The URL can be used to link to this page

Home My WebLink About199792008038695 Received: 6/5/2008 8:47:33 AM Recorded: 06105/2008 09:03:36 AM Filed & Recorded in Official Records of PAT O'BRIEN, PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees $50.00 ORDINANCE NO. 19,979 AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED ASBURY PLACE SHORT - FORM PCD (Z- 6245 -C), LOCATED ON THE NORTHEAST CORNER OF KANIS AND KIRBY ROADS, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from R -2 and C -1 to PCD: All of Lots 1R and 2R, Casey's Addition, Little Rock, Pulaski County, Arkansas and part of Lot 3R, said Casey's Addition more particularly described as follows: Beginning at the southwest corner of said Lot 3R; thence N87 037'02 "E along the south line of said Lot 3R, 204.47 feet to the southeast corner of said Lot 3R; thence N87 045'27 "W, 204.43 feet to a point on the west line of said Lot 3R; thence N87 °45'27 "W, 204.43 feet to a point on the west line of said lot 3R; thence S00 °03'57 "W along said west line, 16.50 feet to the point of beginning. AND Part of Tract 7 of Asbury Acres, Section 5, T -1 -N, R -13 -W, now in the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Beginning at the southwest corner of Tract 7 Asbury Acres; Point being on the north right of way of West 12'' Street; thence N00 °00'00 "E, 404.38 feet along the west line of said Tract to a point; thence S88 °29'00 "E, 110.03 feet; thence S00 °00'00 "W, 403.10 feet and parallel to the west line of Tract 7 to a point on the north right of way line of West 121' Street; thence along said right of way line N89 °09'00 "W, 110.00 feet to the point of beginning. AND Part of Tract 8, Asbury Acres, Little Rock, Pulaski County, Arkansas more particularly described as follows: begin 319 feet west and 237.0 feet south of the northeast corner of said Tract 8• thence ,• ." IRC(�� south 274.5 feet; thence east 158.0 feet; thence north 272.3 feet; thence • : ' ,��`E ' " west 159.0 feet to the point of beginning. AND Part of Tract 8 of Asbury ,� �� - �, =, Acres, more full described as: begin on the west line of said Tract 8 at a Y g� : Q �� .' -•' ` �.; ' = w point 512 feet south of the northwest corner of said Tract; thence east, 159.0 feet; thence south 138.0 feet; thence west 28.0 feet; thence N79 °W, 132.0 feet; thence North 108.0 feet to the point of beginning, now in the City of Little Rock, Pulaski County, Arkansas. AND Part of Tract 8, Asbury Acres, located in the SW '/4 of SW ' /4, Section 5, T -1 -N, R -13 -W, more particularly described as follows: Commence at the northeast corner of said Tract 8; thence south along the east line of said Tract 8, 237.5 feet for the point of beginning; from the point of beginning thus established run west 160.0 feet; thence south parallel to the east line of said Tract 8; thence north along the east line of said Tract 8, 412.5 feet to the point of beginning now in the City of Little Rock, Pulaski County, Arkansas. The above described property contains 5.57 acres more or less. SECTION 2. That the approval of Asbury Place Short-form PCD (Z- 6245 -C), located on the Northeast corner of Kanis and Kirby Roads is subject to compliance with the following additional conditions: • That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and compliance with the terms of the Declaration of Restriction Covenants as outlined in Paragraph A of the agenda staff report and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. • The use of the property is limited to retail, office, mini - warehouse, single - family residential. The property will not be used for industrial or multi - family residential purposes. The property uses are limited to Antique Shop (without repair), Bakery or confectionery shop (retail), Bank or savings and loan, Barber or beauty shop, Book and stationery store, Camera shop, Candy store (but not cigar or tobacco store), Clinic (medical, dental, optical), Clothing store, Custom sewing and millinery, Drugstore or pharmacy, Duplication shop, Eating place inside, Florist shop, Food store, Furniture store (new), Hardware or sporting goods store, Hobby shop, Jewelry store, Key shop, Laundry pickup station, Medical appliance fitting and sales, Mini - warehouse (without frontage on Kanis Road), Office (general or professional), Optical shop, Pet shop, Photography studio, Shoe repair, Tailor, Travel bureau. Under no circumstances shall the property ever be used for the following: A restaurant with drive - through; a restaurant or other business deriving more than forty percent of its gross sales from alcohol; a business selling alcohol for off - premises consumption; any business with gas pumps; bowling alley; bingo parlor; flea market; skating rink; any business involving "adult" activities, including without limitation any adult -type (i.e. pornographic) bookstore, massage parlor, escort service, facility with nude or partially nude, bathing suit -clad or lingerie -clad models or dances or any establishment selling or exhibiting sexually explicit materials. • The architectural design of the buildings shall be as presented with the application with the exception of the mini - warehouse building northern facade. The applicant shall provide a building elevation along the 2 northern fagade of the mini - warehouse building to add architectural elements designed to break the massing of this fagade. The hours of operation are limited to 6:30 am to 10:00 pm with the exception of a restaurant which may operate until 11:00 pm on Friday and Saturday nights. The mini - warehouse will have access from 6:30 am to 10:00 pm seven days per week. All owners or lessees of the property will make reasonable efforts to require all delivery and service vehicles to avoid using the portion of Kirby Road north of the site. The dumpster service hours will be limited to 6:30 am to 10:00 pm seven days per week. The maximum building height proposed is 26 -feet for single -story buildings and 38 -feet for a two story building. Signage is limited to monument type or building mounted, not to extend above the roofline of the building. No sign shall exceed six feet in height and 120 square feet in area. Building signage will be limited to street frontages allowing signage on two sides of Lots 1 and 3. Lot 4 will be allowed signage along Kirby Road and on the front of the building facing into the parking lot. • The mini - warehouse buildings are limited to two single story buildings. The mini - warehouse portion will have a maximum of 18,900 square feet of building space. All mini - warehouse buildings are proposed architecturally compatible with the surrounding buildings and will include pitched roofs and brick facades. Two retail buildings are proposed with a maximum of 19,300 square feet of building space. The buildings are proposed constructed of brick, stone, stucco or drivit. The building colors are proposed neutral tones designed to blend with the area. The buildings are proposed constructed with architectural elements designed to break the massing of the structure. The roofing materials are proposed as non - reflective. All lighting used on the site will be downcast and positioned to keep light from encroaching into the adjoining residential neighborhoods. One lot must contain an office building. The office building shall maintain a parking ratio of 4.2 spaces per 1,000 square feet of building space. SECTION 3. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 4. That the change in zoning classification contemplated for Asbury Place Short-form PCD (Z- 6245 -C), located on the Northeast corner of Kanis and Kirby Roads is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36 -454 (e) of the Code of Ordinances. SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, 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. K3 SECTION 6. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 7. 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 8. 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: June 3, 2008 ATTEST: i of Little ck Clerk APPROVED AS TO FORM: City Attorney APPROVED: A �'- ��- Mayor 4 IAml ^ r� I A- --` Ground Mounted Sign (6' high 120 of area) (round Mounted Sign (6' high 120 of area) Grand Mounted Sign (6' high 64 d area) ASBB_VBX ROAR- - (W mm Ground Mounted Sign (6' high 120 of area) I I R I 1^ � I I I Z- 6245 -C • ASBURY PLACE • SHORT -FORM PCD O, Land Use Case: Z- 6245 -C N Location: Located on the Northeast corner of Kanis and Kirby Roads Ward: 5 PD: 18 CT: 42.10 Vicinity Map Lr-r I 1 I I TRS: TIN R13W5 0 150 300 Feet 1 F MIN /`' /f E o PCD 0 o o Area, Vicinity Map Pliv AU I I [11 N Case: Z- 6245 -C Location: Located on the Northeast corner of Kanis and Kirby Roads Ward: 5 PD: 18 0 150 300 Feet CT: 42.10 TRS: TIN R13W5