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Home My WebLink AboutG-23-492 Staff Report 112524ITEM NO.: 10 FILE NO.: G-23-492 NAME: S. Battery Street - Right-of-Way Abandonment LOCATION: Between W. Markham Street and W. 2nd Street DEVELOPER: TJM Third and Bishop Properties, LLC (Owner) 501 Woodlane Avenue, Suite 105 Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: Timothy W. Grooms (Agent) 8114 Cantrell Road, Suite 100 Little Rock, AR 72227 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: N/A NUMBER OF LOTS: N/A FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 48 CURRENT ZONING: R-3 /R-5 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant requests to abandon approximately 181 linear feet of street right-of-way between Lots 3-6 located within Block 4, Union Depot Addition and Lots 7-10 located within Block 5, Union Depot Addition. All of the properties abutting the proposed area of the abandonment are owned by the same owner. B. EXISTING CONDITIONS: The portion of the street right-of-way proposed for abandonment contains two (2) single-family residences east of S. Battery Street at the northern end of the proposed abandonment, the remaining properties to the south are undeveloped. All of the properties for the street-right-of-way proposed for abandonment, west of S. Battery Street, are undeveloped. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property abutting the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: LRWRA appears to have assets within the alley of interest. A sewer easement of at least 10’ will need to be dedicated prior to abandonment. Entergy: No objection to the proposed abandonment. Summit Utilities: Should the right of way be abandoned, Summit requests that a utility easement be retained in the location of the abandoned right of way to ensure that active utilities can remain in service. AT & T: AT&T has no facilities within the right-of-way and has no plans to utilize it in the future. Central Arkansas Water: Show the existing 15’ CAW easement along S. Battery Street. Pulaski Co. Instrument #2024048397. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied, and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: Minimum gate width shall be 20 feet. Gates shall be of swinging or sliding type. Construction of gates shall be of material that allow manual operation by one person. Gate components shall be maintained in an operable condition at all times and replace or repaired when defective. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. Locking device specifications shall be submitted for approval \by the fire code official Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates, intended for automatic operation, shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2021 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Jason Lowder 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Codes: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Heights/Hillcrest Planning District. The Land Use Plan shows The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. for the requested area. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The application is to rezone from R-3 to R-5. ROW Abandonment Surrounding the application area, to the north of the site is an undeveloped tract of RM. East and West of the site is RH with a partially developed subdivision with single family residences and duplexes. South of the site are areas of C and O along 3rd Street. This site is not located in an Overlay District. Master Street Plan: Battery Street is a Local Street on the Master Street Plan. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. The standard Right-of-way is 50’. Sidewalks are required on one side. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: Battery Street is not shown on the Master Bike Plan with existing or proposed facilities in this area. Historic Preservation Plan: The application, as shown, contains a property constructed c. 1925 determined to be Eligible for listing in the National Register of Historic Places, Arkansas Architectural Resource Form (AARF) survey number PU9339. The property is addressed at 109 S Battery within Lot 10, Block 5, of the Union Depot Addition, platted in 1910. The subject application is adjacent to the Capitol View National Register Historic District. The application states that the future use of the proposed abandoned right-of-way will be to service a mixed-use development. The abandonment of the right-of-way alone should have no effect on the Eligible property at 109 S Battery apart from potential access issues dependent on future development plans. The Historic Preservation Plan advocates for the increased identification and recognition of Little Rock’s historic resources and increased effectiveness and coordination with the review of development plans. Staff advocates that future proposed development of the site considers its potential adverse impacts to the Eligible historic resource and invites a future development plan that incorporates and retains the site or considers the relocation of the site to a vacant lot within the Capitol View Historic District. The property is eligible for listing in the National Register of Historic Places and, if listing is achieved, would qualify for state and federal historic tax credits, receiving 30-55% back in tax credits on all eligible expenses for rehabilitation costs. H. ANALYSIS: The applicant requests to abandon approximately 181 linear feet of street right-of-way between Lots 3-6 located within Block 4, Union Depot Addition and Lots 7-10 located within Block 5, Union Depot Addition. All of the properties abutting the proposed area of the abandonment are owned by the same owner. The portion of the street right-of-way proposed for abandonment contains two (2) single-family residences east of S. Battery Street at the northern end of the proposed abandonment, the remaining properties to the south are undeveloped. All of the properties for the street-right-of-way proposed for abandonment, west of S. Battery Street, are undeveloped. None of the public utility companies object to the abandonment request. However, several utility companies note that the abandoned street right-of-way will need to be retained as an easement. According to Pulaski County Title Company there are no reversionary rights for the proposed street right-of-way abandonment. The applicant will incorporate the proposed abandoned portion of S. Battery Street into adjacent lots that will be incorporated into other adjacent properties for future mixed-use development. I. STAFF RECOMMENDATION: Staff recommends approval of the requested street right-of-way abandonment, subject to a utility easement being retained, as requested by the utility companies noted in paragraph E. of the agenda staff report.