HomeMy WebLinkAboutS-1723 Staff AnalysisITEM NO.:
NAME- Stewart Road Estates Preliminary Plat
WAI
LOCATION: located on the East side of Stewart Road, between Longwood Road and
Agee Lane, in the 700 and 800 Block of Stewart Road
Planninq Staff Comments:
1. Notification of abutting property owners has been provided.
2. Section 31-400, LR Municipal Code. For residential lots or development tracts not
served by a public or community sanitary sewerage system whose disposal is
approved by the state department of pollution control and ecology, the subdivider
shall submit documentation with submission of the preliminary plat that the state
department of health, or its delegated authority, will approve septic tank installations,
or other individual wastewater disposal methods for service to the subdivision
proposed to be platted.
3. Section 31-400, LR Municipal Code. The subdivider shall either install the
improvements referred to this section, or whenever a septic tank and absorption
system or private water supply is to be provided, require as a condition in the bill of
assurance of the subdivision, that those facilities shall be installed by the builders of
the improvements of the lots in accordance with this section.
4. The zoning classification of the subdivision is R-2, Single-family. RL — Residential
Low Density is the Future Land Use classification.
5. Provide a copy of the offer and acceptance for the purchase of the land or provide
an affidavit from the current title holder of the property.
6. Lot 6 has been identified to contain the detention area and the proposed WWTP site.
Will this lot be developed with a home as well?
7. Verify the ownership of the strip of land along the boundary of Lots 8, 9 and 10 to
ensure the development is not creating double frontage lots.
Variance/Waivers: None requested.
Public Works Conditions:
1. Stewart 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. The Master Street Plan standard for rural residential streets provides a 68 foot right
of way width, 24 feet paved driving surface, 6 foot paved shoulders and no curb and
gutter. The proposed plan varies from that standard and a variance from the Master
Street Plan must be requested.
3. With site development, provide the design of street conforming to the Master Street
Plan. Construct a left turn lane on Stewart Road to the proposed street intersection
Item # 2.
per the AASHTO design standards. The street should taper out 100 feet on each
edge of pavement to take care of the lane shifts. 120 feet should be provided for the
left turn storage. Plans should be submitted at time of construction to adjust as
necessary for the necessary striping and tapers. Striping should be installed in
conformance with AASHTO design standards. Contact Bill Henry, Traffic
Engineering, at 379-1816 with questions or request for additional information.
4. Stormwater detention ordinance applies to this property. The volume provided must
comply with the City of Little Rock ordinances and stormwater drainage manual.
5. Stormwater drainage calculations are not being approved by reviewed for approval
of the plat.
6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from
the Arkansas Department of Environmental Quality prior to the start of construction.
7. Provide a letter prepared by a registered engineer certifying the sight distance at the
intersection(s) comply with 2004 AASHTO Green Book standards.
8. The widths of the drainage easement should be increased to 15 feet wide.
9. Traffic calming devices are required for long straight streets to discourage speeding.
A 20 foot wide landscape island maintained by the Property Owners Association is
suggested. Contact Bill Henry, Traffic Engineering at 379-1816 for additional
information.
Utilities and Fire Department/County Planning:
Wastewater: Outside the service boundary. Provide information to the City as
required per Section 31-400, Little Rock Municipal Code.
Entergy: Entergy has a 3-phase power line on the west side of Stewart Road for
service needs to the subdivision. Contact Entergy well in advance for service needs.
Power will be extended along the front of the lots and not in the rear.
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for water
service must be met.
2. A water main extension will be needed to provide water service to Lots 3 and 4 on
this property, perhaps an easement should be shown on the plat.
3. 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.
4. The Little Rock Fire Department needs to evaluate this site to determine whether
additional public and/or private fire hydrant(s) will be required. If additional fire
hydrant(s) are required, they will be installed at the Developer's expense.
Item # 2.
5. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional review.
Contact Central Arkansas Water regarding procedures for installation of water
facilities and/or fire service. Approval of plans by the Arkansas Department of
Health Engineering Division and the Little Rock Fire Department is required.
6. Additionally this area is within Water Improvement District 349 and properties will
have a special improvement tax for the District on their property taxes.
7. A Capital Investment Charge based on the size of meter connection(s) will apply to
this project in addition to normal charges. This fee will apply to all connections
including metered connections off the private fire system.
Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little
Rock Fire Department for additional information.
County Planning:
1. Provide the Bill of Assurance.
2. Provide the source of title for original property owner.
3. Provide 2"d section corner and sow State Plan Coordinates for two (2) property
owners.
4. Provide AHD certification of individual wastewater systems.
5. Provide street cross section.
6. Provide street profile.
7. Label street centerline on the plat.
8. Show FEMA Flood Panel Number and Floodway/Plain information on plat.
9. Show Certificate of Owner.
10. Provide street design specifications for half street improvements to Stewart Road
and Stewart Court.
11. Comply with ADEQ stormwater pollution prevention requirements.
12. Pay $33.00 County review fee.
13. Provide notes on the Plat and Bill of Assurance to described ownership,
maintenance and use of facilities on Lot 6.
14. Clarify "RU zoning on adjacent property.
15. Permits will be required for road improvements and driveways off Stewart Road from
Pulaski County Public Works.
16. Public Works will review drainage calculations/street design specifications once all
information is provided.
17. Show proposed grades relating to drainage at culverts and into detention pond.
18. Verify that alignment of Stewart Court and high point on Stewart Road complies with
AASHTO standards (sight line issue).
CATA: Out of service area. Site is over 3 Y2 miles from nearest bus stop at Markham
and Chenal.
Item # 2.
Parks and Recreation: No comment received.
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, February 5, 2014.
Item # 2.
ITEM NO.: 2. S-1723
NAME: Stewart Road Estates Preliminary Plat
LOCATION: located on the East side of Stewart Road, between Longwood Road and
Agee Lane, in the 700 and 800 Block of Stewart Road
Planning Staff Comments:
1. Notification of abutting property owners has been provided. No response.
2. Section 31-400, LR Municipal Code. For residential lots or development tracts not
served by a public or community sanitary sewerage system whose disposal is
approved by the state department of pollution control and ecology, the subdivider
shall submit documentation with submission of the preliminary plat that the state
department of health, or its delegated authority, will approve septic tank installations,
or other individual wastewater disposal methods for service to the subdivision
proposed to be platted. See attached e-mail provided by Andy Davis.
3. Section 31-400, LR Municipal Code. The subdivider shall either install the
improvements referred to this section, or whenever a septic tank and absorption
system or private water supply is to be provided, require as a condition in the bill of
assurance of the subdivision, that those facilities shall be installed by the builders of
the improvements of the lots in accordance with this section. Will comply.
4. The zoning classification of the subdivision is R-2, Single-family. RL — Residential
Low Density is the Future Land Use classification. Will correct.
5. Provide a copy of the offer and acceptance for the purchase of the land or provide
an affidavit from the current title holder of the property.
6. Lot 6 has been identified to contain the detention area and the proposed WWTP site.
Will this lot be developed with a home as well? No.
7. Verify the ownership of the strip of land along the boundary of Lots 8, 9 and 10 to
ensure the development is not creating double frontage lots. No response.
Variance/Waivers: None requested.
Public Works Conditions:
1. Stewart 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. Will comply.
2. The Master Street Plan standard for rural residential streets provides a 68 foot right
of way width, 24 feet paved driving surface, 6 foot paved shoulders and no curb and
gutter. The proposed plan varies from that standard and a variance from the Master
Street Plan must be requested. Prelimary Plat has been updated to comply.
3. With site development, provide the design of street conforming to the Master Street
Plan. Construct a left turn lane on Stewart Road to the proposed street intersection
Item # 2.
per the AASHTO design standards. The street should taper out 100 feet on each
edge of pavement to take care of the lane shifts. 120 feet should be provided for the
left turn storage. Plans should be submitted at time of construction to adjust as
necessary for the necessary striping and tapers. Striping should be installed in
conformance with AASHTO design standards. Contact Bill Henry, Traffic
Engineering, at 379-1816 with questions or request for additional information.
Prelimary Plat has been updated to comply.
4. Stormwater detention ordinance applies to this property. The volume provided must
comply with the City of Little Rock ordinances and stormwater drainage manual. Will
comply.
5. Stormwater drainage calculations are not being approved by reviewed for approval
of the plat. No response.
6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from
the Arkansas Department of Environmental Quality prior to the start of construction.
Will comply.
7. Provide a letter prepared by a registered engineer certifying the sight distance at the
intersection(s) comply with 2004 AASHTO Green Book standards. See attached
letter.
8. The widths of the drainage easement should be increased to 15 feet wide. Will
comply.
9. Traffic calming devices are required for long straight streets to discourage speeding.
A 20 foot wide landscape island maintained by the Property Owners Association is
suggested. Contact Bill Henry, Traffic Engineering at 379-1816 for additional
information. Per Vince Floriani's recommendation, a 12 foot wide landscape island
has been added to the preliminary plat.
Utilities and Fire Department/County Planning:
Wastewater: Outside the service boundary. Provide information to the City as
required per Section 31-400, Little Rock Municipal Code. No response.
Entergy: Entergy has a 3-phase power line on the west side of Stewart Road for
service needs to the subdivision. Contact Entergy well in advance for service needs.
Power will be extended along the front of the lots and not in the rear. No response.
Center -Point Energy: No comment received. No response.
AT & T: No comment received. No response.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for water
service must be met. No response.
2. A water main extension will be needed to provide water service to Lots 3 and 4 on
this property, perhaps an easement should be shown on the plat. No response.
Item # 2.
3. 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. No response.
4. The Little Rock Fire Department needs to evaluate this site to determine whether
additional public and/or private fire hydrant(s) will be required. If additional fire
hydrant(s) are required, they will be installed at the Developer's expense. Will
comply.
5. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional review.
Contact Central Arkansas Water regarding procedures for installation of water
facilities and/or fire service. Approval of plans by the Arkansas Department of
Health Engineering Division and the Little Rock Fire Department is required.
comply.
6. Additionally this area is within Water Improvement District 349 and properties will
have a special improvement tax for the District on their property taxes.
response.
7. A Capital Investment Charge based on the size of meter connection(s) will apply to
this project in addition to normal charges. This fee will apply to all connections
including metered connections off the private fire system. No response.
Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little
Rock Fire Department for additional information. Will comply.
County Planning:
1. Provide the Bill of Assurance. Will comply.
2. Provide the source of title for original property owner. Will comply.
3. Provide 2"d section corner and sow State Plan Coordinates for two (2) property
owners. Will comply.
4. Provide AHD certification of individual wastewater systems. See attached e-mail
provided by Andy Davis.
5. Provide street cross section. See attached Sheet 2.
6. Provide street profile. See attached Sheets 3 & 4.
7. Label street centerline on the plat. Will comply.
8. Show FEMA Flood Panel Number and Floodway/Plain information on plat.
comply.
9. Show Certificate of Owner. Will comply.
10. Provide street design specifications for half street improvements to Stewart Road
and Stewart Court. See attached Sheet 2.
11. Comply with ADEQ stormwater pollution prevention requirements. Will comply.
12. Pay $33.00 County review fee. Will comply.
13. Provide notes on the Plat and Bill of Assurance to described ownership,
maintenance and use of facilities on Lot 6. Will comply.
Item # 2.
14. Clarify "RU zoning on adjacent property. Will comply.
15. Permits will be required for road improvements and driveways off Stewart Road from
Pulaski County Public Works. Will comply.
16. Public Works will review drainage calculations/street design specifications once all
information is provided. Will comply.
17. Show proposed grades relating to drainage at culverts and into detention pond.
comply.
18.Verify that alignment of Stewart Court and high point on Stewart Road complies with
AASHTO standards (sight line issue). Will comply.
CATA: Out of service area. Site is over 3 Y2 miles from nearest bus stop at Markham
and Chenal. No response.
Parks and Recreation: No comment received.
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, February 5, 2014.
Item # 2.
April 3, 2014
ITEM NO.: 2 FILE NO.: S-1723
NAME: Stewart Road Estates Preliminary Plat
LOCATION: Located on the East side of Stewart Road, between Longwood Road and
Agee Lane, in the 700 and 800 Block of Stewart Road
DEVELOPER:
Stewart Road Estates, LLC
45 Ranch Ridge Road
Little Rock, AR 72223
ENGINEER:
GarNat Engineering, LLC
406 West South Street, Suite B
Benton, AR 72015
AREA: 18.957 acres
CURRENT ZONING
PLANNING DISTRICT:
CENSUS TRACT:
NUMBER OF LOTS: 20
R-2, Single-family
18 — Ellis Mountain
42.07
FT. NEW STREET: 1,160 LF
VARIANCEIWAIVERS: None requested.
A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT:
The request is for preliminary plat approval of a proposed subdivision located
outside the City limits of Little Rock, but within the City's Extraterritorial Planning
Jurisdiction. The plat area contains 18.957 acres and is proposed with
20 single-family residential lots. The minimum and average size of the lots is
0.8 acres. The subdivision is proposed with public streets with a maximum
cul-de-sac length of 1,160 linear feet. Water for the development will be provided
from Central Arkansas Water. A community wastewater treatment system is
proposed to provide wastewater treatment for the proposed lots.
April 3, 2014
SUBDIVISION
ITEM NO.: 2 Cont. FILE NO.: S-1723
B. EXISTING CONDITIONS:
The site is located on the east side of Stewart Road just south of the Kanis Road
intersection. This area is primarily single-family residential with homes located
on acreage. A single-family subdivision on Longwood Road located to the north
and east of this site has developed with homes on five (5) acres plus tracts. The
homes to the south accessed from Agee Lane are also developed on five (5)
acres plus tracts. Stewart Road is a two lane County road with open ditches for
drainage.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. All abutting property owners of the site were notified of the public
hearing. There is not a City identified Neighborhood Association located in this
area.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Stewart 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. The Master Street Plan standard for rural residential streets provides a
68 foot right of way width, 24 feet paved driving surface, 6 foot paved
shoulders and no curb and gutter. The proposed plan varies from that
standard and a variance from the Master Street Plan must be requested.
3. With site development, provide the design of street conforming to the Master
Street Plan. Construct a left turn lane on Stewart Road to the proposed street
intersection per the AASHTO design standards. The street should taper out
100 feet on each edge of pavement to take care of the lane shifts. 120 feet
should be provided for the left turn storage. Plans should be submitted at
time of construction to adjust as necessary for the necessary striping and
tapers. Striping should be installed in conformance with AASHTO design
standards. Contact Bill Henry, Traffic Engineering, at 379-1816 with
questions or request for additional information.
4. Stormwater detention ordinance applies to this property. The volume
provided must comply with the City of Little Rock ordinances and stormwater
drainage manual.
5. Stormwater drainage calculations are not being approved by reviewed for
approval of the plat.
2
April ,3, 2014
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1723
6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
7. Provide a letter prepared by a registered engineer certifying the sight distance
at the intersection(s) comply with 2004 AASHTO Green Book standards.
8. The widths of the drainage easement should be increased to 15 feet wide.
9. Traffic calming devices are required for long straight streets to discourage
speeding. A 20 foot wide landscape island maintained by the Property
Owners Association is suggested. Contact Bill Henry, Traffic Engineering at
379-1816 for additional information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside the service boundary. Provide information to the City as
required per Section 31-400, Little Rock Municipal Code.
Entergy: Entergy has a 3-phase power line on the west side of Stewart Road for
service needs to the subdivision. Contact Entergy well in advance for service
needs. Power will be extended along the front of the lots and not in the rear.
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. A water main extension will be needed to provide water service to Lots 3 and
4 on this property, perhaps an easement should be shown on the plat.
3. 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.
4. The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the Developer's
expense.
5. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
3
April 3, 2014
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1723
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
6. Additionally this area is within Water Improvement District 349 and properties
will have a special improvement tax for the District on their property taxes.
7. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the
Little Rock Fire Department for additional information.
CountV Planning:
1. Provide the Bill of Assurance.
2. Provide the source of title for original property owner.
3. Provide 2"d section corner and show State Plan Coordinates for two (2)
property owners.
4. Provide AHD certification of individual wastewater systems.
5. Provide street cross section.
6. Provide street profile.
7. Label street centerline on the plat.
8. Show FEMA Flood Panel Number and Floodway/Plain information on plat.
9. Show Certificate of Owner.
10. Provide street design specifications for half street improvements to Stewart
Road and Stewart Court.
11. Comply with ADEQ stormwater pollution prevention requirements.
12. Pay $33.00 County review fee.
13. Provide notes on the Plat and Bill of Assurance to described ownership,
maintenance and use of facilities on Lot 6.
14. Clarify "RL" zoning on adjacent property.
15. Permits will be required for road improvements and driveways off Stewart
Road from Pulaski County Public Works.
CI
April 3, 2014
SUBDIVISION
ITEM NO.: 2
FILE NO.: S-1723
16. Public Works will review drainage calculations/street design specifications
once all information is provided.
17. Show proposed grades relating to drainage at culverts and into detention
pond.
18. Verify that alignment of Stewart Court and high point on Stewart Road
complies with AASHTO standards (sight line issue).
CATA: Out of service area. Site is over 3 Y2 miles from nearest bus stop at
Markham and Chenal.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAUDESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (March 12, 2014)
The applicant was present representing the request. Staff presented an
overview of the development stating the most significant issue was related to the
receipt of approval from the Health Department or AEDQ concerning the
proposed wastewater treatment system. Mr. Schmitt stated AEDQ did not
provide approval of a system until the system was ready to discharge and was
typically tied to the final platting of a subdivision. He stated the Arkansas
Department of Health was only involved when they were reviewing individual
septic system treatment. He stated the Engineering Department at the Health
Department would not provide any type written approval until after a complete
review of the plans and specifications for the proposed treatment. Staff stated
they were looking for a commitment stating the proposed treatment was
premittable, not the final approval for the system to serve the subdivision.
Public Works comments were addressed. Staff stated the right of way dedication
on Stewart Road did comply with the Master Street Plan. Staff stated the street
should be tapered out 100 feet on each edge of the pavement to take care of the
lane shifts. Staff stated 120-feet should be provided for the left turn stacking on
Stewart Road. Staff stated the rural residential street design standard included a
68-foot right of way with 24-feet of paved driving surface and 6-foot paved
shoulder with no curb and gutter. Staff also requested the applicant provide
some type of traffic calming device along the proposed residential street.
;1
April 3, 2014
SUBDIVISION
ITEM NO.: 2 Cont. FILE NO.: S-1723
Staff noted the comments from the various other agencies. There were no more
issues for discussion. The Committee then forwarded the item to the full
Commission for final action.
H. ANALYSIS:
The applicant submitted a revised preliminary plat to staff addressing a number
of the issues raised at the March 12, 2014, Subdivision Committee meeting. The
applicant has provided documentation from the Arkansas Department of Pollution
Control and Ecology stating the Department does permit community wastewater
treatment systems but approval would not be provided until a full review by the
Department.
The request is for preliminary plat approval of a proposed subdivision located
outside the City limits of Little Rock, but within the City's Extraterritorial Planning
Jurisdiction. There is not a distinction of lot sizes between property located
inside the City limits which is served by Little Rock Wastewater Utility and lots
located within the City's Extraterritorial Planning Jurisdiction to be served by
individual septic systems or by a community wastewater treatment system.
The plat area contains 18.957 acres and is proposed with 20 lots. Only
19 homes will be constructed within the subdivision. Lot 6 is proposed with the
wastewater treatment facility and the detention storage area. A note on the
preliminary plat states the area will be maintained by the Property Owners
Association.
The minimum and average size of the lots is 0.8 acres. The subdivision is
proposed with public streets with a maximum cul-de-sac length of 1,160 linear
feet. Water for the development will be provided from Central Arkansas Water.
The developer is aware of the special improvement tax fee associated with
connection to the water system.
The applicant is proposing Stewart Court as a Local Residential Street with Open
Ditches for drainage per the Master Street Plan. The standard includes a 68-foot
right of way, 24-feet of pavement, two (2) 6-foot paved shoulders, two (2) 6-foot
drainage ditches and two (2) 10-foot utility easements. Improvements to Stewart
Road will be completed per the Subdivision Ordinance and the Master Street
Plan.
Staff is supportive of the request. To staff's knowledge there are no remaining
outstanding technical issues associated with the request. The subdivision as
proposed appears to fully comply with the minimum standards as set forth in the
Subdivision Ordinance.
0
April 3; 2014
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1723
STAFF RECOMMENDATION:
Staff recommends 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.
PLANNING COMMISSION ACTION: (APRIL 3, 2014)
The applicant was present. There were registered objectors present. Staff stated the
proposed preliminary plat fully complied with the minimum standards of the subdivision
ordinance. 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.
Ms. Cindy Dawson, Deputy City Attorney, stated the City had been sued, the case was
heard by the Arkansas Supreme Court which ruled the case was one of first impression
in Arkansas concerning the discretionary authority of Planning Commissions. She
stated the City Planning Commission disapproved a subdivision preliminary plat
application. She stated the Circuit judge held that the Commission had discretionary
authority to disapprove the application. She stated a divided Arkansas Supreme Court
held that the Commission had exceeded its authority when it denied approval of the
preliminary plat on considerations other than minimum standards set forth in
Subdivision Ordinance.
She stated once a Planning Commission had exercised its authority in drafting
regulations pertaining to subdivision development, it was bound by those regulations
and was to administer them. She stated the Commission was guided by standards that
were uniformly applied and that give notice to subdividers of the minimum requirements
with which they must comply to get approval. She stated the Court determined the
Commission exceeded its authority when it denied approval of the preliminary plat on
considerations other than the minimum standards set forth in the Subdivision
Ordinance. She stated the Court determined if the plat was within the use permitted by
the zoning classification and met the development regulations set forth in the
Subdivision Ordinance, the plat by definition was in harmony with the existing
subdivisions in the area. She stated the Court determined a Planning Commission
could not disregard the regulations set forth in the Subdivision Ordinance and substitute
its own discretion in lieu of fixed standards applying to all cases similarly situated. She
stated a Planning Commission was authorized and required to determine whether a plat
presented was in compliance with the particular subdivision regulations. She stated
once compliance was determined the Commission had no discretionary power to
disapprove the plat.
7
April 3, 2014
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1723
Mr. Vernon Williams addressed the Commission stating he desired to reserve his time
until the opposition had an opportunity to speak.
Ms. Debbie Tait addressed the Commission in opposition of the request. She stated
her home was located at 11 Longwood Road. She stated when she purchased her
home she was told that they had to purchase five (5) acres to allow for a septic system
and allow the property to perk. She stated the concern of the neighborhood was the
type wastewater system the developers were proposing for the subdivision and the
potential impact on the ground water, area streams and ponds. She stated the
neighbors had spoken to representatives of the Arkansas Department of Environmental
Quality and they could not tell them where a system of this type was located in Pulaski
County. She stated AEDQ had indicated there was a system in Rosebud which was
similar to the proposed treatment system for the subdivision. She stated if the system
was faulty then there was a potential for harm to the area ponds and streams. She
stated she felt the subdivision would harm property values in the area. She stated she
questioned the placement of 20 homes instead of one or two and she questioned if the
Property Owners Association would be able to maintain the treatment system.
Mr. Scotty Caroom addressed the Commission in opposition of the request. He stated
the area residents did not have enough information to determine if the subdivision was
good for the area or not. He stated the homes in the area were on wells and he feared
the wastewater treatment system would harm the ground water in the area. He stated
there were also concerns of contamination of the area streams and ponds. He stated
there was not enough information concerning the proposed detention for the subdivision
and the potential impact on adjoining properties. He stated he felt the Arkansas
Department of Health and the Arkansas Department of Environmental Quality should
approve the request prior to the Commission approving the proposed subdivision. He
stated he felt the process was backward. He stated he wanted to note his objection and
he did not feel the subdivision was a fit for the neighborhood.
Mr. Brian Winstead addressed the Commission in opposition of the request. He stated
the proposed subdivision was located in his back yard. He stated there were a number
of subdivisions in the area which had all developed as three (3) to five (5) acre
subdivisions. He stated the larger subdivision were a fit for the area. He stated his
back yard was saturated at times and questioned the level of the ground water and the
potential impact of the discharge from the treatment plant on the area ground water. He
stated the discharged water would potentially contaminate the area streams and ponds.
Mr. John Moore addressed the Commission in opposition of the request. He stated the
Commission was not approving a neighborhood but they were approving a sewer
treatment plant. He stated 19 new homes would disrupt the neighborhood. He
questioned what neighborhood had a treatment plant in the middle of the homes.
N
April 3, 2014
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1723
Mr. Williams addressed the Commission on the quality of the system. He stated there
were a number of systems in the area which used this type technology. He stated the
system was a two part system with each home having a septic system which removed
virtually all the solids and the gray water was then sent to the treatment plant for
chlorination and discharge. He stated the system would be required a permit for the
discharge and the State would monitor the discharge to ensure compliance with all
State and Federal requirements.
There was a general discussion by the Commission on the proposed wastewater
treatment systems. The Commission questioned if there was redundancy in the system
in case the system failed. Mr. Williams stated the system would fail if not operated
properly. He stated other than operation there was nothing to fail. The Commission
questioned if there were parts of the system that would need pumping. Mr. Williams
stated the homes had individual septic systems which would require pumping but not at
any greater interval than a home septic system.
The Commission questioned similar systems. Mr. Williams stated there were two
systems in the City's Extraterritorial Planning Jurisdiction. He stated one was Two
Rivers Harbor and the second was Callahan Creek located on Raines Road.
The Commission requested Ms. Dawson once again explain the Richardson Case and
the Commission's authority to approve or deny a subdivision request. Ms. Dawson
stated the Commission did not have discretionary authority to deny a preliminary plat if
the plat fully complied with the minimum standards of the City's Subdivision Ordinance.
Mr. Caroom requested the Commission not approve the request until additional
information could be obtained concerning the proposed treatment system. He stated
the neighborhood was going to hire an expert to see if the system was a viable system.
He requested the Commission not approve the request until after the subdivision had
approval from the Health Department and AEDQ.
The Commission noted they were not approving the wastewater treatment system but a
preliminary plat. The Commission noted there would be a public review process
through the Health Department of AEDQ concerning the proposed wastewater
treatment system. The Commission stated this was common practice to provide
preliminary approval of a subdivision after which the developer then went forward with
detailed drawings of drainage, street design, water facilities and in this case a proposed
treatment system. The Commission stated there would not be a final plat issues for the
subdivision until such time all approvals were received from the various reviewing
agencies and departments.
There was no further discussion of the item. The Chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 11 ayes,
0 noes and 0 absent.
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