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HomeMy WebLinkAboutS-1753 Staff AnalysisITEM NO.: 2. S-17 NAME: Belle Pointe View Estates Preliminary Plat LOCATION: located on the West end of Belle Pointe Drive Planning Staff Comments: 1. Provide notification of the property owners located within 200-feet of the development including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than July 1, 2015. The Office of Planning and Development must receive the proof of notice no later than July 10, 2015. 2. Provide a letter from the State Fire Marshall indicating access to the subdivision is adequate to serve the proposed new lots (Subdivisions with 30 or more lots are to provide a means of secondary access). 3. Provide the distance from the terminus of the cul de sac from the property line (Section 31-202 — the terminus shall not be closer than 50 feet to the boundary). 4. Provide the existing covenants and bill of assurance for Tract A Belle Pointe Addition. 5. Provide the lot width at the building line for Lots 4, 5, 10 and 11. 6. Are lots proposed for the eastern side of Belle Point View Estates Circle? If so indicate the proposed lots. 7. Provide a copy of the sales contract, the source of title the applicant is the current owner or an affidavit from the current owner allowing the developer to process the preliminary plat application request. 8. Provide the proposed the proposed phasing plan for the new lots. 9. Provide a legal survey for the proposed subdivision. 10. Boundary survey information of the tract shall be as follows: a. Boundary lines shall be indicated by a heavy line. b. Adjusted bearings and distances shall be shown on all boundary lines and ties to all corners of record utilized. Where boundary lines are curves, sufficient curve data shall be provided to adequately describe the curve. As a minimum, curve data for each curve shall consist of radius, arc distance, delta angle and chord bearing and distance. Where boundary lines are common with previously platted properties, record bearings and distances shall also be shown. c. Accurate locations and adequate physical descriptions of all monuments shall be shown indicating size, type of material and construction thereof. d. Metes and bounds legal description of the tract boundary 11. Certifications that the plat has been surveyed and duly filed for record in the offices of the state surveyor and the county circuit clerk and recorder within the last seven (7) years. 12.A phasing plan outlining the boundaries for each phase and the location of all PAGIS monuments for the subdivision. PAGIS monuments shall be placed such that each corner of the principal subdivision boundary has a PAGIS monument and any phase shall have at least two (2) PAGIS monuments. 13. Provide the zoning classification of the proposed plat area and of the abutting land areas. 14. Provide the names of owner of unplatted tracts abutting the proposed subdivision and the names of all owners of platted tracts in excess of two (2) and one-half (2 1/2) acres. 15. Provide a draft bill of assurance. The draft submitted shall use the format provided within the sample draft provided by staff with the preliminary plat application forms. This format will ensure that the proposed bill of assurance separates those provisions required in the plat by ordinance and those provisions desired by the developer. Variance/Waivers: 1. A variance from Section 31-232(b) to allow residential lots with a depth to width ratio in excess of three (3) to one (1) for Lots 8, 9, 12, 13 and 14. 2. A variance from Section 31-232(d) to allow the creation of double frontage lots for Lots 5, 10 - 15. Public Works Conditions 1. Private streets are to be constructed to public street standards. 2. What is the proposed slope of the streets? 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Is a variance requested to advance grade the lots or grade beyond the access easement with construction of the subdivision? 4. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 5. 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. 6. 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 Traffic Engineering, Greg Simmons, gsimmions@littlerock.org or 501.379.1813 for more information. 7. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 8. Street names and street naming conventions must be approved by Public Works. Contact Glenn Haley, ghaleyCa7littlerock.org or 501. 371.4537. The proposed street names are too confusing and lengthy. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 10. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. 11. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as - built certification is required for construction of the retaining wall. 12. Provide a Sketch Grading and Drainage Plan per Section 29-186 showing the proposed street centerline grades. 13.A concrete street apron should be constructed at the beginning of the street to show the street is private. 14. The proposed gate should be moved away from the cul de sac as far as possible. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required with easement if new service is required for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy does not object to the proposed preliminary plat. There are both underground and overhead electrical facilities in the area. However, contact Entergy in advance to discuss load requirements, facilities layout and the time schedule for the development. CenterPoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Maintain Access. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade. Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading. Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments — 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates. Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. One- or Two -Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two -Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Jason Lowder 501-377-1245) and the Little Rock Fire Marshal's Office (Captain Tony Rhodes 501-918-3757). Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comment received. County Planning No comment. CATA: The site is not located on a dedicated CATA Bus Route. Building Code: 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, July 1, 2015. November 19, 2015 ITEM NO.: E NAME: Belle Pointe View Estates Preliminary Plat LOCATION: Located on the West end of Belle Pointe Drive DEVELOPER: Bo Bridges 13914 Belle Pointe Drive Little Rock, AR 72212 ENGINEER: White Daters and Associates Attn. Joe White 24 Rahling Circle Little Rock, AR 72223 AREA: 40.0 acres CURRENT ZONING PLANNING DISTRICT ENSUS TRACT VARIANCE/WAIVERS NUMBER OF LOTS: 11 R-2, Single-family 19 - Chenal 42.19 None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FILE NO.: S-1753 NEW STREET: 600 LF The applicant is requesting preliminary plat approval for a project located just west of the Belle Pointe Subdivision. The developer has the 40 acres under contact and is proposing to develop 11 single-family lots by extending Belle Pointe Drive to the west. The street is proposed as a gated private street constructed to public street standard. The proposed lots are similar in size to those within the existing Belle Pointe subdivision. The 11 lots will be developed on approximately 10 acres of the property. The remaining 30 acres has not been planned but will be developed from Beckenham Drive. The undeveloped area is indicated on the preliminary plat for future development. November 19, 2015 SUBDIVISION ITEM NO.: E (Cont.) B. EXISTING CONDITIONS: FILE NO.: S-1753 Belle Pointe Drive is located along a ridge with the existing homes having significant slopes in their rear yards. This area of the City has developed with a number of single-family subdivisions including the Villages of Wellington to the south, Pebble Beach to the north and Hillsborough to the east. Belle Pointe Drive has only one access from Saddle Hill Drive. There are no sidewalks located along Belle Pointe Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners and residents. All abutting property owners along with the Hillsboro and the Marlow Manor Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Private streets are to be constructed to public street standards. 2. What is the proposed slope of the streets? 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Is a variance requested to advance grade the lots or grade beyond the access easement with construction of the subdivision? 4. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 5. 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. 6. 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 Traffic Engineering, Greg Simmons, gsimmons -_litt3erock.orq or 501.379.1813 for more information. 7. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 6 November 19, 2015 SUBDIVISION ITEM NO.: FILE NO.: S-17 8. Street names and street naming conventions must be approved by Public Works. Contact Glenn Haley, ghaleyglittlerock.orq or 501. 371.4537. The proposed street names are too confusing and lengthy. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 10. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. 11. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as -built certification is required for construction of the retaining wall. 12. Provide a Sketch Grading and Drainage Plan per Section 29-186 showing the proposed street centerline grades. 13. A concrete street apron should be constructed at the beginning of the street to show the street is private. 14. The proposed gate should be moved away from the cul de sac as far as possible. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easement if new service is required for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy does not object to the proposed preliminary plat. There are both underground and overhead electrical facilities in the area. However, contact Entergy in advance to discuss load requirements, facilities layout and the time schedule for the development. CenterPoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. 3 November 19, 2015 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1753 Fire Department: Maintain Access. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade. Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading. Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments — 2 means_ of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. 4 November 19, 2015 SUBDIVISION ITEM NO.: E(Cont.)FILE NO.: S-1753 Gates. Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. One- or Two -Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two -Family dwelling residential developments. Developments of one- or two- family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access road's will connect with future development, as determined by the fire code official. 5 November 19, 2015 SUBDIVISION ITEM NO.: F. G FILE NO.: S-1753 Fire Hydrants. Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Jason Lowder 501-377-1245) and the Little Rock Fire Marshal's Office (Captain Tony Rhodes 501-918-3757). Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comment received. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. ISSUES/TECHNICAL/DESIGN.- Building Code: No comment. Planning Division: No comment. Landscape: No comment. SUBDIVISION COMMITTEE COMMENT: (June 24, 2015) Mr. Joe White of White Daters and Associates was present representing the request. Staff presented an overview of the item stating the applicant was requesting preliminary plat approval to allow the development of 15 new residential lots by the extension of Belle Pointe Drive. Staff stated the plat as currently proposed did include variances to allow for double frontage lots and a variance for the lot depth to width ratio. Staff requested Mr. White provide the distance from the property line for the proposed northern most cul de sac. Staff also requested Mr. White provide the lot width at the building line for Lots 4, 5, 10 and 11. Public Works comments were addressed. Staff stated private streets were to be constructed to public street standard. Staff also requested Mr. White provide the proposed slope of the streets. Staff stated the City's stormwater detention ordinance would apply to the development of the lots. Staff requested Mr. White move the proposed gate as far to the north as possible to limit blocking of the street by residents waiting to enter the subdivision. Staff stated the street names were too long and confusing. Staff requested he reconsider the proposed street names within the subdivision. Staff requested Mr. White provide a letter from the Fire Marshal indicating the proposed ingress and egress was adequate to meet State Fire Code. 0 November 19, 2015 SUBDIVISION ITEM NO.: E (Cont. FILE NO.: S-1753 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 has reduced the number of lots proposed for the development from 15 lots to 11 lots. The revised plan has indicated the lot widths at the building lines for the lots fronting the cul-de-sac street. The revised plan has also relocated the gate into the development to limit blocking of the existing Belle Pointe Drive cul-de-sac. The remaining acreage has not been planned. The plat as presented does not allow future access from this portion of the development with the exception of an access for fire and emergency vehicles. The future development portion of the parcel has access and frontage on Beckenham Drive. The developer has the 40 acres under contact and is proposing to develop 11 lots by extending Belle Pointe Drive to the west. The street is proposed as a gated private street constructed to public street standard. The proposed lots are similar in size to those within the existing Belle Pointe subdivision. The property is zoned R-2, Single-family and is proposed with development standards per the R-2, Single-family zoning district. The lots are indicated with an average lot size of 125-feet by 330-feet with an average lot area of 0.94 acres. The area to be developed contains approximately 10-acres. Section 31-207 states new private residential streets are discouraged, however, private streets may be approved by the Planning Commission to serve isolated developments. The design standard is to conform to public street standards as specified in the subdivision ordinance. Private streets are permissible only in the form of a cul-de-sac and short loop streets and only when it has been determined that these streets can be adequately served by all public service vehicles. Private streets are not allowed when there is a possibility of through traffic or vehicular connection to another public street. The Bill of Assurance recorded for Belle Pointe Subdivision outlines covenants and development standards for the Belle Pointe plat recorded for the original lots. The subdivision included 41 residential lots and two (2) tracts. Under the Use of Land Section the Bill of Assurance states the property shall be held, owned and used only as residential building sites. Tract 'A' shall remain open space until combined with other land to make a buildable residential lot with the approval of the Little Rock Planning Commission. Tract B shall remain open space. No structure or other improvements shall be erected, altered, placed or permitted to remain on any building site other than a single detached single-family residence 7 November 19, 2015 SUBDIVISION NO.: E (Cont. FILE NO.: S-17 and the appurtenance thereunto such as driveway, sidewalks and fences as hereinafter permitted. Each residence erected or maintained upon the property herein shall have a two -car carport or garage unless the requirement for such attachment is waived in writing by the undersigned. Tract 'A' is the portion of the plat the applicant is proposing to take access over with the new private street. Appendix D of the 2006 International Fire Code Section D107 One or two-family residential development, D107.1 One or two family dwelling residential development. Developments of one or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3 (Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.) An exception is noted. 1. Where there are more than 30 dwelling units on a single public or private street and all dwelling units are equipped throughout with an approved automatic sprinkler system access from two directions is not required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development as determined by the fire code official. The applicant has indicated a secondary access road will be constructed to the north connecting to Beckenham Drive or if the street grade to make this connection cannot be met the homes will be sprinkled per the International Fire Code. The fire apparatus access roads shall not exceed ten (10) percent grade. Grades steeper than ten (10) percent must be approved by the fire chief. Staff is supportive of the requested preliminary plat. The preliminary plat appears to fully comply with the minimum development standards of the City's Subdivision and Zoning Ordinances. To staff's knowledge there are no outstanding technical issues in need of address. 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 if the street grade for the secondary emergency access road cannot be achieved the developer must sprinkle the homes as required by the fire code. E:3 November 19, 2015 SUBDIVISION ITEM NO.: E Cont. PLANNING COMMISSION ACTION: FILE NO_: (J U LY 16, 2015) The applicant was present. There were registered objectors present. Staff stated the applicant had submitted a request dated July 15, 2015, requesting deferral of the item to the August 27, 2015, public hearing. Staff stated the deferral request would require a waiver of the Commission's by-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion. A motion was made to approve the by-law waiver request to allow for the late deferral request. The by-law waiver for deferral request was approved by a vote of 11 ayes, 0 noes and 0 absent. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: There has been no change to this application request since the previous staff write-up and analysis. Staff continues to recommend approval as indicated in the agenda write-up dated July 16, 2015. PLANNING COMMISSION ACTION: (AUGUST 27, 2015) The applicant was present. There were a number of registered objectors present. Staff presented the item with a recommendation of approval. Staff, stated the proposed preliminary plat meet with all the requirements of the City's Subdivision Ordinance and no variances were being requested. Mr. Mike Childress addressed the Commission on behalf of the developer. He stated the subdivision was proposed with 11 lots for single-family development. He stated the size of the lots met the minimum standards of the ordinances. He stated the plat included 10 acres of a 40 acre parcel. He stated the topography of the site did not allow for development of the parcel with access from Beckenham Road only. He stated the development was a two (2) phase development. He stated he would not get into the details of the litigation. He stated the litigation was not related to the merits of the application or the request. Ms. Sara Robertson addressed the Commission in opposition of the request. She provided the Commission with a copy of the original plat for Belle Pointe. She stated the subdivision was developed with cul de sacs on each end. She stated no further development through the subdivision was proposed. She stated the bill of assurance for the subdivision stated Tract A was to be combined with additional land area for the construction of one (1) new single-family home. She stated the homeowners had filed 9 November 19, 2015 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.. S-1753 suit for a determination as to if the Tract could serve as access to the new lots. She stated Ordinance No. 20,689 adopted by the Board of Directors in 2013 was approved because of the traffic on Hinson Road. She stated the approval of the plat would increase traffic and generate additional traffic on Beckenham and Hinson Road. She requested the Commission deny the request and if not deny the request to delay their approval until after the court had ruled. Mr. Bucky Magness addressed the Commission in opposition of the request. He stated he bought his home in 1998 and was provided a bill of assurance for the subdivision when he bought his home. He stated the bill of assurance stated Tract A was to remain as open space until combined with additional land area to construct a new home. He stated the developer wanted to use Tract A as a street. He stated the Master Street Plan closed the street. He stated he was one of nineteen homeowners on Belle Pointe that had filed the law suit concerning the use of Tract A. He requested the Commission defer the request until after the court decision. He stated with the development of 11 new homes this would generate an additional 880 vehicle trips per day. He stated this was in direct conflict with Ordinance No. 20,689. He stated Beckenham Drive exited onto Hinson Road just four (4) blocks from Pulaski Academy School which two (2) times per day traffic was at a stand -still. Ms. Cynthia Waldron addressed the Commission in opposition of the request. She stated the use of Tract A was in direct violation of the Bill of Assurance for the subdivision. She stated the developer had provided the neighborhood with a number of proposals for the development of the 40-acre tract. She stated one (1) of the plats included two (2) streets. She stated the width of the cul de sac on Belle Pointe was 17-feet which was less width than a two (2) car garage. She stated the key pad was located at the end of the driveway for the end home of the cul de sac. She stated additional phases would increase the traffic on Belle Point Drive. She stated with the addition of through traffic a result could be an increase crime. She stated to her `a' met one and the development as proposed violated the bill of assurance. She requested the Commission defer the request until the courts had ruled on the suit. Mr. David Laumer addressed the Commission in opposition of the request. He stated he was on the Hillsborough Property Owners Association Board and his neighborhood had voted to oppose the request and support the residents of Belle Pointe. He stated based on the current street layout the residents of the neighborhood had no way of knowing the street would be extended. He stated plat maps were put in place to allow people the ability of knowing what they are buying. He stated the plat map filed for this subdivision did not give any indication the area would be developed. He stated he did not feel the Commission had enough information to make a decision on the request. 10 November 19, 2015 SUBDIVISION ITEM NO.: E (Con FILE NO.: S-1753 Mr. Dave Justice addressed the Commission in opposition of the request. He stated he lived down the hill on Beckenham Drive. He stated the 2013 ordinance kept Beckenham from going thorough. He stated the development would generate additional traffic on Beckenham which was in conflict with the approved ordinance. Ms. Wanda Crow addressed the Commission stating she was in opposition of the request. She stated she loved all the comments made by the other speakers. Mr. Eugene Brandao addressed the Commission stating he was opposed to the request. He stated the street was shown to extend Beckenham Drive up through the subdivision and connecting to Belle Pointe Drive. He stated the removal of Beckenham Drive from the Master Street Plan was a hard fought fight. He stated extending Beckenham Drive was in violation of the ordinance adopted by the Board of Directors. Ms. Catherine VanDuinen addressed the Commission in support of the request. She stated she bought her home in 1994 and was the third home constructed on the street. She stated she was on the other end of the street. She stated she was always told the street would be extended and this was why she bought on the other end. She stated the new construction would add value and increase property values for the residents of Belle Pointe. She stated she had not opposition to the request. Mr. Mickey Loeb addressed the Commission in opposition of the request. He stated his concern was stormwater. He stated the site had a steep grade and currently there were a number of diversionary ditches and creeks located on the property. He stated the native forest vegetation allowed for diversion of stormwater and runoff.- He stated he felt the development could overwhelm the stormwater facilities in the area. He requested no grading be allowed until all controls were in place. Mr. Mike Childress stated there were no plans to extend Beckenham. He stated the connection would only be constructed as an emergency access. He stated the development of the remaining area was a discussion for a later day. He provided the Commission with two (2) letters of support for the proposed subdivision. He stated the development met with the minimum development standards of the subdivision ordinance and the proposal had staff support. He stated he did not feel the Commission could deny the request based on the Richardson case. Mr. Shawn Overton, Deputy City Attorney, addressed the Commission stating if there were no variances associated with the proposed preliminary plat the Commission was to approve the preliminary plat request. He stated based on a court case, Richardson vs. the City of Little Rock established the criteria under which a plat must be reviewed and if and when the Commission could deny a request. A motion was made to defer the request until the October 8, 2015, public hearing. The motion carried by a vote of 9 ayes, 2 noes and 0 absent. 11 November 19, 2015 SUBDIVISION ITEM NO.: STAFF UPDATE: FILE NO.: S-1753 The applicant failed to notify property owners as required by the Commission's by-laws. Staff recommends deferral of the item to the November 19, 2015, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 8, 2015) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission's By-laws. Staff presented a recommendation of deferral of the item to the November 19, 2015, public hearing. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request to withdraw this item, without prejudice, to allow the legal proceedings associated with the proposed access to this tract to be resolved. Staff recommends approval of the withdrawal request. PLANNING COMMISSION ACTION: (NOVEMBER 19, 2015) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request to withdraw this item, without prejudice, to allow the legal proceedings associated with the proposed access to this tract to be resolved. Staff stated they were supportive of the withdrawal request. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. 12