Loading...
HomeMy WebLinkAboutZ-7473 Staff AnalysisDecember 4, 2003 ITEM NO.: E NAME, LOCATION: OWNER/APP LI CANT: FILE NO.: Z-7473 Culzean Estates Recreational Facility — Conditional Use Permit North of David O Dodd and Shadybrook, east of 1-430 Mystery Properties, Inc./Patrick McGetrick PROPOSAL: A conditional use permit is requested to allow a private recreational facility associated with a proposed new single family residential subdivision (See S-1398, Culzean Estates Preliminary Plat.) SITE LOCATION: The site is located north of David O Dodd and Shadybrook, east of 1-430. 2, COMPATIBILITY WITH NEIGHBORHOOD: The overall area is somewhat rural in nature but is changing with the recent approvals and development of new residential subdivisions. Surrounding properties are zoned R-2 and are either undeveloped or occupied by a variety of residential structures. This proposed recreation area will be located within a proposed new residential subdivision and should be compatible with uses in the area. All owners of property located within 200 feet, all residents within 300 feet who could be identified and the Stagecoach -Dodd and SWLR United for Progress Neighborhood Associations were notified of the request. 3. ON SITE DRIVES AND PARKING: The applicant proposes a 42 space parking lot accessed via a single driveway off of proposed Culzean View. The number of parking spaces will likely be reduced once required landscaping areas are provided. This is a ,private recreational area serving only the residents of Culzean Estates. The parking provided should be more than adequate to serve the needs of the development. 4. SCREENING AND BUFFERS: Compliance with the City's Landscape and Buffer Ordinances is required. The plan submitted does not allow for the twenty (20) foot average buffer width required along Culzean View Street. At no point should this buffer December 4, 2003 SUBDIVISION ITEM NO.: E (Cont.) _ FILE NO.: Z-7473 drop below a width of ten (10) feet. Additionally, the plan fails to provide the interior landscaping (1,555 square feet) required by the Landscape Ordinance. Additionally, there is no provision for building landscaping. 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 along the northern, southern and western perimeters of the site. An irrigation system to water landscaped areas is required. Prior to obtaining a building permit, it will be necessary to provide approved landscape plans stamped with the seal of a Registered Landscape Architect. 5. PUBLIC WORKS COMMENTS: (From S-1398) 1. The minimum curve radius on Culzean View should be 150 feet. 2. The subdivision entrance on David O Dodd should be redesigned to provide a straight, north south, alignment with the existing traffic lanes. 3. A grading permit in accordance with section 29-186(c) & (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. 4. Assuming Mystery Lake is to provide detention, the outlet works for the pond must be designed to meet storm water detention ordinance requirements. An emergency spillway must also be provided that will safely pass the 100 year storm without damage to down stream property. 5. Easements are required for all storm water drainage areas. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 7. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements if service is required for project. Entergy: Approved as submitted. December 4, 2003 SUBDIVISION ITEM NO.: E (Cont. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. FILE NO.: Z-7473 Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. A Capital Investment Charge based on the size of water main connection(s) will apply to this project in addition to normal charges. 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: Place a fire hydrant for club house. CountV Planning: No Comments received. CATA: No Comments received. SUBDIVISION COMMITTEE COMMENT: (AUGUST 14, 2003) This item was discussed partly in conjunction with Culzean Estates preliminary plat, S-1398. Staff presented the item and noted additional information was needed on the proposed clubhouse and pavilion; days and hours of operation; site lighting; dumpster location; fencing and the tot lots. Staff asked if the clubhouse/proshop would contain other facilities such as a restaurant or bar. Public Works and landscape comments were discussed. It was noted that a variance of the screening requirement on the north and west perimeters would be appropriate since those perimeters abutted the rest of the Culzean Estates development. Utility comments were noted. The applicant was advised to respond to staff issues no later than Wednesday, August 20, 2003. The Committee then forwarded the item to the full Commission. AFF ANALYSIS: The applicant has proposed the development of a new, single family residential subdivision on 40± acres located north of David O Dodd, east of 1-430 (see Culzean Estates Preliminary Plat, S-1398). The subdivision consists of 124 residential lots located around a 7.62± acre recreation area. The private recreation area contains a 6 -acre lake with two fishing piers, paddle boats, a 3 December 4, 2003 SUBDIVISION ITEM NO.: E (Cont) FILE NO.: Z-7473 miniature golf course, 2 pavilions, 2 tot lots (playgrounds), a club house, parking lot and a walkway around the perimeter of the lake. The clubhouse will have a kitchen facility but not a restaurant or bar. Sidewalks throughout the subdivision will provide access to the tot lots, lake, walkway and other recreation facility amenities. The facility's hours of operation are proposed as 7 days a week, from 8:00 a.m. — 10:00 p.m. The area of the clubhouse, pavilions and golf course will be lighted with a combination of low-level, pole -mounted lights and ground -level lights. The tot lots will be fenced with decorative materials and a 7 -foot tall wood fence will be located along the south perimeter of the site. A single ground - mounted sign will be located in front of the clubhouse, near the street. On August 20, 2003, the applicant submitted responses to issues raised at Subdivision Committee and noted in the preceding analysis. Staff is supportive of the requested conditional use permit to allow the proposed private recreation facility. The recreation area comprises 19% of the overall plat and provides recreation facilities over and above those found in a typical residential subdivision. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the approved site plan. 2. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 3. The private recreational use is to be operated only for the mutual recreation of residents of the subdivision and their guests and not as a business for profit. 4. Signage is to be limited to a single ground -mounted sign not to exceed 6 feet in height and 32 square feet in area. Staff recommends approval of a variance to allow a 7 -foot tall wood privacy fence along the south perimeter of the site subject to the fence being constructed with the finished side facing outward. Staff recommends approval of a waiver of the screening requirement on the northern and western perimeters of the recreational area since it is abutting lots within the Culzean Estates Subdivision. 4 December 4, 2003 SUBDIVISION ITEM NO.: E Cont. FILE NO.: Z-7473 PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2003) Patrick McGetrick was present representing the application. Staff informed the Commission that the applicant had requested a deferral to allow time to address unresolved issues related to the proposed access point onto David O Dodd. There was no further discussion. A motion was made to waive the bylaws and accept the late request for deferral. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to defer the item to the September 18, 2003 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2003) The applicant was present. There were several persons present registered in opposition. Staff informed the Commission that the issue of access to David O Dodd associated with the preliminary plat had not been resolved and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and deferred to the October 16, 2003 Commission meeting. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (OCTOBER 16, 2003) The applicant was present. There were other interested parties present. Staff informed the Commission that the issue of access associated with the preliminary plat had not been resolved and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and deferred to the December 4, 2003 Commission meeting. The vote was 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 4, 2003) This item was discussed concurrently with Culzean Estates Preliminary Plat (S-1398). Patrick McGetrick was presented representing the application. Staff presented the item and a recommendation of approval subject to compliance with the 61 December 4, 2003 SUBDIVISION ITEM NO.: E Cont. FILE NO.: Z-7473 conditions outlined in the "Staff Recommendation" above. Acting Chairman Rahman asked that the opponents speak first. Archie Beggs, of 11453 David O Dodd Road, stated he would prefer larger lots and he wanted assurance that drainage issues would be addressed. Elizabeth Phifer, of 6105 Shadybrook Drive, stated the neighborhood was in support of the item if a neighborhood resident was given a position on the Culzean Estates Property Owners Association (POA) and if the fee structure of the POA was set up so that there was a separate fee to allow use of the recreation facility. During the ensuing discussion, it was determined that a Shadybrook resident could have a position on the Culzean Estates Board and that the fee structure could be set up as described by Mr. Phifer. Mr. Beggs reiterated his desire to see larger lots. He stated he was okay with the recreation area as long as it was not a commercial business; that it is only for residents of the two subdivisions. He stated he wanted a minimum lot width of 65 feet. In response to a question from Commissioner Williams, Mr. Beggs stated the 65 -foot width was arrived at after polling the neighbors. Dana Carney, of the Planning Staff, interjected that the recreation area could not be a commercial use; that it could only be for the use of the subdivision residents and guests. Ruth Bell, of the League of Women Voters, expressed concerns about the number of variances associated with the plat as well as the variance from the requirement to place screening on the north and west perimeters of the recreation area. In response to questions from Commissioner Adcock, Mike Hood of Public Works stated the applicant would have to widen David O Dodd Road at the new subdivision's entrance. He stated the proposed new subdivision would not increase traffic on David O Dodd Road beyond what the street could handle. Commissioner Lowry stated use of the recreation area should include residents of Shadybrook and residents and property owners of Culzean Estates and their guests. Commissioner Rector stated the recreation area was not to be rented out for commercial use. 0 December 4, 2003 SUBDIVISION ITEM NO.: E Cont. FILE NO.: Z-7473 Patrick McGetrick stated the 8 -acre recreation area would be landscaped. He stated the south perimeter would be screened where adjacent to the golf course, clubhouse and parking lot. He stated residents of the subdivision to the north and west of the recreation area should not have their view of the lake interrupted by screening. Mr. McGetrick stated a second detention area would be constructed at the south end of the subdivision, near David O Dodd Road. He stated the size of the lots would be adjusted so that there would not be any variances requested for lot size. He stated there would be some lot width -to - depth variances requested for the lots that abut the lake. Mr. McGetrick stated a resident of Shadybrook would be permitted on the Culzean Estates POA and the fee schedule would be adjusted to have a reduced fee for use of the recreation facility. In response to a question from Commissioner Floyd, Mr. McGetrick reiterated that he was committing to eliminate any variances for reduced lot sizes. Commissioner Floyd asked how the water level in the lake could be maintained at a level that was appropriate to allow its use as a recreation area and still accommodate its use as a detention facility. Mr. McGetrick responded that the lake would have enough surface area to do that with only minor fluctuations in water depth. In response to a question from Commissioner Floyd, Mr. McGetrick stated the lake, dam and sidewalk around the lake would be constructed in Phase I and the rest of the recreation facility would be built with Phase II of the subdivision. In response to a question from Commissioner Meyer, Mr. McGetrick described the combination of sidewalks and walking trails in the proposed subdivision. He stated there would actually be more linear feet of paved walking areas than if sidewalks were only placed on all of the streets. Commissioner Rector restated that there would be no commercial use of the recreation facility and it would be governed by the POA. In response to a question from the Commission, Mr. McGetrick stated a Shadybrook resident would be permitted to be on the Culzean Estates Board and there would be a two -fee structure. In response to a question from Commissioner Taylor, Mr. McGetrick stated no swimming would be permitted in the lake and only those boats rented from the recreation facility would be permitted on the lake. 7 December 4, 2003 SUBDIVISION ITEM NO.: E Cont. FILE NO.: Z-7473 A motion was made to approve the plat subject to all staff comments and conditions. The motion was .approved by a vote of 9 ayes, 1 noe, 0 absent and 1 abstaining (Allen). A motion was made to approve the conditional use permit subject to compliance with the conditions outlined in the "Staff Recommendation", including the fence height and screening variances and the requirement that use of the recreation facility be limited to residents and property owners of Culzean Estates and their guests as well as residents of Shadybrook and their guests. The motion was approved by a vote of 10 ayes, 0 noes, 0 absent and 1 abstaining (Allen). 1.9