HomeMy WebLinkAboutletter from Wesson against application14 October 1999
8804 Mabelvale Pike
Little Rock, AR. 72209
City of Little Rock
Department of Planning & Development
723 W. Markham
Little Rock, AR. 72201-1334
Phone: 371-4790
ATTENTION: Mr. Brian Minyard
Reference:
1.) Notice of Land Use Plan Amendment, LU99-15-03, dated 15 Sept. 1999.
2.) Little Rock Code, Division 5. INDUSTRIAL DISTRICTS
Dear Sirs or Madam:
We object to changing the land use plan, for the area shown on the map accompanying the notice
of Land UsePlanAmendment LU99-15-03 owned by E.G. Findley, Delta -Coleman Inc. address given as
8806 Mabelvale Pike, for the following reasons:
1. Section 36-316, General Purpose regarding the specific purposes of industrial districts -
subparagraph (2) Concerning the separation of industrial and residential activities. There are
existing residences and land designated for single family use immediately adjacent to the
proposed industrial area including among others the Winston Terrace subdivision: therefore,
the criteria of this subparagraph cannot be met.
2. Section 36-316, General Purpose regarding the specific purposes of industrial districts -
subparagraph (3) Concerning restrictions in those industrial and related activities which
involve fire, explosion, toxic or noxious matter, radiation, smoke, dust or other particulate
matter, and other hazards, or to create offensive noise, vibration, heat, humidity, glare and
other objectionable influences. It is impossible to adequately control these very objectionable
influences in an industrial area. Witness the East 6`h St. and Asher Ave. areas.
3. Items in subparagraph (1) and (2) of Section 36-318, concerning light reflections, noise levels,
odors, vibrations and outdoor storage of trash receptacles are not really enforceable as
evidenced everywhere there are industries near residents.
4. Concerning Section 36-319, I-1 industrial park district, paragraph (b) Development criteria;
these criteria appear good on paper, but are seldom if ever, implemented in industrial
developments, especially those listed in subparagraphs (1), (2) and (5).
5. Regarding Section 36-320, I-2 light industrial district, paragraph (a) Purpose and intent; the
next to the last sentence in this paragraph states "Residential development is excluded from
this district, both to protect residents from undesirable environment and to facilitate maximum
efficiency of industrial activity. There are existing residents in and adjacent to the proposed
industrial areas. There is no practical way to protect these residents from the undesirable
environment of such industrial areas. It is also not possible to meet the screening criteria set
forth in paragraph (b) Development criteria, subparagraph (1). We further object to many of
the permitted uses under paragraph (c) Use regulations, subparagraph (1) and all of the
Conditional uses under paragraph (c) subparagraph (2) of this section, 36-320. Further, we
object to the areas given in paragraph (e) subparagraph (1), (2), (3) and (4), of this section.
The lot size given in subparagraph (4), 14,000 square ft. or 100 ft. by 140 ft. is entirely too
small for any practical industry.
Those proposing this land use plan have said that changing from single family to light industrial
would increase the value of my property. Such claim, in my opinion, is untrue. Prior to the "80's" the
proposed area was a mecca of lush green pastures, and forests of large hardwoods with a scattering of pine,
sweetgum thickets, honeysuckle, and berry patches. Then, this was a highly desirable piece of property. A
squirrel hunt or rabbit chase with beagle hounds through the flood plains was "the good old days".
Then came the real estate speculators and finally around 1990, the top soil operators. Since they
bought the property near Fourche Creek for that purpose, they were permitted , over my humble plea to the
city for protection, to build and haul their wares over the most horrible dust road imaginable within 40 feet
of my bedroom windows. The extremely noisy, pollution belching, dump trucks have completely wrecked
my peaceful home and reduced the value of my property to practically nothing. I do not need anymore
undesirable environmental changes like an industrial development within 100 ft. or less of my home.
I would like to see this temporary permitted road, by my house, moved to tie into the city street
through the Green Tree Farm industrial park, which is already developed. This park is only about 200 ft.
from the road by my home, which is now being used by the top soil haulers and tree service people for
disposal of tree cleaning waste. The people who have bought this land, and are completely destroying it,
have no interest in what would be the best land use for Little Rock citizens, they are only interested in what
they can scavenge from it.
It is obvious to me that the most beneficial use for this overall area, including that being used for
top soil, is a natural park. People could go there to relax from the stresses of everyday toil. Such a park
could be developed with many desirable features such as; hiking and bike trails, wildlife observation areas,
wild flower gardens, and other enhancements of natural vegetation. There are also many natural and man
made depressions in the area that could be developed into fishing ponds, where a person could take his
children to fish and enjoy a wholesome, refreshing outing among nature. The State Game and Fish
Commission would probably contribute to the development of such a park in the interest of a wildlife
sanctuary and preservation area. The citizens also may approve an additional tax for such a project. This
would probably be more beneficial to the general city citizen than most any other city park. It will take few
years, but if left alone the area will gradually heal from the abuse it has suffered over the past several years.
Thus, the land use for the entire area should be designated for park use only with only park development,
operational and maintenance structures permitted. Also, the gouging and abuse of the area should be
stopped.
An additional industrial area at the -proposed location seems to be unjustified because there is an
existing such development less than 300 ft. away. It has been developed with paved city streets for 20
years. Currently occupied by two active tenants, a truck terminal and a casket distribution warehouse,
leaving approximately 15 acres of the park available for tenant use.
The undersigned, Mr. Harold E. Wesson and William A. Tully, Jr., respectfully request that our
property be excluded from the proposed land use change, from single family to light industrial. We further
request that all land use changes from single family to light industrial proposed in amendment LU99-15-03
be denied.
Respectively submitted,
William A. Tully, Jr. Harold E. Wesson
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industrial uses and their related facilities. Appro-
priate standards for the various districts are
designed to assure compatibility with other simi-
lar uses. In the city, such factors as loca ' ,
availability of transportation, utilities and other
factors have combined to create a well-established
industrial base. In order to maintain quali
industrial development and to protect the health,
safet andwelfare of the gener lic the spe-
cific purposes of industrial districts are:
(1) To provide sufficient space, at appropriate
locations, to meet the needs of the city's
projected requirements for all types of
distributive, industrial and related activ-
ities,_'with due allowance for the need for
choice of suitable sites.
(2) o ro t distrib ttivu i e, industrial and re-
ated activities, as well as residential and
related activities by providing for thP_Sep'
aration of th s uas; to ensure that ap-
propriate space needs for distributive and
industrial activities are available for pro-
hibiting the use of such space for residen-
tial purposes.
(3) To restrict those industrial activities which
involve danger of fire, explosion, toxic or
noxious matter, radiation, smoke, d!1sJ or
other particulate matter, and other haz-
ards, or to create offensive noise, �z
tr ion, heat, humidity, glare and other ob-
jectionable influences, to areas where this
chapter restricts the emission of such
nuisances, without regard to the indus-
trial products or processes involved.
(4) To protect, industrial activities and re- _
lated developments a&ainst congestion, as
appropriate for each area, by limiting the
bulk of buildings in relation to the ,Lc1
around them and to one another, and by
requiring off-street parking and loading
facilities to be provided with such devel-
opments.
(5) To promote the most desirable use of land
and direction of building development, to
promote stability of industrial and related
development, to strengthen the economic
base of the city to protect the character of
Supp. No. 26 2337
'A
§ 36-319
these districts and their peculiar suitabil-
ity for particular uses, and to conserve the
value of land and buildings.
(Code 1961, Ch. 43, § 7-104(a)) . _
Sec. 36-317. Districts.
The I industrial district is hereby subdivided
into three (3) subordinate districts which are
known as:
(1} I-1 industrial park district.
(2) I-2 light industrial district.
(3) I-3 heavy industrial district.
(Code 1961, Ch. 43, § 7-104(b))
Sec. 36-318. District restrictions.
Unless otherwise specifically provided in this
section, the following restrictions shall apply to
the industrial districts:
O(1) Any lighting visible from outside the site
shall be designed to reflect away from
adjacent residential districts. No noise,
odor or vibration shall be emitted so that
it constitutes a nuisance which substan-
tially exceeds the general level of noise,
odor or vibration emitted by uses adjacent
to or immediately surrounding the site.
Such comparisons shall be made at the
0(2)
boundaries of the site.
Outdoor storage of trash receptacles shall
be at the sides or rear of the site and shall
be totally encircled or screened by a fence,
planting or other suitable visual barrier.
(3) - Landscaping of all vehicular use areas
shall be in compliance with chapter 15,
article IV.
(Code 1961, Ch. 43, § 7-104(c); Ord. No. 15,832, §
la, 4-3-90)
Sec. 36-319. I-1 industrial park district.
(a) Purpose and intent. The I-1 industrial park
district is established to provide for modern, effi-
cient, and well-designed industrial facilities within
a "park -like" setting. As the city's most restrictive
industrial district, the I-1 zone is designed to
conform to high development standards while
providing for a full array of industrial and related
§ 36-319
LITTLE ROCK CODE
uses. This section applies to such district. -The
siting of buildings, parking, landscaping and the
location of this district in relation to adjacent
residential and commercial areas will be of par-
ticular importance in determining the appropri-
ateness of allowing the I-1 district at a given
location. Stringent enclosure, screening and
locational requirements are applied to storage
areas of materials and merchandise. -
(b) Deuelopment criteria. Unless otherwise spe-
cifically provided in this section, the following
development criteria shall apply to this district:
(I) All properties within this district shall be
contiguous and`shall be totally developed
under a unified -site plan submitted to and
approved by the planning commission.
Criteria for submittal of the accompany-
ing site plan shall follow the guidelines
0set forth in this chapter.
(2 Every use, or any part thereof, that is not
conducted within a building completely
enclosed on all sides shall be enclosed
within a wall or fence six (6) feet in
height. Such wall or fence shall com-
pletely screen all operations conducted
within such wall or fence from observa-
tion. No exterior storage area shall en-
croach into any of the required yards.
(3) All buildings shown on the required site
plan shall cover an aggregate area of not
more than fifty (50) percent of such site.
(4) No loading or storage of materials or
products shall be permitted in the re-
LsYxan
dt yard. —
(5) Notwithstanding the yard regulations for
this district, no part of any building or
accessory structure shall be located closer
than one hundred (100) feet to any resit
'-dential district boundar v.
(6) Design provisions for ingress and egress,
service drives, interior circulation shall be
that required by section 31-210 of the
subdivision regulations.
(7) Off -premises outdoor advertising is pro-
hibited.
Supp. No. 26 2338
(c) Use regulations.
(1) Permitted uses.
a.
Ambulance services headquarters
post.
b.
Appliance repair.
C.
Banks and savings and loans.
d.
Building material sales (open).
e.
Bus station or terminal.
f.
Clothing manufacturing.
g.
Contractor or maintenance yard.
h.
Day nursery or day care center.
i.
Eating place with drive-in service.
j.
Eating place without drive-in ser-
vice.
k.
Feed store.
1.
Financial institution (drive-in).
m,
Hauling and storage company.
n.
Home center.
o.
Hotel or motel.
p.
Job printing, lithographer, printing
or blueprinting plant.
Laboratory.
Laboratory manufacturing.
S.
Landscape service.
t.
Laundry, industrial.
U.
Lawn and garden center, enclosed.
v.
Lawn and garden center, open dis-
play.
W.
Light fabrication and assembly pro-
cess.
X.
Miniwarehouse.
y.
Motor freight terminal.
Z.
Office (general and professional).
aa.
Office equipment sales and service.
bb.
Office warehouse.
cc.
Parking, commercial lot or garage.
dd.
Photography studio.
ee.
Plant nursery.
ff.
Plumbing, electrical, heating or air
conditioning shop.
I
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gg.
School, business.
Secondhand store, used furniture or
rummage shop.
ii.
Service station.
jj.
Studio (broadcasting or recording).
kk.
Warehouse and wholesaling.
(2) Conditional uses. Conditional uses are as
follows:
a. Agricultural products processing.
b. Airport or landing field.
c. Cabinet or woodwork shop.
d.-Purniture repair store.
e. Industrial uses not listed (enclosed).
f. Lumberyard.
g. Machine or welding shop.
h. Recycling facility (MRF)
i. Retail uses not listed.
j. School, commercial, trade or craft.
(3) Accessory uses. Accessory uses are as fol-
lows:
a. Sleeping quarters for drivers or crew.
b. Vehicle maintenance or repair.
(d) Height regulations. No building hereafter
erected or structurally altered shall exceed a
height of forty-five (45) feet.
(e) Area regulations.
(1) Front yard. There shall be a front yard
having a depth of not less than seventy
(70) feet.
(2) Side yard. There shall be a side yard on
each side lot line of any building having a
width of not less than thirty (30) feet.
(3) Rear yard. There shall be a rear yard
having a depth of not less than forty (40)
feet from the lot line to the building. In
the case of double frontage lots the rear
yard setback shall be increased to fifty
(50) feet.
ISupp. No. 26 2339
§ 36-320
(4) Lot area regulations. There shall be a
minimum lot area of not less than one (1)
acre.
In addition, there shall be a minimum
tract width of one hundred fifty (150) feet
and a tract depth of not less than two
hundred (200) feet.
(Code 1961, Ch. 43, § 7.104.1; Ord. No. 15,247, § 1,
2-17-87; Ord. No. 15,703, § li, 7-5-89; Ord. No.
15,832, § la, 4-3-90; Ord. No. 16,116, § 1(hh),
(mm), 11-19-91; Ord. No. 16,577, § lk, 1-18-94;
Ord, No. 16,861, § 1(m), 3-21-95; Ord. No. 17,305,
§ 1(f), 11-7-96)
Sec. 36-320. I-2 light industrial district. 1
(a) Purpose and intent. The I-2 light industrial
district is designed to accommodate a wide range
of industrial and related uses which conform to
high development standaw-ds, Industrial establish-
ments of this type may either be located in exten-
sive areas devoted solely to these uses or may
provide a buffer between commercial districts and
other industrial uses which involve more objec-
tionable influences. This section applies to such
district. A primary objective of this district is the
reservation of sufficient land at appropriate loca-
tions to accommodate both present and proposed
needs of the city for industrial development. Res-
idential development is excluded from this dis-
trict, both to protect resi�,-nts from an undasir-
ab_e enyitanzaant and to facilitate ma.)dmum
efficiency of industrial activity. Community facil-
ities and convenience trade establishments which
provide needed services to the industrial uses are
allowed in this district.
(b) Development criteria.
(1) Uses shall be provided entirely within
enclosed buildings. Outdoor storage of
equipment, materials or merchandise, how-
ever, is allowed provided they are screened
by a six-foot opaque barrier, except when
such merchandise consists of airplanes,
automobiles, boats, mobile homes, travel
trailers or motor homes, motorcycles, buses
or trucks or wheeled or tracked industrial
vehicles. In those instances where the
provisions of this section conflict with the
J 36-320 LITTLE ROCK CODE
landscape ordinance or the buffer regula-
cc.
Job printing, lithographer, printing
tions of the zoning ordinance, the land-
or blueprinting plant.
scape ordinance shall apply.
dd.
Laboratory.
(2) The side and rear yard setbacks will be
ee.
Laboratory manufacturing.
iT
adjusted to accommodate those tracts of
ff.
Landscape service.
land provided with rail service.
gg.
Laundry, industrial.
(c) Use regulations.
hh.
Lawn and garden center, enclosed.
(1) Permitted uses. Permitted uses are as
ii.
Lawn and garden center, open dis-
follows:
play.
a. Ambulance service headquarters post.
jj.
Light fabrication and assembly pro -
b. Airport or landing field.
cess.
C. Animal pound or kennel.
kk.
Lumberyard.
d. Appliance Tepair.
11.
Machine or welding shop.
e. Auction—General merchandise.
mm.
Machinery sales and service.
f. Auto auction.
nn.
Miniwarehouse.
g. Auto glass muffler shop.
oo.
Mobile home sales.
h. Automobile, motorcycle display, sales
pp.
Motor freight terminal.
and service.
qq.
Office equipment sales and service.
i. Auto or truck rental and leasing.
rr.
Office (general and professional).
j. Auto parts and accessories.
ss.
Office warehouse.
k. Auto paint or body rebuilding shop.
tt.
Parking (commercial lot or garage).
1. Auto repair garage.
uu.
Photography studio.
m. Banks and savings and loans.
vv.
Plant nursery.
n. Building material sales (open).
ww.
Plumbing, electrical, heating or air
o. Bus or truck storage or garage.
conditioning shop.
p. Bus station or terminal.
xx.
Railroad passenger station.
q. Cabinet or woodworking shop:
yy.
Recycling facility, automated.
r. Car wash.
zz.
Recycling facility (DSFR)
S. Clothing manufacturing.
aaa.
School, business.
t. Contractor or maintenance yard.
bbb.
School, commercial, trade or craft.
U. (Reserved].
ccc.
Secondhand store, used furniture or
V. Day nursery or day care center.
rummage shop.
W. Eating place with drive-in service.
ddd.
Service station
X. Eating place without drive-in ser-
eee.
Small engine repair.
vice.
f .
Studio (broadcasting or recording).
y. Feed store.
ggg.
Swimming pool sales and supply.
Z. Furniture repair store.
hhh.
Taxidermist.
aa. Hauling and storage company.
iii.
Tool and equipment rental (inside).
bb. Home center.
jlj.
Tool and equipment rental (outside).
l
Supp. No. 26 2340
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kkk.
Truck or tractor sales or repair.
Ill.
Warehousing and wholesaling.
mmm. Wood products manufacturing.
(2) Conditional uses. Conditional uses are as
follows:
a:.
Agricultural products processing.
b.
Crematorium.
c.
Hotel or motel.
df'
Industrial uses not listed (enclosed).
Racetrack.
T-)
Recycling facility (MRF) outside.
g.
Retail uses not listed.
h�
Slaughterhouse, closed facility.
i.
Theater (drive-in).
j.
Vpholstery shop, furniture.
k..,
Upholstery shop, auto.
Imo}
Hazardous or medical waste dis-
posal facility.
Tire retreading and recapping.
(3) Accessory uses. Accessory uses are as fol-
lows:
a. Sleeping quarters for drivers or crew.
b. Vehicle maintenance or repair.
(d) Height regulations. No building hereafter
erected or structurally altered shall exceed a
height of forty-five (45) feet.
(e) Area regulations.
(1) Front yard. There shall be a front yard
having a depth of not less than fifty (50)
feet.
(2) Side yard. There shall be a side yard on
each side of the building having a width of
not less than fifteen (15) feet.
(3) Rear yard. There shall be a rear yard
having a depth not less than twenty-five
---- -. (25) feet.
(4)_! Lot area regulations. There shall be a lot
area of not less than fourteen thousand
(14,000) square feet. In addition, there
shall be a lot width of not less than one
hundred (100) feet.
(Code 1961, Ch. 43, § 7.104.2; Ord. No. 15,247, § 1,
2-17-87; Ord. No. 15,553, § li, w, oo, 9-20-88; Ord.
No. 15,703, § lh, 7-5-89; Ord. No. 16,116, § 1(e),
(ii), (nn), 11-19-91; Ord. No. 16,157, § 1, 1-21-92;
Ord. No. 16,437, § 3, 6-9-93; Ord. No. 16,441, § 2,
7-6-93; Ord. No. 16,861, § 1(e), (n), (aa), (gg),
3-21-95; Ord. No. 17,305, § 1(g), (h), (z), (fi), (bbb),
11-7-96)
Supp. No. 26
2341
Sec. 36-321.1-3 industrial distri
§ 36-321
(a) Purpose nd intent. The I-3 eavy indus-
trial district is esigned to accom odate indus-
trial uses which volve potentiall objectionable
uses and hazards and which, the efor, cannot be
reasonably expect d to conform a high level of
performance stan rds, but w ch are essential
to the economic via ility of th city. This section
applies to such dist 'ct. It is a expressed pur-
pose of this district o other u es by locating them
in areas where the ne ative uences have least
impact. The side and ear rd setbacks will be
adjusted to accommod to hose tracts of land
provided with rail servi .
(b) Development criten Unless otherwise spe-
cifically provided for in t section, the following
development criteria shal apply to this district:
(1) Every use that is oted to the collection
storage, salvage, r crapping of automo-
biles, trucks, b se or other self pro-
pelled vehicles s all rovide on all sides of
such operation an e ght (8) foot opaque
wail or fence. a fe ce or wall shall be
constructed of wood r metal so as to
preclude the ssage o light or air.
(2) In addition t the scree ing requirements
of (b)(1) oft s section, 1 uses that stack
or pile the hassis or
dies of vehicles
shall be Ivation
ted to a m 'mum stacking
height ofeen (15) feet t any point on
the prope This measur ment shall be
from theermost point f the stack to
ground el on any si
(c) Use regulations
(1) Permitte uses. The permitte uses in the
I-3 hea industrial district ' dude (ex-
cept fo hotel or motel) those ermitted
uses f nd in the I-1 industrial ark dis-
trict r the I-2 light industria district
toget er with the following:
a. /Agricultural products
b. Bulk storage of highly fla mable
and/or hazardous materials. s use
shall be permitted to be loca d by
right on tracts of land larger than
five (5) acres in area separated om
residential zoned or used property
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