs,
6 then the following commercial uses shall not be permitted on the outparcels identified as
7 the shaded areas of EXHIBIT C to this Ordinance.
0
9 [11 Alcoholic Beverage shop (except incidental to specialty grocery or other food
10 service);
11 [21 Ambulance service post;
12 [31 Amusement, (commercial, inside) (except incidental to restaurant use);
13 [41 Amusement, commercial (outside);
14 [51 Auto glass or muffler shop;
15 [61 Auto parts, sales with limited motor vehicle parts installation shall be limited
16 to Block A or C provided that building shall be no closer than 200 feet to
17 Shackieford Road right of way. Auto repair bay doors shall not face
18 Shackleford Road. Enhanced landscaping shall be provided with the parking
19 area fronting the bay door and, which shall include trees at 30 feet on center
20 in the area fronting the bay;
21 [71 Auto rental or leasing (no service, sales or repair);
[PAGE 12 OF 171
ORDINANCE To MODIFY PLANNED ZONING DEVE1.OPMENr. SumW MAU RavaEu PCD (Z -M3 -A)
IMT OF PRoarRrIED USES ON PERIPHERAL TRACTS TO CAMP ALDERSGAIE
x:11: 1
ORD] NANCE 10MoDmrRANxeDZorcNGMvaoFmNr. Sumwr MALL REYWDPCD(Z- 4923 -A)
LIST OF PROHMMD USES ON PERIPHERAL TRACIS To CAMP AmERSGAII
ExMTT D
• s
1
[8]
Auto repair garage shall be limited to Block A or C provided that building
2
shall be no closer than 200 feet to Shackleford Road right of way. Auto
3
repair bay doors shall not face Shackleford Road. Enhanced landscaping
4
shall be provided with the parking area fronting the bay door tand, which
5
shall include trees at 30 feet on center in the area fronting the bay;
6
[9]
Animal clinic (enclosed);
7
[10]
Appliance repair (except incidental to appliance sales);
6
[ 11]
Bar, lounge or tavern (except incidental to restaurant use);
9
[ 12]
Building material sales (open);
10
[13]
Bus station and terminal;
11
[ 14]
Cabinet and woodwork shop;
12
[15]
Car wash;
13
[ 16]
Cigar, tobacco store;
14
[17]
24 -Hour Clinic (medical, dental or optical);
15
[18]
College dormitory;
16
[ 19]
College fraternity or sorority;
17
[20]
College, university or seminary;
18
[21]
Commercial parking lot or garage;
19
[22]
24 -Hour Community welfare or health center;
[PAGE 13 OF 171
ORD] NANCE 10MoDmrRANxeDZorcNGMvaoFmNr. Sumwr MALL REYWDPCD(Z- 4923 -A)
LIST OF PROHMMD USES ON PERIPHERAL TRACIS To CAMP AmERSGAII
ExMTT D
1
[231
2
[241
3
[251
4
[261
5
[271
6
[281
7
[291
8
[301
9
[311
10
[321
11
[331
12
[341
13
[351
14
[361
15
[371
16
[381
17
[391
Crematorium;
Duplication shop;
Eating place with drive -in service;
Establishment for the care of alcoholic, narcotic, Or psychiatric patients;
Feed store
Glass or glazer (installation, repair and sales);
Group care facility
Home center,
Hospital;
Job printing, lithographer, printing or blueprinting (where 24 hours);
Laboratory;
Landscape service;
Lawn and garden center, enclosed;
Lawn and garden center, open display;
Laundromat;
Laundry, domestic cleaning;
Lodge or fraternal organization;
[PAGE 14 OF 171
ORDINANCE *r'O MOOINY PLANNED ZONwG DEVELopmENT: SummrrMALL REvmv FCD (7-4923 -A)
L65TOF PROEIDr[EA tJOS ON PERMURRAL TRACTS TO CAMPALDERSGATE
Exa>$rr D
in
1
[40]
Lumberyard;
2
[41]
Miniwarehouse;
3
[42]
Mortuary or funeral home;
4
[43]
Multifamily dwellings;
5
[44]
Nursing home or convalescent home;
6
[45]
Office warehouse;
7
[46]
Pawnshop;
8
[47]
Pet Shop (unless fully enclosed or incidental to pet supply retail);
9
[48]
Plant nursery;
10
[49]
Private club with dining or bar service;
11
[50]
Recycling facility, automated;
12
[511
Seasonal and temporary sales, outside;
13
[52]
Service station (except Parcel A);
14
[53]
Small engine repair shall be limited to Block A or C provided that building
15
shall be no closer than 200 feet to Shackleford Road right of way. Auto
16
repair bay doors shall not face Shackleford Road. Enhanced landscaping
17
shall be provided with the parking area fronting the bay door and, which
16
shall include trees at 30 feet on center in the area fronting the bay;
19
[54]
Swimming pool sales and supply;
[PAGE 15 OF 171
ORD]NANCE TO MODmv PLANNED ZONING DEVELOPMENT: SLNMff MALL REvwv PCD (Z M3-A)
UST OF PROamr v AsEs oN PERMBERAL TRACTS TO CAMP ArDERSGAIE
Exmrr D
0 6
1 1551 Taxidermist;
2 [56] Theater,
3 [57] Toot and equipment rental (with outside display);
4 [58] Upholstery shop, auto;
5 [59] Upholstery shop, furniture,
6
7
8
9
10
11 //
12
13
14
15
16
17
[PAGE 16 OF 171
Oan]NuNCHToMoau +rfl.ANNanZoNmDevELormNr. SuMMrr MALL RRVSsoPCD(Z4n3 -A)
UST OF PaOH®riEn USES ON PEsmwRAL TRACTS To CAMP AWERSGAIE
Ex[L[Brr D