HomeMy WebLinkAboutZ-9398 Staff AnalysisMarch 28, 2019
ITEM NO.: 5
NAME
LOCATION-
OWNER/APPLICANT
FILE NO.: Z-9
Dogwood Partners Accessory Dwelling — Conditional
Use Permit
3301 West Capitol Avenue
Dogwood Partners, LLC/Abigail Reaves
PROPOSAL: A conditional use permit is requested to allow an accessory
dwelling on the R-3 zoned property located at 3301 W.
Capitol Avenue.
SITE LOCATION:
The site is located at the southwest corner of W. Capitol Avenue and Brown
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that contains mixed residential zoning. Most of
the area is zoned R-3, with multiple lots zoned R-4, R-5 and PD-R. Single family
structures and duplexes are located in the general area. A Boy's Club facility,
including baseball fields, is located across Brown Street to the east. A community
garden is located to the southeast.
The applicant proposes to construct two (2) single family residences on the site,
one (1) of which will serve as an accessory dwelling. The proposed use is
compatible with uses in the area. Notice of public hearing was sent to the Capitol
View Stifft Station Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The applicant proposes to construct two (2) driveways from Brown Street; one (1)
to serve each of the two (2) residences. Each drive will be approximately 12 feet
wide and will allow for the parking of one (1) vehicle. Section 36-502 (b) (1) a. of
the City's Zoning Ordinance requires that at least one (1) parking space be
provided for each single family residence. The proposed plan complies with this
requirement.
4. SCREENING AND BUFFERS: No comments.
March 28, 2019
ITEM NO.: 5 Cont. FILE NO.. Z-9398
5. PUBLIC WORKS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of
W. Capitol Avenue and Brown Street.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Reclamation Water: No comments received.
Entergy: Entergy does not object to this proposal. There is an existing three
phase, overhead power line on the north side of West Capitol Ave. on the north
side of this property. It does not conflict with the project proposal. Contact
Entergy in advance to discuss electrical service requirements, or adjustments to
existing facilities (if any) as this project proceeds.
Centerpoint Ener : No comments received
AT&T: No comments received.
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
Fire Department:
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
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.
2
March 28, 2019
ITEM NO.: 5
Fire H drants
FILE NO.: Z-9398
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. TRANSPORTAT4ONIPLANNING:
Counly Planning: No comments received.
Rock Region METRO: No comments.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MARCH 6, 2019)
Aaron Jones was present, representing the application. Staff presented the application
and noted that there were no outstanding issues. The requested variances for the
accessory and principal dwellings were briefly discussed. The Public Works requirement
was also discussed. After the discussion, the Committee forwarded the application the
full Commission for resolution.
AFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for an
accessory dwelling (second dwelling) on the R-3 zoned property at 3301 W. Capitol
Avenue. The property is located at the southwest corner of W. Capitol Avenue and
Brown Street. The property is currently undeveloped and grass covered, with a few
small to medium size trees.
The applicant proposes to construct two (2) single family residences on the property,
one (1) of which will serve as an accessory dwelling. The property owner proposes to
rent both residences. The northernmost residence will be 990 square feet, and will be
located 19 feet back from the front (north) property line, five (5) feet from the west side
property line, 5.5 feet from the east street side property line and over 80 feet to the rear
(south) property line. The southern dwelling (accessory dwelling) will be 940 square
feet in area, will be located over 60 feet back from the front property line, five (5) feet
from the west side property line, 10 feet from the east street side property line (porch
3
March 28, 2019
ITEM NO.: 5 (Cont.
FILE NO.: Z-9398
portion only) and 22 feet from the rear property line. One (1) single car driveway from
Brown Street is provided for each of the dwellings. Each dwelling will be frame
construction and one (1) story in height, with a pitched roof.
The applicant is requesting three (3) variances with the proposed lot development. The
first variance is from Section 36-255 (d) (1) of the City's Zoning Ordinance. This section
requires a minimum front setback of 25 feet for principal structures in R-3 zoning. A
portion of the northernmost structure will be located 19 feet back from the front (north)
property line. The proposed residence will have a front setback similar to the other
residences to the west along W. Capitol Avenue.
The second variance is from Section 36-156 (a) (2), which requires a minimum street
side setback of 15 feet for accessory structures. A small portion of the porch section of
the south dwelling (accessory dwelling) will be located 10 feet back from the east street
side property line. The minimum principal structure setback from the property line is five
(5) feet.
The last variance is from Section 36-252 (a) (3). This section requires that when there
is an accessory structure on a property, one (1) of the two (2) dwellings must be
occupied by the landowner. As noted previously, the applicant plans to rent both
dwellings.
There were no issues b.y the Subdivision Committee which the applicant needed to
respond to. To staff's knowledge, there are no outstanding issues associated with this
application.
Staff believes that the proposal to construct two (2) single family homes on this
property, one (1) of which will serve as an accessory dwelling, is an appropriate use for
the property. There are a number of lots within this general area which are zoned R-4
and allow two (2) rental single family units on one (1) lot. The proposal to have two (2)
separate single family rental structures on this property will not be out of character with
the neighborhood. Additionally, the design and building setbacks of the proposed
structures will be compatible with the general area. Staff believes the proposed
principal and accessory structures will have no adverse impact on the surrounding uses
or general area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, including building setback and
accessory dwelling variances, subject to compliance with the comments and conditions
outlined in Sections 5 and 6 of the agenda staff report.
2
March 28, 2019
ITEM NO.: 5 Cont. FILE NO.: Z-9398
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
Aaron Jones was present, representing the application. There was one (1) objector
present. Staff presented the application with a recommendation of approval.
Aaron Jones addressed the Commission in support of the application. He made a
PowerPoint presentation to the Commission. He noted that the property will be sold
and that the new owner will live in the principal structure and rent the accessory
dwelling. He explained the construction of the structures. He noted that the size of the
structures will be compatible with other houses in the neighborhood.
Robert Walker addressed the Commission in opposition. He presented photos of other
properties in the neighborhood. He expressed concern with parking in the area.
Commissioner Berry explained that the proposed development was quality in -fill
development.
There was a motion to approve the application, as recommended by staff. The motion
passed by a vote of 9 ayes, 0 noes and 2 absent. The application was approved.
5
March 28, 20'19
ITEPA NO.: 5 F_,[ LF. hlc!.
NAME: Dogwood Partners Accessory Dwelling -- c=,orcc:litions --lil
Use Permit
LOCATION: 3301 West Capitol Avenue
OWNERIAPPLICAN'T.- Dogwood Partners, LLCj'Abigail Reaves
PROPOSAL: A conditional use permit is requeste!d t.r alkrot an
dwelling on the R-3 zoned property located at33i71'I .
Capitol Aafenue.
2.
3
SITE LOCATION:
The site is Ideated at the southwest corner of W. Cahiitol Averiurr and [arc %,in
Street.
COMPATIBILITY WITH NLIGH13OR1-IOOi]:
The property is located in an area Cheat contains mixed residerrt;:d -d.-:(:Jning.
the area is zoned R-3, with multiple lots zoned R-,, R-5 and PD-R. Single f:;in n l)Y,
structures and duplexes are located in the general area. A. Boy's Gil . ) fa,n lfi: �-,
including baseball fields, is local -cad across Brown "13'treiat: to P,, c;nrnrrc-unit'.,r
garden is located to the southeast.
The applicant proposes to construct hNio (2) single family residences on t:he :: He,
one (1) of which will serve as an accessonj dwellingi. The+ prop.)sed use is
compatible witl^I uses in the area. Notice of public hearing was writ to the,
View Stiffit Station Neighborhood ,association.
ON SITE DRIVES AND PARKING -
'The applicant proposes to construct biu-o (2) driveways frorn Brovin Strc:re:t; (1)
to serve each of the two (2) residences. Each drive will be approximately 1,2,,
wide and will allow for the, parking of one (1) vehicle. Section 3,5-502 (b) (I) .a. of:
the City's Zoning Ordinance: requires that at least one (1) p;.c,rl,JnI;y apes-cce b(-
provided for each single family residence. The, proposed plan r.:c,)rnpE ,, 1101l.-c
requirement.
4. SCREENING AND BJFFERS: No comments.
March 26, 2019
lTEN! i\IU.:_5 {Coat.) F-I1_L
5. PUBLIC WORKS
1. A 20 feet radial dedication of right-of-way is required at the
W. Capitol Avenue and Brown Street.
6. UTILITIES/FIRE DEPAIRTMENT/BUILDING CODES:
Kittle Dock Reclamation Water: No comments received.
En� erc : Entergy does not object to this proposal. -F here i:::, E.rri e,-,-d ;tirrcp Ihi*,:I ;�
phase, overhead power line on the north side of West Capitol Ave, +Nn th riradh
side of this property. It does not conflict with the project proposal. i .ontc�c,t
Entergy in advance to discuss electrical service requiremertla,, or adjustr; �:,, -I ,1i,:,
existing facilities (if any) as this project proceeds.
Centerpoint Ene .��rc : No comments received.
AT&T: No comments received.
Central Arkansas "later: NO OBJECTIONS; All Central A-s-li: ensas Water
requirements in effect at the time of requesi:'for water service ii-itist be,
Fire De Lartment:
Maintain Access:
Fire Hi dy_ ramts.
Maintain fire apparatus access roads at fire hydrant location,, o-,.s faE:r ,�'!eKaF�E;ri�,;li:►; _�
of the 2012 Arkansas Fire Prevention Code �fol. 1 S'ectlioni GD10:3.11
width with a hydrant.. Where a fire; hydrain't is located on ;-it firE;
road, the minir-num road width shall be 26 feE:t, exclusive Of „,Iraril+l:Trs.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2C+1 �:! ,�\rl,::rry :,;::
Fire Prevention Code Vol. 1 15er~tion ID103.2 Grade. Fire
roads shall not exceecl '10 percent in grade except a.:. Liv thi:,� firr: I::hief.
Q,.oardin
Maintain fire apparatus access road design as per Appendix D 201
Arkansas Fire Prevention Code Vol. 1 SectGan ID'1102.1 Access and loaicljn(::
Facilities, buildings or portions of buildings hereafter constructed sh,aH be,
accessible to '.fire department apparatus by way of an ,approved
access road with an asphalt, concrete or other a1317,11'OVE::+al dri1. irra
of supporting the imposed load of fire app;aarartLIS- wei+_Ihinc at
pounds.
2
March 28, 2019
ITEM NO.: 5_(Cont.)
Fire Hydrants
Locate Fire: Hydrantsas per Appendix C of the 21!01;2 Arkansas Firre
Prevention Code. Section C101 — C105, in conjunction with
Water (Daniel Tull 501-377-12.45) and the Little Rock Fire Mar.:;Inak:':
(Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501--�:)'ItD-::f
and Distribution of Fire Hydrants as per Table C105.1.
Building Codes: No comments.
7. TRANSPORTA.TIONIPLANNING:
County Plain- ing: No comments received.
Rock FRE�gLion METRQ: No corriments.
Planninti Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MAF).CF-I 6, 2-0'1S:i)
Aaron Jones was present, representing the applic-ation. "Staff presented ihc:: PalDl.li+,t:0i O 'l
and noted that there were no outstanding issues. The requested variances, fortlie:;
accessory and principal dwellings were briefly disclussed. The Publi<:: VVc,)6l s ner;,� r;: rrn nl:
was also discussed. After tine discussion, the- Comi-nittee forwarcledl the
full Commission for resolution.
STAFF ANALYSI
The .applicant is recjue:sting approval of a conditional use pen —nit tca ;:flIaor for ;:err
accessory dwelling (second dwelling) on the R-3 DA-led property it :31'D)-1' Oil'.
Avenue. The properly is located at the southwest corner of'Vvr. Capitol
Brown Street. The property is currently undeveloped and grass ccrverE:�d, w th ,a f;'a
small to medium size trees.
The applicant proposes to construct two 1(2D singlc •fsurnily re!sidE;ricE;;i; can the!Iar:aFn:.rll
one (1) of which will serve Ens .;un, accessory chivel[ing. .Thin: property
rent both residences. 'The noithernmost re:_;idenc:e will be, 9i:KD feet,
located '19 feet (Jack from the Front (north) property line, five (5) feet from th�a ►�n ;;; I ;i�::le
propcn!rty line, 5.:!� feet from the east s-Ireet sicle property line and 81:1, fe, :t :to th11!
(south) property line- The southern dwelling (accessory dwelling) will I.,e'194(J :Mqu are
feet in area, will be located over 60 feet back from the front property line, I`i%r+
from the west side property line, 10 feet from the east street. side IarEl;;►;r1't�j Ilio►�: (1.;: r.;! i
3
March 28, 2019
ITEM NO.: 5 Cont.. FILE t`Jt:).:
portion only) and ?_2 feet from the rear property line. One (1) single c:ar dri+�c:u� :ay rya f
Brown Street is provided for each of the dlivellings. Each dwelling v,,d be frarri(D
construction and one (1) story in height, with a pitched roof.
The applicant is requesting three (3) variances with the proposed IC)t
first variance is from Section 36-255 (d) (1) of the City's Zoning Ordi ,;:anrce. Thic:;
requires a minimum front setback of 25 feet for principal structure.-s in Ft-3
portion of the northernmost structure! Will be IOCatE:Cl 19 feet bark from i:he 'frcarrt
property line. The proposed residence! will have a tront setl:)a1c;H::_,irrvil�cr
residences to the. %VE,st along W. Capitol Avenue.
The second variance is from Section 36-1,56 (a) (21.), which requires a aiinirni,irn
side setback of 15 feet for accessory structures. A small portion oft-o
the south dwelling (acces sort' dwelling) will be located 10 feet back, frc:rrn ill-ie:; i ; :;:,`
side property line. The minimurn principal structure setbac k from line, i;:, il),'le
(5) feet:.
The last variance is from Section 36-252 (a) (3). This section requires that
is an accessory structure on a property, one (1) of the two (2) dvvellfrigs i'nust bt:
occupied by the landowner. .As noted previously, the applicant: pf;an tc:i VEI-IJ: I:►c:rlh
dwellings.
There were no issues b.ythe Subdivision C::ornmitte:;e:; v%i'hich the tri
respcond to. To staffs ,knovAedge,, there arEI. no or_ctstanding issue::. criith l -ci.
application.
Staff believes that the proposal to construct: two (2) single fan-iil`y honri�E!E'; 1:arI t:I-'s
property, one (1) of which veil" serve as an accessory dwrelling, is ,parr eaK.�pr ap:cric t:{_ �c : i r, r
the propertyr. There are a nuccnber of lots within thi;:, general arE-,3.�wltric;l c e:,r�. ;�:r.►n oil I ; , .
and allow two (2.) rental single farnily units, on on+-.: (1) loft. IFI-ie to
separate single family rental structures on this property %61[ not be out cif c; r_cr�arl:c:.r rrvt
the neighborhood. Additionally, the design and building setbacks of th,s propose-.1
structures will be compatible 1nrit:h the general area. Staff believes ffi'E: props:n,cad
principal and accessory structures will have no adVEI-se irrilpacit ora ttre
or general area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, including building se-t:berc k _trust
accessory dwelling variances, subject to compliance with th(-, con-u-ne.-nica an,d
outlined in Sections 5 and 6 of the agenda ;staff re loort.
4
March 28, 2019
ITEM NO. 5 Co -it,)
PLANNING COMMISSION fi,CTION: (MARCH 28, 2.01�:))
Aaron Tones was present, representing the applic,_ft:ion. There was one (1) c)tijr�;;t, r
present. Staff presented the application with a recommendation of approval.
Aaron Jones addressed the Commission in support of the application. He i-nacll:: a
PowerPoint presentation to the Commission. He noted that the properly wllf 1)1:. ;.cic;l
and that the new owner will live in the principal structure and mmt the
dwelling. He explained the construction of the structures. Fie notElc:l that th_:::! siz:: crl
structures will be compatible with other houses in the neighborhood.
Robert Walker addressed the. Commission in opposition. He presented photos cr'7
properties in the neighborhood. He expressed concern with parking in
Con-lmissioner Beriy explai ied that the, proposed develapnnent )nr;�-:r,,:.1auErl,tllr irl•-fill
development.
There was a motion to approve the application, as recomm�.:nded by, The rr..r.:l i;:arl
passed by a vote of 9 ayes, U noes an(] 2 absent. 'rhe application vlas adprcive,.J.
5