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HomeMy WebLinkAboutS-0326-J Staff AnalysisJanuary 13, 1987 SUBDIVISIONS Item No. C NAME: Lots 5 and 6, Block "AR," Westpark Development LOCATION: West Side of 1300 Block of Westpark Drive r%c.erL+T nnIOT3 . RMnTR RRQ e Westpark II Partnership Summerlin Associates, Inc. 10121 Rodney Pahram 1609 Broadway Little Rock, AR 72211 Little Rock, AR 72206 Phone: 221-3224 Phone: 376-1323 AREA: 2.79 Acres NO. OF LOTS: 2 FT._NEW STREET: 0 ZONING: "I-2" PROPOSED USE: Office/Warehouse PLANNING DISTRICT: Boyle Park District CENSUS TRACT: 21.02 A. Proposal/Request: 1. To replat 2.79 acres into two lots for office/warehouse use. B. Existing Conditions: 1. Industrial, office, and warehouse uses in the area, floodway on property. C. Issue/Discussion/Legal/Technical/Design: See Enqineering Comments. 0. Engineerinq Comments: 1. Dedicate floodway before final plat is signed. January 13, 1987 SUBDIVISIONS Item No. C - Continued 2. One hundred year flood info on plat is wrong - 1' should be 2'. E. Staff Recommendation: Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: The applicant expressed reluctance at showing the floodway dedication on the plat, since the floodway is currently in. comdemnation. He preferred to show an easement. He explained that he didn't want to indicate that he was giving away land that the City has condemned and is supposed to pay for. Staff was asked to research the status of the condemnation suit and request a report from the City Attorney. Water - On -site fire protection is required. PLANNING COMMISSION ACTION: (12-16-86) The staff offered its recommendation. There were no objectors in attendance. The owner was not present but was represented by his engineer, Mr. Summerlin. The Commission requested clarification from the staff of the staff's recommendation on the floodway. Mr. Greeson stated that the staff and City Attorney in their discussions revealed that it would be inappropriate.to require the dedication inasmuch as the City is involved in pursuing a condemnation of the floodway. Pat Benton of the City Attorney's Office stated that the City Board had passed a resolution to condemn the subject floodway, but that no ordinance had been passed which is required before they can file the condemnation proceedings. Mr. Summerlin described the plat as a two -lot replat of what was Lot AR -to produce a second lot for sale. He further stated that the existing plat did not dedicate January 13, 1987 SUBDIVISIONS Item No. C - Continued the floodway but that an easement was granted across the westernmost lot. This action predates the current policy of dedication established by the City Board of Directors. Pat Benton stated that negotiations for purchase of this tract began in 1983 and that offers and negotiations are underway. Mr. Rector stated that if the plat is not approved without the owners having dedicated the floodway, then the owner might move on the negotiations. It was felt by several Commissioners that this plat is a new plat and comes under policy even it was not on the previous occasion. The Chairman felt that this is a new issue just like a new plat. A brief discussion of the condemnation issue followed. Mr. Summerlin was asked how his client might react to deferral in order to work out something. Mr. Summerlin responded that there still were some remaining questions as to what the Commission could do in light of the Board of Directors' resolution on condemnation. Pat Benton stated that a deferral of this matter could be valuable and afford her office additional time to research the matter. The general consensus of the Commission appeared to be that they didn't feel they could set aside the current policy on dedication and approve this plat. A motion was made to defer the matter for 30 days or until January 13, 1987. The motion passed by a vote of 9 ayes, 0 noes, 2 absent. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. Since an agreement had been reached between City Engineering and the developer, a motion for approval was made and passed by a vote of 11 ayes, 0 noes, and 0 absent.