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HomeMy WebLinkAboutS-1518-A Staff AnalysisMay 8, 2008 ITEM NO.: 3 FILE NO.: S-1518-A NAME: Colonel Glenn Preliminary Plat (Minton Dairy Subdivision) LOCATION: Located at 14250 Colonel Glenn Road DEVELOPER: Entergy Arkansas Inc. 425 West Capitol Avenue 27th Floor Little Rock, AR 72201 SURVEYOR Central Arkansas Surveying, Inc 1012 Autumn Road Little Rock, AR 72211 AREA: 7.8 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: CENSUS TRACT 18 — Ellis Mountain 42.07 VARIANCESNVAIVERS REQUESTED: 1. A variance from Section 31-231 to allow the development of a lot without public street frontage (Lot 3 Colonel Glenn Preliminary Plat). 2. A variance request from Section 31-232(b) to allow an increased lot depth to width ratio for proposed Lot 2. 3. A deferral of the required street improvements to Colonel Glenn Road. BACKGROUND: The plat of this property was approved by the Planning Commission on May 11, 2006. The plat was proposed containing 7.8 acres and three (3) lots. The plat contained variances which were forwarded to the Board of Directors on February 20, 2007, and approved by Ordinance No. 19706. A deferral of street improvements to Colonel Glenn Road was approved by the Board of Directors on February 20, 2007, by the adoption of Ordinance No. 19,705. The deferral was granted for five years or until adjacent development occurred. The plat was approved subject to the east property line being established by a court decree. The Decree establishing the boundary was entered in Case No. CV-06-13229 on September 21, 2007 and filed of record on March 31, 2008, May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont. I�I>A�r[�IRi•�5i�7i1 with the Pulaski County Circuit Clerk. Although the plat area is located outside the City limits of the City of Little Rock, the site is located within the Extraterritorial Planning Jurisdiction. A Conditional Use Permit for the placement of a utility subdivision on proposed Lot 3 was approved by the Commission at their May 11, 2006, public hearing. The substation has not been constructed and a request for a revision to the Conditional Use Permit for the utility substation on proposed Lot 3 will be considered by the Commission at their May 22, 2008, public hearing. (File No. Z-7980-A). A. PROPOSAL/REQUEST: The applicant is now requesting a revision to the previously approved preliminary plat to correct the names of owners of the property being subdivided and to reflect the proper legal description of the plat boundary. The property owners signing the affidavit were members of Minton, LLC, which granted Entergy authority to act as their agent in the platting process. Minton LLC was dissolved prior to the Commission acting on the proposed preliminary plat raising a legal question as to the authority of Entergy to represent the owners at the public hearing. The proposed subdivision involves the creation of three (3) residential lots from a 7.8 acre tract located at 14250 Colonel Glenn Road. The average lot size proposed is 2.6 acres with the minimum lot size being 2.41 acres. The property is currently zoned R-2 Single-family. Access to Lot 3 will be provided via a 25-foot private access and utility easement extending from Colonel Glenn Road. There are two variances from the Subdivision Ordinance associated with the proposed preliminary plat; a variance to allow the development of a lot without public street frontage and to allow an increased lot depth to width ratio. The applicant is requesting a five year deferral of the required street construction to Colonel Glenn Road. Since the area is not yet served by the municipal sewer system, wastewater disposal for the proposed lots will be by individual septic systems. The applicant has contacted the Arkansas Department of Health concerning the proposed treatment systems. B. EXISTING CONDITIONS: There is an existing block building and barn located on proposed Lot 1. Lot 2 is currently vacant and Lot 3 is a wooded site. Colonel Glenn Road is an unimproved roadway with no sidewalk and open ditches for drainage. The roadway in this area is somewhat hilly with limited sight distance on the roadway in several locations. There are two approved Planned Developments located near the proposed plat area; a Planned Commercial Development for the Pulaski County Humane Society and a Planned Commercial Development approved for a beauty salon. Pa May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners indicating concern with the request. The abutting property owners along with Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. The minimum finish floor elevation above the 100-year flood elevation, as established by Pulaski County is required to be shown on the plat. 3. A minimum 25-foot shared access easement must be shown on plat. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalk with the planned development. The back of curb should be located 29.5 feet from centerline. The Board of Directors approved an ordinance on February 20, 2007, deferring construction of the street for five years or until adjacent development by the adoption of Ordinance No. 19,705. 5. All driveways shall be concrete aprons per City Ordinance. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Property is located outside the current service boundary of the City of Little Rock. Provide the means of wastewater disposal and a certification indicating the proposed treatment is acceptable. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Water service is not available to Lot 3. Limited fire protection is available from water facilities on the north side of Colonel Glenn Road. 3 May 8, 2008 SUBDIVISION ITEM NO.: 3 F. G. FILE NO.: S-1518-A Fire Department: The site is located outside the service area of the City of Little Rock. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed preliminary plat. County Planning: 1. Show second land corner and state plane coordinates. 2. Show contour lines. 3. Provide drainage plan. 4. Provide Bill of Assurance. 5. Provide certificate of preliminary plat approval for the County. 6. Provide proof of fire protection. 7. Obtain an ADEQ permit. 8. Show flood p la i n/floodway information on the plat. 9. Provide the name of the engineer. 10. Label the 25' easement (probably access). 11. Provide the County with a $33 review fee. CATA: The site is not located on a dedicated CATA Bus Route. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) The applicants were present representing the request. Staff presented an overview of the development stating the item was previously approved by the Commission but was being resubmitted to clarify the signatures on the affidavit. Staff stated in the original request the owners signed the affidavit under a LLC that had been dissolved prior to the applicant's filing the preliminary plat application. Staff stated the additional items necessary were a letter from the area volunteer fire department, a letter certifying the indicated lots would perk with septic systems and the plat to include the limits of the flood plain and floodway. Staff also requested the applicant provide the source of water in the general notes section of the site plan. Staff stated a letter from William Almand, PA had been provided to the applicant's previously which in summary stated there were discrepancies with the plat and the Court Order. The applicants stated they were prepared to address these issues. 0 May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont. H FILE NO.: S-1518-A Public Works comments were addressed. Staff stated right of way dedication per the Master Street Plan would be required along Colonel Glenn Road. Staff also stated a minimum 25-foot shared drive was required along the common property line of Lots 1 and 2 to provide access to Lot 3. Staff also stated a deferral of the required street construction was approved by the Little Rock Board of Directors on February 20, 2007. County Planning comments were addressed. Staff requested the applicant provide the second land corner and state plane coordinates. Staff also requested the applicant provide the drainage plan, the bill of assurance and certificate of preliminary plat approval for the County. Staff requested the 25-foot access be properly labeled as an access and utility easement. Staff noted the County was also requesting a review fee. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the April 17, 2008, Subdivision Committee meeting. The applicant has indicated there are no landlocked parcels within or abutting the plat area. The proposed driveway width is 25-feet and has been labeled as an access and utility easement. Typically the minimum access required for fire protection is a 20-foot minimum drive or gate opening. The indicated 25-foot access easement, in staffs opinion, is adequate. The revised preliminary plat indicates the property is located in the floodplain but no portion of the property is located within the floodway. The preliminary plat indicates a minimum floor elevation set above the 100-year elevation for each of the indicated lots ranging from 356.5-feet to 357.5 feet. The applicant is requesting a deferral of the required street improvements to Colonel Glenn Road for five years or until abutting development occurs. Staff is supportive of the deferral request of street improvements to Colonel Glenn Road. Ordinance No. 19,705 adopted by the Little Rock Board of Directors on February 20, 2007, allowed for this deferral. The applicant is seeking to restart the clock on the street deferral. There are two variances from the Subdivision Ordinance associated with the proposed preliminary plat; a variance to allow the development of a lot without public street frontage and to allow an increased lot depth to width ratio. Staff is 5 May 8, 2008 SUBDIVISION ITEM NO.: 3(Cont.)FILE NO.: S-1518-A supportive of the proposed requests. The lots are indicated with adequate frontage to allow development of residential units with adequate setbacks from the roadway and property lines. Staff does not feel the increased lot depth to width ratio will negatively impact the proposed lot. Staff does not feel the development of the proposed lot without public street frontage will negatively impact the developability of proposed Lot 3. A 25-foot access and utility easement, sufficient to provide emergency services to the site, has been indicated across proposed Lot 1. Since the area is not yet served by the municipal sewer system, wastewater disposal for the proposed lots will be by individual septic systems. The applicant has contacted the Arkansas Department of Health concerning the proposed treatment systems. The applicant has provide staff with an approval of the proposed wastewater treatment system indicating the lots appear adequate for the placement of a wastewater treatment system. The applicant has contacted the area volunteer fire department concerning the proposed preliminary plat. Staff has received written documentation from the fire department. The fire department indicates concerns with the proposed development of Lot 3 with the proposed substation but no concerns are indicated with the proposed platting of the lot. Staff is supportive of the proposed preliminary plat. The plat area is indicated with lot sizes adequate to allow for development with the minimum lot size proposed as 1.89 acres and an average lot size of 2.49 acres. Central Arkansas Water has water service available in the area and a water line could be extended to serve the proposed lots. To Staffs knowledge there are no outstanding issues associated with the proposed request. Staff does not feel the proposed subdivision of this parcel as proposed will significantly impact the adjoining properties. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions outlined in paragraphs D, E and F of the above agenda staff report. Staff recommends approval of the variance request from Section 31-231 to allow the development of a lot without public street frontage (Lot 3 Colonel Glenn Preliminary Plat Minton Dairy Subdivision). Staff recommends approval of the variance request from Section 31-232(b) to allow an increased lot depth to width ratio for proposed Lot 2 Colonel Glenn Preliminary Plat Minton Dairy Subdivision. [1 May 8, 2008 SUBDIVISION ITEM NO.: 3(Cont.)FILE NO.. S-1518-A Staff recommends approval of the deferral request of the required street improvements to Colonel Glenn Road. PLANNING COMMISSION ACTION: (MAY 8, 2008) 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 agenda staff report. Staff also presented a recommendation of approval of the variance request from Section 31-231 to allow the development of a lot without public street frontage (Lot 3 Colonel Glenn Preliminary Plat Minton Dairy Subdivision), Section 31-232(b) to allow an increased lot depth to width ratio for proposed Lot 2 Colonel Glenn Preliminary Plat Minton Dairy Subdivision and the deferral request of the required street improvements to Colonel Glenn Road. Mr. James Jones addressed the Commission as the applicant. He stated Entergy was representing the Minton Family on the platting request. He stated the request for the plat were two fold. He stated the first was to clarify ownership of the persons signing the affidavit and the second was to correct the boundary line of the plat as imposed by the Court Decree. He stated the plat was a three lot plat. The property was zoned residentially and the lots were proposed with adequate areas to develop as residential lots. Ms. Sue Ann Stephens addressed the Commission in opposition of the request. She stated the survey submitted with the plat was incorrect and was under investigation by the State Surveys Office. She stated the survey was not signed nor was the survey stamped as required for all surveys submitted for review. She stated the survey did not include the fence location which was the point of contention. She stated the State Surveys Office also noted the survey was to include all physical features. The Commission questioned Ms. Stephens as to her statement concerning the survey. She stated the Central Arkansas Surveying, the company preparing the survey were not licensed to practice in the Stated of Arkansas. She stated the fence was the common boundary line between her property and the Minton property. She stated with the survey prepared for Entergy by Central Arkansas Surveying the fence was moved encroaching onto her property. She stated the Judge ruled the property line was the fence line. Mr. Francis Jamell addressed the Commission in opposition. He stated all features should be included on a survey including the fence. He stated with adjusting the property line on the survey prepared for Entergy not only removed property from the Stephens ownership it also removed property from his ownership. He stated the 7 May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont. IMilk100MP9&1E:ff1 incorrect boundary resulted in a 11 foot loss of property at the comer of the Stephens' property. He stated the survey was illegal and the courts had established the boundary of the property. He stated the discussion was to be limited to the platting of the property and not to use. He stated it was a deception of staff to put before the Commission a residential plat when the development of one of the lots was for a utility substation. He stated the original owners the Minton LLC was dissolved not prior to the Commission acting on the request but in 2004, a number of years before the Commission heard the item. He stated the intent was to divide the property between the heirs. He stated in 2005, Larry Minton granted back to the LLC the ability to prepare a plat to allow the creation of the subdivision. He stated the access as indicated on the plat were not adequate to serve the proposed lots or the future substation. He stated the site was located within a floodway and Entergy stated at a PSC meeting they would need to channelize the creek the entire length to not flood the nearby property owners. He stated staff had indicated the Health Department had stated the lots were adequate to allow a septic system to be installed on the lots. He stated the Health Department had not provided an approval for the proposed septic systems. Mr. Jamell stated the lots were never going to redevelop. He stated there were a number of environmental issues associated with the lots which could not be addressed to allow for redevelopment. He stated a large fuel tank was located underground and the barn was filled with asbestos. He stated to access Lot 3 a bridge was required which could not be built. He questioned why Entergy did not buy five acres and apply for a rezoning of the area to an industrial zoning district. He stated a utility substation was not a residential use. He stated the plat indicated a 25-foot access. He stated the County would not allow a residential subdivision to be served by a private access. He stated the request was a new application to subdivide the property into three residential lots. He stated the last time the item was before the Commission there was no opposition. He stated that was not the case in this situation. He stated there were a number of objectors present. Mr. James Jones stated the plat was presented with the corners as established by the Court order. He stated the preliminary plat was not required to be signed. He stated the plat would be signed at the time of presentation for approval. Commissioner Adcock questioned the number of homes proposed for construction. Mr. Jones stated it was his understanding that one home for each lot could be constructed. Commissioner Adcock questioned if one home would be built on 3.4 acres. The Commission questioned if Entergy had purchased the property. Mr. Jones stated Entergy had a purchase agreement if all approvals were received. There was no further discussion of the item. The commission voted to approve the item by a vote of 7 ayes, 1 noes, 2 absent and 1 recusal (Commissioner Nunnley). 0 ITEM NO.: 3. NAME: Colonel Glenn Preliminary Plat (Minton Dairy Subdivision) LOCATION: located at 14250 Colonel Glenn Road Planning Staff Comments: S-1518-A 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 April 23, 2008. The Office of Planning and Development must receive the proof of notice no later than May 2, 2008. 2. Show names of owners for any landlocked parcels within or abutting the plat area. 3. Provide a septic certification indicating the lots as proposed are adequate to provide a wastewater system. 4. Provide a letter from the area volunteer fire department stating their knowledge of the proposed preliminary plat. 5. Provide the average size and minimum lot size of the proposed lots in the general notes section of the proposed preliminary plat. 6. Provide the engineers name on the proposed plat. 7. Provide the source of water and the means of wastewater disposal in the general notes section of the proposed preliminary plat. 8. Indicate the proposed building lines on the proposed preliminary plat. 9. Provide the limits of the floodplain and floodway on the proposed preliminary plat. 10. Provide a storm drainage analysis (data to be provided for all watercourses entering and leaving the plat boundary.) 11. Provide a preliminary storm drainage plan. (Typical ditch section required to be shown.) 12.A letter from William Almand, PA indicates the boundary of the plat along the western boundary is stated incorrectly. A copy of the letter has been provided to Mr. Randy Fraizer and Mr. James Jones. Please verify and provide in writing responses to Mr. Almand's comments. Neiahborhood Associations Notified — Southwest Little Rock United for Progress Variance/Waivers: 1. A variance from Section 31-231 to allow the development of a lot without public street frontage (Lot 3 Colonel Glenn Preliminary Plat). 2. A variance request from Section 31-232(b) to allow an increased lot depth to width ratio for proposed Lot 2. 3. A deferral of the required Master Street Plan improvements to Colonel Glenn Road for five years or until adjacent development. Item # 3. 4. A waiver of the required sidewalk construction along Colonel Glenn Road. Public Works Conditions: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. The minimum finish floor elevation above the 100 year flood elevation, as established by Pulaski County is required to be shown on the plat. 3. A minimum 25 foot shared access easement must be shown on plat. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalk with the planned development. The back of curb should be located 29.5 feet from centerline. The Board of Directors approved an ordinance on February 20, 2007, deferring construction of the street for five years or until adjacent development by the adoption of Ordinance No. 19,705. Staff cannot find an ordinance approving the waiver of the requirement for construction of the sidewalk. 5. All driveways shall be concrete aprons per City Ordinance. Utilities and Fire Department/County Planning: Wastewater: Property is located outside the current service boundary of the City of Little Rock. Provide a the means of wastewater disposal and a certification indicating the proposed treatment is acceptable. Entergy: No comment received. Center -Point EneLgy: No comment received. AT & T: No comment received. Central Arkansas Water: Water service is not available to Lot 3. Limited fire protection is available from water facilities on the north side of Colonel Glenn Road. Fire Department: The site is located outside the service area of the City of Little Rock. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed preliminary plat. County Planning: 1. Show second land corner and state plane coordinates. 2. Show contour lines. 3. Provide drainage plan. 4. Provide Bill of Assurance. 5. Provide certificate of preliminary plat approval for the County. 6. Provide proof of fire protection. 7. Obtain an ADEQ permit. 8. Show floodplain/floodway information on the plat. 9. Provide the name of the engineer. 10. Label the 25' easement (probably access). Item # 3. 11. Provide the County with a $33 review fee. 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/plan (to include the additional information as noted above) to staff on Wednesday, April 23, 2008. Item # I