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HomeMy WebLinkAboutstaff reportJanuary 18, 2007 ITEM NO.: C FILE NO.: 511100-1 NAME: Capitol Lakes Estates Preliminary Plat and the Abandonment of Cooper Orbit Road LOCATION: Located on Cooper Orbit Road, South of Capitol Hills Boulevard DEVELOPER. Jay DeHaven P.O. Box 13256 Maumelle, AR 72113 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 85.5 Acres CURRENT ZONING: PLANNING DISTRICT: CENSUS TRACT: NUMBER OF LOTS: 199 R-2, Single-family 18 — Ellis Mountain 42.07 FT. NEW STREET: 14,900 VARIANCESWVAIVERS REQUESTED: 1. A variance to allow a reduced front building line 15 -feet for Lots 6 — 14 Block 14. (Section 31-256) 2. A variance to allow a reduced front building line adjacent to a collector street. [Section 31-256(1)] 3. A variance to allow a reduced lot depth for Lots 6 — 14 Block 14. [Section 31-232(a)] 4. A variance to allow dOUble frontage lots for Lots 30 — 32 Block 9. BACKGROUND: On June 20, 1996, the Planning Commission approved a preliminary plat for the development of 190.624 acres with 318 single-family lots. Subsequently, two final plats have been filed for the previously approved plat area. A tract totaling 39.84 acres which included 103 single-family lots and a PD -R for Governors Manor was final platted which contained 9.42 acres and 45 zero lot line single-family lots. Rushmore Avenue and Capitol Hills Boulevard have also been constructed. January 18, 2007 SUBDIVISION ITEM NO.: C Cont. FILE NO.: S-1100-1 In October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The area damaged was located'along the western and southern perimeters of Phase 1 (Lot 1) of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area. The restoration plan included plantings in the area previously designated as the land use buffer area be replanted at double the plantings required by the landscape ordinance. This included the area to the south and the west on Lot 1 of the apartment development located to the north of this site. The approval included planting of all trees of three inch caliper and additional 30 -feet of land to the south was to be retained in a conservation easement and the 30 -feet along with the buffer remaining on Lot 2 of the apartment development be combined with a tract designated south of Lot 3 to ensure the buffer would be maintained in the future. A. PROPOSAUREQUEST: The applicant is now requesting an amendment to the previously approved preliminary plat for the portion located south of the intersection of Capitol Hills Boulevard and Rushmore Avenue. The project contains 85.5 acres and the request includes the area to be subdivided into 200 single-family residential lots. An average lot size of 80 -feet by 130 -feet or 10,400 square feet is proposed. The request includes several variance request; A variance to allow a 15 -foot front building line for Lots 6 — 14, Block 14 and Lots 29 - 32, Block 9; A variance to allow a 25 -foot building line adjacent to a collector street for Lots 1 and 2, Block 9, Lots 1, 8, 9 and 10, Block 11, Lots 1, 5, 6, Block 12, Lots 1, 5 and 6 Block 13, Lots 30 — 32 Block 9; A variance to allow a reduced lot depth for Lots 6 — 14, Block 14; A variance request to allow double frontage lots for Lots 30 — 32 Block 9. Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed_ B. EXISTING CONDITIONS: The site is tree covered with heavy woods surrounding the site. The property is currently zoned R-2, Single-family. The Spring Valley Manor Subdivision is located south of the site and an apartment development is located to the north of the plat area. Capitol Hills Boulevard and Rushmore Avenue have been constructed to the north of the area. There are new single-family homes currently under construction to the north of the proposed site in the Governor's Manor Subdivision. 2 January 18, 2007 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1100-1 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. The Spring Valley Manor Neighborhood Association along with all residents, who could be identified, within 300 feet of the site, and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Provide documentation showing the proposed streets provide adequate Intersection Sight Distance (for all intersections). Calculations must be done in accordance with the 2004 AASHTO Green Book. 2. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 3. For properties adjoining intersections, Section 32-8 of the Little Rock Traffic Ordinance prohibits construction of any sign or fence, planting shrubbery or other obstruction to the view higher than 30 inches within that triangular area between the property line and a diagonal line joining points on the property line fifty (50) feet from point of their intersection. For exceptions and/or more information about the ordinance, contact Traffic Engineering 'at (501) 379-1817.- 4. 79-1817.4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance must be obtained for grading of lots prior to plat approval or advance grading of a future phase. 5. Storm water detention ordinance applies to this property. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 9. Staff does not support variance request to exceed the street and intersection grade limits required by the Master Street Plan as proposed on this plan. Proposed intersection grades must have a vertical alignment of 3% or less per 2004 AASHTO Green Book. Intersection grades can be in excess of 3%, up to 6% if justification is provided. The Master Street Plan 3 January 18, 2007 SUBDIVISION ITEM NO.: C FILE NO.: S -1100-I allows street grades to be a maximum 15% for residential streets and 16% for minor residential streets. 10. The name "Dover" for a street name is already in use. Another name should be chosen. Contact David Hathcock at 371-4808 for additional information. 11. With site development, provide design of street conforming to the Master Street Plan. Construct full street improvements to Rushmore Avenue (Cooper Orbit Road) including 5 -foot sidewalks with planned development to meet the Master Street Plan standards. E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center -Paint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. Easements will be required for any water main's that are outside public rights of way. if there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire De artment: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County_Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape- No comment. January 18, 2007 SUBDIVISION ITEM NO,; C Cont. FILE NO.: S-1100-1 G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues associated with the request. Staff stated the street names were incorrect on the plat and requested the applicant rename Cooper Orbit Road to Rushmore Avenue. Staff also stated the plat did not indicate the required building line adjacent to a collector street. Staff noted there were a number of variances being requested for the proposed development. Staff stated the variances had not been requested with the initial application request and requested the applicant update the variance request form. Staff questioned if a subdivision identification sign would be placed within the development. Staff stated if the development was proposing a subdivision sign, the applicant should provide the location of the sign along with a note concerning the total height, total length and total sign area. Public Works comments were addressed. Staff stated they were not supportive of the variance request for the increased street grades at intersections. Staff also stated a grading permit would be required prior to the development of the proposed subdivision. Staff noted the street construction for Rushmore Avenue should conform to the Master Street Plan requirements for a collector street. Staff noted there were concerns with the proposed plat from an adjoining property owner. Staff stated previous agreements had indicated the placement of a collector street from the east connecting to Rushmore Avenue. Staff stated this location had not been °pinned down" but was located within the eastern portion of the plat area or with the proposed Planned Residential Development area for Tract C, which was a separate item on this agenda (Z -6120-M). Staff requested the applicant meet with the adjoining property owner to determine the best location for access to the future phases of the Woodlands Edge Subdivision to allow connectivity in the area. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing some of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has renamed Cooper Orbit Road to Rushmore Avenue, indicated a 30 -foot building line adjacent to Rushmore Avenue, and indicated the requested variances. The revised plat does not include the placement of a subdivision identification sign and the applicant has indicated signage is not being requested. 5 January 18, 2007 SUBDIVISION ITEM NO.: C Cont. FILE NO.: 5-1100-1 A number of the previously indicated variances have been removed from the request. The plat does indicate a variance to allow a reduced lot depth for eight of the proposed lots. Lots 6 — 8 and 10 — 14, Block 14 have been indicated with a depth less than the typically -required 100 -foot depth. The lots have also been indicated with a reduced front building line, 15 -feet along Lot 10, Block 14 and Lots 29 - 32, Block 9. The request is to allow the development of these lots utilizing the Hillside Development Standards per Section 31-367. This criteria requires the developer to provide the average slope of the development to calculate the minimum lot size. The ordinance also requires no lot be less than ten thousand square feet. The proposed lots do not meet the minimum lot area requirement. The request also includes a variance to allow a reduced building line adjacent to a collector street, Lincoln Street. Typically the building line adjacent to a collector street is 30 -feet. The proposed plat indicates the placement of a 25 -foot building line. The plat includes a variance to allow double frontage lots for Lots 30 — 32 Block 9. These- lots include the placement of a 10 -foot restrictive access easement along the rear lot line to limit the number -of curb. cuts. Lincoln Street and Rushmore Avenue have been indicated constructed to Collector Street standard per Master Street Plan. The remaining streets are indicated as residential (50 -feet of right-of-way) or minor residential streets (45 -feet of right-of-way) which will be constructed to Master Street Plan standard.. The plan indicates Phoenix Street extending to the eastern boundary of the plat area. The street is indicated as a residential street with a 50 -foot right-of-way and 26 -feet of paving. Based on the currently undeveloped property located to the east of this proposed development, staff feels this street should be constructed to a collector standard with a 60 -foot right-of-way and 36 -feet of pavement. Per the Master Street Plan Section 2: Road Classifications — Street Functional Classifications — Collector — (Paragraph 2) - "The spacing of Collectors may be decreased and/or the right of way and paving surface increased due to density of residential development and the locations of commercial areas or other large traffic generators. At the time of the subdivision, the exact location and additional need for Collectors will be determined by the Little Rock Planning Commission upon advice by City Staff." Also Section 31-201(b) states "the street layout should be appropriate for the type of development proposed and properly integrated with the street system in the area adjoining the subdivision. The layout shall also conform to the existing and proposed land uses and the most advantageous development pattern of the surrounding area". Staff feels this additional collector street is necessary to serve future developable lands located to the east of the site. January18, 2007 SUBDIVISION ITEM NO.: C(Cont.)FILE NO.: S-1100-1 The proposed preliminary plat indicates the placement of trails and tracts dedicated as open space within the development. The proposed open space tracts and trails will be maintained by the Property Owners Association through the Bill of Assurance. As stated in the Background Section of this report, in October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The buffer that was removed was located along the western and southern perimeters of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area which included plantings of the previously designated land use buffer with double the plantings required by the landscape ordinance. This included the area to the south and the west of the apartment development. The plan included planting of all trees of three inch caliper and additional 30 -feet of land to the south (land located within the current proposed plat area) was to be retained in a conservation easement and the 30 -feet along with the buffer remaining on Lot 2 of the apartment development be combined with a. tract designated south of Lot 3 also of the apartment development to ensure the buffer would be maintained: in the future. The plat as proposed does not appear to comply with this previous agreement or approval. The plat indicates the placement of a 30 -foot buffer within the apartment development but does not include the additional 30 -feet as agreed coming from this plat area. if viewing the proposed plat layout the affected lots are Lots 20 — 28 Block 9. Staff feels the proposed lots should be redesigned to reduce the lot depth by the previously agreed to 30 -feet. Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is -seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed. Staff has- concerns with the abandonment of the right of way with the current request. The new street has not been constructed. Staff feels the abandonment should not take place until the new access is constructed after which the abandonment may be requested. Staff is supportive of the proposed subdivision but has concerns with the number of outstanding issues associated with the request. The request includes the development of 85.54 acres with 200 single-family lots resulting in a density of 2.3 units per acre. Staff feels the developer should address staff's concerns regarding street design and construction, address the previously agreed to reduction in the plat area along the northwestern perimeter of the property and providing access to property located to the east in the form of a collector street to serve future development. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. 7 January 18, 2007 SUBDIVISION ITEM NO.: C Cont. FILE NO.. S -1100-I PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present. There were a number of objectors present. The applicant requested a deferral of the item to the January 19, 2047, public hearing to .allow this item to be discussed with the previous item Capitol Lakes Estates Tract C Long -form PD -R (Z -6124-M) and Right of Way ' abandonment for Cooper Orbit Road, located on the Southeast corner of Capitol Hills Boulevard and Cooper Orbit Road. There was no further discussion of the item. A motion was made to defer the item. The motion carried by a vote of 10 ayes 0 noes and 0 absent. STAFF UPDATE: The applicant has submitted the following amendment and details concerning the proposed application request. The applicant is withdrawing item No. B. File No. Z -6120-M, the PD -R for Tract C of Capitol Lakes Estates. The property will be combined with this item (Item No. C File No. S-1100-1) and will be presented as a single item, all of which will be a subdivision plat for R-2 zoned property with no rezoning required. In addition, the applicant makes the following amendments to this item (File No. S-1100-1), which now includes Tract C: 1. The applicant is revising Tract C as follows: a. The applicant will construct an east -west street to collector standard through Tract C from Rushmore Avenue east, terminating at the common boundary line between Tract C and Rocket Properties' Woodlands Edge subdivision. The north right of way line of the collector will be approximately 105 feet from, and parallel to, the north boundary line of Tract C. The applicant will construct the collector with the development of either of the tracts shown on the revised plat of Tract C. January 18, 2007 SUBDIVISION ITEM NO.: C Cont. FILE NO.: S-1100-1 b. The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C. The abandonment of this right of way will not take place until the construction and final platting of the collector street, but this will not prevent the applicant from developing the balance of Tract C with the construction of the Collector street. c. The applicant is requesting the City also abandon 15 -feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. This additional distance is not. needed on the eastern edge of the right of way by Tract C. After abandoning 15 feet of the right of way the eastern right of way will still conform to Collector standards. The applicant will use the additional 15 feet to increase lot depths on Tract C and to create an undeveloped tract between any lots on Tract C and Rushmore Avenue, thus eliminating any need for variances for double frontage lots along Rushmore Avenue. d. The applicant is requesting an advanced grading variance for Tract C and the applicant is preparing a grading plan for Tract C to provide more detailed information on the advanced grading request. e. The remainder of Tract C is shown as two tracts for future development. After final approval of the amendments to Tract C, the applicant anticipates filing an amended subdivision application for the development of each tract. 2. The applicant is revising Phase 2 as follows: a. With the platting of the Collector street through Tract C, the applicant will not construct Phoenix Street in Phase 2 of Capitol Lakes Estates to CaNector standard. Phoenix Street will be constructed to minor residential street standard. Also, Phoenix Street will not stub out on the eastern boundary line of Phase 2, but will be looped, running to the south. b. The applicant will revise the Phase 2 plat to clearly indicate that the additional 30 foot undisturbed buffer taken from Phase 2 adjacent to the common boundary line of Lot 1, Capitol Hills Apartments. c. The applicant has prepare a sketch grading and drainage plan for the portion of Phase 2 which drains south into the Spring Valley Manor subdivision. d. The applicant has removed all variances from Phase 2 except for some minor street grade variances shown on the revised plat. The revised preliminary plat has removed a number of the previously indicated variance requests. The revised plan indicates the placement of a 30 -foot building line adjacent to the proposed collector streets and removed all proposed double frontage lots. The site plan clearly identifies the previously agreed to buffer along the boundary of Lots 23 -- 28, Block 7 of the Capitol Lakes Estates. Subdivision. The buffer has not been included as a tract as was a part of the previous agreement. Staff recommends the buffer be set aside in a tract to ensure the buffer remains in perpetuity. The development is proposed to be a phased development. A January 18, 2007 SUBDIVISION 1TEM NO.: C Cont. FILE NO,: 5-1100-i The plat indicates a reduced building line for Lot 6, Block 3, Lots 6 — 10, Bloch 12, Lots 29 — 32, Block 7. The lots have a significant slope which the developer has indicated would qualify for hillside development standards. The hillside development standards require slopes greater than eighteen percent and a minimum lot area of 10,000 square feet. The indicated lots do not qualify for utilization of the hillside development standards since the lots do not meet the minimum lot size requirement. Staff is supportive of the variance request to allow a reduced building line on the proposed lots. Staff does not feel the reduced building line as proposed will negatively impact the development or the area. The proposed plat indicates a single lot with a depth less than the typical minimum ordinance standard. Proposed Lot 29, Block 7 is indicated along the northern lot line with a depth of 74 feet. The lot also has a large easement located along the western boundary. In staff's opinion the lot does not appear buildable. Staff recommends the lot be removed or the applicant provides staff with a buildable area for a proposed structure to ensuring the buildability of the proposed lot. The proposed plat indicates a variance request for increased street grades at intersections. The street grades along the collector streets have been indicated meeting ordinance requirements but a number of the minor residential streets have an increased street grade. Staff is supportive of the proposed increased street grade at the indicated intersections. The streets will be developed as minor residential streets which will have low volumes. and should not significantly impact the development or the area. The development of Tract C has been reviewed by staff and they feel the placement of the Collector Street as proposed is adequate to serve future development in the area. Staff is no longer requesting a collector street along the southern portion of the proposed plat area (Phoenix Street). The collector street through Tract C has been indicated with a 60 -foot right of way and 31 feet of pavement. Woodlands Edge located to the east of the subdivision has been constructed to this design standard but no access to the street was taken. Staff recommends if access to the street is proposed by any future development the street be constructed with 36 -feet of pavement from back of curb to back of curb consistent with street design construction per the Master Street Pian. The Collector Street has also been indicated with a median and the appearance of gates. Staff is not supportive of the proposed median in this location. The street is a collector street and should function as such. Staff feels the placement of the median will constrict traffic flows in the area creating safety concerns. The applicant submitted a sketch grading and drainage plan for the subdivision. Staff is still reviewing the data provided and will provide a recommendation of the proposed detention and drainage plan at the public hearing. 10 January 18, 2007 SUBDIVISION NO.: C (Cont. FILE NO.: S-1100-1 The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C and the remainder of the proposed subdivision. The abandonment of this right of way will not take place until the construction and final platting of the collector street through Tract C and portions of roadways to maintain access to Spring Valley Manor. The maintenance of access to the adjoining subdivision does not prevent the applicant from developing the balance of Tract C with the construction of the Collector Street. Staff is supportive of the abandonment request as long as access to Spring Valley Manor from the north is maintained throughout the development of the proposed subdivision and the subsequent phases. The applicant is requesting the City abandon 15 -feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. Tract C does not need this additional distance on the eastern edge of the right of way. After abandoning the 15 feet of the right of way Rushmore Avenue will still have sufficient right of way to conform to Collector standards. Staff is supportive of the request. Rushmore Avenue has been constructed and staff does not feel it necessary for the City to retain the additional right of way which was previously dedicated. The request includes an advanced grading variance for Tract C. The applicant has provided staff with a grading plan for Tract C to detail the advanced grading request. The developers have indicated the grading is necessary for construction of the proposed collector street to reduced the need to move dirt into and out of the site. The advanced grading plan currently indicates all grading activities will take place on the site after which the developer will reseed the site per the minimum ordinance requirements. The developer also indicates Tract C is shown as two tracts, Tract C-1 and C-2 to be held for future development. After final approval of the street construction located within Tract C, the applicant anticipates filing an amended subdivision request for the development of each tract. Staff is supportive of the proposed advanced grading request. Staff cannot provide a recommendation since they are still reviewing the data provided for the proposed detention and drainage plan. Staff will provide a recommendation to the Commission at the public hearing. 11 Area Zonin Case: S -1100-I Location: Cooper Orbit Road, South N of Capitol Hills Boulevard Ward: 5 PD: 18 CT: 42.07 TRS: T1NR13W7 0 700 1,400 Feet