HomeMy WebLinkAboutZ-03117-A Applicationp 7
APPLICATION FOR REZ-ONIZ 10
FEB P 7
ZONING CASE FILE NO. Z- 'f
t
PLANNING COMMISSION MEETING DOCKETED FOR 19? at., p.m.
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 for a rezoning
of the following described area:
9
Title to this property is vested in: --,i� !-L
It is desired that the boundaries shown on the District Map beg amended and
that this area be reclassified from the present }_,� A
District to ;', Edi District.
Present Use of Property: F_
Desired Use of Property:
(�) (there are no) deed restrictions pertaining to the intended use
of this property.
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 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.
O MAIL ADDRESS:
or (AGENT) HOME PHONE:
BUSINESS PHONE:
FILING FEE: P.C. APPROVED: , 19
Collectors P.C. DENIED: , 19
paid stamp BD. OF DIR. PPROVED-
here ORDINANCE N0. "
Signature of Secretary of mmission or
Authorized Agent
CHECK LIST: v
CITY LIMITS
Master Street Plan
Master Parks Plan ;
CDBG Area s
Capitol Zoning Area,,
Census Tract
Urban Renewal Plans
Flood Plain Plan
Subdivision Status
Fire District
ORDINANCE NO. 13,431
AN ORDINANCE RECLASSIFYING VARIOUS PROPERTY
WITHIN THE CITY OF LITTLE ROCK, ARKANSAS,
AMDENDING SECTION 43-2 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That the zone classification of the following
property be and is hereby changed as indicated: ;
1 '^f
Subsection A - Z -2501A described as:
l
A part of the SV7 1/4, SW 1/4, NW 1/4 of Section 11,
Township 1 N, Range 13 W, Pulaski County, Arkansas,
more particularly described as follows: Commencing
at the SW corner of the SW 1/4, SW 1/4, NW 1/4 of
said Section 11; thence N 891 25 minutes E, along
the S line of the said SW 1/4, NW 1/4, 359.6 feet
to the point of beginning; thence N 0° 8 minutes
W 130 feet; thence S 89° 52 minutes W 67.3 feet;
thence N 0° 8 minutes W 120 feet; thence N 89°
52 minutes E 35 feet; thence N 0° 08 minutes W
410.27 feet more or less to the N line of the said
SW 1/4, SW 1/4, ATW 1/4; thence E along said N line
330 feet to the NE corner of the said SW 1/4, SW 1/4,
NW 1/4; thence S 01 8 minutes E along the E line of
the said SW 1/4, SW 1/4, NW 1/4 658.1 feet to the
SE corner thereof; thence S 89° 25 minutes W along
the S line of the said SW 1/4, SW 1/4, NW 1/4 297.69
feet to the point of beginning, containing 4.97 acres
more or less from "A" One -Family District and "MF -12"
Multi -Family District to "MF -12" Multi -Family
District.
Subsection B - Z-3201 described as:
Lots 1 through 6 of Block 10, Fairgrounds Addition,
from "B" Residence District and "F" Commercial
District to "I" Li Industrial District.
Subsection C �-� Z-3 7- des t - ed as:
s
A tract of land in he SW 1/4 of Section 13, Township
1 N, Range 13 W, Pulaski County, Arkansas, being mor6
particularly described as follows: Commencing at the
SW corner of Section 13, Township 1 N, Range 13 W;
thence E 458.7 feet to the point of beginning; thence
N 0° 28 minutes E, 841.01 feet to the S right-of-way
line of Asher Avenue; thence N 6° 37 minutes E, 286.44
feet along the said right-of-way line; thence S 01
29 minutes W, 998.6 feet; thence W 237.6 feet to the
point of beginning, containing 5.0 acres more or less
from "A" One -Family District and "F" Commercial
District to "F" Commercial District. Less
and except the S.50 feet thereof to remain
"A" One -Family District
Subsection D - Z-3202 described as:
A tract of land located in the NE 1/4, SW 1/4 of
Section 33, Township 2 N, Range 12 W, Pulaski County,
Arkansas, also being a ,replat of a portion of Phase I
of Riverfront Addition, Little Rock, Arkansas, more
particularly described as: Commencing at the SW
corner of the said NE 1/4, SW 1/4; thence S 880
29 minutes, 38 seconds E 789.68 feet to the point
of beginning; thence N 19° 48 minutes, 40 seconds
W, 267.09 feet; thence N 88° 28 minutes, 38 seconds
P7, 334.33 feet; thence N 1° 14 minutes, 40 seconds
E, 381.57 feet; thence N 47° 38 minutes, 0 seconds E,
-2-
74.82 feet; thence S 42° 21 minutes, 50 seconds E,
159.15 feet to a point of curvature of a 500 foot
ra�3it.ja curve to the right, said curve having a
cord bearing and distance of S 31° 5 minutes, 15
seconds E, 195.54 feet; thence N 70° 11 minutes,
20 seconds E, 60.0 feet; thence N 60° 18 minutes,
39 seconds E, 246.5 feet; thence S 29° 52 minutes,
17 seconds E, 100.10 feet; thence S 24° 42 minutes,
12 seconds E, 194.44 feet; thence S 50° 29 mintues,
40 seconds W, 254.9 feet; thence S 11 26 minutes,
20 seconds W, 125.05 feet; thence N 88° 29 minutes,
38 seconds W, 48.93 feet to the point of beginning,
containing 4.44 acres more or less from "K" Heavy
Industrial District to "F" Commercial District, and
a tract of land described as:
Located in the NE 1/4, SW 1/4 of Section 33, Township
2 N, Range 12 W, Pulaski County, Arkansas, also being
a replat of a portion of Phase I of Riverfront
Addition, Little Rock, Arkansas, more particularly
described as: Commencing at the SW corner of the said
NE 1/4, SW 1/4, thence S 88° 29 minutes, 38 seconds E,
789.68 feet; thence N 190 48 minutes, 40 seconds W,
267.09 feet; thence 334.3 feet; thence N 1° 14
minutes, 40 seconds E, 381.57 feet to the point of
beginning; thence N 1° 14 minutes, 40 seconds E,
261.27 feet; thence S 88° 51 minutes, 40 seconds E,
329.25 feet; thence S 29" 52 minutes, 17 seconds E,
400.0 feet; thence S 60° 18 minutes, 39 seconds W,
246.5 feet; thence S 70° 11 minutes, 20 seconds W,
60.0 feet to the point of curvature of a 500 foot
radius curve to the left, having a cord bearing and
distance of N 310 05 minutes, 15 seconds.W, 195.54
feet, N 42° 21 minutes, 50 seconds W, 159.15 feet;
thence S 47° 38 minutes, 0 seconds W, 74.82 feet
to the point of beginning, containing 3.06 acres more
or less from "K" Heavy Industrial District to "E-1"
Quiet Business District.
SECTION 2. That the map referred to in Section 43-2 of the
Code of Ordinances of the City of Little Rock and designated
district map be, and it is hereby amended to the extent and in
the respect necessary to effect and desiqnate the change
provided for in Section 1 hereof.
SECTION 3. That the Ordinance shall take effect and be in
full force from and after its passage and approval.
PASSED: April 18, 1978
ATTEST: Jane Czech APPROVED: Donald L. Mehlburger
City Clerk Mayor
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GOLF COUPSE
.3117A 7400 81-K OF ASHER AYE,
No Scale —R&—ZONE TO 7-7"
NOTICE OF PUBLIC HEARING BEFORE
THE LITTLE ROCK PLANNING COMMISSION
ON AN APPLICATION TO REZONE PROPERTY
TO ALL owners of land lying within 200 feet of the boundary of property at:
Address: 117 �[ 5
General Location:
Owned by: Att�
NOTICE IS HEREBY GIVEN THAT an application for rezoning of the above property
requesting a change of zone classification from "
District to " -_7 ,a�-X'L' L' t4-1-" - is District
has been filed with the Office of Compi ehensive Planning, City Hall. A public
hearing on said application will be held by the Little Rock Planning Commission
in the Board of Directors Chamber, 2nd Floor, City Hall on
19 °7 y at 2 : OOp , m.
ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place or may
notify the Planning Commission of their views on this matter by letter. All
persons interested in this request are invited to call or visit the Office of
Comprehensive Planning, City Hall, 371-4790, and to review the application and
discuss same with the planning staff.
AFFIDAVIT
I hereby certify that I have notified all the property owners of record within
200 feet of the above property, that subject property is being considered for
rezoning and that a Public Hearing will be held by the Little Rock Planning
Commission at the time and place described above.
Applicant (owner or authorized agent):
Iname)
(date)
MaRTm — mcoanlR
AEaL.oA,
EarZ Hilliard
2601 Justin Matthews Road
North Little Rock, Arkansas 72116
G. G. Kennedy
4601 MaZZoy
LittZe Rock, Arkansas 72204
Ted Darragh
1401 E. 6th St.
LittZe Rock, Arkansas 72203
LittZe Rock School District
West Markham & Tzard St,
LittZe Rock, Arkansas 72203
Educare Centers of Arkansas, Inc.
7501 Asher Avenue
LittZe Rock, Arkansas 72204
AtZey Davis
8900 Stagecoach Road
LittZe Rock, Arkansas 72204
WEST OFFICE: 10300 RODNEY PARHAM ROAD - LITTLE ROCK, ARKANSAS 72207 - 501-227-5587
SOUTHWEST OFFICE: 6520 BASELINE ROAD - LITTLE ROCK, ARKANSAS 72209 - 501-568-4300
REALTOR"
Item No �Z_3117^"
C.N n e r: D I ILJ (Trd �� L L E7T
Applicant:
Existing Zoning:
Location:
Site Charateriq ics:
Size:
Existing Land Use:
Abutting Land Use
And Zoning:
r^ � I �,
7406 t3loc- a5ke"A c
AC
CE
�TC�2�u 5C I.1oo L.. —70 N 1�
37 % L S. _20N AF
50VTP ; Cao L 77coo Ups e - zoN�? A
WEST CQ►2�r C.eN7c2 -eoN-'F
lk l oN c
oning History: c,Q� P2� V IoPJOWL✓�11(
ui;
�,o� p�� ON ,DN /�PJL:.dtE WJE Td
"T .
Applicable Regulations: Zal,IIviG 0"'A
My of Little Rock
Office of City Han
Comprehensive Markham at Broadway
Planning l ittle Rock, Arkansas 72201
376-6111
Re: Case No. 2-
Addresst✓
AV
Dear
This is to adviseo that in connection with your application for a change
in zoning from f� 4. A District to
District, the follow'ng action was taken by the Planning Commission at its
meeting on M l.' .2-, 617
(a)
Denied your
request
as submitted.
(b)
Recommended
approval
as applied for.
(c)
Recommended
approval
- provided:
(d)
- Recommended
rezoning
to T:� d L,% 6A .%A c f c f 4d
(e)
Deferred to
(at your
request)
(f)
An ordinance effecting this rezoning will (stat) besubmitted � ,theC.�
Board of Directors for its consideration at its meeting
dl
You very truly,
Office of Comprehensive Planning
V(;U1Z.cZ2,"I4-1�
G
AfO
3/28/78 P C.
Item No. 4 Z -3117-A
Owner:
Applicant:
Request:
Purpose:
Existing Zoning:
Location:
Site Characteristics:
Size:
Existing Land Use:
Abutting Land Use and Zoing:
Zoning History:
Odie and Nitta Pollett
Betty Cole
Rezone to "I" Light Industrial
To construct a home -center
building material specialists
"F" Commercial and "A-1" Family
7400 block, Asher Avenue, south
side of street
Flat - built-up residential
structures
5 acres +
Residences
North
- Public School
Zoned "A"
East
Commercial and
Residential,
Zoned "A" and "F"
South
- Golf Course
Zoned "A"
West -
Daycare Center
Zoned "F"
One previous application to rezone this tract entirely as "F"
Commercial was denied by the City Board of Directors in March
1977.
Applicable Regulations:
Zoning only.
3/28/78
FACTUAL INFORMATION
Item No. 4
1. NEED AND/OR DEMAND
None expressed by applicant except that several competitors
are located nearby.
2. COMPA'T'IBILITY WITH MUNICIPAL PLAN
Although no plan exists for this area, the actions of the
City Board and Planning Commission have precluded any
expansion of industrial zoning in this area.
3. EFFECT ON ENVIRONS
At present the industrial zoning in use in this area is
limited to the intersection of Western Hills at Asher
Avenue. This industrial pocket is surrounded by "F" zoning
and it has been an unwritten policy along Asher to leave
the old highway industrial uses "as is" and not encourage
expansion by rezoning. The expansion will encroach in the
residential areas in either direction.
4. NEIGHBORHOOD POSITION
None expressed at this time.
5. PUBLIC SERVICES EFECT ON
Police - none.
Fire - none.
Sanitation - none.
o. UTILITIES EFFECT ON
Water - none. Adequate service available.
Sewer - none. Adequate service available.
7. EFFECT ON .PUBLIC FINANCES
None.
8. LEGAL CONSIDERATIONS/REASONABLENESS
Land use plans and zoning actions since annexation in
1951 have confined the industrial uses in the area
to a small pocket. This action would promote industrial
strip zoning of Asher Avenue to the east and west. That
will bring about a decline in livability in adjacent
one -family neighborhoods.
3/28/78
Item No. 4 - Factual Information - Cont'd
9. STANDARDS OF QUALITY
None.
10. TRAFFIC AND STREET RIGHT-OF-WAY CONSIDERATION
Ten feet of additional street right-of-way was dedicated
to the City at the time of rezoning this site to "F"
Commercial in 1977. No other traffic considerations apply.
ANALYSI
Although the use proposed being a home center is not a true
industrial use, the open character of use groups in the proposed
"I" zoning would allow a multitude of objectionable uses.
Past actions of the Planning Commission and Board of Directors
is a mandate, we feel, to protect the remaining residential
value in this community from industrial expansion.
We would suggest that if the Commission is comfortable with the
use as proposed, that the balance could be zoned "F" and a use
variance requested from the Board of Adjustment. That Board has
the authority to do so and has allowed this type of use in the
past.
STAFF RECOMMENDATION
The staff recommends denial of the request as filed, or in any
expansion of the Commercial now existing.
COMMISSION ACTION
There were objectors present, being persons owning the Educare
Center adjacent on the west. The applicant was present, as was
the prospective developer. The Planning Commission discussed
the options open to the owner to assure that everyone understood
the issues. The applicants indicated they understood and that
the only reason they pursued "I" zoning was that they were
instructed that "I" zoning was required for the use.
The Planning Commission voted on the application as filed for
"I" Light Industrial on the entire tract. The petition was
denied as filed by a vote of 9 noes, 0 ayes.
A substitute motion was made to approve "F" Commercial zoning on
the balance of the tract, except the south 50' to remain "A"
One -Family and that the Board of Adjustment be instructed to
include a 6' redwood fence along the west and south property
lines if the Board determines the use should be allowed.
The substitute motion passed by a vote of 9 ayes, 0 noes,
2 absent.
Item No. 4 - Z -3117-A
Owner:
Applicant:
Request:
Purpose:
Existing Zoning:
Location:
Site Characteristics:
Size:
Existing Land Use:
Abutting Land Use and Zoing:
Zoning History:
Odie and Nitta Pollett
Betty Cole
Rezone to "I" Light Industrial
To construct a home -center
building material specialists
"F" Commercial and "A-1" Family
7400 block, Asher Avenue, south
side of street
Flat - built-up residential
structures
5 acres +
Residences
North
- Public School
Zoned "A"
East -
Commercial and
Residential,
Zoned "A" and "F"
South
- Golf Course
Zoned "A"
West -
Daycare Center
Zoned "F"
One previous application to rezone this tract entirely as "F"
Commercial was,denied by the City Board of Directors in Mlarch
1977.
Applicable Regulations:
Zoning only.
FACTUAL INFORMATION
Item No. 4
1. NEED AND/OR DEMAND
None expressed by applicant except that several competitors
are located nearby.
2. COMPATIBILITY WITH MUNICIPAL PLAN
Although no plan exists for this area, the actions of the
City Board and Planning Commission have precluded any
expansion of industrial zoning in this area.
3. EFFECT ON ENVIRONS
At present the industrial zoning in use in this area is
limited to the intersection of Western Hills at Asher
Avenue. This industrial pocket is surrounded by "F" zoning
and it has been an unwritten policy along Asher to leave
the old highway industrial uses "as is" and not encourage
expansion by rezoning. The expansion will encroach in the
residential areas in either direction.
4. NEIGHBORHOOD POSITION
None expressed at this time.
5. PUBLIC SERVICES EFECT ON
Police - none.
Fire - none.
Sanitation- none.
6. UTILITIES EFFECT ON
Water - none. Adeauate service available.
Sewer - none. Adequate service available.
7. EFFECT ON PUBLIC FINANCES
None.
8. LEGAL CONSIDERATIONS/REASONABLENESS
Land use plans and,zoning actions since annexation in
1961 have confined the industrial uses in the area
to a small pocket. This action would promote industrial
strip zoning of Asher Avenue to the east and west. That
will bring about a decline in livability in adjacent
one -family neighborhoods.
Item No. 4 - :factual Information - Cont'd
9. STANDARDS OF QUALITY
None.
1D. TRAFFIC AND STREET RIGHT-OF-WAY CONSIDERATION
Ten feet of additional street right-of-way was dedicated
to the City at the time of rezoning this site to "F"
Commercial in 1977. No other traffic considerations apply.
ANALYSIS
Although the use proposed being a home center is not a true
industrial use, the open character of use groups in the proposed
"I" zoning would allow a multitude of objectionable uses.
Past actions of the Planning Commission and Board of Directors
is a mandate, we feel, to protect the remaining residential
value in this community from industrial expansion.
We would suggest that if the Commission is comfortable with the
use as proposed, that the balance could be zoned "F" and a use
variance requested from the Board of Adjustment. That Board has
the authority to do so and has allowed this type of use in the
past.
STAFF RECOMMENDATION
The staff recommends denial of the request as filed, or in any
expansion of the Commercial now existing.
W11- 30 A/
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IteITI No.
Owner:
Applicant:
Existing Zoning:
Location:
Site Charateriq ics:
Size.
Existing Land Use:
Abutting Land Use
And Zoning:
3117-A
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Item No.
Gwne r:
Applicant:
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P.jrpose:
Existing Zoning:
Location:
z- 3117-A
Site Charateris�ics:
Size.
Existing Land Use:
Abutting Land Use
And Zoning:
LLETT
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Applicable Regulations:
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Mtnan,e� MaRTIn =wanIOL
REALTORS
SOUTHWEST OFFICE: 6520 BASELINE ROAD
LITTLE ROCK, ARKANSAS 72209
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Add your address in the "RETURN TO'' space on
reverse.
1. The following service is requested (check one).
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2. ARTICLE ADDESSE�D%TO:
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3. ARTICLE DESCRIPTION:
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CLERK'S
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Show to whom, date, and address of delivery. _0 9
2. AR i ICLE ADDRESS TO: -
RESTRICTED DELIVERY \
V
Show to whom and date delivered .... ..... —¢
REGISTERED NO. CERTIFIED NO. INSURED NO.
RESTRICTED DELIVERY.
(Always obtain signature of addressee or agent)
Show to whom, date, and address of delivery. $
SIGNATURE Q Addressee E] Authorized agent
(CONSULT POSTMASTER FOR FEES)
4.
2. ARTICLE ADDRES ED TO:
POSTMARK
5. ADDRESS (Complete only if requested)
C
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z
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Z
2
A
IT
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m
3. ARTICLE DESCRIPTION: n
REGISTERED NO. CERTIFIED NO INSURED NO. Z
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(Arways obtain signature of addressee or agent) C
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I have received the article described above. n
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SIGNATURE ❑ Addressee ❑ Authorized agent C
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OF SLIVER_ Y y STAtARK n
Z
a
5. ADDRESS (Complete only if requested)
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nn
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6. UNABLE TO DELIVER BECAUSE: CLERK'S
INITIALS r
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�r GPO : 1977-0-234-337
0 SENDER: Complete items 1. ?, and i.
Add your address in the "RETURN TO" space on
reverse.
1. The following service is requested (check one).
Show to whom and date delivered ..........¢
Show to whom, date, and address of delivery..^¢
RESTRICTED DELIVERY
Show -to whom and date delivered....:.... ¢
RESTRICTED DELIVERY.
Show to whom, date, and address of delivery. $
(CONSULT POSTMASTER FOR FEES)
2. AR i ICLE ADDRESS TO: -
G�-
,
3
7 ? Z,
3. ARTICLE DESCRIPTION.,
REGISTERED NO. CERTIFIED NO. INSURED NO.
T?O ft !
I
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNATURE Q Addressee E] Authorized agent
91
4.
DATE`OF D RY
POSTMARK
5. ADDRESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
* GPO; 1977 234-337
0 SENDER: Complete items 1. 2, and i.
Add your address in the "RETURN TO" space on
reverse.
I Tke following service is requested (check one).
Q Show to whom and date delivered. -..... ..
Show to whom, date, and address of delivery ¢
RESTRICTED DELIVERY
Show to whom and date delivered.. . .....¢
RESTRICTED DELIVERY.
Show to whom, date, and address of delivery. $
(CONSULT POSTMASTER FOR FEES)
2.,AJJLCLE AUDR SED TO:
G�-
,
3
�ff9_e%;_���.
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO INSURED NO.
i9✓D -2/ 8
(Alwayi obtain n_signature -of addressee or agent)
I have received the article described above.
Addressee ❑ Authorized agent
SLDATEOF
4.
ERY /.
5. ADDRESS (Complete only if requests
6. UNABLE TO DELIVER BECAUSE:
LS
* GPO :1977--0-234-337