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Home My WebLink AboutS-0329 Staff Analysis1. Meeting Date: May 2, 1989 2. Case No.: S-329 3_ Request: A request from the developer of Farmers Replat for a waiver of sidewalks and other street improvements, including the widening of Arch Street Pike to an arterial standard. 4. Location: 17697 Arch Street Pike 5. Owner/A.pplican. t: Johnny T. Farmer 6. Existing Status: The property contains a single family dwelling on the north lot and a mobile home on the smaller south lot. 7. Proposed Use: Use is to be retained as they exist. 8. Staff Recommendation: Planning Staff recommends approval of the replat as filed with the accompanying variances. 9. Planning Commission Recommendation: Planning Commission recommends approval as recommended by the Staff. 10. Recommendation Forwarded With: 9 ayes, 0 nays, 2 absent. 11. Objectors': None. i FILE NO.: S-329 NAME: Farmers Replat of Comstock Addition LOCATION: On the west side of Arch Street Pike north of Pratt Road. DEVELOPER: ENGINEER: Johnny T. Farmer Edward 0. Fryar 17697 Arch Street Pike 54 Kings Park Road Little Rock, AR 72205 Little Rock, AR 72207 225-7597 AREA: 5.43 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: Outside City Limits PROPOSED USES: Residential: 14 CENSUS TRACT: 40.02 VARIANCES REQUESTED: 1. Sidewalks. 2. Curb and gutter. 3. Street width improvements. A. PROPOSAL/REQUEST: This proposal consists of a two -lot replat out of a larger lot. The plat, as submitted, is proposed for residential usage. B. EXISTING CONDITIONS: The site is currently occupied by a residence on each of the two tracts. (Continued C. ENGINEERING COMMENTS: Arch Street Pike, lying along the east boundary of this property, is a principal arterial. The right-of-way requirement for that street will be 55 feet from the center line on this owner's side of the street. There are no sidewalks within miles of this property and very little street improvement, none of which is to an arterial standard. The improvement of the State Highway, should this occur, would probably be as a single large project. Therefore, a waiver of the street improvement and sidewalks are appropriate. D. ISSUESJLEGALITECHN.ICAL/ DES IGN: There are no issues associated with this plat. E. ANALYSIS: Planning Staff review of this plat finds little of consequence to comment on except for the additional right-of-way of approximately 5 feet in order to bring the plat into conformance with the Master Street Plan. F. STAFF RECOMMENDATION: Staff recommends approval of this plat subject to resolution of the right-of-way issue. Further, that the waivers be granted as requested and forwarded to the City Board of Directors. SUBDIVISION COMMITTEE COMMENT: (March 23, 1989) The application was represented by Mr. Fryar, the engineer on the project. Planning Staff indicated that there were no issues remaining other than the dedication of an additional five feet of right-of-way for Arch Street Pike. Mr. Fryer indicated he understood the issue. There was no further discussion of the matter. (Co_n t i nued } PLANNING.COMMISSION ACTI.ON: (April 4, 1989) The Planning Staff reported that this item was appropriate for placement on the Consent Agenda for approval. There was only one item remaining to be resolved, that being a variance requiring Board of Directors' approval. After a brief discussion, the Commission determined it appropriate to place the item on the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 2 absent. r BILL OF ASSURANCE FARMER'S REPLAT OF LOT 13, COMSTOCK ADDITION TO LITTLE ROCK, PULASKI COUNTY, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: THAT,. WHEREAS,, Johnny t . Farmer •and Dora M.. Farmer are the sole owners of the following described lands lying in the Cbunt,y of Pulaski,. State of Arkgnsq s, . to wits Lot No.. 13., Cbnstock Addition to Little Rock as shown by Plat Book 1; Page 96.. AND. WHEREAS,, it is desireable that all of the above described property be subdivided into two tracts and highway right-of-way; NOW THEREFORE WITNESSETH: THAT WE, the said Johnny T. Farmer and Dori, M. Farmer hereinafter termed- grantors,, have caused said Lot 13 to be surveyed by Otis B. Knox,. ae registered Land Surveyor,, and a plat -thereof made which is identified by the title FARMER'S REPLAT OF LOT NO., 13,,,;COMSTOCK- ADDITION TO LITTLE ROCK, PULASKI COUNTY., ARKANSAS and the date 14 January 1989,-and the signature of the Circuit Clerk and ex-officio-Recorder Pulaski County,, Arkansas,, my Plat Book page and the Grantors do hareby make this Bill of Assurance. by of AND,, the grantors hereby certify that they have laid off,, platted and subdivided,.and do hereby lay bff,. plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall forever be known as FARMER'S REPLAT OF LOT NO., 13,. COMSTOCK ADDITION TO LITTLE ROCK, PULASKI COUNTY,, ARKANSAS., The grantors hereby dedicate to the public forever an easement of way on and over Arch Street Pike (Arkansas Highway 367) as shown by said plat,, to be used as public streets. Hereafter, conveyance and description of any of said lands by tract number as shorn on said plat,, shall be a proper and sufficient description thereof. The tracts in said subdivision -shall be sold by the grantors and shall be purchased by the buyers thereof., subject to the following covenants., to wits 1'. No tract shall be re -subdivided into nor shall any dwelling be erected or placed on any tract or building site -2- having a width of less than 60 feet at the building line or an area cf less than 69000 square feet. 2. No building or fence is to be constructed on any tract ne„rer than the building line noted on said plat-� 3. The front yard setback shall be 25 feet, the rear yard shall be 25 feet, the side yard setback shall be,. for the main structure, 10 percent of the average width of the tract provided such side yard need not exceed 8 feet im width,, and accessory structures shall be located nt least 60 feet from the front property line, and may be placed no less than 5 feet from the side lot line. 4. No -buildings, fences, incinerators, paved driveways,, or other permanentstructure or improvement of any kind,, whether herein specifically enumer-ted or not, s3'all be built or maintained within the area of any of the easements shwon on theplat,.and in the event any such ❑bstrLiction is p'Jaced thereon in violation of thisrestriction and reservation; no utility and/or public agent will be liable fordestruction of same in constructing and maintaining its facilities located within the area of said easement. 5. No obstruction shall be placed in the street. 6. These covenants and restrictions are to run with the land and shall be bindingon all -parties and all persons claiming under them for a period of 30 years from the date these cevenants and restrictions are recorded, after which time saidcovenants and restrictions shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority of the then owners of the tracts has been recorded, agreeing to change said covenants and restrictions in whole or in part. 7•• These covenants and restrictions shall not be amended, canceled,, or sucl)lemented unless an instrument signed by at least eighty (80) per cent of the owners of the aforesaid tracts is solaced on record agreeing to change the covenants a-ndrestrictions in whole or in part, and any change must be approved by the Little Rock Planning Commission.. 8. In the event of any attempt to violate any of the covenants or restrictionsherein, before the expiration date hereof, it shall be lawful for any person orpersons owning a tract in said replat to prosecute any proceedings at law or in equity against the person or persons violating or attempting - to violate anysuch covenant or restriction, and either to prevent him or them from so doing or torecover damages or other dues for such violation. 90. The invalidation of any one of these covenants or restrictions by judgement or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. DATE t r;1 /l Johnny T.6/rP..rier Dora M. Farmer LITTLE ROCI, 'PLAD ING CO SIC!l� A!�P,4DVFP ACKNOWLEDGEMENT STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) BE IT REMEMBERED that on this day before me,. a Notary Public, -within and for the Counter and Sty, to aforesaid, duly commissioned and acting,, Johnny T. Farraer and Dora. M.. Farmer,. Grantors in the foregoing instrument,.and stRtPd that they had executed the same for the consideration and purposes therein mentioned and set forth.. WITNESS my hand and seal as such Norary Public on this day of 27 February,.1989. NOTA Y VLIC MY COMMISSION EXPIRES: