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HomeMy WebLinkAboutS-0997 Staff AnalysisNovember 16, 1993 ITEM NO.: 7 FILE NO.: S-997 NAME: FORTINO SUBDIVISION REGULATIONS WAIVER LOCATION: At the south-west corner of Schultz Lane and U. S. Highway 65-167 and approximately 0.1 mile east of Ironton Road, at 1325 Schultz Lane DEVELOPER: ATTORNEY: HILDA FORTINO 1325 Schultz Lane Little Rock, AR 72206 888-3971 AREA: ACRES NUMBER OF LOTS: 1 STEPHEN BILHEIMER Bilheimer & Associates, P.A. 902 West Second Street Little Rock, AR 72201 376-2919 FT. NEW STREET: none ZONING: R-2 PROPOSED USES: Single-family Residential PLANNING DISTRICT: 23 CENSUS TRACT: 40.03 VARIANCES REQUESTED: Waiver from compliance with all Subdivision Regulations relative to subdividing the property or site plan review for multiple structures on a site. STATEMENT OF PROPOSAL: The applicant proposes to develop nine elderly, low income housing units on her property on Schultz Lane, and requests a wavier from compliance with all Subdivision Regulations which would affect this development. A. PROPOSALIREOUEST: Review by the Planning Commission and approval by the Board of Directors is sought by the applicant in order for her to continue the construction of nine homes on her property which she proposes to utilize for low income elderly housing. A waiver from all applicable Subdivision Regulations is requested in order for her to place the nine homes on her property in conjunction with her own residence and a number of out -buildings. B. EXISTING CONDITIONS: The site is outside the City Limits of Little Rock, but within the planning boundary. The property contains the applicant's home, plus a substantial building used for a hobby shop and retail outlet. There are a number of other November 16, 1993 ITEM NO.: 7 Continued FILE NO.: S-997 out -buildings on the site. Additionally, there are at least three of the new residential units which have been constructed in violation of the Subdivision Regulations. Access to the site is by way of Schultz Lane, a dirt and gravel roadway which is not maintained by the County. Whatever maintenance is accomplished is provided by the applicant. The site is at the dead-end of Schultz Lane abutting Highway 65-167 South, and is approximately 0.1 miles east of Ironton Road. C. ENGINEERING UTILITY COMMENTS: The City Engineering office indicates that the applicant needs to have a survey prepared and presented in order for there to be a proper review of the application. Water Works reports that a water main extension will be required. Execution of a "Pre -annexation Agreement" and approval by the City will be required in order for the applicant to obtain City water service. A pro-rata acreage charge of $100 per acre applies in addition to the normal connection charge. Wastewater reports that the property is outside their service boundary. Arkansas Power and Light Co. approved the submittal without comment. ARKLA Gas approved the submittal without comment. Southwestern Bell approved the submittal without comment. The Fire Department approved the submittal without comment. Pulaski County Planning reports that Schultz Lane is in a 40 foot easement in a recorded subdivision known as "Holman Subdivision", recorded in 1913. The easement has never been recognized by Pulaski County for maintenance, since the roadway was never constructed. The County reports that they have never maintained Schultz Lane. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The applicant began construction on what she indicates will eventually be nine housing units to be used for low income, elderly housing. Three such housing units have been substantially completed to date. The Zoning Enforcement Division began pursuing enforcement and this precipitated the application for a waiver from the regulations. E November 16, 1993 ITEM NO.: 7 Continued FILE NO.: S-997 The site contains the applicant's home, plus a large commercial building used as a hobby shop and retail outlet. Additionally, there are three of the newly constructed single-family homes, with six more proposed to follow. The Subdivision Regulations would require preparation of a legitimate site plan and site plan review by the Planning Commission for multiple structures on a site, or subdivision of the property with proper lots for the residences and proper access, streets, water, waste disposal, fire protection, etc. None of this has been provided. E. ANALYSIS: The applicant has undertaken a substantial program to provide low income elderly housing. She, however, has begun work without the benefit of a proper survey and site plan for the proposed development; without proper access to the development; without adequate water supply to the homes; and without proper fire protection. Without a water main extension and the location of a fire hydrant as required by the Regulations, and without street improvements to provide proper and adequate access to the site for residents and emergency equipment, the development creates a potentially hazardous situation. F. STAFF RECOMMENDATIONS: Staff recommends denial of the waivers requested. Staff recommends that if the applicant wishes to pursue her project, she have a proper survey and site plan prepared, be prepared to provide adequate access, water, and fire protection to the site, and return to the Commission for Site Plan Review. Proper access would have to be provided to Ironton Road. SUBDIVISION COMMITTEE COMMENT: (October 28, 1993) Mrs. Fortino and her attorney, Mr. Stephen Bilheimer, were present. Staff outlined the request and presented the site drawing. Mrs. Fortino related her request to the Committee and her frustration with having to comply with Regulations which she had not know were applicable. After a brief discussion, the matter was referred to the Commission for review. PLANNING COMMISSION ACTION: (November 16, 1993) Staff presented the request, explaining that the applicant, Mrs. Hilda Fortino, through her attorney, Mr. Stephen Bilheimer, has modified her request. Mrs. Fortino, staff reported, will t1 November 16, 1993 ITEM NO.: 7 (Continued) FILE No.: S-997 forego further construction of additional houses, and will limit the development to the three homes already constructed. Occupancy of these three homes will be limited to family members. She will not seek to tie onto City water, but, instead, will use the approved well which she has used in the past. Staff reported that no survey had been submitted with the request and that staff was unable to properly review the request; that there was no real way of determining if the development is on the land which has been represented. Staff recommended approval of the waiver of the requirement for site plan review if: 1) Mrs. Fortino is willing to submit a survey of the property, and if the survey shows that the development is, in fact, is a recorded subdivision with access to a public right-of-way; and 2) Mrs. Fortino ceases further development on her property. Mrs. Fortino and Mr. Bilheimer were present. Mr. Bilheimer conferred with Mrs. Fortino and responded that Mrs. Fortino would have the requested survey performed and would submit it for review. Following this discussion, a motion was made and seconded to recommend approval of the waiver to the Board of Directors subject to complying with the staff recommendation. The motion carried with the vote of 8 ayes, 1 no, 1 absent, no abstentions, and 1 open position. 4 1. Meeting Date: June 7,1994 2. Case No.: 5-997 3. Request: For FORTINO SUBDIVISION, a waiver from compliance with the Subdivision Regulations which require site plan review when multiple buildings are constructed on a site, and for providing the required improvements to the development. 4. Location: At the west end of Schultz Lane, approximately 0.1 mile east of Ironton Rd., and lying along the west right-of-way of U. S. Highway 65-167. 5. owner/Applicant: Hilda Fortino 6. Existing Status: The applicant's property is outside the City Limits of Little Rock, and is in a subdivision which was platted in 1913. Schultz Ln. was platted as a street, but has never been recognized or maintained by the County. The property is not zoned. The property contains the applicant's home, plus a substantial building used, at least at one time, for a hobby shop and retail outlet. There are a number of out -buildings scattered on the site. The applicant had intended to construct 9 homes on the property, which she indicated she intended to rent to low income elderly persons. She had built 3 of these homes when zoning enforcement became aware of the violation of the Regulations. Mrs. Fortino wanted a total waiver of all Subdivision Regulations to allow her to continue her project without Planning Commission review of the site plan and without providing all-weather roadways or utilities to the site. Neither staff or the Planning Commission supported this option, and Mrs. Fortino has agreed to cease the development and asks that the existing development, as it presently sits, be allowed to remain with the 3 homes, no streets, and no utilities. The Subdivision Regulations, Section 31-13, states: ". —development (s) involving the construction of two (2) or more buildings, together with the necessary drives and accessways, which (are) not subdivided... shall be subject to the provisions of this section." "Plans for all such developments shall be submitted to and approved by the Planning Commission...." Article III of the Subdivision Regulations requires improvements be made in conformance,.___._ with the Master Street Plan, Landscape Ordinance, etc. A waiver from these requirements is requested. 7. Proposed Use: Multiple single-family dwellings S. Staff Recommendation: Approval 9. Planning Commission_Recommendation: Approval 10. Conditions or Issues_Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: A vote of 8 ayes, 1 nay, 1 absent, 0 abstentions, and 1 open position 13. ❑biectors: None 14. Neighborhood Contact Person/Others: This area is not in any designated neighborhood association, and there are no associations in the vicinity. 15. Neighborhood_ Plan: Arch Street (23) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER FROM COMPLIANCE WITH THE SUBDIVISION REGULATIONS RELATIVE TO SITE PLAN REVIEW AND PROVIDING REQUIRED IMPROVEMENTS FOR FORTINO SUBDIVISION (S-997) 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 a waiver of certain requirements within the Subdivision Regulations of the City of Little Rock, Arkansas, for FORTINO SUBDIVISION, as follows: Subsection a. That Section 31-13, of the Subdivision Regulations, which requires that developments involving the construction of two (2) or more buildings, together with the necessary drives and accessways, which are not subdivided, are to be subject to the provisions of the Regulations, and provides that plans for all such developments be submitted to and approved by the Planning Commission be waived, and permit the residences and structures which were on the site as of the date of Planning Commission review of the requested waivers to remain, but no further development shall be permitted. Subsection b. That Article III of the Subdivision Regulations, which requires improvements to developments be made in conformance with the Master Street Plan, Landscaping Ordinance, and other regulations be waived, but subject to there being no further development within the subdivision. SECTION 3. That this ORDINANCE shall take effect thirty (30) days from and after its passage. PASSED: ATTEST: City Clerk APPROVED: Mayor FILE NO.• S-997 NAME: FORTINO SUBDIVISION REGULATIONS WAIVER LOCATION: At the south-west corner of Schultz Lane and U. S. Highway 65-167 and approximately 0.1 mile east of Ironton Road, at 1325 Schultz Lane DEVELOPER• HILDA FORTINO 1325 Schultz Lane Little Rock, AR 72206 888-3971 AREA: ACRES NUMBER OF LOTS: 1 ZONING• R-2 PLANNING DISTRICT: CENSUS TRACT: 40.03 VARIANCES REOUESTED: Regulations relative review for multiple 23 ATTORNEY• STEPHEN BILHEIMER Bilheimer & Associates, P.A. 902 West Second Street Little Rock, AR 72201 376-2919 FT. NEW STREET: none PROPOSED USES: Single-family Residential Waiver from compliance with all Subdivision to subdividing the property or site plan structures on a site. STATEMENT OF PROPOSAL: The applicant proposes to develop nine elderly, low income housing units on her property on Schultz Lane, and requests a wavier from compliance with all Subdivision Regulations which would affect this development. A. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors is sought by the applicant in order for her to continue the construction of nine homes on her property which she proposes to utilize for low income elderly housing. A waiver from all applicable Subdivision Regulations is requested in order for her to place the nine homes on her property in conjunction with her own residence and a number of out -buildings. B. EXISTING CONDITIONS: The site is outside the City Limits of Little Rock, but within the planning boundary. The property contains the applicant's home, plus a substantial building used for a hobby shop and retail outlet. There are a number of other out -buildings on the site. Additionally, there are at least three of the new residential units which have been constructed in violation of the Subdivision Regulations. FILE NO_: S-997 (continued) Access to the site is by way of Schultz Lane, a dirt and gravel roadway which is not maintained by the County. Whatever maintenance is accomplished is provided by the applicant. The site is at the dead-end of Schultz Lane abutting Highway 65-167 South, and is approximately 0.1 miles east of Ironton Road. C. ENGINEERINGIUTILITY COMMENTS: The City Engineering office indicates that the applicant needs to have a survey prepared and presented in order for there to be a proper review of the application. Water Works reports that a water main extension will be required. Execution of a "Pre -annexation Agreement" and approval by the City will be required in order for the applicant to obtain City water service. A pro-rata acreage charge of $100 per acre applies in addition to the normal connection charge. Wastewater reports that the property is outside their service boundary. Arkansas Power and Light Co. approved the submittal without comment. ARKLA Gas approved the submittal without comment. Southwestern Hell approved the submittal without comment. The Fire Department approved the submittal without comment. Pulaski County Planning reports that Schultz Lane is in a 40 foot easement in a recorded subdivision known as "Holman Subdivision", recorded in 1913. The easement has never been recognized by Pulaski County for maintenance, since the roadway was never constructed. The County reports that they have never maintained Schultz Lane. D. ISSUES/LEGALITECHNICALIDESIGN: The applicant began construction on what she indicates will eventually be nine housing units to be used for low income, elderly housing. Three such housing units have been substantially completed to date. The Zoning Enforcement Division began pursuing enforcement and this precipitated ------ the application for a waiver from the regulations. The site contains the applicant's home, plus a large commercial building used as a hobby shop and retail outlet. Additionally, there are three of the newly constructed single-family homes, with six more proposed to follow. 2 FILE NO.: S-997 (Continued) The Subdivision Regulations would require preparation of a legitimate site plan and site plan review by the Planning Commission for multiple structures on a site, or subdivision of the property with proper lots for the residences and proper access, streets, water, waste disposal, fire protection, etc. None of this has been provided. E. ANALYSIS: The applicant has undertaken a substantial program to provide low income elderly housing. She, however, has begun work without the benefit of a proper survey and site plan for the proposed development; without proper access to the development; without adequate water supply to the homes; and without proper fire protection. Without a water main extension and the location of a fire hydrant as required by the Regulations, and without street improvements to provide proper and adequate access to the site for residents and emergency equipment, the development creates a potentially hazardous situation. F. STAFF RECOMMENDATIONS: Staff recommends denial of the waivers requested. Staff recommends that if the applicant wishes to pursue her project, she have a proper survey and site plan prepared, be prepared to provide adequate access, water, and fire protection to the site, and return to the Commission for Site Plan Review. Proper access would have to be provided to Ironton Road. SUBDIVISION COMMITTEE COMMENT: (October 28, 1993) Mrs. Fortino and her attorney, Mr. Stephen Bilheimer, were present. Staff outlined the request and presented the site drawing. Mrs. Fortino related her request to the Committee and her frustration with having to comply with Regulations which she had not know were applicable. After a brief discussion, the matter was referred to the Commission for review. PLANNING COMMISSION ACTION: (November 16, 1993) Staff presented the request, explaining that the applicant, Mrs. Hilda Fortino; through -her attorney, Mr. Stephen Bilheimer, has modified her request. Mrs. Fortino, staff reported, will forego further construction of additional houses, and will limit the development to the three homes already constructed. Occupancy of these three homes will be limited to family members. She will not seek to tie onto City water, but, instead, will use 3 FILE NO.: B-997 (Continued) the approved well which she has used in the past. Staff reported that no survey had been submitted with the request and that staff was unable to properly review the request; that there was no real way of determining if the development is on the land which has been represented. Staff recommended approval of the waiver of the requirement for site plan review if: 1) Mrs. Fortino is willing to submit a survey of the property, and if the survey shows that the development is, in fact, is a recorded subdivision with access to a public right-of-way; and 2) Mrs. Fortino ceases further development on her property. Mrs. Fortino and Mr. Bilheimer were present. Mr. Bilheimer conferred with Mrs. Fortino and responded that Mrs. Fortino would have the requested survey performed and would submit it for review. Following this discussion, a motion was made and seconded to recommend approval of the waiver to the Board of Directors subject to complying with the staff recommendation. The motion carried with the vote of 8 ayes, 1 no, 1 absent, no abstentions, and 1 open position. 4 FILE NO.: 5-997 NAME: FORTINO SUBDIVISION REGULATIONS WAIVER LOCATION: At the south-west corner of Schultz Lane and U. S. Highway 65-167 and approximately 0.1 mile east of Ironton Road, at 1325 Schultz Lane DEVELOPER: HILDA FORTINO 1325 Schultz Lane Little Rock, AR 72206 888-3971 AREA: ACRES NUMBER OF LOTS: 1 ATTORNEY: STEPHEN BILHEIMER Bilheimer & Associates, P.A. 902 West Second Street Little Rock, AR 72201 376-2919 FT. NEW STREET: none ZONING: R-2 PROPOSED USES: Single-family Residential PLANNING DISTRICT: 23 CENSUS TRACT: 40.03 VARIANCES REQUESTED: Waiver from compliance with all Subdivision Regulations relative to subdividing the property or site plan review for multiple structures on a site. STATEMENT OF PROPOSAL: The applicant proposes to develop nine elderly, low income housing units on her property on Schultz Lane, and requests a wavier from compliance with all Subdivision Regulations which would affect this development. A. PROPOSALIREOUEST: Review by the Planning Commission and approval by the Board of Directors is sought by the applicant in order for her to continue the construction of nine homes on her property which she proposes to utilize for low income elderly housing. A waiver from all applicable Subdivision Regulations is requested in order for her to place the nine homes on her property in conjunction with her own residence and a number of out -buildings. B. EXISTING CONDITIONS: The site is outside the City Limits of Little Rock, but within the planning boundary. The property contains the applicant's home, plus a substantial building used for a hobby shop and retail outlet. There are a number of other out -buildings on the site. Additionally, there are at least FILE NO.: S-997 (Continued) three of the new residential units which have been constructed in violation of the Subdivision Regulations. Access to the site is by way of Schultz Lane, a dirt and gravel roadway which is not maintained by the County. Whatever maintenance is accomplished is provided by the applicant. The site is at the dead-end of Schultz Lane abutting Highway 65-167 South, and is approximately 0.1 miles east of Ironton Road. C. ENGINEERING/UTILITY COMMENTS: The City Engineering office indicates that the applicant needs to have a survey prepared and presented in order for there to be a proper review of the application. Water Works reports that a water main extension will be required. Execution of a "Pre -annexation Agreement" and approval by the City will be required in order for the applicant to obtain City water service. A pro-rata acreage charge of $100 per acre applies in addition to the normal connection charge. Wastewater reports that the property is outside their service boundary. Arkansas Power and Light Co. approved the submittal without comment. ARKLA Gas approved the submittal without comment. Southwestern Bell approved the submittal without comment. The Fire Department approved the submittal without comment. Pulaski County Planning reports that Schultz Lane is in a 40 foot easement in a recorded subdivision known as "Holman Subdivision", recorded in 1913. The easement has never been recognized by Pulaski County for maintenance, since the roadway was never constructed. The County reports that they have never maintained Schultz Lane. D. ISSUESILEGAL/TECHNICAL/DESIGN: The applicant began construction on what she indicates will eventually be nine housing units to be used for low income, elderly housing. Three such housing units have been substantially completed to date. The Zoning Enforcement Division began pursuing enforcement and this precipitated the application for a waiver from the regulations. The site contains the applicant's home, plus a large commercial building used as a hobby shop and retail outlet. Additionally, there are three of the newly constructed single-family homes, with six more proposed to follow. 2 FILE NO.: S-997 (Continued) The Subdivision Regulations would require preparation of a legitimate site plan and site plan review by the Planning Commission for multiple structures on a site, or subdivision of the property with proper lots for the residences and proper access, streets, water, waste disposal, fire protection, etc. None of this has been provided. E. ANALYSIS• The applicant has undertaken a substantial program to provide low income elderly housing. She, however, has begun work without the benefit of a proper survey and site plan for the proposed development; without proper access to the development; without adequate water supply to the homes; and without proper fire protection. Without a water main extension and the location of a fire hydrant as required by the Regulations, and without street improvements to provide proper and adequate access to the site for residents and emergency equipment, the development creates a potentially hazardous situation. F. STAFF RECOMMENDATIONS: Staff recommends denial of the waivers requested. Staff recommends that if the applicant wishes to pursue her project, she have a proper survey and site plan prepared, be prepared to provide adequate access, water, and fire protection to the site, and return to the Commission for Site Plan Review. Proper access would have to be provided to Ironton Road. SUBDIVISION COMMITTEE COMMENT: (October 28, 1993) Mrs. Fortino and her attorney, Mr. Stephen Bilheimer, were present. Staff outlined the request and presented the site drawing. Mrs. Fortino related her request to the Committee and her frustration with having to comply with Regulations which she had not know were applicable. After a brief discussion, the matter was referred to the Commission for review. PLANNING COMMISSION ACTION: (November 16, 1993) Staff presented the request, explaining that the applicant, Mrs. Hilda Fortino, through her attorney, Mr. Stephen Bilheimer, has modified her request. Mrs. Fortino, staff reported, will forego further construction of additional houses, and will limit the development to the three homes already constructed. occupancy of these three homes will be limited to family members. She will not seek to tie onto City water, but, instead, will use 3 FILE NO.: S-997 (Continued) the approved well which she has used in the past. Staff reported that no survey had been submitted with the request and that staff was unable to properly review the request; that there was no real way of determining if the development is on the land which has been represented. Staff recommended approval of the waiver of the requirement for site plan review if: 1) Mrs. Fortino is willing to submit a survey of the property, and if the survey shows that the development is, in fact, is a recorded subdivision with access to a public right-of-way; and 2) Mrs. Fortino ceases further development on her property. Mrs. Fortino and Mr. Bilheimer were present. Mr. Bilheimer conferred with Mrs. Fortino and responded that Mrs. Fortino would have the requested survey performed and would submit it for review. Following this discussion, a motion was made and seconded to recommend approval of the waiver to the Board of Directors subject to complying with the staff recommendation. The motion carried with the vote of 8 ayes, 1 no, 1 absent, no abstentions, and 1 open position. 4