HomeMy WebLinkAboutS-1135-D Staff AnalysisFILE NO.: Z-4562-C
NAME: Hickory Grove Revised Long -form PD-R
LOCATION: on the west side of Hinson Road, south of Pebble Beach
DEVELOPER:
EV-Mark'Development, LLC
P.O. Box 241850
Little Rock, AR 72223
FNGINFFR:
The Mehlburger Firm
201 South Izard Street
Little Rock, AR 72201
AREA: 38.62 Acres
CURRENT ZONING:
ALLOWED USES:
PROPOSED ZONING:
NUMBER OF LOTS: 65
.� .
Townhouse development
Revised PD-R
FT. NEW STREET
9
PROPOSED USE- Detached Single-family
VARIANCESMAIVERS REQUESTED: Plat Variances —
1. Reduced lot width for Lots 10, 11, 15, 16, 17, 18, 24, 25, 26, 33, 34, 40, 44 and 45.
2. Increased lot depth to width ratio for Lots 10, 11, 13 — 15 and 51, 57 — 61.
3. Reduced front and side yard setbacks — 5-feet on each and a reduced rear yard
setback 10-feet.
4. A variance to allow Lots 15, 16, 17, 24, 25, 26 and 33 — 38 to develop as double
frontage lots.
BACKGROUND:
The property is the remaining 40+ acres of a 120-acre parcel or the eastern 1/3 of the
property owned by the First Baptist Church. The site was originally proposed as a
multipurpose facility with residential, school and church facility. The western 80 acres
have since developed as a single-family neighborhood.
FILE NO.: Z-4562-C (Cont.)
This property was zoned MF-6, Multi -family District (six (6) units per gross acre allowed)
in mid-1981. A "Declaration of Covenants" was filed and recorded in 1981, which runs
with the property. The private covenants regulate the property's use and portion of the
property's development.
The private covenants state that the property will be developed for condominium units
developed pursuant to the Horizontal Property Act being Act 60 of 1961 (units for sale
only, no rental units). The covenants designate certain areas of the property as OS
(Open Space) and require a six (6) foot high privacy fence be constructed at one
location prior to any construction. The covenants also state that structures built in one
area of the property not exceed one and one-half stories in height; both located on the
northern boundary of the site.
A preliminary plat and a multiple building site plan review were filed on the site in May
1997, to allow the construction of 234 apartment units in 10 three-story buildings. Prior
to the Public Hearing; the applicant requested the application be withdrawn from
consideration.
A proposal was filed in March 2000, to develop a portion of the site (18.47 acres) with
22 buildings of owner occupied condominium housing. The application was later
withdrawn from consideration without prejudice prior to the Public Hearing.
Ordinance No. 18,884 adopted by the Little Rock Board of Directors on June 3, 2003,
rezoned this 39-acre site from MF-6 to a Planned Residential Development with 83
units. The applicant proposed to develop the site in three (3) phases with zero -lot line
townhouses, each of which would have its own lot of record. A common wall would be
shared by each structure, which would be dissected by the common property line. This
would allow some measure of property on each end of the structure for maintenance of
the building. The structures would have enclosed garages facing a private street with a
private courtyard on the rear of each townhouse unit.
The applicant proposed the construction of a bridge across the creek that separates this
property from Hinson Road. The bridge would be constructed in the first phase. The
applicant proposed a public roadway to connect with Hinson Road and Dorado Beach
Drive. The road would be constructed when one of the abutting lots was final platted.
There were two other streets proposed as a part of the development, which the
applicant intended to maintain as private streets.
There were three areas designated by covenants in the deed that were not to be
encroached upon by building construction. The applicant indicated the areas of
non -encroachment on the proposed development plan and indicated the covenants to
be in force.
4
FILE NO.: Z-4562-C (Cont.
Ordinance No. 18,883, also adopted June 3, 2003, allowed the requested variances for
lots without public street frontage, an increased lot depth to width ratio and a variance to
allow double frontage lots. The lots were sized to accommodate the building plans as
required in the Subdivision Ordinance for zero -lot line developments.
A. PROPOSAL/REQUEST:
The applicant proposes to amend the PD-R to allow the creation of 65 detached
single-family lots on this 38.62 acre site. The developer has indicated the
retention of the green spaces as was previously proposed in the areas to the
north and south of the site. The applicant has indicated Dorado Beach Drive will
be extended as was previously approved (as one of the lots abutting the roadway
is final platted).
The applicant is requesting variances from the Subdivision Ordinance to allow an
increased depth to width ratio, a reduced front lot width, a reduced platted
building line and reduced side and rear yard setbacks for specific lots within the
development. The developer has indicated the internal streets will be maintained
as private streets and be gated. The applicant has also indicated the
development will be constructed in three phases.
B. EXISTING CONDITIONS:
The site is currently undeveloped and heavily wooded. The Windsor Court
Condominium development and single-family residences are located to the
south, with single-family residences to the north. There is undeveloped R-2,
Single-family property to the west, with single-family residences further west.
Single-family residences and undeveloped R-2 property are also located across
Hinson Road to the east.
C. NEIGHBORHOOD COMMENTS:
The Westchester/Heatherbrae Neighborhood Association and the Hillsborough
Property Owners Association, all residents located within 300 feet of the site,
who could be identified and all owners of property located within 200 feet of the
site were notified of the Public Hearing. As of this writing, Staff has received
several informational phone calls from area residents.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Ali previous comments apply on this subdivision apply to this modification.
2. A sidewalk is required on Dorado Beach Drive including the bridge.
3
FILE NO.: Z-4562-C (Cont.) _
3. The gated entrances will have to be re -designed to prevent stacking of
vehicles out into the public street. Gates should be set back three car lengths
(60') from the right-of-way and provide a lane for entrance u-turns.
4. Regarding fence and wall construction: In accordance with Section 32-8, no
obstruction to visibility shall be located within a triangular area 50 feet back
from the intersecting right-of-way line (or intersecting tangent lines for radial
dedications) at street intersections.
5. Additional hill -side drainage easements should be provided. Relocation of
existing drainage ways should be minimized.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements if service is required
for the project. Existing 10-inch sewer main located along Hinson Road is area of
proposed floodway improvements. Relocation of the existing main is required to
remove manholes and sewer main from the area of improvements. Other existing
mains are located on site with easements that must be retained. Contact Little Rock
Wastewater Utility at 688-1414 for additional details.
Entergy: No comment received.
Center -Point Energ Approved as submitted.
SBC: No comment received.
Central Arkansas Water: A public water main adequate to provide needed fire
protection and water service to each lot will be required adjacent to the proposed
roads. A Capital Investment Charge based on the size of the meter connection(s)
will apply to this project in addition to normal charges. This development will have
minor impact on existing water distribution system. Proposed water facilities will be
sized to provide adequate pressure and fire protection. Contact Central Arkansas
Water at 992-2438 for additional details.
Fire Department: All gates must have a 20-foot opening. Place fire hydrants per
code. Contact the Little Rock Fire Department at 918-3752 for additional details.
County Planning: No comment received.
CATA: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Chenal Planning District. The
Land Use Plan shows Low Density Residential for this property. The applicant
has applied for a revision of an existing Planned Development - Residential for
new houses.
4
FILE NO.: Z-4562-C (Cont.
The request does not require a change to the Land Use Plan.
City Recognized Neighborhood Action Plan: The applicant's property lies in the
area covered by the River Mountain Neighborhood Action Plan. The Residential
Development goal listed the objective of developing Neo-traditional
neighborhoods (pedestrian and bicycle friendly neighborhoods, which are less
dependent on automobiles), in areas that have not yet developed. Action
statements listed include enforcing the construction of sidewalks with all types of
development, insuring the physical continuity of sidewalks, enforcing the
installation of curb and gutter, require the installment of underground utilities, and
requiring the installation of street lighting by the time streets are opened.
Landscape: No comment received.
G. SUBDIVISION COMMITTEE COMMENT:
(September 25, 2003)
The applicant was present representing the request. Staff presented the item
indicating the request was to revise a previously approved PD-R to allow the
construction of detached single-family homes. Staff noted the areas set aside for
buffer were still intact. Staff suggested the applicant remove these areas from
the lots and retain the areas as tracts to be maintained by the Property Owners
Association.
Staff expressed concerns with the development only allowing a five foot front
yard setback. Staff questioned homeowners backing from their drives into the
right-of-way before being able to see oncoming traffic. There was a lengthy
discussion concerning building placement and driveway location, which would
not require motorist to back into the right-of-way prior to viewing oncoming traffic.
Staff suggested the applicant review the proposed design and provide additional
information of how staff concerns could be addressed.
Staff also indicated the proposed gate design did not meet with ordinance
requirements. Staff stated the applicant should reconsider the design to allow
sufficient area for motorist to wait and not back up traffic in the street.
Public Works Comments were addressed. Staff noted all previous comments
would continue to apply to the proposed development. Staff asked if the street
would be developed as was previously proposed. The applicant indicated the
street would be constructed when any of the lots abutting Dorado Beach Drive
began to develop.
Staff noted comments from other reporting agencies. There being no further
items for discussion, the Committee then forwarded the item to the full
Commission for final action.
FILE NO.: Z-4562-C (Cont.
H. ANALYSIS:
The applicant submitted a revised plan to staff addressing most of the issues
raised at the September 25, 2003 Subdivision Committee meeting. The
applicant has removed the buffer areas from the proposed lots. Staff is
supportive of this arrangement. Staff feels the undisturbed areas should not be
included in prospective lots to avoid any possibility of the property owner clearing
the area at some point in the future.
The applicant has indicated Dorado Beach Drive will be extended as was
previously approved. The road will be extended when any lot abutting the road is
final platted. This includes Lots 15 — 17, 24 —26, 33 — 38 and 51 — 65.
The applicant has indicated the development as a gated community. There are
two gates from Dorado Beach Drive just past the Hinson Road intersection; one
to gate the area to the south and one to gate the area to the north. The applicant
has set the gate at sixty feet from the intersection as required by Traffic
Engineering. The applicant has indicated the gates will maintain an eighteen foot
opening as required by the Fire Department. There is also a gate located near
where Dorado Beach Drive exits the subdivision. This will gate the lots located in
Phase III, which are to be accessed by a private service drive paralleling Dorado
Beach Drive. This proposed gate does not meet ordinance requirements.
The applicant has not indicated a no right -of -vehicle access along the rear of the
lots abutting Dorado Beach Drive. Staff feels this should be put in place to limit
the number of curb cuts along the roadway; a collector street.
The applicant has indicated a maximum building area on the proposed lots. The
applicant has requested a 20-foot platted building line if the lots are to be front -
loaded garages and a 5-foot platted building line if the lots are to be side loaded
garages. The applicant is also requesting 10-foot rear yard setbacks and 5-foot
side yard setback. Staff has reservations of supporting this request. Although the
applicant has indicated the Bill of Assurance will detail the building lines and no
owner of a front loaded garage will be able to build to the 5-foot build line staff
feels this causes confusion on the part of potential homeowners. Staff feels the
reduced side and rear yard setbacks do not warrant a 5-foot front yard setback.
Staff feels allowing the buildings to be constructed to a 20-foot front yard setback
allows for sufficient area for construction of the potential homes. Staff would
however recommend if the Commission feels a 5-foot build line is acceptable for
the development that the Commission limit the area to the garages only and
require the actual body of the home to be constructed at the 20-foot build line.
The applicant has indicated signage has not been determined. The applicant
has stated signage will comply with signage allowed in residential zones. The
applicant has indicated should signage not comply with allowable signage then a
variance will be sought. The applicant also has not indicated fencing. The
A
FILE NO.: Z-4562-C (Cont.
applicant has indicated fencing has not yet been determined and if fencing does
not comply with ordinance requirements for residential zones, a variance will be
requested. Staff recommends the applicant resolve the signage and fencing
issue at this time since any variances must be addressed through the Planning
Commission and the Board of Directors.
In a written opinion from the City Attorney the applicant has meet the criteria of
the previously imposed covenants. The applicant has indicated and not intruded
into the previously identified green spaces.
Although staff is supportive of the concept of the development staff is not
supportive of the request as filed by the applicant. Staff feels there are too many
unresolved issues associated with the request (front platted building line, the
proposed signage, the proposed fencing, the no right -of -vehicle access along
Dorado Beach Drive and the gate at the private service drive paralleling Dorado
Beach Drive) to allow staff to recommend approval of the request.
TAFF RECOMMENDATION:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (OCTOBER 16, 2003)
The applicant was present representing the request. There were no registered
objectors present. Staff presented a recommendation of approval subject to compliance
with the conditions outlined in paragraphs D, E and F of the above report.
Staff also presented a recommendation of approval of the requested variance from the
Subdivision Ordinance to allow a reduced lot width for Lots 10, 11, 15, 16, 17, 18, 24,
25, 26, 33, 34, 40, 44 and 45, a variance to allow an increased lot depth to width ratio
for Lots 10, 11, 13 — 15 and 51, 57 — 61, a variance to allow a reduced front and side
yard setback — 5-feet on each and a reduced rear yard setback 10-feet and a variance
to allow Lots 15, 16, 17, 24, 25, 26 and 33 — 38 to develop as double frontage lots.
There was no further discussion of the item. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and
2 absent.
7
FILE NO.: Z-4562-C
NAME: Hickory Grove Revised Long -form PD-R
LOCATION: on the west side of Hinson Road, south of Pebble Beach
DEVELOPER:
EV-Mark Development, LLC
P.O. Box 241850
Little Rock, AR 72223
ENGINEER:
The Mehlburger Firm
201 South Izard Street
Little Rock, AR 72201
AREA: 38.62 Acres
CURRENT ZONING
ALLOWED USES:
PROPOSED ZONING
NUMBER OF LOTS: 65
.m
Townhouse development
Revised PD-R
FT. NEW STREET: 0
PROPOSED USE: Detached Single-family
VARIANCES/WAIVERS REQUESTED: Plat Variances —
1. Reduced lot width for Lots 10, 11, 15, 16, 17, 18, 24, 25, 26, 33, 34, 40, 44 and 45.
2. Increased lot depth to width ratio for Lots 10, 11, 13 — 15 and 51, 57 — 61.
3. Reduced front and side yard setbacks — 5-feet on each and a reduced rear yard
setback 10-feet.
4. A variance to allow Lots 15, 16, 17, 24, 25, 26 and 33 — 38 to develop as double
frontage lots.
BACKGROUND:
The property is the remaining 40+ acres of a 120-acre parcel or the eastern 1/3 of the
property owned by the First Baptist Church. The site was originally proposed as a
multipurpose facility with residential, school and church facility. The western 80 acres
have since developed as a single-family neighborhood.
FILE NO.: Z-4562-C (Cont.
This property was zoned MF-6, Multi -family District (six (6) units per gross acre allowed)
in mid-1981. A "Declaration of Covenants" was filed and recorded in 1981, which runs
with the property. The private covenants regulate the property's use and portion of the
property's development.
The private covenants state that the property will be developed for condominium units
developed pursuant to the Horizontal Property Act being Act 60 of 1961 (units for sale
only, no rental units). The covenants designate certain areas of the property as OS
(Open Space) and require a six (6) foot high privacy fence be constructed at one
location prior to any construction. The covenants also state that structures built in one
area of the property not exceed one and one-half stories in height; both located on the
northern boundary of the site.
A preliminary plat and a multiple building site plan review were filed on the site in May
1997, to allow the construction of 234 apartment units in 10 three-story buildings. Prior
to the Public Hearing; the applicant requested the application be withdrawn from
consideration.
A proposal was filed in March 2000, to develop a portion of the site (18.47 acres) with
22 buildings of owner occupied condominium housing. The application was later
withdrawn from consideration without prejudice prior to the Public Hearing.
Ordinance No. 18,884 adopted by the Little Rock Board of Directors on June 3, 2003,
rezoned this 39-acre site from MF-6 to a Planned Residential Development with 83
units. The applicant proposed to develop the site in three (3) phases with zero -lot line
townhouses, each of which would have its own lot of record. A common wall would be
shared by each structure, which would be dissected by the common property line. This
would allow some measure of property on each end of the structure for maintenance of
the building. The structures would have enclosed garages facing a private street with a
private courtyard on the rear of each townhouse unit.
The applicant proposed the construction of a bridge across the creek that separates this
property from Hinson Road. The bridge would be constructed in the first phase. The
applicant proposed a public roadway to connect with Hinson Road and Dorado Beach
Drive. The road would be constructed when one of the abutting lots was final platted.
There were two other streets proposed as a part of the development, which the
applicant intended to maintain as private streets.
There were three areas designated by covenants in the deed that were not to be
encroached upon by building construction. The applicant indicated the areas of
non -encroachment on the proposed development plan and indicated the covenants to
be in force.
6
FILE NO.: Z-4562-C (Cont.
Ordinance No. 18,883, also adopted June 3, 2003, allowed the requested variances for
lots without public street frontage, an increased lot depth to width ratio and a variance to
allow double frontage lots. The lots were sized to accommodate the building plans as
required in the Subdivision Ordinance for zero -lot line developments.
A. PROPOSAL/REQUEST:
The applicant proposes to amend the PD-R to allow the creation of 65 detached
single-family lots on this 38.62 acre site. The developer has indicated the
retention of the green spaces as was previously proposed in the areas to the
north and south of the site. The applicant has indicated Dorado Beach Drive will
be extended as was previously approved (as one of the lots abutting the roadway
is final platted).
The applicant is requesting variances from the Subdivision Ordinance to allow an
increased depth to width ratio, a reduced front lot width, a reduced platted
building line and reduced side and rear yard setbacks for specific lots within the
development. The developer has indicated the internal streets will be maintained
as private streets and be gated. The applicant has also indicated the
development will be constructed in three phases.
B. EXISTING CONDITIONS:
The site is currently undeveloped and heavily wooded. The Windsor Court
Condominium development and single-family residences are located to the
south, with single-family residences to the north. There is undeveloped R-2,
Single-family property to the west, with single-family residences further west.
Single-family residences and undeveloped R-2 property are also located across
Hinson Road to the east.
C. NEIGHBORHOOD COMMENTS:
The Westchester/Heatherbrae Neighborhood Association and the Hillsborough
Property Owners Association, all residents located within 300 feet of the site,
who could be identified and all owners of property located within 200 feet of the
site were notified of the Public Hearing. As of this writing, Staff has received
several informational phone calls from area residents.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. All previous comments apply on this subdivision apply to this modification.
2. A sidewalk is required on Dorado Beach Drive including the bridge.
3
FILE NO.: Z-4562-C Cont.
3. The gated entrances will have to be re -designed to prevent stacking of
vehicles out into the public street. Gates should be set back three car lengths
(60') from the right-of-way and provide a lane for entrance u-turns.
4. Regarding fence and wall construction: In accordance with Section 32-8, no
obstruction to visibility shall be located within a triangular area 50 feet back
from the intersecting right-of-way line (or intersecting tangent lines for radial
dedications) at street intersections.
5. Additional hill -side drainage easements should be provided. Relocation of
existing drainage ways should be minimized.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements if service is required
for the project. Existing 10-inch sewer main located along Hinson Road is area of
proposed floodway improvements. Relocation of the existing main is required to
remove manholes and sewer main from the area of improvements. Other existing
mains are located on site with easements that must be retained. Contact Little Rock
Wastewater Utility at 688-1414 for additional details.
Entergy: No comment received.
Center -Point Energy: Approved as submitted.
SBC: No comment received.
Central Arkansas Water: A public water main adequate to provide needed fire
protection and water service to each lot will be required adjacent to the proposed
roads. A Capital Investment Charge based on the size of the meter connection(s)
will apply to this project in addition to normal charges. This development will have
minor impact on existing water distribution system. Proposed water facilities will be
sized to provide adequate pressure and fire protection. Contact Central Arkansas
Water at 992-2438 for additional details.
Fire Department: All gates must have a 20-foot opening. Place fire hydrants per
code. Contact the Little Rock Fire Department at 918-3752 for additional details.
County Planning: No comment received.
CATA: No comment received.
F. I SSUESITECHN ICAVDESIGN:
Planninq Division: This request is located in the Chenal Planning District. The
Land Use Plan shows Low Density Residential for this property. The applicant
has applied for a revision of an existing Planned Development - Residential for
new houses.
4
FILE NO.: Z-4562-C (Cont.)
The request does not require a change to the Land Use Plan.
City Recognized Neighborhood Action Plan: The applicant's property lies in the
area covered by the River Mountain Neighborhood Action Plan. The Residential
Development goal listed the objective of developing Neo-traditional
neighborhoods (pedestrian and bicycle friendly neighborhoods, which are less
dependent on automobiles), in areas that have not yet developed. Action
statements listed include enforcing the construction of sidewalks with all types of
development, insuring the physical continuity of sidewalks, enforcing the
installation of curb and gutter, require the installment of underground utilities, and
requiring the installation of street lighting by the time streets are opened.
Landscape: No comment received.
G. SUBDIVISION COMMITTEE COMMENT:
(September 25, 2003)
The applicant was present representing the request. Staff presented the item
indicating the request was to revise a previously approved PD-R to allow the
construction of detached single-family homes. Staff noted the areas set aside for
buffer were still intact. Staff suggested the applicant remove these areas from
the lots and retain the areas as tracts to be maintained by the Property Owners
Association.
Staff expressed concerns with the development only allowing a five foot front
yard setback. Staff questioned homeowners backing from their drives into the
right-of-way before being able to see oncoming traffic. There was a lengthy
discussion concerning building placement and driveway location, which would
not require motorist to back into the right-of-way prior to viewing oncoming traffic.
Staff suggested the applicant review the proposed design and provide additional
information of how staff concerns could be addressed.
Staff also indicated the proposed gate design did not meet with ordinance
requirements. Staff stated the applicant should reconsider the design to allow
sufficient area for motorist to wait and not back up traffic in the street.
Public Works Comments were addressed. Staff noted all previous comments
would continue to apply to the proposed development. Staff asked if the street
would be developed as was previously proposed. The applicant indicated the
street would be constructed when any of the lots abutting Dorado Beach Drive
began to develop.
Staff noted comments from other reporting agencies. There being no further
items for discussion, the Committee then forwarded the item to the full
Commission for final action.
5
FILE NO.: Z-4562-C Cont.
H. ANALYSIS:
The applicant submitted a revised plan to staff addressing most of the issues
raised at the September 25, 2003 Subdivision Committee meeting. The
applicant has removed the buffer areas from the proposed lots. Staff is
supportive of this arrangement. Staff feels the undisturbed areas should not be
included in prospective lots to avoid any possibility of the property owner clearing
the area at some point in the future.
The applicant has indicated Dorado Beach Drive will be extended as was
previously approved. The road will be extended when any lot abutting the road is
final platted. This includes Lots 15 — 17, 24 —26, 33 — 38 and 51 — 65.
The applicant has indicated the development as a gated community. There are
two gates from Dorado Beach Drive just past the Hinson Road intersection; one
to gate the area to the south and one to gate the area to the north. The applicant
has set the gate at sixty feet from the intersection as required by Traffic
Engineering. The applicant has indicated the gates will maintain an eighteen foot
opening as required by the Fire Department. There is also a gate located near
where Dorado Beach Drive exits the subdivision. This will gate the lots located in
Phase III, which are to be accessed by a private service drive paralleling Dorado
Beach Drive. This proposed gate does not meet ordinance requirements.
The applicant has not indicated a no right -of -vehicle access along the rear of the
lots abutting Dorado Beach Drive. Staff feels this should be put in place to limit
the number of curb cuts along the roadway; a collector street.
The applicant has indicated a maximum building area on the proposed lots. The
applicant has requested a 20-foot platted building line if the lots are to be front -
loaded garages and a 5-foot platted building line if the lots are to be side loaded
garages. The applicant is also requesting 10-foot rear yard setbacks and 5-foot
side yard setback. Staff has reservations of supporting this request. Although the
applicant has indicated the Bill of Assurance will detail the building lines and no
owner of a front loaded garage will be able to build to the 5-foot build line staff
feels this causes confusion on the part of potential homeowners. Staff feels the
reduced side and rear yard setbacks do not warrant a 5-foot front yard setback.
Staff feels allowing the buildings to be constructed to a 20-foot front yard setback
allows for sufficient area for construction of the potential homes. Staff would
however recommend if the Commission feels a 5-foot build line is acceptable for
the development that the Commission limit the area to the garages only and
require the actual body of the home to be constructed at the 20-foot build line.
The applicant has indicated signage has not been determined. The applicant
has stated signage will comply with signage allowed in residential zones. The
applicant has indicated should signage not comply with allowable signage then a
variance will be sought. The applicant also has not indicated fencing. The
[.
FILE NO.: Z-4562-C Cont.
applicant has indicated fencing has not yet been determined and if fencing does
not comply with ordinance requirements for residential zones, a variance will be
requested. Staff recommends the applicant resolve the signage and fencing
issue at this time since any variances must be addressed through the Planning
Commission and the Board of Directors.
In a written opinion from the City Attorney the applicant has meet the criteria of
the previously imposed covenants. The applicant has indicated and not intruded
into the previously identified green spaces.
Although staff is supportive of the concept of the development staff is not
supportive of the request as filed by the applicant. Staff feels there are too many
unresolved issues associated with the request (front platted building line, the
proposed signage, the proposed fencing, the no right -of -vehicle access along
Dorado Beach Drive and the gate at the private service drive paralleling Dorado
Beach Drive) to allow staff to recommend approval of the request.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (OCTOBER 16, 2003)
The applicant was present representing the request. There were no registered
objectors present. Staff presented a recommendation of approval subject to compliance
with the conditions outlined in paragraphs D, E and F of the above report.
Staff also presented a recommendation of approval of the requested variance from the
Subdivision Ordinance to allow a reduced lot width for Lots 10, 11, 15, 16, 17, 18, 24,
25, 26, 33, 34, 40, 44 and 45, a variance to allow an increased lot depth to width ratio
for Lots 10, 11, 13 — 15 and 51, 57 — 61, a variance to allow a reduced front and side
yard setback — 5-feet on each and a reduced rear yard setback 10-feet and a variance
to allow Lots 15, 16, 17, 24, 25, 26 and 33 — 38 to develop as double frontage lots.
There was no further discussion of the item. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and
2 absent.
7