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HomeMy WebLinkAboutG-23-479 BOD Action Letter - Ordinance 010422Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 December 17, 2021 Crafton Tull Brad Peterson 10825 Financial Centre Parkway, Suite 300 Little Rock, AR 72211 Re: West 2nd Street and Alley — ROW Abandonment (G-23-479) Dear Mr. Peterson: Planning Development Building Codes Enclosed please find a copy of the Ordinance passed by the Board of Directors on December 7, 2021, which abandoned the above referenced right-of-way as approved by the Planning Commission at their October 14, 2021 Public Hearing. If you have any questions concerning this Ordinance, please call me at 371-4792. Sincerely, Monte Moore Development Administrator MM: as 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ,1��11111111111l/IIf 1 1? c, rrrrf > _LU = Ln - 1i7 n Nlllll�llll�llii�llillll Illi� �I�Ik �II 2021089280 PRESENTED 12-16-202109:5159AM RECORDED:12-16-2021 09:58:38AM ORDINANCE NO. 2210cial Records of Terri Hollingsworth Circuit/County Clerk �ULASKI CO, AR FEE $20 00 TO ABANDON THAT PORTION OF THE WEST 2ND STREET AND ALLEY PARTIAL RIGHT-OF-WAY, LOCATED ADJACENT TO, AND WITHIN, BLOCK 5, UNION DEPOT ADDITION, IMMEDIATELY EAST OF THE WEST 2ND STREET & SOUTH BATTERY STREET INTERSECTION IN THE CITY OF LITTLE ROCK, ARKANSAS (G-23-479); AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock proposes to abandon the fifty (50)-foot wide West 211d Street right-of-way, between South Battery Street and the alley right-of-way within Block 5, Union Depot Addition, and the south ninety-one (91) feet of the fourteen (14)-foot wide alley right-of-way within Block 5, Union Depot Addition, immediately east of the West 211d Street & South Battery Street intersection in the City of Little Rock, Arkansas (G-23-479); and, WHEREAS, the abandonment is proposed to incorporate the properties to the east, west and south for future development, the areas of abandonment are currently undeveloped with some site work 17 completed over the past several years; and, 18 WHEREAS, a letter from an abstract company refers to a reversionary clause for the rights -of -way 19 in favor of Sam W. Rayburn, Trustee, and the applicant is currently working with their legal counsel to 20 determine the current ownership implications of the reversionary clause; and, 21 WHEREAS, several of the public utility companies request that all, or parts, of the area of 22 abandonment be retained as a utility easement; and, 23 WHEREAS, the Engineering Division has reviewed and requests that the areas of abandonment be 24 retained as a drainage easement; and, 25 WHEREAS, there are no Master Street Plan issues associated with this abandonment request, as the 26 right-of-way is not classified as a collector street or higher; and, 27 WHEREAS, abandoning this portion of right-of-way will have no adverse impact on the public 28 welfare and safety. 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 30 OF LITTLE ROCK, ARKANSAS: 31 Section 1. The City of Little Rock, hereby releases, vacates, and abandons a portion of the West 2nd 32 Street right-of-way and an alley right-of-way as follows: 33 [Page 1 of 21 1 1. The fifty (50)-foot wide West 2"d Street right-of-wa,y located between South Battery Street 2 right-of-way and the alley right-of-way within Block 5, Union Depot Addition 3 (approximately 149 linear -feet). 4 2. The south ninety-one (91) feet of the fourteen (14)-foot wide alley right-of-way, located 5 within Block 5, Union Depot Addition, between Lots 5/6 and Lots 7/8, Block 5, Union Depot 6 Addition. 7 The areas of abandonment will be incorporated into the properties to the east, west and south for future 8 development. The areas of abandonment are currently undeveloped. Some site work has taken place 9 around these areas over the past several years. 10 Section 2. A copy of this ordnance duly certified by the City Clerk, shall be filed in the Real Estate 11 Records of the Recorder of the Circuit Clerk in Ex-Officio Recorder of Pulaski County, Arkansas. 12 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, 13 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 14 unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this 15 ordinance, as if such invalid or unconstitutional provision was not originally a part of this ordinance. 16 Section 4. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this 17 ordinance are hereby repealed to the extent of such inconsistency. 18 PASSED: December 7, 2021 19 ATTE ' APPROVED: 20 21 22 a a le , City Clerk Frank Scott, Ji May 23 APP TO LEGAL FORM: 24 A- 25 04 26 Thomas M. Carpenter, City Attorney 27 28 29 30 31 32 33 // 34 35 [Page 2 of 21 Area Zoning City of Little Rock Planning & Development Case: G-23-479 Location: West 2nd St. at S. Battery Street Ward: 3 N PD: 4 CT:48 0 125 250 TRS: T1 N R12W 4 Feet OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION DECEMBER 7, 2021 AGENDA Subject West 2nd Street and alley — Partial Right -of -Way Abandonment, located adjacent to and within Block 5, Union Depot Addition (immediately east of the West 2nd Street/ S. Battery Street intersection). (G-23-479) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required Ordinance Resolution Approval Information Report Approved By Bruce Moore City Manager The applicant requests to abandon the 50 foot wide West 2nd Street right-of-way between S. Battery Street and the alley right-of-way within Block 5, Union Depot Addition, and the south 91 feet of the 14 foot wide alley right-of-way within Block 5, Union Depot Addition (immediately east of the West 2nd Street/S. Battery Street intersection). I None Approval of the Ordinance The applicant proposes to abandon a portion of the West 2nd Street right-of-way and an alley right-of-way as follows: 1. The 50 foot wide West 2" Street right-of-way located between S. Battery Street right-of-way and the alley right-of-way within Block 5, Union Depot Addition (approximately 149 linear feet). BACKGROUND CONTINUED 2. The south 91 feet of the 14 foot wide alley right-of-way located within Block 5, Union Depot Addition (between Lots 5/6 and Lots 7/8, Block 5, Union Depot Addition). The areas of abandonment will be incorporated into the properties to the east, west and south for future development. The areas of abandonment are currently undeveloped. Some site work has taken place around these areas over the past several years. A letter from an abstract company refers to a reversionary clause for the rights -of -way in favor of Sam W. Rayburn, Trustee. The applicant is currently working with their legal counsel to determine the current ownership implications of the reversionary clause. Several of the public utility companies request that all or parts of the area of abandonment be retained as a utility easement. The engineering division requests that the areas of abandonment be retained as a drainage easement. Therefore, the entire areas of abandonment will be retained as a utility and drainage easement. There are no Master Street Plan issues, as the areas of abandonment are not classified as collector streets or higher. Abandoning these rights -of -way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department submitted no negative comments to the proposed abandonment request. On October 14, 2021, the Planning Commission voted 10 ayes, 0 noes, 0 absent and 1 open position, as part of the Consent Agenda, to approve the right-of-way abandonment. There were no objectors present. All owners of property located within 200 feet of the site and all neighborhood associations registered with The City of Little Rock were notified of the public hearing. Please see the attached Planning Commission minute record for the complete staff analysis. 2 FILE NO.: G-23-479 NAME: West 211 Street and Alley — Partial Right -of -Way Abandonment LOCATION: Adjacent to and within Block 5, Union Depot Addition (West 2"d Street and S. Battery Street) DEVELOPER: TJM Third and Bishop Properties, LLC 501 Woodlane Street, Suite 105 Little Rock, AR 72201 OWNERIAUTHORIZED AGENT: TJM Third and Bishop Properties, LLC — Adjacent Owner Bradley A. Peterson. — Agent SURVEYOR/ENGINEER: Crafton Tull 10825 Financial Centre Parkway, Suite 300 Little Rock, AR 72211 AREA: 0.199 acre WARD: 3 CURRENT ZONING Variance/Waivers: NUMBER OF LOTS: N/A PLANNING DISTRICT: 4 N/A None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: N/A CENSUS TRACT: 48 The applicant requests to abandon the 50 foot wide West 2nd Street right-of-way between S. Battery Street and the alley right-of-way within Block 5, Union Depot Addition, and the south 91 feet of the 14 foot wide alley right-of-way within Block 5, Union Depot Addition. FILE NO.: G-23-479 Cont. B. EXISTING CONDITIONS: The area of abandonment is currently undeveloped. Some site work has taken place around this area over the last several years. C. NEIGHBORHOOD COMMENTS: All owners of property abutting the site and all neighborhood associations registered with The City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Easements are required to be provided for all storm water drainage. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Please verify the existing sewer lines. Retain a 10' sewer easement for all existing mains. Enteray: Entergy has existing overhead primary in this area that serves customers on S. Battery Street. CenterPoint Energy: CenterPoint has a small segment of existing gas main along the south side of 2nd Street. Retain utility easement over this area. Otherwise, all the remaining areas can have their ROW abandoned. AT & T: No objection to abandonment. Central Arkansas Water: Regarding the proposed ROW abandonment, Central Arkansas Water Approves with the following comments: The ROW abandonment is contingent on the participation of the relocation/replacement of the 24" main located within said ROW in the amount of $25,000. • Easements will be provided for all existing and future water utilities that would otherwise be with in the described ROW that is to be abandoned. • All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with 2 FILE NO.: G-23-479 Cont. a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol.1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. 3 FILE NO.: G-23-479 Cont. 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. One- or Two -Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two -Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region -Metro: No comments received. Planninq Division: No comments. 4 FILE NO.: G-23-479 (Cont.) H. ANALYSIS: The applicant proposes to abandon a portion of the West 2"d Street right-of-way and an alley right-of-way as follows: 1. The 50 foot wide West 2nd Street right-of-way located between S. Battery Street right-of-way and the alley right-of-way within Block 5, Union Depot Addition (approximately 149 linear feet). 2. The south 91 feet of the 14 foot wide alley right-of-way located within Block 5, Union Depot Addition (between Lots 5/6 and Lots 7/8, Block 5, Union Depot Addition). The areas of abandonment will be incorporated into the properties to the east, west and south for future development. The areas of abandonment are currently undeveloped. Some site work has taken place around these areas over the past several years. A letter from an abstract company refers to a reversionary clause for the rights -of -way in favor of Sam W. Rayburn, Trustee. The applicant is currently working with their legal counsel to determine the current ownership implications of the reversionary clause. Several of the public utility companies request that all or parts of the area of abandonment be retained as a utility easement. The engineering division requests that the areas of abandonment be retained as a drainage easement. Therefore, the entire areas of abandonment will be retained as a utility and drainage easement. There are no Master Street Plan issues, as the areas of abandonment are not classified as collector streets or higher. Abandoning these rights -of -way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department submitted no negative comments to the proposed abandonment request. STAFF RECOMMENDATION: Staff recommends approval of the requested right-of-way abandonment, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D and E of the staff analysis. 2. The entire area of abandonment must be retained as a utility and drainage easement. 5 FILE NO.: G-23-479 Gant. PLANNING COMMISSION ACTION: (OCTOBER 14, 2021) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 nays and 0 absent and 1 open position.