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Home My WebLink AboutZ-8263 Application 2City 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: August 20, 2007 TO: Hillcrest Residents Neighborhood Association ATTENTION: Mr. Scott Smith ADDRESS: P.O. Box 251121 Little Rock, AR 72225 REQUEST: Nails by Kimmie Short -form PCD Z-8263 a request to allow the conversion of this existing single-family home to be used as a nail salon with three to four employees. GENERAL LOCATION OR ADDRESS: 310 North VanBuren Street OWNED BY/APPLICANT: Kimberly Mensie NOTICE IS HEREBY GIVEN THAT an application for a 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 Selatember 27, 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 T.)I...T Auqz Lz t "20. 20011 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT: GENERAL LOCATION OR ADDRESS: 310 North Van Buren Street OWNED BY/APPLICANT: Kimberly Mensie REQUEST: Nails by Kimmic Short -form PCD Z-8263 a reguest to allow the conversion of this existin single-family home to be used as a nail salon with three to four employees. A Future Land Use Plan Amendment LU07-04-01 from Single Family to Mixed Use is a separate item on this NOTICE IS HEREBY GIVEN THAT an application for Planned Zoning DeN!elopment 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 September 27, 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 TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT: GENERAL LOCATION OR ADDRESS: 310 North Van Buren Street OWNED BY/APPLICANT: Kimberly Mensie REQUEST: Nails by Kimmie Short -form PCD Z-8263 a request to allow the conversion of this existin single-family home to be used as a nail salon with three to four employees. A Future Land Use Plan Amendment LU07-04-01 from Single Family to Mixed Use is a se arate item on this 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 September 27, 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. 201 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 203 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 204 N JACKSON ST LITTLE ROCK AR 72205 z-8263 205 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 212 N JACKSON ST LITTLE ROCK AR 72205 z-8263 216 N JACKSON ST LITTLE ROCK AR 72205 z-8263 220 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 300 N JACKSON ST LITTLE ROCK AR 72205 z-8263 300 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 303 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 306 N JACKSON ST LITTLE ROCK AR 72205 z-8263 310 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 311 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 315 N JACKSON ST LITTLE ROCK AR 72205 z-8263 319 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 320 N JACKSON ST LITTLE ROCK AR 72205 z-8263 323 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 324 N JACKSON ST LITTLE ROCK AR 72205 z-8263 400 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 402 N JACKSON ST LITTLE ROCK AR 72205 z-8263 404 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 406 Van Buren Street Apt. A LITTLE ROCK AR 72205 z-8263 406 Van Buren Street Apt. B LITTLE ROCK AR 72205 z-8263 406 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 407 N VAN BUREN ST LITTLE ROCK AR 72205 z-8263 5017 C ST LITTLE ROCK AR 72205 z-8263 5018 C ST LITTLE ROCK AR 72205 z-8263 5019 B ST LITTLE ROCK AR 72205 z-8263 5021 B ST LITTLE ROCK AR 72205 z-8263 5100 A ST LITTLE ROCK AR 72205 z-8263 5101 CST LITTLE ROCK AR 72205 z-8263 5103 C ST LITTLE ROCK AR 72205 z-8263 5104 A ST LITTLE ROCK AR 72205 z-8263 5104 C ST LITTLE ROCK AR 72205 z-8263 5105 B ST LITTLE ROCK AR 72205 z-8263 5105 C ST LITTLE ROCK AR 72205 z-8263 5107 B ST LITTLE ROCK AR 72205 z-8263 5107 C ST LITTLE ROCK AR 72205 z-8263 5109 C ST LITTLE ROCK AR 72205 z-8263 5110 A ST LITTLE ROCK AR 72205 z-8263 5110 B ST LITTLE ROCK AR 72205 z-8263 5110 C ST LITTLE ROCK AR 72205 z-8263 5111 B ST LITTLE ROCK AR 72205 z-8263 5111 CST LITTLE ROCK AR 72205 z-8263 5112 B ST LITTLE ROCK AR 72205 z-8263 5116 B ST LITTLE ROCK AR 72205 z-8263 5116 C ST LITTLE ROCK AR 72205 z-8263 5119 B ST LITTLE ROCK AR 72205 z-8263 5119 C ST LITTLE ROCK AR 72205 z-8263 5120 A ST LITTLE ROCK AR 72205 z-8263 5120 B ST LITTLE ROCK AR 72205 z-8263 5120 C ST LITTLE ROCK AR 72205 z-8263 5123 B ST LITTLE ROCK AR 72205 z-8263 5123 C ST LITTLE ROCK AR 72205 z-8263 5124 C ST LITTLE ROCK AR 72205 z-8263 5126 B ST LITTLE ROCK AR 72205 z-8263 5126 C ST LITTLE ROCK AR 72205 z-8263 5128 B ST LITTLE ROCK AR 72205 z-8263 5300 B ST LITTLE ROCK AR 72205 z-8263 5301 B ST LITTLE ROCK AR 72205 z-8263 5301 C ST LITTLE ROCK AR 72205 z-8263 P.O. Box 251121 LITTLE ROCK AR 72225 z-8263 sfpzd.doc 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 of land lying within 200 feet of the boundary of the property located at: Address: D}L o 2-2.0 General Location: t'.-�Dm11 g S E Owned by: K t maozLl VAR45ia _ NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above property requesting a change of classification from FZ — District to has been filed with the Department of Planning and Development. A public hearing on said application will be held by the Little Rock Pl g Commission in the Boa;d_ of Directors Chamber, Second Floor, City Hall, on. _wZ % 1 07 , at L 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. <<B � AFFIDAVIT .•' I �.•`�.I"? ' Jr certify that I have notified all the property owners of record within 200 feet of the above {�;pTA rtp_that subject property is being considered for rezoning and that a Public Hearing will be held by iesLittlgRock Planning Commission at the time and place described above. My Comm, Expires - - APRIL 15, 20 Ap1911''.cadt (owner or authorized agent) ":,r�;,�U$Ll•' Q��;' (Name) l� / (Date) m Q V�}z 04� o E a m v m C �m m O1 .] } d K m o r � o ❑ p � N O a r iiJn' �1 E d U �• m U y � ❑❑ ir � � O 010 � U ao._, ?.E NY N N -0 0-, U 0 L�.a N \j ro E UI N Cal m mN ro m r � m Ijg ft 3 t ro 14 R� L U En L C E E c+-. -0 Ua y.. m coo < 0 N- a Q 7 m U E 0 �r.• ox 01 • ��. m m m^ ma LL��: q a m EC Gm pc m q Fn �Zx av �m m '�0 O �3 mti mg `M e , W pi SEfiS 962+i EOOO OTWO 9001L NISWANGER LAW FIRM PLC #5 Innwood Circle, Suite 110 Little Rock, Arkansas 72211 Stephen B. Niswanger steve@niawangerlawfum.com September 5, 2007 Scott Smith Hillcrest Residents Association P.O. Box 251121 Little Rock, AR 72225 Dear Mr. Smith: Telephone (501) 223-2888 Facsimile (501) 421-3651 Via Certf fled Mail; Return receipt Requested Please find enclosed a Notice of Public Hearing Before the Little Rock Planning Commission on an Application to Establish a Short -form Planned Zoning Development. If you have any questions regarding this Notice, please do not hesitate to call. Sincerely, NISWANGER LAW FIRM PLC C Stephen B. Niswanger SBN/wl cc: Via Regular Mail: Pardo Properties, LLC Dave and Billie O'Neel Hugh and Wanda Hackley Lula Ann Smith Alfred and Melissa Hundley Marita Ann Bevins www.niswangerlawfirm.com September 5, 2007 Page 2 Sherry A. Curry Wayne and Garnith Williams Priscilla Tennal Walter and Shannon Reid Jay Bradford Stanley Benjamin and Ashley Jackson Lloyd mourning, Molly Satterfield, and William Norris Dolores LeCompte and Carl Pettit, Jr. Daphne Puckett Robert Germany Matthew Wycough Dora Mah Adam and Kim Frith Marcia Camp Dale Allen and Karen Clark Knowa, LLC Mary Hudson Malinda Bell James and Jeanette Wood James Wilkey Valentine and Susan Hansen Limwitz, LLC Stirl and Paula Lingo Carl Bogan Michael Thompson Ross Davis Roy Bland Joseph and Cindy Bures Thomas and Miriam Harding sfpzd.doc 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 of land lying within 200 feet of the boundary of the property located at: Address: 7210 oAR 72-2.0i— General Location: FJ Owned by: K R$v-iZLu VAMN51 NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above property requesting a change of classification from -- District to has been filed with the Department of Planning and Development. A public hearing on said application will be held by 'the Little Commission in the Bo d oRock Plann' g f Directors Chamber, Second Floor, City Hall, on �� p 7 at a p.m. I 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. AD 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 Tittle Rock Planning Commission at the time and place described above. Applicant (owner or authorized agent) (Name) (Date) 08-31-'07 16:35 FROM -STANDARD ABSTRACT 501-604-2619 T-274 P02/06 U-501 STAN DAR D Abstract & Title Company, Inc. Siftee 1957 OWNERSHIP REPORT August 31, 2007 I hereby certify that I have searched the records of Pulaski County, Arkansas to August 20, 2007 at 7:00 a.m. for the apparent owners of the following described property: The -North 1/3 of Lots 9, 10 -and 11, Block 3, Pfeifer's Addition to the City of Little Rock, Pulaski County, Arkansas. I find the following ownerships: Pardo Properties, LLC 8201 Cantrell Rd., Suite 225 Little Rock, AR 72227 Source of title: Quitclaim Deed as instrument No. 2004091901 Dave P. O'Neel and Billie M. O'Neel, husband and wife 300 N. Van Buren St. Little Rock, AR 72205 Source of title: Warranty Deed as Tnstruinent No. 2002139528 Hugh L. Hackley, Jr. and Wanda'V'. Buckley, his wife 310 N. Van Buren Little Rock, AR 72205 Source of title: Warranty Deed in Book 866, Page 511 Fula Ann Smith, Trustee of the Tula Ann Smith R(wocable Trust 601 N. Ash St. Little Rock, AR 72205 Source of title: Warranty Deed as Imtrument No. 2007012689 Alfred B. Hundley and Melissa P. Hundley 316 Highway 154 Casa, AR 72025 Source of title: Executrix's Deed in Book 1302, Page 235 3420 Old Cantrell Road, Little Rock, Arkansas 72202 (501) 664-1300 (Mailing Address) P.O. Box 7411, Lithe Rock, Arkansas 72217-T411 FAX Number (501) 664.4672 support@standar+dabstract.com 08-31-'07 16:36 FROM -STANDARD ABSTRACT 501-604-2619 T-274 P03/06 U-501 Marita Ann Bivins, Executrix of the Estate of Edna May James Isley, deceased 14515 Ironton Out Off Rd. Little Rock, AR 7 22 D ( o Source of title: Warranty Deed in Book 350, Page 499 Sherry,A. Curry 5123 C St. Little Rock, AR 72205 Source of title: Warranty Deeds as Instrument Nos. 2004093654 and 2007044383 Wayne G. Williams and Garnith L. Williams 5123 C St. Little Rock, AR 72205 Source of title: Warranty Deed as Instrument No. 93-87265 Priscilla N. Tennal 5119 C St. Little Rock, AR 72205-3634 Source of title: Warranty Deed as Instrument No. 85-59507 and Quitclaim Deed as Instrument No. 2001057633 Walter J. Reid and Shannon D. Reid, husband and wife 5111 C St_ Little Rock, AR 72205 Source of title: Quitclaim Deed as Instrument No: 2003064886 Jay Bradford Stanley 5109 C St. Little Rock, AR 72205 ource of title: Warranty Deed as Instrument No. 2000084056 Benjamin D. Jackson and Ashley D. Jackson, husband and wife 5107 C St. Little Rock, AR 72205 Source of title: Warranty Deed as Instrument No. 2007024727 Lloyd Randall Mourning, Molly Satterfield and. William. R. Norris, as joint tenants with right of survivorship and not as tenants in common 5105 C St. Little Rock, AR 72205 Source of title: Warranty Deed as Instrument No. 2005015336 Dolores A. LeCompte and Carl S. Pettit, Jr., as joint tenants with right of survivorship, subject to the life estate reserved for Lora Pettit Hughes 5103 C St. Little Rock, AR 72205-3634 08-31-'07 16:36 FROM -STANDARD ABSTRACT 501-604-2619 T-274 PO4/06 U-501 Source of title: Warranty Deeds as Instrument Nos. 94-83463, 94-83464, 94-83465 and Quitclaim Deeds as Instrument Nos. 99-13460 and 2007026929 Daphne Puckett 5101 C St. Little Rock, AR 72205-3634 Source of title: Warranty Deed as Instrument No. 2005073347 Robert B. Germany 511213 St. Little Rock, AR 72205-3633 Source of title: Warranty Deed as Instrument No. 94-49828 Matthew Wycough 5116 B St, Little Rock, AR 72205 Source of title: 'Warranty Deed as Instrument No. 2005003207 Dora Mah 5120 B St. Little Rock, AR 72205-3633 Source of title: Warranty Deed as instrument No. 2005041217 Adam K. Frith and Kim L. Frith, husband and wife 5126 B St. Little Rork, AR 72205 Source of title: Warranty Deed as instrument No. 97-•56595 and Quitclaim Deed as Instrument No. 2003106455 Marcia C. Camp, Trustee of the Marcia C. Camp Revocable Trust, dated June 27, 2001 5128 B St. Little Rock, AR 72205 Source of title: Warranty Deed as Instrument No. 2003059901 Dale Allen and Karen Clark 26 Monica Dr. Little Rock, AR 72204 Source of title: Warranty Deed as Instrument No. 2004016838 Knowa, LLC 34 Fontenay CR Little Rock, AR 72223 Source of title: Quitclaim Deed as Instrument No. 2003130761 08-31-'07 16;36 FROM -STANDARD ABSTRACT 501-604-2619 T-274 P05/06 U-501 Mary Hudson 10 Fenchley Ct. Little Rock, AR 72212 Source of title. Warranty Deed as Instrument No. 2005038315 Malinda B. Bell 320 N. Jackson Little hock, Ar 72205-3614 Source of title: Warranty Deed as Instrument No. 85-55247 James G. Wood and Jeanette M. Wood, husband and wife 306 N. Jackson Little Rock, AR 72205-3614 Source of title: Warranty Deed as Instrument Nos. 93-72243 and 93-72244 James A. Wilkey 300 N. Jackson St. Little Rock, AR 72205 Source of title: Warranty Deed as Instrument No. 2005030304 Valentine Hansen and Susan Hansen, husband and wife 8201 Cantrell Rd., Suite 225 Little Rock, AR 72227 Sources of title: Warranty Deed as Instntment No. •2001089850 Lirnwitz, LLC 7123 Kingwood Little Rock, AR 72201 Source of title: Warranty Deed as Instrument No. 2004105793 Stirl and Paula Lingo 5021 B. St. Little Rock, AR 72205-3601 Source of title: Fiduciary's Deed as Instrument No. 97-022606 Carl R. Bogan 501913 St. Little Rock, AR 72205-3601 Source, of title: Warranty Deed as Instrument No. 93-71674 Michael B. Thompson 5119 B St, Little Rock, AR 72205 Source of title: Warranty Deed as Intent No. 2006046977 08-31-'07 16:36 FROM -STANDARD ABSTRACT 501-604-2619 T-274 P06/06 U-501 Ross C. Davis 511113 St. Little Rock, Alt 72205-3632 Source of title: Special Warranty Deed as Instrument No. 2004071647 Roy A. Bland, Jr., as trustee of the Nell W. Bland Revocable Trust dated July 9, 1993, as amended October 1, 1998 158 Forest Dr. Kennett Square, FA 19348 Source of title: Fiduciary's Deed as Instrument No. 2004100941 Joseph J. Bures and Cindy L. Bures, husband and wife 5105 $ St. Little Rock, AR 72205 Source of title: Warranty Deed as Instrument No. 2007040990 Thomas J. Harding, Jr. and Miriam C. Harding, husband and wife 12 Redcoat Ln. Little Rock, AR 72227 Source of title: 'Warranty Deed as Instrument No. 85-01160 and Quitclaim Deed as Instm,ment No. 99-020118 Although due diligence was exercised in the preparation of the above report, Standard Abstract & Title Company, Inc. cannot absolutely guarantee the accuracy thereof and its liability shall be limited to the amount paid for said report. We cannot certify as to the accuracy of the addresses given, as they are taken from the records of the Pulaski County Assessor's Office. Grant Rarnage Title Examiner 190E gr/enclosures Page 1 of 1 Bozynski, Tony From: Fields, Amy Sent: Monday, April 07, 2008 10:54 AM To: Bozynski, Tony; Carney, Dana Subject: Kimberly Mensie v. CLR Hi, Tony & Dana: As you know, Ms. Mensie has filed two lawsuits against us - one on the denial of her PD-C & one from the Board of Adjustment. I filed a motion to dismiss her attempt to appeal the denial of the PD-C (I think I sent you both a copy). The motion to dismiss has been set for hearing on Tuesday, April 29 at 8:30 a.m. I think this hearing is important - not just because of this case, but because of the whole issue of whether granting or denying a planned development can be appealed and whether courts have the authority to re -zone property. I would like for at least one of you to be there for the hearing - if you both can make it, that would be great. The judge is Judge Moody - 2nd floor of the courthouse. Thanks Amy Amy Beckman Fields Deputy City Attorney (501) 371-6892 4/7/2008 OFFICE OF THE CITY ATTORNEY Little Rock, Arkansas MEMORANDUM TO: Tony Bozynski v Dana Carney FROM: Amy Beckman Fields peo Deputy City Attorney RE: Kimberly Mensie v City of Little Rock, et, aL Pulaski County Circuit Case No. CV-2008-243 DATE: March 6, 2008 I have enclosed a copy of a motion and brief that I filed today requesting that this case be dismissed. After Ms. Mensie's attorney files a response, I will contact the Court to set a hearing. I'll let you know the hearing date. If you have any questions, please let me know. ABF:dab Enclosure OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 Amy Beckman Fields Deputy City Attorney March 6, 2008 Stephen B. Nisw Niswanger La irm, PLC #5 Innwoo ircle, Suite 110 Little ck, AR 72211 Re: Kimberly Mensie v. City of Little Rock, et. al. Pulaski County Circuit Court No. CV-2008-243 Dear Stephen: Telephone (501) 371.4527 Telecopier (501) 371-4675 I have enclosed a copy of the City's motion to dismiss and brief in support that I filed today. If you have any questions, please let me know. Sincerely, Amy Beckman Fields Deputy City Attorney ABF:dab Enclosure cc: Tony Bozynski Dana Carney IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS 3RD DIVISION KIMBERLY MENSIE VS. CASE NO. CV-2008-243 PETITIONER CITY OF LITTLE ROCK and fat O'Brien Pulaski 3,ir+-��it �.I e�_k CITY OF LITTLE ROCK PLANNING COMMISSION RESPONDENTS BRIEF IN SUPPORT OF MOTION TO DISMISS PURSUANT TO ARK. R. CW. P. 12 b 1 12 b 2 and 1 G Factual Background Petitioner Kimberly Mensie owns property located at 310 North Van Buren in the City of Little Rock. The property is zoned R-3 Single Family and is shown on the City's Future Land Use Plan and Future Land Use Map as Single Family. In August 2007, Petitioner filed an Application for Planned Zoning Development — Short Form with the City's Planning and Development Department requesting reclassification of her property from R-3 Single Family to Planned Commercial District. The specific proposed zoning for the property was Planned Development Commercial ("PD-C"). Because Petitioner's application was not compatible with the City's Future Land Use Plan and Land Use Map, Petitioner also filed an Application for Land Use Amendment requesting that the boundaries shown on the Land Use Map be amended to show Mixed Use. The City's Planning Commission considered the two applications on September 27, 2007. After public hearing on the items, the Planning Commission denied both applications. Pursuant to the procedures set forth by the City's zoning ordinances, Petitioner appealed the adverse decisions by the Planning Commission to the City's Board of Directors. On December 4, 2007, after public hearing on the issues, the proposed ordinance to grant Petitioner's Application for Land Use Amendment failed. The Board did not vote on the application to re- classify the property on December 4. The appeal of the Planning Commission's denial of the application to re -zone the property from R-3 to PD-C was again presented to the Board on January 15, 2008, and the proposed ordinance to reverse the Planning Commission and approve the re -zoning failed. On January 3, 2008, Petitioner filed a Record of the Proceedings and Notice of Administrative Appeal. Subsequent to the Board's January 15, 2008 consideration of Plaintiff s application, Petitioner filed a First Amended Record of the Proceedings and Notice of Administrative Appeal on February 14, 2008. Petitioner seeks de novo review of her application to re -zone her property pursuant to Ark. Code Ann. § 14-56-425. The Court lacks subject matter jurisdiction over this action pursuant to § 14-56-425 and Petitioner's action should accordingly be dismissed. Discussion A. The Court Lacks Jurisdiction Pursuant to Ark. Code Ann. § 14-56-425 Petitioner invokes this Court's jurisdiction pursuant to Ark. Code Ann. § 14-56-425, which provides for de novo review of administrative and quasi-judicial actions related to the enforcement and application'of zoning laws. Ark. Code Ann. § 14-56-425 provides: In addition to any remedy provided by law, appeals from final action taken by the administrative and quasi-judicial agencies concerned in the administration of this subchapter may be taken to the circuit court of the appropriate county where they shall be tried de novo according to the same procedure which applies to appeals in civil actions from decisions of inferior courts, including the right of trial by jury. Ark. Code Ann. § 14-56-425 provides a vehicle by which an aggrieved party may appeal the final action of an agency acting in an administrative or quasi-judicial mode as it relates to zoning and planning. The statute does not provide jurisdiction for a court to review de novo any -2- zoning actions taken by a municipality; it provides only for de novo review of administrative and quasi-judicial actions. The City's Board of Directors was not acting in an administrative or quasi-judicial mode when it rejected the re -zoning of Petitioner's property and the Court does not have jurisdiction to review the action of the Board pursuant to Ark. Code Ann. § 14-56-425. The relief that Petitioner request intrudes upon the constitutional limitations imposed by Article 4 of the Arkansas Constitution and would constitute a violation of the separation of powers. In order to fully understand the issues before the Court, it is helpful to examine Arkansas Supreme Court cases over the past ten to fifteen years that address municipal zoning, the Court's role in zoning disputes, and the legislative nature of zoning and re -zoning. City of Lowell v. M & NMobile Home Park, Inc., 323 Ark. 332, 916 S.W.2d 95 (1996), presents a fact situation that is similar to the present litigation. M & N petitioned the City of Lowell Planning Commission to re -zone property from R-1 (Residential) to MHP (Mobile Home Park). The Planning Commission denied the application and M & N appealed to the city council. The council upheld the commission. M & N filed suit in chancery court; the chancery court found the city council's action was arbitrary and re -zoned the property. Id. at 335-36. The Court began its review of the chancery court's action by discussing at length the doctrine of separation of powers as it relates to municipal legislation. The Court stated: The powers of government are divided into three separate branches of government. Ark. Const. art. 4, § 1. The legislative power of state government is vested in the General Assembly with the right of the initiative and referendum reserved to the people. Ark. Const. amend. 7, § 1. The General Assembly can delegate the legislative power to enact ordinances to municipal corporations. Little Rock v. North Little Rock, 72 Ark. 195, 79 S.W. 785 (1904). We have written that when a municipality acts in a legislative capacity, it exercises a power conferred upon it by the General Assembly, and consequently, an act of a municipality is the co -equal of an act of the General Assembly. Little Rock Ry. & Elec. Co. v_ Dowell, 101 Ark. 223, 142 S.W. 165 (1911). The General Assembly has given to municipal corporations the power to enact zoning ordinances. -3- Ark.Code Ann. 14-56-402-14-56-425 (1987). A municipal corporation's exercise of its zoning power is the co -equal of an act by the General Assembly. The legislative power includes discretion to determine the interests of the public as well as the means necessary to protect those interests. Within constitutional limits, the legislative branch is the sole judge of the laws that should be enacted for the protection and welfare of the people and when and how the police power of the State is to be exercised. Missouri & North Arkansas R.R. Co. v. State, 92 Ark. 1, 121 S.W. 930 (1909). One branch of government shall not "exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted." Ark. Const. art. 4, § 2. For each branch to operate as constitutionally envisioned, one branch must not be subordinated to either or both of the other branches, and one branch must not take control of one or both of the other branches. The legislative branch has discretion to determine the interests of the public, but the judicial branch has the power to set aside legislation that is arbitrary, capricious, or unreasonable. Wenderoth v. City of Fort Smith, 251 Ark. 342, 472 S.W.2d 74 (1971). This is a limited power, and the judiciary, in acting under this limited power, cannot take away the discretion that is constitutionally vested in a city's legislative body. City of Little Rock v. Breeding, 273 Ark. 437, 619 S.W.2d 664 (1981). The chancery court has subject -matter jurisdiction to determine whether a zoning enactment is arbitrary, capricious, or unreasonable. City of Little Rock v. Pfeifer, 318 Ark. 679, 887 S.W.2d 296 (1994); City of Little Rock v. Breeding, 273 Ark. 437, 619 S.W.2d 664 (1981); Wenderoth v. City of Fort Smith, 251 Ark. 342,472 S.W.2d 74 (1971). Id. at 336-37. In Wenderoth, cited by the Court, the Arkansas Supreme Court held that Ark. Stat. Ann. § 19-2830.1 (which is the same as the current Ark. Code Ann. § 14-56-425) violated the doctrine of separation of powers and is unconstitutional to the extent it permits an appeal de novo from the enactment of re -zoning ordinances by a city's legislative body. Wenderoth v. City of Fort Smith, 251 Ark. 342, 472 S.W.2d 74 (1971). In City of Lowell, the Court set forth the standard that applies to judicial review of legislative action taken by a municipality: [T]he party alleging that legislation is arbitrary has the burden of proving that there is no rational basis for the legislative act, and regardless of the evidence introduced by the moving party, the legislation is presumed to be valid and is to be upheld if the judicial branch finds a rational basis for it. It is not for the judicial branch to decide from the evidence introduced by the moving party whether the legislative branch acted wisely. M 323 Ark. at 340. The Court ultimately reversed the order of the chancery court that re -zoned the property, finding that M & N did not meet its burden of proving that the city council did not have a rational basis for its refusal to re -zone. Id. at 345. Pursuant to City of Lowell and Wenderoth, this Court does not have jurisdiction pursuant to Ark. Code Ann. § 14-56-425 to conduct a de novo review of the refusal to re -zone Petitioner's property. While City of Lowell is directly on point concerning the role of the court in reviewing the denial of a re -zoning application, the law became somewhat less clear after the Supreme Court's decision in Camden Comm. Dev. Corp. v. Sutton, 339 Ark. 368, 5 S.W.3d. 439 (1999). In Camden, the Camden Community Development Corporation ("Camden CDC") sought re- zoning of property it owned from RS-2 (residential) to M-2 (manufacturing). The City of Camden Planning Commission recommended approval of the re -zoning request to the City's Board of Aldermen. The City Board did not adopt the proposed re -zoning. The Camden CDC circulated an initiated petition and the CDC's petition for re -zoning of its property was certified to be placed on the ballot. A lawsuit was filed by members of the Fairview Community Defense Committee seeking to remove the initiative from the ballot. The trial court found that "issues concerning whether to rezone are administrative decisions, not legislative, and thus -are not subject to the initiative process." Id. at 370-71. On appeal, the Arkansas Supreme Court affirmed the trial court. The Court stated that it "must determine whether the actions taken by the Commission and the City Board were legislative or administrative. This determination is important because an initiated action may be used only to address legislative actions." Id. at 372-73. The Court concluded: [T]he City Board's decision to not accept the Commission's administrative proposal was only a rejection of proposed administrative action and did not constitute any legislative action or administrative action by the City Board. -5- Accordingly, because legislative action was not taken by either the Commission or the City Board, then the rezoning issue is not subject to an initiated action by the people pursuant to Arkansas Constitutional Amendment 7. Id. at 373-74. In Camden, the Court appeared to overturn a long line of cases that held that re -zoning decisions by municipal legislative bodies are legislative actions. See, e.g., Herring v. Stannus, 169 Ark. 244, 275 S.W. 321 (1925), Wenderoth v. City of Fort Smith, 251 Ark. 342, 472 S.W.2d 74 (1971), City of Little Rock v. Breeding, 273 Ark. 437, 619 S.W.2d 664 (1981), City of Little Rock v. Pfeifer, 318 Ark. 679, 887 S.W.2d 296 (1994), City of Lowell v. M & NMobile Home Park, Inc., 323 Ark. 332, 916 S.W.2d 95 (1996). However, subsequent to Camden, in two separate cases the Court has indicated that re -zoning ordinances are in fact legislative actions. In Murphy v. City of West Memphis, 352 Ark. 315, 101 S.W.3d 221 (2003), property owners challenged four separate ordinances, including an ordinance re -zoning certain property in West Memphis. The Court stated: Additionally, in reviewing cases involving legislative enactments such as zoning ordinances, there is a strong presumption that the legislative branch acted in a reasonable manner, and the burden is on the moving party to prove that the enactment was arbitrary or unreasonable. Id. at 321 (emphasis added). The Court again addressed whether re -zoning is legislative or administrative in Summit Mall Co., LLC v. Lemond, 355 Ark. 190, 132 S.W.3d 725 (2003). Summit Mall involved an ordinance passed by the City of Little Rock Board of Directors revising a previously approved Planned Commercial Development ("PCD"). A group of citizens sought to enjoin the City from issuing a building permit or taking any other action with respect to the ordinance. The City maintained that pursuant to the Court's decision in Camden, the ordinance approving the revised PCD was an administrative action and could therefore only be challenged pursuant to Ark. Code Ann. § 14-56-425. The plaintiffs maintained that re -zoning is a legislative action and that the jurisdictional challenge was based on a flawed reading of Camden. Id. at 199. The Court determined that the Board's action was not administrative, but legislative, and that the plaintiffs were not required to proceed pursuant to § 14-56-425. Id. at 201. The Court noted that the Summit Mall PCD was "not merely zoning in conformity with a previously adopted land -use development plan, but a comprehensive zoning effort which included numerous new requirements with future ramifications." Id. Summit Mall's application to re -zone the property to PCD is governed by the same chapter of the Little Rock Municipal Code that governed Petitioner's application to re -zone her property. See Exhibit "A-l" to the City's motion. Petitioner's re -zoning request is not in conformity with the City's previously adopted Land Use Plan and Land Use Map and would require amendment of the Land Use Plan and Land Use Map. See Exhibit "A" to the City's motion. The Planning Commission is an administrative body. It does not have the authority or the ability to either grant an application for a planned development or to amend the Land Use Plan and Land Use Map. It can simply recommend those actions to the Board of Directors. Re -zoning and amendment of the Land Use Plan and Land Use Map can only be accomplished by ordinance enacted by the City's Board of Directors. See Exhibit "A" to the City's motion. - In this case, if the Board had approved Petitioner's application, the City would have taken legislative action pursuant to the Court's decision in Summit Mall. Because the Board did not approve the application, based upon the language in Camden and Summit Mall, the City took neither administrative nor legislative action. In determining the nature of the Board's action in Camden, the Court held: -7-