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Z-8795 Staff AnalysisAugust 30, 2012 EM NO.: 1 FILE NO.: Z-8795 NAME: Wild Accessory Dwelling — Conditional Use Permit LOCATION: #1 Wild Place OWNER/APPLICANT; Jerome and Kathy Wild PROPOSAL: A conditional use permit is requested to allow for construction of a one-story accessory dwelling (guest house) on this R-2 zoned, 5 acre tract. SITE LOCATION: The site is located south and west of the Duquesne Neighborhood. Access is via an access easement off of Bouresse Court. The property is not located in the Chenal Valley development. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Duquesne Neighborhood is located north and east of this 5 acre tract. That neighborhood contains single family residences on typical suburban lots. A wooded green belt is adjacent to the north of this tract. The proposed single family residence and associated guest house are to be located roughly in the center of the property, approximately 250 feet behind the houses on Bouresse Court to the east. Large, wooded tracts extend to the south and west of the site. Shinnal Mountain, topped by numerous broadcast towers, is located further to the south. Allowing the small guest house, in conjunction with the new residence being built on this 5 acre tract should have no impact on other area properties. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site, the Duquesne Neighborhood Association and a representative of Deltic/Chenal properties. 3. ON SITE DRIVES AND PARKING: Access to the site is via an access easement off of Bouresse Court. The principal dwelling and accessory dwelling each require one on -site parking space. Each structure will contain a garage. There is more than sufficient parking provided by the garages and the 250 foot long driveway. 4. SCREENING AND BUFFERS: No Comments. August 30, 2012 ITEM NO.: 1 (Cont.) __ FILE NO.: Z-8795 5. PUBLIC WORKS COMMENTS: 1. Provide at least twenty (20) feet of paved surface from Bouresse Court through the access easement to the subject property. 2. The driveway or private street accessing the subject property shall have a concrete apron per City Ordinance. 3. Repair curb and gutter, street, or any public infrastructure damaged during construction of the driveway or private street. 4. Contact Public Works, Melvin Hall at 590-7465, for inspection of concrete apron prior to installation. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements if sewer is required for this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Because this property does NOT have frontage along a public water main a water main extension will be required to provide water service to this property. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 2 August 30, 2012 ITEM NO.: 1 Cont. FILE NO.: Z-8795 Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 2012) The applicants were present. Staff presented the item and noted no additional information was needed. Public Works comments were noted. The applicants were advised to meet with a representative of Deltic to work out the specifics of the landscaping to be planted in association with the access easement. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS, A two-story, 6,700+ square foot single family residence is currently being constructed on the R-2 zoned, five (5) acre tract located at #1 Wild Place. The five (5) acre tract, Tract 98 Maumelle Orchard Addition, is located south and west of the Duquesne Neighborhood. Access is via an access easement off of Bouresse Court. The access easement was created through the center of Tract H, Block 48, Chenal Valley Addition (filed and recorded on September 23, 2005). Section 2(a) of that easement grant states: (a) that development of Tract 98 be and hereby is restricted to one -single family residence and related structures, facilities and improvements per acre with a maximum of five single family residences and related structures, facilities and improvements on Tract 98. The easement grant requires the planting of landscaping along either side of the driveway to be constructed through Tract H. The applicant is requesting approval of a conditional use permit to allow for construction of an accessory dwelling (guest house) in conjunction with the new residence now under construction. The proposed accessory dwelling will be approximately 1,200 square feet in size; containing 2 bedrooms, 2 baths, kitchen/living area and garage. The structure will be one-story in height and constructed of the same materials as the principal 3 August 30, 2012 TEM NO.: 1 (Cont. FILE NO.: Z dwelling. The immediate purpose of the accessory dwelling is to accommodate and care for the applicant's elderly family members. Future use will be for the structure to serve as a guest house for visiting family and friends. The structure will not be used as a rent property. To staff's knowledge, there are no outstanding issues. The single family residence and guest house are to be located roughly in the middle of this five (5) acre tract. The structures will be located approximately 250 feet from the rear of homes on Bouresse Court and three hundred plus feet (300±) from the rear of the homes on Trelon Circle to the north. Placement of the structures well exceeds any setback requirements. The principal dwelling contains a 4 car garage and the guest house contains its own garage, providing more than adequate parking. The 1913 bill of assurance for Maumelle Orchard Addition does not address use issues. The access easement grant over Tract H, Block 48, Chenal Valley allows development of Tract 98 Maumelle Orchard with up to 5 single family residences with related structures, facilities and improvements. The applicant stated it was not intended that the accessory dwelling have separate utilities, unless determined necessary to provide service. AFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. The accessory dwelling is to serve as a guest house for family members and guests of the owner of the property. 3. One of the dwelling units must be occupied by the owner of Tract 98, Maumelle Orchard Addition (Section 36-252 (a) (3) of Chapter 36 of the Code of Ordinances). 4. Landscaping is to be installed and maintained on either side of the driveway through Tract H, Block 48, Chenal Valley as required by the access easement grant. Staff recommends separate utilities be permitted if it is determined that it is necessary to provide service. 2 August 30, 2012 ITEM NO.: 1(Cont.)FILE NO.: Z-8795 PLANNING COMMISSION ACTION: (AUGUST 30, 2012) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. 5 SUBDIVISION COMMITTEE COMMENTS AUGUST 8, 2012 ITEM NO.: 1. WILD ACCESSORY DWELLING CONDITIONAL USE PERMIT - # l WILD PLACE Z-8795 Planning Staff Comments: 1. The 1913 Bill of Assurance for Maumelle Orchard Addition does not address use issues. The 2005 access easement grant over Tract H, Block 48 Chenal Valley allows development of Tract 98 Maumelle Orchard Addition (this tract) with up to five (5) single family residences with related structures and improvements. 2. The easement grant requires the planting of landscaping along either side of the twenty-four (24) foot driveway to be constructed through Tract H. 3. The accessory dwelling is to serve as a guest house for family members and guests of the owner of the property. 4. Section 36-252(a)(3) of the Zoning Ordinance requires that the owner of the property must occupy one of the dwelling units. Variance/Waivers: • None requested. Public Works: 1. Provide at least twenty (20) feet of paved surface from Bouresse Court through the access easement to the subject property. 2. The driveway or private street accessing the subject property shall have a concrete apron per City Ordinance. 3. Repair curb and gutter, street, or any public infrastructure damaged during construction of the driveway or private street. 4. Contact Public Works, Melvin Hall at 590-7465, for inspection of concrete apron prior to installation. Utilities and Fire Department/County Planning Wastewater: Sewer main extension required with easements if sewer is required for this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Because this property does NOT have frontage along a public water main a water main extension will be required to provide water service to this property. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. ITEM NO.: 1. CON'T Z-8795 The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Planninp, Division: No Comments. Landscape: No Comments. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday August 15, 2012. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Wednesday August 15, 2012. The City -provided notice form must be used. Proof of notice is to be returned to staff no later than August 24, 2012.