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04-06-04City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham April 6, 2004 G'XIIIm The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey, Graves and Kumpuris. Director Adcock gave the Invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. M -1. RESOLUTION NO. 11,720 - Expressing the willingness of the City of Little Rock to utilize federal -aid monies for certain city projects. Synopsis: Job 061121, Little Rock Bike Connector (50, F.A. P — 9253(50). Preliminary Engineering will be funded with 80% Federal -aid funds with the City providing the 20% matching share. M -2. RESOLUTION NO. 11,721 - To authorize the City Manager to enter into a contract with LEECO for the purchase of leather structural firefighting boots. synopsis: The Fire Department requests an annual contract with LEECO for the purchase of leather structural firefighting boots. M -3. RESOLUTION NO. 11,722 - To authorize the City Manager to enter into a contract with Pierce Manufacturing for the purchase of one Bomb Disposal Truck in the amount of $261,990; and for other purposes. Synopsis: Four proposals were received for Bid #4220. Pierce Manufacturing is the lowest bidder meting all minimum specifications at $261,990. FEMA Grant Account #700 -340- X049 - 7060 -10. M -4. RESOLUTION NO. 11,723 - To award a contract to Stuck Associates Architects in the amount of $111,985 to provide architectural and engineering services for the Zoo entry plaza; authorizing the City Manager to enter into a contract with Stuck Associates Architects for such services and for other purposes. (2004 Bond Project.) Synopsis: This resolution awards a contract to Stuck Associates Architects for architect and engineering services for a new entry plaza complex at the Little Rock Zoo and authorizes the City Manager to enter into a contract for such services. The funds for this contact will come form the Zoo Bond Accounts 317 - 235- EP -0l, 317- 235 -EP02, and 317 - 235 -EP03. M -5. RESOLUTION NO. 11,724 - To award a contract to Gaskin Hill Norcross in the amount of $111,250 to provide architectural and engineering services for the conversion of the Lion House to an African- themed restaurant; authorizing the City Manager to enter into a contract with Gaskin Hill Norcross for such services; and for other purposes. City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM (2004 Bond Project.) Synopsis: This resolution awards a contract to Gaskin Hill Norcross for architect and engineering services for conversion of the Zoo Lion House into an African - themed restaurant and authorizes the City Manger to enter into a contract for such services. The funds will come from Zoo Bond Account 317 - 235 -LHO1. M -6. RESOLUTION NO. 11,725 - Awarding a contract to Carter Burgess, Inc. for program coordination for the 2004 Capital Improvement Bond Program. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Carter & Burgess, Inc. Engineers in the maximum amount of $265,000 for engineering services to perform program coordination services for street reconstruction, drainage, and sidewalk projects in the 2004 Bond Program. DEFERRAL 27. PUBLIC HEARING &ORDINANCE LU04 -15 -01 - To appeal the Planning Commissions decision of denial of the Land Use Plan Amendment at Sibley Hole Road and Meadows Road in the Geyer Springs West Planning District. Staff recommends denial. Planning Commission recommended denial on January 29, 2004, by a vote of 11 no, 0 yes. (Deferred at applicant's request). Synopsis: Land Use Plan amendment in the Geyer Springs West Planning District from Light Industrial to Industrial. 28. PUBLIC HEARING & ORDINANCE Z -7561— To appeal of the Planning Commission's action in denying Coburn Short -form PD -I located at 10601 Sibley Hole Road. Staff recommends denial of the requested PD -I, Planning Commission voted to recommend denial on January 29, 2004, of the PD -I by a vote of 0 yes, 11 no. Synopsis: The applicant proposes to rezone the site from I -2, Light Industrial to PD -I to allow outdoor sandblasting to take place on the site. Director Adcock made a motion, seconded by Director Cazort to add items M -1 — M -6 to the consent agenda, and defer Items 27 and 28. By unanimous voice vote of the Board members present, the modifications were made to the agenda. PRESENTATIONS: CAFR Award — Kara Bushkuhl (April 6, 2004) Proclamation — Fair Housing Month — Carlette Henderson (April 6, 2004) Employee Appreciation Week — April 12 -17, 2004 CONSENT AGENDA (1 -8) 1. MOTION - Z -7506 - To set the date of Public Hearing for April 20, 2004 to rescind the Little Rock Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property located at 10211 Republic Lane. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit to allow a day care family home on the R -2 zoned property at 10211 Republic Lane. 2 City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM 2. MOTION - Z -7507 - To set the date of public hearing for April 20, 2004, to rescind the Little Rock Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property located at 7516 Vega Drive. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit to allow a day care family home on the R -2 zoned property at 7516 Vega Drive. 3. Z -7510 — To set the date of public hearing for April 20, 2004 to rescind the Little Rock Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R. -2 zoned property located at 5200 Westminster Drive. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit to allow a day care family home on the R -2 zoned property at 5200 Westminster Drive. 4. RESOLUTION NO. 11,726 - -Z- 4454 -A — To set the date of public hearing for April 20, 2004 to repeal Ordinance No. 18,564 and revoke a Planned Zoning District titled Miller Short-Form POD located at 15122 Cantrell Road; and for other purposes. Planning Commission: 9 }yes, 0 no, 2 absent. Staff recommends approval of the requested revocation. Synopsis: The applicant requests that the existing POD zoning be revoked and the property revert to its original R -2 zoning. 5. RESOLUTION NO. 11,727 - To award an engineering contract to Garver Engineers, LLC for detailed design and preparation of construction plans, right -of -way and easement acquisition documents and estimates for constructing South Loop By -pass from Mabelvale West Road to Alexander Road as an arterial (2 lane) street. Synopsis: Authorizes the City Manager to execute a contract with Garver Engineers, LLC in the amount of $297,660 for detailed design and preparation of construction plans, right -of -way and easement acquisition documents and estimates for construction of South Loop Bypass from Mabelvale West Road to Alexander Road as an arterial (2 land) street. The project was selected for funding through the 1988 Bond, 6. RESOLUTION NO. 11,728 - To authorize the City Manager to enter into contracts with various vendors for the purchase of asphaltic material for the Public Works Operations Street Department. Synopsis: An annual contract with various vendors for the purchase of asphaltic material for the Public Works Operations Street Department. The purchase price will be at least $50,000. 7. RESOLUTION NO. 11,729 - To authorize the City Manager to enter into contracts with various vendors for the purchase of mineral aggregate for the Public Works Operations Street Department. Synopsis: An annual contract with various vendors for the purchase of mineral aggregate for the Public Works Operations Street Department. These purchase cost will be at least $50,000. S. RESOLUTION NO. 11,730 - To authorize the City Manger to execute an agreement with the low bidder, Lasiter Construction, Inc. for asphalt resurfacing in all seven wards within the City of Little Rock, Arkansas. 2004 Bond Project. Synopsis: Authorizes the City Manager to enter into an agreement with Lasiter Construction, Inc. for asphalt resurfacing in all seven wards within the City of Little Rock, Arkansas. The funds are available from the 2004 Bond Issue. The total amount for construction is $2,499,154.80 plus a 20% contingency. 3 City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM The Consent Agenda was read. Consisting of items M -1 — M -6 and Items 1 -8. Director Wyrick rescued on Item 5, and voted in favor of Items MI -M4, M -6, and Items 1 -8. Directors Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Cazort, Mayor Dailey, Graves and Kumpuris, vote in favor of Items M -1 — M -6, and Items 1 -8 of the Consent Agenda. Citizens Communications was the next item considered. Speaker: Lee Anna Dotson 3908 American Manor Little Rock, AR Topic: The need for a sidewalk in her neighborhood GROUPED ITEMS: Items 9 - 24 9. ORDINANCE —NO. 19,066 - LU04 -01 -01 To amend the Land Use Plan (16,222) in the River Mountain Planning District (at northwest corner of Taylor Loop Road and Cantrell Road) from Transition to Commercial and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent). Staff recommends approval. Synopsis: Land Use Plan amendments in the River Mountain Planning District from Transition to Commercial for future development. 10. ORDINANCE NO. 19,067 - LU04 -18 -01 — To amend the Land Use Plan (16,222) in the Ellis Mountain Planning District (north of Kanis, southeast of Pride Valley Road), from Single Family to Suburban Office) Planning Commission: 9 yes, 0 no, 2 absent). Staff recommends approval. Synopsis: Land Use Plan amendments in the Ellis Mountain Planning District from Single Family to Suburban Office for future development. 11. ORDINANCE NO. 19,068 - S- 1310 -B - To grant variances from various lot development standards of Chapter 31 of the code of ordinances of the City of Little Rock, Arkansas; providing for a variance to allow the creation of a lot without public street frontage for the Cantrell Loops Subdivision — Revised Preliminary Plat, located north of Cantrell Road at Taylor Loop Road. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved preliminary plat to create an additional lot. 12. ORDINANCE NO. 19,069 - S- 1409 -A — To grant variances from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for variances to allow the creation of double frontage lots, an increased lot depth to width ratio for selected lots and a reduced front yard building line for selected lots for the Madison Valley Subdivision — Revised Preliminary Plat, located south of Taylor Loop Road on Montgomery Road. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved plat to increase the total area and the number of single - family lots. in City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM 13. ORDINANCE NO. 1.9,070 - S- 45 -A -56 — To grant a variance from various lot standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow the creation of a lot without public street frontage for the Otter Creek Plaza Subdivision — Preliminary Plat, on the northwest corner of the Otter Creek Road and Stagecoach Road. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved preliminary plat to develop this C -3 zoned site with four (4) non - residential lots. 14. ORDINANCE NO. 19,071 - S -686 -D — To grant a variance from various lot standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow the creation of pipe stem lots, a decreased width of a pipe stem and an increased depth of the pipe stem for the River Ridge Pointe Subdivision Lot 2 Re -Plat, located on River Ridge Road. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to re -plat a previously platted five (5) acre lot into two single - family lots. 15. ORDINANCE NO. 19,072 - Z- 6219 -A — To approve a Planned Zoning Development and establishing a Planned Office District titles Bella Rosa Drive Long - Form Planned Office Development located on the southwest corner of Cantrell Road and Bella Rosa Drive in the City of Little Rock, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, Ono, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 to POD to allow the site to develop with an office /mini- warehouse development. Vi[1Ji1MF41yl�L 1r V, lY,U'1� - i Taylor Loop'' Road, in the City of Little Rock, Arkar Map of the City of Little Rock, and for other purpose no, 2 absent. Staff recommends approval. Synopsis:' from R -2 to PCD to allow the site to develop with a strip retail c District uses. Road at Zoning 9 yes, 0 17. ORDINANCE NO. 19,074 - Z- 7225 -A — To approve a Planned Zoning Development and establishing a Planned Office District titled Grace Presbyterian Church Long -Form POD located at 9301 North Rodney Parham Road, in the City of Little Rock, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 to POD to allow the creation of a two -lot plat. An existing church sits on one lot and the applicant proposes the construction of a new office building for the State Presbytery on the second lot. 18. ORDINANCE NO. 19,075 - Z- 7327 -B — To approve a Planned Zoning Development and establishing a Planned Commercial District titled Shear Magic Short- 5 City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM Form PCD located at 1911 West 2 "d Street, in the City of Little Rock, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow an additional use to the site. 19. ORDINANCE NO. 19076 - Z -7579 — To approve the a Planned Zoning Development and Establishing a Planned Office District titled IUOE Short -Form PD -O located at 5516 West 11th Street, in the City of Little Rock, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, Ono, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -3 to PD-0 to allow the site to redevelop with a medical equipment sales and supply business. 20. ORDINANCE NO. 19,077 - Z -7582 - To approve a Planned Zoning Development and establishing a Planned Residential District titled Gardner Short -Form PD -R located at 705 Beechwood Street, in the City of Little Rock, Pulaski County, Arkansas; amending the Official Zoning map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -5 to PD -R to allow the site to develop with three residential units. 21. ORDINANCE NO. 19,078- Z -7583 — To approve a Planned Zoning Development and establishing a Planned Residential District titled Marshall Short -Form PD -R located at 5405 Stanley Drive, in the City of Little Rock, Arkansas; amending the Official Zoning map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -5 to PD -R to allow the construction of a private laundry facility. 22. ORDINANCE NO. 19,079 - Z -7584 — To approve a planned zoning development and establishing a planned office district titled G & S Short -Form PD-0 located north of Kanis Road, southeast of Pride Valley Road, in the City of Little Rock, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 to PD-0 to allow the conversion of an existing single- family home into an office use. 23. ORDINANCE NO. 19,080 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for Gooch Drive. . Planning Commission: Consent Agenda. Staff recommends approval. Synopsis: Authorizes a five -year deferral of master Street Plan street improvements for Gooch Drive associated with a three -lot plat for Mike Stalcup, located on the southeast corner of Taylor Loop and Gooch Drive. 24. ORDINANCE NO. 19,081 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas providing for a waiver of master Street Plan Construction 2 City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM Requirements for 8914 Fourche Dam Pike. Synopsis: Applicant requests a waiver of Master Street Plan Requirement for constructing one half - street improvement to Fourche Dam Pike. In conjunction with a building permit, the applicant would be required to identify the street by 10 feet plus rebuild a 6 foot paved shoulder. The applicant's street frontage is 461 feet. SEPARATE ITEMS: Items 25 & 26 25. ORDINANCE NO. 19,082 - S -1417 — To grant a variance from various lot standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow an increased lot depth to width ratio for selected lots for the Amy Ridge Subdivision — Preliminary Plat, located on the southwest corner of Labette Drive and John Barrow Road. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to subdivide this 6.75 -acre parcel into 28 single- family lots. Two (2) of the lots will require a variance. The ordinance was read the first time. Mr. Steve Beck, Interim Planning Director stated this is a 6.7 -acre site, currently zoned MF -18. Mr. Beck stated what the Board is looking at tonight is two variances on the sub - division plat. He stated that before the proposed project is built it would have to be rezoned from Multi - Family to Single Family. The proposed subdivision, other than these two variances, meets all the requirements. He stated that what could be built there right now, as a matter of right, increased depth to width ratio. He explained that sometimes when there is a cul -de -sac there is very little 7 City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM street frontage, and it is not uncommon to request and grant variances. Mr. Beck stated there were several issues having to do with relocating water and sewer lines in this subdivision that have been taken care of. Director Adcock stated this is a new type of housing, a rental purchase type of housing, and asked who on staff would address that. She wanted an explanation of how that works, because it is not the usual tax credit that the Board is asked to look at. Mr. Beck stated that staff looks at not whether it is rental or whether people own it, but there is nothing in the ordinance that makes that distinction. Mr. Bob Turner, Acting City Manager stated that what is before the Board tonight, is generally standard variances required for a single family sub - division and rental property, and is an appropriate consideration whenever the letter of support comes before the Board. He stated it is an issue that should be considered with the letter of support rather than with this particular item. Mr. Turner stated if this were approved then the letter of support request would come before the Board and if this were not approved, then the letter of request would not be forthcoming. Director Adcock asked what would happen to the proposal if this were passed and then the Board voted no on the letter of support. Mr. Turner stated he thought that would then be up to the developer whether to pursue with the subdivision exactly as it has been passed, without any letter of support from the Mayor for other funding. Director Adcock stated this is the third time this property has been brought before the Board in the last several months. Mr. Turner conferred with Ms. Shayla Bebee, Assistant to the Mayor, who has been corresponding with the applicant, regarding the letter of support. Mr. Turner announced that the Board had in their packets, a letter from the applicant that basically requests the Board give consideration of this request, and if not approved, the applicant has indicated he would retain the Multi- family zoning, and proceed with a multi - family project as with their original plan. Mr. Turner stated the applicant had applied to build apartments the last time the request was before the Board. Director Cazort asked for the sketch for the plan to be brought up on the viewing screen. He stated this property is currently zoned MF -18, and the proposal is to subdivide this property into approximately twenty single family houses, but that is not what is before the Board tonight. What is before the Board is a variance request on lots twenty -two and twenty three because they are going to be longer than they are wide. He asked Mr. Beck if the applicant could change this to the single family homes assuming there was no need for a variance to change the lot size with out the Boards approval. Mr. Beck answered that no, other than the fact that it would need to be rezoned. Director Cazort said then, ultimately, the Board would consider the zoning question. Director Cazort clarified that even if the variance is denied, the applicant could still come back with a zoning request having redrawn the lot lines. Director Cazort stated that all the Board is being asked to consider tonight is the variances in the proposal, Lots 22 and 23. Director Keck made the statement that Director Adcock had brought forward that these homes were going to be rent houses, or lease purchase houses, and understood that there may be a commitment that requires someone to rent these homes for an extended period of time. He said he had heard everything from five years to fifteen years, and wanted clarification on that, and if that were not accurate would like to know what the plans are for that. Director Kumpuris urged the Board to consider the variances tonight, and when the issues come up about the project and how it is being done, to look at that issue at that City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM time, but did not think to mix the two misses at this point and time was good. Mr. Tom Carpenter, City Attorney, stated that all that is before the Board tonight is whether or not to grant the variances for the lot sizes. Mr. Pat McGetrick, representing the applicant, stated he was the engineer for this project and was representing the applicant as far as the preliminary Plat goes and did not have knowledge of what the zoning issues and use of the property were. He stated all they were asking for was the variances on the two lots, lot to depth ratio. He said the applicant would come back to the Board at a later date to request rezoning before the project proceeds. Director Adcock asked if the applicant was present. He was not. There were three speakers present who were opposed to project. The speakers were: Carolyn Heitman, who yielded her time to Doris Wright, both of who were representing the John Barrow Neighborhood Association. Ms. Wright stated the neighborhood was not opposed to the variance, which would only allow him to change two lots. That has to be done in order for the applicant to get the property rezoned to single family. Single family residential is what the neighborhood wants. What they do not want is rental property. She stated they are opposed to his method of financing because apparently there is something tied to this being rental property, and had stated she had no understanding of that, and asked the applicant to sit down with the neighborhood and let them work through this with him. Mollie Irvin, stated this was the third time it has been before the Board, the first time it was apartments, and the second time is was for elderly and handicapped, and now this. She said she is okay with the variances but not the proposed use, which she understood was rental property. Director Cazort moved to suspend the rules and place the ordinance on the second reading; Director Keck seconded the motion, and by unanimous voice vote of the Board members present being two - thirds in number the rules were suspended to provide for the second reading. The ordinance was read the second time. Director Adcock, seconded by Director Cazort made the motion to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number the rules were suspended to provide for the third and final reading. The ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance passed. 26. ORDINANCE NO. 19,083 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Construction Requirements for 2807 Willow Springs Road. Planning Commission: Consent Agenda. Staff recommends approval. Synopsis: Authorizes a waiver of street plan improvements under the Master Street Plan for a multiple residential building site plan on Willow Springs Road for Donald Black, Sr. The property is outside the corporate city limits, but within the extra - territorial boundary for subdivision review. PUBLIC HEARINGS: Items 27 — 30 27. PUBLIC HEARING &ORDINANCE - LU04 -15 -01 - To appeal the Planning Commissions decision of denial of the Land Use Plan Amendment at Sibley Hole Road X City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM and Meadows Road in the Geyer Springs West Planning District. Staff recommends denial. Planning Commission recommended denial on January 29, 2004, by a vote of 11 no, 0 yes. Synopsis: Land Use Plan amendment in the Geyer Springs West Planning District from Light Industrial to Industrial. Deferred indefinitely (See modification). 28. PUBLIC HEARING & ORDINANCE - Z -7561— To appeal of the Planning Commission's action in denying Coburn Short -form PD -I located at 10601 Sibley Hole Road. Staff recommends denial of the requested PD -I, Planning Commission voted to recommend denial on January 29, 2004, of the PD -I by a vote of 0 yes, 11 no. Synopsis: The applicant proposes to rezone the site from 1 -2, Light Industrial to PD -I to allow outdoor sandblasting to take place on the site. Deferred indefinitely (See modification). 29. PUBLIC HEARING &ORDINANCE 19,084 - Z -5515 - To appeal Ordinance 16,165 and revoke a planned zoning district titled Hix Short -Form POD located at 5315 Baseline Road. Staff recommends approval. Synopsis: The applicant requests that the existing POD zoning be revoked and the property revert to its original R -2 zoning. 30. PUBLIC HEARING & ORDINANCE - Z -7547 — Rescinding the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a Transitional Living Facility to be located on the R -3 zoned property at 8223 W. 39th Street. Planning Commission: 11 no, 0 absent. Staff recommends denial. (Deferred from March 2"d, 2003). Synopsis: The applicant, Emanuel Thompson on behalf of the House of OBED is appealing the Planning Commission's denial of a conditional use permit to allow a transitional living facility to be located on the R -3 zoned property at 8223 West 39`h Street. (Item was deferred due to notices not being sent out by the applicant). Deferred to May 4, 2004. Mr. Tom Carpenter stated there is a problem in that the proper notice of the ordinance has not been done. The notice given initially was not in the proper form to everyone, which was on the tenth day, and then the applicant sent out the proper notice but that was sent April 2nd so it has not had the proper ten -day notice. Mr. Carpenter stated the applicant is going to have send out a third notice, because he has given notice of tonight's hearing, and will have to set it for another period. Director Cazort asked what the notice period is. Mr. Carpenter answered that it was ten days. Director Cazort stated to give the benefit of the doubt he would move to defer the item to the first meeting in May. Director Keck seconded the motion. By unanimous voice vote of the Board members present, the item was deferred to May 4, 2004. Director Cazort, seconded by Director Keck made the motion to adjourn; by unanimous voice vote of the Board members present, the meeting was adjourned at 7:00 PM. ATTEST: APPROVED: 10 City of Little Rock Board of Directors Meeting April 6, 2004 6:00 PM N ey WO d gayor Dailey Ci Clerk 11