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HomeMy WebLinkAboutZ-8133 Staff AnalysisFILE NO.: Z-8133 NAME: Vick Short -form PD -R, Alley Abandonment and Right-of-way Abandonment for Ludwig Street LOCATION: Located North of West 29th Street between Ludwig and Malloy Streets DEVELOPER: Jacqueline Vick 801 South Rodney Parham, Apt. 22F Little Rock, AR 72205 x4811 CITIVM•lOTCI Arrow Surveying 550 Edgewood Drive, Suite 592B Maumelle, AR 72113 DESIGN PROFESSIONAL: Roberts and Williams 1501 North University Avenue, Suite 430 Little Rock, AR 72205 AREA: 1.90 Acres NUMBER OF LOTS: 1Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: PD -R PROPOSED USE: Duplex Housing VARIANCESMAIVERS REQUESTED: A five (5) year deferral of the required street construction of Malloy Street. A. PROPOSAUREQUEST: The applicant is proposing a single ownership development plan for two structures of duplex housing for a total of four units. The goal is to create and ensure a clean and visually appealing residential environment that will include FILE NO.: Z-8133 adequate landscaping and walkways to enhance the development and the community as a whole. Each structure is proposed as a single story building containing two units of living areas. The request also includes the abandonment of a previously platted street right of ways located along the eastern perimeter and an alley located within the proposed development area. The applicant has provided letters from the utility companies only one of which indicates the desire to maintain this area as an easement. B. EXISTING CONDITIONS: The site is tree covered with a significant slope falling from south to north. There are single-family homes located to the south of the site and vacant property to the north and west of the site. To the east of the site is a commercial business fronting on John Barrow Road. The streets in the area are substandard with minimum paving and open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 -feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The proposed land use would classify 29th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of the street conforming to collector standard per the Master Street Plan. Construct one-half street improvements to 29th Street including a 5 -foot sidewalk with the planned development. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Unless specifically requested, grading of the site will only be allowed for each phase. No advanced grading of future phases without imminent construction will be permitted. 5. Provide a Sketch Grading and Drainage Plan will be required per Section 29-186 (e). 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at 2 FILE NO.: Z-8133 f Cont.l (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 8. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 9. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. If utilities are present, the abandoned streets should be maintained as easements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. No objection to the abandonment but the right of way must be retained as easement. There are existing sewer mains in the right of way of Ludwig and Malloy Streets. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Central Arkansas Water has no existing or planned facilities located within the rights-of-way to be abandoned and has no objection to closure and abandonment of easement rights for the alley and Ludwig and Malloy Streets, north of West 29th Street. A water main extension will be required in order to provide adequate service to this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Single Family for this property. The applicant has 3 FILE NO.: Z-81 applied for a rezoning to Planned Residential Development to allow the development of 16 units contained in eight buildings of duplex housing. A land use plan amendment for a change to Low Density Residential is a separate item on this agenda (LU06-10-03). Master Street Plan: West 29th Street, Ludwig Street, and Malloy Street are all shown as a Local Streets 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: Existing or proposed Class I, Il, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing and Neighborhood Revitalization goal has these objectives relevant to this case: "Encourage the development of additional affordable housing in the John Barrow Neighborhood Area." Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were a number of outstanding issues associated with the request. Staff requested the applicant provide building elevations for the proposed units. Staff stated they felt the building orientation should be more neighborhood oriented as opposed to the current design layout. Staff questioned if the dumpster hours of service would be limited to the daylight hours. Public Works comments were addressed. Staff stated if advanced grading of the site was desired a variance from the Land Alteration Ordinance would be required. Staff also stated with the site development one-half street improvements to West 29th Street would be required. Staff stated if disturbed area was one or more acres permits would be required. Staff also stated the City's storm water detention ordinance would apply to any development on the site. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. III FILE NO.: Z-813 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the November 16, 2006, Subdivision Committee meeting. The revised plan indicates a replat of the twelve previously platted lots into two lots, the abandonment of Ludwig Street and an alley located within the proposed development area and the construction of two duplex buildings on the site. By reducing the proposed development area the applicant is no longer required to submit a detailed grading plan for the entire development area, only the portion proposed for immediate development. The site will contain two lots, Lot 1 containing 0.78 acres and Lot 2 containing 1.074 acres. Lot 1 is proposed for development and Lot 2 has been indicated for future development. The buildings have been oriented to West 29th Street. The buildings are proposed with a building footprint of 3,025 square feet with a 25 -foot front yard setback and a 25 -foot rear yard setback. The site plan indicates the placement of four parking spaces and four guest parking spaces which are stacked per unit. The parking is indicated along West 29th Street with cars backing into the right-of-way. Although, West 29th Street is not a busy street staff has concerns with the proposed parking backing into the right-of-way creating traffic concerns and conflicts. Staff feels the proposed site plan should be redesigned to allow the residents to not back into the public right of way and access the roadway head-on. The site plan indicates the placement of a six-foot opaque privacy fence along the eastern and western perimeters of the site. Each of the units is proposed with a rear yard patio area. The patio areas will be separated with a six foot opaque screening fence to allow each of the tenants privacy in their patio area. The site plan also indicates large areas of landscaping around each building and in the rear yard area. The units are proposed to be residential in scale and character. The units will be constructed with wood siding, wood trim, face brick on the front and insulated glazed aluminum windows. The proposed roof pitch is 5/12 with fiberglass composition shingles on #15 roofing felt. The request includes the abandonment of Malloy Street and a previously platted alley. The street and alley have not been constructed. The applicant has provided letters from the various utility companies. The wastewater utility has indicated a desire to maintain the abandoned right of way for Malloy Street as a utility easement. The applicant is seeking a five year deferral of the required street construction to Malloy Street. Staff is supportive of a deferral of the required street improvements for a period of five years or until adjacent development occurs. 5 FILE NO.: Z-8133 Cont. Staff is supportive of the placement of duplex units on the site but staff is not supportive of the site plan as proposed. Staff is not supportive of the parking as proposed by allowing cars to back into West 29th Street. Staff feels the parking should be redesigned to eliminate backing into the right-of-way to minimize any potential impacts on traffic flows in the area. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated December 7, 2006, requesting a deferral of this item to the January 18, 2007, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver for the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised site plan to staff with a minor modification to the proposed plan. The revised plan indicates the driveway for the proposed units separating the paving and placing a landscaped area between the proposed driveways. The driveway length is proposed at 20 feet adequate to meet the typical minimum stall depth for parking. The site plan indicates the placement of two parking spaces per unit which is adequate to meet the typical minimum parking requirement for a multi -family development. Staff has revisited their concern with the backing of automobiles into West 291h Street and no longer sees this as a major concern. As previously stated West 29th Street is a low volume street and other homes in the area presently back into the street as is being proposed by the applicant. The site plan indicates the placement of guest parking within the public right of way. Staff is not supportive of the indicated guest parking. The guest parking is not a requirement of the ordinance and staff feels the indicated parking outside the right of way is adequate to serve the development. As indicated previously the units are proposed to be residential in scale and character. The units will be constructed with wood siding, wood trim, face brick on the front and glazed aluminum windows. The roof pitch proposed is 5/12 with fiberglass composition shingles on #15 roofing felt. R FILE NO.: Z-8133 The request includes the abandonment of Malloy Street and a previously platted alley. The street and alley have not been constructed. The applicant has provided letters from the various utility companies. The wastewater utility is requesting the maintenance of the abandoned right of way for Malloy Street as a utility easement. The request includes a five year deferral of the right of way for street construction to Ludwig Street. Staff is supportive of the deferral request. As previously stated staff is supportive of the placement of the duplex units on four previously platted lots. Staff previously opposed the backing of cars into West 29th Street but as indicated above staff no longer feels this is a major concern. Presently there are a number of residences in the area, which back into the right of way as is being proposed by the applicant, and this does not appear to have negatively impacted the area or traffic flows in the area. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 18, 2007) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of approval. Staff stated the applicant had addressed their previous concerns related to the site design and backing into the street. Staff presented a recommendation of approval of the request and the request for the abandonment of the proposed alley and the abandonment of the right of way for Ludwig Street. Staff presented a recommendation of approval of the applicant's request for a five-year deferral of the street improvements to Malloy Street. Mr. Barry Williams was present representing the applicant. He stated he had little to add to staff's presentation and would reserve his time to address comments raised by the opposition. Ms. Carolyn Voss addressed the Commission in opposition of the request. She stated the neighborhood could not be present because a number were working or were ill. She stated the previous meeting there were ten persons present from the neighborhood to speak in opposition of the request. She stated the neighborhood did not want duplex units. She stated the neighborhood would prefer single-family homes either rental or owner occupied but no duplex structures. She stated with the construction of duplex units property values in the area would decrease. She stated renters did not care about the home or the area. She stated with renters would come children and the residents did not want to watch for children playing in the street. She stated illegal dumping was occurring on the site and the City would not pick up the trash. She requested the Commission deny the request for duplex structures and require the construction of single-family homes. 7 FILE NO.: Z-8133 (Cont.) Mr. Williams stated the illegal dump was located on the adjacent property and not Ms. Vick's property. He stated Ms. Vick would occupy one of the units and rent the other three units. He stated the development as proposed was less dense than was currently allowed under single-family development. He stated the development allowed for a transition between the multi -family zoned property to the north and the multi -family zoned property to the east. There was a general discussion concerning the proposed development and the limits which could be placed on the occupants of the site. Staff stated the placement of the owner residing in one of the units in perpetuity was not a requirement the Commission typically imposed. Mr. Williams stated the requirement was not acceptable to the applicant. He stated Ms. Vick was young and unmarried and a situation may arise in which she no longer desired to live in one of the units due to marital status or a job commitment outside of the City. A motion was made to approve the applicant's request. The motion carried by a vote of 7 ayes, 3 noes and 1 absent. L•' FILE NO.: Z-8133 NAME: Vick Short -form PD -R, Alley Abandonment and Right-of-way Abandonment for Ludwig Street LOCATION: Located North of West 29th Street between Ludwig and Malloy Streets DEVELOPER: Jacqueline Vick 801 South Rodney Parham, Apt. 22F Little Rock, AR 72205 SURVEYOR: Arrow Surveying 550 Edgewood Drive, Suite 592B Maumelle, AR 72113 DESIGN PROFESSIONAL: Roberts and Williams 1501 North University Avenue, Suite 430 Little Rock, AR 72205 AREA: 1.90 Acres NUMBER OF LOTS: 1Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: PD -R PROPOSED USE Duplex Housing VARIAN C ESMAIVE RS REQUESTED: A five (5) year deferral of the required street construction of Malloy Street. A. PROPOSAL/REQUEST: The applicant is proposing a single ownership development plan for two structures of duplex housing for a total of four units. The goal is to create and ensure a clean and visually appealing residential environment that will include FILE NO.: Z-8133 Cont.) adequate landscaping and walkways to enhance the development and the community as a whole. Each structure is proposed as a single story building containing two units of living areas. The request also includes the abandonment of a previously platted street right of ways located along the eastern perimeter and an alley located within the proposed development area. The applicant has provided letters from the utility companies only one of which indicates the desire to maintain this area as an easement. B. EXISTING CONDITIONS: The site is tree covered with a significant slope falling from south to north. There are single-family homes located to the south of the site and vacant property to the north and west of the site. To the east of the site is a commercial business fronting on John Barrow Road. The streets in the area are substandard with minimum paving and open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 -feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The proposed land use would classify 29th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of the street conforming to collector standard per the Master Street Plan. Construct one-half street improvements to 29th Street including a 5 -foot sidewalk with the planned development. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Unless specifically requested, grading of the site will only be allowed for each phase. No advanced grading of future phases without imminent construction will be permitted. 5. Provide a Sketch Grading and Drainage Plan will be required per Section 29-186 (e). 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at 2 FILE NO.: Z-8133 (Cont. (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 8. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 9. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. If utilities are present, the abandoned streets should be maintained as easements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. No objection to the abandonment but the right of way must be retained as easement. There are existing sewer mains in the right of way of Ludwig and Malloy Streets. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect .at the time of request for water service must be met. Central Arkansas Water has no existing or planned facilities located within the rights-of-way to be abandoned and has no objection to closure and abandonment of easement rights for the alley and Ludwig and Malloy Streets, north of West 29th Street. A water main extension will be required in order to provide adequate service to this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Single Family for this property. The applicant has 3 FILE NO.: Z-8133 (Cont. applied for a rezoning to Planned Residential Development to allow the development of 16 units contained in eight buildings of duplex housing. A land use plan amendment for a change to Low Density Residential is a separate item on this agenda (LU06-10-03). Master Street Plan: West 29th Street, Ludwig Street, and Malloy Street are all shown as a Local Streets 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: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan,: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing and Neighborhood Revitalization goal has these objectives relevant to this case: "Encourage the development of additional affordable housing in the John Barrow Neighborhood Area." Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were a number of outstanding issues associated with the request. Staff requested the applicant provide building elevations for the proposed units. Staff stated they felt the building orientation should be more neighborhood oriented as opposed to the current design layout. Staff questioned if the dumpster hours of service would be limited to the daylight hours. Public Works comments were addressed. Staff stated if advanced grading of the site was desired a variance from the Land Alteration Ordinance would be required. Staff also stated with the site development one-half street improvements to West 29th Street would be required. Staff stated if disturbed area was one or more acres permits would be required. Staff also stated the City's storm water detention ordinance would apply to any development on the site. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. 0 FILE NO.: Z-8133 Cont. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the November 16, 2006, Subdivision Committee meeting. The revised plan indicates a replat of the twelve previously platted lots into two lots, the abandonment of Ludwig Street and an alley located within the proposed development area and the construction of two duplex buildings on the site. By reducing the proposed development area the applicant is no longer required to submit a detailed grading plan for the entire development area, only the portion proposed for immediate development. The site will contain two lots, Lot 1 containing 0.78 acres and Lot 2 containing 1.074 acres. Lot 1 is proposed for development and Lot 2 has been indicated for future development. The buildings have: been oriented to West 29th Street. The buildings are proposed with a building footprint of 3,025 square feet with a 25 -foot front yard setback and a 25 -foot rear yard setback. The site plan indicates the placement of four parking spaces and four guest parking spaces which are stacked per unit. The parking is indicated along West 29th Street with cars backing into the right-of-way. Although, West 29th Street is not a busy street staff has concerns with the proposed parking backing into the right-of-way creating traffic concerns and conflicts. Staff feels the proposed site plan should be redesigned to allow the residents to not back into the public right of way and access the roadway head-on. The site plan indicates the placement of a six-foot opaque privacy fence along the eastern and western perimeters of the site. Each of the units is proposed with a rear yard patio area. The patio areas will be separated with a six foot opaque screening fence to allow each of the tenants privacy in their patio area. The site plan also indicates large areas of landscaping around each building and in the rear yard area. The units are proposed to be residential in scale and character. The units will be constructed with wood siding, wood trim, face brick on the front and insulated glazed aluminum windows. The proposed roof pitch is 5/12 with fiberglass composition shingles on #15 roofing felt. The request includes the abandonment of Malloy Street and a previously platted alley. The street and alley have not been constructed. The applicant has provided letters from the various utility companies. The wastewater utility has indicated a desire to maintain the abandoned right of way for Malloy Street as a utility easement. The applicant is seeking a five year deferral of the required street construction to Malloy Street. Staff is supportive of a deferral of the required street improvements for a period of five years or until adjacent development occurs. 5 FILE NO.: Z-8133 (Cont.) _ Staff is supportive of the placement of duplex units on the site but staff is not supportive of the site plan as proposed. Staff is not supportive of the parking as proposed by allowing cars to back into West 29th Street. Staff feels the parking should be redesigned to eliminate backing into the right-of-way to minimize any potential impacts on traffic flows in the area. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated December 7, 2006, requesting a deferral of this item to the January 18, 2007, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver for the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE. - The applicant submitted a revised site plan to staff with a minor modification to the proposed plan. The revised plan indicates the driveway for the proposed units separating the paving and placing a landscaped area between the proposed driveways. The driveway length is proposed at 20 feet adequate to meet the typical minimum stall depth for parking. The site plan indicates the placement of two parking spaces per unit which is adequate to meet the typical minimum parking requirement for a multi -family development. Staff has revisited their concern with the backing of automobiles into West 29th Street and no longer sees this as a major concern. As previously stated West 29th Street is a low volume street and other homes in the area presently back into the street as is being proposed by the applicant. The site plan indicates the placement of guest parking within the public right of way. Staff is not supportive of the indicated guest parking. The guest parking is not a requirement of the ordinance and staff feels the indicated parking outside the right of way is adequate to serve the development. As indicated previously the units are proposed to be residential in scale and character. The units will be constructed with wood siding, wood trim, face brick on the front and glazed aluminum windows. The roof pitch proposed is 5/12 with fiberglass composition shingles on #15 roofing felt. A FILE NO.: Z-8133 (Cont.) The request includes the abandonment of Malloy Street and a previously platted alley. The street and alley have not been constructed. The applicant has provided letters from the various utility companies. The wastewater utility is requesting the maintenance of the abandoned right of way for Malloy Street as a utility easement. The request includes a five year deferral of the right of way for street construction to Ludwig Street. Staff is supportive of the deferral request. As previously stated staff is supportive of the placement of the duplex units on four previously platted lots. Staff previously opposed the backing of cars into West 29th Street but as indicated above staff no longer feels this is a major concern. Presently there are a number of residences in the area, which back into the right of way as is being proposed by the applicant, and this does not appear to have negatively impacted the area or traffic flows in the area. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 18, 2007) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of approval. Staff stated the applicant had addressed their previous concerns related to the site design and backing into the street. Staff presented a recommendation of approval of the request and the request for the abandonment of the proposed alley and the abandonment of the right of way for Ludwig Street. Staff presented a recommendation of approval of the applicant's request for a five-year deferral of the street improvements to Malloy Street. Mr. Barry Williams was present representing the applicant. He stated he had little to add to staff's presentation and would reserve his time to address comments raised by the opposition. Ms. Carolyn Voss addressed the Commission in opposition of the request. She stated the neighborhood could not be present because a number were working or were ill. She stated the previous meeting there were ten persons present from the neighborhood to speak in opposition of the request. She stated the neighborhood did not want duplex units. She stated the neighborhood would prefer single-family homes either rental or owner occupied but no duplex structures. She stated with the construction of duplex units property values in the area would decrease. She stated renters did not care about the home or the area. She stated with renters would come children and the residents did not want to watch for children playing in the street. She stated illegal dumping was occurring on the site and the City would not pick up the trash. She requested the Commission deny the request for duplex structures and require the construction of single-family homes. 7 FILE NO.: Z-8133 (Cont. Mr. Williams stated the illegal dump was located on the adjacent property and not Ms. Vick's property. He stated Ms. Vick would occupy one of the units and rent the other three units. He stated the development as proposed was less dense than was currently allowed under single-family development. He stated the development allowed for a transition between the multi -family zoned property to the north and the multi -family zoned property to the east. There was a general discussion concerning the proposed development and the limits which could be placed on the occupants of the site. Staff stated the placement of the owner residing in one of the units in perpetuity was not a requirement the Commission typically imposed. Mr. Williams stated the requirement was not acceptable to the applicant. He stated Ms. Vick was young and unmarried and a situation may arise in which she no longer desired to live in one of the units due to marital status or a job commitment outside of the City. A motion was made to approve the applicant's request. The motion carried by a vote of 7 ayes, 3 noes and 1 absent. 8 January 18, 2007 ITEM NO.: H FILE NO.: Z-8133 NAME: Vick Short -form PD -R, Alley Abandonment and Right-of-way Abandonment for Ludwig Street LOCATION: Located North of West 29th Street between Ludwig and Malloy Streets DEVELOPER: Jacqueline Vick 801 South Rodney Parham, Apt. 22F Little Rock, AR 72205 SURVEYOR: Arrow Surveying 550 Edgewood Drive, Suite 5926 Maumelle, AR 72113 DESIGN PROFESSIONAL: Roberts and Williams 1501 North University Avenue, Suite 430 Little Rock, AR 72205 AREA: 1.90 Acres NUMBER OF LOTS: 1Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: PD -R PROPOSED USE: Duplex Housing VARIANCES/WAIVERS REQUESTED: A five (5) year deferral of the required street construction of Malloy Street. A. PROPOSAL/REQUEST: The applicant is proposing a single ownership development plan for two structures of duplex housing for a total of four units. The goal is to create and January 18, 2007 SUBDIVISION ITEM NO.: H (Cont. FILE NO.: Z-8133 ensure a clean and visually appealing residential environment that will include adequate landscaping and walkways to enhance the development and the community as a whole. Each structure is proposed as a single story building containing two units of living areas. The request also includes the abandonment of a previously platted street right of ways located along the eastern perimeter and an alley located within the proposed development area. The applicant has provided letters from the utility companies only one of which indicates the desire to maintain this area as an easement. B. EXISTING CONDITIONS: The site is tree covered with a significant slope falling from south to north. There are single-family homes located to the south of the site and vacant property to the north and west of the site. To the east of the site is a commercial business fronting on John Barrow Road. The streets in the area are substandard with minimum paving and open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 -feet of the site and the John Barrow Neighborhood Association were notified of the public hearing D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The proposed land use would classify 29th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of the street conforming to collector standard per the Master Street Plan. Construct one-half street improvements to 29th Street including a 5 -foot sidewalk with the planned development. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Unless specifically requested, grading of the site will only be allowed for each phase. No advanced grading of future phases without imminent construction will be permitted. 5. Provide a Sketch Grading and Drainage Plan will be required per Section 29-186 (e). E January 18, 2007 SUBDIVISION TEM NO.: H Cont.) _ FILE NO.: Z-8133 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 8. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 9. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. If utilities are present, the abandoned streets should be maintained as easements. E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING. Wastewater: Sewer main extension required, with easements. No objection to the abandonment but the right of way must be retained as easement. There are existing sewer mains in the right of way of Ludwig and Malloy Streets. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Ener- : No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Central Arkansas Water has no existing or planned facilities located within the rights-of-way to be abandoned and has no objection to closure and abandonment of easement rights for the alley and Ludwig and Malloy Streets, north of West 29th Street. A water main extension will be required in order to provide adequate service to this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. 3 January18, 2007 SUBDIVISION ITEM NO.: H (Cont. FILE NO.: Z-8133 CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUESITECH NICAUDESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning to Planned Residential Development to allow the development of 16 units contained in eight buildings of duplex housing. A land use plan amendment for a change to Low Density Residential is a separate item on this agenda (LU06-10-03). Master Street Plan: West 29th Street, Ludwig Street, and Malloy Street are all shown as a Local Streets 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: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recv nized Neighborhood Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing and Neighborhood Revitalization goal has these objectives relevant to this case: "Encourage the development of additional affordable housing in the John Barrow Neighborhood Area." Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were a number of outstanding issues associated with the request. Staff requested the applicant provide building elevations for the proposed units. Staff stated they felt the building orientation should be more neighborhood oriented as opposed to the current design layout. Staff questioned if the dumpster hours of service would be limited to the daylight hours. Public Works comments were addressed. Staff stated if advanced grading of the site was desired a variance from the Land Alteration Ordinance would be required. Staff also stated with the site development one-half street M January 18, 2007 SUBDIVISION ITEM NO.: H (Cont. FILE NO.: Z-8133 improvements to West 29th Street would be required. Staff stated if disturbed area was one or more acres permits would be required. Staff also stated the City's storm water detention ordinance would apply to any development on the site. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the November 16, 2006, Subdivision Committee meeting. The revised plan indicates a replat of the twelve previously platted lots into two lots, the abandonment of Ludwig Street and an alley located within the proposed development area and the construction of two duplex buildings on the site. By reducing the proposed development area the applicant is no longer required -to submit a detailed grading plan for the entire development area, only the portion proposed for immediate development. The site will contain two lots, Lot 1 containing 0.78 acres and Lot 2 containing 1.074 acres, Lot 1 is proposed for development and Lot 2 has been indicated for future development. The buildings have been oriented to West 29th Street. The buildings are proposed with a building footprint of 3,025 square feet with a 25 -foot front yard setback and a 25 -foot rear yard setback. The site plan indicates the placement of four parking spaces and four guest parking spaces which are stacked per unit. The parking is indicated along West 29th Street with cars backing into the right-of-way. Although, West 29th Street is not a busy street -staff has concerns with the proposed parking backing into the right-of-way creating traffic concerns and conflicts. Staff feels the proposed site plan should be redesigned to allow the residents to not back into the public right of way and access the roadway head-on. The site plan indicates the placement of a six-foot opaque privacy fence along the eastern and western perimeters of the site. Each of the units is proposed with a rear yard patio area. The patio areas will be separated with a six foot opaque screening fence to allow each of the tenants privacy in their patio area. The site plan also indicates large areas of landscaping around each building and in the rear yard area. The units are proposed to be residential in scale and character. The units will be constructed with wood siding, wood trim, face brick on the front and insulated glazed aluminum windows. The proposed roof pitch is 5/12 with fiberglass composition shingles on #15 roofing felt. G January 18, 2007 SUBDIVISION ITEM NO.: H(Cont.)_ FILE NO.: Z-8133 The request includes the abandonment of Malloy Street and a previously platted alley. The street and alley have not been constructed. The applicant has provided letters from the various utility companies. The wastewater utility has indicated a desire to maintain the abandoned right of way for Malloy Street as a utility easement. The applicant is seeking a five year deferral of the required street construction to Malloy Street. Staff is supportive of a deferral of the required street improvements for a period of five years or until adjacent development occurs. Staff is supportive of the placement of duplex units on the site but staff is not supportive of the site plan as proposed. Staff is not supportive of the parking as proposed by allowing cars to back into West 29th Street. Staff feels the parking should be redesigned to eliminate backing into the right-of-way to minimize any potential impacts on traffic flows in the area. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present representing 'the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated December 7, 2006, requesting a deferral of this item to the January 18, 2007, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver for the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised site plan to staff with a minor modification to the proposed plan. The revised plan indicates the driveway for the proposed units separating the paving and placing a landscaped area between the proposed driveways. The driveway length is proposed at 20 feet adequate to meet the typical minimum stall depth for parking. The site plan indicates the placement of two parking spaces per unit which is adequate to meet the typical minimum parking requirement for a multi -family ON January 18, 2007 SUBDIVISION O.: H (Cont. FILE NO.: Z-8133 development. Staff has revisited their concern with the backing of automobiles into West 291h Street and no longer sees this as a major concern. As previously stated West 29th Street is a low volume street and other homes in the area presently back into the street as is being proposed by the applicant. The site plan indicates the placement of guest parking within the public right of way. Staff is not supportive of the indicated guest parking. The guest parking is not a requirement of the ordinance and staff feels the indicated parking outside the right of way is adequate to serve the development. As indicated previously the units are proposed to be residential in scale and character. The units will be constructed with wood siding, wood trim, face brick on the front and glazed aluminum windows. The roof pitch proposed is 5/12 with fiberglass composition shingles on #15 roofing felt. The request includes the abandonment of Malloy Street and a previously platted alley. The street and alley have not been constructed. The applicant has provided letters from the various utility companies. The wastewater utility is requesting the maintenance of the abandoned right of way for Malloy Street as a utility easement. The request includes a five year deferral of the right of way for street construction to Ludwig Street. Staff is supportive of the deferral request. As previously stated staff is supportive of the placement of the duplex units on four previously platted lots. Staff previously opposed the backing of cars into West 29th Street but as indicated above staff no longer feels this is a major concern. Presently there are a number of residences in the area, which back into the right of way as is being proposed by the applicant, and this does not appear to have negatively impacted the area or traffic flows in the area. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 18, 2007) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of approval. Staff stated the applicant had addressed their previous concerns related to the site design and backing into the street. Staff presented a recommendation of approval of the request and the request for the abandonment of the proposed alley and the abandonment of the right of way for Ludwig Street. Staff presented a recommendation of approval of the applicant's request for a five-year deferral of the street improvements to Malloy Street. 7 January 18, 2007 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-81 Mr. Barry Williams was present representing the applicant. He stated he had little to add to staff's presentation and would reserve his time to address comments raised by the opposition. Ms. Carolyn Voss addressed the Commission in opposition of the request. She stated the neighborhood could not be present because a number were working or were ill. She stated the previous meeting there were ten persons present from the neighborhood to speak in opposition of the request. She stated the neighborhood did not want duplex units. She stated the neighborhood would prefer single-family homes either rental or owner occupied but no duplex structures. She stated with the construction of duplex units property values in the area would decrease. She stated renters did not care about the home or the area. She stated with renters would come children and the residents did not want to watch for children playing in the street. She stated illegal dumping was occurring on the site and the City would not pick up the trash. She requested the Commission deny the request for duplex structures and require the construction of single-family homes. Mr. Williams stated the illegal dump was located on the adjacent property and not Ms. Vick's property. He stated Ms. Vick would occupy one of the units and rent the other three units. He stated the development as proposed was less dense than was currently allowed under single-family development. He stated the development allowed for a transition between the multi -family zoned property to the north and the multi -family zoned property to the east. .There was a general discussion concerning the proposed development and the limits which could be placed on the occupants of the site. Staff stated the placement of the owner residing in one of the units in perpetuity was not a requirement the Commission typically imposed. Mr. Williams stated the requirement was not acceptable to the applicant. He stated Ms. Vick was young and unmarried and a situation may arise in which she no longer desired to live in one of the units due to marital status or a job commitment outside of the City. A motion was made to approve the applicant's request. The motion carried by a vote of 7 ayes, 3 noes and 1 absent. E:3 ITEM NO.: 20.1. Z-8133 NAME: Vick Short -form PD -R, Alley Abandonment and Right-of-way Abandonment for Ludwig, Malloy and West 281h Streets LOCATION: located North of West 29th Street between Ludwig and Malloy Streets Planning Staff Comments: 1. Provide notification of all property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than November 22, 2006. The Office of Planning and Development must receive the proof of notice no later than November 30, 2006. 2. Staff feels the orientation of the buildings should be redesigned to allow the development to appear more single-family in character. Presently the design appears to be all buildings and paving. 3. Will grading of the site be completed during the first phase of development? 4. Provide details of the proposed construction materials of the proposed units. 5. Provide building elevations of the proposed structures. 6. Will there be any covered parking within the development? 7. Will the dumpster service hours be limited to daylight hours only? If so indicate a note on the proposed site plan. VarianceNVaivers: None requested. Public Works Conditions: 1. The proposed land use would classify 29th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of the street conforming to collector standard per the Master Street Plan. Construct one-half street improvements to 29th Street including a 5 -foot sidewalk with the planned development. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Unless specifically requested, grading of the site will only be allowed for each phase. No advanced grading of future phases without imminent construction will be permitted. 5. Provide a Sketch Grading and Drainage Plan will be required per Section 29-186 (e). 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379 - Item # 20.1. 1813 (Steve Philpott) for more information regarding streetlight requirements. 8. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379- 1817 (Derrick Bergfield) for more information. 9. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. If utilities are present, the abandoned streets should be maintained as easements. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required, with easements. No objection to the abandonment but the right of way must be retained as easement. There are existing sewer mains in the right of way of Ludwig and Malloy Streets. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Central Arkansas Water has no existing or planned facilities located within the rights-of-way to be abandoned and has no objection to closure and abandonment of easement rights for the alley and Ludwig and Malloy Streets, north of West 29th Street. A water main extension will be required in order to provide adequate service to this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. 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. Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning to Planned Residential Development to allow the development of 16 units contained in eight buildings of duplex housing. A land use plan amendment for a change to Low Density Residential is a separate item on this agenda (LU06-10-03). Item # 20.1. Master Street Plan: West 29th Street, Ludwig Street, and Malloy Street are all shown as a Local Streets 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: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood_ Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing and Neighborhood Revitalization goal has these objectives relevant to this case: "Encourage the development of additional affordable housing in the John Barrow Neighborhood Area." Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Revised _plat/ pian_: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, November 22, 2006. Item # 20.1.