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HomeMy WebLinkAboutZ-8724 Staff AnalysisSUBDIVISION COMMITTEE COMMENTS NOVEMBER 23, 2011 ITEM NO.: 8. DOUGAN LANDING FIELD CONDITIONAL USE PERMIT - 22 ISBELL LANE (Z-8724) Planning Staff Comments: 1. The property is located outside the City limits, within the City's zoning jurisdiction, 2. There is no Bill of Assurance for this acreage tract. Variance/Waivers: ■ None requested Public Works: 1. No Comments. Utilities and Fire Department/County_Planning: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: No comments. Outside City Limits. West Pulaski Volunteer Fire Department: Approved as submitted. On September 8, 2011, we talked to Mr. Dougan; no aviation fuel will be stored on site. Only fuel will be what is carried on helicopter. County Planning: Verify with Pulaski County Public Works to see if a flood development permit is needed. As a neighboring property owner, Pulaski County objects to this proposed use. CATA: Outside of service area. Planning Division: No Comments. Landscape: No Comments. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday November 30, 2011. Required notices are to be sent via certified mail to all owners of property located within two hundred (200) feet of the site no later than Wednesday November 30, 2011. The City provided notice form must be used. Proof of notice is to be provided to staff no later than December 5, 2011. December 15, 2011 ITEM NO.: NAME: LOCATION: OWNER/APPLICANT FILE NO.: Z-8724 Dougan Landing Field — Conditional Use Permit 22 Isbell Lane Doug Dougan PROPOSAL: A conditional use permit is requested to allow the landing of a small, two -person helicopter (landing field) on this R-2 zoned property. SITE LOCATION: The site is located on the north side of Isbell Lane, off the east end of County Farm Road. The property is outside of the city limits, within the City's extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is one of several located along the river, north of Isbell Lane. Most of the properties appear to range from about 1 acre to 2 acres in size. Single-family residences are located on most of the properties. South of Isbell Lane is Two Rivers Park and the Pulaski County Garden Center. Staff has concerns with the possible impact of the proposed landing field on several levels. The size of the residential properties is such that there could be an impact on neighbors when the helicopter takes off and lands. The noise and buffeting of the blades is no doubt apparent to those neighbors closest to the applicant's property. South of the site is Two Rivers Park which has seen an increase in use with the completion of the bridge across Maumelle Creek. The Garden Center plots across Isbell are well used as well. Staff has concerns about the safety of persons using the Park and the garden plots if something were to happen to the helicopter while over the area. Notice of the Public Hearing was sent to all owners of properties located within 200 feet and the River Valley Neighborhood Association. 3, ON SITE DRIVES AND PARKING: A single driveway provides access to this residential property the helicopter takes off and lands at the end of the driveway, near the street. 4. SCREENING AND BUFFERS: No Comments. December 15, 2011 EM NO.: 8 (Cont. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water:NO OBJECTIONS. FILE NO.: Z-8724 All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If 2 December 15, 2011 O.: 8 (Cont.) FILE NO.: Z-8724 additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: No comments. Outside City Limits. West Pulaski Volunteer Fire Department: Approved as submitted. On September 8, 2011, we talked to Mr. Dougan; no aviation fuel will be stored on site. Only fuel will be what is carried on helicopter. County Planning: Verify with Pulaski County Public Works to see if a flood development permit is needed. As a neighboring property owner, Pulaski County objects to this proposed use. CATA: Outside of service area. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Mr. and Mrs. Dougan were present. Staff presented the item and noted no additional information was needed. Mr. Dougan explained his proposed use and stated he felt it would not impact area residents. In response to a question from the Committee, staff stated there had been a complaint, which resulted in enforcement. The Dougans described the area around their property and stated they approached and departed from their property by flying over the county property to the south. The Committee determined there were no real site plan issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 22 Isbell Lane is occupied by a one-story, brick and frame, single-family residence. The property is approximately 2 acres in size (200± feet X 460± feet). Isbell Lane is a gated, private drive providing access to about 14 properties that overlook the river. There are 7 to 8 homes on the street with at least one new home under construction. The owners of the home have apparently recently begun landing a helicopter on the property on a regular basis. In response to a complaint, staff advised the owners to cease the activity or to file a conditional use permit to allow the landing of the helicopter. On January 15, 2008, the Board of Directors passed Ordinance No. 19,910, which amended the definitions of airport or landing field and which created a definition of aircraft. The amendment was in response to an issue a couple of 3 December 15, 2011 ITEM NO.: 8 (Cont. FILE NO.: Z-8724 miles west of this site where a homeowner created a landing strip for the purpose of landing his private jet. It was determined that the ordinance needed to be amended to address this type of situation. The current definitions are as follow: Aircraft means any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air. Airport or landing field means any area of land or water designated, set aside, continuously used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or other airport facilities, rights -of -way, or approach zones, together with all airport buildings and facilities located thereon. The applicant provided the following information on the proposed use: We are requesting permission to land small, two -person helicopter at our residence at 22 Isbell Lane, Little Rock, AR 72223, outlined as follows: 1. Between 4 and 8 landings per month during normal daylight hours. 2. Helicopter is a tool that I use in my business to save time getting to job sites. We also have elderly parents. This saves us time checking on them. 3. Helicopter is small and weighs approximately 900 pounds. It is less noise than boats on the river. It takes approximately 2 minutes from start to take off, and approximately 2 minutes to shut down (less than 30 minutes per month). 4. Approach and depart to and from the south. There are open fields for approximately 3/ of a mile. 5. Will never have to fly over anyone's house or property. 6. Had always known we were outside of city limits, and did not know that this was a problem. Built new home under county rules. 7. Helicopter will always land and depart at end of our driveway, which is over 300' from anyone's house. Everyone's living in December 15, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-87 space faces the river. Approach and departure are always from opposite end of houses. 8. Private pilots in the area and from the North Little Rock airport fly this area constantly. There is always airplanes and helicopters flying over this area by the river. 9. This will always be a rural area as all landowners have acreage. Additionally, it is staff's understanding that no aviation field will be stored on site. The only fuel will be what is carried on the helicopter. Staff has concerns with the proposed use. The "open fields" referenced by the applicant for the approach and departing of the helicopter are in fact a park and public gardens. These facilities are used by the public, including families, on an increasingly regular basis. The properties across Isbell Lane are owned by the County. The County has registered its opposition to the use. Additionally, the residential properties along Isbell Lane range from 1± acres to 2± acres in size. The location at the end of the applicant's driveway where the helicopter is to land and take -off is just over three hundred (300) feet from the adjacent residences. Staff feels the noise of the helicopter and the buffeting of the blades could negatively impact those residences. The property is an acreage tract and there is no bill of assurance_ STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicant was not present. There was one objector present. Staff informed the Commission that the applicant had requested withdrawal of the item on December 12, 2011. Staff recommended approval of the withdrawal request. There was no further discussion. A motion was made to waive the Commission's bylaws to accept the late withdrawal request. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. The item was then placed on the consent agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. 5