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Home My WebLink AboutZ-7980-A Application 3IN 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 09/2212009 11:15:31 Fat O'Brien Pulaski Circuit Clerk CRI E9 APPELLANTS APPELLEE INTERVENOR On the 6"' 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: 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 theme' day of Ate, 2009. Prepared by, Amy Becitman. •gelds (89058) Deputy City Attorney 500 W. Markham, Ste. 310 Little Rock, AR 72201 (501) 371-4527 -2- The Honorable Ellen B. Brantley Pulaski County Circuit Judge 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 FILE[ 09/22/2009 11:15:05 Pxt O'6rien Pulaski Circuit Clerk CF1 89 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/ 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. ELLEN B. BRANTLEY CIRCUIT JUDGE Pre ared By: Amy Beckniat F i o tis Deputy City Attomey 500 West Markham, Suite 310 Little Rock, AR 72201 (501) 371-4527 �b Y .�.�, �,.,.;� OAA k. S AF-, A i -3- DATE IS EP 2 12009 SATTERFIELD LAW FIRM, PLC G. Randolph Satterfield ArrORNEVS A -r LAW Cynthia S. Moody Mary C. Galchus All Mail & Fax For Both Locations gLLOwsci P.O. Box 1010 Virginia "Ginger" Atkinson Little Rock, AR 72203-1010 Email�1te Facsimile: (501) 374-2834 sattcr-widlaw(a)comcast.net Toll Free: (877) 273-4911 www.satterfieldlaw.com June 20, 2008 Honorable Mark Stodola Mayor of the City of Little Rock 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 r9 City of Little Rock Board of Directors b c/o Clerk of the City of Little Rock 500 W. Markham St., Room 203 Little Rock, AR 72201 Q4 RE: TAMMY MCLAIN, FAITHANN GLIDDEN, MICHAEL L. GLIDDE ARY W. BROWN, DIANE DAVIS, TRUDY CAMPBELL,MARILYNN M. BAEYE Y 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, 1997; 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 ill the city's extra jurisdictional area. Appellants respectfully request that the Board of Directors place a l'orinat review of the above Planning Commission action, including all matters contained in the attached minutes, on its agenda for reconsideration and appeal purposes. 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 y y urs, G' Randolph Sandifield cc: clients Amy Fields, Assistant City Attorney Webster Darling, Attorney for Entergy Dana Carney, Zoning and Subdivision Manager Enclosure: Certified Record of Minutes & Planning Commission File 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 30, 2008 To whom it may concern: I hereby certify the following attached items are authentic copies of minute record for the Colonel Glenn (Minton Dairy) Preliminary Plat (S -1518-A) and Entergy Substation Revised CUP (Z -7980-A). �� to Dana Carney Zoning and Subdivision Manager Are a Vicinity Map �011111 Case: Z -7980-A N Location: 14250 Col. Glenn Rdad Ward: NA PD: 18 0 200 400 Feet CT: 42.07 TRS: TIN R13W19 r_%q-pj Z -7980-A6 ENTERGY CONDITIONAL USE PERMIT SUBSTATION Cify of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision James Jones Entergy Arkansas P. 0. Box 551 Little Rock. AR 72203 Date: March 3 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn Road This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on February 28, 2008, Approved your application as submitted. Denied your application as submitted. Deferred action to the April 10, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and St Department of Planning and DC/aa Manager FEB -27-2008 04;14 PM Entergy Customer Service Department Ninth & Louisiana Little Rock, AR 72203 Fax (301) 396-4334 FAX TRAN&VITTAL .Date: To: Front: .Phone: 316 - E742 Number of Pages (including cover): MESSAGE.- P 01/02 FEB -27-2008 04;14 PM February 27, 2008 Mr. Tony Bozynski Director, Planning and Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Entergy Substation — Revised Conditional Use Permit Dear Tony. P. 02/02 Entergy Customer Service With & LouisianH Ro, Box 651 Little Rock, AR 72203 Tol 11)01395433/ James E. Jonea ftionel C:1jP1o1wjr Service MRtli;lor I am writing to request that the planning Commission defer Entergy's Substation - Revised Conditional Use Permit (File number 2-7980-A) scheduled on the agenda for Thursday, February 28. If permissible, we ask that this item be placed on the April 10, 2008 agenda. If you have any questions, please contact me. Sincerely, (ames E. Jones 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 James Jones Entergy P. O. Box 551 Little Rack, AR 72203 Date: April 11, 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn Road This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on April 10, 2008, Approved your application as submitted. Denied your application as submitted. X Deferred action to the May 22, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and Si Department of Planning and DC/aa v`wEnteW April 2, 2008 Mr. Dana Carney Manager, Zoning and Subdivision City of Little Rock 723 W. Markham Little Rock, AR 72201 Re: Entergy Substation — Revised Conditional Use Permit Dear Dana, Entergy Customer Service Ninth & Louisiana P.O. Box 551 Little Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer Service Manager I am writing to request that the Planning Commission defer Entergy's Substation — Revised Conditional Use Permit (File number Z -7980-A) scheduled on the agenda for Thursday, April 10, 2008. Please defer this item and place it on the May 22, 2008 agenda. If you have any questions, please contact me. Sincerely, James E. Jones l 1 AF o N6'.. MEA W REEK FARM RD OGdL0 f � Proposed location of new Entergy Substation New Access 0 O 0 0 Vicinity Map cz/ 121 1 J R2 ®!o nn Dig LJ c f] Dull 111 Case: Z -7980-A N Location: 14250 Col. Glenn Rdad Ward: NA PD: 18 CT: 42.07 TRS: TIN R13W19 1� 0 200 400 Feet City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision James Jones Entergy Arkansas P. O. Box 551 Little Rock, AR 72203 Date:_ March 3, 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn Road This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on February 28, 2008, Approved your application as submitted. Denied your application as submitted. X Deferred action to the April 10, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and S+ Department of Planning and DC/aa Manager FEB -27-2008 04 14 PM Entergy Customer Service Department Ninth & Louisiana Little Rock, AR 72203 Fax (SDI) 396-4334 FAX TRANSMITTAL .Date: � � ;�L oo To: From: Phone: Number of Pages (including cover): 2- MESSA GE P. 01/02 FEB -27-2008 04 14 PM �EnteW February 27, 2008 Mr. Tony Bozynski Director, Planning and Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Entergy Substation — Revised Conditional Use Permit Dear Tony: P. 02/02 Entergy Customer Service Ninth & Louisiark, RO, Box 1)51 Llttlo ROCk, AR 72203 Tol hQ1 396 433/ James E. Jones Hogbnal Oisninwr Service Merlt9iµer I am writing to request that the Planning Commission defer Entergy's Substation - Revised Conditional Use Permit (File number Z -7480-A) scheduled on the agenda For Thursday, February 28. If permissible, we ask that this item be placed on the April 10, 2008 agenda. If you have any questions, please contact me. Sincerely, aures E. Jones EtCity of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 James Jones EnteLgy P. O. Box 551 Little Rock AR 72203 Date: Aril 11 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn Road - Planning Zoning and Subdivision This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on April 10, 2008, Approved your application as submitted. Denied your application as submitted. X Deferred action to the May 22, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and Subdiv' Department of Planning and Devlk DC/aa Entergy April 2, 2008 Mr. Dana Carney Manager, Zoning and Subdivision City of Little Rock 723 W. Markham Little Rock, AR 72201 Re: Entergy Substation — Revised Conditional Use Permit Dear Dana, Entergy Customer Service Ninth & Louisiana P.O. Box 551 Little Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer Service Manager I am writing to request that the Planning Commission defer Entergy's Substation — Revised Conditional Use Permit (File number Z -7980-A) scheduled on the agenda for Thursday, April 10, 2008. Please defer this item and place it on the May 22, 2008 agenda. If you have any questions, please contact me. Sincerely, James E. Jones 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 371-6663 James Jones Entergy_ F. O. Box 551 Little Rock. AR 72203 Date:_ April I L 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn Road This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on April 10, 2008, Approved your application as submitted. Denied your application as submitted. X Deferred action to the May 22, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and 91 Department of Planning and DC/aa City of Little Rock Department of Planning and -Development 723 West Markham Street Uttle Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 James Jones Entergy P. O. Box 551 Little Roc AR 72203 Date: Mav 23 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 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 fust 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 Si Department of Planning and DC/aa City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Flock, Arkansas 72201-1334 Subdivision Phone: (501) 3714790 Fax: (501) 399.3435 or 371-6B63 James Jones EntergyArkansas P. 0. Box 551 Little Rock, AR 72203 Date: March 3, 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn Road This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on February 28, 2008, Approved your application as submitted. Denied your application as submitted. X Deferred action to the April 10, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and St Department of Planning and DC/aa Manager FROM : PU4441NG DATA: FAX 4D. : 34EIBZ74 .Tan. 30 2009 43:49PM Pi of Little Rock DepartMent of Planning and Devolopinght - -" 'Pllsnning 723VhiLVWRh'1:nSUOUt Zoning and LRUs A"Ar<ansas 72MM394 SUMNISlon ph":t,So1)3714780 F—pt)3sead36or77141a i EN1"d1LGY (2) NAME: 14M C-L�- U CenterPoint>nergv �� q AT&T(2) TYPE Opis is Central Arkansan Wotu h Ut9tRockWastwvator IILE�'� �'� �}� Pulaski County Planning Tattle Reck Tui Th:partment Public W*Tim, Engineering, Traiiic (2) Parks a,id Recreation Drpu=nt T Phmnistg and Development -;silo. Plan Rcv ,'A -w Planning and DevelopmW Grs*es CATA To WHO IT MAY CONCERN: 0-) 22OAtho I tale Rack Planning Commission will consider the above refttcced issue. NCYI,E! The Iaterdga-raoeataI Meeting atwhich this i3ue will be d1wosed vAll be held on _ _ A'C7TE: TBe Subdivisio2l Cornmi:tea 1Qecting at whirls this isrve will be discussed will bo held on T... A copy of the plan for the referenced issue is ent:)md for yow, romideration, and your corntnents and/or racommeadadoes will be apprccipm& Sincerely, DRnB Carney Zoning and Subdtvls[v;t 1Yfanxger (Please respond below and return thislchar with your eomnxnts for ow=ords_) Approved ,ta Submitted. PLEASF. RMIMRN COMMX iTS S -Y -_ _ Erscnieat (s) Teauirtd (See rttached plat or description.) °To all rj1+7lric^s: Jf an errsernenI Ps regursred which fs in Axeass ofIOfeet in tKdIA, providejushjica/Fon for ilia easement or the reguesrwlll not br incirrded in rhePla,m{ng Commission agenda. Comments: 13y '.1G.6C.. _ r r ' "``r ,•'-*-� r,. fm --j . .✓b f.;� ,ef9c.m Enclosure �bz rw y.�uA-s�F %�srj WZLHA.M GLMAND, P. A. ATTORNEY AT LAW 10016 West Markham Little Rock, AR 72205 William G. Almand email: galmandgAtel.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 11.34 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. Aimand WGA/cec cc; Howard & Sue Ann Stephens Members of Little Rock Planning Commission Randy Satterfield Donna fames 10016 WEST MARKHAM STREET + MARKHAM HEIGHTS PROFESSIONAL PARK f LITTLE ROCK, ARKANSAS 72205 LLIAm G. ALMAND P.A. ATTORNEY AT LAW 10016 West Markham Little Rock, AR 72205 William G. Almand email: galmarad0alitelmet 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)219-850 Fax: (501)219-858 As you know, I represent Howard and Sue Ann Stephens, who are property 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, Willia�m 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 Doma. James 10016 WEST MARKHAM STREET + MARKHAM HEIGHTS PROFESSIONAL PARK ♦ LITTLE ROCK, ARKANSAS 72205 U) w F 0 zi w N al d �z t � M tc 829 9H ice Ell �aj 1. N }-9941§ - ui < 1§ r y� yy yy., ..yy yy {jary7 I mO=<PNp��ayyN.�FGWG�Y71 yN �„fJ��nOZ�WN�?O¢�vZO *fJ W�OpCU�`O^bW ��y��K�OZ Om.O Wa� M 'L1mID<WM i3 5 1910 X 25Y 9SIguaPINH4 IUD 03 a aH-1 zii1iMS (.89'TtTT aa3a) tv i r J I9:,2ru C33 i fi { p$ Ell it ;PIE i W, LO C13 fir• ai. a'�j" . I , s•:`s �c�7f."G�Z: ��• S\-;.i_"ice U) w F 0 zi w N al d �z t � M tc 829 9H ice Ell �aj 1. N }-9941§ - ui < 1§ r y� yy yy., ..yy yy {jary7 I mO=<PNp��ayyN.�FGWG�Y71 yN �„fJ��nOZ�WN�?O¢�vZO *fJ W�OpCU�`O^bW ��y��K�OZ Om.O Wa� M 'L1mID<WM i3 5 1910 X 25Y 9SIguaPINH4 IUD 03 a aH-1 zii1iMS (.89'TtTT aa3a) tv i r J I9:,2ru C33 i fi { p$ Ell it ;PIE i W, LO C13 o CO AkEnteW 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 Na. Carney: Entergy Customer Service Ninth & Louisiana P.D. Box 551 L the Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer SenAce 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. 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 cleared 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. 6. 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 FTN 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, 1996) for the proposed development. At the request of Mr. Sherman Smith, County Floodplain Administrator, Entergy Arkansas, Inc. has engaged FIN 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 FTS 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 Works 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. 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:O0pm. 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 feeI free to contact me at any time. Since 1y, C./ James Jones Regional Customer Service Manager cup.doc 1 0912VOS APPLICATION FOR REVISED CONDITIONAL USE Zoning Case File No. Z- 7980 —A _ j AN 2. 2000 Planning Commission Meeting docketed for Februa 28 2008 ' 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: approximately 650 feet south of Colonel Glenn (no frontage) Legal Description: See Attached Title to this property is vested in: Q.D. Minton. Thomas M. Minton & Billie Jo 'Youn c/o Q.D. Dan Minton (Name) 582 Channing Road Nashville AR 71852 _ (970)845-3770 (Address) (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 propedy from Colonel Glenn Road to Lawson Road There (ff-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 accompli., Applicant (owner or authorized Address: 425 W. Cavitol Avenue ' Planning Commissionpprove ' Conditions of Approval: Mrv"15SIbN Board of Directors Approved: Telephone: f50D 396-4337 Ordinance Number: _ LITTLE ROCK PLAN NU UWAMiSSION Conditions of Approval: _ APPRM9r Q11CHPrr To —il-IP rcaWOMONS S NIOTEED IN 'P -E PUNNING COa�� MISSION N'llt-ILI F E3Y:�-'t f)A CC-: D-0 CL �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 #1'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: I. 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, Jon es Regional Customer Service Manager Enclosures City of Little Rock Department of Planning and Development Planning 723 west Markham street Zoning and LttUe Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or371.6863 James Jones Entergy_ _ r - P. O. Box 551 Little Rock AR 72203 Date: May 23 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn 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: T 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 plaits for review and permitting. All new and alteration construction requires building permits be obtained at 723 West Markham, 2"floor BEFORE any work pray 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 Si Department of Planning and DC/aa htb-eI -LUUU U4, 1'i 1- 11 Ift Entergy February 27, 2008 Mr. Tony Bozynski Director, Planning and Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Entergy Sub%tation — Revised Conditional Use Permit Dear Tony: Etlterw CustbmerService Ninth & LouisiAm P0. Box 1)51 URIO Rork, AR 72203 Td bU1 395 433 / James E, Jones Fku2ionel 01P.1oi I IVr SuNce Menarlix I am writing to request that the Planning Commission defer Entergy's Substation - Revised Conditional Use Permit (File number Z -7980-A) scheduled on the agenda for Thursday, February 28. if permissible, we ask that this item be placed on the April 10, 2008 agenda, If you have any questions, please contact me. Sincerely, C. aures E. Jones Et City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201.1334 Phone: (50i) 371-4790 Fax: (501) 399-3435 or 371-6863 March 3, 2008 Randy Satterfield 721 West 2°d Street Little Rock, AR 72201 Dear Citizen: Planning Zoning and Subdivision 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 Pezmits — Dana Camey Thank you again for your input. Sincerely, TONYBO YN Secretary to Little Rock Planning Commission TB:aa Acquisition Services Group V Wiagfield Cir. Lillie Rock AR 72205 501-2277504 ofe 501-837-0953 mbl step bens@comcast a et March 30, 2006 Ms_ Donna James, Subdivision Administrator Department of Planning and Development City of Little Rock 723 West Markham Little Rock, AR 72201 RE: Application for Subdivision Dear Ms. James; On behalf the owner. Minton LLC, and its members, I am requesting the subdivision of a 7.8 acre tract at 14250 Colonel Glen Road. My clients are requesting that the property be divided into three residential lots, the average size being 2.6 acres, and the smallest being 2.10 acres. The property is currently zoned for residential use. Although the property is in Pulaski County it falls within the city of Tattle Rock's planning jurisdiction. Access to Lot 3 will be provided by a 25 ft. private drive off of Colonel Glenn as depicted in the preliminary plat. Because of the rural nature and lack of residential density in the area my clients are also requesting that they be granted a variance from the required sidewalk improvements. Since the area is not yet served by the municipal sewer system, waste disposal for the proposed lots will be by septic system_ I have talked with Mr. Mike Holt with the Arkansas Department of Environmental Health Protection (280-3370) and, because of the size of the lots, his department has no special requirements for such a system. Please note the enelosed items: 1. A check for $328 representing the required filing fee. 2. An affidavit signed by the members authorizing me to act on their behalf. 3. Eighteen copies of the preliminary plat. 4. Proposed Bill of Assurance. 5. Information sheet for subdivision application Please advise if you need any additional information_ *Sincerely, ens City of Little Rock L�VvDepartment of Planning and Development Planning 723 Wes[ Markham Stree( Zoning and Little AoO, Arkansas 72201-1334 Sabdivislon Phone: (501) 371.4790 Fax: (501) 399-3435 or 371-6663 December 29, 2005 Bill Stephens Acquisition Services Group # 7 Wingfield Circle Little Rock, AR 72205 Re: Entergy Substation C. U P Dear Mr. Stephens: As was stated a1 the December 22, 2005 Subdivision Committee meeting, your Conditional Use Permit application for an Entergy substation at 14250 Col. Glenn Rd. will be deferred to the February 16, 2006 Planning Commission meeting. This is necessary to allow a preliminary plat application to be filed for subdividing the property. The filing deadline for you to file the plat application is January 9, 2006. Failure to file by that deadline will result in further delay of your applieation. If you bave any questions, please call me at 371-6817. Sincerely: OA 6 Dana Camey, Zom d Subdivision Manager Cc: Tony Bozynski, Director of Planning and Development Donna James, Subdivision Administrator ra�� r �• James, DonnaFrom: Carney, Dana Sent: Tuesday, June 27, 2006 9:31 AM To: Carpenter, Tom Cc: Bozynski, Tany; James, Donna Subject: Fw: Property 13aundary t7i5-putt: ro sed Tam' this boundary dispute�Es saciate subdivide the Rl2 zoned acreage. his Isla so the sige thht 5 at Bnage t y p po or the July 11 Board meeting P tat since we have a valid surveylpreliminary plat. to build its substation on. We have moved forward wish the p ---original Message --- From: James, Donna Sent: Tuesday, 3une 27, 2006 9:01 AM To: Camey, Dana Subject; FW: Property Boundary Dispute --Original Message---- From: essage-~"From: Stie Ann Stephens (m4ilto:sa14075@p01.1)z] Sent: Monday, 3une 26, 20061:16 PM Michael; Mayor To- board; bgraves1973@sbc9fabai.net; Keck, dannY Cc: Stephen Giles; Carney, Dana; fines, Donna; land survey@cosl.or9; Subject: property Boundary aspute TO: MEMBERS OF THE LITTLE ROCK CITY BDA -RD or DIRECTORS ust surveys of 6a years on the West lrraperty boundary nine L Ibis email is to advise Members of the Little Rock City Board of Dtrcetors that wetiavc a lite of Property survey which sopporb P lsne ❑f she Minion LLC property, our land on Col.G Lena R_d• -Mis boundary line• which is the East prerpety se of platting a cicy reside nrial is in dispute with the survey wtuch Entergy Arden d and completed far the puspo subdivision on the Minton property Fred Nielsen and Cotton Green at the Stale Land Su uesuon fortfvrtherte pamina ion and a con lusian of this dispute. From American Abstract Co. and tate two surveys in q Thank you. Fluward G. and Sue Arm Stephens 14075 Colanel Glenn Road Little Rock, Arkansas72210 sn 14L,1 pol.bz ii3-3 3"�~ Page 1 of 2 Carney, Dana From: Dawson, Cindy Sent: - Tuesday, June 27, 2006 10:55 AM To: Carpenter, Tom Cc: Mann, Bill; Carney, Dana Subject: RE: Property Boundary Dispute I don't think anything needs to be done before today's meeting. The Planning Commission reviewed and approved a preliminary plat to subdivide a property into 3 lots, with two in the front and one in the back, so that a variance was required to allow a lot without street frontage (that lot in back is the one Entergy would like to use for its substation). The Planning Commission approved a CUP to allow Entergy to use the back parcel for a substation. The Board will be considering the variance to create a lot without street frontage on July 11 if today it places it on its agenda for that meeting. A public hearing on the appeal of the approved CUP is anticipated to occur on July 31. The Planning Commission's action to approve the preliminary plat was made on the basis of legitimate, stamped survey that was provided by the applicant. Neighboring property owners, the Stephen's, brought up their contention that a boundary on the side of one of the lots that borders their property was in error. Not only does the Planning Commission not resolve boundary disputes between private parties, if I remember correctly, this particular boundary dispute involves a relatively small portion of the affected lot, I think no more than 10 feet on a lot that is an acre or more. Also, I think the disputed portion may not go as far as the entire side of the lot. Dana may be able to say if 1 am correct on that or not; I don't have any of the information in front of me. 1 recall chat the opponents made some good points about (against) the advisability of allowing the substation to be built on the property and I think resolving those points, rather than the boundary dispute, were the focus of the planning commissioners when they made their decision. Cindy -----Original Message ---- From: Carpenter, Tom Sent: Tuesday, June 27, 2006 10:11 AM To: Dawson, Cindy Cc: Mann, Bill Subject: FW: Property Boundary Dispute Importance: High Please review this situation and let me know what needs to be done before the meeting this afternoon at 4:00. TIME IS OF THE ESSENCE. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 6!27'2006 Page 2 of 2 (T)(501) 371-6875 (F) (501) 371-4675 (M) (501) 993-1052 ----Original Message ---- From: Carney, Dana Sent: Tuesday, June 27, 2006 9:31 AM To: Carpenter, Tom Cc: Bozynski, Tony; James, Donna Subject: FW: property Boundary Dispute Torn: this boundary dispute is associated with the Col. Glenn plat variance that is on tonight's agenda meeting for the July 11 Board meeting. The plat is to subdivide R-2 zoned acreage. this is also the site that Entergy proposed to build its substation on. We have moved forward with the plat since we have a valid surveylpreliminary plat -----Original Message ----- From: James, Donna Sent: Tuesday, June 27, 2006 9:01 AM To: Carney, Dana Subject: FW: Property Boundary Dispute ----Original Message ----- From: Sue Ann Stephens [ma(lto:sa14075@poLbz] Sent: Monday, June 26, 2006 1:16 PM To: board; bgraves 1973@sbcglobal.net; Keck, Michael; Mayor Cc: Stephen Giles; Carney, Dana; James, Donna; landsurvey@cosl.org; danny Subject: Property Boundary Dispute TO: MEMBERS OF THE LITTLE ROCK CITY BOARD OF DIRECTORS This email is to advise Members of the Little Rock City Board of Directors that we have a current property survey which supports past surveys of 60 years on the West property boundary lint of our land on Co1.Glenn Road, This boundary line, which is the East property line of the Minton LLC property, is in dispute with the survey which Entergy ordered and completed for the purpose of platting a city residential subdivision on the Minton property. Fled Nictsen and Cotton Green at the State Land Surveynes office are in possession of pertinent title work from American Abstract Co. and the two surveys in question for further examination and a conclusion of this dispute. Thank you. Howard G. and Sue Acus Stephens 14075 Coloncl Glenn Road Linle Rock, Arkansas 72210 14075 ol_bz 225-3128 6/27/2006 Page 1 of 2 Carney, Dana From: Carpenter, Tom Sent: Tuesday, June 27, 2006 11:13 AM To: Dawson, Cindy Cc: Mann, Bill; Carney, Dana Subject: RE: Property Boundary Dispute Dear Cindy, Thanks for the input. The problem that I have is that the Planning Commission is not in a position to consider a zoning, or a conditional use, unless the applicant owns the property or has the authority of the property owner to seek the action. Here, there is a question on that point that should be resolved before action is taken. Otherwise, the City is on notice of what seems to be a legitimate dispute as to ownership, takes action anyway, and potentially damages someone's property rights. And. I wonder if that doesn't make the City responsible for payment? Now, a key to what I have just said is "legitimate dispute." It seems to me that if the party claiming the boundary dispute has a survey which shows that they are the owner or the disputed parcel, and the two of them are both certified with a stamp, and the City is on notice of this fact, then unless and until (1) We get notice that the parties are not objecting to the back portion of the lot issue going forward (or the front portion), or (2) We put both parties expressly on notice that the City's action is based upon the assumption, and only upon the assumption, that the survey provided to the City is correct, and that if it is proven to be incorrect, then any City action is automatically void on such proof, THEN the City proceeds at its own peril. After all, we approve, the applicant detrimentally relies upon such approval, and then it is found that the objector was correct in the first place. What defense does the City have? We were on notice and, in my scenario we had competing legitimate surveys. While it is true that the City does not decide boundary disputes, but it is also true that the City only grants zoning requests and CUPS to persons who own property, or who are acting on behalf of the owners. Hence, why move forward until this issue is resolved. NOW, if the objector has a survey that is not certified, then 1 agree with you that there is no reason not to move forward. But, if that is not the case, or if there are deed problems/title problems that create the same kind of inquiry, what I said above still seems to apply_ Bill, I would welcome your comments. 6/27/2006 Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T)(501) 371-6875 (F) (501) 371-4675 (M)(501)993-1052 6/27/2006 Page 2 of 2 Page 1 of 2 Carney, Dana From: Mann, Bill Sent: Tuesday, June 27, 2006 11:27 AM To: Carpenter, Tom; Dawson, Cindy Cc: Carney, Dana Subject: RE: Property Boundary Dispute LRC E 36-102 provides that the request for the CUP be made by the owner of the property or authorized agent and makes reference to "all applicable surveys" pertinent to the review process. The planning department is to "process all applicable surveys." if there is a question as to whether the applicant owns the property, that must be resolved before the CUP can be granted. If the applicant has provided a survey and the objectors have not, as Torn says the City would then note that the evidence supports the applicant and the application can be considered. Simply disputing ownership without proof would be insufficient. It would behoove the objector to take some legal action to establish ownership rights in my opinion. Bill Bill Mann Chief Deputy City Attorney Little Rock, Arkansas 501-371-4815 -----Original Message ----- From: Carpenter, Tom Sent: Tuesday, June 27, 2006 11:13 AM To: Dawson, Cindy Cc: Mann, Sill; Carney, Dana Subject: RE: Property Esoundary Dispute Dear Cindy, Thanks for the input. The problem that I have is that the Planning Commission is not in a position to consider a zoning, or a conditional use, unless the applicant owns the property or has the authority of the property owner to seek the action. Here, there is a question on that point that should be resolved before action is taken. Otherwise, the City is on notice of what seems to be a legitimate dispute as to ownership, takes action anyway, and potentially damages someone's property rights. And, I wonder if that doesn't make the City responsible for payment? Now, a key to what I have just said is "legitimate dispute." It seems to me that if the party claiming the boundary dispute has a survey which shows that they are the owner or the 6/27/2006 Page 2 of 2 disputed parcel, and the two of them are both certified with a stamp, and the City is on notice of this fact, then unless and until (1) We get notice that the parties are not objecting to the back portion of the lot issue going forward (or the front portion), or (2) We put both parties expressly on notice that the City's action is based upon the assumption, and only upon the assumption, that the survey provided to the City is correct, and that if it is proven to be incorrect, then any City action is automatically void on such proof, THEN the City proceeds at its own peril. After all, we approve, the applicant detrimentally relies upon such approval, and then it is found that the objector was correct in the first place. What defense does the City have? We were on notice and, in my scenario we had competing legitimate surveys. While it is true that the City does not decide boundary disputes, but it is also true that the City only grants zoning requests and CUPS to persons who own property, or who are acting on behalf of the owners. Hence, why move forward until this issue is resolved. NOW, if the objector has a survey that is not certified, then I agree with you that there is no reason not to move forward. But, if that is not the case, or if there are deed problems/title problems that create the same kind of inquiry, what I said above still seems to apply. Bill, I would welcome your comments. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY Soo West Markham, Ste. 310 Little Rock, Arkansas 72201 M(501) 371-6875 (F) (5D1) 371-4675 (M) (501) 993-1052 6/27/2006 Page 1 of 2 Carney, Dana From: Bozynski, Tony Sent: Tuesday, June 27, 2006 11:50 AM To: Carney, Dana Subject: FW: Property Boundary Dispute -----Original Message --- From: JONES, JAMES ERIC [mailto:jjones2@entergy.com] Sent: Tuesday, June 27, 2006 11:32 AM To: Bozynski, Tony Subject: FW: Property Boundary Dispute -----Original Message ---- From: JONES, JAMES ERIC Sent: Tuesday, June 27, 2006 9:46 AM To: Langley, Susan Cc: 'Moore, Bruce' Subject: RE: Property Boundary Dispute 0l;,trfYiv June 27, 2006 Dear Members of the Little Rock City Board of Directors: This letter is in response to information you may have received from opponents ofEntergy's proposed substation to be located off Colonel Glenn Road. The proposed site is to be purchased from the Minton family. The Minton family will come before the City Board of Directors, July 11 (agenda meeting June 27) requesting approval for: (1) A variance to allow the development of a lot without public street frontage and a variance to allow an increased lot depth to width ratio, and (2) a deferral of Master Street Plan improvements. We are aware that Howard and Sue Ann Stephens are disputing the property boundary between their property and the Minton's property. However, this dispute is based on a survey prepared on behalf of the Stephens which we have reason to believe is inaccurate. We have no knowledge about the other surveys referenced by Ms. Stephens. We are also aware that the Stephens through their counsel have asked Mr. Nielson to review the surveys but we have not heard from him nor do we know if he is in any position or authority to make any binding conclusions regarding this property boundary. Also, last month we requested through Mrs. Stephens' attorney data to document their survey reference points and have yet to receive any response from Mrs. Stephens' attorney. 1 see this as a delay tactic of Mrs. Stephens in hopes of derailing the substation. The dispute in question 6/27/2006 Page 2 of 2 is an 11 foot wide strip on the eastern boundary, narrowing as the property line goes north. Prior to any land sale from the Minton's to Entergy, any survey dispute will be resolved one way or another. We do not see this dispute as anything that should hold up the approval of the variance and defeffal of the sub -division preliminary plat. Should you have any questions, T atn available to visit with you. Thank you, James Jones 6/27/2006 subd.doc 6 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO SUBDIVIDE PROPERTY To ALL owners of land lying adjacent to (including across the street from) the boundary of the property located at: 14250 Colonel Glenn Road (GENERAL LOCATION OF PROPERTY ON WHICH 1S PROPOSED TO BE SUBDIVIDED) Approximately 1.5 miles west of Lawson cutoff between Colonel Glenn and Lawson Roads (ADDRESS OF PROPERTY TO BE SUBDIVIDED, IF AVAILABLE) Ownedby. Minton LLC (NAME OF OWNER) _582 Channina Road Nashville AR 71852 (ADDRESS OF OWNER) Number of proposed lots: 3 ; Proposed use of property: Residential NOTICE IS HEREBY GIVEN THAT an application for the subdivision of the property cited above has been filed with the Department of Planning and Development. A public bearing to review a preliminary plat for this property will be held by the Little Rock Planning Commission on 713y 11� -hLa 05 ,at 4:00 P.M. in the Board of Directors Chamber, second floor, Little Rock City Hall, located at 500 W. Markham Street. Note: The platting into lots and streets may involve a request for variances or waivers from the standards set forth in the Subdivision Regulations of the City of Little Rock. ALL PARTIES IN INTEREST MAY APPEAR and be heard at the above cited time and place, or any party in interest may notify the Planning Commission of their views on this matter by letter. All persons interested in this inquest are invited to call or visit the Department of Plamiing and Development, located at 723 W. Markham St., phone, 371-X1790, to review and discuss the application information with the Planning staff. Correspondence to the Planning Commission may he addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. AFFIDAVIT I hereby certify that I have notified all the abutting property owners of record of th bove property that subject property is being considered for subdivision and that a Public Hearing is Ib bold by the Little Rock Planning Commission at the time and place described above. Applicant (Owner or Authorized Agent) Bill Stephens (Name) (Date) ' :up.doc S NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION FOR CONDITIONAL USE PERMIT To all owners of lands lying within 200 feet of the boundary of property at: 0721/03 Address: 14250 Colonel Glen Road Approximately 1.5 Miles west of Lawson cutoff between Colonel Glenn and Lawson Roads General Location: Owned By: Minton LLC 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: Utility Substation A publie hearing on the application will be held in the Chamber of the Little Roek Board of Directors, 2nd Floor, City Hall on: _ May 11, 2006 , at 4:00 P.M. Meetings between the developer, the staff and the neighborhood residents can be arranged prior to the publie hearing if desired, Theapplieant/developeris Entergy Arkansas, Inc.. Bill_ Stephens and ean be contacted at the telephone number 501-227-7504 Agent 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 cer* that I have notified all the property owners of record within 200 feet of the above described property that a Conditional Use Permit application is being considered and the public hearing Will be held at the time and place dcscribed. Applicant (Owner or Authorized Agent):. Entergy Arkansas, Inc. Bill Ste hens Agent (_Name) A ri.l 21, 2006 (Date) AEnteW March 31, 2008 Ms. Donna James Subdivision Administrator Department of Planning & Development City of Little Rock 723 W. Markham St. 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 r ; t71,D MAR 3 1 2000 :f3Y: Re: Colonel Glenn Preliminary Plat, located at 14250 Colonel Glenn Road Dear Ms. James: On behalf of the owners, Q.D. Minton, Thelma Marie Minton, Billie Jo Young, Thomas Minton, Ruth Ann Minton, Larry Ray Minton and Bernadeen Minton (collectively "Mintons"). Entergy Arkansas, Inc. is requesting the subdivision of a 7.8 acre tract at 14250 Colonel Glenn Road. The plat proposes that the property be subdivided, the average size being 2.6 acres, and the smallest being 2.10 acres. The property is currently zoned R-2. Although the property is in Pulaski County, it falls within the City of Little Rock's planning jurisdiction. A plat of this property was previously approved by the Little Rock Planning Commission on May 11, 2006. The plat contained variances that were approved by the Planning Commission at its May 11, 2006 hearing and were further approved and granted by the Little Rock Board of Directors on February 20, 2007 by Ordinance No. 19706. The plat was approved subject to the east property line being established by a court decree. The Decree establishing the boundary which was entered in Case No. CV -06-13229 on September 21, 2007 and filed of record on March 31, 2008 with the Pulaski County Circuit Clerk in Division: 6 Year 2007 at Page 2522 is included with this Application. The proposed plat is substantially the same as the previously approved plat with variances. We are re -filing the plat for the following two purposes: 1. To reflect the proper legal description based upon the Pulaski County Court Decree; and 2. To correctly reference the names of the owners of the property being subdivided. Colonel Glenn Preliminary Plat Page 2 Entergy is requesting the following variances in connection with this Application: 1. Variances from Chapter 31, Section 31-231 to allow the development of a lot without public street frontage for Lot 3 of the proposed plat; and 2. Variances from the provisions of Chapter 31, Section 31-232{b) to allow the development of a lot with an increased lot depth to width ratio for Lot 2. These same variances were approved in the previously approved plat. Enclosed are the following items: 1. A check in the amount of $328.00; 2. Affidavits of the property owners; 3. 18 copies of the preliminary plat; 4. Proposed Bill of Assurance; 5. Information Sheet for Subdivision Application; and b. Variance/Waiver Request Form. We would ask that this matter be placed on the May 8, 2008 Planning Commission Agenda. Feel free to contact me if you have any questions regarding this matter. Sincerely, r1A- 1 e-c):;-� James E. Jones Quattlebaum, Grooms, Tull & Burrow A PROFMIONAL U=M LL6X M COMPANY 111 Center Street suite 1900 Randal B. Frazier little Rock, Arkansas 72201 rfrazier@ggtb. corn April 2, 2008 Ms. Donna James Subdivision Administrator Department of Planning &Development City of Little Rock 723 W. Markham St. Little Rock, AR 72201 Re: Colonel Glenn Preliminary Plat, located at 14250 Colonel Glenn Road Dear Ms. James: (501) 379-1700 Telecopier (501) 379.1701 Writer's Direct Dial (50)) 379-1771 Enclosed please find the remaining two (2) Affidavits for the Subdivision Application that was filed on March 31, 2008. Feel frcc to contact me if you have any questions regarding this matter. RBF:ams enclosures Sincerely, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC FTO r d�rl}B � Subd.doc 4 INFORMATION SHEET FOR SUBDIVISION, PUD's, PD's, ZONING OR SUBDIVISION SITE PLAN REVIEWS ITEM NO. FILE NO. _ NAME: Colonel Glenn Prelimina Plat LOCATION: 14250 Colonel Glenn Road DEVELOPER: Enter Arkansas Inc. STREET ADDRESS 425 W. Capitol Ave. 27" Floor CITY/STATE/ZIP Little Rock, AR TELEPHONE NO, 501 396-4337 DATE 3/31/08 ENGINEER: Central Arkansas Surveying, Inc. c/o Bruce Chavis STREET ADDRESS 1012 Autumn Rd., Ste. 1 CITY/STATE/ZIP Little Rock. AR 72211 TELEPHONE NO. 15011223-0496 AREA. .7.8 Acres FT. NEW STREET ZONING PLANNING DISTRICT NUMBER OF LOTS _ PROPOSED USES Residential CENSUS TRACT VARIANCES REQUESTED 1.) Variance from Section 31-231 for development without public street frontage 2.) Variance from Section 31-232(b) to allow increased lot width ratio for Lot 2 3.) 4.) 09/22/05 Subd.doc 4 VARIANCEIWAIVER REQUEST FORM Date Filed March 31, 2008 09/22/05 Plat Name Colonel Glenn Preliminary Plat File No. Owner: Minton Family Address: 14250 Colonel Glenn Road Engineer: Centra] Arkansas Surve 'n Inc. Address: 1012 Autumn Road, Ste. 1 _ Little Rock. AR 72210 Little Rock, AR 72211 Phone: 501 396-4337 Applicant's Number Phone: _(5011223-0496 Variance(s) Requested: (1) Variance from Section 31-231 for develo mens without public street frontaLe (2) Variance from Section -31-232(b) to allow increased lot width ratio for Lot 2 (3} Waiver of renuired sidewalk construction (4) Deferral of required street im rovements Justification: None of the Variances/Waivers will neggively negativelyimpact the development of the lots. Applicant's Signature: Date March 31. 2008 PLANNING COMMISSION ACTION: Approval ( ) Date Denial ( ) Date Basis for Decision BOARD OF DIRECTORS ACTION: Approval ( ) Date Denial ( ) Date Basis for Decision subd.doc 2 09122/05 TFOLLOWING ARE REQUIRM PURSUANT TO SEC. 31-63 OF THE CODE OF ORDINANCES: l� ❑ DEPARTMENT OF NEIGHBORHOODS AND PLANNING iJ 5. Nameladdimss of land owner with source of title. (Deed record book and page or instrument PRELIMINARY PLAT CHECKKLIST (page one) L PROPOSED NAME OF SUBDIVISION: C t Lvau TYPE OF SUBDIVISION: L! A: ❑ U6. Name/address of subdivider, a El w u 7. Linear feel of internal streets. 4 z Pio L: 8. Average size of lots/Minimum lot size. 0 ❑ ❑ V h z � ❑ ❑ ❑ ❑ ❑ 1. Letter requesting preliminary plat approval. ❑ ❑ ❑ ❑ 2. Seventeen (17) copies of the preliminary plat. ❑ ❑ ❑ ❑ 3. Filing fee. ❑ ❑ ❑ ❑ 4. Notification completed. (Certified list of abutting property owners from abstract or title ❑ ❑ 14 Request for variances, wa-vers, or deferrals. (Completion of "VariancelWaiver Request Form" company; notice form with affidavit executed; & proof of mailing of notice to all abutting required.) , property owners furnished.) TFOLLOWING ARE REQUIRM PURSUANT TO SEC. 31-63 OF THE CODE OF ORDINANCES: l� ❑ ❑ iJ 5. Nameladdimss of land owner with source of title. (Deed record book and page or instrument number required). L! ❑ ❑ U6. Name/address of subdivider, ❑ El E) u 7. Linear feel of internal streets. d❑ ❑ L: 8. Average size of lots/Minimum lot size. ❑ ❑ 6 9. Number of lots. ❑ ❑ ❑ 10 Applicable existing covenants, and the proposed covenants on the land. El El ElL1�J �❑/ 11. Proposed open space. L ❑ ❑ ❑ 12. Proposed source of water supply. L ❑ ❑ ❑ 13_ Proposed means of wamew-wet disposal. 0 ❑ ❑ ❑ 14 Request for variances, wa-vers, or deferrals. (Completion of "VariancelWaiver Request Form" required.) , THF�FOLLOWING IS REQUIRED PURSUANT TO SEC. 31-88 OF THE CODE OF ORDINANCES: L3 ❑ ❑ ❑ 16. Vicinity map, to scale. (Minimum scale to be 1:2000 feel; minimum area to be h mile radius,) Tli$ FOLLOWING ARE REQUIRED PURSUANT TO SEC. 31-89 OF THE CODE OF ORDINANCES: 9 ❑ ❑ ❑ 17. Preliminary plat drawing, to scale, with north point indicated. (Maximum size for drawings: 24"x 36". Boundary lines are to be indicated by a heavy line. Adjusted bearings and distances are to be shown, with ties to corners of record. Record bearings and distances are to be shown, where applicable, Curve data is to include: radius, arc distance, delta angle and chord bearing, and distances. Locations and physical descriptions of all monuments -- indicating size, material, and type construction -- shall be shown.) ❑ ❑ ❑ 18. The date of survey. ❑ ❑ ❑ 19. Lot lines shown and dimensioned; streets, sidewalks, and easements shown; �/ (Names of streets and street widths must be shown.) C1 ❑ ❑ `❑l .. 20. Front yard building setback lines shown on plat ❑ El ElL� 21. Contours shown at required intervals (2' intervals for grades less than 10%; 5' intervals for grades 1above 10%). U ❑ E] E]22. Natural features shown (e.g.; drainage channels, bodies of water, wooded atces). El E3 El 23. Cultural features shown. (e.g.; streets, bridges, culverts, u(ility/power lines, pipelines, easements, parks, structures, city and county lines, section lines). ❑ ❑ ❑ ❑ 24 Limits of floodwoy end/or floodplain shown. ❑ ❑ ❑ ❑ 25 Storm drainage analysis. (Data to be provided for all watercourses entering and leaving the plat boundary.) ❑ ❑ ❑ ❑ ® Prclirninary storm drainage plan. (Typical ditch section required to be shown.) ❑ ❑ ❑ 27. Names of recorded subdivisions abutting the plat area indicated. (Plat book and page or instrument number required to be shown.) Lff ❑ ❑ ❑ 28. ❑ Residential plats: show names of owners of all unplatted tracts abutting the plat area and names of owners of platted tracts in excess of 2tfi acres. ❑ Commercial plats: show names of owners of all abutting Iands. 0 All plats: show names of all owners of any landlocked parcels within or abutting the plat. subd.doc 3 DEPARTMENT OF NEIGHBORHOODS AND PLANNING PRELIMINARY PLAT CHECKLIST(page two) 09/27/05 r3,Wj 5t- m� A cw aF o� a 5 a 0 OV CCU sv H Z vxy W A (� ❑ ❑ ❑ 29. Metes and bounds legal description of The tract boundary. (Provide acreage to nearest one-tenth I� ❑ ❑ ❑ of acre.) 30. Zoning classification(s) within the plat boundary and of abutting areas shown. ❑ ❑ ❑ Q� 31. Municipal boundaries which pass through or abut the plat area shown. ❑ ❑ ❑ 32. Phasing plan, if applicable, indicated. 9 ❑ ❑ ❑ 33. Location of proposed PAGIS monuments shown. THE FOLLOWING MAY RE REQUIRED PURSUANT TO SEC. 31-90 OF THE CODE OF ORDINANCES: ❑ ❑ ❑ ❑ ® Engineering analysis. (Required where: a street grade variance is being requested; a porlion of the plat maybe floodprone, but the arca is not covered by the FEMA maps; or, suspected soil conditions may ARM the structural or operational aspects of the facilities.) THE FOLLOWING IS REQUIRED -PURSUANT TO SEC, 31-91 OF THE CODE OF ORDINANCES: ❑ ❑ ❑ ❑ 35. Provision of: the "Certificate of Preliminary Surveying Accuracy"; the "Certificate of Preliminary Pngineering Accuracy"; and the "Certificate of Preliminary Plat Approval". (The "Certificate of Preliininary Surveying Accuracy shall contain the wording that; "...the plat has been survcyed and duly filed for record in the offices of the state surveyor and the county circuit clerk and -recorder within the last seven (7) years.") THE FOLLOWING IS REQUIRED PURSUANT TO SEC. 31-93 OF THE CODE OF ORDINANCES: ❑ ❑ ❑ ❑ ® A draft Bill of Assurance. A LLbV 1 - 1 James, Donna From: Van McClendon [vmcclendon@co.pulaski.ar.us] Sent: Monday, April 07, 2008 11:19 AM 7o: James, Donna Donna, I am attaching our write-up for the Minton Dairy Subdivision preliminary plat. Van Van McClendon, Director Pulaski County Planning & Development 3200 Brown Street Little Rock, Arkansas 72204 501-340-8260 Fax 501-340-8274 4/7/2008 Pulaski County Preliminary Plat Checklist PLANNING AND DEVELOPMENT 501 WEST MARKHAM, SUITE A LITTLE ROCK, AR 72201 501-340-8260 DATE: 4/09 DEVELOPMENT: Minton Dairy Subdivision LOCATION: S. side of Colonel Glenn Road just W. of Joiner Road ENGINEER/SURVEYOR: Bruce Chavis PLANNING JURISDICTION: Little Rock/Pulaski County Van McClendon Planning & Development Director The preliminary plat shall indicate the following information: OK NO ❑ ❑ 1.) 3.2.1.1 Letter of Request ❑ ❑ 2.) 4.1.1 Fourteen (14) Blackline Prints ® ❑ 3.) 4.1.2 Size and Scale Regulations ® 1 4.) 4.1.3.1 Proposed Name of Subdivision (No Duplications) ® ❑ 5.) 4.1.3.2 Name and Address of Owner of Record ® ❑� 6.) 4.1.3.3 Source of Title ® ❑ 7.) 4.1.3.4 Name and Address of Subdivider ® ❑ 8.) 4.1.3.5 Date of Survey, North Point, & Graphic Scale ® ❑ 9.) 4.1.3.6 Preliminary Certificate of Accuracy ® 10.) 4.1.3.7 Legal Description a.) TIE TO TWO LAND CORNERS b.) PROVIDE STATE PLANE COORDINATES �x ❑ 11.) 4.1.3.8 Vicinity Map 0 ❑ 12.) 4.1.3.9 Boundary Lines ❑ ® 13.) 4.1.3.10 Contour Intervals ® ❑ 14.) 4.1.3.11 Natural Features OK ❑ NO Page 2 ® ❑ 15.) 4.1.3.12 Cultural Features ❑ ❑ 16.) 4.1.3.13 Names of Subdivision Abutting or Property Owners ® ❑ 17.) 4.1.3.14 Names of Owners of Unsubdivided Property Abutting ® ❑ 18.) 4.1.3.16 Proposed Layout ® ❑ 19.) 4.1.3.17 Minimum Lot Area (10,500 sq.ft.) ❑ ❑ 20.) 4.1.3.18 Lot Waste ❑ ❑ 21.) 4.1.4.1 Summary of Development Plan ❑ ❑ 22.) 4.1.4.2 Existing and Proposed Covenants & Restrictions ® ❑ 23.) 4.1.4.3 Source of Water Supply 0 ❑ 24.) 4.1.4.4 Provisions for Sewage Disposal ❑ ® 25.) 4.1.4.4 Drainage and Flood Control 26.) 4.1.4.5 Certificates of Approval ❑ ❑ 27.) 4.1.4.6 Street Plan and Profile ❑ ® 28.) 4.1.4.7 Bill of Assurance ® ❑ 29.) 4.1.4.8 Sewer Information ® Street Names for Duplication (9-1-1 to confirm) Fire Dement verified (9-1-1 to confirm) j� ❑ Master Highway Plan (Confirmation on Access Roads Meeting Right Of Way Requirements as Per the Master Highway Plan With Planning Department) ❑ ® FEMA Panel Number and Floodway/Plain Designated 2 Erosion Control State Clearing Permit - A.D.E.Q. 501-682-0627 Page 3 Staff Comments: (1.) Show second land corner and state plane coordinates. (2.) Show contour lines. (3.) Provide drainage plan. (4.) Provide Bill of Assurance. (5.) Provide certificate of preliminary plat approval for the County. (6.) Provide proof of fire protection. (7.) Obtain an ADEQ permit. (8.) Show floodplain/floodway information on the plat. (9.) Provide the name of the engineer. (10.) Label the 25' easement (probably access). (1 l.) Provide the County with a $33 review fee. Additional Staff Continents: Staff Recommendations: Approval subject to the satisfaction of staff's comments. AFFIDAVIT We, Q. D. Minton and Thelma Marie Minton and certify by our signatures below that we hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as: Tracts 1 and 3 as described in the Pulaski County Circuit Court Decree attached hereto as Exhibit "A" and made a part hereof. Signatures of Title Hglders Q. D. Minton 'ZIG--�'-t-� Thelma Marie Minton Date: 9-2 0" d Dale:= -) F 'D 9" ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OFt� On this cl day of _ _ 2008, before me, the undersigned officer, personally appeared Q.D. Minton and Thelma Marie Minton, husband and wife, known to me (or satisfactorily proven) to be the person whose narne is subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 4!R- day of _ , 2008. NOTARY PUBLIC �i NOTARY );Z,'i ";LJ R! Sim. "). 6r' P D G. AFFIDAVIT We, Larry Minton and Bernadeen Minton certify by our signatures below that we hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as: Tract 2 as described in the Pulaski County Circuit Court Decree attached hereto as Exhibit "A" and made a part hereof. Signatures of Title Holders Date: Larry M Ston Date: 3-30'0 Bemadeen Minton ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY O &, ) On thisu, day of 2008, before me, the undersigned officer, personally appeared Larry Minton and Bernadeen Minton, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WSSW REOF, I have hereunto set my hand and official seal this Sotz. day of (,Ill 2008. N ARYJIUBLIC My Coimnission Expires - .1 - Lo - o i i xpires; .1-L-mot! — - (SEAL) - AI+ FIDAVI We, Thomas Minton and Ruth Ann Minton certify by our signatures below that we hereby authorize Entergy Arkansas, Inc, and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as: Tract 1 and 3 as described in the Pulaski County Circuit Court Decree attached hereto as Exhibit "A" and made a part hereof. Signatures of Title Holders Tho,nas Minton Ruth Ann Minton STATE OF ARKANSAS COUNTY OF Date: 3 f 3 L10Y Date:Ca Z914t-l)p ACKNOWLEDGMENT ss. On this X1.1 ?' day of tl('l C1�s (.C��_ , 2008, before me, the undersigned officer, personally appeared Thomas Minton and Ruth Ann Minton, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instriunent and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of iYI :( (' 6,—) , 2008. 1 NOTARY PUBLIC My Commission Expires: 'j`'l { � d -1 U (SEAL) AFFIDAVIT I, Billie Jo Young certify by my signature below that I hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as; Tracts 1 and 3 as described in the Pulaski County Circuit Court Decree attached hereto as Exhibit "A" and made a part hereof. Signature of Title Holder Date: ! 4 Billie Jo Youn ACKNOWLEDGMENT STATE OF ARKANSAS ) } ss. COUNTY OF } On this day of _ _ _ , 2008,. before me, the undersigned officer, personally appeared Billie Jo 'Young known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. JN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of2008. My Commission Expires: (SEAL) IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION QUINEA DANIEL MINTON, THOMAS MINTON, 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 their capacities as trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust DECREE PETITIONERS �'? it-•ta .�=... , :'' . ��' RESPONDENTS On the 31st day of May, 2007, this matter came on for trial and from the pleadings filed herein, the testimony 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 befort'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: Exhibit "A" TRACT 1 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 739.65 FEET; TFIENCE NORTH 01 DEG. 54 M1N. 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; THENCENORTH 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 189.46 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; THENCENORTH 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 CEINTERLINE 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. 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 hereby quieted in Larry Minton and Bernadeen Minion; 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'ITIE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEC. 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 3 80.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUINQ NORTH 02 DEG. 34 MIN, 02 SEC. EAST FOR A DISTANCE OF 537.62 FEET; THENCE SOUTH 59 DEC. 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 pEG. 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. 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 FORA 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 Ann Stephens Joint Revocable Trust: PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19, TOWNSHIP I 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 7, 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 AND PASSING OVER A FOUND FIVE EIGHTHS INCH REBAR WITH CAP (PLS 1253) AT 383.99 FEET FOR A TOTAL DISTANCE OF 395.38 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 FOUND TWO INCH PIPE ON THE SOUTH RIGHT OF WAY LINE OF COLONEL GLENN ROAD; THENCE NORTH 61 DEGREES 50 MINUTES 22 SECONDS EAST 199.08 FEET ALONG THE SAID SOUTH RIGHT OF WAY TO A FOUND ONE HALF INCH REBAR; THENCE SOUTH 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 SEP 2007. t.. TIMOTHY DAVIS FOX CIRCUIT JUDGE 1'W C a,row PLLC 11 l Center Street, Sutie 1900 Little Rock, AR 72201 (501) 379-1700 FAX (501) 379-1701 5 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 Billie Jo Yo6ag ti r �r Q. D. Minton Thomas M. Minton 2008. Date: Date: 2 ` /S-- v 91 Date: _,;?-i f"-- d' Y-' Subscribed and sworn to me a Notary Public on this lS day of February, My commission expires: JP (Notary Public) L DTAjExom F' r)mm iR F�tl . i \C'''r�,' EXHBIT "A" Legal Description A part of the Northeast Quarter of Section 19, Township I 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 Beginning, 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 KQB'Xa LLC By: Russ Its: Authorized Agent Date: Subscribed and sworn to we a Notary Public on this � day of April, 2008. (NotaryPu lic) eI�LkeL My commission expires: J&'a- 9, '�'O / 1 EXHBIT "A" Legal Description A part of the Southeast One Quarter (SE%4) 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'/a) 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'/A) 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 (NE%4SE'/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. And A part of the Southeast One Quarter (SE%4) 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 'south 22 degrees 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. cup.doc 6 AFFIDAVIT 07!11/03 Minton L.L.C., by it's members, Billie Jo I, Rc° yMuito intpn & Thomas M Morton ccniff , by my signature below that I hereby Entergy Arkansas, Inc., and it's Contractors, authorize Agents or Assignees _ to act as my agent regarding the Subdivision Application Property described as: of the below described property. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Signature of Titt� Holders •- _ Date Q.D UWu� iC�mrU sZ Subscribed and sworn to me a Notary Public on this _ day My Commission Expires: f r�._..��0_ ~==`Entergy April 2, 2008 Mr. Dana Carney Manager, Zoning and Subdivision City of Little Rock 723 W. Markham Little Rock, AR 72201 Re: Entergy Substation — Revised Conditional Use Permit Dear Dana, Entergy Customer Service Ninth & Louisiana P.O. Box 551 Little Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer Service Manager I am writing to request that the Planning Commission defer Entergy's Substation — Revised Conditional Use Permit (File number Z -7980-A) scheduled on the agenda for Thursday, April 10, 2008. Please defer this item and place it on the May 22, 2008 agenda. If you have any questions, please contact me. Sincerely, 94L � James E. Jones 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 James Jones Entergy P. O. Box 551 Little Rock, AR 72203 Date: May 23, 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn 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 DC/aa Page 1 of 1 Carney, Dana From: JONES, JAMES ERIC Djones2@entergy.com] Sent: Wednesday, May 21, 2008 5:14 PM To: Carney, Dana Subject: RE: Planning Commission presentation I have made 15 copies, 11 for Commissioners and 4 for staff. Also, in reading staff write up of item, note on page 4, third sentence - "That access easement, which was part of the approved plat, will remain in place but WILL NOT BE USED BY ENTERGY may need to altered. Entergy does intend to use the easement, but only as a utility easement. Thanks, James -----Original Message ----- From: Carney, Dana [mailto:DCarney@littlerock.org] Sent: Wednesday, May 21, 2008 3:40 PM To: JONES, JAMES ERIC Subject: RE: Planning Commission presentation please bring a couple of extras for City Attorney and our file -----Original Message ----- From: JONES, JAMES ERIC [mailto:jjones2@entergy.com] Sent: Wednesday, May 21, 2008 3:14 PM To: Bozynski, Tony; Carney, Dana Subject: Planning Commission presentation Attached is Entergy's presentation for the May 22 Planning Commission meeting. Hard copies will be given to each Commissioner at the meeting. I will also have a copy downloaded on a flash drive and can give to Walter prior to the beginning of tomorrow's meeting if needed. Thanks, James 5/22/2008 Amy Beckman Fields Deputy City Attorney OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 March 26, 2009 Rosie Tolbert Case Coordinator Pulaski County cuit Court, 16th Division 401 W. M am, Suite 310 Little R , AR 72201 Telephone (501) 3714527 Telecopier (501) 371.4675 Re: Tammy McLain v. City of Little Rock Planning Commission. Pulaski County Circuit Court No. CV -2008-6428 Dear Rosie: I have enclosed the signed notices of pre-trial and jury trial in the above -referenced matter. If you have any questions, please let me know. Sincerely •` Cc Amy Bec fields Deputy City Attorney ABF:dab .Enclosure cc/enc: G. Randolph "Randy" Satterfield Webster Darling Tony Bozynski ELLEN B. BRANTLEY SIXTEENTH DIVISION CIRCUIT COURT 401 W. Markham, Suite 310 Little Rock, AR 72201 (501) 340-8542 March 20, 2009 AMY BECKMAN FIELDS DEPUTY CITY ATTORNEY OFFICE OF CITY ATTORNEY 500 W MARKHAM SUITE 310 LITTLE ROCK AR 72201 RE: CV 2008 006428 TAMMY MCLAIN VS. CITY OF LITTLE ROCK PLANN The subject case is set for PRE-TRIAL -(30 MIN) in the 16th Division of Pulaski County Circuit Court on 07/29/09 09:00 AM. IT IS THE RESPONSIBILITY OF THE PARTIES AND ATTORNEYS -TO NOTIFY THE CASE COORDINATOR IMMEDIATELY OF ANY PARTIES OR COUNSEL INADVERTENTLY OMITTED FROM THIS NOTICE. Please acknowledge receipt of this notice within ten (10) days. Yours Truly, q'W' /' - M ;Cq�q ELLEN B. SRANT10 LEY CIRCUIT JUDGE Copies to: WILLIAM WEBSTER DARLING G. RANDOLPH SATTERFIELD Receipt is acknowledged of the above notice this`` day of 2 0 Cj . �f � Please return this notice to: Rosie Tolbert, Case Coordinator, Sixteenth Division Circuit Court, Pulaski County Courthouse, 401 W. Markham, Suite 310, Little Rock, AR 72201. Thank you. ELLEN B. BRANTLEY SIXTEENTH DIVISION CIRCUIT COURT 401 W. Markham, Suite 310 Little Rock, AR 72201 (501) 340-8542 March 20, 2009 AMY BECKMAN FIELDS DEPUTY CITY ATTORNEY OFFICE OF CITY ATTORNEY 500 W MARKHAM SUITE 310 LITTLE ROCK AR 72201 RE: CV 2008 006428 TAMMY MCLAIN VS. CITY OF LITTLE ROCK PLANN The subject case is set for JURY TRIAL (3 DAYS) in the 16th Division of Pulaski County Circuit Court on 08/18/09 09:00 AM. IT IS THE RESPONSIBILITY OF THE PARTIES AND ATTORNEYS TO NOTIFY THE CASE COORDINATOR IMMEDIATELY OF ANY PARTIES OR COUNSEL INADVERTENTLY OMITTED FROM THIS NOTICE. Please acknowledge receipt of this notice within ten (10) days. YgMXs Trul , ELLEN B. BRANTLEY CIRCUIT JUDGE Copies to: WILLIAM WEBSTER DARLING G. RANDOLPH SATTERFIELD Receipt is cknowledged of the above notice thisQ'ay of 2069). Please return this notice to: Rosie Tolbert, Case Coordinator, Sixteenth Division Circuit Court, Pulaski County Courthouse, 401 W. Markham, Suite 310, Little Rock, AR 72201. Thank you. Page 1 of 1 Carney, Dana From: Fields, Amy Sent: Monday, October 13, 2008 9:44 AM To: Bozynski, Tony; Carney, Dana Cc: Carpenter, Tom Subject: Entergy Case (McLain v. City of Little Rock) Tony & Dana: The Entergy case had been set for jury trial for two days on November 17 & 18. You will remember that there were two separate lawsuits on the substation. The first one was filed after the City initially approved the subdivision and the CUP back in 2006 and was in Judge Kilgore's court. Then, earlier this year, Entergy filed a new subdivision application to clear up the earlier mistake about who actually owned the property & also got a revised CUP approved. The neighbors filed the second appeal on those actions and that appeal is in Judge Brantley's court. I had filed a motion to consolidate the two lawsuits since they involved the same property & the same project and didn't think we should have two trials on basically the same issue. Last week, the neighbor's attorney, Randy Satterfield, got a voluntary dismissal of the first appeal, which was the one in Judge Kilgore's court that was set for trial in November. So now, what's left is the second appeal. Randy Satterfield has contacted Judge Brantley's office and asked for a trial date. The bottom line on all of this is that there won't be a trial in November and I'll let you know when we have a new trial date. If you have any questions, just let me know. /WA Amy Beckman Fields Deputy City Attorney (501) 371-6892 10/13/2008 OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 Amy Beckman Fields Telephone (501) 371.4527 Deputy City Attorney Telecopier (501) 371-4675 June 16, 2008 G. Randolph "R y" Satterfield Satterfield L Firm, PLC P.O. Box 10 Little ock, AR 72203 Re: Tammy McLain v. City of Little Rock Planning Commission Pulaski County Circuit Court No. CV -2008-6428 Dear Randy: Please find enclosed my Entry of Appearance in the above -referenced case. If you have any questions, please let me know. r Sincerely, Amy Beckm Fields Deputy City Attorney ABF:dab Enclosure cc/enc: Tony Bozynski Dana Carney Web Darling IN THE CIRCUIT COURT OF PULASIKI 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, 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, 1997; and EMMA SUE THOMPSON VS. CASE NO. CV -2008-6428 CITY OF LITTLE ROCK PLANNING COMMISSION ENTRY OF APPEARANCE 1 e A n._: APPELLANTS APPELLEE Comes the undersigned, Amy Beckman Fields, Deputy City Attorney, and hereby enters her appearance as counsel of record for Appellee, City of Little Rock Planning Commission, in the above -styled matter. Respectfully Submitted: Thomas M. Carpenter City Atto ey By: Am Y Be 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, by placing the same in the U.S. Mail, postage prepaid, this LWay owe, 2008. Amy IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS 16th DIVISION TAMMY MCLAIN, FAITHANN GLIDDEN, APPELLANTS MICHAEL L. GLIDDEN, GARY W. BROWN, FILED 97/02/08 14:1439 DIANE DAVIS, TRUDY CAMPBELL, Pat O'Brien Pulaski CiF uit Clerk MARILYNN M. BAEYENS, ROY R. JOLLEY, CR3 F'4 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, 1997; and EMP✓IA SUE THOMPSON vs. NO: CV 08-6428 CITY OF LITTLE ROCK PLANNING COMMISSION APPELLEE SUPPLEMENTAL RECORD FOR APPEAL Come the above Appellants, by and through their attorney, Randy Satterfield, Satterfield Law Firm, PLC, and hereby file this supplemental record to include the City of Little Rock Board of Directors' action of June 3, 2008, and subsequent approval of the related minutes of July 1, 2008, and ordinance so reflecting passed on July 1, 2008; (The certified copy of the minutes attached hereto) which approved certain planning commission action of May 8th, 2008, related to Little Rock Planning Commission file S- 1518 -A. Respectfully submitted: SATTERFIELD LAW FIRM, PLC Attorneys for the Plaintiff P.O. Box 1010 721 W. 2°d Street Little Rock, AR 772203 i7 By:- 42 G. Randolph "Ran y" Arkansas Bar No: 81140 CERTIFICATE STATE OF ARKANSAS} COUNTY OF PULASKI) CITY OF LITTLE ROCK) I Nancy Wood, City Clerk within and for the City aforesaid to hereby certify that the foregoing is a true and correct copy of the minutes approving "ORDINANCE NO. 19975, AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF MASTER STREET PLAN CONSTRUCTION REQUIREMENTS FOR COLONEL GLENN ROAD; AND FOR OTHER PURPOSES", passed June 3, 2008, as appears on file in the Office of the City Clerk. IN WITNESS WHEREOF, I have hereunto set my seal of office this 2nd day of July, 2008. KaKcj Wood, ity Clerk City of Littl Rock, Arkansas MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham June 3, 2008 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Mayor Stodola presiding. Nancy Wood, City Clerk, called the roil with the following directors present: Hendrix, Keck, Wright, Wyrick, Fortson, Richardson, Adcock, and Vice Mayor Hurst, and Mayor Stodola. Director Keck gave the invocation, which was followed by the Pledge of Allegiance. Director Cazort was absent. Director Kumpuris enrolled at 6:17 PM. PRESENTATIONS: Hot Rod Power Magazine Tour — Little Rock Convention & Visitors Bureau (June 3, 2008) Ms. Carol Dolan representing the Little Rock Convention and Visitors Bureau gave the presentation. Consent Agenda (Items 1— 8) 1. MOTION - To approve minutes of the Little Rock Board of Directors Meeting of February 19, 2008 and May 6, 2008. 2. MOTION - Z -5683-C - To set the date of public hearing for June 17, 2008, on an appeal of the Planning Commission's approval of a Conditional Use Permit to allow the Little Rack Montessori School to increase enrollment and to expand into the residence located at 11701 Pleasant Forest Drive. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends denial of the Conditional Use Permit. Synopsis: A record objector has appealed the Planning Commission's approval of a Conditional Use Permit to allow Little Rock Montessori School located at 3704 Woodland Heights Drive to increase student enrollment and to expand onto the R-2 zoned residential property located at 11701 Pleasant Forest Drive. 3. MOTION - S-1278 - To set the date of public hearing for June 17, 2008, on a petition to vacate a plat in the Ranch Highlands Subdivision, an addition to the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent Staff recommends approval. Synopsis: The applicant is seeping a vacation of the previously approved preliminary plat for Phases H and III of the Ranch Highlands Subdivision, which have not been final platted. 4. RESOLUTION NO. 12,704 - G-23-398 - To set the date of public hearing for June 17, 2008, on the abandonment of West 29`h Street located east of Maple Street as a public right-of-way. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Lauderdale Roofing is requesting the abandonment of West 29th Street located east of Maple Street as a public right-of-way. The area of abandonment will be retained as an access and utility easement to continue to allow legal and physical access to the abutting lots. 5. RESOLUTION NO. 12,705 - To authorize the City Manager to enter into contract with RP Power, Bid #8216, for two (2) emergency generators. Staff recommends approval. Synopsis: Replacement of worn-out generators located at the Chenai Repeater Station and the Ozark Point Repeater Station. The two (2) generators will supply power to the City-wide radio towers in the event of an emergency. 6. RESOLUTION NO. - 12,706 - To authorize the City Manager to enter into contracts with organizations to provide summer recreation programs to Little Rock youth. Staff recommends approval. Synopsis: Enter into contracts with organizations to provide summer recreation programs to Little Rock youth. Funding available from FUTURE -Little Rock Special Projects— Prevention, Intervention and Treatment dollars up to $200,000. 7. RESOLUTION NO. 12,707 - Approving the amended by-laws of the Little Rock Sister Cities Commission; and for other purposes. Staff recommends approval. - Synopsis: Approving the amended by-laws of the Little Rock Sister Cities Commission. 8. RESOLUTION NO. 12,708 - To authorize the City Manager to purchase three (3) pursuit rated police vehicles from Landers Ford, through the 2008 State Contract; and for other purposes. Staff recomrnends approval. Synapsis: Approval of a resolution authorizing the City Manager to purchase three (3) pursuit rated police cars from Landers Fort utilizing the State Contract, in the amount of $66,738. The units will replace three (3) units that were wrecked and totaled. The Consent Agenda, consisting of Items 1-8 was read. Director Adcock asked that the money left in the PIT summer programs fund be divided between two organizations that meet the requirements, which were Penick Boys Club and Changing Channels. Mr. Moore, City Manager stated he would administratively process this request. Director Adcock made a motion, seconded by Director Richardson to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. Director Cazort was absent. CITIZENS COMMUNICATIONS Speaker: Annie Abrams Topic: WANA (Wright Avenue Neighborhood Association) Grand Garage Sale at Mitchell School (Battery Street/Roosevelt Road) on Saturday, June 7, 2008. Speaker: Cloretta Willis Topic: Little Rock Housing and Neighborhood Program Assistance. — Mr. Moore, City Manager stated he would arrange a site visit with staff and then the request would go though the process. Speaker: Jo Evelyn Elston Topic: Underage Alcohol Drinking Prevention — Requested that the Mayor form a task force for prevention of underage drinking and then the task force would return with recommendations in 3 to six months. The Grouped items consisted of Items 9-15). 9. ORDINANCE NO. - 19,974 - Z -6669-A — Approving modification to a Planned Zoning Development and establishing a Planned Office District titled Little Rock School District Revised Short -Form POD, located on the northwest corner of 16`n and Jones Streets, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for 0 other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The request is to allow a revision to the previously approved POD to allow the Little Rock School District to construct a parking lot on the southeastern portion of flee property. 10. ORDINANCE NO. -19,975 - To amend Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing or a deferral of Master Street Plan Construction requirements for Colonel Glenn Road; and for other purposes. Planning Commission: 7 ayes, 1 nay, 2 absent, 1 recusal. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed for Colonel Glenn Preliminary Plat at 14250 Colonel Glenn Road. 11. ORDINANCE NO. 19,976 - Z -3371-T — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Glenn Ridge Crossings Lot 6 Long -Form PCD, located near the intersection of Colonel Glenn Plaza Drive and Bowman Plaza Drive, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 2 absent, 1 recusal. Staff recommends approval. Synopsis: The request is to allow a rezoning of the site from C-3 to PCD to allow the development of the site with an automobile dealership with an auto auction. 12. ORDINANCE NO. 19,977 - Z-8339 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Rankin Short -Form PD -R, located on Oakwood Road just east of North Oak Street (Lot 24 Oakwood Manor Subdivision), Little Rock, Arkansas, Amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is seeking a rezoning of the site from R-2, Single -Family to PD -R to allow a new home to be constructed on the site with a variation from the Hillcrest Design Overlay District to allow an increased building setback from the front property line. 13. ORDINANCE NO. - 19,978 - Z-8338 -- Approving a Planned Zoning Development and establishing a Planned Commercial District titled Homewood Suites Short -Form PCD, located on the southeast comer of Kanis Road and Centerview Drive, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff'recommends approval. Synopsis: The applicant is proposing the rezoning of this site from C-2, Shopping Center District and OS, Open Space to PCD to allow the construction of a 120- room hotel and create a second lot for future development. 14. ORDINANCE NO. 19,979 - Z -6245-C — Approving a Planned Zoning Development and _establishing a Planned Commercial District titled Asbury Place Short -Form PCD, located on the northeast corner of Kanis and Kirby Roads, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission 8 ayes, 2 absent, I recusal. Staffrecommends approval. Synopsis: The request is a rezoning of the site from C-1, Neighborhood Commercial District and R-2, Single -Family to PCD to allow the development of the site with four (4) lots with office and commercial uses. 15. ORDINANCE NO. -19,980 - Z -4923-E — Approving modification to a Planned Zoning Development and establishing a Planned Commercial District titled Shackleford Crossing Revised Long -Form PCD (Townplace Suites by Marriott), located at Shackleford Crossings on the southwest corner of Interstate 430 and Shackleford Road, Little Rock, Arkansas; amending the -Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. 3 Planning Commission 8 ayes, 2 absent, 1 recusal. Staff recommends approval. Synopsis: The request is to allow a revision to the previously approved PCD to allow construction of a four (4) -story 92 room hotel with paved drives and parking. The grouped items consisting of Items 9-15 were read the first time. A motion was made by Director Adcock, seconded by Director Keck; to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, being two-thirds in number, the rules were suspended and the ordinances were read the second time. A motion was made by Director Adcock; seconded by Director Keck, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, being two-thirds in number, the rules were suspended and the ordinances were read the third and final time. By unanimous voice vote of the Board Members present being two-thirds in number the ordinances were passed. Director Cazort was absent. Director Hendrix requested that Mayor Stodola arrange a retreat for the Board of Directors. Director Keck, seconded by Director Wright made a motion to adjourn the meeting. By unanimous voice vote of the Board members present, being two-thirds in number, the meeting was adjourned at 6:45 PM. ATTEST: APPROVED: Nancy Wood, CMC Mark Stodola City Clerk Mayor C! G. Randolph Satterfield Cynthia S. Moody Mary C. Galchus Of Counsel Virginia "Ginger" -Atkinson Email & Weh Site satterfieldlaw@comcast.net www.satterfieldlaw.com SATTERFIELD LAW FIRM, PLC ATTORNEYS AT LAW All Mail & Fax For Both Locations P. 0. BOX 1010 Little Rock, AR 72203-1010 Honorable Mark Stodola Mayor of the City of Little Rock 500 W. Markham St., Room 203 Little Rock, AR 72201 Facsimile: (501) 374-2834 Toll Free: (877) 273-4911 July 2, 2008 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 City of Little Rock Board of Directors c/o Nancy Wood, Clerk of City LR 500 West Markham, Room 203 Little Rock, AR 72201 OBJECTORS: TAMMY MCLAIN, FAITHANN GLIDDEN, MICHAEL L. GLIDDEN, GARY W. BROWN, DIANE DAVIS, TRUDY CAMPBELL, MARILYNN M. BAEYENS, ROY 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, 1997; and EMMA SUE THOMPSON RE: Appeal/Supplement to Existing Record of Pending Appeal in Sixteenth Division Pulaski County Circuit Court No: CVOS-6428 to include the City of Little Rock Board of Directors' action of June 3, 2008, and subsequent approval of the related minutes of Jelly 1, 2008, and ordinance so reflecting passed on July 1, 2008; which approved certain planning commission action of May 8th, 2008, related to Little Rock Planning Commission file S -1518-A Dear Mayor Stodola & Members of the Board: Please be advised of the filing of an appeal and supplement to an existing appeal, on behalf of my above clients, to Pulaski County Circuit Court, of the following action taken by the Board of Directors on June 3, 2008 and approved on July 1, 2008, as follows: ORDINANCE NO. -19,975 - To amend Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing or a deferral of Master Street Plan Construction requirements for Colonel Glenn Road; and for other purposes. Planning Commission: 7 ayes, 1 nay, 2 absent, 1 recusal. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed for Colonel Glenn Preliminary Plat at 14250 Colonel Glenn Road. The remaining Planning Commission actions contained in file number Z 7980-A are also being appealed and should be before the Board of Directors in August, 2008, as part of the continuing appeal process. Y G. Randolph Satterfield Attorney for the Objectors cc: clients Amy Fields, Assistant City Attorney Webster Darling, Attorney for Rmergy Dana Carney, Zoning and Subdivision Manager Encl: Minutes of Board of Directors Meeting of July 1, 2008 OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 Amy Beckman Fields Deputy City Attorney August 14, 2008 G. Randolph "Randy" Satterfield Law Firm, P.O. Box 1010 Little Rock, AR 220 Webster tinter ervices, Inc. P.O. ox 551 Li e Rock, AR 72203 Re: Tammy McLain v. City of Little Rock, et. al. Pulaski County Circuit Court No. CV -2007-3969 Dear Randy: Telephone (501) 371.4527 Telecopier (501) 371.4675 Please find enclosed a file -marked copy of the City's Motion to Consolidate in the above - referenced matter. Sincerely, - Amy Bec Fields Deputy City Attorney ABF:dab Enclosure ' cc/enc: Tony Bozynski Dana Carney OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 Amy Beckman Fields Deputy City Attorney August 14, 2008 G. Randolph "Randy" Satterfield Law Firm, P.O. Box 1010 Little Rock, AR l0 Webster nntergy ervices, Inc. P.O. ox 551 Li e Rock, AR 72203 Re: Tammy McLain v. City of Little Rock, et. al. Pulaski County Circuit Court No. CV -2007-3969 Dear Randy: Telephone (501) 371.4527 Telecopier (501) 371.4675 Please find enclosed a file -marked copy of the City's Motion to Consolidate in the above - referenced matter. Sincerely, - Amy Bec Fields Deputy City Attorney ABF:dab Enclosure cc/enc: Tony Bozynski Z" Dana Carney . IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS 13th DIVISION TAMMY MCLAIN, FAITHANN GLIDDEN, MICHAEL L. GLIDDEN, GARY W. BROWN, DIANE DAVIS, TRUDY CAMPBELL, MARILYNN M. BAEYENS, ROY R. JOLLEY, MICHAEL ROMAN, NANCY ROMAN, SITE ANN STEPHENS, HOWARD STEPHENS and EMMA SUE THOMPSON VS. CITY OF LITTLE ROCK ENTERGY ARKANSAS, INC. CASE NO. CV -2007-3969 MOTION TO CONSOLIDATE FILED L83/14/240i 8 09:26:02 Pat— O'Brien Pulaski Circuit ClerI; PLAINTIFFS DEFENDANT INTERVENOR Comes Defendant, 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 to Consolidate, states: 1. On March 22, 2007, Tammy McLain, Tina Williams, Faithann Glidden, Michael L. Glidden, Gary W. Brown, Diane Davis, Trudy Campbell, Marilynn M. Baeyens, Roy R. Jolley, Michael Roman, Nancy Roman, Sue Ann Stephens, Howard Stephens and Emma Sue Thompson filed a Complaint against the City, Entergy Arkansas, Inc. ("EAI"), and Minton, LLC in Pulaski County Circuit Court, Case No. CV -2007-3969. The action was dismissed without prejudice as to Separate Defendants EAI and Minton, LLC on September 14, 2007. On January 3, 2008, an order was entered dismissing Tina Williams as a Plaintiff to this action. An order was subsequently entered granting EAI's motion to intervene on July 2, 2008. 2. Case No. CV -2007-3969 involves a 7.8 acre tract of real property located on Colonel Glenn Road, outside the Little Rock city limits, but within the City's planning and zoning jurisdiction. The City approved a preliminary plat subdividing the 7.8 acre tract into three lots. Minton, LLC was the applicant for approval of the preliminary plat. Additionally, the City granted a conditional use permit for Lot 3 of the subdivided property to allow EAI to construct an electrical substation. The Plaintiffs in Case No. CV -2007-3969 are neighboring property owners who are appealing the approval of the subdivision and the conditional use permit. Plaintiffs also originally sought relief against the City pursuant to the Arkansas Civil Rights Act and 42 U.S.C. § 1983. Those claims were voluntarily dismissed by Plaintiffs on March 25, 2008. 3. On June 16, 2008, the Plaintiffs in Case No. CV -2007-3969 and the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust Declaration Dated the 28th day of July, 1997 (the "Stephens Trust"), initiated Case No. CV -2008-6428 in Pulaski County Circuit Court by filing "Appeal from Action Approving a Preliminary Plat and Other Matters Contained in the Record of Minutes and File of Little Rock Planning Commission Arrising (sic) from Meeting of May 8th, 2008, for the Colonel Glenn (Minton Dairy) Preliminary Plat (5-1518-A)." The named appellee is the City's Planning Commission, which is tantamount to an action against the City since the Planning Commission is not a separate legal entity subject to suit. On June 2, 2008, the Plaintiffs in Case No. CV -2008-6428 filed a Supplemental Record for Appeal. 4. The property at issue in Case No. 2008-6428 is essentially the same 7.8 acres that is the subject of Case No. CV -2007-3969. As reflected on page 2 of the certified minute record filed by Plaintiffs in CV -2008-6328, the purpose of the application was to revise the previously approved preliminary plat to correct the names of the owners of the property being subdivided and to reflect the proper legal description of the plat boundary. The original application (which is the subject of CV -2007-3969) was made in the name of Minton, LLC, while the actual title holders of the property were individual members of the Minton family. Additionally, at the time -2- of the original subdivision approval, there was pending litigation regarding the boundary line of the property that was subsequently resolved by a Decree entered in a quiet title action in Pulaski County Circuit Court. 5. Both of these cases involve the same property on Colonel Glenn commonly known as the Minton Dairy property. Both cases involve Plaintiffs' opposition to the actions taken by the City with relation to the property, namely the approval of a subdivision of the property and the approval of a conditional use permit to permit EAI to construct an electrical substation on one of the tracts. The Plaintiffs in each case oppose the subdivision and conditional use permit because they object to the construction of the electrical substation. 6. Case No. 2007-3969 and Case No. 2008-6428 involve common questions of fact and law. The causes of action are of a like nature, involve the same defendant, involve the same attorneys, and involve the same plaintiffs (with the exception of the Stephens Trust). 7. Ark. R. Civ. P. 42 provides for consolidation of cases in actions involving common questions of law or fact. 8. In order to prevent multiplicity of suits, to conserve the time of the Court, to eliminate unnecessary expense on the part of the Court and on the part of the parties, and for fair administration of justice, this Court should consolidate Pulaski County Circuit Case No. CV - 2007 -3969 and Pulaski County Circuit Case No. CV -2008-6428. Furthermore, it appears reasonable that the two cases should be consolidated for trial. WHEREFORE, Defendant, City of Little Rock, prays that this Court consolidate Pulaski County Circuit Case No. CV -2007-3969 and Pulaski County Circuit Case No. CV -2008-6428; and for all other just and proper relief to which the City may be entitled. -3- Respectfully Submitted: Thomas M. Carpenter City Attorney By: AmayB e e s (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 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, Li le Rock, Arkansas, 72203-0551, by placing the same in the U.S. Mail, postage prepaid, this t f Au st, 2008. y Beckm ds ATTERFIELD LAW FIRM, PLC G. Randolph Satterfield ATTORNEYS AT LAW Cynthia S. Moody Mary C. Galchus All Mail & Fax For Both Locations Of Counsel Virginia "Ginger" Atkinson P. 0. Box 1010 C•.mail ti 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 Reck 500 W. Markham St., Room '203 Little Rock, AR 7221)1! City of Little Rock Board of Directors c/o Clerl; of 61- City of Little Rock 500 W. Markham St., Room 203 Little Rock AR 72201 -f�t 04�p 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 RE: TAMMY MCLAIN, FAITHANN GLIDDEN, MICHAEL L. GLIDDE ARY W. BROWN, DIANE DAVIS, TRUDY CAMPBELL,MARILYNN M. BAEY NSZROY 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. o a ` � � _F1 x C:) CJ'f G7 (1 1 p Q lit Q3 RE: TAMMY MCLAIN, FAITHANN GLIDDEN, MICHAEL L. GLIDDE ARY W. BROWN, DIANE DAVIS, TRUDY CAMPBELL,MARILYNN M. BAEY NSZROY 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. 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 y .y urs, G dolph Satterfield cc: clients Amy Fields, Assistant City Attorney Webster Darling, Attorney for Entergy Dana Carney, Zoning and Subdivision Manager Enclosure: Certified Record of Minutes & Planning Commission File EtCity 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 May 30, 2008 To whom it may concern: I hereby certify the following attached for the Colonel Glenn (Minton Dairy) Substation Revised CUP (Z -7980-A). Dana Carney Zoning and Subdivision Manager Planning Zoning and Subdivision items are authentic copies of minute record Preliminary Plat (S -1518-A) and Entergy Area Znnin Case: Z -7980-A Location: 14250 Col. Glenn Rdad Ward: NA PD: 18 0 200 400 Feet CT: 42.07 TRS: TIN R13W19 Existing Structures -[ 25' i s / E aseme Lo of 0 0 d- -z I d i Tract 1 2.41 Acres. 181.27' Tract 2 2.10 Acres 1 00 00 Li 1 Lo I� �t 175.00' Tract 3 ropose 0 ocation ew Enterg o Substatio �o0r .28 Acr Existing Wo 355.66' NORTH 1 Z_7980_A6 ENTERGY * CONDITIONAL USE PERMIT SUBSTATION City of Little Rock Department of Planning and Developrnient 723 West Markham Street Planning Little Rock, Arkansas 72201-1334 Zoning and Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision .lames Jones Entem Arkansas P. Q, Box 551 Little Rock AR 72203 Date: March 3 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn Road This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on February 28, 2008, Approved your application as submitted. Denied your application as submitted. X Deferred action to the April 10, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and Subdi Department of Planning and Dev� DC/aa Manager rED-,�r-eUUb U4;14 NM P-01/02 r18-�7-2008 04:14 PM Entergy February 27, 2008 Mr. Tony Bozynski Director, Planning and Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Entergy Substation — Revised Conditional Use hermit Dear Tony: P. 02/02 Entergy Customer Service With & Louiaian;t P.O. Box 03;57 Little Ronk, AR 7220:3 T01 b()l 396 4331 James E. Jones Rogionel C -11:N nur Service Marlagur I am writing to request that the Planning Commission defer Entergy's Substation - Revised Conditional Use Permit {File number 2.7980-A} scheduled on the agenda For Thursday, February 28, If permissible, we ask that this item be placed on the April 10, 2008 agenda. If you have any questions, please contact me. Sincerely, acnes E. Jones Et of Little Rock Department of Planning -and Development 723 West Markham street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax:. (501) 399-3435 or 371-6863 Jaynes Jones Entergv P. G. Box 551 Little Rock AR 72203 Date: April 11. 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel GIenn Road Zoning and Subdivision This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on April 10, 2008, Approved your application as submitted. Denied your application as submitted. X Deferred action to the May 22, 2008 Meeting. Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and Subdiv' Department of Planning and Dev DC/aa April 2, 2008 Mr. Dana Carney Manager, Zoning and Subdivision City of Little Rock 723 W. Markham Little Rock, AR 72201 Re: Entergy Substation — Revised Conditional Use Permit Dear Dana, Entergy Customer Service Ninth & Louisiana P.O. Box 551 Little Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer Service Manager T am writing to request that the Planning Commission defer Entergy's Substation — Revised Conditional Use Permit (File number Z -7980-A) scheduled on the agenda for Thursday, April 10, 2008. Please defer this item and place it on the May 22, 2008 agenda. If you have any questions, please contact me. Sincerely, James E. Jones- utCity of Little Rock Department of Planning and -Development 723 West Markham Street little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 James Jones Entergy _ P. O. Box 551 Little Rock, AR 72203 Date:_ May 23. 2008 Dear Mr. Jones: Case No. Z -7980-A Location: 14250 Colonel Glenn 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. Planning Zoning and Subdivision X Approved your application with the following conditions: See conditions outlined in Planning Cornmission 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 floorBEFORE 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 Der DC/aa z fl Q j 6�y 4d3 seri bv� 65 4�3 bg -601) 1 �I 0 u 05U 'v� OD �Ent w .a on w o _ =° •v a cc z Z u x A Q w U�n �n v� cup.doc 2 09/22/05 APPLICATION FOR REVISED CONDITIONAL USE PE A. R. T; Zoning Case File No. Z- 7980-A � JAN 2 2000 1 Planning Commission Meeting docketed for Febrany 2$ 2008 At 4.00 p.m. ��. �� rr►� (�- 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: __approximately 650 feet south of Colonel Glenn (no frontage) 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 (Name) 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: Change of access to property from Colonel GIenn Road to Lawson Road There (tee) (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 accompli: Applicant (owner or authorized Address: 425 W. Capitol Avenue _ Planning Commission �Pprov ,I \eE!, 00 Conditions of Approval: M rv- r 5 S / a,-." Y10 / "�-) Board of Directors Approved: Ordinance Number: 1'elephone: (501) 396-4337 LITTLE ROCS. PLAN14ING COMMISSION Conditions of Approval: APIPRO�11:Q. Q1 10 IECT TO IVE CQU )TIONS AS P:CTED IN i IE PLANNING Ca�!MISSION MIN�ITE D-PCORD �Eo�m�Y} �, LAG F) ATE: V ,A 3 a- 100 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 Beginning, containing 3.41 acres, more or less. Y"Entetgy oft 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 properly 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 Camey 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 Entergy 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. 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 ]ink 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 cleared 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 an 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. 6. 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 Hoyle, Chief of Crystal Valley Volunteer Fire Department attached to this letter. 8. Provide proof from Pulaski County that site can be developed as proposed. (FIoodplain—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 FTN 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, 1996) 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 Works 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. 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 FTN 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: FIN 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 ly, C 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 Billie Jo Yo6ng Q. D. Minton Thomas M. Minton Date: .2—/.*.)'- — d Date: 2 - If-- 0 Date: a_I s"-- a- T- 2008. Subscribed and sworn to me a Notary Public on this /S�L day of February, My commission expires: -1 , " �-wr aaww i E 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 Beginning, 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(_ - / e�4 0 Q ppl, c��i�--� ?1' Property described as: See Exhibit "A" attached hereto and made a part hereof. Signature of Title Holder KOB , LLC By. Russ a Its: Authorized Agent Date: Subscribed and sworn to me a Notary Public on thisoC� day of April, 2008. (Notary Public) ��IitkoL Af, LE v/ IIJ My commission expires:' lTu ``,..�.�,��]•r•►►`►►,ti,trc,,j,��l+ y p-rA,Y z AUSL�C, s' EX.IIBIT "A" Legal Description A part of the Southeast One Quarter (SEY4) 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 (NEY4SE%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 (NEY4SE%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. And A part of the Southeast One Quarter (SE'/4) 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 thenc6_'S6iith,'22-degtees'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 Protection District #24 'la P.O. Box 45US Little Rock, Arkansas 72214 (501)225-0716 James Jones Regional Manager Customer Service February 11, 2007 501-821-7099 p.2 Mr_ Jones, Crystal Fire Dept. is aware of your planned substation. We have no development and for see no problem providing fire protection to thi: of the entrance to Lawson Rd. is not an issue either_ However, we u install a fire hydrant per our regulations and to provide an access roe and surface to enable our engines to enter your area Please contact 1 coordination and location of this hydrant when construction begins. Re ctfulIy, Gary M ogle, Chief Commisshmers Clmdy Cones Gordan Ne*r. Chairman DavidSfearnr Howard Slephens Doug Docker Gary M.. Boyle. Chief slues with this site. The relocation 11 require you to I of sufficient width 2e Fire Dept. for ss� is 8 Ltd, watOrr),SiluraesleA[OafliPJ3wo0i15➢Ik1 3 Innwood Circle, Suite 220 -.Little Rock, AR 72211•-2492 a (501) 225-•7'779 • Fax (501) 225-6738 February. 12 2D0$, Mr.. Vincex t Florian, PE : . • - City. of Little -Rock ,. Department of Public Works 701 West Markham Siree# Little Rock, AR 72201 RE: Entergy•CoL Glenn'Subst_ati.on- ` -FTN No. -6a47-347 = Dear li7r: Floriani ..,..FTN -:As'sociatei, Ltd. [VM- has ,evaluated the intersectt,on _of Lawson Road and Entergy 's proposed substation' access -drive. Based upon this- evaluation,. "it is P N's pt� fessionatl' opinion #hat -the .sight distance at this 'proposed intersection .complies" with 2004 AA- .$HTO Green Book standvds''. if you. have- any questions qr need additional: information regarding this, proposed intersectiozi, Pl se: cb tact me or David Hewitt at ,(501) 22577779. Kindest regards,.T�'�&' FTN ASSQCIATES, LTD.a A A.RICAN WeA Biamlett, PE RO = w; Associates,: Ltd..: z y E�. Proj ect Engineer N o. 63 �rV •{{�!f Age- WCB%ses . �r �5 �� 'rr•.,�;;SAS - .•``'' CC: 'Frank Morse; Entergy, New Orleans Murry Witcher, Entergy Transmission; Little Rock - R:1V}+ FILM6047-34XOF;RF-SPONDENCBL-V•FLORiANI.2-12-OS.DOC - .Regional Offices: Fayetteville, AR and Baton RoUge, LA.* Web Site: Www.ftn-assoc.dom • E-mail: ftnoftn-assoc.com LITTLE ROCK WASTEWATER COMMENTS Project Number Project Name Project Type Comment Made G-25-199 Marshall Street Name Change To Street Name Change No Objction Children's Way :Z -5615-A Allison Presbyterian Church Parking Lot Conditional Use Permit :Z -5683-C Little Rock Montessori School 'Z -5802-B The Anthony School Z -7980-A Entergy Substation IZ-8311 Chenal Adult Day Services Z-8312 Smith Hill Day Care Center Conditional Use Permit Existing sewer main located in project area. Contact LRW for details prior to construction. Sewer available to this property. Revised Conditional Sewer available to this property. Use Permit 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 stFeet 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 Av . d 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 locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The code requires driveway spacing on a commercial street to be 125 ft from the property line and 250 R 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 Ave./Izard 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 blaster 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 oft 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 vehicke 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-5820-13 Anthony School Revised CUP add Cafeteria 7700 Ohio St 1 Dere to the proposed use of the property, the Master Street PIan specifies that Iowa Street for th centerline. e frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from 2 Due to the proposed use of the property, the Master Street Plan specifies that Ohio Street for the frontage of toss 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 A.ASHTO Green Book standards. Z File Number Z-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 trust meet commercial street standards. Dedicate right-of-wayto 30 feet from centerline. 3 Due to the proposed use of the property, the Master Street Plan species that W. 28th Street for the frontage of this property must 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 O O O) L ca � 'p • N L' (0 D W =.S N � O E tm �0U c� i D m OLNJ L a) 0m co C C C O ' QLo [0 .0U. Q`1 N O U —O W z LU Q C U (0 U N 4- ` h CO C O { Icy CD CU �(D �Y c O E C CAn L 0-0) O •C •o Z 'Z cu O _C CL S Qi SON .5 L l� m cu cu cu a.I N 0Fw w N O Yco ca -C ^ .. =0 C O U 1N O Ein �_�� E c m �� E 2)E -C.c E K °' f (D F v� O E C Y N t p d�- m U wcu a 3 z E L:p .. 3 � c i� 3 1 mC m cm c �QUJ ca C❑ @ c C c E N LLLL LII W C .0 E O �. O O . CO V •O O _� •O (] C IIIN cu O s @ U co Cl) U r'C-.. ca ca V[p O 0. O 0) EUOL- C O N V c0 CC UE OL COL LU Jf0 @ J CD : CD E OO v C I ca O @4-- iMn L p O" LO- E' U -0 a- cam a) Co [] -cu c` —t �?CD o- 1� cow �0 ca 0-yj0- �U� LcA aco �:° m co O N -o a) ami o N Co S O E L � y� Y y N n c O (a i co = c0 m ca O- O Co � •C C C co cu C = L E a C ` O C Q (D Y O. U U ..cLO C c0 .Y Q E O -p N Y L Z O O •(n O � O Q L L C O LO •L Q �_ 3 @ � C O y cV N 2 �O C F- iZ O O U- cB a -" U 0 (j �� p qj O C O C N W 1� C7 N N cd :. L U +� w o m U O U �.� r.� O C.0 .o o >, E ca O U ca O O O C U Q 10 �'ao c C U U U L O U ccf [9 Q Q C Q U Z O U W co M C) CC)T 5 W Lo c(> cD °O ti LO 2 U rn g3 M G OP Q• co IL a. a � Q �a Z U U U ❑ �I a U Z (D f 1 U Y ❑U) O v J a N o CN ,� C) J a � 07 Z . Q E- p h � O cn W ❑ � Z ill O U O Z❑ =O� O 0 C$ U 2O I1 ❑ �- Q Q� U)� ❑ _� IW IQca �` O Z F•- Z I- U Z U)[if =O �❑ mW pz �� wQW �d> fU �J Cf) U) ❑m C/) CD U1Q U) J Qf4 Jm �W OZ JmWI QZ J zj 1 U O = ❑ Qi Zn. Y i Zp� j2 O 40 O Q U z =w Q U co Z❑ T Q a t - dk MEMORANDUM TO: MONTE MOORE, ZONING ENFORCEMENT ADMINISTRATOR FROM: CHRISTY MARVEL, PLANS DEVELOPMENT ADMINISTRATOR SUBJECT: REVIEW OF THE BUFFER AND LANDSCAPE REQUIREMENTS OF THE FEBRUARY 28m, 2008 PLANNING COMMISSION AGENDA CC: DANA CARNEY, ZONING & SUBDIVISION MANAGER DATE: February 4, 2008 NEW BUSINESS: 2. Allison Memorial Presb Brian Church Parkin Lot 2-561.5-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 comer 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 Expansion 9-5683 Cj 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 AnthonySchool Z-5$20-8 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 uilding: 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 Z-8311 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. Gloly Divine Christian Acaden ny Da Care 2-8312 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 2e Street and 29" 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 parldng lot must comply with the parldng 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 -7984-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 eornplies with 2004 AASHTQ Green Book standards. Tuesday, February 05, 2008 Page 1 of 1 LITTLE ROCK FIFE 2006 MtY of Little Rock : 1 , Department 01 Pelaprit. 723 Wast Mlirkh&m ,,PIlanning and Devniiylannln uesa Reek. Arkansas 7?snt-rase _9 - . • - Phons:f5a7]37f�78G Fa�ctSOS]$NL3435ors77-$ap �17r]trr�9nd DATE: subdfvlslon E3 EXTARGY (2) ❑ eenterp4$,t Energy o Gti Ce tr T (2) TXPE OF 75STJE: tee V,&,-49 (� � Central Arkansas Water ❑ 'Little Kock Wastewater FILE 1VT.T1y18F.R: t� f'L d pula8ld C,,mty Pte$ l -, f -a Littk Rock Fire Departeut LOCATTzON: i Q Public Wcrhs: Fngxneerkg, Maf�t: p) ❑ Fades 2mdReamtion Department 13 Planning and Development— Site Plan Retic' Q Planning and Development Cmphics E CATA TO W$OI"T' IWAX CONCEM: On the Little Rock Planning Commission Y41 consider the above refertaced issue. NOTE: The Intend 'um ntal Ueeung at wbiob this issue will be discussed IV be held oa NOTE: The Subdivision Cm=ittea mr5ting at'bich this issue WM be discussed will be held oo A copy of the 'plan for the re%rmc issue is recorrmiendaiio= we71 be appreciated. pnelosed for your consideration, and your coA:mMTS and/or Sincerely, DannF.� c:rnEY 7,ani)3g rzd SabdMslo33 Manager fP}ease respond arsd return this lever with your Comments for our records.) ____f:��lpproved as Subm4tted. PLEASE RETURN COMMXNTS By �_Fasement (s) ragvired (Eye atfzthed plat or dest;riptiom ) 'To all utt7irres; If aft rasanenl it reguesred whrc)r fs fn rxe= OfJOjaer br �vFelrh, provide jusrifrcatforr for rh e easrmenc or the reguesf will not be fnrluded br rha Plar,rtfng Cammfssian a�ertda. Comments: