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HomeMy WebLinkAboutZ-8869 Staff AnalysisNovember 14, 2013 ITEM NO.: A NAME: Pearl Management Short -form PD-R LOCATION: Located at 324 S. Schiller Street DEVELOPER: Pearl Management 14 Woodberry Road Little Rock, AR 72212 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.14 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 R-3, Single-family Single-family residential .m FILE NO.: FT. NEW STREET: 0 LF Two residential units without the owner living on -site VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSALIREQUESUAPPLICANT'S STATEMENT: The request is a rezoning from R-3, Single-family to PD-R to allow the conversion of an existing accessory building into a residential unit. The applicant is requesting the rezoning to allow the use as an accessory dwelling and not require the owner of the property to reside in the primary residence. The request also includes the allowance of separate meters to serve the two (2) units. B. EXISTING CONDITIONS: Both South Schiller and West 4th Streets are narrow streets with no curb, gutter or sidewalk in place. The property contains a single-family home with an accessory building in the rear yard. There is a six foot wooden fence along West November 14, 2013 SUBDIVISION ITEM NO.: A FILE NO.: Z-8869 4th Street enclosing the rear of the property. To the west is vacant R-5 zoned property and to the south is vacant 1-2, Light Industrial zoned property. Across South Schiller Street are single-family homes also located on 1-2, Light Industrial zoned property. 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 Capitol View Stifft Station Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIO No comments. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has no objection. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: 1. No objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of the water meter. 3. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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 located less than % mile from CATA Bus Route #5. 2 November 14, 2013 SUBDIVISION ITEM NO.: A (Cont. F G H Parks and Recreation: No comment received. ISSUES/TECHNICAL/DESIGN: ILE NO.: Z-8 Planning Division: This request is located in the 1-630 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-3 (Single -Family District) to PDR (Planned District Residential) to allow for the conversion of an existing structure into a residential unit allowing two residential units on the site, with the owner not living on -site. Master Street Plan: Schiller and 4th Streets are both Local Streets on the Master Street Plan. 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. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was not present. Staff presented an overview of the item stating there were no outstanding technical issues in need of addressing associated with the request. Staff stated the request was to allow the conversion of an existing accessory structure on the site into a residential unit. Staff noted the owner would not live on -site thus requiring the rezoning to PD-R. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the June 20, 2013, Subdivision Committee meeting. The request is a rezoning from R-3, Single-family to PD-R to allow the conversion of an existing accessory building into a residential unit. The applicant is requesting the rezoning to not require the owner of the property to reside in the primary residence. 3 November 14, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8869 The primary residence contains 1,175 square feet and the accessory dwelling contains 750 square feet. The applicant has indicated presently the owner resides in the primary residence but in the future both the primary residence and the accessory dwelling may be marketed as rental property. The applicant is seeking approval for separate utilities for the two structures. Presently there is no on -site paved parking for the units. It appears the occupants are parking in the right of way of West 4th Street. There appears to be adequate area to add a hard packed parking area to the site in the rear yard area. Section 36-502(b)(1) states single-family dwelling units are to provide one space per dwelling unit. Staff feels there is sufficient area within the rear yard to provide a parking pad to serve two (2) vehicles. Staff is supportive of the request. Staff does not feel the conversion of the existing accessory building into an accessory residential unit will adversely impact the area. Staff does however recommend the applicant provide on -site parking adequate to meet the typical standards of the zoning ordinance. 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. Staff recommends the applicant provide a hard packed parking area on -site to allow parking for two (2) vehicles. PLANNING COMMISSION ACTION: (JULY 11, 2013) Mr. David Pearlstein was present representing the request. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 10, 2013, requesting deferral of this item to the August 22, 2013, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the timing of the deferral request and the request not being made a minimum of 5-days prior to the public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 4 November 14, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8869 STAFF UPDATE: Staff initially supported the request to allow the conversion of the accessory structure into a residential structure but no longer supports the request. Since the filing the applicant has been unresponsive to request by the Zoning Enforcement Division to remove a food truck from the rear yard area and provide paved parking for the tenants of the existing home. The tenant has a number of recreational vehicles on the site which prohibit parking outside the right of way. Staff feels with the additional unit the parking situation will only get worse and feels the request should be denied. PLANNING COMMISSION ACTION: (AUGUST 22, 2013) The applicant was present. There was one registered objector present. The Chair informed the applicant there were eight (8) Commissioners present. The Chair stated it was the Commission's practice that when fewer than nine (9) Commissioners were present the applicant was offered the option of deferral to a later meeting to allow more members to be present to hear the request. The Chair stated for an item to be approved six (6) positive votes were required. Mr. David Pearlstein requested a deferral of the item. The Chair informed Mr. Pearlstein the iterh would be deferred to the October 3, 2013, Subdivision Hearing. A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: There has been no change to the application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. The Chair informed the applicant there were eight (8) Commissioners present. The Chair stated it was the Commission's practice that when fewer than nine (9) Commissioners were present the applicant was offered the option of deferral to a later meeting to allow more members to be present to hear the request. The Chair stated for an item to be approved six (6) positive votes were required. Mr. David Pearlstein requested a deferral of the item. November 14, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8869 The Chair informed Mr. Pearlstein the item would be deferred to the November 14, 2013, Subdivision Hearing A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. STAFF UPDATE: There has been no change to the application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (NOVEMBER 14, 2013) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated November 6, 2013, requesting withdrawal of the item, without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item as recommended by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. 0 ITEM NO.: 11. Z-8869 NAME: Pearl Management Short -form PD-R LOCATION: located at 324 S. Schiller Street Plannina Staff Comments: 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 June 26, 2013. The Office of Planning and Development must receive the proof of notice no later than July 5, 2013. 2. Will any additional driveways and/or parking be provided to the site? Provide the location of the existing and proposed parking on the site. 3. Will any additional outbuildings or fencing be added to the site at present or in the future? If so provide the location and the construction materials, the total height of the fence and the total height of any accessory structures. Variance/Waivers: None requested. Public Works Conditions: No comments. 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. No objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of the water meter. 3. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. Item # 11. CATA: The site is located less than'/4 mile from CATA Bus Route #5 Parks and Recreation: No comment received. Planning Division: This request is located in the 1-630 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-3 (Single -Family District) to PDR (Planned District Residential) to allow for the conversion of an existing structure into a residential unit allowing two residential units on the site, with the owner not living on -site. Master Street Plan: Schiller and 4th Streets are both Local Streets on the Master Street Plan. 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, June 26, 2013. Item # 11.