HomeMy WebLinkAboutZ-6144 Staff AnalysisJune 24, 1996
Item No . :
File No—.•
Owner
Address -
Descriptio
n
Zoned•
Variance Re ested:
Justification:
Present Use of Pro ert :
Proposed Use of Pro rty:
Staff Repo -
A. Public Works Comments:
Z-6144
Arkansas State Police
8001 Geyer Springs Road (8301 I-30)
Part of Southwest City Commercial
Subdivision
C-3
A variance is requested from the
height restrictions of Section 36-
201 to permit construction of a 180
foot tall tower.
The height of the tower is
necessary to transmit a signal from
this site to 3701 West Roosevelt
for Public Safety Communications.
Vacant mall building (undergoing
remodeling)
New state headquarters, Arkansas
State Police
Address should be 8301 I-30. No other Public Works issues.
H. Staff Arial sis
The Arkansas State Police are moving their state
headquarters to the C-3 zoned property formerly known as
Southwest City Mall. A large portion of the building is
being renovated to serve the State Police. Communications
entry from this site to the Arkansas State Police statewide
communications network requires a microwave signal from the
new headquarters facility to the Arkansas State Police
microwave tower at 3701 Roosevelt Road. In order to have a
clear microwave signal, a 180 foot tall tower is required at
the I-30 and Geyer Springs location. Section 36-201 limits
the height of metal ground mounted towers to 75 feet.
The proposed tower will be located on the back side of the
building. The tower will be self-supporting and will be of
June 24, 1996
Item No.: A Cant.
"lattice -work" design. The tower is separated from the
residential properties to the south by an asphalt parking
lot that is approximately 200 feet wide at this point.
While it cannot be argued that a 180 foot tall tower is
going to have a visual impact on the City's skyline, it is
important to note that this is a public welfare and safety
issue. The tower height is necessary to the Arkansas State
Police statewide communications network and should be
approved on that basis.
C. Staff Recommen.datlon:
Staff recommends approval of the requested height variance.
BOARD OF ADJUSTMENT:
(MAY 20, 1996)
The applicant was not present. There were no objectors present.
Staff informed the Board that the applicant had requested that
the item be deferred to the June 24, 1996 Board meeting. The
notices had not been sent.
A motion was made to defer the item to the June 24, 1996 Board
meeting. The motion was approved by a vote of 8 ayes, 0 noes and
1 absent.
HOARD OF ADJUSTMENT: (JUNE 24, 1996)
Harold Rice, of Motorola, Inc., was present representing the
application. There was one objector present. Staff presented
the item and a recommendation of approval.
Mr. Rice offered no additional comments at that point.
Richard Donovan, an attorney representing Harvest Foods,
addressed the Board in opposition to the item. He stated that
there were restrictive covenants which do not allow the Arkansas
State Police to use the property. Those covenants limit the use
of the property to commercial/retail and specifically restrict
the use of the property as offices. He stated that the Teacher's
Retirement System, owner of the land, was aware of those
covenants. Mr. Donovan stated that a lawsuit had been filed and
a temporary restraining order requested to stop construction of
the state police headquarters. He stated that a court of law
would have to determine the enforceability of those restrictive
covenants. Mr. Donovan told the Board that acting on the height
variance for the tower was premature when the entire project's
feasibility was in doubt.
Charlie Withrow asked if Harvest Foods owned the site where their
store is located. Mr. Donovan responded that Harvest Foods was
2
June 24, 1996
Item No.: A Cont.
leasing the property but that he represented both Harvest Foods
and the property owner.
In response to a question from Vivian Doyne, Mr. Donovan stated
that the Board should not act on the height variance until
Pulaski County Chancery Court hears the case regarding the
restrictive covenants.
Vivian Doyne asked how long the portion of the building now being
occupied by the State Police had been empty. Mr. Donovan
responded that it had been vacant since December 1995.
In response to a question from Charlie Withrow, Mr. Donovan
stated that the State Police would occupy the entire building
with the exception of the area now occupied by Harvest Foods and
one other store, Holiday Fashions.
Assistant City Attorney Cindy Dawson told the Board that the
issue of restrictive covenants was a private contractual matter
and that the Board was looking at a variance from the City Code.
During the ensuing discussion, the Board determined that the
restrictive covenant matter was a private issue to be resolved by
the two parties and should not affect the Board's decision.
A motion was made to approve the requested height variance. The
motion was approved by a vote of 6 ayes, 0 noes, 2 absent and
1 abstaining (Brandon).
M