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HomeMy WebLinkAboutZ-9385 Staff AnalysisMarch 28, 2019 ITEM NO.: B FILE NO.: Z-9385 NAME: Phillips Duplexes — Conditional Use Permit LOCATION: East side of Weldon Avenue, south of West 44th Street OWNER/APPLICANT: Savage Properties LLC/Stanley Phillips PROPOSAL: A conditional use permit is requested to allow for the construction of two (2) duplex structures on three (3) R-3 zoned platted lots located on the east side of Weldon Avenue, approximately 150 feet south of West 44t" Street. 1. SITE LOCATION; The site is located on the east side of Weldon Avenue, approximately 150 feet south of West 44th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area predominantly zoned R-3 and R-2. A number of single family residences and vacant lots are located in the area. A few duplex structures are also located in the general area. A neighborhood park is located to the northeast. The applicant proposes to construct two (2) duplex structures on three (3) platted lots. The proposed use is compatible with uses in the area. Notice of public hearing was sent to the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The applicant proposes to construct two (2) 20 foot wide paved driveways from Weldon Avenue, one (1) to serve each duplex structure. Each duplex structure will have six (6) paved parking spaces within the front yard areas. Section 36-502 (b) (1) (c) of the City's Zoning Ordinance requires a minimum of three (3) parking spaces for each duplex structure (1.5 spaces per unit). The applicant is providing six (6) paved parking spaces for each duplex structure. 4. SCREENING AND BUFFERS: No Comments. March 28, 2019 ITEM NO.. B (Cont.) FILE NO.: Z-9385 5. PUBLIC WORKS: 1. Weldon St. is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer Available to this site. One service tap required per building (2 units per building) Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. There is an existing overhead power line which runs along the north side of Weldon St north of this location. Contact Entergy in advance to discuss electrical service requirements, line extensions and facilities locations, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT&T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be 2 March 28, 2019 ITEM NO.: B (Cont.) FILE NO.: Z-9385 accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: No comments_ 7. TRANSPORTATION/PLANNING: Counly Plannin : No comments received. Rock Region METRO: No comments Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 23, 2019) Stanley Phillips and Kwendeche were present, representing the application. Staff presented the application. Staff noted that the site plan needed to be revised to show the proposed lot line to replat the three (3) lots into two (2) lots. Staff also noted that a variance needed to be requested for reduced side setback. The Public Works right-of- way requirement for Weldon Avenue was briefly discussed. It was determined that five (5) additional feet of dedication would be required. After the discussion, the Committee forwarded the application to the full Commission for resolution. 3 March 28, 2019 ITEM NO.: B (Cont.) FILE NO.: Z-9385 STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for the construction of two (2) duplex structures on three (3) platted lots located on the east side of Weldon Avenue, approximately 150 feet south of West 44th Street. The lots are 50 feet wide and approximately 148 feet deep. The lots are currently undeveloped. The applicant proposes to replat the three (3) lots into two (2) lots, and construct a 2,300 square foot duplex structure on each of the two (2) replatted lots. The duplex structures will be one (1) story in height with hip roofs and asphalt shingles. The duplex structures will be constructed on concrete slabs, and be wood frame construction with vinyl siding and vinyl clad windows. Each duplex structure will be located over 55 feet back from the front (west) property lines and five (5) feet back from the north side property line and south side property line of the overall property. Each duplex structure will be located four (4) feet back from the center, dividing side property line. The structures will be located 47 feet back from the rear property lines. Six (6) paved parking spaces (three (3) per unit) will be provided for each duplex structure. New paved driveways from Weldon Avenue will serve the duplex structures. Section 36-255 (d) (2) of the City's Zoning Ordinance requires minimum side setbacks of five (5) feet for structures constructed in R-3 zoning. As noted above, the applicant is proposing four (4) foot interior side setbacks for each duplex structure. Therefore, the applicant is requesting a variance to allow the reduced side setbacks. The applicant responded to issues raised at Subdivision Committee by providing a revised site plan to staff. The revised plan shows the proposed replatted center lot line and the required right-of-way dedication for Weldon Avenue. The applicant also requested a side setback variance for each duplex structure. To staff's knowledge, there are no outstanding issues associated with this application. Staff believes the proposed two (2) duplex structures located on three (3) platted lots located on the east side of Weldon Avenue, south of West 44th Street is an appropriate use for this property. The two (2) duplex structures will only be a minor increase in the original platted density for this property. The proposed duplex structures will not be out of character with the general area. Other duplex structures are located one (1) block to the east along Bowers Street. Staff believes the proposed duplexes will have no adverse impact on the subdivision or surrounding uses. 4 March 28, 2019 ITEM NO.: B (Cont. STAFF RECOMMENDATIO FILE NO.: Z-9385 Staff recommends approval of the requested CUP and side building setback variance, subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) Staff informed the Commission that on February 8, 2019 the applicant requested this application be deferred to the March 28, 2019 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 28, 2019 agenda. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (MARCH 28, 2019) Stanley Phillips was present, representing the application. T Mere were several objectors present. Staff presented the application with a recommendation of approval. Stanley Phillips addressed the Commission in support of the application. Mr. Phillips explained that he had made investments and improvements to the neighborhood. He noted that he had a management company and that he was a good landlord. He explained that his developments were quality developments. Carolyn Heitman, president of the John Barrow Neighborhood Association, spoke in support of the application. She noted that Mr. Phillips was attentive to the needs and concerns of the neighborhood. Fred Spiker addressed the Commission in opposition. He noted that there had been numerous police reports for Mr. Phillips' duplexes on Bowers Street. He stated that Mr. Phillips' duplexes were not quality developments. Delisa Rader also spoke in opposition. She noted that she lived next door to Mr. Phillips' duplexes on Bowers Street and there had been numerous police calls to the property. She explained that Mr. Phillips was not a good landlord. Dianna Todd Wesley also spoke in opposition. She had complaints about Mr. Phillips' existing duplexes on Bowers Street. Beulah Scott also spoke in opposition. She discussed Mr. Phillips' existing duplexes in the area. 5 March 28, 2019 ITEM NO.: B Cont. FILE NO.: Z-9385 James Murray also spoke in opposition. He noted problems with Mr. Phillips' existing duplexes. Mr. Phillips made additional comments regarding the proposed duplexes. He noted that he was providing twice as much parking as required by code. He noted that his proposed development met ordinance standards. He explained that he always addresses concerns of the neighbors when the concerns are brought to his attention. He noted that single family home sales were not good within the neighborhood. There was a brief discussion regarding the Commission's review of the application. In response to a question from the Commission, Mr. Phillips noted that he had employed a management company for over two (2) years. Commissioner May noted that Mr. Phillips needed to get with neighbors in the area to work out issues. Jennifer Wilkerson also spoke in opposition. She stated concern with narrow streets with ditches in the area. Ms. Rader made additional comments regarding the existing duplexes on Bowers Street and the neighborhood association meetings. Shelly Smith also spoke in opposition. She stated that Mr. Phillips was not revitalizing the neighborhood. There was a motion to approve the application, as recommended by staff. The motion failed by a vote of 3 ayes, 6 noes and 2 absent. The application was denied. 9