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HomeMy WebLinkAboutZ-8246-C Application��� CiR��� r �11l11li!llll����l�iill�ll�III�II 2017074992 11+`'.►��,1►1 s 1 11111,,�� fr,J�f 11`` y V a o7 G PRESEt'7TEO:11-27.201710:02:Q2AM RECORDED:11-27-201710:07.17Ah7 In Official Records of Larry Crane CircuiUCounty Clerk 1n i 1: = ORDINANCE NO.21,509 PULASKI CO, AR FEE $20.00 2UNTY 3 ►►.""""' ` `ORDINANCE TO RECLASSIFY PROPERTY LOCATED IN THE 4 CITY OF LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL 5 ZONING MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; AND 6 FOR OTHER PURPOSES. 7 8 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, 9 ARKANSAS. 10 Section 1. That the zone classification of the following property be and is hereby changed as 11 indicated: 12 Z-8246-C: Described as the north 203 feet of the east 100 feet of Lot 9B, Triangle 13 Properties Industrial District, now in the City of Little Rock, Pulaski County, 14 Arkansas, as shown by Plat thereof recorded as Plat No. A-77, records of Pulaski 15 County, Arkansas, now platted as Lot 9D, Triangle Properties Industrial District as 16 shown on plat thereof recorded as Plat No. A-883, records of Pulaski County, 17 Arkansas, more particularly described as follows: Part of Lot 9-B Triangle 18 Properties Industrial District located in the West V2 Southeast 1/4, Section 35, 19 Township 1 North, Range 13 West, Little Rock, Pulaski County, Arkansas, being 20 more particularly described as follows: Starting at the northeast comer of the 21 Northeast 1/, Southeast %, Section 35, Township 1 North, Range 13 West, Pulaski 22 County, Arkansas; thence North 01 degree 31 minutes 20 seconds East 40.0 feet; 23 thence South 62 degrees 36 minutes West 2042.2 feet to the northeast corner of Lot 24 9-11, Triangle Properties Industrial District, said northeast corner being the point of 25 beginning of the herein described property, thence South 27 degrees 24 minutes 26 East (actually South 27 degrees 22 minutes East) along the east line of said Lot 9-B, 27 203.0 feet; thence South 62 degrees 36 minutes West 100.0 feet; thence North 27 28 degrees 24 minutes West (actually North 27 degrees 22 minutes West) 203.0 feet 29 along a line parallel with the east line of said Lot 9-B, to a point on the North line of 30 said Lot 9-B, thence North 62 degrees 36 minutes East along the North line of said 31 Lot 9-B for 100.0 feet to the point of beginning: From C-3, General Commercial 32 District, to C-4, Open Display District. (9601 Interstate 30) 33 Section 2. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little 34 Rock and Designated District Map be and is hereby amended to the extent and in the respects necessary to 35 affect and designate the change provided for in Section 1 hereof. [Page 1 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. Section 4. Repealer. All laws, ordinances; resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: November 21, 2017 SteLIIN, City Clerk AP S TO LEGAL FORM: Thomas M. Carpenter, City At* torn // // // // // // // // // // // // // // // // APPROVED: Mark Stodola, (Page 2 of 21 OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION Subject Ordinance rezoning property located at 9601 Interstate 30 from "C-3" to "C-4". (Z- 8246-C) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND NOVEMBER 21, 2017 AGENDA Action Required Ordinance Resolution Approval Information Report Approved By Bruce Moore City Manager The owners of 0.466 acre property located at 9601 Interstate 30 are requesting that the zoning be reclassified from "C-3" to "C-4". I None Approval of the Ordinance David and Cindy Galindo, owners of the 0.466 acre property located at 9601 Interstate 30, are requesting to rezone the property from "C-3" General Commercial District to "C-4" Open Display District. The property is located on the south side of Interstate 30, east of Production Drive. The rezoning is proposed to allow use of the property as an auto sales business. The property is occupied by a one-story commercial building located along the east property line. A metal awning structure is located at the southeast corner of the property. Paved parking is located on the north, south and west sides of the commercial building. An access driveway from the Interstate 30 frontage road is located near the center of the property along the front (north) property line. BACKGROUND CONTINUED The property is located in an area of mixed commercial and industrial uses and zoning. A motel and night club are located immediately east of the site, with a mixture of commercial and light industrial uses to the west. Mixed commercial and light industrial uses are located to the north, across Interstate 30. Industrial zoned properties are located to the south. The City's Future Land Use Plan designates this property as Commercial (C). The proposed C-4 zoning does not require an amendment to the future plan. Staff is supportive of the requested rezoning. Staff views the request as reasonable. As noted previously, the property is located within an area of mixed light industrial and commercial uses and zoning. The property was previously zoned light industrial, prior to its current C-3 zoning. The requested C-4 zoning will be consistent with the existing zoning pattern for this general area along Interstate 30. The proposed zoning and use of the property will be compatible with the surrounding uses, and should have no adverse impact on the adjacent properties or the general area. The Planning Commission reviewed this issue at its October 26, 2017 meeting. There were no objectors present. All owners of property located within 200 feet of the site and the Town and Country and SWLR United for Progress Neighborhood Associations were notified of the public hearing. The Commission voted, as part of the Consent Agenda, to recommend approved of the rezoning. The vote was 11 ayes, 0 nays and 0 absent. 2 1 ORDINANCE NO. 2 3 AN ORDINANCE RECLASSIFYING PROPERTY 4 LOCATED IN THE CITY OF LITTLE ROCK, 5 ARKANSAS, AMENDING THE OFFICIAL ZONING MAP 6 OF THE CITY OF LITTLE ROCK, ARKANSAS; AND 7 FOR OTHER PURPOSES. 8 9 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 10 OF LITTLE ROCK, ARKANSAS. 11 12 Section 1. That the zone classification of the following property be and is 13 hereby changed as indicated: 14 15 Z-8246-C — Described as the North 203 feet of the East 100 feet 16 of Lot 9B, Triangle Properties Industrial District, now in the 17 City of Little Rock, Pulaski County, Arkansas, as shown by 18 Plat thereof recorded as Plat No. A-77, records of Pulaski 19 County, Arkansas, now platted as Lot 91), Triangle Properties 20 Industrial District as shown on plat thereof recorded as Plat 21 No. A-883, records of Pulaski County, Arkansas, more 22 particularly described as follows: Part of Lot 9-B Triangle 23 Properties Industrial District located in the West 1/2 Southeast 24 1/4, Section 35, Township 1 North, Range 13 West, Little Rock, 25 Pulaski County, Arkansas, being more particularly described 26 as follows: Starting at the Northeast comer of the Northeast 1/4, 27 Southeast 1/4, Section 35, Township 1 North, Range 13 West, 28 Pulaski County, Arkansas; thence North 01 degree 31 minutes 29 20 seconds East 40.0 feet; thence South 62 degrees 36 minutes 30 West 2042.2 feet to the Northeast corner of Lot 9-B, Triangle 31 Properties Industrial District, said Northeast corner being the Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 point of beginning of the herein described property, thence South 27 degrees 24 minutes East (actually South 27 degrees 22 minutes East) along the East line of said Lot 9-13, 203.0 feet; thence South 62 degrees 36 minutes West 100.0 feet; thence North 27 degrees 24 minutes West (actually North 27 degrees 22 minutes West) 203.0 feet along a line parallel with the East line of said Lot 9-13, to a point on the North line of said Lot 9-13, thence North 62 degrees 36 minutes East along the North line of said Lot 9-13 for 100.0 feet to the point of beginning: From "C-3" General Commercial District to "C-4" Open Display District. (9601 Interstate 30) Section 2. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. Section 3. That the Ordinance shall take effect and be in full force 30 days after the date of its passage and approval. Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney H H APPROVED: Mayor Page 3 of 3 City of Little Rock Planning and Development Filing Fees Date e-7,4 , 20 I -7 Annexation Board of Adjustment Cond Use Permit/T UP Final Plat Planned Unit Dev Preliminary Plat Special Use Permit Rezoning Site Plans Sti eet Name Change Street Name Signs Number at Public Hearing Signs - Number ( at -> ea ea Total $ SEP 22017 $ CITY OF LITTLE ROCK $ $ 6c) File No� Location Applicant By Land Use Plan City of Little Rock Planning & Development Case: Z-8246-C Location: 9601 1-30 Ward: 7 N PD: 15 CT:41.03 0 110 220 TRS: TIN R13W 36 Feet Area Zoning City of Little Rock Planning & Development A d i Case: Z-8246-C Location: 9601 1-30 Ward: 7 N PD: 15 CT:41.03 0 110 220 TRS: T1 N R13W 35 Feet City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision Daniel and Cindy Galindo Re: Case No. Z-8246-C 1648 Salem Road Location: 9601 Interstate 30 Benton, AR 72019 Date: November 2, 2017 Dear Mr. and Mrs. Galindo: This is to advise you that in connection with your application for a change in zoning from C-3 District to C-4 District, the following action was taken by the Planning Commission at its meeting on October 26, 2017. (a) X (b) (c) (d) (e) (f) Recommended approval as applied for. Denied your request as submitted. Deferred to Recommended approval of Denied _ Other: Meeting. as amended. as amended. This item will be forwarded to the Board of Directors for final action. This date is tentatively set for November 21, 2017. The meeting begins at 6:00 p.m. and is held in the Little Rock Board of Directors Chambers, 500 West Markham, 2nd floor — City Hall. You or your representative must be present at this meeting. If you have any questions, please do not hesitate to contact me at 371-4792. Sincerely, Monte Moore, Zoning and Code Enforcement Administrator Department of Planning and Development MM:aa City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 1, 2017 Daniel and Cindy Galindo 1648 Salem Road Benton, AR 72019 RE: Rezoning from C-3 to C-4 (Z-8246-C); 9601 Interstate 30 Dear Mr. and Mrs. Galindo: Planning Zoning and Subdivision Enclosed please find a copy of the Ordinance passed by the Board of Directors on November 21, 2017, which rezoned the above referenced property as approved by the Planning Commission at their October 26, 2017 Public Hearing. If you have any questions concerning this Ordinance, please call me at 371-4792. Sincerely, Monte Moore Zoning and Code Enforcement Administrator MM:aa tik Date City of Littie Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 September 20, 2017 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR USE CHANGE OR DEVELOPMENT OF LAND TO: Town and CountLy Neighborhood Association ATTENTION: CoKy Wainwright ADDRESS: 8515 Edwina Drive Little Rock. AR REQUEST: To rezone 0.466 acre from "C-3" General Commercial District to "C-4" Open Dis la District. Z-8246-C GENERAL LOCATION OR ADDRESS: 9601 Interstate 30 OWNED BY: ,Danny and Cindy Galindo Planning Zoning and Subdivision NOTICE IS HEREBY GIVEN THAT an application for Rezoning for the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on October 26, 2017 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Date: September 20, 2017 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR USE CHANGE OR DEVELOPMENT OF LAND TO: SWLR United for Progress ATTENTION: Pam Adcock ADDRESS: 6602 Baseline Road, Suite E _ Little Rock, AR 72209 REQUEST: To rezone 0.466 acre from "C-3" General Commercial District to "C-4" Open Display District. (Z-8246-C) GENERAL LOCATION OR ADDRESS: 9601 Interstate 30 OWNED BY: Danny and Cindy Galindo NOTICE IS HEREBY GIVEN THAT an application for Rezoning for the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on October 26, 2017 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. �e e ✓ S/ dw rezon.doc 03/01/10 APPLICATION FOR REZONING ZONING CASE FILE NO. Z- 6 " PLANNING COMMISSION MEETING DOCKETED FOR r 6 Z2 AT P.M. Application is hereby made to the Little Rock Board of Directors, through the Planning Commission, pursuant to the provisions of Act 186 of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Ark. Rev. Code (1988), as amended, petitioning to rezone the following described area: °Dual --T-- 3d L_,�i.Ie. 9 i Pl?,o: 72-2-09 46 et� Title to this property is vested in: 1)A h L' 4 L : J+'4 If an individual other than the title-holder riles this application, attachment of a letter is required authorizing this person to act on behalf of the title-holder. The subject property is / is not currently covered by a Bill of Assurance. County Recorder Instrument No. It is desired that the boundaries shown on the District Map be amended and that this area be reclassified from the present 20h 9 - District to ZrrK e District. -� ' t s s Q�i e i'v, sa l I Present use of property S,-' C' C P o1 i Proposed use of property P S It is understood that notice of the public hearing hereon must be sent to owners of properties which lie within 200 feet of the subject property in accordance with the requirements set forth in the instructions given with this application. It is further understood that the cost of such notice is borne by the applicant_ 1 . 1, 3>4 yr i r nego D '! ' i h G acting as owner/agent for this application, certify that the subjett property does / does not contain uses / structures that are certifiable as nonconforming within the definition section of the City of Little Rock Zoning Ordinance. Nonconforming land use status has been explained to me and I understand that false statements by me may be cause for revocation of the rezoning ordinance. A Y7 APPLICANT/OWNER: MAILING ADDRESS: q q.S q /Loik FILING FEE: _72-0 ,L Y- - 2- 2 s^_ d v P OMM7 wrN ACTION: APPROVE D DATE: b af9 TELEPHONE: '5M1- 3�[Q- ICU 6 BOARD F DEi 4I O sS' ACTION: PPROVEIltV/ D DATE: 11 ORDINANCE: ra ❑ CUMENTING OFFICIAL SIGNATURE rezon.doc 03/01/10 CASE NO. Z- DATE -III—I17 STREET RIGHT-OF-WAY AGREEMENT MOL LOCATION/ADDRESS q b 6( -L 3 0 1Q/1�- //7 I� �I •��f do hereb agree isagree to dedicate to the public nee_gA 'ght-of-wM as required by the Master Street Plan or a public street abutting property on am I, ! i! U , agree/disagree to provide at my expense an e• ment dee an of ie or r documents as necessary conveying such right-of-way to the public. r APPLICANTIOWNER DATE (IF THE ABOVE SIGNATURE EPRESENTS AN APPLICANT OTHER THAN THE TITLE- HOLDER, ATTACHMENT OF A LETTER IS REQUIRED AUTHORIZING THIS PERSON TO ACT IN BEHALF OF THE TITLE-HOLDER.) rezon.doc NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO REZONE PROPERTY To all owners of land lying within 200 feet of the boundary of property at: LOCATION: l / �Z 3o OWNED BY: "'A U 0- 03/01/10 NOTICE IS HEREBY GIVEN THAT an application has been filed for rezoning of the above property requesting a change of zone classification from: 6. - you/, A Wn 1s 77t•:n 4-P i1i -E District which permits use of the property as: Ri= %fit O� G/ Sl lelr Aj - e Cf�J/y70fi lLr l� A Af/ O //+ S lle� AGN to: C_ —Gf f District which permits use of the property as: e lv , r�x e ��� r� ,r,4 z-z s If approved, the rezoning will occur only upon the property described above. It will not change the zoning or vermimed uses on neighboring properties. The purpose of this request is to: (1) build; (2) develop; (3) sell after rezoning. EXPLANATION: A Ore A, G Icy A- le 3 i 3 7;/X l 3IIS.,ej-S A public hearing on said application will be held by the Little Rock Planning Commission in the Board of Directors Chamber, 2nd Floor, City Hall, 500 W. Markham, Little Rock, Arkansas, on: 1 % at 4) p.m. All parties in interest may appear and be heard at said time and place or may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham, 3714790, and to review the application and discuss same with the Planning staff. AFFIDAVIT 9 / I hereby certify that I I d. ry +' e / Ci,� 1�0 Print or type naAie acting as agentdowner, have provided notice to affected parties in accordance with the requirements of the Planning Commission Bylaws and that the notice information provided is to the best of my knowledge true and factual. (Name) (Date) LI TTLE ROC K AS 72209 $3.35 0 F—An sardlmo ;r Z41 lue Wam C] Rdurn R—ipt (hurd-py) (Olucucn(G) Ell"!'M shi-l— r"Clulne-'s S 5ig—turein . Lsucted Dt,[v.. y S— so. tg ToW Fo09/26/2017 -unip one U. W. W. --7 a VIRUNIAIENCRY VA 23451 9 Cvrfiflicd Ma Fee $3.35 0315 3 S $2 :75 03 O�r-a-�,r.- F(hi:S(qlrCCkb--I RCSWn 3 E3 RLt.rn R ... ipt (elellonip) Postmark 3 Rau.,at, 00jivery S Here 3 IjAckflt 81Snoluu Regiirad F$ w3vaed Delivery 3 Postago $0.49 09/26/2017 total Poslcpga and Fees- $6.59 ii Pej A Ai , J- Er M LLE- NORT14I TT [CM3 ro 0315 Ira cea&ro&59chReattrxakirvery�y 03 r=1 0 R.lum Rec-lPt (h.,,Impy) ❑ Roturr. 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Following is a list of apparent owners of property within 200 feet of the perimeter of the above described property as reflected by the records of the Real Estate Records of Pulaski County, Arkansas: (D Gene Pfeifer Revocable Trust, 16623 Cantrell Road, Suite 2A, Little Rock, AR, 72223. 0. Chandani Hospitality Inc., C/O Newtek Bus Service Inc., 60 Hempstead Ave, 2nd Floor, West Hempstead, NY, 11552, Ark Copier Center, Inc., 9621 Interstate 30, Little Rock, AR, 72209. Joe Edd and Jane Ray Hawkins, 11 Lakewood Drive, North Little Rock, AR, 72116. �5 Warner P. Athey, 2161 Vista Circle, Virginia Beach, VA, 23451. This Ownership/Zone Search is intended for the exclusive use of the addressee for informational purposes only. Lenders Title Company is not expressing or attempting to express an opinion as to the validity of the title to the above described property or property noted as being within 200 feet thereof (collectively referred to as "the property"), the accuracy of the addresses, nor as to the validity of any interests or encumbrances, both recorded and unrecorded, that pertain to the property. While Lenders Title Company believes that the information stated above is accurate, no assurances are made nor is any liability assumed by Lenders Title Company for any incorrect information stated herein or omitted herefrom. For assurances as to the title to the property, addressee should obtain a title insurance commitment/policy. LTC - Ownership Zone Seerch.rtf 1 of 2 Sincerely, Lenders Title Company Arkansas License No, IA-82 By Title gent License Number; 1 1 0 464 83 18T82 j 3 f P R 18 F;i 4 15 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, Warner P. Athey is the sole owner of the following described lands lying in the County of Pulaski, State of Arkansas, to wit: See Exhibit "A" attached hereto AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots, blocks, tracts, and streets; NOW THEREFORE WITNESSETH: THAT I, the said Warner P. Athey hereinafter termed gran- tor, have caused said tract of land to be surveyed by William Finley Williams, a Registered Professional Engineer and Registered Land Surveyor, and a plat thereof made which is iden- tified by the title Final Plat of Lots 9D and 9E, Triangle Properties Industrial District" and the date of February 8, 1983, and by the signature of the Circuit Clerk and ex-officciO Recorder of Pulaski County, Arkansas, in Plat Book _-lh-- page Upja and the grantor does hereby make this Bill of Assurance. AND, the grantor hereby certifies that he has laid off, plat- ted and subdivided, and does hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as Lots 9D and 9Er Triangle Properties Industrial District. The grantor hereby dedicates to the public forever an ease- ment of way on and over the streets as shown by said plat, to be used as public streets. There are strips of ground shown and dimensioned on said plat marked "Utility Easement" and "Drainage Easement" reserved for the use of public utilities, and for drainage purposes respec- tivelyr subject at all times to the proper authorities and to I 46s delivery and dedication of the streets and easements shown on the said plat. Hereafter, conveyance and description of any of said lands by lot number as shown on said plat, shall be a proper and sufficient description thereof. The lots in said suhdivision shall be sold uy the grantors and shall be purchased by the buyers thereof, subject to the following covenants, to wit: 1. No, lot shall be re -subdivided into nor shall any dwelling be erected or placed on any lot or building site having a width of less than 60 feet at the building line or an area of less than 6,000 square feet. 2. No building or fence is to be constructed on any lot nearer than the building line noted c.)n said plat. The following front yard, rear yard, and side yard provisions shall be required for the following usage of property: a. Residential U^e. The front yard setback shall be 25 feet, the rear yard shall be 25 feet, the side yard setback shall be, for the main structure, 10 percent of the average width of the lot provided such side yard need not exceed 8 feet in width, and accessory structur s related to residential use shall be located at least 60 feet from the front property line, and may be placed no less than 5 feet from the side lot line. b. Commercial Use. A front setback of 40 feet is required. A riar yard setback of 25 feet is required. There shall be no requirements for side yard setbacks for commercial use. C. Industrial Use. A front yard setback of 40 feet is required. The building line shall be a minimum of 10 feet from all other property lines. 3. No buildings, fences, incinerators, paved driveways, or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, shall be built or main- ta reed within the area of any of the easements shown on the plat, AI _�i -`'_'!SC°.eq�'1:c'�"r-,�. " -.-�� �-.rr-�� - -•�-f : 1:�,wrcroY• -- . .__ _�. y` 7 delivery and dedication of the streets and easements shown on the said plat. Hereafter, conveyance and description of any of said lands by lot number as shown on said plat, shall be a proper and sufficient description thereof. The lots in said suhdivision shall be sold oy the grantors and shall be purchased by the buyers thereof, subject to the following covenants, to wit: 1. No. lot shall be re -subdivided into nor shall any dwelling be erected or placed on any lot or building site having a width of less than 60 feet at the building line or an area of less than 6,000 square feet. 2. No building or fence is to be constructed on any lot nearer than the building line noted un said plat. The following front yard, rear yard, and side yard provisions shall be required for the following usage of property: a. Residential Uie. The front yard setback shall be 25 feet, the rear yard shall be 25 feet, the side yard setback shall be, for the main structure, 10 percent of the average width of the lot provided such side yard need not exceed 8 feet in width, and accessory structur s related to residential use shall be located at least 60 feet from the front property line, and may be placed no less than 5 feet from the side lot line. b. Commercial Use. A front setback of 40 feet is required. A r^ar yard setback of 25 feet is required. There shall be no requirements for side yard setbacks for commercial use. c'. Industrial Use. A front yard setback of 40 feet is required. The building line shall be a minimum of 10 feet from all other property lines. 3. No buildings, fences, incinerators, paved driveways, or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, shall be built or main- ta°ned within the area of any of the easements shown on the plat, 4 il :ass and in the event any such obstruction is placed thereon in viola- tion of this restriction and reservation; no utility and/or public agent will be laible for destruction of same in constructing and maintaining its facilities located within the area of said easement. 4. No fence, wall, hedge, or shrub planting or other obstacle which obstructs sight lines at elevations of more than 30 inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street lines and a line connecting them at points 50 feet from the intersection of the street lines; or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end,and a line connecting them at points 50 feet from their intersection. No tree shall be per- mitted to remain within such distances of such intersections unless the foliage line is maintained at a height of 8 feet to prevent obstruction of such sight lines. 5. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway ,,ins shall not extend past the fact: of the curb. 6. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 days from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be aitomatically extended for successive periods of 10 years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. 7. These covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by at least eighty (80) percent of the owners of the aforesaid lots is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must be approved by the Little Rock Planning Commission. -3- .�.�._'. 1 I - I i 467 ' g. In the event of any attempt to violate any of the cove- ' nants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said addition_ to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or ' them from so doing or to recover damages or other dues for such violation. 9. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect ti any of the other provisions, which shall remain in full force and effect. The considerations Eet forth in items one through nine are V hereby approved by the City of Little Ruck Planning Commi:�sion. i Any additional requirements, restrictions or statements are entered without review or action by the Planning Commission, and shall not be considered part of the Little Rock Planning Commission's requirements for plat approval. Date ?I2s-� 1 �*�� Warner P. Athey LITTT•r , .._ r.T anNIA�"� _iTTTT.r, f 1fTLE ROCK PLAIM190 r G►„uw i 1UN P ACKNOWLEDGMENT !: OF ' S ] 3STATE ' COUNTY OF ]666] On this day of 1983, before me, a and Notary Public duly commissioned, qualified and acting within the within for the State and County aforesaid. appeared in person named x niJ �r neeff.s , to me personally known, who stated that he executed a tor�rg instrument £or the con- e therein mentioned and set forth. ! sideration, uses and purposes Y IN TESTIMONY WHE EOF, I have hersuntg .set my hand and offi- cial seal this day of _ 2�u+�-� . 719a Notary PU lic i My commission expires: •� -. `�.5-:Pat ( SEF_L) i /wa -4- EXHIBIT "A'0 acription: 'IQ 't 9s and Part of Lot 9C, more particularly described as Beginning at the Northeast degrees 3E minutes corner of said Lot 9C, thence Lots 98 and 9CWest 165.0 feet along the lot ],ine , thence South 27 degrees 24 minutes East to the Northeasterly line Of said Lot 9C to a paint in westerly right-of-way line of Aistritautinn Arise; thence ion Dry 36 minutes East along said right-of-way line of ion Drive to the southeast corner of said Lot 9C; thence iegrees 2R minutes Po� st along the Northeasterly lot line at 9C to the Northeast corner of said Lot 9C and the )eginning, Triangle Properties zndustrial nistrict, now ,Y of Little Rock, Pulaski County, Arkansas, as shown by oE, recardr�cI ill plat Bunk "Arr� untY, Arkansas. page 77, Records of 41' rely" 14. Ax 9 ZW4fA Z?W zm�;Wl r224-/ I re. M-1 mm Amp M�B.`l5 19 Public Works Review Comments Planning Commission Agenda Date: 10-26-17 Z File Number Z-5673-B Garza Accessory Dwelling CUP 0 No comments Z File Number Z-6438-A Hall Adult Daycare Center CUP 0 No comments Z File Number Z-8246-C 9601 I-30 Rezoning C-3 to C-4 0 No comments Z File Number Z-9262 Velocity Graphics-V2 Sign Company CUP 0 No comments Z File Number Z-9263 Electrovision Plus Auto Audio CUP Board of Adjustment 8533 Mabelvale Pike 2601 S. Battery St. 9601 1-30 813 S. Spring St. 6618 Colonel Glenn Road 1 Colonel Glenn Rd is classified on the Master Street Plan as a principal arterial with special design standards Dedication of right-of-way to 45 feet from centerline will be required. Show the existing right-of-way centerline on survey. Z File Number Z-9264 3500 Coffer Lane Rezoning R2 to R7A 3500 Coffer Lane 0 No comments Z File Number Z-9265 Lot 9 Baptist Health-Kanis S Add Multi -Family 1300 Blk Wilson Rd 1 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2 A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Are the apartments proposed to constructed in phases. If so, is an advanced garding permit being requested to advance grade future phases with Phase 1? 3 Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). Friday, September 29, 2017 Page 1 of 4 Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or property owner. 5 If disturbed area is 1 or more acres, obtain a NPDES storm water permit fi-om the Arkansas Department of Environmental Quality prior to the start of construction. 6 Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 7 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing on a commercial street is 250 ft from driveways and intersections and 125 ft from side property lines. Variances must be requested for the proposed driveway locations. 8 Provide a letter prepared by a registered engineer certifying the intersection sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. 9 Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. Friday, September 29, 2017 Page 2 of 2