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HomeMy WebLinkAboutZ-7131-C Application 2CHENAL VALLEY COMMERCIAL PROPERTY ARCHITECTURAL CONTROL GUIDELINES PURPOSE OF THIS DOCUMENT Chenal Valley Commercial Properties consists of approximately 600 acres. These properties are carefully planned parcels within the Land Development Plan of Chenal Valley Commercial Property which will serve as a transition between residential bordering property. These architectural guidelines will establish a unified development for all commercial sites in Chenal Valley unless more restrictive design criteria applies. (i.e.; the Village at Rahling Road) Although each tot is planned to contain a separate building with its required parking and drives, and is planned to accommodate separate owner, or lessees the entire tracts are viewed as a total, interrelated grouping. The developed lots will be parts of a whole composition, and not a collection of individual, separately arranged parcels. This design guidelines manual has been created to describe the design criteria and approval process for the Chenal Valley Commercial Property. It is intended for use by owners, lessees, architects and contractors to assist in the design and construction of improvements in this development community and to describe the systematic review process for all projects. F: HOMMPATRDELTIC1ccp-ca-gdlrkO 1.0 GENERAL GUIDELINES 1.1 Statement of Theme/Philosophy Theme/Philosophyfor Chenal Valle When the designers began planning the development of Chenal Valley, they realized that the inherent beauty of this development should be preserved to make this new community a very special place. The development derives its beauty from its gently rolling topography, mature hardwood forests, lakes, ponds and the championship Chenal Golf Course and Country Club. The challenge to the development team was to develop a unique planned community which would preserve to the greatest extent possible the natural environment of this site. To that end, many innovative land planning and engineering techniques were employed at Chenal Valley. The street system in Chenal Valley was designed around trees and other natural features, resulting in reduced grading requirements and increased preservation of existing vegetation. A community -wide storm water management system was developed by creation of additional lakes on the site, thereby protecting water quality in streams and lakes downstream from the area. Buffers around natural drainage ways were established to aid further in storm water runoff control. Development of the Chenal Valley Commercial Properties continues this philosophy. 1.2 Community Goals and Objectives - The Architectural Control Committee's goal is to encourage appropriate architectural design that blends with the surroundings of Chenal Valley and is sensitive to environmental factors. New construction should reinforce this community's identity and should contribute to the beauty and harmony of the community. The highest quality in design, materials and workmanship should be evident in all construction in Chenal Valley. To preserve the values and character of Chenal Valley, design guidelines have been established. The design objectives described in the guidelines will support the community goal of maintaining a unique and environmentally sensitive community. This philosophy will support the creation of a homogeneous commercial community in a natural setting free from discordant architectural styles and obtrusive colors. The guidelines require that each building be treated not as a carefully planned addition to the community setting but as a piece to the plan. To preserve the overall character of the community, the architectural controls for Chenal Valley extend beyond the building walls to include the entire site. 1.3 Amendments - From time to time, amendments to the design guidelines may be deemed necessary by the Chenal Valley Architectural Control Committee. Such amendments, if approved by the Committee, will not affect covenanted standards for lots previously recorded. Suggestions and recommendations for amendments from all sources are welcome, and each suggestion will be given appropriate consideration by the Architectural Control Committee. F:U{OMEIPATRDELTIG\cCp-oa -gd1rks3 2 2.0 ARCHITECTURAL CONTROL COMMITTEE 2.1 1"Limose - The purpose of the Chenal Valley Architectural Control Committee is to review and approve plans for new construction, alterations, landscaping, additions and demolitions. Committee approval of plans is based on aesthetic consideration and compatibility with the environment, the community, and this development. 2.2 Members - The Architectural Control Committee consists of at least three members appointed pursuant to the provisions of the Declaration of Covenants and Restrictions of Chenal Valley filed November 22, 1989 in the Office of the Circuit Clerk of Pulaski County, Arkansas as Instrument Number 89-61706 and any and all amendments thereto. Members eligible for appointment to the Committee may include members ofthe development team, homeowners and business men or women. Current members are: 1. Bill Gaskin 2. Tom Russell 3. Joe White, Sr. 4. Jack McCray Members are appointed by Deltic Timber Corporation, Inc., the owner and developer, and serve a term of one year. 2.3 Committee Meetin s - The Architectural Control Committee holds regular meetings twice monthly on the first and third Wednesdays at 12:00 noon at the offices of Chenal Properties, Inc. Such meetings may be canceled or rescheduled by the Committee Chairman. Should the time and place of the regularly scheduled meetings change, all those with applications pending will be notified accordingly by telephone or in writing at least five working days before the regular meeting date. 2.4 Fees - An application fee of $100.00 will be assessed. FAHOMEXPATRDELTIC1ccp-oonuol-OnO 3 3.0 REVIEW PROCEDURES 3.1 Preliminary Conference - Prior to formal submission of plans to the Architectural Control Committee, it is strongly recommended that applicants request a preliminary conference with a member or members of the Committee. Such conferences, which may be arranged by contacting any committee member, will provide prospective applicants an opportunity to present their project concepts and objectives and receive comments from the Architectural Control Committee prior to pursuing final design. 3.2 Formal Submission and Approval - Two sets of plans shall be submitted along with the application for approval of construction (Appendix A). Applicants' plans and application must be delivered to the Chenal Properties, Inc. Marketing Office at least five working days before the next scheduled Architectural Control Committee meeting. The plans and application will be reviewed at the next regular meeting of the Committee. If these documents are approved, the applicant will receive written notification of the approval along with one set of plans bearing the Committee's seal. One set of approved plans will be retained in the files of the Architectural Control Committee. If the applicant's plans are not approved, written notice indicating the reason for denial will be given. If the Architectural Control Committee shall fail to approve or disapprove any plans within thirty (30) days after submittal, such plans shall be deemed approved. If an application is denied, the applicant may request a meeting to discuss design changes that may lead to Committee approval. These requests shall be submitted to the Committee's chairman at Chenal Properties, Inc. During the active development period all applicants will be notified ofthe Committee's action no later than five working days after the Committee's meeting date. All applications and plans approved by the Architectural Control Committee are valid for 24 months. 3.3 Submission Requirements - All plans submitted to the Architectural Control Committee for review must include the following information. 3.3.a. A site plan at a scale of 1" equals 50' or larger showing: m topography streets wooded areas ■ proposed building location i building footprint 0 driveways A walls and screens Y terraces and decks 6 parking areas e walks ■ any other accessory uses o property lines FAHOMETAMDELTIOmp-caiunl-gdlnA 4 a utility easements grading plan s site lighting ■ existing trees 12" in diameter (measured 4' above grade) 3.3.b. A floor plan showing major dimensions and openings at a scale of 1/8" equals 1'-0" or larger. 3.3.c. Elevation drawings of the proposed building indicating mass, shape and major exterior materials and colors. Elevations are required for all sides. All utilitarian (such as electrical elements, waste storage areas, loading docks and the like) areas must be screened and indicated on plans. 3.3.d. Elevation and detail drawings of screen walls, railings and site structures. 3.3.e. Landscape plans showing all planting areas at a scale of 1" equals 20' or larger showing: • plant materials (size, quantity and type) • bed areas • screening • buffer strips • irrigation limits • detention ponds ■ walkways The purpose of the formal submission of the Architectural Control Committee is to allow for the evaluation of the submission for compliance with the overall community philosophy and with these guidelines. Applicants should look to existing buildings and the landscape surrounding a site for direction about approximate materials, form, color and style. Additionally, applicants must meet the requirements of the City of Little Rock, including landscape and excavation ordinances, to secure a building permit from the City. Note that issuance of building permit does not imply approval by the Chenal Valley Architectural Control Committee. 3.4 Changes After Approval by the Architectural Control Committee - If changes to an approved plan become necessary before or during construction, a request indicating the change or changes shall be submitted to the Architectural Control Committee. The review process for changes will be the same as that for initial plan approvals. The applicant will be F:\IiOME\PATP�DELTIC\ccp-control-gdlrts3 5 notified of the Committee's decision within five working days after the Committee meeting date. Minor changes may be approved by the chairperson of the Architectural Control Committee rather than a meeting of the full Committee. The Chairperson shall determine if a change is minor and shall notify the applicant of the approval or disapproval of the change within five working days after meeting with the applicant. FAHOMMPATMDFLTIGIccpca -gdW 6 4.0 ENFORCEMENT 4.1 Authority of the Architectural Control Committee - The Architectural Control Committee is authorized by the Developer - Deltic Timber Corporation to approve or disapprove all plans for new construction, alterations, landscaping, remodeling or additions in Chenal Valley. The Committee reserves the right to disapprove a plan for purely aesthetic reasons. 4.2 Enforcement Procedures - The design guidelines and covenants are administered to accommodate individual tastes and to encourage design flexibility. However, in the event of construction which, in the opinion of the Architectural Control Committee, abuses the standards or covenants, the Committee will recommend legal enforcement. The Architectural Control Committee shall have the right to enforce, by any legal means, all restrictions, conditions, reservations and requirements imposed by the provisions of these architectural guidelines. F: W OM E\PATPUDELTIGIaptowel-6dlns3 7 5.0 GENERAL REQUIREMENTS 5.1 Temporary Facilities - During construction, temporary offices, storage sheds, portable toilets, trailers, parking areas, access roads, fences, etc. may be located as inconspicuously as possible on the lots. Temporary construction facilities shall be removed promptly when they are no longer required. 5.2 Maintenance - Each owner, or lessee, contractor and/or occupant of a site shall maintain buildings, improvements, landscaping and grounds in a safe, clean, orderly condition, free of any accumulation of rubbish, trash or litter. Waste containers are required on all sites. 5.3 Erosion and Sedimentation Control - Prior to grading on any lot, the necessary sedimentation and erosion control measures shall be in place. Silt fence is required around all graded areas on the down slope side of the lot. Local sedimentation and erosion control codes shall be followed throughout the construction period. 5.4 Utilities - No permanent water, sewer, gas, electric, telephone, cable TV or other service line shall be constructed, placed or maintained within the Chenal Valley community unless it is placed in underground conduits or cables and buried or otherwise concealed. All gutters and downspouts must be connected to a sub -surface drainage system. No facilities for alternative sources of energy (solar, wind, bio -mass or other) or TV or other signal reception device (antenna, dish) shall be erected without the consent of the Architectural Control Committee. All utility construction must meet State and local codes. 5.5 Signs - The sign system for the entrance, amenity areas and streetscape in Chenal Valley has been carefully coordinated. The developers have designed a sign system that allows for safe, efficient movement throughout the community without intruding on the natural beauty of the site. Therefore, no signs may be erected on any lot, common area, or building without approval of the Architectural Control Committee. All commercial development must submit signage design for approval. This restriction includes project signs, lot number signs, real estate sales signs and builder/contractor identification signs. The individual buildings shall be identified by their owners or lessees with monument signs. Tenant logo may be used if approved by the Architectural Control Committee. (The signs are intended to be integrated into the street landscape.) Tenants of multiple -tenant buildings will be identified on interior building directories in the case of buildings with lobbies. Tenants of multiple -tenant buildings which do not have common entry lobbies are to be identified by wall mounted signs adjacent to doors. These signs will be of standard type, style, size and color, as determined by the Architectural Control Committee. F:ViOME\PATP\DELTIGNccp-control-gdlns3 8 'a L Directional signs Will be permitted on a case-by-case basis by the Architectural Control Committee. SignTvne 1. Monument 2. Wall Mount F3uildiil�t"1'N pg Individual Multiple -Tenant Building Sq. Fc. Under 5,000 Sq. Ft. Over 5,000 Under 5,000 Sq. Ft. Over 5,000 Sq. Ft. Sign Area (Includes all Sides) 50 Sq. Ft. 80 Sq. Ft. (1 Sided Only) 10 Sq. Ft. Inside Directory Required 5.6 Trash Collection - Dumpsters enclosures with operable gates will be required. Design is subject to the approval of the Architectural Control Committee. F:UHOME\PATMELT[Cccpco mnl-gdltu3 9 6.0 SPECIFIC LOT REQUIREMENTS 6.1 Clearing and Gradin -To preserve the natural beauty of Chenal Valley, excessive clearing and grading should not be performed on any lot. Deep cuts and excessive fill areas are discouraged. Debris from clearing and grubbing operations shall be removed promptly from the site. On-site burning in clearing and grubbing operations is prohibited. Grading should be accomplished in a manner which will prevent ponding or soil erosion on the site or on adjacent property. 6.2 Tree Preservation - To maintain the natural beauty of Chenal Valley, existing vegetation must be preserved as much as possible. No trees shall be removed or destroyed on any lot prior to approval of construction plans by the Architectural Control Committee. Trees which are preserved shall be protected to the greatest extent practical from damage during building construction. Barricades or fencing are strongly recommended to prevent root compaction. Placement of dirt stockpiles or construction materials under the tree canopy is discouraged. Trees which do become damaged during building construction should be treated as soon as possible. 6.3 Landscaping - In keeping with the Chenal Valley development goal to preserve the natural character of the area, all installed plant materials and other landscape elements should harmonize with the existing natural setting. Landscape plans should provide screening for parking areas, and other service area visible from the street or adjacent lots. All new trees shall be guaranteed by the contractor or landscape contractor to remain healthy for a period of 12 months from date of planning. A landscape plan must be submitted with the initial application for construction plan approval. An irrigation system will be required with all landscaping plans. Zoysia turf is required between buildings and frontage roads. Forty percent of trees shall be 3" minimum caliper and forty percent of shrubs shall be 24" in height at planting. A 6' wide planting strip is required around all buildings. Driveway entrances shall be planted with a minimum of 300 sq. ft. of beds with 30 sq. ft. of seasonal color included. The bed or beds must be located along the driveway where it connects to the access street. The beds may be integrated in with the adjacent beds. Plans shall exceed the requirements of the City of Little Rock Landscape Ordinance. 6.4 Exterior Accesso Ey Structures - All exterior structures such as dumpster enclosures, mechanical equipment screening' decks, arbors and lights must be approved by the Architectural Control Committee. For new construction, these structures must be shown on the applicant's construction plans. For additions or renovations, applications and plans shall be submitted to the Architectural Control Committee according to the same process used for new construction approval. 6.5 Parking Areas - Parking lots and service areas should be screened via landscaping, berms, or other approved methods from public view. Parking areas are encouraged to be designed as a series of small bays with landscaped islands separating them. FAHOMETATPOELTIC1­�I-gdlnO 10 L, Ground mounted mechanical equipment shall be contained in an exterior accessory structure constructed of the same materials as the buildings exterior surface, or as approved by the Architectural Control Committee. In general, fencing will be reviewed on a case-by-case basis and shall be allowed only where a specific functional or aesthetical purpose is achieved. Woven metal or chain link fencing is prohibited. FAHOMETATMDELTIOccp-runuol-Ora3 11 7.0 BUILDING REQUIREMENTS 7.1 Use Regulations - The Chenal Commercial Properties are established to accommodate office and associated administrative, retail, multi -family, executive and professional uses. No other uses will be allowed, Without specific approval from the Architectural Control - Committee. 7.2 Hei fit Regulations -No building shall exceed three stories in height unless approved by the Architectural Control Committee. An attic story included under a pitched roof would be counted as a story. 7.3 T e of Construction - The Standard Building Code classifies all buildings into six types of construction, based on fire resistance. Buildings may be of any of the classification types of construction allowed by the currently adopted edition ofthe Standard Building Code for the corresponding height, area and occupancy limits. 7.4 Basic Building Circulation - Elevators are required for handicapped access between floors. Elevators may be interior, may be glass backed with exterior exposure, or may be free standing. Building exit access maybe by enclosed interior corridors, or individual tenants may open directly onto exterior covered balconies connected to stairs. Stairs may be interior or exterior. Exterior stairs must be semi enclosed from grade to the first landing as a minimum. 7.5 Exterior Building Materials - Prefabricated metal buildings, simulated brick, unnatural brick and bright aluminum windows and doors will not be permitted unless specifically approved by the Architectural Control Committee. All building exteriors must use precast concrete, granite, natural stone, EIFS, or brick. Approved siding will be allowed on multi -family projects. Facades of cut stone are also permitted. Exposed foundation walls must be finished with approved materials. Exposed poured concrete or concrete block foundation walls are not permitted. 7.5.a. Glaziing - Aluminum, wood or steel glazing systems are permitted. Colored framings systems may be used if approved by the Architectural Control Committee. F:ViOME\PATMELTIQccp-c«urol-gd1ns3 12 Divided lite appearance, if used, must be achieved with true divided lite framing or grilles applied to both sides of the glass. 7.5.b. Balconies - Railings systems of rod iron, brick or metal are encouraged. Wood railing systems are discouraged. 7.5.e. Roofs - All buildings are encouraged to feature pitched roof elements. Because of the width of the buildings, the pitched roofs are not required to span the width ofthe buildings uninterrupted. Combinations oflow slope and pitched elements will be considered acceptable. Gabled, hipped, pyramidal and vaulted shapes are allowable. Copings, where used, are encouraged to be cast stone or precast concrete. All gutters and downspouts must be connected to a sub -surface drainage system. On low pitched roofs parapet walls will be required. Roofs should project far enough beyond the building facade to cast a shadow. Standing seam metal roofs are encouraged. Both natural weathering materials and prepainted metal roofing is permitted. Flat concrete tiles or clay tiles are permitted. Slate shingles are permitted. Dimensional or textured composition shingles with simulated slate appearance are the minimum standard for roof finishes. Examples of acceptable shingles include: 1. Certain Teed - Grand Manor Shingle 2. Eternit Roof Slates 3. Fibre Cern - Southern Slate or Euro Slate 4. Supradur - Supra Slate II, Heritage Slate 5. Genstar - Architect 80 7.6 Colors and Textures - In keeping with Chenal Valley's community image as a neighborhood of compatible architectural styles, materials and colors which blend harmoniously with the natural setting, obtrusive or inappropriate colors and textures which would draw attention to specific buildings or structures shall not be allowed. Information regarding colors and textures for all construction is required on the application submitted to the Architectural Control Committee. The Committee shall determine the appropriateness of colors and textures for all construction. 7.7 Mechanical Eauipmen -Heating, ventilating and air conditioning equipment located on the exterior of a building shall be shielded from view. Ground mounted equipment shall be contained in an Exterior Accessory Structure (See 6.4) constructed of the same materials as the building's exterior surface. Roof top mounted equipment shall be concealed in a roof well. Unscreened roof top package units on flat roofs will not be permitted. Perforated or open slat metal screening will not be permitted. No exterior roof access ladders or apparatus are permitted. FAH0ME\PATPUDELTIC=pc«itrol-gdIns3 13 7.8 Paving Materials 7.8.a. Street - Asphalt with concrete curbs and gutters. Concrete pavers (200 sq. ft. minimum) will be used at the aprons to building access drives. 7.8.b. Parking - Parking and driveway placement, design and paving material are subject to the approval of the Architectural Control Committee. Asphalt or concrete parking and drives with concrete curbs and gutters are required. 7.8.c. Walks - Pavers are encouraged to be used for walkways to buildings. Sidewalks should be set back from the curb at a minimum of 4' to allow for a green buffer for landscaping. F:\HOME\PATP\DELT[C\ccp-c�-gdlru3 14 8.0 EXTERIOR LIGHTING PLAN Parking lot lighting shall be required for all commercial development. Cobra type features will not be permitted. Round wooden poles are not allowed. Fixture height not to exceed 20"-0". Facades of the individual buildings may be illuminated, subject to the approval of the Architectural Control Committee. A common color of light is to be used throughout, and obtrusive lighting color or schemes which would draw attention to specific buildings or structures shall not be allowed. 8.1 Paving Materials - Parking and lighting levels - Lighting should be designed to be as even as possible. An average of 016 f.c. for commercial developments is suggested. Fixtures must not allow light to cast light on neighboring properties. 8.2 Landscape Lightin - Lighting for enhancing trees and ornamental plantings shall be designed with H.I.D. fixtures. Fixtures should be inconspicous and blend with architecture of building. 8.3 Sign Lighting - Lights should be low profile and only illuminate the sign. H.I.D. fixtures are recommended. 8.4 Bollards - Lights should compliment architecture of buildings. Coordinate light type with parking lighting. 9.0� Rahling Road Overlay- Attached hereto as page 16. F:UiOME\PATRDELTIG\ccp-c u-gclns3 15 WIMY-"L'--JaATMW a A990CMT= ITC. CML E RING, LAND PUNNING !c DEVELOPMENT, SURVEYING 401 VIC._ STREET LRTLE ROCK, ARKMSAS 72201 9.0 RAHLING ROAD OVERLAY 125' BLDG SETBACK W/ DOUBLE BAY OF PARKING in N Ln rn 95' BLDG SETBACK W/ SINGLE BAY OF PARKING 50' BLDG SETBACK W/ NO PARKING 0 X35' LANDSCAPE BUFFER RIGHT-OF-WAY LINE RAHLING ROAD BUILDING SETBACK LINES & LANDSCAPE BUFFER FOR RAHLING ROAD 16 NAME PLANNING COMMISSION REVIEW CENTRAL ARKANSAS WATER 07 March 2012 TYPEISSUE LOTS 1A & 16, THE SHOPPES PCD Z -3371 -MM AT COL. GLENN; NWC OF COL. GELNN PLAZA DR & COL GLENN RD COMMENTS All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. NAME CHENAL KANIS SLEF STORAGE; 15575 KANIS RD TYPE ISSUE COMMENTS PCD Z-8752 All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fa 3. NAME TYPE ISSUE COMMENTS VALLON PDR; PATIO HOMES / PDR Z-7131 -C THE EXISTING 8 -INCH WATER MAIN 16500 CHENAL VALLEY DR RUNNING TO 100 VALLON CT IS PRIVATE; CAW WILL HAVE TO EVALUATE THE USE OF THIS MAIN FOR THE DEVELOPMENT AS WELL AS POSSIBLY CONVERTING IT TO A PUBLIC MAIN. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. 4. NAME PHILLIPS SHORT FORM PDR; SEC RAYMOND SAVAGE DR (41ST ST) & LUDWIG ST. TYPE ISSUE PDR Z-8753 COMMENTS All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backf]ow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 4 NAME TYPE ISSUE COMMENTS 5. KINGRIDGE ENTERPRISES POD; POD Z -1870-A 2501 S. BROADWAY All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public andlDr private fire hydrant(s) will be required. If additional fire hydrants) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 5 91 NAME TYPE ISSUE COMMENTS PLEASANT TREE REVISED PD- PRD Z -6848-A Contact the Water Works regarding R; 1500 PICKERING DR extension of water service to this development. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) MAY be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RP7A, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. r:1 Q NAME TYPE ISSUE COMMENTS MULLIGAN PD -R; 3233 OZARK PRD Z-8750 NO OBJECTIONS. All Central Arkansas ST. Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. DALES TIRES; PID, 7919 COL. PID Z -6194-D All Central Arkansas Water requirements in GLENN RD. effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. NAME TYPE ISSUE COMMENTS 9. MOSAIC CHURCH OF CENTRAL PCD Z-8751 ARKANSAS; PCD, 6221 COL. GLENN RD All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public andlor private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be instailed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The fest results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 8 10. NAME TYPE ISSUE COMMENTS JAMES MORGAN SUBD, REV, PDR S -1607-C CAW DOESN'T HAVE A WATER MAIN IN PRELIM. PLAT; 10000 E. BARRETT ROAD; WATER COULD BARRETT RD POSSIBLE BE OBTAINED FROM MAUMELLE WATER CORP. A water main extension will be needed to provide water service to this property FROM HWY 10. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 9 EDWARD L. WRIGHT (190A-1077) ROBERT S. IANDSSY (IDIS. 1001) AI.S'I.ON JENNINGR (1017.200-1) OORDON S. RATHER. JR. JOHN R TISDALE JOHN WILLIAM SPIVEY III LEF J. MULDROW N.M. NORTON CHARLES T. COLEMAN EDWIN L, LOWTHER. JR. GREGORY T. JONES WALTER MCSPADDEN JOHN D. DAVIS JUDY SIMMONS I49NRY KIMBERLY WOOD TUCKER RAY P. COX, JR. TROY A. PRICE KATHRYN A. PRYOR J. MARK DAVIS JERRY J. SALLINOS WILLIAM STUART JACKSON MICHAEL D. BARNES STRPIIEN R. LANCASTER KYLE R. WILSON C, TAD BOHANNON J. CHARLES DOUGHERTY M. SEAN HATCH J. ANDREW VINES JUSTIN T. ALLEN MICHELLE M. RAFMMERLTNO SCOTT ANDREW IR'BY PATRICK D. WILSON WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE, SUITE 2300 LITTLE ROCK, ARKANSAS 72201-3699 (601) 371-0808 • FAX (601) 376-9442 NORTHWHST ARKANSAS 3338 PINNACLE HILLS PARKWAY, SUITE 610 ROGERS, ARKANSAS 12768.8960 (479) 986-0888 • FAX (479) 966-8932 WWw.wlj.com Writer'e Direct Dial No. 601-212-1810 jeplveyeDWl).aum Reply to Little Rack Office April 26, 2012 Tony Bozynski, Director Department of Neighborhoods and Planning City of Little Rock 723 W. Markham Little Rock, Arkansas 72201 RE: Vallon Long -Form PD -R (Z -7131-C) Dear Mr. Bozynski: DAVID P'GLOVER 11RGI NA A. YOUNG PAUL O MORRIS KDWARD RIAI. ARMSTRONG GARY D. MARTS, JR ERIC SERORR P. DF.LANNA PADILLA CA 1.EY R. VO JOHNATHAN D. HORTON KATHRYN M IRBY DAVID L. JONES WCARSON TUCKER JI. NF A. KIM ADRIENNE L. JUNG KRISTEN S. MOYERS IIHIN S. DROODON RICHARD BLAK1CLY GLASGOW DIANA HONOOGNONI SNYDER PATRICK M YOUNG BIANCA M. RUCKER ANTWAN D. PHILLIPS DAXTER D. DRENNON M1011AF], A. THOMPSON SETH R. ORWELL HAYDEN W. SIIUROAR COURTNEY C. RcLANTY OF C01114891 - RONALD A. MAY JOHN G. LILE ROORR A. GLASOOW AI.STON JENNINGS, JR, BRUCE R LINDSFY JAMES It. VAN DOVER CIIARLF.S S. BOHANNON We are attorneys for Deltic Timber Corporation ("Deltic"), the owner of real property which surrounds the 9.29 acres which is the subject of the above identified application for rezoning (the "Application"). Deltic was also the grantor under a Special Warranty Deed (the "Deed") dated as of September 15, 2006, and recorded in the real property records of Pulaski County, Arkansas and September 18, 2006, and appears of record as Instrument No. 2006-073765, A copy of this instrument has previously been delivered to your office, The grantee of the property described in the Deed was VEP, LLC, which is another entity that appears to be owned or controlled by the principals of The View at Emerald Pointe, LLC, the owner of the Property described in the Application. To the best of our knowledge and belief, some or all of the property described in the Deed is included in the property described in the Application (the "Property") and all of the Property is subject to the Bill of Assurance and the Declaration described hereinafter. We write to register our client's objection to the proposed rezoning and to inform you of concerns which bear upon the appropriateness of the proposed action as well as what could be the potential violation of the Bill of Assurance of the Chenal Valley Commercial Neighborhood and the Declaration of Covenants and Restrictions of Chenal Valley both of which limit the purposes and uses which may be made of the Property. 1107019-V1 April 26, 2012 Page 2 We call to your attention the final paragraph of the Deed which references both the Bill of Assurance recorded as Instrument No. 96-68199 on September 30, 1996, in the real property records of Pulaski County, Arkansas (the `Bill of Assurance") and the Declaration of Covenants and Restrictions of Chenal Valley recorded as Instrument No. 89-61706 in 1989 (the "Declaration"). The Deed makes clear that the grantee, VEP, LLC, the predecessor in interest to or an apparent affiliate of the current owner, The View at Emerald Point, LLC, acknowledges and takes ownership subject to all restrictions and obligations which are described in the Bill of Assurance and the Declaration, and all amendments and supplements thereto, and, further, grantee specifically acknowledges having received a copy of each such document prior to the delivery of the Deed. The Bill of Assurance for the Chenal Valley Commercial Neighborhood includes various provisions which relate to the use and development of property covered thereunder. In particular, we draw your attention to Section 2 entitled "Architectural Control." This section reads in pertinent part as follows: "No improvements shall be constructed or maintained upon any lot and no alteration or repainting to the interior of a structure shall be made and no landscaping performed unless approved by the Architectural Control Committee as provided for in the Covenants and Restrictions." Section 19 of the Bill of Assurance entitled "Division of Lot," provides that: For a period of thirty (30) years from the date hereof, no platted lot within the Chenal Valley Commercial Neighborhood shall be subdivided without the consent of [Uelticl by written instrument signed and acknowledged by [Deltic] and recorded in the office of the Circuit Clerk of Pulaski County, Arkansas. (Emphasis supplied.) Further on in Section 20 entitled "Right to Enforce" you will find the following language: The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns... Deltic, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain, an injunction, prohibitive or mandatory, to prevent the breach of or to 1167019-v1 April 26, 2012 Page 3 enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure by any owner or owners of any lot or lots in this addition to observe any of the restrictions herein. Architectural control in the Chenal Valley Commercial Neighborhood is vested in the Chenal Valley Architectural Control Committee (the "ACC") which administers and enforces, along with Deltic, the Bill of Assurance and Declaration pursuant to the design guidelines promulgated for that purpose. A copy of the Design Guidelines has previously been delivered to the City and you have reviewed these guidelines in connection with previous zoning matters involving properties located in the Chenal Valley Commercial Neighborhood. Among the various provisions of the Design Guidelines under the heading "7.0 Building Requirements," you will find the following express language: 7.1 Use Ite ttlationg — The Chenal Commercial Properties are established to accommodate office and associated administrative, retail, multifamily, executive and professional uses. No other uses will be allowed without specific a roval from the Architectural Control Committee. (Emphasis Supplied) We believe the language of the various provisions cited above demonstrates that the Property which is the subject of the Application is subject to the provisions of both the Bill of Assurance and the Declaration and review and approval by the ACC which administers the Design Guidelines for the Chenal Valley Commercial Neighborhood. Shortly after the filing of the subject Application, I visited with Ms. James of the City planning staff and brought to her attention the restrictive covenants which limit and govern the use of the real property which is the subject of the Application. At that time, I expressed to Ms. James Deltic's continuing concern and hope that the Applicant would work with Deltic and the Chenal Valley ACC on a "parallel track" to comply with the necessary restrictive covenants. To this end we have been in contact and communication with the Applicant throughout the several months since the original Application was filed with the City. We have consistently advised the Applicant that while Deltic would not consent to a further subdivision of the Property which is the subject of the pending Application, it would agree to a rea,sonable reconfiguration of the existing horizontal property regime subject to review and approval by the Chenal Valley ACC of all relevant materials and limon -0 April 26, 2012 Page 4 information necessary to complete the revisions to the existing plan of development. Regrettably, as of the date of this writing, the Applicant has made no application to the ACC nor has the ACC reviewed any related request including detailed building plans, specifications, information and proposed uses of the subject Property which are typically a part of a request for approval by the ACC. Therefore, Deltic is unable to advise the Planning Commission that the proposed development meets the requirements for development in the Chenal Valley Commercial Neighborhood. The Applicants' current position, as we understand it, is that they wish to treat their development as a "de facto" single family neighborhood such that plans and specifications will be submitted for an individual building on a case by case basis. The Applicant's justification for this approach is that this procedure is typical in single family neighborhoods which have otherwise been developed in the Chenal Valley Residential Neighborhood. On its face, this position is inconsistent with the treatment of the subject Property as a multifamily development and is inconsistent with the procedures which govern the Chenal Valley Commercial Neighborhood. The Planning Staffs minutes note that there are no "neighborhood associations" in the immediate area of the Subject Property. This is true because the Property is not located in a purely residential neighborhood. There are approximately 600 acres of real property located within the Chenal Valley Commercial Neighborhood. We can categorically represent to you that there are no other single family uses located within the Commercial Neighborhood and any proposed treatment of this property as a single family neighborhood would be entirely inconsistent with the overall plan contemplated by both the Bill of Assurance and the Declaration and as implemented through the Design Guidelines. The situation presented by the Application is not unique. In the past when similar applications involving approval by the ACC have been presented to the Planning Commission, the Planning Commission has deferred consideration of the Application until such time as the Applicant has made an appropriate application to the ACC and received either approval or comments for modification of its plans. In the present case, Deltic believes consideration by the Planning Commission of the current Application is at best premature. 1107019-0 April 26, 2012 Page 5 We would respectfully request that the Planning Commission refrain from any further consideration of the Application until such time as the Applicant is able to advise the Planning Commission that it has complied with the Design Guidelines and is able to advise the Planning Commission that the ACC has, in fact, approved the proposed plan. Respectfully submitted, WRIGHT, LINDSEY & JENNINGS LLP r�reys i.i yam Spivey Il for Deltic Tim or Corporation JWS:jIh ru 1 r Postage S Gj Certified Fee 1 d9tLr+ark �� M Return Receipt Fee 9 C] (Endofsement Required) 7G Restricted Delivery Fee �� O M (Endorsement Required) f ru Total Postage & Fees m � _ v PICKERING_AL.LWINE LLC C3 28 Germay Ct. C3 r- Little Rock, AR 72223 Er r- rr 7EL DORADO AR 71731 rl Postage S 001-7 65;. a Certified Fee mReturn Receipt Fee M O C3 Return Receipt Fee (Endorsement Required] Restricted Delivery Fee $0.40 r]�1 _k, M r3 (Endorsement Required) so 00 �� F �•� E3 &Fees I $4.44/ d Oa 031 a ru Total Postage /?.YiWt,V� ru m ru m — 0 C3 a DELTIC TIMBER CORP C3 P.O. Box 7200 N El Dorado, AR 71731 a- ru r rr ATRS Retirement Properties, LLC r 1400 West Third Little Rock, AR 72202 SEATTLE WA 98121 rq Postage Postage M m�r=1 a FLl Certified Fee mReturn Receipt Fee (Endorsement Required) C3 M M Restricted Delivery Fee C3 (Endorsement Required) 0 Total Postage & Fees ru I $4.44/ d FT E:3 C C3 ATRS Retirement Properties, LLC r 1400 West Third Little Rock, AR 72202 SEATTLE WA 98121 rq Postage $ • m�r=1 $ $ 5 _ 0017 Certified Fee rlJ � Pk M rn Return Receipt Fee (Endorsement Required) $4.44 0 O Restricted Delivery Fee (Entldrsement Required) $. E=1 I $4.44/ d 6 E:3 Total Postage & Fees $ C3 ru $ 03/ 14/2012 ru m — m ` EMERICHENAL LLC 3131 Elliott Ave./STE 500 Seattle, WA 98121 171 Ln 0 r` LITTLE ROCK AR, 72223 T -q Postage $ $ 5 _ 0017 Certified Fee � Pk M Return Receipt Fee (Endorsement Required) Is $4.40 ^' L�C�j�" C3 p Restricted Delivery Fee (Endorsement Required) I $4.44/ d r],�. J C3 Total Postage & Fees $ 03/ 14/2012 ru — m C3 CHENAL VALLEY APARTMENTS LP C/O Capstone Realty Advisor C3 C3 1423 Euclid Ave. STE 400 Cleveland, OH 44115