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HomeMy WebLinkAboutZ-9114 Staff AnalysisMarch 10, 2016 ITEM NO.: 7 FILE NO.: Z-9114 NAME: Rebick Accessory Dwelling — Conditional Use Permit LOCATION: #1 Mallard Pointe Cove OWNER/APPLICANT. Michael and Mary Jane Rebick/Brad Ewing PROPOSAL: A conditional use permit is requested to allow for the construction of an accessory dwelling on this R-2 zoned, 5± acre tract. ITE LOCATION: The property is located at the south end of Edswood Road, south of Kanis Road. The property is located outside of the city limits but within the City's zoning jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area populated primarily by large single family residences on large lots and tracts. The applicant's property is 5± acres in size. It is not apparent to staff if there are any properties in the area with accessory dwellings. Some of the properties in the area are inaccessible due to being located in a gated neighborhood. It does appear reasonable to assume that a 405 square foot accessory dwelling on a 5± acre lot already occupied by a 4,000 square foot house is not going to be impactful on other properties in the area. Notice of the public hearing was sent to all owners of properties located Within 200 feet of the site and the Coalition of West Little Rock Neighborhoods. 3, ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling each require one on -site parking space. Access to the lot is via a single driveway of Mallard Pointe Cove. The existing house has a garage. The proposed accessory dwelling is within an accessory structure that will have a garage as well. A circular driveway on the property provides vehicle circulation to both. 4. SCREENING AND BUFFERS: No comment. March 10, 2016 ITEM NO.: 7 5. PUBLIC WORKS COMMENTS: FILE NO., Z-9114 1. The Edswood Road Extension is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Outside Service Boundary — No comment. Entergy: Entergy does not object to this proposal. There are no conflicts with existing Entergy facilities as there are no electrical lines in the vicinity of the proposed building. Service is currently being provided to the existing house via an underground service. Contact Entergy in advance to determine electrical service requirements and facilities locations due to this guest house construction. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments. Fire Department: No comments. (Notice sent to West Pulaski VFD.) Building Codes: No comment. County Planning: Provide septic approval from Arkansas Dept. of Health. Rock Region METRO: a) METRO does not currently serve this area and it is not on our Long Range Plan. Plan nin Division: No comment. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 17, 2016) The applicant was present. Staff presented the item and noted some additional information was needed regarding the building's design. Staff asked if separate utilities were requested for the accessory dwelling and if the accessory dwelling would be rented. Staff noted septic system approval must be provided by the Arkansas Dept. of Health prior to construction of the accessory dwelling. Staff 2 March 10, 2016 ITEM NO.: 7 (Cont.) FILE NO.: Z-9114 asked the applicant to provide a statement of approval from the West Pulaski Volunteer Fire Department. Public Works staff discussed the requirement of right-of-way dedication across the front (east) perimeter of the site. Staff presented an aerial photograph with the road alignment indicated. The applicant was advised that the dedication must be completed prior to construction of the accessory dwelling. The applicant was advised to respond to staff issues by February 24, 2016. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS The R-2 zoned, 5± acre tract located at #1 Mallard Pointe Cove is occupied by a 4,000 square foot single family residence and outbuildings, including a 2,400 square foot shop. The property is located outside of the city limits, within the City's zoning jurisdiction. The area is fairly rural in nature and characterized by large single family residences on larger lots and tracts. The applicants are requesting approval of a conditional use permit to allow for construction of an accessory dwelling. The proposed accessory structure will be 1,232 square feet in area divided into a 405 square feet accessory dwelling and an 827 square foot garage. The one-story structure will have an exterior of Acme Oxford Brown brick to match the existing house. The structure will have a roof with a 7:12 pitch with Certaineed Hatteras architectural shingles. The accessory dwelling will contain 1 bedroom, 1 bath, a kitchen and a great room. The accessory dwelling will not be rental property. It will be occupied only by the property owners family, close relations or guests. Separate utilities are requested, in part due to the separation between structures. The accessory structure is located 130 feet from the north property line, 270 feet from the west property line, 350 feet from the east property line and 180 feet from the south property line. The structure is about 120 feet from the house. To staff's knowledge, there are no outstanding issues. There is no bill of assurance for this acreage tract. Construction of the accessory dwelling cannot commence until septic system approval from the Dept. of Health is presented to staff. 3 March 10, 2016 ITEM NO.: 7 (Cont_ STAFF RECOMMENDATION: FILE NO.: Z-9114 Staff recommends approval of the requested CUP subject to compliance with the following: 1. Compliance with the comments in Sections 5 and 6 of the agenda staff report. 2. One of the dwellings (accessory or principal) must be occupied by the property owner as required by the Zoning Ordinance. 3. The accessory dwelling is to be occupied only by family, close relations and guests of the property owner and is not to be rented. 4. Septic system approval from the Dept. of Health must be presented to staff prior to commencing construction of the accessory dwelling. PLANNING COMMISSION ACTION - (MARCH 10, 2016) The applicant was present. There was one person present in opposition. Three letters of opposition had been received by staff and forwarded to the commissioners. Staff present the item and a recommendation of approval as outlined in the "staff recommendation" above. Brad Ewing, the applicant, addressed the commission and briefly described the proposal. He reserved time to respond to issues raised by the objector. Chris Newkirk, of 12 Mallard Point Cove, spoke in opposition. He stated he had developed the subdivision of 5+ acre tracts and it had been his intent to develop a bill of assurance for the properties. He stated Mr. Rebick was the third owner of #1 Mallard Point Cove and he had approached Mr. Rebick about his helping to develop a bill of assurance. Mr. Newkirk said his opposition was not so much against the structure but rather the location of the structure as well as other issues on the subject property. He stated the proposed building should be located elsewhere on the site, where it would be less visible. Mr. Newkirk showed photographs of the Rebick property, indicating other out buildings on the property. Mr. Newkirk expressed concern about the general condition of the Rebick property. Brad Ewing responded and made note of the proposed large setbacks. In response to a question from Chair Dillon, Mr. Ewing stated the location was chosen in part due to a pond and septic field lines. A motion was made to approve the application, including all staff comments and conditions. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. M SUBDIVISION COMMITTEE COMMENTS FEBRUARY 17, 2016 ITEM NO.: 7. REBICK ACCESSORY DWELLING CONDITIONAL USE PERMIT #1 MALLARD POINTE COVE Z-9114 Plannin Staff Comments: 1. There is no Bill of Assurance associated with the property. 2. Provide some information proposed building design; one story or two, exterior finish, roof. 3. Are separate utilities requested for the new building? 4. Will the accessory dwelling be rented or is there a commitment not to? 5. In the R-2 Zoning District, one of the dwellings (principal or accessory) must be occupied by the property owner. 6. Provide septic approval from Arkansas Department of Health. 7. Provide statement of approval from west Pulaski; VFD Variance/Waivers: ■ None requested. Public Works: 1. The Edswood Road Extension is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required Utilities and Fire Department/County Planning: Little Rock Wastewater: Outside Service Boundary — No comment. Entergy: Entergy does not object to this proposal. There are no conflicts with existing Entergy facilities as there are no electrical lines in the vicinity of the proposed building. Service is currently being provided to the existing house via an underground service. Contact Entergy in advance to determine electrical service requirements and facilities locations due to this guest house construction. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments. Fire Department: No comments. Building Codes: No comment. County Planning: Provide septic approval from Arkansas Dept. of Health. Rock Region METRO: a) METRO does not currently serve this area and it is not on our Long Range Plan. ITEM NO.:7. CON'T (Z-9114) Planning Division: No comment Landscape: No comment on this residential C.U.P. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday, February 24, 2016. 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 February 24, 2016. The City - provided notice form must be used. Proof of notice is to be provided to staff no later than March 4, 2016.