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HomeMy WebLinkAboutZ-6766 Staff AnalysisJanuary 6, 2000 ITEM NO.: A FILE NO.: Z-6766 NAME: Lindsey - Short -Form PD -R LOCATION: 3524 W. Capital Avenue DEVELOPER: Jeffrey Lindsey 3524 West Capitol Avenue Little Rock, AR 72205 AREA: 0.15 acre SURVEYOR: Donald W. Brooks NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-3 ALLOWED USES: Single Family residential PROPOSED USE: VARIANCES/WAIVERS REQUESTED: A. PROPOSAL/REQUEST: Rooming, lodging and boarding facility None requested. The applicant proposes to rezone the property at 3524 West Capitol Avenue from R-3 to PD -R to allow for the use of the existing 2,600 square foot, two story structure as a rooming, lodging and boarding facility for a total of five (5) persons. The property owner will live in the residence and rent rooms to a maximum of four (4) individuals. The residents will share a single kitchen facility and two (2) bathrooms. The applicant has noted that there will be no physical changes in the existing structure beyond the repair and cleaning that has been underway since the property was purchased. The applicant proposes to maintain the single family appearance and function (single kitchen, etc.) of the existing residential structure and would like to maintain the possibility of selling the structure at some future point to a single family. Therefore, the applicant is requesting single family residential in addition to the January 6, 2000 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: Z-6766 proposed rooming, lodging and boarding facility as a permitted use under the requested PD -R. The zoning ordinance definition of a single family is as follows: "Family means, in addition to customary domestic servants, either: (1) An individual or two (2) or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or (2) A group of not more than four (4) persons who are not related by blood, marriage or adoption, living together as a common household in a dwelling unit." Due to the fact that the applicant is proposing to utilize the structure as a residence for five (5) unrelated persons, a rezoning is requested for his specific rooming, lodging and boarding facility use. The Zoning Ordinance definition of a rooming, lodging and boarding facility is as follows: "Rooming, lodging and boarding facility means a building or establishment which provides for more than four (4) but fewer than sixteen (16) persons and may provide meal service. The building or facility shall be so arranged as to permit passage between all living elements such as dining, kitchen and bathrooms. Detached units or private access accommodations are not permitted." B. EXISTING CONDITIONS: The property contains an existing two-story rock, frame and stucco structure. There is an existing access drive from Valentine Street and a small area of parking (not paved) within the north one-half of the property. The general area contains a number of single family residences with a scattering of two family residential uses. The property at the southwest corner of West Capitol Avenue and Valentine Street is zoned PD -R and was approved in 1997 to convert the single family structure into a triplex. 2 January 6, 2000 SUBDIVISION ITEM NO.: A (Cont. C. NEIGHBORHOOD COMMENTS: FILE NO.: Z-6766 As of this writing, staff has received no comment from the neighborhood. The Capitol View Stifft Station and Hillcrest Neighborhood Associations were notified of the public hearing. D.• ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of sewer service for this property unknown. Contact Little Rock Wastewater Utility for details. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell:. No Comment received. Water : - No Comment. Fire Department: No Comment. Count Plannin : No Comment. CATA: Site is served by CATA Route #5; approved for transit purposes. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the I-630 Planning District. The Land Use Plan currently shows Single Family for this location. The proposed residential use is consistent with the current land use category. City Recognized Neighborhood Action Plan: The Woodruff Neighborhood Area Plan recommends preservation of Single Family residential uses in the neighborhood. 3 January 6, 2000 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6766 Landsca a Issues: No Comment. G. ANALYSIS: As noted in paragraph A. of this report, the applicant is proposing to rezone the property to PD -R in order to allow five (5) unrelated persons to reside in the existing single family structure, functioning as a common household. There is an existing drive from Valentine Street with an area of existing non -paved parking at the rear of the building where a carport structure once stood. To staff's knowledge, there are no outstanding issues associated with the proposed rezoning. Based on the fact that the rooming, lodging and boarding facility is for a maximum of only five (5) persons and that the owner proposes to maintain the single family residential characteristic of the property, staff feels that the proposed PD -R will have no adverse effect on the general area. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PD -R zoning subject to the following conditions: 1. Compliance with the Public Works Conditions. 2. The rooming, lodging and boarding facility use will be for a maximum of five (5) persons. 3. Single family residential will be a permitted use under the PD -R zoning. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 21, 1999) The applicant was not present. Staff gave a brief description of the proposed PD -R. The Committee briefly discussed the proposal. There being no outstanding issues for discussion, the Committee forwarded the PD -R to the full Commission for final action. 4 January 6, 2000 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6766 PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Jeffrey Lindsey was present, representing the application. Staff briefly described the proposed PD -R rezoning. Jim Lawson, Director of Planning and Development, noted that a letter of opposition was sent to staff by Robert Hamilton of the Capital View - Stifft Station Neighborhood Association. Mr. Lindsey addressed the Commission in support of the application and discussed the proposed use of the property. He noted that he screens all proposed renters. Commissioner Hawn noted that the PD -R should be approved only if the property owner lived in the structure. He asked Mr. Lindsey if he would agree to this condition being placed on the application. Mr. Lindsey stated that he would prefer not to have that condition placed on the PD -R. He stated that he would establish a live-in manager for the property if he moves out. Commissioner Hawn stated that a deferral would be in order and would allow Mr. Lindsey an opportunity to meet with the neighborhood. Commissioner Nunnley objected to the possibility of a deferral. Commissioner Nunnley stated that a previous developer was not required to go back to the neighborhood (referring to Item 12 - Union Rescue Mission - Short -Form POD), and this developer should not be required to either. He stated that this appears to be a legitimate development and should be approved. Mr. Lindsey stated that he had spoken with the neighbors in the area and that none of them expressed a concern with the proposed use. He stated that he could not afford to take additional time off work to attend additional meetings. Commissioner Nunnley again objected to the possibility of a deferral, referring to the Union Rescue Mission item. Commissioner Hawn noted that the applicant for Item 12 did meet with the neighborhood. 5 January 6, 2000 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6766 Commissioner Nunnley stated that considering a deferral on this item was a "double standard." There was discussion regarding conditioning the application on having the property owner or manager live in the residential structure. There was a motion to defer the application to the January 6, 2000 agenda. The motion passed by a vote of 5 ayes, 4 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (JANUARY 6, 2000) Staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. Staff added the following conditions to the PD -R (in addition to the conditions noted in paragraph H.): 1. The PD -R zoning will run with Jeffery Lindsey as property owner only. 2. Mr. Lindsey, the property owner, or a property manager will reside in one of the five (5) bedrooms. 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 11 ayes and 0 nays. 6 FILE NO.: Z-6766 NAME: Lindsey - Short -Form PD -R LOCATION: 3524 W. Capital Avenue DEVELOPER: Jeffrey Lindsey 3524 West Capitol Avenue Little Rock, AR 72205 AREA: 0.15 acre SURVEYOR: Donald W. Brooks NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-3 ALLOWED USES: Single Family residential PROPOSED USE: Rooming, lodging and boarding facility VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 3524 West Capitol Avenue from R-3 to PD -R to allow for the use of the existing 2,600 square foot, two story structure as a rooming, lodging and boarding facility for a total of five (5) persons. The property owner will live in the residence and rent rooms to a maximum of four (4) individuals. The residents will share a single kitchen facility and two (2) bathrooms. The applicant has noted that there will be no physical changes in the existing structure beyond the repair and cleaning that has been underway since the property was purchased. The applicant proposes to maintain the single family appearance and function (single kitchen, etc.) of the existing residential structure and would like to maintain the possibility of selling the structure at some future point to a single family. Therefore, the applicant is requesting single family residential in addition to the FILE NO.: Z-6766 (Cont. proposed rooming, lodging and boarding facility as a permitted use under the requested PD -R. The zoning ordinance definition of a single family is as follows: "Family means, in addition to customary domestic servants, either: (1) An individual or two (2) or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or (2) A group of not more than four (4) persons who are not related by blood, marriage or adoption, living together as a common household in a dwelling unit." Due to the fact that the applicant is proposing to utilize the structure as a residence for five (5) unrelated persons, a rezoning is requested for his specific rooming, lodging and boarding facility use. The Zoning Ordinance definition of a rooming, lodging and boarding facility is as follows: "Rooming, lodging and boarding facility means a building or establishment which provides for more than four (4) but fewer than sixteen (16) persons and may provide meal service. The building or facility shall be so arranged as to permit passage between all living elements such as dining, kitchen and bathrooms. Detached units or private access accommodations are not permitted." B. EXISTING CONDITIONS: The property contains an existing two-story rock, frame and stucco structure. There is an existing access drive from Valentine Street and a small area of parking (not paved) within the north one-half of the property. The general area contains a number of single family residences with a scattering of two family residential uses. The property at the southwest corner of West Capitol Avenue and Valentine Street is zoned PD -R and was approved in 1997 to convert the single family structure into a triplex. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood. The Capitol View Stifft Station and 2 FILE NO.: Z-6766 (Cont.) Hillcrest Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of sewer service for this property unknown. Contact Little Rock Wastewater Utility for details. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: No Comment. County Plannin : No Comment. CATA: Site is served by CATA Route #5; approved for transit purposes. F. ISSUES/TECHNICAL/DESIGN: Plannina Division: This request is in the I-630 Planning District. The Land Use Plan currently shows Single Family for this location. The proposed residential use is consistent with the current land use category. City Recognized Neighborhood Action Plan: The Woodruff Neighborhood Area Plan recommends preservation of Single Family residential uses in the neighborhood. Landscape Issues: No Comment. G. ANALYSIS: As noted in paragraph A. of this report, the applicant is proposing to rezone the property to PD -R in order to allow five (5) unrelated persons to reside in the existing single family structure, functioning as a common household. There 3 FILE NO.: Z-6766 (Cont.) is an existing drive from Valentine Street with an area of existing non -paved parking at the rear of the building where a carport structure once stood. To staff's knowledge, there are no outstanding issues associated with the proposed rezoning. Based on the fact that the rooming, lodging and boarding facility is for a maximum of only five (5) persons and that the owner proposes to maintain the single family residential characteristic of the property, staff feels that the proposed PD -R will have no adverse effect on the general area. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PD -R zoning subject to the following conditions: 1. Compliance with the Public Works Conditions. 2. The rooming, lodging and boarding facility use will be for a maximum of five (5) persons. 3. Single family residential will be a permitted use under the PD -R zoning. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 21, 1999) The applicant was not present. Staff gave a brief description of the proposed PD -R. The Committee briefly discussed the proposal. There being no outstanding issues for discussion, the Committee forwarded the PD -R to the full Commission for final action. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Jeffrey Lindsey was present, representing the application. Staff briefly described the proposed PD -R rezoning. Jim Lawson, Director of Planning and Development, noted that a letter of opposition was sent to staff by Robert Hamilton of the Capital View - Stifft Station Neighborhood Association. Mr. Lindsey addressed the Commission in support of the application and discussed the proposed use of the property. He noted that he screens all proposed renters. 4 FILE NO.: Z-6766 (Cont.) Commissioner Hawn noted that the PD -R should be approved only if the property owner lived in the structure. He asked Mr. Lindsey if he would agree to this condition being placed on the application. Mr. Lindsey stated that he would prefer not to have that condition placed on the PD -R. He stated that he would establish a live-in manager for the property if he moves out. Commissioner Hawn stated that a deferral would be in order and would allow Mr. Lindsey an opportunity to meet with the neighborhood. Commissioner Nunnley objected to the possibility of a deferral. Commissioner Nunnley stated that a previous developer was not required to go back to the neighborhood (referring to Item 12 - Union Rescue Mission - Short -Form POD), and this developer should not be required to either. He stated that this appears to be a legitimate development and should be approved. Mr. Lindsey stated that he had spoken with the neighbors in the area and that none of them expressed a concern with the proposed use. He stated that he could not afford to take additional time off work to attend additional meetings. Commissioner Nunnley again objected to the possibility of a deferral, referring to the Union Rescue Mission item. Commissioner Hawn noted that the applicant for Item 12 did meet with the neighborhood. Commissioner Nunnley stated that considering a deferral on this item was a "double standard." There was discussion regarding conditioning the application on having the property owner or manager live in the residential structure. There was a motion to defer the application to the January 6, 2000 agenda. The motion passed by a vote of 5 ayes, 4 nays, 1 absent and 1 open position. 5 FILE NO.: Z-6766 (Cont. PLANNING COMMISSION ACTION: (JANUARY 6, 2000) Staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. Staff added the following conditions to the PD -R (in addition to the conditions noted in paragraph H.): 1.The PD -R zoning will run with Jeffery Lindsey as property owner only. 2. Mr. Lindsey, the property owner, or a property manager will reside in one of the five (5) bedrooms. 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 11 ayes and 0 nays. 11