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HomeMy WebLinkAbout12-05-05Little Rock Board of directors Meeting Minutes December 5, 2005 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham December 5, 2005 5:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. City Clerk, Nancy Wood, called the roll with the following Directors present: Wyrick, Cazort, Hinton, Adcock, Vice Mayor Graves, and Mayor Dailey. Director Stewart was not present for roll call, but enrolled at 5:05PM. Director Hurst was not present for roll call, but enrolled at 5:28PM. Director Kumpuris was not present for roll call, but enrolled at 5:02PM. Directors Pugh and Keck were absent. Vice Mayor Graves gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. ADDITION: M -1. RESOLUTION 12,147 - To authorize the Mayor and the City Clerk to execute a quitclaim deed to Mr. Robert Jerry, Jr. for two vacant lots located at 4005 West 25th Street; and for other purposes. Synopsis: The resolution authorizes the Mayor and Clerk to execute a quitclaim deed to Mr. Robert Jerry Jr. for two (2) vacant residential lots in mid -town Little Rock at 4005 West 25th Street. M -2. RESOLUTION 12,148 - To authorize the Mayor and City Clerk to execute any documents necessary to accept the donation of ninety -two (92) lots in Rolling Pines Subdivision from Rolling Pines Limited Partnership; and for other purposes. M -3. ORDINANCE 19,445 - To amend Little Rock, Arkansas Revised Code (2- 251) (1988) to repeal publication requirements; to declare an emergency, and for other purposes. Synopsis: Because of the increase in use by citizens, technological advances in reproduction software, the constant updating and attention paid to the City website, and the thousands of dollars that are spent on publication of various City financial reports, this ordinance repeals the requirements that reports be published in various newspapers. Director Cazort made the motion, seconded by Director Hinton, to add items M -I and M- 2 to the consent agenda and item M -3 to the list of grouped items. By unanimous voice vote of the Board members present the modifications were approved. Directors Hurst, Pugh, and Keck were absent at the time of the vote. Little Rock Board of directors Meeting Minutes December 5, 2005 PRESENTATIONS: 2005 Roosevelt Workers' Compensation and Disability Management Award — Jim Bradshaw National Merit Scholars Recognition — Director Wyrick Little Rock National Airport Acquisition — Deborah Schwarts CONSENT AGENDA (Items 1 -11) 1. MOTION - To approve minutes of regular Board of Directors Meetings: November 1, 2005. 2. MOTION - Z- 7853 -A - To set the date of public hearing for January 10, 2006, to appeal the Planning Commissions action in approving a conditional use permit for Briscoe Accessory Dwelling at 3701 Potter Street. Planning Commission: 8 ayes, 1 nay, 2 absent. Staff recommends denial. Synopsis: A record objector is appealing the Planning Commission's action in approving a conditional use permit to allow a single -wide manufactured home to be used as an accessory dwelling on the R -2 zoned property located at 3701 Potter Street. 3. RESOLUTION 12,149 - G -23 -355 — To set the date of public hearing for December 20, 2005, on an application to abandon a public right -of -way, a portion of Anna Street, located north of Asher Avenue and south of Brack Street. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is seeking an abandonment of a public right -of -way for a portion of Anna Street. 4. MOTION - Z -7920 - To set the date of public hearing for December 20, 2005 on an appeal of the Planning Commission's action in denying a rezoning request for Baker Long -Form PCD, located north of Kanis Road, 0.4 miles west of Chenal Parkway, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 5 ayes, 5 nays, 1 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from R -2 to PCD to allow the development of the site with a strip retail center and mini - warehouse units. 5. MOTION - LU- 05 -19 -03 —To set the date of public hearing for December 20,2005 of the Planning Commission's action in denial of amending the Land Use Plan in the Chenal Planning District from Multi- Family to Commercial. Planning Commission: 5 ayes, 5 nays, 1 absent. Staff recommends denial. Synopsis: A change of the Land Use Plan in the Chenal Planning District from Multi- Family to Commercial north of Kanis Road and east of Rock Creek. 2 Little Rock Board of directors Meeting Minutes December 5, 2005 6. MOTION - Z -7952 — To set the date of public hearing for December 20, 2005, on an appeal of the Planning Commission's action in the denial of a Planned Zoning District titled Pinnacle Valley Court Long -Form PD -R, located on Pinnacle Valley Road, north of Cantrell Road. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from R- 2 to PD -R to allow the development of the site as a zero lot line Single- Family subdivision. 7. MOTION - Z- 5522 -B — To set the date of public hearing for December 20, 2005, on an appeal of the Planning Commission's action in denial of a Planned Zoning District titled St. Mark's Church Revised POD, located at 1024 North Mississippi Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission 5 ayes, 4 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from PDO to POD to allow the placement of a one hundred and twenty (120) foot cellular tower on the site, in addition to the previously approved allowable uses. 8. RESOLUTION 12,150 - G -23 -356 — To set the date of public hearing for December 20, 2005, on a request to abandon a public right -of -way for a portion of West Bowen Road, located south of Mabelvale West Road just west of the proposed South Loop. Planning Commission 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is seeking an abandonment of a public right -of -way for a portion of West Bowen Road. 9. RESOLUTION 12,151 - Authorizing the use of eminent domain on the Taylor Loop Road (Cantrell Road to Hinson Road), Street Improvement Project. Staff recommends approval. 2004 Bond Issue. Synopsis: Authorizing the use of eminent domain for up to ten (10) parcels of land on the Taylor Loop Road (Cantrell Road to Hinson Road), Street Improvement Project. 10. RESOLUTION 12,152 - To approve uses of the 2005 HOME funds balance. Synopsis: The recommended projects are: Community Living - $67,138.00; The Gaines House - $69,450.00; Stonewood Apartments Limited Partnership - $100,000.00; Charles Vann/ William Carter - $131,000.00; Chris Griffin - $60,000.00; Downtown LR CDC - $200,000.00; Habitat for Humanity $100,000.00; E. Investments $60,000.00. 11. RESOLUTION 12,153 - To approving the use of remaining 2004 Bond Capital School Area Pedestrian Safety Funds for additional sidewalk projects. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes additional 3 Little Rock Board of directors Meeting Minutes December 5, 2005 pedestrian area sidewalk projects for the 2004 Bond Capital Improvement Program for Forest Park Elementary, Western Hills Elementary, Otter Creek Elementary, Forest Heights Elementary, and David O. Dodd Elementary Schools. M -1. RESOLUTION 12,147 - To authorize the Mayor and the City Clerk to execute a quitclaim deed to Mr. Robert Jerry, Jr. for two vacant lots located at 4005 West 25th Street; and for other purposes. Synopsis: The resolution authorizes the Mayor and Clerk to execute a quitclaim deed to Mr. Robert Jerry Jr. for two (2) vacant residential lots in mid -town Little Rock at 4005 West 25th Street. M -2. RESOLUTION 12,148 - To authorize the Mayor and City Clerk to execute any documents necessary to accept the donation of ninety -two (92) lots in Rolling Pines Subdivision from Rolling Pines Limited Partnership; and for other purposes. A motion was made by Director Adcock, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. End of Consent Agenda CITIZENS COMMUNICATIONS Speaker: Oley Rooker Topic: West Central corridor has no fire stations, police stations, or community centers for the people that live there. Speaker: Troy Laha Topic: The quality of child care family homes that are not permitted, or permitted but not in compliance. Grouped Items: Items 12 —19 M -3. ORDINANCE 19,445 - To amend Little Rock, Arkansas Revised Code (2- 251) (1988) to repeal publication requirements; to declare an emergency, and for other purposes. Synopsis: Because of the increase in use by citizens, technological advances in reproduction software, the constant updating and attention paid to the City website, and the thousands of dollars that are spent on publication of various City financial reports, this ordinance repeals the requirements that reports be published in various newspapers. 12. ORDINANCE 19,446 - Z -7951— Approving a Planned Zoning Development and establishing a Planned Commercial District titled La -Z -Boy Short -Form PCD, located 11 Little Rock Board of directors Meeting Minutes December 5, 2005 at 1000 South Shackleford Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of the site to PCD, to allow La -Z -Boy to expand the showroom and warehouse facilities. 13. ORDINANCE 19,447 - Z -7949 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Tree Frog Sweet Dreams Short -Form PCD, located at 8013 and 8025 Mabelvale Cut -Off, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning to these two (2) parcels to PCD for future re- development of the site with office and office /showroom warehouse activities. 14. ORDINANCE 19,448 - LU05 -29 -01 -To amend the Land Use Plan (16,222) in the Barrett Planning District from Single - Family to Transition; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: A Land Use Plan amendment changing the northwest corner of Highway 10 and Morgan Cemetery Road from Single - Family to Transition. 15. ORDINANCE 19,449 - Z -7948 — Approving a Planned Zoning Development and establishing a Planned Office District titled Gillum Photography Studio Short -Form PD -O, located north of Highway 10, just west of Morgan Cemetery Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of the site to PD-0 to allow the development of a photography studio. The site is located outside the City limits but within the City's extraterritorial planning jurisdiction. 16. ORDINANCE 19,450 - Z -7923 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Hayman Short -Form PD -R located at 2460 Howard Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the removal of an existing Single- Family structure located on the site, and the construction of a new duplex unit. 17. ORDINANCE 19,451 - Z- 7605 -A — Approving a Planned Zoning Development and establishing a Planned Office District titled Chevaux Revised Short -Form POD, located south of Cantrell Road, approximately five hundred (500) feet east of Chenoceau Boulevard, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing to revise 5 Little Rock Board of directors Meeting Minutes December 5, 2005 the previously approved POD to allow the creation of seven (7) lots and construction. 18. ORDINANCE 19,452 - Z- 7530 -A — Approving a Planned Zoning Development and establishing a Planned Residential District titled Fox Ridge at Chenal Revised Short - Form PD -R located on the northwest corner of Chenal Valley Drive and Chenal Parkway, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing to revise the previously approved PDR to allow the proposed residential building to be constructed as a three (3) story building. 19. ORDINANCE 19,453 - S -46 -AA - Granting a variance 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 a reduced platted building line and a variance to allow double- frontage lots for the Overlook Park Revised Preliminary Plat, located south of Overlook Drive, at the end of Woodglen Road. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow double- frontage lots and a variance to allow a reduced platted building line for the Overlook Park Revised Preliminary Plat. Separate Items: Items: 20 - 26 20. PUBLIC HEARING & RESOLUTION - Z -7934 - To affirm the Little Rock Planning Commission's approval of a conditional use permit to allow a multi - sectional manufactured home on the R -2 zoned property, located at 18501 Crystal Valley Road; and for other purposes. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends approval. Synopsis: A record objector is appealing the Planning Commission's action in approving a conditional use permit to allow a multi - sectional manufactured home on the R -2 zoned property located at 18501 Crystal Valley Road. Mayor Dailey opened the public hearing for Item 20. Troy Laha spoke against the adopting of Item 20. He explained that he did not understand why the planning commission approved a person's request to place a mobile home in the middle of an area that has undergone major economical and structural development. He said after a mobile home leaves the showroom floor it starts to depreciate in value, and within ten years the home is not worth much money. He compared a mobile home's value to a stick -built house, by saying that instead of depreciating over time, a stick -built house gains in value. He stated that this mobile home is sitting on property that is right beside the exit for Plantation Acres, and it is an unsafe structure, because they are put together with glue and staples. He explained that a structure that unsafe should not be located in this area in question. Little Rock Board of directors Meeting Minutes December 5, 2005 Mollie Irvin expressed concern of having a mobile home in her neighborhood. She agreed with Mr. Laha's statements. Director Cazort wanted the definition of a multi - sectional manufactured home. Planning Director, Tony Bozinsky stated that a mobile home was a manufactured home with the additional characteristics of modular delivery to the permanent home sight. He further stated that this structural sight should consist of two or more modules designed for permanent attachments to make one dwelling unit. Director Adcock stated that when the first half of this structure in question was being moved onto the property, the owners were warned not to continue with the assembly of the home because they did not have the correct zoning on this property. She said that two days later they moved in the second half of the house, and proceeded to build a deck and other features around the outside. Director Adcock stated that during this entire process, the Planning Department has repeatedly warned the owners not to proceed with the installment of the mobile home. She explained that this home is out of place and does not belong in the neighborhood with other houses that have been built which sell for $200,000.00 and $300,000.00 each. Mr. Bozinsky stated that after the owner of the mobile home learned that he was not in compliance of the zoning of the area, he filed for a conditional use permit with Planning. He said that Planning felt that this would be a reasonable location because within that area, there are 15 -17 units that are manufactured as well. Director Adcock agreed with Mr. Bozinsky by saying that the additional manufactured units had been in this area, but none of them were right up next to an entrance of a neighborhood. She stated that 1000 new homes have been approved for construction to expand on the community, and the mobile units are slowly being moved away due to the volume of construction. Mr. Laha reiterated that this issue is not about one mobile home, but about the growth of Little Rock. Jason Isclaw, the owner of the mobile home in question, stated that he was not aware a conditional use permit was needed when he brought the first half of the home onto the property. He said that as soon as he was told what he needed, he immediately acted on getting a permit. Mr. Isclaw explained that he, his wife, and two children moved to this location to be closer to their church, because it was taking 45 minutes to commute from where they originally lived. He stated that if he had known that he would not be in compliance with the zoning, he would have applied for a permit before the mobile home was moved onto the property. He said that his children have recently begun school at Heritage, and it is a convenience to live 7 or 8 minutes away. Mr. Isclaw said that the deck and underpinning was not added until after the conditional use permit was granted. He explained that the mobile home is not made of glue and staples, but 3/4 inch plywood floors, double -pain windows, and sheet rock walls. Mayor Dailey closed the public hearing and asked for the first reading. A roll call vote was taken and recorded as follows: Directors Cazort, Kumpuris, Vice Mayor Graves, and Mayor Dailey voted aye. Directors Wyrick, Stewart, Hurst, Hinton, and Adcock voted nay. With only four votes in favor of the Planning Commission's approval, Item 20 failed. 7 Little Rock Board of directors Meeting Minutes December 5, 2005 City Manager, Bruce Moore, asked to work with the Planning Commission and the applicant to allow some time for the removal of the mobile home, since the holiday season is coming soon. Mayor Dailey agreed with Mr. Moore. 21. PUBLIC HEARING & ORDINANCE 19,454 - G -23 -353 — To abandon a portion of Gamble Road as public right -of -way, located within Tract 10, Hillvale Addition, lying north of the north right -of -way and a portion of Old Markham Street, lying south of and adjacent to the east half (/2) of Tract 7 Hillvale Addition. Planning Commission: 9 ayes, 0 nays, 2 absent, 1 recusal. Staff recommends approval. Synopsis: The applicant is requesting a portion of Gamble Road be abandoned for public right -of -way. The City of Little Rock Parks and Recreation Department and Utilities are requesting the eastern twenty (20) feet be retained as an access and utility easement. 22. ORDINANCE 19,455 - Z- 6915 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Gamble Road Short -Form PCD, located on the northwest corner of Chenal Parkway and Gamble Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 2 absent, I recusal. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of this site from 0 -3 to PCD for the development of a retail center utilizing 0 -3 and C -1 Zoning District Uses. 23. PUBLIC HEARING & ORDINANCE 19,456 - G -23 -354 — To abandon approximately one hundred and thirty (130 ) linear feet of the sixty (60) foot wide Manney Road right -of -way extending north from Cantrell Road right -of -way between Blocks 3 and 14, of the Bellevue Addition. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The adjacent property owners are requesting the abandonment. Mayor Dailey opened and closed the public hearing on items 21 and 23 and added item 22 to the list of grouped items. There were no speakers present who wished to speak in favor or opposition to items 22 and 23. Items 12 through 19, 21, 22, 23 and M -3 were read the first time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the items on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members Little Rock Board of directors Meeting Minutes December 5, 2005 present, being two thirds in number, the ordinances (Items 12 -19, 21, 22, 23 and M -3) were adopted. An emergency clause was passed for Item M -3. OTHER BUSINESS 24. ORDINANCE — Deferred until December 13, 2005- To prohibit illegal laboratories, including clandestine methamphetamine laboratories; to provide for the dismantle and cleanup of illegal laboratories after notice to cease and desist; to provide for disposal of items involved in and located within the immediate area surrounding the laboratories; and for other purposes. (Ordinance contains an emergency clause). 3 d Reading. (1 st Reading: September 20, 2005. 2nd Reading: October 4, 2005). 25. ORDINANCE - To amend Ordinance 18,617 that establishes permit fee schedules for building, electrical, plumbing, mechanical and related work performed in the City of Little Rock, Arkansas; which repeals all technical code ordinances and Code of Ordinance provisions in conflict therewith, declaring an emergency: and for other purposes. 2 "d Reading (I" Reading: November 29, 2005). Synopsis: The Department of Planning and Development is recommending across the board increases for construction related permits. In addition, staff is recommending new fees for residential plan review and for temporary certificates of occupancy. 26. ORDINANCE - Providing for and adopting the 2006 Budget for the City of Little Rock for the period beginning January 1, 2006, and ending December 31, 2006; appropriating resources and uses for every expenditure item and fund; declaring an emergency; and for other purposes. 2 "d Reading. (1St Reading: November 29, 2005). Mr. Moore stated that Items 25 and 26 were not ready to be voted on at this time. Mayor Dailey asked for the second reading on these two items and that they be held until the meeting on December 13, 2005. Director Cazort, seconded by Director Adcock, made a motion to recess until December 13, 2005. By unanimous voice vote, the meeting was recessed at 6:35PM. Adjourn E Little Rock Board of directors Meeting Minutes December 5, 2005 ADOPTED: January 17, 2006 ATTEST: ",/ )6vll N ncy Woqld, City Clerk 10 APPROVED: %W4J .J W-IT'Dailey, Mayor