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HomeMy WebLinkAbout08-30-05Little Rock Board of directors Meeting Minutes August 30, 2005 LITTLE ROCK BOARD OF DIRECTORS MEETING MINUTES City Hall — 500 W. Markham August 30, 2005 4:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a reconvened session with Mayor Dailey presiding. The meeting was reconvened from August 16, 2005, for the purpose of discussing the rezoning of Taylor Park Subdivision, and the Master Street Plan for Kanis Road. Nancy Wood, City Clerk called the roll with the following directors present: Pugh, Keck, Wyrick, Stewart, Cazort, Hinton, Adcock, Kumpuris, Vice Mayor Graves, and Mayor Dailey. Director Hurst was not present at roll call but enrolled at 4:10 PM. 1. Ordinance - Z -7875 - Approving a Planned Zoning Development and establishing a Planned Zoning District titled Taylor Park Subdivision Long -Form PO -D, located south of Kanis Road, east of Asbury Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 7 ayes, 3 nays, I absent. Staff recommends approval. (Deferred from August 1, 2005) Synopsis: The applicant is proposing the rezoning of this site from R -2 to POD to allow the development of this 22.9 acre site with a mixture of office and residential uses. The applicant is also requesting a deferral of the required street improvements to Kanis Road. 2. Ordinance - 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 Kanis Road; and for other purposes. Planning Commission: 7 aves, 3 nays, I absent, I abstaining. Staff recommends approval. (Deferred from August 1, 2005) Synopsis: Authorizes a five (5) year deferral for a portion of street improvements required under the Master Street Plan for Taylor Park preliminary plat on Kanis Road. Director Keck began discussion by asking if the developers had formalized changes regarding the drainage and space issues that were a main point of discussion during the August 16, 2005 Board meeting. City Attorney, Tom Carpenter, stated that he was uninformed of any updates at this time. Director Cazort requested that the citizens who spoke on this subject tonight, offer alternative suggestions for solving these issues. Olan Asbury, representing the Beard family and developers, spoke first. Mr. Asbury gave a brief summery of the history of the project in question, leading up to the August 30, 2005 Board meeting. He explained that the developers have worked hard with the Planning Commission, as well as the residents in the neighborhood, and have agreed to accommodate to some, but not all of the residents requests, which ad substantial cost to the development. Unfortunately, the applicant can not satisfy all of the neighbors at this time. Therefore, the application that the Board is considering tonight, is the same that the Planning Commission has recommended, because we do not have agreement with all of the neighbors. The intent of the developers are to 1 Little Rock Board of directors Meeting Minutes August 30, 2005 provide a quality development, satisfy the neighborhood, and have a project that will work economically. Mr. Asbury goes on to say that the developer has tried his best and has offered as much as he can, and there is still no agreement from the neighborhood. He explains that the Planning Commission has approved a plan that includes a storm water retention basin, which will discharge over -flow water into the pond. The neighbors wanted to reduce or eliminate the runoff water into that pond. The developers have offered to put the storm water underground and pipe it around the pond for an additional fifty thousand dollars ($50,000.00) for development, if they could get the neighbors to contribute adequate easements for the sewer main which this developer will have to extend for the storm water pipe. They have been able to get commitments for one, but not both of those easements. If the developers can not get the easements for the sewer main extension, they feel very uncomfortable about paying the fifty thousand dollar costs, when the neighbors still may not agree to the development. Developer, Tom Holmes, stated that he and the other developers have given on so many things that were asked of them, but the neighbors still are not satisfied. Director Wyrick asked Mr. Holmes if any conversation had taken place with the neighbors since the last Board meeting. Mr. Holmes said the neighbors have agreed to give an easement for the storm water drainage, but not for the sewer drainage. The sewer main that would be put in place for the new neighborhood would allow the neighbors to gain public sewer as well. The easements would be built off of the developing property. Waste Water has already planned for these easements for a future project, if the developers do not construct them now. Mr. Holmes asked the Board, as a result of spending fifty thousand dollars ($50,000.00) for stone water piping that is not required by the Planning Commission, to be able to move forward with the project. Director Cazort asked Mr. Holmes how a sewer main would be attached to the current plan if the easements were not given by the neighbors. Mr. Holmes explained that an appraiser would value the land, an offer would be made, and if it was turned down, Waste Water would be asked to condemn the section needed. He assured the Board that Waste Water has given their support. In a year's time, Waste Water plans to place sewer lines in that area, if they are not done before then by the developers. The developers will be building a sewer extension that Waste Water has already planned to build, but sooner. Director Adcock asked how much the easement from the neighbors would cost. Mr. Holmes was not sure, but best estimates were around six thousand dollars ($6,000.00). Only two (2) property owners would be affected by this easement. Kathryn Roset, representing the White Road neighbors, reiterated from the last Board meeting that they are in complete agreement on some points regarding the sewer. They have discussed a willingness to allow the sewer easement to be placed now, as apposed to a year from now when the City comes through. What they have requested, is that the storm water be piped next to the sewer line. The developers agreed, but wanted them to give up their compensation for the sewer easement, which is what the City is supposed to pay, not the developers. This is the where the problem lies. Mrs. Roset explained that the reason they are asking for the storm water drainage, is to prevent damage that the developers are going to cause. The developers should be responsible for the cost of damage preventing. The six thousand dollars ($6,000.00) to the developers is a business cost, but to the neighbors, it will help fix damages that will occur when bringing the easement through. Their only objection to the easement is the developers paying them for damage that they know they will cause, for both sewer and water, when they are only being compensated for one. Mrs. Roset stated that the neighbors' demands had never changed, contrary to what Mr. Asbury said earlier. She read the requirements for a PO -D, and explained 2 Little Rock Board of directors Meeting Minutes August 30, 2005 that the harmonious and compatible buffer that should be in place would in fact not be there. They ask for the requirements of a PO -D be placed in this area if construction is going to occur. Five (5) feet of buffer is all the developers are willing to give, which is not enough to comply with the rules of the PO -D. Mrs. Roset spoke for the neighbors when stating that these two issues are not unreasonable, and that the developers are unwilling to make the appropriate accommodations. She implored the Board members to consider the two issues. Al Thomas. from Rose Law Firm, went over the requests that were made to the developers, such as: fence for property separation, backyard footage, development within the attic space, and right -of -way spacing. The parties did agree on storm water drainage. He explained that the neighbors are asked to pay for something that is the responsibility of the developers, which is not fair. It is not the neighbors' responsibility to bare the cost of something that they should not have to. Mr. Thomas said that to him, the neighbors are not asking unreasonable requests. The buffer should be put in place for everyone. Director Kampuris clarified the issue by saying that before the Board, was an issue of two (2) people and their property, not the other neighbors in the area. By the ordinance, set to preserve the lake, the developers have complied with everything that the Planning Commission and the City has asked of them. Kampuris stated that the extra three feet of buffering was no the issue at this time. The issue is taking easements over two people's property to create utilities for the community that will be developed. He asserted that the Planning Commission has already gone over the proposed development and has been approved it. Steve Harrelson, Director of Public Works, spoke from his point of view about the proposed project. They were presented with two (2) alternatives: create a stone water basin or pipe water around the pond. Board took a recess at 4:50 PM, and reconvened at 5:15 PM. Mr. Asbury explained that the developers wanted to amend the rezoning application to limit the homes that were going to be built on the lots along the east and south boundary lines to one and a half stories. They also wanted to amend the application to require a six (6) foot wooden privacy fence to be installed as homes are built around the parameter of the twenty -three (23) acres. Mr. Asbury stated that the developers would like to amend the application to increase the rear yard for lots on the east and south from twenty (20) feet, to twenty -three (23) feet. They would like to reduce the right -of -way from fifty (50) feet, to forty -five (45) feet. The developers would like to amend the application to install underground storm water lines and extend public sewer within two (2) adjacent easements that shall be granted by the Chapmans and Rosets. In relation to this, they would like to install a storm water retention basin in tract A. Mr. Thomas agreed with the amendments that Mr. Asbury purposed, and stated the Neighborhood Association will consent to these changes. Mr. Carpenter suggested that the easements be a condition to obtaining a building permit. Director Cazort motioned, seconded by Director Keck to amend the ordinance that would reflect the agreements read by Mr. Asbury, with Mr. Catpanter's condition relative to the building permit. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance was amended and 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 3 Little Rock Board of directors Meeting Minutes August 30, 2005 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 present, being two thirds in number, the ordinances (Items 1 -2) were passed A motion was made by Director Cazort, seconded by Director Pugh to adjourn. By unanimous voice vote of the Board members present the meeting was adjourned at 6:17 PM. /\ I K 1I 11110 PASSED: SEPTEMBER 20, 2005 ATTEST: ncy W od City Clerk 2 APPROVE: Ji Dailey Mayor