HomeMy WebLinkAboutZ-6120-O Staff AnalysisJULY 2, 2020
ITEM NO.: 1
File No.: Z-6120-0
Owner: Panther Branch, LLC
Applicant: White Daters & Assoc., Inc.
Address: 14201 Kanis Road
Legal Description: Part of the SE1/4 of Sec. 6, T -1-N, R -13W, Pulaski County, AR,
containing 1.60 Acres, more or less.
Zoned: C-1
Present Use: Undeveloped
Proposed Use: Multi -family residential
Variance Requested: Variance request from height and area provisions of Section 36-
299 to allow increased multi -family residential building height,
and reduced side yard setback in a C-1 district.
Justification: The applicant's justification is presented in attached letter dated
May 19, 2020.
STAFF REPORT
A. Engineering Issues:
No Comments.
B. Landscape and Buffer issues:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. Property is zoned differently from the adjacent south and west properties and
would normally require screening and buffers adjacent to properties of a more
restrictive nature. Due to the expansion of the existing development to the west
into the subject property Staff recommends the continuation of the fence and
landscape standards of the original development.
3. All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets. Any trash receptacles or pickup shall be
oriented away from a primary street side of the property and screened from the
public right-of-way.
JULY 2, 2020
ITEM NO.. 1 CON'T. Z-6120-0
4. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C. Staff Analysis:
The C-1 zoned property is located at 14201 Kanis Road (subject site) is
undeveloped and contiguous with, and under the same ownership as, the fully
developed PD -R zoned property immediately west. The subject site is generally
flat and lies at a similar elevation as surrounding terrain. Access to the proposed
structure will occur internally via existing driveway on Kanis Road and on Panther
Branch Drive. The 1.6 -acre subject site is unplatted.
The application proposes to construct a 30 -unit apartment building generally
identical to the seven (7) existing dwelling structures on Lots 1 and 2, Panther
Branch Subdivision, immediately west. 49 new parking stalls will be constructed to
accommodate additional residents and guests. The proposed expansion will
generally complete the partially developed corner created by the intersection of
Kanis and Copper Orbit Roads. Access from public streets will remain unaltered.
Section 36-299(d) Height Regulations
Section 36-299(d) states, "No building hereafter erected or structurally altered shall
exceed a height of twenty-five (25) feet."
The proposed 35 -foot height for the new building on the subject site exceeds the 25 -
foot height normally allowed in the C-1 district. However, the proposed building will
conform with the existing seven buildings in the adjacent PD -R district, of which the
subject site is a component, all of which are 35 feet in height.
Section 36-299(e)[2] Side Yard
While the 25 -foot setback lines along Kanis Rd. to the north and Cooper Orbit Rd.
to the south will be unimpeded, the typically required 8 -foot interior side yard setback
in the C-1 district will be encroached upon by the proposed building.
Section 36-299(e)(2) states, "A side yard is not required, except where abutting
residential districts; then there shall be a side yard on that side of the building having
minimum width of ten (10) percent of the average width of the lot, not to exceed eight
(8) feet."
The proposed side yard setback encroachment will occur on the interior of the overall
development, between identical uses, on property under unified ownership. No
discernable impact upon adjacent properties will be created by reducing the side
yard setback.
Staff views the two variance requests as reasonable and is supportive for the above -
stated reasons.
2
JULY 02, 2020
ITEM NO.: 1 CON'T. Z-6120-0
D. Staff Recommendation:
Staff recommends approval of the requested/submitted height and setback
variances, subject to compliance with the Landscape and Buffer requirements
noted in paragraph B of the Staff Report.
Board of Adjustment
(July 02, 2020)
The applicant was present. There were three (3) objectors present via webex. Staff
presented the application with a recommendation of approval.
Melanie Strigel addressed the Board in opposition of the application. She expressed
concerns related to the intersection of Kanis Road and Cooper Orbit Road, specifically a
traffic light to decrease accidents at the intersection. She also expressed concerns
related to flooding along Cooper Orbit Road. Chairman Frank Allison reminded
objectors that traffic and flooding concerns shall be addressed at time of building permit
and not discussed during Board of Adjustment Meeting.
Ingemann Strigel addressed the Board in opposition of the application. He expressed
concerns related to the intersection of Kanis Road and Cooper Orbit Road, specifically a
traffic light to decrease accidents at the intersection. He also expressed concerns
related to flooding along Cooper Orbit Road. Chairman Frank Allison reminded
objectors that traffic and flooding concerns shall be addressed at time of building permit
and not discussed during Board of Adjustment Meeting.
Crystal Sparks addressed the Board in opposition of the application. Much of her
concerns were inaudible due to technical issues however a portion was audible in which
she expressed concerns for traffic backing up and flooding concerns. Chairman Frank
Allison reminded her traffic and flooding concerns shall be addressed at time of building
permit and not Board of Adjustment Meeting.
There was a motion to approve the application as recommended by staff, including all
staff comments and conditions. The item was seconded. The vote was 4 ayes, 0 noes
and 1 absent. The application was approved.