HomeMy WebLinkAboutS-1494 Staff AnalysisFILE NO.: S-1494
NAME: Blankenship Replat Block 7
LOCATION: Located South of West 19th Street, West of Leander Street
DEVELOPER:
Twillie Realty, Inc.
1415 South University Avenue
Little Rock, AR 72204
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
AREA: 2.01 acres NUMBER OF LOTS: 8
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 10 — Boyle Park
CENSUS TRACT: 24.03
FT. NEW STREET: 200 LF
VARIANCESM/AIVERS REQUESTED: None requested.
A. PROPOSAUREQUEST:
The applicant is requesting the replatting of twelve previously platted lots into
eight single-family residential lots. The applicant has indicated an average lot
size of 70-feet by 140-feet or 9,800 square feet and a minimum lot size of 66-feet
by 138-feet or 9,108 square feet. The site contains 2.01 acres and would result
in a density of 3.98 units per acre.
One new cul-de-sac street will be added to the proposed development. The
applicant has indicated a single cul-de-sac street will be extended from Leander
Street approximately 200-feet to serve the proposed lots. The applicant has
indicated dedication of right of way and one-half street construction to Leander
Street per the City's Master Street Plan for a local street.
FILE NO.: S-1494 (Cont.
The applicant is also requesting the abandonment of three previously indicated
roadways and one alleyway. The applicant has indicated Vol�ger Street and West
20th Street were platted with a 20-foot right of way, West 19t Street was platted
with a 27-foot right of way and there was a 12-foot alleyway indicated at the time
of platting. The properties to the west and south were never subdivided therefore
right of ways were never dedicated.
B. EXISTING CONDITIONS:
The site is vacant with a scattering of trees. Leander Street is constructed in the
area and access Boyle Park located to the south. Leander is a narrow roadway
with open ditches for drainage. As indicated, Boyle Park is located to the south
of the site and vacant property is located to the west of the site. There are
single-family homes located to the north of the site on large lots (acreage). The
homes in the immediate area appear to be similar in size as proposed with the
current subdivision.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received two informational phone calls from area
residents concerning the proposed request. The John Barrow Neighborhood
Association and the Leander Neighborhood Association were notified of the
public hearing along with all abutting property owners.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Leander Street would be classified on the Master Street Plan as a local street.
The proposed right-of-way dedication to 25 feet from centerline is acceptable.
2. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Leander Street
including 5-foot sidewalk with the planned development.
3. The plat shows a number of boundary streets to be abandoned with this plat.
Abandoning these platted streets may block access to other platted lots.
Provide a plat showing how other lots will be accessed if these streets are
abandoned. If the streets are not abandoned, they must be constructed to
Master Street Plan standards.
4. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved prior to
the start of construction.
5. Storm water detention ordinance applies to this property. The project would
qualify for a contribution in -lieu of construction at the time of the building
permit.
2
FILE NO.: S-1494(Cont.)
6. Obtain a NPDES storm water permit from the Arkansas Department of
Environmental Quality prior to the start of construction.
7. Prepare a letter of pending development addressing streetlights as required
by Section 31-403 of the Little Rock code. Contact Traffic Engineering at
(501) 379-1813 (Steve Philpott) for more information regarding streetlight
requirements.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, if service is
required for the project. Contact the Little Rock Wastewater Utility at 688-1414
for additional information.
EnterQy: No comment received.
Center -Point Energy: Approved as submitted.
SBC: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Relocation of the existing fire
hydrant at the west end of Indian Trail may be required in order for it to remain
accessible. If there are facilities that need to be adjusted and/or relocated,
contact Central Arkansas Water. That work would be done at the expense of the
developer. A water main extension will be required in order to provide service to
this property. Central Arkansas Water has no objection to the closure of the West
20th Street right-of-way. We do, however, have a 12-inch water main in this right-
of-way. Therefore, we request that the right-of-way of West 20th Street be
retained as a utility easement. 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. Contact Central Arkansas Water
at 377-1225 for additional information.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department at 918-3700.
County Planning: No comment.
CATA: The site is located south of CATA Bus Route #3, the Baptist Medical
Center Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
3
FILE NO.: 5-1494 Cont.
G. SUBDIVISION COMMITTEE COMMENT:
(June 16, 2005)
Mr. Pat McGetrick was present representing the request. Staff stated the
developer was proposing a replat of twelve previously paper platted lots along
with the abandonment of right of ways which were previously dedicated through
the paper plat. Staff indicated to Mr. McGetrick there were additional items
necessary to complete the review process requesting Mr. McGetrick provide the
name and address of the landowner in the general notes section of the proposed
plat.
Public Works comments were addressed. Staff stated Leander Street would be
classified on the City's Master Street Plan as a residential street. Staff stated the
additional five foot of right of way indicated was sufficient to meet minimum
ordinance requirement. Staff also stated one-half street improvements would be
required along Leander Street. Mr. McGetrick stated the developer would widen
the street and install a sidewalk adjacent to the site. Staff noted if the boarding
streets were not abandoned then construction would be required: Staff stated
storm water detention would apply to the proposed development. Staff stated the
development would qualify for an in -lieu contribution instead of construction.
Staff noted comments from the various other reporting departments and
agencies indicating Mr. McGetrick should contact then individually for further
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 plat to staff addressing most of the issues
raised at the June 16, 2005, Subdivision Committee meeting. The applicant has
indicated the name and address of the landowner in the general notes section of
the proposed plat.
The applicant is requesting the replatting of twelve previously platted lots into
eight single-family residential lots. The applicant has indicated an average lot
size of 70-feet by 140-feet or 9,800 square feet and a minimum lot size of 66-feet
by 138-feet or 9,108 square feet. The site contains 2.01 acres and would result
in a density of 3.98 units per acre. The proposed lots appear to meet all the
minimum requirements of the Subdivision Ordinance with regard to lot widths,
depths and lot area.
The applicant is also requesting the abandonment of three previously indicated
roadways and one alleyway. The applicant has indicated Volger Street and West
20th Street were platted with a 20-foot right of way, West 19t Street was platted
with a 27-foot right of way and there was a 12-foot alleyway granted at the time
of platting. The properties to the west and south were never subdivided therefore
right of ways were never dedicated. Staff is supportive of the right of way
0
FILE NO.: S-1494 Cont.
abandonment request. The area has developed independently of the previously
dedicated right of ways with homes on large lots and acreage. Staff feels as the
area redevelops new roadways will be proposed to access any potential new
subdivision that would locate in the area.
One new cul-de-sac street will be added to the proposed development. The
applicant has indicated a single cul-de-sac street will be extended from Leander
Street approximately 200-feet to serve the proposed lots. The applicant has
indicated dedication of right of way and one-half street construction to Leander
Street per the City's Master Street Plan for a local street.
Staff is supportive of the proposed preliminary plat. The applicant has indicated
lot development standards consistent with single-family lot development
standards as stated in the Subdivision Ordinance. To staff knowledge, there are
no outstanding issues associated with the proposed request. Although the area
has developed with homes on large lots, the site was previously platted as twelve
single-family lots. Staff feels the development as proposed should have minimal
impact on the adjoining properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested preliminary plat subject to
compliance with the conditions outlined in paragraphs D, E and F of the above
staff report.
Staff recommends approval of the requested right of way abandonment for West
1 gth Street, West 20 t' Street and Vogler Street. The right of way abandonment
request will not be forwarded to the Board of Directors until all required
documentation has been filed with staff.
PLANNING COMMISSION ACTION: (JULY 7, 2005)
The applicant was present. There were registered objectors present. 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 agenda staff report. Staff
also presented a recommendation of approval of the requested right of way
abandonment for West 19th Street, West 20t Street and Vogler Street. Staff stated the
right of way abandonment request would not be forwarded to the Board of Directors
until all required documentation had been filed with staff.
Mr. David Higginbotham addressed the Commission in opposition of the proposed
request. He stated there were three main concerns which needed to be addressed. He
stated the development of the indicated subdivision was not in character of the existing
neighborhood. He stated the homes in the area were constructed on lots averaging two
5
FILE NO.: S-1494 (Cont.
acres. He stated there were 16 homes in the area and the indicated development
would double the density of the existing neighborhood. He stated the development did
not meet the existing development pattern and covenants of the neighborhood. He
stated the development would lower property values.
Mr. Higginbotham stated the second concern was the existing infrastructure. He stated
Leander was a narrow road which would not support construction traffic. He stated the
road was curbless, gutterless and posted for no heavy truck traffic. He stated if the
development was approved the approval would be in direct conflict with existing City
ordinances. He stated according to the Public Works Department the existing roadway
was a substandard street which would not handle a great deal of traffic.
Mr. Higginbotham stated the third concern was the safety of the area residents. He
stated with the development of eight new homes there would be an unmanageable
amount of traffic in the area. He stated there were potential conflicts which would
clearly put area residents in danger. He stated the neighborhood was not opposed to
development only to the number of units proposed. He stated the neighborhood was
willing to work with the developer to come up with a plan that was workable for the
developer as well as the neighborhood.
Ms. Cindy Dawson, Deputy City Attorney, addressed the Commission on the
Richardson case. She stated Richardson vs. the City of Little Rock states if a developer
meets the minimum criteria established by City Ordinance the Commission has no
justification to deny a subdivision request. She stated compatibility was not an issue the
Commission could consider when deciding if the minimum requirements had been met.
Mr. Patrick Farrell also addressed the Commission. He stated there were two other
concerns raised. He stated safety and the lack of required infrastructure.
Commissioner Rector stated this was an issue that existing neighborhoods would be
faced with in the future. He stated with infill development this was an issue that the City
faced. Commissioner Floyd stated currently there was not an ordinance that would
allow the Commission to review a subdivision on the merits of compatibility. He stated
until the existing ordinance was changed the Commission was forced to not review
compatibility as a means for denial.
A motion was made to approve the request. The motion carried by a vote of 9 ayes,
1 noes and 1 absent.
ITEM NO.. 10
NAME: Blankenship Replat Block 7
FILE NO.: S-1494
LOCATION: located South of West 19th Street, West of Leander Street
A4LA
Planning Staff Comments: iiaa-aa�
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.
2. Provide the name and address of the landowner in the general notes section of the
proposed preliminary plat. oA
Variance/Waivers: None requested. �� �,�,�,,� Cc Cr
Public Works Conditions: 1. Leander Street would be classified on �'hS%'ats�tertreet Plan as a local street. The
proposed right-of-way dedication to 25 foot from centerline is acceptable.
2. With site development, provide design of street conforming to the Master Street
Plan. Construct one-half street improvement to Leander Street including 5-foot
sidewalk with the planned development.
3. The plat shows a number of boundary streets to be abandoned with this plat.
Abandoning these platted streets may block access to other platted lots. Provide a
plat showing how other lots will be accessed if these streets are abandoned. If the
streets are not abandoned, they must be constructed to Master Street Plan
standards.
4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior
to any land clearing or grading activities at the site. Site grading, and drainage plans
will need to be submitted and approved prior to the start of construction.
5. Storm water detention ordinance applies to this property. The project would qualify
for a contribution in -lieu of construction at the time of the building permit.
6. Obtain a NPDES storm water permit from the Arkansas Department of
Environmental Quality prior to the start of construction.
7. Prepare a letter of pending development addressing streetlights as required by
Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-
1813 (Steve Philpott) for more information regarding streetlight requirements.
Utilities and Fire Department/County Planning:
Wastewater: Sewer main extension required, with easements, if service is required for
the project. Contact the Little Rock Wastewater Utility at 688-1414 for additional
information.
Entergy: No comment received-
Center -Point Energy: Approved as submitted.
SBC: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at the time
of request for water service must be met. Relocation of the existing fire hydrant at the
west end of Indian Trail may be required in order for it to remain accessible. If there are
facilities that need to be adjusted and/or relocated, contact Central Arkansas Water.
That work would be done at the expense of the developer. A water main extension will
be required in order to provide service to this property. Central Arkansas Water has no
objection to the closure of the West 20th Street right-of-way. We do, however, have a
12-inch water main in this right-of-way. Therefore, we request that the right-of-way of
West 20th Street be retained as a utility easement. 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. Contact Central Arkansas Water at
377-1225 for additional information.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department
at 918-3700.
County Planning: No comment.
CATA: The site is located south of CATA Bus Route #3, the Baptist Medical Center
Bus Route.
Plannina Division: No comment.
Landscape: No comment.
Revised_ plat/plan: Submit four (4) copies of a revised preliminary plan (to include the
additional information as noted above) to staff on Wednesday, June 22, 2005.
July 7, 2005
ITEM NO.: 10
FILE NO.: S-1494
NAME: Blankenship Replat Block 7
LOCATION: Located South of West 19th Street, West of Leander Street
DEVELOPER:
Twillie Realty, Inc.
1415 South University Avenue
Little Rock, AR 72204
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
AREA: 2.01 acres
CURRENT ZONING:
PLANNING DISTRICT
CENSUS TRACT:
NUMBER OF LOTS: 8
R-2, Single-family
10 — Boyle Park
24.03
FT. NEW STREET: 200 LF
VARIANCESMAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
The applicant is requesting the replatting of twelve previously platted lots into
eight single-family residential lots. The applicant has indicated an average lot
size of 70-feet by 140-feet or 9,800 square feet and a minimum lot size of 66-feet
by 138-feet or 9,108 square feet. The site contains 2.01 acres and would result
in a density of 3.98 units per acre.
One new cul-de-sac street will be added to the proposed development. The
applicant has indicated a single cul-de-sac street will be extended from Leander
Street approximately 200-feet to serve the proposed lots. The applicant has
indicated dedication of right of way and one-half street construction to Leander
Street per the City's Master Street Plan for a local street.
July 7, 2005
SUBDIVISION
ITEM NO.: 10 Cont. FILE NO.: S-1494
11
A
19
The applicant is also requesting the abandonment of three previously indicated
roadways and one alleyway. The applicant has indicated Vol Street and West
2Oth Street were platted with a 20-foot right of way, West 19t Street was platted
with a 27-foot right of way and there was a 12-foot alleyway indicated at the time
of platting. The properties to the west and south were never subdivided therefore
right of ways were never dedicated.
EXISTING CONDITIONS:
The site is vacant with a scattering of trees. Leander Street
area and access Boyle Park located to the south. Leander
with open ditches for drainage. As indicated, Boyle Park is
of the site and vacant property is located to the west of
single-family homes located to the north of the site on large
homes in the immediate area appear to be similar in size
current subdivision.
NEIGHBORHOOD COMMENTS:
is constructed in the
is a narrow roadway
located to the south
the site. There are
lots (acreage). The
is proposed with the
As of this writing, staff has received two informational phone calls from area
residents concerning the proposed request. The John Barrow Neighborhood
Association and the Leander Neighborhood Association were notified of the
public hearing along with all abutting property owners.
ENGINEERING COMMENTS:
Public Works Conditions:
1. Leander Street would be classified on the Master Street Plan as a local street.
The proposed right-of-way dedication to 25 feet from centerline is acceptable.
2. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Leander Street
including 5-foot sidewalk with the planned development.
3. The plat shows a number of boundary streets to be abandoned with this plat.
Abandoning these platted streets may block access to other platted lots.
Provide a plat showing how other lots will be accessed if these streets are
abandoned. If the streets are not abandoned, they must be constructed to
Master Street Plan standards.
4. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved prior to
the start of construction.
2
July 7, 2005
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: S-1494
5. Storm water detention ordinance applies to this property. The project would
qualify for a contribution in -lieu of construction at the time of the building
permit.
6. Obtain a NPDES storm water permit from the Arkansas Department of
Environmental Quality prior to the start of construction.
7. Prepare a letter of pending development addressing streetlights as required
by Section 31-403 of the Little Rock code. Contact Traffic Engineering at
(501) 379-1813 (Steve Philpott) for more information regarding streetlight
requirements.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, if service is
required for the project. Contact the Little Rock Wastewater Utility at 688-1414
for additional information.
Entergy: No comment received.
Center -Point Ener : Approved as submitted.
SBC: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Relocation of the existing fire
hydrant at the west end of Indian Trail may be required in order for it to remain
accessible. If there are facilities that need to be adjusted and/or relocated,
contact Central Arkansas Water. That work would be done at the expense of the
developer. A water main extension will be required in order to provide service to
this property. Central Arkansas Water has no objection to the closure of the West
20th Street right-of-way. We do, however, have a 12-inch water main in this right-
of-way. Therefore, we request that the right-of-way of West 20th Street be
retained as a utility easement. 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. Contact Central Arkansas Water
at 377-1225 for additional information.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department at 918-3700.
County Planning: No comment.
CATA: The site is located south of CATA Bus Route #3, the Baptist Medical
Center Bus Route.
3
July 7, 2005
SUBDIVISION
ITEM NO.: 10 Cont. FILE NO.: S-1494
F. ISSUES/TECHNICAUDESIGN:
Plannina Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (June 16, 2005)
Mr. Pat McGetrick was present representing the request. Staff stated the
developer was proposing a replat of twelve previously paper platted lots along
with the abandonment of right of ways which were previously dedicated through
the paper plat. Staff indicated to Mr. McGetrick there were additional items
necessary to complete the review process requesting Mr. McGetrick provide the
name and address of the landowner in the general notes section of the proposed
plat.
Public Works comments were addressed. Staff stated Leander Street would be
classified on the City's Master Street Plan as a residential street. Staff stated the
additional five foot of right of way indicated was sufficient to meet minimum
ordinance requirement. Staff also stated one-half street improvements would be
required along Leander Street. Mr. McGetrick stated the developer would widen
the street and install a sidewalk adjacent to the site. Staff noted if the boarding
streets were not abandoned then construction would be required. Staff stated
storm water detention would apply to the proposed development. Staff stated the
development would qualify for an in -lieu contribution instead of construction.
Staff noted comments from the various other reporting departments and
agencies indicating Mr. McGetrick should contact then individually for further
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 plat to staff addressing most of the issues
raised at the June 16, 2005, Subdivision Committee meeting. The applicant has
indicated the name and address of the landowner in the general notes section of
the proposed plat.
The applicant is requesting the replatting of twelve previously platted lots into
eight single-family residential lots. The applicant has indicated an average lot
size of 70-feet by 140-feet or 9,800 square feet and a minimum lot size of 66-feet
by 138-feet or 9,108 square feet. The site contains 2.01 acres and would result
in a density of 3.98 units per acre. The proposed lots appear to meet all the
minimum requirements of the Subdivision Ordinance with regard to lot widths,
4
July 7, 2005
SUBDIVISION
ITEM NO.: 10 Cont. FILE NO.: S-1494
depths and lot area.
The applicant is also requesting the abandonment of three previously indicated
roadways and one alleyway. The applicant has indicated Vol�ger Street and West
20th Street were platted with a 20-foot right of way, West 19t Street was platted
with a 27-foot right of way and there was a 12-foot alleyway granted at the time
of platting. The properties to the west and south were never subdivided therefore
right of ways were never dedicated. Staff is supportive of the right of way
abandonment request. The area has developed independently of the previously
dedicated right of ways with homes on large lots and acreage. Staff feels as the
area redevelops new roadways will be proposed to access any potential new
subdivision that would locate in the area.
One new cul-de-sac street will be added to the proposed development. The
applicant has indicated a single cul-de-sac street will be extended from Leander
Street approximately 200-feet to serve the proposed lots. The applicant has
indicated dedication of right of way and one-half street construction to Leander
Street per the City's Master Street Plan for a local street.
Staff is supportive of the proposed preliminary plat. The applicant has indicated
lot development standards consistent with single-family lot development
standards as stated in the Subdivision Ordinance. To staff knowledge, there are
no outstanding issues associated with the proposed request. Although the area
has developed with homes on large lots, the site was previously platted as twelve
single-family lots. Staff feels the development as proposed should have minimal
impact on the adjoining properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested preliminary plat subject to
compliance with the conditions outlined in paragraphs D, E and F of the above
staff report.
Staff recommends approval of the requested right of way abandonment for West
19th Street, West 20th Street and Vogler Street. The right of way abandonment
request will not be forwarded to the Board of Directors until all required
documentation has been filed with staff.
PLANNING COMMISSION ACTION:
(JULY 7, 2005)
The applicant was present. There were registered objectors present. 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 agenda staff report. Staff
also presented a recommendation of approval of the requested right of way
5
July 7, 2005
SUBDIVISION
ITEM NO.: 10 (Cont.
FILE NO.: S-1494
abandonment for West 19th Street, West 20th Street and Vogler Street. Staff stated the
right of way abandonment request would not be forwarded to the Board of Directors
until all required documentation had been filed with staff.
Mr. David Higginbotham addressed the Commission in opposition of the proposed
request. He stated there were three main concerns which needed to be addressed. He
stated the development of the indicated subdivision was not in character of the existing
neighborhood. He stated the homes in the area were constructed on lots averaging two
acres. He stated there were 16 homes in the area and the indicated development
would double the density of the existing neighborhood. He stated the development did
not meet the existing development pattern and covenants of the neighborhood. He
stated the development would lower property values.
Mr. Higginbotham stated the second concern was the existing infrastructure. He stated
Leander was a narrow road which would not support construction traffic. He stated the
road was curbless, gutterless and posted for no heavy truck traffic. He stated if the
development was approved the approval would be in direct conflict with existing City
ordinances. He stated according to the Public Works Department the existing roadway
was a substandard street which would not handle a great deal of traffic.
Mr. Higginbotham stated the third concern was the safety of the area residents. He
stated with the development of eight new homes there would be an unmanageable
amount of traffic in the area. He stated there were potential conflicts which would
clearly put area residents in danger. He stated the neighborhood was not opposed to
development only to the number of units proposed. He stated the neighborhood was
willing to work with the developer to come up with a plan that was workable for the
developer as well as the neighborhood.
Ms. Cindy Dawson, Deputy City Attorney, addressed the Commission on the
Richardson case. She stated Richardson vs. the City of Little Rock states if a developer
meets the minimum criteria established by City Ordinance the Commission has no
justification to deny a subdivision request. She stated compatibility was not an issue the
Commission could consider when deciding if the minimum requirements had been met.
Mr. Patrick Farrell also addressed the Commission. He stated there were two other
concerns raised. He stated safety and the lack of required infrastructure.
Commissioner Rector stated this was an issue that existing neighborhoods would be
faced with in the future. He stated with infill development this was an issue that the City
faced. Commissioner Floyd stated currently there was not an ordinance that would
allow the Commission to review a subdivision on the merits of compatibility. He stated
until the existing ordinance was changed the Commission was forced to not review
compatibility as a means for denial.
A motion was made to approve the request. The motion carried by a vote of 9 ayes,
1 noes and 1 absent.
0