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HomeMy WebLinkAboutS-1125-A Staff Analysis_wary 20, 1997 FIL ITEM NO • = AME: ji COMMERCIAL PRELIMINARY PLAT (S-1125) D LOC�: 1401 and 1403 East 6th Street DEVELOPER: Darragh Investment Company 1431 Merrill Drive, Suite F Little Rock, AR 72211 ENG J ER : Ben Kittler, Jr- Rd. 47 01 North 'Reynolds 72022 l Bryant, AR NUMBER —OF _LOTS: 2 FT. NEW STREET: 0 S AREA• 9.01 ACREIndustrial PROPOSED USES: zO�• I-2 PLANNING DISTRICT: #6, East Little Rock CENSUS TRACT: 2 : Waiver of curb and Vp,RIANCES DEFERRAL RE UESTEI3 gutter improvements A. PROPOSAL RE LEST The division of 9.01 acres into tw lysdeveloped for swithl uses. Both proposed Lots are The purpose of the several buildings as shown on the Plat.ell the Property per to s land division is to wasedevela previous prelimi ary Plat labeled as Lot 2. Therehere ecorded on this site in 1985 but it was never that was r recorded and has expired. B, EgISTING CONDITIONS: The surrounding area is largely developed and all zoned I-2• The locations of the existing setbacksstructures hewill Section 36-320 modifications in the norms Light Industrial District. (e) Area regulations. 1 Front yard. There sh all be front yard having a depth of not less than fifty (50) feet Side yard. There shall be aside yard o eacffifteen h side f (2 ) the building having a width o (15) feet. There shall be a rear yard having a depth (3) Rear yard. five (25) feet. not less than twenty- \9j February 20, 1997SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: S-:12 (4) Lot area regulations. There shall be a lot area of not less than fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet. C. NEIGHBORHOOD COMMENTS: Staff has received no responses from the public on this proposed preliminary plat. D. ENGINEERING COMMENTS: PUBLIC WORKS • Grading permit will be required on this new development, -if it disturbs more than one acre. • East 6th Street and Thomas Street are substandard streets per City Ordinance. Widen to 18 feet from centerline and construct sidewalks. Since frontage are less than 300 feet, in -lieu contribution for the cost of the improvements may be provided. East 6`h Street is a collector on the Master Street Plan. • National Pollutant Discharge System (NPDES) and grading permits are required prior to construction, site grading and drainage plan will need to be submitted and approved. • Stormwater detention ordinance applies to this property. E. UTILITIES• Wastewater: Sewer service available AP&L: OK Arkla: OK Southwestern Bell: OK Water: On -site fire protection required. Relocation of existing meter will be required if this plat causes a private line connection. Fire Department: Please show hydrant locations. Advise it buildings are_sprinklered. CATA: No response F. ISSUES/TECHNICAL/DESIGN: LandscaRee: N/A Issues: • Modify building lot lines to reflect existing structures. 2 February 20, 1997 SUBDIVISION ITEM NO.: 11 (Cont. FILR un . • Both lots will be recorded at same time. Show sidewalks on revised plat. Illustrate existing and proposed fire hydrants. G. ANALYSIS• The proposed preliminary plat meets the requirements of the Subdivision Ordinance when revised to address the items noted in Section F of this report. David Scherer will comment on the request for a waiver of curb and gutter improvements. H. STAFF RECOMMENDATION: APPROVAL of the two lot preliminary plat subject to the conditions listed in this report. Planning Staff is making no recommendation of the requested waiver of curb and gutter improvements. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Ben Kittler presented the plat. He stated that they would install the sidewalks but wanted a waiver of curb and gutter work. Planning Staff requested a revised preliminary plat showing building lines that match the existing structures. The item was referred to the Planning Commission meeting on February 20, 1997 for consideration. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was included in the Consent Approval Agenda. The approval is subject to staff conditions. A motion to approve the Consent Agenda passed with 11 ayes, 0 nays and 0 absent. 3 October 30, 1997 ITEM NO.: 7 FILE NO.: S-1125 EXTRACTED FROM MINUTES OF FEBRUARY 20, 1997 FOR INFORMATION PURPOSES. NAME: DARRAGH COMMERCIAL PRELIMINARY PLAT WAIVER OF SIDEWALK ON C' STREET (S-1125) LOCATION: 1401 and 1403 East 6th Street DEVELOPER• Darragh Investment Company 1431 Merrill Drive, Suite F Little Rock, AR 72211 AREA• 9.01 ACRES ZONING• I-2 PLANNING DISTRICT: CENSUS TRACT• 2 ENGINEER• Ben Kittler, Jr. 4701 North Reynolds Rd. Bryant, AR 72022 NUMBER OF LOTS: 2 FT. NEW STREET: 0 PROPOSED USES: Industrial #6, East Little Rock A. PROPOSAL/REQUEST: The division of 9.01 acres into two lots for industrial uses. Both proposed lots are currently developed with several buildings as shown on the plat. The purpose of the land division is to allow the developer to sell the property labeled as Lot 2. There was a previous preliminary plat that was recorded on this site in 1985 but it was never recorded and has expired. B. EXISTING CONDITIONS: The surrounding area is largely developed and all zoned I-2. The locations of the existing structures will require modifications in the normal setbacks in the Section 36-320 Light Industrial District. (e) Area regulations. (1) Front yard. There shall be a front yard having a depth of not less than fifty (50) feet. (2) Side yard. There shall be a side yard on each side of 'the building having a width of not less than fifteen (15) feet. October 30, 1997 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1125 (3) Rear yard. There shall be a rear yard having a depth not less than twenty-five (25) feet. (4) Lot area regulations. There shall be a lot area of not less than fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet. C. NEIGHBORHOOD COMMENTS: Staff has received no responses from the public on this proposed preliminary plat. D. ENGINEERING COMMENTS: PUBLIC WORKS ■ Grading permit will be required on this new development, if it disturbs more than one acre. + East 6th Street and Thomas Street are substandard streets per City Ordinance. Widen to 18 feet from centerline and construct sidewalks. Since frontage are less than 300 feet, in -lieu contribution for the cost of the improvements may be provided. East 6`h Street is a collector on the Master Street Plan. s National Pollutant Discharge System (NPDES) and grading permits are required prior to construction, site grading and drainage plan will need to be submitted and approved. * Stormwater detention ordinance applies to this property. E. UTILITIES: Wastewater: Sewer service available AP&L: OK Arkla: OK Southwestern Bell: OK Water: On -site fire protection required. Relocation of existing meter will be required if this plat causes a private line connection. Fire Department: Please show hydrant locations. Advise it buildings are sprinklered. CATA: No response 2 October 30, 1997 SUBDIVISION ITEM NO.: 7 (Cont._) F. ISSUES/TECHNICAL/DESIGN: Landscape: N/A FILE NO.: S-1125 Issues: ■ Modify building lot lines to reflect existing structures. Both lots will be recorded at same time. • Show sidewalks on revised plat. w Illustrate existing and proposed fire hydrants. G. ANALYSIS• The proposed preliminary plat meets the requirements of the Subdivision Ordinance when revised to address the items noted in Section F of this report. David Scherer will comment on the request for a waiver of curb and gutter improvements. H. STAFF RECOMMENDATION: APPROVAL of the two lot preliminary plat subject to the conditions listed in this report. Planning Staff is making no recommendation of the requested waiver of curb and gutter improvements. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Ben Kittler presented the plat. He stated that they would install the sidewalks but wanted a waiver of curb and gutter work. Planning Staff requested a revised preliminary plat showing building lines that match the existing structures. The item was referred to the Planning Commission meeting on February 20, 1997 for consideration. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was included in the Consent Approval Agenda. The approval is subject to staff conditions. A motion to approve the Consent Agenda passed with 11 ayes, 0 nays and 0 absent. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 9, 1997) The Committee did not discuss this issue.' David Scherer of Public Works explained the request and closed by saying the City 3 October 30, 1997 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1125 Board wants a commission recommendation on this and that it is something for the full Commission to resolve. The Committee asked that this be forwarded to the full Commission for recommendation. PLANNING COMMISSION ACTION: (OCTOBER 30, 1997) The Chairman directed the staff to present its recommendation and the issue to be discussed. Richard Wood, of the Staff, identified this as a continuing item on the Darragh Preliminary Plat and asked that someone from Public Works step forward to explain the circumstances of this request. David Scherer, of Public Works, came to the lectern and proceeded to identify the issue. Mr. Scherer identified this as a plat that when it was presented to the Planning Commission for purposes of serving one of the parcels for sale there was boundary street issues introduced along Thomas Street which is the eastern boundary of the property. The developer will not access from this street. Mr. Scherer stated that Thomas Street is a substandard street and very narrow in width with no improvements. It is primarily used by the Afco Metals Development. Because it was a boundary street to this plat, the Subdivision Ordinance required improvements of the street. He stated because of a nearby restaurant that it might be appropriate since Thomas Street improvements would serve no practical purpose to accept the sidewalk on 6th Street in -lieu of the Thomas Street improvements. Mr. Scherer stated that the applicant's representative at the Planning Commission meeting at which that issue arose agreed to that in -lieu arrangement and the preliminary plat was approved on this basis. Subsequent to that action the applicant determined that he did not want to build the sidewalks and produced the request thats before the Commission. Scherer stated this is basically a return to a waiver request for Thomas boundary street improvements. The applicant then pursued the issue before the Board of Directors for a waiver of these improvements. The Board refused to hear the case because the Planning Commission had not heard a waiver request. The applicant had not previously a specific waiver. He further stated there is no specific requirement for sidewalk to be constructed along 6th Street because it is in a sidewalk exclusion zone set out in the Subdivision Ordinance. As a follow-up to a question from staff's recommendation at the end stated the Planning Staff makes no Commissioner Putnam about the of the agenda, Mr. Scherer recommendation. However, 4 October 30, 1997 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1125 Public Works maintains a recommendation of denial of the waiver and that the sidewalk be constructed. Commissioner Rahman then posed a question to Mr. Scherer as to whether or not the improvements to Thomas Street would be anything more than just curb and gutter. Scherer stated that as a plat issue for Thomas Street which is an industrial street standard. The requirement would be a 14 foot lane with a 6 foot paved shoulder with no curb and gutter. However, what is out there is about a 11 foot lane with dirt shoulder. The Chairman then recognized Mr. Darragh who came to the lectern to present his comments. Mr. Darragh offered a lengthy commentary on the condition of streets, specifically Thomas Street and the walking abilities along 6th Street without a current sidewalk. Mr. Darragh stating no one really walks through this area except for his parking lot. He also pointed out, to construct a sidewalk along the street would eliminate part of the landscape strip which has been constructed by his firm. He then offered some history of the plat and how he arrived at the current circumstances with a surveyor representing him at the Commission meeting and him out of the country. He then moved his discussion to the letter of credit which he had submitted to Public works to secure the improvement for final plat. Mr. Darragh stated once he had accomplished the letter of credit he did offer to Public works that he desired a waiver of this requirement and was instructed to approach the Board of Directors with such a request. This request was held in abeyance by the City Board at their public hearing and he was directed to return to the Planning Commission for purposes of gaining the Commission's recommendation on a sidewalk waiver. Mr. Darragh then briefly described the photographs that he had provided the Commission which illustrated the sides of the street in this area that are without sidewalk run for a significant distance between the two viaducts that crossover East 6th Street. Chairman Lichty then asked if there was anyone else present that wishes to speak on this issue. Commissioner Berry was then recognized for comment. He offered concerns about the possible location of the Clinton Library and the immediate neighborhood and that if we start waiving requirements we lose the ability in the future. Jim Lawson, of the Staff, reminded the Commission that if it is waived by the Board of Directors then it is a permanent waiver and staff continues its recommendation that it be constructed. Commissioner Hawn was then recognized. He stated that perhaps a move should be made to help reinvestment or investment in this part of town and to ask for improvements with the circumstances 5 October 30, 1997 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: 5-1125 given the current street and lack of sidewalks would amount to perhaps harassment. He felt that any kind of improvement in this area should be allowed to continue with as little harassment as possible. Chairman Lichty followed that comment with a similar statement that he had been in the area recently and observed there were walkers in the area but they were walking on the north side adjacent to the Steben Roberts' property. He followed up that statement by saying perhaps the construction of a sidewalk would disturb what has already been accomplished by Mr. Darragh in this area. Chairman Lichty suggested perhaps the sidewalk issue or requirement here might be attached to possible construction of sidewalk by neighbors in the area. Mr. Darragh indicated that he would accept that. Commissioner Putnam was recognized for comment. He stated that in this area nothing had changed for a significant period of time except for the improvements that had been accomplished by Mr. Darragh. Chairman Lichty pointed out that perhaps the commitment to build these sidewalks was imposed under duress given the circumstances. Chairman Lichty posed a question of staff as to whether or not Commissioner Berry's approach would be appropriate and that is to perhaps provide a variance and not a waiver. The variance would be an extension of time connecting the construction of this sidewalk to any future construction along this area that would require sidewalk. The staff responded in the affirmative. Mr. Darragh was then asked whether this would be acceptable to him. He responded yes. The Chairman then asked if there was a motion to this effect. Commissioner Berry offered a motion that the sidewalk improvements be deferred until such time as the adjacent properties are required to install the same improvements. At this point, Commissioner Hawn injected a thought that perhaps the Commission here is misdirected in that the issue here is the waiver or deferral of the improvements on Thomas Street and not the sidewalk along East 6th Street. He reminded the Commission that the sidewalk on 6th Street was simply a negotiated tradeoff for the improvements that were required on Thomas Street. Staff then suggested that the motion be restated to deal with Thomas Street. David Scherer, of Public Works, came to the lectern and inserted a thought at this point. Since he will be preparing the ordinance, he would like to offer some language. The language would be, "deferring an in -lieu contribution to Thomas Street to be used for purposes of constructing a sidewalk on East 6th Street at which time there is construction of adjacent sidewalk.- 6 October 30, 1997 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S--1125 There was then a brief discussion of exactly what the motion should contain as offered by Mr. Scherer. Commissioner Earnest gained the floor and attempted at this point to clarify the issue. His feeling as he expressed it was, perhaps we need to defer the improvement requirement on Thomas Street and waive the requirement on 6th Street since we do not have an ordinance requirement for requiring the sidewalk. Commissioner Hawn inserted a statement that if there was not a motion on the floor he would like to offer one. But before Commissioner Hawn offered such a motion, the Chairman recognized Commissioner McCarthy. She asked a question as to why there would not be a need to do improvements on Thomas Street? David Scherer came to the lectern and proceeded to identify the street's current status and the fact this property does not take access from that roadway. Again Mr. Scherer offered possibilities that the Commission could simply reduce this issue to dealing with the Thomas Street frontage as to a waiver or deferral of that issue and leave the sidewalk issue totally out. The Chairman recognized Commissioner Hawn motion was that the improvements on Thomas until such time as improvements of similar properties adjacent along Thomas Street. and passed by a vote of 9 ayes, 0 nays, 1 (Sissy Brandon). for his motion. His Street be deferred nature are required on The motion was seconded absent and 1 abstention 7