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HomeMy WebLinkAboutZ-02585 ApplicationAPPLICATION FOR REZONING TO THE LITTLE ROCK PLANNING COMMISSION: FIRE DISTRICT NO. P.C.AFPROM: , 19 P.C.DENIED •� s 4 BD.OF DIR. APPROVED: , 19 BD.OF DIR. DENIED , 19 ORDINANCE NO. ZONING CASE NO. Z Filing Date: Application is hereby made to the Little Rock Board of Directors of Little Rock, Ankansas, through the Planning Commission pursuant to Arkansas law on City Planning, Act 186, of 1957, Acts of Arkansas and Section 23 of the Little Rock Zoning Ordinance No. 5420 as amended, petitioning fnr a rezoning of the following described area: art of the SES of the SWC: of Section 25. Township _I North. Range 1 West, and described as beginning 1141.9 feet West of the intersection o -F tba atth i i ne o f C 7 T "1 y e��r¢ea;e xx=ev—v-s v��'-�c�3-^- TIN, - � Y�V��'�YZ �.. �i. � Wast �l�g• h��c�� line of the Missouri gacific Railroad'and 20 feet North of said Section- Highway as now paved, 114.0 feet, thence East parallel to the South line of Sec. 25, 245.1 feet., thence South eet to a point 20 feet Nort of South line Sec.25. thence West 315.2 feet parallel to South line of_ Sec. 25, to the point of beginning, .707 acre more or less, lying and being ii Title to this property is vested in: J. L. Graves and Marguerite Graves It is desired that the boundaries shown on the District Map be amended and that this area be reclassifified from the present " A " qingle Family District to " F-11 Commercial District. Present Use of Property: Single f_aMily_r,"_idence Desired Use of Property RPta i 1 Rtnrp -00[KNK,)LW (there are no) deed restrictions pertaining to the intended use of this property. The filing fee, required by Ordinance No. 9455 will be paid at the City Collector's Office on the filing and acceptance of this application by the Zoning Office. It is understood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least 15 days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission (PC -18) must be circulated by the applicant to all other parties in interest, including owners of land within 200 feet of the boundary of the area under consideration as required by the rules of the Commission, and that the cost of these notices shall be borne by the applicant. SPITZBERG, MITCHELL & HAYS Attorneys for (OWNER) _I T.. Gra-,tng and Marguerite Grave. or (AGENT) By John P. Gill ADDRESS: 825 F}raMid Y.if+e Bldg, • DATEPRONE : Little Rock, Arkansas 72201 Form�ZA 6-4-71 (600) — —376 3161 NO. 494 CITY OF LITTLE ROCK DEPARTMENT OF COMMUNITY DEVELOPMENT FILING -FEES Little Rock, Ark. 1112A,4 19 ($75) Zoning Application Fee $� ($25) Board of Adjustment Application Fee $ ($10 plus 50¢ per lot/acre)Preliminary Subdivision Fee $ ($10 plus 50¢ per e) Final Subdivision Fee $ ($5. plus $1 P "1 t Fee $ ($20 per in ion) reet Name Signs Fee $ / � TOTAL $ The above fees sha ubd paid to the Ci 31 or, j2 1st Floor, C.H21. GN DIRECTOR OF COMMUNITY DEVELOPMENT DEPT, By: Address of property involved: Name of applicanto I or . V ft 4v k ko A . I ko 7 Ps r t of t!lp n P ii I r, d e &or I ted as regi m Ing i 41 9 f t west 0" t tLe L; t pa, r w, Soot 1..Ia of Se f! t I on I i N- R. I' 'w 'Wit - AM 0 # t: p F *j r I Pft,- 1 11 'i '47 d of t.le Anblepvftle AghwAy i'kF -too- jave-til i r to, tae South I Inp of 1-145 -1 So,,i ft 20 ft . North or SdQt'n I ' 71P 5ea 0g, v. o- r, 0 e rt T ra TI el to ftsith I ine Ben tO t':- ')O!T.* 0' - -47-F. Surveyor p is P DEPARTMENT OF COMMUNITY DEVELOPMENT THIRD FLOOR CITY HALL Planning Division Public Works Permits & Inspections Division LITTLE ROCK, ARKANSAS Real Estate Traffic Division 72201 I} Oil �y itirG°/4 Re: Case No. Z j. Address 1l (,� 4 Dear `- This is to advise you that in connection with your application for a change in, -zoning from District to District, the following 3Ctio as taken by the Planning Commission at its meeting on (a) J - Denied i (b) Approved as applied for (c) Approved - provided: (d) Rezoned to (e) Deferred to Y An ordinance effecting this rezoning (will not) be submitted to the Board of Directors for its consideration at its meeting 1-10-72 250 Yours very truly, LITTLE ROCK PLANNING COMMISSION Don R. Venhaus, Secretary. Tract'N'6.10 Za2585 7221 ftbelvale Pike From: "A"' -One -family District To ° "P -Commercial District The Staff"s recommendation was read as follows.- "The Staff recommends denial of this application. An "F" -Commercial ,use of this property would be out of character with the immediate residential neighborhood and would adversely affect adjacent properties. ®10= 4 Planning Commission Minutes f June 1,, 1972 Any change to this property would ultimately result in potential change in the other properties at this intersection. This has been a well established neighborhood of fine homes for years. It should be pointed out that the Commission on consideration of previous rezoning applications involving Mabelvale Pike has maintained the resi- dential character of this street. Applicant indicates that he proposes to sell property after rezoning.9° Mr. John Gill, attorney, was present to represent the applicant, J. L. Graves who plans to sell the property for the construction of a convenience food store on the site. He indicated that the application is incorrectly described as it is intended that the building will front on Forbing Road. He said he was aware of the present zoning classification on this property, but called attention to the fact that it is located in the vicinity of U. S. Highway 67/70 or South University Avenue, and Interstate #30. The J. A. Riggs Tractor Company is located to the south of this property. It is directly across the street from 99E" classification and in the general area of very high commercial use. From the map it appears to be in the middle of an established residential neighborhood. It was in the middle of an established resi- dential neighborhood when Mabelvale Pike was a main artery in this particular part of Little Ruck, but that is changed by virtue of the Interstate and University Avenue in this area. This part of Little Rock is cut off from any food facilities or food stores, said Mr. Gill, and asked that the property be reclassified for the requested use as set out in their application. Mr. Barber reminded the Commission that another corner in the area had been rezoned - for a Kwick-Chek grocery and a development.plan has been submitted although a build- ing permit has not been requested. (corrections records reveal building permit issued December 1971). The Chairman commented that that particular corner is bad trafficwise and asked if the owner would dedicate the triangular piece of the property to the City. Mr. Gill replied haat his client advised him they would not object to a dedication of some type of strip at that corner but did not know the size they had reference to. He said he assumed it was for the purpose of straightening out the street at that intersection. Mr. Gill asked if it would be appropriate to suggest approval subject to the dedication of a triangular piece of ground on the wrest part of the tract and leave it up to the Department of Community Development as to what is really needed. Mr. Frank Cox, attorney, representing a number of property owners in the vicinity who opposed the rezoning, was present and filed a petition having 14 signatures. He took issue with Mr. Gill that Mabelvale Pike has not changed; that the Planning Commission had been successful in retaining Mabelvale Pike as a residential street. Mr. Cox: said they feel that this application should be denied because (1) this tract of land is not adjacent to any commercial establishment and it is some 200 feet west of a commercial zoning which would be spot zoning; (2) all property in the area is used and occupied as single-family dwellings and all the property owners have substantial investments in their property which would depreciate the value of it. Also that Mabel - vale Pike was constructed many years ago by the County and is a narrow residential street and Forbi,ng Road is not much better, if any. He added that there is no need to create any rezoning at this intersection which would generate any more traffic. He said the situation along Mabelvale Pike is somewhat similar to Mississippi Street in that once you rezone this corner there would be no reason at all not to rezone Mabelvale Pike on up to the Interstate. Planning Commission Minutes - June 1,1972 Mr. R. L. Collard, who owns property across the street from the subject property was present and expressed the doubt that a food store is needed in the area, and added that the values of residences in the area would be adversely affected. Mr. Gill said this is not spot zoning as street and repeated that the owner would of that triangular portion to the City. there is "E" zoning across the be agreeable to dedicating a portion A motion was made to accept the Staff's recommendation for denial, which was seconded, but failed for lack of sufficient votes. The Chairman said he would entertain a motion to defer this matter, but Mr. Vanhaus said it might be appropriate to entertain a motion based on the appli� cant's petition to rezone the property to "F"commercial. A motion was made to rezone the property to "F" -Commercial, which was seconded but failed for lack of sufficient affirmative votes. W. Gill asked if it would be appropriate to suggest a motion that the applica- tion be approved subject to the dedication of the triangular tract on the western portion of the tract to the City. The Chairman: asked Mr. W ickard to act as Chairman and Mr. McLean made a motion that the property be rezoned to "F"- Commercial subject to the dedication of the western triangular area of 70 foot base and approximately 90 foot height, which was seconded. The motion failed foc 'lack of sufficient affirmative votes. Mr. Kemp confirmed that this action was in effect a denial of the application. BEACH ABSTRACT & GUARANTY COMPANY BURTON DOUGAN PRESIDENT E. A. BOWEN. JR. VICE PRES. & SECRETARY CHARLES R. DOUGAN VICE PRES. & TREASURER THOS. P. McDONNELL VICE PRES. & ESCROW OFFICER JOHN A. CAMERON VICE PRES. & ESCROW OFFICER 213 WEST SECOND STREET LITTLE ROCK, ARKANSAS 72201 May 6, 1972 Mr. John Gill Spitzberg, Mitchell & Hays Pyramid Building Little Rock, Arkansas Re: Property within SW4. Section 25, Range 13 West. Dear Mr. Gill; LEOLA LAMBERT ASSISTANT SECRETARY TRUMAN NOLEN ASSISTANT SECRETARY HAROLD T. WILLIAMS ASSISTANT SECRETARY DAN CATO ASST. ESCROW OFFICER MELVIN ORENDER ASST. ESCROW OFFICER 200' of Part of SE -1 Township 1 North, We have examined the records of Pulaski County, Arkansas, up to May 3, 1972 @ 8:00 A. M. as to the property lying within 200 feet of the following described tract: Part of the SE -1- of the SWI of Section 25, Township 1 North, Range 13 West and described as beginning 1141.9 feet West of the intersection of the South line of Section 25, with the West right-of-way line of Missouri Pacific Railroad and 20 feet North of said Section line; thence North 37 degrees 54 minutes East along the East right-of-way line of Mabelvale Highway as now paved, 114.0 feet; thence East parallel to the South line of Section 25, 245.1 feet; thence South 90 feet to a point 20 feet North of South line of Section 25; thence West 315.2 feet parallel to South line of section 25 to the point of beginning, containing 0.707 acres more or less and find that the property described on the attached three sheets lies within 200 feet of the above property and that the names set out opposite the descriptions shown thereon are the last apparent owners of record of said property. We do not certify as to validity of title nor do we guarantee the correctness of the addresses furnished. Sincerely yours, E. A. Bowen, Jr. Vice President encl Funning Commission Minutes June 1, 1-972 He cited its relationship to theBaptist Hospital complex on the north, and a pattern being established along Kanas Road of high intensity commercial to the east with institutional and public use next to their property. The proposed project would have 60 1 -bedroom townhouses, 20 3 -bedroom units,and 158 2 -bedroom units, costing $3,500,000. which would generate approximately $25,000, in taxes to the public and school system. These are proposed to be luxury type apartments or townhouses. Mr. Paul Stittle, 1615 East Twin Lakes Drive, was present and presented a petition having approximately 150 signatures. Basically his ob,jecti s concerned increased traffic which would be hazardous to the many children in he area, and in his opinion there- is no need for this density at this time" this area. Mr. Paul Brow- 9615 Relda Drive was present and stated that he bought his house for $20,000. in`Q.ctober, 1971, and his property has increased in value from 2% to 5%, and this project would depreciate the value of his property. Mr. Richard Cox, 9412 Cerelle Drive, was present and stated his concern was the large increase in residents in 238 units, that access would be from Kanis Road and Barrow Road only into the complex, and the safety of children living in the area from the increased traffic. Mrs. Madge McDaniel, 9419 CeAbba ve, was present stating that the parking area for the complex would be in yard. Mr. Roy N. Chancellor, 1512 East Twin' `k'es Drive, was present saying that he had lived there for five years and bought hhouse as a retirement location. He said Kanis Road is very narrow and the intersection of Kanis and Barrow Road is a high accident area, and in his opinion there is no need for more apartments in the vicinity. Mr. Hodges answered some of the voiced objections saying that the traffic problems will be there from now on, but that Kanis Road has been'. designated as an arterial street as has Barrow Road, and while they have no solution.for the traffic problem, there is no way to avoid it regardless of the proposed project. As to the parking it will be located in the 100 foot buffer between the property line and the build- ing and will provide a 30 foot strip between any parking or any construction which would ,be heavily landscaped on the total periphery of their property. The architect- ural design they will establish here is going to be a positive one, he said, and that th plan more screening and landscaping than is required by City standards. A motion was made for approval of the application, which was seconded, but failed for lack of sufficient affirmative votes. Mr. Venhaus pointed out that inasmuch as this constituted a denial of the applica- tion, the applicant had the right of appeal to the Board of Directo s, and that notice of the hearing would again be sent out to property owners witihin 200 feet of the property if the r re appealed. Tract No.10 = Z- 2585 7221 Mabelvile Pike From: "A" -One -family District To ^ "F" -Commercial District The Staff's recommendation mas read as follows: "The Staff recommends denial of this application. An "F" -Commercial ,use of this property would be out of character with the immediate residential neighborhood and would adversely affect adjacent properties. -10- Pining Commission Minutes June 1, 1972 Any change to this property would ultimately result in potential change in the other properties at this intersection. This has been a well established neighborhood of fine homes for years. It should be pointed out that the Commission on consideration of previous rezoning applications involving Mabelvale Pike has maintained the resi- dential character of this street. Applicant indicates that he proposes to sell property after rezoning." Mr. John Gill, attorney, was present to represent the applicant, J. L. Graves who plans to sell the property for the construction of a convenience food store on the site. He indicated that the application is incorrectly described as it is intended that the building will front on Forbing Road. He said he was aware of the present zoning classification on this property, but called attention to the fact that it is located in the vicinity of U. S. Highway 67%70 or South University Avenue, and Interstate #30. The J. A. Riggs Tractor Company is located to the south of this property. It is directly across the street from "E" classification and in the general area of very high commercial use. From the map it appears to be in the middle of an established residential neighborhood. It was in the middle of an established resi- dential neighborhood when Mabelvale Pike was a main artery in this particular part of Little Rock, but that is changed by virtue of the Interstate and University Avenue in this area. This part of Little Rock is cut off.from any food facilities or food stores, said Mr. Gill, and asked that the property be reclassified for the requested use as set out in their application. Mr. Barber reminded the Commission that another corner in the area had been rezoned - for a Kwick-Chek grocery and a development plan has been submitted although a build- ing permit has not been requested. (corrections records reveal building permit issued December 1971). The Chairman commented that that particular corner is bad trafficwise and asked if the owner would dedicate the triangular piece of the property to the City. Mr. Gill replied that his client advised him they would not object to a dedication of some type of strip at that corner but did not know the size they had reference to. He said he assumed it was for the purpose of straightening out the street at that intersection. Mr. Gill asked if it would be appropriate to suggest approval subject to the dedication of a triangular piece of ground on the west part of the tract and leave it up to the Department of Community Development as to what is really needed. Mr. Frank Cox, attorney, representing a number of property owners in the vicinity who opposed the rezoning, was present and filed a petition having 14 signatures. He took issue with Mr. Gill that Mabelvale Pike has not changed; that the Planning Commission had been successful in retaining Mabelvale Pike as a residential street. Mr. Cox said they feel that this application should be denied because (1) this tract of land is not adjacent to any commercial establishment and it is some 200 feet west of a commercial zoning which would be spot zoning; (2) all property in the area is used and occupied as single-family dwellings and all the property owners have substantial investments in their property which would depreciate the value of it. Also that Mabel - vale Pike was constructed many years ago by the County and is a narrow residential street and Forbi.ng Road is not much better, if any. He added that there is no need to create any rezoning at this intersection which would generate any more traffic. He said the situation along Mabelvale Pike is somewhat similar to Mississippi Street in that once you rezone this corner there would be no reason at all not to rezone Mabelvale Pike on up to the Interstate. Planning Commission Minutes - June 1,1972 Mr. R. L. Collard, who owns property across the street from the subject property was present and expressed the doubt that a food store is needed in the area, and added that the values of residences in the area would be adversely affected. Mr. Gill said this is not spot zoning as there is "'R" zoning across the street and repeated that the owner would be agreeable to dedicating a portion of that triangular portion to the City. A motion was made to accept the Staff's recommendation for denial, which was seconded, but failed for lack of sufficient votes. The Chairman said he would entertain a motion to defer this matter, but Mr. Vanhaus said it might be appropriate to entertain a motion based on the appli- cant's petition to rezone the property to "F"=Commercial. A motion was made to rezone the property to "F" -Commercial, which was seconded but failed for lack of sufficient affirmative votes. Mr. Gill asked .if it would be appropriate to suggest a motion that the applica- tion be approved subject to the dedication of the triangular tract on the western portion of the tract to the City. The Chairman asked Mr. Wickard to act as Chairman and Mr. McLean made a motion that the property be rezoned to "P- Commercial subject to the dedication of the western triangular area of 70 foot base and approximately 90 foot height, which was seconded. The motion failed for Lack of sufficient affirmative votes. Mr. Kemp confirmed that this action was in effect a denial of the application. LAW OFFICES SPITZBERG, MITCHELL & HAYS HENRY E. SPITZBERG H. MAURICE MITCHELL STEELE HAYS BERESFORD L. CHURCH, JR. JOHN P. GILL JOSEPH W. GELZINE W. CHRISTOPHER BARRIER JERRY D. JACKSON OF COUNSEL BROOKS HAYS Mr. Richard Wood Department of Community Development City Hall Little Rock, Arkansas 72201 Re: 7221 Mabelvale Pike Dear Richard: PYRAMID LIFE BUILDING LITTLE Rocx,ARHANSAs 72201 (501) 3Z6-3151 May 23, 1972 I have enclosed herewith an Abstractor's Certificate showing the owners of property Within 200 feet of the above property, together with' a lcopy of a letter sent to each owner by certified mail,, and the receipts therefor. Very t u.ly yours, / 4 Jolie P. 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I (A a c W a V p ++ a E s U) 3 d Z` °a Ir 3 M 0 3 W Cl)❑ Q W a 3 d .a 'o s .o U a a'a d I— u G.+= W o L) -0 W� E d A w U w 04 i-LLZi8-9I—SSS OM 'soN 119C ar,oj Sd W SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) ❑Show to whom, date and address Deliver ONLY where delivered ❑ to addressee RECEIPT Received the numbered article described below SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) ❑Show to whom, date and address Deliver ONLY where delivered ❑ to addressee RECEIPT Received the numbered article described below REGISTERED NO.SIGNATURE OR NA14E OF ADDRESSEE (Must always bu filied in) CERTIFIED NO. 1 ';� i C) � 4 T SJGNATQRE dF ADORESSEE'S AGENT, IF ANY if rrquFaterl, and inclWs 21P Code) SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICES) INDICATED BY CHECKED BLOCK(S) QAdditional charges required for these services) Show to whom, date and address Deliver ONLY where delivered ❑ to addressee RECEIPT Received the numbered article described below REGISTERED NO. ` SIGNATURE OR NAME OF Af)ORESSE'E (+Must aheetug bs fiald in) C- 0 0 Z F o W,a ut W FN ao sC) ao W�- o2 }� 0 y �< U N =a- IL m` LLS NL N hoO U Cn C a Z a O m tjF � Y O V • _ o O t. y � 9 a U 9 Ix o E m Z�._v 41 W � T a E 3 m ami in o y a mo > E cWi Ch a° >w mdE o Z m N to a 7 m F J o O Q U D • • bf 0 CO. i-LLZi8-9I—SSS OM 'soN 119C ar,oj Sd W SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) ❑Show to whom, date and address Deliver ONLY where delivered ❑ to addressee RECEIPT Received the numbered article described below SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) ❑Show to whom, date and address Deliver ONLY where delivered ❑ to addressee RECEIPT Received the numbered article described below REGISTERED NO.SIGNATURE OR NA14E OF ADDRESSEE (Must always bu filied in) CERTIFIED NO. 1 ';� i C) � 4 T SJGNATQRE dF ADORESSEE'S AGENT, IF ANY if rrquFaterl, and inclWs 21P Code) SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICES) INDICATED BY CHECKED BLOCK(S) QAdditional charges required for these services) Show to whom, date and address Deliver ONLY where delivered ❑ to addressee RECEIPT Received the numbered article described below REGISTERED NO. ` SIGNATURE OR NAME OF Af)ORESSE'E (+Must aheetug bs fiald in) C- �1 GRACE R 0 A rL) r ! I I ", ..A 722.1 IMSELVA4.9 UVAPE (ot 19 7Z ***-,PfAfg-r SC&I 11L lit* 7.000 MAA The 0 6 cr &a M-E.GRIPPEN J, r,. KU ESE le / IDO A GEO. D BARB iER'SON BRUC H. DYE ns a. 3K --o WELCH L. L LRAVES BOYER 4E T I 4i I U! 2y. ' Ll # 4 RAY "INC k N V-4 L I 33 i t-06ITT c -T PARat 2 mg 14#* 33 IG �' .o r � �, +� I38 10 PARat 2 mg OWNER DESCRIPTION Thomas Richard Kesler and Part of the SEk of the SWk, Section 25, Martha Sue Kesler Township 1 North, Range 13 West, described 7208 Mabelvale Pike as follows: Beginning at a point 501.0 feet North of and North 89 degrees 45 minutes East 522.0 feet of the Southwest corner of said SEk SWk; thence South 2 degrees 06minutes East 320.6 feet; thence East 103.4 feet; thence North 15 degrees 21 minutes East 70.0 feet; thence South 66 degrees 02 minutes East 170.0 feet to the West line of Mabelvale Pike; thence North 37 degrees 40minutes East 254.3 feet along the West line of Mabelvale Pike; thence North 83 degrees 54 minutes West 176.0 feet; thence North 0 degrees 15 minutes West 100.0 feet; thence South 89 degrees 45 minutes West 271.4 feet to the Point of Beginning. Doyne C. Oliver and Part of the SEk of the SWk, Section 25, Dovie Lee Oliver Township 1 North, Range 13 West, described 7212 Mabelvale Pike as follows: From a point on the North Right -of -Way line of the Mabelvale Pike, which point is 20 feet North and 537.6 feet East of the Southwest corner of the said SEk SWk; run North 2 degrees 06 minutes West for 160.7 feet; thence East 103.4 feet to the Point of Beginning; thence North 15 degrees 21 minutes East 70.0 feet; thence South 66 degrees 02 minutes East 170.0 feet to a point on the Westerly Right - of -Way line of the Mabelvale Pike; thence Southwesterly along said Westerly Right -of - Way line to a point which is on said Right - of -Way line and which is South 26 degrees 16 minutes East and 145.8 feet from the Point of Beginning; thence North 26 degrees 16 minutes West 145.8 feet to the Point of Beginning. R. L. Collard and Part of the SEk of the SWk, Section 25, Anna Pauline Collard Township 1 North, Range 13 West, described 7220 Mabelvale Pike as follows: Begin 537.6 feet East and 20 feet North of the Southwest corner of said SEk SWk; thence North 160.7 feet; thence East 103.4 feet; thence South 26 degrees 16 minutes East 145.8 feet to the West line of Mabelvale Pike; thence Westerly along the West line of said Pike to the Point of Beginning. E. G. Puett and Part of the SWk SEk and part of the SEk SWk, Viola M. Puett Section 25, Township 1 North, Range 13 West, 6624 Forbing Road described as follows: Begin 406.7 feet West and 20 feet North of intersection of South line of SWk SEk, Section 25 with West Right -of -Way line of MoPac Railroad; thence West 140 feet parallel to South line of SWk SEk and South line SEk SWk Section 25; thence North 180 feet; thence East 140 feet; thence South 180 feet to the Point of Beginning, containing .643 acres more or less. OWNER Leroy D. Boyett and Gladys Boyett 6708 Forbing Road Leo E. Gaither and Verna M. Gaither 6720 Forbing Road Jessie L.,'Graves and Marguerite Graves 7721 Mabelvale Pike Cecil M. Howell and Reba B. Howell 8003 Edwine Drive Joe E. Rhodes Vada H. Rhodes 7201 Mabelvale and Pike DESCRIPTION Part of the SE4 of the SW4, Section 25, Township 1 North, Range 13 West, described as follows: Beginning 546.7 feet West of the intersection of the South line of the SW4 SE4 Section 25 with the West Right - of -Way line of the MOP Railroad and 20 feet North; thence West 140 feet parallel to the South line of the SE4 SW4 Section 25; thence North 180 feet; thence East 140 feet; thence South 180 feet to the Point of Beginning, containing .643 acres, more or less. Part of the SE4 of the SW4, Section 25, Township 1 North, Range 13 West, described as follows: Begin 686.7 feet West and 20 feet North of intersection of South line SE4 SW4 said section with West Right -of - Way line of MoPac Railroad? :thence:_Mest 140 feet parallel with South line SE4 SW4; thence North 180 feet; thence East 140 feet; thence South 180 feet to Beginning, containing .643 acres, more or less. Part of the SE4 SW4, Section 25, Township 1 North, Range 13 West, described as begin 1141.9 feet West of intersection of South line of Section 25, T1N, R13W, with the WestRight-of-Way line of MoPac Railroad and 20 feet North of said Section line; thence North 37 degrees 54 minutes East along the East line of Mabelvale Highway as now paved 114.0 feet; thence East parallel to South line of Section 25, 245.1 feet; thence South 90 feet to a point 20 feet North of South line Section 25; thence West 315.2 feet parallel to South line of section 25, to Point of Beginning, containing .707 acres more or less, in Pulaski County, Arkansas. Part of the SE4 SW4, Section 25, Township 1 North, Range 13 West, described as beginning 1141.9 feet West and 20 feet North of the intersection of the South line of Section 25 with the West Right -of -Way of the MOP Railroad; thence North 37 degrees 54 minutes East 114.0 feet along the East line of the Mabelvale Highway to the South- west corner of the land to be described; thence East 245.1 feet parallel to the South line of Section 25; thence North 100.0 feet; thence West 167.2 feet parallel to the South line of Section 25; to the East line of Mabelvale Highway; thence South 37 degrees 54 minutes West along said Highway 126.7 feet to the Point of Beginning Part of the SE4 SW4, Section 25, Township 1 North, Range 13 West, described as begin 200 feet North and 4 feet West of Southeast corner of SE --4 SW4 Section 25; thence North 221.4 feet; thence North 88 degrees 20 West 281.8 feet to East line of Mabelvale Highway and 25 feet from center line as now paved; thence South 37 degrees 54 minutes (CONTD.) OWNER Joe E. Rhodes (CONDT.) DESCRIPTION West 287.2 feet along said East line of Mabelvale Highway; thence East parallel to South line of SEk SW'k a distance of 167.2 feet; thence South 10 feet; thence East parallel to South line of SEk SWk 280 feet to Beginning, containing 1.85 acres, more or less. Leo Tollett and Part of the SEk SW'k, Section 25, Township Maxine Tollett 1 North, Range 13 West, described as Begin 7117 Mabelvale Pike at a point 421.4 feet North and 4 feet West of the Southeast corner of said SEk SW'k; thence North 88 degrees 20 minutes West 281.8 feet to the East line of Mabel - vale Highway, and 25 feet from the center line of said Highway as now paved; thence Northeasterly along said Highway 100 feet; thence South 88 degrees 20 minutes East 236 feet; thence South 90 feet to the Point of Beginning, containing .535 acres, more or less. Wade F. Hansford and Ora G. Hansford 700 East 9th Street Dr. John Hugh Abercombie (1/3) Dr. Charles W. Fowler (1/3) Edward Penick (1/3) Vesta J. Abercrombie 1123 West 8th Street Raymond P. Merritt and Taletta M. Merritt 6707 Forbing Road J. 0. Dickey and Essie J. Dickey #3 Wanda Lane James J. Holland and Herta M. Holland 7323 Mabelvale Pike Lot 3, HANSFORD SUBDIVISION. All that part of the Ek W-3/4 E2 NEk NWk, Section 36, Township 1 North, Range 13 West, which lies North of a line described as follows: Beginning at a point on the West line of said Ek W-3/4 Ek NEk NWk 317.7 feet South of the Northwest corner thereof; thence North 89 degrees 50 minutes East 247.65 feet, more or less, to the East line of said Ek W-3/4 Ek NEk NWk. The North 317.7 feet of E' W-3/4 NEk NWk, EXCEPT the West 247.5 feet thereof, Section 35, Township 1 North, Range 13 West. Lots 1 and 2, THE TALETTA SUBDIVISION. Lot 30 A, Replat of Lot 30, J. 0. DICKEY'S SUBDIVISION. Lot 30 B, Replat of Lot 30, J. 0. DICKEY'S SUBDIVISION. APPLICATION FOR REZONING TO THE LITTLE ROCK PLANNING COMMISSION: FIRE DISTRICT NO. O P.C„A , 19 P.C.DENIED U(AAA-k !, 1922 BD.OF DIR. APPROVED: , 19 BD.OF DIR. DENIED , 19 ORDINANCE NO. ZONING CASE NO. Z Filing Date: Application is hereby made to the Little Rock Board of Directors of Little Rock, Arkansas, through the Planning Commission pursuant to Arkansas law on City Planning, Act 186, of 1957, Acts of Arkansas and Section 23 of the Little Rock Zoning Ordinance No. 5420 as amended, petitioning £or a rezoning of the following described area: Part of the SE'k, of the SWI; of Section 25, Townshig 1 North, Range U West, and described as beginning 1141.9 feet West of the intersection OF t'he _2011t14 3inA of 96G.255 TIN, R 13 W, wLyh the wer'+- D4 C) ht Wa3 — line of the Missouri gacific Railroad and 20 feet North of said Section- ttnU9 LhenCe North 37 and 54' EasC atong the East Itne of the Highway as now paved, 114.0 feet, thence East parallel to the South line or Sec. 25, 245.1 feet', thence South feet to a point 20 feet Nor—t——of South line Sec 25 thence West 315.2 feet _parallel to South line of Sec. 25, to the point of beginning, .707 acre more or less, lying and being ii Title to this property is vested in:J. L Graves and Marguerite Graves It is desired that the boundaries shown on the District Map be amended and that this area be reclassifified from the present " A " Single Family, District to if F-11 Commercial District. Present Use of Property: Desired Use of Property: RP ai 1 Star Off) (there are no) deed restrictions pertaining to the intended use of this -property. The filing fee, required by Ordinance No. 9455 will be paid at the City Collector's Office on the filing and acceptance of this application by the Zoning Office. It is understood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least 15 days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission (PC -18) must be circulated by the applicant to all other parties in interest, including owners of land within 200 feet of the boundary of the area under consideration as required by the rules of the Commission, and that the cost of these notices shall be borne by the applicant. SPITZBERG, MITCHELL & HAYS Attorneys for (OWNER) Grave; or (AGENT) B John P. Gill ADDRESS: 82 spyramid T fe glfgg. DATE•.PHONE : Little Rock, Arkansas 72201 FormZA 6-4-71 (600) - .37;�-313 THIS COMPLETED QUESTIONNAIRE MUST ACCOMPANY THE REZONING APPLICATION (Fill in or cross out words or lines not appropriate) 1. I am the (gX) (legally designated agent) of the property involved in this application. 2. (a) The rezoning of this property has been requested before ) (b) The rezoning of this property was requested previously (date) changing it from District to District (no) 3. For what purpose is property presently used: Single family residence 4. The intended use of this property is: Retail Store 5. I (aM (do not) propose use of the property as it is (exclusive of minor repair) if rezoned. (If you do, have you discussed this with the Building Inspection Division of this Department (yes) (no) 6. If rezoned: (a) I have an immediate builder - (yes) (no) (b) Plan to develop in the future - (yes) (no) (c) Plan to sell after rezoning - (yes) ) 7. The proposed rezoning: (a) Is compatible with the established land -use pattern of adjacent properties in the immediate area (yes) (9£) (b) Would create an isolated zoned lot or tract incompatible with adjacent zoned property (" (no) 8. The basic land -use pattern of the immediate area has changed recently - (yes) -) 9. The proposed zoning: (a) (VW) (will not) in my opinion adversely affect living conditions in the neighborhood (b) X) (will not) in my opinion, adversely affect the value of adjacent properties (c) (T�M) (will not) in my opinion, deter the improvement or development of adjacent property (d) (TIM) (will not) in my opinion, adversely affect the character of the immediate area 10. (a) The general character of the immediate area is "built up" (DO X XI X 11. In my opinion, the rezoning of this property (M) (will not) result in an (�R (decrease) in traffic incident to the intended use of the property. 12. I have parking spaces sufficient to comply with requirements of the City Ordinance under my present zoning classification (yes) (rte 13. If property is rezoned: (a) Sufficient parking is now available (yes) (b) The required additional parking will be provided (yes) (no) 14. There (W (is not) any restriction on this property imposed by a Bill of Assurance - (should there be one, I realize I shall be liable to the property owners having a common interest in this matter) SPITZBERG, MITCHELL & DAYS, Attorney for J. L. Graves and Marguerite Graves Date: April 28, 1972 12-6-71 200 Signature of Owner, or legally Authorized Agent. John P. Gill 1825 Pyramid Life Building Little Rock, Arkansas 72201 P E T I T I O N TO: THE MEMBERS OF THE LITTLE ROCK PLANNING COMMISSION We, the undersigned property owners, and residing in the vicinity of the intersection of Forbing Road and Mabelvale Pike, do hereby respectfully object to the application of J. L. Graves and Marguerite Graves, seeking to rezone their property from "A" Single Family to "F" Commercial. We submit that said application for rezoning should be denied for the following reasons: 1. The property sought to be rezoned is not adjacent to any commercial property and would constitute "Spot Zoning". 2. All the property in the area is used and occupied as Single Family Dwellings, and we all have substantial invest- ments in our homes. We feel that if this application is approved and the property rezoned, it will substantially lower the values of our homes. 3. Mabelvale Pike and Forbing Road were not constructed to carry the heavy traffic that would be generated by commercial use of property in this area. 4. The rezoning of this property would be an encroachment on a well established Single Family Residential District. RESPECTUFLLY SUBMITTED, z� Z , 7 0.>_ s ��- i ?z / lf6f P E T I T I O N TO: THE MEMBERS OF THE LITTLE ROCK PLANNIISG COMMISSION We, the undersigned property owners, and residing in the _ vicinity of the intersection of Forbing Road and Mabelvale Pike, do hereby respectfully object to the application of J. L. Graves and Marguerite Graves, seeking to rezone their property from "A" Single Family to "F" Commercial. S , We submit that said application for rezoning should be denied for the following reasons: 1. The property sought to be rezoned is not adjacent to any commercial property and would constitute "'Spot Zoning". 2. All the property in the area is used and occupied as Single Family Dwellings, and we all have subartantial invest- ments in our homes. We feel that if this application is approved and the property rezoned, it will substantially lower the values of our homes. 3. Mabelvale Pike and Forbing Road were :not constructed to carry the heavy traffic that would be genenated by commercial use of property in this area. 4. The rezoning of this property would bee an encroachment on a well established Single Family Residential District. RESPEC=TUFLLY SUBMITTED, 3 LS zzLaztz g�L 72— Zo �- %/l /'M, le, A, P E T I T I O N TO: THE MEMBERS OF THE LITTLE ROCK PLANNING COMMISSION We, the undersigned property owners, and residing in the vicinity of the intersection of Forbing Road and Mabelvale Pike, do hereby respectfully object to the application of J. L. Graves and Marguerite Graves, seeking to rezone their property from "A" Single Family to "F" Commercial. We submit that said application for rezoning should be denied for the following reasons: 1. The property sought to be rezoned is not adjacent to any commercial property and would constitute "Spot Zoning". 2. All the property in the area is used and occupied as Single Family Dwellings, and we all have substantial invest- ments in our homes. We feel that if this application is approved and the property rezoned, it will substantially lower the values of our homes. 3. Mabelvale Pike and Forbing Road were not constructed to carry the heavy traffic that would be generated by commercial use of property in this area. 4. The rezoning of this property would be an encroachment on a well established Single Family Residential District. VIA RESPECTUFLLY SUBMITTED, P E T I T I O N TO: THE MEMBERS OF THE LITTLE ROCK PLANNING COMMISSION We, the undersigned property owners, and residing in the vicinity of the intersection of Forbing Road and Mabelvale Pike, do hereby respectfully object to the application of J. L. Graves and Marguerite Graves, seeking to rezone their property from "A" Single Family to "F" Commercial. We submit that said application for rezoning should be denied for the following reasons: 1. The property sought to be rezoned is not adjacent to any commercial property and would constitute "Spot Zoning". 2. All the property in the area is used and occupied as Single Family Dwellings, and we all have substantial invest- ments in our homes. We feel that if this application is approved and the property rezoned, it will substantially lower the values of our homes. 3. Mabelvale Pike and Forbing Road were not constructed to carry the heavy traffic that would be generated by commercial use of property in this area. 4. The rezoning of this property would be an encroachment on a well established Single Family Residential District. RESPECTUFLLY SUBMITTED, 6 lei kJ 7t6_,, -1" 7d J0 zle AIL_ Ll 42 / �► - �/ 72- 00 �- � This letter will advise that an application has been filed with the Little Rock Planning Commission to rezone from "A" single family to "F" coumtercial classifi- cation of the following described property, to wit: Part of the SE -1/4 of the SW -1/4 of Section 25, Township 1 North, Range 13 West, and described as beginning 1141.9 feet West of the intersection of the South line of Sec. 25, T1N, R13 West, with the West right-of-way line of the Missouri - Pacific Railroad and 20 feet Porth of said section line, thence North 37 degrees and 54' East along the East line of the Mabel - vale Highway as now paved, 114.0 feet, thence East parallel to the South line of Sec. 25, 245.1 feet, thence South 90 feet to a point 20 feet North of South line Sec. 25, thence West 315.2 feet parallel to South line of Sec. 25, to the point of beginning, .707 acre more or less, lying and being in the County of Pulaski, town of Little Rock, State of Arkansas. A public hearing on said application will be held by the Planning Corcanission in the Board of Directors Chamber, City Hall on June 1, 1972, at 3 o'clock p.m. While your presence thereat is not necessary, you may appear at that time to express your views on the request. SPITZBERG, MITCHELL & HAYS Attorneys for J. L. Graves and Marguerite Graves By John P. Gill