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HomeMy WebLinkAboutS-0687 Staff AnalysisApril 24, 1990 SUBDIVISION ITEM NO.: 5 FILE NO.: S-687 NAME: Lake Lawn Preliminary Plat LOCATION: Off Henderson Road DEVELOPER: ENGINEER: Bill Priest Brooks & Curry, Inc. 7711 Henderson Road Little Rock, Arkansas 72210 North Little Rock, Arkansas AREA: 9.8 Acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Residential PLANNING DISTRICT: 27 CENSUS TRACT: 42.07 VARIANCES REOUESTED: None A. PROPOSAL/REQUEST: This owner proposes the replatting of an existing tract of land of approximately 10 acres into three large residential lots. The rear lot of the three would be serviced by a 20 foot adjacent ownership connected to Henderson Road. B. EXISTING CONDITIONS: The site currently is occupied by a single family house and second house under construction. The 20 foot ingress/egress easement is already in place. C. ENGINEERING COMMENTS: None of property appears to front on a dedicated street. Stormwater Detention and Excavation Ordinances apply, if applicable outside the City Limits. 1 April 24, 1990 SUBDIVISION Item No.: 5 (Continued): D. ISSUES/LEGAL/TECHNICAL/DESIGN: The primary legal issue attached to this plat is the access which is non-existent from public streets. This developer was directed by Planning Staff to provide evidence with adjoining property owner's signature of legal access. Apparently, there is some legal action between adjoining property owners. The following points of information, according subdivision ordinances, should be dealt with by the Developer. These are: - Explanation of access to the land locked parcels. - All of Mr. Priest property needs to be included on the plat. - Identification of street r/w adjoining the above property. - Complete certification of ownership. - Include building line on all lots. E. ANALYSIS• The staff review of this preliminary plat reflects little in the way of problems internal to the plat. There are several legal issues attached to access which is non-existent from the public streets. Planning staff would like to ask Planning Commission to choose the way of handling this project. One option would be to accept this plat as a rural plat with all the deficiencies or second would be to correct them according present City Ordinances which would involve other owners and street construction. F. STAFF RECOMMENDATION: The staff reserves its recommendation on this item until the Subdivision Committee meeting in order to further develop information concerning legal access. K April 24, 1990 SUBDIVISION Item No.: 5 (Continued): SUBDIVISION COMMITTEE COMMENTS: (April 12, 1990) Mr. Priest, Craig, and Hamm were present representing this plat. Richard Wood of the Planning Staff performed a brief overview of the plat pointing out the reasons which brought this plat to the Planning Commission. He stated that the illegal sale of the Mr. Craig property and access thru abutting neighbors property created the need for a Subdivision Plat. He stated that the participating property owners could not agree as to the content of this plat for filing and refused to sign this plat. Richard Wood continued state that there are several problems associated with the plat. First being lack of access easement to existing houses. The plat does not include all properties owned by Mr. Priest. Richard Wood asked Planning Commission to take part in solving those problems. He also added that there are many other Subdivisions like this one which have similar problems in this part of Pulaski County. Jim Lawson stated that the Planning Staff does not support the easement thru Lot 3 until it is a full size street. He also encouraged involved property owners to sign a plat for future safety from subdivision expansion. The closing comments of the committee on this plat included a request for a drawing showing overall layout of the streets and easements system for Henderson Road area, the purpose of which would be to guide the possible placement of a full size street and interconnection of the landlock parcels. PLANNING COMMISSION ACTION: April 24, 1990 Mr. Richard Wood presented Staff recommendation on this plat being denied as drafted but the Staff determined that there is only one solution for the Commission to support this plat by eliminating Lot 3 and endorsing the two remaining lots on this plat which will have one house on one tract and directing Mr. Priest to provide adequate legal access from public roads before he expands subdivision to additional lots. Mr. Bill Priest then spoke and made comments about 3 May 24, 1990 SUBDIVISION ITEM NO.: 5 (Continued PLANNING COMMISSION ACTION: (April 24, 1990) his development. He stated that he does not plan to develop any other properties that he owns. A brief discussion then followed involving several of the Commissioners and Mr. Priest dealing primarily with future development of the adjacent property which Mr. Priest owns. The Commission then asked Mr. Wood, Planning Staff, what would have to be done to bring this plat to City standards. Mr. Wood stated that a 50 foot wide right-of-way and 27 foot wide street should be in place in order to meet City standards. The Chairman then asked for other comments from the neighborhood. Mr. Mike Craig, owner of Lot 1, stated that he purchased his property from Mr. Crist July 1989 and asked to develop the subdivision according to all the regulation but he does not want to be a part of the subdivision. His other concern is the easement sold to AP&L by Mr. Priest and not shown on the plot. Ray Hanley, property owner, stated that a lack of water and sewer would create limitation for the growth of this subdivision. Mr. Babin, owner of 50 acres, stated that Mr. Priest has been trying to buy a 50 foot wide easement access to his property from Henderson Road. He objects to future development because of lack of -sewer and city water. He agrees with the Planning Staff to put a restriction on Mr. Priest's property. Ms. Shirley West, abutting property owner, has an objection to future development of Mr. Priest' subdivision. She wants to keep the area as a rural quiet neighborhood. Mr. Dean Ham, owner of abutting land opposed the proposed subdivision and future development by Mr. Priest. A brief discussion followed involving several of the Commissioners and Mr. Priest dealing with future development. It was determined that the application be amended to a two lot subdivision. Mr. Priest did not accept the amended application as a Lot 1 and Lot 2. A motion was made to approve this application as amended by the Planning Commission with Lot 1 and Lot 2 being Lake Lawn Subdivision and passed by a vote of 8 ayes, 1 no, 2 absent. ►0