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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 2 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. 4 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 5 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. 6 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. 10 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). 11 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 14 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. 16 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. 18 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 19 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). 20 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. 21 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 22 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. 23 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. 24 (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. 25 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: _____________________