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HomeMy WebLinkAboutS-0150-E Staff AnalysisJune 14, 1994 ITEM NO.: 1 FILE NO.: S-150-E NAME: WINDSOR HILLS, PHASE II -- PRELIMINARY PLAT LOCATION: On the west side and at the south end of Windsor Court DEVELOPER: ENGINEER• BILL LILE SAM DAVIS VANTAGE DEVELOPMENT CO. SAMUEL L. DAVIS CONSULTING ENGINEER #3 W. Palisades Dr. 5301 W. 8th. St. Little Rock, AR 72207 Little Rock, AR 72204 664-4971 664-0324 AREA: 2.265 ACRES NUMBER OF LOTS: 13 FT. NEW STREET: 880 ZONING: MF-6 & OS PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 19 CENSUS TRACT: 42.06 VARIANCES RE ❑ESTED: 1). Private Streets 2). Depth of Lot 17 to be less than 100 feet TATEMENT OF PROPOSAL: The applicant proposes a phase two extension of the Windsor Hills patio homes development. Windsor Hills Court is planned to extend south from the present termination of the right-of-way as a private street, with private streets turning west off Windsor Court. The present cul-de-sac located south of the end of the Windsor Court right-of-way is to be removed, and a turn -around is to be built at the new end of Windsor Court. Thirteen residential lots are planned, with an average lot size of 66 feet by 100 feet and a minimum lot size of 56 feet by 100 feet. There is one exception to this minimum lot size, and that is lot 17 which has a lot depth along its west line of 99.40 feet and along its east line of 97.55 feet. A. PROPOSAL/REQUEST: Approval by the Planning Commission is requested for a 13-lot residential subdivision for a phase two extension of the Windsor Hills patio homes development, with a private street system. Review by the Planning Commission and approval by the Board of Directors is requested for a variance from the minimum lot depth regulations in the" Subdivision Ordinance of 100, to permit Lot 17 to have a June 14, 1994 SUBDIVISION ITEM NO.: 1 C n inued FILE NO.: 5-150-E minimum lot depth of 97.55 feet along its east property line and 99.4 feet along its east property line. B. EXISTING CONDITIONS: The site is presently undeveloped and heavily wooded, with a curb and gutter section of Windsor Court terminating in a cul-de-sac extending 225 feet south into the property beyond the present end of the street right-of-way. The topography rises from the low point at the southeast corner of the tract approximately 80 feet to the northwest corner. Along the south boundary of the proposed subdivision is a 50' OS strip, with Hillsborough Subdivision on to the south. Burntree, Phase I subdivision abuts the property to the west. Both Hillsborough and Burntree are R-2 zoned areas. Across Windsor Court to the east is Point Pleasant Addition which is a PRD townhome development. To the north is the Phase I portion of Windsor Hills patio homes in an MF-6 area. C. ENGINEERING ❑TILTTY COMMENTS: Public Works comments that a complete grading and excavation plan must be provided. The Stormwater Detention and Excavation Ordinances will be applicable. A turn -around must be provided at the south end of Windsor Court. Water Works reports that 3" and 8" water main extensions will be required, as well as private fire hydrants. Wastewater reports that sewer m4in extensions, with easements, will be required. Arkansas Power and Light Co. comments that additional easements to the easements shown will be required. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department indicates that all private drives must have a minimum width of 20 feet, and that standard City "No Parking/Tow Away" signs will be required. D. ISSDEB/LEGAL/TECHNICAL/DESIGN: The Subdivision Regulations (Section 31-207) states: "Private streets for residential developments shall be discouraged. However, private streets may be approved by the Planning Commission to serve isolated developments. The 2 June 14, 1994 SUBDIVISION ITEM NO.: 1 (Continued) FILE NO_: S-150-E E. F. design standards shall conform to public street standards...." "The subdivider shall provide for permanent maintenance of all private streets in the Bill of Assurance." The plan which has been submitted fails to note the 50 foot OS strip along the south boundary of the subdivision. The lots are approximately 100 feet in depth, and this depth includes 20 feet of driveway access. Deducting the 50 foot OS strip and the 20 foot driveway access from the 100 foot lot depth, the buildable area, then, will be approximately 30 feet in depth. The plans which following ways: and, the zoning are to be shown. ANALYSIS• have been submitted are deficient in the contours are to be at 2 foot intervals; classifications of all abutting properties With the 50 foot OS strip across the south boundary of the site, the available building area for Lots 17, 19, 21, and 23 are severely restricted. The developer needs to assure the Commission that the OS strip can be protected during and after construction, and that there is area remaining on these lots which can provide adequate building sites. The proposed street is a "dead end" and the site isolated. It meets the Subdivision Regulations for approval of a private street system. STAFF RECOMMENDATTONS: is requirements Staff recommends approval of the preliminary plat and approval of the private streets, subject to the developer addressing the questions raised as a result of the OS strip bordering the southern boundary of the subdivision; e.g., can it be protected and are the resulting buildable areas sufficient. Staff recommends approval of the variance for the lot depth of less than 100 feet for Lot 17. SUBDTVISION COMMITTEE COMMENT: (MAY 26, 1994) Sam Davis, the project engineer, was present. Staff outlined the proposal, and the plan was presented to the Subdivision Committee members. The deficiencies noted in the Discussion Outline were discussed. Public Works reviewed its comments concerning the need for a turn -around at the end of Windsor Court, and the Fire 3 June 14, 1994 SUBDIVISION ITEM NO_: 1 (Continued) FILE NO.: S-150-E Department's comment concerning the need for a minimum 20 foot wide street was discussed. The requested variances were discussed. Mr. Davis indicated that he would amend the plans to correct the deficiencies. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUKE 14, 1994) Staff presented the item, outlining the request and reporting that the design which had been submitted had failed to take into account a 50 foot wide "OS" strip along the southern boundary of the site. The "OS" strip matter, staff related, must be addressed, as well as the requested approvals of the variance from the 100 foot minimum lot depth for Lot 17 and the variance to permit a private street system within the boundary of the proposed subdivision. Mr. Sam Davis, project engineer, proposed that the plan, as submitted, be approved, with the condition that the 50 foot "OS" strip be added, but with the understanding that the applicant will seek to rezone the "OS" strip to the same zoning as the remainder of the project site. This, he said, would allow the applicant to begin construction. He said that, even with the 50 foot "OS" strip, there is 30 feet of buildable depth on the affected lots. If the rezoning is approved, then the proposed plat would remain as presented. Jim Lawson, Neighborhoods and Planning Director, stated that an "OS" strip cannot be disturbed during construction, so, he advised, there is, in effect, less than the 30 feet of buildable area; there must be left enough room abutting the "OS" strip for construction activity without encroaching onto the "OS" strip. Mr. Lawson suggested approval of the portion of the plat which is not affected by the "OS" strip, and giving conditional approval to the south four lots only if the rezoning is approved. Mr. Davis indicated that it was the applicant's intention to pursue getting the "OS" strip rezoned to be consistent with the zoning of the remainder of the site. He pointed out that the proposed development is for single family residences, not apartments, and that the "OS" strip is not needed as a buffer for the single family developments to the south and west. Commissioners Walker and Putnam suggested that approval be granted for those lots of the subdivision which are not affected by the "OS" strip, so that the developer may proceed with the construction of that portion of the development. 4 June 14, 1994 SUBDIVISION ITEM NO.: 1 (Continued) FILE NO.: S-150-E Staff indicated that the developer needed to realize that if the rezoning is not granted, he will have four lots which have very restricted buildable areas; that if the developer wishes to proceed under those conditions, staff has no objections. Chairperson Chachere asked the applicant if he wished to amend his application accordingly. Mr. Davis agreed to amend the application to seek approval of that portion of the plat containing Lots 12, 14, 16, 11, 13, 15, 18, 20, and 22, but asked that approval be granted for the plat as presented if the "OS" area were successfully rezoned. Chairperson Chachere replied that it was her interpretation of the Commission's wishes that the applicant return to the Planning Commission for final approval of the plat, whichever version of the plat were ultimately able to be approved. Mr. Jack Mills, identifying himself as the president of the Point Pleasant Condominiums Owners' Association, expressed concern about the stormwater run-off from the proposed development. He asked for information on the meaning of the area shown as "Stormwater Detention Area" on the plat. Mr. Sherman Smith, Civil Engineering Manager in the Public Works Department, explained that the Stormwater Detention Ordinance requires that the developer cannot allow stormwater to run off of his development at any greater rate than the existing rate prior to development, based on a 25-year storm, and that he must provide the area to detain this amount of stormwater on his site and to release it at a rate that property down stream is not flooded. He went on to say that, even meeting these standards, developers may not flood anyone down stream. He indicated that the developer's engineer is to submit to Public Works his proposed stormwater detention plan; Public Works reviews the plan and requires revision, if necessary; the work is checked during construction to make sure that the design is followed; then, after the work is completed, Public Works verifies that the stormwater detention is adequate. Staff explained to Mr. Mills that the area denoted on the plat as "Stormwater Detention Area" is that area proposed to be used to detain the run-off prior to it exiting the site in the underground pipe running off to the south. Commissioner Oleson expressed concern that, if the applicant gains approval of the plat, minus the four south lots, and proceeds with street construction, the applicant may claim that there is a need to rezone the "OS" strip based on the hardship that the south four lots are unusable. F1 1. Meeting Date: July 21, 1994 2. Case No.: S-150-E 3. Recruest: For WINDSOR HILLS, PHASE II -- PRELIMINARY PLAT, a waiver of the 100 foot minimum lot depth of the Subdivision Regulations, to permit Lot 17 to have an average depth of 98.5 feet. 4. Location: On the west side and at the south end of Windsor Court 5. ownerlAFplicant_: Bill Lile; Vantage Development Co. 6. Existing Status_: The site proposed for WINDSOR HILLS, PHASE II is undeveloped land. The existing zoning of the site is MF-6, with a 50 foot wide OS strip lying along the south boundary of the site. The lot for which a waiver is sought is partially within the OS strip. 7. Proposed Use: Single-family residential development 8. Staff Recommendation: Approval 9. Planning Commission _Recommendation: Approval 10. Conditions or Issues Remaining t❑ be Resolved: The applicant is seeking rezoning of the OS strip which lies along the south boundary of the proposed development. Successful rezoning of the OS strip to MF-6 will enhance the development area of the 4 south lots, including the one for which the wavier is sought, but the rezoning and the waiver are not dependent upon one another. 11. Right -of -Way Issues: None 12. Recommendation Forwarded with: A vote of 10 ayes, 0 nays, 1 absent, and 0 abstentions 13. objectors: None 14. Neighborhood_ Contact Person/others: Jack Mills, President, Point Pleasant Condominium Owners Association 15. Neighborhood Plan: Chenal (19) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE MINIMUM LOT DEPTH REQUIREMENT FOR WINDSOR HILLS, PHASE II (S-150-E), LOCATED ON THE WEST SIDE AND AT THE SOUTH END OF WINDSOR COURT, LITTLE ROCK, ARKANSAS. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for a waiver of certain requirements within the Subdivision Regulations of the City of Little Rock for WINDSOR HILLS, PHASE II (S-150-E), as follows: Subsection a. That Section 31-232(b), which requires that no lot shall average less than one hundred (100) feet in depth be waived to permit Lot 17, WINDSOR HILLS, PHASE II to have an average depth of 98.5 feet. SECTION 2. This ORDINANCE shall take effect thirty (30) days from and after its passage. PASSED: ATTEST: City Clerk APPROVED: Mayor FILE NO.: S-150-E NAME: WINDSOR HILLS, PHASE II -- PRELIMINARY PLAT LOCATION: On the west side and at the south end of Windsor Court DEVELOPER: ENGINEER• BILL LILE SAM DAVIS VANTAGE DEVELOPMENT CO. SAMUEL L. DAVIS CONSULTING ENGINEER #3 W. Palisades Dr. 5301 W. 8th. St. Little Rock, AR 72207 Little Rock, AR 72204 664-4971 664-0324 AREA: 2.265 ACRES NUMBER OF LOTS: 13 FT, NEW STREET: 880 ZONING: MF-6 & OS PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 19 CENSUS TRACT: 42.06 VARIANCES REQUESTED: 1). Private Streets 2). Depth of Lot 17 to be less than 100 feet STATEMENT OF PROPOSAL: The applicant proposes a phase two extension of the Windsor Hills patio homes development. Windsor Hills Court is planned to extend south from the present termination of the right-of-way as a private street, with private streets turning west off Windsor Court. The present cul-de-sac located south of the end of the Windsor Court right-of-way is to be removed, and a turn -around is to be built at the new end of Windsor Court. Thirteen residential lots are planned, with an average lot size of 66 feet by 100 feet and a minimum lot size of 56 feet by 100 feet. There is one exception to this minimum lot size, and that is lot 17 which has a lot depth along its west line of 99.40 feet and along its east line of 97.55 feet. A. PRQPOSALIREOUEST: Approval by the Planning Commission is requested for a 13-lot residential subdivision for a phase two extension of the Windsor Hills patio homes development, with a private street system. Review by the Planning Commission and approval by the Board of Directors is requested for a FILE NO.: S-150-E (Continued) B. C. iIM variance from the minimum lot depth regulations in the Subdivision Ordinance of 100, to permit Lot 17 to have a minimum lot depth of 97.55 feet along its east property line and 99.4 feet along its east property line. EXISTING CONDITIONS: The site is presently undeveloped and heavily wooded, with a curb and gutter section of Windsor Court terminating in a cul-de-sac extending 225 feet south into the property beyond the present end of the street right-of-way. The topography rises from the low point at the southeast corner of the tract approximately 80 feet to the northwest corner. Along the south boundary of the proposed subdivision is a 50' OS strip, with Hillsborough Subdivision on to the south. Burntree, Phase I subdivision abuts the property to the west. Both Hillsborough and Burntree are R-2 zoned areas. Across Windsor Court to the east is Point Pleasant Addition which is a PRD townhome development. To the north is the Phase I portion of Windsor Hills patio homes in an MF-6 area. ENGINEERING UTILITY COMMENTS: Public Works comments that a complete grading and excavation plan must be provided. The Stormwater Detention and Excavation Ordinances will be applicable. A turn -around must be provided at the south end of Windsor Court. Water Works reports that 3" and 8" water main extensions will be required, as well as private fire hydrants. Wastewater reports that sewer main extensions, with easements, will be required. Arkansas Power and Light Co. comments that additional easements to the easements shown will be required. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department indicates that all private drives must have a minimum width of 20 feet, and that standard City "No Parking/Tow Away" signs will be required. ISSUES�(LEGAL/TECHNICAL/DESIGN: The Subdivision Regulations (Section 31-207) states: "Private streets for residential developments shall be discouraged. However, private streets may be approved by the Planning Commission to serve isolated developments. The 2 FILE NO.: S-150-E (Continued) E. F. design standards shall conform to public street standards...." "The subdivider shall provide for permanent maintenance of all private streets in the Bill of Assurance." The plan which has been submitted fails to note the 50 foot OS strip along the south boundary of the subdivision. The lots are approximately 100 feet in depth, and this depth includes 20 feet of driveway access. Deducting the 50 foot OS strip and the 20 foot driveway access from the 100 foot lot depth, the buildable area, then, will be approximately 30 feet in depth. The plans which following ways: and, the zoning are to be shown. ANALYSIS• have been submitted are deficient in the contours are to be at 2 foot intervals; classifications of all abutting properties With the 50 foot OS strip across the south boundary of the site, the available building area for Lots 17, 19, 21, and 23 are severely restricted. The developer needs to assure the Commission that the OS strip can be protected during and after construction, and that there is area remaining on these lots which can provide adequate building sites. The proposed street is a "dead end" and the site isolated. It meets the Subdivision Regulations for approval of a private street system. STAFF RECOMMENDATIONS: is requirements Staff recommends approval of the preliminary plat and approval of the private streets, subject to the developer addressing the questions raised as a result of the OS strip bordering the southern boundary of the subdivision; e.g., can it be protected and are the resulting buildable areas sufficient. Staff recommends approval of the variance for the lot depth of less than 100 feet for Lot 17. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Sam Davis, the project engineer, was present. Staff outlined the proposal, and the plan was presented to the Subdivision Committee members. The deficiencies noted in the Discussion Outline were discussed. Public Works reviewed its comments concerning the need for a turn -around at the end of Windsor Court, and the Fire Department's comment concerning the need for a minimum 20 foot wide street was discussed. The requested variances were discussed. Mr. Davis indicated that he would amend the plans to correct the deficiencies. The Committee forwarded the item to the Commission for the public hearing. 3 FILE NO_: 5-150-E (Continued) PLANNING COMMISSION ACTION: (JUNE 14, 1994) Staff presented the item, outlining the request and reporting that the design which had been submitted had failed to take into account a 50 foot wide "OS" strip along the southern boundary of the site. The "OS" strip matter, staff related, must be addressed, as well as the requested approvals of the variance from the 100 foot minimum lot depth for Lot 17 and the variance to permit a private street system within the boundary of the proposed subdivision. Mr. Sam Davis, project engineer, proposed that the plan, as submitted, be approved, with the condition that the 50 foot "OS" strip be added, but with the understanding that the applicant will seek to rezone the "OS" strip to the same zoning as the remainder of the project site. This, he said, would allow the applicant to begin construction. He said that, even with the 50 foot "OS" strip, there is 30 feet of buildable depth on the affected lots. If the rezoning is approved, then the proposed plat would remain as presented. Jim Lawson, Neighborhoods and Planning Director, stated that an "OS" strip cannot be disturbed during construction, so, he advised, there is, in effect, less than the 30 feet of buildable area; there must be left enough room abutting the "OS" strip for construction activity without encroaching onto the "OS" strip. Mr. Lawson suggested approval of the portion of the plat which is not affected by the "OS" strip, and giving conditional approval to the south four lots only if the rezoning is approved. Mr. Davis indicated that it was the applicant's intention to pursue getting the "OS" strip rezoned to be consistent with the zoning of the remainder of the site. He pointed out that the proposed development is for single family residences, not apartments, and that the "OS" strip is not needed as a buffer for the single family developments to the south and west. Commissioners Walker and Putnam suggested that approval be granted for those lots of the subdivision which are not affected by the "OS" strip, so that the developer may proceed with the construction of that portion of the development. Staff indicated that the developer needed to realize that if the rezoning is not granted, he will have four lots which have very restricted buildable areas; that if the developer wishes to proceed under those conditions, staff has no objections. Chairperson Chachere asked the applicant if he wished to amend his application accordingly. Mr. Davis agreed to amend the application to seek approval of that portion of the plat containing Lots 12, 14, 16, 11, 13, 15, 18, 20, and 22, but asked that approval be granted for the plat as presented if the "OS" area were successfully rezoned. 4 FILE NO_: 5-150-E (Continued) Chairperson Chachere replied that it was her interpretation of the Commission's wishes that the applicant return to the Planning Commission for final approval of the plat, whichever version of the plat were ultimately able to be approved. Mr. Jack Mills, identifying himself as the president of the Point Pleasant Condominiums Owners' Association, expressed concern about the stormwater run-off from the proposed development. He asked for information on the meaning of the area shown as "Stormwater Detention Area,, on the plat. Mr. Sherman Smith, Civil Engineering Manager in the Public Works Department, explained that the Stormwater Detention Ordinance requires that the developer cannot allow stormwater to run off of his development at any greater rate than the existing rate prior to development, based on a 25-year storm, and that he must provide the area to detain this amount of stormwater on his site and to release it at a rate that property down stream is not flooded. He went on to say that, even meeting these standards, developers may not flood anyone down stream. He indicated that the developer's engineer is to submit to Public Works his proposed stormwater detention plan; Public Works reviews the plan and requires revision, if necessary; the work is checked during construction to make sure that the design is followed; then, after the work is completed, Public Works verifies that the stormwater detention is adequate. Staff explained to Mr. Mills that the area denoted on the plat as "Stormwater Detention Area" is that area proposed to be used to detain the run-off prior to it exiting the site in the underground pipe running off to the south. Commissioner Oleson expressed concern that, if the applicant gains approval of the plat, minus the four south lots, and proceeds with street construction, the applicant may claim that there is a need to rezone the "OS" strip based on the hardship that the south four lots are unusable. Mr. Davis clarified the applicant's plans: to seek rezoning of the "OS" strip so that the full depth of the lots may be used, or to show the "OS" area on the plat and build homes within the buildable area. Commissioner Oleson confirmed that a total re -design is not anticipated, and that the basic design of the subdivision would not be changed no matter what the outcome of a rezoning request. Mr. Lawson recommended, then, that the plat, as presented, be approved, with the understanding that, until the "OS" strip is either rezoned or shown on the plat, the four south lots cannot be developed. He said that he did not foresee any problem with a 5 FILE NO.: S-150-E (Continued recommendation from staff of approval of rezoning of the "OS" strip to be consistent with the zoning of the remainder of the site; that with single-family backing up to single-family, the "OS" area is inappropriate. A motion was made to approve the preliminary plat, subject to, for development of lots 17, 19, 21, and 23, the applicant either gaining approval of the rezoning of the "OS" strip to allow use of these lots without the "OS" restrictions, or indicating the "OS" area on the plat and the use of these lots being restricted accordingly, and to approve the request for a private street within the subdivision, and to recommend approval of the lot depth variance request. The motion carried with the vote of 10 ayes, 0 nays, 1 absent, and 0 abstentions. 6