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HomeMy WebLinkAboutZ-03125 ApplicationAPPLICATION FOR REZONING ZONING CASE FILE NO. Z- r PLANNING COMMISSION MEETING DOCKETED FOR 19 a.t .� ,.m. Application is hereby made to the Little Rocif Board of Directors of lAtt-le 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_descrihed area: / Title It is to this property is vested in: �' : _ �� ill I�r� ' tee— i desired that the boundaries shown an thece' is�ct Map be A mended aiTd that t urea District to District, Present Use of Property: ' A Desired I?se -f f on.,r+v, - _-�.,�,. tiF eGr- `c•~;.�T^ r --, ta4ning to the intended use of this P cPL It is understood that notice cf the ? ubl.c hearing hereon before the Little Rock Planning Commission will be published at 1 -east 15 days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts cf Arkansas and 3--ction 23 of said Ordinance, and that notice of preliminary hearing before the Commissior must be circulated by the appli- cant to all other parties in i:terest, 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 bort' by the applicant. s (OWNER) i MAIL ADDRESS: ;! or (AGENT) HOME PHONE:ON BUSINESS PHONE. ,. FILING FEE: 19 Collectors - DENIED - paid stamp BD, OF DIR.I LM 3 here - 0 u 5 -7 — -- Signature of Secretay1bf Comm" ion or Authorized Agent11 i PZ"=' I Cmr COLLECTOR 1 -W, d �►A R � P i9� CHECK LIST: CITY LIMITS Master Street Plan Master Parks Plan CDBG Area Can;tol Zoning Areas L sus Tract -- -roan Renewal Plans ' ._ood Plain Plan 4 L: :subdivision Status i` rc D__2 C t t= i — STATE OF ARKANSAS) )SS COUNTY OF PULASKI) AVWTnnvTM William N. Galbraith and I are the Lessees of a building located at 25oo West 7th Street, Little Rock, Arkansas. The property is used as a tavern doing business as the White Water Tavern. We filed an application for rezoning, No. Z-3125 for Lot 8, Block 8, Ferndale Addition, except the north 67 feet for the tavern property. We requested that the property be rezoned from the present one family district to "F" commercial. The petition was docketed for the April 26, 1977 meeting of the Planning Commission. On April 25, 1977, at approximately 2:00 P.M. I contacted Richard Wood of the Planning Commission staff and requested by letter withdrawal of the petition. After talking with Mr. Wood it was my impression that withdrawal of the petition at the Planning Commission meeting the next day was merely a formality and there was no need for our appearance at the meeting. At the April 27 meeting the Planning Commission denied the petition in our absence and without introduction of any evidence whatsoever in support of the petition or consideration of the request fotwith rawal of the petition. PAtJt--R. B K Subscribed and Sworn to before me, a Notary Public, this "Ire day of May, 1977. r otary Public My Commission Expires: J�� lC7 U ZONING CASE FILE NO. APPLICATION FOR REZONING 7--jV;2rr - r PLANNING COMMISSION MEETING DOCKETED FOR]9 at Application is hereby made to the Little Rol Board of Directors o ' the 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 arezoning of the following described area:/ CPI J LA 4 0 =00,h A L r! PI., 11 / j/I - : i,_l _ A, r �x Title to this property is vested in: It is desired that the boundaries shown on be reclassified from the present " 'v -r,' - /1 P h 'A . District Map -be Ziniended aMd that t'frr-area District to District. Present Use of Property: I -,-- Desired Use of Proo_erty: a• -A nI creed restrict.=_ons pertaining to the intended use of this pT oper'_y. -- 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 appli- cant to all other parties in i:terest, 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 borge by the applicant. (OWNER) 1 MAIL ADDRESS: { or (AGENT) ' ' i 41 _ �,. HOME PHONE: f [(_ U ' J BUSINESS PHONE: - PILING FEE: • .14 Collectors y paid stamp _ DENIED. BD. OF DIR. ,l ;-4 7' -7_5,1 " ;Irrm", 1 E here ORDINANCE NO. + Signature of Secret - od fission or Authorized Agent CHECK LIST: # CITY LIMITS Master Street Plan L: Master Parks Plani� CDBG Area Capitol Zoning Areas ;C E DIC;: jo►ViEs Census Tract- f _ i CITY COUECTO R ! Urban Renewal Plans ' Flood Plain Plan Subdivision Status ♦ i Fire District MA R LO $ 29TH W. 5TH W. 6TH. ST. N iTOL) -i� INS ZE z-sz fii7iiLlij z-szB W. 3RD. ST. Z -Z 20 ..m Z- 312'5 z- n is -A fii7iiLlij z-szB W. 3RD. ST. Z -Z 20 ..m oloo� I I Ant t\j i NS ci � '5� 0eA R, S -) K. OCA --P r-, Ta.Aj4p12Al \ichp�Zc�, ez©,�V,� 44 LAW OFFICES OF McARTHUR AND JOHNSON A PROFESSIONAL ASSOCIATION LITTLE ROCK, ARKANSAS 72201 WILLIAM C McARTHUR THREE HUNDRED SPRING BUILDING PAUL JOHNSON SUITE SOO JACK T LASSITER (501) 372-5425 May 4, 1977 3_7 2—,5+2,5 ATTN: Richard Wood City of Little Rock Planning Commission City Hall Little Rock, Arkansas Re: Case Z-3125 Commissioners: Paul Black and Mike Galbraith, d/b/a The White Water Tavern petitioned the Planning Commission to re -zone the property located at 2500 West Thayer, from residential to "F" commercial. On Monday, April 25, 1977, Mr. Paul Black contacted Richard Wood of the Planning Commission staff and requested withdrawal of the application. Mr. Wood informed Mr. Black that withdrawal of the application would be a matter for the Board's determination at their meeting on Tuesday, April 26, 1977. However, Mr. Black was left with a clear impression that his request for withdrawal of the petition would be automatically granted and that his presence at the meeting was unnecessary. (See attached affidavit) The Commission met on Tuesday, April 26 and in a highly unusual act considered the petition despite Mr. Black's request for withdrawal. The petition was, with- out surprise, denied since no evidence was presented in support thereof. Mr. Galbraith and Mr. Black, therefore, request that the Commission abandon their decision -of April 26, 1977, and grant the request for withdrawal of the petition, or in the alternative grant a supplementary hearing for purpose of receiving evidence in support of the petition for re -zoning. The ex parte determination on April 26, was not in the best interest of the City of Little Rock and unfairly denied petitioners an opportunity for presentation of evidence in support of their request. JTL/sd Attch. Respectfully submit ed, T J ck T. Lassiter A to ney for Applicants WILLIAM C McARTHUR PAUL JOHNSON JACK T LAS51TER LAW OFFICES OF McARTHUR AND JOHNSON A PROFESSIONAL ASSOCIATION LITTLE ROCK, ARKANSAS 72201 May 17, 1977 Mr. Richard Wood Office of Comprehensive Planning City Hall Markham & Broadway Little Rock, Arkansas 72201 Re: Case No. 3125 Dear Mr. Wood: THREE HUNDRED SPRING BUILDING SUITE 500 (501) 372-5425 On April 26, 1977, the Planning Commission denied a requested rezoning for property located at 2500 West 7th Street, Little Rock, Arkansas. The application for rezoning was filed by William M. Galbraith for Lot 8, Block 8, Ferndale Addition, less and except the north 67 feet. Your zoning case file number is Z-3125. Mr. Galbriath has filed notice of appeal to the Board of Directors. Section 43-29C of the City Code of Ordinances provides - "No petition shall be reviewed by the Board of Directors unless and until the petitioner shall have filed with the City Clerk an affidavit reflecting the names and last known addresses of the owners of record of all property situated within 200 feet of the property described in said petition who are registered as objectors at the initial planning commission hearing, and further reflecting that all said owners had been notified in writing by registered or certified mail of the time, place, and date the petition is to be reviewed by the Board of Directors." Due to the unusual circumstances of this case Mr. Galbraith was not present at the planning commission hearing nor was any representative of his business present at the meeting. Therefore, we are not aware of the names and known addresses of property owners who were registered as objectors at the Planning Commission hearing. Would you please provide us Mr. Richard W. Wood May 17, 1977 Page 2 with those names or respond and tell me how I might obtain a list of the objectors. Thank you for your continuing cooperation in this matter. Yours sincerely, - Jack T. Lassiter J JTL/sd cc: Paul Black Mike Galbraith W Z 0 2500 ej, 7 " jT 9 ro F 14 v J J �3 �D W Z 0 2500 ej, 7 " jT 9 ro F 14 v J J �3 June 6. 1911 Yr. Tack T. Lassiter Suite 504 300 Spring Building Little Rock, Ark, 72201 Re: Miite Water Tavern rezoning -�2500West 7th Street Dear Sit t The Planning Commission at its meeting xray 31st voted to deny a rehearing of the referenced application. The next step in year pursuit of a rehearing is before the Board of Directors. tf we may be of assistance, please tall. Yom*;c"eof lYr r RiV. Wood of Comprehensive planning M94tdl w 5-31-77 Item No. 25 - RECONSIDERATION ITEM Case Number: Applicant: Location: Description: Present Classification: Proposed Classification: Proposed Proposed Use: Z-3125 William Galbraith 250.0 W. 7th Street Lot 8:, Block 8, Ferndale Addition "B" 'Residence District "F" Commercial District Expand PLANNING COMMISSION RECOMMENDATION: THE REQUEST WAS DENIED AS A UNANIMOUS VOTE FOR RECONSIDERATION COULD NOT HE OBTAINED. Staff Report:, This.regt is the -result of the Commi:ssion•'s denial of the rezoning of this lot. The applicant -requested An writing on April 25th that his case be withdrawn from consideration at the April 25th meeting-, The applicant did not attend :the meeting to present his case. As a result, the objectors asked -for-and received a hearing on the case. Although it was understood byes -teff that .the owner was not pursuing rezoning until a future date, it is apparent that he intended to .refile within a short period., The owner has filed an appeal with the City Board to assure his remedies are properly pursued. Should the -Commission vote to refuse a rehearing, then the issue will be present.eff- to tirke Board. In order to rehear the case-, it will be necessary -to?obtain a -unanimous vote of all members of -the Commission present at the -meeting. The applicant would ,then renotify owners, pasta .sign, and refile the application. There were no objectors present. Tfiere was -no one pre#ent to represent the request° - 29 - ADMINISTRATIVE ACTION City of Little Rock (1-74) To Vl - Nathaniel Griffin Date June 22, 1977 From Carleton McMullin Description of Subject Z-3125 Rezoning 2500 W. 7th Street, from "B" One -family District to "F" Commercial District Type of Meeting Board of Directors Regular Meeting Action Taken Date of Meeting June 21, 1977 Public Hearing and Ordinance deferred - July 5th Board of Directors Meeting Ndministrative Action Requested Attachments To Comply To Investigate; report recommendations to this office 1 No report necessary; information only Coordinate with See remarks ADMINISTRATIVE ACTION C -1-ty of Little Rock (1-74) I - Nathaniel Griffin Date July 6, 1977 From Carleton McMullin :Description of Subject Reclassifying 2500 West 7th Street, from "B" One -family to "F" Commercial i'N,pe of Meeting Esoard of Directors Regular Meeting ,,oc t ion Taken Public Hearing held - ORDINANCE FAILED OE PASSAGE `ldministrative Action Requested ,4 Lac linents t To Comply Date of Meeting July 5, 1977 To Investigate; report recommendations to this office No report necessary; information only Coordinate with See remarks . P s 4-26-77 Item No. 3 - NEW MATTERS - Rezonin Case Number: Z-3125 Applicant: Thomas J. Marbut, III by William Galbraith Location: 2500 West 7th Street Description: Lot 8, Block 8, Ferndale Addn. Present Classification: "B" Residence District Proposed Classification: "F" Commercial District Proposed Use: Make existing tavern a conforming use Staff Recommendation: This request was prompted by the owner having some difficulty with the building permit process due to his use being non -conforming. The existing tavern type use has existed many years. The staff feels that rezoning this tract will not significantly affect the immediate area. We would recommend approval. - 3 - 1 W Z 19 J 7;: -"Jr. ro F i J ME City of Little Rock Office of Comprehensive Planning City Hall Markham at Broadway Little Rock, Arkansas 72201 376-6111 .(.,.0 �_? . ; Y(d i .� Re: Case No. Z-- 4 _ �^ ~-+ Addressr'`�' Dear This is to advise you that in connection with your application{ for a cbacnge r { V r 1 in zoning from' � . r� � r--'L11v(��I-+ District to � " .,_,_�/-? ;,�� ���.... District, the, -following action w.s tako�n by the Planning Commissi3n at its meeting (a) i� Denied your request as submitted. Recommended approval as applied for. Recommended approval - provided: Recommended rezoning to Deferred to (at your request) _ (f) An ordinance effecting this rezoning-„ _ w�1J� of be submitted to th Board of Directors for its considera ionat its meeting Yours very truly, �x A Office of Comprehensive dl ft anning Com-, loa; t �= 71--- L4 V\J. -7 LP f lc<-C�u�z lcI Cc.Z'au � ctiuen�.- We the undersigned residents of the' -Stiff Station neighborhood heraby request that the City of Little Rock prosecute the owners of the `White Yater taverna 2500 W. 7th St,, for viola ting Section 25-72 (b) & (c), and Section 25-76 of the Code of Ordinances of the C41 -1y of Little Rock, The White Water tavern is a noncomplying cc=-,ercial establishment located in, an area zoned 'B' residential. In recent month* the tavern has been a severe nuisance to the residents of the atea. The owners of the tavern have insisted upon playing ?oud "rock music" late into the night (often until 1 & 2 ami), The music is so loud that it often wakes us up,and, sometimes -is so loud that it prevents us from getting to sleep In addition, some of the patrons of the tavern yell, shoutV hoot, and,eing in the streets outside the taverna Other tavern patrons purposely squeal the ties of their cars as they leave. Still other patrons throw beer cars and bottles in oixr ditches and yards as they vialk back to their cam. Uo feel that thoir may be a place for such noise and behavior g but that it certainly is not in our neighborhood late at nights We have asked the +owners of the tavern to quiet down their music several times. They have refused, We have[ called the police several ti?aeaa The golice came outq but as soon as they leave the music gets loud again. The police have suggested that we bring this matter to your attention, We urge you to ask city attorney Kemp to Zook into this matter aid to proceed with the course of action that will. bring peace and quiet back to aur neighborhood as soon as possible, .-N.AY5 DESS d�fE L-�-G � � � 1J .�.i C-�� � i � �� � G' e � •�.--1� fry � � �. v r - � �r- P Y � Z_�1'•�: V� rte- ` - ' 7 ; r - ...� 7 --•r 111 / V . - / -4 T I r f r e r I PETITION CIRCULATED BY THE• STIFF STATION COWIUNITY ORGANIZATIONi AN ARKANSAS COMMUNITY ORGANIZATION FOR REFORM NOWT We the undersigned residents of the Stiff Station neighborhood hereby request that the City of Little Rock prosecute the owners of theWhite Water tavern, 2500 W, 7th St,, for violating Section 25-72 (b) & (e) a and Section 25-76 of the Code of Ordinances of the City of Little Rock. The White Water tavern is a non-comp?ying commercial establishment located in an area zoned 'BB residential. In recent morathq the tavern has been a severe nuisance tup o the -'- residents of tho area. The oviners of the tavern have insisted on playing -loud "rock music" late into the night (often until I ec 2 2 -*i j) . The music is so loud that it often wakes us upgand, sometimes is so loud that it prevents us from getting to sleep. In addition, some of the patrons of the tavern yell,. shoutw hoot, and, sing in the streets outside the tavern. Other tavern patrons purposely squeal the tiros of their cars as they leave. Still other patrons throw beer cans and bottles in oiir- ditches and yards as they walk back to thein cars, We feel that their may be a place for such noise and behavior, but that it certainly is not in our neighborhood late at night. We have asked the owners of the tavern to quiet down their mmaic several times, They have rafused. We hav6 called the police setreral tines, The police come out, but as soon as they leave the music gets loud again.The police have suggested that we bring this matter to your attention. We urge you to ask city attorney Kemp to look into this matter afid to proceed with the course of action that -Trill bring peace and quiet back to our neighborhood as soon as possible. il3R'' - D ,SS �dONE r �1 f 16 LO n >> >)')> —�c -)) li y J711 Ila OL - '1 ; ( o r � , PETITION CIRCULATED BY THE -STIFF STATION COMIMUNITY ORGAN � I ATIONi AN ARKANSAS COMMUNITY ORGANIZATION FOR REFORM NOWT '' X) C-0 & 671Z We the undersigned residents of the Stiff Station neighborhood hereby request that the City of Little Rock prosecute the owners of the White Water taverns 2500 W. 7th S t.9 for violating Section 25672 (b) & We and Section 25-76 of the Code of Ordinances of the City of Little Rock. The White Water tavern is a non -complying commercial establishment located in an area zoned °B° residential. In recent monthq the tavern has been a severe nuisance to the residents dg the Brea. The owners of the tavern have insisted upon Playing loud "rock music" late into the night ( often until, i & 2 am a ). The music is so loud that it often cakes us upsand. sometimes is so load that it prevents is from getting to sleep. In addition, some of the patrons - of the tavern yell, shout► hooto and, Bing in the streets outside the tavern. Other tavern patrons purposely squeal the tires of their care as they leave. Stili other patrons throw beer cans and bottles in our ditches and yard3 as they walk back to their cars, Zia feel that their may be a place for such noise and behavior,, but that it certainly is not in our neighborhood late at night. We have asked the uwners of the tavern to quiet down their music sGvaral times. They have refused, We have called the police several times. The police toms out, but as soon as they leave the music gets loud again. The police have suggested that we bring this matter to your attention, We urge you to ask city attorney Kemp to_look into this matter akd to proceed with the courde of action that will bring peace and quiet back to our neighborhood as soon as possible. c PETITION CIRCULATED BY THE1STIFF STATION COMMUNITY ORGANIZATIONi AN ARKANSAS COMMUNITY ORGANIZATION FOR REFORM NOWT G. > * r We the undersigned residents of the Stiff Station neighborhood hereby request that the City of Little Rock prosecute the owners of the White Water tavern, 2500 W. 7th St., for violating Section 25672 (b) & We and Section 2575 of the Code of Ordinances of the City of Little Rock. The Whitey Water tavern is a noncomplying commercial establishment located in an area zoned •B' residential. In recant monthq the tavern has been a severe nuisance to the residents of the area. The ovrners of the tavern have insisted upon playing -loud Wrack music*` late into the night (os•ten t?ntil 1 & 2 amj) . The music is so loud that iz often wakes gas upland, eometimes is so loud that it prevents us from getting to sleep. In addition, some Of the patror,3 of the tavern yell, shout;, hoot, and, sing in the streets outside the tavern, Other tavern patrons purposely squeal tate tires of their cars as they leave. Still other patrons throw bBev cans and bottles in oeir ditches and yards as they vralk back to their cargo We feel that their may be a place for such noise and behavior, but that it certainly is not in our neighborhood late at night, We have asked the miners of the tavern tai quiet down their music soveral tines. They have refused, We have called the police several timos. The police coxae out, but as soon as they leave the music gets loud again. The police have suggested that''we bring this matter to your attention. We urge you to ask city attorney Kemp to,look into this matter ald to proceed with the courde of action that will bring peace and quiet back to our neighborhood as soon as possible. -APfi: LD-DEESS— /f j? r PETITION CIRCULATED BY THE'STIFF STATION COMMUNITY ORGANIZATIONS AN ARKANSAS COMMUNITY ORGANIZATION FOR REFORIMI NOW i �G