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HomeMy WebLinkAboutS-1385 Staff AnalysisOctober 16, 2003 ITEM NO.: A FILE NO.: S- NAME: Callaghan Creek Preliminary Plat LOCATION: North of Raines Road near the intersection with Sullivan Road DEVELOPER: M. Mellor Incorporated 10001 Mabelvale Pike Mabelvale, AR 72103 ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 AREA: 38.8 acres NUMBER OF LOTS: 22 CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 — Crystal Valley CENSUS TRACT: 42.08 VARIAN C ESNVAIVE RS REQUESTED: FT. NEW STREET: 1850 1. A five (5) year deferral of Master Street Plan requirements to Raines Road (1/2 street construction requirement). 2. A waiver of Master Street Plan requirements for the internal streets (to maintain internal streets as private streets). 3. A waiver of Master Street Plan requirements for the internal sidewalk placement and to allow walking trails as an alternative pedestrian circulation system. 4. A variance to allow an increased lot depth to width ratio for Lots 12, 13 and 20. A. PROPOSAL: The applicant proposes to subdivide this 38 acre tract into 22 one -acre home site, walking trails around a five acre lake and twelve acres of woodlands in a Subdivision Committee Comments ITEM NO.: 6 NAME: Callaghan Creek Preliminary Plat May 22, 2003 FILE NO.: S- 1385 LOCATION: North of Raines Road east of the Sullivan Road intersection. Planning Staff Comments. p 1. Provide notification of abutting property owners complete with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. Provide a no access easement along Raines Road (10-foot no access and utility easement). 3. Provide the names of adjoining property owners on the proposed preliminary plat. :y? 4. Provide the zoning classifications within and of abutting tracts on the proposed preliminary plat. 5. The development will be constructed with a private wastewater collection and treatment facility. 6. There is a proposed Collector street located along the western property line. Adjacent to an arterial street a 30-foot platted building line is required from the newly established property line. 7. A 35-foot platted building line is required adjacent to Raines Road an arterial street. Variance/Waivers: 1. A waiver of Master Street Plan requirements to Raines Road. 2. A waiver of Master Street Plan requirements to internal streets and to maintain internal streets as private streets. 3. A variance to allow an increased lot width to depth ratio for Lots 12, 13 and 20. 4. A variance to allow lots without public street frontage for Lots 2 —15, 18, 19 and 22. 07 Public Works: 'a 1. Raines Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. 2. There is an un-named collector street shown on the Master Street Plan that runs along the western boundary of the proposed subdivision. A dedication of right-of- way 30-feet from the property boundary will be required. 3. Provide design of boundary streets conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 4. A sidewalk is required on one side of Lake Lucca Road to the intersection of Lake Luccea Court. 5. Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 7. The proposed alteration of the floodway will require flood map revisions. Obtain conditional approval from Pulaski County and the Federal Emergency Management Agency prior to start of construction. 8. This typical section does not meet Master Street Plan cross section requirements. The typical residential section is 26-feet wide from back of curb to back of curb. Utilities and Fire Department/County Planning: Wastewater: Outside service boundary, no comment. Entergy: Approved as submitted. Center -Point Energy: Approved as submitted. SBC: Approved as submitted. Central Arkansas Water: Installation of water facilities will be required in order to provide adequate fire protection and water service to this property. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. County Plannin : No comment received. CATA: No comment received. Planninq 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, May 28, 2003. October 16, 2003 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: S- 1385 private gated community. The development is requesting a waiver of Master Street Plan requirements to allow the subdivision to develop with private streets and walking trails as an alternative pedestrian circulation system. The development is proposed as a fenced, private gated community with under ground utilities and a private wastewater collection and treatment facility. The applicant is proposing a Step System in which each unit will have a septic tank where the solids are contained and the liquids are drained through lines to be collected into a second holding tank to be treated and later be discharged into the Callaghan Creek. (The site is located outside the city limits therefore connection to the Little Rock Wastewater Utility system is not an option without annexation.) There are four waivers and variances being requested as a part of the development. The applicant is requesting a waiver of Master Street Plan requirements to Raines Road. The applicant is also requesting a waiver of the Master Street Plan requirements for the internal streets. As stated the streets will be maintained as private streets and will be constructed to City standard with the exception of sidewalks. The applicant has indicted the desired effect is that of a rural setting. The applicant is requesting a variance to allow three of the 22 lots to develop at a greater lot depth to width ratio than is allowed under the Subdivision Ordinance and a variance to allow lots to development without public street frontage (private streets will serve the development). The City's Master Street Plan also indicates a Collector street located on the applicant's western property line. Staff has reviewed the Master Street Plan and has determined due to the development pattern in the area a Collector in not needed in this location. Staff is requesting the Commission review the abandonment of the Collector street from the Master Street Plan as apart of this application. B. EXISTING CONDITIONS: The site is vacant; tree covered and gently sloping from the west and north to the east and south. The area is primarily single family in both stick built and manufactured homes. The area to the south is a non -conforming non-residential uses at one time used as a salvage yard. C. NEIGHBORHOOD COMMENTS: Southwest United for Progress, the Crystal Valley Neighborhood Association and the Otter Creek Homeowners Association along with all abutting property owners were notified of the Public Hearing. As of this writing, staff has not received any comment from area residents. 2 October 16, 2003 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S- 138 D. ENGINEERING COMMENTS: Public Works: 1. Raines Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. 2. There is an un-named collector street shown on the Master Street Plan that runs along the western boundary of the proposed subdivision. A dedication of right-of-way 30-feet from the property boundary will be required. 3. Provide design of boundary streets conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 4. A sidewalk is required on one side of Lake Lucca Road to the intersection of Lake Luccea Court. 5. Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 7. The proposed alteration of the floodway will require flood map revisions. Obtain conditional approval from Pulaski County and the Federal Emergency Management Agency prior to start of construction. 8. This typical section does not meet Master Street Plan cross section requirements. The typical residential section is 26-feet wide from back of curb to back of curb. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary, no comment. Entergy: Approved as submitted. Center -Point Energy: Approved as submitted. SBC: Approved as submitted. Central Arkansas Water: Installation of water facilities will be required in order to provide adequate fire protection and water service to this property. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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. K, October 16, 2003 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S- 1385 Fire Department: Place fire hydrants per code. Department at 918-3752 for additional details. Counfy Planning: No comment received. CATA: No comment received. F. ISSUESITECHNICAUDESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: Contact the Little Rock Fire (May 22, 2003) Mr. Mike Watson of the Mehlburger Firm was present representing the application. Staff briefly described the proposal indicating the site was located outside the city limits but in the City's Extraterritorial Planning Jurisdiction. Staff stated the applicant was proposing the placement of a private wastewater collection and treatment facility on the site. Staff requested the applicant provide additional information concerning the wastewater collection and treatment facility. Staff stated there were a number of waivers and variances being requested for the proposed development. Staff stated the applicant was requesting waivers for Master Street Plan requirements and lot development standards. There was a discussion concerning the proposed Collector street located on the western property line to extend from Raines Road north to eventually connect with Sullivan Road. There was also a discussion concerning the ordinance requirements with regard to setbacks related to a collector street. Mr. Watson stated with the development pattern in the area a Collector street was no longer necessary. He stated the area to the west had developed with a cul-de-sac and the rear of the homes would abut the street. He stated even if his owner developed one-half of the street the other one-half would not be developed. Public Works comments were addressed. Staff stated right-of-way would be required along Raines Road. Staff stated the Master Street Plan did require one- half street improvements to the road and the waiver would have to be sought from the Commission and ultimately the Board of Directors. Staff also stated per the Master Street Plan a sidewalk was required along Lake Lucca Road to the intersection of Lake Luccea Court. 4 October 16, 2003 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S- 1385 Mr. Watson stated he would meet with his client and discuss the comments. He stated he would return a revised plan to staff by the requested date. There were no additional comments for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing the issues raised at the May 22, 2003 Subdivision Committee meeting. The applicant has requested a five (5) year deferral of half street construction to Raines Road. Staff is supportive of this request. The applicant has also requested a variance from the Subdivision Ordinance to allow Lots 12, 13 and 20 to develop with an increased depth to width ratio. The Subdivision Ordinance states no lot maybe developed at a depth greater than three times the width [Section 31-232(b)]. Staff is supportive of the request to allow an increased depth to width ratio for these three lots (Lots 12, 13 and 20). The applicant is also requesting the subdivision be developed with private streets. Per the Subdivision Ordinance private streets shall be discouraged however private streets maybe approved by the Planning Commission to serve isolated development. The streets are to be constructed to public street standards and are only permissible in the form of cul-de-sac and short loop streets. The lots may develop on private street frontage if explicitly approved by the Planning Commission. The applicant has indicated the streets will conform to Master Street Plan design standard with the exception of the sidewalk placement. Three of the lots will abut Raines Road and the internal street. A variance to allow these lots to develop as double frontage lots is not required. (Section 31- 232(d) double frontage lots are prohibited however reverse frontage lots are permitted where a subdivision abuts or contains an existing or proposed arterial street, freeway, expressway or railroad right-of-way.) The proposed development will utilize a private wastewater collection and treatment facility. The facility is proposed as a Step System utilizing individual septic tanks to contain the solids while the liquids are pumped off. The liquids are then collected to a centralized treatment facility where they are treated prior to release in the Callahan Creek. The applicant will be required to work with the State Health Department to obtain approvals of this type system. There is a proposed Collector street shown on the City's Master Street Plan along the applicant's western boundary. Staff has review the Master Street Plan and has determined a collector street in this area is not necessary due to the development patterns in the area. The area to the west has developed with the rear of the homes abutting the proposed Collector street and the proposed subdivision is to be developed with the rear of the homes abutting the proposed collector street. Neither subdivision would take access to the street and both are accessed by cul-de-sac streets. Staff will forward a Master Street Plan 5 October 16, 2003 SUBDIVISION ITEM NO.: A (Cont. S- 1385 amendment to the Board of Directors should the Commission approve the removal of the Collector street from the Master Street Plan. To Staff's knowledge, there are no outstanding issues associated with the proposed request. The request is consistent with development patterns in the area and should have minimal to no adverse impact on the surrounding area. STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraphs D, E and F of this report. Staff is supportive of the requested five (5) year deferral of Master Street Plan requirements to Raines Road (1/2 street construction requirement). Staff is supportive of the request waiver to allow the internal streets and to maintain internal streets as private streets. Staff recommends approval of the request to allow the paved walking trails to serve as an alternative pedestrian circulation system. Staff is supportive of the requested variance to allow an increased lot depth to width ratio for Lots 12, 13 and 20. Staff recommends the Master Street Plan be amended to remove a proposed collector street from the Master Street Plan adjacent to the western boundary of the proposed development. PLANNING COMMISSION ACTION: (J U N E 12, 2003) Mr. Mike Watson of the Mehlburger Firm was present representing the request. There were objectors present. Staff presented the item with a recommendation of approval subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff also presented positive recommendations of the waivers and variances to the Subdivision and Master Street Plan Ordinances. Staff stated they were supportive of the requested five (5) year deferral of Master Street Plan requirements to Raines Road (1/2 street construction requirement) and the request to allow the internal streets to be maintained as private streets. Staff stated the request for paved walking trails to serve as an alternative pedestrian circulation system was also being supported. Staff presented a positive recommendation of the Subdivision Ordinance variance request to allow an increased lot depth to width ratio for Lots 12, 13 and 20. Staff stated the Master Street Plan included a proposed Collector Street along the properties western boundary. Staff stated after a review of the Master Street Plan it had been determined due to the development pattern in the area Staff was requesting L October 16, 2003 SUBDIVISION ITEM NO.: A (Cont.)_ FILE NO.: S- 1385 the proposed Collector Street be removed from the Master Street Plan. Staff stated if the Commission agreed their recommendation would be forwarded to the Board of Directors with the amendment request. John Wallis spoke in opposition of the proposed development. He stated his concerns were with the discharge of the wastewater system into the creek. He stated his property adjoined the site to the east and this was the low area of the site. He questioned how the wastewater collection treatment system would be handled. Mr. Gary Boyle raised questions concerning the proposed development. He stated he was the fire chief in the area and he had not been contacted concerning the proposed development. The Commission questioned why the volunteer fire department was not contacted. Staff stated this was an oversight and they would work with the fire chief to resolve his concern. Mr. Boyle stated he had a concern with the development only allowing one entrance into the subdivision. Ms. Cindy Nalley stated she also was concerned with the proposed development and the discharge into the Callaghan Creek. She stated the area was a rural area and the development of the site with 20 new homes was somewhat intense. She questioned the requested waiver of street improvements stating Raines Road was a narrow two- lane road. She stated with the development there would be additional traffic into the area and the roadway should be widened to accommodate the increased traffic. Ms. Cindy Dawson, Deputy City Attorney, questioned if the Commission could hear the item. She stated the Subdivision Ordinance clearly required the submission of approval from the Arkansas Department of Health concerning the wastewater collection and treatment facility at the time of preliminary plat submittal. Ms. Dawson referred to Section 31-400 stating the Commission could not vote on the plat until the applicant had all the required documentation necessary. There was a general discussion concerning the proposed requirements and how applications in the past had been handled. Staff stated in the past they had not reviewed an application which would be utilizing a private wastewater collection and treatment facility. The applicant stated the Health Department required construction drawing prior to the issuance of a letter stating a design would work in an area. Staff stated then a letter stating they would not approve the concept would need to be furnished. A motion was made to defer the item to the June 26, 2003 Public Hearing. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JUNE 26, 2003) The applicant was not present. Staff stated the applicant was working with the Arkansas Department of Health to resolve the outstanding wastewater issues related to the plat. Staff stated the applicant had requested the item be deferred to the July 24, 2003 Public Hearing. VA October 16, 2003 SUBDIVISION ITEM NO.: A(Cont.)FILE NO.: S- 1385 There was no further discussion of the item. The Chair placed the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (JULY 24, 2003) The applicant was not present representing the request. There were no objectors present. Staff stated the applicant had requested the item be deferred to the August 7, 2003 Public Hearing. Staff stated the request was not received as required by the Planning Commission By -Laws and would require a waiver of the By -Laws to allow the deferral. A motion was made to waive the By -Laws to allow the deferral of the request. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. There was no further discussion of the item. The Chair placed the item on the consent agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (AUGUST 7, 2003) Staff informed the Commission that the applicant requested the application be deferred to the September 4, 2003 Planning Commission agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 4, 2003 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The item was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2003) The applicant was not present. There were no objectors present. Staff stated the applicant had requested a deferral to the October 16, 2003 Public Hearing. Staff stated the applicant was still trying to resolve issues with the Arkansas Department of Health with regard to the wastewater collection and treatment facility. Staff stated they were in favor of the deferral request. Staff noted the request was the third deferral request and typically the By -Laws only allowed for three deferrals. Staff stated the deferral would require a waiver of the By -Laws. Staff also stated the applicant did not request the deferral until one day prior to the Public Hearing. Staff noted the By -Laws stated all request should be made in writing at least five day prior to the Commission meeting. Staff stated this too would require a waiver of the By -Laws. F October 16, 2003 SUBDIVISION ILE NO.: S- 1385 A motion was made to waive the By -Laws with regard to the third deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to waive the By -Laws with regard to the time frame for the deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to defer the request to the October 16, 2003 Public Hearing. There was no further discussion of the item. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (OCTOBER 16, 2003) The applicant was not present. There were no registered objectors present. Staff stated the applicant had requested the item be deferred to the October 30, 2003 Public Hearing. Staff stated their recommendation was to defer the item to the December 4, 2003 Public Hearing to allow any additional information submitted by the applicant concerning the wastewater collection and treatment system to be reviewed by the Subdivision Committee. Staff recommended if the issues related to the application were not resolved prior to the December 4, 2003 Public Hearing the item be withdrawn and filed at a later date if and when the outstanding issues were resolved. Staff stated the deferral request would take a waiver of the By -Laws related to the number of deferral request and the timeliness of the requested deferral. Separate motions were made for each of the deferral request. Each motion carried by a vote of 9 ayes, 0 noes and 2 absent. 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. M FILE NO.: S-1385 NAME: Callaghan Creek Preliminary Plat LOCATION: North of Raines Road near the intersection with Sullivan Road DEVELOPER: M. Mellor Incorporated 10001 Mabelvale Pike Mabelvale, AR 72103 ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 AREA: 38.8 acres NUMBER OF LOTS: 22 FT. NEW STREET: 1850 CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 — Crystal Valley CENSUS TRACT: 42.08 VARIANCESMAIVERS REQUESTED: 1. A five (5) year deferral of Master Street Plan requirements to Raines Road (1/2 street construction requirement). 2. A waiver of Master Street Plan requirements for the internal streets (to maintain internal streets as private streets). 3. A waiver of Master Street Plan requirements for the internal sidewalk placement and to allow walking trails as an alternative pedestrian circulation system. 4. A variance to allow an increased lot depth to width ratio for Lots 12, 13 and 20. FILE NO_: S-1385 (Cont. The applicant proposes to subdivide this 38 acre tract into 22 one -acre home site, walking trails around a five acre lake and twelve acres of woodlands in a private gated community. The development is requesting a waiver of Master Street Plan requirements to allow the subdivision to develop with private streets and walking trails as an alternative pedestrian circulation system. The development is proposed as a fenced, private gated community with under ground utilities and a private wastewater collection and treatment facility. The applicant is proposing a Step System in which each unit will have a septic tank where the solids are contained and the liquids are drained through lines to be collected into a second holding tank to be treated and later be discharged into the Callaghan Creek. (The site is located outside the city limits therefore connection to the Little Rock Wastewater Utility system is not an option without annexation.) There are four waivers and variances being requested as a part of the development. The applicant is requesting a waiver of Master Street Plan requirements to Raines Road. The applicant is also requesting a waiver of the Master Street Plan requirements for the internal streets. As stated the streets will be maintained as private streets and will be constructed to City standard with the exception of sidewalks. The applicant has indicted the desired effect is that of a rural setting. The applicant is requesting a variance to allow three of the 22 lots to develop at a greater lot depth to width ratio than is allowed under the Subdivision Ordinance and a variance to allow lots to development without public street frontage (private streets will serve the development). The City's Master Street Plan also indicates a Collector street located on the applicant's western property line. Staff has reviewed the Master Street Plan and has determined due to the development pattern in the area a Collector in not needed in this location. Staff is requesting the Commission review the abandonment of the Collector street from the Master Street Plan as apart of this application. B. EXISTING CONDITIONS: The site is vacant; tree covered and gently sloping from the west and north to the east and south. The area is primarily single family in both stick built and manufactured homes. The area to the south is a non -conforming non-residential uses at one time used as a salvage yard. C. NEIGHBORHOOD COMMENTS: Southwest United for Progress, the Crystal Valley Neighborhood Association and the Otter Creek Homeowners Association along with all abutting property owners were notified of the Public Hearing. As of this writing, staff has not received any comment from area residents. 4 FILE NO.: S-1385 (Cont. D. ENGINEERING COMMENTS: Public Works: 1. Raines Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. 2. There is an un-named collector street shown on the Master Street Plan that runs along the western boundary of the proposed subdivision. A dedication of right-of-way 30-feet from the property boundary will be required. 3. Provide design of boundary streets conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 4. A sidewalk is required on one side of Lake Lucca Road to the intersection of Lake Luccea Court. 5. Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 7. The proposed alteration of the floodway will require flood map revisions. Obtain conditional approval from Pulaski County and the Federal Emergency Management Agency prior to start of construction. 8. This typical section does not meet Master Street Plan cross section requirements. The typical residential section is 26-feet wide from back of curb to back of curb. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary, no comment. Entergy: Approved as submitted. Center -Point Energy: Approved as submitted. SBC: Approved as submitted. Central Arkansas Water: Installation of water facilities will be required in order to provide adequate fire protection and water service to this property. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. 3 FILE NO.: S-1385 (Cont. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 22, 2003) Mr. Mike Watson of the Mehlburger Firm was present representing the application. Staff briefly described the proposal indicating the site was located outside the city limits but in the City's Extraterritorial Planning Jurisdiction. Staff stated the applicant was proposing the placement of a private wastewater collection and treatment facility on the site. Staff requested the applicant provide additional information concerning the wastewater collection and treatment facility. Staff stated there were a number of waivers and variances being requested for the proposed development. Staff stated the applicant was requesting waivers for Master Street Plan requirements and lot development standards. There was a discussion concerning the proposed Collector street located on the western property line to extend from Raines Road north to eventually connect with Sullivan Road. There was also a discussion concerning the ordinance requirements with regard to setbacks related to a collector street. Mr. Watson stated with the development pattern in the area a Collector street was no longer necessary. He stated the area to the west had developed with a cul-de-sac and the rear of the homes would abut the street. He stated even if his owner developed one-half of the street the other one-half would not be developed. Public Works comments were addressed. Staff stated right-of-way would be required along Raines Road. Staff stated the Master Street Plan did require one- half street improvements to the road and the waiver would have to be sought from the Commission and ultimately the Board of Directors. Staff also stated per the Master Street Plan a sidewalk was required along Lake Lucca Road to the intersection of Lake Luccea Court. Mr. Watson stated he would meet with his client and discuss the comments. He stated he would return a revised plan to staff by the requested date. There were no additional comments for discussion. The Committee then forwarded the item to the full Commission for final action. 4 FILE NO.: S-1385 (C H. ANALYSIS The applicant submitted a revised plan to staff addressing the issues raised at the May 22, 2003 Subdivision Committee meeting. The applicant has requested a five (5) year deferral of half street construction to Raines Road. Staff is supportive of this request. The applicant has also requested a variance from the Subdivision Ordinance to allow Lots 12, 13 and 20 to develop with an increased depth to width ratio. The Subdivision Ordinance states no lot maybe developed at a depth greater than three times the width [Section 31-232(b)]. Staff is supportive of the request to allow an increased depth to width ratio for these three lots (Lots 12, 13 and 20). The applicant is also requesting the subdivision be developed with private streets. Per the Subdivision Ordinance private streets shall be discouraged however private streets maybe approved by the Planning Commission to serve isolated development. The streets are to be constructed to public street standards and are only permissible in the form of cul-de-sac and short loop streets. The lots may develop on private street frontage if explicitly approved by the Planning Commission. The applicant has indicated the streets will conform to Master Street Plan design standard with the exception of the sidewalk placement. Three of the lots will abut Raines Road and the internal street. A variance to allow these lots to develop as double frontage lots is not required. (Section 31- 232(d) double frontage lots are prohibited however reverse frontage lots are permitted where a subdivision abuts or contains an existing or proposed arterial street, freeway, expressway or railroad right-of-way.) The proposed development will utilize a private wastewater collection and treatment facility. The facility is proposed as a Step System utilizing individual septic tanks to contain the solids while the liquids are pumped off. The liquids are then collected to a centralized treatment facility where they are treated prior to release in the Callahan Creek. The applicant will be required to work with the State Health Department to obtain approvals of this type system. There is a proposed Collector street shown on the City's Master Street Plan along the applicant's western boundary. Staff has review the Master Street Plan and has determined a collector street in this area is not necessary due to the development patterns in the area. The area to the west has developed with the rear of the homes abutting the proposed Collector street and the proposed subdivision is to be developed with the rear of the homes abutting the proposed collector street. Neither subdivision would take access to the street and both are accessed by cul-de-sac streets. Staff will forward a Master Street Plan amendment to the Board of Directors should the Commission approve the removal of the Collector street from the Master Street Plan. To Staffs knowledge, there are no outstanding issues associated with the proposed request. The request is consistent with development patterns in the area and should have minimal to no adverse impact on the surrounding area. 5 FILE NO.: S-1385 (Cont. STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraphs D, E and F of this report. Staff is supportive of the requested five (5) year deferral of Master Street Plan requirements to Raines Road (1/2 street construction requirement). Staff is supportive of the request waiver to allow the internal streets and to maintain internal streets as private streets. Staff recommends approval of the request to allow the paved walking trails to serve as an alternative pedestrian circulation system. Staff is supportive of the requested variance to allow an increased lot depth to width ratio for Lots 12, 13 and 20. Staff recommends the Master Street Plan be amended to remove a proposed collector street from the Master Street Plan adjacent to the western boundary of the proposed development. PLANNING COMMISSION ACTION: (JUNE 12, 2003) Mr. Mike Watson of the Mehlburger Firm was present representing the request. There were objectors present. Staff presented the item with a recommendation of approval subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff also presented positive recommendations of the waivers and variances to the Subdivision and Master Street Plan Ordinances. Staff stated they were supportive of the requested five (5) year deferral of Master Street Plan requirements to Raines Road (1/2 street construction requirement) and the request to allow the internal streets to be maintained as private streets. Staff stated the request for paved walking trails to serve as an alternative pedestrian circulation system was also being supported. Staff presented a positive recommendation of the Subdivision Ordinance variance request to allow an increased lot depth to width ratio for Lots 12, 13 and 20. Staff stated the Master Street Plan included a proposed Collector Street along the properties western boundary. Staff stated after a review of the Master Street Plan it had been determined due to the development pattern in the area Staff was requesting the proposed Collector Street be removed from the Master Street Plan. Staff stated if the Commission agreed their recommendation would be forwarded to the Board of Directors with the amendment request. John Wallis spoke in opposition of the proposed development. He stated his concerns were with the discharge of the wastewater system into the creek. He stated his property adjoined the site to the east and this was the low area of the site. He questioned how the wastewater collection treatment system would be handled. FILE NO.: S-1385 (Cont. Mr. Gary Boyle raised questions concerning the proposed development. He stated he was the fire chief in the area and he had not been contacted concerning the proposed development. The Commission questioned why the volunteer fire department was not contacted. Staff stated this was an oversight and they would work with the fire chief to resolve his concern. Mr. Boyle stated he had a concern with the development only allowing one entrance into the subdivision. Ms. Cindy Nalley stated she also was concerned with the proposed development and the discharge into the Callaghan Creek. She stated the area was a rural area and the development of the site with 20 new homes was somewhat intense. She questioned the requested waiver of street improvements stating Raines Road was a narrow two- lane road. She stated with the development there would be additional traffic into the area and the roadway should be widened to accommodate the increased traffic. Ms. Cindy Dawson, Deputy City Attorney, questioned if the Commission could hear the item. She stated the Subdivision Ordinance clearly required the submission of approval from the Arkansas Department of Health concerning the wastewater collection and treatment facility at the time of preliminary plat submittal. Ms. Dawson referred to Section 31-400 stating the Commission could not vote on the plat until the applicant had all the required documentation necessary. There was a general discussion concerning the proposed requirements and how applications in the past had been handled. Staff stated in the past they had not reviewed an application which would be utilizing a private wastewater collection and treatment facility. The applicant stated the Health Department required construction drawing prior to the issuance of a letter stating a design would work in an area. Staff stated then a letter stating they would not approve the concept would need to be furnished. A motion was made to defer the item to the June 26, 2003 Public Hearing. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JUNE 26, 2003) The applicant was not present. Staff stated the applicant was working with the Arkansas Department of Health to resolve the outstanding wastewater issues related to the plat. Staff stated the applicant had requested the item be deferred to the July 24, 2003 Public Hearing. There was no further discussion of the item. The Chair placed the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 7 FILE NO.: S-1385 (Cont. PLANNING COMMISSION ACTION: (JULY 24, 2003) The applicant was not present representing the request. There were no objectors present. Staff stated the applicant had requested the item be deferred to the August 7, 2003 Public Hearing. Staff stated the request was not received as required by the Planning Commission By -Laws and would require a waiver of the By -Laws to allow the deferral. A motion was made to waive the By -Laws to allow the deferral of the request. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. There was no further discussion of the item. The Chair placed the item on the consent agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (AUGUST 7, 2003) Staff informed the Commission that the applicant requested the application be deferred to the September 4, 2003 Planning Commission agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 4, 2003 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The item was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2003) The applicant was not present. There were no objectors present. Staff stated the applicant had requested a deferral to the October 16, 2003 Public Hearing. Staff stated the applicant was still trying to resolve issues with the Arkansas Department of Health with regard to the wastewater collection and treatment facility. Staff stated they were in favor of the deferral request. Staff noted the request was the third deferral request and typically the By -Laws only allowed for three deferrals. Staff stated the deferral would require a waiver of the By -Laws. Staff also stated the applicant did not request the deferral until one day prior to the Public Hearing. Staff noted the By -Laws stated all request should be made in writing at least five day prior to the Commission meeting. Staff stated this too would require a waiver of the By -Laws. A motion was made to waive the By -Laws with regard to the third deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to waive the By -Laws with regard to the time frame for the deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. n FILE NO.: S-1385 (Cont.) A motion was made to defer the request to the October 16, 2003 Public Hearing. There was no further discussion of the item. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (OCTOBER 16, 2003) The applicant was not present. There were no registered objectors present. Staff stated the applicant had requested the item be deferred to the October 30, 2003 Public Hearing. Staff stated their recommendation was to defer the item to the December 4, 2003 Public Hearing to allow any additional information submitted by the applicant concerning the wastewater collection and treatment system to be reviewed by the Subdivision Committee. Staff recommended if the issues related to the application were not resolved prior to the December 4, 2003 Public Hearing the item be withdrawn and filed at a later date if and when the outstanding issues were resolved. Staff stated the deferral request would take a waiver of the By -Laws related to the number of deferral request and the timeliness of the requested deferral. Separate motions were made for each of the deferral request. Each motion carried by a vote of 9 ayes, 0 noes and 2 absent. 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. PLANNING COMMISSION ACTION: (DECEMBER 4, 2003) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had resolved all the outstanding issues associated with the proposed request. Staff stated the applicant had received an approval letter of the proposed wastewater collection and treatment system and the proposed design had not change from the original submission. Staff stated to their knowledge there were no outstanding issues associated with the request. Staff presented a recommendation of approval of the requested preliminary plat subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff stated they were also supportive of the requested five (5) year deferral of the Master Street Plan requirements to Raines Road (1/2 street construction requirement) and the requested waiver to allow the internal streets to be maintained as private streets. 9 FILE NO.: S-1385 (Cont. Staff presented a recommendation of approval of the request to allow the paved walking trails to serve as an alternative pedestrian circulation system. Staff stated they also were supportive of the requested variance to allow an increased lot depth to width ratio for Lots 12, 13 and 20. Staff presented a recommendation that the Master Street Plan be amended to remove a proposed collector street from the Master Street Plan adjacent to the western boundary of the proposed development. There was no further discussion of the item. The item was placed on the consent agenda for approval. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. 10