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HomeMy WebLinkAboutletter from Spivey to board of directors on amendmentsKDWARD I. WRIGHT (1001.1077) RODEN S, LINDSAY (1018.1001) A1.8TON JENNINGS (1017.0004) GORDON8. RATHER, JR. JOHN R. TISDALR JOHN WILLIAM SPIVEY III LRCS J, MULDROW N.M. NORTON CHARLES T. COLEMAN ISDWIN L. LOWTHER, JR. GREGORY T. JONES WALTER Mc'PADDEN JOHN D. DAVIS JUDY SIMMONS HENRY KIMBERLY WOOD TUCKER TROY A. PRICK KATHRYN A. PRYOR J. MARK DAV18 IER11Y J. SALLINGS WILLIAM STUART JACKSON MICTIARL D, BARNES STEPHEN R. LANCASTER KYI,9 R. WILSON C. TAD BOHANNON -1, CHARLES DOUCHKRTY M. SHAN HATCH JUSTIN T, AI,LRN MICFIP--LLL+ M. KAEMIX91ILINO SCOTT ANDREW IRBY PA'T'RICK 0. WILSON DAVID 1,, GLOV RIi RRCINA A. YOUNG PAUL D. MORRTS WRIGHT, LINDSE'Y & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE, SUITE 2300 LITTLE ROCK, ARKANSAS 72201-8699 (501) 3710808 . FAX (501) 378-9442 NORTHWEST ARKANSAS 3883 PINNACLE HILLS PARKWAY, SUITE 510 ROGERS, ARKANSAS 78758-8000 (479) 980.0888 - FAX (479) 088.8932 WWW.wlj.com Writer's Direct Diel No. 801-212-1810 jSpivey®Wlj,com Reply to Little Rock Office November 30, 2012 Honorable Mark Stodola, Mayor City of Little Rock City Hall 500 West Markham Street Little Rock, Arkansas 72201-1400 Members of the Board of Directors City of Little Rack City Hall 500 West Markham Street Little Rock, Arkansas 72201-1100 EDWARD RIALARMSTRONG GARY P, MARTS, JR. ERIC BURGER P. DRLANNA PADILLA CA1,9Y B. VO ,IOFINATHAN D. HORTON KATHRYN M. IRDY DAVID L. JONES W. CARSON TUCKICTt .LANE A_ KIM ADRIENNR L. JUNG KRISTEN S. MOYRRS RRIN S. DROGDON RICHARD BLAKELY OLASOOW DIANA BORGOGNONI SNYDER PATRICK M, YOUNG BIANCA M. RUCIT11C ANTIVAN D PHIL RAXTER D. DRRNNON MICHAEL A. THOMPSON S ,TH R. JEWELL HAYDRN W. SHURGAII COURTNEY C. M.LARTY JAIMIR G. MOSS NERMAII A. EBAIAEILPOUR OF OOU N9 F,L RONALD A. MAY JOHN C. LIL9 ROOKR A. GLASGOW ALSTON JHNNINOS. .IR, BRED M PRRHINS III Rl)UCE it. LINDSEY -JAMES R. VAN DOVER CHARLES BOHANNON Via Email RE: Appeal of Item MSP12-06, Master Street Plan Amendment to extension of Wellington Plantation Drive Dear Mayor Stodola and Members of the Board of Directors: At the meeting of the Little Rock Planning Commission held yesterday, Thursday, November 29, 2012, Deltic Timber Corporation presented three separate Applications addressing the future use of an approximately 135 acre tract of undeveloped property lying east of Rahling Road in West Little Rock, Arkansas. The three items presented at the Planning Commission were as follows: 1. LU12-19-01 A Future Land Use Plan Amendment in the Chenal Planning District on east side of Rahling Road, south of Pebble Beach Road from Residential Low Density and Residential Medium Density to Park/Open Space, Office, 116007()-vl WRIGHT, LINDSEY & JENNINGS LLP November 30, 2012 Page 2 Neighborhood Commercial, Residential Medium Density, and Residential Low Density. 1.1 Z -8165-B Rezoning from R-2 and MF -18 to R-2, MF -12, 0-3, C-1 and OS, East side of Rahling Road, south of Pebble Beach Drive. 1.2 MSP12-06 Master Street Plan Amendment to extension of Wellington Plantation Drive. At the conclusion of the presentations of these three items, the Planning Commission voted on each item separately. By vote of the Planning Commission, Items 1 and 1.1 were approved and it is our understanding that the Ordinance approving these matters will be forwarded to the Board for consideration. Item 1.2, concerning the Master Street Plan, was not approved by the Planning Commission. Please consider this the Applicant's formal appeal of the Planning Commission's denial and/or recommendation of denial of Item 1.2 as described hereinabove. By copy of this letter to Ms, Langley, City Clerk, we are lodging the Applicant's appeal with the City. As these three items are interrelated, it is essential that all three be taken up by the Board at the same Board meeting. We have previously requested that all three of the Applications described herein be presented to the Board of Directors at its final meeting in December which we understand is scheduled for Tuesday, December 18, 2012. In order that all three items be presented, we understand that it will be necessary for the Board to set a hearing on the appeal of Item 1.2 and therefore we ask for the Board's consideration and indulgence in allowing a resolution to be placed upon the Board's agenda for consideration at its next regularly scheduled meeting on Tuesday, December 4, 2012. We understand that the agenda for this meeting has previously been set by the Board and would ask for your consideration of this request as this is an urgent matter and in order for all three items to be considered together before the end of 2012, as we have previously explained, should be taken up at the same meeting in December. 1150070•vl WRIGHT, LINDSEY & JENNINOS LLF November 30, 2012 Page 3 We are happy to cooperate with the City Attorney's office in the preparation of an appropriate resolution and respectfully ask for your approval of this request, Cordially, LINDSEY & JENNINGS LLP ak Joh William Spiveytber A oc rneys for Deltic orporation JWS/jlh cc: Mr. Bruce Moore (via email) Ms. Susan Langley (via email) Mr. Lance Mines (via email) Mr. Gene Fortson (via email) Mr. Tony Bozynski (via email) Mr. Larry Grace (via email) 1160070-v 1 November 29, 2012 ITEM NO.: 1.2 FILE NO.: MSP12-0E Name: Master Street Plan Amendment, removing the extension of Wellington Plantation Drive Location: Wellington Plantation Drive from current terminus to Rahling Road Request: Remove Collector designation Source: Tim Daters, White-Daters PROPOSAL/REQUEST: A Master Street Plan amendment in the Chenal Planning District to remove the extension of Wellington Plantation Road as a Collector from its current terminus to Rahling Road. MASTER STREET PLAN: Wellington Plantation Drive is a Collector. This Collector goes north and west from Wellington Village Road (a Collector) to Rahling Road a Minor Arterial. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. BICYCLE PLAN: There is a Class III Bike Routes shown along Wellington Village Road and a Class I Bike Path shown along Rahling Road. Bike Routes require no additional right-of-way or pavement markings, but only a sign to identify and direct the route. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or and easement is recommended. Nine -foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). PARKS: According to the Master Parks Plan, this area is within eight blocks of a park or open space. The Property Owners Association Park is to the south at Wellington Village Road and Loyola Drive. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. November 29, 2012 I��� �i��ICi1�i�•TCKTii� ANALYSIS: FILE NO.: MSP12-06 The requested amendment would remove the connection, a Collector, between Rahling Road and the subdivision of 'Villages of Wellington'. It would force all traffic from these neighborhoods to travel along Wellington Village Road to Kirk and on to Rahling Road if they wished to travel to the north or northwest. The applicant has indicated that reason or justification for the removal of the Collector connection is 'other improvements' and 'low projected traffic volume' for this proposed road. The connection that would be lost with this amendment first appeared on the Master Street Plan in 1988 as an Arterial alignment. It was to be a continuation of 36th Street which would have turned north traveling through what is now the Woodlands Edge Subdivision and the Villages of Wellington Subdivision. That alignment through the Woodlands Edge Subdivision is generally what is now a Collector named Woodlands Trail. Sections of Wellington Village Road and Wellington Plantation Drive generally follow other sections of that alignment through the Villages of Wellington Subdivision. Staff is not aware of any new street improvements that are not already called for by the Master Street Plan. The ultimate volume on Wellington Plantation Drive if it continues to Rahling may be below the 'design volumes' in the Master Street Plan of Collectors. However the function of a Collector is to collect traffic from neighborhood streets and bring it to the Arterial system would still exist. In western Little Rock, the grid street pattern has not been developed. Many Local streets are loop or cul-de-sacs. There are no regulations to require the connectivity of a grid street system. The result in western Little Rock is longer trips to services, work and play. Most 'trips' must include travel on a Collector and Arterial, resulting in higher volumes on these roads. With no alternatives, volume and congestion is likely to be greater on the Collectors and Arterials. In 2010 and 2011, traffic counts were made for Wellington Village Road. Those counts revealed an average daily volume (ADT) range from 2000 to 2500 trips west of Wellington Plantation Drive. Traffic counts for Rahling Road indicate it is currently over 12,000 ADT near P bole BeachaalleawLbAa to Master Street F--L,a J Plan standard would have a fre f traffic up to a volume of 5000 ADT and ' an Arterial to 18,000 ADT. The nt's Traffic Study (provided to staff approximately November 1) clearly states that it assumes Wellington Plantation Drive extension to Rahling Road will not happen. Thus its findings and recommendations are not included in the review. The City's Public Works Department has raised concern that the removal of Wellington Plantation Drive would limit access to some 85 homes to a single access. This is in conflict with the International Building Code that states that there must be two (2) vehicle accesses for subdivisions in excess of 4 November 29, 2012 ITEM NO.: 1.2 (Cont.) FILE NO.: MSP12-06 30 residential structures for emergency vehicles. (Either a second access must be provided or the homes will have to be sprinkled). They also noted the lack of north -south connectivity in the vicinity. The removal of Wellington Plantation Drive would further reduce north -south connectivity. (There would be no north - south connectivity from Bowman Road to Kirk Road). It is desirable to distribute the traffic to reduce any impacts on any one area. The completion of Wellington Plantation Drive would distribute some traffic off of Wellington Village Road. Both of these streets are Collectors on the Master Street Plan and both have single-family homes fronting them. In both cases the roads were shown as Collectors prior to construction of the roads and the adjacent homes. Reductions in connectivity only increase traffic volumes on other streets and often result in long trip distances for the driver. The loss of connectivity and the creation of a single access to the area with more than 30 residential units, may hurt the City with any future reviews for fire ratings. For future Planning issues it is important to attempt to improve the situation for the overall City and area, not just look at an issue with localized concerns. Connectivity benefits public safety and the traveling public. NEIGHBORHOOD COMMENTS: Notice was sent to the Villages of Wellington Community. Staff has received no comments by the time of writing this item. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. 3