HomeMy WebLinkAboutZ-4413-B ApplicationMrs. B. Bernadette Bettard
March 4, 1985
Page 2
ITEM NUMBER DESCRIPTION
Z -4413-A Rudy's Farm Company, 34th & Polk Sts.
This proposal calls for relocation of several existing sewer
lines. We have not yet seen detailed plans for this proposal.
Until we have an opportunity to review these plans, we will
withold comment.
Should you have any questions about our response to these agenda items,
please let us know.
Sincerely,
LITTLE ROCK WASTEWATER UTILITY
Fred Schlegel, P.E.
Staff Engineer
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Zoning Case File No. Z- '-
at Commission Meeting docketed for: , rL��� /`Z. 19 5- at p.m.
Application is hereby ma.da to the Little Rock Planning Commission pursuant to Act 186 of
1957, Acts of Arkansas as amended, and Chapter 43 of the Little Rock Code of Ordinances,
as amended, requesting a Conditional Use Permit on the following property:
Address: 1�
General Location:,
Legal Description
b o S ,tea/ /L
419 ra��.c 5
Title to this property is vested in: (u� G. ��`•
(Address)
Subject property is presently zoned: L ' 7— 4- /7 7- '�
(Telephone)
A Conditional Use Permit is requested to allow use of the property for:
There (are)are.not private restrictions pertaining to the proposed use.
It is hereby agreed that the required filing fee will be paid immediately and the posting
of the sign furnished will be accomplished as required. /��
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Applicant (owner or authorized agent):zz�zl'e', '4
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(Name)011-
Telephone : ��f ' 30 Z
Address: z p
Planning Commission approved: ..f- �
Conditions of Approval: j ^�
Board of Directors approved:
Ordinance Number:j��
Conditions of Approval: �`'�� - c.
HENRY AND DUCKETT-- -
ATTORNEYS AT LAW
SUITE 411
221 WEST SECOND
DAVID P. HENRY LITTLE JMCK, ARKANSAS 72201
JAMES M DUCKETT (501) 375-3022
RICHARD L. LAWRENCE
STEPHEN L. CURRY
JANET M HARDIN
February 25, 1985
Mr. Richard Wood
Office of Comprehensive Planning
Little Rock City Hall
Little Rock, AR 72201
Re: Z-4413 and Z -4413A
Dear Richard:
The purpose of this letter is to request an interpretation of
the Board of Adjustment of certain provisions of the Little Rock
Zoning Ordinance. As I understand it, Article III, Section C
(1)(a) of the zoning ordinance grants the Board of Adjustment the
power to make interpretations of the provisions of the zoning
ordinance.
As you know, I have filed the captioned applications on behalf
of Rudy's Farm Co. and some question exists as to the appropriate
zoning classification for the contemplated use. Specifically,
Article II, Section 2-102(B) sets forth the definition of uses.
Subparagraph (7) and subparagraph (130) of the definition of uses
are at issue. Arguably, the proposed use could fit either defini-
tion.
The problem is presented by the fact that (B)(7), Agricultural
Foods Processing, requires a conditional use permit in an "I-2"
zone, while (B)(130), Tanning and Rendering requires a conditional
use permit in an 11I-3" zone. Of course, the captioned applica-
tions are for a conditional use permit in an "I-3" zone out of an
abundance of caution in order to insure that the applicant's
intended use is permitted if said applications are approved.
However, more than half of the subject property is already
zoned I-2 and only the remaining portion of the property would
need to be rezoned if the proposed use is defined as Agricultural
Foods Processing under subparagraph (B)(7) of the definition of
uses. In my judgment, the Tanning and Rendering use definition
under subparagraph (B)(130) would not apply to the proposed use
since no tanning or rendering is contemplated on the subject pro-
perty, even though the definition of tanning and rendering inclu-
des the use of the word slaughtering, which is contemplated.
I am attaching a copy of my letter of February 14, 1985, to
the Planning Commission and staff which describes the proposed use
of the property in more detail.
As per our earlier conversations, it is my understanding that
the matter can be heard by the Board of Adjustment during its
regular March 18, 1985 meeting.
If there are any questions or if I might be of any assistance
J in resolving this issue, please don't hesitate to advise.
I
DPH/srp
Sincerely,
HENRY & DUCKETT
�tFL_David P. Henry
DAVID P. HENRY
JAMES M DUCKETT
RICHARD L. LAWRENCE
STEPHEN L. CURRY
JANET M HARDIN
February 14, 1985
HENRY AND DUCKETT
ATTORNEYS AT LAW
SUITE 411
221 WEST SECOND
LITTLE 1?0('K, ARKANSAS 72201
Little Rock Planning Commission
c/o Office of Comprehensive Planning
Little Rock City Hall
Little Rock, AR 72201
Re: Z-4413 and Z -4413A
Dear Commissioners and Staff:
The purpose of this letter is to
contemplated by the applicant in the
cant is Rudy's Farm Co., which is
Foods Company.
(501) 375-3022
outline the basic operation
captioned cases. The appli-
a subsidiary of Consolidated
Rudy's Farm Co. is now located in the 55th Industrial Park in
an I-2 zone. It's current location will not permit needed expan-
sion due to the development of adjoining properties. The proposed
new location has been the sight of Quality Foods which has housed
a similar operation, with the exception that carcasses are shipped
in to Quality Foods and no actual slaughtering has taken place on
the proposed sight.
Of course, Rudy's Farm Co. contemplates slaughtering and,
therefore, request an I-3 zone of Lots 4, 5, 8 and. 9 of Ruebel and
Leymer's Addition along with a conditional use permit in order to
close its purchase of the subject property and make the antici-
pated move. The applicant maintains that its operation is an
agricultural foods processing use which is a conditional use in
the I-2 zone, but because slaughtering is contemplated, some
question exists in the interpretation of the ordinance as to
whether, by definition, the contemplated use is tanning and ren-
dering which requires a conditional use permit in the 1-3 zone.
Commensurate with this application, the applicant is requesting an
interpretation from the Board of Adjustment as to this issue.
In order to be perfectly clear on the subject, no tanning and
no rendering will take place at the proposed use.
The livestock will reach the sight via Polk Street; then west
on 35th Street to a fully enclosed receiving area. No livestock
will be held any longer than is required to permit
t t After processing all by-products will be shipped
and rendering facility in Russellville, Arkansas. Meat processing.
Meat remaining
on the site will be sliced and/or cooked and sent toshipping no
later than the day following the slaughter operation. All plant
trash consisting of paper, plastic and cardboard, etc., will be
taken to outside dumpsters throughout the day and these dumpsters
will unloaded at least once a day and on occasion tw
depending on need. ice a day,
In addition to using the existing buildings on the proposed
site, the applicant proposes to construct a 150 on
he pr foot
processing facility, a 50 foot by 120 foot receiving facility and
a 60 foot by 120 foot shipping facility. Additionally, existing 26 by 101, one and one-half story building wyll the
enlarged to approximately twice its size to accomodate the appli-
cant's bakery operation. All structures will be in keeping with
U.S.D.A. requirements and will be constructed of pre -stressed
concrete. The entire operation from beginning
enclosed and under roof. to end will be
Upon approval of the zoning and conditional use applications,
is it contemplated that the applicant will petition the City for
the closing of Taylor Street between West 33rd Street and West
35th Street. West 34th in this area has already been closed by
the previous owner and the applicant owns both sides of Taylor
Street or the area which is contemplated to be closed. Taylor
Street ends, as it now exists, at the south end of the subject
property.
Obviously, at the time of the development of zoning use cate-
gories, slaughtering operations were not considered desirable
neighbors. However, modern operations of this t
ype little
noise, odor or other detrimental environmentalferimpact.
Consequently, an excellent case can and will be made for the pro-
position that the proposed use is well
location offers an excellent development placed and the proposed
fore underdeveloped and undeveloped pPortunity for hereto-
fore
properties.
If you have any questions or if I might be of further
assistance, please don't hesitate to advise. g
Sincerely,
HENRY & DUCKETT
David P. Henry
DPH/srp