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Home My WebLink AboutAgreement on Z4940Aga -----~~--- -~J AGREEMENT This agreem4nt is made by and between John E. Atkins, John D. Toney, Sr, and Robert O. Smith, Jr., hereinafter referred to collectively as "Developers" and A.C. Dean, individually and G. W. Dean, as agent on behalf of certain residents of Irish Spring Estates and certain owners of property adjacent to or in the ' general vicinity of the i'tersection of Vimy Ridge Road and ' County Line Road, hereinafter collectively referred to as "Local Residents". WITNESSETH: _ WHEREAS, Developers are the owners of and/or have interests in over 460 acres in Saline County and Pulaski County, AR in the general area of Vimy Ridge Road and County Line Road; and, WHEREAS, Developers and Local residents seeks to collectively improve the general area for the welfare of all parties as well as enhance the property values of each of their respective properties; and, WHEREAS, Developers have filed a request with the City of Little Rock Planning Commission to rezone a certain portion of their property; and, WHEREAS, the Local Residents have opposed said rezoning request; and, WHEREAS, the parties wish to resolve this dispute for the mutual benefit of all subject to the terms and conditions of this agreement. 1 NOW THEREFORE, premises considered, for and in consideration of the mutual promises and covenants contained herein other good , and for, U and valuable consideration, the receipt of which is acknowledged by all parties, the parties agree as follows: 1. That Developers will amend or otherwise modify the rezoning request currently before the City of Little flock: Planning Commission to reduce the size of the portion of Property subject to the r rezoning request from 2.5 acres to a size e not to exceed the size of the portion of property currently zoned C1 in the Northeast earner of the intersection of Vi.my Ridge Road and County Line Road currently owned by AC:; Dean or approximately r,_.8' by 238' net of right-of-way and/or easements consisting of I..! acres, more or less and further, that saidra P Per''ty rezoned shall not extend north of the creek/branch which crosses Vi.m Ridge Road. Y 2. That Developers will establish a day rare facility on the subject property of a type and quality represented in a photograph submitted to Local Residents in a letter dated September 23, 1988 copy of which photograph and letter are incorporated by reference and made a part of this agreement a_> •C - fully as though they were herein set forth in full. - That in the event that Developers do not establish.a day tare facility on the subject property, Developers agree that they may establish or Permit one of the following type businesses of the same quality and construction as the day care center referred to above: to wit, clinic (medical,dental or optical), drug store or Y, private school, kindergarten or institution special education, or studio (art, drama of speech or similar skills) . 4• That in no event, the Developers will establish or permit any of the following businesses allowed under the C1 zoning, to wit, antique shop, bar, lounge or tavern, beverage `;hop, food store, mortuary or funeral home, multi family MY, pet store, private club with dining or bar service, second hand store, used furniture or rummage shop. P• DEveloPer's further agree not to establish or permit any of the following conditional uses allowed under C1, to wit, amusement,commerci.al (inside), animal clinic (enclosed), convenience food store with gas pumps, eating Place without drive in service, establishments for care of alcoholic, narcotic or psychiatric patients, or service station. 5.That Developer's will not object to any rezoning request made by AC Dean for the portion of land currently zoned C1 to the northeast of the intersection of the aforesaid roads and referred to in Paragraph i above if such request be necessary to allow or permit the establishment of a convenience store with gas pumps on said property. 6. That local residents will withdraw all objections to Developers rezoning request currently before the Little Flock: Planning Commission, will encourage all residents of the general area to support Developers requests and will otherwise work: and support Developers Proposal before said Commission. !. That Developers Will advise and seek: prior approval from -��,� .yr neral area Of the intersections of the aforesaid roads and that the local residents agree to suPPort Developers in all such requests which benefit the .general area and the respective proper-ties of the parties. S. This agreement and all terms and conditions herein contained ,hall rt.jr., with the land and in all respects, shall r-_:;tend to and be binding on si_rcr.essors and assigns of the parties hereto for' a Period of fifteen (15) year's. 9. This agr'�eernent contains all of the terms and conditions agr eed upor'i between the parties, hereto, and no other a.yreements, ural or otherwise, r'egar'ding the subject (natter of thiscontract;, shall be deemed to eXiSit or" to bind any of the pat-ties hereto. 1. C). If any of the provisions, of this agreement are illegal or deter,miried to be invalid, the remainder, of the agreement shall not be affected thereby. 11. No alterations or- variation of the terms of this a•yr',eernent shall be valid unless made in writi.ng and signed by each of the Parties hereto. IN WITNESS WHEREOF, the parties have hereunto signed this agreement this __day of September, 1th A�C De�,__Individually (it— j.W. Dean, as Agent for ney, Local. Residents r 'ober,t O. Smith4 , J 4 lie eily m/ /,Mayor Zarold A Mach/ire -weeorder1 greasurer . Uorif . . aer C� �beciealed to _?ro9ress October 3, 1988 dim Lawson Department of Comprehensive Planning City of Little Rock 70 West Markham Street Little Rock, Arkansas Dear dim: »• s •gym y; . ......... ArLnsas `��l fdvr&,neu Ward One Jesse L. Graves Marcia Williams Ward Two Gerald Harper Ken Upchurch Ward Three Eleanor Jackson Rudy Osborne At our regular meeting held October 3, 1988, the Shannon Hills Planning Commission voted unanimously to Oppose the re -zoning of the North West corner of Vimy Ridge Road and County Line Road. The reasons stated were continuity of the residential district as the abutting properties in Shannon Hills are zoned for single family residential dwellings; and the in- crease in congestion in such close proximity to the school. If I can be of further assistance to you in this or any other matter, please call on me, ncerely, Jim Hat cock, Chairman Shannon Hills Planning Commission 1— 501— 455--2003 — 10401 XiyA �ma� �iasl, d4anmmn .J 11s, _W4ansas 7.2103 -faw V ffLCEI Of Pattvz & Bvtoarn GERLAND P. PATTEN CHARLES A. BROWN September 20, 1988 Mr. John C. Rogers, Agent Little Rock, Arkansas SUITE 1095 UNION BANK BUILDING ONE UNION NATIONAL PLAZA LITTLE ROCK, ARK. 72201 TELEPHONE 501.374-7582 Re: Re -zoning of the Intersection of County Line Road and Vimy Ridge Road, Pulaski County Dear Mr. Rogers: We, the undersigned, are the owners of the West 1/2 of the Northeast 1/4 of Section 20, Township 1 South, Range 13 West, in Saline County, which corners approximately 660' West of the tract you desire to re -zone, on behalf of one of your clients, which tract to be re -zoned is described as: Part of the Southeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 17, Township 1 South, Range 13 West, in Pulaski County, Arkansas, containing 2 1/2 acres, more or less. We have been informed that you are requesting a re -zoning from R-2 to C-1 neighborhood convenience zoning for the Pulaski County corner of the intersection of the County Line Road and Vimy Ridge Road. We, as owners of the 80 acre tract on the Westward extension of County Line Road, believe that such a commercial type zoning will be of service and benefit to any persons residing in the immediate vicinity, including our prospective lot or home owners in our residential subdivision on the North 40 acres of our 80 acre tract. We think it is desirable to have commercial zoning in the area. Please be advised that we have no objections to the re -zoning, and in fact, endorse such re -zoning. Yours very truly, Z- 49 40 --A PETITION We, the undersigned, are citizens and residents of Pulaski County and Saline County and live in the general area of Vimy Ridge Road and County Line Road. We object to the proposed rezoning of certain property located at the Northwest corner of V:imy Ridge Road and County Line Road owned by Robert 0. Smith, Jr., Trustee from R Single Family to C-1 Commerical. This application for rezoning in not in accordance with the master zoning plan for this area. Some or all of us intend to be present at the September 20, 1988 meeting of the Little Rock: Planning Commission to present objection. r r PETITION We, the undersigned, are citizens and residents of Pulask:i County and Saline County and live in the general area of Vimy Ridge Road and County Line Road. We object to the proposed rezoning of certain property located at the Northwest corner of Vimy Ridge Road and County Line Road owned by Robert 0. Smith, Jr., Trustee from R-2 Single Family. to C-1 Commerical. This application for rezoning in not in accordance with the master zoning plan for this area. Some or all of us intend to be present at the September 20, 1988 meeting of the Little Rock: Planning Commission to present additional reasons for our objection. PETITION FOR REZONING The undersigned hereby favors the approval of petiti..n of Robert 0. Smith, Trustee for the rezc1ninq of the Northwest Corner of the intersection of C:� aunty Line Road and Vi my Ridge Road Pt. SE SE SE Section 17, Township 1 South, Range 13 West, PLLIaSki i_ounty, ArE::ansas, containing two and one-half acres rnore or less fron-, R to C:-1 neighborhood g ncood c� �riveni ence. Date y.y�Name �JAdgdresss a�xu ------- #-AJ- -$$—_— —-----------,/ .a d- _ rk "CCAL_ _ --------------- ---- -------- - — _— _ a—C�.----------_--------_--------- PET a p favors the pe y Ri d 9 c- R..-.aej FIt L y I rjejgLl! S J R-�,p el V E, 1, 1 1 E, I': ac I' e - - - - - - - - -- - - - - - -- _ fg � - _ _. _. - ,��._ y . _.-W. 7- 2— Z� _�_.:_. ._ _-_-_.fie my - o y-_.. �/ 7 A9 se -1 y ... .... ..... .. ...... - oi- - AA p Thl ----------------------------------------------------------------------------------- PETITION FOR REZONING The undersigned hereby favors the approval of petitic-n of Robert 0. Smith, Trustee for the rezoning of the Northwest Corner of the intersection of C:._junty Line Road and Vi rely Ridge Road Pt. SE SE SE Section 17, Township i South, Range 13 West, PUIaSki COUtIty, Arkansas, containing two and carne -hal f acres more or less from R-2 to C.-1 neighborhood convenience. NarneJ r Address6f ' 2 �� 2,-e -oil -------------- rL ---------- 24- PETITION FOR REZONINia The undersigned hereby favors the apprc-val c -f p tition of Robert O. Sridth, Trustee for the rezoning of the Northwest .Carrier cif the interstctic-n of County Line Road and Vi nay Ridge Road Pt. SE SE SE Sect i c -n 1. i , Township 1 South, Range 13 West, PulaSki County, Arkansas, ccotaininci two and cine-ha:L f acres mcire cnr less from R-2 to C-1 neighbcirhood convenience. Date N tie Address ala /4.2 �__ gg -------------1 - - n � _. r� r . -----_�_-1� r-------------- '72- 7 V � .w__w_______________________w_-_---.-______-_-----__- ------------------------------------------------------------------------ - ___-___-___-__.---------------------------------________-_________- - --_____-------------------------_____-___-_-_-_______--_____- = PETITION FOR REZONING The undersigned hereby favors the approval C_of pe tition ••f Robert O. Sniith, Trustee for the rezoning of the Northwest i_arner c•f the intersection of !:0t_trity Lime Road and Virny Ridge Road Pt. SE SE SE Srcticln 17, Township 1 SC-Uth, F.ancle 13 West, F't_tlasE::i County, Ar4::ansas, �_��ntaining two and one-Fia1f acres rr�;�re or less frorn R- to C-1 neighborhood g _ncood --anvenirnce. Dat e Name Addr Nss --Lit JT. - _---/7', �_ �.�-�tH .�,� rf-�4r_...i�''`' 4 ��rie'� ��ta, �7I.L�-J.rLC-Cra..'�! ^r�i�.1�5� •�['� r _ W------- _�--..-_.--w__�.--_-------------------�--------------------------y--------- -� _ - _w --_�- - _-- _ ------------ 4-4 - ---------------------- - ---------------------------_----M--------- 10" - td FOR REZONIN13 The undersigned hereby favors the a oval 0f p,�: Ti T I-011 Sr�iith, Trustee for the rezoning of the Northwest Corner �tthcf intersection of County Line Road and Vi my Ridge Road Pt. SE SE SE Sc. SOUt hr ge Ran _ _ t i r•n 17 Town -s[l i p 1 1� West, F'ulasE�i COW-Ity, Arkansas, , containing two and cine -half acres more or less from R-2 to i::-1 nee hb:, g-rhood convenience. Date Name Address 1�� -----------__ 1 U'P'-�-1!erG �eI �-- - - ----�� -Ld-Z-t-t- , IL .1 . __- .----- . 'ZZ7,2117I ----------- --------------- Ile ell Li Aaa----------- --------- - _ter /Zoo.Z