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HomeMy WebLinkAboutZ-7450 Staff AnalysisAugust 7, 2003 ITEM NO.: 18 FILE NO.: Z-7450 NAME: Collins Accessory Dwelling — Conditional Use Permit LOCATION: 13151 Cantrell Road OWN ERIAPPLICANT: George E. Collins, Jr. PROPOSAL: A conditional use permit is requested to allow for placement of a residential structure on this .346 acre tract as an accessory dwelling. The property is zoned R-2. 1. SITE LOCATION: The site is located on the south side of Cantrell Road, east of the Pankey Community; at the southeast corner of Cantrell Road and Crockett Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located just east of a sparsely developed portion of the Pankey neighborhood. An office building is adjacent to the east and another, larger office development was recently approved beyond that. A large, multifamily community is located to the south. Undeveloped, R-2 zoned property is located to the north. The density of the development proposed is such that each home site will have an area slightly larger than the typical lot in Pankey. The adopted Land Use Plan recommends Transition for this site which supports single family, multifamily or office uses. The proposed use of this .346 acre tract for two homes should be compatible with uses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet and the Pankey Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The existing residence is accessed via a gravel driveway off of the Crockett Street right-of-way. The right-of-way itself contains only a gravel drive that serves the applicant's property and two other homes. The existing residence has ample parking and a new two -car parking pad will be constructed for the accessory dwelling. 4. SCREENING AND BUFFERS: None required. August 7, 2003 NO.: 18 (Cont.) FILE NO.: Z-7450 5. PUBLIC WORKS COMMENTS: 1. Crockett Street is not currently maintained by the City. Solid Waste collection is provided on Highway 10. 6_ UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments received. SUBDIVISION COMMITTEE COMMENT: (JULY 17, 2003) The applicant, George Collins, was present. Staff presented the item and noted additional information was needed regarding building height and setbacks, building square footage and whether separate utilities were requested. Staff noted that the proposed accessory dwelling appeared larger than the existing residence and the property owner was not going to occupy either dwelling. In response to questions from the Committee, Mr. Collins stated the dwellings would likely be occupied by employees of his landscape company/nursery. Mr. Collins stated he would specify the maximum number of persons who could occupy each dwelling. Public Works Comments were noted. The applicant was advised to respond to staff issues by July 23, 2003. The Committee then forwarded the item to the full Commission. 2 August 7, 2003 ITEM NO.: 18 (Cont. STAFF ANALYSIS: FILE NO.: Z-7450 The 0.346 acre, R-2 zoned tract located at 13,151 Cantrell Road is currently occupied by a 1,466 square foot, one-story, frame, single-family residence. The property is adjacent to but not within the Pankey Subdivision. The property is not covered by a bill of assurance. The owner of the property proposes to relocate a 1,404 square foot, one-story, frame, single-family residence from Pinnacle Valley Road onto this site to serve as an accessory dwelling. The applicant, who owns Arkansas Garden Center at 15603 Cantrell Road, proposes to make the two residences available for employees of his business. Each residence is proposed to be occupied by a single family, not to exceed 5 family members. Separate utilities are requested for each dwelling. The applicant will not occupy either dwelling, as is required in the R-2 district. Staff is supportive of the request. Although the proposal is not a traditional accessory dwelling development, staff believes the proposed use is compatible with uses and zoning in the area. The density proposed by the applicant equates to approximately 6 units per acre which is compatible with the density of the adjacent Pankey Subdivision. The style of home proposed is also compatible with the neighborhood. Properties to the east are developing as office and a large, multifamily development is located to the south. The River Mountain District Land Use Plan recommends Transition for this site which would allow for its use as single family, multifamily or office, if appropriately zoned. On July 23, 2003, the applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the approved site plan. 2. Each dwelling is to be occupied only by a single family not to exceed 5 persons (as proposed by the applicant). Staff recommends approval of a variance to allow neither dwelling to be occupied by the property owner. Staff recommends approval of the request to allow separate utilities. 3 August 7, 2003 ITEM NO.: 18 Cont. FILE NO.: Z-7450 PLANNING COMMISSION ACTION: (AUGUST 7, 2003) The applicant was present. There was one (1) person present in opposition. Staff briefly described the application with a recommendation of approval, subject to the conditions noted on page 3 of the agenda report. Chairman Nunnley asked staff about the requested variance. Staff noted that Section 36-252 of the City's Zoning Ordinance required that one (1) of the two (2) dwellings on the property be occupied by the property owner. J. H. Penney addressed the Commission in opposition to the application. He expressed concern that the dwellings would not be used as single family dwellings and occupied by more persons than was allowed. George E. Collins, Jr., property owner, addressed the Commission in support of the application. He briefly described the house to be moved onto the property. He noted that the property was in an area of transition (City's Land Use Plan) along Cantrell Road. He explained the need to have housing for his employees closer to his landscape business. Commissioner Floyd noted that the driveway to this property from Cantrell Road extended out of the Crockett Street right-of-way and onto the property to the west. He stated that if the conditional use permit was approved, the driveway should be moved to within the right-of-way. This issue was briefly discussed. Mr. Collins noted that there was a large oak tree in the right-of-way area which he wished not to remove. Mr. Collins stated that he could obtain permission from the property owner to the west to leave the drive at its present location. Vice -Chairman Rahman discussed the issue of the property owner not living in one (1) of the dwellings. Commissioner Faust asked if a condition could be placed on the variance, tying it to the property owner. Cindy Dawson, City Attorney, stated that a condition could be placed on the application. This issue was briefly discussed. Chairman Nunnley expressed concern that approval of this application would set a precedence for other accessory dwelling applications. There was additional discussion related to the ownership issue. Mr. Collins noted that the application would be amended as follows: 1. Written agreement must be obtained from the property owner to the west to leave the access drive from Cantrell Road in its current location, or the drive would be located entirely in the Crockett Street right-of-way. 0 August 7, 2003 ITEM NO.: 18 Cont. FILE NO.: Z-7450 2. The variance from Section 36-252 would run with George E. Collins, Jr. as property owner or one of his immediate family members as an heir. If the property sells to a non-member of Mr. Collins' immediately family, the new owner must occupy one (1) of the dwellings. There was a motion to approve the conditional use permit as amended by the applicant and recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 5