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Home My WebLink Aboutletter from applicant modifying applicationANDREW V. FRANCIS E-MAIL ADDRESS: AVFPA@SBCGLOBAL.NET December 7, 2006 ANDREW V. FRANCIS, P.A. ATTORNEY AT LAW 2311 BiscAYNE DRIVE, SuaE 205 LrrrLE Roca, AR 72227 TELEPHONE (501) 954-7390 FACSIMILE (501) 954-7385 Ms. Donna James Subdivision Administrator City of Little Rock - Department of Planning and Development 723 W. Markham St. Little Rock, AR 72201 RE: Z -6120-M — Capitol Lakes Estates Long Form PD -R, Tract C Dear Donna: As you know, I represent Capitol Lakes Management, LLC regarding the above -referenced application. This letter will address any outstanding issues regarding the above -referenced application. Subdivision Gate The applicant hereby amends the application to remove the gates and related equipment. This should make any comments regarding the placement of the gate and related equipment moot. Signage The applicant will construct a sign no larger than the entrance sign currently used on Governor's Manor — the gated subdivision in located on former Tract A of Capitol Lakes Estates. The total area of the decorative monument exceeds 32 feet by a small amount, but the area of sign plaque itself will be less than 32 feet. Advance Gradin The topography of Tract C is very hilly, with a large ravine on the site. In order to make a workable development on the property the applicant must grade a slope down from Block 1 of Phase 2 of Capitol Lakes Estates on the south boundary of Tract C in the Tract on the southern part of Tract C. This will allow the applicant to grade and fill the remainder of the site to make this single family residential development feasible. This grading and filling work must be done in advance of any other work in order to be able to construct the other improvements. Page 2 Ms. Donna James December 7, 2006 New Collector Street The applicant opposes dedicating right of way for a new street through Tract C to Rushmore Avenue. The applicant has amended the application to dedicate a new public right of way over Tract D of Capitol lakes Estates. Legal access only will be provided (no street improvements). This right of way is sufficient to take a collector street from the adjacent Woodlands Edge subdivision across Tract D to Capitol Hill Boulevard. This will provide legal access from the adjacent Woodlands Edge subdivision to the west ultimately to Kanis over a more direct route than any street that accesses Rushmore Avenue. Abandonment of Cooper Orbit Road will not deny the adjacent property owner, Rocket Properties, LLC ("Rocket") of legal access to its property from the west. The attached informal drawing shows how the proposed collector street will tie in to Capitol Hill Boulevard. The tie in will be approximately 550 feet from the intersection of Rushmore Avenue and Capitol Hill Boulevard. Another issue related to the collector street and Tract C dates back to the year 2002 — concerns over access to the property to the east of Tract C. The previous owners of that property, the Aaroz family, owned only an 80 acre tract of property. This property did not have frontage on existing Cooper Orbit Road but was touched by a small part of the undeveloped right of way of Cooper Orbit Road. The 80 acres of Aaroz property was otherwise landlocked, with no access from the north or east. Since 2002, the property has been acquired by Rocket — the developer of the Woodlands Edge subdivision. Rocket's acquisition of the Aaroz property has consolidated it with other adjacent property owned or developed by Rocket — over 200 acres. Since the acquisition by Rocket, this property now has physical and legal access from the north, south and west. PIease see the enclosed print out form the Woodlands Edge subdivision web site showing a plat of the developed property. No additional access is needed. Abandonment of Cooper Orbit Road will not deny Rocket of physical access to its property from the west. As the attached print out also shows, there is not yet any planned phases of Woodlands Edge within approximately %Z of a mile from Tract C. Rocket Properties has no preliminary plat of any development within the vicinity of Tract C. The only improvements ever shown by Rocket Properties is a collector street which runs through Rocket's undeveloped property and turns to exit in the middle of Tract C. The applicant submits that it is not the best planning decision to require a right of way through the middle of Tract C when the application for a plat of Tract C is before the City and Rocket has not even filed a plat for the development of its adjacent property. The applicant has met several times with the representatives of Rocket to try and resolve their concerns over the abandonment of the Cooper Orbit Road right of way. To day, the parties have not been able to reach any agreement on this issue. Finally, while stiff did cite Section 2 of the Master Street and Section 31-201(b) of the City Code, the Master Street Plan for this are does not show M collector streets running east -west Page 3 Ms. Donna James December 7, 2006 through Woodlands Edge. The applicant feels that the route of the proposed collector through Tract D adequately provides for the east -west flow of traffic. Capitol Lakes proposes -that the City approve its plan to close the Cooper Orbit Road Right of Way through Tract C and accept the dedication of the right of way over Tract D, Capitol Lakes Estates as the alternate rouse for the east -west collector street to Woodlands Edge. Closure of Right of Way of Cooper Orbit Road As of the writing of this letter, the applicant has received comments from all utilities on the closing of the Cooper Orbit Road right of way except for Arkla. The applicant has requested comments from Arkla, but not yet received them. The applicant will comply with all requested conditions stated in the utility comments. These comments deal with keeping the easements for the utilities in place until the utilities are re-routed around Tract C along Rushmore Avenue. Concerns of Spring Valley Manor The applicant has met with Spring Valley Manor, the neighborhood adjacent to Capitol Lakes Estates on the south. They did not have any concerns about the plat for Tact C but did express concerns that two east -west collectors would route too much traffic into the corridor between Spring Valley Manor and Kanis Road. The applicant respectfully requests that the Planning Commission approve the application as amended by this letter and with all variances requested in the original _application. Thank you very much and please call me with any questions. Cordially, ANDREW V. FRANCIS, P.A. z Ix Andrew V. Francis /avf Enclosures cc: Capitol Lakes Management, LLC (w/enclosures) White-Daters & Associates, Inc. (w/enclosures) \V /Z A. N. X, Y V ,.o V V N, 80/Z0 3DVJ SH31VU 31IHM I V. tR 41' 4 ;z !kkk R. v TA T" .1% 899ITZ8T0G SS:80 900Z/L0/Zl O O CD lm� qQ rl C) 0 O O O CD a CD CD El fD Uq CD mo 10 A. t I I Uq CD 1i n t/'Lobb bpi: bb b01621166B WHITE DATERS PAGE e3/9B L Little Rock Wastewater November 28, 2006 Mr. Brian Dale Whiter-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 Administration Facility Department of Engineering Serviccs #11 Clearwater Drive Little Rock, Arkansas 72204 Bus.501-688-1414 RE: Right of Way Closure — Cooper Orbit Road From Capitol Hill Boulevard To Rushmore Avenue Dear h&. Dale: Little Rock Wastewater Utility has reviewed your request for the closure of the Right of Way referenced above, Little Rock Wastewater Utility has no objection to the Closure of Cooper Orbit Road at this location, but an easement must be retaiwed for the existing 8s' sewer main crossing the existing Cooper Orbit Road just north of Tract "C". If you have any questions eoneeming this matter, I may be reached by telephone at (501) 688-1414. Sincerely, LITTLE ROCK WASTEWATER UTILITY almes Boyd, P.E. Engineering Supervisor Department of Engineering Services 0:\ESDDC\coleys\Abandonmenta\2006\Cooper Orbit Road.doc Received Time Dec. 1. 8:51AM 12/07/2006 08:55 5018211668 WHITE DATERS PAGE 04/08 12/Oe/0e WED 15:52 FAX 501 954 5175 ENMGY 10002 �-- Entergy X)eceaatbex 6, 2006 Alt Brian Dale I& te•Dexrs & Associates, Inc. 2 4 Rabl ing Circle I ittle Rock, ,Arkansas 72223 E.E. Proposed right -of way clostue Cooper Orbit Road Capitol Hill Blvd to Rushmore Avenue Brian; F ntergy Arkansas has an overhead three phase line that alt rufc=ced right-of-vnay. This line serves customers to the We have previously discussed relocation of this line with t to wait until replacement undergrow,d facilities will be ins to avoid relocation costs. The underground facilities that v a ong Rushmore Avenue will not only ;feed the developme, Us the distribution south of the development. A ccordingly, Entergy will sign off on the closure, The entire right -Of -way to be closed shall be mainly until such time as replacement underground facilitir Rushmore Avenue to replace the existing overhead) agreas to remove existing overreadfacilities and ab easement: Removal costs andlor other relocation cc result of this Closure will be the responsibility of the Estates_ Ii yen Jiave fWher questions call me at 9545158 or S: nc=ly, k t Cary Bettis N anagex, Area Design Received Time Dec. 7. 8:51AM orgy Distrilw1an #9 Entergy Court Little Rock, AR 72211 dates sides within the Guth of Capitol Lake Estates. developer, but they wanted pied along Rusbmore Avenue .l eventually be installed but will also be the new feed on the following: ed as a utility easement are installed along ilitxer. Al that time Entergy 7don and relinquish this 'S incurred by ,$clergy as a evelopar of Capitol Luke I Thompson at 954-5199. 1,Y! IJ !! 100b 08: 55 5018211668 December 6, 2006 To Whom It May Concern: WHITE DATERS Chris Keathley 1111 W Capltol Ave Rrn. 465 Uttle Rock. AR 72201 PAGE 05/08 T: 501,373.9594 F: 601,373.1919 Chrls.ke•alhleygati.aom AT&T does not object to the proposed closing of a portion Copper Orbit Road as long as a right of way or easement is granted along the new route. All cost of relocating existing facilities in the proposed area of closing are to be paid in full prior to the relocation. Chris Keathley Manager-Engineering/Design 8APReceived Time'Dec. 1. 8:51AM 12/07/2006 08:55 5018211668 WHITE DATERS PAGE 06/08 a —ab . — Brian Dale From: Billingsley, Marc [Marc —Billing sley@cable-comcast.com] Sent: Wednesday, December 06, 2006 11:13 AM To: bdale@whitedaters.com Subject: Cooper Orbit road closing 'lease be advised that Comcast has no objections to the proposed closing of Cooper Orbit Road as long as we are granted right of vay or easement for our current routing and the costs for any Future relocation of our facilities are paid for by the developer. Please at me know if you have any questlons. Aarc Billingsley ngineering Manager ;omcast Communications 1.2/7/2006 Received Time Dec. 1• 8:51 AM 12/07/2006 08:55 5018211668 r Z m C.) r za a `T z r v A � r v a z 7- N � ,j Vha W �s C �r� z 0 r r7 `T v A � r v L WHITE DATERS PAGE 07/08 f /� � ter'+• � : ' fes_•_ ~•_-�..v- � � �� •'�'. m (1) Q Z r m 0r ca to 0 V P n 0 O < o a, O _. 00 O 'y C T1 c O I � � O O Received Time Dec. 7• 8:51 r7 `T N ra