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HomeMy WebLinkAboutS-1043 Staff AnalysisFILE NO.: S-1043 NAME: TOM MAJOR ADDITION -- PRELIMINARY PLAT LOCATION: Beyond the present end of Flintridge Rd., approximately 0.25 mile north of Stagecoach Rd. DEVELOPER: ENGINEER: THOMAS R. MAJOR WHITE-DATERS & ASSOCIATES, INC. 7720 Flintridge Rd. 401 S. Victory St. Little Rock, AR 72210 Little Rock, AR 72201 455-0778 374-1666 AREA: 7.6 ACRES -- NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 16 CENSUS TRACT: 42.08 VARIANCES REODESTED: 1). Waiver of Master Street Plan requirements for right-of-way and improvements on Flintridge Rd. 2). Waiver of prohibition of pipestem lots. 3). Variance of the regulation which restricts lot depths to be not more than 3 times the lot width. STATEMENT OF PROPOSAL: The applicant proposes a preliminary plat in order to develop two home sites on a 7.6 acre tract. The front 1.2 acre tract contains the applicant's current residence; he has acquired the rear/west 6.4 acre tract, and wishes to develop this rear tract as a new home site for himself, while leaving the present home as a rent or marketable house. This rear tract is landlocked at the present time, although it will have frontage along its west boundary when a future minor arterial roadway is developed which is designated to abut the property along its west boundary. The applicant proposes to dedicate the required right-of-way for this future minor arterial roadway. Access to the existing home site is to Flintridge Rd., to the east, and a pipestem is proposed to be provided along the north edge of the present home site to provide the required access to the rear tract. Flintridge Rd. is proposed to remain in its present condition, as a paved rural residential street. FILE NO.: S-1043 (Continued) A. PROPOSAL/REQUEST: The applicant requests approval by the Planning Commission of the proposed preliminary plat. Review by the Planning Commission and approval by the Board of Directors is sought for the two waivers and one variance which are requested: a waiver of the regulation which would require that the applicant provide right-of-way and make Master Street Plan improvements to Flintridge Rd.; a waiver of the Subdivision Regulation which prohibits the creation of pipestem lots; and a variance of the regulation which requires that lots not be more than 3 times as deep as they are wide. B. EXISTTNG CONDITIONS: The proposed subdivision lies at the west end of Flintridge Rd., with the front/east 1.2 acre tract containing the applicant's current home site. The rear/west 6.4 acre tract is undeveloped and heavily wooded, and, at this time, is landlocked. (However, when the David O Dodd Rd. realignment and extension are constructed, this west tract will have frontage on that roadway.) Flintridge Rd. is an open -ditch,, paved, rural road street section, with scattered home sites along its length. The topography of the proposed subdivision is hilly, with the land dropping off to the west from an elevation of approximately 352 feet MSL (Mean Sea Level) at the Flintridge Rd. frontage of the site, to approximately 330 feet MSL along the west boundary of the site. The existing zoning of the site is R-2, with R-2 zoning on all lands to the north, west, south, and east. There is a large 0-3 zoned tract abutting the site at'the northeast corner of the site. ` C. ENGINEERING UTILITY COMMENTS: Public Works comments that: 1) dedication of the right-of- way along the west boundary of the proposed subdivision for a minor arterial will be required; 2) a sketch grading and drainage plan, meeting the requirements of Sec. 29-186, is required, and a NPDES permit will be required if 5 acres is to be disturbed; and, 3) street plans and boundary survey information will be required. Public Works notes that the wedge of property between the end of Flintridge Rd. and the applicant's property is owned by the abutting property owner to the north, so the applicant will need to acquire this property in order for the subdivision to have frontage on Flintridge Rd. The applicant will then need to dedicate this property to the City as right-of-way for Flintridge Rd., then will be required to extend Flintridge Rd. within the dedicated right-of-way along the frontage of the K FILE NO.: S-1043 (Continued) proposed subdivision, and to construct a "T"-turnaround or a cul-de-sac at the end of Flintridge Rd. Public Works recommends that the requested waiver of providing and dedicating street right-of-way for and making Master Street Plan improvements to Flintridge Rd. be denied. Public Works recommends that the requested waiver of the prohibition of pipestem lots be denied, but that if a pipestem lot is approved, the pipestem have a minimum width of 30 feet in order for the applicant to be able to construct a driveway with aprons, and have sufficient room for a mailbox within the pipestem lot frontage in the right-of-way. Water Works comments that a water main -extension will be required. Wastewater comments that a sewer main extension, with easements, will be required. Arkansas Power and Light Co. comments that a 15 foot easement will be required around the perimeter of the subdivision, and along -the lot -line between Lots 1 & 2. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the preliminary plat without comment. The Fire Department approved the submittal without comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: Section 31-232(g) states that pipestem lots shall be prohibited in residential subdivisions. Since the 6.4 acre tract is landlocked, at least until the David O Dodd Rd. extension is constructed, the only means for developing the tract is to provide a pipestem from Flintridge Rd. to the tract. The rear/west 6.4 acre tract, once the David O Dodd Rd. extension is constructed, will have frontage on both David O Dodd Rd. on the west, and on Flintridge Rd. by way of the pipestem on the east. Section 31-232(d) prohibits double frontage lots, but allows them when one of the frontages is an arterial street. David O Dodd Rd. will be a minor arterial street; therefore there is no conflict with the regulation. Section 31-232(b) states that: "No residential lot shall be more than three (3) times as deep as it is wide". The proposed Lot 2 is 250 feet wide (excluding its width -at the pipestem) and is 1,115 feet deep. Three (3) times the 250 3 FILE NO.: 5-1043 (Contizzued) width is 750 feet; therefore, a 365 foot variance is required. Public Works has indicated that, if the pipestem waiver is granted, the pipestem width be a minimum of 30 feet. Because the existing home is located close to the north boundary -of the front/east tract though which the pipestem must pass, the pipestem must be 20 feet beside the house, but, the applicant has shown the pipestem tapering to 30 feet in width at the frontage of Flintridge Rd. Section 31-231 states that: "Every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission." Section 31-2 - Definitions, defines a subdivision as a division of a tract of land "involving the need for new access", but excludes divisions of land where the parcels which are created are greater than five (5) acres and have minimum lot frontage on legal and nhvsical access. The words "legal and physical access" are key words. Public Works has noted that the applicant's property does not have frontage on --a public street; that there is a wedge of land which lies between the applicant's property and the Flintridge Rd. right-of-way. The applicant does, however, have physical access to his property, in that there is a driveway to Flintridge Rd. from his home site. The applicant does, presumably, have legal access due to the length of time he has used the land for access to his home site by way of.adverse possession. The Planning Commission should be able to --approve the proposed subdivision, subject to the Board of Directors granting the requested waivers and the variance, without regard for the "access" issue. E. ANALYSIS• The proposed subdivision poses several problems, as outlined above, --which are in conflict with the Subdivision Regulations, and which, if taken out of the context of the applicant's situation, could lead to a decision to deny the application. If it is recalled, however, that the applicant bought and has remodeled the older home on the smaller tract which fronts on Flintridge Rd. as an interim home, then acquired and planned to develop the larger western tract for a home sites for himself, and that the proposal is for 2 homes on 7.6 acres, the scale of the proposal takes on different proportions. The proposed subdivision is for an individual trying to develop a site for his own home, and retain or market the interim home. There is no way to have access to this second home site, at least for the time being, except to approve a pipestem. As an individual developing a 2-lot subdivision for himself, requiring improvements to Flintridge Rd. would be burdensome. The wavers and the variance, then, are reasonable departures 4 FILE NO.: S-1043 Continued from the standards in order for the applicant to be able to accomplish his goal. F. GAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat, and the Planning staff recommends approval of the two wavers and the one variance. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 10, 1994) Mr. Joe White, with White-Daters & Associates, the project engineering firm, was present. Mr. White reviewed the comments contained in the discussion outline, and the Public Works staff reviewed with Mr. White and the Committee members the Public Works comments regarding the Flintridge Rd. right-of-way issues and Master Street Plan issues, and the pipestem lot concerns. Mr. White indicated that he would study the concerns and try to address the issues, but indicated that the requested waivers and the variance would probably need to be pursued. The Committee members, after the discussion, forwarded the proposed preliminary plat to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (NOVEMBER 29, 1994) Staff reported that the applicant has produced documentation that, in fact, the Flintridge Rd. right-of-way abutting the property has been dedicated; that, therefore, access to the property is not an issue. Staff reported that the Planning staff supports the other requested waivers (the waiver of street improvement requirements and the waiver to permit the creation of a pipestem lot) and the variance (for the lot depth to width ratio). Staff reported that there are no other issues to resolve. The item, approval of the preliminary plat and a recommendation of approval of the waiver of the street improvement requirement, the waiver to,permit the creation of a pipestem lot, and the variance for the lot depth to width ratio, was included on the Consent Agenda for approval, and was approved with the vote of 10 ayes, 0 nays, 1 absent, and 0 abstentions. 5 November 29, 1994 ITEM NO.: 3 FILE NO.: S-1043 NAME: TOM MAJOR ADDITION -- PRELIMINARY PLAT LOCATION: Beyond the present end of Flintridge Rd., approximately 0.25 mile north of Stagecoach Rd. DEVELOPER: ENGINEER: THOMAS R. MAJOR WHITE-DATERS & ASSOCIATES, INC. 7720 Flintridge Rd. 401 S. Victory St. Little Rock, AR 7-2210 Little Rock, AR 72201 455-0778 374-1666 AREA: 7.6 ACRES NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 PROPOSED ❑SES: Single -Family Residential PLANNING DISTRICT: 16 CENSUS TRACT: 42.08 VARIANCES REQUESTED: 1). Waiver of Master Street Plan requirements for right-of-way and improvements on Flintridge Rd. 2). Waiver of prohibition of pipestem lots. 3). Variance of the regulation which restricts lot depths to be not more than 3 times the lot width. ,STATEMENT OF PROFOAL : The applicant proposes a preliminary plat in order to develop two home sites on a 7.6 acre tract. The front 1.2 acre tract contains the applicant's current residence; he has acquired the rear/west 6.4 acre tract, and wishes to develop this rear tract as a new home site for himself, while leaving the present home as a rent or marketable house. This rear tract is landlocked at the present time, although it will have frontage along its west boundary when a future minor arterial roadway is developed which is designated to abut the property along its west boundary. The applicant proposes to dedicate the required right-of-way for this future minor arterial roadway. Access to the existing home site is to Flintridge Rd., to the east, and a pipestem is proposed to be provided along the north edge of the present home site to provide the required access to the rear tract. Flintridge Rd. is proposed to remain in its present condition, as a paved rural residential street. November 29, 1994 SUBDIVISION ITEM NO.: 3 Continued FILE NO.: 5-1043 A. PROPO AL RE UE T: The applicant requests approval by the Planning Commission of the proposed preliminary plat. Review by the Planning Commission and approval by the Board of Directors is sought for the two waivers and one variance which are requested: a waiver of the regulation which would require that the applicant provide right-of-way and make Master Street Plan improvements to Flintridge Rd.; a waiver of the Subdivision Regulation which prohibits the creation of pipestem lots; and a variance of the regulation which requires that lots not be more than 3 times as deep as they are wide. B. EXISTING CONDITIONS: The proposed subdivision lies at the west end of Flintridge Rd., with the front/east 1.2 acre tract containing the applicant's current home site. The rear/west 6.4 acre tract is undeveloped and heavily wooded, and, at this time, is landlocked. (However, when the David O Dodd Rd. realignment and extension are constructed, this west tract will have frontage on that roadway.) Flintridge Rd. is an open -ditch, paved, rural road street section, with scattered home sites along its length. The topography of the proposed subdivision is hilly, with the land dropping off to the west from an elevation of approximately 352 feet MSL (Mean Sea Level) at the Flintridge Rd. frontage of the site, to approximately 330 feet MSL along the west boundary of the site. The existing zoning of the site is R-2, with R-2 zoning on all lands to the north, west, south, and east. There is a large 0-3 zoned tract abutting the site at the northeast corner of the site. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that: 1) dedication of the right-of- way along the west boundary of the proposed subdivision for a minor arterial will be required; 2) a sketch grading and drainage plan, meeting the requirements of Sec. 29-186, is required, and a NPDES permit will be required if 5 acres is to be disturbed; and, 3) street plans and boundary survey information will be required. Public Works notes that the wedge of property between the end of Flintridge Rd. and the applicant's property is owned by the abutting property owner to the north, so the applicant will need to acquire this property in order for the subdivision to have frontage on Flintridge Rd. The applicant will then need to dedicate this property to the City as right-of-way for Flintridge 2 November 29, 1994 SUBDIVISION ITEM NO.: 3 (Continued) _ _ FILE NO.: S-1043 Rd., then will be required to extend Flintridge Rd. within the dedicated right-of-way along the frontage of the proposed subdivision, and to construct a "T"-turnaround or a cul-de-sac at the end of Flintridge Rd. Public Works recommends that the requested waiver of providing and dedicating street right-of-way for and making Master Street Plan improvements to Flintridge Rd. be denied. Public Works recommends that the requested waiver of the prohibition of pipestem lots be denied, but that if a pipestem lot is approved, the pipestem have a minimum width of 30 feet in order for the%.applicant to be able to construct a driveway with aprons, and have sufficient room for a mailbox within the pipestem lot frontage in the right-of-way. Water Works comments that a water main extension will be required. Wastewater comments that a sewer main extension, with easements, will be required. Arkansas Power and Light Co. comments that a 15 foot easement will be required around the perimeter of the subdivision, and along the lot line between Lots 1 & 2. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the preliminary plat without comment. The Fire Department approved the submittal without comment. D. ISSUES LEGAL TECHNICAL DESIGN: Section 31-232(g) states that pipestem lots shall be prohibited in residential subdivisions. Since the 6.4 acre tract is landlocked, at least until the David O Dodd Rd. extension is constructed, the only means for developing the tract is to provide a pipestem from Flintridge Rd. to the tract. The rear/west 6.4 acre tract, once the David O Dodd Rd. extension is constructed, will have frontage on both David O Dodd Rd. on the west, and on Flintridge Rd. by way of the pipestem on the east. Section 31-232(d) prohibits double frontage lots, but allows them when one of the frontages is an arterial street. David O Dodd Rd. will be a minor arterial street; therefore there is no conflict with the regulation. 3 - November 29, 1994 SyBDIVIS1oN ITEM NO.: 3 C ntinued FILE NO.: 5-1043 Section 31-232(b) states that: "No residential lot shall be more than three (3) times as deep as it is wide". The proposed Lot 2 is 250 feet wide (excluding its width at the pipestem) and is 1,115 feet deep. Three (3) times the 250 width is 750 feet; therefore, a 365 foot variance is required. Public Works has indicated that, if the pipestem waiver is granted, the pipestem width be a minimum of 30 feet. Because the existing home is located close to the north boundary of the front/east tract though which the pipestem must pass, the pipestem must be 20 feet beside the house, but, the applicant has shown the pipestem tapering to 30 feet in width at the frontage of Flintridge Rd. Section 31-231 states that: "Every lot shall abut upon a Public street, except where private streets are explicitly approved by the Planning Commission." Section 31-2 Definitions, defines a subdivision as a division of a tract of land "involving the need for new access", but excludes divisions of land where the parcels which are created are greater than five (5) acres and have minimum lot frontage on legal and physical access. The words "legal and physical access" are key words. Public Works has noted that the applicant's property does not have frontage on a public street; that there is a wedge of land which lies between the applicant's property and the Flintridge Rd. right-of-way. The applicant does, however, have physical access to his property, in that there is a driveway to Flintridge Rd. from his home site. The applicant does, presumably, have legal access due to the length of time he has used the land for access to his home site by way of adverse possession. The Planning Commission should be able to approve the proposed subdivision, subject to the Board of Directors granting the requested waivers and the variance, without regard for the "access" issue. E. ANALYSIS: The proposed subdivision poses several problems, as outlined above, which are in conflict with the Subdivision Regulations, and which, if taken out of the context of the applicant's situation, could lead to a decision to deny the application. If it is recalled, however, that the applicant bought and has remodeled the older home on the smaller tract which fronts on Flintridge Rd. as an interim home, then acquired and planned to develop the larger western tract for a home sites for himself, and that the proposal is for 2 homes on 7.6 acres, the scale of the proposal takes on different proportions. The proposed subdivision is for an individual trying to develop a site for his own home, and 4 November 29, 1994 SUBDIVISION ITEM NO.: _3 (Continued) FILE NO • S-1043 retain or market the interim home. There is no way to have access to this second home site, at least for the time being, except to approve a pipestem. As an individual developing a 2-lot subdivision for himself, requiring improvements to Flintridge Rd. would be burdensome. The wavers and the variance, then, are reasonable departures from the standards in order for the applicant to be able to accomplish his goal. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat, and the Planning staff recommends approval of the two wavers and the one variance. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 10, 1994) Mr. Joe White, with White-Daters & Associates, the project engineering firm, was present. Mr. White reviewed the comments contained in the discussion outline, and the Public Works staff reviewed with Mr. White and the Committee members the Public Works comments regarding the Flintridge Rd. right-of-way issues and Master Street Plan issues, and the pipestem lot concerns. Mr. white indicated that he would study the concerns and try to address the issues, but indicated that the requested waivers and the variance would probably need to be pursued. The Committee members, after the discussion, forwarded the proposed preliminary plat to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (NOVEMBER 29, 1994) Staff reported that the applicant has produced documentation that, in fact, the Flintridge Rd. right-of-way abutting the property has been dedicated; that, therefore, access to the property is not an issue. Staff reported that the Planning staff supports the other requested waivers (the waiver of street improvement requirements and the waiver to permit the creation of a pipestem lot) and the variance (for the lot depth to width ratio). Staff reported that there are no other issues to resolve. The item, approval of the preliminary plat and a recommendation of approval of the waiver of the street improvement requirement, the waiver to permit the creation of a pipestem lot, and the variance for the lot depth to width ratio, was included on the Consent Agenda for approval, and was approved with the vote of 10 ayes, 0 nays, 1 absent, and 0 abstentions. 5