HomeMy WebLinkAboutPC Action Letter - Recommended approval with conditions 080221Department of Planning and Development Planning
723 West Markham Street
Little Rock, Arkansas 72201-1334 Development
Phone: (501)371-4790 Fax: (501)371-4546 Building Codes
July 14, 2021
Matthew and Elizabeth Wahl
44 Deerberry Forest Circle
Little Rock, AR 72211
Re: File No. Z-9593
Brodie Creek Lot 127 — Revised PRD;
44 Deerberry Forest Circle
Dear Mr. and Mrs. Wahl:
This is to advise you that in connection with your request concerning the above referenced
file number the following action was taken by the Planning Commission at its meeting on
July 8, 2021:
X
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the
Other:
Meeting.
This item will be forwarded to the Little Rock Board of Directors for final action. You or
your representative will need to be present at the Board of Directors meeting to
address any questions which may arise. The meeting date has tentatively been set
for August 17, 2021. The meeting begins at 6:00 pm and is held in The Centre at
University Park, 6401 West 12th Street. If you have any questions please do not hesitate
to contact me at 371-4792.
Respectfully,
Mant Moor
Development Administrator
July 8, 2021
ITEM NO.: 10 FILE NO.: Z-9593
NAME: Brodie Creek Lot 127 — Revised PRD
LOCATION: 44 Deerberry Forest Circle
DEVELOPER:
Elizabeth and Matthew Wahl
44 Deerberry Forest Circle
Little Rock, AR 72211
OWNERIAUTHORIZED AGENT:
Elizabeth and Matthew Wahl — Owners/Applicants
SURVEYOR/ENGINEER:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: Approx. 0.19 acre
WARD: 6
CURRENT ZONING:
VARIANCE/WAIVERS:
BACKGROUND:
NUMBER OF LOTS: 1
PLANNING DISTRICT: 18
..E
None requested.
FT. NEW STREET: 0 LF
CENSUS TRACT: 42.07
On June 20, 1995 the Board of Directors passed Ordinance No. 16,908 which established
the Brodie Creek Long -Form PRD allowing a multiple lot single family development.
A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT:
The applicant proposes to revise the previously approved PRD zoning for Lot 127,
Brodie Creek Subdivision to allow for the construction of swimming pool and
cabana structures within the street side yard area.
July 8, 2021
ITEM NO.: 10 Cont. FILE NO.: Z-9593
B. EXISTING CONDITIONS:
A two-story frame single family structure is located on the site. The structure backs
up to an alley located along the east property line. The south street side yard is
fenced with a six (6) foot high wood fence.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and all neighborhood
associations registered with the City of Little Rock were notified of the public
hearing.
D. ENGINEERING COMMENTS:
1. In accordance with Section 32-8, no obstruction to visibility shall be located
within a triangular area 50 ft back from the intersecting right-of-way line (or
intersecting tangent lines for radial dedications) at the intersection of Deerberry
Forest with Brodie Creek Trail and at the intersection of the private alley and
Brodie Creek Trail. Brodie Creek Trail is a collector street with 3200 vpd. The
building setback lines were platted in the subdivision to prevent sight triangle
obstructions. The existing fence is within the 50 ft sight triangle and obstructs
views. No further encroachments are recommended by moving the fence
closer to the sidewalk and alley that obstruct driver's views of other vehicles
and pedestrians on the sidewalk.
2. The private improvements are proposed within a 10 ft drainage and utility
easement. No stormwater infrastructure is within the easement.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authorit : Sewer Available to this Site.
Entergy: No comments.
CenterPoint Ener : No comments received.
AT & T: No comments received.
Central Arkansas Water
Fire Department:
Maintain Access:
Fire H drants.
No comments received.
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July 8, 2021
ITEM NO.: 10 Cont. FILE NO.: Z-9593
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2012 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.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central Arkansas
Water (Daniel Tull 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.
County Planning: No comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape: No Comment,
G. TRANSPORTATIONIPLANNING:
Rock Reaion Metro: No comments received.
Planning Division: The request is in the Ellis Mountain Planning District. The
Land Use Plan shows Residential Low Density (RL) for the requested area. The
Residential Low Density (RL) category provides for single family homes at
densities not to exceed 6 dwelling units per acre. Such residential development is
typically characterized by conventional single family homes, but may also include
patio or garden homes and cluster homes, provided that the density remain less
than 6 units per acre. The application is for a revision to an existing PRD (Planned
Residential Development) District to allow of the addition of a pool, cabana and
related uses on the southside of the property.
The Land Use Plan shows Residential Low Density (RL) in all directions from the
site. The Residential Low Density (RL) category provides for single family homes
at densities not to exceed 6 dwelling units per acre. Such residential development
is typically characterized by conventional single family homes, but may also
include patio or garden homes and cluster homes, provided that the density remain
less than 6 units per acre. The site and surrounding area is the developed single-
family subdivision of Brodie Creek.
Master Street Plan: To the south is Brodie Creek Trail, and it is shown as a
Collector on the Master Street Plan. To the west is Deerberry Forest Circle and it
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July 8, 2021
ITEM ND.: 10 (Cont.) FILE NO.: Z-9593
is a Local Street on the Master Street Plan. The primary function of a Collector
Road is to provide a connection from Local Streets to Arterials. The primary
function of Local Streets is to provide access to adjacent properties. Local Streets
that are abutted by non-residential zoning/use or more intensive zoning than
duplexes are considered as "Commercial Streets". These streets may require
dedication of right-of-way and may require street improvements for entrances and
exits to the site.
Bic ale Plan: There are no bike routes shown in the immediate vicinity.
H. ANALYSIS:
The applicant proposes to revise the previously approved PRD zoning for Lot 127,
Brodie Creek Subdivision to allow for the construction of a swimming pool and
cabana structures within the street side yard on the south side of the existing
residence. The lot contains a 20 foot front and street side platted building line,
along the west and south street frontages. The lot also contains a 10 foot wide
platted easement along the west and south property lines. The property is located
at the northeast corner of Deerberry Forest Circle and Brodie Creek Trail. The
side yard area south of the residence is located approximately three (3) feet above
the grade of the sidewalk.
The applicant proposes to construct a short retaining wall approximately one (1)
foot inside the south side property line to level the side yard area. A six (6) foot
high wood fence will be placed on top of the retaining wall. The retaining wall/fence
are set inside the property line and distanced from the southeast and southwest
corners of the lot as required by Engineering.
The applicant proposes to construct a swimming pool area, approximately 41 feet
by 14 feet in area within the south side yard area. The pool structure will be located
approximately four (4) feet to 16 feet inside the south side property line and
approximately 30 feet back from the front (west) property line. The proposed
cabana structure will be approximately 18 feet by 14 feet in area. It will be located
three (3) feet to seven (7) feet inside the south side property line. Both structures
will extend across the 20 foot platted side building line and into the 10 foot wide
utility easement along the south property line. The elevation of the pool and
cabana structures will be approximately four (4) feet below the grade of the first
floor of the residence.
The applicant submitted letters from the five (5) public utility companies addressing
the proposed easement encroachments. The comments are as follows:
AT&T — AT&T approves the request to encroach into the utility easement
along the south property line.
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July 8, 2021
ITEM NO.: 10 Cont. FILE NO.: Z-9593
• CenterPoint Energy — Our records indicate there are no active
CenterPoint Energy (CNP) facilities located in the aforementioned
easement. CNP has no objection to the proposed easement
encroachment, and recommends calling Arkansas One Call at 811 or by
visiting arkonecall.com to have all utilities located and marked prior to
construction. If any exposure of CNP facilities occurs, please contact Kevin
Clark at (501) 672-9419 immediately.
• Central Arkansas Water — Encroachment into the south utility easement
is approved as long as there are no encroachments into the public right-of-
way.
• Entergy — We only have a power line on the north side of your property.
We are not in the easement along the south side of your property so we
don't have a problem with you encroaching it.
• LR Water Reclamation Authority — No objection to easement
encroachment.
The applicant provided responses and additional information to all issues raised
during staffs review of the application. To staff's knowledge, there are no
outstanding issues. The applicant is requesting no variances with the proposed
Revised PRD.
Staff is supportive of the requested Revised PRD for Lot 127, Brodie Creek
Subdivision to construct a swimming pool and cabana structure within the street
side yard, including encroachment across a platted side building line and into a
utility easement. Staff views the request as reasonable. On April 5, 2005 the
Board of Directors approved Ordinance No 19,298, revising the Brodie Creek PRD
for Lot 101 (8 Briar Patch Court). That Revised PRD allowed for a swimming pool
in the street side yard area, very similar to the current proposal. Staff believes that
the proposed pool and cabana structures located with the street side yard area of
the subject property will have no adverse impact on the surrounding properties.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested Revised PRD for Lot 127, Brodie
Creek Subdivision, subject to compliance with the comments and conditions
outlined in paragraphs D and E, and the staff analysis, of the agenda staff report.
PLANNING COMMISSION ACTION: (JULY 8, 2021)
The applicant was present. There were no persons present registered in support or
opposition. Staff presented the item and a recommendation of approval as outlined in the
"staff recommendation" above. There was no further discussion. The item was placed on
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July 8, 2021
ITEM NO.: 10 Cont. FILE NO.: Z-9593
the Consent Agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 8 ayes, 0 nays, 2 absent and 1 open position.
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