HomeMy WebLinkAboutZ-9500-A&B Spann-Tolson-Morris Opposition 051921May 16, 2021
Re: Goodwin Manor application, Z-9500-A
Dear commission,
We submit this letter to certify our opposition of the proposed rezoning/variance of 3708
Garrison Road (Goodwin Manor) relative to notice we received (Z-9500-A/B). Additionally, we
support the zoning board and city council’s decisions to disapprove Goodwin’s zoning
application.
Our homes adjoin the Goodwin property. We have firsthand knowledge of their operations and
its impact to the local community over the lifetime of its “for profit” operation. The notion that
the “venue” has infrequent and modest events is absolutely not factual. Rather, they host large-
gathering events routinely: bridal pictures, group events, weddings, concerts, etc. 1 Make no
mistake, “Goodwin Manor” has for years existed as a fully commercialized process and
continues to advertise and operate as such (despite city and legal restrictions to such). Granting
commercial zoning or a variance will definitively alter the essential characteristics of the
residential locality surrounding the venue.
We believe several key items justify voting against a rezoning or a variance to zoning.
1. Noise
The venue exists in a community surrounded by single family homes. These party events
are typically outdoors with no barriers to sound. Goodwin Manor puts us within earshot
of blaring music, yelling, vehicles, etc. This behavior not only regularly disrupts our lives
but brings havoc to the surrounding animals and wildlife.
2. Venue
a. ATTENDANCE
We understand the application notes a limit of “200” per event. It seems unlikely
this will be complied with or easily regulated. In fact, the venue itself recently
advertised at a capacity of “250” per event.2 The possible additional structures
would increase capacity beyond even those numbers. The commission must also
recognize the venue may host multiple events per day. Thus, raising the daily
hosted numbers in excess of 400. Not to mention the ancillary vendors and
support staff required for such events.
1 We hold reasonable belief that “charity” events held are to the financial benefit of Goodwin and any reference to
such in the application is not meaningful.
2 https://www.arkansasbride.com/vendor/106/goodwin-manor
b. CREATING A PUBLIC THREAT
The venue hosts weddings and, naturally, alcohol is part of the process.
Assuming Goodwin Manor is even properly credentialed to serve, there is no
public transport in the area nor are taxi’s readily available. A strong potential for
drunk driving therefore exists. This becomes even more of a public safety threat
when you combine this reckless behavior with the type of unlit, narrow, winding
roads we have in the area and the Pulaski Sheriff has finite number of officers
assigned to our district.
If you will review their events held during the pandemic, one easily notices that
the venue did not hold to ADH restrictions. Despite good faith allowance by the
ADH per Goodwin’s own requests and attestations to do so.
c. LOCATION
There are several items on the application and submitted maps that incorrectly
identify the region. Goodwin is not isolated. Rather it sits directly in the middle
of multiple developments.3 The property then egress’ via easements abutting
multiple homes. Attached is a map demonstrating existing and potential home
sites relative to the venue.
First, the applicants note the area of “5 acres” when, in fact, a modest estimate
of the proposed area is closer to a 7-acre usage area or more.
Second, a number of years ago the “venue” successfully modified maps to reflect
their private drive as “Garrison Road” in order to better market the venue. This
dramatically affected another our separate, private from Kanis Road. The act
continues to create confusion and traffic hazards to EMS and the public.
Third, additional homes and future home sites currently share Goodwin’s
Garrison road entrance and are part of Goodwin Estates. These are not reflected
accurately on the plan maps submitted for approval.
3. Property value
To date, homes/land have failed to sale as a direct result of being near Goodwin Manor
and a strong potential exists for legal action against any neighbor if they fail to disclose a
commercial venue in proximity. We understand that urban expansion exists. However, a
development is categorically different than changing a home, within a designated
3 Goodwin Estates, Tolson Estates, Reynolds Mountain
residential area, to an entertainment venue. Many of our homes were built over twenty
years ago and were designed with restrictions and covenants against commercial
activities (including Goodwin’s own development plan and recorded restrictions against
commercial acts). Resale of homes prove difficult when buyers account for the type of
activity Goodwin brings. Thereby, dramatically reducing the value of property and our
ability to sell.
4. Public Safety
a. EMERGENCY
If you examine the ingress/egress of the home, you will quickly note the drive is
approximately 20 feet with a near 180-degree switchback. This intended to
service only a few homes and, as such, does not accommodate regular two-way
traffic. No road signs exist noting Goodwin entrance. The drive has no street
signs. Maps are improperly labeled. There are no streetlights. The drive is narrow
with no shoulder. Other homes share the driveway. In fact, multiple customers
exiting the venue have been involved in accidents along the private drives.
These conditions present an exceptional burden to law enforcement and
emergency personnel servicing the area. The county, already stretched for
resources, is not prepared for a major adverse event (one that, given time and
the type of events, is likely to occur). The Goodwin’s regularly position large
buses at nearby businesses as they cannot readily traverse the driveway. If these
cannot easily access the venue, then one strongly question if firetrucks/EMS can
do so also.
Keep in mind also that the Ferndale area is under regular burn bans. Candles,
fireworks, and other incendiary devices are common at weddings and present a
potential catastrophic risk to not only the home but the surrounding area.
Additionally, Goodwin’s single-family home lacks adequate fire prevention and
safety mechanisms. Our volunteer fire department is ill-equipped to handle an
emergency of this magnitude -- given the lack of available personnel and fire
hydrants. The recent fires in the West give us a prime example of the type of
risks present.
b. TRAFFIC
As noted above, the single lane drive is inadequate for emergency personnel and
personal egress of homes sharing the drive nor does Goodwin regulate traffic.
We must recognize the type of traffic that frequents this venue. Their patronage
includes constant automobile and truck and trailer traffic on public roads and
private, single lane neighborhood streets. The venue routinely has “shuttles”
positioned at nearby businesses. These streets are not able to handle the type or
amount of traffic generated. In fact, Goodwin Manor business traffic already
resulted in thousands of dollars of damage to our private road.
Speaking of our shared drives, the Goodwin’s hold a personal easement across
our properties in Tolson Estates from their home to Kanis Road. This access is not
for commercial use and we have not granted access to Goodwin patrons. Despite
this and having their own entrance, Goodwin’s routinely fail to comply with the
agreement. They deliberately direct egress from the venue across our property
despite the risks to ourselves, our children, and properties. This behavior has
resulted in many near accidents on our drive (our drive is also about 20 feet
wide, tortuous, unlit, and not designed for two-way traffic). On at least one
occasion, drunk drivers leaving the venue have wrecked in our area. Mr.
Goodwin’s response to this event was “better to happen on your side” as to
limit their personal liability. Leaving one to question whether they hold proper
commercial insurance and other appropriate obligations for a commercial
business.
We therefore adamantly disagree with the application statement Item B.
Existing Conditions: “typically locked and not used by the applicants.” In fact,
Goodwin directs commercial traffic to utilize this access routinely and at all times
of day and night. This includes gate code sharing to unknown persons despite
inherent safety threats and repeated requests to not do so.
c. WATER
Currently, all homes in the area operate off wells and septic. The dry months
already bring issues with the water table. Allowing a commercial venue to exist
in such close proximity is the equivalent of adding 50 single family homes in one
fell swoop (double this if you consider the high probability of multiple, full
capacity events). There is no recourse for us should the wells go dry.
Additionally, single family septic systems are not designed for such heavy
commercial usage with a high risk of failure and septic overflow. Even one at
such a grandiose home as Goodwin’s. Attached image 1 illustrates Goodwin’s
position relative to our homes. The topographical image 2 gives the committee
an insight into the venue’s higher elevation and that drainage from the property
flows downhill, across our home sites and into the Little Maumelle River (The
committee is certainly aware that the Little Maumelle River and a Central
Arkansas Water aquifer receive drainage from the venue. Image 3).
In conclusion, “Goodwin Manor” and “Goodwin Estates” were designed to be quiet, single
family. They have operated without regard to other for years despite the perils. Routinely
disregarding the will of their neighbors and, more recently, the will of law.
We applaud the city’s efforts to remedy the situation and the Goodwin’s response to legitimize
their venue. However, a change is inconsistent with the comprehensive plan for the area and
the family environment of the Ferndale area. Even at its current capacity, the proximity of our
homes to Goodwin poses a grave risk to our properties, our possessions, and our lives. Our
children should be able to ride their bikes without worry of drunk drivers or speeding wedding
guests on our private drives. Families should be able to reasonably enjoy an evening without
the intrusion of music and loud disruptions. It takes one ember from a wedding sparkler to
destroy all that we have. We should not have to be regularly concerned about the depletion of
our water resources or septic overflow to our properties/water supply. Neighbors should not be
forced with the constant threat of traffic or uninvited customers. Also, we remain concern that
the venue does not hold authority in high regard as evident by their blatant disregard for COVID
restrictions, city zoning actions, prior agreements, and so forth.
This is not a matter of a neighborly feud but is rather severe circumstances that affect us on a
number of levels. We strongly challenge that any true “hardship” exists. Any barrier to function
or personal struggle seems to have been created by their own actions. We already suffer a
burden by living near the venue - financially and personally. We appreciate that the city takes
into account the rights of all citizens and their property and therefore request that “Goodwin
Manor” not be rezoned to a commercial venue or a variance granted.
Sincerely,
The homeowners of Tolson Estates
27404-27412 Kanis Road
Michael and Kristy Spann
Juddy and Barbara Tolson
Keith and Bishawn Morris
Image 1.
Venue position relative to our properties. White references are existing or potential home
sites.
Note private drives are listed as “Garrison Road” secondary to venue requesting map
modifications. Also, a second home drive exists off Goodwin’s private drive and is not listed on
the submitted map.
Legend = Home site
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Image 2. Topographical map of area. Note venue resides above other properties.
Image 3. Water/Wastewater map. Note the CAW aquifer and Little Maumelle River downhill
from proposed venue. (https://www.pagis.org/webapps/wab/water/0)