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HomeMy WebLinkAboutMemo Carpenter to Board of Directors on amendmentOFFICE OF THE CITY ATTORNEY Little Rock, Arkansas MEMORANDUM TO: Mayor Stodola & Members of the Board of Directors FROM: Thomas M. Carpenter City Attorney Re: Proposed Ordinance Amending Master Street Plan on Pinnacle Valley Road DATE: 7 December 2007 EXECUTIVE SUMMARY The agenda for 18 December 2007 includes an ordinance to amend the Master Street Plan on Pinnacle Valley Road. The City's section of the road lists it as a minor arterial. Immediately past the railroad tracks on the road, the Pulaski County plan, on which the City participated, requires only two lanes with curb and gutter. Presently, the traf- fic counts on Pinnacle Valley do not justify a minor arterial status. The proposed ordi- nance would review the minor arterial status. This issue is complicated because of litigation that involves Keith Wingfield, the City, and Wingfield Martin. Mr. Martin claims that the minor arterial standard should be met. Mr. Wingfield claims that the City permitted the lesser requirements set by the County plan. Trial is set for 5 January 2007 in the Pulaski Circuit Court. This office, and the City, are attempting to settle this case. In addition to a discussion of the various issues, attached to this memorandum are four documents for your consideration: (1) The first document is the Board of Directors Communication dated December 4, 2007 re- garding the proposed Ordinance. (2) The second document is the Planning and Development Department's write-up of the pro- posed amendment to the Master Street Plan. (3) The third document is the proposed ordinance amending the Master Street Plan. (4) The fourth document is a copy of the Second Amended Appeal of Zoning Ordinance and Request for Declaratory Judgment, Winfield Martin v. City of Little Rock, et. al., Pulaski County Circuit Court Case No. CV -06-1630. Because settlement of the litigation is possible, this office recommends a possible defer- ral from the 18 December 2007 Board agenda. OFFICE OF THE CITY ATTORNEY Memorandum to Mayor Stodola & Members of the Board of Directors Re: Proposed Ordinance Amending Master Street Plan on Pinnacle Valley Road 7 December 2007: PAGE 2 of 3 DISCUSSION The City's Department of Planning and Development has proposed modifying the City's Master Street Plan to adopt a modified design standard for Pinnacle Valley Road from Cantrell Road to County Farm Road. The Master Street Plan currently designates that portion of Pinnacle Valley Road as a minor arterial street. The design standard for a minor arterial street is a 90 foot right-of-way with two travel lanes in both directions with a 14 foot median in the center. The proposed modified design standard pro- vides for 22 feet of pavement for two travel lanes, two 7 foot paved shoulders and open ditches on both sides. The right-of-way of 90 feet is not proposed to change. The proposed modified design standard is consistent with the Pulaski County design standard for Pinnacle Valley Road from County Farm Road to the east boundary Pinnacle Mountain State Park and would bring the City's Master Street Plan in align- ment with the Pulaski County Master Street Plan. In 2005, Keith Wingfield, representing St. Pat Properties, LLC, proposed the development of an ap- proximate 7 -acre tract of property on Pinnacle Valley Road, just North of Cantrell Road and requested that the property be zoned PD -R. The Planning Commission did not recommend approval of the PD -R and Mr. Wingfield appealed to the Board of Directors. On January 10, 2006, the Board approved Mr. Wingfield's zoning application pursuant to Little Rock Ordinance ("LRO") 19,468, establishing a Planned Residential District titled Pinnacle Valley Court Long -Form PD -R (Z-7952). As part of the dis- cussion before the Board, it was determined that instead of making an in lieu payment for future street construction, Mr. Wingfield would be required to make improvements to Pinnacle Valley Road to meet the Pulaski County standard, as recommended by the Planning and Development Department and the Public Works Department. The approved preliminary site plan reflected street improvements consistent with the Pulaski County standard. On February 9, 2006, Mr. Wingfield Martin, who resides on County Farm Road, brought a lawsuit against the City challenging the enactment of LRO 19,468. Mr. Martin has subsequently amended his lawsuit on two occasions. A copy of the Second Amended Appeal of Zoning Ordinance and Request for Declaratory Judgment is attached at Tab 4. Mr. Martin alleges that the City acted arbitrarily, capriciously and unreasonably with respect to the enactment of LRO 19,468, Mr. Martin alleges that the City's actions provide no definitive standard regarding Pinnacle Valley Road. He additionally alleges that the City failed to follow its own ordinances, particularly the Boundary Street Ordinance, which requires a devel- oper to construct boundary street improvements as required in the Master Street Plan or to make an in -lieu cash contribution. Little Rock Code ("LRC") §§ 30-276, et. seq. Mr. Martin's lawsuit brought the issue of the disparity between the City's Master Street Plan and the County's Master Street Plan for Pinnacle Valley Road to the attention of Planning and Public Works staff. Based upon this disparity, the Planning and Development Department proposed amending the Master Street Plan. While an amendment of the Master Street Plan may have some impact on the pending litiga- tion, the amendment to the Master Street Plan was proposed for purposes other than the litigation. Spe- cifically, the amendment was proposed so that the design standards for Pinnacle Valley Road from High- way 10 to County Farm Road (the City section of the road) would be in alignment with Pinnacle Valley Road from County Farm Road to Pinnacle Mountain State Park (the County section of the road). The City, Mr. Wingfield and Mr. Martin are currently attempting to negotiate a settlement of the pending litigation and anticipate meeting with the parties during the next week. Because settlement nego- OEEICE OF THE CITY ATTORNEY Memorandum to Mayor Stodola & Members of the Board of Directors Re: Proposed Ordinance Amending Master Street Plan on Pinnacle Valley Road 7 December 2007: PAGE 3 OF 3 tiations are ongoing, it is my recommendation that the Board defer discussion of the proposed ordinance amending the Master Street Plan during the December 11 Board meeting. CONCLUSION The application of the Master Street Plan to Pinnacle Valley Road is currently the subject of litiga- tion. Based upon ongoing discussion with the parties to the litigation in an attempt to reach a settlement of this matter, I recommend that the Board defer discussion of the ordinance during the December 11 Board meeting. Based upon the result of the negotiations, it may be appropriate to include the proposed ordinance on the December 18 agenda. Please let me know if you have any questions. TMC:ct cc. Bruce T. Moore, City Manager Tony Bozynski, Director, Department of Planning and Development Ronnie Loe, Acting Director, Department of Public Works Mike Hood, Civil Engineering Manager, Department of Public Works William C. Mann, III, Chief Deputy City Attorney Amy Beckman Fields, Deputy City Attorney Shayla Beebe, Operations Administrator