Board of Directors

MINUTES BOARD OF DIRECTORS MEETING NOVEMBER 23, 2010, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, November 23, 2010, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Drew Terry, and Pledge of Allegiance to the Flag was led by Mayor Bush. Mayor Bush called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones, Cynthia Keheley, Pat McCabe, Rick Ramick, Tom Daniel, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Keheley, duly seconded by Director Daniel, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of November 9, 2010 Board Meeting A motion was made by Director Ramick, duly seconded by Director Maruthur, that the minutes of the November 9, 2010 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests City Manager Lance Hudnell recognized Mayor-Elect Ruth Carney, Director-Elect Karen Garcia, and welcoming back to the Board Director Pat McCabe and Director Elaine Jones. 5 Board of Directors Announcements Director Daniel reported that the chili cook-off was held at 4 p.m. today, and there were about 25 cookers and served about 200 gallons of chili. Also there was the Christmas lighting in the downtown area. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Committee Report (November 9, 2010). 7 Proposed Resolution No. R-10-238 Approving Certain Bid Awards Pursuant to Ordinance No. 5387 (Purchasing Ordinance) - (a) Property Cutting and Clearing - Planning and Zoning [annual supply contract awarded to Tru Cut Lawn and Maintenance]. 8 Proposed Resolution No. R–10-239 Awarding a Contract and Bid Award to Terracon Consultants, Inc. to Conduct a Wildlife Hazard Assessment of the Airport. 9 Proposed Resolution No. R-10-240 Amending Resolution No. 6494, as Amended by Resolution No. 7368 (Approving Certain Revisions to Municipal Airport Property Management Policy), by Adopting a New Appendix “K” (Airport Property Rates). 10 Proposed Resolution No. R-10-241 Awarding a Contract to Delta Airport Consultants for Engineering Services for Taxiway Signage. 11 Proposed Resolution No. R-10-242 Extending an Agreement with Creative Outdoor Advertising of America for the Placement of Public Benches Bearing Advertising Within the City for 2011. Board of Directors Meeting 2 November 23, 2010 at 7:00 P.M. 12 Proposed Resolution No. R-10-243 Certifying Local Government Endorsement of Business to Participate in the Tax Back Program (as Authorized by Section 15-4-2706(d) of the Consolidated Incentive Act of 2003) [Baxley Equipment Company]. 13 Proposed Resolution No. R-10-244 Certifying Local Government Endorsement of Business to Participate in the Tax Back Program (as Authorized by Section 15-4-2706(d) of the Consolidated Incentive Act of 2003) [Price Log Pro]. A motion was made by Director Jones, duly seconded by Director Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 14 Proposed Ordinance No. O-10-50 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING LOT 1 IN BLOCK 3 OF INDIANDALE SUBDIVISION FROM R-2, SUBURBAN RESIDENTIAL DISTRICT, TO C-TR, COMMERCIAL TRANSITIONAL, AND AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING THE PROPERTY OFFICE CENTER; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Ramick, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” Board of Directors Meeting 3 November 23, 2010 at 7:00 P.M. and upon motion of Director Jones, duly seconded by Director Keheley, that the ordinance be passed as read. Upon discussion, Mr. Jeff Griffin, Assistant Planner, advised that on October 14, 2010, the Planning Commission considered a rezoning request from property owners James and Sue Graham seeking C-TR, Commercial Transitional zoning for three lots in the Indiandale Subdivision, Block 1, Lots 2 and 3, including 101 Shawnee (an existing single-family residence) and also Block 3, Lot 1, which is a vacant lot. After a public hearing, the Planning Commission voted to not recommend that the Board adopt an ordinance amending the zoning map by separate vote (one for 101 Shawnee and another one for the vacant lot). The Planning Commission found a negative impact on adjacent single-family residential neighborhood and failure to comply with Hot Springs Code §16-2-11 and §16-2-29. He stated the applicant has appealed the Planning Commission’s decision for the vacant lot only, which is Block 3, Lot 1, immediately north of the Boy Scout Building at the southeast corner of Malvern Avenue and Shawnee. He noted the parcel is currently zoned R-2, Suburban Residential. He advised that Notice of Appeal was provided per Hot Springs Code by mailing a notice to all property owners within 200 feet, by posting the public hearing in The Sentinel-Record, and by posting the property with a suitable and pertinent sign. He said in the appeal document, the appellant accurately details the events of the Planning Commission and stated that the Planning Commission failed to follow logic in the findings contained in staff recommendation, and much of the land in the vicinity facing Malvern Avenue is presently used for commercial purposes. He pointed out Hot Springs Code has no requirement that the Planning Commission abide by any recommendation made by staff, and the Code requires that the Planning Commission conduct a public hearing for all rezonings for the purpose of soliciting new information. He said the record demonstrates that the Planning Commission made a finding of fact that the proposed rezoning would not be consistent with this reasoning because all traffic to and from the subject property will intrude and disestablish a family residential neighborhood. The record demonstrates that the Planning Commission’s decision in this case upholds and protects the health, safety and welfare and morals of the community because public testimony revealed the intrusion of additional nonresidential vehicular traffic would threaten the existing neighborhood and not provide protection. Therefore, the appeal failed to demonstrate that the Planning Commission erred in its finding to deny recommending approval of the zoning change. He commented the Planning Commission stated findings were directly related to a stated objective of the Zoning Code. Therefore, the recommendation is to not adopt an ordinance rezoning Lot 1, Block 3, of the Indiandale Subdivision from R-2, Suburban Residential, to C-TR Board of Directors Meeting 4 November 23, 2010 at 7:00 P.M. Commercial Transitional, because the standards for such a change are unmet; and the Planning Commission made a specific finding in accordance with Hot Springs Code. Mr. James Graham, 101 Shawnee Road, stated he and his wife, Sue, are trustees of the Graham Family Trust; and his family has owned this property for over 40 years. He commented the lot they are trying to rezone is presently unsuitable for residential purposes because the highway was widened, and the City has allowed commercial development along this stretch of Malvern Road. He said that Attorney Ray Owen will be speaking for the family. Attorney Ray Owen, Jr., 209 Hobson, said that he is representing James and Sue Graham in their endeavor to cause Lot 1, Block 3, of Indiandale Subdivision to be rezoned to Commercial Transitional. He said the City Planning staff originally recommended changing this to C-TR, and the Planning Commission reversed that decision on a 6 to 2 vote. He stated this rezoning would be consistent with actions taken by the City during the past 35 years to protect the health, safety, welfare, and morals of the community in amending the zoning map by some of the following actions: Mid-South Engineering zoning change from Residential to PD in 1974; a dental office; dermatology clinic; CPA office; and orthodontic clinic; immediately south of that area is the new Gastroenterology Clinic; a new National Park Pharmacy to be constructed; new Family Medicine Clinic to be constructed; the National Park Medical Center; the Hot Springs Country Club; Dr. Porter’s office and two other dentists (Dr. Gaston and Dr. Baldwin); a CPA office; US Bank; a large cluster of offices where the Family Medicine Clinic is now; Dr. Herrold’s Office; a vacant lot that is for sale which is marked commercial; the Boy Scout Building; Autumnridge Garden Homes; Bank of the Ozarks; and an additional number of professional offices. He pointed out that a majority of the owners of property in that portion of Indiandale Subdivision closest to the subject parcel signed petitions three years ago to remove the residential restrictions from this lot. He said Mr. Eugene Cook, immediately east of the property on Chippawa Court, has sent a letter providing his approval of the rezoning, and he is the one most directly affected across the street. He explained the Bill of Assurance Amendments specifically provide that the lot shall be available for commercial construction and activity. He said if the rezoning to C-TR is granted, the size and configuration of the lot is most conducive to a small, professional office as has been the case with almost all development along Malvern from Ridgeway to the County Club. He stressed that in no way does a C-TR designation interfere with the ability of civic-minded neighbors from being a part of the development process because zoning this parcel C-TR will not allow the property to be Board of Directors Meeting 5 November 23, 2010 at 7:00 P.M. used without any restrictions. He pointed out the Hot Springs Code provides that all nonresidential uses of a C-TR parcel shall be subject to review and approval by the Planning Commission, including site plans showing the location of buildings, accessory structures, parking areas, walks, drives, fences, signs, the proposed landscape treatment, and provisions for drainage. In addition, architectural drawings clearly delineating the design and appearance of new buildings, including fences and signs, shall also be submitted for Planning Commission approval. He stated these standards for commercial conditional use also apply; and those standards, as applied to any development on this parcel, shall be submitted to the Planning Commission for its consideration (detailed plans). He mentioned one of those is that the proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located. Another is that the proposed use is so designated, located, and proposed to be operated so that the public health, safety and welfare will be protected. He advised that the property is located within the Malvern Overlay District, and all of those development restrictions also apply. He stated that even though the Planning Commission would approve a development plan, any person in opposition to the development plan could appeal that decision to the Board of Directors. He added if this rezoning is approved, the neighbors will have ample opportunity to be part of the process of development of this property and can re-involve the Board if need be. He stressed that the staff recommended to the Planning Commission that the property be rezoned from R-2 to C-TR. He noted at that Planning Commission meeting, there was substantial testimony and comments that development of this property would cause additional nonresidential vehicular traffic in the neighborhood, and the Commission voted 6 to 2 to recommend denial of the rezoning. He advised that the Graham’s have received a driveway access permit from the Arkansas State Highway and Transportation Department to construct a driveway to access the property from Malvern Avenue. Therefore, there is no longer a need to access the property from within the subdivision; and all objections to the rezoning involving neighborhood traffic should be set aside. Director McCabe questioned if there is a timeframe on the permit from the Arkansas State Highway and Transportation Department, and Mr. Owen replied that he did not believe there was. Director Keheley questioned the deed restrictions; and Mr. Owen replied if a C-TR were granted, they would do a self-imposed deed restriction to provide for no access to the property assuming the Highway Department goes through and allows them to do that, and there are no problems. At that time, they will do a deed restriction Board of Directors Meeting 6 November 23, 2010 at 7:00 P.M. to preclude any access to this property within the subdivision itself. Director Keheley asked what type of barriers will go on Shawnee, and Mr. Owen advised that is one of those specific requirements of the Planning Commission. He said there would be nothing wrong with a fence, but he personally prefers the green barrier. He added those have been used in many projects in the past in order to have some type of a shield. He said he would work with the Planning staff to put in whatever they would recommend. Director Maruthur commented this was denied because of public safety reasons, and Mr. Owen had made the statement that Mid-South Engineering was granted a zoning in 1974. At that time, there was a very nice sign at the entrance to Indiandale Subdivision. She added any subdivision developed today has an entrance. She pointed out this is being treated like a first-tier subdivision, and many of them go into disrepair, into rental, and then a neighborhood declines. She mentioned that Mr. Owen has made the case that this area is inundated with clusters of professional buildings. She stated there comes a time when an area can be saturated to the detriment of that particular community, whether it has a Bill of Assurance or not. She noted if this was good for the neighborhood, there would be tremendous support from the individuals who live there. She stressed that she is not in favor of this rezoning, and there could be another entrance that says “Indiandale Subdivision” with nice landscaping, which would add to the value, integrity, and preservation of this neighborhood. She mentioned that she received a phone call today regarding another conditional use that Mr. Owen represented on Park Avenue, and all of the conditions have not been met. She added it has been going on for years; and the residents were assured that it was for the health, welfare and safety of the neighborhood. She asked Mr. Owen if he remembered the Indiandale Subdivision sign being there, and Mr. Owen responded that he did not have a specific recollection of that sign. However, he knows there are two entrances to Indiandale Subdivision. He commented that even though it is not within this subdivision, the Boy Scout Building, which receives a large amount of traffic on election days, is only accessible at the present time by driving into the subdivision. Director Maruthur pointed out whenever there are concerns about property value and what could happen to a neighborhood because of public safety, she has a lot of concerns about this and will not support it. Director Daniel questioned the size of this piece of property, and Mr. Owen replied that it is 6/10 of an acre. Director Daniel asked the location of the right-of-way from the State, and Mr. Owen advised it would be at the intersection with the lot where the Boy Scout Building is located. Director Daniel pointed out it does not leave much property to be developed and asked if they did not have to have a 24-foot right-of-way, Board of Directors Meeting 7 November 23, 2010 at 7:00 P.M. and Mr. Owen replied that they do. He added it is going to be a small, professional building. Director Daniel said of all the properties he mentioned up and down the highway, about 90 percent of those do not lead into a residential subdivision; but this does. He said Mr. Owen is talking about taking an entrance into a residential subdivision and all the properties he mentioned that have been made commercial, they do not go into residential subdivisions. Mr. Owen replied that Dr. Ross Atkinson has been there a long time at Cedarwood, and the house was built as a commercial. He noted if this is accessed only from Malvern that it does not cause the traffic concerns expressed earlier. Director Daniel asked if he would recommend that the street be closed that goes to the Boy Scouts, and Mr. Owen replied that he would not. He added they would just be using it because they would not have a curb cut. He explained this property would be foreclosed from using a driveway off Chippewa. Mayor Bush asked if the access would be from Malvern, and Mr. Owen replied that is correct. Director Daniel pointed out it would be for that one little piece, but they still are going to access back there to go to the Boy Scouts Building. Mayor Bush added that they will have to, and Director Daniel said that they did not because the driveway will be going down beside there. Mayor Bush asked why they could not go around if they want to, and Mr. Owen said that he would be talking to the Boy Scouts if that is the possibility of a joint driveway which would make it better for the neighborhood. Director McCabe questioned how sanitation pickup would be handled, and Mr. Owen replied that he has not looked at that. However, that would be part of the plan that would have to be submitted to the Planning Commission for their approval. Director McCabe said in regard to the driveway cut, he indicated they had permission. However, he was confused when he answered Director Keheley’s question by stating “if it is finally approved.” Mr. Owen replied that it is approved. Director McCabe asked if there was any other approval required of the Highway Department. Mr. Owen replied if they were to do a split driveway with the Boy Scouts to be able to minimize impact in that neighborhood, then it would be a different permit. Director McCabe questioned if the 24-foot right-of-way off of Malvern would exist if it were a single-family residential, and Mr. Owen replied that it could. He added a request could be made of the Highway Department, and they would probably grant that. Ms. Patty Cagwin, 203 Shawnee, stated the safety issue is an important issue at the present time without another additional driveway. She questioned how they are going to get out if there is another driveway on Malvern and if it would be on Malvern or Board of Directors Meeting 8 November 23, 2010 at 7:00 P.M. go to the driveway on the Boy Scout property. She stressed there is a lot of traffic now, and this will add more traffic. Director McCabe asked if she believes that property has potential for a single-family home, and Ms. Cagwin said she believed it did even though it would be small as long as it did not turn out to be rental property. Director McCabe asked if it was desirable property for a single-family home, and Ms. Cagwin said she did not know that she would buy it. She added she did not know how they would get in and out; and if they have children, this is a very busy street so this means there are safety concerns, and she would not recommend it. Ms. Rebecca Rutter, 109 Comanche, questioned what type of businesses would be at this location. Mr. Ray Owen, Jr. advised the only thing practical to put on this property is a small, professional building with minimal traffic. He said everything up and down that street is either dentists, doctors, CPA’s, or other professional offices. He stated the highest and best use of that property is for a small, professional building. Ms. Rutter said it does not answer the question what they intend to do with the property. Mr. Owen advised that is the intentions as far as he knows. Director Ramick asked if that property is listed for sale right now, and Mr. Owen advised that it is. City Attorney Brian Albright questioned how much frontage is on Malvern Avenue, and Mr. Owen advised that it varies, pointing out it has a bend in it and cannot tell exactly. Ms. Rutter said that Mr. Owen mentioned that there might be only one access, which would be from Malvern Avenue. Regarding extra traffic in their neighborhood, she pointed out there are motorists who already cut through from Ridgeway, go down Apache, and turn onto Shawnee in order to save the stop light at Ridgeway and Malvern. She noted they get that pass-thru traffic which is already in addition to the neighborhood traffic. She added they would also get the people who were coming to this business and cut through their neighborhood and would not only access the property from Malvern. She stressed this is about preserving the sanctity of the residential neighborhood, and she believes it is important to separate business life from home life. She pointed out that zoning was created so residents could improve their quality of life by separating areas in cities according to the intended usage of that area. She noted this piece of property is part of a residential area. Board of Directors Meeting 9 November 23, 2010 at 7:00 P.M.  Director Maruthur asked how she felt about landscaping and an Indiandale Subdivision identification, and Ms. Rutter said that she thinks it should be there. Mr. Jeffrey Graham, 101 Shawnee, said they are proposing the entrance to be only from Malvern; and there will be natural barriers on all the other sides. Therefore, it is not going to impact the subdivision. He also mentioned there is no secret agenda of some surprise business. He said they will have a professional office building, which would be small. However, they are not proposing that this entrance be in Indiandale Subdivision but is coming in from Malvern; and there will not be any other entrance other than Malvern. He said in his opinion, the issue of safety is a moot issue because they are not going to have anyone entering into the subdivision from Shawnee. Director Daniel questioned if the 101 property where he lives is a piece of property that has been up for sale or been intended to try to get rezoned up to Autumnridge. Mr. Graham replied at one time it was. Presently, they are just proposing this lot that is being discussed tonight. He said that they did not ask for this professional parkway to be developed, but it just happened over time. He said it was not just in the 1970's, but there have been many approvals recently. He pointed out they are asking for this to be rezoned because nobody wants to live there. He added that he would not want to live there. Director Daniel pointed out that he lives directly across from it, which borders his house where the traffic is. Mr. Graham said that he wishes it were not that way, but his grandfather was a master builder; and he and Mr. Dane Harris built a lot of that subdivision many years ago; and at that time, it was a quieter area. He said had he known it was going to be a four-lane with 17,000 cars passing by there everyday, he did not believe he would have built the home at that location. He said he lives there, but it is not pleasant when he hears cars and other vehicles. Director Maruthur stated he is going to financially benefit from this rezoning and asked if it bothered him that he has neighbors who do not have all the options that he might be blessed with, and they are expressing their concern that it could adversely affect the subdivision. She noted there are professional buildings that do enhance in general the Malvern Overlay, but there is a point where it has to stop. Mr. Graham replied that they are not proposing a general zoning. Mr. Tony George, 205 Shawnee, said when Mr. Graham moved into the house he presently lives in, a few months before this property was on the agenda for the first Board of Directors Meeting 10 November 23, 2010 at 7:00 P.M. time, they came around to the neighborhoods and tried to get them to go their way to get it zoned commercial. He said they were left a Christian CD and a $100 bill after the door was shut in their face. He said he did not believe it is necessary for that to be zoned commercial or the other two houses because they will move again as soon as the Board makes a decision. Ms. Nancy Koonce, 328 Shawnee, said that she is speaking for several residents and has lived on or directly off Malvern Road for over 50 years. She stated that she remembered when the entry to Indiandale Subdivision was a beautiful rock entry. She commented that children play in the streets, and residents walk and ride their motorized chairs. She said they also share the quiet setback facility of the Boy Scouts headquarters to hold elections, and they are good neighbors. She advised that some of her neighbors are very opposed to this appeal. She mentioned that Mr. Owen had stated that one resident, Mr. Cook, was for this appeal. She pointed out there are many reasons they object, such as the topography; the traffic and safety; drainage problems; neighborhood community unity; and lack of interest in the recent housing development next door (Autumnridge). She commented that next to the Bafanridge Subdivision entry on Malvern Road is a major commercial area, and the residential property that fronts Malvern on Bafanridge could also ask to be rezoned. She questioned the difference. She said that she recently spoke to a city official who informed her that rezoning is not to be used as a vehicle to enhance property values. She noted there is a property for sale in the 2800 block of Malvern and questioned what would stop any homeowner from wanting to increase their property value if simply rezoning would help. She noted that the Planning Commission cited safety as one reason for denying this request. She expressed appreciation to Director Maruthur, Director Keheley and Director Daniel for their reply when she contacted them about their concerns. She also expressed appreciation for televising the Board’s agenda meeting. She pointed out that she and her neighbors cannot afford to retain counsel and depend on the Board to champion their cause and deny this appeal. Mr. Jeff Graham said he heard all the questions of those who oppose this and complimented Ms. Koonce on her presentation, and he appreciated everyone’s concerns and the questions that were asked. He advised that the price is not going to change now or after the decision regardless of what the Board’s decision is. He said that he has one price, and it will stay that one price, which is $90,000. Regarding the question about how Boy Scouts enter, there seems to be some misunderstanding. He pointed out that everyday, every car that goes to the Boy Scouts goes around that lot. He noted they will be allowed always a larger parking lot than would be on this lot, and Board of Directors Meeting 11 November 23, 2010 at 7:00 P.M. there will be more cars going to Boy Scouts than there will be coming to this lot if it is zoned C-TR. He stated the City staff changed their mind since last meeting because they recommended that it be passed, and a lot of issues were brought up about safety, which he has concerns about. He advised the house across the street from the lot has been in his family for 40 years. Regarding the question of how trash would be picked up, he said he assumed they would enter in the new driveway that they received a permit for since the last meeting. He added they now have a permit for entrance on Malvern Road, and the sanitation trucks will not have to come from any other direction. Director Maruthur asked how he felt about his neighbors who have come here who could not afford an attorney to represent them and are opposed to this. She pointed out they are concerned about public safety, property values, and security. Mr. Graham replied he has a long history with Indiandale Subdivision and spoke of his being associated with this subdivision when he was 16 years old. Director Maruthur noted the residents are concerned about the future, and he is talking about the past. Mr. Graham said he is concerned about the future; and if the Board fails to zone it C-TR, that lot will become open to everyone. He pointed out during the political season, everyone puts their signs there (some with permission and some without). He said he has gone through this for 40 years. Director Maruthur questioned how he would feel about putting an Indiandale Subdivision sign up with some landscaping and investing in this neighborhood that he seems to value and secure its future and give it integrity. Mr. Graham commented that his father built many of the houses there, and they are proud of that subdivision because those houses were built right. He said they are not asking to destroy the subdivision, and that is why they asked for C-TR, which provides for each of these individuals to come back and be a part of what goes there. He stated it provides for the Board to come back and approve or disapprove. Mr. Joe Farrell, executive director of the Ouachita Area Council Boy Scouts of America, 102 Chippewa, said they plan to stay at their present location; and they front on the Malvern side with the entrance driveway coming off Chippewa. He stated their main objection to changing this zoning is that it is unknown what type of business will locate there. He said they have just completed a strategic plan and plan to stay in their present location where they have been for over 36 years. He mentioned they are a nonprofit corporation, owned locally, and are not owned by the National Boy Scouts of America. Therefore, they are a neighbor-community group. He pointed out their concerns are (1) unknown business going in; (2) traffic and safety; and (3) about five years ago, a city bus came over the hill and narrowly missed the Boy Scout office by six feet. As far as the future of this, he commented that perhaps the family could donate Board of Directors Meeting 12 November 23, 2010 at 7:00 P.M. it to the Boy Scouts; and it could be left as an open space for the voting signs that go up or subdivision sign. At this time, Director Maruthur called for the question. City Attorney Brian Albright called for a second to the question which would limit debate. There being no second to the motion to call for the question, Director Jones pointed out it is in the Malvern Overlay District; and there are special rules in that district. Mr. Ray Owen commented there are three sets of rules that apply to this piece of property if it goes to C-TR: (1) there are special conditional use requirements; (2) there are special requirements for the C-TR itself; and (3) there is the Malvern Overlay District. He said there would have to be a complete detailed architectural plan of the entire site, and it would have to meet all of the criteria of the Malvern Overlay District. He pointed out it is limited very strictly, and the Planning Commission has to look at the public health, safety, and welfare in the neighborhood and impact on the other properties in the neighborhood, which is required under the Hot Springs Code before any development plan can start. He added there is plenty of security and safety in there for the development of this property. Director Jones asked if he thought the Highway Department would put a traffic light there, and Mr. Owen said he could not answer that. However in his personal experience with the Highway Department, they like to limit those to where they have to really have them. He added he believes there will need to be at least one more traffic light, probably in the Malvern Avenue area. Director Jones commented with the Boy Scouts, that would really warrant one being there; and Mr. Owen replied they could ask for one there; possibly a flashing light might be suitable. Director McCabe questioned the building size that could be placed there; and Mr. Jeff Griffin, Planning Assistant, stated his information from the Garland County Assessor’s Office indicates that the property is just over 16,000 square feet or 1/3 of an acre and 20 percent; roughly a 3300 square-foot building would be the approximate limit. Director McCabe asked if there is some designated amount of parking that would have to be provided for based on that size building. Mr. Griffin advised that the Zoning Code includes parking regulations; and among those, the Zoning Code requires one parking space per 200 square feet for office space, which would be around 15 spaces. Director McCabe questioned the setback, and Mr. Griffin advised that the setbacks, as Board of Directors Meeting 13 November 23, 2010 at 7:00 P.M. required in the Zoning Code for the individual zoning districts, are from the actual property lines. He explained if the Highway Department has secured additional property in the form of right-of-way, then there is a different property line; and the setback would be measured from that location, which is 25 feet in the Commercial Transitional zone. Director McCabe asked if parking can be within that 25 feet or outside that 25 feet, and Mr. Griffin replied that it can be outside that 25 feet. He added there are other issues in the Zoning Code regarding parking, such as the Landscaping Code which requires some offsets and some green space before parking can be installed with it being along a major highway. Director McCabe pointed out the maximum amount of building under roof is roughly 3300 square feet and will probably end up being smaller by the time some of the other work is done. Mr. Griffin replied that he could not comment on any hypothetical site design as he has not been given the opportunity to review one. Director Daniel said the proposed street that would go through there from the permit required by the Highway Department is 24 feet wide, and that has to come off the length and width of that property. Mr. Griffin said he understands the applicant has applied for and received a driveway permit, which would not be a right-of-way or a street but a driveway. However, he has not been given the opportunity to review any potential site designs and cannot address whether or not one dimension would be sufficient over another. Director Daniel said what he understood was tonight there would be an entrance and exit off Malvern Avenue for the property in question and the Boy Scouts. He questioned how large the building can be by the time there is green space and parking. Mr. Griffin advised that the building is limited by 20 percent of the floor to area ratio, which means that 20 percent of the owned property may be floor area and in this case, that equates to approximately 3350 square feet. Director Maruthur asked that Mr. Griffin read the clause in the code regarding the desires of a few. Mr. Griffin replied that of the two requirements in the Hot Springs Code §16-2-11 and §16-2-29, one of the requirements of Planning Commission considering a case is whether or not the purpose of the zoning change is for the benefit of the public and not for one small group or individual. Director Keheley questioned if Mr. Graham wanted to have this property rezoned in order to sell the property, and Mr. Graham replied that it is not to enhance the saleability of the property. He added he is not raising the price, and it is available to anybody who wants it for what it is listed at the present time. Director Ramick pointed out that Director Daniel mentioned a driveway and questioned if there was any intention of connecting Malvern to Chippewa. Mr. Graham Board of Directors Meeting 14 November 23, 2010 at 7:00 P.M. stated that was not the purpose, but the purpose was to satisfy questions that to him seemed to be real and not emotional; and that was safety. He said they immediately went to the Highway Department and secured a permit, but that permit is not a permit shared between him and the Boy Scouts. He added the Boy Scout traffic could be eliminated from Chippewa and Shawnee and the subdivision, as it is now, by the Boy Scouts obtaining a driveway permit off Malvern. Also, if the Boy Scouts were interested and it became engineering feasible, perhaps the Boy Scouts and that lot could have a joint driveway by giving up an equal amount of land for the driveway, which would satisfy both entities and reduce the traffic on Chippewa and Shawnee. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, McCabe, Ramick, and Bush, total 4. Voting “no”: Directors Maruthur, Keheley, and Daniel, total 3; motion carried. Whereupon the ordinance was declared adopted. 15 Proposed Ordinance No. O-10-51 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY LOCATED AT 1800 HIGDON FERRY DESCRIBED HEREIN FROM R-1, RURAL RESIDENTIAL DISTRICT, TO C-4, REGIONAL COMMERCIAL OPEN DISPLAY, AND AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING THE PROPERTY BUSINESS COMMERCIAL; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Ramick, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Keheley, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Mr. Jeff Griffin, Assistant Planner, stated that the Planning Commission on November 11, 2010, considered a rezoning request from property owner Robert Malt seeking C-4, Regional Commercial Open Display District, for property located in the 1800 block of Higdon Ferry Road. The applicant stated a planned use as a boat and RV storage primarily for the use and benefit of the residents of the Forest Lakes Garden Homes development. The property consists of Board of Directors Meeting 15 November 23, 2010 at 7:00 P.M. approximately 6.02 acres and is currently undeveloped. After conducting a public hearing, the Planning Commission voted to recommend C-TR, Commercial Transitional zoning instead of the requested C-4. The Commission stated findings of protection of residential surroundings and better control for their recommendation in lieu of the requested C-4 District. The applicant has appealed the Planning Commission’s recommendation and requests the Board rezone the property to C-4. In reviewing the appeal, the appellant summarized the Planning Commission’s actions and states the Planning Commission erred because there does not exist any residential development adjacent to or nearby that need protection, and the property does not comply with the stated goals contained within the C-TR zoning description. He said the record supports this allegation, and the appellant correctly represents the Code for the remainder of the appeal. He stated there is nothing in the record to indicate that the creation of this C-4 is likely to significantly increase any material or adverse conditions that may be posed because the Planning Commission will apply further standards and may apply conditions that will accomplish this per Hot Springs Code §16-22-9. Therefore, the staff recommendation is to consider approving the ordinance to rezone the 6.02 acres from R-1, Rural Residential, to C-4, Regional Commercial Open Display District, and amend the Future Land Use Map to designate the property Business Commercial. Ms. Karen Garcia, 228 Old Hickory Street, stated she has been asked on behalf of her neighbors and residents in Forest Lakes to speak in favor of this request. She noted this is a request by Mr. Malt as a direct request from the residents of Forest Lakes. She said she and her husband occupied the second home in Forest Lakes and have witnessed from the ground up the premiere development and the quality of work that Mr. Malt performs. On behalf of the residents, they respectfully request the Board’s approval. Mr. Robert Malt, 186 Randall Road, said that he owns the surrounding property which would be residential in concert with what he is currently doing. He stated that he just finished about 80 homes and is in the next section, which has 24 homesites that he is just doing the infrastructure. Director McCabe questioned if the plans for the property (self-storage) will have a density of all 6.02 acres. Mr. Malt advised there are three buildings that go on there, and the buildings are approximately 50 feet depth front to back and 300 feet long. Also, they have 18 bays in them and are pull thru’s so people can drive in one end and drive out the other. He said the parking area and drive-outs are 64 feet, which is adequate space to pull in and out. He stated the perimeter is entirely fenced and is electrically gate Board of Directors Meeting 16 November 23, 2010 at 7:00 P.M. controlled; there is a water-control system; a dump station; a reservoir for putting water into the RV’s; and an overhead cleaning station for cleaning the system. He added there are three buildings and 54 storage units of 16 feet x 50 feet each, and the coverage is 18 percent and allowed to go up to 70 percent. Director McCabe questioned the width of the cut on Higdon, and Mr. Malt said he already has that; and it is about 78 feet. Director McCabe asked what is the normal cut for a driveway access point, and Mr. Malt replied that it is less than that. Director McCabe explained his point is that he made a comment about RV’s and boats and wanted to be sure they will be able to make the turn on Higdon. Mr. Jeff Griffin advised that he reviewed Mr. Malt’s proposed development plan that the Planning Commission will consider next month if the Board votes to approve this zoning change, and the development plan demonstrates an appropriate 24-foot wide driveway with appropriate 15-foot radii on either side. He mentioned they are not using the full existing property. To clarify the pipe stem that comes out to Higdon Ferry exists, he stated there are separate property owners on either side of that pipe stem. He explained that Mr. Malt is not creating that parcel other than separating it from the remainder of the larger parcel. Director Maruthur pointed out that the Planning Commission voted unanimously for this to be a C-TR, and that was not for Forest Lakes but was for the future of Hot Springs. She complimented Mr. Malt on the quality of his work but expressed concerns about the coverage of the land and what this is going to do to Higdon Ferry. She said the reason they wanted a C-TR is because the percentage of the coverage would change; and he could not develop as much for the boats, etc. She stated she knows this compliments Forest Lakes, but she is looking at what is best for the City. Mr. Malt replied that he is already developing less than what it would be in a C-TR. Director Maruthur questioned why it was recommended, and Mr. Malt replied it was because they wanted to have more control. He stated this is going to be restricted based on the site plan that is submitted which has already been submitted and is 18 percent coverage, which is lower than it would be if it were in the zoning that was recommended. He said he can actually do it greater, but he is not looking to do so. He added that he believes it is adequate and works. Director Maruthur asked why he would oppose C-TR, and Mr. Malt stated that C-TR restrictions on it are things like color of the building, and this is self-contained; and he is not building an esthetic structure. He noted this is usable by the people who live principally in the community. He pointed out the hedge around it will grow 20 or 30 feet; and since he owns the contiguous property Board of Directors Meeting 17 November 23, 2010 at 7:00 P.M. that is residential, he would not want to do anything injurious to the remaining property. He stated that he owns 111 acres, and this is 6.02 acres of the 111 acres. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 16 Proposed Ordinance No. O-10-52 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY LOCATED AT 2823 MALVERN AVENUE FROM R-2, SUBURBAN RESIDENTIAL DISTRICT, TO C-TR, COMMERCIAL TRANSITIONAL, AND AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING THE PROPERTY OFFICE COMMERCIAL; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. was taken from the agenda for consideration. A motion was made by Director Keheley, duly seconded by Director McCabe, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Ramick, duly seconded by Director Daniel, that the ordinance be passed as read. Upon discussion, Mr. Jeff Griffin, Planning Assistant, advised that the Planning Commission on November 11, 2010, considered a rezoning request from the owner and applicant, Ms. Kelly Bales, Trustee of the Robert Earl Wheeler Estate, for C-TR, Commercial Transitional zoning, for 2823 Malvern Avenue. The property is currently zoned R-2, Rural Residential; and the proposed use stated by the applicant is allowed per C-TR. He advised that public testimony was received from neighbors in the adjacent subdivision generally opposing the zoning change, and the Planning Commission voted to recommend that the Board adopt the ordinance rezoning the property to C-TR, Commercial Transitional. He explained that Hot Springs Code 16-2-49(a) encourages innovative, adaptive reuse projects, and the district exists to achieve the plan objectives of promoting positive development and redevelopment in mature areas of the city. In concert with the initial zoning application, Planning received a Conditional Use application contingent upon tonight’s rezoning for a veterinary clinic, Board of Directors Meeting 18 November 23, 2010 at 7:00 P.M. but that person has withdrawn that request and will not be considered by the Planning Commission. However, once rezoned to Commercial Transitional, allowed uses will still be limited to single-family and then to two-family or duplex. He said all remaining nonresidential use possibilities require Planning Commission approval of a Conditional Use. He stated in line with the Planing Commission’s findings, the recommendation is to consider approving an ordinance to rezone the property from R-2, Residential, to C-TR, Commercial Transitional. City Attorney Brian Albright asked the width of the lot, and Mr. Griffin replied that it is about 250 feet to 258 feet. City Attorney Brian Albright asked if it was adequate enough to absorb the curb cut requirements of the Malvern Overlay, and Mr. Griffin advised there is an existing driveway; and the property is currently developed with one, single-family residence that does have an existing driveway. He noted this property is not in any way required to make use of the adjacent Meadowmere Street. Ms. Kelly Bales, 108 Printers Place, stated this property was owned by her and her brother, Mark Wheeler; and they have rented the property. However, after the death of Robert Wheeler, they decided to sell it and listed it with Jim McAdams Realty. Since then, their renters have moved out; and they have had a difficult time determining what to do with the property. She said they thought it was a good idea to consider the C-TR zoning; and given the landscape of the community around it, it looks like small, quiet commercial and would fit in with what is going on in the area. She pointed out it is C-TR to the left, to the right, and across the street. She stressed it is not their objective to disrupt anything. She mentioned that Ms. Sandy Hatch had made an offer on the property conditioned on a few things but has withdrawn her application as a veterinary clinic. She stated they have had problems with renters that probably would exceed what a veterinary clinic might have incurred. Director McCabe questioned the 20 percent rule and the size; and Mr. Jeff Griffin advised the way the property exists, it is about 48,000 square feet relying on the Garland County Assessor’s office. He said this would allow reconstruction of a maximum of approximately 9,600 square feet of floor to area ratio. Director McCabe questioned if the sanitation trucks pulled in the driveway or stopped on Malvern when there were renters, and Ms. Bales said she believes they go up the driveway. Director Daniel pointed out they would not stop on Malvern Avenue. Director Maruthur asked if the residents were opposed to the rezoning, and Mr. Jeff Griffin, Assistant Planner, advised that the neighbors expressed concern with Board of Directors Meeting 19 November 23, 2010 at 7:00 P.M. vehicular traffic intrusion on Meadowmere Street, possible noise and odors, increased crime, and a desire to maintain the quiet enjoyment of their residential atmosphere. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. Whereupon the ordinance was declared passed. 17 Proposed Ordinance No. O-10-53 An ordinance entitled, “AN ORDINANCE LEVYING A SUPPLEMENTAL ANNUAL ASSESSMENT FOR CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 2 OF THE CITY OF HOT SPRINGS, ARKANSAS, FOR 2011,” was taken from the agenda for consideration. A motion was made by Director McCabe, duly seconded by Director Ramick, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Ramick, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 18 Board of Directors Items for Discussion Director Maruthur said she was disappointed that the residents are being ignored in their neighborhood. Mayor Bush replied that is not true, but that is her opinion. 19 City Manager’s Report City Manager Lance Hudnell gave the following report: Board of Directors Meeting 20 November 23, 2010 at 7:00 P.M.  1. There will be a work session a week from tonight following the agenda meeting and reminded the Board to turn in any items they would like on the decision list by noon this coming Monday. 2. He thanked Sharefest that came to Hot Springs with 50 volunteers; and on November 9, they worked on the Hinsley Family Park. 3. He thanked Lt. Brandley, Carpenter and Ramsey from the Malvern unit of the Arkansas Department of Corrections for bringing a group over to work on Whippoorwill Street in the abatement project clearing brush, etc. It was a great assistance to the Fire Department and ultimately to the downtown merchants. 4. A donation was received from Wisconsin in the amount of $6,000 (not directly to the City) but to the volunteers who are doing the Dog Park. 5. The Christmas Parade will be held next Monday, December 6 6. It is time for the Board to register for the AML Winter Conference, which is January 12, 13, and 14. If Directors are planning on attending, they need to contact Ms. Margaret Parris, executive secretary, next week. 7. There is a second group of three out of nine police semi-finalist applicants. Director Maruthur said she received an e-mail yesterday from Mr. Kent Schmidt, Ft. Collins, Colorado, which was copied to the other Directors (telephone No. 970-430-9547). She then asked that City Manager Lance Hudnell read the e-mail which referred to the City’s not changing in 10 to 15 years; and while the architecture is still there, it appears that it is becoming a shabby town. He said that he has written his brothers and sisters about his perception and would not recommend visiting to his friends. Director Maruthur stressed that he said the City has changed, and there are many issues that need attention. 20 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:45 p.m., to meet again on Tuesday, December 7, 2010, at 7:00 p.m. Board of Directors Meeting 21 November 23, 2010 at 7:00 P.M. ATTEST: _____________________ APPROVED:__________________ Lance Spicer, City Clerk Mike Bush, Mayor Board of Directors Meeting 22 November 23, 2010 at 7:00 P.M.