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Home My WebLink About218 N. McKinley Email Record 052521From: Givens, Charles G. <CGivens@littlerock.gov> Sent: Thursday, April 22, 2021 2:37 PM To: Whitener, Timothy <twhitener@littlerock.gov>; Jones, Fredrick <fjones@littlerock.gov>; Baldwin, Howard R. <hbaldwin@littlerock.gov>; Herndon, Tim <therndon@littlerock.gov> Subject: Fwd: STOP WORK: 218 N McKinley Staff, We are going to allow the contractor to complete the parking lot and continue the renovation of the existing building. No work is to be performed on the new addition until it is approved by planning.Please check by the site on a weekly bases to make sure that they are complying with the agreement. Thanks, Chuck Sent from my iPhone From: Herndon, Tim Sent: Thursday, April 22, 2021 12:17 PM To: 'integratedpsychsolutions' <integratedpsychsolutions@gmail.com>; 'ronheadco@gmail.com' <ronheadco@gmail.com>; 'William Changose' <william.changose@natstatelaw.com>; 'jason.duncan@furmanservice.com' <jason.duncan@furmanservice.com>; 'briananderson1979@gmail.com' <briananderson1979@gmail.com> Cc: Givens, Charles G. <CGivens@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov>; Spillman, Darren <dspillman@littlerock.gov> Subject: Notice: 218 N. McKinley - Parking & Existing House Dr. Anderson, et al: You may immediately proceed with parking improvements and renovation of the existing former residence, not with the addition in the rear. This expressed permission shall remain in effect until such time an amended rezoning application, and subsequent Planning Commission and Board of Directors action regarding the addition in the rear, occurs. Thanks. – Tim Tim A. Herndon, Development Manager City of Little Rock | Planning and Development 723 W. Markham Street | Little Rock, AR 72201 Main: (501)371-4790 | Direct: (501)371-6817 Email: therndon@littlerock.gov Website: https://www.littlerock.gov/ From: Herndon, Tim Sent: Thursday, April 22, 2021 9:33 AM To: 'integratedpsychsolutions' <integratedpsychsolutions@gmail.com>; 'ronheadco@gmail.com' <ronheadco@gmail.com>; 'William Changose' <william.changose@natstatelaw.com>; jason.duncan@furmanservice.com; 'briananderson1979@gmail.com' <briananderson1979@gmail.com> Cc: Givens, Charles G. <CGivens@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov> Subject: 218 N. McKinley PARKING Hi. I assume this is Dr. Brian Anderson. We have been contacted by William Changose regarding this matter, and I’ve forwarded project information to him, at his request. I have also spoken and exchanged emails with Jason Duncan. I’ve also been contacted by Ron Head via email, and he is attempting to call me as I write. This office is not equipped to answer to the owner, the contractor(s), legal representative, and others separately. Please identify a single representative. As stated in prior communications, the building under construction is well more than twice the size of the building represented to the public and surrounding property owner(s) at the time the lot was rezoned from residential to office in 2020. I don’t necessarily believe you intended harm, yet your representative called us before construction took place and he asked for guidance. He stated the building project was larger than previously approved. We specifically instructed him to re-submit the rezoning application to accurately reflect the significant difference in what was proposed most recently, versus what was legitimately approved earlier. Your team chose not to do so, which places us in the present unfortunate circumstance. I’m sorry for the stress you’re undergoing, and I recommend you and your team prepare the rezoning application as advised by Monte Moore earlier this year, and by me in my April 13, 2021 email. Moving forward, adjacent neighbor concerns may be your biggest challenge, because a complaint was registered to a Little Rock Director. I can’t predict the outcome and/or how it may impact recent construction. To answer the questions in your email below, a) Dana Carney retired more than a year ago, and b) we will find a way for you to proceed with the parking lot construction… To be clear, you are permitted to proceed with any portion of the site that conforms with the rezoning application approved by the City in early 2019. Stand by and I will send you another note regarding the parking lot – I must speak with the Building Codes Manager, first. – Tim Tim A. Herndon, Development Manager City of Little Rock | Planning and Development 723 W. Markham Street | Little Rock, AR 72201 Main: (501)371-4790 | Direct: (501)371-6817 Email: therndon@littlerock.gov Website: https://www.littlerock.gov/ From: Herndon, Tim Sent: Tuesday, April 13, 2021 3:20 PM To: 'William Changose' <william.changose@natstatelaw.com>; Givens, Charles G. <CGivens@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov> Cc: jason.duncan@furmanservice.com; Brian Anderson <integratedpsychsolutions@gmail.com> Subject: STOP WORK: 218 N McKinley Mr. Changose, as promised, see beneath your email for my explanation and instructions to the 218 N. McKinley group, as well as other recent emails from the owner/applicant team. – Tim From: William Changose <william.changose@natstatelaw.com> Sent: Tuesday, April 13, 2021 3:02 PM To: Herndon, Tim <therndon@littlerock.gov>; Givens, Charles G. <CGivens@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov> Cc: Morris, LaSonya M. <lmorris@littlerock.gov>; Thrower, Torrence <tthrower@littlerock.gov>; Steele, Terry <TSteele@littlerock.gov>; Steele, Stephanie <ssteele@littlerock.gov>; Permits <Permits@littlerock.gov>; jason.duncan@furmanservice.com; Brian Anderson <integratedpsychsolutions@gmail.com> Subject: STOP WORK: 218 N McKinley Importance: High Hello all, Dr. Anderson has received the stop work notice. Since he is in the midst of a major construction project he’s very interested in resolving this as soon as possible. When would be a good time, and who should I call to see if we can work to keep things moving. Given the amount of email correspondence that has transpired between the City and Dr. Anderson, I suspect there is a way to allow him to keep moving while at the same time complying with City requirements. Thanks, Goose William “Goose” Changose Natural State Law, PLLC 900 S Shackleford Rd., Ste 705 Little Rock, Arkansas 72211 Mobile: 501.690.6656 Office: 501.916.9848 Facsimile: 855.415.8951 ***************** This E-mail message is confidential, intended only for the named recipients above, and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 501-690-6656 and delete this E-mail message. Thank you. From: Herndon, Tim Sent: Tuesday, April 13, 2021 1:39 PM To: 'jason duncan' <jason.duncan@furmanservice.com>; 'briananderson1979@gmail.com' <briananderson1979@gmail.com> Cc: Josh Furman <josh.furman@furmanservice.com>; 'ronheadco@gmail.com' <ronheadco@gmail.com>; Givens, Charles G. <CGivens@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov>; Moore, Monte <MMoore@littlerock.gov> Subject: IMPORTANT: 218 N McKinley Hi Jason, Dr. Anderson and all. This email contains Jason Duncan’s previous email and attachments (his email bottom this page,) and I’ve added three additional attachments from Planning Office files. Please review the following carefully, and regard this email as Planning & Development Office instructions for how to proceed: - Jeremiah Russell of Rogue Architecture called Monte Moore of this office approximately 8 to 10 weeks ago and inquired regarding enlarging of proposed building plans since the time of Planning Commission rezoning approval on 1/9/2020 and Board of Directors approval on 2/4/2020. Monte instructed Mr. Russell to re-submit a zoning application for hearing and prospective approval by the PC and BOD. Such an application did not materialize, and approval for an enlarged building has not been granted. Building - The “Zoning Committee Requirements” included in Jason’s email below do show the building is limited to 23’x33’ dimensions (implying specifically 792 sq. ft.) See p. 2 and p. 8 of the attached Planning Commission staff report mark-up which states the proposed/approved building size submitted by the applicant. Also included as p. 8-A is the copy of the plan that was part of all staff reports and communications in early 2020. - See attached Board of Directors Communication mark-up; p. 2 expressly refers to the building expansion area (792 sq. ft.) requested by the applicant. - See attached 12/18/2019 Zoning Application Exhibit and cover letter submitted by Cunningham Surveying to this office on behalf of Jennifer Anderson as part of the rezoning application. These documents expressly propose a 24’x33’ (implying specifically 792 sq. ft.) building expansion. - Section 3 of the “Approval from Zoning and Planning” (aka recorded Ordinance No. 21,834) refers to “final plan approval,” which must be in conformance with the Planning Commission and Board of Directors approval. Presently proposed building plans do not reflect what was advertised, heard and approved by the City as part of the 2020 POD zoning approval and are therefore not approved. - No document or documents amid the rezoning application, attachments and exhibits for viewing by staff or commissioners or property owner within the 200’ legal notice boundary, nor in any subsequent correspondence associated with the zoning/POD approval, refer to a multi-story building on the property. Parking - P. 6 of the attached Planning Commission staff report mark-up specifies “Phase I construction of the new parking” and “Phase II is construction of the addition to the rear…” This requirement ensures there will be adequate, proper parking for users of the Planned Office Development at such time existing and/or expanded office areas are in use. - The parking calculation for your previously approved POD zoning, based on Zoning Code requirement Sec. 36-502 for “office and institutional uses – medical clinics – 6 spaces per doctor or dentist,” would require roughly 18 spaces, based on information provided by the applicant. However, because your facility is not a typical doctors office or medical facility, we applied “business and professional office (and similar use or establishment) – 1 space per 500 gross square feet.” Applicable calculation as follows: Existing house 1,534 sq. ft. (Per Sht. A1.1 Rogue plans) Proposed 1st Fl Addn 1,303 sq. ft. “ “ Proposed 2nd Fl Addn 1,303 sq. ft. “ “ Gross Sq. Ft. 4,140 / 500 = 9 required spaces (11 spaces are proposed per the aforementioned Sht. A1.1 Rogue plan.) Summary Re-submit complete rezoning application from POD, to POD with updated data. Represent specifically what you intend to use and construct. The next available submittal deadline is May 17 for the July 8, 2021 Planning Commission hearing, with Board of Directors action to occur approximately five (5) weeks later. Based on approval received at that time, your “stop work” order may be removed and the project resumed. If you have additional questions or comments, please contact me (Development Mgr.) or Monte Moore (Development Administrator, 501-371-4792.) Thanks. – Tim Tim A. Herndon, Development Manager City of Little Rock | Planning and Development 723 W. Markham Street | Little Rock, AR 72201 Main: (501)371-4790 | Direct: (501)371-6817 Email: therndon@littlerock.gov Website: https://www.littlerock.gov/ From: jason duncan <jason.duncan@furmanservice.com> Sent: Monday, April 12, 2021 4:42 PM To: Josh Furman <josh.furman@furmanservice.com>; ronheadco@gmail.com Cc: Herndon, Tim <therndon@littlerock.gov>; Givens, Charles G. <CGivens@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov> Subject: RE: STOP WORK: 218 N McKinley Good afternoon gentlemen, We have been reviewing the documentation for this project and there are some things we are unclear about. The Zoning Committee Requirements (attached) do not show that the building is limited to the 24’x33’ foot dimensions. Section 3 of the approval letter (attached) seems to indicate that final plan approval was the only requirement which we received with the issuance of the permit (attached) on 3/11. Its imperative that we pursue every possibility to keep this project on track, and we appreciate your assistance with these matters. Thank you J. Duncan 501-749-3936 Sent from Mail for Windows 10 From: jason duncan Sent: Monday, April 12, 2021 12:04 PM To: Josh Furman Cc: Herndon, Tim; Givens, Charles G.; Collins, Gilbert Subject: RE: STOP WORK: 218 N McKinley Thank you for the information Mr. Herndon, I am not fully aware of the stipulations regarding POD and rezoning, as this was done by the owner prior to us coming on as contractors. I am unclear about why this has become an issue now when we have already gone through the full process of submitting plans, applying for and receiving permits, and that process included a zoning review that was approved in February of this year. Thank you for your assistance, J. Duncan 501-749-3936 From: Brian Anderson <briananderson1979@gmail.com> Sent: Monday, April 12, 2021 5:03 PM To: Herndon, Tim <therndon@littlerock.gov> Subject: attached document Oops! I forgot to attach the document I was referring to. I looked up the code and my interpretation was that if the changes were substantial (20% or more in sq footage, height, etc) we needed to submit new plans, otherwise the preliminary plans were sufficient. Maybe I misread it? Brian Anderson, Psy.D., MPA Integrated Psych Solutions Licensed Clinical Psychologist/Behavior Analyst www.integratedpsychsolutions.com 1100 North University Ste. 108 Little Rock, AR 72207 Ph: 501-615-8838 Fx: 425-660-3207 From: Brian Anderson <briananderson1979@gmail.com> Sent: Monday, April 12, 2021 5:00 PM To: Herndon, Tim <therndon@littlerock.gov> Subject: regarding 218 N. McKinley Hi Mr. Herndon, I run a small mental health practice and I purchased 218 N. McKinley. I think I saw you pulling out right after placing the stop work order. It's OK. I understand where ya'll are coming from. When we had the home rezoned, we spoke with Dana Carney. Since the original plans for rezoning, we did add to the building. In order to satisfy section 3 of the attached document (which says we needed to submit a final plan), we got an architect to draw up new plans, submitted them to zoning and permitting, and they were approved much to our excitement. But I think we accidentally left ya'll out. We assumed zoning and planning were the same department. So, since zoning is ok with the new building, but planning needs to know more, what is the process I need to go through? My contractor doesn't know what to do and I've handled much of this paperwork myself. However, the architect has agree to work on this on our behalf so I'm trying to figure out if I can save some money. I'm OK with putting in the parking lot now, since that was a phase 1 agreement. It's just that we wanted to preserve the parking lot until the end because of construction. It makes it easier to move in and out and we didn't want to damage anything. Since zoning and permitting agreed to the parking lot plans, I thought that was OK. Please let me know. We already had a 7 month delay with permitting, and then the bank pulled my loan and I had to re-up on that, and so I'm a little stressed because my lease is coming up and I have to see my therapy patients somewhere. Brian Anderson, Psy.D., MPA Integrated Psych Solutions Licensed Clinical Psychologist/Behavior Analyst www.integratedpsychsolutions.com 1100 North University Ste. 108 Little Rock, AR 72207 Ph: 501-615-8838 Fx: 425-660-3207 -----Original Message----- From: Herndon, Tim Sent: Friday, April 9, 2021 5:42 PM To: Givens, Charles G. <CGivens@littlerock.gov>; Collins, Gilbert <gcollins@littlerock.gov> Cc: Baldwin, Howard R. <hbaldwin@littlerock.gov>; Whitener, Timothy <twhitener@littlerock.gov> Subject: RE: #218 N McKinley. (Stop Work Order) Zoning was approved as a Planned Office Development, and the staff report acknowledges a 24’ x 33’ expansion at the rear of the existing building. The file and the contains no architectural drawings, no refence to number of stories. Approved by PC and BOD in Feb/Mar 2020. Architectural plans submitted on Infor depict a 24' x 55' structure (22' longer than approved with the POD zoning.) - Tim -----Original Message----- From: Givens, Charles G. <CGivens@littlerock.gov> Sent: Friday, April 9, 2021 5:38 PM To: Collins, Gilbert <gcollins@littlerock.gov> Cc: Herndon, Tim <therndon@littlerock.gov>; Baldwin, Howard R. <hbaldwin@littlerock.gov>; Whitener, Timothy <twhitener@littlerock.gov> Subject: #218 N McKinley. (Stop Work Order) Jamie, I talked to Tim about the issues and he said he left you a message outlining the issues at this site. I sent Randy by the site this afternoon to issue a “Stop Work Order”, we will follow-up with a phone call to the owner as well on Monday. Thanks, Chuck Sent from my iPhone From: Givens, Charles G. <CGivens@littlerock.gov> Sent: Friday, April 9, 2021 9:28 AM To: Collins, Gilbert <gcollins@littlerock.gov>; Baldwin, Howard R. <hbaldwin@littlerock.gov> Cc: Jones, Fredrick <fjones@littlerock.gov>; Whitener, Timothy <twhitener@littlerock.gov>; Herndon, Tim <therndon@littlerock.gov> Subject: RE: NEW CONSTRUCTION GOING UP IN MY BACK YARD Tim Herndon, Would you take a look at this site and see if there is an issue with the zoning as outlined per Jamie and let us know. Thanks, Chuck From: Collins, Gilbert <gcollins@littlerock.gov> Sent: Friday, April 9, 2021 9:10 AM To: Baldwin, Howard R. <hbaldwin@littlerock.gov> Cc: Givens, Charles G. <CGivens@littlerock.gov>; Jones, Fredrick <fjones@littlerock.gov>; Whitener, Timothy <twhitener@littlerock.gov>; Herndon, Tim <therndon@littlerock.gov> Subject: Re: NEW CONSTRUCTION GOING UP IN MY BACK YARD This was zoned a planned development. They may not have been allowed to do this. On Apr 9, 2021, at 8:03 AM, Baldwin, Howard R. <hbaldwin@littlerock.gov> wrote: There is a permit for 218 North Mckinley. The permit number for building is 202016488. It is permitted according to the permit description as a 2 story addition on an existing house. I passed the footing about a month ago. From: Givens, Charles G. <CGivens@littlerock.gov> Sent: Friday, April 9, 2021 7:53 AM To: Baldwin, Howard R. <hbaldwin@littlerock.gov>; Jones, Fredrick <fjones@littlerock.gov>; Whitener, Timothy <twhitener@littlerock.gov> Cc: Collins, Gilbert <gcollins@littlerock.gov> Subject: Fwd: NEW CONSTRUCTION GOING UP IN MY BACK YARD Please check on this site today, make sure this is the correct address. Thanks, Chuck Sent from my iPhone Begin forwarded message: From: "Steele, Stephanie" <ssteele@littlerock.gov> Date: April 9, 2021 at 7:50:03 AM CDT To: "Givens, Charles G." <CGivens@littlerock.gov> Subject: RE: NEW CONSTRUCTION GOING UP IN MY BACK YARD Sorry for the late response. There aren’t any permits for this location. From: Givens, Charles G. Sent: Thursday, April 8, 2021 2:37 PM To: Steele, Stephanie <ssteele@littlerock.gov> Cc: Collins, Gilbert <gcollins@littlerock.gov> Subject: FW: NEW CONSTRUCTION GOING UP IN MY BACK YARD Stephanie, Please check for permits at this address. Thanks, Chuck From: Collins, Gilbert <gcollins@littlerock.gov> Sent: Thursday, April 8, 2021 2:29 PM To: Webb, Kathy <kwebb@littlerock.gov>; Wendell Hall <webhall@att.net> Cc: Givens, Charles G. <CGivens@littlerock.gov>; Herndon, Tim <therndon@littlerock.gov> Subject: RE: NEW CONSTRUCTION GOING UP IN MY BACK YARD I believe the address is 218 N McKinley if it is directly behind Mr. Hall. We will investigate. From: Webb, Kathy <kwebb@littlerock.gov> Sent: Thursday, April 8, 2021 2:15 PM To: Wendell Hall <webhall@att.net>; Collins, Gilbert <gcollins@littlerock.gov> Subject: Re: NEW CONSTRUCTION GOING UP IN MY BACK YARD Kathy Webb City Director, Ward 3 501-258-1949 cell kwebb@littlerock.gov Sent from my iPad On Apr 8, 2021, at 11:25 AM, Wendell Hall <webhall@att.net> wrote: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Wendell E. Hall, and my wife and I live at 305 N Plaza Drive. There is a horrible new construction quickly going up (at 301 N McKinley Street) literally scant feet over my back yard fence. When I was first notified of the new commercial zoning of this property, it was described to me that the existing home was to be updated and that a small clinic would be utilizing it. Now I have a two-story monstrosity with huge triple windows staring down over my back yard fence, overlooking my home, facing directly into our bedroom windows, and blocking the morning sunlight as well as the view. This is nothing like was initially presented nor described to me at the meeting downtown. What can be done about this terrible invasive situation? Sincerely, Wendell E. Hall PS. See attached photos. Image 2974 is from yesterday, #2975 from today. Construction is going up QUICKLY. <IMG_2974.jpg> <IMG_2975.jpg>