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HomeMy WebLinkAboutZ-4050-A Staff AnalysisJuly 10, 1997 ITEM NO.: 3 FILE NO.: Z -4050-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Delanor Berry Delanor Berry 209-211 North Summit Rezone from R-4 to R-5 Convert existing duplex into a triplex. .2 acres Duplex SURROUNDING LAND USE AND ZONING North - Triplex residential structure; zoned R-5 South - Duplex residential structures; zoned R-4 East - Vacant land and industrial buildings; zoned I-3 West - Single Family homes, zoned R-3 PUBLIC WORKS COMMENTS 1. Each street needs dedication of right-of-way to 30 feet from centerline and construction of 1/2 street improvements to 18 feet from centerline with 5 foot sidewalk for this multi -family project. Corner radius should be improved to 25 foot minimum radius with a 20 feet radial dedication. 2. Driveways shall conform to Section 31-210 or Ordinance 16,577. PUBLIC TRANSPORTATION ELEMENT This site is not located on a Central Arkansas Transit Bus Route. A bus route does extend down 3rd Street/Markham, 4 blocks to the south. LAND USE ELEMENT This property is located in the Heights/Hillcrest District. The Land Use Plan is shown as Single Family (SF) at this site, as well as to the north, west and south. East of the site the land use plan shows Mixed Office Warehouse (MOW). The area was reviewed in 1995-96 as part of the Capitol View/Stifft's Station Neighborhood Plan, adopted by .Tuly 1.0, 1997 ITEM NO.: 3 (Cont.} FILE NO.: z -4050-A resolution on June 6, 1996. Two land use -plan amendments in the immediate area were approved at that time. To the east of the site the plan was changed from Industrial (I) to Mixed Office Warehousing (MOW). The area between Garland and Markham and from Park to the east was amended from Multi -Family to Single Family. The Capitol View/Stifft's Station Neighborhood Plan recommends the area continue to be Single Family. Staff supports the Neighborhood Plan and recommends denial. STAFF ANALYSIS The request before the Commission is to rezone this .2 acre lot from R-4 Two -Family to R-5 Urban Residence District. The property is currently occupied by a two story, brick and frame duplex residential structure. Due to the slope of the property, the structure has the appearance of one story from the front (Summit Street) and two stories from the rear (Gill Street). Once rezoned, the applicant proposes to finish out the lower floor as a dwelling, converting the structure from a duplex to a triplex. The property is located on the eastern edge of a small residential neighborhood bounded by Boone/West 3rd Street, Cantrell Road, the Deaf School and Gill Street. The neighborhood contains a mixture of single family, two-family and multifamily dwellings. A triplex built exactly as proposed by the applicant, is located on the R-5 zoned lot adjacent to the north. Several other duplex and multifamily residential dwellings are located south of this site. The properties located between this site and the Deaf School, to the west, are almost exclusively single family. This area was reviewed in 1995-1996 as part of the Capitol view/Stifft's Station Neighborhood Plan which was adopted by resolution on June 6, 1996. In an effort to encourage continued single family use in the neighborhood, two land use plan amendments were adopted at that time. One amendment changed this site, along with other properties in the vicinity from Multifamily to Single Family. The zoning of these duplex and multifamily properties was not changed. Staff feels it would be inappropriate to support R-5 zoning on this property in light of this recent Neighborhood Plan action. It was made clear by the Neighborhood Plan that additional multifamily zoning was undesirable in this area. 2 July 10, 1997 ITEM NO.: 3 Cont. FILE NO.: z -4050-A STAFF RECOMMENDATION Staff recommends denial of the requested R-5 zoning. The request conflicts with the recently adopted Capitol View/Stifft's Station Neighborhood Plan and the Heights/Hillcrest District Land Use Plan. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was present. There were no objectors present. One letter of opposition had been received and forwarded to the Commission members. Staff presented the item and a recommendation of denial. Delanor Berry addressed the Commission in support of the application. He stated that the structure was originally designed to be a triplex but the lower level unit was never finished. Mr. Berry stated that there was adequate on-site parking to serve three dwelling units. He discussed the relationship of this site to other duplex, triplex and multifamily uses in the area. Commissioner Lichty asked what staff's recommendation would have been had the Plan not recommended Single Family for the site. Dana Carney, of the Planning Staff, responded that staff would likely have supported the R-5 request if the Plan recommended multifamily, due to the proximity of other duplex and multifamily properties in the area. Commissioner Hawn stated that he was concerned about the proposed R-5 zoning. He stated that he had been made aware of a halfway house being operated on R-5 zoned property in the area. Dana Carney listed the permitted uses allowed in the R-5 district, which did not include a halfway house. Commissioner Putnam stated that he felt the proposed R-5 zoning was appropriate in this case. He noted that the proposed third unit would be in the lower level of the building, taking access off of Gill Street. In response to questions from Commissioner Rahman, Mr. Berry stated that the building was approximately 30 years old and that the previous owner, who had owned it for twenty years, had never converted the structure into a triplex during that time. Commissioner Woods stated that he felt the requested R-5 zoning was appropriate for this site. He also stated that he felt the rezoning would not have a detrimental effect on the neighborhood. K3 July 10, 1997 ITEM NO.: 3 (Cont.) FILE NO.: Z -4050-A Commissioner Lichty asked Commissioner Hawn if he was still opposed to the rezoning since staff noted that a halfway house was not a permitted use in that district. Commissioner Berry asked if there was not opposition from the neighborhood association. Commissioner Hawn stated that the association had been notified but there was no response. Commissioner Hawn suggested to the applicant that he request a deferral and meet with the neighborhood association. Mr. Berry responded that he would like to meet with the association but that he would like a vote on his application today. Kathleen Oleson, of the League of Women Voters, urged the Commission to support the neighborhood plan and deny the rezoning. Commissioner Earnest stated that he was concerned that every new neighborhood plan seems to eliminate multifamily. After a further brief discussion of the number of multifamily units and accessory dwellings in the area, a motion was made to approve the requested R-5 zoning. The vote was 5 ayes, 5 noes and 1 absent. As stated in the Commission's Bylaws, the item was declared to be denied. 4