HomeMy WebLinkAboutPC Action Letter - Recommended Approval As Submitted 061522!b 'IFNI
Department of Planning and Development
r- 723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone:(501 )371-4790 Fax: (501 )399-3435
June 15, 2022
Andrew V. Francis
2311 Biscayne Drive, Suite 120
Little Rock, AR 72227
Re: File No. G-23-484
West 19th 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 June 9, 2022:
Approved with conditions.
Recommended approval with conditions.
X Recommended approval as submitted.
Denied your request as submitted.
Deferred to the
Other:
Meeting.
This item will be forwarded to the Little Rock Board of Directors for final action. You or
your representative will need to be present at the Board of Directors meeting to
address any questions which may arise. The meeting date has tentatively been set
for July 19, 2022. The meeting begins at 6:00 pm and is held in the Centre at University
Park, 6401 West 12t" Street. If you have any questions please do not hesitate to contact
me at 371-4792.
Respectfully,
VMontore
Development Administrator
June 9, 2022
ITEM NO.: A FILE NO.: G-23-484
NAME: West 19th 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.
June 9, 2022
ITEM NO.: A 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. UTILITIESIFIRE DEPARTMENTIPARKSICOUNTY 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.
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June 9, 2022
ITEM NO.: A 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.
Planninq 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.
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June 9, 2022
ITEM NO.: A Cont. FILE NO., G-23-484
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,
and not just a portion of it. In this case, staff believes the abandonment request
should be for the West 19th 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 19th 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.
PLANNING COMMISSION ACTION: (MAY 12, 2022)
Staff informed the Commission that the applicant requested the application be deferred
to the June 9, 2022 agenda. Staff supported the deferral request. The item was placed
on the consent agenda and deferred to the June 9, 2022 agenda. The vote was 10 ayes,
0 nays, 0 absent and 1 open position.
STAFF UPDATE
The applicant submitted a letter to staff on April 12, 2022 revising the proposed right-of-
way abandonment application by providing an easement for a turnaround for the
remaining (east) portion of the West 19th Street right-of-way.
The proposed easement for the future hammerhead turnaround will be located on the
north side of the remaining (east) portion of the West 19th Street right-of-way on property
also owned by the applicants Nicolas Berjot and Aline Andres. The easement for the
future turnaround will be 20 feet in width and 50 feet in length and will be located within
Lot 5, Block 5, Blankenship Addition.
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June 9, 2022
ITEM NO.: A Cont. FILE NO.: G-23-484
The proposed easement for a turnaround for the remaining (east) portion of West 19th
Street satisfies staffs concern, and staff is now in support of the application.
REVISED STAFF RECOMMENDATION:
Staff recommends approval of the requested West 19th Street right-of-way abandonment.
None of the public utility companies request any portion of the right-of-way to be retained
as an easement.
PLANNING COMMISSION ACTION: (JUNE 9, 2022)
Andy Francis was present representing the applicant. There were two (2) objectors
present. Staff presented the application with a recommendation of approval.
Aaron Heffington addressed the commission in opposition stating that he owned the
property to the southeast of the ROW in question and that abandonment of the ROW will
deny him access to the property. He also stated that it is a requirement that all the
adjacent landowners provide written consent for a ROW to be abandoned and he was not
notified nor gave consent.
Mike Marlar addressed the Commission in opposition of the application. He stated that
the closure of the ROW and subsequent closure of 19th street will disable the land owner
from access to the property and possible future development.
There was a discussion by the PC regarding the current access options for the property,
closure of 19th street, and right of continued use of an abandoned ROW in the future.
There was a motion to approve the application as recommended by staff, including all
staff comments and conditions. The motion passed by a vote of 10 ayes, 1 nay, and
1 open position. The application was approved.
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