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HomeMy WebLinkAboutHDC2013-008 Staff Report And Minutes, Graphics 11/08/2009DEPARTMENT OF PLANNING AND DEVELOPMENT LITTLE ROCK HISTORIC 723 West Markham Street DISTRICT Little Rock, Arkansas 72201-1334 COMMISSION Phone: (501) 371-4790 Fax: (501) 399-3435 STAFF REPORT ITEM NO. One. DATE: November 8, 2010 APPLICANT: Stephen McAteer, MacArthur Museum of Arkansas Military History ADDRESS: 503 East Ninth COA Clarification of the Area of Influence — MacArthur Museum of Arkansas REQUEST: Military History The Museum will be filing a Certificate of Appropriateness for a sign to be placed at the east intersection of MacArthur Drive (the circle) and Ninth Street. In the state legislation, it is mandated that the HDC set the Area of Influence for sending legal notices to surrounding properties. The default distance of the Commission is 150 feet. If all of the properties were notified around the park, at least 45 properties and almost 200 property owners will be notified as shown on the sketch bottom left. (144 are owners of Quapaw Towers alone.) This is everyone surrounding the entirety of the park including the Arkansas Highway Department. Staff believes this notification to be excessive. The circle in the sketch to the right shows a radius of 150' around the sign. That notice would only be three properties. The sketch on the right also shows the option of notifying the 16 properties shown (about 160 owners) along 9th Street that abut the park. Staff has learned that there is a governing body of Quapaw Towers and that the Quapaw Towers Board of Directors (QT BOD) meets once a month for their business. Staff proposes that one notice be sent to the Quapaw Towers Board of Directors instead of the 144 individual property owners. It is also recommended that the Museum Staff make themselves available the QT BOD monthly meeting to discuss the sign if desired by the QT BOD. Changes to the Area of Influence for notification require a vote of the commission to set the boundary. STAFF RECOMMENDATION: Staff recommends that the applicant notify all property owners that have frontage along Ninth Street that face the park as illustrated above with only one notice being sent to the Quapaw Towers Board of Directors instead of each individual owner in the tower. COMMISSION ACTION: November 8. 2010 Brian Minyard, Staff, made a presentation and noted that the applicant has added an additional sign to be reviewed at the entrance to the museum building itself. The commission was asked to review the notification for both signs at this hearing. He continued to present to the commission on the options for the notifications: 150 feet around the entirety of the park, 150' around the location of the signs and all property fronting on 9th Street within 150' of the park. Staff has recommended notifying the president of the Board of Directors of the Quapaw Towers instead of notifying all 160 owners. Commissioner Randy Ripley commented that he thought the intent was to protect property value or the perceived property vale of the area. He continued that he did not know why someone on the south side of the park would have an issue with the sign in relation to their property value and that notifying all of the property owners around the park was a lot of notification on a small item to meet the letter of the law. He asked why 150'. Mr. Minyard stated that he had researched how many times the HDC had made modifications to the notification area and then summarized them. All have occurred within the park boundaries. Debra Weldon of the City Attorney's office stated that this is why the issues are on a case -by - case basis. She advised the commission to weigh the pros and cons of the issue at hand. Commissioner Julie Wiedower asked for her memory to be refreshed on the previous action concerning the plaza and sidewalks item and the rational of the notification. She asked if the existing sign was going to be removed and the answer was yes. She asked if there had been any comments of questions from the neighborhood on the signs in the past and Mr. Minyard stated that he did not remember any. Chairman Marshall Peters spoke of the owners of multiple properties and the number of notices to actually be mailed. He stated that there were only six property owners to be notified and that most was rental property. Stephan McAteer of the MacArthur Museum of Arkansas Military History spoke to the general size and lighting of the proposed sign after Commissioner Chris Vanlandingham's request. He noted that the existing green sign would be removed. Mr. McAteer spoke of combining the signage to reduce the number of individual signs. Commissioner Wiedower commented she agreed with the Staff recommendation. Commissioner Ripley concurred. 2 Ms. Weldon commented on the constitutional procedural due process of giving notice and the opportunity of property owners to be heard. The test is if the notice is reasonably calculated to notify the property owners. She did not know if the commission could meet that test by announcing it at a neighborhood association meeting. If the President sent a letter to us and state that the owners were notified, she felt that it would meet the test. If it is a HPR, the HPR is for administrative purposes and maintaining property. She does not believe that they can receive notices of hearing items. She stated that we could use them as a tool if they follow their notices and procedures. Chairman Peters asked if Mr. McAteer had a problem with that. Mr. McAteer commented that the towers had a bulletin board where notices were posted. Commissioner Randy Ripley asked if that counted towards notifications. Ms. Weldon stated that the letters are proof that the notices were sent. Mr. Minyard asked to clarify the motion that the notifications was to be sent at the graphic as shown on the right side of the sheet to include the properties along Ninth Street on both sides and in the instance of Quapaw Towers to notify the Board of Directors and require them to send us a letter to certify they have notified all of the owners of this action pursuant and in accordance to their bylaws. Commissioner Wiedower made a motion to accept Staff's recommendation on notification. Commissioner Ripley seconded and the motion passed with a vote of 5 ayes and 0 noes. 3