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Z-8208 • RIVER MARKET TOWER SHORT -FORM PCD ..U,_ ORDINANCE NO. 19,765 AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED RIVER MARKET TOWER SHORT -FORM PCD (Z-8208), LOCATED ON THE EAST SIDE OF ROCK STREET, BETWEEN EAST 3RD AND EAST 4r11 STREETS, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from UU to PCD: Lots 1 through 6, Block 148, Original City of Little Rock, Pulaski County, Arkansas: Lots 1, 2, 3, Lots 7, 8, 9, 10, 11 and 12, All in Block 16, Popes Addition to the City of Little Rock, Pulaski County, Arkansas and that part of subject property which was fonnerly a north/south 20-foot wide alley, located within Block 16, Pope's Addition to the City of Little Rock, Pulaski County, Arkansas, bounded by East Third Street and East Fourth Street, which was closed abandoned and vacated by the City of Little Rock, Arkansas Ordinance No. 19,676, a certified copy filed for record January 9, 2007, or record as instrument No. 2007002664, Records Pulaski County, Arkansas. SECTION 2. That the approval of River Market Tower Short -form PCD (Z-8208), located on the East side of Rock Street, Between East 3`d and East 4"' Streets is subject to compliance with the following additional conditions: • That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. SECTION 3. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. 4 -1 SECTION 4. That the change in zoning classification contemplated for River Market Tower Short -form PCD (L-8208), located on the East side of Rock Street, Between East P and East 4`h Streets is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section l hereof. SECTION 6. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 7. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: June 19, 2007 ATTEST: \-L/u - 1, &ffzk" Na ki S. Blocker, Assistant City Clerk For Nancy Wood, City Clerk APPROVED AS TO FORM: Tom Carpenter, City Attorney APPROVED: A�kza-o't-' Mark Stodola, Mayor 2 mul7rh a In I LIMA. i i/. Vicinity Map u 0 s Land Use Case: Z-8208 Location: E. of Rock St., Between N E. 3rd & E.4th Streets Ward: l PD: 5 CT: 1 0 200 400 Feet TRS: TIN R12W2 V Vicinity Map PR 1 NPUMMrM U&I N �W411= Area Zoni Case: Z-8208 Location: E. of Rock St., Between N E. 3rd & E.4th Streets Ward: 1 PD: 5 CT: 1 0 200 400 Feet TRS: TIN R12W2 A 1-2 _• _ Z-8208 ■ RIVER MARKET TOWER SHORT - FORM PCD Yi • � :ram _ �. {`��„i • �:. �{Yin'.' � � '_•. �� C� _ �.. � �--. �. '=.ice �� -.n %I--, Z-8208 0 RIVER MARKET TOWER 0 SHORT - FORM PCD o-, EtCity of Little Flock _ 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 11, 2007 Moses, Tucker Real Estate 200 South Commerce Street, Suite 300 Little Rock, AR 72201 Planning Zoning and Subdivision Re: River Market Tower Short -form PD-R (Z-8208), located on between East 3rd and 4th Streets Dear Sir or Madam: Enclosed please find a copy of an Ordinance adopted by the Board of Directors at their June 19, 2007, Public Hearing approving the above referenced development. If you have any questions concerning this ordinance, please feel free to call me at 371-6821. Sincerely, Donna James, AICP Subdivision Administrator OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JUNE 19, 2007 AGENDA Subject An Ordinance establishing a Planned Zoning District titled River Market Tower Short -form PCD (Z-8208), located on the East side of Rock Street, Between East 3rd and East 4`h Streets. Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION CITIZEN PARTICIPATION Action Required 4Ordinance Resolution Approval Information Report Submitted By Bruce Moore Citv Manager The applicant is seeking a rezoning of the site from UU, Urban Use District to PCD to allow the development of the site with a 20 story tall tower containing 150 units of residential housing, parking contained in a parking deck and ground floor retail. I None. Staff recommends approval of the requested PCD zoning. The Planning Commission voted to recommend approval of the requested zoning by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. The Planning Commission reviewed the proposed PD-R request at its May 24, 2007, meeting. There were no registered objectors present. The Downtown Neighborhood Association, the River Market Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. BACKGROUND River Market Tower will be located on the block bounded by Third, Fourth, Rock and Commerce Streets. In addition, to the residential tower, the block will include a 119 room Hampton Inn and Suites Hotel to be developed by the McKibbon Hotel Group of Gainsville, Georgia (the same group that owns and operates the Courtyard Marriott in First Security Center) and a renovated Tuf-Nut Loft Building (located on the southwest corner of the block) to include approximately 6,000 square feet of new retail space along Commerce Street. River Market Tower will offer approximately 150 units of residential condominiums, approximately 400 structured parking spaces for owners and ground floor retail space. An urban garden in the center of the block with a water feature will link to Third Street through a 35-foot wide "paseo". River Market Tower will be a 20-story high rise project with supporting ground level retail. There will be approximately 150 residential units, approximately 6 square feet of UUEdZfloor retail ace and anuroxirnatel�t 400 parking s�� The commercial space will front on Third Street, while the residential units will occupy floors five through nineteen. The building will be capped with a party room and observation terrace on the twentieth floor. The building will be a modern, cast -in -place concrete structure with expansive glass walls in all units. Brick will accent the base of the building and portions of the tower. The tower will sit atop the building garage, which will cover the west half of the block. A pedestrian walkway ("paseo") will abut the east side of the tower connecting Third Street to a small, urban plaza in the center of the block. The new Hampton Inn and Suites Hotel and renovated Tuf-Nut retail space will surround the plaza. The entire investment in the block will have a market value in excess of $82 million. River Market Tower will contain a mix of unit types and sizes, including contemporary loft and traditional condominium units. Units on floors six through seventeen will average 1,200 square feet, inclusive of balconies and will be completely finished. Shell units will comprise 2 BACKGROUND floors eighteen and nineteen (a total of ten) averaging CONTINUED 2,800 square feet in size. Buildings amenities will include a fitness center, concierge service, swimming pool and gardens, tennis court and basketball court. Please see the attached Planning Commission minute record and site plan for the applicant's specific development proposal and the staff analysis and recommendation. ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED RIVER MARKET TOWER SHORT -FORM PCD (Z-8208), LOCATED ON THE EAST SIDE OF ROCK STREET, BETWEEN EAST 3RD AND EAST 4TH STREETS, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from UU to PCD: Lots 1 through 6, Block 148, Original City of Little Rock, Pulaski County, Arkansas: Lots 1, 2, 3, Lots 7, 8, 9, 10, 11 and 12, All in Block 16, Popes Addition to the City of Little Rock, Pulaski County, Arkansas and that part of subject property which was formerly a north/south 20-foot wide alley, located within Block 16, Pope's Addition to the City of Little Rock, Pulaski County, Arkansas, bounded by East Third Street and East Fourth Street, which was closed abandoned and vacated by the City of Little Rock, Arkansas Ordinance No. 19,676, a certified copy filed for record January 9, 2007, or record as instrument No. 2007002664, Records Pulaski County, Arkansas. SECTION 2. That the approval of River Market Tower Short -form PCD (Z-8208), located on the East side of Rock Street, Between East 3rd and East 4 h Streets is subject to compliance with the following additional conditions: That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. SECTION 3. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 4. That the change in zoning classification contemplated for River Market Tower Short -form PCD (Z-8208), located on the East side of Rock Street, Between East 3rd and East 4d' Streets is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section I hereof. SECTION 6. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 7. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: APPROVED: City of Little Rock Clerk APPROVED AS TO FORM: City Attorney Mayor 2 Er f Vicinity Map Land Use Case: Z-8208 Location: E. of Rock St., Between N E. 3rd & E.4th Streets Ward: 1 PD: 5 CT: 1 0 200 400 Feet TRS: TIN R12W2 Z-8208 RIVER MARKET TOWER SHORT`- CORM PCD % -1 RAI tylve t - .Z 8208 RIVER MARKET TOWER SHORT: FORM PCD Z-8208 • RIVER MARKET TOWER 7�". SHORT - FORM'PCD City of Little Rock Department of Planning and Development Planning 723 West Markham Street Little Rock, Arkansas 72201-1334 Zoning and Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision May 29, 2007 Moses Tucker, Real Estate 200 South Commerce Street, Suite 300 Little Rock, AR 72201 Re: River Market Tower Short -form PCD (Z-8208), located on the East side of Rock Street, Between East 3rd and East 4th Streets Dear Sirs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on May 24, 2007: Approved with conditions. X Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. Your item will be forwarded to the Board of Directors on June 19, 2007 for final action. The meeting begins a 6:00 pm and you or your representative will need to be present. If you have any questions please do not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator 05115i 20W 08: 42 5013406820 ROAD BRIDGE ty ruk 3w DROWN me WtItN X WEAN aarmz$ Lmmft�K WW&ffw*u paeos: 6 PAGE 01 bau' S` is--2 o0 7 e F-17A �c..b/, C- dam ease utwattt ❑ por Few,,. Cg ' wee P'"" COnnnent p Moot EN[loSe c✓ RfcG gc Y / l //' (1 S `' Gti ��� f Qucs�ja� �alGr9,.I ° 01� Illo i -dt4, /_r., _ r ,r 05/15/2007 09:42 5013405820 ROAD BRIDGE PAGE 02 04/13/2D07 7220 wr PUBLIC 19OTICK rr The Federal Aviation Adminstration is conduoting an study concerning the following:- Aeronautuieal Study No. (ASN) 2007-A6w-16-U$ atruCtuxee Building {gg Ccrnar this paint) Lceation: Little. knC-k, AP Latitude: 34-44.42.10 N Longitvde: "3 15-.20 W Heights: 245 feat abasro ground level fAGL; 524 feet above mean sea Tavel (p-r4gL, Th4 st_.xctu.re dsmcribed abo':e CxeQedg elig!bobEtruction atandaxds. To be 2007-0s-$0 - for caasideration, Com+rsrte mUnt be receivad on or before 7'0 access complete details regarding thfa dete.tminat.o, uae w�iew Circularized Cases on the Internet at http3//osaaa.fda gtyv and, search by State and ASN, or Contact our office at (217) 338-i991 "gnature cantrol No: 497018-100018665 9' 05,115l2007 09:42 5013406820 ROAD BRIDGE PAGE 03 Federal Aviat&L Air Trarflt Asrspaaa• 8r * y_ 2601 Keacham Blvd, It .LY 0 f" Fort Worth, TX 79137-05 y •T us POSTAOr. � f+�fi7nd Fty,s, ;�a�S•• Pulaski County County Judge 201 S_ Broadway Suite 400 I,Yttle Rock, AR 72701 05/15/2007 09:42 5013406820 ROAD BRIDGE PAGE 04 R,*derai Avigtiva Adm;nist,-at-on ' Air Traffic Airs ace Draira AeronauCica..l Study 1dc- p Bra-520-i 2007-AGSQ 7._=g_OL 5cl Meacham Blyd. Fort Worth, TX 76137-052^ Issued Data; 07/26/20o7 James Moses, Jr. River Market Tower, I,L,c 200 s. Commerce St. 1,itt;".e rock, AR 72.205 ** NOTICB OF pRBBUKED HAZARD wr The Federal i4Yiation Administration has car.,ducted an aeronautical study utldex the ptavisiol7B of 45 U.S-C., Section 44718 and if applicable Title 14 of the crOd4i Of rederai Regulatione, part 77, conce=ing: Structure: Building BE Corner Location: Little Rock, AR T...at_ttide: 34-44-42_lo N d'An 83 Longitude; 92-16-.70 W -Heights: 245 feet above ground lcx=el IAGL) 524 feet above mean sea level (AMSL) Ini¢igl f:rifli:195 of this study indicated thsc ,;he structure as deperibed :ice^de Qbstx-acsion standards a:would d/ox have an adverse physical or e?ect:-omag:+etic 'r:texfarence e_#att upor_ navigable airspace or air navigation facilipties, r7endi4g resolution of the isatew described below, the structure is resumed to be & h-.Raid to air navigation. sea attachment for additional information. N'J—F: PENDTN^v RESCLUTION Of TKE ISSUE (s) OESCRIBED ABOVE, TFZ STRUrTURE IS ?RESU421) TO BF.. A iJAZARD To AIR VAVTGATI01d_ THIS Zp -- DOSSNO^_ IiTJTH.OitTT.E 0ONS?RUCTION OF TF.E STRUCM-P? EVEN A" A P.Etj11C'RD I3E GtiF. ANY R£�17LU7IDN OF ?NE 3: SD S51 flI3SCk1BED ABOVE MUST AE cOMMUpICATED To Try r^A?� AN THAT A TIONPor DETERMrNAT"N CAN SU8S7QVEA"TLY BE rssUE�. TF MOR3OWT ON,. 60 DAYS FR❑tiT T?-$ PATS OF T?"S LLMR HAS E1APS_rD ',CrITHOUT ATTEMPTED R�SO?,trtSON, 2T WTLr. BE NCCES8ARy rOR YOU TO RRAC"_•irATZ THE S1'MY .BY F.T.LING A NEW FAA -CRM 7460-1, NOTICE OF PROPOSE') 10`4STRUCTIO OR ALTERATICN. IP we can be of furchex assistance, please contact our office at i817)839-1997. On any suture corresparedenes co.^,cernj„eg this mattez. please refer to Aeronautical Study Number 2007-ASW-lei-Or_ �9+��uY'e Ganzrai. a«Lax 4F7B1B-5313T9 i Iiougla:s Felix - .�.. ."` _"'. �.. (.T•.•iPH} Specialist Attachment(s) Additional I_ntrormgtion Case 'Description Map Page 05/15/2007 09:42 5013406820 ROAD BRIDGE PAGE 05 Additional SplosmatioO for Ate' .2007-ASW-18-0S N : This analysis considered 4 comer '1 '' submitted for: FAA aeror,au.tiCal studi¢a ap07_ASwOf a V.-Oposed b>wildi.ng as t.ne NE rind 15, _G, 17, ar,a 18-OLna which are SE corners reapectfvely. The proprJ'aed 245 foot A= r 524 foot AMSL bUildir� cnnat:zCtion at tts closest pOint to Ade-me Field Airport, L tr.10 Pik Arkansas, Would ba 10Cated appxwrimately 5,085 feet west / nerthwest of the approach end of ids:-yway 18- The bu-la-rcg proposal would exceed the obstxuctiQn sta;dard9 of the Code of ?edcral Regulatir.Is, part 77, as follows: Section 77.23(a) (2) by 45 feet - a height th'4z exceeds 200 feet above ground level (AGL) elevation within 3-0 _v as applied to Adams Field Airport, The no effect height would be Zoo feet A(M % 479 feet A'MSL. - Section 77.23 (a) {3} by 74 fepet - a height that increases minimum instrument flight altitude within a t¢.rminal area tTERp's critc,ia)- The no effect height would be 1.71 feet AGL / 45C feet NOTEe The no effect height with the submission of a certified 1-A aCcur�,c_v code survey would be a height of 181 feet AGL / 46o feet.AMSL. A certified 1-A accU-aey code survey attests that the geographical coordinates and .heights are correct with an accuracy of •�/- 15 fee: hoxizorncaily and +-/- 3 Foet vertically. The $carve„ rxsst contain all accuracy Cede statement. - Sectior_ 77.23 (a)(,5) by 112 feet - a height exceed,,ng the horizontal surface 150 zMet above airport elevation within 10,oeo feet as applied to Adams Field Airport. Th•e no effect height would be 13$ feet AGL / 412 feet AMSX A favorable. datermination can be issued isnmediate,y at a etructsre height of 133 Feet AOL / 412 feet AMSL. A structure height VOT To Excg= 181 Peet AGL i6o feet A14SL will ruquire the sul"ias-or, sat a Certified -,-A accuracy code *urvev Eor the four uOrnex points of the build.icg and that You to rarra"t that =hu °AA conduct furehex a[eti"OtxautiCaz study ❑f your proposal. `urtkler aeronaattiaal stucv e:ttai.ls the circtlar_xa?ion of }roµr proposal to the Public for commer_tThis . process requires_ appxoxmatsly go to 120 days from the date that fur This is requested bafore any reaultirg determination would Le effective. rthe of the date=*rt nation can'The n,lture not be prejudged prior to ptiblzc circularizstioy. ~jrther studs may be ,er.Jueated by the :sponsor within Go days of the date of this letter. Ar:y strt.Gture height exs:(2pding 171 feet AQL 45C fe¢t A.,4aL ;3g1 feet A{3L % �l6G €set AiASL with a certified 1-A a'tcuTacf ''ode survey) wo ld have substantial adveree effects au Ss ardard inst stuar.t approach procedures (StAps) at Ada!nB Fzald and would warraLit a 7eCelminatioxi of Hazard to air navigation. Page 2 05/15'2007 09:42 5013406920 ROAD BRIDGE PAGE 07 Case Demcriptioa for ASN 20o7-ASW.1g_Og The 'Fuildyng cornsista residential cordomium� wii 'r.•o levsl commarcial/ ratai], space, - chord ptirking and gr%u_nd Page 3 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT �IL�7.�ilif:7�LYla7��Y1<.YI�YI���[�11,f�M•(�]�IIYOI��:Z�]��1:�11'L:711� GENERAL LOCATION OR ADDRESS: located on Rock Street between East 3rd and 4`h Streets OWNED BY/APPLICANT: Moses Tucker Real Estate REQUEST: River Market Tower Short -form PCD Z-8208 a request to rezone the site from UU Urban Use District to Planned Commercial Development to allow the construction of street level retail 150 units of residential condominiums and a parking structure for approximately 400 automobiles. NOTICE IS HEREBY GIVEN THAT an application for Planned Zonis Develo rnent of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L. R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on May 24, 2007 at 4:00 P.M. This notice is provided in order to assure that area residents are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna James) at 371-4790. NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT GENERAL LOCATION OR ADDRESS: located on Rock Street between East 3`d and 41h Streets OWNED BY/APPLICANT: Moses Tucker Real Estate REQUEST: River Market Tower Short -form PCD (Z-8208), a request to rezone the site from UU, Urban Use District to Planned Commercial Development to allow the construction of street level retail 150 units of residential condominiums and a parking structure for appyoximately 400 automobiles. NOTICE IS HEREBY GIVEN THAT an application for Planned Zoning Development of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L. R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on May 24, 2007 at 4:00 P.M. This notice is provided in order to assure that area residents are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna James) at 371-4790. ADDRESS APT UNIT CITY STATE ZIP ZNUMBER 200 S COMMERCE ST LITTLE ROCK AR 72201 z-8208 220 S COMMERCE ST LITTLE ROCK AR 72201 z-8208 308 S ROCK ST LITTLE ROCK AR 72201 z-8208 310 E 3RD ST LITTLE ROCK AR 72201 z-8208 330 E 3RD ST LITTLE ROCK AR 72201 z-8208 410 E CAPITOL AVE LITTLE ROCK AR 72201 z-8208 423 E 3RD ST LITTLE ROCK AR 72201 z-8208 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 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE:April 19, 2007 TO: Downtown Neighborhood Association ATTENTION: Ms. Sharon Welch Blair ADDRESS: P.O, Box 164485 Little Rock, AR 72216 Planning Zoning and Subdivision REQUEST: River Market Tower Short -form PCD (Z-8208), a request to rezone the site from UU, Urban Use District to Planned Commercial Development to allow the construction of street level retail, 150 units of residential condominiums and a arkin structure for approximately 400 automobiles. GENERAL LOCATION OR ADDRESS: located on Rock Street between East 3`d and 4a' Streets OWNED BY/APPLICANT: Moses Tucker Real Estate NOTICE IS HEREBY GIVEN THAT an application for a PIanned Zoning District of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on .N-Iay 24, 2007 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE: April 19, 2007 TO: River Market Neighborhood Association ATTENTION: Mr. Tim Heil2le ADDRESS: 319 President Clinton Avenue Little Rock AR 72201 REQUEST: River Market Tower Short -form PCD Z-820$ are uest to rezone the site from UU Urban Use District to Planned Commercial Development to aIIow the construction of street level retail 150 units of residential condominiums and a parking structure for aproximately 400 automobiles. GENERAL LOCATION OR ADDRESS: located on Rock Street between East 3ra and 4th Streets OWNED BY/APPLICANT: Moses Tucker Real Estate NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning District of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on May 24, 2007 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development I.. LJ— Ap_'i] 10, "(.t(i7 .0 MOSES TUCKER REAL ESTATE April 10, 2007 Mr. Dana Carney Department of Planning and Development 723 W. Markham Little Rock, AR 72201 Re: P.Z.D. — River Market Tower Dear Dana: Enclosed is the information required for obtaining approval of a P.Z.D. for Moses Tucker Real Estate's latest project - River Market Tower. As I understand it, 2 waivers to the "W" zoning make this application necessary. They are: 1. The building has 20 stories, which is more than the limit 2. The building has 150 condos on 1.26 acres (55,000 square feet), which is more than the limit per acre. If you need anything else, we will be happy to provide it. Thanks. Everett Tucker, III Commercial Brokerage • Management • Leasing • Developement • Consulting 200 S. Commerce, Suite 300 • Little Rock, Arkansas 72201 • Phone 501-376-6555 • Fax 501-376-6699 www.mosestucker.com sfpzd.doc 2 09/22/05 APPLICATION FOR PLANNED ZONING DEVELOPMENT - SHORT FORM CASE FILE NO. Z- PLANNING COMMISSION MEETING DOCKETED FOR at a.m. Application is hereby made to the Board of Directors of Little Rock, Arkansas through the Planning Commission pursuant to Arkansas law on City planning, Act 186 of 1957, Acts of Arkansas, and Section 36 of the Little Rock Code of Ordinances as amended, petitioning for classification of the following described area as a Short Form Planned Zoning Development. Legal Description: L o i f 9' f '*- MCI CI r uL L'_pU k t7(,h d]'- kgY15 141 Title to this property is vested in:, ,"1 I VLk- Ma Y 100 Sy LJL' L L_ t If an individual other than the title holder files this application, attachment of a letter is required authorizing this person to act on behalf of the title holder. It is desired that the boundaries shown on the District Map be amended and that this area be amended and that this area be reclassified from the present U (1 District to District. Present Use of Property Desired Use of Property It is understood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least fifteen (15) days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission must be circulated by the applicant to all other parties in interest, including owners of land within 200 feet of the boundary of the area under consideration as required by the rules of Yie Commission, and that the cost of these notices shall be borne by the applicant. l+yA r r (OWNER) / ^ J_L, A—, MAIL ADDRESS: � J . L4- i A �j 0o or (AGENT) HOME PHONE: L BUSINESS PHONE: �a S S FILING FEE: P.C. APPROVED: 612 41 to ( Collectors P.C. DENIED: $ l paid stamp BD. OF DIR. APPROVED: here ORDINANCENO.. % Signatute�crcpry of Commission or Authorized Alien[ sfpzd.doc 7 09/22/05 STREET RIGHT-OF-WAY AGREEMENT CASE NO. Z- " DATE DOCKETED FOR MEETING ON LOCATION/ADDRESS I, 9 r- ► I ( (,t (_kE r ` , do hereby agree/4ifi s to dedicate to the public any needed right-of-way as required by the Master Street Plan for a public street abutting property on which I am requesting Planned Zoning District. I, 9,E rl r u tE' Y� , agree/disagree to provide at my expense an easement deed and/or other documents as necessary conveying such right-of-way to the public. APPLICANTIOWNER� LVR "1 C DATL7 ( V (IF THE ABOVE SIGNATURE REPRESENTS AN APPLICANT OTHER THAN THE TITLE HOLDER, ATTACHMENT OF A LETTER IS REQUIRED AUTHORIZING THIS PERSON TO ACT IN BEHALF OF THE TITLE-HOLDER.) sfpzd.doc 6 09/22/05 I,4,i tqQ(.- authorize AFFIDAVIT certify by my signature below that I hereby to act as my agent regarding the of the below described property. Property described as: r _ gnature of Title Holder 61a Y)� /W -,'l � Su scribed and sworn to me a Notary Public on this My Commission Expires: N-oy-Iq L-L� Date t 0 41 Notary Public day of OFFICIAL SEAL LISA ANN SPANN NOTARY PUBLIC-ARKANSAS GRANT COUNTY MY COMMISSION EXPIRES: 04-04-14 sfpzd.doc 3 09/22/05 INFORMATION SHEET FOR SUBDIVISION, PZD's ZONING OR SUBDIVISION SITE PEAN REVIEWS ITEM NO. DATI--, y.r�,o� FILE NO, 9 ` NAME: LOCATION: _CA 01,44 1!�4 -;;(L<�4J,A 3-4 -b 4+ DEVELOPER: v i LJS-Q,11 II '(L7 STREETADDRESS! �U S. (]] 1►'Y11rY{/�j_� 71�� CITY/STATE/ZIP Q TELEPHONE NO. L�J S 5 5 ENGINEER:1 rn G t ��fYS I- � C 41 k STREET ADDRESS ' \ Q rl % N CITY/STATE/ZIP Li f4 Ll '7 ZZ Z 3 TELEPHONE NO. _ _ 1' 1 - 1 � �] AREA 55, C) V 0 S} NUMBER OF LOTS FT. NEW STREET O ZONING V " PROPOSED USES PLANNING DISTRICT CENSUS TRACT VARIANCES REQUESTED 1.) 2.) 3.) 4.) Development Program Building Program RIVER MARKET TOWER will be a 20-story high-rise project with supporting ground level retail. There will be approximately 150 residential units, approximately 6000 square feet of ground -floor retail space and approximately 400 parking spaces. Parking will occupy the rear portion of the first floor and all of floors two through five. The commercial space will front on Third Street, while the residential units will occupy floors five through nineteen. The building will be capped with a party room and observation terrace on the twentieth floor. The building will be a modern, cast -in -place concrete structure with expansive glass walls in all units. Brick will accent the base of the building and portions of the tower. The tower will sit atop the building garage, which will cover the west half of the block. A pedestrian walkway ("paseo") will abut the east side of the tower connecting Third Street to a small, urban plaza in the center of the block. The new Hampton Inn & Suites hotel and renovated Tuf-Nut retail space will surround the plaza. The entire investment in the block will have a market value in excess of $82 million. RIVER MARKET TOWER will contain a mix of unit types and sizes, including contemporary loft and traditional condominium units. Units on floors six through seventeen will average 1200 square feet, inclusive of balconies and will be completely finished. Shell units will comprise floors eighteen and nineteen (a total of ten) averaging 2800 square feet in size. Building amenities will include a fitness center, concierge service, swimming pool and gardens, tennis court and basketball court. Beach Abstract & Guaranty Company, Inc. 100 Center Street - P.O. Box 2580 Little Rock, AR 72203 (501) 376-5652 Facsimile (501) 376-5625 April 6, 2007 Mr. Rett Tucker Moses Tucker Real Estate 200 S Commerce, Suite 300 Little Rock AR 72201 Beach #S07-4007 Dear Mr. Tucker: We have examined the records of Pulaski County, Arkansas, up to March 9, 2007 at 7:00 A.M. as to the property lying within 200 feet to the property described, to wit: Lot 1, River Market Place an Addition to the City of Little Rock, Pulaski County Arkansas 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. iartment If you have any Questions Call Donna @ 501.376.5652 Mr. Tucker Page 2 Owners: Legal Descriptions: 3=d and Commerce LLC Lots 10-12 & S8.5' of Lots 4 & 9, Block 9, 201 E Markham Street - Suite 100 Pope's Addition, Little Rock, AR 72201 Lots 7-9 & S17' of Lot 10 Exc the W86.54', Block 37, Original City of LR Units 100, 150, 200, 300, 400, and 500 Arkansas Capitol Commerce Ctr HPR Instrument #'s 2001-045539 2001-045540,and 2001-47266 City of Little Rock Lots 7-12, Block 15, Pope's Addn City Hall Instrument # 2000-075435 500 West Markham Rm. 338 Little Rock, AR 72201 MHG of Little Rock AR, LLC Lot 3, River Market Place 402 Washington Street - Suite 200 Instrument # 2007-023217 Gainesville GA 30503 River Market South, LLC All of Block 149 Original City of Little Rock 200 South Commerce #300 and all of Block 17, Pope's Addn Little Rock, AR 72201 Instrument # 2005-093763 United States Postal Service Post Office Replat (Lot 1) 1407 Union Avenue Instrument # 93-31802 Memphis, TN 38166-0330 J A P Corporation Unit 100, Tuf-Nut Building HPR 423 East Yd Street Instrument # 99-08666 Little Rock, AR 72201 Tuf-Nut Lofts LLC Units 201-215, 301-308, Tuf-Nut 201 East Markham, Suite 100 Building HPR Little Rock, AR 72201 Instrument # 99-013179 Creative Capital Corp, LLC Units 216-223, Tuf-Nut 423 East Yd Street, Suite 100 Building HPR Little Rock, AR 72201 Instrument # 99-071842 300 Third LLC Part of Lots 3 thru10, Block 37 200 S Commerce Street - Suite 300 Original City of Little Rock Little Rock, AR 72201 Instrument # 2005-075893 Mr. Tucker Page 3 Owners: Yellow Rock LLC 425 W Capitol Avenue, Suite 300 Little Rock, AR 72201 Grace Properties, LLC (undivided'/z Interest) 720 Ramsey Street Ramsey, AR 72503 Walthour-Flake Co. Inc (undivided/2 Interest) 400 W Capitol Avenue, Suite 1200 Little Rock, AR 72203 Central Arkansas Transit Authority 312 W Capitol Avenue Little Rock, AR 72201 WECC Investments, LLC 200 S Commerce, Suite 601 Little Rock, AR 72201 Pauline Johnson -Brown P.O. Box S 3123 Carmel CA 93921 Anderson Cranford 111 E Markham Suite B607 Little Rock, AR 72201 Carroll and Sherry Rowbotham 200 Commerce Drive Little Rock, AR 72201 Jeffrey Richmond 200 Commerce Street - Suite 606 Little Rock, AR 72201 Legal Descriptions: The N38' of Lot10, and all Lots 11 & 12 Block 38, Original City of Little Rock Instrument # 2000-090766 Lots 7 thru 9, and S12' of Lot10, Block 38 Original City of Little Rock Instrument # 2005-023070 Lots 7 thru 9, and S12' of Lot10, Block 38 Original City of Little Rock Instrument # 2005-010332 Lots 7-12, Block 39, Original City of Little Rock Instrument # 98-078113 Units 601 and 602, Arkansas Capital Commerce Center HPR Instrument # 2002-174540 Unit 603, Arkansas Capital Commerce Center HPR Instrument # 2002-193567 Unit 604, Arkansas Capital Commerce Center HPR Instrument # 2002-157299 Unit 605, Arkansas Capital Commerce Center HPR Instrument # 2006-091220 Unit 606, Arkansas Capital Commerce Center HPR Instrument # 2005-012091 Mr. Tucker Page 4 Owners: Legal Descriptions: Ryan Gossett and Michael Banic Unit 607, Arkansas Capital 200 Commerce Street - Suite 607 Commerce Center HPR Little Rock, AR 72201 Instrument # 2002-170580 Snow Lake, LLC Unit 608, Arkansas Capital 111 Center Street Commerce Center HPR Little Rock, AR 72201 Instrument # 2005-033571 Joel Jacobson, Trustee of The Burlingame Trust Unit 701, Arkansas Capital 10845 W Olympic Blvd Commerce Center HPR Los Angeles CA 90064-2548 Instrument # 2002-146158 Crain Investments, L.P. Units 702 and 703, Arkansas Capital 425 W Capital - Suite 1584 Commerce Center HPR Little Rock AR 72201 Instrument # 2002-160946 704 Commerce, LLC Unit704, Arkansas Capital 2400 Cantrell Road - Suite 105 Commerce Center HPR Little Rock AR 72202 Instrument # 2002-156712 Shelby and Theresa McAdams Unit705, Arkansas Capital 2909 Justin Matthews Drive Commerce Center HPR N Little Rock AR 72116 Instrument # 2002-163213 James Poe Jr Revoc Trust Unit 706, Arkansas Capital 200 Commerce Street - Suite 706 Commerce Center HPR Little Rock, AR 72201 Instrument # 2006-053342 Philip Corder Unit 707, Arkansas Capital P.O. Box 543023 Commerce Center HPR Dallas TX 75354 Instrument # 2006-60999 Hunter Gray Unit 708, Arkansas Capital 200 Commerce Street - Suite 708 Commerce Center HPR Dallas TX 75354 Instrument # 2004-085792 sfpzd.doc 5 e _ ti 09/22/05 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A SHORT -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at: Address: � % 1_J "6 " � D a-,_ General Location: % G4 k4 ff d 0, W tAj u, Owned by: � ; V L4--- M A v ( t....l. S D L 2 � L LC NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above prope requesting a change of classification from U U District to has been filed with the Department of Planning and Development. A public hearing on said application will be held by the L' Rock Planning Commission in the oard of Directors Chamber, Second Floor, City Hall, on Ct 14 at p.m. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 W. Markham, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I hereby certify that I have notified all the property owners of record within 200 feet of the above property that subject property is being considered for rezoning and that a Public Hearing will be held by the Little Rock Planning Commission at the time and place �described Cabove. Applicant (owner or authorized agent)(Na Cam} 1 -7 (Date) I Development Program WHIN! war IN HE HE Il IF, DIE' II1 Ui10911 .�1 H E ! ,t� ut '1111��U�t 4 k f11N MIMfiHlilk PE ' t,� 7 j� U ��IN[ It Ail Building Program RIVER MARKET TOWER will be a 20-story high-rise project with supporting ground level retail. There will be approximately 150 residential units, approximately 6800 square feet of ground -floor retail space and approximately 400 parking spaces. Parking will occupy the rear portion of the first floor and all of floors two through five. The commercial space will front on Third Street, while the residential units will occupy floors five through eighteen. The building will be capped with a party room and observation terrace on the twentieth floor. The building will be a modern, cast -in -place concrete structure with expansive glass walls in all units. Brick will accent the base of the building and portions of the tower. The tower will sit atop the building garage, which will cover the west half of the block. A pedestrian walkway ("paseo") will abut the east side of the tower connecting Third Street to a small, urban plaza in the center of the block. The new Hampton Inn & Suites hotel and renovated Tuf-Nut retail space will surround the plaza. The entire investment in the block will have a market value in excess of $82 million. RIVER MARKET TOWER will contain a nix of unit types and sizes, including contemporary loft and traditional condominium units. Units on floors six through seventeen will average 1200 square feet, inclusive of balconies and will be completely finished. Shell units will comprise floors eighteen and nineteen (a total of ten) averaging 2800 square feet in size. Building amenities will include a fitness center, concierge, tennis court and basketball court. rrro A M P L/�, C E . -1 11 � T -R "I RIVER MARKS-T City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision DATE: April 17, 2007 ❑ ENTERGY (2) ❑ CenterPoint Energy ❑ AT & T (2) ❑ Central Arkansas Water ❑ Little Rock Wastewater ❑ Pulaski County Planning VLittle Rock Fire Department ❑ Public Works: Engineering, Traffic (2) ❑ Parks and Recreation Department I" NAME: River Market Tower Short -form PCD TYPE OF ISSUE: Planned Commercial Development — Residential and Commercial FILE NUMBER: Z-8208 LOCATION: East side of Rock, Between E. 3rd and E. 41' Streets rlanning anti I)evelopment — bite Plan Keview ❑ Planning and Development Graphics ❑ CATA TO WHO IT MAY CONCERN: On May 24, 2007, the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on April 27, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on May 3, 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. S'ncerely . J2�) Do ames, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: osure ut City of Little Dock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663 DATE: April 17, 2007 ENTERGY (2) CenterPoint Energy AT & T (2) Central Arkansas Water Little Rock Wastewater Pulaski County Planning Little Rock Fire Department Public Works: Engineering, Traffic (2) Parks and Recreation Department Planning Zoning and Subdivision NAME: River Market Tower Short -form PCD TYPE OF ISSUE: Planned Commercial Development — Residential and Commercial FILE NUMBER: Z-8208 LOCATION: East side of Rock, Between E. 3rd and E. 4`h Streets Planning and Development — Site Plan Review Planning and Development Graphics CATA TO WHO IT MAY CONCERN: On jM3v 24. 2007. the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on April 27, 2007. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on May 3, 2007. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. S'ncerely Da awes, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: Enclosure City of Little Flock Department of Planning and Development' Planning 723 West Markhan, EkjacA Zoning and Utde Rock, Arkcrosae. 7MO1-1334 Phone: (501) 371.4790 Fax: (3O1) 389-3435 c4 371-MM Subdivision D,kTE: April 17, 2007 p ' ENTERGY (2) NAM..E. River Market Tower Short -form PCD V CenterPoint Energy ❑ AT & T (2) TITE OF ISSUE. Planned Commercial Development -- ❑ Central Arkansas Water Residential and Commercial ❑ Little Rock Wasty ater ❑ Pulaski County Punning FILE NCy BER: Z-8208 * Little Rock Fire iDk;paittnent I , ,h iOIrT: Fast side oCRock, Between I .3" aria E. 4 C Public Works: Enginccring, Txafric (2) Streets treets ?arks and Rce.rea6on Department ❑ Planning and Dcvalopuieni — Site Plan Revitu ❑ Planning and Development Graphics, ❑ CATA TO WHO IT MAX CONCERN: On ?1lay 24. 2007, the Little Rock Planning Commission Will consider the above referenced issue. NOTE: The Interdepartmental lvi;eeting at which this issue will be diseus+cd will beheld on April 2.. 2007. NOTE : The Subdi.1sion Committee Meeting at wllcb tlus issue will be discussed %till be held on May 3. x4in7_ A cope of the plan for tLe rekmnced issue is enclosed• for your consideration, and your eonim.cnts and/or recommendations will, be appreci.rrt ed, 3ncereI�r. o tasTsmes, A lCP SubdiAsion ,administrator (Please respond below and return this letter with your conamcttta fit our records.) Ap3 roved as Submitted. PLEaSE 12 TURN COMMENTS BY Eastment (s) required (S,e attached plat or deseription.) *To all utilities: If an casement is a-eque•rted which is itz axcew of 10feel in width, providejuszr_'ficalion.jor lha easement or fhe request will nor he inclutdard in the fifannnzg C'ornmis-,don agenda. Comments: Suclosum r-rA 2#,, e.0 C -i n a .. . I 1 d 401AI S9U2111d"JOa912 2- ' - `dZ`dld 3D`dld 13)IIIVW ld3nl2! J � T) LL W l,1 � I MRIlH—I "—ly^ ocl swo W U Q n W Q W a 0 Overview RIVER MARKET TOWER will be Little Rock's most innovative approach to condominium living. Situated at the south end of the River Market District in a project to be known as "River Market Place", the tower will be Moses Tucker Real Estate's forth condominium project in the neighborhood. RIVER MARKET TOWER will combine the best of Little Rock's downtown amenities with a building of unique character and highest quality. Location RIVER MARKET TOWER will be located on the block bounded by Third, Fourth, Rock and Commerce streets. In addition to the residential tower, the block will include a 119 room Hampton Inn and Suites hotel to be developed by the McKibbon Hotel Group of Gainesville, Georgia (the same group that owns and operates the Courtyard Marriott in First Security Center) and a renovated Tuf-Nut Loft Building (located on the southwest corner of the block) to include approximately 6000 square feet of new retail space along Commerce Street. Residents of the Tower will enjoy the exciting amenities of the River Market District including the Market Hall, Downtown Library, Clinton Presidential Library and numerous restaurants and shops. The new downtown gourmet grocery being developed at 300 Third Tower will be just across the street. Access to the River Rail Trolley system will be available at the corner of 3rd and Commerce. Bikers and joggers will be only three blocks away from the new River Trail. M Overview Building Program RIVER MARKET TOWER will offer approximately 150 units of residential condominiums, approximately 400 structured parking spaces for owners and ground floor retail space. An urban garden in the center of the block with a water feature will link to Third Street through a 35 foot wide "paseo". The building will be primarily clad with a glass curtain wall that offers unusual amounts of windows to its residents. Brick will accent the building, particularly on the lower levels. Immediate views will include the Clinton Library and Arkansas River to the east, the River Market to the north and the downtown Little Rock skyline to the west. 2007018391 93/88IM M8.46:14 AM Filed & Recorded in Official Records of PAT 81BRFEH PULCIRMIU MMT CLERK Fees $59.0 JBF brrrrrrr �yF f 4" THIS INSTRUMENT PREPARED BY AND AFTER RECORDL�G .�`{�' RETTIR TO: .►5 a Timothy W. Grooms Quattlebaum, Grooms, Tull & Burrow PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 s �, (may= G Q (501)379-1700 • �y BILL OF ASSURANCE This BILL OF ASSURANCE (the "Agreement") is entered into on the date written below, by and between RIVER MARKET SOUTH, LLC, an Arkansas limited liability company ("RMS"), TUF-NUT LOFTS LLC, an Arkansas limited liability company; CREATIVE CAPITAL CORP. LLC, an Arkansas limited liability company; and J.A.P. UNLBUTED, INCORPORATED, an Arkansas corporation (collectively, the "Lot 2 Owners"), as follows: --RECITALS-- WHEREAS, RMS is the current owner of Lot 1 as shown on that certain plat (the "Plat") recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat Book IA , Page ("Lot 1 "), the Lot 2 Owners are the current owners of Lot 2 as shown on the Plat ("Lot 2"); and RMS is the current owner of Lot 3 as shown on the Plat ("Lot 3") (collectively, the "Lots"); and WHEREAS, the parties desire that the Lots be subject to the easements, covenants, conditions and restrictions set forth herein; 1 NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions and encumbrances contained herein, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Description and Conveyance of Pedestrian Access_ Easement. RMS does hereby immediately grant, bargain, sell and convey, TO HAVE AND TO HOLD the same unto the Lot 2 Owners and future owners of Lot 3 (including without limitation MCKIBBON HOTEL GROUP, INC. a Georgia corporation (collectively, the "Lot 3 Owner")), their successors and assigns, a non-exclusive (RMS reserving the right to use such area) appurtenant easement over, on and across that portion of Lot 1 located and depicted as set forth on the Plat (the "Access Easement Area") solely for pedestrian ingress, egress, and access, by agents, representatives, employees, invitees, licensees, tenants and customers of the Lot 2 Owners and Lot 3 Owner, their successors and assigns (the "Access Easement"). All rights of the Lot 2 Owners and Lot 3 Owner in and to the Access Easement Area are subject and subordinate to all existing or future utility easements or rights -of -way, and the right of RMS (or any future owner or owners of Lot 1 and any replat(s) of Lot 1 ((singularly, if one, and collectively, if more than one, the "Lot 1 Owner")) to construct and maintain landscaping and water fountains within the Access Easement Area, except that such laridscs aping and water fountains may not materially interfere with the pedestrian access granted by the Access Easement. There are also shown on the Plat certain easements for utilities which RMS hereby acknowledges are for use by public utilities, including without limitation electricity, gas, telephone, water, sewer with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free 2 ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. 2. Agreement to Grant Utility Easement to Lot 2 Owners or Lot 3 Owner. RMS hereby agrees if the Lot 2 Owners or Lot 3 Owner may require an easement for location, construction, maintenance and repair of utility improvements across Lot 1, then RMS shall grant to Lot 2 Owners or Lot 3 Owner, and their successors and assigns, by separate document, an appurtenant express easement for location, construction, maintenance and repair of utility improvements, over, under, through, on and across either that portion of Lot 1 located and depicted as set forth on the attached Exhibit A, or such other location selected by the Lot 1 Owner, at its sole discretion, so that the easement area does not materially interfere with the use or proposed use of Lot 1. 3. Limitation on Use. The parties agree Lot 3 Owner shall be prohibited from constructing any permanent improvements of any type on the surface or into the air space of the north four and one half (4.5) feet of Lot 3, depicted as set forth on the Plat (the 'Building Restriction Area"), at any time during the term of this Agreement, solely except Lot 3 Owner shall have the right to install and maintain a walkway and a rain shielding awning within that portion of the Building Restriction Area as shown on the Plat, with a height of the awning not higher than the bottom of the second floor of the improvements located on Lot 2. Lot 3 Owner shall also be prohibited from installing any windows on the north side of hotel which are located below the highest point of the presently constructed improvements located on Lot 3. 4. Replat of Lot 1. The parties agree RMS, or any future owner of Lot 1 may replat Lot 1 (and any replats of Lot 1) at any time, without the necessity of consent by the then owners 3 of Lot 2 or Lot 3, provided such replatting shall not alter or affect any rights of Lot 2 Owners or Lot 3 Owner hereunder. 5. Maintenance: Taxes. The Lot 1 Owner shall maintain the Access Easement Area; provided the parties agree each of the owners of the Lots shall reimburse the Lot 1 Owner for a portion of such reasonable maintenance (the parties hereto agree such maintenance shall not include any items required to be capitalized under federal income tax laws and generally accepted accounting principles), on a pro-rata basis as follows: the owner or owners of Lot 1 (or any replat thereof) shall contribute sixty eight percent (68%) of such maintenance costs (the portion allotted to Lot 1 shall be sub -allocated upon any replat of Lot 1, pro-rata based on the square footage of the replatted area within what will originally be Lot 1); the owner(s) of Lot 2 shall contribute twenty percent (20%) of such maintenance costs; and the owner of Lot 3 shall contribute twelve percent (121/o) of such maintenance costs. In the event any owner of a Lot shall not make such payment to the Lot 1 Owner within thirty (30) days of receipt of an invoice by the Lot 1 Owner, then the Lot 1 Owner shall have the right to place a lien on the delinquent owner's Lot, subordinate only to any purchase money or first priority lien financing by such Lot owner. Each party shall be responsible for loss and damage caused to any portion of a Lot or improvements thereon (including without limitation the Access Easement Area), from negligent, accidental or intentional actions of the acting party, or their agents, representatives, employees, invitees, licensees, tenants, customers or contractors. The Lot 1 Owner agrees not to erect barriers or other obstacles to the Access Easement Area that would materially interfere with the rights provided in this Agreement. 4 6. Bindina Effec • Duration: Enforcement. The rights of the parties in and to the Access Easement Area, and the covenant of Lot 3 Owner with respect to the Building Restriction Area, shall: (i) touch, concern, encumber and run with Lots for a period of ninety (99) years (to be automatically renewed for a like term thereafter unless terminated by Lot 1 Owner, the Lot 2 Owners and Lot 3 Owner as set forth below); (ii) be binding upon all successors and assigns of RMS, the Lot 2 Owners and Lot 3 Owner; (iii) be enforceable by Lot 1 Owner, the Lot 2 Owners and Lot 3 Owner, and their successors and assigns; and (iv) be modified or terminated only by written agreement executed by all persons or entities benefiting from or having rights pursuant to any portion of this Agreement, such modification thereafter being recorded in the real estate records of Pulaski County, Arkansas. 7. No Adequate Remedy at Law. The parties to this Agreement agree: (i) violation or threatened violation of any provision of this Agreement, or rights in and to the Access Easement Area and the Building Restriction Area cannot be adequately compensated by monetary damages; (ii) any person or entity entitled to enforce this Agreement or rights in and to the Access Easement Area and the Building Restriction Area shall be entitled to equitable relief in the form of specific performance, temporary restraining order, injunction, or otherwise; and (iii) any person or entity entitled to enforce this Agreement shall additionally be entitled to a claim for monetary damages for breach hereof, which includes without limitation damages for lost profits. 8. Not a Public Dedication. This Agreement shall not be deemed a dedication to the general public of any portion of the Access Easement Area or the Building Restriction Area. 9. Severability. If any clause, sentence or other portion of the terms, covenants, or restrictions of this Agreement are or become illegal, null, or void for any reason, or are held by �1 any court of competent jurisdiction to be illegal, null, or void for any reason, the remaining portions will remain in full force and effect. 10. Headings. The caption headings of the various sections of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of their respective sections. 11. Incorporation of Recitals. The Recitals set forth above are not mere recitals of facts but are contractual in nature and incorporated herein by reference. 12. Construction. This Agreement and all provisions contained herein have been jointly reviewed, negotiated, and agreed to by the parties and their legal counsel and are to be construed accordingly. 13. Governing Law. This Agreement shall be governed by the laws of the State of Arkansas. 14. Warranty. Each person executing the Agreement warrants that such person has the authority to execute the Agreement. 15. Complete Integration; Termination of Prior Understanding. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and no representations, warranties or promises were made by the parties hereto other than the representations, warranties, and promises made in this Agreement. In addition, this Agreement replaces and terminates any prior written or oral agreement or understanding between RMS, the Lot 2 Owners or Lot 3 Owner, or agents thereof, concerning the subject matter of this Agreement. P 16. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17. Indemnification: Insurance. Each owner of a Lot (the "Indemintor") shall indemnify, defend and hold the remaining Lot owner(s) harmless from any damages or liability to persons or property caused by the negligence or intentional acts of the Indemnitor, its successors, assigns, customers, suppliers, employees and tenants. The Lot 1 Owner shall, at all times during the duration of this Agreement, maintain and pay for comprehensive general liability insurance affording protection to the Lot 1 Owner and naming the other Lot owners as additional insureds on the policy or policies, for a combined bodily injury and property damage limit of liability of not less than Two Million United States Dollars ($2,000,000.00) for each occurrence. The owners of Lot 2 and Lot 3 shall each reimburse the Lot 1 Owner for a pro-rata portion of the insurance premium costs solely for the insurance Lot 1 Owner is required to purchase with respect to the easement areas set forth herein, in the manner set forth in Section 5 herein regarding maintenance. 7 The parties HEREBY AGREE to the terms described herein on this � 4 day of March, 2007. Rsvisvrod cr,!y fat imIt"'cn 09 n, n',MVM C ndards Rcck Cu yUision r�cG c ry ��PL'6 Lif tho � irf Gf l]w9 Si L d sve;o0ar MTJQ��_e3 •iz;;r m r 4Ei, su�itiicon and zoning ordiance;. Littlo RockPlanninn Commission RMS: RIVER MARKET SOUTH, LLC, an Arkansas limited liability company Name: EVER C.--T-r `U -= Title: Mrs 14 (r1 ,JG r1n Crn LOT 2 OWNERS: TUF-NUT LOFTS LLC, an Arkansas limited liability company By: t Name: �V ft- Title: rn& CREATIVE CAPITAL CORP. LLC, an Arkansas limited liability company By: ( Name: e Title: J.A.P. UNLDMED, INCORPORATED, an Arkansas corporation By: r Name: r r ' Title: 9 STATE OF ARKANSAS ) COUNTY OF ACKNOWLEDGMENT ��" } On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named Mlor'5,44e ► r*+- Ckji+RE , to me personally well known, who stated that he was duly authorized to execute the Agreement on behalf of CREATIVE CAPITAL CORP. LLC, an Arkansas limited liability company, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this � day of 2007. Notary Public My Commission Expires: NOTARY PUB! iC-ARKANSAS GRANT COUNTY ACKNOWLEDGMENT COUNTY OF ) On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named 6; fh]'�4-�t]i IA E to me personally well known, who stated that he was duly au orized to execute the Agreement on behalf of J.A-P. UNLEMTED, INCORPORATED, an Arkansas corporation, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this too` day of �, 2007. L Notary Public My Commission Expires: (SEAL) O,""�!r-CEALSEAL fir ' LISA ANIN SPAN NOTARY PUBLIC-ARKANSAS GRANT CO'ISN'1 1 MY COM�M1I�185S�}N4.rr:.7.�1REo:.;�..�;1 4 10 STATE OF ARKANSAS ACKNOWLEDGMENT COUNTY OF On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named -EV & E i i H C k E 2 + i i to me personally well known, who stated that he was duly authorized to execute the 'Agreement on behalf of RIVER MARKET SOUTH, LLC, an Arkansas limited liability company, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this �D� day of `YIG,j e.�, , 2007. Notary Public My Commission Expiies: OPPGCIAL SEAL (&P, AINIASPANN NOrrARY PUB !C-4RKANSAS '$ GRANT CG'i 3NTY i STATE -OF ` ARKS A°`- ACKNOWLEDGMENT COUNTY OF 44na,) On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named QMFT j u t4<LR� ► , to me personally well known, who stated that he was duly authorized to execute the Agreement on behalf of TUF-NUT LOFTS LLC, an Arkansas limited liability company, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this (D day of 2007. Notary Public My Commission Expires: (SEAL) OFFICIAL SEAL LISA ANN SPANN NOTARY PUBLIC-ARKANSAS GRANT COUNTY MY COMMISSION EXPIRES: 04-04-14 Doc# 20070183g1 R EXHIBIT A t�'asr rNro� 1 if g �t 300.49, I PLAT OF LOTS 1, 2 & 3 RIVER MARKET PLACE AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS SON A POW Of Will 1-R AM 14L 9"" C/'Y OF UTME F= 00 fan 1-1L Rm 1L PWM AMTM TO IM CITY of L=Z F= fRSA'Ja COWW. APVACPS ZLYWr. 2007 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Timothy W. Grooms Quattlebaum, Grooms, Tull & Burrow PLLC I I I Center Street, Suite 1900 Little Rock, Arkansas 72201 (501)379-1700 ,,,IS11IIIIIIIjjjf', �%ti�'. �t:LiI29 13ys1,, r'rrr �+ ]4 r 4 2007023216 03/26/2007 10:23:41 AM R-iled $ Recorded in Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $41.00 2— bb(D This AMENDMENT TO BILL OF ASSURANCE (the "Amendment") is entered into on the date written below, by and between RIVER MARKET SOUTH, LLC, an Arkansas limited liability company ("RMS"), TUF-NUT LOFTS LLC, an Arkansas limited liability company; CREATIVE CAPITAL CORP. LLC, an Arkansas limited liability company; and J.A.P. UNLIMITED, INCORPORATED, an Arkansas corporation (collectively, the "Tuf-Nut Owners"), METROPOLITAN NATIONAL BANK, a national banking association ("Metropolitan"), as follows: --RECITALS-- WHEREAS, the parties hereto, except Metropolitan: (i) executed that certain Bill of Assurance on or about March 8, 2007, and such instrument was recorded with the Pulaski County, Arkansas Circuit Clerk on March 8, 2007, as Instrument No. 2007018391 (the "Initial Bill of Assurance"), a copy of which is incorporated herein by reference; and (ii) recorded a plat with the Pulaski County, Arkansas Circuit Clerk, as Plat No. H-986 (the "Initial Plat"), all with respect to certain property located in the City of Little Rock, Pulaski County, Arkansas; 1 Beam WHEREAS, the parties to the Initial Bill of Assurance wish to file this Amendment to revise the Initial Bill of Assurance and the Initial Plat, so that the property referred to Lot 2 in the Initial Bill of Assurance is no longer subject to the Bill of Assurance; and WHEREAS, the parties have also learned that Metropolitan has certain rights in and to Lot 1 and Lot 3, and therefore desire to add Metropolitan as a party to the Initial Bill of Assurance. NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions and encumbrances contained herein, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Pro a Subject to Bill of Assurance. The parties hereto agree that the land shown as Lot 1 and Lot 3 on that certain Correction Plat (the "Correction Plat") recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat Book - , Page OOb , shall forever be known as Lots 1 and 3, River Market Place Addition to the City of Little Rock, Arkansas. By execution hereof, the parties hereto agree the land referred to as Lot 2 in the Initial Plat shall not be subject to the Initial Bill of Assurance, this Amendment, or any amendments or supplements hereto (collectively, the 'Bill of Assurance"), without the express consent of the owners of such property, and the parties hereto further agree such property is platted and shall remain platted as Tuf-Nut Horizontal Property Regime, Little Rock, Pulaski County, Arkansas. 2. Effect of Amendment. The parties hereto agree, solely except as amended in this Amendment, the provisions of the Initial Bill of Assurance shall remain in full effect. The parties expressly agree that, notwithstanding the fact the land referred to as Lot 2 in the Initial Plat shall not be subject to the Initial Bill of Assurance, the owners of such property shall retain 2 the rights and obligations set forth in the Bill of Assurance, including without limitation those rights in and to the pedestrian access easement, and those financial obligations with respect to expenses incurred in connection with the pedestrian access easement. 3. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and.the same instrument. March, 2007. The parties HEREBY AGREE to the terms described herein on thisLM day of RMS: RIVER MARKET SOUTH, LLC, an Arkansas limited liability company By: Name: E v C !Q E T -r -TU (plc Title: �h A G► AJ y C R LOT Z OWNERS: TUF-NUT LOFTS LLC, an Arkansas limited liability company By: lry 7 L, r , Name: F—W &CITiU L1 ' -IT' Title: L116 Pal & M F CREATIVE CAPITAL CORP. LLC, an Arkansas limited liability company e �. �.. f 1 : i► 11 :., J.A.P. UNLIMITED, INCORPORATED, an Arkansas corporation By:1.(. Name: 6 -r C + - e' Title: OA METROPOLITAN: METROPOLITAN NATIONAL BANK, an national WJUnp, association Ti STATE OF ARKANSAS ACKNOWLEDGMENT COUNTY OF On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named to me personally well known, who stated that he was duly authorized to execute the Agreement on behalf of RIVER MARKET SOUTH, LLC, an Arkansas limited liability company, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this �'`J day of `1Yl a LL , 2007. My Commission Expires: V -04-1y OFERICI Oki SEAL ONEAN4 SPANN NOTARY PUBLIC—ARKANSAS w GRANT COUNTY s C 151❑ XPI : 04-D4—i 4 n ) COUNTY OFT L' } otary Public ACKNOWLEDGMENT On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named fur r Llfto me personally well known, who stated that he was duly authorized to execute the Agreement on behalf of TUF-NUT LOFTS LLC, an Arkansas limited liability company, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this �'" day of -f krc-1 , 2007. CC'Y11't '►'� Notary Public My Commission Expires: C' V-C U"I y ., SEAL ' US -A =, NN' 83PANN NO T ARY ?UBUC-ARKANSAS GRA,4T O0W\FFY MY COMMISSION EXPIRES: 04-04-14 STATE OF ARKANSAS ) COUNTY 04L II�S !t-i ) ) ACKNOWLEDGMENT On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named A q.,,, 0- `7j1 cE aiipe, _, to me personally well known, who stated that he was duly aufh&ized to execute the Agreement on behalf of CREATIVE CAPITAL CORP. LLC, an Arkansas limited liability company, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this C'� day of 2007. ti d nrh Notary Public My Commission Expires: La7C, I'( �'UANSAS ORANY FNOTA.. COMMISSION EXPIRES: 04-04-14 STATE OF AR-oKANSAS �" COUNTY OF 0 1 c1S L� ACKNOWLEDGMENT On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named jftLf-�)�r-L f , to me personally well known, who stated that he was duly autho ized to execute the Agreement on behalf of J.A.P. UNLIMITED, INCORPORATED, an Arkansas corporation, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this r0v� day of 2007. My Commission Expires: 0 y- Oq- I q �I L.s�rgL NOTARY PUBLIC-ARKANSAS GRANT COUNTY MY COMMISSION EXPIRES: 04-04-1 4 4 6t,11-11 Notary Public 0 STATE OF ARKANSAS ) COUNTY 0& l &S VL } ACKNOWLEDGMENT On this day, before me, a Notary Public duly commissioned, qualified and acting within and for said County and State, appeared in person the within named `-raa m L t-L , to me personally well known, who stated that he was duly authorized to execute the Agreement on behalf of METROPOLITAN NATIONAL BANK, a national banking association, and had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of r��, , 2007. My Commission Expires: a y .-04-� 4 (SEAL) OFFICIAL aE :L LISA ANN SPANN NOTARY PUBLIC-ARKANSAS GRANT COUNTY MY COMMISSION EXPIRES: 04-04-14 (-'� �101 ( wI,' lVa'w" Notary Public R\tP06WC.VYAffiVER�1 Iw R4 M PS �193401 PPuI "Exhibit A" oy as Y 2 � R� i • -__� -ROCK STRfl'fT f� r - r Ira � r r i 1 701 �$ EASEMEM AREA ❑ pS nryR.lrE "1 - � 1 150.OP I 000. 4 ' I r x•_ j r w , r 150.00• r ® y Z 8 6 mix boa '-3 v `3 n un V y � w p R ` J 8 R a a _�oxweRcs SrReer •_'-_ _--- _ _ i ti�E sL R.FE;pq �„ jj �pC Eyypp p�j{ryg �� E A' & as Y $ g I WiN I� e 4 $i$ IND g%S IMIX S IL f a d IgN, Till pri qpz sfpzd. doe 5 09/22/05 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A SHORT -FORM PLANNED ZONING DEVELOPMENT To ALL owners olying " �f land lyingg�within 200 feet of the boundary of the property located at: Address: � `a 'y D Ulf- General Location: 4.d [�- f'L%f f/C� .�i Y 7 I Owned by: ' V ' I ►' ��i f� LC NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above prope y requesting a change of classification from k A U District to has been filed with the Department of Planning and Development. A public hearing on said application will be held by the L' Rock Plamun Commission in the.]oard of Directors Chamber, Second Floor, City Hall, on, Q !:I at T f Q p.m. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 W. Markham, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I hereby certify that I have notified all the property owners of record within 200 feet of the above property that subject property is being considered for rezoning and that a Public Hearing will be held by the Little Rock Planning Commission at the time and placedescribedabove. Applicant (owner or authorized agent) Me) 1 Z� v -7 (Date) Development Program Building Program RIVER MARKET TOWER will be a 20-story high-rise project with supporting ground level retail. There will be approximately 150 residential units, approximately 6800 square feet of ground -floor retail space and approximately 400 parking spaces. Parking will occupy the rear portion of the first floor and all of floors two through five. The commercial space will front on Third Street, while the residential units will occupy floors five through eighteen. The building will be capped with a party room and observation terrace on the twentieth floor. The building will be a modern, cast -in -place concrete structure with expansive glass walls in all units. Brick will accent the base of the building and portions of the tower. The tower will sit atop the building garage, which will cover the west half of the block. A pedestrian walkway ("paseo") will abut the east side of the tower connecting Third Street to a small, urban plaza in the center of the block. The new Hampton Inn & Suites hotel and renovated Tuf-Nut retail space will surround the plaza. The entire investment in the block will have a market value in excess of $82 million. RIVER MARKET TOWER will contain a mix of unit types and sizes, including contemporary loft and traditional condominium units. Units on floors six through seventeen will average 1200 square feet, inclusive of balconies and will be completely finished. Shell units will comprise floors eighteen and nineteen (a total of ten) averaging 2800 square feet in size. Building amenities will include a fitness center, concierge, tennis court and basketball court. I M'.J RIVER MARKET PLACE I