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HomeMy WebLinkAboutZ-7898-C Staff AnalysisMay 30, 2013 ITEM NO.: 15 NAME: Cross Street Elderly Housing Revised Short -form PD -R LOCATION: Located at 1012 and 1022 Cross Street DEVELOPER: Clarshun Beyah 1903 Marshall Street P.O. Box 166002 Little Rock, AR 72216 CI IRV9:V(1R- Dee Wilson P.O. Box 604 North Little Rock, AR 72215-0604 ARCHITECT: Kwendeche, AIA 2124 Rice Street Little Rock, AR 72202 FILE NO.: Z -7898-C AREA: 0.51 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PD -R ALLOWED USES: Three Duplex Units PROPOSED ZONING: Revised PD -R PROPOSED USE: Remove the age restriction requirement VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,406 adopted by the Little Rock Board of Directors on September 20, 2005, established Cross Street Elderly Housing Short -form PD -R. The applicant proposed the rezoning of three lots located on the northwest corner of 11th Street and May 30, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z -7898-C Cross Streets from R-4 to PD -R to allow the development of four units of elderly housing contained in two duplex structures. Only persons 55 and older may be considered as potential residents. The development would occur on two of the lots with the remaining lot being left vacant for future development. The applicant indicated single-family or two family as possible future uses for the vacant lot. A tenant vegetable garden was proposed as a part of the development. Ordinance No. 19,612 adopted by the Little Rock Board of Directors on October 17, 2006, revised the previously approved PD -R to allow a small portion of the site to be removed from the overall approval area. The property was a 42.5 -foot by 64 -foot area located along the eastern portion of the site. The approved site plan indicated this area as a tenant vegetable garden for the residents of the duplex units. The property owner located to the north of the garden area was seeking to purchase this land area and include the area in their existing lot through a replat. All other portions of the PD -R would remain as were previously approved. None of the development previously approved had occurred. Ordinance No. 19,875 adopted by the Little Rock Board of Directors on December 4, 2007, allowed a revision to the PD -R zoning to establish the building footprint for the third lot. The applicant indicated the construction of a third duplex on the lot. The building footprint and construction materials would match the previously approved buildings. A. PROPOSAUREQUESPAPPLICANT'S STATEMENT: The applicant is proposing to remove the age restriction requirement for the proposed units. The applicant is requesting to accommodate any age group of occupant. The initial agreement with the City was to limit the age of the occupants to 55 years and older. The applicant states the reason for the change is the contactor did not construct the units wheelchair or handicapped accessible therefore elderly persons with special needs cannot rent the units. All other conditions of the previous approval continue to apply. B. EXISTING CONDITIONS: One of the buildings has been constructed. The remainder of the site is vacant and grass covered. The site is located in an area, which is predominately single-family with a scattering of two family homes. Most of the homes appear to be occupied with only one or two being boarded. The area appears to be a stable residential neighborhood. Other uses in the area include a church, an elementary school, office and commercial uses all located to the northeast and northwest of the site along West 10th Street abutting 1-630. I% May 30, 2013 SUBDIVISION ITEM NO.: 15 Cont. FILE NO.: Z -7898-C C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200 -feet of the site along with the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Cross Street and W 11th Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has no objection. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water if additional fire protection or metered water service is required. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. 3 May 30, 2013 SUBDIVISION ITEM NO.: 15 Cont. FILE NO.: Z -7898-C F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a revision to the existing PDR (Planned District Residential) zoning to remove the age requirement on the housing for this site. Master Street Plan: Both Cross and 11 th Streets are shown as Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets 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 shown in the immediate vicinity. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) The applicant was not present. Staff presented an overview stating there were no outstanding technical issues associated with the request. 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 outstanding technical issues associated with the request in need of addressing raised at the May 8, 2013, Subdivision Committee meeting. As noted the previous approval restricted the rental of the units to persons 55 and older. The age was classified as elderly as defined by the Federal Government. The applicant is proposing to remove the age restriction requirement for the proposed rental of the units. One of the units has been constructed. The applicant is requesting to remove the age restriction because the contactor did not construct the unit wheelchair or handicapped accessible. This limits the number of elderly persons who can live in the unit. Any potential renters with special needs cannot move about in the unit. ILI May 30, 2013 SUBDIVISION ITEM NO.: 15 Cont. FILE NO.: Z -7898-C Staff is supportive of the request. The area is a mix of single-family and duplex units. Just to the north of this site is office and commercial zoning and uses. Staff does not feel the removal of the age restriction for the duplex units will significantly impact the area. All other conditions of the previous approval continue to apply. STAFF RECOMMENDATION: 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: (MAY 30, 2013) The applicant was present. There were 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. The applicant addressed the Commission on the request. She stated the contractor did not construct the duplex unit ADA accessible and so far she had been unable to rent the unit to elderly persons. She stated she was requesting the removal of the age restriction to allow her to rent the units to any age group. Ms. Victoria Roque addressed the Commission in opposition of the request. She stated she was the property manager for properties in the area near Cross and Ringo Streets. She stated she did not want the age restriction requirement removed. She stated the exterior of the building would easily allow for modifications to allow accessibility to the unit. She stated she was not sure of the interior but felt there could be modifications to the interior as well that would offer the unit as ADA accessible. She requested the Commission not remove the age restriction requirement for the development. Mr. Curtis Johnson addressed the Commission in opposition of the request. He stated his home was at 1108 S. Cross Street. He stated he purchased his home in 2006 and was putting the home back together. Mr. Johnson stated there was a great diversity in the neighborhood from persons 87 to a single parent with two (2) children. He stated the only areas the neighborhood had issues with residents were the homes that were rental. He stated if a resident did not have any "skin in the game" there was not much to get them to do right. He requested the Commission maintain the age limit of 55 plus. He stated there were persons who were 55 plus who did not need a unit with wheelchair access. He stated he felt limiting the age to 55 plus was appropriate for the area. 5 May 30, 2013 SUBDIVISION ITEM NO.: 15 (Cont. FILE NO.: Z - Mr. Thomas Russell addressed the Commission in opposition of the request. He stated his parents lived across the street from the development. He stated his parents had lived in the area for 60 plus years. He stated he felt the age limit should be maintained. He stated in 2005 when the development was approved his mother and sister came before the Commission and requested the approval not be granted. He stated he felt removing the age restriction would be a detriment to the neighborhood and impact the stability and the safety of the residents. He requested the Commission deny the request. The applicant addressed the Commission stating the interior of the building was not constructed to allow wheelchair access. She stated the bathroom was small, the hallways and doorways were narrow and the cabinets were high. She stated she had been unable to rent the units to persons of the previously agreed to age. She stated the contractor did not finish the units according to plans. She stated it was not possible at this point to convert the units to make them accessible. There was a general discussion by the Commission and the applicant concerning the units and the need to remove the age restriction. Commissioner Nunnley stated he did not feel removing the age restriction was appropriate for this site. Commissioner Pierce stated there were persons 55 and older who did not need a unit which was accessible. The Commission questioned if the applicant would employ the services of a leasing agent. The applicant stated she would employee a leasing agent to manage the duplexes. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion failed by a vote of 0 ayes, 7 noes, 3 absent and 1 open position. L ITEM NO.: 15. Z_ NAME: Cross Street Elderly Housing Revised Short -form PD -R LOCATION: located at 1012 and 1022 Cross Street Plannina Staff Comments: 1. Provide notification of property owners located within 200 -feet of the site including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than May 15, 2013. The Office of Planning and Development must receive the proof of notice no later than May 24, 2013. 2. The previous approval limited the age of residents to 55+. The current request is to eliminate the age restriction for the proposed units. Variance/Waivers: None requested. Public Works Conditions: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Cross Street and W 11th Street. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: Entergy has no objection. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water if additional fire protection or metered water service is required. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. Item # 15. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route Parks and Recreation: No comment received. Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a revision to the existing PDR (Planned District Residential) zoning to remove the age requirement on the housing for this site. Master Street Plan: Both Cross and 11th Streets are shown as Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets 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 shown in the immediate vicinity. Landscape: No comment. 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, May 15, 2013. Item # 15.