Z-5617-A ApplicationCOLDWELL BANKER COMMERCIAL
HATHAWAY GROUP
2100 RIVERDALE RD, SUITE 100
LITTLE ROCK, AR 72202
PO BOX 3730
LITTLE ROCK, AR 72203-3730
BUS. (501) 663-5400
FAX (501) 663-5408
wwH,. hathati,aygroo p.com
MEMORANDUM
TO: Chauncey Taylor, Chair, Little Rock Planning Commission
Jeff Yates, Vice -Chair, Little Rock Planning Commission
CC: Mark Stodola, Mayor
Bruce Moore, City Manager
Michael Keck, Director
Tony Bozynski, Planning Director
Dana Carney, Zoning and Subdivision Manager
Donna James, Subdivision Administrator
FROM: Jim Hathaway
DATE: October 28, 2009
SUBJECT: Case Numbers Z -4807-F; Z -4807-G; and Z -5617-A
Completion of Required Road Improvements—Phase 1
Wellington Hills Road, Champlin Drive, Kirk Road
I am writing on behalf of my client, Whisenhunt Investments, Inc. ("Wl"), to provide you with a
status report on the completion of the subject road improvements.
As you know, on September 3, 2009 the Planning Commission approved an extension of the
three subject Planned Developments for 2 years or until June of 2011. A condition of the 2 year
extension vs. a 1 year extension was the applicant's completion of the Phase 1 road
improvements on or before November 1, 2009 and the completion of the Phase 3 improvements
by June of 2010.
Exhibit A attached is a drawing of the area in question with the improvements to be built by WI
divided into 3 phases. Exhibit A was presented to the Planning Commission at the September 3
meeting. The Phase I improvements are labeled and outlined in blue.
In summary, significant progress has been made but all of the Phase 1 improvements will not be
completed by November 1 due to the excessive rainfall we have experienced since September
3. There have been 38 work days from September 4 through October 28. The project
engineering firm, DCI, has informed me that there has been 22 lost work days due to rain within
that 38 day period. There have been another 4 lost work days spent cleaning up the effects of
the rain just to get back to the condition when it starting raining.
Each Office Is Independently Owned And Operated
Case Numbers Z -4807-F; Z -4807-G; and Z -5617-A
October 28, 2009
Page 2 of 2
In spite of one of the heaviest rainfall totals ever recorded for Little Rock during September and
October, it is expected that a significant portion of the Phase 1 improvements will be completed
on or about November 1. The portion of Wellington Hills east of the round -about; the portion of
Champlin north of the round -about; and the roundabout itself have been constructed,
landscaped, striped, and lighted. There is some striping and, if it stops raining, it may be
possible to open this portion of the Phase 1 improvements by the first of next week. Once this
has been done, through traffic between Chenal Parkway and Rahling Road will be able to use
this new route and will no longer need to drive through the Wellington Hills subdivision. All of
this has been communicated to Mr. Lance Hines, the current President of the Wellington Hills
P.O.A. who has welcomed this news and who has been understanding of the weather related
delays.
The remaining portion of the Phase 1 improvements is the completion of Kirk Road south of the
round -about to its intersection with Chenal Parkway. The eastern lane has been graded and
paved in its entirety and curb and gutter has been installed for about one half of its length.
Approximately one half of the western lane has been graded and paved with curb and gutter
installed. However, the southern half of the western lane must be graded, paved and curb and
gutter installed. It was not possible to do all of this work at the same time because one lane had
to be kept open at all times to allow access to several occupied buildings on the west side.
We are understandably reluctant to provide a new completion date for the balance of the Phase
1 improvements. Little Rock has now recorded over 20" of surplus rainfall year to date. One
could assume that we are due some dry weather but it is raining again as this letter is being
written. If we get a decent break in the weather, we should be able to get Kirk Road opened by
the end of November thereby completing all of the Phase 1 improvements. If the rain continues,
it will take a little longer. Once Phase 1 is completed, we will be asking the Planning
Commission for "weather relief" on the November 1 deadline and to re -approve the 2 year
extension of the subject Planned Developments.
Meantime, an inspection of the area will clearly show that the improvements constructed to date
have been well designed and will be a credit to the infrastructure in west Little Rock. Please let
me know if you have any questions concerning this project.
Attachment: Exhibit A
EXHIBIT
PA,;se /
�OWNsAW 4
OF- oz - 09
Tia recdlAy
1
I i
Ne.Yd
rti
Area ,
Vicinity Map
L U 1111.1
Case: Z -5617-A N
Location: South of Kanis Road and Chenal
Parkway and West of the existing
Kroger Shopping Center.
Ward: 5
18 0 100200 400 Feet
CT: 42.07
TRS: TIN R14W1
Land Use
Case: Z -5617-A N
Location: South of Kanis Road and Chenal
Parkway and West of the existing
Kroger Shopping Center.
Ward: 5
0 100200 400 Feet
PD: 18
CT: 42.07
Vicinity Map 14 - I I TRS: TIN R14W1
City of Little Rock
Department of Planning and Development Planning
Zoning and
723 West Markham Street
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
September 8, 2009
Mr. Robert Brown
Development Consultants Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, AR 72212
Re: Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z-
5617 -A), located South of Kanis Road and Chenal Parkway and
West of the existing Kroger Shopping Center
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on July 23, 2009:
X Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the
Other:
Meeting.
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
taCity of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 722D1 - 1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
September 8, 2009
Mr. Lance Hines
409 Wellington Wood Loop
Little Rock, AR 72223
Re: Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z -5617-A),
located South of Kanis Road and Chenal Parkway and West of the existing
Kroger Shopping Center, Shackleford Farms Long -form POD Time Extension (Z-
4807 -F), located North of Wellington Hills Road and West of the Villages of
Wellington Subdivision and Shackleford Farms Long -form POD Time Extension
(Z -4807-G), located North of Wellington Hills Road and West of the Villages of
Wellington Subdivision
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for your
participation in the September 3, 2009 Commission meeting. It is very important to the
City staff and the Planning Commission to have citizen input in the planning decision-
making process. `
Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z -5617-A),
Shackleford Farms Long -form POD Time Extension (Z -4807-F), and Shackleford Farms
Long -form POD Time Extension (Z -4807-G), - was approved with conditions.
For additional information, you can contact staff at 371-4790. Staff responsibilities are
as follows:
Conditional and Tower Use Permits — Dana Carney - Planning
Future Land Use Plan Amendments — Walter Malone - Planning
Rezoning and Zoning Variance — Monte Moore - Planning
Subdivision and Planned Unit Developments — Donna James - Planning
Land Alteration Variance Request — Vince Floriani — Public Works
Thank you again for your input.
Sincerely,
Tony Bozynski
Secretary to Little Rock Planning Commission
City of Little Rock
Department of Planning and Development Planning
Zoning and
723 West Markham street
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
July 24, 2009
Mr. Robert Brown
Development Consultants Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, AR 72212
Re: Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z-
5617 -A), located South of Kanis Road and Chenal Parkway and
West of the existing Kroger Shopping Center
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on July 23, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
X Deferred to the September 3 2009 Meeting.
Other:
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
July 14, 2009
Mr. Jim Hathaway
Senior Vice President
Caldwell Banker Commercial
Hathaway Group
2100 Riverdale Rd., Suite 100
Little Rock, AR 72202
Mr. Hathaway;
The Following is a synopsis of our current construction projections, inclusive of completed items from to Kirk
Road thru the roundabout to Chenal, following our weekly sub -contractors meeting this morning for the
Shackleford 150 Project.
Cranford mobilized today Tuesday, (146), and wi11 have the North section of Kirk and Wellington Hills
complete by the 2&. or 5 days total. (Note: All dates erre based upon a scheduled amount of days ro perform
the task. Any weather or outside of paving delays well move schedule to the right by the amount of days
affected)
Starting on the 2151, Cranford will move to South Kirk and place black base down only on the roundabout area -
completing task on the 27".
Beginning 28"i, Cranford will complete Arkansas Systems and finish top course on the roundabout area by the
rd
With the Paving complete from the roundabow north, we will need an additional 5 days for landscaping,
striping, and any ancillary items needed, which will open the roundabout for traffic on August I 1 .
Cranford will move to the east side of Kirk beginning approximately at Parkway Automotive and begin paving
to Chena€ on August 4r". Current projection is lS workings days, which includes attached drives. This will give
thein a target date of August 22 for completion of the paving process. With an additional tS days for close out
items, this will give an opening date, thru to Chenal, of September 15'",
Areas a FF Concern
In order for grading to be completed on Kirk Road South, Entergy must have the overhead power lines relocated.
Original date of completion From there was to be July 17`". In a conversation with Brad Vance, (Entergy
overhead Engineering), he advised me that the date would now be as late as the 24 This will trickle down to
all aspects of construction, delaying above targets by the amount of days past the 17'". We are also waiting for
final approval from the City's traffic engineering department For signage and striping configurations.
Sincerely,
9"
Barry A. Bray
Bravo Deuce Resources
501-351-2573
COLDWELL BANKER COMMERCIAL
HATHAWAY GROUP
2100 RIVERDALE RD, SUITE 100
PO BOX 3730
LITTLE ROCK, AR 72203-3730
BUS. (501) 663-5400
FAX (501) 663-5408
www. ha th awaygi oupxom
MEMORANDUM
TO: Tony Bozynski
CC: Mayor Mark Stodola
City Manager Bruce Moore
Jeff Yates
Dana Carney
Donna James
Pam Adcock
William Changose
J.T: Ferstl
Troy Laha
Jerry Meyer
Obray Nunnley
William F. Rector, Jr.
Billy Rouse
Candice Smith
Chauncey Nick Taylor
FROM: Jim Hathaway
DATE: July 15, 2009
SUBJECT: Case Numbers Z -4807-F, Z -4807-G, and Z -5617-A
I am writing to you, as per my role as the agent for the applicant for the three subject Cases,
to (1) provide your office and the Planning Commissioners with a status report on the
construction of the required improvements, and (2) to request a deferral of this matter until
the next Planning Commission Meeting.
STATUS REPORT. At the last Planning Commission Meeting on June 9, 1 told the
Commissioners that the primary reason for the recent delay in the construction of the street
improvements north of Chenal had been the problems my client had encountered in the
acquisition of the required rights-of-way along the east side of Kirk Road. I am pleased to
report that all of the required right-of-way has now been acquired and that all of this
documentation has now been turned over to the City and Entergy. Attached is a letter to me
dated July 14, 2009 from Mr. Barry Bray of Bravo Duece Resources, the Construction
Manager for my client, which provides the latest thinking regarding the timing for the
completion of the street and utility improvements to be constructed north of Chenal Parkway
(Phase 1). 1N SUMMARY, ALL OF THE RIGHT OF WAY HAS NOW BEEN ACQUIRED;
CONSTRUCTION IS ABOUT TO BEGIN; AND BRAY'S SCHEDULE PREDICTS THE
COMPLETION OF THESE IMPROVEMENTS BY MID -SEPTEMBER. Phase II of the
Each Office Is Independently Owned And Operated.
Case Numbers Z -4807-F, Z -4807-G, and Z -5617-A
July 15, 2009
Page 2 of 2
improvements will consist of the extension of Kirk Road south of Chenal Parkway, along the
western boundary of the new Kroger store. This work is planned at present for completion by
November 1. Phase III of the improvements will consist of certain improvements to Chenal
Parkway and Kanis Road west of the Kirk Road/Chenal Parkway intersection. The approved
plans for Phase Ill were received from Public Works yesterday and are ready to be put out
for hid. Construction on Phase III will begin immediately upon completion of construction of
Phase II.
REQUEST FOR DEFERRAL. As you know, my client filed for a 2 year extension of the three
previously approved PCOs. These Cases have been deferred several times for various
reasons. The most recent deferral was granted at the June 9 Planning Commission Meeting
until the July 23 Planning Commission meeting because only 8 Planning Commissioners
were able to vote on this matter at that time. At that time, I failed to remember that I had
been scheduled for several months to be out of the state on vacation on July 23. We were
also told at that time that there will likely be a similar problem with a quorum for the July 23
meeting. My client is therefore requesting a deferral until the next Planning Commission
Meeting on September 3.
It is our belief that a deferral until September 3 will in no way cause any difficulty for anyone
involved in this matter and we will certainly not hold up the construction process. As per the
Status Report above, it is clear that my client has proceeded in good faith to acquire the last
pieces of right-of-way and that my client is planning to quickly proceed with the construction
of Phase 1. We also believe a deferral is fair in light of the fact that only S members of the
Commission were available to vote at the last meeting.
Please provide me with the Staff Recommendation concerning this request for a deferral as
soon as possible.
Attachment: (1) Letter from Mr. Barry Bray
taCity of Little Rock Planning
Department of Planning and Development Zoning and
723 West Markham Street Subdivision
Litve Rock, Arkansas 72261.1334
tr.r:e; (501) 371.4790 Fax: (501) 399-3435 or 371-6863
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK
PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE
OR DEVELOPMENT OF LAND
DATE: July 28.2009
TO: Coalition of West Little Rack
ATTENTION: Mary Domhoffer
ADDRESS: 6916 Westrid e Road
Roland AR 72135
REQUEST: Shackle£ord Farms 30.8 Acres Long -form PCD Time Extension Z -5617-
A a re uest for an extension of time for an a roved Planned Commercial Develo ment
to allow two additional ears to the current a roval for submission of the final
develo ment Ian.
GENERAL LOCATION OR ADDRESS: located South of Kanis Road and Chenal
Parkwa andWest of the existin Kraer Sho inCenter
OWNED BY/APPLICANT: Wisenhunt's —Robert Brown. DIC A etlt
NOTICE IS HEREBY GIVEN THAT an application for a Planned Zanin District of 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 Little Rock Board of
Directors Chambers, second floor, City Hall, 500 West Markham Street, on Se t_ o ember
3,2009 at 4:04 P.M. You were previously notified of this application request. This item
was deferred from. the July 23, 2009, public hearing to this new hearing date. 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.
Tony Bozynski
Director of Planning and Development
City of Little Rock
Planning
Department of Planning and Development Zoning and
723 West Markham Street Subdivision
Little Rock, Arkansas 72201-1334
ta Phone: (501) 371.4790 Fax: (501) 399-3435 or 371-6863
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK
PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE
OR DEVELOPMENT OF LAND
DATE: June 16, 2009
TO: Coalition of West Little Rock
ATTENTION: Mar Dornhoffer
ADDRESS: 6916 Westrid e Road
Roland AR 72135
REQUEST: Shackleford Farms 30.8 Acres Lon -farm PCD Time Extension Z -5617-
A are uest far an extension of time for an a raved Planned commercial Development
to allow two additional ears to the current a roval for submission of the final
develo ment lan.
GENERAL LOCATION OR ADDRESS: located South of Danis Road and Chenal
Parkway and West of the exis!Lqa, Kroger Sho ing Center
OWNED BY/APPLICANT: WisenhunLIS —Robert Brown DIC A ent
NOTICE IS HEREBY GIVEN THAT an application for a Planned Zonin District of 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 at the Robinson Center,
located at the corner of West Markham Street and Broadway, on July 23 2009 at
4:00 P.M. You. were previously notified of this application request. This item was
deferred from the June 11, 2009, public hearing to this new hearing date. 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.
Tony Bozynski
Director of Planning and Development
City of Little Rock
Department of Planning and Development Planning
Zoning and
723 West Markham Street
Little Rock, Arkansas 72201-1334 Subdivision
IR Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
June 12, 2009
Mr. Robert Brown
Development Consultants Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, AR 72212
Re: Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z-
5617 -A), located South of Kanis Road and Chenal Parkway and
West of the existing Kroger Shopping Center
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on June 11, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
X Deferred to the _July 23, 2009 Meeting.
Other:
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
Re: Parkway Auto/Mike Davidson
James, Donna
From: Hood, Mike
Sent: Thursday, June 11, 2009 9:59 AM
To: James, Donna
Subject: FW: Parkway Auto/Mike Davidson
From: James Williams[mailto:jwilliams@williamsdean.coml
Sent: Wednesday, June 10, 2009 3:27 PM
To: Keck, Michael; Hood, Mike
Cc: Mike Davidson
Subject: Re: Parkway Auto/Mike Davidson
Michael- Thanks for your prompt response -as usual you seem to be on top of the issue -James
James Williams, AIA
President
Williams & Dean Associated Architects, Inc.
501.224.1900 phone
501.224.0873 fax
On 6/10/09 3:19 PM, "Keck, Michael" <MKeck@stvincenthealth.com> wrote:
Page 1 of 2
Thank you for your e-mail. I have had numerous discussions with the city attorney and city
manager over the last 24 hours as to how we get the necessary work completed. In fact, as I
write this e-mail, Public Works and Planning Staff are meeting to discuss options on enforcing
the agreement reached with the Whisenhunts. It appears that the Whisenhunts are going to be
in violation the agreement reached with the city a few months ago to complete this road by July
ist. I have asked that a schedule be established to do that which is necessary to complete the
work as soon as possible and that the agreement be enforced with penalty provisions
implemented if they do not meet the July 1 deadline.
Michael Keck, FACHE
Administrative Director
External Relations
St. Vincent Health System
# 2 St. Vincent Circle
Little Rock, AR 72205
501/552-8280 office
501/552-4241 fax
From: James Williams rmalito:iwilliams0williamsdean.corn
Sent: Wednesday, June 10, 2009 3:18 PM
To: Mhood@littlerock.org; Keck, Michael
6/11/2009 j�,,,'O), �) Jr � r—
Re: Parkway Auto/Mike Davidson Page 2 of 2
Cc: Mike Davidson
Subject: Parkway Auto/Mike Davidson
Mr. Hood/Mr. Keck -
I have been made aware that Mike Davidson, a business associate of mine, is asking the City of LR to have a
developer fulfill an agreement to improve Kirk Road near Mike's business. I understand that Mike has had to
deal with this for about two years.
I know Mike to be a good corporate and civic minded citizen. I know the lack of prompt response by the
developer to fulfill his agreement has caused Mike loss of business, out of pocket expense, and time that he
could be spending on more important things. Anything you can do to support his cause would be appreciated
and I believe the right thing to do.
Thanks for your consideration -James
6/11/2009
Road Construction - Parkway Automotive
James, Donna
From: Hood, Mike
Sent: Thursday, June 11, 2009 9:58 AM
To: James, Donna
Subject: FW: Road Construction - Parkway Automotive
From: Roger G. Best [mailto: Roger@ BizTekCon nection.com]
Sent: Wednesday, June 10, 2009 3:44 PM
To: Hood, Mike
Subject: Road Construction - Parkway Automotive
June 10, 2009
Dear Mr. Hood,
Page 1 of 1
A business associate of mine has been dealing with the road construction on Kirk Road for almost two
years. Delay after delay has occurred due to what appears to be poor planning by the developer. Most
businesses can survive a 6 month construction interruption but this project has been in process since
October, 2007. It has been necessary for Parkway Automotive to wash customer's cars due to the dust,
clean mud off customer's cars due to mud left on the road, directional sign expense, customers having to
take detours, partial road closures, confusing parking arrangements, etc. Kirk Road has deteriorated and
now is the worst road in West Little Rock with multiple cuts across it, steel plates in various locations,
and the inability for two vehicles to safely pass.
On behalf of my business associate, please act quickly and decisively in seeing that this road is
completed in a timely manner.
Sincerely,
Roger G. Best, President
BizTek Connection, Inc.
4700 West Commercial Drive
Suite B4
North Little Rock, AR 72116
6/11/2009
Page 1 of 2
James, Donna
From: Hood, Mike
Sent: Thursday, June 11, 2009 9:57 AM
To: James, Donna
Subject: FW: Parkway Automotive
From: Keck, Michael [mailto:MKeck@stvincenthealth.com]
Sent: Wednesday, June 10, 2009 4:54 PM
To: Rick DeWese; Hood, Mike
Subject: RE: Parkway Automotive
Thank you for your e-mail. I have had numerous discussions with the city attorney and city
manager over the last 24 hours as to how we get the necessary work completed. In fact, as I
write this e-mail, Public Works and Planning Staff are wrapping up a meeting to discuss
options on enforcing the agreement reached with the Whisenhunts. It appears that the
Whisenhunts are going to be in violation the agreement reached with the city a few months ago
to complete this road by July 1St. I have asked that a schedule be established to do that which
is necessary to complete the work as soon as possible and that the agreement be enforced with
penalty provisions implemented if they do not meet the July 1 deadline.
Michael Keck, FACHE
Administrative Director
External Relations
St. Vincent Health System
# 2 St. Vincent Circle
Little Rock, AR 72205
501/552-8280 office
501/552-4241 fax
From: Rick DeWese [mailto:rick.dewese@businessworld-usa.com]
Sent: Wednesday, June 10, 2009 4:47 PM
To: Mhood@littlerock.org; Keck, Michael
Subject: Parkway Automotive
Mr. Hood & Mr. Keck,
I am writing on behalf of Mike Davidson. I have been a customer at Parkway for many years
and a personal friend of Mike's as well. Mike is an excellent businessman and has built an
excellent automobile service center on Kirk Rd.
The road conditions on Kirk Rd are to the point of unbearable. It is understandable that Kirk
Rd could be "under construction" during the period in which to build the church, but this Road
has been down far too long. It is difficult enough in these economic times to run a business
and survive, but the conditions under which Mike is forced to run his business is beyond
6/11/2009 -,(—(Vvvv, 1, 1v�,�
Page 2 of 2
comprehensible. Mike has offered all kinds of incentives and spent a lot of money directing
people to his business. His business relies heavily on return customers and it is very difficult
for him to "make a lasting impression" based on the conditions he has been forced into. If you
visit his service center you will see what a fine establishment he has maintained throughout
this period of Kirk Rd being demolished.
It would be a shame to see one our great small business owners and community leaders lose
his business to conditions that are out of his control. Please take a moment to consider this
matter and act decisively to see that this road be restored to a commutable Little Rock
standard city street.
Thank you in advance for your consideration.
Business
World
Oocurnent Solutions
Now Mas New rerhnnl-�,iy
920 S. Spring St
Little Rock, AR 72201
501-399-3318
6/11/2009
Page 1 of 1
James, Donna
From: Hood, Mike
Sent: Thursday, June 11, 2009 9:56 AM
To: James, Donna
Subject: FW: Kirk Road
From: Judy McDowall[mailto:jmcdow@biotechnicalservices.com]
Sent: Wednesday, June 10, 2009 5:26 PM
To: Hood, Mike
Subject: Kirk Road
Dear Mr. Hood,
A business associate of mine, Mike Davidson of Parkway Automotive Services, has been dealing with
the road construction on Kirk Road since October, 2007. This is altogether an unreasonable period of
time that has and continues to have detrimental effects on his business. It has been necessary for
Parkway Automotive to wash customer's cars due to the dust and clean mud off customer's cars due to
mud left on the road. In addition they have had experienced directional sign expense, customers having
to take detours, partial road closures, confusing parking arrangements, and more. Kirk Road has
deteriorated and now has multiple cuts across it and steel plates in various locations. Two vehicles are
unable to pass safely.
Please take action to see that construction on Kirk Road is completed soon.
Sincerely,
Judith C. McDowall
Judith C. McDowall, MS, RQAP-GLP, RAC
Biotechnical Services, Inc.
4610 West Commercial Drive
North Little Rock, AR 72116
(501) 758-6290 X103 voice
(501) 753-5963 fax
jmcdow9biotechnical5ervices. com
Visit our website: ZV71 ).biotechnicalsercrice5.corn
9
6/11/2009
RICHARD C. DOWNING, P.A.
A Professional Corporation
ATTORNEY AT LAW
1701 CENTERVIEW DRIVE
SUITE 102 OF COUNSEL: JAMES &HOUSE, P.A.
LITTLE ROCK, ARKANSAS 72211
TELEPHONE: 501/687-9411
FAX: 501/687-9401
E-MAIL: re ownin downin-law.com
May 19, 2009
Mr. Tom Carpenter
City Attorney's Office
500 West Markham Street
Suite 310
Little Rock, AR 72201
Re: Kirk Road/Whisenhunt Development
Dear Tom:
Please allow this letter to serve as an update regarding the matters set out in my
March 10, 2009 letter to you.'
I understand you were not present at a recent meeting Mr: Jim Hathaway, the
Whisenhunt representative, had with the Mayor and the City Manager. At that meeting,
Mr. Hathaway informed all present of the problems my client has encountered regarding
obtaining the necessary right-of-way for completion of the Kirk Road improvements. As
a result of the meeting, with the City's cooperation, the neighboring property owners
have now either donated the right-of-way or informally consented to the sale of the right-
of-way without the purchase of their remaining real property. Though my client believes
the purchase price of the right-of-way is unreasonable, my client has acknowledged its
obligations to the City. We anticipate the purchase to occur within the next couple of
weeks.
However, although my client had contractors prepared to complete the paving and
street improvements, as a result of this latest delay and due to the weather conditions of
the past month, my client may not be able to complete work by the anticipated July I"
target date. We have requested a rain day schedule from DCI, but wanted to keep you
advised of our progress regarding this project now, rather than wait until July IS`.
Mr. Tom Carpenter
May 19, 2009
Page 2
I note the City has never acknowledged my March 10, 2009 letter. However, my
client wants to keep you informed of its continuing conunitment to completion of the
Kirk Road improvements.
Thanks for your attention.
Very truly yours,,-
Richard
ours,:Richard C. Downing
RCD/ts
cc: Doug Robertson
Jim Hathaway
City of Little Rock Planning
Department of Planning and Development Zoning and
723 West Markham Street Subdivision
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
NOTICE OF PUBLIC HEARING
�� �QUERST FD LAfIUTSE CHANGE
PLANNING COMMISSION
OR DEVELOPMENT OF LAND
DATE: May lel, 2099
TO: Caaiition of West Little Rock
ATTENTION: Mar Domhoffer
ADDRESS: 69Id Westrid e Road
Roland AR 72135
REQUEST: Shackleford Farms 30.8 Acres Lan -form PCD Time Extension
ercial a 561 -
A are uest far an extension of time for an a roved Planned Comm
+I. ^%i nt nnnrnval for submission of the final
Pi
develo meat lan.
GENERAL LOCATION OR ADDRESS: iacated South of Kanis Road and Chenal
Parkwa and West of the existin Kroizer Shopping Center
OWNED BY/APPLICANT: Wisenhunt's —Robert Brown DIC Aiozent
NOTICE IS HEREBY GIVEN THAT an application for a Planned Zonin District of 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 at the Robinson Center,
located at the corner of West Markham Street and Broadway, on June 11,
2009 at
4:00 P.M. You were previously notified of this application request. This item was
froyn the April 30, 2009, public hearing to this new hearing date. This notice is
deferred are aware
provided in order to assure that neighnorh sshould be directed to hesPlann ng staff
affect their neighborhood. Informatiarequests
at 371-4790.
Tony Bozynski
Director of Planning and Development
taCity 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
May 1, 2009
Mr. Robert Brown
Development Consultants Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, AR 72212
Re: Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z-
5617 -A), located South of Kanis Road and Chenal Parkway and
West of the existing Kroger Shopping Center
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on April 30, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
X Deferred to the June 11, 2009 Meeting.
Other -
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
DEVELOPMENT
CONSULTANTS
INCORPORATED
April 24, 2009
Ms. Donna James
City of Little Rock
Planning and Development Division
723 West Markham Street
Little Rock, Arkansas 72201
IRE: Shackleford Farms PZD Ordinance Extensions
DCI Project #06-115
Dear Donna:
Please accept this letter as our written notice to request a second deferral of the
applications for time extensions for the following PZD ordinances:
1. Ordinance No. 19, 558 titled Shackeford Farms 30.8 Acres Long -Form PCD (Z-
5617 -A).
2. Ordinance No.19, 560 titled Shackleford Farms Long -Form POD (Z -4804-F).
3. Ordinance No. 19, 561 titled Shackleford Farms Long —Form PCD (Z -4807-G).
We are requesting this deferral due to on-going negotiations to acquire necessary right-
of-way on Kirk Road. This issue directly affects the developer's ability to update the
work schedule at this time. Please place these items on the agenda for the June 11,
2009 meeting of the Planning Commission.
Please contact my office if you have any questions or require additional information.
Sincerely,
u rlopment Consultants, Inc.
Robe Brown
Vice -President
Cc: Doug Robertson
Kemp Whisenhunt
Jim Hathaway
G:2006\06-115\Planning\Documents\06-115w.doc
Engineering 9 Planning Land Surveying G Landscape Architecture
2200 North Rodney Parham Road, Suite 220 • Little Rock, Arkansas 72212 • Telephone 501.221-7880 • Fax 501-221-7882
509 West Spring Street, Suite 135 • Fayetteville, Arkansas 72701 • Telephone 479.444-7880 • Fax 479-251-8210
Pagel of 3
Bozynski, Tony
From: Moore, Bruce
Sent: Tuesday, April 14, 2009 8:15 AM
To: Jim Hathaway; Stodola, Mark; Carpenter, Tom; Keck, Michael
Cc: Coop, Griffin; Beck, Steve; Floriani, Vince; Bozynski, Tony; Carney, Dana; James, Donna;
markw@dci-Ir.com; Baehr, Laurie
Subject: RE: Applications for Extension of Shackleford Farms Planned Developments
Jim,
I had an initial briefing with staff yesterday before I read this email. I will be out of town Wednesday through
Friday but I am willing to set up a meeting for the first of next week. Please call Laurie in my office to coordinate.
Bruce
From: Jim Hathaway[mailto:jimhathaway@hathawaygroup.com]
Sent: Monday, April 13, 2009 12:03 PM
To: Stodola, Mark; Moore, Bruce; Carpenter, Tom; Keck, Michael
Cc: Coop, Griffin; Beck, Steve; Floriani, Vince; Bozynski, Tony; Carney, Dana; James, Donna; markw@dci-Ir.com
Subject: FW: Applications for Extension of Shackleford Farms Planned Developments
Importance: High
On April 2, 1 requested a meeting to discuss a resolution of the natter involving the completion of the Dirk Road
Construction project and the application for the extension of the Shackleford Farms Planned Developments. Since
April 2. I have followed twice with Mayor Stodola's office in an effort to determine if and when such a meeting
could be held. I have spoken with Griffin Coop both times but, while he has been most courteous, I have not yet
had any response on my original request.
in the meantime, my client has continued to pursue the dedication of the required right of way from 4 contiguous
owners on the west side of Kirk Road. This is the ROW which must be obtained in order to construct the
improvements in accordance with the previously approved design. One of the 4 owners (the owner with the
sma.l lest amount of frontage) has agreed verbally to dedicate the required ROW. However, the other 3 have not as
yet agreed to do so. The circumstances vary for each of these 3 owners but it is clear that at least 2 of these
owners have not been cooperative to date and show no signs of willingness to dedicate the required ROW in the
future even though my client has offered to build the required improvements oil their side of the road at no cost to
them. In short, every story has more than one side and I have been asking for a meeting to discuss the facts as we
understand them as well as the alternative solutions.
Since the clock is running, a member of Whisenhunt Investments, its engineer, and I met with Vince Floriani of
Public Works this morning to discuss an alternative design should it become impossible to acquire the ROW
which is needed in order to implement the approved design. We believe this alternative design represents a
workable solution to the present impasse regarding the required ROW dedication. Based upon this meeting, itis
our understanding that Vince plans to bring this idea to the attention of Steve Beck and then to Bruce Moore and
Tom Carpenter within the next few days. I would like very much to be in attendance when this matter is
discussed with Bruce and Tom and I am writing to request this.
I would like to underscore the intent of my client to complete the entire Kirk Road improvements as per the
original design as soon as possible. However, they cannot do this if the required ROW cannot be obtained. Three
of the owners on the west side of Kirk Road who will benefit significantly from the construction of these
improvements have, to date, not agreed to dedicate the required ROW. Unless they change their minds, it may be
necessary to alter the design. This is a complicated matter involving a very large amount of money that deserves
a full discussion with all of you.
4/14/2009
Page 2 of 3
Thank you in advance for your cooperation in allowing me to meet with you. Please let me know when this can
be done.
James E. Hathaway, Jr., CRE
Coldwell Banker Commercial Hathway Group
2100 Riverdale, Suite 100
Little Rock, AR 72202
(501) 978.4968 office
(501) 680.2288 cell
Connecting People and Properties for 42 years.
From: Jim Hathaway
Sent: Tuesday, April 07, 2009 3:23 PM
To: gcoop@littlerock.org
Subject: FW: Applications for Extension of Shackleford Farms Planned Developments
Please let me know what is possible at your earliest convenience.
James E. Hathaway, Jr., CRE
Coldwell Banker Commercial Hathway Group
2100 Riverdale, Suite 100
Little Rock, AR 72202
(501) 978.4968 office
(501) 680.2288 cell
Connecting People and Properties for 42 years.
From: Jim Hathaway
Sent: Thursday, April 02, 2009 9:04 AM
To: mstodola@littlerock.org; bmoore@littlerock.org
Cc: tcarpenter@littlerock.org; mkeck@littlerock.org
Subject: Applications for Extension of Shackleford Farms Planned Developments
Importance: High
I have been retained by Whisenhunt Investments to represent it in regard to its recent applications to obtain a 2
year extension for 3 Planned Developments in the general vicinity of Chenal Parkway and Kirk Road. The 3
Planning Department File numbers are Z -4807-F, Z -4807-G, and
Z -5617-A. This matter was recently deferred to the forthcoming Planning Commission meeting on April 30.
I have been briefed by my client regarding the original submissions in 2006 and the events that have transpired to
date including the City Attorney's demand letter for the completion of the infrastructure improvements dated
March 10 and Dick Downing's letter of response dated March 11. 1 have also reviewed the complete files in the
Planning Department.
I am writing to request a meeting with the two of you as soon as possible for the purpose of working out a
constructive solution to this matter. I believe it would be most helpful if Tom Carpenter and Director Michael
Keck could also attend and I have copied them on this memo. If you desire other staff members to attend that will
also be fine.
With the exception of the 8:00 to 8:30 time slot on Monday and the 8:00 to 10:30 time slot on Tuesday, I can
meet any time next week—the sooner the better. I will be prepared to offer a brief summary of where I
understand we are and to ask what my client needs to do in order to restore the best possible relationship with the
4/14/2009
Page 3 of 3
City.
I will hold my calendar open pending a response from your office. Thank you in advance for your cooperation
and please let me know as soon as possible when we can meet.
4/14/2009
taCity 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
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK
PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE
OR DEVELOPMENT OF LAND
DATE: March 24 2009
TO: Coalition of West Little Rock
ATTENTION: Mary Dornhoffer
ADDRESS: 6916 Westrid e Road
Roland AR 72135
REQUEST: Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z-5617-
A), a request for an extension of time for an a raved Planned Commercial Develo meet
to allow two additional years to the current a royal for submission of the final
development plan.
GENERAL LOCATION OR ADDRESS: located South of Kanis Road and Chenal
Parkway and West of the existing Kroger Shopping Center
OWNED BY/APPLICANT:_ Wisenhunt's —Robert Brown DICAgent
NOTICE IS HEREBY GIVEN THAT an application for a Planned Zo iing District of 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 at the Robinson Center,
located at the corner of West Markham Street and Broadway, Room 103, on April
30. 2009 at 4:00 P.M. You were previously notified of this application request. Thisitem
was deferred from the March 19, 2009, public hearing to this new hearing date. 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.
Tony Bozynski
Director of Planning and Development
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
March 20, 2009
Mr. Robert Brown
Development Consultants Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, AR 72212
Re: Shackleford Farms 30.8 Acres Long -form PCD Time Extension (Z-
5617 -A), located South of Kanis Road and Chenal Parkway and
West of the existing Kroger Shopping Center
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on March 19, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
X Deferred to the Aril 30 2009 Meeting.
Other:
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
RICHARD C. DOWNING, P.A.
A Professional Corporation
ATTO12nY AT LAW
80:1 W. Third Street
P.O. $o� 3585
LITTLE ROCK, ARKANSAS 72203
TSI JEPHONE: 501/372-2066
FAX: 5013764420
E-MAIL: rcdownina@dlDwning-lavv.com
March 10, 2009
Mr. Tom Carpenter
City Attorney
310 City Hall
500 West Markham
Little Rock, AR 72201
OF COUNSEL: JAMES & HOUSE, P.A.
VIA MAIL AND E-MAIL
Re:' Joe and'Margaret-Whisenhunt/Kirk:Road =
..
.
++ii.?h.•:�
•; 1... r� r. l.-. C. -• -•Jf •� _ .,`,-
Dear �. 1 ' - :}•i c+,>; :.` '_s.: fI''>>
'111. t:
c "a
Please allow this letter to reference your,•March 6;.2009 letter and_ - our, meeting -of MV rch -
10, 2009. in your letter, - you ekpressed the- City -of- Little. Rock's. concern.- regarding the
construction of the improvements to•Kirk Road. in particular-, whether or not.my,clients, Jae and
Margaret Whisenhunt, have performed per 'the requirements -of LRCS 19,558, 19560 and 19,561.
You also reference a rune 6, 2006 letter from Mr. Doug Robertson who is my clients' authorized
representative.
'Sohn, as you know, my clients believe they'have acted at -all. timep in•acc4dance with the
above referenced` ordinances. For a variety of reasons, most .of whrcl you; the staff and my
clients' representatives have previously articulated, the improvements have not been completed
as soon as was originally anticipated.
My clients are willing to state, without any admission they have not complied with the
above referenced ordinances, the public improvements to Kiri •Road north of • Chenal Parkwaiy
will be completed no latex than -July 1, 2009•. For purposes ¢f -this letter,, -completion shall ,ean
the date the. City of Little Rack Public Work states, to my clients,-.thp_: pnpro vements have been.
substantially completed. This statement shall be -made in writing to my clients try tYie City •cif
Lief le'Rock Public Works. If such substantial completion has not occurred by July 1, 2009; then
Joe and Marga--r_et _ Whisenhunt shall be liable, to the City of Little Rock, for the agreed upon
liquidated damage sum of. $100.04 per day, -after July 1,•2009 --or -such date subsequently agreed
by the City of Little Rock, until the -date of -substantial completion shall occur.
Mr. Tom Carpenter
March 10, 2009
Page 2
It is further noted that the date of July 1, 2009 is a'datew
and agreed to by my clients. My clients note that they are riot ible for "acts of
including inclement weather conditions, nor actions of others suc
and Margaret Whisenhunt co o complMROR
applicable utility companies. Joe g
2009. However, should the "acts of God" or the actions pu tc
Whisenhunt's performance, the Whisenhunts will immediate he matter
delaying their performance and request an extension of the July 1, 2009 date. Suc m
any, shall be at the sole discretion of the City of Little Rock; however, such extension shall not
,?�e,k11p�' :siIP
ld.
Please note my clients ate very proud to be a part of making these public improvements
to the City of Little Rock. As you may be aware, my clients have taken their responsibilities
very setiously and, on numerous occasions, made decisions regarding the improvements, which
exceed the requirements placed upon them per the above referenced ordinances. They currently
have expended in excess of 7.5 million dollars on the public improvements and the remaining
public improvements, not involving Kirk Road, separately, will exceed this amount. The City of
Little Rock's interest in the safety of its citizens will be well served by these public
improvements.
If• this letter correctly states the agreement made this morning in your office, please
acknowledge below.
?Rmh-8
cc: Doug Robertson
25,y,oc?
Richard C. Downing
APPROVED:
CITY OF LITTLE ROCK
Date:
Tom Carpenter, City Attorney
DEVELOPMENT
CONSULTANTS
INCORPORATED
March 13, 2009
Ms. Donna James
City of Little Rock
Planning and Development Division
723 West Markham Street
Little Rock, Arkansas 72201
RE: Shackleford Farms PZD Ordinance Extensions
DCI Project #06-115
Dear Donna:
Please accept this letter as our written notice to request a deferral of the applications for
time extensions for the following PZD ordinances:
1. Ordinance No. 19, 558 titled Shackeford Farms 30.8 Acres Long -Form PCD (Z-
5617 -A).
2. Ordinance No.19, 560 titled Shackleford Farms Long -Form POD (Z -4804-F).
3. Ordinance No. 19, 561 titled Shackleford Farms Long —Form PCD (Z -4807-G).
We are requesting this deferral due to a schedule conflict with the owner's legal counsel.
Please place these items on the agenda for the April 30, 2009 meeting of the Planning
Commission.
Please contact my office if you have any questions or require additional information.
Sincerely,
Development Consultants, Inc.
Robert M. Brown
Vice -President
Cc: Doug Robertson
Kemp Whisenhunt
G:2006\06-115\PIan ning\Documents\06-115w.doc
Engineering 0 Planning I Land Surveying 0 Landscape Architecture
2200 North Rodney Parham Road, Suite 220 • Little Rock, Arkansas 72212 • Telephone 501.221-7880 • Fax 501-221-7882
509 West Spring Street, Suite 135 • Fayetteville, Arkansas 72701 • Telephone 479.444.7880 • Fax 479-251.8210
From:Whisenhunt Investments 501 687 9401
RICHARD C. DOWNING, P.A.
A Professional Corporation
ATTORNEY AT LAW
801 W. Third Street
1> 0. Box 3585
LITI'LE ROCK, ARKANSAS 72203
TELEPHONE; 501/372.2066
FAD.: 56113764420
r -MAIL:
Maruh 10, 2009
Mr. Tom Carpenter
City Attorney
310 City Hall
500 West Markham
Little Rock, AR 72201
Re: Joe and Margaret Whisenhunt/Kirk Road
Dear Tone'
03/11/2009 14:03 #036 P.0021003
OF COUNSEL: JAMF,S & HO USI;, P.A.
VIA MAIM. AND E-MAIL
Please allow this letter to reference your March 6, 2009 letter and our meeting of March
10, 2009. In your letter, you expressed the City of Little Rock's cancrra regarding the
constmetion of the improvements to Kirk Road. In particular, wi ether or not my clients, Joe and
Margarct Whisenhunt, have performed per the requirements of LROs 19,558. 19560 and 19,551.
You also reference a June 6, 2006 letter from Mr. Doug Robertson who is my clients' authorized
representative.
Tom, as you know, my clients believe they have acted at all times in accordance with the
above referenced ordinances. For a variety of reasons, most of which you, the staff and my
clients' representatives have previously articulated, the improvements have not been completed
as soon as was originally anticipated.
My clients are willing to state, without any admission they have not complied with the
above referenced ordinances, the public improvements to Kirk Road north of Chenal Parkway
will be completed no later than July 1, 2009. For purposes of this letter, completion shall mean
the date the City of Little Rock Public Work states, to my clients, the improvements have been
substantially completed. This statement shall be, made in writing to my clients by the City of
Little Rock Public Works. If such substantial completion has not occurred by July 1, 2009, then
Joe and 'Margaret Whisenhunt shall be liable, to the City of Little Rock, for the agreed upon
liquidated damage sure of $100.00 per day, after July 1, 2009 or such date subsequently agreed
by the City of Little Rock, until the date of substantial completion shall occur.
VO/60 3JGd Alld AlI3 5L9PTLET05 99:tT 600Z/TT/E0
From:Whisenhunt investments
Me. Tum Carpenter
Marek 10, 2009
Page 2
501 687 9401 03111/2009 14:04 #036 P.003l003
It is further noted that the date of July 1, 2009 is a date which was voluntarily provided
and agreed to by my clients. My clients note that they are not responsible for "acts of God",
including inclement weather conditions, nor actions of others such as the relocation of utilities by
applicable utility companies. Joe and Margaret Whisenhunt commit to completion by July 1,
1009. However, should the "acts of God" or the actions of public utilities prevent the
Whisenhunt's performance, the Whisenhunts will immediately advise you of the matters
delaying their performance and request an extension of the July 1, 2009 elate. Such extension, if
any, shall be at the sole discretion of the City of Little Rock; however, such extension shall not
be unreasonably withheld.
Please note my clients are very proud to be a part of making these public improvements
to the City of Little Rock, As you may be aware, my clients have taken their responsibilities
very seriously and, on numerous occasions, made decisions regarding the improvements, which
exceed the requirements placed upon them per the above referenced ordinances. They currently
have expended in excess of 7.5 million dollars on the public improvements and the remaining
public improvements, not involving Kirk Road, separately, will exceed this amount. The City of
Little hock's interest in the safety of its citizens will be well served by these public
improvements_
If this letter correctly states the agreement made this morning in your office, please
acknowledge below.
RCDAs
cc: Doug Robertson
Vrry truly you
Richard C. Downing
APPROVED:
CITY OF LITTLE ROCK
By:
flak:
Tom Carpenter, City Attorney
b0/b0 39vd AiiV AiI0 5L9VUCT09 99:bt 600Z/ZZ/E0
RICHARD C. DOWNING, P.A.
A Professional Corporation
ATTORnY AT LAW
$0 W. TWO Street
P.O. $6t 3585,
LITTLE ROCK, ARKANSAS 72203
T-kLEPHONE. 501/372-2066
FAX: 501/376;6420
E-MAIL: rc ownina@downing-law-com
March 10, 2009
Mr. Tom Carpenter
City Attorney
310 City Hall
500 West Markham
Little Rock, AR 72201
OF COUNSEL: JAMES 2& HOUSE, P.A.
VIA MAIL AND E-MAIL
Re:' :Joe and Margaret Whisenhunt/Kirk. Road
DcaiTbm"
t _ - - ��: _..',. �:4^". ;: �; ... .. _�_ � ;zti=
Please allow -this letter to reference YOUP:March_, 6;_ 2009 letter and- 0 ur, meeting I 'of March -
i0, 2005. In your letter, you ekpressed the- City .d.lattle Rack's concern regarding the
- si
construction of the improvements to Kirk Road. In particular,- whether or not.m.y�client" foe . . an'd.
Margaret Whisenhunt, have performed per -the requirements of LROs 1.9,.5 5 8, 1956O.and 19,56 1
You also reference a June 6, 2006 letter from Mr. Doug Robertson who is my clients' authorized
representative.
Tom, as you know, my clients be1iove thc�y.,,have acted. at all, firnq in - accq�dance with the
above referenced ordinances. Fora- variety of reasons, most of -:which you, the stad And my
clients' representatives have previously articulated, the improvements have not -been: completed
ompleted
as soon as was originally anticipated.
My clients are willing 'to state, without any admission they have not complied with the
above referenced ordinances, the public improvements to Kirk. Road .north pf Chenal Parkw4y
. _. ; :
Will be completed no later than -July 1, 2009. For purposesof4his letter,. completion shal).mean
the date the-, Cityof-Littl-6.R6ck Public Work states., to in �cl i�ts,,,thQ.-imprc)v.einent-shavebeeh
substantially completed. This statement shall be -made in writing to. my clients by 6
City' f
.itf16, Rock . ,-Pub . lie Works. 'If such substantial completion has not occurred by July 1, 20091 then
Joe and Margaret Whis.enhunt shall be liable, to the City of Little Rock, for the agreed upon
liquidated damage sum of $ 100.00 per day, 4fter July uly L'2009 -OT such date subsequently agreed
by the City of Little Rock, until the-date'of substantial compl6tion shall occur.
Mr. Tom Carpenter
March 10, 2009
Page 2
It is further noted that the date of July 1, 2009 is a date wfor -
and agreed to by my clients. My clients note that they are not ible far "acts of
including inclement weather conditions, nor actions of others such ri4 ti.
applicable utility companies. Joe and Margaret Whisenhunt co ❑completion Ji s'
2009. However, should the "acts of God" or the actions pu 1c
Whisenhunt's performance, the Whisenhunts will immediate - e matter
delaying their performance and request an- extension of the July 1, 2009 date. Suc
any, shall be at the sole discretion of the City of Little Rock; however, such extension shall not
r,.Withbeld.
Please note my clients are very proud to be a part of making these public improvements
to the City of Little Rock. As you may be aware, my clients have taken their responsibilities
very seriously and, on numerous occasions, made decisions regarding the improvements, which
exceed the requirements placed upon them per the above referenced ordinances. They currently
have expended in excess of 7.5 million dollars on the public improvements and the remaining
public improvements, not involving Kirk Road, separately, will exceed this amount. The City of
Little Rock's interest in the safety of its citizens will be well served by these public
improvements.
Il this letter correctly states the agreement made this morning in your office, please
acknowledge below.
cc: Doug- Robertson
X5D
Richard C. Downing
CITY OF LITTLE ROCK
Date:
Tom Carpenter, City Attorney
Page 1 of 1
James, Donna
From: Jeff Yates [JYates@irwinpartners.com]
Sent: Thursday, March 05, 2009 1:44 PM
To: Carney, Dana; Bozynski, Tony; James, Donna
Subject: FW: Kirk Road
Same as previous note.
From: Charles W. Logan [mailto:logan@arkansasurology.com]
Sent: Thursday, March 05, 2009 10:50 AM
To: Mike Davidson
Cc: 'John Denny'; lee@smilearkansas.com; pcoffield@deta-trust.com; 'Michael Keck'; 'Hood, Mike'; Jeff Yates
Subject: Re: Kirk Road
I am the owner of the property where mike davidson runs his auto repair business and we are very unhappy with the
efforts to complete the kirk road shackelford-150 project related to the construction of the Fellowship BIBLE CHURCH -
and adjoining property --we strongly encourage the city of little rock to take an aggressive approach with the contractors
and developers of this project—please finish the kirk road project without further delay --we have been surving by the
hardist with all the dust and mud for well over a year ---CHARLES W LOGAN MD
3/5/2009
Page 1 of 1
James, Donna
From: Jeff Yates [JYates@irwinpartners .com]
Sent: Thursday, March 05, 2009 1:43 PM
To: Carney, Dana; James, Donna; Bozynski, Tony
Subject: FW: Kirk Road
Tony, Dana & Donna:
I am passing along this note regarding Kirk Road. I believe it is self-explanatory.
Thanks,
Jeff Yates
From: Mike Davidson [mailto:miked@parkway-automotive.com]
Sent: Thursday, March 05, 2009 10:10 AM
To: clogan@arkansasurology.com; 'John Denny'; lee@smilearkansas.com; pcoffield@deta-trust.com
Cc: 'Michael Keck'; 'Hood, Mike'; Jeff Yates
Subject: Kirk Road
I want to write to you and ask you to join me in keeping the development of Kirk Road in the minds of our City
Board. As you know Kirk Road was scheduled to be completed May of 2008. It was extended to November of
2008. Neither of these deadlines has been met. The City Attorney recently sent a letter of enforcement to the
developer. Their reply I have attached for your reading. It seems they are giving more of the same. In their reply
they indicate that the road will be completed by the end of April. Based on past performance and the current
condition of the road, eight weeks is less than realistic.
We all understand the importance of development and progress. We also understand there is usually some short
term negative impact that results in long term positive gain for a retail business. However, the project has taken
entirely too long. The negative impact has taken its toll on my business in ways that cannot be measured. Access
to Dr Wyant's office and Delta Banat has been limited along with huge holes in their property. And for the past two
years there have only been two men working consistently on the project, hardly enough to get it done in a timely
manner.
1 am requesting that the city Board levy fines on the developer if deadlines are not met. At the very least
the granting of the PDC extension should be denied until the road is completed.
Please join me in making our voice heard by the people who need to hear. If you know any city board members
please contact them. Contact the Mayor, Mike Hood the city engineer and Michael Keck who is an elected official
over this ward.
I have cc this letter to Mike hood, Michael Keck and Jeff Yates.
Mike Davidson
501-821-6111
Parkway Automotive Services
www. arp kwayai,tom veve.net
3/5/2009
Pagel of 2
James, Donna
From: Bozynski, Tony
Sent: Saturday, February 28, 2009 8:02 AM
To: James, Donna; Carney, Dana
Subject: FW: Shackleford 150
ma
-----Original Message -----
From: Jeff Yates[mailto:JYates@irwinpartners.com]
Sent: Friday, February 27, 2009 7:10 PM
To: Hood, Mike
Cc: Bozynski, Tony; mkeck@stvincenthealth.com
Subject: RE: Shackleford 150
Mike,
It may just be me, but if the utility companies share in the delay OR are being blamed for the delay (either way)
seems like they really ought to be quizzed as to what their roles are and what they are or will be doing to
cooperate.
Perhaps Mr. Bozynski, Mr. Beck or Mr. Moore would like to invite all the utility companies to attend the Planning
Commission Public Hearing on the Shackleford application. I am positive I would have some questions for each
of the utilities to answer. The responses from the utilities would be very relevant and likely to affect my decision
on the applicant's request.
Thanks,
Jeff Yates
From: Hood, Mike [mailto:Mhood@littlerock.org]
Sent: Fri 2/27/2009 4:16 PM
To: Mike Davidson
Cc: Jeff Yates
Subject: FW: Shackleford 150
Mike, I wanted to update you on this. After review of the record by the City Attorney's office, 1 sent out a Notice of
Violation to the developer. Attached is the response from the engineering firm. According to this schedule, Kirk
Road will be done at the end of March followed immediately with work on Chenal. Once again, I think it may be
overly optimistic, but I could be proven wrong.
sent this on to the City Attorney's office for their evaluation. I have been told by Planning that they may need to
appear betore the Planning Commission for an extension to their PCD since none of the property outside the
Fellowship site has developed. That may do more to get the job underway than issuing a citation for a
misdemeanor offence.
Anyway, I'll send an update when I have something to report.
From: Gaila Adcock [mailto:gailaa@dci-Ir.com]
Sent: Thursday, February 26, 2009 5:09 PM
To: Hood, Mike
Subject: Shackleford 150
3/2/2009
Page 2 of 2
From: DCI [mailto:copier@dci-Ir.com]
Sent: Thursday, February 26, 2009 5:13 PM
To: Gaila Adcock
Subject: Attached Image
3/2/2009
Page 1 of 1
James, Donna
From: Mann, Bill
Sent: Saturday, February 28, 2009 12:25 PM
To: Hood, Mike; Beck, Steve; Loe, Ronny; Floriani, Vince; Hall, Mel; Dawson, Cindy; Carpenter, Tom
Cc: Bozynski, Tony; James, Donna
Subject: RE: Shackleford 150
Tom -
This is the matter Director Keck has questioned you about. Attached to Mike Hood's e-mail is
the response of Whisenhunt's engineers to the notice of violation that was sent. In addition, Donna
James notified us on February 20 that the Whisenhunts are requesting an extension of the deadline to
submit the final plan for the conceptual planned developments. In her e-mail, that I forwarded you on
February 20, she notes that the request is to go before the Planning Commission on March I9. The
agenda goes out one week before and must be to the print shop by March 10. She has asked what staffs
position will be on the request so that it can be included in the write-up. If management is inclined to
seek revocation of the approval for the developments, we need to know.
Since this has reached the level of Director Keck, do you think it is appropriate to meet with
Bruce and see how he wants to go. As I see it, there is nothing left to do until we know how
management wants to proceed. Maybe if the Whisenhunts are informed that management intends to seek
revocation as a remedy, they might speed up the work. Please let us know how you think we should
proceed on this.
Bill
William C. Mann, III
Chief Deputy City Attorney
City of Little Rock
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Tel. (501) 371-4815
3/2/2009
I:)E VE LOPMENT
CONSULTANTS
INCORPORATED
February 26, 2009
Mr. Mike Hood
City of Little Rock
Engineering Division
701 West Markham
Little Rock, Arkansas 72201
RE: Shackleford 150
Dear Mike:
This letter is in response to the "Notice of Violation" previously sent by your office. The response
is to let you know where the project stands and how it will be completed.
As you know the roundabout went through some design modifications and while these were being
prepared our contractors moved offsite to do other work. Those modifications are complete and
between weather and getting our contractors remobilized the work has started again.
Drainage adjustments have been completed to allow for the modifications and our dirt contractor
has started with the grade changes as well. As soon as that work is complete curb & gutter will
be installed along with the paving. Those subcontractors are waiting to perform right now.
We anticipate having road work complete north, east and west of the roundabout by the end of
March. The remainder of the work south to Chenal should be completed by the end of April
provided that Entergy relocates their poles in a timely manner. That work still has not been done.
Landscaping is progressing and would be completed shortly after those dates,
Concerning the improvement plans for Chenal and Kanis the only item staff had to modify from
the plans submitted was the use of the "Type A" inlet, which we removed from the plans as
requested. I was not aware that anything else was required at this time, but I will forward the
plans to you with the inlets removed. We are in the process of obtaining the R.O.W from an
adjacent owner in order to build the Kanis improvements. There are some utility adjustments
required for this work and we are proceeding with trying to get those adjustments completed. As
soon as the utilities have been adjusted we will move forward with contractors to build the
improvements.
If there are any other questions, please feel free to contact me.
Sincerely,
Development Consultants, Inc.
Mark L. Wright '
Oresident
G:2006\06-115\co nstructio n\06115a. doc
Engineering e Planning • band Surveying 0 1, uulscape Architecture
2200 North Rodney Parham Road, Suite 220 ° Little Rock, Arkansas 72212 0 Telephone 501.221.7880 - Fax 501.-221.7882
509 West :Sprint; Strect, Suite. 135 ° Fayetteville, Arkansas 72701 1 'T'elephone 4794.54.7SSO - Fax 479.2:51.8,210
DEVELOPMENT
CONSULTANTS
INCORPORATED
February 12, 2009
Ms. Donna James
City of Little Rock
Planning and Development Division
723 West Markham Street
Little Rock, Arkansas 72201
RE: Shackleford Farms PZD Ordinance Extensions
DCI Project #06-115
Dear Donna:
Please accept this letter as our written request for a two year extension of time for the
following PZD ordinances:
1. Ordinance No. 19, 558 titled Shackeford Farms 30.8 Acres Long -Form PCD (Z-
5617 -A).
2. Ordinance No.19, 560 titled Shackleford Farms Long -Form POD (Z -4804-F).
3. Ordinance No. 19, 561 titled Shackleford Farms Long —Form PCD (Z -4807-G).
Please contact my office if you have any questions or require additional information.
Sincerely,
Consultants, Inc.
Robed W. Brown
Vice -President
Cc: Doug Robertson
Kemp Whisenhunt
G:2006\06 -115\P Ian ning\Documents\06-115v.doc
Engineering Planning e Land Surveying Landscape Architecture
2200 North Rodney Parham Road, Suite 220 • Little Rock, Arkansas 72212 • Telephone 501-221-7880 • Fax 501-221-7882
509 West Spring Street, Suite 135 • Fayetteville, Arkansas 72701 • Telephone 479-444-7880 • Fax 479-251.8210
City of Little Rock
Department of Planning and Development Planning
723 W'5'
s t Zoning and
lime RoMr P?OP1 JAL1C HEARING BEFORE THE LITTLE ROCK
Pho p.. A?�NJWaC�I�ai�7A6REQUEST FOR A USE CHANGE Subdivision
OR DEVELOPMENT OF LAND
DATE: FebruM 10 2009
TO: Coalition of West Little Rock
ATTENTION: Mary Domhoffer
ADDRESS: 6916 Westridjae Road
Roland AR 72135
REQUEST: Shackleford Farms 30.8 Acres Long -form PCD Time Extension Z -5617-
A a request for an extension of time for an approved Planned Commercial Development
to allow two additional years to the current approval for submission of the final
development plan _
GENERAL LOCATION OR ADDRESS: located South of Kanis Road and Chenal
Parkway and West of the existing Kroger Shopping Center
OWNED BY/APPLICANT: Wisenhunt's — Robert Brown DIC Agent
NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Develo nneiit
of 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 March 19, 2009at 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.
Tony Bozynski
Director of Planning and Development
taCity of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
i'hane: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
January 9, 2009
Mr. Lance Hines
409 Wellington Woods Loop
Little Rock, AR 72223
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for
your participation in the June 11, 2009, Commission meeting. It is very important
to the City staff and the Planning Commission to have citizen input in the
planning decision-making process.
*Shackleford Farms 30.8 Acres Long -form PCD Time Extension, (Z -5617-A)
located South of Kanis Road and Chenal Parkway and West of the existing
Kroger Shopping Center, *Shackleford Farms Long -form POD Time Extension
(Z -4807-F), located North of Wellington Hills Road and West of the Villages of
Wellington Subdivision, *Shackleford Farms Long -form PCD Time Extension (Z-
4807 -G), located South of Wellington Hills Road and East of Kirk Road was
deferred by the Commission to their July 23, 2009, public hearing. For additional
information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Conditional and Tower Use Permits — Dana Carney
Future Land Use Plan Amendments — Walter Malone
Rezoning and Zoning Variance — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Thank you again for your input.
Sincerely,
Tony Bozynski
Secretary to Little Rock Planning Commission
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 371-6663
January 9, 2009
Mr. Mike Davidson
708 Kirk Road
Little Rock, AR 72223
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for
your participation in the June 11, 2009, Commission meeting. It is very important
to the City staff and the Planning Commission to have citizen input in the
planning decision-making process.
*Shackleford Farms 30.8 Acres Long -form PCD Time Extension, (Z -5617-A)
located South of Kanis Road and Chenal Parkway and West of the existing
Kroger Shopping Center, *Shackleford Farms Long -form POD Time Extension
(Z -4807-F), located North of Wellington Hills Road and West of the Villages of
Wellington Subdivision, *Shackleford Farms Long -form PCD Time Extension (Z-
4807 -G), located South of Wellington Hills Road and East of Kirk Road was
deferred by the Commission to their July 23, 2009, public hearing. For additional
information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Conditional and Tower Use Permits — Dana Carney
Future Land Use Plan Amendments — Walter Malone
Rezoning and Zoning Variance — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Thank you again for your input.
Sincerely,
Tony Bozynski
Secretary to Little Rock Planning Commission
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
January 9, 2009
Mr. John Denny
Fellowship Bible Church
1401 Kirk Road
Little Rock, AR 72223
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for
your participation in the June 11, 2009, Commission meeting. It is very important
to the City staff and the Planning Commission to have citizen input in the
planning decision-making process.
*Shackleford Farms 30.8 Acres Long -form PCD Time Extension, (Z -5617-A)
located South of Kanis Road and Chenal Parkway and West of the existing
Kroger Shopping Center, *Shackleford Farms Long -form POD Time Extension
(Z -4807-F), located North of Wellington Hills Road and West of the Villages of
Wellington Subdivision, *Shackleford Farms Long -form PCD Time Extension (Z-
4807 -G), located South of Wellington Hills Road and East of Kirk Road was
deferred by the Commission to their July 23, 2009, public hearing. For additional
information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Conditional and Tower Use Permits — Dana Carney
Future Land Use Plan Amendments — Walter Malone
Rezoning and Zoning Variance — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Thank you again for your input.
Sincerely,
Tony Bozynski
Secretary to Little Rock Planning Commission
NOTICE OF PUBLIC HEARING BEFORE THE LI'TTLE'ROCK PLANNING COMMISSION
ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT
TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT:
GENERAL LOCATION OR ADDRESS: located South of Kanis Road and Chenal Parkway and West of the
existing Kroger Shopping Center
OWNED BY/APPLICANT: Wisenhunt's —Robert Brown. DIC Agent
REQUEST: Shackleford Farms 30.8 Acres Long -form PCD Time Extension Z -5617-A a request for an
extension of time for an M12roved Planned Commercial Development to allow two additional ears to the
current approval for submission of the final development plan.
NOTICE IS HEREBY GIVEN THAT an application for Planned Zonin Develo meat of 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, 500 West Markham Street, second floor, City Hall,
on March 19 2009 at 4:00 P.M. This notice is provided in order to assure that area residents are aware of
issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna
James) at 371-4790.
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION
ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT
TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT:
GENERAL LOCATION OR ADDRESS: located South of Kanis Road and Chenal Parkway and West of the
existing Kroger Shopping Center
OWNED BY/APPLICANT: Wisenhunt's — Robert Brown DIC Agent
REQUEST: Shackleford Farms 30.8 Acres Long -form PCD Time Extension Z -5617-A a r uest for an
extension of time for an ApRroved Planned Commercial Development to allow two additional years to the
current a roval for submission of the final development plan.
NOTICE IS HEREBY GIVEN THAT an application for Planned Zoning Development of 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, 500 West Markham Street, second floor, City Hall,
on March 19 2409 at 4:00 P.M. This notice is provided in order to assure that area residents are aware of
issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna
James) at 371-4790.
BPADD_UNI VANITY
ADDRESS
UNIT ZIPCITY STATE
ZIP
Z -5617-A
Chenal Dentistry
16524 CHENAL PKY
LITTLE ROCK AR
72223
Z -5617-A
Delta Trust Investments
16600 CHENAL PKY
LITTLE ROCK AR
72223
Z -5617-A
M & G Pizza Enterprises
17200 KANIS RD
LITTLE ROCK AR
72223
Z -5617-A
Rivercity Energy
16800 CHENAL PKY
LITTLE ROCK AR
72223
Z -5617-A
Xtreme Pizza Inc
17200 KANIS RD
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
17200 KANIS RD
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
17205 KANIS RD
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
17201 KANIS RD
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
16601 CHENAL PKY
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
17301 KANIS RD
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
16111 CHENAL PKY
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
15 EDSWOOD CT
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
16810 CHENAL PKY
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
16820 CHENAL PKY
LITTLE ROCK AR
72223
Z -5617-A
OCCUPANT
16900 CHENAL PKY
LITTLE ROCK AR
72223