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HomeMy WebLinkAboutZ-7919-A ApplicationArea Vicinity Map [�unlil Case: Z -7919-A N Location: North of 3rd and East of Bond Ward: 1 PD: 6 CT: 2 TRS: TIN R12W 1 'jf� 0 200 400 Feet ��� ! � it � � � � ■ 4 - � •� a 1 � r. Iii � � r � Area Vicinity Map [�unlil Case: Z -7919-A N Location: North of 3rd and East of Bond Ward: 1 PD: 6 CT: 2 TRS: TIN R12W 1 'jf� 0 200 400 Feet i " NO ST mx r r R �• � ���■ter ■.r� � � Vicinity Map Land Use Case: Z -7919-A N Location: North of 3rd and East of Bond Ward: 1 PD: 6 CT: 2 TRS: TIN R12W1 0 200 400 Feet Z -7919-A 0 MARINA COVE * REFORM PDG cSZ O s Et City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 January 3, 2008 The Holloway Firm 200 Cassey Drive Maumelle, AR 72113 Planning Zoning and Subdivision Re: JAPD, LLC marina Condo Project Revised Long -form PCD (Z -7919- A), located north 3rd Street and East of Bond Street Dear Sir or Madam: Enclosed please find a copy of an Ordinance adopted by the Board of Directors at their December 4, 2007, Public Hearing approving the above referenced development. If you have any questions concerning this ordinance, please feel free to call me at 371-6821. Sincerely, Donna James, AICP Subdivision Administrator ORDINANCE NO. 19,876 AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED JAPB, LLC MARINA -CONDO PROJECT REVISED LONG -FORM PCD (Z -7919-A), LOCATED NORTH OF 3RD STREET AND EAST OF BOND STREET, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; 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 to Revised PCD: Part of Lots 6,7, 8, 9, 10, 11 and 12 of Block B of Fletcher and Clark's Addition, the East 180 feet of Lot B and the West 120 feet of Lot C in the Subdivision of the northwest 1/4 of Section 1, T -1-N, R -12-W, part of T.ntc r nnri n nnrt nark of flip ahanrinnpr ctrpat I -Ann hptxvppn ca;(] T nt C, and Lot D of the Clark Street (closed) and part of 2„ d Street, all in Pulaski County, Little Rock, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of the Northwest 1/4 of the North fractional % of Section 1, Township 1 North, Range 12 West; thence East 1259.98 feet to the point of beginning on the west line of Lot 12, Block B of Fletcher and Clark's Addition; thence north 00°18'27" East along said west line, a distance of 195.03 feet to a point of the southerly right of way line of 2nd street; thence south 89°5 ]'IS" west along said right of way line, a distance of 182.52 feet; thence north 00°18'27" east crossing 2nd Street and along the west line of Lot 6 Block B of Fletcher and Clark's Addition, a distance of 235.83 feet to the southerly top bank of the Arkansas River; thence along said southerly top bank the following twenty (20) coursed distances: (1) thence north 87'54'10" East a distance of 50.04 feet; (2) thence south 82°47'09" east, a distance of 75.52 feet; (3) thence south 70°43'36" East, a distance of 132.20 feet; (4) thence south 53'34'15" East, a distance of 49.99 feet; (5) thence south 78°48'40" East, a distance of 149.28 feet; (6) thence south 75°18'43" east a distance of 161.10 feet; (7) thence south 89°15'05" east, a distance of 164.46 feet; (8) thence south 66°48'25" east, a distance of 95.04 feet; (9) thence south 79'32'11" east, a distance of 101.31 feet; (10) thence south 89°14'24" east, a distance of 238.73 feet; (11) thence north 85°47'31" east, a distance of 111.43 feet; (12) thence north 87°30'17" east, a distance of 86.01 feet; (13) thence north 79°40'14" east, a distance of 71.18 feet; (14) thence north 68°53'29" east, a distance of 87.65 feet; (15) thence north 79°09'46" east, a distance of 87.65 feet; (16) thence south 53'38'16" east, a distance of 49.46 feet; (17) thence south 80°27'21" east, a distance of 70.58 feet; (18) thence south 70°24'54" east, a distance of 74.93 feet; (19) thence south 26°47'34" east, a distance of 122.66 feet; (20) thence south 52°31'43" east, a distance of 28.72 feet to the west line of Pope's 1000 Acre Grant; thence south 08'06'13" west along said west line, a distance of 291.35 feet to a point on the northerly right of way line of Little Rock East End Levee, Pulaski Drainage District No. 2; thence north 75°28'58" west along said northerly right of way line, a distance of 327.85 feet; thence south 14°39'02" west along said northerly right of way line, a distance of 327.85 feet; thence south 14°39'02" west along said northerly right of way line, a distance of 44.0 feet; thence north 75°28'53" west along said northerly right of way line, a distance of 696.30 feet; thence south 14°38'04" west along said northerly right of way line, a distance of 5.93 feet; thence north 75°31'00" west along said northerly right of way line, a distance of 259.84 feet; thence south 00°49'07" west, a distance of 88.56 feet to a point on the north right of way line of 3`d street; thence north 89°37'44" west along said north right of way line, a distance of 120.20 feet; thence north 89°22'33" west along said north right of way line, a distance of 179.82 feet; thence north 89'35'13" west, a distance of 107.48 feet to the point of beginning containing 13.068 acres, more or less. AND 2"d Street Property Description (to be abandoned at a later date and prior to construction) Part of the Subdivision of the South Fractional '/z of the North Fractional %z of Section 1, T -1-N, R -12-W, Little Rock, Pulaski County, Arkansas being more particularly described as follows: Commencing at the southwest corner of the northwest '/a of the North Fractional % of Section 1, Township 1 North, Range 12 West; thence east 1259.98 feet to a point of the west line of Lot 12, Block B of Fletcher and Clark's Addition; thence north 00°18'27" east along said west line, a distance of 195.03 feet to the point of beginning on the south right of way line of 2nd Street; thence south 89'51'18" west along said right of way line, a distance of 182.52 feet; thence north 00°18'27" east crossing; said 2"d Street, a distance of 60.00 feet to a point on the north right of way line of 2nd Street; South 89°51'18" west along said north right of way line, a distance of 290.01 feet; thence south 00°08'42" west, a distance of 60.0 feet to a point of the south right of way line of 2nd street; thence south 89°51'18" west along said right of way line, a distance of 107.96 feet to the point of beginning containing 0.400 acres, more or less. SECTION 2. That the approval of JAPB, LLC Marina -Condo Project Revised Long -form PCD (Z -7919-A), located North of 3`d Street and East of Bond Street is subject to compliance with the following additional conditions: Oa That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. SECTION 3. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 4. That the change in zoning classification contemplated for 3AP13, LLC Marina -Condo Project Revised Long -form PCD (Z -7919-A), located North of 3`d Street and East of Bond Street is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 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. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 7. 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 8. 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: December 4, 2007 ATTEST: City f Little Ro Clerk APPROVED: Mayor 3 APPROVED AS TO FORM: City Attorney City of Little Rock Planning and Development Filing Fees Date: JL1 1�. , 20 0 '� Annexation $ ' Board of Adjustment o o to Cond. Use Permit/T.U.P. � 6y Final Plat $ w°'cnm to Planned Unit Dev. $' Preliminary Plat $ Special Use Permit Rezoning $ �4r� I L,03 `' e s Site Plans ATI Street Name Change _OING t,ODE Street Name Signs Number at ea. $ Public Hearing Signs ,,� Number�at Z) ea. $ Total $ _ File No.Aj— n l Location 3.1 l Appli By — O O ru ru 0 0 0 0 w LU .A 03 ru .0 o ' ~'TQC Cn — c/) o o to � 6y r') CODD w°'cnm to ft � W D ST Mx i3R Yu Lj E HiT all Lu z 4 JPtl I I LAI;�l 9 130 P11LL fl ata Vicinity Map Land Use PK/OS a Case: Z -7919-A N Location: North of 3rd and East of Bond Ward: I PD: 6 CT: 2 TRS: TIN R12W1 k 0 200 400 Feet ddSSMqSEC=:= rte' `'l f f f Frf^7 D ST 13R a / ; � R4LU � :0 R4 f13 00 000M m v a o0 uu p �� R C3 Q c 12 3 w PR o U_ o . `E U 13 0 � p� L7 0 0 12 Z I "C3 m d 1 z o O El p CD D 13 d T Sr M D Area, Vicinity Map PR a C�VIIlII Case: Z -7919-A N Location: North of 3rd and East of Bond Ward: 1 PD: 6 CT: 2 TRS: TIN R12W1 )k 0 200 400 Feet Z- 7919-A 0 MARINA COVE 0 REXb%ER G r OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION DECEMBER 4, 2007 AGENDA Subject An Ordinance establishing a Planned Zoning District titled JAPB, LLC Marina - Condo Project Revised Long -form PCD (Z -7919- A), located North of 3Ta Street and East of Bond Street. Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION CITIZEN PARTICIPATION Action Required 4Ordinance Resolution Approval Information Report Submitted By Bruce Moore The project now consists of a condominium/marina project developed in four phases. The initial phase will begin in 2008 with completion of the project in 2014. I None. Staff recommends approval of the requested PCD zoning. The Planning Commission voted to recommend approval of the requested zoning by a vote of 10 ayes, 1 noes and 0 absent. The Planning Commission reviewed the proposed PCD request at its November 8, 2007, meeting. There were no registered objectors present. The East Little Rock Neighborhood Association, the Hanger Hill Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200 -feet of the site were notified of the Public Hearing. BACKGROUND Ordinance No. 19,425 adopted by the Little Rock Board of Directors on November 1, 2005, rezoned the site from R-4, Two-family District to PCD. The applicant proposed to construct a mixed used development containing apartments, commercial, a marina and a public boat launch ramp. The apartments would occupy 4.5 acres; the restaurant, public launch ramp, and marina, 5.0 acres; the retail facility 1.5 acres; and the surface parking areas would occupy 1.67 acres. The approved site plan included 206 -covered slips for both public and private access for dockage, storage and launching. The applicant indicated amenities including a ship's store, fueling facility, pubic launch ramp and boardwalk. There were uncovered slips and transient moorage that would support 336 boats. The project now consists of a condominium/marina project developed in four phases. The initial phase will begin in 2008 with completion of the project in 2014. The Master Plan for the site indicates two developments planned for the site. The condominium development and the marina, each stands alone. The condominium development consists of 268 residential units, 250 residential storage units and 700 parking spaces. The development site is south of the floodway line on the property where the existing elevation is approximately 252.00. The 100 -year flood elevation at the site is 252.00. Three buildings are planned for the condominium development with building number being a two story structure that will be used as the development office for each separate development. The development office will be used for the marketing selling, leasing, construction and maintenance of the condominium development and will also be used for management of the condominium development after the condominium buildings are completed. Building number 2 and 3 will each be ten story buildings. The first three floors of each will be utilized for parking. The remaining seven floors will be a mixed use of residential condominiums/apartments, and office uses. The condominium development will reflect a Mediterranean Architectural style that utilizes environmental friendly LEED Certified green construction. The development will be a gated community with 24 hour security. 2 BACKGROUND CONTINUED The marina development consists of 13 docks which contain 450 watercraft slips. The development lies north of the floodway line to the edge of the southern navigation channel line in the Arkansas River. Two boat basins are to be built for the marina development. Boat basin numbers 1 and 2 will have a manmade floating wave break protecting the harbor from wave entry and river debris. The marina development will be a full service facility that includes: marine fuel, transient boat dockage, a neighborhood market complete with grocery, tackle, bait, hardware, laundry and shower facilities, full service restaurant, fishing pier and public walking promenades. Covered and uncovered boat slips will be provided for boats ranging in size from personal water crafts to yachts of 130 feet in length. Shore service for the boat slips will include dockside lighting, fresh water, outlets for single and three phase electricity, slop -side pump out stations and boat cleaning. The floodway property will include pavement for unloading and parking. The marina development will reflect a Mediterranean Architecture style that utilizes environmental friendly LEED Certified green construction similar to the condominium development. The developer has indicated the desire to develop the City owned property adjacent to the west including a public boat launch ramp, park and playground area and the river trail system with both bike and pedestrian access. Please see the attached Planning Commission minute record and site plan for the applicant's specific development proposal and the staff analysis and recommendation. 3 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED JAPB, LLC MARINA -CONDO PROJECT REVISED LONG -FORM PCD (Z -7919-A), LOCATED NORTH OF 3RD STREET AND EAST OF BOND STREET, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; 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 to Revised PCD: Part of Lots 6,7, 8, 9, 10, 11 and 12 of Block B of Fletcher and Clark's Addition, the East 180 feet of Lot B and the West 120 feet of Lot C in the Subdivision of the northwest '/ of Section 1, T -1-N, R -12-W, part of Lots C and D and part of the abandoned street lying between said Lot C and Lot D of the Clark Street (closed) and part of 2nd Street, all in Pulaski County, Little Rock, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of the Northwest '/ of the North fractional '/2 of Section 1, Township I North, Range 12 West; thence East 1259.98 feet to the point of beginning on the west line of Lot 12, Block B of Fletcher and Clark's Addition; thence north 00°18'27" East along said west line, a distance of 195.03 feet to a point of the southerly right of way line of 2nd street; thence south 89°51'18" west along said right of way line, a distance of 182.52 feet; thence north 00°18'27" east crossing 2nd Street and along the west line of Lot 6 Block B of Fletcher and Clark's Addition, a distance of 235.83 feet to the southerly top bank of the Arkansas River; thence along said southerly top bank the following twenty (20) coursed distances: (1) thence north 87°54'10" East a distance of 50.04 feet; (2) thence south 82°47'09" east, a distance of 75.52 feet; (3) thence south 70°43'36" East, a distance of 132.20 feet; (4) thence south 53°34'15" East, a distance of 49.99 feet; (5) thence south 78°48'40" East, a distance of 149.28 feet; (6) thence south 75°18'43" east a distance of 161.10 feet; (7) thence south 89°15'05" east, a distance of 164.46 feet; (8) thence south 66°48'25" east, a distance of 95.04 feet; (9) thence south 79°32'11" east, a distance of 101.31 feet; (10) thence south 89°14'24" east, a distance of 238.73 feet; (11) thence north 8.5°47'31" east, a distance of 111.43 feet; (12) thence north 87°30'17" east, a distance of 86.01 feet; (13) thence north 79'40'14" east, a distance of 71.18 feet; (14) thence north 68°53'29" east, a distance of 87.65 feet; (15) thence north 79°09'46" east, a distance of 87.65 feet; (16) thence south 53'38'16" east, a distance of 49.46 feet; (17) thence south 80°27'21" east, a distance of 70.58 feet; (18) thence south 70°24'54" east, a distance of 74.93 feet; (19) thence south 26°47'34" east, a distance of 122.66 feet; (20) thence south 52°31'43" east, a distance of 28.72 feet to the west line of Pope's 1000 Acre Grant; thence south 08'06'13" west along said west line, a distance of 291.35 feet to a point on the northerly right of way line of Little Rock East End Levee, Pulaski Drainage District No. 2; thence north 75°28'58" west along said northerly right of way line, a distance of 327.85 feet; thence south 14°39'02" west along said northerly right of way line, a distance of 327.85 feet; thence south 14°39'02" west along said northerly right of way line, a distance of 44.0 feet; thence north 75°28'53" west along said northerly right of way line, a distance of 696.30 feet; thence south 14°38'04" west along said northerly right of way line, a distance of 5.93 feet; thence north 75°31'00" west along said northerly right of way line, a distance of 259.84 feet; thence south 00°49'07" west, a distance of 88.56 feet to a point on the north right of way line of 3rd street; thence north 89°37'44" west along said north right of way line, a distance of 120.20 feet; thence north 89°22'33" west along said north right of way line, a distance of 179.82 feet; thence north 89'35'13" west, a distance of 107.48 feet to the point of beginning containing 13.068 acres, more or less. :►9 2nd Street Property Description (to be abandoned at a later date and prior to construction) Part of the Subdivision of the South Fractional '/z of the North Fractional % of Section 1, T -1-N, R -12-W, Little Rock, Pulaski County, Arkansas being more particularly described as follows: Commencing at the southwest corner of the northwest '/ of the North Fractional '/z of Section 1, Township 1 North, Range 12 West; thence east 1259.98 feet to a point of the west line of Lot 12, Block B of Fletcher and Clark's Addition; thence north 00°18'27" east along said west line, a distance of 195.03 feet to the point of beginning on the south right of way line of 2nd Street; thence south 89'51'18" west along said right of way line, a distance of 182.52 feet; thence north 00°18'27" east crossing said 2nd Street, a distance of 60.00 feet to a point on the north right of way line of 2nd Street; South 89'51'18" west along said north right of way line, a distance of 290.01 feet; thence south 00°08'42" west, a distance of 60.0 feet to a point of the south right of way line of 2nd street; thence south 89'51'18" west along said right of way line, a distance of 107.96 feet to the point of beginning containing 0.400 acres, more or less. SECTION 2. That the approval of JAPB, LLC Marina -Condo Project Revised Long -form PCD (Z -7919-A), located North of 3rd Street and East of Bond Street is subject to compliance with the following additional conditions: 2 • That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. SECTION 3. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 4. That the change in zoning classification contemplated for JAPE, LLC Marina -Condo Project Revised Long -form PCD (Z -7919-A), located North of 3'd Street and East of Bond Street is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 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. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 7. 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 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: APPROVED: City of Little Rock Clerk Mayor 3 APPROVED AS TO FORM: City Attorney rim moll-�: .0q u R Z -7919-A MARINA COVE � EFORM PCDG City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision November 9, 2007 The Holloway Firm 200 Cassey Drive Maumelle, AR 72113 Re: JAPB, LLC Marina -Condo Project Revised Long -form PCD (Z -7919- A), located North of 3rd Street and East of Bond Street Dear Sirs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on November 8, 2007: Approved with conditions. x Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Meeting. Other: Your request will be forwarded to the Board of Directors for final action on December 4, 2007. You or your representative will need to be present. The meeting begins at 6:00 pm and is held in the Board of Directors Chambers, 500 West Markham Street. If you have any questions please do not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator tae Motrowcay Einn, .Inc. Civil and Envir- nrnental Design Robert D. Holloway Prof. Engineer Registration Arkansas Mississippi Louisiana Alabama Prof. Land surveyor Registration Arkansas October 24, 2007 Dana Carney and Donna James Subdivision Administrators City of Little Rock Department of Planning and Development 713 West Markham Street Little Rock, AR 72201 200 Casey Drive Maumelle, AR 72113 ♦ Telephone (501) 851-8806 (501) 851-3366 Facsimile (501) 851-3368 E -Mail hollowayfirm@sbcglobal.net RE: Staff Comments Regarding the JAPB, LLC Marina -Condo Project Revised Long - form PCD, City of Little Rock, Pulaski County, Arkansas Dear Mr. Carney and Ms. James, We are writing in response to staff comments on the referenced project and also attaching changes. Obtaining a RFP or RFQ over the City properties has already begun and will be "stepped-up" upon the approval of the Long -form PCD. Currently, we are showing the walking and bike trail on the top of the levee; however, that could change if the levee board is not cooperative. We will attempt to coordinate with the Little Rock Parks Department to accomplish a link of access from the Clinton Library to the existing parks toward the East of this project. Our fuel storage is up above the Floodplain and out of the Floodway. Dumpster locations will be limited to accommodate the public part of the improvements separately from the private part. A dumpster location above and out of the Floodway is shown, however most of the solid waste for the condos will be collected inside the parking facilities. All "fuel storage" and "solid waste dumpsters" will be above the One Hundred Year Flood Plain. There will likely be one or two floors of the tower devoted to executive offices, and retail will be as shown on the floating marina facilities such as a restaurant, general retail, and obviously a convenience store as well as docking services for fuel and the restocking of typical supplies. Other retail shops will be available at the marina for miscellaneous and aquatic activities. The fencing will consist of the same type of Mediterranean wrought iron type of construction that is used for the building and will generally follow the South property line from the gate all the way to the East end of the project up to the floodway unless the ENGINEERING 4 DESIGN ♦ SURVEY/MAPPING The Holloway Firm, Inc. Page 2 fence interferes with floodway calculations. The maximum building height is 120 feet f above Elevation 253 with the tower extending another 30 feet f. We did request waivers in the initial letter of transmittal, one being that of waiving the detention requirement since all drainage would be ultimately into the Arkansas River and would not service the overall needs or the intention of the storm drainage detention policy in any significant way. The second waiver requested was to complete all of our fill in Phase I. We have also moved the schedule of the first tower to Phase H to start in 2008. We are asking for a variance of the requirement of "imminent" construction since that would require the hauling of heavy trucks across our Phase I construction to get to successive phases. In other words, we would have to endure repetitive heavy loads across 2nd Street, our entry facilities and succeeding facilities with every expansion. This has the potential of making a mud waller or dustbowl out of our whole project as we proceed from one phase to the other. There is only one entrance to the site and we have no need or wish to attempt to provide any invasion of the levee and are therefore limited in access to the site. The third waiver that we are requesting is to be relieved from the requirement for no parking in the floodway. As you may understand the Arkansas River even during extreme floods rises very slowly. There is no such thing as a "flash flood" on the Arkansas River. Rises in the Arkansas River especially at flood stages are covered in the newspapers, on radio, and on TV, therefore adequate notices are given as directed by the Corp of Engineers. Access gates to parking areas will be closed upon notice by the Little Rock District Corp of Engineers. The gates are shown across both public and private parking places. If the staff has additional concerns or needs clarification of any of the above please contact myself or Eric Holloway at 501-851-3366 and we will try to respond immediately or at the full Planning Commission Meeting. Respectfully Submitted, Robert D_ Hol way The Holloway Firm, Inc. Page 3 Cc: John Burkhalter Jerry Currence, Taggart-Foster-Currence-Gray Architects, Inc. Ed Fry, James Lee Witt Associates Mayor Mark Stodolla Planning Commission Members JAPB, LLC Marina -Condo Project City of Little Rock, Pulaski County Arkansas Phase I (2007-2008) ■ Fill in 100 year Flood Plan to Elevation 253.5 ■ Installation of Utilities ■ Construction of 2nd Street Extension ■ Construct 2 -Story Office Building ■ Landscape/Tree Planting ■ Underground Sprinkler System JAPB, LLC Marina -Condo Project City of Little Rock, Pulaski County Arkansas Phase II (2009) ■ Construct River Channel Wave Break (Boat Basin #1) ■ Construct Boat Slips ■ Construct Store/Harbor Master Building ■ Construct Fuel Islands JAPB, LLC Marina -Condo Project City of Little bock, Pulaski County Arkansas Phase III (20010-2011) ■ Construct First Condo Tower ■ River Channel Wave Break (Boat Basin #2) ■ Construct Boat Slips ■ Construct Restaurant JAPE, LLC Marina -Condo Project City of Little Rock, Pulaski County Arkansas Phase IV (2012-2014) ■ Construct 2nd Condo Tower ■ Construct Retail ■ Construct all Remaining Development t5 DATE: Citv of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 ober 1, 2007 ENTERGY (2) CenterPoint Energy AT & T (2) Central Arkansas Water Little Rock Wastewater Pulaski County Planning Little Rock Fire Department Public Works: Engineering, Traffic (2) Planning Zoning and Subdivision NAME: Marina Cove Revised Long -form PCD TYPE OF ISSUE: Planned Commercial Development FILE NUMBER: Z -7919-A LOCATION: North of 3rd and East of Bond Parks and Recreation Department Planning and Development — Site Plan Review Planning and Development Graphics CATA TO WHO IT MAY CONCERN: On November $, 2007, the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on October 12, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 18, 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerel Don a J mes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY October 15.2007. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: Enclosure ts DATE: City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax:. (501) 399-3435 or 371-6863 aber 1, 2007 ENTERGY (2) CenterPoint Energy AT & T (2) Central Arkansas Water Little Rock Wastewater Pulaski County Planning Little Rock Fire Department Public Works: Engineering, Traffic (2) Planning Zoning and Subdivision NAME: Marina Cove Revised Long -form PCD TYPE OF ISSUE: Planned Commercial Development FILE NUMBER: Z -7919-A LOCATION: North of 3rd and East of Bond ❑ Parks and Recreation Department ❑ Planning and Development — Site Plan Review ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: On November 8, 2407, the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on October 12, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 18, 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerel Don a J mes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY October l5, 2007. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of l0 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: E ure L Ort n mac' fiiroi S !-. • City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision DATE: ctober 1, 2007 19/ ENTERGY (2) ❑ CenterPoint Energy ❑ AT & T (2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning ❑ Little Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department NAME: Marina Cove Revised Long -form PCD TYPE OF ISSUE: Planned Commercial Development FILE NUMBER: Z -7919-A LOCATION: North of 3'd and East of Bond ❑ Planning and Development — Site Plan Review ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: On November 8, 2007, the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on October 12, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on October 18 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerel Don a J mes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY October 15, 2007. Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of I0 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: I� ramswp5I—March 27, 2006 Bozynski, Tony From: Floriani, Vince Sent: Monday, November 26, 2007 3:19 PM To: Hood, Mike; Bozynski, Tony; James, Donna Subject: FW: Public Notice No. 1993-11270 FYI From: Oxenrider, Tami D SWL[ma ilto:Tami.D. Oxen rider@sw102.usace.army.mil] Sent: Monday, November 26, 2007 1:18 PM Subject: Public Notice No. 1993-11270 November 26, 2007 U.S. Army Corps of Engineers, Little Rock District PUBLIC NOTICE No. 1993-11270-1 Applicant: Marina Cove, LLC Project Name: Marina Cove Condos Docking Facility The Little Rock District has posted a public notice to our internet home page: The subject PN describes work requiring a permit from the Little Rock District. It has been posted to our internet home page for review and comment. Click on the links below to view the PN: Text only (.html) - htfp;lhvww.swi.usace.army..millregulatary11993-1127Q.htin Text and drawings (.pdf) - http:tlwww.swl_usacc_army.millregulaiAoryl'199 _i1270.pdf Directions for submitting comments are contained in the Public Involvement section of the PN. PLEASE DO NOT REPLY TO THIS MESSAGE 11/27/2007 Page 1 of 1 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT: GENERAL LOCATION OR ADDRESS: North of 3rd and East of Bond Streets OWNED BY/APPLICANT: JAPD, LLC REQUEST: _ JAPB, LLC Marina -Condo Project Revised Long -form PCD (Z -7919-A), _a re nest to revise a previously approved Planned Commercial Development to allow the construction of a marina retail and residential housing on this site. NOTICE IS HEREBY GIVEN THAT an application for Planned Zoning Development of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L. R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on November S, 2007 at 4:40 P.M. This notice is provided in order to assure that area residents are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna James) at 371-4790. NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT GENERAL LOCATION OR ADDRESS: North of 3rd and East of Bond Streets OWNED BY/APPLICANT: JAPD LLC REQUEST: JAPB LLC Marina -Condo Project Revised Lan -form PCD LZ -7919-A), a re uest to revise a previously approved Planned Commercial Develo ment to allow the construction of a marina retail and residential housing on this site. NOTICE IS HEREBY GIVEN THAT an application for Planned Zoning Development of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L. R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on November 8, 2007 at 4:00 P.M. This notice is provided in order to assure that area residents are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna James) at 371-4790. ORGANIZATION OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT OCCUPANT ADDRESS 1720 E 3RD ST 1800 E 3RD ST 1801 E 3RD ST 1805 E 3RD ST 1807 E 3RD ST 1809 E 3RD ST 1817E3RD ST 2010 E 4TH ST 2014 E 4TH ST 2016 E 4TH ST 2019 E 4TH ST 405 FLETCHER ST 407 FLETCHER ST 411 FLETCHER ST APT UNIT ZIPCITY STATE LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR LITTLE ROCK AR ZIP Z NUMBEF 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A 72202 Z -7919-A City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE: October 2, 2007 TO: East Little Rock Neighborhood Association ATTENTION: Cassandra Blue ADDRESS: 1106 Apperson Street Little Rock, AR 72202 REQUEST: Marian Cove Revised Long -form PCD (Z -7919-A), a request to revise a Mr viousl a raved Planned Commercial Development to allow the construction of a marina, retail and residential housing on this site. _ GENERAL LOCATION OR ADDRESS: North of 3rd and East of Bond Streets OWNED BY/APPLICANT: JAPD, LLC NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning District of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on November 8, 2007 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE: October 2, 2007 TO: Hanger Hill Neighborhood Association ATTENTION: John Ellison ADDRESS: 1221 East 16`h Street Little Rock, AR 72202 REQUEST: Marian Cove Revised Long -form PCD (Z -7919-A), a request to revise a previously approved Planned Commercial Development to allow the construction of a marina, retail and residential housing on this site. GENERAL LOCATION OR ADDRESS: North of 3rd and East of Bond Streets OWNED BY/APPLICANT: JAPD. LLC NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning District of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on November 8, 2007 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development LITTLE R.00 NATIONAL AIRPORT Little Rock Municipal Airport Commission November 2, 2007 Tony Bozynski Director Planning and Development Department City of Little Rock 723 West Markham Little Rock, AR 72201 Dear Mr. Bozynski: Thank you for the opportunity to review the proposed JAPB, LLC Marina — Condominium project. The following comments are the relative to the Little Rock National Airport's review of the proposed development. 1. Part 77 Surfaces: No Issues The proposed development is outside the Part 77 surfaces for Runway 18-36. (See Map #1) 2. Noise Contours: No Issues The proposed development is outside the 60 db noise contour. (See Map 42) 3. Runway Protection Zone: No Issues The proposed development is outside Runway 18-36 runway protection zone (RPZ). 4. Land Acquisition Program Considerations: The proposed development is located in Area 2 of Little Rock National Airport's Land Acquisition Program, dated August 2005. This Area is defined as Area 2 and the date and funding of that acquisition has yet to be determined. Recommendations: The proposed marina development appears to be a mixed use (residential, retail, and commercial) site. Due to the proximity and use of the proposed development, certain measures are recommended to minimize any impact, singular or cumulative, to Little Adams Field One Airport Drive Little Rock, Arkansas 72202-4489 501-372-3439 FAX 501-372-0612 www. I i ttlerocka i rport. aero Rock National Airport. The following are recommendations to provide as a condition of approval of the site plan: 1. The notice of the development shall be filed with Federal Aviation Administration by submitting FAA form 7460-1, Notice of Proposed Construction or Alteration. Such notification can be filed electronically at https:llocaaa.faa.gov/oeaaalexternal /l3ortal. i sr). Little Rock National Airport will object to the development if the FAA determines such development will have an effect on instrument approach procedures at the Little Rock National Airport. 2. JAPB, LLC Marina shall provide an Avigation Easement to Little Rock National Airport at no cost to the airport. Attached find the standard fore that shall be executed by JAPB, LLC Marina and returned to the airport. 3. The development should provide construction methods to sound attenuate any interior residential and hotel rooms to achieve an interior sound level of 45 db or less with the windows closed and the doors shut. Thank you for the opportunity to review the site plan. Feel free to contact me if you have any questions. Sincerely, Judy M. Ross Director — Properties, Platming, and Development Attachments Record no. AVIGATION EASEMENT AND CONTRACT WHEREAS, hereinafter the "Grantors", are the owners in fee simple of a certain parcel of land located in Pulaski County, Arkansas, as more particularly described below; and, WHEREAS, the City of Little Rock acting by and through the Little Rock Municipal Airport Commission, hereinafter the "Commission", is the owner and operator of the Little Rock National Airport, hereinafter the "Airport", situated in Pulaski County, Arkansas, which is located in the vicinity of the Property (hereinafter defined); and, WHEREAS, the Commission desired to obtain and preserve, for the use and benefit of the Commission, the Airport, the operators, owners and users of aircraft of all types and for the public in general, a right of free and unobstructed flight in and through the airspace above, over, and across the Property, for aircraft approaching, landing upon, taking off from, maneuvering about, or operating on said Airport. NOW, THEREFORE, for and in consideration of the premises, the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors, do hereby grant, bargain, sell and convey unto the Commission, hereinafter the "Grantee", its successors and assigns forever, for the use and benefit of Grantee, the Airport, the operators, owners and users of aircraft of all types and for the public in general, a permanent and perpetual easement and right-of-way for the free and unobstructive flight and passage of aircraft ("aircraft" being defined for the purpose of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of, or flight in or through the air of any and all kinds, construction, size, character, and sound producing capabilities) by whomsoever owned or operated, in and through the airspace above, over and across the surface of the hereinafter described real property, together with the right to cause in said airspace such noise or other effects as may be inherent in the operation of aircraft for navigation of or flight or passage in and through said airspace, and for the use of said airspace by aircraft for approaching, landing upon, taking off from, maneuvering about or operating on the Airport. The real property over which said easement and right-of-way is situated is described as follows: Being part of the same property conveyed to Grantors by deed of record in Book , page , Pulaski County Court House. This easement is granted upon and subject to the following terms and conditions: SECTION 1. Grantors, for themselves, thdir heir's, assigns, successors, and legal representatives, hereby expressly release and forever discharge the Commission, legal representatives, officers, assigns, associates, employees, agents, and all others acting in concert with the Commission, from any and all claims, debts, liabilities, obligations, costs, expenses, actions, or demands, vested or contingent, known or unknown, whether in tort, contract, or otherwise, which the Grantors may now own or hold, or have at any time heretofore owned or held, or may at any other time own or hold by reason of noise, odors, vapors, smoke, or other effects as may be inherent in the operation of aircraft, caused or created by the flight or passage of aircraft in or through the airspace subject to the easement and right-of-way herein granted. This release is limited to such claims that may arise out of the normal operation of aircraft, and shalt not be operative for claims by Grantors or those claiming under Grantors for any physical or personal injury caused by falling aircraft or falling physical objects from aircraft (except as stated herein with respect to noise, odors, vapors, smoke, or other effects as may be inherent in the operation of aircraft). SECTION II The easement and right-of-way granted herein, and all the terms, conditions and provisions contained herein are intended to and shall run with the land, and shall be binding upon and shall inure to the benefit and use of Grantors, their heirs, successors and assigns, and Grantee, its successors and assigns forever. SECTION III. Whenever under the terms hereof any notice is required or permitted to be made, such notice shall be deemed sufficient only if in writing and delivered personally or sent by certified mail, return receipt requested, postage prepaid, addressed to Grantor at the address of the Property and to the Grantee at Little Rock Municipal Airport Commission, One Airport Drive, Little Rock, Arkansas 72202. Change of address may be affected by giving written notice as provided above. SECTION IV. In the event one or more of the provisions contained in this instrument or any part thereof or any application thereof shall be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions or parts hereof contained herein and any application thereof shall not in any way be affected or impaired thereby TO HAVE AND TO HOLD the said easement and right-of-way and all of the rights appertaining therein to the Grantee, its successors and assigns, until the said Airport shall be abandoned and shall cease to be used for public airport purposes; and Grantors do for themselves and their heirs, successors, and assigns, hereby covenant with the said Grantee, its successors and assigns, that Grantors are lawfully seized and possessed of the aforesaid real property in fee simple, have a good right and full power to grant, bargain, sell and convey the aforesaid easement and right-of-way over said real property in the manner aforesaid, and that the same are free and clear of all liens and encumbrances whatsoever (except those noted by signature of mortgage holders below); and Grantors do further covenant and bind themselves, their heirs, successors, and assigns, to warrant and forever defend the title to the said land and easement and right-of-way to the said Grantee, its successors and assigns, against the lawful claims of all persons whomsoever. Dated this day of , 20 GRANTOR: STATE OF ARKANSAS) COUNTY OF PULASIq Personally appeared before me, Notary Pubhc of said county and state. I and the within named grantors, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that they executed the within instrument for the purposes therein contained. Witness my hand and seal, at office, this Notary Public [SEAL] My Commission Expires: day of 2007 We, the holders of outstanding mortgages on the above property agree and consent to the granting of this easement and right-of-way and agree and consent that said easement and right-of-way has been validly granted and shall run with the land and shall not be extinguished due to subsequent sale or transfer of the real property over which said easement and right-of-way is situated and shall insure the benefit and use of Grantors, their heirs, successors and assigns and grantee, its successors and assigns forever. MORTGAGEE 53 Its: ATTEST: By: STATE OF ARKANSAS) COUNTY OF PULASII) Personally appeared before me; , Notary Public of said county and state. and, the within named mortgagee, with whom I am personally acquainted (or proved to rue on the basis of satisfactory evidence), and who acknowledged that they executed the within instrument for the purposes therein contained. Witness my hand and seal, at office, this day of Notary Public [SEAL] My Commission Expires: 20 The gfoffoway Finn, Inc. Civil and Environmental Design Robert D. Holloway Prof. Engineer Registration Arkansas Mississippi Louisiana Alabama Prof. Land Surveyor Registration Arkansas October 1, 2007 Dana Carney and Donna James Subdivision Administrator City of Little Rock Department of Planning and Development 713 West Markham Street Little Rock, AR 72201 200 Casey Drive Maumelle, AR 72113 ♦ Telephone (501) 851-8806 (501) 851-3366 Facsimile (501) 851-3368 E -Mail hollowayfinn@sbcglobal.net RE: Preliminary Development Plan of JAPB, LLC Marina -Condo Project, City of Little Rock, Pulaski County, Arkansas Dear Mr. Carney and Ms. James, The Project will be located at the end of East 2nd Street in Little Rock, Arkansas. The Condominium/Marina Project will consist of four phase projects with the initial phase of construction projected to start in 2008 with final phase completed by 2014. The Project will create a unique community where people can live, work, shop, and play all in one place. There are two different developments planned for this site. The Master Plan for the site shows the two separate developments. The Condominium Development and the Marina Development, each have their own stand alone merits. The Condominium Development consists of 268 residential units, 250 storage units, and includes 700 parking spaces. The development site lies south of the floodway line on the property where the existing elevation is approximately 252.00. The 100 -year flood elevation at the site is 252.00. Three buildings are planned for the Condominium Development with building number 1 being a two story structure that will be used as the Development Office for each separate development. The Development Office will be used for the marketing, selling, leasing, construction, and maintenance of the Condominium Development and will also be used for management of the Condominium Development after the condominium buildings are completed. Building numbers 2 and 3 will each be ten story buildings. The first three floors of each will be utilized for parking. The remaining seven floors will be a mixed use of residential condominiums/apartments, and offices. The Condominium Development will reflect a Mediterranean Architectural style that utilizes ENGINEERING ♦ DESIGN ♦ SURVEY/MAPPING Page 2 The Holloway Firm JAPB, LLC Marina -Condo Project environmentally friendly LEED Certified green construction. The Development will be a Gated Community with 24 hour Security. The Marina Development consists of 13 docks which contains 450 watercraft slips. The development lies north of the floodway line to the edge of the southern navigation channel line in the Arkansas River. Two Boat Basins are to be built for the Marina Development. Boat basin numbers 1 and 2 will have a manmade floating wave break protecting the harbor from wave entry and river debris. The Marina Development will be a full service facility that includes: marine fuel, transient boat dockage, a neighborhood market complete with: grocery, tackle, bait, hardware, laundry and shower facilities, full service restaurant, fishing pier and public walking promenades. Covered and uncovered boat slips will be provided for boats ranging in size from personal water crafts to yachts of 130 feet in length. Shore service for the boat slips will include dockside lighting, fresh water, outlets for single and three phase electricity, slip -side pump out stations and boat cleaning. The floodway property will include pavement for unloading and parking. The Marina Development will reflect a Mediterranean Architectural style that utilizes environmentally friendly LEED Certified green construction similar to the Condominium Development. The Owner of the Marina -Condo Project has discussed with Little Rock City Staff the concept of creating a City Park on the property with the strong possibility of including a public launch ramp. Extending the River Trail System, which currently ends at the east end of President Clinton Gardens, to the east end of the project has also been discussed with the City's Park Department. The phasing of the Marina -Condo Project will be shown on the Phase Development Plan, which is also attached. As you can see, the initial phases begin at the west end of the property. Waterlines for fire flow along with other utility systems need to extend all the way from the west to the east end of the property. The earthwork must be completed to final grade on the south side of the floodway first, in order that other phases of development may proceed without tearing up the initial. phase and successive phases by the weight of heavy trucks traveling across the construction areas. We are therefore requesting a variance from the Ordinance regarding that the first tower be eminent construction as a hardship because there is no other place to take access or haul material across the levee, except through what we have designated as Phase 1. We have already secured the certified list of affected property owners from American Abstract and Title Company. We will be sending out the required notices to all property Page 3 The Holloway Firm JAPB, LLC Marina -Condo Project owners within 200 feet of the Marina -Condo Project the same day as this submission. The Zoning Variance Sign will be posted after attaining the same from your office. We also request a waiver for storm drainage detention since all of the runoff from the Marina -Condo Project will run into the Arkansas River which will be totally unaffected by any detention that might be accomplished on the site. The drainage area for the Arkansas River goes back to the State of Colorado. Any flow that would extend from this site directly into the river would be totally insignificant. Therefore we request that the detention requirement be waived also. On behalf of the Owner, Mr. John Burkhalter, we are hereby requesting the rezoning of the properties to PZD from PCD, the approvals of the Preliminary Development Plan and the requested waivers described herein. tfully sub itted, Robert D. Holloway Cc: John Burkhalter Mayor Stodola Central Arkansas Water Entergy Little Rock Waste Waster Utility JAPB, LLC Marina -Condo Project City of Little Rock, Pulaski County Arkansas Phase I (2007-2008) ■ Fill in 100 year Flood Plan to Elevation 253.5 ■ Installation of Utilities ■ Construction of 2nd Street Extension ■ Construct 2 -Story Office Building ■ Landscape/Tree Planting ■ Underground Sprinkler System JAPB, LLC Marina -Condo Project City of Little Rock, Pulaski County Arkansas Phase II (2009) ■ Construct River Channel Wave Break (Boat Basin #1) ■ Construct Boat Slips ■ Construct Store/Harbor Master Building ■ Construct Fuel Islands JAPB, LLC Marina -Condo Project City of Little Rock, Pulaski County Arkansas Phase III (20010-2011) ■ Construct First Condo Tower ■ River Channel Wave Break (Boat Basin #2) ■ Construct Boat Slips ■ Construct Restaurant JAPE, LLC Marina -Condo Project City of Little Rock, Pulaski County Arkansas Phase IV (2012-2014) ■ Construct 2nd Condo Tower ■ Construct Retail ■ Construct all Remaining Development BILL OF ASSURANCE OF JAPB SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: WHEREAS, JAPB, LLC, an Arkansas limited liability company, (the "Grantor"), is the sole owner of certain real property lying in the County of Pulaski, State of Arkansas as described in Exhibit A (the "Property"); and, WHEREAS, it is deemed desirable by Grantor that the Property be subdivided into lots (the "Lots"), and Common Areas (as hereafter defined), and as shown on the Plat (as hereafter defined); and, WHEREAS, by this Plat and Bill of Assurance, Grantor intends to create for its benefit, and for the mutual benefit of all future owners of all or a portion of the Property, certain rights, easements, covenants and conditions governing the use, enjoyment and maintenance of the Property; NOW, THEREFORE, JAPB, LLC, the sole owner of the Property, for and in consideration of the benefits accrued and to accrue to it, which benefits are hereby acknowledged to be of value, has caused a plat, a copy of which is attached hereto as Exhibit `B," showing surveys made by Robert D. Holloway of The Holloway Firm, Inc., Registered Professional Engineer, and bearing a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex -officio Recorder of Pulaski County, Arkansas, in Plat Book , Page , or as Instrument Number (the "Plat"), and Grantor does hereby make this Bill of Assurance. The Plat shows the bounds and dimensions of the Property now being subdivided into Lots and Common Areas. There are also shown on the Plat certain easements for drainage and utilities which Grantor does hereby donate and dedicate to and for the use by public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in supplying the same, and to the extent set forth herein, to the owners of abutting lots, to use and occupy such easements and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The Plat further contains access easements for providing access to the Lots for the benefit of and to be shared by the owners of Lots in the Subdivision. The filing of this Bill of Assurance and Plat for record in the Office of the Circuit Clerk and Ex - Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of these easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "JAPB Subdivision, an addition to the city of Little Rock, Pulaski County, Arkansas," (the "Subdivision"), and every deed of conveyance for any Lot or Tract in said Subdivision describing the same by the number or numbers shown on the Plat shall be deemed a sufficient description thereof. Grantor will develop and convey all of the Property pursuant to a general plan for all of the Property and the Property shall be held, sold, conveyed, encumbered, used, occupied, and improved subject to certain restrictive covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, all of which shall run with the Property as set forth herein or as subsequently filed by the Grantor, and are for the purpose of uniformly enhancing the value, appearance, and desirability of the Property in furtherance of a general plan for the protection, maintenance, improvement, and sale of the Property. The restrictive covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, as contained herein or in a separate document, shall JAPB SUBDIVISION Page 1 of 6 BILL OF ASSURANCE run with the Property and shall be binding upon all persons having any right, title, or interest in the Property, or any portion thereof, their heirs, successors and assigns. The restrictive covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, shall inure to the benefit of every portion of the Property and every interest therein and shall inure to the benefit and be binding upon Grantor and its successors -in -interest and may be enforced by Grantor or its assigns or successors -in - interest or by the property owners' association as provided below. Nothing contained herein shall be deemed or construed to prohibit or restrict Grantor's right to complete the development of the Property and the construction of any improvements on the Property nor Grantor's right to construct and maintain demonstration homes and offices for construction and/or sales on the Property nor shall Grantor be restricted in any way from posting signs incidental to the construction, development or sale of any portion of the Property. The Property platted by this instrument and any interest therein shall be held and owned subject to and in conformity with the declarations and covenants set forth herein and in covenants and restrictions to be filed by the Grantor which shall be construed to be covenants running with the Property and shall be binding on all owners of the Lots in the Subdivision and upon their heirs and assigns, subject to being amended or canceled as provided hereafter, until such time as this Bill of Assurance shall terminate in accordance with section (g) of Article V. Grantor reserves the right to assign and transfer any or all of its powers under this Bill of Assurance to an Arkansas nonprofit corporation to be known as the JAPB Property Owners' Association, Inc. (the "Association"), embracing all of the Subdivision. Each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to fully abide by and comply with the Articles of Incorporation and By -Laws of the Association, as amended from time to time. "Common Area" shall mean all of the real property and improvements as determined by the Grantor to be common areas, which may include, without limitation, a clubhouse, marina, docks, slips, pool, playground, putting green, parking spaces, landscaped areas, private roadways, parking, parking deck, walkways, and gazebos, as shown on the Plat, which shall be for the common use and enjoyment of all of the owners in the Subdivision or as determined by the Grantor. Fee simple title to all or part of the Common Area and the management and maintenance thereof shall be conveyed to the Association by Grantor at times appropriate to the development as solely determined by the Grantor. ARTICLE I ARCHITECTURAL AND LANDSCAPING CONTROL With the exception of improvements constructed or approved by the Grantor, no owner shall make or permit to be made any structural alteration, repair, replacement, improvement or addition in or to the unit on his or her Lot or in or to the exterior of the dwelling unit and no building or other structure shall be erected, placed, altered or permitted to remain on any Lot until the building plans, specifications, exterior colors scheme, building materials, and plot plan showing the location, size and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations, have been approved in writing by the Grantor or the Association. Further, no alterations to the buildings or to the landscaping on any Lot or the placement of any fences on any Lot or the Common Area may be made until such alterations or fences have been approved in writing by the Grantor or the Association. In the event the Grantor or the Association shall fail to approve or disapprove any plans, specifications, exterior colors scheme, building materials, plot plan, fencing or landscaping plan submitted to the Association as herein required within thirty (30) days after such submission, this covenant shall be deemed to have been JAPB SUBDIVISION Page 2 of 6 BILL OF ASSURANCE fully met by the person submitting such plans for approval. Nothing herein contained nor the required consent of the Grantor or the Association shall in any way be deemed to prevent any owner of any Lot from maintaining any legal action relating to the improvements within the Subdivision, which they would otherwise be entitled to maintain. There shall be no compensation to the Association for the services to be performed pursuant to this provision. ARTICLE II EASEMENTS Easements of way for private drives are shown on the Plat and the persons, firms or corporations engaged in supplying public utility services including, but not limited to, electric power, gas, telephone, cable television, water and sewer, shall have the right to use and occupy said easements for the installation, maintenance, repair and replacement of such utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been reserved, said easements being of various widths, reference being hereby made to the Plat for a more specific description of the width and location thereof. Easements designated on the Plat are solely for the use and benefit of the utility designated. The electric and telephone facilities are underground, and it is necessary for the electric and telephone utilities to have special provisions to protect their facilities. Any alterations or lowering of the surface grade of the ground in any easements and the area immediately adjoining such easements are prohibited which would result in there being less than thirty (30) inches of clearance either horizontally or vertically between the surface grade and the underground electric cables and conductors supplying electric power and service. The electric distribution transformer stations and service pedestals are located on surface grade. Any fills within the area of said easements and upon the lands adjacent thereto which will damage or interfere with the installation, maintenance, operation or replacement of the electric and telephone cables, facilities or equipment, and the supplying of services from such equipment are also prohibited. No trees, incinerators, structures, buildings, pavement or similar improvements or alterations shall be grown, built or maintained within the area of such utility easements. No excavations within the area of such easements for the erection of any fences or for any purpose shall be made which would interfere with the installation, maintenance, repair or replacement of any utility service. In the event trees, incinerators, structures, fences, buildings, pavement or similar improvements or alterations shall be grown, built or maintained within the area of such easements, no utility service provider shall be liable for the destruction of the same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. ARTICLE III ENFORCEMENT The covenants, agreements and restrictions herein set forth or in applicable covenants and restrictions, shall run with the title of the Lots in this Subdivision and bind the present owners and their heirs, successors and assigns, future owner and their heirs, successors and assigns, and all parties claiming by, through, or under them shall be bound by the covenants and agreements herein set forth and contained. None shall be personally binding on any person, persons, or corporations except with respect to breaches committed during its, his or their holding of title to Lots in the Subdivision. Any owner or owners of Lots in this Subdivision, Grantor, or the Association shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of any of the covenants, agreements or restriction contained herein together with any other rights to which they might otherwise be entitled under the state of Arkansas. JAPB SUBDIVISION Page 3 of 6 BILL OF ASSURANCE ARTICLE IV ANNEXATION OF ADDITIONAL PROPERTY Grantor may cause additional real property to be annexed to the Property and such additional real property may become subject to the provisions of this Bill of Assurance in the following manner: (a) Grantor, on behalf of itself and its successors or assigns, reserves the right to subject to this Bill of Assurance other real property that it now owns or may hereafter acquire that is adjacent to and contiguous with the Property, or would be adjacent to and contiguous with the Property but for intervening streets, roads, or easements, that it may develop and make a part of the Subdivision. Grantor, on behalf of itself and its successors or assigns shall have and does hereby reserve the right from time to time and for so long as Grantor owns contiguous property to subdivide all or any portion of the same into additional tracts by the filing of a plat designating such tracts on the records of Pulaski County, Arkansas, and upon such filing the number of lots located in the Subdivision shall be increased to include such additional lots, which shall enjoy all of the rights and privileges of the original lots within the Subdivision. (b) Additional property and common area may be annexed to the Property and brought within the general plan and scheme of this Bill of Assurance (with certain changes as Grantor may solely determine) and the jurisdiction of the Association in future stages of development without the approval or consent of the Association, its Board of Directors, or its members. (c) The additions authorized under subsections (a) and (b) of this Article IV shall be made by filing of record a Notice of Addition of Additional Property, or similar instrument, executed by Grantor, or its successors or assigns, in the Office of the Circuit Clerk and Ex -officio Recorder of Pulaski County, Arkansas, expressly stating its intentions to so annex and describing such additional lands to be so annexed and the covenants, easements, and restrictions applicable thereto. The filing of the Notice of Additional Property, along with a plat thereof identifying the same as an additional phase of the Subdivision, shall constitute and effectuate the annexation of the real property described therein and thereupon the real property shall become and constitute a part of the Property and will become subject to the provisions of this Bill of Assurance (with certain changes as Grantor may solely determine) and shall further become subject to the functions, powers and jurisdiction of the Association and subject to assessment to the same extent as if it were initially included in the Property, and the owners of lots in the annexed property shall automatically become members of the Association. Such Notice of Addition may include such additions and modifications of this Bill of Assurance with respect to the additional property as Grantor may deem appropriate, in its sole discretion, in the development of the additional property. (d) Grantor is the owner of property in the vicinity of the Property, some of which is contiguous thereto, which property is not now subject to this instrument, may never become subject to this instrument, and may be developed by Grantor in a manner that does not conform to the requirements of this instrument. All such property of Grantor not made specifically subject to this instrument by a written and appropriately recorded document executed by Grantor evidencing its intention to subject such property hereto will in no way be burdened or bound by this instrument or any restrictive covenants in equity, equitable easements, equitable servitudes, implied restrictive covenants in equity or implied reciprocal negative easements, covenants or servitudes or any other restriction, condition, covenant or servitude according to any doctrine or theory that could in any way be construed to impose the provisions of this instrument on any such property of Grantor not made subject specifically thereto in writing and recorded. JAPB SUBDIVISION Page 4 of 6 BILL OF ASSURANCE ARTICLE V GENERAL PROVISIONS (a) The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not effect the validity or enforceability of any other provision hereof. (b) The provisions of this Bill of Assurance shall be liberally construed to effectuate their purpose of creating a uniform plan for the development of a residential community and for the maintenance of the Common Area. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine and neuter shall each include the masculine, feminine and neuter. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce that provision or any other provision hereof at any future time. (c) Nothing contained in this Bill of Assurance shall be deemed to be a gift or dedication of all or any part of the Property to the public, or for any public use. Without limiting the generality of the foregoing, the streets and roadways in the Subdivision are private and not public. (d) No representations or warranties of any kind, express or implied, have been given or made by Grantor or its agents or employees in connection with the Property or any portion thereof or any improvements thereon, its physical condition, zoning, compliance with applicable laws, fitness for any intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof as a planned development, except as expressly stated herein. (e) Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by ordinary mail. If delivery is made by ordinary mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such notice, or to the residence of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. (f) Every person who owns, occupies or acquires any right, title, estate or interest in and to any Lot or other portion of the Property does and shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, reservation, condition and covenant contained herein or referenced herein, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in the Property or any portion thereof. (g) All persons or corporations who now or shall hereafter acquire any of the Lots in this Subdivision and their heirs, successors and assigns agree to conform to and observe the restrictions, covenants and stipulations contained herein for a period of twenty-five (25) years from the date of recordation of this Bill of Assurance and this Bill of Assurance and the restrictions, covenants and stipulations contained therein shall thereafter automatically extend in effect for successive periods of ten (10) years unless prior to the end of the original term or any successive term of the application hereof a majority of the then owners of Lots in the Subdivision agree to the expiration of the applicable term. These covenants may be amended at any time by the owners of two-thirds of the Lots in the Subdivision. No change in these covenants in the manner herein set forth shall be valid unless the same shall be placed of record in the office of the Recorder of Pulaski County, Arkansas, duly executed and acknowledged by the requisite number of owners. JAPB SUBDIVISION Page 5 of 6 BILL OF ASSURANCE (h) Anything to the contrary herein notwithstanding, until ninety (90%) percent of the Lots shown in the Plat are sold and conveyed, Grantor shall have the right from time to time, without the approval of the owners of any Lots or the Association to amend the provisions hereof, for the purpose of facilitating the marketing of the Lots, of complying with the requirements pertaining to the Property made by financial institutions, title insurance companies or governmental authorities, or for any other reasonable purpose; provided that no such amendment will reduce the size of any Lot or the improvable area of a Lot without the express consent of the owner so affected. IN WITNESS WHEREOF, this instrument has been executed this _ day of October, 2007. JAPB, LLC By:_ Title: ACKNOWLEDEGMENT On this day of October, 2007, before the undersigned, a Notary Public, duly commissioned, qualified and acting within and for the County and State, appeared in person the within named to me personally well known, who stated that he was the member/manager of JAPB, LLC, a limited liability company, and was duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of May, 2007. My Commission Expires: Approved: Little Rock Planning Department LM Notary Public JAPB SUBDIVISION Page 6 of 6 BILL OF ASSURANCE lfpzd.doc 2 09/22/05 INFORMATION SHEET FOR SUBDIVISION PZD's, ZONING OR SUBDIVISION §ITE PLAN REVIEWS ITEM NO.DATE September 21,2007 FILE NO. ? — '19Iq A NAME: JAPB, LLC Marina -Condo Project LOCATION: The end of East Second Street East of Bond Street DEVELOPER: JAPB, LLC John Burkhalter - Managing Member STREET ADDRESS 26 Collins Industrial CITY/STATE/ZIP North Little Rock, Arkansas 72113 TELEPHONE NO. 501-539-3003 ENGINEER: Robert D. Holloway, The Holloway Firm STREET ADDRESS 200 Casey Drive CITY/STATE/ZIP Maumelle, Arkansas 72113 TELEPHONE NO. 501-851-3366 AREA 11.4 acres +/- NUMBER OF LOTS 1 FT. NEW STREET 400 feet +/- ZONING PCD PLANNING DISTRICT VARIANCES REQUESTED 1.) 2.) 3.) 4.) PROPOSED USES Marina, Commercial & Residential Use CENSUS Ifpzd.doc 3 APPLICATION FOR PLANNED ZONING DEVELOPMENT - LONG FORM CASE FILE NO. Z - PLANNING COMMISSION MEETING DOCKETED FOR November 8, 2007 at 4:00 p.m. 09/22/05 Application is hereby made to the Board of Directors of Little Rock, Arkansas through the Planning Commission pursuant to Arkansas law on City planning, Act 186 of 1957, Acts of Arkansas, and Section 36 of the Little Rock Code of Ordinances as amended, petitioning for classification of the following described area as a Long Form Planned Development. Legal Description: See Attachment'A' Title to this property is vested in: JAPB, 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 to PZD Present Use of Property: Vacant District. Desired Use of Pronecty: PZD Marina, Commercial and Residential District 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 I957 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 in interest, including owners of land within 200 feet of the boundary of the area under consideration as required by the rules 6Yjthekohftssi , an thg the cost of these notices shall be borne by the applicant. (OW NE MAIL ADDRESS - 26 Collins Industrial, North Little Rock, AR 72113 or (AGE HOME PHONE: 501-539-3003 BUSINESS PHONE. 501-753-6400 FILING FEE: P.C. APPROVED: L L (ol Collectors P.C. DENIED: { paid stamp BD. OF DIR. APPROVED: �� �� f I)--) here ORDINANCE NO. 1 Signature o&%=etary of Commission or Authorized Agent lfpzd.doc 4 09/22/05 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at: The end of East Second Street East of Bond Street (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) n/a (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: JAPB, LLC (NAME OF OWNER) 26 Collins Industrial, North Little Rock, AR 72113 (ADDRESS OF OWNER) Number of proposed lots: 1 ; Proposed use of property: For Marina, Commercial and Residential Use 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 PZD 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 November B, 2007 at 4:00 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) (Name) (Date) Ifpzd.doc 5 09/22/05 PLAN REVIEW CRITERIA ZONING, SUBDIVISION, CONDITIONAL USE, VARIANCE OR P.Z.D. The following list is the minimum criteria for submittal of a Site Plan Review issue, whether for Planning Commission or Board of Adjustment approval. This information shall be included in all submittals on or before the docket closing date for the issue involved. It may be necessary for individual development applicants to contact either the City Engineer or the utility companies for purposes of determining this information. a. All permanent buildings and structures proposed or existing with dimensions on the buildings and setbacks from property lines. b. All parking areas, whether existing or proposed, and the radius on all drive lanes, curves or turns. C. All points of ingress or egress to the site from adjacent streets or properties and dimensions of drives. d. All drives and streets intersecting all boundary streets across from the site are to be indicated and properly dimensioned. e. Availability of public utilities, indicating the line size and location. f. All on-site fire hydrants, both existing and proposed. g. All on-site water systems, both existing and proposed. h. All property lines with dimensions. i. Existing right-of-way dimensions on abutting streets and all street names clearly delineated. j. Areas within the development site to be devoted to landscaping. k. Provide the required number of handicap parking spaces. The above material being a minimum criteria for submittal will be viewed as necessary in order to review an application. Failure to disclose any of this material or provide same on the site plan may be cause for withdrawal or deferral of your request. IFpzd.doc 6 AFFIDAVIT I John Burkhalter authorize Robert D. Holloway JAPB, LLC Marina -Condo Project Property described as: See Attachment 'A' 09/22/05 certify by my signature below that I hereby 9-21-07 Holder Date Subscribed and sworn to me, a Notary Public on this September 2007 My Commis_'�g (=/'� to act as my agent regarding the of the below described property. ��c��" KELL`t s IQM�y Public, Swe c&AAMom C_m of While WCommimion isy. M=012 lfpzd.doc 7 STREET RIGHT-OF-WAY AGREEMENT 09/22/05 CASE NO. Z- LOCATION/ADDRESS The end of East Second Street East of Bond Street DATE 9-21-07 DOCKETED FOR MEETING ON November 8, 2007 @ 4:00 PM I John Burkhalter , do hereby agree/disagree to dedicate to the public any needed right-of-way as required by the Master Street Plan for a public street abutting property on which I am requesting Planned Zoning District. I John Burkhalter , agree/disagree to provide at my expense an easement deed and/or other documents as necessary conveying such right-of-way to the public. APPLICANTIOWNER DATE 9-21-07 (IF THE ABOVE SIG URE 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.) The gfolfoway firm, Inc. Civil and Environmental Design Robert D. Holloway Prof. Engineer Registration Arkansas Mississippi Louisiana Alabama Prof. Land Surveyor Registration Arkansas October 1, 2007 Dana Carney Subdivision Administrator City of Little Rock Department of Planning and Development 713 West Markham Street Little Rock, AR 72201 200 Casey Drive Maumelle, AR 72113 ♦ Telephone (501) 851-8806 (501) 851-3366 Facsimile (501) 851-3368 E -Mail hollowayfirm@sbcglobal.net RE: JAPB, LLC Marina -Condo Project, City of Little Rock, Pulaski County, Arkansas Dear Mr. Carney, Please find attached a copy of the Certified Abstract list of all owners of land lying within 200 feet of the boundary of the property located at the end of East Second Street east of Bond Street for the above -referenced project. I have also included a copy of the Certified Mail Receipts and the Affidavit of mailing proof. If you need further information regarding the above, please don't hesitate to call. ENGINEERING ♦ DESIGN ♦ SURVEY/MAPPING lfpzd.doc 4 09/22/05 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at: The end of East Second Street East of Bond Street (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) n/a (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: JAPB, LLC (NAME OF OWNER) 26 Collins Industrial, North Little Rock, AR 72113 (ADDRESS OF OWNER) Number of proposed lots: 1 Proposed use of property: For Marina, Commercial and Residential Use 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 PZD 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 November 6, tom at 4:00 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 owne , 4eve. within 200 feet of the above property that subject property is being considered for raxoni a Public );[caring is to be held by the Little Rock Planning Commission at the time and ac esen Applicant (Owner or Authorized Agent) '_� V v . k (Name It$ lo t American Abstract and Title Company 12814 Cantrell Road Little Rock, AR 72223 501-227-8603 File # OS275 Date: 9-24-07 Legal Description: Deeded: Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot "D", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin on the 1/2 section line being 1560.00 feet East of the Southwest corner of the Northwest 1/4 of said North fractional 1/2 Section 1; thence North 00 degrees 49 minutes 07 seconds East 88.56 feet to found iron pin and the point of beginning; thence North 00 degrees 50 minutes 00 seconds East 194.60 feet to a point on the top bank of the South bank of the Arkansas River; thence along said top bank in a Easterly direction 1400.70 feet; more or less to a point on the West line of Lot 5, Pope's 1000 Acre Grant; thence along said West line, South 08 degrees 06 minutes 13 seconds West 27.09 feet to a found iron pin; thence continuing South 08 degrees 06 minutes 13 seconds West 264.26 feet to a found iron pin on the North Right-of-way line of the Little Rock East End Levee; thence along said North Right-of-way line, North 75 degrees 28 minutes 58 seconds West 327.85 feet to a found iron pin; thence continuing along said North Right-of-way line South 14 degrees 39 minutes 02 seconds West 44.00 feet; thence continuing along said North Right-of-way line North 75 degrees 28 minutes 53 seconds West 696.30 feet to a found iron pin; thence continuing along said North Right-of-way line South 14 degrees 38 minutes 04 seconds West 5.93 feet to a found iron pin; thence continuing along said North Right-of-way line, North 75 degrees 31 minutes 00 seconds West 259.84 feet to the point of beginning, containing 8.958 acres more or less. Measured: Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot T", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest Corner of the Northwest Quarter of the North fractional 1/2" of Section 1; thence South 90 degrees 00 minutes 00 seconds East for 1560.00 feet to a found 1/2" rebar; thence North 01 degrees 50 minutes 43 seconds East for 88.58 feet to the a found 1/2" rebar also being the point of beginning; thence North 01 degrees 54 minutes 24 seconds East 194.60 feet to a set iron pin; thence North 15 degrees 25 minutes 07 seconds East for 180.23 feet to a point on the ordinary high water line of the South side of the Arkansas River; thence continuing in an easterly direction along the said ordinary high water line the following courses and distances: North 80 degrees 27 minutes 13 seconds East for 48.62 feet; North 89 degrees 30 minutes 27 seconds East 82.62 feet; North 77 degrees 29 minutes 15 seconds East for 77.22 feet; North 32 degrees 28 minutes 26 seconds East for 246.18 feet; South 25 degrees 31 minutes 21 seconds West for 172.59 feet; South 12 degrees 53 minutes 17 seconds West for 74.83 feet; South 20 degrees 45 minutes 48 seconds West for 179.82 feet; South 83 degrees 22 minutes 07 seconds East for 242.73 feet; South 87 degrees 07 minutes 02 seconds East for 120.31 feet; North 85 degrees 27 minutes 38 seconds East for 443.12 feet; South 78 degrees 32 minutes 50 seconds East for 186.05 feet; South 19 degrees 48 minutes 09 seconds East for 121.68 feet; South 81 degrees 53 minutes 54 seconds East for 26.92 feet; thence leaving said ordinary high water line South 08 degrees 06 minutes 06 seconds West for 62.71 feet to a set iron pin also being a point on the West line of Lot 5, Pope's 1000 Acre Grant; thence along said West line South 09 degrees 10 minutes 37 seconds West for 27.09 to a found 1/2" rebar; thence South 09 degrees 10 minute 37 seconds West for 264.20 feet to a found 1" pipe on the North Right-of-way line of the Little Rock East End Levee; thence leaving said West line along said North Right-of-way North 74 degrees 24 minutes 34 seconds West for 327.79 feet to a found 1/2" rebar; thence South 15 degrees 43 minutes 26 seconds West for 44.00 feet to a said iron pin; thence North 74 degrees 24 minutes 29 seconds West for 696.30 feet to a found 1/2" rebar; thence South 15 degrees 42 minutes 28 seconds West for 5.93 feet to a found 1/2" rebar; thence North 74 degrees 26 minutes 36 seconds West for 259.83 feet to the point of beginning containing 11.3783 acres more or less. Property Address: NA This is to certify that we have checked the records of Pulaski County, Arkansas relative to the above-described land and the following represents the apparent owners lying within 200 feet thereof: 1) Lee Ella Piggee 1817 W 3rd St Little Rock, AR 72202 2) Double H. Holdings, LLC. 701 W 7 I Little Rock, AR 72201 3) Gwendolyn Sanders 408 Reichardt Little Rock, AR 72202 4) James C. Carol Carol Wilson 15241 Durnford Dr Miami Lakes, FL 33014 5) Haybar Properties, LLC. PO Box 3397 Little Rock, AR 72203 6) Laurice J. Jones 2722 S Chester Little Rock, AR 72206 7) Bland Coulter 1315 South Washington Compton, CA 90221 8) Rylwell, LLC. 2900 Percy Machin North Little Rock, AR 72114 9) LR School District 810 W Markham Little Rock, AR 72201 10) Texas Eastern Trans Corp PO Box 1642 Houston, TX 77252 11) City of Little Rock 500 W Markham, Rm 338 Little Rock, AR 72201 This ownership search is a limited search of the records and is not to be construed as a Title Insurance Policy, Legal Opinion, or Commitment to Insure. The addresses shown were obtained from the current tax records and directories. Therefore we cannot guarantee their validity. We limit our liability to the amount charged for this search. If any questions should arise please contact the Title Department of American Abstract and Title Company. Heath Sharp American Abstract & Title Company License # SA 172-11 l£pzd.doc 4 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at: The end of East Second Street East of Bond Street (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) n/a (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: JAPB, LLC (NAME OF OWNER) 26 Collins Industrial, North Little Rock, AR 72113 (ADDRESS OF OWNER) Number of proposed lots: 1 ; Proposed use of property: For Marina, Commercial and Residential Use 09/22/05 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 PZD 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 November B, 2007 at 4:00 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) (Name) (Date) or PO Box No. (J --A.._.....__._. L;LH I 1HLL) IVIP- (Domestic Mail Only; Nc co I 117 rri -----7 Postage fn 1:3 Certified Fee C3 Postmark M Return R"Wpt Fee (Endorsement Required) Hem M Restricted Delivery F r , Required) rq (Endorsement ru Total Postage & Fees ru C3 SeOf TO M e .1 LLL -,r----•-- or PO Box No. ------------------ 04� (at?, ZP+.4 PS Form 3800June 2002 Set. Reverse for Instrucl.ons CERTIFIED MAILTM RECEIPT (Domestic Mail Only, No Insurance Coverage Pic ro U.S. Postal ServiceTM M co =13 CERTIFIED MAILTm CERTIFIED MAILTM CE7R�U.S. TIFIED MAILT. 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