CBC 06-21-2010City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201.1334 Subdivision
Phone: (501) 371.4790 Fax: (501) 399-3435 or 371-6863
June 21, 2010
Bill Wiedower
319 President Clinton Avenue, Suite 201
Little Rock, AR 72201
Re: City Beautiful Commission absences
Dear Mr. Wiedower:
I have been informed that attendance records for the City Beautiful Commission show
that you have missed three (3) scheduled Commission meetings thus far in 2010. The
dates of your absences were February 4, May 6 and June 3, 2010. The Code of
Ordinances of the City of Little Rock states a member of a Board or Commission shall be
removed if that member misses more than twenty-five (25) percent of the meetings
scheduled in a year or more than three (3) consecutive meetings.
This letter is being sent to inform you of the Code provision and your attendance record.
To maintain your position on the Commission, it is necessary that you attend all of the
remaining meetings scheduled in 2010.
If you have any questions, please contact me at 371-6817 or at dcarney a,littlerock.org.
Sincerely,
Dana Carney
Zoning and Subdivision Manager
Cc: Tony Bozynski, Director of Planning and Development
CBC attendance file
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I (b) The T.R.E.E. fund shall consist of cash contributions required of the responsible party in -lieu of tree
2 improvements under the following circumstances:
3 (1) The city official determines in a specific written finding that the required minimum number of trees
4 to be planted pursuant to this chapter is not obtainable without undue hardship on the responsible party; or
5 (2) A variance from the requirements of this chapter has been granted by the city beautiful commission
6 which reduces the number of trees that will be planted or preserved from the minimum number of trees
7 required by this chapter.
8 (c) The responsible party shall contribute to the city a cash payment equal to one hundred (100) percent
9 of an estimate prepared by a registered professional landscape architect or certified arborist, of the cost of
10 the trees required by this chapter that will not be planted under the provisions of subsection (b) above.
1 1 Such estimate shall also include the cost of installation of the trees.
12 (d) The city official shall determine annually the required per tree in -lieu cash payment amount. Such
13 amount shall not exceed two hundred dollars ($200.00) per tree with annual CPI inflation adjustments
14 commencing in 2001. Any in -lieu cash contribution required shall be limited to a maximum of ten (10)
15 trees per site.
16 (e) When in -lieu contributions are required to be made, a responsible parry's landscape plan shall not be
17 approved until:
18 (1) The tree requirements pursuant to this section are waived or granted variance pursuant to subsection
19 (b), above; and
20 (2) A copy of the receipt for the required cash contribution has been received by the city official.
21 (f) The city finance department shall be responsible for receiving, recording, depositing, reporting and
22 reimbursing in -lieu cash contributions as determined by the city official. A receipt evidencing cash
23 contributions made shall be provided to both the responsible party and to the city official.
24 (g) The finance department shall maintain a T.R.E.E account and shall maintain records of all in -lieu
25 cash contributions. The finance department shall produce an annual report summarizing the tree
26 improvement account and provide same to the city official and the city beautiful commission. This report
27 shall include both the principal and the interest earned for the accounting period, and the annual tree
28 plantings by section of the city.
29 (h) In -lieu contribution funds shall be dedicated to planting and maintaining trees on public property and
3o rights -of -way within the area of the site where the trees were removed as defined by section map.
31
32 ARTICLE III. TREE PROTECTION
33 Sec. 15-51. Tree cutting permit.
[PAGE 11 OF 28)
Ordinance
7o amend various provisions of Chapter 15 of the Littte Rock Code of Ordinances
I (a) Except for public utilities operating within the scope of a valid franchise agreement or otherwise
2 authorized by law, it shall be unlawful to remove any tree located within the public rights -of -way or other
3 city owned property without the appropriate permit. Such permit may be applied for in conjunction with
4 the application for a building permit.
5 (b) Except for public utilities operating within the scope of a valid franchise agreement or as otherwise
6 authorized by law, no permit for the cutting down and removal of trees in the public rights -of -way or on
7 city property shall be granted unless the city official finds that one (1) or more of the following conditions
8 exist:
kJ
10 (1) The tree is less than three (3) inches in caliper;
12 (2) The tree is diseased or injured and is unlikely to survive;
13
14 (3) The tree is within the area of a proposed structure on the
I5 property or so close as to render it dangerous to the structure or
16 unlikely to survive;
17
18 (4) It is necessary that the tree be removed to protect existing or
19 proposed public facilities.
20
21 (5) The area is within a driveway designated on an approved site
22 plan.
23
24 (6) The area is included within an approved grading plan.
25
26
27 (c) Any tree removed from the areas described in this section shall be replaced with a tree meeting the
28 specifications of article IV of this chapter within six (6) months of removal.
29 (d) No tree growing near a sidewalk shall be removed solely because of interference with the sidewalk
30 unless the city official finds that the sidewalk cannot reasonably be constructed without removal of the
31 tree. It is the intent of this section that sidewalks be reconstructed around trees and that trees are not to be
32 removed solely to facilitate construction of sidewalks.
33 Sec.15-52. Preservation, protection and planting.
34 (a) There is no requirement under this chapter to preserve trees other than within a land use buffer.
3s However, the responsible party may select certain trees to be preserved elsewhere on the site to comply
36 with the provisions of this chapter and to accomplish passive sustainable energy conservation.
37 (b) Trees selected for preservation or planted shall have the area within the dripline fenced with protective
38 fencing and protected from development activities in accordance with the design standards contained
39 within this chapter. For each existing tree preserved and incorporated into the landscape design, the
40 following credits shall be applied to the minimum tree requirements:
[PAGE 12 or 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I Sec. 15-36. Appeals.
2 (a) Any person aggrieved by a decision of the city official in the administration of this chapter shall have
3 the right of appeal to the city beautiful commission. The city beautiful commission shall hear requests for
4 variances from the provisions of this chapter upon written application. Following submission of a detailed
5 development proposal the commission may grant variances only when it is demonstrated by the applicant
6 that a variance will be in keeping with the purpose and intent of the provisions of this chapter. The
7 commission may impose reasonable conditions upon the granting of a variance to ensure compliance and
8 to protect surrounding property and the public interest.
9 (b) The commission shall also hear and decide appeals where it is alleged by the applicant there is error
10 in any order, requirement, decision or determination made by a city official in the enforcement of this
II chapter.
12 (c) All applications for a hearing before the city beautiful commission shall be accompanied by a fee in
13 the amount of one hundred fifty dollars ($150.00). The fee shall be paid to the city collector's office for
14 which a receipt will be issued stating the purpose of the payment. The receipt shall be filed with the
15 application as proof of payment of the fee.
16 (d) The city beautiful commission shall have final authority except that the applicant or objectors of
17 record aggrieved by a decision of the commission have a right to appeal to the city board of directors. The
18 content of the appeal filing shall consist of the following information delivered to the city clerk:.
19 (1) A cover letter addressed to the mayor and board of directors setting forth the request;
20 (2) A copy of the city beautiful commission application indicating the action taken and properly
21 executed by the staff.
22 This filing shall occur within thirty (30) calendar days of the action by the city beautiful commission.
23 Certified mail notice of appeal hearing shall be provided not less than ten (10) days prior to the date of the
24 hearing, and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days
25 prior to the date of review. This notice shall be given to all parties of record whether for or against the
26 request. The cost of this notice shaII be borne by the applicant.
27 Sec. 15-37. T.R.E.E fund.
28 (a) Intent. The board of directors of the City of Little Rock recognizes that from time to time variances
29 from the tree requirements of this chapter will be granted by the city beautiful commission to the
30 responsible party. In an effort to afford the citizens of the city the benefits they would have received from
31 the trees required by this chapter but were lost through development of the site, the city enacts this section
32 establishing a fund to be used for the replenishment of trees in the city entitled the "Tree Restoration for
33 Environmental Enhancement" (T.R.E.E.) fund.
[PAGE 10 Or 281
Ordinance
To amend various provisions of Chapter 15 of the Littie Rock Code of Ordinances
LITTLE ROCK
N�11
CITY BEAUTIFUL
C0MMIssI0I�r
The City Beautiful Commission held its regular meeting Thursday, June 03, 2010, at
11:30 a.m. at Curran Hall. Chair Homeyer called the meeting to order.
MEMBERS PRESENT: Steve Homeyer Carrie Young
Lynn Warren Walter Jennings
Betsy Luten Herb Dicker
Kay Tatum
MEMBERS ABSENT: Bill Wiedower
Jennie Cole
Linda Bell
ALSO PRESENT: Christy Marvel, Plans Development Administrator, Department of
Planning & Development, City of Little Rock
Beth Blevins Carpenter, Deputy City Attorney, City of Little Rock
APPROVAL OF THE MINUTES:
Motion: Commissioner Warren made a motion to accept the CBC minutes for the month of
May with
changes noted.
Second: Commissioner Dicker seconded the motion and it passed unanimously.
TREASURER'S REPORT: Per Betsy Luten
Balance to date=$1,506.01
Motion: Commissioner Dicker made a motion to accept the treasurer's report as submitted.
Second: Commissioner Warren seconded the motion and it passed unanimously.
1 1 1W1►MXT
Landscape Awards -(Cole, Bell, Homeyer)-It was noted that Meg Matthews, Public Relations
Coordinator for the City of Little Rock, had composed a press release for the Landscape Awards.
It was cancelled due to rain and will be rescheduled soon. It was noted that Vice -chair had
agreed to do the Landscape Award boards again this year. Commissioner Warren noted that
she'd begin reviewing potential photos for the poster. Commissioner Tatum mentioned using a
photo of Curran Hall, the new meeting place for the CBC. Commissioner Warren handed out
Landscape Award Nomination Forms to all CBC members.
Eye of the Beholder (Tatum)- Commissioner Tatum noted that four (4) certificates have been
awarded with two (2) additional certificates pending. Discussion commenced about procedure of
both awards.
Community Proiects
City Hall Rear Entry Garden —no report.
I-630 Trees -Commissioner Jennings noted that the CBC should get involved more with
recycling. Recycling ideas were discussed and a brainstorming session of about an hour's time
was mentioned. Christy Marvel, city staff, noted the highway design was ready for some
input/critique. A meeting was scheduled for June 14th at 10:00 a.m. in the office of Christy
Marvel.
Website (Lynn) -Commissioner Warren noted that she'd mail a hard copy of the signed contract
when time allowed.
Library Exhibit- (Tatum) -Commissioner Tatum and Commissioner Luten noted the exhibit
was in City Hall; however now is at Fletcher Library; other locations were discussed.
KLRB (Walter)- Commissioner Jennings noted the KLRB Commission was going to have a
booth on Saturday mornings in the River Market area. They have a design for the twelve (12)
worst places for cigarette litter. Clean up days have been rained out numerous times. The
company L'Oreal' is closing their factory for._one day so each employee can participate in some
type of community service. The clean up for Forshe Creek should be soon.
Adopt -A -Street (Wiedower)- It was noted that Vice -chair Wiedower had acquired new pinchers
for the litter pick-up days.
Garden Show 2010-(Luten) —no report.
Communications- (Cole)- no report.
NEW BUSINESS:
Beth Blevins Carpenter, Deputy City Attorney, noted the Board had extended the contract with
Waste Management until September of 2011.
Facebook-The city currently has Meg Matthews moderating and the CBC may want to put
information on Facebook by going through the City's page.
Staff mentioned the possibility of two (2) variance requests for next month.
Motion: Commissioner Jennings made a motion to adjourn.
Second: Commissioner Warren seconded the motion and it passed unanimously.
Adjournment: 12:22 p.m.
June 23, 2010
Linda Bell
608 Beckwood Dr
Little Rock, AR 72205
City Beautiful Commission
% Dana Carney
723 W. Markham
Little Rock, AR 72201
Dear City Beautiful Commission,
I am concerned that I will be missing more than the permitted number of
absences from City Beautiful Commission meetings. I had two trips planned
that I knew would interfere with regular meetings, but I am now in a situation
that will require me to miss an additional two meetings. Although, on these
trips, I will. be visiting gardens, and hopefully receiving ideas and information
that will benefit my ability to recognize excellent plantings, I realize that it
will be difficult to perform my duties while absent. I would prefer to maintain
my position and try to provide whatever services I can to the City Beautiful
Commission at the meetings I can attend. Please advise me as to my options.
Cordially
Linda Bell
cc. Christy Marvel
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little mock, Arkansas 72201-1334 Subdivision
Phone: (501) 3714790 Fax: (501) 399-3435 or 371-6863
June 28, 2010
Linda Bell
608 Beckwood Drive
Little Rock, AR 72205
Re: City Beautiful Commission Attendance
Dear Ms. Bell:
Thank you for your letter of June 23, 2010 in which you expressed your concern
regarding your attendance at future City Beautiful Commission meetings.
The Code of Ordinances is very clear, and unfortunately very inflexible, on the issue.
Once a board or commission member misses the requisite number of meetings, that
person is automatically removed from that board or commission unless, prior to the next
scheduled meeting of the Board of Directors, the person submits in writing the reasons
for the absences and expresses their desire to remain on the board or commission.
My advice to you would be, on the day you miss your fourth meeting, you submit the
letter requesting reinstatement. The letter should be addressed to:
Mayor and Board of Directors
c/o City Clerk
City Hall
500 W. Markham Street
Little Rock, AR 72201
Please copy me so that I can be sure it gets tracked through the system.
I hope this has been of some assistance and I look forward to your continued service on
the City Beautiful Commission.
If you have any questions, please contact me at 371-6817 or at dcarney@littlerock.org.
Sincerely,
Dana Carney
Zoning and Subdivision Manager
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