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