April 22, 2010
MINUTES
COMMISSION MEMBERS PRESENT Robin Green COMMISSION MEMEBERS ABSENT Craig Johnson OTHER STAFF MEMBERS PRESENT Jim Narey, Planning Director JaNan Davis, City Attorney Lawren Fason, Project Coordinator Dwight Pattison, Planning Consultant OTHER STAFF MEMBERS ABSENT Mizan Rahman, City Engineer Chairman Todd called the regular meeting of the Maumelle Planning Commission to order at 6:30 pm. ANNOUNCEMENTS Mr. Jim Narey announced the annual Maumelle Family Fest would be held April 23 and 24. Mr. Narey also reminded the Commission and the public to complete and return their 2010 Census. APPROVAL OF MINUITES FOR March 26, 2010
Chairman Todd asked for comments and/or changes to the minutes as submitted. MOTION: Commissioner Wyeth made a motion to approve the minutes as submitted. Commissioner Fisher seconded the motion and the motion passed unanimously. PUBLIC COMMENTChairman Todd opened public comment at 6:31pm. There were no public comments on non-agenda items. OLD BUSINESS There was no old business. Board of Adjustment was convened at 6:32 pm NEW BUSINESS
Mr. Narey stated the request was for a variance regarding a compromise of a 40’ building line in a C-1 zoning district. Mr. Narey stated on April 23, 2009 a Conditional Use Permit was granted for the school to allow temporary portable buildings in a Commercial District. Mr. Narey stated that when the portable buildings arrived at the school they were not the same size that was presented on the original site plan. Mr. Narey stated this created the 2 – 3’ compromise on the 40’ building line of the far east building closest to the Fewell building. Commissioner Kierre asked why the school did not contact the City when the buildings arrived and it was discovered they were not the size that was approved by the Planning Commission and the City Council. Mr. Narey stated his department was not contacted. Mr. Jim Morley, Director of Code Enforcement for the City of Maumelle, stated they did not contact his office either and they failed to obtain a building permit prior to the installation of the portable buildings. Mr. Morley stated when Mr. Honea came to apply for the building permits, the buildings were set in place and found to be in violation of Maumelle City Code. Mr. Morley stated Mr. Honea’s attempt to obtain the necessary permits was three days before school was to start. Mr. Morley also stated that no inspections by Code Enforcement nor the Fire Department had been preformed at that time. Mr. Morley stated he copied the site plan and took it to discuss with Chief Glenn and Mr. Honea, at witch time Mr. Honea stated he had never seen the site plan for the project before. Mr. Morley stated he asked Mr. Honea to move the buildings at least 10 feet apart for fire safety, Mr. Honea agreed, however, compliance was not achived until during Christmas break 2009. Mr. Honea, Superintendent for Academics Plus Charter School, stated he agreed with Mr. Morley’s statements. Mr. Honea stated Mr. Peterson was the project architect and Mr. Peterson informed him they were expecting three 60 X 14 buildings. Mr. Honea stated the buildings were temporary until the school district finds another location for the Charter School then the temporary buildings can be moved as they will no longer be needed. Mr. Honea stated it would take one to two years for that change to take place. Commissioner Wyeth stated he recalled the original site plan there was an encroachment and Charter School Staff agreed to comply. Mr. Narey stated that to be true. Mr. Honea stated on the parcel of property in question there is no compromise for the three buildings to meet City code without encroaching while also satisfying all fire code regulations for safety. Commissioner Kierre stated the size of the original buildings shown on the site plan would have fit, however the buildings that were installed were not the same size as the ones approved. Mr. Honea stated he bought the best buildings for the best price in the interest of the school. Mr. Honea stated in an effort to create more space for the students he had moved the administration to the former La Petite location. Commissioner Fisher asked the applicant what the intentions for the future of the school were. Mr. Honea stated the future of the school was in the hands of the school board. Mr. Honea stated their most recent plan was to buy the Kroger building and use that for the senior high students, and keep the current location for the elementary students. Mr. Honea stated they were also considering the US Pizza building. Commissioner Fisher stated the buildings were portable and to be used on a temporary basis, and asked Mr. Honea how long he would need the buildings. Mr. Honea stated he would like to move within one year, if they build a new facility, it may be two years. Chairman Todd asked Mr. Honea how long he would be the Superintendent for the Charter school. Mr. Honea stated he has a three year contract and there were no negations currently, however his last term would be for the current school year of 2009-2010. Commissioner Wyeth referred to the minutes from April 2009, Mr. Honea stated the buildings were temporary and would be occupied until Christmas of 2009. Mr. Honea stated at that time it was his intention to have another location by Christmas. Chairman Todd stated he did not like the situation the Planning Commission had been but in because any legal actions would hurt the students, not the school. Chairman Todd stated in the past the Planning Commission has granted variances to different applicants that did not follow the rules, and asked the Commission to grant the variance because it was best for the students.Commissioner Wyeth stated there were three other situations, a pool, a shed, and a deck, which were all built and found to be in violation and the Commission enforced the code. Commissioner Wyeth stated it was not the Commission who had chosen the location of the portable buildings taking away from the children’s play ground area, which was a decision of the school. Commissioner Wyeth stated he was for the Charter school, but they needed to abide by the code. Commissioner Wyeth stated this approval would set a bad example for the children teaching them not to abide by the rules by not enforcing the code. MOTION: Commissioner Wyeth made the motion to deny the request for variance regarding the 40’ building line for Academics Plus Charter School. Commissioner Kierre seconded the motion. In favor of the motion were Commissioners Wyeth and Kierre. Not in favor were Commissioners Green, Greene, and Fisher. Commissioner Johnson was counted as a no vote due to absence. The motion failed. MOTION: Commissioner Fisher made the motion to approve the variance for regarding the 40’ building line for Academics Plus Charter School until July 2012 or until applicant vacates the property whichever is earlier. Commissioner Green seconded the motion. In favor of the motion were Commissioners Green, Greene, and Fisher. Not in favor was Commissioner Wyeth. Commissioner Johnson was counted as a no vote due to absence. The motion was passed. MOTION: Commissioner Kierre made a motion to close the Board of Adjustment. Commissioner Fisher seconded the motion, and the motion was passed unanimously. B) Submission of revised site plan for Academics Plus Charter School.
Mr. Narey stated during the April 2009 Planning Commission meeting, in accordance with regulations regarding a conditional use permit application, Charter school submitted a site plan. Mr. Narey stated because their site plan did not reflect the actual site they needed to show the correct dimensions of the portable buildings, show all connecting sidewalks, and students exit to the south. Mr. Narey stated in a meeting with Chief Glenn, Charter school staff, and himself it was agreed to create the connecting walk paths, remove the stairs, install a fence, and build a ramp for the students. Commissioner Wyeth thanked the City Staff for creating a compromise and he did support the school, however, he felt approving this would set a bad example. Mr. Morley stated that they would also require a handicap ramp where the sidewalk runs east toward Lake Point Place meeting ADA standards. Mr. Honea stated they had asked for bids to create a curb and bridge for easier access and to meet ADA requirements. MOTION: Commissioner Fisher made a motion to approve the revised site plan contingent upon satisfaction of all Staff and Commissioner comments, and to include a plat note regarding the approved variance and conditions of that variance. Commissioner Green seconded the motion. In favor of the motion were Commissioners Green, Greene, and Fisher. Not in favor was Commissioner Wyeth. Commissioner Johnson was counted as a no vote due to absence. The motion was passed. MOTION: Commissioner Wyeth made a motion to close public hearing. Commissioner Green seconded the motion and the motion passed unanimously. PUBLIC HEARING WAS CLOSED AT 7:15pm. DISCUSSION ITEMSGeneral Discussion regarding procedures employed for the acceptance of roads and improvements within Maumelle subdivisions. Mr. Narey stated he had met with the Director of Public Works discussing Staff to Staff interpretations. Mr. Narey stated the two most important things were input from the Commissioners, and input from the development community. Mr. Tommy Wright, Developer of Country Club of Arkansas, asked Staff if under 70-71 “ no recommendations of this statement should be binding on the City of Maumelle Planning Commission”, could include “ or developer”. Madam City Attorney Davis stated that it could be revised to include “or developer”. Mr. Wright stated that he had no problems with providing proof of all public improvements, other that telephone. Madam City Attorney Davis stated a telephone is not considered a public improvement. Mr. Narey stated the letters from utilities go to the City’s Public Works Department. Mr. Wright stated the streetlights were not paid for by the developer, the process with Entergy was slow to install the streetlights. Mr. Wright stated the developers would be held responsible for the installation of those streetlights with the current interpretation of the amendment. Commissioner Fisher asked if a letter from them guaranteeing services would be installed would be sufficient. Commissioner Fisher asked Staff if it was currently a requirement for proposed streetlights to be shown on the plat. Mr. Narey stated it was not currently required. Madam City Attorney Davis stated that this may create that requirement to be added to Maumelle’s City Code. Mayor Mike Watson stated Entergy requires the signature of the Mayor before installation, stating that they City will be responsible for the streetlights and payment for keeping them maintained. Mr. Wright asked if the revisions allowed 30 days for the Planning Commission or Director of Planning and Zoning to sign a final plat. Mr. Wright stated he felt this was excessive timeline. Madam City Attorney Davis stated that policy had not changed, it only included the wording “or Director of Planning and Zoning” to allow for situations where plats are approved at Staff level. Mr. Wright stated the inspection application list from public works, Section 70-150 states the list of repairs is subject to change if more than 30 days past delivery of the list to the developer, Mr. Wright stated in some situations he believed 30 days was not long enough.Chairman Todd asked Mr. Wright how long in his opinion would be sufficient. Mr. Wright stated he was not sure, however in the past year; bad weather had been an issue. Mr. Jack Wilson, Developer of Cypress Bay and Country Club of Arkansas, stated he believed that one factor that affects his development company more than others is the number of streets in length they do in a development. Mr. Wilson stated it is difficult to get to the point with all the lists satisfied without another list of required improvements developing for a different area within that development. Mr. Wilson stated he agreed the City should have good streets with drainage; however that is subject to a lot of interpretations of the City Code. Mr. Wilson stated he believed that there was a solution for an easier process without giving up quality. Madam City Attorney Davis stated she valued the input of others, and the City was trying to create a process that simplifies to one inspection preformed and approved before construction. Mr. Wilson stated in other Cities the streets are inspected and the list is created and those issues are satisfied later with a deadline to meet those requirements. Mr. Wilson stated this process does not prevent the continuation of development. Mr. Wright stated the City of North Little Rock’s City Engineer worked with the project engineer to satisfy the issues, in Maumelle is rests with the Director of Public Works. Mr. Wright stated section 70-148 regarding issuance of building permits, under the circumstances where sidewalks may be bonded it would create a problem where no building permit could be issued. Madam City Attorney Davis stated the concern that it was intended to address is where a performance bond is presented on a street, and agreed that it would present a problem for sidewalks that might be bonded. Madam City Attorney Davis stated it could be revised. LIASON REPORTApril 5 Commissioner Wyeth gave a brief report to include the second reading of Ordinance 740, amending subdivision regulations, and the second reading of Ordinance 741, amending zoning regulations. Commissioner Wyeth stated Ordinance 742 was read for the second time.
April 19 Commissioner Green reported the meeting to include the third reading and approval of Ordinance 740,741, 742. Commissioner Green stated the first reading of Ordinance 744 regarding conditional use permit for an adult day care in a commercial zoning. Commissioner Green also reported the Alderman Medford resigned as Alderman from Ward 1.
MOTION: Commissioner Wyeth made a motion to adjourn the meeting. Commissioner Kierre seconded the motion and the motion passed unanimously. The meeting was adjourned at 7:50 p.m. Approved:
_______________________________ Chairman John Todd May 27, 2010
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Maumelle, Arkansas 72113
Phone: 501-851-2500
Fax: 501-851-6738