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HomeMy WebLinkAboutZ-8717-A Staff AnalysisJanuary 24, 2013 ITEM NO.: F FILE NO.: Z-8717-A NAME: Williams Short -form PD-R LOCATION: Located at 401 Steven Drive DEVELOPER: Ethylene Williams 53 King Park Drive Little Rock, AR 72227 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.27 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED USE NUMBER OF LOTS: 1 R-2, Single-family Single-family residential Two-family VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: FT. NEW STREET: 0 LF On November 17, 2011, the Little Rock Planning Commission denied a request to allow the rezoning of this site from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of this existing single-family structure into a two-family unit. The structure is two-story with the lower level being a walk -out basement. The applicant proposed to allow one unit upstairs utilizing the existing carport and parking pad. A new drive was proposed on Brooks Lane to allow parking for the lower level. The request included the allowance of separate meters to serve the two units. January 24, 2013 SUBDIVISION ITEM NO.: F Cont. FILE NO.: Z-8717-A A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The Little Rock Planning Commission's By-laws allow a denied application to be re -filed after one year from the date of denial. The year has passed and the applicant is now requesting the Commission recommend approval of the same application as denied on November 17, 2011. The applicant is seeking approval for the rezoning of the property from R-2, Single-family to PD-R to allow the conversion of the home into two-family. The structure is a two-story structure with the lower level being a walk -out basement. The applicant is proposing to allow one unit within the upstairs area and the second unit on the lower level. A revision to the site plan from the original application has been made. The former site plan indicated the parking pad for the second unit off Brooks Drive. The applicant is now proposing the parking pad for the second unit on Steven Drive. B. EXISTING CONDITIONS: The home is located on a large corner lot located at the end of Steven Drive. Steven Drive dead -ends into a wooded area. This area is virtually all single- family with the exception of the commercial/office area located several blocks to the south along West Markham Street. North of the site are State offices including the Game and Fish, the State Plant Board and the State Crime Lab which are accessed from Natural Resource Drive. Along West Markham Street on Ellis Drive, which is the entrance to this subdivision, there is a church, and a condominium development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site and the Treasure Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for additional information. Enter : No structure can be built within 10-feet of the energized conductor. Contact Entergy for additional information. K January 24, 2013 SUBDIVISION ITEM NO.: F Cont. FILE NO.: Z-8717-A 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. Contact Central Arkansas Water regarding the size and location of the water meters. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The property is located about %-mile from CATA Route #5, the West Markham Route, which is located south of the site along West Markham Street. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PDR (Planned District Residential) to allow for conversion of the existing structure from a single-family house to a duplex. Master Street Plan: Stephens Drive and Brooks Lane are both 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 3 January 24, 2013 SUBDIVISION ITEM NO.: F Cont. FILE NO.: Z-8717-A zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. This street 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 on this two (2) family development. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Ms. Williams was present representing the request. Staff presented an overview of the request stating there were no outstanding technical issues associated with the request. Staff stated the Planning Commission had denied a request to allow the conversion of the structure into a two-family dwelling in November of 2011. Staff stated the Commission's By-laws allowed a property owner to refile an application one-year after a denial request. Staff noted the plan was different than the previous plan in that the parking pad for the lower unit was now located along Steven Drive. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. 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 issues raised at the November 15, 2012, Subdivision Committee meeting in need of addressing via a revised site plan. The request is a rezoning from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of an existing single-family structure into a two-family residence. The structure is a two-story structure with the lower level being a walk -out basement. The applicant is proposing to remodel the home for one unit upstairs utilizing the existing carport and parking pad. The second unit will be in the lower level. A new 20-foot drive is proposed from Steven Drive to allow parking for the lower level. The request includes the allowance of separate meters to serve the two units. The applicant has indicated there will be very few exterior modifications to the structure and the site. A four (4) foot fence will be placed along the western edge of the home near the front corner extending to the north property line to separate the yard areas for the two (2) units. El! January 24, 2013 SUBDIVISION ITEM NO.: F Cont. FILE NO.: Z-8717-A As with the original application staff continues to not support the request. The area is predominately single-family with the multi -family and non-residential uses located along West Markham Street. Although to the north of this site is an office complex, the neighborhood has a large wooded screening buffer between the homes and the office use and the office complex is not accessed through this neighborhood. The Bill of Assurance for the Santa Fe Park Addition is still valid and includes the following statement: All lots shall be used for residential property only, with exception of Lot 110 which may be used for a retail business establishment or service activities. There appears to be no distinction regarding the type of residential. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were registered objectors present. The Chair stated there were seven Commissioners present to hear the item. The Chair stated when there were eight or fewer Commissioners the Commission's policy was to allow the applicant the option of deferral to a later hearing date. The Chair questioned the applicant if she desired to move forward with the item or if she desired to defer the item to the January 24, 2013, public hearing. Ms. Williams stated she desired to defer the item. There was no further discussion of the item. The Chair entertained a motion for approval of the deferral request. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. STAFF UPDATE: There has been no change to this application request. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JANUARY 24, 2013) Ms. Williams was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Ms. Williams addressed the Commission on the merits of the request. She stated the home was constructed by the developer of Ellis Acres as his home. She stated the 5 January 24, 2013 SUBDIVISION ITEM NO.: F Cont. FILE NO.: Z-8717-A home was a large home and instead of going out, he built up. She stated the home was constructed as a house on -top of a house. She stated she desired to relocate the proposed parking pad from Steven Drive to Brooks Lane. She stated the parking pad on Brooks would have less of an impact on the homes in the area since the driveway for the home across the street on Steven was near the proposed parking pad. She stated moving the parking pad to the rear of the structure would allow the resident of the lower unit to enter their front door. Ms. Williams stated Ellis Acres was at the end of Markham in the 1960's when originally developed. She stated the development was very compact with a total of seven streets. She stated four of the streets did not have an outlet. She stated no street was longer than six blocks. She stated when she came before the Commission in 2011 the neighbor made a big production about water and run-off. She stated the day after the meeting she visited with staff who performed a water run-off analysis and determine there was no run-off from her site to the neighboring property. She stated the area was a pleasant quiet neighborhood which was changing. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the neighborhood was an older neighborhood which was in the influx of change. She stated it was important to protect neighborhoods which were in this state of change. She stated to add a duplex to the home would change the neighborhood considerably. Ms. Williams stated there were no other homes in the neighborhood which were suitable for conversion to duplex housing. She stated this home was developed larger than the other homes in the neighborhood. She stated the home was constructed as a home on -top of a home. She stated with the closing of one door there could be two homes. She stated the upper unit contained 1261 square feet and the lower near 900 square feet. Commissioner Nunnley questioned Ms. Williams as to the reason for the conversion of the home to a duplex unit. She stated the home was larger than she typically liked to handle. She stated she owned 16 properties all smaller homes mainly two bedroom with a single bath. She stated her comfort zoned was 1200 square feet. She stated her primary occupants were persons leaving an apartment but not ready for homeownership. Commissioner Nunnley questioned what she would do with the home if it was not approved. Ms. Williams stated she would rent the home as single-family. There was no further discussion of the item. The Chair entertained a motion for approval of the item including all staff recommendations and comments except for that of denial. The motion failed by a vote of 4 ayes, 6 noes 0 absent and 1 open position. R ITEM NO.: 8, NAME: Williams Short -form PD-R LOCATION: located at 401 Steven Drive Planning Staff Comments: Z-8717-A 1. Provide notification of the 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 November 28, 2012. The Office of Planning and Development must receive the proof of notice no later than December 7, 2012. 2. The request includes the allowance of separate utilities. Will there be separate water and electrical to the site? Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for additional information. Entergy: No structure can be built within 10-feet of the energized conductor. Contact Entergy for additional information. 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. Contact Central Arkansas Water regarding the size and location of the water meters. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Item # 8. Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The property is located about %-mile from CATA Route #5, the West Markham Route, which is located south of the site along West Markham Street. Parks and Recreation: No comment received. Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PDR (Planned District Residential) to allow for conversion of the existing structure from a single-family house to a duplex. Master Street Plan: Stephens Drive and Brooks Lane are both 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. This street 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. Landsca e: No comment on this two (2) family development. Revised lat/ lan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, November 21, 2012. Item # 8.