HomeMy WebLinkAboutS-1767 Staff AnalysisITEM NO.: G.
NAME: Vincent View Preliminary Plat
S-1767
LOCATION: located South of Pebble Beach Estates and West of Garrett Glen
Subdivision
Plannina 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 March 23, 2016. The
Office of Planning and Development must receive the proof of notice no later than
April 1, 2016.
2. Lots 10 and 11 are indicated with a depth to width ratio variance.
3. Label all tracts including the tract located adjacent to Lot 1 and the tract between
Lots 17 and 18 indicating future emergency access.
4. Remove the label open space along the eastern boundary. This area will most likely
be disturbed to allow access to the detention ponds.
Variance/Waivers:
Depth to width ratio
Master Street Plan street grade of 18%
Public Works Conditio
All previous comments apply.
a. 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 the applicant requesting an
advanced grading permit to grade the lots or beyond the lots at the time the
right of way and easements are graded?
b. 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.
c. Stormwater detention ordinance applies to this property.
d. Show the proposed unobstructed access to the detention pond.
e. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e).
f. With site development, provide the design of street conforming to the Master
Street Plan. Construct street improvement to this street including 5-foot
sidewalks with the planned development.
g. 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.
ITEM NO.: G.
S-1767
h. Street lights 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,
501.379.1813, Greg Simmons, gsimmons@littlerock.g_rg for more information.
i. All public drainage easements must be unobstructed and access provided to
the public right-of-way by constructed infrastructure and/or documented on
the final plat.
j. 100 year overflow swales must be constructed and placed within public
drainage easements.
k. Access to detention ponds must be provided to the public right-of-way and/or
access easement for future maintenance by the developer and/or local
property owners' association.
2. Access should be provided to the stormwater detention ponds for maintenance from
the right of way access easement by excavation equipment. If access cannot be
provided, an additional strip of unfenced tract land between lots should be provided.
3. Prior to issuance of a grading permit, an erosion control plan and grading and
drainage plan should be provided to staff due to the downstream properties.
4. Staff recommends approval of the variance for a minor residential street constructed
with a running slope not to exceed 18%.
5. City of Little Rock does not provide deicing or snow removal maintenance to private
streets.
6. 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.
7. If the retaining wall is 4 feet or taller, A City of Little Rock "Engineer
Certification/Indemnification of Retaining Wall Design" form found at
www.littlerock.or /cit de artmentsl ublicworks.as z must be signed by a licensed
engineer in the State of Arkansas.
8. Is a variance from the land alteration regulations needed to grade outside the right of
way or easements prior to platting of the lots?
Utilities and Fire Department/County Planning:
Wastewater: Sewer main extension required with easements if new sewer service is
required for this project. Contact Little Rock Wastewater for additional information.
Entergy: Entergy does not object to this proposal. A combination of single-phase
overhead and underground lines exist in the vicinity of these platted lots. Contact
Entergy in advance regarding future service requirements to the development, desired
line extensions, and future facilities locations as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water
ITEM NO.: G.
S-1767
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 the 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 contract
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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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:
ITEM NO.: G. S-1767
a. 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.
b. 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.
6. 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 or Captain John Hogue 501.918.3754). Number and
Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
Rock Region Metro:
Building Code: Fire Marshal review required.
Plannina ❑ivisiom 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, March 23, 2016.
April 7, 2016
ITEM NO.: G
NAME: Vincent View Preliminary Plat
FILE NO.: S-1767
LOCATION: Located South of Pebble Beach Estates and West of Garrett Glen
Subdivision
DEVELOPER:
Bo Briggs
13914 Belle Pointe Drive
Little Rock, AR 72212
St 1R\/FynR
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 10 acres NUMBER OF LOTS: 29 lots and 1 tract as a building site and
3 tracts to be maintained by the POA for access and detention
FT. NEW STREET: 1,900 LF
CURRENT ZONING: R-2, Single-family
WARD: 5 PLANNING DISTRICT: 19 — Chenal CENSUS TRACT: 42.19
VARIANCEM/AIVERS.
1. A variance from the Master Street Plan to allow a minor residential street to be
constructed with a running slope of 18 percent.
2. A variance from the City's Land Alteration Ordinance to allow advanced grading of
the lots with the installation of the basic infrastructure and/or streets.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
The applicant is requesting preliminary plat approval for a proposed subdivision
containing 10-acres and 29-lots and 1 tract as a building site and 3 tracts to be
maintained by the Property Owners Association for access and detention. The
lots will be developed by extending Beckenham Drive from the northwest.
Currently, Beckenham Drive is a collector street with a 60-foot right of way and a
April 7, 2016
SUBDIVISIO
ITEM NO.: G (Cont.
FILE NO.: S-1767
36-foot pavement width. The Board of Directors adopted Ordinance No. 20,689
on January 22, 2013, which removed Beckenham Drive from the Master Street
Plan as a collector street. Since the street is no longer classified as a collector
street the applicant is proposing the extension to be tapered down to a 27-foot
pavement width within a 50-foot right of way. Beckenham Drive will terminate
near the western property line of this 10-acre development. 1,900 linear feet of
new street is proposed which will be gated and maintained as a private street.
The proposed 29-lots are similar in size to those within the Pebble Beach Estates
development. The average lot size proposed is 80-feet by 150-feet. The tract is
proposed containing over five (5) acres. The development will utilize Little Rock
Wastewater for sanitary sewer and Central Arkansas Water for water service.
The development is proposed in a single phase.
The request includes a variance from the Master Street Plan to allow a minor
residential street to be constructed with a running slope of 18 percent with
approval by the Planning Commission. The Master Street Plan states the
maximum slope for a minor residential street is 16 percent but may be increased
to 18 percent with approval. The request also includes a variance from the City's
Land Alteration Ordinance to allow advanced grading of the lots with the
installation of the basic infrastructure and/or streets. The applicant has indicated
grading will take place outside the right of way and outside the designated
easement with the placement of the retaining walls, streets, water and sewer.
B. EXISTING CONDITIONS:
C.
The property is located at the end of Beckenham Drive South of Pebble Beach
Estates and West of the Garrett Glen Subdivision. Belle Pointe Drive is located
to the south of this site and runs along a ridge with homes located on each side
of the street. This area of the City has developed with a number of single-family
subdivisions including the Villages of Wellington and Garrett Glen to the west,
Pebble Beach to the north and Hillsborough to the east. Beckenham has been
constructed with curb, gutter and sidewalk. The street ends at the property line
of this property.
NEIGHBORHOOD COMMENTS:
As of this writing, staff has received an informational phone call from an area
property owner. All abutting property owners of the site along with the Hillsboro
Neighborhood Association and the Marlowe Manor Property Owners Association
were notified of the public hearing.
April 7, 2016
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: S-1767
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. All previous comments apply.
a. 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
the applicant requesting an advanced grading permit to grade the lots
or beyond the lots at the time the right of way and easements are
graded?
b. 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.
c. Stormwater detention ordinance applies to this property.
d. Show the proposed unobstructed access to the detention pond.
e. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e).
f. With site development, provide the design of street conforming to the
Master Street Plan. Construct street improvement to this street
including 5-foot sidewalks with the planned development.
g. 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.
h. 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, 501.379.1813, Greg Simmons, 9simmonsCq),1itt1erack.orq
for more information.
i. All public drainage easements must be unobstructed and access
provided to the public right-of-way by constructed infrastructure and/or
documented on the final plat.
j. 100 year overflow swales must be constructed and placed within public
drainage easements.
k. Access to detention ponds must be provided to the public right-of-way
and/or access easement for future maintenance by the developer
and/or local property owners' association.
3
April 7, 2016
UBDIVISION
ITEM NO.: G (Cont.
FILE NO.: S-1767
2. Access should be provided to the stormwater detention ponds for
maintenance from the right of way access easement by excavation
equipment. If access cannot be provided, an additional strip of unfenced tract
land between lots should be provided.
3. Prior to issuance of a grading permit, an erosion control plan and grading and
drainage plan should be provided to staff due to the downstream properties.
4. Staff recommends approval of the variance for a minor residential street
constructed with a running slope not to exceed 18%.
5. City of Little Rock does not provide deicing or snow removal maintenance to
private streets.
6. 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.
7. If the retaining wall is 4 feet or taller, A City of Little Rock "Engineer
Certification/Indemnification of Retaining Wall Design" form found at
vo,vvy.Iittlerock, org/citydepartments/pubIicworks.aspz must be signed by a
licensed engineer in the State of Arkansas.
8. Is a variance from the land alteration regulations needed to grade outside the
right of way or easements prior to platting of the lots?
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements if new sewer
service is required for this project. Contact Little Rock Wastewater for additional
information.
Entergy: Entergy does not object to this proposal. A combination of
single-phase overhead and underground lines exist in the vicinity of these platted
lots. Contact Entergy in advance regarding future service requirements to the
development, desired line extensions, and future facilities locations as this
project proceeds.
Centerpoint EneM: 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
April 7, 2016
SUBDIVISION
ITEM NO.: G (Cont.
FILE NO_: S-1767
2. A water main extension will be needed to provide water service to the
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 contract 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'.
1. 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.
2. 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.
3. 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.
4. 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
5
April 7, 2016
SUBDIVISION
ITEM NO.: G (Cont.
FILE NO.: S-1767
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.
5. 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:
a. 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.
b. 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.
6. 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 or Captain John Hogue
501.918.3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
Rock Region Metro: Location is currently served on express route 25 Pinnacle
Mountain by Rock Region METRO. We have no comments on this proposed
development at this time.
F. ISSUES/TECHNICAUDESIGN:
Building Code: No comment by building codes.
Fire Review for access is required.
n.
April 7, 2016
SUBDIVISION
ITEM NO.: G (Cont.
Plannina Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT:
FILE NO.: S-1767
(December 9, 2015)
Mr. Joe White and Mr. Brian Dale of White Daters and Associates were present
representing the request. Staff presented an overview of the item stating there
were additional items necessary to complete the review process. Staff
questioned the responsible party for the indicated tract land. Staff also requested
the proposed plat include the source of title of the land owner.
Public Works comments were addressed. Staff stated a grading permit in
accordance with Section 29-186 was required prior to any land clearing on the
site. Staff also stated damage to public and private streets due to hauling
operations or operation of constructed related equipment was to be repaired prior
to the issuance of a certificate of occupancy. Staff questioned if a variance was
being requested to advance grade the lots with the construction of the streets.
Staff requested Mr. White provide a sketch grading and drainage plan for the plat
area.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion.
The Committee then forwarded the item to the full Commission for final action.
SUBDIVISION COMMITTEE COMMENT: (March 16, 2016)
Mr. Joe White of White-Daters and Associates was present. Staff presented an
overview of the item stating the applicant had revised the proposed preliminary
plat to include 29-lots and 1 tract as a building site and 3 tracts to be maintained
by the Property Owners Association for access and detention in -lieu of the
previously proposed 13-lots. Staff stated there were few outstanding technical
issues associated with the request. Staff stated the plat as presented included a
variance for two (2) of the lots to allow a depth to width ratio variance. Staff
stated the development was proposed as a gated subdivision served by private
streets. Staff stated per the ordinance the Commission could approve the
request to allow the development of lots with private streets.
Public Works comments were addressed. Staff stated access to the indicated
stormwater detention facilities from the right of way was to be provided via an
access easement or within tract land. Staff stated retaining walls in excess of
four (4) feet were required to complete an engineer certification/indemnification of
retaining wall design form and the form was to be signed by a licensed engineer.
7
April 7, 2016
SUBDIVISION
ITEM NO.: G Cont. FILE NO.: S-1767
Staff questioned Mr. White if an advanced grading request to allow grading
outside the right of way or easements prior to the platting of the lots was a part of
the application request. Staff noted the street grade was indicated at 18 percent.
Staff stated per the Master Street Plan the Commission had the authority to
approve the request to allow street grades in excess of 16 percent.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. 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 comments
made at the March 16, 2016, Subdivision Committee meeting. The applicant has
adjusted the lot lines to remove the depth to width ratio variance request. The
request is for preliminary plat approval for a proposed subdivision containing
10-acres and 29-lots and 1 tract as a building site and 3 tracts to be maintained
by the Property Owners Association for access and detention. The lots will be
developed by extending Beckenham Drive from the northwest. The lots are
indicated with an average lot size of 80-feet by 150-feet with an average lot area
of 12,000 square feet. The applicant has indicated the new lots will be served by
private streets. Tract A is indicated at the entrance to the subdivision and will be
held as green space. Tract B is indicated at the end of the proposed new street
and is indicated for future access to the property to the west and Tract C is
indicated for detention. Access to each of the tracts has been included from the
proposed new street.
Section 31-207 states private streets for residential development shall be
discouraged. However, private streets may be approved by the Planning
Commission to serve isolated developments. The design standards are to
conform to public street standards as specified in the subdivision ordinance.
Private streets are permissible only in the form of culs-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. Such streets will not be
permitted where there is a possibility of through traffic or eventual connection to
another public street. It is very unlikely this street will be extended due to the
Board of Directors removing Beckenham Drive from the Master Street Plan with
the intent being there would not be a connection of the existing terminuses of
Beckenham Drive with Rahling Road or with Hinson Road.
Currently, Beckenham Drive is designed to a collector street design standard
with a 60-foot right of way and a 36-foot pavement width. Since the street is no
longer classified on the Master Street Plan as a collector street the applicant is
0
April 7, 2016
SUBDIVISION
ITEM NO.: G (Cont.
ILE NO.: S-1
proposing the extension be tapered down to a 27-foot pavement width within a
50-foot right of way. Beckenham Drive will terminate near the western property
line of this 10-acre development. 1,900 linear feet of new street is proposed
which will be gated and maintained as a private street.
The request includes a variance from the Master Street Plan to allow a minor
residential street to be constructed with a running slope of 18 percent. The
Master Street Plan states the maximum slope for a minor residential street is
16 percent but may be increased to 18 percent with approval by the Planning
Commission. Staff is supportive of the variance request.
The development is proposed in a single phase. The request includes a variance
from the City's Land Alteration Ordinance to allow advanced grading of the lots
with the installation of the basic infrastructure and/or streets. The applicant has
indicated grading will take place outside the right of way and outside the
designated easements with the placement of the retaining walls, streets, water
and sewer. Staff is supportive of the variance request.
Staff is supportive of the applicant's request to allow the subdivision of this
10-acre parcel into 29 single-family lots and 1 tract. The lots are proposed with
an average lot size of 12,000 square feet and a density of three (3) units per
acre. The lots are being developed with a variance from the Master Street Plan
to allow an increased street grade, which is permissible if approved by the
Commission. The applicant is not proposing to clear from property line to
property line but to be allowed to advanced grading outside the right of way and
easements to install the utilities and required stormwater detention facilities. To
staff's knowledge there are no remaining outstanding technical issues associated
with the request. Staff feels the development of the subdivision as proposed by
the applicant is appropriate for this site.
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 variance request from the Master Street Plan
to allow a minor residential street to be constructed with a running slope of
18 percent.
Staff recommends approval of the variance request from the City's Land
Alteration Ordinance to allow advanced grading of the lots with the installation of
the basic infrastructure and/or streets.
X
April 7, 2016
SUBDIVISION
ITEM NO.: G (Cont.
FILE NO.: S-17
PLANNING COMMISSION ACTION. (JANUARY 7, 2016)
The applicant was present. There were no registered objectors present.
Staff presented the item stating the applicant had submitted a request dated
December 18, 2015, requesting deferral of this item to the February 25, 2016, public
hearing. Staff is supportive of the deferral 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.
PLANNING COMMISSION ACTION: (FEBRUARY 25, 2016)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had not provide notice to the abutting property
owners as typically required by the Commission's By-laws. Staff presented a
recommendation of deferral of the item to the April 7, 2016, 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 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 7, 2016)
The applicant was present. There were registered objectors present. Staff presented
the item with a recommendation of approval of the request subject to compliance with
the comments and conditions as outlined in paragraphs D, E and F of the agenda staff
report. Staff presented a recommendation of approval of the variance request from the
City's Land Alteration Ordinance to allow advanced grading of the lots with the
installation of the basic infrastructure and/or streets. Staff stated the applicant had
removed from the request the allowance of an increased street grade which was a
variance from the Master Street Plan thus making it a variance from the Subdivision
Ordinance. Staff stated there were no variances associated with the proposed
preliminary plat from the subdivision ordinance. Staff stated the only variance being
requested was from the City's Land Alteration Ordinance.
Mr. Shawn Overton, Deputy City Attorney, addressed the Commission stating the
Commission had no discretion in approving the plat. He stated the Commission had no
right to deny the plat if the developer was complying with the City Ordinances. He
stated the Courts had determined that if a plat met all the technical requirements of the
various ordinances the Commission was bound to approve the plat request. He stated
this was based on Richardson vs. the City of Little Rock an Arkansas Supreme Court
ruling which ruled in favor of the developer.
10
April 7, 2016
SUBDIVISION
ITEM NO.: G (Cont.) _ FILE NO.: S-1767
Mr. Mike Childress addressed the Commission on behalf of the applicant. He stated the
request was a 29 lot and one (1) tract for the future development of single-family
homes. He stated the site was located on Beckenham Drive. He stated Beckenham
Drive would be extended to allow the development of the new homes. He stated the
property was located within the area referenced in Ordinance No. 20,689 which did not
allow for Beckenham Drive to be extended to allow a connection with Rahling or Hinson
Roads. He stated the ordinance did not preclude this property from being developed.
Mr. Dane Justice addressed the Commission in opposition of the request. He stated his
concern was drainage and runoff from this site. He stated his property was located
downhill from this property stating drainage was already a problem and with the
development of the site the drainage would become a bigger issue. He stated he felt
the intent of the Board with the adoption of Ordinance No. 20,689 was to prohibit
development of any property in the area. He stated Section 1 was very clear and it
stated no development was to occur by the extension of Beckenham Drive.
Ms. Sheila Galatowitsch addressed the Commission in opposition of the request.
She stated her home was on Dorado Beach Drive and would be greatly impacted by the
development of 30 lots as proposed. She stated she had only learned of the proposed
subdivision only five (5) days prior to the hearing. She stated notification should include
more than just the property owners which abutted the development area. She stated
there was a larger impact than just those few people. She stated traffic and safety
were the primary concerns. She stated cars traveling Dorado Beach Drive drove with
excessive speeds. She stated the City had conducted a traffic count to determine
volume and speed but the counters were placed near a stop sign. She stated there
were other locations that should be tested to determine a true test of speed in the area.
She stated the original plat included 13 lots and now the developer was requesting
30 lots. She stated the neighborhood could live with 13 lots but not the 30 as proposed.
She stated the Commission had been presented with a petition containing over
160 signatures from residents of the neighborhood that did not want the subdivision as
proposed. She stated there should be some middle ground for the neighborhood and
the developer to allow for the development of the property but to lessen the impact on
the area homeowners.
Ms. Galatowitsch questioned Mr. Overton's statement concerning the approval.
She stated there were variances associated with the plat request. Staff stated the
variance was related to the Land Alteration Ordinance and not to the subdivision plat
request. Staff stated the variance related to the plat was to allow the increased street
grade which the applicant had removed from their request and eliminated any variances
from the plat request. Staff stated the ordinances adopted by the City were the guides
used by developers to determine what was best to do on a particular project or property.
Staff stated the developer was meeting the requirements of the Subdivision Ordinance
and was not seeking any variances therefore the Commission was obligated to approve
the plat request.
11
April 7, 2016
UBDIVISION
ITEM NO.: G (Cont.
FILE NO.: S-1767
A motion was made to approve the preliminary plat request to allow the subdivision as
proposed including all staff recommendations and comments. The motion carried by a
vote of 8 ayes, 0 noes and 3 absent.
A motion was made to approve the variance request from the Land Alteration Ordinance
to allow grading outside the right of ways with the installation of the basic infrastructure.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
12