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HomeMy WebLinkAboutS-1033 Staff AnalysisFILE NO:: $-1033 NAME: ORLEY FEAGINS SUBDIVISION -- PRELIMINARY PLAT LOCATION: On the north side of Burlingame Road, approximately 1 1/4 mile west of Colonel Glenn Road, outside the City Limits DEVELOPER: ENGINEER: ORLEY O. FEAGINS Ben Kittler, Jr. 16010 Burlingame Road BEN KITTLER, JR. LAND SURVEYOR Little Rock, AR 72211 6133 Dena Dr. 821-2935 Little Rock, AR 72206 888-3960 AREA: 5.09 ACRES NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING R-2 PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 21 CENSUS TRACT: 42.02 VARIANCES REQUESTED: 1. Waiver of Master Street Plan improvements to Burlingame Road 2. Waiver of the regulation which prohibits creation of pipe - stem lots TATEMENT OF PROPOSAL: The applicant proposes to subdivide a 5 acre tract into two building sites in order to provide -a home site for the applicants' daughter. The tract is approximately 300 feet wide, by 800 feet deep (with the north -south dimension being measured from the center line of Burlingame Road) and the applicants' existing home site lies approximately 290 feet north of the Burlingame Road centerline. The southern lot line of the second home site is proposed to be approximately 580 feet north of the centerline of Burlingame Road, with access to this second lot being provided by a 30 foot wide pipestem lying along the eastern boundary of the southern lot. Dedication of the right-of-way along Burlingame Road which is required by the Master Street Plan is proposed; however, a waiver of the required Master Street Plan improvements is requested. A. PROPOSAL/REQUEST: Review by the Planning Commission is sought for a subdivision involving splitting a family -owned tract in order to provide a second building site on the property. The existing home site would occupy Lot 1; the second home site would be on Lot 2. Lot 1 is proposed to contain 3 acres; lot 2, 2 acres. Dedication of the required right-of- FILE NO.: 5-1033 (Cont.) way for Burlingame Road (55 feet from the centerline of the existing roadway), is proposed. Board of Directors approval of a wavier of the required street and sidewalk construction is sought in order for Burlingame Road to remain in its present improved and County -maintained state. Since access to the rear/northern lot, Lot 2, is proposed to be by way of a pipestem running alongside the eastern lot line of Lot 1, a waiver of the restriction on the creation of pipestem lots is requested to be approved by the Board of Directors. B. EXISTING CONDITIONS: The site is the present location of the applicants' home, which lies approximately 290 feet north of the centerline of Burlingame Road. The existing home is served by a private well and septic tank. The area from Burlingame Road to beyond the existing home is cleared. The remainder of the site, however, is heavily wooded. There is a creek which runs along the north line of the property. The site is outside the City Limits, but is within the planning boundary of the City. The site and the surrounding lands are zoned R-2 C. ENGINEERING/UTILITY COMMENTS: Public Works comments that the Master Street Plan requires dedication of right-of-way for Burlingame Road to Principle Arterial standard (110 foot right-of-way; therefore, 55 feet is the applicant's portion of the required dedication). A development permit from the County floodplain administrator must be obtained prior to approval of the final plat. The basis for the selection of the creek easement width must be shown. The drainage area and "Q" value for the watercourse entering and leaving the site must be shown. The typical ditch section must be shown. Water Works reports that water service is not available to this site at this time. Wastewater reports that the area is outside their service boundary, and have no comments on the issue. Pulaski County Planning Department comments that the private drive needs to be a private drive in a pipestem. Arkansas Power and Light Co. will require easements. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal as presented. 2 FILE NO.: 6-1033 (Cont.) D. I SUES/LEGAL/TECHNICAL/DESIGN: Sect. 31-231 of the Subdivision Regulations states that: "Every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission." A private street can be approved in an access easement, but it is a "street" that must be built, not a "drive". To gain access to the rear/northern lot, Lot 2, either a street, meeting street design standards, must be built in an access easement, or, as is proposed for this development, a pipestem lot must be provided to have the required frontage on a public street. Sect. 31-232.g, however, states that "Pipestem lots shall be prohibited in residential subdivision. In order to have the required frontage on a public street and to provide access to the site without building a street to serve Lot 2, a pipestem is proposed, necessitating a waiver of the prohibition of a pipestem lot be approved by the Board of Directors. The applicant seeks a waiver of all improvements to Burlingame Road, including providing 1/2 street improvements and the sidewalk along the Burlingame Road frontage of the site. Water to the existing lot is by well; a well is proposed to provide water to the newly created lot. Sewer is by septic tank on the existing lot, and is proposed to be provided by a septic tank on the newly created lot. The applicant proposes to defer performance of the "perc" test until after the preliminary plat is approved, but prior to submitting the final plat. E. ANALYSIS• The applicants proposes development of a second home site at the rear of the family -owned property in order for their daughter to construct a home on the site. The applicants report that Mr. Feagins is disabled and required 24-hour care. The daughter, if she is nearby, can provide the care, while Mrs. Feagins continues to work. With the site being so much deeper than it is wide, dividing the site as has been proposed is the only viable alternative. This creates the need for access by either construction of a street to Lot 2, or creation of a pipestem lot. Since it is not economically feasible to built a street, the pipestem is the only remaining alternative. Burlingame Road is a County road, and is maintained by the County. There are no plans in the foreseeable future, by the County or City, to widen Burlingame Road at all, let along widen it to principal arterial standards. 3 FILE NO.: S-1033 (Qont.) _ Only minor deficiencies and additions to the plans remain. These can be corrected and provided at the time of submission of the approved preliminary plat drawing. F . STAFF RECC, MMENDATION� : Staff recommends approval of the preliminary plat, and of the waivers requested: the waiver of the Master Street Plan improvements to Burlingame Road and the waiver of the prohibition on the creation of a pipestem lot. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Ben Kittler, representing the applicant was present. Staff presented the request and reviewed with the Committee members the preliminary plat which was submitted. Staff indicated that the plat which had been submitted provided access to the rear/northern lot, Lot 2, by way of an access easement, but stated that this was being proposed to be changed to a pipestem. Staff indicated that the access easement would require construction of a street to provide the access to Lot 2. The more economical solution would be to construct a private driveway in a pipestem, and this was the alternative which the applicants would be pursuing. Revised drawings showing the pipestem would be provided, according to Mr. Kittler. Mr. Kittler also explained that the applicants' property is outside the City Limits, but within the planning jurisdiction of the City; that Burlingame Road is a County Road and is maintained by the County; and, that the applicants' are seeking a waiver of the requirement of the Master Street Plan to widen Burlingame Road to principal arterial standards. Mr. Kittler indicated, though, that the applicants' are willing to dedicate the required right-of-way for the future principal arterial. The Committee reviewed with Mr. Kittler the comments contained in the discussion outline, and Mr. Kittler responded that he would make the needed changes and additions. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that a revised preliminary plat had been submitted which provides access to the rear/northernmost lot by way of a pipestem, in lieu of the access easement previously proposed. Staff reported that the request for a pipestem lot and waivers from the Master Street Plan requirement to construct street and sidewalk improvements on Burlingame Road would have to be approved by the Board of Directors, and recommended approval of the revised preliminary plat, subject to the Board's granting the 4 FILE N -10 3 (Cont.) requested waivers. The item was included on the consent agenda for approval, and the preliminary plat, with a recommendation to the Board of Directors for approval of the requested waivers, was approved with the vote of 10 ayes, 0 nays, 0 absent, 0 abstentions, and 1 open position. 67 FILE O.: ---10 NAME: ORLEY FEAGINS SUBDIVISION -- PRELIMINARY PLAT LOCATION: On the north side of Burlingame Road, approximately 1 1/4 mile west of Colonel Glenn Road, outside the City Limits DEVELOPER: ORLEY O. FEAGINS 16010 Burlingame Little Rock, AR 821-2935 AREA• 5.09 ACRES ZONING: R-2 ENGINEER: Ben Kittler, Jr. Road BEN KITTLER, JR. LAND SURVEYOR 72211 6133 Dena Dr. Little Rock, AR 72206 888-3960 NUMBER OF LOTS: 2 FT. NEW STREET: 0 PLANNING DISTRICT: 21 CENSUS TRACT: 42.02 PROPOSED USES: Single -Family Residential VARIANCES REOL7ESTED: 1. Waiver of Master Street Plan improvements to Burlingame Road 2. Waiver of the regulation which prohibits creation of pipe - stem lots TATEMENT OF PROPOSAL The applicant proposes to subdivide a 5 acre tract into two building sites in order to provide a home site for the applicants' daughter. The tract is approximately 300 feet wide, by 800 feet deep (with the north -south dimension being measured from the Center line of Burlingame Road) and the applicants' existing home site lies approximately 290 feet north of the Burlingame Road centerline. The southern lot line of the second home site is proposed to be approximately 580 feet north of the centerline of Burlingame Road, with access to this second lot being provided by a 30 foot wide pipestem lying along the eastern boundary of the southern lot. Dedication of the right-of-way along Burlingame Road which is required by the Master Street Plan is proposed; however, a waiver of the required Master Street Plan improvements is requested. A. PROP AL/REDDEST: Review by the Planning Commission is sought for a subdivision involving splitting a family -owned tract in order to provide a second building site on the property. The existing home site would occupy Lot 1; the second home site would be on Lot 2. Lot 1 is proposed to contain 3 acres: lot 2, 2 acres. Dedication of the required right -of - FILE N -1 C nt.)- way for Burlingame Road (55 feet from the centerline of the existing roadway), is proposed. Board of Directors approval of a wavier of the required street and sidewalk construction is sought in order for Burlingame Road to remain in its present improved and County -maintained state. Since access to the rear/northern lot, Lot 2, is proposed to be by way of a pipestem running alongside the eastern lot line of Lot 1, a waiver of the restriction on the creation of pipestem lots is requested to be approved by the Board of Directors. B. EXISTING CONDITIONS: The site is the present location of the applicants' home, which lies approximately 290 feet north of the centerline of Burlingame Road. The existing home is served by a private well and septic tank. The area from Burlingame Road to beyond the existing home is cleared. The remainder of the site, however, is heavily wooded. There is a creek which runs along the north line of the property. The site is outside the City Limits, but is within the planning boundary of the City. The site and the surrounding lands are zoned R-2 C. ENGINEERINVUTILITY COMMENTS: Public Works comments that the Master Street Plan requires dedication of right-of-way for Burlingame Road to Principle Arterial standard (110 foot right-of-way; therefore, 55 feet is the applicant's portion of the required dedication). A development permit from the County floodplain administrator must be obtained prior to approval of the final plat. The basis for the selection of the creek easement width must be shown. The drainage area and "Q" value for the watercourse entering and leaving the site must be shown. The typical ditch section must be shown. Water Works reports that water service is not available to this site at this time. Wastewater reports that the area is outside their service boundary, and have no comments on the issue. Pulaski County Planning Department comments that the private drive needs to be a private drive in a pipestem. Arkansas Power and Light Co. will require easements. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal as presented. E FILE N --1 (Cont.), D. I E LE AL TE H I AL DE I Sect. 31-231 of the Subdivision Regulations states that: "Every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission." A private street can be approved in an access easement, but it is a "street" that must be built, not a "drive". To gain access to the rear/northern lot, Lot 2, either a street, meeting street design standards, must be built in an access easement, or, as is proposed for this development, a pipestem lot must be provided to have the required frontage on a public street. Sect. 31-232.g, however, states that "pipestem lots shall be prohibited in residential subdivision. In order to have the required frontage on a public street and to provide access to the site without building a street to serve Lot 2, a pipestem is proposed, necessitating a waiver of the prohibition of a pipestem lot be approved by the Board of Directors. The applicant seeks a waiver of all improvements to Burlingame Road, including providing 1/2 street improvements and the sidewalk along the Burlingame Road frontage of the site. Water to the existing lot is by well; a well is proposed to provide water to the newly created lot. Sewer is by septic tank on the existing lot, and is proposed to be provided by a septic tank on the newly created lot. The applicant proposes to defer performance of the "perc" test until after the preliminary plat is approved, but prior to submitting the final plat. E. ANALYSIS: The applicants proposes development of a second home site at the rear of the family -owned property in order for their daughter to construct a home on the site. The applicants report that Mr. Feagins is disabled and required 24-hour care. The daughter, if she is nearby, can provide the care, while Mrs. Feagins continues to work. With the site being so much deeper than it is wide, dividing the site as has been proposed is the only viable alternative. This creates the need for access by either construction of a street to Lot 2, or creation of a pipestem lot. Since it is not economically feasible to built a street, the pipestem is the only remaining alternative. Burlingame Road is a County road, and is maintained by the County. There are no plans in the foreseeable future, by the County or City, to widen Burlingame Road at all, let along widen it to principal arterial standards. I FILE NO.: S-1033 (Cont.) Only minor deficiencies and additions to the plans remain. These can be corrected and provided at the time of submission of the approved preliminary plat drawing. F . STAFF RE MME ?DTI Staff recommends approval of the preliminary plat, and of the waivers requested: the waiver of the Master Street Plan improvements to Burlingame Road and the waiver of the prohibition on the creation of a pipestem lot. SUB)IVT,9ION C MMITTEE COMMENT: (AUGUST 18, 1994) Mr. Ben Kittler, representing the applicant was present. Staff presented the request and reviewed with the Committee members the preliminary plat which was submitted. Staff indicated that the plat which had been submitted provided access to the rear/northern lot, Lot 2, by way of an access easement, but stated that this was being proposed to be changed to a pipestem. Staff indicated that the access easement would require construction of a street to provide the access to Lot 2. The more economical solution would be to construct a private driveway in a pipestem, and this was the alternative which the applicants would be pursuing. Revised drawings showing the pipestem would be provided, according to Mr. Kittler. Mr. Kittler also explained that the applicants' property is outside the City Limits, but within the planning jurisdiction of the City; that Burlingame Road is a County Road and is maintained by the County; and, that the applicants' are seeking a waiver of the requirement of the Master Street Plan to widen Burlingame Road to principal arterial standards. Mr. Kittler indicated, though, that the applicants' are willing to dedicate the required right-of-way for the future principal arterial. The Committee reviewed with Mr. Kittler the comments contained in the discussion outline, and Mr. Kittler responded that he would make the needed changes and additions. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that a revised preliminary plat had been submitted which provides access to the rear/northernmost lot by way of a pipestem, in lieu of the access easement previously proposed. Staff reported that the request for a pipestem lot and waivers from the Master Street Plan requirement to construct street and sidewalk improvements on Burlingame Road would have to be approved by the Board of Directors, and recommended approval of the revised preliminary plat, subject to the Board's granting the 4 FILE NQ.: S-1033 (GQnt.) requested waivers. The item was included on the consent agenda for approval, and the preliminary plat, with a recommendation to the Board of Directors for approval of the requested waivers, was approved with the vote of 10 ayes, 0 nays, 0 absent, 0 abstentions, and 1 open position. k,