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HomeMy WebLinkAboutS-1610 Staff Analysisi May 8, 2008 ITEM NO.: D FILE NO.: S-1610 NAME: Carter Combination Preliminary Final Plat LOCATION: Located at 11712 Stagecoach Road DEVELOPER: Mark Carter 23201 1-30 Bryant, AR 72022 ENGINEER: Hope Engineers 322 North Market Street Benton, AR 72015 AREA: 2.638 acres CURRENT ZONING: PLANNING DISTRICT CENSUS TRACT: NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF C-3, General Commercial District 16 — Otter Creek Planning District 42.08 VARIANCES/WAIVERS REQUESTED: 1. A deferral of the required street improvements for Tract A until redevelopment of the tract (Section 31-397). A. PROPOSAL/REQUEST: The property was illegally subdivided in 1999 by the previous owner. The subdivision created two tracts with Tract A containing 1.61 acres and Tract B containing 1.01 acres. The applicant is seeking recognition of the two tracts through the combined preliminary and final plat process as established by the Subdivision Ordinance. The applicant is seeking a deferral of the required street improvements adjacent to Tract A until such time Tract A is redeveloped. The applicant has indicated improvements will be completed to Tract B and no improvements are proposed within the area located adjacent to the floodway. The floodway area will be dedicated to the City. May 8, 2008 SUBDIVISION ITEM NO.: D [Cont.] FILE NO.: S- B. EXISTING CONDITIONS: The site contains a commercial building wrapped with a hard surface parking area located on proposed Tract A and proposed Tract B is grass covered. To the south of the site is a large manufactured home park and to the west is a mixture of uses including residential, commercial and office uses. There is a property zoned PID to the west, which was recently approved to allow the construction of an office -warehouse development and further west is the Saline County line. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. All abutting property owners and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Provide a certified survey showing the accurate placement of the floodway delineation. 2. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. 3. Remove brick, mortar, and other debris from floodway on your property prior to approval of final plat. Per City code, the floodway must be kept free of encroachments by structures, fill material, debris, or fences. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Stagecoach Road including 5-foot sidewalks with the planned development. These requirements apply to Tract A and Tract B. If the subject property is adjacent to the bridge structure, the property owner is also responsible for improvements to the initial fifteen (15) feet of span length of the bridge. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access centered on the property line. The width of driveway must not exceed 36 feet. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 2 May 8, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: 5-1610 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main located on the property. Easements are required for approval of the final plat. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: A 15-foot right of way is required where the road widening will occur. Contact Entergy for additional information. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUESITECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. 3 May 8, 2008 SUBDIVISION ITEM NO.: D Cont. FILE NO.: 5-1610 G. SUBDIVISION COMMITTEE COMMENT: (March 6, 2008) Mr. Mark Carter was present representing the request. Staff presented an overview of the request stating the applicant was seeking approval to legitimize an illegal subdivision which had occurred approximately seven to eight years ago by the former owner. Public Works comments were addressed. Staff stated street improvements per the Master Street Plan and the Boundary Street Ordinances would be required. Staff also stated if the property was located adjacent to the bridge structure then improvements to the bridge for the first 15 feet would be required. Staff stated the driveway locations and widths were required to comply with Sections 30-43 and 31-210 of the City of Little Rock code. Staff stated the two (2) properties were required to share a driveway centered on the property line. Staff noted floodways were required to be shown as easements or be dedicated to the City. Staff also stated a 25 foot access easement was required adjacent to the floodway. There was a general discussion concerning the proposed street improvements and the cost of the bridge structure. Staff noted an in -lieu payment would be required and not actual construction of the bridge. Staff stated if improvements were not completed within 10 years the applicant's money would be returned with interest. Staff stated it was important for the applicant's engineer to provide the location of the bridge structure on the proposed plat. Staff noted comments from the various other reporting departments and agencies. Staff suggested the applicant contact these agencies directly for additional information. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has provided staff with an updated plat based on comments received at the March 6, 2008, Subdivision Committee meeting. The applicant has located the bridge structure on the revised plat and indicated the area adjacent to the floodway as a separate tract to be dedicated to the City. -The developer is seeking approval to allow street construction adjacent to Tract B and a deferral of the improvements adjacent to Tract A until such time as Tract A is redeveloped. The developer is requesting a waiver of the required street improvements adjacent to the floodway, the area to be dedicated to the City. The applicant has indicated the drives will be shared between Tracts A and B. Per the Boundary Street Ordinance requirements the property owner is responsible for improvements to the initial fifteen (15) feet of span length of the bridge. The developer is seeking a waiver of this requirement. According to the 0 May 8, 2008 SUBDIVISION ITEM NO.: D (Cont. developer the cost of the street improvements and the construction of the bridge far exceeds the current value of the land. Unlike several of the application types platting does not contain a hardship clause. Staff is not supportive of the waiver request nor the request for a deferral of the street improvements adjacent to Tract A. Staff feels the developer should provide the in -lieu contribution as typically required per the Boundary Street ordinance for the bridge structure and construct the street improvements adjacent to Tracts A and B. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating based on the issues raised at the March 6, 2008, Subdivision Committee meeting staff recommended the item be deferred to the May 8, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval of the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MAY 8, 2008) Mr. Mark Carter was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of denial of the request. Mr. Carter stated his desire was to develop the site with a new building. He stated the subdivision was created illegally by the previous owner's nine years ago. He stated he purchased the property as two lots and intended to develop the site with a new commercial building. He stated once applying for a building permit it was brought to his attention the illegal subdivision had occurred. He stated based on conversations with staff it had been stated if the illegal subdivision was over 10 years the City ignored the issue. He stated the property was zoned C-3 and he was planning to build a commercial building 5,000 to 6,000 square feet for a tenant finish out. He stated he did not desire to construct improvements adjacent to Tract C or participate in the cost of construction of the bridge. He stated he would dedicate to the City the area indicated as Tract C which was the floodway. He stated he was requesting a deferral of the required improvements adjacent to Tract A where the existing building was located. He stated the improvements to Tract B would be completed at the time of building permit for the new commercial building. Mr. Cater stated the street improvements adjacent to Tract A would result in the loss of a portion of the existing building. Mr. Cater stated the cost of the improvements vs. the cost of the land did not allow for the improvements. 5 May 8, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: 5-161 a He stated if he were required to complete the improvements he would not be able to build the new building. There was a general discussion between the Commission, staff and the applicant concerning the cost of improvements and the need for the improvements. Staff stated the improvements to the street would not cause the removal of a portion of the existing building. Staff stated with the right of way dedication and street construction there would still be 10 feet from the corner of the building to the new property line. Staff stated the boundary street ordinance and the subdivision ordinance both required improvements to be installed prior to the issuance of a final plat. Staff stated they were not supportive of the deferral of improvements. There was a general discussion of the various options. It was noted the site was located on a State Highway and was slated for future widening. Staff stated they did not know the existing time frame for widening. Commissioner Yates noted the site did contain sufficient area to demolish the existing building and allow construction of a larger project on the site. The Commission noted the application request stating the request was a waiver of the required contribution for the bridge construction, waiver of the street improvements adjacent to Tract C and a deferral of the improvements adjacent to Tract A until such time as redevelopment. Commissioner Yates noted there was no trigger other than redevelopment if the deferral request. A motion was made to approve the request as stated. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. ITEM NO.: 5. S-1610 NAME: Carter Combination Preliminary Final Plat LOCATION: located at 11712 Stagecoach Road Plannina Staff Comments: 1. Provide notification of abutting property owners of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than March 12, 2008. The Office of Planning and Development must receive the proof of notice no later than March 21, 2008. Neiahborhood Associations Notified — Southwest Little Rock United for Progress Variance/Waivers: 1. A deferral of the required street improvements for Tract A until redevelopment of the tract (Section 31-397). Public Works Conditions: 1. Provide a certified survey showing the accurate placement of the floodway delineation. 2. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 3. Remove brick, mortar, and other debris from floodway on your property prior to approval of final plat. Per City code, the floodway must be kept free of encroachments by structures, fill material, debris, or fences. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Stagecoach Road including 5-foot sidewalks with the planned development. These requirements apply to Tract A and Tract B. If the subject property is adjacent to the bridge structure, the property owner is also responsible for improvements to the initial fifteen (15) feet of span length of the bridge. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access centered on the property line. The width of driveway must not exceed 36 feet. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Item # 5. Engineering at (501) 379-1805 (Travis Herbner). 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10.Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. Utilities and Fire Department/County Planning: Wastewater: Sewer main located on the property. Easements are required for approval of the final plat. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: A 15-foot right of way is required where the road widening will occur. Contact Entergy for additional information. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division: No comment. Landscape: No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, March 12, 2008. Item # 5.