Loading...
HomeMy WebLinkAboutS-1809 Staff AnalysisApril 5, 2018 1 NAME: Breeding Addition Preliminary Plat LOCATION: Located at 7718 Henderson Road DEVELOPER: Gary Breeding 4501 Lloyd Drive Little Rock, AR 72210 OWNER/AUTHORIZED AGENT: Gary Breeding — Owner/Agent SURVEYOR/ENGINEER: Edward Lofton 15415 Oakcrest Lane Little Rock, AR 72206 AREA: 4.97-acres NUMBER OF LOTS: 3 WARD: N/A PLANNING DISTRICT: 17 — Crystal Valley CURRENT ZONING: R-2, Single-family VARIANCE/WAIVERS: FILE NO.: S-1809 FT. NEW STREET: 0 LF CENSUS TRACT: 42.21 1. A variance from Section 31-232(f) to allow the creation of a pipe stem lot (Lot 2). 2. A variance from Section 31-232 to allow an increased depth to width ratio for Lot 3. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The request is to subdivide this 4.97-acre parcel into three (3) lots to allow for the future development of two (2) additional homes. One of the lots, Lot 2, is being created as a pipe stem lot. Lot 3 is indicated with a depth to width ratio variance. Lot 2 will be provided access via a 30-foot pipe stem which includes a utility easement extending from Henderson Road. Test pits have been dug and evaluated and the soils are suitable for a subsurface septic system on Lot 1. April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont.) _ _ FILE NO.: S-1809 A subsurface sewage disposal system has been approved for Lot 2 by the Arkansas Department of Health. Lot 3 has an existing residence with a subsurface septic system in place. B. EXISTING CONDITIONS: The property is located outside the city limits of the City of Little Rock but within the City's Extraterritorial Planning Jurisdiction. The area is predominately single- family homes on large tracts and acreage. Henderson Road is a narrow road constructed of chip and seal asphalt. The roadway has no sidewalks in place and open ditches for drainage. There is an area of C-1, Neighborhood Commercial District zoning to the northwest along Raines Road. There is an area of AF, Agriculture and Forestry zoned property to the south of this site. The Planning Commission approved a Conditional Use Permit request at their April 25, 1996, public hearing to allow the placement of a manufactured home on this site for a period of five (5) years for an aging parent of the previous property owner. Also located in the area (8210 Henderson Road) is a property zoned PD-O, Planned Development Office, which was approved for a law office in April 1999. The approval allowed the conversion of a single-family residence into an office use. The approval was limited to the McHenry Law firm and when the McHenry Law firm no longer used the property as their law office or the property was sold the structure was to revert back to a single-family residence. C. NEIGHBORHOOD COMMENTS: All abutting property owners along with Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Henderson Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25-feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Henderson Road including 5-foot sidewalks with the planned development. The new back of curb should be placed 26-feet from the centerline of the street. FA April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont-) FILE NO.: S-1809 3. 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. E. Utilities/Fire DepartmentlParks/County Planning: Little Rock Water Reclamation Authority: Outside the service boundary. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. A single phase overhead electrical power line runs along the west side of Henderson Road at this location. Easement locations and widths for the power lines will be discussed as the properties develop. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Enemy: No comment received. AT & T: No comment received. Central Arkansas Water: A utility easement will not suffice for water service to Lot 2. Lot 2 should own a 10-foot strip of land to the main on Henderson Road along the south line of Lot 1. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: 1. Obtain septic permit from the Arkansas Department of Health for any undeveloped lots prior to requesting a 911 address. 2. Pay $10.00 review fee. 3. Record plat at the Pulaski County Clerk's office within one-year of the date of execution or the plat is null and void. F. Building Codes/Landscape: Building Code: No comment. Landscape: No comment. K April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont. G. Transportation/Planning: FILE NO.: S-1809 Rock Region Metro: The site is not located on a dedicated Rock Region Metro route. Planninci Division: No comment. H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018) The applicant was not present. Staff presented an overview of the item stating there were few outstanding technical issues in need of addressing related to the site plan. Staff stated they would work with the applicant to secure the additional information necessary to complete the review process. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the technical issues raised by staff at the March 14, 2018, Subdivision Committee meeting. To address Central Arkansas Water's concern the plat now indicates Lot 2 as a pipe stem lot. The plat also indicates right of way dedication on Henderson Road per the Master Street Plan or 25-feet from centerline. The request is to subdivide this 4.97-acre parcel into three (3) lots and to allow the future development of two (2) additional homes on the site. There is an existing home located on Lot 3. There are variances associated with the request with regard to the lot depth to width ratio and the creation of a pipe stem lot. Lot 2 is being created as a pipe stem lot. Lot 3 is indicated with a depth to width ratio variance. Section 31-232 of the subdivision ordinance states pipe stem lots shall be prohibited in residential subdivisions. The ordinance further defines the criteria for creating a pipe stem lot in Section 31-2. Lot 2 will be provided access via a 30-foot pipe stem which includes a utility easement extending from Henderson Road. The ordinance defines a pipe stem lot as a tract of land which is served for access, legally and physically by a narrow strip of land less than the ordinance required minimum lot width. The body of a pipe stem lot is typically an elongated figure or a polygon capturing a difficult building site behind another lot. For purposes of a variance of subdivision design for a pipe stem lot the following minimum dimensions will control: The minimum width of the stem at the streel right-of-way shall be thirty (30) feet. The maximum depth of a pipe stem lot, including the stem shall be limited to three hundred (300) feet. The minimum width of the lot body shall be sixty (60) feet. The minimum lot area shall be ten 4 April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont. FILE NO.: S-1809 thousand (10,000) square feet. With the creation of the pipe stem lot the width of the pipe stem at the street right of way is not being met. Also the depth of the lot for proposed Lot 2 exceeds the 300-foot typical maximum depth allowance. The request includes a variance from Section 31-232 to allow an increased lot depth to width ratio for Lot 3. The Subdivision Ordinance states no residential lot shall be more than three (3) times as deep as it is wide, except lots approved under paragraph (g) or zero lot line lots in the R-2, Single-family R-3, Single-family, Planned Residential Development (PRD) and Planned Development Residential (PD-R) zoning districts. The ordinance states no lot except lots designated for townhouse use shall average less than one hundred (100) feet in depth. The lot width is to be measured at the building line except in the case of a lot abutting a cul-de-sac where the average width of the lot is to be used. The lot is indicated with a depth of 740-feet and a lot width at the building line of 200-feet. Section 31-400 states for residential lots or development tracts not served by a public or community sanitary sewerage system whose disposal is approved by the state department of pollution control and ecology, the subdivider shall submit documentation with submission of the preliminary plat that the state department of health, or its delegated authority, will approve septic tank installations, or other individual wastewater disposal methods for service to the subdivision proposed to be platted. The applicant notes test pits have been dug and evaluated and the soils are suitable for a subsurface septic system on Lot 1. At the time a new home is proposed for Lot 1 the applicant will seek approval from the Arkansas Department of Health for the installation of the sewerage disposal system. A subsurface sewage disposal system has been approved for Lot 2 by the Arkansas Department of Health. Lot 3 has an existing residence with a subsurface septic system in place. Also per the ordinance, Section 31-400, the subdivider shall either install the improvements referred to this section, or whenever a septic tank and absorption system or private water supply is to be provided, require as a condition in the bill of assurance of the subdivision, that those facilities shall be installed by the builders of the improvements of the lots in accordance with this section. The applicant notes this statement will be included in the bill of assurance. Staff is supportive of the applicant's request. The applicant is seeking approval to allow the creation of three (3) lots which would allow the placement of two (2) additional homes on the property. The lots are indicated with adequate area to allow for septic systems to serve the new homes. Although there are variances associated with the request staff does not feel the creation of the pipe stem lot and/or the variance request to allow a depth to width ratio for Lot 3 will 5 April 5, 2018 SUBDIVISION ITEM NO.: 1 _(Cont.) _ FILE NO.: S-1809 significantly impact the new lots and future homes. To staff's knowledge there are no remaining outstanding technical issues associated with the request. J. 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 Section 31-232(f) to allow the creation of a pipe stem lot. Staff recommends approval of the variance request from Section 31-232 to allow an increased depth to width ratio for Lot 3. PLANNING COMMISSION ACTION: (APRIL 5, 2018) Mr. Ed Lofton was present representing the request. There were two (2) 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 Section 31-232(f) to allow the creation of a pipe stem lot. Staff presented a recommendation of approval of the variance request from Section 31-232 to allow an increased depth to width ratio for Lot 3. Mr. Lofton stated he would yield his time to the opposition to allow him to address the concerns. Mr. Robert McHenry addressed the Commission in opposition of the request. He stated he was speaking for four (4) property owners in the area, all of which were opposed to the request. He stated there were concerns of the wastewater treatment and the affluent and the potential for leaching into an adjacent pond. He stated he was concerned with setting precedent for the small lot development in the area. He stated he was concerned with the potential impact of the development on traffic in the area. He stated he was also concerned with the future residents of the lots and their shooting range they had installed on their property. He stated once the lots were subdivided and a home built there would be little area left for the shooting range. He stated he understood rights but he was concerned the bullets would stray. He stated his family had horses on the adjacent property and did not want his animals hurt. He stated the property was not zoned for a shooting range. He questioned distances form homes and property required for a shooting range. He questioned if the new lots would drill wells or connect to Central Arkansas Water. He stated the water line was put in place via an 1.1 April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1809 improvement district. He questioned if the new property owners were willing to pay for their share of the line. Ms. Donna McHenry addressed the Commission in opposition of the request. She stated their property was to the south and west of this site. She stated she rode horses in the adjacent field and the shooting was a big concern. She stated it was difficult to tell where the bullets were traveling. She stated she was also concerned with the sewage and the potential impact on the adjacent pond. She stated staff stated there were approvals from the Health Department but the area residents had not seen any of the approvals. Ms. Heidi Theroux addressed the Commission in opposition of the request. She stated her concern was for her animals as well as the potential impact of the small lots on the area property values. She stated with the additional lots traffic would increase. She stated her concern was the detriment on property values with the new lots. Ms. Janette Goss addressed the Commission in opposition of the request. She stated she lived within a block of the proposed subdivision. She stated her concerns were similar to the previous speakers. She stated Henderson Road was a quiet rural road. She stated there were a number of small children in the area and the residents walked the road for exercise. She stated she had owned her property for 20-plus years. She stated at the time they bought their property they were told the area was located in the City's Planning Jurisdiction but there was a limit on the lot sizes allowed. She stated she was told a minimum lot size of five (5) acres was required for any new homes in the area. Mr. Lofton stated there were a number of item discussed and he would try to address each of them. He stated the Health Department had approved a septic system for Lot 2. He stated the test pits were dug for Lot 1 but since no new home was proposed on Lot 1 he did not seek a septic permit for Lot 1. He stated the Health Department required a minimum setback from ponds of 100-feet. He stated the plat as proposed met this requirement. He stated the two (2) additional homes would not generate a great deal of traffic. He stated the new lots would connect to Central Arkansas Water for water service. He stated he could not address the shooting range comments. Commissioner Laha questioned detention. Mr. Lofton stated staff did not request information concerning detention. There was a general discussion concerning the plat, the bill of assurance of the new homes which would be built on the lots. Staff stated the new home construction was not an issue for the Commission to consider. Staff stated if the homes were not site built homes there would be a public review process to allow the homes to be placed on the lots either through a Conditional Use Permit or a rezoning depending on the housing type. 7 April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1809 A motion was made to approve the request including all staff recommendations and comments. The motion failed by a vote of 5 ayes, 6 noes and 0 absent. 1.1 ITEM NO.: 1, NAME: Breeding Addition Preliminary Plat LOCATION: located at 7718 Henderson Road Planninq Staff Comments: S-1809 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 March 21, 2018. The Office of Planning and Development must receive the proof of notice no later than March 30, 2018. 2. Provide a letter from the area volunteer fire department indicating their knowledge of the project and their ability to serve the new lots. 3. Provide a letter from Central Arkansas Water indicating if a water main extension will be required and if the new lots (Lot 2) will require the placement of a fire hydrant. Variance/Waivers: 1. A variance from Section 31-231 to allow the creation of lots without public street frontage. 2. A variance from Section 31-232(b) to allow Lot 3 to be created with a depth to width ratio variance. Engineering Comments: Public Works Conditions: 1. Henderson Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25-feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Henderson Road including 5-foot sidewalks with the planned development. The new back of curb should be placed 26-feet from the centerline of the street. 3. 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. Utilities/Fire Department/Parks/County Planning: Little Rock Water Reclamation Authoritv: Outside the service boundary. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. A single phase overhead electrical power line runs along the west side of Henderson Road at this location. Easement locations and widths for the power lines will be discussed as the properties develop. Contact Entergy in advance ITEM NO.: 1. S-1809 to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No comment received. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: 1. Obtain septic permit from the Arkansas Department of Health for any undeveloped lots prior to requesting a 911 address. 2. Pay $10.00 review fee. 3. Record plat at the Pulaski County Clerk's office within one-year of the date of execution or the plat is null and void. Building Codes/Landscape: Building Code: No comment. Landscape: No comment. Transportation/Planning: Rock Region Metro: The site is not located on a dedicated Rock Region Metro route. Planning Division: 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 21, 2018. April 5, 2018 ITEM NO.: 1 FILE NO.: S-1809 NAME: Breeding Addition Preliminary Plat LOCATION: Located at 7718 Henderson Road DEVELOPER: Gary Breeding 4501 Lloyd Drive Little Rock, AR 72210 OWNER/AUTHORIZED AGENT: Gary Breeding — Owner/Agent SURVEYOR/ENGINEER: Edward Lofton 15415 Oakcrest Lane Little Rock, AR 72206 AREA: 4.97-acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 17 — Crystal Valley CENSUS TRACT: 42.21 CURRENT ZONING: R-2, Single-family VARIANCE/WAIVERS: 1. A variance from Section 31-232(f) to allow the creation of a pipe stem lot (Lot 2). 2. A variance from Section 31-232 to allow an increased depth to width ratio for Lot 3. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The request is to subdivide this 4.97-acre parcel into three (3) lots to allow for the future development of two (2) additional homes. One of the lots, Lot 2, is being created as a pipe stem lot. Lot 3 is indicated with a depth to width ratio variance. Lot 2 will be provided access via a 30-foot pipe stem which includes a utility easement extending from Henderson Road. Test pits have been dug and evaluated and the soils are suitable for a subsurface septic system on Lot 1. April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1809 A subsurface sewage disposal system has been approved for Lot 2 by the Arkansas Department of Health. Lot 3 has an existing residence with a subsurface septic system in place. B. EXISTING CONDITIONS: The property is located outside the city limits of the City of Little Rock but within the City's Extraterritorial Planning Jurisdiction. The area is predominately single- family homes on large tracts and acreage. Henderson Road is a narrow road constructed of chip and seal asphalt. The roadway has no sidewalks in place and open ditches for drainage. There is an area of C-1, Neighborhood Commercial District zoning to the northwest along Raines Road. There is an area of AF, Agriculture and Forestry zoned property to the south of this site. The Planning Commission approved a Conditional Use Permit request at their April 25, 1996, public hearing to allow the placement of a manufactured home on this site for a period of five (5) years for an aging parent of the previous property owner. Also located in the area (8210 Henderson Road) is a property zoned PD-O, Planned Development Office, which was approved for a law office in April 1999. The approval allowed the conversion of a single-family residence into an office use. The approval was limited to the McHenry Law firm and when the McHenry Law firm no longer used the property as their law office or the property was sold the structure was to revert back to a single-family residence. C. NEIGHBORHOOD COMMENTS: All abutting property owners along with Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Henderson Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25-feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Henderson Road including 5-foot sidewalks with the planned development. The new back of curb should be placed 26-feet from the centerline of the street. 2 April 5, 2018 SUBDIVISION ITEM NO.: 1 Cont. FILE NO.: S-1809 3. 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. E. Utilities/Fire Department/Parks/Coup Planning: Little Rock Water Reclamation Authority: Outside the service boundary. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. A single phase overhead electrical power line runs along the west side of Henderson Road at this location. Easement locations and widths for the power lines will be discussed as the properties develop. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A utility easement will not suffice for water service to Lot 2. Lot 2 should own a 10-foot strip of land to the main on Henderson Road along the south line of Lot 1. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: 1. Obtain septic permit from the Arkansas Department of Health for any undeveloped lots prior to requesting a 911 address. 2. Pay $10.00 review fee. 3. Record plat at the Pulaski County Clerk's office within one-year of the date of execution or the plat is null and void. F. Building Codes/Landscape: Building Code: No comment. Landscape: No comment- 3 April 5, 2018 SUBDIVISION ITEM NO.: 1(Cont.)FILE NO.: S-1809 G. Transportation/Planning: Rock Region Metro: The site is not located on a dedicated Rock Region Metro route. Planning Division: No comment. H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018) The applicant was not present. Staff presented an overview of the item stating there were few outstanding technical issues in need of addressing related to the site plan. Staff stated they would work with the applicant to secure the additional information necessary to complete the review process. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. ANALYSIS, The applicant submitted a revised preliminary plat to staff addressing the technical issues raised by staff at the March 14, 2018, Subdivision Committee meeting. To address Central Arkansas Water's concern the plat now indicates Lot 2 as a pipe stem lot. The plat also indicates right of way dedication on Henderson Road per the Master Street Plan or 25-feet from centerline. The request is to subdivide this 4.97-acre parcel into three (3) lots and to allow the future development of two (2) additional homes on the site. There is an existing home located on Lot 3. There are variances associated with the request with regard to the lot depth to width ratio and the creation of a pipe stem lot. Lot 2 is being created as a pipe stem lot. Lot 3 is indicated with a depth to width ratio variance. Section 31-232 of the subdivision ordinance states pipe stem lots shall be prohibited in residential subdivisions. The ordinance further defines the criteria for creating a pipe stem lot in Section 31-2. Lot 2 will be provided access via a 30-foot pipe stem which includes a utility easement extending from Henderson Road. The ordinance defines a pipe stem lot as a tract of land which is served for access, legally and physically by a narrow strip of land less than the ordinance required minimum lot width. The body of a pipe stem lot is typically an elongated figure or a polygon capturing a difficult building site behind another lot. For purposes of a variance of subdivision design for a pipe stem lot the following minimum dimensions will control: The minimum width of the stem at the street right-of-way shall be thirty (30) feet. The maximum depth of a pipe stem lot, including the stem shall be limited to three hundred (300) feet. The minimum width of the lot body shall be sixty (60) feet. The minimum lot area shall be ten 4 April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont. FILE NO.: S-1809 thousand (10,000) square feet. With the creation of the pipe stem lot the width of the pipe stem at the street right of way is not being met. Also the depth of the lot for proposed Lot 2 exceeds the 300-foot typical maximum depth allowance. The request includes a variance from Section 31-232 to allow an increased lot depth to width ratio for Lot 3. The Subdivision Ordinance states no residential lot shall be more than three (3) times as deep as it is wide, except lots approved under paragraph (g) or zero lot line lots in the R-2, Single-family R-3, Single-family, Planned Residential Development (PRD) and Planned Development Residential (PD-R) zoning districts. The ordinance states no lot except lots designated for townhouse use shall average less than one hundred (100) feet in depth. The lot width is to be measured at the building line except in the case of a lot abutting a cul-de-sac where the average width of the lot is to be used. The lot is indicated with a depth of 740-feet and a lot width at the building line of 200-feet. Section 31-400 states for residential lots or development tracts not served by a public or community sanitary sewerage system whose disposal is approved by the state department of pollution control and ecology, the subdivider shall submit documentation with submission of the preliminary plat that the state department of health, or its delegated authority, will approve septic tank installations, or other individual wastewater disposal methods for service to the subdivision proposed to be platted. The applicant notes test pits have been dug and evaluated and the soils are suitable for a subsurface septic system on Lot 1. At the time a new home is proposed for Lot 1 the applicant will seek approval from the Arkansas Department of Health for the installation of the sewerage disposal system. A subsurface sewage disposal system has been approved for Lot 2 by the Arkansas Department of Health. Lot 3 has an existing residence with a subsurface septic system in place. Also per the ordinance, Section 31-400, the subdivider shall either install the improvements referred to this section, or whenever a septic tank and absorption system or private water supply is to be provided, require as a condition in the bill of assurance of the subdivision, that those facilities shall be installed by the builders of the improvements of the lots in accordance with this section. The applicant notes this statement will be included in the bill of assurance. Staff is supportive of the applicant's request. The applicant is seeking approval to allow the creation of three (3) lots which would allow the placement of two (2) additional homes on the property. The lots are indicated with adequate area to allow for septic systems to serve the new homes. Although there are variances associated with the request staff does not feel the creation of the pipe stem lot and/or the variance request to allow a depth to width ratio for Lot 3 will 5 April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont. FILE NO.: S-1809 significantly impact the new lots and future homes. To staff's knowledge there are no remaining outstanding technical issues associated with the request. J. 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 Section 31-232(f) to allow the creation of a pipe stem lot. Staff recommends approval of the variance request from Section 31-232 to allow an increased depth to width ratio for Lot 3. PLANNING COMMISSION ACTION: (APRIL 5, 2018) Mr. Ed Lofton was present representing the request. There were two (2) 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 Section 31-232(f) to allow the creation of a pipe stem lot. Staff presented a recommendation of approval of the variance request from Section 31-232 to allow an increased depth to width ratio for Lot 3. Mr. Lofton stated he would yield his time to the opposition to allow him to address the concerns. Mr. Robert McHenry addressed the Commission in opposition of the request. He stated he was speaking for four (4) property owners in the area, all of which were opposed to the request. He stated there were concerns of the wastewater treatment and the affluent and the potential for leaching into an adjacent pond. He stated he was concerned with setting precedent for the small lot development in the area. He stated he was concerned with the potential impact of the development on traffic in the area. He stated he was also concerned with the future residents of the lots and their shooting range they had installed on their property. He stated once the lots were subdivided and a home built there would be little area left for the shooting range. He stated he understood rights but he was concerned the bullets would stray. He stated his family had horses on the adjacent property and did not want his animals hurt. He stated the property was not zoned for a shooting range. He questioned distances form homes and property required for a shooting range. He questioned if the new lots would drill wells or connect to Central Arkansas Water. He stated the water line was put in place via an L•� April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1809 improvement district. He questioned if the new property owners were willing to pay for their share of the line. Ms. Donna McHenry addressed the Commission in opposition of the request. She stated their property was to the south and west of this site. She stated she rode horses in the adjacent field and the shooting was a big concern. She stated it was difficult to tell where the bullets were traveling. She stated she was also concerned with the sewage and the potential impact on the adjacent pond. She stated staff stated there were approvals from the Health Department but the area residents had not seen any of the approvals. Ms. Heidi Theroux addressed the Commission in opposition of the request. She stated her concern was for her animals as well as the potential impact of the small lots on the area property values. She stated with the additional lots traffic would increase. She stated her concern was the detriment on property values with the new lots. Ms. Janette Goss addressed the Commission in opposition of the request. She stated she lived within a block of the proposed subdivision. She stated her concerns were similar to the previous speakers. She stated Henderson Road was a quiet rural road. She stated there were a number of small children in the area and the residents walked the road for exercise. She stated she had owned her property for 20-plus years. She stated at the time they bought their property they were told the area was located in the City's Planning Jurisdiction but there was a limit on the lot sizes allowed. She stated she was told a minimum lot size of five (5) acres was required for any new homes in the area. Mr. Lofton stated there were a number of item discussed and he would try to address each of them. He stated the Health Department had approved a septic system for Lot 2. He stated the test pits were dug for Lot 1 but since no new home was proposed on Lot 1 he did not seek a septic permit for Lot 1. He stated the Health Department required a minimum setback from ponds of 100-feet. He stated the plat as proposed met this requirement. He stated the two (2) additional homes would not generate a great deal of traffic. He stated the new lots would connect to Central Arkansas Water for water service. He stated he could not address the shooting range comments. Commissioner Laha questioned detention. Mr. Lofton stated staff did not request information concerning detention. There was a general discussion concerning the plat, the bill of assurance of the new homes which would be built on the lots. Staff stated the new home construction was not an issue for the Commission to consider. Staff stated if the homes were not site built homes there would be a public review process to allow the homes to be placed on the lots either through a Conditional Use Permit or a rezoning depending on the housing type. 7 April 5, 2018 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: 5-18 A motion was made to approve the request including all staff recommendations and comments. The motion failed by a vote of 5 ayes, 6 noes and 0 absent. DI