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HomeMy WebLinkAboutS-0934-A-1 Staff AnalysisSeptember 19, 1995 ITEM NO.: 18 FILE NO.: S-934--A NAAME: PARKWAY OFFICE SUBDIVISION, LOT 2 -- SIDEWALK WAIVER LOCATION: On the west side of Hardin Rd., at the north end of the Hardin Rd. cul-de-sac, approximately 0.1 mile north of Financial Center Parkway DEVELOPER: ENGINEER: John A. Rees Pat McGetrick REES DEVELOPMENT, INC. MCGETRICK ENGINEERING 12115 Hinson Rd. 11225 Huron Ln., Suite 200 Little Rock, AR 72212 Little Rock, AR 722111 223-9298 223-9900 AREA: 6.4 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: 0-3 & OS PROPOSED USES: Offices PLANNING DISTRICT: 2 CENSUS TRACT: 24.04 VARIANCES REQUESTED: N.A. BACKGROUND: The Planning Commission approved the preliminary plat for the Parkway Office Subdivision on December 3, 1991. Coupled with this approval was a recommendation for approval of three variances, which were subsequently approved by the Board of Directors in Ordinance No. 16,140, passed January 7, 1992: the cul-de-sac was permitted to exceed the 300 foot maximum length allowed by the regulations; the commercial street right-of-way width was permitted to be 50 feet in lieu of the required 60 feet; and, the commercial street width was permitted to be 27 feet in lieu of the required 36 feet. A sidewalk was specifically required along all rights -of -way frontages in the subdivision, and was provided when the Government Service Administration (GSA) building was constructed on the opposing lot to the northeast of the Hardin Rd. cul-de-sac. (The GSA and the applicant's buildings are the only two buildings to have been built to date in the subdivision.) Additionally, the sidewalk was required at the time the applicant's building permit for the building on Lot 2 was as approved. September 19, 1995 SUBDIVISION ITEM 1 (Cont.) FILE O.: S-9 4-A TATEMENT OF PROP AL: The applicant proposes a waiver of the sidewalk requirement for the 400 foot (±) frontage of Lot 2 of the subdivision on which he has developed a 50,000 square foot office building. The applicant indicates that the steep slope of the land immediately behind the curb, between the curb and the parking lot in the area where the sidewalk would be constructed, would necessitate a retaining wall being provided, adding unnecessary costs; that there is very little pedestrian traffic along Hardin Rd.; that a sidewalk exists the entire length�of Hardin Rd. on the opposite (east) side of the street; and, that there are no residential lots abutting the street. He explains that a sprinkler system and landscaping are already in place where the sidewalk would go. A. PROPDSALJRE UEST: Review by the Planning Commission and approval by the Board of Directors is requested for a waiver of the requirement that a sidewalk be constructed along the Lot 2 frontage of the subdivision. B. EXISTING CONDITIONS: The 0-3 zoned portion of the site is developed. A 50,000 square foot, single -story office building, with accompanying parking area, has been constructed on the lot. The area between the back of the Hardin Rd. curb and the parking areas has been landscaped. The site is zoned 0-3, with a 50 foot wide OS strip lying along the west and north property lines. Abutting property to the north and west is zoned R-2. Across Hardin Rd. to the east is 0-3 and PCD property. (The PCD property is the location of the Courtyard by Marriott hotel, and this property is not in the Parkway Office Subdivision.) The property to the south is zoned C-2 and C-3 and is the site which was approved for the construction of the Hampton Inn hotel. At the corner of Hardin Rd. and Financial Center Parkway is a C-3 tract which has been cited as a probable restaurant location. C. ENGINEERING/UTILITY COMMENTS: Public works comments that the applicant made a $5,000 in - lieu contribution for the required sidewalk; that this in - lieu contribution was made in order to obtain a Certificate of Occupancy for the applicant's newly completed building. The applicant, in a letter, guaranteed to build the sidewalk 2 September 19, 1995 ITEM NO.: 18 (Cont.) FILE O.: - 4-A or to seek the needed wavier within 60 days; the 60-day time period lapsed on February 15, 1995. The applicant's engineer was contacted and advised of the need to resolve the issue, but, after six months had elapsed and nothing had been done to either build the sidewalk or seek the needed waiver, the $5,000 check was processed. Public Works points out that the sidewalk was required from the time the preliminary plat was approved and was specifically provided for when the building permit was issued. Public Works points out that the lawn sprinkler system and landscaping were installed in the area set aside for the sidewalk after the 60-day period had lapsed. Public works recommends that the sidewalk be required to be constructed by the applicant; that the waiver be denied. Public Works recommends that, if a waiver is approved, that the in -lieu contribution be forfeited by the applicant. Water Works reported no comments. Wastewater reported no comments. Arkansas Power and Light Co. did not respond. Arkansas Louisiana Gas Co. did not respond. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: Sec. 31-209 in the Subdivision Regulations and the Master Street Plan require a sidewalk along both sides of commercial streets. A waiver of this requirement requires Board of Directors approval. E. ANALYSIS• The requirement for a sidewalk was specifically dealt with and provided for in both the approval of the preliminary plat for the subdivision and in the approval of the building permit for the applicant's building. The GSA building at the opposing segment of the cul-de-sac has the required sidewalk. The applicant chose to move ahead with installing the sprinkler system and landscaping in the area of the required sidewalk without first seeking the waiver, and has sought the waiver after these were installed and after Public Works processed the in -lieu check. The site immediately to the south is approved for a hotel; the site further south, at the corner of Hardin Rd. and W September 19, 1995 SQBDIVIS�IOIN ITEM NO.: 18 (C4nt ) FILE NO.: S-93.4-A Financial Center Parkway, is proposed as a restaurant site. Should these sites develop as anticipated, to include eating establishments, there is likely to be pedestrian traffic to and from these sites, and tenants of the applicant's building and of the GSA building will be the probable users. F. STAFF RECOMMENDATIONS: Staff recommends denial of the waiver. Staff recommends that, if a waiver is approved, the applicant's in -lieu payment be forfeited. SQBDIVISION COMMITTEE COMMENT: (AUGUST 31, 1995) Mr. John Rees, the developer, and Mr. Pat McGetrick, with McGetrick Engineering, were present. Staff reviewed with the Committee members the nature of the request for a sidewalk waiver. Mr. Rees explained the rationale for requesting the waiver: that there is and would be practically no pedestrian traffic along Hardin Rd.; that the slope is too great behind the curb to install a sidewalk without constructing a retaining wall; and, that the expenditure for the sidewalk would be an unneeded and an excessive cost. The Committee forwarded the request to the Commission for the public hearing. PLANNING COMMISSION A TION: (SEPTEMBER 19, 1995) Mr. John Rees, the developer, was present. Staff outlined the requested waiver, recounting the history of the situation as explained in the staff report. The Commission, however, in a general discussion, came to the position that, since the Commission is advisory only on waiver issues, the hearing of the waiver request should be held by the Board of Directors. A motion was made and seconded to refer the waiver request to the Board of Directors without a recommendation by the Commission. This motion was approved with the vote of 7 ayes, 0 nays, 3 absent, 0 abstentions, and 1 open position. 4 FILE NO.: S-934-A NAME: PARKWAY OFFICE SUBDIVISION, LOT 2 -- SIDEWALK WAIVER LOCATION: On the west side of Hardin Rd., at the north end of the Hardin Rd. cul-de-sac, approximately 0.1 mile north of Financial Center Parkway DEVELOPER: ENGINEER: John A. Rees Pat McGetrick REES DEVELOPMENT, INC. MCGETRICK ENGINEERING 12115 Hinson Rd. 11225 Huron Ln., Suite 200 Little Rock, AR 72212 Little Rock, AR 722111 223-9298 223-9900 AREA: 6.4 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONI 0-3 & OS PLANNING DISTRICT: 2 CENSUS TRACT: 24.04 VARIANCES REQUESTED: N.A. BACKGROUND: PROPOSED USES: Offices The Planning Commission approved the preliminary plat for the Parkway Office Subdivision on December 3, 1991. Coupled with this approval was a recommendation for approval of three variances, which were subsequently approved by the Board of Directors in Ordinance No. 16,140, passed January 7, 1992: the cul-de-sac was permitted to exceed the 300 foot maximum length allowed by the regulations; the commercial street right-of-way width was permitted to be 50 feet in lieu of the required 60 feet; and, the commercial street width was permitted to be 27 feet in lieu of the required 36 feet. A sidewalk was specifically required along all rights -of -way frontages in the subdivision, and was provided when the Government Service Administration (GSA) building was constructed on the opposing lot to the northeast of the Hardin Rd. cul-de-sac. (The GSA and the applicant's buildings are the only two buildings to have been built to date in the subdivision.) Additionally, the sidewalk was required at the time the applicant's building permit for the building on Lot 2 was as approved. The applicant proposes a waiver of the sidewalk requirement for the 400 foot (±) frontage of Lot 2 of the subdivision on which he has developed a 50,000 square foot office building. FTLE NQr--9-934-A (font.. ) _ The applicant indicates that the steep slope of the land immediately behind the curb, between the curb and the parking lot in the area where the sidewalk would be constructed, would necessitate a retaining wall being provided, adding unnecessary costs; that there is very little pedestrian traffic along Hardin Rd.; that a sidewalk exists the entire length of Hardin Rd. on the opposite (east) side of the street; and, that there are no residential lots abutting the street. He explains that a sprinkler system and landscaping are already in place where the sidewalk would go. A. PROPQSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors is requested for a waiver of the requirement that a sidewalk be constructed along the Lot 2 frontage of the subdivision. B. EXISTING CONDITIONS: The 0-3 zoned portion of the site is developed. A 50,000 square foot, single -story office building, with accompanying parking area, has been constructed on the lot. The area between the back of the Hardin Rd. curb and the parking areas has been landscaped. The site is zoned 0-3, with a 50 foot wide OS strip lying along the west and north property lines. Abutting property to the north and west is zoned R-2. Across Hardin Rd. to the east is 0-3 and PCD property. (The PCD property is the location of the Courtyard by Marriott hotel, and this property is not in the Parkway Office Subdivision.) The property to the south is zoned C-2 and C-3 and is the site which was approved for the construction of the Hampton Inn hotel. At the corner of Hardin Rd. and Financial Center Parkway is a C-3 tract which has been cited as a probable restaurant location. C. ENGINEERING UTILITY COMMENTS: Public Works comments that the applicant made a $5,000 in - lieu contribution for the required sidewalk; that this in - lieu contribution was made in order to obtain a Certificate of Occupancy for the applicant's newly completed building. The applicant, in a letter, guaranteed to build the sidewalk or to seek the needed wavier within 60 days; the 60-day time period lapsed on February 15, 1995. The applicant's engineer was contacted and advised of the need to resolve the issue, but, after six months had elapsed and nothing had been done to either build the sidewalk or seek the needed waiver, the $5,000 check was processed. Public Works points out that the sidewalk was required from the time the preliminary plat was approved and was specifically provided 2 FILE N S- 4-A Cont.. for when the building permit was issued. Public Works points out that the lawn sprinkler system and landscaping were installed in the area set aside for the sidewalk after the 60-day period had lapsed. Public Works recommends that the sidewalk be required to be constructed by the applicant; that the waiver be denied. Public Works recommends that, if a waiver is approved, that the in -lieu contribution be forfeited by the applicant. Water Works reported no comments. Wastewater reported no comments. Arkansas Power and Light Co. did not respond. Arkansas Louisiana Gas Co. did not respond. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUES/LEGAL/" TECHNICAL/DESIGN: Sec. 31-209 in the Subdivision Regulations and the Master Street Plan require a sidewalk along both sides of commercial streets. A waiver of this requirement requires Board of Directors approval. E. ANALYSIS• The requirement for a sidewalk was specifically dealt with and provided for in both the approval of the preliminary plat for the subdivision and in the approval of the building permit for the applicant's building. The GSA building at the opposing segment of the cul-de-sac has the required sidewalk. The.applicant chose to move ahead with installing the sprinkler system and landscaping in the area of the required sidewalk without first seeking the waiver, and has sought the waiver after these were installed and after Public Works processed the in -lieu check. The site immediately to the south is approved for a hotel; the site further south, at the corner of Hardin Rd. and Financial Center Parkway, is proposed as a restaurant site. Should these sites develop as anticipated, to include eating establishments, there is likely to be pedestrian traffic to and from these sites, and tenants of the applicant's building and of the GSA building will be the probable users. F. STAFF RECOMMENDATIONS: Staff recommends denial of the waiver. 3 FILE NO.: 5-934-A (Cont..) Staff recommends that, if a waiver is approved, the applicant's in -lieu payment be forfeited. SUBDIVISION COMMITTEE COMMENT: (AUGUST 31, 1995) Mr. John Rees, the developer, and Mr. Pat McGetrick, with McGetrick Engineering, were present. Staff reviewed with the Committee members the nature of the request for a sidewalk waiver. Mr. Rees explained the rationale for requesting the waiver: that there is and would be practically no pedestrian traffic along Hardin Rd.; that the slope is too great behind the curb to install a sidewalk without constructing a retaining wall; and, that the expenditure for the sidewalk would be an unneeded and an excessive cost. The Committee forwarded the request to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 19, 1995) Mr. John Rees, the developer, was present. Staff outlined the requested waiver, recounting the history of the situation as explained in the staff report. The Commission, however, in a general discussion, came to the position that, since the Commission is advisory only on waiver issues, the hearing of the waiver request should be held by the Board of Directors. A motion was made and seconded to refer the waiver request to the Board of Directors without a recommendation by the Commission. This motion was approved with the vote of 7 ayes, 0 nays, 3 absent, 0 abstentions, and 1 open position. 4