HDC_07 11 20111
LITTLE ROCK HISTORIC DISTRICT COMMISSION
MINUTES
Monday, July 11, 2011 5:00 p.m.
HR Training Room, Room 230W, City Hall
I. Roll Call
Quorum was present being five (5) in number.
Members Present: Marshall Peters
Julie Wiedower
Randy Ripley
Loretta Hendrix
Chris Vanlandingham
Members Absent: none
City Attorney: Debra Weldon
Staff Present: Brian Minyard
Citizens Present: Patricia Blick
Ralph Wilcox
Alice Lightle
Debbie Willhite
Emile Rowland
II. Approval of Minutes
A motion was made by Commissioner Julie Wiedower to approve the minutes of June
13, 2011. Commissioner Randy Ripley seconded and the minutes were approved with
a vote of 5 ayes and 0 noes.
Notice requirements were meet on both applications to be heard tonight.
III. Deferred Certificates of Appropriateness
None
DEPARTMENT OF PLANNING AND DEVELOPMENT
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435
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STAFF REPORT
ITEM NO. A.
DATE: July 11, 2011
APPLICANT: Ralph Wilcox, AHPP
ADDRESS: 323 Center Street
COA REQUEST: National Register Nomination of the Tower Building
PROJECT BACKGROUND AND DESCRIPTION:
The subject property is located at 323 Center Street. The
building’s legal description is “Lots 4, 5, 6, and the South
5’ of the west 75’ of lot 3, block 83, Original City of Little
Rock, Pulaski County, Arkansas.” The property also
includes a garage structure at “Lot 7 and 8, block 83,
Original City of Little Rock, Pulaski County, Arkansas.”
The parking structure is not included in this nomination.
The Arkansas Historic Preservation Programs has set
forth the “Arkansas Certified Local Government
Procedures.” In it, sections are titled: “Introduction”,
“Eligibility for participation in the Certified Local
Government Program”, “Process for Certification of Local
Governments”, “Process for monitoring Certified local
Governments,” “Certified Local Governments
Participation in the National Register Nomination
Process”, and “Transfer of funds to Certified Local
Governments.”
In Section II Eligibility for Participation in the Certified Local Government Program, subsection C
Local Historic Preservation Program, II C. 2. f) states that one of the Duties of local preservation
commissions shall include:
“ Reviewing all proposed National Registration nominations for properties within
the boundaries of the CLG’s jurisdiction. When a commission reviews a
nomination or other action that will impact properties which are normally
evaluated by a professional in a specific discipline, at that discipline is not
represented on the commission, the commission must seek expertise in that
discipline before rendering its decision.”
DEPARTMENT OF PLANNING AND
DEVELOPMENT
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435
Location of Project
3
In Section V Certified Local Government participation in the national register nomination
process, sub section B CLG involvement in the National Register Process, the procedures state:
A. CLGs shall submit a report (available for public inspection) to the AHPP
regarding the eligibility of each property or district within its jurisdiction proposed
for nomination to the National Register.
I. The report shall include recommendations of the local preservation commission
and the chief elected official.
2. The report should concentrate on the property's eligibility under the National
Register criteria.
3. Failure to submit reports on the eligibility of properties nominated within the
jurisdiction of the CLG after the AHPP has informed the CLG of a pending
nomination will be considered during the periodic performance evaluation.
B. CLG involvement in the National Register process
I. Within 60 calendar days of receipt of the nomination, the CLG shall inform the
AHPP by submission of a report (see section V-A) as to its opinion regarding the
eligibility of the property. The CLG shall also inform the property owner(s) using
National Register criteria for evaluation, as to its opinion regarding the eligibility
of the property.
2. In the event a nomination is received by the AHPP before submission to the
CLG, the AHPP will forward a copy of the completed nomination to the CLG
within 30 calendar days of receipt.
3. If both the commission and chief elected official recommend that a property
not be nominated because it does not meet the National Register criteria for
eligibility, the CLG will so inform the property owner(s) and the State Historic.
Preservation Officer, the property will then not be nominated unless an appeal is
filed with the SHPO in accordance with appeal procedures outlined in 36 CFR
60. Appeals must be received by the SHPO within 30 calendar days of the date
the property owner receives notification by certified mail that the property has
been determined ineligible for nomination by both the CLG and the Chief elected
official. This is in accordance with Section 101[c) 2 of the NHPA.
4. If the commission or the chief elected official of the CLG recommend that a
property should be nominated, the nomination will be scheduled for submission
to the Arkansas State Review Board. Scheduling will be in accordance with
notification time constraints as set forth in 36 CFR Part 60.
5. The Arkansas State Review Board, after considering all opinions, including
those of the commission and the chief elected official of the CLG, shall make its
recommendation to the State Historic Preservation Officer. Either the local
preservation commission or the chief elected official may appeal the SHPOs final
decision.
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6. When a National Register nomination, that has been reviewed by a
commission, is submitted to the National Park Service for review and listing, all
reports or comments from the local officials will be submitted along with the
nomination.
7. The AHPP and the CLG will work together to provide ample opportunity for
public participation in the nomination of properties to the National register. All
reports submitted by the CLG to the AHPP regarding the eligibility of properties
shall include assurances of public input. The CLG shall retain a list of all persons
contacted during the evaluation period and note comments that were received. If
a public meeting was held, a list of those attending shall be included in the report.
PROPOSAL: The Commission will review the National Register Nomination of the Tower
Building.
NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no
comments regarding this application.
STAFF RECOMMENDATION: Staff recommends nomination to the National Register of
Historic Places for statewide significance under Criterion C.
Brian Minyard, Staff, made a brief presentation of the item.
Ralph Wilcox, Arkansas Historic Preservation Program, spoke of the architectural significance of
building. Composite steel construction permits a larger floor area utilizing curtain walls. This
allows a taller height building. The property is listed for its’ architectural significance with a
statewide level of significance.
Commissioner Julie Wiedower commented that the building had been altered a lot with the
awnings removed and the panels replaced. She questioned how the original architectural fabric
was determined. Mr. Wilcox stated that the sunscreens were removed in 1983 and the panels
were painted, not replaced. These changes did not alter the eligibility of the structure.
Chairman Marshall Peters commented that the State review Board will make the determination
if the building is eligible or not.
Commissioner Wiedower stated that the word “recommends” on the form implies knowledge of
context, whereas the word “endorses” does not, in her opinion. Patricia Blick, CLG coordinator
from AHPP, stated that if the commission did not have the expertise, that the commission
should bring in someone that does.
Commissioner Randy Ripley asked if there were any other buildings in the International style.
The 501 building across from the State Capitol was noted. Mr. Wilcox reiterated that this was
the first skyscraper that was built in this style in the state.
Commissioner Hendrix asked if the panels had been painted on the building. Mr. Wilcox stated
yes.
Chairman Peters commented on a color photo of the building when it was new. Mr. Wilcox said
he was not aware of one.
COMMISSION ACTION : July 11, 2011
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Mr. Wilcox summarized the conditions and restrictions that are placed on a property when it is
listed on the national register. Further discussion concerned the occupancy of the building and
the uses.
Commissioner Wiedower made a motion to support the nomination (changing the word
“recommend” to “support” on the form).
Commissioner Chris Vanlandingham asked about notifications to the public. Mr. Wilcox stated
that the state senator, state representative, the mayor, and newspapers are notified of the state
review meeting. Commissioner Wiedower asked if this meeting constituted public comment.
Ms. Blick said yes it did.
Commissioner Wiedower restated her motion and Commissioner Vanlandingham seconded.
The motion passed with 5 ayes and 0 noes.
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STAFF REPORT
ITEM NO. One.
DATE: July 11, 2011
APPLICANT: Alice Lightle
ADDRESS: 617 Cumberland Street
COA REQUEST: Iron fence and gates
PROJECT BACKGROUND AND DESCRIPTION:
The subject property is located at 617 Cumberland Street.
The property’s legal description is Lot 1 MacArthur Place
Subdivision to the City of Little Rock, Pulaski County,
Arkansas.
This house was built in 2006 and is a non-contributing
structure to the district.
This application is for addition of an Iron fence and gates in
the front and sides of the house.
PREVIOUS ACTIONS ON THIS SITE:
On July 14, 2005, a COA was approved and issued to
Andrew and Tina Boyd for construction of a single-family
house.
PROPOSAL:
The proposed fence will start at the north side of the house, extend to the driveway, then
continue to the front property line near the sidewalk, and continue along the sidewalk with a
gate at the sidewalk to the south property line. There it will continue to the rear of the house
and then return to abut the house. The fence will be three feet tall and have fleur-de-lis spear
point on the top. The picket will be 1/2 inch solid bar and the posts will be covered by “olde tent
top” finals. These are pyramidal in shape and in Staff’s opinion, more functional than
decorative. The walk gate at the sidewalk will feature the same design with a flat top and will be
4 1/2 feet wide and three feet tall. The fence will be a powder coat gloss black finish. This
fence will match the fence installed at 618 Rock Street. (There will not be a brick retaining wall
installed with this COA as was with 618 Rock Street.)
DEPARTMENT OF PLANNING AND
DEVELOPMENT
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435
Location of Project
7
There will be a gate across the driveway. This driveway serves two houses (617 Cumberland
and 618 Rock). The gate for the driveway will be 5 feet tall and 10 feet wide. It will be of the
same design of the fencing with a mechanical swing gate operator. The gate will be a powder
coat gloss black finish.
This application may be required to go to the Board of Adjustment for a fence height variance
based on where the driveway gate is located. Sec. 36-516(e)(1)a Residential fence and wall
standards of the Little Rock Municipal Code states: Between a required building setback line
and a street right-of-way, the maximum height shall be four (4) feet. Other fences may be
erected to a maximum height of six (6) feet.
WRITTEN ANALYSIS OF THE APPLICATION BASED OFF OF INTENT AND GUIDELINES :
On page 66 of the Guidelines, the following is stated:
3. Fences and Retaining Walls:
Iron, wood, stone, or brick fences or walls that are original to the property (at
least 50 years old) should be preserved. If missing, they may be reconstructed
based on physical or pictorial evidence. Sometimes a low stone or brick wall
supports an iron or wooden fence.
View from southwest View from northwest
View down driveway View north along sidewalk
8
Fencing material should be appropriate to the style and period of the house.
Cast iron fences were common through the Victorian period and should be
retained and maintained. Wrought iron and bent wire fences are also historic.
Wood picket fences may be located in front, side, or rear yards, generally
following property lines. They should be no taller than three feet (36”) tall;
pickets should be no wider than four inches (4”) and set no farther apart than
three inches (3“). The design shall be compatible with and proportionate to the
house.
Wood board privacy fences should be located in rear yards. They should be no
taller than six feet (72”), of flat boards in a single row (not stockade or
shadowbox), and of a design compatible with the structure. The privacy fence
should be set back from the front façade of the structure at least halfway
between the front and back walls.
Chain-link fences may be located only in rear yards, where not readily visible
from the street, and should be coated dark green or black. Screening with plant
material is recommended.
Fences should not have brick, stone, or concrete piers or posts unless based on
pictorial or physical evidence. Free-standing walls of brick, stone, or concrete
are not appropriate.
New retaining landscape walls are discouraged in front yards. Certain front
yards that are in close proximity to the sidewalk may feature new walls that
match the materials of the building and be consistent with historic walls in the
neighborhood. Landscaping walls should match the materials of the building and
be consistent with historic walls in the neighborhood.
There are a number of iron fences in the immediate area of this house: three houses at 618-624
Rock, the Pike Fletcher Terry Mansion at 7th and Rock, The Lincoln House at Cumberland and
Rock, to name a few. This proposed three-foot fence is in keeping with the height and scale of
Fence at 618 Rock Street Detail of Fence at 618 Rock Street
9
the historic fences. This fence would exactly match the fence at 618 Rock Street. There will not
be a brick retaining wall installed with this COA.
This application may be required to go to the Board of Adjustment for a fence height variance
based on where the driveway gate is located. Sec. 36-516(e)(1)a Residential fence and wall
standards of the Little Rock Municipal Code states: Between a required building setback line
and a street right-of-way, the maximum height shall be four (4) feet. Other fences may be
erected to a maximum height of six (6) feet. This property is zoned PD-R and the setback line
on this property is 12 feet. If the driveway gate is set at least 12 feet back form the front
property line, the driveway gate will not require a Board of Adjustment hearing. The sketch
appears to show the gate behind the front wall of the house, but is not dimensioned.
That being said, the Design Guidelines state that front and side yard fences should be 3 feet in
the front yard and halfway down the side of the house before becoming 6 feet tall. This
proposed gate at 5 feet is taller than the guidelines suggest. The distance that the drive gate is
located behind the front facade of the house should be determined. A reduction in the height of
the gate could make the gate more appropriate to the area. There is not a fence along the
property line to the north along the commercial parking lot, so the fence would be more of a
visual deterrent than a physical one.
NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no
comments regarding this application.
STAFF RECOMMENDATION: Approval with the following condition:
1. Obtaining a fencing permit.
2. Set the drive gate to the east of the façade of the house.
COMMISSION ACTION: June 13, 2011
Brian Minyard, Staff, made a brief presentation of the item to the Commission.
Judge Alice Lightle stated that they were requesting the fence for security reasons and that the
gate would be set back 35’. The fence would match the one at 618 Rock Street.
Commissioner Wiedower asked if the fence was extruded aluminum. Judge Lightle stated it
was iron.
A discussion was held on the height of the fence application being at 36” tall. Judge Lightle
stated that they were trying to comply with the guidelines. It was clarified that there would not
be a brick wall under the fence.
Commissioner Wiedower stated that the guidelines state that the six-foot fence height should
start half way down the house. Judge Lightle stated that they might be able to start the fence at
one-third of the way down the house instead.
Commissioner Chris Vanlandingham asked the applicant if the guidelines did not say 36 inches
tall, would they have asked for a 36-inch tall fence. Judge Lightle said that they would have
asked for a 42-inch tall fence. The applicant s then amended their application to have a 42-inch
tall fence in the front.
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The location of the gate was clarified with the applicant stating that the gate would be installed
35 feet from the back of the public sidewalk.
A motion was made to approve the application as amended with a 42” tall fence in the front and
the gate placement being at 35 feet from the public sidewalk by Commissioner Vanlandingham.
The motion was seconded by Commissioner Randy Ripley and the motion passed with 4 ayes
and 1 no (Wiedower).
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STAFF REPORT
ITEM NO. Two.
DATE: July 11, 2011
APPLICANT: Stefan Vickery, Vickery Construction LLC
ADDRESS: 904-906 Commerce Street
COA REQUEST: Siding and Trim; Porch Rebuild; and Windows
STAFF RECOMMENDATION:
Staff recommends this item be deferred to the August 8,
2011 hearing because the applicant did not receive his
list form the abstract company in time, therefore, letters
were not mailed to property owners in a timely manner.
COMMISSION ACTION : June 8, 2011
A motion was made to defer to the August meeting by
Commissioner Wiedower and seconded by commissioner
Ripley. The motion passed with 5 ayes and 0 noes.
DEPARTMENT OF PLANNING AND
DEVELOPMENT
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435
Location of Project
12
STAFF REPORT
ITEM NO. One.
DATE: July 11, 2011
APPLICANT: Staff
COA
REQUEST: Bylaw Revisions
The Bylaws have been revised in the past, the latest being in 2006. In 2008, Staff had compiled
a list of topics for the Commission to evaluate. Over the next year and a half, the Commission
and Staff worked through these items and as a result, some changes are proposed to the
Bylaws. Below is a summary of the changes a proposed by the Commission.
Updates from Commission / Work Plan topics: page numbers refer to this document.
Page 4; Notifications of deferred items
Page 8; Deferrals
On page 8; Article V Section E(8)b3, the ninety-day clause is still in the proposed text. The
ordinance must be changed before the bylaws can be changed to reflect this. After the
ordinance is changed, Staff will bring the bylaw issue back to the commission to change. The
proposed text is 100 days, which covers three months of meeting including the long months with
five Mondays.
Following is a copy of the text with edits shown as such: added text deleted text
COMMISSION ACTION: June 14, 2010
The commission briefly discussed the item. The item in front of the Commission states 90 days
instead of 100 because the ordinance as to be changed before the bylaws can be changed.
Commissioner Julie Wiedower suggested that the commission would not act on the item tonight
since it would have to be changed later. Mr. Minyard stated that the bylaws require a 10-day
notice of proposed changes; therefore, the commission cannot vote on them tonight anyway.
Debra Weldon, City Attorney’s office, raised the issue of having the applicant ask for a deferral
five days in advance of the public hearing as stated in Article 5, Section E, 8, a. (1). It has been
discussed within Staff and it is an administrative requirement. The packets that are delivered to
you the commissioners would vary if a deferral were requested before five days. It was clarified
that it was five working days, not five calendar days.
Ms. Weldon provided a change to the bylaws striking Article 5, Section E, 8, a. (6) and adding a
section in Article 5, Section E, 8, b. at the first and renumbering the rest. She provided a
handout to the commission. The new text will be: (1) If the Applicant fails to provide proof that
DEPARTMENT OF PLANNING AND
DEVELOPMENT
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435
13
the public hearing notice was mailed as required within, the Commission shall defer action on
the application to allow the Applicant time to provide notice of the new public hearing date and
to submit proof that the required notice was sent. Only two such deferrals shall be allowed.
After two deferrals for failure to provide proof of notice, the application shall be removed from
the docket and may not be resubmitted for one (1) year. Ms. Weldon submitted a time limit of
three meetings. That was not in the original text, but she submitted it for the Commission to
review. Commissioner Wiedower asked if this was tied to the land or just to the owner; what if
the property was sold afterwards? Ms. Weldon stated that would be a different application since
it was a different owner. Questions arose if this had happened before. Mr. Minyard stated that
this has happened before with Jay Core on fencing at 1020 Rock Street. Ms. Weldon
elaborated on the types of deferrals as shown on the proposed text. The item was not voted on,
and no motion was made at this time.
Following is a copy of the text with edits shown as such to include all edits to date: added text
deleted text
STAFF UPDATE: May 9, 2011
This item was deferred until the City of Little Rock Board of Directors approved the ordinance
changes. That occurred April 19, 2011. The bylaws are as presented before with the exception
of the number of commissioners has been edited to seven and the number required for a
quorum has been edited to four. Following is a copy of the text with edits shown as such to
include all edits to date: added text deleted text
COMMISSION ACTION: June 13, 2011
Mr. Brian Minyard, Staff, summarized the changes to the bylaw draft since the commission saw
it last. The changes are the number of commissioners added with the ordinance revision; 100
day versus 90 day clause; the quorum changed with the additional members; and Debra
Weldon, City attorney’s office, made some changes to increase readability. Changes on
withdrawals and deferrals noted on page ten were generated by the Commission earlier.
On page 8, majority vote, is an item that is new to the Commission on the dismissal and
withdrawal of an item. Dismissal means an item goes away without hearing the item. This is
not a denial. Commissioner Julie Wiedower asked if any item has been added. Ms. Weldon
clarified that the concept on page eight with the majority votes and on page four with notices of
deferred items were new to the commission.
Commissioner Wiedower asked why the executive session section was deleted. Ms. Weldon
stated that it was unneeded since we did not hire staff. Mr. Minyard stated that the commission
did not have a line item in the budget and grants were the only money that the staff dealt with.
Staff is to distribute bylaws to the commission and thirty days later, the commission can vote on
them.
Ms. Weldon stated that on the first paragraph page one, the text “as amended by Little Rock
Ordinance No. 20,414” should be underlines as it is new text.
Commission Wiedower asked Staff to clarify “Deferral by the Commission”. After discussion, it
was decided that the last minutes were in error, a typo was in error, the deferral will not count
against the applicant.
Mr. Minyard clarified that Ordinance 20,414 added two commissioners to the board. A separate
ordinance changed the 100 day verses 90 day and the visibility from the street changes. The
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latter ordinance will not need to be added to the bylaw since it is not dealing with procedural
issues.
Commissioner Hendrix asked about the number of commissioners and the outcome of the last
meetings. Mr. Minyard asked of which item she was speaking. Commissioner Wiedower
explained that she was here for part of the hearing, but not all of the hearing.
Commissioner Chris Vanlandingham asked why the area of impact was to be decided by a
simple majority and not a majority of the entire commission. Ms. Weldon stated that a default
distance was established by the commission and to change it is procedural therefore it can be a
simple majority of those present as stated on page 8 of the bylaws.
Chairman Peters stated that it was hoped that the vote on the bylaws would be in July.
Commissioner Hendrix stated that she thought that the word Secretary should
Secretary/Planner. Mr. Minyard said that he did not object to the word Secretary. She asked
about the timeline. Mr. Minyard stated that the process was stared in the fall of 2009, the
Commission was ready to go to the Board of Directors in June 2010 and now it is June 2011.
Commissioner Hendrix was asking for more time to digest the material. Mr. Minyard stated that
the timeline was up to her fellow commissioners. It will remain on every agenda until it is voted
upon.
There was a discussion on whether or not the new commissioners should vote on the.
Chairman Peters stated that three years ago, his reapplication letter stated that one of the
ongoing projects were to finish the bylaws. He asked that the commissioners revew the bylaws
in the meantime and vote on the bylaws at the July meeting.
There was a discussion on whether the board’s action changed the quorum requirements to
change the bylaws. Staff will research this and get back to the Commission on this action.
Staff encouraged the Commissioners to read the bylaws and get any questions to Staff so that
any changes could be sent out ten days in advance of the next commission hearing.
COMMISSION ACTION: July 11, 2011
Brian Minyard Staff did not make a presentation of the item since the text item is exactly as it
Commissioner Wiedower asked about the word electors in the bylaws. Debra Weldon stated
that it meant that they were eligible to vote. After discussion, it was decided that this was a
question for the City Clerk.
A discussion was held on electing officers at the June meeting instead of the end of the year as
has been done before. There was no change in the text after the discussion.
Commissioner Wiedower asked about Article V B 8, Additional Motion of Commission… Ms.
Weldon explained that in some instances, an item needs to be addressed by the Commission
that does not result in a COA. This covers those occurrences.
A discussion was held on Article V D 3, Motion and voting on a COA, Commissioner Wiedower
questioned if the Staff and commission was doing this and if not, should it be in the bylaws. Mr.
Minyard and Ms. Weldon concurred that the minutes of the meetings suffice on this. It was
noted that “no” votes are noted for the record after the vote. Why the commissioner vote no
should be recorded in the minutes since the appeal of a decision is court.
15
After discussion and agreement by Staff and Commissioners, the text will read as follows:
“Any matter of business requiring action by the Commission may be presented by oral
motion, and the members present may vote thereon by simple voice vote. In the
case that said motion is to approve or deny a Certificate of Appropriateness,
Commissioners shall state for the record the reasons for approval or denial of the
motion. In case of a split vote, the Chair may ask for a show of hands. The minutes
shall indicate the voting to be “denied” or “passed” and the name of any abstainer.”
It was noted that Staff should restate the recommendation after COA’s have been amended
by the applicants.
Article V D 4, Majority Vote A majority of the full membership… Staff stated that this is for items
that have never perfected their application by never doing their public notices, or attending the
hearings, etc.
In Article V E 8 b (1) a discussion was held on what a “full quorum” meant. Afterward, the
Commission and Staff agreed to this text to read as follows:
“(1) Prior to opening the floor to a public hearing where there are five or fewer
Commissioners in attendance, the Historic District Commission Chair shall
explain that approval of an application for a Certificate of Appropriateness
requires four (4) affirmative votes and shall ask if the applicant would like to defer
their public hearing to the next regularly scheduled Commission meeting. A
deferral for lack of a full quorum shall be considered a deferral by the
Commission.”
Extreme amendments to an application may require new drawings, thus the commission should
defer the application to a later meeting. Staff or Commission should make the call during the
meeting to ask for more drawings and a deferral. Staff will notify the property owners of the
deferred hearing.
Commissioner Julie Wiedower made a motion to accept the bylaws with the 2 corrections as
noted. Commissioner Randy Ripley seconded and the motion passed 5 ayes and 0 noes.
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BY-LAWS
LITTLE ROCK HISTORIC DISTRICT COMMISSION
Article I. Authorization
The Little Rock Historic District Commission is established by Little Rock Ordinance No. 13,154,
as amended by Little Rock Ordinance No. 20,414, and pursuant to Arkansas State Act 882 of
1975 as amended.
Article II. Purpose of the By-laws
It is the intent of these bylaws to prescribe the organization of the Little Rock Historic District
Commission; to provide for the equitable and expeditious implementation of procedures
required by Arkansas statute and Little Rock ordinance, to direct the conduct of its affairs, to
inform the impacted area of its proceedings and to keep records of those results for the general
public.
Article III. The Historic District Commission
A. Members and Terms
1. Commission shall consist of five (5) seven (7) members appointed by the Mayor, subject
to confirmation by the Board of Directors and who shall be electors of the City of Little
Rock holding no salaried or elective municipal office.
2. The appointments to membership shall be so arranged that the term of at least one (1)
member will expire each year, and their successor shall be appointed in a like manner
for terms of three (3) years.
3. Vacancies shall be filled in like manner for the unexpired term.
4. Members who are appointed to fill vacancies for unexpired terms shall join the
Commission at the next meeting following their appointment and confirmation.
5. The appointing authority shall have the power to remove any member of the
Commission for cause and after public hearing; provided, however, any member of the
Commission who shall be absent from three (3) or more consecutive scheduled calendar
meetings may be removed from office without hearing upon certification of such fact by
the secretary of the Commission to the City Manager.
6. The Commission shall elect a chair and vice chair annually from its own number at the
last meeting of the year.
7. The Commission may adopt rules and regulations in conformity with Arkansas law and
the Little Rock Code and may, subject to appropriation, employ clerical and technical
DEPARTMENT OF PLANNING AND DEVELOPMENT
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435
17
assistants or consultants and may accept money, gifts, or grants and use them for these
purposes.
B. Officers
1. Chair and Vice Chair.
a. The Chair and Vice Chair shall serve for a period of one (1) year. The Chair, and Vice
Chair, may succeed him or herself in office but shall not serve consecutively for more
than three (3) consecutive years.
b. The Chair shall preside at all meetings and hearings of the Commission. In the event
of the absence or disability of the Chair, the Vice Chair shall preside. In the event of
the absence or disability of both the Chair and Vice Chair at any meeting, the oldest
appointive member in point of service shall act as Chair during such meeting.
c. The Chair shall present to the Commission for its approval the names of all persons
appointed to committees established by the Commission. The Chair shall designate
one (1) member of such committee to serve as the committee Chair.
d. The Chair shall sign all approved minutes, and when authorized, other documents on
behalf of the Commission.
2. Secretary.
a. The Office of Secretary shall be held ex-officio by the Director of Little Rock Planning
and Development or his designated representative.
b. The Secretary shall attend all meetings of the Commission and be responsible for
shall :
(i) maintaining maintain a record of the rules and regulations of the Commission;
(ii) maintaining maintain a record of the organization of the Commission and its staff;
(iii) maintaining maintain a record of the current membership of the Commission with
their terms of office;
(iv) preparing prepare the agendas of items to be considered at a meeting.
(v) keeping keep the minutes of each meeting;
(vi) carrying carry on routine correspondence; and
(vii) maintaining maintain the files of the Commission.
Article IV. Meetings
A. Regular Meetings
1. Date.
The Commission shall, at the last regular meeting of each year, adopt a calendar of
regular meeting dates for the forthcoming year as required by Ordinance.
2. Time.
The Commission shall meet regularly as indicated by the adopted calendar.
3. Place.
The Commission shall meet regularly in the Board of Directors’ Chamber or such other
places as directed by the Commission.
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4. Notice of Public Hearing .
a. To the Commissioners: The Secretary shall mail mailing of a copy of the agenda to
each Commissioner one (1) week prior to the date set for a meeting. The agenda
shall constitute notice of such the meeting and of any public hearings identified on
the agenda . On the morning of the day of a meeting, the Secretary shall remind
each Commissioner shall be reminded of the meeting by telephone call by the
Secretary .
b. To the General Public: Legal Notice – Notice of public hearings on regulations,
ordinances or amendments thereto, or on applications for a Certificate of
Appropriateness shall be published at least one (1) time in a newspaper having
general circulation throughout the city at least fifteen (15) days prior to the hearing.
Notice of a public hearing on the establishment of a proposed historic district shall be
provided by publication in a newspaper of general circulation in the city once a week
for three (3) consecutive weeks, with the first such notice to be at least twenty (20)
days prior to the public hearing.
c. To the Applicant and Affected Property Owners : (i) Notice of a public hearing on a
Certificate of Appropriateness shall be sent by the Secretary to the applicant by
regular mail postage prepaid at least twenty-five (25) days before the hearing.
d. To Affected Property Owners: Notice of public hearing on a Certificate of
Appropriateness shall also be sent by the applicant to the owners of properties
materially affected by any of the changes proposed in said application. Such notice
shall be sent by certified mail return receipt requested at least ten (10) days prior to
the hearing. The cost of such notice shall be paid by the applicant.
(ii) The properties within one hundred fifty (150) feet of an applicant’s property are
deemed materially affected by the changes proposed in the application, unless
otherwise determined by the Historic District Commission within thirty (30) days after
receipt of the application.
5. Notice of Public Hearing Deferral Date .
Notice of the date for a deferred public hearing shall be sent to affected property
owners, as described above, by the Secretary at the expense of the Little Rock
Planning and Development Department. Notice of the deferral date shall be sent by
regular mail at least ten (10) days prior to the deferred hearing. This supplemental
notice requirement shall not apply to deferrals caused by the applicant’s failure to
complete the public hearing notice requirements described in subsection 4(d) above. In
such cases, the applicant shall send notice of the new public hearing date at his or her
own expense.
5. 6. Procedure.
All meetings and public hearings of the Historic District Commission are subject to the
procedural requirements set out in Chapter 23 of the Little Rock Code pursuant to
Arkansas statute and as amended from time to time.
B. Called Meetings
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Special meetings may be called by the Chair, or at the request of the Secretary, or by a
quorum of the Commissioners, or by a majority of those present at a regular or called
meeting. Notice of such meeting shall be given as prescribed for a regular meeting,
unless such the called meeting is to be held within less than three (3) days, in which
case, notice by telephone shall suffice if a public hearing is not required and if Freedom
of Information Act public meeting notice requirements are met. Announcement of a
special meeting at any meeting at which a quorum of the Commission is present shall be
sufficient notice to the Commissioners who are present .
C. Adjourned Meetings
Where all applications cannot be disposed of on the day set, the Commission may
adjourn from day-to-day or as necessary to complete the hearing of all items docketed.
A majority vote of those present shall be required to adjourn.
D. Executive Session
The Commission may, either before, during or after any meeting, sit in executive or
private session. No official business shall be transacted during such session except
privileged matters relating to personnel hi red by the Commission as allowed by law .
Article V. Conduct of Business
A. Order of Agenda
All meetings shall be conducted in accordance with the agenda which shall enumerate
the topics and cases in the following sequence:
1. Roll Call.
2. Finding of a Quorum.
3. Approval of Previous Minutes.
4. Deferred Certificates of Appropriateness.
5. New Certificates of Appropriateness.
6. Other Matters.
7. Adjournment.
B. Order of Hearing
At a public hearing, the order shall be as follows:
1. Announcement of the Subject by the Chair.
2. Summary of Proposal and Report of Staff Findings and
Recommendations by Secretary/Staff.
3. Petitioner’s or Applicant’s Presentation.
4. Objector’s or Interested Property Owner’s Presentation.
5. Petitioner’s Rebuttal.
6. Questions and Discussion by Commissioners.
7. Commission Vote on the Request as Filed.
8. Additional Motion of Commission as May Be Required to Dispose
of an Issue. (Such motion shall be placed in the positive).
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C. Standard Rules of Procedure
Except as may otherwise be set forth in these by-laws, parliamentary procedure shall be
as prescribed in the latest edition of Roberts’ Rules of Order, Revised.
D. Special Rules of Procedure
1. Quorum.
A quorum for the transaction of business shall be three (3) four (4) members.
2. Vote and Proxy.
Each Commissioner, including the Chair, shall be entitled to one (1) vote. No
Commissioner shall cast a vote for another Commissioner by proxy. Any member of the
Commission who shall have an economic interest in any property or decision relating to
such property, which shall be the subject matter of, or affected by, a decision of the
Commission shall be disqualified from participating in the public discussion or
proceedings in connection therewith. Any Commission member may upon disclosure of
his or her interest participate in agenda meeting discussions of an informational nature
concerning said subject. In the event that any member of the Commission is uncertain
as to whether or not a conflict of interest exists, that member should obtain an opinion
from the Office of the City Attorney before either participating in the discussion or voting
on the application.
3. Motion and Voting on a Certificate of Appropriateness.
Any matter of business requiring action by the Commission may be presented by oral
motion, and the members present may vote thereon by simple voice vote. In the case
that said motion is to approve or deny a Certificate of Appropriateness, the chair of the
Commissioners shall prepare and circul ate to the other Commission members a
statement of the state for the record the reasons for approval or denial of the application
motion. Said statement, including such comments as other members may wish to add,
shall be returned to the Secretary of the C ommission within fifteen (15) days of the
Commission’s action and shall become a part of the permanent record. In case of a split
vote, the Chair may ask for a show of hands. The minutes shall indicate the voting to be
“denied” or “passed” and the name of any abstainer. Voting on election of officers in
which there is a contest shall be by written ballot.
4. Majority Vote.
a. These rules may be amended or modified by an affirmative vote of not less than three
(3) four (4) members of the Commission, provided that such amendment be
presented in writing at a regular meeting and action taken thereon at a subsequent
regular meeting or as otherwise provided in Article VII of these by-laws.
b. A majority of the full membership of the Commission shall be required in order to
dismiss an application for a Certificate of Appropriateness or to take final action on
the issuance of a Certificate of Appropriateness.
c. A majority vote of the members in attendance shall be required to resolve
procedural matters including, but not limited to, election of officers, amendment of
the order of business, determination of an area of impact for a particular
application, and deferral of a public hearing for less than 100 days.”
5. Conduct of Hearing.
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Public hearings shall be conducted informally, and the Chair shall make all rulings and
determinations regarding the admissibility of evidence, the scope of the admissibility of
evidence, the scope of the inquiry, the order in which evidence, objections and
arguments shall be heard, and other like matters, except that any member shall be
privileged to make inquiries personally and to call for a vote on any ruling of the Chair
with which he does not agree, whereupon the vote shall determine the effective ruling. It
shall be the purpose of the Chair to expedite all hearings, confining them to the
presentation of only essential matters in the interest of saving time, but entertaining the
presentation of sufficient matter to do substantial justice to all concerned.
6. The Secretary of the Commission shall affix an identification tag which includes the case
number and an exhibit designation in sequence beginning with “A” to each item, visual or
written, formally presented to the Commission at the time of the material’s introduction to
the Commission, which is designated by the applicant or other parties testifying before
the Commission as a submission to form part of the record upon which the Commission
makes its decision.
E. General Policies
1. Formal Action.
No request to discuss an issue or issues at a public hearing which are not docketed for
said hearing may be acted upon formally by the Commission.
2. Closing of Docket.
No application for a Certificate of Appropriateness shall be submitted to the Commission,
or prepared by the Secretary for submission, unless the same has been filed in the
required fashion and no later than the docket date established by the adopted calendar.
The staff shall investigate and consider each application, advertise the hearing, and
present its findings, on an area wide basis rather than an individual site basis.
3. Open Meetings.
All meetings of the Commission shall be open to the public as required by law (other
than executive sessions) .
4. Public Hearings.
All items for which Commission action is required by law or ordinance shall be made the
subjects of open public hearings, and after public notice as prescribed by law or
ordinance.
5. Public Records.
All minutes of Commission meetings and all petitions, applications, reports and other
documents on which action has been taken by the Commission shall be open to the
public and available for inspection at reasonable times.
6. Reconsideration of Denied or Amended Applications.
a. Expunging Actions.
The Commission may, when it deems necessary and for cause, expunge any motion
and subsequent action in order to introduce a substitute motion for other action. The
motion to accomplish such shall be made immediately and preceding the introduction
of the next item of business on that agenda. When an item has been voted on and
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passed over for the next item of business, it shall not be recalled at that meeting for
further action.
b. Reconsideration.
No application for a Certificate of Appropriateness for property shall be considered if a
former application embracing the same property or a portion thereof has been denied by
the Commission within a period of 12 months preceding the application, except for cause
and with unanimous consent of all members present at a regular meeting. If the
Commission decides to rehear a case it will require legal ad, notice to owners, etc., as
required for new application.
If an application for a Certificate of Appropriateness for property embracing the same
property or a portion thereof has been previously denied by the Commission or
withdrawn by the applicant, the Commission shall not grant a Certificate of
Appropriateness pursuant to an application for a Certificate of Appropriateness for such
property unless a material change has been made by the applicant, which change is
clearly designated by the applicant in the application, in the proposed erection,
alteration, restoration, moving or demolition of buildings, structures or appurtenant
fixtures on such property or portions thereof from that contained or proposed in the
previous application(s) previously been denied by the Commission.
7. Withdrawals.
No An application which has been docketed advertised for public hearing and advertised
for such hearing shall may not be withdrawn by the applicant except as follows:
a. Except for cause and with a written request, five working days prior from the applicant
of record, no case shall be withdrawn.
b. When the public hearing has already been advertised, the Commission must
authorize the withdrawal by motion in the public hearing.
c. In the event the case is withdrawn after the public hearing has been advertised, that
same case shall not be resubmitted for a period of one year.
d. No applicant shall be allowed to with draw an application during the public hearing.
Specific action must be taken by the Historic District Commission to remove an item
from the agenda.
a. The applicant’s request for withdrawal of an application must be submitted in writing
at least five working days prior to the date of the advertised hearing.
b. The request for deferral must state the reason for the withdrawal.
c. The applicant’s request for withdrawal must be approved by a majority vote of the
Commission members present.
d. If the application is withdrawn, the same application for a Certificate of
Appropriateness may not be resubmitted for a period of one (1) year .
8. Deferrals.
No An application for a COA which has been docketed advertised for public hearing and
advertised for such hearing shall may be deferred except only as follows:
a. Except for cause and with a written request five working days prior from the applicant
of record, no case shall be deferred.
b. In the event a case my require an additional deferral, a re -noti fication of property
owners shall be required.
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c. No single request for deferral shall be granted for more than ninety consecutive days,
except by unanimous vote of all members present.
d. In no case shall more than two requests for deferral from an appl ication be granted.
e. In the public hearing, the Historic District Commission may for cause defer an
application on its own motion. The length of the deferral shall be specified by the
Commission in the motion.
a. Deferral Requested by the Applicant
(1) The applicant’s request for deferral must be submitted in writing at least five
working days prior to the date of the advertised hearing.
(2) The request for deferral must state the reason that a deferral is needed and
must specify the proposed length of the deferral.
(3) The applicant’s request for deferral must be approved by a majority vote of the
Commission members present.
(4) No single request for deferral by an applicant shall be granted for more than
one hundred (100) days, except by unanimous vote of all Commission
members present.
(5) In no case shall more than two requests for deferral by an applicant be granted
by the Commission.
(6) Notice of the date of the deferred public hearing shall be sent as required in
Article IV above.
(7) If the applicant is not prepared to move forward after two deferral requests
have been granted by the Commission, the following options are available to
the Commission as circumstances require:
(i) Hold the public hearing and grant or deny the application;
(ii) Defer the public hearing on the Commission’s own motion for cause; or
(iii) Dismiss the application without prejudice or with prejudice against refilling
the same application within one (1) year.
b. Deferral by the Commission.
(1) Prior to opening the floor to a public hearing where there is less than a full
quorum of the are five or fewer Commissioners in attendance, the Historic
District Commission Chair shall explain that approval of an application for a
Certificate of Appropriate-ness requires four (4) affirmative votes and shall ask
if the applicant would like to defer their public hearing to the next regularly
scheduled Commission meeting. A deferral for lack of a full quorum shall be
considered a deferral by the Commission.
(2) During a public hearing, the Historic District Commission may defer
consideration of the application by a majority vote of the Commission members
present.
(3) In its motion for deferral of an application, the Commission must state the
reason for the deferral and must specify the length of the deferral.
(4) No application for a Certificate of Appropriateness for a purpose other than
demolition shall be deferred at the insistence of the Historic District
Commission longer than one hundred (100) days from the date of the first
public hearing without the consent of the applicant.
(5) Notice of the date of a deferred public hearing shall be sent as required in
Article IV above.
c. Deferral for Failure to Meet Statutory Notice Requirements.
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(1) If the applicant fails to provide proof that notice was mailed to affected property
owners, as required in Article IV above, the Commission shall defer the
application to allow the applicant time to provide required notice of the deferred
hearing.
(2) After three such deferrals for failure to provide proof of notice, the application
shall be dismissed without prejudice to refile.
(3) Notice of the public hearing and of each deferred hearing shall be sent as
required in Article IV above, at the sole expense of the applicant.
9. Applicant Attendance at Meeting.
The applicant of each item docketed shall be present or represented at the meeting and
prepared to discuss the request.
10. Precedents.
No action of the Commission shall be deemed to set a precedent. Each item docketed
shall be decided upon its own merit and circumstances attendant thereto.
11. Dissent.
If a member of the Little Rock Historic District Commission wishes to dissent from a
majority opinion of the Commission, he or she shall communicate a written minority
opinion to the following:
a. All members of the Historic District Commission,
b. The Secretary of the Historic District Commission who will note it in
the record.
12. Submitted Materials.
All materials, written, graphic or otherwise, presented to the Commission for
consideration shall become the possessions of the Commission for a period of 90 days
after the Commission’s action. In the event that legal measures contesting the
Commission’s decision are taken within this time period, said materials shall remain in
the possession of the Commission until such time as these legal measures are
exhausted.
Article VI. Design Guidelines
It shall be the Commission’s responsibility to see that the Macarthur Park Historic District
Design Guidelines, adopted pursuant to Little Rock Ordinance No. 14042 Section 4, are
periodically reviewed for needed revision. A thorough review of the Design Guidelines shall be
carried out, at minimum, every five years.
Article VII. Amendments
These by-laws may be amended or repealed by an affirmative vote of not less than three four
members of the Commission. A proposed amendment, or a motion to repeal, shall first be
presented in writing at a regular meeting and placed on the agenda of a subsequent regular
meeting for action, unless ten days written notice has been given to all Commissioners, in which
case action may be taken at any regular or called meeting.
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Article VIII. Waivers
Any procedural provision of these by-laws that is not required by Arkansas statute or Little Rock
ordinance may be waived by a majority vote of the members present.
ATTEST:
__________________________ ________________________
Brian Minyard, Secretary Marshall Peters, Chair
Date: _____________________