HomeMy WebLinkAboutZ-7980-A Application 1City 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 371-6663
James Jones
Entergy
P. O. Box 551
Little Rock. AR 72203
Date: May 23. 2008
Dear Mr. Jones:
Case No._
Location:
Z -7980-A
14250 Colonel Glenn
Planning
Zoning and
Subdivision
This is to advise you that in connection with your application for a revised conditional use permit, the
Planning Commission at its meeting on May 22, 2008,
Approved your application as submitted.
Denied your application as submitted.
Deferred action to the
Meeting.
x Approved your application with the following .
conditions: See conditions outlined in Planning Commission minutes._
This is an approval for the USE only and was the first step in the process. Based on this use approval,
you may submit your documentation and plans for review and permitting. All new and alteration
construction requires building permits be obtained at 723 West Markham, 2"d floor BEFORE any work
may begin. All permits required for implementation of the conditional use must be obtained within three
(3) years of the date of the Commission's approval or the Conditional Use Permit shall be revoked.
Please be advised that there is an appeal period for 30 days from the date the Planning Commission made
its decision. Any permits obtained or construction performed during this 30 day appeal period is done at
your own risk and could be voided by the appeal process.
If you have any questions, please call me at 371-6817.
Sincerely,
Dana Carney, Zoning and Subdi
Department of Planning and Dei
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APPLICATION FOR REVISED CONDITIONAL USE PE vlt CETVI
Zoning Case File No. Z- JAN 2000
Planning Commission Meeting docketed for Febru 28 2448 '
At 4:00 P.M. '�',.► (?-
Application is hereby made to the Little Rock Planning Commission pursuant to the provisions
of Act 186 of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Ark. Rev.
Code (1988), as amended, requesting a Conditional Use Permit on the following property:
Address: 14250 Colonel Glenn Road
Approximately 1.5 miles west of Lawson cutoff. Property is located
General Location: aroximatel 650 feet south of Colonel Glenn no fronta e
Legal Description:
See Attached
Title to this property is vested in: Q.D. Minton Thomas M. Minton & Billie Jo Young
c/o Q.D. Dan Minton ��e)
582 Channing Road
Nashville. AR 71852
(Address)
870 845-3770
(Telephone)
If an individual other than the title-holder files this application, attachment of a completed
affidavit is required authorizing this person to act on behalf of the title-holder.
Subject property is presently zoned: Residential
A Revised Conditional Use Permit is requested to allow use of the property for: Chane of
access to prol)Lgy from Colonel Glenn Road to Lawson Road
There (aF-e) (are not) private restrictions pertaining to the proposed use.
It is hereby agreed that the required filing fee will be paid immediately and the posting of the
sign furnished will be accomplished acquired. _--_
Applicant (owner or authorized
Address: 425 W. Ca itol Avenue
Planning Commissionpprove ' O0
Conditions of Approval: E i
Mrd+ 5S/
Board of Directors Approved:
Jones
Telephone: (501) 396-4337
�0.r"-S OJ—11-i I N
/-A/Ut-1 /N 6 -
Ordinance Number: LITTLE - KULA PLA IN 115510H
Conditions of Approval: Q , e r r + MONS
AS P;CTSC lif -,H=am PL,^NINING COMMISSION d
BY: ak P
i -ATE: nn- D -011-r—
Legal Description
A part of the Northeast Quarter of Section 19, Township 1 North, Range 13 West, Pulaski.
County, Arkansas being more fully described as follows: Commencing at the Southeast Comer
of the Southeast Quarter of the Northeast Quarter of said Section 19; thence North 88 deg. 13
min. 36 sec. West along the South line of said Southeast Quarter of the Northeast Quarter of
Section 19 for a distance of 395.38 feet to the Point of Beginning; thence continuing North 88
deg. 13 min. 36 sec. West along said South line for a distance of 344.27 feet; thence North 01
deg. 54 min. 34 sec. East for a distance of 456.74 feet; thence South 89 deg. 50 min. 50 sec. East
along the centerline of creek for a distance of 27.55 feet; thence North 56 deg. 13 min. 02 sec.
East along the centerline of creek for a distance of 56.40 feet; thence South 77 deg. 55 min. 48
sec. East along centerline of creek for a distance of 53.89 feet; thence South 63 deg. 55 min. 49
sec. East along centerline of creek for a distance of 60.24 feet; thence South 01 deg. 59 min. 46
sec. West for a distance of 75.38 feet; thence South 88 deg. 19 min. 05 sec. East for a distance of
167.40 feet; thence South 02 deg. 34 min. 02 sec. West for a distance of 380.82 feet to the Point
of Beginning, containing 3.41 acres, more or less.
-%-� Entergy
January 22, 2008
Mr. Dana Carney
Zoning and Subdivision Manager
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201
Entergy Customer Service
Ninth & Louisiana
P.O. Box 551
Little Rock, AR 72203
Tel 501 396 4337
James E. Jones
Regional Customer Service Manager
Re: Entergy Arkansas, Inc. ("Entergy") Revised Conditional Use Permit Application;
File #Z-7980
Dear Mr. Carney:
Entergy is filing an Application for a Revised Conditional Use Permit for property
located at 14250 Colonel Glenn Road, Little Rock, Arkansas. Enclosed please find the following
documents:
1. Application for Revised Conditional Use Permit;
2. Eighteen (18) copies of a survey/site plan reflecting the boundaries of the property
and the proposed location and size of the substation;
3. Eighteen (18) copies of a survey depicting the proposed ingress/egress easement
providing access to the property from Lawson Road;
4. Notice of Public Hearing Form; and
5. Check in the amount of $305.00 for filing fee.
The subject property is zoned R-2. The existing Conditional Use Permit ("CUP") was
approved by the Little Rock Planning Commission on May 11, 2006 and an appeal of its
approval was upheld by the Little Rock Board of Directors on February 20, 2007. Entergy is
filing its Application for a Revised CUP to provide access to the substation property from
Lawson Road rather than from Colonel Glenn Road as previously approved.
Under the present CUP approval, access to the substation would extend from Colonel
Glenn Road across Tract 1 and the unnamed tributary of McHenry Creek. Entergy's desired
access from Lawson Road would make use of an existing utility right-of-way easement presently
utilized by Entergy. This proposed access would minimize the impact caused by access to the
Mr. Dana Carney
January 22, 2008
Page 2
subdivided property and eliminate the need for any channelization work to the unnamed
tributary.
Also the substation has been reduced from a 3 transformer bay structure to a 2 bay
structure and the northern fence line has been revised to allow for less visibility from the north as
shown on the site plan/survey included with the Application.
Entergy requests that you place this matter on the February 28, 2008 Planning
Commission agenda. We look forward to working with you in presenting this matter to the Little
Rock Planning Commission.
Feel free to contact me if you have any questions.
Sincer ly,
es Jones
Regional Customer Service Manager
Enclosures
Ak
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Via Hand Delivery
February 13, 2008
Mr. Dana Carney
Manager, Zoning and Subdivision
City of Little Rock
723 W. Markham
Little Rock, AR 72201
Re: Response to Planning Committee Comments — File No. Z -7980-A
Dear Mr. Carney:
Entergy Customer Service
Ninth & Louisiana
P.O. Box 551
Little Rock, AR 72203
Tel 501 396 4337
James E. Jones
Regional Customer Service Manager
Please consider this letter in response to the Planning Staff Committee Comments dated
February 7, 2008, in connection with the Application for Revised Conditional Use Permit, File
No. Z -7980-A. Enclosed is a revised site plan which addresses several of the Planning Staff
Comments for your review. These responses are as follows:
Planning Staff Comments:
2. Is the proposed access located entirely within the existing utility right-of-way
easement?
Response: Yes, the access road is entirely within the existing right-of-way
easement. However, Entergy Arkansas, Inc. will make use of a temporary
construction easement in order to permanently grade a portion of the hill located
on the West side of the access road. This area is shown on the enclosed revised
site plan.
3. Will the access road be paved?
Response: The proposed substation access drive will include a 15 ft. concrete
apron at the intersection with Lawson Road. From the concrete apron,
approximately 85 ft. of the access drive will be paved with asphalt. The
remainder of the access drive to the substation will be surfaced with AHTD Class
7 stone. These improvements are shown on the revised site plan. The appropriate
variance will be requested if required.
4. Locate and describe fencing and gates.
Response: The proposed fencing around the substation site will be a 7 ft. chain
link fence with 3 strands of barb wire. The total height will be 8 ft. The
proposed chain link fence will have two access gates to the substation site. An
additional steel gate is also proposed on the access drive approximately 100 ft.
back from Lawson Road. The proposed fencing and gates are shown on the
revised site plan.
5. Specify on site plan areas to be cleaned and areas to be left wooded.
Response: The only area expected to be cleared of trees is located along the
proposed access drive. The limits of clearing are shown on the revised site plan.
A large part of the proposed work will be performed within Entergy's existing
transmission line right-of-way, which is a maintained area.
In what way does modifying the northern fence line reduce visibility of the site?
Response: As shown on the revised site plan, the northeast corner of the
substation fence has been modified. Although it is unknown exactly how this
modification may reduce visibility to the substation it is known that this
modification will not cause any more visibility than the fence line previously
approved.
7. Provide statement from local Volunteer Fire Department that proposed new
access is acceptable and sufficient to provide access to the site.
Response: See letter from Gary Boyle, Chief of Crystal Valley Volunteer Fire
Department attached to this letter.
8. Provide proof from Pulaski County that site can be developed as proposed.
(Floodplain — Floodway issues).
Response: The floodplain analysis and documentation for this project was
submitted to Sherman Smith, Pulaski County Floodplain Administrator, on
Monday February 11, 2008. A meeting with Mr. Smith was requested to discuss
the analysis. Mr. Smith was not available to meet until Thursday, February 14,
2008 — Entergy Arkansas, Inc. and FIN will meet with Mr. Smith at 2:00pm. The
revised site plan reflects the Pulaski County FEMA Preliminary Flood Insurance
Study (dated September 21, 2007) for McHenry Creek, published for comment in
the Federal Register, and not the current effective Pulaski County FEMA FIRM
panels (dated July, 1995) for the proposed development. At the request of Mr.
Sherman Smith, County Floodplain Administrator, Entergy Arkansas, Inc. has
engaged FTN Associates to perform additional hydrologic analysis of McHenry
Creek and the unnamed tributary. At Mr. Smith's request, this analysis used
information from the FEMA Preliminary FIS and we felt it prudent to provide
consistent information to planning authorities.
9 Locate and describe any proposed signage.
Response: The proposed signage will include an aluminum sign with Entergy
name, Entergy logo, and substation name. The proposed sign will be mounted on
the south fence of the substation site. Applicable warning signs will also be
included. The signs serve as part of Entergy Arkansas, Inc.'s emergency locating
plan for local fire and police departments. GPS coordinates for the substation will
also be included on the signs.
Public Warks
3. The property appears to be within the 140 year floodplain and is beyond the City
Limits. Contact Pulaski County Planning Department pertaining to development
requirements in the floodplain.
Response: The floodplain analysis and documentation for this project was
submitted to Sherman Smith, Pulaski County Floodplain Administrator, on
Monday February 11, 2008. A meeting with Mr. Smith was requested to discuss
the analysis. Mr. Smith was not available to meet until Thursday, February 14,
2008 — Entergy Arkansas, Inc. and FIN will meet with Mr. Smith at 2:00pm.
4. Provide a letter prepared by a registered engineer certifying the sight distance at
the intersection of Lawson Road and the access easement complies with 2004
AASHTO Green Book standards.
Response: FTN has prepared a letter to the Department of Public Works. This
letter is being attached for review.
Thank you for your consideration and should you have any questions or comments feel
free to contact me at any time.
Since iy,
srx/
James Jones
Regional Customer Service Manager
AFFIDAVIT
I, Billie Jo Young, Q. D. Minton, and Thomas M. Minton certify by my signature below
that I hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act
as my agent regarding the Application for Revised Conditional Use Permit of the below
described property.
Property described as: See Exhibit "A" attached hereto and made a part hereof.
Signatures of Title Holders
Q.
Billie Jo Yoling
)--
r 45,-
Q. D. Minton
Date: -2 —/ — d P
Date: 2, - /J-- v 61
Date: a -t s"-- o
Thomas M. Minton
Subscribed and sworn to me a Notary Public on this day of February,
2008.
olvw,
/ (Notary Public)
My commission expires: �r! IgA l x,,.110"""""
E
OTA RS -
F` omm Expires
NOV 1R 2010
EXHBIT "A"
Legal Description
A part of the Northeast Quarter of Section 19, Township 1 North, Range 13 West, Pulaski.
County, Arkansas being more fully described as follows: Commencing at the Southeast
Corner of the Southeast Quarter of the Northeast Quarter of said Section 19; thence North
88 deg. 13 min. 36 sec. West along the South line of said Southeast Quarter of the
Northeast Quarter of Section 19 for a distance of 395.38 feet to the Point of Beginning;
thence continuing North 88 deg. 13 min. 36 sec. West along said South line for a distance
of 344.27 feet; thence North 01 deg. 54 min. 34 sec. East for a distance of 456.74 feet;
thence South 89 deg. 50 min. 50 sec. East along the centerline of creek for a distance of
27.55 feet; thence North 56 deg. 13 min. 02 sec. East along the centerline of creek for a
distance of 56.40 feet; thence South 77 deg. 55 min. 48 sec. East along centerline of creek
for a distance of 53.89 feet; thence South 63 deg. 55 min. 49 sec. East along centerline of
creek for a distance of 60.24 feet; thence South 01 deg. 59 min. 46 sec. West for a
distance of 75.38 feet; thence South 88 deg. 19 min. 05 sec. East for a distance of 167.40
feet; thence South 02 deg. 34 min. 02 sec. West for a distance of 380.82 feet to the Point
of Be�innin�, containing 3.41 acres, more or less.
AFFIDAVIT
I, Russell Hagen, as authorized agent of Koban Family,
below that I, on behalf of the Koban Family, LLC, hereb
Inc. and its contractors, agents, or assigns to act as its ager
Revised Conditional Use Permit of the below described pr(_
Property described as: See Exhibit "A" attached hereto and made a part hereof.
Signature of Title Holder
KCS ,LLC
By: Russ a
Its: Authorized Agent
Date: y�
Subscribed and sworn to me a Notary Public on this a2 63ZA day of April, 2008.
(Notary Pu lic) a/11-RaL Af. CE v/ rj
My commission expires:•lGc�c2 , 0�0 / ! �`�t�,t..•••u►►►„t��++
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EXIGEBIT "A"
Legal Description
A part of the Southeast One Quarter (SEV4) of Section 19, Township 1 North, Range 13
West, Pulaski County, Arkansas being more fully described as follows: Commencing at
the Northeast Comer of the Northeast One Quarter of the Southeast One Quarter
(NEV4SEY4) of said Section 19; thence North 88 degrees 13 minutes 36 seconds West,
along the North line of said Northeast One Quarter of the Southeast One Quarter
(NE%4SE%4) of Section 19, for a distance of 420.73 feet to a point on the Northeasterly
Right of Way Line of that particular Right of Way Permit recorded in Book 632 at Page
467 of the Records of the Circuit Clerk of Pulaski County, Arkansas and the Point of
Beginning; thence North 88 degrees 13 minutes 36 seconds West, continuing along said
North line for a distance of 138.85 feet to a point on the Southwesterly Right of Way
Line of said Right of Way Permit recorded in Book 632 at Page 467 of the Records of the
Circuit Clerk of Pulaski County, Arkansas; thence South 42 degrees 09 minutes 14
seconds East, along said Right of Way Line, for a distance of 132.28 feet; thence South
22 degrees 28 minutes 01 seconds East; continuing along said Right of Way Line, for a
distance Of 386.36 feet to the Northerly Right of Way Line of Lawson Road; thence
North 60 degrees 40 minutes 43 seconds East, along said Right of Way Line, for a
distance of 100.72 feet to a point on the Northeasterly Right of Way Line of that
particular Right of Way Permit recorded in Book 632 at Page 467 of the Records of the
Circuit Clerk of Pulaski County, Arkansas; thence North 52 degrees 11 minutes 50
seconds West, leaving said Right of Way Lines, for a distance of 111.64 feet; thence
North 09 degrees 36 minutes 38 seconds West for a distance of 89.47 feet to the point of
curvature of a 215 foot radius curve to the left said curve having a chord bearing and
distance of North 22 degrees 52 minutes 34 seconds West 98.67 feet, thence along said
curve a distance of 99.56 feet; thence North 36 degrees 08 minutes 30 seconds West for a
distance of 79.25 feet; thence North 01 degrees 46 minutes 24 seconds East,
perpendicular to the North line of said Northeast One Quarter of the Southeast One
Quarter (NEV4SE'/4) of Section 19, for a distance of 89.97 feet to the Point of Beginning,
containing 32,340 square feet ( 0.74 acre) more or less.
MM
A part of the Southeast One Quarter (SE%) of Section 19, Township 1 North, Range 13
West, Pulaski County, Arkansas being more fully described as follows: Commencing at
the Northeast Corner of the Northeast One Quarter of the Southeast One Quarter
(NE%4SE'/4) of said Section 19; thence North 88 degrees 13 minutes 36 seconds West,
along the North line of said Northeast One Quarter of the Southeast One Quarter
(NE%4SE/4) of Section 19, for a distance of 559.58 feet to a point on the Southwesterly
Right of Way Line of said Right of Way Permit as recorded in Book 632 Page 467 of the
Records of the Circuit Clerk of Pulaski County, Arkansas; thence South 42 degrees 09
minutes 14 seconds East, along said Right of Way Line, for a distance of 102.28 feet to
the Point of Beginning; thence South 42 degrees 09 minutes 14 seconds East, continuing
along said Right of Way Line, for a distance of 30.0 feet'thence:'Sbta 22'-de,ree9'28
minutes 01 seconds East, continuing along said Right of Way,:Line; for. a. distance of
115.7 feet to a point on a non -tangent 105.6 foot radius curve being concave to the
Northeast having a chord bearing and distance of North 26 degrees 28 minutes 59
seconds West 144.3 feet; thence along said non -tangent curve for a distance of 158.86
feet to the Point of Beginning, containing 3,409 square feet (0.08 acre), more or less.
Feb 11 08 12:31p CRYSTAL FIRE PROT DIST 24
Crystal Fire Proteetion
District #24
P.O. Box 45125
Little stock, Arkansas 72214
(501) 225-0716
JameS Jones
Regional Manager
Customer Service
February 11, 2007
501-821-7039 p.2
Mr- .Tones,
Crystal Fire Dept. is aware of your planned substation. We have no
development and for see no problem providing fire protection to this
of the entrance to Lawson Rd. is not an issue either_ However, we w,
install a fire hydrant per our regulations and to provide an access ro
and surface to enable our engines to enter your area. Please contact
coordination and location of this hydrant when construction begins.
Re ctfully,
' GaryM oyle, Chief
Commissfonerr
Cindy Cones
Gordwr He*r. Chairman
David&"rns
Howard Slephens
Doug Thacker
GaryM.Boyle. Chief
sues with this
site. The relocation
11 require you to
i of sufficient width
ie Fire Dept. for
LITTLE ROCK WASTEWATER COMMENTS
Project Number Project Name Project Type Comment Made
�G-25-199
?-5615-A
Z -5683-C
Z -5802-B
Z -7980-A
G-8311
Z-8312
Marshall Street Name Change To Street Name Change No Objction
Children's Way
Allison Presbyterian Church Parldng Lot Conditional Use Existing sewer main located in project
Permit area. Contact LRW for details prior to
construction.
Little Rock Montessori School
The Anthony School
Entergy Substation
Chenal Adult Day Services
Smith Hill Day Care Center
Conditional Use Sewer available to this property.
Permit
Revised Conditional Sewer available to this property.
Use Permi t
Revised Conditional Property is outside of current service
Use Permit boundary. No comment.
Conditional Use Sewer not available to this property at
Permit this time. LRW is in the process of
constructing sewer mains to serve this
area and project should be completed
in 2008.
Conditional Use Sewer available to this property.
Permit
2/1/08 Page 1 of 1
Public Works Review Comments
Planning Commission
Agenda Date: 2-28-08
Z File Number G-25-199
Marshall St name change to Children Way
0 No comments
Board of Adjustment
Marshall
Z File Number Z -3371-V
Col.Glenn center Rezoning C-3 to C-4 Auto Dealer 11901 Col. Glenn rd.
1 At time of development, repair or replace any curb and gutter or sidewalk that is damaged in the public
right-of-way prior to occupancy,
Z File Number Z -5615-A
Allison Presbyterian Ch. Add. Parking lot CUP 922 Wright Ave.
1 Due to the use of the property, the Master Street Plan specifies that Wright Ave. for the frontage of this
property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline.
2 A 20 feet radial dedication of right-of-way is required at the intersection of Wright Ave. and Izard St.
3 A 20 feet radial dedication of right-of-way is required at the intersection of Wright Ave. and Chester
St.
4 A 20 feet radial dedication of right-of-way is required at the intersection of Wright Ave. Bypass and
Izard St..
5 Driveway location do not meet the traffic access and circulation requirements of Section 30-43 and
. . . . 31-210. The code requires driveway spacing on a commercial street to be 125 ft from the property line
and 250 fl from another driveway or intersection. The driveway to the south must be removed due to
the distance from the north driveway, property line, and Wright Avedlzard St. intersection The width
of driveway must not exceed 36 feet
6 At time of development, sidewalks with appropriate handicap ramps are required in accordance with
Sec. 31-175 of the Little Rock Code and the Master Street Plan to be installed on Wright Ave.
Bypass.
7 At time of development, sidewalks with appropriate handicap ramps are required in accordance with
Sec. 31-175 of the Little Rock Code and the Master Street Plan along Wright Ave.
8 At time of development, repair or replace any curb and gutter or sidewalk that is damaged in the public
right-of-way prior to occupancy.
9 At time of development, old curb cuts should closed with new curbing.
10 At time of development plans of all work in right-of-way shall be submitted for approval prior to start
of work Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering
at (501) 379-1805 {Travis Herbner}.
Monday, February 04, 2008
Page 1 of 2
Z File Number Z -5683-C
Montessori School CUP Existing bld. To classroom 11701 Pleasant Forest Dr.
1 With today's enrollment, vehicles stack onto Pleasant Forest Drive, a public street, diminishing the
carrying capacity of the public street and creating a safety hazard. The latest traffic counts show
Pleasant Forest Drive to carry 4300 vehicle per day. With the increase in enrollment by
approximately 40%, the vehicle stacking will increase. Provide a traffic circulation plan for stacking
and queing of vehicles for access to the school out of the public street.
Z File Number Z -5820-B
Anthony School Revised CUP add Cafeteria 7700 Ohio St
1 Due to the proposed use of the property, the Master Street Plan specifies that Iowa Street for the
frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
2 Due to the proposed use of the property, the Master Street Plan specifies that Ohio Street for the
frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
3 At time of dedication, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for
the private improvements located in the right-of-way.
Z File Number Z-8311
Chenal Adult Day Services CUP use exsisting Bld. 805 Kirby Rd.
1 Kirby Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way
30 feet from centerline will be required.
2 Due to the new driveway, provide a letter prepared by a registered engineer certifying the sight
distance at the intersection of Kirby Rd and the driveway complies with 2004 AASHTO Green Book
standards.
Z File Number 2-8312
Smith Hill Day Care CUP existing building 2824 John Barrow Rd -
1 John Barrow Rd is classified on the Master Street Plan as a minor arterial. A dedication of right-of-
way 45 feet from centerline will be required.
2 Due to the proposed use of the property, the Master Street Plan specifies that W. 29 Street for the
frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
3 Due to the proposed use of the property, the Master Street Plan specifies that W. 28th Street for the
frontage of this property Hurst meet commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
4 A 20 feet radial dedication of right-of-way is required at the intersection of John Barrow Rd and W.
29th St.
5 A 20 feet radial dedication of right-of-way is required at the intersection of John Barrow Rd and W.
28th St.
6 Per the Boundary Street Ordinance, if the property is redeveloped or further developed in the future,
construct one-half street improvements to W. 29th and W. 28th Streets including 5 -foot sidewalks in
conformance with the Master Street Plan.
Monday, February 04, 2008
Page 2 of 2
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:200101 "
MEMORANDUM
TO: MONTE MOORE, ZONING ENFORCEMENT ADMINISTRATOR
FROM: CHRISTY MARVEL, PLANS DEVELOPMENT ADMINISTRATOR
SUBJECT: REVIEW OF THE BUFFER AND LANDSCAPE REQUIREMENTS OF
THE FEBRUARY 28"R, 2008 PLANNING COMMISSION AGENDA
CC: DANA CARNEY, ZONING & SUBDIVISION MANAGER
DATE: February 4, 2008
NEW BUSINESS:
2. Allison Memorial Presbyterian Church Parkin LotZ-5615-A
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
The landscape and the buffer ordinance require a minimal six foot nine inch wide
(6'-9") landscape strip around the sites entirety. Currently, this proposal reflects
parking located within this minimal area. Itis recommended to eliminate the
egress apron on the southeastern corner in addition to the elimination of a few of
the parking spaces. A variance from the City Beautiful Commission must be
obtained prior to the issuance of a building permit otherwise.
An automatic irrigation system to water landscaped areas will be required for all
newly landscaped areas.
Street trees are recommended on this site.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or larger.
3. Little Rock Montessori School Ex ansioa Z -5683-C
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires a twenty-two foot (22') wide land use buffer
next to the residentially zoned property to the west. Seventy percent (70%) of this
area is to remain undisturbed.
The property to the west is zoned residential, therefore, a six (6) foot high opaque
screen, either a wooden fence with its face side directed outward, a wall, or dense
evergreen plantings, is required along the western perimeter of the site.
Any new parking must comply with the zoning buffer and the landscape
ordinance.
An automatic irrigation system to water landscaped areas will be required.
Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or larger.
4. The AnthoUSchoolT (Z -5$20-B)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
A small amount of building landscaping will be required between the parking lot
and this new building.
All dead/diseased plant material must be replaced in conjunction with this request.
All fencing and dumpster enclosures should be in good repair or replaced in
conjunction with this request.
Street trees are recommended.
An automatic irrigation system to water landscaped areas will be required.
Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
The City Beautiful Commission recommends preserving as many existing trees as
feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or larger.
6. Chenal Adult Day Services LZ -83111
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
Any new parking must comply with the zoning parking ordinance, buffer
ordinance, and the landscape ordinance. Currently, it appears the parking area is
being proposed in the required landscape and buffer area; revise.
The zoning buffer ordinance requires an eight foot wide lands use buffer along
both the northern and southern property line next to the residentially zoned
properties. Seventy percent (70%) of this area is to remain undisturbed. Any/all
trees located within this area must be preserved.
The zoning buffer ordinance requires a nineteen foot wide (19') land use buffer
along the eastern property line next to the residentially zoned property. Seventy
percent (70%) of this area is to remain undisturbed. Any/all trees located within
this area must be preserved.
The zoning buffer ordinance requires an average nineteen foot wide (19') street
buffer and in no case less than half along the western property line next to the
street.
The property to the north, south, and east is zoned residential, therefore, a six (6)
foot high opaque screen, either a wooden fence with its face side directed
outward, a wall, or dense evergreen plantings, is required along the northern,
southern, and eastern perimeters of the site.
7. Glory Divine Christian Academy Day Care (Z-8312)
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires an average thirteen foot (13') wide street
buffer and in no case less than nine foot (9') along both John Barrow Road and
Ludwig Streets.
The zoning buffer ordinance requires an average seventeen foot (17') wide street
buffer and in no case less than nine foot (9') along both 28h Street and 29th Street.
The landscape ordinance requires a nine foot wide (9') landscape perimeter
around the sites entirety. A variance from this minimal amount will require a
variance from the City Beautiful Commission prior to the issuance of a building
permit.
Street trees are recommended.
An automatic irrigation system to water landscaped areas will be required.
Upon paving of this site the parking lot must comply with the parking ordinance,
the buffer ordinance and the landscape ordinance.
Public Works Review Comments
Board of Adjustment Planning
Agenda Date: 2/28/2008
Z File Number Z -7980-A
Entergy Substation Revise CUP 14250 Col. Glenn Road
1 Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-
of-way to 55 feet from centerline will be required.
2 With site development, provide design of street conforming to the Master Street Plan. Construct one-
half street improvement to Colonel Glenn Road including 5 -foot sidewalks with planned
3 The property appears to be within the 100 year floodplain and is beyond the City limits. Contact
Pulaski County Planning Department pertaining to development requirements in the floodplain.
4 Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of
Lawson Road and the access easement complies with. 2004 AASHT4 Green Book standards.
Tuesday, February 05, 2008
Page 1 of I
ENTT3R
CentsPoirrt oint EFan ergy L'LUA& ,fMs
d"
AT Central
T Arkansas
TME or iS m. tee V
tt l F wj- w t Wab;r
Little Rock Wester#er )FTL
PuE NUYMER;
Izs3d CauntyPlatlx:ing
little Rock FiveDepa:tmeut LOCATION: 17�5-7
Public Works: agineering, Txaffic (2)
Pa6m andltecreatiw2 Department
PJanning and Development– Site Flan keviety
Planning and Development
GLTA
TO W110IT'MAY CONCERN:
on the Little Rock Pla a'ng Commdssicu will consider the above referenced issue.
NATE The Inter4aranenie111iceaup at wl*b E's issue will be�oa
9
discussed will beheld `
NOTE: The Subdivision Cwamittee Meeting at which this issue will be discussed w611 be bdld oa –E&L 1
A cagy of the plea for :be referenced issue is enclosed for your consideration, and your comments and/or
rmovm=dati= will be appnCiated.
Sincerely,
Dana
Carney
Zauing and Subdivisfab Manager
[Please respond and retum this lem tivith your comments for our records.)
—�—APl roved ea SWwn nrd- PLEAa RETURN COMKENTS B)(
Fasrment (s) reed (Sv_. ansched plat or d iption)
''3"o did ut3lirie'S: If an eas�errrir requerted whie]� fs in eretss of JOfeer Gr WFrlrfi, provide jusrifrcatiort for the
eascmerz nr rke request W171 nor he Preluded in thePla"r "e Commissinrr agenda.
Comments:
Jan. 30 2008 0_ti:48PM 131
City of Uttle Rock ►
Department of Planningand bevelD m.Pi1t—
P
723MA Norkham strrat Zoning and
Ma Rock, Ar;kwsas 7M1. M
Phan: (50t) 371.4780 Fax (501) 3964342; or37%-BM ' Subdivision
.ETI—ERGY (2) I NAIAE: ` 7ZI!x- .'U I S'7t 774^-%
CenterPoint Energy
AT&T(2) TYPE OF 7SsimE fee
(:entail Akansm Water
Little Rock Wastewater TILL A'iJh7EEA:�
Pulaski County Planning
Little Rock Tire Department LOCATION:J L � S� nI • /[?�J i !C
Public. Won_:;: Engineering, Tragic (2)
Parks and Recreation Doparcneat
Planning and Developxent— site Plan :4c�rety
Planning and Development Graphics
CATA
TO WHO IT MAY CON M- N-
On + ft Lamle Rocic Planning Commission will consider the above referenced issue.
NCYrB: The Iuterdeprutrnenial Meeting atwl ch this issnewill be discussed M71 be held on
NOTE; The Subdivision Committee:+leering at which this issue mill be discussed will bo beid on Ezz 17
A copy of the p1.9n for the referenced issue is enclosed for your uums -""nticx4 and your cornrnents and/or
recommendations wLU be apprtcieted.
:Sincerely,
Da1ns Carney
Zoning and Subdivislolt Manager
(Plc= respond below and return this letter with your comments for our records.)
Approved as Submitted. PLEASE. RETLEFLN COMMxLwS �Y
_ Ersaxrrent (s) required (See attached plat ordescription.)
�To all utr7irrerr 1f an easement is requested which is in excess of I Dfeet in )rUt , provide jusnjicaAm for the
easemem or the request will not be included ire rhe Plannurg Commission agenda.
Comments:
W
By: f/�� �!/!IJ•r.T sF�IJ-ro.w' '�/>1 bra --x727 . /✓� �i/.®iGtkrar�e!
Encl=ossurre
ift-
Entergy
February 13, 2008
Mr. Dana Carney
Manager, Zoning and Subdivision
City of Little Rock
723 W. Markham
Little Rock, AR 72201
Entergy Customer Service
-Ninth & Louisiana
P.O. Box 551
Little Rock, AR 72203
Tel 501 396 4337
James E. Jones
Reglonal Customer Service Manager
Re: Notice of Public Hearing on Application for Revised Conditional Use Permit
Dear Mr. Carney:
Enclosed is Notice of Public Hearing Before the Little Rock Planning
Commission on an Application for Revised Conditional Use Permit with signed Affidavit
certifying that all property owners of record within 200 feet of the property and the
access road which is the subject of the Application for Revised Conditional Use Permit
have been given notice that a public hearing to consider this Application will be held in
the Chamber of Little Rock Board of Directors, 2nd floor, City Hall, on February 28,
2008, at 4:00 PM.
Attached to the Notice and Affidavit are US Postal Service Certified Mail
Receipts and letter dated February 4, 2008, from Beach Abstract & Guarantee Company,
Inc. with the list of property owners of record.
In addition to those property owners shown on the list from Beach Abstract &
Guarantee Co., Inc. notification of this public hearing was also sent to the following as
evidenced by the Certified Mail Receipts also attached to the Affidavit:
i) Gary S. and Martha C. Markland
15515 Joiner Road
Little Rock, AR 72210
Stephens Joint Revocable Trust
14075 Colonel Glenn
Little Rock, AR 72210
iii) Emma Sue Thompson
14124 Colonel Glenn
Little Rock, AR 72210
iv) Larry Ray Minton
14123 Colonel Glenn Road
Little Rock, AR 72210
v) Roy R. and Carolyn S. Jolley
14300 Colonel Glenn Road
Little Rock, AR 72210
If you have any question or comments feel free to contact me at any time.
Sin �r�ly,
ames Jones
Regional Customer Service Manager
THE LITTLE ROCK PLANNING COADUSSION
ON AN APPLICATION FOR REVISED CONDITIONAL USE PERART
To all owners of lands lying within 200.feet of the boundary of property at:
Address: 14250 Colonel Glenn Road
Approximately 1.5 miles west of Lawson cutoff. Property is located
General Location: approximately 650 feet south of Colonel Glenn (no frontage)
Owned by: Q.D. Minton, Thomas M Minton & Billie Jo Young
Notice is hereby given that an application for a Conditional Use Permit on the above property
has been filed with the Department of Planning and Development, 723 West Markham, City of
Little Rock, Arkansas to allow use of the property as follows:
PRESENT USE: Residential
PROPOSED USE: A roved substation with chane of access to ry erty from Colonel
Glenn Road to Lawson Road
A public hearing on the application will be held in the Chamber of the Little Rock Board of
Directors, 2nd Floor, City Hall on: Febru Z8. 2008 , at 4:00 P.M.
Meetings between the developer, the staff and the neighborhood residents can be arranged prior
to the public hearing if desired. The applicant/developer is Entergy Arkansas Inc.
and can be contacted at the telephone number James Jones 501 396-4337 .
All interested parties may appear and be heard at said time and place, or may notify the
reviewing body of their views by letter. Information about the application may be requested by
contacting Department of Planning and Development, 723 West Markham, Little Rock,
Arkansas; (501) 371-4790.
AFFIDAVIT
I hereby certify that I have notified all the property owners of record within 200 feet of the above
described property that a Revised Conditional Use Permit application is being considered and the
public hearing will be held at the
Applicant (Owner or Authorized
(Date)
February 4, 2008
Beach Abstract & Guaranty Company, Inc.
100 Center Street - P.O. Box 2580
Little Rock, AR 72203
(501) 376-5652
Facsimile (501) 376-5625
Enterp,v
Attn: Wm Webster Darling
425 W Capitol Avenue
Little Rock AR 72203
Beach #S08-2004
Dear Mr. Darling:
We have examined the records of Pulaski County, Arkansas, up to January 13, 2008 at 7:00 A.M. as
to the property lyingwithin 200 feet to the property described, to wit:
A F,%,k'r OFA THE NORIIl-AS1' Q--1AWrBk OF SECTION 1.9,
TOM 's1I' i t G l 't r`nT, VT3WKt
COUSUY, ARKANSAS Tf IE'a :t I D13SCR§ ED
AS FOLLOWS- CQjv%-jp1CnN7'G ATTIWOU111FANV
.COWNtlk of THE; OF TI.TE
E i()XIWASr QUARTER OF SAID S1 -.'`E` ON l %'1"a3 R.
NT11'r9 99 OW, 11 MW, 36 as WE&T ALONC-TM
SOtt'. M L-rHE OF SAIU. SOV CHFA ST Q71jAR` RR OFTH6
: { tiiiHM S �' Li.�tl F1✓1 SLS 3 ti�'R .19 FOR AMU CE
'[IIE:.POI T OFSMN; N THEINCE
}MIiGNMI 119 DEG, 13 TWUN,33 SECWFV
ALONO 7A0-WkyK -M FOR A =AN Cs-Oy14
,27
F�Fia:Ti3 sL`F3 +C'1?E1" € W DEEF, 54MYN K SFG. &ASTFOR
so, S;F"C, gwr ALONG T. k:� CS"CT' SUN, E t��` � .81G
FORA 556 Dlf'C`a-
R3;.
0"11
77 DF., i:5 W41i`% 48 SEC VUST A:.(NO C1 N" TFALW OF
cpm r,0 A DIST-A'(',3OF DAIS IIHENCI` SIOUT15
61 r)P. . i c * a1�. 4,V .Wro` PAST
'LONG :��ki,.Il+i OF
o11;t Os x9:,114.46 Zea W.Wjj .FOR ADIS'�ANKX {3 6.18
fEs"1.0 LOUT l 89 DW, t 9 MRM, 05 S,rC. EAST FOR
its. 02 51~:'(.:.'*VJ3'7' AiX A DISTANCE OF. -8a 82 FEE.7 TO
TME POINT -OPBSOMIN M.
And
A part of the NEi/4 Section 19 T -1-N, R -13-W, Pulaski County Arkansas being more
fully described as follows: Commencing at the SE 1/4 of the NEI/4 and run thence N88°13'29"W
along the south line for a distance of 486.19 feet to the point of beginning, thence continuing
N88°13'29"W for 55.54'; thence S42°09'14"E for a distance of 83.52 feet; thence S22°28'01"E
along the South Transmission line right of way for a distance of 424.87 feet to a point on the
north right of way line of Lawson Road; thence N60°40'43'E along said right of way line for a
distance of 40.29 feet; thence N22°28' 01"W parallel to the West Transmission line Right of Way
for a distance of 427 feet; thence N42°09'14"W for a distance of 51.93 feet to the point of
beginning.
We do not certify as to the validity of title and our liability is limited to the amount paid for this service.
Addresses of owners 'cannot be guaranteed accurate.
If we can be of further service to you, please call us.
S ccerely, }
Donna Davis
Special Service Department
501-376-5652
Enclosures
Mr. Darling
Page 3
Owners: Legal Descriptions:
Tammy McLain Part of the NEIA Sectionl9, T -1-N, R -13-W
14245 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 97-40678
Minton LLC Part of the NE'/4 Section19, T -1-N, R -137W
582 Channing Road Pulaski County Arkansas
Nashville AR 71852 Instrument # 96-87692
Michael and Faithann Glidden Part of the NEIA Sectionl9; T -1-N, R -13-W
14345 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 79-18965
Howard and Sue Ann Stephens Part of the NEIA Sectionl9 ,T -1-N, R 13-W
14075 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 97-50378
Koban Family LLC The SETA Sectionl9, T -1-N, R -13-W
5239 Brooklyn Ave NE Pulaski County Arkansas
Seattle WA 98105 Instrument # 2001-006820
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NASHVILLE, AR 71852
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NOTICE OF PUBLIC HEARING BEFORE THE LITTLE -ROCK PLANNING COMMISSION
ON A REQUEST FOR USE CHANGE OR DEVELOPMENT OF LAND
TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT:
GENERAL LOCATION OR ADDRESS: 14250 Colonel Glenn Road
OWNED BY: 0. D. Minton Thomas Minton. Billie Jo Young
THE FOLLOWING REQUEST HAS BEEN MADE: Revised Conditional Use Permit to allow change
of access from Colonel Glenn to Lawson Road and minor modification of plan for previousIyapproved
Entergy Substation
NOTICE IS HEREBY GIVEN THAT an application for Revised Conditional Use Permit 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 February 28, 2008 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 at 371-4790.
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION
ON A REQUEST FOR USE CHANGE OR DEVELOPMENT OF LAND -
TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT:
GENERAL LOCATION OR ADDRESS. 14250 Colonel Glenn Road
OWNED BY: Q. D Minton. Thomas Minton. Billie Jo Young
THE FOLLOWING REQUEST HAS BEEN MADE: Revised Conditional Use Permit to allow change
of access from Colonel Glenn to Lawson Road and minor modification of plan for previously approved
Enter Substation
NOTICE IS HEREBY GIVEN THAT an application for Revised Conditional Use Permit 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 February 28, 2008 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 at 371-4790.
NAME ADDRE55
OCCUPANT 7802 BONNIE BRAE RD
171Y1 1 cirvI A v - r-. - .-
LITTLE ROCK AR
-•
72227 Z -5820-B
OCCUPANT
7802 OHIO ST
LITTLE ROCK AR
72227 Z -5820-B
OCCUPANT
7803 BONNIE BRAE RD
LITTLE ROCK AR
72227 Z -5820-B
OCCUPANT
7804 BONNIE BRAE RD
LITTLE ROCK AR
72227 Z -5820-B
OCCUPANT
7805 BONNIE BRAE RD
LITTLE ROCK AR
72227 Z -5820-B
OCCUPANT
14075 .COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980--A
OCCUPANT
14100 COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
14101 COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
14123 COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980-A �\
OCCUPANT
14124 COLONEL GLENN RD
LITTLE ROCK AR
7221.0 Z -7980-A
OCCUPANT
14200 COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
14220 LAWSON RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
14241 COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
14245 COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
:14249 COLONEL GLENN RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
14524 LAWSON RD
LITTLE ROCK AR
72210 Z -7980-A
OCCUPANT
1005 KIRBY RD
LITTLE ROCK AR
72211 Z-8311
OCCUPANT
710 ASBURY RD
LITTLE ROCK AR
72211 Z-8311
OCCUPANT
715 KIRBY RD
LITTLE ROCK AR
72211 Z-8311
OCCUPANT
716 ASBURY RD
LITTLE ROCK AR
72211 Z-8311
OCCUPANT
723 KIRBY RD
LITTLE ROCK AR
72211 Z-8311
OCCUPANT
805 KIRBY RD
LITTLE ROCK AR
72211 Z-8311
OCCUPANT
905 KIRBY RD
LITTLE ROCK AR
72211 Z-8311
OCCUPANT
2710 LONGCOY ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2800 JOHN BARROW RD
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
8824 W 30TH ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2904 LUDWIG ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2701 JOHN BARROW RD
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2.705 JOHN BARROW RD
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2716 LONGCOY ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2724 LONGCOY ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2800 LONGCOY ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2810 LONGCOY ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2824 JOHN BARROW RD
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2909 MALLOY ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2909 JOHN BARROW RD
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2911 MALLOY ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2916 LUDWIG ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2921 JOHN BARROW RD
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
8818 W 30TH ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2915 LUDWIG ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2900 LUDWIG ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2920 LUDWIG ST
LITTLE ROCK AR
72204 Z-8312
OCCUPANT
2922 LUDWIG ST
LITTLE ROCK AR
72204 Z-8312
City of Little Rock
Department of Planning and Development '-- Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663
March 3, 2008
Randy Satterfield
721 West 2"d Street
Little Rock, AR 72201
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for your
participation in the February 28, 2008 commission meeting. It is very important to the City staff
and the Planning Commission to have citizen input in the planning decision-making process.
Agenda item no. 5, Entergy Substation Revised C.U.P. was deferred to the
April 10, 2008 meeting.
For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Rezoning and Zoning Variances — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Conditional and Tower Use Permits — Dana Carney
Thank you again for your input.
Sincerely,
IZ7
B O YN
Secretary to Little Rock Planning Commission
TB:aa
City of Little Rock
- _Department of Planning and Development - Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
May 23, 2008
Gary Brown
14220 Lawson Road
Little Rock, AR 72210
Dear Citizen:
On behalf of the Little Rock Planning . Commission, I would like to thank you for your
participation in the May 22, 2008 commission meeting. It is very important to the City staff and
the Planning Commission to have citizen input in the planning decision-making process.
Agenda item no. "E", Entergy Substation Revised Conditional Use Permit was approved.
For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Rezoning and Zoning Variances — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Conditional and Tower Use Permits — Dana Carney
The Planning Commission's action may be appealed to the Board of Directors. The appeal must
be filed within thirty (30) days of the Commission's action. The appeal consists of a copy of the
executed application and a letter stating the desire to appeal addressed to the Mayor and Board of
Directors, c/o City Clerk, City Hall, 500 W. Markham Street, Little Rock, AR 72201. The
appellant bears the cost of notification for the Board hearing.
Thank you again for your input.
Sincerely,
TONY BO
jYN
Secretary to Little Ro Planning Commission
TB:aa
City of Little Rock
Department of Planning and Developmmnt : - Planning -
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
May 23, 2008
Francis Jamell
14124 Colonel Glenn Road
Little Rock, AR 72210
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for your
participation in the May 22, 2008 commission meeting. It is very important to the City staff and
the Planning Commission to have citizen input in the planning decision-making process.
Agenda item no. "E", Entergy Substation Revised Conditional Use Permit was approved.
For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Rezoning and Zoning Variances — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Conditional and Tower Use Permits — Dana Carney
The Planning Commission's action may be appealed to the Board of Directors. The appeal must
be filed witbiu thirty (30) days of the Commission's action. The appeal consists of a copy of the
executed application and a letter stating the desire to appeal addressed to the Mayor and Board of
Directors, c/o City Clerk, City Hall, 500 W. Markham Street, Little Rock, AR 72201. The
appellant bears the cost of notification for the Board hearing.
Thank you again for your input.
Sincerely,
TONY Bbn RI
Secretary to Little Rock Planning Commission
TB -aa
City of Little MOCK
Depart6ndnt-of Planning and- Development. -Planning
723 West Markharn Street Zoning and
Little Rack, Arkansas 72201.1334 Subdivision
Phone: (501) 371.4790 Fax: (501)-399-3435 or 371-6863
May 23, 2008
Carolyn Jolley
14280 Colonel Glenn Road _.._r__�.. �._.._. _.W:: .._..�....._....;...�
Little Rock, AR 72210
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for your
participation in the May 22, 2008 commission meeting. It is very important to the City staff and
the Planning Commission to have citizen input in the planning decision-making process.
Agenda item no. "E", Entergy Substation Revised Conditional Use Permit was approved.
For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Rezoning and Zoning Variances — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Conditional and Tower Use Permits — Dana Carney
The Planning Commission's action may be appealed to the Board of Directors. The appeal must
be filed within thirty (30) days of the Commission's action. The appeal consists of a copy of the
executed application and a letter stating the desire to appeal addressed to the Mayor and Board of
Directors, C/o City Clerk, City Hall, 500 W. Markham Street, Little Rock, AR 72201. The
appellant bears the cost of notification for the Board hearing.
Thank you again for your input.
Sincerely,
TONY50
Secretary to Little Rock Planning Commission
City of Little Flock
_-Department�ofPlanning and Developrtient723
g--
723 west Markham street Zoning and
little Rock, Arkansas 72201-133.4 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 .
May 23, 2008
Sue Ann Stephens
14075 Colonel Glenn Road
Little Rock, AR 72210
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for your
participation in the May 22, 2008 commission meeting. It is very important to the City staff and
the Planning Commission to have citizen input in the planning decision-making process.
Agenda item no. "E", Entergy Substation Revised Conditional Use Permit was approved.
For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Rezoning and Zoning Variances — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Conditional and Tower Use Permits — Dana Carney
The Planning Commission's action may be appealed to the Board of Directors. The appeal must
be -filed within thirty (30) days of the Commission's action. The appeal consists of a copy of the
executed application and a letter stating the desire to appeal addressed to the Mayor and Board of
Directors, c/o City Clerk, City Hall, 500 W. Markham Street, Little Rock, AR 72201. The
appellant bears the cost of notification for the Board hearing.
Thank you again for your input.
Sincerely,
TONY B
Secretary to Little Rock Planning Commission
TB:aa
City Of Little ROCK
Department of Planning and Development- - - Planning
723 West Markham Street Zoning and
Uttle Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
May 23, 2008
Tammy McLain
14245 Colonel Glenn Road
Little Rock, AR 72210
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for your
participation in the May 22, 2008 commission meeting. It is very important to the City staff and
the Planning Commission to have citizen input in the planning decision-making process.
Agenda item no. "E", Entergy Substation Revised Conditional Use Permit was approved.
For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Rezoning and Zoning Variances — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Conditional and Tower Use Permits — Dana Carney
The Planning Commission's action may be appealed to the Board of Directors. The appeal must
be filed within thirty (30) days of the Commission's action. The appeal consists of a copy of the
executed application and a letter stating the desire to appeal addressed to the Mayor and Board of
Directors, c/o City Clerk, City Hall, 500 W. Markham Street, Little Rock, AR 72201. The
appellant bears the cost of notification for the Board hearing.
Thank you again for your input.
Sincerely,
TONY BO SISI
Secretary to Little Rock lanning Commission
TB:aa
City of Little Rock
De artment-of=Piannin andDevelo mcnt
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision
May 23, 2008
Jeff Stephens
24 Ashwood Drive
Little Rock, AR 72205
Dear Citizen:
On behalf of the Little Rock Planning Commission, I would like to thank you for your
participation in the May 22, 2008 commission meeting. It is very important to the City staff and
the Planning Commission to have citizen input in the planning decision-making process.
Agenda item no. "E", Entergy Substation Revised Conditional Use Permit was approved.
For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities
are as follows:
Rezoning and Zoning Variances — Monte Moore
Subdivision and Planned Unit Developments — Donna James
Conditional and Tower Use Permits — Dana Carney
The Planning Commission's action may be appealed to the Board of Directors. The appeal must
be filed within thirty (30) days of the Commission's action. The appeal consists of a copy of the
executed application and a letter stating the desire to appeal addressed to the Mayor and Board of
Directors, c/o City Clerk, City Hall, 500 W. Markham Street, Little Rock, AR 72201. The
appellant bears the cost of notification for the Board hearing.
Thank you again for your input.
Sincerely,
T NY BO S
Secretary to Little ock lanning Commission
raac ILLr Ci'n ctb� Tom'•, J-
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Tdeoh tie No.
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
SIXTH DIVISION
QUINEA DANIEL MINTON,
THOMAS MINION, THELMA
MARIE MINTON, RUTH ANN
MINTON, BILLIE JO YOUNG,
LARRY RAY MINTON and
BERNADEEN MINTON
V,
No. CV -06-13229
HOWARD STEPHENS and SUE ANN
STEPHENS, individually and in U;eir
capacities as trustees of the Howard
Grantland Stephens and Sue Ann
Stephens Joint Revocable Trust
DECREE
PETITIONERS
Fi3.ed 09/21/01 10'.4149,
Pat O'Brien P«ia0i Qir-r-Uir rlerk:
RESPONDENTS
On the 31st day of May, 2007, this matter came on for trial and from the
pleadings filed herein, the tesfamony and evidence presented, argument of counsel, and
all things and matters properly before the court, the court doth find and decree as follows:
1. Petitioner's Motion to Dismiss Respondent's Counterclaim is granted in
part and denied in part The Counterclaim is dismissed without prejudice as to all
persons, their heirs, successors, and assigns not presently before the court.
2. Title to the following real property, as against the named Respondents
herein, their heirs, successors, and assigns, and against any and all other persons, is
hereby quieted in Quinea Daniel Minton, Thomas Minton, Thelma Marie Minton, Ruth
Ann Minton, and Billie Jo Young:
A PART OF THE NORTHEAST QUARTER OF SECTION 19,
TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI
COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 19; THENCE
NORTH 88 DEG. 13 MIN. 36 SEC. NEST ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE
OF 739.65 FEET; THENCE NORTH 01 DEG. 54 MIN. 34 SEC.
EAST FOR A DISTANCE OF 456.74 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 89 DEG. 50 MIN. 50 SEC.
EAST ALONG THE CENTERLINE OF CREEK FOR A
DISTANCE OF 27.55 FEET; THENCE NORTH 56 DEG. 13
MIN. 02 SEC. EAST ALONG THE CENTERLINE OF CREEK
FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG.
55 MIN. 48 SEC. EAST ALONG CENTERLINE OF CREEK
FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG.
55 MIN. 49 SEC. EAST ALONG CENTERLINE OF CREEK
FOR A DISTANCE OF 60.24 FEET; THENCE NORTH 01 DEG.
59 MIN. 46 SEC. EAST FOR A.DISTANCE OF 391.68 FEET;
THENCE NORTH 09 DEG, 14 MIN. 12 SEC. WEST FOR A
DISTANCE OF 189.48 FEET; THENCE SOUTH 59 DEG. 24
MIN. 52 SEC. WEST FOR A DISTANCE OF 172.29 FEET;
THENCE SOUTH 01 DEG. 54 MIN. 34 SEC. WEST FOR A
DISTANCE OF 484.61 FEET TO THE POINT OF BEGINNING,
CONTAINING 2.11 ACRES, MORE OR LESS.
TRACT 3
A PART OF THE NORTHEAST QUARTER OF SECTION 19,
TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI
COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 19; THENCE
NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE
OF 395.38 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 88 DEG. 13 MIN. 36 SEC. WEST
ALONG SAID SOUTH LINE FOR A DISTANCE OF 344.27
FEET; THENCE NORTH 01 DEG. 54 MIN. 34 SEC. EAST FOR
A DISTANCE OF 456.74 FEET; THENCE SOUTH 89 DEG. 50
2
CREEK FORA DISTANCE OF 53.39 t<Et;1; 11R�N1;, buu i n
63 DEG. 55 MILT. 49 SEC. EAST ALONG CENTERLINE OF
CREEK FOR A DISTANCE OF 60.24 FEET; THENCE SOUTH
01 DEG. 59 MIN. 46 SEC. WEST FOR A DISTANCE OF 75.38
FEET; THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR
A DISTANCE OF 167.40 FEET, THENCE SOUTH 02 DEG. 34
MIN. 02 SEC. WEST FOR A DISTANCE OF 380.82 FEET TO
THE POINT OF BEGINNING, CONTAINING 3.41 ACRES,
MORE OR LESS.
3. Title to the following real property, as against the named Respondents
herein, their heirs, successors, and assigns, and against any and all other persons, is
liereby°giiieted .iri�TairrN inten ars exfigdeen'M.inton `„
TRACT 2
A PART OF THE NORTHEAST QUARTER OF SECTION 19,
TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI
COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC.
WEST ALONG THE SOUTH LINE OF SAID NORTHEAST
QUARTER FOR A DISTANCE OF 395.38 FEET; THENCE
NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE
OF 380.82 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A
DISTANCE OF 537.62 FEET; THENCE SOUTH 59 DEG. 24
MIN. 52 SEC. WEST FOR A DISTANCE OF 175.00 FEET;
THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A
DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG. 24
MIN. 52 SEC. WEST FOR A DISTANCE OF 76.78 FEET;
THENCE SOUTH 09 DEG. 14 MIN. 12 SEC. EAST FOR A
DISTANCE OF 189.48 FEET; THENCE SOUTH 01 DEG. 59
MIN. 46 SEC. WEST FOR A DISTANCE OF 467.06 FEET;
THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR A
DISTANCE OF 167.40 FEET TO THE POINT OF BEGINNING,
CONTAINING 2.12 ACRES, MORE OR LESS.
43
THE "LESS AND EXCEPT ACRE:"
A PART OF THE NORTHEAST QUARTER OF SECTION 19,
TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI
COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC.
WEST ALONG THE SOUTH LINE OF SAID NORTHEAST
QUARTER FOR A DISTANCE OF 395.38 FEET TO A POINT;
THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A
DISTANCE OF 918.44 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC.
EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH
59 DEG. 24 MIN. 52 SEC. WEST FOR A DISTANCE OF 175.00
FEET; THENCE SOUTH 02 DEG. 34 MIN. 02 SEC, WEST FOR
A DISTANCE OF 250.00 FEET; THENCE NORTH 59 DEG. 24
MIN. 52 SEC. EAST FOR A DISTANCE OF 175.00 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.85 ACRES,
MORE OR LESS.
4. Title to the following real property, as against the Petitioners, their heirs,
successors, and assigns, but not as against persons not parties to this litigation is quieted
in the Howard Grantland Stephens and Sue Atm Stephens Joint Revocable Trust:
PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER, SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST,
PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ONE HALF
INCH REBAR AS SHOWN ON SURVEY BY J. 0. JONES AND
DATED APRIL 18, 1945, TROY D. LAHA AND DATED NOVEMBER
26, 1985 AND JAMES L. BUTLER AND DATED MARCH 27, 2001
USED FOR THE SOUTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER, SECTION 19;
THENCE NORTH 88 DEGREES 13 MINUTES 36 SECONDS WEST
ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER A-ND:PASSING. 4:i A FDU�?D
mn:, hiofTHS::;3�C . M, AR- WITH:. CA;P (PLSr 12 53} AT 31 ,,
FEET FOR A TOTAL DISTANCE OF 395.3-8 FEET TO A POINT;
THENCE NORTH 02 DEGREES 34 MINUTES 02 SECONDS EAST
AND PASSING OVER A ONE AND ONE QUARTER INCH PIPE AT
7.11 FEET FOR A TOTAL DISTANCE OF 1142.61 FEET TO A
4
SOUTH RIGHT OF WAY 1u A ruuNIJ VPir. Klmlli u.tiji
THENCE SOU'G'H 01 DEGREES 49 MINUTES 50 SECONDS WEST
93.51 FEET TO A FOUND THREE EIGHTS INCH REBAR; THENCE
SOUTH 85 DEGREES 14 MINUTES 56 SECONDS EAST 222.11 FEET
TO A FOUND ONE HALF INCH REBAR ON THE EAST LINE OF
THE SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE SOUTH 02 DEGREES 30 MINUTES 49
SECONDS WEST 1136.88 FEET TO THE POINT OF BEGINNING
CONTAINING 10.56 ACRES MORE OR LESS.
It is so ORDERED AND DECREED.
Entered this day of 2007.
TIMOTHY DAVIS FOX
CIRCUIT JUDGE
by;
6iattlebaum, Grooms, 7411 & Burrow PLLC
111 Center Street, Sutie 1900
Little Rock, AR 72201
(501) 379-1'00
FAX (501) 379-1701
5
qDARY CORNERS UNLESS O'r7r E W.'5ESHOWN.
J pROPERTYHAS BEEN SURVEYED,
LBIJSHED IN ACCORDANCE WTTIT EXISTING
MROVENEENTS AREAS SHOWNAEREON.
TRTCTTVE COVENANTS, SUBDTVTSTON
:ANG REGULATIONS OF RECORD IF ANY;
ACCURATE AND CURRENT TTTLE SEARCTi
FOUND PS NAD
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SaYITARY SEWER MAN -BOLE
TELEPHONE PEDESTAL--
FIRE
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DROP INLET GRAZE
HANDICAP PARKING—
BASELINE POINTS
CONCRETE
GUY WIRE ANCHOR
POINT OF BEGINNING—
ELEVATION---
SURVEYOR'S NOTES
(1) RESEARCFTMATERLIL USED TO DETERMINELAND OWNFRSMANDBOUNDARYLINFS:
(B) DSS OFRECORD SSU PLi�F.�IIB�t -34DOWROL
(C) DEMS OF RECORD SUPFUED BY THE OFFKl0FTRECf11,=r,T.S CCF
PULISKI COUNTY. ARR..UrSAS.
(D) SURVEYS FTLEO FOR REWROSUPPLYM BY TAE A -AMO °IS STATESCRVE1RM dFF
(E) SURVEYS BYTROYL.IH.I NOVEmBER26,1985.
(F) SORVEYBYCENTRALARRINS4S SURVEYMOOCIOBER03,2005
((� SURVEYBYO..I.DENFLAMAM3,1963
(Fi) SURVEYBYIA.IOhXSAPRM IS, 1945
(� VERBAL ON SM TESTIMONY BY 5EYFRiLIACIi.RE0WCM-
()) PULISRICOUNTYASSESSOR'SOFFICE,LINUOWNFRSWSECTIOKKOS.
SURVEY &.^RU S ARE BASED Mi
SURVEY 0Y CENTRAL ARKANSAS SLFVCYB+!<i
BATED OCTOBER 03, 2003 G'AGTS CT10FUMTE SYSIEFO.
nr, BEARD= SdCLli ON TIES PLAT ARE ASDNEO AND
ARE TO HE USER TO DEFINE GENERAL DERECTUN AND
TRUE ANGLE AT 2ITER2£CTMN OF PROPERTY AND LAIC LDES.
TRACT TS suB ECT TO EASE imt, RESTRICTTYE
COVMAHTS, SUBDIVETION RFSTPSCIIONS. AM PTJiMM
AHD MNMi REGULAT07E3 OF RECD, IF ANY,
AND IS SZMJD£ T M UCH FACT'S AS AN ACCURATE
No aiRRE+4T TrrLE SEARCH MAY = USE
NO S.TAT04NT 1S HABE AS TO THE
E70STERCE DR LOCATMPL EXCEPT WHERE SHOWN
OF ANY PROPERTY COIZER HONIA" S.
NO STATEMENT IS WADE C[IICOMM v -ms wACE CIEmn,=&
NO STAIFAENT IS MADE CONCFRNQIO F m^OF LOCATIONS.
SIAVEY VAUD ONLY IF PRIVY HAS ORSMAL SEAL
AND SIEMTURE 13F SURVBYOR IN RCE PRESENT ON IT.
UTD mre NOT FIELD VERff1ED.
1 CERTIFY THAT THE ABOVE DESCA U PROPERTY
HAS LEEN SURVEYED, CORICR HONUNNTS HAVE
BEEN ES'TABLEN kD TR ACCORDANCE WTTK CXMTOi0
""IENTATIDN 21 THE AREA NIB D4RDVEMMTS
IF ANY ARE AS SHOV1N HQiECK
O COPYRIGR 0006 ARKANSAS SUtVEYD7G AND CONSILTIOG OIC.
ALL RIGHTS RESERVED
FOUND 1/2" REBAR
AS SHOWN ON SURVEYS BY
J.O. JONES DATED APRIL 18, 1946
TROY D. LAHA DATED HOIEIFBER 26, 1985
3ALR?3 k HUTTER DATED MARCH 27, 2001
USED FOR THE BE COR. 981/4-NSI/4 SECTION 19
P.O.B
STEPHENS PROPERTY
PART OF THE SOUTHE
TOWNSHIP 1 NORTH, F
PARTICULARLY DESCRI
REBAR AS SHOWN ON
LAHA AND DATED NOT
27, 2001 USED FOR 1
NORTHEAST QUARTER.
SECONDS WEST ALONC
NORTHEAST QUARTER
CAP (PLS 1253) AT 3
FOUND FIVE EIGHTS Ih
COURT CASE NUMBER
SECONDS EAST AND F
FEET FOR A TOTAL DI
SOUTH RIGHT OF WAY
50 MINUTES 22 SECOI
TO A FOUND ONE HAI
SECONDS WEST 93.51
85 DEGREES 14 MINUI
INCH REBAR ON THE
NORTHEAST QUARTER;
1136.88 FEET TO THE
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DAIS: 04-04-20013
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William G. Almand
email: u1mand0alltel.net
April 8, 2008
Dana Carney
Little Rock Planning Commission
723 W. Markham Street
Little Rock, Arkansas 72201
RE: Entergy Substation Revised CUP, Z -7980-A
S -1518A Preliminary Plat Minton Dairy Subdivision 3/31/2008
Dear Mr. Carney,
Tel: (501)219-8500
Fax: (501)219-8585
As you know, I represent Howard and Sue Ann Stephens, who are proPgrty owners
who adjoin Entergy's Proposed Colonel Glenn Substation Property. The Stephens have
provided me with a copy of a Central Arkansas Surveying, Inc. Preliminary Plat of
Minton Dairy Subdivision filed with the Planning Commission by Entergy on bearing a
receipt date of March 31, 2008.
I had previously stated in my letter to you of February 20, 2008, that the fence lines
and the wood lines are inaccurately depicted on the survey which had been filed
January 23, 2008. In reviewing the Preliminary Plat, the fence line, depicted as the
"Existing Fence" continues to be inaccurately depicted on the Preliminary Plat.
The Fence line in large part is on the Stephens Western Boundary line with Tract 3. I
have enclosed a partial copy of the Survey used by Judge Fox when he quieted title to
the Minton -Stephens boundary in the recent court case to show that there are actually
two fences in the area, one new fence and an old partial fencelines. The new fence
which is depicted in the Preliminary Plat starts at the southern common boundary
between the Stephens and the Mintons. The Preliminary Plat shows the fence line to be
west of the boundary line in Tract 3 at the southwest comer of the Stephens property
10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK ♦ LITTLE ROCK, ARKANSAS 72205
Letter to Dana Carney
April 8, 2008
Page -2-
and the southeast corner of Tract 3. Again, Mr. Chavis has stated and may contend that
the depiction of the fence line is not intended to be exact, which if true, is a fact not
noted on the drawing.
Nevertheless, the Stephens remain concerned that one using the survey could easily
mistake the location of the boundary line by observing the inaccurate location of the
fence line, and the fact that Mr. Chavis placed a marker 11.39 feet east of his point of
beginning on this Preliminary Plat, which could cause an encroachment on the Stephens
property.
In addition, the Plat states that a pipe was found 8.04' North and .48 feet East of the
Point of Beginning of Tract 3. The Survey commissioned by the Stephens for the court
case with the Mintons done by Scott Foster shows a 1-1/4" Pipe 7.11 feet North of the
official corner as found by Judge Fox. This is another inconsistency noted in a review
of the Preliminary Plat. Mr. Chavis is using the call from the southern common
boundary as found by Judge Fox, and as measured on the enclosed surveys by Mr.
Foster. The location of the pipe on the Preliminary Plat should not be different than
that found by Mr. Foster.
The Stephens respectfully request that the Planning Commission be provided an
accurate plat from Entergy, one that can be relied upon by the Commission and the
public as an official survey and not a preliminary drawing, which not even Mr. Chavis
will state is accurate.
Please advise me of the filing of any further plats in connection with this matter.
Sincerely,
q�?
William G. Almand
WGA/cec
cc: Howard & Sue Ann Stephens
Members of Little Rock Planning Commission
10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK ♦ LITTLE ROCK, ARKANSAS 72205
Letter to Dana Carney
April 8, 2008
Page -3-
Randy Satterfield
Donna James
10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK ♦ . ; LITI E ROCK, ARKANSAS 72205
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William G. Almand
email: ZalmandOahtel.net
February 20, 2008
Dana Carney
Little Rock Planning Commission
723 W. Markham Street
Little Rock, Arkansas 72201
RE: Entergy Substation Revised CUP, Z -7980-A
Dear Mr. Carney,
Tel: (501)219-8500
Fax: (501)219-8585
I represent Howard and Sue Ann Stephens, who are property owners who adjoin
Entergy's Proposed Colonel Glenn Substation Property. The Stephens recently and
successfully concluded litigation filed by the Minton family, who own the property on
which the Substation is .to be built. The issue in Pulaski Circuit Court was to establish
the exact location of the boundary line between the Stephens property and the Minton
property. That boundary line is established by Court Decree.
The Stephens have provided me with a copy of a Central Arkansas Surveying, Inc.
survey submitted to the Planning Commission by Entergy on bearing a file mark date of
January 23, 2008. The survey is not signed or sealed by Bruce Chavis with his license
number, so it is not an official survey, and as such is not reliable, as Mr. Chavis will
quickly tell you, as he told us in the recent litigation.
The Stephens western property line and the Eastern boundary of the Tract 3 depicted on
the survey gives the Stephens some cause for concern. The fence lines and the wood
lines are inaccurately depicted on the survey. It appears that while Mr. Chavis has
changed the bearing and the measurement to the point of beginning of the Boundary
Description on the survey, he has not corrected his depiction of the wood line and the
fence line. The Fence line in large part is on the Stephens Western Boundary line with
10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK ♦ LITTLE ROCK, ARKANSAS 72205
Letter to Dana Carney
February 20, 2008
Page -2-
Tract 3. The survey shows the fence line to be west of the boundary line and inside the
Tree line at the southwest corner of the Stephens property and the southeast corner of
Tract 3. I have discussed the location of the fence lines and tree lines with Mr. Chavis
in the survey, and he has stated. that these lines are not intended to be exact.
Nevertheless, the Stephens remain concerned that one using the survey could easily
mistake the location of the boundary line by observing the inaccurate location of the
fence line, and the fact. that Mr. Chavis placed a marker, 11.39 feet east of his point of
beginning on this -survey, could cause an encroachment: on the Stephens property, by
someone using this survey for reference.
The Stephens respectfully request that the Planning Commission be provided an
accurate survey from Entergy, one that can be relied upon by the Commission and the
public as an official survey and not a preliminary drawing, which not even Mr. Chavis
will state is accurate. The Stephens request that Mr. Chavis clarify the question about
whether the scale is 1" to 50' feet or 40' as the bar above the written scale shows that 1
inch equals 40 feet. This inconsistency should be corrected. When Mr. Chavis
corrects his survey, the Stephens would like the opportunity to copy and review the
new survey, and will do so if you have someone call my office and notify me of the
submission.
Sincerely,
William G. Almand
WGA/cec
cc: Howard & Sue Ann Stephens
Members of Little Rock Planning Commission
Randy Satterfield
Donna James
10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK + LITTLE ROCK, ARKANSAS 72205
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OFFICE OF THE CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Amy Beckman Fields
Deputy City Attorney
September 23, 2009
VIA HAND DELIVERY
Honorable Ellen B ey
Pulaski Coon rrcuit Court, 16th Division
401 W. am, Suite 310
Little
ittl ock. AR 72201
Telephone (501) 371-4527
Telecopier (501) 371.4675 -
Re: Tammy McLain v. City of Little Rock Planning Commission
Pulaski County Circuit Court No. CV -2008-6428
Dear Judge Brantley:
Please find enclosed a file -marked copy of the City's motion for judgment
notwithstanding the verdict and brief in support, which have been filed this date. After the time
to respond has expired, the City would request a brief hearing on its motion.
Thank you for your consideration.
Sincerely,
Amy Bec fields
Deputy City Attorney
ABF: dab
Enclosure
cc/enc: Randy Satterfield (via email and U.S. mail)
Web Darling (via x and U.S. mail)
Tony Bozynski
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
16TH DIVISION
TAMMY McLAIN, FAITHANN GLIDDEN,
MICHAEL L. GLIDDEN, GARY W. BROWN,
DIANE DAVIS, TRUDY CAMPBELL,
MARILYNN M. BAEYENS, ROY R. JOLLEY,
CAROLYN S. JOLLEY, SUE ANN STEPHENS and
HOWARD STEPHENS Individually and as
Trustees of THE HOWARD GRANTLAND STEPHENS
AND SUE ANN STEPHENS JOINT REVOCABLE
TRUST DECLARATION DATED THE 28TH
DAY OF JULY, 1997
VS.
CASE NO. CV -2008-6428
CITY OF LITTLE ROCK PLANNING COMMISSION
ENTERGY ARKANSAS, INC.
MOTION FOR JUDGMENT
NOTWITHSTANDING THE VERDICT
FILED 09/2''3/2009 10:17:34
pat O!Br-iari <ula_r,i Circ ui t fslrr lk,
CR 1 8j
APPELLANTS
APPELLEE
INTERVENOR
Comes Appellee, City of Little Rock ("City"), by and through its attorneys, Thomas M.
Carpenter, City Attorney, and Amy Beckman Fields, Deputy City Attorney, and for its Motion
for Judgment Notwithstanding the Verdict, states:
1. Appellants appealed the City's approval of a preliminary plat and subdivision
application and the City's approval of a revised conditional use permit allowing Intervenor
Entergy Arkansas, Inc. ("Entergy") to construct an electrical substation on property located at
14250 Colonel Glenn, Little Rock, Arkansas.
2. On August 18 to August 20, 2009, this case was tried to a jury. At the conclusion
of the Appellants' case, the City moved for a directed verdict on the issue of the approval of the
preliminary plat and subdivision. The City renewed its motion at the conclusion of the City's
case, as well as at the close of all the evidence. The Court denied the City's motion for directed
verdict.
3. After due deliberation, the jury returned two verdicts. With respect to the approval
of the revised conditional use permit, the jury found in favor of the City and Entergy. With
respect to the appeal of the approval of the preliminary plat and subdivision, the jury found in
favor of Appellants.
2009.
4. A judgment was entered in accordance with the jury's verdict on September 22,
5. This motion addresses only the verdict in favor of the Appellants on the appeal of
the approval of the preliminary plat and subdivision application and that portion of the judgment
in favor of Appellants on the appeal of the approval the preliminary plat and subdivision.
6. Pursuant to Ark. R. Civ. P. 50(b), the City moves that the verdict and judgment in
favor of Appellants on the appeal of the approval of the preliminary plat and subdivision be set
aside and that judgment be entered in accordance with the City's motion for directed verdict.
7. There is no substantial evidence to support the jury's verdict in favor of
Appellants on their appeal of the City's approval of the preliminary plat and subdivision
application and the City and Entergy are entitled to judgment as a matter of law on the appeal of
the approval of the preliminary plat and subdivision application.
8. The City's memorandum brief accompanies this motion.
WHEREFORE, Appellee, City of Little Rock, prays that its Motion for Judgment
Notwithstanding the Verdict be granted; that judgment be entered in favor of Appellee and
Intervenor on the Appellants' appeal of the City's approval of the preliminary plat and
subdivision application; and for all other just and proper relief to which the City may be entitled.
-2-
Respectfully Submitted:
Thomas M. Carpenter
City Attorney ,
By:
Amy Bec fields (89058)
Deputy City Attorney
City Hall — Suite 310
500 West Markham
Little Rock, AR 72201
(501) 371-4527
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon G. Randolph
"Randy" Satterfield, Satterfield Law Firm, PLC, P.O. Box 1010, Little Rock, Arkansas, 72203,
and Webster Darling, Entergy Services, Inc., P.O. Box 551 Little Rock, Arkansas, 72203-0551,
by placing the same in the U.S. Mail, postage prepaid, this �� y of September, 2009.
Amy Beckmak_Delds
-3-
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
16TH DIVISION
TAMMY MCLAIN, FAITHANN GLIDDEN,
MICHAEL L. GLIDDEN, GARY W. BROWN,
DIANE DAVIS, TRUDY CAMPBELL,
MARILYNN M. BAEYENS, ROY R. JOLLEY,
CAROLYN S. JOLLEY, SUE ANN STEPHENS and
HOWARD STEPHENS Individually and as
Trustees of THE HOWARD GRANTLAND STEPHENS
AND SUE ANN STEPHENS JOINT REVOCABLE
TRUST DECLARATION DATED THE 28TH
DAY OF JULY, 1997
VS.
CASE NO. CV -2008-6428
CITY OF LITTLE ROCK PLANNING COMMISSION
ENTERGY ARKANSAS, INC.
BRIEF IN SUPPORT OF MOTION FOR
JUDGMENT NOTWITHSTANDING THE VERDICT
Introduction and Factual Back round
i a -- a _• S iii
APPELLANTS
APPELLEE
INTERVENOR
This case involves an appeal pursuant to Ark. Code Ann. § 14-56-425 of two separate but
related administrative actions taken by the City of Little Rock ("City"). Members of the Minton
family own property located at 14250 Colonel Glenn Road. The property is outside the City
limits, but is within the City's extraterritorial planning jurisdiction. The Mintons authorized
Entergy Arkansas, Inc. ("Entergy") to make two applications to the City of Little Rock Planning
Commission on their behalf. The ultimate purpose of the applications was to permit Entergy to
construct and operate an electrical substation on part of the property at issue in this case.
Entergy, on behalf of the owners, applied for approval of a preliminary plat, which would permit
subdivision of the subject property into three lots. In connection with the application for
approval of the preliminary plat, Entergy sought two variances of the City's ordinances: (1) the
requirement of a certain depth to width ratio for lots within a subdivision, and (2) the
I
i
requirement that all lots within a subdivision have public street frontage. Entergy also sought a
deferral for construction of street improvements required by the City's boundary street
ordinance. The second application was for a revised conditional use permit to allow Entergy to
construct and operate an electrical substation on Lot 3 of the subdivision. Both applications were
approved by the City.
Neighboring property owners opposed both the application for approval of the
preliminary plat and subdivision and the application for a revised conditional use permit. The
neighboring property owners, who are the Appellants in this case, brought this action appealing
the approval of the preliminary plat and subdivision and the approval of the revised conditional
use permit.
This case was tried to a jury from August 18 to August 20, 2009. At the conclusion of
the Appellants' case, the City moved for a directed verdict as to the issue of the preliminary plat
and subdivision on the basis that there was no evidence from which the jury could find that the
City failed to substantially comply with its own ordinances in approving the preliminary plat and
subdivision. The City again moved for directed verdict on the same basis after the City rested
and at the close of all the evidence. The Court denied the City's motion for directed verdict.
At the conclusion of the trial, Appellants' appeals of the two approvals were submitted to
the jury. There were two instructions given to the jury that related to the preliminary plat and
subdivision. The jury was instructed that "the plaintiffs [appellants] have the burden of proving,
by the proponderance (sic) of the evidence the following matters: 1. That the City of Little Rock
failed to substantially comply with its ordinances in approving the preliminary plat for the
subdivision..." The other instruction that related to the preliminary plat and subdivision stated,
"The City of Little Rock has granted a subdivision application and preliminary plat submitted by
-2-
Intervenor, Entergy Arkansas, Inc. The Plaintiffs have appealed the approval of the subdivision
application and preliminary plat. It is your duty to determine hwether (sic) the subdivision
application and preliminary plat should have been approved. If you find from the evidence in
this case that Plaintiffs have proved by a preponderance of the evidence their claim that the
preliminary plat and subdivision application should not have been approved, then your verdict
should be for the Plaintiffs on that issue; but if, on the other hand, you find from the evidence
that this proposition has not been proved, then your verdit (sic) should be for the City of Little
Rock and Entergy Arkansas, Inc. on that issue."
The jury was given two separate verdict forms, one with respect to the preliminary plat
and subdivision, and one with respect to the revised conditional use permit. After deliberating,
the jury returned a verdict in favor of the City and Entergy on the appeal of the revised
conditional use permit. The jury returned a verdict in favor of the Appellants on the appeal of
the preliminary plat and subdivision approval.
There is no substantial evidence to support the jury's verdict in favor of Appellants on
their appeal of the City's approval of the preliminary plat and subdivision application. The City
and Entergy are entitled to judgment on the appeal of the approval of the preliminary plat and
subdivision application as a matter of law.
Argument
"A motion for judgment notwithstanding the verdict is technically only a renewal of the
motion for directed verdict made at the close of the evidence..." Advanced Environmental
Recycling Technologies, Inc. v. Advanced Control Solutions, Inc., 372 Ark. 286, 295, 275
S.W.3d 162, 170 (2008). A trial court may enter a judgment notwithstanding the verdict
(JNOV) "if there is no substantial evidence to support the jury verdict, and the moving party is
-3-
0
entitled to judgment as a matter of law." Aon Risk Services v. Mickles, 96 Ark. App. 369, 375,
242 S.W.3d 286, 291 (2006). "Substantial evidence is that which goes beyond suspicion or
conjecture and is sufficient to compel a conclusion one way or the other." Advanced
Environmental Recycling Technologies, 372 Ark. at 297, 275 S.W.3d at 171.
A city's actions are not invalid when the city has substantially complied with the
procedures set forth in its own ordinances. Mings v. City of Fort Smith, 288 Ark. 42, 46, 701
S.W.2d 705, 707 (1986). The Arkansas Supreme Court has addressed a city's obligation to
substantially comply with its own ordinances, holding that "[a] city is required to comply with
the mandatory procedural rules of its own municipal ordinances." Taggart & Taggart Seed Co.,
Inc. v. City of Augusta, 278 Ark. 570, 573, 647 S.W.2d 458, 459 (1983). The Court went on to
state that "those things which are of the essence of the thing to be done are mandatory, while
those not of the essence of the thing to be done are directory only." Id., 378 Ark. at 574, 647
S.W.2d at 460.
The jury in this case was instructed with respect to the preliminary plat and subdivision
that the Appellants had the burden of proving that the City of Little Rock failed to substantially
comply with its ordinances in approving the preliminary plat for the subdivision. During the
course of the trial in this case, Appellants attempted to show that the City failed to substantially
comply with its ordinances in approving the preliminary plat and subdivision. There was no
substantial evidence presented to the jury from which the jury could find that Appellants met
their burden of proving that the City failed to substantially comply with its own ordinances in
approving the preliminary plat and subdivision and the City and Entergy are entitled to judgment
as a matter of law.
M
There was evidence presented at trial that an application for approval of a preliminary
plat or subdivision must be made by the property owners or the owners' authorized agent.
During the trial, the Court granted the motion for partial summary judgment filed by the City
prior to the trial, finding that the property owners (the Mintons) had authorized Entergy to act as
their authorized agent for the purpose of the application for approval of the preliminary plat and
subdivision. The Court additionally granted the City's motion for partial summary judgment
with respect to the boundary lines of the property, finding that the property depicted on the
preliminary plat conforms to the boundaries of the subject property as established in a previous
quiet title action involving the property.
Appellants presented evidence that the City's ordinances require submission of a draft
bill of assurance with the preliminary plat and subdivision application. A draft bill of assurance,
submitted by Entergy, was admitted into evidence in this case. Appellants introduced and the
Court admitted into evidence a certified copy of the proceedings before the City related to the
preliminary plat and subdivision. The draft bill of assurance submitted by Entergy is contained
within that exhibit. Later, during jury deliberations, the jury asked to see a copy of Little Rock
Code § 31-93. A copy of that code section was provided to the jury. Little Rock Code § 31-93
is entitled "Bill of assurance" and provides: "The draft submitted shall use the format provided
within the sample draft provided by staff. This format will ensure that the proposed bill of
assurance separates those provisions required in the plat by ordinance and those provisions
desired by the developer."
No reasonable juror could conclude that the draft bill of assurance submitted by Entergy
was not the same as the sample draft provided by staff and referred to in Little Rock Code § 31-
93. It is clear from the formatting that Entergy used the sample format provided by staff — the
-5-
header on the document is the same as all other City documents contained within the subdivision
file. Each and every substantive provision regarding the covenants and restrictions to be
contained in an eventual final Bill of Assurance are contained within the draft bill of assurance
submitted with the application. Tony Bozynski, Director of Planning and Development for the
City of Little Rock, testified that bills of assurance are not finalized until approval of the final
plat. The draft bill of assurance submitted by Entergy accomplished the purpose of the
ordinance: it included the provisions required by the City, as set forth in the draft form prepared
by City staff and submitted by Entergy, and established that there were no other provisions that
the developer wished to include in the bill of assurance that would ultimately be filed upon
approval of the final plat.
There is no substantial evidence by which the jury could find that the City failed to
substantially comply with its ordinance requirements with respect to the bill of assurance. As an
initial matter, the requirement of submitting a draft bill of assurance is not "of the essence of the
thing to be done" in connection with applying for approval of a preliminary plat and is therefore
not mandatory. Even if the Court determines that submitting a draft bill of assurance is
mandatory, the draft bill of assurance that is required to be submitted with the preliminary plat
was in fact submitted by Entergy. The City substantially complied with its own ordinances in
accepting the draft bill of assurance and there is no substantial evidence from which the jury
could reasonably conclude that the City did not.
Appellants introduced evidence that, pursuant to the City's ordinances, an applicant may
only request two deferrals of consideration by the Planning Commission of an application for
approval of preliminary plat and subdivision. It was established through Mr. Bozynski's
Kom
testimony and undisputed that there were no deferrals requested with respect to the preliminary
plat and subdivision application at issue in this case.
Appellants introduced evidence that the City generally requires lots within subdivisions
to have public street frontage. However, Mr. Bozynski testified that, while this is the general
rule, the City's ordinances also provide that an applicant may request a variance from this
requirement. Mr. Bozynski testified that Entergy requested a variance of the public street
frontage requirement and that the Planning Commission approved the variance, as allowed by
ordinance. Mr. Bozynski additionally testified that the Planning Commission approved a
variance of lot width to depth ratio and that this variance was allowed and approved in
compliance with the City's ordinances. There was absolutely no evidence with regard to the
variances from which the jury could find that the City failed to substantially comply with its own
ordinances in approving the requested variances.
Evidence was introduced during the trial that the City's boundary street ordinance
generally requires a developer who subdivides property to construct street improvements.
However, Mr. Bozynski testified that the City's ordinances provide a mechanism by which an
applicant can request a deferral. Such a deferral was requested in this case. The Planning
Commission recommended approval of the deferral, and the Board of Directors passed an
ordinance amending the City's Master Street Plan to defer construction of the street
improvements for five years, or until development of adjacent property, whichever comes first.
Again, Mr. Bozynski testified that this deferral was accomplished in compliance with the
procedures set out in the City's ordinances and Appellants introduced no evidence to the
contrary.
-7-
I
There was testimony during the trial that the approval of the preliminary plat and
subdivision approval was never submitted to the Board of Directors. Mr. Bozynski testified that,
pursuant to the City's ordinances, a preliminary plat and subdivision approval are final at the
Planning Commission level and are appealable directly to Circuit Court. Mr. Bozynski also
testified that variances that are granted as part of the preliminary plat and subdivision approval
process are final at the Planning Commission level unless they are appealed to the Board of
Directors. However, he testified that the Appellants in this case did not appeal the variances to
the Board of Directors. The preliminary plat and subdivision were not presented to the Board of
Directors because the ordinances governing the procedures for approval of preliminary plats and
subdivisions do not provide for submitting these approvals to the Board. There was no evidence
before the Court from which the jury could find that failure to present the preliminary plat and
subdivision to the Board constitutes noncompliance with the City's ordinances.
Pursuant to the instructions given to the jury, in order to prevail on their appeal of the
approval of the preliminary plat and subdivision, Appellants were required to prove by a
preponderance of the evidence that the City failed to substantially comply with its own
ordinances. There not only was an absence of substantial evidence from which the jury could
have concluded that the City failed to substantially comply with its own ordinances in approving
the preliminary plat and subdivision, there was a complete absence of any evidence from which
the jury could have reached such a finding. There is nothing in the record that supports a finding
that the City failed in any way to comply with its own ordinances. Appellants had the burden of
proof on- this issue. Appellants failed to meet their burden and the City is accordingly entitled to
judgment as a matter of law on the appeal of the approval of the preliminary plat and
subdivision.
KIM
Conclusion
The City is entitled to judgment as a matter of law. The City respectfully requests that
the Court enter judgment notwithstanding the verdict on Appellants' appeal of the City's
approval of the preliminary plat and subdivision application at issue in this case.
Respectfully Submitted:
Thomas M. Carpenter
City Attorney
By:
Amy Becket ields (89058)
Deputy City Attorney
City Hall — Suite 310
500 West Markham
Little Rock, AR 72201
(501) 371-4527
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon G. Randolph
"Randy" Satterfield, Satterfield Law Firm, PLC, P.O. Box'1010, Little Rock, Arkansas, 72203,
and Webster Darling, Entergy Services, Inc., P.O. Box 551, Little Rock, Arkansas, 7220-0551,
via e-mail and by placing the same in the U.S. Mail, postage pre-pald, this �_ day of
September, 2009. fy
Amy Becknia_nTields
OFFICE OF THE CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Amy Beckman Fields
Deputy City Attorney
September 22, 2009
Webster Darling
Attorney at Law
Entergy Services, c.
P.O. Box 551
Little Rock 72203-0551
G. R olph "Randy" Satterfield
Satt field Law Firm, PLC
P. Box 1010
Little Rock, AR 72203
Telephone (501) 371.4527
Telecopier (501) 371.4675
Re: Tammy McLain v. City of Little Rock Planning Commission
Pulaski County Circuit Court No. CV -2008-6428
Dear Web and Randy:
Please find enclosed file -marked copies of the judgment and order granting motion for
partial summary judgment in the above -referenced matter.
If you have any questions, please let me know.
Sincerely,
Amy Beckman Fields
Deputy City Attorney
ABF:dab
Enclosure
cc/enc: Tony Yn Boz ski
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
16TH DIVISION
TAMMY McLAIN, FAITHANN GLIDDEN,
MICHAEL L. GLIDDEN, GARY W. BROWN,
DIANE DAVIS, TRUDY CAMPBELL,
MARILYNN M. BAEYENS, ROY R. JOLLEY,
CAROLYN S. JOLLEY, SUE ANN STEPHENS and
HOWARD STEPHENS Individually and as
Trustees of THE HOWARD GRANTLAND STEPHENS
AND SUE ANN STEPHENS JOINT REVOCABLE
TRUST DECLARATION DATED THE 28TH
DAY OF JULY, 1997
VS.
CASE NO. CV -2008-6428
CITY OF LITTLE ROCK PLANNING COMMISSION
ENTERGY ARKANSAS, INC.
ORDER
FILED 09/22I2009 11:15-'31
Pat O'Brien Pulaski Circuit Clert
CRI E9
APPELLANTS
APPELLEE
INTERVENOR
On the 6`I' day of August, 2009, came to be heard Appellee's Motion for Partial Summary
Judgment and the Court having heard arguments of counsel, reviewed the pleadings filed herein,
and otherwise being well and sufficiently advised in the law and the facts finds as follows:
1. That this Court has jurisdiction over the parties and subject matter in this case.
Venue is proper in this Court.
2. That the record title owners of the property located at 14250 Colonel Glenn Road,
Little Rock, Arkansas comprising the Minton Dairy Subdivision authorized Intervenor, Entergy
Arkansas, Inc., to act as their agent for approval of the subdivision and preliminary plat of the
subject property.
3. That the property described and depicted on the preliminary plat of the Minton
Dairy Subdivision which was approved by the City of Little Rock on May 8, 2008, conforms to
the boundaries of the subject property established by decree entered September 22, 2007, in
connection with the quiet title action styled Quinea Daniel Minton, et al. v. Howard Stephens, et
al., No. CV 06-13229.
4. The Court, therefore, grants Appellee's Motion for Partial Summary Judgment
which was filed in this case on July 2, 2009.
IT IS SO ORDERED the day of , 2009.
Prepared by:
V11 J -
Amy Beckmku Pields (89058)
Deputy City Attorney
500 W. Markham, Ste. 310
Little Rock, AR 72201
(501) 371-4527
-2-
j I
The Honorable Ellen B. Brantley
Pulaski County Circuit Judge
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
16TH DIVISION
TAMMY MCLAIN, FAITHANN GLIDDEN,
MICHAEL L. GLIDDEN, GARY W. BROWN,
DIANE DAVIS, TRUDY CAMPBELL,
MARILYNN M. BAEYENS, ROY R. JOLLEY,
CAROLYN S. JOLLEY, SUE ANN STEPHENS and
HOWARD STEPHENS Individually and as
Trustees of THE HOWARD GRANTLAND STEPHENS
AND SUE ANN STEPHENS JOINT REVOCABLE
TRUST DECLARATION DATED THE 28TH
DAY OF JULY, 1997
VS.
CASE NO. CV -2008-6428
CITY OF LITTLE ROCK PLANNING COMMISSION
ENTERGY ARKANSAS, INC.
JUDGMENT
FILED 09/22/2009 11:15:05
- -_ L
Clark
C" 0
APPELLANTS
APPELLEE
INTERVENOR
On August 18 through August 20, 2009, this cause came on to be heard. Appellants
appearing in person and by their attorney, G. Randolph "Randy" Satterfield, Appellee appearing
by its attorney, Amy Beckman Fields, and Intervenor appearing by its attorney, Wm. Webster
Darling. All parties announcing ready for trial, a jury was duly selected, empaneled and sworn
to try the issues of fact arising herein.
After hearing the statements of counsel, the testimony and evidence on behalf of all
parties, the instructions of the Court and the arguments of counsel, the jury retired, and after due
deliberation, returned in open Court the following verdicts:
"On Plaintiffs' appeal of the City's approval of the Intervenor Entergy Arkansas, Inc.'s
application for a Revised Conditional Use Permit, we find in favor of City of Little Rock and
Entergy Arkansas, Inc.
/s/ Thomas J. Hart, Foreman
/s/
Brenda J. Hodges
/s/
Jacqueline B. Hall
/s/
Charlotte Johnson
/s/
Rita Clark
/s/
Bill Harrell
/s/
Dorothy Junkin
/s/
Keith Danforth
/s/
Lynda G. Anderson"
"On Plaintiffs' appeal of the City's approval of the Intervenor Entergy Arkansas, Inc.'s
subdivision application and preliminary plat, we find in favor of
Plaintiffs.
/s/
Debra Latture
/s/
Jacqueline B. Hall
/s/
Rita Clark
/s/
James T. Harrison
/s/
Charlotte Johnson
/s/
Linda Duelmer
/s/
Brenda J. Hodges
/s/
Bill Harrell
/s/
Dorothy Junkin"
Based upon the verdicts of the jury, it is:
ORDERED, ADJUDGED, AND DECREED that judgment is hereby entered in favor of
the City of Little Rock and Entergy Arkansas, Inc. on Appellants' appeal of the approval of
Entergy Arkansas, Inc.'s application for a Revised Conditional Use Permit to construct and
-2-
operate an electrical substation on property located at 14250 Colonel Glenn Road, Little Rock,
Arkansas. It is further ORDERED, ADJUDGED, AND DECREED that judgment is hereby
entered in favor of Appellants on Appellants' appeal of the approval of Entergy Arkansas, Inc.'s
application for approval of a preliminary plat and subdivision located at 14250 Colonel Glenn
Road, Little Rock, Arkansas.
Prepared By:
Amy BeckmanlFie ds
Deputy City Attorney
5[]0 West Markham, Suite 310
Little Rock, AR 72201
(501) 371-4527
k. VAL
-3-
ELLEN B. BRANTLEY
CIRCUIT JUDGE
DATE
IS EP 212009
Page 1 of 1
Carney, Dana
From: Bozynski, Tony
Sent: Friday, August 21, 2009 7:34 AM
To: James, Donna; Carney, Dana
Subject: FW: LITIGATION ALERT: Tammy McClain, et al v. City of Little Rock, Entergy Arkansas
Intervenor
Importance: High
After three days ..
-----Original Message -----
From: Carpenter, Tom
Sent: Thursday, August 20, 2009 6:26 PM
To: Moore, Bruce; Day, Bryan; Bozynski, Tony; Brad Cazort; Brenda Wyrick; Doris Wright; Dr. Dean Kumpuris;
Erma Hendrix; Gene Fortson; Joan Adcock; Ken Richardson; Mayor; Mayor Stodola; Mayor Stodola; Michael Keck;
Stacy Hurst
Cc: Mann, Bill; Fields, Amy; Beebe, Shayla
Subject: LITIGATION ALERT: Tammy McClain, et al v. City of Little Rock, Entergy Arkansas Intervenor
Importance: High
Dear Mayor Stodola and Members of the Board of Directors,
Within the last hour, a Pulaski County jury rendered its verdict in the McClain case noted above. This case
deals with two issues: (1) Did the City follow its procedures when it subdivided a parcel of land; and, (2) Did the
City properly grant a conditional use permit to Entergy to construct an electrical substation on the subdivided
land? The case dealt with a situation that took a considerable amount of time before the Planning Commission
and the Board of Directors. Once granted, the issue was raised a second time in order to correct a property
description.
The jury determined that the City did not properly grant the subdivision. However, the jury also found that
the City properly granted the CUP to Entergy. The verdict is inconsistent since the CUP can only go on a parcel
of property in a subdivision. However, we believe that a Motion for a Judgment Notwithstanding the Verdict
U.N.O.V.) is appropriate and will be filing such a motion. Essentially, there was no evidence that the City did not
follow its procedures in deciding to subdivide the property. So, we will ask that this part of the jury verdict be
set aside. At the end of the proceeding, the Court noted that it expected post -trial motions to be filed.
While the case is not completely finished, then, it is possible that the result will be published in the
newspapers tomorrow, that there will be radio or television coverage, or that the issue might be raised again
during the Citizen Communication portion of a Board meeting. So, I wanted you to have this information as
quickly as possible.
If there is any additional information that you need, please feel free to contact me. Deputy City Attorney
Amy Fields represented the City's interest in this case.
Tom
Thomas M. Carpenter
OFFICF OF THF CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
(T) 501-371-6875 (direct)
(T) 501-371-4527 (office)
(F)501-371-4675
(M) 501-993-1052
tcarin n ccr�a3littlera�k.org
8/21/2009
Entergy substation verdicts `inconsistent,
BY KRISTIN NETTERSTROM
ARKANSAS DEMOCRAT -GAZETTE
A substation that Entergy
wants to build in Pulaski County
properly received a conditional
use permit from Little Rock to
build, but the subdivision where
it would be built is illegal, a jury
decided this week.
Littl(4Rock attorneys expect
to ask the judge to overturn the
jury's second decision, calling
the two verdicts "inconsistent:'
"We feel like the plaintiffs did
not provide any evidence from
which the jury could find that
the city failed to follow its or-
dinances in approving that pre-
liminary plat" said Amy Fields,
a deputy city attorney for Little
Rock whoylepresented the city
this week' in front of Circuit
Substation
at
Court Judge Ellen Brantley.
City Attorney Tom Carpen-
ter wrote in an update to city
directors Friday that the verdict
is inconsistent because a con-
ditional -use permit can only go
on a parcel of property in a sub-
division,
Randy Satterfield, the attor-
ney representing the 14 residents
who sued, declined to comment
• Continued from Page 113
the project, but city officials vot-
ed in favor of the landowner and
the substation. The land at 14250
Colonel Glenn Road is about two
miles west of interstate 430, and
although it is outside city limits,
it is within Little Rocks planning
jurisdiction.
The substation would be the
first to be built in the Little Rock
area in 30 years, and Entergy says
it is needed to serve growing west
Little Rock. A substation has a
series of transformers that help
reduce high voltages of electricity
to a lower voltage that can then
travel over power lines to people's
homes.
Residents claimed that Little
Rock broke its rules by allowing
Entergy and the landowner sell-
ing the prnperiy to avoid several
requirements needed to allow
industrial activity in a residen-
tial area. For instance, the plan-
ning commission approved the
substation even though Entergy
hadn't received a flood plain de-
velopment permit from Pulaski
County.
City officials believe otherwise,
arguing that the substation's con-
ditional -use permit and subdivi-
sion plat were properly approved
and that the utility substation is an
appropriate use for the property.
The group. of neighbors filed
their first lawsuit against the city,
Entergy and the property own-
ers in 2007, after Little Rock city
directors approved the two ap-
plications. The lawsuit was later
dismissed.'Ibe group ofresidents
then filed a similar claim in June
2008, but this time only against
the city.
Littre
Subdivision at
center of lawsuit
Arkansas Democrat -Gazette
Residents also continued them
efforts at City Hall to block the
substation.
In August 2008, Entergy's Alar,
returned to the city board after
the company changed the loca-
tiOn of an access road from Colo-
nel Glenn Road to Lawson Road
The company also reduced the
size of the project,
City directors approved the
revisions despite the county resi-
dents' concerns about flooding,
survey documents and other pro-
cedural issues.
After a three-day trial this
week, the jury came back Thurs-
day evening with a verdict that
said the city properly issued the
permit for the substation itself.
But in a second verdict, jurors
said the three -lot subdivision
wasn't created properly.
The case is Tammy McClain
vs. City of Little Rock, and along
with McCIain, other residents
who sued are: Faithann Glid-
den, Michael L Glidden, Gary W.
Brown, Diane Davis, Trudy Camp-
bell, Marilynn M. Baeyens, Roy R
Jolley, Carolyn s. Jolley, Michael
Roman, Nancy Roman, Sue Ann
Stephens and Howard Stephens,
Ind Emma Sue Thompson.
torneys argu,
Friday because the case is stil-
in litigation.
Residents near the Colonel
Glenn Road site sued Little Rock
in June 2008, appealing the city's
approval of a 7.8 -acre subdivi-
sion and the substation.
The neighbors had appeared
at planning commission and city
board meetings, trying tq� stop
See SUBSTATION, page 10B
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OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JULY 15, 2008 AGENDA
Subject
Resolution rescinding the
Planning Commission's
approval of a revised
conditional use permit for an
Entergy Substation; located at
14250 Colonel Glenn Road.
(Z -7980-A)
Submitted by:
Department of Planning and
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN
PARTICIPATION
Action Required
Ordinance
Resolution
Approval
Information Report
Submitted By
Bruce Moore
City Manager
Record objectors have appealed the Planning Commission's
approval of a revised conditional use permit for the previously
approved Entergy Utility Substation to be located on the R-2
zoned property at 14250 Colonel Glenn Road.
I None
Denial of the resolution; approval of the revised conditional use
permit.
The Planning Commission reviewed this issue at its May 22, 2008
meeting. There were several objectors present. All owners of
properties located within 200 feet of the site and all residents
within 300 feet who could be identified were notified of the
request.
The Commission voted 10 ayes, 0 noes and 1 absent to approve
the application.
BACKGROUND
On May 11, 2006, the Planning Commission approved a
conditional use permit to allow construction of an Entergy
Utility Substation on this R-2 zoned tract. A preliminary plat
was also approved, creating a 3 -lot residential plat with a
variance to allow a lot without public street frontage. An
access easement was approved to provide access off of Colonel
Glenn Road to the lot. It is on this lot that the substation was
approved. On February 20, 2007, the Board of Directors
upheld the Commission's action, approving the plat and C.U.P.
Objectors filed suit, seeking to overturn the City's action. That
trial is pending.
Entergy has filed a revision to the previously approved
conditional use permit. The utility proposes to take access from
Lawson Road to the substation site, rather than from the access
easement onto Colonel Glenn Road. That access easement,
which was a part of the approved plat, will remain in place and
will be used as a utility easement. The access road to Lawson
will be constructed entirely within an existing Entergy
transmission line right-of-way.
Under the presently approved C.U.P., access to the substation
would extend from Colonel Glenn Road, across Tract 1 of the
3 -lot subdivision and across an unnamed tributary of McHenry
Creek. Taking access from Lawson Road will make use of the
existing utility right-of-way easement. This proposed access
will minimize the impact caused by access to the subdivided
property and eliminate the need for channelization work to the
unnamed tributary. Also, the substation has been reduced from
a 3 -transformer bay structure to a 2 -bay structure and the
northern fence line has been revised to allow for less visibility
from the north. The site plan has been slightly modified to
adjust to the boundary set by the court as a result of a boundary
dispute.
The substation will be enclosed by a 7 -foot tall chain link fence
topped by 3 strands of barbed wire, for a total height of 8 feet.
Two gates will provide access to the substation. An additional
steel gate is proposed on the access drive itself, approximately
100 feet off of Lawson Road. A letter of approval has been
provide by the Crystal Fire Protection District No. 24. Signage
will include an aluminum sign with Entergy name, logo and
substation name. The sign will be mounted on the south fence
of the substation. Applicable warning signs will also be
2
BACKGROUND
CONTINUED
included. A letter from an engineer certifying sight -distance for
the driveway onto Lawson Road has been provided to Public
Works. The applicant is working with Pulaski County Staff to
comply with applicable development requirements in the
floodplain.
On May 22, 2008, the Planning Commission approved the
application by a vote of 10 ayes, 0 noes and 1 absent. Record
objectors have appealed that action. Please see the attached
Planning Commission minutes for the complete analysis and
Commission action.
3
RESOLUTION NO.
A RESOLUTION RESCINDING THE LITTLE ROCK
PLANNING COMMISSION'S ACTION IN APPROVING A
REVISED CONDITIONAL USE PERMIT FOR THE
ENTERGY UTILITY SUBSTATION TO BE LOCATED ON
THE R-2 ZONED PROPERTY LOCATED AT 14250
COLONEL GLENN ROAD. (Z -7980-A)
WHEREAS, an application for revised conditional use permit was filed by
Entergy Arkansas for a utility substation to be located on the R-2 zoned property located
at 14250 Colonel Glenn Road; and,
WHEREAS, at its May 22, 2008 meeting, the Little Rock Planning Commission
voted to approve said application by a vote of 10 ayes, 0 noes and 1 absent; and,
WHEREAS, record objectors have appealed the action of the Little Rock
Planning Commission in approving said revised conditional use permit application; and,
WHEREAS, the Board of Directors of the City of Little Rock, Arkansas has
determined the action of the Little Rock Planning Commission in approving said revised
conditional use permit to be inappropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The action of the City of Little Rock Planning Commission in
approving the Entergy Arkansas Revised Conditional Use Permit (Z -7980-A) is hereby
rescinded.
SECTION 2. Said revised conditional use permit is hereby denied.
SECTION 3. This resolution shall be in full force and effect from and after its
adoption.
ADOPTED:
ATTEST:
City Clerk
APPROVED:
Mayor
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
June 24, 2008
G. Randolph Satterfield
P.O. Box 1010
Little Rock, AR 72203-1010
Re: Appeal of Entergy Arkansas Revised Conditional Use Permit
Dear Mr. Satterfield:
I have received your letter in which you state your desire to appeal the Planning Commission's
approval of a revised conditional use pen -nit for an Entergy Utility Substation to be located at
14250 Colonel Glenn Road (Z -7980-A).
The item will be placed on the Board of Directors' July 15, 2008 agenda to set the date of public
hearing for August 5, 2008. Board of Directors' meetings are held in the Board Chamber located
on the second floor of City Hall, at 500 West Markham Street. The meetings begin at 6:00 p.m.
As the appellant, you are responsible for notification of the public hearing. I have included a
notice form for your use. In addition to the attached list from the abstract company, you need to
notify additional parties including neighborhood associations and record objectors. I have also
attached a list of those parties.
Do not send the notice until after the July 15, 2008 Board meeting to be sure that the public
hearing is set for August 5, 2008. The notices do need to be sent via certified mail no later
than ten (10) days prior to the public hearing. Proof of notice, including the certified mail
receipts, a copy of the notice and the complete list of persons notified, must be returned to
the City Clerk one (1) week prior to the public hearing. Failure to send the required
notices will result in withdrawal of the appeal.
If you have any questions, please contact me at 371-6817 or cicame @)iittlcrock. or .
Sincerely,
"I {11
``^! `c c
Dana Carney
Zoning and Subdivision Manager
cc: Tony Bozynski
Nancy Wood, City Clerk
James Jones, Entergy Arkansas
NOTIFICATION FOR APPEAL HEARING
NOTIFICATION OF ALL PERSONS ON THE ATTACHED
PAGES IS REQUIRED.
February 13, 2008
Mr. Dana Carney
Manager, Zoning and Subdivision
City of Little Rock
723 W. Markham
Little Rock, AR 72201
Entergy Customer Service
Ninth & Louisiana
P.O. Box 551
Little Rock, AR 72203
Tel 501 396 4337
James E. Jones
Regional Customer Service Manager
Re: Notice of Public Hearing on Application for Revised Conditional Use Permit
Dear Mr. Carney:
Enclosed is Notice of Public Hearing Before the Little Rock Planning
Commission on an Application for Revised Conditional Use Permit with signed Affidavit
certifying that all property owners of record within 200 feet of the property and the
access road which is the subject of the Application for Revised Conditional Use Permit
have been given notice that a public hearing to consider this Application will be held in
the Chamber of Little Rock Board of Directors, 2nd floor, City Hall, on February 28,
2008, at 4:00 PM.
Attached to the Notice and Affidavit are US Postal Service Certified Mail
Receipts and letter dated February 4, 2008, from Beach Abstract & Guarantee Company,
Inc. with the list of property owners of record.
In addition to those property owners shown on the list from Beach Abstract &
Guarantee Co., Inc. notification of this public hearing was also sent to the following as
evidenced by the Certified Mail Receipts also attached to the Affidavit:
i) Gary S. and Martha C. Markland
15515 Joiner Road
Little Rock, AR 72210
ii) Stephens Joint Revocable Trust
14075 Colonel Glenn
Little Rock, AR 72210
iii) Emma Sue Thompson
14124 Colonel Glenn
Little Rock, AR 72210
iv) Larry Ray Minton
14123 Colonel Glenn Road
Little Rock, AR 72210
V) Roy R. and Carolyn S. Jolley
14300 Colonel Glenn Road
Little Rock, AR 72210
If you have any question or comments feel free to contact me at any time.
Since e1y,
ames Jones
Regional Customer Service Manager
Beach Abstract & Guaranty Company, Inc.
AJ ��
Iwo 100 Center Street - P.O. Box 2580
Little Rock, AR 72203
».,
(501) 376-5652
Facsimile (501) 376-5625
February 4, 2008
Entergy
Attn: Wm Webster Darling
425 W Capitol Avenue
Little Rock AR 72203
Beach #S08-2004
Dear Mr. Darling:
We have examined the records of Pulaski County, Arkansas, up to January 13, 2008 at 7:00 A.M. as
to the property dying within 200 feet to the property described, to wit:
?.
PA Oi� `1'11v i ;1e1'I.'"c. '�3a::[` sF' K 7€ N4 :i,.
,.:a is 1 j '4�Ir''EST.i K .' A �'l�.f.
VU'LL1` WSCR`1=4ED
>��;�:��k:E:��{r#�; L�z�'a��.�'��I;k�i.�`�"`l`+�?:�(?IT'S'I•ITd��'f`
t;CRNM'--R 0? TER SOMIU1r"aASTQUU..,X FAOFTH
NORT�113 RT QUARTER 0- -SA#F3 a.l::�.'f:'i:'L3' :19: TM -NCE
NUA11115 �fa4a, :f i ,L i •€< 1t :. �4'I `T 1aEt 'L "l s. ;
:1u 3 01" t'i.il ' SM--HARART QU, RF::R. (YF THS`
NORT142-4ST QUAR-1-TR OF UK-- 19 FORA. 04--s-TANCF-�
OY 3•-5:.3� 17F `T40 THF. POIt'T (117 lir:.: N4 4� . NG;'1'l: UNC:`..
V&) , °
A1:;OWSAIV S•OCI'M T:NT. OR A M-6TAN C'•Ii 0Ia 344.27
Rt q
:�L�a�`1'�s:�f:(,�.��l���G:�+k_F.1:T,�€•�r�i;r.�€�[�r>�[.��r1^x �zT
lr{NG €r.
='K"IR A T IS1,21INCJ KYR," 5:6 Dl t:r.
MIN. i1 # . EAS- . ALONC%Tf. F. CFN
7 DRO, �5 WK 48 wii=:�: F;:. SI'A:,,(. l.[��:3 C ��1'i 9 :t �Za K)
SI :C}W,. 5,`.: N..1.11N.49.:'EC', i''AS`l:'ALONG -CEdT`.RTtITNTI OF
G# 19 MTN. K1s 151c. FA.4:'€:' �K R
A DISTANCE U1,, ICI A.0. ��e F'''F;
north right of way line of Lawson Road; thence N60°40'43'E along said right of way line for a
distance of 40.29 feet; thence N22°28' 01"W parallel to the West Transmission line Right of Way
for a distance of 427 feet; thence N42°09'14"W for a distance of 51.93 feet to the point of
beginning.
We do not certify as to the validity of title and our liability is limited to the amount paid for this service.
Addresses of owners cannot be guaranteed accurate.
If we can be of further service to you, please call us.
I
y,
Donna Davis
Special Service Department
501-376-5652
Enclosures
Mr. Darling
Page 3
Owners: Legal Descriptions:
Tammy McLain Part of the NEA Section19, T71 -N, R -13-W
14245 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 97-40678
Minton LLC Part of the NEA Section19, T -1-N, R -13-W
582 Channing Road Pulaski County Arkansas
Nashville AR 71852 Instrument # 96-87692
Michael and Faithann Glidden Part of the NE'/4 Sectionl9, T -1-N, R -13-W
14345 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 79-18965
Howard and Sue Ann Stephens Part of the NE'/4 Sectionl9 ,T -1-N, R -13-W
14075 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 97-50378
Koban Family LLC The SEl/4 Sectionl9, T -1-N, R -13-W
5239 Brooklyn Ave NE Pulaski County Arkansas
Seattle WA 98105 Instrument # 2001-006820
S PORM,
ADN
FOR PERSONS f�%21%7S68MYPLANM[N
G COMI&Hss
card cam b
up;a
West Mal 0 pi,,Ikid; any. time Ili thL6 Planning and Devel
rkhrw. opment-Office
1_Utt1e1ZqckArkaftsas..
I wish
P speak -2b'Dui ffein'g..'-
on the ag(
I -am
opposed -for
Name.
Address
Ir -
I elepho, ne No.
Telephone.No.
Da'te-
REGISTRATION ]FORM.
FSR PERSONS RIS ANG40 ADDRESS VIE PLANT16-G/COMyffSsj0�_.Z,_,
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This card can -be picked, up at a y time in the Planning andDeVejop
Ment-OfFIC6,723-
'West Markham, Liftle'Rock, Arkansas.
wish to. speak'Abdut Item * CJ
on the agenda-..
I ain onridsed: fhr
REGISTRAtION FORINT �.
OR PERSONS WISHING TO ADDRESS THE PLANNIIVG COiVLMISSION'
This card can'bepicked up at any time in the Planning) and.Developineut Office, 723
West Markham, Little Rock, Arkansa
I wish to speak about It -�
I amt- apposed for
Name Ali RI
u v�I on the agenda.
G. Randolph Satterfield
Cynthia S. Moody
Mary C. Galchus
SATTERFIELD LAW FIRM, PLC
ATTORNEYS AT LAW
All Mail & Fax For Both Locations
of Counsel
Virginia "Ginger" Atkinson P. 0. Box 1010
Email &c Web Site Little Rock, AR 72203-1010
satterfieldlaw@comcast.net Facsimile: (501) 374-2834
www.satterfieldlaw.com Toll Free: (877) 273-4911
June 20, 2008
Honorable Mark Stodola
Mayor of the City of Little Rock
500 W. Markham St., Room 203
Little Rock, AR 72201.
City of t Rtle Rock Board of Directors
c/o Cleric c,ftll City of Little Rock
500 W. Markham St., Room 203
Little Rock, AR 72201
Little Rock Location aODr�
721 W. 2nd Street
Little Rock, AR 72201
(501)376-0411
Benton Location
501 N. Main
Benton, AR 72015
(501) 315-1819
0
0
m
RE: TAMMY MCLAIN, FAITHANN GLIDDEN, MICHAEL L. GLiDDE ARY W.
BROWN, DIANE DAVIS, TRUDY CAMPBELL,MARILYNN M. BAEYEN , OY R.
JOLLEY, CAROLYN S. JOLLEY, MICHAEL ROMAN, NANCY ROMAN, SUE ANN
STEPHENS and HOWARD STEPHENS individually and as TRUSTEES OF THE
HOWARD GRANTLAND STEPHENS AND SUE ANN STEPHENS JOINT
REVOCABLE TRUST DECLARATION DATED THE 28TH DAY OF JULY, 199-7;
and EMMA SUE THOMPSON
Notice and Request for Appeal to the City of Little Rock Board of Directors of Planning
Commission Action of May 22, 2008, in Planning Commission File Entergy Substation
Revised Conditional Use Permit Z -7980-A, and all action reference therein
Dear Mayor Stodola & Members of the Board:
Please accept this letter and the contents enclosed herein as a formal appeal on
behalf of my above clients and request for review of the above referenced Planning
Commission action by the Little Rock City Board of Directors, pursuant to Little Rock
Municipal Code § 36-101.
The above Planning Commission action took place on May 22, 2008 wherein it
approved and granted Entergy Arkansas, Inc.'s request for a revised conditional use
permit to build a substation in the city's extra jurisdictional area. Appellants respectfully
request that the Board of Directors place a formal review of the above Planning
Commission action; including all matters contained in the attached minutes, on its agenda
for reconsideration and appeal purposes.
CO
f.
In addition to the request herein, appellants have enclosed a certified copy of the
planning commission application, and complete Planning Commission file, indicating the
actions taken. All notice requirements will be fulfilled and filed with the City Clerk once
the requested review meeting date is set and placed on the agenda.
V t y yours,
G{Randolph Satterfield
cc: clients
Amy Fields, Assistant City Attorney
Webster Darling, Attorney for Entergy
Dana Camey, Zoning and Subdivision Manager
Enclosure: Certified Record of Minutes & Planning Commission File
G. Randolph Shtterfield
Cynthia S. Moody
Mary C. Galchus
SATTERFIELD LAW FIRM, PLC
ATTORNEYS AT LAw
All Mail & Fax For Both Locations
Of Counsel
P. O. Box 1010
Virginia "Ginger" Atkinson
Little Rock, AR 72203-1010
Email & Web Site
satterfieldlaw@comcast.net
Facsimile: (501) 374-2834
www.satterfieldlaw.com
Toll Free: (877) 273-4911
July 17, 2008
Mayor Mark Stodola
Office of the Mayor
500 W. Markham St., Room 203
Little Rock, AR 72201
Little Rock Location
721 W. 2nd Street
Little Rock, AR 72201
(501) 376-0411
Benton Location
501 N. Main
Benton, AR 72015
(501) 315-1819
Little Rock Board of Directors
c/o Nancy Wood, Clerk
500 W. Markham; Rm.203
Little Rock, AR 72201
RE: Notice of Public Hearing on Appeal and Review of Entergy Arkansas
Conditional Use Permit before the Little Rock Board of Directors Z -7980-A
Dear Mayor Stodola & Members of the Board' c/o Nancy Wood, Clerk:
I represent the objecting appellants in the above matter. Enclosed is Notice of
Public Hearing before the Little Rock Board of Directors on an Appeal of Planning
Commission action granting a Revised Conditional Use Permit. Also, enclosed is a
signed affidavit certifying that all property owners of record, within 200 feet of the
subject property, have been given a copy of this letter with the attached notice that a
public hearing to consider this appeal will be held in the Chambers of Little Rock Board
of Directors, located on the 2°d Floor, City Hall, 500 W. Markham, Little Rock, AR, on
August 4, 2008 at 6:00 P.M.
Attached to the Notice is a copy of the "Revised" CUP application, and attached
to the enclosed Affidavit is U.S. Postal Service Certified Mail Receipts, and a copy of a
letter dated February 4, 2008, from Beach Abstract & Guarantee Company, Inc.; to
Entergy's legal counsel as the applicant's agent, verifying the names and addresses of all
surrounding property owners of record. In addition to those property owners shown on
the list from Beach Abstract, notice of this public hearing was also sent to objectors,
proponents, and other interested entities or persons as evidenced by the Certified Mail
Receipts attached to the Affidavit. The below persons or entities were notified:
Gary Brown
14220 Lawson Road
Little Rock, AR 72210
Francis Jamell
14124 Colonel Glenn Road
Little Rock, AR 72210
Larry Ray Minton
14123 Colonel Glenn Road
Little Rock, AR 72210
Tammy McClain
14245 Col. Glenn Rd.
Little Rock, AR 72210
r�c
JUL J 2008
Carolyn, Jolley
Minton LLC
582 Channing Road
14280 Colonel Glenn Road
Nashville, AR 71852
Little Rock, AR 72210
Michael & Faithann Glidden
Jeff Stephens
14345 Col. Glenn Road
24 Ashwood Drive
Little Rock, AR 72210
Cabot, AR 72023
Howard &Sue Ann Stephens
Webster Darling, Attorney
;4075 Col. Glenn Road
P.O. Box 551
Little Rock, AR 72210
Little Rock, AR 72203
Gary S. and Martha C. Markland
Koban Family LLC
5239 Brooklyn Ave. NE
15515 Joiner Road
Seattle, WA 98105
Little Rock, AR 72210
-
Billie Jo Young, Thomas M.
Stephens Joint Revocable Trust
Minton; c/o O. D. Minton
14075 Colonel Glenn Road
582 Channing Road
Little Rock, AR 72210
Nashville, AR 71852
as per revised application)
Roy R. and Carolyn S. Jolley
14300 Colonel Glenn Road
Little Rock, AR 72210
Emma Sue Thompson
14124 Colonel Glenn Road
Little Rock, AR 72210
ents please feel free to contact me at any time.
If you have any questions or comm
V ery tru Y� 5,
G. Randolph Satterfield
Attorney for Appellant Objectors
Enclosures: Notice of Hearing $r Affidavit w/ copies of mailings & green cards attached Copies of Revised CUP Application
Copy of Beach letter to Entergy
cc: Dana Carney, Iftr
LR Zoning & Subdiv.
723 W. Markham
Little Rock, AR 72201
Amy Beckman Fields
Asst. City Attorney
500 W.1VMarkham, Ste. 310
Little Rock, AR 72201
Webster Darling
Attorney for Entergy
P.O. Box 551
Little Rock, AR 72203-0551
cup.doc 6
NOTICE OF PUBLIC BEARING BEFORE
THE LITTLE ROCK BOARD OF DIRECTORS
ON AN APPEAL OF A CONDITIONAL USE PERMIT
To all owners of lands lying within 200 feet of the boundary of property at:
Address:, 14250 Colonel Glerin Road, Little Rock, Arkansas
Approx. 1.5 miles -west of Lawson,Cutoff. The property
General Location: is located approx. 650 feet south of Col. Glenn Road
(no frontage
Owned By : Applicants Q.D. Minton; Thomas M. Minton & Billie Jo Young
ci for Revrised CUP)
Notice is hereby given that an appeal of a Conditional Use Permit on the above property -has been filed
with the Board of Directors, 500 West .Markham, City of Little Rock, Arkansas to allow use of the
property as -follows:
PRESENT USE: Residential
PROPOSED USE:. Industrial Use for Utility Substation
A public hearing on the application will be held in the Chamber -of. the Little Rock Board of Directors,
2nd Floor, City Hall on: „ August 4, 2008 , at 6:00 P.M.
All interested parties may appear and be heard.at said time and place, or may notify the reviewing body of
their views by letter. Information about the application may be requested by contacting Department of
Planning and Development, 723 West Markham, Little Rock, Arkansas; 501371-4790.
09122/05
cup.doc 2
APPLICATION PO rVI D CONDITIONAL USE PE ,� C
Zoning Case File No. Z- 7980 AN i 2000
A.
Planning Commission- Meeting docketed for Febru �05.4vua "
At 4 kO p.m.
Application is hereby made to the Little Rock Planning Commission pursuant to the provisions
of Act 186 of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Ark. Rev.
Code (1988), as amended, requesting a Conditional Use Permit on the following property:
Address: 14250 Colonel Glenn Road
Approximately 1.5 miles west of Lawson cutoff. Property is located
General Location: a roximatel 6S0 feet south of Colonel Glenn no fronts e
Legal Description:
See Attached
Title to this property is vested in: Q.D. Minton Thomas M. Minton &Billie So Your
__ c/n C]_T3_ i]an Minrnn
(Name)
582
-
582 Channing Road
Nashville AR 71852
(Address)
870 845-3770
(Telephone)
If an individual other than the title-holder files this application, attachment of a completed
affidavit is required authorizing this person to act on behalf of the title-holder.
Subject property is presently zoned: Residential
A Revised Conditional Use Permit is requested to allow use of the property for: Chan e of
access to ro from Coionel Glenn Road to Lawson Road
There (aye) (are not) private restrictions pertaining to the proposed use.
It is hereby agreed that the required filing fee will be paid immediately and the posting of the
sign furnished will be accomplished a&x-oq,uired.
Applicant (owner or authorized ag t lames Jones
Address: 425 W. Capitol Avenue Telephone: 501 396-4337
Planning Commissionpprove '
n
Conditions of Approval:
NrA-I5S/aN
Board of Directors Approved:
(] r` S 0i s L ti% E L I nJ
,LA/jNlti%C-
Ordinance Number: LITTLE - ROC p'LA,M; '156'OK
Conditions of Approval: A M 0 N IMF)e i r + iTIOhS
S Ni 0: PLLNINING COMMISSION
zc� �
i�IIdL�TF FPC�J}.� w +�ATE�4 jL }�-
�"
DATE: AA J-0 cf .
February 13, 2008
Mr. Dana Carney
Manager, Zoning and Subdivision
City of Little Rock
723 W. Markham
Little Rock, AR 72201
Entergy Customer Service
Ninth & Louisiana
P.O. Box 551
Little Rock, AR 72203
Tel 501 396 4337
James E. Jones
Regional Customer Service Manager
Re: Notice of Public Hearing on Application for Revised Conditional Use Permit
Dear Mr. Carney:
Enclosed is Notice of Public Hearing Before the Little Rock Planning
Commission on an Application for Revised Conditional Use Permit with signed Affidavit
certifying that all property owners of record within 200 feet of the property and the
access road which is the subject of the Application for Revised Conditional Use Permit
have been given notice that a public hearing to consider this Application will be held in
the Chamber of Little Rock Board of Directors, 2nd floor, City Hall, on February 28,
2008, at 4:00 PM.
Attached to the Notice and Affidavit are US Postal Service Certified Mail
Receipts and letter dated February 4, 2008, from Beach Abstract & Guarantee Company,
Inc. with the list of property owners of record.
In addition to those property owners shown on the list from Beach Abstract &
Guarantee Co., Inc. notification of this public hearing was also sent to the following as
evidenced by the Certified Mail Receipts also attached to the Affidavit:
i) Gary S. and Martha C. Markland
15515 Joiner Road
Little Rock, AR 72210
ii) Stephens Joint Revocable Trust
14075 Colonel Glenn
Little Rock, AR 72210
iii) Emma Sue Thompson
14124 Colonel Glenn
Little Rock, AR 72210
iv) Larry Ray Minton
14123 Colonel Glenn Road
Little Rock, AR 72210
V) Roy R. and Carolyn S. Jolley
14300 Colonel Glenn Road
Little Rock, AR 72210
If you have any question or comments feel free to contact me at any time.
S incertly,
James Jones
Regional Customer Service Manager
Beach Abstract & Guaranty Company, Inc.
100 Center Street - P.O. Box 2580
Little Rock, AR 72203
(501) 376-5652
Facsimile (501) 376-5625
February 4, 2008
Enterp,y
Attn: Wm Webster Darling
425 W Capitol Avenue
Little Rock AR 72203
Beach #508-2004
Dear Mr. Darling:
We have examined the records of Pulaski County, Arkansas, up to January 13, 2008 at 7:00 A.M. as
to the property dying within 200 feet to the property described, to wit:
A FAgT 0P "1i : N1SRI MAS1- Ql�AWrFk OF U_CTT (RN- 19,
TOWNSHIP 1 NERITH, -NGE 13 WEST" !)%XASK
COUXTY, ARKANSAS 3fSIN131MUR ? -FULLY DESCRIBED
COILNEk 0p THE ,30UTTI Oa QUARTER tr^ THE
NORTUAuARTER OF BALD SWTf.t1;�. 19; n1:7 NcE
+rC l i 1 it D13il 13 � . 3C S'M. WtS r ALON01i1r
�50VTR 1.INL or, SAID Sd3U17hF:AST QU kR.—; FR D ' rf
NCDRTIr.ASTVA1fi'f RR 0F.ViC11 ON I9 MR A. DISTANCE,
(YV 305.381~' T'1'0 Tills PONT Cie -M-0iQFf NO.1 Mail n
Ill .t Nt}RTti M DEa, 31 !141N, 36 SEC,' SSI -
AI, a SA 19 jl $OVf ` .' TT! `T& F 0R A UISTANNCE 01. 344.17
,�►. i���'l ;�.:'�C� fir&. �� IST; '€' li_?+TCF �F�i �9 I3l"[:� 5f�
FOR A D*TANCl* OF re ,55 FRF1; 'I`H2NC 9 NORI? 56
13 NUN. Q SEC. FA$;r AWNt3 TFT'CFN =TRL1NE Of
77 Dr -KI, 15 til, 48 ST'X VA ST A{D1t0 f l'Cl"R1,N" 0Y
i.Rr.. a F0tt A 17t,,,T:`%\C,a OF 51.99 F ra F'1`; T1iE.NC8 900TH
631)hCj_ 551,01N. 495CrC EWIT ALONG �.FAI € � r�t�.I�'� C71~
C KF.FK VOR A VISTAN Ct- Or 51),.24 V>.. r; TUi" NC,,T, SO LM -1
01 DIR1. p M N. 46 SEC WL&:' 7 A 1)1TTAN 9 W, 75.3R
Erf 'r f; THr-?N` 'F -S0U H 88 Dr, 0, z 91,41N, 05 SBC. -FAST FOR
.A DISTANCE- € F 161 0 FEET 'g'l'{HNCB Wk'19 CC €1> -Ch 34
;V1:-731, FOR A 1.XS ANCT,'OF i SC:;8 Fri r -,T TO
And
A part of the NEI/4 Section 19 T -1-N, R -13-W, Pulaski County Arkansas being more
fully described as follows: Commencing at the SE I/4 of the NEI/4 and run thence N88°13'29"W
along the south line for a distance of 486.19 feet to the point of beginning; thence continuing
N88°13'29"W for 55.54'; thence S42°09'14"E for a distance of 83.52 feet; thence S22°28'01"E
along the South Transmission line right of way for a distance of 424.87 feet to a point on the
north right of way line of Lawson Road; thence N60°40'43'E along said right of way line for a
distance of 40.29 feet; thence N22°28'01"W parallel to the West Transmission line Right of Way
for a distance of 427 feet; thence N42°09'14"W for a distance of 51.93 feet to the point of
beginning.
We do not certify as to the validity of title and our liability is limited to the amount paid for this service.
Addresses of owners cannot be guaranteed accurate.
If we can be of further service to you, please call us.
Si cerely,
Donna Davis
Special Service Department
501-376-5652
Enclosures
Mr. Darling
Page 3
Owners: Le al Descriptions:
Tammy McLain Part of the NEl/4 Sectionl9, T -1-N, R -13-W
14245 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 97-40678
Minton LLC Part of the NEA Section19, T -1-N, R -13-W
582 Channing Road Pulaski County Arkansas
Nashville AR 71852 Instrument # 96-87692
Michael and Faithann Glidden Part of the NE'/4 Sectionl9, T -1-N, R -13-W
14345 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 79-18965
Howard and Sue Ann Stephens Part of the NE'A Sectionl9 ,T -1-N, R -13-W
14075 Colonel Glenn Road Pulaski County Arkansas
Little Rock AR 72210 Instrument # 97-50378
Koban Family LLC The SE'/4 Sectionl9, T -1-N, R -13-W
5239 Brooklyn Ave NE Pulaski County Arkansas
Seattle WA 98105 Instrument # 2001-006820
- "'IE
T'S a .f ...
�GIS.°ATzCl F'()RM
OR PERSONS WISMTN' t O' AIS RE9S THE PLANNING COMNUS.
This card can be puked up at airy time i1i the Planning and .Development Office, 72:3
West Markham, Little Rock; Arkansas.
I wish to speak about Item # 127--
on the akextada
I am apposed' far .
----L2Q IH 6 C -,t IA -
Address
----- �'eleph on a No.
Bate
REGISTRATION FORM
FOR PERSONS WISHING TO ADDRESS THE PLANNING COMMISS16N
r
This card can be picked up at any, time in the Planning and Developm.eat Office, 723'
West -Markham, Little Rock, Arkansas.
I wish to speak about Item # 7 — bn the. agenda.
I am opposed for `
�cidre�;s F..
_..._ TeIepliane No.
Rate -
w
REGISTRATION FORM AA
FOR PERSONS WISHING TO ADDRESS THE PLANII'�&COMMISSrON
This card can be picked up at any time in the:Planning and Development Office, 723'
West Markham, Little Rock, Arkansas. -
I wish to, speak abaut Item #
I anz opposed-
i'"Fiime
Address _
Date
F+7
for
on the agenda.
Teieph'one No. �` Q