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HomeMy WebLinkAboutZ-6789 Staff AnalysisJanuary 20, 2000 ITEM NO.: D NAME: Hyde Park - Short -Form PRD FILE NO.: Z-6789 LOCATION: Northwest and southwest corners of Gamble Road and West Glen Drive DEVELOPER: ENGINEER: Chandler Properties, Inc. The Mehlburger Firm P. O. Box 22021 201 S. Izard Street Little Rock, AR 72221 Little Rock, AR 72201 AREA: 1.603 acres NUMBER OF LOTS: 6 FT. NEW STREET: 0 ZONING: R-2 ALLOWED USES: Single Family residential PROPOSED USE: Patio homes VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSED/REQUEST: The applicant proposes to rezone the property from R-2 to PRD to allow for a 16 -unit patio home (condo -type) development. The proposed development consists of seven (7) buildings, five (5) of the buildings will be two -unit building with one (1) five -unit structure and one (1) single unit structure. Phase I of the proposed development will consist of the property on the north side of West Glen Drive. There will be four (4) buildings constructed in this phase, the five - unit structure and three (3) two -unit buildings. These units will have rear loading garages which will be accessed by an alley, with one (1) drive onto Gamble Road and one (1) from West Glen Drive. January 20, 2000 ITEM NO.: D (Cont.) FILE NO.: Z-6789 Phase II will consist of the two (2) two -unit structures and the single unit structure on the south side of West Glen Drive. The individual units will have front loading garages with access to West Glen Drive. The applicant has noted that the units will be sold individually, with the land remaining as common ownership. The proposed buildings and drives are noted on the attached site plan. The property involved in this proposed development includes Lots 20, 21, 40 and 64-68 of the West Hampton Subdivision. The applicant will replat Lots 64-67 into two (2) lots as part of this application. The applicant is also proposing two (2) ground -mounted signs for this development, one at each the northwest and southwest corners of West Glen Drive and Gamble Road. Each sign will be 1 foot by 5 feet in size and placed on a brick wall which will be 4 feet high by 5 feet long. The applicant has also filed a Land Use Plan amendment for this property (Item 16.1) on this agenda. B. EXISTING CONDITIONS: The property is vacant and mostly clear of trees. There is an auto towing business and two single family residences immediately north of this site, along the south side of Kanis Road. There are single family residences to the east across Gamble Road. Undeveloped property is located immediately south of this site, with single family residences further south. There is undeveloped property immediately west of this site, a portion of which appears to be occupied by an auto salvage operation. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood. The Gibralter Heights/Point West/Timber Ridge and Parkway Place Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Redesign entrance to proposed homes. Rear access from alley to majority homes will be required. 2. Property frontage needs to have the sidewalks and ramps 2 January 20, 2000 ITEM NO.: D (Cont. E. F. FILE NO.: Z-6789 brought up to the current ADA standards. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Stormwater detention ordinance applies to this property. 5. Existing topographic information at maximum five foot contour interval 100 base flood elevation is required. 6. A Sketch Grading and Draining Plan per Sec. 29-186(e) is required. 7. A Grading Permit per Secs. 29-186(c) and (d) is required. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment received. Arkla : No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: Place fire hydrants per city code. Contact Dennis Free at 918-3752 for details. County Plannin : No Comment. CATA: Site is not currently served by CATA though Route #5 is near. Approved for transit purposes. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Ellis Mountain Planning District. The current Land Use Plan shows Single Family. The proposed PRD would be an intensity change. Low Density Residential would be more appropriate for this request. City Recognized Neighborhood Action Plan: This area is not covered by a city recognized neighborhood plan. Landscape Issues: No Comment. G. ANALYSIS: The applicant submitted a revised site plan to staff on December 15, 1999. The revised site plan addresses the concerns as raised by staff and the Subdivision Committee. The applicant has noted sign locations and an 8 foot 3 January 20, 2000 ITEM NO.: D (Cont.) FILE NO.: Z-6789 screening fence (along the north and west property lines to screen a towing business and auto salvage) on the revised plan as requested by staff. The applicant has also shown a rear alley access to the 11 units on the north side of West Glen Drive as requested by Public Works. Otherwise, to staff's knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed PRD will have no adverse effects on the surrounding property. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PRD zoning subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2. A replat for Lots 64-67 must be filed and recorded prior to a building permit being issued. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 1999) Frank Riggins, Michael Watson and Rodney Chandler were present, representing the application. Staff briefly described the proposed PRD. The primary topic of discussion was the proposed access to the individual units. Public Works expressed concern with having a separate drive access for each unit. It was suggested to the applicant to have a rear alley -type access for the units on the north side of West Glen Dr. This issue was briefly discussed. Mr. Chandler noted that a small rear yard was desired for each unit, and providing a rear access would take away from the rear yard. Staff suggested pulling the buildings forward, toward the street, with a 15 foot setback. Mr. Chandler noted that he would explore having a shared drive arrangement in front of the units. After the discussion, the Committee forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (JANUARY 6, 2000) Staff informed the Commission that the applicant submitted a letter on January 6, 2000 requesting that this item be deferred 4 January 20, 2000 ' ITEM NO.: D (Cont.) FILE NO.: Z-6789 to the January 20, 2000 agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive the bylaws and accept the deferral request being made less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 20, 2000 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (JANUARY 20, 2000) The staff presented a positive recommendation on this application, as there were no further issues for resolution. Staff informed the Commission that the applicant would construct a six (6) foot wood screening fence along the north and west property lines rather than an eight (8) foot fence as was previously discussed and recommended by staff. Staff supported the six (6) foot screening fence. There were no objectors present. 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 7 ayes, 0 nays and 4 absent. 5 FILE NO.: Z-6789 NAME: Hyde Park - Short -Form PRD LOCATION: Northwest and southwest corners of Gamble Road and West Glen Drive DEVELOPER: Chandler Properties, Inc. P. O. Box 22021 Little Rock, AR 72221 ENGINEER: The Mehlburger Firm 201 S. Izard Street Little Rock, AR 72201 AREA: 1.603 acres NUMBER OF LOTS: 6 FT. NEW STREET: 0 ZONING: R-2 ALLOWED USES: Single Family residential PROPOSED USE: Patio homes VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSED/REQUEST: The applicant proposes to rezone the property from R-2 to PRD to allow for a 16 -unit patio home (condo -type) development. The proposed development consists of seven (7) buildings, five (5) of the buildings will be two -unit building with one (1) five -unit structure and one (1) single unit structure. Phase I of the proposed development will consist of the property on the north side of West Glen Drive. There will be four (4) buildings constructed in this phase, the five - unit structure and three (3) two -unit buildings. These units will have rear loading garages which will be accessed by an alley, with one (1) drive onto Gamble Road and one (1) from West Glen Drive. Phase II will consist of the two (2) two -unit structures and the single unit structure on the south side of West Glen Drive. The individual units will have front loading FILE NO.: Z-6789 (Cont.) garages with access to West Glen Drive. The applicant has noted that the units will be sold individually, with the land remaining as common ownership. The proposed buildings and drives are noted on the attached site plan. The property involved in this proposed development includes Lots 20, 21, 40 and 64-68 of the West Hampton Subdivision. The applicant will replat Lots 64-67 into two (2) lots as part of this application. The applicant is also proposing two (2) ground -mounted signs for this development, one at each the northwest and southwest corners of West Glen Drive and Gamble Road. Each sign will be 1 foot by 5 feet in size and placed on a brick wall which will be 4 feet high by 5 feet long. The applicant has also filed a Land Use Plan amendment for this property (Item 16.1) on this agenda. B. EXISTING CONDITIONS: The property is vacant and mostly clear of trees. There is an auto towing business and two single family residences immediately north of this site, along the south side of Kanis Road. There are single family residences to the east across Gamble Road. Undeveloped property is located immediately south of this site, with single family residences further south. There is undeveloped property immediately west of this site, a portion of which appears to be occupied by an auto salvage operation. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood. The Gibralter Heights/Point West/Timber Ridge and Parkway Place Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Redesign entrance to proposed homes. Rear access from alley to majority homes will be required. 2. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Stormwater detention ordinance applies to this property. `� FILE NO.: Z-6789 (Cont. 5.Existing topographic information at maximum five foot contour interval 100 base flood elevation is required. 6.A Sketch Grading and Draining Plan per Sec. 29-186(e) is required. 7.A Grading Permit per Secs. 29-186(c) and (d) is required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: Place fire hydrants per city code. Contact Dennis Free at 918-3752 for details. County Plannin : No Comment. CATA: Site is not currently served by CATA though Route #5 is near. Approved for transit purposes. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Ellis Mountain Planning District. The current Land Use Plan shows Single Family. The proposed PRD would be an intensity change. Low Density Residential would be more appropriate for this request. City Recognized Neighborhood Action Plan: This area is not covered by a city recognized neighborhood plan. Landscape Issues: No Comment. G. ANALYSIS: The applicant submitted a revised site plan to staff on December 15, 1999. The revised site plan addresses the concerns as raised by staff and the Subdivision Committee. The applicant has noted sign locations and an 8 foot screening fence (along the north and west property lines to screen a towing business and auto salvage) on the revised plan as requested by staff. The applicant has also shown a rear alley access to the 11 units on the north side of West Glen Drive as requested by Public Works. 3 FILE NO.: Z-6789 (Cont. Otherwise, to staff's knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed PRD will have no adverse effects on the surrounding property. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PRD zoning subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2. A replat for Lots 64-67 must be filed and recorded prior to a building permit being issued. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 1999) Frank Riggins, Michael Watson and Rodney Chandler were present, representing the application. Staff briefly described the proposed PRD. The primary topic of discussion was the proposed access to the individual units. Public Works expressed concern with having a separate drive access for each unit. It was suggested to the applicant to have a rear alley -type access for the units on the north side of West Glen Dr. This issue was briefly discussed. Mr. Chandler noted that a small rear yard was desired for each unit, and providing a rear access would take away from the rear yard. Staff suggested pulling the buildings forward, toward the street, with a 15 foot setback. Mr. Chandler noted that he would explore having a shared drive arrangement in front of the units. After the discussion, the Committee forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (JANUARY 6, 2000) Staff informed the Commission that the applicant submitted a letter on January 6, 2000 requesting that this item be deferred to the January 20, 2000 agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive the bylaws and accept the deferral request being made less than five (5) working days prior to the public hearing. 4 FILE NO.: Z-6789 (Cont.) The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 20, 2000 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (JANUARY 20, 2000) The staff presented a positive recommendation on this application, as there were no further issues for resolution. Staff informed the Commission that the applicant would construct a six (6) foot wood screening fence along the north and west property lines rather than an eight (8) foot fence as was previously discussed and recommended by staff. Staff supported the six (6) foot screening fence. There were no objectors present. 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 7 ayes, 0 nays and 4 absent. 5 February 14, 2002 ITEM NO.: 9 NAME: Hyde Park Short -Form PRD - Revocation FILE NO.: Z-6789 LOCATION: Along the north and south sides of Westglen-Drive, west of Gamble Road CURRENT PROPERTY OWNERS: ERC Properties, Inc.; Cornerstone Development; Rebecca Botos and Martha Holter; Barbara Bird; Jing Yi Wang and Yan Huang; Jessica Collard; Kristie Hightower ORIGINAL APPLICANT: AREA: 1.603 acres Chandler Properties, Inc. NUMBER OF LOTS: 8 FT. NEW STREET: 0 CURRENT ZONING: PRD ORIGINAL ZONING: R-2 STAFF REPORT: On February 15, 2000, Ordinance No. 18,213 was passed by the Board of Directors rezoning 8 Lots of the Westhampton Subdivision from "R-2" Single Family to "PRD". The proposal was to develop the site as a 16 -unit patio home (condo type) development. The proposed development consisted of seven buildings. Five of the buildings were to contain two units each, one building was to contain five units and one was to be a single unit structure. The properties were owned by Cornerstone Development who had authorized the potential developer, Chandler Properties, to act as their agent. After the PRD zoning was approved, the developer chose not to do the project and the deal between Chandler and Cornerstone was negated. However, the PRD zoning remained. Cornerstone, who states they were not aware the PRD zoning was in effect since the proposed development was called -off, proceeded to build single family homes on the lots. -Due to an error in the permitting process, zoning approval was given for February 14, 2002 SUBDIVISION ITEM NO.: 9 (Cont. FILE NO.: Z-6789 construction of single family homes on the lots although the properties were no longer zoned single family. Six of the eight lots have been sold and single family homes have been constructed on five of the lots and are now occupied by the new owners. The issue finally came to light when Cornerstone applied for a permit to build a single family home on the sixth lot. Since the 16 unit patio home development never occurred and single family homes have been built on the lots, it is necessary to revoke the PRD and to return the property to R-2, Single Family. Section 36-458 of the Code states: (a) Causes for revocation as enforcement action. The planning commission may recommend to the board of directors that any PUD or PD approval be revoked and all building or occupancy permits be voided under the following circumstances: (1) If the applicant has not submitted a final development plan to the staff as provided in this article. Where an optional staged development plan is utilized, the board may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) If no building permit has been issued within the time allowed. (3) If the applicant does not adhere to the phased development schedule as stated in the approved preliminary plan. (4) If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Staff believes there clearly is cause for revocation of the PRD. All current owners of the lots have been advised of this action. kA February 14, 2002 SUBDIVISION ITEM NO.: 9 (Cont. STAFF RECOMMENDATION: FILE NO.: Z-6789 Staff recommends that Ordinance No. 18,213 be repealed and the Hyde Park Short -Form PRD be revoked, restoring the previous R-2 zoning. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2002) There were no persons present to speak either for or against the item. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved by a vote of 11 ayes, 0 noes and 0 absent. 3