HomeMy WebLinkAboutletter to planning commission on changes to applicationEDWARD L. WRIGHT
(1903-1977)
ROBERT S. LINDSEY
(1913-1991)
ALSTON JENNINGS
(1917-2004)
JOHN C. LILE
GORDON S, RATHER, JR.
ROGER A. GLASGOW
ALSTON JENNINGS, JR -
JOHN R.TISDALE
JOHN WILLIAM SPIVEY III
LEE 1. MU LDROW
N.M. NORTON
CHARLES T. COLEMAN
EDW INL, LOWTHER, 1R,
GREGORY T. JONES
BETTINA E- BROWNSTEIN
WALTER McSP ADDEN
JOHN D. DAVIS
JUDY SIMMONS HENRY
KIMBERLY WOOD TUCKER
RAY F, COX, IR,
TROY A. PRICE
KATHRYN A. PRYOR
1. MARK DAVIS
CLAIRE SHOWS HANCOCK
JERRY J, SALLINGS
WILLIAM STUART JACKSON
MICHAEL D. BARNES
STEPHEN R. LANCASTER
KYLE R. WILSON
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
January 28, 2009
Honorable Chauncey Taylor, Chairman
Members of Little Rock Planning Commission
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
RE: Item Nos. LU08-19-02; Z8165 -A and MSP08-01
Dear Chairman Taylor and Members of the Commission:
C- TAD BOHANNON
J. CHARLES DOUGHERTY
M, SEAN HATCH
J.ANDREW VINES
MICHELLE M KAEMMERLING
SCOTT ANDREW IRBY
PATRICK D, WILSON
DAVID P- GLOVER
REGINA A. YOUNG
PAUL D, MORRIS
DAVID E. JOHNSON
P. DELANNA PADILLA
EDWARD RIAL ARMSTRONG
CALEY B. VO
GARY D- MARTS, JR.
ERIC BERGER
JOH NATHAN D- HORTON
KATHRYN M. IRBY
JEFFREY D. WOOD
BRIAN J. McNAMARA
CHESTER H. LAUCK, III
JANE A- KIM
ADRIENNE L. JUNG
KRISTENA. SLU YTER
ERIN S. 13ROGDON
OF COUNSEL
RONALD A. MAY
ISAAC A.SCOTT, 1R.
BRUCE R. LINDSEY
CHARLES C. PRICE
JUDY ROBINSON WILBER
JAMES R. VAN DOVER
ELGIN R. CLEMONS, JR.
CHARLES S-BOHANNON
Hand Deliver
We are attorneys for the Applicants ("Applicant") in connection with the above identified items
and we are contacting you today on their behalf. At the October 2, 2008, Regular Meeting of
Little Rock Planning Commission, the above identified items were presented for your
consideration. All three items were approved by a majority of the Commission. Subsequent to
Commission approval, and following continuing discussions with members of various property
owners' associations and individual residents, Items Z -8165-A and Item LU08-19-02 were
referred back to the Commission, at the request of the Applicant, by the City Board of
Directors for consideration of an amendment to the pending application. In short, the
amendment requests revision of the currently approved "MF18" zoning for the approximate 20
acre tract in the northern portion of the overall 134 acre parcel to an "0-3" designation. This
matter was scheduled to come before the Commission at its meeting on December 18, 2008,
however the Applicant sought and received approval for deferral when it learned that only
seven members of the Commission would attend the December 8, 2008 meeting.
Prior to the December 8, 2008 meeting, and in the weeks since that time, the Applicant has
continued its discussions with members of the nearby neighborhoods and, more specifically,
the Chenal Ridge Property Owner's Association ("CItPOA"), and has reached a set of
January 28, 2009
Page 2
understandings with the CRPOA which will result in the CRPOA's endorsement of the pending
application, subject to further modifications.
Discussions with at least one other POA are ongoing and it is the Applicant's hope that further
understandings may be reached ultimately with that POA. The purpose of this letter is to
outline for the Commission the commitments which have previously been made by the
Applicant and the additional agreements reached through further negotiations and discussions
with the CRPOA. In the following paragraphs we will outline these modifications for your
further consideration.
I. First, we will address item MSP08-01, which was approved by a unanimous vote of
Commission on October 2, 2008, and for which no subsequent amendments or modifications
are sought. At the October 2, 2008 meeting, the Applicant submitted three commitments to the
City which were read into the record and were made a part of the application at the request of
the Applicant. These commitments included, as they were read into the record on October 2,
2008, the following:
441.
1. To immediately commence the design for Beckenham, Wellington Plantation
and the completion of Rahling Road adjacent to the subject property and will commence
construction of all streets, stormdrainage and related infrastructure as soon as practically
possible allowing for all necessary governmental approvals.
442. To contribute up to $325,000 for .construction of the portion of Beckenham
outside of the subject property upon conditions that:
(a) the City acquire the right-of-way for that portion of the street; and
(b) the City cooperate with Deltic in the design and approval of plans for
Beckenham such that construction of the entire street and related infrastructure may be
accomplished as a part of a single project thus resulting in cost savings through the
design, engineering and simultaneous construction of the entire street and related
infrastructure.
"3. To include as part of the Master Street Plan construction and installation of
traffic signals at the intersection of Beckenham/Plantation Drives and Rahling Road." (In
subsequent discussion at the October 2, 2008 meeting, it was mentioned that the City's Public
Works' staff might prefer to install a traffic circle at the intersection of Beckenham/Plantation
Drives and Rahling Road instead of traffic signals. The Applicant agreed that it would include
construction of a traffic circle in lieu of traffic signals at that location, if requested by the
City.)
January 28, 2009
Page 3
No other proposed amendments or modifications to Item MSP08-01 have been offered nor are
any presented for further consideration in this communication.
II. Items Z -8165-A and LU08-19-02 were essentially considered together at the October 2,
2008 meeting. Prior to the October 2, 2008 Planning Commission meeting, the Applicant
voluntarily amended its application to eliminate certain "permitted" uses and "conditional"
uses from those otherwise allowable in the "C-3" zone for which approval was sought from the
Planning Commission. A list of the remaining uses was submitted to you at the October 2,
2008 Planning Commission meeting, and was made a part of the item as approved by the
Commission.
1. As a result of the Applicant's continuing discussions with members of the
neighborhoods and representatives of the CRPOA, we have learned that among the most
important concerns of the neighbors is that no "big box" uses or developments that could yield
high traffic volume be located within the "C-3" or "0-3" areas. After exploring and discussing
these concerns with representatives of the CRPOA we have prepared a further modification to
the list of "permitted" and "conditional" uses and added certain other limitations upon
development within the "C-3" and "0-3" areas and seek now to further amend the application
to be consistent with these further modifications. Attached as part of this letter as Exhibit "A"
is a copy of the "C-3" permitted and conditional uses which has been marked to illustrate the
Applicant's initial voluntary limitations and to show those further limitations to uses in the "C-
3" zone. The list of those permitted and conditional uses which were voluntarily eliminated as
part of the application approved at the October 2, 2008, meeting are shown in Exhibit "A"
with a "single strike through line." In addition to the uses which were initially voluntarily
eliminated by the Applicant, a further list of changes is highlighted with a "double strike
through line" along with certain further limitations which have voluntarily been agreed to by
the Applicant.
The additional limitations in the C-3 zone may be summarized as follows:
The Applicant has agreed to eliminate the following additional "permitted" uses:
Item h. Bar, lounge or tavern;
Item q. Cigar or tobacco stores uses are eliminated but the "candy store" use remains;
Item yyy. Service Station.
To the list of conditional uses in the "C-3" zone, the Applicant voluntarily agrees to add "Item
x. Convenience food store with gas pumps," which would otherwise be a "permitted use."
January 28, 2009
Page 4
From the list of conditional uses in the "C-3" zone, the Applicant agrees to eliminate the
following:
Item i. Home Center; and
Item j. Eating place with drive-in service.
In addition to the "use" limitations outlined above, the Applicant also commits that no single
retail use will exceed 20,000 square feet. The Applicant believes that this limitation evidences
its recognition and intention that the proposed future development be compatible with the
existing neighborhoods surrounding the area.
2. With regard to those areas previously designated "0-3" and the area formerly
designated as "MF18" for which the Applicant seeks an amendment to "0-3," the Applicant
submits Exhibit "B" which shows a list of uses in the "0-3" zones which it has voluntarily
agreed to eliminate from the "permitted," "conditional" and "accessory" uses. These items
are shown on the attached list with a "double strike through line." Applicant has also agreed
that "Item z. School (business)"; and "Item aa. School (public or denominational)" will
become "conditional" uses instead of "permitted" uses.
In addition, the Applicant has agreed that the footprint of any single building will not be more
than 20,000 square feet and that no structure in any of the "0-3" zones will exceed three
stories in height.
III. In addition to the limitations set forth in Section II above, the applicant has further
agreed to or acknowledges the following development criteria, limitations or provisions which
shall apply to the various tracts, as appropriate:
1. All "C-3," "0-3" and "MF18" tracts adjacent to the single family residential
tracts, shall include and comply with the City landscaping ordinance including, without
limitation, construction of landscaping buffers around the perimeters of each as provided in the
City's zoning code.
2. Access to the "MF18" property will be limited to access directly from Rahling
or through the adjacent "C-3" or "0-3" areas. There will be no direct access from Wellington
Plantation Drive unless the City requires an emergency or secondary entrance to the property
from Wellington Plantation Drive.
3. All commercial, office and multifamily tracts within the overall development
will be subject to site plan review by the City.
January 28, 2009
Page 5
4. The Chenal Valley Commercial Bill of Assurance will be extended to cover all
commercial, office and multifamily areas to insure the appropriate architectural review and
approval as in all other commercial, office and multifamily areas within Chenal Valley.
5. All commercial, office and multifamily tracts will be covered by the Chenal
Valley Property Owners' Association to insure that each is maintained and operated in a
manner consistent with Chenal POA standards.
6. Deltic agrees to restrict all R-2 areas to single family residential use by
restrictive covenants or other appropriate method.
7. With respect to Deltic property west of Rahling Road, Deltic commits that
except for streets on the Master Street Plan, no neighborhoods lying west of Rahling Road will
be connected to Rahling Road adjacent to the subject property and extending north to Pebble
Beach.
8. The Applicant will fund and construct all necessary drainage and detention
infrastructure along Rahling, Beckenham and Wellington Plantation through the subject 134
acres.
These agreements are offered in good faith and as further measure of the Applicant's intention
to recognize the need to carefully monitor development within the subject 134 acre tract.
Please consider this the Applicant's request for amendment of its pending application in
recognition that all requested uses and further modifications are less intense than the
applications as approved by the Planning Commission at its October 2, 2008, meeting.
Sincerely,
WRIGHT, LINDSEY & JENNINGS LLP
Jo n William Spivey III
JWS:jlh
Enclosures (2)
a. Arnusep;eR (Eliminated by Deltic w/ original proposal)
(Eliminated in Jan. 2009)
EXHIBIT "A"
Sec. 36-301. C-3 General commercial district.
(a) Purpose and intent. The C-3 general commercial district shall be applied to the
broad range of retail uses which comprise the commercial function of the city including
groupings of freestanding commercial structures. This section applies to such district.
Permitted uses include most types of retail activity except those involving open displays
of merchandise and those which generate large volumes of vehicular traffic or are
otherwise incompatible with the purpose and intent of the C-3 general commercial
district. Retail areas zoned C-3 general commercial shall be generally concentrated as
to geographical configuration. It is anticipated, however, that in some situations,
change to another commercial or office classification may be appropriate to permit the
transition of strip retail areas to other productive forms of land use. It is the intent of
these regulations that the C-3 district be concentrated at the intersection of arterial
streets. Extension of this district along major arterial streets in linear fashion shall be
discouraged. Outdoor display of merchandise is allowed under carefully controlled
conditions.
(b) Development criteria. All commercial uses shall be restricted to closed buildings,
except parking lots, seasonal and temporary sales per section 36-298.4, and the normal
pump island services of service station operations. In addition, outdoor display of
merchandise is allowed in an area equal to one-half ( 1/2) of the facade area of the front
of the building. Certain seasonal or special event sales may be allowed when the owner
has requested a permit for such activity in conjunction with the privilege license
application. The permitting authority shall review the owner's plan or placement of
merchandise in order to assure that obstruction of drives, walks, required parking and
fire lanes does not occur. In no case shall full-time static open display be permitted.
(c) Use regulations.
(1) Permitted uses. Permitted uses are as follows:
Kn• [ allf iCA w. Jti1114 nt, (commereial, inside).
b. Animal clinic (enclosed).
c. Antique shop, with repair.
d. Appliance repair.
.+- Auto pai4s and accessories.
f. Bakery or confectionery shop.
g. Bank or savings and loan office.
i. Barber and beauty shop.
j. Beverage shop.
k. Book and stationery store.
1. Butcher shop.
m. Qbhiet and woodwork shop,
n. Camera shop.
o. Catering, commercial.
p. Church.
DOCS-11798652-vI-Deltic-_letter_to_Mr_Chauncey_Taylor.DOC
b. Amusemen (Eliminated by Deltic wl original proposal)
(Eliminated in Jan. 2009)
candy store.
r. Clinic (medical, dental or optical).
s. College
store.
t. l 1 o l lege ri "r -
rj .
u. l�
College
v. College, unive-ES-Aly Or seminary.
W. CE)
.: n1faFe or health ee fl4af.
- . Moved to Conditional Use
y f-'r.m,eat er monnoteF _
z. [Reserved].
aa. Custom sewing and millinery.
bl•}. Day nursery OF Anel ewe center.
c-C.I. Day ear@- center, -ate
dd. Drugstore or pharmacy.
ee. Duplication shop.
ff. Eating place without drive-in service.
g=Esta#1is#mentfsr the eaffeA- -f alcoholic nafeetic-ar-p$yri c s
hh. Establishment of a religious, charitable or philanthropic organization.
Coad stele
jj. Fire station.
kk. Florist shop.
11. Food store.
mm. Furniture store.
nn. Group elp-re fa-e-lity.
oo. Handicraft, ceramic sculpture or similar artwork.
pp. Hardware or sporting goods store.
qq. Health studio or spa.
rr. Hobby shop.
ss. HaspiW-.
tt. Hotel or motel.
uu. Jewelry store.
vv. Job printing, lithographer, printing or blueprinting.
ww. Key shop.
��efaiof-)'.
zz. Laundry, domestic cleaning.
aaa. Lawn and garden center, enclosed.
bbb. Library, art gallery, museum or similar public use.
ddd. Medical appliaRee fittings and sales.
ftt. Multifamily &,elkHgs (as p'eF the D _5 distr-iet 1).
ggg. Office (general and professional).
hM. Offiee, showroom with warehouse (with retail sales, emlesed).
DOCS-#798652-vl-Deltic_ letter_to_Mr_Chauncey_Taylor.DOC
G. Amusement (Eliminated by Deltic wl original proposal)
(Eliminated in Jan. 2009)
iii. Office equipment sales and service.
j j j . Optical shop.
kkk. Paint and wallpaper store.
IH. Pirlri_" eammercial lot or garage
nuYun. Pawnshop
nnn. Pet shop.
000. Photography studio.
ppp Private s, -heel, 1.;.,defga_riea_ of institu ien fer- speeial ed;jeat;.yr.
qqq. A_iyate ,elub with dining or bar nernnee_
Ffr-.. Recycltt facility, utoniatE4l-
sss. Retail uses not listed (enclosed).
M. School (busine&s)7
Cehael ',-ub e .ter denominational)
www. Seasonal and temporary sales, outside.
zzz. Shoe repair.
aaaa. Studio (art, music, speech, drama, dance or other artistic endeavors).
cccc. Tailor.
dddd.
eeee. Tau; r.ffir+a
ffff Theater (not dFiye it type)
hhhh. Travel bureau.
(2) Conditional uses. Conditional uses are as follows:
a. Ambulance service post.
hAfausement; emmereial (outside).
n A „ta glass _nx-_muffler- shop
d. Auto parts, sales with limited motor vehicle parts installation.
e Auto rental or-
_leasing _(no service sales or- Fepaer)
f. Aate repair- gapaget-
n Building material sales (open)
ccr-srca-gym c-sZ�pcnT
h C wash.
k. Glass or glazer. Installation, repair and sales.
in. Landscape service.
n. Lawn aFA gar-dea eenteF, open display.
P.
N or- coli alesee t 1...me
DOCS -#798652-v 1 -Deltic_ -_le tter_to_Mr_Chauncey_Taylor. DOC
r. Offiee ware ouse.
ar_. Plant nui--sera
t. Service station with limited motor vehicle repair.
U -Small eagiRe « r.ni.-
w. Too! and equipfneF4 r-eFAal (with eu8ide display).
y. Upholstery shop, furniture.
.
aa. Convenience food store with gas pumps.
DOCS-#798652-vl-Deltic_ _letter_to_Mr_Chauncey_Taylor.DOC
Wo
MUM- I indicates Deltic has
agreed to eliminate the use in Jan. 2009.
EXHIBIT "B"
Sec. 36-281. 0-3 general office district.
(a) Purpose and intent. The 0-3 general office district is established to accommodate
offices and associated administrative, executive and professional uses in new and
existing structures together with specified institutional and accessory uses. This section
applies to such district. The 0-3 district is characterized by freestanding buildings and
ancillary parking, and shall be limited to arterial street locations in developed areas of
the city and other carefully selected areas where public utilities, community facilities
and other public services are adequate to support general office development.
(b) Use regulations.
(1) Permitted uses. Permitted uses are as follows:
a. Bank or savings and loan office.
b. Church.
c. Clinic (medical, dental or optical).
r7.Ry RUFSOF5.
681-0 WPA
j. Duplication shop.
1. Establishment of a religious, charitable or philanthropic organization.
in. Family care facility.
n. Fire station.
o. Governmental or private recreational uses, including but not limited to golf
courses, tennis courts, swimming pools, playgrounds, day camps and passive
recreational open space.
�
P'
r. Library, art gallery, museum or similar public use.
T -41140 AV f4--t4l
V. Office (general or professional).
w. Photography studio.
(Moved to
Conditional)
y. Rooming, lodging and boarding facilities.
z. School (business).
(Moved to Conditional)
bb. Studio (broadcasting and recording).
cc. Studio (art, music, speech, drama, dance or other artistic endeavors).
DOCS -#798652 -v1 -Deltic letter_to_Mr_Chauncey_Taylor.DOC
I
dd. Travel Bureau.
(2) Accessory uses. The following accessory uses are permitted only in conjunction
with an allowable use or uses in the 0-3 district and shall not exceed ten (10) percent of
the total floor area on the site.
a. Antique shop.
b. Barber and beauty shop.
c. Book and stationery store.
d. Camera s1iop.
e;. candy store.
f. Clothing store.
g. Custom sewing or millinery.
h. Drugstore or pharmacy.
i. Eating place without drive-in service.
j. Florist shop.
k. Health studio or spa.
1. Hobby shop.
m. Jewelry store.
n. Key shop.
o. Laundry pickup station.
p. Tailor shop.
(3) Conditional uses. Conditional uses are as follows:
a. Ambulance Service Post.
b. Animal clinic (enclosed).
c. Barber and beauty shops.
Or-
e. Health studio or spa.
f. Job printing, lithographer, printing or blueprinting.
j. Orphanage.
k. School (commercial, trade or craft).
1 T....: .. rL:.
m. Private school, kindergarten or institution for special education.
n. School (public or denominational).
DOCS-#798652-vl-Deltic-_letter_to_Mr_Chauncey_Taylor.DOC