HomeMy WebLinkAboutZ-4807-S Action Letter - Approved as Filed 102821Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Tim Daters
White-Daters & Associates. Inc.
24 Rahling Circle
Little Rock, AR 72223
Date: 10/28/2021
Dear Mr. Daters:
File No. Z-4807-5
Location: 800 N. Kirk Road
Planning
Development
Building Codes
Issue: Building Height Provisions
This is to advise you that in connection with your application, File No. Z-4807-S , the following action
was taken by the Board of Adjustment at its meeting on _October 21, 2M :
(a) X Approved the application as filed.
(b) Approved the application with conditions.
(c) Denied the application.
(d) Deferred the application to the meeting.
(e) Withdrew the application.
(f) See attached Board of Adjustment minute record for conditions.
(g) Other:
If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of
work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted
by the Board. Otherwise, the Board's approval of the application shall be considered void.
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have questions, please call me at (501)371-4864.
Sincerely,
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D. Tracy Spil ari, Plans Development Administrator
DTS/vh
OCTOBER 21, 2021
ITEM NO.: 2
File No.:
Owner:
Applicant:
Address:
Legal Description-
Z-4807-
Z-4807-S
Wellington Kirk LLC
White-Daters & Associates, Inc.,
Attn: Tim Daters
800 N. Kirk Rd
Part of the NE % and part of the SE % SE '/4. Section 36, T-2-N,
R-14W, Pulaski County Arkansas
Zoned: C-3
Variance Requested: A variance is requested from the building height provisions
of Section 36-301 to permit primary structures to exceed the
maximum of thirty-five (35) feet in height as allowable on
commercial zoned property zoned property.
Justification: The applicant's justification is presented as per the attached
letter dated August 23, 2021.
Present Use: Undeveloped
Proposed Use: Multi -Family Development
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comment
B. Buffering and Land sca a Comments:
1. Any new site development must comply with the City's minimal landscape and
buffer ordinance requirements and the Chenal Overlay District.
2. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C. Buildinq Codes Comments.
No Comment.
D. Staff Analysis:
The C-3 zoned property located at the southeast corner of Kirk Road and Wellington
Hills Road is shown to be is 17.8 acres in area. The property is mostly
1
OCTOBER 21, 2021
ITEM NO.: 2 CON'T. Z-4807-S
open space with a pond located on the western edge and mature trees and
vegetation on the southeast portion of the site. The nearest neighboring properties
are zoned POD, PD-C, C-3, MF-18, and R-2 CUP. These adjacent developments
are made up of office buildings, a storage facility, apartments, a church, and
restaurants and retail businesses that front Chenal Parkway.
The applicant proposes to construct a ten building multi -family development with a
clubhouse, pool, pickleball, picnic area, and walking trails as per R-5 guidelines
which is allowable on this PCD zoned property. The site plan that has been
submitted indicates nine (9) three-story buildings and one (1) four-story complex.
The sections provided for both building types indicate heights that exceed the 35-
foot maximum as allowed in a R-5 district. The (3) story buildings are indicated be a
maximum 39-feet 5-inches while the 4-story building (3-story with basement) is
shown to be 49-feet 11-inches at mid eve.
The applicant has stated that this type of structure will reduce the area exposed to
the retaining wall required on the site, allow preservation of the existing pond,
decrease the building coverage, and allow increased areas of open space and
landscaping,
Section 36-301(d) states, "No building hereafter erected or structurally altered shall
exceed a height of thirty-five (35) feet." The applicant is requesting a variance to
allow for the proposed three (3) story buildings allowed to be a maximum 39-feet 5-
inches height at mid eve and the four (4) story building to be a maximum of 49-feet
11-inches at mid eve.
Staff is supportive of the thirty-five (35) foot height variances. The proposed building
will not be out of character with many other multifamily buildings throughout the
Chenal area. Staff has supported similar height variances in West Little Rock in the
past. Staff believes that the proposed height of the new building will have no adverse
impact on the adjacent properties or the general area.
E. Staff Recommendation:
Staff recommends approval of the requested variance to exceed the thirty-five (35)
foot height maximum typically permitted in C-3 zoning and to allow a building
height not to exceed fifty (50) feet.
Board of Adjustment (October 21, 2021)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "Staff Recommendation". There
was no further discussion.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 5 ayes, 0 nays and 0 absent.
E