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HomeMy WebLinkAboutZ-5300-A Staff AnalysisApril 3, 1997 ITEM NO.: D FILE NO.: Z -5300-A NAME: LOCATION• OWNER/APPLICANT: PROPOSAL• ORDINANCE DESIGN STANDARDS: 1. Site Location: Carriage Creek - Revised Conditional Use Permit 13207 Ridgehaven Road Kim Moore/Pat McGetrick A revised conditional use permit is requested to convert the existing clubhouse building within the Carriage Creek recreational area to a single-family dwelling. The property is zoned R-2. The applicant proposes to replat the residential structure into a separate single-family lot. The site is located on the south side of Ridgehaven Road, approximately six tenths of a mile west of Napa Valley Road. 2. Compatibility with Neighborhood: The area surrounding the park property is exclusively single-family residential is nature. 3. On -Site Drives and Parkin Access to the park property is gained by utilizing a driveway from Ridgehaven Road. There is a small existing parking lot on the site which the applicant proposes to plat into the new residential lot. 4. Screening and Buffers: No comments 5. Public Works Comments: Public Works has concerns about this Revised Conditional Use Permit, they are as follows: April 3, 1997 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z -5300-A 1. The existing concrete walk that is provided for the neighborhood that would be solely in a residential lot without a pedestrian access easement. 2. The lot encumbering a portion of the lake and the dam, this lake and spillway structure will provide for stormwater detention control for the development. Now a portion of this dam and lake would be within private ownership. 3. Staff also have concerns about the existence of the drive and parking for the tennis courts being on the private property for the house. These areas of concerns could be addressed through revised plans and easements and written agreements between the private property owner and the Neighborhood Association. 6. Utility Comments: L.R. Wastewater - Wooden -deck constructed over existing sewer main located within existing sewer easement. Little Rock Wastewater will not be responsible for repair of deck should removal be required for maintenance of sewer main in the future. 7. Staff Analysis: The applicant is requesting a revised conditional use permit to convert the existing clubhouse building within the Carriage Creek Recreational area to a single-family dwelling. The property is zoned R-2. The applicant proposes to replat the residential structure into a separate single-family lot. The clubhouse is part of the existing conditional use permit for the Carriage Creek Recreational area. This item is before the Planning Commission as a result of a recent zoning enforcement action. On July 7, 1996, the Zoning enforcement staff made an inspection of the clubhouse structure. The inspection revealed that the structure was being used as a single-family residence. The property had been illegally subdivided and sold to Kim and Phyllis Moore. The Moores were renting out the property. On August 12, 1996, after attempts to contact the property owner, a courtesy notice was issued to cease the use of the clubhouse structure or apply for a revision to the conditional use permit. The enforcement action has E April 3, 1997 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z -5300-A been suspended pending the Planning Commission's review of the revised conditional use permit. On March 13, 1990, the Little Rock Planning Commission approved a conditional use permit for the Carriage Creek Recreational area. The conditional use permit included a 2,554+/- square foot clubhouse, a pond, swimming pool, two tennis courts, a basketball court and parking area (with two access points on Ridgehaven Road). To date, the clubhouse, tennis courts, pond and part of the parking lot have been constructed. The applicant proposes to replat the area around the clubhouse into a separate lot and convert the clubhouse to a single-family dwelling. The replat would also include the one existing access drive to the site, the parking area, a portion of the sidewalks along the north side of the pond, as well as a small portion of the pond. There are several questions which the applicant has not yet answered regarding this proposal. For example, does the applicant propose that the remainder of the site continue to be used as a park? If the remainder of the property continues to be used as a park, how will the future park users access the site and where will they park? How will the applicant treat the sidewalks which traverse the proposed residential lot (easement?)? Is the applicant proposing to construct the swimming pool, basketball court, remainder of the parking lot and the second access drive from Ridgehaven Road as approved with the original conditional use permit? These and possibly other questions need to be answered by the applicant before Staff can analyze the technical issues pertaining to this item and make a staff recommendation. 8. Staff Recommendation: Staff recommends deferral of this item to the January 9, 1997 Subdivision Agenda. This will allow the applicant time to provide more information pertaining to this item and it will also allow the Subdivision Committee an opportunity to address the technical issues associated with the proposal. 3 April 3, 1997 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z -5304-A SUBDIVISION COMMITTEE COMMENT: (OCTOBER 31, 1996) Pat McGetrick was present, representing the application. Staff gave a brief description of the proposal. Staff noted that there were several unanswered questions pertaining to this proposal. Mr. McGetrick stated that there are possible legal issues associated with this proposal regarding the Bill of Assurance, park and neighborhood. Mr. McGetrick stated that he would like to talk to the property owner's attorney and the City Attorney's Office to try to resolve any possible legal issues relating to the property and the present proposal. Mr. McGetrick stated that he would need to do this before he could answer the questions posed by staff. The Subdivision Committee accepted Mr. McGetrick's proposal to meet with the attorneys before discussing the technical issues associated with this proposal. STAFF UPDATE: On November 7, 1996, Staff received a letter from Pat McGetrick requesting that this item be deferred to the January 9, 1997 Planning Commission agenda. Mr. McGetrick states that he is trying to resolve legal questions regarding this issue prior to proceeding with the revised conditional use permit. PLANNING COMMISSION ACTION: (NOVEMBER 21, 1996) Staff presented the item, informing the Commission that the applicant submitted a letter requesting that the item be deferred until the Subdivision Agenda of January 9, 1997. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral. A motion to that effect was made. The motion was passed by a vote of 9 ayes, 0 nays, and 2 absent. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 12, 1996) Pat McGetrick, Fred Sanders and other representatives were present, representing the application. Staff gave a brief description of the proposal and posed several questions. 4 April 3, 1997 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z -5300-A Commissioner Daniel asked where the future park users would park. Fred Sanders, of the Carriage Creek Neighborhood Association, stated that the site plan would be.revised to include parking for the park. He stated that the residents who use the park typically walk to the park, but occasionally someone will drive and park just off the street on the unpaved surface. Pat McGetrick stated that a revised plan would be submitted by December 19, 1996. David Scherer, of Public Works, reviewed his comments with the Committee. He asked the applicant how he would deal with the sidewalk and a portion of the pond which would be in the new single-family lot. Pat McGetrick stated that easements for the sidewalk and the Pond (drainage) would be dedicated. Fred Sanders stated that the swimming pool and basketball court would be excluded from the revised conditional use permit. After further discussion, the Presentation and forwarded the for final action. STAFF UPDATE AND SYNOPSIS: Committee accepted the issue to the full Commission As discussed at the Subdivision Committee meeting on December 12, 1996, the remainder of the site will continue to be used as a park to serve the Carriage Creek Neighborhood. Staff has received a revised site plan which shows an access drive and parking for the park area. The revised plan also shows easements for the sidewalk and the pond which are within the proposed single-family lot. The swimming pool and basketball court have been removed from the site plan. Staff recommends approval of the revised conditional use - permit subject to the applicant completing a replat of the single-family lot (Lot 122-A) as shown on the site plan. PLANNING COMMISSION ACTION: (JANUARY 9, 1997) The staff informed the Commission that there was a mistake in notification of property owners within 200 feet of the Carriage Creek Recreation area, and that the item needed to be deferred. 61 April 3, 1997 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z -5300-A The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 20, 1997 Subdivision Agenda. A motion to that effect was made. The motion was passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) The staff informed the Commission that the applicant had requested a deferral of this item in order to work with the neighborhood to resolve their concerns. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 3, 1997 agenda. A motion to that effect was made. The motion was passed by a vote of 11 ayes and 0 nays. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) The applicant and several members of the Carriage Creek neighborhood association were present. Staff informed the Committee that the applicant was continuing to work with the neighborhood to resolve the neighborhood's concerns. Staff informed the applicant and the neighborhood representatives that if any improvements are to be added to the site plan, a revised site plan must be submitted to staff by March 24, 1997. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 3, 1997) Kim Moore, Phyllis Moore and Greg Graham were present, representing the application. Staff gave a description of the proposed revised conditional use permit and a recommendation of approval. Steve Giles, City Attorney, addressed the Commission. Mr. Giles informed the Commission that the use of the structure is not an issue. The property is zoned R-2 and the structure is being used as a single-family residence. He stated that the issue is the treatment of the remainder of the property when the one acre piece, including the April 3, 1997 SUBDIVISION ITEM NO.: D {Cont.) FILE NO.: Z -5300-A structure, is removed from it (parking, pond, sidewalk, etc.). He stated that this revision is a very limited review. Kim Moore, Carriage Creek Improvement District, addressed the Commission in favor of the application. He gave a brief history of the site. Greg Graham, attorney for First Commercial Trust, addressed the Commission. He gave a brief description of the history of the Improvement District. He stated that Chancery Court approved the sale of the structure. Phyllis Moore, owner of the one acre piece of property and the structure on it, addressed the Commission in support of the application. She stated that she leases the structure as a residence. Baker Kurrus spoke in opposition to the application. He stated that the area was originally platted as a recreation area. He also stated that the 1.02 acre lot is four times larger than the other lots in the neighborhood. Tom Husslebien spoke in opposition to the application. He stated that the proposed single-family lot should not include the parking area. Bill Elder also spoke in opposition to the application. He stated that the structure was used as a clubhouse at one time. Honey Elder spoke in opposition to the application. She stated that the people who bought property in the neighborhood did so with the understanding that the recreation area was there. Randolph Baltz also spoke in opposition to the application. Commissioner Berry asked what the parking lot would be used for. Phyllis Moore stated that she proposed to remove part of the parking lot, but she got no support from the neighborhood. There was a general discussion regarding the sale of the property, the easements proposed, and the size of the property. A motion was made to approve the revised conditional use permit as recommended by staff. The motion failed by a vote of 4 ayes, 6 nays and 1 absent. 7 in January 9, 1997 SVBD rVI S I ON ITEM NO.: G(Cont.)FILE NO.: Z -5300-A 1. The existing concrete walk that is provided for the neighborhood that would be solely in a residential lot without a pedestrian access easement. 2. The lot encumbering a portion of the lake and the dam, this lake and spillway structure will provide for stormwater detention control for the development. Now a portion of this dam and lake ���� would be within private ownership. "log,,g Staff also have concerns about the existence of the drive and parking for the tennis courts being on the private property for the house. These areas of concerns could be addressed through revised plans and easements and written agreements between the private property owner and the Neighborhood Association. 6. Utility Comments: L.R. Wastewater - Wooden deck constricted over existing sewer main located within existing sewer easement. Little Rock Wastewater will not be responsible for repair of deck should removal be required for maintenance of sewer main in the future. 7. Staff Analysis: The applicant is requesting a revised conditional use permit to convert the existing clubhouse building within the Carriage Creek Recreational area to a single-family dwelling. The property is zoned R-2. The applicant proposes to replat the residential structure into a separate single-family lot. The clubhouse is part of the existing conditional use permit for the Carriage Creek Recreational area. This item is before the Planning Commission as a result of a recent zoning enforcement action. On July 7, 1996, the Zoning enforcement staff made an inspection of the clubhouse structure. The inspection revealed that the structure was being used as a single-family residence. Thle-property had been 1 and sold Co Kim and Phyllis Moore. The Moores were renting out the property. On August 12, 1996, after attempts to contact the property owner, a courtesy notice was issued to cease the use of the clubhouse structure or apply for a revision to the conditional use permit. The enforcement action has F) J