HomeMy WebLinkAboutS-1665 Staff AnalysisITEM NO.: 3. S-1665
NAME: Wildwood Ridge Addition Preliminary Plat
LOCATION: located on the West side of Gordon Road and South of Chenal Valley
Drive
Plannina Staff Comments:
Provide notification of property owners located within 200-feet 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 February 23, 2011. The Office of
Planning and Development must receive the proof of notice no later than March 4,
2011.
2. Provide staff with documentation indicating the right of way for Gordon Road was not
previously abandoned.
3. Will there be a variance requested to allow an increased fence height adjacent to the
public street?
4. Provide details of the proposed subdivision identification sign. (Ordinance allows one
sign six feet in height and thirty-two square feet in area.)
Variance/Waivers:
1. A variance from Section 31-256 to allow a front building line on a residential lot of
twenty (20) feet.
2. A variance from Section 36-254(2) to allow side yard setback on each side of the lot
at five (5) feet.
3. Fence height variance?
Public Works Conditions:
1. With site development, provide the design of street conforming to the Master Street
Plan. Construct one-half street improvement to Gordon Road including 5-foot
sidewalks with the planned development adjacent to the proposed development.
The street improvements should be made on Gordon Road to Chenal Valley Drive to
meet residential street standards. The proposed street infrastructure accessing the
subdivision is substandard. The current street width is 18 feet.
2. With site development, provide the design of street conforming to the Master Street
Plan. Construct street improvements to all streets within the subdivision to
residential street standards including 5-foot sidewalks with the planned
development.
3. A permanent turnaround must be provided at the southern end of Gordon Road.
The turn around should be at least 80 feet in length and the same width as the
street. Instead of a turnaround, the street can be terminated with curb and gutter at
Meadow View Drive. If the right-of-way is determined not be abandoned and the
applicant desires to construct curb and gutter across Gordon Road, a petition will be
required to be submitted to the City of Little Rock, Planning Department to abandon
Item # 3
that part of the right-of-way.
4. Stormwater detention ordinance applies to this property. Detention locations are
being shown. During the grading and drainage plan review process, calculations
must be provided showing the stormwater going to the proposed detention facilities
is of sufficient volume for the entire
5. 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).
6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior
to any land clearing or grading activities at the site. Other than residential
subdivisions, site grading and drainage plans must be submitted and approved prior
to the start of construction. Is a variance being requested for advanced grading
beyond Phase 1?
7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from
the Arkansas Department of Environmental Quality prior to the start of construction.
8. Sidewalks with appropriate handicap ramps are required in accordance with Section
31-175 of the Little Rock Code and the Master Street Plan.
9. Street Improvement plans shall include signage and striping. Traffic Engineering
must approve completed plans prior to construction.
10. Stormwater detention ordinance applies to this property. Detention locations are
being shown. During the grading and drainage plan review process, calculations
must be provided showing the stormwater entering the proposed detention facilities
is of sufficient volume for the entire subdivision.
11. Damage to public and private property due to hauling operations or operation of
construction related equipment from a nearby construction site shall be repaired by
the responsible party prior to issuance of a certificate of occupancy.
12. If subdivision is proposed to be private, no residential waste collection service will be
provided on private streets unless the property owners association provides a waiver
of damage claims for operations on private property.
13.Temporary turn arounds must be provided at the end of Summershade Drive as the
phased construction is completed for City and emergency vehicle turnaround. The
turn arounds must provide at least 80 feet in length or diameter for vehicle
maneuvering and the same width as the street.
14. City records show Gordon Road right-of-way to be abandoned or is no longer public
and is not maintained by the City of Little Rock. Is the applicant requesting to
dedicate the Gordon Road private right-of-way or access easement to Chenal Valley
Drive to the City of Little Rock? With current conditions, public streets are shown to
gain access from a private street. With Gordon Road being private, access to public
streets could be denied by the owner(s) of Gordon Road and damage could occur to
Gordon Road by City vehicles accessing the public streets for service.
15. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e).
Show 100-year stormwater overflow path through the subdivision.
16.A traffic circle should be provided at Summershade Drive and Meadow View Drive
for traffic calming.
Utilities and Fire Department/County Planning:
Wastewater: Sewer main extension required, with easements, for this project.
Contact Little Rock Wastewater utility for additional information.
Item # 3.
Entergy: Approved as submitted.
Center -Point Energy: Approved as submitted.
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. A water main extension will be needed to
provide water service to this property. Please submit plans for water facilities to Central
Arkansas Water for review. Plan revisions may be required after additional review.
Contact Central Arkansas Water regarding procedures for installation of water facilities.
Approval of plans by Central Arkansas Water, the Arkansas Department of Health
Engineering Division and the Little Rock Fire Department is required. This development
will have minor impact on the existing water distribution system. Proposed water
facilities will be sized to provide adequate pressure and fire protection. Additional fire
hydrant(s) will be required. Contact the Little Rock Fire Department to obtain
information regarding the required placement of the hydrant(s) and contact Central
Arkansas Water regarding procedures for installation of the hydrant(s). A Capital
Investment Charge based on the size of meter connection(s) will apply to this
development in addition to normal charges.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: No comment.
Parks and Recreation: No comment.
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, February 23, 2011.
Item # 3.
March 10, 2011
ITEM NO.: 3 FILE NO.: S-1665
NAME: Wildwood Ridge Addition Preliminary Plat
LOCATION: Located on the West side of Gordon Road and South of Chenal Valley
Drive
DEVELOPER:
Wildwood Partners, LLC
P.O. Box 242146
Little Rock, AR 72223
�niriniFFR•
Thomas Engineering Co
Attn: Thomas Pownall
3810 Lookout Road
North Little Rock, AR 72116
AREA: 27.78 acres NUMBER OF LOTS: 85 FT. NEW STREET: 3472 LF
CURRENT ZONING. R-2, Single-family
PLANNING DISTRICT: 19 - Chenal
CENSUS TRACT: 42.11
VARIANCESMAIVERS REQUESTED:
1. A variance from Section 31-256 to allow a front building line on a residential lot of
twenty (20) feet.
2. A variance from Section 36-254(2) to allow side yard setback on each side of the lot
at five (5) feet.
3. A variance from Section 36-551 to allow an increased size of the proposed
subdivision identification sign.
4. A variance from the City's Land Alteration Ordinance to allow grading of a portion of
Phase 11 with the development of Phase I.
March 10, 2011
SUBDIVISION
ITEM NO.: 3 f Cont.) FILE NO.: S-1665
A. PROPOSALIREQUEST/APPLICANT'S STATEMENT:
The developer is requesting preliminary plat approve for a subdivision containing
27.78 acres and 85 single-family residential lots. The lots are proposed with a
minimum and average lot size of 60-feet by 130-feet. The lots are proposed with
a variance from the City's Subdivision Ordinance to allow a reduced front building
line and a reduced side yard setback. The front building line is proposed at
20-feet and the side yard setbacks are proposed at 5-feet. The development is
proposed in two (2) phases. The first phase will include the development of Lots
1 — 10 Block 3 and Lots 1 — 8 Blocks 1 and 2 and Lots 1 — 16 Block 4.
The request includes variances to allow an increase size for the subdivision
identification sign and to allow grading of a portion of Phase II with the
development of Phase I of the subdivision. The request also includes the right of
way abandonment for the portion of Gordon Road adjacent to Lot 1 Block 4.
B. EXISTING CONDITIONS:
The site is densely wooded located south of Chenal Valley Drive. Access to the
site is via a narrow drive extending from Chenal Valley Drive. There is a single-
family home, also access from this drive, located to the east of the proposed plat
area. South of the plat area is a developing single-family subdivision.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a several informational phone calls from area
property owners. A few of the callers have indicated opposition to the proposed
subdivision. All abutting property owners of the site and the Coalition of West
Little Rock Neighborhoods were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. With site development, provide the design of the street conforming to the
Master Street Plan. Construct one-half street improvement to Gordon Road
including 5-foot sidewalks with the planned development adjacent to the
proposed development. The street improvements should be made on
Gordon Road to Chenal Valley Drive to meet residential street standards.
The proposed street infrastructure accessing the subdivision is
substandard. The current street width is 18 feet.
2
March 10, 2011
SUBDIVfSION
ITEM NO.: 3 (Cont.
FILE NO.- S-1655
2. With site development, provide the design of street conforming to the
Master Street Plan. Construct street improvements to all streets within the
subdivision to residential street standards including 5-foot sidewalks with
the planned development.
3. A permanent turnaround must be provided at the southern end of Gordon
Road. The turn around should be at least 80 feet in length and the same
width as the street. Instead of a turnaround, the street can be terminated
with curb and gutter at Meadow View Drive. If the right-of-way is
determined not be abandoned and the applicant desires to construct curb
and gutter across Gordon Road, a petition will be required to be submitted
to the City of Little Rock, Planning Department to abandon that part of the
right-of-way.
4. Stormwater detention ordinance applies to this property. Detention
locations are being shown. During the grading and drainage plan review
process, calculations must be provided showing the stormwater going to the
proposed detention facilities is of sufficient volume for the entire
development.
5. 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).
6. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction. A variance is
being requested for advanced grading within the Phase II portion of the
development with construction of the Phase I portion.
7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
8. Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
9. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
10. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
3
March 10, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1665
11. If the subdivision is proposed to be private, no residential waste collection
service will be provided on private streets unless the property owners
association provides a waiver of damage claims for operations on private
property.
12. Temporary turn arounds must be provided at the end of Summershade
Drive as the phased construction is completed for City and emergency
vehicle turnaround. The turn arounds must provide at least 80 feet in length
or diameter for vehicle maneuvering and the same width as the street.
13. City records show Gordon Road right-of-way to be abandoned or is no
longer public and is not maintained by the City of Little Rock. Is the
applicant requesting to dedicate the Gordon Road private right-of-way or
access easement to Chenal Valley Drive to the City of Little Rock? With
current conditions, public streets are shown to gain access from a private
street. With Gordon Road being private, access to public streets could be
denied by the owner(s) of Gordon Road and damage could occur to Gordon
Road by City vehicles accessing the public streets for service.
14. Provide a Sketch Grading and Drainage Plan as required per Section
29-186 (e). Show 100-year stormwater overflow path through the
subdivision.
15. A traffic circle should be provided at Summershade Drive and Meadow View
Drive for traffic calming.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project.
Contact Little Rock Wastewater utility for additional information.
Entergy: Approved as submitted.
Center -Point Energ : Approved as submitted.
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. A water main extension will be
needed to provide water service to this property. Please submit plans for water
facilities to Central Arkansas Water for review. Plan revisions may be required
after additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities. Approval of plans by Central Arkansas Water,
the Arkansas Department of Health Engineering Division and the Little Rock Fire
Department is required. This development will have minor impact on the existing
water distribution system. Proposed water facilities will be sized to provide
11
March 10, 2011
SUBDIVISION
ITEM NO.: 3 (Co
FILE NO.: S-1665
adequate pressure and fire protection. Additional fire hydrant(s) will be required.
Contact the Little Rock Fire Department to obtain information regarding the
required placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s). A Capital Investment
Charge based on the size of meter connection(s) will apply to this development in
addition to normal charges.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: No comment.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscap : No comment.
G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011)
Mr. Graham Smith and Mr. Thomas Pownall of Thomas Engineering were
present representing the request. Staff presented an overview of the
development stating there were a number of outstanding technical issues
associated with the request in need of addressing prior to the Commission acting
on the request. Staff stated the right of way for Gordon Road appeared to have
been previously abandoned. Staff stated the developer was meeting with the
City Attorney to determine if the right of way access to the site was abandoned or
was still in place. Staff noted a number of items which would need to be included
on the revised preliminary plat to complete the review process.
Public Works comments were addressed. Staff questioned if advanced grading
was being requested for the development. Mr. Pownall stated the developer
would grade off site to allow detention for the Phase I portion of the development.
He also stated some grading would occur to allow the proper turn -around as
requested by Public Works staff. Mr. Pownall noted the streets would be
constructed as public streets.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
5
March 10, 2011
SUBDIVISION
ITEM NO.: 3 Cont. FILE NO.: S-1665
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 preliminary plat to staff addressing the
technical issues associated with the request. The applicant has indicated a small
amount of grading will take place within the Phase II portion of the development
with the development of the Phase I portion of the subdivision. The applicant has
indicated the areas to be advanced graded are within the proposed detention
areas and to allow for the proper turn -around on Summershade Drive. The
advanced grading will require a variance from the City's Land Alteration
Ordinance.
The applicant has also indicated a subdivision identification sign six (6) feet in
height and ten (10) feet wide will be placed at the entrance to the subdivision.
The Subdivision Ordinance typically allows the placement of a subdivision
identification sign six (6) feet in height and thirty-two (32) square feet in area.
The sign size as proposed will require a variance from the City's Zoning
Ordinance.
The applicant is requesting approval of a preliminary plat for a parcel containing
27.776 acres and 85 lots. The development is proposed with an overall density
of 3.06 units per acres. The proposed plat indicates two variance requests from
the typical lot development standards of the Subdivision Ordinance. The front
building setback per Section 31-256 is 25-feet. The applicant is requesting to be
allowed a front building line of twenty (20) feet. A variance from Section
36-254(2) to allow side yard setback on each side of the lot at five (5) feet is also
requested. The ordinance typically requires the placement of a side setback of
ten (10) percent of the lot width not to exceed eight (8) feet for R-2, Single-family
zoned property.
The request also includes the right of way abandonment for the portion of
Gordon Road adjacent to Lot 1 Block 4. The applicant has not provided staff with
approval from the various utilities as to the abandonment request. The
abandonment will be addressed as a separate item from the proposed
preliminary plat.
Ordinance No. 18,431 adopted by the Little Rock Board of Directors on February
20, 2001, vacated and closed a portion of Gordon Road between Gordon Road
and Chenal Valley Drive. The ordinance states abutting owners of record,
receiving title to the abandoned right of way and easements shall at their cost
remove all vestiges of public use and access as may exist; such modifications
were to include the entrances on both ends of the abandoned right of way and
A
March 10, 2011
SUBDIVISION
ITEM NO.: 3 [Cont.
FILE NO.: S-166 5
easement is to be offset and/or rebuilt to conform to the standard driveway
design as required by Little Rock, Ark. Revised Code Section 30-26-50(1988)
and the edge of pavement of the right of way is to be rebuilt to conform to
existing conditions in the general vicinity where the abandoned right of way and
easement intersects with the remaining public right of way. Chapter 30 states all
driveways into private property must be concrete from the street curbline to the
property line on approved grades. Single and two-family driveways may be
constructed of asphalt except where there is a sidewalk adjacent to the property.
In such cases the driveway is to be concrete to the back edge of the sidewalk.
The connection of the former Gordon Road right of way has been constructed as
required by the ordinance for residential drives.
The City Attorney's office has reviewed this ordinance and their opinion is that
the portion of Gordon Road that lies to the east of property now owned by
Graham Smith was properly abandoned by City ordinance (Ordinance No.
18,431) after a public hearing. The City has taken subsequent steps in accord
with the abandonment and nothing has occurred subsequently to make the
former Gordon Road property a street dedicated to the public.
In addition Chenal Valley Drive was laid out and constructed based on this
access being a driveway and not a dedicated City street. At this location the
minimum sight distance is not adequate to meet minimum sight distance
requirements of the Master Street Plan for a street in the City of Little Rock. The
development is proposed with a minimum of 85 residential lots. Based on typical
traffic patterns residential lots typically generate a minimum of ten trips per lot per
day. The development would generate a minimum of 850 vehicle trips per day
utilizing this access. The intersection sight distance is 266 feet. AASHTO Green
Book Standards requires an intersection sight distance of 500 feet for a street
with vehicles traveling 45 mph.
The Subdivision Ordinance states every lot shall abut upon a public street,
except where private streets are explicitly approved by the Planning Commission.
The Master Street Plan states local streets should be developed with a minimum
right of way of 50-feet and a minimum paving width of 26-feet. Sidewalks are
required on one -side of the street. The service volume of a local street is
2,500 vehicle trips. The Subdivision Ordinance states private streets are to be
built to public street standard. In some instances one side of the street is
developed prior to the development of the other side. In these cases the
minimum paving width typically allowed is 20-feet. Although very substandard,
this minimum pavement width allows for two cars to pass and allows for City
services to be provided. The access/driveway to this site does not meet this
typical minimum standard.
7
March 10, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.
FILE NO.: S-1665
Based on the City Attorney's opinion that Gordon Road is no longer a public right
of way and the applicant cannot provide adequate access to serve the proposed
subdivision staff cannot support the preliminary plat request.
STAFF RECOMMENDATION:
Staff recommends denial of the preliminary plat as filed.
PLANNING COMMISSION ACTION: (MARCH 10, 2011)
Mr. Graham Smith and Mr. Don Eilbott were present representing the request. There
were no registered objectors present. Staff presented the item with a recommendation
of denial.
Mr. Smith addressed the Commission on the merits of his request. He stated his
company had purchased a 40-acre parcel and was proposing to develop the site as a
single-family subdivision. He stated staff had raised concerns related to access and
sight distances. He stated he felt the right of way for Gordon Road was open. He
stated the sight distance should not be an issue. He stated the road was constructed as
a collector street in 2000. He stated the speed for a collector street was 30 mph.
Chairman Ferstl questioned Deputy City Attorney Cindy Dawson as what the
Commission was to review. Ms. Dawson stated official City records included a
four -page document indicating the road was closed. She stated something different
was filed at the Circuit Clerk's office but the text of the ordinance clearly stated to see
Exhibit A. She stated it was clear the road was closed by ordinance. She stated the
City had allowed a subdivision to be created and platted over the former right of way.
She stated she nor the Commission had the authority to over ride a City ordinance.
There was a general discussion by the Commission as to the closing of Gordon Road
and land locking property. Ms. Dawson stated the property was not land locked. She
stated the property had access through a prescriptive easement along the eastern
boundary. She stated although it was not practice there were cases where City streets
signs were placed on driveways.
The Commission questioned Mr. Smith as to when he purchased the property. He
stated his company closed on the property in January of 2011. He questioned why the
City would allow the construction of Chenal Valley Drive in a manner that would land
lock a parcel.
Mr. Don Elibott addressed the Commission. He stated he felt the difference was in
interpretation of the ordinance. He stated it was clear that what was abandoned was
from Chenal Valley Drive to Chenal Valley Drive. He stated nothing south of Chenal
March 10, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1665
Valley Drive was abandoned. He stated the City only recorded ordinances, which
affected real estate. He stated these ordinances were filed with the Circuit Clerk. He
stated the clear way to see if property owners consented to the abandonment was to
look at the file. He stated there was no file.
The Commission questioned if there was a mechanism to allow land locked parcels to
be provided with access. Mr. Eilbott stated there was a process. He stated the process
involved the County Judge and involved payment for access. He stated his client had
access on Gordon Road, which was a public street.
Ms. Dawson stated once again the property was not land locked but did not have proper
access for a subdivision. She stated there were concerns with allowing the subdivision
to take access at this location due to sight distance concerns. She stated the
Commission did not have the authority to over ride a City Ordinance.
The Chair entertained a motion for approval of the item. The motion carried by a vote of
6 ayes, 4 noes, 0 absent and 1 recusal (Commissioner Pierce).
9
March 10, 2011
ITEM NO_- 3
NAME: Wildwood Ridge Addition Preliminary Plat
FILE NO.- S-1-665
LOCATION: Located on the West side of Gordon Road and South of Chenal Valley
Drive
DEVELOPER:
Wildwood Partners, LLC
P.O. Box 242146
Little Rock, AR 72223
r:nl(,InIFFR-
Thomas Engineering Co
Attn: Thomas Pownall
3810 Lookout Road
North Little Rock, AR 72116
AREA: 27.78 acres
CURRENT ZONING
PLANNING DISTRICT:
CENSUS TRACT
NUMBER OF LOTS: 85
R-2, Single-family
19 - Chenal
42.11
VARIANCES/WAIVERS REQUESTED:
FT, NEW STREET: 3472 LF
1. A variance from Section 31-256 to allow a front building line on a residential lot of
twenty (20) feet.
2. A variance from Section 36-254(2) to allow side yard setback on each side of the lot
at five (5) feet.
3. A variance from Section 36-551 to allow an increased size of the proposed
subdivision identification sign.
4. A variance from the City's Land Alteration Ordinance to allow grading of a portion of
Phase 11 with the development of Phase I.
March 10, 2011
SUBDIVISION
ITEM NO.: 3 Cont. FILE NO.: S-166
A. PRO POSAUREQUESTIAPPLICANT'S STATEMENT:
The developer is requesting preliminary plat approve for a subdivision containing
27.78 acres and 85 single-family residential lots. The lots are proposed with a
minimum and average lot size of 60-feet by 130-feet. The lots are proposed with
a variance from the City's Subdivision Ordinance to allow a reduced front building
line and a reduced side yard setback. The front building line is proposed at
20-feet and the side yard setbacks are proposed at 5-feet. The development is
proposed in two (2) phases. The first phase will include the development of Lots
1 — 10 Block 3 and Lots 1 — 8 Blocks 1 and 2 and Lots 1 — 16 Block 4.
The request includes variances to allow an increase size for the subdivision
identification sign and to allow grading of a portion of Phase II with the
development of Phase I of the subdivision. The request also includes the right of
way abandonment for the portion of Gordon Road adjacent to Lot 1 Block 4.
B. EXISTING CONDITIONS:
The site is densely wooded located south of Chenal Valley Drive. Access to the
site is via a narrow drive extending from Chenal Valley Drive. There is a single-
family home, also access from this drive, located to the east of the proposed plat
area. South of the plat area is a developing single-family subdivision.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a several informational phone calls from area
property owners. A few of the callers have indicated opposition to the proposed
subdivision. All abutting property owners of the site and the Coalition of West
Little Rock Neighborhoods were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
With site development, provide the design of the street conforming to the
Master Street Plan. Construct one-half street improvement to Gordon Road
including 5-foot sidewalks with the planned development adjacent to the
proposed development. The street improvements should be made on
Gordon Road to Chenal Valley Drive to meet residential street standards.
The proposed street infrastructure accessing the subdivision is
substandard. The current street width is 18 feet.
K,
March 10, 2011
Cyr TNU1zCTil\I
ITEM NO.: 3 (Cont.) FILE NO.: S-166
2. With site development, provide the design of street conforming to the
Master Street Plan. Construct street improvements to all streets within the
subdivision to residential street standards including 5-foot sidewalks with
the planned development.
3. A permanent turnaround must be provided at the southern end of Gordon
Road. The turn around should be at least 80 feet in length and the same
width as the street. Instead of a turnaround, the street can be terminated
with curb and gutter at Meadow View Drive. If the right-of-way is
determined not be abandoned and the applicant desires to construct curb
and gutter across Gordon Road, a petition will be required to be submitted
to the City of Little Rock, Planning Department to abandon that part of the
right-of-way.
4. Stormwater detention ordinance applies to this property. Detention
locations are being shown. During the grading and drainage plan review
process, calculations must be provided showing the stormwater going to the
proposed detention facilities is of sufficient volume for the entire
development.
5. 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).
6. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction. A variance is
being requested for advanced grading within the Phase II portion of the
development with construction of the Phase I portion.
7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
8. Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
9. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
10. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
3
March 10, 2011
5u6DIVISION
M NO.: 3 Cont. FILE NC.: S-1665
11. If the subdivision is proposed to be private, no residential waste collection
service will be provided on private streets unless the property owners
association provides a waiver of damage claims for operations on private
property.
12. Temporary turn arounds must be provided at the end of Summershade
Drive as the phased construction is completed for City and emergency
vehicle turnaround. The turn arounds must provide at least 80 feet in length
or diameter for vehicle maneuvering and the same width as the street.
13. City records show Gordon Road right-of-way to be abandoned or is no
longer public and is not maintained by the City of Little Rock. Is the
applicant requesting to dedicate the Gordon Road private right-of-way or
access easement to Chenal Valley Drive to the City of Little Rock? With
current conditions, public streets are shown to gain access from a private
street. With Gordon Road being private, access to public streets could be
denied by the owner(s) of Gordon Road and damage could occur to Gordon
Road by City vehicles accessing the public streets for service.
14. Provide a Sketch Grading and Drainage Plan as required per Section
29-136 (e). Show 100-year stormwater overflow path through the
subdivision.
15. A traffic circle should be provided at Summershade Drive and Meadow View
Drive for traffic calming.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project.
Contact Little Rock Wastewater utility for additional information.
Enter : Approved as submitted.
Center -Point Energy: Approved as submitted.
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. A water main extension will be
needed to provide water service to this property. Please submit plans for water
facilities to Central Arkansas Water for review. Plan revisions may be required
after additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities. Approval of plans by Central Arkansas Water,
the Arkansas Department of Health Engineering Division and the Little Rock Fire
Department is required. This development will have minor impact on the existing
water distribution system. Proposed water facilities will be sized to provide
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March 10, 2011
SUBDIVISION
ITEM NO.: 3(Cont.)FILE NO.: S-1665
adequate pressure and fire protection. Additional fire hydrant(s) will be required.
Contact the Little Rock Fire Department to obtain information regarding the
required placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s). A Capital Investment
Charge based on the size of meter connection(s) will apply to this development in
addition to normal charges.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: No comment.
Parks and Recreation: No comment.
F. 1 SS UES/TECHN ICALIDESI GN :
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011)
Mr. Graham Smith and Mr. Thomas Pownall of Thomas Engineering were
present representing the request. Staff presented an overview of the
development stating there were a number of outstanding technical issues
associated with the request in need of addressing prior to the Commission acting
on the request. Staff stated the right of way for Gordon Road appeared to have
been previously abandoned. Staff stated the developer was meeting with the
City Attorney to determine if the right of way access to the site was abandoned or
was still in place. Staff noted a number of items which would need to be included
on the revised preliminary plat to complete the review process.
Public Works comments were addressed. Staff questioned if advanced grading
was being requested for the development. Mr. Pownall stated the developer
would grade off site to allow detention for the Phase I portion of the development.
He also stated some grading would occur to allow the proper turn -around as
requested by Public Works staff. Mr. Pownall noted the streets would be
constructed as public streets.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
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March 10, 2011
SUB i )IVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1665
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 preliminary plat to staff addressing the
technical issues associated with the request. The applicant has indicated a small
amount of grading will take place within the Phase II portion of the development
with the development of the Phase I portion of the subdivision. The applicant has
indicated the areas to be advanced graded are within the proposed detention
areas and to allow for the proper turn -around on Summershade Drive. The
advanced grading will require a variance from the City's Land Alteration
Ordinance.
The applicant has also indicated a subdivision identification sign six (6) feet in
height and ten (10) feet wide will be placed at the entrance to the subdivision.
The Subdivision Ordinance typically allows the placement of a subdivision
identification sign six (6) feet in height and thirty-two (32) square feet in area.
The sign size as proposed will require a variance from the City's Zoning
Ordinance.
The applicant is requesting approval of a preliminary plat for a parcel containing
27.776 acres and 85 lots. The development is proposed with an overall density
of 3.06 units per acres. The proposed plat indicates two variance requests from
the typical lot development standards of the Subdivision Ordinance. The front
building setback per Section 31-256 is 25-feet. The applicant is requesting to be
allowed a front building line of twenty (20) feet. A variance from Section
36-254(2) to allow side yard setback on each side of the lot at five (5) feet is also
requested. The ordinance typically requires the placement of a side setback of
ten (10) percent of the lot width not to exceed eight (8) feet for R-2, Single-family
zoned property.
The request also includes the right of way abandonment for the portion of
Gordon Road adjacent to Lot 1 Block 4. The applicant has not provided staff with
approval from the various utilities as to the abandonment request. The
abandonment will be addressed as a separate item from the proposed
preliminary plat.
Ordinance No. 18,431 adopted by the Little Rock Board of Directors on February
20, 2001, vacated and closed a portion of Gordon Road between Gordon Road
and Chenal Valley Drive. The ordinance states abutting owners of record,
receiving title to the abandoned right of way and easements shall at their cost
remove all vestiges of public use and access as may exist; such modifications
were to include the entrances on both ends of the abandoned right of way and
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March 10, 2011
SUBDIVISION
ITEM NO.: 3
FILE NO.: S-1665
easement is to be offset and/or rebuilt to conform to the standard driveway
design as required by Little Rock, Ark. Revised Code Section 30-26-50(1988)
and the edge of pavement of the right of way is to be rebuilt to conform to
existing conditions in the general vicinity where the abandoned right of way and
easement intersects with the remaining public right of way. Chapter 30 states all
driveways into private property must be concrete from the street curbline to the
property line on approved grades. Single and two-family driveways may be
constructed of asphalt except where there is a sidewalk adjacent to the property.
In such cases the driveway is to be concrete to the back edge of the sidewalk.
The connection of the former Gordon Road right of way has been constructed as
required by the ordinance for residential drives.
The City Attorney's office has reviewed this ordinance and their opinion is that
the portion of Gordon Road that lies to the east of property now owned by
Graham Smith was properly abandoned by City ordinance (Ordinance No.
18,431) after a public hearing. The City has taken subsequent steps in accord
with the abandonment and nothing has occurred subsequently to make the
former Gordon Road property a street dedicated to the public.
In addition Chenal Valley Drive was laid out and constructed based on this
access being a driveway and not a dedicated City street. At this location the
minimum sight distance is not adequate to meet minimum sight distance
requirements of the Master Street Plan for a street in the City of Little Rock. The
development is proposed with a minimum of 85 residential lots. Based on typical
traffic patterns residential lots typically generate a minimum of ten trips per lot per
day. The development would generate a minimum of 850 vehicle trips per day
utilizing this access. The intersection sight distance is 266 feet. AASHTO Green
Book Standards requires an intersection sight distance of 500 feet for a street
with vehicles traveling 45 mph.
The Subdivision Ordinance states every lot shall abut upon a public street,
except where private streets are explicitly approved by the Planning Commission.
The Master Street Plan states local streets should be developed with a minimum
right of way of 50-feet and a minimum paving width of 26-feet. Sidewalks are
required on one -side of the street. The service volume of a local street is
2,500 vehicle trips. The Subdivision Ordinance states private streets are to be
built to public street standard. In some instances one side of the street is
developed prior to the development of the other side. In these cases the
minimum paving width typically allowed is 20-feet. Although very substandard,
this minimum pavement width allows for two cars to pass and allows for City
services to be provided. The access/driveway to this site does not meet this
typical minimum standard.
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March 10, 2011
SUBDIVISION
NO.: 3 (Cont.
FILE NO.: S-1665
Based on the City Attorney's opinion that Gordon Road is no longer a public right
of way and the applicant cannot provide adequate access to serve the proposed
subdivision staff cannot support the preliminary plat request.
STAFF RECOMMENDATION:
Staff recommends denial of the preliminary plat as filed.
PLANNING COMMISSION ACTION: (MARCH 10, 2011)
Mr. Graham Smith and Mr. Don Eilbott were present representing the request. There
were no registered objectors present. Staff presented the item with a recommendation
of denial.
Mr. Smith addressed the Commission on the merits of his request. He stated his
company had purchased a 40-acre parcel and was proposing to develop the site as a
single-family subdivision. He stated staff had raised concerns related to access and
sight distances. He stated he felt the right of way for Gordon Road was open. He
stated the sight distance should not be an issue. He stated the road was constructed as
a collector street in 2000. He stated the speed for a collector street was 30 mph.
Chairman Ferstl questioned Deputy City Attorney Cindy Dawson as what the
Commission was to review. Ms. Dawson stated official City records included a
four -page document indicating the road was closed. She stated something different
was filed at the Circuit Clerk's office but the text of the ordinance clearly stated to see
Exhibit A. She stated it was clear the road was closed by ordinance. She stated the
City had allowed a subdivision to be created and platted over the former right of way.
She stated she nor the Commission had the authority to over ride a City ordinance.
There was a general discussion by the Commission as to the closing of Gordon Road
and land locking property. Ms. Dawson stated the property was not land locked. She
stated the property had access through a prescriptive easement along the eastern
boundary. She stated although it was not practice there were cases where City streets
signs were placed on driveways.
The Commission questioned Mr. Smith as to when he purchased the property. He
stated his company closed on the property in January of 2011. He questioned why the
City would allow the construction of Chenal Valley Drive in a manner that would land
lock a parcel.
Mr. Don Elibott addressed the Commission. He stated he felt 'the difference was in
interpretation of the ordinance. He stated it was clear that what was abandoned was
from Chenal Va!ley Drive to Chenal Valley Drive. He stated nothing south of Chenal
0
March 10, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.
FILE NO.: S-1665
Valley Drive was abandoned. He stated the City only recorded ordinances, which
affected real estate. He stated these ordinances were filed with the Circuit Clerk. He
stated the clear way to see if property owners consented to the abandonment was to
look at the file. He stated there was no file.
The Commission questioned if there was a mechanism to allow land locked parcels to
be provided with access. Mr. Eilbott stated there was a process. He stated the process
involved the County Judge and involved payment for access. He stated his client had
access on Gordon Road, which was a public street.
Ms. Dawson stated once again the property was not land locked but did not have proper
access for a subdivision. She stated there were concerns with allowing the subdivision
to take access at this location due to sight distance concerns. She stated the
Commission did not have the authority to over ride a City Ordinance.
The Chair entertained a motion for approval of the item subject to all staff
recommendations and comments except that of denial. The motion carried by a vote of
6 ayes, 4 noes, 0 absent and 1 recusal (Commissioner Pierce).
9