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HomeMy WebLinkAboutS-0046-JJ Staff AnalysisJanuary 14, 2010 ITEM NO.: A NAME: Lot 134R Overlook Park Addition Replat LOCATION: Located at 27 Overlook Circle DEVELOPER: Jerry and Stephanie Atchley 27 Overlook Circle Little Rock, AR ENGINEER: Laha Engineers, Inc. 6602 Baseline Road, Suite E Little Rock, AR 72209 ARCHTECT: HOMS, Inc. 409 Main Street North Little Rock, AR 72114 AREA: 1.73 acres CURRENT ZONING PLANNING DISTRICT CENSUS TRACT: NUMBER OF LOTS: 2 R-2, Single-family 3 — West Little Rock 22.01 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: FILE NO.: S-46-JJ FT. NEW STREET: 0 LF The applicant is seeking approval of a lot split for this 1.73-acre (75,420 square foot) lot located in the Overlook Park Subdivision. The first lot will contain the existing residence and drive access from Overlook Circle. This lot will have 38,420 square feet of land from the original 75,420 square feet. The second lot will have the remaining 37,000 square feet of the original lot. The drive access is proposed from Overlook Drive along the north property line. This area is currently platted with a 10 foot no vehicle access along Overlook Drive. The January14, 2010 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: S-46-JJ applicant is requesting the removal of the restrictive access easement to allow a 25-foot single drive within the area. The remainder of the restrictive access easement will remain in place. The applicant has provided the Bill of Assurance for Lots 134 and 135 of the Overlook Park Addition to the City of Little Rock, which states vehicular access to any lot from Overlook Drive, shall be prohibited. B. EXISTING CONDITIONS: Overlook Circle is a two lane street with curb and gutter. There is no sidewalk in place along the property frontage. The area proposed for the second lot is adjacent to Overlook Drive. There are no sidewalks on this portion of Overlook Drive. The area does have curb and gutter in place. This area of the lot slopes upward from Overlook Drive quite significantly. There are single-family homes located in the immediate area to the south, west and east. The Arkansas River, the Lock and Dam and the Big Dam Bridge are located to the north of the property. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All abutting property owners and the Overlook Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the steep running slope of Overlook Drive, the proposed driveway would create unsafe driving conditions. No other driveway accesses the downhill traffic flow lane on Overlook Drive in this area. Compared to being on the north side of Overlook Drive, the downhill traffic flow of the street creates high speeds, excessive vehicle breaking for turn movements, and steep transition from the street to the driveway. 2. A 10 foot wide no vehicle access easement is located along Overlook Drive in this area. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Enterg : No comment received. 2 January 14, 2010 SUBDIVISION ITEM NO.: A Cont. FILE NO.: S-46-JJ Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Plannina Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 2, 2009) Mr. Troy Laha and Mr. Andrew McCaley were present representing the request. Staff presented an overview of the proposed plat stating there was a concern with the placement of a drive on Overlook Drive. Staff stated there were no drives located on the south side of Overlook Drive. Staff stated the traffic flow was downhill which typically increased speeds of motorist and could created safety issues. Staff requested Mr. Laha provide distances for the drive and provide a drawing of the driveway design to staff to review to determine if their concerns could be addressed. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plat to staff addressing the issues and concerns raised at the July 2, 2009, Subdivision Committee meeting. The applicant has provided a sketch of the proposed driveway as requested by staff. Staff is agreeable to allowing access and the removal of the 10-foot restrictive access easement along Overlook Drive provided the drive is constructed with the first 20 feet from the curb having a centerline grade of near 0 percent and the Q January 14, 2010 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: S-46-JJ remainder to the right-of-way line not exceeding 14 percent. The driveway will be constructed with a 20 foot curb radius. Trees within the right-of-way may be required to be removed by applicant if sight distance is not sufficient. The applicant must contact Public Works prior to the removal of any trees in the public right-of-way. The request is to allow a lot split for this 1.73-acre (75,420 square foot) lot located in the Overlook Park Subdivision. The first lot will contain the existing residence and drive access from Overlook Circle. The lot will contain 38,420 square feet. The second lot will have the remaining 37,000 square feet of the original lot with the drive access from Overlook Drive along the north property line. This area is currently platted with a 10 foot no vehicle access along Overlook Drive. The applicant is requesting the removal of the restrictive access easement to allow a 25-foot single drive within the area. The remainder of the restrictive access easement will remain in place. The applicant has provided the Bill of Assurance for Lots 134 and 135 of the Overlook Park Addition to the City of Little Rock, which states vehicular access to any lot from Overlook Drive, shall be prohibited. Section 4 of the Bill of Assurance states no lot shall be subdivided without the written consent of the Allotter and the Little Rock Planning Commission. Section 27 of the Bill of Assurance states any and all of the covenants, provisions or restrictions set forth in the Bill of Assurance may be amended, modified, extended, changed or canceled in whole or in part by a written instrument signed and acknowledged by the owner or owners of over 50 percent in area of the land in this addition, including lands adjacent to any platted parts of this addition, owned by the Allotter, and included in the overall preliminary plat of the addition filed with the Little Rock Planning Commission; provided, any such amendment shall be subject to approval by the Little Rock Planning Commission and Arkansas Power and Light Company Although there are issues with the Bill of Assurance concerning the proposed replatting of the property the City typically does not get involved in Bill of Assurance issues. The replat as proposed allows lot areas sufficient to meet the typical standards of the City's Subdivision Ordinance. Public Works staff has indicated they are supportive of allow a drive to access the second lot from Overlook Drive. To staff's knowledge there are no remaining outstanding technical issues associated with the request. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. E January 14, 2010 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: S-46-JJ Staff recommends approval of allowing access and the removal of the 10-foot restrictive access easement along Overlook Drive provided the drive is constructed with the first 20 feet from the curb having a centerline grade of near 0 percent and the remainder to the right-of-way line not exceeding 14 percent. The driveway must be constructed with a 20 foot curb radius. Trees within the right-of-way may require removal by applicant if sight distance is not sufficient. The applicant must contact Public Works prior to the removal of any trees in the public right-of-way. PLANNING COMMISSION ACTION: (JULY 23, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide proper notification to the abutting property owners as required by the Commission's By-laws. Staff presented a recommendation of deferred to the September 3, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral as recommended by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 recusal (Commissioner Troy Laha). STAFF UPDATE: There has been no change to this application request since the previous staff write-up. Staff continues to support the request subject to the comments and conditions noted above. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 2009) The applicant was present. There were registered objectors present. Staff presented the item stating there were issues related to the Bill of Assurance which had been raised and staff needed additional time to review the issues raised. Staff requested the item be deferred to the October 15, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 5 January 14, 2010 SUBDIVISION ITEM NO.: A (Cont. STAFF UPDATE: FILE NO.: S-46-JJ The City Attorney's office is continuing to review the issue raised concerning the proposed plat and the violation of the Bill of Assurance. Staff will provide the Commission with the findings at the October 15, 2009, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 15, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating based on the City Attorney's opinion the City did not have the right to remove, in whole or in part, the existing no vehicular access easement on the north side of Lot 134 in the Overlook Park Subdivision the applicant had requested a deferral of the item to review various options for re -submittal of the plat removing the request to eliminate the no vehicular access easement. Staff stated the applicant had indicated based on the timing of the opinion they had not had time to review the various options for accessing the new lot and requested a deferral to the December 3, 2009, public hearing to determine if a different access was feasible. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of a waiver of the Commission's By-laws with regard to the late deferral request. The motion carried by a vote of 7 ayes, 0 noes; 3 absent and 1 recusal (Commissioner Laha). The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 recusal (Commissioner Laha). STAFF UPDATE: There has been no contact by the applicant since the previous public hearing. Staff recommends this item be withdrawn, without prejudice, and resubmitted once the outstanding issues related to access is resolved. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff stated the applicant had contacted them on December 2, 2009, requesting a deferral of the item to the January 14, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. 1 January 14, 2010 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: S-46-JJ There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. STAFF UPDATE: The applicant has not provided staff with an updated drawing indicating an alternate access to the site. Staff recommends withdrawal of this item, without prejudice, to allow the applicant time to resolve all outstanding issues associated with the request. PLANNING COMMISSION ACTION: (JANUARY 14, 2010) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had not provided them with an updated drawing indicating an alternate access to the site. Staff presented a recommendation of withdrawal of the item, without prejudice, to allow the applicant time to resolve all outstanding issues associated with the request. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. 7 ITEM NO.: 1 NAME: Lot 134R Overlook Park Addition Replat LOCATION: located at 27 Overlook Circle Plannina Staff Comments: S-46-JJ 1. Provide notification of all abutting property owners, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than July 8, 2009. The Office of Planning and Development must receive the proof of notice no later than July 17, 2009. 2. The request includes the removal of a 10-foot no vehicular access easement along Overlook Drive to allow the placement of a drive to serve the proposed new lot. Variance/Waivers: None requested. Public Works Conditions: 1. Due to the steep running slope of Overlook Drive, the proposed driveway would create unsafe driving conditions. No other driveway accesses the downhill traffic flow lane on Overlook Drive in this area. Compared to being on the northside of Overlook Drive, the downhill traffic flow of the street creates high speeds, excessive vehicle breaking for turn movements, and steep transition from the street to the d riveway. 2. A 10 foot wide no vehicle access easement is located along Overlook Drive in this area. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Item # 1. Planning Division: No comment. Landscape: No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, July 8, 2009. Item # 1.