HomeMy WebLinkAboutZ-7315-A Action Letter - Approved with Conditions 102821Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Brad Peterson
100 River Bluff Drive
2125 North Cleveland Street
Little Rock, AR 72223
Date: 10/28/2021
Dear Mr. Peterson:
Planning
Development
Building Codes
File No. Z-7315-A
Location: Northwest Comer of Broadwa
Street and W. 4th Street
Issue: Drive-thru, building orientation and
Street -level floor orientation provisions.
This is to advise you that in connection with your application, File No. Z-7315-A_5 the following action
was taken by the Board of Adjustment at its meeting on October 21. 2021.
(a) Approved the application as filed.
(b) Approved the application with conditions.
(c) Denied the application.
(d) Deferred the application to the meeting.
(e) Withdrew the application.
(f) See attached Board of Adjustment minute record for conditions.
(g) Other:
If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of
work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted
by the Board. Otherwise, the Board's approval of the application shall be considered void.
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have questions, please call me at (501)371-4864.
Sincerely',
D. Tracy Spi man, Plans Development Administrator
DTS/vh
OCTOBER 21, 2021
ITEM Nn 3
Z-7315-A
File No. - Z-7315-A
Owners: Metropolitan Land Co. LLC
Applicant: Crafton Tull
Attn: Brad Peterson
Address: Northwest Corner of Broadway Street and W 4th Street
Legal Description: Lot 7, 8, and 9, Block 118 Original City of Little Rock,
Zoned: UU Urban Use District
Present Use: Surface Parking
Proposed Use: Drive-Thru Restaurant
Variance(s) Requested: The drive-thru provisions of Sec. 36-342.1 to allow a new
drive -through facility that is visible and takes direct access
from the primary streets.
The building orientation provisions of Sec. 36-342.1 to allow a
building without orientation to the primary street.
The street -level floor orientation provisions of Sec. 36-342.1
to allow the ground level floor of a structure without the
minimum surface area of 60% transparent or window display.
The parking requirements of Sec. 36-342.1 to allow
placement of parking between the building and street.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments
B. Buffering -and Landscape Comments:
1. Site plan must comply with the Little Rock Zoning Ordinance, Sec. 36-342.1. UU
Urban Use District and the City's minimal landscape and buffer ordinance
requirements.
2. Signage is to be reviewed and permitted separately.
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OCTOBER 21, 2021
ITEM NO.: 3 (CON'T.
Z-7315-A
3. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at least
nine (9) feet wide. The property is located in the City's designated mature area. A
twenty-five (25%) percent reduction of the buffer requirements is acceptable. The
minimum dimension of the perimeter planting strip shall be six (6) feet nine (9)
inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty
(30) linear feet of perimeter planting strip.
4. Screening requirements will need to be met for the vehicular use areas adjacent
to street rights -of -way. Provide screening shrubs with an average linear spacing of
not less at three (3) feet within the required landscape area. Provide trees with an
average linear spacing of not less than thirty (30) feet.
5. For parking areas with twelve or more spaces eight percent (8%) of the vehicular
use area must be designated for green space; this green space needs to be evenly
distributed throughout the parking area(s). The minimum size of an interior
landscape area shall be one hundred fifty (150) square feet for developments with
one hundred fifty (150) or fewer parking spaces.
6. Building landscape areas shall be provided between the vehicular use area used
for public parking and the general vicinity of the building. These shall be provided
at the rate equivalent to planter strip three (3) feet wide along the vehicular use
area. One (1) tree and four (4) shrubs shall be planted in the building landscape
areas for each forty (40) linear feet of vehicular use area abutting the building.
7. An irrigation system shall be required for developments of one (1) acre or larger.
For developments of less than one (1) acre a there shall be a water source within
seventy-five (75) feet of all plant material if an automatic irrigation system is not
provided.
8. All landscape areas shall be protected as per City of Little Rock Landscape
Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of
mulch, edging, wheel stops, and/or concrete curb and gutter.
9. All ground or roof mounted mechanical systems shall be screened from abutting
properties and streets. Any trash receptacles or pickup shall be oriented away from
a primary street side of the property and screened from the public right-of-way.
Screen shall exceed the height of the dumpster or trash containment areas by at
least two (2) feet no to exceed eight (8) feet total height.
10.The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements
can be given when preserving trees of six (6) inch caliper or larger.
11.Any Chapter 15, landscape code requirements that cannot be met may require a
variance from the City Beautiful Commission.
2
OCTOBER 21, 2021
ITEM NO.: 3 (CON'T.) Z-7315-A
C. Building Codes Comments:
No Comments
D. Staff Anal sls:
Tropical Smoothie is proposing to construct a new stand-alone restaurant on the
Urban Use (UU) zoned property at 322 S. Broadway Street. The property consists
of .05 acres and is located the northwest corner of Broadway and W. 4t" Streets.
The submitted site plan indicates four areas of concern that will require variances to
develop the site as proposed.
First: To allow the drive through window to face a primary street. The applicant has
stated that placement of the drive -through window facing Broadway will allow
stacking of eight cars around the building without blocking the primary site access
from Broadway.
Second: Placement of primary entrance. In the UU District the primary building
entrance is required to be at street level and oriented towards the street and the
sidewalk. Due to the requested placement of the drive through window the applicant
has stated that it would not be feasible to place the building entrance in the heaviest
traffic areas presented by the proposed vehicular circulation. In addition, connecting
the building entrance to the sidewalk would eliminate a portion of the open drive
aisle.
Third: Building Window Surface Area. The UU District requires street fronting ground
level surface areas to have a minimum transparent window display of sixty (60)
percent. The franchisor requires all their cafes to have windows of a certain size to
promote a uniform design, and 60% window coverage exceeds those thresholds. In
addition, the employee only areas will fill the interior of the building surrounding the
drive -through and "behind -the -counter" areas which would allow exterior visibility to
the food preparation areas.
Fourth: The placement of parking spaces. The surface parking in the UU District is
required to be located behind or adjacent to the structure and not between the
building and abutting street. The applicant has stated that the placement of the
building has dictated the site and parking layout and suggested an alternate layout
would create a congested parking area.
The applicants are requesting several variances from the UU district development
criteria established in Section 36-342.1 (c). The variances are as follow:
1. Section 36-342.1. (c)(3) [Drive-in ordrive-through facilities.] states, "No new drive-
in or drive -through facilities may be visible or take directed access from a primary
street." (Broadway and W. 4t" St). The applicant is requesting that the drive -
through facilities will be located on the east side of the building adjacent to
Broadway Street which will be visible from both Broadway and W. 4t" Streets.
9
OCTOBER 21, 2021
ITEM NO.: 3 [CON'T.
Z-7315-A
2. Section 36-342.1 (c)(7) Building orientation, states, "Buildings must be oriented to
the street. The primary entrance of the building shall be at street level on the street
at the sidewalk. Entrances shall be designed so that the door will not swing
beyond the property line." The applicant is requesting that primary entrance to the
building be located on the north side of the structure oriented away from the from
the street to allow pedestrians minimal interaction with the vehicular circulation.
3. Section 342.1 (c)(8) Street -level floor, states, "The ground -level (street fronting)
floor of nonresidential structures shall have a minimum surface area of sixty (60)
percent transparent or window display." The applicant is requesting that the
transparency requirements allowed to be less than 60% due to the interior food
preparation area being orientated towards the street.
4. Section 36-342.1 (c)(1 0) Parking Requirements, states, Surface parking is to be
located behind or adjacent to a structure, never between the building and abutting
street. Due to the proposed layout and vehicular circulation the applicant is
requesting a variance to allow parking between the building and street rights -of -
way.
The applicant proposes to develop a vehicular -oriented restaurant. Similar variances
have been granted to other drive-thru restaurants in the area.
Staff believes that each of the requested variances is appropriate.
E. Staff Recommendation:
Staff recommends approval of the requested variances, subject to compliance with
the Public Works and Landscape comments outlined in paragraphs A & B of the staff
report.
Board of Adjustment
(October 21, 2021)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "Staff Recommendation". There
was no further discussion.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 5 ayes, 0 nays and 0 absent.
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