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HomeMy WebLinkAboutS-1090 Staff AnalysisJanuary 30, 1996 ITEM NO.• 12 FILE O.: -10 1 NAME: JENKINS -- SUBDIVISION ORDINANCE WAIVER LOCATION: On the north side of Crystal Valley Rd., approximately 0.4 mile north of Stagecoach Rd., outside the City Limits, at 8233 Crystal Valley Rd. DEVELOPER: L. P. Jenkins 7701 Crystal Oak Ln. Little Rock, AR 72210 455-0933 AREA: 10 ACRES NUMBER OF LOTS: 4 ZONING• R-2 PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCES REQUESTED: STATEMENT OF PROPOSAL: PROPOSED ❑SES: N/A FT. NEW STREET• 0 Single -Family Residential The applicant reports that, in the early 1601s, he and his wife purchased the subject 10 acre tract and lived in the home at 8233 Crystal Valley Rd. In 1974, they separated two parcels from the 10 acres to provide building sites for homes for their parents. These two homes are on a private lane, known as Crystal Oak Ln., at 7701 and 7815 Crystal Oak Ln. The applicant explains that the building sites were not "sold", but were deeded to their parents in order for them to obtain mortgages on their homes. In 1988, again, a building site was separated from the larger tract in order for the applicant's daughter and her husband to be able to build a home on the 10 acre tract, again, so that the home could be individually mortgaged. The applicant and his wife are now remodeling their home, and putting in new appliances. The well water is very hard on water using appliances, and they want to tie onto City water, which is available on Crystal Valley Rd. In making application for water service, the applicant was told by Little Rock Water Works that the homesite would have to be properly subdivided from the larger tract, with proper access and frontage on a public road being provided. The applicant's response was that they have not, nor do they intend, to sell off land from the 10 acres, and have no desire to subdivide the property. They also do not want to go to the expense, nor take the time it would take, to prepare a preliminary and final plat January 30, 1996 SUBDIVISION ITEM NO.: 12 (Coninued FILE NO.: S-1091 of the property, and seek the necessary waivers to permit the private drive to serve as the required access to the various internal lots. A. PROPO AL RE QEST: The applicant requests a waiver from the requirements of the Subdivision Ordinance, in order for them to receive domestic water service from the City of Little Rock Water Utility without meeting the Subdivision Ordinance requirements for subdividing the property and providing street frontage and access to each of the interior lots. B. EXISTING CONDITIONS: The site is a "family compound", containing homes for the applicant and his wife, their two sets of parents, and their daughter and her family. The original home, located at 8233 Crystal Valley Rd., has frontage on the public street. The other three homesites are isolated lots with no "legal" access to a public roadway. The property is outside the City Limits. The City Limits line runs down Crystal Valley Rd., so across the street, the property is in the City Limits. The property is zoned R-2, as is all surrounding land. C. ENGINEERING UTILITY COMMENTS: The waiver request was not submitted to Public Works or to the Utilities. D. ISSUES/LEGAL/TECHNICAL/DESIGN: Sec. 31-5 subjects all subdivision of land to City control. The Subdivision Ordinance applies to: "All divisions ... of a tract or parcel of land into one or more lots, building sites, or other divisions for the purpose, whether immediate or future, for sale or building development...." Sec. 31-231 states: "Every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission." Sec. 31-207 states: " ..private streets may be approved by the Planning Commission.... The design standards shall conform to public street standards...." The City's "Planning Boundary" (in this case, the area which is outside the City Limits, but within the planning jurisdiction of the City, and subject to the Subdivision and E January 30, 1996 SUBDIVISION ITEM 12 n FILE NO.: S-1091 subject property. The area was within the Planning Boundary in 1988 when the Ordinance was approved establishing the Planning Boundary in the area, and was probably in the area in 1981 when the previous Planning Boundary was established. The area was probably in the Planning Boundary well before 1981, but records in the Zoning office do not go back that far. According to the Subdivision Ordinance, any lots in existence prior to December 19, 1978 are "grandfathered in". E. ANALYSIS: Whether the building site for the relatives' home was "deeded" or "sold", the division of the building site from the overall 10 acre tract which has occurred since 1978 was subject to the Subdivision Ordinance of the City. Since the divisions of the land into lots has already taken place, the options at this point are either to seek a waiver of the regulations, or to go through the process of properly subdividing the tract. To subdivide the property, a proper preliminary plat would need to be prepared, and, if Crystal Oak Ln. is to remain a private lane, Planning Commission approval for an access easement and a private street would need to be sought. Since the regulations require private streets to meet the same design standards as public streets, if the lane is to remain in its present condition, a waiver of the requirements by the Board of Directors would need to be approved. This would involve both survey and legal expenses and time. The applicant has chosen to seek a waiver from the regulations in order to be able to get public water service as soon as possible. F. STAFF RECOMMENDATIONS: Staff recommends approval of a deferral, in lieu of a waiver, of the Subdivision Regulations, until such time that any of the 10 acre tract is sold, or until any future subdivisions of the land take place. SUBDIVISION COMMITTEE COMMENT: (JANUARY 4, 1996) The waiver was requested by the applicant on January 17, 1996, and, since there is no notification requirement for waiver requests, the item was added to the January 30, 1996 agenda. The item was not, therefore, presented to the Subdivision Committee. PLANNING COMMISSION ACTION: (JANUARY 30, 1996) Staff recommended that imposition of the requirements of the Subdivision Ordinance be deferred until parcels of the acreage are sold to non -family members beyond the number of tracts subdivided 3 January 30, 1996 ITEM N 12 n FILE N S-1091 to date. The item was included on the Consent Agenda for Approval, and a recommendation of approval of the deferral of the requirement to comply with the Subdivision Ordinance was approved with the vote of 9 ayes, 0 nays, 2 absent, and 0 abstentions. 4 FILE NO.: $-1091 NAME: JENKINS -- SUBDIVISION ORDINANCE WAIVER LOCATION: On the north side of Crystal valley Rd., approximately 0.4 mile north of Stagecoach Rd., outside the City Limits, at 8233 Crystal Valley Rd. DEVELOPER- L. P. Jenkins 7701 Crystal Oak Ln. Little Rock, AR 72210 455-0933 AREA: 10 ACRES NUMBER OF LOTS: 4 ZONING: R-2 PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCES RE RESTED: STATEMENT OF PROPOSAL: PROPOSED USES• N/A FT. NEW STREET• 0 Single -Family Residential The applicant reports that, in the early 160's, he and his wife purchased the subject 10 acre tract and lived in the home at 8233 Crystal Valley Rd. In 1974, they separated two parcels from the 10 acres to provide building sites for homes for their parents. These two homes are on a private lane, known as Crystal Oak Ln., at 7701 and 7815 Crystal Oak Ln. The applicant explains that the building sites were not "sold", but were deeded to their parents in order for them to obtain mortgages on their homes. In 1988, again, a building site was separated from the larger tract in order for the applicant's daughter and her husband to be able to build a home on the 10 acre tract, again, so that the home could be individually mortgaged. The applicant and his wife are now remodeling their home, and putting in new appliances. The well water is very hard on water using appliances, and they want to tie onto City water, which is available on Crystal Valley Rd. In making application for water service, the applicant was told by Little Rock Water Works that the homesite would have to be properly subdivided from the larger tract, with proper access and frontage on a public road being provided. The applicant's response was that they have not, nor do they intend, to sell off land from the 10 acres, and have no desire to subdivide the property. They also do not want to go to the expense, nor take the time it would take, to prepare a preliminary and final plat of the property, and seek the necessary waivers to permit the private drive to serve as the required access to the various internal lots. FILE NO.: S-1091 (Cont.) A. PR P AL RS E T• The applicant requests a waiver from the requirements of the Subdivision Ordinance, in order for them to receive domestic water service from the City of Little Rock Water Utility without meeting the Subdivision Ordinance requirements for subdividing the property and providing street frontage and access to each of the interior lots. B. EXI TING ONDITION : The site is a "family compound", containing homes for the applicant and his wife, their two sets of parents, and their daughter and her family. The original home, located at 8233 Crystal Valley Rd., has frontage on the public street. The other three homesites are isolated lots with no "legal" access to a public roadway. The property is outside the City Limits. The City Limits line runs down Crystal Valley Rd., so across the street, the property is in the City Limits. The property is zoned R-2, as is all surrounding land. C. ENGINEERING UTILITY COMMENTS: The waiver request was not submitted to Public Works or to the Utilities. D. ISSUESILEG.AL TECHNICAL DESIGN: Sec. 31-5 subjects all subdivision of land to City control. The Subdivision Ordinance applies to: "All divisions ... of a tract or parcel of land into one or more lots, building sites, or other divisions for the purpose, whether immediate or future, for sale or building development...." Sec. 31-231 states: "Every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission. Sec. 31-207 states: "...private streets may be approved by the Planning Commission.... The design standards shall conform to public street standards...." The City's "Planning Boundary" (in this case, the area which is outside the City Limits, but within the planning jurisdiction of the City, and subject to the Subdivision and Zoning Ordinances of the City) extends well beyond the subject property. The area was within the Planning Boundary in 1988 when the Ordinance was approved establishing the Planning Boundary in the area, and was probably in the area in 1981 when the previous Planning Boundary was established. The area was probably in the Planning Boundary well before 1981, but records in the Zoning office do not go back that 2 FILE NO.: 5-1091 (Copt _ far. According to the Subdivision Ordinance, any lots in existence prior to December 19, 1978 are "grandfathered in". E. ANALYSIS•• Whether the building site for the relatives' home was "deeded" or "sold", the division of the building site from the overall 10 acre tract which has occurred since 1978 was subject to the Subdivision Ordinance of the City. Since the divisions of the land into lots has already taken place, the options at this point are either to seek a waiver of the regulations, or to go through the process of properly subdividing the tract. To subdivide the property, a proper preliminary plat would need to be prepared, and, if Crystal Oak Ln. is to remain a private lane, Planning Commission approval for an access easement and a private street would need to be sought. Since the regulations require private streets to meet the same design standards as public streets, if the lane is to remain in its present condition, a waiver of the requirements by the Board of Directors would need to be approved. This would involve both survey and legal expenses and time. The applicant has chosen to seek a waiver from the regulations in order to be able to get public water service as soon as possible. F. STAFF RECOMMENDATIONS: Staff recommends approval of a deferral, in lieu of a waiver, of the Subdivision Regulations, until such time that any of the 10 acre tract is sold, or until any future subdivisions of the land take place. SUBDIVISION COMMITTEE COMMENT: (JANUARY 4, 1996) The waiver was requested by the applicant on January 17, 1996, and, since there is no notification requirement for waiver requests, the item was added to the January 30, 1996 agenda. The item was not, therefore, presented to the Subdivision Committee. PLANNING COMMI_SSION ACTION: (JANUARY 30, 1996) Staff recommended that imposition of the requirements of the Subdivision Ordinance be deferred until parcels of the acreage are sold to non -family members beyond the number of tracts subdivided to date. The item was included on the Consent Agenda for Approval, and a recommendation of approval of the deferral of the requirement to comply with the Subdivision Ordinance was approved with the vote of 9 ayes, 0 nays, 2 absent, and 0 abstentions. 3 January 30, 1996 ITEM NO.• 12 FILE N -10 1 NAME: JENKINS -- SUBDIVISION ORDINANCE WAIVER LOCATION: On the north side of Crystal Valley Rd., approximately 0.4 mile north of Stagecoach Rd., outside the City Limits, at 8233 Crystal Valley Rd. DEVELOPER• L. P. Jenkins 7701 Crystal Oak Ln. Little Rock, AR 72210 455-0933 AREA: 10 ACRES NUMBER OF LOTS: 4 ZONING• R-2 PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCES RE [TESTED: STATEMENT OF PR POSAL: PROPOSED USES: N/A FT. NEW STREET• 0 Single -Family Residential The applicant reports that, in the early 160's, he and his wife purchased the subject 10 acre tract and lived in the home at 8233 Crystal Valley Rd. In 1974, they separated two parcels from the 10 acres to provide building sites for homes for their parents. These two homes are on a private lane, known as Crystal Oak Ln., at 7701 and 7815 Crystal Oak Ln. The applicant explains that the building sites were not "sold", but were deeded to their parents in order for them to obtain mortgages on their homes. In 1988, again, a building site was separated from the larger tract in order for the applicant's daughter and her husband to be able to build a home on the 10 acre tract, again, so that the home could be individually mortgaged. The applicant and his wife are now remodeling their home, and putting in new appliances. The well water is very hard on water using appliances, and they want to tie onto City water, which is available on Crystal Valley Rd. In making application for water service, the applicant was told by Little Rock Water Works that the homesite would have to be properly subdivided from the larger tract, with proper access and frontage on a public road being provided. 'The applicant's response was that they have not, nor do they intend, to sell off land from the 10 acres, and have no desire to subdivide the property. They also do not want to go to the expense, nor take the time it would take, to prepare a preliminary and final plat January 30, 1996 SUBDIVISION ITEM NO.: 12 (Continued) FILE -101 of the property, and seek the necessary waivers to permit the private drive to serve as the required access to the various internal lots. A. PROPOSAL RE UEST: The applicant requests a waiver from the requirements of the Subdivision Ordinance, in order for them to receive domestic water service from the City of Little Rock Water Utility without meeting the Subdivision Ordinance requirements for subdividing the property and providing street frontage and access to each of the interior lots. B. EXISTING CONDITIONS: The site is a "family compound", containing homes for the applicant and his wife, their two sets of parents, and their daughter and her family. The original home, located at 8233 Crystal valley Rd., has frontage on the public street. The other three homesites are isolated lots with no "legal" access to a public roadway. The property is outside the City Limits. The City Limits line runs down Crystal Valley Rd., so across the street, the property is in the City Limits. The property is zoned R-2, as is all surrounding land. C. ENGINEERING/UTILITY COMMENTS: The waiver request was not submitted to Public Works or to the Utilities. D. ISSUES/LEGAL/TECHNICAL/DESIGN: Sec. 31-5 subjects all subdivision of land to City control. The Subdivision Ordinance applies to: "All divisions ... of a tract or parcel of land into one or more lots, building sites, or other divisions for the purpose, whether immediate or future, for sale or building development...." Sec. 31-231 states: "Every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission." Sec. 31-207 states: "...private streets may be approved by the Planning Commission.... The design standards shall conform to public street standards...." The City's "Planning Boundary" (in this case, the area which is outside the City Limits, but within the planning jurisdiction of the City, and subject to the Subdivision and 2 January 30, 1996 SUBDIVISION ITEM NO.• 12(Cont.)FILE NQ.; S-1091 subject property. The area was within the Planning Boundary in 1988 when the Ordinance was approved establishing the Planning Boundary in the area, and was probably in the area in 1981 when the previous Planning Boundary was established. The area was probably in the Planning Boundary well before 1981, but records in the Zoning office do not go back that far. According to the Subdivision Ordinance, any lots in existence prior to December 19, 1978 are "grandfathered in". E. ANALYSIS: Whether the building site for the relatives' home was "deeded" or "sold", the division of the building site from the overall 10 acre tract which has occurred since 1978 was subject to the Subdivision Ordinance of the City. Since the divisions of the land into lots has already taken place, the options at this point are either to seek a waiver of the regulations, or to go through the process of properly subdividing the tract. To subdivide the property, a proper preliminary plat would need to be prepared, and, if Crystal Oak Ln. is to remain a private lane, Planning Commission approval for an access easement and a private street would need to be sought. Since the regulations require private streets to meet the same design standards as public streets, if the lane is to remain in its present condition, a waiver of the requirements by the Board of Directors would need to be approved. This would involve both survey and legal expenses and time. The applicant has chosen to seek a waiver from the regulations in order to be able to get public water service as soon as possible. F. STAFF RECOMMENDATIONS: Staff recommends approval of a deferral, in lieu of a waiver, of the Subdivision Regulations, until such time that any of the 10 acre tract is sold, or until any future subdivisions of the land take place. SUBDIVISION COMMITTEE COMMENT: (JANUARY 4, 1996) The waiver was requested by the applicant on January 17, 1996, and, since there is no notification requirement for waiver requests, the item was added to the January 30, 1996 agenda. The item was not, therefore, presented to the Subdivision Committee. PLANNING COMMISSION ACTION: (JANUARY 30, 1996) Staff recommended that imposition of the requirements of the Subdivision Ordinance be deferred until parcels of the acreage are sold to non -family members beyond the number of tracts subdivided 3 January 30, 1996 BDIVI I ITEM NO.: 12 (Conti. FILE N -1 1 to date. The item was included on the Consent Agenda for Approval, and a recommendation of approval of the deferral of the requirement to comply with the Subdivision ordinance was approved with the vote of 9 ayes, 0 nays, 2 absent, and 0 abstentions. 4