HomeMy WebLinkAboutPotlatch- Deltic Letter to PC 021522Y:L
WRIGHT LINDSEY JENNINGS
200 West Capitol Avenue, Suite 2300 Little Rock, AR 72201-3699 Main 501.371.0808 Fax 501.376.9442 wlj.com
John William Spivey III
ATTORNEY
Direct: 501.212.1310 1 jspivey@wlj.com
February 9, 2022
Via Email: ycollins@littlerock. gov
City of Little Rock Planning Commission
Attn: Mr. Gilbert Collins, Director of Comprehensive Planning
723 W. Markham Street
Little Rock, Arkansas 72201
Re: Item Z-5097-L: Application for PC-D and a subdivision of a Lot at the
Southeast Corner of Arkansas State Highway 10 and Chenal Parkway,
Little Rock, Arkansas (the "Property")
Ladies and Gentlemen:
On behalf of PotlatchDeltic Real Estate, LLC ("PotlatchDeltic") and the Chenal
Valley Architectural Control Committee ("ACC"), we write you today with regard to
the above identified Project which is before you for consideration at your meeting on
Thursday, February 10, 2022. The Property which is the subject of this application
is subject to the Chenal Valley Declaration of Covenants and Restrictions (the
"Declaration") and, because the Applicant also seeks to subdivide the Property into
two lots, is further subject the approval of, PotlatchDeltic Real Estate, LLC, the
successor in interest to Deltic Timber Corporation, the original developer of the
Property.
The Applicant, by and through its engineers, has met with the ACC and has
presented its plan of development for the ACC's consideration. The ACC does not
have sufficient information about the proposed PC-D to make a determination of the
suitability of the project under ACC guidelines. We understand that the Applicant
may have submitted a revised plan of development to the Commission Staff, but the
ACC has not had an opportunity to consider and further comment on this revised
plan if one exists.
Wright, Lindsey & Jennings LLP
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WRIGHT LINDSEY JENNINGS
February 9, 2022
Page 2
The ACC believes that the Applicant has and will continue to work with the ACC in
good faith to obtain the ACC's final approval of its final development plan. However,
as to today, the plan has not been approved by the ACC. The ACC is unable to advise
you when such final approval may occur or whether such final approval will include
requirements which may be more restrictive than those contained in the proposal
before you today. The ACC is prepared to work with the Applicant with the hope that
such final approval can be obtained prior to the issuance by the City of a building
permit and commencement of construction of the Project.
In addition, the Bill of Assurance for the Property reserves to PotlatchDeltic the right
to approve any subdivision of the Property. As of today's meeting, the Applicant has
not formally requested approval for the requested subdivision of the Property and
therefore, PotlatchDeltic is unable to advise you when or if the Applicant intends to
seek such approval from PotlatchDeltic.
As we have stated during many previous appearances before this Commission,
PotlatchDeltic recognizes that you are under no obligation to consider the
circumstances I present to you today. Nevertheless, PotlatchDeltic and the ACC have
always endeavored to work with this Commission and the Little Rock Board of
Directors to ensure an orderly process of development within the Chenal Valley
Neighborhoods of Little Rock. For this reason, we respectfully request that the
Commission defer consideration of this Application until such time as the Applicant
has obtained final approval from the ACC and PotlatchDeltic has been afforded the
opportunity to consider the Applicant's request for subdivision of the Property.
We will more than happy to consider any questions you have in this regard. Your
thoughtful consideration of this request will be much appreciated.
Sincerely
J n William Spivey I
right, Lindsey & Jennings LLP
Attorneys for PotlatchDeltic Real Estate
LLC and the Chenal Valley Architectural
Control Committee
Wright, Lindsey & Jennings LLP
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