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HomeMy WebLinkAboutZ-8937-A ApplicationCity of Little Rock L�tDepartment of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 March 4, 2015 Mr. J. Scott Schallhorn Mitchell Williams 420 West Capitol Avenue, Suite 1800 Little Rock, AR 72201-3525 Re: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permit; Request for Appeal of Plat Variances and Conditional Use Permit Dear Mr. Schalhorn: This office has received your appeal of the Planning Commission's action on December 18, 2014, in which the Commission approved a conditional use permit to allow the development of a wastewater treatment system and a preliminary plat which included variances. The issue was placed on the Board of Director's February 24, 2015, agenda to set the date of Public Hearing for April 7, 2015. The Board of Directors' meetings begin at 6:00 p.m. and are held in the Board's Chambers located on the second floor of City Hall at 500 West Markham Street. As the appellant, you are responsible for notification of the public hearing. I have attached a notice form. Notices must be sent via certified mail. The notices are to be mailed no later than ten (10) days prior to the Board of Director's April 7, 2015 (March 27, 2015). Return a copy of the notice, the list of persons notified and the certified mail receipts to the City Clerk no later than April 3, 2015. If you have any questions, please do not hesitate to contact me at 371-6821 or djames@littlerock.org. Respectfully, Donna James, AICP Subdivision Administrator cc: Susan Langley, City Clerk Tony Bozynski, Director of Planning and Development Bill Spivey, NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON A REQUEST FOR THE REPEAL OF THE PLANNING COMMISSION'S DECISION OF APPROVAL OF A CONDITIONAL USE PERMIT AND APPROVAL OF A PRELIMINARY PLAT WITH VARIANCES To all owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address: General Location: Owned By: NOTICE IS HEREBY GIVEN THAT an appeal of the planning commission's approval of a conditional use permit and a preliminary plat with variances request for property located at 10000 Old Arkansas has been filed for public hearing before the Little Rock Board of Directors. The Little Rock Board of Directors will hear this appeal request at their public hearing. The hearing begins at p.m. The public hearing will be held in the Board of Directors Chambers, Second Floor, City Hall. ALL PARTIES IN INTEREST MAY APPEAR and b AFFIDAVIT e I herby 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 Board of Directors at the time and place described above. Applicant (Owner of Authorized Agent (Name) (Date) In addition to the 200-foot notification list of property owners previously notified you are required to notify the following individuals and neighborhood associations as well: Dr. Andrijka Kwasny 9700 Old Arkansas Drive Roland, AR 72135 James Morgan 9723 Barrett Road Roland, AR 72135 Jenny Eastham 9820 Old Arkansas Drive Roland, AR 72135 J Pongeth 4819 Lee Avenue Little Rock, AR 72205 Don Thompson 11204 Barrett Road Roland, AR 72135 Resident 11225 Old Arkansas Drive Roland, AR 72135 Jeanie Richardson and Rob Richardson 11101 Old Arkansas Drive Roland, AR 72135 Dorthy Ahring 9901 Old Arkansas Drive Roland, AR 72135 Pat and Peggy Malmstrom 11201 Old Arkansas Drive Roland, AR 72135 James, Donna MMMENMOMMOMMmo- From: Russell Rainey <russeII@rainey.cc> Sent: Thursday, December 04, 2014 6:39 AM To: James, Donna Cc: Sarah Waggoner Subject: Fwd: Old Arkansas Attachments: image001 jpg Donna, Please see the letter below from the Lake Maumelle Volunteer hire Dept. Thanks" Russell ----- rorwarded message ---------- From: Robert Taylor <roberO i [1r conhG,tst.net> Date: Wed, Dee 3, 2014 at 8:03 PM Subject: Old Arkansas To: russeINvr iincv.cr Mr Rainey. Please let me know if you need anything else. Robert Taylor/Chief'-Lake Maumelle Fire We look forward to this development going tbnvard. [sake MaumelIC Volunteer Fire Dept, 20720 Clay St/PO Box 58 Roland AR 72135 December 02, 2014 I Re:Old Arkansas Subdivision Mr Russell Rainey; The officers of the Lake Maumelle Fire Department have reviewed the proposed plat of the Old Arkansas subdivision and find that it is satisfactory and meets our needs to service it. Robert Taylor Chief -Lake Maumelle Bozynski, Ton From: Russell Rainey <russell@rainey.cc> Sent: Monday, April 06, 2015 1:20 PM To: Bozynski, Tony; James, Donna Cc: Bill Spivey; Mike Marlar Subject: Withdrawal of Requests for Variances and Conditional Use Permit Mr. Tony Bozynski, Director Ms. Donna James, AICP, Subdivision Administrator Department of Planning and Development 723 West Markham Street Little Rock, AR 72201 RE: Application Nos. 5-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR, Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permit; Requests for Plat Variances and Conditional Use Permits Dear Ms. James and Mr. Bozynski Notwithstanding your Staff s recommendation of approval and the affirmative vote of the Little Rock Planning Commission, we have decided to withdraw our requests for variances from the minimum lot sizes for residential subdivisions and for the Conditional Use Permits requested in connection with our preliminary plat. We withdraw these requests without prejudice to refile a request for approval of our preliminary plat for the same or similar property at a future date. It is our understanding that the withdrawal of these requests will moot any further appeal of these issues to the Board of Directors of the City of Little Rock and that it will no longer be necessary for us to appear before the Board of Directors at its regularly scheduled meeting on Tuesday, April 7, 2015, in connection with the appeal taken from the approval of the variances and the Conditional Use Permits by the Planning Commission in December of 2014. If for any reason, you have questions concerning this action, please feel free to contact the undersigned as soon as possible. Sincerely, Russell Rainey MITCHELL II WILLIAMS J. Scott Schallhorn 425 West Capitol Avenue, Suite 1800 Direct Dial: 501-688-8854 Little Rock, Arkansas 72201-3525 Fax: 501-918-7854 Telephone: 501-688-8800 E-mail: sschallhorn@mwlaw.com Fax: 501-688-8807 January 14, 2015 Hon. Mark Stodola Members of Board of Directors City of Little Rock, Arkansas 500 West Markham Street Little Rock, Arkansas 72201 Re: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR; Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permits; Request for Appeal of Plat Variances and Conditional Use Permits Dear Mayor Stodola and Board Members This firm represents property owners located on Old Arkansas Road, both adjacent to and others nearby the property at 10000 Old Arkansas Drive that is the subject of the above -referenced Applications. Please accept this letter as a request for appeal to the Board of Directors of the granting by the Little Rock Planning Commission on December 18, 2014 of the following related to the above Applications: 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line; 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback; 3. A variance from Section 36-254(d)(3) to allow a reduced rear yard setback; 4. A variance from Section 36-254(d)(4) to allow a reduced lot depth; 5. A variance from Section 31-231 to allow lots to develop on a private street; 6. A variance from the Master Street Plan to allow street grade to exceed the 12% allowed; 7. A conditional use permit permitting the placement of a wastewater treatment system; and 8. A conditional use permit permitting the construction of community buildings and pool. This notice is delivered in accordance with Sections 31-12 and 36-101 of the Little Rock City Code. Yours very truly, MITCHELL, WILLIAMS, SELIG, GATES W ARD L.C. By . Scott Schallhorn JSS:tbs cc: Ms. Donna James 3587517.2 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. I Attorneys at Law MiuchellWilliamsLaw.com MITCHELL I WILLIAMS J. Scott Schallhorn Direct Dial: 501-688-8854 Fax:501-918-7854 E-mail: sschallhorn@mwlaw.com January 14, 2015 VIA HAND DELIVERY Ms. Donna James Little Rock Planning Department City of Little Rock 723 West Markham Street, 1 st Floor Little Rock, Arkansas 72201-1334 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201-3525 Telephone: 501-688-8800 Fax:501-688-8807 Re: Application Nos. 5-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR; Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permits; Request for Appeal of Plat Variances and Conditional Use Permits Dear Ms. James: Enclosed is an original letter addressed to the Mayor and Board of Directors requesting an appeal from the Planning Commission's actions on the above -referenced Applications. As discussed, please attach to the letter the items required from the Planning Department by Little Rock City Code and present it to the appropriate office to secure the appeal. The letter requesting the appeal must be delivered on or before Friday, January 16, 2015. Thank you for your assistance. Please advise if you need additional information or documents from me. Yours very truly, MITCHELL, WILLIAMS, SELIG, GATES & ODYARD, P.L.L.C. By J. Scott Schallhorn JSS:tbs Enclosure cc: Pat Malmstrom (via e-mail) 3588541.1 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. I Attorneys at Law MitchellWilliamsLaw.com City of Little Rock CcDepartment of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 January 21, 2015 Mr. J. Scott Schallhorn Mitchell Williams 420 West Capitol Avenue, Suite 1800 Little Rock, AR 72201-3525 Re: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permit; Request for Appeal of Plat Variances and Conditional Use Permit Dear Mr. Schalhorn This office has received your appeal of the Planning Commission's action on December 18, 2014, in which the Commission approved a conditional use permit to allow the development of a wastewater treatment system and a preliminary plat which included variances. The issue will be placed on the Board of Director's February 17, 2015, agenda to set the date of Public Hearing for March 3, 2015. The Board of Directors' meetings begin at 6:00 p.m. and are held in the Board's Chambers located on the second floor of City Hall at 500 West Markham Street. No one needs to be present at the February 17, 2015, Board of Director's meeting. As the appellant, you are responsible for notification of the public hearing. I have attached a notice form. Notices must be sent via certified mail. The notices must not be sent prior to the February 17, 2015, Public Hearing. On February 18, 2015, contact the City Clerk or me to assure the March 3, 2015, Public Hearings date was set. The notices must then be mailed no later than February 20, 2015. Return a copy of the notice, the list of persons notified and the certified mail receipts to the City Clerk no later than February 27, 2015. If you have any questions, please do not hesitate to contact me at 371-6821 or djames@littlerock.org. R Ym Donns, AICP Subdivision Administrator cc: Susan Langley, City Clerk Tony Bozynski, Director of Planning and Development Bill Spivey, NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON A REQUEST FOR THE REPEAL OF THE PLANNING COMMISSION'S DECISION OF APPROVAL OF A CONDITIONAL USE PERMIT AND APPROVAL OF A PRELIMINARY PLAT WITH VARIANCES To all owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address: General Location: Owned By: NOTICE IS HEREBY GIVEN THAT an appeal of the planning commission's approval of a conditional use permit and a preliminary plat with variances request for property located at 10000 Old Arkansas has been filed for public hearing before the Little Rock Board of Directors. The Little Rock Board of Directors will hear this appeal request at their public hearing. The hearing begins at p.m. The public hearing will be held in the Board of Directors Chambers, Second Floor, City Hall. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Board of Directors of their view on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham Street, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I herby 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 Board of Directors at the time and place described above. Applicant (Owner of Authorized Agent (Name) (Date) In addition to the 200-foot notification list of property owners previously notified you are required to notify the following individuals and neighborhood associations as well: Dr. Andrijka Kwasny 9700 Old Arkansas Drive Roland, AR 72135 James Morgan 9723 Barrett Road Roland, AR 72135 Jenny Eastham 9820 Old Arkansas Drive Roland, AR 72135 J Pongeth 4819 Lee Avenue Little Rock, AR 72205 Don Thompson 11204 Barrett Road Roland, AR 72135 Resident 11225 Old Arkansas Drive Roland, AR 72135 Jeanie Richardson and Rob Richardson 11101 Old Arkansas Drive Roland, AR 72135 Dorthy Ahring 9901 Old Arkansas Drive Roland, AR 72135 Pat and Peggy Malmstrom 11201 Old Arkansas Drive Roland, AR 72135 PULASKI COUNTY TITLE 12921 CANTRELL ROAD STE 401 LITTLE ROCK, ARKANSAS 72223 501-537-3700 FAX 501-537-3701 18 APRIL, 2014. RE; A PART OF THE SW 114 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A FOUND 1/2 INCH REBAR BEING USED AS THE NE CORNER OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST; THENCE SOUTH 89 DEGREES 57 MINUTES 26 SECONDS WEST 359.33 FEET TO A POINT, THENCE SOUTH 00 DEGREES 48 MINUTES 14 SECONDS WEST 170.11 FEET TO A FOUND 518 INCH REBAR FOR THE POINT OF BEGINNING; THENCE CONTIMJE SOUTH 00 DEGREES 48 MINUTES 14 SECONDS WEST 71.74 FEET TO A FOUND 518 INCH REBAR; THENCE SOUTH 01 DEGREES 19 MINUTES 23 SECONDS WEST 221.08 FEET TO A FOUND 1/2 INCH REBAR; THENCE SOUTH 01 DEGREE 32 MINUTES 24 SECONDS WEST 395.76 FEET TO A FOUND TO A FOUND 5/8 INCH REBAR; THENCE NORTH 50 DEGREES 40 MINUTES 29 SECONDS WEST 83.34 FEET TO A POINT; THENCE NORTH 81 DEGREES 45 MINUTES 50 SECONDS WEST 51,49 FEET TO A POINT; THENCE SOUTH 80 DEGREES 35 MINUTES 10 SECONDS WEST 39.85 FEET TO A FOUND 1/2 INCH REBAR; THENCE NORTH 79 DEGREES 28 MINUTES 54 SECONDS WEST 322,39 FEET TO A POINT; THENCE SOUTH 42 DEGREES 11 MINUTES 18 SECONDS WEST 212.01 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING ROAD 50 FOOT ROAD EASEMENT; THENCE ALONG SAID EASEMENT THE FOLLOWING SIX BEARINGS AND DISTANCES: NORTH 36 DEGREES 05 MINUTES 49 SECONDS WEST 36.39 FEET; NORTH 41 DEGREES 12 MINUTES 49 SECONDS WEST 194.83 FEET; NORTH 20 DEGREES 55 MINUTES 02 SECONDS WEST 129.04 FEET; NORTH 17 DEGREES 43 MINUTES 26 SECONDS WEST 123.79 FEET; NORTH 20 DEGREES 25 MINUTES 39 SECONDS WEST 92.71 FEET; THENCE ALONG THE ARC OF A 236.57 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD HEARING AND DISTANCE OF: NORTH 03 DEGREES 43 MINUTES 42 SECONDS WEST 141.89 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 14 SECONDS EAST LEAVING SAID CENTERLINE 654.79 FEET TO A FOUND 1/2 INCH REBAR; THENCE NORTH 00 DEGREES 16 MINUTES 21 SECONDS EAST 93.22 FEET TO A FOUND 5/8 INCH REBAR; THENCE SOUTH 89 DEGREES 43 MINUTES 50 SECONDS EAST 251.54 FEET TO THE POINT OF BEGINNING. AND A PART OF THE SW 1/4 NW 114 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OD SAID SW 1/4 NW 1/4 AND RUN NORTH 89 DEGREES 56 MINUTES EAST 334 FEET; THENCE SOUTHWEST ALONG THE EASTERLY SIDE OF A ROAD, SOUTH 47 DEGREES WEST 270 FEET; THENCE SOUTH 25 DEGREES WEST 85 FEET TO THE POINT OF BEGINNING; THENCE. RUN EAST 170 FEET; THENCE SOUTH 209 FEET; THENCE WEST 267.5 FEET TO A ROAD; THENCE NORTHEASTERLY ALONG SAID ROAD 230 FEET TO THE POINT OF BEGINNING. AND A PART OF THE SW 1/4 OF THE NW 114 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SW 1/4 NW 1/4 AND RUN THENCE NORTH 60 DEGREES 48 MINUTES W 567.1 FEET; THENCE NORTH 4 DEGREES 17 MINUTES EAST 401.28 FEET; THENCE NORTH 75 DEGREES 39 MINUTES WEST 29,15 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 75 DEGREES 39 MINUTES WEST 142 FEET TO AN IRON PIN; THENCE RUN NORTH 300 FEET; THENCE EAST 137.5 FEET; THENCE SOUTH 335,19 FEET, TO THE POINT OF BEGINNING. THE FOLLOWING IS A LIST OF THE APPARENT PROPERTY OWNERS WITHIN 200 FEET OF THE ABOVE DESCRIBED LAND: PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, ALL IN PULASKI COUNTY, ARKANSAS. FRANCES ROBIN LINDSEY 12 KELTWOOD COVE LITTLE ROCK, AR 72204 AND/OR 5310 US HWY 66 ASHLAND, OR 97520 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2 INCH PIPE BEING USED FOR THE SE CORNER OF THE SW 1/4 NW 1/4; THENCE NORTH 82 DEGREES 36 MINUTES 16 SECONDS WEST 377.72 FEET TO A FOUND 5/8 INCH REBAR; THENCE NORTH 09 DEGREES 31 MINUTES 20 SECONDS EAST 279.74 FEET TO A FOUND 5/8 INCH REBAR; THENCE NORTH 82 DEGREES 15 MINUTES 36 SECONDS WEST 29.98 FEET TO A FOUND 1/2 INCH REBAR BEING THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 38 MINUTES 55 SECONDS WEST, 178.02 FEET TO A FOUND 1/2 INCH REBAR; THENCE NORTH 09 DEGREES 23 MINUTES 39 SECONDS EAST 142.31 FEET TO FOUND 1/2 INCH REBAR IN THE CENTERLINE OF A SMALL CREEK; THENCE ALONG THE SAID CENTERLINE THE FOLLOWING THREE COURSES AND DISTANCES; THENCE RUN NORTH 80 DEGREES 35 MINUTES 10 SECONDS EAST 39.85 FEET; THENCE SOUTH 81 DEGREES 45 MINUTES 50 SECONDS EAST 51.49 FEET THENCE SOUTH 50 DEGREES 40 MINUTES 29 SECONDS EAST 84.34 FEET TO A SET 5/8 INCH REBAR, THENCE SOUTH 01 DEGREE 32 MINUTES 4 SECONDS WEST 115.07 FEET TO THE POINT OF BEGINNING. AND A PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE NORTH 83 DEGREES 35 MINUTES WEST 201 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 09 MINUTES EAST 280.4 FEET; THENCE NORTH 83 DEGREES 07 MINUTES WEST 135.8 FEET; THENCE SOUTH 8 DEGREES 42 MINUTES WEST 280 FEET; THENCE SOUTH 83 DEGREES 35 MINUTES EAST 176.15 FEET TO THE POINT OF BEGINNING. AND PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SW 1/4 NW 114; THENCE NORTH 89 DEGREES 41 MINUTES 16 SECONDS WEST 382.12 FEET TO THE POINT OF BEGINNING; THENCE NORTH 09 DEGREES 46 MINUTES 24 SECONDS EAST 329.71 FEET; THENCE NORTH 81 DEGREES 46 MINUTES 25 SECONDS WEST 29.97 FEET; THENCE NORTH 80 DEGREES 17 MINUTES 00 SECONDS WEST 178.01 FEET; THENCE SOUTH 09 DEGREES 46 MINUTES 24 SECONDS WEST 74.94 FEET; THENCE NORTH 86 DEGREES 44 MINUTES 08 SECONDS WEST 99.6 FEET; THENCE SOUTH 42 DEGREES 24 MINUTES 48 SECONDS EAST 150.79 FEET; THENCE NORTH 69 DEGREES 28 MINUTES 17 SECONDS WEST 333.55 FEET; THENCE SOUTH 40 DEGREES 54 MINUTES 19 SECONDS WEST 28.31 FEET TO THE CENTERLINE OF OLD ARKANSAS DRIVE; THENCE SOUTH 49 DEGREES 05 MINUTES 41 SECONDS EAST 164,25 FEET; THENCE SOUTH 53 DEGREES 32 MINUTES 42 SECONDS EAST 148,56 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 613.97 FEET A CHORD BEARING AND DISTANCE OF SOUTH 65 DEGREES 15 MINUTES 15 SECONDS EAST 186.75 FEET; THENCE SOUTH 88 DEGREES 31 MINUTES 48 SECONDS EAST 44.98 FEET TO THE SOUTH LINE OF SAID SW 1/4 NW 1/4; THENCE 89 DEGREES 41 MINUTES 16 SECONDS EAST 32.58 FEET TO THE POINT OF BEGINNING. CHRIS DARRAGH AND ANDREA KWASNY 9700 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE NORTH 64 DEGREES 48 MINUTES WEST 567.1 FEET; THENCE SOUTH 19 DEGREES 01 MINUTES WEST 40 FEET TO THE POINT OF BEGINNING: THENCE RUN NORTH 61 DEGREES 52 MINUTES WEST 346A FEET; THENCE NORTH 35 DEGREES 56 MINUTES WEST 159 FEET; THENCE NORTH 55 DEGREES 42 MINUTES EAST 136 FEET; THENCE SOUTH 27 DEGREES 50 MINUTES EAST 466.9 FEET TO THE POINT OF BEGINNING. AND PART OF THE SW 1/4 NW 114 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SW 1/4 NW 1/4; THENCE ALONG THE SOUTH LINE OF SAID SW 1/4 NW 1/4 NORTH 89 DEGREES 41 MINUTES 16 SECONDS WEST 592.98 FEET; THENCE NORTH 09 DEGREES 46 MINUTES 24 SECONDS EAST 288.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 09 DEGREES 46 MINUTES 24 SECONDS EAST 217.36 FEET; THENCE NORTH 79 DEGREES 05 MINUTES 35 SECONDS WEST 322.39 FEET; THENCE SOUTH 42 DEGREES 35 MINUTES 34 SECONDS WEST 49.11 FEET; THENCE SOUTH 42 DEGREES 24 MINUTES 48 SECONDS EAST 316,08 FEET; THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST 99,86 FEET TO THE POINT OF BEGINNING. THE JENNY LEA EASTHAM REVOCABLE TRUST 9820 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW 1/4 NW 1/4; RUN THENCE NORTH 0 DEGREES 55 MINUTES EAST 248.8 FEET; THENCE NORTH 89 DEGREES 51 MINUTES EAST 446.7 FEET TO A ROAD; THENCE ALONG SAID ROAD SOUTH 52 DEGREES 27 MINUTES EAST 410 FEET; LEAVING SAID ROAD RUN THENCE WEST 775.7 FEET TO THE POINT OF BEGINNING. ROBERT T. CROFT AND JO ELLEN CROFT 9819 OLD ARKANSAS DR ROLAND, AR 72135 A PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4 FOR THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 07 MINUTES EAST 829 FEET; THENCE NORTH 89 DEGREES 25 MINUTES WEST 364.3 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES WEST 510 FEET; THENCE SOUTH 83 DEGREES 07 MINUTES EAST 321.8 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES WEST 279.1 FEET; THENCE SOUTH 83 DEGREES 35 MINUTES EAST 45 FEET TO THE POINT OF BEGINNING. AND PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE NORTH 00 DEGREES 07 MINUTES EAST 552.0 FEET; THENCE WEST A DISTANCE OF 45 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 07 MINUTES EAST A DISTANCE OF 185.0 FEET; THENCE WEST A DISTANCE OF 130.0 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES WEST A DISTANCE OF 185 FEET; THENCE EAST A DISTANCE OF 130 FEET TO THE POINT OF BEGINNING. RICKY L. FINKBEINER AND CHARLOTTE M. FINKBEINER 10800 BARRETT RD. ROLAND, AR 72135 TRACT G-1R, PINNACLE RIDGE ESTATES, AN ADDITION TO PULASKI COUNTY, ARKANSAS. AND PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE SW 1/4 NW 1/4; THENCE NORTH 89 DEGREES 36 MINUTES 13 SECONDS WEST A DISTANCE OF 364.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 36 MINUTES 13 SECONDS WEST A DISTANCE OF 248.0 FEET; THENCE SOUTH 00 DEGREES 42 MINUTES 02 SECONDS WEST A DISTANCE OF 176.45 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF 245.67 FEET TO A POINT; THENCE NORTH 01 DEGREE 28 MINUTES 51SECONDS EAST A DISTANCE OF 176.48 FEET TO THE POINT OF BEGINNING. JAMES PONGETTI AND DEBI PONGETTI 3701 CHARLESTON DR, JONESBORO, AR 72404 TRACT G-2R, PINNACLE RIDGE ESTATES, AN ADDITION TO PULASKI COUNTY, ARKANSAS. THE HALL JOINT REVOCABLE TRUST 10800 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SOUTHWEST QUARTER NORTHWEST QUARTER SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER NORTHWEST QUARTER; RUN THENCE NORTH 89 DEGREES 46 MINUTES 45 SECONDS EAST 334 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 46 MINUTES 45 SECONDS EAST 364 FEET; THENCE SOUTH 0 DEGREES 05 MINUTES WEST 262.5 FEET; THENCE WEST 597 FEET; THENCE NORTH 25 DEGREES EAST 85 FEET; THENCE NORTH 47 DEGREES EAST 270 FEET TO THE POINT OF BEGINNING. DEREK R. FRANKLIN AND JILL FRANKLIN 11 CEDAR CV, MAUMELLE, AR 72113 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SW 1/4 NW 1/4 FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 7 MINUTES WEST 479.7 FEET; THENCE NORTH 89 DEGREES 25 MINUTES WEST 45 FEET; THENCE NORTH 00 DEGREES 7 MINUTES EAST 239.9 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES WEST 319.3 FEET; THENCE NORTH 00 DEGREES 7 MINUTES EAST 239.2 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 45 SECONDS EAST 364.3 FEET TO THE POINT OF BEGINNING. THE DOROTHY PARKMAN REVOCABLE TRUST C/O SIMMONS FIRST TRUST COMPANY, N.A. P.O. BOX 992 EL DORADO, AR 73731 PART OF THE N 1/2 AND PART OF THE N 1/2 OF THE S 1/2 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 14 WEST, ALL IN PULASKI COUNTY, ARKANSAS. J. H. LAND, INC. P.O. BOX 7588 LITTLE ROCK, AR 72217-7588 A PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW 1/4 NW 1/4; THENCE NORTH 00 DEGREES 55 MINUTES EAST 248,8 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 55 MINUTES EAST 105 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES EAST 312 FEET; THENCE SOUTH 52 DEGREES 27 MINUTES EAST 170 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES WEST 446.7 FEET TO THE POINT OF BEGINNING, THE JAMES M. RAY FAMILY TRUST C/O MADELYN B. RAY 37 ROBINWOOD DR LITTLE ROCK, AR 72227 PART OF THE SW 1/4 NW 114 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER NW 1/4 NW 1/4 SECTION 4; THENCE NORTH 89 DEGREES 55 MINUTES EAST 273.13 FEET; THENCE SOUTH 45 DEGREES 30 MINUTES 47 SECONDS WEST 286.86 FEET; THENCE SOUTH 04 DEGREES 49 MINUTES 30 SECONDS WEST 179.98 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES WEST 58,42 FEET; THENCE NORTH 00 DEGREES 55 MINUTES EAST 380.1 FEET TO THE POINT OF BEGINNING. THE MALMSTROM FAMILY LIMITED COMPANY 11201 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW 1/4 NW 1/4; RUN THENCE NORTH 00 DEGREES 55 MINUTES EAST 353.8 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89 DEGREES 56 MINUTES EAST 312 FEET TO A ROAD; THENCE MEANDERING, RUN ALONG SAID ROAD NORTHWESTERLY 617 FEET; THENCE LEAVING SAID ROAD RUN WEST 45 FEET; THENCE RUN SOUTH 00 DEGREES 55 MINUTES WEST 563.1 FEET TO THE POINT OF BEGINNING. DOROTHY AHRING 9901 OLD ARKANSAS DR ROLAND, AR 72135 CERTIFIED THIS THE 3RD DAY OF APRIL, 2014 @ 6:00 A.M. THIS IS A LIMITED SEARCH OF THE RECORDS AND IS NOT TO BE CONSTRUED AS A TITLE INSURANCE POLICY, LEGAL OPINION OR COMMITMENT TO INSURE. LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS SEARCH. SINCERELY, ZV MG.L I� RTA MITCHELL I Scott Schallhorn Direct Dial: 501-688-8854 Fax:501-918-7654 E-mail: sschallhorn@mwlaw.com VIA HAND DELIVERY Ms. Donna James Little Rock Planning Department City of Little Rock 723 West Markham Street, 1 st Floor Little Rock, Arkansas 72201-1334 WILLIAMS January 14, 2015 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201-3525 Telephone: 501-688-8800 Fax: 501-688-8807 Re: Application Nos. 5-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR; Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permits; Request for Appeal of Plat Variances and Conditional Use Permits Dear Ms. James: Enclosed is an original letter addressed to the Mayor and Board of Directors requesting an appeal from the Planning Commission's actions on the above -referenced Applications. As discussed, please attach to the letter the items required from the Planning Department by Little Rock City Code and present it to the appropriate office to secure the appeal. The letter requesting the appeal must be delivered on or before Friday, January 16, 2015. Thank you for your assistance. Please advise if you need additional information or documents from me. Yours very truly, MITCHELL, WILLIAMS, SELIG, GATES & ODYARD, P.L.L.C. By J. Scott Schallhorn JSS:tbs Enclosure cc: Pat Malmstrom (via e-mail) 3588541.1 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. I Attorneys at Law MitchellWilliamsLaw.com MITCHELL II WILLIAMS J. Scott Schallhorn 425 West Capitol Avenue, Suite 1800 Direct Dial: 501-688-8854 Little Rock, Arkansas 72201-3525 Fax: 501-918-7854 Telephone: 501-688-8800 E-mail: sschallhorn@mwlaw.com Fax: 501-688-8807 January 14, 2015 Hon. Mark Stodola Members of Board of Directors City of Little Rock, Arkansas 500 West Markham Street Little Rock, Arkansas 72201 Re: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR; Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permits; Request for Appeal of Plat Variances and Conditional Use Permits Dear Mayor Stodola and Board Members This firm represents property owners located on Old Arkansas Road, both adjacent to and others nearby the property at 10000 Old Arkansas Drive that is the subject of the above -referenced Applications. Please accept this letter as a request for appeal to the Board of Directors of the granting by the Little Rock Planning Commission on December 18, 2014 of the following related to the above Applications: 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line; 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback; 3. A variance from Section 36-254(d)(3) to allow a reduced rear yard setback; 4. A variance from Section 36-254(d)(4) to allow a reduced lot depth; 5. A variance from Section 31-231 to allow lots to develop on a private street; 6. A variance from the Master Street Plan to allow street grade to exceed the 12% allowed; 7. A conditional use permit permitting the placement of a wastewater treatment system; and 8. A conditional use permit permitting the construction of community buildings and pool. This notice is delivered in accordance with Sections 31-12 and 36-101 of the Little Rock City Code. Yours very truly, MITCHELL, WILLIAMS, SELIG, GATES W ARD L.C. By J. Scott Schallhorn JSS:tbs cc: Ms. Donna James 3587517.2 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. I Attorneys at Law MitchellWilliamsLaw.com City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 January 21, 2015 Mr. J. Scott Schallhorn Mitchell Williams 420 West Capitol Avenue, Suite 1800 Little Rock, AR 72201-3525 Re: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permit; Request for Appeal of Plat Variances and Conditional Use Permit Dear Mr. Schalhorn: This office has received your appeal of the Planning Commission's action on December 18, 2014, in which the Commission approved a conditional use permit to allow the development of a wastewater treatment system and a preliminary plat which included variances. The issue will be placed on the Board of Director's February 17, 2015, agenda to set the date of Public Hearing for March 3, 2015. The Board of Directors' meetings begin at 6:00 p.m. and are held in the Board's Chambers located on the second floor of City Hall at 500 West Markham Street. No one needs to be present at the February 17, 2015, Board of Director's meeting. As the appellant, you are responsible for notification of the public hearing. I have attached a notice form. Notices must be sent via certified mail. The notices must not be sent prior to the February 17, 2015, Public Hearing. On February 18, 2015, contact the City Clerk or me to assure the March 3, 2015, Public Hearings date was set. The notices must then be mailed no later than February 20, 2015. Return a copy of the notice, the list of persons notified and the certified mail receipts to the City Clerk no later than February 27, 2015. If you have any questions, please do not hesitate to contact me at 371-6821 or djames@littlerock.org. R} ""y, .I Donn mes, AICP Subdivision Administrator cc: Susan Langley, City Clerk Tony Bozynski, Director of Planning and Development Bill Spivey, NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON A REQUEST FOR THE REPEAL OF THE PLANNING COMMISSION'S DECISION OF APPROVAL OF A CONDITIONAL USE PERMIT AND APPROVAL OF A PRELIMINARY PLAT WITH VARIANCES To all owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address: General Location: Owned By: NOTICE IS HEREBY GIVEN THAT an appeal of the planning commission's approval of a conditional use permit and a preliminary plat with variances request for property located at 10000 Old Arkansas has been filed for public hearing before the Little Rock Board of Directors. The Little Rock Board of Directors will hear this appeal request at their public hearing. The hearing begins at p.m. The public hearing will be held in the Board of Directors Chambers, Second Floor, City Hall. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Board of Directors of their view on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham Street, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I herby 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 Board of Directors at the time and place described above. Applicant (Owner of Authorized Agent (Name) (Date) In addition to the 200-foot notification list of property owners previously notified you are required to notify the following individuals and neighborhood associations as well: Dr. Andrijka Kwasny 9700 Old Arkansas Drive Roland, AR 72135 James Morgan 9723 Barrett Road Roland, AR 72135 Jenny Eastham 9820 Old Arkansas Drive Roland, AR 72135 J Pongeth 4819 Lee Avenue Little Rock, AR 72205 Don Thompson 11204 Barrett Road Roland, AR 72135 Resident 11225 Old Arkansas Drive Roland, AR 72135 Jeanie Richardson and Rob Richardson 11101 Old Arkansas Drive Roland, AR 72135 Dorthy Ahring 9901 Old Arkansas Drive Roland, AR 72135 Pat and Peggy Malmstrom 11201 Old Arkansas Drive Roland, AR 72135 PULASKI COUNTY TITLE 12921 CANTRELL ROAD STE 401 LITTLE ROCK, ARKANSAS 72223 501-537-3700 FAX 501-537-3701 18 APRIL, 2014. RE: A PART OF THE SW 114 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCR03ED AS FOLLOWS: COMMENCING AT A FOUND It2 INCH REBAR BEING USED AS THE NE CORNER OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST; THENCB SOUTH 89 DEGREES 57 MINUTES 26 SECONDS WEST 359.33 FEET TO A POINT; THENCE SOUTH 00 DEGREES 48 MINUTES 14 SECONDS WEST 170.11 FEET TO A FOUND 5/8 INCH REBAR FOR THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES 48 MINUTES 14 SECONDS WEST 71.74 FEET TO A FOUND 5/8 INCH REBAR; THENCE SOUTH 01 DEGREES 19 MINUTES 23 SECONDS WEST 221.08 FEET TO A FOUND 1/2 INCH REBAR; THENCE SOUTH 01 DEGREE 32 MINUTES 24 SECONDS WEST 395.76 FEET TO A FOUND TO A FOUND 518 INCH REBAR; THENCE NORTH 50 DEGREES 40 MINUTES 29 SECONDS WEST 83.34 FEET TO A POINT; THENCE NORTH 81 DEGREES 45 MINUTES 50 SECONDS WEST 51 A9 FEET TO A POINT; THENCE SOUTH 80 DEGREES 35 MINUTES 10 SECONDS WEST 39.85 FEET TO A FOUND 1/2 INCH REBAR; THENCE NORTH 79 DEGREES 28 MINUTES 54 SECONDS WEST 322.39 FEET TO A POINT; THENCE SOUTH 42 DEGREES 11 MINUTES 18 SECONDS WEST 212.01 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING ROAD 50 FOOT ROAD EASEMENT; THENCE ALONG SAID EASEMENT THE FOLLOWING SIX BEARINGS AND DISTANCES: NORTH 36 DEGREES 05 MINUTES 49 SECONDS WEST 36.39 FEET; NORTH 41 DEGREES 12 MINUTES 49 SECONDS WEST 194.83 FEET; NORTH 20 DEGREES 55 MINUTES 02 SECONDS WEST 129.04 FEET; NORTH 17 DEGREES 43 MINUTES 26 SECONDS WEST 123.79 FEET; NORTH 20 DEGREES 25 MINUTES 39 SECONDS WEST 92.71 FEET; THENCE ALONG THE ARC OF A 236.57 FOOT RADIUS CURVE TO THE RIGHT RAVING A CHORD BEARING AND DISTANCE OF: NORTH 03 DEGREES 43 MINUTES 42 SECONDS WEST 141.89 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 14 SECONDS EAST LEAVING SAID CENTERLINE 654.79 FEET TO A FOUND 1/2 INCH REBAR; THENCE NORTH 00 DEGREES 16 MINUTES 21 SECONDS EAST 93.22 FEET TO A FOUND 518 INCH REBAR; THENCE SOUTH 89 DEGREES 43 MINUTES 50 SECONDS EAST 251.54 FEET TO THE POINT OF BEGINNING. AND A PART OF THE SW 114 NW 114 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST. PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OD SAID SW 114 NW 114 AND RUN NORTH 89 DEGREES 56 MINUTES EAST 334 FEET; THENCE SOUTHWEST ALONG THE EASTERLY SIDE OF A ROAD, SOUTH 47 DEGREES WEST 270 FEET; THENCE SOUTH 25 DEGREES WEST 85 FEET TO THE POINT OF BEGINNING; THENCE RUN EAST 170 FEET; THENCE SOUTH 209 FEET; THENCE WEST 267.5 FEET TO A ROAD; THENCE NORTHEASTERLY ALONG SAID ROAD 230 FEET TO THE POINT OF BEGINNING. AND A PART OF THE SW 114 OF THE NW 114 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF TFIE SW 1/4 NW 1/4 AND RUN THENCE NORTH 60 DEGREES 48 MINUTES W 567,1 FEET; THENCE NORTH 4 DEGREES 17 MINUTES EAST 401.28 FEET; THENCE NORTH 75 DEGREES 39 MINUTES WEST 29.15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE? NORTH 75 DEGREES 39 MINUTES WEST 142 FEET TO AN IRON PIN; THENCE RUN NORTH 300 FEET; THENCE EAST 137.5 FEET; THENCE SOUTH 335.19 FEET, TO THE POINT OF BEGINNING. THE FOLLOWING IS A LIST OF THE APPARENT PROPERTY OWNERS WITHIN 200 FEET OF THE ABOVE DESCRIBED LAND: molt ' 7THIS ®� SITE n- 0 ERB D LL RL so _ z o®16 ® — _ 6ARRET-T--RD rwoS Land Use Plan Lj 0 -L Case: Z-8937-A N Location: 10000 Block of Old Arkansas Ward: N/A PD: 29 0 150300 600 Feet CT: 42.01 r TRS: T2N R14W4 PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, ALL IN PULASKI COUNTY, ARKANSAS. FRANCES ROBIN LINDSEY 12 KELTWOOD COVE LITTLE ROCK, AR 72204 AND/OR 5310 US HWY 66 ASHLAND, OR 97520 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2 INCH PIPE BEING USED FOR THE SE CORNER OF THE SW 1/4 NW 1/4; THENCE NORTH 82 DEGREES 36 MINUTES 16 SECONDS WEST 377.72 FEET TO A FOUND 518 INCH REBAR; THENCE NORTH 09 DEGREES 31 MINUTES 20 SECONDS EAST 279.74 FEET TO A FOUND 5/8 INCH REBAR; THENCE NORTH 82 DEGREES 15 MINUTES 36 SECONDS WEST 29.98 FEET TO A FOUND 1/2 INCH REBAR BEING THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 38 MINUTES 55 SECONDS WEST, 178.02 FEET TO A FOUND 1/2 INCH REBAR; THENCE NORTH 09 DEGREES 23 MINUTES 39 SECONDS EAST 142.31 FEET TO FOUND 1/2 INCH REBAR IN THE CENTERLINE OF A SMALL CREEK; THENCE ALONG THE SAID CENTERLINE THE FOLLOWING THREE COURSES AND DISTANCES; THENCE RUN NORTH 80 DEGREES 35 MINUTES 10 SECONDS EAST 39.85 FEET; THENCE SOUTH 81 DEGREES 45 MINUTES 50 SECONDS EAST 51.49 FEET THENCE SOUTH 50 DEGREES 40 MINUTES 29 SECONDS EAST 84.34 FEET TO A SET 5/8 INCH REBAR; THENCE SOUTH 01 DEGREE 32 MINUTES 4 SECONDS WEST 115.07 FEET TO THE POINT OF BEGINNING. AND A PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE NORTH 83 DEGREES 35 MINUTES WEST 201 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 09 MINUTES EAST 280.4 FEET; THENCE NORTH 83 DEGREES 07 MINUTES WEST 135.8 FEET; THENCE SOUTH 8 DEGREES 42 MINUTES WEST 280 FEET; THENCE SOUTH 83 DEGREES 35 MINUTES EAST 176.15 FEET TO THE POINT OF BEGINNING. AND PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SW 1/4 NW 1/4; THENCE NORTH 89 DEGREES 41 MINUTES 16 SECONDS WEST 382.12 FEET TO THE POINT OF BEGINNING; THENCE NORTH 09 DEGREES 46 MINUTES 24 SECONDS EAST 329.71 FEET; THENCE NORTH 81 DEGREES 46 MINUTES 25 SECONDS WEST 29.97 FEET; THENCE NORTH 80 DEGREES 17 MINUTES 00 SECONDS WEST 178.01 FEET; THENCE SOUTH 09 DEGREES 46 MINUTES 24 SECONDS WEST 74.94 FEET; THENCE NORTH 86 DEGREES 44 MINUTES 08 SECONDS WEST 99.6 FEET; THENCE SOUTH 42 DEGREES 24 MINUTES 48 SECONDS EAST 150.79 FEET; THENCE NORTH 69 DEGREES 28 MINUTES 17 SECONDS WEST 333.55 FEET; THENCE SOUTH 40 DEGREES 54 MINUTES 19 SECONDS WEST 28.31 FEET TO THE CENTERLINE OF OLD ARKANSAS DRIVE; THENCE SOUTH 49 DEGREES 05 MINUTES 41 SECONDS EAST 164.25 FEET; THENCE SOUTH 53 DEGREES 32 MINUTES 42 SECONDS EAST 148.56 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 613.97 FEET A CHORD BEARING AND DISTANCE OF SOUTH 65 DEGREES 15 MINUTES 15 SECONDS EAST 186.75 FEET; THENCE SOUTH. 88 DEGREES 31 MINUTES 48 SECONDS EAST 44.98 FEET TO THE SOUTH LINE OF SAID SW 1/4 NW 1/4; THENCE 89 DEGREES 41 MINUTES 16 SECONDS EAST 32.58 FEET TO THE POINT OF BEGINNING. CHRIS DARRAGH AND ANDREA KWASNY 9700 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE NORTH 64 DEGREES 48 MINUTES WEST 567.1 FEET; THENCE SOUTH 19 DEGREES 01 MINUTES WEST 40 FEET TO THE POINT OF BEGINNING: THENCE RUN NORTH 61 DEGREES 52 MINUTES WEST 346A FEET; THENCE NORTH 35 DEGREES 56 MINUTES WEST 159 FEET; THENCE NORTH 55 DEGREES 42 MINUTES EAST 136 FEET; THENCE SOUTH 27 DEGREES 50 MINUTES EAST 466.9 FEET TO THE POINT OF BEGINNING. AND PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SW 1/4 NW 1/4; THENCE ALONG THE SOUTH LINE OF SAID SW 1/4 NW 1/4 NORTH 89 DEGREES 41 MINUTES 16 SECONDS WEST 592.98 FEET; THENCE NORTH 09 DEGREES 46 MINUTES 24 SECONDS EAST 288.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 09 DEGREES 46 MINUTES 24 SECONDS EAST 217.36 FEET; THENCE NORTH 79 DEGREES 05 MINUTES 35 SECONDS WEST 322.39 FEET; THENCE SOUTH 42 DEGREES 35 MINUTES 34 SECONDS WEST 49.11 FEET; THENCE SOUTH 42 DEGREES 24 MINUTES 48 SECONDS EAST 316.08 FEET; THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST 99.86 FEET TO THE POINT OF BEGINNING. THE JENNY LEA EASTHAM REVOCABLE TRUST 9820 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW 114 NW 1/4; RUN THENCE NORTH 0 DEGREES 55 MINUTES EAST 248.8 FEET; THENCE NORTH 89 DEGREES 51 MINUTES EAST 446.7 FEET TO A ROAD; THENCE ALONG SAID ROAD SOUTH 52 DEGREES 27 MINUTES EAST 410 FEET; LEAVING SAID ROAD RUN THENCE WEST 775.7 FEET TO THE POINT OF BEGINNING. ROBERT T. CROFT AND JO ELLEN CROFT 9819 OLD ARKANSAS DR ROLAND, AR 72135 A PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4 FOR THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 07 MINUTES EAST 829 FEET; THENCE NORTH 89 DEGREES 25 MINUTES WEST 364.3 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES WEST 510 FEET; THENCE SOUTH 83 DEGREES 07 MINUTES EAST 321.8 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES WEST 279.1 FEET; THENCE SOUTH 83 DEGREES 35 MINUTES EAST 45 FEET TO THE POINT OF BEGINNING. AND PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4 NW 1/4; THENCE NORTH 00 DEGREES 07 MINUTES EAST 552.0 FEET; THENCE WEST A DISTANCE OF 45 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 07 MINUTES EAST A DISTANCE OF 185.0 FEET; THENCE WEST A DISTANCE OF 130.0 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES WEST A DISTANCE OF 185 FEET; THENCE EAST A DISTANCE OF 130 FEET TO THE POINT OF BEGINNING. RICKY L. FINKBEINER AND CHARLOTTE M. FINKBEINER 10800 BARRETT RD. ROLAND, AR 72135 TRACT G-11;, PINNACLE RIDGE ESTATES, AN ADDITION TO PULASKI COUNTY, ARKANSAS. AND PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE SW 1/4 NW 1/4; THENCE NORTH 89 DEGREES 36 MINUTES 13 SECONDS WEST A DISTANCE OF 364.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 36 MINUTES 13 SECONDS WEST A DISTANCE OF 248.0 FEET; THENCE SOUTH 00 DEGREES 42 MINUTES 02 SECONDS WEST A DISTANCE OF 176.45 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF 245.67 FEET TO A POINT; THENCE NORTH 01 DEGREE 28 MINUTES 51SECONDS EAST A DISTANCE OF 176.48 FEET TO THE POINT OF BEGINNING. JAMES PONGETTI AND DEBI PONGETTI 3701 CHARLESTON DR. JONESBORO, AR 72404 TRACT G-2R, PINNACLE RIDGE ESTATES, AN ADDITION TO PULASKI COUNTY, ARKANSAS. THE HALL JOINT REVOCABLE TRUST 10800 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SOUTHWEST QUARTER NORTHWEST QUARTER SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER NORTHWEST QUARTER; RUN THENCE NORTH 89 DEGREES 46 MINUTES 45 SECONDS EAST 334 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 46 MINUTES 45 SECONDS EAST 364 FEET; THENCE SOUTH 0 DEGREES 05 MINUTES WEST 262.5 FEET; THENCE WEST 597 FEET; THENCE NORTH 25 DEGREES EAST 85 FEET; THENCE NORTH 47 DEGREES EAST 270 FEET TO THE POINT OF BEGINNING. DEREK R. FRANKLIN AND JILL FRANKLIN 11 CEDAR CV. MAUMELLE, AR 72113 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SW 1/4 NW 1/4 FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 7 MINUTES WEST 479.7 FEET; THENCE NORTH 89 DEGREES 25 MINUTES WEST 45 FEET; THENCE NORTH 00 DEGREES 7 MINUTES EAST 239.9 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES WEST 319.3 FEET; THENCE NORTH 00 DEGREES 7 MINUTES EAST 239.2 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 45 SECONDS EAST 364.3 FEET TO THE POINT OF BEGINNING. THE DOROTHY PARKMAN REVOCABLE TRUST C/O SIMMONS FIRST TRUST COMPANY, N.A. P.O. BOX 992 EL DORADO, AR 73731 PART OF THE N 1/2 AND PART OF THE N 1/2 OF THE S 1/2 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 14 WEST, ALL IN PULASKI COUNTY, ARKANSAS. J. H. LAND, INC. P.O. BOX 7588 LITTLE ROCK, AR 72217-7588 A PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW 1/4 NW 114; THENCE NORTH 00 DEGREES 55 MINUTES EAST 248.8 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 55 MINUTES EAST 105 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES EAST 312 FEET; THENCE SOUTH 52 DEGREES 27 MINUTES EAST 170 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES WEST 446.7 FEET TO THE POINT OF BEGINNING. THE JAMES M. RAY FAMILY TRUST C/O MADELYN B. RAY 37 ROBINWOOD DR LITTLE ROCK, AR 72227 PART OF THE SW 1/4 NW 114 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER NW 1/4 NW 1/4 SECTION 4; THENCE NORTH 89 DEGREES 55 MINUTES EAST 273.13 FEET; THENCE SOUTH 45 DEGREES 30 MINUTES 47 SECONDS WEST 286.86 FEET; THENCE SOUTH 04 DEGREES 49 MINUTES 30 SECONDS WEST 179.98 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES WEST 58,42 FEET: THENCE NORTH 00 DEGREES 55 MINUTES EAST 380.1 FEET TO THE POINT OF BEGINNING. THE MALMSTROM FAMILY LIMITED COMPANY 11201 OLD ARKANSAS DR. ROLAND, AR 72135 PART OF THE SW 1/4 NW 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW 1/4 NW 1/4; RUN THENCE NORTH 00 DEGREES 55 MINUTES EAST 353.8 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89 DEGREES 56 MINUTES EAST 312 FEET TO A ROAD; THENCE MEANDERING, RUN ALONG SAID ROAD NORTHWESTERLY 617 FEET; THENCE LEAVING SAID ROAD RUN WEST 45 FEET; THENCE RUN SOUTH 00 DEGREES 55 MINUTES WEST 563.1 FEET TO THE POINT OF BEGINNING. DOROTHY AHRING 9901 OLD ARKANSAS DR ROLAND, AR 72135 CERTIFIED THIS THE 3RD DAY OF APRIL, 2014 @ 6:00 A.M. THIS IS A LIMITED SEARCH OF THE RECORDS AND IS NOT TO BE CONSTRUED AS A TITLE INSURANCE POLICY, LEGAL OPINION OR COMMITMENT TO INSURE. LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS SEARCH. SINCERELY, M G. L I'�f RTA i os THIS � WEN SITE DSO 0 US H9 M R2 iy, L SARRETT-RD AF PD-C F49 �= o Area Zoning Case: Z-8937-A N Location: 10000 Block of Old Arkansas Ward: N/A Pp: 29 0 150300 600 Feet CT: 42.01 TRS: T2N R14W4 Z-8937-A 10000 BLOCK OF OLD ARKANSAS CUP ta City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 23, 2014 Marlar Engineering 5318 John F. Kennedy Boulevard North Little Rock, AR 72116 Planning Zoning and Subdivision Re: Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas 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 December 18, 2014: X Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Meeting. Other: If you have any questions please do not hesitate to contact me at 371-6821, Respectfully, Donna James, AICP Subdivision Administrator Approvals: 1. Approved for Fire Protection 2. ADEQ Permit 3. Statement of Daniel T. Lanehart, RLA ITEM "1" Old Arkansas Mr. Rainey: Please let me know if you need anything else. We look forward to this development going forward. Robert Taylor/Chief-Lake Maumelle Fire December 02, 2014 Re:Old Arkansas Subdivision Mr Russell Rainey; The officers of the Lake Maumelle Fire Department have reviewed the proposed plat of the Old Arkansas subdivision and find that it is satisfactory and meets our needs to service it. Robert Taylor Chief -Lake Maumelle Lake Maumelle Volunteer Fire Department 20720 Clay St/PO Box 68 Roland AR 72135 ITEM "2" ADEQ A R K A N S A S Department of Environmental Quality Permit Tracking Number: ARR154511 AFIN: 60-04661 NOTICE OF COVERAGE (NOC) FOR NPDES STORMWATER CONSTRUCTION GENERAL PERMIT NUMBER ARRI50000 Russell Rainey 1501 Rahling Rd #1704 Little Rock, AR 72223 The Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) for coverage under the ARR150000 Stormwater Construction General Permit were received on 7/15/2014 and have been reviewed. The facility has been assigned Permit Tracking Number A-RR154511 and AFIN 60-04661. Any permit -related correspondence must include this Permit Tracking Number and AFIN. This NOC is issued to Russell Rainey in reliance upon the statements and representations made in the submittal for the following project located in Pulaski County: Russell Rainey Home Site Improvements 10000 Block Old Arkansas Drive Little Rock, AR 72135 This permit is for the construction of Russell Rainey's home site improvements only. In accordance with the NOI there will be 10.00 acres disturbed out of 10.90 total acres. The Project Contact Person for this construction site is Russell Rainey, 501-366-3487. The permittee is responsible for compliance with all applicable terms and conditions of this NOC and General Permit ARR150000. Receipt of this NOC does not relieve any permittee of the responsibility to comply with any other applicable federal, state, and local statute, ordinance, policy, or regulation which includes but is not limited to Short Tenn Activity Authorizations (STAA) or 404 permits. The SWPPP will be located in a mailbox at the entrance to the site. Compliance with all conditions and limitations of the enclosed general penmit is required. This authorization must be posted at the construction site in a prominent place per the general permit. Coverage Date: 07/21/2014 Expiration Date: 10/31/2016 Mo Shafii Assistant Chief, Water Division Arkansas Department of Environmental Quality ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY, WATER DIVISION 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0623 / FAX 501-682-0880 www.adeq.state.anus / water-permit-application@adeq.state. anus ITEM "3" Damsel Lanehart ASLA Landscape Architect April 30, 2014 Re: Russell Rainey property 11 acres on Old Arkansas Road Pulaski County, Arkansas To Whom It May Concern; Mr. Rainey has hired me to do the Landscape design for the property and proposed homes in the 10,000 block of Old Arkansas Road. Our design goal is not only for the beautification of the site, but also to facilitate the reforestation of the site, maintain proper drainage, and control erosion. In 1983, a large wildfire severely burned this property, causing the current forest to have a high density of unhealthy trees. To reduce the effects of disease and infestation, as well as additional forest fires, our goal is to select cut unhealthy trees. These trees will be replaced with healthy trees, indigenous to the Arkansas climate and compatible with the site. DTL/d b cc: file . N Sincerely, Daniel . Lanehart, RLA Ark. License #4869 10621 GARRISON ROAD LITTLE ROCK, AR 72223 ® 501-868-4906 ddlanehart@yahoo.com cup.doc NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION FOR CONDITIONAL USE PERMIT To all owners of lands lying within 200 feet of the boundary of property at: Address: \Q,n0Q C�Lcic—Y, nc.-b kkkANSM, 03/01/10 General Location: QF T- Ili WY 3 oo AN 69,�. L !J Aft S4 S DR=v E Owned By: �T g- R * a REV 0 C A3LF -rw ST Notice is hereby given that an application for a Conditional Use Permit on the above property has been filed with the Department of Planning and Development, 723 West Markham, City of Little Rock, Arkansas to allow use of the property as follows: PRESENT US%: V N C A�j T PROPOSED USE: C0MMIANLT\/ RzCRr_t,TLot'.1 FAx xixrY � WAY P-WATER TRCATMCP-T A public hearing on the application will be held in the Chamber of the Little Rock Board of Directors, 2nd Floor, City Hall on: Z& r - at +: Q Q P.M. Meetings between the developer, the staff and the neighborhood residents can be arranged prior to the public hearing if desired. The applicanthieveloper is L - PSI and can be contacted at the telephone number All interested parties may appear and be heard at said time and place, or may notify the reviewing body of their views by letter. Information about the application may be requested by contacting Department of Planning and Development, 723 West Markham, Little Rock. Arkansas; (501) 371-4790. AFFIDAVIT I hereby certify that I have notified all the property owners of record within 200 feet of the above described property that a Conditional Use Permit application is being considered and the public hearing will be held at the time and place described. I Applicant (Owner or Authorized Agent I, (Name) (Date) f r, I Lo R E C■ ro 001nestic if Only ru co ni 0 Postage $ M Certified Fee • ) Return Recolpt Fee O (Endorsement Required) Restricted Delivery Fee ' r 0 (Endorsement Required) l ,) ru ` r-i Total Postage & Fees 51 ru s THE MALMSTROM FAMILY LIMITEbd. COMPANY d 11201 OLD ARKANSAS DRIVE ti .. ROLAND, AR. 72135 Postal CERTIFIED 1 ■ ■ r• � only ru O }} f1J m — - 1-3 Postage $ -- -- m rCertilled Fee Relum F. - Pftlmark� (EndosemeRPRCintred) ` C3 Parere i1 /- ReRfdalad ❑ollvery Fee r u (Endorsement Required) 1 r9 Ialal _ e ,>._.. S ti FRANCES ROBIN LINDSEY 5310 US HWY, 66 — - co ��P ALHLAND, OR 97520 r�ny Postal Service"" CERTIFIED MAIL© ■ ■ fr1 DomestfC mail Only ru o = ru 0 Postage $ Codified Foe m EZI Return Receipt Fee ,Pts!mrk O (Endorsement Required) O -- _ Restricted Dellvary Fea . C3 (Endarserneni Requk" r r-1 Total Postage & Fees nj THE JAMES M. RAY FAMILY TRUST � �� - C/O MADELYN B. RAY M0037 ROBINWOOD DRIVE '`-+r-:LITTLE ROCK, AR, 72227 j _l �e!lN�11 ■ , kl RECEIPT ru jownestic Mail Only r ru M C3 Postage $ Certified Fee 17I -- - - ifaStrnark O Return Receipt Fno fro p (Endorsement Required) E3 Restrlc[ad Delivery Fee - —/ (Endorsement Required) ru r.q l�{,4IVGtr ROBIN LINDSEY Rant"i 12 KELTWOOD COVE �. o LITTLE ROCK, AR. 72204 f or P( _.--...... r,iN Postal ■ , lD ■ • Domestic Mail OWY r�- fll _ m O Postage 171 - -- Certifiod Fee - rn --- - --•• - Postmark O C3 Return Racelpt Fee (Endorsement Required) Here Restricted Delivery Fee t (Endorsement Required) `F'4 , ru ra ru Total CHRIS DARRAGH & _ zf- "" ANDREA KWASNY 9700 OLD ARKANSAS DRIVE r`f;jry c or Po ROLAND, AR. 72135 IM ..mestic Mail Only ru rou m - O Postage $ r� _ y. Certlf ad Fee •t�, - Fit O Return Receipt Fee O (Endorsoment Required) Rsstdrtnd DPllvery FI ee r (Gulorw!mnrd Required) ru S? rru Total THE JENNY LEA EASTHAM REVOCABLE zr TRUST C3 I yrRvit 9820 OLD ARKANSAS DRIVE r`) arFn ROLAND, AR. 72135 rrty,� U Domestic mail only U ja U 1 n - -.. 7 Postage $ Certified Fee n _ tRw Rstum Receipt Fee 7 (Endorsement Required) ;F -Rwrlctad Deuvo Fee ; 3 (EndamomontRogrdrad] U -1 Total Po^' -- - U ROBERTT. CROFT& r "r""a JO ELLEN CROFT .� I 9819 OLD ARKANSAS DRIVE or PO 80; iify siai� ROLAND, AR. 72135 U Domestic U U v .;,P 7 Postage $ n Certified Fee - -- -- - - �. :I 7 ReturnReceipt Fee (Endorsement Required) Prxtmerk 'tiers 7 Rest d"'S Detivdry Feo _ (Endoiset"ni Firquired) U -1 U ' Total pnR,-..- n 5`— THE DOROTHY PARKMAN REV. tWhT- r C/O SIMMONS FIRST TRUST CO., N,A. P.O. BOX 992 or FD 9n rim sinr.EL DORADO, AR. 73731 Postal CERTIFIED ©RECEIPT r.mestic Mail Only 700pa.w qa.. s¢ r• � . Postage Cartilled Fee Return Rdrelpt FAD Here (Endorsement Required) RRstrIcted Delivery Fee (Endorsement RRqulrod) U i Total Pn.e7 R Feac U J,H. LAND, INC._w. r " P.O. OBX 7588 �- s LITTLE ROCK, AR, 72217-7588 or F ' Domestic Mail Only For delivery Information, visit our websi Certified Fee - fTl ___ _ �pn'p` O Return Receipt Fee CI (Endorsement Required) O -- -- Restricted Delivery Fee ' CI (Endorsement Required) ru f� r-1 Total Poo.do R Faa" r•r ru DEREK R. FRANKLIN & le JILL FRANKLIN 11 CEDAR COVE f%- orPog MAUMELLE, AR. 72113 ..... 0 r. Only E3 ' ru- C7 Postege $ 1`- - — -- M Cedlfied Fee C3 M Return Recei{rt Fno (EndorsementRequlred) 816a " Restricted Delivery Fee - O (Enaorscunant Required) " n l r-9 ru Tot THE HALL JOINT REVOCABLE TAU 10800 OLD ARKANSAS DRIVE,; 1 o '> • ROLAND, AR. 72135 r4 Domestic Mail Only For dyiivery information, visit our ti:Ek site at wivw.usps.com'', Certifed Fee M C '�aunwk Rehr - Receipt Fee O (Endorsement Required) M Re6triCled Delivery Foe 0 (Endorsement Required) -..------ - r -;I Total Postage & Fees 1 119 ru RICKY L. FiNKBEINER & CHARLOTTE M. FINKBEINER ""10800 BARRETT ROAD n-G-= ROLAND, AR. 72135 � • . . JVV . , • � LLJ , � , ¥ � < _ �GL�C .CL o 0 � ¥ # �E a u V) & q z Rk �\UJ \ 9 9910 BEOL EOOO 02T2 hT U f $ i 1 � ' v) � Z \ / \ � « � } �¥ o - ,� irE !o R o ff §| Q;�n §pn, Ennn nmmn Jmn . MITCHELL WILLIAMS J. Scott Schallhorn 425 West Capitol Avenue, Suite 1800 Direct Dial: 501-688-8854 Little Rock, Arkansas 72201-3525 Fax: 501-918-7854 Telephone: 501-688-8800 E-mail: sschallhorn@mwlaw.com Fax: 501-688-8807 MEMORANDUM TO: Members, Little Rock Planning Commission FROM: J. Scott Schallhorn DATE: December 16, 2014 RE: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR; Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permit; Memorandum in Opposition Our firm represents property owners located on Old Arkansas Road, both adjacent to and others nearby the property at 10000 Old Arkansas Drive proposed for rezoning. These property owners oppose the proposed preliminary plat, requested variances and conditional uses, which if approved: (i) will result in a development completely out of character with the neighboring single-family homes, (ii) will cause excessive stormwater runoff on neighboring properties with the denuded land and large areas of impermeable surfaces, (iii) will require on -site sanitary sewage treatment by mechanical or chemical means, with the potential of significant odor and noise atypical for the area, and large volume surface discharge of waste water effluent, and (v) will require access over a private street that is unsatisfactory to support increased traffic from a subdivision of this density, which applicant likely has no right to use, and for which applicant does not propose sharing in the cost of maintenance. The area near Old Arkansas Drive and Barrett Road is almost exclusively single-family residential with widely spaced homes situated among trees and natural rock formations in the highlands, and adjacent to pastures and fields in the valley. The residences on the hill adjacent to the subject property are carefully designed and constructed in a way to complement and be complemented by the dense forest and natural landscape. Photographs of several of those homes are attached. The proposed plat shows the lots in an atypical oval configuration with very narrow setbacks, suggesting that any structures built on the lots will be almost connected. Homes this close together are appropriate in urban subdivisions, but not rural settings like this. The variance permitting the reduced setbacks should be denied. 3551708.1 Memorandum to Little Rock Planning Commission Members December 16, 2014 Page 2 Except for a thin band around its boundaries, the applicant has already clear cut the trees from the subject property. The lack of trees and ground vegetation, the rocky soil, and the large impermeable street and parking areas and building rooftops will greatly increase the stormwater running off the subject property into a creek and onto downhill neighbors' properties. Photos of the denuded site and the creek with silt -laden runoff water from the site taken in May 2014 are attached. The homes down the creek were likely not planned with such a large upstream producer of stormwater in mind and those homes' potential for flooding will increase. The proposed plat shows what appear to be stormwater management and detention structures. However, three of the four structures are located partially off the applicant's property. The owner of the adjacent parcel on which those structures would encroach advises she has not been contacted about placing the detention structures on her property and has not granted any easement to do so. The proposed plat should not be approved without evidence that the applicant has the right to construct the proposed, required stormwater management structures. Providing utility service for the area properties can be a challenge. Potable water and sanitary sewer are particularly tricky. The adjacent Pinnacle Ridge neighborhood has constructed its own water system enhancements to serve its single-family homes, and uses ordinary sanitary septic systems to deal with residential wastewater. The applicant proposes a sanitary sewage treatment plant of some type to treat the quantity of wastewater that will be generated from the intensive use of the property. The treatment methods for such a facility include either chemical or mechanical processes, which have the potential for significant odor and noise atypical of the neighborhood. The liquid effluent from the waste treatment facility will be discharged on the surface of the ground and run down the creek to impact the homeowners below. A less intensive use may permit ordinary in -ground septic system treatment of wastewater and alleviate this downstream nuisance. The Conditional Use Permit for the wastewater treatment plant should be denied. The applicant's access to the subject property from a public road is questionable. County maintenance of, and the public's right to use Old Arkansas Drive ends just after it adjoins the southwest corner of the applicant's property, and the road becomes a privately maintained 14 foot wide lane as it proceeds up the hill. The proposed plat shows using Old Arkansas Drive, which winds on and off the applicant's property, to provide access to the subdivision at its northwest corner. The residents of the Pinnacle Ridge subdivision up the hill have for over 20 years maintained the private portion Old Arkansas Drive using funds contributed by the owners in the neighborhood, and their right to continue using the road are certain. The applicant has shown no such right to use the private portion of Old Arkansas Drive, whether by granted easement or otherwise. The owner of the property to the west where much of the road is situated advises she has not granted any such right. Moreover, in that the applicant's property adjoins the public portion of Old Arkansas Drive, it has no right to a prescriptive easement over the road, and any access right must be by grant. The applicant's plat should not be approved without the clear right to access from a public road. Confirmed public road access is expected, and reasonably so, by individuals purchasing lots in subdivisions approved by the City Planning Commission. 3551708.1 Memorandum to Little Rock Planning Commission Members December 16, 2014 Page 3 The current R-2 zoning of the subject property permits platting upon compliance with the requirements of the City's subdivision code. Those requirements were put in place for particular reasons and should be satisfied absent unusual circumstances. Those circumstances do not exist here, and granting the requested variances and conditional use permits only harm the adjoining property owners. Complying with the R-2 subdivision requirements still permits development that is more consistent with the neighborhood and does not unduly burden the downhill property owners. The proposed plat should be denied as a whole or, if approved, the requested variances and conditional use permits should be disallowed. cc: Ms. Donna James Mr. Dana Carney Mr. Tony Bozynski 3551708.1 -- ow Ode OW Memorandum to Little Rock Planning Commission Members December 16, 2014 Page 5 9908 Old Arkansas Road 3551708.1 lkt F r i AINV 5 � ;wv�',• ,fit - ` w � � ! � s 'f ��'. rxJ u • - Ile Memorandum to Little Rock Planning Commission Members December 16, 2014 Page 7 Applicant's Deforested Property KFZ �. .. 1 ` -ram �`- � : _ �. •' ..�,��., � � �`� 3551708.1 Memorandum to Little Rock Planning Commission Members December 16, 2014 Page 9 Applicant's Deforested Property 3551708.1 WA- y • ► :y-- ;.�!!F- ,. .ill r s •+ {y James, Donna From: Dorothy J Ahring <dahring@att.net> Sent: Wednesday, December 17, 2014 1:36 AM To: James, Donna; James, Donna Subject: Rainey Subdivision Application for 10,000 Old Arkansas Drive. Roland, AR 72135 Dear Ms. James. The subdivision that is under consideration for approval by the planning board will be across the street from me if it is approved. The construction of this subdivision here with all the changes that are being made to the environment will have a huge impact on those of us who love this neighborhood. We made our homes here because we wanted to to be close to nature and live in this rural environment. I know that over the years some change is inevitable. However, the subdivision under consideration is so out of keeping with our neighborhood that I do not think it should be approved at this location. Thank you for your consideration. Sincerely, Dorothy Ahring 9901 Old Arkansas Drive, dahring@att.net 501 868-8758 James, Donna From: Stephanie Sherwin <sher128@aol.com> Sent: Saturday, December 13, 2014 12:19 PM To: James, Donna; jennifermbelt@gmail.com; caberry@swbell.net; dabubbus@ualr.edu; keith.cox@bxs.com; becky@beckyfinney.com;jd@wilcompany.com; keith.fountain@regions.com; bmay37@sbcgloba1.net; obray@aol.com Cc: awki.wpul@gmail.com Subject: Re: Rainey Proposed Development Old Arkansas Of course staff recommends approval of this project ... staff does not live in or near the area and will not suffer the loss of property value and increased traffic and loss of water pressure to homes that are already dealing with very low water pressure. The proposed subdivision is in a single family area and the developer has already shown his disdain for the area or the neighbors by completely clearing his land of timber and neighbors adjacent to his property have run-off problems. This is an outrage and Mr. Rainey feels his money should be able to buy anything. This started out as a place for his poor old father who is sick and all the family was going to move -in to take care of Dad...funny how that has all gone away and now it is what he really wanted from the beginning... money in his pocket while destroying the peace and value of those that already live there. Staff needs to recognize this for what it is and put a stop to it. There is a reason why all these variances are required... it is because they are there for the protection of those of us who invested in our homes and expected to have that protection there for us. Stephanie Sherwin 4 Woodsong Dr Roland, AR 72135 Life is not a race. Slow down and listen to the song before the music ends. James, Donna From: Philip Sherwin <phsherwin4@gmail.com> Sent: Monday, December 15, 2014 1:36 PM To: James, Donna; Jennifer Belt; Craig Berry; David Alan Bubbus; Keith Cox; Rebecca Finney; Janet Dillon; Keith Fountain; Bill May; Obray Nunnley, Jr. Subject: 10000 Old Arkansas Road residential complex Dear Mrs. James: I am astonished that this planning committee is even considering, let alone recommending this new proposal by Mr. Raney for 10000 Arkansas Rd. The outcry of hundreds of Barrett Road area residents over his last scheme should have been enough to convince you and your fellow committee members that any sort of dense residential complex constructed in this area is unwanted and will be a blight upon this beautiful, peaceful area that is intended for conventional single family dwellings. Please, let the Barrett Road neighborhood continue to develop the way it has, not with Aqy tightly packed communities that will mar many acres of forest, pollute water sheds, put undue demand on our limited water utility, already minimal volunteer fire department, and create greatly increased automobile traffic on this peaceful scenic byway. I don't know how many emails or calls you've received from residents of this area, but I can assure you that the same folks that so bitterly opposed Mr. Raney's last onslaught all share the same feeling about this latest monstrosity. Tell Mr. Raney that you and your committee serve the best interest of communities throughout Little Rock and surrounding areas, and his proposal does not meet that criteria in the Barrett road neighborhood. Philip H. Sherwin, President Woodsong P.O.A 501 766-0523 James, Donna From: Dr. Chris Blackmon <docblackmon@sbcglobal.net> Sent: Monday, December 15, 2014 4:45 PM To: James, Donna Subject: Reference 5-1737 and Z-8937-A Dear Ms. James, It has come to my attention that this property is being considered for a special use permit. I would like to express my concern over this and ask that this be denied. It does not fit well with the neighborhood and will increase traffic. (Never mind that it is ludicrous to put/build a neighborhood on a lot in a gated neighborhood) There are also serious concerns about the runoff from so many houses on the side of a mountain. (both sewage and drainage) Please deny this application. (Proposed Subdivision at 10,000 Old Arkansas Drive) Sincerely, Chris Blackmon 10419 Barrett Rd Roland, AR 72135 James, Donna From: PAT MALMSTROM <patmalmstrom@me.com> Sent: Tuesday, December 16, 2014 11:56 AM To: James, Donna Cc: POA Lewis /Muriel , Itsy; POA Hall, Sue Ann Wes; POA Pongetti Jimmy/Debi Subject: Rainey project Z8937-A. Opposition Dear Donna, We have been a residence on Old Arkansas Road since 1991. Our P.O.A. have maintained a 14' narrow unimproved chip -sealed private road. We also maintained an electric gate with a stone columns. Protected behind our gate is our pump station with twin 30 horse power pumps. We pump our water up the mountain 360' elevation to a 40', 25,000 gallon water tower. Mr. Rainey is one of the most intelligent and knowledgeable contractors I have ever met. When he purchased the land two years ago he informed several of our members that his intent was to build 2-3 houses and join our POA. We were thrilled. Then in April of this year we learned that he was requesting 8 unit Re -Zoning multi- family project. Now it has grown to a 12 unit subdivision. My greatest concern is his variance request of "private road option" of Old Arkansas Drive. That would mean that the egress and ingress would be from a well constructed 24' road to narrow light duty 14' road that has been privately maintained. Let me make this point clear. The Pinnacle Ridge POA has not made any agreement to maintain, nor share in the cost of this road or gate with Mr. Rainey. This project will add 300% more pressure to this 14' light duty road. If the Planning and Zoning board should approve this project, I would request the following requirements: 1.). Require Mr. Rainey to enter on his land south of the gate, or a.) Expand the Old Arkansas DR. To the same 24' width as his development. This would be from his drive to Barrett Road. Then dedicate it to the city. b.) Move our existing gate 670' uphill (North) to property owned by our POA members. c.) Move our pump station 685' uphill (North) to property owned by our POA members. 2. Eliminate the 4,000 sq. ft. Metal building suitable for heavy construction equipment. 3. Require all lighting equipment to meet Dark Sky Requirement. We want to preserve our wonderful night sky. Regards Pat Malmstrom Sent from my iPad Pat Malmstrom 501-993-8777 1 lk d Jk6P Jn% Ir two I(— IF JAL* - 46 AW i IP'4 v 4 H *-i I r-v 1 N Y L � r r L mw ' r Aim - i . Y' r �,, December 12, 2014 LR Planning Commission Members City of Little Rock Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Opposition to Re -Zoning Petition 5-1737/Z-8937-A Dear Mrs. James - As the landowner who shares the Rainey's northern boundary line (my southern boundary line) I would like to formally express my concerns/opposition to the Rainey application (S-1737/Z-8937-A) along with the local community and Pinnacle Ridge POA. Please understand that my opposition to Russell's project has nothing to do with him personally. I respect his Christian and business endeavors, as I have known him for over five years. His credentials as a builder are also very respectable. My concerns with regard to the proposed project are; Commercial Use (4,000 SF storage building) Inadequate Ingress/Egress (Narrow, Privately Maintained Road) Sediment/Sewage Plant (Runoff into the Little Maumelle River) As a real estate professional, I fear that allowing developers to construct multiple homes on such a small site that is atypical of current housing density in the immediate area will negatively impact property values as well as create a negative precedent. Notwithstanding the development would change the complexion of a long-standing rural, multi -acre site, single-family residential detached region of the county. Change in land use can be expected overtime and one must grow with the needs of the community, however, unaddressed remedies for the proposal of large storage facilities (for commercial construction use), inadequate ingress/egress on the current roads, and sediment runoff which flows directly into the State's most visited State Park are most concerning. I sincerely appreciate your time, as I understand that you have a difficult task in weighing the technical and legal uses of the property on behalf of both Russell and those opposing the project. Sincerely, Derek Franklin James, Donna From: Dr. Rob Richardson DDS <rob@dentalsolutionslr.com> Sent: Wednesday, December 17, 2014 11:25 AM To: James, Donna Subject: Rainey Subdivision 5-1737 and Z-8937-A Dear Ms. James, please add this letter to the Board Members packets for tomorrow's meeting. Please let me know your received. S-1737 and Z-8937-A Thank you, Rob To Whom it may concern, My name is Robert Richardson and I reside on the private road portion of Old Arkansas Drive. Mr. and Mrs. Rainey are longtime friends of mine and I have the utmost respect for both of them. As resident of the Pinnacle Valley community I share many of the concerns that my neighbors have expressed regarding the development of Mr. Rainey's subdivision. After a lengthy and informative conversation with Mr. Rainey about his project these are my thoughts and concerns. Mr. Rainey has shared with me his vision of a unique and forward thinking green neighborhood. His ideas described a green energy renewable community that I found very intriguing. If Mr. Rainey can build what he described it will be a noteworthy subdivision that I believe would entice many potential buyers. I give him credit for his vision. While his endeavor is an exciting proposal he certainly picked a challenging lot to build it on considering that it was a forested lot, that is of steep topography, surrounded by neighbors on large natural wooded acreage located off a private road. As exciting as Mr. Rainey's proposal may be his subdivision is in my opinion very different from the character of the existing homes. Regardless of his obstacles and the sentiment of his neighbors the lot does belong to Mr. Rainey and I will agree with him that he is entitled to build within the current codes as long as it does not detract from the community. Therefore other than expressing my concerns to your Board for consideration and guidance as it relates to the growth and continuity of Little Rock's neighborhoods I will not object to Mr. Rainey's subdivision as described. I do have a major concern regarding the use of the existing county / private road, Old Arkansas Dr. This road is accurately described in the staff notes as a private, narrow unimproved chip and seal road. In order to pass by a delivery truck it requires that one car pull to the side of the road, two cars can pass each other but it is very tight. Currently there are five homes north of the private gate and 5 homes south of the private gate. Twc of those homes are basically on the corner of Barrett and Old Arkansas so do not impact Old Arkansas Drive. The other residents do travel the road but without any difficulty and it has not become an issue with so few cars using the road. My concern is that when the other twelve homes are required to egress and ingress on the same light duty road it will become more difficult to navigate. Since the increase of traffic on Old Arkansas will be directly impacted by Mr. Rainey's proposed subdivision I respectfully request that your Board require Mr. Rainey to widen Old Arkansas Drive from Barrett Road to the entrance of his proposed Old Arkansas Circle so that two vehicles can safety pass. For the safety all drivers and the future marketability of Mr. Rainey's proposed subdivision I believe this to be a reasonable and responsible request. Thank you for your time and service regarding this issue and best wishes for the Holiday season. 1 James, Donna From: Andrijka Kwasny <kwasnyad@yahoo.com> Sent: Wednesday, December 17, 2014 2:30 PM To: James, Donna Subject: OPPOSITION to Russell Rainey's commercial subdivision on Old'Arkansas Drive From: Andrijka Kwasny <kwasnyad@yahoo.com> To: "djames@littlerock. org" <djames@littlerock.org> Sent: Tuesday, December 16, 2014 4:07 PM Subject: OPPOSITION to Russell Rainey's commercial subdivision on Old Arkansas Drive My husband and I are residents of 9700 Old Arkansas Drive and owners of an antebellum home which was moved in the 1970's from Scott, AR, situated on nearly 3.75 acres. We are writing to express our opposition, unequivocal and complete, to Russell Rainey's subdivision on "Old Arkansas Circle" which will border the north end of our property. Mr. Rainey's proposal, in no way, shape, or form, using the most elastic of imaginations conforms neither to the current layout of homes on Old Arkansas Drive nor the layout of homes in the entire Pinnacle Valley area. Please allow me to describe the neighborhood of Old Arkansas Drive. The drive itself is a private, narrow, one lane road. There are at present a maximum of 22 people living on Old Arkansas Drive. All of us own our homes and property; no rental units exist. Many of us have lived here for more than 15 years. There are two street lights along the drive. At night it is completely dark, dark enough to see the Milky Way. The nominal individual driveway and walkway lighting, where it exists, is discrete and barely noticeable. Our homes are predominantly separated by at least an acre of heavily wooded land. In winter we can see one or two glowing lights from one another's homes; in summer when the trees are fully leafed, we cannot even see that. These woods support wildlife, everything from the small wrens and chickadees to the larger birds, the owls and hawks and turkey vultures, the pileated woodpeckers, whippoorwills and Chuck-Will's-Widows. It supports families of deer, the does and their young as well as foxes. It supports creatures who are not as cute and cuddly: the tarantulas whose habitat is the rocky crags and who live to age 25 and reach sexual maturity as late as age 10; the snakes who control the rodent population as well as their own population. These creatures are also part of Old Arkansas Drive, part of the ecosystem of Pinnacle Valley. It is a quiet, peaceful, private drive, where homes are barely visible on the satellite images on Google Earth as of May, 2012. Mr. Rainey's proposed subdivision flagrantly flouts every aspect of this community and the larger community of Pinnacle Valley. Nothing, I repeat, NOTHING, in the area comes close to the development he is proposing. The 12 houses he plans to build would more than double the population of residents on Old Arkansas Drive. His development would put severe stress on a small road, comparable to requiring a country road to accommodate the traffic of Highway 10, a four lane highway. It would substantially increase the traffic on Barrett Road, threatening the children who regularly ride bicycles, walk dogs, and play, threatening the residents who walk their dogs in the evening, and threatening the bicyclists who ride every weekend along Barrett Road. There are many young families along Barrett Road with at least two children per household. Are they not worthy of having a safe place to play in their environs which we all refer to as "the country"? The intense light pollution emitted by street and security lighting, not only around the subdivision houses, but around all the other proposed structures would be so violently disruptive to the present conditions, regardless of how fixtures are positioned or the density of the lighting itself. The night sky would be ablaze with artificial light, glaring aggressively through the night woods. Such lighting is acceptable at large commercial centers; it is, however, a gross disruption to our neighborhood. Mr. Rainey's proposed subdivision tightly squeezes every inch of possible utility from the terrain: the 12 houses would be a mere ten feet apart (in accordance with his variance request); these houses are another ten feet from a 5,000 indoor pool and fitness center. His plan leaves a negligible amount of unused land which has already been heavily denuded of trees. Because of the rocky and sloping terrain, he has to build heavy, bulky erosion controls, gabion mats, gravel bag checks, silt fences, and rip rap dams. These controls will make the subdividision look like a military bunker, in effect keeping the "rest of us" out and away from a sterilized, pesticided gated community. It will be an gross eyesore. No such crammed in and concentrated construction exists anywhere in Pinnacle Valley. Regardless of the R2 zoning, the lots in this area are individually owned and individually used as homes. In great contrast, Mr. Rainey's subdivision is strictly a for -profit investment. Such a development does not fit in with the neighborhood, and poses a dangerous precedent for wide tracts of undisturbed land in the area. These objections, however, pale in comparison to the problems, both predictable and unforeseen, that the industrial -sized above ground wastewater treatment plant will cause. First, my husband and I are deeply concerned about the health effects to our family personally of living downstream of the dispersal of wastewater. At this point I wish to include that, according to the USGS, the term "creek" does not exist; the flow of water which drains the terrain of Old Arkansas Drive is designated formally as a "seasonal stream." The north border of our property partially includes this seasonal stream into which all this wastewater will flow. All systems fail. At the very least they have the potential to fail. But the failure of above ground wastewater treatment plant, which includes not only the waste water from toilets, etc., but the failure of the tank that holds the solid waste, shit, in common parlance, is an event that will have lasting consequences to human health and the health of the Arkansas watershed. We have every right to be profoundly concerned about the dispersal a-coli, crypotospordium, giardia on our property because of Mr. Rainey's subdivision, and we would be foolish not to be. These bacteria can be contracted and spread by simple traffic, human and animal, around the contaminated area You would be concerned as well, as would Mr. Rainey himself. The thought of it is disgusting and revolting, isn't it? Further, that wastewater and its potential toxic contents would end up in the Little Maumelle River used by Pinnacle Mountain State Park for the recreational use of the public. We cannot see the fairness in allowing one individual's desire for financial profit to threaten the health and safety of not only the residents of Pinnacle Valley, but the residents of the entire state of Arkansas. Second, we have grave concerns about the efficacy of Mr. Rainey's rip rap wall built to slow down the flow of the runoff water. The asphalted and concreted ground will, in effect, be a "super slide" for runoff water that drains the entire mountain. Because the seasonal stream cannot accommodate the volume of water, these rip rap walls are meant to contain it. Parts of two such walls are on our property. The dimensions and the construction materials of these walls remain, at this date, a mystery. Further, never once were we notified that a part of our land would be required for his personal purpose, his personal profit. Neither were we asked for permission by Mr. Rainey, and we certainly were not offered any compensation with regard to the loss of acreage as a result of erosion. And when heavy rains combine with wastewater flow down the mountain carrying with it tree limbs, leaves, and other debris, which will, in effect, clog the rip rap walls, who will clear such debris so that our land will not be Mr. Rainey's cesspool? The inevitable blockages of these "gravel bag creek checks," the gabion mats, and rip rap dams will simply cause water to flow around these obstructions, causing a serious and demonstrable alteration to the topography of the terrain in general, substantially eroding our land as well as the land of neighbors adjacent to the seasonal stream. Since Mr. Rainey has clear cut his acreage beginning in late winter of 2014, the water flow into the stream has increased by another visible artery carved into the terrain by the water which was previously substantially diminished by tree and plant roots. Currently the seasonal stream is dry in summer and fall reducing the conditions for mosquito breeding. Should the wastewater and runoff form a pool, the increase of mosquitoes would be astronomical. According to the Arkansas Department of Health there has been 91 reported cases of individuals who contracted West Nile Virus, nine of which were fatalities. I personally suffer from an auto -immune disease. But even if I did not, I would be gravely concerned about contracting this deadly disease. These are our reasons for objecting to Mr. Rainey's subdivision. We strenuously urge you to rule against it. We could mention other reasons for my objections to Mr. Rainey's proposal, reasons involving the lack of trust he himself engendered with his first specious description of his planned "family" development, and the like. You may be aware of some of his less than code -compliant choices ( to this date, nearly a year since he began clear cutting his land, not a single silt barrier has been in place); but what we want you to understand is the effect that his dubious arguments and unscrupulous actions used to achieve his profit -oriented goal has had to our community: he has squandered any sense of trust and has aroused profound concern, and resentment, at least on my part. Yes, we all leave a human footprint on the earth and on our small piece of the earth that is Pinnacle Valley and Old Arkansas Drive. Mr. Rainey's footprint, however, would not be human; it would be the footprint of Godzilla. I thank you most sincerely for considering our objections. Sincerely, Andrijka Kwasny, Ph.D. Christopher Darragh, B.A. Civil Engineering James, Donna From: Max Rackley <rackleyme@att.net> Sent: Wednesday, December 17, 2014 4:51 PM To: James, Donna Subject: Please vote against this!!!!!!!!!!!!!!! Ms. James, The proposed buildings at10,000 Old Arkansas road should not be approved, The houses are to close together, the area is not designed for this many homes on such small acreage, it is for single family homes and county living. We do not have the police force , fire equipment and no city or county sewer system to handle the amount of sewerage those homes that close together would generate. People moved to the county to get away from the city congestion, and Mr. Rainey is trying to come in and ruin this region and it is for single family homes just as Woodsong where we live. PLEASE VOTE AGAINST THIS BILL!!!!!!!!!!! Thank you for your vote against it, Max and Eva Rackley 19 Woodsong Dr Roland James, Donna From: Tracy Adcock <tracyadcock@gmail.com> Sent: Thursday, December 18, 2014 2:41 PM To: James, Donna Subject: SUPPORT FOR S-1737 and Z8937-A Ms. James, I am writing to express my support of the proposed building project at 10,000 Old Arkansas Drive. After receiving information from a neighbor who opposed the project back in the spring, I did a little research and spoke with the developer. I see no reason that this project would cause problems for the surrounding areas. Furthermore, the land is owned by the developer and his family and in my opinion, they should be able to build the homes they desire for their family on their land. Thank you for your service to the city of Little Rock. Sincerely, Tracy Adcock 20921 Presley Drive Roland AR 72135 501-351-7636 1 Et 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 December 29, 2014 Mr. Scott Schallhorn 425 W. Capitol Avenue, Suite 1800 Little Rock, AR 72201 Planning Zoning and Subdivision Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision-f?-reliminary--P-lat-(S-ln7� located-at--I.0.00.0_Old_Arkansas_and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits - Dana Carney - Planning Future Land Use Plan Amendments - Walter Malone - Planning Rezoning and Zoning Variance - Monte Moore - Planning Subdivision and Planned Unit Developments - Donna James - Planning Land Alteration Variance Request - Vince Floriani - Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock L�tDepartment of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 Dr. Andrijka Kwasny 9700 Old Arkansas Drive Roland, AR 72135 Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments —Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 Don Thompson 11204 Barrett Road Roland, AR 72135 Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the participation in th e like to thank you for your It is very important to the in the planning decision - Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission Et City of Little Rock Department of Planning and Development 723 West Markham Street tittle Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 James Morgam 9723 Barrett Road Roland, AR 72135 Planning Zoning and Subdivision Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663 December 29, 2014 Resident 11225 Old Arkansas Drive Roland, AR 72135 Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Uttle Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 Jenny Eastham 9820 Old Arkansas Drive Roland, AR 72135 Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning -Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 J Pongeth 4819 Lee Avenue Little Rock, AR 72205 Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 Jeanie Richardson and Rob Richardson 11101 Old Arkansas Drive Roland, AR 72135 Re- Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen. On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 Dorothy Ahring 9901 Old Arkansas Drive Roland, AR 72135 Re- Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 December 29, 2014 Pat Malmstrom and Peggy Malmstrom 11201 Old Arkansas Drive Roland, AR 72135 Re: Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the December 18, 2014, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision - making process. Rainey Subdivision Preliminary Plat (S-1737), located at 10000 Old Arkansas and Rainey Conditional Use Permit (Z-8937-A), located in the 10000 Block of Old Arkansas were approved by the Commission. The appeal of the Conditional Use Permit request is to the Little Rock Board of Directors and must be made within 30-days of the Planning Commission action. For additional information, you can contact staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney - Planning Future Land Use Plan Amendments — Walter Malone - Planning Rezoning and Zoning Variance — Monte Moore - Planning Subdivision and Planned Unit Developments — Donna James - Planning Land Alteration Variance Request — Vince Floriani — Public Works Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION FEBRUARY 17, 2015 AGENDA Subject A Resolution to set the public hearing for March 3, 2015 on an appeal of the planning commission's action in approving a conditional use permit to allow the construction of a wastewater treatment system, a community pool and clubhouse located at 10000 Old Arkansas Road, Roland, AR (Z-8937-A) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION CITIZEN PARTICIPATION Action Required Ordinance Resolution Approval Information Report Approved By Bruce Moore Scott Schalhour of Mitchell Williams representing a number of property owners located on Old Arkansas Road is appealing the Planning Commission's action in approving a Conditional Use Permit to allow the construction of a wastewater treatment system, a community pool and clubhouse. I None. Approval of the resolution setting the public hearing. The Planning Commission reviewed this issue at its December 18, 2014 meeting. There were a number of objectors present and staff received a number of letters of objection from area residents and property owners. CITIZEN PARTICIPATION CONTINUED Notice of the public hearing was sent to all owners of properties located within 200 feet of the 10± acre tract. The Coalition of West Little Rock Neighborhoods was notified of the request. The Commission voted 7 ayes, 3 noes and 1 absent to approve the application. 2 OS THIS 0 �7 SITE 1s) N' v0 :1 v R2 ��p LL n E J m Q� r) Z ❑ o © SARRE AF r v r P D-C r: n L 9j Area Zoning Case: Z-8937-A N Location: 10000 Block of Old Arkansas Ward: N/A PD: 29 0 150300 600 Feet CT: 42.01 TRS: T2N R14W4 Pi 7THIS SI IT S STE / W, . Q CZ 0 E7 0 RL LL 13ARRET-T-RD- ID CU PK/OS Land Use Plan 1111111111pq Jill sit o Case: Z-8937-A N Location: 10000 Block of Old Arkansas Ward: N/A PD: 29 0 150300 600 Feet CT 42.01 TRS: T2N R14W4 ROPOSED PRIVATE DRIVE � No 24' OLD ARKANSAS CIRCLE mmxr m rMmY Barr. E xx LTLL Ccw%W mFA Y OF PAYFLDiT 58V 46' 1-1091 ES4.9' m R — EQ37 6 a YAA" UK WATER UW 2 41 3 :dlI 4 41 5 so, Ell 90' ill 96f, Ill 'Fig. iaa 8 .9 f n 11 am an s' am ans t cvu � r wixr r-•--�� " I UMNAM Ycr •',s cesceua wEArAM CRRX = � rt+�xr rxsT.,mcs umcvn�n cu�o� � DW. GA rp s.urnurr nwxr curourro romr JM= M RAY uuvu rAMLY TM W roixr m:a m PRIM T. DIFT L Jo ELLD1 cRorr mn Re JAM Ale mm PGNWM rrr rrccourio rocvr PART aP r9t ,m ���mo s�►f . �3 rorxr fa.rl dcRrs AM" OR ZMS �rcn.d RzJ � s WIO � nr v wrRrwlc[ eRa arre e.eevarrru �rcmr. I m Z-8937—A 0 10000 BLOCK OF OLD ARKANSAS CUP 'U OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION MARCH 3, 2015 AGENDA Subject A Resolution rescinding the Planning Commission's action in approving a conditional use permit to allow the construction of a wastewater treatment system, a community pool and clubhouse located at 10000 Old Arkansas Road, Roland, AR (Z-8937-A) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION CITIZEN PARTICIPATION Action Required I Approved By Ordinance gResolution Approval Information Report Bruce Moore City Manager Scott Schalhour of Mitchell Williams representing a number of property owners located on Old Arkansas Road is appealing the Planning Commission's action in approving a Conditional Use Permit to allow the construction of a wastewater treatment system, a community pool and clubhouse. I None. Approval of the resolution rescinding the Planning Commission's action. Staff recommends approval of the conditional use permit. The Planning Commission reviewed this issue at its December 18, 2014 meeting. There were a number of objectors present and staff received a number of letters of objection from area residents and property owners. CITIZEN Notice of the public hearing was sent to all owners of PARTICIPATION properties located within 200 feet of the 10± acre tract. The CONTINUED Coalition of West Little Rock Neighborhoods was notified of the request. The Commission voted 7 ayes, 3 noes and 1 absent to approve the application. BACKGROUND The Planning Commission approved a CUP to allow the placement of a community recreational area and maintenance/storage building and to place a wastewater collection and treatment system on the site to serve a proposed 12-lot subdivision. A recorded objector is appealing the Planning Commission's approval of the CP and, as a separate item, the Planning Commission's approval of the variances associated with the plat (S-1737). The zoning ordinance defines water or sewage treatment plant and related facilities as a facility for the systematic collection and treatment and dispersal of water and waste materials. Within the Conditional Use Section of the zoning ordinance it states certain public and quasi -public uses due to their nature and impact on adjacent properties shall be permitted by right only in the industrial classifications established by the zoning ordinance. The uses may be permitted in all other classifications by approval of a conditional use permit application. Water or sewer treatment plant or ancillary facilities are specifically called out as needing a Conditional Use Permit. The treatment facility will be sized to serve the new homes located within this subdivision. The developer must receive approval from the Arkansas Department of Health and the Arkansas Department of Environmental Quality prior to installation of the system. The applicant has indicated maintenance of the system will be the responsibility of the Property Owners Association. Monitoring and reporting will be provided to the various State agencies as required to be in compliance with State and Federal codes. 2 BACKGROUND CONTINUED In addition within the R-2, Single-family Zoning District uses defined as needing approval of a Conditional Use Permit prior to development are a country club, golf course, swimming pool or other private recreational uses usually associated with or incidental to a social country club or subdivision association operated for mutual recreation for the members, and not as a business for profit. The placement of the subdivision recreational area and maintenance and storage building fall within this category. Staff is supportive of the development as proposed. Staff feels the placement of the amenities to serve the subdivision as proposed by the applicant is appropriate. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A WASTEWATER TREATMENT SYSTEM, A COMMUNITY POOL AND CLUBHOUSE LOCATED AT 10000 OLD ARKANSAS ROAD, ROLAND, AR (Z-8937-A). WHEREAS, an application was filed on behalf of a property owner located on Old Arkansas Road with the Little Rock Planning Commission for a wastewater treatment system, a community pool and clubhouse located at 10000 Old Arkansas Road to serve a proposed single-family subdivision; and, WHEREAS, the Little Rock Planning Commission, at its December 18, 2014 meeting, approved the conditional use permit application with a vote of 7 ayes, 3 noes and 1 absent; and, WHEREAS, the Little Rock Board of Directors has determined that action to be inappropriate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The action of the Little Rock Planning Commission in approving a conditional use permit to allow the construction of a wastewater treatment system, a community clubhouse and pool located at 10000 Old Arkansas is hereby rescinded. SECTION 2. Said conditional use permit is hereby denied. [Page 1 of 21 1 2 C 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SECTION 3. This resolution shall be in full force and effect from and after its adoption. PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney H H H H APPROVED: Mayor [Page 2 of 21 0S THIS SITE 0 L? 9 R2 L U_ ZJ I C'j M M M ES BA R R E-T-T-;R D 0 AF PD-C ,q Ell Area Zoning Case: Z-8937-A N Location: 10000 Block of Old Arkansas Ward: N/A PD: 29 0 150300 600 Feet CT. 42.01 TRS: T2N R14W4 P1 THIS SITE c� -D- nj ti> ova/3 a C1 r o � RL LL 0 ED r� e ~� BARRETT-Rd yy i n rxras Land Use Plan r .—MIN 'r itrl I i Case: Z-8937-A N Location: 10000 Block of Old Arkansas Ward: N/A PD: 29 0 150300 600 Feet CT: 42.01 TRS: T2N R14W4 OGaOf I.JRJ. i11RNaR1 rrr ROPOSLD PRIVATE DRIVE m43 RE 24' OLD ARKANSAS CIRCLE cucourro ro4rr RALSTROM FNMY MT. CODE LTR Cw~ mMED RE Of PAIE7R34T PIRr O/ r" rm SW 48' 1&99'E MW �,: Sri , A ►i . 4:AT Mot lC"s � 1� OR CS'5S . I LAM IR�EM COMM �r r ga- z �z' 3 4 s Bg 20'R r�rnvurr L Ar n ura rN r 90' S MICAPEA `. Oar Exaffnfl C WATER Lff SON xnx Anx arrx xnx EXGFM0 A7YA PIMP STA¶CX -AW Dnirm •� WATER CAS. IAASIFR i1E'iI71 •' 1uD1 rER R{111E LK fE !ro' EMT. GATE JAM R MY FARLY TMST Zan R2 I MEW T. CROFT 16 JG ELLER CROFT ZONED 1¢ UKX-, LiP[h CO!" LAW cucvurra rear Z-8937-A 10000 BLOCK OF OLD ARKANSAS CUP City of Little Rock CcDepartment of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 March 4, 2015 Mr. J. Scott Schallhorn Mitchell Williams 420 West Capitol Avenue, Suite 1800 Little Rock, AR 72201-3525 Re: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permit; Request for Appeal of Plat Variances and Conditional Use Permit Dear Mr. Schalhorn: This office has received your appeal of the Planning Commission's action on December 18, 2014, in which the Commission approved a conditional use permit to allow the development of a wastewater treatment system and a preliminary plat which included variances. The issue was placed on the Board of Director's February 24, 2015, agenda to set the date of Public Hearing for April 7, 2015. The Board of Directors' meetings begin at 6:00 p.m. and are held in the Board's Chambers located on the second floor of City Hall at 500 West Markham Street. As the appellant, you are responsible for notification of the public hearing. I have attached a notice form. Notices must be sent via certified mail. The notices are to be mailed no later than ten (10) days prior to the Board of Director's April 7, 2015 (March 27, 2015). Return a copy of the notice, the list of persons notified and the certified mail receipts to the City Clerk no later than April 3, 2015. If you have any questions, please do not hesitate to contact me at 371-6821 or djames@littlerock.org. Respectfully, Donna James, AICP Subdivision Administrator cc: Susan Langley, City Clerk Tony Bozynski, Director of Planning and Development Bill Spivey, NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON A REQUEST FOR THE REPEAL OF THE PLANNING COMMISSION'S DECISION OF APPROVAL OF A CONDITIONAL USE PERMIT AND APPROVAL OF A PRELIMINARY PLAT WITH VARIANCES To all owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address: General Location - Owned By NOTICE IS HEREBY GIVEN THAT an appeal of the planning commission's approval of a conditional use permit and a preliminary plat with variances request for property located at 10000 Old Arkansas has been filed for public hearing before the Little Rock Board of Directors. The Little Rock Board of Directors will hear this appeal request at their public hearing. The hearing begins at p.m. The public hearing will be held in the Board of Directors Chambers, Second Floor, City Hall. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Board of Directors of their view on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham Street, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I herby 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 Board of Directors at the time and place described above. Applicant (Owner of Authorized Agent (Name) (Date) In addition to the 200-foot notification list of property owners previously notified you are required to notify the following individuals and neighborhood associations as well: Dr. Andrijka Kwasny 9700 Old Arkansas Drive Roland, AR 72135 James Morgan 9723 Barrett Road Roland, AR 72135 Jenny Eastham 9820 Old Arkansas Drive Roland, AR 72135 J Pongeth 4819 Lee Avenue Little Rock, AR 72205 Don Thompson 11204 Barrett Road Roland, AR 72135 Resident 11225 Old Arkansas Drive Roland, AR 72135 Jeanie Richardson and Rob Richardson 11101 Old Arkansas Drive Roland, AR 72135 Dorthy Ahring 9901 Old Arkansas Drive Roland, AR 72135 Pat and Peggy Malmstrom 11201 Old Arkansas Drive Roland, AR 72135 PETITION IN OPPOSITION TO PLANNED DEVELOPMENT APPLICATION 10000 OLD ARKANSAS ROAD The undersigned OPPOSE the application C-1�3�77an Z-8937 by the Rainey Joint Revocable Trust. I oppose the Plat Variances and Condit[ al se Permits for what is being described as patio homes that: • Will cause excessive storm -water runoff on neighboring properties from clear cutting the land and wanting to install large areas of impermeable surfaces. • Plans to install one water treatment system for the 12 houses designed to expel 3,000 gal of effluents each day due to lack of municipal sanitary sewage improvements. • Will place an inappropriately intense commercial like use in a forested, semirural, residential setting with inadequate plans for supporting infrastructure. • Requires access over a private street satisfactory for its current use, but unsatisfactory to support increased traffic from such a development. • Is out of character with the neighboring single-family detached homes in both use and unusual design. • Will require many modifications to water service to provide adequate Fire Protection instead of relying on a private water supply system sized for 80% smaller detached homes. • Add increased traffic on Barrett Road The following variances were allowed in order for the proposed subdivision to be within City Code: 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line; 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback-, 3. A variance from Section 35-254(d)(3) to allow a reduced rear yard setback; 4. A variance from Section 35-254(d)(4) to allow a reduced lot depth; 5. A variance from Section 35-231 to allow lots to develop on a private street; 6. A variance from the Master Street Plan to allow street grade to exceed the 12% allowed; 7. A Conditional Use Permit permitting the placement of a wastewater treatment system; and 8. A Conditional Use Permit permitting the construction of community buildings and pool. I oppose the density of this project at 10000 Old Arkansas Road, Roland, AR. name _<-_-_��— c address �_s date Jo:1 4 L)occ,bIeJ Tv,,s+, James, Donna From: tipton pugh <tiptonpugh@earthlink.net> Sent: Friday, April 3, 2015 4:59 PM To: James, Donna Subject: Subdivision at 10000 Old Arkansas Drive As a property owner at Woodsong, it concerns my that this subdivision could have a major impact on the local property that could increase the Federal Government's interest in the question of "The Clean Water Act", the EPA could question the approval of the work already done and all future work. The Natural Resourses Conservation Agency has approval on all work done on farms and I was advised that the CORP OF ENGINEERS have oversight of any river, stream or other water sources that empty into a river or as was said " ANYTHING THAT IS BLUE". Please do not approve a change to the code. This could increase the problems of the future. JOHN TIPTON PUGH SR. 14 Woodsong Drive Roland, Arkansas 72135 James, Donna From: tipton pugh <tiptonpugh@earthlink.net> Sent: Friday, April 3, 2015 4:59 PM To: James, Donna Subject: Subdivision at 10000 Old Arkansas Drive As a property owner at Woodsong, it concerns my that this subdivision could have a major impact on the local property that could increase the Federal Government's interest in the question of "The Clean Water Act", the EPA could question the approval of the work already done and all future work. The Natural Resourses Conservation Agency has approval on all work done on farms and I was advised that the CORP OF ENGINEERS have oversight of any river, stream or other water sources that empty into a river or as was said " ANYTHING THAT IS BLUE". Please do not approve a change to the code. This could increase the problems of the future. JOHN TIPTON PUGH SR. 14 Woodsong Drive Roland, Arkansas 72135 James, Donna From: Mike Marlar <mikemarlar@marlar-eng.com> Sent: Friday, April 3, 2015 1:20 PM To: James, Donna; Langley, Susan; Moore, Bruce Cc: 'Russell Rainey'; 'Bill Spivey' Subject: RE: Rainey Preliminary Plat and Conditional Use Permit Attachments: 20150403131145.pdf City Manager Moore, Please allow this e-mail to serve as an official request for deferral of 5-1737 and Z-8937-A, a preliminary plat and a conditional use permit request for property located at 10000 Old Arkansas Road, Roland, Arkansas. This item is currently scheduled for public hearing before the Board of Directors on appeal of the Planning Commission's approval of a preliminary plat and a conditional use permit to allow the development of a single-family subdivision and a wastewater treatment system. The items are scheduled to be reviewed by the Board of Directors at their April 7, 2015, hearing. The developer is requesting a deferral of this item for two (2) weeks to the April 21, 2015, meeting date to allow a review of options for the future development of this property. We also attach our letter in this regard. Thank you in advance for your consideration in our deferral request. Sincerely, 1ftzhC__ Ntagt Marlar Engineering Company, Inc. 5318 John F. Kennedy Blvd. North Little Rock, Arkansas 72116 Phone - 501-753-1987 Fax - 501-753-1993 Cell - 501-951-0025 mikemarlar@marlar-eng.com Michael R Marlar, P,E„ PLS ' MARLAR ENGINEERING CO., INC. Sarah Waggoner E C Consulting Civil F,rrl;ineers & Lund Surveyors Jason Bouwknegt 5318 John F Kennedy Boulevard Quentin Nelson INCORPORATED North Little Rock, Arkansas 72116 Jack Fleming, Hydrologist April 2, 2015 Mr. Bruce Moore City Manager City of Little Rock, Arkansas Re: Old Arkansas Development - Rainey Development Company Deferral Request Dear City Manager Moore: This letter will serve as an official request for deferral of S-1737 and Z-8937-A, a preliminary plat and a conditional use permit request for property located at 10000 Old Arkansas Road, Roland, Arkansas. This item is currently scheduled for public hearing before the Board of Directors on appeal of the Planning Commission's approval of a preliminary plat and a conditional use permit to allow the development of a single-family subdivision and a wastewater treatment system. The items are scheduled to be reviewed by the Board of Directors at their April 7, 2015, hearing. The developer is requesting a deferral of this item for two (2) weeks to the April 21, 2015, meeting date to allow a review of options for the future development of this property. Thank you in advance for your consideration in our deferral request. Sincerely, Marlar Engineering Co., Inc. 11044 Awk- Michael P. Marlar, PE President PHONE (501) 753-1987 FAX (501) 753-1993 WWW.MARLAR-ENG.COM James, Donna From: Russell Rainey <russell@rainey.cc> Sent: Monday, April 6, 2015 1:20 PM To: Bozynski, Tony; James, Donna Cc: Bill Spivey; Mike Marlar Subject: Withdrawal of Requests for Variances and Conditional Use Permit Mr. Tony Bozynski, Director Ms. Donna James, AICP, Subdivision Administrator Department of Planning and Development 723 West Markham Street Little Rock, AR 72201 RE: Application Nos. S-1737 and Z-8937-A, 10000 Old Arkansas Drive, Roland, AR, Proposed Rainey Subdivision Preliminary Plat and Conditional Use Permit; Requests for Plat Variances and Conditional Use Permits Dear Ms. James and Mr. Bozynski Notwithstanding your Staff's recommendation of approval and the affirmative vote of the Little Rock Planning Commission, we have decided to withdraw our requests for variances from the minimum lot sizes for residential subdivisions and for the Conditional Use Permits requested in connection with our preliminary plat. We withdraw these requests without prejudice to refile a request for approval of our preliminary plat for the same or similar property at a future date. It is our understanding that the withdrawal of these requests will moot any further appeal of these issues to the Board of Directors of the City of Little Rock and that it will no longer be necessary for us to appear before the Board of Directors at its regularly scheduled meeting on Tuesday, April 7, 2015, in connection with the appeal taken from the approval of the variances and the Conditional Use Permits by the Planning Commission in December of 2014. If for any reason, you have questions concerning this action, please feel free to contact the undersigned as soon as possible. Sincerely, Russell Rainey