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Z-5684 Staff AnalysisJune 15, 1993 ITEM NO.: A FILE NO.: Z-55$4 NAME: MISS SELMA'S SCHOOLS - SHORT -FORM POD LOCATION: 7819 "T" Street DEVELOPER: ARCHITECT: MICHAEL B. AND ROBIN R. SMITH ELLEN POWELL YEARY 7819 "T" Street 1012 West 2nd Little Rock, AR 72207 Little Rock, AR 72201 225-0123 372-5940 AREA: 1.93 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 to POD PROPOSED USES: Private preschool and R-4 elementary school O-3 PLANNING DISTRICT: 3 CENSUS TRACT: 22.03 VARIANCES REOUESTED: None STATEMENT OF PROPOSAL: The applicant proposes the establishment of a POD to encompass the site presently occupied by the applicant's "Miss Selma's Schools"; the abandonment of the "T" Street right-of-way from where "T" Street enters the boundary of the applicant's property to its dead-end; and, the abandonment of two fragments of the Glover Street right-of-way which were retained when the remainder of Glover Street was abandoned to provide "hammer -head" turn- arounds at the end of "T" Street. The applicant proposes to construct one new single -story multi-purpose building and one two-story classroom building, and eliminate four older buildings which are converted residential structures. It is proposed to provide on-site faculty and staff parking, and to design for adequate traffic circulation to the facilities and for a "queing" (pick-up/drop-off) area. The new facilities are proposed to retain the small-scale residential character of the present campus. It is proposed that the multi-purpose building be constructed in the summer of 1993, with the remainder of the improvements to follow in 1994 or 1995. June 15, 1993 ITEM NO.: A Continued FILE NO.: Z-5584 A. PROPOSAL/REQUEST: Review and approval by the Planning Commission of the site development plan and a recommendation to the Board of Directors of the POD with the abandonment of "T" and Glover Streets is requested. B. EXISTING CONDITIONS: The existing site consists of nine lots (six in Block 18 and three in Block 19 of Bellevue Addition), plus the abandoned right-of-way of Glover Street. There are presently eight residential structures and four former accessory buildings all being used as classrooms, storage, and office facilities. There is an unimproved alley right-of-way along the south property line. One adjacent property owner has included this alley right-of-way into his/her fenced and landscaped yard. Portions of the alley right-of-way are overgrown with heavy underbrush and weeds. There is a metal storage building on alley right-of-way in one location. The remainder of the alley is grass and trees. The site presently consists of three different zones: R-2, R-4, and 0-3. To the west and south are R-2 and R-4 zoned properties. To the north is 0-3 property. Immediately to and contiguous with the site to the east is an R-2 property, with C-3 and 0-3 properties beyond and across Watt Street. C. ENGINEERING/UTILITY COMMENTS: Little Rock Engineering Division comments that "T" Street needs to be closed, but that an in -lieu contribution for the upcoming improvements to Watt Street need to be assessed. Engineering also notes that the on -street parking on Watt Street needs to be eliminated. It is observed that the diagonal parking along the west property line must be 90 degree parking with adequate maneuvering space. The traffic circulation pattern needs thought to eliminate cross-over traffic from the parking area north of the "T" Street right-of-way conflicting with traffic to and from the "queing" pick-up/drop-off drive. The drive from the drop-off/pick-up area cannot enter "T" Street as shown. It is suggested that, if this drive is desired, additional length of "T" Street should be abandoned to include the area lying between Lots 3 and 10. 2 June 15, 1993 ITEM NO.: A Continued FILE NO.: Z-55$4 E. Little Rock Wastewater Utility reports that sewer mains are located in "T" Street and along the west property line. They caution that no structures may be constructed over the existing sewer mains. Little Rock Water Works states that there is a 2 inch water main in "T" Street, so the right-of-way will have to be retained as an easement or the main will have to be abandoned. They state that on-site fire protection may be required, in which case an 8 inch main will have to be extended to the fire hydrant. Southwestern Bell Telephone Company has approved the plat. The Fire Department requests a 20 foot minimum clearance for the width of the turnaround at the island. ISSUES/LEGAL/TECHNICAL/DESIGN: An application to abandon "T" and Glover Streets must be properly completed and filed with the City Clerk and with the Planning Office. In order to plan the driveway from the "queing" (pick- up/drop-off) area as shown, the Lot 10 property owner must agree to abandon her right-of-way in front of her residence. Otherwise, as noted in the Engineering comments, the driveway as shown is not permitted. The landscaping/buffer plan must be prepared and submitted to the Planning staff. ANALYSIS• The applicant proposes a development which, if not for the availability of a PUD ordinance, would have involved rezoning, street closing, building setback variances, conditional uses, and site plan review, and which would have required multiple reviews by the Planning Commission and Board of Directors. To deal with the complex and varied components of the proposed development, the PUD was selected whereby all the aspects could be considered as a unit. The school is an institution of long standing and, in this application, an attempt is being made to improve the facility, traffic circulation, and parking. The proposal is for the new buildings to be consistent with and retain the small-scale "neighborhood" style and "feeling" of the present campus. The new classroom building which is designated as "two-story" is, in reality, a story -and -a - half, utilizing floor area under the roof of the first floor 3 June 15, 1993 ITEM NO.: A Continued FILE NO.: Z-5684 and dormers. Both proposed buildings would be constructed to blend with the residential character of the other buildings on site and in the neighborhood and would utilize residential exterior materials. The new multi-purpose building is shown to be eight feet from the south property line. Recalling that there is a twenty foot alley to the south, there is actually more distance between the building and the neighbor's property line than is represented by the eight foot dimension. F. STAFF RECOMMENDATIONS: Staff recommends approval of the site plan and of the abandonment of the street right-of-way for "T" and Glover Streets. A utility easement should be retained on each right-of-way. Approval is conditioned on gaining signatures from all affected property owners for the abandonment of the street right-of-way for the two streets, including the owner of Lot 10, and approval by the Board of Directors. SUBDIVISION COMMITTEE COMMENT: (MAY 13, 1993) The architect, Ms. Yeary, was present to represent the applicant. The site plan and survey were presented by Staff. Ms. Yeary outlined the request. The Engineering comments regarding the driveway from the "queing" area was discussed. Ms. Yeary reported that the required Lot 10 property owner was being contacted to include her in the request to abandon "T" Street from her east property line to the west. Also, the Engineering comment regarding the deficiency of the traffic circulation pattern involving the parking lot and the "queing" area was discussed. Ms. Yeary explained that the parking lot is for faculty and staff who are not arriving and leaving when the parents are bringing their children. Traffic circulation, then, is not the problem is might appear to be. A question was raised concerning the unimproved alley along the south property line. Ms. Yeary explained that since the school does not need the half of the right-of-way which would revert to them, and since at lease one neighbor has fenced the alley, the applicant does not want to raise this issue at this time. STAFF UPDATE: The applicant owns all the property on the south side of "T" Street from Watt Street west to the dead end. The applicant also owns all but three lots on the north side; a car wash occupies the two corner lots at the north-west corner of "T" Street and 4 June 15, 1993 ITEM NO.: A (Continued) FILE NO..: Z-56$4 Watt Street, and Mrs. Louise Norton owns the third lot west of the corner. There are two properties facing Del Ray Street which are affected, the property lines of which adjoin the right-of-way line of "T" Street at its dead-end and the remaining fragments of Glover Street. According to the applicant, Mr. Norton had promised in the past to sell her property to the applicant upon her, Mrs. Norton's, death. Therefore, the applicant felt that Mrs. Norton would be amenable to participating in abandoning the right-of-way of that portion of "T" Street which lies in front of her property. The Site Plan which had been submitted by the applicant showed a drop-off/pick-up area with a traffic island in front of the proposed building which fronted on the "T" Street right-of-way. A portion of the drive way of the drive-thru and a portion of the island extended to that part of the right-of-way in front of Mrs. Norton's property. It was necessary, in order for the Site Plan to be approved as submitted, for Mrs. Norton to agree to the abandonment of the right-of-way in front of her property. The initial plans for abandonment, then, involved getting the signatures of the owners of the two properties on Del Ray Street which back onto "T" Street, and of Mrs. Norton. A deadline was immanent to get these signatures on the petition and to the City Clerk. When it was found that Mr. Norton and her two sons were unwilling to agree to the abandonment of the right-of-way in front of Mrs. Nortons residence, and when one of the property owners on Del Ray Street refused to sign the petition, the applicant felt that there was insufficient time to re -group and pursue a different course. Accordingly, on May 24, 1993, the applicant submitted a letter requesting deferral of the item until the July 13, 1993, Planning Commission hearing. This would, from information related by the applicant, cause a one-year delay in being able to build the first phase of the proposed development, since construction could not be under way during the school year. It was realized, however, that there was an alternative means of pursuing the abandonment of "T" Street and Glover Street: the process for adversarial abandonment whereby a Board of Directors member sponsors the abandonment and the matter is considered by the Board of Directors without it having been considered and recommended by the Planning Commission. The applicant appeared at the Board of Directors Agenda meeting on May 26, 1993, and at least one Board member agreed to be the sponsor of the abandonment request at the Board of Directors level. It was agreed by the Board that the matter would be on the June 1, 1993 agenda to set a public hearing for the June 15, 1993, meeting. 5 June 15, 1993 ITEM NO.: A Continued FILE NO.: Z-5684 Since the application to abandon the "T" Street and Glover Street rights-of-way was being deleted from the POD application, the POD application, it was realized, could proceed to the Planning Commission as originally scheduled. Since no formal notification of a change had been undertaken, the matter was left on the agenda for the June 1, 1993, Planning Commission hearing. At this hearing, however, Mr. Joe Norton, the son of Mrs. Louise Norton who owns the property on "T" Street, and Mrs. Danna Davis, the owner of the property on Del Ray who had refused to sign the petition to abandon the right-of-way at her back property line, related that there had been some confusion among neighbors as to the correct date for hearing of this item. Mr. Norton and Ms. Davis indicated that reports were circulating among the neighbors that the matter had been deferred. Ms. Ellen Yeary, the architect on the project who was representing the applicant, admitted that the applicant had told various neighbors, when that seemed the only course, that the matter would be deferred. After the Planning Commission hearing, Staff received a call from a neighbor to the south who also wanted to know why the hearing had been conducted despite being told by staff that the hearing was to have been deferred. This particular neighbor, a Mr. Rick Jones, had, indeed called on May 24, 1993, after the request had been received to defer the matter and before the decision was made to leave the item on the agenda, and had been told that the item was to be deferred. Mr. Jones indicated that all the neighbors on the south of the applicant's property had been planning to attend the hearing and would be in attendance at the next scheduled hearing date on this matter. PLANNING COMMISSION ACTION: (JUNE 1, 1993) Ms. Ellen Yeary, architect, was present to represent the applicant. Staff outlined the request and made the explanation that the right-of-way abandonment issue had been separated from the request and was being taken directly to the Board of Directors. Staff added that the Planning Commission may wish to make a recommendation to the Board of Directors, but that the matter was on the Board's agenda of June 1 to set a public hearing to abandon the rights-of-way of "T" and Glover Streets at the June 15, 1993, meeting date. Ms. Yeary explained that Glover Street had been abandoned in 1958, but that fragments of Glover street had been retained at the end of "T" to provide a turn -around. These fragments, plus 180 feet of "T" Street were included in the request for abandonment. Ms. Yeary explained that in the original scheme considered, more of "T" Street, an additional 50 feet to the east lying in front of Mrs. Louise Norton's home, was shown on the 6 June 15, 1993 ITEM NO.: A (Continued FILE NO.: Z-5584 plan to be abandoned. When Mrs. Norton and her sons rejected the plan, the site plan was amended to delete that portion. The proposed classroom building facing the "T" Street right-of-way has a drop-off drive-thru and traffic island in front of it, and a portion of the drive and island extended into the right-of-way in front of Mrs. Norton's. This drive and island had to be moved further west when Mrs. Norton would not agree to the street abandonment. Mr. Joe Norton, one of Mrs. Norton's sons, addressed the Commission. He responded that he and the family do not object to what Miss Selma's is trying to do, but he did have some concerns which he wanted "on the record". He related that he wanted to be sure that there was proper fencing and landscaping between his mother's property and the playground to the west. He wanted to be sure that Mrs. Selma's would maintain "T" Street after the right-of-way was abandoned. He related that traffic is a problem on "T" Street and the surrounding streets; that Miss Selma's blocks off "T" Street to use the street as a playground causing people arriving at the school to use his mother's driveway as a turn -around; and, that a church congregation is apparently using Miss Selma's facility as a meeting place on Sundays and these people use the area in front of his mother's home for parking, as well as other area properties, and this causes a great deal of inconvenience and difficulty on his mother's part in accessing her property. Mr. Norton also commented that there had been some mis-information circulated as to the hearing date. Ms. Donna Davis addressed the Commission. She identified herself as a property owner at #5 Del Ray St. which backs up to the dead-end of "T" Street and to the Glover Street right-of-way. She reported that the privacy fence which separates her property from Miss Selma's is her fence which she maintains. She complained that "kids" and cars damage the fence which she then has to repair. Ms. Davis expressed concern that she would loose her privacy with a two-story building looming over the fence at her back yard. Additionally, she was concerned about the amount of traffic on the area streets which the school generates and the vandalism and noise which the school attendees cause. Ms. Yeary explained that Miss Selma's owners had, at the point in time when it was felt that the application would have to be deferred, related that information to some of the neighbors. Some, then, might not have know that the matter was back on the originally scheduled agenda. She reported that, when Ms. Davis had refused to sign the application to abandon "T" and Glover Street rights-of-way, and when the recourse was made known to her to pursue the adverserial abandonment route, she had attended the May 26 Board of Directors agenda meeting to make the situation known to the Board and to request being able to pursue that route. The Board had expressed agreement to permit that route 7 June 15, 1993 ITEM NO.: A Continued FILE NO.: 2-5684 and a Board member agreed to sponsor the application to place the request on the June 1 agenda to set a public hearing for the abandonment for the June 15 meeting. Ms. Yeary responded to Ms. Davis' concern about the two-story building overlooking Ms. Davis' back yard with the explanation that the building is designed as a story and a half, with a hip roof and dormers to retain the one-story look of the neighborhood. Deputy City Attorney Giles and Neighborhoods and Planning Director Lawson confirmed the process of adverserail abandonment and the setting of the dates cited. Ms. Yeary concluded her remarks by indicating that the applicant was attempting to "get it done right" in the application to deal with a complex site plan involving proposed buildings which would cross platted property lines. Commissioners, however, expressed concerns about the "two-story" building and asked if Ms. Yeary had any exterior elevations of the building. Ms. Yeary responded that she did have the elevations, but that she had not brought them to the hearing. Commissioners indicated that it would be important to them to view the elevations, and asked if Ms. Yeary would consider a deferral to the June 15, 1993 Planning Commission hearing in order for her to both present the elevations and to meet with neighbors to try to resolve their concerns. Ms. Yeary indicated that she would make the request to defer the matter to the June 15 hearing date. It was moved and seconded to accept this request, and the motion was approved by a vote of nine ayes and no nays. PLANNING COMMISSION ACTION: (JUNE 15, 1993) Ms. Yeary, the architect for the development, and the applicants, Michael and Robin Smith, were present. Staff indicated that the item had been deferred from the June 1, 1993, hearing in order for the architect to prepare and present exterior elevations of the proposed buildings, and to allow time for the applicants and the architect to meet with concerned neighbors. Staff related that there had been a meeting on Thursday evening, June 10, to which all adjoining property owners had been invited. Staff also reported that the applicant had indicated that the property owner of the one remaining residential property on "T" Street, Mrs. Norton, who had appeared, along with her two sons, in objection to the project at the previous Planning Commission hearing, had agreed to sell her property to the applicant. Accordingly, the site plan and the amount of "T" Street which would be included in the request to the Board of Directors for abandonment would be amended. 8 June 15, 1993 ITEM NO.: A Continued FILE NO.:—Z-5684 Mrs. Yeary presented the renderings which she had prepared. She presented the exterior elevations of each of the two proposed buildings and an overlay showing the view of the buildings from the adjoining properties with the existing trees in place. She reiterated the proposals indicated in site development plan and related that the applicants would be willing to construct an eight (8) foot privacy fence along the south property line and along a portion of the west property line to include that part of the property line lying south of the north "T" Street right-of-way line. Mrs. Donna Davis, who resides on Del Ray and whose rear property line abuts the Miss Selma's property, and who spoke in objection to the proposal at the June 1 hearing, addressed the Commission. She indicated that she had been present at the neighborhood meeting, but that she still objected to the proposal. She related that she objected to the additional loss of privacy for herself and to the increased traffic in the area. Mrs. Smith, the applicant, reported that there is a McDonalds restaurant a block away at Watt St. and Cantrell Road and another private school a block to the south. She reported that Watt Street was being used as a "cut -through" for traffic going into the areas to the south; that not all the traffic, then, is being generated by her facility. She concurred with Mrs. Yeary's statement that she would be willing to construct an eight (8) foot privacy fence, and that the solid board facing could be on her side, or on the adjoining property owner's side, or on both sides, as required by the neighbors. Staff reported that Watt Street was scheduled for reconstruction in the current street improvement program, and would be build to collector standards. The motion was made and seconded to recommend approval of the establishment of the Planned Office Development. The motion carried by a unanimous vote of the members present with 9 ayes and 0 nays. 64 June 1, 19 9 3 .ITEM NO.: 2 FILE NO.: 2-5584 DAME: MISS SELMA'S SCHOOLS - SHORT -FORM POD AND ABANDONMENT OF PORTIONS OF "T" STREET AND GLOVER STREET LOCATION: 7819 "T" Street DEVELOPER: ARCHITECT: MICHAEL B. AND ROBIN R. SMITH ELLEN POWELL YEARY 7819 "T" Street 1012 West 2nd Little Rock, AR 72207 Little Rock, AR 72201 225-0123 372-5940 AREA: 1.93 ACRES NUMBER OF LOTS: I FT. -NEW STREET: 0 ZONING: R-2 to POD PROPOSED USES: Private preschool and R-4 elementary school O-3 PLANNING DISTRICT: 3 CENSUS TRACT: 22.03 VARIANCES REOURSTED: None STATEMENT OF PRQPO�9,AL: The applicant proposes the establishment of a POD to encompass the site presently occupied by the applicant's "Miss Selma's Schools"; the abandonment of the "T" Street right-of-way from where "T" Street enters the boundary of the applicant's property to its dead-end; and, the abandonment of two fragments of the Glover Street right-of-way which were retained when the remainder of Glover Street -was abandoned to provide "hammer -head" turn- arounds at the end of "T" Street. The applicant proposes to construct one new single -story multi-purpose building and one two-story classroom building, and eliminate four older buildings which are converted residential structures. It is proposed to provide on-site faculty and staff parking, and to design for adequate traffic circulation to the facilities and for a "queing" (pick-up/drop-off) area. The new facilities are proposed to retain the small-scale residential character of the present campus. It is proposed that the multi-purpose building be constructed in the summer of 1993, with the remainder of the improvements to follow in 1994 or 1995. June 1, 1993 SUBDIVISIQ ITEM NO.: 2 Continued FILE NO.: Z-5684 A. PROPOSAL/REQUE$T: Review and approval by the Planning Commission of the site development plan and a recommendation to the Board of Directors of the POD with the abandonment of "T" and Glover Streets is requested. B. EXISTING CONDITIONS: The existing site consists of nine lots (six in Block 18 and three in Block 19 of Bellevue Addition), plus the abandoned right-of-way of Glover Street. There are presently eight residential structures and four former accessory buildings all being used as classrooms, storage,` and office facilities. There is an unimproved alley right-of-way along the south property line. One adjacent property owner has included this alley right-of-way into his/her fenced and landscaped yard. Portions of the alley right-of-way are overgrown with heavy underbrush and weeds. There is a metal storage building on alley right-of-way in one location. The remainder of the alley is grass and trees. The site presently consists of three different zones: R-2, R-4, and 0-3. To the west and south are R-2 and R-4 zoned properties. To the north is 0-3 property. Immediately to and contiguous with the site to the east is an R-2 property, with C-3 and 0-3 properties beyond and across Watt Street. C. ENGINEERING/UTILITY COMMENTS: Little Rock Engineering Division comments that "T" Street needs to be closed, but that an in -lieu contribution for the upcoming improvements to Watt Street need to be assessed. Engineering also notes that the on -street parking on Watt Street needs to be eliminated. It is observed that the diagonal parking along the west property line must be 90 degree parking with adequate maneuvering space. The traffic circulation pattern needs thought to eliminate cross-over traffic from the parking area north of the "T" Street right-of-way conflicting with traffic to and from the "queing" pick-up/drop-off drive. The drive from the drop-off/pick-up area cannot enter "T" Street as shown. It is suggested that, if this drive is desired, additional length of "T" Street should be abandoned to include the area lying between Lots 3 and 10. 2 June 1, 1993 SUBDIVISION ITEM N Continued FILE NO.: Z-5584 Little Rock Wastewater Utility reports that sewer mains are located in "T" Street and along the west property line. They caution that no structures may be constructed over the existing sewer mains. Little Rock Water Works states that there is a 2 inch water main in "T" Street, so the right-of-way will have to be retained as an easement or the main will have to be abandoned. They state that on-site fire protection may be required, in which case an 8 inch main will have to be extended to the fire hydrant. Southwestern Bell Telephone Company has approved the plat. The Fire Department requests a 20 foot minimum clearance for the width of the turnaround at the island. D. ISSUES LEGAL TECHNICAL DESIGN: An application to abandon "T" and Glover Streets must be properly completed and filed with the City Clerk and with the Planning Office. In order to plan the driveway from the "queing" (pick- up/drop-off) area as shown, the Lot 10 property owner must agree to abandon her right-of-way in front of her residence. Otherwise, as noted in the Engineering comments, the driveway as shown is not permitted. The landscaping/buffer plan must be prepared and submitted to the Planning staff. E. ANALYSIS• The applicant proposes a development which, if not for the availability of a PUD ordinance, would have involved rezoning, street closing, building setback variances, conditional uses, and site plan review, and which would have required multiple reviews by the Planning Commission and Board of 'Directors. To deal with the complex and varied components of the proposed development, the PUD was selected whereby all the aspects could be considered as a unit. The school is an institution of long standing and, in this application, an attempt is being made to improve the facility, traffic circulation, and parking. The proposal is for the new buildings to be consistent with and retain the small-scale "neighborhood" style and "feeling" of the present campus. The new classroom building which is designated as "two-story" is, in reality, a story -and -a - half, utilizing floor area under the roof of the first floor 01 June 1, 1993 ITEM NO.: 2 ( Cont injigd ) FILE NO _Z - 5.5_$4 and dormers. Both proposed buildings would be constructed to blend with the residential character of the other buildings on site and in the neighborhood and would utilize residential exterior materials. The new multi-purpose building is shown to be eight feet from the south property line. Recalling that there is a twenty foot alley to the south, there is actually more distance between the building and the neighbor's property line than is represented by the eight foot dimension. F. STAFF RECOMMENDATIONS: Staff recommends approval of the site plan and of the abandonment of the street right-of-way for "T" and Glover Streets. A utility easement should be retained on each right-of-way. Approval is conditioned on gaining signatures from all affected property owners for the abandonment of the street right-of-way for the two streets, including the owner of Lot 10, and approval by the Board of Directors. ,SUBDIVISION COMMITTEE COMMENT: (MAY 13, 1993) The architect, Ms. Yeary, was present to represent the applicant. The site plan and survey were presented by Staff. Ms. Yeary outlined the request. The Engineering comments regarding the driveway from the "queing" area was discussed. Ms. Yeary reported that the required Lot 10 property owner was being contacted to include her in the request to abandon "T" Street from her east property line to the west. Also, the Engineering comment regarding the deficiency of the traffic circulation pattern involving the parking lot and the "queing" area was discussed. Ms. Yeary explained that the parking lot is for faculty and staff who are not arriving and leaving when the parents are bringing their children. Traffic circulation, then, is not the problem is might appear to be. A question was raised concerning the unimproved alley along the south property line. Ms. Yeary explained that since the school does not need the half of the right-of-way which would revert to them, and since at lease one neighbor has fenced the alley, the applicant does not want to raise this issue at this time. STAFF UPDATE: The applicant owns all the property on the south side of "T" Street from Watt Street west to the dead end. The applicant also owns all but three lots on the north side; a car wash occupies the two corner lots at the north-west corner of "T" Street and 4 June 1, 1993 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: Z-5684 Watt Street, and Mrs. Louise Norton owns the third lot west of the corner. There are two properties facing Del Ray Street which are affected, the property lines of which adjoin the right-of-way line of "T" Street at its dead-end and the remaining fragments of Glover Street. According to the applicant, Mr. Norton had promised in the past to sell her property to the applicant upon her, Mrs. Norton's, death. Therefore, the applicant felt that Mrs. Norton would be amenable to participating in abandoning the right-of-way of that portion of "T" Street which lies in front of her property. The Site Plan which had been submitted by the applicant showed a drop-off/pick-up area with a traffic island in front of the proposed building which fronted on the "T" Street right-of-way. A portion of the drive way of the drive-thru and a portion of the island extended to that part of the right-of-way in front of Mrs. Norton's property. It was necessary, in order for the Site Plan to be approved as submitted, for Mrs. Norton to agree to the abandonment of the right-of-way in front of her property. The initial plans for abandonment, then, involved getting the signatures of the owners of the two properties on Del Ray Street which back onto "T" Street, and of Mrs. Norton. A deadline was immanent to get these signatures on the petition and to the City Clerk. When it was found that Mr. Norton and her two sons were unwilling to agree to the abandonment of the right-of-way in front of Mrs. Nortons residence, and when one of the property owners on Del Ray Street refused to sign the petition, the applicant felt that there was insufficient time to re -group and pursue a different course. Accordingly, on May 24, 1993, the applicant submitted a letter requesting deferral of the item until the July 13, 1993, Planning Commission hearing. This would, from information related by the applicant, cause a one-year delay in being able to build the first phase of the proposed development, since construction could not be under way during the school year. It was realized, however, that there was an alternative means of pursuing the abandonment of "T" Street and Glover Street: the process for adversarial abandonment whereby a Board of Directors member sponsors the abandonment and the matter is considered by the Board of Directors without it having been considered and recommended by the Planning Commission. The applicant appeared at the Board of Directors Agenda meeting on May 26, 1993, and at least one Board member agreed to be the sponsor of the abandonment request at the Board of Directors level. It was agreed by the Board that the matter would be on the June 1, 1993 agenda to set a public hearing for the June 15, 1993, meeting. 5 June 1, 1993 SDIVI 1 N ITEM N 2 Continued FILE NO.: Z-5684 Since the application to abandon the "T" Street and Glover Street rights-of-way was being deleted from the POD application, the POD application, it was realized, could proceed to the Planning Commission as originally scheduled. Since no formal notification of a change had been undertaken, the matter was left on the agenda for the June 1, 1993, Planning Commission hearing. At this hearing, however, Mr. Joe Norton, the son of Mrs. Louise Norton who owns the property on "T" Street, and Mrs. Danna Davis, the owner of the property on Del Ray who had refused to sign the petition to abandon the right-of-way at her back property line, related that there had been some confusion among neighbors as to the correct date for hearing of this item. Mr. Norton and Ms. Davis indicated that reports were circulating among the neighbors that the matter had been deferred. Ms. Ellen Yeary, the architect on the project who was representing the applicant, admitted that the applicant had told various neighbors, when that seemed the only course, that the matter would be deferred. After the Planning Commission hearing, Staff received a call from a neighbor to the south who also wanted to know why the hearing had been conducted despite being told by staff that the hearing was to have been deferred. This particular neighbor, a Mr. Rick Jones, had, indeed called on May 24, 1993, after the request had been received to defer the matter and before the decision was made to leave the item on the agenda, and had been told that the item was to be deferred. Mr. Jones indicated that all the neighbors on the south of the applicant's property had been planning to attend the hearing and would be in attendance at the next scheduled hearing date on this matter. PLANNING COMMISSION ACTION: (JUNE 1, 1993) Ms. Ellen Yeary, architect, was present to represent the applicant. Staff outlined the request and made the explanation that the right-of-way abandonment issue had been separated from the request and was being taken directly to the Board of Directors. Staff added that the Planning Commission may wish to make a recommendation to the Board of Directors, but that the matter was on,the Board's agenda of June 1 to set a public hearing to abandon the rights-of-way of "T" and Glover Streets at the June 15, 1993, meeting date. Ms. Yeary explained that Glover Street had been abandoned in 1958, but that fragments of Glover street had been retained at the end of "T" to provide a turn -around. These fragments, plus 180 feet of "T" Street were included in the request for abandonment. Ms. Yeary explained that in the original scheme considered, more of "T" Street, an additional 50 feet to the east lying in front of Mrs. Louise Norton's home, was shown on the 6 June 1, 1993 SUBDIVTSTON ITEM NO.: 2 [Continued] FILE NO.: Z-5684 plan to be abandoned. When Mrs. Norton and her sons rejected the plan, the site plan was amended to delete that portion. The proposed classroom building facing the "T" Street right-of-way has a drop-off drive-thru and traffic island in front of it, and a portion of the drive and island extended into the right-of-way in front of Mrs. Norton's. This drive and island had to be moved further west when Mrs. Norton would not agree to the street abandonment. Mr. Joe Norton, one of Mrs. Norton's sons, addressed the Commission. He responded that he and the family do not object to what Miss Selma's is trying to do, but he did have some concerns which he wanted "on the record". He related that he wanted to be sure that there was proper fencing and landscaping between his mother's property and the playground to the west. He wanted to be sure that Mrs. Selma's would maintain "T" Street after the right-of-way was abandoned. He related that traffic is a problem on "T" Street and the surrounding streets; that Miss Selma's blocks off "T" Street to use the street as a playground causing people arriving at the school to use his mother's driveway as a turn -around; and, that a church congregation is apparently using Miss Selma's facility as a meeting place on Sundays and these people use the area in front of his mother's home for parking, as well as other area properties, and this causes a great deal of inconvenience and difficulty on his mother's part in accessing her property. Mr. Norton also commented that there had been some mis-information circulated as to the hearing date. Ms. Donna Davis addressed the Commission. She identified herself as a property owner at #5 Del Ray St. which backs up to the dead-end of "T" Street and to the Glover Street right-of-way. She reported that the privacy fence which separates her property from Miss Selma's is her fence which she maintains. She complained that "kids" and cars damage the fence which she then has to repair. Ms. Davis expressed concern that she would loose her privacy with a two-story building looming over the fence at her back yard. Additionally, she was concerned about the amount of traffic on the area streets which the school generates and the vandalism and noise which the school attendees cause. Ms. Yeary explained that Miss Selma's owners had, at the point in time when it was felt that the application would have to be deferred, related that information to some of the neighbors. Some, then, might not have know that the matter was back on the originally scheduled agenda. She reported that, when Ms. Davis had refused to sign the application to abandon "T" and Glover Street rights-of-way, and when the recourse was made known to her to pursue the adverserial abandonment route, she had attended the May 26 Board of Directors agenda meeting to make the situation known to the Board and to request being able to pursue that route. The Board had expressed agreement to permit that route 7 June 1, 1993 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: Z-5.684 and a Board member agreed to sponsor the application to place the request on the June 1 agenda to set a public hearing for the abandonment for the June 15 meeting. Ms. Yeary responded to Ms. Davis' concern about the two-story building overlooking Ms. Davis' back yard with the explanation that the building is designed as a story and a half, with a hip roof and dormers to retain the one-story look of the neighborhood. Deputy City Attorney Giles and Neighborhoods and Planning Director Lawson confirmed the process of adverserail abandonment and the setting of the dates cited. Ms. Yeary concluded her remarks by indicating that the applicant was attempting to "get it done right" in the application to deal with a complex site plan involving proposed buildings which would cross platted property lines. Commissioners, however, expressed concerns about the "two-story" building and asked if Ms. Yeary had any exterior elevations of the building. Ms. Yeary responded that she did have the elevations, but that she had not brought them to the hearing. Commissioners indicated that it would be important to them to view the elevations, and asked if Ms. Yeary would consider a deferral to the June 15, 1993 Planning Commission hearing in order for her to both present the elevations and to meet with neighbors to try to resolve their concerns. Ms. Yeary indicated that she would make the request to defer the matter to the June 15 hearing date. It was moved and seconded to accept this request, and the motion was approved by a vote of nine ayes and no nays. 8