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HomeMy WebLinkAboutZ-8170-C Application 1AF 4 CUP AF r"•r II plcj R2` !THIS SITE I ZPA PCD r 1 r ! PCD , AF DI b R2 Ell t AF W AF Area Zoning City of Little Rock Planning & Development PCD 0 �, - 0 MI Case: Z-8170-C Location: 25616 Highway 10 Ward: N/A N PD: 29 CT: 42.01 0 210 420 TRS: T2N R14W 6 Feet City of Little Rock Planning & Development Case No: Z-8170-C Name: Mountain Valley Waste Water Treatment Plants Location: 25616 Highway 10 Issue: CUP MAO OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION AUGUST 16, 2016 AGENDA Subject A Resolution to set the public hearing for September 6, 2016 on an appeal of the Planning Commission's action in denying a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10. (Z-8170-C) Submitted By: Department of Planning and Development and Public Works Department SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required Ordinance Resolution Approval Information Report Approved By Bruce Moore The applicant, Rick Ferguson, through his attorney Philip Kaplan, is appealing the Planning Commission's denial of a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10. I None Approval of the Resolution setting the public hearing. On July 14, 2016, the Planning Commission denied a conditional use permit to allow a wastewater treatment plant at 25,616 Highway 10. The Commission's vote was 1 aye, 9 noes and 1 absent. There were numerous objectors present. The applicant is appealing that denial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. A RESOLUTION TO SET SEPTEMBER 6, 2016 AS THE DATE OF PUBLIC HEARING ON AN APPEAL OF THE PLANNING COMMISSION'S ACTION IN DENYING A CONDITIONAL USE PERMIT TO ALLOW A WASTEWATER TREATMENT PLANT ON THE PROPERTY LOCATED AT 25,616 HIGHWAY 10 (Z-8170- C); AND FOR OTHER PURPOSES. (Z-8170-C) WHEREAS, a notice of appeal has been filed as a result of the Little Rock Planning Commission's denial of a conditional use permit to allow a wastewater treatment plan on the property located at 25,616 Highway 10. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The hearing on the notice of appeal of the denial of a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10 (Z-8170-C) shall be held at a meeting of the Board of Directors of the City of Little Rock in the Board Room of City Hall at six o'clock on the 61h day of September, 2016. SECTION 2. The City Clerk is hereby directed to give notice of such hearing in the manner prescribed by law by publication once a week for two (2) consecutive weeks in a newspaper published in Pulaski County, Arkansas, and having a general circulation in the City of Little Rock. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED: ATTEST: APPROVED: Susan Langley, City Clerk Mark Stodola, Mayor APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attorney // OA E OR AF, j . R2 THIS SITE PCD J 1 1 I I AF CUP llidTpS�,Lld AF _i AF 7CD lip R2 Area Zoning City of Little Rock Planning & Development i AF PCD 9 Case: Z-8170-C Location: 25616 Highway 10 Ward: N/A N PD: 29 CT 42.01 0 210 420 TRS: T2N R14W 6 Feet Nowlin Creek 0 -------------- Construct J Concrete Headwall 4" CL 51 DIP l� x 115 LF t77- Proposed Tem�porary� 48' x 14' Packagej All Weather Gravel Sanitary Sewer T �eatm r" Driveway Proposed Pump -____� Station PLEASANT GROVE R❑ HAG 70 Sketch City of Little Rock Planning &Development Case No: Z-8170-C Name: Mountain Valley Waste Water Treatment Pla _ocation: 25616 Highway 10 Issue: CUP Plant N A 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 July 26, 2016 Philip Kaplan Williams and Anderson Twenty Second Floor I I I Center Street Little Rock, AR 72201 Re: Appeal of Planning Commission denial of Mountain Valley WWTP C.U.P. Dear Mr. Kaplan: I have received your letter in which you state your desire to appeal the Planning Commission's denial of a conditional use permit to allow a wastewater treatment plant at 25,616 Highway 10. The item will be placed on the Board of Directors' August 16, 2016 Agenda to set the date of public hearing for September 6. 2016. Board of Directors meetings are held in the Board Room, Second Floor, City Hall, 500 W. Markham. The meetings begin at 6:00 p.m. As the appellant, you are responsible for notification of the public hearing. You must send a notice to all record objectors and all parties who were notified of the Planning Commission hearing. I have included a notice form for your use. In addition to the list from the abstract company, you need to notify the neighborhood associations and record participants. I have attached that additional list. Do not send the notice until after the August 16, 2016 Board meeting to be sure that the public hearing is set for September 6, 2016. The notices do need to be sent via certified mail no later than ten (10) days prior to the public hearing. Proof of notice, as for the Commission meeting, must be returned to me no later than the Friday prior to the date of the public hearing. Failure to comply with the notice requirement as stated above will result in withdrawal of the appeal. If you have any questions, please contact me at 371-6817 or dcariiev:ii`.littlerock.()r;}. S,,incerely Dana Carney Zoning and Subdivision Manager cc: Tony Bozynski, Director of Planning and Development Susan Langley, City Clerk George Wise Janae Day Sierra Club 7800 Hood Road 1308 West 2"d Street Roland, AR 72135 Little Rock, AR 72201 Elizabeth Bobbitt Desmond and Carol Doris 8020 Hood Road 23708 Pleasant Grove Road Roland, AR 72135 Roland, AR 72135 Michael Mitchell Nicholas and Marcia Finn 1010 West Yd Street 10200 Twin Mountain Lane P.O. Box 1510 Roland, AR 72135 Little Rock, AR 72203 Pamela and Mike McKinnis Mary Baskin 27120 Twin Mountain Trail 2 Live Oaks Court Roland, AR 72135 Little Rock, AR 72223 Gresham Barnes Drew Kelso 17607 Burlingame Road 4 Dressage Lane Little Rock, AR 72223 Little Rock, AR 72223 Larrie and Jo Ann Wortham Dr. Harold Hedges 25624 Highway 10 8201 Hood Road Roland, AR 72135 Roland, AR 72135 Amy Sixbey Ross Noland 9525 Twin Mountain Lane P.O. Box 251402 Roland, AR 72135 Little Rock, AR 72225 Thaddeus Bartter Sanford Tollette 25 Livree Lane 5512 Ferndale Cut-off Road Little Rock, AR 72223 Little Rock, AR 72223 Duong and Angela Nguyen Tom Frothingham 20 Livree Lane 2207 Pleasant Grove Road Little Rock, AR 72223 Roland, AR 72135 Amy and Mike Bailey Carol Young 3 Chenal Downs Blvd. 712 Ash Little Rock, AR 72223 Little Rock, AR 72207 Andreae Pitcock Mark Johnson 21001 Burlingame Road 23616 Kanis Little Rock, AR 72223 Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Mary Dornhoffer 6917 Westridge Road Roland, AR 72135 Beach Abstract & Guaranty Company, Inc. 100 Center Street - P.O. Box 2580 Little Rock, AR 72203 (501) 376-5652 Direct Line (501) 376-5667 Facsimile Email: ddavis@beachabst.com June 23, 2016 White Daters & Associates Attn: Tamara 24 Rahling Circle Little Rock AR 72223 Beach No. S16-6015 LRG LLC Highway 10 - Little Rock AR RE: Part ofSWSection 6, T-2 N, R-14-W, Pulaski County, Arkansas A FAIT OF THE SW1 /4 OF SECTION 6, T -Ns R-'14--*. PU0.%: CMNT". *MMAS, WORE 'a.$Ii7=L RLT DEscR1BED AS FQLLCWS3 COMME4CING AT THE 501:THEAST CORNER OF THE SV/4 OF SECTION S. T-'?-N. R-14-W; THENCE SW56'51' 5V.26 FT. TO A FOUND Yt" REBAR 'WHICH LAYS 4.16 Fi, NCM OF THE SQLITH LIME OF THE SW1/#: THENCE NQ5'0GV*F_ M.9Z FT.; THENCE S78"01'19"E 239.72 Ff. TC THE POINT OF BEGININING, THENCE N111'5841% M-45 FT.. THENCE IV E, 125,66 FF TO A MINT IN THE CENTEIRLINE OF NOWUN CREEK- THENCE ALONG THE CE�ifERUNE OF NOWLIN CREEK AS MAPPED IN wUNE. 1997, 545!25'4-2"E, 120.45 FT.. THENCE ALONG SAID CENTERLINE OF IVCWUN CREID( W39.36`E, 66.65 Fr. TO A P0NT ON THE EAST LINE OF THE S W1 /4 OF SECTI GN S. THENCE LEAVNG THE CENTERLINE OF NOWLIN CREEK SOIX02'52"E, 296.47 FT. ALONG THE EAST LINE OF THE S`'W1/4, PASSING AT 39.7 FT. A SET A- R®4R ON THE SOUTH SANE( OF NOWLIN CREEK. TO A FOUND 4' REMAR. THENCE LEAVING TH E E�sT LANE of THE 5X1p verol"19,w, 3(' m FT. TO THE POINT OF OF -GINNING, LlCLOSING AN ARErrA OFF 2,MG ACRES, WORE W LESS. Page 2 Dear Tamara: We have examined the records of Pulaski County, Arkansas, up to May 26, 2016 at 7:00 A.M.- as to the property lying within 200 feet to the above described property, to wit: We find that the owners names set out on the attached sheets lie within 200 feet of the above described property and that the names are the last apparent owners of record of said property. We do not certify as to the validity of title and our liability is limited to the amount paid for this service. Addresses of owners cannot be guaranteed accurate. If we can be of further service to you, please call us. Sincerely, Donna Davis Special Service Department 501-376-5652 Enclosure(s) Page 3 Owners: James & Janae Day 7800 Hood Road Roland AR 72135 Desmond & Carol Doris 24708 Pleasant Grove Road Roland AR 72135 LRG LLC d1b/a LRG Investments LLC PO Box 73670 Little Rock -AR 72221 Legal Descriptlans: Part of theSY2ofSection 6, T-2-N-R-14-W Instrument No. 98-61338 Part of the S% of Section 6, T-2-N-R-14-W Instrument No. 2008-66046 Part of the S% of Section 6, T-2-N-R-14-W Instrument No. 2013-65922 OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION SEPTEMBER 6, 2016 AGENDA Subject A Resolution rescinding the Planning Commission's action in denying a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10. (Z-8170-C) Submitted By: Department of Planning and Development and Public Works Department SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required I Approved By Ordinance Resolution Approval Information Report Bruce Moore City Manager The applicant, Rick Ferguson, through his attorney Philip Kaplan, is appealing the Planning Commission's action in denying a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10. I None Staff recommends denial of the resolution, denial of the conditional use permit. The applicant is requesting approval of a conditional use permit to allow for construction of a wastewater treatment plant on this wooded, 1.7 acre tract. The treatment plant is proposed to serve a single family residential subdivision which the applicant proposes to develop on the 36+ acres adjacent to the west. The 37+ acre property is currently zoned PCD. The applicant will file a request to revoke the PCD and to restore the underlying R-2 zoning. BACKGROUND CONTINUED The property was previously used as a golf driving range. In 2007, the property was rezoned to PCD to allow a 6-lot development with a mixture of office and commercial uses. In 2015, a PD-R request for a single family residential development and a CUP for a wastewater treatment plant were fled. The applicant withdrew both applications prior to Planning Commission. This 1.7± acre site is currently wooded. It is located some 660+ feet off of Pleasant Grove Road and is adjacent to Nowlin Creek. The treatment plant is indicated as being located near the center of the site. An area within the site will be cleared and filled to accommodate the treatment plant. A wooded buffer will be retained around the perimeter of the site. The compound containing the treatment plant will be enclosed with security fencing. The proposed wastewater treatment plant (WWTP) has been approved by the Arkansas Department of Health. The applicant has provided documentation from the Arkansas Department of Environmental Quality establishing the discharge limits for the WWTP. The applicant states that ADEQ has reviewed the WWTP and indicated that a construction and discharge permit will be issued once the City approves a conditional use permit. Staff believes that the proposed private wastewater treatment facility is not compatible with the other properties in the area, staff believes the proposed use will negatively impact other properties in the area. Based on discussions with individuals at the state level who would ultimately be charged with monitoring the WWTP, staff has concerns that the long-term public health, safety and welfare may not be protected. Additionally, staff does not support as a matter of policy, the addition of a large scale, urban residential subdivision in this area. Approving the proposed WWTP is the first step toward allowing the subdivision. Staff believes the proposed III lot subdivision is a classic case of urban sprawl. The proposed development is located over 2 miles from the City limits and is about 1/3 mile from the western edge of the City's extraterritorial jurisdiction; essentially "leap -frogging" over two miles of rural development and undeveloped lands to construct an urban residential development. Such a development is better 2 BACKGROUND CONTINUED suited for construction within the city limits or at the very least adjacent to the city limits where annexation is a reasonable expectation. Staff recommends denial of the requested CUP. The Planning Commission reviewed this proposal at its July 14, 2016 meeting. There were many people present in opposition. Approximately 30 emails of opposition had been received by staff and forwarded to the Commission. The Commission voted 1 aye, 9 noes and 1 absent to deny the CUP. Please see the attached Planning Commission minutes for a more complete description of the proposed wastewater treatment plant and the Commission's July 14, 2016 hearing. 3 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN DENYING A CONDITIONAL USE PERMIT TO ALLOW A WASTEWATER TREATMENT PLANT ON THE PROPERTY LOCATED AT 25,616 HIGHWAY 10 (Z- 8170-C); AND FOR OTHER PURPOSES. WHEREAS, an application was filed with the Little Rock Planning Commission for a conditional use permit to allow a wastewater treatment plan on the property located at 25,616 Highway 10; and, WHEREAS, the Little Rock Planning Commission, at its July 14, 2016 meeting, denied the conditional use permit application with a vote of 1 aye, 9 noes and 1 absent; and, WHEREAS, the Little Rock Board of Directors has determined that action to be inappropriate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The action of the Little Rock Planning Commission in denying a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10 is hereby rescinded. SECTION 2. Said conditional use permit is hereby approved. SECTION 3. This resolution shall be in full force and effect from and after its adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED: ATTEST: Susan Langley, City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attorney APPROVED: Mark Stodola, Mayor P Carney, Dana From: Hogan, Rick Sent: Wednesday, August 2, 2017 11:09 AM To: Carney, Dana; Collins, Gilbert Cc: Mann, Bill; Carpenter, Tom; Allison R. Gladden Subject: RE: Mt. Valley CUP Appeal Attachments: Certification of Record.doc Thanks Dana, please find this replacement document for consideration and signature. Rick Rick D. Hogan, JD, MPH Deputy City Attorney Arkansas Bar #83084 OFFICE OF TIME CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201-1428 (T) (501) 371-6896 (direct) (F)(5011371-4675 (M) (5011, 413.0343 rhogan@iittlerock.gov icify 4f LITTLE ROCK This e-mail message is intended solely for the use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution of this email or attached document(s), or taking any action in reliance on the contents of this message or its attachments is strictly prohibited, and may be unlawful. If you have received this message in error, please (1) immediately notify me by reply email, (2) do not review, copy, save, forward, or print this email or any of its attachments, and (3) immediately delete and destroy this email, its attachments and all copies thereof. Unintended transmission does not constitute waiver of the attorney -client privilege or any other privilege. From: Carney, Dana Sent: Wednesday, August 02, 2017 11:05 AM To: Hogan, Rick <rhogan@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov> Cc: Mann, Bill <BMann@littlerock.gov>; Carpenter, Tom <TCarpenter@littlerock.gov>; Allison R. Gladden <agladden@williamsanderson.com> Subject: RE: Mt. Valley CUP Appeal I'll sign and return to you but remember, this is to the best of my knowledge. From: Hogan, Rick Sent: Wednesday, August 2, 2017 11:00 AM To: Carney, Dana <DCarney@Iittlerock.gov>; Collins, Gilbert <Rcollins@little rock.gov> Cc: Mann, Bill <BMan @littlerock.gov>; Carpenter, Tom <TCaroenter@littlerock.go_v>; Allison R. Gladden <agladden@williamsanderson.com> Subject: Mt. Valley CUP Appeal Dana, please find attached a draft letter to be filed with the Court which concerns only the records before the Planning Commission. After you have signed the document just send it back to me. Thanks, Rick Rick D. Hogan, JD, MPH Deputy City Attorney Arkansas Bar #83084 OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201-1428 (T) (5011 371-6896 (direct) (F) 1501) 371-4675 (M) (501) 413-0343 rhoganAlittlerock. qov ROF LITTLE ROCK This e-mail message is intended solely for the use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution of this email or attached document(s), or taking any action in reliance on the contents of this message or its attachments is strictly prohibited, and may be unlawful. If you have received this message in error, please (1) immediately notify me by reply email, (2) do not review, copy, save, forward, or print this email or any of its attachments, and (3) immediately delete and destroy this email, its attachments and all copies thereof. Unintended transmission does not constitute waiver of the attorney -client privilege or any other privilege. IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS FIFTH DIVISION LRG, LLC PLAINTIFF VS. NO.60CV-17-2731 CITY OF LITTLE ROCK DEFENDANT CERTIFICATION OF RECORD BEFORE THE LITTLE ROCK PLANNING COMMISSION As Zoning and Subdivision Manager for the City of little Rock, I, Dana Carney, prepared the official record, including all documents and papers, presented before the Little Rock Planning Commission regarding the Mountain Valley Wastewater Treatment Plant Application for Conditional Use Permit ("CUP"). Attached are twelve separate electronic files consisting of 356 pages of documents and papers which to the best of my knowledge make up the entire record presented to the Little Rock Planning Commission for consideration of the CUP. IL�a ��o, Dana Carney Zoning and Subdivision Manager Department of Planning and Development 723 W. Markham Street Little Rock, AR 72201 (501) 371-6817 Date STATE OF ARKANSAS ) COUNTY OF PULASKI ) SUBSCRIBED AND SWORN to before me, the undersigned Notary Public on this day of August, 2017. Notary Public My Commission Expires: Carney, Dana From: Carney, Dana Sent: Wednesday, August 2, 2017 11:05 AM To: Hogan, Rick; Collins, Gilbert Cc: Mann, Bill; Carpenter, Tom; Allison R. Gladden Subject: RE: Mt. Valley CUP Appeal I'll sign and return to you but remember, this is to the best of my knowledge. From: Hogan, Rick Sent: Wednesday, August 2, 2017 11:00 AM To: Carney, Dana <DCarney@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov> Cc: Mann, Bill <BMann@littlerock.gov>; Carpenter, Tom <TCarpenter@littlerock.gov>; Allison R. Gladden <agladden@williamsanderson.com> Subject: Mt. Valley CUP Appeal Dana, please find attached a draft letter to be filed with the Court which concerns only the records before the Planning Commission. After you have signed the document just send it back to me. Thanks, Rick Rick D. Hogan, JD, MPH Deputy City Attorney Arkansas Bar 483084 OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201-1428 (T) (501) 371-6896 (direct) (F) (601] 371-4675 (M) (501) 413-0343 rhogan0littlerock.gov iciry 0f LITTLE ROCK This e-mail message is intended solely for the use of the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution of this email or attached document(s), or taking any action in reliance on the contents of this message or its attachments is strictly prohibited, and may be unlawful. If you have received this message in error, please (1) immediately notify me by reply email, (2) do not review, copy, save, forward, or print this email or any of its attachments, and (3) immediately delete and destroy this email, its attachments and all copies thereof. Unintended transmission does not constitute waiver of the attorney -client privilege or any other privilege. IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS FIFTH DIVISION LRG, LLC PLAINTIFF VS. NO. 60CV-17-2731 CITY OF LITTLE ROCK DEFENDANT CERTIFICATION OF RECORD BEFORE THE LITTLE ROCK PLANNING COMMISSION As Zoning and Subdivision Manager for the City of little Rock, I, Dana Carney, prepared the official record, including all documents and papers, presented before the Little Rock Planning Commission regarding the Mountain Valley Wastewater Treatment Plant Application for Conditional Use Permit ("CUP"). Attached are twelve separate electronic files consisting of 356 pages of documents and papers which made up the entire record presented to the Little Rock Planning Commission for consideration of the CUP. STATE OF ARKANSAS ) COUNTY OF PULASKI ) ram, LOU."- Dana Carney Zoning and Subdivision Manager Department of Planning and Development 723 W. Markham Street Little Rock, AR 72201 (501) 371-6817 .eqv S L v o -7 Date SUBSCRIBED AND SWORN to before me, the undersigned Notary Public on this day of August, 2017. Notary Public My Commission Expires: ELECTRONICALLY FILED Pulaski County Circuit Court Larry Crane, Circuit/County Clerk 2017-Jun-01 11:05:43 60CV-17-2731 IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKA- C06D05 : 2 Pages DIVISION LRG, LLC PLAINTIFF V. Case No. 60CV-17- CITY OF LITTLE ROCK DEFENDANT NOTICE OF APPEAL Notice is hereby given pursuant to Ark. Code Ann. § 14-56-525, and Little Rock Code § 36-109, that Plaintiff LRG, LLC, an Arkansas limited liability company, appeals the City of Little Rock's denial on May 2, 2017, of its application for a conditional use permit for the Mountain Valley Wastewater Treatment Plant, as a part of the planned Mountain Valley subdivision (File No. Z-8170-C). Dated this 1 St day of June, 2017. Respectfully submitted, Williams & Anderson PLC 11 l Center Street, Suite 2200 Little Rock, Arkansas 72201 (501) 372-0800 By: /s/ Allison R. Gladden Philip Kaplan (68026) 1pkaplan@.,,ivilliamsanderson.com Allison R. Gladden (2008205) aaladdenna williaimsanderson.com Attorneys for LRG, LLC CERTIFICATE OF SERVICE The foregoing document was filed with the Clerk of Court on June 1, 2017, via the AOC/eFlex electronic filing system, and was served by United States Mail, return receipt requested, on the following: Outline of Package Wastewater Treatment Plant: Winelco INC. I Environmental Contract... Page 1 of 5 I HOME COMPANY SERVICES CONTACT CAREERS LINKS WINELCQ IN Environmental Contractors (513)755-8059 Outline of Package Wastewater Treatment Plant What is a "package plant?" The term "package plant" originated from the fact that these types of treatment plants were constructed and assembled at a factory and then shipped and installed "pre -packaged" as a complete unit. They became popular during the 1960's and are still being installed today. Typically they were constructed of 1/4" plate steel and divided into several components. The components always included an aeration tank where most of the treatment occurs and a clarifier for settling. Some systems included a sludge waste compartment and chlorine contact tank. Package plant tanks would be shipped on a flat bed truck and off-loaded with a crane and set on a poured -in -place concrete slab. Several lengths of rebar would extend up through the slab which would be welded to the tank to prevent floatation. Another popular tank material is precast concrete. Precast systems can be a single tank divided into compartments or they can be modular for larger systems. Typical precast concrete tank dimensions are 6'-10" x 12'-10" or 7' x 15'. These tanks are cast at the concrete tank manufacturer facility and are shipped on a boom type truck for off-loading. The piping and equipment is generally installed at the installation site after the tanks have been set. What is an extended aeration treatment plant? Extended aeration is an aerobic treatment process where there is a lengthy detention time to oxidize the sewage. Typical detention time for the conventional aeration treatment process is 8 hours. Detention time for extended aeration is 24 hours. Extended air systems can effectively operate with detention times ranging from 12 to 48 hours. Extended aeration treatment is very thorough with nearly complete oxidation of the organic material taking place. If the system is properly designed nitrification also occurs in extended aeration systems. Extended aeration systems have a high sludge age and produce quantities of waste activated sludge which need to be removed on a regular basis. Most package treatment plants utilize the extended aeration treatment process. Back to Top How does sewage treatment take place in an extended aeration system? Extended aeration is a biological treatment process where microorganisms decompose sewage. There are five basic components necessary for the treatment process: 1. Water- provided by the facility generating the wastewater 2. Sewage- also provided by the facility; sewage is food for the microorganisms 3. Oxygen- oxygen is the energy source for the microorganisms to metabolize the sewage and convert the sewage to their own bodies and carbon dioxide 4. Microorganisms- these occur naturally in sewage and by the natural selection process certain organisms will thrive in an aeration tank 5. A tank or vessel to contain the above four components- tanks are the "home" or the habitat for the organisms to live in and a location where treatment takes place There must be a balance of the above 5 components in order for proper treatment to occur. The design of the system is critical to its performance and achieving the desired outcome of wastewater treatment. The microorganisms use sewage for food and oxygen supplied by the blower for energy. They will metabolize the http://www.winelco.com/C_Package_Plant_Outline.html 5/15/2017 Outline of Package Wastewater Treatment Plant: Winelco INC. I Environmental Contract... Page 2 of 5 sewage and oxygen and assimilate a portion of the sewage into their own bodies. They will reproduce more of themselves and provide inert, inoffensive by-products of carbon dioxide and water. The population of microorganisms will be controlled by the amount of food and air available, and the time available to use it. Too little or too much of any of these variables will upset the balance of the system and reduce the quality of the treatment. Back to Top What are some other major components in package plants? • Most systems have a trash trap ahead of them. The trash trap collects and settles out heavy material and holds back grease. Food service facilities should also have a grease interceptor ahead of the trash trap. Some larger systems have a grinder called a comminutor at the head of the systems in place of a trash trap. Some systems have grinder pumps at the head of the system, either in a lift station or flow equalization tank. • Flow equalization tanks are often utilized to reduce flow surges and peak flows. Extended aeration systems operate better when flows are low and constant versus having numerous high peaks throughout the course of the day. Flow equalization tanks pump the sewage to the aeration tank and usually have a means to regulate the forward flow rate. This may done with valves or a flow control box. • Sludge waste tanks are provided on larger systems to have a location to direct waste activated sludge to and to store it and concentrate it for later disposal by septic tank truck. All extended air systems need to waste sludge periodically. The frequency depends on the variables such as sewage strength, flow rates, detention times, etc. • Disinfection is generally needed in the summer months if there is a chance the public could come into contact with the treated effluent somewhere downstream. Chlorine is generally used as a disinfecting agent. Most systems use tablet type chlorine feed systems although liquid feed systems may also be used. In order to ensure the pathogenic organisms are destroyed, a 15 minute detention time is needed in a chlorine contact tank. Ultraviolet disinfection is also used to provide disinfection. Here, the treated effluent passes through a series of bulbs that produce light in a specific range of the ultraviolet wavelength. Contact with the ultraviolet light inactivates the ability of microorganisms to reproduce thereby rendering pathogenic organisms harmless. Most systems today are required to further refines the treatment process by installing a form of tertiary treatment after the secondary treatment process. A slow sand filter is considered tertiary treatment. A sand filter provides a safety net to catch any solids which may leave the secondary treatment plant. Effluent which has been filtered is very low in suspended solids, usually from 1mg/I to 12 mg/I. There is also some added benefit from a fixed film type treatment where under some circumstances organisms attach themselves to the sand particles and provide some additional oxidation and nitrification. The surface of a sand filter will eventually become coated with a layer of biosolids through which water can no longer penetrate. As this point is reached the filter should be taken off line and allowed to drain and dry out for cleaning. After it is dry the biomass forms a light crust which can be raked or shoveled off and disposed of in a dumpster where it will eventually be taken to an approved landfill facility. Weeds are sometimes a problem in sand filters and dormant filters may need to be covered with black plastic to kill weeds and seeds. • Flow is directed to the sand filter by dosing pumps which are located in the dosing tank. Dosing pumps help distribute the flow over the entire surface of the sand filter. If the sand filter is running particularly well the flow may percolate through the sand before it has a chance to spread out over the entire surface. This is OK, however it is believed that flooding the entire filter can help reduce keep weed growth during the growing season. Back to Top What are the mechanical components of package plants? http://www.winelco.com/C—Package Plant_Outline.html 5/15/2017 Outline of Package Wastewater Treatment Plant: Winelco INC. I Environmental Contract... Page 3 of 5 First and foremost is the motor and blower unit. The blower is the piece of equipment which provides air to the system and the motor drives the blower. There are electric controls which activate the motor/blower unit, usually through a timer. There may be a pumping station pumps ahead of the system if the sewer line reaches the treatment system at too low of an elevation. Pumps will also be present if the system has a flow equalization tank or a dosing tank. All pump systems have controls to turn them on and off. These are usually mercury level control floats which can be set at the desired "on" and "off" levels. Air is introduced into the aeration tank through pipes called air diffuser drops. These diffuser drops extend off of the air header pipe which originates at the blower. An air check valve is usually present at each blower to prevent any backflow of air. Hydraulic air lifts are used in the clarifier to provide return activated sludge to the aeration tank and to skim surface scum. The sludge return air lift must be clear and operating or the system will not operate properly. It is the second most important mechanical component in the system and it is totally critical to the plant operation. The skimmer air lift helps keep the clarifier surface clear and free of scum and light debris. Back to Top What should a properly operating system look like? An ideal looking extended aeration plant has a rich brown color in the aeration tank. The clarifier should have a very clear supernatant present with a visible sludge blanket under it. The supernatant depth can vary from 6" to 48". The depth of the supernatant will fluctuate during the course of a day depending on the flow rate. Higher flow rates will cause the sludge blanket to rise, reducing the depth of the supernatant. What does an improperly operating system look like? Signs of insufficient treatment are a cloudy looking effluent, suspended solids in the effluent or solids settling at the outfall, a "washed out" appearance in the aeration tank, a gray or black color in the aeration tank, or a foul odor. None of these conditions are present in a properly operating system. A general lack of housekeeping at the site may indicate a lack of attention to the system and improper treatment. General No two treatment plants look the same or operate the same. They come in all different sizes and configurations. The majority are capable of operating quite well most of the time. Extended aeration treatment plants will operate well if they are properly sized, are not subject to inflow and infiltration and most importantly are properly maintained. Some systems are constantly overloaded and never operate properly because they simply can't. Some systems could operate properly with the right attention. All systems experience upsets and routine malfunctions. These upsets and malfunctions need to be recognized and corrected immediately by the maintenance personnel or operator. All treatment systems need frequent inspections and maintenance by trained personnel. Operating and evaluating package plants is part science and part art. Time and experience with these systems ultimately is the best teacher. Back to Top Here is a typical steel package plant being lowered into the excavation. http://www.winelco.com/C—Package—Plant—Outline.html 5/15/2017 Outline of Package Wastewater Treatment Plant: Winelco INC. I Environmental Contract... Page 4 of 5 Here is an example of a precast concrete tank system. is a poured in place crete system. Click here for more on Winelco's Design Build_ Capabilities Contact: Mike Ullman Winelco Engineering (513) 755-8050 supportc0winelco.com Home I Company I Services I Contact I Careers I Links I Privacy I Site Mao http://www.winelco.com/C—Package—Plant—Outline.html 5/15/2017 Outline of Package Wastewater Treatment Plant: Winelco INC. I Envirorunental Contract... Page 5 of 5 © Winelco Inc. I Environmental Contractors (513)755-8050 6141 Centre Park Drive West Chester, Ohio 45069 http://www.winelco.com/C—Package—Plant—Outline.html 5/15/2017 TO: HONORABLE MAYOR AND BOARD OF DIRECTORS FROM: BRUCE T. MOORE, CITY MANAGER SUBJECT: WASTEWATER TREATMENT PLANT APPEAL (Z-8170-C) DATE: APRIL 12, 2017 The request was made at a Board of Directors meeting for staff to give notice to the neighbors and neighborhood associations located near the proposed wastewater treatment of the change of date for the appeal hearing, from May 16, 2017 to May 2, 2017. Staff reports that a total of twenty eight (28) notices were mailed to individuals and interested parties. If additional information is needed, please advise. 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 To: Interested Parties MEMORANDUM From: Department of Planning and Development Subject: Public hearing date regarding a Conditional Use Permit to allow a wastewater treatment plan on the property located at 25616 Highway 10 Date: April 10, 2017 The Board of Directors of the City of Little Rock have moved the date of the public hearing on a motion to rescind the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a wastewater treatment plant on the property located at 25616 Highway 10 from May 16, 2017 to May 2, 2017. The meeting will be held in the Board of Directors' Chamber located on the Second Floor of City Hall located at 500 West Markham Street, Little Rock. If you have any questions, please contact Tony Bozynski or Dana Carney of the Planning staff at 501-3 71-4790. George JJise Desmond and Carol Doris Sierra Club 23708 Pleasant Grove Road 1308 West 2°d Street Roland, AR 72135 Little Rock, AR 72201 Pamela and Mike McKinnis Gresham Barnes 27120 Twin Mountain Trail 17607 Burlingame Road Roland, AR 72135 Little Rock, AR 72223 Amy Sixbey Thaddeus Bartter 9525 Twin Mountain Lane 25 Livree Lane Roland, AR 72135 Little Rock, AR 72223 Amy and Mike Bailey Andreae Pitcock 3 Chenal Downs Blvd. 21001 Burlingame Road Little Rock, AR 72223 Little Rock, AR 72223 Janae Day Elizabeth Bobbitt 7800 Hood Road 8020 Hood Road Roland, AR 72135 Roland, AR 72135 Mary Baskin Drew Kelso 2 Live Oaks Court 4 Dressage Lane Little Rock, AR 72223 Little Rock, AR 72223 Ross Noland Sanford Tollette P.O. Box 251402 5512 Ferndale Cut-off Road Little Rock, AR 72225 Little Rock, AR 72223 Carol Young Mark Johnson 712 Ash 23616 Kanis Little Rock, AR 72207 Little Rock, AR 72223 Ruth Bell Steve Giles 7611 Briarwood 425 W. Capitol Ave., Suite 3200 Little Rock, AR 72205 Little Rock, AR 72201 Nowlin Creek Neighborhood Assoc. Attn: Dan Hedges 9225 Twin Mountain Lane Roland, AR 72135 Nicholas and Marcia Finn 10200 Twin Mountain Lane Roland, AR 72135 Larrie and Jo Ann Wortham 25624 Highway 10 Roland, AR 72135 Duong and Angela Nguyen 20 Livree Lane Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Mary Dornhoffer 6917 Westridge Road Roland, AR 72135 Michael Mitchell 1010 West 3rd Street P.O. Box 1510 Little Rock, AR 72203 Dr. Harold Hedges 8201 Hood Road Roland, AR 72135 Tom Frothingham 2207 Pleasant Grove Road Roland, AR 72135 Philip Kaplan 21 Montagne Court Little Rock, AR 72223 LRG LLC d/b/a LRG Investments P.O. Box 73670 Little Rock, AR 72221 Bozynski, Tony From: Nina L. Moler <nmoler@williamsanderson.com> Sent: Friday, April 28, 2017 5:04 PM To: Bozynski, Tony Cc: Philip E. Kaplan Subject: RE: FOIA Request Thank you very much. I'll make sure Phil sees this. From: Bozynski, Tony[mailto:TBozynski@littlerock.gov] Sent: Friday, April 28, 2017 5:02 PM To: Nina L. Moler Subject: RE: FOIA Request Ms. Nola, Following are Planning and Development's responses to the Mr. Kaplan's F01 request. No No Staff does not have the date of the meeting in question. Donna James and Dana Carney, Planning and Development and Bruce Moore, City Manager. Please let me know if you need anything else. Tony Bozynski Planning & Development City of Little Rock From: Nina L. Moler mailto:nmoler@williamsanderson.com] Sent: Wednesday, April 26, 2017 1:55 PM To: Bozynski, Tony <TBozynski@littlerock.goy-> Cc: Stodola, Mark <mstodola@llittlerock.#;ov>; rickferguson777@gmail.com; iwhite@whitedaters.com Subject: FOIA Request Attached is correspondence regarding a FOIA request from Phil Kaplan. Nina L. Moler, Legal Assistant Williams & Anderson PLC 111 Center Street, Ste. 2200 Little Rock, Arkansas 72201 (501) 396-8438 (501) 396-8538 (fax) CONFIDENTIALITY NOTICE - THIS ELECTRONIC MAIL TRANSMISSION AND ANY DOCUMENTS ACCOMPANYING IT CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US TO ARRANGE FOR THE RETURN OF THE MESSAGE AND ANY ATTACHED DOCUMENTS. THANK YOU. WILLIAMS & ANDERSON PLC SUITE 2200 111 CENTER STREET LITTLE ROCK, ARKANSAS 72201 PHILIP E. KAPLAN pkaplan@williamsanderson.com DIRECT DIAL (501)396-8432 April 26, 2017 Via Email Only Mr. Tony Bozynski Director Little Rock Planning Dept. 723 W. Markham Little Rock, AR 72201 tbozynski@littlBrock.govv Re: Freedom of Information Act Request Dear Tony: (501) 372-0800 TELECOPIER (501) 372-6453 With regard to the approximately 62 wastewater treatment plants (WWTP) in Pulaski County, please provide me with the following information: 1. With regard to those WWTPs which operate under a CUP, state whether the City of Little Rock has been informed at any time whether there has been any problem with any WWTP that has affected public health, safety, or welfare. Please designate which one. 2. With regard to those WWTPs which do not operate under a CUP, has the City of Little Rock been informed that there has been a problem with the WWTP with regard to any issue involving public health, safety, and welfare. Please designate which one. 3. What was the date on which members of the planning staff met with "individuals at the state level" with regard to the WWTP proposed for the Mountain Valley Wastewater Treatment Plant? With regard to the date of the meeting, state those members of the Planning Commission staff or from the City of Little Rock and who participated on behalf of the state, including their names and agency. Please supply any notes or memoranda concerning the meeting. I look forward to hearing from you within the statutory time. If you need to refer this to someone else at the city for a response, please do so forthwith. Sincerely, WILLIAMS & ANDERSON PLC Philip E. Kaplan PEK:nm cc: Mr. Rick Ferguson Mr. Joe White Mayor Mark Stodola Bozynski, Tony From: Nina L. Moler <nmoler@williamsanderson.com> Sent: Wednesday, April 26, 2017 1:55 PM To: Bozynski, Tony Cc: Stodola, Mark; rickferguson777@gmail.com;jwhite@whitedaters.com Subject: FOIA Request Attachments: Bozynski Letter 4.26.17.pdf Attached is correspondence regarding a FOIA request from Phil Kaplan. Nina L. Moler, Legal Assistant Williams & Anderson PLC 111 Center Street, Ste. 2200 Little Rock, Arkansas 72201 (501) 396-8438 (501) 396-8538 (fax) CONFIDENTIALITY NOTICE - THIS ELECTRONIC MAIL TRANSMISSION AND ANY DOCUMENTS ACCOMPANYING IT CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US TO ARRANGE FOR THE RETURN OF THE MESSAGE AND ANY ATTACHED DOCUMENTS. THANK YOU. Bozynski, Ton From: Sent: To: Subject: FYI Sent from my iPad Begin forwarded message: Director Adcock Friday, April 14, 2017 9:04 PM Jones, James E.; Bozynski, Tony; Carney, Dana Fwd: Flood and water ways pollution From: 'Bender, Larra" <lbenderna_.littlerock.g_oy> Date: April 14, 2017 at 8:28:57 AM CDT To: Director Adcock <diadcock c4comcast.net>, Director Fortson <genefortson r�7ie,comcast.net>, Director Hendrix cehendrix2644 att.net>, "Director Kumpuris" <kumpuris @windstream.net>, Director Peck <capi222glvbal.net�, Director Richardson cci directory otmail.com>, Vice Mayor Webb <kathywebb 14 @p--mail.com>, Director Wright cdirectorwright2657 car hotmail.com>, Director Wyrick <bjwyrickQcolncast.net>, "Richardson, Ken" <krichardson , ittlerapk.goy>, "Stodola, Mark" <mstodola(c_r7,littierock.gov>, Director Hines clancehines(@=e.c.om>, "Wright, Doris J." <djwrighfi{t ]ittlerock.goy> Subject: FW: Flood and water ways pollution Please see below. Thank you! LARRA BENDER I CITY MANAGER'S OFFICE I ADMINISTRATIVE t1 SSISTA T TO THE BOARD 1 O) 501-244- 5486 1 ') 5£}1-37t-4498 1 LBENDER%LITTI.EROCK.GOV From: Director Adcock Sent: Friday, April 14, 2017 8:18 AM To: Bender, Larra <ibender@littlerock.gov> Cc: Desmond Doris <Dosserdd@aol.com> Subject: Fwd: Flood and water ways pollution Please send this out to the Board of Directors. Thank you Sent from my iPad Begin forwarded message: From: Desmond Doris <Dosserdd rar aol.com> Date: April 14, 2017 at 7:54:34 AM CDT To: Joan Adcock <diadcock,@a comcast.net> Subject: Flood and water ways pollution Joan, I want to thank you again for taking my call last night, especially when you had such a long and stressful day on top of having laryngitis. I'm forwarding you a letter from an very well informed source within our citizens group that has direct points of discussion that needs to be addressed to protect members of the public living along these waterways. Many of our neighbors that live along the Nowlin Creek waterway and others have already experienced high levels of flood water that has come dangerously close to destroying their homes and in some cases damage has already occurred. Besides the issue of water contamination that most definitely be a factor for our situation living along Nowlin Creek, which is dry for almost half of the year, as you will see there is a second issue which has to do with flood runoff when these tracks of land, that at the moment help to absorb some of the flood water, but once these areas become concrete the impact of flooding homes is going to be much greater. Of course this issue is of little concern to the developers who are required to build flood ponds that in the real world have little value or impact on preventing Mother Nature from proving herself to be untamable. Below is an excerpt from the correspondence that I received yesterday and thought that it would have some interest to you to ensure that entities like the Corp of Engineers, who are not funded by cash rich developers, are included in proper planning of these pop up housing developments. As always thank you for your time and great work and genuine empathy for the people that you serve. Desmond Tom and Drew. In preparation for the upcoming joint meeting of the two neighborhood associations, I want some serious consideration given to urging our congressional delegation, county judge and city board members to get the Corps of Engineers involved in our water resources problems. I say this because many members of our association live along Little Maumelle, Kennerly, and Nowlin Creeks as well as tributaries thereto and will be affected by increased flood heights due to increased development. This is true even though developers may be required to build holding ponds to catch the 25 year flood. A flood that is a very frequently occurring flood and is a flood that can be caused by a rainfall of 1 " to 2" under the right conditions. To heighten my concern, the homes of the Hedges and Sixbey and possibly improvements of Frothingham are at prime elevations to be affected by increased flood heights along Nowlin Creek. There are significantly more that have homes along Little Maumelle Creek. Another tributary to the north of Nowlin Creek drains the impending development of Warren Stevens on the Delta Timber property. A property that is already platted and recorded. 2 While floodways and flood plains have been delineated, nothing has been established for the effects of future flood damage due to low or high density development. Another prime example of increased flood heights occurred on Fourche Creek. While the flood that cause that project to come to fruition ranged in the magnitude of a 100 to a 500 year flood, much flood damage had been sustained prior to that event. The other facet of such a study would be to make a determination of the assimilative capacity of these streams. In other words how much pollution can be dumped into these streams. I've been monitoring ADEQ and they have made no attempt at this kind of evaluation. It is also my understanding the Ferguson development is planning on drilling wells in an attempt to determine the amount of disposal of effluent underground can be made while dumping the remainder in the adjacent stream. The underlying strata in that area is the Atoka shale and that formation is not only deep but also has a slope. Therefore, disposal within that shale formation means any contamination entering it will flow in the direction of the downward slope contaminating any well field in its path. I don't see that as a solution for a small reduction in development density. The recent studies authorized by the City will not address any of the problems I've identified but will be helpful in a more comprehensive study. As I've said before, I'm more than willing to assist in the creation of language and letters that state our needs for a multipurpose water resources study by the Little Rock District Corps of Engineers. The time is now to make sure that our needs are contained in the next Federal Water Resources Development Act. OFFICE OF THE CITY ATTORNEY Little Rock, Arkansas MEMORANDUM TO: Director Lance Hines FROM: Thomas M. Carpent - � City Attorney RE: Questions Concerning Sewer Treatment Plants DATE: 28 April 2017 This memorandum is in response to the list of questions you have presented regarding sewer treatment plants. This office has communicated with the Little Rock Wastewater Utility and City staff concerning the list of questions. As a result of these communications, we have compiled the responses to these questions as follows: Referring to the attached list of sewer treatment plants, permitted by ADEQ to operate in Pulaski County, which are or where within the jurisdiction of the City of Little Rock? Which are within the corporate limits? Which are within the ETJ? Answer: Please see attached map. Pursuant to Wastewater staff, the sewer treatment plants permitted by ADEQ with an "Active" status which are within Little Rock City limits are: (1) Little Rock WWTP — Adams Field; (2) LR WWTP Fourche Creek; (3) Little Maumelle WWTP; and (4) Tony MA I-30 Pawn Sjop. The sewer treatment plants permitted by ADEQ with an "Active" status which are within the ETJ are: (1) Chris Jones; (2) Paul McDonald; (3) Blue Roof, LLC / Cornerstone Bldg; (4) Chad Jones; (5) Matt Johnston; (6) Scott Rypkema; (7) Peggy Powell; and (8) Dollar General. 2. Of the plants identified as in our jurisdiction, which ones have CUPS? Of the plants which do not have CUPs, which ones existed prior the land being either in the corporate limits or the ETJ? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: None to the first part of question number 2. Dana indicated that, upon reviewing the information provided by Wastewater in question number 1, since there is nothing to indicate when the sewer treatment plants were constructed, he did not have enough information to provide an answer to the second part of question number 2. 3. Of the plants identified as in our jurisdiction, did ADEQ contact the City prior to granting these permits? OFFICE OF THE CITY ATTORNEY Memorandum to Director Lance [lines Re: Questions Concerning Sewer Treatment Plants 28 April 2017: Page 2 of 4 Answer: Neither Staff nor Wastewater was able to determine if ADEQ contacted City prior to granting permits. 4. What were the last three or four sewer treatment plants permitted by the City as Conditional Use Permits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: That the only sewer treatment plant permitted by the City as a CUP was LRWU West Little Rock plant approved in 2006. Has the City taken any enforcement action regarding the treatment plants licensed by ADEQ and operating in the City's jurisdiction without Conditional Use Permits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: 6. Which parts of Chapter 36 - Zoning, does the City not enforce in the ETJ. Does the City enforce the regulations of the R-2 residential district the same in the ETJ as we do in the corporate limits? If there are differences, why? Answer: Dana Camy, Zoning and Subdivision Manager, Planning responded: That to the best of Planning's ability, it enforces all Chapter 36 codes in the ETJ. The enforcement of zoning regulations is the same whether you are in the City or in the ETJ. There are no differences in enforcement. T Chapter 36 also references and requires compliance with other ordinances including Chapter 6 and Chapter 27. Does the City enforce these ordinances in the ETJ? Answer: Cliff Sward, Deputy City Attorney responded: "This makes reference to Chapter 6 (Animals) of the Little Rock Code and will require some research. My first reaction is that we likely cannot enforce our animal ordinances except to the extent that the issue is one of zoning. For example, I'm not convinced we could enforce a prohibition on possession of pot-bellied pigs, except to the extent that a particular area was zoned in such a way as to prohibit agricultural operations, like pig farms. However, I'll need a little time to confirm whether this is the case." Off street parking is part of Chapter 36. Does the City enforce these zoning regulations in the ETJ like we do in the corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: Yes. The City enforces zoning regulations in the ETJ. OFFICE OF THE CITY ATTORNEY Memorandum to Director Lance Hines Re: Questions Concerning Sewer Treatment Plants 28 April 2017: Page 3 of 4 9. If an owner in the ETJ, in the AF zone constructs a barn, after we have included the land in our ETJ and zoned it, closer than 50 feet to their rear property line and it's brought to our attention, do we proceed just like the building setback violation was in the corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: Yes. Answer: Cliff Sward, Deputy City Attorney responded: There may be some differences in issuing and serving the citation, but the general process would remain the same. We can enforce our zoning ordinances in the ETJ. 10. In the ETJ, on property zoned R-2, what do we do when someone builds two residential structures on the same parcel? What do we do when they construct a quest house with full kitchen and bath facilities on the same lot or tract? When this is brought to the City's attention, do we proceed with enforcement in the ETJ just like we do in the Corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: Constructing two residences on one lot is a violation. The Planning Commission can approve a Conditional Use Permit to allow an accessory dwelling. When Planning becomes aware of a violation, its Code Officers proceed with enforcement in the ETJ just as within the City Limits. 11. What are the differences in how we apply and enforce the requirements of Chapter 31, our subdivision ordinance, in the ETJ and corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: There are no differences in enforcement. The standards can vary since some of the areas of our ETJ are not zoned so zoning standards may not apply the same in one area as in another. Answer: Cliff Sward, Deputy City Attorney responded: The subdivision ordinance would appear to fall squarely within our power to "adopt and enforce plans for the coordinated, adjusted, and harmonious development of the municipality and its environs." Ark. Code Ann. § 14-56-402. 12. What changes in staffing, if any, would we need make if we enforced the regulations in Chapter 36 uniformly in the ETJ and corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded; OFFICE OF THE CITY ATTORNEY Memorandum to Director Lance Hines Re: Questions Concerning Sewer Treatment Plants 28 April 2017: Page 4 of 4 Enforcement could be better accomplished with additional staff. Approval has been given to fill 2 vacant positions. 13. If after being included in the ETJ, a property owner begins a new use that does not conform, constructs a new building that does not conform, or expands an existing nonconforming use or structure, does after a period of time this new nonconforming use, construction or expansion become allowable? In other words, if we don't enforce our zoning regulations in the ETJ for a period of time, do we lose our ability to enforce? Answer: Cliff Sward, Deputy City Attorney responded: "I do not think that an existing nonconforming use would "become allowable" simply because of the passage of time. The Little Rock Code of Ordinances makes violations of the zoning code a misdemeanor, and most of the violations are continuing in nature, so I don't believe that the passage of time would make it permissible." Please let me know if you have any questions. Thank you. ArCUIS - ADEQ W W IF LIM!. •,Kock r. 1 rage 1 of 1 ADEQ WWTP Little Rock Wastewater treatment plants within Little Rock city limits or Extra Jurisdiction Territorial Boundary �r r '' Qfi15.1� �� SC )M'RYPKEMA MLLAR ''r ,a RNWELL f y MN�Mv► d kT rF E RC']i3[ M&VFPIAnAMS FIELD 4 � E { http://www.arcgis.com/home/webmap/print.html 4/27/2017 1. Referring to the attached list of sewer treatment plants, permitted by ADEQ to operate in Pulaski County, which are or where within the jurisdiction of the City of Little Rock? Which are within the corporate limits? Which are within the ETJ? Answer: Awaiting response. 2. Of the plants identified as in our jurisdiction, which ones have CUPs? Of the plants which do not have CUPS, which ones existed prior the land being either in the corporate limits or the ETJ? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: None. 3. Of the plants identified as in our jurisdiction, did ADEQ contact the City prior to granting these permits? Answer: Neither Staff nor Wastewater was able to determine if ADEQ contacted City prior to granting permits. 4. What were the last three or four sewer treatment plants permitted by the City as Conditional Use Permits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: That the only sewer treatment plant permitted by the City as a CUP was LRWU West Little Rock plant approved in 2006. 5. Has the City taken any enforcement action regarding the treatment plants licensed by ADEQ and operating in the City's jurisdiction without Conditional Use Permits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: 09 6. Which parts of Chapter 36 - Zoning, does the City not enforce in the ETJ. Does the City enforce the regulations of the R-2 residential district the same in the ETJ as we do in the corporate limits? If there are differences, why? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: That to the best of Planning's ability, it enforces all Chapter 36 codes in the ETJ. The enforcement of zoning regulations is the same whether you are in the City or in the ETJ. There are no differences in enforcement 7. Chapter 36 also references and requires compliance with other ordinances including Chapter 6 and Chapter 27. Does the City enforce these ordinances in the ETJ? Answer: Cliff Sward, Deputy City Attorney responded: "This makes reference to Chapter 6 (Animals) of the Little Rock Code and will require some research. My first reaction is that we likely cannot enforce our animal ordinances except to the extent that the issue is one of zoning. For example, I'm not convinced we could enforce a prohibition on possession of pot-bellied pigs, except to the extent that a particular area was zoned in such a way as to prohibit agricultural operations, like pig farms. However, I'll need a little time to confirm whether this is the case." 8. Off street parking is part of Chapter 36. Does the City enforce these zoning regulations in the ETJ like we do in the corporate limits? Answer: Dana Camy, Zoning and Subdivision Manager, Planning responded: Yes. The City enforces zoning regulations in the ETJ. 9. If an owner in the ETJ, in the AF zone constructs a barn, after we have included the land in our ETJ and zoned it, closer than 50 feet to their rear property line and it's brought to our attention, do we proceed just like the building setback violation was in the corporate limits? Answer: Dana Camy, Zoning and Subdivision Manager, Planning responded: Yes. Answer: Cliff Sward, Deputy City Attorney responded: There may be some differences in issuing and serving the citation, but the general process would remain the same. We can enforce our zoning ordinances in the ETJ. 10. In the ETJ, on property zoned R-2, what do we do when someone builds two residential structures on the same parcel? What do we do when they construct a quest house with full kitchen and bath facilities on the same lot or tract? When this is brought to the City's attention, do we proceed with enforcement in the ETJ just like we do in the Corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: Constructing two residences on one lot is a violation. The Planning Commission can approve a Conditional Use Permit to allow an accessory dwelling. When Planning becomes aware of a violation, its Code Officers proceed with enforcement in the ETJ just as within the City Limits. -2- 11, What are the differences in how we apply and enforce the requirements of Chapter 31, our subdivision ordinance, in the ETJ and corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: There are no differences in enforcement. The standards can vary since some of the areas of our ETJ are not zoned so zoning standards may not apply the same in one area as in another. Answer: Cliff Sward, Deputy City Attorney responded: The subdivision ordinance would appear to fall squarely within our power to "adopt and enforce plans for the coordinated, adjusted, and harmonious development of the municipality and its environs." Ark. Code Ann. § 14-56-402. 12. What changes in staffing, if any, would we need make if we enforced the regulations in Chapter 36 uniformly in the ETJ and corporate limits? Answer: Dana Carny, Zoning and Subdivision Manager, Planning responded: Enforcement could be better accomplished with additional staff. There are currently 5 Zoning/Sign/Subdivision Code Officers responsible for the 120 +/- square miles of corporate city limits and the 100 +/- square miles of ETJ. Approval has been given to fill 2 vacant positions. 13. If after being included in the ETJ, a property owner begins a new use that does not conform, constructs a new building that does not conform, or expands an existing nonconforming use or structure, does after a period of time this new nonconforming use, construction or expansion become allowable? In other words, if we don't enforce our zoning regulations in the ETJ for a period of time, do we lose our ability to enforce? Answer: Cliff Sward, Deputy City Attorney responded: ,,I do not think that an existing nonconforming use would "become allowable" simply because of the passage of time. The Little Rock Code of Ordinances makes violations of the zoning code a misdemeanor, and most of the violations are continuing in nature, so I don't believe that the passage of time would make it permissible." -3- 1. Referring to the attached list of sewer treatment plants, permitted by ADEQ to operate in Pulaski County, which are or where within the jurisdiction of the City of Little Rock? Which are within the corporate limits? Which are within the ETJ? 2. Of the plants identified as in our jurisdiction, which ones have CUPs? Of the plants which do not have CUPS, which ones existed prior the land being either in the corporate limits or the ETJ? 3. Of the plants identified as in our jurisdiction, did ADEQ contact the City prior to granting these permits? 4. What were the last three or four sewer treatment plants permitted by the City as Conditional Use Permits? 5. Has the City taken any enforcement action regarding the treatment plants licensed by ADEQ and operating in the City's jurisdiction without Conditional Use Permits? 6. Which parts of Chapter 36 — Zoning, does the City not enforce in the ETJ. Does the City enforce the regulations of the R-2 residential district the same in the ETJ as we do in the corporate limits? If there are differences, why? 7. Chapter 36 also references and requires compliance with other ordinances including Chapter 6 and Chapter 27. Does the City enforce these ordinances in the ETJ? 8. Off street parking is part of Chapter 36. Does the City enforce these zoning regulations in the ETJ like we do in the corporate limits? 9. If an owner in the ETJ, in the AF zone constructs a barn, after we have included the land in our ETJ and zoned it, closer than 50 feet to their rear property line and it's brought to our attention, do we proceed just like the building setback violation was in the corporate limits? 10. In the ETJ, on property zoned R-2, what do we do when someone builds two residential structures on the same parcel? What do we do when they construct a quest house with full kitchen and bath facilities on the same lot or tract? When this is brought to the City's attention, do we proceed with enforcement in the ETJ just like we do in the Corporate limits? 11. What are the differences in how we apply and enforce the requirements of Chapter 31, our subdivision ordinance, in the ETJ and corporate limits? 12. What changes in staffing, if any, would we need make if we enforced the regulations in Chapter 36 uniformly in the ETJ and corporate limits? 13. If after being included in the ETJ, a property owner begins a new use that does not conform, constructs a new building that does not conform, or expands an existing nonconforming use or structure, does after a period of time this new nonconforming use, construction or expansion become allowable? In other words, if we don't enforce our zoning regulations in the ETJ for a period of time, do we lose our ability to enforce? Carney, Dana From: Carney, Dana Sent: Wednesday, April 26, 2017 4:10 PM To: Overton, Shawn Subject: RE: Answers for Director Hines Shawn: 4. the only one was LRWU West Little Rock plant approved in 2006 5. no 6. to the best of our ability, we enforce all of chapter 36. Enforcement is the same, whether in the City or in the ETJ 7. 1 do not know about Chapter 6 (Animals). Chapter 27 no longer exists 8. Yes 9. yes 10.Constructing two residences on one lot is a violation. The planning commission can approve a conditional use permit to allow an accessory dwelling. When we become aware of a violation, we proceed with enforcement in the ETJ just as in the City limits 11. No difference in enforcement. The standards can vary since some areas of our ETJ are not zoned so zoning standards may not apply the same in one area as in another 12. Enforcement could be better accomplished with additional staff. There are currently 5 Zoning/Sign/Subdivision Code Officers responsible for the 120 +/- square miles of corporate city limits and the 100+/- square miles of ETJ. Approval has been given to fill 2 vacant position 13. City Attorney should answer From: Overton, Shawn Sent: Wednesday, April 26, 2017 2:05 PM To: Carney, Dana <DCarney@littlerock.gov> Subject: FW: Answers for Director Hines Dana, Please see the above attached questions that Director Hines has requested the City to answer by Friday. As we discussed on the phone some of these questions concern the Planning Department. If you could respond to those questions that fall within the realm of the Planning Department I would greatly appreciate it. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 Shawn Overton Deputy City Attorney (501) 371-4717 From: Overton, Shawn Sent: Wednesday, April 26, 2017 1:42 PM To: 'beckie.hunnicutt@lrwu.com'<beckie.hunnicutt@lrwu.com>; Carpenter, Tom <TCarpenter@littlerock.goy>; Mann, BIII <BMann@littlerock.go_y>; Carpenter, Beth <BCarpenter@littlerock.g,ov> Cc: Moore, Bruce <bruce@littlerock.gov>; 'lance@prioritylinc.com' dance@prioritylinc.com> Subject: FW: Answers for Director Hines Beckie, Here are the questions Director Hines had regarding the sewer treatment plants. Thank you for your assistance. Shawn Overton Deputy City Attorney (501) 371-4717 From: Carpenter, Tom Sent: Wednesday, April 26, 2017 1:22 PM To: Mann, Bill <BMann@littlerock.gov> Cc: Hines, Lance dhines@littlerock.gov>; Lance Hines (lance@prioritylinc.com) dance@prioritylinc.com>; Moore, Bruce <bruce@littlerock.gov> Subject: Answers for Director Hines Dear Bill, Attached is a list of questions that Director Hines needs answered by Friday. I think that DCA Shawn Overton and DCA Beth Carpenter should work together to get initial answers to these questions to us by tomorrow. It may be necessary to contract Wastewater for some of these answers as well as Public Works and Planning. THIS IS A RUSH/THERE ARE NO EXTENSIONS. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tcar enter littlerock. ow Carney, Dana From: Jean Block <Jean.Block@Irwu.com> Sent: Wednesday, April 26, 2017 3:08 PM To: Beckie Hunnicutt; Greg Ramon; John Jarratt; Howell Anderson; Carpenter, Tom; Mann, Bill; Carney, Dana; Carpenter, Beth; Sward, Cliff, Director Hines; Overton, Shawn Subject: RE: Answers for Director Hines Thanks, Lance. We'll work on 1-3 and send responses to Shawn by tomorrow. From: Beckie Hunnicutt Sent: Wednesday, April 26, 2017 3:04 PM To: Greg Ramon <Greg.Ramon @Irwu.com>; Jean Block <Jean.Block@lrwu.com>; John Jarratt <john.jarratt@lrwu.com>; Howell Anderson <howell.anderson@lrwu.com> Subject: FW: Answers for Director Hines From: Lance Hines [mailto:lance@priorit Inc.com] Sent: Wednesday, April 26, 2017 3:04 PM To: 'Overton, Shawn' <soverton@littlerock.gov>; Carpenter, Tom <TCarpenter@littlerock.gov>; Mann, Bill <BMann@Iittlerock.gov>; Carney, Dana <DCarney@little rack .gov>; Beckie Hunnicutt <beckie.hunnicutt@lrwu.com>; Carpenter, Beth <BCarpenterffi)littlerock._goy>; Sward, Cliff <csward littlerock. ov> Cc: Hines, Lance <Ihines@littlerock.gov>; Moore, Bruce <bruce@littlerock.gov> Subject: RE: Answers for Director Hines I do not think wastewater will be able to answer some of these in 1-5. They will only know about the ones within the city limits. Question 1-both wastewater and city staff should review and answer since it involves etj Question 2-both wasterwater and city staff should review since it involves CUP's Question 3-1 don't think wastewater will know if adeq contacted city staff since they required cups Question 4-this is only regarding CUP permitting of the last 3-4 wastewater plants. Wastewater had not jurisdiction. Planning more than likely Question 5-this is in regards to enforcement action against wastewater treatment plants in the etj and I don't think wastewater will have jurisdiction here either. priority Thanks for Your Business, Lance Hines Director of Sales and Business Development lance @ P riorityl i nc.com 888-569-8035(quotes) 501-374-5960(fax) 501-626-1793(cell) From: Overton, Shawn[mailto:sovertonCc)littleroc€c.gov] Sent: Wednesday, April 26, 2017 2:53 PM To: Carpenter, Tom; Mann, Bill; Carney, Dana; b ckie.hunnicutt lrwu.com; Carpenter, Beth; Sward, Cliff Cc: Hines, Lance; Lance Hines; Moore, Bruce Subject: RE: Answers for Director Hines All, I wanted to provide an update of Director Hines request. 1. Wastewater will be providing information regarding the sewer treatment plant questions 1 thru 5. Point of contact is Beckie Hunnicutt, 2. Cliff Sward is the City of Little Rock Environmental Court Prosecutor, and will be answering those questions regarding the enforceability of the zoning regulations within the ETJ. In addition, I am attaching the above memorandum that was prepared by Cliff, which discusses ETJ. Tom has approved for us to refer to document. 3. 1 have requested Dana Carney's assistance in regards to assisting us in understanding planning's role in the ETJ. Please note that everyone is aware of the necessity to get these questions answered by tomorrow. Therefore, If anyone has any questions or needs any additional information please contact me at 371-4717. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 From: Carpenter, Tom Sent: Wednesday, April 26, 2017 1:22 PM To: Mann, Bill <BMann@littlerock_gov> Cc: Hines, Lance <Ihines@littlerock.Rov>; Lance Hines (lance _ prioritylinc.com) dance@priority1inc.com>; Moore, Bruce <bruce@littlerock.gov> Subject: Answers for Director Hines Dear Bill, Attached is a list of questions that Director Hines needs answered by Friday. I think that DCA Shawn Overton and DCA Beth Carpenter should work together to get initial answers to these questions to us by tomorrow. It may be necessary to contract Wastewater for some of these answers as well as Public Works and Planning. THIS IS A RUSH/THERE ARE NO EXTENSIONS. Tom Thomas M. Carpenter OFFICE OF TFIE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tca rpertt a r@ f i tt l e ro c k. gov Carney, Dana From: Overton, Shawn Sent: Wednesday, April 26, 2017 2:53 PM To: Carpenter, Tom; Mann, Bill; Carney, Dana; beckie.hunnicutt@lrwu.com; Carpenter, Beth; Sward, Cliff Cc: Hines, Lance; Lance Hines (lance@priorityl inc.com); Moore, Bruce Subject: RE: Answers for Director Hines Attachments: Extraterritorial jurisdiction.docx 0 I wanted to provide an update of Director Hines request. 1. Wastewater will be providing information regarding the sewer treatment plant questions 1 thru 5. Point of contact is Beckie Hunnicutt, 2. Cliff Sward is the City of Little Rock Environmental Court Prosecutor, and will be answering those questions regarding the enforceability of the zoning regulations within the ETJ. In addition, I am attaching the above memorandum that was prepared by Cliff, which discusses ETJ. Tom has approved for us to refer to document. 3. 1 have requested Dana Carney's assistance in regards to assisting us in understanding planning's role in the ETJ. Please note that everyone is aware of the necessity to get these questions answered by tomorrow. Therefore, If anyone has any questions or needs any additional information please contact me at 371-4717. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 From: Carpenter, Tom Sent: Wednesday, April 26, 2017 1:22 PM To: Mann, Bill <BMann@littlerock.gov> Cc: Hines, Lance <Ihines@littlerock.gov>; Lance Hines (lance@prioritylinc.com) <lance@prioritylinc.com>; Moore, Bruce <bruce@littlerock.gov> Subject: Answers for Director Hines Dear Bill, Attached is a list of questions that Director Hines needs answered by Friday. I think that DCA Shawn Overton and DCA Beth Carpenter should work together to get initial answers to these questions to us by tomorrow. It may be necessary to contract Wastewater for some of these answers as well as Public Works and Planning. THIS IS A RUSH/THERE ARE NO EXTENSIONS. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tca rp e n to r@ I i the rock.go� Q OFFICE OF TIME CITE' ATTORNEY Little Rock, Arkansas Kris *UV [G]_tZ1\§ 12 NO TO: Lance Hines City of Little Rock Director FROM: Thomas M. Carpenter City Attorney By: D. Clifford Sward Deputy City Attorney RE: EXTRATERRITORIAL JURISDICTION DATE: 03 MARCH, 2017 Beginning on January 1, 2017, the Little Rock District Court has county -wide jurisdiction under the Arkansas Constitution, Amendment 80, § 7. Arkansas municipalities have jurisdiction to administer and enforce planning ordinances outside of their corporate boundaries for planning purposes under Ark. Code Ann. § 14-56-413(a)(2). The size of a city's territorial jurisdiction is directly related to its population: (a) one mile for cities from a population of 8,000 to a population of 60,000; (b) two miles for cities between 60,000 and 150,000 in population; and (c) three miles for cities with populations of 150,000 or greater. Ark. Code Ann. § 14-56-413 (West Supp. 2017). Unfortunately, precious few appellate cases exist under this statute, and none to clarify the meaning of the term "enforce." This office has reviewed the statutes and case law surrounding the City of Little Rock's extraterritorial planning jurisdiction to determine legal methods to enforce zoning provisions of the Little Rock Code in the City's planning jurisdiction outside of the corporate limits. Thus, the question addressed by this memorandum is: How can the City of Little Rock enforce its planning and zoning regulations outside its corporate limits? Logically, this question should be broken down into three discrete parts: (1) How should the City of Little Rock cause citations to be issued for violations of its planning ordinances in its territorial planning jurisdiction? (2) How should the City of Little Rock cause the aforementioned citations to be served in its territorial planning jurisdiction? (3) How have these cases been treated in other jurisdictions? Before answering the above questions, it is important to understand the overall statutory scheme for zoning in Arkansas. Cities have been given broad powers in zoning matters. Ark. Code Ann. § 14-56-402 allows cities to "adopt and enforce plans for the coordinated, adjusted, OEEICE OF THE CITY ATTORNEY Memorandum to Lance Hines, City of Little Rock Director From Thomas M. Carpenter, City Attorney Re: Extraterritorial Jurisdiction March 3, 2017 and harmonious development of the municipality and its environs." Ark. Code Ann. § 14-56-402 (West 2004) (emphasis supplied), and Subchapter 56 of Title 14, which contains the zoning laws, "shall be construed liberally." Ark. Code Ann. § 14-56-401 (West 2004). Additionally, the "plans of the municipality shall be prepared in order to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity and general welfare of the citizens." Ark. Code Ann. § 14-56-403 (West 2004) (emphasis supplied). Such plans "may provide, among other things: (1) Efficiency and economy in the process of development; (2) The appropriate and best use of land; (3) Convenience of traffic and circulation of people and goods; (4) Safety from fire and other dangers; (5) Adequate light and air in the use and occupancy of buildings; (6) Healthful and convenient distribution of population; (7) Good civic design and arrangement; (8) Adequate public utilities and facilities; and (9) Wise and efficient expenditure of funds." Ark. Code Ann. § 14-56-403.. Clearly, these items address much more than simply nuisance, sanitation or health issues. In fact, within Subchapter 56 of Title 14 of the Arkansas Code, a planning commission is specifically authorized to develop and administer plans which include, but are not limited to: (a) access to lots and parcels; (b) the extension or provision of utilities; (c) the subdivision of land into lots and blocks; and (d) the parceling of land resulting in the need for access and utilities. Arkansas Code Annotated § 14-56-413 states that "[i]n addition to the powers under this subchapter, cities now having eight thousand (8,000) population or more shall have the authority to administer and enforce planning ordinances outside their corporate limits," with the limit running out to three miles from the corporate borders for the City of Little Rock. Id. This section does not specify who may issue the citation. However, the Little Rock Code specifies that violations of the zoning code are to be treated as misdemeanors. Little Rock, Ark., Rev. Code ("LRC") (1988), § 364(a). Accordingly, it is fair to say that municipalities in Arkansas have been granted the power to attend, not only to those matters within their boundaries, but those things which may come within their boundaries through municipal growth. Question No. 1: The issuance of citations: Generally speaking, the Arkansas Rules of Criminal Procedure authorize a law enforcement officer in the field, acting without a warrant, who has reasonable cause to believe that a person has committed any misdemeanor to issue a citation in lieu of arrest or continued custody. Ark. R. Crim. P. 5.2. The Little Rock Code allows "[t]he city manager or his designated representative" to issue citations for alleged ordinance violations, but must designate in writing who said representatives are. LRC § 2-114. Under Arkansas law, there are a handful of circumstances in which a law enforcement officer may issue a citation outside of this territorial jurisdiction. Few of these will ever apply to a zoning officer seeking to enforce the City's zoning code outside of the city limits. However, when a foreign jurisdiction, like Pulaski County, requests that officers come into the jurisdiction and the officer's employing agency has a written policy regulating his or her conduct outside of the home jurisdiction, then the officer may issue citations outside of his territorial jurisdiction under Ark. Code Ann. § 16-81-106(c)(3)-(4). Thus, if (1) an agreement can be reached by which Pulaski OFFICE OF THE CITY ATTORNEY Memorandum to Lance Hines, City of Little Rock Director From Thomas M. Carpenter, City Attorney Re: Extraterritorial Jurisdiction March 3, 2017 County requests the assistance of our zoning officers in handling zoning issues; and (2) the Little Rock Department of Zoning and Planning implements a written policy governing the conduct of its officers while operating in Pulaski County, then the zoning officers should be able to issue citations out in the county. Question No. 2: Service of citations: Service of the citation is actually quite simple: "Criminal summons may be served by: (a) any method prescribed for personal service of civil process; or (b) certified mail, for delivery to addressee only with return receipt requested." Ark. R. Crim. P. 6.3 (West). Accordingly, we can turn to Ark. R. Civ. P. 4 for service. According to that Rule, service of a summons may be made by: (1) a sheriff of the county where the service is to be made, or his or her deputy, unless the sheriff is a party to the action; (2) a properly authorized process server; (3) by mail; or (4) by warning order. Ark. R. Civ. P. 4 (West). Question 3: Treatment of extraterritorial zoning issues in other 'urisdictions: Case law on zoning citations issued outside the corporate limits of a municipality is sparse. As a practical matter, it is simply uncommon for alleged violators to appeal zoning violation cases to a level at which an appellate opinion may be written. The bulk of the case law across the country that touches on this issue also involves questions of either annexation or rezoning, which bring a different body of laws to bear on the issue. However, the issue of enforcing a municipality's zoning regulations outside the corporate limits of said city, has been addressed by a handful of state supreme courts. For example, in Roberson v. City of Montgomery, 285 Ala. 421 (1970), the city of Montgomery, Alabama, filed an action in equity "asking the court to enjoin respondents from operating automobile junk yards in two separate locations on the ground that such operations constituted `public nuisances' and that such operations violated city zoning ordinances. It was stipulated that both operations were located on land outside the corporate limits of Montgomery but within its police jurisdiction." 285 Ala. At 422. The "trial court found that the operation of the junk yards constituted public nuisances and that the city was entitled to enforce its zoning ordinances outside its corporate limits." Id. The Alabama Supreme Court reversed, finding that the enabling state statutes did not confer a right to enforce city zoning laws outside of the city. However, the Alabama statute in question provided that every municipal corporation had the right to "divide the territory within its corporate limits into business, industrial, and residential zones or districts and may provide the kind, character and use of structures, and improvements that may be erected or made within the several zones or districts established and may, from time to time, rearrange or alter the boundaries of such zones or districts and may also adopt such ordinances as necessary to carry into effect and make effective the provisions of this article." Id., at 423. The Alabama Supreme Court noted that Alabama statutes granted the City of Montgomery the power to enforce police or sanitary regulations within three miles of the corporate boundaries, that power did not encompass zoning regulations as contemplated by the statue quoted above. OFFICE OF THE CITY ATTORNEY Memorandum to Lance Hines, City of Little Rock Director From Thomas M. Carpenter, City Attorney Re: Extraterritorial Jurisdiction March 3, 2017 By comparison, the overarching statutory scheme in Arkansas encompasses zoning. Ark. Code Ann. § 14-56-402 allows cities to "adopt and enforce plans for the coordinated, adjusted, and harmonious development of the municipality and its environs." Ark. Code Ann. § 14-56-402, and the subchapter "shall be construed liberally." Ark. Code Ann. § 14-56-401. While there are cases in which a city's efforts to regulate beyond its bound has been successfully challenged, such challenges have usually been more to the underlying grant of authority by the state legislature than anything else. The case of Roberson, supra, illustrates this point in that the challenge was more a matter of whether City of Montgomery had exceeded its statutory authority. The General Assembly of the State of Arkansas has granted municipalities and their planning boards broader powers to regulate beyond the city limits than the State of Alabama had granted to its cities. TMC:DCS:dab cc: Mark Stodola, Mayor Little Rock Board of Directors Bruce Moore, City Manager James Jones, Assistant City Manager Tony Bozynski, Director of Planning and Development Victor Turner, Director of Housing and Neighborhood Programs William C. Mann, III, Chief Deputy City Attorney Adam Fogleman, County Attorney Van McClendon, Director of Pulaski County Planning and Development Carney, Dana From: Jean Block <Jean.Block@lrwu.com> Sent: Wednesday, April 26, 2017 4:47 PM To: Carpenter, Tom; Mann, Bill; Moore, Bruce; Carney, Dana; Carpenter, Beth; Sward, Cliff; Director Hines; Overton, Shawn; Greg Ramon; John Jarratt; Howell Anderson; Beckie Hunnicutt Subject: RE: Answers for Director Hines em Greg, John and I have reviewed questions 1-3 as well as the document that is referenced in Question 1 as "the attached list of sewer treatment plants." Based on our review, the list appears to be of lift stations not sewer treatment plants. Furthermore, the list only contains the City and county of the lift station. And, the only physical address provided — when one is provided - is that of the Permitee — which may or may not coincide with the lift station's location (for example, some of the addresses are in California). For this reason, we are unable to answer question 1. Regarding question 2, LRW does not know which stations have CUPS. ADEQ or perhaps the Planning Commission would know the answer to this. Finally, for question 3, LRW has no knowledge of whether ADEQ contacted the City prior to granting a CUP. I'm sorry that we could not be more helpful. Please let us know if there's anything else we can do on this. Jean C. Block Chief Legal Officer Little Rock Wastewater 11 Clearwater Drive Little Rock, AR 72204 501.688.1408 Direct 501.588.0822 Fax From: Jean Block Sent: Wednesday, April 26, 2017 3:08 PM To: Beckie Hunnicutt <beckie.hunnicutt@lrwu.com>; Greg Ramon <Greg.Ramon@lrwu.com>; John Jarratt <john.jarratt@lrwu.com>; Howell Anderson <howell.anderson@lrwu.com>; 'Carpenter, Tom' <TCa rpente r@ little rock.gov>; 'Mann, Bill' <BMann@littlerock.gov>;'dcarney@littlerock.gov' <dcarney@little rock.gov>; 'bcarpenter@littlerock.gov' <bcarpenter@littlerock.gov>;'Sward, Cliff' <cswa rd @ littlerock.gov>; Lance Hines (lancehines@me.com) <lancehines@me.com>;'soverton@littlerock.gov' <soverton@littlerock.gov> Subject: RE: Answers for Director Hines Thanks, Lance. We'll work on 1-3 and send responses to Shawn by tomorrow. From: Beckie Hunnicutt Sent: Wednesday, April 26, 2017 3:04 PM To: Greg Ramon <Gre .Ramon@Irwu.com>; Jean Block <Jean.Block lrwu.com>; John Jarratt <iohn.iarratt@Irwu.cam>; Howell Anderson <howell.a_nderson@ lrwu.com> Subject: FW: Answers for Director Hines From: Lance Hines [mailto:lance@oriori 1incc.com] Sent: Wednesday, April 26, 2017 3:04 PM To: 'Overton, Shawn' <soverton fflittlerock. ov>; Carpenter, Tom <TCarpenter@littlerock.gov>; Mann, Bill <BMann@littlerock.gov>; Carney, Dana <DCarney@littlerock.gov>; Beckie Hunnicutt <beckie.hunnicutt lrwu.com>; Carpenter, Beth <BCarpenter Iittlerock.Poy>; Sward, Cliff <csward@littlerock.gov> Cc: Hines, Lance <Ihines@littlerock.go>; Moore, Bruce <bruce@littler_ock�ov> Subject: RE: Answers for Director Hines I do not think wastewater will be able to answer some of these in 1-5. They will only know about the ones within the city limits. Question 1-both wastewater and city staff should review and answer since it involves etj Question 2-both wasterwater and city staff should review since it involves CUP's Question 3-1 don't think wastewater will know if adeq contacted city staff since they required cups Question 4-this is only regarding CUP permitting of the last 3-4 wastewater plants. Wastewater had not jurisdiction. Planning more than likely Question 5-this is in regards to enforcement action against wastewater treatment plants in the etj and I don't think wastewater will have jurisdiction here either. priority Thanks for Your Business, Lance Hines Director of Sales and Business Development lance@prioritVIinc.com 888-569-8035(quotes) 501-374-5960(fax) 501-626-1793(cell) From: Overton, Shawn [mailto:soverton@littlerock.nov] Sent: Wednesday, April 26, 2017 2:53 PM To: Carpenter, Tom; Mann, Bill; Carney, Dana; beckie.hunnicutt0irwu.com; Carpenter, Beth; Sward, Cliff Cc: Hines, Lance; Lance Hines; Moore, Bruce Subject: RE: Answers for Director Hines 0 I wanted to provide an update of Director Hines request. Wastewater will be providing information regarding the sewer treatment plant questions 1 thru 5. Point of contact is Beckie Hunnicutt, Cliff Sward is the City of Little Rock Environmental Court Prosecutor, and will be answering those questions regarding the enforceability of the zoning regulations within the ETJ. In addition, I am attaching the above memorandum that was prepared by Cliff, which discusses ETJ. Tom has approved for us to refer to document. I have requested Dana Carney's assistance in regards to assisting us in understanding planning's role in the ETJ. Please note that everyone is aware of the necessity to get these questions answered by tomorrow. Therefore, If anyone has any questions or needs any additional information please contact me at 371-4717. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 From: Carpenter, Tom Sent: Wednesday, April 26, 2017 1:22 PM To: Mann, Bill <8Mann @littlerock.gov> Cc: Hines, Lance <Ihines@littlerock.gov>; Lance Hines (lance@Qrioritylinc.com) <lance@priority linc.com>; Moore, Bruce <bruce@littlerock.gov> Subject: Answers for Director Hines Dear Bill, Attached is a list of questions that Director Hines needs answered by Friday. I think that DCA Shawn Overton and DCA Beth Carpenter should work together to get initial answers to these questions to us by tomorrow. It may be necessary to contract Wastewater for some of these answers as well as Public Works and Planning. THIS IS A RUSH/THERE ARE NO EXTENSIONS. Tom Thomas M. Carpenter OFFICE OF TIME CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tcarpenter@littlerock.gov Carney, Dana From: Carney, Dana Sent: Thursday, April 27, 2017 7:47 AM To: Overton, Shawn; Jean.Block@lrwu.com Subject: RE: Answers for Director Hines We talked this morning and cannot think of any From: Overton, Shawn Sent: Wednesday, April 26, 2017 4:57 PM To: Carney, Dana <DCarney@littlerock.gov>; Jean.Block@Irwu.com Subject: FW: Answers for Director Hines Dana, Can you identify which sewer treatment plants within our jurisdiction have CUP's. Please see question 2. Little Rock Watewater does not know which plants have Conditional Use Permits. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 From: Jean Block [mailto:Jean.Block@Irwu.com] Sent: Wednesday, April 26, 2017 4:47 PM To: Carpenter, Tom <TCarpenter@littlerock.,goy>; Mann, Bill <BMann@littlerock.gov>; Moore, Bruce <bruce@littlerock.gov>; Carney, Dana <DCarney@littlerock.goy>; Carpenter, Beth <BCarpenter@littlerock.gay>; Sward, Cliff <csward@iittlerock.Rov>; Director Hines <lancehines me.com>; Overton, Shawn <soverton@littlerock.gov>; Greg Ramon <Greg.Ramon@Irwu.com>; John Jarratt <john.iarratt@]rwu.com>; Howell Anderson <howell.anderson@]rwu.com>; Beckie Hunnicutt <beckie.hunnicutt@irwu.com> Subject: RE: Answers for Director Hines sm Greg, John and I have reviewed questions 1-3 as well as the document that is referenced in Question 1 as "the attached list of sewer treatment plants." Based on our review, the list appears to be of lift stations not sewer treatment plants. Furthermore, the list only contains the City and county of the lift station. And, the only physical address provided — when one is provided - is that of the Permitee — which may or may not coincide with the lift station's location (for example, some of the addresses are in California). For this reason, we are unable to answer question 1. Regarding question 2, LRW does not know which stations have CUPS. ADEQ or perhaps the Planning Commission would know the answer to this. Finally, for question 3, LRW has no knowledge of whether ADEQ contacted the City prior to granting a CUP. I'm sorry that we could not be more helpful. Please let us know if there's anything else we can do on this. Jean C. Block Chief Legal Officer Little Rock Wastewater 11 Clearwater Drive Little Rock, AR 72204 501.688.1408 Direct 501.588.0822 Fax From: Jean Block Sent: Wednesday, April 26, 2017 3:08 PM To: Beckie Hunnicutt <beckie.hunnicutt@Irwu.com>; Greg Ramon <Gre .Ramon lrwu.com>; John Jarratt <iohn.iarratt@Irwu.com>; Howell Anderson<howell.anderson@lrwu.com>;'Carpenter, Tom' <TCarpenter@littlerock.Rov>;'Mann, Bill' <BMann@littlerock.gov>;'dcarney@littlerock.gov' <dcarney@litt_I_erock.goy>; 'bcarpenter@littlerock.gov' <bcar enter littlerock. ov>;'Sward, Cliff <csward@littlerock.g >; Lance Hines (lance hines@me.com)<lancehines@me.com>;'soverton@littlerock.gov' <sovertoniittlerock.gov> Subject: RE: Answers for Director Hines Thanks, Lance. We'll work on 1-3 and send responses to Shawn by tomorrow. From: Beckie Hunnicutt Sent: Wednesday, April 26, 2017 3:04 PM To: Greg Ramon <Greg.Ramon@Irwu.com>; Jean Block <Jean.Block@Irwu.com>; John Jarratt <johnJarratt@Irwu.com>; Howell Anderson <howeli.anderson@lrwu.com> Subject: FW: Answers for Director Hines From: Lance Hines [mailto:lance@prioritylinc_com] Sent: Wednesday, April 26, 2017 3:04 PM To: 'Overton, Shawn' <soverton@Iittlerock.eov>; Carpenter, Tom <TCarpenter@littlerock.gov>; Mann, Bill <BMann@Iittlerock.gov>; Carney, Dana <DCarney@littlerock.gov>; Beckie Hunnicutt <beckie.hunnicutt Irwu.com>; Carpenter, Beth <BCarpenter@littlerock.gov>; Sward, Cliff <csward littlerock. ov> Cc: Hines, Lance <lhines@littlerock.gov>; Moore, Bruce <bruce@littlerock.gov> Subject: RE: Answers for Director Hines I do not think wastewater will be able to answer some of these in 1-5. They will only know about the ones within the city limits. Question 1-both wastewater and city staff should review and answer since it involves etj Question 2-both wasterwater and city staff should review since it involves CUP's Question 3-1 don't think wastewater will know if adeq contacted city staff since they required cups Question 4-this is only regarding CUP permitting of the last 3-4 wastewater plants. Wastewater had not jurisdiction. Planning more than likely Question 5-this is in regards to enforcement action against wastewater treatment plants in the etj and I don't think wastewater will have jurisdiction here either. priority, Thanks for Your Business, Lance Hines Director of Sales and Business Development lance prioritylinc.com 888-569-8035(quotes) 501-374-5960(fax) 501-626-1793(cell) From: Overton, Shawn [mailtg:soverton@littlerock.Qov] Sent: Wednesday, April 26, 2017 2:53 PM To: Carpenter, Tom; Mann, Bill; Carney, Dana; beckie.hunnicutt Irwu.com; Carpenter, Beth; Sward, Cliff Cc: Hines, Lance; Lance Hines; Moore, Bruce Subject: RE: Answers for Director Hines All, I wanted to provide an update of Director Hines request. Wastewater will be providing information regarding the sewer treatment plant questions 1 thru 5. Point of contact is Beckie Hunnicutt, 2. Cliff Sward is the City of Little Rock Environmental Court Prosecutor, and will be answering those questions regarding the enforceability of the zoning regulations within the ETJ. In addition, I am attaching the above memorandum that was prepared by Cliff, which discusses ETJ. Tom has approved for us to refer to document. 3. 1 have requested Dana Carney's assistance in regards to assisting us in understanding planning's role in the ETJ. Please note that everyone is aware of the necessity to get these questions answered by tomorrow. Therefore, If anyone has any questions or needs any additional information please contact me at 371-4717. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 From: Carpenter, Tom Sent: Wednesday, April 26, 2017 1:22 PM To: Mann, Bill <BMann@littlerock_gov> Cc: Hines, Lance <Ihines@littlerock.gov>; Lance Hines (lance@r)rioritylinc.com) <lance riorit 1inc.com>; Moore, Bruce <bruce@iittlerock.eov> Subject: Answers for Director Hines Dear Bill, Attached is a list of questions that Director Hines needs answered by Friday. I think that DCA Shawn Overton and DCA Beth Carpenter should work together to get initial answers to these questions to us by tomorrow. It may be necessary to contract Wastewater for some of these answers as well as Public Works and Planning. THIS IS A RUSH/THERE ARE NO EXTENSIONS. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tca roente r@ I ittle rock.eov Carney, Dana From: Carney, Dana Sent: Thursday, April 27, 2017 7:49 AM To: Overton, Shawn; 'Jean.Block@Irwu.com' Subject: RE: Answers for Director Hines By "jurisdiction" you meant ETJ, not in the City right? From: Carney, Dana Sent: Thursday, April 27, 2017 7:47 AM To: Overton, Shawn <soverton@littlerock.gov>; Jean.Block@Irwu.com Subject: RE: Answers for Director Hines We talked this morning and cannot think of any From: Overton, Shawn Sent: Wednesday, April 26, 2017 4:57 PM To: Carney, Dana <DCarney@littlerock.gov>; Jean.Block@Irwu.com Subject: FW: Answers for Director Hines Dana, Can you identify which sewer treatment plants within our jurisdiction have CUP'S. Please see question 2. Little Rock Watewater does not know which plants have Conditional Use Permits. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 From: Jean Block [ma i€to:Jean.Block @Irwu.com] Sent: Wednesday, April 26, 2017 4:47 PM To: Carpenter, Tom <TCarpenter@littlerock.gov>; Mann, Bill <BMann@littlerock.gov>; Moore, Bruce <bruce@littlerock.gov>; Carney, Dana <DCarnev@€ittlerock.gov>; Carpenter, Beth <BCarpenter@littlerock.Rov>; Sward, Cliff <csward@littlerock.g_ov>; Director Hines <lancehines@me.com>; Overton, Shawn <soverton@littlerock.Pov>; Greg Ramon <Gr_eg.Ramon@Irwu.com>; John Jarratt <iohn.iarratt@lrwu.com>; Howell Anderson <howell.anderson@Irwu.com>; Beckie Hunnicutt <beckie.hunnicutt@lrwu.com> Subject: RE: Answers for Director Hines All — Greg, John and I have reviewed questions 1-3 as well as the document that is referenced in Question 1 as "the attached list of sewer treatment plants." Based on our review, the list appears to be of lift stations not sewer treatment plants. Furthermore, the list only contains the City and county of the lift station. And, the only physical address provided — when one is provided - is that of the Permitee — which may or may not coincide with the lift station's location (for example, some of the addresses are in California). For this reason, we are unable to answer question 1. Regarding question 2, LRW does not know which stations have CUPS. ADEQ or perhaps the Planning Commission would know the answer to this. Finally, for question 3, LRW has no knowledge of whether ADEQ contacted the City prior to granting a CUP. I'm sorry that we could not be more helpful. Please let us know if there's anything else we can do on this. Jean C. Block Chief Legal Officer Little Rock Wastewater 11 Clearwater Drive Little Rock, AR 72204 501.688.1408 Direct 501.588.0822 Fax From: Jean Block Sent: Wednesday, April 26, 2017 3:08 PM To: Beckie Hunnicutt <beckie.hunnicutt@Irwu.com>; Greg Ramon <Greg.Ramon@lrwu.com>; John Jarratt <iohn.iarratt@lrwu.com>; Howell Anderson <howeII.anderson@Irwu.com>;'Carpenter, Tom' <TCarpenter@littlerock.gov>; 'Mann, Bill' <BMann@littlerock.gou>; 'dcarney@littlerock.gov' <dcarney@littlerock.gov>; 'bcarpenter@littlerock.gov' <bcarpenter@Iittlerock.gov>;'Sward, Cliff' <csward@ittlerock.gov>; Lance Hines (lancehines@me.com) <lancehines@me.com>;'soverton@littlerock.gov' <sovertonglittlerock.gov> Subject: RE: Answers for Director Hines Thanks, Lance. We'll work on 1-3 and send responses to Shawn by tomorrow. From: Beckie Hunnicutt Sent: Wednesday, April 26, 2017 3:04 PM To: Greg Ramon <Greg.Ramon@lrwu.com>; Jean Block <Jean.Blo_ck_ @lrwu.com>; John Jarratt <iohn.larratt@lrwu.com>; Howell Anderson <howell.anderson@lrwu.com> Subject: FW: Answers for Director Hines From: Lance Hines fmailto:lance@prioritylinc.com] Sent: Wednesday, April 26, 2017 3:04 PM To: 'Overton, Shawn' <soverton@littlerock.Rov>; Carpenter, Tom <TCar enter iittlerock. ov>; Mann, Bill <BMann@littlerock.gov>; Carney, Dana <DCarngy- little rock.gov>; Beckie Hunnicutt <beckie.hunnicutt0rwu.com>; Carpenter, Beth <BCaripe nter@Iittlerock.gou>; Sward, Cliff <csward littlerock. ov> Cc: Hines, Lance <Ihines@littlerock.gov>; Moore, Bruce <brucef]littlerock.eov> Subject: RE: Answers for Director Hines I do not think wastewater will be able to answer some of these in 1-5. They will only know about the ones within the city limits. Question 1-both wastewater and city staff should review and answer since it involves etj Question 2-both wasterwater and city staff should review since it involves CUP's Question 3-1 don't think wastewater will know if adeq contacted city staff since they required cups Question 4-this is only regarding CUP permitting of the last 3-4 wastewater plants. Wastewater had not jurisdiction. Planning more than likely Question 5-this is in regards to enforcement action against wastewater treatment plants in the etj and I don't think wastewater will have jurisdiction here either. 1 ;J•s,+�. Thanks for Your Business, Lance Hines Director of Sales and Business Development lance @ orio rityli nc.corn 888-569-8035(q uotes) 501-374-5960(fax) 501-626-1793(cell) From: Overton, Shawn[mailto:soverton@littlerock.ov] Sent: Wednesday, April 26, 2017 2:53 PM To: Carpenter, Tom; Mann, Bill; Carney, Dana; beckie.hunnicutt(dlrwu.com; Carpenter, Beth; Sward, Cliff Cc: Hines, Lance; Lance Hines; Moore, Bruce Subject: RE: Answers for Director Hines All, I wanted to provide an update of Director Hines request. Wastewater will be providing information regarding the sewer treatment plant questions 1 thru 5. Point of contact is Beckie Hunnicutt, Cliff Sward is the City of Little Rock Environmental Court Prosecutor, and will be answering those questions regarding the enforceability of the zoning regulations within the ETJ. In addition, I am attaching the above memorandum that was prepared by Cliff, which discusses ETJ. Tom has approved for us to refer to document. I have requested Dana Carney's assistance in regards to assisting us in understanding planning's role in the ETJ. Please note that everyone is aware of the necessity to get these questions answered by tomorrow. Therefore, If anyone has any questions or needs any additional information please contact me at 371-4717. Thanks. Shawn Overton Deputy City Attorney (501) 371-4717 From: Carpenter, Tom Sent: Wednesday, April 26, 2017 1:22 PM To: Mann, Bill <BMann littlerock. ov> Cc: Hines, Lance <Ihines littlerock. ov>; Lance Hines (lance@orioritylinc.com) <lance@prioritylinc.com>; Moore, Bruce <bruce@littlerock.gov> Subject: Answers for Director Hines Dear Bill, Attached is a list of questions that Director Hines needs answered by Friday. I think that DCA Shawn Overton and DCA Beth Carpenter should work together to get initial answers to these questions to us by tomorrow. It may be necessary to contract Wastewater for some of these answers as well as Public Works and Planning. THIS IS A RUSH/THERE ARE NO EXTENSIONS. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tcarpe n to r@I i tt I era ck.gov 4 AGENDA Board of Directors Meeting City of Little Rock Mission Statement Little Rock's vision is to be a leading city of the 215t Century by providing a safe and supportive environment that empowers its citizens, neighborhoods, and businesses to develop and prosper. City of Little Rock Board of Directors Mayor Mark Stodola Vice -Mayor Kathy Webb, Ward 3 Director Erma Hendrix, Ward 1 Director Ken Richardson, Ward 2 Director Capi Peck, Ward 4 Director Lance Hines, Ward 5 Director Doris Wright, Ward 6 Director B J Wyrick, Ward 7 Director Dean Kumpuris, At -Large Director Gene Fortson, At -Large Director Joan Adcock, At -Large City Manager Bruce T. Moore City Attorney Thomas M. Carpenter City Clerk Susan Langley Little Rock City Hall 500 West Markham Street Little Rock, Arkansas 72201 501-371-4510 501-371-4743 (TDD) 501-371-4498 (Fax) 311 (non -emergency requests) www.littlerock.gov City of Little Rock Board of Directors Meetings The City of Little Rock Board of Directors Meetings are on the first and third Tuesday of each month at 6:00 PM in the City Board Chambers on the second floor of Little Rock City Hall. Agenda Meetings are on the second and final Tuesday of each month at 4:00 PM. Please call the City Clerk at (501) 371-6803 to confirm times and locations. Business presented to the Board of Directors is addressed by one of the following actions: Ordinance An ordinance is a "legislative act" or local law and requires either three readings at separate City Board meetings or a two-thirds vote to suspend the rules in order to adopt the ordinance at a single meeting. Amendments to ordinances require a new ordinance. Resolution A resolution expresses Board policy or directs certain types of administrative action. It requires only one reading and may be changed by a subsequent resolution. Motion A proposal for action, or used to indicate majority approval of procedural action, such as the filing of a report. Referral The City Board may postpone action or ask for a further study by referring the matter to the City Manager, the City Attorney, or to an advisory committee for further study. Emergency Clause When attached to an ordinance, the legislation is effective immediately. Otherwise, ordinances take effect thirty (30) days after approval. CITIZEN COMMUNICATION Three (3) minutes are allowed to present a specific item which is not already on the Agenda. This time is allotted for any person to express a written or oral viewpoint, grievance, or other message to the Board of Directors. Board Members may ask questions of the speaker or make a relevant comment after the presentation has been completed. A maximum of thirty (30) minutes is allotted for citizen communications each meeting. No advance permission is required, but persons wishing to address the City Board are required to fill out a3 yellow card listing the specific subject to be addressed and hand it to the City Clerk upon arrival. Citizen Communication will be held immediately following the Consent Agenda items on the first Tuesday and at the end of the printed Agenda on the third City of Little Rock Policy Statements Safe City Protect the rights of the people, ensure public order, and provide public safety through efficient delivery of services in addition to requiring the highest level of professional standards. Economic Development Support the local/regional economy and to provide opportunities to retain, form, and attract new business. Basic City Services Ensure citizens receive quality basic services, and to provide a viable system that enables its employees to give the most efficient and effective support possible. Infrastructure Maintain and improve a comprehensive infrastructure system that meets the changing needs of the community while protecting the integrity of the environment. Quality of Life Work with community partners to ensure access to opportunities for vital and varied recreational, creative, and educational experiences. Board of Directors Meeting April 25, 2017 Agenda Meeting 4:00 PM To set the agenda for the May 2, 2017, Board of Directors Meeting 6: 00 PM PRESENTATIONS Episcopal Collegiate School — 3A Boys Basketball State Championship (April 25, 2017) Tree City USA Recognition (April 25, 2017) International Building Safety Month Proclamation (May 2, 2017) Agenda CONSENT AGENDA (Items 1 - 11) 1. MOTION To approve the minutes of the December 6, 2016, January 3, 2017, January 17, 2017, and February 7, 2017, Little Rock City Board of Directors Meetings; and the December 13, 2016, Little Rock City Board of Directors Reconvened Meeting 2. RESOLUTION G-24-051: To set May 16, 2017, as the date of public hearing on the petition to abandon a twenty (20)-foot wide access and utility easement, located in the southern portion of Lot 204, Sandpiper Addition, in the City of Little Rock, Arkansas; and for other purpose. 3. RESOLUTION Z-5936-0: To set May 16, 2017, as the date of public hearing on a notice of appeal of the actions of the Little Rock Planning Commission in denying a requested Planned Zoning District, titled Tract 75 Chenal Valley Long -Form PD-R, located on the northwest corner of Champagnolle Drive and Rahling Road, in the City of Little Rock, Arkansas; and for other purposes. 4. RESOLUTION To authorize the City Manager to execute a Third Amendment to the Parking Citation Management Services Agreement awarded to Professional Account Management, LLC, also known as Duncan Solutions, to extend the contract term for one (1) additional year; and for other purposes. Staff recommends approval. Synopsis: Approval of resolution authorizing City Manager to execute an Third Amendment to the existing Parking Citation Services Management Agreement with Professional Account Management, LLC, to extend the contract for one (I) -year with an end date of May 23, 2018. 5. RESOLUTION To authorize the City Manager to enter into an agreement with Northrup Gruman, in the amount of $295,805.00, for the purchase of an Explosive Ordinance Disposal Vehicle for the Little Rock Fire Department; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Northrop Grumman/Remotec, Inc., for the purchase of an Explosive Device Disposal Vehicle (Remotec Andros Bomb Robot) for the Little Rock Fire Department. 6. RESOLUTION To accept title to property donated to the City of Little Rock, Arkansas, by Quitclaim Deed, to be used for Neighborhood Revitalization Programs; and for other purposes. Staff recommends approval. Synopsis: In an effort maximize the Land Bank's revitalization efforts, the Land Bank Commission and staff would like to accept the donation of the property located at 7319 Twin Oaks Road. Property Details: The parcel is a 7,405 square -foot vacant lot. 7. RESOLUTION To accept title to properties donated to the City of Little Rock, Arkansas, by Quitclaim Deed, to be used for Neighborhood Revitalization Programs; and for other purposes. Staff recommends approval. Synopsis: In an effort maximize the Land Bank's revitalization efforts, the Land Bank Commission and staff would like to accept the donation of the properties located at 2908 South Main Street and 4301 West 25th Street. Property Details: The 2908 South Main Street parcel is a 5,200 square -foot vacant lot and the 4301 West 25th Street parcel is a 6,720 square -foot vacant lot. 8. RESOLUTION To authorize the City Manager to award a contract to JCI Construction, Inc., in an amount not to exceed $216,794.50, for the Heatherbrae Glen Valley Drainage Improvement Project; and for other purposes. (Funding from the 2012 3/8-Cent Capital Improvement Sales Tax and the 2013 Limited Tax General Obligation Capital Improvement Bonds) Staff recommends approval Synopsis: Authorizes the City Manager to execute an agreement with JCI Construction, Inc., for Heatherbrae Glen Valley Drainage Improvements, Project No. 13-05-017, Bid No. 17-005. (Located in Ward 5) 9. RESOLUTION To authorize the City Manager to award a contract to JCI Construction, Inc., in an amount not to exceed $753,146.40, for the Tanya Drive Realignment and Signal Improvement Project; and for other purposes. (Funding from the 2012 3/8-Cent Capital Improvement Sales Tax and the 2013 Limited Tax General Obligation Capital Improvement Bonds) Staff recommends approval Synopsis: Authorizes the City Manager to execute an agreement with JCI Construction, Inc., for Tanya Drive Realignment and Signal Improvements, Project No. 13-13-613, Bid No. 17-006. (Located in Ward 6) 10. RESOLUTION To authorize the City Manager to enter into a contract with River City Hydraulic Company, in the total amount of $708,000.00, for the purchase of four (4) Rear -Loader Sanitation Trucks for the Public Works Department utilizing the Housing -Galveston Area Council (HGAC) Cooperative Purchasing Agreement; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with River City Hydraulic Company for four (4) Rear -Loader Sanitation Trucks for the Little Rock Public Works Department. 11. RESOLUTION To express the willingness of the City of Little Rock, Arkansas, to utilize Federal -Aid Transportation Alternatives Program Funds and to authorize the Mayor, City Manager and City Clerk to execute any and all necessary agreements and documents for its administration; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to apply for Transportation Alternatives Program (TAP) Grant for 12th Street to War Memorial Trail and Recreational Trails Program (RTP) Grant for Ottenheimer Park Trails from the Arkansas Highway and Transportation Department PLANNING & DEVELOPMENT ITEMS (Items 12 - 17) 12. ORDINANCE To amend Chapter 8, of the Revised Code of Ordinances of the City of Little Rock, Arkansas, to modify the boundaries of the Fire District; and for other purposes. Staff recommends approval. Synopsis: Staff is proposing an amendment to Chapter 8, Section 8-32(1) for the removal of a certain section of the Fire District. 13. ORDINANCE To amend Chapter 8, of the Revised Code of Ordinances of the City of Little Rock, Arkansas, to provide for the adoption by reference of the 2017 National Electrical Code; and for other purposes. staff recommends approval. Synopsis: Currently the City is enforcing the 2014 National Electrical Code. Adoption of the 2017 Code would bring the City up-to-date with the most current Code. 14. ORDINANCE Z-3051-B: To reclassify property located in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays; and 0 absent. Staff recommends approval Synopsis: The owner of the 0.28-acre property located at 3412/3414 Mabelvale Pike is requesting that the zoning be reclassified from C-1, Neighborhood Commercial District, to C-4, Open Display District, to allow for a small used car sales business. (Located in Ward 2) 15. ORDINANCE Z-3371-BBB: To reclassify property located in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 19 ayes, 0 nays; and 0 absent. Staff recommends approval Synopsis: The owner of the 8.595-acre property located at the southeastern corner of Colonel Glenn Plaza Loop and David O. Dodd Road is requesting that the zoning be reclassified from C-3, General Commercial District, to C-4, Open Display District, to allow the property to be platted into two (2) lots, with the east 3.432 acres being developed for a car dealership and the west 5.163 acres being held for future commercial development. (Located in Ward 7) 16. ORDINANCE Z-9200: To reclassify property located in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: I l ayes; 0 nays; and 0 absent. Staff recommends approval Synopsis: The owner of the 0.16-acre property located at 1914 Perry Street is requesting that the zoning be reclassified from R-2, Single -Family District, to R-4, Two -Family District to allow for the construction of one (1) duplex structure on the site. (Located in Ward 6) 17. ORDINANCE Z-9201: To reclassify property located in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Punning commission: Il ayes; 0 nays; and 0 absent. Staff recommends approval Synopsis: The owner of the 0.155-acre property located at 2105 Perry Street is requesting that the zoning be reclassified from R-2, Single -Family District, to R-4, Two -Family District to allow for the construction of one (1) duplex structure on the site. (Located in Ward 6) SEPARATE ITEMS (Item 18) 18. ORDINANCE To authorize the City Manager to dispense with the requirement of competitive bidding and enter into a Sole -Source Contract with Socrata, Inc., in an amount not to exceed $131,064.00, plus applicable taxes and fees, for the purchase of the Socrata Open Performance module implementation; and for other purposes. staff recommends approval. Synopsis: To authorize City Manager to dispense with competitive bids and enter into a Sole -Source Contract with Socrata, Inc., for the purchase of the Socrata Open Performance module implementation. PUBLIC HEARINGS (Items 19 -20) 19. ORDINANCE To authorize the issuance of Taxable Industrial Development Revenue Bonds under the authority of Act No. 9 of 1960, as amended, and the Municipalities and Counties Industrial Development Revenue Bond Law, as amended, to secure and develop industry within the City; to authorize execution and delivery of a Bond Purchase Agreement providing for the sale of the Bonds; to authorize the execution and delivery of a Mortgage Security Agreement and fixture filing securing the Bonds; to authorize execution and delivery of a Lease Agreement by and between the City of Little Rock, Arkansas, as Lessor, and Martial Arts Services, Inc., as Lessee; to authorize and approve execution and delivery of a Sublease Agreement by and between the Lessor and ATA International, Inc., as Sublessee; to authorize execution and delivery of an agreement for payments in lieu of taxes; to authorize execution and delivery of other documents relation to the issuance of the Bonds and to prescribe other matters in relation thereto; to declare an emergency; and for other purposes. 20. RESOLUTION Z-8170-C: To rescind the Little Rock Planning Commission's action in denying a Conditional Use Permit to allow a Wastewater Treatment Plan on the property located at 25616 Highway 10; and for other purposes. Planning Commission: 1 aye; 9 nays; and 1 absent. Staff recommends denial. (Deferred from September 6, 2016) (Deferred from December 6, 2016)(Deferred from March 7, 2017) Synopsis: The applicant, Rick Ferguson, through his attorney Philip Kaplan, is appealing the Planning Commission's action in denying a Conditional Use Permit to allow a Wastewater Treatment Plant on the property located at 25616 Highway 10. (Located in the City's Extraterritorial Jurisdiction) UPDATES (Item 21) 21. 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O `i 0) 4— E— 4- 0 Ln Ln 0 u 0 V (IJ U 0) M c -0 c� O L.n m a B e O O m O O Wft in Ln a� l7 aJ _O O U 41 Ln Ln U O 4- W 41 m E Ln 4-1 O 'i 0 CL U 0 p .. iJ. , • ram. .\' Y ?� � = rL�= ''�:� •'fie _ ����'-. i'r' 7 y^} Y y i S 7 a T•S'L h � CITE . � r� �� N � ' � � � Q y •a3-, �4 Z-< z LLI VI D 0 z Z 0 W a S) J O U zQ Qz J W Ul z J z 0 W Z -< z J LLJ Y I D 0 z J Z �5 O W J tU z� 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 To: Interested Parties MEMORANDUM From: Department of Planning and Development Subject: Public hearing date regarding a Conditional Use Permit to allow a wastewater treatment plan on the property located at 25616 Highway 10 Date: April 10, 2017 The Board of Directors of the City of Little Rock have moved the date of the public hearing on a motion to rescind the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a wastewater treatment plant on the property located at 25616 Highway 10 from May 16, 2017 to Mav 2, 2017. The meeting will be held in the Board of Directors' Chamber located on the Second Floor of City Hall located at 500 West Markham Street, Little Rock. If you have any questions, please contact Tony Bozynski or Dana Carney of the Planning staff at 501-371-4790. cup.doc 6 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON AN APPEAL OF A CONDITIONAL USE PERMIT To all interested parties regarding the property located at: Address:. 25616 Highway 10 General Location: North & East .of HWY 10 & Pleasant Grove Rd., South of Nowlin Creek Owned By : LRG, LLC Notice is hereby given that an appeal of a Conditional Use Permit on the above property -has been filed with the Board of Directors, 500 West .Markham, City of Little Rock, Arkansas to. allow use of the property as -follows: PRESENT USE: R— PROPOSED USE: waste slater Treatment Plant A public hearing on 'the application will be held in the Chamber -of. the Little Rock Board of Directors, 2nd Floor, City Hall on: Tuesday_,_ May 2 ., 2017 . , at 6:00 P.M. All interested parties may appear and be heard.at said time and place, or may notify the reviewing body of their views by letter. Information about the application may be requested by contacting Department of Planning and Development, 723 West Markham, Little Rock, Arkansas; 501371-4790. �// 2-117 ­_ Beach Abstract & Guaranty Company, Inc. 100 Center Street - P.O. Box 2580 Little Rock, AR 72203 (501) 376-5652 Direct Line (501) 376-5667 Facsimile Email: ddavis�beachabst.com June 23, 2016 White Daters & Associates Attn: Tamara 24 Rahling Circle Little Rock AR 72223 Beach No. S16-6015 LRG LLC Highway 10 - Little Rock AR RE: Part of SW Section 6, T-2 N, R-14-W, Pulaski County, Arkansas A pART OF 7HE 5W114 OF SECTION 5, T-2-44, R-14-W, P91LASKa CMNTY, ARWkNaPS, qOEtE Pa,R=LARLY DESCRIBED AS FOLLOWS COMMENCING AT THE jOUTHEAST COFWER OF THE SW? /4 OF SEC7I47N 5, T-*Z- K R-14-* 7H E-WE SWW5i' f 58,.26 Fi, TO A F QN0 1j' RMNR WHICH LAYS 0.16 FT. NMr'ri OF THE SOUTH LINE OF THE W1*Y THENCE NWOVQ'E. 66Z2.93 FT.. THENCE VrTO '1S'E. 239,72 FT. TO THE POINT OF BEGINNING, THENCE N111V41% M-45 FT.; THENCE WT3V37E, 125.66 FT, TO A POINT IN THE CENiTE]qLINE OF "LIN CREEK 11dEW—E ALONG THE CQITERLINE OF +44;+VRLIN CREEK AS MAPPED IN XNE, 1997, S4525"4-2"E, 120.45 FT.; THENCE ALONG 5ND CENTERLINE: OF VWLN CREEK S5,T59' 6'E, 66.0 FT. TO A POINT ON THE F-kST LINE OF THE S' I/* OF SECTION $; THEVCE L.EVING THE 'CENTERLINE OF NOWUN CREEK 30CI'G2'52t 296-43 FT. ALONG THE EAST LINE OF THE SW1/4, PASSING AT X? FT. A SET ' REaAR ON THE SOUTH BIkW OF NL1NLIN CREEK* TO A FOUND '1i' REBFR: THENCE LAYING THE EAST LINE OF THE SN1 /4 N7"1'19-W� 5Zoia.32 FT. TO THE POINT OF BEGINNING, E,4CLOsING AN AREA OF 2.MQ ACRES. MOE OR LESS. Page 2 Dear Tamara: We have examined the records of Pulaski County, Arkansas, up to May 26, 2016 at 7:00 A.M. as to the property lying within 200 feet to the above described property, to wit: We find that the owners names set out on the attached sheets lie within 200 feet of the above described property and that the names are the last apparent owners of record of said property. We do not certify as to the validity of title and our liability is limited to the amount paid for this service. Addresses of owners cannot be guaranteed accurate. If we can be of further service to you, please call us. .t Sits certify, Donna Davis Special Service Department 501-376-5652 Enclosure(s) Page 33 Owners. James & Janae Day 7800 Hood Road Roland AR 72135 Desmond & Carol Doris 24708 Pleasant Grove Road RolandAR 72135 LRG LLC d/b/a LRG Investments LLC PO Box 73670 Little Rock AR 72221 Legal Descriptions_ Part of the S% of Section 6, T-2-N-R-14-W Instrument No. 98-61338 Part of the S% of Section 6, T-2-N-R-14-W Instrument No. 2008-66046 Part of the S% of Section 6, T-2 N R-14-W Instrument No. 2013-65922 I r George Wise Janae Day Sierra Club 7800 Hood Road 1308 West 2"d Street Roland, AR 72135 Little Rock, AR 72201 Elizabeth Bobbitt Desmond and Carol Doris , 8020 Hood Road 23708 Pleasant Grove Road Roland, AR 72135 Roland, AR 72135 Michael Mitchell -Nicholas and Marcia Finn 1010 West Yd Street f 10200 Twin Mountain Lane P.O. Box 1510 Roland, AR 72135 Little Rock, AR 72203 Pamela and Mike McKinnis Mary Baskin 27120 Twin Mountain Trail 2 Live Oaks Court Roland, AR 72135 Little Rock, AR 72223 Gresham Barnes Drew Kelso 17607 Burlingame Road 4 Dressage Lane Little Rock, AR 72223 Little Rock, AR 72223 Larne and Jo Ann Wortham Dr. Harold Hedges 25624 Highway 10 8201 Hood Road Roland, AR 72135 Roland, AR 72135 Amy Sixbey Ross Noland 9525 Twin Mountain Lane P.O. Box 251402 Roland, AR 72135 Little Rock, AR 72225 Thaddeus Bartter Sanford Tollette 25 Livree Lane 5512 Ferndale Cut-off Road Little Rock, AR 72223 Little Rock, AR 72223 Duong and Angela Nguyen Tom Frothingham 20 Livree Lane 2207 Pleasant Grove Road Little Rock, AR 72223 Roland, AR 72135 Amy and Mike Bailey Carol Young 3 Chenal Downs Blvd. 712 Ash Little Rock, AR 72223 Little Rock, AR 72207 Andreae Pitcock Mark Johnson 21001 Burlingame Road 23616 Kanis Little Rock, AR 72223 Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Mary Dornhoffer 6917 Westridge Road Roland, AR 72135 Et To: From: Subject: Date: City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 MEMORANDUM Interested Parties Department of Planning and Development Planning Zoning and Subdivision Public hearing date regarding a Conditional Use Permit to allow a wastewater treatment plan on the property located at 25616 Highway 10 April 10, 2017 The Board of Directors of the City of Little Rock have moved the date of the public hearing on a motion to rescind the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a wastewater treatment plant on the property located at 25616 Highway 10 from May 16, 2017 to May 12017 The meeting will be held in the Board of Directors' Chamber located on the Second Floor of City Hall located at 500 West Markham Street, Little Rock. If you have any questions, please contact Tony Bozynski or Dana Carney of the Planning staff at 501-371-4790. Et To: From: Subject: Date: City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 W I_E\II JU Interested Parties Department of Planning and Development Planning Zoning and Subdivision Public hearing date regarding a Conditional Use Permit to allow a wastewater treatment plan on the property located at 25616 Highway 10 April 10, 2017 The Board of Directors of the City of Little Rock have moved the date of the public hearing on a motion to rescind the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a wastewater treatment plant on the property located at 25616 Highway 10 from Mav 16. 2017 to Mav 2. 2017. The meeting will be held in the Board of Directors' Chamber located on the Second Floor of City Hall located at 500 West Markham Street, Little Rock. If you have any questions, please contact Tony Bozynski or Dana Carney of the Planning staff at 501-3 71-4790. George Wise Desmond and Carol Doris Sierra Club 23708 Pleasant Grove Road 1308 West 2"d Street Roland, AR 72135 Little Rock, AR 72201 Pamela and Mike McKinnis Gresham Barnes 27120 Twin Mountain Trail 17607 Burlingame Road Roland, AR 72135 Little Rock, AR 72223 Amy Sixbey Thaddeus Bartter 9525 Twin Mountain Lane 25 Livree Lane Roland, AR 72135 Little Rock, AR 72223 Amy and Mike Bailey Andreae Pitcock 3 Chenal Downs Blvd. 21001 Burlingame Road Little Rock, AR 72223 Little Rock, AR 72223 Janae Day Elizabeth Bobbitt 7800 Hood Road 8020 Hood Road Roland, AR 72135 Roland, AR 72135 Mary Baskin Drew Kelso 2 Live Oaks Court 4 Dressage Lane Little Rock, AR 72223 Little Rock, AR 72223 Ross Noland Sanford Tollette P.O. Box 251402 5512 Ferndale Cut-off Road Little Rock, AR 72225 Little Rock, AR 72223 Carol Young Mark Johnson 712 Ash 23616 Kanis Little Rock, AR 72207 Little Rock, AR 72223 Ruth Bell Steve Giles 7611 Briarwood 425 W. Capitol Ave., Suite 3200 Little Rock, AR 72205 Little Rock, AR 72201 Nowlin Creek Neighborhood Assoc. Attn: Dan Hedges 9225 Twin Mountain Lane Roland, AR 72135 Nicholas and Marcia Finn 10200 Twin Mountain Lane Roland, AR 72135 Larrie and Jo Ann Wortham 25624 Highway 10 Roland, AR 72135 Duong and Angela Nguyen 20 Livree Lane Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Mary Dornhoffer 6917 Westridge Road Roland, AR 72135 Michael Mitchell 1010 West 3rd Street P.O. Box 1510 Little Rock, AR 72203 Dr. Harold Hedges 8201 Hood Road Roland, AR 72135 Tom Frothingham 2207 Pleasant Grove Road Roland, AR 72135 Philip Kaplan 21 Montagne Court Little Rock, AR 72223 LRG LLC d/b/a LRG Investments P.O. Box 73670 Little Rock, AR 72221 George Wise Janae Day - Sierra Club 7800 Hood Road , 1308 West 2nd Street Roland, AR 72135 , Little Rock, AR 72201 Elizabeth Bobbitt Desmond and Carol Doris ,, 'Ott, 8020 Hood Road 23708 Pleasant Grove Road Roland, AR 72135 Roland, AR 72135 Michael Mitchell Nicholas and Marcia Finn 1010 West 3Td Street f 10200 Twin Mountain Lane P.O. Box 1510 Roland, AR 72135 Little Rock, AR 72203 Pamela and Mike McKinnis Mary Baskin 27120 Twin Mountain Trail 2 Live Oaks Court Roland, AR 72135 Little Rock, AR 72223 Gresham Barnes Drew Kelso 17607 Burlingame Road 4 Dressage Lane Little Rock, AR 72223 Little Rock, AR 72223 Larne and Jo Ann Wortham Dr. Harold Hedges 25624 Highway 10 8201 Hood Road Roland, AR 72135 Roland, AR 72135 Amy Sixbey Ross Noland 9525 Twin Mountain Lane P.O. Box 251402 Roland, AR 72135 Little Rock, AR 72225 Thaddeus Bartter Sanford Tollette 25 Livree Lane 5512 Ferndale Cut-off Road Little Rock, AR 72223 Little Rock, AR 72223 Duong and Angela Nguyen Tom Frothingharr. 20 Livree Lane 2207 Pleasant Grove Road Little Rock, AR 72223 Roland, AR 72135 Amy and Mike Bailey Carol Young 3 Chenal Downs Blvd. 712 Ash Little Rock, AR 72223 Little Rock, AR 72207 Andreae Pitcock Mark Johnson 21001 Burlingame Road 23616 Kanis Little Rock, AR 72223 Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Mary Dornhoffe'r 6917 Westridge Road Roland, AR 72135 A ke--�a9 - � (, -7��� ,mod ro1Ie � eI� #II S f � kr >CL } 6, (5 -o FW /4w L � c I I � f a L R- 6- j 4 k-5 C, h L4-nQ A 4,J AL-I)� I) r AGENDA ITEM CARD • Fill out and give to City Clerk if addressing an Agenda Item. + I wish to speak for or against V Item # Name ► o (- 1 Le-� C-- S Address I�C�QI.� dS"k ` Telephone Wit` % - Date -7 �76)7 AGENDA ITEM CARD ff5 Fill out and give to City Clerk if addressing an Agenda Item. • I wish to speak for or against Item # Name ,QA1Fd2 � Pf (f7'T, Address P e-; Telephone Date p L-- Ajt_- -7 zi�3 AGENDA ITEM CARD0 Fill out and give to City Clerk if addressing an Agenda Item. • I wish to speak for or against Item # Namer`c`— Address Telephone K- �7 Date AGENDA ITEM CARD • Fill out and give to City Clerk if ad in an Agenda Item. + • I wish to speak for k""or against Item Name t E Address A 221- Telephone Date ~ 9- AGENDA ITEM CARD • Fill out and give to City Clerk if addressing an Agenda Item. + I wish to speak for or against Item # Name r�7 Address I �� Telephone bate AGENDA ITEM CARD • Fill out and give to City Clerk if addressing an Agenda Item. + I wishla to speak for or against X Item Name F gg�- c's Q Address J Id t-: 1-k r7Z-Z-Z Telephone Date l Delay in vote on west Little Rock housing development. Reason: politics I Arkansas Blog Page 1 of 3 Arkansas Blog o: Supporters mount fight to save Arka. . Delay in vote on west Little Rock housing development. Reason: politics Posted By Max Brantley on Wed, Mar 8, 2017 at 7:35 AM The Little Rock City Board delayed a vote last night on the appeal of denial of a permit for a housing subdivision outside the city but in the city's planning jurisdiction. The nominal reason was for further testing and study. I suspect it's more accurate to say the reasons were immense opposition and the hope that a legislative political power play will change the dynamics. LOG IN TO COMMENT / CREATE ACCOUNT LOG IN TO DIGfrAL MEMBERSHIP / SUBSCRIBE Get unlimited access Become a digital Find out member! more Archives I RSS click to enlarge BRIAN CHILSON ANDY DAVIS: His legislation a factor in Little Rock City Board development debate Rep. Andy Davis has legislation that I think is intended to force the city into accepting the western fringe developments and the threat they present to the watershed from package sewage treatment plants that would discharge into scenic creeks. Davis is a Little Rock Republican. He also builds sewage treatment plants. He's proposed a mouth - dropping incursion on local control (which should alarm every city in the state) by his bill to force the city to extend sewer service outside the city if a developer asks for it and signs a pre -annexation agreement. Other expensive impact be damned. It's sprawl encouragement at a huge cost to the city. It rapes local control. It also is being offered by a legislator who is in the business of selling wastewater treatment plants to developers, more than one of which lurks with ideas for intensive development on Little Rock's western fringe. Davis' legislative career has often been about advancing his private business interest. He went so far in protecting wastewater treatment operators from financial liability in 2015 that he's had to come back and amend the legislation this year because it presented such a powerful talking point for opponents of the types of plants he sells and have been proposed for the fringes of Little Rock. We wrote earlier about the appeal the Board had been scheduled to hear Tuesday. The planning staff opposed the permit and the Planning Commission was nearly unanimous in opposition. Also lurking to encourage westward development is a resolution by City Director Lance Hines to study expansion of sewer service outside the city. He insists he wants sound development. His record of encouraging sprawl and suburban flight suggests otherwise. http://www. arktime s. com/ArkansasB log/archives/2O l 7/O3/O8/delay-in-vote-on-west-little-ro... 3/8/2017 Delay in vote on west Little Rock housing development. Reason: politics I Arkansas Blog Page 2 of 3 Tags: urban sprawl, sewer lines, Andy Davis, Rick Ferguson, Nowlin Creek, Image Help support real news Use Square Cash to show us some love. What's Square Cash? Tweet G+1 0 Instapaper Share Favorite Comments Speaking of... City Board faces dirty business of sewers March 4, 2017 by Max Brantley Sewer service to sprawling areas outside the city limits will occupy the Little Rock City Board Tuesday. /more/ opposition continues to development on western edge of Little Rock March 3, 2017 by Max Brantley Efforts by Rep. Andy Davis, a Little Rock Republican who's in the wastewater treatment business, to improve legislation he passed in 2015 setting lenient rules for wastewater plants hasn't eliminated opposition to subdivision developments west of the city. /more/ Mayor Stodola: Whatever happened to local control? February 27, 2017 by Max Brantley Credit where due to Mayor Mark Stodola for noting the national movement by Republicans to seize local control on pet issues, a movement amply illustrated by Arkansas's Republican legislature. /more/ Alarm raised on Little Rock sewer bills by Andy Davis February 21, 2017 by Max Brantley An alarm is being raised about pending legislation that would require the city of Little Rock to extend sewer service outside city limits. /more/ Rep. Andy Davis floats idea for annual regular sessions of General Assembly February 5, 2017 by David Ramsey Update to the last post: I've now gotten confirmation from Rep. Andy Davis that the idea of annual regular sessions of the General Assembly is his. /more/ Sewer plant request off City Board agenda December 5, 2016 by Leslie Newell Peacock The City Board of Directors will not take up at tomorrow's board meeting developer Rick Ferguson's request that the city overrule the Planning Commission's decision denying him a Conditional Use Permit to build a wastewater treatment plant on his property at 25616 Hwy. 10, opponents of Ferguson's plan tell the Times. /more/ Little Rock City Board to consider resolution asking legislature to repeal R.E. Lee, MLR Jr. holidays December 3, 2016 by Lindsey Millar Also before the board: A rezoning request to build a Popeye's along Markham and a resolution to rescind a Planning Commission denial of a private wastewater treatment plant outside of city limits. /more/ City residency for employees back before Little Rock City Board August 27, 2016 by Max Brantley The Little Rock City Board agenda session Tuesday includes a proposal to provide a cash incentive for new city employees to live in the city. /more/ Planning Commission denies sewer treatment plan application July 14, 2016 by Leslie Newell Peacock The Little Rock Planning Commission voted 10-1 this afternoon to deny a conditional use permit that would have allowed developer Rick Ferguson to build a package wastewater plant on Nowlin Creek in West Pulaski County, two miles outside the city limits. The plant would serve the Mountain Valley subdivision Ferguson hopes to build on 36 acres on Highway 10 adjacent to the treatment plant. He wants to put 134 homes in the subdivision; that application will go before the commission in August. /more/ The week's lowlights http://www. arktimes. com/ArkansasB log/archives/2O l 7/O3/O8/delay-in-vote-on-we st-little-ro... 3/8/2017 Delay in vote on west Little Rock housing development. Reason: politics I Arkansas Blog Page 3 of 3 July 14, 2016 by Max Brantley Andy Davis has spent much of his taxpayer -paid time in the legislature working on legislation to make easier the lives of people who operate plants he sells and who dump materials in waterways. /more/ COMMENTS Subscribe to this thread: By Email With RSS Add a comment ❑ Subscribe to this thread More a Post Comment http://www.arktime s. com/ArkansasBIog/archives/2O l 7/O3/O8/delay-in-vote-on-west-little-ro... 3/8/2017 .rs P40 n 11 38 ze said. veteran �d kitch- lows on is bones workers ie didn't did not Thorn- )ut that omplice robbery ded the tad only the kill - by sur- friends commit it make jobbers along to as going Page 6B DDENTHAL r at North a Cat in during a Kok writer Rock. Arkansas uemoerac-uazeneiecrv,iravuiv r.n., Sgt. Nathan Sutton (left), with the 39th Infantry Brigade, takes on Staff Sgt. Mark Jones, an Army combat instructor at Camp Robinson, during a hand-to-hand fighting portion of the Arkansas Na- tional Guard Best Warrior Competition. The three-day, state -level contest at the North Little Rock base tests the mental and physical endurance of soldiers while they maneuver through simulated battlefield conditions. Panel clears sewage -plant bill Proposal to adjust fees, ownership restrictions goes to House EMILY WALKENHORST ARKANSAS DEMOCRAT -GAZETTE A bill that would change who can own a nonmumcipal wastewater -treatment plant and potentially increase the money paid into a trust fund for such plants was approved in a House committee Thurs- day morning. House Bill 1550, sponsored by Rep. Andy Davis, R Little Rock, is designed to keep treatment plants from run- ning low on funds for prop- er maintenance and repairs. The legislation amends a Da- vis -sponsored law passed in 2015 that reduced financial assurance requirements for the plants and created the trust fund instead. No one spoke in favor of or against the bill at Thurs- day's meeting of the House Public Health, Welfare and Labor Committee. The com- mittee approved the bill on a voice vote with no opposi- tion. It will now head to the full House for a vote. Members of Concerned Citizens of West Pulaski County, a group in Davis' district that has opposed two wastewater plants just out- side Little Rock, worked with Davis, a wasterwater plant engineer and operator, on the bill and have supported it after expressing concerns with Davis' 2015 legislation. The group also had opposed a subdivision where Davis was to have provided a treat- ment plant. Officials with the Arkansas Department of Environmental Quality also have worked on the bill. The plants implicated See PLANT BILL, Page 7B vv...a. 5a,.y no delay on Maggio hearing Letter cites case before high court DEBRA HALE-SHELTON ARKANSAS DEMOCRAT -GAZETTE A federal appeals court does not need to delay for- mer Faulkner County Cir- cuit judge Michael Maggio's bribery case even though the U.S. Supreme Court recently agreed to review a case involving a North Carolina veteran who, like Maggio, wants to take back a guilty plea, the U.S. attor- ney's office said in letter filed Thursday. Assistant U.S. Attorney Julie Peters r. . asked the r' clerk of the 8th U.S. Cir- cuit Court of Appeals in St. Louis to forward her letter to the cou.rt's 51 Maggio three -judge panel that is to hear oral ar- guments in Maggio's appeal Wednesday. Peters said the Rodney Class appeal "holds poten- tial relevance to the Mag- gio ease," but it 'does not require a stay ofthe Maggio case." Peters added: "The parties have briefed the underlying merits of the `as applied' constitution- al challenge — whether a See MABGIO, Page 7B Jury convicts man of rape, hits impasse on 2 counts rape charges in connection with Post's admissions. jurors sent a note t0 Ben- ton County Circuit judge Robin Green earlier Thursday staring that they had reached a verdict in the case but that meaningful communications concerning the battery and one rape charge had ceased. set CONVICTION, Page 711 Tf'RACY M. NHAL NWA DEMOCRAT-GAZEM BENTONVILLE -- Bri- an Post, on trial in the sex- ual assault and mutilation of a woman, was sentenced Thursday to 13 years in prison on one count of rape, a crime he admitted to during a po- lice interview. Post, 48, of;Springdale was charged with attempted capital murder, five counts of rape and first -degree battery in the woman's May 2015 as- sault. A jury of eight women and tour men found Post guilty of one count of rape. It found him innocent of at- tempted capital murder and three counts ofrape.The jury could not reach verdicts on the battery charge and the remaining rape count. Post told Capt. Ed Motsinger with the Benton County sheriff's office in an interview that he had sex with the woman on four or five occasions when she w s riot in a condition to consent. lProsecutors filed four of the �. cup.doc 6 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON AN APPEAL OF A CONDITIONAL USE PERMIT To all interested parties regarding the property located at: Address: 25616 Highway 10 N General Location: North & East of HWY 10 & Pleasant Grove Rd., South of Nowlin Creek Owned By : LRG, LLC Notice is hereby given that an appeal of a Conditional Use Permit on the above property -has been filed with the Board of Directors, 500 West .Markham, City of Little Rock, Arkansas to. allow use of the property as follows: PRESENT USE: R- PROPOSED USE: Waste Water Treatment Plan A public hearing on -the application will be held in the Chamber -of. the Little Rock Board of Directors, 2nd Floor, City Hall on: Tuesday.t_ December 6 2016 , at 6: 00 P.M. All interested parties may appear and be heard.at said time and place, or may notify the reviewing body Of their views by letter. Information about the application may be requested by contacting Department of Planning and Development, 723 West Markham, Little Rock, Arkansas; 501371-4790. jC>R_ I-V- LC-7 uze ti7 -113 Beach Abstract & Guaranty Company, Inc. 100 Center Street - P.O. Box 2580 Little Rock, AR 72203 (501) 376-5652 Direct Line (501) 376-5667 Facsimile Email: ddavisCu beachabskcom June 23, 2016 White Daters & Associates Attn: Tamara 24 Ra.hling Circle Little Rock AR 72223 Beach No. S16-6015 LRG LLC Highway 10 - Little Rock AR RE: Part of SWSection 6, T-2 N, R-d 4-W , Pulaski County, Arkansas A PART CIF' THE 5WI %4. OF SEUTIO N 5, T- a -#la R-14--W, PULAS<t QC"T'01 AIwcAs, waRE ?Ao7nLARLY DE5CR'IBE0 AS F OLLc*54 =WAE';CING 91 THE SCUTHE,AST CORNER (IF THE SW'!/4 OF 5ECT104 S. T-Z-9. R-14-W, THE'MCE SWS6°5 f -,Nr Ug,26 FT_ pj AL M. Ifi' REMIR 'WHICH LAYS 0. t6 FT. NCIRr-4 OF THE SOUTH LINE OF THE cif 1:14; THENCE kiG�5 -Q 'W*F, 7.9,5 FT.; THEIE 37 239.72 FT. 1O THE POINT OF SESINNIPNC� THENCE N1!a5V*1% M-45 IT,; THENCE -W3V-4 f"E 1 Z,66 FT, TO ;A POINT IN THE CENTERLINE OF "L I N CREEK- THE -ACE ALONG THE CENTE1 UNE OF XWL114 MEE4 AS WAPPED IN JJtAE, t 997,-34!725"4-M 120.45 FT,; THENCE ALONG SNO CLYERL I NE OF "LN CREEK S5,T5q'j6*E, 5 FT TO A Pri1NT ON THE EST LIWE OF THE SW/4- CF $EC' QN k THENCE LF-400 THE CEWERLIPNE OF MCWLIN CREEK 5CO'O2'52% 296,47 FT - ALONG THE EAST LIME OF THE SW I/N:, PAMING AT X7 FT. A. SET A'k RE&mR ON THE SOUTH -SAW OF i+tLVLIM CREW„ TO A FXND 4' IREBAjR„ THENCE LEWNQ THE EAST UNE OF THE aN1 14 N71ro i "19V, ma_32 FT- TO THE POINT OF SEGItNNING„ ENCL CGjNC AN AREA OF 2.MC ACRES. s CtlRE OR LESS, Page 2 Dear Tamara: We have examined the records of Pulaski County, Arkansas, up to May 26, 2016 at 7:00 A.M. as to the property lying within 200 feet to the above described property, to wit: We find that the owners names set out on the attached sheets he within 200 feet of the above described property and that the names are the last apparent owners of record of said property. We do not certify as to the validity oftitle and our liability is limited to the amount paid for this service. Addresses of owners cannot be guaranteed accurate. If we can be of further service to you, please call us. Si-AcereLy, Donna Davis Special Service Department 501-376-5652 Enclosure(s) Page 3 Owners: James & Janae Day 7800 Hood Road Roland AR 72135 Desmond & Carol Doris 24708 Pleasant Grove Road Roland AR 72135 LRG LLC d1b/a LRG Irpestments LLC PO Box 73670 Little Rock -AR 72221 L eaal & crfptions: Part of the S% of Section 6, T-2-N-R 14-W Instrument No. 98-61338 Part of the S z of Section 6, T-2-N-R-14-W Instrument No. 2008-66046 Part of the S% of Section 6, ?-2-N-R-14-W Instrument No. 2013-65922 George Wise Sierra Club Janae Day 7800 Hood Road - 1308 West 2"d Street Roland, AR 72135 T Little Rock, AR 72201 Elizabeth Bobbitt Desmond and Carol Doris , Ott, 8020 Hood Road 23708 Pleasant Grove Road Roland, AR 72135 Roland, AR 72135 Michael Mitchell Nicholas and Marcia Finn 1010 West "d Street 10200 Twin Mountain Lane P.O. Box 1510 Roland, AR 72135 Little Rock, AR 72203 Pamela and Mike McKinnis Mary Baskin 27120 Twin Mountain Trail 2 Live Oaks Court Roland, AR 72135 Little Rock, AR 72223 Gresham Barnes Drew Kelso 17607 Burlingame Road 4 Dressage Lane Little Rock, AR 72223 Little Rock, AR 72223 Larrie and Jo Ann Wortham Dr. Harold Hedges 25624 Highway 10 8201 Hood Road Roland, AR 72135 Roland, AR 72135 Amy Sixbey Ross Noland 9525 Twin Mountain Lane P.O. Box 251402 Roland, AR 72135 Little Rock, AR 72225 Thaddeus Bartter Sanford Tollette 25 Livree Lane 5512 Ferndale Cut-off Road Little Rock, AR 72223 Little Rock, AR 72223 Duong and Angela Nguyen Tom Frothingham 20 Livree Lane 2207 Pleasant Grove Road Little Rock, AR 72223 Roland, AR 72135 Amy and Mike Bailey Carol Young 3 Chenal Downs Blvd. 712 Ash Little Rock, AR 72223 Little Rock, AR 72207 Andreae Pitcock Mark Johnson 21001 Burlingame Road 23616 Kanis Little Rock, AR 72223 Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Mary Dornhoffer 6917 Westridge Road Roland, AR 72135 R2 oafAF CUP � �plt+fX-N �W1N MO AF ' THIS SITE R2 _ -- PCD AF AF PCD p PCD p Lt o C7 PL`EASAN- CR(-]VF:Rn Area Zoning City of Little Rock Planning & Development ti ME - moo Case: Z-8170-C Location: 25616 Highway 10 Ward: N/A N PD: 29 CT: 42.01 0 210 420 TRS: T2N R14W 6 Feet J Nowlin Creek Construct Concrete Headwall 4" CL 51 DIP x 115 LF o � ' ® Proposed Temporary 48' x 14' Package! All Weather Gravel Sanitary Sewer Tr`eatme Plant Driveway r Proposed Pump Station I OpO'30 Ri7 — - ...I ; PLEASANT GROVE RD H� cti�� y 10 Sketch City of Little Rock Planning & Development Case No: Z-8170-C Issue: CUP Name: Mountain Valley Waste Water Treatment Plant N Location: 25616 Highway 10 OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION AUGUST 16, 2016 AGENDA Subject A Resolution to set the public hearing for September 6, 2016 on an appeal of the Planning Commission's action in denying a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10. (Z-8170-C) Submitted By: Department of Planning and Development and Public Works Department SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required Ordinance Resolution Approval Information Report Approved By Bruce Moore The applicant, Rick Ferguson, through his attorney Philip Kaplan, is appealing the Planning Commission's denial of a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10. I None Approval of the Resolution setting the public hearing. On July 14, 2016, the Planning Commission denied a conditional use permit to allow a wastewater treatment plant at 25,616 Highway 10. The Commission's vote was 1 aye, 9 noes and 1 absent. There were numerous objectors present. The applicant is appealing that denial. RESOLUTION NO. A RESOLUTION TO SET SEPTEMBER 6, 2016 AS THE DATE OF PUBLIC HEARING ON AN APPEAL OF THE PLANNING COMMISSION'S ACTION IN DENYING A CONDITIONAL USE PERMIT TO ALLOW A WASTEWATER TREATMENT PLANT ON THE PROPERTY LOCATED AT 25,616 HIGHWAY 10 (Z-8170- C); AND FOR OTHER PURPOSES. (Z-8170-C) WHEREAS, a notice of appeal has been filed as a result of the Little Rock Planning Commission's denial of a conditional use permit to allow a wastewater treatment plan on the property located at 25,616 Highway 10. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The hearing on the notice of appeal of the denial of a conditional use permit to allow a wastewater treatment plant on the property located at 25,616 Highway 10 (Z-8170-C) shall be held at a meeting of the Board of Directors of the City of Little Rock in the Board Room of City Hall at six o'clock on the 6t" day of September, 2016. SECTION 2. The City Clerk is hereby directed to give notice of such hearing in the manner prescribed by law by publication once a week for two (2) consecutive weeks in a newspaper published in Pulaski County, Arkansas, and having a general circulation in the City of Little Rock. I PASSED: 2 3 ATTEST: 4 5 6 APPROVED: 7 Susan Langley, City Clerk Mark Stodola, Mayor 8 9 APPROVED AS TO LEGAL FORM: 10 11 12 13 Thomas M. Carpenter, City Attorney 14 H 15 2 AF R��AF ® CUP PCA R2 V THIS SITE E 21 iJf R2 PCD Zz R2 AF PCD Q Area Zoning City of Little Rock Planning & Development ��� { fir• '' ,■ �e=: AF II PCD ED c o Case: Z-8170-C Location: 25616 Highway 10 Ward: N/A N PD: 29 CT: 42.01 0 210 420 TRS: T2N R14W 6 Feet m r- i Nowlin Creek Construct J Concrete Headwall 4" CL 51 DIP x 115 LF f a r 48' x 14' Package f Proposed Temporary r� All Weather Gravel -�� Sanitary Sewer T �ea#me Plant Driveway -- Proposed Pump 3000soStation � y �° ❑ � Q � - , PLEASANT GROVE RD H� oH��Y70 Sketch City of Little Rock Planning &Development Case No: Z-8170-C Name: Mountain Valley Waste Water Treatment Location: 25616 Highway 10 Fisue: CUP N k Carney, Dana From: Joe White <jwhite@whitedaters.com> Sent: Tuesday, July 26, 2016 1:53 PM To: Carney, Dana Subject: FW: Mountain Valley Wastewater Appeal Attachments: Mayor and City Board sent 7.26.16.pdf Making sure you got copied on this Joe White White-Daters & Associates, Inc 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 r���e.� i s4��� From: Nina L. Moler[mailto:nmoler@williamsanderson.com] Sent: Tuesday, July 26, 2016 1:37 PM To: Joe White <jwhite@whitedaters.com>; Rick Ferguson (rickferguson777@gmail.com) <rickferguson777@gmail.com> Cc: Philip E. Kaplan <pkaplan@williamsanderson.com> Subject: Mountain Valley Wastewater Appeal Attached is correspondence from Phil Kaplan to the City sent today. Nina L. Moler, Legal Assistant Williams & Anderson PLC 111 Center Street, Ste. 2200 Little Rock, Arkansas 72201 (501) 396-8438 (501) 396-8538 (fax) CONFIDENTIALITY NOTICE - THIS ELECTRONIC MAIL TRANSMISSION AND ANY DOCUMENTS ACCOMPANYING IT CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US TO ARRANGE FOR THE RETURN OF THE MESSAGE AND ANY ATTACHED DOCUMENTS, THANK YOU. WILLIAMS & ANDERSON PLC TWENTY-SECOND FLOOR 111 CENTER STREET LITTLE ROCK, ARKANSAS 72201 PHILIP E. KAPLAN pkaplan@williamsanderson.com DIRECT DIAL (501) 396-8432 July 26, 2016 The Honorable Mark Stodola Mayor, City of Little Rock 500 West Markham Street, Room 203 Little Rock, AR 72201 Board of Directors City of Little Rock c/o City Clerk 500 West Markham Street, Ste. 200 Little Rock, AR 72201 Re: Appeal of Application for Conditional Use Permit Case No. Z-8170-C Dear Mayor and Board of Directors: (501) 372-0800 TELECOPIER (501) 372-6453 On behalf of my client, Mountain Valley Wastewater Treatment Plant, we appeal the denial of the application for a Conditional Use Permit. Attached is a copy of the denial of the application for the CUP. Sincerely, WII AMS & ANDERSON PLC Phili E. Kaplan PEK:nm Encl. cc via email: Joe White Rick Ferguson cup.doc 03/01/10 APPLICATION FOR CONDITIONAL USE PERMIT Zoning Case File No, Z- Planning Commission Meeting docketed for _ �,► at p.m. Application is hereby trade 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: z s: e. General Location: Legal Description Z '-i ?Z - ;n /40 Awn Title to this property is vested in: �6 �- (Name) p 9 a (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: A Conditional Use Permit is requesred to Dllow ilog of the properly for: There (are ' ar7Qprivate restrictions pertaining to the proposed use. It is hereby agreed that the required filing fee will be paid immediately and the posting of the sign furnished will be accomplished as required, y - Applicant (owner or authorized agent): (Signature Address: Planning Commission Ap�d: Carney, Dana From: Carney, Dana Sent: Monday, July 25, 2016 8:36 AM To: 'Joe White' Cc: Bozynski, Tony Subject: RE: Appeal letter Joe Got to thinking. just to make sure that someone doesn't question the process, whenever you file the appeal, it needs to consist of the letter and a copy of the executed application, not the letter from me to you. Dana From: Joe White [mailto:jwhite@whitedaters.com] Sent: Friday, July 22, 2016 4:57 PM To: Carney, Dana <DCarney@littlerock.org> Cc: Bozynski, Tony <TBozynski@Iittlerock. org> Subject: RE: Appeal letter Thanks Dana. Have a good weekend. Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Carney, Dana [mailto:DCarney@littlerock.or�] Sent: Friday, July 22, 2016 4:56 PM To: Joe White <iwhite@whitedaters.com> Cc: Bozynski, Tony <TBozynski@littlerock.org> Subject: RE: Appeal letter That is not how it reads. Confirm his intent with him. If the desire is to file the appeal now, it just simply needs to say that he is appealing the commission's action. From: Joe White [mailto:'white@whitedate_r_s.com] Sent: Friday, July 22, 2016 4:50 PM T To: Carney, Dana <DCarnev@littlerock.o> Cc: Bozynski, Tony <TBozynski@Iittierock.or> Subject: RE: Appeal letter His intent is to appeal but not sure it reads like that. We'd like to appeal. Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Carney, Dana [maiito:DCarn y@littierock.ore] Sent: Friday, July 22, 2016 4:45 PM To: Joe White <iwhite_2whitedaters.com> Cc: Bozynski, Tony <TBozynski@littlerock.or> Subject: FW: Appeal letter I read this as a notice of intent to appeal, not the actual filing of an appeal. Is that your understanding? From: Joe White[mailto:iwhiteLcDwhitedaters.com] Sent: Friday, July 22, 2016 4:30 PM ^ To: Carney, Dana <DCarnev@littlerock.or > Subject: FW: Appeal letter Dana, can you see if this looks ok please sir? Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Nina L. Moler[mailto:nmoler@williat-nsanderson.com] Sent: Friday, July 22, 2016 4:27 PM To: Philip E. Kaplan<p.kaplan@williamsanderson.com>; Joe White <jwhit_e_@whitedaters.com> Cc: Rick Ferguson <rickfer uson777 mail.com> Subject: RE: Appeal letter Attached is the letter that went out today. WILLIAMS & ANDERSON PLC TWENTY-SECOND FLOOR 111 CENTER STREET LITTLU ROCK, ARKANSAS 72201 PHILIP E. KAPLAN pkaplan@williamsanderson.com DIRECT DIAL (501) 396-8432 July 22, 2016 The Honorable Mark Stodola Mayor, City of Little Rock 500 West Markham Street, Room 203 Little Rock, AR 72201 Mr. Bruce Moore City Manager 500 West Markham Street, Room 203 Little Rock, AR 72201 Re: Case No. Z-8170-C Mountain Valley Wastewater Treatment Plant 25616 Highway 10 Dear Mayor Stodola and City Manager Moore: (501) 372-0800 TELECOPIER (501) 372-6453 It is the intention of my clients to appeal the denial of their application for a conditional - use permit at 25616 Highway 10 to the Little Rock Board of Directors. We will be filing an official notice within 30 days of the Planning Commission's action July 14, 2016, Sincerely, WILLIAMS & ANDERSON PLC Philip E. aplan y� PEK:nm cc: Susan Langley, City Clerk Dana Carney, Zoning & Subdivisions Joe White Rick Ferguson City of Little Rock Department of Planning and Development 723 West Markham Street little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Joe White 24 Rahlina, Circle Little Rock. AR 72223 Date: July 18. 2016 Dear Mr. White: Planning Zoning and Subdivision Case No. Z-8170-C Location: 25616 1-liahway 10 This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on .iuly 14, 2016, Approved your application as submitted. X Denied your application as submitted. Deferred action to the Approved your application with the following conditions: Meeting. The Planning Commission's action may be appealed to the Board of Directors. The appeal must be filed within thirty (30) days of the Commission's action. The appeal consists of a copy of the executed application and a letter stating the desire to appeal addressed to the Mayor and Board of Directors, c/o City Clerk, City Hall, 500 West Markham Street, Little Rock, AR 72201. The appellant bears the cost of notification for the Board hearing. If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and Subdi%,b)n Manager Department of Planning and Development DC/aa ta City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 July 26, 2016 Philip Kaplan Williams and Anderson Twenty Second Floor I I I Center Street Little Rock, AR 72201 Re: Appeal of Planning Commission denial of Mountain Valley WWTP C.U,P. Dear Mr. Kaplan: Planning Zoning and Subdivision I have received your letter in which you state your desire to appeal the Planning Commission's denial of a conditional use permit to allow a wastewater treatment Riant at 25,616 Highway 10. The item will be placed on the Board of Directors' August 16. 2016 Agenda to set the date of public hearing for September 6, 2016, Board of Directors meetings are held in the Board Room, Second Floor, City Hall, 500 W. Markham. The meetings begin at 6:00 p.m. As the appellant, you are responsible for notification of the public hearing. You must send a notice to all record objectors and all parties who were notified of the Planning Commission hearing. I have included a notice form for your use. In addition to the list from the abstract company, you need to notify the neighborhood associations and record participants. I have attached that additional list. Do not send the notice until after the August 16 2016 Board meeting to be sure that the public hearing is set for September 6, 2016. The notices do need to be sent via certified mail no later than ten (10) days prior to the public hearing. Proof of notice, as for the Commission meeting, must be returned to me no later than the Friday prior to the date of the public hearing. Failure to comply with the notice requirement as stated above will result in withdrawal of the appeal. If you have any questions, please contact me at 371-6817 or dcarneyu.littlerock.or(J. Sincerely, Dana Carney Zoning and Subdivision Manager cc; Tony Bozynski, Director of Planning and Development Susan Langley, City Clerk George Wise Janae Day Sierra Club 7800 Hood Road 1308 West 2nd Street Roland, AR 72135 Little Rock, AR 72201 Elizabeth Bobbitt Desmond and Carol Doris 8020 Hood Road 23708 Pleasant Grove Road Roland, AR 72135 Roland, AR 72135 Michael Mitchell Nicholas and Marcia Finn 1010 West 3"d Street 10200 Twin Mountain Lane P.O. Box 1510 Roland, AR 72135 Little Rock, AR 72203 Pamela and Mike McKinnis Mary Baskin 27120 Twin Mountain Trail 2 Live Oaks Court Roland, AR 72135 Little Rock, AR 72223 Gresham Barnes Drew Kelso 17607 Burlingame Road 4 Dressage Lane Little Rock, AR 72223 Little Rock, AR 72223 Larrie and Jo Ann Wortham Dr. Harold Hedges 25624 Highway 10 8201 Hood Road Roland, AR 72135 Roland, AR 72135 Amy Sixbey Ross Noland 9525 Twin Mountain Lane P.O. Box 251402 Roland, AR 72135 Little Rock, AR 72225 Thaddeus Bartter Sanford Tollette 25 Livree Lane 5512 Ferndale Cut-off Road Little Rock, AR 72223 Little Rock, AR 72223 Duong and Angela Nguyen Tom Frothingham 20 Livree Lane 2207 Pleasant Grove Road Little Rock, AR 72223 Roland, AR 72135 Amy and Mike Bailey Carol Young 3 Chenal Downs Blvd. 712 Ash Little Rock, AR 72223 Little Rock, AR 72207 Andreae Pitcock Mark Johnson 21001 Burlingame Road 23616 Kanis Little Rock, AR 72223 Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Mary Dornhoffer 6917 Westridge Road Roland, AR 72135 Beach Abstract & Guaranty Company, Inc. 100 Center Street - P.O. Box 2580 Little Rock, AR 72203 (501) 376-5652 Direct Line (501) 376-5667 Facsimile Email: ddavisCrr�beachabst.com June 23, 2016 White Daters & Associates Attn: Tamara 24 Rahling Circle Little Rock AR 72223 Beach No. S16-6015 LRG LLC Highway 10 - Little Rock AR RE: Part of SW Section 6, T-2 N, R-14-W, Pulaski County, Arkansas A PART OF THE SW1/4 OF SECTION s. T— —Iy, R-14—R, PULASK', CGUgT'-', ARCAN5A5, WORE P.4R'faC1,1LARLY OESCRISED AS FOLLCWS. COMMENICING AT THE SOWHEAST CORNER OF THE SWI/4 OF 5ECTiON 5. T—?—N. R-14—W; THEI CE SWW5J*W, 587.26 FF. TO A FOUND I' RETAR 'WHICH LAYS 0.16 FF. NCM OF THE SOUTH LIME OF THE ZW1/4. THENCE NC5'OC W`F_ %5.9,3 Fr.. THENCE 378'01'1J"E, 239.72 FT. TO THE POINT OF BEGINNING; THENCE 411`5$'41 % M-46 FF.; THENCE W3 3 5'37 E. 125,58 FTTO A POINT IN THE CENTERLINE OF NCWUN CREED THENCE ALONG THE CIDIQ IJNE OF NOWLIN CREEK AS MAPPED IN 4LINE, 1997, S4525'4- E. 124.45 FT; THENCE ALONG SAID CENTEALINE OF NG'IMU14 CREEK S5X59'36% 86.65 FT. TO A POINT ON THE EAST LINE OF THE 1Y1 /4 CF SECTI CN d; THENCE LEAVING THE CENTLqLINE OF WWLIN CREEK SOIT02'52"E, 29GA47 FT. ALONG THE EAST LINE OF THE SW1/4, PASSING AT 38-7 Fr. A SET '{A' RED ON THE SOUTH SAW OF NDWLIN CREEK. TO A F(XJND 'A' REBhA. THENCE LEAVING THE WT LINE OF THE -7.11/4 N78"01'j-3*N, 300.32 FT- TO THE PQNT OF 8EGINNING, LICL€CS*4 AN AREA CIF 2.CZG ACRES. )ACRE CA LESS. Page 2 Dear Tamara: We have examined the records of Pulaski County, Arkansas, up to May 26, 2016 at 7:00 A.M. as to the property lying within 200 feet to the above described property, to wit: We find that the owners names set out on the attached sheets lie within 200 feet of the above described property and that the names are the last apparent owners of record of said property. We do not certify as to the validity of title and our liability is limited to the amount paid for this service. Addresses of owners cannot be guaranteed accurate. If we can be of further service to you, please call us. Sincerely, f Donna Davis Special Service Department 501-376-5652 Enclosure(s) Page 3 Owners: James & .lane Day 7800 Hood Road Roland AR 72135 Desmond & Carol Doris 24708 Pleasant Grove Road Roland AR 72135 LRG LLC d/bla LRG Investments LLC PO Box 73670 Little RockAR 72221 Legal Descriptions: Part of the S% of Section 6, T-2 N R-14-W Instrument No. 98-61338 Part of the S% of Section 6, T-2 N R-14-W Instrument No. 2008-66046 Part of the S% of Section 6, T-2-N-R-14-W Instrument No. 2013-65922 Carney, Dana From: Tamara Guffey <tguffey@whitedaters.com> Sent: Thursday, September 1, 2016 1:29 PM To: Carney, Dana Subject: RE: Mt. Valley CUP Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Carney, Dana [mailto:DCarney@littlerock.org] Sent: Thursday, September 01, 2016 12:27 PM To: Tamara Guffey <tguffey@whitedaters.com> Cc: Joe White <jwhite@whitedaters.com> Subject: RE: Mt. Valley CUP Looks okay From: Tamara Guffey [mailto:t_ uffey@whitedaters.com] Sent: Thursday, September 1, 2016 11:17 AM To: Carney, Dana <DCarnev@littlerock.org> Cc: Joe White <iwhite@whitedaters.com> Subject: Mt. Valley CUP Mr. Carney Please review the attached revised Notice of Public Hearing on the CUP for Mt. Valley and let me know if it looks ok to mail. Thank you for your assistance. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 cup.doc 6 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON AN APPEAL OF A CONDITIONAL USE PERMIT To all interested parties regarding the property located at: Address:. 25616 General Location: North & East of HWY 10 & Pleasant Grove Rd., South of Nowlin Creek Owned By . LRG, LLC Notice is hereby given that an appeal of a Conditional Use Permit on the above property has been filed with the Board of Directors, 500 West .Markham, City of little Rock, Arkansas to. allow use of the property as follows: PRESENT USE: R-2 zoned PROPOSED USE: Waste Water Treatment Plant A public hearing on the application will be held in the Chamber -of. the Little Rock Board of Directors, 2nd Floor, City Hall on: Tuesday, December 6 ; . 2016 , at 6:00 P.M. All interested parties may appear and be heard.at said time and place, or may notify the reviewing body of their views by letter. Information about the application may be requested by contacting Department of Planning and Development, 723 West Markham, Little Rock, Arkansas; 501 371-4790. Carney, Dana From: Langley, Susan Sent: Thursday, September 1, 2016 10:45 AM To: Joe White; Carney, Dana Subject: RE: To all affected parties.DOCX For any Public Hearings, I am required to have the information posted in The Daily Record or Arkansas Democrat -Gazette two (2) times prior to the date of the public hearing, which I did for the September 61" date. I just talked to Tom and he said because we had already passed the resolution on August 16t" setting the date for September 61", even though it was deferred, there will need to be a resolution on the November 15t" agenda setting the date for December 61". When the time comes, I will take care of getting that notification published and then will just forward the invoice to y'all for payment. From: Joe White [mailto:jwhite@whitedaters.com] Sent: Thursday, September 01, 2016 10:27 AM To: Langley, Susan; Carney, Dana Subject: FW: To all affected parties.DOCX Susan & Dana, See the attachment that Phil Kaplan prepared. We can send these in the already prepared certified mailouts. This would let everyone know about the deferral and the new date. If we sent this now, would it satisfy the notices for the December 6" meeting? Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Philip E. Kaplan[mailt❑:pkaplan@williamsanderson.com] Sent: Thursday, September 01, 2016 10:08 AM To: Joe White <jwhite@whitedaters.com> Subject: To all affected parties.DOCX Joe, is this what you are looking for? Do I need to do more? Philip E. Kaplan Williams & Anderson PLC 111 Center Street, Suite 2200 Little Rock, Arkansas 72201 (501) 396-8432 (501) 396-8532 (fax) www.williamsanderson.com CONFIDENTIALITY NOTICE - THIS ELECTRONIC MAIL TRANSMISSION AND ANY DOCUMENTS ACCOMPANYING IT CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US TO ARRANGE FOR THE RETURN OF THE MESSAGE AND ANY ATTACHED DOCUMENTS. THANK YOU. Carney, Dana From: Carney, Dana Sent: Thursday, September 1, 2016 10:40 AM To: 'Joe White'; Langley, Susan Subject: RE: To all affected parties.DOCX I think it's fine to send but you need to include the city's notice form that was provided to you. Your notice does not give location From: Joe White [mailto:jwhite@whitedaters.com] Sent: Thursday, September 1, 2016 10:27 AM To: Langley, Susan <SLangley@littlerock.org>; Carney, Dana <DCarney@littlerock.org> Subject: FW: To all affected parties.DOCX Susan & Dana, See the attachment that Phil Kaplan prepared. We can send these in the already prepared certified mailouts. This would let everyone know about the deferral and the new date. If we sent this now, would it satisfy the notices for the December 6th meeting? Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Philip E. Kaplan[Tnaiito:pkaplan @williamsanderson.com] Sent: Thursday, September 01, 2016 10:08 AM To: Joe White <iwhite@whitedaters.corn> Subject: To all affected parties.DOCX Joe, is this what you are looking for? Do I need to do more? Philip E. Kaplan Williams & Anderson PLC 111 Center Street, Suite 2200 Little Rock, Arkansas 72201 (501) 396-8432 (501) 396-8532 (fax) www.williamsanderson.com CONFIDENTIALITY NOTICE - THIS ELECTRONIC MAIL TRANSMISSION AND ANY DOCUMENTS ACCOMPANYING IT CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US TO ARRANGE FOR THE RETURN OF THE MESSAGE AND ANY ATTACHED DOCUMENTS. THANK YOU. Carney, Dana From: Carney, Dana Sent: Monday, August 29, 2016 8:52 AM To: 'Joe White'; Langley, Susan Cc: Langley, Susan Subject: RE: Mountain Valley CUP appeal I always think it is best to keep people informed From: Joe White [mailto:jwhite@whitedaters.com] Sent: Monday, August 29, 2016 8:38 AM To: Carney, Dana <DCarney@littlerock.org>; Langley, Susan <SLangley@littlerock.org> Cc: Langley, Susan <SLangley@littlerock.org> Subject: RE: Mountain Valley CUP appeal Had a thought....... since we have prepared the certified mailouts for everyone on the list, why don't we have Phil Kaplan draft a letter explaining the deferral. We can send those and everyone will know. Should stop your phone from ringing as much. Thoughts? Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Carney, Dana[i-nailta:DCarney@iittlerock.org] Sent: Friday, August 26, 2016 2:09 PM To: Joe White <ywhite@whitedaters.co_m>; Langley, Susan <SLangley@littlerock.orf,> Cc: Langley, Susan <SLangIey@Iittlerock.org> Subject: RE: Mountain Valley CUP appeal I would think not since it won't actually be set for the December date until the Board acts on the deferral. Although it would be good to get word to them, if you have a contact or contacts. Susan: do you have any advice? Dana From: Joe White [mailto:iwhite whitedaters.com] Sent: Friday, August 26, 2016 1:37 PM To: Langley, Susan <SLangley@littlerock.ori_q>; Carney, Dana <DCarney@littlerock.or > Subject: RE: Mountain Valley CUP appeal Question about the notices, we had them ready to go out with the September 61h date. Should we go ahead and send them with the December 61h date so that people are aware that we deferred? Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: Langley, Susan mailto:SLan le littlerock.or ] Sent: Friday, August 26, 2016 11:20 AM To: Joe White <Owhite whitedaters.com> Cc: Carney, Dana <DCarne littlerock.or >; Rick Ferguson (rickfet uson777 maiLcom) <rickferguson777@gmail.com>; Philip E. Kaplan < ka lan williamsanderson.com> Subject: RE: Mountain Valley CUP appeal I will add as a deferral to the Modification page for the September 6, 2016, Agenda. The City published the original public hearing notification; however, due to the fact that the applicant is requesting deferral, it will be the responsibility of the applicant to re -advertise for the December 6, 2016, Meeting. .Scisan Lar151ey Administrative Services Manager — City Clerk City Manager's Office City ofLittle Rock, Arkansas (501) 244-9468 E 'k LITTLE RC. K ry-ww, li tt le rc yck. o rg From: Joe White [mai[to:iwhite@whitedaters.com] Sent: Friday, August 26, 2016 10:49 AM To: Langley, Susan Cc: Carney, Dana; Rick Ferguson (rickferguson777@gmail.com); Philip E. Kaplan Subject: Mountain Valley CUP appeal Susan, Good morning. Dana Carney asked me to contact you about a specific date for deferring this item which is currently set for the September 6th Board meeting. The developer would like to defer the appeal until the December 61h meeting. The notices were due out today for the current public hearing. We will not send those notices. If I need to get you a formal request, I will have Mr. Kaplan prepare that request. Let me know if you need anything further from me. Thanks for your help. Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 Carney, Dana From: Langley, Susan Sent: Friday, August 26, 2016 11:20 AM To: Joe White Cc: Carney, Dana; Rick Ferguson (rickferguson777@gmail.com); Philip E. Kaplan Subject: RE: Mountain Valley CUP appeal I will add as a deferral to the Modification page for the September 6, 2016, Agenda. The City published the original public hearing notification; however, due to the fact that the applicant is requesting deferral, it will be the responsibility of the applicant to re -advertise for the December 6, 2016, Meeting. Stisan Langley Administrative Services Manager — City Clerk City Manager's Office City ofLittle Rock, Arkansas (501) 244-5468 Ek orTLE ROCK Ev%%,%v,Httlerrsek. From: Joe White [mailto:jwhite@whitedaters.com] Sent: Friday, August 26, 2016 10:49 AM To: Langley, Susan Cc: Carney, Dana; Rick Ferguson (rickferguson777@gmail.com); Philip E. Kaplan Subject: Mountain Valley CUP appeal Susan, Good morning. Dana Carney asked me to contact you about a specific date for deferring this item which is currently set for the September 6th Board meeting. The developer would like to defer the appeal until the December 6th meeting. The notices were due out today for the current public hearing. We will not send those notices. If I need to get you a formal request, I will have Mr. Kaplan prepare that request. Let me know if you need anything further from me. Thanks for your help. Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Joe White 24 Rahlinp- Circle Little Rock, AR 72223 Date: Julv 18. 201 Dear Mr. White: Planning Zoning and Subdivision Case No. Z-8170-C Location: 25616 Highway 10 This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on July 14, 2016, Approved your application as submitted. X Denied your application as submitted. Deferred action to the Approved your application with the following conditions: Meeting. The Planning Commission's action may be appealed to the Board of Directors. The appeal must be filed within thirty (30) days of the Commission's action. The appeal consists of a copy of the executed application and, a letter stating the desire to appeal addressed to the Mayor and Board of Directors, c/o City Clerk, City Hall, 500 West Markham Street, Little Rock, AR 72201. The appellant bears the cost of notification for the Board hearing. If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and Subd&An Manager Department of Planning and Development DC/aa Carne , Dana U From: Joe White <jwhite@whitedaters.com> Sent: Tuesday, June 7, 2016 9:38 AM To: Carney, Dana Subject: Mountain Valley NPDES Discharge Limits Attachments: Pollution Management Inc Letter Re NPDES Discharge Limits for Mountain Valley Subdivision_20150429.pdf Dana, Attached is the letter from ADEQ outlining the discharge limits. Received this back in April of 2015. Working on the lay summary Joe White White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 ADEQ A R K A N S A S Department of Environmental Quality APR 2 9 2015 John Metrailer, Project Engineer Pollution Management, Inc. 3512 South Shackleford Road Little Rock, AR 72205 RE: Preliminary NPDES Discharge Limits for Mountain Valley Subdivision Dear Mr. Metrailer: Based on your letter dated April 3, 2015 and additional information received on April 20, 2015 and April 23, 2015, preliminary effluent discharge limits were estimated for a discharge of treated domestic wastewater to Nowlin Creek. This evaluation used a design flow of 0.04 MGD. These preliminary limits would need to be re-evalulated if the final design flow is higher. The following discharge location was used for this evaluation: Discharge coordinates: 34' 50' 10.99" N; 92' 32' 26.79" W Watershed Area at outfall: 12.1 square miles HUC + Reach: 11110207 + 020 Receiving Stream: Planning Segment Ecoregion: County: Nowlin Creek 3C Ouachita Mountains Pulaski Preliminary Limits for Discharge to Nowlin Creek Parameter MonthlX Average Daily Maximum Carbonaceous Biochemical Oxygen Demand (CBOD5) Ma — October 10.0 m /L 15.0 m /L (November — April) 20.0 m /L 30.0 m /L Total Suspended Solids TSS (Ma — October) 15.0 m /L 22.5 m /L (November — April) 20.0 m /L 30.0 m /L (NH3-N —Ammonia-Nitrogen (April 5.2 m /L 5.2 m /L May — October) 4.0 m /L 5.2 mg/L (November — March) 14.7 m /L 14.7 m /L Dissolved Oxygen (DO) (May - October) 6.0 m /L Instantaneous Minimum (November - April) 2.0 mg/L (Instantaneous Minimum) Fecal Coliform Bacteria (FCB) A ril — September 200 col/100 mL 400 col/100 mL October — March 1000 col/100 mL 2000 col/100 mL ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 721 18-531 7 / TELEPHONE 501-682-0744 / FAX 501-682-0880 www.adeq.sfcte.ar.us Preliminary Limits for Discharge to Nowlin Creek Parameter Monthly Average Daily Maximum 6.0 — 9.0 s.u. Total Residual Chlorine (TRC) I Report* * If chlorine is used for disinfection, TRC reporting is required during the first permit term. At time of permit renewal, TRC reported data will be reviewed to determine if reasonable potential (RP) to exceed EPA water quality criteria is shown. If RP is shown, a TRC limit of 0.0 11 mg/L may be added to the renewal permit. Please be advised that these preliminary limits are based on information available at this time on the proposed discharge location and that any of these limits are subject to change based on any data reported for the effluent or data collected in the receiving stream after an application is submitted. The preliminary limits given in this letter are expressed in concentration, but any future permit will most likely contain mass limits also, which would be determined using the design flow of the treatment system using the following equation: Mass (lb/day) = Design Flow (MGD) x 8.34 x Concentration Limit (mg/L) The proposed receiving stream is not listed as impaired on the currently approved 2008 303(d) list. Please note that in addition to the limits given above, additional monitoring requirements or limits may be added for other parameters based on information contained in the permit application, any effluent data collected after a permit is issued, or as may be required by any final approved TMDL. These preliminary limits will require EPA approval and therefore, are subject to change. In no way does this letter guarantee that a construction permit or a NPDES discharge permit will be issued. If any assumptions noted herein are proven false, this analysis may be moot. If you have any questions, you can reach us at the contact information listed below. Sincerely, Shane Byrum Staff Engineer NPDES Discharge Permits Section Water Division (501) 682-0618 E-mail: byrum@adeg.state.ar.us Kimberly A. Fuller, P.E. Engineer Supervisor NPDES Discharge Permits Section Water Division (501) 682-0643 Email: fuller@adeq.state.anus ADE-Q A R K A N S A S Department of Environmental Quality APR 2 9 2015 John Metrailer, Project Engineer Pollution Management, Inc. 3512 South Shackleford Road Little Rock, AR 72205 RE: Preliminary NPDES Discharge Limits for Mountain Valley Subdivision Dear Mr. Metrailer: Based on your letter dated April 3, 2015 and additional information received on April 20, 2015 and April 23, 2015, preliminary effluent discharge limits were estimated for a discharge of treated domestic wastewater to Nowlin Creek. This evaluation used a design flow of 0.04 MGD. These preliminary limits would need to be re-evalulated if the final design flow is higher. The following discharge location was used for this evaluation: Discharge coordinates: 34' 50' 10.99" N; 92' 32' 26.79" W Watershed Area at outfall: 12.1 square miles HUC + Reach: 11110207 + 020 Receiving Stream: Nowlin Creek Planning Segment: 3C Ecoregion: Ouachita Mountains County: Pulaski Preliminary Limits for Discharge to Nowlin Creek Parameter Monthly Average Daily Maximum Carbonaceous Biochemical Oxygen Demand CBODS (Ma — October) 10.0 m /L 15.0 m /L (November -A ril) 20.0 m /L 30.0 mg/L Total Suspended Solids TSS (May — October) 15.0 m /L 22.5 mg/L (November — April) 20.0 mg/L 30.0 m /L Ammonia -Nitrogen (NH3-N) A ril 5.2 mg/L 5.2 m /L (May — October) 4.0 mg/L 5.2 m /L (November -- March) 14.7 m /L 14.7 m /L Dissolved Oxygen (DO) (May - October) 6.0 m /L Instantaneous Minimum) (November - April) 2.0 m /L (Instantaneous Minimum) Fecal Coliform Bacteria (FCB) (April — September) 200 col/100 mL 400 col/100 mL (October — March) 1000 col/100 mL 2000 col/100 in ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 721 18-531 7 / TELEPHONE 501-682-0744 / FAX 501-682-0880 www. odeq.stote.a r. u s Preliminary Limits for Discharge to Nowlin Creek Parameter Monthly Average Daily Maximum pH 6.0 — 9.0 s.u. Total Residual Chlorine (TRC) Report* It chlorine is used for disinfection, TRC reporting is required during the first permit term. At time of permit renewal, TRC reported data will be reviewed to determine if reasonable potential (RP) to exceed EPA water quality criteria is shown. If RP is shown, a TRC limit of 0.0 11 mg/L may be added to the renewal permit. Please be advised that these preliminary limits are based on information available at this time on the proposed discharge location and that any of these limits are subject to change based on any data reported for the effluent or data collected in the receiving stream after an application is submitted. The preliminary limits given in this letter are expressed in concentration, but any future permit will most likely contain mass limits also, which would be determined using the design flow of the treatment system using the following equation: Mass (lb/day) = Design Flow (MGD) x 8.34 x Concentration Limit (mg/L) The proposed receiving stream is not listed as impaired on the currently approved 2008 303(d) list. Please note that in addition to the limits given above, additional monitoring requirements or limits may be added for other parameters based on information contained in the permit application, any effluent data collected after a permit is issued, or as may be required by any final approved TMDL. These preliminary limits will require EPA approval and therefore, are subject to change. In no way does this letter guarantee that a construction permit or a NPDES discharge permit will be issued. If any assumptions noted herein are proven false, this analysis may be moot. If you have any questions, you can reach us at the contact information listed below. Sincerely, Shane Byrum Staff Engineer NPDES Discharge Permits Section Water Division (501) 682-0618 E-mail: byrum@adeq.state.ar.us Kimberly A. Fuller, P.E. Engineer Supervisor NPDES Discharge Permits Section Water Division (501) 682-0643 Email: fullerO)adeq.state.anus Carney, Dana From: Joe White <jwhite@whitedaters.com> Sent: Tuesday, June 7, 2016 11:01 AM To: Carney, Dana Subject: Mountain Valley WWTP Attachments: Packaged ISAM short.pdf Dana, Below is a description from the supplier. Some of this is not very "corn bread", but an engineer wrote it and they just can't help it. Also attached are some photos. Let me know if this works. In operation, all flow enters the first compartment of the ISAM where influent solids are allowed to settle much like a primary clarifier. The first compartment is a constant level basin with a baffled inlet and outlet. This basin helps with solids removal. When a gallon enters the reactor a gallon overflows out an underflow baffle to the next reactor which is the surge basin. This basin provides both organic and hydraulic load equalization. Actived sludge bacteria is maintained in the surge basin to immediately react with incoming flow to initiate and accelerate carbon and nitrogen reactions. From the surge basin, liquid is pumped to the sequencing batch reactor (SBR) basin in one complete batch in several minutes, thereby reducing the volume in the surge basin to allow additional equalization storage capacity. The liquid from the surge basin is pumped to the SBR through the jet aspirating nozzle assembly to provide the required oxygen in the SBR for BOD and ammonia removal. A 100% stand by in place SBR feed/mix pump and jet aspirating nozzle is included for redundancy. After the SBR is filled, aeration and mixing continues as required until the surge tank has filled to a level to allow another batch to be treated. Once this level is reached, the contents of the SBR settle in a quiescent condition for a predetermined time with no new flow entering the SBR. After the bacteria settle, the top approximately 25% of the SBR basin which is well above the sludge blanket level in the SBR is decanted to the chlorine contact tank through an air operated decanting device. As soon as decanting starts, chlorine is fed into the chlorine contact tank. The contents of the chlorine contact tank flow through a series of baffles to the overflow in the chlorine contact tank to the final outfall. As soon as decanting is completed, the cycle repeats. 1 v ED C > �_ V o � Q c� U � v � w cn C_ J C O i C N > IL -1) C C � � m Q CO L -_ U 1 {n r s mob. L 0 Aug h U (1) Q V V � Qi � • L L a _O Q co s E cr — co • 9 '� •� O — x O s- V) CL O .Q .— LL o u m cl) s (.) Ira= Iwo ids y m m U) V E m N OL (CL LO d L. 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