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HomeMy WebLinkAboutS-1433-A Staff AnalysisMarch 1, 2007 ITEM NO.: 3 FILE NO.: S-1433-A NAME: Foreman Lake Garden Addition Preliminary Plat LOCATION: Located on Leatrice and Alberta Drives DEVELOPER: Dr. William Humphrey 11215 Herritage Road Little Rock, AR 72211 ENGINEER: White Daters and Associates #24 Rahling circle Little Rock, AR 72223 AREA: 1.4 acres CURRENT ZONING: PLANNING DISTRICT: NUMBER OF LOTS: 2 R-2, Single-family 3 — West Little Rock CENSUS TRACT: 22.03 VARIANCES/WAIVERS REQUESTED: FT. NEW STREET: 0 1. A variance from the Subdivision Ordinance to allow the development of lots utilizing private streets (Section 31-207). BACKGROUND: On June 3, 2004, the Little Rock Planning Commission approved a preliminary plat for this site. The property contained 1.4 acres located at the southwest corner of Leatrice Drive and Alberta Drive. The approval allowed the owner to develop two lots on the property. The request included a variance from the Subdivision Ordinance to allow the development of the lots with a private street. A driveway would be constructed along the rear of the lots for access to Lot 2. The lots averaged 80-feet by 160-feet or 12,800 square feet. A forty -foot front platted building line was indicated adjacent to the private street. March 1, 2007 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1433-A Per Section 31-94(e) a preliminary plat approved by the Little Rock Planning Commission shall be effective and binding upon the Commission for two (2) years from the date of approval or as long as work is actively progressing, at the end of which time the final plat application for the subdivision must have been submitted to the planning staff. Any plat not receiving final approval within the period of time set forth herein or otherwise conforming to the requirements of the ordinance shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and the subdivision ordinance. The approved preliminary plat has expired and the owners are now proposing to reestablish the previously approved plat. A. PROPOSAL/REQUEST: The applicant is now proposing to reestablish the previously approved preliminary plat. The site contains 1.4 acres and is proposed with the development of two lots for single-family homes and a tract. As with the original submission the application includes a variance to allow the lots to be developed with private streets. A private drive will also be constructed along the rear of Lot 1 for driveway access to both lots. The developer is requesting an in -lieu contribution for storm water detention. Tract A will be included with the plat area and will be used for a drainage easement. B. EXISTING CONDITIONS: The site is vacant with a scattering of trees. There are single-family homes in the area located around a large lake. The uses to the north, south, east and west are single-family residences. Lake Shore Drive is a private street ending in a hammer head south of this site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All abutting property owners were notified of the public hearing. There is not an active neighborhood association located in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: East Shore Drive is a private access easement that is not maintained by the City. The new plat should label the proposed driveway easement as a private access easement. 2 March 1, 2007 SUBDIVISION ITEM NO.: 3 Cont. FILE NO.: S-1433-A 2. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension and additional fire hydrant(s) will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 8, 2007) Mr. Joe White was present representing the request. Staff presented an overview of the proposed preliminary plat indicating there were additional items necessary to complete the review. Staff requested the applicant provide the name/address and source of title of the landowner and the zoning classification of the proposed preliminary plat area. Public Works comments were addressed. Staff stated Shore Drive was a private access easement that was not maintained by the City. Staff stated private W March 1, 2007 SUBDIVISION ITEM NO.: 3 (Cont. _ _ _ _FILE NO.: S-1433-A streets should be constructed to public street standard. Staff stated the revised plat should label the proposed driveway easement as a private access easement. Staff also stated no residential waste collection service would be provided on the private street unless the property owners association provided a waiver of damage claims for operations on private property. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the February 8, 2007, Subdivision Committee meeting. The applicant has indicated the roadway as a private access and utility easement. The applicant has also provided the name/address of the owner along with the source of title of the landowner on the proposed preliminary plat. The zoning classification, R-2, Single-family, has been added to the proposed plat. The property contains 1.4 acres located at the southwest corner of Leatrice Drive and Alberta Drive. The request is to develop two lots from a previously indicated lot located in the Lakeside Heights Subdivision. The request includes a variance from the Subdivision Ordinance to allow the development of the lots with private streets. The applicant has indicated a thirty-foot driveway easement across the rear of Lot 1 to serve Lot 2. The drive will be located in this area to eliminate the need for a driveway along Lake Shore Drive. The applicant has indicated the lots will average 80-feet by 160-feet or 12,800 square feet. A forty -foot front platted building line has been included adjacent to the private street. Staff is supportive of the proposed preliminary plat. The requested lot size and development of lots on private streets is consistent with development in the area. To staffs knowledge there are no outstanding issues associated with the proposed request. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends approval of the requested variance to allow the lots to develop with private streets. 4 March 1, 2007 SUBDIVISION ITEM NO.: 3 (Cont. FILE NO.: S-1433-A PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. Staff also presented a recommendation of approval of the requested variance to allow the lots to develop with private streets. Mr. Brad Walker was present representing the owner. He stated the developers were requesting approval of a previously approved development. He stated the proposal was the exact proposal the Commission had approved three years ago. Mr. Tom Clark addressed the Commission in opposition of the request. He stated his property was located to the east of the site and he had concerns with drainage, loss of property values and privacy. He stated his neighbor was also opposed to the development but could not be present at the meeting. He stated the Commission had received a letter from his neighbor Mr. Samuel Gates outlining the concerns. Mr. Clark stated his property and Mr. Gates property drained through the site proposed for development and presently there was a large amount of water running through their properties. He stated with the development of the driveway along the rear portion of the property this would remove the natural drain and cause flooding concerns for him and Mr. Gates. He stated the development would also create concerns for Foreman Lake. He stated the existing private drive was only eight feet wide and did not allow sufficient access for the fire department and City trash collection. He stated the developers should be required to bring the private drive up to a public standard or a minimum paving width as required by the fire department. He stated he felt if the developer was proposing the development of the site he should do so without any variances. The Commission stated the development could not create any additional flooding problems in the area. The Commission stated the drive could not create a dam and flood the adjoining properties. Mr. Walker stated he did appreciate the comments made by Mr. Clark. He stated the site was lower than Mr. Clark's property and would not create any additional flooding problems. He stated the site had a 45-foot vertical fall. He stated the Commission did right three years ago by approving the development and requested the Commission approve the request once again. The Commission questioned why the development did not occur with the previous approval. Mr. Joe White stated previously the owner had a buyer for the property and this time the owner was going to develop the site himself. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 5 ITEM NO.: 3. S-1433-A NAME: Foreman Lake Garden Addition Preliminary Plat LOCATION: located on Leatrice and Alberta Drives Planning Staff Comments: 1. Provide notification of abutting property owners of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than February 14, 2007. The Office of Planning and Development must receive the proof of notice no later than February 22, 2007. 2. Provide the source of title of the landowner in the general notes section of the proposed preliminary plat. 3. Provide an executed affidavit. Variance/Waivers: 1. A variance from the Subdivision Ordinance to allow the development of lots utilizing private streets (Section 31-207). Public Works Conditions: 1. East Shore Drive is a private access easement that is not maintained by the City. The new plat should label the proposed driveway easement as a private access easement. 2. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Enter : No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension and additional fire hydrant(s) will be required in order to provide service to this property. This Item # 3 development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department; Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division: No comment. Landscape: No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, February 14, 2007. Item # 3