HomeMy WebLinkAboutS-0025-A Staff Analysis=�F
August 12, 1980
SUBDIVISIONS
Item No. 1
NAME:
LOCATION:
DEVELOPER:
Edward K. Willis
P.O. Box 5230
Little Rock, AR
AREA: 0.84 Acres
ZONING: "MF-18"
Lots 3,4,5
Planning Commission
Preliminary: 3-28-78
Hinson Place - Lots 4 and 5
West Side of Hinson Loop Road
Approximately 200' North of
RainwPod Road
Mehlburger Engineer, Inc.
201 Izard Street
Little Rock, AR
Phone: 375-5331
NO. OF LOTS: 2 FT. OF NEW STREET: 0
PROPOSED USES: Kindergarten -
School
PLANNING DISTRICT: 25
10 CENSUS TRACT: 42.03
VARIANCES REQUESTED:
(1) Street improvements on Hinson until such time as
adjacent owners construct their improvements.
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August 12, 1980
to SUBDIVISIONS
Item No. 1 - Continued
HINSON PLACE
STAFF ANALYSIS
A. EXISTING CONDITIONS
The site in question has little natural grade and is
covered by scrub brush and some timber.
There are no on -site drainage problems. The properties
abutting are occupied by a variety of uses ranging from
a florist, an auto garage to apartments.
All public facilities are in place except proper street
construction on Hinson Loop Road. This street has been
improved to City standards on the east side adjacent
to Fox Run Apartments from Rainwood on the south to a
3
point immediately north of Lot 1 of Hinson Place.
B. DEVELOPMENT PROPOSAL
10 The site will require moderate excavation and land
forming to provide for its use as a school and
kindergarten. A conditional use permit has been
requested and will be dealt with by the Commission on
July 29. The new user is relocating from a site
further east adjacent to Interstate 430.
C. CONFORMANCE TO ORDINANCE STANDARDS
(1) Variance Requested
Improvements along Hinson Loop Road until such
time as adjacent owners construct improvements.
No justification filed.
(2) Failure to Conform to Ordinance
Lots No. 3, 4 and 5 of this plat were submitted
for preliminary approval on March 28, 1978. The
Commission required street improvements be
installed along Hinson Road including sidewalk.
These improvements were not made, and no final
plat was submitted or recorded. The same
circumstances occurred on Lots 1 and 2 during
January 1978.
AO
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August 12, 1980
SUBDIVISIONS
Item No. 1 - Continued
Although neither plat was finaled, there were lot
sales and buildings erected (upholstery and auto
garage).
D. LEGAL CONSIDERATIONS
A question arises in this review as to whether the City
can now require improvements on all the lots as a
condition of the approval of this plat.
E. STAFF RECOMMENDATION
Since the first filing of a plat on these properties,
the staff has attempted to gain some kind of hold on
the development to ensure proper platting. The first
involvement by staff occurred when Lot 1 was sold to
what was Mobil Mechanic (auto repair) and an attempt on
our part to gain conformance with platting
requirements. The building was constructed outside the
City limits. Its subsequent annexation and filing of
the preliminary plat allowed a tie to City services,
and at that point we lost control. On Lots 3, 4 and 5,
a history substantially the same occurred.
t� The staff understands the concern voiced by the
prospective owner. However, this is the last chance to
correct deficiencies and gain compliance with the
Ordinance. We do not feel that the present owner
should be allowed to sell his responsibility for street
improvements to this user or leave former purchasers to
fulfil what was his responsibility. Staff recommends
approval of the plat as one lot conditioned on a
commitment from Mr. Willis to comply with the off -site
improvements on Hinson Loop Road on all of Lots 1-5.
Further, that final plats be filed on Lots 1 and 3 to
clean up the record.
0
SUBDIVISION COMMITTEE RECOMMENDATION:
The Subdivision Committee recommends approval as recommended
by the staff subject to the following: The participants to
work with owner to develop a plan for dealing with street
improvements and report at the meeting on August 12, 1980.
It was suggested that the owner be present on the 12th and
present his position on the matter. The vote was 5 ayes and
0 noes.
n
August 12, 1980
vo SUBDIVISIONS
Item No. 1 - Continued
PLANNING COMMISSION ACTION:
A lengthy discussion of this matter was held. Mr. Burton
Speights and Mr. Maury Mitchell, representing the owner,
were present as was Mr. Black, the prospective purchaser.
The staff and applicant presented background information and
outlined the procedures used which brought this issue to
this meeting in a confused state. After receiving various
suggestions from both sides of the issue, the Commission
voted on and approved a motion to approve the plat as
recommended by the Subdivision Committee subject to the
following:
1. That the buyer, Mr. Black, and his neighbor on the
south provide letters for the case file stating
that within one year of this approval the
improvements required along Hinson Loop Road will
be installed or provisions made for such
installation.
2. Inclusion of that portion of the frontage of Lots
1, 2 and 3 in this plat for purposes of dedication
of the required 47 feet of right-of-way. Street
improvements are waived on Lots 1, 2 and 3 and
recorded to reflect that improvements are to be
gained through future building permits or plats.
The vote - 6 ayes, 0 noes, 4 absent and 1 open position.
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