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HomeMy WebLinkAboutS-1611 Staff AnalysisMay 8, 2008 ITEM NO.: H NAME: Lee Strong Subdivision Replat FILE NO.: S-1611 LOCATION: Located North of West 22"d Street, between Nichols and Wilson Streets DEVELOPER: Lee Strong 1021 Greystone Birmingham, AL .ql IR\/FYnR- Edward Lofton 15415 Oakcrest Lane Little Rock, AR 72204 AREA:.092 acres CURRENT ZONING: PLANNING DISTRICT CENSUS TRACT: NUMBER OF LOTS: 6 R-4, Two Family 11 —1-430 Planning District 24.04 VARIANCESM/AIVERS REQUESTED: FT. NEW STREET: 0 LF 1. A variance to allow the creation of lots with a reduced lot width and a reduced lot area (Section 36-256(d)(4)). 2. A waiver of the Master Street Plan required street right of way dedication for West 22"d Street and a waiver of the required street construction and installation of curb, gutter and sidewalk to the abutting streets including West 22"d, Wilson and Nichols Streets. 3. A waiver of the requirement for the placement of streetlights within the plat area. A. PROPOSAL/REQUEST: The applicant is seeking a replat of three (3) existing single-family lots into six (6) single-family lots. The lots were originally final platted as Lots 1 — 4 and 21 — 24, Block 6, Hicks Interurban Addition. The lots were later replatted into 1, 2 and 4, Block 6, Frank Daley Subdivision. The request is to allow the lots to be replatted into the original configuration of six (6) lots. May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 The applicant is seeking a variance to allow the development of the lots per the R-3, Zoning District. The applicant is seeking a waiver of the required street right of way dedication for West 22nd Street. The applicant is also seeking a waiver of the required street construction to the abutting streets including curb, gutter and sidewalks. B. EXISTING CONDITIONS: The site is vacant, grass covered with a scattering of trees. There a number of new homes in the area currently under construction and recently completed. Immediately north, south and west of the site are new homes. There is a duplex located on Nichols Road to the north of proposed Lots 4A and 4B. The streets in the area are not constructed to Master Street Plan standard and have open ditches for drainage. The area is primarily residential. There are office uses and zoning located to the north of the site along Aldersgate Road near West 18tn Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. All abutting property owners and the John Barrow Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 22nd Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersections of Nichols and 22nd Streets and Wilson and 22nd Streets. 3. Provide design of the street conforming to the Master Street Plan. Construct one-half street improvement to Nichols Street, 22nd Street, and Wilson Street including 5-foot sidewalks. The new back of curb should be 13 feet from centerline. The back of the sidewalk should be placed at the property line. 4. 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). 5. 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. 2 May 8, 2008 SUBDIVISION ITEM NO.: H (Cont. E F G UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: FILE NO.: S-1611 Wastewater: Existing sewer main on site. Easements are required for the replat. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. 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(s). Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. SUBDIVISION COMMITTEE COMMENT: (March 6, 2008) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff stated the property was currently zoned R-4, Two-family district which typically required a minimum lot width of 70-feet and a minimum lot area of 7,000 square feet. Staff also stated the developers were seeking a waiver of the required street right of way dedications and street improvements to the abutting roadways. Mr. Ed Lofton stated the developers desire was to match the existing new construction in the area which had not dedicated right of way nor completed street improvements. Mr. Lofton stated the new home south of West 22"d Street was constructed 25-feet from centerline or 5-feet from the existing property line. He stated West 22"d Street was a short street running three blocks. 3 May 8, 2008 UBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 Staff noted streetlights were required. Mr. Lofton stated the developer was also requesting a waiver of the requirement for streetlight construction. The committee member stated this was an amenity the residents would be willing to pay for. Mr. Lofton stated based on current sales prices the cost of the lights would increase the lot development cost thus increasing the cost of the homes outside the marketable rate. 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 submitted a revised plat to staff addressing most of the issues raised at the March 6, 2008, Subdivision Committee meeting. The request is to allow a replat of three (3) existing single-family lots into six (6) single-family lots. The lots were originally final platted as Lots 1 — 4 and 21 — 24, Block 6, Hicks Interurban Addition. The lots were later replatted into 1, 2 and 4, Block 6, Frank Daley Subdivision. The request is to allow the lots to be replatted into the original configuration of six (6) lots. The applicant is seeking a variance to allow the development of the lots per the R-3, Zoning District. Staff recommends if the plat is approved the applicant file to rezone the property to R-3, Single-family to allow the plat and the lot development standards of the zoning to more closely match. The request includes a waiver of the required street right of way dedication for West 22" d Street. A 25-foot right of way dedication was provided to the City of Little Rock for Nichols and Wilson Streets when the lots were replatted to the Frank Daley Subdivision. Staff is not supportive of the waiver of right of way dedication. The area is seeing new development and new home construction. Staff feels it is important to secure rights of way adequate to meet the typical ordinance standards at the time of platting. The applicant is also seeking a waiver of the required street construction to the abutting streets including curb, gutter and sidewalks. The development is abutted by West 22"d, Nichols and Wilson Streets. The developer has indicated a desire to match the existing street construction in the area which do not have curb, gutter or sidewalk. The developer would typically be required to install 580 linear feet of new paving, curb and gutter for one-half of the abutting streets. The area is developed with open ditches for drainage and the widths of the streets are such that two cars passing is difficult. Staff feels these basic street improvements should be completed with the replatting of the lots and the construction of the six new homes. The developers have indicated they do not desire to place streetlights within the proposed replat area. The developers have indicated no other street in the area contains streetlights and the placement of lights within this area would be out of character. The subdivision ordinance indicates streetlights shall be installed as 4 May 8, 2008 SUBDIVISION M NO.: H (Cont. FILE NO.: 5-1611 with all other basic utilities and infrastructure. Streetlights have become an important amenity to residents in the past few years and staff fields a number of calls from concerned citizens questioning how and when streetlights can be installed within the subdivision or along their street where lights are not currently in place. Staff has a number of concerns related to waivers being requested from the typical ordinance standards associated with the proposed replat. Based on these concerns staff cannot support the request. 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 with a recommendation of denial of the request. Staff stated they were not supportive of the waivers being requested for the right of way dedication, the streetlight installation and the waiver of required street construction. Staff stated they were supportive of allowing the lots to develop per the R-3 standard. Mr. Rocky Herman addressed the Commission as the owner's representative. He stated Mr. Lee Strong began purchasing property in the area 10 years ago and had started redeveloping the area. He stated Mr. Strong had developed 15 new homes in the area. He stated the homes were being built and targeted to low and moderate income families. He stated the area had not been constructed with curb, gutter or sidewalk. He stated the developer was requesting the ability to develop new homes in the area in the same manner as other developers. He stated there was new homes on the southeast and northwest corners of West 22nd and Wilson Streets. He stated these homes were not required right of way dedication or street construction. He stated the new homes were being sold for $135,000 to $140,000. He stated there were night watchers in the area which had been installed by the residents. Mr. Herman provided the Commission with photos of the area providing the new homes recently constructed. The photos also indicated the current street design in the area with narrow pavement and open ditches for drainage. Mr. Ed Lofton, also a representative of the owner, stated he did not see the need for right of way dedication along West 22"d Street. He stated the street was three blocks long and was not indicated as a right of way to continue in either direction. Mr. Lofton stated if the developer constructed the three duplexes the City would not get the streets widened and the number of new residences would net the same. 5 May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 Ms. Sherry Hoover addressed the Commission with concerns. She stated she was supportive of the development of new homes in the area. She stated her concern was with the streets. She stated the streets were chip seal construction with open ditches for drainage. She stated the ditches were clogged with leaves. She stated streetlights were important to the neighborhood. She stated she did not want duplex housing in the area. She stated presently the residences parked in the streets which were very narrow. She stated she felt the lots should be developed with larger yard areas to allow the children a place to play besides the streets. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the applicant had provided the Commission with a number of photos which only reinforced the need for street construction. She stated the larger area was approved for office development which would only generate additional traffic into the area. She stated at some point the City has to require street improvements. She stated it was important to uphold City policy and deal with on going problems in the area and to require street construction at the time of development. Mr. Herman stated he had lived in the area for a number of years and was involved with the City with the CDBG funds. He stated street construction which was a City problem should not be placed on the developers but be placed on the citizens as a whole. He stated the developers desire was to match the existing development pattern already going on in the area. The Commission questioned the existing right of way on West 22"d Street. Staff stated the right of way for Wilson and Nichols was 25-feet from centerline. Staff stated five feet was dedicated when the replat was approved for the Frank Dailey Subdivision. Staff stated the right of way from West 22"d Street was 20 feet from centerline and an additional five feet was being required. Mr. Herman questioned why staff had approved a replat on Aldersgate Road without requiring right of way dedication and street construction. Staff stated they were not familiar with the plat he was speaking of. There was a general discussion concerning the proposed plat and the requested variances. The Commission indicated they were not supportive of the waiver of right of way dedication. Commissioner Rector stated he would support the waiver of the street construction if the developer was willing to place the streetlights and provide the right of way. Staff stated they were not supportive of a waiver but would support phasing the street improvements. Mr. Herman stated he was not able to offer an amendment to the application without the owner stating the amendment was acceptable. The Commission suggested a deferral of the item to allow Mr. Herman to contact Mr. Strong. A motion was made to defer the item to the May 8, 2008, public hearing. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. All May 8, 2008 SUBDIVISION ITEM NO.: H (Cont. STAFF UPDATE: FILE NO.: S-1611 Staff has reviewed the requirement for streetlights in the area. The existing streetlights are adequate to serve the area and no new streetlights will be required as a result of this plat. There have been no other changes to this application request since the previous public hearing. The item was deferred from the Commission's March 27, 2008, public hearing to allow the applicant to contact the owner regarding their desire for right of way dedication, street improvements and the placement of streetlights. PLANNING COMMISSION ACTION: (MAY 8, 2008) Mr. Ed Lofton and Mr. Rocky Herman were present representing the request. Staff presented an overview stating the item was previously deferred to allow the applicant to talk with the owner concerning the right of way dedication and the required street improvements. Staff stated they were no longer requesting the installation of streetlights. Staff stated the streetlights in the area were adequate. Staff noted the streets in the area were narrow and the area was served by open ditches for drainage. Staff stated they were not supportive of allowing a waiver or deferral of the required street construction. Staff also stated they felt the right of way for West 22"d Street should be provided per the Master Street Plan. Mr. Lofton provided the Commission with a survey indicating a 50 foot right of way for West 22"d Street. He stated the developer did not desire to construct the streets nor provide the curb, gutter and sidewalk. Mr. Herman stated the site was previously platted as six lots and was allow for development of three duplexes. He stated the previous owners had replatted the site into three lots. He stated the desire was to return the land to the original configuration. Ms. Ruth Bell addressed the Commission. She stated the League of Women Voters felt development should be assessed fairly. She stated noting had changed from the previous public hearing. She stated development was assessed street construction at the time of platting through out the City. She stated the Commission was charged with applying the rules equitably and the developers should complete the improvements and dedicated the required right of way at the time of development. The Commission questioned staff as to the applicants rights for construction as the lots were currently platted. Staff stated the owners could build duplexes without completing any street improvements. Staff stated development on existing platted lots did not trigger the boundary street ordinance. There was a general discussion by the Commission concerning the applicants request and the waiver of street improvements desired. The Commission indicated the request 7 May 8, 2008 SUBDIVISION ITEM NO.: H (Cont. FILE NO.: S-1611 was similar to a previous application on the current agenda and there was a great need to impose the boundary street ordinance consistently. A motion was made to approve the request as filed. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. ITEM NO.: 6. NAME: Lee Strong Subdivision Replat S-1611 LOCATION: located North of West 22nd Street, between Nichols and Wilson Streets Planning 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. 2. The property is currently zoned R-4 which typically requires a minimum lot size of 7,000 square feet and a minimum lot width of 70-feet. Neighborhood Associations Notified — John Barrow Neighborhood Association Variance/Waivers: A variance to allow the creation of lots with a reduced lot width and a reduced lot area (Section 36-256(d)(4)). Public Works Conditions: 1. 22nd Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersections of Nichols and 22nd Streets and Wilson and 22nd Streets. 3. Provide design of the street conforming to the Master Street Plan. Construct one- half street improvement to Nichols Street, 22nd Street, and Wilson Street including 5-foot sidewalks. The new back of curb should be 13 feet from centerline. The back of the sidewalk should be placed at the property line. 4. 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). 5. 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: Existing sewer main on site. Easements are required for the replat. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Item # 6. Entergy: No comment received. 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(s). 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 # 6.