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HomeMy WebLinkAboutZ-6265 Staff AnalysisJune 26, 1997 ITEM NO.: E FILE NO.: Z-6265 NAME: Wynne Rezoning Short -Form PD -O . LOCATION: 2107 Maryland Street DEVELOPER: Victor Wynn 2107 Maryland Street Little Rock, AR 72205 AREA: 5,500 sq. ft. NUMBER OF LOTS: 2 ZONING: Existing R-3 PROPOSED USES: Proposed PD -0 PLANNING DISTRICT: Central City District CENSUS TRACT: 10 VARIANCESIWAIVERSIREQUESTED: None BACKGROUND: FT. NEW STREET: 0 Real Estate Office Mr. Victor Wynn applied a rezoning for property located at 2107 Maryland from R-3 to 0-1. A public hearing was heard on this item by the Planning Commission on March 6, 1997. The Commission voted to amend the application to a Planned Development and defer the item to May 15, 1997. The motion was approved by a vote of 7 ayes, 2 noes and 2 absent. The applicant requested a deferral to June 26, 1997 to acquire adjacent property for an off-street parking lot. A. PROPOSAL: The applicant wishes to utilize an approximately 830 square foot single story wood frame structure for a real estate office. A handicap parking space will be provided next to structure with access to Maryland. A parking lot will be provided on an adjacent lot with access to Schiller Street. B. EXISTING CONDITIONS: The applicant is currently utilizing the small wood frame house as a real estate office. Dorcus House is located to the northwest. Children's Hospital is two blocks to the June 26, 1997 SUBDIVISION TEM NO.: E Cont. FILE NO.: Z-6265 east. There are several abandoned homes in the neighborhood. There are also many vacant lots. Some of these properties are owned by Children's Hospital. C. NEIGHBORHOOD COMMENTS: The Capitol Hill Neighborhood Association was notified of this proposed rezoning. Staff has received no public comments. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Consult Traffic Engineer to redesign proposal to eliminate backing out into Schiller Street. 2. Where will the handicap accessible parking be provided? 3. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards with any planned construction. 4. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. 5. Repair of curb and gutter and/or sidewalk damaged during or prior to construction. E. UTILITIES AND FIRE DEPARTMENT: wastewater: Sewer available, not adversely affected. AP&L: Approved. Arkla: OK Southwestern Bell: Approved. Water: No objections. Fire Department: Approved. CATA: No transmitted. F. ISSUES/TECHNICAL/DESIGN: Lan,dsca e: No requirements. Issues: ® Provide lighting and signage plan for building and parking lot. r Redesign the parking lot to meet Public Works and Planning Department requirements. Planning Division: The land use plan shows Single Family for this site and the surrounding blocks. This area has faced encroachment from 2 June 26, 1997 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-6265 Arkansas Children's Hospital and other area institutions. There is strong neighborhood support for preserving the existing single family in the area, and the City of Little Rock has invested itself in the effort to preserve the single family character of the neighborhood. A PD -O is in conflict with the Land Use Plan. G. ANALYSIS• The proposed rezoning to PD -O is in conflict with the Single Family designation of the Land Use Plan. The use of this site for Office would further erode the residential portion of the neighborhood. H. STAFF RECOMMENDATIONS: DENIAL of the rezoning request. If the Planning Commission approves the PD -O zoning, staff feels the Land Use Plan designation should not be changed from Single Family. If approved conditions in paragraphs D, E and F of this report should be adopted. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Victor Wynn presented the proposed rezoning to the Committee. He indicated that he was trying to acquire an adjacent parcel to be used as a parking lot. The item was forwarded to the Planning Commission meeting of May 15, 1997 for consideration. PLANNING COMMISSION ACTION: (MAY 15, 1997) This item was included in the Consent Deferral Agenda. Motion to defer item to June 26, 1997. Motion passed with 10 ayes, 0 nays and 1 -absent. PLANNING COMMISSION ACTION: (JUNE 26, 1997) The staff presented the staff report. Victor Wynn explained that he had provided off-street parking as previously requested by the Commission. Commissioner Daniel asked Mr. Wynn to change the proposed location of the handicap building access. Commissioner Brandon asked if the existing landscaping would remain. Mr. Wynn said it would. There was no other discussion. Motion to approve the rezoning to PD -O while leaving the Land Use Plan as Single Family. Motion passed with 8 ayes, 0 nays, and 3 absent. 3 FILE NO.: Z-6265 NAME: Wynne Rezoning Short -Form PD -O LOCATION: 2107 Maryland Street DEVELOPER: victor Wynn 2107 Maryland Street Little Rock, AR 72205 AREA: 5,500 sq. ft. NUMBER OF LOTS: 2 ZONING: Existing R-3 PROPOSED USES: Proposed PD -O PLANNING DISTRICT: Central City District CENSUS TRACT: 10 VARIANCES/WAIVERS/REQUESTED: None BACKGROUND: FT. NEW STREET: 0 Real Estate Office Mr. victor Wynn applied a rezoning for property located at 2107 Maryland from R-3 to 0-1. A public hearing was heard on this item by the Planning Commission on March 6, 1997. The Commission voted to amend the application to a Planned Development and defer the item to May 15, 1997. The motion was approved by a vote of 7 ayes, 2 noes and 2 absent. The applicant requested a deferral to June 26, 1997 to acquire adjacent property for an off-street parking lot. A. PROPOSAL: The applicant wishes to utilize an approximately 830 square foot single story wood frame structure for a real estate office. A handicap parking space will be provided next to structure with access to Maryland. A parking lot will be provided on an adjacent lot with access to Schiller Street. B. EXISTING CONDITIONS: The applicant is currently utilizing the small wood frame house as a real estate office. Dorcus House is located to the northwest. Children's Hospital is two blocks to the east. There are several abandoned homes in the FILE NO.: Z-6265 (Cont. neighborhood. There are also many vacant lots. Some of these properties are owned by Children's Hospital. C. NEIGHBORHOOD COMMENTS: The Capitol Hill Neighborhood Association was notified of this proposed rezoning. Staff has received no public comments. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Consult Traffic Engineer to redesign proposal to eliminate backing out into Schiller Street. 2. Where will the handicap accessible parking be provided? 3. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards with any planned construction. 4. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. 5. Repair of curb and gutter and/or sidewalk damaged during or prior to construction. E. UTILITIES ANI] FIRE DEPARTMENT: Wastewater: Sewer available, AP&L: Approved. Arkla: OK Southwestern Bell: Approved. Water: No objections. Fire Department: Approved. CATA: No transmitted. F. ISSUES/TECHNICAL/DESIGN: Landscape: No requirements. Issues: • Provide lighting and parking lot. • Redesign the parking Planning Department Planning Division: not adversely affected. signage plan for building and lot to meet Public Works and requirements. The land use plan shows Single Family for this site and the surrounding blocks. This area has faced encroachment from Arkansas Children's Hospital and other area institutions. There is strong neighborhood support for preserving the existing single family in the area, and the City of Little Rock has invested itself in the effort to preserve the K FILE NO.: Z-6265 Cont. single family character of the neighborhood. A PD -0 is in conflict with the Land Use Plan. G. ANALYSIS• The proposed rezoning to PD -0 is in conflict with the Single Family designation of the Land Use Plan. The use of this site for Office would further erode the residential portion of the neighborhood. H. STAFF RECOMMENDATIONS: DENIAL of the rezoning request. If the Planning Commission approves the PD -0 zoning, staff feels the Land Use Plan designation should not be changed from Single Family. If approved conditions in paragraphs D, E and F of this report should be adopted. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) victor Wynn presented the proposed rezoning to the Committee. He indicated that he was trying to acquire an adjacent parcel to be used as a parking lot. The item was forwarded to the Planning Commission meeting of May 15, 1997 for consideration. PLANNING COMMISSION ACTION: (MAY 15, 1997) This item was included in the Consent Deferral Agenda. Motion to defer item to June 26, 1997. Motion passed with 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (JUNE 26, 1997) The staff presented the staff report. victor Wynn explained that he had provided off-street parking as previously requested by the Commission. Commissioner Daniel asked Mr. Wynn to change the proposed location of the handicap building access. Commissioner Brandon asked if the existing landscaping would remain. Mr. Wynn said it would. There was no other discussion. Motion to approve the rezoning to PD -0 while leaving the Land Use Plan as Single Family. Motion passed with 8 ayes, 0 nays, and 3 absent. 3 March 6, 1997 ITEM NO.: 2 Z-626 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: victor Wynn victor Wynn 2107 Maryland Rezone from R-3 to 0-1 Convert existing structure into real estate office 0.08± acres Single Family residence SURROUNDING LAND USE AND ZONING North - Single Family residences; zoned R-3 and R-4, Dorcas House; zoned PRD South - Single Family residences; zoned R-3 East - Single Family residences; zoned R-3 West - Single Family residence; zoned R-3 PUBLIC WORKS COMMEN'T'S Construct Sidewalk on Frontage as required by ordinance for commercial frontages. LAND USE ELEMENT The request is in the Central City District. The adopted Land Use Plan recommends single family use. The request is for quiet office. The existing land use pattern has changed over the last several years. Children's Hospital has removed much residential use to the East (as well as some nonresidential uses). The Plan had envisioned Children's Hospital and other office uses occurring between Martin Luther King Drive and Summit. However, Children's Hospital has continued to acquire property to Schiller. This means that the change to single family use envisioned by the plan occurs one block further to the west. In addition, Children's Hospital has seen fit to place large surface parking lots in this added area. A surface parking lot is not a single family friendly use. A small scale office (such as the 01 zone intends) is a more single family friendly use. March 6, 1997 ITEM NO.: 2 Z-6265(Cont.) Unfortunately, the request if approved would further endanger another block of single family use. The requested zone is mid -block of Schiller and Park. This is over a block west of the Office/Commercial area around Children's Hospital as proposed by the Plan. Due to the heavy industrial uses just a few blocks to the West, care must be given to any more loss of residential. The City at the request of the neighborhoods reviewed the zoning and land use pattern in 1991. At that time there was strong support to preserve the single family character of the area. As part of this review this lot and many others in the area were rezoned to R3 (single family) from R4 (duplex). One of the model blocks (Park and Dennison Streets) is only a block and a half away. This area is within the City's target area for infill single family. The Housing & Neighborhood Programs Department through a new housing initiative intends to construct new $50,000-$120,000 homes in the area. The change from single family to quiet office does not seem in keeping with the City's attempts to preserve the area for single family use. Staff can not at this time support any further loss of residential in the area. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. A bus route is located along Battery Street, two blocks to the east, and West 12th Street, three blocks to the south. STAFF ANALYSIS The request before the Commission is to rezone this lot from "R-3" Single Family to "0-1" Quiet Office District. The site is occupied by a small, one-story brick and frame residential structure. The applicant proposes to convert this structure into an office for a real estate business. The site is located on the northern fringe of an older residential neighborhood that can best be described as "fragile." Properties in the neighborhood are primarily zoned R-3 and R-4 and the predominant use is older, single family homes. Many homes in the area are in a state of extreme disrepair and have been boarded up. It appears that other homes have been removed, leaving vacant residentially zoned lots. This neighborhood is also receiving pressure from the expanding activities of Arkansas Children's Hospital, located to the east. The hospital has recently constructed a new parking lot on the property to the northeast, across Maryland Avenue. The Dorcas House, another institutional use is located across Maryland Avenue to the northwest. Staff is concerned that allowing the 2 March 6, 1997 ITEM NO.: 2 Z-6265 (Cont.) proposed office use at this site would further endanger the status of this residential neighborhood. It must be noted that the zoning and land use pattern was reviewed in this neighborhood in 1991. The neighborhood voiced strong support to preserve the single family character of the area. One result of this review was the rezoning of many properties in the area from R-4 two-family to R-3 single family. The City has invested itself in this effort to preserve and further develop the single family character of the neighborhood. One of the City's "model block" programs is located just to the west of this site and this area has been targeted by the City for infill single family development. Staff believes allowing the proposed 0-1 zoning would potentially erode the City's efforts in this direction. Conversion of the residence into an office use would require the construction of properly paved and landscaped parking spaces and driveway. Doing so on this small (36 foot by 102 foot) lot would be very difficult if not impossible. STAFF RECOMMENDATION Staff recommends denial of the requested 0-1 zoning. PLANNING COMMISSION ACTION: (MARCH 6, 1997) The applicant, Victor Wynn, was present. There were no objectors present. The Commission was informed that Jessie St. Clair, of 2109 Maryland, had called in opposition to the rezoning request. Staff presented the item and a recommendation of denial. Mr. Wynn addressed the Commission in support of his application. He stated that he wanted to be a good neighbor and that he would provide on site parking. In response to a question from Commissioner Berry, Tony Bozynski the Assistant Director of Planning and Development addressed the City's efforts to strengthen the single family character of the neighborhood. Mr. Bozynski stated that this one lot spot zoning would be detrimental to those efforts. Commissioner Berry asked about Children's Hospital's impact on the neighborhood. Mr. Bozynski acknowledged that the hospital had an impact on the area and that staff is working with the hospital to lessen that impact. 3 March 6, 1997 ITEM NO.: 2 Z-6265 (Cont. There was then a discussion of other nonresidential uses in the area. Mr. Wynn noted that there were several vacant residential lots and vacant residences in the area. He also noted that Children's Hospital was continuing to expand into the neighborhood. Commissioner Woods asked how far Children's Hospital had extended into the area. He stated that the hospital was spreading like a "cancer" into the area. He stated that he felt Children's was being allowed to expand into the residential area when other individuals, such as Mr. Wynn, were not. Dana Carney, of the Planning Staff, responded that the City had made the same arguments with Children's that had been made to Mr. Wynn. He stated that staff was working very diligently with Children's to try to develop a plan that had some reason behind it and protected the adjacent single family neighborhood. He stated that the majority of the hospital development was located east of Summit Street with the exception of one parking lot located between Maryland and I-630, east of Schiller Street. In response to a question from Commissioner McCarthy, Mr. Carney stated that there were not a lot of owner -occupied residences in close proximity to Mr. Wynn's property. Mr. Carney stated that he was not sure that allowing the proposed 0-1 zoning would help the situation. In response to a question from Commissioner Brandon, Mr. Wynn stated that he planned to convert the existing house into an office and to construct three parking spaces on the site. Mr. Carney interjected that parking was not allowed in the front yard of 0-1 zoned properties and that there was not room between the house and the side property line to access parking in the back yard. Mr. Carney concluded that no on-site parking could be developed on the property to conform to code requirements. The Commission then looked at a copy of Mr. Wynn's survey and concluded that there was not room for a driveway to the rear yard. At the request of Commissioner Putnam, Mr. Carney informed the Commission of the names of the remaining property owners in the block, based on the ownership list provided by an abstract company to Mr. Wynn. Mr. Wynn stated that there was adequate on -street parking available in the area. Mr. Bozynski stated that parking had to be provided on-site. 4 March 6, 1997 ITEM NO.: 2 Z-6265 Cont. In response to a question from Chairman Lichty, Mr. Bozynski again stated that this property fell within an area targeted by the City for infill single-family residential development. Mr. Bozynski stated that staff's position would be the same with Children's Hospital if the hospital requested rezoning of this property. Commissioner Brandon asked if the application could be amended to a Planned Development. Chairman Lichty responded that it could. Commissioner Daniel asked if a Planned Development could allow parking in the front. Mr. Carney responded that the 0-1 district had the parking prohibition and that the Commission could approve a parking layout through a Planned Development. Chairman Lichty stated that this was a tough issue to address and that he was sympathetic to Mr. Wynn's case. In response to a question from Commissioner Putnam, Mr. Carney stated that the application could be amended to a Planned Development. Mr. Carney stated that it would have to be deferred to an appropriate Subdivision docket and go through the Subdivision Committee. Chairman Lichty asked what staff's recommendation would be if the item were amended to a Planned Development. Mr. Bozynski responded that staff would still recommend denial because the use would still be Office in a residential neighborhood. In response to a question from Commissioner Woods, Mr. Carney stated that the hospital parking lot at the northeast corner of Maryland and Schiller was approved by the Board of Adjustment and did not involve rezoning the property. At Commissioner McCarthy's request, Tony Bozynski discussed the funding and timing of the City's Model Block Program. Mr. Bozynski stated that the process involved neighborhood residents and other interested parties including developers and large institutional uses. Commissioner Daniel asked Mr. Wynn if he would consider amending the application to a Planned Development. Mr. Wynn responded that he would. Mr. Carney stated that he felt it only fair to inform the applicant that staff would, in all probability, not support a PD -0 at this location. He stated that it would still be an office use proposed in an area that is residential. Mr. Carney stated that site limitations would prohibit on site parking that conformed to code requirements. 5 March 6, 1997 ITEM NO.: 2 Z-6265 Cont. There was then further discussion of amending the application to a Planned Development. It was noted that through that process, Mr. Wynn could request approval of on street parking. There was a motion to amend the application to a Planned Development and defer the item to the May 15, 1997 Commission meeting. The motion was approved by a vote of 7 ayes, 2 noes and 2 absent. 6