Loading...
HomeMy WebLinkAboutletters about changes from Spivey DelticA EDWARD L. WRIGHT (1903-1977) R O BF, RT S. I,INDS ISY (1913-1991) ALSTON JENNINGS (1917-2004) GORDON S- RATHER, JR. JOHN R,TISDALE JOHN WILLIAM SPIVEY III LEE, J. MULDROW N.M NORTON CHARLES T. COLEMAN EDWIN L. LOWTHER, JR, GREGORYT. JONES WALTER MCSPADDF,N JOHN D. DAVIS JUDY SIMMONS HENRY KIMBF,RLY WOOD TUCKER TROY A. PRICE KATHRYN A. PRYOR J- MARK DAVIS JERRY J. SALLINGS WILLIAM STUART .JACKSON MICHAF,L D. BARNES STEPHEN R. LANCASTER KYLE R. WILSON 11 CIIARLES DOUGHERTY M. SPAN HATCH JUSTIN T. ALLEN MiCIi F, I,LF, M. KAEMMERLING d.NDRFW iRav PATRICK D. WILSON DAVID P_ GLOVER REGINA A, YOUNG PAUL D. MORRIS GARY D. MARTS, JR, WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE, SUITE 2300 LITTLE ROCK, ARKANSAS 72201-3699 (501) 371-0808 • FAX (501) 376-9442 NORTHWEST ARKANSAS 3333 PINNACLE HILLS PARKWAY, SUITE 510 ROGERS, ARKANSAS 72758-8960 (479) 986-0888 . FAX (479) 986-8932 Www.wlj.com Writer's Direct Dial No. 501-212-1310 jspivey@wlj.com Reply to Little Rock Office June 3, 2014 Mr. Walter Malone Y� City of Little Rock Department of Planning and Development 1v 723 West Markham Street Little Rock, Arkansas 72201-1334Y ERIC BI,RGER P- DEI. ANNA PADILLA CALEY B. VO 0IINA'I'IIAN D, MORTON ,1 :ANF A KIM ADRIENN FI L. RAKER DAVID I,. JONES W. CARSON TUCKER KRISTEN S- MOYERS ERIN S. BROGDON JEFFREY L. SINGLETON KATHRYN M, IRBY RICHARD BLAKELY GLASGOW DIANA BORGOGNONi SNYDER PATRICK M, YOUNG BIANCA M, RUCKER ANTWAN D. PHILLIPS BAXTER D. DRENNON MICiIAEI, A, THOMPSON SET 11 R JEWELL HAYDEN W. SHURGAR COURTNEY C. McLARTY JAIMIF G MOSS NF,EMAH A ESMAE,ILPOUR R. AARON BROOKS REBECCA li- STAHL E LEI: LOWTHER 111 DAVID C JUNG GF COIINSF,I, JGUN G. Lii,F, ROGER A. GLASGOW FRED M PERKINS III BRUCE R. LINDSEY JAMES R VAN DOVER CHARLES S. ROHANNON RE: Deltic Timber Corporation's comments on proposed Land Use Changes Dear Walter: Thank you for allowing us time to discuss with Deltic Timber Corporation's representatives their review of proposed changes to the City's Master Land Use Plan for properties in and around Deltic's Chenal Valley development. You are gracious to allow an extension of time to June 6, 2014 to register these comments and it has been our goal to provide this response to you as soon as possible. I have attempted to identify each such parcel by either a familiar reference or a location with the hope of simplifying your review and understanding of these concerns. There are seven such parcels and Deltic's comments on all of these parcels are as follows: s 1. Wildwood Park for the Arts. The proposal is to change the underlying land use designation from Residential Low Density (RL) to Public/Institutional (PI). Deltic would oppose the change in the underlying land use designation for at least a couple of very good reasons. First, of the approximately 104 acres comprising the park, at present only a small portion of that acreage has actually been developed and devoted to park activities. Although there is no plan or agreement in place, there have been discussions over the years about a re -conveyance of a portion of the 1216852-v1 June 3, 2014 Page 2 original park grant back to Deltic for other uses. Furthermore, the original deed from Deltic to the Wildwood Park for the Performing Arts Board of Trustees, included a reversionary clause which provides that should the Park ever not be used for the performing arts, ownership of the property would revert to Deltic. Although logically the change of the underlying land use to conform to its use as a park may appear to be consistent, in a more general context, Deltic believes that the underlying land use should remain residential low density. 2. Chenal Elementary. Change from RL to PI. Deltic has no objection to this change. 3. Parcel south of Kanis Road immediately east of the confluence of Kanis and Denny Roads. There are presently two structures on this property which are used for office purposes, although one is a converted single family residence. The proposal is to change from RL to Suburban Office (SO) which Deltic assumes will remain as such at least so long as the property does not have municipal sewer service. Deltic has no objection to this change. 4, Neighborhood Park on Cham a nolle Drive west of Rahling Road. You have oposed changing the, land use designation from RL to "Park/Open Space" (PK/OS) for this parcel. The present use of this parcel as a neighborhood park is open only to residents who are members of the Chenal Valley Property Owners Association and while it has some attributes of a "public" park it is essentially a private area. The park sits immediately across Champagnolle from property currently zoned "0-2" and adjacent to a parcel zoned "C-1" or neighborhood commercial. Whether this area will remain a neighborhood park may depend upon the long term plan for Chenal Valley and although there are no plans presently for any use of this area other than as a neighborhood park, Deltic would prefer that the underlying land use remain RL. 5. St. Vincent Parcel. It appears that a portion of the tract covered in the proposed change extends on to a parcel owned by Deltic at the southeast corner of St. Vincent Way and Rahling Road but because the graphics used by the City are imprecise, it is impossible for Deltic to accurately determine the extent of the proposed change. The proposal is to move from Mixed Use (MX) to Office (0). Deltic defers to St. Vincent on the proposed change as it affects the SVI property, however, Deltic objects to any change in the underlying land use of its parcel located at the southeast corner of the intersection of St. Vincent Way and Rahling Road. 6. Bank of the Ozarks Corporate Headguarters. The proposed change is from Commercial to Office. Deltic defers to Bank of the Ozarks with respect to the change of land use underlying its headquarters building. 1216852-v1 June 3, 2014 Page 3 7. Chenal Woods Condominiums. The proposed change is from RL to RHD or "Residential High Density." The change would seem appropriate given the use of the property and Deltic has no objection thereto. I will be happy to discuss with you Deltic's reasoning for any of the foregoing comments, however, we believe that most, if not all, are self-explanatory. Nevertheless, please feel free to contact me should you have any questions concerning the comments set forth herein. JWS/jlh Cc: Tim Daters 1216852-v1 Cordially, WRIGHT, LINDSEY & JENNINGS LLP ltl� "( John William Spivey III Malone, Walter From: Bill Spivey <jspivey@wlj.com> Sent: Tuesday, May 13, 2014 11:42 AM To: Malone, Walter Subject: Land Use changes Walter: I received your kind letter today and believe that the June 6 deadline for response will provide ample time to get back to you. I tend to agree that most of these changes are ones that Deltic will have little if any comment on. There are a couple, however, which require some thought on the Company's part but we should be back to you in plenty of time. Thanks for your understanding. M EtCity of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 May 9, 2014 John William Spivey III Wright, Lindsey & Jennings LLP 200 West Capitol Avenue, Suite 2300 Little Rock, AR 72201-3699 t Dear Mr. ivey, We have received your letter and have no problem with taking no further action on the possible Land Use changes until June. If you have any comments on the possible changes, we would ask you to send them to us by Friday June 6, 2014. If you want to further discuss the changes or wish to take longer, please let me know. Planning Zoning and Subdivision I apologize for our (most likely mine) oversight on this initial notification. If we proceed with any of the changes, a second letter will be sent later this summer. I will be sure that we honor your previous request with that mailing. We believe these are `clean-up' Land Use Plan changes. If you and your clients do not believe they are appropriate that is what we wish to hear at this time. Feel free to write, email, phone or come by with any questions. Thank you for your consideration and efforts on this matter. Sincerel , Walter Malone, AICP Planning Manager EDWARD L, WRIGHT (1903-1977) ROBERT S. LINDSEY (1913.1991) ALSTON JENNINGS (1917.2004) CORDON S. RATHER, JR. ,JOAN R. TISDALE JOHN WILLIAM SPIVEY TIT LEE J. MULDROW N.M. NORTON CHARLES T. COLEMAN EDWIN L. LOWTHER. JR, GREGORY T. ,[ONES WALTER M,SPADDF,N JOHN D. DAVIS JUDY SIMMONS HENRY KIMBERLY WOOD TUCKER TROY A. PRICE KATHRYN A. PRYOR J. MARK DAVIS JERRY J. SALLINGS WILLIAM STUART JACKSON MICHAEL D. BARNES STEPHEN R. LANCASTER KYLE, R. WILSON J. CHARLES DOUGHERTY M. SEAN HATCH JUSTIN T, ALLEN MICHELLE M. KAEMMERLING SCOTT ANDREW IRBY PATRICK D, WILSON PAV[D Y. GLOVP1R REGINA A. YOUNG PAUL D, MORRIS GARY D, MARTS, JR WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE, SUITE 2300 LITTLE ROCK, ARKANSAS 72201-3699 (501) 371-0808 . FAX (501) 376-9442 NORTHWEST ARKANSAS 3333 PINNACLE HILLS PARKWAY, SUITE 510 ROGERS, ARKANSAS 72758-8960 (479) 986-0888 . FAX (479) 986-8932 www.wlj.com Writer's Direct Dial No. 501-212-1310 jspivey®wlj.com Reply to Little Rock Office May 7, 2014 ERIC MERGER P. DELANNA PADILLA CALEY U. VO dOHNATHAN D HORTON .JANE A- KIM ADRIENNE L. BAKER DAVID L- JON FS W. CARSON TUCKER KRISTEN S. MOYERS ERIN S. BROGDON ,JEFFREY L. SINGLETON KATHRYN M. IRDY RICHARD BLAKELY GLASGOW DIANA BORGOGNONI SNYDER PATRICK M. YOUNG BIANCA M. RUCKER ANTWAN D. PHILLIPS BAXTER D. DRF.NNON MICHAEL A. THOMPSON SETH R. [EWE LL HAYDEN W. SHURGAR COURTNEY C. McLARTY JAIMIE G. MOSS NFF.MAII A. ESMAEILPOUR R. AARON BROOKS REBECCA H. STAHL 11, LEE LOWTH FR III DAVID C, JUNG OF COUNSEL JOHN G. LILE ROGER A. GLASGOW FKED "L rLKK.NS BRUCER. LINDSEY JAMES R. VAN DOVER CHARLES S. BOHANNON Mr. Walter Malone City of Little Rock Department of Planning and Development A44Y 2014 723 West Markham Street Little Rock, Arkansas 72201-1334 RE: Proposed changes to the City's Future Land Use Plan Dear Walter: It was recently brought to my attention that as of April 17, 2014, and perhaps on other dates, you sent a number of letters to property owners in the Chenal Valley area using, at least in the case of Deltic Timber Corporation, an out-of-date address. These matters were brought to my attention for the first time on Friday, May 2, 2014, and I am writing now in hopes with helping you correct your records. First, the name "Deltic Farm & Timber" was changed many years ago and the correct name of the company is "Deltic Timber Corporation." The mailing address for Deltic Timber Corporation is 210 East Elm Street, P.O. Box 7200, El Dorado, Arkansas 71731-7200. The address you used on at least one letter provided to me is clearly defective and outdated. As a matter of law, the failure to use the best address available to you, renders the prior notifications ineffective. This is not the first time you or your department have attempted to notify Deltic Timber Corporation using an out-of-date address when a better address was available or otherwise known to you. Second, by letter dated March 23, 2010, I informed the Department of Planning and Development that for purposes of future notification concerning matters of interest to Deltic Timber Corporation, a copy of notices such as those you recently mailed 1213989-v1 • WRIGHT, LINDSEY & JENNINGS LLP May 7, 2014 Page 2 should be sent to my attention at Wright, Lindsey & Jennings LLP. With the exception of the letters you recently sent, I must congratulate your department for honoring this instruction over the past several years. However, you were either unaware of or chose not to follow this instruction with respect to the letters you recently attempted to send to Deltic Timber Corporation. I have provided a copy of my original letter to you for your files. Finally, in view of the fact that the Company effectively received notice from the City , last, Friday, would k 'ha;- -I--e ,-. � ' t- � for lJl�� only 1C1.7L 11 d�', e VV (J UIU d� L L11G tirue you mcluded ill your leu -ter response be extended through and including June 2, 2014. I have briefly reviewed copies of your correspondence and expect that it will take some time for me to collect comments from the Company and others who may wish to comment on these proposed land use changes. I would ask that you provide me with written confirmation of the extension of your deadline to insure that Deltic Timber Corporation has adequate time to offer its comments, if any, with respect to any of the prospective future land use changes mentioned in the letters you have sent previously. Of course, should you have any questions concerning this request, I ask that you contact me immediately at the address shown above. Cordially, WRIGHT, LIND EY & JENNINGS LLP John William Spivey III JWS/jlh Enclosure Cc: Thomas M. Carpenter, City Attorney Mr. Tim Daters 1213989-v1 . EDWARD L, WRIGHT (1903-1977) ROBERT S. LINDSEY (1913-1991) ALSTON JENN I NGS (1917-2004) JOHN G. L1LE GORDON S. RATHER, JR.. ALSTON I E N KINGS, JR, JOHN R. TI SDALE JOHN WILLIAM SPIVEY III LEE J. MULDROW N.M. NORTON CHARLEST'COLEMAN EDWIN L. LOWTHER, JR. GREGORY T. JONES 13ETTINA E. BROWNSTEIN WALTER Mc SPADDEN JOHN D, DAVIS JUDY SIMMONS HENRY KIMBERLY WOOD TUCKER RAY F. COX, IR - TROY A. PRICE KATHRYN A.PRYOR J. MARK DAVIS JERRY J. SALLINGS WILLIAM STUART JACKSON MICHAEL D. BARNES STEPHEN R. LANCASTER KYLE R. WILSON C. TAD BOHAN NON J. CHARLES DOUG14ERTY M. SEAN HATCH WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE, SUITE 2300 LITTLE ROCK, ARKANSAS 72201-3699 (501) 371-0808 . FAX (501) 376-9442 903 NORTH 47TH STREET, SUITE 101 ROGERS, ARKANSAS 72756 (479) 986-0888 . FAX (479) 986-8932 www.wlj.com Writer's Direct Dial No. 501-212-1310 jspivey@wlj.com Reply to Little Rock Office Mr. Tony Bozynski Director of Neighborhoods & Planning City of Little Rock 723 W. Markham Little Rock, Arkansas 72201 Mr. Steve Beck Public Works Department 701 West Markham St. Little Rock, Arkansas 72201 RE: Deltic Timber Corporation Gentlemen: March 23, 2010 1.ANDREW VINES MICHELLE M. KAEM MERLING SCOTT ANDREW IRBY PATRICK D. WILSON DAVID P. GLOVER REGINA A. YOUNG PAUL D. MORRIS EDWARD RIAL ARMSTRONG GARY D. MARTS, JR. ERIC BERGER P. DELANNA PADILLA CALEY B. VO JOHNATHAN D. HORTON KATHRYN M. IRBY BRIAN J. McNAMARA CHESTER H. LAUCK, III W. CARSON TUCKER JANE A, KIM ADRIENNE L. JUNG KRISTEN A, SLUYTER ERIN S. BRO GDON RICHARD BLAKELY GLASGOW DIANA E. BORGOGNONI PATRICK M. YOUNG OF COUNSEL RONALD A. MAY ROGER A. GLASGOW BRUCE R, LINDSEY JUDY ROBINSON WILBER JAMES R. VAN DOVER CHARLES S. BOHANNON I have been authorized to request that whenever matters pending before the Planning Commission or which are being handled by either the Neighborhoods and Planning Department or the Public Works Department involving property owned by, or located near property owned by Deltic Timber Corporation, and which in the ordinary course of giving notice to interested property owners a notice would be sent to Deltic Timber Corporation, that a copy of that notice also be sent to me as Deltic's attorney. All such notices may be sent to me at the address shown above. We request that you place this letter on file and make note that this request is made in order that we receive notices whenever notice of matters pending before the City Board of Directors, the Little Rock Planning Commission or another public body or commission requires that notice be given to a property owner as otherwise required by law or City ordinances in every such appropriate instance. 1 A WRIGHT, LINDSEY & IENNINGS LLP r March 23, 2010 Page 2 Should you have any questions concerning this request or the authorization for it, you may feel free to contact Mr. David Meghreblian, Real Estate Manager, Deltic Timber Corporation, 501-821-5555 for confirmation. JWS:jlh cc: Mr. David Meghreblian Cordially, WRIGHT, LINDSEY & JENNINGS LLP C t--�� John William Spivey