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HomeMy WebLinkAbout04-05-05BoD NIEL FING APRIL, 5.2005 6:00 PN1 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham April 5, 2005 6:00 PM 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: Directors Pugh, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, Kumpuris, Vice Mayor Graves and Mayor Dailey. Director Hinton was absent. Director Wyrick gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Department of Veteran Affairs — Dr. Morris - (April 5, 2005) Parkview High School AAAAA Girls Basketball State Champions (April 5, 2005) CONSENT AGENDA (Items 1 -24) 1. MOTION - To approve minutes of regular Board of Directors Meeting: January 18, 2004 and Reconvened Meetings: January 11 and January 25, 2005. 2. MOTION - Z -7758 — To set the date of public hearing for April 19, 2005 on an appeal of the Planning Commission's action in approving a conditional use permit to allow a youth sports center on the R -2 zoned property located at 8700 Pinnacle Valley Road. Planning Commission: 6 ayes, 4 nays, 1 absent. Staff recommends approval of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commissions action in approving a conditional use permit to allow a youth sports center on the R -2 zoned property. 3. MOTION - Z- 3173 -C — To set the date of public hearing for May 17, 2005 on the request to Repeal Ordinance No. 19,088 and revoking a Planned Zoning District titled Sage Meadows Long -Form PD -R located on the west side of John Barrow Road, just south of Tanya Drive in the City of Little Rock, Arkansas; and for other purposes. Staff 'recommends item be revietihed bV the Planning Commission. Synopsis: The applicant requests that the existing PRD zoning be revoked and the property revert to its original MF -12, Multi - Family District Zoning. BOD MEETING APRIL 5.2005 6:00 PAI 4. RESOLUTION - 11,948 - Authorizing the use of eminent domain on the l I 1 Street (Johnson East to railroad tracks) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to six parcels of land on the I 11 Street (Johnson east to railroad tracks) Street Improvement Project. 5. RESOLUTION - 11,949 - Authorizing use of eminent domain on the 29th Street (Gilman Street to Tatum Street) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing use of eminent domain for up to nine parcels of land on the 29`h Street (Gilman Street to Tatum Street) Street Improvement Project. 6. RESOLUTION - 11,950 - Authorizing use of eminent domain on the Auxor Lane Drainage Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing use of eminent domain for up to seven parcels of land on the Auxor Land Drainage Improvements Project. 7. RESOLUTION - 11,951 - Authorizing use of eminent domain on Cobb Street and Boyd Street (Phase II), Tatum Street (36th to 37th), and 37th Street (Tatum to Boyd) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to eleven parcels of land on the Cobb Street & Boyd Street (Phase II) Tatum Street (36`h to 37`h) and 37" Street (Tatum to Boyd) Street Improvement Project. 8. RESOLUTION - 119952 - Authorizing the use of eminent domain on Maple Street (81h Street to 13th Street) Street Improvement Projects. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to ten parcels of land on the Maple Street (8th Street to 13th Street) Improvements Projects. 9. RESOLUTION - 11,953 - Authorizing the use of eminent domain on Mellwood Drive Drainage Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing use of eminent domain for up to three parcels of land on the Mellwood Drive Drainage Improvements Project. 10. RESOLUTION - 11,954 - Authorizing the use of eminent domain on Tyler Street (H Street to Woodlawn) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to five parcels of land on the Tyler Street (H Street to Woodlawn) Street Improvements Project. 11. RESOLUTION - 11,955 - To authorize the City Manager to enter into a contract with Ennis Paint Company for the purchase of Reflective Marking Paint for the Traffic Control section of Public Works Department. Staff recommends approval. Synopsis: The only bid received was $65,000, Ennis Paint being the sole bidder. 12. RESOLUTION - 11,956 - To set the date of public hearing for April 19, 2005 to consider an ordinance authorizing the issuance of sewer refunding and construction revenue bonds for the purpose of refunding certain outstanding obligations of the financing extensions, betterments and 2 ROD MEETING APRIL 5. 2005 6:00 PM improvements to the city's sewer system. Synopsis: To set the date and time of April 19, 2005 at 6:00 PM for a public hearing to consider an ordinance authorizing $10,000,000 in principal amount of Sewer Refunding and Construction Revenue Bonds. 13. RESOLUTION - 11,957 - Authorizing the offering of up to $10,000,000 of City of Little Rock, Arkansas Sewer Refunding and Construction Revenue Bonds Series 2005; and providing for other matters in connection therewith. Synopsis: The resolution authorizes Morgan Keegan & Company to offer the Bonds for sale, the Mayor to execute the Bond Purchase Agreement and Wright, Lindsey & Jennings, LLP, to prepare the Ordinance authorizing the issuance of the Bonds and such other documents necessary. 14. RESOLUTION - 11,958 - Authorizing the City Manager to enter into a contract with Massey Construction, LLC for the construction of the new East Little Rock Senior Center in the amount of $192,975. Staff recommends approval. 2004 Bond Project. Synopsis: Funds are available from the $70,635,000 Limited Obligation Capital Improvement Bond Issue (Series 2004). 15. RESOLUTION - 11,959 - Authorizing the City Manager to enter into a contract with Performance Food Group for the City of Little Rock Summer Playground Program in the amount of $50,040. Staff recommends approval. Synopsis: Funds are available from the United States Department of Agriculture Special Nutrition Grant Program. 16. RESOLUTION - 11,960 - To authorize use of eminent domain on the Reek Road Culvert Improvement Projects. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain on one parcel of land on the Reek Road Culvert Improvement Project. 17. RESOLUTION - 11,961 —of the Mabelvale Elementary and Mabelvale Middle School Sidewalk Awarding a contract to Lasiter Construction, Inc. for Construction Project. Staff recommends approval. 2004 Bond Project. - Synopsis: This authorizes the City Manager to execute an agreement with Lasiter Construction, Inc. for construction of the Mabelvale Elementary School & Mabelvale Middle School Sidewalk Project. 18. RESOLUTION - 11,962 - To authorize the Mayor to issue a letter of support for conversion of Eastside Auditorium into 34 loft apartments. Staff recommends approval. Synopsis: Approval of the resolution authorizing the Mayor to issue a letter of support for conversion of Eastside Auditorium into 34 loft apartments. Neighborhood Associations and CHAB have been notified of the project. 19. RESOLUTION - 11,963 - To authorize the City Manager to enter into a contract with four (4) organizations (Center for Healing and Hope in the amount of $24,558, EMOBA in the amount of $23,556, Girl Scouts of Ouachita Council in the amount of $23,648, and Promiseland Ministries in the amount of $24,400) to operate Citywide Enhancement programs. Staff recommends approval. Synopsis: Funding available from Future - Little Rock Special Projects — Prevention, Intervention and Treatment dollars. Center for Healing and Hope, $24,558, EMOBA, $23,556, Girl Scouts of Ouachita Council, $23,648, Promiseland Ministries, $24,400. Total $96,162. The Commission on Children Youth and Families endorsed the recommendations. 3 Ron MEETING %PRIL 5.2005 (,:00 PN'I 20. RESOLUTION - 11,964 - To authorize the City Manager to enter into a contract with Promiseland Ministries in the amount of $49,330 to operate a Citywide Hispanic Youth Program. Staff recommends approval. Synopsis: Funding available from Future - Little Rock Special Projects — Prevention, Intervention and Treatment dollars. Promiseland Ministries, $49,330. The Children Youth and Families Commission endorsed the recommendation. 21. RESOLUTION - 11,965 - To authorize the City Manager enter into a contract with Bale Chevrolet in the amount of $459,801.63 for the purchase of 27 mid -size police sedans 22. RESOLUTION - 11,966 - Amending Resolution No. 11,897 to authorize the City Manager to revise the contract with Stuck Associates Architects to approve an additional fee for the schematic design of a new animal services facility, and for other purposes. Staff recommends approval. Synopsis: The resolution amends Resolution No. 11,897 to authorize an additional fee for design services by Stuck Associated Architects to provide a combined Phase I and Phase 11 schematic design and three - dimensional walk through for the purpose of raising funds for expansion of the Animal Services Facilities construction project. 23. RESOLUTION - 11,967 - To amend Little Rock, Ark. Resolution No. 11,802 to correct the appointment of Job Serebrov to the Historic District Commission; to approve Carolyn Newbem's reappointment to the Historic District Commission; and for other purposes. 24. RESOLUTION - 11,968 - To authorize and rename the City of Little Rock Neighborhood Resource Center located at 3805 W. 121h Street, to The Willie L. Hinton Resource Center. The Consent Agenda consisting of Items 1 -24 was read. Director Keck, seconded by Director Cazort made the motion to adopt the Consent Agenda. By unanimous vice vote of the Board members present, the Consent Agenda was adopted. The Grouped Items consisted of Items 25 — 33. Mr. Bruce Moore, City Manager, announced that the applicant for Item 32 asked that their item be deferred for two weeks to give them the opportunity to meet with the neighborhood and clarify what they are proposing, and to answer questions the neighbors may have. Director Hurst made a motion to defer Item 32 for two weeks. Director Adcock seconded the motion and by unanimous voice vote of the Board members present Item 32 was deferred. Mayor Dailey announced that he did not have any speaker cards turned in for Items 39 and 40, and if the Board had no objection would like to open and close the public hearings on those items and included them with the grouped reading of the ordinances. The Board had no objection. (See Items 39 and 40). 25. ORDINANCE - 19,292 - LU- 045 -20 -02 — To amend the Land Use Plan (16,222) in the Pinnacle, Barrett, Chenal, and River Mountain Planning District from Public Institutional, Park/Opens Space, Single Family, Neighborhood Commercial, Mixed Office Commercial, and Transitional to Public Institutional, Single Family, Low Density Residential, Suburban Office, M BOD MEETING APRIL 5, 2005 6:00 PA9 Office, Mixed Office Commercial and Commercial; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Land Use Plan amendments on Highway 10 between Morgan Cemetery Road and Black Street. 26. ORDINANCE - 19,293 - Z -7786 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Dennis Properties Long -Form PCD located at 11421 Stagecoach Road, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of the site located at 11421 Stagecoach Road from R -2 Single - family to PCD to allow construction of an office /warehouse development on the site. 27. ORDINANCE - 19,294 - Z -7789 — Approving a Planned Zoning Development and establishing a Planned Office District titled Serenity Park Short -Form POD located at 2801 West Roosevelt Road, in the City of Little Rock Arkansas amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting the rezoning of this site from 0-3 to POD to allow the development of three additional buildings on the site in three phases. 28. ORDINANCE - 19,295 - S -1473 — Granting 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 reduced front lot width on selected lots for the Griffin Subdivision — Preliminary Plat located on the Southwest Corner of West 24th Street and Walker Street. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a variance to allow a reduced lot width for Lots 1 -4 from the Subdivision Ordinance in developing 1.12 acres with 5 Single - family lots. 29. ORDINANCE - 19,296 - Z -7790 — Approving a Planned Zoning Development and establishing a Planned Office District titled Walker Short -Form POD and 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 the development of a lot without public street frontage; located at 820 North Buchanan Street, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning and a variance from the Subdivision Ordinance to allow the development of a lot without public street frontage of this site from R -3, Single - family District to POD to allow the separation of an existing single - family residence and an existing parking lot. 30. ORDINANCE - 19,297 - Z- 5182 -A - Approving a Planned Zoning Development and establishing a Planned Office District titled Ferguson Short -Form PD -O located at 8501 North Rodney Parham Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, I 5 BOD MEETING %PRIL 5. 2005 6:00 PAI absent. Staff recommends approval. Synopsis: The applicant is requesting a PD-0 zoning classification to allow the conversion of an existing single - family structure into a quiet office use. 31. ORDINANCE - - 199298 - Z- 5963 -E — Approving a Planned Zoning Development and establishing a Planned Residential District titled Brodie Creek Lot 101R Revised PD -R located at 8 Briar Patch Court, in the City of Little Rock, Arkansas; amending Ordinance 16,910 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing to revise the previously approved PD -R to allow the placement of a 19 -foot by 33 -foot in ground pool on this single - family lot. 32. ORDINANCE - Deferred to 04/19/05 - Z- 6932 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District tiled Arkansas Associations of Nigerians Revised Short -Form PCD located at 9802 Geyer Springs Road, in the City of Little Rock, Arkansas; amending Ordinance No 18,536 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting to amend the previously approved PCD to add fraternal organization to the allowable uses for this site. 33. ORDINANCE - 19,299 - To amend Little Rock, Ark., Revised Code 7 -27 (1988) 1988 to permit the expansion of the Little Rock Municipal Airport Commission to seven members; ; to dec (are emergency and for other purposes. Staff recommends approval. The ordinances (Items 25 — 33 and Items 39 and 40) were read the first time. Director Cazort seconded by Director Keck made the motion to suspend the rules and place the ordinances 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 Cazort seconded by Vice Mayor Graves made the 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. Before voting, Mayor Dailey recognized Ms. Ruth Bell, Pulaski County League of Women Voters, who had turned in a card to speak in opposition to Item 30. Ms. Bell stated this is now a cohesive neighborhood and if this were approved, it would just be "the first chocolate out of the box ", and would have a definite future impact on the neighborhood. By unanimous voice vote of the Board members present, the ordinances and emergency clause in Item 33 were passed. The Separate Items consisted of Items 34 -38 and Items 40 -41. 34. ORDINANCE - 19,300 - Z -7791— Approving a Planned Zoning Development and establishing a Planned Commercial District titled Colclasure and George Short -Form PCD located at 18501 Lawson Road in the City of Little Rock's Extraterritorial Planning Jurisdiction, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends denial. Synopsis: The applicant is proposing the rezoning of this site from R -2, Single Family to PCD to allow the n BOD MEETING APRIL 5.2005 6:00 PNI addition of liquor sales to the allowable uses for the site. The ordinance was read the first time. Mr. Tony Bozynski gave an overview of the proposed development. Staff thought the development was too intense for the neighborhood. Mr. Stephen Giles, Counsel for the applicant gave a power point presentation show the property, the surrounding streets, the traffic patterns, parking layout, etc., and a history of the occupancy of the building. He showed a revised site plan with improved parking. Ms. Shelia Colclasure, one of the applicants answered questions regarding hours of operation, delivery truck hours, parking. Neighbors who opposed the development were Linda Lindsey and Charlotte Gillian, who cited safety concerns due to traffic volumes, the road being a rural road and narrow with deep ditches on each side, traffic congestion into the neighborhoods. They contended there was already a convenience store in the area that sold liquor, and that there was no existing business in the building. The cited statistics obtained from the Pulaski County Sheriffs Office relating to accidents, DWI's, DUI's in this patrol area. David Johnson and Alan Davis were I support of the project stating they thought it was a good development, and would not case any additional traffic problems in the area. Ms. George stated that she did still have the cabinet and fixture business at this location. Director Keck made a motion seconded by Director Hurst to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Keck made a motion seconded by Director Hurst to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present being two - thirds in number, the rules were suspended and the ordinance was read the third time. By majority voice vote the ordinance was approved. Director Adcock voted no. Directors: Pugh, Keck, Wyrick, Stewart. Hurst, Cazort, Kumpuris, Vice Mayor Graves, Mayor Dailey voted yes. Director Hinton was absent. The ordinance passed. 35. ORDINANCE - 19,301 - Z- 6683 -A — Approving a Planned Zoning Development and establishing a Planned Commercial District title Loux Short -form PD -C located at 17415 Lawson Road in the City of Little Rock's Extraterritorial Jurisdiction, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 4 nays, I absent. Staff recommends denial. synopsis: The applicant proposes the rezoning of the portion of this 1.97 acre parcel zoned C -1 to PD -C to allow the sale of used automobiles from the site. The ordinance was read the first time. Mr. Wes Louder representing the applicant, Mr. Loux, stated they wanted to use the site for a used automobile dealership, that there would be 36 cars on display, there would be no body work, or repair. He stated they had met with the neighbors and believed they had met most of the concerns of the neighbors. He stated they would operate from 7 am to 8 pm, six days a week. He stated he was only asking for the zoning as long as he was involved in the operation. He said he was not aware of any neighborhood opposition, and handed the Mayor letters from neighbors. He read excerpts of a few of the letters, which all stated that Mr. Loux was a good neighbor and an asset to the community. Mr. Loux stated they would be cleaning and washing the vehicles, it would be soap and water and they have a drain system, and it goes into a septic tank. He stated they have tanks to take care of oil. He said his 7 Bon MME F1NG APRIL 5.2005 (x:00 PN1 neighbors are one the east side is a fire station, on the west side a small snow cone stand. Ms. Ruth Bell, Pulaski County League of Women Voters, spoke in opposition to the development saying that this property started as a C -1 use and now it's come back after a passage of a few years, as open display, which is really a C -4 use. She stated this is not good planning, and negates the planning for the area that has already been done. She believed this is too intense a use for this location and not appropriate with the current use of the area around it. Mr. Tony Bozynski, Planning and Development Manager, stated staff was not supportive of the development because they believed it was not an appropriate location for a PCD with this intense of a type of use, which is a C -4 use. It is zoned C -1 and felt that was appropriate for this location. Director Keck made a motion seconded by Director Cazort to suspend the rules and place the ordinance on second reading. By unanimous vice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Hurst made a motion seconded by Director Stewart to suspend the rules and place the ordinance on second reading. By unanimous vice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By majority voice vote of the Board members present, being two- thirds in number, the ordinance passed. Directors: Pugh, Keck, Wyrick, Stewart, Hurst, Cazort, Kumpuris, Vice Mayor Graves, and Mayor Dailey voted in favor. Director Adcock voted no. Director Hinton was absent. 36. ORDINANCE - 19,302 - Condemning certain structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. Synopsis: To condemn eighteen residential structures in dilapidated and /or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. Earlier in the meeting, Director Cazort stated there is a Zoo Bond Project that the contract is about ready to be let and are running out of time on holding the contractors bid price after the number have been worked out, and was informed it would be ready in two weeks, but that he would not be here in two weeks, and with the Board permission he would make a motion to add a resolution approving that bond contract for next Tuesday. Director Hurst seconded the motion, and by unanimous voice vote of the Board members present the motion carried. Director Wyrick stated the Board received a memo that talked about four houses that were going to be pulled off with an amendment. She stated that Kelly Tucker and his counsel are here tonight, and Kelly has a medical emergency with his daughter and wanted to make a motion to go ahead with this so that he could depart from this meeting. Director Keck seconded the motion. Mayor Dailey asked Mr. Carpenter how to properly do this, since there has been no reading of the ordinance. Director Wyrick explained that the board has a memo from the City Manager to defer four houses. Mr. Moore stated what staff would like to do is to take off the house at 7905 Preston Street, and the other three, 1412 Schiller, 1505 College Street, and 3306 and 3318 would stay on the ordinance, but would give each of the owners a ninety -day extension. Mayor Dailey asked Ms. Wood, City Clerk to read the ordinance the first time. He stated the second and third reading would be done later in the meeting. The ordinance was read the first time. Director Keck made a motion to amend, as requested by staff, Director Wyrick seconded the motion. Mr. 1101) MEETING APRIL 5. 2005 6:041 P11 Carpenter stated there is an additional extension for 1412 Schiller because of having a tax sell. Director Keck stated that would be the intent of his motion. Director Wyrick seconded. By unanimous voice vote of the Board members present, being two - thirds in number, the amendments were made. Janet Cobb, stated there are three houses in the area of 33`d and State Street, and all these houses are on the list. She was asking for an extension because they want to demolish the property at 3304 S. State Street. Mr. Moore, City Manager stated that typically when staff is approached by property owners he is supportive of the ninety day extension period. Mayor Dailey stated then this one would be added to the list on the Administrative List of Extensions. Director Graves made a motion to add this address to the list, Director Adcock seconded the motion and by unanimous voice vote of the Board members present, the amendment was made. Mike Thrasher said the property he has is 3318 and 3306. Mayor Dailey stated those had already been approved for administrative extensions. Director Cazort made a motion seconded by Director Hurst to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, the rules were suspended and the ordinance was read the second time as amended. Director Adcock made a motion seconded by Director Cazort to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, the rules were suspended and the ordinance was read the third time as amended. By unanimous voice vote of the Board members present, the ordinance and emergency clause was passed. 37. PUBLIC HEARING & ORDINANCE - 199303 - Z- 3371 -L — To appeal the Planning Commission's action to deny a re- zoning request from T-3' to T-4" located at the south end of Colonel Glenn Plaza Drive, along Interstate 430. Planning Commission: 5 ayes, S nays, I absent. Staff recommends denial. Synopsis: Glenn Ridge Crossing, LLC, owner of the 13.358 -acre tract located at the south end of Colonel Glenn Plaza Drive, is appealing the Planning Commission's denial of rezoning from C -3, General Commercial to C -4, Open Display District. Mayor Dailey opened the public hearing. The ordinance was read the first time. Janet Berry spoke in favor of the re- zoning stating there is an interest in commercial development and this would fit in with the other businesses in the area. Ruth Bell was opposed to the re- zoning stating she believed this was to an intense use for the area, and not appropriate and to close to the residential and office uses. Mr. Bozynski, Planning and Development Director stated staff s main reason for denial was that they believed the use would be too intense for the area as it exits. There was brief discussion. Director Cazort, seconded by Director Adcock made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number the rules were suspended and the ordinance was read the second time. Director Cazort, seconded by Director Adcock made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance passed. 0 BOD MEETING APRILS. 2005 6 :00 PNI 38. PUBLIC HEARING & ORDINANCE - 19,304 - Z- 4768 -B — To appeal the Planning Commission's action to deny the establishment of a planned zoning district titled Valley Oaks Court Long -Form POD, located on Mabelvale West Road, just east of Southwest Hospital. Planning Commission: 5 ayes, 6 nays. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of this 20.99 -acre tract currently zoned 0-3, General Office District to POD to allow the development of the property with a mix of single- family, office and commercial uses. Mayor Dailey opened the public hearing. Mr. John Williams, the applicant, stated the property lies about .6 of a mile east of I -30 and is in between what is currently zoned as single- family on the east and west sides. There is a public school and post office directly across the street. The only opposition they feel they have gotten on this project, was the mix of the single - family being a part of this. He explained they had integrated the first part in a mixed commercial, due to staff recommendations. They have met all staff recommendations and requirements. The single - family zoning falls in line, in his opinion to what is located next door. The new by -pass will be touching the corner of this property which will currently be coming through the I -30, through the R -2 and across and next to the school. The project will also be the first that would widen this section of Mabelvale West, allow for turning lanes, sidewalks, etc. Mr. Charlie Vest, the engineer for the project stated they have not seen any plans as what the actual by -pass is. What is shown on the maps is the right -of -way lines. He stated they have gone through engineering and the city and they did not see a problem with where the houses are sited. Director Adcock asked staff to show on the maps where the South Loop will be. Mr. Bob Turner, Public Works Interim Director stated the South Loop has not really been completely designed other than a preliminary layout at this time. He stated that generally from the lines of the backs of the lots, it would be from thirty to fifty foot to the actual pavement of the South Loop when it's constructed. Mr. Turner was asked what his thoughts were on a subdivision being located this close to a freeway. Mr. Turner said if citizens are aware of it before the road is constructed that is one thing, but if the houses are there and the road constructed afterwards, that would be a concern. Individuals who would buy these homes would know that there is going to be a road behind their house at some point. Mr. Turner stated the Highway Department is essentially neutral as to the use of the property. Mr. Bozynski, Planning and Development Director, stated that the right of way for the proposed South Loop, the applicant has indicated that on those lots that abut the right -of -way, there will be notations made that the future South Loop could be constructed, so that would be a way that would put the potential home buyers on notice. Mr. Williams in response to questions from the Board regarding size and type of homes stated that the cost would range from $110,000 to $150,000 in price range and would be roughly between 1200 to 1600 square feet. There were several citizens opposed to the project. Those speaking in opposition were Lydia Smalley, Perry James, Janet Berry, David Henderson, Barbara Henderson. Those speaking in opposition listed concerns that included the size of the homes were small in comparison to what is there now, the lots were much smaller than existing lots, they were concerned that property values would depreciate, that even with notices that the South Loop could be built, might surprise potential buyers, and if it is built they may abandon the homes, the increased number of people that would be using Nash Lane, which would in turn increase traffic in the area. Safety was a concern in that there is a large creek in the area, and that children may 10 BOD MEETING APRIL 5.2005 6;00 PNI wander down to it without supervision. There was lengthy discussion regarding the concerns. Mr. Bozynski, Planning and Development Director, stated this fits with the typical R -2 type density pattern. The lots are smaller than what are adjacent to Nash Lane, but east of Nash Lane there is a Single - family subdivision with typical platting. Director Cazort made a motion, seconded by Director Keck to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present the rules were suspended and the ordinance was read the second time. Director Adcock made a motion, seconded by Director Cazort to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present the rules were suspended and the ordinance was read the third time. The vote was recorded as follows: Director Pugh, yes, Keck, yes, Wyrick no, Hurst, yes, Cazort, yes, Adcock, no, Kumpuris yes, Vice Mayor Graves, yes, Mayor Dailey yes. Director Hinton was absent. The ordinance passed. 39. PUBLIC HEARING & ORDINANCE - 19,305 - G -23 -341— To abandon a right -of -way at West 101h Street, located between Spring and Broadway Streets. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: EZ Financial Management, LLC requests to abandon a portion of the West 10t' Street right -of -way located between Spring and Broadway Streets. Mayor Dailey opened the public hearing, and asked if anyone was present who wished to speak for or against the ordinance; there being none, Mayor Dailey closed the public hearing. 40. PUBLIC HEARING & ORDINANCE - 19,306 - G -23 -342 — To abandon a right -of -way at Schiller Street, located between Maryland Avenue and Interstate 630. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Arkansas Children's Hospital and Union Rescue Mission request to abandon the one block section of Schiller Street right -of -way between Maryland Avenue and Interstate 630. Mayor Dailey opened the public hearing, and asked if anyone was present who wished to speak for or against the ordinance; there being none, Mayor Dailey closed the public hearing Director Keck made a motion, seconded by Director Cazort to recess the meeting for Executive Session to consider appointments to various Boards and Commissions. By unanimous voice vote of the Board members present the meeting recessed at 7:55 pm. The meeting was reconvened at 8:20 pm, and Mayor Dailey called the meeting back in session. 41. EXECUTIVE SESSION & RESOLUTION - 11,969 - Appointments to the Children Youth and Families Commission and Board of Adjustment. Mr. Bruce Moore, City Manager announced the following nominations: Re- appointment of Lee Charles Johnson to the Children Youth and Family Commission — At Large Position; Re- appointment of Reverend Kathy Findley, (Expertise in Domestic Violence Position) and re- appointment of Dr. LeAnn Whiteside Mansell — Expertise in Early Childhood Development, and appointment of Sister Lee Ann McNally, At -Large position. The Board of Adjustment positions 11 'B OD NI[J. rING 11It11, 5.2005 6:00 PNI are to be re- advertised. Director Adcock made the motion to accept the nominations and adopt the resolution. Director Graves seconded the motion and by unanimous vice vote of the Board members present the resolution was adopted. CITIZENS COMMUNICATIONS Speaker: Mary Dornhoffer Topic: Urged the Board to use good planning in selecting a site for the wastewater treatment plant. A motion was made by Director Keck, seconded by Director Hurst to recess the meeting to reconvene on April 12, 2005 at 4:00 PM for the purpose of considering a resolution for Zoo Bond funding. By unanimous voice vote of the Board members present, the meeting recessed at 9 P.M. ATTEST: cy ood, CMC City Clerk 12 APPROVED: J Dailey, Ntidyor