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HomeMy WebLinkAboutPC Action Letter - Approved With Conditions 081822August 11, 2022 ITEM NO.: C FILE NO.: Z-9692 NAME: JRJ Building, LLC Duplex – Conditional Use Permit LOCATION: 1504 S. Valentine Street DEVELOPER: JRJ Building, LLC 1522 S. 2nd Street Cabot, AR 72023 OWNER/AUTHORIZED AGENT: JRJ Building, LLC 1522 S. 2nd Street Cabot, AR 72023 SURVEYOR/ENGINEER: Bond Consulting Engineers, Inc. 2601 T. P. White Drive Jacksonville, AR 72076 AREA: 0.08 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 13 CURRENT ZONING: R-3 VARIANCE/WAIVERS: 1. Reduced rear yard building setback A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Conditional Use Permit to allow for the construction of a duplex structure at 1504 S. Valentine Street. B. EXISTING CONDITIONS: The property is vacant and undeveloped. The property appears to be maintained and contains several mature trees located along the rear property line. One (1) August 11, 2022 ITEM NO.: C (Cont.) FILE NO.: Z-9692 2 property located northeast of the site, 3516 W. 15th Street, is zoned R-3 and contains an existing duplex. Several properties within the general area are undeveloped and are zoned R-3. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Boundary street improvements are required on Valentine per master street plan. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA guidelines. 2. Provide finished floor elevations (FFE) for the proposed building on site plan. Provide a drainage plan with spot elevations and contours showing how the water is being handled on site. 3. Hauling of fill material on or off project sites over municipal streets require approval prior to a grading permit being issued by the Department of Planning and Development. Contact Public Works Traffic Engineering at 621 S. Broadway 501- 379-1805 with any questions or for more information. 4. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 5. A maintenance bond for 50% of total construction costs for all completed public street and drainage improvements within City right of way and as-built storm drainage infrastructure plans shall be provided to the Department of Planning and Development before the issuance of a final certificate of occupancy. 6. Obtain Traffic Control permits prior to doing any street cuts or curb cuts. Obtain Traffic Control permits prior to doing any work on city streets or in the right-of-way. Contact Traffic Engineering at 501-379-1800 for more information. 7. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management August 11, 2022 ITEM NO.: C (Cont.) FILE NO.: Z-9692 3 practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 8. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 9. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 for inspections of any work in the public right-of- way prior to placement of concrete or asphalt or for on- site clarification of requirements prior to commencing work. Failure to do so can result in removal of any improperly placed concrete or asphalt at the expense of the owner or contractor. 10. Parking stalls cannot be in the Right-of-Way. Please shift stalls to the west towards the proposed duplex to allow those stalls to not be within said Right- of-Way. If this cannot be achieved slide the building to the west and ask for a variance to encroach into the setback. 11. Existing concrete pad on the southeast corner will need to be removed. Add note for this to take place. 12. Existing driveway apron shown on the northeast corner will need to be removed. Sidewalk to meet all city specs and guidelines will need to be will need to be installed. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access:  August 11, 2022 ITEM NO.: C (Cont.) FILE NO.: Z-9692 4 Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. August 11, 2022 ITEM NO.: C (Cont.) FILE NO.: Z-9692 5 Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comment received. County Planning: No comment received. F. BUILDING CODES/LANDSCAPE: Building Code: No comment received. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comment received. Planning Division: No Comments. H. ANALYSIS: The applicant is requesting a Conditional Use Permit (CUP) to allow for the construction of a one-story, 1296 square feet duplex (648sf/unit) structure located at 1504 S. Valentine Street. The property is undeveloped, grass covered and contains several mature trees located along the rear property line. The duplex structure will be located approximately thirty (30) feet back from the front (east) property line, 5.25 feet to 5.78 feet back from the side property lines and 20 feet back from the rear (west) property line. Section 36-255 of the City’s Zoning Ordinance requires a minimum rear yard building setback having a depth not less than twenty-five (25) feet. The applicant is requesting a variance for a reduced year yard building setback form twenty-five (25) feet to twenty (20) feet. Staff supports the variance request. Access is provided along S. Valentine Street via a single twenty (20) foot wide concrete driveway which opens to a twenty-seven (27) foot wide concrete parking pad. Section 36-502 requires a minimum of three (3) parking spaces for two-family residences. The twenty-seven (27) foot wide parking pad will allow for three (3) vehicles, which comply with ordinance standards. August 11, 2022 ITEM NO.: C (Cont.) FILE NO.: Z-9692 6 To staff’s knowledge, there are no outstanding issues associated with this application. The applicant has done a good job in addressing issues raised by staff during review of this application. The proposed duplex structure will not be out of character with the general area. Oher duplex structures are located to the west, north and east of the proposed site. Staff feels the proposed duplex will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, with year yard setback variance, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for deferral. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent deferral was approved. PLANNING COMMISSION ACTION: (AUGUST 11, 2022) Chris Lacy, applicant, (Law Offices of Chris Lacy) was present representing the application. There was one person registered in opposition. Staff presented the item and a recommendation for approval as outlined in the “staff recommendation” above. The applicant deferred to the opposition. Mia Foreman addressed the Commission in opposition to the application. She expressed she has a contract to develop 1508 S. Victory Street and how the applicant’s rear yard setback variance may negatively affect her project and preferred the applicant adhere to setbacks assigned to the zoning classification. Mr. Lacy replied the same process will be used for any applicant requesting a variance and his proposed duplex had no bearing on her project. Commissioner Brooks asked staff was the applicant requesting for encroachment onto the opposition’s property to which staff replied in the negative. Commissioner Thomas asked will the proposed duplex land lock Ms. Foreman’s property to which staff replied in the negative. Commissioner Hodge asked staff were they able to provide clarification on Ms. Foreman’s issue. Staff replied it was not sure what Ms. Foreman’s issue was regarding the duplex but if site developed it would benefit her future project. August 11, 2022 ITEM NO.: C (Cont.) FILE NO.: Z-9692 7 Ms. Forman addressed the Commission stating the applicant’s duplex will encroach her property and when she develops her site, the buildings would be too close. Commissioner Vogel provided clarification to Ms. Forman the applicant is only requesting a reduction of a rear yard setback from twenty-five (25) feet to twenty (20) feet and at no point will the applicant’s project encroach onto your property. There was general discussion regarding the Conditional Use Permits process and the difference between variance request through the Planning Commission and Board of Adjustment. Ms. Forman noted to the Commission she now understands the variance requested by the applicant and there will be no encroachment onto her property. There was a motion to approve the application including all comments and recommendations by staff, including the requested front, rear and side yard variances. The motion was seconded. The vote was 9 ayes, 0 nays, 1 absent and 1 open position.