Loading...
HomeMy WebLinkAboutS-0460 Staff AnalysisORDINANCE 15,725. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND WAIVER OF STREET PAVING WIDTH AND DOUBLE -FRONTAGE LOTS REQUIREMENTS RESPECTIVELY. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for variance and waiver of certain requirements within the Subdivision Regulations of the City of Little Rock for Pine Hill Homes Preliminary Plat as follows: Subsection a. That Section 31-209 of the Code of Ordinance be amended to provide for a variance in street pavement width from 27 feet to 24 feet, back-to- back on the curbing, and that Section 31-232.(d) of the Code of Ordinances be amended to provide for a waiver of the prohibition of double frontage lots. SECTION 2. This ordinance shall take effect thirty (30) days from and after its passage. PASSED: August 1, 1989 ATTEST: APPROVED: _Jane Czech Floyd G. Villines, III City Clerk � Ivf a y o r-_.��._..__... _..__ 1. Meeting Date: August 1, 1989 2. Case No.: S-460 3. Request: A waiver of the double frontage lot provisions and a variance of street design standards for West 26th Street in conjunction with Pine Hill Homes Preliminary Plat. 4. Location: Northeast corner of West 26th Street at Walker Street. 5. Owner/Applicant: Phoenix Builders by Joe White 6. Existing Status: Vacant land zoned "R-2" with an application filed for "R-3." 7. Proposed Use: Single family 8. .Staff Recommendation: Approval of the preliminary plat with several conditions. 9. Planning Commission_ Recommendation: Approval of the preliminary plat with the several conditions offered by staff plus a requirement that the Bill of Assurance and the ordinance adopted by the Board on rezoning provide for continuity of requirements. 10. Conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: A vote of 6 ayes, 0 nays, 5 absent. 13. Objectors: None in attendance. July 11, 1989 ITEM NO.: F FILE NO.: S-460 NAME: Pine Hill Homes Preliminary Plat LOCATION: Located on the northeast corner of West 26th Street and Walker Street. DEVELOPER: ENGINEER: Phoenix Builders 7900 West 36th Street Little Rock, AR 72209 228-0266 White-Daters & Assoc., Inc. 401 Victory Street Little Rock, AR 72201 374-1666 AREA: 3.7 acres NUMBER OF LOTS: 21 FT. NEW STREET: 600 ZONING: "R-2" Single family. An application for "R-3" has ................. ..__...._. been filed for July 11, 1989 PROPOSED USES: Single family lots PLANNING DISTRICT: 10 CENSUS TRACT: 24.01 VARIANCES REQUESTED: 1. Waive boundary street improvements on 26th Street. The Planning Commission denied request; recommended a 24 foot street improvement. (7-11-89) 2. Construct sidewalk during home construction. This request was removed from the agenda after redesign of the plat. (7-11-89) 3. Double frontage lots on both sides of the new street. The Planning Commission recommended approval of this variance to the Board of Directors. (7-11-89) 4. Waiver of street horizontal center line radius for the proposed new street. This request removed from the agenda after plat redesigned. July 11, 1989 ITEM N O . F (Continued) PLAT DEFICIENCIES: 1. Preliminary Bill of Assurance. 2. Provision of owner's name, address and source of title on the plat. 3. Indication of acreage on the plat. 4. Direction of flow of water courses entering and leaving the site. 5. Drainage areas. 6. Existing zoning on -site and adjacent property. 7. Source of water and sewer. A. PROPOSAL/REQUEST: This developer proposes the creation of 21 new single family lots involving lot sizes ranging from the largest at 70 feet on corner lots to the smaller lots being 50 feet fronting on the internal street. The existing line area having no open street dedicated the entire length of the 25th Street side, the developer chooses to build a new internal street which will front all of the lots inward on the development, thereby creating double frontage lots on both the 25th and 26th Street sides. There is proposed within this plat the abandonment of portions of Gi'llam Street, Potter Street, and a one-half street abandonment on 26th. The petitioner does not note such an abandonment for the western one-half of 25th Street adjacent to this property. B. EXISTING CONDITIONS: The property currently is occupied by some mature timber and some undergrowth. The property has been partially cleared. The right-of-way for the extension of Elkhart Drive has been totally cleared. There are no physical improvements on the site at this time in the form of streets or buildings. This land is zoned "R-2" and will require "R-3" for 50 foot lots. C. ENGINEERING COMMENTS: Provide a 25 foot radius for the right-of-way at all street intersections. Provide assurances of the abandonment of existing unopened adjacent streets. Show preliminary routing of stormwater disposal. Indicate preliminary street grades and address Stormwater Detention and Excavation Regulations. July 11, 1989 ITEM NO. F (Continued) The proposed concrete sidewalk construction during home construction should indicate how this proposal will be coordinated, i.e., who will 'assure that the work will be done; who will control contractors' driveway construction to coordinate grades with necessary sidewalk grades, avoiding steps in sidewalks. Public Works is opposed to this proposal unless the Residential Building Inspector can, and will, take over control of street sidewalk construction. Public Works will support the abandonment of the rights -of -way as indicated within the plat. The street name should be reviewed for a change to a nonconflicting street. The westward turn of this right-of-way creates a new street alignment for house numbering purposes. Therefore, there would be a conflict in house numbering if the street retains the same name. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The only legal or technical issues associated with this plat that require follow-up deal with the abandonment of the several rights -of -way. This should be initiated through the appropriate petition process with Anna Brown of the Planning Staff. ' The design issues are: Elkhart Drive should incorporate a horizontal center -line radius in accordance with the ordinance, or pursue the waiver which is required. Planning Staff has initiated that listing for waiver in this agenda for purposes of pursuit should the developer desire to do so. The corner lots on Walker Street at the proposed Elkhart Drive are indicated at 70 feet in width. The ordinance requires 75 feet in order to accommodate the 25 foot setback from both streets. Also, the corner lot (#14) on the interior of the plat contains a building line that is drawn in a rectangle and is not parallel to the curvature to the street. The Planning Staff supports this as an exception to the rule inasmuch as the required setback from 26th Street with a curving building line would render the lot very difficult to build upon. July 11, 1989 ITEM NO. IF (Continued), - The last item concerning design concerns Lots 10 and 12 which appear to be less than the required 50 foot cord dimension of the building line. The building lines may be adjusted to a greater depth on these lots, or a redesign to accommodate the dimension. E. ANALYSIS: The Planning Staff view of this plat is that it is probably the best design which can be gained, given the difficult circumstances of this parcel. There are many issues to resolve in the approval and development of this property. However, Planning Staff does not view any of these as being insurmountable. As to the several waivers which are requested and the fourth item included by Staff dealing with the street center -line, we offer the following: The boundary street improvement waiver on 26th Street along the south side of the plat should be denied. Staff feels that the existing curb and gutter improvements on the south side are a basis for completion of this street improvement. It would be inappropriate to leave owners of properties on the south side fronting upon the rear of these lots while at the same time experiencing a half street improvement on the front of their properties with no prospect of completion on the north side. As to the sidewalk waiver allowing the individual builders to place the sidewalk at the time of construction, the Planning Staff has reviewed such waivers previously. On each occasion we have opposed this type of construction for sidewalks due to the coordination problem that will occur. Typically, developers sell the lots in units or multiple lot configurations to builders. The developer thereby eliminates himself from the property before the sidewalks are actually required. That places the responsibility financially upon the builder, and a responsibility on the Building Permit Staff to assure completion of each sidewalk on an incremental basis. Typically, there will be problems with sidewalk grades at driveways matching the grades with adjacent properties and, in may cases, homeowners July 11, 1989 ITEM NO. F {Continued) deciding they do not want the sidewalk after many of the lots have had construction. That then reduces the issue to an individual basis for variance before the Commission. Planning Staff feels that if the Commission desires to enter into this type of construction arrangement, that much thought and effort should be placed in an specific ordinance amendment dealing with both the building code and the Subdivision Ordinance. As to the double frontage lots as proposed, the Staff has no concerns and will support this as proposed. The Public Works Department feels that the waiver of the street center line radius for the Elkhart Drive extension is not a problem and that reduction of this street to a minor street standard to reduce the radius would reduce the effectiveness of the roadway. The Planning Staff has several items that have developed in the course of discussion of this plat which we would like to introduce as part of our recommendation. These include changing the street name, providing a ten foot platted no access easement along both the north and south boundaries of the plat so as to prohibit vehicle access to the lots. A rear 25 foot building line should be reflected on 26th Street with a secondary building line being platted at 15 feet with the plat and Bill of Assurance indicating this line for accessory building setbacks. The last item which we would recommend be included would be the erection by the developer of a six foot opaque treated fence along the 25th Street boundary from Walker to Elkhart, the ends of which would require tapering at the street or building line so as to prevent a blind corner circumstance. F. STAFF RECOMMENDATION: The Staff recommends approval'of the preliminary plat subject to resolution of the various issues pointed out by the Engineering and Planning Staffs, plus conformance with the recommendations in our analysis. July 11, 1989 ITEM. NO. F (continued) SUBDIVISION COMMITTEE COMMENT: (June 15, 1989) The application was represented by Mr. Joe White. Mr. White indicated he had read the comments of Staff and most of the items could be resolved. He indicated reasons for the request for boundary street improvement waiver and the several other variances included in the application. Mr. Greeson indicated that Staff had received a number of calls from the neighborhood concerning the appropriateness of extending Elkhart Drive to Walker Street, the apparent concern being through traffic. Mr. White responded by stating that he could review the plat design for a cul-de- sac at the east end of Elkhart, changing the name and breaking the flow of traffic. It was pointed out that perhaps one lot would be lost in the redesign of the plat. Mr. White asked for clarification of the building lines along 26th Street as recommended by Staff and the screening fence. Staff responded by stating that the fence would be to address the rear yard relationship to houses currently fronting on 26th Street. Also, the 25 foot and 15 foot building lines along 26th Street would provide two lines for the two types of structures which may be constructed. The 15 foot building line would provide for the location of accessory buildings nearer 26th Street right-of-way than the principal structure. The Bill of Assurance would make specific provision for this situation. A 10 foot vehicle prohibition easement would also be platted along the rear of Lots 14 through 21, adjacent to 26th Street, so as to discourage access to the rear yards of these lots. Staff felt that gates or access to these various lots could create an unsightly relationship to the houses on the south side of 26th Street. Jerry Gardner of the Public Works Department clarified several of the comments in their part of the agenda. He identified for Mr. White an existing platted subdivision that is not reflected on this drawing. At the northeast corner of the plat there exists a one -square block area platted as Cloie Addition, during the platting of which the adjacent streets were abandoned and portions should be included within Lots 7 through 10. Mr. Gardner also pointed out there are several remaining streets adjacent to the plat that require abandonment, portions of which may be included within Lots 1 through 6. Mr. White indicated that he would pursue these comments and submit a revised drawing. July 11, 1989 ITEM NO.: F (Continued) PLANNING COMMISSION ACTION: (June 27, 1989) The Planning Staff offered its recommendation of approval of this preliminary plat giving a brief background of the property and the attendant rezoning application. Staff recommended that the street improvements on West 26th be set at 24 foot to save as many trees as possible. Gary Greeson of the Staff expanded on the recommendation, adding comments concerning a recommendation to provide a 25 foot buffer zone along West 26th Street, the purpose of which would be to retain all existing trees 4" or larger in caliper. He further pointed out that the recommendation included a six foot opaque wood fence along the south property line of lots adjacent to West 26th to act as a visual barrier to the rear yards of those lots. Vehicle access would be prohibited by the placement of an easement to control access. These several elements of the recommendation would be included within the Bill of Assurance to provide for continuity of control in the future. Mr. Joe White, the engineer on the project, then addressed the Commission, answering questions concerning which lots within the plat were the double -frontage lots at issue. He indicated those rearing upon West 26th Street and facing inward on the cul-de-sac street. Richard Wood of the Planning Staff then introduced comments concerning the several waivers that had been requested. -These waivers have been reduced to a single waiver. The waivers including boundary street improvements, sidewalk construction and horizontal center line have been deleted by the applicant. The remaining variances for Commission's review are the double -frontage lots on 26th Street, plus the reduction of pavement width to 24 feet on West 26th Street. Mr. White then addressed a question from the Commission concerning the position of his developer. He stated that the developer agreed to the changes that have been offered. A brief discussion followed concerning the composition of the revised preliminary plat and the cul-de-sac now shown. The Chair asked for persons present in objection to the proposal. Mr. James Minor, representing the neighborhood, submitted a petition with numerous signatures with the primary objection being the compatibility of the house sizes and lots to the adjacent neighborhood. July 11, 1989 ITEM NO.: F (Continued) Mr. Gary Greeson of the Planning Staff then offered comments on the zoning application set for the next meeting, July 11, and requested that the City Attorney's staff person, Mr. Stephen Giles, address the legal position of the Commission as to preliminary plats. Mr. Giles stated for the record that the Planning Commission must approve a preliminary plat as submitted in all instances where the plat is in complete conformity with the ordinance standards. He indicated that rezoning of a property is another matter inasmuch as those items are forwarded to the City Board and, as a legislative body, they can approve or deny the land use question. A lengthy discussion of the proposal then followed with comments from Mr. Minor and several of the commissioners. The result of this discussion was a determination by the Commission that a deferral of this matter would be in order. A motion was then made to defer this application to the July 11 rezoning public hearing in order to hear this case at the same time as the rezoning application. PLANNING COMMISSION ACTION: (July 11, 1989) There were no objectors in attendance. The Staff offered its recommendation of approval including several conditions as follows: 1. That a six foot opaque wood fence be erected along the West 26th Street right-of-way line the entire length of the plat. 2. That a 25 foot buffer zone be platted to protect the existing trees from removal. Trees larger than 4" in calliper one foot above the ground would be saved. 3. That the buffer zone be identified as a vehicle access prohibition zone. 4. That the 26th Street pavement be widened on the north side to provide for a 24 foot street and lessen the impact of cutting of trees within the right-of-way. 5. That the two remaining variances be forwarded to the Board of Directors. July 11, 1989 ITEM NO.: F (Continued) Mr. Joe White of White-Daters and Associates, the project engineer, was present representing the application. Mr. White stated that the owner could accept the Staff recommendation. Mr. James Minor, a neighborhood resident, was present. Mr. Minor offered comments that the residents of the area now support the rezoning and the plat, given the assurances provided. He commented on the meeting held at his residence involving Staff and some 20 residents. Mr. Minor asked if it would be possible for the Commission to approve this development proposal conditioning the screening and buffering requirements being in place prior to the initiation of construction of the residences. The Commission then asked for clarification of several points, including Mr. Minor's request. It was determined that this request could be accomplished through the final plat process and conditions within the reclassification ordinance when rezoning to 11R-3." A general discussion followed. A motion was then made to approve the plat as recommended by Staff plus the approval of the two variances which will be forwarded to the Board of Directors. Mr. Minor's condition on the screening and buffer was made a part of the motion. The motion passed by a vote of 6 ayes, 0 nays, and 5 absent. ORDINANCE AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND WAIVER OF STREET PAVING WIDTH AND DOUBLE -FRONTAGE LOTS REQUIREMENTS RESPECTIVELY. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for variance and waiver of certain requirements within the Subdivision Regulations of the City of Little Rock for Pine Hill Homes Preliminary Plat as follows: Subsection a. That Section 31-209 of the Code of Ordinance be amended to provide for a variance in street pavement width from 27 feet to 24 feet, back-to- back on the curbing, and that Section 31-232.(d) of the Code of Ordinances be amended to provide for a waiver of the prohibition of double fronta-ge lots. SECTION 2. This ordinance shall take effect thirty (30) days from and after its passage. PASSED: ATTEST: APPROVED: City Clerkk y-�� Mayor r 1. Meeting Date: August 1, 1989 2. Case No.: S-460 3. Request: A waiver of the double frontage lot provisions and a variance of street design standards for West 26th Street in conjunction with Pine Hill Homes Preliminary Plat. 4. Location: Northeast corner of West 26th Street at Walker Street. 5. Owner/Applicant: Phoenix Builders by Joe White 6. Existing Status: Vacant land zoned 11R-2" with an application filed for "R-3." 7. Proposed Use: Single family 8. Staff Recommendation: Approval of the preliminary plat with several conditions. 9. Planning Commission Recommendation: Approval of the preliminary plat with the several conditions offered by staff plus a requirement that the Bill of Assurance and the ordinance adopted by the Board on rezoning provide for continuity of requirements. 10. Conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: A vote of 6 ayes, 0 nays, 5 absent. 13. Objectors: None in attendance. 1. Meeting Date: August 1, 1989 2. Case No.: S-460 3. Request: A waiver of the double frontage lot provisions and a variance of street design standards for West 26th Street in conjunction with Pine Hill Homes Preliminary Plat. 4. Location: Northeast corner of West 26th Street at Walker Street. 5. Owner/Applicant: Phoenix Builders by Joe White 6. Existing Status: Vacant land zoned "R-2" with an application filed for "R-3." 7. .Proposed Use: Single family 8. Staff Recommendation: Approval of the preliminary plat with several conditions. 9. Planning Commission Recommendation: Approval of the preliminary plat with the several conditions offered by staff plus a requirement that the Bill of Assurance and the ordinance adopted by the Board on rezoning provide for continuity of requirements. 10. Conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: A vote of 6 ayes, 0 nays, 5 absent. 13. Objectors: None in attendance. J July 11, 1989 ITEM NO.: F FILE NO.: 5-460 NAME: Pine Hill Homes Preliminary Plat LOCATION: Located on the northeast corner of West 26th Street and Walker Street. DEVELOPER: ENGINEER: Phoenix Builders White-Daters & Assoc., Inc. 7900 West 36th Street 401 Victory Street Little Rock, AR 72209 Little Rock, AR 72201 228-0266 374-1666 AREA: 3.7 acres NUMBER OF LOTS: 21 FT. NEW STREET: 600 ZONING: "R-2" Single family. An application for "R-3" has been filed for July 11, 1989 PROPOSED USES: Single family lots PLANNING DISTRICT: 10 CENSUS TRACT: 24.01 VARIANCES REQUESTED: 1. Waive boundary street improvements on 26th Street. 2. Construct sidewalk during home construction. 3. Double frontage lots on both sides of the new street. 4. Waiver of street horizontal center line radius for the proposed new street. PLAT DEFICIENCIES: 1. Preliminary Bill of Assurance. 2. Provision of owner's name, address and source of title on the plat. 3. Indication of acreage on the plat. 4. Direction of flow of water courses entering and leaving the site. 5. Drainage areas. 6. Existing zoning on -site and adjacent property. 7. Source of water and sewer. July 11, 1989 ITEM NO. F (Continued) ,............. _............... _ ....... A. PROPOSAL/REQUEST: This developer proposes the creation of 21 new single family lots involving lot sizes ranging from the largest at 70 feet on corner lots to the smaller lots being 50 feet fronting on the internal street. The existing line area having no open street dedicated the entire length of the 25th Street side, the developer chooses to build a new internal street which will front all of the lots inward on the development, thereby creating double frontage lots on both the 25th and 26th Street sides. There is proposed within this plat the abandonment of portions of Gillam Street, Potter Street, and a one-half street abandonment on 26th. The petitioner does not note such an abandonment for the western one-half of 25th Street adjacent to this property. B. EXISTING CONDITIONS: The property currently is occupied by some mature timber and some undergrowth. The property has been partially cleared. The right-of-way for the extension of Elkhart Drive has been totally cleared. There are no physical improvements on .the site at this time in the form of streets or buildings. This land is zoned "R-2" and will require "R-3" for 50 foot lots. C. ENGINEERING COMMENTS: Provide a 25 foot radius for the right-of-way at al street intersections. Provide assurances of the abandonment of existing unopened adjacent streets. Show preliminary routing of stormwater disposal. Indicate preliminary street grades and address Stormwater Detention and Excavation Regulations. The proposed concrete sidewalk construction during home construction should indicate how this proposal will be coordinated, i.e., who will assure that the work will be done; who will control contractors' driveway construction to coordinate grades with necessary sidewalk grades, avoiding steps in sidewalks. Public Works is opposed to this proposal unless the Residential Building Inspector can, and will, take over control of street sidewalk construction. July 11, 1989 ITEM NO. F (Continued) Public Works will support the abandonment of the rights -of -way as indicated within the plat. The street name should be reviewed for a change to a nonconflicting street. The westward turn of this right-of-way creates a new street alignment for house numbering purposes. Therefore, there would be a conflict in house numbering if the street retains the same name. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The only legal or technical issues associated with this plat that require follow-up deal with the abandonment of the several rights -of -way. This should be initiated through the appropriate petition process with Anna Brown of the Planning Staff. The design issues are: Elkhart Drive should incorporate a horizontal center -line radius in accordance with the ordinance, or pursue the waiver which is required. Planning Staff has initiated that listing for waiver in this agenda for purposes of pursuit should the developer desire to do so. The corner lots on Walker Street at the proposed Elkhart Drive are indicated at 70 feet in width. The ordinance requires 75 feet in order to accommodate the 25 foot setback from both streets. Also, the corner lot '(#14) on the interior of the plat contains a building line that is drawn in a rectangle and is not parallel to the curvature to the street. The Planning Staff supports this as an exception to the rule inasmuch as the required setback from 26th Street with a curving building line would render the lot very difficult to build upon. The last item concerning design concerns Lots 10 and 12 which appear to be less than the required 50 foot cord dimension of the building line. The building lines may be adjusted to a greater depth on these lots, or a redesign to accommodate the dimension. July 11, 1989 ITEM NO. F (Continued).,.. E. ANALYSIS: The Planning Staff view of this plat is that it is probably the best design which can be gained, given the difficult circumstances of this parcel. There are many issues to resolve in the approval and development of this property. However, Planning Staff does not view any of these as being insurmountable. As to the several waivers which are requested and the fourth item included by Staff dealing with the street center -line, we offer the following: The boundary street improvement waiver on 26th Street along the south side of the plat should be denied. Staff feels that the existing curb and gutter improvements on the south side are a basis for completion of this street improvement. It would be inappropriate to leave owners of properties on the south side fronting upon the rear of these lots while at the same time experiencing a half street improvement on the front of their properties with no prospect of completion on the north side. As to the sidewalk waiver allowing the individual builders to place the sidewalk at the time of construction, the Planning Staff has reviewed such waivers previously. On each occasion we have opposed this type of construction for sidewalks due to the coordination problem that will occur. Typically, developers sell the lots in units or multiple lot configurations to builders. The developer thereby eliminates himself from the property before the sidewalks are actually required. That places the responsibility financially upon the builder, and a responsibility on the Building Permit Staff to assure completion of each sidewalk on an incremental basis. Typically, there will be problems with sidewalk grades at driveways matching the grades with adjacent properties and, in may cases, homeowners deciding they do not want the sidewalk after many of the lots have had construction. That then reduces the issue to an individual basis for variance before the Commission. Planning Staff feels that if the Commission desires to enter into this type of construction arrangement, that much July 11, 1989 ITEM NO. F (Continued) thought and effort should be placed in an specific ordinance amendment dealing with both the building code and the Subdivision Ordinance. As to the double frontage lots as proposed, the Staff has no concerns and will support this as proposed. The Public Works Department feels that the waiver of the street center line radius for the Elkhart Drive extension is not a problem and that reduction of this street to a minor street standard to reduce the radius would reduce the effectiveness of the roadway. The Planning Staff has several items that have developed in the course of discussion of this plat which we would like to introduce as part of our recommendation. These include changing the street name, providing a ten foot platted no access easement along both the north and south boundaries of the plat so as to prohibit vehicle access to the lots. A rear 25 foot building line should be reflected on 26th Street with a secondary building line being platted at 15 feet with the plat and Bill of Assurance indicating this line for accessory building setbacks. The last item which we would recommend be included would be the erection by the developer of a six foot opaque treated fence along the 25th Street boundary from Walker to Elkhart, the ends of which would require tapering at the street or building line so as to prevent a blind corner circumstance. F. STAFF RECOMMENDATION: The Staff recommends approval of the preliminary plat subject to resolution of the various issues pointed out by the Engineering and Planning Staffs, plus conformance with the recommendations in our analysis. July 11, 1989 ITEM NO.: F (Continued) SUBDIVISION COMMITTEE COMMENT: (June 15, 1989) The application was represented by Mr. Joe White. Mr. White indicated he had read the comments of Staff and most of the items could be resolved. He indicated reasons for the request for boundary street improvement waiver and the several other variances included in the application. Mr. Greeson indicated that Staff had received a number of calls from the neighborhood concerning the appropriateness of extending Elkhart Drive to Walker Street, the apparent concern being through traffic. Mr. White responded by stating that he could review the plat design for a cul-de- sac at the east end of Elkhart, changing the name and breaking the flow of traffic. It was pointed out that perhaps one lot would be lost in the redesign of the plat. Mr. White asked for clarification of the building lines along 26th Street as recommended by Staff and the screening fence. Staff responded by stating that the fence would be to address the rear yard relationship to houses currently fronting on 26th Street. Also, the 25 foot and 15 foot building lines along 26th Street would provide two lines for the two types of structures which may be constructed. The 15 foot building line would provide for the location of accessory buildings nearer 26th Street right-of-way than the principal structure. The Bill of Assurance would make specific provision for this situation. A 10 foot vehicle prohibition easement would also be platted along the rear of Lots 14 through 21, adjacent to 26th Street, so as to discourage access to the rear yards of these lots. Staff felt that gates or access to these various lots could create an unsightly relationship to the houses on the south side of 26th Street. Jerry Gardner of the Public Works Department clarified several of the comments in their part of the agenda. He identified for Mr. White an existing platted subdivision that is not reflected on this drawing. At the northeast corner of the plat there exists a one -square block area platted as Cloie Addition, during the platting of which the adjacent streets were abandoned and portions should be included within Lots 7 through 10. Mr. Gardner also pointed out there are several remaining streets adjacent to the plat that require abandonment, portions of which may be included within Lots 1 through 6. Mr. White indicated that he would pursue these comments and submit a revised drawing. July 11, 1989 ITEM NO. F (Continued)_„ _ PLANNING COMMISSION ACTION: (June 27, 1989) The Planning Staff offered its recommendation of approval of this preliminary plat giving a brief background of the property and the attendant rezoning application. Staff recommended that the street improvements on West 26th be set at 24 foot to save as many trees as possible. Gary Greeson of the Staff expanded on the recommendation, adding comments concerning a recommendation to provide a 25 foot buffer zone along West 26th Street, the purpose of which would be to retain all existing trees 4" or larger in caliper. He further pointed out that the recommendation included a six foot opaque wood fence along the south property line of lots adjacent to West 26th to act as a visual barrier to the rear yards of those lots, and that vehicle access would be prohibited by the placement of an easement to control access. These several elements of the recommendation, should the plat be approved, would be included within the Bill of Assurance to provide for continuity of control in the future. Mr. Joe White, the engineer on the project, then addressed the Commission, answering questions concerning which lots within the plat were the double -frontage lots at issue. He indicated those rearing upon West.26th Street and facing inward on the cul-de-sac street. Richard Wood of the Planning Staff then introduced comments concerning the several waivers that had been requested. These waivers have been reduced to a single waiver. The waivers including boundary street improvements, sidewalk construction and horizontal center line have been deleted by the applicant. The remaining variance for Commission review is the double -frontage lots on 26th Street. Mr. White then addressed a question from the Commission concerning the position of his developer. He stated that the developer agreed to the changes that have been offered. A brief discussion then followed concerning the composition of the revised preliminary plat and the cul-de-sac now shown. The Chair then asked for persons present in objection to the proposal. Mr. James Minor, representing the neighborhood, submitted a petition with numerous signatures with the primary objection being to the compatibility of the house sizes and lots to the adjacent neighborhood. Ir; July 11, 1989 ITEM NO.: F (Continued) Mr. Gary Greeson of the Planning Staff then offered comments on the zoning application set for the next meeting, July 11, and requested that the City Attorney's staff person, Mr. Stephen Giles, address the legal position of the Commission as to preliminary plats. Mr. Giles stated for the record that the Planning Commission must approve a preliminary plat as submitted in all instances where the plat is in complete conformity with the ordinance standards. He indicated that rezoning of a property is another matter inasmuch as those items are forwarded to the City Board and, as a legislative body, they can approve or deny the land use question. A lengthy discussion of the proposal then followed with comments from Mr. Minor and several of the commissioners. The result of this discussion was a determination by the Commission that a deferral of this matter would be in order. A motion was then made to defer this application to the July 11 rezoning public hearing in order to hear this case at the same time as the rezoning application. PLANNING COMMISSION ACTION: (July 11, 1989) There were no objectors in attendance. The Staff offered its recommendation of approval including several conditions as follows: 1. That a six foot opaque wood fence be erected along the West 26th Street right-of-way line the entire length of the plat. 2. That a 25 foot buffer zone be platted to protect the existing trees from removal. Trees larger than 4" in calliper one foot above the ground would be saved. 3. That the buffer zone be identified as a vehicle access prohibition zone. 4. That the 26th Street pavement be widened on the north side to provide for a 24 foot street and lessen the impact of cutting of trees within the right-of-way. 5. That the two remaining variances be forwarded to the Board of Directors. July 11, 1989 ITEM NO.: F (Continued) Mr. Joe White of White-Daters and Associates, the project engineer, was present representing the application. Mr. White stated that the owner could accept the Staff recommendation. Mr. James Minor, a neighborhood resident, was present. Mr. Minor offered comments that the residents of the area now support the rezoning and the plat, given the assurances provided. He commented on the meeting held at his residence involving Staff and some 20 residents. Mr. Minor asked if it would be possible for the Commission to approve this development proposal conditioning the screening and buffering requirements being in place prior to the initiation of construction of the residences. The Commission then asked for clarification of several points, including Mr. Minor's request. It was determined that this request could be accomp;ished through the final plat process and conditions within the reclassification ordinance when rezoning to "R-3." A general discussion followed. A motion was then made to approve the plat as recommended by Staff plus the approval of the two variances which will be forwarded to the Board of Directors. Mr. Minor's condition on the screening and buffer was made a part of the motion. The motion passed by a vote of 6 ayes, 0 nays, and 5 absent. ORDINANCE 15,725 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND WAIVER OF STREET PAVING WIDTH AND DOUBLE -FRONTAGE LOTS REQUIREMENTS RESPECTIVELY. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for variance and waiver of certain requirements within the Subdivision Regulations of the City of Little Rock for Pine Hill Homes Preliminary Plat as follows: Subsection a. That Section 31-209 of the Code of Ordinance be amended to provide for a variance in street pavement width from 27 feet to 24 feet, back-to- back on the curbing, and that Section 31-232.(d) of the Code of Ordinances be amended to provide for a waiver of the prohibition of double frontage lots. SECTION 2. This ordinance shall take effect thirty (30) days from and after its passage. PASSED: August 1, 1989 ATTEST: Jane Czech City Clerk APPROVED: Floyd G. Villines, III Mayor 1. Meeting Date: August 1, 1989 2. Case No.: S-460 3. Request: A waiver of the double frontage lot provisions and a variance of street design standards for West 26th Street in conjunction with Pine Hill Homes Preliminary Plat. 4. Location: Northeast corner of West 26th Street at Walker Street. 5. Owner/Applicant: Phoenix Builders by Joe White 6. Existing Status: Vacant land zoned "R-2" with an application filed for "R-3." 7. Proposed Use: Single family 8. Staff Recommendation: Approval of the preliminary plat with several conditions. 9. Planning Commission Recommendation: Approval of the preliminary plat with the several conditions offered by staff plus a requirement that the Bill of Assurance and the ordinance adopted by the Board on rezoning provide for continuity of requirements. 10. Conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: A vote of 6 ayes, 0 nays, 5 absent. _.. _ .._._._._..._.... 13. Objectors: None in attendance. July 11, 1989 ITEM NO.: F FILE NO.: S-460 NAME: Pine Hill Homes Preliminary Plat LOCATION: Located on the northeast corner of West 26th Street and Walker Street. DEVELOPER: ENGINEER: Phoenix Builders White-Daters & Assoc., Inc. 7900 West 36th Street 401 Victory Street Little Rock, AR 72209 Little Rock, AR 72201 228-0266 374-1666 AREA: 3.7 acres NUMBER OF LOTS: 21 FT. NEW STREET: 600 ZONING: "R-2" Single family. An application for "R-3" has been filed for July 11, 1989 PROPOSED USES: Single family lots PLANNING DISTRICT: 10 CENSUS TRACT: 24.01 VARIANCES REQUESTED: 1. Waive boundary street improvements on 26th Street. The Planning Commission denied request; recommended a 24 foot street improvement. (7-11-89) 2. Construct sidewalk during home construction. This request was removed from the agenda after redesign of the plat. (7-11-89) 3. Double frontage lots on both sides of the new street. The Planning Commission recommended approval of this variance to the Board of Directors. (7-11-89) 4. Waiver of street horizontal center line radius for the proposed new street. This request removed from the agenda after plat redesigned. July 11, 1989 ITEM NO. F (Continued) PLAT DEFICIENCIES: 1. Preliminary Bill of Assurance. 2. Provision of owner's name, address and source of title on the plat. 3. Indication of acreage on the plat. 4. Direction of flow of water courses entering and leaving the site. 5. Drainage areas. 6. Existing zoning on -site and adjacent property. 7. Source of water and sewer. A. PROPOSAL/REQUEST: This developer proposes the creation of 21 new single family lots involving lot sizes ranging from the largest at 70 feet on corner lots to the smaller lots being 50 feet fronting on the internal street. The existing line area having no open street dedicated the entire length of the 25th Street side, the developer chooses to build a new internal street which will front all of the lots inward on the development, thereby creating double frontage lots on both the 25th and 26th Street sides. There is proposed within this plat the abandonment of portions of Gillam Street, Potter Street, and a one-half street abandonment on 26th. The petitioner does not note such an abandonment for the western one-half of 25th Street adjacent to this property. B. EXISTING CONDITIONS: The property currently is occupied by some mature timber and some undergrowth. The property has been partially cleared. The right-of-way for the extension of Elkhart Drive has been totally cleared. There are no physical improvements on the site at this time in the form of streets or buildings. This land is zoned "R-2" and will require "R-3" for 50 foot lots. C. ENGINEERING COMMENTS: Provide a 25 foot radius for the right-of-way at all street intersections. Provide assurances of the abandonment of existing unopened adjacent streets. Show preliminary routing of stormwater disposal. Indicate preliminary street grades and address Stormwater Detention and Excavation Regulations. July 11, 1989 ITEM N O . F (Continued) .._..... �... -..-...... The proposed concrete sidewalk construction during home construction should indicate how this proposal will be coordinated, i.e., who will 'assure that the work will be done; who will control contractors' driveway construction to coordinate grades with necessary sidewalk grades, avoiding steps in sidewalks. Public Works is opposed to this proposal unless the Residential Building Inspector can, and will, take over control of street sidewalk construction. Public Works will support the abandonment of the rights -of -way as indicated within the plat. The street name should be reviewed for a change to a nonconflicting street. The westward turn of this right-of-way creates a new street alignment for house numbering purposes. Therefore, there would be a conflict in house numbering if the street retains the same name. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The only legal or technical issues associated with this plat that require follow-up deal with the abandonment of the several rights -of -way. This should be initiated through the appropriate petition process with Anna Brown of the Planning Staff. ' The design issues are: Elkhart Drive should incorporate a horizontal center -line radius in accordance with the ordinance, or pursue the waiver which is required. Planning Staff has initiated that listing for waiver in this agenda for purposes of pursuit should the developer desire to do so. The corner lots on Walker Street at the proposed Elkhart Drive are indicated at 70 feet in width. The ordinance requires 75 feet in order to accommodate the 25 foot setback from both streets. Also, the corner lot (#14) on the interior of the plat contains a building line that is drawn in a rectangle and is not parallel to the curvature to the street. The Planning Staff supports this as an exception to the rule inasmuch as the required setback from 26th Street with a curving building line would render the lot very difficult to build upon. July 11, 1989 ITEM NO. F {Continued} The last item concerning design concerns Lots 10 and 12 which appear to be less than the required 50 foot cord dimension of the building line. The building lines may be adjusted to a greater depth on these lots, or a redesign to accommodate the dimension. E. ANALYSIS: The Planning Staff view of this plat is that it is probably the best design which can be gained, given the difficult circumstances of this parcel. There are many issues to resolve in the approval and development of this property. However, Planning Staff does not view any of these as being insurmountable. As to the several waivers which are requested and the fourth item included by Staff dealing with the street center -line, we offer the following: The boundary street improvement waiver on 26th Street along the south side of the plat should be denied. Staff feels that the existing curb and gutter improvements on the south side are a basis for completion of this street improvement. It would be inappropriate to leave owners of properties on the south side fronting upon the rear of these lots while at the same time experiencing a half street improvement on the front of their properties with no prospect of completion on the north side. As to the sidewalk waiver allowing the individual builders to place the sidewalk at the time of construction, the Planning Staff has reviewed such waivers previously. On each occasion we have opposed this type of construction for sidewalks due to the coordination problem that will occur. Typically, developers sell the lots in units or multiple lot configurations to builders. The developer thereby eliminates himself from the property before the sidewalks are actually required. That places the responsibility financially upon the builder, and a responsibility on the Building Permit Staff to assure completion of each sidewalk on an incremental basis. Typically, there will be problems with sidewalk grades at driveways matching the grades with adjacent properties and, in may cases, homeowners July 11, 1989 ITEM NO. F (Continued) deciding they do not want the sidewalk after many of the lots have had construction. That then reduces the issue to an individual basis for variance before the Commission. Planning Staff feels that if the Commission desires to enter into this type of construction arrangement, that much thought and effort should be placed in an specific ordinance amendment dealing with both the building code and the Subdivision Ordinance. As to the double frontage lots as proposed, the Staff has no concerns and will support this as proposed. The Public Works Department feels that the waiver of the street center line radius for the Elkhart Drive extension is not a problem and that reduction of this street to a minor street standard to reduce the radius would reduce the effectiveness of the roadway. The Planning Staff has several items that have developed in the course of discussion of this plat which we would like to introduce as part of our recommendation. These include changing the street name, providing a ten foot platted no access easement along both the north and south boundaries of the plat so as to prohibit vehicle access to the lots. A rear 25 foot building line should be reflected on 26th Street with a secondary building line being platted at 15 feet with the plat and Bill of Assurance indicating this line for accessory building setbacks. The last item which we would recommend be included would be the erection by the developer of a six foot opaque treated fence along the 25th Street boundary from Walker to Elkhart, the ends of which would require tapering at the street or building line so as to prevent a blind corner circumstance. F. STAFF RECOMMENDATION: The Staff recommends approval of the preliminary plat subject to resolution of the various issues pointed out by the Engineering and Planning Staffs, plus conformance with the recommendations in our analysis. July 11, 1989 ITEM NO.: F (Continued) SUBDIVISION COMMITTEE COMMENT: (June 15, 1989) The application was represented by Mr. Joe White. Mr. White indicated he had read the comments of Staff and most of the items could be resolved. He indicated reasons for the request for boundary street improvement waiver and the several other variances included in the application. Mr. Greeson indicated that Staff had received a number of calls from the neighborhood concerning the appropriateness of extending Elkhart Drive to Walker Street, the apparent concern being through traffic. Mr. White responded by stating that he could review the plat design for a cul-de- sac at the east end of Elkhart, changing the name and breaking the flow of traffic. It was pointed out that perhaps one lot would be lost in the redesign of the plat. Mr. White asked for clarification of the building lines along 26th Street as recommended by Staff and the screening fence. Staff responded by stating that the fence would be to address the rear yard relationship to houses currently fronting on 26th Street. Also, the 25 foot and 15 foot building lines along 26th Street would provide two lines for the two types of structures which may be constructed. The 15 foot building line would provide for the location of accessory buildings nearer 26th Street right-of-way than the principal structure. The Bill of Assurance would make specific provision for this situation. A 10 foot vehicle prohibition easement would also be platted along the rear of Lots 14 through 21, adjacent to 26th Street, so as to discourage access to the rear yards of these lots. Staff felt that gates or access to these various lots could create an unsightly relationship to the houses on the south side of 26th Street. Jerry Gardner of the Public Works Department clarified several of the comments in their part of the agenda. He identified for Mr. White an existing platted subdivision that is not reflected on this drawing. At the northeast corner of the plat there exists a one -square block area platted as Cloie Addition, during the platting of which the adjacent streets were abandoned and portions should be included within Lots 7 through 10. Mr. Gardner also pointed out there are several remaining streets adjacent to the plat that require abandonment, portions of which may be included within Lots 1 through 6. Mr. White indicated that he would pursue these comments and submit a revised drawing. July 11, 1989 ITEM NO.: F (Continued) PLANNING COMMISSION ACTION: (June 27, 1989) The Planning Staff offered its recommendation of approval of this preliminary plat giving a brief background of the property and the attendant rezoning application. Staff recommended that the street improvements on West 26th be set at 24 foot to save as many trees as possible. Gary Greeson of the Staff expanded on the recommendation, adding comments concerning a recommendation to provide a 25 foot buffer zone along West 26th Street, the purpose of which would be to retain all existing trees 4" or larger in caliper. He further pointed out that the recommendation included a six foot opaque wood fence along the south property line of lots adjacent to West 26th to act as a visual barrier to the rear yards of those lots. Vehicle access would be prohibited by the placement of an easement to control access. These several elements of the recommendation would be included within the Bill of Assurance to provide for continuity of control in the future. Mr. Joe White, the engineer on the project, then addressed the Commission, answering questions concerning which lots within the plat were the double -frontage lots at issue. He indicated those rearing upon West 26th Street and facing inward on the cul-de-sac street. Richard Wood of the Planning Staff then introduced comments concerning the several waivers that had been requested. -These waivers have been reduced to a single waiver. The waivers including boundary street improvements, sidewalk construction and horizontal center line have been deleted by the applicant. The remaining variances for Commission's review are the double -frontage lots on 26th Street, plus the reduction of pavement width to 24 feet on West 26th Street. Mr. White then addressed a question from the Commission concerning the position of his developer. He stated that the developer agreed to the changes that have been offered. A brief discussion followed concerning the composition of the revised preliminary plat and the cul-de-sac now shown. The Chair asked for persons present in objection to the proposal. Mr. James Minor, representing the neighborhood, submitted a petition with numerous signatures with the primary objection being the compatibility of the house sizes and lots to the adjacent neighborhood. i July 11, 1989 ITEM NO.: F (Continued) Mr. Gary Greeson of the Planning Staff then offered comments on the zoning application set for the next meeting, July 11, and requested that the City Attorney's staff person, Mr. Stephen Giles, address the legal position of the Commission as to preliminary plats. Mr. Giles stated for the record that the Planning Commission must approve a preliminary plat as submitted in all instances where the plat is in complete conformity with the ordinance standards. He indicated that rezoning of a property is another matter inasmuch as those items are forwarded to the City Board and, as a legislative body, they can approve or deny the land use question. A lengthy discussion of the proposal then followed with comments from Mr. Minor and several of the commissioners. The result of this discussion was a determination by the Commission that a deferral of this matter would be in order. A motion was then made to defer this application to the July 11 rezoning public hearing in order to hear this case at the same time as the rezoning application. PLANNING COMMISSION ACTION: (July 11, 1989) There were no objectors in attendance. The Staff offered its recommendation of approval including several conditions as follows: ?. That a six foot opaque wood fence be erected along the West 26th Street right-of-way line the entire length of the plat. 2. That a 25 foot buffer zone be platted to protect the existing trees from removal. Trees larger than 4" in calliper one foot above the ground would be saved. 3. That the buffer zone be identified as a vehicle access prohibition zone. 4. That the 26th Street pavement be widened on the north side to provide for a 24 foot street and lessen the impact of cutting of trees within the right-of-way. 5. That the two remaining variances be forwarded to the Board of Directors. July 11, 1989 ITEM NO.: F (Continued) ... ........ Mr. Joe White of White-Daters and Associates, the project engineer, was present representing the application. Mr. White stated that the owner could accept the Staff recommendation. Mr. James Minor, a neighborhood resident, was present. Mr. Minor offered comments that the residents of the area now support the rezoning and the plat, given the assurances provided. He commented on the meeting held at his residence involving Staff and some 20 residents. Mr. Minor asked if it would be possible for the Commission to approve this development proposal conditioning the screening and buffering requirements being in place prior to the initiation of construction of the residences. The Commission then asked for clarification of several points, including Mr. Minor's request. It was determined that this request could be accomplished through the final plat process and conditions within the reclassification ordinance when rezoning to "R-3." A general discussion followed. A motion was then made to approve the plat as recommended by Staff plus the approval of the two variances which will be forwarded to the Board of Directors. Mr. Minor's condition on the screening and buffer was made a part of the motion. The motion passed by a vote of 6 ayes, 0 nays, and 5 absent. ORDINANCE AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND WAIVER OF STREET PAVING WIDTH AND DOUBLE -FRONTAGE LOTS REQUIREMENTS RESPECTIVELY. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for variance and waiver of certain requirements within the Subdivision Regulations of the City of Little Rock for Pine Hill Homes Preliminary Plat as follows: Subsection a. That Section 31-209 of the Code of Ordinance be amended to provide for a variance in street pavement width from 27 feet to 24 feet, back-to- back on the curbing, and that Section 31-232.(d) of the Code of Ordinances be amended to provide for a waiver of the prohibition of double frontage lots. SECTION 2. This ordinance shall take effect thirty (30) days from and after its passage. PASSED: ATTEST: APPROVED: C i t y Cl e r k "� -�- Mayor