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Home My WebLink Aboutletter from Stephens about rezoning caseSAM HILBURN KEN F. CALHOON ERNEST H. HARPER, JR. JOHN E. PRUNISKI, III JOHN C. CALHOUN, JR. DAVID M. FUQUA ROBERT L RODDEY JAMES M. MCHANEY, JR. PHIL CAMPBELL JAMES MAURICE ROGERS PAULA JAMELL STOREYGARD CARROLD E. RAY SCOTT E. DANIEL DORCY KYLE CORRIN GREG STEPHENS JAMES D. LAWSON GRAHAM F. SLOAN BOB R. BROOKS, JR. BARBARA BLACK MEYER MARK K. HALTER OF COUNSEL ED BETHUNE HILBURN, CALHOON, HARPER, PRUNISKI & CALHOUN, LTD. ATTORNEYS AT LAW EIGHTH FLOOR—THE TWIN CITY BANK BUILDING f ONE RIVERFRONT PLACE r POST OFFICE BOX 5551 j NORTH LITTLE ROCK, ARKANSAS 72119 (501) 372-0110 May 9, 1989 Mr. Tony Bozynsky Little Rock Planning Commission 723 West Markham Little Rock, AR 72201 .f TELEX: 783078 ARKLAW TELECOPI ER: 501-372-2029 E. DEMATT HENDERSON COUNSEL JAMES M. McHANEY COUNSEL Re: Rezoning of 6902 Brodie Lane owned by ABC Building Products, Inc. Dear Tony: We currently have a rezoning hearing set for May 30, 1989, at 1:00 p.m. for the above -referenced property. We would request that this rezoning hearing be continued to the July 11, 1989, hearing. Please confirm that this has been reset so that I may make the appropriate notation on my calendar. KGS/jfp SAM HILBURN KEN F. CALHOON ERNEST H. HARPER, JR. JOHN E. PRUNISKI, III JOHN C. CALHOUN, JR. DAVID M FUQUA ROBERT L. RODDEY JAMES M. McHANEY, JR. PHIL CAMPBELL JAMES MAURICE ROGERS PAULA JAMELL STOREYGARD CARROLD E. RAY SCOTT E. DANIEL DORCY KYLE CORBIN GREG STEPHENS JAMES D. LAWSON GRAHAM F. SLOAN BOB R. BROOKS, JR. BARBARA BLACK MEYER MARK K. HALTER OF COUNSEL ED BETHUNE HILBURN, CALHOON, HARPER, PRUNISKI & CALHOUN, LTD. ATTORNEYS AT LAW EIGHTH FLOOR—THE TWIN CITY BANK BUILDING ONE RIVERFRONT PLACE POST OFFICE BOX 5551 NORTH LITTLE ROCK, ARKANSAS 72119 TELEX: 783078 ARKLAW (501) 372-0110 TELECOPIER: 501-372-2029 Mr. Kenny Scott Zoning Office City of Little Rock 723 West Markham Little Rock, AR 72201 E. DEMATT HENDERSON COUNSEL May 30, 1989 JAMES M. McHANEY COUNSEL Mr. Tony Bozynsky Little Rock Planning Commission 723 West Markham Little Rock, AR 72201 Re: Zoning Case File No. Z-5186, Rezoning of 6902 Brodie Lane owned by ABC Building Products, Inc. Dear Gentlemen: Please allow this letter to constitute the official withdrawal by ABC Building Products, Inc., of its request for rezoning of 6902 Brodie Lane. Therefore, Zoning Case File No. Z-5186 should be closed, and our request for rezoning should be shown as withdrawn since we have sold the property to a purchaser who does not wish to have the property rezoned. We will continue to use, the property consistent with its historic nonconforming use as a industrial concrete block manufacturing plant. Si9cf-rely, Greg KGS/jfp JUN 5 1989 ' Office of Comprehensive Planning Dear Mr. Stephens: 723 West Mnrkham Little Rock, Arkansas 72201 371-4790 Re: Case No. ?- 5186 Location: This is to advise you that in connection with your application for a change in zoning from R-� District to I-3 District, the following action was taken by the Planninq Commission at its meeting on May 30, 1984 (a) Recommended approval as applied for. (b) Denied your request as subiiitted. (c) X Deferred to July 11th Meeting (d) Recommended approval of amedded request to An ordinance affecting this rezoning XXXX (will not) be submitted to the Board of Directors for its consideration at its meetinq Sincerely, Tony Boynski, 2 ning dmn. Office Coeliensive Planning TB/nm sl;�Olel APPLICATION FOR REZONING ZONING CASE FILE NO. Z-_x5le& PLANNING COMMISSION MEETING DOCKETED FOR May 30, 1989, at LOQ Q P.M. Application is hereby made to the Little Rock Board of Directors through the Planning Commission pursuant to the provisions of Chapter 43 of the Code of Ordinances which was adopted in accor- dance with the requirements of Act 186 of 1957 Acts of Arkansas petitioning to rezone the following described area: Part of the El/2 SE1/4, Section 28, T --1--N, R --13-W, Pulaski County, Arkansas, commencing at the SE corner of the NE1/4 SE1/4 of said Section 28; thence North 87° 30' West, 111 feet to a point; thence North 440 35' West, 253 feet to the Point of Beginning; thence North 01° 45' East, 58 feet; thence North 87° 30' West, 1,023.8 feet; thence South 231 feet; thence South 870 16' 30" east, 937.8 feet; thence North 250 56' east, 192.4 feet to the Point of Beginning. (�-r-tt!�, t 15>V -0 ->IF- � Title to this property is vested in: ABC Building Products, Inc. The subject property is not currently covered by a Bill of Assurance. County Recorder Instrument No. WA It is desired that the boundaries shown on the District Map be amended and that this area be reclassified from the present Resi- dential (R2) District to Industrial (I3) District. Present use of the property: Industrial/Concrete Block Manufacturin . Proposed use of property: Industrial/Concrete Block Manufacturing._ CUFFMAN AND CUFFMAN ATTORNEYS AT LAW SUITE 2124 FIRST COMMERCIAL BUILDING 400 WEST CAPITAL AVENUE LITTLE ROCK, ARKANSAS 72201 PHILLIP P. CUFFMAN STEPHEN K. CUFFMAN July 10, 1989 TELEPHONE (501) 374-5700 Ms. Martha Miller Chairman Little Rock Planning Commission 723 W. Markham Street Little Rock, AR 72201 Re: Zoning request filed by the estate of C. E. McIntosh and Max McIntosh; File No. Z-5119 Dear Ms. Miller: Z represent Newoods, Inc. and its shareholder, Dr. Gary Woods. Newoods, Inc, recently purchased substantially all of the assets of ABC Building Products, Inc., a concrete block manufacturing plant located at 6902 Brodie Lane, Little Rock, Arkansas. Dr. Woods, in his individual capacity, purchased the real estate upon which the manufacturing plant is situated. My purpose in writing is to express to you, and the other members of the Little Rock Planning Commission, my client's opposition to a proposed rezoning of a parcel of real estate which ,,'s, located adjacent to the ABC Building Products manufacturing plant. That property is owned by the estate of C. E. McIntosh and is being leased by a company named Parts is Parts. The McIntosh estate has requested that the subject property berezoned from its current non --conforming use status to an industrial status. It is my understanding that the Planning Commission Staff has recommended.. approval of the rezoning request, The Staff's recommendation is apparently based upon a finding that the rezoning request is 'Ronsistent with certain long-range planning recently adopted by the -City. It is also my understanding that the City's decision to adopt the long-range plan was greatly influenced by the fact that property owned by my client is currently being used for industrial purposes pursuant to a non -conforming use classification. I am aware of legal, precedents which limit the discretion of the Commission to deny a rezoning request which generally complies with the City's established zoning policies. Should the Commission determine that its discretion in this matter is limited for that reason, I would respectfully urge the 'Commission to defer the McIntosh rezoning request and reconsider the long-range plan for this area for the reasons set forth below. The Commission should be aware that the previous owners of ABC Building Products, Inc. filed a similar request for permanent Y (:UFFMAN LINO CUFFMAN Ms. Miller July 10, 1989 Page Two industrial zoning classification. After ac ABC Building Products, Inc.? acquiring the property from rezoning BureDr. Woods immediately withdrew this quest. Also I am authorized to state on behalf of Dr. Woods that it is his intention to relocate his concrete block manufacturing operation to a more suitable location within six to ten years. Thereafter, it is his intention to use the existing plant site for commercial Purposes which are more compatible with the residential nature of the: neighborhood. Obviously, Dr. Woods has a sincere personal interest in preserving the residential nature of this area and I would like to summarize for the Commission his Position in this regard. The area under consideration is a well established residential neighborhood that has seen no new industrial construction in the last ten to fifteen years. Most of the homes in this area are quality and at least two of good of the homes have unique historical significance. The Stagecoach House, located directly across Stagecoach Road from the area proposed to be rezoned, is owned by Dr. Woods and his wife, Nancy Newell. They have spent approximately $340,000.00 restoring their home to its appearance at the time it was constructed in the 1830s. This home is the oldest privately owned residence in Arkansas and was one of the first residences in the country to be placed on the National Register of Historic Places. The Stagecoach•.41ouse is architecturally unique, having been designed by the same architect who designed the Old Statehouse on Markham Street in Little Rock. The Stagecoach House was also occupied by Union troops during the civil War and used as its headquarters. David 0. Dodd, the young Confederate, hero of the Civil War, was captured and detained near the house. The :Arkansas Historic Preservation society recently donated the tombstone; of David o. Dodd to a group headed by Dr. Woods on the condition that a memorial be erected in honor of Mr. Dodd at the site of his capture. Nearby, a plaque commerates the last stand b Confederate soldiers, on September 11, 3.863, after the fall of the City of Little Rock. This area was also the route of the "Old Southwest Trail", which was the path traveled by those who settled Texas and many other areas in the Southwest. The Castle House is also located in the same area on Stagecoach Road. This house is totally unique architecturally and has been used on many occasions as the site for fund-raising activities on behalf of the Arkansas Opera Theatre and other community projects. The owner of the Castle House, Mr. John Rognrud, has approximately $2,50Q,D00.❑0 expended landscape. restoring this home and its surrounding CUFFMAN AND CUFFMAN Ms. Miller July 10, 1989 Page Three In summary, this area of our city has a well established residential nature which has not been disturbed by new industrial construction for nearly fifteen years. The Stagecoach House and the Castle House are indisputably significant structures, both architecturally and as historical symbols of our city and state. Existing and proposed memorials commerating the importance of the area as part of our State's Civil War history should also be taken into consideration. It is my client's position that the matters set forth in this letter argue persuasively against further industrial development in this section of our city. I therefore urge the Commission to defer the McIntosh rezoning request, if necessary, and to re-evaluate the suitability of this area for industrial development in light of its historical significance and established residential nature. If you need any additional information concerning the matters set forth in this letter, please do not hesitate to contact me. Thank you very much for your consideration. Irr -. SKC/law cc: Commission Members Dr. Gary Woods Sincerely S uffman 7-((-81 July 11, 1989 Item No. E - Z-5186 Owner: ABC Building Products, Inc. Applicant: Greg -Stephens Location: 6902 Brodie Lane Request: Rezone from "R-2" to "1-3" Purpose: Concrete block manufacturing Size: 5.25 acres Existing Use: Concrete block manufacturing (non- conforming) SURROUNDING LAND USE AND ZONING: North - Vacant, zoned "R-2" South - Single family and vacant, zoned "R-2" East - Single family, zoned "R-2" West - Vacant, zoned "R-2" NOTE: THE APPLICANT HAS REQUESTED THAT THE ITEM BE DEFERRED TO THE JULY 11, 1989 MEETING. THE PLANNING OFFICE RECEIVED THE LETTER ON MAY 10, 1989. PLANNING COMMISSION ACTION: (May 30, 1989) Staff reminded the Commission of the deferral request and the item was placed on the consent agenda. A motion was made to defer the rezoning to the July 11, 1989 meeting. The motion was approved by a vote of 9 ayes, 0 nays, and 2 absent. UPDATE: The applicant has requested that the item be withdrawn from consideration. July 11, 1989 ItemNo. E - Z-5186 (Continued) PLANNING COMMISSION ACTION: _..._._._..........Ww_._..._...__..__ _,.,._._... ,.__......._... .(July 1 1, 1 9 8 9) Staff.reminded the Commission of the withdrawal request and the item was placed on the consent agenda. A.motion was made to withdraw the rezoning as requested. The motion passed by a vote of 6 ayes, 0 nays and 5 absent. "I" City of Little Nock Office of. city Hall Comprehensive Markham at Broadway Planning Little Rock, Arkansas 72201 371-4790 Dear 1� Re: Case No. Z-r-�2— Location: This is to advise you that in connection with our application for a change in zoning from District to T --:F::,_ District, the following action was taken by h Planning Commission at its meeting (a) _____ Recommended approval as applied for. (b) — Denied your request as submitted. (c) Deferred to (d) Recommended approval of amended request to E&WINS ■ ■ An ordinance affecting this rezoning will (will not) be submitted to the Board of Directors for its consideration at its meeting Sincerely, office f Com r hen Planning ORDINANCE 15,744 AN ORDINANCE AMENDING THE 65TH STREET WEST LAND USE PLAN FROM LIGHT INDUSTRIAL TO SINGLE FAMILY AND COMMERCIAL IN AN AREA AROUND BRODIE LANE AND STAGECOACH ROAD WHEREAS, the property owners and surrounding property owners desire a land use plan amendment; and WHEREAS, the Little Rock Planning Commission recommends a lower land use designation than is currently shown on the land use plan; and WHEREAS, the Little Rock Planning Staff recommends the Plan be amended to show Single Family and Commercial rather than Industrial. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That property commonly known as the "Block Plant" west of Stagecoach and south and west of Brodie Lane be changed from Industrial to Residential on the 65th Street West Land Use Plan. SECTION 2. That the property located at the intersection of Brodie Lane and Stagecoach Road on the 65th Street West Land Use Plan be changed from Industrial to Neighborhood Commercial. PASSED: September 19, 1989 ATTEST: APPRO ED: F . ..... ------ A-u4� _.-._ Asst. Citv Clerk Robbie Hancock Vice Mayor Sharon Priest o � 39 19- i �x\ T23 3 .......... `- IX CHANGE TO. SINGLE FAMILY COMMERCIAL ` 65th STREET WEST LAND USE PLAN AMENDMENT 1*0 R TH