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Z-8717 Staff AnalysisNovember 17, 2011 ITEM NO.: 10 NAME: Williams Short -form PD-R LOCATION: Located at 401 Steven Drive DEVELOPER: Ethylene Williams 53 King Park Drive Little Rock, AR 72227 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.27 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential PD-R Duplex VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FILE NO.: Z-8717 FT. NEW STREET: 0 LF The applicant is requesting a rezoning from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of this existing single-family structure into a duplex. The structure is a two-story structure. The lower level is a walk -out basement. The applicant is proposing to allow for one unit upstairs utilizing the existing carport and parking pad. A new drive is proposed on Brooks Lane to allow parking for the lower level. The request includes the allowance of separate meters to serve the two units. November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) _ FILE NO.: Z-8717 B. EXISTING CONDITIONS: The home is located at the end of Steven Drive abutting a wooded area. This area is virtually all single-family with the exception of the commercial/office area located to the south along West Markham Street. North of the site are State offices including the Game and Fish, the State Plant Board and the State Crime Lab which are accessed from Natural Resource Drive. Along West Markham Street on Ellis Drive, which is the entrance to this subdivision, there is a church, and a condominium development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200-feet of the site and the Treasure Hill Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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 off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly 2 November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont. FILE NO.: Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. CATA Bus Route #5, the West Markham route, is located to the south, running along West Markham Street. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2, Single-family to PD-R to convert a single-family structure to a duplex. Master Street Plan: Both Steven Drive and Brooks Lane are Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment on this proposed duplex application request. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) The applicant was present. Staff presented the item stating there were a few outstanding technical issues associated with the request. Staff stated the applicant was requesting the allowance of separate meters for the proposed duplex. Staff noted they had received a number of calls from area residents with concerns for the change in use from single-family to multi -family. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. 3 November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont. H. ANALYSIS: NO.: Z-8717 There were no outstanding issues raised at the October 27, 2011, Subdivision Committee meeting in need of addressing via a revised site plan. The request is a rezoning from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of an existing single-family structure into a duplex. The structure is a two-story structure with the lower level being a walk -out basement. The applicant is proposing to remodel the home for one unit upstairs utilizing the existing carport and parking pad. The second unit will be in the lower level. A new drive is proposed on Brooks Lane to allow parking for the lower level. The request includes the allowance of separate meters to serve the two units. The applicant has indicated there will be very few exterior modifications to the structure and the site. A four (4) foot fence will be placed along the eastern edge of the home near the front corner extending to the north property line to separate the yard areas for the two (2) units. Staff is not supportive of the request. The area is predominately single-family with the multi -family and non-residential uses being located along West Markham Street. Although to the north of this site is an office complex. The neighborhood has a large wooded screening buffer between the homes and the office use and the office complex is not accessed through this neighborhood. The Bill of Assurance for the Santa Fe Park Addition is still valid and includes the following statement: All lots shall be used for residential property only, with exception of Lot 110 which may be used for a retail business establishment or service activities. There appears to be no distinction regarding the type of residential. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) Ms. Ethelyne Williams was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Ms. Williams stated she was requesting a rezoning to allow the existing structure to be converted to a duplex. She stated she retired in 2005 after 49 years of teaching with the Pulaski County School District. She stated she currently owned five rental properties in the Ellis Acres Addition. She stated her tenants were long-term tenants with one tenant living in her home for 14 years. She stated the structure was 2,400 square feet with 1,200 square feet on the upper level and 1,200 square feet in the lower level. She stated the lot was over 1/4 acre. She stated this home and lot was 151 November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8717 much larger than other homes in the subdivision. She stated both Stephen and Brooks were dead end streets. She stated there would be cosmetic improvements to the exterior of the building and the installation of a parking pad from Brooks to serve the lower level unit. She stated she had contacted the property owners in the immediate vicinity and had 11 signatures from property owners stating they did not feel the duplex would diminish their property values. Ms. Williams provided the Commission with photos of the home and the side yard where the parking pad was proposed. Mr. Joe Kilpatrick addressed the Commission in opposition. He stated he and his son owned the house next door. He stated his concern was the conversion of the home and the installation of the parking pad. He stated all the water from Ms. Williams property drained onto their property. He stated his son had tried to divert some of the water with the installation of a drainage ditch and rocks. He stated his property value was based on the properties and uses in the area. He stated Ms. Williams' values were based on the rents she received. He stated his home was 1,800 square feet and would lend itself to conversion to a duplex. He stated the area was single-family. He stated Ms. Kelly Ward who lived at 10018 Brooks Lane was also with him and was opposed to the request as well. He stated his concerns were the visual impact and traffic. Ms. Ruth Bell, League of Women Voters of Pulaski County, addressed the Commission in opposition. She stated she could remember when Ellis Acres was a new and upcoming subdivision. She stated now the homes were cycling. She stated the long-term owners were moving to assisted living facilities or other facilities and the homes were rolling over. She stated at this point in the neighborhoods life it could become less desirable or neighborhood renewal could happen. She stated the problem was with future conversions and if this could be used as a rational for approving an addition duplex in the area. She stated the neighborhood needed the Commission's help to rejuvenate itself. Ms. Williams stated she was unaware of any drainage issues. She stated the lot was fairly level. She stated the pad would be constructed with curbs to direct the water back into the street and away from the neighbor's property. She stated duplexes had a place in the upward mobility and downward mobility of people. She stated seniors would look to a duplex when moving from their homes and before an assisted living facility. She stated young families would look to a duplex prior to homeownership. She stated change was going to come. She stated according to the County records the next home in comparison was 1,600 square feet, which was much less than the home she was proposing for a duplex. She stated if allowed to convert the upper unit would be 1,200 square feet and the lower level would be 1,200 square feet. Mr. Kilpatrick stated from Stephen Drive looking eastward all you could see was the top of his house. He stated there was a significant grade change from Ms. Williams lot to his lot. 5 November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8717 There was a general discussion by the Commission with Ms. Williams concerning the proposed driveway and the grade of the lot. The Commission questioned Ms. Williams concerning the drainage and the slope of the lot. Ms. Williams stated the lot was level in the area proposed for the parking pad. She stated water from the pad would not flow onto the neighboring property but would be absorbed or flow back into the street. The Commission questioned staff if Ms. Williams was allowed a driveway on Brooks Lane. Staff stated with proper permits Ms. Williams could install the drive. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion failed by a vote of 1 aye, 8 noes and 2 absent. ITEM NO.: 10, NAME: Williams Short -form PD-R LOCATION: located at 401 Steven Drive Planning Staff Comments: Z-8717 1. Provide notification of property owners located within 200-feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than November 2, 2011. The Office of Planning and Development must receive the proof of notice no later than November 10, 2011. 2. The request includes the allowance of separate utilities. Variance/Waivers: None requested. Public Works Conditions: No comments Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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 off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted_ Item # 10. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. CATA Bus Route #5, the West Markham route, is located to the south, running along West Markham Street. Parks and Recreation: No comment received. Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2, Single-family to PD-R to convert a single-family structure to a duplex. Master Street Plan: Both Steven Drive and Brooks Lane are Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment on this proposed duplex application request. 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, November 2, 2011. Item # 10.