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HomeMy WebLinkAboutPC Action Letter - Deferred to May 050422Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 April 21, 2022 Andrew Francis 2311 Biscayne Drive Little Rock, AR 72227 Re: File No. G-23-484 West19th Street — ROW Abandonment Dear Mr. Francis: Planning Development Building Codes This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on April 14, 2022: Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. X Deferred to the May 12, 2022 Meeting. Other: If you have any questions please do not hesitate to contact me at 371-4792. Respectfully, n e ogre Development Administrator April 14, 2022 ITEM NO.: 2 FILE NO.: G-23-484 NAME: West 19t' Street— Right -of -Way Abandonment LOCATION: Immediately east of Leander Street and north of 1901 Leander Street APPLICANT: Nicolas Berjot and Aline Andres 1901 Leander Street Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Nicolas Berjot — Adjacent Owner Andrew V. Francis — Agent SURVEYOR/ENGINEER: Arrow Surveying 550 Edgewood Drive, Suite 592B Maumelle, AR 72113 AREA: N/A WARD: 6 CURRENT ZONING VARIANCE/WAIVERS: NUMBER OF LOTS: N/A PLANNING DISTRICT: 10 N/A None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: N/A CENSUS TRACT: 24.03 The applicant requests to abandon a portion of the 27 foot wide West 19th Street right-of-way, located between Lot 12, Block 8 and Lot 7, Block 5, Blankenship Addition (immediately north of 1901 Leander Street). B. EXISTING CONDITIONS: The right-of-way area proposed for abandonment is currently undeveloped. A garage, driveway and fence for the property at 1901 Leander Street is located in the right-of-way area. The improvements in the right-of-way were placed there by a previous owner(s), and have been there for over 18 years. April 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: G-23-484 C. NEIGHBORHOOD NOTIFICATIONS: All neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation_ Authority: LRWRA has no objection to this abandonment. Enter : Entergy has no facilities in this ROW and approves of this ROW abandonment. Summit Utilities: Summit Utilities does not object to the proposed ROW abandonment. AT & T: AT&T approves the request to abandon city right-of-way of the undeveloped portion of 19th St. at Leander Dr. in the Blankenship Addition to the City of Little Rock. Central Arkansas Water: CAW does not have public facilities in the area of the requested abandonment. CAW has no objections to the requested ROW abandonment. 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 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. Parks and Recreation: No comments received_ County Planning: No comments. 2 April 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: G-23-484 F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING. Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant requests to abandon a portion of the 27 foot wide West 19th Street right-of-way, located between Lot 12, Block 8 and Lot 7, Block 5, Blankenship Addition (immediately north of 1901 Leander Street). The applicant is requesting abandonment of approximately 140 linear feet of the right-of-way, running east from Leander Street. The right-of-way area proposed for abandonment is currently undeveloped. A garage, driveway and fence for the property at 1901 Leander Street is located in the right-of-way area. The improvements in the right-of-way were placed there by a previous owner(s), and have been there for over 18 years. A letter from an abstract company makes the following comment with respect to reversionary clause(s) for the right-of-way to be abandoned: "The plat does not contain a reversionary rights clause and a search of the records did not disclose any reversionary rights after the filing of the plat." None of the public utility companies object to the abandonment request. Additionally, none of the public utility companies request any portion of the right- of-way to be retained as an easement. There are no Master Street Plan issues, as the area of abandonment is not classified as a collector street or higher. Abandoning this right-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 does not support the requested right-of-way abandonment. Staff believes that this type of abandonment request should include an entire section of roadway, 3 April 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: G-23-484 and not just a portion of it. In this case, staff believes the abandonment request should be for the West 19t" Street right-of-way from Leander Street to the east to Caruth Street (platted/undeveloped), an entire block section of the right-of-way. It is staff's opinion that the east half of the West 19t" Street right-of-way between Leander and Caruth Streets should not be left as right-of-way if the remainder of the one (1) block long right-of-way is abandoned. It will serve no real purpose to abandon only half of this block long right-of-way. If the applicant revises the application (with required supporting documentation), staff will support the abandonment request. STAFF RECOMMENDATION: Staff recommends denial of the requested right-of-way abandonment. PLANNING COMMISSION ACTION: (APRIL 14, 2022) Staff informed the Commission that the applicant requested the application be deferred to the May 12, 2022 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the May 12, 2022 agenda. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. 4