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HomeMy WebLinkAboutZ-4509-A Staff AnalysisSeptember 18, 2008 ITEM NO.: 2 NAME: Levi Short -form PD-R LOCATION: Located at 100 Rice Street DEVELOPER: The C Street Group LLC P.O. Box 25176 Little Rock, AR 72225 Prn1r1n1PFR- Brooks Surveying Inc 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.17 acres CURRENT ZONING ALLOWED USES: NUMBER OF LOTS: 1 R-3, Single-family Single-family residences PROPOSED ZONING: PD-R PROPOSED USE: Four Unit Apartment VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: FILE NO.: Z-4509-A FT. NEW STREET: 0 LF On August 27, 1985, the Little Rock Planning Commission denied a request to rezone the site from R-3, Single-family to R-5, Urban Residence. The request was the result of an enforcement case. The site had a history of a non -conforming triplex. At some point, there was a fire that heavily damaged the building. When the owner rebuilt the interior, he converted the attic into a fourth unit, thus, expanding the non -conforming structure without first trying to obtain the necessary zoning. The City became aware of the fourth unit when the owner tried to obtain the fourth utility meter thus necessitating the rezoning request. September 18, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) A. PROPOSAL/REQUEST: FILE NO.: Z-4509-A The applicant is seeking a rezoning of the site from R-3, Single-family to PD-R to allow the use of this existing structure as a four-plex. According to the applicant the site has a history of four residential units. A letter provided by the applicant from Center -Point Entergy indicates utility billing service was provided to the structure with four separate meters as far back as 1997 with the most recent date of service June 15, 2007. The letter does not indicate the number of units served during this time period. Staff contacted Entergy, which stated four utility meters had served the site but it appeared the fourth meter was disconnected in 2004 or 2005 and the site had been served by one utility meter since at least 2006. According to information provided by the Pulaski County Assessor's office, for taxation purposes, the site is considered a duplex. If the site had any established non -conforming status this status has been lost since the site has not been four residential units within the last year. The current zoning of the property would allow for a single-family residence and with the approval of a conditional use permit a duplex would be allowed. B. EXISTING CONDITIONS: The lot is located on the south side of West Markham Street across from the Schools for the Deaf and Blind. The structure is a two-story frame structure. Renovations have begun on the structure_ The alley located behind the home is a functioning alley. The immediate neighborhood is made up of primarily single- family units, but there are also some two and three unit structures. The zoning is R-3, Single-family with a few lots zoned R4, Two-family and R-5, Urban Residence within a block of the property. Further to the east, approximately two blocks away, the area includes more R-5, Urban Residence and R-6, High Rise Apartment zoned properties but they do not appear to have undergone the amount of reinvestment in the homes as the neighborhood around Rice Street. Some land east of Barton Street is still vacant and is close to the MOPAC Railroad Tracks. 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, all residents, who could be identified, located within 300 feet and the Capitol View Stifft's Station Neighborhood Association were notified of the Public Hearing. FA September 18, 2008 SUBDIVISION ITEM NO.: 2 Cont. FILE NO.: Z-4509-A D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: A 20-foot radial. dedication of right-of-way is required at the intersection of Rice Street and West Markham Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this property. Enteray: No comment received. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route # 1, Pulaski Heights and #8, Rodney Parham. F. I S S U ES/TE C Id N I CAL/DESIGN: Plannina Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-3, Single-family to Planned Residential Development to allow the use of this existing structure as a four-plex. While the Land Use Plan does show Single Family for this area, this house is already an existing three-plex. The existing structures will be used and the review is using the Planned Zoning District process to assure compatibility. The request does not require a change to the Land Use Plan. Master Street Plan: West Markham Street is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances 3 September 18, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A and exits should be limited to minimize negative effects of traffic and pedestrians on West Markham Street since it is a Minor Arterial. Rice Street is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as "Commercial Streets." These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along West Markham Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Capitol View/Stifft Station Neighborhood Action Plan. The Community Preservation Goal states: "Preserve housing stock in the neighborhood" and "Encourage new architecturally compatible residential construction." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. Any/all new parking areas must comply with the City's landscape and buffer ordinances. 3. The zoning buffer ordinance requires an eight -foot (8') wide street buffer along Rice Street. 4. The zoning buffer ordinance requires a six foot nine inch wide (6-9") street buffer along West Markham Street. 5. The zoning buffer ordinance requires a six foot nine inch wide (6-9") land use buffer along the southern property line. Seventy percent (70%) of this area must remain undisturbed. 6. The property to the south is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Lance Levi was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding technical issues associated with the request. Staff requested Mr. Levi provide September 18, 2008 SUBDIVISION ITEM NO.: 2 FILE NO.: Z-4509-A the proposed parking plan. Staff stated based on typical ordinance standards a four unit multi -family development would require the placement of six on -site parking spaces. Staff questioned if any signage was proposed. Staff also requested Mr. Levi provide details of any existing or proposed fencing located on the site. Public Works comments were addressed. Staff stated a 20-foot radial dedication was required at the intersection of Rice and West Markham Streets. Landscaping comments were addressed. Staff stated landscaping would be required with any new on -site parking areas. Staff stated a land use buffer and screening was required along the southern perimeter. Staff stated street trees were encouraged along West Markham Street. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Levi provided staff with a revised site plan addressing most of the issues raised at the August 28, 2008, Subdivision Committee meeting. The applicant has not provided the proposed parking plan. The applicant has indicated no signage is proposed. The revised site plan indicates the placement of a 20-foot radial dedication as required by Public Works comments. Staff feels based on the lot dimensions and depth of the rear yard area four parking spaces may be constructed in the rear yard of the site in two different configurations. If the spaces are constructed to pull into the site with the headlights facing West Markham Street four spaces will fit but this configuration does not allow for the typically required 6'9" landscape strip along the northern and southern perimeters. If the spaces pull into the site with the headlights facing the rear of the structure four spaces may be constructed and the typical 6'9" landscape strip can be provided along the northern and southern property lines. The parking will be accessed via the alley, which extends from 2"d Street. No alley access is allowed from West Markham Street. If the site is developed with four units, six on -site parking spaces would typically be required. Street parking is available to provide the remaining spaces. The applicant is requesting a deferral of the screening requirement along the southern perimeter. There is an existing six-foot wood fence located in the rear yard area owned by the adjoining property owner. Since the screening is required of the more intense use the applicant is seeking a deferral of the 5 September 18, 2008 UBDIVISION ITEM NO.: 2 Cont. FILE NO.: Z-4509-A screening until the adjacent property owner removes the existing fence and at such time the applicant would install the required screening. The applicant is seeking a waiver of the screening requirement in the area the two structures are adjacent. There is an existing sidewalk located on the property line and is shared between the two property owners. The applicant has indicated a desire to maintain the existing characteristics of the area and not "wall in" the site. Staff is supportive of the screening as proposed. Staff is not supportive of the request to allow four units. The parking plan does not support four units. In addition, the area has undergone a transformation in recent years by converting multiple unit structures back to single-family homes. Staff recognizes the structure has a history of multiple units but feels the previously recognized three units should not be exceeded. In 1985, the site was considered for a rezoning to allow four units on the site, which was not supported by staff or the Planning Commission. Staff feels the intensification to allow four units at this time is less desirable than 20 years ago with the recent reinvestment in the neighborhood and housing stock. The redevelopment of the site as two units is the most desirable but staff accepts the site has a history of three units and would recommend at most the site be allowed to redevelop with three units. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 11, 2008, requesting this item be withdrawn from consideration, without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for withdrawal. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. no