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HomeMy WebLinkAboutZ-9087 Staff AnalysisSUBDIVISION COMMITTEE COMMENTS OCTOBER 14, 2015 ITEM NO.: 6. #1 Orcle' Circle Accessory Dwelling Conditional Use Permit Z-9087 Planning Staff Comments. 1. Provide a copy of the Bill of Assurance for Lot 1, Block 115 Chenal Valley. 2. Provide a copy of the referenced letter of approval from the Chenal Valley Architectural Control Committee. Variance/Waivers: Reduced front setback for the accessory structure. Public Works: No comments Utilities and Fire De artment/Count Planning: Little Rock Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. This area is currently served via an underground power line on the front of the lots. Entergy's records indicate that this lot is served by underground secondary cable on the southeast corner of the lot. There do not appear to be any conflicts with existing Entergy facilities. Contact Entergy in advance regarding service connections as the project proceeds. Centerpoint Energy: No comment. AT&T: No comment. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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 including metered connections off the private fire system. Contact Central Arkansas Water regarding the size and location of the water meter Fire Department: No comment. Building Codes: No comment. County Planning: No comments received. Rock Region METRO_ Location is not currently served by Rock Region METRO. No comments. Planning Division: No comments. Landscape:_ No comments. ITEM NO.:6. CON'T Z-9087 Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday October 21, 2015. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Wednesday October 21, 2015. The City - provided notice form must be used. Proof of notice is to be provided to staff no later than September 18, 2015. December 17, 2015 ITEM NO.: E NAME: LOCATION: OWNER/APPLICANT: PROPOSAL: 1. SITE LOCATION: LE NO.: Z-9087 #1 Orle Circle —Accessory Dwelling Conditional Use Permit #1 Orle Circle Gene Schoonmaker/Byron Holmes A conditional use permit is requested to allow an accessory dwelling on this R-2 zoned lot. The lot is located at the corner of Orle Circle and Mornay Lane, in Chenal Valley. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Orle Neighborhood is a gated neighborhood of large, single family residences on private streets. Other homes in the neighborhood are similar in that they utilize a port-cochere with an enclosed courtyard parking area and garage access. In so much as the accessory dwelling will only be used for family members and guests and not rented as a separate dwelling, the proposed use should be compatible with the neighborhood. A letter of approval from the Chenal Valley Architectural Control Committee has been provided by the applicant. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the representative for Chenal Valley Properties. 3. ON SITE DRIVES AND PARKING: The principle dwelling and accessory dwelling each require one (1) parking space. The proposed garage and driveway provide more than required parking. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: No comments. December 17, 2015 FILE NO.: Z-9087 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. This area is currently served via an underground power line on the front of the lots. Entergy's records indicate that this lot is served by underground secondary cable on the southeast corner of the lot. There do not appear to be any conflicts with existing Entergy facilities. Contact Entergy in advance regarding service connections as the project proceeds. Centerpoint Energy: No comment received. ATU: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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 including metered connections off the private fire system. Contact Central Arkansas Water regarding the size and location of the water meter Fire Department: No comment. Building Codes: No comment. County Planning: No comments received. Rock Region METRO: Location is not currently served by Rock Region METRO. No comments. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 14, 2015) The applicant was present. Staff presented the item and noted little additional information was needed. Staff requested a copy of the bill of assurance. The applicant presented a letter of approval from the Chenal Valley Architectural Control Committee. Other Agency Comments were noted- 2 December 17, 2015 ITEM NO.: E (Cont.) FILE NO.: Z-9087 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of an accessory dwelling to be built in connection with a new single family residence to be located on the R-2 zoned lot at #1 Orle Circle. Orle is a gated community of large single-family residences located in Chenal. The proposed accessory dwelling is to be located in an accessory structure that is connected to the principal dwelling by a port-cochere. The accessory structure will contain a garage, storage and the accessory dwelling. The accessory dwelling will be used by family members and guests of the homeowners. The structure will be constructed of the same materials as the principal dwelling and will give the appearance of only one structure, with a porte-cochere providing access to a parking courtyard behind the residence. Staff is not aware of any issues. The proposed construction is out of character with other homes in this neighborhood. The Chenal Valley Architectural Control Committee has approved the plans subject to some conditions. Those conditions are particular to the ACC's approval for this home and are not to be enforced by the City. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. LANNING COMMISSION ACTION: (NOVEMBER 5, 2015) The applicant's representative was present. There were no registered objectors present. Staff informed the commission that, on November 4, 2015, the applicant had requested deferral of the item to the December 17, 2015 meeting to allow for time to address concerns that had been raised by neighbors. There was no further discussion. A motion was made to waive the commission's by-laws to accept the late deferral request. That motion passed with a vote of 11 ayes, 0 noes and 0 absent. The item was then placed on the consent agenda and approved for deferral to the December 17, 2015 meeting by a vote of 11 ayes, 0 noes and 0 absent. 3 December 17, 2015 ITEM NO.: E (Cont.) FILE NO.: Z-9087 PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicants were present. There were two persons present in opposition. A letter of support from a neighborhood resident and the letter of conditional approval form the Chenal Architectural Control Committee had been given to the commissioners. A package from the opposition, including a petition signed by many neighborhood residents, had also been given to the commissioners. Staff presented the item and a recommendation of approval. Staff noted a typographical error in the "staff analysis" and stated the proposed construction was not out of character with other homes in the neighborhood. Amy Bagnall, attorney representing the applicants, spoke in support of the application. She stated the project had been vetted by the ACC pursuant to the bill of assurance and the Orle neighborhood restrictions. She presented photographs showing other homes in the neighborhood with similar design and Porte cocheres. Ms. Bagnall noted that some of those homes had what appeared to be two front doors. She stated there were many home in Chenal that had guest homes and pool houses with second kitchens. She stated this property would have one set of utilities, one mailbox and one address. Ruth Bell, of the League of Women Votes of Pulaski County spoke in support. She stated there were many homes in the Heights and Hillcrest neighborhoods that had accessory dwellings. She stated the lifestyles of today are changed and there was a need for this type of shared family living arrangement. Ms. Bell stated accessory dwellings could be an asset to a neighborhood and the community. Byron Holmes, builder or the home, presented a rendering of the home. Glen Thomas, of #2 Orle Circle, spoke in opposition. The presentation package he had previously prepared had been distributed to the commissioners. He stated he represented twenty-six home owners in the neighborhood who were opposed to the accessory dwelling. He said the neighbors viewed this as a duplex in a single family neighborhood. He described the construction as a second house on the property. He said he wasn't necessarily against the accessory dwelling but he wanted to know how occupancy of the second dwelling was going to be regulated in the future. Mr. Thomas said the property would likely be sold in the future as a single family house with a rental unit. He said there wasn't anything like this elsewhere in the city. Mr. Thomas then quoted from several sections of city code describing accessory structures in general. He again questioned how the city could enforce any provision that restricted the structure from being rented. Mr. Thomas said other homes in the neighborhood do not have anything that gives the appearance of a second home. He said the M December 17, 2015 ITEM NO.: E (Con FILE NO.: Z-9087 opponents had suggested that the applicant eliminate the second front door and porch. He questioned the building setbacks and stated other developers throughout Chenal would follow suit and put second dwellings on single family lots. He read the definition of "family" from the city code and again said there could be two families living on the lot. He voiced concern about increased traffic and decreased property values. Mr. Thomas closed by stating they wanted a compromise to eliminate the second front door. Amy Bagnall responded, stating: the structure is an accessory dwelling, the structure is not a rental property and family members will live in it, any conditions can be enforced by Chenal or the city, the structure fits with the neighborhood, the applicant got or is getting all needed approvals, the traffic will not be out of character for the neighborhood and if there was no second kitchen, there would be no need for a CUP. In response to questions from Commissioner Laha, Ms. Bagnall stated she did not know the price of construction and there were 4-5 bedrooms total, counting the principal dwelling and accessory dwelling. During the ensuing discussion, staff explained the platting of the property and how setbacks were determined and how the construction complied with all provisions of the code. Staff also discussed what components were necessary to make the structure a dwelling. Commissioner May asked if there wasn't a way to compromise by eliminating the second front door. The applicant did not give a verbal response but indicated no. Commissioner Latture commented that denial of the CUP would not change anything about the construction or look of the project, other than there would not be a kitchen in the accessory building. There being no further discussion, a motion was made to approve the application. The motion passed with a vote of 7 ayes, 4 noes and 0 absent. 5