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HomeMy WebLinkAboutZ-7412 Staff AnalysisDecember 4, 2003 ITEM NO.: B.1 FILE NO.: Z-7412 NAME: River Harbor Long -form PCD LOCATION: County Farm Road east of River Valley Marina Road DEVELOPER: 101 River Harbor Limited Partnership P.O. Box 21475 Little Rock, AR 72221 ENGINEER: Hope Engineers 322 North Market Street Benton, AR AREA: 33 Acres NUMBER OF LOTS: 52 FT. NEW STREET: 2632 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Marina and Single-family (50 residential lots) VARIANCESIWAIVERS REQUESTED: None requested. December 4, 2003 SUBDIVISION ITEM NO.: B.1 Cont. A. PROPOSAL/REQUEST: FILE NO.: Z-7412 The applicant proposes a two fold development on this 33 acre tract. The proposal includes the subdivision of 22 acres into 50 single-family residential lots and the redevelopment of an existing non -conforming commercial uses, River Valley Marina, located on a 10 acre tract. The site is located within the City's Extraterritorial Planning Jurisdiction but not within the city limits of Little Rock. The property is located on County Farm Road, south and east of its intersection with River Valley Marina Road. The plan is to extend a waterway from the Little Maumelle River and provide 47 of the 50 lots with a waterfront setting. The proposed development is intended to provide quality residential development and utilize the recreational and scenic attributes of the Little Maumelle and Arkansas Rivers, and the surrounding area. The applicant has contact the US Army Corp of Engineers concerning the extension of the Little Maumelle. A permit has been issued but the previous permit does not match the existing development. The applicant is working with the Corp to determine what additional review procedures will be required. A portion of the proposed project lines in the floodway per the Floodway Designation Map for Pulaski County. The applicant has indicated they will work with the County and the Corp of Engineers to remove this area from the floodway. The applicant's project lies outside the city limits and will not be allowed to connect to the City of Little Rock's wastewater collection system. The applicant has indicated a private wastewater collection system. Each unit will have an individual septic tank where solids are collected. The liquids will be piped to a centralized location for further treatment before being released. The applicant has indicated an essential component of the proposed plan is the redevelopment of the River Valley Marina. The Marina has been in operation on the site since the late 1960's. When the City expanded the Extraterritorial Planning Jurisdiction in the area the site became a non -conforming use. The proposed plan includes the removal of the existing marina buildings and complete redevelopment of the site, providing essentially the same commercial area under roof, but in new structures on a reduced portion of the real property. The applicant has indicated the existing docks along the Little Maumelle will remain but will be rehabbed. 2 December 4, 2003 SUBDIVISION ITEM NO.: B.1 (Cont. B. EXISTING CONDITIONS: The site contains an existing marina with a storage boats. Along the river are also boats slips. The area of the proposed single-family and being used as a hayfield. FILE NO.: Z-7412 bait shop, boat repair and outdoor docked in both covered and open is currently vacant, grass covered The Little Maumelle River adjoins the site to the south. The area to the east and the west are currently vacant and also being used as hayfields. The area to the north of the site is developed with single-family homes on five acre tracts adjoining the Arkansas River. C. NEIGHBORHOOD COMMENTS: The Walton Heights/Candlewood Neighborhood Association and the River Valley Property Owners Association were notified of the Public Hearing along with all owners of property located within 200 feet of the site and all residents who could be identified located within 300 feet of the site. As of this writing, staff has received several informational phone calls concerning the proposed development. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. County Farm Road is classified on the Master Street Plan as a Collector. A dedication of right-of-way 30 -feet form centerline will be required. The 50 -feet wide right-of-way widths for internal roads are acceptable. 2. Provide design of streets conforming to the Master Street Plan. Construct 18 - foot half -street improvements to County Farm Road including 5 -foot sidewalks with planned development. Construct other street improvements as shown (26 -feet minimum width plus sidewalks). 3. This property is outside the corporate limits of Little Rock. Stormwater detention and grading permits are not required. 4. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 5. Obtain a NDPES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. The proposed alteration of the floodway will require flood map revisions or a no rise certificate. Obtain conditional approval from Pulaski County and the Federal Emergency Management Agency prior to start of work. 3 December 4, 2003 SUBDIVISION ITEM NO.: B.1 (Cont. FILE NO.: Z-7412 7. The minimum Finish Floor elevation above the 100 year flood elevation, as established by Pulaski County, is required to be shown on the plat. (Note: Maps indicate a base flood elevation of 264 feet or 12 foot above the typical grade.) 8. Show the limits of the floodway on the proposed plat. Per FEMA regulations, no fill or building construction is permitted in the floodway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary. No connection maybe made to the existing force main located in County Farm Road. Enter- : Approved as submitted. Center -Point Ener : Approved as submitted. SBC: SBC has some existing facilities that may need to be relocated or removed for this construction project. Contact SBC at 373-5112 for additional details. Central Arkansas Water: Water main extensions will be required in order_ to provide fire protection and domestic service to this property. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. All Central Arkansas Water requirements in effect at the time of request for water service must be met. This development will have minor impact on existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Additional fire hydrants will be required. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. F. ISSUESITECHNICALIDESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Single Family and Park/Open Space for this property. The applicant has applied for a Planned Commercial Development for a marina. A land use plan amendment for a change to Commercial is a separate item on this agenda. 0 December 4, 2003 SUBDIVISION ITEM NO.: B.1 Cont. FILE NO.: Z-7412 City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: Areas set aside for buffers and landscaping meet with ordinance requirements. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required where commercial property is adjacent to residential to the south, east and west. An irrigation system to water landscaped areas will be required. Prior to obtaining a building permit, it will be necessary to provide landscape plans stamped with the seal of a Register Landscape Architect. Building Codes: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 22, 2003) The applicant was present representing the request. Staff briefly described the proposal noting additional information was required to complete the review. Staff requested a preliminary plat to encompass the entire ownership. Staff noted front platted building lines and easements were the only requirement on the preliminary plat. Staff noted the comment from wastewater stating the development would be required to install their own wastewater collection and treatment facility. The applicant stated a consultant had been hired to design the system. The applicant stated the system would include a septic system at each home with solids being retained and the liquids being pumped to a centralized location for further treatment before discharge. Public Works comments were addressed. The applicant noted the streets would be constructed to Master Street Plan requirement as requested. Staff also noted the limits of the floodplain and the floodway. There was a general discussion concerning the development and the requirements for developing in the floodplain. Staff noted no development could take place in the floodway. Staff questioned the material of the wall construction and the maintenance of the wall. The applicant noted the wall would be constructed of wood and the property owners association would be responsible for maintaining the wall. �I December 4, 2003 SUBDIVISION ITEM NO.: B.1 Cont FILE NO.: Z-7412 Staff questioned if the existing river development would remain. The applicant stated the existing docks would remain but would be rehabbed. There being no further items for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the May 22, 2003 Subdivision Committee meeting. The applicant has indicated a 30 -foot platted building line along County Farm Road as required by the Subdivision Ordinance. The applicant has also indicated the linear feet of internal street within the development. The applicant has stated the streets will be developed to Master Street Plan standard and be dedicated as public streets. The applicant has also indicated the areas of outdoor storage. The applicant has indicated an area near the marina building to be used for overflow boat parking. The applicant has indicated the current zoning of the single-family portion of the site as zoned R-2, Single-family but the marina portion as zoned C-4. In the General Note section the applicant has stated the zoning classification of the single-family portion as an R-1 Zoning District. The C-4 zoning and the R-1 zoning are stated incorrectly. The entire site is zoned R-2, Single-family with the marina being a non -conforming use. The proposed zoning classification is PCD to allow the site to develop as a single-family subdivision and the marina to be redeveloped. The applicant has indicated the minimum lot size as 7,000 square feet with the proposed average lot size being approximately 9,000 square feet. The proposed lot sizes meet the minimum requirements of the Subdivision Ordinance. The commercial lot proposed is also adequate to meet the minimum requirements for a commercial lot. The remaining portion of the property is located across the Little Maumelle River. There is currently no access to the site and there is no access to the site proposed. The proposed development is intended to allow water access to 47 of the 50 proposed lots. The Little Maumelle River will be dredged to create an embayment. The applicant is proposing the retaining wall of the bulkhead to be constructed of wooden pilings. The applicant has indicated the maintenance of the bulkhead to be by a property owners association. Per the Zoning Ordinance (Section 36-459) the applicant is to establish in the Bill of Assurance for the proposed subdivision "... the ownership, operation, construction and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measures and similar common elements in a development." Since a proposed Bill of Assurance R December 4, 2003 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-7412 was not submitted to staff for review staff is unsure as to the provision for maintenance of the retaining walls. Staff would recommend if the proposed development is approved the applicant establish the Bill of Assurance and work with the City Attorney's office to ensure the legal form and effect prior to final approval of the proposed development. Per the Zoning Ordinance Section 36-460 the Commission should take into consideration when reviewing a proposed development the compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. In addition the Commission shall involve a consideration of water conservation, preservation of natural site, amenities and the protection of watercourses from erosion and siltation. The Residential Densities shall be determined on the basis of the following considerations: The densities of the surrounding development; The densities allowed under the current zoning; The urban development goals and other policies of the comprehensive plan, the topography and character of the natural environment, and the impact of a given density on the specific site and adjacent properties. Staff does not feel the proposed development meet these criteria. Per Zoning Ordinance [Section 36-460(h)] "well designed open space is an important factor in providing for innovative design and visual attractiveness. Open space shall be evaluated utilizing the following general guidelines: (1) A minimum of ten to fifteen percent of gross planned residential district areas shall be designated as common usable open space. (2) Single-family, duplex, zero - lot -line and townhouse development shall have a minimum of 500 square feet of usable private open space per unit (3) No more than one-half of the common usable open space may be covered by water." Based on 22 acres of single- family development the applicant would be required approximately 96,000 square feet of open space. Although, a large portion of the area is designated as common open space the development appears to indicated approximately 6000 square feet of open space in the form of a neighborhood park. The remainder of the common open space is to be in the bulkhead, which the entirely may not be considered as open space per the Zoning Ordinance. The applicant has also indicated the floodway limits on the proposed site plan. This information was received from Pulaski County Flood Boundary and Floodway Map numbered 050179 0258, bearing an effective date of August 5, 1991. Per FEMA regulations, no fill or building construction is permitted in the floodway. There is a process in which the limits of the floodway may be changed and the applicant has indicated this process will be undertaken. Staff is not comfortable with the approval of the proposed development without the clearance from the Corp of Engineers for relocation of the floodway limits. Staff would recommend the applicant secure the necessary approval from the Corp of Engineers prior to the City of Little Rock approval of the proposed development. To secure the necessary approval from the Corp of Engineers redesign of the 7 December 4, 2003 SUBDIVISION M NO.: B.1 (Cont.) FILE NO.: Z-741 existing layout may be necessary. If this is the case the Commission is required to re-evaluate the development based on a new layout. The proposed development will also require alteration of watercourses. The applicant has a previously approved 404 Permit, which does not match the existing project. The permit authorized the continuing operation and maintenance of an existing commercial marina. The authorization includes new work, consisting of the dredging of, and the incidental redeposit of, dredged material for a connection between the Little Maumelle River and a new embayment being constructed for a 250 -slip marina. The applicant has stated they are working with the Corp of Engineers to determine if a major or minor modification to the existing permit is required. Staff feels this is a key component of the development. If the permit is not issued the development will not take place. Staff feels the issues with the Corp of Engineers should be resolved prior to approval by the City of Little Rock. The applicant has indicated the development will be served by a private wastewater collection and treatment facility. Per the Subdivision Ordinance (Section 31-400) all subdivision shall be provided with a sewage collection and treatment system approved by the wastewater utility and/or the state board of health. The sewage collection system shall be designed to handle the anticipated flow of sewage from within the subdivision, including development of future sections of the same subdivision and adjacent areas within the same drainage basin. The subdivider shall either install the improvements referred to or whenever a septic tank and absorption system or private water supply is to be provided, require as a condition in the bill of assurance of the subdivision, that those facilities shall be installed by the builder of the improvements of the lots in accordance with Section 31-400 of the City of Little Rock Subdivision Ordinance. The applicant has not provided any details concerning the proposed wastewater collection and treatment facility nor has the applicant provided staff with any approvals from the Department of Health or the State Department of Environmental Quality. Staff has some great concerns with the proposed development. In staffs opinion the proposed development does not meet the intent of the Planned Zoning District's General Purpose. The Zoning Ordinance states a PUD is not granted for the benefit of the applicant, but are used to establish developments that are compatible with the surrounding area, are harmonious with the character of the neighborhood, do not have a negative effect upon the future development of the area, permit coordination of the planning of the land surrounding the PUD or PD and create a desirable and stable environment. 19 December 4, 2003 SUBDIVISIO ITEM NO.: B.1 Cont. FILE NO.: Z-7412 Staff feels the applicant is premature in the filing of the request. All necessary approvals have not been obtained to allow the project to develop. There are approvals needed from the Corp of Engineers concerning building construction in a floodway, a permit to allow the dredging and creation of the embayment area and approval of the Department of Health and the Department of Environmental Quality for the wastewater collection and treatment facility. The proposed request does not fit with the City of Little Rock's Future Land Use Plan. The Plan indicated the site as Park/Open Space and Single Family. There is a request to amend the Land Use Plan to allow the marina portion of the site to develop with a Commercial designation. Staff feels a Commercial designation in this area does not fit. The area is predominately Single Family on the Plan. Typically the Plan allows for buffers of less intense uses between Commercial designations and Single Family. The Parks Plan indicates this area as a part of a trail of parks connecting Two Rivers Park with other areas west of the city. Further more staff feels the proposed development does not fit with the character of the surrounding area. The area has developed with homes on large lots (5 - acre tracts). The proposed development would allow for one-quarter acre lots at best. STAFF RECOMMENDATION: Staff recommends denial of the proposed development as filed. PLANNING COMMISSION ACTION: (JUNE 12, 2003) The applicant was present representing the request. There were objectors present. Commissioner Lowry stated he would have to recuse on the item due to a conflict of interest. Staff presented the item with a recommendation of denial. Staff stated there were a number of unresolved issues related to the development that warranted approvals prior to the City approving the development. Ms. Cindy Dawson, Deputy City Attorney, stated she did not feel the Commission could hear the item based on the Subdivision Ordinance requirement of Section 31-400 (b). She stated the wastewater collection and treatment issue would have to be resolved prior to approval. Mr. David Henry representing the applicant stated he disagreed with the City Attorney's opinion. He stated the development was a community and this requirement did not apply to the development. He stated the system would be subject to ADEQ (Arkansas Department of Environmental Quality) approval and not the City of Little Rock's approval. He stated the approvals could not be secured without the approval of the City December 4, 2003 SUBDIVISION ITEM NO.: B.1 (Cont. ILE NO.: Z-7412 of Little Rock approving the preliminary plat first. He stated once the City approved the request then the applicant would work with the Corp of Engineers, the County, FEMA and the Health Department to resolve the outstanding issues. Staff stated they did not agree with this request. Staff stated if the project was located within the City a plat would not be approved because a portion of the development was located in the floodway. Mr. Rusty McMullan spoke in opposition of the proposed development. He stated his concerns were with the discharge of the affluent into the Little Maumelle River. He stated if the area was flooded the affluent would then be forced into the backwaters of the Little Maumelle River. He questioned at what point an environmental impact study would be conducted on the site. Mr. McMullan stated he was also concerned with the traffic the site would generate. He stated with the development of 50 single-family lots there would be a significant increase in the traffic on County Farm Road. He stated the roads in the area were not equipment to handle such an increase in the amount of traffic. Mr. Louis Bianco spoke in opposition of the proposed development. He stated his primary concern was that of the lack of city services such as wastewater collection and fire protection. He stated there were two (2) subdivisions currently under construction in the area both of which received all the necessary approval prior to the City approving the preliminary plat. Mr. Paul Cook spoke in opposition of the proposed development. He stated with the current FEMA regulations the homes would be required to be constructed at a minimum of 12 -feet above the road. He stated this would look out of place in the area. He stated currently the homes were constructed on five (5) acre tracts and the proposed development was out of character. Ms. Ruth Bell spoke in opposition of the proposed development. She stated if the City had a check list and went down the list checking off all the things that the subdivision met then few items that would be checked off. There was a general discussion concerning if the Commission should be considering the request. The were a general consensus the application should be deferred for six (6) weeks to resolve as many outstanding issues associated with the proposed request as possible. A motion was made to defer the item to the July 24, 2003 Public Hearing. The motion carried by a vote of 9 ayes, 0 ones, 1 absent and 1 recuse (Bob Lowry). 10 December 4, 2003 SUBDIVISION ITEM NO.: B.1 Cont. FILE NO.: Z-7412 PLANNING COMMISSION ACTION: (JULY 24, 2003) Mr. David Henry was present representing the request. There were objectors present. Staff stated the applicant had requested the item be deferred to the October 16, 2003 Public Hearing. Staff stated the request for the deferral was not received as required by the Planning Commission By -Laws and would require a waiver of the By -Laws to allow the deferral. A motion was made to waive the By -Laws to allow the deferral of the request. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. There was no further discussion of the item. The Chair placed the item on the consent agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (OCTOBER 16, 2003) The applicant was not present. There was one registered objector present. Staff stated the applicant had requested the item be deferred to the December 4, 2003 Public Hearing. Staff noted the request was the third deferral request for the item. Staff recommended if the issues related to the application were not resolved prior to the December 4, 2003 Public Hearing the item be withdrawn and filed at a later date if and when the outstanding issues were resolved. Staff stated the deferral request would take a waiver of the By -Laws related to the number of deferral request and the timeliness of the requested deferral. Separate motions were made for each of the deferral request. Each motion carried by a vote of 9 ayes, 0 noes and 2 absent. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 4, 2003) The applicant was not present. There were no registered objectors present. Staff stated the applicant had contacted them requesting the item be withdrawn from consideration without prejudice. Staff stated the applicant had indicated once all the issues related to the floodway and wastewater collection and treatment were resolved they would refile the request. Staff stated they were supportive of the request. There was no further discussion of the item. The item was placed on the consent agenda for withdrawal. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. 11 Subdivision Committee Comments ITEM NO.: 17.1 May 22, 2003 FILE NO.: Z-7412 NAME: River Harbor Long -form PCD LOCATION: On County Farm Road east of River Valley Marina Road Planning Staff Comments: 1. Provide notification of property owners located within 200 -feet of the proposed development complete with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. Provide a 30 -foot platted building line along County Farm Road. County Farm Road is classified as a Collector street on the Master Street Plan. 3. Provide a complete survey of the site. 4. Indicate the zoning classification of the site along with the zoning classifications of abutting properties. 5. Provide the Certificates of Preliminary Platting on the proposed preliminary plat. (Certificate of Surveying, Certificate of Engineering and Certificate of Preliminary Plat Approval.) 6. Provide name/address of the owner and the source of title on the proposed preliminary plat. 7. Provide the linear feet of internal street in the General Notes section of the preliminary plat. 8. The applicant is proposing a private wastewater collection and treatment system. Provide details of the proposed wastewater collection and treatment system. 9. Provide a phasing plan. 10. Provide the limits of the floodway on the proposed site plan. 11. Provide two (2) copies of a preliminary plat indicating the proposed lots and platted building lines and easements where applicable. Do not plat the side yard and rear yard building lines. 12. Provide the days and hours of operation of the marina. 13. Provide details concerning outdoor activities taking place at the marina. Provide any areas which will be used as outdoor storage areas. s14. Will the existing boat docks along the river remain? Variance/Waivers:A , 1. None requested. �f J Public Works: 1. County Farm Road is classified on the Master Street Plan as a Collector. A dedication of right-of-way 30 -feet form centerline will be required. The 50 -feet wide right-of-way widths for internal roads are acceptable. 2. Provide design of streets conforming to the Master Street Plan. Construct 18 -foot half -street improvements to County Farm Road including 5 -foot sidewalks with planned development. Construct other street improvements as shown (26 -feet minimum width plus sidewalks). 3. This property is outside the corporate limits of Little Rock. Stormwater detention and grading permits are not required. 4. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 5. Obtain a NDPES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. The proposed alteration of the floodway will require flood map revisions or a no rise certificate. Obtain conditional approval from Pulaski County and the Federal Emergency Management Agency prior to start of work. 7. The minimum Finish Floor elevation above the 100 year flood elevation, as established by Pulaski County, is required to be shown on the plat. (Note: Maps indicate a base flood elevation of 264 feet or 12 foot above the typical grade.) 8. Show the limits of the floodway on the proposed plat. Per FEMA regulations, no fill or building construction is permitted in the floodway. Utilities and Fire Department/County Planning: Wastewater: Outside service boundary. No connection maybe made to the existing force main located in County Farm Road. Entergy: Approved as submitted - Center -Point Energy: Approved as submitted. SBC: SBC has some existing facilities that may need to be relocated or removed for this construction project. Contact SBC at 373-5112 for additional details. Central Arkansas Water: Water main extensions will be required in order to provide fire protection and domestic service to this property. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. All Central Arkansas Water requirements in effect at the time of request for water service must be met. This development will have minor impact on existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Additional fire hydrants will be required. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. Planning Division: No comment. Landscape: Areas set aside for buffers and landscaping meet with ordinance requirements. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required where commercial property is adjacent to residential to the south, east and west. An irrigation system to water landscaped areas will be required. Prior to obtaining a building permit, it will be necessary to provide landscape plans stamped with the seal of a Register Landscape Architect. Revised plat/plan: Submit four (4) copies of a revised site plan (to include the additional information as noted above) to staff on Wednesday, May 28, 2003.