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HomeMy WebLinkAboutZ-7603-D Application 1City of Little Rock Planning and Development Filing Fees Date: ! { , 20_L-1 -1 Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea. Public Hearing Signs Number at�ea. Total 1a:lo AT^ $ 7.-" 2008038664 Received: 5/28/2008 2:41:32 PM Recorded: 0512812008 03:00:39 PM Filed & Recorded in Official Records of PAT O'BRIEN. PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $45.00 ORDINANCE NO. 19,946 AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED CANTRELL FALLS LONG - FORM PCD (Z -7603-D), LOCATED NORTH OF CANTRELL ROAD AND WEST OF TAYLOR LOOP ROAD, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from POD and PCD to PCD: Part of the NE '/4 of the NW '/4, Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas, more fully described as follows: beginning at the northeast corner of Lot B -2-R, Regions Subdivision, an addition to the City of Little Rock, Arkansas, said corner lying on the north line of said NE '/4 NW '/4, 253.49 feet from the northwest corner thereof; thence S 89034'46"E along said north line, 280.33 feet thence S01 ° 18' 18"W, 604.84 feet to a point on the north right -of -ay line of Arkansas State Highway 10 (Cantrell Road); thence N69'23'1 5"W along said north right- of-way line, 299.79 feet to a point on the southerly extension of the east line of said Regions Subdivision; thence N01 °36'22"E along said east line, 501.40 feet to the point of beginning, containing 155,826 square feet or 3.5773 acres more or less. AND Part of the NE %4 NW %a of Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas more particularly described as follows: Commencing at the northeast comer of Lot B -2-R, Regions Subdivision, Little Rock, Arkansas, thence S89°34'46"E 280.33 feet to the point of beginning; thence S88°44'54"E 297.83 feet; thence S01 °32'36"W 316.16 feet; thence S01 °20'08"W 333.19 feet to a point on the north right of way line of State Highway #10, thence northwesterly following: N89°49'07"W 113.70 feet; thence N78'45'45"W 101.61 feet; thence N69°23' 15"W 87.50 feet thence leaving said right of way N0l ' 18' 18"E 604.84 feet to the point of beginning containing 4.34 acres more or less. _;. r. TPels . C . 1.. ?, PRSi4t�`S J,�e SECTION 2. That the approval of Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is subject to compliance with the following additional conditions: • That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. • The hours of operation for Lots 1, 2 and 4 are limited to 6:00 am to midnight seven days per week. The hours of operation for Lot 3 is limited to 10:00 am to midnight seven days per week. • The hours of dumpster service and the service hours of the suppliers are limited to daylight hours. • The approved uses are limited to the following: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). ■ The approved site plan allows the construction of a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 6,000 square foot restaurant, a 10,500 square foot retail center and a 2,000 square foot bank on Lot 4. • An earthen berm will be provided along the Cantrell Road frontage within the 40 -foot landscape strip constructed to a minimum height of 42 inches measured from the average grade of the site. • The 40 -foot landscape strip along Cantrell Road will include a earthen sculpture and a stone water feature and will be landscaped per the typical standards of the Highway 10 Design Overlay District. SECTION 3. That the change in zoning classification contemplated for Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 5. That this Ordinance shall not take effect and be in full force until the final approval of the plan. 2 SECTION 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in Rill force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 7. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: April 1, 2008 ATTEST: ity of Little R k Clerk APPROVED AS TO FORM: '4"*'. V. City Attorney APPROVED: Mayor 280.60' 267.73' F. wv Pa R n0I.34•-8 178.94' Z -7603-D 0 PDC COMPANIES* LONG -FORM PCD d Vicinity Map Land Use Case: Z -7603-D N Location: North of Cantrell Road and West of Taylor Loop Road Ward: 5 PD: 1 0 100 200 Feet CT: 42.05 TRS: T2N R 13W 19 Area Zonin Case: Z -7603-D N Location: North of Cantrell Road and West of Taylor Loop Road Ward: 5 PD: 1 0 150 300 Feet CT: 42.05 TRS: T2N R 13 W 19 2008036664 Received: 5128/2008 2:41:32 PM Recorded: 05/2812008 03:00:39 PM Filed & Recorded in Official Records of PAT O'BRIEN- PULASKI COUNTY CIRCUITICOUNTY CLERK Fees $45.00 ORDINANCE NO. 19,946 AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED CANTRELL FALLS LONG - FORM PCD (Z -7603-D), LOCATED NORTH OF CANTRELL ROAD AND WEST OF TAYLOR LOOP ROAD, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from POD and PCD to PCD: Part of the NE '/4 of the NW '/4, Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas, more fully described as follows: beginning at the northeast corner of Lot B -2-R, Regions Subdivision, an addition to the City of Little Rock, Arkansas, said corner lying on the north line of said NE '/4 NW '/4, 253.49 feet from the northwest corner thereof; thence S 89°34'46"E along said north line, 280.33 feet thence SOI °18' 18"W, 604.84 feet to a point on the north right -of -ay line of Arkansas State Highway 10 (Cantrell Road); thence N69'23'1 5"W along said north right- of-way line, 299.79 feet to a point on the southerly extension of the east line of said Regions Subdivision; thence NOl °36'22"E along said east line, 501.40 feet to the point of beginning, containing 155,826 square feet or 3.5773 acres more or less. AND Part of the NE %4 NW %4 of Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas more particularly described as follows: Commencing at the northeast corner of Lot B -2-R, Regions Subdivision, Little Rock, Arkansas, thence S89°34'46"E 280.33 feet to the point of beginning; thence S88°44'54"E 297.83 feet; thence SOI °32'36"W 316.16 feet; thence SO 1 °20'08"W 333.19 feet to a point on the north right of way line of State Highway #10, thence northwesterly following: N89°49'07"W 113.70 feet; thence N78°45'45"W 101.61 feet; thence N69°23' 15"W 87.50 feet thence leaving said right of way NO l ° l 8'18"E 604.84 feet to the point of beginning containing 4.34 acres more or less. kt; � � �: • �'� r, nKl�tts�`s �� . 111111111111 SECTION 2. That the approval of Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is subject to compliance with the following additional conditions: • That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. • The hours of operation for Lots 1, 2 and 4 are limited to 6:00 am to midnight seven days per week. The hours of operation for Lot 3 is limited to 10:00 am to midnight seven days per week. ■ The hours of dumpster service and the service hours of the suppliers are limited to daylight hours. • The approved uses are limited to the following: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). • The approved site plan allows the construction of a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 6,000 square foot restaurant, a 10,500 square foot retail center and a 2,000 square foot bank on Lot 4. • An earthen berm will be provided along the Cantrell Road frontage within the 40 -foot landscape strip constructed to a minimum height of 42 inches measured from the average grade of the site. • The 40 -foot landscape strip along Cantrell Road will include a earthen sculpture and a stone water feature and will be landscaped per the typical standards of the Highway 10 Design Overlay District, SECTION 3. That the change in zoning classification contemplated for Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 5. That this Ordinance shall not take effect and be in full force until the final approval of the plan. 2 SECTION 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 7. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: April 1, 2008 ATTEST: it of Little R k Cierk APPROVED AS TO FORM: City Attorney APPROVED: Mayor 3 2W.eo' _ � r 227.73• �Z-7603-D O PDC COMPANIES 0 LONG -FORM PCD SF T a a SO 0 a T o o P(:p p SF C o Q o 0 o D Vicinity Map Land Use Case: Z -7603-D N Location: North of Cantrell Road and West of Taylor Loop Road Ward: 5 PD: 1 0 100 200 Feet CT: 42.05 TRS: T2NR13W19 Area Zoni Case: Z -7603-D N Location: North of Cantrell Road and West of Taylor Loop Road Ward: 5 PD: 1 0 150 300 Feet CT: 42.05 TRS: T2NR13W19 Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM Little Rock Board of Directors Meeting April 1, 2008 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Mark Stodola presiding. Nancy Wood, City Clerk, called the roll with the following Directors present: Hendrix, Adcock, Keck, Cazort, Richardson, Fortson, Kumpuris, Wyrick, Wright, Vice Mayor Hurst, and Mayor Stodola. Director Wyrick was absent. Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola asked that the listed modifications be considered: DEFERRALS: 11. ORDINANCE (Z-8304) — Deferred to April 15, 2008. Reclassifying property located at 14824 Crystal Valley Road in the City of Little Rock, Arkansas, form R-2 to AF; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the 31.5 acre property located at 14824 Crystal Valley Road is requesting that the zoning be reclassified form R-2 to AF. 20. PUBLIC HEARING & ORDINANCE G-23-396 — Deferred to May 6, 2008. To abandon portions of Corning Drive, Selma and East 100' Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 12 absent. Staff recommends approval. (Deferred from March 18, 2008). Synopsis: Little Flock National Airport, adjacent property owner, requests to abandon portions of Corning Drive, Selma and East 10 Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; and for other purposes. Director Adcock made a motion, seconded by Director Cazort to amend the agenda to include the deferrals listed. By unanimous voice vote of the Board Members present, the Modifications were accepted. The Consent Agenda consisted of Items 1— 8. 1. MOTION To approve minutes of the regular Board of Directors Meetings of February 5, 2008, and March 4, 2008. 2. RESOLUTION NO. 12672 Declaring April 2008 to be "Child Abuse Prevention Month" in the City of Little Rock, Arkansas; and for other purposes. Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM 3. RESOLUTION NO. 12673 G-25-199 — To change the name of a portion of Marshall Street to Children's Way. Planning Commission: 9 ayes, o nays, 2 absent. Staff recommends approval. Synopsis: Arkansas Children's Hospital and the majority of owners and occupants of properties abutting Marshall Street between West 8`h Street and Daisy L. Gaston Bates Drive are requesting that the name of that portion of the street be changed to Children's Way. 2. RESOLUTION NO. 12674 - To call upon sub -prime mortgage lenders, servicers for properties and adjustable rate home mortgages, located in the City of Little Rock, Arkansas, to be sensitive to the impact of home foreclosures on the local economy and surrounding properties; to seek creative methods not to foreclose on these properties for a six month period of time; and for other purposes. 3. RESOLUTION NO. 12675 - To certify local government endorsement of Sage V Foods, LLC, located at the Port of Little Rock, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program (as authorized by Section 15-4-2706(D) of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends approval. Synopsis: The project will result in 60-100 new jobs and there will be a total investment of $22,636,000. 7. RESOLUTION NO. 12677 - To approve a purchase order with Cruse Uniforms, Inc., state contract vendor, for the purchase of Little Rock Police Department ammunition for the 2008 Police Recruit School. Staff recommends approval. Synopsis: The Police Department is requesting approval to award a purchase order to Cruse Uniforms, Inc., the State contract vendor for Remington ammunition, for the purchase of Police ammunition for the 2008 Police Recruit School. $104,968.38 is available from 2008 Police Departmental budget accounts. 8. RESOLUTION NO. 12,678 - To approve a contract with American Solutions for the purchase of Little Rock Fire Department job shirts, in an amount not to exceed $17,000 per year. Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting approval to authorize the City Manager to enter into a contract with American Solutions for the purchase of Fire Department job shirts for department personnel. Director Adcock made a motion seconded by Vice Mayor Hurst to hold Item 4 separately for a presentation by Director Richardson who sponsored the resolution. By unanimous voice vote of the Board Members present the motion carried. The Consent Agenda consisting of items 1-3, and 5-8 was read. 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, the Consent Agenda was adopted. Item 4, was held separately and Director Richardson gave an overview of the cost, impact and effects of home foreclosures, and asked the mortgage lenders, service providers for properties and adjustable rate mortgages, located in the City of Little Rock, to delay foreclosure for a six month period of time. A motion was made by Director Adcock, seconded by Director Richardson to adopt the resolution. By unanimous voice vote of the Board Members present, the (Item 4) resolution was adopted. 4 Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM CITIZENS COMMUNICATIONS Speaker: Ruth Bell Topic: Recycling Awareness Speaker: Luke Scrabble Topic: Clarification on Advertising and Promotions Commission Report Speaker: Robert Webb Topic: No Land Bank Commission Representation in Ward 2 The Grouped Items consisted of Items 9-10, and Items 12-16. Item 11 was deferred to April 15, 2008. 9. ORDINANCE NO. 19941 - LU -08-20-01 - A Land Use Plan Amendment in the Pinnacle Planning District located at the north terminus on Valley Ranch Drive, west of Patrick County Road from Single Family to Office and Low Density Residential for future development. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: A Land Use Plan Amendment in the Pinnacle Planning District located at the north terminus on Valley Ranch Drive, west of Patrick County Road from Single Family to Office and Low Density Residential for future development. 10. ORDINANCE NO. 19942 - Z-8301 - Reclassifying property located at 7101 Valley Ranch Drive in the City of Little Rock, Arkansas, from R-2 to 0-3; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 3.88 acre property located at 7101 Valley Ranch Drive is requesting that the zoning be reclassified from R-2 to 0-3 11. ORDINANCE (Deferred to April 15, 2008) Z-8304 — Reclassifying property located at 14824 Crystal Valley Road in the City of Little Rock, Arkansas, from R-2 to AF; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the 31.5 acre property located at 14824 Crystal Valley Road is requesting that the zoning be reclassified from R-2 to AF. 12. ORDINANCE NO. 19944 - Z -3371-V — Reclassifying Property located at the southwest corner of Colonel Glenn Road and Colonel Glenn Court from C-3 to C-4; in the City of Little Rock, Arkansas, amending the Oficial Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 6.306 -acre property located at the southwest corner of Colonel Glenn Road and Colonel Glenn Court from C-3 to C-4. 13. ORDINANCE NO. 19945 - Z-8308 — Approving a Planned Zoning Development and establishing a Planned Industrial District titled Calvary Bread of Lite Ministries Short -Form PID, located between West 33rd Street and West 34th Street, fronting .lane Street and 3 Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM Mabelvale Pike Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The request is a rezoning of the site from I-2, Light Industrial District to PID to add a church as an allowable use for the property. 14. ORDINANCE NO. 19943 - MSP — Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance for dedication of right-of-way as required by the Master Street Plan for North University Avenue. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Authorizes a reduction in the Master Street Plan right-of-way dedication along the frontage of 424 North University Avenue for Storthz Short -Form POD. 15. ORDINANCE NO. 19947 Z -8152-A — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Storthz Short -Form PCD, located at 424 North University Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning from 0-3 to PCD to expand the allowable uses for the site. 16. ORDINANCE 19948 - Condemning certain structures in the City of Little Rock, Arkansas, as structural, fire and health hazards; providing for the 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. Staff" recommends approval. Synopsis: Two (2) residential structures in dilapidated and/or burned condition are causing negative environmental impact on the residential neighborhoods in which they are located. The first reading on ordinances (Items 9, 10, 12, 13, 14, 15, and 16) was read the first time. A motion was made by Director Adcock, seconded by Director Richardson 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. A motion was made by Director Adcock seconded by Director Richardson to suspend the rules and place the ordinances on third and final 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 present being two-thirds in number the ordinances were passed. SEPARATE ITEMS (Item 17) 17. ORDINANCE 19949 2-8286 — Reclassifying property located on the east side of Vimy Ridge Road, approximately 250 feet north of County Line Road, from R-2 to C-1. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. (1' reading held on March 18, 2008). Synopsis: The owner of the 2.59 acre tract located along the east side of Vimy Ridge Road, approximately 250 feet north of County Line Road, is requesting that the zoning be reclassified from R-2 to C-1. The ordinance was read the second time to include amendments made and voted (in the affirmative) at the March 18, 2008 Little Rock Board of Directors Meeting. Director Adcock made the motion to suspend the rules and place the ordinance on third reading. Mr. Bob Roberts, applicant restated the amendments. Director Adcock stated that she believed as 4 Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM Director Wyrick had stated in the previous meeting, that this development was to close to the property lines in the adjoining area, and felt the noise and traffic that would be generated would be too intense for the neighbors. (See discussion in the minutes of March 18, 2008). A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Cazort, Wright, Keck, Kumpuris, Fortson, Vice Mayor Hurst voted in favor. Director Adcock was opposed. Director Wyrick was absent. The ordinance was passed. PUBLIC HEARINGS (Items 18 — 20) 18. PUBLIC HEARING & ORDINANCE NO. 19946 - Z-7603 - To approve the Planned Zoning Development and establishing a Planned Commercial District titled Cantrell Falls Long -Form PCD, located north of Cantrell Road and west of Taylor Loop Road, 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, I recusal and 1 absent. Staff recommends approval. (Deferred from March 4, 2008). Synopsis: The request is to appeal the Planning Commission's denial of the revision to a previously approved PCD and a POD to allow a unified development plan for this eight (8) plus acre site containing a mixed use development of office, retail and restaurant uses. Mayor Stodola opened the public hearing. The ordinance was read the first time. A motion was made by Vice Mayor Hurst, seconded by Director Hendrix to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present the ordinance was read the second time. A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the ordinance on third and final 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. The history of the development was presented by Mr. Dana Carney, Planning and Development. Mr. Carney stated that the applicant is now proposing a revision to what was previously approved, combining them into a single four (4) lot development for PDC Companies Short -form POD and 14910 Cantrell Road Short -form PCD now titled Cantrell Falls Long -form PCD. The developer is requesting the allowance of a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. Mr. Gary Dean, representing the applicant, stated it was important to develop the site under a unified development plan and allow grading of the entire site with the initial construction. He stated the development was proposed complying with the previously approved development plans for each of the individual tracts. He stated the developers were complying with the City ordinances and standards for development of the site. Ms. Celia Martin addressed the Commission in opposition of the request. She stated she was a resident of the Westchester Neighborhood and lived on Canterbury Court. She stated a number of the residents of Westchester had submitted letters of opposition to the development. She stated the concerns were drainage, noise and the increasing of activity on the site. She stated the proposeal for Lot 1 was not a part of the initial approval. She also stated the development of Lot 4 was more intense than originally expected. She stated with the placement of a drive- through on the site, the neighborhood would hear the noise from the restaurant and the boom boxes waiting for service on the site. Ms. Martin stated the hours of operation for the eastern lots Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM were being extended from the original approval. She stated the hours for the restaurants were approved from 10:00 am to midnight and not the 6:00 am as presently proposed. She stated the neighborhood was opposed to the development for a number of reasons but the primary reason was the intensity of the development with three restaurant sites, two bank sites, additional commercial and office activities. She stated the traffic the site would generate and activity planned for the site was not within the perimeter of the original approval. Ms. Ruth Bell addressed the Commission in opposition. She stated she was representing the League of Women Voters and the League was opposed the development because of the creep. She stated the original plan indicated commercial at the node and the node had expanded and expanded and with the current site plan the site was not a mixed use development but a commercial development with a number of intense commercial activities. She stated the development should step down from commercial to office uses with '/z the development retail and the other office. There was lengthy discussion and presentation on the issues, in particular the burming of the development site. Director Kumpuris had questions concerning what the burms and landscaping would look like once it was in place. Mayor Stodola stated that needed clarification because the Board has no idea what the burms would look like. Mr. Dean the developer offered an amendment to the ordinance, which he stated he would like to be read into the record. Mr. Carpenter stated the City cannot make demands of an applicant and ask them to do something in order for them to get their development, because that could lead to "takings" litigation and he stated he needed to ask the question. Mr. Carpenter said because the architect is making representation that there were amendments to the ordinance asked if this was the intent all along, or were they making the amendment because they wanted the ordinance passed. Mr. Dean, the architect representing the applicant answered that they were offering the amendment because this was their intent all along, and said they would like to read the amendment into the record. Mr. Dean asked Ms. Elizabeth Smart, the CEO of PDC Companies (Architects for the project) to read the statement into the record. Mayor Stodola recognized Ms. Smart, who read the following statement: "The applicant agrees to provide earth sculpturing burm and landscaping that stratifies or exceeds the Highway 10 Overlay requirements. Additionally the applicant will add buffering in the form of a stone water feature with the theme of Cantrell Falls. Director Keck asked if the application needed to be amended. Mr. Carpenter answered that the ordinance would be amended to reflect the statement. Mr. Carpenter again asked the question if they were amending because that was their intent all along, or if they were making the amendments to get the ordinance passed. Ms. Smart answered that the applicant is thrilled to do this, and want to make it acceptable to the neighbors, and had conservations with them during the break, and (Ms. Martin) one of the neighbors here tonight, was not opposed to what is planned. Director Cazort asked Ms. Smart if she was making this change voluntarily because this is part of the plan and to make sure it is in the ordinance. Ms. Smart answered yes. Mayor Stodola, stated this is a language clarification amendment, closed the public hearing, and called for a roll call vote. The roll was called and recorded as follows: Directors Hendrix, Richardson, Cazort, Wright, Keck, Kumpuris, Fortson, Adcock, Vice Mayor Hurst voted yes. Director Wyrick was absent. The ordinance was passed. 19. PUBLIC HEARING & ORDINANCE NO. 19950 - G-23-395 — To abandon portions of Crosby Drive, Ventura Avenue, Bedford Drive and East 10th Street and alleys located with and adjacent to Blocks 36 and 43, Industrial Park Addition, Little Rock, Arkansas. Planning R Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. (Deferred from March 18, 2008). Synopsis: Little Rock National Airport, adjacent property owner, requests to abandon portions of Crosby Drive, Ventura Avenue, Bedford Drive and East 10` Street and alleys located within and adjacent to Blocks 36 and 43, Industrial Park Addition, Little Rock, Arkansas. Mayor Stodola opened the public hearing. There was no one present to speak in favor or in opposition to the item. The ordinance was read the first time. A motion was made by Director Adcock seconded by Director Cazort 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 a motion was made by Director Adcock seconded by Director Cazort 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. A motion was made by Director Adcock seconded by Director Hendrix to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board Members present being two-thirds in number he rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board Members present, the ordinance was passed. Director Wyrick was absent. 20. PUBLIC HEARING & ORDINANCE (Deferred to May 6, 2008) G-23-396 — To abandon portions of Corning Drive, Selma and East 10th Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. (Deferred from March 18, 2008) Synopsis: Little Rock National Airport, adjacent property owner, requests to abandon portions of Corning Drive, Selma and Fast 10`h Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; and for other purposes. OTHER BUSINESS (Items 21 - 22) 21. REPORT - Little Rock Board of Directors Board and Commission Updates (April 1, 2008). 22. EXECUTIVE SESSION & RESOLUTION — 12679 - To make appointments to the Oakland Fraternal Cemetery Board. A motion as made at 8:15 by Director Cazort, seconded by Director Kumpuris to go into executive session. By unanimous voice vote of the Board Members present the meeting was recesses to make nominations to appointments to the Oakland Fraternal Cemetery Board. The meeting was called back in session by Mayor Stodola. Mr. Moore, City Manager, announced that Mr. John E. Bush was nominated to fill the vacancy on the Oakland Cemetery Board of Trustees. A motion was made by Director Cazort seconded by Director Keck to appoint Mr. John E. Bush. By unanimous voice vote of the Board members present, the appointment was made. A motion was made by Director Wright, seconded by Director Richardson t adjourn the meeting. By unanimous voice vote of the Board Members present the meeting was adjourned at 9:00 PM. 7 Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM ATTEST: APPROVED: Nancy Wood, CMC Mark Stodola City Clerk Mayor The lfoffoway Eirrn, Inc. Civil and Environmental Design Robert D. Holloway Prof. Engineer RegifebmarV 26, 2008 Arkansas Mississippi JJ Louisiana Alabama Prof. Land Surveyor Registration Arkansas Donna James Subdivision Administrator Department of Planning and Development City of Little Rock 723 West Markham Street Little Rock, AR 72201-1334 And Nancy Wood City Clerk City of Little Rock 723 West Markham Street Little Rock, AR 72201-1334 200 Casey Drive Maumelle, AR 72113 ♦ Telephone (501) 851-8806 (501) 851-3366 Facsimile (501) 851-3368 E -Mail hollowayfirm@sbcglobal.net RE: Appeal of Planning Commission Decision File NO. Z -7603-D — Highway 10 Short Form PCD and PDC Companies Short Form POD, located on Cantrell Road near the intersection with Taylor Loop Road, Cantrell Falls Development, City of Little Rock, Pulaski County, Arkansas Dear Ms. James and Ms. Wood, I am in receipt of Ms. James letter dated February 14, 2008 regarding the above referenced project. I contacted Ms. Wood on February 20, 2008 to affirm the fact that the Board of Directors had indeed set the Public Hearing on the March 4, 2008 Agenda. Please find attached the following in regard to this matter: 1, Certified mail receipts of the Public Notice sent to the abutting and 200 feet property owners along with the required individuals and neighborhood associations that Ms. James provided. 2. Affidavit of Public Notice 3. Complete list from the Abstract Company 4. Complete list received by Ms. James I hope that this information is sufficient to your needs, however if you need additional information regarding the above, please don't hesitate to call. Respectul ly, Kel Office Manager Senior�TlQiator ♦ DESIGN ♦ SURVEY/MAPPING NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT TO ALL owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address:5` f t i �_i . ✓ :, - yam..:, �� - ti . General Location: i _;�r i gilt : _ E t� i Vitt : , j i : �;.; Owned By:'� NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above property requesting a change of classification from PCD and POD District to PCD District has been filed with the Department of Planning and Development. A public hearing on said application will be held by the Little Rock Board of Directors in the Board of Directors Chambers, Second Floor, City Hall on March 4, 2008 at 6:00 p.m. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Board of Directors of their view on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham Street, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I herby certify that I have notified all the property owners of record within 200 feet of the above property that subject property is being considered r rezoning�2�d that a Public Hearing will be held by the Little Rock Board of Directors at _ zme anij_placeA6scribed above. Applicant (Owner of Authorized (Date) r � I In addition to the 200 -foot notification list of property owners previously notified you are required to notify the following individuals and neighborhood associations as well: Ms. Ruth Bell 7611 Briarwood Little Rock, AR 72205 Pinnacle Valley Neighborhood Association Mr. Nicholas Alsop 6 Waterford Drive Little Rock, AR 72223 Westchester/Heatherbrae Neighborhood Association Mr. Mike Saar 14316 Taylor Loop Road Little Rock, AR 72223 Secluded Hills Property Owners Association Ms. Betty Creston 14523 Shepard Drive Little Rock, AR 72223 Westbury Property Owners Association Mr. Howard Ostendorff 8 Westchase Drive Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Ms. Mary Dornhoffer 6916 Westridge Road Roland, AR 72135 Ms. Celia Martin 3 Canterbury Court Little Rock, AR 72223 Mr. Newton and Ms. Linda Little 4600 Westchester Drive Little Rock, AR 72223 Ms. Tara Kittrell 4601 Westchester Drive Little Rock, AR 72223 Ms. Mary Margaret Dunn 4711 Westchester Drive Little Rock, AR 72223 Mr. Chris and Ms. Kyndra McCrillis 30 Westchester Court Little Rock, AR 72223 Mr. Daniel J. Hennessey and Ms. Elizabeth S. Hennessey 10 Westchester Court Little Rock, AR 72223 Mr. Allen W. and Ms. Marliese Kerr 1429 Merrill Drive Little Rock, AR 72211 Ms. Lora Porter 19 Westchester Court Little Rock, AR 72223 Ms. Candace Curtis 5 Canterbury Court Little Rock, AR 72223 Ms. Patricia and Mr. Jerry Larsson 11 Westchester Court Little Rock, AR 72223 Mr. Bob Altoff 43 Westchester Court Little Rock, AR 72223 Ms. Bonnie Griffin, AIA 41 Westchester Court Little Rock, AR 72223 Ms. Patricia and Mr. Jerry Larsson 11 Westchester Court Little Rock, AR 72223 Mr. Kevin and Ms. Susan Porter 23 Westchester Court Little Rock, AR 72223 Ms. Kitty R. Rhodes 31 Westchester Court Little Rock, AR 72223 STANDARD Abstract & Title Company, Inc. Since 1957 OWNERSHIP REPORT February 22, 2008 I hereby certify that I have searched the records of Pulaski County, Arkansas to February 13, 2008 at 7:00 a.m. for the apparent owners of property within 200 feet of the following described land: Land lying in the NEI/4 of the NW1/4 of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest corner of the said NE1/4 of the NWI/4, Section 19; thence along the North line of the said NEI/4, South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found'/2 inch iron pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 5/8 inch rebar; thence leaving the said North line, South 01 degree 18 minutes 36 seconds West for 304.26 feet to a found 3/8 inch rebar; thence South 01 degree 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North right of way of Arkansas Highway 10 (Cantrell Road); thence continuing along said right of way, North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a found V7 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found t/2 inch rebar; thence leaving said right of way, North 01 degree 35 minutes 33 seconds East for 499.17 feet to the point of beginning. I find the following ownerships: Regions Bank 400 W. Capitol Ave. Little Rock, AR 72201-3436 Source of title: Warranty Deed 2002184478; Warranty Deed 2002184479 3420 Old Cantrell Road, Little Rock, Arkansas 72202 (501) 664-1300 (Mailing Address) P.O. Box 7411, Little Rock, Arkansas 72217-7411 FAX Number (501) 664-4672 support@standardabstract.com JJC, LLC 14922 Cantrell Rd. Little Rock, AR 72223 Source of title: Warranty Deed 2003107686 I/Krishnan Properties, LLC 14 Spring Valley LN Little Rock, AR 72223 Source of title: Warranty Deed 2007008844 'Homer A Hughes and Emma Jean Hughes, Trustees of the Homer and Jean Hughes Family Revocable Trust, created the 8`h day of September, 1994 7509 L St. Little Rock, AR 72207-6023 Source of title: Special Warranty Deed 94-69127 el Harry J. Willems and Janice R. Willems, husband and wife 3 Buckthorn Dr. Little Rock, AR 72211 Source of title: Warranty Deed 95-53170 Betty A. Lowe 5604 Pinnacle Valley Rd. Little Rock, AR 72212-4286 Source of title: Warranty Deed 83-14759 V Pinnacle Creek, LLC 11719 Hinson Rd., 130 Little Rock, AR 72212 Source of title: Warranty Deed 2005029094 Cav-Rock Properties, L.L.C. 104 Wilmont Rd. Deerfield IL 60015 Source of title: Warranty Deed 2003122998 ' Bank of the Ozarks P. O. Box 8811 Little Rock, AR 72231 Source of title: Warranty Deed 2002144196 9 Highway 10 Development Company 11219 Financial Center Parkway, Suite 300 Little Rock, AR 72211 Source of title: Warranty Deeds 89-19352, 89-28597 and 89-43754 George Rothwell and Terry L. Rothwell, his wife P. O. Box 241668 Little Rock, AR 72223 Source of title: Warranty Deed 2003037373 Ileane Tucker as to an undivided 1/2 interest; Tommy E. Tucker, Trustee of the Tommy E. Tucker 0"I Revocable Trust as to an undivided %2 interest 14919 Cantrell Rd. Little Rock, AR 72223 Source of title: Warranty Deeds 980/443 and 81-45514 and Correction Quitclaim Deed 2006087339 Miracle Developments, Inc. P. O. Box 17805 Little Rock, AR 72222 Source of title: Warranty Deed 2004087472 Although due diligence was exercised in the preparation of the above report, Standard Abstract & Title Company, Inc. cannot absolutely guarantee the accuracy thereof and its liability shall be limited to the amount paid for said report. We cannot certify as to the accuracy of the addresses given, as they are taken from the records of the Pulaski County Assessor's Office. Grant Ramage Title Examiner 190E gr/enclosures City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663 March 28, 2008 Mr. Bob Holloway The Holloway Firm 200 Casey Drive Maumelle, AR 72113 Re: PDC Companies and 14910 Cantrell Road Long -form PCD, located North of Cantrell Road and West of Taylor Loop Road Dear Sirs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on March 27, 2008: Approved with conditions. X Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. Your item will be forwarded to the Board of Directors for final action on April 1, 2008. You or your representative must be present. The meeting begins at 61-:00 pm. If you have any questions please do not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator (a City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 February 14, 2008 Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 Planning Zoning and Subdivision Re: Appeal of Planning Commission Decision File No. Z -7603-D — Highway 10 Short -form PCD and PDC Companies Short -form POD, located on Cantrell Road near the intersection with Taylor Loop Road — (Cantrell Falls Development) Dear Mr. Holloway: This office has received your appeal of the Planning Commission's action on January 3, 2008, in which the Commission recommended denial of a rezoning request to for a Planned Commercial Development to allow the development of a retail center, restaurant and office building. The issue will be placed on the Board of Director's February 19, 2008, Agenda to set the date of Public Hearing for March 4, 2008. The Board of Directors' meetings begin at 6:00 p.m. and are held in the Board's Chambers located on the second floor of City Hall at 500 West Markham Street. No one needs to be present at the February 19, 2008, Board of Director's meeting. As the appellant, you are responsible for notification of the public hearing. I have attached a notice form. Notices must be sent via certified mail. The notices must not be sent prior to the February 19, 2008, Public Hearing. On February 20, 2008, contact the City Clerk or me to assure the March 4, 2008, Public Hearings date was set. The notices must then be mailed no later than February 22, 2008. Return a copy of the notice, the list of persons notified and the certified mail receipts to the City Clerk no later than February 29, 2008. If you have any questions, please do not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator cc: Nancy Wood, City Clerk Tony Bozynski, Director of Planning and Development NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT TO ALL owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address: General Location: Owned By: NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above property requesting a change of classification from PCD and POD District to PCD District has been filed with the Department of Planning and Development. A public hearing on said application will be held by the Little Rock Board of Directors in the Board of Directors Chambers, Second Floor, City Hall on March 4. 2008 at 6:00 p.m. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Board of Directors of their view on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham Street, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I herby certify that I have notified all the property owners of record within 200 feet of the above property that subject property is being considered for rezoning and that a Public Hearing will be held by the Little Rock Board of Directors at the time and place described above. Applicant (Owner of Authorized Agent (Name) (Date) In addition to the 200 -foot notification list of property owners previously notified you are required to notify the following individuals and neighborhood associations as well: Ms. Ruth Bell 7611 Briarwood Little Rock, AR 72205 Pinnacle Valley Neighborhood Association Mr. Nicholas Alsop 6 Waterford Drive Little Rock, AR 72223 Westchester/Heatherbrae Neighborhood Association Mr. Mike Saar 14316 Taylor Loop Road Little Rock, AR 72223 Secluded Hills Property Owners Association Ms. Betty Creston 14523 Shepard Drive Little Rock, AR 72223 Westbury Property Owners Association Mr. Howard Ostendorff 8 Westchase Drive Little Rock, AR 72223 Coalition of West Little Rock Neighborhoods Ms. Mary Domhoffer 6916 Westridge Road Roland, AR 72135 Ms. Celia Martin 3 Canterbury Court Little Rock, AR 72223 Mr. Newton and Ms. Linda Little 4600 Westchester Drive Little Rock, AR 72223 Ms. Tara Kittrell 4601 Westchester Drive Little Rock, AR 72223 Ms. Mary Margaret Dunn 4711 Westchester Drive Little Rock, AR 72223 Mr. Chris and Ms. Kyndra McCrillis 30 Westchester Court Little Rock, AR 72223 Mr. Daniel J. Hennessey and Ms. Elizabeth S. Hennessey 10 Westchester Court Little Rock, AR 72223 Mr. Allen W. and Ms. Marliese Kerr 1429 Merrill Drive Little Rock, AR 72211 Ms. Lora Porter 19 Westchester Court Little Rock, AR 72223 Ms. Candace Curtis 5 Canterbury Court Little Rock, AR 72223 Ms. Patricia and Mr. Jerry Larsson 11 Westchester Court Little Rock, AR 72223 Mr. Bob Altoff 43 Westchester Court Little Rock, AR 72223 Ms. Bonnie Griffin, AIA 41 Westchester Court Little Rock, AR 72223 Ms. Patricia and Mr. Jerry Larsson 11 Westchester Court Little Rock, AR 72223 Mr. Kevin and Ms. Susan Porter 23 Westchester Court Little Rock, AR 72223 Ms. Kitty R. Rhodes 31 Westchester Court Little Rock, AR 72223 Page 1 of 1 James, Donna From: Steven Hockersmith [skhock@swbell.net] Sent: Tuesday, March 04, 2008 4:13 PM To: James, Donna Cc: Bozynski, Tony Subject: Little Rock Board of Directors Meeting Donna and Tony As per our conversation PDC Companies will accommodate your request to defer the item before the Board of Directors tonight. Please reassure the Board that this action was taken soley because of your advising us of a legal issue regarding the grading variance. We are anxious to begin our project and look forward to working with staff to resolve this matter. Kindest Regards, Steve Hockersmith Steven C. Hockersmith PDC Companies Vice President / Commercial Division 1501 North University, Suite 740 Little Rock, Arkansas 72207 Phone: 501.666.9629 ext. 40 Fax: 501.666.3559 Cell: 501.681.8025 skhock@swbell.net 3/4/2008 Board of Directors Communication TO: HONORABLE MAYOR AND BOARD OF DIRECTORS FROM: BRUCE T. MOORE, CITY MANAGER "J^�---� SUBJECT: CANTRELL FALLS LONG -FORM PCD DATE: MARCH 28, 2008 The request was made at the March 25, 2008, Board of Directors Agenda Meeting for staff to provide additional information regarding the Cantrell Falls Long -Form PCD. Attached is a graphic representing the approved and allowed uses for the Cantrell Falls Long -Form PCD. The "lots" on the graphic correspond to the lot arrangement on the site plan. The graphic provides the current approval and the proposed revisions for each of the lots, including hours of operation, building square footages and a statement of the differences in the current approval and the proposed plan. The Planned Office Development for Lots 1 and 2 was approved in April 2005, and the approval will expire in May of this year as a Planned Development is good for three (3) years unless a time extension is granted. Staff reports that at this time, an extension has not been requested. The applicant must file for a building permit prior to May 19, 2008, to maintain the current approval. If additional information is needed, please advise. Attachment City of Little Rock, Arkansas (Lot 2) (Lot 3) Approval Date: April 19, 2005 Approved: Hours of operation from 6:00 AM to midnight daily Proposed: Hours of operation from 6:00 AM to midnight daily Approved: 29,000 square foot office building Proposed: 29,180 square foot office building with drive through banking facility (Lot 1) Approval date: April 19, 2005 - Approved: Hours of operation from 6:00 AM to midnight daily Proposed: Hours of operation from 6:00 AM to midnight daily Approved: 4,500 square foot restaurant without order board but with pick-up window Proposed: 3,400 square foot restaurant with order board and pick-up window Differences Lots 1 and 2: Restaurant has less square footage but with menu order board added (Lot 1) Bank drive-thru facility added (Lot 2) North Approval Date: February 6, 2007 Approved: Hours of operation from 10:00 AM to midnight daily Proposed: Hours of operation from 6:00 AM to midnight daily Approved: 6,300 square foot restaurant and a specific list of allowable uses and the development of the site to match the available parking Proposed: 6,560 square foot restaurant (Lot 4) Approval date: February 6, 2007 - Approved: Hours of operation from 10:00 AM to midnight daily Proms: Hours of operation from 6:00 AM to midnight daily Approved: 7,200 square foot restaurant and a specific list of allowable uses and the development of the site to match the available parking Proposed: 10,500 square foot retail center; 6,000 square foot restaurant; and 2,000 square foot bank Differences Lots 3 and 4: The building footprint is larger than previously established; however, the proposed uses match the parking demand generated from the uses. The restaurant square footage is within the allowed square footage. (12,560 vs. 13,000 sq. ft.) Cantrell Road 280.60' F. 1' RCW 297.73' Ilk � 1 _ I41.S Z -7603-D 0 PDC COMPANIES 0 LONG -FORM PCD F. 7/i' REW OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION FEBRUARY 19, 2008 AGENDA Subject An Ordinance establishing a Planned Zoning District titled PDC Companies and 14910 Cantrell Road Long - form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road. Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION CITIZEN PARTICIPATION Action Required 4Ordinance Resolution Approval Information Report Submitted By Bruce Moore City Manager The request is appealing the Planning Commission's recommendation of denial of this revision to a previously approved PCD and a POD to allow a unified development plan for this 8+ acre site containing a mixed use development of office, retail and restaurant uses. I None. Staff recommends approval of the requested PCD zoning. The Planning Commission voted to recommend denial of the requested zoning by a vote of 5 ayes, 4 noes, 1 recusal (Commissioner Obray Nunnley, Jr.) and 1 absent. The Planning Commission reviewed the proposed PCD request at its January 3, 2008, meeting. There were registered objectors present. The Westchester/Heatherbrae, the Secluded Hills, the Westbury and the Pinnacle Valley Neighborhood Associations, the Coalition of West Little Rock Neighborhoods, all residents who could be identified located within 300 feet of the site and all property owners located within 200 -feet of the site were notified of the Public Hearing. BACKGROUND A request to rezone a portion of this site from R-2, Single- family to POD was filed and withdrawn from consideration prior to the June 3, 2004, Planning Commission Public Hearing. The applicant proposed a development to include office and commercial activities on 3.6 acres located along the western portion of this site. (Z-7603) Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005, established PDC Company Short -form POD. The request included the development of a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of the proposed lots and an office building on the second lot. Lot 1 would develop with a restaurant without drive-through service containing 4,500 square feet and Lot 2 would develop with 29,200 square foot of office space. The overall percent for each use on the site was eighty-seven percent office and thirteen percent commercial. The approval established the hours of operation from 6 am to midnight seven days per week. The development has not been constructed. (Z -7603-A) On June 22, 2006, the Little Rock Planning Commission denied a request to allow 14910 Cantrell Road and the PDC Company Short -form POD to be rezoned from R-2, Single- family and POD to PCD to allow a four -lot subdivision with a combination of sit-down and drive-through restaurants. The lots varied in size from 1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square feet. A cul-de-sac would be constructed as a public street from Highway 10 through the middle of the lots to provide public street frontage for each lot. The developer requested the flexibility to shift lot area and restaurant size within the development to accommodate a variety of tenants. A 40 -foot access and utility easement was proposed from the cul-de-sac to a property located to the east of the site. The site was approved as a PCD to allow the construction of a strip retail center with no parking or access located along the rear of the building. According to the applicant access to the site to the east would allow circulation between developments and limit the need for vehicles to access Cantrell Road from the development site. Placement of the access easement would allow vehicles from as far west as Regions Bank to access the existing traffic signal for protected left turns. (Z -7603-B) 2 BACKGROUND CONTINUED On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 rezoning 14910 Cantrell Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a two lot development. The site plan indicated two buildings would be constructed on the site. A building containing 7,200 square feet and 107 parking spaces was proposed on the lot fronting Cantrell Road and a second building containing 6,300 square feet and 110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of restaurant space was approved. A selected list of commercial uses was approved for the site other than a restaurant. The hours of operation for a restaurant facility were limited to 10:00 am to midnight seven days per week. The lots were proposed each containing in excess of two acres. Access to the development was proposed through a 24 -foot drive located along the western perimeter of the site and was to be shared with the property approved for PDC Short -form POD located to the west proposed for future development with office and commercial uses. The following uses were approved as allowable uses for the development: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). A definition of a "sit down restaurant" was also approved. A "sit down restaurant" is a type of restaurant, which provides tables where one sits down to eat a meal, typically served by wait staff. Historically called simply restaurants, following the rise of fast food restaurants, a retronym for the older "standard" restaurant was created. Most commonly, "sit down restaurant" refers to a casual dining restaurant with table service rather than a fast food service where one orders food at a counter. Sit down restaurants are often further categorized as "family style" or "formal". (Z -7603-C) 3 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED CANTRELL FALLS LONG - FORM PCD (Z -7603-D), LOCATED NORTH OF CANTRELL ROAD AND WEST OF TAYLOR LOOP ROAD, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from POD and PCD to PCD: Part of the NE 1/ of the NW 1/, Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas, more fully described as follows: beginning at the northeast corner of Lot B -2-R, Regions Subdivision, an addition to the City of Little Rock, Arkansas, said corner lying on the north line of said NE % NW 1/, 253.49 feet from the northwest corner thereof; thence S 89°34'46"E along said north line, 280.33 feet thence S01°18'18"W, 604.84 feet to a point on the north right -of -ay line of Arkansas State Highway 10 (Cantrell Road); thence N69'23'1 5"W along said north right- of-way line, 299.79 feet to a point on the southerly extension of the east line of said Regions Subdivision; thence N01°36'22"E along said east line, 501.40 feet to the point of beginning, containing 155,826 square feet or 3.5773 acres more or less. z Fit Part of the NE 1/ NW 1/ of Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas more particularly described as follows: Commencing at the northeast corner of Lot B -2-R, Regions Subdivision, Little Rock, Arkansas, thence S89°34'46"E 280.33 feet to the point of beginning; thence S88°44'54"E 297.83 feet; thence S01°32'36"W 316.16 feet; thence S01 °20'08"W 333.19 feet to a point on the north right of way line of State Highway #10, thence northwesterly following: N89°49'07"W 113.70 feet; thence N78°45'45"W 101.61 feet; thence N69°23' 15"W 87.50 feet thence leaving said right of way N01'1 8'18"E 604.84 feet to the point of beginning containing 4.34 acres more or less. SECTION 2. That the approval of Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is subject to compliance with the following additional conditions: w That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. The hours of operation for theevelopment are 1'mited to 6:00 am to midnight seven days per week. n The hours of dumpster service and the service hours of the suppliers are limited to daylight hours. The approved uses are limited to the following: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). The approved site plan allows the construction of a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. SECTION 3. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 4. That the change in zoning classification contemplated for Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances s' of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 6. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 7. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining PA portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: APPROVED: City of Little Rock Clerk Mayor APPROVED AS TO FORM: City Attorney 3 BACKGROUND CONTINUED The applicant is now proposing a revision to the previously approved site plans combining them into a single four (4) lot development for PDC Companies Short -form POD and 14910 Cantrell Road Short -form PCD now titled Cantrell Falls Long -form PCD. The developer is requesting the allowance of a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. Please see the attached Planning record and site plan for the development proposal and the recommendation. M Commission minute applicant's specific staff analysis and Area Vicinity Map ®nin Case: Z -7603-D N Location: North of Cantrell Road and West of Taylor Loop Road Ward: 5 0 150 300 Feet PD: 1 CT: 42.05 TRS: T2N R13W19 Vicinity Map H v C5= P p ,3 5 41L E -j i�f -, L Ok Z7 Land Use MS Case: Z -7603-D Location: North of Cantrell Road and West of Taylor Loop Road Ward: 5 PD: I CT: 42.05 TRS: T2NR13WI9 0 150 300 Feet mmmmmmmr=zz= [go - 44zi-L s5k oz� 1.93-11 OxA,,) 13FIV C N151 1�4,lt_3 Bozynski, Tony From: Carpenter, Tom Sent: Monday, March 03, 2008 1:14 PM To: Mann, Bill; Dawson, Cindy; Beck, Steve; Bozynski, Tony Cc: Moore, Bruce Subject: RE: variance issue Dear Group, For the most part, I agree with Bill. The one thing that I believe to be important, though, is to add some language to Section 6 of the ordinance that notes the ordinance becomes effective: (1) When the final plan is approved; (2) Which shall not occur unless and until a variance has been finally granted to allow the dirt work. There is just something about having a PCD out there to do a specific project that cannot be done without the dirt work involved. I suspect that the grading permit will be granted, but I do not want passage of the ordinance to almost mandate that the permit be granted. If it is felt, for whatever reason, that a variance is not in order, then the Commission should be free to say so. If the PCD does not actually become effective until that action occurs, this frees the Commission to determine what it really wants to happen. FINALLY, in the future, I believe that these kinds of items should be included as conditions in the ordinance. I know that we have tried this before and nothing has happened, but I still believe that we should draft these ordinances completely differently, include relevant conditions within the ordinance, and not just rely on the staff file. But, that is a different issue for a different time. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (0)(501)371-6875 (F) (501) 371-4675 (M) (501) 993-1052 tearpenter@littlerock.org 3/3/2008 Bozynski, Tony From: Mann, Bill Sent: Monday, March 03, 2008 12:24 PM To: Carpenter, Tom; Dawson, Cindy; Beck, Steve; Bozynski, Tony Cc: Moore, Bruce Subject: variance issue In looking at the staff write-up at the Planning Commission, the Public Works conditions for approval of the development at issue include a grading permit prior to any clearing of the land and a variance in order to grade the lots without imminent construction. Since we know we have a separate application process for a variance, in trying to think this through logically, it would seem that the way the process should work ,under our current ordinances, is the applicant should pursue the PCD request and, if ultimately approved by the Commission and Board, come back to the Commission and separately apply for the variance from the land alteration requirements. Depending on the action of the Commission, the applicant either proceeds with his project or appeals the variance decision to circuit court. In the appeal going before the Board tomorrow night, the Commission only acted on the PCD request. There was no separate action on the variance. Therefore, it seems to me that if the Board reverses the decision of the Commission, and allows the project, the applicant will need to request a variance from the Commission in a separate application. The bottom line is that the Board would be able to consider the PCD tomorrow night, but would not be considering a variance. In the future, if a different process is desired, there will need to be an amendment to the variance application code section. We can discuss that if desired. I left a message for Steve Beck to discuss this further but understand that he said he had already spoken with Cindy. However, I believe that was earlier this morning before this possible solution came to mind. Please note that these are just my comments for discussion and in no way represent the final opinion of the City Attorney's Office. Tom will provide that. I am available if anyone wants to discuss this further. Bill 1�IFi1 Chief Deputy City Attorney Little Rock, Arkansas 371-4815 3/3/2008 Boxynski, Tony From: James, Donna Sent: Wednesday, February 2S7, 2008 1:53 PM To: Bozynski, Tony Subject: Land Alteration Ordinance - How did they do that? (d) Decisions by the commission shall be final and are not appealable to the city board of directors. *�� fI L 1 1 I I a Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham April 19, 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, Wyrick, Hurst, Hinton, Kumpuris, and Mayor Dailey. Directors Stewart, Cazort, and Vice Mayor Graves were absent. Director Pugh gave the invocation, which was followed by the Pledge of Allegiance. Director Kumpuris and Hinton were not present at roll call but enrolled at 6:17 pm. Mayor Dailey asked the Board to consider the listed modifications. ADDITION M-1. RESOLUTION 11,971 - To set May 3, 2005, as the date for a public hearing on whether to establish Chenal Valley Municipal Property Owners Multi -Purpose Improvement District No. 10; and for other purposes. Staff recommends approval. DEFERRAL 21. ORDINANCE - Deferred to May 3, 2005 - To form Municipal Improvement District No. 9 (Brookside Park Addition) of the City of Little Rock, Arkansas; and for other purposes. (Deferred from February 15, 2005). Director Adcock made the emotion, seconded by Director Pugh to make the modifications to the agenda as listed, and to add M-1. to the Consent Agenda. Mr. Bruce Moore, City Manager, stated Item 21 was to be deferred for two weeks, or until May 3, 2005. Mayor Dailey announced if there were people present to speak on Item 21, that it would not be dealt with at tonight's meeting, but would be on May 3, 2005. PRESENTATIONS: Employee Appreciation Proclamation (April 19, 2005). Mayor Dailey read the proclamation, and Stacey Witherell, Human Resources representative, gave an overview of the events that would take place during the week of April 25 — April 29, 2005. Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM Mayor Dailey welcomed Director Hinton Back after an extended illness. Mayor Dailey introduced Walter Nunn, University of Arkansas at Little Rock, who asked quests from the Ukraine Economic Development Agencies of their prospective cities. Mayor Dailey asked Mr. Carpenter, City Attorney, what Director Wyrick would or could be able to do tonight, as it relates to her recusal on this issue (Item 22) at earlier meetings. Mr. Carpenter stated that Director Wyrick indicated at the agenda meeting that she would need to recuse on this matter in response to an inquiry as whether certain property in which she has an interest was to be an aspect of this bond issue. Since that time that matter has been reviewed in come detail by the Sewer Committee, the Official Statement has been modified and the engineering study has been modified to take the property out of the proceeds of the bond issue in any way. The conflict that Director Wyrick has was that it was an interest that a family member had in a portion of the property, so in light of the fact that the property is not included within the bond issue, and she has obviously let people know there has been that interest on the part of her family, there is no conflict under the city code and she can participate. Since she has not formally recused in this meeting, she can stay and be involved. Mayor Dailey announced that in light of the fact that several Board members were out tonight, that was good news. CONSENT AGENDA (Items 1 - 11) 1. MOTION - To approve minutes from Little Rock Board of Directors Meetings: February 1, 2005, February 15, 2005, March 1, 2005, and March 15, 2005. 2. MOTION - Z -6274-A — To set the date of public hearing for May 3, 2005, on the appeal of the Planning Commission's action to approve a conditional use permit for Jose's Nite Club Latino located on the C-4 zoned property at 9110 Interstate 30. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends denial of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's action in approving a conditional use permit to allow a special events center on the C-4 zoned property at 9110 Interstate 30. 3. RESOLUTION 11,972 - Authorizing the use of eminent domain on the Jerry Drive (Cantrell Road to Jerome Drive) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing use of eminent domain for up to five parcels of land on the Jerry Drive (Cantrell to Jerome Drive) Street improvements Project. 4. RESOLUTION 11,973 - Authorizing the use of eminent domain on the 27th Street (Abigail to Jefferson) and 30th Street (Washington to Jefferson) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to twelve parcels of land on the 27'h Street (Abigail to Jefferson find 30`h Street (Washington to Jefferson) Street Improvement Project. 2 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM 5. RESOLUTION 11,974 - Authorizing the City Manager to issue a change order to the contract with Environmental Protection Agency (EPA) for the removal of mold from the Fire Training building. Staff recommends approval. 2004 Bond Project. synopsis: The change order will allow the removal of additional mold and the interior walls that could fall since supports have been removed as part of the mold removal contract. 6. RESOLUTION 11,975 - Awarding a contract to Gene Summers Construction for reconstruction of Allis Street (Asher Avenue to 271h Street) Street Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Gene Summers Construction for reconstruction of the Allis Street (Asher Avenue to 27h Street) Street Project. 7. RESOLUTION 11,976 - Awarding a contract to Burkhalter Technologies, Inc. for construction of Ludwig Street (42nd to Colonel Glenn Road) Street Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Burkhalter Technologies, Inc. for reconstruction of the Ludwig Street (42nd Street to Colonel Glenn Road) Street Project. 8. RESOLUTION 11,977 - Awarding a contract to Township Builders, Inc. for construction of Auxor Lane/Coffer Lane Drainage Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Township Builders, Inc. for construction of the Auxor Lane/Coffer Lane Drainage Project. 9. RESOLUTION 119978 - Promoting the conservation of energy and natural resources in the design, construction and operation of City owned buildings and properties. Staff recommends approval. 10. RESOLUTION 11,979 - Awarding a contract to Lasiter Construction, Inc. for construction of Pamela Drive Drainage Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Lasiter Construction, Inc. for construction of the Pamela Drive Drainage Project. 11. RESOLUTION 11,980 - Awarding a contract to Township Builders, Inc for construction for 28th Street (Commerce to Cumberland) and 29th Street (Fulton to Izard). Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Township Builders, Inc. for reconstruction of the 281h Street and 29`h Street Projects. The Consent agenda consisting of Items 1-11 and Item M-1 was read. A motion was made by Director Adcock, seconded by Director Hurst, to adopt the Consent Agenda. By unanimous vice vote of the Board members present, being two-thirds in number, the Consent Agenda was adopted. GROUPED ITEMS (12-16) Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM 12. ORDINANCE 19,308 - LU -05-12-02 - To amend the Land Use Plan (16,222) in the 65th Street West Planning District at the southeast corner of David O. Dodd and Bowman Plaza Drive from Office to Commercial; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Land Use Plan amendments in the 65 Street West Planning District from Office to Commercial for future development. 13. ORDINANCE 19,309 - Z -3371-M — Reclassifying property located along the south side of Bowman Plaza Drive at David O. Dodd Road, from 0-3 to C-3; 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 owner of the undeveloped 8.6298 acre tract along the south side of Bowman Plaza at David O. Dodd Road, is requesting the zoning be reclassified from 0-3 to C-3. 14. ORDINANCE 19,310 - Z -5099-C - Reclassifying property located near the northeast corner of Cantrell Road and Chenal Parkway from MF -18 to 0-3, 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 owner of the undeveloped 1.91 acre property near the northeast corner of Cantrell Road and Chenal Parkway is requesting the zoning be reclassified from MF -24 to 0-3. 15. ORDINANCE 19,311 - Z-7799 — Reclassifying property located near the northeast corner of Chenal Parkway and Rahling Road from MF -24 and 0-2 to C-3; 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 owner of the undeveloped 1.8836 acre property located near the northeast corner of Chenal Parkway and Rahling Road is requesting the zoning of the property be reclassified from MF -24 and 0-2 to C-3. 16. ORDINANCE 19,312 - To amend the Little Rock Budget Ordinance (December 14, 2004) to adjust the fiscal year 2005 Budget Ordinance to note expenditure adjustments for Rollover of Encumbrances, Street Costs, Pension Costs, Personnel Savings, Grant Match, and other adjustments; to declare an emergency; and for other purposes. Synopsis: Six adjustments need to be made to the FY04 budget to adjust for known changes. The grouped items consisting of Items 12 — 16 were read the first time. Director Adcock made a motion seconded by Director Hurst, 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 made a motion seconded by Director Hurst, 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 present, being two thirds in number, the ordinances and emergency clause (Items 12 —16) were passed. 4 Minutes Little Rock Board of Directors Meeting April 19, 2005 6.00 PM 17. ORDINANCE 199313 - LU -04-01-07 — To amend the Land Use Plan (16,222) in the River Mountain Planning District from Suburban Office to Mixed Uses; and for other purposes. Planning Commission: 6 ayes, 4 nays, 1 absent. Staff recommends denial. Synopsis: Land Use Plan amendments in the River Mountain Planning District from Transition and Suburban Office to Mixed Use for future development. The ordinance was read the first time. Ms. Kathleen Olsen, League of Women Voters of Pulaski County, spoke in opposition to Items 17 and 18, stating that this is nothing more than "stripping" out Cantrell Road/ Hwy 10. Two years ago, the land use was changed from Transition to Suburban Office, recognizing there could be a need for something like that. In the last year or two there have been some more commercial property changes to the land use plan to expand the commercial node. In the last 1980's and 1990's there was a large citizens grouped that worked on the Hwy 10 Design Overlay Plan and the reason for it was so that Hwy 10 was not stripped out. Ms. Olsen stated they want to make one of the lots in this development a stand alone restaurant, which is totally commercial and has nothing to do with office use at all. She stated they could put a restaurant in the office building, but not a stand alone restaurant, but they want to use it as pure commercial property. She asked the Board to turn it down. She stated the application is saying they only want to have an eighty foot setback off of Hwy 10 whereas the Design Overlay has been a hundred feet all along and the Board has adhered to that. Mr. Joe White, White Daters, representing the applicant stated that this is still 87% office and 13% commercial, and felt it was a good mix. He stated there is commercial business and office -mix in the area of this development. He stated they did not feel they were stripping out Hwy 10. If you look at this development, they have asked for a very small portion of the development, it's a 4500 square foot restaurant in the front and 29,000 square foot of office in the back. He stated that staff is currently showing the land use as transition which does allow office. If the two buildings were combined, they could do 10% of their space as restaurant, but what they want to do for marketing purposes is to put the restaurant out front. He stated they are asking for the restaurant to stand on its own lot. He stated there was very little opposition at the Planning Commission, and they did receive a favorable vote at the Planning Commission and felt the reason was that when you look at this application, they have a commercial node, at Cantrell Road and Taylor Loop. There is a twenty four hour Walgreen's, a Catfish City Restaurant going in, and to the west are three existing office buildings, and on the other side of Rummel Road there is along area of Park/Open Space and they feel that limits stripping out. He stated they are as close to the commercial intersection as the Capers Restaurant, and going east of the intersection there is the twenty year old development with Fuller and Sons and the John Rees Development going in. He asked the Board for approval of the development. The ordinance was read the first time. A motion was made by Director Keck, seconded by Director Adcock 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. A motion was made by Director Adcock, seconded by Director Keck 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. Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM 18. ORDINANCE 19,314 - Z -7603-A — Approving a Planned Zoning Development and establishing a Planned Office District titled PDC Company 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, providing for a variance to allow the development of a lot without public street frontage; located north of Cantrell Road, west of Taylor Loop Road, in the City of Little Rock; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 6ayes, 4 nays, 1 absent. Staff recommends denial. Synopsis: The applicant is requesting the development of the 3.6 acre parcel as a Planned Office Development to allow the development of the site with an office/commercial facility and the creation of a two lot plat resulting in a variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. (See discussion on Item 17). The ordinance was read the first time. Director Adcock 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 Adcock 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 unanimous voice vote of the Board members present, the ordinance passed. 19. ORDINANCE - Defer to May 3, 2005 - Z -6932-B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Arkansas Associations of Nigerians Revised Short -Form PCD located at 9802 Geyer Springs Road, in the City of Little Rock, Arkansas; amending 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. The ordinance was read the first time. Director Keck, 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 Keck, seconded by Director Hurst made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being tow -thirds in number, the rules were suspended to provide for the third reading. Director Adcock stated that this building is in very poor condition, and an eyesore to the community. She stated the parking lot has grass growing in it; the building looks like it is in need of a lot of repair. She asked what kind of landscaping would be required. Mr. Bruce Moore, City Manager, asked Mr. Tony Bozynski, Planning and Development Director to respond to this question. Mr. Bozynski answered that it was staff understanding that the applicant will paint the outside of the building. He stated he believed they had done some minor repairs to the interior. He stated the applicant will be required to clean up the parking lot, and not add any additional landscaping because they are not increasing the building footprint, or making any substantial improvements. Director Adcock asked staff to go back and review previous files to see if landscaping was required when the building was built or was done and the landscaping died. Mr. Bozynski stated if that is the case, they will have to come back and either add it, or replace it. Mr. Bozynski stated this is currently a PCD and they are just revising it to R Minutes Little Rock Board or Directors Meeting April 19, 2005 6:00 PM add this use. Director Adcock stated their neighbor, Longview Baptist Church has just spend several million dollars on their facility, and the building at 9802 is an eyesore, and would like to see landscaping put in, and see something done with the parking lot, and the general appearance of the building. Mr. Bozynski stated that staff would o back and see what conditions are landscaping was required through the previous approval. Mayor Dailey asked if the applicant was present. There was no response. Director Adcock stated they have been using the building for a while and was a concern and a need that the applicant understand that some of these things need done to this building before occupied. Mayor Dailey stated that first of all there is a motion and second for the third reading, unless it is withdrawn. Director Kumpuris stated he felt it was unfair to the applicant to vote on this if there is some obligation on their part for additional improvements, and felt it should be left on third reading, even if the meeting has to be reconvened. Mr. Carpenter stated a motion to withdraw the motion and second would be in order. Director Keck and Director Hurst with drew the motion and second. By unanimous voice vote of the Board members present, the motion was withdrawn. The ordinance was held on third reading. Director Wyrick stated that this building has been vacant for some time, and asked on a PCD, if that is ever revoked, or does that status stay even though there has not been use of the building, and was wondering if the PCD status was lost. Mr. Bozynski stated, no the property ahs not lost the PCD status. To revoke a PCD you have to do it by ordinance because it is established by ordinance. Mr. Carpenter stated the file can be reviewed and can set forth the items in the file as conditions as a modified ordinance on the third reading. 20. ORDINANCE - 2nd Reading May 3, 2005 — To repeal Little Rock Ark. Revised Code, Chapter 3, Article 11, Section 3-11 through 3-23; to replace it with a new false alarm ordinance to strive to improve public safety by further reducing emergency responses to false alarms; to encourage alarm users and alarm companies to properly use and maintain the operations effectiveness of alarm systems and reduce or eliminate false alarms; and for other purposes. Staff recommends approval. (First Reading) Synopsis: The ordinance more clearly states the responsibilities of alarm owners, alarm installation companies and alarm monitoring companies regarding false alarms. The ordinance establishes an alarm permit system. The ordinance was read the first time. Mayor Daily announced that he and the City Manager had discussed this item yesterday and in the spirit of a lengthy process, to be sure the public is informed, and has a change to discuss, debate or raise questions about the ordinance. It is noted in the ordinance that it would not go into effect until the first of the year. They though it best to read the ordinance on two separate meetings, if not three, just to give plenty of time for discussion. Mayor Dailey announced he had not received any speaker cards turned in to speak on this item tonight. Director Keck asked the City Manager, Mr. Bruce Moore, that since this may be stretched out over the next several meetings, that he would like to request a plan from the City Manager, Staff, the Chief, and Public Relations Office and others, as to how this will be communicated to the citizens, and how staff will work to educate the citizens so that everyone understands the expectations. Director Hurst asked who the business owners were that help collaborate on the ordinance. Mr. Moore answered that the local alarm companies were engaged. Mr. Moore deferred the question to Mr. Bob Biles, Finance Director, for overview. Mr. Biles stated that a group of businesses were not engaged. He stated they spoke with folks through the public hearings, through contacts on the false alarms and tried to listen to what they were saying. Director Hurst asked who the alarm 7 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM and monitoring companies were that participated. Scott Massanelli, Treasurer Manager, stated there was a list of forty one companies who were sent letters asking them to become involved. He said there are three representatives present tonight. He stated a lot of the input occurred over the phone, but most by mail and letters. Mr. Biles stated besides the response, they did receive input, and responded to that input when putting together the ordinance. Director Hurst asked those involved with alarm systems to come forward over the next few weeks as the ordinance is being discussed. Mayor Dailey asked stated that about 97% of alarm calls are false and taking officers out of service for that is something on concern and impacts public safety overall. Director Hinton requested he would like to hear from any of the companies present tonight. Mr. Bill Cooper, ADT Alarm Company, and working for the Security Industry Alarm Coalition, and works with law enforcement and city governments and companies thought the United States on false alarm ordinances. He stated this is one of the friendliest ordinances that he has seen anywhere in the United States. They work on the basis of an ordinance called the model ordinance which has as its chief deterrent a practice called enhanced call verification. This requires that the monitoring company make a second call when there is an alarm. This has been in effect about a year and they are finding thirty to seventy percent reductions in false dispatches; that it the name of the game. It's significant, and frees police up to do other things. He stated the alarm industry is supportive of it, and law enforcement supports an ordinance such as this one presented. Mr. Roger Martin, Arkansas Protection Services stated the premises of the ordinance was to get a permitting system going, where the alarm user, whether monitored or local non -monitored sends the information to the City so that the City ahs a recordkeeping trail to go by, so if there is an abuser that is constantly setting off an alarm, there is a record of who to go to. As an industry, as far as installation companies, need to be more diligent with what they do as far as training the homeowners, business owners, as to how to use their systems. Mayor Dailey asked Mr. Biles relative to the permit, asked if the permit has to be posted on the front of the house. Mr. Biles stated a permit is required under this particular ordinance, and it would have to be in one of two places, either the front door or window close to the front door, so it is easier for the officer to locate. Mr. Biles stated there will be some residents hesitate to put up the sticker because they don't want someone to know if there is an alarm there, so there are two sides to this issue. 21. ORDINANCE -Defer to May 3, 2005 -To form Municipal Improvement District No. 9 (Brookside Park Addition) of the City of Little Rock, Arkansas; and for other purposes. (Deferred from February 15, 2005). There was no discussion, as the item was deferred until May 3, 2005. PUBLIC HEARINGS (22-23) 22. PUBLIC HEARING AND ORDINANCE 197307 - Authorizing the issuance of sewer refunding and construction revenue bonds for the purpose of refunding certain outstanding obligations of the financing extensions, betterments and improvements to the city's sewer system. Synopsis; A public hearing to consider an ordinance authorizing $10,000,000 in principal amount of Sewer Refunding and Construction Revenue Bonds. Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM Mayor Dailey announced that Item 22 was a non -controversial item and should not impact individual Board members and does not in any way offer dollars that could go to the new sewer treatment plant, and that there were no cards turned in for people wishing to speak in favor or against the item, and asked if the Board was okay with him opening and closing the public hearing on this item and dispensing with the item. The Board did not have any objections. Mayor Dailey declared the public hearing open, and read the ordinance the first time. Mayor Dailey asked if anyone was present that wished to speak on the item. There were none present. Mayor Dailey closed the public hearing. Director Adcock made the motion, seconded by Director Kumpuris 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 Adcock made the motion, seconded by Director Kumpuris 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, the ordinance and emergency clause contained in the ordinance were passed. 23. PUBLIC HEARING & RESOLUTION — Failed - Z-7758 — To appeal 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. Mayor Dailey opened the public hearing. Christian Nelson, applicant, explained that this had become very controversial and they have had several meetings. He stated the Hwy 10 Community Center was shut down, and that he grew up playing there. He stated he looked forward to when he had a family and could take his kids to that park. He stated he started volunteering and his son became of age this year, and all of a sudden they are shut down and have no place to play. He stated hew went to some of his family members and talked about using the property they have at 8700 Pinnacle Valley as a sports park. It was a way to not ask for any tax dollars, but just a way for kids to play. All they want to do is let kids form 5 years old to 12 years old play. He said they would like to be organized and have a place to play. Director Keck asked if these would primarily be baseball diamonds, and asked if other sports such as soccer would be played, and asked what hours the fields would be utilized. Mr. Nelson stated they would be transitional fields, there would be three baseball diamonds, and then after baseball season, they would become three football fields. The games would start at 6:30 PM, and 7:30 PM. This would be off-peak hours of the heavier traffic volumes. He said they practice on Thursday from 6PM — 7Pm and on Saturdays from IPM to 2PM, and on Sundays, it's after church form 3PM to 4 PM. Director Adcock asked about the lighting and sound equipment. Mr. Nelson responded that there is no sound equipment. The lighting would be done by the same people that did the Presidential Library lighting. Lighting has become so advanced that you are not illuminating the valley, only the fields. He stated that by the time the last game is played and cleanup is done, the lights would be off by 10 PM. 0 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM Those speaking in opposition to the sports center were: Gary Aday, Ken Brock, Stan Norwicki, H.L. Walters, Cecil Fox, Maryanne Bailey, Tommy Williams, Kenny Bailey, Rita Dyer, and Michael Wilkins. Issues presented were concern relating to financing, and the continuation of this project, no tax income to the city or county, the unknowns of what the facility will be, no regulations, creating traffic problems in and out of the area, causing traffic jams that sometimes last over an hour, the road being a two-lane rural road with large embankments, concern that emergency vehicles cannot get in and out or cause response delays because of traffic problems. The project is not compatible with neighborhood, which is mostly single family homes, low density parks which are focused on natural surroundings. There were concerns regarding the number of parking spaces, and changing the character, nature, and conscience of this valley. Mr. Jim Nichols, stated he did not plan on speaking, was going to speak in favor of the project. He sated he was the former president of the Little League Program and currently an Assistant District Director for Little League Baseball Program. He said baseball parks are put in residential areas, kids can walk there. The lighting is state of the art and of such it should not be a problem to the area residents, and applauded Mr. Nelson for what he is trying to do, recognizing how hard is to establish something like this. He encouraged the Board to vote for the program. Director Keck asked Mr. Nelson specifically for the record, what was going to take place on this project. Mr. Nelson answered this was going to be a little league ball park. It will be baseball and football. Baseball will be played from April until June, and football from September to October. He said they were looking at jogging trails for the kids in the community, basketball courts in the park for kids to walk to and use. There will be three fields that will convert from baseball to football during each perspective season. Mr. Nelson addresses the parking spaces saying they have ninety kids who will not be playing at one time, so there will be an overlap in traffic form one game to another. He said they are not trying to restrict anyone from playing. He stated they have worked with Little Rock Parks and Recreation, and the County and came up with something that would be good for traffic, and good for the kids. Mr. Nelson stated there is a horse area to the front of this property, but that is his dad's and this project would not be connected to the Pinnacle Valley Sport Center. There will be no concerts. Mr. Nelson stated accidents do happen in the area, they happen all over the city, and that is unfortunate, but they are not caused because of a Little League Park. Director Pugh asked Mr. Nelson if he would consider having fewer fields. Mr. Nelson answered that this application is reduced from the original six he had requested. Mr. Nelson stated a lot of revenue can be generated by having tournaments. Director Kumpuris stated he appreciated Mr. Nelsons enthusiasm and what he is trying to do, but there is real issue of how will this project be maintained. Director Kumpuris asked Mr. Bob Turner, Interim Public Works Director, was asked to address traffic. Mr. Turner presented an outline saying that Pinnacle Valley Road is a little different than normal roads, either major arterials in the city or residential streets. The reason is that it serves a multitude of purposes. There are three major parks, and residences along the routes. When traffic was counted, it was counted right at the north city limits line. He 10 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM stated it was counted on Friday, Saturday and Sunday, and in all cases the traffic differed significantly. On Friday there were a little over 3700 vehicles a day that traveled that road both north and south, pretty well split in the volume going in each direction. Generally the traffic on the week days are spread out from 8 AM to 8 PM then it tapers off after 8 PM. On Saturday, the traffic is significantly higher; there is another 1000 vehicles a day. The traffic is spread out but is essentially from about a little before noon to shortly after 8 PM. Most of the traffic on Saturday comes about the 5PM — 6PM area on Saturday. Sunday, the traffic is significantly higher than through the week. It's about 4000 vehicles a day. The shift in the time gets into the afternoon, with the majority traffic staring at 1 PM and to sometime after 5 PM. It is generally spread out uniformly over those hours. It's basically two hundred cars per hour, a hundred cars in each direction during that time period. Mr. Turner stated about 8000 cars would be a practically limit for a road like this. The impact of the sports complex on this would not really make a big difference. He said there is definitely not one-two hour congestion. He stated that when the event is let out, they would enter into Pinnacle Valley and go south. If you were right in the midst of that, you would consider it congestion, but it would dissipate within ten to fifteen minutes and after that there would be the normal traffic. Depending on the day you traveled, if it was the heavy day on Saturday, you would see heavier day than on a Wednesday or a day through the week. He said one thing he did notice was, there was mention of accidents and fatalities, and did speed studies, and on everyday, Friday, Saturday and Sunday, there were a number of vehicles traveling at a high rate of speed on Pinnacle Valley. On Saturday about &PM to 8PM they had vehicles traveling at speeds of over sixty miles per hour. Chief Kerr, Little Rock Fire Chief stated that what Mr. Turner had just overviewed would probably alleviate concerns on an emergency response. Any time you are on a narrow road with one lane going in each direction, sometimes that makes an emergency response more difficult because there is no place for the traffic to move off to. She did not believe it would be of more impact than any one of our one lane in each direction roads that don't allow emergency traffic to flow freely. Mayor Dailey asked Chief Kerr what is the average response time for the Little Rock Fire Department. Chief Kerr answered that it was four minutes. Director Kumpuris asked Mr. Tony Bozynski, Planning Director, to overview the issues that had been brought up. Mr. Bozynski stated the original application brought up a lot of concerns with staff. He said they felt it was overbuilding the site. It basically had the entire acreage covered with some type of field, activity, parking area, etc. In working with the applicant, the plan before the Board tonight was scaled down substantially from the original submittal. The plan as it is before the Board is proposed to be done in tow phases. The first phase will have the three fields used both as football and baseball fields with accompanying parking area, restroom facilities and concession stand. The area adjacent to Pinnacle Valley, the horse corral, being left just as it is. The second phase which is to the rear of the property will include two basketball courts and a volley ball court, and then some additional parking with a large area being left undisturbed as is on the plan, and is how it will have to remain. Mr. Bozynski stated they felt by this reduction and also limiting the days of activity, the application is for Tuesday night and Thursday night for one game each field for those two nights, the hours from 6:30 PM to 9:30 PM. On Saturday, there will be two games on each field starting around 10 AM. Staff felt with those limitations, downsizing the site plan to what is before the Board would have limited impact on the surrounding area. Any changes to this would have to come back to the Planning Commission. Mr. Day, Interim City Manager, 11 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM stated the Parks Department did assist Mr. Nelson with the Plan but had not taken a stand either for of against the project, but stated there is a shortage of these types of facilities in the area. Director Adcock asked bout fundraising activities. Mr. Bozynski stated that on a game day they might have the sell of candy and those typical kinds of fund raisers. Big name event type fund raisers would have to be revisited because right now he is limited to the days of operation, and thought with activities such as games going on at that time and you're trying to do something else there could be conflicts with what is taking place on the site. Director Adcock asked if the consideration of the impact of the horse show traffic was considered, and would it not increase because there would be restrooms and concessions available to them. Mr. Nelson stated when there is a baseball game, etc. there that is all there will be. The two events would not take place at the same time. Mr. Nelson stated when they do baseball camps. Banquets, or fundraisers, they would use other facilities. Director Adcock asked Mr. Nelson to explain the baseball camps, that she understood there were to be ball games, not camps. Mr. Nelson stated at the start of the season they have professional ballplayers that come in and actually do coaching clinics, which also would be held at other locations such as the Embassy Suites or Maumelle Park. Director Adcock asked if the concessions and restrooms would be closed during the times of the horse shows. Mr. Nelson stated they would like to be able to raise money for the park, and when those horse shows are going on, they would like to be able to use those facilities. Director Adcock commented that she was sure staff had spent many hours looking at traffic studies, but there was an expert here to night that lives one block from this proposed facility, and that is Captain Walters, who has talked tonight about the problems this will cause with the traffic and would be voting against the project because she felt it was too intense, and felt this was opening up the whole valley to change. Director Keck stated he has friends that have to travel to North Little Rock for their kids to play soccer because Little Rock does not have the facilities for them. He said Mr. Nelson does not want to build a huge complex that will fit all needs, only a place where kids can play ball. He stated he thought Mr. Nelson had done what was asked of him in limiting what he is going t doing and felt it is sufficient to meet the needs of that, and did not feel it would be a huge impact and his only regret is that it is not on Kanis instead of Cantrell so folks in his neighborhood could go there and play ball. Director Hurst stated as an observation, that she has grown very careful in that when there are promises made, wanted to be sure it is either in the resolution or in the ordinance or in the conditional use permit so that the City can monitor it effectively and make sure that what is promised is actually done. She stated she did not feel comfortable that all the things that have been promised tonight are actually in the conditional use permit, so that the City can actually follow it. Mr. Nelson stated that it actually is. Director Kumpuris asked how to address this. Mr. Carpenter, City Attorney stated you make it a condition, a specific condition in the permit, with the time frames, etc. He stated he thought that when they were describing the months, times, thought that had been handled. Director Kumpuris moved that this be modified to clearly delineate the requirements that Mr. Nelson said he would do. Director Hinton seconded the motion. Director Hinton asked what kind of time frame Mr. Nelson was looking at in starting to build. Mr. Nelson said if they were approved tonight would like to start building in the middle of May, 2005, Mayor Dailey stated his concern was the more the Board tries to restrict this, the more a round peg is trying to be fitted into a square hole, and felt Mr. Nelson was being done a disservice by putting him in such a box that it is going to make it very difficult for him to carry his program and grow his program. He said he will have to vote 12 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM against it under the current terms it is structured. He said he was not sure it was the right spot for it. Assuming this does not pass, there should be some way to help Mr. Nelson get the program off the ground whether it is out on the 600 acre park west of town or whatever it might be. Mr. Nelson stated he was willing to address the concerns saying that all they want to do is play baseball and football. They do not want to do concerts, if the Board does not want the Major League guys coming here; it is not something they have to do. All they want to do is on Tuesday play baseball from 6:30 PM to 7:30 PM the lights will be off by 9:30. They would play again on Thursday, same hours, and then on Saturday and that's it, baseball season is over. Then they want to play football. They do not want o listen to music, they don't want to dance the just want to play baseball and football. He said he would put that in writing, he has done everything he has promised, and he has kept his word. He stated if the Board wanted to vote against this, he couldn't stop that, but all he is saying is that it is already in writing. It's a conditional land use, and if they don't do those things, then shut them down. Mr. Carpenter pointed out that the applicant has asked that the ordinance be modified to make sure those conditions are definitely there, this is up on appeal, but two people have announced they are going to vote against this and there are only eight people here, and there will have to be six affirmative votes one way of the other on this application or the appeal is going to be denied because there would not six votes to overturn the Planning Commission, and didn't know whether the Board would want to wait until there is a full Board or not. Director Pugh stated she felt the Board should wait. Director Keck asked Mr. Carpenter that since this is an appeal that has come to the Board. The Board has made certain the things that the Board is asking to be done (the things discussed tonight) are a part of what the Board is voting on. Director Keck's question was if there is a discrepancy between what is in the ordinance and what is being voted on tonight is inappropriate for the Board to amend at this point and time based on the fact that it's an appeal that is being voted on. Mr. Carpenter stated what he understood that has been agreed upon in the amendment is simply codify what has been agreed upon before the Planning Commission. Mr. Bozynski, Planning Director stated the action before the Board is a resolution to rescind the Planning Commission's action. The applicant can offer other conditions, which he has tonight. Some of those were part of the Planning Commission approval, but what is before the Board is just a resolution on the Planning Commission's action. It is not an ordinance with a number of conditions. The resolution was read. Mayor Dailey stated the vote either up or down on this, is a "yes" means no, this project does not happen, and a "no" vote means it does happen. A roll call vote was taken and recorded as follows: Directors: Pugh, yes, Keck, no, Wyrick, yes, Hurst, yes, Hinton, no, Adcock, yes, Kumpuris, no, Mayor Dailey yes. The resolution failed. Director Adcock asked if the Planning Commission vote stands; that is not what they just voted. Director Adcock stated she was voting not to allow it. Mayor Dailey stated there were not enough votes to accomplish that. It would take six votes to accomplish that, so in essence the Planning Commissions action stands. Mr. Carpenter stated that was correct. 13 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM OTHER BUSINESS Director Keck, seconded by Director Kumpuris made the motion to go into Executive Session to consider recommendations to various Bards and Commissions. By unanimous voice vote of the Board members present, the meeting was recessed at 8:35 PM. Director Keck asked Mr. Carpenter if when they go into executive session, is it appropriate to discuss not only appointees, but processes for other appointments, because there has been the opportunity to expand one of the commissions and thought they as a board needed to discuss first of all whether they want to do it, and the process going forward. Mr. Carpenter said he did not think so. He said the Board is allowed to go into executive session for the very limited purpose of discussing personnel matters, and though the ordinance had already been passed if he were referring to the Airport Commission, to expand it to the seven members. Mayor Dailey called the meeting back into session. Mr. Moore announced the recommendations as follows: Animal Services Advisory Board, re -appointment of Pam Adcock, Arts and Cultural Commission, appointment of William J. Gaston, and appointment of William Vickery, reappointment of Jesse Mason to the Little Rock Port Authority Board, re -appointment of Dale Wintrop, to the Little Rock Sanitary Sewer Committee. Director Pugh seconded by Director Hurst, made the motion to adopt the resolution making the appointments. By unanimous voce vote of the Board members present, the resolution was adopted. 24. EXECUTIVE SESSION & RESOLUTION 11,981 - To make appointments and re -appointments to various Boards and Commissions. Synopsis: Appointments and/or reappointments to the Animal Services Advisory Board, Arts and Culture Commission, Port Authority, and the Sanitary Sewer Committee. CITIZENS COMMUNICATIONS Speaker: Jim Nichols Topic: AFSME Contract Negotiations Update Speaker: Eric Ayers Topic: Addressed problems, and safety issues, and devalued property in the empty, abandoned and burned out houses from Elm to Woodrow Streets, 12th Street to Roosevelt and Asher Mr. Moore stated they would set up a meeting with Mr. Ayers and other neighborhood leaders and the Housing staff and report back to the community and to the Mayor and Board on the status. Director Hurst made a motion seconded by Director Adcock to adjourn. By unanimous voice vote of the Board members present, the meeting was adjourned at 9:10 P.M. 14 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM ATTEST: Iiia cy W(i4qd, CMC City Clerk 15 APPROVED: viri Il � � ' IiJ ;�e 3 Z -7603-D — PDC and 14910 Ca ell Road Revised Long -form PCD The approval Lot ad'acent to Cantrell Road is always indicated first. West (Lot 1 and 2) L,- �Iuv�""`C_P C� - Ap�R ril 19, 2005 — PDC Companies Short -form POQ_ Theliowin uses were a roved as allowable uses Hours of operation frm :00 am to midnight daily pp for Lots 3 and 4: Bank or savings and loan, Book an sa lonary s ore, Camera shop, Clinic (medical, St (Lot 3 and 4) dental or optical), Clothing store, Eating place February 6, 2007 — 14910 Cantrell Road Short -form PCD Hours of operation from 10:00 am to midnight daily'~ Site Pian - without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). West (Lot 1 and 2) 4,500 square foot restaurant without order board but with pick-up window (Lot 1) 29,000 square foot office building (Lot 2) East (Lot 3 and 4) � � � wo " n Restaurant bui�footpnt 7,200 square fee (Lot 4) ith a lis#i of allowable uses and development of Restaurant building footprint 6,300 square feet (Lot 3) the site to match the available-a&mg at the time of f�! canstructia (See above list) with a maximum of 13,000 square fie t of restaurant. vtoo -- - �J New Plan too t - � � .�e4w West (Lot 1 and 2) Restaurant less square footage but 3,500 square foot restaurant with order board and ick -u window Lot 1) With menu order board added — 29,000 square foot office building with drive through banking facilit (Lot 2) Sank drive-thru facility added. L—� East (Lot 3 and 4)� [� 10,500 square foot retail center, 6 000 square foot restaurant The building footprint larger than previously q and 2,000 square foot bank (Lot 4) established but the proposed uses match the 6,560 square foot restaurant (Lot 3) -- t�r�su'1e parking demand generated from the uses. The restaurant square footage is within the allowed Diff square footage. 000 . ft.) r� e 260 -t^- VHours of operation for Lots 3 and 4 — Match hours approved for Lots 1 and 2 The establishment of the building footprint for Lot 4 — Drive through bank on Lot 4 The drive through bank on Lot 2 The order menu board for Lot 1 4�_4 (_U� � r U Little Rock Board of Directors Meeting -December 19, 2006 - 5:30 P.M. J MINUTES BOARD OF DIRECTORS MEETING f //City Hall – 500 W. Markham -`//December 19, 2006 - 5:30 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: Pugh, Keck, Wyrick, Kumpuris, Fortson, Hurst, Vice Mayor Cazort, and Mayor Dailey were present at roll call. Director Hinton was absent. Directors Stewart and Adcock enrolled at 5:40 PM Director Dean Kumpuris gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. ADDITIONS: M-1. RESOLUTION NO. 12, 400 - To authorize the City Manager, Mayor and City Clerk, to execute any documents necessary and take other actions needed to accept the donation of 1.06 acres near Riverfront Drive and Cantrell Road from JWL Limited Partnership; and for other purposes. Staff recommends approval. Synopsis: A resolution authorizes the City Manager, Mayor and City Clerk to execute any documents necessary and take other action needed to accept the donations of 1.06 acres near Riverfrout Drive and Cantrell Road from JWL Limited Partnership. M-2. RESOLUTION NO. 12,401 - To authorize the City Manager to execute a change order to build outdoor dog runs and perimeter fencing and lighting at the new Animal Village. Staff recommends approval. Synopsis: Subsequent to the execution of the contract with G.A.C., donations from the public and State appropriations were raised to leverage bond funds for the shelter. $134,979 from funds donated for the new Animal Shelter will be used to fund this portion of the project. M-3. RESOLUTION NO. 12,402 - G-23-371 - To set the date for public hearing for January 2, 2007, on a petition to abandon the north/south twenty (20) foot wide alley right-of-way (20 feet by 300 feet) located within Block 16, Pope's Addition. Staff recommends approval. DELETION: 24. RESOLUTION - To authorize the City to enter into a land swap for property near the Gilliam Park area leased by the Audubon Society; to permit the land swap with Granite Mountain Quarries to occur upon approval by the Audubon Society; to authorize any necessary amendments to the Lease Agreement with the Audubon Society; and for other purposes. Staff recommends denial. A motion was made by Director Keck, seconded by Director Adcock, to add M-1 – M-3 to the Consent Agenda, and delete Item 24. By unanimous voice vote of the Board members present, the modifications to the agenda were made. Little Rock Board of Directors Meeting -December 19, 2006- 5:30 P.M. PRESENTATIONS: Mayor Dailey's Farewell Address John Jumper/Marshall Scholar Consent Agenda (Items 1-14) 1. RESOLUTION NO. 12,403 - G-24-018 - To set the date of public hearing for January 2, 2007, on a petition to abandon a fifteen (15) foot wide utility easement located on Lots 3, 4, 5, and 6, Block 8, Pfeifer Addition; located at 5000 West Markham Street, Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The owners of the subject property are requesting abandonment of a fifteen (15) foot wide utility easement retained in the former right-of-way of an alley, which was abandoned by Ordinance No. 13147 (April 1976). The property is located at 5000 West Markham Street. 2. RESOLUTION NO. 12,404 - To authorize the City Manager to execute a contract with AMR Construction, to build a new Neighborhood Alert Center at 500 East 2151 Street; and for other purposes. Staff recommends approval. Synopsis: The resolution would authorize the City Manager to execute a contract with AMR Construction, to build a new Alert Center at 400 East 21" Street, the site of the former Neighborhood Alert Center. 3. RESOLUTION NO. 12,405 - To authorize the City Manager to enter into a contract with Ag -Pro Central for the purchase of one (1) 4WD Tractor with side and real flail mower, in the amount of $57,687; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution to enter into a contract with Ag -Pro Central for the purchase of one (1) 4WD tractor with side and real flail mower in the amount of $57,687. 4. RESOLUTION NO. 12,406 - To authorize the City Manager to enter into a contract with J. A. Riggs Tractor Company for the purchase of one (1) Waste Handling Dozer in the amount of $491,580; and for other purposes. Staff recommends approval. Synopsis: To authorize the City Manager to enter into a contract with J. A. Riggs Tractor Company for the purchase of one (1) Waste Handling Dozer in the amount of $491,580. 5. RESOLUTION NO. 12,407 - To approve an increase in the daily storage fee at the City of Little Rock Vehicle Storage Facility from the current rate of $25.00 per day to $30.00 per day; and for other purposes. Staff recommends approval. Synopsis: To approve an increase in the daily storage fee at the City of Little Rock Vehicle Storage Facility from the current rate of $25.00 per day to $30.00 per day. 2 Little Rock Board of Directors Meeting - December 19, 2006 - 5:30 P.M. 6. RESOLUTION NO. 12,408 - To authorize the City Manager to enter into a contract with Robert King Auction Service to auction impounded vehicles for the Vehicle Storage Facility in the amount of $16,750 per year; and for other purposes. Staff recommends approval. Synopsis: To authorize the City Manager to enter into a contract with Robert King Auction Service to auction impounded vehicles for the Vehicle Storage Facility. The terms of this contract shall be for one (1) year from date of awarded. This contract may be extended up to six (6) additional years in one (1) year increments. The cost of the contact per years is $16,750. 7. RESOLUTION NO. 12,409 - To approve the renewal of one hundred and forty (140) taxicab operator permits for Greater Little Rock Transportation Services, LLC (GLRTS) for the period from January 1, 2007, to December 31, 2007; and for other purposes. Staff recommends approval. Synopsis: The Fleet Services Department is in the process of renewing taxicab operator permits from January 1, 2007, to December 31, 2007. The company requesting renewal is Greater Little Rock Transportation, LLC (GLRTS); operating Black and White Cab, Capitol Cab, Veterans Cab, and Yellow Cab. Greater Little Rock Transportation is requesting one hundred and forty (140) permits. 8. RESOLUTION NO. 12,410 - To authorize the City Manager to enter into a Contract with Wittenberg, Delony and Davidson Inc., Architects, for the design of Riverfest Amphitheatre roof. Staff recommends approval. Synopsis: A total of four (4) proposals were reviewed, and the committee recommends approval of Wittenberg, Delony, and Davidson, Inc. Architects. 9. RESOLUTION NO. 12,411 - To authorize the City Manager to enter into a contract with G. W. Van Kepple in the amount of $425,381 for the purchase of one (1) landfill compactor. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with G. W. Van Kepple for the purchase of one (1) landfill compactor in the amount of $425,381. 10. RESOLUTION NO. 12,412 - Authorizing the Mayor and City Clerk to execute a gas utility easement to Centerpoint Energy Arkla, on Martin Luther King Jr. Drive Property. Staff recommends approval. Synopsis: Authorize the Mayor and City Clerk to execute deeds granting a permanent easement to Centerpoint Energy for above and below ground use; an area that is twenty (20) feet by forty (40) feet at the north end of Martin Luther King, Jr. Drive, that cannot go any further south. 11. RESOLUTION NO. (Item was deferred to January 16, 2006) Of intent to authorize the City Manager to enter into an agreement with the Housing Authority of Little Rock, for the purchase of sixty-five (65) acres of property and improvements for the amount of four hundred and fifty thousand dollars ($450,000); and for other purposes. Staff recommends approval. Synopsis: The resolution expresses the intent of the Board to authorize payment to the Housing Authority of Little Rock for purchase of sixty-five (65) acres of property and improvements including a community center building for $450,000. The resolution makes the purchase contingent upon the Boards passage of an ordinance for short-term financing or for a different method consistent with Arkansas Law. Little Rock Board of Directors Meeting -December 19,2006-5:30 P.M. 12. RESOLUTION NO. 12,413 - Authorizing the City Manager to execute an agreement with Lasiter Construction, Inc. for Street Improvements on McPherson Road (Herndon Road to Lanehart Road) and Herndon Road at Stagecoach Road for intersection improvements in the amount of $143,868 plus 10% contingencies. Staff recommends approval. 2004 Bond Program. Synopsis: Authorizes the City Manager to execute an agreement with Lasiter Construction, Inc. for Street improvements on McPherson Road (Herndon Road to Lanehart Road) and Herndon Road at Stagecoach Road for intersection improvements in the amount of $143,868 plus 10% contingencies. 13. RESOLUTION NO. 12,414 - Of the Board of Directors of the City of Little Rock certifying local government endorsement of Entergy Services, Inc., 700 Louisiana Street, Little Rock, Arkansas, to participate in the Tax Back Program, as authorized by Section 14-4- 2706(d) of the Consolidated Incentive Act of 2003. Staff recommends approval. Synopsis: Entergy Services, Inc. is relocating an existing information technology center from out of state to a new technology center in Little Rock, purchasing an existing building, previously used as a public library, and refurbishing the facility which includes redundant equipment, power, cooling and security. 14. RESOLUTION NO. 12415 - To authorize the City Manager to utilize $50,000 from the Economic Development Fund to assist in the development of the Mexican Consulate; and for other purposes. Staff Recommends approval. The Consent Agenda was read, including Items M-1 — M-3. Director Adcock, seconded by Vice Mayor Cazort, made the motion to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda (Items 1-7, 12, 13, 14, Ml, M2, and M3), was adopted. Item 8 was held separately. Mr. Clayton Johnson spoke in opposition, saying that he felt the money that was being appropriated for this item could be better spent on some basic needs and services for the community. There was brief discussion regarding the allocation of funds, and the consensus of the Board, and the City Attorney, Tom Carpenter, was that the funds were designated for this purposes, and it was proper, and they did not believe the funds could be spent for other purposes. Item 8 was read. By unanimous voice vote of the Board members present, the resolution was adopted. Item 11 was held separately. There were questions regarding the specifics of where the funding for the purchase would actually come from. It was requested that Item 11 be deferred to January 16, 2006, so that staff could answer those questions. 15. ORDINANCE NO. 19,657 - Providing for and adopting the 2007 Budget for the City of Little Rock for the period beginning January 1, 2007, and ending December 31, 2007; appropriating resources and uses for every expenditure item and fund, declaring an emergency; and for other purposes. Staff recommends approval. Director Adcock announced that she wanted to keep the Budget Ordinance separate in order to let the citizens know what a great job the City Manager, the Finance Department, and staff had done to balance the budget this year. L! Little Rock Board of Directors Meeting -December 19,2006- 5:30 P.M. Mayor Dailey called for the first reading of the ordinance. The ordinance was read the first time. Director Adcock, seconded by Director Keck, made the motion to suspend the rules and place the ordinance on 2°d reading. By unanimous voice vote of the Board members present, the ordinance was read the second time. Director Adcock made a motion, seconded by Director Keck to suspend the rules and place the ordinance on third and final reading. The ordinance was read the third time. By unanimous roll call vote of the Board members present, the ordinance passed. Director Hinton was absent. GROUPED ITEMS: 16 - 21 16. ORDINANCE NO. 19,658 - To amend Section 32-303 of the Code of Ordinances of the City of Little Rock, Arkansas, to repeal free parking at meters at the Little Rock Municipal Airport on holidays; adding a new section 32-410 to authorize payment for metered parking twenty-four hours per day, seven days per week at the Airport and providing penalties for the violation thereof, and for other purposes. Staff recommends approval. 17. ORDINANCE NO. 19,659 - 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 McHenry Place Preliminary Plat, Lawson Road west of Crystal Valley Road. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. (Deferred from December 5, 2006) Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years, until the frontage property develops or until adjacent property is developed, whichever occurs first, for McHenry Place Preliminary Plat located on the north side of Lawson Road west of Crystal Valley Road. 18. ORDINANCE NO. 19,660 - Fixing and imposing the aggregate amount of fees and charges to be paid the City of Little Rock, Arkansas, by Entergy Corporation and the method of payment thereof, beginning in 2007; amending section 9 of Ordinance No. 11,683, and for other purposes. Staff recommends approval. 19. ORDINANCE NO. 16,661 - Amending in part, Ordinance No., 11,366, to provide for levying a franchise fee to be paid by Centerpoint Entergy Arkla for the year 2007; providing for the payment thereof. Staff recommends approval. 20. ORDINANCE NO. 16,662 - Levying franchise fees to be paid for the year 2007 by all carriers providing local access telephone service; providing for the payment thereof, and for other purposes. Staff recommends approval. 21. ORDINANCE NO. 16,663 - Fixing and imposing the amount of fees and charges to be paid to the City of Little Rock, Arkansas, by all companies that provide interstate or intrastate long distance telecommunication service, and all business incidental to or connected with the conducting of such telephone business in the City of Little Rock, Arkansas; amending Section 3 of Ordinance No. 15,706; and for other purposes. Staff recommends approval. 5 Little Rock Board of Directors Meeting - December 19, 2006 - 5:30 P.M. The Grouped Ordinances (Items 16 — 21) were read the first time. A motion was made by Director Adcock, seconded by Vice Mayor Cazort, 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. A motion was made by Director Adcock, seconded by Vice Mayor Cazort, to suspend the rules and place the ordinances on third and final 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 present, the ordinances (Items 16-21) were passed. 22. PUBLIC HEARING & ORDINANCE NO. 19,664 - G-23-368 — To abandon the north/south twelve (12) foot wide alley right-of-way (12 feet by 300 feet) located within Block 169, Original City of Little Rock, Arkansas. The block is bounded by West 12th Street, West 13`h Street, Center Street and Louisiana Street. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: An adjacent property owner requests to abandon the north/south twelve (12) font wide alley right- of- way (12 feet by 300 feet) located within Block 1.69, Original City of Little Rock, Arkansas. The block is bounded by West 12th Street, West 13t Street, Center Street and Louisiana Street. Mayor Dailey opened the public hearing. He stated he had not received any cards for people wishing to speak on the item, and asked if anyone were present who wished to speak in favor or in opposition to the item. There was no one present who wished to speak. Mayor Dailey called for the first reading. The ordinance was read the first time. A motion was made by Director Adcock, seconded by Vice Mayor Cazort, to suspend the rules and place the ordinance on second reading. By two thirds vote of the Board members present the rules were suspended and the ordinance was read the second time. A motion was made by Vice Mayor Cazort, seconded by Director Adcock, to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board members present, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present, the ordinance was passed. 23. PUBLIC HEARING & ORDINANCE (The item was sent back to the Planning Commission due to significant amendments to the application offered by the applicant.) Z- 7603 -C — Approving a Planned Zoning Development and establishing a Planned Commercial District titled 14910 Cantrell Road Short -Form PCD, located at 14910 Cantrell Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 4 ayes, 4 nays, 3 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from R-2 to PCD, to allow the creation of a two (2) lot plat and development of the site with two (2) commercial buildings, utilizing selected C-3 uses as allowable uses. There was a lengthy discussion regarding opposition from some of the neighborhood citizens to the fact that felt this was an extension of the commercial node, that this was clearly a commercial use, and there were traffic issues to consider. Carol Whipple, William Whipple, Michael Saar, iq Little Rock Board of Directors Meeting - December 19, 2006 - 5:30 P.M. Gene Pfeifer, and Celia Martin, voiced their concern regarding these issues and asked the Board not to approve the ordinance. The applicant offered to make amendments reducing the size of the proposed restaurants. There was discussion among Board and the City Attorney, as to whether this would need to go back to the Planning Commission if these amendments were offered. Mr. Carpenter answered that this has been the Board's policy, that if significant changes were made after it has been to the Planning Commission and are offered at Board level, the Board had been sending those back. Director Hurst made the motion, seconded by Director Fortson, to send the item back to the Planning Commission. By unanimous voice vote of the Board members present, the motion carried. OTHER BUSINESS 24. RESOLUTION (The Item was Deleted from the Agenda) (See modifications).To authorize the City to enter into a land swap for property near the Gilliam Park area leased by the Audubon Society; to permit the land swap with Granite Mountain Quarries to occur upon approval by the Audubon Society; to authorize any necessary amendments to the Lease Agreement with the Audubon Society; and for other purposes. Staff recommends denial. CITIZENS COMMUNICATIONS Speaker: Jim Nichols Topic: AFSME Labor Negotiations Speaker: Jane Harrison Topic: Southwest Little Rock Issues/ Advertising & Promotions Spending Lack of Services in Southwest Little Rock Speaker: Bill Gingerich Topic: Visitors and Convention Bureau Speaker: Gene Pfeifer: Topic: Bicycle/Pedestrian Trail Speaker: Luke Skrable Topic: Southwest Little Rock Issues Director Kumpuris addressed the issues regarding the Advertising and Promotions Commission; (several articles recently appeared in the Arkansas Democrat Gazette dealing with financial accountability, and purchasing practices of the agency). Director Kumpuris stated that the agency plans to begin using the City of Little Rock's recently purchased procurement software. Over time the bureau's purchasing practices will mirror the City's. He stated the Commission will approve allowing the Little Rock Human Resources Department to produce a manual for the WA Little Rock Board of Directors Meeting -December 19,2006-5:30 P.M. Bureau. He stated the Commission would be meeting at 11:30 AM in the bureau's office at the Robinson Center tomorrow morning and stated that anyone who wished to attend the meeting could do so. A motion was made by Director Keck, seconded by Vice Mayor Cazort, to adjourn. By unanimous voice vote of the Board members present, the meeting adjourned at 8:50 PM. ATTEST: City Clerk APPROVED Mayor Little Rock Board of Directors Meeting— Minutes - February 6, 2Do7 MINUTES r7 JL BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham February 6, 2007 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Mark Stodola presiding. City Clerk, Nancy Wood, called the roll with the following Directors Present: Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola. Director B.J. Wyrick gave the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola asked the Board to consider the listed modifications. M-1. RESOLUTION 12,423 - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for renovation of Auxora Arms Apartments, an existing one hundred (100) unit apartment community located at 9101 Auxor Road, in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: American Community Developers propose to apply for Arkansas Development Finance Authority (ADFA) funds to renovate the one hundred (100) unit Auxora Arms Apartments at 9101 Auxor Road. Estimated start date is July 2007 and estimated completion is June 2008. A motion was made by Director Keck, seconded by Director Adcock, to add M-1 to the Consent Agenda. By unanimous voice vote of the Board members present, the modification to the - agenda was made. M-2. MOTION - To set the date of public hearing on February 20, 2007 on the reassessment of benefits of the lands in the St. Charles Municipal Lighting Improvement District No. 1, Little Rock, Arkansas. A motion was made by Director Keck, seconded by Director Adcock, to add M-2 to the Consent Agenda. By unanimous voice vote of the Board members present, the modification to the agenda was made. The following items were deferred: M-3. RESOLUTION - Deferred to an indefinite date at Staff s Request, from the January 30, 2007 Agenda Session. - Of intent to authorize the City Manager to enter into an agreement with the Housing Authority of Little Rock, for the purchase of sixty-five (65) acres of property and improvements for the amount of four hundred and fifty thousand ($450,000); and for other purposes. Staff recommends approval. (Deferred from December 19, 2006). PRESENTATION: Proclamation — United Negro College Fund (Director Hendrix) - Deferred to March 6, 2007 (At Director Hendrix's Request). Little Rock Board of Directors Meeting — Minutes - February 6, 2007 PRESENTATIONS: Alpha Phi Alpha Proclamation Little Rock — 100 Best Cites for Youth _ Weed Lot Committee Update Proclamation — United Negro College Fund (February 6, 2007) - Deferred Mayor Stodola called for the reading of the Consent Agenda, excluding Item 3. Consent Agenda: Items 1 - 15 1. MOTION - Z -4411-F - To set the date of public hearing for February 20, 2007, to appeal the Planning Commission's recommendation of denial for a rezoning request for the southeast corner of Cantrell Road and Pleasant Ridge Road from PCD to Revised PCD to allow the western -most drive located along Cantrell Road to become a full service intersection. Planning Commission: 0 ayes, 8 nays, 3 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for the site from PCD to Revised PCD to allow the western -most drive located along Cantrell Road to become a full service intersection. 2. MOTION - Z -7917-A - To set the date of public hearing for March 20, 2007, to appeal the Planning Commission's recommendation of denial for a rezoning request for Verizon Revised Short -Form PCD, located at 12018 Chenal Parkway, from PCD to Revised PCD to allow the placement of a sign along the western fagade of the building. Planning Commission: 2 ayes, 6 nays, 3 absent. Staff recommends denial. Synopsis: To appeal the Planning Commission's recommendation of denial for a rezoning request for Verizon Revised Short -Form PCD, located at 12018 Chenal Parkway, from PCD to Revised PCD to allow the placement of a sign along the western fagade of the building. 3. MOTION - Z-7980 - To set the date of public hearing for February 20, 2007, on an appeal of the Planning Commission's approval of a Conditional Use Permit to allow an Entergy Utility Substation to be constructed on the R-2 zoned property located at 14250 Colonel Glenn Road. Planning Commission: 9 ayes, 1 nay, I recusal. Staff recommends approval of the Conditional Use Permit; denial of the appeal. Synopsis: A record objector is appealing the Planning Commission's denial for a Conditional Use Permit to allow Entergy, Inc. to construct a utility substation on the R-2 zoned property located at 14250 Colonel Glenn Road. 4. RESOLUTION 12,424 - G-23-374 - To set the date of public hearing for February 20, 2007, to abandon a ten (10) foot wide alley right-of-way located within Block 24, Cox's Subdivision of Taylor and Bodeman Addition; located at 1624 South Cleveland Street. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: Changing Channels International Ministries Church, owner of the property located at 1624 South Cleveland Street, is requesting the abandonment of a ten (10) foot wide alley right-of-way that runs north to south through the church property. No easements are to be retained. 2 Little Rock Board of Directors Meeting — Minutes - February 6, 2007 5. RESOLUTION 12,425 - G-23-372 — To set the date of public hearing for February 20, 2007, to abandon the forty (40) foot wide East Crestwood Drive right-of-way located between Lots 18 and 19, Prospect Terrace Addition (Approximately forty (40) feet by one hundred (100) feet). Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The adjacent property owners request to abandon the forty (40) foot wide East Crestwood Drive right-of-way located between Lot 18 and 19, Prospect Terrace Addition (approximately forty (40) feet by one hundred (100) feet). 6. RESOLUTION 12,426 - G-23-373 — To set the date of public hearing for February 20, 2007, on a request to abandon the west fifteen (15) feet of the Polk Street right-of-way fifteen (15) feet by one hundred forty (140) feet, located adjacent to Lot 14, Blocks 8, Newton's Addition to the City of Little Rock, Arkansas. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The adjacent property owners request to abandon the west fifteen (15) feet of the Polk Street right-of-way fifteen (15) feet by one hundred forty (140) feet located adjacent to Lot 14, Block 8, Newton's Addition to the City of Little Rock, Arkansas. 7. RESOLUTION 12,427 - To authorize the City Manager to sign an amendment to the Midtown Redevelopment Consultant Agreement to provide for additional services and for other purposes. Staff recommends approval. Synopsis: An amendment to the Redevelopment Consultant Agreement for the Midtown Redevelopment District Number 1 is needed to authorize additional services to effect the creation of an economically feasible redevelopment plan for the district. 8. RESOLUTION 12,428 - To appoint the Rose Law Firm as bond counsel for the proposed 2007 Capital Equipment Short -Term Financing Project and for other purposes. Staff recommends approval. Synopsis: The City will need bond counsel to affect the 2007 short- term financing of its capital expenditures. 9. RESOLUTION 12,429 - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for the Ives Homes Redevelopment Project, located at 2800 South Cumberland Street in south Little Rock, Arkansas. Staff recommends approval. Synopsis: The Little Rock Housing Authority proposes to demolish the one hundred (100) severely deteriorated units on approximately fifteen (15) acres of property. The site is the former Amelia B. Ives Homes Public Housing units located at 2800 South Cumberland Street in south Little Rock, Arkansas. The redevelopment project will consist of construction of one hundred and eighteen (118) affordable rental units consisting of tax credit, market rate and either site-based Section 8 Housing Choice Vouchers or traditional public housing units. The developer for the project is McCormack Baron Salazar. f Little Rock Board of Directors Meeting — Minutes - February 6, 2007 10. RESOLUTION 12,430 - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for Arbor Cove Apartment Redevelopment, located at Geyer Springs Road and Arbor Cove, Little Rock, Arkansas. Staff recommends approval. Synopsis: R. L. Jones Construction proposes to apply for Arkansas Redevelopment Finance Authority (ADFA) funds to renovate Arbor Cove Apartments at Geyer Springs Road and Arbor Cove. Renovation of the thirty-seven (37) unit complex will include interior and exterior painting, replacement of carpet and exterior doors. Site work will include replacing and upgrading the parking lot and additional landscaping. None of the existing tenants will be displaced. 11. RESOLUTION 12,431 - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for Hometown at Mabelvale Pike, located the southeast corner of Mabelvale Pike and North Chicot Road, Little Rock, Arkansas. Staff recommends approval. Synopsis: Integrated Real Estate Group proposes to apply for Arkansas Development Finance Authority (ADFA) funds to develop the southeast corner of Mabelvale Pike and North Chicot Road. The development will be exclusively restricted to elderly tenants and will consist of three (3) phases totaling one hundred and forty eight (148) units upon completion. One (1) story, four (4) unit buildings, will be constructed along with a club house and other amenities including a walking trail, gazebo, swimming pool and putting green, etc. 12. RESOLUTION 12,432 - To authorize the City Manager to enter into a contract with CASCO to provide protective clothing turnout coat and pants for uniformed fire personnel. Staff recommends approval. Synopsis: In order to provide the best protection possible to uniformed personnel during the act of fighting fire and rescue, this contract for protective clothing will be good for six (6) months and may be extended for another six (6) months. It is estimated that $50,000 will be expended during the life of the contract. 13. RESOLUTION 12,433 - To authorize the City Manager to enter into a contract with Glover's Truck Parts and Equipment for the purchase of seven (7), twenty-eight (28) cubic yard side load refuse trucks in the purchase amount of $1,320,823. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Glover's Truck Parts and Equipment for the purchase of seven (7), twenty-eight (28) cubic yard side load refuse trucks in the purchase amount of $1,320,823. 14. RESOLUTION 12,434 - To appoint a successor Commissioner for the Quapaw Central Business Improvement District Number 5 of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The Board of Commissioners of the Quapaw Central Business Improvement District Number 5 of Little Rock, Arkansas, has advised the City that a vacancy exists on the Board of Commissioners and has recommended the appointment of Mark Leverett to fill the vacancy. 0 Little Rock Board of Directors Meeting— Minutes - February 6, 2007 15. RESOLUTION 12,435 - To authorize the City Manager to approve a contract for a one (1) time purchase order to Oklahoma Police Supply, Inc. for the purchase of police ammunition for 2007 in the amount of 454,617.96. Staff recommends approval. Synopsis: The Little Rock Police Department is requesting approval to award a one (1) time purchase order to Oklahoma Police Supply, Inc. for the purchase of police ammunition for 2007. The Consent Agenda was read, including Items M-1 and M-2, and excluding Item 3. Director Adcock, seconded by Director Cazort, made the motion to adopt the Consent Agenda. Director Hurst recused on Item 5. By unanimous voice vote of the Board members present, the Consent Agenda (Items 1, 2, 4-15, Ml, and M2), was adopted. Item 3 which was held separately was read by Mayor Stodola. The subdivision minutes are attached as "Attachment A." Randy Satterfield, Francis Jamell, and Rena Upperman spoke in opposition of the item. Major points of contention were the placing of an industrial site in a residential area, some procedural issues related to the Zoning Code, and a property line dispute. 3. MOTION - Z-7980 - To set the date of public hearing for February 20, 2007, on an appeal of the Planning Commission's approval of a Conditional Use Permit to allow an Entergy Utility Substation to be constructed on the R-2 zoned property located at 14250 Colonel Glenn Road. Planning Commission: 9 ayes, 1 nay, I recusal. Staff recommends approval of the Conditional Use Permit; denial of the appeal. Synopsis: A record objector is appealing the Planning Commission's denial for a Conditional Use Permit to allow Entergy, Inc. to construct a utility substation on the R-2 zoned property located at 14250 Colonel Glenn Road. Director Cazort, seconded by Director Kumpuris, made the motion to adopt Item 3. By unanimous voice vote of the Board members present Item 3 was adopted. CITIZENS COMMUNICATIONS The Mayor recognized the representatives from the Audubon Society to give a brief presentation in regard to Item M-3, which was deferred for two weeks earlier in the meeting. Ken Smith (Arkansas Director of Audubon), Anna Riggs (Audubon Board Chair), Robert Shults, and Tom Fennell, spoke in favor of expediting the City's consideration of this item, stating that it would put a strain on their ability to utilize the property, if the City took to long to take action. They also reminded the City that the project would be a great opportunity for the Granite Mountain area, Fourche Creek, and the State of Arkansas. Director Kumpuris spoke in favor of the project, but expressed his concerns about making the most financially sound decision for the City. Speaker: George Irvin Topic: War Memorial Golf Course Speaker: Luke Skrabble Topic: Issues in Little Rock to include public trust, governance recommendations, accountability, and leadership. 5 Little Rock Board of Directors Meeting —Minutes - February 6, 2007 Speaker: Jane Harrison Topic: Thanked the City for the efforts they have made to clean up the area and requested that more be done to help reduce the burglaries in the area. SEPARATE ITEMS - GROUP I: ITEMS 16 - 21 Director Adcock, seconded by Director Hendrix, made the motion to defer Items 17 — 20 for two weeks. There was some discussion about which items Director Richardson was required to recuse from discussion and voting. It was determined that he could not vote on Items 17, 18, and 19. Director Richardson left the room and the Board discussed Director Adcock's motion to defer the items. Director Adcock stated that she was concerned that all of her questions from the previous week had not been answered. She expressed a desire to have information that measured the outcome and success of the programs that had been funded over the years. She also indicated her disappointment in the lack of partnership with the Little Rock School District for after school programs. Director Hendrix concurred with Director Adcock and added that she also had questions that had not been answered and asked how long it would be before funds were disbursed to the approved organizations. She expressed support for the two week deferral. Director Keck requested that the Board move forward with the items before them and that a study be done to address all of Director Adcock's concerns. Director Hurst asked about the time frame for the grant process. Dorothy Nayles, Director of Community Programs, gave a presentation on the process and stood for questions from the Board. Director Hendrix withdrew her second. Director Kumpuris asked what steps would be taken if the Board did not take action on the items tonight; he also asked Director Wyrick to give her thoughts on the process. Director Wyrick indicated that she had not been a part of the process because it is done by volunteers, but she indicated that she would like to move forward with the items before the Board. She also indicated that she looked forward to reviewing the Manager's study on the process and the success of the programs that have received funds in the past. Director Wright also indicated a desire to move forward on the items. Director Adcock asked Tom Carpenter, City Attorney, about corrective action for entities that have failed to meet the contract requirements. The City Attorney and Community Programs Director answered the questions. The City Clerk read Items 17, 18, and 19. Director Cazort, seconded by Director Keck, made the motion to adopt Item 17, 18, and 19. By unanimous voice vote of the Board members present Items 17, 18, and 19 were adopted. Director Adcock voted no, Director Richardson recused. D Little Rock Board of Directors Meeting — Minutes - February 6, 2007 17. RESOLUTION 12,437 - To enter into contracts with agencies to provide targeted neighborhood Youth Initiative Programs (YIP) to Little Rock youth, ages 13-18 in the amount of $570,003. Staff recommends approval. Synopsis: The agencies are as follows: Central Neighborhood: St. John Unto Others (Male) - $58,358; Midtown Neighborhood: BCD — Black Community Developers (Male) - $59,995; BCD — Black Community Developers (Female) - $59,999; Southwest Neighborhood: Greater Second Care (Female) - $51,042; Step Up Support Center (Male - $56,816; Step Up Support Center (Female) - $56,538; Promiseland Ministries (Hispanic Male) - $53,968; Little Rock Boys & Girls Club — Whetstone - $59,415; West Neighborhood: Hunter United Methodist Church (Male) - $56,686; Hunter United Methodist Church (Female) - $57,186. 18. RESOLUTION 12,438 - To enter into contracts with agencies to provide targeted neighborhood based After School/Out of School Time Programs to Little Rock youth, ages 6- 17, in the amount of $673,567. Staff recommends approval. Synopsis: Enter into contracts with seven (7) organizations to provide targeted neighborhood based, After School/Out of School Time Programs to Little Rock youth, ages 6-17. The agencies are as follows: Central Neighborhood: Women's Council on African American Affairs - $58,244; Love Letters to the Universal Sound - $54,670; East Neighborhood: Pulaski County Juvenile Services - $55,170; Midtown Neighborhood: Faithcare/Inner City Futurenet (Ages 6-11) - $52,561; Faithcare/InnerCity Futurenet (Ages 12-17) - $51,035; Little Rock Boys/Girls Clubs — Mitchell - $58,715; Southwest Neighborhood: Promiseland Ministries - $53,140; Pulaski County Juvenile Services - $58,887; In His Image Youth Development Center - $55,000; Little Rock Boys/Girls Club — Whetstone - $58,715; West Neighborhood: Little Rock Boys/Girls Clubs — Penick (Ages 6-11) - $58,715; Little Rock Boys/Girls Clubs — Penick (Ages 12-17) - $58,715. 19. RESOLUTION 12,439 - To authorize the City Manager to enter into a contract with New Futures for Youth to provide technical assistance, youth employability, gang intervention, monitoring, and research services; and for other purposes. Staff recommends approval. Synopsis: To enter into a contract with New Futures for Youth for technical assistance, youth employability, gang intervention, monitoring and research services. The contract is not to exceed $220,000. The Mayor spoke collectively for the Board by saying that the Board was going to become more aggressive about how they spend the City's money. He state that there would be s a study of the methodology of disbursing the funds and the success of the programs. He stated the organizations that have received funds in the past should not be rely on them or take them as a granted or given for next year. Director Fortston requested that the information the Directors Adcock and Hendrix requested concerning outcomes be shared with the entire Board. The City Clerk read Items 16, 20, and 21. Vice Mayor Hurst, seconded by Director Keck, made the motion to adopt Item 16, 20, and 21. By unanimous voice vote of the Board members present Items 16, 20, and 21 were adopted. 7 Little Rock Board of Directors Meeting —Minutes -February 6, 2007 16. RESOLUTION 12,436 - To enter into contract with The Center of Healing and Hope to provide Community Based Domestic Violence programs and services in the amount of $40,003 to "Little Rock residents. Staff recommends approval. Synopsis: To enter into contract with one (1) organization to provide Community Based Domestic Violence Programs and services to Little Rock residents. 20. RESOLUTION 12,440 - To authorize the City Manager to enter into a contract with two (2) organizations to provide pre and post treatment Neighborhood Support Center Services to Little Rock residents ages eighteen (18) and over; and for other purposes. Staff recommends approval. Synopsis: To enter into contracts with two (2) organizations to provide Neighborhood Supportive Services to Little Rock residents ages eighteen (18) and up. Organizations: Southwest and East Neighborhoods - Step Up Support Center - $169,716; Central, Midtown and West Neighborhoods - BCD -Black Community Developers - $174,964. 21. RESOLUTION 12,441 - To authorize the City Manager to enter into a contract with the University of Arkansas for Medical Sciences to provide outpatient adolescent substance abuse treatment services; and for other purposes. Staff recommends approval. Synapsis., To enter into contract with the University of Arkansas for Medical Sciences for Outpatient Adolescent Substance Abuse Treatment Services in an amount not to exceed $198,216. Director Kumpuris recognized former Director Paul Kelly for steering the Board in this direction ten (10) years ago. After the vote the Mayor recognized former Director Mr. Kelly, who commended the City for continuing the process of investing in youth. He stated that juvenile crime has stayed at the same rate while adult crime has risen; he reminded the Board that this has been accomplished with the same $ 3.2 million as the program started with. He indicated that he was uncomfortable with the City having to take the lowest bidder instead of the best qualified service provider. Director Cazort concurred with former Director Kelly and asked the City Attorney questions regarding why the City puts out RFP's instead of RFQ's. The City Attorney addressed the issues and indicated that the process should be amended. Reverend William Robinson, Mary Paal, Carolyn Hobbs, Ruth Nash, Harriett Martin expressed continents and concerns about the issues brought forward during the discussion of Items 16 — 21. The Board recessed for a 10 minute break. Mayor Stodola reconvened the meeting at 8:30 PM. Director Wyrick, seconded by Director Keck, made a motion to hold Item 27 separate. By unanimous voice vote of the Board members present Item 27 was held separate. The grouped Items; (Items 22 — 28; excluding Item 27) were read the first time. Little Rock Board of Directors Meeting — Minutes - February 6, 2007 22. ORDINANCE 19,687 - Z -7723-B — Approving a Planned Zoning Development and establishing a Commercial District titled Treadway's Revised Short -Form PCD, located at 1115 Jefferson Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is proposing to revise the previously approved PCD for the church located on Lot 2R to eliminate the proposed on-site parking. There are no changes proposed for Lot 1R, which will maintain the previously approved C- 3 uses as allowable uses. 23. ORDINANCE 19,688 - Z-7870 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled King Mills Estates Long -Form PCD located at 23724 Highway 10 in Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant proposes to rezone the existing King's One Stop properties from C-3 General Commercial to PCD to allow C-3 uses and to add sales of automobiles and portable buildings, a landscape nursery and limited outdoor storage of farm supplies; all specifically defined use areas. 24. ORDINANCE 19,689 - Z-8144 - Reclassifying property located at 2800 Cumberland Street in the City of Little Rock, Arkansas, from R-3 to MF -24 and 0-1; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The owner of the 15.178 acre property located at 2800 Cumberland Street (west side of Cumberland Street, three hundred (300) feet south of East Roosevelt Road), is requesting to rezone 14.48 acres from R-4, Two Family District to 0-1, Quiet Office District. 25. ORDINANCE 19,690 - Z -6994-A — Reclassifying property located at the northeast corner of West 10th and Woodrow Streets, and the northeast corner of West 10th and Appianway Streets, from R-3 and I-2 to PR, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The City of Little Rock, owner of the 0.79 acre property located at the northeast corner of West 10th and Woodrow Streets and the 0.30 acre property at the northeast corner of West 10th and Appianway Streets, is requesting to rezone the property from R-3, Single Family District and I-2, Light Industrial District to PR, Park and Recreation District. 26. ORDINANCE 19,691 - Z-8141— Reclassifying property located at 11701 West 36th Street from R-2 to 0-3, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The owner of the 2.04 acre property located at 11701 West 36th Street is requesting that the zoning be reclassified from R-2, Single Family District to 0-3, General Office District. M Little Rock Board or Directors Meeting —Minutes -February 6, 2007 28. ORDINANCE 19,693 - To designate event lighting and sound services as a one (1) time professional service pursuant to authority granted in Arkansas Code Ann. 19-11-802; and for other purposes. Staff recommends approval. Synopsis: The ordinance would designate event lighting, stage, and sound services as a one (1) time professional service which would allow the City to select the most qualified company rather than the low -bid for liEhting, stage and sound services in conjunction with the special events planned for the 50' Anniversary of the integration of Central High School. Director Adcock, seconded by Director Cazort, made a 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 Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third and final 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 present, being two-thirds in number, Items 22 — 26, and 28 were adopted. Mayor Stodola read Item 27, which was held separately. 27. ORDINANCE 19,692 - To authorize the City Manager to approve a contract with interface/Sonitroi Security Systems (sole source provider) for a purchase order to upgrade the entrance security equipment for the Police Department facilities and to upgrade the Office of Information Technology security to the same system, in the amount of $58,125. Staff recommends approval. Synopsis: The Little Rock Police Department is requesting approval to award a purchase order to the Interface/Sonitrol Security Systems for upgrades to the entrance security equipment for the Police Department facilities and the Office of Information Technology to the same system. Director Cazort, seconded by Director Fortson, 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 Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinance on third and final 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, Item 27 was adopted. SEPARATE ITEMS — GROUP II 29. ORDINANCE 19,694 - Z -7603-C — Approving a Planned Zoning Development and establishing a Planned Commercial District titled 14910 Cantrell Road Short -Form PCD located at 14910 Cantrell Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 6 ayes, 4 nays, I absent. Staff recommends denial. Synopsis: The applicant is requesting a rezoning of the site from R-2 to PCD to allow the creation of a two (2) lot plat and the development of the site with two (2) commercial buildings utilizing selected C-3 uses as allowable uses. 10 Little Rock Board of Directors Meeting — Minutes - February 6, 2007 Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinance (Item 29) on first reading. By unanimous voice vote of the Board members present, the rules were suspended and the ordinance was read. Director Adcock, seconded by Director Keck, 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 Adcock, seconded by Director Keck, made a motion to suspend the rules and place the ordinances on third and final reading. By unanimous voice vote of the Board members present, being two-thirds in number, the rules were suspended and the ordinance were read the third time. Tony Bozynski, Planning Director, gave a brief presentation and answered questions from the Board on Item 27; including the history of the application and the latest amendments. Steve Haralson, Public Works Director, answered questions about traffic production in the area. Pat McGetrick, representing of the applicant, spoke in favor of Item 29. He stated that the application had been revised to reflect a change in square footage and type of the restaurants and the hours of operation were reduced. He stated that the project, viewed as a whole, had a 50/50 split of office and commercial use. Ernie Peters reported on and answered questions from the Board regarding his traffic study at the development site. Ruth Bell (League of Women Voters), Celia Martin (Westchester Neighborhood), Michael Saar (President of Westchester/Heatherbrae Neighborhood Association), Mary Dornhoffer (Coalition of West Little Rock Neighborhoods) spoke in opposition of Item 27. Major points of contention included that the development did not comply with the Land Use Plan or Corridor Plan; and that it might contribute to others seeking the same type of zoning changes. Gene Martin and Amanda Saar were also present, but did not speak, were in opposition of Item 29. A roll call vote was taken and recorded as follows: Directors Cazort, Keck, Wyrick, Kumpuris, Fortson, and Hendrix voted yes. Directors Wright, Adcock, Hurst, and Mayor Stodola voted no. Director Richardson was absent. Item 29 was adopted. Mayor Stodola opened the public hearing for Item 30 at 9:15 PM. There were no speakers present in support or opposition of this item, the Mayor closed the public hearing. 30. PUBLIC HEARING & ORDINANCE 19,695 - To establish and lay off the City of Little Rock Municipal Property Owners Multi -Purpose Improvement District Number 2007-301; Valley Oaks Court Addition, declaring an emergency, and for other purposes. Staff recommends approval. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinance (Item 30) on first reading. By unanimous voice vote of the Board members present, being two thirds in number, the rules were suspended and the ordinance was read. Director Adcock, seconded by Director Hurst, 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. 11 10 Little Rock Board of Directors Meeting — Minutes- February 6, 2007 Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinance on third and final 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, Items 30 was passed. The emergency clause was passed was passed in a separate vote. 31. EXECUTIVE SESSION & RESOLUTION - Deferred - To make appointments to various City of Little Rock, Arkansas Boards and Commissions. The, Mayor recognized Don Darnell to speak in regard to his pending reappointment on the Racial and Cultural Diversity Commission. Director Kumpuris, on behalf of Director Richardson who had to leave early, seconded by Director Hendrix, made a motion to defer Item 31 to a reconvened meeting on February 13, 2007. By unanimous voice vote of the Board members present, Item 31 was deferred. Director Kumpuris gave a brief update on the Rock Island Bridge, Director Adcock asked the City Manager for an update on the Regional Detention Center. The City Manager reported that he would have a presentation in the beginning of March. Director Keck, seconded by Director Cazort, made a motion to recess the meeting. By unanimous voice vote of the Board members present, the meeting was recessed at 9:30 PM. A reconvened meeting was scheduled for Tuesday, February 13, 2007. ATTEST: 74�Lwe-� Nan y Wood, M City Clerk 12 APPROVED: Mark Stodola Mayor COPI SURETY BOND KNOW ALL MEN BY THESE PRESENT: Bond # S375483 /t,A6A-� That, 149-10 tre LLC as Principal and, Employers Mutual Casualty Company as Surety are held and firmly bound unto the Ci1y of Little Rock Arkansas as_Obligee, In the amount of TWO HUNDRED ELEVEN THOUSAND THREE HUNDRED NINETY AND NO/100THS -their heirs 'execuiors, administrators, successors and assigns, jointly -and severally, firmly by these presents. Now, therefore, the condition of this obligation is such that if the principal, will, within one year complete the Utilities. excavation andad U_ ing in Schedule -1: Concrete items such as curb and gutter, aprons, and other items in. Schedule -2: Paving and base material in Schedule -3. as per city ordinance. These improvements to be made at then such obligation shall be null and void; otherwise, it shall remain in full force and effect. No right of action shall accrue on this bond to or for the use of any person or corporation other than the obligee named herein or the heirs, executors, administrators, or successors of obligee. Liability under this bond shall terminate as of 23rd day of July. 2009 as to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. Signed and sealed this 23rd day of July , 2008 14910 Cantrell, LLC P 'ncipaI imployers Mutual Casualty Company Suret3 Sylvi� . Young, orne -Fact AEMC Insurance Companies f�0, 7 9 � � 512 P.O. Box 712 a Des Moines, lA 50306-0712 CERTIFICATE OF AUTHORITY INi IVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that, 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3' Union Insurance Company 6f Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property &•Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally.as "Company" and collectively as "Companies", each does, by these presents, made, constitute and appoint: TIMOTHY P.-FARRELL; CARO.LYN HUNTER, MICHAEL D. HALTER, SYLVIA A. YOUNG ,,KEVIN BRUICK, RANDY IRVIN, ALFRED L. WILLIAMS,:CARLA'SUE HOLLIS,-CHARLES M. ALLEN;.G. ROBERT SMITH, DALE E. TEMPLE; ROLFE KENNEDY; INDIVIDUALLY, LITTLE ROCK, ARKANSAS ............. ......................................... :........ .............................. ...................... . ................ ...... ......... .... its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds; undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS............................................................................................. ($10,000,000.00) and to bind each Company thereby as fully and to the same extent as 'if such instrtiments were signed by :the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority. hereby given are hereby ratified and confirmed. The authority hereby granted shall expire _ - APRIL 1, 2011 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the. 80ards.of Directors of each of the Companies at a regularly scheduledmeeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint.atiomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company (hereto, bonds and undertakings. recognizan ce s, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or:her. Attorneys -in -fact ;shall have power and authority, subject to the terms and limitations of the power-of-akorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognize{ices, contracts of indemnity and other writings obligatory in the nature thereof, and any such Instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shal! he fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-ofi=attorney of the .Company, .shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused these presents4o be signed. for each by their officers as shown, arid the Corporate seals to be hereto affixed this 23RD davof JANUARY 2008 Seats ....... ,., . E C ,., . Ms. 0.Apl)*4 % yV` �40pP 0841 7i O: 40RP PR,�i •_ =p SEAL 35 6= 1863 m 1953.�; 5 - ��•<`' � 3�� " .%yam., ,: `. %��'•. ,., ••'�° ..*rr n *.• �.e. 'q•Hh jttld •'.SURRryC'•.: IIokw,ARiu�'• li4tlTG.i4 �, y4�:` pPO R4r�� :.4w•�Q19QR/ f oo CO L :.mak ••.,?�RF. PG ". S oA d:% == SEAL t_ s=_ SEAL ;;a- SEAL =: � gun r UTl1q! a y � e% Rt1TA I.RUMIN5 �`F Commission Number 176255 �r�SilHA �r hely Comm. Exp. Sept: 10, 2069 sh1 IN S ,� 04-a,"A - Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 &; President of Company. 1; Vlca Chairman and CEO of Company T .d J rey S. Birdsley ASSistant Secretary On this 23RDday of JANUARY AO 2008 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duty sworn, did say that they are, and -are known to me to be the Chairman, President, Vice Chairman :and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument.was signed and sealed on behalf of each of the Companies by authority of their respective Boards of birectors', and that the said Bruce G. Kelley -and Jeffrey S. Bfrdsley, as such officers; acknowWge the ekecution of said instrument to he the voluntary act and deed of each ofthe.Companies. My Commission Expires Septembe00, 2009. Notary Public in and for the State of lowa CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution -Df the Boards of Directors byeach of the Companies, and this Power of -Attorney issued pursuant thereto on JANUARY 23 2008 on behalf of Timothy P. Farrell, Carolyn Hunter, Michael D. Flatter, Sylvia A. Young, Kevin-Bruick, Randy Irvin, Alfred. L. Williams, Carla Sue are true and correct and are sfiTin full force and effect. Hollis, Charles M. Allen, G. Robert Smith Dale E. Templ , Ro e. Kennedy. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company th day of Vice -President The 9fotTo way Furry Iraq Civil and Environmental Design RE —L-ot--1; C-a.ntreli-Fallsa--L--ittle-Rock; Pulaski -County; Arkansas- -- Dear Mr. Hockersmith, Please find attached Schedule 1,2, and 3 of Phase -I which are my estimated cost for providing construction of all of the utilities, excavation, and grading in Schedule -1; concrete items such as curb and gutter, aprons, and other items in Schedule -2; and then the paving and base material in schedule -3. The paving includes the decel-lane and the large radius exit as well as the asphalt and paving up to and past the entrance into Lot 1. This of course is not a bid estimate however anyone can see that we have tried to use fairly high unit prices. If you need additional information please advise. Respectfully Submitted. Robert D. olloway RDH/bf ENGINEERING ♦ DESIGN 2 -Cl 89EETS6TOS SURVEY/MAPPING WJTA RemoTToH d9Etb0 80 bT Tyr Robert D. Holloway 200 Casey Drive Prof: E;n=RCV%"i,,, Maumelle, AR 72113 Arkaarms Mimgiuippi LodA= Alai=a Prof. Lard Smvcgw Regimmian Arka„, Telephone (501) 851-8806 July 14, 2008 (501) 851-3366 Facsimile (501) 851-3368 Steve C. Hockersmith ♦ PDC Company Realty o Mall hollowayfimrQsbcglbal.net 1501 N. University, Suite 740 Little Rock, AR 72207-5236 RE —L-ot--1; C-a.ntreli-Fallsa--L--ittle-Rock; Pulaski -County; Arkansas- -- Dear Mr. Hockersmith, Please find attached Schedule 1,2, and 3 of Phase -I which are my estimated cost for providing construction of all of the utilities, excavation, and grading in Schedule -1; concrete items such as curb and gutter, aprons, and other items in Schedule -2; and then the paving and base material in schedule -3. The paving includes the decel-lane and the large radius exit as well as the asphalt and paving up to and past the entrance into Lot 1. This of course is not a bid estimate however anyone can see that we have tried to use fairly high unit prices. If you need additional information please advise. Respectfully Submitted. Robert D. olloway RDH/bf ENGINEERING ♦ DESIGN 2 -Cl 89EETS6TOS SURVEY/MAPPING WJTA RemoTToH d9Etb0 80 bT Tyr Schedule -1 (Continued) ITEM # DESCRIPTION I UNIT EST. QNTY JUNITPRICE1TOTAL AMOUNT 26 Furnish & Install 6" conduit EA 300 $10.00 $3,000.00 Inc. Trench & Backfill 27 Furnish & Install Additional LF 500 $7.00 $3,500.00 6" Conduits in Trench 28 Furnish & Install 3" Conduit LF 300 $5.00 $1,500.00 In 3" Trench & Backfill 29 Furnish & Install Additional LF 400 $4.00 $1,600.00 3" Conduit in Existing Trench 30 Stop Sign EA 1 $250.00 $250.00 31 Baricades EA 1 $500.00 $500.00 32 8" Sewer Pipe SDR -35 & LF 530 $10.00 $5,300.00 Bedding 33 4" Sewer Service Pipe LR LF 70 $20.00 $1,400.00 Specs 34 Sanitary Sewer Manholes EA 2 $1,800.00 $3,600.00 (o'-6) 35 Additional Depth Manholes LF 4 $200.00 $800.00 36 Tie to Existing Manhole EA 2 $500.00 $1,000.00 37 8"x4" Service Wyes EA 2 $150.00 $300.00 38 Sewer Line Trenching 0'-6' LF 300 $8.00 $2,400.00 9-d 89EET98TOS WJTJ RemO11OH d8E=*,0 80 bT tmr Phase -I Cantrell C=alls, Little Rock, Pulaski County, Arkansas Schedule 1: $147,060.00 Schedule 2: $22,230.00 Schedule 3: $42,100.00 Total: $211 390.00 p- -d BSEEISBIOS WJi j Remot joH d9E =i+0 80 1►1 inC SCHEDULE -1 UNIT PRICE FOR THE CONSTRUCTION OF EXCAVATION, EMBANKMENT, GRADING, DRAINAGE, AND UTILITIES FOR CANTRELL FALLS, PHASE I, LITTLE ROCK, PULASKI COUNTY, ARKANSAS 10 -Jul -08 ITEM # DESCRIPTION I UNIT I EST. JUNITPRICEI TOTAL AMOUNT QNTY 1 Clearing & Grubbing AC 0.6 $5,000.00 $3,000.00 2 Excavation & Cy 5000 $10.00 $50,000.00 Embankment 3 Rip -Rap Tons 20 $50.00 4 French Drain LF 200 $6.00 5 Standard Curb EA 2 $2,000.00 b'd BBCCTSBTOS 2 $2,000.00 2 $1,900.00 2 $800.00 4 $200.00 $1,000.00 $1,200.00 $4,000.00 $4,000.00 $3,800.00 $1,600.00 $800.00 100 $40.00 $4,000.00 205 $30.00 $6,150.00 WJTJ ReMO110H dLE:bO 80 bT inC Inlets Single Throat (0'-6') 6 Standard Curb Inlets EA Double Throat (0'-6') 7 Junction Boxes Top Inlets EA 8 Tie to Existing Storm Drain EA Boxes 9 Extra -depth for Drainage LF Structure Over 6.0' 10 24" RCP LF 11 24" HDPE (Aluminum LF Smooth Bore b'd BBCCTSBTOS 2 $2,000.00 2 $1,900.00 2 $800.00 4 $200.00 $1,000.00 $1,200.00 $4,000.00 $4,000.00 $3,800.00 $1,600.00 $800.00 100 $40.00 $4,000.00 205 $30.00 $6,150.00 WJTJ ReMO110H dLE:bO 80 bT inC Schedule -1 (Continued) ITEM # DESCRIPTION UNIT I EST. JUNITPRICE1 TOTAL AMOUNT QNTY 12 Hay Bales for Curb EA 36 $10.00 $360.00 Inlets & Junction Boxes 13 Select Pervious Backfill Tons 300 $25.00 $7,500.00 for Road Crossings (Class 7) 14• Silt Fence LF 500 $3.00 $1,500.00 15 8" Ductile Iron (Class 50) LF 250 $40.00 $10,000.00 Water Pipe 16 6" Ductile Iron (Class 50) LF 100 $30.00 $3,000.00 Water Pipe 17 8" x 8" Tapping Sleeve & EA 1 $2,000.00 $2,000.00 Water Pipe 18 2" PVC (Class 200) Water LF 140 $10.00 $1,400.00 Pipe 19 8" Gate Valve with Box EA 1 $1,000.00 $1,000.00 20 Ductile Iron Fittings LBS 300 $5.00 $1,500.00 21 8" x 2 " Tapped Plug Ties EA i $800.00 $800.00 to Anchor Block w/ Stainless Steel All -Thread, & 2" Blow -Off Assembly 22 Fire Hydrant Assemblies EA 2 $3,000.00 $6,000.00 (Complete) 23 1.5 LF Fire Hydrant EA 2 $200.00 $400.00 Extension 24 Concrete Blocking CY 15 $200.00 $3,000.00 25 Excavate Gravel Base & EA 1 $500.00 $500.00 Backfill for Junction Boxes S'd 8966198109 WJ[i RemoTToH dLE:bo eo bT Inr Schedule -1 (Continued) ITEM # DESCRIPTION __[_UNIT EST. UNIT PRICEJ TOTAL AMOUNT QNTY 39 Sewer Line Trenching 6'-8' LF 230 $10.00 40 Metal Painted Rib Post for EA 1 $100.00 Sewer Service Reference 41 Trench Safety Lump Lump $1,000.00 Sum Sum Respectfully submitted: Signature Title Total Bid for Schedule 1 Address Date $2,300.00 $100.00 $1,000.00 $147.060.00 L. -d 89661SISTOS WJTA ReM0110H d9erb0 80 i*T Inf SCHEDULE -2 UNIT PRICE FOR THE CONSTRUCTION OF CONCRETE ISLANDS, SPILLWAYS, AND CURBS AND GUTTERS FOR CANTRELL FALLS, PHASE I, LITTLE ROCK, PULASKI COUNTY, ARKANSAS 7 -Jul -08 ITEM # DESCRIPTION UNIT EST. UNIT TOTAL AMOUNT Gutter QNTY PRICE SY 1 Concrete Islands SY 2 Concrete Curb and LF Gutter 3 Concrete SY Sidewalks 4 Concrete Apron SY Respectfully submitted: Signature Title 15 $42.00 900 $10.00 100 $42.00 200 $42.00 Total Bid for Schedule 2: Address Date $630.00 $9,000.00 $4,200.00 $8,400.00 $11,13U.UU 8-d eseeTs6Tos Wjij RemoTToH dee=*,0 eo iT Iter SCHEDULE -3 UNIT PRICE FOR THE CONSTRUCTION OF GEO-FABRIC, CLASS -7 BASE MATERIALS, AND HOT -MIX ASPHALT CONCRETE PAVING FOR CANTRELL FALLS, PHASE I, LITTLE ROCK, PULASKI COUNTY, ARKANSAS 7 -Jul -O8 ITEM # I DESCRIPTION I UNIT I EST. QNTY I UNIT I PRICE TOTAL AMOUNT 1 Class -7 Crusher! TON 650 $22.00 $14,300.00 Stone 9" 2 Hot -Mix Wearing TOIL 250 $100.00 $25,000.00 Surface 3" 3 Geotechnical Sy 1400 $2.00 $2,800.00 Fabric Respectfully submitted: Signature Title Total Bid for Schedule 3: $42,100.00 Address Date 6-d 896619BIDS WJTA RemoTToH d6E:f,0 BO bT Iter Jan 10 08 10%49a Hollowa3 Firm 5018513368 p.2 091?2-10� APPLACATION FOR PLANNED ZONING DENTLOPMENT -LONG FORNII CASE FILL NO. Z--L)403=b Pl-krq�rNG MINIM ' 'SSI,')N. hIFF*1-1.'.G DOCKETED FOR January 3.2'08 at 0) Plin. Applicatiov is ter0w ma.' to uhi! Sird ci` 5f Utile Rock. UZ.-aWl tl-;, Piz:liflillg Co-nrw,;lnn pUMITUAs to A,-kaysas jktµ Cr. Act 1 S rir ATs 1('11 Section 36 nf.-a- Lit& Rwk Coda ol Or&l,'Pk7:& a, amcfld-jJ, pewicinirr. (cr clasmil-wo of the ;'otiov.ing r.le-scubed area a.., a Long, Forni N-anned De-IaPmcat. I. --gat Dascripdoa; Sca Atlacrmrer;- A Title to this properly in. vested in: !!n Cantrell, LDC if an individual other than the RAIL iioldor riles this application, iltutichment of a letter is required such ,)jtj. . illp pel-F I c., on tonct on hebalf of the title holder. It is desired thut (:",t; NmildLrie-.; sLown on die District -Map be Rinvid-c: 'Aid dim this diea be -mendwd and hat thin area 1 Teclarsificd llcn+ the pfe.1311t ifz'a �POD ic', to PCD Districi. Present Use of pi ,,,,,Vacant Desired Lsu of F-awtr. mixed use Devel-opmunt of Of and Retail It is n%&-m(cn)d that rkt=of Ift put'Mit hMi79 hit:rMa 6ih-'13474 ibr Little RG.. Plarining CLq.-mpv.i-'R will N pur3'!,',ed 51 05: ouFN 1141M Rk hmring in ad.:I%'MOISPNPeT,a by A --I 196 sif flit- :957 A.cii of AiOns:,,4 tad 3:,girin 23 ri1 u441 Otdinmice. Pkid that lln"W cr P-elt'31i"Aty 1'emia-Z htr'nrc the =M br- circalated by The lippliat-m m' 314 other paics in ;rl=.t including owm-rs of land with on 200 Met of the bouv=ary wth& otek Ur ftr r Wi5i % m -Awned by 11ZC mfmt of the Cant isaiaa. arlid! 91121161! W-il 1:11' ill C:34 n6LjC;!4 djMj ht: bnrnC v. the itPPI kA -1, - 1010 Cal`17811, LLC; -M-ML ADDRMS7�.� - �C_y wa4niala, AR (OWNFv,) IOME PHONE: -ilth '\Tj Robert D. Holl 501-681-8025 Hockersn or (AG . Iii �ay -j --- BUST-q ESS PRONE:501 -851-3366 H0110vo='.� I — ;',C. A.PPROVE-0:4- P.C. 7fsM1fi0 BD. OF DIK-)TPROVPD� OT41 ►NCE .14 o' 'N N) NCO 'k _7.�ltjjj f). Authorized . it " i7 t ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED CANTRELL FALLS LONG - FORM PCD (Z -7603-D), LOCATED NORTH OF CANTRELL ROAD AND WEST OF TAYLOR LOOP ROAD, LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from POD and PCD to PCD: Part of the NE 1/ of the NW 1/, Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas, more fully described as follows: beginning at the northeast corner of Lot B -2-R, Regions Subdivision, an addition to the City of Little Rock, Arkansas, said corner lying on the north line of said NE 1/ NW 1/, 253.49 feet from the northwest corner thereof; thence S 89°34'46"E along said north line, 280.33 feet thence SO1°18'18"W, 604.84 feet to a point on the north right -of -ay line of Arkansas State Highway 10 (Cantrell Road); thence N69'23'1 5 "W along said north right- of-way line, 299.79 feet to a point on the southerly extension of the east line of said Regions Subdivision; thence N01'36'22"E along said east line, 501.40 feet to the point of beginning, containing 155,826 square feet or 3.5773 acres more or less. AND Part of the NE 1/ NW 1/ of Section 19, T -2-N, R -13-W, Little Rock, Pulaski County, Arkansas more particularly described as follows: Commencing at the northeast corner of Lot B -2-R, Regions Subdivision, Little Rock, Arkansas, thence S89°34'46"E 280.33 feet to the point of beginning; thence S88°44'54"E 297.83 feet; thence SO1°32'36"W 316.16 feet; thence SO1°20'08"W 333.19 feet to a point on the north right of way line of State Highway #10, thence northwesterly following: N89°49'07"W 113.70 feet; thence N78°45'45"W 101.61 feet; thence N69°23' 15"W 87.50 feet thence leaving said right of way N01'1 8'18"E 604.84 feet to the point of beginning containing 4.34 acres more or less. SECTION 2. That the approval of Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is subject to compliance with the following additional conditions: • That the preliminary site development plan/plat be approved as submitted, including all staff comments and conditions as outlined in the Planning Commission Agenda Staff Report in paragraphs D, E, F and including any conditions indicated in the staff analysis in paragraph H and subject to additional conditions imposed at the Planning Commission Public Hearing as amended by the applicant. ■ The hours of operation for the development are limited to 6:00 am to midnight seven days per week. • The hours of dumpster service and the service hours of the suppliers are limited to daylight hours. • The approved uses are limited to the following: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). ■ The approved site plan allows the construction of a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. SECTION 3. That the change in zoning classification contemplated for Cantrell Falls Long -form PCD (Z -7603-D), located North of Cantrell Road and West of Taylor Loop Road is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 5. That this Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. 2 SECTION 7. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: APPROVED: City of Little Rock Clerk Mayor APPROVED AS TO FORM: City Attorney Vicinity Map Land Use Case: Z -7603-D N Location: North of Cantrell Road and West of Taylor Loop Road Ward: 5 0 100 200 Feet PD: 1 CT: 42.05 TRS: T2N R13W19 � 1 I 297.73' F. wr1 Z -7603-D 0 PDC COMPANIES* LONG -FORM PCD Of- � Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM Little Rock Board of Directors Meeting April 1, 2008 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Mark Stodola presiding. Nancy Wood, City Clerk, called the roll with the following Directors present: Hendrix, Adcock, Keck, Cazort, Richardson Fortson, Kumpuris, Wyrick, Wright, Vice Mayor Hurst, and Mayor Stodola. Director Wyrick was absent. Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola asked that the listed modifications be considered: DEFERRALS: 11. ORDINANCE (Z-8304) — Deferred to April 15, 2008. Reclassifying property located at 14824 Crystal Valley Road in the City of Little Rock, Arkansas, form R-2 to AF; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the 31.5 acre property located at 14824 Crystal Valley Road is requesting that the zoning he reclassified form R-2 to AF. 20. PUBLIC HEARING & ORDINANCE G-23-396 — Deferred to May 6, 2008. To abandon portions of Corning Drive, Selma and East I Oh Streets and alleys Iocated within and adjacent to Blocks 6 and 15, Industrial Park Addition; Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 12 absent. Staff recommends approval (Deferred from March 18, 2008). Synopsis: Little Rock National AirMt, adjacent property owner, requests to abandon portions of Corning Drive, Selma and East I0t Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; and for other purposes. Director Adcock made a motion, seconded by Director Cazort to amend the agenda to include the deferrals listed. By unanimous voice vote of the Board Members present, the Modifications were accepted. The Consent Agenda consisted of Items 1— 8. 1. MOTION To approve minutes of the regular Board of Directors Meetings of February 5, 2008, and March 4, 2008. 2. RESOLUTION NO. 12672 Declaring April 2008 to be "Child Abuse Prevention Month" in the City of Little Rock, Arkansas; and for other purposes. Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM 3. RESOLUTION NO. 12673 G-25-199 — To change the name of a portion of Marshall Street to Children's Way. Planning Commission: 9 ayes, o nays, 2 absent. Staff recommends approval. Synopsis: Arkansas Children's Hospital and the majority of owners and occupants of properties abutting Marshall Street between West 81h Street and Daisy L. Gaston Bates Drive are requesting that the name of that portion of the street be changed to Children's Way. 4. RESOLUTION NO. 12674 - To call upon sub -prime mortgage lenders, servicers for properties and adjustable rate home mortgages, located in the City of Little Rock, Arkansas, to be sensitive to the impact of home foreclosures on the local economy and surrounding properties; to seek creative methods not to foreclose on these properties for a six month period of time; and for other purposes. 5. RESOLUTION NO. 12675 - To certify local government endorsement of Sage V Foods, LLC, located at the Port of Little Rock, Little Rock, Arkansas, to participate in the Arkansas 'Tax Back Program (as authorized by Section 15-4-2706(D) of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends approval. Synopsis: The project will result in 60-100 new jobs and there will be a total investment of $22,636,000. 6. RESOLUTION NO. 12676 - To approve a purchase order with Cruse Uniforms, Inc., state contract vendor, for the purchase of Little Rock Police Department ammunition for the 2008 Police Recruit School. Slaffrecommends approval. Synopsis: The Police Department is requesting approval to award a purchase order to Cruse Uniforms, Inc., the State contract vendor for Remington ammunition, for the purchase of Police ammunition for the 2008 Police Recruit School. $104,968.38 is available from 2008 Police Departmental budget accounts. 7. RESOLUTION NO. 12677 — To approve a purchase order with Cruse Uniforms, Inc., for the purchase of Little Rock Fire Department uniforms, in an amount not to exceed $125,000 per year. Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting approval to authorize the City manager to enter into a contract with Cruse Uniforms for the purchase of Fire Department Uniforms for department personnel. 8. RESOLUTION NO. 12,678 - To approve a contract with American Solutions for the purchase of Little Rock Fire Department job shirts, in an amount not to exceed $17,000 per year. Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting approval to authorize the City Manager to enter into a contract with American Solutions for the purchase of Fire Department job shirts for department personnel. Director Adcock made a motion seconded by Vice Mayor Hurst to hold Item 4 separately for a presentation by Director Richardson who sponsored the resolution. By unanimous voice vote of the Board Members present the motion carried. The Consent Agenda consisting of items 1-3, and 5-8 was read. 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, the Consent Agenda was adopted. 0) Minutes Little Rock Board of Directors Meeting April I, 2008 6:00 PM Item 4, was held separately and Director Richardson gave an overview of the cost, impact and effects of home foreclosures, and asked the mortgage lenders, service providers for properties and adjustable rate mortgages, located in the City of Little Rock, to delay foreclosure for a six month period of time. A motion was made by Director Adcock, seconded by Director Richardson to adopt the resolution. By unanimous voice vote of the Board Members present, the (item 4) resolution was adopted. CITIZENS COMMUNICATIONS Speaker: Ruth Bell Topic: Recycling Awareness Speaker: Luke Scrabble Topic: Clarification on Advertising and Promotions Commission Report Speaker: Robert Webb Topic: No Land Bank Commission Representation in Ward 2 The Grouped Items consisted of Items 9-10, and Items 12-16. Item 11 was deferred to April 15, 2008. 9. ORDINANCE NO. 19941 - LU -08-20-01 - A Land Use Plan Amendment in the Pinnacle Planning District located at the north terminus on Valley Ranch Drive, west of Patrick County Road from Single Family to Office and Low Density Residential for future development. Planning Commission: 9 ayes, 0 nays, 2 absent. Staffrecommends approval. Synopsis: A land Use flan Amendment in the Pinnacle Planning District located at the north terminus on Valley Ranch Drive, west of Patrick County Road from Single Family to Office and Low Density Residential for future development. 10. ORDINANCE NO. 19942 - Z-8301 - Reclassifying property located at 7101 Valley Ranch Drive in the City of Little Rock, Arkansas, from R-2 to 0-3; amending the Official Zoning Map of the City of Little bock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopses. The owner of the undeveloped 3.88 acre property located at 7101 Valley Ranch Drive is requesting that the zoning be reclassified from R-2 to 0-3 11. ORDINANCE (Deferred to April 15, 2408) Z-8304 — Reclassifying property located at 14824 Crystal Valley Road in the City of Little Rock, Arkansas, from R-2 to AF; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayas, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the 31.5 acre property located at 14824 Crystal Valley Road is requesting that the zoning be reclassified from R-2 to AF. 12. ORDINANCE NO. 19944 - Z -3371-V — Reclassifying Property located at the southwest comer of Colonel Glenn Road and Colonel Glenn Court from C-3 to C-4; in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for 3 Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. ,staff recommends approval. Synopsis: The owner of the undeveloped 6.306 -acre property located at the southwest corner of Colonel Glenn Road and Colonel Glenn Court from C-3 to C4. 13. ORDINANCE NO. 19945 - Z-8308 — Approving a Planned Zoning Development and establishing a Planned Industrial District titled Calvary Bread of Life Ministries Short -Form PID, located between West 33rd Street and West 34th Street, fronting Jane Street and Mabelvale Pike Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent, Staff' recommends approval. Synopsis: The request Is a rezoning of the site from I-2, Light Industrial District to PID to add a church as an allowable use for the property. 14. ORDINANCE NO. 19943 - MSP — Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance for dedication of right-of-way as required by the Master Street plan for North University Avenue. Planning Commission: 9 ayes. 0 nays. 2 absent. Staffrecommends approval. Synopsis: Authorizes a reduction in the Master Street Plan right-of-way dedication along the frontage of 424 North University Avenue for Storthz Snort -Form POD. 15. ORDINANCE NO. 19947 Z -8152-A — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Storthz Short -Farm PCD, located at 424 North University Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staffrecommends approval. Synopsis: The applicant is proposing a rezoning from 0-3 to PCD to expand the allowable uses for the site. 16. ORDINANCE 19948 - Condemning certain structures in the City of Little Rork, Arkansas, as structural, fire and health hazards; providing for the 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. Staff'recommends approval. Synopsis: Two (2) residential structures in dilapidated and/or burned condition are causing negative environmental impact on the residential neighborhoods in which they are located. The first reading on ordinances (Items 9, 10, 12, 13, 14, 15, and 16) was read the first time. A motion was made by Director Adcock, seconded by Director Richardson 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. A motion was made by Director Adcock seconded by Director Richardson to suspend the rules and place the ordinances on third and final 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 present being two-thirds in number the ordinances were passed. SEPARATE ITEMS (Item 17) 17. ORDINANCE 19949 Z-8286 — Reclassifying property located on the east side of Vimy Ridge Road, approximately 250 feet north of County Line Road, from R-2 to C-1. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. (I" readbrg held on March 18, 2008). 4 Minutes Little Rock Board of Directors Meeting April 1, 2008 6:00 PM Synopsis: The owner of the 2.59 acre tract located along the east side of Virny Ridge Road, approximately 250 feet north of County Line Road, is requesting that the zoning be reclassified from R-2 to C-1. The ordinance was read the second time to include amendments made and voted (in the affirmative) at the March 18, 2008 Little Rock Board of Directors Meeting. Director Adcock made the motion to suspend the rules and place the ordinance on third reading. Mr. Bob Roberts, applicant restated the amendments. Director Adcock stated that she believed as Director Wyrick had stated into he previous meeting, that this development was to close to the property lines in the adjoining area, and felt the noise and traffic that would be generated would be too intense for the neighbors.. (See discussion in the minutes of March 18, 2008). A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Cazort, Wright, Keck, Kumpuris, Fortson, Vice Mayor Hurst voted in favor. Director Adcock was opposed. Director Wyrick was absent. The ordinance was passed. PUBLIC HEARINGS (Items 18 — 20) 18. PUBLIC HEARING & ORDINANCE NO. 19946 - Z-7603 - To approve the Planned Zoning Development and establishing a Planned Commercial District titled Cantrell Falls Long -Form PCD, located north of Cantrell Road and west of Taylor Loop Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: S ayes, 4 nays, I recusal and I absent. Staff recommends approval. (Deferred from March 4, 2008). Synopsis: The request is to appeal the Planning Commission's denial of the revision to a previously approved PCD and a POD to allow a unified development plan for this eight (8) plus acre site containing a mixed use development of office, retail and restaurant uses. Mayor Stodola opened the public hearing. The ordinance was read the first time. A motion was made by Vice Mayor Hurst, seconded by Director Hendrix to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present the ordinance was read the second time. A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the ordinance on third and final 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. The history of the development was presented by Mr. Dana Carney, Planning and Development. Mr. Carney stated that the applicant is now proposing a revision to the previously approved combining them into a single four (4) lot development for PDC Companies Short -form POD and 14910 Cantrell Road Short -form PCD now titled Cantrell Falls Long -form PCD. The developer is requesting the allowance of a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. Mr. Gary Dean, representing the applicant, stated it was important to develop the site under a unified development plan and allow grading of the entire site with the initial construction. He stated the development was proposed complying with the previously approved development plans for each of the individual tracts. He stated the developers were complying with the City ordinances and standards for development of the site. 5 Minutes Litiic Rock Board of Directors Meeting April 1, 2008 6:00 PM Ms. Celia Martin addressed the Commission in opposition of the request. She stated she was a resident of the Westchester Neighborhood and lived on Canterbury Court. She stated a number of the residents of Westchester had submitted letters of opposition to the development. She stated the concerns were drainage, noise and the increasing of activity on the site. She stated the order board proposed for Lot 1 was not a part of the initial approval. She also stated the development of Lot 4 was more intense than originally expected. She stated with the placement of a drive- through on the site the neighborhood would hear the noise from the restaurant and the boom boxes waiting for service on the site. Ms. Martin stated the hours of operation for the eastern lots were being extended from the original approval. She stated the hours for the restaurants were approved from 10:00 am to midnight and not the 6:00 am as presently proposed. She stated the neighborhood was opposed to the development for a number of reasons but the primary reason was the intensity of the development with three restaurant site, two bank sites additional commercial and office activities. She stated the traffic the site would generate and activity planned for the site was not within the perimeter of the original approval. Ms. Ruth Bell addressed the Commission in opposition. She stated she was representing the League of Women Voters and the League was opposed the development because of the creep. She stated the original plan indicated commercial at the node and the node had expanded and expanded and with the current site plan the site was not a mixed use development but a commercial development with a number of intense commercial activities. She stated the development should step down from commercial to office uses with ''/z the development retail and the other office. There was lengthy discussion and presentation on the issues, in particular the burming of the development site. Director Kumpuris had questions concerning what the burms and landscaping would look like once it was in place. Mayor Stodola stated that needed clarification because the Board has no idea what the burros would look like. Mr. Dean the developer offered an amendment to the ordinance, which he stated he would like to be read into the record. Mr. Carpenter stated the City cannot make demands of an applicant and asked them to do something in order for them to get their development, because that could lead to "takings" litigation and he stated he needed to ask the question. Mr. Carpenter said because the architect is making representation that there were amendments to the ordinance asked if this was the intent all along, or are you making the amendment because you want the ordinance passed. Mr. Dean, the architect representing the applicant answered that they were offering the amendment because this was their intent all along, and would like to read the amendment into the record. Mr. Dean asked Ms. EIizabeth Smart, the CEO of PDC Companies (Architects for the project) to read the statement into the record. Mayor Stodola recognized Ms. Smart, who read the following statement: "The applicant agrees to provide earth sculpturing burin and landscaping that stratifies or exceeds the Highway 10 Overlay requirements. Additionally the applicant will add buffering in the form of a stone water feature with the theme of Cantrell Falls. Director Keck asked if the application needed to be amended. Mr. Carpenter answered that the ordinance would be amended to reflect the statement. Mr. Carpenter again asked the question if they were amending because that was their intent all along, or if they were making the amendments to get the ordinance passed. Ms. Smart answered that the applicant is thrilled to do this, and want to make it acceptable to the neighbors, and had conservations with them during the break, and (Ms. Martin) one of the neighbors here tonight, was not opposed to what is planned. Director Cazort asked Ms. Smart if she was making this change voluntarily because this is part of the plan and to 51 Minutes Little Rock Hoard of Directors Meeting April 1, 2008 6:00 PM make sure it is in the ordinance. Ms. Smart answered yes. Mayor Stodola, stated this is a language clarification amendment, closed the public hearing and called for a roll call vote. The roll was called and recorded as follows: Directors Hendrix, Richardson, Cazort, Wright, Keck, Kumpuris, Fortson, Adcock, Vice Mayor Hurst voted yes. Director Wyrick was absent. The ordinance was passed. . 19. PUBLIC HEARING & ORDINANCE NO. 19950 - G-23-395 — To abandon portions of Crosby Drive, Ventura Avenue, Bedford Drive and East 10th Street and alleys located with and adjacent to Blocks 36 and 43, Industrial Park Addition, Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, l absent. Staff recommends approval. (Deferredfrom March I8. 2008). synopsis: Little Rock National Airport, adjacent proferty owner, requests to abandon portions of Crosby Drive, Ventura Avenue, Bedford Drive and East IOt Street and alleys located within and adjacent to Blocks 36 and 43, Industrial Park Addition, Little Rock, Arkansas. Mayor Stodola opened the public hearing. There was no one present to speak in favor or in opposition to the item. The ordinance was read the first time. A motion was made by Director Adcock seconded by Director Cazort 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 a motion was made by Director Adcock seconded by Director Cazort 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. A motion was made by Director Adcock seconded by Director Hendrix to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board Members present being two-thirds in number he rules were suspended and the ordinance was read the third time. B unanimous voice vote of the Board Members present, the ordinance was passed. Director Wyrick was absent. 20. PUBLIC HEARING & ORDINANCE (Deferred to May 6, 2008) G-23-396 — To abandon portions of Corning Drive, Selma and East 1011h Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommenar approval. (Deferred from March 18, 2008) Synopsis: Little Rock National Airport, adjacent property owner, requests to abandon portions of Corning Drive, Selma and East I o`h Streets and alleys located within and adjacent to Blocks 6 and I5, Industrial Park Addition; and for other purposes. OTHER BUSINESS (Items 21 - 22) 21. REPORT - Little Rock Board of Directors Board and Commission Updates (April 1, 2008). 22. EXECUTIVE SESSION & RESOLUTION — 12679 - To make appointments to the Oakland Fraternal Cemetery Board. A motion as made at 8:15 by Director Cazort, seconded by Director Kumpuris to go into executive session. By unanimous voice vote of the Board Members present the meeting was recesses to make nominations to appointments to the Oakland Fraternal Cemetery Board. The meeting was called back in session by Mayor Stodola. Mr. Moore, City Minutes Lin It: Rock Board of Directors Meeting Apr!] 1, 2008 6:00 PM Manager, announced that Mr. John E. Bush was nominated to fill the vacancy on the Oakland Cemetery Board of Trustees. A motion was made by Director Cazort seconded by Director Keck to appoint Mr. John E. Bush. By unanimous voice vote of the Board members present, the appointment was made. A motion was made by Director Wright, seconded by Director Richardson t adjourn the meeting. By unanimous voice vote of the Board Members present the meeting was adjourned at 9:00 PM. ATTEST: Nancy Wood, CMC City Clerk APPROVED: Mark Stodola Mayor 8 The Mo&oway Tim, Inc. Civil acrd Exv"ronivenu+1 Diisign Rohm D_ ArCawap tai 2 ^r Rc�::lanai prk,imz?Mi— appi n_' l•.n• An e::n bs�,i?n,�m. iw�_, December 6; 2007 29C CaW Drive C,la�imelle. AP 72113 Q Telcphrne (SQI) d$1.8Si0h rSi,;l SS;-;Si6C• ! r acs;m ar Donna James isolr ss1-»Es Subdivision Administrator ! City of Little Rock Plwiriing and D velepment hrr':owayfirn rW;brgloba�:ne'. 723 'West Markham Street Little }tock, Arkansas 72201-1334 R]E, Pl7C Companies and 14910 Cantrell Road Long -form PCD located North of Cantrell Road and West of Taylor Loop Road. little Rock, Ptfaski Courst5, AR Dear Mc. James, Newt find attached 4 copies of the referenced project wits revisions marked thereon. We are also requesting a Vwiance L-= the C=eing Grd1"anca in order that all grading work can be accompiistrpd at one lane to seep front tearing tip Utilities and pavement by trying to accomplish ,hat separately. Find the location of the order boa. -den Lot 1. It will have vision from Cantrell Road blocked by lmdscaping and the asraad direction of the sign. The maximum height of the buildings , 11be 2 story va'-ith a maximian elevation of approximately 35 feet abDVe gromd level. The dump__te3rs will be shown as marked on the revise i drwing. Storm water detention. twill be provided in and under tltc parking lots on each individual tract in accordance wish the rNuirerrrerms ofthat tract and will be a function of the design of the final grading plan. The site distance at the intersection does comply with the 2004 ASSHTQ Green Book standards for site distance. The project revisions rn� eat the rNuirements Of liens 9 and 10.1 do oe"eve we :nave met made all of the requiren;ent that hart been portrayed in the last staff r view•. if you need additional information, please don't hesitate to call_ Respectfi>1l5 5u�mriued, _ Harbert D. Hollow -ay r P1DH/hf ENC INFER It G DESION SURVEY,T4APPING Z'd 89CEISSTOG WJTJ ReroottoH 0122:so LO so Oa❑