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HomeMy WebLinkAboutS-1737 Staff AnalysisFILE NO.: S-1737 NAME: Rainey Subdivision Preliminary Plat LOCATION: Located at 10000 Old Arkansas Drive DEVELOPER: Russell Rainey 1501 Rahling Road #1704 Little Rock, AR 72223 CAIr-%I All=GQ• Marlar Engineering Co. 5318 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 10.91 acres NUMBER OF LOTS: 12 & 2 tracts FT. NEW STREET: 1,890 LF CURRENT ZONING R-2, Single-family PLANNING DISTRICT: 29 - Barrett CENSUS TRACT: 42.01 VARIANCE/WAIVERS: 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback. 3. A variance from Section 36-254(d)(3) to allow a reduced rear yard setback. 4. A variance from Section 36-254(d)(4) to allow a reduced lot depth. 5. A variance from Section 31-231 to allow lots to develop on a private street. 6. A variance from the Master Street Plan to allow street grade to exceed the 12-percent allowed. BACKGROUND: A request to allow the development of this site with eight (8) units of multi -family housing was withdrawn at the applicant's request at the Commission's August 7, 2014, public hearing. FILE NO.: S-1737 (Cont. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The request is for preliminary plat approval to allow the creation of a new subdivision containing 12 lots from an existing parcel containing 10.91 acres. The lots are proposed containing 0.17 acres to 0.24 acres. Within the subdivision there is a large community recreational area, community garden and community workshop. There is a also a large amount of undeveloped common area to be held by the Property Owners Association. As a separate item on this agenda the applicant has filed a Conditional Use Permit application request for approval of the community recreational area, maintenance and storage building and the subdivisions proposed wastewater treatment system. The Lots 2 — 5 and 8 — 10 are proposed with an 80-foot depth and a lot width of 90-feet. The lot area proposed is 7,200 square feet. Lots 1, 6, 7 and 12 are proposed with a lot depth of 120-feet and a lot width of 90-feet. The lot area proposed for these four (4) lots is 10,800 square feet. The front and rear building line is indicated at 15-feet. The side yard setbacks are proposed at 5-feet. The new lots are proposed to be served with a private street. The street is indicated with 24-feet of pavement in a 68-foot access easement. 1,890 linear feet of new private street construction is proposed. The street will be constructed per the Master Street Plan as a local residential street with open drainage. Old Arkansas Drive appears to be a private street with a 25-foot road easement. EXISTING CONDITIONS: The property is located behind the gate of Old Arkansas Drive. Old Arkansas is a narrow unimproved chip -seal road with open ditches for drainage. The property is located outside the City limits of Little Rock but within the City's Extraterritorial Planning Jurisdiction. The area is primarily single-family with homes located on acreage. There is a PD-C zoned parcel located on Barrett Road to the east which was approved as an in -home beauty salon. The property north of Barrett Road has a significant slope from north to south. This property also has a significant slope from north to south. The timber on this site was recently removed. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls both informational and with concerns related to the request from area residents. All property owners located within 200-feet of the site along with the Coalition of West Little Rock Neighborhoods were notified of the public hearing. E FILE NO.: S-1737 (Cont. D. ENGINEERING COMMENTS - PUBLIC WORKS CONDITIONS: 1. With site development, provide design of street conforming to the Master Street Plan. Construct street improvement to the proposed Old Arkansas Circle with the planned development. The street should be constructed to 24 feet in width and 6 foot paved shoulders, and open ditch within a 68 foot easement. The proposed street grade cannot exceed twelve percent (12%) slope without a variance from the Master Street Plan to increase to eighteen percent (18%). Show the proposed street elevation on a sketch grading and drainage plan. 2. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 3. 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. 4. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 5. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Greg Simmons, Traffic Engineering, 501.379.1813 for more information. 6. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Entergy does not object to this proposal. A single phase line currently exists along Old Arkansas Drive on the west side of the road leading up to the property. Contact Entergy in advance to begin discussions about service requirements. Centerpoint 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 this property. 3 FILE NO.: S-1737 (Cont. 3. 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. 4. 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. 5. 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. 6. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 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: Maintain access, fire hydrants per code. Contact the Little Rock Fire Department for additional information. Provide a letter from the Maumelle Volunteer Fire Department indicating their knowledge of the proposed subdivision. County Planning: 1. Provide Bill of Assurance. 2. Show distances and bearings to second land corner, provide state plane coordinates. 3. Provide Health Department approval of Wastewater treatment system. 4. Provide approval from Volunteer Fire Department. 5. Provide street cross sections for Old Arkansas Circle. 6. Provide profile for Old Arkansas Circle. 7. Label all street centerlines. 8. Provide storm drainage plan. 9. Old Arkansas Circle must comply with Pulaski County Master Road Plan for a local road. Provide 60-foot access easement width. Provide 28-feet pavement width for Old Arkansas Circle. CI FILE NO.: S-1737 (Cont. 10. Provide for maintenance of Old Arkansas Circle in the Bill of Assurance. 11. Provide full set of construction plans for Old Arkansas Circle. 12. Front, rear and side setbacks do not comply with Pulaski County Subdivision and Development Code standards. 25-foot front and rear yard setback required and 8-foot side yard setbacks are required. 13. Provide SWPPP for Pulaski County review. 14. Pay $33.00 review fee. 15. Provide means of stabilizing cut and fill slopes. 16. Provide water and wastewater design plans for Public Works review. 17. Name leftover vacant tract and common area. Provide for maintenance of both tracts in the Bill of Assurance. 18. Show both road edges of Old Arkansas Drive. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received- F. ISSUES/TECHNICAL/DESIGN: Building Code: No comment. Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 19, 2014) Mr. Russell Rainey and Mr. Mike Marlar were present representing the request. Staff stated there were additional items necessary to complete the review process. Staff requested Mr. Marlar provide the linear feet of internal street, the source of water and the average lot size for the proposed lots in the general notes section of the proposed preliminary plat. Staff also requested Mr. Rainey provide a letter from the area volunteer fire department indicating their knowledge of the project and their ability to serve the proposed lots. Public Works comments were addressed. Staff questioned if the street would be public or private and questioned if the development would be gated. Staff also requested Mr. Marlar provide a road profile for the proposed street. Staff stated the ordinance allowed a 12-percent street grade and a variance up to an 18-percent street grade could be approved by the Commission. 9 FILE NO.: S-1737 (Cont. Staff stated in addition to the preliminary plat the applicant was requesting a Conditional Use Permit application as a separate item on the agenda (Z-8937-A) to allow the placement of the wastewater treatment system and the community buildings and pool. Staff questioned the status of the proposed wastewater treatment system. Mr. Marlar stated plans were being prepared and the owner had decided on the type for the proposed treatment system. He stated plans would be submitted to AEDQ for approval as well as the Arkansas Department of Health. He stated AEDQ normally would provide a respones and/or approval in 60 to 90 days and the Health Department response and approval was usually 45-days. 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 November 19, 2014, Subdivision Committee meeting. The applicant has provided the average size of the lots, the source of water and the linear feet of internal street in the general notes section of the proposed preliminary plat. The applicant has stated the volunteer fire department approval will be provided prior to the Commission meeting. The applicant is requesting approval of a preliminary plat to allow the creation of a new single-family subdivision containing 12-lots located within an existing parcel containing 10.91 acres. The lots are proposed ranging from 0.17 acres to 0.24 acres. Within the subdivision there are two (2) tracts to be held in common ownership through the property owners association. Within the internal tract there is a community recreational area containing a pool, fitness center and greenhouse. There is also a community garden in this area. Located on the perimeter of the development is a community workshop, garden center and storage building. Within this area the development is also proposing the placement of a wastewater treatment system. As a separate item on this agenda the applicant is requesting approval of a Conditional Use Permit (Z-8937-A) to allow the community recreational areas and the wastewater treatment system. Lots 2 — 5 and 8 — 10 are proposed with an 80-foot depth and a lot width of 90-feet. The lot area proposed is 7,200 square feet. Lots 1, 6, 7 and 12 are proposed with a lot depth of 120-feet and a lot width of 90-feet. The lot area proposed for these four (4) lots is 10,800 square feet. A variance from Section 36-254(d)(4) to allow a reduced lot depth is being requested for Lots 2 — 5 and 8 - 10. The plat is indicated with 15-foot front and rear yard building line. The applicant is seeking a variance from Section 36-254(d)(1) to allow a reduced front building line from 25-feet to 15-feet and n FILE NO.: S-1737 (Cont. from Section 36-254(d)(3) to allow a reduced rear yard setback from 25-feet to 15-feet. The request also includes a variance from Section 36-254(d)(2) to allow a reduced side yard setback. The side yard setback is indicated at 5-feet. The ordinance would typically require the side yard setback to be 10-percent of the lot width not to exceed 8-feet. The new lots are proposed to be served with a private street. The street is indicated with 24-feet of pavement in a 68-foot easement. The street will be constructed per the Master Street Plan as a local residential street with open drainage. The request includes a variance from the Master Street Plan to allow street grade to exceed the 12-percent allowed. The Commission may grant an increase in the street grade to 18-percent. The street grade proposed is 19.4-percent. The street grade must not exceed 18-percent. Staff is supportive of the requests. The subdivision is proposed at a density of 1.10 units per acre. Although there are variances associated with the proposed preliminary plat staff does not feel the variances will adversely impact the development. The total area proposed for homes site includes 2.32 acres with 8.58 acres of undeveloped common useable area for the residents of the subdivision. 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. Staff recommends approval of the following variances- 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line. 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback. 3. A variance from Section 36-254(d)(3) to allow a reduced rear yard setback. 4. A variance from Section 36-254(d)(4) to allow a reduced lot depth. 5. A variance from Section 31-231 to allow lots to develop on a private street. 6. A variance from the Master Street Plan to allow street grade to exceed the 12-percent allowed, but not to exceed 18-percent. PLANNING COMMISSION ACTION: (DECEMBER 18, 2014) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval as well as approval of the associated variance request. Staff also presented a Conditional Use Permit application request in N FILE NO.: S-1737 (Cont conjunction with the preliminary plat application request. Staff noted the two items were related and could be discussed at the same time but would require separate votes. Mr. Bill Spivey addressed the Commission on behalf of the applicant. He stated the development was a single-family subdivision consisting of 12 lots. He stated 79-percent of the site would be designated as open or green space. He stated the variances were being requested to allow the most efficient development of the property. He stated the street was a private street constructed to comply with the existing access to the site which was also private. He stated the development would provide a state of the art treatment system to serve the new homes. He stated the system was permitted and monitored by the State and would be owned by the Property Owners Association. He stated the amenities provided would enhance the subdivision by providing common recreational opportunities. Russell Rainey addressed the Commission as the developer. He stated his development was a state of the art development. He stated the homes would be developed based on green design. He stated the homes were proposed as homes for his family members and close personal friends. He stated the development was being constructed in such a manner as to allow for a buffer around the development for the adjacent residential properties. Mr. Mike Marlar addressed the Commission as the project engineer. He stated the variances were being requested to allow for a centralized courtyard. He stated without the clubhouse and garden area located internal to the development the lots would fully comply with the minimum standards of the City ordinances. He stated traffic from the development would not be significant. He stated he had contacted the City's Traffic Engineer for his thoughts on traffic accessing Old Arkansas Road. He stated the City's Traffic Engineer did not feel the subdivision would not generate a great deal of traffic and Mr. Henry did not have concerns with the development or access via Old Arkansas. Mr. Andy Davis addressed the Commission on behalf of the applicant. He stated his firm sold the treatment system that would be used for the subdivision. He stated the system was being used in several locations within the City's Extraterritorial Planning Jurisdiction as well as around the State. Mr. David Meints addressed the Commission on behalf of the applicant. He stated his company surveyed the site to determine the best means of wastewater treatment for the development. He stated it was determined individual septic systems could not serve the new homes and a centralized system was the best means for treatment. Mr. Scott Schallhourn addressed the Commission on behalf of the opposition. He stated his firm was representing a number of the homeowners in the area which were opposed to this dense development. He stated the homes previously looked over a forested area and now the property was cleared of timber and was a barren site. He stated there was not a silt fence in place to control runoff from the site. He provided the Commission with a graphic which indicated the development with a football field overlay and stated the development as proposed would fit into War Memorial Stadium and look FILE NO.: S-1737 Cont. very similar. He stated the subdivision did not fit the rural setting of the area. He stated the run-off from the treatment system would drain into the backyard of the homes to the south. Mr. Schallhourn stated it was unclear if the developer had right of access to Old Arkansas which was a private street. He stated the developer had not approached the homeowner association to indicating if he was willing to pay into the maintenance of the road if access was granted. He stated Old Arkansas was a 14-foot chip seal road, very narrow and difficult for two (2) cars to pass. He stated Mr. Rainey had access to a public street on the southwest corner of his development. He stated he felt the developer should confirm access or provide a preliminary plat with access to the public street prior to the Commission approving the preliminary plat. Dr. Andrijka Kwasny addressed the Commission in strong opposition to the request. She stated her home was located along the southern boundary of the development. She stated within the State of Arkansas waterways were not classified as creeks but as wet weather streams. She stated the wet weather stream which would provide outflow for the developments wastewater treatment system was located along her properties boundary. She stated with the current clearing silt fencing had not been installed and the creek and the crossing at Barrett Road had been eroded. She stated the site plan indicated containment areas which were located on her property. She questioned if these areas were clogged who would clean the areas. She stated pooling of water would only increase the erosion to her property and potentially cause health concerns. She stated the receiving stream was the Little Maumelle River. She stated the discharge from this plant would pass through Pinnacle State Park which was used for public recreation. Mr. Don Thompson addressed the Commission in opposition. He stated if the subdivision was approved this would significantly change the character of the River Valley. He stated with the exception of one subdivision most of the homes in the area were developed on larger parcels containing 3 to 5 acres. He stated this area was homesteads for families. He stated the road was narrow, and difficult for two (2) cars to pass. He stated the development was not compatible with other development in the area. He stated the development would change the topography of the site significantly to allow the creation of a flat spot for the home sites. He stated the developer could build three (3) to four (4) homes on the site which was more in keeping with development in the area. He stated his concern was the drainage and runoff from this site to adjacent tributaries. He stated to allow this development the developer would have to move the mountain. He stated the area residents encouraged development of single-family homes just not at this intensity. Mr. James Morgan addressed the Commission in opposition of the request. He stated his property was located on the south side of Barrett Road. He stated he had an organic vegetable farm on the property and questioned if he would be allowed to continue to grow organic vegetables if the development was approved. He questioned the discharge from the treatment plant and the impact the runoff would have on downstream conditions. 9 FILE NO.: S-1737 (Cont. Mr. Scott Schallhour summarized the resident's concerns. He stated the development was too intense for the area. He stated the plat contained a number of variances which were not consistent with development of single-family per the City's ordinances. He questioned if the development had the right of access to the private street. He requested the Commission deny the R-2, Single-family plat as well as the Conditional Use Permit request for the wastewater treatment facility and community activities. Mr. Bill Spivey addressed the Commission providing a letter from the area Volunteer Fire Department acknowledging the proposed project. Mr. Spivey also provided the permit request from the Arkansas Department of Environmental Quality concerning the permitting process for the wastewater treatment system. He provided a statement form Daniel Lanehart concerning the clearing of the site and the reasoning for the harvest stating the trees were damaged by a 1983 wildfire and a number of the trees were unhealthy. Mr. Spivey quoted a petition filed in 1979 which indicated the intent was a dedication of Old Arkansas Road as a public access with limited maintenance. He stated in 1988 a petition was filed listing the reason for closing the road. He stated within the petition it was stated no property owner would be denied access to any abutting property along the road. He stated Mr. Rainey's property abutted the road and he therefore should be allowed access to his property. Mr. Spivey stated this subdivision was a small subdivision. He stated the request was straight forward in that the plat was proposed as a R-2, Single-family plat. He stated there were variances associated with the plat which allowed the development to lessen the footprint on the site and the abutting properties. He stated it was always more difficult to build your home when everyone else's home was already constructed. There was a general discussion by the Commission concerning the development and the intensity of the development. Commissioner Berry questioned staff as to their change in recommendation from the previous request and the current request. Staff noted the previous request was for a multi -family development with eight (8) units of attached housing. Staff stated the current request was twelve (12) units of detached single-family housing developed per the subdivision ordinance. Staff noted there were variances requested which would allow for larger homes on the individual lots and flexibility in the placement of the new homes on these lots. The Commission questioned staff if they felt access to the new lots was in place. Staff stated they felt access was provided via the order referenced by Mr. Spivey. Staff stated this was not a legal opinion because they had not researched the order or read the order but felt Mr. Spivey had quoted to the Commission something true and correct. The Commission questioned stormwater detention and the time for consideration of stormwater runoff and detention. Staff stated the development was located in the County and the development would be reviewed by the County through their development standards. Staff stated the City's Land Alteration Ordinance did not extend outside the City limits and the developer was not in violation for removing the timber from the site. 10 FILE NO_: S-1737 (Cont. There was no further discussion of the item. The Chair entertained a motion for approval of the preliminary plat item as presented by staff. The motion carried by a vote of 7 ayes, 3 noes and 1 absent. 11 ITEM NO.: 3. S-1737 NAME: Rainey Subdivision Preliminary Plat and Rainey Conditional Use Permit (Z- 8937-A) LOCATION: located at 10000 Old Arkansas Plannina Staff Comments: 1. Provide notification of the abutting property owners including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than December 3, 2014. The Office of Planning and Development must receive the proof of notice no later than December 12, 2014. 2. Provide the County Certification of Preliminary Plat approval on the proposed preliminary plat. 3. Provide a note on the proposed preliminary plat indicating the linear feet of internal street and note the street as a private access easement. 4. Provide the average size of the lots and the minimum lot size in the general notes section of the proposed preliminary plat. 5. Provide any applicable existing covenants, and the proposed covenants on the land. 6. Provide the source of water in the general notes section of the proposed preliminary plat. 7. Provide the names of all owners of any landlocked parcels within or abutting the plat. 8. Provide the proposed phasing plan, if applicable, for the lot development/street construction. 9. Are there any restrictive covenants or access issues related to the private road Old Arkansas Road and the proposed lots taking access to this private roadway? 10. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed subdivision and their ability to serve the new homes. Variance/Waivers: 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback. 3. A variance from Section 36-254(d)(3) to allow a reduced rear yard setback 4. A variance from Section 36-254(d)(4) to allow a reduced lot depth. Public Works Conditions: 1. With site development, provide design of street conforming to the Master Street Plan. Construct street improvement to the proposed Old Arkansas Circle with the planned development. The street should be constructed to 24 feet in width and 6 ITEM NO.: 3. S-1737 feet paved shoulders, and open ditch within a 68 foot easement. The proposed street grade cannot exceed twelve percent (12%) slope without a variance from the Master Street Plan to increase to eighteen percent (18%). Show the proposed street elevation on a sketch grading and drainage plan. 2. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 3. 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. 4. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 5. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Greg Simmons, Traffic Engineering, 501.379.1813 for more information. 6. Is the street proposed to be public or private? 7. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. Utilities and Fire Department/County Planning: Wastewater: Outside the service boundary. No comment. Entergy: Entergy does not object to this proposal. A single phase line currently exists along Old Arkansas Drive on the west side of the road leading u-p to the property. Contact Entergy in advance to begin discussions about service requirements. Centerpoint Energy: No comment received. AT & T: No comment received. ntral 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 this property. 3. 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. 4. 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. Item # I ITEM NO.: 3. S-1737 5. 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. 6. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 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: Maintain access, fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: 1. Provide Bill of Assurance. 2. Show distances and bearings to second land corner, provide state plane coordinates 3. Provide Health Department approval of Wastewater treatment system. 4. Provide approval from Volunteer Fire Department. 5. Provide street cross sections for Old Arkansas Circle. 6. Provide profile for Old Arkansas Circle. 7. Label all street centerlines. 8. Provide storm drainage plan. 9. Old Arkansas Circle must comply with Pulaski County Master Road Plan for a local road. Provide 60-foot access easement width. Provide 28-feet pavement width for Old Arkansas Circle. 10. Provide for maintenance of Old Arkansas Circle in the Bill of Assurance. 11. Provide full set of construction plans for Old Arkansas Circle. 12. Front, rear and side setbacks do not comply with Pulaski County Subdivision and Development Code standards. 25-foot front and rear yard setback required and 8- foot side yard setbacks are required. 13. Provide SWPPP for Pulaski County review. 14. Pay $33.00 review fee. 15. Provide means of stabilizing cut and fill slopes. 16. Provide water and wastewater design plans for Public Works review. 17. Name leftover vacant tract and common area. Provide for maintenance of both tracts in the Bill of Assurance. 18. Show both road edges of Old Arkansas Drive. rATA- Parks and Recreation: No comment received. Item # 3. NO.: 3. S-1737 Building ode: No comment. 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, November 26, 2014. Item # 3. taCity of Little Rock Department of Planning and Development 723 West Markham Street Little Rock . 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NEW STREET: 1,890 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 29 - Barrett CENSUS TRACT: 42.01 VARIANCEIVVAIVERS: 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback. 3. A variance from Section 36-254(d)(3) to allow a reduced rear yard setback. 4. A variance from Section 36-254(d)(4) to allow a reduced lot depth. 5. A variance from Section 31-231 to allow lots to develop on a private street. 6. A variance from the Master Street Plan to allow street grade to exceed the 12-percent allowed. December 18, 2014 SUBDIVISION ITEM NO.: 3 (Cont. BACKGROUND: FILE NO.: S-1737 A request to allow the development of this site with eight (8) units of multi -family housing was withdrawn at the applicant's request at the Commission's August 7, 2014, public hearing. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The request is for preliminary plat approval to allow the creation of a new subdivision containing 12 lots from an existing parcel containing 10.91 acres. The lots are proposed containing 0.17 acres to 0.24 acres. Within the subdivision there is a large community recreational area, community garden and community workshop. There is a also a large amount of undeveloped common area to be held by the Property Owners Association. As a separate item on this agenda the applicant has filed a Conditional Use Permit application request for approval of the community recreational area, maintenance and storage building and the subdivisions proposed wastewater treatment system. The Lots 2 — 5 and 8 — 10 are proposed with an 80-foot depth and a lot width of 90-feet. The lot area proposed is 7,200 square feet. Lots 1, 6, 7 and 12 are proposed with a lot depth of 120-feet and a lot width of 90-feet. The lot area proposed for these four (4) lots is 10,800 square feet. The front and rear building line is indicated at 15-feet. The side yard setbacks are proposed at 5-feet. The new lots are proposed to be served with a private street. The street is indicated with 24-feet of pavement in a 68-foot access easement. 1,890 linear feet of new private street construction is proposed. The street will be constructed per the Master Street Plan as a local residential street with open drainage. Old Arkansas Drive appears to be a private street with a 25-foot road easement. B. EXISTING CONDITIONS: The property is located behind the gate of Old Arkansas Drive. Old Arkansas is a narrow unimproved chip -seal road with open ditches for drainage. The property is located outside the City limits of Little Rock but within the City's Extraterritorial Planning Jurisdiction. The area is primarily single-family with homes located on acreage. There is a PD-C zoned parcel located on Barrett Road to the east which was approved as an in -home beauty salon. The property north of Barrett Road has a significant slope from north to south. This property also has a significant slope from north to south. The timber on this site was recently removed. 2 December 18, 2014 SUBDIVISION ITEM NO.: 3 Cont. FILE NO.: S-1737 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls both informational and with concerns related to the request from area residents. All property owners located within 200-feet of the site along with the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide design of street conforming to the Master Street Plan. Construct street improvement to the proposed Old Arkansas Circle with the planned development. The street should be constructed to 24 feet in width and 6 foot paved shoulders, and open ditch within a 68 foot easement. The proposed street grade cannot exceed twelve percent (12%) slope without a variance from the Master Street Plan to increase to eighteen percent (18%). Show the proposed street elevation on a sketch grading and drainage plan. 2. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 3. 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. 4. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 5. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Greg Simmons, Traffic Engineering, 501.379.1813 for more information. 6. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Entergy does not object to this proposal. A single phase line currently exists along Old Arkansas Drive on the west side of the road leading up to the property. Contact Entergy in advance to begin discussions about service requirements. R43 December 18, 2014 SUBDIVISION ITEM NO.: 3 lCont.) FILE NO.: S-1737 Centerpoint 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 this property. 3. 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. 4. 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. 5. 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. 6. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 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: Maintain access, fire hydrants per code. Contact the Little Rock Fire Department for additional information. Provide a letter from the Maumelle Volunteer Fire Department indicating their knowledge of the proposed subdivision. 4 December 18, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1737 County Planning- 1 . Provide Bill of Assurance. 2. Show distances and bearings to second land corner, provide state plane coordinates. 3. Provide Health Department approval of Wastewater treatment system. 4. Provide approval from Volunteer Fire Department. 5. Provide street cross sections for Old Arkansas Circle. 6. Provide profile for Old Arkansas Circle. 7. Label all street centerlines. 8. Provide storm drainage plan. 9. Old Arkansas Circle must comply with Pulaski County Master Road Plan for a local road. Provide 60-foot access easement width. Provide 28-feet pavement width for Old Arkansas Circle. % Provide for maintenance of Old Arkansas Circle in the Bill of Assurance. 11. Provide full set of construction plans for Old Arkansas Circle. 12. Front, rear and side setbacks do not comply with Pulaski County Subdivision and Development Code standards. 25-foot front and rear yard setback required and 8-foot side yard setbacks are required. 13. Provide SWPPP for Pulaski County review. 14. Pay $33.00 review fee. 15. Provide means of stabilizing cut and fill slopes. 16. Provide water and wastewater design plans for Public Works review. 17. Name leftover vacant tract and common area. Provide for maintenance of both tracts in the Bill of Assurance. 18. Show both road edges of Old Arkansas Drive. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. 5 December 18, 2014 SUBDIVISION ITEM NO.: 3 F. ISS U ESITECHN ICAL/DESIGN: Buildinq Code: No comment. Planning Division: No comment. Landscape: No comment. FILE NO.: S-1737 G. SUBDIVISION COMMITTEE COMMENT: (November 19, 2014) Mr. Russell Rainey and Mr. Mike Marlar were present representing the request. Staff stated there were additional items necessary to complete the review process. Staff requested Mr. Marlar provide the linear feet of internal street, the source of water and the average lot size for the proposed lots in the general notes section of the proposed preliminary plat. Staff also requested Mr. Rainey provide a letter from the area volunteer fire department indicating their knowledge of the project and their ability to serve the proposed lots. Public Works comments were addressed. Staff questioned if the street would be public or private and questioned if the development would be gated. Staff also requested Mr. Marlar provide a road profile for the proposed street. Staff stated the ordinance allowed a 12-percent street grade and a variance up to an 18-percent street grade could be approved by the Commission. Staff stated in addition to the preliminary plat the applicant was requesting a Conditional Use Permit application as a separate item on the agenda (Z-8937-A) to allow the placement of the wastewater treatment system and the community buildings and pool. Staff questioned the status of the proposed wastewater treatment system. Mr. Marlar stated plans were being prepared and the owner had decided on the type for the proposed treatment system. He stated plans would be submitted to AEDQ for approval as well as the Arkansas Department of Health. He stated AEDQ normally would provide a respones and/or approval in 60 to 90 days and the Health Department response and approval was usually 45-days. 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 November 19, 2014, Subdivision Committee meeting. December 18, 2014 SUBDIVISION ITEM NO.: 3 (Cont. FILE NO.: S-1737 The applicant has provided the average size of the lots, the source of water and the linear feet of internal street in the general notes section of the proposed preliminary plat. The applicant has stated the volunteer fire department approval will be provided prior to the Commission meeting. The applicant is requesting approval of a preliminary plat to allow the creation of a new single-family subdivision containing 12-lots located within an existing parcel containing 10.91 acres. The lots are proposed ranging from 0.17 acres to 0.24 acres. Within the subdivision there are two (2) tracts to be held in common ownership through the property owners association. Within the internal tract there is a community recreational area containing a pool, fitness center and greenhouse. There is also a community garden in this area. Located on the perimeter of the development is a community workshop, garden center and storage building. Within this area the development is also proposing the placement of a wastewater treatment system. As a separate item on this agenda the applicant is requesting approval of a Conditional Use Permit (Z-8937-A) to allow the community recreational areas and the wastewater treatment system. Lots 2 — 5 and 8 — 10 are proposed with an 80-foot depth and a lot width of 90-feet. The lot area proposed is 7,200 square feet. Lots 1, 6, 7 and 12 are proposed with a lot depth of 120-feet and a lot width of 90-feet. The lot area proposed for these four (4) lots is 10,800 square feet. A variance from Section 36-254(d)(4) to allow a reduced lot depth is being requested for Lots 2 — 5 and 8 - 10. The plat is indicated with 15-foot front and rear yard building line. The applicant is seeking a variance from Section 36-254(d)(1) to allow a reduced front building line from 25-feet to 15-feet and from Section 36-254(d)(3) to allow a reduced rear yard setback from 25-feet to 15-feet. The request also includes a variance from Section 36-254(d)(2) to allow a reduced side yard setback. The side yard setback is indicated at 5-feet. The ordinance would typically require the side yard setback to be 10-percent of the' lot width not to exceed 8-feet. The new lots are proposed to be served with a private street. The street is indicated with 24-feet of pavement in a 68-foot easement. The street will be constructed per the Master Street Plan as a local residential street with open drainage. The request includes a variance from the Master Street Plan to allow street grade to exceed the 12-percent allowed. The Commission may grant an increase in the street grade to 18-percent. The street grade proposed is 19.4-percent. The street grade must not exceed 18-percent. 7 December 18, 2014 SUBDIVISIO ITEM NO.: 3 FILE NO.: S-1737 Staff is supportive of the requests. The subdivision is proposed at a density of 1.10 units per acre. Although there are variances associated with the proposed preliminary plat staff does not feel the variances will adversely impact the development. The total area proposed for homes site includes 2.32 acres with 8.58 acres of undeveloped common useable area for the residents of the subdivision. 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. Staff recommends approval of the following variances: 1. A variance from Section 36-254(d)(1) to allow a reduced front yard building line. 2. A variance from Section 36-254(d)(2) to allow a reduced side yard setback. 3. A variance from Section 36-254(d)(3) to allow a reduced rear yard setback. 4. A variance from Section 36-254(d)(4) to allow a reduced lot depth. 5. A variance from Section 31-231 to allow lots to develop on a private street. 6. A variance from the Master Street Plan to allow street grade to exceed the 12-percent allowed, but not to exceed 18-percent. PLANNING COMMISSION ACTION: (DECEMBER 18, 2014) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval as well as approval of the associated variance request. Staff also presented a Conditional Use Permit application request in conjunction with the preliminary plat application request. Staff noted the two items were related and could be discussed at the same time but would require separate votes. Mr. Bill Spivey addressed the Commission on behalf of the applicant. He stated the development was a single-family subdivision consisting of 12 lots. He stated 79-percent of the site would be designated as open or green space. He stated the variances were being requested to allow the most efficient development of the property. He stated the street was a private street constructed to comply with the existing access to the site which was also private. He stated the development would provide a state of the art treatment system to serve the new homes. He stated the system was permitted and R] December 18, 2014 SUBDIVISION ITEM NO.: 3 Cont. FILE NO.: S-1737 monitored by the State and would be owned by the Property Owners Association. He stated the amenities provided would enhance the subdivision by providing common recreational opportunities. Russell Rainey addressed the Commission as the developer. He stated his development was a state of the art development. He stated the homes would be developed based on green design. He stated the homes were proposed as homes for his family members and close personal friends. He stated the development was being constructed in such a manner as to allow for a buffer around the development for the adjacent residential properties. Mr. Mike Marlar addressed the Commission as the project engineer. He stated the variances were being requested to allow for a centralized courtyard. He stated without the clubhouse and garden area located internal to the development the lots would fully comply with the minimum standards of the City ordinances. He stated traffic from the development would not be significant. He stated he had contacted the City's Traffic Engineer for his thoughts on traffic accessing Old Arkansas Road. He stated the City's Traffic Engineer did not feel the subdivision would not generate a great deal of traffic and Mr. Henry did not have concerns with the development or access via Old Arkansas. Mr. Andy Davis addressed the Commission on behalf of the applicant. He stated his firm sold the treatment system that would be used for the subdivision. He stated the system was being used in several locations within the City's Extraterritorial Planning Jurisdiction as well as around the State. Mr. David Meints addressed the Commission on behalf of the applicant. He stated his company surveyed the site to determine the best means of wastewater treatment for the development. He stated it was determined individual septic systems could not serve the new homes and a centralized system was the best means for treatment. Mr. Scott Schalihourn addressed the Commission on behalf of the opposition. He stated his firm was representing a number of the homeowners in the area which were opposed to this dense development. He stated the homes previously looked over a forested area and now the property was cleared of timber and was a barren site. He stated there was not a silt fence in place to control runoff from the site. He provided the Commission with a graphic which indicated the development with a football field overlay and stated the development as proposed would fit into War Memorial Stadium and look very similar. He stated the subdivision did not fit the rural setting of the area. He stated the run-off from the treatment system would drain into the backyard of the homes to the south. Mr. Schallhourn stated it was unclear if the developer had right of access to Old Arkansas which was a private street. He stated the developer had not approached the homeowner association to indicating if he was willing to pay into the maintenance of the E December 18, 2014 SUBDIVISION ITEM NO.: 3 (Cont. FILE NO.: S-1737 road if access was granted. He stated Old Arkansas was a 14-foot chip seal road, very narrow and difficult for two (2) cars to pass. He stated Mr. Rainey had access to a public street on the southwest corner of his development. He stated he felt the developer should confirm access or provide a preliminary plat with access to the public street prior to the Commission approving the preliminary plat. Dr. Andrijka Kwasny addressed the Commission in strong opposition to the request. She stated her home was located along the southern boundary of the development. She stated within the State of Arkansas waterways were not classified as creeks but as wet weather streams. She stated the wet weather stream which would provide outflow for the developments wastewater treatment system was located along her properties boundary. She stated with the current clearing silt fencing had not been installed and the creek and the crossing at Barrett Road had been eroded. She stated the site plan indicated containment areas which were located on her property. She questioned if these areas were clogged who would clean the areas. She stated pooling of water would only increase the erosion to her property and potentially cause health concerns. She stated the receiving stream was the Little Maumelle River. She stated the discharge from this plant would pass through Pinnacle State Park which was used for public recreation. Mr. Don Thompson addressed the Commission in opposition. He stated if the subdivision was approved this would significantly change the character of the River Valley. He stated with the exception of one subdivision most of the homes in the area were developed on larger parcels containing 3 to 5 acres. He stated this area was homesteads for families. He stated the road was narrow, and difficult for two (2) cars to pass. He stated the development was not compatible with other development in the area. He stated the development would change the topography of the site significantly to allow the creation of a flat spot for the home sites. He stated the developer could build three (3) to four (4) homes on the site which was more in keeping with development in the area. He stated his concern was the drainage and runoff from this site to adjacent tributaries. He stated to allow this development the developer would have to move the mountain. He stated the area residents encouraged development of single-family homes just not at this intensity. Mr. James Morgan addressed the Commission in opposition of the request. He stated his property was located on the south side of Barrett Road. He stated he had an organic vegetable farm on the property and questioned if he would be allowed to continue to grow organic vegetables if the development was approved. He questioned the discharge from the treatment plant and the impact the runoff would have on downstream conditions. Mr. Scott Schallhour summarized the resident's concerns. He stated the development was too intense for the area. He stated the plat contained a number of variances which were not consistent with development of single-family per the City's ordinances. He 10 December 18, 2014 SUBDIVISION ITEM NO.: 3 (Cont. FILE NO.: S-1737 questioned if the development had the right of access to the private street. He requested the Commission deny the R-2, Single-family plat as well as the Conditional Use Permit request for the wastewater treatment facility and community activities. Mr. Bill Spivey addressed the Commission providing a letter from the area Volunteer Fire Department acknowledging the proposed project. Mr. Spivey also provided the permit request from the Arkansas Department of Environmental Quality concerning the permitting process for the wastewater treatment system. He provided a statement form Daniel Lanehart concerning the clearing of the site and the reasoning for the harvest stating the trees were damaged by a 1983 wildfire and a number of the trees were unhealthy. Mr. Spivey quoted a petition filed in 1979 which indicated the intent was a dedication of Old Arkansas Road as a public access with limited maintenance. He stated in 1988 a petition was filed listing the reason for closing the road. He stated within the petition it was stated no property owner would be denied access to any abutting property along the road. He stated Mr. Rainey's property abutted the road and he therefore should be allowed access to his property. Mr. Spivey stated this subdivision was a small subdivision. He stated the request was straight forward in that the plat was proposed as a R-2, Single-family plat. He stated there were variances associated with the plat which allowed the development to lessen the footprint on the site and the abutting properties. He stated it was always more difficult to build your home when everyone else's home was already constructed. There was a general discussion by the Commission concerning the development and the intensity of the development. Commissioner Berry questioned staff as to their change in recommendation from the previous request and the current request. Staff noted the previous request was for a multi -family development with eight (8) units of attached housing. Staff stated the current request was twelve (12) units of detached single-family housing developed per the subdivision ordinance. Staff noted there were variances requested which would allow for larger homes on the individual lots and flexibility in the placement of the new homes on these lots. The Commission questioned staff if they felt access to the new lots was in place. Staff stated they felt access was provided via the order referenced by Mr. Spivey. Staff stated this was not a legal opinion because they had not researched the order or read the order but felt Mr. Spivey had quoted to the Commission something true and correct. The Commission questioned stormwater detention and the time for consideration of stormwater runoff and detention. Staff stated the development was located in the County and the development would be reviewed by the County through their development standards. Staff stated the City's Land Alteration Ordinance did not 11 Bozynski, Ton From: James, Donna Sent: Friday, March 27, 2015 4:52 PM To: Bozynski, Tony Subject: FW: Rainey Subdivision From: Scott Lacey [mailto:Scott@LaceyFPE.com] Sent: Thursday, March 26, 2015 11:10 AM To: lames, Donna Subject: RE: Rainey Subdivision Thanks. Scott Lacey, PE, cSP, SFPE Ulce Fire Protection 11111111110 ENineering. LLC Lacey Fire Protection Engineering, LLC P.O. Box 723 Greenbrier, AR 72058 Scott@LaceyFPE.com V (501) 679-1753 www.LaceyFPE.com PE in AZ&AR Confidentiality Statement: This email may include confidential information that shall not be duplicated, used, or disclosed outside of the person or persons named above either in whole or in part for any purpose. The information is intended only for the person named above. If you have received this transmission in error, please immediately notify us and destroy the transmission. From: James, Donna [mailto:DJames@littlerock.org] Sent: Thursday, March 26, 2015 11:00 AM To: Scott Lacey Subject: RE: Rainey Subdivision Attached please find the approval we spoke of from the fire department. From: Scott Lacey [mailto:Scott@LaceyFPE.com] Sent: Thursday, March 26, 2015 10:25 AM To: James, Donna Subject: Rainey Subdivision Donna, any information you can provide to help me review fire code compliance concerns is appreciated. I have done a fire flow test along Barrette Road. I understand that this is where the water supply will come from to serve the subdivision. Based on the information I have so far, taking into account elevation change and distance, it appears that the available flow/pressure of the water supply will be short of the IFC required amounts even if the houses were sprinklered and full hydrant flow reductions granted by the fire authority. Scott Lacey, PE, cSP, SFPE Leeotection Engineering, LLC Lacey Fire Protection Engineering, LLC P.O. Box 723 Greenbrier, AR 72058 Scott Lace FPE.com V (501) 679-1753 www.LaceyFPE.com PE in AZ&AR Confidentiality Statement: This email may include confidential information that shall not be duplicated, used, or disclosed outside of the person or persons named above either in whole or in part for any purpose. The information is intended only for the person named above. If you have received this transmission in error, please immediately notify us and destroy the transmission. December 18, 2014 SUBDIVISION ITEM NO.: 3 FILE NO.: S-1737 extend outside the City limits and the developer was not in violation for removing the timber from the site. There was no further discussion of the item. The Chair entertained a motion for approval of the preliminary plat item as presented by staff. The motion carried by a vote of 7 ayes, 3 noes and 1 absent. 12