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HomeMy WebLinkAboutS-1100-I Staff AnalysisJanuary 18, 2007 ITEM NO.: C FILE NO.: S-1100-1 NAME: Capitol Lakes Estates Preliminary Plat and the Abandonment of Cooper Orbit Road LOCATION: Located on Cooper Orbit Road, South of Capitol Hills Boulevard DEVELOPER: Jay DeHaven P.O. Box 13256 Maumelle, AR 72113 FNGINFFR- White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 85.5 Acres CURRENT ZONING PLANNING DISTRICT: CENSUS TRACT: NUMBER OF LOTS: 199 R-2, Single-family 18 — Ellis Mountain 42.07 VARIANCESIWAIVERS REQUESTED: FT. NEW STREET: 14,900 1. A variance to allow a reduced front building line 15-feet for Lots 6 — 14 Block 14. (Section 31-256) 2. A variance to allow a reduced front building line adjacent to a collector street. [Section 31-256(1)] 3. A variance to allow a reduced lot depth for Lots 6 — 14 Block 14. [Section 31-232(a)] 4. A variance to allow double frontage lots for Lots 30 — 32 Block 9. BACKGROUND: On June 20, 1996, the Planning Commission approved a preliminary plat for the development of 190.624 acres with 318 single-family lots. Subsequently, two final plats have been filed for the previously approved plat area. A tract totaling 39.84 acres which included 103 single-family lots and a PD-R for Governors Manor was final platted which contained 9.42 acres and 45 zero lot line single-family lots. Rushmore Avenue and Capitol Hills Boulevard have also been constructed. January18, 2007 SUBDIVISION ITEM NO.: C(Cont.) _ FILE NO.: S-1100-1 In October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The area damaged was located along the western and southern perimeters of Phase 1 (Lot 1) of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area. The restoration plan included plantings in the area previously designated as the land use buffer area be replanted at double the plantings required by the landscape ordinance. This included the area to the south and the west on Lot 1 of the apartment development located to the north of this site. The approval included planting of all trees of three inch caliper and additional 30-feet of land to the south was to be retained in a conservation easement and the 30-feet along with the buffer remaining on Lot 2 of the apartment development be combined with a tract designated south of Lot 3 to ensure the buffer would be maintained in the future. A. PROPOSALIREQUEST: The applicant is now requesting an amendment to the previously approved preliminary plat for the portion located south of the intersection of Capitol Hills Boulevard and Rushmore Avenue. The project contains 85.5 acres and the request includes the area to be subdivided into 200 single-family residential lots. An average lot size of 80-feet by 130-feet or 10,400 square feet is proposed. The request includes several variance request; A variance to allow a 15-foot front building line for Lots 6 — 14, Block 14 and Lots 29 - 32, Block 9; A variance to allow a 25-foot building line adjacent to a collector street for Lots 1 and 2, Block 9, Lots 1, 8, 9 and 10, Block 11, Lots 1, 5, 6, Block 12, Lots 1, 5 and 6 Block 13, Lots 30 — 32 Block 9; A variance to allow a reduced lot depth for Lots 6 — 14, Block 14; A variance request to allow double frontage lots for Lots 30 — 32 Block 9. Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed. B. EXISTING CONDITIONS: The site is tree covered with heavy woods surrounding the site. The property is currently zoned R-2, Single-family. The Spring Valley Manor Subdivision is located south of the site and an apartment development is located to the north of the plat area. Capitol Hills Boulevard and Rushmore Avenue have been constructed to the north of the area. There are new single-family homes currently under construction to the north of the proposed site in the Governor's Manor Subdivision. 2 January 18, 2007 SUBDIVISION ITEM NO.: C Cont. FILE NO.: S-1100-1 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. The Spring Valley Manor Neighborhood Association along with all residents, who could be identified, within 300 feet of the site, and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Provide documentation showing the proposed streets provide adequate Intersection Sight Distance (for all intersections). Calculations must be done in accordance with the 2004 AASHTO Green Book. 2. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 3. For properties adjoining intersections, Section 32-8 of the Little Rock Traffic Ordinance prohibits construction of any sign or fence, planting shrubbery or other obstruction to the view higher than 30 inches within that triangular area between the property line and a diagonal line joining points on the property line fifty (50) feet from point of their intersection. For exceptions and/or more information about the ordinance, contact Traffic Engineering 'at (501) 379-1817. 4. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance must be obtained for grading of lots prior to plat approval or advance grading of a future phase. 5. Storm water detention ordinance applies to this property. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. ' Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 9. Staff does not support variance request to exceed the street and intersection grade limits required by the Master Street Plan as proposed on this plan. Proposed intersection grades must have a vertical alignment of 3% or less per 2004 AASHTO Green Book. Intersection grades can be in excess of 3%, up to 6% if justification is provided. The Master Street Plan 3 January 18, 2007 SUBDIVISION ITEM_ NO.: C (Cont.) FILE NO.: S-1100-1 allows street grades to be a maximum 15% for residential streets and 16% for minor residential streets. 10. The name "Dover" for a street name is already in use. Another name should be chosen. Contact David Hathcock at 371-4808 for additional information. 11. With site development, provide design of street conforming to the Master Street Plan. Construct full street improvements to Rushmore Avenue (Cooper Orbit Road) including 5-foot sidewalks with planned development to meet the Master Street Plan standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. Easements will be required for any water mains that are outside public rights of way. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISS U ES/TECH N ICAUDES IGN: Planning Division: No comment. Landscape: No comment. CI January18, 2007 SUBDIVISION ITEM NO,: C (ContJ FILE NO.: S-1100-1 G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues associated with the request. Staff stated the street names were incorrect on the plat and requested the applicant rename Cooper Orbit Road to Rushmore Avenue. Staff also stated the plat did not indicate the required building line adjacent to a collector street. Staff noted there were a number of variances being requested for the proposed development. Staff stated the variances had not been requested with the initial application request and requested the applicant update the variance request form. Staff questioned if a subdivision identification sign would be placed within the development. Staff stated if the development was proposing a subdivision sign, the applicant should provide the location of the sign along with a note concerning the total height, total length and total sign area. Public Works comments were addressed. Staff stated they were not supportive of the variance request for the increased street grades at intersections. Staff also stated a grading permit would be required prior to the development of the proposed subdivision. Staff noted the street construction for Rushmore Avenue should conform to the Master Street Plan requirements for a collector street. Staff noted there were concerns with the proposed plat from an adjoining property owner. Staff stated previous agreements had indicated the placement of a collector street from the east connecting to Rushmore Avenue. Staff stated this location had not been "pinned down" but was located within the eastern portion of the plat area or with the proposed Planned Residential Development area for Tract C, which was a separate item on this agenda (Z-6120-M). Staff requested the applicant meet with the adjoining property owner to determine the best location for access to the future phases of the Woodlands Edge Subdivision to allow connectivity in the area. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. K ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing some of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has renamed Cooper Orbit Road to Rushmore Avenue, indicated a 30-foot building line adjacent to Rushmore Avenue, and indicated the requested variances. The revised plat does not include the placement of a subdivision identification sign and the applicant has indicated signage is not being requested. 5 January 18, 2007 SUBDIVISION ITEM NO.. C (Cont.) FILE NO.: S-1100-1 A number of the previously indicated variances have been removed from the request. The plat does indicate a variance to allow a reduced lot depth for eight of the proposed lots. Lots 6 — 8 and 10 — 14, Block 14 have been indicated with a depth less than the typically -required 100-foot depth. The lots have also been indicated with a reduced front building line, 15-feet along Lot 10, Block 14 and Lots 29 - 32, Block 9. The request is to allow the development of these lots utilizing the Hillside Development Standards per Section 31-367. This criteria requires the developer to provide the average slope of the development to calculate the minimum lot size. The ordinance also requires no lot be less than ten thousand square feet. The proposed lots do not meet the minimum lot area requirement. The request also includes a variance to allow a reduced building line adjacent to a collector street, Lincoln Street. Typically the building line adjacent to a collector street is 30-feet. The proposed plat indicates the placement of a 25-foot building line. The plat includes a variance to allow double frontage lots for Lots 30 — 32 Block 9. These lots include the placement of a 10-foot restrictive access easement along the rear lot line to limit the number of curb cuts. Lincoln Street and Rushmore Avenue have been indicated constructed to Collector Street standard per Master Street Plan. The remaining streets are indicated as residential (50-feet of right-of-way) or minor residential streets (45-feet of right-of-way) which will be constructed to Master Street Plan standard:: The plan indicates Phoenix Street extending to the eastern boundary of the plat area. The street is indicated as a residential street with a 50-foot right-of-way and 26-feet of paving. Based on the currently undeveloped property located to the east of this proposed development, staff feels this street should be constructed to a collector standard with a 60-foot right-of-way and 36-feet of pavement. Per the Master Street Plan Section 2: Road Classifications — Street Functional Classifications — Collector — (Paragraph 2) - "The spacing of Collectors may be decreased and/or the right of way and paving surface increased due to density of residential development and the locations of commercial areas or other large traffic generators. At the time of the subdivision, the exact location and additional need for Collectors will be determined by the Little Rock Planning Commission upon advice by City Staff." Also Section 31-201(b) states "the street layout should be appropriate for the type of development proposed and properly integrated with the street system in the area adjoining the subdivision. The layout shall also conform to the existing and proposed land uses and the most advantageous development pattern of the surrounding area". Staff feels this additional collector street is necessary to serve future developable lands located to the east of the site. 9 January18, 2007 SUBDIVISION ITEM NO.: C Cont. FILE NO.: S-1100-1 The proposed preliminary plat indicates the placement of trails and tracts dedicated as open space within the development. The proposed open space tracts and trails will be maintained by the Property Owners Association through the Bill of Assurance. As stated in the Background Section of this report, in October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The buffer that was removed was located along the western and southern perimeters of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area which included plantings of the previously designated land use buffer with double the plantings required by the landscape ordinance. This included the area to the south and the west of the apartment development. The plan included planting of all trees of three inch caliper and additional 30-feet of land to the south (land located within the current proposed plat area) was to be retained in a conservation easement and the 30-feet along with the buffer remaining on Lot 2 of the apartment development be combined with a, tract designated south of Lot 3 also of the apartment development to ensure the buffer would be maintained. in the future. The plat as proposed does not appear to comply with this previous agreement or approval. The plat indicates the placement of a 30-foot buffer within the apartment development but does not include the additional 30-feet as agreed coming from this plat area. If viewing the proposed plat layout the affected lots are Lots 20 -- 28 Block 9. Staff feels the proposed lots should :be redesigned to reduce the lot depth by the previously agreed to 30-feet. - Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed. Staff has concerns with the abandonment of the right of way with the current request. The new street has not been constructed. Staff feels the abandonment should not take place until the new access is constructed after which the abandonment may be requested. Staff is supportive of the proposed subdivision but has concerns with the number of outstanding issues associated with the request. The request includes the development of 85.54 acres with 200 single-family lots resulting in a density of 2.3 units per acre. Staff feels the developer should address staffs concerns regarding street design and construction, address the previously agreed to reduction in the plat area along the northwestern perimeter of the property and providing access to property located to the east in the form of a collector street to serve future development. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. 7 January18, 2007 UBDIVISION ITEM NO.: G Cont. FILE NO.: S-1100-1 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present. There were a number of objectors present. The applicant requested a deferral of the item to the January 19, 2007, public hearing to allow this item to be discussed with the previous item Capitol Lakes Estates Tract C Long -form PD-R (Z-6120-M) and Right of Way abandonment for Cooper Orbit Road, located on the Southeast corner of Capitol Hills Boulevard and Cooper Orbit Road. There was no further discussion of the item. A motion was made to defer the item. The motion carried by a vote of 10 ayes 0 noes and 0 absent. STAFF UPDATE: The applicant has submitted the following amendment and details concerning the proposed application request. The applicant is withdrawing Item No. B. File No. Z-6120-M, the PD-R for Tract C of Capitol Lakes Estates. The property will be combined with this item (Item No. C File No. S-1100-1) and will be presented as a single item, all of which will be a subdivision plat for R-2 zoned property with no rezoning required. In addition, the applicant makes the following amendments to this item (File No. S-1100-1), which now includes Tract C: 1. The applicant is revising Tract C as follows: a. The applicant will construct an east -west street to collector standard through Tract C from Rushmore Avenue east, terminating at the common boundary line between Tract C and Rocket Properties' Woodlands Edge subdivision. The north right of way line of the collector will be approximately 105 feet from, and parallel to, the north boundary line of Tract C. The applicant will construct the collector with the development of either of the tracts shown on the revised plat of Tract C. January 18, 2007 SUBDIVISION NO.; C (Cont. FILE NO.: 5-1100-1 b. The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C. The abandonment of this right of way will not take place until the construction and final platting of the collector street, but this will not prevent the applicant from developing the balance of Tract C with the construction of the Collector street. c. The applicant is requesting the City also abandon 15-feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. This additional distance is not needed on the eastern edge of the right of way by Tract C. After abandoning 15 feet of the right of way the eastern right of way will still conform to Collector standards. The applicant will use the additional 15 feet to increase lot depths on Tract C and to create an undeveloped tract between any lots on Tract C and Rushmore Avenue, thus eliminating any need for variances for double frontage lots along Rushmore Avenue. d. The applicant is requesting an advanced grading variance for Tract C and the applicant is preparing a grading plan for Tract C to provide more detailed information on the advanced grading request. e. The remainder of Tract C is shown as two tracts for future development. After final approval of the amendments to Tract C, the applicant anticipates filing an amended subdivision application for the development of each tract. 2. The applicant is revising Phase 2 as follows: a. With the platting of the Collector street through Tract C, the applicant will not construct Phoenix Street in Phase 2 of Capitol Lakes Estates to Collector standard. Phoenix Street will be constructed to minor residential street standard. Also, Phoenix Street will not stub out on the eastern boundary line of Phase 2, but will be looped, running to the south. b. The applicant will revise the Phase 2 plat to clearly indicate that the additional 30 foot undisturbed buffer taken from Phase 2 adjacent to the common boundary line of Lot 1, Capitol Hills Apartments. c. The applicant has prepare a sketch grading and drainage plan for the portion of Phase 2 which drains south into the Spring Valley Manor subdivision. d. The applicant has removed all variances from Phase 2 except for some minor street grade variances shown on the revised plat. The revised preliminary plat has removed a number of the previously indicated variance requests. The revised plan indicates the placement of a 30-foot building line adjacent to the proposed collector streets and removed all proposed double frontage lots. The site plan clearly identifies the previously agreed to buffer along the boundary of Lots 23 — 28, Block 7 of the Capitol Lakes Estates Subdivision. The buffer has not been included as a tract as was a part of the previous agreement. Staff recommends the buffer be set aside in a tract to ensure the buffer remains in perpetuity. The development is proposed to be a phased development. E January 18, 2007 SUBDIVISION ITEM NO.: C Cont.) FILE NO.: S-1100-1 The plat indicates a reduced building line for Lot 6, Block 3, Lots 6 — 10, Block 12, Lots 29 — 32, Block 7. The lots have a significant slope which the developer has indicated would qualify for hillside development standards. The hillside development standards require slopes greater than eighteen percent and a minimum lot area of 10,000 square feet. The indicated lots do not qualify for utilization of the hillside development standards since the lots do not meet the minimum lot size requirement. Staff is supportive of the variance request to allow a reduced building line on the proposed lots. Staff does not feel the reduced building line as proposed will negatively impact the development or the area. The proposed plat indicates a single lot with a depth less than the typical minimum ordinance standard. Proposed Lot 29, Block 7 is indicated along the northern lot line with a depth of 74 feet. The lot also has a large easement located along the western boundary. In staffs opinion the lot does not appear buildable. Staff recommends the lot be removed or the applicant provides staff with a buildable area for a proposed structure to ensuring the buildability of the proposed lot. The proposed plat indicates a variance request for increased street grades at intersections. The street grades along the collector streets have been indicated meeting ordinance requirements but a number of the minor residential streets have an increased street grade. Staff is supportive of the proposed increased street grade at the indicated intersections. The streets will be developed as minor residential streets which will have low volumes. and should not significantly impact the development or the area. The development of Tract C has been reviewed by staff and they feel the placement of the Collector Street as proposed is adequate to serve future development in the area. Staff is no longer requesting a collector street along the southern portion of the proposed plat area (Phoenix Street). The collector street through Tract C has been indicated with a 60-foot right of way and 31 feet of pavement. Woodlands Edge located to the east of the subdivision has been constructed to this design standard but no access to the street was taken. Staff recommends if access to the street is proposed by any future development the street be constructed with 36-feet of pavement from back of curb to back of curb consistent with street design construction per the Master Street Plan. The Collector Street has also been indicated with a median and the appearance of gates. Staff is not supportive of the proposed median in this location. The street is a collector street and should function as such. Staff feels the placement of the median will constrict traffic flows in the area creating safety concerns. The applicant submitted a sketch grading and drainage plan for the subdivision. Staff is still reviewing the data provided and will provide a recommendation of the proposed detention and drainage plan at the public hearing. 10 January 18, 2007 SUBDIVISION ITEM NO.: C (Cont. FILE NO.: S-1100-1 The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C and the remainder of the proposed subdivision. The abandonment of this right of way will not take place until the construction and final platting of the collector street through Tract C and portions of roadways to maintain access to Spring Valley Manor. The maintenance of access to the adjoining subdivision does not prevent the applicant from developing the balance of Tract C with the construction of the Collector Street. Staff is supportive of the abandonment request as long as access to Spring Valley Manor from the north is maintained throughout the development of the proposed subdivision and the subsequent phases. The applicant is requesting the City abandon 15-feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. Tract C does not need this additional distance on the eastern edge of the right of way. After abandoning the 15 feet of the right of way Rushmore Avenue will still have sufficient right of way to conform to Collector standards. Staff is supportive of the request. Rushmore Avenue has been constructed and staff does not feel it necessary for the City to retain the additional right of way which was previously dedicated. The request includes an advanced grading variance for Tract C. The applicant has provided staff with a grading plan for Tract C to detail the advanced grading request. The .developers have indicated the grading is necessary for construction of the proposed collector street to reduced the need to move dirt into and out of the site. The advanced grading plan currently indicates all grading activities will take place on the site after which the developer will reseed the site per the minimum ordinance requirements. The developer also indicates Tract C is shown as two tracts, Tract C-1 and C-2 to be held for future development. After final approval of the street construction located within Tract C, the applicant anticipates filing an amended subdivision request for the development of each tract. Staff is supportive of the proposed advanced grading request. Staff cannot provide a recommendation since they are still reviewing the data provided for the proposed detention and drainage plan. Staff will provide a recommendation to the Commission at the public hearing. PLANNING COMMISSION ACTION: (JANUARY 18, 2007) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff stated the applicant had addressed their concerns with regard to detention and drainage and a number of previously remaining outstanding issues. Staff stated the proposed plat included the subdivision of 85.54 acres into 201 single- family residential lots. The average lot size proposed was 80-feet by 130-feet or 11 January 18, 2007 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1100-1 10,400 square feet. The development was proposed in 12 phases. Staff stated there were a few variances being requested as a part of the platting request. Staff stated the variances included one lot with a reduced lot depth, fourteen lots with a reduced building line and several locations with an increased street grade at intersections. Staff stated these variances were all located at residential street standard intersections. Staff stated the applicant had satisfied staff's concerns related to detention and drainage and staff stated they were supportive of the applicant's indicated plan. Staff stated the applicant had indicated the detention located along the southern perimeter of the site would be utilized as permanent detention storage areas. Staff recommended these areas be identified as easements to ensure the areas were maintained. Staff stated the detention areas indicated within the proposed plat area would be maintained as temporary detention basins. Staff stated some of the temporary basins would be maintained after final platting to help manage storm water runoff into the construction phase of the single-family residences of the development. Staff stated the developers had also retained the engineering firm of FTN Associates to assist in the design and monitoring of water quality and erosion control measures for the Capitol Lakes Estates subdivision for expert advice in the design of the structures both temporary and permanent to ensure compliance with City, State and Federal regulations. Staff.stated based on their review the downstream structures appeared to be adequate with the exception of a couple of pipes under driveways on Cooper Orbit Road. Staff stated the applicant had indicated they planned to perform improvements to these drainage structures. Staff stated the applicant would further assure the discharge from Capitol Lakes Estates would not flood any structures in Spring Valley Manor. Staff stated presently Spring Valley Manor utilized open ditches for drainage and flooding of yards was already a problem in the neighborhood. Staff stated the applicant was not making any assurances to address the current flooding problem only to ensure no additional flooding problems would occur. Staff stated the wall height on Tract C would be a maximum of 15-feet. Staff stated the proposed slope would not exceed minimum ordinance standards or a 3:1 slope. Staff stated the grading and clearing of the site would not take place until a preliminary plat was approved for the site and construction was imminent. Staff stated the grading permit would include advanced grading of the site including the clearing of the lots with the construction of the streets and drainage. Staff stated erosion controls would be installed prior to the start of work. Staff stated per the Land Alteration Ordinance open areas not planned for immediate use would be seeded or sodded. Staff stated soil which was exposed for more than 21 days with no construction activity would be sodded, mulched or revegetated in accordance with the code. Staff stated the proposed northern collector street, Avoyelles Boulevard, would be built to a full collector street standard, 36-feet of pavement within a 60-foot right of way. Staff stated if the median was used the street design would be sufficient in width to allow three lanes of traffic at Rushmore Avenue. 12 January 18, 2007 SUBDIVISION ITEM NO.: C (Con FOXWO161W511101I111I Staff stated there had been a number of conversations concerning the grade of Rushmore Avenue. Staff stated the street would be constructed to a collector standard and no variances were being requested with regard to street grade. Staff stated the grade of the new street would be much improved over the grade of the existing tie-in between new Rushmore and Cooper Orbit Road. Staff stated the new grade would be more shallow than the existing grade, providing for a less steep road. Staff stated there would be a crown area at the top of the hill which was designed to help reduce build up of ice in cold weather. Staff stated the sight distance of the new road would be much improved over the existing conditions. Staff stated the new road would be much wider than the existing Cooper Orbit Road and would have the added benefit of curb and gutter. Staff stated as indicated in the agenda package staff had concerns with the buildability of proposed Lot 29, Block 7. Staff stated they felt this lot should be removed from the proposed plat area and included in the abutting tract located to the north. Staff stated the plat indicated a variance request for increased street grades at intersections. Staff stated the street grades along the collector street had been indicated meeting ordinance requirements but a number of the minor residential streets had an increased street grade. Staff stated they were supportive of the variance request. Staff stated the streets would be developed as minor residential streets which would have low volumes of traffic and should not significantly impact the area. Staff stated the plat indicated the placement of a 15-foot building line adjacent to Lot 6, Block 3, Lots 6 — 10, Block 12 and Lots 29 — 32 Block 7. Staff stated the lots had a significant slope which the developer had indicated would qualify for hillside development standards. Staff stated the hillside development standards required a slope greater than 18 percent and a minimum lot size of 10,000 square feet. Staff stated the lots proposed did not meet the minimum lot size requirement. Staff stated the lots would require a building line variance to allow the development as proposed. Staff stated they were supportive of the variance request. Staff stated they did not feel the variance to allow a reduced building line would adversely impact the area. Mr. Andy Francis addressed the Commission as the applicant. He stated the developers were willing to remove the lot as indicated by staff and amend their application request eliminating the lot (Lot 29, Block 7). Mr. Ross Phillips addressed the Commission with concerns. He stated he was concerned with the proposed development and the impact the development would have on the neighborhood's lakes. He stated the quality of the lake and the impact on the dam were concerns of his and the entire neighborhood. He stated he desired the developers to explain the changes proposed with regard to detention and how the detention would work. 13 January 18, 2007 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1100-1 Mr. Tom Lewis addressed the Commission in opposition of the request. He stated the neighborhood had not been given the opportunity to review the proposed changes. He stated the detention did not address the new streets and roads which were proposed with the development. He stated the quality of the lake was the majority of the value of the homes in the area. He stated without proper controls and measures the quality of the lake could be destroyed. Mr. Leroy Arnold addressed the Commission in opposition of the request. He stated he was aware the developers were following the rules of the ordinances but the cumulative effect of development was not being considered. He stated as additional surfaces were hardened run-off was increased. He stated another concern was the existing roadway and the grade of the proposed roadway. He stated presently residents could not get into the neighborhood in bad weather. He stated the road was proposed with a 12 percent grade which was a steep grade. He stated federal design standards allowed for a maximum 8 percent grade. He stated long grades caused cars to lose momentum. He stated with the grade and the distance cars would not be able to get into the valley. He stated the rock was shale and easily removable to decrease the grade of the road. He requested the Commission require the developer to construct the new road with a maximum of 10 percent grade and preferably an 8 percent grade. Ms. Anita Spence addressed the Commission in opposition of the request. She stated the neighborhood was opposed to the intensity of building on the hillside. She stated the neighborhood only had one way in and out during bad weather and it was important the road was designed and constructed to allow residents to access the neighborhood in bad weather. Mr. Andy Francis addressed the Commission. He stated there was currently an approved preliminary plat for the site. He also stated he felt the plat as currently proposed was a better plat than the previous approval. He stated the plat currently under consideration had been revised to address staffs concerns. Mr. Tim Daters of White Daters and Associates addressed the Commission on the engineering aspects of the proposed plat. He stated to decrease the grade from 12 to 8 percent would result in a 15 foot cut. He stated presently the trees on both sides of the road precluded the road from thawing. He stated with the new road curb and gutter would be added which would channel the water to the sides. He stated the new road would be a wider road. He stated presently the road was 20 feet and the new road would be 36-feet. He also stated a crown would be added to the new road to shed water. He stated the drainage basin which fed the Spring Valley Manor Lake was 540 acres. He stated this development was only 27 acres of the overall drainage basin. He stated detailed drainage plans had not been completed and were not required at this point in the approval process. He stated the detailed design would be submitted with final platting. 14 January 18, 2007 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1100-1 There was a general discussion of the Commission as to the grade of the existing roadway and the requirements of the Master Street Plan. Mr. Daters stated presently the road was notched into the side of the hill and the new road would go over the hill. He stated with the wider road it was not possible to notch the road into the hill as was previously constructed. Commissioner Adcock questioned Mr. Daters as to if he would build the road with a reduced grade. Mr. Daters stated he could not commit to an 8 percent grade but the developer would commit to constructing the road was as minimum grade as possible. Commissioner Yates questioned the street naming configuration. Mr. Francis stated the developers were willing to change the name of the street back to Cooper Orbit Road if this was the desire of the Commission. The Commission questioned Mr. Baker Kurrus as to his position of the proposed plat. He stated his concern was the timing of the closure of Cooper Orbit Road. He stated staff had informed him that the road would not be closed until access through Tract C was constructed. He stated he was supportive of this proposal. The Commission questioned who would be responsible for storm water. Mr. Francis stated the developer would apply for and hold all permits regarding storm water. He stated the developers would regulate storm water run-off and had hired a professional engineer to design and monitor the proposed storm water plan. Commissioner Yates stated citizen could call the City's new 311 system with any comments and concerns and particularly if the silt fences were found to not be in place for the development. A motion was made to approve the request. The motion carried by a vote of 8 ayes, 2 noes and 1 absent. 15 ITEM NO.: 1 S-1100-1 NAME: Capitol Lakes Estates Preliminary Plat LOCATION: located on Cooper Orbit Road, South of Capitol Hills Boulevard 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 October 11, 2006. The Office of Planning and Development must receive the proof of notice no later than October 20, 2006. 2. The street name Cooper Orbit Road is incorrect. The correct street name is Rushmore Avenue. 3. Rushmore Avenue is a collector street. A 30-foot building line is typically required adjacent to a collector street classification. 4. A Collector has been indicated on the Master Street Plan to the west through this site. The proposed plat does not indicate this collector street. 5. Agreements were made to allow a connection of a collector street classification or higher from this area to the properties to the east. The proposed plat does not indicate this connection. 6. Provide the source of title of the landowner in the general notes section of the proposed preliminary plat. 7. Will there be a subdivision identification sign? If so provide the location of the sign along with details of the height/length and identification area. Variance/Waivers: 1. A variance to allow an increased street grade at intersections. (Section 31-204) 2. A variance to allow a reduced front building line for Lots 5, 16 Block 4, Lots 9, 10, 29 - 32 Block 14. (Section 31-256) 3. A variance to allow a reduced front building line adjacent to a collector street. [Section 31-256(1)] 4. A variance to allow lots without public street frontage Lots 7 — 9 Block 8. (Section 31- 231) 5. A variance to allow a reduced lot depth for Lots 6 — 14 Block 14. [Section 31-232(a)] Public Works Conditions: 1. Provide documentation showing the proposed streets provide adequate Intersection Sight Distance (for all intersections). Calculations must be done in accordance with the 2004 AASHTO Green Book. 2. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379- 1813 (Steve Philpott) for more information regarding streetlight requirements. 3. For properties adjoining intersections, Section 32-8 of the Little Rock Traffic Item # 1 Ordinance prohibits construction of any sign or fence, planting shrubbery or other obstruction to the view higher than 30 inches within that triangular area between the property line and a diagonal line joining points on the property line fifty (50) feet from point of their intersection. For exceptions and/or more information about the ordinance, contact Traffic Engineering at (501) 379-1817. 4. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance must be obtained for grading of lots prior to plat approval or advance grading of a future phase. 5. Storm water detention ordinance applies to this property. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 9. Staff does not support variance request to exceed the street and intersection grade limits required by the Master Street Plan as proposed on this plan. Proposed intersection grades must have a vertical alignment of 3% or less per 2004 AASHTO Green Book. Intersection grades can be in excess of 3%, up to 6% if justification is provided. The Master Street Plan allows street grades to be a maximum 15% for residential streets and 16% for minor residential streets. 10.The name "Dover" for a street name is already in use. Another name should be chosen. Contact David Hathcock at 371-4808 for additional information. 11. With site development, provide design of street conforming to the Master Street Plan. Construct full street improvements to Rushmore Avenue (Cooper Orbit Road) including 5-foot sidewalks with planned development to meet the Master Street Plan standards. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required, with easements. 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. Easements will be required for any water mains that are outside public rights of way. If there are facilities that need to be adjusted and/or relocated, contact Central Item # I Arkansas Water. That work would be done at the expense of the developer. 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. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. 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 (to include the additional information as noted above) to staff on Wednesday, October 11, 2006. Item # I FILE NO.: S-1100-1 NAME: Capitol Lakes Estates Preliminary Plat and the Abandonment of Cooper Orbit Road LOCATION: Located on Cooper Orbit Road, South of Capitol Hills Boulevard DEVELOPER: Jay DeHaven P.O. Box 13256 Maumelle, AR 72113 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 85.5 Acres CURRENT ZONING PLANNING DISTRICT NUMBER OF LOTS: 199 R-2, Single-family 18 — Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: FT. NEW STREET: 14,900 1. A variance to allow a reduced front building line 15-feet for Lots 6 — 14 Block 14. (Section 31-256) 2. A variance to allow a reduced front building line adjacent to a collector street. [Section 31-256(1)] 3. A variance to allow a reduced lot depth for Lots 6 —14 Block 14. [Section 31-232(a)] 4. A variance to allow double frontage lots for Lots 30 — 32 Block 9. BACKGROUND: On June 20, 1996, the Planning Commission approved a preliminary plat for the development of 190.624 acres with 318 single-family lots. Subsequently, two final plats have been filed for the previously approved plat area. A tract totaling 39.84 acres which included 103 single-family lots and a PD-R for Governors Manor was final platted which contained 9.42 acres and 45 zero lot line single-family lots. Rushmore Avenue and Capitol Hills Boulevard have also been constructed. FILE NO.: S-1100-1 (Cont. In October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The area damaged was located along the western and southern perimeters of Phase 1 (Lot 1) of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area. The restoration plan included plantings in the area previously designated as the land use buffer area be replanted at double the plantings required by the landscape ordinance. This included the area to the south and the west on Lot 1 of the apartment development located to the north of this site. The approval included planting of all trees of three inch caliper and additional 30-feet of land to the south was to be retained in a conservation easement and the 30-feet along with the buffer remaining on Lot 2 of the apartment development be combined with a tract designated south of Lot 3 to ensure the buffer would be maintained in the future. A. PROPOSAUREQUEST: The applicant is now requesting an amendment to the previously approved preliminary plat for the portion located south of the intersection of Capitol Hills Boulevard and Rushmore Avenue. The project contains 85.5 acres and the request includes the area to be subdivided into 200 single-family residential lots. An average lot size of 80-feet by 130-feet or 10,400 square feet is proposed. The request includes several variance request; A variance to allow a 15-foot front building line for Lots 6 — 14, Block 14 and Lots 29 - 32, Block 9; A variance to allow a 25-foot building line adjacent to a collector street for Lots 1 and 2, Block 9, Lots 1, 8, 9 and 10, Block 11, Lots 1, 5, 6, Block 12, Lots 1, 5 and 6 Block 13, Lots 30 — 32 Block 9; A variance to allow a reduced lot depth for Lots 6 — 14, Block 14; A variance request to allow double frontage lots for Lots 30 — 32 Block 9. Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed. B. EXISTING CONDITIONS: The site is tree covered with heavy woods surrounding the site. The property is currently zoned R-2, Single-family. The Spring Valley Manor Subdivision is located south of the site and an apartment development is located to the north of the plat area. Capitol Hills Boulevard and Rushmore Avenue have been constructed to the north of the area. There are new single-family homes currently under construction to the north of the proposed site in the Governor's Manor Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. The Spring Valley Manor Neighborhood Association along with 2 FILE NO.: S-1100-1 (Cont.) all residents, who could be identified, within 300 feet of the site, and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Provide documentation showing the proposed streets provide adequate Intersection Sight Distance (for all intersections). Calculations must be done in accordance with the 2004 AASHTO Green Book. 2. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 3. For properties adjoining intersections, Section 32-8 of the Little Rock Traffic Ordinance prohibits construction of any sign or fence, planting shrubbery or other obstruction to the view higher than 30 inches within that triangular area between the property line and a diagonal line joining points on the property line fifty (50) feet from point of their intersection. For exceptions and/or more information about the ordinance, contact Traffic Engineering at (501) 379-1817. 4. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance must be obtained for grading of lots prior to plat approval or advance grading of a future phase. 5. Storm water detention ordinance applies to this property. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 9. Staff does not support variance request to exceed the street and intersection grade limits required by the Master Street Plan as proposed on this plan. Proposed intersection grades must have a vertical alignment of 3% or less per 2004 AASHTO Green Book. Intersection grades can be in excess of 3%, up to 6% if justification is provided. The Master Street Plan allows street grades to be a maximum 15% for residential streets and 16% for minor residential streets. 3 FILE NO_: S-1100-I Cont.) 10. The name "Dover" for a street name is already in use. Another name should be chosen. Contact David Hathcock at 371-4808 for additional information. 11. With site development, provide design of street conforming to the Master Street Plan. Construct full street improvements to Rushmore Avenue (Cooper Orbit Road) including 5-foot sidewalks with planned development to meet the Master Street Plan standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. Easements will be required for any water mains that are outside public rights of way. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Plannin : No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues al FILE NO.: S-1100-I(Cont.) associated with the request. Staff stated the street names were incorrect on the plat and requested the applicant rename Cooper Orbit Road to Rushmore Avenue. Staff also stated the plat did not indicate the required building line adjacent to a collector street. Staff noted there were a number of variances being requested for the proposed development. Staff stated the variances had not been requested with the initial application request and requested the applicant update the variance request form. Staff questioned if a subdivision identification sign would be placed within the development. Staff stated if the development was proposing a subdivision sign, the applicant should provide the location of the sign along with a note concerning the total height, total length and total sign area. Public Works comments were addressed. Staff stated they were not supportive of the variance request for the increased street grades at intersections. Staff also stated a grading permit would be required prior to the development of the proposed subdivision. Staff noted the street construction for Rushmore Avenue should conform to the Master Street Plan requirements for a collector street. Staff noted there were concerns with the proposed plat from an adjoining property owner. Staff stated previous agreements had indicated the placement of a collector street from the east connecting to Rushmore Avenue. Staff stated this location had not been "pinned down" but was located within the eastern portion of the plat area or with the proposed Planned Residential Development area for Tract C, which was a separate item on this agenda (Z-6120-M). Staff requested the applicant meet with the adjoining property owner to determine the best location for access to the future phases of the Woodlands Edge Subdivision to allow connectivity in the area. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. 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 some of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has renamed Cooper Orbit Road to Rushmore Avenue, indicated a 30-foot building line adjacent to Rushmore Avenue, and indicated the requested variances. The revised plat does not include the placement of a subdivision identification sign and the applicant has indicated signage is not being requested. A number of the previously indicated variances have been removed from the request. The plat does indicate a variance to allow a reduced lot depth for eight of the proposed lots. Lots 6 — 8 and 10 — 14, Block 14 have been indicated with a depth less than the typically required 100-foot depth. The lots have also been indicated with a reduced front building line, 15-feet along Lot 10, Block 14 and Lots 29 - 32, Block 9. The request is to allow the development of these lots utilizing the Hillside Development Standards per Section 31-367. This criteria W- FILE NO.: S-1100-1 (Cont. requires the developer to provide the average slope of the development to calculate the minimum lot size. The ordinance also requires no lot be less than ten thousand square feet. The proposed lots do not meet the minimum lot area requirement. The request also includes a variance to allow a reduced building line adjacent to a collector street, Lincoln Street. Typically the building line adjacent to a collector street is 30-feet. The proposed plat indicates the placement of a 25-foot building line. The plat includes a variance to allow double frontage lots for Lots 30 — 32 Block 9. These lots include the placement of a 10-foot restrictive access easement along the rear lot line to limit the number of curb cuts. Lincoln Street and Rushmore Avenue have been indicated constructed to Collector Street standard per Master Street Plan. The remaining streets are indicated as residential (50-feet of right-of-way) or minor residential streets (45-feet of right-of-way) which will be constructed to Master Street Plan standard. The plan indicates Phoenix Street extending to the eastern boundary of the plat area. The street is indicated as a residential street with a 50-foot right-of-way and 26-feet of paving. Based on the currently undeveloped property located to the east of this proposed development, staff feels this street should be constructed to a collector standard with a 60-foot right-of-way and 36-feet of pavement. Per the Master Street Plan Section 2: Road Classifications — Street Functional Classifications — Collector — (Paragraph 2) - "The spacing of Collectors may be decreased and/or the right of way and paving surface increased due to density of residential development and the locations of commercial areas or other large traffic generators. At the time of the subdivision, the exact location and additional need for Collectors will be determined by the Little Rock Planning Commission upon advice by City Staff." Also Section 31-201(b) states "the street layout should be appropriate for the type of development proposed and properly integrated with the street system in the area adjoining the subdivision. The layout shall also conform to the existing and proposed land uses and the most advantageous development pattern of the surrounding area". Staff feels this additional collector street is necessary to serve future developable lands located to the east of the site. The proposed preliminary plat indicates the placement of trails and tracts dedicated as open space within the development. The proposed open space tracts and trails will be maintained by the Property Owners Association through the Bill of Assurance. As stated in the Background Section of this report, in October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The buffer that was removed was located along the western and southern perimeters of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area which E^ FILE NO.: S-1100-I Cont. included plantings of the previously designated land use buffer with double the plantings required by the landscape ordinance. This included the area to the south and the west of the apartment development. The plan included planting of all trees of three inch caliper and additional 30-feet of land to the south (land located within the current proposed plat area) was to be retained in a conservation easement and the 30-feet along with the buffer remaining on Lot 2 of the apartment development be combined with a tract designated south of Lot 3 also of the apartment development to ensure the buffer would be maintained in the future. The plat as proposed does not appear to comply with this previous agreement or approval. The plat indicates the placement of a 30-foot buffer within the apartment development but does not include the additional 30-feet as agreed coming from this plat area. If viewing the proposed plat layout the affected lots are Lots 20 — 28 Block 9. Staff feels the proposed lots should be redesigned to reduce the lot depth by the previously agreed to 30-feet. Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed. Staff has concerns with the abandonment of the right of way with the current request. The new street has not been constructed. Staff feels the abandonment should not take place until the new access is constructed after which the abandonment may be requested. Staff is supportive of the proposed subdivision but has concerns with the number of outstanding issues associated with the request. The request includes the development of 85.54 acres with 200 single-family lots resulting in a density of 2.3 units per acre. Staff feels the developer should address staff's concerns regarding street design and construction, address the previously agreed to reduction in the plat area along the northwestern perimeter of the property and providing access to property located to the east in the form of a collector street to serve future development. AFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 7 FILE NO.: S-1100-I Cont. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present. There were a number of objectors present. The applicant requested a deferral of the item to the January 19, 2007, public hearing to allow this item to be discussed with the previous item Capitol Lakes Estates Tract C Long -form PD-R (Z-6120-M) and Right of Way abandonment for Cooper Orbit Road, located on the Southeast corner of Capitol Hills Boulevard and Cooper Orbit Road. There was no further discussion of the item. A motion was made to defer the item. The motion carried by a vote of 10 ayes 0 noes and 0 absent. STAFF UPDATE: The applicant has submitted the following amendment and details concerning the proposed application request. The applicant is withdrawing Item No. B. File No. Z-6120-M, the PD-R for Tract C of Capitol Lakes Estates. The property will be combined with this item (Item No. C File No. 5-1100-1) and will be presented as a single item, all of which will be a subdivision plat for R-2 zoned property with no rezoning required. In addition, the applicant makes the following amendments to this item (File No. S-1100-1), which now includes Tract C: 1. The applicant is revising Tract C as follows: a. The applicant will construct an east -west street to collector standard through Tract C from Rushmore Avenue east, terminating at the common boundary line between Tract C and Rocket Properties' Woodlands Edge subdivision. The north right of way line of the collector will be approximately 105 feet from, and parallel to, the north boundary line of Tract C. The applicant will construct the collector with the development of either of the tracts shown on the revised plat of Tract C. b. The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C. The abandonment of this right of way will not take place until the construction and final platting of the collector street, but this will not prevent the applicant from developing the balance of Tract C with the construction of the Collector street. c. The applicant is requesting the City also abandon 15-feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. This additional distance is not needed on the eastern edge of the right of way by Tract C. After abandoning 15 feet of the right of way the eastern right of way will still conform to Collector standards. The applicant will use the additional 15 feet to increase lot depths on Tract C and to create an undeveloped tract between any lots on N FILE NO.: S-1100-1 (Cont. Tract C and Rushmore Avenue, thus eliminating any need for variances for double frontage lots along Rushmore Avenue. d. The applicant is requesting an advanced grading variance for Tract C and the applicant is preparing a grading plan for Tract C to provide more detailed information on the advanced grading request. e. The remainder of Tract C is shown as two tracts for future development. After final approval of the amendments to Tract C, the applicant anticipates filing an amended subdivision application for the development of each tract. 2. The applicant is revising Phase 2 as follows: a. With the platting of the Collector street through Tract C, the applicant will not construct Phoenix Street in Phase 2 of Capitol Lakes Estates to Collector standard. Phoenix Street will be constructed to minor residential street standard. Also, Phoenix Street will not stub out on the eastern boundary line of Phase 2, but will be looped, running to the south. b. The applicant will revise the Phase 2 plat to clearly indicate that the additional 30 foot undisturbed buffer taken from Phase 2 adjacent to the common boundary line of Lot 1, Capitol Hills Apartments. c. The applicant has prepare a sketch grading and drainage plan for the portion of Phase 2 which drains south into the Spring Valley Manor subdivision. d. The applicant has removed all variances from Phase 2 except for some minor street grade variances shown on the revised plat. The revised preliminary plat has removed a number of the previously indicated variance requests. The revised plan indicates the placement of a 30-foot building line adjacent to the proposed collector streets and removed all proposed double frontage lots. The site plan clearly identifies the previously agreed to buffer along the boundary of Lots 23 — 28, Block 7 of the Capitol Lakes Estates Subdivision. The buffer has not been included as a tract as was a part of the previous agreement. Staff recommends the buffer be set aside in a tract to ensure the buffer remains in perpetuity. The development is proposed to be a phased development. The plat indicates a reduced building line for Lot 6, Block 3, Lots 6 — 10, Block 12, Lots 29 — 32, Block 7. The lots have a significant slope which the developer has indicated would qualify for hillside development standards. The hillside development standards require slopes greater than eighteen percent and a minimum lot area of 10,000 square feet. The indicated lots do not qualify for utilization of the hillside development standards since the lots do not meet the minimum lot size requirement. Staff is supportive of the variance request to allow a reduced building line on the proposed lots. Staff does not feel the reduced building line as proposed will negatively impact the development or the area. The proposed plat indicates a single lot with a depth less than the typical minimum ordinance standard. Proposed Lot 29, Block 7 is indicated along the northern lot line E FILE NO.: S-1100-1 (Cont. with a depth of 74 feet. The lot also has a large easement located along the western boundary. In staff's opinion the lot does not appear buildable. Staff recommends the lot be removed or the applicant provides staff with a buildable area for a proposed structure to ensuring the buildability of the proposed lot. The proposed plat indicates a variance request for increased street grades at intersections. The street grades along the collector streets have been indicated meeting ordinance requirements but a number of the minor residential streets have an increased street grade. Staff is supportive of the proposed increased street grade at the indicated intersections. The streets will be developed as minor residential streets which will have low volumes and should not significantly impact the development or the area. The development of Tract C has been reviewed by staff and they feel the placement of the Collector Street as proposed is adequate to serve future development in the area. Staff is no longer requesting a collector street along the southern portion of the proposed plat area (Phoenix Street). The collector street through Tract C has been indicated with a 60-foot right of way and 31 feet of pavement. Woodlands Edge located to the east of the subdivision has been constructed to this design standard but no access to the street was taken. Staff recommends if access to the street is proposed by any future development the street be constructed with 36-feet of pavement from back of curb to back of curb consistent with street design construction per the Master Street Plan. The Collector Street has also been indicated with a median and the appearance of gates. Staff is not supportive of the proposed median in this location. The street is a collector street and should function as such. Staff feels the placement of the median will constrict traffic flows in the area creating safety concerns. The applicant submitted a sketch grading and drainage plan for the subdivision. Staff is still reviewing the data provided and will provide a recommendation of the proposed detention and drainage plan at the public hearing. The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C and the remainder of the proposed subdivision. The abandonment of this right of way will not take place until the construction and final platting of the collector street through Tract C and portions of roadways to maintain access to Spring Valley Manor. The maintenance of access to the adjoining subdivision does not prevent the applicant from developing the balance of Tract C with the construction of the Collector Street. Staff is supportive of the abandonment request as long as access to Spring Valley Manor from the north is maintained throughout the development of the proposed subdivision and the subsequent phases. The applicant is requesting the City abandon 15-feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. Tract C does not need this additional distance on the eastern edge of the right of way. After abandoning the 15 feet of the right of way Rushmore Avenue will still have sufficient right of way to conform to Collector standards. Staff is supportive of the 10 FILE NO.: S-1100-1 (Cont. request. Rushmore Avenue has been constructed and staff does not feel it necessary for the City to retain the additional right of way which was previously dedicated. The request includes an advanced grading variance for Tract C. The applicant has provided staff with a grading plan for Tract C to detail the advanced grading request. The developers have indicated the grading is necessary for construction of the proposed collector street to reduced the need to move dirt into and out of the site. The advanced grading plan currently indicates all grading activities will take place on the site after which the developer will reseed the site per the minimum ordinance requirements. The developer also indicates Tract C is shown as two tracts, Tract C-1 and C-2 to be held for future development. After final approval of the street construction located within Tract C, the applicant anticipates filing an amended subdivision request for the development of each tract. Staff is supportive of the proposed advanced grading request. Staff cannot provide a recommendation since they are still reviewing the data provided for the proposed detention and drainage plan. Staff will provide a recommendation to the Commission at the public hearing. PLANNING COMMISSION ACTION: (JANUARY 18, 2007) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff stated the applicant had addressed their concerns with regard to detention and drainage and a number of previously remaining outstanding issues. Staff stated the proposed plat included the subdivision of 85.54 acres into 201 single= family residential lots. The average lot size proposed was 80-feet by 130-feet or 10,400 square feet. The development was proposed in 12 phases. Staff stated there were a few variances being requested as a part of the platting request. Staff stated the variances included one lot with a reduced lot depth, fourteen lots with a reduced building line and several locations with an increased street grade at intersections. Staff stated these variances were all located at residential street standard intersections. Staff stated the applicant had satisfied staff's concerns related to detention and drainage and staff stated they were supportive of the applicant's indicated plan. Staff stated the applicant had indicated the detention located along the southern perimeter of the site would be utilized as permanent detention storage areas. Staff recommended these areas be identified as easements to ensure the areas were maintained. Staff stated the detention areas indicated within the proposed plat area would be maintained as temporary detention basins. Staff stated some of the temporary basins would be maintained after final platting to help manage storm water runoff into the construction phase of the single-family residences of the development. Staff stated the developers had also retained the engineering firm of FTN Associates to assist in the design and monitoring of water quality and erosion control measures for the Capitol Lakes Estates 11 FILE NO.: S-1100-I Cont. subdivision for expert advice in the design of the structures both temporary and permanent to ensure compliance with City, State and Federal regulations. Staff stated based on their review the downstream structures appeared to be adequate with the exception of a couple of pipes under driveways on Cooper Orbit Road. Staff stated the applicant had indicated they planned to perform improvements to these drainage structures. Staff stated the applicant would further assure the discharge from Capitol Lakes Estates would not flood any structures in Spring Valley Manor. Staff stated presently Spring Valley Manor utilized open ditches for drainage and flooding of yards was already a problem in the neighborhood. Staff stated the applicant was not making any assurances to address the current flooding problem only to ensure no additional flooding problems would occur. Staff stated the wall height on Tract C would be a maximum of 15-feet. Staff stated the proposed slope would not exceed minimum ordinance standards or a 3:1 slope. Staff stated the grading and clearing of the site would not take place until a preliminary plat was approved for the site and construction was imminent. Staff stated the grading permit would include advanced grading of the site including the clearing of the lots with the construction of the streets and drainage. Staff stated erosion controls would be installed prior to the start of work. Staff stated per the Land Alteration Ordinance open areas not planned for immediate use would be seeded or sodded. Staff stated soil which was exposed for more than 21 days with no construction activity would be sodded, mulched or revegetated in accordance with the code. Staff stated the proposed northern collector street, Avoyelles Boulevard, would be built to a full collector street standard, 36-feet of pavement within a 60-foot right of way. Staff stated if the median was used the street design would be sufficient in width to allow three lanes of traffic at Rushmore Avenue. Staff stated there had been a number of conversations concerning the grade of Rushmore Avenue. Staff stated the street would be constructed to a collector standard and no variances were being requested with regard to street grade. Staff stated the grade of the new street would be much improved over the grade of the existing tie-in between new Rushmore and Cooper Orbit Road. Staff stated the new grade would be more shallow than the existing grade, providing for a less steep road. Staff stated there would be a crown area at the top of the hill which was designed to help reduce build up of ice in cold weather. Staff stated the sight distance of the new road would be much improved over the existing conditions. Staff stated the new road would be much wider than the existing Cooper Orbit Road and would have the added benefit of curb and gutter. Staff stated as indicated in the agenda package staff had concerns with the buildability of proposed Lot 29, Block 7. Staff stated they felt this lot should be removed from the proposed plat area and included in the abutting tract located to the north. Staff stated the plat indicated a variance request for increased street grades at intersections. Staff stated the street grades along the collector street had been indicated meeting ordinance requirements but a number of the minor residential streets 12 FILE NO.: S-1100-1 (Cont.) had an increased street grade. Staff stated they were supportive of the variance request. Staff stated the streets would be developed as minor residential streets which would have low volumes of traffic and should not significantly impact the area. Staff stated the plat indicated the placement of a 15-foot building line adjacent to Lot 6, Block 3, Lots 6 — 10, Block 12 and Lots 29 — 32 Block 7. Staff stated the lots had a significant slope which the developer had indicated would qualify for hillside development standards. Staff stated the hillside development standards required a slope greater than 18 percent and a minimum lot size of 10,000 square feet. Staff stated the lots proposed did not meet the minimum lot size requirement. Staff stated the lots would require a building line variance to allow the development as proposed. Staff, stated they were supportive of the variance request. Staff stated they did not feel the variance to allow a reduced building line would adversely impact the area. Mr. Andy Francis addressed the Commission as the applicant. He stated the developers were willing to remove the lot as indicated by staff and amend their application request eliminating the lot (Lot 29, Block 7). Mr. Ross Phillips addressed the Commission with concerns. He stated he was concerned with the proposed development and the impact the development would have on the neighborhood's lakes. He stated the quality of the lake and the impact on the dam were concerns of his and the entire neighborhood. He stated he desired the developers to explain the changes proposed with regard to detention and how the detention would work. Mr. Tom Lewis addressed the Commission in opposition of the request. He stated the neighborhood had not been given the opportunity to review the proposed changes. He stated the detention did not address the new streets and roads which were proposed with the development. He stated the quality of the lake was the majority of the value of the homes in the area. He stated without proper controls and measures the quality of the lake could be destroyed. Mr. Leroy Arnold addressed the Commission in opposition of the request. He stated he was aware the developers were following the rules of the ordinances but the cumulative effect of development was not being considered. He stated as additional surfaces were hardened run-off was increased. He stated another concern was the existing roadway and the grade of the proposed roadway. He stated presently residents could not get into the neighborhood in bad weather. He stated the road was proposed with a 12 percent grade which was a steep grade. He stated federal design standards allowed for a maximum 8 percent grade. He stated long grades caused cars to lose momentum. He stated with the grade and the distance cars would not be able to get into the valley. He stated the rock was shale and easily removable to decrease the grade of the road. He requested the Commission require the developer to construct the new road with a maximum of 10 percent grade and preferably an 8 percent grade. Ms. Anita Spence addressed the Commission in opposition of the request. She stated the neighborhood was opposed to the intensity of building on the hillside. She stated the neighborhood only had one way in and out during bad weather and it was important 13 FILE NO.: S-1100-1 (Cont. the road was designed and constructed to allow residents to access the neighborhood in bad weather. Mr. Andy Francis addressed the Commission. He stated there was currently an approved preliminary plat for the site. He also stated he felt the plat as currently proposed was a better plat than the previous approval. He stated the plat currently under consideration had been revised to address staff's concerns. Mr. Tim Daters of White Daters and Associates addressed the Commission on the engineering aspects of the proposed plat. He stated to decrease the grade from 12 to 8 percent would result in a 15 foot cut. He stated presently the trees on both sides of the road precluded the road from thawing. He stated with the new road curb and gutter would be added which would channel the water to the sides. He stated the new road would be a wider road. He stated presently the road was 20 feet and the new road would be 36-feet. He also stated a crown would be added to the new road to shed water. He stated the drainage basin which fed the Spring Valley Manor Lake was 540 acres. He stated this development was only 27 acres of the overall drainage basin. He stated detailed drainage plans had not been completed and were not required at this point in the approval process. He stated the detailed design would be submitted with final platting. There was a general discussion of the Commission as to the grade of the existing roadway and the requirements of the Master Street Plan. Mr. Daters stated presently the road was notched into the side of the hill and the new road would go over the hill. He stated with the wider road it was not possible to notch the road into the hill as was previously constructed. Commissioner Adcock questioned Mr. Daters as to if he would build the road with a reduced grade. Mr. Daters stated he could not commit to an 8 percent grade but the developer would commit to constructing the road was as minimum grade as possible. Commissioner Yates questioned the street naming configuration. Mr. Francis stated the developers were willing to change the name of the street back to Cooper Orbit Road if this was the desire of the Commission. The Commission questioned Mr. Baker Kurrus as to his position of the proposed plat. He stated his concern was the timing of the closure of Cooper Orbit Road. He stated staff had informed him that the road would not be closed until access through Tract C was constructed. He stated he was supportive of this proposal. The Commission questioned who would be responsible for storm water. Mr. Francis stated the developer would apply for and hold all permits regarding storm water. He stated the developers would regulate storm water run-off and had hired a professional engineer to design and monitor the proposed storm water plan. Commissioner Yates stated citizen could call the City's new 311 system with any comments and concerns and particularly if the silt fences were found to not be in place for the development. 14 FILE NO.: S-1100-1 A motion was made to approve the request. The motion carried by a vote of 8 ayes, 2 noes and 1 absent. 15 FILE NO.: S-1100-1 NAME: Capitol Lakes Estates Preliminary Plat and the Abandonment of Cooper Orbit Road LOCATION: Located on Cooper Orbit Road, South of Capitol Hills Boulevard DEVELOPER: Jay DeHaven P.O. Box 13256 Maumelle, AR 72113 FNr,INFFR- White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 85.5 Acres CURRENT ZONING: PLANNING DISTRICT: CENSUS TRACT: NUMBER OF LOTS: 199 R-2, Single-family 18 — Ellis Mountain 42.07 VARIANCESNVAIVERS REQUESTED: FT. NEW STREET: 14,900 1. A variance to allow a reduced front building line 15-feet for Lots 6 — 14 Block 14. (Section 31-256) 2. A variance to allow a reduced front building line adjacent to a collector street. [Section 31-256(1)] 3. A variance to allow a reduced lot depth for Lots 6 — 14 Block 14. [Section 31-232(a)] 4. A variance to allow double frontage lots for Lots 30 — 32 Block 9. BACKGROUND: On June 20, 1996, the Planning Commission approved a preliminary plat for the development of 190.624 acres with 318 single-family lots. Subsequently, two final plats have been filed for the previously approved plat area. A tract totaling 39.84 acres which included 103 single-family lots and a PD-R for Governors Manor was final platted which contained 9.42 acres and 45 zero lot line single-family lots. Rushmore Avenue and Capitol Hills Boulevard have also been constructed. FILE NO.: S-1100-1 (Cont. In October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The area damaged was located along the western and southern perimeters of Phase 1 (Lot 1) of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area. The restoration plan included plantings in the area previously designated as the land use buffer area be replanted at double the plantings required by the landscape ordinance. This included the area to the south and the west on Lot 1 of the apartment development located to the north of this site. The approval included planting of all trees of three inch caliper and additional 30-feet of land to the south was to be retained in a conservation easement and the 30-feet along with the buffer remaining on Lot 2 of the apartment development be combined with a tract designated south of Lot 3 to ensure the buffer would be maintained in the future. A. PROPOSAUREQUEST: The applicant is now requesting an amendment to the previously approved preliminary plat for the portion located south of the intersection of Capitol Hills Boulevard and Rushmore Avenue. The project contains 85.5 acres and the request includes the area to be subdivided into 200 single-family residential lots. An average lot size of 80-feet by 130-feet or 10,400 square feet is proposed. The request includes several variance request; A variance to allow a 15-foot front building line for Lots 6 — 14, Block 14 and Lots 29 - 32, Block 9; A variance to allow a 25-foot building line adjacent to a collector street for Lots 1 and 2, Block 9, Lots 1, 8, 9 and 10, Block 11, Lots 1, 5, 6, Block 12, Lots 1, 5 and 6 Block 13, Lots 30 — 32 Block 9; A variance to allow a reduced lot depth for Lots 6 — 14, Block 14; A variance request to allow double frontage lots for Lots 30 — 32 Block 9. Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed. B. EXISTING CONDITIONS: The site is tree covered with heavy woods surrounding the site. The property is currently zoned R-2, Single-family. The Spring Valley Manor Subdivision is located south of the site and an apartment development is located to the north of the plat area. Capitol Hills Boulevard and Rushmore Avenue have been constructed to the north of the area. There are new single-family homes currently under construction to the north of the proposed site in the Governor's Manor Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. The Spring Valley Manor Neighborhood Association along with K FILE NO.: S-1100-1 (Cont. all residents, who could be identified, within 300 feet of the site, and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Provide documentation showing the proposed streets provide adequate Intersection Sight Distance (for all intersections). Calculations must be done in accordance with the 2004 AASHTO Green Book. 2. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 3. For properties adjoining intersections, Section 32-8 of the Little Rock Traffic Ordinance prohibits construction of any sign or fence, planting shrubbery or other obstruction to the view higher than 30 inches within that triangular area between the property line and a diagonal line joining points on the property line fifty (50) feet from point of their intersection. For exceptions and/or more information about the ordinance, contact Traffic Engineering at (501) 379-1817. 4. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance must be obtained for grading of lots prior to plat approval or advance grading of a future phase. 5. Storm water detention ordinance applies to this property. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 9. Staff does not support variance request to exceed the street and intersection grade limits required by the Master Street Plan as proposed on this plan. Proposed intersection grades must have a vertical alignment of 3% or less per 2004 AASHTO Green Book. Intersection grades can be in excess of 3%, up to 6% if justification is provided. The Master Street Plan allows street grades to be a maximum 15% for residential streets and 16% for minor residential streets. k3 FILE NO.: S-1100-1 Cont. L F G 10. The name "Dover" for a street name is already in use. Another name should be chosen. Contact David Hathcock at 371-4808 for additional information. 11. With site development, provide design of street conforming to the Master Street Plan. Construct full street improvements to Rushmore Avenue (Cooper Orbit Road) including 5-foot sidewalks with planned development to meet the Master Street Plan standards. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. Easements will be required for any water mains that are outside public rights of way. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. 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: (October 5, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues rd FILE NO.: S-1100-1 (Cont. associated with the request. Staff stated the street names were incorrect on the plat and requested the applicant rename Cooper Orbit Road to Rushmore Avenue. Staff also stated the plat did not indicate the required building line adjacent to a collector street. Staff noted there were a number of variances being requested for the proposed development. Staff stated the variances had not been requested with the initial application request and requested the applicant update the variance request form. Staff questioned if a subdivision identification sign would be placed within the development. Staff stated if the development was proposing a subdivision sign, the applicant should provide the location of the sign along with a note concerning the total height, total length and total sign area. Public Works comments were addressed. Staff stated they were not supportive of the variance request for the increased street grades at intersections. Staff also stated a grading permit would be required prior to the development of the proposed subdivision. Staff noted the street construction for Rushmore Avenue should conform to the Master Street Plan requirements for a collector street. Staff noted there were concerns with the proposed plat from an adjoining property owner. Staff stated previous agreements had indicated the placement of a collector street from the east connecting to Rushmore Avenue. Staff stated this location had not been "pinned down" but was located within the eastern portion of the plat area or with the proposed Planned Residential Development area for Tract C, which was a separate item on this agenda (Z-6120-M). Staff requested the applicant meet with the adjoining property owner to determine the best location for access to the future phases of the Woodlands Edge Subdivision to allow connectivity in the area. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. 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 some of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has renamed Cooper Orbit Road to Rushmore Avenue, indicated a 30-foot building line adjacent to Rushmore Avenue, and indicated the requested variances. The revised plat does not include the placement of a subdivision identification sign and the applicant has indicated signage is not being requested. A number of the previously indicated variances have been removed from the request. The plat does indicate a variance to allow a reduced lot depth for eight of the proposed lots. Lots 6 — 8 and 10 — 14, Block 14 have been indicated with a depth less than the typically required 100-foot depth. The lots have also been indicated with a reduced front building line, 15-feet along Lot 10, Block 14 and Lots 29 - 32, Block 9. The request is to allow the development of these lots utilizing the Hillside Development Standards per Section 31-367. This criteria FILE NO.- S-1100-1 (Cont. requires the developer to provide the average slope of the development to calculate the minimum lot size. The ordinance also requires no lot be less than ten thousand square feet. The proposed lots do not meet the minimum lot area requirement. The request also includes a variance to allow a reduced building line adjacent to a collector street, Lincoln Street. Typically the building line adjacent to a collector street is 30-feet. The proposed plat indicates the placement of a 25-foot building line. The plat includes a variance to allow double frontage lots for Lots 30 — 32 Block 9. These lots include the placement of a 10-foot restrictive access easement along the rear lot line to limit the number of curb cuts. Lincoln Street and Rushmore Avenue have been indicated constructed to Collector Street standard per Master Street Plan. The remaining streets are indicated as residential (50-feet of right-of-way) or minor residential streets (45-feet of right-of-way) which will be constructed to Master Street Plan standard. The plan indicates Phoenix Street extending to the eastern boundary of the plat area. The street is indicated as a residential street with a 50=foot right-of-way and 26-feet of paving. Based on the currently undeveloped property located to the east of this proposed development, staff feels this street should be constructed to a collector standard with a 60-foot right-of-way and 36-feet of pavement. Per the Master Street Plan Section 2: Road Classifications — Street Functional Classifications — Collector — (Paragraph 2) - "The spacing of Collectors may be decreased and/or the right of way and paving surface increased due to density of residential development and the locations of commercial areas or other large traffic generators. At the time of the subdivision, the exact location and additional need for Collectors will be determined by the Little Rock Planning Commission upon advice by City Staff." Also Section 31-201(b) states "the street layout should be appropriate for the type of development proposed and properly integrated with the street system in the area adjoining the subdivision. The layout shall also conform to the existing and proposed land uses and the most advantageous development pattern of the surrounding area". Staff feels this additional collector street is necessary to serve future developable lands located to the east of the site. The proposed preliminary plat indicates the placement of trails and tracts dedicated as open space within the development. The proposed open space tracts and trails will be maintained by the Property Owners Association through the Bill of Assurance. As stated in the Background Section of this report, in October of 2003, during development of the apartment site located immediately north of the proposed plat area the required land use buffer area was destroyed. The buffer that was removed was located along the western and southern perimeters of the apartment development. The Little Rock Planning Commission and Board of Directors approved a restoration plan for the destroyed buffer area which on FILE NO.: S-1100-1 (Cont. included plantings of the previously designated land use buffer with double the plantings required by the landscape ordinance. This included the area to the south and the west of the apartment development. The plan included planting of all trees of three inch caliper and additional 30-feet of land to the south (land located within the current proposed plat area) was to be retained in a conservation easement and the 30-feet along with the buffer remaining on Lot 2 of the apartment development be combined with a tract designated south of Lot 3 also of the apartment development to ensure the buffer would be maintained in the future. The plat as proposed does not appear to comply with this previous agreement or approval. The plat indicates the placement of a 30-foot buffer within the apartment development but does not include the additional 30-feet as agreed coming from this plat area. If viewing the proposed plat layout the affected lots are Lots 20 — 28 Block 9. Staff feels the proposed lots should be redesigned to reduce the lot depth by the previously agreed to 30-feet. Portions of Cooper Orbit Road runs through the proposed plat area. The applicant is seeking the abandonment of the right of way for Cooper Orbit Road to allow the development of the preliminary plat as proposed. Staff has concerns with the abandonment of the right of way with the current request. The new street has not been constructed. Staff feels the abandonment should not take place until the new access is constructed after which the abandonment may be requested. Staff is supportive of the proposed subdivision but has concerns with the number of outstanding issues associated with the request. The request includes the development of 85.54 acres with 200 single-family lots resulting in a density of 2.3 units per acre. Staff feels the developer should address staff's concerns regarding street design and construction, address the previously agreed to reduction in the plat area along the northwestern perimeter of the property and providing access to property located to the east in the form of a collector street to serve future development. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. LANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 7 FILE NO.: S-1100-1 (Cont.) PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present. There were a number of objectors present. The applicant requested a deferral of the item to the January 19, 2007, public hearing to allow this item to be discussed with the previous item Capitol Lakes Estates Tract C Long -form PD-R (Z-6120-M) and Right of Way abandonment for Cooper Orbit Road, located on the Southeast corner of Capitol Hills Boulevard and Cooper Orbit Road. There was no further discussion of the item. A motion was made to defer the item. The motion carried by a vote of 10 ayes 0 noes and 0 absent. STAFF UPDATE: The applicant has submitted the following amendment and details concerning the proposed application request. The applicant is withdrawing Item No. B. File No. Z-6120-M, the PD-R for Tract C of Capitol Lakes Estates. The property will be combined with this item (Item No. C File No. S-1100-1) and will be presented as a single item, all of which will be a subdivision plat for R-2 zoned property with no rezoning required. In addition, the applicant makes the following amendments to this item (File No. S-1100-1), which now includes Tract C: 1. The applicant is revising Tract C as follows: a. The applicant will construct an east -west street to collector standard through Tract C from Rushmore Avenue east, terminating at the common boundary line between Tract C and Rocket Properties' Woodlands Edge subdivision. The north right of way line of the collector will be approximately 105 feet from, and parallel to, the north boundary line of Tract C. The applicant will construct the collector with the development of either of the tracts shown on the revised plat of Tract C. b. The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C. The abandonment of this right of way will not take place until the construction and final platting of the collector street, but this will not prevent the applicant from developing the balance of Tract C with the construction of the Collector street. c. The applicant is requesting the City also abandon 15-feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. This additional distance is not needed on the eastern edge of the right of way by Tract C. After abandoning 15 feet of the right of way the eastern right of way will still conform to Collector standards. The applicant will use the additional 15 feet to increase lot depths on Tract C and to create an undeveloped tract between any lots on E FILE NO.: S-1100-1 (Cont. Tract C and Rushmore Avenue, thus eliminating any need for variances for double frontage lots along Rushmore Avenue. d. The applicant is requesting an advanced grading variance for Tract C and the applicant is preparing a grading plan for Tract C to provide more detailed information on the advanced grading request. e. The remainder of Tract C is shown as two tracts for future development. After final approval of the amendments to Tract C, the applicant anticipates filing an amended subdivision application for the development of each tract. 2. The applicant is revising Phase 2 as follows: a. With the platting of the Collector street through Tract C, the applicant will not construct Phoenix Street in Phase 2 of Capitol Lakes Estates to Collector standard. Phoenix Street will be constructed to minor residential street standard. Also, Phoenix Street will not stub out on the eastern boundary line of Phase 2, but will be looped, running to the south. b. The applicant will revise the Phase 2 plat to clearly indicate that the additional 30 foot undisturbed buffer taken from Phase 2 adjacent to the common boundary line of Lot 1, Capitol Hills Apartments. c. The applicant has prepare a sketch grading and drainage plan for the portion of Phase 2 which drains south into the Spring Valley Manor subdivision. d. The applicant has removed all variances from Phase 2 except for some minor street grade variances shown on the revised plat. The revised preliminary plat has removed a number of the previously indicated variance requests. The revised plan indicates the placement of a 30-foot building line adjacent to the proposed collector streets and removed all proposed double frontage lots. The site plan clearly identifies the previously agreed to buffer along the boundary of Lots 23 — 28, Block 7 of the Capitol Lakes Estates Subdivision. The buffer has not been included as a tract as was a part of the previous agreement. Staff recommends the buffer be set aside in a tract to ensure the buffer remains in perpetuity. The development is proposed to be a phased development. The plat indicates a reduced building line for Lot 6, Block 3, Lots 6 — 10, Block 12, Lots 29 — 32, Block 7. The lots have a significant slope which the developer has indicated would qualify for hillside development standards. The hillside development standards require slopes greater than eighteen percent and a minimum lot area of 10,000 square feet. The indicated lots do not qualify for utilization of the hillside development standards since the lots do not meet the minimum lot size requirement. Staff is supportive of the variance request to allow a reduced building line on the proposed lots. Staff does not feel the reduced building line as proposed will negatively impact the development or the area. The proposed plat indicates a single lot with a depth less than the typical minimum ordinance standard. Proposed Lot 29, Block 7 is indicated along the northern lot line 9 1100-1 (Cont. with a depth of 74 feet. The lot also has a large easement located along the western boundary. In staffs opinion the lot does not appear buildable. Staff recommends the lot be removed or the applicant provides staff with a buildable area for a proposed structure to ensuring the buildability of the proposed lot. The proposed plat indicates a variance request for increased street grades at intersections. The street grades along the collector streets have been indicated meeting ordinance requirements but a number of the minor residential streets have an increased street grade. Staff is supportive of the proposed increased street grade at the indicated intersections. The streets will be developed as minor residential streets which will have low volumes and should not significantly impact the development or the area. The development of Tract C has been reviewed by staff and they feel the placement of the Collector Street as proposed is adequate to serve future development in the area. Staff is no longer requesting a collector street along the southern portion of the proposed plat area (Phoenix Street). The collector street through Tract C has been indicated with a 60-foot right of way and 31 feet of pavement. Woodlands Edge located to the east of the subdivision has been constructed to this design standard but no access to the street was taken. Staff recommends if access to the street is proposed by any future development the street be constructed with 36-feet of pavement from back, of curb to back of curb consistent with street design construction per the Master Street Plan. The Collector Street has also been indicated with a median and the appearance of gates. Staff is 'not supportive of the proposed median in this location. The street is a collector street and should function as such. Staff feels the placement of the median will constrict traffic flows in the area creating safety concerns. The applicant submitted a sketch grading and drainage plan for the subdivision. Staff is still reviewing the data provided and will provide a recommendation of the proposed detention and drainage plan at the public hearing. The applicant is requesting the City abandon the right of way for Cooper Orbit Road through Tract C and the remainder of the proposed subdivision. The abandonment of this right of way will not take place until the construction and final platting of the collector street through Tract C and portions of roadways to maintain access to Spring Valley Manor. The maintenance of access to the adjoining subdivision does not prevent the applicant from developing the balance of Tract C with the construction of the Collector Street. Staff is supportive of the abandonment request as long as access to Spring Valley Manor from the north is maintained throughout the development of the proposed subdivision and the subsequent phases. The applicant is requesting the City abandon 15-feet of the eastern right of way from Rushmore Avenue. Rushmore Avenue is a collector street, but the right of way was increased from 60 feet to 90 feet to accommodate potential grade changes from the adjacent site. Tract C does not need this additional distance on the eastern edge of the right of way. After abandoning the 15 feet of the right of way Rushmore Avenue will still have sufficient right of way to conform to Collector standards. Staff is supportive of the 10 FILE NO.: S-1100-1 (Cont. request. Rushmore Avenue has been constructed and staff does not feel it necessary for the City to retain the additional right of way which was previously dedicated. The request includes an advanced grading variance for Tract C. The applicant has provided staff with a grading plan for Tract C to detail the advanced grading request. The developers have indicated the grading is necessary for construction of the proposed collector street to reduced the need to move dirt into and out of the site. The advanced grading plan currently indicates all grading activities will take place on the site after which the developer will reseed the site per the minimum ordinance requirements. The developer also indicates Tract C is shown as two tracts, Tract C-1 and C-2 to be held for future development. After final approval of the street construction located within Tract C, the applicant anticipates filing an amended subdivision request for the development of each tract. Staff is supportive of the proposed advanced grading request. Staff cannot provide a recommendation since they are still reviewing the data provided for the proposed detention and drainage plan. Staff will provide a recommendation to the Commission at the public hearing. PLANNING COMMISSION ACTION: (JANUARY 18, 2007) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff stated the applicant had addressed their concerns with regard to detention and drainage and a number of previously remaining outstanding issues. Staff stated the proposed plat included the subdivision of 85.54 acres into 201 single- family residential lots. The average lot size proposed was 80-feet by 130-feet or 10,400 square feet. The development was proposed in 12 phases. Staff stated there were a few variances being requested as a part of the platting request. Staff stated the variances included one lot with a reduced lot depth, fourteen lots with a reduced building line and several locations with an increased street grade at intersections. Staff stated these variances were all located at residential street standard intersections. Staff stated the applicant had satisfied staff's concerns related to detention and drainage and staff stated they were supportive of the applicant's indicated plan. Staff stated the applicant had indicated the detention located along the southern perimeter of the site would be utilized as permanent detention storage areas. Staff recommended these areas be identified as easements to ensure the areas were maintained. Staff stated the detention areas indicated within the proposed plat area would be maintained as temporary detention basins. Staff stated some of the temporary basins would be maintained after final platting to help manage storm water runoff into the construction phase of the single-family residences of the development. Staff stated the developers had also retained the engineering firm of FTN Associates to assist in the design and monitoring of water quality and erosion control measures for the Capitol Lakes Estates 11 FILE NO.: S-1100-1 (Cont. subdivision for expert advice in the design of the structures both temporary and permanent to ensure compliance with City, State and Federal regulations. Staff stated based on their review the downstream structures appeared to be adequate with the exception of a couple of pipes under driveways on Cooper Orbit Road. Staff stated the applicant had indicated they planned to perform improvements to these drainage structures. Staff stated the applicant would further assure the discharge from Capitol Lakes Estates would not flood any structures in Spring Valley Manor. Staff stated presently Spring Valley Manor utilized open ditches for drainage and flooding of yards was already a problem in the neighborhood. Staff stated the applicant was not making any assurances to address the current flooding problem only to ensure no additional flooding problems would occur. Staff stated the wall height on Tract C would be a maximum of 15-feet. Staff stated the proposed slope would not exceed minimum ordinance standards or a 3:1 slope. Staff stated the grading and clearing of the site would not take place until a preliminary plat was approved for the site and construction was imminent. Staff stated the grading permit would include advanced grading of the site including the clearing of the lots with the construction of the streets and drainage. Staff stated erosion controls would be installed prior to the start of work. Staff stated per the Land Alteration Ordinance open areas not planned for immediate use would be. seeded or sodded. Staff stated soil which was exposed for more than 21 days with no construction activity would be sodded, mulched or revegetated in accordance with the code. Staff stated the proposed northern collector street, Avoyelles Boulevard, would be built to a full collector street standard, 36-feet of pavement within a 60-foot right of way. Staff stated if the median was used the street design would be sufficient in width to allow three lanes of traffic at Rushmore Avenue. Staff stated there had been a number of conversations concerning the grade of Rushmore Avenue. Staff stated the street would be constructed to a collector standard and no variances were being requested with regard to street grade. Staff stated the grade of the new street would be much improved over the grade of the existing tie-in between new Rushmore and Cooper Orbit Road. Staff stated the new grade would be more shallow than the existing grade, providing for a less steep road. Staff stated there would be a crown area at the top of the hill which was designed to help reduce build up of ice in cold weather. Staff stated the sight distance of the new road would be much improved over the existing conditions. Staff stated the new road would be much wider than the existing Cooper Orbit Road and would have the added benefit of curb and gutter. Staff stated as indicated in the agenda package staff had concerns with the buildability of proposed Lot 29, Block 7. Staff stated they felt this lot should be removed from the proposed plat area and included in the abutting tract located to the north. Staff stated the plat indicated a variance request for increased street grades at intersections. Staff stated the street grades along the collector street had been indicated meeting ordinance requirements but a number of the minor residential streets 12 FILE NO-: S-1100-1 (Cont. had an increased street grade. Staff stated they were supportive of the variance request. Staff stated the streets would be developed as minor residential streets which would have low volumes of traffic and should not significantly impact the area. Staff stated the plat indicated the placement of a 15-foot building line adjacent to Lot 6, Block 3, Lots 6 — 10, Block 12 and Lots 29 — 32 Block 7. Staff stated the lots had a significant slope which the developer had indicated would qualify for hillside development standards. Staff stated the hillside development standards required a slope greater than 18 percent and a minimum lot size of 10,000 square feet. Staff stated the lots proposed did not meet the minimum lot size requirement. Staff stated the lots would require a building line variance to allow the development as proposed. Staff stated they were supportive of the variance request. Staff stated they did not feel the variance to allow a reduced building line would adversely impact the area. Mr. Andy Francis addressed the Commission as the applicant. He stated the developers were willing to remove the lot as indicated by staff and amend their application request eliminating the lot (Lot 29, Block 7). Mr. Ross Phillips addressed the Commission with concerns. He stated he was concerned with the proposed development and the impact the development would have on the neighborhood's lakes. He stated the quality of the lake and the impact on the dam were concerns of his and the entire neighborhood. He stated he desired the developers to explain the changes proposed with regard to detention and how the detention would work. Mr. Tom Lewis addressed the Commission in opposition of the request. He stated the neighborhood had not been given the opportunity to review the proposed changes. He stated the detention did not address the new streets and roads which were proposed with the development. He stated the quality of the lake was the majority of the value of the homes in the area. He stated without proper controls and measures the quality of the lake could be destroyed. Mr. Leroy Arnold addressed the Commission in opposition of the request. He stated he was aware the developers were following the rules of the ordinances but the cumulative effect of development was not being considered. He stated as additional surfaces were hardened run-off was increased. He stated another concern was the existing roadway and the grade of the proposed roadway. He stated presently residents could not get into the neighborhood in bad weather. He stated the road was proposed with a 12 percent grade which was a steep grade. He stated federal design standards allowed for a maximum 8 percent grade. He stated long grades caused cars to lose momentum. He stated with the grade and the distance cars would not be able to get into the valley. He stated the rock was shale and easily removable to decrease the grade of the road. He requested the Commission require the developer to construct the new road with a maximum of 10 percent grade and preferably an 8 percent grade. Ms. Anita Spence addressed the Commission in opposition of the request. She stated the neighborhood was opposed to the intensity of building on the hillside. She stated the neighborhood only had one way in and out during bad weather and it was important 13 FILE NO.: S-1100-1 (Cont. the road was designed and constructed to allow residents to access the neighborhood in bad weather. Mr. Andy Francis addressed the Commission. He stated there was currently an approved preliminary plat for the site. He also stated he felt the plat as currently proposed was a better plat than the previous approval. He stated the plat currently under consideration had been revised to address staffs concerns. Mr. Tim Daters of White Daters and Associates addressed the Commission on the engineering aspects of the proposed plat. He stated to decrease the grade from 12 to 8 percent would result in a 15 foot cut. He stated presently the trees on both sides of the road precluded the road from thawing. He stated with the new road curb and gutter would be added which would channel the water to the sides. He stated the new road would be a wider road. He stated presently the road was 20 feet and the new road would be 36-feet. He also stated a crown would be added to the new road to shed water. He stated the drainage basin which fed the Spring Valley Manor Lake was 540 acres. He stated this development was only 27 acres of the overall drainage basin. He stated detailed drainage plans had not been completed and were not required at this point in the approval process. He stated the detailed design would be submitted with final platting. There was a general discussion of the Commission as to the grade of the existing roadway and the requirements of the Master Street Plan. Mr. Daters stated presently the road was notched into the side of the hill and the new road would go over the hill. He stated with the wider road it was not possible to notch the road into the hill as was previously constructed. Commissioner Adcock questioned Mr. Daters as to if he would build the road with a reduced grade. Mr. Daters stated he could not commit to an 8 percent grade but the developer would commit to constructing the road was as minimum grade as possible. Commissioner Yates questioned the street naming configuration. Mr. Francis stated the developers were willing to change the name of the street back to Cooper Orbit Road if this was the desire of the Commission. The Commission questioned Mr. Baker Kurrus as to his position of the proposed plat. He stated his concern was the timing of the closure of Cooper Orbit Road. He stated staff had informed him that the road would not be closed until access through Tract C was constructed. He stated he was supportive of this proposal. The Commission questioned who would be responsible for storm water. Mr. Francis stated the developer would apply for and hold all permits regarding storm water. He stated the developers would regulate storm water run-off and had hired a professional engineer to design and monitor the proposed storm water plan. Commissioner Yates stated citizen could call the City's new 311 system with any comments and concerns and particularly if the silt fences were found to not be in place for the development. 14 FILE NO.: S-1100-1 A motion was made to approve the request. The motion carried by a vote of 8 ayes, 2 noes and 1 absent. 15