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Z-8619 Staff AnalysisJanuary 6, 2011 NO.: 8 FILE NO.: Z-8619 NAME White Accessory Dwelling — Conditional Use Permit LOCATION: 3205 Valley Park Drive OWNERIAPPLICANT: Jim and Karen White PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R-2 zoned lot. 2 SITE LOCATION- The property is located on the east side of Valley Park Drive, 3 lots south of Pebble Beach Drive. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area comprised solely of single family homes on suburban sized lots. There have been other approvals to allow accessory dwellings in the area. From the street, the proposed structure will look like a two -car garage. The proposed accessory dwelling is on the rear of the accessory building. The structure will exceed all required setbacks. The property itself is approximately .8 acre in size, several times larger than the R-2 minimum lot size of 7,000 square feet. Staff believes the proposed guesthouse, accessory dwelling is an appropriate use. Notice of the public hearing was sent to owners of all properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Chenal Ridge Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The principal dwelling and proposed accessory dwelling each require one on -site parking space. The site currently contains a concrete driveway providing access to a two -car garage. The driveway will be extended to provide access to the new accessory building, which will contain a two -car garage. 4. SCREENING AND BUFFERS: No Comments. January 6, 2011 ITEM NO.. 8 (Cont.) FILE NO.: Z-8619 5 PUBLIC WORKS COMMENTS: 1. A special grading permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 2. The minimum Finish Floor elevation of the proposed structure should be constructed to at least one foot above the base flood elevation and shown on all proposed plans and surveys. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No comment received. Fire Department: Place fire hydrants per code. County Planning: No Comments. CATA: The site is not on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) The applicant, Jim White, was present. Staff requested the applicant provide additional information on the design of the proposed building. Staff asked if separate utilities were requested. The applicant responded that they were. In response to a question from the Committee, Mr. White stated the accessory dwelling was to be occupied by family and guests and would never be rented. In response to a question from Mr. White, staff stated that condition would run with the land, if he ever sold the property. Public Works and Utility Comments were noted. Staff noted the bill of assurance appeared to prohibit the use. Mr. White stated he had visited with his neighbors and they seemed to have no problem with the use. The Committee commented that the bill of assurance was an agreement between private parties and not enforced by the City. 2 January 6, 2011 ITEM NO.: 8 Cont. FILE NO.: Z-8619 The applicant was advised to respond to any staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The large, R-2 zoned lot located at 3205 Valley Park Drive contains a two-story, brick and frame, single family residence. The applicants are proposing to construct an accessory building in the rear yard. The accessory building will contain an 890 square foot, two -car garage and a 690 square foot accessory dwelling. A conditional use permit is requested to allow the accessory dwelling. The one-story structure will be designed to complement the existing house. The accessory dwelling will contain one bedroom and closet, one bath and a kitchen/living room combination. The accessory dwelling is proposed for occupancy by the property owner's aging father. Once it is no longer needed by the father, the accessory dwelling will be used as a guest house for family and friends. It will not be rented. Staff is supportive of the requested guesthouse. Other similar structures have been approved in the area. This property consists of almost an acre of ground; much larger than the R-2 minimum of 7,000 square feet. The proposed accessory dwelling's placement will exceed all ordinance required setbacks. From the street, the structure will have the appearance of a two -car garage with the accessory dwelling aspect located in the rear of the structure. The applicant has placed limitations on occupancy of the structure so it will serve only as a guesthouse for family and friends. The bill of assurance for Pebble Beach Park contains the following statements, which are pertinent to the issue: a) Said land shall be restricted to detached single family residences. b) No trailer, tent, shack, garage, garage apartment, hutment, basin, structure of a temporary character or outbuilding of any kind on said land shall at any time be used or occupied as a residence, temporarily or permanently. The applicant states he is aware of those statements and has visited with his neighbors about the issue. 9 January 6, 2011 ITEM NO.: 8(Cont.)FILE NO.: Z-8619 STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Occupancy of the accessory dwelling is to be limited to family members and friends of the property owner. The structure is not to be rented; it is to serve as a guesthouse. 3. The property owner must reside on the property. Staff recommends approval of separate utilities. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was present. There was one objector present. The applicant had submitted letters of approval from the owners of the three properties that directly abut this site. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. Staff amended condition number 2 in the staff recommendation to include the condition that the structure not be rented "or leased." The applicant, Jim White, explained his proposal and stated the structure would not be rented; that it would only be used as a guest house for family and friends. Danny Broaddrick, of 3002 Valley Park Drive, stated he was concerned about successor owners not complying with the condition. He also stated there were not many other guest houses in the area. Mr. Broaddrick raised various scenarios whereby the house could be rented or the accessory dwelling could become the principal dwelling. He said there was ambiguity in the conditions proposed by staff. Commissioner Rector asked Mr. White if he could accept additional conditions regarding renting of the house. Mr. White responded that he could. He was asked to state for the record any additional amendment to his application. Mr. White stated the accessory dwelling would not be occupied if something happened to the principal dwelling and he would not rent the principal dwelling. Dana Carney, of the Planning Staff, stated it needed to be clear that the condition related to not renting the principal dwelling applied only if the accessory dwelling 12 January 6, 2011 FILE NO.; Z-8619 was on the property; otherwise, there is no prohibition against renting a single family dwelling. A motion was made to approve the application as amended, including staff comments and conditions. The motion was approved by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. SUBDIVISION COMMITTEE COMMENTS DECEMBER 9, 2010 ITEM -NO.: 8. WHITE ACCESSORY DWELLING CONDITIONAL USE PERMIT — 3205 VALLEY PARK DRIVE Z-8619 Planning Staff Comments: 1. Provide more information on proposed building; exterior materials, roof materials. 2. Are separate utilities requested? 3. Who will occupy the structure in the future? 4. The Bill of Assurance for Pebble Beach Park contains the following statements: (a) Said land shall be restricted to detached single family residences. (b) No trailer, tent, shack, garage, garage apartment, hutment, basin, structure of a temporary character or outbuilding of any kind on said land shall at any time be used or occupied as a residence, temporarily or permanently. Variance/Waivers: • None requested. Public Works: 1. A special grading permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 2. The minimum Finish Floor elevation of the proposed structure should be constructed to at least one foot above the base flood elevation and shown on all proposed plans and surveys. Utilities and Fire Denartment/County Planning: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No comment received. Fire Department: Place fire hydrants per code. County Planning: No Comments. CATA: The site is not on a CATA bus route. PIanning Division: No Comments. Landscape: No Comments. Other: Submit responses to staff comments and four (4) copies of revised site plan, (if required), no later than Wednesday December 15, 2010. Required notices must be sent via certified mail not later than Wednesday December 22, 2010 and proof of notification returned to staff by December 30, 2010. December 10, 2010 Dear Staff/Dana, Following are the responses to the Planning staff comments for our conditional use permit at 3205 Valley Park Drive. 1. Provide more information on the proposed building exterior materials, roof materials. The structure will be lap siding similar to our current dwelling and the roof materials will be Architectural shingles to match our current dwelling. 2. Are separate utilities requested? We intend to have separate utilities however we are going will be looking at the option which is most economical. 3. Who will occupy the structure in the future? It is our sole intention to construct this to house elderly family members. My Father in Law John Sweeney will be the first Occupant. Thank you for your consideration and especially you Dana as you have been so helpful throughout this Process. Jim and Karen White MEMORANDUM TO: DANA CARNEY, ZONING & SUB -DIVISION MANAGER FROM: CHRISTY MARVEL, PLANS DEVELOPMENT ADMINISTRATOR SUBJECT: REVIEW OF THE BUFFER AND LANDSCAPE REQUIREMENTS OF THE JANUARY 6", 2011 PLANNING COMMIS -SIGN AGENDA DATE: December 6, 2010 NEW ITEMS: Geo Group Correctional Facility Z-2959-F Site plan must comply with the cities minimal landscape and buffer ordinance requirements. This site is zoned Urban Use (UU); therefore, street trees must be planted along all adjacent city streets in the public right-of-way. Removal or pruning of any/all existing vegetation on site must be approved prior to any commencement of work. Pearson Accessory Dwelling (Z-8624) Site plan must comply with the cities minimal landscape and buffer ordinance requirements. Any new parking must be screened in accordance to Chapter 15 and Chapter 36 of the City of Little Rock's Ordinances. The zoning buffer ordinance requires an undisturbed buffer between the newly developed area and the residentially zoned properties. The road/driveway appears to be encroaching into the required land use buffer; clarify. A vegetative screen should remain between the proposed driveway and the residentially zoned property along the east. The undisturbed buffer is to be fifty foot (50') in width. Seventy percent (70%) of this buffer should be undisturbed. 10. Exalters of Christ Da Care Z-8.625 Site plan must comply with the cities minimal landscape and buffer ordinance requirements. Street trees are highly recommended by both the City of Little Rock and the City Beautiful Commission. 12. ABC Welcome Center Z-8626 Site plan must comply with the cities minimal landscape and buffer ordinance requirements. Street, trees are. highly recommended by .both the, City -of Little Rock and .the City Beautiful Commission. The new parking lot must be landscaped in accordance to Chapter 15, the City of Little Rock's Landscape Ordinance. The property to the south is zoned residential; therefore, a land use buffer is required. The zoning buffer ordinance requires a nine foot wide (9'-0") undisturbed buffer along the southern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or evergreen plantings, is required along the southern perimeter of the site.