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Home My WebLink Aboutnovember porperty owner letters with issuesTv: City of Little lock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 722011 Dear Gentlemen: November 25, 2009 T?,W parcel 45L02"7n00350C loc-ated iai Little Rock, Arkansas is in a residential location. If it currently sho-vi s Community Shopping it would not be a wish of mind for it to be a community shopping for shopping center development with one or more general rner6andise Stores. There is never a good time to put residents out of a,place to live for general business/commercial land use. No Commercial land use is something I would want for this residential location/area. Z,V3-,WOeCx0my"UYI; �y�'hoA01"q Commercial Jacklin Jackson i FR I DAY E LDREDGE Jay Taylor I Attorney Direct: (501) 370-1465 & C LARK LLh Fax: (501) 376-2147 E-mail: jtaylor@fridayfirm.com November 25, 2009 VIA REGULAR MAIL & E-MAIL Ms. Eve JorgPrsen Planner I City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201 400 West Capitol Avenue Suite 2000 Little Rock, Arkansas 72201-3522 www.FridayFirm.com Re: George and Terry Rothwell; LU09-02B, Transition to Suburban Office Dear Eve: As we have discussed, our firm represents the Rothwells, the owners of an approximately four (4) acre parcel on the south side of Cantrell Road directly west of the former David Claiborne store, just west of the intersection of Taylor Loop Road. As we discussed, our clients very strongly object to the change in the land use designation of their property from Transition to Suburban Office. As we discussed, our clients purchased their property with the intent of future development or future sale for commercial purposes. Virtually all of the surrounding property has a commercial use, and, in fact, I am aware that properties very close to our clients' property are actually reflected as commercial on the land use plan. Although some of the properties in the vicinity have been developed as planned developments, nevertheless these properties have a commercial character. Clearly, a commercial usage for our clients' property is the highest and best use of the property. To change the use of the property to any other designation would amount to a substantial taking in the value of the property. Please accept this correspondence as our clients' formal objection to the change in the land use designation of their property as proposed in your October 12, 2009 correspondence. Ms. Eve Jorgensen November 25, 2009 Page 2 If you have any questions or concerns, please do not hesitate to contact me at 370-1485. Sincerely, FRIDAY, ELDREDGE & CLARK, LLP 4�;2 ;�� &L--� Jay T. Taylor JTT/mlc CC: Ben Rothwell (via first class mail) FRIDAY ELDREDGE Jay Taylor I Attorney Direct: (501) 370-1485 C Ln K P Fax: (501) 376-2147 E-mail: jtaylor@fridayfirm.com November 30, 2009 VIA REGULAR MAIL & E-MAIL Ms. Eve Jorgensen Planner I City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201 Re: Edwina Kanis Atkinson Revocable Trust Dear Eve: 400 West Capitol Avenue Suite 2000 Little Rock, Arkansas 72201-3522 www.FridayFirm.com As we have discussed by phone on November 25, 2009, please accept this correspondence as our firm's client, the Edwina Kanis Atkinson Revocable Trust formal objection to the change in land use designation of our client's property from transition to suburban office. If you have any questions or concerns regarding this correspondence, please do not hesitate to contact me at 370-1485. Sincerely, FRIDAY, ELDREDGE & CLARK, LLP 9'i Jay T. Taylor JTT/mlc CC: Edwina Atkinson (via first class mail) FRIDAYE LDR E D y _�� Jay Taylor I Attorney 400 West Capitol Avenue O 4.i.l.JC1_rll J" I I'll Direct: (501) 370-146147 Suite 2000 rL�jlT. Fax: 501 376-2147 Little Rock, Arkansas 72201-3522 E-mail: jtaylor@fridayfirm.com I www.FridayFirm.com November 30, 2009 VIA REGULAR MAIL & E-MAIL Ms. Eve Jorgensen Planner I City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201 Re: Edwina Kanis Atkinson Revocable Trust Dear Eve: As we have discussed by phone on November 25, 2009, please accept this correspondence as our firm's client, the Edwina Kanis Atkinson Revocable Trust formal objection to the change in land use designation of our client's property from transition to suburban office. If you have any questions or concerns regarding this correspondence, please do not hesitate to contact me at 370-1485. Sincerely, FRIDAY, ELDREDGE & CLARK, LLP Jay T. Taylor JTT/mlc CC: Edwina Atkinson (via first class mail) FRIDAY ELDREDGE Jay Taylor IAttorney C LARK III' Direct: (501) 370.1485 Fax: (501) 378-2147 E-mail: jtaylor@fridayfirm.com November 25, 2009 VIA REGULAR MAIL & E-MAIL Ms. Eve Jorgensen Planner I City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201 400 West Capitol Avenue Suite 2000 Little Rock, Arkansas 72201-3522 www.FridayFirm.com Re: George and Terry Rothwell; LU09-02B, Transition to Suburban Office Dear Eve: As we have discussed, our firm represents the Rothwells, the owners of an approximately four (4) acre parcel on the south side of Cantrell Road directly west of the former David Claiborne store, just west of the intersection of Taylor Loop Road. As we discussed, our clients very strongly object to the change in the land use designation of their property from Transition to Suburban Office. As we discussed, our clients purchased their property with the intent of future development or future sale for commercial purposes. Virtually all of the surrounding property has a commercial use, and, in fact, I am aware that properties very close to our clients' property are actually reflected as commercial on the land use plan. Although some of the properties in the vicinity have been developed as planned developments, nevertheless these properties have a commercial character. Clearly, a commercial usage for our clients' property is the highest and best use of the property. To change the use of the property to any other designation would amount to a substantial taking in the value of the property. Please accept this correspondence as our clients' formal objection to the change in the land use designation of their property as proposed in your October 12, 2009 correspondence. Ms. Eve Jorgensen November 25, 2009 Page 2 If you have any questions or concerns, please do not hesitate to contact me at 370-1485. Sincerely, FRIDAY, ELDREDGE & CLARK, LLP 4:�;— 2 ;�� LD—� Jay T. Taylor JTT/mlc CC: Ben Rothwell (via first class mail) Jorgensen, Eve From: Jay T. Taylor [JTaylor@fridayfirm.com] Sent: Wednesday, November 25, 2009 2:19 PM To: Jorgensen, Eve Subject: RE: Atkinson Property Eve, As we discussed, our firm's client in this matter also objects to the proposed change to suburban office. Jay JAY T. TAYLOR I ATTORNEY JTaylor@fridayfirm.com I Direct: (501) 370-1485 1 Fax (501) 244-5325 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201-3522 1 www.FridayFirm.com WE ARE REQUIRED BY IRS RULES TO INFORM YOU THAT ANY TAX ADVICE CONTAINED IN OUR COMMUNICATION (INCLUDING ANY OF OUR ATTACHMENTS) IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY YOU OR ANY OTHER TAXPAYER (i) FOR THE PURPOSE OF AVOIDING ANY PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW OR (ii) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED HEREIN OR IN ANY SUCH ATTACHMENTS. This e-mail message or fax transmission and any attachment contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail, fax or any attachments to it. If you have received this e-mail or fax in error, please immediately notify us by return e-mail or by telephone at 501-370-1485 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Friday, Eldredge & Clark, LLP. Receipt of electronic mail or reply to electronic mail does not establish an attorney-client relationship between sender and recipient. This notice is automatically appended to each electronic message or electronic fax message leaving Friday, Eldredge & Clark, LLP. -----Original Message ----- From: Jorgensen, Eve[mailto:ejorgensen@littlerock.org] Sent: Wednesday, November 25, 2009 1:49 PM To: Jay T. Taylor Subject: Atkinson Property Jay, let me know if you have any other questions. Eve <<atki nson property. pdf>> Eve Jorgensen Planner 1 (501) 371-4483 Jorgensen, Eve From: Jay T. Taylor [JTaylor@fridayfirm.com] Sent: Wednesday, November 25, 2009 2:17 PM To: Jorgensen, Eve Subject: RE: rothwell property Eve, Thank you for your time and thank you for sending me this information. As I mentioned when we talked, our firm's clients, the Rothwells, strongly object to the proposed change to Suburban Office, and sincerely believe that a Commercial land use designation is the most logical and best use of their property and is consistent with the surrounding properties (Regions Bank, Bank of the Ozarks, Burger King, Walgreens, the former David Claiborne site, the shopping center behind Walgreens, the former Catfish City site, properties directly east of there on the north side of Cantrell, and numerous sites west of there both on the north and south sides of Cantrell). It is my understanding that the City will review this matter and inform affected owners around the first of the year whether the City proposes to proceed. Of course, if the City does proceed, our clients will want an opportunity to participate in the process. Again, thanks for your time, and Happy Thanksgiving to you. Jay JAY T. TAYLOR I ATTORNEY JTaylor@fridayfirm.com I Direct: (501) 370-1485 1 Fax (501) 244-5325 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201-3522 1 www.FridayFirm.com WE ARE REQUIRED BY IRS RULES TO INFORM YOU THAT ANY TAX ADVICE CONTAINED IN OUR COMMUNICATION (INCLUDING ANY OF OUR ATTACHMENTS) IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY YOU OR ANY OTHER TAXPAYER (i) FOR THE PURPOSE OF AVOIDING ANY PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW OR (ii) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED HEREIN OR IN ANY SUCH ATTACHMENTS. This e-mail message or fax transmission and any attachment contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail, fax or any attachments to it. If you have received this e-mail or fax in error, please immediately notify us by return e-mail or by telephone at 501-370-1485 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Friday, Eldredge & Clark, LLP. Receipt of electronic mail or reply to electronic mail does not establish an attorney-client relationship between sender and recipient. This notice is automatically appended to each electronic message or electronic fax message leaving Friday, Eldredge & Clark, LLP. -----Original Message ----- From: Jorgensen, Eve[mailto:ejorgensen@littlerock.org] Sent: Wednesday, November 25, 2009 1:37 PM To: Jay T. Taylor Subject: rothwell property <<rothwel I property. pdf>> Eve Jorgensen Planner 1 (501)371-4483 moor NENL_ Pr63C COMPANIES October 28, 2009 Mr. Tony Bozynski \ve Jorgensen Re: Change of Land Use Plan I want to express my desire to not change our property to "Suburban Office. We have two non -conforming use buildings on the property located On the Southwest Corner of Katillius and Highway 10. One is a welding Art studio and the back building is used to pour concrete yard art and Barn Art. The property directly north on Highway 10 is a Shell Service station and The property directly west of the station has food service and retail. To project some zoning to come 10 to 20 years in the future does not project what will be in play then. When the Wal-Mart Store was built it set the tone for future higher and best use properties and "Suburban Office" is certainly not one of those. I have had three break-ins in the back building since the residential property was built directly behind me. The last one damaged the doors on the building and resulted in my loss of a riding lawn mower. (Cost $4500.00) The planning department has resisted Commercial Zoning along Hwy. 10 For the last 25 years. Still the commercial zoning has continued west along the highway. A practical solution would be to acknowledge this and develop a cooperative attitude toward this type of development. It is going to happen and I just can not see why the planning department Continues. Why not for once recognize it and develop a cooperative attitude. Little Rock: 1501 North University, Suite 740 - Little Rock, Arkansas 72207 - phone: 501.666 9629 - fax: 501,666.3559 Hot Springs: 401 Section Line Road, Suite F - Hot Springs, AR 71913 - phone: 501.520 4000 - fax: 501,520,4111 www.pdccompanies.com I would like for once not have to battle your department and have some type of working agreement for the future, rather having to battle with the planning commission, and then go to the board where cooler heads prevail. To me this is just like the Republicans versus the Democrats. Kindest warmest Regards IQ� C ESTER D. PHILLIPS Chairman