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HomeMy WebLinkAboutZ-6345-B Staff AnalysisFILE NO.: Z -6345-B NAME: Mulkey Short -form PD -R LOCATION: Located at 208 Rose Street DEVELOPER: Lila A. Mulkey P.O. Box 251206 Little Rock, AR 72225 FNr,INFFR- Marlar Engineering 5318 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 0.17 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF R-2, Single-family with a CUP for an Accessory Dwelling Single-family with an accessory dwelling -m Three residential units VARIANCESM/AIVERS REQUESTED: None requested. BACKGROUND: On August 7, 1997, the Planning Commission approved a CUP to allow the construction of a two-story accessory dwelling with a garage on the ground floor and a 336 square foot accessory dwelling on the second floor. The applicant was going to occupy the principal dwelling and the accessory dwelling was to be used as a guest quarters only and was not be not to be rented. The structure was not built and the CUP expired. On October 21, 2004, the Planning Commission approved a CUP to allow the construction of a two-story accessory building, with the same 25 -foot by 25 -foot footprint as was approved in 1997. The structure was moved closer to the rear property line. The building did comply with the required setbacks but the coverage proposed was 40 percent, exceeding the 30 percent allowable coverage for an accessory building. In FILE NO.: Z -6345-B (Cont. addition, the approval allowed the utilization of the entire two-story structure as an accessory dwelling. (The code allows two-story construction of accessory dwellings, if the ground floor is used for a garage.) These two variances were a part of the approved site plan. The property owner proposed to live in the accessory dwelling and to rent the principal dwelling, which was also a condition of the approval. A. PROPOSAL/REQUEST: C. C E The applicant is requesting a rezoning of the site from R-3, Single-family with a Conditional Use Permit for an Accessory Dwelling to PD -R to allow three residential units on the site without the requirement of one of the units being owner occupied. The existing house was rehabbed and was converted to a duplex. A previously approved accessory dwelling has been constructed on the rear of the lot. EXISTING CONDITIONS: The principal structure is a one-story rock and brick frame duplex residence with a garage/apartment located in the rear yard area. The back yard has been concreted to provide parking_ The property shares a common drive with the property located to the south. The area is predominately residential. To the north and west are single-family and two-family residences. There is an apartment complex located across Rose Street and the Ronald McDonald House is located to the south across A Street. Along West Markham Street there are commercial, office and residential uses. Further south, across West Markham Street, is the UAMS and VA Campuses. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200 feet of the proposed site along with the Hillcrest Residents Neighborhood Association and all residents, who could be identified, located within 300 -feet of the site were notified of the Public Hearing. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. No comment. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of sewer service unknown for this property. Contact Little Rock Wastewater for details. Entergy: No comment received. Center -Point Energy: No comment received - 2 FILE NO.: Z -6345-B (Cont. F. G AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire hydrant may be required. Contact Little Rock Fire Department for more information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 5, the West Markham Route. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Single Family. The applicant has applied for a rezoning to allow three residential units to be located on the site. The request does not require a change to the Land Use Plan. Master Street Plan: Rose Street is shown as a Local Street on the Master Street Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Action Plan. As part of the Zoning and Land Use Goal, they state the need to "Create specific policy for rental property/garage apartments" and "Allow residential property to contain no more than eight dwellings per development." Landscape: 1. No comment on this residential use. BDIVISION COMMITTEE COMMENT: (November 29, 2007) Ms. Mulkey was present representing the request. Staff stated there were no outstanding technical issues associated with the request in need of addressing. Commissioner Laha stated the survey provided was more than ten years old and the applicant should consider providing a new survey for the site including all 3 FILE NO.: Z -6345-B (Cont. recent improvements. There was no further discussion of the item Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The There were no issues raised at the November 29, 2007, Subdivision Committee meeting in need of addressing. The applicant is proposing the rezoning of this site from R-3, Single-family with a Conditional Use Permit for an Accessory Dwelling to PD -R to allow three residential units on the site without the requirement of one of the units being owner occupied. The existing principal structure was recently rehabbed and was converted to a duplex during the rehab process. Previously, a CUP was approved to allow an accessory dwelling to be constructed on the rear of the lot, which has been completed. The rear yard area contains a large parking area with parking available for five to six cars. Typically a multi -family development requires one and one-half on-site parking spaces per unit. The typical parking required for three units would be four spaces. As indicated, the site contains parking for five to six vehicles. The on-site parking is more than adequate to meet the typical parking demand. The site is located in the Hillcrest Design Overlay District. There is no new exterior construction proposed with the rezoning request. Should any future construction activity occur on the site, the site must conform to the Hillcrest Design Overlay District standard. The request is to allow for rental of all the units on the site by not requiring one of the units to be owner occupied. The applicant is also proposing the allowance of separate utility meters for each of the units. Staff is supportive of the applicant's request. The proposed use is not out of character with the neighborhood, which contains a variety of housing types. The site is located across from a multi -unit apartment complex and there are a number of duplexes in the area. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 3, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 19 January 3, 2008 ITEM NO.: 11 NAME: Mulkey Short -form PD -R LOCATION: Located at 208 Rose Street DEVELOPER: Lila A. Mulkey P.O. Box 251206 Little Rock, AR 72225 ENGINEER: Marlar Engineering 5318 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 0.17 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 FILE NO.: FT. NEW STREET: 0 LF R-2, Single-family with a CUP for an Accessory Dwelling Single-family with an accessory dwelling .M Three residential units VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 7, 1997, the Planning Commission approved a CUP to allow the construction of a two-story accessory dwelling with a garage on the ground floor and a 336 square foot accessory dwelling on the second floor. The applicant was going to occupy the principal dwelling and the accessory dwelling was to be used as a guest quarters only and was not be not to be rented. The structure was not built and the CUP expired. On October 21, 2004, the Planning Commission approved a CUP to allow the construction of a two-story accessory building, with the same 25 -foot by 25 -foot footprint as was approved in 1997. The structure was moved closer to the rear property line. The building did comply with the required setbacks but the coverage proposed was 40 percent, exceeding the 30 percent allowable coverage for an accessory building. In January 3, 2008 SUBDIVISION ITEM NO.: 11 Cont. FILE NO.: Z -6345-B addition, the approval allowed the utilization of the entire two-story structure as an accessory dwelling. (The code allows two-story construction of accessory dwellings, if the ground floor is used for a garage.) These two variances were a part of the approved site plan. The property owner proposed to live in the accessory dwelling and to rent the principal dwelling, which was also a condition of the approval. A. PROPOSAL/REQUEST: The applicant is requesting a rezoning of the site from R-3, Single-family with a Conditional Use Permit for an Accessory Dwelling to PD -R to allow three residential units on the site without the requirement of one of the units being owner occupied. The existing house was rehabbed and was converted to a duplex. A previously approved accessory dwelling has been constructed on the rear of the lot. B. EXISTING CONDITIONS: The principal structure is a one-story rock and brick frame duplex residence with a garage/apartment located in the rear yard area. The back yard has been concreted to provide parking. The property shares a common drive with the property located to the south. The area is predominately residential. To the north and west are single-family and two-family residences. There is an apartment complex located across Rose Street and the Ronald McDonald House is located to the south across A Street. Along West Markham Street there are commercial, office and residential uses. Further south, across West Markham Street, is the UAMS and VA Campuses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200 feet of the proposed site along with the Hillcrest Residents Neighborhood Association and all residents, who could be identified, located within 300 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of sewer service unknown for this property. Contact Little Rock Wastewater for details. 2 January 3, 2008 SUBDIVISION ITEM NO.: 11 Cont. FILE NO.: Z -6345-B Entergy: No comment received. Center -Paint 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 De artment: Fire hydrant may be required. Contact Little Rock Fire Department for more information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 5, the West Markham Route. F. ISSUES/TECH NICALIDESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Single Family. The applicant has applied for a rezoning to allow three residential units to be located on the site. The request does not require a change to the Land Use Plan. Master Street Plan: Rose Street is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoningluse or more intensive zoning than duplexes, are considered as "Commercial Streets". These streets have a design standard the same as a Collector. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Action Plan. As part of the Zoning and Land Use Goal, they state the need to "Create specific policy for rental property/garage apartments" and "Allow residential property to contain no more than eight dwellings per development." Landscape: 1. No comment on this residential use. 3 January 3, 2008 SUBDIVISION ITEM NO.: 11 Cont. FILE NO.: Z-6345-6 G. SUBDIVISION COMMITTEE COMMENT: (November 29, 2007) Ms. Mulkey was present representing the request. Staff stated there were no outstanding technical issues associated with the request in need of addressing. Commissioner Laha stated the survey provided was more than ten years old and the applicant should consider providing a new survey for the site including all recent improvements. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the November 29, 2007, Subdivision Committee meeting in need of addressing. The applicant is proposing the rezoning of this site from R-3, Single-family with a Conditional Use Permit for an Accessory Dwelling to PD -R to allow three residential units on the site without the requirement of one of the units being owner occupied. The existing principal structure was recently rehabbed and was converted to a duplex during the rehab process, Previously, a CUP was approved to allow an accessory dwelling to be constructed on the rear of the lot, which has been completed. The rear yard area contains a large parking area with parking available for five to six cars. Typically a multi -family development requires one and one-half on-site parking spaces per unit. The typical parking required for three units would be four spaces. As indicated, the site contains parking for five to six vehicles. The on-site parking is more than adequate to meet the typical parking demand. The site is located in the Hillcrest Design Overlay District. There is no new exterior construction proposed with the rezoning request. Should any future construction activity occur on the site, the site must conform to the Hillcrest Design Overlay District standard. The request is to allow for rental of all the units on the site by not requiring one of the units to be owner occupied. The applicant is also proposing the allowance of separate utility meters for each of the units. Staff is supportive of the applicant's request. The proposed use is not out of character with the neighborhood, which contains a variety of housing types. The site is located across from a multi -unit apartment complex and there are a number of duplexes in the area. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 10 January 3, 2008 SUBDIVISION ITEM NO.: 11 Cont. FILE NO.: Z -8345-B PLANNING COMMISSION ACTION: (JANUARY 3, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 5 ITEM NO.: 11. Z -6345-B NAME: Mulkey Short -form PD -R LOCATION: located at 208 Rose Street Planninq Staff Comments: 1. Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than December 19, 2007. The Office of Planning and Development must receive the proof of notice no later than December 28, 2007. Variance/Waivers: None requested. Public Works Conditions: 1. No comments. Utilities and Fire Department/County Planning: Wastewater: Location of sewer service unknown for this property. Contact LRW for details. Entergy: No comment received. Center -Point Energy: 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: Fire hydrant may be required. Contact Little Rock Fire Department for more information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 5, the West Markham Route. Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Single Family. The applicant has applied for a rezoning to allow three residential units to be located on the site. The request does not require a change to the Land Use Plan. Item # 11. Master Street Plan: Rose Street is shown as a Local Street on the Master Street Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered Plan. As part of the Zoning and Land Use Goal, policy for rental property/garage apartments" and no more than eight dwellings per development." Landscape: by the Hillcrest Neighborhood Action they state the need to "Create specific "Allow residential property to contain 1. The site plan must comply with the City's minimum landscape and buffer ordinance requirements. 2. No comment on this residential use. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, December 5, 2007. Item # 11. City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE: November 13, 2007 TO: Hillcrest Residents Neighborhood Association ATTENTION: Mr. Scott Smith ADDRESS: P.O. Box 251121 Little Rock AR 72225 REQUEST: Mulkev Short -form PD -R Z -3345-B a request to rezone the site to allow three residential units to be located on the site. A du lex and the third unit in a garage a artment. GENERAL LOCATION OR ADDRESS OWNED BY/APPLICANT: Lila M 208 Rose Street NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning District of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on January 3, 2008 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development I.M.1 Novcinhcr 1111, 201("`f; October 21, 2004 ITEM NO.: 8 FILE NO.: Z -6345-A NAME: Mulkey Accessory Dwelling — Conditional Use Permit LOCATION: 208 Rose Street OWNERIAPPLICANT: Lila Mulkey PROPOSAL: A conditional use permit is requested to allow for construction of a two-story, accessory dwelling on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the west side of Rose Street; 1 Y2 blocks north of West Markham Street. 2, COMPATIBILITY WITH NEIGHBORHOOD:. The property is located in an area of mixed residential uses; including single family, duplexes and multifamily. Staff believes the proposed use is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hillcrest Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The existing house and proposed accessory dwelling require one on-site parking space each. The applicant proposes to extend a driveway beside the house and to have 4 parking spaces located between the structures. The parking and drive will be paved. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. October 21, 2004 ITEM NO.: 8 Cont. FILE NO.: Z -6345-A 6. UTILITY. FIRE DEPT. AND CATA COMMENTS - Wastewater: Sewer not available for accessory dwelling. Contact Little Rock Wastewater Utility for details. Entergy: Approved as submitted. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. A route is located two blocks to the south, on W. Markham Street. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004) The applicant, Lila Mulkey, was present. Staff presented the item and informed the Committee that a similar use had been approved for this site in 1997. Staff asked the applicant to provide a copy of the bill of assurance. Staff informed the Committee that variances were needed to allow the 40% rear yard coverage and to allow the two-story accessory dwelling. In response to questions from staff, Ms. Mulkey stated separate utilities were requested, all of the proposed driveway and parking area would be paved and there would be no new fencing. Gary Langlais asked who would live in the accessory dwelling. Ms. Mulkey responded that she would. Staff noted the comment from Wastewater and directed her to contact Wastewater's staff. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 208 Rose Street is currently occupied by a one- story, rock, brick and frame single family residence. On August 7, 1997, the Planning Commission approved a C.U.P. to allow construction of a two-story accessory building with a garage on the ground floor 2 October 21, 2004 ITEM NO.: 8 (Cont. FILE NO.: Z -6345-A and a 336 square foot accessory dwelling on the second floor. The applicant was going to occupy the principal dwelling and the accessory dwelling was to be used as a guest quarters only and was not to be rented. The structure was not built and the C.U.P. expired. The applicant now proposes to construct a two-story accessory building, with the same 25' X 25' footprint as was approved in 1997. The structure has been moved closer to the rear property line. Although the proposed building meets the required setbacks, it does now cover 40% of the required rear yard; exceeding the allowable 30% coverage for accessory buildings. The applicant proposes to use the entire two-story structure as an accessory dwelling. Parking will now be provided in the area between the structures. The code allows two-story construction for accessory dwellings, if the ground floor is used for a garage. The applicant is requesting variances from the area coverage limitation and to have a two-story accessory dwelling. The properly owner proposes to occupy the accessory dwelling and to continue to rent the principal dwelling. Separate utilities are requested. Staff is supportive of the requested C.U.P. The proposed use is not out of character with the neighborhood which contains a variety of housing types,- including ypes;including single family, duplexes and multifamily. The applicant will live on site. Since more than adequate parking will be provided on-site, staff is supportive of allowing the two-story accessory dwelling. There appears to be no bill of assurance issue. The applicant states she met with a representative of Wastewater and resolved their concerns. If approval is not submitted by Wastewater at the time of building permit request, no permit will be issued. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. The property owner must occupy one of the dwellings on the site. 2. Approval must be provided from Wastewater prior to approval of a building permit. 3. The paved parking and driveway must be constructed in compliance with the site plan. Staff recommends approval of variances to allow the 40% rear yard coverage and to allow the two-story accessory dwelling. Staff recommends allowing separate utilities. 3 October 21, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z -6345-A PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved. E