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HomeMy WebLinkAbout09-17-13 Little Rock Board of Directors Meeting September 17, 2013 6:00 PM Little Rock Board of Directors Meeting September 17, 2013 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; Hines; Wyrick; Kumpuris: Fortson; Adcock; Vice-Mayor Wright and Mayor Stodola. Directors absent: Hurst and Cazort. Vice-Mayor Doris Wright delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Oakland & Fraternal Historic Cemetery Park Board Presentation MODIFICATIONS M-1 RESOLUTION: To confirm the reappointment of Marla Johnson Norris and Gary Parrish to the City of Little Rock, Arkansas (Heifer Project International) Public Facilities Board; and for other purposes. Staff recommends approval. M-2 ORDINANCE: To establish the Center Street Multi-Purpose Municipal Improvement District No. 2013-315 of the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. Staff recommends approval. Director Hines made the motion, seconded by Director Fortson, to add Item M-1 to the Consent Agenda and Item M-2 to the Grouped Items. Vice-Mayor Wright asked if Item M-2 was approved, would that give the Improvement District the ability to condemn property and take it. City Attorney Tom Carpenter stated that all Improvement Districts had the authority to condemn property if it was for a public purpose and use and a fair market value. Director Fortson asked if the item was not considered at that meeting, what type of problems would be created due to the fact that the date for action on the item had already been published. City Attorney Carpenter stated that the notice would simply need to be republished with a different date. Director Fortson stated that he had several questions that he would like answered and did not feel comfortable adding the item to the agenda and would like to withdraw his second of the motion to add Item M-1 to the Consent Agenda and Item M-2 to the Grouped Items. Director Fortson made the motion, seconded by Director Adcock, to add Item M-1 to the Consent Agenda. By unanimous voice vote of the Board Members present, Item M-1 was added to the Consent Agenda. 1 Little Rock Board of Directors Meeting September 17, 2013 6:00 PM CONSENT AGENDA (Items 1 — 5 and Item M-1) 1. RESOLUTION NO. 13,772; G-23-438: To set October 15, 2013, as the date of public hearing to abandon the undeveloped portion of the Rose Street right-of-way, located between North Lookout Road and Kenyon Street between 4301 and 4225 North Lookout Road, in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. 2. RESOLUTION NO. 13,773; G-24-042: To set October 1, 2013, as the date of public hearing to abandon a twenty (20)-foot wide easement located within the previously- abandoned north/south alley in the block bounded by Capitol Avenue, East 4th Street, River Market Avenue and Rock Street, in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. 3. RESOLUTION NO. 13,774: To certify various liens to the Pulaski County Treasurer's Office for inclusion in the appropriate annual tax bill; and for other purposes. Staff recommends approval. Synopsis: On occasion the City attaches liens for work it performs on private property. This lien information must then be compiled and sent to the Pulaski County Treasurer's office for inclusion in the annual Owner's tax bill. This is an effort to recoup some of the costs for that work which the City performs. The City is seeking to certify twenty(20) liens for a total amount of$55,133.00. 4. RESOLUTION NO. 13,775: In support of the City of Little Rock's Application for the Metroplan Jump Start Grant Program; and for other purposes. Staff recommends approval. Synopsis: A resolution supporting the City of Little Rock's application for the Metroplan Jump Start Grant Program, which will provide planning guidance and support for development, redevelopment and economic development of older areas within a City's boundaries. 5. RESOLUTION NO. 13.776: To authorize the purchase of a property offered for sale to the City of Little Rock, Arkansas, to be used for the Wright Avenue Alert Center; and for other purposes. Staff recommends approval. Synopsis: Staff has identified a parcel of property which is being offered for sale that will act as the Wright Avenue Neighborhood Alert Center. Property Details: The parcel is 6,098 square-feet and contains a structure which will be rehabilitated. M-1 RESOLUTION NO. 13.777: To confirm the reappointment of Marla Johnson Norris and Gary Parrish to the City of Little Rock, Arkansas (Heifer Project International) Public Facilities Board; and for other purposes. Staff recommends approval. Director Adcock made the motion, seconded by Director Richardson, to approve the Consent Agenda. By voice vote of the Board Members present, with Director Adcock and Vice-Mayor Wright voting in opposition on Item 4, the Consent Agenda was approved. GROUPED ITEMS (Items 6 — 11 and Item 13 - 16): Mayor Stodola stated that he had received a card from an individual that wanted to speak in regards to Item 12 and asked that it be read separately. 2 Little Rock Board of Directors Meeting September 17, 2013 6:00 PM 6. ORDINANCE NO. 20,787: To amend Chapter 8 of the 1988 Little Rock Code of Ordinances and Ordinance No. 19,638, providing for the adoption by reference of the 2012 International Existing Building Code; and for other purposes. Staff recommends approval. Synopsis: Currently, the City of Little Rock is utilizing the 2006 International Existing Building Code as a tool to address renovations for existing commercial buildings. Approval of the ordinance adopts the 2012 International Existing Building Code, the most current version. 7. ORDINANCE NO. 20,788: To condemn certain structures in the City of Little Rock, Arkansas, as structural, fire and health hazards; providing for summary abatement procedures; directing the City Manager to take such action as is necessary to raze and remove said structures; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: The two (2) commercial structures located at 2019 Rock Street and 2223 Wright Avenue have become run-down, dilapidated, unsightly, dangerous and detrimental to the public welfare of the citizens of the City of Little Rock. City Manager Bruce Moore stated that he had been made aware of a notice issue regarding the property located at 2019 Rock Street and asked that the address be removed from the Condemnation Ordinance. Director Adcock made the motion, seconded by Director Hines, to amend the ordinance and remove the property at 2019 Rock Street. By unanimous voice vote of the Board Members present, the ordinance was amended. 8. ORDINANCE NO. 20,789; Z-2582-A: To approve a Planned Zoning Development and establish a Planned Residential District titled Out in the Woods Apartments Long- Form PD-R, located at 9201 Kanis Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays;and 3 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning for this site from MF-18, Multi-Family District, to PD-R, Planned Development— Residential, to recognize the existing multi-family development at the density presently constructed. 9. ORDINANCE NO. 20,790; Z-4411-M: To approve a Planned Zoning Development and establish a Planned Commercial District titled Pleasant Ridge Towne Center Revised Long-Form PCD, located at 11525 Cantrell Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission:8 ayes; 0 nays;and 3 absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the PCD, Planned Commercial District, zoning to allow the placement of building signage on the eastern and the southern fagades of the building. 10. ORDINANCE NO. 20,791; Z-5703-D: To approve a Planned Zoning Development and establish a Planned Commercial District titled Lot 3 Colonel Glenn Business Center Short-Form PD-C, located on the southeast corner of Colonel Glenn Road and Shackelford Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; and 3 absent. Staff recommends approval. Synopsis: The request is allow the development of unrecorded Lot 3 with one (1) building that will contain an outdoor display area, a retail parts department, repair shop and offices for an equipment rental business. 3 Little Rock Board of Directors Meeting September 17, 2013 6:00 PM 11. ORDINANCE NO. 20,792; Z-5845-B: To repeal Ordinance No. 17,085 titled Reservoir Flat Addition Short-Form PD-R and revoke a Planned Zoning District; and for other purposes. Planning Commission:8 ayes; 0 nays;and 3 absent. Staff recommends approval. Synopsis: The request is a revocation of the existing PD-R, Planned Development — Residential, zoning and the restoration of the underlying R-5, Urban Residence, Zoning District. 13. ORDINANCE NO. 20,793: Z-7875-D: To approve a Planned Zoning Development and establish a Planned Office District titled Taylor Park Lot 57A — 57C Revised Long- Form POD, located on the southwest corner of Kanis Road and Taylor Park Boulevard, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; and 3 absent. Staff recommends approval. Synopsis: The request is to revise the previously-approved POD, Planned Office Development, to allow for the construction of three (3)single-family homes on this previously-platted lot proposed for development with two(2)office buildings. 14. ORDINANCE NO. 20,794; Z-8157-E: To reclassify property located 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; and 1 absent. Staff recommends approval. Synopsis: The owners of approximately forty (40) acres of property located north of the Clinton National Airport, north and south of East 9th Street, are requesting that the zoning be reclassified from R-2, Single-Family, R-3, Single-Family, and C-3, General Commercial, to 1-2, Light Industrial. 15. ORDINANCE NO. 20,795; Z-8157-F: To reclassify property located 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; and 1 absent. Staff recommends approval. Synopsis: The owners of approximately 16.7 acres of property located northwest of the Clinton National Airport, south of East 6'h Street, between Harrington and Apperson Streets, are requesting that the zoning be reclassified from R-3, Single-Family, R-4, Two-Family, and C-3, General Commercial,to 1-2, Light Industrial. 16. ORDINANCE NO. 20,796; Z-8879: To approve a Planned Zoning Development and establish a Planned Residential District titled Epperson Short-Form PD-R, located at 321 North Spruce Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; and 3 absent. Staff recommends approval. Synopsis: The request is a rezoning from R-3, Single-Family, to PD-R, Planned Development — Residential, to allow for the reconstruction of an existing garage structure located on the site, the addition of an accessory dwelling and the construction a single car carport within the rear-yard of the site. The property is located within the Hillcrest Design Overlay District which has specific development criteria. The ordinances were read a first time. Director Adcock made the motion, seconded by Director Wyrick, 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 7 was approved. 4 Little Rock Board of Directors Meeting September 17,2013 6:00 PM 12. ORDINANCE: To approve a Planned Zoning Development and establish a Planned Commercial District titled Kinnaman Short-Form PD-C, located on the southeast corner of Chenal Parkway and Wellington Hills Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission:8 ayes;0 nays;and 3 absent. Staff recommends approval. Synopsis: The request is a rezoning of a portion of this existing parcel from C-3, General Commercial District, to PD-C, Planned Development — Commercial, to allow for the use of the existing paved area for boat and RV storage. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Richardson, 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 read a second time. Director Adcock made the motion, seconded by Director Richardson, 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. Jack Kinnaman: Stated that he was the owner of the property in question and showed a series of slides that depicted the location of the property. Director Adcock asked if there would be security on-site. Mr. Kinnaman responded that there would not be security on-site; however, the property would be monitored on a daily basis. Mr. Kinnaman stated that there would be an access gate at the entrance to the property, which would require a passcode to unlock. Mr. Kinnaman stated that the long- term plan for the property was for another commercial use; therefore, the use of the property for boat and RV storage would only be temporary. Mr. Kinnaman stated that the original use of the property was for his own construction company; however, he had moved the business in 2003 and Bale Honda had utilized the property for five (5) years for the storage of automobiles. Graham Smith. 34 Orle Circle: Stated that he was the owner of Chenal Storage Center, which was located across Kanis Road from the site in question. Mr. Smith stated that the business had been operational for six (6) months and that when the application was approved, they were required to erect screening and fencing, make improvements to Kanis Road and address security measures. Mr. Smith stated that Mr. Kinnaman's application had been presented as a temporary use and that a four (4)-year request for deferral on a temporary use did not make sense. Mr. Smith stated that it appeared that the applicant was trying to circumvent the requirements of the City for self-storage facilities. Mr. Smith stated that when Bale Honda utilized the property, Wellington Hills Road had not been constructed; therefore, the trees served as a natural barrier to hide the vehicles. Mr. Smith asked that the applicant be held to the same requirements that the other businesses in the area had to meet. Director Adcock asked why staff was recommending approval. Planning & Development Department Director Tony Bozynski stated that originally the applicant had requested a four (4)-year deferral on the screening and that staff felt that four(4) years was too much time; however, they recommended a two (2)-year deferral. Mr. Bozynski stated that the area was a fairly intense, non-residential zoning area with a mix of office and C-3 and C- 4 commercial zoning. Mr. Bozynski stated that staff felt that it was a reasonable use of 5 Little Rock Board of Directors Meeting September 17, 2013 6:00 PM the property based on the surrounding uses in the area the fact that the history of the site was for the same use. Mayor Stodola asked when the original deferral was granted. Mr. Bozynski stated that based on the written information, it appeared that the original deferral was granted at the time that the PCD, Planned Commercial Development, for the vehicle storage in 2005 took place. Vice-Mayor Wright asked if the deferral had expired. Mr. Bozynski stated that five (5) years had passed and that the deferral had expired. Mr. Kinnaman stated that when the change was made to allow Bale Honda to utilize the property, they had paid for the construction of half of Wellington Hills Road from Chenal Parkway to Kanis Road and had a paid a portion of the cost to construct the intersection at Wellington Hills Road and Chenal Parkway. In addition, Mr. Kinnaman stated that they had dedicated thirty (30) feet of their property on Kanis Road for the purpose of widening. Mr. Kinnaman stated that it was his understanding that in the future, when he developed the property, he would pay to make improvements on the portion of Kanis Road that abutted the property. Director Kumpuris asked what would happen if the application was approved and within two (2) years, the storage facility was moved. Mr. Bozynski stated that staff would ask the Board to revoke the PCD and restore the property to the C-3, General Commercial, zoning. Director Kumpuris made the motion, seconded by Director Adcock, to refer the item back to the Planning Commission. By roll call vote, the vote was as follows: Ayes: Hines; Kumpuris; Fortson; Adcock; and Vice-Mayor Wright. Nays: Hendrix; Richardson; and Wyrick. Absent: Hurst and Cazort. By a vote of five (5) ayes, three (3) nays and two (2) absent, the motion failed. Director Hines that if the screening were improved along Wellington Hills Road, he would be supportive of the application. Director Fortson made the motion, seconded by Director Hines, to table the item until the October 15, 2013, Board of Directors Meeting. By roll call vote, the vote was as follows: Ayes: Hines; Kumpuris; Fortson; Adcock; and Vice-Mayor Wright. Nays: Hendrix; Richardson; and Wyrick. Absent: Hurst and Cazort. By a vote of five (5) ayes, three (3) nays and two (2) absent, the motion failed. City Manager Bruce Moore stated that as a result of the questions asked, he would like to recommend that the item be deferred to give staff additional time to review the deferrals. Director Fortson made the motion, seconded by Director Kumpuris, to defer the item to the October 15, 2013, Board of Directors Meeting. By unanimous voice vote of the Board Members present, the motion passed. PUBLIC HEARINGS (Items 17 - 19) 6 Little Rock Board of Directors Meeting September 17, 2013 6:00 PM 17. ORDINANCE NO. 20,797; G-23-439: To abandon twenty-four (24) street and alley rights-of-way located north of the Clinton National Airport, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The Little Rock Municipal Airport Commission proposes to abandon twenty-four (24) street and alley rights-of-way located north of the Clinton National Airport, along the north and south sides of East 9th Street. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Richardson, 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 read a second time. Director Adcock made the motion, seconded by Director Richardson, 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. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. 18. ORDINANCE NO. 20,798; G-23-440: To abandon seventeen (17) street and alley rights-of-way located northwest of the Clinton National Airport, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The Little Rock Municipal Airport Commission proposes to abandon seventeen (17)street and alley rights-of-way located northwest of the Clinton National Airport, generally located south of East 6th Street and east of Apperson Street. The ordinance was read a first time. Director Adcock made the motion, seconded by Vice-Mayor Wright, 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 read a second time. Director Adcock made the motion, seconded by Director Richardson, 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. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. 19. ORDINANCE NO. 20.799: G-24-041: To abandon a fifteen (15)-foot wide easement, located along the rear (north) property line of Lot 2, Block 42, Chenal Valley Addition, in the City of Little Rock, Arkansas; less and except the east five (5) feet thereof; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. 7 Little Rock Board of Directors Meeting September 17, 2013 6:00 PM Synopsis: The owners of the single-family residential property located at 17204 LaMarche Boulevard are requesting that a portion of a fifteen (15)-foot easement located along the rear of their property be abandoned. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Richardson, 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 read a second time. Director Adcock made the motion, seconded by Director Richardson, 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. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. CITIZEN'S COMMUNICATION Jessie Vernon, Ill: Wrong House Demolished Dr. Anika Whitfield: Little Rock Tech Park Robert Webb: Tech Park Greg Deckelman: Public Assembly Notice Grea Deckelman: Regnat Populus Grea Deckelman: Free and Equal Elections Director Kumpuris made the motion, seconded by Director Fortson, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATTES • APPROV 1, •�• t4 u-•n .n ley, City Clerk Mark todo` Mayor 8