HomeMy WebLinkAboutCover Letter 08302110825 Financial Centre Parkway, Suite 300
Little Rock, Arkansas 72211
et,4)oCrafton Tu l I 501.664.3245 (ph)
® architecture I engineering I surveying 501.664.6704 (fax)
Little Rock Board of Zoning Adjustment
723 W. Markham Street
Little Rock, AR 72201
Re: Application for Variance for 322 S. Broadway Street
Dear Sir or Madam,
DD 17 Broadway LLC, an Arkansas limited liability company ("Dyne"), hereby submits an
application for a variance for the real property located at 322 S. Broadway Street in Little Rock,
Arkansas (the "Property"). The Property consists of approximately 0.50 acres located at the
northwest corner of Broadway Street and 4th Street. The Property is zoned as a UU Urban Use
District and is currently occupied by a surface parking lot. Dyne has a leasehold interest in the
Property, which is owned by Metropolitan Land Company, LLC, an Arkansas limited liability
company.
I. Plan for the Property and Request for Variance
Dyne, whose parent entity is the largest Tropical Smoothie Caf6 franchisee in the nation,
plans to open a Tropical Smoothie Caf6 restaurant on the Property. This caf6 will replace the
former Broadway location situated inside the office building at the intersection of Broadway and
6th Street. Dyne closed the former location during 2020 in anticipation of developing this
freestanding caf6. The new caf6 at the Property will fill the demand for an affordable and
convenient healthy restaurant in the downtown area with easier access for customers than the
former location.
Dyne hereby requests four variances from the literal provisions of Little Rock City Code
("City Code") Section 36-342.1, which provides the regulations for the UU District. Specifically,
Dyne requests variances from:
a. City Code Section 36-342.1(c)(3), to permit installation of a drive -through window
on the east side of the Property facing Broadway Street.
b. City Code Section 36-342.1(c)(7), to permit placement of the building's primary
entrance away from the street and sidewalk.
C. City Code Section 36-342.1(c)(8), to permit construction of a building with a
surface area of less than 60% transparent or window display.
d. City Code Section 36-342.1(c)(10)(b), to permit placement of parking spaces
between the building and Broadway.
C
iP Crafton Tull
architecture I engineering I surveying
10825 Financial Centre Parkway, Suite 300
Little Rock, Arkansas 72211
501.664.3245 (ph)
501.664.6704 (fax)
Pursuant to City Code Section 36-69(b)(2), the Board of Zoning Adjustment has the power
to hear requests for variances where strict enforcement of the zoning code would cause undue
hardship due to circumstances unique to the individual property under consideration. Additionally,
the Board may grant such variances only when such action would be in keeping with the spirit and
intent of the zoning code. These criteria are discussed for each variance request herein.
II. Undue Hardship
Applicants for variances must show that strict enforcement of the zoning code would cause
undue hardship due to circumstances unique to the property in question.
a. Placement of drive -through window.
City Code Section 3 6-342. 1 (c)(3) states: "No new drive-in or drive -through facilities may
be visible or take directed access from a primary street." Broadway is a primary street; therefore,
a variance is required for Dyne to place a drive -through window facing Broadway. The site plan
included with this application details the location of the building and drive -through window.
Dyne considered multiple other site plan layouts for the Property; however, due to the size
of the Property and the location of the access streets, the proposed site plan is the most efficient
for traffic circulation.
As shown on the site plan, placement of the drive -through window on the Broadway side
of the building will allow drive -through traffic to queue around the remainder of the building
without blocking the Broadway entrance and exit lane. Dyne's average 11:00 AM to 1:00 PM
drive -through stack in the Little Rock region is eight cars at a time. The proposed site plan is the
only way to allow for this eight -car stack without blocking the Broadway access.
The Broadway entrance and exit lane is important for access and circulation because 4th
Street is a one-way street. Any other placement of the drive -through window would either cause a
reduction in the stacking capacity of the drive -through or otherwise interfere with the operation of
the Broadway entrance and exit lane. Dyne's business model relies on drive -through capabilities,
particularly in downtown where customers particularly value convenience. Therefore, placing the
drive -through window on another side of the building would cause Dyne undue hardship.
b. Placement of primary entrance.
City Code Section 36-342.1(c)(7) 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." As shown on
the site plan, the main entrance to the caf6 will be in the back of the building (facing away from
Broadway and 4th Street) and will not connect to a sidewalk.
19% c4pe Grafton Tu I I
architecture I engineering I surveying
10825 Financial Centre Parkway, Suite 300
Little Rock, Arkansas 72211
501.664.3245 (ph)
501.664.6704 (fax)
Dyne requests permission to place the main entrance on the back of the building facing away from
any street because the front of the building will have the drive -through window. It would be
infeasible to place the main entrance next to the drive -through window facing Broadway. It would
also be infeasible to place the main entrance on the south side, facing 4th Street, because the drive -
through menu board and speaker post will be there.
Additionally, due to the Dyne's reliance on drive -through service as discussed above,
Dyne's building must be placed within the center of the Property to allow for drive -through
stacking on the west, south, and east sides and an open drive aisle on the north side. Connecting
the building's main entrance to a sidewalk would require eliminating a portion of the drive -through
or the open drive aisle, which would inhibit Dyne's business model.
C. Building window surface area.
City Code Section 36-342.1(c)(8) states: "The ground -level (street fronting) floor of
nonresidential structures shall have a minimum surface area of sixty (60) percent transparent or
window display." Dyne requests a variance form this provision.
As a franchisee, Dyne is limited to certain building design requirements set by the
franchisor, Tropical Smoothie Cafe. The franchisor requires all cafes to have windows of a certain
size in order to promote a uniform design, and 60% window coverage exceeds those thresholds.
Additionally, the kitchen and food preparation area fill the interior building space around
the drive -through window, and windows into these "behind -the -counter" areas are rare. With the
drive -through window facing Broadway, Dyne would be forced to place windows around much of
its kitchen to meet the 60% requirement. Therefore, Dyne requests a lower window coverage
requirement for the Property.
d. Placement of parking spaces.
City Code Section 36-342.1(c)(1O)(b) states: "Surface parking is to be located behind or
adjacent to a structure, never between the building and abutting street." As shown on the site plan,
Dyne plans to place parking spaces on the east side of the Property, between the building and
Broadway.
As discussed above, this building layout is the only feasible one for Dyne. To comply with
the Code requirements, Dyne would need to place all parking on the north and west sides of the
Property. Dyne cannot move the building southward to allow for parking on the north side of the
Property, for such placement would eliminate a portion of the drive -through on the south side and
a portion of the drive aisle on the north side. Dyne also may not move the building eastward to
create more parking on the west side, as such a move would place the drive -through lane
Crafton Tu I I
architecture I engineering I surveying
10825 Financial Centre Parkway, Suite 300
Little Rock, Arkansas 72211
501.664.3245 (ph)
501.664.6704 (fax)
immediately adjacent to Broadway and would create a congested parking area on the west side.
Therefore, Dyne requests permission to place a row of parking spaces between the building and
Broadway.
III. Spirit and intent of the zoning code
Applicants must also show that the requested variance will be in keeping with the spirit
and intent of the City Code. The City Code prohibits drive -through facilities facing primary streets,
requires primary entrances to be placed on the sidewalk facing the street, requires at least 60%
window coverage on the street fronting of buildings, and prohibits parking spaces between
buildings and abutting streets in the UU District all in order to preserve the district's pedestrian -
focused, urban atmosphere.
Here, Dyne plans to follow the spirit and intent of the UU District regulations by placing
screening around the drive -through window. This screening will obscure vision of the drive -
through window so motorists and pedestrians will not see it from Broadway. Dyne will work with
city staff to ensure the screening is adequate. With the window blocked from view, the eastern face
of the cafe will be compatible with a pedestrian area.
Dyne will also comply with the spirit and intent of the Code by adding sidewalk ramps and
crosswalks to a wide sidewalk along the west and south sides of the building. Therefore, despite
the placement of the main entrance away from the streets and sidewalks, pedestrians who wish to
visit will still be able to easily access the building.
Though Dyne does not plan to include at least 60% window coverage on the street side of
the building, Dyne's building will still be modern, bright, and aesthetically pleasing. The cafe's
tropical look will fit well in the downtown urban atmosphere and will draw both pedestrians and
commuters.
Finally, the placement of parking spaces between Broadway and the drive -through window
will promote the urban atmosphere by adding a buffer between the sidewalk and the drive -through
lane. With the line of parking spaces abutting the Broadway sidewalk, pedestrians using the
sidewalk will not have to walk between moving cars on Broadway and moving cars in the drive -
through lane.
(ro* Crafton Tull
architecture I engineering I surveying
IV. Conclusion
10825 Financial Centre Parkway, Suite 300
Little Rock, Arkansas 72211
501.664.3245 (ph)
501.664.6704 (fax)
I have enclosed with this letter the application for the four variances discussed herein.
Thank you in advance for your consideration of our application, and please let me know if you
have any questions.
Sincerely,
Crafton Tull
V
Bra ey A. Peterson, PE
VP - Infrastructure