HomeMy WebLinkAboutFriday letter Final Shackleford Road Land Use Classification Jan 27 2020January 28, 2020
City of Little Rock
Department of Planning and Development
Mr. Ozlem Polat, Planner
723 West Markham Street
Little Rock, Arkansas 72201-1334
RE: PROPOSED LAND USE CHANGE - CASE LU19-01 – OBJECTION TO LAND USE CHANGE
5800 BLK SHACKLEFORD ROAD PARCEL 44L1880002600
Dear Mr. Polat,
I am responding to your letter dated December 3, 2019 regarding a proposed change to the
City’s Future Land Use Plan for property that I own (parcel 44L1880002600) in the 5800 block
of Shackleford Road from Category STD to Category RM. I would like to thank you and Mr. Alex
Koenig for your prompt assistance in helping me to better understand this proposal.
As background, I would like to briefly describe the history of the parcel/property. It was
originally purchased by my grandfather Koch over 80 years ago as part of his total purchase of
a 40 acre plot. The 40 acre plot was subsequently divided on paper as part of the Kochs’ estate
plan in 1967 with an approximately equal parcel of the 40 acre plot going to each of Koch’s six
children (Attached). Independently of that, my father John Koch separately purchased a
contiguous parcel of .11 acre 44L1880001701 which I now own. The contiguous rear
properties to my parcel 44L1880002600 are now owned by my cousins Charles Wooley
44L1880002700, Johnny Miller 44L1880002800, James Koch 44L1880002500. Unaffected
contiguous parcels are currently owned by cousins Johnny Miller 44L1880002400, Robert
(Bobby) Koch 44L1880002300.
The intent of the Koch estate plan for this 40 acre plot of property was to provide financial
security for the surviving Koch family members, which brings us 80 years later to today. In
considering the proposed Future Land Use change by the City, I am responding from the
perspective of the highest and best use of the property. My cousins are in agreement.
I am respectfully strongly objecting to the reclassification of Koch family parcels from STD to
the more restrictive RM Land Use Code. I request that the Land Use Code (STD) for my two
parcels and the remaining 5 parcels (STD) of the 40 acres detailed above to be classified less
restrictive by changing them from Category STD to Category C-Commercial which will reflect
the broad range of retail and wholesale sales of products, professional services and general
business activities already in the area of Case LU19-01 and for the reasons outlined below:
Highest and Best Use:
Market Analysis and Valuation May 12, 2016
Tom Hamilton, PhD, MAI, CRE, FRICS
Gerald Fogelson Distinguished Chair in Real Estate
Roosevelt University, Chicago School of Real Estate Chicago, Illinois
for the
2016 Arkansas Day with Appraisers
Little Rock, Arkansas
THREE BASIC TESTS FOR HIGHEST AND BEST USE OF VACANT LAND
PARCEL 44L1880002600
THIS PARCEL IS LOCATED IN 65TH STREET WEST PLANNING DISTRICT.
TEST 1 - LEGALLY PERMISSIBLE –THE PROPOSED LAND USE CHANGE OF MY PARCEL FROM STD TO RM IS NOT
THE BEST USE OF THE PROPERTY SINCE RM IS BOTH OUT OF CHARACTER ON THE WEST SIDE ROAD FRONTAGE
OF 5800 BLK SHACKLEFORD RD WITH EXISTING AND FUTURE COMMERCIAL DEVELOPMENTS AND IS A MORE
RESTRICTED USE THAN THE CURRENT LAND USE CODE STD FOR THIS PARCEL, THUS LOWERING ITS
MARKETABILITY VALUE.
THE CURRENT DEMAND FOR COMMERCIAL PROPERTIES IN THIS CASE LU19-01 IS DEMONSTRATED BY
EXISTING, PROPOSED, AND APPROVED DEVELOPMENTS HAVING WEST SIDE ROAD FRONTAGE ON
SHACKLEFORD ROAD AND EAST OF THE TALLEY ROAD TO BRODIE LANE MIDLINE WHERE MY PARCEL
44L1880002600 IS SITUATED. MY PARCEL HAS APPROX 340 FEET OF SHACKLEFORD W. SIDE ROAD FRONTAGE.
THIS AREA IS OVERWHELMINGLY COMMERCIAL. NO OTHER RESIDENTIAL DEVELOPMENT EXISTS ALONG THE
WEST SIDE ROAD FRONTAGE OF SHACKLEFORD RD AND EAST OF THE MIDLINE. EXAMPLES –
TO THE NORTH OF MY PARCEL WEST SIDE SHACKLEFORD ROAD AND EAST OF THE MIDLINE-
THE DEVELOPMENT OF THE MIND HEALTH INSTITUTE LLC, A COMMERCIAL OPERATION, THE GROW LEARNING
CENTER LLC, A COMMERCIAL OPERATION, RECTOR PHILLIPS MORSE LLC, COMMERCIAL, FISER PROPERTIES,
LLC, COMMERCIAL, LITTLE ROCK SANITARY SEWER COMM - COMMERCIAL, IMPERIAL ENTERPRISE LLC,
COMMERCIAL, SHACKLEFORD WH LLC, COMMERCIAL, WHITLEY 1985 TRUST, COMMERCIAL, 10 CLEARWATER
HOLDINGS LLC, COMMERCIAL, HALBERT LEON ENTERPRISES, LLC, COMMERCIAL, TOLL CORPORATION -
COMMERCIAL, ROBERT E RICE – COMMERCIAL.
TO THE SOUTH OF MY PARCEL WEST SIDE SHACKLEFORD ROAD FRONTAGE AND EAST OF THE MIDLINE -
AN EXISTING COMMERCIAL BUSINESS - CONFETTI’S LLC, A COMMERCIAL PDC OF FORERUNNERS, LLC, AND ON
BOTH NORTHWEST AND NORTHEAST CORNERS OF SHACKLEFORD ROAD AT STAGECOACH ROAD
INTERSECTION IS HAROLD JOYNER – COMMERCIAL.
BY CHANGING MY PARCEL’S LAND USE TO A MORE RESTRICTIVE USE OF RM CATEGORY RESIDENTIAL MEDIUM
DENSITY WILL REDUCE THE VALUE OF MY PARCEL AS IT WILL BE INAPPROPRIATELY RESTRICTED TO
RESIDENTIAL HOUSING ONLY, WHEREAS THE CURRENT STD OR SERVICE TRADE DISTRICT LAND USE CODE
ALLOWS FOR A SELECTION OF OFFICE, WAREHOUSING, AND INDUSTRIAL PARK ACTIVITIES THAT PRIMARILY
SERVE OTHER OFFICE SERVICE OR INDUSTRIAL BUSINESSES, MANY OF WHICH ARE ALREADY THERE. THE
DISTRICT IS INTENDED TO ALLOW SUPPORT SERVICES TO EXISTING AND PROPOSED BUSINESSES AND TO
PROVIDE FOR USES WITH AN OFFICE COMPONENT.
ALSO, THE CITY OF LITTLE ROCK CASE LU19-01 CONTAINS THE CITY’S PROPOSAL TO CHANGE THE LAND USE
CODE OF THE MIND HEALTH INSTITUTE, LLC FROM SO TO LESS RESTRICTIVE LI AND THAT OF THE GROW
LEARNING CENTER, LLC FROM LI TO LESS RESTRICTIVE C, BOTH GOING IN A LESS RESTRICTIVE DIRECTION
THAN THEIR CURRENT CODES. CHANGING MY PARCEL FROM STD TO RM WOULD BE GOING IN THE OPPOSITE
AND MORE RESTRICTIVE DIRECTION THAN THAT OF THESE OTHER COMMERCIAL DEVELOPMENTS. THIS
WOULD RESULT IN IT NOT BEING LEGALLY PERMISSIBLE FOR ME TO DEVELOP IT FOR COMMERCIAL USE. THIS
WOULD CAUSE A FAILURE OF TEST 1 AND REDUCE THE VALUE OF MY PROPERTY.
TEST 2 – PHYSICALLY POSSIBLE – EXISTING CONDITIONS: PARCEL 44L1880002600
THE SITE IS WOODED AND UNDEVELOPED. MULTIPLE UNDEVELOPED STD PARCELS ARE ADJACENT TO THE
NORTH (PARCEL 44L1880002300) TO THE SOUTH (PARCEL 44L1880001701) TO THE REAR (PARCEL
44L1880002700) AND ALONG THE SOUTHERN BOUNDARY (PARCEL 44L1880002800). BEYOND ARE
COMMERCIAL, SUBURBAN OFFICE, AND LIGHT INDUSTRIAL USES ALREADY IN EFFECT PLUS PROPOSED AND
LESS RESTRICTIVE LAND USE CHANGES FROM SO TO LI (PARCEL 44L1440008900) AND LI TO C (PARCELS
44L1440006900 AND SIX PARCELS 44L1440700100, 200, 300, 400, 500, 600). THE PROPERTY ACROSS
SHACKLEFORD ROAD IS OWNED BY ANTIOCH CHURCH AND CONTAINS PORTIONS OF THE CHURCH
DEVELOPMENT. A TRACT OF UNDEVELOPED AND INTERSTATE 430 ARE LOCATED TO THE WEST.
MY PARCEL 44L1880002600 HAS 340 FT OF SHACKLEFORD WEST SIDE ROAD FRONTAGE, IS CONTIGUOUS TO
MY PARCEL 44L1880001701 CONTAINING APPROX 140 FEET OF SHACKLEFORD ROAD FRONTAGE FOR A TOTAL
OF 480 FT OF SHACKLEFORD ROAD FRONTAGE. IT IS LESS THAN 800 FT IN DISTANCE FROM SHACKLEFORD
ROAD INTERSECTION WITH STAGECOACH ROAD. THIS MAJOR INTERSECTION IS ALREADY ZONED
COMMERCIAL ON THE NW CORNER AND ON THE NE CORNER.
SHACKLEFORD ROAD IS CURRENTLY A MINOR ARTERIAL BUT IS TO BE IMPROVED AT 5 00 FT TO THE NORTH OF
MY PARCEL TO ARTERIAL STANDARDS COINCIDENTAL TO THE DEVELOPMENT OF THE MIND HEALTH INSTITUTE
LLC. THIS INSTITUTE WILL BE A 24/7 OPERATIONAL COMMERCIAL FACILITY WITH APPROXIMATELY 150
PARKING SPACES, IN/OUT PATIENT UNITS, MEDICAL OFFICES, AND A COMMERCIAL RESEARCH FACILITY. IT IS
CURRENTLY UNDER CONSTRUCTION AND IS BUILDING A NEW PRIVATE ROAD WITH CULDESAC REQUIRING ALL
VEHICLES ENTERING TO ALSO EXIT THE SAME ROAD, THEREBY DOUBLING THE TRAFFIC VOLUME. A NEW 88
VEHICLE PARKING LOT IS TO BE BUILT WITHIN 500 FT NORTH OF MY PARCEL.
THIS CREATES A 24/7 INGRESS/EGRESS OF EMPLOYEE/CLIENT TRAFFIC AND PARKING NOISE, DOORS
SLAMMING, AND PROVISIONAL DELIVERIES BY SUPPLY TRUCKS WITH MANDATORY BACK UP BEEPERS. THIS
CONSTANT FLOW OF TRAFFIC WILL CREATE INTRUSIVE NOISE 24/7. ARTIFICIAL EVENING LIGHT WILL CREATE A
RESIDENTIAL NUISANCE REFLECTION, EVEN WITH THE BEST DESIGN AVAILABLE, CAST FROM STREETLIGHTS,
PARKING LOT LIGHTS, AND COMMERCIAL BUILDING LIGHTING. NOISE AND LIGHT TRESPASS ARE
UNDESIRABLE EFFECTS FOR RESIDENTIAL HOUSING AND ARE ADDITIONAL REASONS WHY MY PARCEL, WHICH
SITS 500 FEET SOUTH OF THIS INSTITUTE, SHOULD NOT BE RECLASSIFIED FROM STD TO RM. TRAFFIC NOISE
AND ARTIFICIAL LIGHTS INTERFERE WITH A PERSON’S USE AND ENJOYMENT OF THEIR PROPERTY AND MAY BE
PREJUDICIAL TO THEIR HEALTH AND WILL REDUCE THE VALUE OF MY PROPERTY FOR RESIDENTIAL LAND USE.
TEST 3 – FINANCIALLY FEASIBLE – FINANCIAL FEASIBILITY OR PROFITABILITY FOR A COMMERCIAL USE IS
DEMONSTRATED BY THE MULTIPLE SUCCESSFUL COMMERCIAL BUSINESSES THAT HAVE OPERATED ALONG
THIS 5800 BLK SHACKLEFORD ROAD CORRIDOR FOR MANY YEARS NOW. IT IS FURTHER DEMONSTRATED BY
NEW BUSINESSES OPENING (MIND HEALTH INSTITUTE LLC) AND EXISTING BUSINESSES EXPANDING (GROW
LEARNING CENTER LLC). FINANCIAL FEASIBILITY ALSO TAKES INTO ACCOUNT VACANT LAND SALES, PAST AND
PROPOSED COMMERCIAL ZONING, DEMOGRAPHIC DATA, MARKET TRENDS, AND DEMAND AND SUPPLY IN
THE AREA. ALL SUPPORT THE CATEGORY C-COMMERCIAL LAND USE CODE FOR THE 5800 BLK SHACKLEFORD
ROAD WEST SIDE FRONTAGE.
AS SHACKLEFORD ROAD IS REBUILT INTO A MAJOR ARTERIAL, THE RESULTING INCREASED TRAFFIC FLOW AND
VOLUME WILL OPEN THIS AREA TO MORE CUSTOMER ACCESS AND MORE COMMERCIAL USES. THE VALUE OF
MY ROAD FRONTAGE WILL ALLOW ACCESS AND VISIBILITY INTO MY PARCELS AND PROVIDE THE HIGHEST
INCOME PRODUCING VALUE AS A COMMERCIAL DEVELOPMENT, RATHER THAN AS A DISSIMILAR RESIDENTIAL
DEVELOPMENT.
THE CONTIGUOUS PROXIMITY OF THE KOCH ESTATE’S ADDITIONAL 34+ ACRES OWNED BY MY COUSINS AS
SPECIFIED ON PAGE ONE, AND CURRENTLY ALL CLASSIFIED AS LAND USE CATEGORY STD, WILL BE OF MORE
VALUE REMAINING AS AN ASSEMBLED PROPERTY AND PROVIDING GREATER PLOTTAGE VALUE THAN IF SPLIT
INTO MORE RESTRICTED AND SEPARATE PARCELS AS RM. THE COMBINED SHACKLEFORD ROAD FRONTAGE OF
PARCELS 44L1880002300 BOBBY KOCH, PARCEL 44L1880002600 ANN KOCH (FRIDAY LIVING TRUST) AND
PARCEL 44L1880001701 ANN KOCH (FRIDAY LIVING TRUST) IS OVER 900 FEET. MY COUSINS ARE IN
AGREEMENT THAT THEY DO NOT WANT THE SIX PARCELS SEPARATED INTO DISSIMILAR AND MORE
RESTRICTIVE LAND USES, BUT WANT TO KEEP THE PLOTTAGE WHOLE AND WITH A CONSISTENT LAND USE
CODE OF STD OR LI OR C, WHICH MAINTAINS THE COMBINED VALUE OF THE WHOLE KOCH PLOT OVER
SEPARATED SMALLER PARCELS, SINCE THE ONES IN THE REAR HAVE NO ACCESS OR SHACKLEFORD ROAD
FRONTAGE, LEAVING THEM LANDLOCKED AND LESS VALUABLE. BY MAINTAINING THE KOCH 40 ACRE PLOT AS
AN INTACT PLOT, THE PROPERTIES IN THE REAR COULD HAVE SHACKLEFORD ACCESSIBILITY FROM THE FRONT
PARCELS.
EXAMPLES –
ON DECEMBER 20, 2020 THE HI LAND DEVELOPMENT LLC SOLD 24 .4 ACRES OF TIMBER LAND PARCEL
44L1883000200 CONTIGUOUS TO THE WATERS EDGE SUBDIVISION TO WI PROPERTIES FOR $484,800 OR
$19,836.00 PER ACRE FOR RESIDENTIAL DEVELOPMENT. ON JUNE 6, 2019 THE SAME BUYER WITHAM
PURCHASED THE 14 ACRE PARCEL 44L1440008900 OF TIMBER LAND WITH SHACKLEFORD ROAD FRONTAGE
FOR $930,000 OR $66,429 PER ACRE FOR USE AS A COMMERCIAL PROPERTY, THE MIND HEALTH INSTITUTE.
ON JUNE 6, 2019 THE 12.5 ACRE PARCEL 44L1430003500 CONTIGUOUS TO THE REAR OF PARCEL
44L1440008900 SOLD FOR $930,000 OR $74,400 PER ACRE TO BE COMBINED WITH THE FRONTAGE PARCEL
FOR THE COMMERCIAL USE OF THE MIND HEALTH INSTITUTE. THE PLOTTAGE OF THE COMBINED ACRES WAS
WORTH MORE THAN SEPARATE PARCELS IN PART BECAUSE THE SHACKLEFORD ROAD FRONTAGE PARCEL
ALLOWED ACCESS TO THE REAR PARCEL. BOTH PARCELS TOGETHER SOLD FOR $70,189.00 PER ACRE. THESE
RECENT SALES TO THE SAME BUYER ESTABLISH A CURRENT VALUE OF $19,836.00 PER ACRE FOR RESIDENTIAL
DEVELOPMENT, FAR LESS THAN THE $70,189 VALUE OF AN ACRE OF COMMERCIAL LAND HAVING ACCESS
FROM SHACKLEFORD WEST SIDE ROAD FRONTAGE.
THE TOTAL SHACKLEFORD ROAD FRONTAGE OF MIND HEALTH INSTITUTE PARCEL 44L1440008900 IS
APPROXIMATELY 45O FEET, MUCH LESS THAN THE COMBINED THREE KOCH PARCELS OF OVER 900 FEET
OF SHACKLEFORD ROAD FRONTAGE. THIS MAKES THE TOTAL PER ACRE PLOTTAGE OF THE INTACT 40
ACRE KOCH PLOT MUCH MORE VALUABLE AS COMMERCIAL LAND USE THAN THE RECENT SALE AT
$70,189.00 PER ACRE VALUE OF THE MIND HEALTH INSTITUTE, A COMMERCIAL DEVELOPMENT.
CONCLUSION: IT IS UNNECESSARY TO RECLASSIFY 26 ACRES OF PARTIAL KOCH 40 ACRE PLOT FOR THE 20
ACRES OF CHURCH PARCEL RM TO PI SINCE THE PROPOSED LAND USE PLAN LU 19-01 SHOWS PARCELS
44L1430003100 AND 44L1430002800 OF 36 ACRES OF PASTURE AND TIMBER LAND AS PROPOSED SO TO RM
WHICH IS CONTIGUOUS TO THE CHURCH PARCEL, WHILE THE PROPOSED KOCH PARCELS ARE NOT ADJACENT
TO THE CHURCH PARCEL AT ANY POINT. ALSO CONTIGUOUS TO THE WATERS EDGE SUBDIVISION IS ANOTHER
24.4 ACRES OF TIMBER LAND 44L1883000200 SOLD ON 122019 FOR RESIDENTIAL DEVELOPMENT. THESE
THREE PARCELS CONSTITUTE A MORE THAN ADEQUATE RELOCATION OF THE 20 ACRES OF RM TO PI LAND
FOR THE CHURCH DEVELOPMENT.
IF MORE RM LAND IS NEEDED WITHIN THE VICINITY, I FIND THAT IN REVIEWING THE ARCOUNTYDATA.COM
MAP [BETA], A 30.35 ACRE PARCEL 44L1880002900 OF UNDEVELOPED PASTURE (10.25 AC) AND TIMBER
(14.97) WITH A LONGER CONTIGUOUS WESTERN BOUNDARY WITH THE WATERS EDGE DEVELOPMENT THAN
OUR 26 ACRE KOCH PARCELS HAVE. THIS UNDEVELOPED 30.35 ACRE PARCEL CAN EQUALLY OR BETTER
SATISFY THE CITY’S PROPOSAL TO RELOCATE THE 20 ACRES OF RM LAND USE CLASSIFICATION WITHIN THE
VICINITY OF THE CHURCH. THIS PARCEL HAS ONLY AN ACCESS DRIVE OFF OF STAGECOACH ROAD, AND
UNLIKE THE KOCH PARCELS CONTAINING OVER 900 FT OF SHACKLEFORD ROAD FRONTAGE, IT HAS NO ROAD
FRONTAGE AT ALL MAKING IT LESS SUITABLE FOR COMMERCIAL LAND USES.
ON MARCH 17, 1998, THEN MAYOR JIM DAILEY ALONG WITH THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS ORDAINED AND APPROVED ORDINANCE 17,691 WHICH AMENDED THE LAND USE
PLAN 16,222 AND IN SECTION 2 CHANGED THE WEST SIDE OF SHACKLEFORD ROAD NORTH OF STAGECOACH
ROAD FROM “PARKS/OPEN SPACE/ MULTI FAMILY, SINGLE FAMILY” TO “SERVICE TRADES” ON THE LAND USE
PLAN. THIS IS THE EXACT LOCATION OF THE KOCH PARCELS. STD IS THE CORRECT LAND USE CODE AND
SHOULD, AT A MINIMUM, REMAIN AS SUCH. RECLASSIFYING AT THIS PRESENT DATE BACK TO A RESIDENTIAL
LAND USE CODE WOULD BE REGRESSIVE AND OUT OF CHARACTER FOR THE COMMERCIAL DEVELOPMENT
THAT HAS BEEN APPROVED BY THE CITY IN THE LAST TEN PLUS YEARS FOR THIS SECTION WEST OF
SHACKLEFORD AND NORTH OF STAGECOACH AND EAST OF THE MIDLINE. SINCE THE ACTUAL LAND USE IN
THIS LOCATION HAS BEEN DEVELOPED TO A MAJORITY COMMERCIAL LAND USE, IT IS APPROPRIATE TO ALSO
CHANGE THE ENTIRE KOCH 40 ACRE PLOT TO A COMMERCIAL – C FUTURE LAND USE CODE.
IN CLOSING, I WOULD LIKE TO AGAIN COMMEND MR POLAT AND MR KOENIG FOR THEIR PROFESSIONAL
ASSISTANCE IN RESPONDING TO MY INFORMATION REQUESTS. SINCE I LIVE OUT OF STATE, I WOULD LIKE
THIS ENTIRE LETTER READ INTO THE RECORD FOR CASE LU19-01.
THANK YOU FOR YOUR TIME AND CAREFUL CONSIDERATION OF MY RESPONSE IN OBJECTION TO THIS LAND
USE PROPOSAL RECLASSIFICATION FOR MY PARCEL 44L1880002600 FROM STD TO RM AND MY OBJECTION TO
DISASSEMBLING THE ENTIRE 40 ACRE KOCH PLOT.
I AM AUTHORIZING MY DAUGHTER SHELLEY SMITH TO ATTEND AND SPEAK AT ANY AND ALL PUBLIC
MEETINGS AND COMMISSION REVIEWS IN THIS MATTER ON MY BEHALF. IF I NEED TO PROVIDE FURTHER
DOCUMENTATION OF HER AUTHORITY TO REPRESENT ME, PLEASE LET ME KNOW.
SINCERELY,
ANN KOCH FRIDAY - TRUSTEE
FRIDAY LIVING TRUST
3398 BAR CIRCLE A ROAD
PRESCOTT AZ 86301
928-515-1820
ANNFRIDAY@CABLEONE.NET
CC:
SHELLEY SMITH
PO BOX 251412
LITTLE ROCK, AR 72225
501-590-4267
CONTACT@DOGSONLY.ORG
HARRILL & SUTTER PLLC
ATTACHMENT: MAP KOCH FAMILY PLOT