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HomeMy WebLinkAbout03-02-10Little Rock Board of Directors Meeting March 2, 2010 6:00 PM Little Rock Board of Directors Meeting March 2, 2010 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson; and Mayor Stodola. Director Hendrix delivered the invocation, which was followed by the Pledge of Allegiance. DEFERRALS: 10. ORDINANCE; LU09- 04 -03: To amend the Land Use Plan (16,222) in the Heights Hillcrest Planning District from park/open space to office; and for other purposes. Planning Commission: 9 ayes and I nay. Staff recommends approval. Synopsis: A Land Use Plan amendment in the Heights Hillcrest Planning District from Park/Open Space to Office for future development. 11. ORDINANCE; Z- 1859 -I: To reclassify property located at the northeast corner of University Avenue and Evergreen Street 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: 9 ayes; I nay and 1 absent. Staff recommends approval. Synopsis: The owners of the 1.42 acres of property located at the northeast corner of University Avenue and Evergreen Street are requesting that the zoning be reclassified from R -2 to 0-3. 13. ORDINANCE; Z -8513: To approve a Planned Zoning Development and establish a Planned Residential District titled Little Rock Housiu Authority Park Addition Short- Form PD -R, located on the southeast corner of 12t and Park Streets, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 2 nays; 0 absent. Staff recommends approval. Synopsis: The Little Rock Housing Authority is proposing a rezoning of the site from R -3, Single - Family to PD -R to allow the development of five (5) residential units (two (2) duplexes and one (1) 1 single - family residence) on four (4) previously platted lots. 16. ORDINANCE; Z -8515: To reclassify property located at 11125 Interstate 30 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: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: The owner of the six (6) -acre property located at 11125 Interstate 30 is requesting that the zoning be reclassified from R -2 to I -2. Director Keck made the motion, seconded by Director Adcock, to defer Items 10, 11 and 16 until March 16, 2010, and to defer Item 13 to a later date at the applicant's request. By unanimous voice vote of the Board Members present, Items 10, 11 and 16 were deferred until March 16, 2010, and Item 13 was deferred to a later date. 1 Little Rock Board of Directors Meeting March 2, 2010 6:00 PM Director Keck made the motion, seconded by Director Cazort, to add Items 15 and 17 to the Grouped Items. By unanimous voice vote of the Board Members present, Items 15 and 17 were added to the Grouped Items. CONSENT AGENDA (Items 1- 5) 1. RESOLUTION NO. 13,091; Z -8470: To set March 16, 2010, as the date of hearing on the denial to allow rezoning of the commercial portion of the property located at 3825 West 98th Street to PCD to recognize the existing auto repair business on the property; in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 3 ayes; 6 nays; 0 absent and 2 open positions. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial to allow rezoning of the commercial portion of the property to PCD to recognize the existing auto repair business on the property. 2. RESOLUTION NO. 13,092; G -24 -025: To set March 16, 2010, as the date of hearing on the petition to abandon portions of the easements retained in the former rights - of -way of West 13th Street and State Street within the campus of Philander Smith College, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: Philander Smith College is requesting the abandonment of portions of the easements retained in the former right -of -ways of West 13`h Street and State Street within the college campus to allow for the construction of new student housing. 3. RESOLUTION NO. 13,093; G -25 -206: To change the name of that portion of Commerce Street, from President Clinton Avenue to Capitol Avenue, to River Market Avenue; and for other purposes. Planning Commission: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: The Downtown Little Rock Partnership and abutting property owners are requesting that the name of that portion of Commerce Street located from President Clinton Avenue to Capitol Avenue be changed to River Market Avenue. 4. RESOLUTION NO. 13,094: To accept title to property donated to the City of Little Rock by warranty deed, to be used for neighborhood revitalization programs; and for other purposes. Staff recommends approval. Synopsis: Mr. Roy Taylor, the owner of 2209 West 101h Street, has offered to donate the property to the City of Little Rock for its use in the neighborhood revitalization effort. As consideration, the City will pay the delinquent real estate taxes on the property for the years 2006, 2007 and 2008 in the amounts of $266.69, $250.51 and $204.39. Mr. Taylor will provide the City with a warranty deed to the property. A Phase 1 environmental assessment has been completed on the property and no problems were discovered. 5. RESOLUTION NO. 13,095: To award a contract for architectural services to the firm of Jackson Brown King Architects for work on the new Fire Station at 4500 Rahling Road to authorize the City Manager to execute a contract with the firm; and for other purposes. Staff recommends approval. W Little Rock Board of Directors Meeting March 2, 2010 6:00 PM Synopsis: The Little Rock Fire Department is requesting approval to authorize the City Manager to enter into a contract with Jackson Brown King Architects for architectural services to build an 8,000 square foot fire station on the property located at 4500 Rahling Road. Director Adcock made the motion, seconded by Director Cazort, to approve the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was approved. CITIZEN'S COMMUNICATION Luke Skrable, 9602 Woodford Drive: Spoke about preferential treatment that he felt was being practiced in Environmental Court. Carl Hines, 1508 East 38th Street: Stated that he was a part-time employee at War Memorial Park and was encouraged by the improvements being made at the park. Mark Ross, 301 Ridgeway Drive: Stated that he was supportive of the improvements being made at War Memorial Park; however, he would have liked for the War Memorial Golf Association to have been included in the plans for the changes at the golf course. Dan Hill, 1107 North Fillmore Street: Wanted to voice his concern regarding the placement of the playground in the redesign of the War Memorial Park. James Thompson, 7700 Apache Road: Stated that he supported the improvements to War Memorial Park; however, he disagreed with the physical changes being made to the historic course. George Irvin, 507 Deerbrook Road: Requested that the Board issue a moratorium on further work at the golf course until a hearing could be held. Craig Berry, 480 Ridgeway Drive: Encouraged the City to move forward with the redevelopment of War Memorial Park. Catherine Cockrill, 50 River Ridge Road: Commended the staff of the Parks & Recreation Department for their dedication in keeping the parks updated and urged the Board to remember that War Memorial Park was for everyone, not just the special interest groups. Bill Cobb: Stated that he was the Chair of the Parks Commission, and that the changes being made at War Memorial Park would benefit everyone. GROUPED ITEMS (Items 6 — 9; Item 15; and Item 17) 6. ORDINANCE NO. 20,223: To repeal Chapter 36, Article V, Division 13, Section 36- 434.10. through Section 36- 434.16, known as Hillcrest Design Overlay District; to adopt new language for Chapter 36, Article V, Division 8, Section 36- 434.10. through Section 36- 434.16, to be known as the Hillcrest Design Overlay District; and for other purposes. Planning Commission: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: To revise the Hillcrest Design Overlay District. 3 Little Rock Board of Directors Meeting March 2, 2010 6:00 PM 7. ORDINANCE NO. 20;224; Z- 6646 -A: To reclassify property located at the southwest corner of East 15t and Boyce Streets 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: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: The owner of the 0.83 acre property located at the southwest corner of East 15`" and Boyce Streets is requesting that the zoning be reclassified from 0-3 and I -2 to I -3. 8. ORDINANCE NO. 20,225; Z- 7008 -B: To approve a Planned Zoning Development and establishing a Planned Office District titled Kanis Office Park Short-Form POD, located at 18425 Kanis Road, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: I i ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: The request is to revise the previously approved POD by expanding the site to the west to include proposed Lot 3 containing 0.45 acres. The approval will allow for development of office uses on Lots 1 and 3. Lot 2 will remain zoned R -2, Single- Family. 9. ORDINANCE NO. 20,226: To condemn certain structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; to declare an emergency; and for other purposes. Synopsis: One (1) residential structure in dilapidated and /or burned condition is causing a negative environmental impact on the residential neighborhood where the structure is located. 15. ORDINANCE NO. 20,229; Z -8508: To reclassify property located at 11812 Vimy Ridge 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: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: The owner of the 1.34 acre property located at 11812 Vimy Ridge Road is requesting that the zoning be reclassified from R -2 to I -2. 17. ORDINANCE NO. 20,230; Z -8517: To reclassify property located at 11125 Interstate 30 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: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: The owner of the six (6) -acre property located at 11125 Interstate 30 is requesting that the zoning be reclassified from R -2 to I -2. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. By unanimous voice vote of the Board Members present, the ordinances were approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 9 was approved. rd Little Rock Board o Directors Meeting March 2, 2010 6:00 PM SEPARATE ITEMS (Items 12; 14; 18; 19; and 20) 12. ORDINAN E NO. 20 227• Z- 7604 -A: To approve a Planned Zoning Development and establish a Planned Residential District titled Homes at Granite Mountain Phase II Long -Form PD- It-, located on the northeast corner of Gilliam Park Road and Granite Mountain Circle, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Ark sas; and for other purposes. (Deferred from February 16, 2010) Planning Commission: 9 ayes • 2 nays and 0 absent. Staff recommends approval. Synopsis: The applicant is proposing to re- establish the previously approved PD -R and allow a modification to the previously approved site plan allowing for the development of the site with forty (40) units of elderly housing. The ordinance w s read the first time. Director Adcock made the motion, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was red a second time. Director Adcock made the motion, seconded by Vice Mayor Fortson, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By unanimous voice vote of the Board Members present, the ordi ance was approved. 14. ORDINANCE NO. 20,228; Z -8514: To approve a Planned Zoning Development and establish a Planned Residential District titled Little Rock Housing Authority Park Addition Short-Form PD -R, located on the southeast corner of 12th and Park Streets, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Deferred from February 16, 2010) Planning Commission: 9 ayes; 0 nays and 2 absent. Staff recommends approval. Synopsis: The Little Rock Housing Authority is proposing a rezoning of the site from R -3, Single - Family to PD -R to allow the development of five (5) residential unites (two (2) duplexes and one (1) single - family reside ce) on four (4) previously platted lots. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was red a second time. Director Richardson made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Shelley Ehenger, Executive Director of the Little Rock Housing Authority, made a presentation to the Board regarding the types of homes that would be built on the site. Director Richards Dn commended Ms. Ehenger for the work that the Little Rock Housing Authority had been accomplishing in the area. By unanimous voi vote of the Board Members present, the ordinance was approved. Z Little Rock Board 0 Directors Meeting March 2, 2010 6:00 PM Mayor Stodola sated that he had overlooked the fact that two (2) cards had been turned in to speak agaiiist Item 14 and asked for a motion to expunge the vote. Director Adcock made the motion, seconded by Director Cazort, to expunge the vote for Item 14. By unanimous voice vote of the Board Members present, the vote for Item 14 was expunged. Gary Iverson 2029 West 16 "' Street: Stated that for the past twelve (12) years, he had invested his time and resources into redeveloping properties within the Central High School Neighborhood and he didn't feel like the proposed homes would complement the area. Robert Jones 1123 South Park Street: Stated that he represented the Capitol Hill Neighborhood A sociation and that they were opposed to the development. Mr. Jones stated that it was his understanding that property owners within a 200 -foot radius must receive notification; however, he did not receive any type of notification. Tony Bozynski, Planning & Development Department Director, stated that for the Planned Zoning Development, the applicant was responsible for notifying all the property owners within a 200 -foot radius of the site. Mr. Bozynski stated that an abstract company was utilized to obtain the list of property owners. Once the applicant had provided sta with the list and the receipts for the certified mail, staff verified that the names on the receipts matched the names on the list, which was provided by the abstract company. Once the property was posted with a notice, staff identified all the neighborhood associations located within proximity to the area. Mr. Bozynski reported that in this instan e, notice was sent to the Central High Neighborhood Association and the Capitol Hill Neighborhood Association. Mr. Bozynski stated that he had a copy of the certified letter receipt that was sent to the Capitol Hill Neighborhood Association on December 9, 2009. In addition, Mr. Bozynski stated that a copy of the Planning Commission Hearing Notification was sent to Mr. Jones. Mr. Bozynski reported that staff, in addition o the initial notification process, utilized the GIS System to notify all residences within a 300 -foot radius of the property in question. Ms. Ehenger st ed that the Housing Authority double- checked with the abstract company regarding Mr. Jones' address and his address was not located within 200 feet of the property. By roll call vote of the Board Members present, the votes were as follows: Ayes: Richardson; Hurst- Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; Hendrix; and Vice Mayor Forts- By a vote of 10 ayes and 0 nays, the ordinance was approved. 18. ORDIN2 to increase by Land Bank Co To amend Little Rock, Arkansas, Revised Code § 2- 330.41 (1988) members selected from Ward 1 and Ward 2, the membership of the ;sion; and for other purposes. Staffrecommends approval. G Little Rock Board 0 Directors Meeting March 2, 2010 6:00 PM Mayor Stodola 'ndicated that he had received correspondence from the Land Bank Commission Ch it stating that the Commission would like to review the ordinance at their next meeting on March 17, 2009. Director Kump is made the motion, seconded by Director Adcock, to table the ordinance until April 6, 2010. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hurst; Cazort; Keck; Wyrick; Kumpuris; Adcock; and Vice Mayor Fortson. Nays: Richardson; Wright; and Hendrix. By a vote of 7 ayes and 3 nays, the ordinance was tabled until April 6, 2010. Director Kumpur s made the motion, seconded by Director Richardson, for the Board to take a fifteen (1) minutes recess. By unanimous voice vote of the Board Members present, the Board took a fifteen (15) minute recess. 19. ORDINANCE NO. 20,231: To amend Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for various procedures and land use regulations regarding parking of motor vehicles in front yards or corner side yards of residential properties; and for other purposes. Planning Commission: 9 ayes; 0 nays; 2 absent. Staff recommends ap roval. (Third Reading) (I "' reading held on February 2, 2010, 2nd reading held on February 16, 2010) Synopsis: The Planning Commission is forwarding to the Board of Directors an ordinance amendment which would establish procedures and criteria regulating the parking of motor vehicles in the front yard and street corner side yards of residential properties. Director Cazort ade the motion, seconded by Director Hendrix, to limit the time of debate to fifteen (15) minutes for each side regarding Item 19. By voice vote of the Board Members present, with Director Adcock voting in opposition, each side was limited to fifteen (15) minutes for discussion. Director Richardson made the motion, seconded by Director Hendrix, that the ordinance would not apply t streets that were less than twenty -six (26) feet in width. Director Adcock some of the narr that she didn't I individuals. Director Wyrick streets that were Director Kump Director Richar capabilities or a would be on the I that there were individuals present in the audience that lived on streets and they supported the ordinance. Director Adcock stated it was fair to amend the ordinance without hearing from those -d that she was not in support of amending the ordinance to include than twenty -six (26) feet in width. asked what the reasoning was behind the proposed amendment. stated that there were a number of streets that didn't have driveway gay accessibility, and the only place that those individuals could park �t or in the yard. 7 Little Rock Board o Directors Meeting March 2, 2010 6:00 PM City Attorney T in Carpenter stated that there was a section in the ordinance that would allow individua s the opportunity to request a variance from the Planning and Development De artment. Director Richard on stated based on the fact that staff would take variance requests into consideration, he would withdraw his motion for amendment to the ordinance. Director Hendrix stated th t she would withdraw her second of the motion. Director Wyrick asked how a renter would be handled if the owner of the property did not install a parking pad in the yard. City Attorney Carpenter stated that if the owner did not provide a driveway or parking pad, the City would issue a citation to the owner; however, if a driveway or parking pad were provided and the renter did not utilize the space and continued to park in the yard, the renter would be issued a citation. iD Brewster variance process Love Neighborh( Tashan O'Neal. Little Rock was from most of the phase. 208 Brown Street: Voiced his opposition to the ordinance. st 35th Street: Voiced his opposition to the ordinance. 9 South Martin Street: Requested written information regarding the ) that he could distribute the information to the individuals within the i Association and the Stephens Neighborhood Association. 10 Capella Drive: Stated that a majority of the property in Southwest ital property and she didn't think the City would get any cooperation Stated that the ordinance did not include a penalty City Attorney Ca enter stated that the ordinance included the general penalty provision of Section 1 -9, Which was a penalty provision that applied to all ordinances and provided for a fine up to $1,000, which could be imposed by the Judge. Board to vote in Pat Gee, 8409 Dc Barbra Sparks, 5! Nan Howard, 3 voiced her suppo. Annie Robinson, Annie Abrams, ordinance. Rhonda Ross, 25 The ordinance w, Director Adcock City Manager Mc passed, the Cit, Voiced his support of the ordinance and urged the vor of the ordinance. van Drive: Voiced her support of the ordinance. 9 Willow Springs: Voiced her support of the ordinance. [ogan Drive: Thanked the Board for considering the ordinance and for the ordinance. Allyson Circle: Voiced her support of the ordinance. 925 Wolfe Street: Stated that she was both for and against the Voiced her support of the ordinance. read a third time. ked why there was not an emergency clause included in the ordinance. re stated that he thought it was important that once the ordinance was would have the time to distribute the information out to the 8 Little Rock Board of Directors Meeting March 2, 2010 6:00 PM neighborhood as I ociations to educate the citizens. Mr. Moore stated that the ordinance included an anticipated implementation date of August 1, 2010. Director Adcock made the motion, seconded by Director Wright, for the implementation date of the ordinance to be May 15, 2010. City Manager M ore stated that he would like to give staff at least ninety (90) days to prepare for the i plementation of the ordinance and stated that he would like to see June 1, 2010, as the i plementation date. Director Adcock stated that she would like to change the date of implementation in her previous motion to June 1, 2010. Director Wright stated that she would like to apply the change in date to her second of the previous motion. By voice vote of the Board Members present with Director Hendrix voting in opposition, the implementation date of the ordinance was changed to June 1, 2010. By roll call vote of the Board Members present, the votes were as follows: Ayes: Richardson; Hurst; Cazort; Wright; Wyrick; Kumpuris; Adcock; and Vice Mayor Fortson. Present: Hendrix. Absent: Keck. By a vote of 8 ayes; 1 present and 1 absent, the ordinance wits approved as amended. 20. RESOLU' approval of app: part of the Zonii Synopsis: This re whether currently is essentially a play Director Adcc resolution. By approved. Director Kum meeting. By adjourned. [ON NO. 13,096: To declare a six (6) -month moratorium on the cations for a special events center while the City defines such uses as a Ordinances; and for other purposes. Staff recommends approval. lution creates a six (6) -month moratorium on the approval of any application, i the planning process or not, for a special events center. A special events center that can be used by an individual or entity to host parties or receptions. made the motion, seconded by Director Cazort, to approve the nimous voice vote of the Board Members present, the resolution was is made the motion, seconded by Vice Mayor Fortson, to adjourn the inimous voice vote of the Board Members present, the meeting was Clerk E APPROVED: Mark Stodola, Mayor