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HomeMy WebLinkAboutZ-9403 Staff AnalysisApril 25, 2019 ITEM NO.: NAME: 2322 West 3rd Street Short -form PD-R LOCATION: 2322 West 3rd Street DEVELOPER: Brian Teeter 50 Edgehill Road Little Rock, AR 72207 OWNER/AUTHORIZED AGENT: J Hoffman Properties, LLC/owner Brian Teeter/authorized agent SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensely, AR 72065 AREA: 0.10 acres WARD: 3 CURRENT ZONING ALLOWED USES PROPOSED ZONING: PROPOSED USE VARIANCE/WAIVERS: BACKGROUND: NUMBER OF LOTS: 1 PLANNING DISTRICT: 9 R-3 LE NO.: Z-9403 FT. NEW STREET: 0 LF CENSUS TRACT: 48 Single Family, Non -Conforming Duplex PD-R Two -Family None requested. The property is occupied by a circa 1930, bi-level, frame, residential structure. At some point in the past, the structure was converted into a duplex. The applicant acquired the April 25, 2019 SUBDIVISION ITEM NO.: 12 Cont. FILE NO.: Z-9403 property over 10 years ago and the building was a duplex when he bought it. The building has separate electrical and gas utilities for each unit and a shared water meter. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting approval of PD-R zoning for the property to recognize the existing duplex. The applicant states he recently attempted to refinance the property and the lender was unable to underwrite the loan because the building's current zoning is inconsistent with its use. B. EXISTING CONDITIONS: The lot is occupied by a circa 1930, bi-level, frame, residential structure. Uses in the immediate area include both single family and two-family dwellings. A four unit apartment building is located one block to the east. A mid -sized multifamily development is located one block to the northeast. Industrial zoning and the MoPac railroad is located one block to the south. C. NEIGHBORHOOD COMMENTS: Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Capitol View-Stifft Station Neighborhood Association. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of W. 3rd Street and Dennison Street. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the structure on this property from on overhead power line at the back of the property. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities. Centerpoint Energy: No comments received. AT & T: No comments received- 2 April 25, 2019 SUBDIVISIO ITEM NO.: 12 (Cont. Central Arkansas Water: FILE NO.: Z-9403 NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Deoartment: No Comment Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: 1 Hr. Fire Separation Required between Duplex Units / Smoke Wall Required in Attic Space. Landscape: No Comment. G. TRANSPORTATION/PLANNING- Rock Region Metro. No comments received. Planning Division: This request is located in 1630 Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-3 (Single -Family District) to PD-R (Planned Development Residential) to recognize an existing duplex. Master Street Plan: West of the property is Dennison Street and it is shown as a Local Street on the Master Street Plan. South of the property is W 3rd Street and it is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. 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. Bicycle Plan: There are no bike routes shown in the immediate vicinity. 3 April 25, 2019 SUBDIVISION ITEM NO.: 12(Cont.)FILE NO.: Z-9403 Revised plat/plan: Submit responses to staff issues and four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on or before April 10, 2019. If you have any questions please contact Dana Carney, dcarney(a)littlerock gov or 501.371.6817 or Jamie Collins, acollins0littlerock.00v or 501.371.6818. H. SUBDIVISION COMMITTEE COMMENT: (April 3, 2019) The applicant was not present. Staff stated they would meet with the applicant to go over any issues. Staff presented the item and stated the applicant would be asked to explain how the structure was divided, what the square footage of each unit was and the number of bedrooms per unit. Staff stated they would ask where parking occurred. Public Works comments were noted. Comments from the other departments and reviewing agencies were noted. The committee forwarded the item to the full commission. ANALYSIS. Staff met with the applicant subsequent to the committee meeting. The structure is divided into a main floor unit and a downstairs unit. The main floor unit is approximately 1,500 square feet with 3 bedrooms and 2 baths. The lower level unit is approximately 800 square feet and contains 1 bedroom and 1 bath. Each unit has a separate entrance. Utilities are separated other than water. A gravel driveway and parking area is located at the rear of the lot, taking access off of Dennison Street. On street parking is available in front of the property on both 3rd Street and Dennison Street. Both units are rental. No changes are proposed to the property or the structure. The applicant agreed to the radial right of way dedication at the intersection. J. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-R subject to compliance with the comments and conditions outlined in paragraphs D, E and F and the staff analysis in the agenda staff report. PLANNING COMMISSION ACTION: (APRIL 25, 2019) The applicant was present. There were two registered objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. 4 April 25, 2019 SUBDIVISIO ITEM NO.: 12 (Cont. FILE NO.: Z-9403 The applicant, Brian Teeter, stated he had purchased the property as a duplex ten years ago. He stated there were two rental units and he was proposing no change. He stated he wanted to make improvements to the property. John Rogers, of 220 Dennison Street, stated the house had been in disrepair for years. He stated it was occasionally occupied by transients. He questioned the difference between R-3 and PD-R zoning. Staff explained the difference. Mr. Rogers stated what the applicant was saying did not match the neighbors' perception of the property. There was then a discussion of the non -conforming status of the property. Commissioner Vogel stated the applicant had purchased the property ten years ago as a duplex. In response to a question from Commissioner Rahman, staff discussed under what circumstances duplex zoning would be denied or approved, if the structure were not already a duplex. A neighborhood resident (unidentified) asked why do a PD-R when R-3 permits a duplex (as a conditional use). Staff responded a PD-R was more restrictive. The neighbor asked if the property would revert to single family if the zoning was denied. Staff responded it would not. In response to a question, Mr. Teeter stated he had previously had the property listed for sale. A motion was made to approve the application subject to compliance with all staff comments and conditions. The vote was 5 ayes, 3 noes and 3 absent. The motion failed. ITEM NO.: 12 NAME: 2322 West 31d Street Short -form PD-R LOCATION: 2322 West 3rd Street Planning Staff Comments: File No. Z-9403 Provide notification of the (abutting property owners/propertyowners/property owners within 200-feet of the site) including the certified abstract list, notice form with affidavit executed and proof of mailinJ The nn}ir•c he mailprl nn later fhan Qnril in 2n1p The office of Planning and Development must receive the proof of notice no later, than April 19, 2019. 2. How is the structure divided % vvhat is the square footage of each unit, number of bedrooms Per unit? 3. Where does parking occur? VarianceNVaivers: None requested. Engineering Comments: Public Works Conditions: 1. A 20 feet radial dedication of right-of-way is required at the intersection of W. 3rd St. and Dennison St. Utilities/Fire De artmentlParks/Count Planning: Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the structure on this property from on overhead power line at the back of the property. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities. Centerpoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: ITEM NO.: 12 File No. Z-9403 NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No Comment Parks and Recreation: No comments received. County Planning: No comments received - Building Codes/Landsca e: Buildin Code: 1 Hr. Fire Separation Required between Duplex Units / Smoke Wall Required in Attic Space Landscape: No Comment. Trans ortationlPlannin Rock Region Metro: No comments received. Planning Division: This request is located in 1630 Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-3 (Single -Family District) to PD-R (Planned Development Residential) to recognize an existing duplex. Master Street Plan: West of the property is Dennison Street and it is shown as a Local Street on the Master Street Plan. South of the property is W 3rd Street and it is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. 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. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Revised plat/plan: Submit responses to staff issues and four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on or before April 10, 2019. If you have any questions please contact Dana Carney, dcarneyp,littlerack. gov or 501.371,6817 or Jamie Collins, gcollins Iittlerock. ov or 501.371.6818.