HomeMy WebLinkAboutS-1571 Staff AnalysisJune 7, 2007
ITEM NO.: 19 FILE NO.: S-1571
NAME: Lots 4, 5 and 6 Replat, Block 99, Original City of Little Rock, Pulaski County,
Arkansas and the East/West Alley located in Block 99, Original City of Little Rock,
Pulaski County, Arkansas
LOCATION: Located south of Garland and East of Broadway Streets
DEVELOPER:
Hal J. Kemp
c/o White-Daters Engineers
#24 Rahling Circle
Little Rock, AR 72223
ENGINEER:
White-Daters Engineers
#24 Rahling Circle
Little Rock, AR 72223
AREA: 0.51 acres NUMBER OF LOTS: 4 additional lots FT. NEW STREET: 0
CURRENT ZONING: UU, Urban Use District
PLANNING DISTRICT: 5 - Downtown
CENSUS TRACT: 1
VARIANCES/WAIVERS REQUESTED: A variance from the various Subdivision
Ordinance and Zoning Ordinance requirements to allow the creation of the lots as
indicated.
A. PROPOSAL/REQUEST:
The applicant is proposing a replat of three existing lots to allow the creation of a
vertical subdivision and the addition of four (4) vertical lots defined as the air
space between 305.0 feet and 427.0 feet above mean sea level. This is an
existing building. The purpose of the plat is to create a subdivision to allow the
sale of the individual floors as real property.
June 7, 2007
ITEM NO.: 19 Cont. FILE NO.: S-1571
B. EXISTING CONDITIONS:
Building construction is taking place on the site and residential units are being
added. To the east of the site is the Old State House Museum and west of the
site is the Double Tree Hotel. South of the site is the Pulaski County Courthouse
and an office building located on the southeast corner of West Markham and
Spring Streets. To the north of the site is LaHarpe Boulevard and the Arkansas
River. Other uses in the area include public uses including Little Rock City Hall
and the Pulaski County Administrative offices. There are a number of office and
commercial uses in the area including two hotels to the east and southeast.
C. NEIGHBORHOOD COMMENTS -
As of this writing, staff has not received any comment from area residents. All
owners of property abutting the proposed site along with the Downtown
Neighborhood Association were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
The Public Works staff will review the replat in detail at the time of final platting to
determine if any additional requirements are necessary to complete the final
platting process.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Staff will work with the various utility agencies during the final platting process to
determine the need for easements.
F. ISSUES/TECHN ICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT:
(May 17, 2007)
Mr. Tim Daters was present representing the request. Staff presented an
overview of the proposed preliminary plat indicating there were no remaining
outstanding issues associated with the request. Staff stated during the final
platting process they would work with the various departments and agencies to
seek comment and satisfy easement concerns. There was no further discussion
of the item. The Committee then forwarded the item to the full Commission for
final action.
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June 7, 2007
ITEM NO.: 19 (Cont.) FILE NO.: 5-1571
H. ANALYSIS:
There were no remaining outstanding technical issues in need of addressing
raised at the May 17, 2007, Subdivision Committee meeting. The applicant is
seeking a replat of three (3) previously platted lots in the Original City of Little
Rock to allow for the creation of a vertical subdivision. Although, the City of Little
Rock Code of Ordinances does not define a vertical subdivision, staff looked to
similar cities for a definition of a vertical subdivision.
According to Riverside, CA a "Vertical Subdivision" means a subdivision in which
the air space above the property is divided for the purpose of sale or for the
conveyance of an undivided interest coupled with the right of exclusive
occupancy. The typical suburban residential subdivision starts with a large
parcel of land, such as a farm field, owned by one person. This large parcel can
be sold as a whole to another person but generally cannot be sold off in smaller
parts. A developer enters the picture and formally subdivides the large parcel
into smaller parcels. Each of the smaller parcels can be identified on a survey
and can easily be sold by subsequent owners. This typical subdivision can be
thought of as a "horizontal' subdivision. Separate, subdivided lots are created
side by side. Each individual owner owns the subsurface rights beneath the lot as
well as the air rights above the lot. When subdividing a mixed -use property, a
developer follows the same procedure only the subdivided lots are located on top
of each other rather than side -by -side. Consequently, this type of subdivision is
called a vertical subdivision.
The property description of the replat is as follows: A Replat of Lots 4, 5 and 6,
Block 99, Original City of Little Rock, Pulaski County, Arkansas; AND The former
20 foot wide alley lying between Lots 4, 5, and 6, Block 99, Original City of Little
Rock and Lots 7, 8 and 9, Block 99, Original City of Little Rock, Arkansas; AND A
tract of land lying entirely with the right of way of Garland Street, lying
immediately north of and adjacent to the north line of Lots 4, 5 and 6, Block 99,
Original City of Little Rock, more particularly described as follows: Beginning at
the northeast corner of Lot 4, Block 99, Original City of Little Rock said point
being on the South Right of Way line of Garland Street, thence West 85.0 feet
along the South Right of Way line of Garland Street which is also the north line of
Lots 4, 5 and 6, Block 99, Original City of Little Rock to a point which is 35.0 feet
east of the northwest corner of said Lot 6, Block 99, Original City of Little Rock;
thence North 51.0 feet to a point on the south curb line of State Hwy No. 10 (La
Harp Blvd); thence easterly 85.0 feet along said Hwy 10 south curb line to a point
immediately north of the northeast corner of Lot 4, Block 99, Original City of Little
Rock; thence South 46.0 feet to the northeast corner of Lot 4, Block 99, Original
City of Little Rock, AND The air space lying between 305.0 feet m.s.l. and 427.0
feet m.s.l. immediately above the following described tract of land: A tract of land
lying entirely with the Right of Way of Garland Street and immediately north of
Lot 6, Block 99, Original City of Little Rock, more particularly described as:
Beginning at a point on the South right of way line of Garland Street which is
24.58 East of the Northwest corner of Lot 6, Block 99, Original City of Little Rock;
thence West along said south right of way line and along the north line of said Lot
6, 10.42 feet; thence North 51.0 feet to a point of the south curb line of Arkansas
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June 7, 2007
ITEM NO.: 19 (Cont.
FILE NO.: S-1571
State Highway 10; thence East 10.42 feet; thence South 51.00 feet to the point of
beginning. AND The air space lying between 333.22 feet m.s.l. and 346.10 feet
m.s.l. and between 346.10 feet m.s.l. and 427.0 feet m.s.l. immediately above the
following described tract of land: A tract of land lying entirely with the Right of
Way of Garland Street and immediately north of Lot 6, Block 99, Original City of
Little Rock, more particularly described as: Beginning at a point on the South
right of way line of Garland Street which is 35.0 feet East of the Northwest corner
of Lot 6, Block 99, Original City of Little Rock; thence West along said south right
of way line and along the north line of said Lot 6, 0.33 feet; thence North 51.0
feet to a point of the south curb line of Arkansas State Highway 10; thence East
0.33 feet; thence South 51.00 feet to the point of beginning.
The proposal includes variance requests from the Subdivision and Zoning
Ordinances to allow the creation of the plat as proposed. Although, no variances
have been identified, the applicant is seeking approval of any variances should
they exist. Staff is supportive of this request.
Staff is supportive of the applicant's request to allow the creation of the vertical
subdivision as proposed. As indicated in the legal description the applicant has
described the air space and the areas above mean sea level to create the four
additional lots proposed within the vertical subdivision. To staff's knowledge
there are no outstanding issues associated with the request. Staff does not feel
the creation of a vertical subdivision as proposed will significantly impact the area
or the development.
STAFF RECOMMENDATIONS:
Staff recommends approval of the request and any associated variances subject
to compliance with the comments and conditions as outlined in paragraphs D, E
and F of the agenda staff report.
PLANNING COMMISSION ACTION- (JUNE 7, 2007)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item with a recommendation of approval of the
request and any associated variances subject to compliance with the comments and
conditions as outlined in paragraphs D, E and F of the agenda staff report.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the Consent Agenda for Approval. The motion carried by a
vote of 9 ayes, 0 noes, 1 absent and 1 open position.
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