HomeMy WebLinkAboutZ-02638-D Applicationtrpzd.doc
APPLICATION FOR
PLANNED ZONING DEVELOPMENT-LONG FORM
CASE FILE NO. Z-J..(/)'~ --0
PLANNING COMMISSION MEETING DOCKETED FOR 0 (\. ~Q \ ';;} Q \4
at i:oo p.m .
03/01/10
Application is hereby made to the Board of Directors of Little Rock, Arkansas thro ugh the Planning
Commission pursuant to Arkansas law on City planning, Act 186 of 1957, Acts of Arkansas , and Section
36 of the Little Rock Code of Ordinances as amended, petitioning for clas sification of the following
described area as a Long Form Planned Development.
LegalDescription :T\.\X: )Jg;>R\\-\ ;)oo• 0~ 'T~~<..T :l4 1 A~~ P~RT E)r
TP.ft..(J 0}5, J.EI6H { BUJLER ~tRI::~ SuBiYtv.t~IoN, l:.~ THE
CtTY oj: LUTlE' Ru<.\<.1 YUl..~~KI <Cw.;TY1 r..fh<.At.Jbt\~1 DES.C..UAED
A.~: BeGitJ...,:t!Jb AT J'HE. tVW C.OP.tvi!R oF SAl.t) \~ll\.<.1' .26; THENc.£
!>85°S3'E .A.LOAJG JHi: NoQ.1t\ l.l,t.JE" o'F ~11\xD '~"t:r<i> !l.S; ~+J c.sr.&'
'Tc "l~ ~g CoR._,E A. o~ ~1\'l:D "t"i.f"o(.\ ~4j THEtJ~E SouTl+ "-Lo~G THE:
( ~iE Su.~\1£\' f"oR. <.ot'o\?LElE 1-E.E>Al )"
Title to this property is vested in : T f T tJ E ~ Tc R \:tv \<..Q Y({Q rE RT I E.~ LL <..
If an individual other than the title holder files this application, attachment of a letter is required
authorizing this person to act on behalf of the title holder.
It is desired that the boundaries shown on the District Map bc,amendcd and that this area be amended
and that this area be reclassified from the present _ _,:I:..__· _,~~~'---'0=-·~3...._ _______ District
to -------'P.......,r..__,~'"----------District.
Present Use of Property: "!.tvCU~ \ & l." L € u~ 'DE.\JELo?E 0
Desired Use of Pro perty : I: t-.l Cu.~\~ 'I. II\ L
It is understo od that notice of the public hearing hereon before the Little Rock Planning Commission
will be published at least fifteen ( 15) days prior to said hearing in a daily newspaper as required by Act
186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary
hearing before the Commission must be circulated by the applicant to all other parti es in interest,
including owners of land within 200 feet of the boundary of the area under consideration as required hy
the rules of the Commission, and that the cost of these notices shall be borne by the applicant.
(OWNE R )~T+.T N~skreJ t.u ?ro peri,es~ADDRESS : .pa. Box. 4255, LI\'.A~ 7ZZ.I'-f •
or (AGENT) t\~Q..L~Q £\J(lltJEf:<J~OME PHONE: SO l 8ft:;'8-'877 2..
BUSINESS PHONE: SO I S"{pS""~" 700
Collectors
P.C. APPROVED: _ ____;,t_O__,_{?rlLJ.I.._t-{ L.\J ~.f---. ___ _
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FILING FEE:
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City of Little Rock
Planning and Development
Filing Fees
Date C[~ Q , 20__j!£_
Annexation
Board of Adjustment
Cond Use Permitff UP
Final Plat
Planned Unit Dev
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Site Plans
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City of Little Rock
Planning and Developmerif
Filing .Fees
Date -=-~~--'
Annexation
Board of Adjustment
Cond Use Permitff UP
Final Plat
Planned Unit Dev
Prelimina1 y Plat
Special Use Permit
Rezoning
Site Plans
Sueet Name Change
Street Name Signs
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Area Zoning
Case: Z-2638-D N
Location: 5502 West 65th ST A
Ward: 2
PO: 13 0 125250 500 Feet
CT: 20.02
TRS: T1 N R12W30
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Land Use Plan
case: Z-2638-D N
Location: 5502 West 65th ST A
Ward: 2
PD: 13 0 125250 500 Feet
CT: 20.02
TRS: T1N R12W30
I Z-2638-D
EXISTING
METAL
BUilOING
PART OF
TRACT 25
"'1'ElOi< It IIU'IID! '
AOIES 9JBCMSON
NEW CXINQ~t::re---1):;
~AI/EioiENT
30' ACCESS & UnUTY EASEMENT
INSTRUIIEN T I 201 I 048028
DA TEO AUG. I 6, 201 I
CURnS J . &
PATSY 0. JONES
ZONED C-4
FENCE W/ GATE
L
5502 WEST 65TH STREET
"' I..AHDSCAPE STRIP TO 8E OOHS'lRIJCIED
IN PHASE 2
(PRESERI/E AS MANY EXJSnN
TREES 6" CAUPER OR
AS FEASIBLE FOR CREDIT TO
LANDSCAPE ORDINANCE)
PID
City of Little Rock
Department of Planning and Development
723 West Markham Street
UtUe Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
December 29, 2014
Marlar Engineering
5318 John F. Kennedy Boulevard
North Little Rock, AR 72116
Planning
Zoning and
Subdivision
Re: Hillcrest Camshaft Short-form PID (Z-2638-D), located at 5502 West 65th
Street
Dear Sir:
Enclosed please find a copy of an Ordinance adopted by the Board of Directors
at their December 2, 2014, Public Hearing approving a Planned Development
Hillcrest Camshaft Short-form PID (Z-2638-D), located at 5502 West 65th Street.
If you have any questions concerning these ordinances, please feel free to call
me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
2014071709 Rece1ved: 1214/2014 2:57 42 PM
Recorded: 12.104,2014 03 :21 ·30 P'v1 Filed &
Recorded in Official Records of Larr'l Crane.
PIJLASKI COUr-lTY CIRCUIT/COUNTY CLERK
ORDINANCE NO. 20 ,966 ~5 520 00
ORDINANCE APPROVE A PLANNED ZONING DEVELOPMENT
4 AND ESTABLISH A PLANNED INDUSTRIAL DISTRICT TITLED
5 HILLCREST CAMSHAFT SHORT-.FORM PID (Z-2638-D), LOCATED AT
6 5502 WEST 65TH STREET, LITTLE ROCK, ARKANSAS, AMENDING
7 THE OFFICIAL ZONING MAP OF' THE CITY OF LITTLE ROCK,
8 ARKANSAS; AND FOR OTHER PURPOSES.
9
10 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
11 ARKANSAS.
12 SECTION 1. That the zoning classification of the following described property be changed from 0-
13 3, General Office District, and 1-2 , Light Industrial District to PID, Planned Industrial District:
14 The north 200 feet of Tract 24, and part of Tract 25, Leigh and Butler Acres
15 Subdivision in the City of Little Rock, Pulaski County, Arkansas, described as:
16 Beginning at the NW corner of said Tract 25; thence S89°53' E along the north line of
17 said Tracts 25 & 24, 656.8 feet to the NE corner of said Tract 24; thence south along
18 the east line of Tract 24, 200 feet; thence N89°53"W, 328.4 feet to the east line of Tract
19 25; thence south along the east line of Tract 25, 99.22 feet; thence N89°53'W, 100.0
20 feet; thence south 308.17 feet to the north right-of-way line of West 35'h Street; thence
21 N89°5l '30"W, along said north rigbt-of-way 228.4 feet to the west line of Tract 25;
22 thence north along west line of Tract 25,607.29 feet (described 607.0 feet) to the point
23 of beginning.
24 SECTION 2. That the preliminary site development plan /plat be approved as recommended by the
25 Little Rock Planning Commission .
26 SECTION 3. That the change in zoning classification contemplated for Hillcrest Camshaft Short-
27 Form PID (Z-2638-D), located at 5502 West 65 1h Street is conditioned upon obtaining a final plan approval
28 within the time specified by Chapter 36, Article Vri , Section 36-454 (e) of the Code of Ordinances.
29 SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little
30 Rock, Arkansas , and designated district map be and is hereby amended to the extent and in the respects
31 necessary to affect and des ignate the change provided for in Section I hereof.
32 SECTION 5. That this ordinance shall not take effect and be in full force until the final approval of
33 the plan .
JPage I of21
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5
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SECTION 6. 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 7. 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.
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PASSED: December 2, 2014
16 Thomas M. Carpenter, City
17 II
18 II
19 II
20 II
21 II
22 II
23 II
24 II
25 II
26 II
27 II
28 II
29 II
30 II
31 II
32 II
33 II
34 II
35 II
(Page 2 of21
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Case: Z-2638-D
Location: 5502 West 65th ST
Ward: 2
PO : 13 () 125250
CT: 20.02
TRS: T1 N R 12W30
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500 Feet
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Land Use Plan
Case: Z-2638 -D
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Location: 5502 West 65th ST
Ward: 2
PO : 13 0 125250
CT: 20 .02
TRS : T1 N R 12W30
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500 Feet
Z-2638-D • 5502 WEST 65TH STREET • PID ml
City of Little Rock
Department of Planning and Development
723 West Markham Street
Uttle Rock, Arkansas 72201-1334
Phone : (501) 371-4790 Fax : (501) 399-3435 or 371 -6863
November 4, 2014
Marlar Engineering
5318 John F. Kennedy Boulevard
North Little Rock , AR 72116
Planning
Zoning and
Subdivision
Re : Hillcrest Camshaft Short-form PID (Z-2638-D), located at 5502 West 65th Street
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
October 30, 2014:
Approved with conditions.
X Recommended approval with conditions .
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the _____ Meeting.
Other: -------
This item will be forwarded to the Little Rock Board of Directors for final action. Staff is
requesting the item to be placed on the December 2, 2014, Board of Directors agenda. This
date cannot be confirmed until the City Manager sets the agenda at his November 17, 2014,
staff meeting. Please contact me prior to the December 2nd meeting date to confirm your
item was placed on the Board's agenda. You or your representative will need to be present
at the Board of Directors meeting to address any questions which may arise. The meeting
begins at 6:00 pm and is held in the Board of Directors Chambers, 500 West Markham
Street, 2nd floor. If you have any questio ns please do not hesitate to contact me at 371-6821 .
Respectfully,
Donna James, AICP
Subdivision Administrator
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
DECEMBER 2, 2014 AGENDA
Subject
An Ordinance establishing
a Planned Zoning District
titled Hillcrest Camshaft
Short-form PID (Z-2638-
D), located at 5502 West
65 1h Street.
Submitted by:
Department of Planning
and Development
Action Required
-v'Ordinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
City Manager
SYNOPSIS The request is rezoning of the site from 1-2, Light
Industrial District and 0-3, General Office District to PID
to allow the redevelopment of the site with two (2)
additional warehouse buildings.
FISCAL IMP ACT None.
RECOMMENDATION Staff recommends approval of the requested PID zoning.
CITIZEN
PARTICIPATION
The Planning Commission voted to recommend approval
of the PID zoning by a vote of 11 ayes, 0 noes and
0 absent.
The Planning Commission reviewed the proposed PID
request at its October 30, 2014, meeting. There were no
registered objectors present. All property owners located
within 200-feet of the site along with the Wakefield
Neighborhood Association and Southwest Little Rock
United for Progress were notified of the Public Hearing.
BACKGROUND The request is rezoning of the site from 1-2, Light Industrial
District and 0-3, General Office District to PID to allow
the redevelopment of the site with two (2) additional
warehouse buildings. The applicant has removed from the
request the allowance of a driveway from this development
extending to Lancaster Road.
Building 1 is proposed containing 17,000 square feet of
floor area located 50-feet from the northern property line.
The second building is proposed containing 15,000 square
feet of floor area also located 50-feet from the north
property line. The buildings will be constructed in phases.
Please see the attached Planning Commission minute
record and site plan for the applicant's specific
development proposal and the staff analysis and
recommendation.
2
1
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3
4
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6
7
8
9
10
ORDINANCE NO. _____ _
AN ORDINANCE APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED
INDUSTRIAL DISTRICT TITLED HILLCREST CAMSHAFT
SHORT-FORM PID (Z-2638-D), LOCATED AT 5502 WEST 65TH
STREET, LITTLE ROCK, ARKANSAS, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK;
AND FOR OTHER PURPOSES.
11 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
12 ROCK, ARKANSAS.
13
14 SECTION 1. That the zoning classification of the following described property
15 be changed from 0-3, General Office District and I-2, Light Industrial District to PID:
16
17
18
19
20
21
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23
24
25
26
27
28
29
30
31
The north 200-feet of Tract 24, and part of Tract 25, Leigh and Butler
Acres Subdivision in the City of Little Rock, Pulaski County,
Arkansas described as: Beginning at the NW corner of said Tract 25;
thence S89°53'E along the north line of said Tracts 25 & 24, 656.8-feet
to the NE corner of said Tract 24; thence south along the east line of
Tract 24, 200-feet; thence N89°53"W, 328.4-feet to the east line of
Tract 25; thence south along the east line of Tract 25, 99.22-feet;
thence N89°53'W, 100.0-feet; thence south 308.17-feet to the north
right of way line of West 35th Street; thence N89°51 '30"W, along said
north right of way 228.4-feet to the west line of Tract 25; thence north
along west line of Tract 25, 607.29-feet (described 607.0-feet) to the
point of beginning.
Page 1 of3
1 SECTION2. That the preliminary site development plan/plat be approved as
2 recommended by the Little Rock Planning Commission.
3 SECTION 3. That the change in zoning classification contemplated for Hillcrest
4 Camshaft Short-form PID (Z-2638-D), located at 5502 West 65th Street is conditioned upon
5 obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section
6 36-454 (e) ofthe Code of Ordinances.
7
8 SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances
9 of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to
1 0 the extent and in the respects necessary to affect and designate the change provided for in
11 Section 1 hereof.
12
13 SECTION 5. That this Ordinance shall not take effect and be in full force until
14 the final approval of the plan.
15
16 SECTION 6. Severability. In the event any title, section, paragraph, item,
17 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
18 unconstitutional, such declaration or adjudication shall not affect the remaining portions of
19 the ordinance which shall remain in full force and effect as if the portion so declared or
20 adjudged invalid or unconstitutional was not originally a part of the ordinance.
21
22 SECTION 7. Repealer. All laws, ordinances, resolutions, or parts of the same
23 that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of
24 such inconsistency.
25
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29
30
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Page 2 of3
1 PASSED:
2
3 ATTEST: APPROVED:
4
5
6
7 City Clerk Mayor
8
9 APPROVED AS TO FORM:
10
11
12
13 City Attorney
14 II
15 II
Page 3 of3
Area Zoning
Case: Z-2638-D N
Location: 5502 West 65th ST A
Ward: 2
PD: 13 0 125250 500 Feet
CT: 20.02
TRS: T1N R12W30
Land Use Plan
Case: Z-2638-D N
Location: 5502 West 65th ST A
Ward: 2
PO: 13 0 125250 500 Feet
CT: 20.02
TRS: T1N R12W30
I Z-2638-D
FENCE
EXISTING
METAL
BUllDIN.G
RE
FENCE
30' AtX£$5 &< UllUTY EASEMENT
INSTRUIIEN T I 2011 041!028
DAlEO AUG. 16, 2011
CURllS J. &<
PATSY 0. JONES
ZONED C-4-
FENCE W/ GA 1E
L
5502 WEST 65TH STREET PID G) I
FILE NO.: Z-2638-D
NAME: Hillcrest Camshaft Short-form PID
LOCATION: Located at 5502 West 65th Street
DEVELOPER:
Tim Nesterenko
5502 West 65th Street
Little Rock, AR 72209
ENGINEER:
Marlar Engineering
5318 John F Kennedy Boulevard
North Little Rock, AR 72116
AREA: 5.38 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: 1-2, Light Industrial District and 0-3, General Office District
ALLOWED USES: Light Industrial and General Office
PROPOSED ZONING: PID
PROPOSED USE: Retain the 1-2, Light Industrial District uses add two (2) additional
warehouse buildings to the site and rezone the 0-3, General Office District area to allow
semi-truck access to Lancaster Road
VARIANCE/WAIVERS: A variance from Sections 340-43 and 31-210 to allow the
driveway on Lancaster Road nearer the property lines than typically allowed per
ordinance.
A. PROPOSAUREQUEST/APPLICANT'S STATEMENT:
The request is rezoning of the site from 1-2, Light Industrial District and 0-3,
General Office District to PID to allow the redevelopment of the site with two (2)
additional warehouse buildings and allow the construction of an access drive
from the site to Lancaster Road. The access drive is woposed to allow
semi-truck access to an existing building located on West 65 1 Street. Cu rrent!~
the building along West 65 1h Street is served via an existing drive on West 651
FILE NO.: Z-2638-D (Cont.)
Street. According to the applicant maneuvering to the loading dock is difficult
and feels the placement of the access drive from Lancaster will better serve the
existing business.
Building 1 is proposed containing 17,000 square feet of floor area located 50-feet
from the northern property line . The second building is proposed containing
15,000 square feet of floor area also located 50-feet from the north property line.
The buildings will be constructed in phases. The access drive is proposed with
the first phase of building construction.
B. EXISTING CONDITIONS:
The uses along West 65th Street are pr im arily no n-re sid ential uses. The re is a
Family Dollar Store located at the intersection of Lanc aster Road and W est 65th
Street. There is a commercial shopping center located to the south of the site .
A PID was recently approved for a property to the west for a commercial laundry.
Immediately north of the site are single-family homes fronting on Timber Lane.
C. NEI GH BORHOOD COMM ENTS :
As of this writing, staff has received several informational phone calls from area
residents. All property owners located within 200-feet of the site along with the
Wakefield Neighborhood Association and Southwest Little Rock United for
Progress were notified of the public hearing .
D. ENGINEERING COMMENTS :
PUBLIC WORKS CONDITIONS:
1. West 65th Street is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45-feet from centerline will be required.
2. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must
not exceed 36-feet. The proposed driveway is required to be located at
least 125-feet from the side property line. A variance must be requested for
the proposed driveway on Lancaster Road.
3. With site development, provide the design of the street conforming to the
Master Street Plan. Construct one -half street improvement to Lancaster
Road including 5-foot sidewalks with the planned development. The new
back of curb should be located 18-feet from centerline.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
5. A grading permit in accordance with Section 29-186 (c) and (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.
2
FILE NO.: Z-2638-D (Cont.)
6. If disturbed area is one (1) or more acres , obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
7. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering . Streetlights must be installed prior
to platting/certificate of occupancy . Contact Traffic Engineering
501.379.1813, Greg Simmons, for more information.
8. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30 -43 and 31-210 . The width of driveway must
not exceed 36-feet. The proposed driveway is required to be located at
least 125-feet from the side property line.
9. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersection(s) on Lancaster Road comply with
2004 AASHTO Green Book standards.
10. Stormwater detention ord i nance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING :
Wastewa te r : Sewer available to this project.
Entergy: Entergy has a 3-phase power line on the western edge of the property.
A single phase line exists along the rear lot line of the subdivision to the north
with a short single phase extension to serve the cell tower. Existing power lines
many need to be relocated due to the construction of the proposed building.
Access to existing power lines is required 24/7 by Entergy trucks for maintenance
reasons . Erection of fences must not inhibit access. Contact Entergy in advance
to discuss service requirements and line locations prior to construction.
Ce nter-Po int Ene rg y : No comment received .
AT & T: No comment received.
Ce ntral Ark ansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2 . A water main extension will be needed to provide water service to this
property.
3 . The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and /or private fire hydrant(s) will be required.
If additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
3
FILE NO.: Z-2638-D (Cont.)
4. Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by the
Arkansas Department of Health Engineering Division and the Little Rock
Fire Department is required.
5. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
6. If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
7. Contact Central Arkansas Water if additional fire protection or metered
water service is required.
8. Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZA) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water requires that upon installation of the
RPZA, successful tests of the assembly must be completed by a Certified
Assembly Tester licensed by the State of Arkansas and approved by
Central Arkansas Water. The test results must be sent to Central Arkansas
Water's Cross Connection Section within ten days of installation and
annually thereafter. Contact the Cross Connection Section at 501.377.1226
if you would like to discuss backflow prevention requirements for this
project.
9. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water's material
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of
Customer Owned Line agreement is required.
10. Fire sprinkler systems which do not contain additives such as antifreeze
shall be isolated with a double detector check valve assembly. If additives
are used, a reduced pressure zone backflow preventer shall be required.
11. This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Fire Department: Fire hydrant per code, sprinkler system, per code. Contact the
Little Rock Fire Department for additional information.
4
FILE NO.: Z-2638-D (Cont.)
County Planning: No comment.
CATA: The area is not currently directly served by CATA at this location but
very close to Route #15, 65th Street and Route #22, Mabelvale-Midtown.
Parks and Recreation: No comment received.
F. ISSUESfTECHNICAUDESIGN :
Building Code: Project is subject to full commercial plan review approval prior
to issuance of a building permit. For information on submittal requirements and
the review process, contact a commercial plans examiner: Curtis Richey at
501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875;
malderfer@littlerock.org .
Planning Division: This request is located in the 65th Street West Planning
District. The Land Use Plan shows Service Trades (STD) and Residential Low
Density (RL) for this property. The Service Trades category provides for a
selection of office, warehousing, and industrial park activities that primarily serve
other office service or industrial businesses. The district is intended to allow
support services to these businesses and to provide for uses with an office
component. A Planned Zoning District is required for any development not wholly
office. Residential Low Density allows for single family homes at densities not to
exceed 6-dwelling units per acre. Such residential development is typically
characterized by conventional single family homes, but may also include patio or
garden homes and cluster homes, provided that the density remain less than
6-units per acre. The applicant has applied for a rezoning from 1-2 (Light
Industrial District) and 0-3 (General Office District) to PID (Planned Industrial
District) to allow for expansion of an existing business including the construction
of new structures on this site.
Master Street Plan: 65th Street is a Minor Arterial and Lancaster Road is a Local
Street on the Master Street Plan. A Minor Arterial provides connections to and
through an urban area and their primary function is to provide short distance
travel within the urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on 65th Street. The primary
function of a Local Street is to provide access to adjacent properties. Local
Streets that are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as "Commercial Streets". A Collector design
standard is used for Commercial Streets. These streets may require dedication
of right-of-way and may require street improvements for entrances and exits to
the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
5
FILE NO.: Z-2638-D (Cont.)
Landscape :
1. Site plan must comply with the City 's landscape and buffer ordinance
requirements.
2. Street buffers will be required at six (6) percent of the average depth of the
lot. The minimum dimension shall be one-half (%) the full width requirement
but in no case less than nine (9) feet. The maximum dimension required shall
be fifty (50) feet.
a. The approximate average depth of the north tract is six hundred and
fifty-six (656) feet. A thirty-nine foot (39) foot wide buffer is required
along Lancaster Road .
3. A land use buffer will be required when an adjacent property has a dissimilar
use of a more restrictive nature . As a component of all land use buffer
requirements, opaque screening, whether a fence or other device , a minimum
of six (6) feet in height shall be required upon the property line side of the
buffer. A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement. The
plantings , existing and purposed, shall be provided within the landscape
ordinance of the City, Section 15-81.
4. The property to the west and south of the north tact is zoned R-2,
Single-family therefore a minimum buffer will be required at six (6) percent of
the average depth of the lot. The maximum dimension required shall be fifty
(50) feet in all instances.
a. The approximate average width of the north tract is two hundred (200)
feet. A twelve foot (12) foot wide buffer is required along south property
line of the north tract.
b . The approximate average depth of the north tract is six hundred and
fifty-six (656) feet. A thirty-nine foot (39) foot wide buffer is required
adjacent to a portion of the west property line.
5. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property that is not zoned Industrial. This strip shall be at
least nine (9) feet wide. Provide trees with an average linear spacing of not
less than thirty (30) feet within the perimeter planting strip. Provide
three (3) shrubs or vines for every thirty (30) linear feet of perimeter
planting strip.
a. Perimeter planting strips will be required with the exception of the west
property line adjacent to property zoned PD-1.
6. The development of two (2) acres or more requires an approved landscape
plan stamped with the seal of a registered landscape architect prior to the
issuance of a building permit.
7. A landscape irrigation system shall be required for developments of
one (1) acre or larger.
6
FILE NO.: Z-2638-D (Cont.)
G.
8. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
SUBDIVISION COMMITTEE COMMENT : (October 8, 2014)
Mr. Mike Marlar was present representing the request. Staff presented an
overview of the item stating there were a number of outstanding technical issues
in need of addressing prior to the Commission acting on the request. Staff
questioned the proposed signage plan, the proposed screening mechanism for
the northern perimeter and the use of the drive indicated extending to Lancaster
Road. Staff also questioned the hours of use of the driveway.
Public Works comments were addressed. Staff stated a dedication of right of
way along West 65 1h Street and Lancaster Road would be required with the new
construction on the site. Staff also stated a grading permit would be required
prior to any site construction. Staff stated the driveway located on Lanca ster
Drive could not exceed 36-feet in width. Staff stated the drive on W est 65 1h
Street could remain since the drive was existing. Staff stated the City's
stormwater detention ordinance would apply to the development of the site. Staff
questioned if the development would utilize the OS, Open Space zoned buffer to
store the site stormwater.
Landscaping comments were addressed. Staff stated screening and buffering
would be required adjacent to properties which were zoned or used with a less
restrictive nature. Staff also stated a perimeter planting strip would be required
adjacent to the paved areas along the northern and southern perimeter of the
site. Staff stated street buffering would be required along Lancaster Drive. Staff
questioned the proposed screening mechanism for the site.
Staff noted the comments from the various other agencies. There were no more
issues for discussion. The Committee then forwarded the item to the full
Commission for final action.
H. ANALYSIS :
The applicant submitted a revised site plan and cover letter to staff addressing a
number of the concerns raised at the October 8, 2014 , Subdivision Committee
meeting. The applicant has provided the proposed signage plan, the proposed
screening mechanism for the northern perimeter, addressed the use of the drive
extending to Lancaster Road and provided the hours of use of the driveway.
The request is rezoning of the site from 1-2, Light Industrial District , 0-3, General
Office District and OS, Open Space District to PID to allow the redevelopment of
the site with two (2) additional warehouse buildings and allow the construction of
an access drive from the site to Lancaster Road. The OS, Open Space zoned
7
FILE NO.: Z-2638-D (Cont.)
area will not be used for development and will be maintained as an undistributed
buffer to provide screening to the adjacent homes.
Building 1 is proposed containing 17,000 square feet of floor area located 50-feet
from the northern property line. The second building is proposed containing
15,000 square feet of floor area also located 50-feet from the north property line.
The previously approved OS, Open Space buffer was a 50-foot strip along a
portion of the northern perimeter of the site. No grading or construction will take
place within the 50-foot buffer area. No openings on the buildings are proposed
on the north fagade.
The driveway is indicated with a 36-foot gated entrance at Lancaster Road. The
drive connects through a paved area in-front of the building proposed as future
expansion. The applicant has indicated the drive is needed to provide semi-truck
access to the warehouse buildings and the existing business located on West
65th Street. The driveway is proposed limited to semi-truck access only. The
drive will be limited to 8:00 am to 4:00 pm Monday through Friday . The existing
business hours of operation and the new warehouse facility hours of operation
are from 7:30am to 5:00pm Monday through Friday.
The applicant has indicated screening and buffering along the sites perimeters
where adjacent to residentially zoned or used property. A six (6) foot wood fence
will be placed 50-feet from the north property line, south of the existing OS, Open
Space zoned strip and along the southern perimeter adjacent to the proposed
driveway to Lancaster Road. The OS, Open Space zoned area will not be used
for development and will be maintained as an undistributed buffer to provide
screening to the adjacent homes.
The site plan does not indicate the placement of any new signage on the site.
The applicant has indicated the new warehouse buildings will serve the adjacent
machine shop and will not require the placement of signage.
There is an existing cell tower located on the site. There are no changes
proposed for the cell tower or the approved site plan for the cell tower.
The PID will recognize the tower and the previously imposed conditions.
Staff is not supportive of the proposal as filed. Staff has concerns with the
allowance of a drive to serve these industrial uses onto Lancaster Drive. Staff
also has concerns with the placement of the second building to serve as
warehouse space on the portion of the site currently zoned 0-3, General Office
District. There is an established single-family neighborhood located to the north
of this site and there are two single-family homes located along Lancaster Road
to the south of this site. Within this area the non-residential uses are located
primarily along West 65th Street and do not encroach into the neighborhoods.
Staff is generally supportive of allowing the placement of Building 1 as proposed
provided the 50-foot buffer remains along the northern perimeter of the site.
8
FILE NO.: Z-2638-D {Co nt.)
I. STAFF RECOMMENDATION:
Staff recommends denial of the request as filed .
PLANNING COMMISSION ACTION: (OCTOBER 30, 2014)
The applicant was present. There were no registered objectors present. Staff presented
the item stating the applicant had revised their plan to eliminate the access drive to
Lancaster Road . Staff stated based on the revision staff was now in support of the
applicant's request. Staff stated the applicant was to submit to staff a revised plan
which eliminated the driveway to Lancaster Road and provided the proper buffers along
Lancaster Road and along the southeastern portion of the site where adjacent to
residentially zoned property . Staff presented a recommendation of approval of the
request subject to compliance with the comments and conditions as outlined in
paragraphs D, E and F of the agenda staff report.
There was no further discussion of the item. The Chair entertained a motion for
approval of the item, as presented by staff. The motion carried by a vote of 11 ayes
0 noes and 0 absent.
9
ITEM NO.: 4. Z-2638-D
NAME: Hillcrest Camshaft Short-form PID
LOCATION: located at 5502 West 65th Street
Planning Staff Comments :
1. Provide notification of property owners located within 200-feet of the site including
the certified abstract list, notice form with affidavit executed and proof of mailing.
The notice must be mailed no later than October 15, 2014. The Office of Planning
and Development must receive the proof of notice no later than October 24, 2014.
2. Will there be doors, windows or openings on the rear of the buildings adjacent to the
OS, Open Spaced zoning along the northern perimeter.
3. Will the proposed driveway located on Lancaster Road be for entrance and exit or
will access be limited? Will the access be for truck access only or will employees
use the access also?
4. Does the development propose the placement of a sign at the Lancaster Road
location?
5. Provide details of any proposed building signage on the new warehouse buildings.
The apparent fronts of the buildings are located without direct public street frontage.
6. Provide the days and hours of operation for the business located in the existing
building and the days and hours of operation for the proposed warehouse.
7. Does the development propose to place any fencing along the northern perimeter
adjacent to the OS, Open Spaced zoned strip or along the southern perimeter of the
new driveway where adjacent to single-family zoned property?
8. The PZD Section of the Ordinance states -
a. Perimeter treatment. Notwithstanding any other provisions of a planned
zoning district, all uses of land or structures shall meet the open space,
buffer or green strip provisions of this chapter and Chapters 15 and 21 of
this Code.
b. Open space. Well designed open space is an important factor in providing
for innovative design and visual attractiveness. Open space shall be
evaluated utilizing the following general guidelines: A minimum of ten (1 0)
percent of gross planned commercial mixed use district (PCD) or planned
office district (POD) area shall be designated as landscaped open space
not to be used for streets or parking.
Variance/Waivers: Driveway spacing
ITEM NO.: 4 . Z-2638-D
Public Works Conditions:
1. West 55th Street is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45-feet from centerline will be required.
2. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must not exceed
36-feet. The proposed driveway is required to be located at least 125-feet from the
side property line . A variance must be requested for the proposed driveway on
Lancaster Road.
3. With site development, provide the design of the street conforming to the Master
Street Plan. Construct one-half street improvement to Lancaster Road including 5-
foot sidewalks with the planned development. The new back of curb should be
located 18-feet from centerline.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-
of-way prior to occupancy.
5. A grading permit in accordance with Section 29-186 (c) and (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.
6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from
the Arkansas Department of Environmental Quality prior to the start of construction.
7. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans
for approval to Traffic Engineering. Streetlights must be installed prior to
platting/certificate of occupancy. Contact Traffic Engineering 501.379.1813, Greg
Simmons, for more information.
8. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must not exceed
36-feet. The proposed driveway is required to be located at least 125-feet from the
side property line.
9. Provide a letter prepared by a registered engineer certifying the sight distance at the
intersection(s) on Lancaster Road comply with 2004 AASHTO Green Book
standards.
10. Stormwater detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan .
Utilities and Fire Department/County Planning:
Wastewater: Sewer available to this project.
Entergy: Entergy has a 3-phase power line on the western edge of the property. A
single phase line exists along the rear lot line of the subdivision to the north with a short
single phase extension to serve the cell tower. Existing power lines many need to be
relocated due to the construction of the proposed building. Access to existing power
lines is required 24/7 by Entergy trucks for maintenance reasons. Erection of fences
Item# 4.
ITEM NO .: 4 . Z-2638-D
must not inhibit access. Contact Entergy in advance to discuss service requirements
and line locations prior to construction.
Center-Point Energy : No comment received .
AT & T: No comment received .
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for water
service must be met.
2. A water main extension will be needed to provide water service to this property.
3 . The Little Rock Fire Department needs to evaluate this site to determine whether
additional public and/or private fire hydrant(s) will be required. If additional fire
hydrant(s) are required, they will be installed at the Developer's expense .
4 . Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional review.
Contact Central Arkansas Water regarding procedures for installation of water
facilities and/or fire service. Approval of plans by the Arkansas Department of
Health Engineering Division and the Little Rock Fire Department is required.
5. A Capital Investment Charge based on the size of meter connection(s) will apply to
this project in addition to normal charges . This fee will apply to all connections
including metered connections off the private fire system.
6. If there are facilities that need to be adjusted and/or relocated , contact Central
Arkansas Water. That work would be done at the expense of the developer.
7 . Contact Central Arkansas Water if additional fire protection or metered water service
is required.
8 . Due to the nature of this facility, installation of an approved reduced pressure zone
backflow preventer assembly (RPZA) is required on the domestic water service.
This assembly must be installed prior to the first point of use . Central Arkansas
Water requires that upon installation of the RPZA , successful tests of the assembly
must be completed by a Certified Assembly Tester licensed by the State of Arkansas
and approved by Central Arkansas Water. The test results must be sent to Central
Arkansas Water's Cross Connection Section within ten days of installation and
annually thereafter . Contact the Cross Connection Section at 501.377.1226 if you
would like to discuss backflow prevention requirements for this project.
9. The facilities on-site will be private . When meters are planned off private lines,
private facilities shall be installed to Central Arkansas Water's material and
construction specifications and installation will be inspected by an engineer, licensed
to practice in the State of Arkansas. Execution of Customer Owned Line agreement
is required.
Item# 4 .
ITEM NO.: 4 . Z-2638-D
10. Fire sprinkler systems which do not contain additives such as antifreeze shall be
isolated with a double detector check valve assembly. If additives are used, a
reduced pressure zone backflow preventer shall be required.
11. This development will have minor impact on the existing water distribution system.
Proposed water facilities will be sized to provide adequate pressure and fire
protection.
Fire Department: Fire hydrant per code, springer system, per code .
County Planning: No comment.
CATA: The area is not currently directly served by CATA at this location but very close
to Route #15, 65th Street and Route #22, Mabelvale-Midtown.
Parks and Recreation : No comment received.
Building Code: Project is subject to full commercial plan review approval prior to
issuance of a building permit. For information on submittal requirements and the review
process, contact a commercial plans examiner: Curtis Richey at 501.371.4724;
crichey@littlerock .org or Mark Alderfer at 501.371.4875; malderfer@littlerock .org.
Planning Division : This request is located in the 65th Street West Planning District. The
Land Use Plan shows Service Trades (STD) and Residential Low Density (RL) for this
property. The Service Trades category provides for a selection of office, warehousing,
and industrial park activities that primarily serve other office service or industrial
businesses. The district is intended to allow support services to these businesses and to
provide for uses with an office component. A Planned Zoning District is required for any
development not wholly office. Residential Low Density allows for single family homes
at densities not to exceed 6-dwelling units per acre. Such residential development is
typically characterized by conventional single family homes, but may also include patio
or garden homes and cluster homes, provided that the density remain less than 6-units
per acre. The applicant has applied for a rezoning from 1-2 (Light Industrial District)
and 0-3 (General Office District) to PID (Planned Industrial District) to allow for
expansion of an existing business including the construction of new structures on this
site.
Master Street Plan: 65th Street is a Minor Arterial and Lancaster Road is a Local Street
on the Master Street Plan. A Minor Arterial provides connections to and through an
urban area and their primary function is to provide short distance travel within the
urbanized area. Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians on 65th Street. The primary function of a Local Street is to
provide access to adjacent properties. Local Streets that are abutted by non-residential
zoning/use or more intensive zoning than duplexes are considered as "Commercial
Item# 4 .
ITEM NO.: 4 . Z-2638-D
Streets". A Collector design standard is used for Commercial Streets. These streets
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City's landscape and buffer ordinance requirements.
2 . Street buffers will be required at six (6) percent of the average depth of the lot. The
minimum dimension shall be one-half (%) the full width requirement but in no case
less than nine (9) feet. The maximum dimension required shall be fifty (50) feet.
a. The approximate average depth of the north tract is six hundred and fifty-six
(656) feet. A thirty-nine foot (39) foot wide buffer is required along Lancaster
Road.
3 . A land use buffer will be required when an adjacent property has a dissimilar use of
a more restrictive nature. As a component of all land use buffer requirements,
opaque screening, whether a fence or other device, a minimum of six (6) feet in
height shall be required upon the property line side of the buffer. A minimum of
seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot
count toward fulfilling this requirement. The plantings, existing and purposed, shall
be provided within the landscape ordinance of the City, Section 15-81.
4. The property to the west and south of the north tact is zoned R-2, Single-family
therefore a minimum buffer will be required at six (6) percent of the average depth of
the lot. The maximum dimension required shall be fifty (50) feet in all instances.
a. The approximate average width of the north tract is two hundred (200) feet. A
twelve foot (12) foot wide buffer is required along south property line of the
north tract.
b. The approximate average depth of the north tract is six hundred and fifty-six
(656) feet. A thirty-nine foot (39) foot wide buffer is required adjacent to a
portion of the west property line.
5. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property that is not zoned Industrial. This strip shall be at least nine
(9) feet wide. Provide trees with an average linear spacing of not less than thirty (30)
feet within the perimeter planting strip. Provide three (3) shrubs or vines for every
thirty (30) linear feet of perimeter planting strip.
a. Perimeter planting strips will be required with the exception of the west
property line adjacent to property zoned PD-1.
6 . The development of two (2) acres or more requires an approved landscape plan
stamped with the seal of a registered landscape architect prior to the issuance of a
building permit.
7 . A landscape irrigation system shall be required for developments of one (1) acre or
larger.
8 . The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can
be given when preserving trees of six (6) inch caliper or larger.
Item# 4.
ITEM NO.: 4 . Z-2638-D
Revised plat/plan : Submit four (4) copies of a revised preliminary plat/plan (to include
the additional information as noted above) to staff on Wednesday, October 15, 2014.
Item# 4.
~ -=-= INCORPORATED
Oct. 15, 2014
Donna James
Planning Department
723 West Markham
Little Rock, AR 72201
RE: PID-Z-2638-D
Mrs. James,
MARLAR ENGINEERING CO., INC.
Consulting Civil E1.gineers & Land Surveyors
531 8 John F. Kennedy Boulevard
North Little Rock, Arkansas 72116
The following is addressing the Planning Staff Comments:
1. This has been done and emailed to you.
2. There will be no openings on the rear of the building adjacent to the open space.
3. Access will be limited and will be for truck access only.
4. No
5. Does not know at this time.
6. The existing building on site has hours from 7:30a.m to 5:00p.m Mon.-Fri.
The hours of the proposed warehouse are going to be 7:30a.m to 5:00p.m Mon.-Fri.
7. They propose to place a fence on the South of the 50 ' open space and along the southern
perimeter of the new drive.
Sincerely,
Mike Marlar, PE
President
MPM/jb
Enclosures
:dll~
PHONE (501) 753-1987 FAX (501) 753-1993 WWW.MARLAR-ENG.COM .~
~
EC
MARLAR ENGINEERING CO., INC.
Consulting Civil E1-,gineers & Land Surveyors
INCORPORATED
Ms . Donna James
Little Rock Planning Department
City ofLittle Rock, Arkansas
531 8 John F. Kennedy Boulevard
North Little Rock, Arkansas 72116
October 15, 2014
Re : Hillcrest Camshalft Site Plan-Z-2638-D
Dear Donna:
Forrest C . Marlar, PE, PLS
Michael P. Marlar, PE, PLS
Walt C . Catlett, PE
L. David Jones Jr., PLS
Jack Flemming, Biologist
Regarding item 9 of the comments related to this project, the sight distance at the intersection of
Lancaster and the proposed driveway comply with AASHTO Green Book standards, 2004 edition.
Please contact us if you have any questions.
Sincerely,
Marlar Engineering Co., Inc .
President
dll~
PHONE (501) 753-1987 FAX (501) 753-1993 WWW.MARLAR-ENG.COM .~
MEMORANDUM
TO : DONNA JAMES, SUBDIVISION ADMINISTRATOR
FROM: TRACY SPILLMAN, PLANS DEVELOPMENT ADMINISTRATOR
SUBJECT : REVIEW OF THE BUFFER AND LANDSCAPE REQUIREMENTS OF
THE OCTOBER 8th, 2014, SUBDIVISION COMMITTEE MEETING
CC: DANA CARNEY, ZONING & SUBDIVISION MANAGER
DATE: OCTOBER 6th, 2014
NEW BUSINESS:
1. South west comer of West 20th Street and Junior Deputy Road (S -17 34)
No Comment
2. 14600 and 4700 B lock of Kanis Road (S -1735 )
No Comment
3. 1600 Elm Street CZ-635-A)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
Street buffers will be required at six (6) percent of the average depth ofthe lot. The
minimum dimension shall be one-half(~) the full width requirement but in no case less
than nine (9) feet. Plant material is to be provided in the buffer area at the rate of one (1)
tree and three (3) shrubs for every thirty (30) linear feet.
Interior landscape areas shall compromise 8% of any vehicular use area containing
twelve (12) or more spaces.
The property is located in the City's designated mature area. A 25% reduction of the
perimeter requirements and interior green space requirements is acceptable.
Landscape areas shall be provided between the vehicular use area used for public parking
and the general vicinity of the building, excluding truck loading or service areas not open
to public parking. These areas shall be equal to an equivalent planter strip three (3) feet
wide along the vehicular use area.
An automatic irrigation system to water landscaped areas will be required.
Prior to the issuance of a building permit, it will be necessary to provide an approved
landscape plan stamped with the seal of a Registered Landscape Architect.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
4. 5502 West 65th Street CZ-2638-D)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
Street buffers will be required at six (6) percent of the average depth of the lot. The
minimum dimension shall be one-half(~) the full width requirement but in no case less
than nine (9) feet. The maximum dimension required shall be fifty (50) feet.
• The approximate average depth of the north tract is six hundred and fifty-six
(656) feet. A thirty-nine foot (39) foot wide buffer is required along Lancaster
Road.
A land use buffer will be required when an adjacent property has a dissimilar use of a
more restrictive nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six ( 6) feet in height shall be
required upon the property line side of the buffer. A minimum of seventy (70) percent of
the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement. The plantings, existing and purposed, shall be provided within the landscape
ordinance ofthe city, section 15-81.
The property to the west and south of the north tact is zoned R-2, therefore a minimum
buffer will be required at six (6) percent of the average depth of the lot. The maximum
dimension required shall be fifty (50) feet in all instances.
• The approximate average width of the north tract is two hundred (200) feet. A
twelve foot (12) foot wide buffer is required along south property line of the north
tract.
• The approximate average depth of the north tract is six hundred and fifty-six
(656) feet. A thirty-nine foot (39) foot wide buffer is required adjacent to a
portion of the west property line.
A perimeter planting strip is required along any side of a vehicular use area that abuts
adjoining property that is not zoned Industrial. This strip shall be at least nine (9) feet
wide. Provide trees with an average linear spacing of not less than thirty (30) feet within
the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear
feet of perimeter planting strip.
• Perimeter planting strips will be required with the exception of the west property
line adjacent to property zoned PD-I.
The development of two (2) acres or more requires an approved landscape plan stamped
with the seal of a registered landscape architect prior to the issuance of a building permit.
A landscape irrigation system shall be required for developments of one (1) acre or
larger.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
5. 3205 Shackleford Pass (Z-5336-A)
No Comment
6. 6001 R Street CZ-5534-B)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
A land use buffer will be required when an adjacent property has a dissimilar use of a
more restrictive nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six (6) feet in height shall be
required upon the property line side of the buffer. A minimum of seventy (70) percent of
the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement. The plantings, existing and purposed, shall be provided within the landscape
ordinance ofthe city, section 15-81.
A perimeter planting strip is required along any side of a street right -of way or vehicular
use area that abuts adjoining property. This strip shall be at least nine (9) feet wide.
Provide trees with an average linear spacing of not less than thirty (30) feet within the
perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet
of perimeter planting strip.
• Four (4) trees will be required adjacent to the R Street right-of-way.
• The City of Little Rock will not accept crape myrtles to meet tree requirements .
One ( 1) tree and four ( 4) shrubs shall be planted in the building landscape areas for each
forty ( 40) linear feet of vehicular use area abutting the building
7.
Screening requirements will need to be met for the vehicular use areas adjacent to street
right-of-ways. Provide screening shrubs with an average linear spacing of not less at three
(3) feet within the required landscape area. Provide trees with an average linear spacing
of not less than thirty (30) feet
Eight percent (8%) of the vehicular use area must be designated for green space; this
green space needs to be evenly distributed throughout the parking area(s). The minimum
size of an interior landscape area shall be one hundred fifty (150) square feet for
developments with one hundred fifty (150) or fewer parking spaces. Interior islands must
be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the
interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces.
A landscape irrigation system shall be required for developments of one (1) acre or
larger. If an irrigation system is not provided for developments of less than one (1) acre a
there shall be a water source within seventy-five (75) feet of the plants to be irrigated.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
1 0915 Stagecoach Road CZ-5649-0)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
A land use buffer will be required when an adjacent property has a dissimilar use of a
more restrictive nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six ( 6) feet in height shall be
required upon the property line side ofthe buffer. A minimum of seventy (70) percent of
the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement. The plantings, existing and purposed, shall be provided within the landscape
ordinance ofthe city, section 15-81.
• The property to the east and south is zoned R-2, therefore a minimum buffer will
be required at six (6) percent of the average depth ofthe lot. The maximum
dimension required shall be fifty (50) feet in all instances.
Screening requirements will need to be met for the vehicular use areas adjacent to street
right-of-ways. Provide screening shrubs with an average linear spacing of no less than
three (3) feet within the required landscape area. Provide trees with an average linear
spacing of no less than thirty (30) feet.
A perimeter planting strip is required along any side of a vehicular use area that abuts
adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an
average linear spacing of not less than thirty (30) feet within the perimeter planting strip.
8.
Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting
strip.
Landscape areas shall be provided between the vehicular use area used for public parking
and the general vicinity of the building
Trees shall be included in the interior vehicular landscape areas at the rate of one ( 1) tree
for every twelve ( 12) parking spaces.
A landscape irrigation system shall be required for developments of one (1) acre or
larger.
The development of two (2) acres or more requires an approved landscape plan stamped
with the seal of a registered landscape architect prior to the issuance of a building permit.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
1700 Kirk Road (Z-6829-D)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
Street buffers will be required at six (6) percent of the average depth of the lot. The
minimum dimension shall be one-half(~) the full width requirement but in no case less
than nine (9) feet. Easements cannot count toward fulfilling this requirement. The
plantings, existing and purposed, shall be provided within the city's landscape ordinance
requirements.
A perimeter planting strip is required along any side of a vehicular use area that abuts
adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an
average linear spacing of not less than thirty (30) feet within the perimeter planting strip.
Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting
strip.
Screening requirements will need to be met for the vehicular use areas adjacent to street
right-of-ways. Provide screening shrubs with an average linear spacing of not less at three
(3) feet within the required landscape area. Provide trees with an average linear spacing
of not less than thirty (30) feet
Eight percent (8%) of the vehicular use area must be designated for green space; this
green space needs to be evenly distributed throughout the parking area(s). The minimum
size of an interior landscape area shall be three hundred (300) square feet for
developments with more than one hundred fifty (150) parking spaces. Interior islands
must be a minimum of seven and one half (7 112) feet in width. Trees shall be included in
the interior landscape areas at the rate of one (1) tree for every twelve (12) parking
spaces.
The development of two (2) acres or more requires an approved landscape plan stamped
with the seal of a registered landscape architect prior to the issuance of a building permit.
A landscape irrigation system shall be required for developments of one (1) acre or
larger.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
9. 5300 West Markham CZ-6860-D)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements and the Midtown Overly District.
When the structure is not built to the property line, landscaping is required in the area
between the building and property line.
Street buffers will be required at six ( 6) percent of the average depth of the lot. The
minimum dimension shall be one-half(~) the full width requirement but in no case less
than nine (9) feet. The property is located in the City's designated mature area. A twenty-
five (25%) percent reduction of the buffer requirements is acceptable. Easements cannot
count toward fulfilling this requirement. The plantings, existing and purposed, shall be
provided within the city's landscape ordinance requirements.
• A minimum 6. 75 foot street buffer strip is required adjacent to the parking
along the east property line.
A perimeter planting strip is required along any side of a vehicular use area that abuts
adjoining property. This strip shall be at least nine (9) feet wide. The property is located
in the City's designated mature area. A 25% reduction of the perimeter requirements is
acceptable.
• A minimum 6.75 foot perimeter planting strip is required adjacent to the
vehicular use area at the west property line.
Eight percent (8%) of the vehicular use area must be designated for green space; this
green space needs to be evenly distributed throughout the parking area(s). The minimum
size of an interior landscape area shall be one hundred fifty (150) square feet for
developments with one hundred fifty (150) or fewer parking spaces. Interior islands must
be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the
interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. A
25% reduction of the interior green space requirements is acceptable.
A landscape irrigation system shall be required for developments of one ( 1) acre or
larger.
Trees greater than fourteen (14) inches in diameter, measured at four and one-half(4.5)
feet above the ground, shall be protected from removal and damages in future
development of the district. Any development within fifty (50) feet of any such tree shall
be reviewed prior to development to assure protective measures are included and in place.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
10. 4124 Fairview Road (Z-8939)
No Comment
11. 4121 East 37th Street (Z-8976)
No Comment
12. 4212 South Bowman Road CZ-8977)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
Street buffers will be required at six ( 6) percent of the average depth of the lot. The
minimum dimension shall be one-half (lh) the full width requirement but in no case less
than nine (9) feet. The maximum dimension required shall be fifty (50) feet. Easements
cannot count toward fulfilling this requirement. The plantings, existing and purposed,
shall be provided within the city's landscape ordinance requirements.
• The approximate average depth ofthe lot is one thousand one hundred (1100)
feet. A fifty foot (50) foot wide buffer is required along Bowman Road.
A land use buffer will be required when an adjacent property has a dissimilar use of a
more restrictive nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six ( 6) feet in height shall be
required upon the property line side ofthe buffer. A minimum of seventy (70) percent of
the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement. The plantings, existing and purposed, shall be provided within the landscape
ordinance ofthe city, section 15-81.
The surrounding properties are zoned R-2, therefore a minimmn buffer will be required at
six (6) percent of the average depth and width ofthe lot. The maximmn dimension
required shall be fifty (50) feet in all instances.
• The approximate average width of the lot is two hundred (650) feet. A thirty-nine
(3 9) foot wide buffer is required along the north and south property lines
• The approximate average depth of the lot is one thousand one hundred ( 11 00)
feet. A fifty foot (50) foot buffer is required adjacent to the west property line.
A perimeter planting strip is required along any side of a vehicular use area that abuts
adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an
average linear spacing of not less than thirty (30) feet within the perimeter planting strip.
Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting
strip.
Eight percent (8%) of the vehicular use area must be designated for green space; this
green space needs to be evenly distributed throughout the parking area(s). The minimum
size of an interior landscape area shall be three hundred (300) square feet for
developments with more than one hundred fifty (150) parking spaces. Interior islands
must be a minimmn of seven and one half (7 1/2) feet in width. Trees shall be included in
the interior landscape areas at the rate of one (1) tree for every twelve (12) parking
spaces.
The development of two (2) acres or more requires an approved landscape plan stamped
with the seal of a registered landscape architect prior to the issuance of a building permit.
A landscape irrigation system shall be required for developments of one ( 1) acre or
larger.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
13. 1 0616 Stagecoach Road CZ-8978)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
Street buffers will be required at six (6) percent of the average depth of the lot. The
minimmn dimension shall be one-half (12) the full width requirement but in no case less
than nine (9) feet. Easements cannot count toward fulfilling this requirement. The
plantings, existing and purposed, shall be provided within the city's landscape ordinance
requirements.
14.
• The approximate average depth of the north tract is four hundred and ninety (490)
feet. An average thirty-nine foot (39) foot wide buffer is required along Lancaster
Road.
A land use buffer will be required when an adjacent property has a dissimilar use of a
more restrictive nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six ( 6) feet in height shall be
required upon the property line side of the buffer. A minimum of seventy (70) percent of
the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement. The plantings, existing and purposed, shall be provided within the landscape
ordinance ofthe city, section 15-81.
• The property to the north is zoned C-2, the property to the west and a portion of
the property to the southwest is zoned PCD therefore, (6% of the average lot
width) a minimum seventeen (17) foot buffer is required on the north property
line, a minimum thirty-one (31) foot buffer is required on the west property line
and a minimum eleven (11) foot buffer is required on the southwest property line.
A perimeter planting strip is required along any side of a vehicular use area that abuts
adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an
average linear spacing of not less than thirty (30) feet within the perimeter planting strip.
Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting
strip.
Landscape areas shall be provided between the vehicular use area used for public parking
and the general vicinity of the building, excluding truck loading or service areas not open
to public parking. These areas shall be equal to an equivalent planter strip three (3) feet
wide along the vehicular use area.
A landscape irrigation system shall be required for developments of one ( 1) acre or
larger.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
926 North Street (Z-2273-A)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements and the Urban Use Overlay District.
The property is located in the UU urban use district. Street trees a minimum of three-inch
caliper shall be required. The trees shall be located a minimum of two (2) feet off the
back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to
a street intersection with a water source provided. The tree canopy shall be maintained at
least eight (8) feet above the sidewalk.
Street buffers will be required at six (6) percent of the average depth ofthe lot. The
minimum dimension shall be one-half(~) the full width requirement but in no case less
than nine (9) feet. The property is located in the City's designated mature area. A twenty-
five (25%) percent reduction ofthe buffer requirements is acceptable. Easements cannot
count toward fulfilling this requirement. The plantings, existing and purposed, shall be
provided within the city's landscape ordinance requirements.
• The average depth of the lot is approximately two hundred and fifty (250) feet.
An eleven foot wide buffer will be required along North Street.
A landscape irrigation system shall be required for developments of one (1) acre or
larger.
The development of two (2) acres or more requires an approved landscape plan stamped
with the seal of a registered landscape architect prior to the issuance of a building permit.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be
given when preserving trees of six (6) inch caliper or larger.
Public Works Review Comments
Planning Commission
Agenda Date: 10-30-14
Board of Adjustment
Z File Number S-1734
Lots 13R and 14R Hicks Interurban Add Replat SW comer W . 20th St. and Junior Deputy Rd
I W. 20th St. is classified on the Master Street Plan as a residential street. A dedication of right-of-
way 25 feet from centerline will be required.
2 Junior Deputy Road is classified on the Master Street Plan as a residential street. A dedication of
right-of-way 25 feet from centerline will be required.
3 A 20 feet radial dedication of right-of-way is required at the intersection of W. 20th St and Junior
Deputy Road.
4 Show the proposed driveway locations and widths.
Z File Number S-1735
McCracken Land Development Pre Plat 14600 & 4700 Block of Kanis Rd
1 Kanis Rd is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45
feet from centerline will be required.
2 With site development, provide design of street conforming to the Master Street Plan. Construct
one-half street improvement to Kanis Road including 5-foot sidewalks with planned development.
The new back of curb should be 29.5 ft from centerline. Striping and transitions should be provided
for a left tum lane.
3 With 41 lots, a variance to the Master Street Plan must be requested for the proposed street to be
classified as a minor residential street.
4 Since the street is proposed to be 24 ft in width, show on the plan the area of street where parking
will be restricted to one side.
5 The bulb in the center of the proposed street is ineffective for traffic calming as required by the Master
Street Plan. Show on the plan the proposed means of traffic calming. Contact Nat Banihatti in Traffic
Engineer at 3 79-1818 with any questions or for additional information.
6 The frontage along Kanis Road where the storm drain is proposed should be platted as tract land.
7 A no access easement should be platted on the east side oflot 19.
8 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. Is constructuion of
the subdivision proposed to be phased?
9 Storm water detention ordinance applies to this property.
Friday, October 03,2014 Page I of8
10 If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start of construction.
11 The lots on the southside of the street should be graded where the front yards of each lot and rooftop
drain to the street and the rear yards drain to the south.
12 Street Improvement plans shall include signage and striping. Public Works must approve completed
plans prior to construction.
13 Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic
Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic
Engr 379-1813 (Greg Simmons) for more info.
14 Street names and street naming conventions must be approved by Public Works. Contact Glenn
Haley at (501) 371-4537.
15 Per Sec. 29-1 02 an evaluation should be conducted on the basis of existing downstream development
and any analysis of stormwater runoff with and without the proposed development. If the proposed
development will cause or increase downstream flooding cond
16 Provide a letter prepared by a registered engineer certifying the sight distance at the intersection( s)
comply with 2004 AASHTO Green Book standards.
17 Show the existing driveways adjacent to this property on the west side of Kanis Rd.
18 A driveway apron should be provided for the emergency access. The apron could be constructed of
concrete or green pavers. Gravel is not allowed.
Z File Number Z-2638-D
Hilllcrest Camshaft PID 5502 W. 65th St.
1 W. 65th St. is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way
45 feet from centerline will be required.
2 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. The width of driveway must not exceed 36 feet. The proposed driveway is
required to be located at least 125ft from the side property line. A variance must be requested for the
proposed driveway on Lancaster Rd.
3 With site development, provide design of street conforming to the Master Street Plan. Construct
one-half street improvement to Lancaster Road including 5-foot sidewalks with planned development.
The new back of curb should be located 18 ft from centerline.
4 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to
occupancy.
5 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.
6 If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start of construction.
7 Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic
Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic
Engr 379-1813 (Greg Simmons) for more info.
Friday, October 03, 2014 Page 2 of8
8 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-2I 0. The width of driveway must not exceed 36 feet. The proposed driveway is
required to be located at least I25 ft from the side property line.
9 Provide a letter prepared by a registered engineer certifying the sight distance at the intersection(s) on
Lancaster Road comply with 2004 AASHTO Green Book standards.
I 0 Storm water detention ordinance applies to this property. Show the proposed location for storm water
detention facilities on the plan.
Z File Number Z-5534-B
Regions Financial Corporation PD-0 6001 R St.
I Due to the proposed use of the property, the Master Street Plan specifies that R Street for the frontage
of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from
centerline .
2 With site development, provide design of street conforming to the Master Street Plan. Construct
one-half street improvement toR St including 5-foot sidewalks with planned development. The new
back of curb on R St. should be located 15.5 from centerline.
3 A 20 feet radial dedication of right-of-way is required at the intersection ofR St. and N. University
Ave.
4 A grading permit in accordance with section 29-I86 (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.
5 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to
occupancy.
6 Storm water detention ordinance applies to this property.
7 If disturbed area is I or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start of construction.
8 On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for
approval with the site development package.
9 Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic
Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic
Engr 379-1813 (Greg Simmons) for more info.
1 0 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-2I 0. The width of driveway must not exceed 36 feet. A variance must be requested for
the 2 driveways on R St. Per City code, spacing of250 ft is required from other driveways and
intersections and I25 ft from the side property line.
II 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.
12 Retaining walls designed to exceed 15ft in height are required to seek a variance for construction.
Provide proposed wall elevations.
13 Prior to construction of retaining walls, a engineer's certification of design and plans must be
submitted to Public Works for approval. After construction, an as-built certification is required for
construction of the retaining wall.
Friday, October 03, 2014 Page 3 of8
14 Access to the alley from adjacent properties should not be restricted.
15 Stormwater from the site cannot be discharged at the southwest comer of the project at the back of
existing homes. The discharge should be extended by pipe to the creek located to the west.
16 In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area
50' back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at
the intersection of University Ave. with R St.
17 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. The width of driveway must not exceed 36 feet. A variance must be requested for
the driveways offthe alley on N. University Ave. Per City code, spacing of250 ft is required from
other driveways and intersections and 125 ft from the side property line. Left turns into the alley will
cause vehicles to stack in the NB thru lane due to SB vehicle stacking.
18 With site development, provide design of street conforming to the Master Street Plan. Construct
one-half street improvement to University Ave including 5-foot sidewalks with planned development
per the Master Steet Plan and the State Farm Intersection Safety Study. A payment should be made
in-lieu of construction for sidewalk and 6 ft of street widening.
19 N. University Ave . is classified on the Master Street Plan as a collector street. A dedication of right-
of-way 30 feet from centerline will be required. Where a principal arterial streets intersects a collector
street an additional 10 ft or right-of-way should be dedicated for a right tum lane.
Z File Number
Accu Brand PID
Z-5649-D
1 0915 Stagecoach Rd
1 Stagecoach Rd is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way
45 feet from centerline will be required.
2 A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to
construction.
3 Show the proposed fmish floor elevation of at least 1 ft above the base flood elevation.
4 In accordance with Section 31-176, floodway areas must be shown as floodway easements or be
dedicated to the public. In addition, a 25 foot wide drainage and access easement is required adjacent
to the floodway boundary.
5 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to
occupancy.
6 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.
7 Storm water detention ordinance applies to this property. Show the proposed location for stormwater
detention facilities on the plan.
8 If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start "of construction.
Z File Number Z-635-A
MHA Elm Street Apartments POD SE Comer of 16th St and Lewis St.
1 Due to the proposed use of the property, the Master Street Plan specifies that W. 16th Street, W 17th
Street, Bishop Warren Dr., and Elm Street for the frontage of this property must meet commercial
street standards . Dedicate right-of-way to 30 feet from centerline.
Friday, October 03, 2014 Page 4 of8
2 A 20 feet radial dedication of right-of-way is required at the intersections ofW. 16th St. and Bishop
Warren Dr.; Bishop Warren Dr. and W. 17th St.; W. 17th St. and Elm St.; and Elm St. and W .
3 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to
occupancy .
4 Remove all existing curb cuts not planned to be used for access to the development and replaced with
curb and gutter.
5 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.
6 Storm water detention ordinance applies to this property. Show the proposed location for stormwater
detention facilities on the plan . Detention should be provided for the difference in impervious area
from the proposed conditions compared to existing conditions. ·
7 If disturbed area is I or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start of construction .
8 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.
Z File Number Z-6829-D
Meadows North POD 1700 Kirk Road
first
I All driveways shall be concrete aprons per City Ordinance.
2 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to
occupancy.
3 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. The applicant is
requesting an advance grading variance for the entire site to be graded with construction of the
4 Storm water detention ordinance applies to this property.
5 Building 2 is proposed to be constructed over the stormwater pipe. The pipe should be moved from
under the building.
6 If disturbed area is I or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start of construction.
7 On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for
approval with the site development package.
8 Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and
31-210 . Driveway spacing on an arterial street is required by ordinance to be 150 ft from the side
property line and 300 ft from other driveways and intersections . A variance must be requested for
the northern driveway off Kirk Rd.
9 Provide a letter prepared by a registered engineer certifying the sight distance at the driveway
intersection(s) comply with 2004 AASHTO Green Book standards .
I 0 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, October 03 ,2014 Page 5 of8
for
of
side
11 Prior to construction of retaining walls, a engineer's certification of design and plans must be
submitted to Public Works for approval. After construction, an as-built certification is required
construction of the retaining wall.
12 Per the CLR Drainage Manual, in no case shall the limits of maximum ponding elevation be closer
than 30 ft horizontally from any building and less than 1 ft vertically below the lowest sill or floor
elevation . The previous application was approved showing the building 15 ft from the maximum
ponding elevation.
l3 Per the CLR Drainage Manual, maximum side slopes for the fluctuating area of permanent Jakes shall
be l ft vertical to 3 ft horizontal (3: l) unless provisions are included for safety, stability, and ease
maintenance.
14 Per the Master Street Plan, sidewalks are required to be constructed on both sides of commercial
streets . A variance must be requested to place sidewalk on one side of the street.
15 Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and
31-210. Driveway spacing on a commercial street required by ordinance to be 125 ft from the
property line and 250 ft from other driveways and intersections. A variance must be requested for
the proposed south street off Kirk Rd.
Z File Number Z-6860-D
Markham and Harrison POD 5300 W Markham St.
1 Due to the proposed use of the property, the Master Street Plan specifies that Harrison Street for the
frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from
centerline . A variance must be requested for a reduction in right-of-way dedication.
2 Markham St. is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way
35 feet from centerline will be required.
3 A 20 feet radial dedication of right-of-way is required at the intersection of Markham Stand Harrison
St.
4 Due to the proposed use of the property, the Master Street Plan specifies that A Street for the frontage
of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
5 A 20 feet radial dedication of right-of-way is required at the intersection of A St. and Harrison St.
6 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to
occupancy.
7 Sidewalks with appropriate handicap ramps are required to be installed adjacent to A St. in
accordance with Sec. 31-175 ofthe Little Rock Code and the Master Street Plan.
8 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.
9 Sidewalks with appropriate handicap ramps are required to be installed along Harrison St. in
accordance with Sec. 31-17 5 of the Little Rock Code and the Master Street Plan.
l 0 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. Due to the driveway spacing requirements only 1 driveway is allowed by code on
A Street. A variance must be requested for the 2 driveways.
Friday, October 03,2014 Page 6 of8
11 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. On Harrison Street, driveways should be spaced at least 250 ft from other
driveways and intersections and 125ft from side property lines. A variance must be requested for the
drop off driveways on Harrison St.
12 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.
Z File Number Z-8976
Doyne Square PD-R 4121 E. 37th St.
1 E. 37th St. is classified on the Master Street Plan as a residential street. A dedication of right-of-way
25 feet from centerline will be required.
Z File Number Z-8977
South Bowman Road PD-R 4212 S. Bowman Road
1 Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-
way 45 feet from centerline will be required.
2 With site development, provide design of street conforming to the Master Street Plan. Construct
one-half street improvement to Bowman Road including 5-foot sidewalks with planned development.
The new back of curb should be located 29.5 ft from centerline. Striping and tapers must be
provided for a left turn lane.
3 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. Is a variance being
requested to advance grade future phases of development with construction of the first phase?
4 Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
5 Show the emergency access location to the property.
6 If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start of construction.
7 A minimum undisturbed strip 25 ft wide except for reasonable access shall be provided along each
side of streams having a 10 yr storm > 150 cfs. The undisturbed strip should be measured from the
top of the bank. After permits have been obtained from the USCOE for the creek to be filled, the
buffer strips can be removed.
8 Street Improvement plans shall include signage and striping. Public Works must approve completed
plans prior to construction.
9 Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic
Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic
Engr 379-1813 (Greg Simmons) for more info.
1 0 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. The width of driveway must not exceed 36 feet. The proposed center island
should be removed.
II Provide a letter prepared by a registered engineer certifying the sight distance at the intersection(s)
comply with 2004 AASHTO Green Book standards. Provide location of future street on the east side
of Bowman Road on the plan. Conflicting left turn movements should be avoided.
Friday, October 03,2014 Page 7 of8
,
12 Show emergency access location to the property.
13 The owner and/or manager of each multi-family residence of IOO or more dwelling units shall provide
recycling and encourage participation by the tenants, renters, or owners of each unit. Contact
Melinda Glasgow at 371-4646 for more information.
14 Retaining walls designed to exceed IS ft in height are required to seek a variance for construction.
Provide proposed wall elevations.
1S Prior to construction of retaining walls, a engineer's certification of design and plans must be
submitted to Public Works for approval. After construction, an as-built certification is required for
construction of the retaining wall. Retaining walls with geotextile reinforcing mats should not be
placed on the property line and the mats extend beyond the property line.
16 A minimum undisturbed strip 2S ft wide except for reasonable access shall be provided along each
side of streams having a I 0 yr storm> ISO cfs. The undisturbed strip should be measured from the
top of the bank.
17 The flood statement should be modified with the correct zone identification.
18 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.
19 Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
Z File Number Z-8978
Lucy Self Storage PD-C I 0616 Stagecoach Rd
Stagecoach Rd is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way
45 feet from centerline will be required.
2 In accordance with 3I-21 0 (h)(l2), access driveways running parallel to the street shall not create a
four-way intersection within 75' of the future curb line of the street.
3 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. Is construction of
the development proposed to be phased and a variance requested to advance grade the entire property?
4 Obtain permits for improvements within State Highway right-of-way from AHTD, District VI.
5 Storm water detention ordinance applies to this property.
6 If disturbed area is I or more acres, obtain a NPDES storm water permit from the Arkansas
Department of Environmental Quality prior to the start of construction.
7 Driveway locations and widths do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. Driveways on minor arterial streets should be spaced 300 ft from other driveways
and intersections and ISO ft from the side property line. The width of driveway must not exceed 36
feet. A driveway variance must be requested.
8 Show the location proposed gate controller. The controller must be located at least 60 ft from the
Stagecoach Road curb.
Friday, October 03,2014 Page 8 of8
City of Little Rock
Department of Planning and Development
723 West Markham Street
Uttle Rock, Arkansas 72201-1334
Phone : (501) 371-4 790 Fax: (501) 399 ·3435 or 371-6863
DATE: September 22, 2014 NAME: Hillcrest Camshaft Short-form PID
D
D
D
D
D
D
o _..-
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D
0
D
0
D
Entergy (1) TYPE OF ISSUE: Planned Industrial Development
Center Point -ARKLA
AT&T(2) FILE NUMBER: Z-2638-D
Central Arkansas Water
Little Rock Wastewater
Pulaski County Planning
LOCATION: 5502 West 65 1h Street
Little Rock Fire Department
Public Works: Engineering, Traffic (2)
Parks and Recreation Department
Planning and Development-Site Plan Review
Planning and Development Graphics
Planning and Development-Building Codes
CATA
TO WHO IT MAY CONCERN:
On October 30, 2014 the Little Rock Planning Commission will consider the above referenced issue.
NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on October 3. 2014.
Planning
Zoning and
Subdivision
NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 8, 2014.
A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations
will be appreciated.
Sin c e~
Don!~,AICP
Subdivision Administrator
(Please respond below and return this letter with your comments for our records.)
______ Approved as Submitted. PLEASE RETURN COMMENTS BY October 6, 20 14 .
______ Easement (s) required (See attached plat or description.)
*To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement
or the request will not be included in the Planning Commission agenda.
By: -------------
Enclosure
Department of Planning and Development
723 West Markham Street
Uttle Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
Planning
Zoning and
Subdivision
l { City of Little Rock
~--------------------------------------------------~
DATE: September 22,2014 NAME: Hillcrest Camshaft Short-form PID
~
0
0
0
0
0
0
0
0
0
0
0
0
Entergy (I) TYPE OF ISSUE: Planned Industrial Development
Center Point -ARKLA
AT&T(2) FILE NUMBER: Z-2638-D
Central Arkansas Water
Little Rock Wastewater
Pulaski County Planning
LOCATION: 5502 West 65'h Street
Little Rock Fire Department
Public Works: Engineering, Traffic (2)
Parks and Recreation Department
Planning and Development-Site Plan Review
Planning and Development Graphics
Planning and Development-Building Codes
CATA
TO WHO IT MAY CONCERN:
On October 30, 2014 the Little Rock Planning Commission will consider the above referenced issue.
NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on October 3, 2014.
NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 8, 2014.
A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations
will be appreciated.
ince~
Don~~s , AICP
Subdivision Administrator
(Please respond below and return this letter with your comments for our records.)
-----------Approved as Submitted . PLEASE RETURN COMMENTS BY October 6, 2014
__________ .Easement (s) required (See attached plat or description.)
*To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement
or the request will not be included in the Planning Commission agenda.
Ll..a:= EXt~ A4J:!4 7Ui: SM. i..Csl lltoL t:F 1?¥ S'vOVIViStc,J.,l ~ 7llf ~£16 iAirn·l It iHt;lf '>1~-£'
By: "'6. ~'()f.ltZtal 'Y~ ~·~ -rt> ~~ '71£ ('E:LL-~. E;,ISTI;Jci ~ LIJI'iS MAY
Enclosure
~ -;t:> ~ ~U)cA~ )liX TD -m;:;: COI·{S"T'f!.iJ rttc,'.J bF ·71/i. YRcr~
(5v ;t.. 'J)U·IG _ ~ '7D ~tS T' ~ 7 hAJ~ i-1 N"e5 IS J;tEO() r ~e::J:> Z-'V7
·fN ~ '"fRL>C::KS r;,__ t-fAiN~")..lAN4 ~SGoN:5. ~~I../ Clr
rEJ-Jt:~ MtJc:;.,-NC'I' INIH15'1" Acc.c:'"i'S · ~c:::r-£"~·'/ IN AWAw't'i:
IZ' Yi5C-t...;'> $'£1!!Vic:E ~ll: ~ .l~-G> l-..4){£ i..Cic:Jllrt.~·s PRIIIC "7'0
~ (.; r ... 'i"'T'eli c::l/o>-J
Central Arkansas
Transit Authority
Memo
To:
From:
Date:
Re:
Donna James, City of Little Rock Department of Planning and
Development
Bill Adcock, Director of Operations
September 25, 2014
5502 West 65th Z-2638-D
We have studied the plans submitted by your office on the above referenced area.
The area is not currently directly served by CATA at this location but very close to route #15 Sixty
Fifth Street and route #22 Mabelvale Midtown.
While this location is in our service area, the small single business unit should not generate
significant ridership for pullouts so we only request ADA compliant sidewalks are required at this
location.
Thank you for your attention to this matter, and allowing us to discuss our concerns.
City of Little Rock
Department of Planning and Development
723 West Markham Street
Uttle Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
DATE: September 22, 2014 NAME: Hillcrest Camshaft Short-form PID
0
0
0
0
0
0
D
0
0
0
0
0
~
Entergy (1) TYPE OF ISSUE: Planned Industrial Development
Center Point -ARKLA
AT&T(2) FILE NUMBER: Z-2638-D
Central Arkansas Water
Little Rock Wastewater
Pulaski County Planning
LOCATION: 5502 West 651h Street
Little Rock Fire Department
Public Works: Engineering, Traffic (2)
Parks and Recreation Department
Planning and Development-Site Plan Review
Planning and Development Graphics
Planning and Development -Building Codes
CATA
TO WHO IT MAY CONCERN:
On October 30, 2014 the Little Rock Planning Commission will consider the above referenced issue.
NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on October 3, 2014.
Planning
Zoning and
Subdivision
NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 8, 2014.
A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations
will be appreciated.
S ince~
Don~~s, AICP
Subdivision Administrator
(Please respond below and return this letter with your comments for our records.)
______ Approved as Submitted. PLEASE RETURN COMMENTS BY October 6. 2014 •
______ Easement (s) required (See attached plat or description.)
*To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement
or the request will not be included in the Planning Commission agenda.
Comments :
By: ---------------
Enclosure
~~7r:;JCJN
)Jf/f A!d fl6!_)1 .fl/ n'~ eo)Yl WIISS.IOYL-
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NOTfCE OF PUBLIC HEARING
BEFORE
THE UTTLE ROCK PLANNING COMMISSION
ON AN APPLICATION TO E...~TABLISH A
LONG-FORM PLANNED ZONING DEVELOPMENT
To ALL owners of land lying within 200 feet of the boundary of the property located at:
tD6TH S\R€.E.1 E Lt\tJCAST~B. R.o~t)
03101110
(GENERA L LOCATTON OF PROPERTY ON WHICH THR PROPOSED PZD IS TO BE ESTABLISHED)
S~\~ w . (pSi\\ S\R~'E.\ L"l.T\Lf. Roc.\<.1 f\RV..AIV~A~
(ADDRRSS OF PROPOSED PZD LOCATION, fF AVAILABLE)
o\Jc'"j~ Ne£±e(e(l) ~ ?roeeQ+tes LJ.-(j_
(NAME OF OWNER) s.s-o z.... w . w 5t1. n L-~ fWl.. ""1 z. -zo9
(ADDRESS OF OWNER)
Number of proposed lot~:_\ __ ; Proposed Ltse of property : l.~t)U~ \ R. l: *' l
NOTTCE IS HERERY GIVEN THAT an application for a Planned Zoni~g Development (PZD) on the
above property, reqllt:Sling a change of zoning l!la~sification from :t.·J f cr j. District to PrD
District. has been tiled with the Department of Planning and Development. A public hearing to consider
the requested ch~nge in z.oning classificalion and to review the proposed site development plan will be
held by the Little Rock Planning Commission on OC.T. ~0 1 l 0 \"'\ . at "'' 0 Q
P .M in the Board of Directors Chamber, second floor, Little Rock City Hall. located at 500 W.
Markham Street.
ALL PARTIES IN INTEREST MAY APPEAR and be heard at the above cited time and place, nr any
party in inreresr may notify the Planning Commission of their views on this matter by letter. All persons
interest::Ll in this request are invited to call ur visit the Department uf Planning and Develnpment.
located at 723 W. Markham St., phone, 37!-4790, to review and discuss the applicatiun information
with the Planning staff. Correspondence to the Plimuing Cornrnis~ion may be addl·essed to the
Commission as a whole or to individual Commission members in care of the Little Rock Department uf
Planning and Development, 723 W. Markham St., Lirtle Rock. AR 7220 I.
AFFIDAVIT
I hereby certify that I have noli fied ~II the property owner~ of record within 200 feet of the above
property that subject property is being considered for rezoning and that a Public Hearing is to be held by
the Little Rock Planning Commission at the time a~::<lm:;b~ 'b":
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LmLE ROCK, AR 72209
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LITTLE ROCK, AR 72112
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PULASKI
COUNTY TITLE
Billed To: MARLAR ENGINEERING CO., INC.
ATIN: LYNNE JEWELL
Property:
DESCRIPTION
200' OWNERSHIP SEARCH
Total Amount Due:
Remit Payment To: Pulaski County Title, LLC
Attention: Christi Barg
INVOICE I
Invoice Date: OCTOBER 10,2014
Please Pay Before: NOVEMBER 10,
2014
PCT Number: 414403-18
Settlement Date: n/a
AMOUNT
$830.00
$830.00
12921 Cantrell Road, Suite 401
Little Rock, AR 72223
**PLEASE MAKE ALL CHECKS PAYABLE TO PULASKI COUf-.ITY TITLE, LLC
**PULASKI COUNTY TITLE, LLC'S LIABILITY IS LIMITED TO THE AMOUNT PAID FOR
SERVICES RENDERED AS REFERENCED ABOVE.
10 OCTOBER, 2014
M
PULASKI
COUNTY TITLE
12921 CANTRELL ROAD STE 401
LmLE ROCK, ARKANSAS 72.223
501-537-3700 FAX 501-537-3701
RE: THE NORTH 200 FEET OF TRACT 24, AND PART OF TRACT 25, LEIGH AND BUTLER ACRES SUBDNISION, IN THE
CITY OF LllTLE ROCK, PULASK! COUNTY, ARJ<ANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT
THE NORT!iWEST CORNER OF SAID TRACT 25; THENCE SOUTH 89 DEGREES 53 Mtm.JTES EAST ALONG THE NORTH UNE
OF SAID TRACT 25 AND 24, 656 .8 FEET TO THE NORTHEAST CORNER OF SAID TRACT 24; THENCE SOUTH ALONG THE
EAST LINE OF TRACT 24, 200.00 FEET'; THENCE NORTH 89 DEGREES 53 MINUTES WEST 328.4 Fl!BT TO THE EAST LINE OF
TRACT 2S; nfENCE SOUTH ALONG THE EAST L.INE OF TRACT 2S, 99 .22 FEET; THENCE NORTH 9 DEGREES S3 MlNUTES
WEST I 00.0 FEET; THENCE SOUTH 308 .17 FEET TO THE NORTH RIGHT-OF-WAY LlNB OF WEST 65TH STREET; THENCE
NORTH 89 DEGREES Sl MINUTES 30 SECONDS WEST ALONG SAlD NORTH RIGHT-OF-WAY LINE 228.4 FEET TO THE WEST
LINE OF TRACT 2S; THENCE NORTH ALONG SAID WEST LINE OF TRACT 2S, 607.29 FEET TO THE POINT OF BEGINNING.
THE FOLLOWING IS A LIST OF THE APPARENT PROPERTY
OWNERS LYING WITIDN 200 FEET OF THE ABOVE DESCRIBED LAND:
LOT I, STONEGA TE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
EUNISTENE L. BARNES
1 SOUTHERN OAKS DR.
LITILE ROCK, AR 72209
LOT 2, STONEGA TE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
DAVID A. JOHNSON
4483 SALISBURY DR.
CARLSBAD, CA 92010
LOT 3, STONEGA TE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
LANNIE JEAN DAWSON
5 SOUTHERN OAKS DR.
LITTLE ROCK, AR 72209
LOT 4, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS .
JOHNNY APPLE
7 SOUTHERN OAKS DR.
LITTLE ROCK, AR 72209
LOT 5, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
NATURAL STATE
PROPERTY INVESTMENTS, LLC
P.O.BOX473
BRYANT, AR 72089
LOT 6, STONEGATE, AN ADDITION TO THE CITY OF LITILE ROCK, PULASKI COUNTY,
ARKANSAS.
DAVID A. WITHERS
STIMBERLN.
LITTLE ROCK, AR 72209
LOTS 7 AND 8, STONEGATE, AN ADDITION TO THE CITY OF LfiTLE ROCK, PULASKI
COUNTY, ARKANSAS.
HOMERO GALICIA AND
ANA GALICIA
9TIMBERLN.
LITTLE ROCK, AR 72209
LOT 9, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
JOAN PATRICIA LANDER
11 TIMBER LN.
LITTLE ROCK, AR 72209
LOT 13, STONEGA TE, AN ADDmON TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS .
WRRAINE LOCKHART
18 TIMBER LN.
LITTLE ROCK, AR 72209
LOT 14, STONEGA TE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS .
MANUEL CASTRILLO
16 TIMBER LN.
LITTLE ROCK, AR 72209
LOT 15, STONEGA TE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
JAMES A. LANIGAN AND
JOHNIC LANIGAN
14 TIMBER LN.
LITTLE ROCK, AR 72209
LOT 16, STONEGATE, AN ADDITION TO TilE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
WILLIAM H. SMITH
AND/OR BOBBY DONALD SMITH
10 TIMBER LN.
LITTLE ROCK, AR 72209
LOT 17, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
ANSELMO HERNANDEZ
8TIMBERLN.
LITTLE ROCK, AR 72209
LOT 18, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
GAYLON E. CARTER AND
MYRIAM CARTER
15025 JANET LN.
MABELVALE, AR 72103
LOT 19, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS .
THE ROBERT J. DUDLEY
REVOCABLE LIVING TRUST
1214 N. HUGHES ST.
LITILE ROCK, AR 72207
LOT 80, STONEGA TE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS . .
ANDREW JOHNSON
1607 ROCK ST.
LITTLE ROCK, AR 72206
LOT 81, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
ANTHONY JAMES WEIGAND,
TINA MARIE MAXEY, AND
PATRICIA JEAN WEIGAND (LIFE ESTATE)
4 SOUTHERN OAKS DR.
LITILE ROCK, AR 72209
LOT 82, STONEGATE, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
WILLIAM MERLE TOLBERT
9424 CRYSTAL HILL RD.
MAUMELLE, AR 72113
AND fOR
2 SOUTHERN OAKS DR.
LITTLE ROCK, AR 72209
LOT 2R, FORTUNE LITTLE ROCK COMMERCE CENTER ADDITION TO THE CITY OF LITTLE
ROCK, PULASKI COUNTY, ARKANSAS .
AMERICAN ALLIANCE INVESTMENTS, LLC
9223 OWENSMOUTH AVE.
CHATSWORTH, CA 91311
APART OF TRACT 11, LEIGH AND BUTLER ACRES SUBDIVISION, IN THE CITY OF LITTLE
ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 11; THENCE SOUTH
FOR 141 .5 FEET ALONG THE WEST LINE OF SAID TRACT 11 AND THE EAST RIGHT OF WAY
LINE OF LANCASTER ROAD; THENCE EAST FOR 168.8 FEET; THENCE NORTHERLY 141.5
FEET TO THE NORTH LINE OF SAID TRACT 11; THENCE WEST ALONG SAID NORTH LINE '
FOR 169.9 FEET TO THE POINT OF BEGINNING.
AND
PART OF TRACT 11, LEIGH AND BUTLER ACRES SUBDMSION, IN THE CITY OF LITTLE
ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTIIWEST CORNER OF SAID TRACT 11, THENCE
SOUTH 141.5 FEET ALONG THE WEST LINE OF SAID TRACT 11 AND THE EAST RIGHT OF
WAY LINE OF LANCASTER ROAD TO THE POINT OF BEGINNING; THENCE EAST 168.8 FEET;
THENCE SOUTHERLY 178.0 FEET; THENCE WEST 169.2 FEET TO A POINT ON THE WEST LINE
OF SAID TRACT 11; THENCE NORTH AND ALONG SAID WEST LINE A DISTANCE OF 178.0
FEET TO THE POINT OF BEGINNING.
BEVERLY J. DICKSON
16 CREPE MYRTLE PL.
LIITLE ROCK, AR 72210
THE NORTH ~AND THE WEST ~ OF TRACT 12, LEIGH AND BUTLER ACRES SUBDIVISION,
IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS.
LONNIE J. BRYANT AND
JEWEL ANITA FLOWERS
6307 LANCASTER RD.
LITTLE ROCK, AR 72209
LOT l, BRUCK 'S REPLAT OF PART OF TRACT 12, LEIGH AND BUTLER ACRES SUBDIVISION,
IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS.
THE JOHN A. MATTINGLY AND
EDNA B. MATTINGLY JOINT
REVOCABLE TRUST
7616 WOODSON RD.
LIITLE ROCK, AR 72209
PART OF LOT 2, BRUCK'S REPLAT OF TRACT 12, LEIGH AND BUTLER ACRES SUBDIVISION,
IN THE CITY OF LITILE ROCK, PULASKI COUNTY, ARKANSAS; MORE PARTICULARLY
DESCRJBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2; THENCE NORTH 00
DEGREES 55 MINUTES 52 SECONDS WEST, 78.87 FEET; THENCE NORTH 89 DEGREES 36
MINUTES 58 SECONDS EAST 147.73 FEET; THENCE SOUTH 00 DEGREES 37 MINUTES 11
SECONDS EAST 79.87 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 00 SECONDS WEST
147.30 FEET TO THE POINT OF BEGINNING.
MARGARITA RAMOS
31 CLEMENT DR.
LITTLE ROCK, AR 72209
LOT 1, SID HAYDON REPLAT OF TRACT 26, LEIGH AND BUTLER ACRES SUBDIVISION,
EXCEPT THE SOUTH 12 FEET THEREOF AND LOTS 10, 11, 12, AND 46, STONEGATE
ADDITION, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, LESS AND
EXCEPT THAT PORTION CONVEYED IN QUITCLAIM DEED OF RECORD AS DOCUMENT NO.
96·4710, RECORDS OF PULASKI COUNTY, ARKANSAS.
HILLCREST CAMSHAFT SERVICE, INC.
5502 W. 65TH ST.
LITTLE ROCK, AR 72209
LOT 1 OA, SID HAYDON REPLA T OF TRACT 26, LEIGH AND BUTLER ACRES SUBDIVISION,
EXCEPT THE SOUTH 12 FEET THEREOF AND LOTS 10, 11, 12, AND 46, STONEGATE ADDITION
TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS.
ARTHUR B. SABB, JR. II
P.O. 56483
LITTLE ROCK, AR 72215
LOT 11A, SID HAYDON REPLAT OF TRACT 26, LEIGH AND BUTLER ACRES SUBDIVISION,
EXCEPT THE SOUTH 12 FEET THEREOF AND LOTS 10, 11, 12, AND 46, STONEGATE ADDITION
TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS.
MEREDITH CAMILLE MACK
8 EMERALD CT.
LITTLE ROCK, AR 72212
LOT 12A, SID HAYDON REPLAT OF TRACT 26, LEIGH AND BU'ILER ACRES SUBDMSJON,
EXCEPT THE SOUT~ 12 FEET THEREOF AND LOTS 10, 11, 12, AND 46, STONEGATE ADDITION
TO THE CITY OF LIITLE ROCK, PULASKI COUNTY, ARKANSAS
EMANUEL MORTON WALKER, JR. AND
SHERRY ANN WALKER
19 TIMBER LN.
LIITLE ROCK, AR 72209
LOT 46A, SID HAYDON REPLAT OF TRACT 26, LEIGH AND BUTLER ACRES SUBDIVISION,
EXCEPT THE SOUTH 12 FEET THEREOF, AND LOTS 10, 11, 12, AND 46, STONEGATE
ADDITION, IN THE CITY OF LITTLE ROCK, PULASKI CQUNTY, ARKANSAS.
GILBERTO CASILLAS
66 SOUTHERN OAKS DR.
LITTLE ROCK, AR 72209
PART OF TRACT 25, LEIGH AND BUTLER ACRES SUBDIVISION, IN THE CITY OF LITTLE
ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID TRACT 25 AND THE
NORTH RIGHT OF WAY LINE OF WEST 65TH STREET; THENCE SOUTH 89 DEGREES 51
MINUTES 30 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY, 228.4 FEET; THENCE
NORTH 138.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 170.0 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES EAST, 100.0 FEET TO THE EAST LINE OF SAID
TRACT 25; THENCE SOUTH ALONG SAID EAST LINE, 170.0 FEET; THENCE NORTH 89
DEGREES 53 MINUTES WEST, 100.0 FEET TO THE POINT OF BEGINNING.
AND
PART OF TRACT 25, LEIGH AND BUTLER ACRES SUBDMSION, IN THE CITY OF LITTLE
ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 25; THENCE NORTH 15 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG THE LINE BETWEEN
TRACTS 24 AND 25, 135 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF LOT 25,
100.0 FEET; THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAID LOT 25, 135 FEET
TO THE NORTH RIGHT OF WAY LINE OF WEST 65TH STREET; THENCE EAST ALONG SAID
RIGHT OF WAY LINE 100 FEET TO THE POINT OF BEGINNING.
CURTIS J. JONES AND
PATSY 0. JONES
1802 E. 2ND ST.
FLINT, MI 48503
THE SOUTH 100 FEET OF THE NORTH 300 FEET OF TRACT 24 OF LEIGH AND BUTLER ACRES
SUBDIVISION, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, LESS AND
EXCEPT THAT PORTION AS DESCRIBED IN QUITCLAIM DEED OF RECORD AS DOCUMENT
NO. 2007085930, RECORDS OF PULASKI COUNTY, ARKANSAS.
THE BOBBY AND MARION
BOGARD LIVING TRUST
499 TORTOISE BAY RD.
HIGDEN, AR 72067
THE SOUTH 100.0 FEE-1' OF THE NORTH 400.0 OF TRACT 24, LEIGH AND BUTLER ACRES
SUBDMSION, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, LESS AND
EXCEPT THAT PORTION AS DESCRIBED IN WARRANTY DEED OF RECORD AS DOCUMENT
NO. 2010000253,.RECORDS OF PULASKI COUNTY, ARKANSAS.
SCOTT MONTGOMERY
1737 SE 45TH AVE.
PORTLAND, OR 97215
THE SOUTH 219 FEET OF TRACT 24 LElGH AND BUTLER ACRES SUBDIVISION, IN THE CITY
OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, LESS AND EXCEPT THAT PORTION
DEEDED TO THE CITY OF LITTLE ROCK, ARKANSAS.
SAND DOLLAR, LLC
705 s. 24TH ST.
FORT SMITH, AR 72901
LOT lR, S.M. THOM REPLAT OF LOTS 1 AND 2, CRESTHILL'S REPLATOP TRACT 15, LEIGH
AND BUTLER ACRES SUBDIVISION, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY,
~SAS . .
THE DAVIS FAMILY TRUST
3605 JAMIE LYNN DR.
LI'ITLE ROCK, AR 72206
LOT I, 65TH CENTER SUBDIVISION, IN THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS.
65™ CENTER, INC.
C/0 BROWN ROGERS AND CO.
1 EXECUTIVE CENTER CT.
LITTLE ROCK, AR 72211
CERTIFIED THI~ THE 26TH DAY OF SEPTEMBER, 2014@ 6:00A.M .
THIS IS A LIMITED SEARCH OF THE RECORDS AND lS NOT TO BE CONSTRUED AS A
TITLE INSURANCE POLICY, LEGAL OPINION OR COMMITMENT TO INSURE. LIABILITY IS
LIMITED TO THE AMOUNT CHARGED FOR THIS SEARCH.
SINCERELY,
City of Little Rock
Department of Planning and Development
723 West Markham Street
Uttle Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax : (501) 399 -3435 or 371-6863
Planning
Zoning and
Subdivision
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING
COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF
LAND
DATE: September 26. 2014
TO: Southwest Little Rock United for Progress
ATTENTION: Ms. Pat Gee
ADDRESS: 8409 Dowan Drive
Little Rock AR 72209
REQUEST: Hillcrest Camshaft Short-form PID (Z-2638-D), a request to rezone the site
from 1-2 , Light Industria l and 0-3, General Office District to PID (Planned Industrial
Development) to allow the construction of an access drive to Lancaster Road .
construction of a new 17.000 square foot warehouse and the allowance of a second
15,000 square foot warehouse.
GENERAL LOCATION OR ADDRESS: 5502 West 55th Street ~~~~~~~~~-----------------
OWNED BY/APPLICANT :_T.:...:i.:..:.m.:..._____,_N=e=s=te:..:..re=nc..:..:.k=o'-'-, ---'H-"i=llc=r-=-e=st=-----=C=a:.:..:m..:.;:s"""'h=a~ft---=D-=-e-'-'ve=l=opt:...,;e=r
(501 .565.6700)
NOTICE IS HEREBY GIVEN THAT an application for a 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 Little Rock Board of
Directors Chambers, second floor, City Hall, 500 West Markham Street, on October 30,
2014 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.
Tony Bozynski
Director of Planning and Development
City of Little Rock
Department of Planning and Development
723 West Markham Street
Uttle Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
Planning
Zoning and
Subdivision
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING
COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF
LAND
DATE: September 26. 2014
TO: ____________ VV~a~k~e~fie~l~d~N~e~iq~h~b~o~r~h~oo~d~A~s~so~c~-----
A TIENTION: _____ T..:....:ic:....:n=a....:...K.:..:...n=iq=h=-=-t _________ _
ADDRESS : ______ --'4'-"6--'VV:....:.....:=ce=st;:_;M:...:...:..:..:i n.:..;..;is=t=er=--=D.:....:.riv..:...;e~-----------
Little Rock AR 72209
REQUEST: Hillcrest Camshaft Short-form PID (Z-2638-D). a request to rezone the site
from 1-2 , Light Industrial and 0-3 , General Office District to PID (Planned Industrial
Development) to allow the construction of an access drive to Lancaster Road,
construction of a new 17,000 square foot warehouse and the allowance of a second
15.000 square foot warehouse.
GENERAL LOCATION OR ADDRESS: 5502 VVest 65th Street -===~~~=-~~=------------------
OVVN ED BY I APP Ll CANT :_T.:....:i.:....:.m.:......__....:...N.:...::e=s=te::..:...r=en"""k=o'"'"", ---=H..:.:ic:..:..llc=r-=-e=st=----=C=a:.:....:m..:..::s:..:...;h=a.:....:ft_--=D-=-e-=-ve=l=op=e~r
(501.565.6700)
NOTICE IS HEREBY GIVEN THAT an application for a 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 Little Rock Board of
Directors Chambers, second floor, City Hall, 500 VVest Markham Street, on October 30,
2014 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.
Tony Bozynski
Director of Planning and Development
lf"pzd.d oc
INFORMATION SHEET FOR
SUBDIVISION PZD's, ZONING
OR SUBDlVTSTON SITE PLAN REVIEWS
ITEM 0. __ -----=----:-----.----
FILE N0. __ '2__-0<--1~--"'-(,~3 -=-~---'-!\......,___
DATE '1 ~ \ '1-l 0 \4
NAME: '-'I LLCRE ~ \ C~fo'\ ~~1\fl'
03/01/10
LocATioN: SoH"!\ w. (g51H ~1R.ti::r LJ:nLE R.oc.K) f\R.
DEVELoPER TI:M NE~\\:REtJ ko
STREET ADDRESS 55 0 ~ w. loS "\h COTB'E. 't T
ciTY 1sT ATE/ZIP L :r I..,. L. E Ro c r:. , P..R lJ ~ ';} o 9
TELEPHONENO. (501J S<.DS~(D'"JOQ
ENGINEER: M!.C. H f\'€ L M~R LJ\R
STREET ADDRESS 5 ~ \8 "30\HJ F. Kt.tJ~EDY BLVD.
CITY/STATE/ZIP ~ORTI-\ L'l:l'TLE Rot~\ M~. '1 ~ \\ \p
TELEPHONE NO. (so() 15 ~ · \(\B 'I
AREA 5. 3 8 )..c.i.ES
Fr. NEW STREET-:-, ____._,N'-+/.cA.__ __ _
ZONING I·l ~ 0· ~
PLANNING DISTRICT ------
VARIANCES REQUESTED
1.)
2.)
3 .)
4.)
NUMBER OF LOTS------
PROPOSED USES I tJ DuST R.IA. L ( Pl:t:>)
CENSUS TRACT ______ _
Irpzd.doc
STREET RIGHT-OF-WAY
AGREEMENT
03/01/10
CASENO.Z-t)L .. 3Q .-i~ LOCATION/ADDRESS 5~\4 \.U. lo~1\\ ~1REf:J
DATE q 11~ l ;}Q 11-
DOCKETEDFORMEETINGON ~Q~~\~·-3~0~,~~~0~\~1~------------------
I, J7 M Ne6~rel\l {'-U , do hereby agree/disagree to dedicate to the public
any needed right-of-way as required by the Master Street Plan for a public street abutting property on
which I am requesting Planned Zoning District.
I, , agree/disagree to provide at my expense an
easement deed and/or other documents as necessary conveying such right-of-way to the public.
APPLICANT/OW E ~ DATE 7'-/ 7-//f'
(IF THE ABOVE SIGNATURE REPRESENTS AN APPLICANT OTHER THAN THE TITLE
HOLDER, ATTACHMENT OF A LETTER IS REQUIRED AUTHORIZING THIS PERSON TO ACT
IN BEHALF OF THE TITLE-HOLDER.)
lfpzd .do~ 03/01/10
AFFIDAVIT
certify by my signature below that I hereby
authorize to act as my agent regarding the
Property described as: \\-\t:: Wo@:n\ ~00' O'F \~~(.\ ~4 1 1\)J\) P~l(.\ o; TRM.T
~S', lE!G ~ ~ Bu."tl.ER "tll'a~ SU~t>Y.\Jr~I.Ot..~1 lt.J T~~ t!\'1 OF
q -I t"J -l1
Date
Subscribed and sworn to me, a Notary Public on this _____ {_{....:;_fl.v _____ __:day of
~~ 1 ~OIL{.
My Commission Expires :
~ e NANCY LYNNE JEWELL ' ':£" MY COMMISSION t# 12358113 ~
EXPIRES:~30,2017 '
P\llllld Cotllty
REALESTATEPURCHASEAGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is executed
by Purchaser this ~'i .... day of JuNe , 2014, and shall be effective upon the date of
execution of by Linda J. Smith, Trustee of the Leon and Linda Smith Revocable Trust
dated February 1, 2012 ("Seller") and Alex Nesteren.ko ("Purchaser").
WITNESSETII,. for and in consideration of the covenants and agreements herein
contained, and other good and valuable consideration, Seller hereby agrees to sell to
Purchaser, and Purchaser hereby agrees to purchase from Seller, the Property hereinafter
described upon the terms and conditions hereinafter set forth:
1 . Sale of Propertv. Seller agrees to sell, transfer and convey to Purchaser
and Purchaser agrees to purchase from Seller, in accordance with the terms of this
Agreement, all of Seller's right, title, estate and interest in and to that certain real
property commonly known as 5212 West 65th Street (Tax Parcel 34L3590006000) and
6300 Lancaster Road (Tax Parcel 34L3630004300), in the City of Little Rock, Pulaski
County, Arkansas and more particularly described on Exhibit "A", affixed hereto and by
this reference made a part hereof, together with all rights, privileges, easements and
interests appurtenant to said land (hereinafter referred to as the "Property"). All or a
portion of the Property is subject to a Lease Agreement from Seller to Motion Industries,
Inc., a Delaware corporation ("Tenant"), a copy of which is marked Exhibit "B" and
affixed hereto (the "Lease"). Seller agrees to transfer and assign the Lease to Purchaser
and the Purchaser agrees to assume all obligations pursuant to the Lease at Closing.
(a) Earnest Money Deposit. Upon execution of this Agreement,
Purchaser shall pay to Escrow Agent within .five (5) day after the date of acceptance by
t1h1e.S1elllle1r1, lhlllelirlleinilaftell· rlllidlile:fin·e~d, an Earnest Money Deposit in the amount of
suoh Earnest Mooey Depo it to be applied to the Purchase
Price at tbe closing, hereinafter described ("Closing"). The Earnest Money Deposit made
pursuant to this Agreement shaU be held in escrow by Standard AbstracL & Title Co .•
Inc., 3420 Old Cant rell Road , Linle Rock. Arkansas ("Escrow Agent").
(b) Payment of Purchase Price. At Closing, Purchaser shall cause the
Escrow Agent to pay all Earnest Money to Seller, and Purchaser shall pay the balance of
the Purchase Price subject to prorations and adjustments, by certified or cashier's check
or by wire transfer or by a check issued by the Title Insurance Company (as hereinafter
defined).
(c) Release of Encumbrances. Seller shall cause, at Seller's cost, any
and all assessments, liens, leases and tenancies and other encumbrances affecting the
Property, including, without limitation, any mechanic's lien, security interest, mortgage or
deed of trust to be satisfied and released prior to Closing. The proceeds due at Closing
may be applied by Seller to satisfy or pay any such encumbrance.
Page -1-
(d) Expenses. Seller shall be responsible ro pay for aU expenses in
connection with the curing of any objections to title, payment of any liens and recording
costs to release any liens, Seller's attomeys' fees and such other expenses provided to be
paid by Seller herein. Purchaser shall be responsible to pay for expenses and premiums
for the Purchaser's title! insurance commitment and title insurance policy, the recording
fee for the special warranty deed, all real estate transfer taxes, any escrow or closing fees
charged by the Title Insurance Company, hereinafter described, and such other expenses
provided to be paid by Purchaser herein.
3. Prorations and Adjustments. The following promtions and adjus1ments
shall be made to the Purchase Price at Closing:
(a) Taxes. All ad valorem real estate taxes and special assessments
("Taxes") imposed on the Property for the 2014 tax year or any prior year and not yet due
and payable as of the Closing Date, as hereinafter defined, shall be prorated and adjusted
to the Closing Date, based on the latest information available with res"pect to Taxes and in
accordance with customary pmctice in Little Rock, Arkansas. If the amount of taxes is
ultimately determined to be greater than the amount of Taxes used for the promtion
required to be made hereby, Seller will pay to Purchaser Seller's proportion or share of
such increased Taxes attributable to the period prior to Closing Date. If the amount of
Taxes is ultimately determined to be less than the amount of Taxes used foT the proration
required to be made hereby, Purchaser will pay to Seller Purchaser's proportion or share
of such decreased Ta:xes attributable to the period prior to the Closing Date. The parties
agree to pay promptly the credit due on such proration as and when such credit becomes
ascertainable. All Taxes due and payable on or before the Closing Date, including,
without limitation, Taxes for the 2014 year, and not yet paid shall be paid by Seller on or
before the Closing Date. All prorations will be on the basis of a 365-day year with the
Clo. ing Date being charged to Seller. If the Property is not separately assessed and is part
of a larger parcel assessed for ta.x purposes, the Taxes for the Property shall be further
prorated based on the proportion that the assessed value of the Property bears to the
assessed value of the larger parcel. .,,
. t
(b) Other Prorated Items. Subdivision assessments, fees and charges for
utilities, including water, sewer, gas and electric, if any, shall be prorated and adjusted to
the Closing Date, and the amount thereof shall be added to or deducted from the Purchase
Price, as the case may be, provided, however, that if the Tenant is directly obligated to
pay any of such items pursuant to the Lease, such item shall not be prorated, but shall
continue to be an obligation of Tenant pursuant to the Lease. All such expenses shall be
prorated and adjusted on the basis of thirty (30) days to the month with the Closing Date
charged to Seller, provided, however, with respect to tho e fees and charges which may
be read or computed by the party rendering services so that such fee or charge may be
billed directly to the Seller 9Jith respect to any charges incuiTed up to and including the
Closing Date and to Purchaser with respect to any charges incurred after the Closing
Date, then either party hereto may cause such fee or charge to be read and billed directly
to the appropriate party and such charge shall not be subject to the proration under this
Agreement.
Page -2-
.. -·--------------------------------------------------
5. Breach of Covenants. In the event of the breach of any covenant made in
this Agreement by Seller, Buyer shall be entitled to terminate this Agreement at any time
prior to Closing and receive the return of its Earnest Money Deposit.
6. Investigation of the Property. From and after the date of this Agreement,
Seller grants to Purchaser and its agents and representatives upon reasonable notice to
Seller reasonable access to the Property during Seller's normal business hours or as such
times as Seller shall agree, and Purchaser may. through its agents and representatives,
conduct a complete physical inspection of the Property including, without limitation,
preparation of boundary line and topographical surveys, environmental and hazardous
waste and substance investigations and such other engineering and mechanical
inspections and investigations as Purchaser may reasonably require. Pur~haser shall
indemnify Seller against any mechanic's liens or other claims against the Property or
Seller's ownership therein for any services rendered to the Property by Purchaser's
inspection, surveying or other work performed by or through Purchaser for any damage
done to the Property and from any expense, liability or claims arising from the acts of
Purchaser or any of its agents, representatives or contractors, and, if Closing does not
occur hereunder Purchaser shall restore the Property to substantially the same condition
as it existed prior to such investigations. Seller makes no covenant, representation or
warranty as to the suitability of the Property or as to the physical condition thereof for
any purpose whatsoever. Buyer acknowledges that it has inspected the Properly,
observed its physical characteristics and existing conditions, and has been afforded the
opportunity to conduct such investigation ami study an and of the Property as it deems
necessary for the purpose of acquiring the Property for Buyer's intended use, and Buyer
hereby waives any and all objections to or claims with respect to any and alJ physical
characteristics and existing conditions of the Property, incl-uding , wrtbou)limitation. any
hazardous materials in, at, on, \lnder or related t o the Property. Specifically, Buyer shall
retain the services and obtain a report regarding the environmental condition of the
Property and based on such report shall determine that the Purchase Price of the Property
for anticipated costs of remediation of suspected contamination on the Property, if any, is
reasonable. Buyer further acknowledges and agrees that the Property is to be sold and
conveyed to and purchased and accepted by, Buyer in its present condition, "as is" and
with all faults , and Buyer hereby assumes the risk that adverse past, present OT future
physical characteristics and conditions may not have been revealed by its inspection or
investigation. Upon Closing, the Buyer shall deliver to the Seller general releases
releasing Seller of and from any and all claims regarding the condition of the Property,
including without limitation the environmental condition of the Property, and further
releasing Seller of and from any and all environmental claims and causes of action
existing now or hereafter created or enacted, whether at common law or by federal, state,
county or municipal law or ordinance including without limitation claims and causes of
action under CERCLA, RCRA, ECRA and federal and state clean water and clean air
laws. Purchaser's covenants in this Section 6 shall survive the termination of this
Agreement.
7. Contingencies. In addition to any other conditions set forth in this
Agreement, Purchaser's obligation to consummate. the purchase provided for herein shall
be subject to the fulfillment, by satisfaction or waiver, on or before July 21, 2014 (the
"Contingency Date"), of the following contingencies:
Page -3-
(a) General Investigation. Purchaser's satisfaction with the physical,
environmental and overall condition of the Property for the ownership, use and operation
of the Property contemplated by Purchaser.
(h) Title. Purchaser's approval of a commitment for an ALTA (Form
B) owner's policy of title insurance (''Commitment'') from a title insmance company
selected by Purchaser ("Title Insurance Company") reflecting good and marketable fee
simple title to the Property and all ea<;ements and other rights benefitting the Property in a
condition approved by Purchaser with such coverage and including such endorsements as
Purchaser may require, such Commitment being in a fonn satisfactory to Purchaser.
ln the event that the Commitment as provided in Subsection (b) of this Section 8
hereof reveals any title or survey matters which are unsatisfact ory to Purchaser,
Purchaser shall give written notice to Seller setting forth the title and/or survey matters
which are unsatisfactory within three (3) days after the date of receipt of the
Commitment, but in any event prior to July 21, 2014 . If Seller reoei.ve notice of
unsatisfactory title matters as provided herein, Seller may correct said unsatisfactory title
and/or survey matters ten (10) days of such notice (the "Cure Period"). If Seller fails to
correct said unsatisfactory title matters within the Cure Period, Purchaser may. within
five (5) days after the Cure Period, give Seller written notice whereby Purchaser waives
any objection to said unsatisfactory title survey matters or this Agreement shall terminate
and Purchaser shall be promptly refunded its Earnest Money Deposit
If Purchaser does not give written notice to Seller on or before the Contingency
Date that the contingencies herein have not been satisfied, then such contingencies shall
be deemed waived by Purchaser. If Purchaser gives written notice that the contingencies
have been satisfied, then this Agreement shall be terminated and of no further force or
effect and the Earnest Money Deposit and interest thereon shall be returned to Purchaser
(less the sum of One Hundred Dollars ($100.00) which shall be paid to Seller in
consideration for Purchaser's right to investigate the Property), and thereafter neither
party shall have any further liability or obligation hereunder, except as provided in
Section 6 hereof.
8. Closing.
(a) Pl ace and Closing Date. The closing ("Closing") of the pmchase
and sale of the Property shall take place in the offices of the Escrow Agent on a date
specified by Purchaser upon at l~tve (5) business days' prior written notice to Seller
but in no case later than Augus . 014 (the ''Closing Date") or such other place and
date as the parties may mutually
(b) Possession. t Closing, Seller shall deliver complete possession
of the Property to Purchaser subject to the leases provided for in Paragraph 9 above.
(c) Seller 's Obligations at Closing. At Closing, Seller shall, in addition
to any other obligations of Seller as set forth in this Agreement, deliver or cause to be
delivered to Purchaser the following items, all of which shall be duly executed and ·
acknowledged in recordable form, where appropriate:
Page -4-
(i) Deed. A Special Warranty Deed pursuant to which Seller
shall warrant and defend the title to the Property against all lawful claims against it or
encumbrances created by it or enforceable against it, but against no other claims or
encumbrances, but otherwise in a form approved by Purchaser, conveying fee simple title
to the Property to Purchaser in accordance with the requirement,s of !.he Commitment,
subject only to deed restrictions easements. rights-of-way zoning regulations and other
exceptions disclosed on the Commitment and fwther subject to Taxes which are not then
due and payable and the Lease.
(ii) Releases. Written release of any lien, security interest,
mortgage or deed of trust, mechanic's lien or other encwnbrance affecting the Property
which is not assumed by Purchaser.
(iii) Seller's Affidavit A Seller's Affidavit in form satisfactory
to Purchaser and customarily used by the Title Insurance Company to permit Purchaser to
obtain the ALTA (Form B) owner's policy of title insurance without the standard or
general pre-printed title exceptions shown on the Conllnitment and in conformance with
the provisions of this Agreement.
(iv) Non-Foreign Seller Affidavit. An af:fidayit of Seller in
form and substance satisfactory to Purchaser setting forth Seller's United States taxpayer
identification number and certifying that Seller is not a foreign person as that term is used
and defined in Section 1445 of the United States Internal Revenue Code.
(v) Assignment of Lease. A counterpart of the assignment of
the Lease in the form marked Exhibit "C", affixed hereto and by this reference made a
part hereof (the "Assignment'') executed by Seller.
(vi) Miscellaneous. Any other documents required by this
Agreement or the Title Insurance Company to be delivered by Seller or necessary to
implement and effectuate the Closing hereunder, including, without limitation,
documents, consents and approvals from Seller satisfactory to Purchaser.
9. Purchaser's Obligations at Closing. At Closing, Purchaser shall, in
addition to any other obligations of Purchaser as set forth in this Agreement:
(a) Purchase Price. Deliver the Closing Payment to Seller by cashier's
check or by federal wire transfer.
(b) Certified Resolutions. Deliver a certificate of resolutions of the
Board of Directors of Purchaser evidencing Purchaser's authority to enter into, and close
pursuant to, this Agreement.
(c) Assignment of tease. Deliver to Se_ller a counterpart of the
Assignment executed by Purchaser.
(d) Miscellaneous . Any other documents required by this Agreement
or the Title Insurance Company to be delivered by Purchaser or necessary to implement
Page -5-
and effectuate the Closing hereunder, including, without limitation, documents, consents
and approvals from Purchaser satisfactory to Seller.
10. Eminent Domain.
(a) Commencement of Action. In the event that at any time prior to the
Closing, any notice of or proceeding shall be commenced or conswnmated for the taking
of all or any part of the Property for public or quasi-public use pursuant to the power of
eminent domain or otherwise, Seller shall promptly give writt en notice thereof to
Purchaser.
(b) Purchaser's Option to Cancel. The commencement or completion
of any such proceeding shall have no effect on this Agreement unless Purchaser, by
reason thereof, elects at its option , within thirty (30) days after receipt by it of Seller's
notice of such taking, to cancel this Agreement by giving written notice thereof to Seller
to such effect, and upon the giving of such notice the Earnest Money Deposit with
interest thereon shall be refunded to Purchaser and thereupon this Agreement shal l
become null and void and of no further force or effect, with neither party having any
further rights or liabilities hereunder.
(c) Purchaser's Right to Purchase. If Purchaser shall elect to proceed
with the performance of this Agreement, notwithstanding the commencement of any such
proceedings described herein, or the completion of any such taking, then Seller shall
assign any and all awards and other compensation for any such taking to Purchaser, and
Seller shall convey all or such portion of the Property, if any, as shall be left after such
taking in accordance with the terms of this Agreement.
11. Risk of Loss or Damage. The risk of loss or damage to the Property by fire
or otherwise, is assmned by Seller until Closing of this transaction. T n the event of such
loss or damage, the Purchaser may, at Purchaser's option, (i) tennina.te this Agreement
and secure an immediate refund of all Earnest Money and interest thereon or (i i ) purchase
the Property as is in which event all insurance proceeds shall be paid to Purchaser. Seller
shall keep and maintain for the benefit of and in the name of, Pw:cbaser property damage
and casualty insurance in amounts equal to the full insurable value of the Improvements
on the Property in full fo r ce and effect until the Closing Date and, in the event or any
damage ro the Property arising after the daLe of rhe Agreement and prior to the Closing
Dat e, the proceeds of any insurance payable in connection with any loss or damage to the
improvements to the Property shall be the property of Purchaser. Seller shall keep and
maintain the Property in the same condition in which it exists as of the date of this
Agreement excepting normal wear and tear, and Seller shall make all necessary repairs
and replacements thereto.
12. Notices. Any notice, request, approval, demand, instruction or other
communication to be given to either party hereunder, except those required to be
delivered at Closing, shall be in writing, and shall be conclusively d~ed to be delivered
when personally delivered or when (a) sent by telefacsimile telecopier or similar
transmission, at the number set forth below, followed with mailing by regular United
States mail, (b) deposited for overnight delive.ry with an overnight courier such as Federal
Express, Airborne, United Postal Service or other overnight courier service, or (c)
Page -6-
deposited in the U. S. mail, sent by certified mail, return receipt requested and such
notices are addressed to the following addresses:
Ifto Seller: Linda Smith
15 River Estates Cove
Little Rock, AR 72223
If to Purchaser: · Alex N esterenko
ffit~ C~W~~sh~ 5* ·
'BO · Box z.fZSS
J.-..fe. RR-;zzu:(
The parties may change their respective addresses and/or telefax/telecopy numbers for
the receipt of notice hereunder by giving notice thereof to the other party in accordance
herewith.
13. Brokers' Commissions. Each party hereto hereby represents and warrants
to the other that, in connection. with this transaction, that no other third party broker is
involved in this transaction.. Each party hereby indemnifies, defends and holds the other
harmless against any and all claims of any other brokers finders or the Like, and against
the claims of all third parties claiming any right to commission or compensation by or
through acts of lhat party or that party's partners, agents or affiliates m connection with
this Agreement. Each party's indemnity obligations shall include all damages, losses,
costs, liabilities and expenses, including reasonable attorneys' fees and I itigarion costs,
which may be incurred by the other in connection with all matters against which the other
is being indemnified hereunder.
14. Defaults and Remedies.
(a) Default by Seller prior to Closing. In the event that Seller shall
have failed to have timel y performed any of their obligations, covenants and/or
agreements contained herein which are to be performed by Seller prior to Closing, then
Purchaser, at its option may:
(i) Specifically enforce the provisions of this Agreement.
(ii) Cancel and terminate this Agreement and in such event all
Earnest Money Deposit and interest thereon shall immediately be paid to Purchaser.
(Hi) In any action or litigation between Purchaser and Seller as a
result of failure to perform or default under this Agreement, the prevailing party shall be
entitled to recover such reasonable attorneys' fees and litigation costs as may be awarded
by the court.
(b) Default by Purchaser. Tf Purchaser shall fail to cJose the purchase
of the Premises as contemplated hereby due to the defaulL of Purchaser hereunder then
the Earnest Money and any interest thereon shall be paid to Seller as liquidated damages
as Seller's sole and exclusive remedy for such defaul t, Seller hereby specifically waiving
any and all rights which they may have to damages or specific performance as a result of
Purchaser's default under this Agreement.
Page -7-
15. Miscellaneous.
(a) Best Efforts. Purchaser and Seller shall use their best efforts to
cause the contingencies under Section 7 hereof to be satisfied.
(b) Binding Effect. This Agreement is binding upon and inmes to the
benefit of the parties hereto and their respective heirs, legal representatives executors,
administrators successors and assigns.
(c) Confidentiality. The parties each agree that they will keep
confidential any information designated as such by the other or not otherwise publicly
available which is derived from access, investigation or information fumished by either
party in c onnection with this Agreement, including the negotiations conducted in
connection here-with, and, if the transactions contemplated hereby are not consummated,
will promptly return to the other all such information and will not thereafter use suCh
information.
(d) Person Defined. The word "person" as used herein shall include all
individuals, partnerships, corporations, or any other entities whatsoever.
(e) Exhibits. Any reference herein to any exhibits, addenda or
attachments refers to the applicable exhibit, addendum or attachment that is attached to
this Agreement, and all such exhibits, addenda or attaclunents shall constitute a part of
this Agreement and are expressly made a part hereof.
(f) Agreement Separable. If any provision hereof is for any reason
unenforceable or inapplicable, the other provisions hereof will remain in full force and
effect in the same manner as if such unenforceable or inapplicable provision had never
been contained herein.
(g) Counterparts. This Agreement may be executed in any number of
counterparts, each of which will, for all purposes, be deemed to be an original, and all of
which are identical.
(h) Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Arkansas.
(i) Survival of Obli!!ations. All of the duties and obligatio.os of Seller
and Purchaser hereunder which are required to be performed after Closing shall survive
the Closing hereunder and shall be binding upon and enforceable between the parties
hereto thereafter.
G) Entire Agreement. This Agreement constitutes the entire
agreement between Seller and Purchaser, and there are no other covenants, agreements,
promises, terms and provisions, conditions, undertakings or underslaildings either oral or
written, between them concerning the Property other than those herein set forth. No
subsequent alteratior)., amendment, change, deletion or addition to this Agreement shall
Page -8-
be binding upon Seller or Purchaser unless in writing and signed by both Seller and
Purchaser.
(k) Effective Date. The date of execution of this Agreement shall be
deemed the date the last party executes this Agreement. Notwithstanding anything herein
to the contrary, this Agreement shall be construed as an offer to purchase by Purchaser
and unless accepted by Seller and delivered ro Purchaser by 5:00p.m. on. the_ day of
---=-=,...---~---:-' 2014, this offer shall be null and void, and the parties hereto shall stand
relieved and released of any and all liability or obligations hereunder.
(1) Assignment. . Except as provided below, this Agreement may not
be assigned by either Seller or Purchaser without the prior written consent of the other
Party, which consent will not be unreasonably withheld. otwithstanding the foregoing
PurchaSer may assign its rights under this Agreement to any descendants of the Purchaser
or any entity affiliated with, controlled by, or under common control with Purchaser
without seeking or obtaining Seller's consent, including specifically (but without
limitation) Hillcrest Camshaft Service, Inc., an Arkansas corporation, and any trust
created by Purchaser. Such assignee will execute an instrument whereby such assignee
asswnes the obligations of Buyer under this Agreement. No assignment by Buyer shall
release or otherwise relieve Buyer from any obligations hereunder; provided, however,
that if Closing occurs the assignor (but not the assignee) shaJI thereupon be relieved of all
the assignor's obligations arising under this Agreement before, on and after Closing.
16. 1 031 Excbans;e. Seller shall have the right to elect a tax ..deferred
exchange pursuant to Internal Revenue Code Section 1031 by giving Purchaser notice of
such election prior to the date of Closing. If Seller so elects to effect a tax-deferred
exchange, Purchaser agrees to execute such escrow instructions, documents, agreements,
acknowledgments or instruments to effect an exchange as Seller may reasonably request,
it being understood that Purchaser shall not be' required to incur any additional costs,
expenses, fees or liabilities, not reimbursed or indemnified by Seller, as a result of or
connected with an exchange. In no event shall Purchaser be required to acquire title to
other property as a consequence of Seller's election to effect such exchange. Seller may
assign its rights and delegate his duties under lhis Agreement in whole or in part to a third
party in order to effect such an exchange; provided that Seller shall remain responsible to
Purchaser for the full and prompt performance of any delegated duties.
[signatures on thefollowingpage]
Page -9-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the last date indicated below the respective signatures.
SELLER: PURCHASER:
Date Executed:
Date Executed:
Page -10-
Exhibit "A"
Description of the Property
Page -11-
Exhibit "B"
Copy of the Lease
attached
Page -12-
Exhibit "C"
Form of Assignment of Lease
attached
Page ~13-
[to be recorded if Lease is of record]
ASSIGNMENT AND ASSUMPTION OF LEASE
Tiris Assignment and Assumption of Lease (this "Assignment") is entered into
effective as of J~ z.J~u... , 20~ (the "Effective Date'') by and between Linda J. Smith,
Trustee of the Leon and Linda Smith Revocable Trust dated February 1, 2012
("Assignor"), and [Name of Purchaser] ("Assignee").
WHEREAS, Assignor, as Seller, and Assignee, as Buyer, are parties to that
certain Real Estate Purchase Agreement qated as oqu""f zl/~ , 2014 (the "Purchase
Agreement''), providing for the sale by Assignor to Assignee of the real property legally
described on Exhibit A attached hereto (the "Property"); and
WHEREAS, Assignor is the holder of the landlord's interest under the lease and
related documents as listed on Exhibit B attached hereto (collectively, the "Lease"),
which Lease affects the Property; and
WHEREAS, Assignor desires to assign to Assignee all of Assignor's right, title
and interest in, to and under the Lease;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows:
1. Assignment and Assumption. Assignor hereby assigns, conveys, transfers
and sets over unto Assignee all of Assignor's right, title and interest in, to and under the
Lease, including without limitation all of Assignor's right, title and interest in and to any
security, cleaning or other deposits and in and to any claims for rent, arrears rent or any
other claims arising under the Lease against any tenant thereunder or any surety thereof.
Assignee hereby assumes and agrees to pay all sums, and perform, fulfill and comply
with all covenants and obligations, which are to be paid, performed, fulfilled and
complied with by the landlord under the Lease arising from and after the Effective Date.
2. Indemnification. Assignee will indemnify, defend and hold hannless
Assignor from and against all liabilities, obligations, actions, suits, proceedings, claims,
losses, costs and expenses (including without limitation reasonable attorneys' fees and
costs) arising as a result of any act omission or obligation of Assignee, as the landlord
under the I ,ea~e, which arises or accrues with respect to the Lease on or after the
Effective Date. Assignor will indenmify, defend and hold harmless Assignee from and
against all liabilities, obligations, actions, suits, proceedings, claims, losses, costs and
expenses (including v..ithout limitation reasonable attorneys' fees and costs) arising as a
result of any act, omission or obligation of Assignor, as the landlord under the Lease,
which arose or accrued with respect to the Lease prior to the Effective Date .
3. Miscellaneous. The terms and conditions of this Assignment shall be
binding upon and inure to the benefit of Assignor and Assignee and their respective
successors and assigns. This Assignment may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
Page -14-
and the same instrument. This Assignment shall be governed by , and construed and
enforced in accordance with, the laws of the State in whlcb the Property is located.
IN WITNESS VIHEREOF, Assignor and Assignee have caused this Assignment
to be executed by their duly authorized and empowered representatives as of the
Effective Date.
ASSIGNOR:
a ________________________ ___
By:
--~~-------------------arn e (Print): ________________ _
Title : ________________________ _
ASSIGNEE:
a ________________________ ___
By: __ =-':--:----------
Name (Pci.ot): Title: ·-------------------
[add acknowledgements if to be recorded]
[exhibits to be added]
Page -15-
..
TIIE STATE OF ___ _
COUNTY OF __________ _
MOTION INDUSTRIES, INC.
LEASE AGREEMENT
. ~
This LEASE AGREEMENT ("Lease"), made. and entered into this .i_ day of -:fu,'\.'f 20 Jl:.,
by and between Smith Family Trust, whose address is #15 River Estates Cove, Little Rock, AR
72223, ("Lessor"), and MOTION INDUSTRIES, INC., a Delaware corporation ("Lessee").
WITNESSETH:
1. Premises. Lessor hereby rents and leases to Lessee the following described real property and/or
space together with the right of access thereto, all improvements thereto as of the above date or
hereinafter placed, constructed or erected during the term of this Lease and all easements affecting
the same (hereinafter called "Premises"), to-wit:
An approximately 22,000 square foot building with approximately U parking
spaces, as more particularly described in Exhibit "A" attached hereto and incorporated herein (the
"[Site Plan/Legal Description)"), located at: 5312 West 65th Street, Little Rock, AR.
2. Term. This Lease shall commence on August 1, 2014 the Sate of the full SM:eeHtioB: heFeof (the
"Lease Date"), notwithstanding the fact that Lessee's obligation to pay the Rent due hereunder
shall not commence until the Rent Commencement Date (defmed hereunder). This Lease shall
continue for a term ending at midnight on the last day of the :nionth that is sixty (60) months after
Rent Commencement Date (including any properly exercised options, as provided for below,
"Term").
Lessee, shall have the option to renew this Lease for one (1) consecutive five (5) year period (each
an "Option Period") under the same terms and conditions, provided Lessee exercises such option
on or before thirty (30) days prior to the expiration of this Lease, or previous option period, as
applicable.
Lessor shall tender possession of the Premises to Lessee as of the last to occur of the following: (a)
Lessor has received a Certificate of Occupancy from any appropriate permitting authority; and (b)
Lessor has notified Lessee that Lessor's Work, as described in Exhibit "C", has been substantially
completed, defmed hereunder (the "Delivery Date"). The Premises shall be deemed not to be
delivered if (w) Lessor has not provided Lessee with keys or lock combinations for all doors or
gates securing the Premises (x) Lessee cannot obtain all utilities to the Premises within a
commercially reasonable period by request to the appropriate utility service provider unless such
failure is due to the fault of Lessee,(y) the Premises are in the possession of any third party
claiming a right of possession through the Lessor (z) the Premises are not free of trash, debris or
personal property of the Lessor or any third party. Lessee and Lessor shall confirm the Delivery
Date and expiration date of this Lease in writing, Lessor and Lessee shall execute a "Lease
Confirmation Certificate", in similar form and substance as that attached hereto as Exhibit "B", on
the Delivery Date. Failure to execute a Lease Confirmation Certificate shall not alter the Rent
AR56-Lease Agreement -Little Rock.doc
/
Commencement Date or Lease termination date, and such dates shall be established, in the absence
of an executed Lease Confirmation Certificate, by the date that Lessee actually takes delivery of
the Premises .
3 . Rent. During the Term of this Lease, Lessee shall pay to Lessor at Lessor's address such rents as
described below, payable on the frrst day of each and every month during the Term of this Lease,
~except as provided for below ("Base Rent"). Rent shall commence one (1) day after the Delivery
c;} · Date ("Rent Commencement Date"). Lessee shall have the right te pesse.ss the Premises fer sll:ch
___ L:J El ~rffi&-te-ffi.sM:U -s~eEl-bel &wj-as-are-neeessary to al l ew
-bessee-to eomFBe ae e its e ~efllti eftS ffeftl the Premis es oa theReat CoEB:ftl eaeem ee t Date: If the
actual Rent Commencement Date is other than the first day of the month, Rent for any such partial
month shall be prorated.
The phrase "Lease Year'' as used herein shall, for the first Lease Year, mean the period from the
Rent Commencement Date through the last day of the twelfth full calendar month immediately
following the Rent Commencement Date; and thereafter, ''Lease Year'' shall mean each successive
twelve calendar month period following the expiration of the first Lease Year.
BASE RENT SCHEDULE:
Lease Y ears one (1) through five?: ••• I per month
Option Years one (1) through L): [ J per month to he mutually agreed UJ!.On
Lessor agrees to accept Rent from Lessee via electronic account deposit. Lessor shall provide
Lessee with a fully completed ACH rent deposit application in order to facilitate electronic
payment. Lessee shall provide Lessor with an ACH rent deposit application form upon the
execution and delivery of this Lease. Lessor should deliver the ACH rent deposit application prior
to the Rent Commencement Date to ensure prompt payment of the first month's Rent. The first
month's Rent payment shall oot be deemed past due until Lessor bas returned the completed ACH
rent deposit application to Lessee or Lessee and Lessor mutually agree to alternative Rent payment
arrangements. Rent or other payments will deemed paid on time if actually received by Lessor or
Lessor's agent on or before the payment due date regardless of the address to which the rent or
other payment is sent and received.
4. Real Estate T axes . Insurance and CAM . All property casualty insurance, real property taxes and
Lessor's maintenance obligations, including any increase in the same, are included in the Base
Rent amounts set forth above and shall be paid by Lessor without further reimbursement by Lessee .
Lessee shall be responsible for any ad valorem taxes or personal property taxes on its inventory,
equipment or trade fixtures located in the Premises.
5. Lessor's Work. This Lease is specifically contingent upon Lessor completing Lessor's Work prior
to the Delivery Date. The term "Lessor's Work" shall mean the following: [See Exhibit "C").
6 . Use. The Premises shall be used for any legal business purpose permitted by local zoning laws (the
"Use"). Lessee shall not make or allow any lUllawful use thereof, or use which is dangerous to life
or property, or use which creates a public or private nuisance. So long as Lessee complies with all
terms and provisions of this Lease, Lessee shall have the right of peaceful, quiet and uninterrupted
possession, usc and e1Yoyment of the Premises.
7 . Public Accessibility. Lessee's intended use of the Premises includes a retail area which may be
deemed a commercial facility open to the general public under Title Ill of the Americans with
A.R56-Lease Agreement-Little Rock doc
..
Disabilities Act of 1990, as amended from time to time or superseding State or local legislation (as
amended and/or superseded, "ADA"). Lessor will take all measures necessary to insure that the
exterior of the Premises, the structure of the Premises, and access thereto, will comply; at all times
during the Term hereof, with the ADA.
8. Premises Representations. Lessor represents and warrants that as of the Delivery Date: (i) the
Premises are in good condition and repair; (ii) that all electrical, plumbing, heating, ventilating, air
conditioning, water heating and sprinkler (if any) systems and all fixtures, components and
equipment in and serving the Premises are in good condition and in proper working order; and (iii)
that the Premises shall be in compliance with all present and applicable Federal, State and local
environmental, safety, health, public accommodation, zoning and building laws, codes, ordinances,
rules, regulations ("Applicable Codes") and (iv) that, to the best of Lessor's knowledge, Lessee's
intended use of the Premises is permitted under present zoning codes and ordinances. If the
Premises are or are later alleged to be in violation of Applicable Codes due to conditions in
existence on the Delivery Date or because of conditions not related to Lessee's use of the Premises,
it shall be Lessor's responsibility to resolve such violation and/or bring the Premises into
compliance therewith.
9. Lessee's Maintenance. During the Term hereof, Lessee shall, at its sole cost and expense:
a. As to the exterior of the Premises, (i) remove trash and debris from the grounds, and
remove, when conditions permit, snow and ice from abutting sidewalks and parking
areas; (ii) repair (but not replace, except if damaged by Lessee or its employees, agents,
invitees or contractors) exit doors and exit signs; and (iii) replace broken door and
window glass. Lessor acknowledges that Lessee is self-insured for plate glass damage.
b. As to the interior of the Premises, (i) clean and maintain floors, partitions and walls; and
(ii) perform routine maintenance and repair of the minor component parts of the
electrical, plumbing, heating, ventilating, air conditioning, water heating, and, if any,
sprinkler systems, fixtures and equipment. "Minor component parts" shall mean items
such as fuses, thermostats, filters, belts, faucets, sprinkler heads, etc. Lessee shall protect
such systems, fixtures and equipment against freezing and damage due to Lessee's
neglect and shall routinely perform preventative maintenance.
c. Lessee shall maintain the Premises in conformance with all legal reqwrements relating to
the interior of the Premises required solely by reason of Lessee's use and occupancy of
the Premises.
10. Lessor's Repairs and Maintenance. During the Term hereof, Lessor shall, at Lessor's expense:
a. Maintain in good order and repair, and in a clean, safe and operable condition the roof,
exterior walls, structural supports, foundations, and underground utility lines serving the
Premises and repave as needed the parking areas and driveways.
b. Repair the major component parts and replace, if necessary, the electrical, plumbing,
heating, ventilating/air conditioning, water heating, and, if any, sprinkler systems, when
necessary for the operation thereof.
c. Maintain the structure and exterior of the Premises in conformance with all legal
requirements, excepting only the maintenance obligations of Lessee provided above.
AR56-Lease Agreement-Little Rockdoc
11 . Alterations. Lessee shall not, without the prior written consent of the Lessor, which consent shall
not be unreasonably withheld, make or cause any single addition, alteration or improvement to the
Premises which exceeds the total cost of $10,000. Notwithstanding the foregoing, Lessee shall not
make or cause any alterations, improvements or additions in or to the Premises that would affect
the roof or s1ructural systems of the building in which the Premises are located. Interior painting or
redecoration shall not require Lessor's consent. Notwithstanding the foregoing the Lessor
acknowledges that the Lessee intends to make significant alterations to the building in order to
prepare it for Lessee's intended use, including without limitation the alterations set forth on Exhibi~
"C". The Lessee would not enter this Lease without being allowed to make these alterations and
Lessor is willing to allow the alterations in order to induce Lessee to enter into this Lease. These
alterations shall be deemed consented to by the Lessor, and Lessee shall not be required to restore
the Premises to original condition at the end of the Lease Term but may return the Premises in its
altered condition after removal of Lessee's trade fixtures.
12. Hold Harmless. Lessee shall be liable to and shall hold Lessor harmless in respect to damage or
injury to Lessee or its employees or anyone else while on the Premises if such damage or injury is
due to acts or negligence of Lessee, or arises out of Lessee's use and/or occupancy of the Premises,
unless such damage or injury is due to the negligence or willful misconduct of Lessor, or Lessor's
failure to comply with the maintenance obligations of Sections 10 and 7, above. The provisions of
this Section 12 shall survive the expiration or earlier termination of this Lease.
13. Assignment and Subletting. Lessee has the right to assign this Lease for any unexpired term or any
interest hereunder or to sublet the Premises or any part thereof, and this Lease shall continue in full
force and effect. Any such sublessee or assignee must fully comply with all of the terms and
conditions hereof. Lessee, unless released in writing by Lessor, shall be responsible for
performance of the obligations and covenants of this Lease notwithstanding any assignment or
subletting.
14. Damage or Des1ruction. If the Premises are totally destroyed (or, in Lessee's reasonable opinion,
so substantially damaged as to be untenantable for use as intended) by storm, frre, earthquake or
other casualty, and the damage can not be repaired so that the Premises are rendered tenantable
within ninety (90) days from the date of such damage, this Lease shall terminate as of the date of
such des1ruction or damage, and Rent shall be accounted for as between Lessor and Lessee as of
the date of such damage or destruction. If the Premises are damaged but not rendered wholly
untenantable, and the damage can be repaired in ninety (90) days, Rent shall abate in proportion to
the area of the Premises that have been damaged to such area immediately before such damage, and
Lessor shall restore the Premises to substantially the condition as they existed immediately prior to
such damage or destruction within said time period~ whereupon Rent in full shall recommence.
Should the Lessor fail or refuse to fully repair the Premises within said ninety (90) days, Lessee
may terminate this Lease.
Lessor's obligation under this Lease to repair or restore shall be limited to restoring the s1ructural
portions of the Premises and shall not include repairs or the restoration of any of the Lessee's Trade
Fixtures or other alterations made by Lessee in or upon the Premises.
15. Eminent Domain. If the Premises or any portion thereof is taken by a condemning authority under
the right of eminent domain so as to render the same or remaining portion thereof untenantable for
Lessee's occupancy and intended use, then either party may terminate this Lease as of the date of
such taking. Upon such termination, both parties shall be relieved of any obligation hereunder.
AR56-Lease Agreement-Little Rock doc
If a portion of the Premises is taken by eminent domain and the Premises, in Lessee's reasonable
opinion, remains tenantable for Lessee's use as intended, this Lease shall continue in full force,
except that Rent shall be reduced in proportion to the amount that the square footage taken bears to
the total square footage of the Premises prior to such taking. Lessor shall, upon receipt of the
award in condemnation, make all necessary repairs or alterations to the Premises so as to constitute
the portion of the Premises not taken a complete architectural unit.
All compensation awarded or paid upon any total or partial taking of the Premises shall belong to
and be the property of the Lessor. However, any separate award for the Lessee's Trade Fixtures
installed on the Premises by Lessee at Lessee's expense (and any award specified for Lessee's
moving and relocation expenses) shall belong and be paid to Lessee.
16. Insurance.
a. Commencing on the Delivery Date and until the termination or earlier expiration of this
Lease, Lessee shall obtain and maintain with a nationally recognized carrier, a policy of
public liability insurance insuring against claims for personal injury, death and property
damage occurring in or about the Premises or arising out of Lessee's use and occupancy
of the Premises, such insurance to afford protection to the minimum limits of
$2,000,000.00 in respect of injury to or death of any number of persons arising out of any
one occurrence; and $100,000.00 in respect of any instance of property damage. Such
insurance may be by a blanket comprehensive general liability policy. The policy above
described shall name Lessor as an additional insured. At Lessor's request, Lessee shall
deliver to Lessor certificates of such insurance. The insurance limits provided above may
be satisfied by a follow form umbrella policy.
b. Commencing on the Delivery Date and until the termination or earlier expiration of this
Lease, Lessor shall obtain and maintain a policy of fire and extended coverage insuring
against casualties in such amounts as the Lessor deems necessary.
c. Commencing on the Delivery Date and until the termination or earlier expiration of this
Lease~ Lessee shall obtain and maintain a policy of insurance covering Lessee's property
and assets in the Premises, including Trade Fixtures, which shall be kept at Lessee's sole
risk, and Lessee hereby holds Lessor harmless from and waives any and all claims
against Lessor with respect to damage to or loss of same.
d. Neither Lessor nor Lessee shall be liable to the other, or to anyone claiming under or
through Lessor or Lessee against the other, for any loss or damage whatsoever resulting
from fire or water or the risks covered by any extended coverage endorsement to any fire
insurance policy or real property casualty insurance policy regardless of cost or origin.
The foregoing provision shall not be effective, however, if the result is to invalidate any
such fire insurance policies or extended coverage endorsements. Lessor shall obtain
insurance containing a waiver of subrogation against Lessee provision.
17. Personal Property. Trade Fixtures. and Trade Dress. Lessee shall retain all right and title to
Lessee's personal property, trade fiXtures, machinery, equipment, signs and other apparatus now or
hereafter located on the Premises (collectively, the "Trade Fixtures"). Provided that Lessee is not
in default hereunder, Lessee may, prior to the expiration of this Lease or any renewal thereof,
remove all such Trade Fixtures that it has placed in the Premises and Lessee shall repair all damage
caused by the removal of same.
AR56-Lease Agreement-Little Rock.doc
18. Utilities. Lessee shall pay all bills for water, gas, electricity, fuel, light, heat, power and sewer
caused or used by Lessee in connection with Lessee's use and occupancy of the Premises. All such
utility services shall be separately metered in respect of the Premises and contracted for in Lessee's
own name, and Lessor shall pay for all charges and fees for the installation of separate meters for
utility services serving the Premises.
Neither the interruption nor cessation of utility services (''Utilities Stop") shall render the Lessor
liable in any respect. If a Utilities Stop prevents Lessee from operating its business in the Premises
in any material respect and if such utility services are not restored within three (3) days of such
Utilities Stop, then the Rent shall abate wtil such services are restored. If utility services are not
restored within thirty (30) days of a Utilities Stop, Lessee shall have the right to terminate this
Lease.
19. Lessor's Access. With prior written notice, except in case of an emergency in which event no
notice shall be required, Lessor may at all reasonable times during normal business hours enter to
view the-Premises to make repairs and replacements or show Premises to persons who may wish to
buy the same or, within three (3) months of the end of the Term, to show the Premises to any
persons who may wish to lease the same and to place a "for lease" or ''for sale" sign on the
Premises.
20 . Lessee Default If Lessee shaH (a) fail, for ten (10) days or more after written notice by Lessor to
Lessee, to make payment of Rent, Additional Rent (as defined below), or any part thereof, or any
other charges coming due hereunder; (b) fail to perform, for thirty (3 0) days after written notice by
Lessor to Lessee, any other term or condition of this Lease provided such failure can be cured
within such thirty (30) day period, and if not, if Lessee has not within such thirty (30) day period
commenced a cure and diligently prosecuted same to conclusion within ninety (90) days of the
foregoing notice, (c) be declared bankrupt or insolvent according to law, (d) make an assignment
for the benefit of creditors, or (e) in the event of an appointment by any court of a receiver or other
court officer of Lessee's property, cause such receivership to not be dismissed within thirty (30)
days from such appointment, then any of the foregoing shall be an event of default (''Event of
Defal!lf') hereunder.
If an Event of Default shall occur, Lessor may immediately, or at any time thereafter, without
notice or demand, enter into and upon the Premises, or any part thereof, and repossess tb,e same and
expel the Lessee and those claiming 1mder it and remove their effects, and thereupon this Lease
shall absolutely terminate. Any and all rights, remedies and options given in this Lease to Lessor
shall be cumulative and in addition to, without waiver of or in derogation of, any right or remedy
given to it under any law now or thereafter in effect.
Any termination hereunder shall not serve to prejudice any legal remedy which otherwise may be
used by Lessor for any arrearage of Rent or for any other material breach of the terms and
covenants of this Lease. Any rents due by default and accelerated hereunder shall be reduced to
present value. Lessor shall have a duty to mitigate damages. Lessor agrees to credit Lessee for
rents collected from another tenant in the Premises.
21. Lessor Default. If Lessor shall breach any warranty or fail to perform any covenant required to be
performed by Lessor under the terms of this Lease and (a) such breach or failure shall continue for
a period of thirty (3 0) days after receipt by Lessor of written notice thereof from Lessee or (b) if
Lessor shall fail to pay any sums due to Lessee here1mder, and such failure shall continue for a
period of ten ( 10) days after receipt by Lessor of written notice thereof from Lessee, then Lessee
may, or (c) in the event of an emergency of which Lessee has given Lessor notice and that
AR56-Lcase Agreement -Little Rock. doc
,.
threatens persons or property located within the Premises, in addition to any of Lessee's other
rights set forth elsewhere in this Lease, at law or in equity, Lessee may cure any such default or
breach of warranty of Lessor hereunder, and perform any covenants which Lessor has failed to
perform (only to the extent reasonably necessary to cure such default), and any reasonable sums
expended by Lessee in curing such default or breach of warranty and performing such covenants
shall be paid by Lessor to Lessee immediately upon demand and may be offset by Lessee against
future rentals.
22. Lessor's Authority. Lessor covenants and warrants that Lessor has good title to the Premises and
the full right and lawful authority to enter into this Lease for the full Term described, and that
except for any existing mortgage, the Premises are free and clear of all contracts, leases, liens,
restrictions and encumbrances which might disturb Lessee's business or use of the Premises.
23. Lessee's Authority. Lessee covenants and warrants that Lessee has the requisite power and
authority to enter into and execute this Lease and to perform the obligations hereunder, and the
persons execuling this Lease have the requisite power and authority to do so.
24. Estoppels. Nothing contained herein shall be deemed to restrict or limit Lessor's right to mortgage
or transfer its interest in said Premises, provided that Lessee shall have the right to remain in the
Premises pursuant to this Lease as long as Lessee is in compliance with the terms of this Lease.
Lessee agrees to execute customary certificates of estoppel and/or attornments upon the reasonable
request of Lessor or other appropriate entities not more than once in any twelve (12) month period,
subject to execution of a non-disturbance agreement whereby Lessor's lender shall agree that
Lessee's possession of the Premises, as set forth in this Lease, shall not be disturbed as long as
Lessee is not in default hereunder.
25. Notices. Any notice or other instrument which may be or is required to be given under this Lease
shall be in writing and delivered in person or sent by United States certified mail postage prepaid or
by nationally recognized overnight courier to the address of Lessor or Lessee, as applicable, as
shown on the signature page of this Lease. Notices sent pursuant to this Section shall be effective
upon receipt or refusal by the party to whom such communication is addressed.
26. Time. Time is of the essence with respect to each date or time specified in this Lease by which an
event is to occur.
27. Applicable Law_ This Lease shall be governed by, and construed in accordance with, the laws of
the state in which the Premises are located.
28. Relationship. This Lease shall create the relationship of lessor and lessee between Lessor and
Lessee, only.
29. Holdover. If Lessee shall remain in possession of all · or any part of the Premises after the
expiration of the Term or termination of this Lease, with the consent ofLessor, then Lessee shall be
deemed a Lessee of the Premises from month-to-month, cancelable upon thirty (3 0) days written
notice, at the same Rent and except with respect to the month-to-month terms specified above,
subject to all of the terms and provisions hereof. Lessee shall not be deemed to be in possession of
the Premises solely for the reason that Lessee fails to return keys, fails to remove property from the
Premises, and/or fails to repair damage to the Premises. In the event that Lessee fails to return keys
to the Lessor at the end oftbe Lease term, Lessor's sole remedy will be collection from Lessee of a
fifty dollar ($50.00) rekeying fee. In the event that Lessee fails to remove personal property from
the Premises after written notice to Lessee to remove such property, Lessor's sole remedy will be
AR56-Lease Agreement-Little Rock. doc
to collect from Lessee Lessor's reaso~ble cost to remove and dispose of such property pursuant to
any applicable state law. In the event that Lessee fails to leave the Premises in the required
condition, Lessor may elect to repair the Premises itself and collect the cost of such repairs from
Lessee or allow Lessee reasonable time to make the repairs, but in no event shall the term of the
Lease or the Lessee's tenancy be extended solely for the purpose of making repairs.
30. Termination. At the termination of this Lease, Lessee shall surrender the Premises in good
condition and repair, reasonable wear and tear and casualty excepted.
31. Attorneys' Fees. In the event either party sues the other for any reason arising out of the terms of
this Lease, the prevailing party shall be entitled to the reimbursement by the losing party of its
reasonable attorneys' fees.
32. Definitions . Unless otherwise stated, the term (a) "Lessor" shall include Lessor's, heirs,
representatives, successors, and assigns in title to the Premises; (b) ''Lessee" shall include Lessee,
its successors and, if this Lease is assigned or the Premises sublet, Lessee's assignees and
sublessees. "Lessor'' and "Lessee" shall include male and female, singular and plural, individual,
partnership or corporation as may frt the particular parties; (c) "Rent" shall include any Additional
Rent; (d) "Additional Rent" shall mean all monetary charges to Lessee including, if applicable, real
property taxes and building insurance or CAM that is paid by Lessee above or in addition to the
Rent. An itemized invoice for all charges to Lessee, other than the stated annual amount set forth
in Section 3, deemed as Rent or Additional Rent, must be timely delivered [within six (6) months
of the original date of billing for the particular charge] to Lessee. If such invoices are not timely
delivered, the obligation to pay the particular charge involved shall revert to and become the
obligation of Lessor.
34. Signage. Lessor agrees that it will pennit Lessee, at Lessee's expense, to place its standard sign, as
provided for in Exhibit ''D" attached hereto and incorporated herein, on the exterior of the
Premises, subject to Applicable Codes. Lessee may replace such sign from time to time with its
then current standard sign type.
35. Waiver. Any waiver by either party of any provision of this Lease shall not imply a subsequent
waiver of that or any other provision, and any failure to enforce strict performance of any provision
of this Lease shall not be construed as a waiver or relinquishment to enforce strict performance in
respect to such provision on any future occasion.
36. Severability. If any term or provision of this Lease or the application thereof to any person or
circum5taoce shall to any extent, be invalid or unenforceable, the remainder of this Lease, or the
application of such term or provision to person or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Lea<;e shall be valid and be enforced to the fullest extent permitted by law.
3 7. Headings. The captions or titles used throughout this Lease are for reference and convenience only
and shall in no way define, limit or describe the scope or intent oftbis Lease. Words of any neuter
AR56-Lease Agreement· Little Rock doc
¥ ,,
gender used in this Lease shall be held to include both the masculine and feminine gender and
words in the singular number shall be held to include the plural, and vice-versa.
38. Successors and Assigns. Nothing contained in this Lease shall in any manner restrict Lessor's right
to assign or encumber this Lease in its sole discretion, and it is further agreed, anything to the
contrary herein contained notwithstanding, that in the event Lessor conveys it<> interest in the
Premises, Lessor shall be relieved of all further obligations hereunder. Lessor or its successors or
assigns will provide written notice to Lessee of any such transfer.
39. Entire and Binding Agreement. This Lease, including the exhibits hereto, contains the entire
agreement of the parties and no representations, inducements, promises or agreements, oral or
otherwise, between the parties not embodied herein shall be of any force or effect. None of the
terms, covenants, conditions or provisions of this Lease can be modified, deleted or added to
except in writing signed by the parties hereto. Further, this Lease shall be binding upon and inure
to the benefit of the heirs, representatives, successors and assigns of the parties.
[SIGNATURE PAGE ATTACHED HERETO)
AR56-Lease Agreement-Little Rock. doc 9
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, and
Lessee has caused this Lease Agreement to be executed by its duly authorized officers and affiXed its
corporate seals, the day and year first above written.
WITNESS ;
Nam</~;;:::J 111 <l.J,;;
(Seal)
WITNESS:
. -~ .
_(Seal} :.. -
AR56-Lease Agreement -little Rock. doc 10
LESSOR:
SMim FAMILY TRUST
Notice Address:
Smith Family Trust
#15 River Estates Cove
Little Rock, AR 72223
Telephone Number:
LESSEE:
MOTION INDUSTRJES, INC. a Delaware corporation
Executive Vice Pre · t
Its: _ __.F"-'in=an,_,.c~e,__,&""-'-A...,dm"""""i...,n""istrati"""'""·"""o,_,_n __ _
Motion Industries, Inc.
Attention: Mr. G. Harold Dunaway, Jr.
Executive Vice President-Finance & Administration
1605 Alton Road
Birmingham, Alabama 35210
..,.. ..
EXHIBIT "A"
[Legal Description]
[Site Plan in the Likeness of:]
AR5 6-Lease Agreement -Little Rock_ doc 11
EXHJBIT "B"
LEASE CONFIRMATION CERTIFICATE
This LEASE CONFIRMATION CERTIFICATE is executed as of this _ day of -------'
20___, by and between Smith Family Trust, a ( .. Lessor") and MOTION
INDUSTRIES, INC. a Delaware corporation (''Lessee'').
WITNESSETH:
WHEREAS , on ----' 20 __ ,Lesso r and Lessee entered into that certain Lease Agreement (the
"Lease"), for the l ease of that certain space located in the City of County of ·-'
State of and being more particularly described in the Lease. Capitalized terms not
otherwise defined herein shall have the meanings ascribed thereto in the Lease.
\VHEREAS , pursuant to the Lease, the parties have agreed to execute a written statement (the "Lease
Confirmation Certificate") setting forth the Lease Date, Rent Commencement Date, and exact address of the
Premises, and
NOW, TiffiREFORE, Lessee and Lessor hereby state as follows:
Lease Date:
Delivery Date:
Rent Commencement Date:
Lease Expiration Date:
Address ofPremises:
In no event is this Lease Confirmation Certificate intended to modify any substantive provision of the Lease,
and in the event of a conflict between the terms of the Lease and this Lease Confirmation Certificate, the terms
of the Lease shall control.
This Lease Confirmation Certificate may be executed in several counterparts, each of which may be deemed an
original, and all such counterparts together shall constitute one and the same Lease Confirmation Certificate.
lN Wl1NESS WHEREOF, the parties have executed this Lease Confirmation Certificate as of the date and
year first above written.
LESSOR: LESSEE:
SMITH FAMJL Y TRUST MOTION INDUSTRIES, INC. a Delaware Corporation
Sy: Nam_e_: ____________________ _ By: _________ _
Name: ____________________ __
Title:------------Title:-------------------
AR56-Lease Agreement-Little Rock.doc
EXHIBIT "C"
LESSOR'S WORK
AR56-Lease Agreement-Little Rock.doc 13
EXHIBIT "D"
LESSEE PROTOTYPICAL SIGNAGE
AR56-Lease Agreement-Little Rock.doc 14