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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 2494050-v1 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 2494050-v1