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HomeMy WebLinkAboutZ-5757 Staff Analysisf4ovember 16, 1993 ITEM NO.: 13 FILE NO.: Z-5757, Z -5757-A, and S-999 NAME: OHOLENDT -- SHORT -FORM PLANNED RESIDENTIAL DEVELOPMENT DISTRICT STAFF UPDATE• Applicant amended the request to change from a request for establishment of a PRD to a request for approval of a 3 -lot preliminary plat and a conditional use for placement of a double -wide manufactured home. The preliminary plat "S" number is "S-999". The conditional use "Z" number is "Z -5757-A". LOCATION: At the south-east corner of Nash Lane and Mathys Lane at 9919-9921-9925 Nash Lane DEVELOPER• ROBERT, BILLIE, & MARK OHOLENDT 9921 Nash Lane Little Rock, AR 72103 455-2759 AREA: 2.398 ACRES NUMBER OF LOTS: 3 ZONING: R-2 PROPOSED USE PLANNING DISTRICT: 15 CENSUS TRACT: 41.04 FT. NEW STREET• 0 Single-family Residential VARIANCES REQUEST : Waiver from the requirement to provide street and sidewalk improvements along Nash Lane. Waiver from the regulation which restricts platting of pipe -stem lots. STATEMENT OF PROPOSAL: The applicant proposes a Planned Residential Development District in order to construct a third home on their acreage. Proposed is the addition of a pre -manufactured double -wide home at the rear of the property facing a private drive known as Mathys Lane. No improvements to Nash Lane or to the other two structures on the tract are proposed. A. PROP SAL RE [LEST : Review by the Planning Commission and approval by the Board of Directors is requested for the establishment of a PRD in order for the applicants to place on their family-owned November 16, 1993 ITEM NO.: 13 Cont. FILE NO.: Z-5757, Z -5757-A and -999 property a third home for their youngest son and his family's use. Requested is approval of the placement of a double -wide, pre -manufactured home at the rear of the property, with access to the home to be by way of a private drive off Nash Lane. No modifications to the existing two residences, or improvements to Nash Lane are anticipated. B. EXISTING CONDITIONS: The site is in a rural setting, and is zoned R-2. The tract has not been subdivided and remains in acreage. The zoning in the vicinity is all R-2, with similar rural residential uses prevalent. C. ENGINEERING/UTILITY COMMENTS: The City Engineering office comments that improvements on Nash Lane to Master Street Plan standards is required. Construction on one-half of Nash Lane, with a sidewalk are required. Water Works reports that a water main extension will be required. A pro -rata acreage charge of $150 per acre, with a $50 per lot minimum, applies in addition to the normal connection fee. Wastewater reports that sewer service is available. Arkansas Power & Light approved the submittal without comment. ARKLA Gas approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUES/LEGALITECHNICAL/1]ESIGhI: A complete survey of the entire site which shows the locations of structures, drives, etc. is needed. The property should be platted, with the required certifications, exhibits, and information. The Planning Staff reports that the proposed PRD is in the Geyer Springs West District, and the area is recommended for single-family use. As long as the density proposed is that of the R-2 single family district, the request is in conformance with the Land Use Plan. E. ANALYSIS: The establishment of the PRD is a means of combining a site plan review for multiple buildings on a single tract, the required conditional use review for a double -wide 2 Rovember 16, 1993 ITEM NO.: 13 Cont_ FILE NO.: Z-5757 Z -5757-A and S-999 pre -manufactured home, and platting of property which has not previously been platted. The single-family character of the site is not changed, since three residences occupy 2.398 acres, or, nearly 0.8 acres per dwelling unit. This is well above the requirement for the R-2 zoning. The needed modification to the request is the creation of three individual lots in the platting process. Each of the two rear lots could front on Mathys Lane, but this would require establishment of a platted access easement and improvements to Mathys Lane as a very minimum. Alternatively, each of the two rear lots could be platted as "pipe stem" lots with minimum frontage on Nash Lane. F. STAFF RECOMMENDATIONS: Staff recommends approval of the application with the stipulation that the property be properly platted and that the double -wide pre -manufactured home be placed as required by the City Codes. SUBDIVISION COMMITTEE COMMENT: (October 28, 1993) The applicants, Mr. and Mrs. Oholendt, were present. Staff outlined the request. The Oholendts presented their request to the Committee, and responded to the Staff concerns in the discussion outline. They indicated that they would contact Staff the following morning to review the requirements. After a brief discussion, the Committee referred the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (November 16, 1993) Staff presented the item and reported that the applicants had asked to amend their application to change it from a PRD application to a preliminary plat review and a conditional use application for placement of a double -wide manufactured home on the site. Staff explained that the applicants had originally indicated that they did not want to subdivide the property; that the acreage is a family tract and they did not want to divide it or sell off portions of the tract; that the additional home proposed to be added to the acreage was for their son and his family. Staff explained further that, in order to plat the acreage as one lot, review the site for multiple homes on the property, and seek approval for the manufactured home as the third home on the property, the PRD was selected. However, the applicants have now presented a preliminary plat which divides the property into three lots, and, by way of "pipe -stems" from 3 November 16, 1993 ITEM NO.: 13 Cont. FILE ND.: 5757 5757-A and 5--999 the two rear/eastern-most lots, all lots have frontage on Nash Lane. No PRD is needed. Instead, the application is amended to seek approval of the preliminary plat and a conditional use for the manufactured home. In addition to the waiver indicated in the application from the requirement for street improvements on Nash Lane, a waiver will need to be approved by the Board of Directors for the creation of the pipe -stem lots which are disallowed by the Subdivision Regulations. Staff reported that the proposed manufactured home is shown to be located 10 feet off the west lot line and 200 feet off the east property line and located on a 1.2 acre lot in the proposed subdivision. Mr. Robert Oholendt, the applicant, was present. Mr. Tom Tunnell, representing the Pinedale Cove Neighborhood Association, the subdivision immediately to the east and abutting the proposed Oholendt subdivision, was present. Mr. Oholendt confirmed staff's representation of his amended request. He stated that he and his wife had bought the acreage 20 years ago, thinking that they would have enough land for their family to develop home sites as the family grew. He indicated that he was perplexed by the restrictions imposed and by the limitations on his use of his property. He related that the home he currently lives in was not a site -built home, but was moved onto the property. The proposed new manufactured home would not be that dissimilar to that home. Mr. Tom Tunnell addressed the Commission, indicating that he and other residents of Pinedale Cove were opposed to the placing of the manufactured home on the property. He stated that staff had clarified the Oholendt's request, and had related that the Oholendts had amended their request to seek approval of a preliminary plat and conditional use for the home. He stated that he and the Pinedale Cove neighborhood had no objection to the subdivision, but that they were opposed td the placing of the manufactured home on the site. He presented a petition containing 45 names representing 31 properties in Pinedale Cove objecting to the placement of the manufactured home on the Oholendts property. He related that the Pinedale Cove homes are permanent homes, and that the placement of the manufactured home on the abutting land would lower their property values. Commissioners McDaniel and Nicholson sought clarification from the City Attorney concerning the City's limitations on regulation of manufactured homes. Deputy City Attorney Steve Giles responded. He stated that, since 1978, local jurisdictions have not been able to discriminate against manufactured homes. Federal regulations have been in place which set standards for manufactured homes, and, as long as such homes meet federal standards, local jurisdictions may not prohibit their placement within the jurisdiction. Local jurisdictions are prohibited from 4 November 16, 1993 ITEM NO.: 13 Cont. FILE NO.: Z--5757 Z -5757-A and 5-999 regulating the type of construction to require homes to be "stick -built" or "site -build" homes. Local jurisdictions, can, however, set conditions for the placement of manufactured homes. The City has set standards for the roofing and roof pitch of manufactured homes, the type of underskirting, vehicle parking, landscaping, and orientation on the site. Mr. Tunnell complained that subdivisions in west Little Rock would not allow manufactured homes in their subdivisions, and that south-west Little Rock should have the same protection. Mr. Giles responded that the control of manufactured homes in a subdivision may be controlled by a subdivision Bill of Assurance; that the west Little Rock subdivisions cited by Mr. Tunnell evidently had such restrictions. Mr. Tunnell responded that the Bill of Assurance of the Pinedale Cove subdivision does, in fact, have the same restriction, but that the Oholendts' property is not in their subdivision. The Pinedale Cove subdivision residents do not want the manufactured home within site of their homes. Following the lengthy discussion, a motion was made and seconded to approve the preliminary plat and the conditional use for the manufactured home. The motion carried with the vote of 9 ayes, no nays, 1 absent, no abstentions, and 1 open position. 5