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Kwendeche@sbcglobal.net, kwendeche_@hotmail.com
Friday, June 13, 2008
Tony Bozynski
Department of Planning and Development
City of Little Rock
723 West Markham Street
Little Rock, AR 72201
re project: The Adaptive Re -Use of the James Mitchell School
Land Use Amendment LU -08-08-01
Mr. Bozynski,
As you might be aware, my client (Dr. George T. Blevins, Jr., Managing Member of the Mitchell
Elementary LLC) submitted a rezoning application for the Adaptive Re -use of the James
Mitchell School, on May 12, 2008 for a June 19, 2008 hearing before the Planning
Commission. Shortly after the submission of the application, we were requested by the
planning staff to also submit an application for a land use amendment for the same property.
I consulted with my client and indicated that the requested change from PI to MX would
actually enhance and best align with the future intended use of the property. There was also
no need to consult back with the Wright Avenue Neighborhood Association (WANA), as the
change from PI to MX would not impact the MOU agreement between WANA and the Mitchell
Elementary LLC.
We submitted the application for the land use amendment on May 15, 2008, including the
same legal description of the property as indicated on the rezoning application. A letter was
received on May 19, 2008 from your department acknowledging receipt of the application,
including the fact that the amendment would be heard at the same date / time as the rezoning
application. The letter also encouraged that we contact the South End Neighborhood
Developers Association and the South End Coalition, but not the Wright Avenue Neighborhood
Association (WANA) — the association whose boundaries include the James Mitchell School.
There was no indication on this letter about extending the land use amendment application
boundaries to other properties outside of the Mitchell School legal description.
We also did not see this oversight (not including WANA on this list to contact) as being
significant, as WANA was fully aware of the intended re -use of the property, as agreed upon in
a Memorandum of Understanding between Mitchell Elementary LLC and WANA.
That specific MOU was included in both applications.
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Letter to Tony Bozynski, Land Use Amendement LU08-08-01, June 13, 2008
Apparently, a few days later, a property owner enquired at your department and was handed
copies of our application and the supplemental land use amendment map. The property owner
contacted WANA and was correctly informed that the only property being considered was the
James Mitchell School property. WANA contacted me and I therein met with Eve Gieringer on
Friday, June 6, 2008 to enquire about this apparent mistake. I was then told that, in fact, the
City of Little Rock had arbitrarily added properties to our land use amendment application
without notice to my client, nor to the other neighborhood associations. As a follow-up to my
brief meeting with Ms. Gieringer and her subsequent fax, I have consulted with my client
and we find it unacceptable to place additional properties onto our application for a land use
amendment.
We recognize that the City of Little Rock has in other cases, supplemented land use
amendment applications with adjacent properties, however in this case; our objection is based
on the fact that the property owners and the neighborhood associations encompassing these
additional properties have not been properly notified or have had an opportunity to review the
intended supplement to our application. Furthermore, if we had taken the opportunity to notify
the two (2) organizations listed in the aforementioned letter, we would have not been providing
them with complete and truthful information. In fact, unless the property owner who enquired
about the POD application had not enquired, we (the applicant or their agent) would have been
unaware of the supplemental property until the day of the hearing.
Finally, I have reviewed the current write-up of the land use amendment analysis by staff and
notwithstanding the stated rationale; notices were not sent out to the South End Coalition or
the South End Neighborhood Developers by the author of this letter, nor my client as written
otherwise in the write-up. The overall presentation to the Planning Commissioners will
incorrectly imply that my client has agreed with the intended changes to the land use of the
properties being tagged onto the James Mitchell School property as if these properties have
been fully reviewed and accepted by my client, WANA, and the other effected neighborhood
associations.
We have indicated our objections to this action in the June 11th letter to Ms. Gieringer and
would request again that only the Mitchell School property (see June 19, 2008 application
and legal description), as initially submitted for a land use amendment be heard before the
Planning Commission.
Yours truly,
Kwendeche, AIA
Cc: Mitchell Elementary, LLC