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Home My WebLink AboutZ-6318-F ApplicationArea Zoning City of Little Rock Planning & Development Case: Z -6318-F Location: 16105 Chenal Parkway Ward: 5 N PD: 18 CT: 42.07 0 200 400 TRS: T1 N R1 4W 1 Feet Land Use Plan City of Little Rock Planning & Development --'A' _ �� tea,. - � • Case: Z -6318-F Location: 16105 Chenal Parkway Ward: 5 N PD: 18 CT: 42.07 0 200 400 TRS: TIN R1 4W 1 Feet Sketch City of Little Rock Planning Case No: Z -6318-F Name: Chenal Market Location: 16105 Chenal Parkway & Development Title: Revised Long -form PCD N A 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cout4ri, 'hrrrrmill, IIIIIII�I111111IIIIIIIIIIII 111111111 111 201023218 PRESENTED: o4-19-201908:52:44AM REC61RDED:04-1&-201908:57:09AM In cial Records of Terri Hollingsworth Circuit/County Cie rk ORDINANCE NO.21�uLA$KI CO. AR FFA $20.00 IRDINANCE TO APPROVE A PLANNED ZONING DEVELOPMENT AND ESTABLISH A PLANNED COMMERCIAL DISTRICT TITLED CHENAL MARKET REVISED LONG -FORM PCD, LOCATED AT 16105 CHENAL PARKWAY (Z -6318-F), LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. Section 1. That the zoning classification of the following described property be changed from PCD, Planned Commercial Development, to Revised PCD, Planned Commercial Development: Z -6318-F: A part of the northeast quarter of the northeast quarter and a part of the southeast quarter of the northeast quarter, Section 1, Township 1 North, Range 14 West, Pulaski County, Arkansas, being more particularly described as follows, to -wit: Beginning at a set iron pin which is north 89 Degrees 41 minutes 24 seconds west, 291.33 feet from the southeast corner of said northeast quarter of said northeast quarter of the northeast quarter and running thence south 57 degrees 14 minutes 51 seconds west, 110.04 feet to a set iron pin; thence north 89 degrees 40 minutes 59 seconds west 243.41 feet to a set iron pin; Thence north 00 degrees 18 minutes 30 seconds east, 381.55 feet to a point; Thence north 89 degrees 37 minutes 32 seconds west, 5.55 feet to a point: Thence north 00 degrees 33 minutes 29 seconds east, 45.34 feet to a set PK nail: Thence south 89 degrees 30 minutes 01 seconds east, 32.57feet to a set PK nail; Thence north 00 degrees 18 minutes 30 seconds east, 435.71 feet to a set 26 chiseled "X"; Thence south 74 degrees 05 minutes 58 seconds east, 321.85 feet to a set 27 iron pin; Thence south 00 degrees 22 minutes 06 seconds west, 378.06 feet to a found 28 PK nail: Thence north 89 degrees 50 minutes 48 seconds west, 40.63 feet to a set 29 chiseled "X"; Thence south 00 degrees 18 minutes 47seconds west, 337.83 feet to a set 30 iron pin; Thence south 89 degrees 41 minutes 24 seconds east, 39.46 feet to the point 31 of beginning. 32 Together with easements as contained in easement, covenant and restriction 33 agreement made as of May 19, 2009, by and between Kroger Limited Partnership I, 34 an Ohio Limited Partnership, and Joe D. Whisenhunt and Margaret Whisenhunt, [Page 1 of 21 I 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 35 husband and wife, recorded May 22, 2009, as Instrument No. 2009034287, records of 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 Chenal Market Revised Long - Form PCD, located at 16105 Chenal Parkway (Z -6318-F), is conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. Section 4. That this ordinance shall not take effect and be in full force until the final plan approval. Section 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and Designated District Map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. 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: April 16, 2019 . &z4-\ 1� APPROVED: City Clerk 3 TO LEGAL FORM: :7-14 4A4 -f --V Thomas M. Carpenter, City Atto ey // // // // // // // // 6'�'2 Frank Scott, Jr., ayor [Page 2 of 21 Area Zoning City of Little Rock Planning & Development Case: Z -631 8-F Location: 16105 Chenal Parkway Ward: 5 N PD: 18 CT 42.07 o zoo 400 TRS: TIN R14W 1 Feet Land Use Plan City of Little Rock Planning & Development qq Pr mi. ,..m� lamaWlaw� in _ �r�Qx rtw Case: Z -631 8-F Location: 16105 Chenal Parkway Ward: 5 N PD: 18 CT:42.07 0 200 400 TRS: TIN RI 4W 1 Feet Case No: Z -6318-F Name: Chenal Market Location: 16105 Chenal Parkway Title: Revised Long -form PCD N A OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION APRIL 16, 2019 AGENDA Subject Action Required Approved By An Ordinance establishing 40rdinance a Planned Zoning District Resolution titled Chenal Market Approval Revised Long -form PCD, Information Report located at 16,105 Chenal Parkway. (Z -6318-F) Submitted By: Department of Planning and Development Bruce Moore SYNOPSIS The applicant is requesting a revision to the PCD zoning to allow for the division of this 5.72 acre lot into two lots. The existing retail building and most of the parking will remain on one lot. A second lot is proposed to be created in the northern portion of the parking lot. A restaurant with drive through service is proposed to be located on the new lot. Access to the new lot will be via the existing driveways in access easements within the shopping center development. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of the requested Revised PCD. The Planning Commission voted 10 ayes, 0 noes and 1 absent to recommend approval of the request. BACKGROUND The applicant is proposing to subdivide this 5.72 acre lot into two lots. The existing retail building and most of the parking will be on one lot. A proposed new restaurant with drive thru service is to be located on a smaller tot to BACKGROUND CONTINUED be created within the northern portion of the existing parking lot. Access to the new lot will be through the existing internal driveways within the shopping center. No new access to Chenal Parkway is proposed. The proposed restaurant will contain 3,132 square feet. The building will not exceed 22 feet in height. The restaurant site will contain a dual lane drive through with two order boards, merging into a single lane for pick-up. A variance is requested from the requirement to install a sound board opposite the order boards. Staff is supportive if that variance as there is not nearby residential and the site is surrounded by commercial uses. Setbacks from the new property lines for the restaurant building are indicated as 91 feet north, 19 feet east, 42 feet south and 50 feet west. The restaurant will utilize space on the existing shopping center ground mounted sign along Chenal. The applicants are proposing wall signage on all four facades of the building. Staff is supportive of allowing that signage, limited to a maximum coverage of 10% of each fagade. Hours of operation are proposed as 7 days a week, 10:30 a.m. to midnight. All new site lighting will be low-level and directional, shielded downward and into the site. The dumpster is located behind the building and will be screened with a brick finish that matches the brick of the proposed building. The 3,132 square foot restaurant requires 31 parking spaces. There will be 15 spaces actually on the lot. The overall property has a shared parking cross access agreement. That agreement should be indicated in the bill of assurance for the two lots. The overall site contains 224 parking spaces. The restaurant requires 31 and the existing 63,718 square foot retail center requires 187. The applicant submitted a traffic study at staff's request. Staff has reviewed that study and concurs with its findings. Staff recommends approval of the PCD. The Planning Commission reviewed this item at its March 14, 2019 meeting. There were no objectors present. Notice was sent to all owners of properties located within 200 feet of the site and the Parkway Place Neighborhood Association. 0) IRCity of Little Rock Planning Department of Planning and Development Zoning and 723 West Markham street Subdivision Little Rock, Arkansas 72201-1334 Phone: (501) 371.4790 Fax: (501) 399-3435 or 371-6863 Date: March 15 2019 Michael Boggs Tralan Engineering 2916 Wood Street Jonesboro, AR 72404 Re: Chenal Market Revised PCD Dear Mr. Boggs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on March 14, 2019, Approved with conditions. X Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. This item will be forwarded to the Little Rock Board of Directors for final action. You or your representative will need to be present at the Board of Directors meeting to address any questions which may arise. The meeting date has tentatively been set for April 16, 2019. 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 questions, please do not hesitate to contact me at 371-6817 or at dcarney_@littlerock.gov. Respectfully, QAC Dana Carney CJ -- Zoning and Subdivision Manager DC/aa lfpzd.doc APPLICATION FOR PLANNED ZONING DEVELOPMENT - LONG FORM CASE FILE NO. Z- J I b 03/01/10 PLANNING COMMISSION MEETING DOCKETED FOR March 14.2019 at 4:00 p.m. Application is hereby trade 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 Development. Legal Description: trached ee r le al Description. Title to this property is vested in: I•laa -Brown Development. LLC 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 be amended and that this area be amended and that this area be reclassified from the present PCD District to Bevised PCD District. Present Use of Property: Parking Lot Desired Use of Property: ProposeO Restaurant It is understood 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 parties to interest, including owners of land within 200 feet of the boundary of the area under Consideration as required by the rules of the Commission, and that the cost of these notices shall be borne by the applicant. (OWNER) t MAIL ADDRESS: 2221 Hill Park Cv, Jonesboro, AR 72401 or (AGENT) HOME PHONE: BUSINESS PHONE: 870-336-8000 FILING FEE: P.C. PPROVED: Zd( Collectors P.C. DENIED: $ paid stamp BD. OF DIR.KP OVED• W1L 14__� here ORDINANCE 99 ' , &Kowcow 6q==1 Signature of Secretary of Commissi Authorized Agent Legal Description for 16105 Chgaj Parkwa A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 1, TOWNSHIP 1 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET IRON PIN WHICH IS N89°41'24"W 291.33 FT. FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING THENCE 557'14'51"W 110.04 FT. TO A SET IRON PIN, THENCE N89°40'59"W 243.41 FT. TO A SET IRON PIN, THENCE NOO°18'30"E 381.55 FT. TO A POINT,THENCE N89`37'32"W 5.55 FT. TO A POINT, THENCE N00°33'29"E 45.34 FT. TO A SET PK NAIL, THENCE S89°30'01"E 32.57 FT. TO A SET PK NAIL, THENCE N00'18'30"E 435.71 FT. TO A CHISELED "X", THENCE S74°05'58"E 321.85 FT. TO A SET IRON PIN, THENCE S00°22'06"W 378.06 FT. TO A FOUND PK NAIL, THENCE N89°50'48"W 40.63 FT. TO A SET CHISELED "X", THENCE 500°18'47"W 337.83 FT. TO A SET IRON PIN, THENCE S89°41'24"E 39.46 FT. TO THE POINT OF BEGINNING, CONTAINING 5.72 ACRES MORE OR LESS, SUBJECTTO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. c� �rm�. lfpzd.doc STREET RIGHT-OF-WAY AGREEMENT CASE NO. Z- LOCATION/ADDRESS, 1bI05 Chena] Farkwav DATE 02/0 t /2019 03/01/10 DOCKETED FOR MEETING ON March 14.2019 I, GSE G� , do hereby agre sa ee 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, agreef ' agre to provide at my expense an easement deed and/or other documents as necessary conveying suc ght-of-way to the public. APPLICANTIOWNER BATF: (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.doc I. Greg Haag 03/01/10 AFFIDAVIT certify by my signature below that I hereby authorize Tralan Engineerine. Inc. to act as my agent regarding the Site Plan Review Process of the below described property. Property described as : 16195 Chenal Parkway 1r �- Siof Tit older Subscribed and sworn to me, a Notary Public on this r e. My Commission Expires: 10.5- Z 2 Date 2/1/19 y of Notary Public PATGN WASHINGTON Notary Public - State of Arkansas Craighead County Comm. # 126991321'x. October 5, 2026 lfpzd.doc INFORMATION SHEET FOR SUBDIVISION PZD's, ZONING OR SUBDIVISION ITE PLAN REVIEWS ITEM NO. DATE 02/14/2019 FILE NO. NAME: Proposed Restaurant Development LOCATION: 16105 Chenal Parkway DEVELOPER: Haag -Brown Development. LI.,C STREET ADDRESS 2221 Hill Park Cove CITY/STATE/ZIP J-o-ncsboro, AR 72401 TELEPHONE NO. 874-336-8000 ENGINEER: Tralan Engineering. Inc STREET ADDRESS 2916 Wood Street CITY/STATE/ZIP Jonesbgro. AR 72404 TELEPHONE NO. (970) 203-9939 AREA FT. NEW STREET N/A NUMBER OF LOTS 03/01/10 ZONING PCD PROPOSED USES Commercial PLANNING DISTRICT EllisMountain CENSUS TRACT VARIANCES REQUESTED 1.) Additional signage on the building. 2.) Wavier for sound boards at drive through order boards. 3.) 4.) =ENGINEERING February 1, 2019 Mr. Dana Carney Zoning and Subdivision Manager Department of Planning and Development City of Little Rock 723 West Markham St Little Rock, AR 72201-1334 RE: Proposed Restaurant Site 16105 Chenal Parkway Little Rock, Arkansas Dear Mr. Carney, Tralan Engineering Inc. 2916 Wood Street Jonesboro, AR 72404 Phone: 1-870-203-9939 Web: www.traianeng.com Email: mb2as@tralaneng.com On behalf of Haag Brown Development, LLC we are requesting a revision to the current PCD zoning of the property located at 16105 Chenal Parkway. This revision would allow the owner to split the existing 5.72 lot into two lots to create an area to build a proposed restaurant with a drive through service. This proposed project will utilize the existing shared parking agreement for this lot. During the review of this project the owner would like to request a variance for the signage on the building. The owner would also like to request a wavier to the sound boards required at the order menu boards. We do not feel that they are needed at this location. Please find with this submittal the following: 1. Eighteen (18) copies of the proposed Site Plan 2. Three (3) copies of a recent ALTA survey for the property. 3. A copy of the Easement Covenant and Restriction agreement. 4. A complete PZD long Application. If you have any questions or concerns please let me know. Sincerely, Michael Boggs, PE Project Engineer mENGINEERING February 5, 2019 Mr. Dana Carney Zoning and Subdivision Manager Department of Planning and Development City of Little Rock 723 West Markham St Little Rock, AR 72201-1334 RE: Proposed Restaurant Site 16105 Chenal Parkway Little Rock, Arkansas Dear Mr. Carney, Enclosed is the filling fee for the above referenced project. If you have any questions or concerns please let me know. Sincerely, Michael Boggs, PE Project Engineer Tralan Engineering Inc. 2916 Wood Street Jonesboro, AR 72404 Phone: 1-870-203-9939 Web: www.tralane n .com Email: mho s tralanen .com 2009034287 Received: 5/22/2009 2:35:53 PM Recorded: 05/22/2009 03:03:32 PM Filed & Recorded in Official Records of PAT O'BRIEN, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $145.00 RC. Piease return documents to: LENDERS TITLE CO. _ P.C. Box 13701 b =-pry Maurnelie, AR 72113 p�OD5 This instrument prepared by, .." and after recording return to: The Kroger Co. - Law Department 1014 Vine Street Cincinnati, OH 45202 EASEMENT, COVENANT AND RESTRICTION AGREEMENT THIS EASEMENT COVENANT AND RESTRICTION AGREEMENT ("Agreement") is made as of the 4-4- day of May, 2009, by and between Kroger Limited Partnership I, an Ohio limited partnership ("Kroger"), and Joe D. Whisenhunt and Margaret H. Whisenhunt, husband and wife ("Developer"). WITNESSETH: THAT, WHEREAS, Kroger is the owner of certain real property ("Parcel I") described on Exhibit "A," attached hereto and made a part hereof; and, WHEREAS, Kroger currently operates an existing storeroom ("Existing Kroger Storeroom") on Parcel I, and may, but shall not be obligated, construct a new Kroger storeroom ("New Kroger Storeroom") on Parcel I; and, WHEREAS, Developer is the owner of certain real property ("Parcel II," "Outlot 1," "Outlot 2" and "Outlot 3") described on Exhibit "B," attached hereto and made a part hereof, lying contiguous with or adjoining Parcel I, said Outlot 1, Outlot 2 and Outlot 3 being collectively referred to as "Outlots;" and, WHEREAS, Parcel I, Parcel II, Outlot 1, Outlot 2 and Outlot 3 are sometimes referred to collectively as the "Parcels" and individually as a "Parcel;" and, WHEREAS, Parcel I, Parcel ll, Outlot 1, Outlot 2 and Outlot 3 are sometimes referred to collectively as the "Shopping Center Parcels" and individually as a "Shopping Center Parcel;" and, WHEREAS, Kroger and Developer desire to enter into this Agreement to provide for the integrated use of the Parcels as a shopping center ("Shopping Center") shown and 2009034287 2 of 27 5/12/09 Y-623 described on the plot plan (the "Plot Plan") attached hereto as Exhibit "C," and hereby made a part hereof; NOW, THEREFORE, in consideration of the premises and the terms and conditions set forth herein, it is agreed: ARTICLE I - EASEMENTS 1.1. Defined Access Easement Across Parcel I. Subject to the terms and conditions set forth herein, Kroger hereby grants and conveys to Developer, their heirs and assigns, for Developer's and their benefit and for the benefit of Developer's and their lessees, employees, agents, customers, members, contractors, licensees and invitees in, to and on Outlot 1 and Outlot 2, a perpetual, non-exclusive, easement of access, appurtenant to Outlot 1 and Outlot 2, over and across that portion of Parcel I ("Easement Area 1") described on EXHIBIT "D," attached hereto and hereby made a part hereof, for the purposes of unobstructed two-way vehicular and pedestrian ingress and egress, free of charge, to and from Outlot 1 and Outlot 2 from and to Kirk Road and Chenal Parkway. Easement Area 1 is shown hatched and labeled "Easement Area 1" on the Plot Plan. 1.2. Floating Access Easements Across Parcel I. Subject to the terms and conditions set forth herein, Kroger hereby grants and conveys to Developer, their heirs and assigns, for Developer's and their benefit and for the benefit of Developer's and their lessees, employees, agents, customers, members, contractors, licensees and invitees in, to and on Parcel II, Outlot 1, Outlot 2 and Outlot 3, a perpetual, non-exclusive, easement of access, appurtenant to Parcel II, Outlot 1, Outlot 2 and Outlot 3, over and across the drives, driveways and sidewalks on Parcel I, other than Easement Area 1, as the same may exist from time to time in the sole discretion of the owner of Parcel I, for the purposes of unobstructed vehicular and pedestrian ingress and egress, free of charge, to and from Parcel II, Outlot 1, Outlot 2 and Outlot 3 from and to Kirk Road, Chenal Parkway and Kanis Road; provided, nothing herein shall prevent the owner of Parcel I, its lessees, employees, agents, customers, members, contractors, licensees and invitees from storing bascarts or selling merchandise on sidewalks or within parking spaces on Parcel I; further provided, nothing herein shall prevent the exclusive use of any receiving area situated on Parcel I by its owner and its lessees, employees, agents, customers, members, contractors, licensees and invitees. 1.3. Defined Access Easement Across Parcel II. Subject to the terms and conditions set forth herein, Developer hereby grants and conveys to Kroger, its successors and assigns, for Kroger's and their benefit and for the benefit of Kroger's and their lessees, employees, agents, customers, members, contractors, licensees and invitees in, to and on Parcel I, a perpetual, non-exclusive, easement of access, appurtenant to Parcel I, over and across that portion of Parcel II ("Easement Area 2") described on EXHIBIT "E," attached hereto and hereby made a part hereof, for the purposes of unobstructed two-way vehicular and pedestrian ingress and egress, free of charge, to and from Parcel I from and to both Kanis Road and Chenal Parkway. Easement Area 2 is shown hatched and labeled "Easement Area 2" on the Plot Plan. 7 L 2009034287 3 of 27 5/12/09 Y-623 1.4. Floatinq Access Easements Across Parcel 11. Subject to the terms and conditions set forth herein, Developer hereby grants and conveys to Kroger, its successors and assigns, for Kroger's and their benefit and for the benefit of Kroger's and their lessees, employees, agents, customers, members, contractors, licensees and invitees in, to and on Parcel I, a perpetual, non-exclusive, easement of access, appurtenant to Parcel I, over and across the drives, driveways and sidewalks on Parcel 11, other than Easement Area 2, as the same may exist from time to time in the sole discretion of the owner of Parcel 11, for the purposes of unobstructed vehicular and pedestrian ingress and egress, free of charge, to and from Parcel I from and to Chenal Parkway and Kanis Road. Nothing herein shall prevent the exclusive use of any receiving area situated on Parcel 11 by its owner and its lessees, employees, agents, customers, members, contractors, licensees and invitees. 1.5. Cross -Parking Easements. Parking on each Parcel is reserved exclusively for the benefit of each such Parcel. Notwithstanding anything to the contrary contained herein, and subject to the terms and conditions set forth herein, Kroger and Developer hereby grant and convey to each other, and unto their heirs, successors and assigns, for Kroger's, Developer's and their benefit and for the benefit of Kroger's, Developer's and their lessees, employees, agents, customers, members, contractors, licensees and invitees in, to and on Parcel I and Parcel II a non-exclusive easement over, across and between Parcel I and Parcel 11 for the purpose of allowing vehicular parking, free of charge, within parking spaces on Parcel I and Parcel II as the same may exist form time to time in the sole discretion of the owner of Parcel I or Parcel 11. Cross parking shall not be permitted between any Outlot and Parcel I and Parcel 11. No easement or license, express or implied, is granted or shall be deemed or construed to be granted by this Agreement for vehicular parking on any Parcel for the benefit of any other Parcel, except as expressly set forth herein, and any such easement or license is expressly denied. 1.6. Utility Easements. Subject to the terms and conditions set forth herein, Kroger and Developer hereby grant and convey to each other, and unto their heirs, successors and assigns, for Kroger's, Developer's and their benefit and for the benefit of Kroger's, Developer's and their lessees, employees, agents and contractors in, to and for the use and benefit of their Parcels in and for the Shopping Center, in favor of the Parcels of the other, perpetual, non-exclusive, easements over and across their respective Parcels to permit the construction, installation, maintenance, repair and use of all apparatus necessary to provide utility services to a Parcel, including, without limitation, water, natural gas, telephone, television cable and all other communication services, provided that the same are constructed, installed, maintained, repaired and used in compliance with all laws, orders, rules and regulations of any governmental or private authority having jurisdiction over same, including without limitation the requirements of any utility companies, and are constructed underground, except for overhead electric lines as set forth under Paragraph 5.8 hereof. The dominant Parcel owner, in order to exercise its easement rights underthis Paragraph, must obtain the servient Parcel owner's approval of the plans and specifications for and the location of the utility facilities that the dominant Parcel owner desires to construct or install on the servient Parcel, which approval shall not be unreasonably withheld, delayed or conditioned. Any disruption or demolition of a servient 3 2009034287 4 of 27 5/12/09 Y-623 Parcel by reason of the use of this easement shall be kept to a minimum and shall not exceed one (1) day in duration except during the period when the Shopping Center is initially constructed, unless such disruption or demolition cannot be reasonably completed within such one (1) day period, in which event the period will be extended to such time period as reasonably is required and such area forthwith shall be restored as quickly as possible by the dominant Parcel owner to its original condition at no expense to the servient Parcel owner. Notwithstanding anything contained herein to the contrary, the location of an easement for a utility line or service, shall, after a particular utility line or service is or has been constructed or installed, be located five feet (5') either side of the centerline of the utility line or service as constructed and no additional easements for already existing utility lines or services servicing a dominant Parcel shall be granted over a servient Parcel. Any Parcel owner shall have the right to relocate any existing utility line or service on its Parcel in order to better utilize their Parcel, provided that such relocation shall be at the expense of the Parcel owner desiring such relocation. 1.7. Drainacie Easements. Subject to the terms and conditions set forth herein, Kroger and Developer hereby grant and convey to each other, and unto their heirs, successors and assigns, for Kroger's, Developer's and their benefit and for the benefit of Kroger's, Developer's and their lessees, employees, agents and contractors in, to and for the use and benefit of their Parcels in and for the Shopping Center, perpetual, non- exclusive, easements over, across and under their respective Parcels for the purpose of allowing, free of charge, the drainage and/or discharge of storm water, including surface water runoff, from the Parcels of the other onto, over, across and under their respective Parcels through the use of the existing storm water drainage system (the "Storm Drainage System") now located on their respective Parcels. The Storm Drainage System includes, but is not limited to, inlets, drains, pipes, culverts, junction boxes, headwalls, flumes, detention ponds, open ditches and all other facilities and apparatus used to drain water from the Shopping Center. No Parcel owner shall take, suffer or cause to be taken any action on its Parcel which would constitute a material change to the Storm Drainage System and the civil engineering drainage plan for the Shopping Center as of the date of this Agreement. Each Parcel owner hereby grants and conveys to the other Parcel owners the non-exclusive right to maintain and repair any portion of the Storm Drainage System located on their respective Parcels. 1.8. Construction and Maintenance Easements. A. Subject to the terms and conditions set forth herein, Developer hereby grants and conveys to Kroger, its successors and assigns, for Kroger's and their benefit and for the benefit of Kroger's and their lessees, employees, agents and contractors in, to and on Parcel I, a perpetual, non-exclusive, easement, free of charge, over and across those portions Outlot 1, Outlot 2 and Parcel II adjoining and lying within twenty-five feet (25') of Parcel I and not occupied by building area, as the same may exist from time to time in the sole discretion of the owner of said Outlot 1, Outlot 2 and Parcel 11, for the purpose of and in order to facilitate the development, construction or maintenance of improvements on Parcel I, including, but not limited to, development, construction or maintenance of parking and driveway areas and all other activities related or incidental to the development, 4 2009034287 5 of 27 5/12/09 Y-623 construction and maintenance of the Shopping Center, provided that the use of this easement shall be kept to a minimum, shall be used only temporarily on different occasions and shall not unreasonably interfere with construction, maintenance, operation, use, occupancy or enjoyment of improvements on Outlot 1, Outlot 2 and Parcel II, and further provided that this easement shall not permit the storage of materials or equipment on Outlot 1, Outlot 2 and Parcel II. B. Subject to the terms and conditions set forth herein, Kroger hereby grants and conveys to Developer, its successors and assigns, for Developer's and their benefit and for the benefit of Developer's and their lessees, employees, agents and contractors in, to and on Outlot 1, Outlot 2 and Parcel II a perpetual, non-exclusive, easement, free of charge, over and across those portions Parcel I adjoining and lying within fifty-five feet (55') of Outlot 1 or Outlot 2, or twenty-five feet of Parcel ll, and not occupied by building area, as the same may exist from time to time in the sole discretion of the owner of said Parcel I, for the purpose of and in order to facilitate the development, construction or maintenance of improvements on Outlot 1, Outlot 2 or Parcel II, including, but not limited to, development, construction or maintenance of parking and driveway areas and all other activities related or incidental to the development, construction and maintenance of the Shopping Center, provided that the use of this easement shall be kept to a minimum, shall be used only temporarily on different occasions and shall not unreasonably interfere with construction, maintenance, operation, use, occupancy or enjoyment of improvements on Parcel I, and further provided that this easement shall not permit the storage of materials or equipment on Parcel I. C. Subject to the terms and conditions set forth herein, Kroger and Developer hereby grant and convey to each other, and unto their heirs, successors and assigns, for Kroger's, Developer's and their benefit and for the benefit of Kroger's, Developer's and their lessees, employees, agents and contractors in, to and for the use and benefit of Parcel I and Parcel II in and for the Shopping Center, a temporary non- exclusive easement, free of charge, over and across the those portions of their respective parcels adjoining and lying within twenty-five feet (25) of a public right-of-way and not occupied by building area, as the same may exist from time to time in the sole discretion of the owners Parcel I and Parcel ll, for the purpose of and in order to facilitate the construction and/or installation of improvements, including, but not limited to, utilities, drainage facilities, streets and all other activities related or incidental to the development and construction of the Shopping Center. This easement shall terminate upon completion of construction and/or installation of all improvements within the public right-of-way adjoining the Shopping Center. ARTICLE II - MAINTENANCE AND UPKEEP OF PARCELS 2.1. Each Parcel owner shall be responsible, at its sole cost and expense, for the repair and upkeep of its Parcel, which repair and upkeep shall be performed in a workmanlike, diligent and efficient manner and shall include: �i 2009034287 6 of 27 5/12/09 Y-623 A. Maintenance of paved surfaces in a level and smooth condition, free of potholes, with the type of material as originally used or a substitute equal in quality; B. Removal of all trash and debris and washing or sweeping as required; C. Removal of snow and ice from paved surfaces and sidewalks; D. Maintenance of appropriate driveway and parking area entrance and exit traffic control devices as are reasonably required to effect the Plot Plan; E. Cleaning of lighting fixtures and relamping as needed; parking lot light poles/standards, and the light fixtures thereon, within the parking areas of Parcel I and Parcel II shall be the same size, height, color and manufacturer's brand, and if same are no longer manufactured, then as nearly the same as reasonably practicable. F. Restriping as required to keep same clearly visible. Unless agreed upon otherwise by the owners of Parcel I and Parcel II, all parking space markings within the Shopping Center shall be striped in or with white marking only, however, the owners of Parcel I and Parcel 11 may in their sole discretion, as it relates to their parcel, may, using blue striping, designate certain areas of their parking field for employee and handicapped parking, and all bases for parking lot light poles shall be painted white only; G. Maintenance of any utility service lines and Storm Drainage System on its Parcel which exclusively provides service to the Shopping Center; H. Mowing, grooming and irrigation of all seeded, sod, grass or ground covered areas and maintenance and replacement of all landscaped areas (including maintenance, repair and replacement of irrigation systems); I. Maintenance and cleaning of that portion of the Storm Drainage System on its Parcel; and J. Maintenance, repair and replacement of enclosures for trash receptacles. All such maintenance, repair and replacement shall be accomplished in a first class manner in accordance with standards pursuant to which other shopping centers of a similar size in the County in which the Shopping Center is located are maintained and repaired. 2.2. Each Parcel owner shall indemnify, defend and save harmless the other Parcel owners, and their respective tenants and licensees, from all claims, liens, damages and expenses, including reasonable attorneys' fees, arising out of any such repair, maintenance and replacement on its respective Parcel. Should a Parcel owner breach any of its obligations under this Article II, any other Parcel owner shall be entitled to enforce the remedies provided in Article VII hereof. C:1 2009034287 7 of 27 5/12/09 Y-623 2.3. Should a Parcel owner breach any of its obligations set forth in this Article II, the other Parcel Owners shall have the right to perform or enforce any of the rights set forth in Article VII hereof, in its of their sole discretion. ARTICLE III — LIABILITY INSURANCE 3.1. The owner of each Parcel shall, at their sole cost and expense, maintain a primary policy of commercial general liability insurance covering their Parcels, including contractual liability coverage, with a combined bodily injury, death and property damage limit of Two Million Dollars ($2,000,000) or more per occurrence. All such insurance policies shall contain a waiver of subrogation against the other Parcel owners. The policy of commercial general liability insurance required in this Paragraph shall cover and name the other Parcel owners as additional insured, each by an additional insured endorsement to such policy and shall be primary to any such insurance carried by the other Parcel owners. Each Parcel owner hereby releases the other Parcel owners from liability for all injuries, damages and expenses, irrespective of cause, covered by the insurance required under this Paragraph. The owner of each Parcel shall provide the other Parcel owners, with a certificate of insurance or self-insurance, which certificate shall provide that the coverage referred to therein shall not be modified, cancelled, reduced or non -renewed without at least thirty (30) days prior written notice to each named insured thereunder. A Parcel owner or its tenant having a net worth of One Hundred Million Dollars ($100,000,000) or more or a market capitalization of One Billion Dollars ($1,000,000,000) or more may self -insure this obligation. A Parcel owner may satisfy the requirements of the immediately preceding sentence by making available on the website(s) of the issuer(s) of such commercial generally liability insurance required by this Paragraph (or, with respect to self-insurance, on a website designated by such Parcel owner or its tenant) a Memorandum of Insurance evidencing such coverage. ARTICLE IV - DAMAGE OR DESTRUCTION 4.1. In the event that any part of a Parcel is destroyed or damaged by fire, casualty or force majeure, the owner of the affected Parcel shall, at its sole cost and expense, forthwith clear and restore such area. 4.2. In the event that any buildings constructed on a Parcel are damaged by fire, casualty or force majeure, the owner thereof shall not be obligated to restore same, provided that such Parcel owner, at its sole cost and expense, shall diligently proceed to raze the damaged structures, remove all debris, and either (i) pave such area for parking in general conformity with the parking layout shown on the Plot Plan, or (ii) place said in area in a grass lawn or other orderly landscaped condition, and in either case of (i) or (ii) install adequate storm drainage and adequate lighting in general conformity with the lighting used in the parking areas of Parcel I and Parcel II. Any area restored in this manner shall be maintained as set forth herein until improved with building improvements. 7 2009034287 8 of 27 5/12/09 Y-623 4.3. In the event that any part of a Parcel is condemned, the owner of the affected Parcel, at its sole cost and expense, forthwith shall restore such area as much as practicable to provide the same approximate configuration, size, location and number of parking lot light poles/standards, driveways, walkways, parking spaces and curb cuts to adjacent roadways existing prior to the condemnation. Any award on account of a condemnation on a Parcel shall first be used in the restoration of same, and any claim to the award made by a Parcel owner or its tenants or licensees hereunder shall be expressly subject and subordinate to its use in such restoration. The term "condemnation" as used herein shall include all conveyances made in anticipation or lieu of an actual taking. Nothing in this Paragraph shall be construed to give any Parcel owner an interest in any award or payment made to another Parcel owner in connection with any exercise of the power of eminent domain or any transfer in lieu thereof affecting said other Parcel owner's Parcel or giving the public or any government any rights in said Parcel. In the event of any exercise of the power of eminent domain or transfer in lieu thereof of any part of a Parcel, the award attributable to the land and improvements of such portion of said Parcel shall be payable only to the owner thereof, and no claim thereon shall be made by the owners of the other Parcels. All other Parcel owners may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken from another Parcel owner. Nothing in this Paragraph shall prevent a tenant from making a claim against a Parcel owner pursuant to the provisions of any lease between such tenant and such Parcel owner for all or a portion of any such award or payment. If there shall be any building improvements located on the condemned area, the owner of said condemned area shall, at its sole cost, risk and expense, and at is option, either restore the remainder of said building as much as practicable out of the same materials used for the original structure or raze the remainder of the condemned structure, remove all debris, and either (i) pave the remaining area so razed for parking in general conformity with the parking layout shown on the Plot Plan, as revised to reflect the removal of the condemned area from the Shopping Center, or (ii) place said area in a grass lawn or other orderly landscaped condition, and in either case of (i) or (ii) install adequate storm water drainage and adequate lighting in general conformity with the lighting used in the parking areas of Parcel I and Parcel 11. Any area restored in this manner shall be maintained as set forth herein until improved with building improvements. 4.4. Notwithstanding the requirements of Paragraphs 4.2 and 4.3 hereof, the Parcel I owner, in its sole and absolute discretion, in lieu of paving or landscaping the building area affected by a casualty or condemnation, may leave the building slab located within such building area in place, provided such building slab is maintained in a safe condition. ARTICLE V - RESTRICTIONS n 2009034287 9 of 27 5/12/09 Y-623 5.1. No portion of the Shopping Center, except for the Existing Kroger Storeroom located on Parcel I, and at such time as a New Kroger Storeroom opens on Parcel I, then only such new building or buildings comprising the New Kroger Storeroom shall be used as a drug store or a business principally devoted to the sale of health and beauty aids, or pharmacy department requiring the services of a registered pharmacist, provided that this restriction shall cease to be in force and effect if the New Kroger Storeroom fails to be used to operate a drug store or pharmacy department for a period of three hundred sixty-five (365) consecutive days or longer subsequent to the opening for business of the New Kroger Storeroom on Parcel I, except when such failure is caused by labor disputes, force majeure (including reconstruction as a result of fire or other casualty) or conditions beyond the control of any occupant of the New Kroger Storeroom located on Parcel I. 5.2. No portion of the Shopping Center, except for the Existing Kroger Storeroom located on Parcel I, and at such time as a New Kroger Storeroom opens on Parcel I, then only the building or buildings comprising the New Kroger Storeroom shall be used as a food store or food department, or for the sale of groceries, meats, fish, produce, dairy products, bakery products, alcoholic beverages, delicatessen or any of them for off -premises consumption, provided that nothing herein shall prevent any occupant of the Shopping Center from selling such products as an incidental part of its business so long as the total number of square feet devoted to the display for the sale of such products does not exceed five percent (5%) of the total square footage of the building area in which such products are sold or five hundred (500) square feet, including, in either case, one-half (1/2) of the aisle space adjacent to any such display area, whichever is smaller, and further provided that this restriction shall cease to be in force and effect if a New Kroger Storeroom fails to be used to conduct a business for the sale of groceries, meats, fish, produce, dairy products, bakery products or any of them, for off -premises consumption, for a period of three hundred sixty-five (365) consecutive days or longer subsequent to the opening for business of the New Kroger Storeroom on Parcel I, except when such failure is caused by labor disputes, force majeure (including reconstruction as a result of a fire or other casualty) or conditions beyond the control of any occupant of the New Kroger Storerrom located on Parcel I. Notwithstanding anything contained herein to the contrary, the following businesses and uses, without any restrictions as to square feet of building area devoted to such businesses and uses, except as set forth in this Paragraph and in Paragraph 5.5 hereof, whether providing food, products or goods for on or off premises consumption, are specifically and expressly permitted within all portions of the Shopping Center: (i) restaurants, with or without drive-through, drive-in or take-out service, including, but not limited to, Panera Bread, St. Louis Bread Company, Atlanta Bread Company, La Baguette, la Madeleine, Perkins Restaurant & Bakery, McAlister's Deli, Subway, Quizno's, Firehouse Subs, Blimpie Subs & Salads, Sonic, Wendy's, Burger King, McDonald's, Pizza Hut, Pizza Inn, Ruth's Chris Steakhouse, Outback Steakhouse, Red Lobster, Corky's Ribs & BBQ, Cross -Eyed Pig Grill, AQ Chicken House, etc., (ii) restaurants that deliver food, including, but not limited to, Domino's Pizza, etc., (iii) ice cream, yogurt or confectionary store or shop uses, including, but not limited to, TCBY, Baskin Robbins, Dairy Queen, Braum's, Shakes, Shakies, Smoothie King, etc., (iv) health food, vitamin and/or herbal store or shop uses not to exceed 2,000 square feet of retail floor space, including, but not limited to, GNC, Hi -Health, etc., (v) coffee store or shop uses, including, but not limited to, 9 2009034287 10 of 27 5/12/09 Y-623 Starbucks Coffee, etc., and (vi) Harry and David, Williams -Sonoma, Walnut Acres and other similar businesses whose income is primarily derived from the sale of items that are branded in the business's, store's or shop's name. Further, notwithstanding anything to the contrary contained herein, the sale of alcoholic beverages shall be permitted by restaurants and bars, including the sale of bottled alcoholic beverages for off -premises consumption. 5.3. No portion of the Shopping Center, except Parcel I, shall be used for the sale of oil, gasoline or any other petroleum product (collectively, "automotive fuel"), provided that this restriction shall cease to be in force and effect if no facility for dispensing or the sale of automotive fuel is operated on Parcel I for a period of three hundred sixty five (365) consecutive days or longer subsequent to March 1, 2020, except when such failure is caused by labor disputes, force majeure (including reconstruction as a result of a fire or other casualty) or conditions beyond the control of any occupant of Parcel I. 5.4. No portion of the Shopping Center, including Parcel I, shall be used for the following uses: (i) any with nude or semi-nude dancing, (ii) any so-called adult or X-rated book store, movie theater or video store, (iii) any so-called "head shop" or business selling, displaying or featuring drug paraphernalia, (iv) any so-called massage parlor and (v) any business which principally features sexually explicit products. Further, no portion of the Shopping Center except Parcel I shall be used as a non -retail business which requires extensive parking, including, without limitation, a disco, nightclub, health spa, theater, bowling alley, bingo parlor or recreational center; provided, however, that health spas, fitness centers or similar uses shall be permitted within the Shopping Center when such uses are located at least two hundred feet (200') from any building on Parcel I in which groceries, meats, fish, produce, dairy products, bakery products or any of them are offered for sale. 5.5. The building improvements on each Parcel shall conform to and be compatible with the general architectural design of the Shopping Center. Each Parcel shall have self supporting parting; and, in the case of restaurant uses on any Outlot, there shall be no less that one (1) parking space per one -hundred square feet (100 sq.ft.) of building area. The building improvements on each Outlot shall: (i) not be more than one (1) story in height; and, (ii) not exceed twenty-eight feet (28') in height from ground to the top of the highest single portion of the building or other improvement measured; provided, however, a parapet, cupola, sign or other structure (but specifically excluding mechanical equipment inclusive of screening) may exceed such height limitation by no more than foul feet (4') if permitted by an applicable governmental body (the building on Outlot 2 being accepted "as -is" as of the date of this Agreement). 5.6, All improvements situated within the Shopping Center shall comply with all applicable laws, codes, rules and regulations. No building improvements (excluding pavement, parking areas, driveways, landscaping, signs and lighting standards) located on Outlot 3 shall be built north of an east to west iine lying twenty-five feet (25') south of the intersection of the south right-of-way line of Chenal Parkway and the west right-of-way line 10 2009034287 11 of 27 5/12/09 Y-623 of Kanis Road on the north line of said Outlot 3, the area lying north of said east to west line being cross -hatched and labeled "No Build Area" on the Plot Plan. 5.7. A. Each Parcel owner shall perform construction on its Parcel so as not to cause any unreasonable increase in the cost of construction on any of the other Parcels, unreasonably interfere with any other construction being performed on any of the other Parcels or unreasonably interfere with the operations conducted on any other Parcel. B. Each Parcel owner agrees that in the event any mechanic's lien or other lien shall be filed against a Parcel other than its own Parcel by reason of work, labor, services or materials supplied to its Parcel or its the request pursuant to any construction on its Parcel or any other Parcel, or supplied to its Parcel at the request of its tenant or licensee pursuant to any construction by said tenant or licensee, it shall discharge the same of record within thirty (30) days after the filing thereof, subject to the provisions of the following sentence. Each Parcel owner shall have the right to contest the validity, amount or applicability of any such liens by appropriate legal proceedings; and, so long as it shall furnish bond or indemnify as hereinafter provided and prosecute such contest in good faith, the requirement that it discharge such liens within said thirty (30) days shall not be applicable; provided, however, that in any event such Parcel owner shall, within thirty (30) days after the icing thereof, bond or indemnify against such liens in an amount and in form satisfactory to induce the title insurance company or companies which insured title to the Parcels subject to such liens to insure over such liens or to reissue and update its existing policy, binder or commitment without showing title exception by reason of such liens, and shall indemnify, defend and save harmless the other Parcel owners from all loss, damage, liability, expense or claim whatsoever (including reasonable attorneys' fees and other costs of defending against the foregoing) resulting from the assertion of any such liens. In the event such legal proceeding shall be finally concluded (so that no further appeal may be taken) adversely to the Parcel owner contesting such liens, such Parcel owner shall, within fifteen (15) days thereafter, cause the liens to be discharged of record. 5.8. All electrical and telephone lines or wires and all other utility lines and wires serving the Shopping Center shall be buried below the surface of the land so that the same shall not be visible, unless the same shall be located south of the southernmost drive(s) or driveway(s) shown on the Plot Plan. 5.9. Except for building structures, including, open and enclosed porches, patios, play areas, canopies, trash/dumpster enclosures/corrals and equipment related thereto (whether attached to or separate from a building), no fence, wall, hedge, shrub, landscape planting or other obstacle which obstructs sight lines at elevations of more than thirty-six inches (36") above adjoining driveways, roadways or parking areas within the sight line of any building on Parcel I viewed from Chenal Parkway shall be placed or permitted to remain on Outlot 1, Outlot 2, Outlot 3 and Parcel 11, except to extent required by law, in which event the owner of Parcel I shall have the right to control, restrict, limit and approve the height, width and foliage line of any such fence, wall, hedge, shrub, landscape planting or other obstacle required to be placed erected or planted not otherwise required or regulated by law. No trees shall be planted on or permitted to remain on Outlot 1, Outlot 2, 11 2009034287 12 of 27 5/12/09 Y-623 Outlot 3 and Parcel 11 within the sight line of any building on Parcel I viewed from Chenal Parkway without the prior written consent of the owner of Parcel I, which consent and approval may be denied in the Parcel I owner's sole discretion, except to extent required by law, in which event the owner of Parcel I shall have the right to control, restrict, limit and approve the height, width and foliage line of any trees required to be planted not otherwise required or regulated by law. Notwithstanding anything to the contrary contained herein, the Owner of Parcel I hereby accepts all fences, walls, hedges, shrubs, landscape plantings, trees and other obstacles which obstruct sight lines at elevations of more than thirty-six inches (36") above adjoining driveways, roadways or parking areas on Outlot 2 and Parcel II as the same exist as of the date of this Agreement. 5.10. All parking lot lighting structures, poles/standards erected on Outlot 1, Outlot 2, Outlot 3 and Parcel II shall be erected by and at the expense of the Parcel owner; shall be erected prior to commencement of business on each such Parcel; and shall be located in such areas and in accordance with such plans and specifications as shall be approved by the owner of Parcel I which approval shall not be unreasonably withheld, denied or delayed. 5.11. No portion of the Shopping Center shall be encumbered by any easement, right-of-way, license or other servitude for the purpose of parking on or vehicular passage across the Shopping Center benefiting property outside of the Shopping Center without the prior written consent of the owners Parcel I and Parcel II. 5.12. Nothing herein shall require the Parcel owners to improve any portion of their respective Parcels with building improvements or to occupy their respective Parcels or to conduct a business on same. 5.13. The remedies for breach of any of the restrictions set forth in this Article shall be cumulative, not exclusive, and shall include injunctive relief. ARTICLE VI - TAXES 6.1. Each Parcel owner shall pay (or cause to be paid) before delinquency all real estate taxes and assessments (herein collectively "Taxes") levied on its Parcel and the improvements situated thereon. 6.2. Each Parcel owner may, at its own cost and expense by appropriate proceeding, contest the validity, applicability and/or the amount of any Taxes. Nothing in this Article shall require a Parcel owner to pay any Taxes so long as it contests the validity, applicability or the amount thereof in good faith and so long as it does not allow the affected Parcel to be forfeited to the imposer of such Taxes as a result of its nonpayment. 6.3. If a Parcel owner fails to comply with this Article, any person having a legal or equitable interest in a Parcel may pay the Taxes in question and shall be entitled to prompt reimbursement from the defaulting Parcel owner for the sums so expended with interest thereon at the rate provided in Paragraph 7.2 hereof. 12 2009034287 13 of 27 5/12/09 ARTICLE VII - DEFAULT off*x 7.1. Except as otherwise expressly set forth in this Agreement, should a Parcel owner breach any of its obligations hereunder and such breach continue for a period of thirty (30) days after its receipt of written notice of such breach, any of the other Parcel owners or any Kroger Entity ("Kroger Entity" means The Kroger Co., an Ohio corporation, any subsidiary or affiliate of The Kroger Co., and their respective successors and assigns) having a legal or equitable interest in a Parcel shall be entitled to cure such breach in addition to all remedies at law or in equity, provided that such party furnished prior written notice of such breach to the other Parcel owners and any Kroger Entity having a legal or equitable interest in a Parcel; and, further provided that no notice is required should such breach (i) create an unreasonable and immediate threat to health or safety that would cause a reasonable Parcel owner or occupant thereof to take immediate action to correct such breach if such owner or occupant had knowledge of same (i.e., an "emergency") or (ii) interfere with the reasonable use of a Parcel. All reasonable expenses incurred by the other Parcel owners to cure the defaulting Parcel owner's uncured breach pursuant to the preceding sentence shall be reimbursed by the defaulting Parcel owner within thirty (30) days after receipt of written evidence confirming the payment of such expenses. 7.2. Any sums remaining unpaid in accordance with Article II or Paragraph 7.1, together with interest calculated at three percent (3%) above the prime rate charged by CitiBank, N.A., New York, New York, or any successor thereto, or at the highest annual interest rate allowed by law, whichever is less, may be secured by a lien on the Parcel of the owner in default and may be perfected in accordance with the laws of the State of Arkansas. 7.3. Any person having a legal or equitable interest in a Parcel shall be a beneficiary of all of the rights, easements, covenants and restrictions set forth herein and shall be entitled to enforce same for so long as such person has a legal or equitable interest in a Parcel. Persons having a legal or equitable interest in a Parcel shall include, but not be limited to, persons having a fee, leasehold or collateral security interest in a Parcel. ARTICLE VIII - MISCELLANEOUS PROVISIONS 8.1. Termination of Agreement. Except as provided below, this Agreement maybe terminated or rescinded only with the approval of all owners of the Parcels, and any Kroger Entity having a legal or equitable interest in a Parcel. 8.2. Further Action. The parties shall, with reasonable promptness, undertake such actions in accordance with this Agreement and applicable law as shall be reasonably necessary and appropriate to carry out and put into effect that which is contemplated herein. 13 2009034287 14 of 27 5/12/09 Y-623 8.3. Developer's Warranty of Priority of Title. Developer represents and warrants to Kroger that it is the owner in fee simple of Parcel ll and the Outlots and has full power and authority to convey the easements herein described, that no consent of any lender orthird party is required in connection with this Agreement as it relates to Parcel II and the Outlots, with the exception of Arvest Bank, lessee of Outlot 2 under that certain Agreement of Sub Ground Lease (the "Lease"), dated February 4,1999, a memorandum of which Lease titled "Memorandum of Agreement of Sub Ground Lease" being recorded in the real estate records of Pulaski County, Arkansas, as instrument no. 99-10758, whose consent and subordination of Lease is attached hereto as Exhibit "F," and that this Agreement as it relates to Parcel II and the Outlots shall have priority of title over all third party agreements or transfers made for the benefit of third parties. 8.4. Kroger's Warranty of Priority of Title. Kroger represents and warrants to Developer that it is the owner in fee simple of Parcel I and has full power and authority to convey the easements herein described, that no consent of any lender or third party is required in connection with this Agreement as it relates to Parcel I, and that this Agreement as it relates to Parcel I shall have priority of title over all third party agreements or transfers made for the benefit of third parties. 8.5. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. The terms 'party' or 'parties' as used herein shall mean the person or persons presently or hereafter holding legal or equitable title to or a leasehold or collateral security interest in any Parcel. 8.6. Duties and Obligations Run With Land. All of the provisions hereof shall run with the land in perpetuity and shall be binding on Developer, Kroger and their respective heirs, successors and assigns in and to the Parcels or a Parcel; provided, however, if any of the provisions of this Agreement shall be unlawful, void or voidable for violation of the Rule Against Perpetuities, then such provisions shall continue only until twenty one (21) years after the death of the survivor of the now -living descendants of her Majesty, Queen Elizabeth II, the Queen of England. 8.7. Discharge of Rights and Duties Upon Transfer. In the event of assignment, transfer or conveyance of the whole of the interest of any Parcel, without such party retaining any interest therein, other than a collateral security interest through a mortgage or deed of trust, the powers, rights, duties, Obligations and interests conferred on and assumed by such party herein shall be deemed assigned, transferred or conveyed to such assignee, transferee or grantee and the duties and obligations of the party so assigning, transferring and conveying such interest shall be discharged. 8.8. No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 14 2009034287 15 of 27 5/12/09 Y-623 8.9. No Public Right Created. Nothing contained herein shall create or be construed to create any gift or dedication to the public or otherwise create any public right or interest in any portion of the Shopping Center. 8.10. Abandonment. The easements granted herein shall not be forfeited or abandoned for non-use. 8.11. No Termination or Forfeiture for Breach. No breach of this Agreement or the failure to pay any amount due pursuant hereto or the failure to perform any duty or obligation hereunder will cause the cancellation, rescission or termination of this Agreement or the forfeiture of any right or interest granted herein. 8.12. Notice. All notices, elections or other communications that may be required, permitted or necessary underthis Agreement shall be in writing and signed by the party, or the party's agent or attorney, giving such notice, election or other communication, and shall be delivered personally or mailed by United States Postal Service registered or certified mail, postage prepaid, return receipt requested, or upon deposit with a nationally recognized overnight delivery service to the other party at the address shown below, or any subsequent address of which proper notice has been given as provided in this provision. Notice shall be effective upon receipt or refusal thereof. Should a Parcel be subdivided by separate ownership, an additional Parcel shall not be deemed established pursuant to this Agreement, the party owning the largest portion of such subdivided Parcel being irrevocably appointed attorney-in-fact for all parties who may own an interest in such subdivided Parcel to receive all notices, elections or other communications and to render all approvals hereunder, which receipt of notices and delivery of approvals shall be binding on all such parties. If to Developer: Joe D. Whisenhunt and Margaret H. Whisenhunt P.O. Box 593 300 North Piney Road Story, WY 82842 and to: Kemp Whisenhunt 1701 Centerview Drive, Suite 102 Little Rock, AR 72211 Fax No.: (501) 687-9401 Email: kemp@whisinvest.com If to Kroger: Kroger Limited Partnership 1 800 Ridge Lake Boulevard Memphis, TN 38016 Attention: Real Estate Department Fax No.: (901) 765-4163 Email: fahmi.hashish@kroger.com 15 2009034287 16 of 27 5/12/09 Y-623 and to: The Kroger Co. 1014 Vine Street Cincinnati, OH 45202 Attn: Law Department Fax No.: (513) 762-4935 8.13. Attorneys' Fees. In the event a party brings or defends an action or proceeding against the another party, which arises out of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party, in addition to any other relief or award granted, its reasonable attomeys' fees, disbursements and court costs. In the event a party is not in default in the payment or performance of its obligations under this Agreement and such party becomes a party or movant (an Intervener") in any bankruptcy, insolvency or probate action or other proceeding related to the other party which purports to affect either parties' interest or obligations under this Agreement, the Intervener shall be entitled to recover from the other party, in addition to any other relief or award granted, its reasonable attorneys' fees, disbursements and court costs incurred in connection with such action or proceeding. 8.14. Paragraph Headings. The heading or title of any paragraph or section appearing in this Agreement, and the order of its listing, is for convenience of reference only and shall not be used in any way to define, limit, simplify or aid in the interpretation of the terms, conditions, provisions and requirements hereof. 8.15. Gender and Number. Whenever masculine, feminine, neuter, singular, plural, conjunctive or disjunctive terms are used in this Agreement, they shall be construed to read in whatever form is appropriate to make this Agreement applicable to all parties and all circumstances, except where the context of this Agreement clearly dictates otherwise. 8.16. Entire Agreement. This Agreement constitutes the sole, entire and only agreement between the parties, pertaining to the subject matter hereof, and except to the extent specifically provided for herein, this Agreement supercedes and voids all prior agreements and understandings of the parties in connection therewith. No tern-}, condition, covenant, provision or warranty not expressly incorporated herein shall be effective to interpret, change or restrict this Agreement. 8.17. Amendment. No amendment, modification, change or alteration of this Agreement shall be effective unless the same shall be in writing, dated subsequent to the date hereof, executed and acknowledged by the parties and recorded in the real estate records of Pulaski County, Arkansas. 8.18. Waiver Not Implied. The failure or forbearance of a party to exercise or enforce any right or remedy under this Agreement, at law or in equity, on any one or more occasions shall not be deemed to imply or constitute a further waiver of the same or any other term, condition, provision or requirement of this Agreement, such right or remedy or 16 2009034287 17 of 27 5/12/09 Y-623 any other term, condition, provision or requirement of this Agreement shall continue to remain in full force and effect as if no such forbearance or waiver had occurred. 8.19. Severability. In the event any term, condition, provision, section, paragraph, sentence, clause, phrase or word contained in this Agreement, orthe application thereof in any circumstances, is held by a legislative, administrative or judicial body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of this Agreement, and the application of any such any term, condition, provision, section, paragraph, sentence, clause, phrase or word in other circumstances, shall not be affected thereby. 8.20. Govemin Law. This Agreement and the rights and obligations of the parties hereto shall be governed by, construed and enforced in accordance with the laws of the State of Arkansas. 8.21. Counterparts. This Agreement may executed in two or more identical counterparts, each of which, when executed, shall constitute an original. 8.22. Adioinina Building Structure. The owner of Parcel II shall have the right to tie onto the east wall of the building structure on Parcel I in order to construct the building structure on the Plot Plan labeled "PROPOSED SHOPS 10,150 SF" on Parcel II, provided that any building structure tying onto such wall shall not use such wall as a weight bearing structure or for lateral support for the building structure being built on Parcel II and further provided that the building on Parcel I is not materially damaged. Remainder of page intentionally left blank. Signature page to follow. 17 2009034287 18 of 27 Y-623 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. DEVELOPER: Joe D. Whisenhunt and Margaret H. Whisenhunt, husbaf�J and wife V mil c Joe—D. Whisenhunt Margare . Whisenhunt ACKNOWLEDGMENT STATE OF ARKANSAS) )ss. COUNTY OF PULASKI ) On this /9-�4 day of May, 2009, before me, the undersigned Notary Public, personally appeared Joe D. Whisenhunt and Margaret H. Whisenhunt, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they had executed the same for the considerations and purposes contained and set forth therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. `QWH15F �TAR�" Gyp My Commission Expires: �+ �� ,E= �b67N/t ❑ � SIG �: [SEAL] 18 2009034287 19 of 27 5/12/09 Y-623 KROGER: Kroger Limited Partnership I, an Ohio limited partnership, its sole member By: KRGP Inc., its general partner By: � Name: Scott M Henderson u r �. Its: ACKNOWLEDGMENT STATE OF OHIO) )ss. COUNTY OF HAMILTON) The foregoing instrument v(a ac awl dg� ed before me is day of 2009, by SCo�U� the of KRGP Inc., an Ohio corporation, the general partner of Kroger Limited Partnership 1, an Ohio limited partnership, on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .Ly ��Lg Notary Public My Commission Expires: � V(Y 19 LINDA L. JORG * Nolaq Quhiic. Stats of ahio 7 �i My Commission Expires NoWam6eF 15. M 19 2009034287 20 of 27 5/12/09 Y-623 EXHIBIT "A" Parcel I Part of the NE'/4 NE'/4, part of the SE'/4 NE'/4 and part of the NW'/4 NE'/4, Section 1, T -1-N, R -14-W, Pulaski County, Arkansas, described as: COMMENCING at the SE corner of said NE'/4 NE'/4; thence N 89040'59" W, along the South line of said NE'/4 NE'/4, 291.49 feet to the POINT OF BEGINNING; thence S 57"18'02" W, 109.97 feet; thence N 89°40'59" W, 747.05 feet; thence N 67043'17" W, 160,22 feet to the South line of said NE'/4 NE114; thence N 89°40'59" W, along said South line, 34.40 feet to the SE corner of said NW/4 NE'/4; thence N 88017'50" W, along the South line of said NW' /4 NE'/A, 43.55 feet to the East right-of-way line of Kirk Road; thence, along said East right-of-way line, on a curve to the left having a Radius of 1340.00 feet, an Arc Length of 131.68 feet and a Chord bearing and distance of N 17°59'12" E, 131.62 feet; thence, along said East right-of-way line, on a curve to the left having a Radius of 746.20 feet, an Arc Length of 233.75 feet and a Chord bearing and distance of N 10°34'37" E, 232.79 feet; thence N 01037'01" E, along said East right-of-way line, 30.64 feet; thence, along said East right-of-way line, on a curve to the left having a Radius of 1340.00 feet, an Arc Length 34.29 feet and a Chord bearing and distance of N 03°10'13" E, 34.29 feet; thence N 02°26'14" E, along said East right-of-way line, 147.43 feet; thence, along said East right-of-way line, on a curve to the right having a Radius of 93.50 feet, an Arc Length of 6.58 feet and a Chord bearing and distance of N 04°35'35" E, 6.58 feet; thence N 06044'56" E, along said East right-of-way line, 80.58 feet to the SW corner of Lot 1, Dairyland Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas; thence, along the South line of said Lot 1, on a curve to the left having a Radius of 20.00 feet, an Arc Length of 12.15 feet and a Chord bearing and distance of S 72°17'21" E, 11.96 feet; thence S 89041'13" E, along said South line, 178.06 feet to the SW corner of Lot 2, Dairyland Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas; thence S 89041'13" E, along the South line of said Lot 2, 194.79 feet; thence, along a line forming the SE corner of said Lot 2, on a curve to the left having a Radius of 30.00 feet, an Arc Length of 47.10 feet and a Chord bearing and distance of N 45°20'18" E, 42.41 feet to the East line of said Lot 2; thence N 00021'48" E, along said East line, 143.91 feet; thence, along said East line, on a curve to the right having a Radius of 100.00 feet, an Arc Length of 23.00 feet and a Chord bearing and distance of N 06°57'05" E, 22.95 feet; thence N 13°32'21" E, along said East line, 1.43 feet; thence, along said East line, on a curve to the left having a Radius of 30.00 feet, an Arc Length of 10.43 feet and a Chord bearing and distance of N 03°35'00" E, 10.37 feet to the South right-of-way line of Chenal Parkway; thence S 74°09'40" E, along said South right-of-way line, 33.12 feet; thence N 16015'14" E, along said South right-of-way line, 9.99 feet; thence S 74°05'58" E, along said South right-of-way line, 535.58 feet; thence S 00°18'47" W, 378.17 feet; thence N 89041'13" W, 41.00 feet; thence S 00°18'47" W, 337.95 feet to the South line of said NE'/4 NEW thence S 89040159" E, along said South line, 39.48 feet to the POINT OF BEGINNING, containing 17.623 acres (767,656 sq.ft.), more or less. END OF EXHIBIT "A" 20 2009034287 21 of 27 5/12/09 EXHIBIT "B" Parcel II Y-623 Part of the NE'/4 NE'/4, Section 1, T -1-N, R -14-W, and part of the NW'/4 NW'/4, Section 6, T -1-N, R -13-W, Pulaski County, Arkansas, described as: COMMENCING at the SE corner of said NE'/4 NE'/4i the POINT OF BEGINNING; thence N 89°40'59" W, along the South line of said NE'/4 NE1/4, 330.97 feet; thence N 0018'47" E, 337.95 feet; thence S 89041'13" E, 41.00 feet; thence N 00°18'47" E, 378.17 feet to the South right-of-way line of Chenal Parkway; thence S 74°05'58" E, along said South right-of-way line, 124.36 feet; thence on a curve to the left having a Radius of 48.30 feet, an Arc length of 19.50 feet and a Chord bearing and distance of S 37°34'50" W, 19.37 feet; thence S 20°33'55" W, 57.90 feet; thence on a curve to the left having a Radius of 145.00 feet, an Arc Length of 50.82 feet and a Chord bearing and distance of S 10°31'32" W. 50.56 feet; thence S 00°29'09" W, 181.27 feet; thence on a curve to the left having a Radius of 30.00 feet, an Arc Length of 35.47 feet and a Chord bearing and distance of S 33°21'20" E, 33.44 feet; thence S 67013'46" E, 163.13 feet; thence on a curve to the left having a Radius of 100.00 feet, an Arc Length of 47.88 feet and a Chord bearing and distance of S 80056'48" E, 47.43 feet; thence N 85020'10" E, 98.81 feet; thence on a curve to the left having a Radius of 40.00 feet, an Arc Length of 47,24 feet and a Chord bearing and distance of N 51030'20" E, 44.54 feet to the West right-of-way line of Kanis Road; thence S 13°27'34" E, along said West right-of-way line, 94.49 feet; thence N 86°57'35" W, 156.60 feet; thence S 01015'45" W, 236.81 feet to the POINT OF BEGINNING, containing 3.40 aces (148,258 sq.ft), more or less; Outlot 1 Lot 1, Dairyland Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas; Outlot 2 Lot 2, Dairyland Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas; and, Outlot 3 Part of the NE'/4 NE'/4, Section 1, T -1-N, R -14-W, and part of the NW'/4 NW'/4, Section 6, T -1-N, R -13-W, Pulaski County, Arkansas, described as: COMMENCING at the SE corner of said NEV,: NE'/4; thence N 01°15'45" E, 236.81 feet; thence S 86°57'35" E, 156.60 feet to the West right-of-way line of Kanis Road; thence N 13°27'34" W, along said West right-of-way line, 94.49 feet to the POINT OF BEGINNING; thence on a curve to the right having a Radius of 40.00 feet, an Arc Length of 47.24 feet and a Chord bearing and distance of S 51030'20" W, 44.54 feet; thence S 85°20'10" W, 98.81 feet; thence on a curve to the right having a Radius of 100.00 feet, an Arc Length of 47.88 feet and a Chord bearing and distance of N 80°56'48" W, 47.43 feet; thence N 67°13'46" W, 163.13 feet; thence on a curve to the right having a Radius of 30.00 feet, an Arc Length of 35.47 feet and a Chord bearing and distance of N 33°21'20" W, 33.44 feet; thence N 00°29'09" E, 181.27 feet; thence on a curve to the right having a Radius of 145.00 feet, an Arc Length of 50.82 feet and a Chord bearing and distance of N 10"31'32" E, 50.56 feet; thence N 20033'55" E, 57.90 feet; thence on a curve to the right having a Radius of 48.30 feet, an Arc length of 19.50 feet and a Chord bearing and distance of N 37034'50" E, 19.37 feet to the South right-of-way line of Chenal Parkway; thence S 74°05'58" E, along said South right-of-way line, 206.15 feet to the West right-of-way line of Kanis Road; thence, along said West right-of-way line, on a curve to the right having a Radius of 50.00 feet, an Arc Length of 43.28 feet and a Chord bearing and distance of S 41951'02" E, 41.94 feet; thence S 21°58'06" E, along said West right-of-way line, 91.03 feet; thence S 1327'34" E, along said West right-of-way line, 196.57 feet to the POINT OF BEGINNING, containing 2.40 acres (104,695 sq.ft.), more or less. END OF EXHIBITS' 21 2009034287 22 of 27 5/12/09 EXHIBIT "C" (Plot Plan attached on page 23 22 Y-623 £Z ' 3 � .,. ,�. nun •.Kwu IOU .,�. 5 _ R'!1 000101 LU COLLWIICdwomm 11L"d012A30 i �r.� ;'ni ill I,r !Sllii ! 1 }311:,• 1i f11. ,j',! !!!',I - e i TE,'i t r; l; i i {r+ F E 11:1x„ ,.Fl�js ,f•� (01C.s i 1!'11f!' ',€I!�,irl`•.111, 1 i,� , Sr'• }, ,,i'[.1 �,'i•ir'•; r .,,1 ,!! , •1+•'�i'i 1 1 1:, J s i �. •' ,• f ! 1'E'' 1 r I', i F rlj.. 1t'' 1"I+ f ,I, , f ij �+ I ,I { • , 1rT.l,. z �,f• �9a 1„ ,'I:F. III:I�• _ ];f.1r,,+;.1: I l a i IE ,• ' 11'ls'• I`rwrl f ��,;.:. , I r I , 1'!1 I ! ' 1 r:.: ! ,,.J I +1 ,.1 i ],• ! ;4.] i {., 11:1, I!•Flrl:i Ir:': 911 i9 j'1 !' jH;; l{1!:1;}. i 1•I+1!il=l.il,. .i 'rii•:'1; `; E 1� rE r 1 1• 1.. I li. I:`n' J, ;. i. I,I rf , l + Gy 1,,;.!'I ri„Efri,liyr 1 fl';'i•'ii' ' i!n•]h 1r''! s 'f{'1ii'>I'•}I 1;1'1 i'lEi; I• ..1Fi i11rF;r 1 , POi� 1 I, :r 1' i. 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(11}IGili{•# �! 1:1=11 �!�=lfn,,i, `iE+il i jr!•lF;f:i`.�ilf�ji;f1,.:'� r�Dl'• 1 lrillE..lal. , Ina..IFTiF19,r r r1r�i.,.,.dGE}1 t is if33fliilit,I,.El.1.li :fr1 , 11.1.11 L';!FilP1 ; %,: •- - _,e ”`—,i j; 1 , `ltll'i? ��::'' li �# } �� i 1= fa ii•: , IF f„ Fit•.I ' 'g� it � I. j�+' r .fl�hll,r,. as �•I Eq• r V 1 l•l;' NHr ::�Fllrlii li�l •, 1.., �iF 1 }, ,� tis;sllii•r.l i,[fl i i j��l.'i!i FM 1 lei W y r llal;jr`,iii E ,1 f D,i1, i 3is�lllllljll?1�•i1i"�; Ij1ii4�iiji:k+j�1'+1;�'•. �' �i1 I 3511 l� 1`t `I'f�';lj:;np,li it _ �• it 1111•-Hrlrlllliill:IEr[ I -., 1 iVic .. 1 ill itie l }r 1 1 I r" r ff f NIP £Z9 -A 60/Z 6/5 I LZ 90 £Z L8ZVE0600Z 2009034287 24 of 27 5/12/09 EXHIBIT "D" Easement Area 1 Y-623 Part of the NE'/4 NE'/4, Section 1, T -1-N, R -14-W, Pulaski County, Arkansas, described as: COMMENCING at the SW corner of said NE'/4 NE'/4; thence N 01°50'53" E, along the West line of said NE'/4 NE'/4, 655.64 feet; thence S 88°09'07" E, 37.75 feet to the SW corner of Lot 1, Dairyland Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas, being on the East right-of-way line of Kirk Road, the POINT OF BEGINNING; thence, along the South line of said Lot 1, on a curve to the left having a Radius of 20.00 feet, an Arc length of 12.15 feet and a Chord bearing and distance of S 72°17'21" E, 11.96 feet; thence S 89°41'13" E, along said South line, 178.06 feet to the SW corner of Lot 2, Dairyland Commercial Subdivision of the City of Little Rock, Pulaski County, Arkansas; thence S 89°41'13" E, along the South line of said Lot 2, 194.79 feet; thence, along a line forming the SE corner of said Lot 2, on the curve to the left having a Radius of 30.00 feet, an Arc Length of 47.10 feet and a Chord bearing and distance of N 45°20'18" E, 42.41 feet to the East line of said Lot 2; thence N 00021'48" E, along said East line, 143.91 feet; thence, along said East line, on a curve to the right having a Radius of 100.00 feet, an Arc Length of 23.00 feet and a Chord bearing and distance of N 06°57'05" E, 22.95 feet; thence N 13°32'21" E, along said East line, 1.43 feet; thence, along said East line, on a curve to the left having a Radius of 30.00 feet, an Arc Length of 10.43 feet and a Chord bearing and distance of N 03035'00" E, 10.37 feet to the South right-of-way line of Chenal Parkway; thence S 74°09'40 E, along said South right-of-way line, 33.12 feet; thence N 16015'14" E, along said South right-of-way line, 9.99 feet; thence S 74005'58" E, along said South right-of-way line, 17.90 feet; thence on a curve to the left having a Radius of 35.00 feet, an Arc Length of 24.57 feet and Chord bearing and distance of S 36°25'00" W, 24.07 feet; thence S 16°06'48" W, 19.01 feet; thence S 05"24'46" W, 69.43 feet; thence S 00°21'48" W, 127.46 feet; thence N 89°41'13" W, 346.51 feet; thence S 81"48'09" W, 40.54 feet; thence N 89°41'13" W, 62.75 feet; thence on a curve to the left having a Radius of 20.00 feet, an Arc Length of 4.78 feet and Chord bearing and distance of S 83°28'15" W, 4.77 feet to the East right-of-way line of Kirk Road; thence N 06°44'56" E, along said East right-of-way line, 40.40 feet to the POINT OF BEGINNING, containing 0.52 acres (22,480 sq ft.), more or less. END OF EXHIBIT "D" 24 2009034287 25 of 27 5/12/09 EXHIBIT "E" Easement Area 2 Y-623 Part of the NE'/4 NE'/4, Section 1, T -1-N, R -14-W, and part of the NW'/4 NW' /4, Section 6, T -1-N, R -13-W, Pulaski County, Arkansas, described as: COMMENCING at the SE corner of said NE'/4 NE'/4; thence N 89°40'59" W, along the South Eine of said NE'14 NE'/4, 330.97 feet; thence N 00°18'47" E, along the East line of Parcel I, 35.81 feet to the POINT OF BEGINNING; thence N 00"18'47" E, along said East line, 85.39 feet; thence S 89'41'02" E, 74.63 feel; thence on a curve to the left having a Radius of 20.00 feet, an Arc Length of 11.87 feet and a Chord bearing and distance of N 73°18'56" E, 11.69 feet. thence N 56°08'22" E, 133,18 feet', thence on a curve to the left having a Radius of 150.00 feet, an Arc Length of 67.69 feet and a Chord bearing and distance of N 35°22'57" E, 67.11 feet; thence on a curve to the left having a Radius of 25.00 feet, an Arc Length of 39.61 feet and a Chord bearing and distance of N 21°50'39" W, 35.59 feet; thence N 67°13'46" W, 102.33 feet; thence N 76°37'43" W, 46.66 feet; thence on a curve to the left having a Radius of 17.50 feet, an Arc Length of 4.00 feet and a Chord bearing and distance of N 83°10'56" W, 3.99 feet; thence N 89044'08" W, 36.14 feet to the East line of Parcel I; thence N 00°18'47" E, along said East line, 30.48 feet; thence S 89°37'26" E, 14.61 feet; thence N 81056'18" E, 14.83 feet; thence on a curve to the left having a Radius of 30.00 feet, an Arc Length of 38.26 feet and Chord bearing and distance of N 32045'38" E, 35.72 feet; thence N 00°24'33" E, 201.44 feet; thence on a curve to the left having a Radius of 15.00 feet, an Arc Length of 18.18 feet and a Chord bearing and distance of N 39°19'47" W. 17.09 feet; thence N 75°04'00" W, 39.14 feet to the East line of Parcel I; thence N 00018'47" E, along said East line, 26.95 feet; thence S 75°04'00" E, 49.78 feet; thence on a curve to the left having a Radius of 10.00 feet, an Arc Length of 14.13 feet and a Chord bearing and distance of N 61055'28" E, 12.99 feet; thence N 15°15'13" E, 32.26 feet; thence on a curve to the left having a Radius of 40.00 feet, an Arc Length of 21.71 feet and a Chord bearing and distance of N 04°41'19" W, 21.45 feet to the South right-of-way line of Chenal Parkway; thence S 74°05'58" E, along said south right-of-way line, 55.80 feet; thence on a curve to the left having a Radius of 48.30 feet, an Arc length of 19.50 feet and a Chord bearing and distance of S 37"34'50" W, 19.37 feet; thence S 20033'55" W, 57.90 feet; thence on a curve to the left having a Radius of 145.00 feet, an Arc Length of 50.82 feet and a Chord bearing and distance of S 10"31'32" W, 50.56 feet; thence S 00"29'09" W, 181.27 feet; thence on a curve to the left having a Radius of 30.00 feet, an Arc Length of 35.47 feet and a Chord bearing and distance of S 33°21'20" E, 33.44 feet; thence S 67013'46" E, 163.13 feet; thence on a curve to the left having a Radius of 100.00 feet, an Arc Length of 47.88 feet and a Chord bearing and distance of S 80056'48" E, 47.43 feet; thence N 85°20'10" E, 98.81 feet; thence on a curve to the left having a Radius of 40.00 feet, an Arc Length of 47.24 feet and a Chord bearing and distance of N 51030'20" E, 44.54 feet to the West right-of-way line of Kanis Road; thence S 13°27'34" E, along said West right-of-way line, 74.90 feet; thence on a curve to the left having a Radius of 45.00 feet, an Arc Length of 31.57 feet and a Chord bearing and distance of N 69°21'04" W, 30.93 feet; thence S 85020'10" W, 92.65 feet; thence on a curve to the right having a Radius of 200.00 feet, an Arc Length of 50.49 feet and a Chord bearing and distance of N 87"25'54" W, 50.36 feet; thence on a curve to the left having a Radius of 60.00 feet, an Arc Length of 73.62 feet and a Chord bearing and distance of S 64"39'00" W, 69.09 feet; thence on a curve to the right having a Radius of 180.00 feet, an Arc Length of 87.44 feet and a Chord bearing and distance of S 43°24'56" W, 86.58 feet; thence S 57°16'22" W, 214.86 feet; thence on a curve to the right having a Radius of 75.00 feet, an Arc Length of 15.20 feet and a Chord bearing and distance of S 63°06'26" W, a distance of 15.18 feet to the POINT OF BEGINNNG, containing 0.94 acres (40,821 sq.ft.), more or less. EXHIBIT "E" 25 2009034287 26 of 27 5/12/09 EXHIBIT "V CONSENT AND SUBORDINATION OF LEASE Y-623 Arvest Bank, lessee under that certain Agreement of Sub Ground Lease (the "Lease"), dated February 4, 1999, a memorandum of which Lease titled "Memorandum of Agreement of Sub Ground Lease" being recorded in the real estate records of Pulaski County, Arkansas, as instrument no. 99-10758, covering the real property described as Outlot 2 on Exhibit °A" attached hereto, hereby consents to the execution, delivery and recording of this Easement, Covenant and Restriction Agreement to which this Consent and Subordination of Lease is attached, and further agrees that the Lease shall be subject and subordinate to the Easement, Covenant and Restriction Agreement as if the Easement, Covenant and Restriction Agreement had been recorded prior in time to the Lease and the Lease had been expressly made subject to the Easement, Covenant and Restriction Agreement at the time of its execution. IN WITNESS WHEREOF, Arvest Bank, by it duly authorized officer, has caused the execution of this Consent and Subordination of Lease, this ML day of May, 2009, Arvest Bank , Chairrrian and CEO (acknowledgment follows) 26 t- 2009034287 27 of 27 5/12/09 ACKNOWLEDGMENT STATE OF ARKANSAS) )ss. COUNTY OF PULASKI ) Y-623 On this day of May, 2009, before me, the undersigned Notary Public, personally appeared LARRY C. CHOATE, to me personally well known, who stated that he was the Chairman and Chief Executive Officer of ARVEST BANK, an Arkansas rank corporation, whose address is: 500 Broadway Place, Little Rock, Arkansas 72201, and that he was duly authorized in such capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged to me that he had so executed the same for the considerations and purposes set forth therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. (� Notary Pu lic My Commission Expires: [SEAL] &MYNAC oL s END OF EXHIBIT "F" w.R. s� coumy g MyCvmmlqstonEvkos Auquat 25, 2013 27 mENG[NEER[NG February 27, 2019 Mr. Dana Carney Zoning and Subdivision Manager Department of Planning and Development City of Little Rock 723 West Markham St Little Rock, AR 72201-1334 RE: Chenal Market Revised 16105 Chenal Parkway Little Rock, Arkansas Dear Mr. Carney, Tralan Engineering Inc. 2916 Wood Street Jonesboro, AR 72404 Phone: 1-870-203-9939 Web: www.tralarien .corn Email: mboggs0tralaneng.com This letter is to address the comments provided during the Subdivision Committee meeting on February 20, 2019. Below is the response to each comment. Planning Staff Comments 1. Provide the building height. The building is 22' at the tallest point. 2. Label proposed building setbacks from new lot lines. The proposed setback are shown on the revised site plan. 3. Provide a signage plan. The tenants will utilize the existing monument sign and place signs on all side of the proposed building. 4. Provide hours of operation. The hours of operation are 7 days a week 10:30am —12:00 Midnight. 5. Locate and describe any new site lighting. Should be low-level and directional, shielded downward and into the site. New site lighting will meet this requirement. 6. Describe dumpster screening materials. The dumpster will have a brick finish that matches the brick on the proposed building. 7. Proposed access easements are to be shown on the final plat. The access easement will be shown on the final plat. If you have any questions or concerns please let me know. Sincerely, /W 1 ', Michael Boggs, PE Project Engineer Carney, Dana From: Michael Boggs <mboggs@tralaneng.com> Sent: Wednesday, February 27, 2019 3:52 PM To: Carney, Dana Subject: RE: Chenal Market Revised It is in the final stages the traffic engineer has been in contact with Bill Henry discussing the report. I should have the final report to them later this week or first part of next week. Thanks, Michael Boggs, PE Project Engineer Tralan Engineering, Inc. 2916 Wood Street Jonesboro, AR 72404 Ph: 1-870-203-9939 Cell: 1-870-759-1694 Web: www.tralaneng.com Email: mboggs@tralaneng.com TRA W! =ENG1� From: Carney, Dana [mailto:DCarney@littlerock.gov] Sent: Wednesday, February 27, 2019 3:45 PM To:'Michael Boggs' <mboggs@tralaneng.com> Subject: RE: Chenal Market Revised Did you get Vince his requested traffic impact study From: Michael Boggs [mailto:mbo s tralanen .cam] Sent: Wednesday, February 27, 2019 3:11 PM To: Carney, Dana <DCarne littlerock. ov> Subject: RE: Chenal Market Revised Dana, I will put them in the mail today. Thank you for your help it has been great working with you on this project. Thanks, Michael Boggs, PE Project Engineer Tralan Engineering, Inc. 2916 Wood Street Jonesboro, AR 72404 1 Ph: 1-870-203-9939 Cell: 1-870-759-1694 Web: www.tralaneng.com Email: mba s tralanen .com i .ENGINEERING From: Carney, Dana Imailto:DCarney@littlerack.gov] Sent: Wednesday, February 27, 2019 3:04 PM To:'Michael Boggs' <mboges@tralanen.com> Subject: RE: Chenal Market Revised Got it. please provide 4 full sized copies of the revised plan From: Michael Boggs [mailto:mbo s tralanen .cam] Sent: Wednesday, February 27, 2019 2:59 PM To: Carney, Dana <DCarne littlerock. av> Subject: Chenal Market Revised Dana, Attached is the information requested at the Subdivision committee meeting. If you have any questions please let me know. Thanks, Michael Boggs, PE Project Engineer Tralan Engineering, Inc. 2916 Wood Street Jonesboro, AR 72404 Ph: 1-870-203-9939 Cell: 1-870-759-1694 Web: www.tralaneng.com Email: mbpggs(@tralaneng.com F-1 Virus -free. www.avast.com Carney, Dana From: Floriani, Vince Sent: Tuesday, March 12, 2019 3:06 PM To: Carney, Dana Cc: Banihatti, Nat Subject• RE: chenal parkway PCD slim chickens Traffic Engineering has reviewed the study and is good with the findings. Vince Floriani, P.E. Little Rock Public Works -Civil Engineering 701 W. Markham St. Little Rock, Arkansas 72201 501-371-4817 From: Carney, Dana Sent: Tuesday, March 12, 2019 10:18 AM To: Floriani, Vince Subject: chenal parkway PCD slim chickens Any word back on the review of the traffic study? 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 Date: February S 2019 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR USE CHANGE OR DEVELOPMENT OF LAND TO: Bill Spivey ATTENTION: ADDRESS: 200 West CApitoL Ste. 2300 Little Rock. AR 72201 REQUEST: Revised Planned Commercial District zoning to allow for construct of a new restaurant on a separate parcel at the front of this site. GENERAL LOCATION OR ADDRESS: 16105 Chenal Parkwa OWNED BY: Haap--Brown Development, LLC NOTICE IS HEREBY GIVEN THAT an application for Revised PCD Zoning for the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on March 14, 2019 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. The City of Little Rock complies with all civil rights provisions of federal laws and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. The City of Little Rock does not discriminate on the basis ofrace, color, creed, religion, sex, national origin, age, disability, income status, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation, in admission or access to and treatment in the City's programs and activities, as well as the city's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the City's nondiscrimination policies may be directed to Caran Curry, Title VI Coordinator, 500 West Markham Street, Little Rock, AR 72201, 501-371-4583, or the following e-mail address: ccur littlerock ov. This notice is available from the Title VI Coordinator in large print or recording. Free language assistance for those with Limited English Proficiency is available upon request. La ciudad de Little Rock cumple con todas las disposiciones de derechos civiles de los estatutos federales y autoridades relacionadas que prohiben la discriminacion en programas y actividades que reciben asistencia financiera federal. La ciudad de Little Rock no discrimina por motivos de raza, color, credo, religion, sexo, origen nacional, edad, discapacidad, estado de ingresos, estado civil, orientaci6n sexual, identidad de genero, informaci6n genetica, las opiniones politicas o aftliaci6n, en la admisi6n o acceso y tratamiento en los programas y actividades de la ciudad, asi como de contrataci6n de empleados de la ciudad. Las quejas de supuesta discriminacion y consultas sobre la politica antidiscriminatoria de la ciudad pueden ser dirigidas a Caran Curry, Coordinador del Titulo VI, 500 West Markham Street, Little Rock, AR 72201, 501-371-4583, o en la siguiente direcci6n de correo electr6nico: ccur Wittlerock -eov. / Jamie Collins, Director 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 Date: February 5, 2019 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR USE CHANGE OR DEVELOPMENT OF LAND TO: Parki8Lay Place Neighborhood Association ATTENTION: Sally Burru ADDRESS: 4 Hongy Locust Court Little R nnk AR 72211 REQUEST: Revised Planned Commercial District zoning to allow for construct of a new restaurant on a sel2arate parcel at the front of this site. GENERAL LOCATION OR ADDRESS: 16105 Chenal Parkway OWNED BY: Haag -Brown Development. LLC NOTICE IS HEREBY GIVEN THAT an application for Revised PCD Zonft for the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on March 14 2019 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. The City of Little Rock complies with all civil rights provisions of federal laws and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. The City of Little Rock does not discriminate on the basis ofrace, color, creed, religion, sex, national origin, age, disability, income status, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation, in admission or access to and treatment in the City's programs and activities, as well as the city's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the City's nondiscrimination policies may be directed to Caran Curry, Title V1 Coordinator, 500 West Markham Street Little Rock AR 72201, 501-371-4583, or the following e-mail address: ccuny@littlerockgov. This notice is available from the Title VI Coordinator in large print or recording. Free language assistance for those with Limited English Proficiency is available upon request. La ciudad de Little Rock cumple con todas las disposiciones de derechos civiles de los estatutos federales y autoridades relacionadas que prohiben la discriminaci6n en programas y actividades que reciben asistencia financiera federal. La ciudad de Little Rock no discrimina por motivos de raxa, color, credo, religi6n, sexo, origen national, edad, discapacidad, estado de ingresos, estado civil, orientaci6n sexual, identidad de genera, informaci6n genetica, las opiniones political o aftliaci6n, en la admisl6n o acceso y tratamiento en los programas y actividades de la ciudad, asi conio de contrataci6n de empleados de la ciudad Las quejas de supuesta discriminacion y consultas sobre la politica antidiscriminatoria de la ciudad pueden ser dirigidas a Caran Curry, Coordinador del 71tulo VI, 500 West Markham Street, Little Rock. AR 72201, 501-371-4583, o en la siguiente direcci6n de correo electr6nico: ccurr ou. Jamie Collins, Director lfpzd.doc 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: Part of the WE 1/4. of the NE 1/4 and the SE 1/4 of NW 1/4 of Section 1 TIN R14W of Palaski County, Arkansas (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) 16105 ChcnaI ParkwaLittle Rock Arkan as (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: �I aee-Brown Development LLC (NAME OF OWNER) _2221 Hill Park Cove Jonesboro. Arkansas 72401 (ADDRESS OF OWNER) Number of proposed lots: 2 ; Proposed use of property: Quick Service Restuarant 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 Rev -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 Tuesday. March 14 20I9 , at 4:00 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 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 information 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. AFFIDAVIT I hereby certify that I have notified all the property owners 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 and place described above. Applicant (Owner or Authorized Agent) Michael Bo (Name) 02/1412019 (Date) e.^LTC LENDERS TITLE COMPANY OWNERSHIP/ZONE SEARCH Date: February 14, 2019 File Number: 19-016697-050 Prepared For: Tralan Engineering Lenders Title Company has searched the records of the Real Estate Records of Pulaski County, Arkansas to determine the apparent ownership of property within 200 feet of the perimeter of the following described property as of February 1, 2019 at 8:00 a.m. A part of the Northeast Quarter of the Northeast Quarter and a part of the Southeast Quarter of the Northeast Quarter, Section 1, Township 1 North, Range 14 West, Pulaski County, Arkansas, being more particularly described as follows, to -wit: Beginning at a set iron pin which is North 89 degrees 41 minutes 24 seconds West, 291.33 feet from the Southeast corner of said Northeast Quarter of the Northeast Quarter and running thence South 57 degrees 14 minutes 51 seconds West, 110.04 feet to a set iron pin; thence North 89 degrees 40 minutes 59 seconds West, 243.41 feet to a set iron pin; thence North 00. degrees 18 minutes 30 seconds East, 381.55 feet to a point; thence North 89 degrees 37 minutes 2 seconds West, 5.55 feet to a set iron pin; thence North 00 degrees 33 minutes 29 seconds East, 45.34 feet to a set pk nail; thence South 89 degrees 30 minutes 01 seconds East, 32.57 feet to a set pk nail; thence North 00 degrees 18 minutes 30 seconds East, 435.71 feet to a set chiseled "X"; thence South 74 degrees 05 minutes 58 seconds East, 321.85 feet to a set iron pin; thence South 00 degrees 22 minutes 06 seconds West, 378.06 feet to a found pk nail; thence North 89 degrees 50 minutes 48 seconds West, 40.63 feet to a set chiseled "X"; thence South 00 degrees 18 minutes 47 seconds West, 337.83 feet to a set iron pin; thence South 89 degrees 41 minutes 24 seconds East, 39.46 feet to the Point of Beginning. TOGETHER WITH Easements as contained in Easement, Covenant and Restriction Agreement made as of May 19, 2009 by and between Kroger Limited Partnership I, an Ohio limited partnership, and Joe D.Whisenhunt and Margaret H. Whisenhunt, husband and wife, recorded May 22, 2009 as Instrument No. 2009034287, records of Pulaski County, Arkansas. DRIVEWAY EASEMENT AREA: Part of the NE1/4 NE1/4 Section 1, TIN, R14W, and part of the NWl/4 NW1/4 Section 6, TIN, R13W, Pulaski County, Arkansas, described as: COMMENCING at the Southeast corner of said NEI/4 NEI/4; thence North 89 degrees 40 minutes 59 seconds West, along the South line of said NE 1/4 NE1A, 330.97 feet; thence North 00 degrees 18 minutes 47 seconds East, along the East line of the Subject Property, 35.81 feet to the POINT OF BEGINNING; thence North 00 degrees 18 minutes 47 seconds East, along said East line, 85.39 feet; thence South 89 degrees 41 minutes 02 seconds East, 74.63 feet; thence on a curve to the left having a Radius of 20.00 feet, an Arc Length of 11.87 feet and a Chord bearing and distance of North 73 degrees 18 minutes 56 seconds East, 11.69 feet; thence North 56 degrees 08 minutes 22 seconds East, 133.18 feet; thence on a curve to the left having a Radius of 150.00 feet, an Arc Length of 67.69 feet and a Chord bearing LTC - Ownership Zone Search.rtf 1 of 3 and distance of North 35 degrees 22 minutes 57 seconds East, 67.11 feet; thence on a curve to the left having a Radius of 25.00 feet, an Arc Length of 39.61 feet and a Chord bearing and distance of North 21 degrees 50 minutes 39 seconds West, 35.59 feet; thence North 67 degrees 13 minutes 46 seconds West, 102.33 feet; thence North 76 degrees 37 minutes 43 seconds West, 46.66 feet; thence on a curve to the left having a Radius of 17.50 feet, an Arc Length of 4.00 feet and a Chord bearing and distance of North 83 degrees 10 minutes 56 seconds West, 3.99 feet; thence North 89 degrees 44 minutes 08 seconds West, 36.14 feet to the East line of the Subject Property; thence North 00 degrees 18 minutes 47 seconds East, along said East line, 30.48 feet; thence South 89 degrees 37 minutes 26 seconds East, 14.61 feet; thence North 81 degrees 56 minutes 18 seconds East, 14.83 feet; thence on a curve to the left having a Radius of 30.00 feet, an Arc Length of 38.26 feet and Chord bearing and distance of North 32 degrees 45 minutes 38 seconds East, 35.72 feet; thence North 00 degrees 24 minutes 33 seconds East, 201.44 feet; thence on a curve to the left having a Radius of 15.00 feet, an Arc Length of 18.18 feet and a Chord bearing and distance of North 39 degrees 19 minutes 47 seconds West, 17.09 feet; thence North 75 degrees 04 minutes 00 seconds West, 39.14 feet to the East line of the Subject Property; thence North 00 degrees 18 minutes 47 seconds East, along said East line, 26.95 feet; thence South 75 degrees 04 minutes 00 seconds East, 49.78 feet; thence on a curve to the left having a Radius of 10.00 feet, an Arc Length of 14.13 feet and a Chord bearing and distance of North 61 degrees 55 minutes 28 seconds East, 12.99 feet; thence North 15 degrees 15 minutes 13 seconds East, 32.26 feet; thence on a curve to the left having a Radius of 40.00 feet, an Arc Length of 21.71 feet and a Chord bearing and distance of North 04 degrees 41 minutes 19 seconds West, 21.45 feet to the South right-of-way line of Chenal Parkway; thence South 74 degrees 05 minutes 58 seconds East, along said South right-of-way line, 55.80 feet; thence on a curve to the left having a Radius of 48.30 feet, an Arc Length of 19.50 feet and a Chord bearing and distance of South 37 degrees 34 minutes 50 seconds West, 19.37 feet; thence South 20 degrees 33 minutes 55 seconds West, 57.90 feet; thence on a curve to the left having a Radius of 145.00 feet, an Arc Length of 50.82 feet and a Chord bearing and distance of South 10 degrees 31 minutes 32 seconds West, 50.56 feet; thence South 00 degrees 29 minutes 09 seconds West, 181.27 feet; thence on a curve to the left having a Radius of 30.00 feet, an Arc Length of 35.47 feet and a Chord bearing and distance of South 33 degrees 21 minutes 20 seconds East, 33.44 feet; thence South 67 degrees 13 minutes 46 seconds East, 163.13 feet; thence on a curve to the left having a Radius of 100.00 feet, an Arc Length of 47.88 feet and a Chord bearing and distance of South 80 degrees 56 minutes 48 seconds East, 47.43 feet; thence North 85 degrees 20 minutes 10 seconds East, 98.81 feet; thence on a curve to the left having a Radius of 40.00 feet, an Arc Length of 47.24 feet and a Chord bearing and distance of North 51 degrees 30 minutes 20 seconds East, 44.54 feet to the West right-of-way line of Kanis Road; thence South 13 degrees 27 minutes 34 seconds East, along said West right-of-way line, 74.90 feet; thence on a curve to the left having a Radius of 45.00 feet, an Arc Length of 31.57 feet and a Chord bearing and distance of North 69 degrees 21 minutes 04 seconds West, 30.93 feet; thence South 85 degrees 20 minutes 10 seconds West, 92.65 feet; thence on a curve to the right having a Radius of 200.00 feet, an Arc Length of 50.49 feet and a Chord bearing and distance of North 87 degrees 25 minutes 54 seconds West, 50.36 feet; thence on a curve to the left having a Radius of 60.00 feet, an Arc Length of 73.62 feet and a Chord bearing and distance of South 64 degrees 39 minutes 00 seconds West, 69.09 feet; thence on a curve to the right having a Radius of 180.00 feet, an Arc Length of 87.44 feet and a Chord bearing and distance of South 43 degrees 24 minutes 56 seconds West, 86.58 feet; thence South 57 degrees 16 minutes 22 seconds West, 214.86 feet; thence on a curve to the right having a Radius of 75.00 feet, an Arc Length of 15.20 feet and a Chord bearing and distance of South 63 degrees 06 minutes 26 seconds West, a distance of 15.18 feet to the POINT OF BEGINNING. Following is a list of apparent owners of property within 200 feet of the perimeter of the above described property as reflected by the records of the Real Estate Records of Pulaski County, Arkansas: Riverside Properties, LLC, P.O. Box 3157, Little Rock, AR, 72203. 2. Highland Valley UMC, 15524 Chenal Parkway, Little Rock, AR, 72211. KRS, LLC, 1400 Kirk Road, Suite 110, Little Rock, AR, 72223. 4. Kroger LImited Partnership I, P.O. Box 1878, Memphis, TN, 38101-1878. This Ownership/Zone Search is intended for the exclusive use of the addressee for informational purposes only. Lenders Title Company is not expressing or attempting to express an opinion as to the validity of the title to the above described property or property noted as being within 200 feet thereof (collectively referred to as "the property"), the accuracy of the addresses, nor as to the validity of any interests or encumbrances, both recorded and unrecorded, that pertain to the property. While Lenders Title Company believes that the information stated above is accurate, no assurances are made nor is any liability assumed by Lenders Title Company for any incorrect information stated herein or omitted herefrom. For assurances as to the title to the property, addressee should obtain a title insurance commitment/policy. Sincerely, Lenders Title Company Arkansas License No. IA -82 By:Ryan T. Harrell Title Agent License Number: 161703218 Little Rock Water Reclamation Authority Comments Project Number S-1649 Project Name Project Type Valley Estates of Mabelvale Site Plan Review Phase III Project Number S -554-D Project Name Lot 1 Mabelvale West Industrial Park Project Number S -662-B Project Name J A Riggs Project Number Z -5703-F Project Name Lot 1 Col Glenn Business Center Project Type Multi -Bldg Site Plan Review Project Type Multi -Bldg Site Plan Review Comment Made Sewer main extension required with easements if new sewer service is required for this project. Capacity Fee Review Required. No Stormwater detention within 10' of sewer main. Comment Made Sewer Available to this site. Comment Made Sewer Available to this site. EAD analysis required. Project Type Comment Made Planned Development: Commercial No Stormwater detention within 10' of sewer main. FOG analysis required. Connection to private sewer system allowed under previous agreement. Project Number Z -5745-C Project Name Project Type Savvy Kids Learning Center Planned Development: Office Project Number Z -6318-F Project Name Chenal Market Project Number Z -7948-D Project Name Morgan Addition Lot 2 Project Number Z-9389 Project Name Dartmoor Manufactured Home Park Comment Made Sewer Available to this site. FOG analysis required if food prep on site. Project Type Comment Made Planned Development: Commercial Sewer Main Extension required with easements if new sewer service is required for this project. FOG analysis required. Project Type Comment Made Planned Development: Office Outside Service Boundary - No Comment. Project Type Comment Made Planned Development: Residential Sewer Available to this site. Separate service line to main required for each building. Thursday, February 14, 2019 Page 1 of 2 Project Number Z-9393 Project Name Project Type Comment Made 2318 Blackwood four-plex Planned Development: Residential main rAvailable his site. equiredf r eachch 2vi g uunitseCapactyservice lne o Fee Analysis required. Project Number Z-9394 Project Name Project Type Comment Made Brashear Duplexes Planned Development: Residential Sewer Available to this site. Separate service line to main required for each building (2 living units.) Project Number Z-9395 Project Name Project Type Comment Made 1103 Ringo AirBnB Planned Development: Commercial Sewer Available to this site. Page 2of2 Thursday, February 14, 2019 En tffV February 15, 2019 City of Little Rock Department of Planning and Development ATTN: Dana Carney 723 West Markham Street Little Rock, AR 72201-1334 Entergy Arkansas LLC #9 Entergy Court Little Rock. AR 72211 RE: Entergy comments related to Planning and Zoning items for the March 14th Meeting Ms. James, Please find below Entergy's comments related to the items received from the Department of Planning and Development last week. The request letter said to have the comments back to you by February 181h, 2019. ■ JA Riggs multiple site plan review — 9125 I-30 — 5-662-B Entergy does not object to this proposal. There is an existing underground primary voltage distribution line feeding the property from Chicot Road along the south and eastern edges of the property. Please locate all UG utilities before digging for the demolition of, and installation of buildings. There is also an existing overhead power line which runs along the west side of Chicot Road. Care should be used in installing the drive across Chicot Road as there are overhead wires which could impact clearances to any equipment being moved underneath them. All NESC (code) required clearances must be maintained during and after construction. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. * Lot 1 Mabelvale West Industrial Park — site plan review —11205 Otter Creek SW Turn road — 5-554-D Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. A three-phase overhead power line already exists on the west side of the property. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. ■ Chenal Market revised long -form PCD —16105 Chenal Pkwy — Z -6318-F Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. There is an existing underground power line to the south of this proposed development feeding existing buildings. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Lot 1 Col. Glenn Business Center short -form PCD — SE corner Col. Glenn & Shackelford — Z -5703-F is proposal. There is an existing three phase, overhead Entergy does not object to th power line on the north side of Colonel Glenn and on the west side of Shackelford. Neither line conflicts with the project proposal. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. • 1103 Ringo Airbnb short -form PD -C —1103 Ringo — Z-9395 Entergy does not object to this proposal. Electrical service is already provided to the structure on this property. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities. « Brasher Duplexes short -form PD -R — SE corner W. Capitol and Rice St - Z-9394 Entergy does not object to this proposal. There is an existing overhead power line on the south side of W. 6'h St on the southwest comer of this property, but does not appear to conflict with the proposal. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. « Savvy Kids Learning Center revised POD — 6813 W. 32"d St. - Z -5745-C Entergy does not object to this praposal. Electrical service is already provided to the structures on this property from on overhead power line at the back of the property. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities. ■ Dartmoor Manuf. Home Park short -form PD -R — 9413 Dartmoor Dr - Z-9389 Entergy does not object to this proposal. Electrical service is already provided to the existing structures on this property from on overhead power line at the rear of each structure. As new mobile homes are moved in it is mandatory that all required NESC clearances to the power line be maintained and that nothing is placed within the utility easement which would impede restoration and maintenance activities of Entergy's line trucks. Contact Entergy in advance to discuss changes to electrical service requirements, extensions, or adjustments to existing facilities — if any as this proposal proceeds. Morgan Addition Lot 2 short -form POD — NW corner Morgan Cemetery Rd & Hwy 10 - Z -7948-D Entergy does not object to this proposal. There is an existing overhead power line on the south side of the property running along Highway 14 but it does not appear to conflict with the proposal. Care must be taken for the drive off Highway 10 for this property as it crosses underneath the power line. All NESC required clearances must be maintained during and after construction of the drive. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. « 2318 Blackwood four-plex short -form PD -R — 2318 Blackwood — Z-9393 Entergy does not object to this proposal. Electrical service is already provided to the structure on this property from the rear of the property. Contact Entergy in advance to discuss changes to electrical service requirements, extensions, or adjustments to existing facilities — if any as this proposal proceeds. Valley Estates of Mabelvale Ph III site plan review — Richsmith Ln — S -1649-G Entergy does not object to this proposal. There is an existing underground power line to the west of this development feeding the previous Phase of Valley Estates. It does not appear to conflict with the proposal. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. If you need further assistance you may call me at 501-954-5158 or e-mail me at bneumei@entergy.com. Sincerely, Bernard Neumeier, P.E. Region Engineering Supervisor Entergy Arkansas, Inc. MEMORANDUM TO: DANA CARNEY, ZONING & SUBDIVISION MANAGER FROM: TRACY SPILLMAN, PLANS DEVELOPMENT ADMINISTRATOR SUBJECT: REVIEW OF THE oU�oE9 AND LANDSCAPE SUBDIVISION COMMITTEE MEETING MEETINGMENTS F THE FEBRUARY, DATE: FEBUARY 15, 2019 1. 11205 Otter Creek South 5-554-D 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be a minimum of nine (9) feet in width. 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. 3. 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 (15 0) or fewer parking spaces. Interior islands must be a minimum 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. 4. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. 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. 5. An irrigation system shall be required for developments of one (1) acre or larger. 6. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 7. 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. 2. 91251-30 5-652-B 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. 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. 3. Rich Smith Lane 5-1649-G 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be a minimum of nine (9) feet in width. 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. 3. 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. 4. A land use buffer six (6) percent of the average width/depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The maximum width of the required buffer is fifty (50) feet. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The property to the east is zoned R-2. 5. A as a component of all land use buffer requirements, opaque screening, whether a fence or other device, six (6) feet in height shall be required upon the property line side of the buffer. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. 6. 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). For developments with more than one hundred fifty (15 0) parking spaces the minimum size of an interior landscape area shall be three hundred (300) square feet. 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. 7. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. 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. 8. An irrigation system shall be required for developments of one (1) acre or larger. 9. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 10. 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. 16105 Chenal Parkwa Z -6318-F 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements and the Chenal Overlay District. 2. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. 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. 3. An irrigation system shall be required for developments of one (1) acre or larger. 4. Landscape must be in compliance with current landscape code upon completion of the project. Any exiting landscape or irrigation disturbed by construction shall be repaired or replaced before a certificate of occupancy can be obtained. 5. 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. SE Corner of Colonel GIenn and 5hackleford Z-5703-�F 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be a minimum of nine (9) feet in width. 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. 3. 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. 4. 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 (15 0) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum 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. 5. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. 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. 6. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 7. An 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. 6. 1103 Ringo (Z-9395 1. No Comment. 7. SE Corner of W Capitol Ave and Rice Street --(Z-9394) 1. No Comment. 8, 6813—W-3-2—'—St--------LZ--5"—'--C-1 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. 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. 9413 Dartmoor Drive Z-9389 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. 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. 8405 Stanton Road Z -6034-B 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The properties to the north, south, and east are zoned R-2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, six (6) feet in height shall be required upon the property line side of the buffer. In addition to the required screening, buffers are to be at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. 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. The north and south perimeter planting strips are deficient. 4. 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. 5. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy- five (75) feet of all plant material if an automatic irrigation system is not provided. 6. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 7. 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. 11. NW Corner of CemeteEy Road and (Highway 14 Cantrell Rd Z -7948-D 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. 2. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features such as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Provide screening shrubs no less than thirty (30) inches in height at installation with an average linear spacing of not less at three (3) feet within the required landscape area 3. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the north is zoned R-2. 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. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. The Highway 10 DOD requires rear and side yards to have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. 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. 6. 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 (15 0) 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. 7. A landscape irrigation system shall be required as per Highway 10 site design and development standards. The development of two (2) acres or more requires the landscape plan to be 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. 12. 2318 Blackwood Z-9393 1. No Comment. To: Dana Carney, Zoning & Subdivision Mgr.: Monte Moore, Subdivision Date: 02-07-19 From: Curtis Richey: Building Codes Building Code Comments: 5-662-8 91251-30 Project is subject to full commercial plan review and 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; crfche a littlerock. ov or Steve Crain at 501-371-4875; strain littlerack. NOTE: A demo permit is required for the demolition of a complete building. 5-554-D Project is subject to full commercial plan review and 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 501.37 1.4724;- cric hey@ littlerock. ov or Steve Crain at 501-371-4875; strain littlerock. ov Z -6318-F 16105 Chenal Parkway Project is subject to full commercial plan review and 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; criche littlerock. ov or Steve Crain at 501-371-4875; scrain@littlerock.gov Z -5703-F SE Corner of Col. Glenn and Shackleford Project is subject to full commercial plan review and 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; cricheyPlittlerock.gov or Steve Crain at 501-371-4875; scra in@ littlerock.gov Z-9395 1103 Ringo NC Z-9394 Capitol & Rice Fire Separation between units required. Z -5745-C 6813 W. 32nd St. Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichev@little rock. or or Steve Crain at 501-371-4875; scrain littlerock. ov Note: Property must meet all requirements for a Daycare Occupancy before being occupied. Building Code and Fire Marshall inspections are required. Z -7948-D Mor an and H...—in Project is subject to full commercial plan review and 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; criche littierock. ov or Steve Crain at 501-371-4875; sera i n @ litt leroc_k.gov_ Z-9393 2318 Blackwood Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval are required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichev@iittlerock.org or Steve Crain at 501-371-4875; scrain littlerock. ov NOTE: Fire Sprinkler and Fire Alarm are required in all multi -family occupancies with 3 units or more. Fire Separation is required between all units both vertically and horizontally. Z-9389 9413 Dartmoor NC 5-1649-G Richsmith Lane Project is subject to full commercial plan review and 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; criche iittlerock. ov or Steve Crain at 501-371-4875; scrain littlerocic. ov Regards, Curtis Richey Commercial Plans Examiners To: Monte Moore Date: February 11, 2019 From: Captain Tony Rhodes / Captain John Hogue/Fire Marshal Derek Ingram: Fire Marshal Comment for the following -12 -cations. S -662-B 91251-30 Full plan review. Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Develo means —2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30' Tall Buildin S - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1— D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30', approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet wails, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Fire H Brants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. S -554-D 11205 Otter Creek South Road Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Z -6318-F 16105 Chenal Parkway Full plan review Maintain Access: Fire Hydrants, Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loadin Maintain fire apparatus access road design as pei Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities. buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Fire H Brants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Z -5703-F Southeast Corner Colonel Glenn and Shackleford Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Fire H drants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Z-9395 qQ Rin o No comment Z-9394 Southeast garner of La itoi Ave and Rice Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol - 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loadin Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. one- or Two -Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two -Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Z -5745-C 6813 West 32nd Full plan review Z-9389 9413 Dartmoor Drive Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loadin Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Develo ments— 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 34' Tall Buildings - Maintain aerial fire a aratus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1— D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30', approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. ane- or Twv-Famil Residential Developments. One- or Two -Family As per Appendix D, Section D107.1 of the Ark Preventionnsas Fire or two famoy dwell) dwellings where the number of dwelling residential developments. Developments of one dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Z -7948-D No comment Z-9393 2318 Blackwood Full plan review S -1649-G Richsmith Lane Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. i_oadin Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments -- 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. , Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30' Tail Buildings- Maintain aerial fire a aratus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1— D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30', approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. _Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are le entry tools or when a key box containing the keys capable of being opened by means of forcib to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Multi -Family Residential DevelO ments As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention Code Vol. 1. Projects having more than 100 dwelling units. Multiple -family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all building, including nonresidential occupancies are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2 As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention Code Vol. 1. Projects having more than 200 dwelling units. Multiple -family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Regards, Captain Rhodes, Captain Hogue and Fire Marshal Derek Ingram Office: 918-3710 Z -6318-F Address: 16105 Chenal Parkway Planning Division. This request is located Ellis Mountain Planning District. The Land Use Plan shows C (COmmer The CIal t�alryandincludes p professional road range of retail and wholesale sales of products, personal services, and general business activities. Commercial activities vary in type for and scale, depending on the trade area that they serve. The llcant has proposedaestaurant a revised PCD (Planned Commercial Development) to allow a pad. The request is within the Chenal Overlay District. Master Street Plan: North of the property is Chenal Parkway and it is shown as a Principal Arterial on the Master Street Plan. (Add Kirk Road on west Collector) The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Chenal Parkway. A Bike Path is to be a paved path physically separate forthe scAdditional way oran easement is recommended. Nne�tpath are recommended to allow for pedestrian use as well (replacing the sidewalk). Z -5703-F Address: SE Corner of Colonel Glenn and Shackleford Road Planning Division: This request is located in 65th Street West Planning District. The Land Use Plan shows Light Industrial (LI) for these properties. The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. The applicant has applied for a rezoning from POD (Planned Office Development) to PCD (Planned Commercial Development) to allow the development of a convenience store with gas pumps. Master Street Plan: North of the property is Colonel Glenn Road and it shown as a Principal Arterial on the Master Street Plan. East of the property is Shackleford Road and it is shown as a Minor Arterial on the Master Street Plan The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road since it is a Principal Arterial. 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 Shackleford Road since it is a Minor Arterial. These streets may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Colonel Glenn Road and Shackleford Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine - foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Z-9395 Address: 1103 Ringo Street Planning ivision This request is located in Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may 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 R-4 (Two -Family District) to PDC (Planned Development Commercial) to allow to rent entire house through Airbnb Master Street Plan. East of the property is Ringo Street and it is shown as a Local Street on the Master Street Plan. North of the property is W 11th Street and it is shown as a Local Street on the Master Street Plan. 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. Z-9394 Address: SE Corner of W.Capitol Ave and Rice Street Planning Division: This request is located in 1630 Planning District The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may 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 an 1-2 (Light Industrial District) to a Short- form PD-R (Planned Development Residential) to allow the construction of two duplexes. Master Street Plan: West of the property is Rice Street and it is shown as a Local Street on the Master Street Plan. ster�Street Plan. Thep maty function of aof the property is W Capitol Ave and pt is shown as a Local Street on the Ma 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 "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 vi6813 ity W.32nd St Z-5745-C Plannin Division: This request is located in Boyle Park Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density is for single -family homes at densities no greater than six dwelling units per acre. The applicant has applied for a revised POD (Planned Office Development) and R-2 (Single Family District) to expand childcare from existing facility at 3200 Bryant into this adjacent property Master Street Plan: North of the property is W 32nd Street and it is shown as a Local on the Master Street Plan. East of the property is Bryant Street Road and it is shown as a Collector on the Master Street Plan. 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". The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. 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. Z-9389 Address: 9413 Dartmoor Drive Plannin Division: This request is located in Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) PDR (Planned Development Residential) to recognize a Mobile Home Park and allow it to return to the original density of units. Master Street Plan: West of the property is Dartmoor Drive and it is shown as a Local on the Master Street Plan 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". This Street may require dedication of right-of-way and may require street improvements for entrances and exits to the site Sic cle Plan: There are no bike routes shown in the immediate vicinity. Z -7948-D Address: NW Corner of Morgan Cemetery Road and Highway 10 Planning Division: This request is located Barrett Planning District.. The Land Use Plan shows Transition (T) for this property. Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi -family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The applicant has applied for rezoning from R-2 (Single Family District) to POD (Planned Office Development) to allow the development of an office building for contractor. Master Street Plan: North of the property is Morgan Cemetery Road and it is shown as a Collector on the Master Street Plan. East of the property is Highway 10 and it is shown as a Principal Arterial on the Master Street Plan. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Highway 10 since it is a Principal Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site !Bicycle Plan:. A Class I Bike Path is shown along Highway 10. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine -foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Z -7948-D Address: 2318 Blackwood Planning Division: This request is located in West Little Rock Planning District. The Land Use Plan shows Residential Medium Density (RM) for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi -family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The applicant has applied for a rezoning from R-4 (Two Family District) to PD -R (Planned Development Residential) to convert building into a four-plex, 2 units upstairs and 2 units downstairs. Master Street Plan: East of the property is Blackwood Road and it is shown as a Local on the Master Street Plan 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". This Street 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. City of Little Rock Planning and Development Filing Fees Date; i 7- , 20 Annexation Board of Adjustment Cond Use Permit/T U P Final Plat Planned Unit Dev Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs Number at ea Total File No Location 4 Applicant ' 14 By -13. P. CERTIFIED o RECEIPT Domestic Ln N LI T.TL E ROCK:? 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