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HomeMy WebLinkAboutZ-8067 Staff AnalysisFILE NO.: Z-8067 Owner: Betts Real Estate Enterprises, Inc. Applicant: Craig Betts Location: 2016 Durwood Road Area: 0.19 Acre Request: Rezone from R-2 to R-4 Purpose: Duplex Existing Use: Vacant building (being remodeled) SURROUNDING LAND USE AND ZONING 0 North — Single family residences and two-family residences (duplexes) Along Pine Valley Road, Blackwood Road and Durwood Road; zoned R-2 and R-4 South — Single family and two-family residences (across Durwood Road); zoned R-2 and R-4 East — Single family residences; zoned R-2 West — Two-family residences/along north side of Durwood Road); zoned R-4 PUBLIC WORKS COMMENTS: No Comments. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Bus Route #1 (Pulaski Heights Route) runs along Dickson Ridge to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Height sand Normandy - Shannon Neighborhood Associations were notified of the public hearing. FILE NO.: Z-8067 CON'T D. LAND USE ELEMENT: This request is located in the West Little Rock Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning of one lot from R-2 Single Family District to R-4 Two Family District. The applicant is just rebuilding a fire -damaged duplex, so there is really no change in the actual use of this lot. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. There are existing duplexes in the immediate vicinity and also scattered throughout the neighborhood. Master Street Plan: Durwood Road is shown as a Local Street on the Master Street Plan. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: A Class 3 Bike Route is shown adjacent to Durwood Road on Pine Valley Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Betts Real Estate Enterprises, Inc., owner of the 0.19 acre property located at 2016 Durwood Road, is requesting to rezone the property from "R-2" Single Family District to "R-4" Two -Family District. The rezoning is proposed in order to utilize the existing residential structure as a duplex. There is currently a one-story residential structure with basement level located on the property. The structure has previously been used as a duplex for over 30 years, with one (1) living unit on each level. The property has had a nonconforming R-4 zoning status based on the past use. The structure was recently damaged by a fire. Based on the fact that the structure was damaged beyond 50 percent of the replacement cost, the nonconforming zoning status was lost. Therefore, the applicant is required to rezone the property to R-4 in order to continue using it as a duplex. The owner is currently in the process of repairing the structure. If the rezoning request is not approved, the structure will be used as a single family residence. All surrounding properties contain single family or two-family residences. There are five (5) duplex structures immediately to the west along the north side of Durwood Road. There are two (2) duplexes and a single family structure across Durwood Road to the south. Single family residences are located to the east. Single family residences are also 2 FILE NO.: Z-8067 (CON'T) located to the north along the south side of Pine Valley Road, with duplexes further north along Blackwood Road. The City's Future Land Use Plan designates this property as Single Family. Based on the past use of the property, the requested R-4 zoning does not necessitate a change to the Land Use Plan. Staff is supportive of the requested rezoning. Staff views the request as reasonable given the surrounding uses and zoning and the past use of the property. The property immediately west is zoned R-4, as is the lot across Durwood Road to the southeast and many of the lots to the north along Blackwood and Durwood Roads. The structure on this property has a history of being used as a duplex. This duplex has been a part of the neighborhood for over 30 years. The structure was being used as a duplex at the time of the recent fire. Staff feels the requested rezoning of the lot to R-4 is appropriate, and the continued use of the structure as a duplex will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (JULY 6, 2006) Craig Betts was present, requesting the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval. Craig Betts addressed the Commission in support of the application . He explained that the structure was being built back to the same style as before the fire. He described other duplexes in the area. He noted that there was a shared driveway between this property and the property immediately west, by way of an easement filed in 1955. Marsha Holder, representing The Kingwood Place/Queen Manor Neighborhood Association, addressed the Commission in opposition. She explained that there were existing duplexes in the area, and that her association did not support additional two- family uses. She noted that the property had been unsightly for some time. She also noted that the property should have been enforced on for an illegal duplex use some time ago. Mr. Betts explained that the structure is being built back to a higher quality than before the fire. Commissioner Meyer asked if parking would be allowed in the yard. Mr. Betts noted that the front yard would be sodded after the building reconstruction is finished and that parking would not be allowed in the yard. Vice - 3 FILE NO.: Z-8067 (CON'T) Chairman Taylor asked Mr. Betts if he would live in one of the units. Mr. Betts stated that he would not. The issue of placing a condition on the rezoning regarding no parking in the front yard was briefly discussed. Staff noted that the applicant could offer the condition, but that Staff nor the Commission could impose any conditions. Mr. Betts briefly described the recent fire damage to the structure. There was additional discussion regarding the parking issue. Mr. Betts stated that he would offer the condition that there be no parking in the front yard of the property. There was a motion to approve the R-4 rezoning as amended by the applicant, including the condition that there be no parking in the front yard of the property. The motion passed by a vote of 6 ayes, 3 nays, and 2 absent. The application was approved. 12 July 6, 2006 ITEM NO.: 4 FILE NO.: Z-8067 Owner: Betts Real Estate Enterprises, Inc. Applicant: Craig Betts Location: 2016 Durwood Road Area: 0.19 Acre Request: Rezone from R-2 to R-4 Purpose: Duplex Existing Use: Vacant building (being remodeled) SURROUNDING LAND USE AND ZONING 0 19 North — Single family residences and two-family residences (duplexes) Along Pine Valley Road, Blackwood Road and Durwood Road; zoned R-2 and R-4 South — Single family and two-family residences (across Durwood Road); zoned R-2 and R-4 East — Single family residences; zoned R-2 West — Two-family residences/along north side of Durwood Road); zoned R-4 PUBLIC WORKS COMMENTS: No Comments. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Bus Route #1 (Pulaski Heights Route) runs along Dickson Ridge to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Height sand Normandy - Shannon Neighborhood Associations were notified of the public hearing. July 6, 2006 ITEM NO.: 4 (Cont. D. LAND USE ELEMENT: FILE NO.: Z-8067 This request is located in the West Little Rock Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning of one lot from R-2 Single Family District to R-4 Two Family District. The applicant is just rebuilding a fire -damaged duplex, so there is really no change in the actual use of this lot. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. There are existing duplexes in the immediate vicinity and also scattered throughout the neighborhood. Master Street Plan: Durwood Road is shown as a Local Street on the Master Street Plan. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: A Class 3 Bike Route is shown adjacent to Durwood Road on Pine Valley Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Betts Real Estate Enterprises, Inc., owner of the 0.19 acre property located at 2016 Durwood Road, is requesting to rezone the property from "R-2" Single Family District to "R-4" Two -Family District. The rezoning is proposed in order to utilize the existing residential structure as a duplex. There is currently a one-story residential structure with basement level located on the property. The structure has previously been used as a duplex for over 30 years, with one (1) living unit on each level. The property has had a nonconforming R-4 zoning status based on the past use. The structure was recently damaged by a fire. Based on the fact that the structure was damaged beyond 50 percent of the replacement cost, the nonconforming zoning status was lost. Therefore, the applicant is required to rezone the property to R-4 in order to continue using it as a duplex. The owner is currently in the process of repairing the structure. If the rezoning request is not approved, the structure will be used as a single family residence. All surrounding properties contain single family or two-family residences. There are five (5) duplex structures immediately to the west along the north side of Durwood Road. There are two (2) duplexes and a single K July 6, 2006 ITEM NO.: 4(Cont.)FILE NO.: Z-8067 family structure across Durwood Road to the south. Single family residences are located to the east. Single family residences are also located to the north along the south side of Pine Valley Road, with duplexes further north along Blackwood Road. The City's Future Land Use Plan designates this property as Single Family. Based on the past use of the property, the requested R-4 zoning does not necessitate a change to the Land Use Plan. Staff is supportive of the requested rezoning. Staff views the request as reasonable given the surrounding uses and zoning and the past use of the property. The property immediately west is zoned R-4, as is the lot across Durwood Road to the southeast and many of the lots to the north along Blackwood and Durwood Roads. The structure on this property has a history of being used as a duplex. This duplex has been a part of the neighborhood for over 30 years. The structure was being used as a duplex at the time of the recent fire. Staff feels the requested rezoning of the lot to R-4 is appropriate, and the continued use of the structure as a duplex will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (JULY 6, 2006) Craig Betts was present, requesting the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval. Craig Betts addressed the Commission in support of the application . He explained that the structure was being built back to the same style as before the fire. He described other duplexes in the area. He noted that there was a shared driveway between this property and the property immediately west, by way of an easement filed in 1955. Marsha Holder, representing The Kingwood Place/Queen Manor Neighborhood Association, addressed the Commission in opposition. She explained that there were existing duplexes in the area, and that her association did not support additional two- family uses. She noted that the property had been unsightly for some time. She also noted that the property should have been enforced on for an illegal duplex use some time ago. 3 July 6, 2006 ITEM NO.; 4 (Cont. ILE NO.: Z-8067 Mr. Betts explained that the structure is being built back to a higher quality than before the fire. Commissioner Meyer asked if parking would be allowed in the yard. Mr. Betts noted that the front yard would be sodded after the building reconstruction is finished and that parking would not be allowed in the yard. Vice - Chairman Taylor asked Mr. Betts if he would live in one of the units. Mr. Betts stated that he would not. The issue of placing a condition on the rezoning regarding no parking in the front yard was briefly discussed. Staff noted that the applicant could offer the condition, but that Staff nor the Commission could impose any conditions. Mr. Betts briefly described the recent fire damage to the structure. There was additional discussion regarding the parking issue. Mr. Betts stated that he would offer the condition that there be no parking in the front yard of the property. There was a motion to approve the R-4 rezoning as amended by the applicant, including the condition that there be no parking in the front yard of the property. The motion passed by a vote of 6 ayes, 3 nays, and 2 absent. The application was approved.