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HomeMy WebLinkAboutZ-5114-A BOA Action Letter 021122JANUARY 20, 2022 ITEM NO. A Z-5114-A 1 File No.: Z-5114-A Owners: Bank of the Ozarks c/o Legal Department, P.O. Box 8811, Little Rock AR, 72231 Applicant: Mark Redder – Holloway Engineering Address: 109 N. Chester Street Lot Legal Description: Lot BR-A Signature Subdivision being a replat of Lots BR and CR of the Signature Subdivision to the City of Little Rock and Being more particularly described as follows: Beginning at the Southeast corner of Lot BR of the said Signature Subdivision which is also on the north right of way of West Markham Street; thence continue along said right of way North 80 degrees 27 minutes 54 seconds West 124.97 feet; thence along a curve to the right 39.38 feet having a radius of 25.00 feet and a chord bearing and distance of North 35 degrees 20 minutes 16 seconds West 35.43 feet to a point which is also on the east right of way of North Chester Street; thence North 09 degrees 47 minutes 21 seconds East 84.84 feet; thence South 80 degrees 27 minutes 54 seconds East 10.00 feet; thence North 09 degrees 36 minutes 54 seconds East 79.95feet; thence along a curve to the right31.40 feet having a radius of 20.00 feet and a chord bearing and distance of North 54 degrees 35 minutes 35 seconds East 28.27 feet to a point which is also on the south right of way of West LaHarpe Road (Arkansas State Highway 10); thence South 80 degrees 25 minutes 45 seconds East 100.56 feet; thence leaving said right of way South 09 degrees 33 minutes 46 seconds West 84.55 feet; thence South 80 degrees 52 minutes 31 seconds East 19.37 feet; thence South 09 degrees 45 minutes 47 Seconds West 125.41 feet to the point of beginning. Zoned: UU Urban Use District Present Use: Bank Branch (Vacant) / Surface Parking Proposed Use: Convenience Store JANUARY 20, 2022 ITEM NO. A Z-5114-A 2 Variance(s) Requested: The parking regulations of Sec. 36-342.1 to allow placement of parking between the building and street. The street-level floor orientation regulations 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 sign regulations of Sec. 36-342.1 to allow a ground mounted sign. The sign regulations of Sec. 36-557 to allow an on-premises sign without street frontage. Justification: The applicant’s justification is presented as per the attached letter dated October 19, 2021. 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. 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, 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 JANUARY 20, 2022 ITEM NO. A Z-5114-A 3 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. C. Building Codes Comments: No Comments JANUARY 20, 2022 ITEM NO. A Z-5114-A 4 D. Staff Analysis: The property at 109 N. Chester St. is currently occupied by a vacant Bank OZK branch. The property is located at the northeast corner of N. Chester St and W Markham and extends to the north where it is bordered by W. LaHarpe Blvd (AR State Highway 10). The property to the east is occupied by a surface parking area and associated single story office building. The applicant is proposing to raze the existing structure and construct a new Circle K convenience store with fuel dispensers. The sketch provided by the applicant indicates that the site will be accessed by each of the three surrounding streets and from an access easement located on the east side of the property. The store with associated parking and gas pumps will face north towards LaHarpe. Service will be located off of Markham St in the rear of the property and secondary site entries will be located from N Chester to the west and the adjacent property to the east. The applicant is 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)(10) [Parking requirements.] b. states, “Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street.” Therefore, the applicant is requesting that parking be allowed between the building and street right-of-way. 2. 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.” Transparency requirements are requested to be less than 60% due interior public spaces not being provided. 3. Section 36-342.1(c)(11) Signs, states, Ground-mounted signs are discouraged and may only be permitted as a variance as per division 2 of this chapter. If permitted the sign must adhere to the size requirements of Sec. 36-555 – Signs permitted in commercial zones. Applicant is requesting a variance to allow for a ground mounted sign. 4. Section 36-557 (a) Special provisions for on-premises signs and other sale promotion devices., states, “All on-premises wall signs must face required street frontage…” The applicant is requesting an additional sign that will face the adjacent east property and be visible from W Markham Street. The applicant proposes to develop a vehicular-oriented convenience store with gas pumps. Similar variances have been granted to comparable developments in the UU District. JANUARY 20, 2022 ITEM NO. A Z-5114-A 5 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 (January 20, 2022) The applicant was present via WebEx. There were five (5) objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the parking requirement, glass surface area signage, landscaping and on-premises signage variances be approved with conditions as per the staff report. Mark Redder, James Harkins, Eddie Bailey, and Jared Coleman were present, representing the application. Staff presented the application with a recommendation of approval. City Attorney Sherri Latimer addressed the Board. She stated that a moratorium had been issued by the Little Rock City Board of Directors regarding similar types of commercial business and that this application will not be impacted by the resolution. Mark Redder addressed the Board in support of the application. He briefly described that efforts had been made to contact and meet with the surrounding property owners to address any concerns they have about the project. Jim McClelland addressed the Board via WebEx. He stated that he owned property to the east of the project. He stated that he opposed the project and believed it would escalate the crime problems that already exist in the area. Reba Wingfield addressed the Board via WebEx. She stated that she opposed the project and that she believed that it would contribute to the crime, vandalism and homelessness already plaguing the area. Roxana Martino addressed the Board via WebEx. She stated that she did not particularly oppose the application, but she did not receive information in advance regarding the construction of a convenience store. She stated that the notices sent out did not include information about what the variances were for. A general discussion regarding the application in relation to the moratorium was held by the Board. JANUARY 20, 2022 ITEM NO. A Z-5114-A 6 City Attorney Sherri Latimer summarized the discussion stating that the Board was not responsible for interpretation of the City Boards decision and that this was not a hearing to grant a permit just variances. Patrick Laughlin addressed the Board via WebEx. He stated that he was one of four owners of the property at 921 west Markham Street on the south side of the proposed site. He stated that he and his partners attended meetings with the developer and believe their concerns had been addressed. Jordan Smith addressed the Board via WebEx. He stated that was the business partner with Mr. Laughlin and that they were satisfied with the efforts being made by the developer prior to their meeting with them concerning the site development. He also stated that he believed the new business would reduce the crime in the area. Candace Woodruff addressed the Board via WebEx. She stated that owned the former LaHarpes building and was interested in addressing the homeless situation in the area and thought the new business would contribute to the area. Neil Deininger addressed the Board. He stated that he was opposed to the application and that he received little or no notification that a convenience store was being constructed at that location. He stated that the notices sent out was misleading and did not mention the full intent of the project. He wanted to know what federal, state, or city ordinance governed the notification process. He also stated that crime in the area was rampant and that a convenience store would only draw more homelessness and vandalism to that intersection. A general discussion occurred with Board members Allison, Grinder, and City Attorney Latimer regarding the implications of the City Boards moratorium and that the resolution was in the process of being filed by the city Clerk. Attorney Latimer stated that the purpose of the Board of Adjustment was solely to consider the variances requested and not permitting or other issues related to the site. Mark Redder addressed the Board stating that he believed he and the developer had made every effort possible to meeting the requests of the commission and the neighboring landowners. A general discussion occurred with the Board members regarding the variances, statements by the applicants and concerns of the opposition. There was a motion to approve the application. The motion passed by a vote of 3 ayes, 2 nays, 0 absent.