HomeMy WebLinkAboutG-23-492 BOA Staff Report 032025OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
FEBRUARY 4, 2025 AGENDA
Subject
Resolution to set the public
hearing for February 18,
2025 on a request to
abandon a portion of the S.
Battery Street right-of-way
(approximately 181 linear
feet) located between Lots
2-6, Block 4 and Lots 7-10,
Block 5, Union Depot
Addition. (G-23-492).
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
Approval
Information Report
Approved By
Emily Cox
Interim City Manager
The adjacent property owner requests to abandon a portion
of the S. Battery Street right-of-way located between Lots
3-6, Block 4 and Lots 7-10, Block 5, Union Depot Addition
(between W. Markham Street and W. 2nd Street).
None
Approval of the Resolution to set the public hearing.
I RESOLUTION NO.
2
3 A RESOLUTION TO SET FEBRUARY 18, 2025 AS THE DATE OF
4 HEARING ON THE REQUEST TO ABANDON A PORTION OF S.
5 BATTERY STREET RIGHT-OF-WAY (APPROXIMATELY 181
6 LINEAR FEET) LOCATED BETWEEN LOTS 3-6, BLOCK 4 AND
7 LOTS 7-10, BLOCK 5, UNION DEPOT ADDITION (BETWEEN W.
8 MARKHAM STREET AND W. 2ND STREET) IN THE CITY OF
9 LITTLE ROCK, ARKANSAS (G-23-492); AND FOR OTHER
10 PURPOSES.
11
12 WHEREAS, a petition has been filed with the City Clerk requesting that the Board
13 of Directors abandon a portion of the S. Battery Street right-of-way (approximately 181 linear
14 feet) located between Lots 3-6, Block 4 and Lots 7-10, Block 5, Union Depot Addition
15 (between W. Markham Street and W. 2nd Street).
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
18 OF THE CITY OF LITTLE ROCK, ARKANSAS.
iE
20 Section 1. The hearing on the ordinance to abandon the above -mentioned right-of-way
21 shall be held at a meeting of the Board of Directors of the City of Little Rock in City Hall, 2ad
22 Floor Board Room, 500 West Markham Street, Little Rock, Arkansas at six o'clock on
23 February 18, 2025.
24
25 Section 2. The City Clerk is hereby directed to give notice of such hearing in the
26 manner prescribed by law by publication once a week for two (2) consecutive weeks in a
27 newspaper published in Pulaski County, Arkansas, and having a general circulation in the City
28 of Little Rock, Arkansas.
Q9
30
31
I ADOPTED:
2
3 ATTEST:
4
APPROVED:
7 Allison Segars, Acting City Clerk Frank Scott, Jr., Mayor
8
9 APPROVED AS TO LEGAL FORM:
l (}
it
12
13 Thomas M. Carpenter, City Attorney
14 H
15 !1
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
FEBRUARY 18, 2025 AGENDA
Subject
S. Battery Street — Right -of -
Way Abandonment,
approximately 181 linear
feet of the S. Battery Street
right-of-way located
between Lots 3-6, Block 4
and Lots 7-10, Block 5,
Union Depot Addition.
(G-23-492).
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
Ordinance
Resolution
Approval
Information Report
Approved By
Emily Cox
Interim City Manager
The adjacent property owners request to abandon
approximately 181 linear feet of the S. Battery Street right-
of-way located between Lots 3-6, Block 4 and Lots 7-10,
Block 5, Union Depot Addition (between W. Markham
Street and W. 2nd Street).
None
Approval of the Ordinance.
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
BACKGROUND
CONTINUED
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.
On December 12, 2024, the Planning Commission voted
8 ayes, 0 noes, 1 absent and 2 open positions, as part of'the
Consent Agenda, to approve the ROW Abandonment.
There were no objectors present.
All owners of property located adjacent to the site and all
neighborhood associations registered with The City of
Little Rock were notified of the public hearing.
Please see the attached Planning Commission minute
record for the complete staff analysis.
2
FILE NO.: G-23-492
NAME: S. Battery Street - Right -of -Way Abandonment
LOCATION: Between W. Markham Street and W. 2"d 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)
SURVEYOR/ENGINEER:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: N/A
WARD: 3
CURRENT ZONING
VARIANCENI/AIVERS
NUMBER OF LOTS: N/A
PLANNING DISTRICT: 4
R-3 /R-5
None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 48
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.
FILE NO.: G-23-492 Cant.
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 Authorit : 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.
Enter : 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.
2
FILE NO.: G-23-492(Cont.)
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:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by one
person.
4. Gate components shall be maintained in an operable condition at all times and
replace or repaired when defective.
5. 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.
6. 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.
7. Locking device specifications shall be submitted for approval by the fire code
official.
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation, shall be designed, constructed and
installed to comply with the requirements of ASTM F 2200.
3
FILE NO.: G-23-492 Cont.
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 Marshal's 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.
Coun Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Buildina Codes: No comments received.
Landsca e: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Plannina 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.
4
FILE NO.: G-23-492 (Cont.
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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.
41
FILE NO.: G-23-492(Cont.)
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 3-5 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.
R
FILE NO.: G-23-492 Cont.
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.
PLANNING COMMISSION ACTION: (DECEMBER 12, 2024)
The applicant was present. There were no persons registered in opposition. Staff
presented the item, and a recommendation of approval as outlined in the "staff analysis"
above. The item remained on the Consent Agenda for Approval. The vote was 8 ayes,
0 nays, 1 absent and 2 open positions. The application was approved.
7