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HomeMy WebLinkAboutS-1809-B Staff AnalysisFebruary 20, 2020 ITEM NO.: A NAME: Breeding Addition Preliminary Plat LOCATION: 7719 Henderson Road DEVELOPER: Gary and Debbie Breeding 4501 Lloyd Drive Little Rock, AR 72210 501-766-2500 OWNER/AUTHORIZED AGENT: Gary and Debbie Breeding/Owner SURVEYOR/ENGINEER: Edward Lofton 15415 Oakcrest Lane Little Rock, AR 72206 AREA: 4.97 -acres NUMBER OF LOTS: 2 WARD: N/A PLANNING DISTRICT: 17 CURRENT ZONING: R-2 Single -Family VARIANCEMAIVERS: File No. S-1809-B FT. NEW STREET: 0-LF CENSUS TRACT: 42.21 1. Allow lot depth greater than three times lot width BACKGROUND: On April 5, 2018, the Little Rock Planning Commission denied a request to allow the subdivision of this 4.97-acre parcel into three lots. The applicant indicated the subdivision was requested to allow for the future development of two additional home sites. Lot 2 was requested as a pipe stem lot. Lot 3 was indicated with a depth to width ratio variance. Lot 2 was proposed with a 30-foot pipe stem which included a utility easement extending from Henderson Road. Test pits were dug and evaluated. The soils were found to be February 9, 2020 SUBDIVISION ITEM NO.: A File No. S-1809-B 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 vicinity at 8210 Henderson Road is a property zoned PD-O, Planned Development Office. When approved in 1999, it allowed the conversion of a single-family residence into an office use. The approval was limited to the McHenry Law firm and should the firm no longer use the property as their law office or the property were sold, the use of the structure would revert to a single-family residence. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comments from area property owners or neighborhood associations. Notice of the public hearing was sent to all owners of properties abutting the site. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Henderson Road is classified on the Master Street Plan as a minor residential street. A dedication of right-of-way 25-feet from centerline will be required. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Outside Service Boundary —No comment. Entergy: Entergy does not object to this proposal. There does not appear to be any conflicts with existing electrical utilities at this location. 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 R. T- 3 February 9, 2020 SUBDIVISION ITEM NO.: A File No. S-1809-B Planning staff requested a letter from the area volunteer fire department acknowledging the proposed subdivision and ability to provide service to any new development on the site. Public Works acknowledged the requirement for the 25-foot right-of-way dedication for Henderson Road was shown on the plat. The Pulaski County Planning comments were also noted. The applicant was advised responses to staff issues were required by December 18, 2019. The committee forwarded the item to the full commission. ANALYSIS: There were no technical issues to be addressed after the subdivision committee meeting. /1ov The request is for plat approval to allow the subdivision of the parcel(two lots. The larger lot, shown as Lot 1, would be 3.83-acres. Lot 2 is smaller and would contain 1.14-acres olf land. Lot 1 would include the existing residence. This lot requires a variance from Section 31-232 of the Subdivision Ordinance to allow an increased depth to width ratio greater than three times as deep as it is wide. The existing residence on Lot 1 has a subsurface septic system. According to the applicant, should the existing system fail, the Arkansas Department of Health has approved an alternative system. The applicant has stated a test pit has been excavated on Lot 2 and the soil has been found suitable for a subsurface septic system. STAFF RECOMMENDATION: Staff recommends approval of the proposed plat and variance to allow Lot 1 to have a depth more than three times the width subject to compliance with the comments and conditions outlined in paragraphs D, E and F and the staff analysis in the agenda staff report. 5 January 9, 2020 ITEM NO.: 2 FILE NO.: 5-1809-B NAME: Rrearlinn Aririitinn Preliminnni Pint �J ! LOC:A i ION: 7718 Henderson Road nFVFi nPFR- Gary and Debbie Breeding 4501 Lloyd Drive Little Rock, AR 72210 501-766-2500 OWN ERIAUTHURIZED AGENT-. Gary and Debbie Breeding/Owner SURVEYOR/ENGINEER: 15415 Oakcrest Lane :111_ r1__1, AF-I -7nnnn LILL1e Rock, INM IGGUU AREA- 4.97 acres WARD- N/A CURRENT ZONING VARIANCE/WAIVERS: NUMBER OF LOTS: 2 PLANNING DISTRICT* 17 R-2 Single -Family 4. Allow lot depth greater than three times lot width - BACKGROUND: FT. NEW STREET: 0 LF CENSUS TRACT: 42.21 On April 5, 2018, the Little Rock Planning Commission denied a request to allow the subdivision of this 4.97-acre parcel into three lots. The applicant indicated the subdivision was requested to allow for the future development of two additional home sites. Lot 2 was requested as a pipe stem lot. Lot 3 was indicated with a depth to width ratio variance. Lot 2 was proposed with a 30-foot pipe stem which included a utility easement extending from Henderson Road. Test pits were dug and evaluated. The soils were found to be suitable for a subsurface septic system on Lot 1. A subsurface sewage disposal system January 9, 2020 SUBDIVISION ITEM NO.: 2 Cont. FILE NO.: S-1809-B had been approved for Lot 2 by the Arkansas Department of Health. The residence located on Lot 3 had a subsurface septic system in operation. On June 28, 2018, the planning commission denied another proposed subdivision plat for the property. The plat proposed to subdivide the property into two lots containing 2.26-acres and 2.71-acres. The applicant also requested a variance from the City's Subdivision Ordinance, Section 31-232, to allow an increased depth to width ratio for the proposed lots. The lot designated as Lot 1 contained the existing residence. Lot 2 was approved by the Arkansas Department of Health for the installation of a subsurface sewage disposal system. This denial was appealed to the Board of Directors. A public hearing was held on November 5, 2018. The proposed plat was presented, and it was stated the existing lot configuration had the shorter side facing Henderson Road and each new lot would have in excess of 150-feet of width and more than 100,000 square feet in area. Those opposed to the plat suggested if this lot split were approved, other properties in the vicinity were also likely to be requested to be subdivided and would lead to increased traffic in the area. Concerns were also raised about a gun range that had recently been set up on the property. The appeal was considered denied by the Board of Directors due to the lack of a motion. A. PROPOSAUREQUEST/APPLICANT-S STATEMENT: A two -lot addition is proposed at 7718 Henderson Road. A test pit has been dug and evaluated showing the soil is suitable for a subsurface septic system on Lot 1. Lot 2 contains a residence with a subsurface septic system. An alternative system, should the existing system fail, has been approved by the Arkansas Health Department for Lot 2. B. EXISTING CONDITIONS: Situated west of Henderson Road, the combined acreage of the property is approximately 4.97-acres. A residence has been constructed in the southeast portion of the parcel. The property is located outside the city limits and within the City's Extraterritorial Planning Jurisdiction. The area is predominately single-family homes on larger 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. To the northwest along Raines Road is an area zoned C-1, Neighborhood Commercial District. An area of AF, Agriculture and Forestry zoned property is situated to the south of this site. The Planning Commission approved a Conditional 2 January 9, 2020 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1309-B 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 nrevini is nrnnerty, owner_ Also located in the vicinity at 8210 Henderson Road is a property zoned ; �D-U, Planned Development Office. When approved in 1999, it allowed the conversion of a single-family residence into an office use. The approval was limited to the McHenry Lave firm and should the firm no longer use the property as their law office or the property were sold, the use of the structure would revert to a single-family residence. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comments from area property owners or neighborhood associations. Notice of the public hearing was sent to all owners of properties abutting the site. D. ENGINEERING COMMENTS. - PUBLIC WORKS CONDITIONS: Henderson Road is classified on the Master Street Plan as a minor residential street. A dedication of right-of-way 25-feet from centerline will be required. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY (PLANNING: Little Rock Water Reclamation Authority: Outside Service Boundary — No comment. Entergy: Entergy does not object to this proposal. There does not appear to be any conflicts with existing electrical utilities at this location. 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. 3 January 9, 2020 SUBDIVISION ITEM NO.: 2 Cont. FILE NO.: S-1809-B Central Arkansas Water: No Objections, All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: 1. Provide a Bill of Assurance for the subdivision. 2. Provide a perc test for any undeveloped lots. 3. A driveway permit must be obtained from Pulaski County Road and Bridge for all new driveways. F. BUILDING CODES/LANDSCAPE Building Code: No comment. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comment received. Planning Division: No comment. H. SUBDIVISION COMMITTEE COMMENT: December 11, 2019 The applicant was present. Staff presented the item to the committee. Planning staff requested a letter from the area volunteer fire department acknowledging the proposed subdivision and ability to provide service to any new development on the site. Public Works acknowledged the requirement for the 25-foot right-of-way dedication for Henderson Road was shown on the plat. The Pulaski County Planning comments were also noted. The applicant was advised responses to staff issues were required by December 18, 2019. 4 January 9, 2020 SUBDIVISION ITEM NO.: 2 Cont. FILE NOJ- 5-1809-ER The committee forwarded the item to the full commission ANALYSIS - There were no technical issues to be addressed after the subdivision committee meeting. The request is for plat approval to allow the subdivision of the parcel two lots. The smaller lot, denoted as Lot 1, would contain 1.14-acres and the larger lot would have 3.83-acres of land area. The larger lot, shown on the plat as Lot 2, would include the developed residence. This lot would also require a variance from Section 31-232 of the Subdivision Ordinance to allow an increased depth to width ratin mnrc than thn-P timQS aS rippn a$ it IS wlriP• As noted, Lot 2 contains the existing residence served by a subsurface septic system. According to the applicant, should the existing system fail, the Arkansas Department of Health has approved an alternative system Toe appll-capt has._stated a. test. pit .has. been. -dug on Lot 1. and the soil- has been- found suitable for a subsurface septic system. J. STAFF RECOMMENDATION: oa .0 a i i ai. i plat r a n .,,, Lot a. O Lail IC1+o Ii i e ids approval of the proposed pplat and variance o anvvv Lot i w have a depth more than three 'times the width subject to compliance with the comments and conditions outlined in paragraphs D, E and F and the staff analysis in the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 9, 2020) The applicant was present. There were several registered objectors present. Staff informed the commission an error in the staff report had been discovered and at the advice of the City Attorney was requesting the item to be deferred to the February 20, 2020 meeting. There was no further discussion. The item was placed on the consent agenda and the item was deferred to the February 20, 2020 meeting. The vote was 10 ayes, 0 noes, and 1 absent. 5 February 20, 2020 ITEM NO.: A NAME: Breeding Addition Preliminary Plat LOCATION: 7718 Henderson Road np\/pI nD�D Gary and Debbie Breeding 4501 Lloyd Drive Little Rock, AR 72210 501-766-2500 OWNER/AUTHORIZED AGENT: Gary and Debbie Breeding/Owner SURVEYOR/ENGINEER: Edward Lofton 15415 Oakcrest Lane Little Rock, AR 72206 AREA: 4.97 acres WARD: N/A CURRENT ZONING VARIANCE/WAIVERS: NUMBER OF LOTS: 2 CENSUS TRACT: 42.21 R-2 Single -Family 1. Allow lot depth greater than three times lot width. BACKGROUND: FILE NO.: S-1809- FT. NEW STREET: 0 LF PLANNING DISTRICT: 17 On April 5, 2018, the Little Rock Planning Commission denied a request to allow the subdivision of this 4.97-acre parcel into three lots. The applicant indicated the subdivision was requested to allow for the future development of two additional home sites. Lot 2 was requested as a pipe stem lot. Lot 3 was indicated with a depth to width ratio variance. Lot 2 was proposed with a 30-foot pipe stem which included a utility easement extending February 20, 2020 SUBDIVISION TEM NO_: A FILE NO.: 5-1809-8 from Henderson Road. Test pits were dug and evaluated. The soils were found to be suitable for a subsurface septic system on Lot 1. A subsurface sewage disposal system had been approved for Lot 2 by the Arkansas Department of Health. The residence located on Lot 3 had a subsurface septic system in operation. ❑n June 28, 2018, the planning commission denied another proposed subdivision plat for the property. The plat proposed to subdivide the property into two lots containing 2.26-acres and 2.71-acres, The applicant also requested a variance from the City's Subdivision Ordinance, Section 31-232, to allow an increased depth to width ratio for the proposed lots. The lot designated as Lot 1 contained the existing residence. Lot 2 was approved by the Arkansas Department of Health for the installation of a subsurface sewage disposal system. This denial was appealed to the Board of Directors. A public hearing was held on November 5, 2018. The proposed plat was presented, and it was stated the existing lot configuration had the shorter side facing Henderson Road and each new lot would have in excess of 150-feet of width and more than 100,000 square feet in area. Those oppo5ed to the plat suggested if this lot split were approved, other properties in the vicinity were also likely to be requested to be subdivided and would lead to increased traffic in the area, Concerns were also raised about a gun range that had recently been set up on the property. The appeal was considered denied by the Board of Directors due to the lack of a motion. A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT; A two -lot addition is proposed at 7718 Henderson Road. A test pit has been dug and evaluated showing the soil is suitable for a subsurface septic system on the proposed Lot 2. Lot 1 contains a residence with a subsurface septic system. An alternative system, should the existing system fail, has been approved by the Arkansas Health Department for Lot 1. B. EXISTING CONDITIONS: Situated west of Henderson Road, the combined acreage of the property is approximately 4.97-acres. A residence has been constructed in the southeast portion of the parcel. The property is located outside the city limits and within the City's Extraterritorial Planning Jurisdiction. The area is predominately single-family homes on larger 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. 2 February 20, 2020 SUBDIVISION ITEM NO.: A Cont. FILE NO.: S-1809-B To the northwest along Raines Road is an area zoned C-1, Neighborhood Commercial District. An area of AF, Agriculture and Forestry zoned property is situated 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 vicinity at 8210 Henderson Road is a property zoned PD-O, Planned Development Office. When approved in 1999, it allowed the conversion of a single-family residence into an office use. The approval was limited to the McHenry Law firm and should the firm no longer use the property as their law office or the property were sold, the use of the structure would revert to a single-family residence. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comments from area property owners or neighborhood associations. Notice of the public hearing was sent to all owners of properties abutting the site. D. ENGINEERING COMMENTS - PUB _IC WORKS CONDITIONS: Henderson Road is classified on the Master Street Plan as a minor residential street. A dedication of right-of-way 25-feet from centerline will be required. E. UTILITIESIFIRE ❑EPARTMENTIPARKSICOUNTY PLANNING. Little Rock Water Reclamation Authority: Outside Service Boundary - No comment. Entergy: Entergy does not object to this proposal. There does not appear to be any conflicts with existing electrical utilities at this location. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. CenterPoint Ener. No comment received. AT & T: No comment received. 3 February 20, 2020 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: 5-1809-B Central Arkansas Water: No Objections; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comment. Parks and Recreation: No comment received. Cow Planning: Provide a Bill of Assurance for the subdivision. Provide a perc test for any undeveloped lots. A driveway permit must be obtained from Pulaski County Road and Bridge for all new driveways. F. BUILDING CODES/LANDSCAPE: Building Code: No comment. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comment received. Planning Division: No comment. H. SUBDIVISION COMMITTEE COMMENT: December 11, 2019 The applicant was present. Staff presented the item to the committee. Planning staff requested a letter from the area volunteer fire department acknowledging the proposed subdivision and ability to provide service to any new development on the site. Public Works acknowledged the requirement for the 25-foot right-of-way dedication for Henderson Road was shown on the plat. The Pulaski County Planning comments were also noted. The applicant was advised responses to staff issues were required by December 18, 2019. 0 February 20, 2020 SUBDIVISION NO.: A (Cont.) FILE NO.: S-1809-B The committee forwarded the item to the full commission. ANAI Y_qI.q There were no technical issues to be addressed after the subdivision committee meeting. The request is for plat approval to allow the subdivision of the parcel two lots. The larger lot, shown as Lot 1, would be 3.83-acres. Lot 2 is smaller and would contain 1.14-acres of land. Lot 1 would include the existing residence. This lot requires a variance from Section 31-232 of the Subdivision Ordinance to allow an increased depth to width ratio greater than three times as deep as it is wide. The existing residence on Lot 1 has a subsurface septic system. According to the applicant, should the existing system fail, the Arkansas Department of Health has approved an alternative system. The applicant has stated a test pit has been excavated on Lot 2 and the soil has been found suitable for a subsurface septic system. J. STAFF RECOMMENDATION Staff recommends approval of the proposed plat and variance to allow Lot 1 to have a depth more than three times the width subject to compliance with the comments and conditions outlined in paragraphs D, E and F and the staff analysis in the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 9, 2020) The applicant was present. There were several registered objectors present. Staff informed the commission an error in the staff report had been discovered and at the advice of the City Attorney was requesting the item to be deferred to the February 20, 2020 meeting. There was no further discussion. The item was placed on the consent agenda and the item was deferred to the February 20, 2020 meeting. The vote was 10 ayes, 0 noes, and 1 absent. PLANNING COMMISSION ACTION: (FEBRUARY 20, 2020) The applicant was present. There were several registered objectors present. Staff presented the item and a recommendation to approve the preliminary plat and variance to allow Lot 1 to have a depth more than three times the width. February 20, 2020 SUBDIVISION ITEM NO,: A (Cont.) FILE NO.: S-1809-8 The applicant, Debbie Breeding addressed the commission and stated she would allow those opposed to the plat speak first. Steve Harrison told the commission he has been opposed to the subdivision of this property from the first time it was proposed and continues to be against it. Robert McHenry also rose and indicated his opposition. Donna McHenry also registered her opposition to the plat. She referenced property was located in the city's extraterritorial jurisdiction, as such residents and property owners lack some of the safety and health safeguards that are afforded to those in the city. She indicated when requesting a variance to the subdivision ordinance, an applicant must provide criteria or justification for granting the variance. In this case the strict application of the standards would not deprive the owners "reasonable use" of the property. Moreover, a variance should not be granted on only pecuniary reasons, but for an overriding hardship. She described the area is a family subdivision that experiences some congestion. Safety is another concern. The property has been used as a shooting range for guns previously, although the shooting has decreased. An additional issue is septic tanks. There are already water problems in the area due to failed or failing septic systems. There is significant cost to bring city water out to the area. She concluded by stating the owners purchased the acreage as a single-family lot and should have no expectation of being able to subdivide the property and the commission should deny the plat. Michael Craig spoke to the commission and stated he has lived in the area for 30 years and understood 5-acres was required for a septic system. Ken and Janet Goss also addressed the commission. They are 20-year residents of the area and said if this plat is passed, all similar properties should be able to also split. This denial would not deny the right to build, but to divide the property. Heidi Theroux told the commission she lives next door. This request to subdivide is a want and not a need. This is a small community and she bought her home because of the neighborhood being as it is, and she believes this proposed lot split would have a negative impact on property values. Commissioner Vogel inquired of Ms. Theroux which side of the property she neighbored. Ms. Theroux replied she lived on the south side. Mr. McHenry returned to conclude the presentation by those opposed to the plat. He stated the applicants have a burden of proof as to whether the variance should be approved. This request is a want, rather than a need. He asked that the plat be denied as the applicant has failed to show justification for the variance. 9 February 20, 2020 SUBDIVISION ITEM NO.: A Cont. FILE NO.: S-18Q9-B Debbie and Gary Breeding addressed the commission. Since they have owned the property, they have made the house livable for her son who lives there. Until they began the process to subdivide the property, they were unaware of the extraterritorial jurisdiction. They reached out to the county and were referred to the city. The applicants shared a sketch with the commission. This sketch showed some lots containing 0.38 of an acre, Also, one property in the area has a mobile home. They asked the commission rhetorically what the impact of one more house would be on the area, as it would likely not be more than two cars. Also, there is an office use approved in the area. The gun target practice at the property was done by their former son-in-law. Their daughter has since divorced. This lot split is being requested in order to move their daughter to this property. The applicants reminded the commission that another pipe stem lot was approved in the general area at the last meeting. Mrs. McHenry again addressed the commission and stated the office in the area was a law office for herself and her husband. It was approved with a condition that the use would revert to strictly single-family once they stopped or relocated their practice or sold the property. The mobile home was used for an elderly parent of the property owner. This parent has since passed. The mobile home has not been removed due to the expense to the property owner. Mrs. Breeding responded the divorce of her daughter was finalized two years ago and her son does not shoot on the property. Commissioner Brooks asked if there was anyone living in the mobile home. Mrs. McHenry answered no and reiterated the owner cannot afford to remove it from the property. Chairman Latture inquired of Mrs. McHenry of her opinion about houses on smaller lots in the area. Mrs. McHenry responded she is of the opinion the water problems in the area are due to those smaller houses. She stated she has her well tested annually. Commissioner Rahman asked staff about their recommendations on the previously proposed subdivisions of this property. Mr. Collins answered he did not recall. The applicant stated the staff recommendation on the prior requests were all for approval. 7 February 20, 2020 SUBDIVISION ITEM NO.: A (Cont.) FILL NO.: S-1809-B Mr. Collins was asked to explain the requirement for a lot depth to width ratio maximum of 3.1. His response was to avoid long, narrow lots that are difficult for utility companies to serve and create access problems. He continued noting the lot layout as proposed had just a single variance request. If the proposed subdivision complied with the standards, staff would approve it as a lot split. Commissioner Brooks asked the applicants if the plans for the new home had been shared with neighboring property owners. Mrs. Breeding answered they had not gotten far enough along in the planning process to have anything to share. They are not considering a modular or mobile home for the lot. Chairman Latture asked for a motion. Vice Chairman Hamilton made a motion to approve the proposed plat subject to comments and conditions in the agenda staff report and the variance to allow Lot 1 to have a depth more than three times the width of the lot. The vote was 8 ayes, 1 no, and 2 absent. Eta