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Z-4923-O Application
Donna James, Subdivision Administrator Department of Planning and Development City of Little Rock 723 West Markham Street Little Rock, AR 72201-1334 Re: Final site plan approval regarding Walmart's application for Revised Long - Form PCD at 2700 S. Shackelford; File No. Z-4923-0 Dear Donna: I am in receipt of your letter dated September 9, 2013, regarding approval of the above - referenced application. Your letter requested submittal of three (3) copies of the approved site plan. Accordingly, please find enclosed three (3) copies of such site plan. As you know, Walmart's application was revised to remove its request for metal storage containers for the area west of the store building, identified as "Area GH5" in the cover letter submitted with the application. As you know, that request was withdrawn from the application based on comments during the informal subdivision meeting, leaving the requests for the areas shown on the enclosed copies of the site plan, which were approved by the Board of Directors. The enclosed copies reflect removal of Area GH5 from the application. Ordinance No. 20,767 which you provided indicates that it will not become effective until final approval of the site plan. Please let me know via email whether you need any additional information for such approval. Thank you again for all of your assistance with the application. Sincerely, Stuart C. Hindmarsh SCH:tgt Enclosures 4823-5019-4453.1 K U TA K ROCK LLP ATLANTA CHICAGO SUITE 400 DENVER FAV ETTEVILLE 234 EAST MILLSAP ROAD IRVINE LITTLE ROCK OFFICE FAYETTEVILLE, AR 72703-4099 KANSAS CITY LITTLE ROCK SUITE 2000 479-973-4200 LOS ANGELES 124 WEST CAPITOL AVENUE FACSIMILE 479-973-0007 MINNEAPOLIS LITTLE ROCK, ARKANSAS 72201-3706 OKLAHOMA CITY 501-975-3000 www.kutakrock.com OMAHA - PHILADELPHIA RICHMOND SCOTTSDALE STUART C. HINDMARSH stuart.hindmarsh@kutakrock.com September 12, 2013 WASHINGTON (479)973-4200 WICHITA Donna James, Subdivision Administrator Department of Planning and Development City of Little Rock 723 West Markham Street Little Rock, AR 72201-1334 Re: Final site plan approval regarding Walmart's application for Revised Long - Form PCD at 2700 S. Shackelford; File No. Z-4923-0 Dear Donna: I am in receipt of your letter dated September 9, 2013, regarding approval of the above - referenced application. Your letter requested submittal of three (3) copies of the approved site plan. Accordingly, please find enclosed three (3) copies of such site plan. As you know, Walmart's application was revised to remove its request for metal storage containers for the area west of the store building, identified as "Area GH5" in the cover letter submitted with the application. As you know, that request was withdrawn from the application based on comments during the informal subdivision meeting, leaving the requests for the areas shown on the enclosed copies of the site plan, which were approved by the Board of Directors. The enclosed copies reflect removal of Area GH5 from the application. Ordinance No. 20,767 which you provided indicates that it will not become effective until final approval of the site plan. Please let me know via email whether you need any additional information for such approval. Thank you again for all of your assistance with the application. Sincerely, Stuart C. Hindmarsh SCH:tgt Enclosures 4823-5019-4453.1 O f+ _ ��'� °' `� +tea};. . #i. ; �• _..�'� rD 3 _ Ij �l►t�� rD ` go HIM III R 'R R R R R aR R e - CI - •-�{� n 1 gg �, •rax p`- �j � nl 41 1 e i. s3 w `- - -rr PSS 3 -- I. -- Oft'. FL 3 KL E —b-6- l D —R 0 !'� CONN tiC SITE PLAN - e �• �E![1i[kP.Y.R4, Il'L: WALMARTSUPERCENTER @72 7 1 - - _ FOFKD) SA — �lq , ($IfACE(LCFOliflj 'Wal 6etkr, 1 .. Little Rock(Shackleford) 126-7 Site Plan Shaddeford Crossings 1.0 James, Donna From: Hindmarsh, Stuart C.<Stuart.Hindmarsh@KutakRock.com> Sent: Thursday, September 12, 2013 11:39 AM To: James, Donna Subject: Wal-Mart File No. Z-4923 (site plan request per your 9/9/13 letter) Attachments: final site plan for Walmart 2700 S. Shackelford - File No. Z-4923.pdf Donna, I received your letter dated 9/9/2013 requesting three copies of the approved site plan as soon as possible. I appreciate your forwarding the copy of the recorded ordinance to me. I will be mailing to your attention 3 copies of the attached revised site plan, which I've revised to remove the area for which Walmart originally requested authority to have metal storage containers. As you know, that request was withdrawn based on comments during the informal subdivision meeting, leaving the requests for the areas shown on the attached site plan, which were approved by the Board of Directors. I understand the Ordinance you provided will not be final until your approval of the attached revised site plan. Can you let me know the process/timeframe for that? Thank you very much for your assistance with this application. Stuart Stuart C. Hindmarsh I KUTAK ROCK LLP ff euse Grote our new Suite numbed 234 East Millsap Road, Suite 200 Fayetteville, Arkansas 72703-4099 Tel: (479) 973-4200 Dir: (479) 695-1945 Fax: (479) 973-0007 stuart.hindinarsha kutakrock.com ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. This E-mail message is confidential, is intended only for the named recipients above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message. Thank you. c �n {rS g1di7wP 14 Q0 04 G 6Cimpe7 � � 0 17#41RaS7 add c7p �yy � ap 4 D ONO 9 V q 6p ff_ R o 4lf4 o 9 4 n rollle \'CCS/, "i so F� �O- 4 Q CipVav17a0 G , 0 .Q CD o $ . .mpoo p A ucrs7n 0 • . 4 ap qoq._ o a tr So a �= 4 V M66 - a iM0 C o PK/OS 0 RL Moc e This a Site aA q p U Mx " �4¢paaQ Q fff ®m ea 0C� � gCl�p a p � pa F7 Ot10 o p0 bo- �gb0PC, ° OM RM alum00 Q �• �Op�LSo +�-*J n Q O L P KA5 �, tJ q 0 D OGM fl 4 0 4 4 oiaa P... DS ° B O 9 o p Ei O c p°� I nn ������ D q q � a \\1 i11 � p ppb G L�: � 6 "PT P ° A' So p O RH � J l3 fl ° 0 Land Use Plan Case: Z-4923-0 N Location: 2700 S. Shackleford RD Ward: 6 PD: 11 0 275550 1,100 Feet CT: 24.08 TRS: T1 N R13W16 Is PROPOSED OUTDOOR SALES AND STORAGE AREAS Z-4923-0 2700 SOUTH SHACKLEFORD ROAD PCD 2013065725 Recelled: 9/W013 a:5o:05 RM Recorded: 09/06/2013 09:05:48 AM Filed & Recorded in Official Records of Larry Crane, PUL45ltl COUNTY CIRCUIT/COUNTY CLERtt I ORDINANCE NO. 20;f 1 a20.00 7 3 AN ORDINANCE TO APPROVE A PLANNED ZONING 4 DEVELOPMENT AND ESTABLISH A PLANNED COMMERCIAL 5 DISTRICT TITLED SHACKLEFORD CROSSING (WAL-MART) 6 REVISED LONG -FORM PCD (Z-4923-0), LOCATED AT 2700 SOUTH 7 SHACKLEFORD ROAD, LITTLE ROCK, ARKANSAS, AMENDING THE 8 OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK, 9 ARKANSAS; AND FOR OTHER PURPOSES. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from Revised PCD, Planned Commercial District, to Revised PCD: Lot C Shackleford Crossing Subdivision, City of Little Rock, Pulaski County, Arkansas. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for Shackleford Crossing (Wal-Mart) Revised Long -Form PCD (Z-4923-0), located at 2700 South Shackleford Road is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section I hereof. SECTION 5. That this ordinance shall not take effect and be in full force until the final approval of the plan. 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 CJ1R C originally a part of the ordinance. ,' ..'. ULU T '••,; M1i=yrly : --1 [Page 1 of 21 � ••:�'•�• � _ � � -fry • u��-�'�'�r .' t - ,,,,,,COUNTY P��.�'' 11�711115111555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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. PASSED: August 27, 2013 ATTEST: APPROVED: fta." ToyWoobinson, A s Stant City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attor y // // // // // // // // // // // // // // // // // [Page 2 of 21 o :fin C 6 DQ 8e®®.aRsr 14 �ocra° -�yYa a C LRT DF d -CUP 03 O C 03 PODCi6 IN zf 02 I ✓ . I C'aa���ec f tat 0 e 9 c� L� r-COlha;' L�dt~�7j ap�a��� •�' j s�', ` s °• +C ® q l , r t 9 d .��.e.C'4•:.P p t Y�8���0/lp4p _ _.J e ®'q •fill '1$�;�w er. LO a .J— c a pt,: p f1 �Q.�C /f� fr' � .y''Si�1 I � � ;� B o° : �•" 6 C C7 [• � 4 e i� 7i: F c p f Q c= :i -a _�� ..-..fir-'''• 6 n F ':O.4t t rri 'm6o pa p r'r� i _ - f MF12 CUP a. r 11 _3 �- �•�. 'mss Ip . y; �q q ►` 03 lla 0 44`s ! r. a. CUP 02 e R - R2 fie CUP _ — =yy. v rc 11C3 .CUP ���° 04 4 r+CiJP•;.R2 tf - a' °a�u vj os d gin `L PID rii OS Ft2 40, Cu 9 Ell. F - CUP - a C2 02 �• I �� ti ' �4 �i � c Area Zoning Case: Z-4923-0 N Location: 2700 S. Shackleford RD Ward: 6 PD: 11 CT: 24.08 TRS: T1 N R13W16 1� 0 275550 1,100 Feet *g re p¢ m oats4q aah c (• _ l''1 gror 4h; s meb� ti This_--- I!oene Mete e'°1whg4�J-"aL7O gLr4q�+ CT f Site �: - i y + ; �g roti t�1 L y��j , r � a M L PCD . F. ° affil dp �ri �p �^� ❑5 � vC •� •� bsa ne ej� emc _ fd�Rd C �• eB o ... _ . . � 1r ' n tj p : Land Use Pian Case: Z-4923-0 �1] Location: 2700 S. Shackleford RD Lmmewt PD: 11 0 275550 1,100 Feet CT: 24.08 TRS: T1 N R13W16 ►p A App 1 f PIP A � I I i .,� L... C_-3 _ F PRWMEL' OUTDOOR SATES ANO STORACC KEAS Z-4923-0 0 2700 SOUTH SHACKLEFORD ROAD 0 PCD City of Little Rock Planning and Development Filing Fees Date Annexation Board of Adjustment Cond Use Permit/T UP Final Plat Planned Unit Dev Preliminaiy Plat Special Use Permit Rezoning Site Plans Stieet Name Change Street Name Signs Number at ea Public Hearing Si ns Number�_a#�ea Total $ ,! A $ Ql i File No Location Appli By City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399.3435 or 371-6863 September 9, 2013 BJ's Restaurants, Inc. c/o Golden Property Development LLC 10 S. Grant Street Roseville, CA 95678 Re: Shackleford Crossing Lot 3 Revised Long -form PCD (Z -4923-P), located in the 2800 Block of S. Shackleford Road Dear Sir: Enclosed please find a copy of an Ordinance adopted by the Board of Directors at their August 27, 2013, Public Hearing approving a revision to the Planned Development Shackleford Crossing Lot 3 Revised Long -form PCD (Z -4923-P), located in the 2800 Block of S. Shackleford Road. Please submit three copies of the approved site plan to me as soon as possible so your file maybe closed out. If you have any questions concerning these ordinances, please feel free to call me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION AUGUST 20, 2013 AGENDA Subject An Ordinance establishing a Planned Zoning District titled Shackleford Crossing (Wal -mart) Revised Long - form PCD (Z-4923-0), located at 2700 S. Shackleford Road. Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION CITIZEN PARTICIPATION Action Required gOrdinance Resolution Approval Information Report Approved By Bruce Moore The applicant is requesting to amend the approved site plan for Lot C Shackleford Crossing Subdivision (Wal -mart) to allow the placement of outdoor display of seasonal items within a specifically defined areas of the parking lot and along the front and the western side of the building. None. Staff recommends approval of the requested PCD zoning. The Planning Commission voted to recommend approval of the requested zoning by a vote of 9 ayes, 0 noes and 2 absent. The Planning Commission reviewed the proposed PCD request at its July 11, 2013, meeting. There were no registered objectors present. All property owners located within 200 -feet of the site along with the John Barrow Neighborhood Association were notified of the Public Hearing. BACKGROUND The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long -form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being 0-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where 0-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four (4) out parcels along the Shackleford Road frontage, with three (3) main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. Subsequent revisions have allowed the development of the shopping center as exists today. Most recently, Ordinance No. 20,743 adopted by the Little Rock Board of Directors on July 9, 2013 allowed a revision to the previously approved site plan to add 43 additional parking spaces in the Tract B area (adjacent to the Wal -mart tract) and increase the overall allowance for restaurant usage from the existing 80,000 square feet to 90,000 square feet. All other aspects of the approved PCD remained unchanged. The applicant is now requesting to amend the approved site plan for Lot C Shackleford Crossing Subdivision (Wal -mart) to allow the placement of outdoor display of seasonal items. The applicant has identified the areas proposed for outdoor display including adjacent to the building and within the parking lot area near the lawn and garden center. The items for placement of display include bedding plants/trees/shrubs, mulch, potting soil, bagged lawn goods, landscape decorations, landscaping tools, grills, lawn mowers, and other seasonal outdoor merchandise from February through August, in specific areas on the site. The plan also includes an area for permanent outdoor display on the sidewalk area in front of the store to include display of merchandise such as plant materials, grills, mowers, deer stands, bicycles and/or Christmas trees which will be rotated as to the particular season. 2 BACKGROUND Please see the attached Planning CONTINUED record and site plan for the development proposal and the recommendation. 3 Commission minute applicant's specific staff analysis and I ORDINANCE NO. 2 3 AN ORDINANCE APPROVING A PLANNED ZONING 4 DEVELOPMENT AND ESTABLISHING A PLANNED 5 COMMERCIAL DISTRICT TITLED SHACKLEFORD 6 CROSSING (WAL-MART) REVISED LONG -FORM PCD 7 (Z-4923-0), LOCATED AT 2700 S. SHACKLEFORD ROAD, 8 LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL 9 ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR 10 OTHER PURPOSES. 11 12 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 13 ROCK, ARKANSAS. 14 15 SECTION 1. That the zoning classification of the following described property 16 be changed from Revised PCD to Revised PCD: 17 18 Lot C Shackleford Crossing Subdivision, City of Little Rock, Pulaski 19 County, Arkansas. 20 21 SECTION 2. That the preliminary site development plan/plat be approved as 22 recommended by the Little Rock Planning Commission. 23 24 SECTION 3. That the change in zoning classification contemplated for 25 Shackleford Crossing (Wal -mart) Revised Long -form PCD (Z-4923-0), located at 2700 S. 26 Shackleford Road is conditioned upon obtaining a final plan approval within the time 27 specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. 28 29 SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances 30 of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof SECTION 5. That this Ordinance shall not take effect and be in full force until the final approval of the plan. 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. PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney // APPROVED: Mayor Page 2 of 2 3 POD a e D lova 18 - A� P •a n 0 b "❑ A. �m oes � g os q�� �Ctm a �� • �..� e�y Yy W�g • .B . � � � tl @r4aoQ� �v0 �.ua� 4 H �� ■ 5 B+•� a 4y oyCa S - - avtiav g 02 -wave �A'c r�4 pWd mo e�4b qdm o e' 1 P 4.0 �❑4q� X44 Daae■ar a fl a nQ �� b a massa Ir4alp repo a m p >a p I e m a G 4 4 g® 1Y y -d X88 A�$�I� A$ vv ; ■ +� " .o fit. � ■ ■ °� �, � � 9� ��1� a� rig � � � $ � 8 � • tY 9 8 g 8 p 8 a v _� n' a es s e ®t y B 1 a e se • a 8 w y �'� tl 6e ='� _co !♦]S CUP w n = sv a■do a � �� j�JllSj __ two ❑ ffi 9 / � ■ r�e ° i t � ® C � �affi �a el■e�man + seopp fl 0, ewe V CS gh� Site ew.W■.w■ a e pWerW4vfpl baqwg W v # 9 i $ ame+ - :m PCD es pia a. PCD ®ami a� s e°mpaap Q � me n� Nam a it � ...�8.... � tI pet Ya B � �mav &a e vv 1 ■i POD a °° �4 ® 03 ■ gta p q�4a e m sa °j s e CUP 02 CUP sW CUP_;g CUP a °a F1 R2 4 e 0S UP m n g ■ I O � ■dmm�,e m a OS R2 a e e ° Cu p p a rt R2 n • e C2 02 a e° Area Zoning Case: Z-4923-0 N Location: 2700 S. Shackleford RD Ward: 6 PD: 11 0 275550 1,100 Feet CT: 24.08 TRS: T1 N R13W16 Land Use Plan Case: Z-4923-0 N Location: 2700 S. Shackleford RD Ward: 6 PD: 11 0 275550 1,100 Feet CT: 24.08 TRS: T1 N R13W16 VIAW ART SUPERCENTER PROPO5ED OUTDOOR SALES AND STORAGE AREAS Z-4923-0 0 2700 SOUTH SHACKLEFORD ROAD 0 PCD C.". AFFIDAVIT OF MAILING STATE OF ARKANSAS COUNTY OF WASHINGTON Before the undersigned Notary Public, duly qualified and acting in and for this county and state, appeared Joshua B. Hite of Kutak Rock LLP, to me well known to be the affiant herein, who stated the following under oath after being duly sworn: My name is Joshua B. Hite, I am over eighteen (18) years of age, and I am a resident of Washington County, Arkansas. 2. Joshua B. Hite of Kutak Rock LLP is attorney for and the authorize representative of Wal-Mart Real Estate Business Trust ("A ,pplican "). I am authorized to submit this Affidavit on behalf of Applicant. The events set forth herein are stated from my personal knowledge or from the records that Applicant maintains in the course of its regular business activity. 3. I have reviewed true and correct copies of the documents referenced in this Affidavit, and such documents represent true and correct reproductions of the facts upon which the statements made herein are based. 4. On June 18, 2013, Applicant caused to be mailed by certified mail, return receipt requested, the Notice of Public Hearing advising of the public hearing to be held on July 11, 2013, a true and correct copy of which is attached hereto as Exhibit "A", which is incorporated herein by reference, to all record owners of property within 200 feet of the property subject to the rezoning application filed by Applicant (the "Subject Property"). 5. Attached hereto as Exhibit "B", which is incorporated herein by reference, are true and correct copies of the Certified Mail Receipts and Return Receipts evidencing receipt of 4843-8160-3604.1 the Notice of Public Hearing by all record owners of property within 200 feet of the Subject Property. 6. The list of all record owners of property within 200 feet of the Subject Property was prepared pursuant to a certified property search conducted by Waco Title. A true and correct copy of such certified property search is attached hereto as Exhibit "C", which is incorporated herein by reference. 7. I have read this Affidavit and it is accurate and complete in all respects. 8. I state under penalty of perjury under the laws of Arkansas that the foregoing is true and correct. FURTHER AFFIANT SAYETH NOT. In witness whereof, I hereunto set my hand this 3rd day of July. Kutak Rock LLP Joshua/.ite Subscribed and sworn to before me, a Notary Public, this 3rd day of July, 2013. My Commission Expires; Notary Public — aJlqWoi9 DENISE S. BOUGAE WASHINGTON COUNTY NOTARY PUBLIC - ARKANSAS My Cor"I@W n Egirm Jun* %019 Comm emm No. 12371952 4843-8160-3604.1 2 EXHIBIT 1fpzd,dor, 03/01/10 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at Lot C, Shackleford Crossing Subdivision, Little Rock, AR (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) 2700 S. Shackleford Road, Little Rock, AR (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: Wal—Mart Real Estate Business Trust (NAME OF OWNER) - 2001 S.E. 10th Street, Bentonville, AR (ADDRESS OF OWNER) Number of proposed lots: 1 ; Proposed use of property: retail with outdoor sales and storage NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development (PZD) on the above property, requesting a change of zoning classification from PCD District to Revised PCD District, has been filed with the Department of Planning and Development. A public hearing to consider the requested change in zoning classification and to review theproposed site development plan will be held by the Little Rock Planning Commission on July 11, 2023 , at x:00 p.m. 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, or any party in interest may notify the Planning Commission of their views on this matter by fetter, All persons interested in this request are invited to call or visit the Department of Planning and Development, located at 723 W. Markharn St., phone, 371-4790, to review and discuss the application inibrmation with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Depaaiment of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. A TTYII A IlYrr S LO (Domestic Mail Only, No Insurance Coverage Provided) For delivery Inloirrration Y1.911 our website at www.usps.comq, Co t f� edsn f` ru Postage $ sg Certified Fee � 16 �p ru �V�w C3 Retum Recelpt Fee ' • f,'!v Here C3 (Endorsement Required) 5 ti Rasukled rJ911very Fea �- r C:3 (Ertlorsement Requlred) r -i $ i 1Za, L,40%V r W Total Postage S Fees ru ru p Womens Division Board of Mission -s5:eei, i�rCti -- or PO Box Nr 2000 Aldersgate Road crx'si�ie'z Little Rock, Arkansas 72205 ■ Complete fterna 1.2. and 3. Also compleW item 4 ff Restrfctad Deilvery is desku& w PrkH your name and elddress on the reverse so thatwe can retum the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permift 1. ArWeAd&Wsod to' Womens Division Board of Missiun 2000 Aldersgate Road Little Rock, Arkansas 72205 2. ArtWe Number (IFeraslar from se -vto fabolJ Ps Form 3811, February 2004 B. Recd* 4h (Rirlted 11 ��A914' C. � at oa Li I D. Is dWVerY address dflfe1Vft fmm Item 1Z [:)Y- ' i If YES, enter dellvery addrusa [below: ❑ No }t k I i 3, Service Type i CatlW ME4- d Express Mall + RPg%tNed ;K PA m Raw" for NWCh WW _❑ Irmned Mall 0 C.O.D. l 4. Resz tted DellverY? P" Fee) ❑ Yes 7012 2210 0002 7742 8845 Domestic Rettun Receipt 10258502-F`! W EXHIBIT 8 ra .. • ru _ CO Im -I- u` Poslage �' • `' � 3 . N t o y � Certllled Fee s Postmark 'f {� ru Fee S� o M (Endorsement R qutlred) J Her, t7 ReslrlCtod De%very Fee t7 (Endorsement Required) 2� . .� �: rl ru Total Postage & Fees ru ru Shackleford Crossing Properties, LLC o s g�" `1' 209 Deuville Place or Po Box N, �` crtyi�ia; r Little Rock, Arkansas 72223 ■ ate Rom 1, 2, and 3. Abm ccxnp�ffte p.4 If Beestrfcted IeitlwY Es desired- ■ Print your rOTO and address on the revers sa that we can return the card to you. In Attach thW card to ft back of ft mallpleva, or an the front It space permits - 1 . ermits.1. AideAddressedU Shackleford Crossing Properties, LLC 209 Deuville Place Littl&Rock, Arkansas 72223 A. Sig ❑ AOS x of Delivery { a. R �Ari#vd IYt;Yr+O) 1 D. 1 Yes y tNrn Item 1? 0 No YP%WWI. ra 1t7 3. SWOCe TY1W E3 EqxW* MDO faF� ❑ Registerw 1 . ❑ Irevtue0 MaN ❑ C.U.D. 4. P,estrlcted DeeverY1(EMU Fee) 0 Yes 2. AUticie Nurnber7 012 22 a 0022 ??42 8821 {rrmmter Isom ssr&v label - - 102595vz.te-+e40 PS Form 3811, February 2004 Dome5llo Retum Rem" ■ Corrl'�l iterrrs 1, 2, and 3. Also 0arrtpWW Postal mem 4 lir -ted DeMly is deedi . 0 Ag"} Lpm&woee. CERTIFIED WAIL. Mtbomesttv Maff Only, idd 5 ; wat or On - B frprrt If space permtts D. isda( affcrazttlam rrem 1? ❑ Yea K yM enter del" eddrasa below.. 0 No I i CO GDR Partners, LLC 1 ; 7 Gravelle Drive Little Rock, Arkansas 72223 ru a. service Typo. OL*WM rilri* © Express Mea f�- Postage $ Y(p r` ru Certlfled Fee r" .; a 3 10 - ` K�\ ; 2. Article Num7012 2210 0002 7742 8838 (na+ufer hornM service lebe� Ratum Receipt Fee y ^t Postmark 0 (Endorsernene Requtred) pJ Rastdced Delivery Fee 0 (Endarsemont Requlrad) s r� 4r ~� r Total Postage a Fees (p / fu ,ry \y�}7t4§ r ur-q Srrtr: Ajir; GDR Partners, LLC o r` oiPOeox 7 Gravelle Drive cry;sieie; Little Rock, Arkansas 72223 . ■ Corrl'�l iterrrs 1, 2, and 3. Also 0arrtpWW A sl mem 4 lir -ted DeMly is deedi . 0 Ag"} Lpm&woee. ■ Print your name acrd address on the n verse so d we can return the card to your. ttt N@d by i C. Dere of oarnrery i ■ AtUh.thla card to e back of the rrtdlpkKNN th 5 ; wat or On - B frprrt If space permtts D. isda( affcrazttlam rrem 1? ❑ Yea K yM enter del" eddrasa below.. 0 No I i 1. Article Addressed to GDR Partners, LLC 1 ; 7 Gravelle Drive Little Rock, Arkansas 72223 j} a. service Typo. OL*WM rilri* © Express Mea ❑ Registered 4 ❑ hawed Mall 0 C.O.D. 4. Rest� Delivery/? P tYa Fes) ❑ Yea 2. Article Num7012 2210 0002 7742 8838 (na+ufer hornM service lebe� Ps Form 3811, February 2DO4 Dortostle Retum Recdpt 1021596-Qe l64o_. �. No Insura ce Coverage Provided) ra co N r- Postage $ 6 N Certilled Fee rL Postmark Return Hecelpr Fee tis Here O (Endorsement Aequ�red) 01,5S '� Rsslr clad PIT Afy Fee �9sr 0 (Errdo soment Regelred)rq s W Total Postage & Fees is �p RJ nu r ro United States Beef Corporation r-3 b5&WAar:: c/o John R. Savage •••_ r` orPo6oxr P.O. Box 22845 ci`" S"!°" Oklahoma City, Oklahoma 73123 ,135 Form. 3800, Auguwt 20BG See Reverse lor Instructions ■ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Denver)+ Is dashed. ■ Print your name and adites on ttre reverse so that we ran return the Card to you. o- Attachthls card to the hack of the maiiplec% or ort tfte front if sperms Permits. 1. Ardde Addressed tx United States Beef Corporation c/o John R. Savage P.O. Box 22845 Oklahoma City, Oklahoma 73123 A. G. Date of Do" 4rr� I" D. Gs delhrerr W&"M brit f M Rem 1? 0 Yes WOW, 0 No If �. WOW, 7A S t A, e f ?.s 1 r 3. 5ervtce iyplfi• f--- a �;` I 0 insured Ma® ❑ C.O.D. 4. PawlcW Depv W (Extra Fee) 0 lyes 2.ArWe N°T�ber 7p12 2210 0002 7742 8814 {rransler tram service iabeg ----- _ PS Form 3811, February 2004 Domestic Retum Raw" 102595-0brd-154ei Postal CERTIFIED RECEIPT (DOmestIc Mail Only; r� nj Postage S T:C ,• r� rU Certified Fee 3-10 a 11 0 Ratum Receipt Feg SS t' Postmark O (Endors6mpni Requlrad) Here i /I C3 staauicted Oefnrery Fee a - 0 �F�daisemam Requiredj r-3 / l4�711A31' M Tota! Pastepe &Fees ( j ru � Sant To Shackleford Crossing Investors LLC 0 or PO 04 o. c/o Three Galleria Tower — Inc. tti or PO 8Px No. crty'sFdFs, z�i 13155 Noel Rd STE 500 Dallas, TX 75240 ■ Compiete items 1, 2, and 3. Also compwte Item 4 tf Restrlc,w Dttttveay is desUed. ■ Print your name and addre" on the reverse so that we can return the card to you. • Attach this owd to the back o1 ase maApleaa, or on the frorl l,.ppace perm€ts. 1. Article Addres�t ta: Shacklefor,&Crossing Investors LLC C/o Three Galleria Tower— Inc. 13M' Noel Rd STE 500 Dallas, TX 75240 A. srg x r 11 ❑ter B. Received C'O � eryr tIC D: N dal�irery d- from Item 17 Yes- ! If YES, enter delivery address below. ❑ No I 1 3. Servke $+pe - f SAW O Exp, mair © red �Astun l W ❑inst"dnsured A4a1} ❑ C.fl.D, � 4. Pas4tr,w DejWrllt,iErVV peq 13 Yes 2. ftmS&Vftkfto 7212 2210 0002 7742 8791 � J PS Form 3811, Febru - � 2004 O RetumRoo 90teases-De�M-ts4o, Postal CERTIFIED MAIG, RECEIPT 0 Cc CO t x r% - Postage $ ti Certified Fee Ya O Fiatvm Recefpr Fee Postmark .Y 1 O (Endo(sement RegVlred) ' ss Here iyl C3 ti Restricted del very Fee 0 (Endorsement RequtredJ r-1 {r ` M Total Postage & Fees ru a71;n_ u _ TPLR Partners LLC/Zero Business N or PO Box 6 Saw. 4320 Industrial Drive Fort Smith, Arkansas 72916 ■ CompkyW items 1. 2, and 3. Aso complete Item 4 If Pa&kLsd DdNwy to deetr a s Print yow name and address on the rvverss so that we can rs4un the card to you. ■ Attach this card to the back of tyre maflplece, or on the front I space permits. TPLR Partners LLC/Zero Business 4320 Industrial Drive Fort Smith, Arkansas 72916 r p Agert r 0 Addy- I t a. a vad (97 nmme) c. paha a Davey 2. Amide Number Twww ftm SwVkq law 7012 2210 0002 7742 8807 PS Form 3811, February 2004 DomesW Retum Receipt to23ssozaa t5ao: i L (p D bdsUvery rTererrttrDrrt i-7 ❑Yes ? K YE,9; enter dolNery sda aw: O No 2 3. sarvlca Type two 0 Express h4al[ 0 RNlsterad 1(R.0rrrRwUw cw ModwhCHM O Irtswsd titan ❑ c.o.o. 4. RestrIeW DeAver)R (Extra fee) 13 Yea 2. Amide Number Twww ftm SwVkq law 7012 2210 0002 7742 8807 PS Form 3811, February 2004 DomesW Retum Receipt to23ssozaa t5ao: EXHIBIT co WACO . TITLE 11300 Cantrell Road, Suite 105 Little Rock, AR 72212 Phone: 501-716-6100 Fax: 501-716-6101 SPFCIAL CERTIFICATE Dile 9: 1300675-969 For the use and benefit of: Kutak Rock LLP Attn: Stuart Hindmarsh STATE OF ARKANSAS COUNTY OF Pulaski) Vdc the undersigned, being an employee of WACO Title Company, do hereby certify that we have made due and diligent search of the Records in the Assessors Office within and for Pulaski County, Arkansas, and find the adjacent, owners and addresses within 200 feet as shown in Exhibit A. IN -SO -FAR as the same affects the following described property, to -wit: Lot C, Shackleford Crossings Addition to the City of Little Rock, Pulaski County, Arkansas. DATED May 30, 2013 Countersigned WACO Title Company Teresa V. Smith, Authorized Signatory 5iping Agent No.: 35226 Title Agency No.: 324797 ***** DISCLAIMER ***** This certificate is not certified as to the validity of the title to the above described lands, but rather certifies as to the correctness of the matters of record pertaining to the title to said lands during the period covered by said search, The above certificate is issued solely for the use and benefit of the party set forth above, who agrees that the liability Ror this certificate shall be expressly limited to the amount paid to WACO Title Company for this special certificate. EXHIBIT "A" PARCEL # 44L0781800500 OWNFRSIIIP INFO: SIIAC'KI.I-`FORD CROSSINGS INVESTORS LLC 2608 S. SHACKLEFORD ROAD LITTLE ROCK, AR B111INC; INFO: SHACKLFFORD CROSSINGS INVESTORS LLC C/O THREE GALLERIA TOWER -INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL #44L0781800600 OWNERS[I11' INFO: SHACKLEFORD CROSSINGS INVESTORS LLC S. SHACKLEFORD ROAD LITTLE. ROCK, AR BILLING INFO: SHACKLEFORD CROSSINGS INVESTORS LLC CIO THREE GALLERIA TOWER -INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL 044LO781800701 OWNERS[Ili' INFO: SHACKLEFORD CROSSINGS INVESTORS LLC 2628 S, SHACKLEFORD ROAD LITTLE ROCK, AR BILLING [NFO: SHACKLEFORD CROSSINGS INVES'T'ORS LLC C/O THREE GALLERIA TOWER -INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL #441,0781800900 OWNLiRSHIP INFO: SHACKLEI'ORD CROSSINGS INVESTORS LLC S, SHACKLEFORD ROAD WT—Report-Ownership LITTLE ROCK, AR BII.E.ING INFO: SHACKLEFORD CROSSINGS INVESTORS LLC CIO THREE GAL,I,ER1A "TOWER -INC 13155 NOEL, RD STE 500 DAI.I.AS, TX 75240 PARCEL #441,07$1801400 OWNERSHIP INFO: SEIACKLEFORD CROSSINGS INVESTORS LLC S. SHACKI_LFORD ROAD I.ITTLE ROCK, AR 1311.1,ING INFO: SHACKI,IhORD CROSSINGS INVESTORS LLC C/O THREE GAI,LT?RIA TOWER -INC 13155 NOEL RD STE 500 DALLAS, 'FX 75240 PARCEL. #441,0781801500 OWNERSHIP INFO: SHACKLEFORD CROSSINGS INVESTORS LLC S, SHACKLEFORD ROAD LITTLE ROCK, AR 1311,1-ING INFO: SI IACKLEI�ORD CR05SINCYS INVESTORS LLC C/O "TIIRE,E GALLERIA TOWER -INC. 13155 NOEL RD STT? 500 DAI_I_AS, "I -X 75240 PARCEL #441,0781801300 OWNS RS[ Ill' 1N1'O: TPI.R PARTNERS LLC /ZERO BUSINESS 12 CROSSINGS CT LITTLE ROCK, AR 13I1,1..ING INFO: TPI,R PARTNERS LLC /ZERO BUSINESS 4320 INDURSTRIAL DR 72916 (NO CITY OR STATE LISTED) PARCEL #441,0781800800 OWNERSHIP INFO: UNITED S'T'ATES BEEF CORPORATION 2704 S. SHACKLEFORD ROAD I.TT"TLE ROCK, AR BILLING INFO: UNITED STATES BEEF CORPORATION CIC) JOHN R. SAVAGE.. P.O. BOX 22845 W"I' _. Report-Ownersh i p OKLAHOMA CITY, OK 73123 PARCEL #44L0781801000 OWNERSHIP INFO: SHACKLEFORD CROSSING PROPERTIES, LLC S. SHACKLEFORD ROAD ITTLE ROCK, AR BILLING INFO: SHACKLEFORD CROSSING PROPERTIES, LLC 209 DEUVILLE PLACE [.IT 1'I,E ROCK, AR 72223 PARCEL #44L0781800700 OWNERSHIP INFO; GDR PAR'T'NERS, LLC 2702 S, SHACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: GDR PARTNERS, LLC 7 GRAVELLE DRIVE LITTLE ROCK, AR 72223 PARCEL #44L0800004300 OWNERSHIP INFO: WOMENS DIVISION BOARD OF MISSION 2000 ALDERSGATE ROAD LITTLE ROCK, AR 72205 BILLING INFO: WOMENS DIVISION BOARD OF MISSION 2000 ALDE;RSGATE ROAD LITTLE. ROCK, AR 72205 WT._ Rcpoil-0\rllcrsh i p City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE: June 7, 2013 TO: John Barrow Neighborhood Association ATTENTION: Carolyn Heitman ADDRESS: 8123 West 40th Street Little Rock. AR 72204 REQUEST: _ Shackleford Crossing (Wal -mart) Revised Long -form PCD (Z -4923-P), a request to allow the placement of seasonal outdoor display within the Wal -mart parking lot and adjacent to the store front. GENERAL LOCATION OR ADDRESS: located at 2700 S. Bowman Road OWNED BY/APPLICANT: Wal -mart Store #136 — Agent, KUTARK Rock LLP Attomeysat Law Stuart Hindmarsh (Contact # 479-973-4200) 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 July 11, 2013 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 Planning 723 West Markham Street Zoning and little Rods, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE: June 7, 2013 TO: Vice -Mayor _Doris Wright ADDRESS: 3705 Cobb Street Little Rock, AR 72204 REQUEST: Shackleford Crossing al -mart Revised Long -form PCD Z -4923-P a reguest to allow the placement of seasonal outdoor display within the Wal -mart parking lot and adjacent to the store front. GENERAL LOCATION OR ADDRESS: located at 2700 S. Bowman Road OWNED BY/APPLICANT: Wal -mark Store #136 — Agent, KUTARK Rack LLP Attorneys at Law Stuart Hindmarsh Contact # 479-973-4200 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 July 11, 2013 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 James, Donna From: Frazier, Randal B. <randy.frazier@kutakrock.com> Sent: Monday, July 01, 2013 11:55 AM To: James, Donna Cc: Hindmarsh, Stuart C. Subject: Wal-Mart File No. Z-4923 Donna, As a formal follow-up to our telephone conversation last Thursday, this letter will confirm that Wal-Mart is withdrawing its request to place storage containers/trailers on its property as requested in item #1 of its application letter dated May 31, 2013. It is our hope that City Staff will not object to the application with the deletion of its original request for the storage units. Feel free to contact me if you have any questions. Randy Frazier Kutak Rock LLP 124 W. Capitol Ave., Suite 2000 Little Rock, AR 72201 (501) 975-3122 (direct) (501) 975-3001 (fax) rand .frazier kutakrock.com ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. This E-mail message is confidential, is intended only for the named recipients above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message. Thank you. City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 n�gn�djO,,]) 371-4790 Fax: (501) 399-3435 or 371-6863 ❑ Entergy (2) ❑ Center Point - ARKLA ❑ AT & T (2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning ❑ Little Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department Planning Zoning and Subdivision NAME: Shacleford Crossing Revised Long -form PCD TYPE OF ISSUE: Wal -mart revised site plan outdoor storage of seasonal items FILE NUMBER: Z-4923-0 LOCATION: 2700 S. Shackleford Road ❑ Planning and Development — Site Plan Review ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: On July 113 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 June 14.,.20 a NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on dune 24, 2013. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerely, Donn aures, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY June 17, 2013. 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 VIA FEDEX Department of Planning and Development Attn: Donna James 723 West Markham Little Rock, AR 72201 Re: Application for Rezoning of PCD - 2700 S. Shackleford Road, Little Rock, AR - Wal-Mart Real Estate Business Trust Dear Donna: Please find enclosed for filing with the Little Rock Department of Planning and Zoning an affidavit regarding the mailing of notice of public hearing in connection with the above - referenced PCD rezoning application. I ask that you please mark the enclosed affidavit as filed as soon as it is received. Thank you for your attention to this matter. Please do not hesitate to contact me should you have any questions. Sincerely, /Joshua %BHite Enclosure 4841-1716-5844.1 K U TA K ROCK LLP ATLANTA CHICAGO SUITE 400 DENVER 234 EAST MILLSAP ROAD FAYETTEVILLE IRVINE LITTLE ROCK OFFICE FAYETTEVILLE, AR 72703-4099 KANSAS CITY LITTLE ROCK SUITE 2000 124 WEST CAPITOL AVENUE 479-973-4200 LOS ANGELES LITTLE ROCK, ARKANSAS 72201-3706 FACSIMILE 479-973-0007 MINNEAPOLIS 501-976-3000 www.kutakrock.com OKLAHOMA CITY OMAHA PHILADELPHIA RICHMOND JOSHUA B. HITE SCOTTSDALE joshua.hite@kutakrock.com July 3, 2013 WASHINGTON (479)973-4200 WICHITA VIA FEDEX Department of Planning and Development Attn: Donna James 723 West Markham Little Rock, AR 72201 Re: Application for Rezoning of PCD - 2700 S. Shackleford Road, Little Rock, AR - Wal-Mart Real Estate Business Trust Dear Donna: Please find enclosed for filing with the Little Rock Department of Planning and Zoning an affidavit regarding the mailing of notice of public hearing in connection with the above - referenced PCD rezoning application. I ask that you please mark the enclosed affidavit as filed as soon as it is received. Thank you for your attention to this matter. Please do not hesitate to contact me should you have any questions. Sincerely, /Joshua %BHite Enclosure 4841-1716-5844.1 AFFIDAVIT OF MAILING STATE OF ARKANSAS COUNTY OF WASHINGTON Before the undersigned Notary Public, duly qualified and acting in and for this county and state, appeared Joshua B. Hite of Kutak Rock LLP, to me well known to be the affiant herein, who stated the following under oath after being duly sworn: 1. My name is Joshua B. Hite, I am over eighteen (18) years of age, and I am a resident of Washington County, Arkansas. 2. Joshua B. Hite of Kutak Rock LLP is attorney for and the authorize representative of Wal-Mart Real Estate Business Trust ("Applicant"). I am authorized to submit this Affidavit on behalf of Applicant. The events set forth herein are stated from my personal knowledge or from the records that Applicant maintains in the course of its regular business activity. 3. I have reviewed true and correct copies of the documents referenced in this Affidavit, and such documents represent true and correct reproductions of the facts upon which the statements made herein are based. 4. On June 18, 2013, Applicant caused to be mailed by certified mail, return receipt requested, the Notice of Public Hearing advising of the public hearing to be held on July 11, 2013, a true and correct copy of which is attached hereto as Exhibit "A", which is incorporated herein by reference, to all record owners of property within 200 feet of the property subject to the rezoning application filed by Applicant (the "Subject Property"). 5. Attached hereto as Exhibit `B", which is incorporated herein by reference, are true and correct copies of the Certified Mail Receipts and Return Receipts evidencing receipt of 4843-8160-3604.1 the Notice of Public Hearing by all record owners of property within 200 feet of the Subject Property. 6. The list of all record owners of property within 200 feet of the Subject Property was prepared pursuant to a certified property search conducted by Waco Title. A true and correct copy of such certified property search is attached hereto as Exhibit "C", which is incorporated herein by reference. 7. I have read this Affidavit and it is accurate and complete in all respects. 8. I state under penalty of perjury under the laws of Arkansas that the foregoing is true and correct. FURTHER AFFIANT SAYETH NOT. In witness whereof, I hereunto set my hand this 3`d day of July. Kutak Rock LLP Joshua . Hite Subscribed and sworn to before me, a Notary Public, this 3`d day of July, 2013. My Commission Expires: =M2 WASKNGTON COUNTY NTMyC leg juno 19. 2019 4843-8160-3604.1 2 1 Notary Public lfpzd,doc EXHIBIT A NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT 03/01/10 To ALL owners of land lying within 200 feet of the boundary of the property located at: Lot C, Shackleford Crossing Subdivision, Little Rock, AR (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) 2700 S. Shackleford Road, Little Rock, AR (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: Wal-Mart Real Estate Business Trust (NAME OF OWNER) 2001 S.E. 10th Street, Bentonville, AR _ (ADDRESS Of OWNER) Number of proposed lots: 1 ; Proposed use of property: retail with outdoor sales and storage NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development (PZD) on the above property, requesting a change of zoning classification from FCD District to Revised PCD District, has been filed with the Department of Planning and Development. A public hearing to consider the requested change in zoning classification and to review the proposed site development plan will be held by the Little Rock Planning Commission on duly 11, 2013 at 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, or any party in interest may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, located at 723 W. Markham St., phone, 371-4790, to review and discuss the application intormation with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. A TX TTI A X7Tm (Domestic Mall C "' Fordefhreryinform; nj zr ,dSl1 fL Postage $ r f0 r%- r1J Cerfifled Fee 0 Return Recelg[ Fee I.I)Z Vre C3 (Endorsement Required) a S S He M Reatrktad Delivery Fee (FldarSemeni Flequlaed) r J Total Postage & Fees < < �tiY ,NoAL rU Senf ro ri Womens Division Board of Mission slraef, tCN, 2000 Aldersgate Road or PO Box N� oily, siak 2 Little Rock, . 33 Form MOD, August 2006 See Reverse fc e Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ❑ Agent ■ Print your name and address on the reverse Addressee so that -we can return the card to you. B. Rec-W ( Printed N ) C. Zte at De ■ Attach this card to the back of the mailpiece, 17 or on the front if space permits. D. Is delivery address d'rffererrt from Item 11 CI lies 1. Article Addressed to: If YES, enter delivery address below: ❑ No Womens Division Board of Mission 2000 Aldersgate Road Little Rock, Arkansas 72205 3, Service Type CertlffBd Mao :: ❑ Express Mail Registered jK Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 2 210 0002 7742 8845 (Transfer from service labeg PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT 8 (Domestic Mail C "' For delivery Inform IL I j+.- Postage $ Certlfled Fee 3 ! ��°� rU �� Postmark' O Return Receipt Fee a Here O (Endorsement Required) !r C3 Resrrioted Delivery Fee (Endorsement Required) / ! �r . 1-3 r U Total Postage & Fees 4 t 7"I A'-' L ru Sento �Shackleford Crossing Properties, LLC --- 0 orreef;Apr.-n 209 Deuville Place r3 or PO Box Ni siaia z Little Rock, Arkansas 72223 :0r August 2006 See Reverse for Instructions a Complete items 1, 2, and 3. Also complete Jtem 4 If Restricted Delivery Is desired. r Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Shackleford Crossing Properties, LLC .209 Deuville Place LitY]&Rock, Arkansas 72223 A Slgnatyre% X ��"/ p Agerrt I ❑ Addressee B. Rece , (134rded Name)f . Date of Delivery (L 0. I�defivery "from ftem 1? ❑ Yes N YPS, enter-iellvery a4tiress below: ❑ No LP u� I Service lyes O.Cert W" ❑ Express Mall ❑ Registered OfRelum,FWdptforMerchandlsa ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Prba Fee) ❑ Yes 2. Article Number mransfer.lmm service later ?012 2 210 0002 7742 8821 PS Form 3811, February 2004 Domestic Retum Receipt 102595 M-M-ts4o 1 ■ Complete items 1, 2, and 3. Also complete Item 4 If Restrfated Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or orghe front if space permits. 1. Article Addressed to: GDR Partners, LLC 7 Gravelle Drive Little Rock, Arkansas 72223 A. SI afore l C3 Agent X ZD Addressee i i3. ed by ( P C. Date of Delivery D. isdavhry addrW different from Item 1? 13 yes If YES, enter delivery address below: ❑ No 3. Service Type )Lcw fieri Mail, ❑ Express Mall ❑ Registered 0 Retum Reaelpt for -Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? P(Va Fee) ❑ yes 2. Article Numb7012 2210 0002 7742 8838 iT2nsrer from rorrr serve fabe>7 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 I CO '' CO m ni Postage $ y(p lti ru Certified Fee 3 • �� C3 C3 Retum Reteipl FBB (Endorsement Required) �y Postmark 0/ Here �cAyn y C3 Restricted oeNi ary Fee - m t E:3 (Endorsement Required) a ri rL Total Postage &Fees it Pte,. 2 ru ru $8fli r4 p 5'lreel, Apf. GDR Partners LLC r` °�POBox 7 Gravelle Drive cry'sieie; Little Rock, Arkansas 72223 ■ Complete items 1, 2, and 3. Also complete Item 4 If Restrfated Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or orghe front if space permits. 1. Article Addressed to: GDR Partners, LLC 7 Gravelle Drive Little Rock, Arkansas 72223 A. SI afore l C3 Agent X ZD Addressee i i3. ed by ( P C. Date of Delivery D. isdavhry addrW different from Item 1? 13 yes If YES, enter delivery address below: ❑ No 3. Service Type )Lcw fieri Mail, ❑ Express Mall ❑ Registered 0 Retum Reaelpt for -Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? P(Va Fee) ❑ yes 2. Article Numb7012 2210 0002 7742 8838 iT2nsrer from rorrr serve fabe>7 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ra CD co ru C� Postage $ 6 `� f) ' Certified Fee ru Postmark C3 Return Receipt Fee,56 Here C3 (Endorsement Required} i a O Restriciad ❑silvery Fee '4•s. (Endorsement cRIR av O r o � rl � C rL Total Postage &Fees v+ fll F United States Beef Corporation ru c/o John R. Savage P.O. Box 22845 Oklahoma City, Oklahoma 73123 ■ Complete items 1, 2, and 3. Also compiete item 4 0 Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can Tatum the card to you. ■ Attach this card to the back of the mailpiece, or on the from if space permits. 1. Article Addressed to: United States Beef Corporation c/o John R. Savage P.O. Box 22845 Oklahoma City, Oklahoma 73123 2. Article Number (Transfar from service fabeQ PS Form 3811, February 2004 X 13 Agent rued Y (Rd ) O. Date of Delivery D. is delivery addre�SdiffaMrrt frcm imm 1? ❑ Yes If YFS, eater delivery addrg" WOW' ❑ No e 3.. ServlceTM, 0~ &W-, 0 Expo Mall Registered XRBtlJtrr Receipt forMtrrr�f�d 0 Insured Mall 0 C.O:D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7012 2210 0002 7742 8814 Domestic Return Receipt 102595-02-M-1540 f ru I (�- Postage $ L �� Certified Fee ru � Poslmar� � 0 Return Receipt Fee SS " Here C3 (Endorsement Required) 1 0+ O ResfRcied Delivery Fee r3 (Endorsement Required) r ti AS rLi Total Postage & Fees $ ( /1 r1 -i V ti senr To Shackleford Crossing Investors LLC r -q , ; Ap"r.'aYs c/o Three Galleria Tower — Inc. orPoBox ------ 13155 Noel Rd STE 500 cry"seia,"zrf Dallas, TX 75240 lam ■ Complete items 1, 2, and 3, Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: ShacklefordCrossing Investors LLC c/o Three Galleria Tower — Inc. 13135 Noel Rd STE 500 Dallas, TX 75240 A. Sfg ire r X B. Received H m D. Is delivery add d from item 17 If YES, enter delivery address below: o Agent 17 Addressee itefof Delivery © Yes ❑ No 3, Service Type OX,artrhad MMI El Express Mall ❑ Registered `� Return Receipt for Merchandlw9 l 0 insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number 7 012 2 210 0002 7742 8791 (Transfer Som service /abed --- - I PS Form 3811, February 2004 Domestic Return Recelpt 102595-0BM-1540 U.S. POS Service 'CERTIFIED MAIL,, RECEIPT (Domestic!NallOnly; No Insurance Coverage-Prdvlc For dollvery Information visit our website at www.usps.con ru I (�- Postage $ L �� Certified Fee ru � Poslmar� � 0 Return Receipt Fee SS " Here C3 (Endorsement Required) 1 0+ O ResfRcied Delivery Fee r3 (Endorsement Required) r ti AS rLi Total Postage & Fees $ ( /1 r1 -i V ti senr To Shackleford Crossing Investors LLC r -q , ; Ap"r.'aYs c/o Three Galleria Tower — Inc. orPoBox ------ 13155 Noel Rd STE 500 cry"seia,"zrf Dallas, TX 75240 lam ■ Complete items 1, 2, and 3, Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: ShacklefordCrossing Investors LLC c/o Three Galleria Tower — Inc. 13135 Noel Rd STE 500 Dallas, TX 75240 A. Sfg ire r X B. Received H m D. Is delivery add d from item 17 If YES, enter delivery address below: o Agent 17 Addressee itefof Delivery © Yes ❑ No 3, Service Type OX,artrhad MMI El Express Mall ❑ Registered `� Return Receipt for Merchandlw9 l 0 insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number 7 012 2 210 0002 7742 8791 (Transfer Som service /abed --- - I PS Form 3811, February 2004 Domestic Return Recelpt 102595-0BM-1540 Postal CERTIFIED MAIL, RECEIPT C3 `' C Iv r%- Postage $ /� J r% -V ULA . Certified Fee 3 • t7 %;� ru O ,- Return Receipt Fee SSC Postmark C3 (EndorsementRequireo) p� Here 1 C3 f Restrict ❑61;vpry Fee ? t7 (Endorse men[ Required) {� •. ru Total Postage & Fees C' t ru u— o TPLR Partners LLC/Zero Business t` or POBox A 4320 Industrial Drive City Sfare, Fort Smith, Arkansas 72916 ■ Complete items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this cans to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: 'IPLR Partners LLC/Zero Business 4320 Industrial Drive Fort Smith, Arkansas 72916 a -- ❑Agent 1 ❑ Addressee 8. ge ived byVPqnrtd Name) Cj I C. Date of Delivery D. Is delivery dddre-4ifferent from ern 12 ❑ Yes If YES, enter delivery add re ow: ❑ No 3. Servlce Type )<Gw fiad Man ❑ Express Maii ❑ Registered IgRetum Recelpt for M60efiandlss ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (rransrer from serWce label) 7 012 2 210 0002 7742 8807 PS Form 3811, February 2004 Domestic Return Receipt- 102595-02-M-1540 EXHIBIT co WACO O TITLE 11300 Cantrell Road, Suite 105 Little Rock, AR 72212 Phone: 501-716-6100 Fax: 501-716-6101 SPECIAL CERTIFICATE File #: 1300675-969 For the use and benefit of: Kutak Rock LLP Attn: Stuart L-Iindmarsh STATE OF ARKANSAS COUNTY OF Pulaski) We the undersigned, being all employee of WACO "Title Company, do hereby certify that we have made due and diligent search of the Records in the Assessors Office within and for Pulaski County, Arkansas, and find the adjacent owners and addresses within 200 feet as shown in Exhibit A. IN -SO -FAR as the same affects the following described property, to -wit: Lot C, Shackleford Crossings Addition to the City of Little Rock, Pulaski County, Arkansas. DATED May 30, 2013 Countersigned WACO Title Company Teresa V. Smith, Authorized Signatory Signing Ag ent No.: 325226 Title Agency No.: 321797 ***** DISCLAIMER ***** This certificate is not certified as to the validity of the title to the above described lands, but rather certifies as to the correctness of the matters of record pertaining to the title to said lands during the period covered by said search. The above certificate is issued solely for the use and benefit of the party set forth above, who agrees that the liability for this certificate shall be expressly limited to the amount paid to WACO Title Company for this special certificate. EXHIBIT "A" PARCEL # 44LO781800500 OWNERSHIP INFO: SIIACKLEFORD CROSSINGS INVESTORS LLC 2608 S. SHACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: SHACKLEFORD CROSSINGS INVESTORS LLC C/O THREE GALLERIA TOWER -INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL #44LO781800600 OWNERS HIP INFO: SI-IACKLEFORD CROSSINGS INVESTORS LLC S. SHACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: SHACKLEFORD CROSSINGS INVESTORS LLC C/O THREE GALLERIA "TOWER -INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL #44L0781800701 OWNERSIIIP INFO: SHACKLEFORD CROSSINGS INVESTORS LLC 2628 S. SI-IACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: SHACKLEFORD CROSSINGS INVESTORS LLC C/O THREE GALLERIA TOWER -INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL #44L0781800900 OWNERSI--IIP INFO: SHACKLF,FORD CROSSINGS INVESTORS LLC S. SHACKLEFORD ROAD WT_Report-Ownership LITTLE ROCK, AR BILLING INFO: SHACKLEFORD CROSSINGS INVESTORS LLC C/O THREE GALLERIA TOWER -INC 13155 NOEL, RD STE 500 DALLAS, TX 75240 PARCEL 444LO781801400 OWNERSHIP INFO: SIIACKLEFORD CROSSINGS INVESTORS LLC S. SIIACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: SI-IACKLEFORD CROSSINGS INVESTORS LLC C/O THREE GAL,L-FRIA 'T'OWER-INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL 444LO781801500 OWNERSHIP INFO: SHACKLEFORD CROSSINGS INVESTORS LLC S. SHACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: SHACKLEFORD CROSSINGS INVESTORS LLC C/O THREE GALLERIA TOWER -INC 13155 NOEL RD STE 500 DALLAS, TX 75240 PARCEL #44L0781801300 OWNERSHIP INFO: TPLR PARTNERS LLC / ZERO BUSINESS 12 CROSSINGS CT LITTLE ROCK, AR BILLING INFO: TPLR PARTNERS LLC / ZERO BUSINESS 4320 INDURSTRIAL DR 72916 (NO CITY OR STATE LISTED) PARCEL #44L078I800800 OWNERSHIP INFO: UNITED STATES BEEF CORPORATION 2704 S. SHACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: UNITED STATES BEEF CORPORATION C/O JOHN R. SAVAGE P.O. BOX 22845 WT Report -Ownership OKLAHOMA CITY, OK 73123 PARCEL #44L0781801000 OWNERSHIP INFO: SHACKLEFORD CROSSING PROPERTIES, LLC S. SHACKLEFORD ROAD ITTLE ROCK, AR BILLING INFO: SHACKLEFORD CROSSING PROPERTIES, LLC 209 DEUVILLE PLACE LITTLE ROCK, AR 72223 PARCEL #44L0781800700 OWNERSHIP INFO: GDR PARTNERS, LLC 2702 S. SHACKLEFORD ROAD LITTLE ROCK, AR BILLING INFO: GDR PARTNERS, LLC 7 GRAVELLE DRIVE LITTLE ROCK, AR 72223 PARCEL #44L0800004300 OWNERSHIP INFO: WOMENS DIVISION BOARD OF MISSION 2000 ALDERSGATE ROAD LITTLE ROCK, AR 72205 BILLING INFO: WOMENS DIVISION BOARD OF MISSION 2000 ALDERSGATE ROAD LITTLE ROCK, AR 72205 WT_Report-Ownership 03/01/10 lfpadoo APPLICATION FOR PLANNED ZONING DEVELOPMENT - LONG FORM CASE FILE NO, 7, 0 a-3 pz,A� COMMISSION MEETING DOCKETED FOR at p.m. Application is hereby made to the Board of Directors of Little Rock, Arkansas through 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 classification of the following described area as a Long Form Planned Dcvolopment. Legal Description. Lot C, Shackelford Crossing Subdivision, Little Rock, Arkansas Title to thisi? PAY ro is vested in: Wal-Mart Real Estate Business Trust If an individual other than the title holder files this applicstioa, 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 be amended and that this area be amended and that this area be reclassified from the present PCD District to Revised PCD District. present Use of Property' Uses in PCD Z -4923-C (primarily retail) Uses iri PCD Z -4923-C with addition of outdoor sales and storage as shown on Desired Use Df Property. attacrieZI site Plan It is understood that notice of the public hearing hereon before the Little Rock Pis nning Camrreission will be published at least fifteen (15) days prior to said hearing in a daily nwvspaper as r, ui re by eAct 186 of the 1957 Acts of Arkansas and Section 23 of said ordinance, to all other parties ,pn interest, nary teeming bcfarc the Commission must be circulated by PF including owners of land within 2DO feet of the boundary of the am under consideration as required by the rules of the Commission, and tleat the cost of these notices shall be bo QD 1bS. t 1 a2Street,pl icant Bentonville Wal-Mart Real Estate Business Trust* AR 72716 (OWNER) �1- lh 64M LN r MAIL ADDRES& or (AGENT) HOME PHONE: BUSINESS PHONE: 479-204-1349 * By: London K p, Realty snag ---- E: P,C. APPROVED: � n Li FI>~.ING FE 11 ii U�0L) lfpzd.doc INFORMATION SHEET FOR SUBDIVISION PZD's, ZONING OR SUBDIVISION §ITE PLAN REVIEWS ITEM NO. DATE FILE NO. - NAME: Amendment to Shackelford Crossing PCD (Z -4923-C) (Lot C) 03/01/10 LOCATION: Shackelford Crossing Subdivision. Lot C (Walmart store tract), 2700 S. Shackelford DEVELOPER: Wal-Mart Real Estate Business Trust c/o Kutak Rock LLP, Attn: Stuart C. Hindmarsh STREET ADDRESS 234 E. Millsap Road, Suites 400 CITY/STATE/ZIP Fayetteville, Arkansas 72703 TELEPHONE NO. ENGINEER:. N/A STREET ADDRESS CITYISTATE/ZIP TELEPHONE NO. AREA Lot C:- 22.95 acres (±/-) FT. NEW STREET ZONING PLANNING DISTRICT VARIANCES REQUESTED l.) None 2.) 3.) 4.) NUMBER OF LATS Addition of outdoor sales PROPOSED USES and storage CENSUS TRACT lfpzd.doc authorize Kutak Rock LLP Rezoning/Zoning Amendment 03/01/10 AFFIDAVIT m certify by my signature below that I hereby to act as my agent regarding the of the below described property, Property described as : Lot 3, Shackleford Crossing Subdivision, Little Rock, Arkansas V1,1-MKj. Re4 l Cit. e D A0,..Ls f TNs� - S' a re of Title ld Date 5.31.13 Subscribed and sworn to me, a Notary Public on this )/S+ day of X013 My Commission Expires: - ��Cr �n�a 7�3BBO��i a U 4W U) p118�� rQ • P Notary Public May 31, 2013 VIA FEDEX City of Little Rock Department of Planning & Development 723 W. Markham Little rock, AR 72201 Re: Permit for outdoor sales and storage at Wal-Mart Store #126, 2700 S. Shackelford, Little Rock, Arkansas Dear Sir or Madam: Our firm represents Wal-Mart Stores, Inc. and its affiliates, including Wal-Mart Real Estate Business Trust, the owner of the above -captioned property (the "Property"). Wal-Mart currently operates a Wal-Mart SuperCenter at the Property. On April 4, 2013, Wal-Mart received a letter from Ms. Alice Chalk, Zoning Enforcement Officer. In her letter, Ms. Chalk indicated that certain outdoor sales were not permitted under the approved PCD of which the Property is a part. Ms. Chalk directed Wal-Mart to remove such outdoor items or to contact Ms. Donna James, Subdivision Administrator, to begin the process of seeking approval for outdoor sales. Any violation that may have occurred was not intentional, and as you likely know, Wal- Mart makes great efforts to comply with all applicable governmental requirements and regulations and strives to be a good corporate citizen. As directed by Ms. Chalk's letter, Wal- Mart has removed the items in question and desires to obtain approval for outdoor sales and storage. Accordingly, Wal-Mart is submitting its Application For Planned Zoning Development — Long Form (the "Application") to obtain approval for outside sales and storage of goods and merchandise. As noted above, we understand that the Property is already part of an approved PCD, and the purpose of the Application is to add outdoor sales and storage to the existing uses and other items already approved in connection with such PCD. This letter and the other enclosures referenced below are intended to be and are hereby incorporated into the Application. 4841-5161-0388.1 KUTAK ROCK LLP ATLANTA CHICAGO SUITE 400 DENVER 234 EAST MILLSAP ROAD DES MOINES LITTLE ROCK OFFICE FAYETTEVILLE, ARKANSAS 72703-4099 IRVINE KANSAS CITY SUITE 2000 LITTLE ROCK 479-973-4200 124 WEST CAPITOL AVENUE LOS ANGELES LITTLE ROCK, ARKANSAS 72201-3706 FACSIMILE 479-973-0007 OKLAHOMA CITY 501-975-3000 WWw.kutakrock.com OMAHA PHILADELPHIA RICHMOND SCOTTSDALE WASHINGTON STUART C. HINDMARSH WICHITA Stuart. hind marsh@kutakrock.com (479)973-4200 May 31, 2013 VIA FEDEX City of Little Rock Department of Planning & Development 723 W. Markham Little rock, AR 72201 Re: Permit for outdoor sales and storage at Wal-Mart Store #126, 2700 S. Shackelford, Little Rock, Arkansas Dear Sir or Madam: Our firm represents Wal-Mart Stores, Inc. and its affiliates, including Wal-Mart Real Estate Business Trust, the owner of the above -captioned property (the "Property"). Wal-Mart currently operates a Wal-Mart SuperCenter at the Property. On April 4, 2013, Wal-Mart received a letter from Ms. Alice Chalk, Zoning Enforcement Officer. In her letter, Ms. Chalk indicated that certain outdoor sales were not permitted under the approved PCD of which the Property is a part. Ms. Chalk directed Wal-Mart to remove such outdoor items or to contact Ms. Donna James, Subdivision Administrator, to begin the process of seeking approval for outdoor sales. Any violation that may have occurred was not intentional, and as you likely know, Wal- Mart makes great efforts to comply with all applicable governmental requirements and regulations and strives to be a good corporate citizen. As directed by Ms. Chalk's letter, Wal- Mart has removed the items in question and desires to obtain approval for outdoor sales and storage. Accordingly, Wal-Mart is submitting its Application For Planned Zoning Development — Long Form (the "Application") to obtain approval for outside sales and storage of goods and merchandise. As noted above, we understand that the Property is already part of an approved PCD, and the purpose of the Application is to add outdoor sales and storage to the existing uses and other items already approved in connection with such PCD. This letter and the other enclosures referenced below are intended to be and are hereby incorporated into the Application. 4841-5161-0388.1 KUTAK ROCK LLP City of Little Rock May 31, 2013 Page 2 Enclosed with this letter are the following: A. Information Sheet; B. Application For Planned Zoning Development — Long Form; C. Four (4) copies of a site plan showing the proposed outdoor sales and storage areas; D. Affidavit; E. Check for the required filing fee in the amount of $205.00. As noted in the enclosed site plan, Wal-Mart desires to obtain approval for outdoor sales, display, and storage in certain areas of the Property as follows: 1. The area generally located in grid squares G5 and H5 of the site plan ("Area GH5") will be for metal storage containers/trailers. Generally, such containers/trailers measure approximately 40'x10'. Wal-Mart hereby requests approval for year round outdoor storage of goods and merchandise in such containers/trailers in Area GH5 for each year. 2. The area generally located in grid square F5 of the site plan ("Area F5") will be for storage of landscaping goods and merchandise, outdoor living tools, mulch, potting soil, and other outdoor goods and merchandise. Wal-Mart hereby requests approval for outdoor storage of such goods and merchandise in Area F5 each year during the months of February through August. 3. The area generally located in grid squares C5, D5, C6, and D6 of the site plan ("Area CD56") will be for sales and display of bagged lawn goods, landscape decorations, landscaping tools, grills, lawn mowers, and other outdoor merchandise. Wal-Mart hereby requests approval for outdoor sales and display of such goods and merchandise in Area CD56 each year during the months of February through August. 4. The area generally located in grid square E6 of the site plan ("Area E6") will be for seasonal displays featuring plants, deer stands, grills, bicycles, Christmas trees, landscaping tools, decorations, and other outdoor goods and merchandise. Wal-Mart hereby requests approval for year round outdoor display of such goods and merchandise in Area E6 for each year. 4841-5161-0388.1 KUTAK ROCK LLP City of Little Rock May 31, 2013 Page 3 5. The area generally located in grid square E8 of the site plan ("Area E8") and the area generally located in grid square E9 of the site plan {"Area E9") will be for sales and displays featuring griIIs, bicycles, water, pools, charcoal, plants, lawn and patio furniture, and other outdoor goods and merchandise. Wal-Mart hereby requests approval for year round outdoor sales and displays of such goods and merchandise in Area E8 and Area E9 for each year. We request that you place this matter on the July 11, 2013 Planning Commission Agenda. Please note that certain items in the Application were left blank. We understand from speaking with Ms. James that such information is not required for the Application or will be completed by Planning and Development Staff. However, if you need any additional information or have any questions regarding the Application, please feel free to contact me. Your attention to this matter is appreciated. Sincerely, C Stuart C. Hindmarsh Enclosures 4841-5161-0388.1