HomeMy WebLinkAboutZ-055D~1From: Charlotte Lunday <clund314@gmail.com>
Sent: Monday, November 11, 2024 7:01 PM
To: Drew Kelso <drewkelso47@gmail.com>
Cc: Thrower, Torrence <tthrower@littlerock.gov>
Subject: Re: Opposition to Rezoning Goodwin Manor to PCD
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Hello, I moved and am no longer on the planning commission. I’ve copied Torrence from the Planning Department to ensure your comments are considered by the Commission.
Best,
Charlotte
On Monday, November 11, 2024, Drew Kelso <drewkelso47@gmail.com> wrote:
Commissioner Lunday,
We, Walter Smiley and Drew Kelso, are leaders in an organization registered with the City of LR as Concerned Citizens of West Pulaski County. Our mission is to see that development
in the Western part of the County is well reasoned, particularly the ETJ (A mission shared with the LR Planning Commission).
In that role, we have taken a keen interest in a property known as Goodwin Manor, 3708 Garrison Road. The property owner has operated an event venue with a known specialty for elaborate
weddings for many years. This is in violation of the City Zoning Ordinances and the owner was cited by the City in 2019. In spite of that and several cease-and-desist letters from
the City Attorney, they continue to this day.
Attempts by the owner to rezone the property Commercial or PCD have appropriately failed. Attempts to apply for a Home Occupation Business also failed.
Recently, Oct 10th 2024, the owner again filed a request to rezone the property from R2 to PCD. (see Z-9500-C, ITEM 7). This application was revised and resubmitted for the Nov 14th
2024 agenda. We oppose rezoning this property, it should remain R2.
TWO MAJOR POINTS:
1. THE FIRST POINT: To our amazement the City Planning staff recommended approval. This application is almost identical in its
essence to the one turned down in 2020 and 2021. The staff is careful not to use the word COMMERCIAL in favor of a more benign “non-residential uses” while describing 12-to 15 wedding
events per year and other ticketed dinner events. They also describe vaguely a retail use component. All of this as a thinly disguised attempts by the applicant to hide the extent
of this commercial operation.
There are many reasons this property should not be rezoned PCD and allow the proposed business activities.
The City Planning Staff in 2021 seemed to know what they were, why the City Planning Staff in 2024 seems to not even mention them is a mystery.
We refer you to the City’s own document of June 17, 2021 where the following quotes were taken.
http://web.littlerock.state.ar.us/WebLink/DocView.aspx?id=189212&dbid=0&repo=CityofLittleRock
“ The Goodwins advertise and rent/ lease the property ( indoor and outdoor portions of the residence and grounds) for weddings, charitable functions, and similar events.”
“Event activity at 3708 Garrison Road has proven to generate excessive traffic in the neighborhood, and sewage and water usage will exceed normal residential neighborhood use during
events. The property will accommodate 200 guests, and site plans submitted by the applicant delineate parking for approximately 80 vehicles.”
“Numerous complaints indicate events and/or directly associated activities are perceived as a nuisance.”
“As evidenced by the content of this report and based upon ample information and applications submitted by the owners, Goodwin Manor operates, and proposes to operate, as a commercial
use and business.”
“Access to Goodwin manor is via an existing 1, 600-foot drive from Garrison Road to the north, and via a 1, 100-foot drive to the south. These drives are not constructed to public street
standards and are suited to low - volume private residential use, shared by area residents. While the Goodwins have stated they
will widen, pave and illuminate these roadways " if their application is approved," doing so would impact area residents by creating a formal thoroughfare for approaching and departing
Goodwin Manor attendees. Prospective off-site street lighting ( for what is essentially a private drive) would be out of character with the surrounding neighborhood.”
My guess is the Planning Commission, the City Board of Directors and the City Planning staff would find these obvious errors by omission embarrassing. There is disregard for Article
VII- Planned Zoning District language emphasized in Section 36-451.
2. THE SECOND POINT: As you are aware a number of nearby residents to this property filed suit against the owner on Oct 9, 2024. The City Planning Commission was advised of this
and given copies of the lawsuit on October 10, 2024. The Commission elected to hear the application at that meeting although a Commissioner raised the question as to the advisability
of that. The Deputy City Attorney, Shawn Overton, who was well aware of the history of this property, said he thought they could go either way.
By now, the City Attorney and the City Planning Commission, and the City Planning Staff should be well aware of the contents of that lawsuit.
a. Violation of Restrictive Covenants
b. Violation Zoning Ordinances. (seems the City might want to enforce its ordinances and not require the property owners to do it for them).
c. Nuisance and Quiet Enjoyment of Property
We believe that it would be inadvisable for the City to continue to hear this rezoning application until which time the Court can resolve the litigation filed by the resident neighbors.
This is a very complex and difficult situation. If you agree, we would ask you to stop or defer any further action on this application.
Drew Kelso and Walter Smiley