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HomeMy WebLinkAbout01-04-05Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham January 4, 2005 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. Assistant City Clerk, Nataki Blocker called the roll with the following Directors Present: Pugh, Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, and Mayor Dailey. Director Adcock gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications: Director Cazort seconded by Directory Pugh, made the motion that Items: M -1 — M -7 be added to the Consent Agenda, and to defer Items 14 and 15. By unanimous voice vote of the Board members present, the modifications were made as listed. MODIFICATIONS: ADDITIONS: M -1. RESOLUTION 11,877 - Authorizing an extension of the contract with two organizations to provide Neighborhood Support Center Services.; and for other purposes. Synopsis: Authorizing an extension of the contracts with two (2) organizations, to provide neighborhood based support centers. Funding available from FUTURE Little Rock Special Projects — Prevention, Intervention, and Treatment dollars. M -2. RESOLUTION 11,888 - Authorizing an extension of the contract with six organizations to provide Youth Intervention Programs ( "YIP ") in targeted neighborhoods; and for other purposes. Synopsis: Authorizes an extension of the contracts with six organizations to provide youth initiative projects for targeted neighborhoods. Funding available from FUTURE Little Rock Special Projects — Prevention, Intervention and Treatment dollars. M -3. RESOLUTION 11,889 - Authorizing an extension of the contract with New Futures for Youth to provide Youth Employability, Evaluation, Technical Assistance, and Violence Prevention Services and for other purposes. Synopsis: Authorization of an extension of the contract with New Futures for Youth, Inc. to provide technical assistance, youth employability, evaluation and violence prevention coordination services. Funding available from FUTURE Little Rock Special Projects — Prevention, Intervention and Treatment dollars. Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM M -4. RESOLUTION 11,890 - Authorizing an extension of the contract with the Arkansas Department of Human Services, Bureau of Alcohol and Drug Abuse Prevention, to provide Adult Substance Abuse Treatment Services in a residential setting to Little Rock residents; and for other purposes. Synopsis: Authorizes an extension of the contract with Arkansas Department of Human Services, Bureau of Alcohol and Drug Abuse Prevention to provide adult substance abuse treatment services in a residential setting to Little Rock residents. Funding available from FUTURE Little Rock Special Projects — Prevention, Intervention and Treatment dollars. M -5. RESOLUTION 11,891 - Authorizing an extension of the contract with five organizations to provide Youth Neighborhood -based out of school time programs in targeted neighborhoods; and for other purposes. Synopsis: Authorizing an extension of the contracts with six organizations to provide youth neighborhood based out of school time programs for targeted neighborhoods. Funding available from FUTURE Little Rock Special Projects — Prevention, Intervention and Treatment dollars. M -6. RESOLUTION 11,892 - To extend the 120 -day moratorium established in Little Rock, Ark., Resolution No. 11,824 (September 14, 2004) for a period not to exceed thirty (30) days while the Board of Directors considers a new declaration of scenic corridors and for other purposes. M -7. RESOLUTION 11,893 - Authorizing the City Manager to enter into a governmental services agreement with Pulaski County, Arkansas for the purpose of providing animal services; and for other purposes. DEFERRAL 14. ORDINANCE Defer to February 1, 2005 - Z -5803 — Approving a planned zoning development and establishing a planned commercial district titled Little Rock Auto Group Revised Short -form PCD located at 12601 West Markham Street, in the City of Little Rock; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: y ayes, 2 noes, 2 absent). Staff recommends denial. Synopsis: The applicant proposes to place eight banners on four light poles advertising the four franchises held by the automobile dealership. 15. ORDINANCE Defer to January 18, 2005 - To rescind the Little Rock Planning Commission's action in denying a special use permit for a day care family home located on the R -2 zoned property at 6709 Lantana Road. (Planning Commission: 5 ayes, 4 noes, 2 absent). Staff recommends approval. 2 Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM Housing Authority Board of Commissioners, Directors Stewart and Adcock, Little Rock Municipal Airport Commission, Vice Mayor Graves, and Director Pugh, Little Rock Parks and Recreation Commission, Director Hurst and Vice Mayor Graves, Little Rock Planning Commission, Director Wyrick, Little Rock Port Authority, Directors Keck and Pugh, Little Rock Sanitary Sewer Committee, Vice Mayor Graves, McArthur Military History Museum, Director Wyrick, Midtown Development District, Director Hurst, Museum of Discovery Board of Trustees, Directors Cazort and Wyrick, Project Progress Committee, Directors Wyrick and Pugh, Racial and Cultural Diversity Commission, Director Hinton and Stewart, Sister Cities Commission, Directors Hurst and Pugh, Central Arkansas Water, Vice Mayor Graves, Zoo Board of Governors, Director Cazort, Downtown Partnership, Directors Keck, Kumpuris and Hurst, Metroplan, Mayor Dailey, Municipal Judges Retirement Board, Director Stewart, Work Force Investment Board, Director Adcock, Environmental Task Force, Directors Adcock and Pugh, New Futures for Little Rock Youth Board of Directors, Mayor Dailey. A motion was made by Director Adcock, seconded by Director Cazort, to accept the listed nominations... By unanimous voice vote of the Board members present the appointments were made, the resolution adopted. PRESENTATIONS: Interviews for the Little Rock Planning Commission were conducted. The applicants were Bill McElway, and Jeff Yates. CONSENT AGENDA (1 -2) 1. MOTION - Z -7700 - To set the date of public hearing for January 18, 2005 on a petition to rescind the Little Rock Planning Commission's action in denying a zoning request Basham Cantrell Long -Form POD located on the south side of Cantrell Road, just west of Taylor Loop Road. (Planning Commission: 5 ayes, 4 noes, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single family to POD to allow the development of the site with a three lot plat /plan for six office buildings. 2. RESOLUTION 11,894 - To authorize the City Manager to enter into contract with Bale Chevrolet in the amount of $70,325 for one 7 Cubic Yard Dump Truck with auxiliary hydraulic for the Public Works Street Operations. Synopsis: Ten bids were received for Bid 94303. Bale Chevrolet was the lowest responsible bidder meeting minimum specifications. The Consent Agenda was read which included Items 1 and 2, and Items M -1 — M -7. A motion was made by Director Adcock, seconded by Director Hurst adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS Speaker: Troy Laha 11 Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM Topic: Thanks to the Public Works Crew for their work during the ice and snow over the past week. PLANNING AND DEVELOPMENT GROUPED ITEMS: Items 3 - 9 3. ORDINANCE 19,254 - Z- 4644 -C - Approving a planned zoning development and establishing a planned commercial district titled Yelenich Revised Long -Form PCD located at 2000 and 2010 University Avenue, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 ayes, 0 noes, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to place banners on decorative light poles within the existing development. The applicant is not proposing any advertisements or logos as part of the banner request. 4. ORDINANCE 19,255 - Z- 7025 -B — Approving a planned zoning development and establishing a planned commercial district titled Creekwood Plaza Revised Long -Form PCD located on the northeast corner of Kanis Road and Bowman 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: 9 ayes, 0 noes, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to change the use mix of the site and to allow the placement of outdoor dining areas within the existing development. 5. ORDINANCE 19,256 - Z- 7346 -A - Approving a planned zoning development and establishing a planned commercial district titled Grandpa's Catfish Revised Short -Form PCD located at 9219 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: 9 ayes, 0 noes, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to revise the previously approved site plan to relocate the dumpster from the rear of the existing building to the street side. 6. ORDINANCE 19,257 - LU04 -29 -01 — To amend the Land Use Plan (16,222) in the Barrett Planning District from neighborhood commercial and single- family to commercial and suburban office; and for other purposes. (Planning Commission: 9 ayes, 0 noes, 2 absent.) Staff recommends approval. Synopsis: Land Use Amendment in the Barrett Planning District from Neighborhood Commercial and Single Family to Commercial and Suburban Office for future development. 7. ORDINANCE 19,258 - Z -7737 - Approving a planned zoning development and establishing a planned commercial district titled Presley Long -Form PCD located at 25914 Highway 10, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 ayes, 0 noes, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site form R -2 Single Family to Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM PCD to recognize existing uses and allow C -1 Neighborhood Commercial District uses as alternative uses for the site. 8. ORDINANCE 19,259 - Amending the Code of Ordinances of the City of Little Rock, Arkansas providing for a deferral of master street plan construction requirements for 25914 Highway 10 near Goodson Road. Staff recommends approval. Synopsis: The property is outside the corporate city limits, but within the extra - territorial boundary for zoning review. 9. ORDINANCE 19,260 - To grant a waiver of street improvements under the Master Street Plan for Davis Addition located on Crystal Valley Road at Whippoorwill Lane. Staff recommends approval. The grouped items (Items 3 -9) were read the first time. Director Adcock, seconded by Director Cazort 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 to provide for the second readings. The rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Cazort made the motion to suspend the rules and place the ordinances on third readings. By unanimous voice vote of the Board members present, being two - thirds in number the rules were suspended to provide for the third readings. The rules were suspended and the ordinances were read the third times. By unanimous voice vote of the Board members present, being two - thirds in number the ordinances passed. SEPARATE ITEMS: The Separate Items consisted of Items 10 —17. 10. ORDINANCE 19,261 - Z- 6120 -J - Approving a planned zoning development and establishing a planned residential district titled Capitol Lakes Estates Governors Manor Long - Form PD -R located north of Capitol Hills Boulevard at Rushmore Avenue, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 ayes, 0 noes, 2 absent) Staff recommends approval. Synopsis: The applicant proposes a rezoning of the site from R -2, to PD -R to allow the development of a detached single - family subdivision containing 45 lots on the 9.12 acre tract. 11. ORDINANCE 19,262 - S- 1100 -E — 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 a reduced front lot width on selected lots, a variance to allow a reduced lot depth on selected lots„ a variance to allow a reduced front yard building line on selected lots for the Capital Lakes Estates Tract — A — Governors Manor — Preliminary Plat, located north of Capitol Hills Boulevard at Rushmore Avenue. (Planning Commission: 9 ayes, 0 noes, 2 absent) Staff recommends approval. Synopsis: The applicant is requesting n Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM the following variances from the Subdivision Ordinance in developing 9.12 acres with 45 single - family lots. (1) A variance to allow a reduced front lot width on selected lots. (2) A variance to allow a reduced lot depth on selected lots. (3) A variance to allow a reduced minimum lot square footage on selected lots. (4) A variance to allow a reduced front yard building line on selected lots. Mayor Dailey announced that he did not have any speaker cards presented for Items 10 and 11. Director Keck stated he had one question for staff as a point of clarification. He asked if what is coming forward tonight, is specifically what the Board asked for that was previously requested as a variance, that these variances have now been modified to be Planned Development and that there is nothing new or different than what had been discussed and voted on earlier. Mr. Tony Bozynski, the Planning Director, answered that this was correct; there are two ordinances before the Board. The first one is to approve the development as a Planned Development Residential, and the second ordinances are the variances from the sub - division ordinance and it is for forty -five lots; identical to what was presented before as a preliminary plat issue. Director Adcock asked if Spring Valley Neighborhood had been notified. Mr. Bozynski stated they had, and he had received word that they were in support of the development as approved by the Planning Commission. The ordinances (Items 10 and 11) were read the first time. Director Adcock made a motion seconded by Director Keck 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 Adcock, seconded by Director Cazort, made the motion to suspend the rules to provide for the third and final readings. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the third readings. 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 passed. 12. ORDINANCE - Held on 1St Reading until January 18, 2005 - Z -7773 — Approving a planned zoning development and establishing a planned residential district titled Whispering Hills Long -form PD -R located south of Alexander Road, west of Pam Drive South, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock,; and for other purposes. (Planning Commission: 7 yes, 2 noes, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, single - family to PD -R to allow the development of the site with single - family homes 13. ORDINANCE- Held on 1St Reading until January 18, 2005 - S -1454 — Grant 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 building line (15 ft.) on the proposed residential lots for the Whispering Hills Subdivision Preliminary Plat, located south of Alexander Road, west of Pam Drive South. (Planning Commission: 7 ayes, 2 noes, 2 absent). .Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, single - family to PD -R to allow the development of the site with single- family homes. 7 Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM There were a number of cards turned in to speak in opposition to the development, which are listed as follows: David McMahon, Katherine McMahon, Carroll Steele, Barbara Steele, Bill D. James, Mary Vaden, Reggie Crouse, Laurie Kiersey, Don Robbins, Sharon Ussery, Woody Ussery, Harold Williams, Lemand J. Johnson, Janette, Johnson, Sue James, Carlos Wilson, Charles Gleber, Sherry Gleber, Cody Velez, Paulette Bassett, Lisa Pemberton, John Pemberton, Wanda Phillips, Linda Pemberton, Downey Buffington, Jennifer Taylor, Elizabeth Taylor, Daniel Taylor, Ruth Hopkins, Ron & Ruth Hopkins, Ella Hill, Hayward Hill, Elaine Crouse, Ray Schieber, Homer Ellis, Jack Mitchell. Director Keck stated he had heard some concern that this plan had been presented conception in one format and modified as it went through the planning process and possibly even to the point where people are not sure what is taking place with this development and asked Mr. Bozynski, Planning Director, if he could clarify the Planned Development, with what, if any modifications have occurred and specifically if there have been any changes since the Planning Commission voted, and the item sent to the Board. Mr. Bozynski stated this item came to the Planning Commission as a Plat issue, similar to Capital Lakes. During the discussion at the Planning Commission, several issues were raised by Commissioners and staff and it was strongly encouraged that the applicant considers re- filing or deferring the item and coming back with a Planned Residential Development. That is what is before the Board, a PRD, and Planned Development Residential. This is an ordinance to reclassify the property from the currently R -2 Single - family to the Planned Development. The second ordinance is to grant a variance from the sub - division ordinance to allow a 15 foot building line. Nothing has changed between the Planning Commission's action on this item, and they did recommend approval. It is 15 lots on 5 acres, which approximately works out to 3 units per acre which is in line with R -2 or Single - family density, which is normally 3 to 5 units per acre. The proposed lots range in size from approximately 7000 square feet to a little over 18,000 square feet with an average of about 8900 square feet. The minimum lot size for an R -2 development is 7000 square feet. Director Keck asked in the Planned Development if there are specifics of the size of homes that will go into the area. Mr. Bozynski answered that buildable areas have been defined on each lot, which was one of the issues because there was concern whether some of the lots could be built on, but that is not a problem now. The applicant has indicated a minimum house size of 1000 square feet. Director Adcock asked that since this is more or less out in the country, what type of green space has been set aside. Mr. Bozynski stated for the development itself there isn't any common green space; the lots are good size so they would be able to provide play areas for the children. Director Wyrick asked what if anything had been done to address drainage issues. She stated the neighborhoods have major concerns about the water coming down behind the current homes, which could overflow the pond which is there. Mr. Guy Lowes, Public Works Director, stated they have done what has been asked, which is pipe and drain the water to the main ditch. He said there had been concerns this was in the flood plain, but it is not in the FEMA flood plain. He said there were concerns about an open ditch, but the developer has agreed to place a pipe and put it underground because the ditch was running by the houses. Director Adcock asked what impact this development would have on the water improvement district and sanitary sewer district in the area, and asked if these residents would pay into those districts. Mr. Guy Lowes, Public Works Director, stated he would have to defer that question to the City Attorney. Mr. Carpenter, City Attorney, stated if Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM its improvement districts, the owner's would pay. Director Adcock stated that the people who have paid into this district all these years, would this offset some of the cost to them? Mr. Carpenter stated he did not know the answer to that question. Director Adcock if staff could get that information. Mr. Paul Evans, applicant, stated he would like to clarify the square footage of the homes. Mr. Evans stated 1000 square feet is what the Planning Commission stated the minimum square footage should be. He said he had proposed from the beginning that the homes would be at least 1500 square feet, heated and cooled, with an approximately 400 square foot two car garage. He stated he met with the people in the neighborhood association and had told them that at the meeting, and did not know how this was misconstrued that these would be 1000 square foot homes. That was never the plan. Mr. Troy Laha representing Mr. Evans stated that he might be able to clear up the in lieu of contribution question. He said the applicant has to spend some money to put in the retention basins and pipes, etc., and he had asked staff to give him a figure that would be an in lieu contribution to figure out which is the most economical way for them to do it. Mr. Guy Lowes stated there is a provision where the developer can do an in lieu but staff has to figure if, from a hydraulic standpoint that is feasible. He said it is not done very often, usually if the development is close to a main ditch or the Arkansas River. Director Adcock state Whispering Hills was built about thirty years ago, and two lanes of traffic cannot go at the same time, and asked Mr. Evans how he intended to get all his construction equipment down the street that the neighborhood is using. Mr. Evans stated he was not using Whispering Hills, it would be barricaded and their own road would be cut in off of Alexander Road. Director Adcock asked if this would be a dedicated street. Mr. Evans stated it would be dedicated to the City. Concerns of the citizens listed above included the size of the homes and lot sizes for these homes, and that they presented inconsistencies such as costs to build homes, and whether grant subsidies to build the homes would be obtained, and that they were against low income housing in the area. They wanted homes and lots built that would be comparable to the existing homes and lots in this area. They feared devaluation of their homes. They did not want small houses with small lots and no building lines. They stated there are drainage issues, and feel the problems will get worse as they build the land up for the development. A detention pond is proposed, but they don't want this pond in their back yard. They wanted to maintain their neighborhood. The neighborhood people stated if the developer would only build ten homes, they could support this development. There was lengthy discussion regarding the drainage issues and the building of the road. Some of the neighbors were within twenty feet of the edge of the road the developer is proposing to build. Director Adcock made a motion, seconded by Director Hurst seconded the motion, to add an additional five minutes per side to allow time for additional speakers. The Board voted by a show of hands, and there were not sufficient votes to carry the motion. The applicant, Mr. Evans said the Planning Commission said there could be a minimum of a 1000 square foot home, but said he had never stated these would be 1000 square foot homes. Director Keck stated that he understood the application for the planned development lists the 1000 square feet and if he wanted to amend that, then that needed to be taken into consideration. He said he thought this was a point of confusion, and of concern, and wanted to provide the applicant with the opportunity to clarify the record. Mr. Evans stated he had no problem in amending the application, that he had no plans to build 1000 square foot homes. He said he would amend it to a minimum of 1550 square feet, with a minimum of a 399 square foot garage. Mr. Evans stated he said they had the appraisals done by Tommy Matthews, a state approved real estate appraiser. E Minutes Little Rock Board of Directors Meeting January 4, 2005 6:00 PM He said he had in writing that a 2176 square foot home, in Whispering Hills sold for $92,700. That estimate from Tommy Matthews's office was that 1550 square foot with a 399 foot garage would sell for $130,000. He stated this is not a low income home; it's a moderate income home. He said even if the CDBG does provide a $20,000 grant for the buyers, they still have to be approved for $110,000 which is still over what their homes are selling for. Mr. Evans stated he would amend to not having construction vehicles on Whispering Pines Drive. Mr. Bozynski stated that needed to be included in the amendment. Director Adcock asked Mr. Evans to amend the application to 10 homes rather than 15. Mr. Evans said no. Director Adcock asked if he would include green space. Mr. Evans stated they will have small yards. Mr. Carpenter stated the Board is raising a number of issues, that may well be legitimate issues, but it is not the application before the Board, and stated he was a little uncomfortable with getting to the minimum house size, but the discussion is getting to the house size, the garage size, the green space between the two, and if these things need to be done, that is what sending this back to the Planning Commission would be the correct thing to do. Mr. Carpenter stated at some point there is almost a coercive effect to get what is wanted, and thought that is the thing that needs to be avoided. Director Keck stated he was hearing a willingness of the applicant to clarify some of the points of objection the neighborhood has expressed. They are legitimate points of objection and thought there are points of confusion, and was not certain if there was not enough agreement, that it would be good to leave this item on first or second reading and allow the applicant the opportunity to meeting with the neighborhood, to specifically state what his project is going to be, if he is willing to do that, and make certain that it is reflected in his application that is before the Board and then the Board gets out of the negotiation at the Board table and its taken care of in another venue that is far more productive than this. Mayor Dailey asked the City Attorney, from a process stand point, if the applicant comes back to the Board for some sort of proposal for amendments, would he be okay with this versus it going back to the Planning Commission. Mr. Carpenter stated he thought this was up to the Board. Director Cazort stated he agreed with Mr. Carpenter that the Board should not be a the point of negotiation, but on the two issues having to do with minimum square footage and the street closing is making sure it is in writing. The applicant has said he thought was there, and staff saying it is not. He stated he did not see that as a major change and was something that could be added. The ordinances (Items 12 and 13) were read the first time. There was no motion to suspend the rules. Director Kumpuris stated the one issue of great concern was the drainage, and wanted a definite plan from the applicant that spells out what they are going to do. He stated he would like staff to come back with a definite plan. Director Adcock asked for a report from the Improvement Districts. Director Cazort stated while the ordinance has not officially been amended tonight to contain different house sizes or street closing, he would assume any discussion going forward should go forward with the understanding that those will be there in the version that would be voted on based on what the applicant has stated at this meeting. Mayor Dailey announced this would remain on first reading to come back in two weeks with questions to be answered by staff as well as some additional clarification by the applicant. 14. ORDINANCE - Deferred until February 1, 2005 - Z -5803 — Approving a planned zoning development and establishing a planned commercial district titled Little Rock Auto Group 10