HomeMy WebLinkAboutBOA Action Letter - Approved With ConditionsDepartment of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Mike Orndorff
609 E. 21" Street
Little Rock. AR 72202
File No. Z-5333-A
Location: 501-503 E. 21" Street
Planning
Development
Building Codes
Issue: Reduced front & rear yard setbacks
Date: November 25, 2022
Dear Mr. Orndorff
This is to advise you that in connection with your application, File No. Z-5333-Athe following action
was taken by the Board of Adjustment at its meeting on November 17 2022
(a) Approved the application as filed.
(b) X Approved the application with conditions.
(c)
(d)
(e)
(fl
(g)
Denied the application.
Deferred the application to the - meeting.
Withdrew the application.
X See attached Board of Adjustment minute record for conditions.
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) 371-4790.
Sincerely,
Brad Jordan, Gevei nt Manager
BSJ/vh
NOVEMBER 17, 2022
ITEM NO. 1
File No.:
Owner:
Applicant:
Address:
Legal Description:
Zoned
Z-
Z-5333-A
Jaybird Investments LLC
Mike Orndorff
501-503 E 21 st St
Lots 1 & 2, Block 407, Duvall's Subdivision to Little Rock,
Arkansas
C-3
Variance Requested: A variance is requested from the area provisions of Section
36-301 to allow a building addition with a reduced front yard
setback.
Justification: The applicant's justification is presented as per the attached
letter.
Present Use: Vacant
Proposed Use: Mixed -use, Residential / Retail
STAFF REPORT
A. Planninq and Development Civil Engineering:
No Comments
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. 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.
The north and south perimeter planting strips are deficient.
3. 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
NOVEMBER 17, 2022
ITEM NO. 1 (CON'T.)
Z-5333-A
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.
4. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. As a component of all land use buffer requirements, opaque screening,
whether a fence or other device, a minimum of six (6) feet in height shall be
required upon the property line side of the buffer. A minimum of seventy (70)
percent of the land use buffer shall be undisturbed. Easements cannot count
toward fulfilling this requirement. The plantings, existing and purposed, shall be
provided within the landscape ordinance of the city, section 15-81.
Screening requirements will need to be met adjacent to the north
residential zoned property. Surveyor to mark and place protective fencing
adjacent to the residential buffer before any site work begins.
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
C. Building Codes Comments:
No Comment.
D. Staff Analvsis:
The C-3 zoned property located on the southeast corner of E. 21 st and Commerce
Streets was until recently occupied by a small one-story masonry building. The
800 square foot structure was built in 1925 and has served various commercial
ventures throughout the years, including a coffee shop, hair salon, and daycare.
Recently the building has stood unoccupied and was razed by the owner to provide
for a new mixed -use property.
I)
NOVEMBER 17, 2022
ITEM NO. 1 CON'T. Z-5333-A
The property to the east is occupied by a park while the properties north of the site
are zoned C-3 across 21st Street.
The overall site is divided by two (2) 0.16 acre lots. The applicant has stated that
they intend to construct two (2) separate buildings for each of these parcels. Both
buildings will be three (3)-stories in height with retail space and residential on the
ground floor and apartments and townhomes on the second and third floors. The
site plan indicates Building one to be located on the corner of Lot one with first floor
retail facing 21st and S. Commerce Streets with two ground floor residential units
fronting Commerce St. at the rear of the building. Building two is shown to face E.
21st St. with two retail spaces located on the street and three residential units placed
behind these spaces on the ground floor. A courtyard will be located between the
two buildings and sixteen (16) off-street parking spaces will be provided on site
behind the buildings.
Multi -use developments supporting both retail and residential within a single building
are allowable under C-3 zoning. However, this zoning classification does require a
25-foot front yard setback. In addition, multi -family developments in this zoning are
required to adhere to R-5 zoning standards which only allow a density of thirty-six
(36) units per acre. A sixteen (16)-acre site would only allow a density of six (6) units
per acre on each lot of this development. Parking is required at the rate of 1.5 spaces
per multi -family unit and one (1) space for every 400 square feet of retail space. The
floor plans submitted by the applicant indicated twenty-one (21) residential spaces
and approximately 2075 square feet of retail space. This would require a minimum
of thirty-six (36) on -site parking spaces.
Section 36-301(e)(1) Front yard states, "There shall be a front yard having a depth
of not less than twenty-five (25) feet to the front line of the building. Additionally,
Section 36-301(e)(2) Side Yard states, "... On a corner lot, the side yard on the street
side or exterior side shall be equal to the front yard setback." Therefore, the applicant
is requesting a variance to allow the building to be constructed with a 0-lot line
placing the structures on the property line adjacent to the E. 21st and S. Commerce
Streets right-of-way
Section 36-259(b)(1)(b) states, "Multifamily residential structures not to exceed
thirty-six (36) units per gross acre." Therefore, the applicant is requesting a variance
to increase the density of the sites to allow twelve (12) residential units on Lot 1 and
thirteen (13) residential units on Lot 2.
Section 36-502(b)(1) Residential Uses (c)(2) states, "Other, 1.5 spaces per unit."
and Section 36-502(b)(3)(a) states, "General business and retail sales (except as
otherwise provided herein). One (1) space per four hundred (400) square feet of
gross floor area...." Therefore, the applicant is requesting that the on -site parking
requirements for this mixed -use development be reduced to sixteen (16) on -site
parking spaces.
Historically, this section of E. 21st Street was the commercial center of the
neighborhood, and it is reflected in the current zoning, as most surrounding
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NOVEMBER 17, 2022
ITEM NO. 1 (CON'T.)
Z-5333-A
properties are zoned C-3, General Commercial district on both sides of the street
with the remainder of the properties being zoned R-4. The Pettaway Neighborhood
is seeing continued investment in the construction of new homes and renovation of
older homes.
A similar development is under construction northwest of the subject property in the
400 block of E. 21St Street. A PCD was approved in June of 2020 that provided for
a multi -building mixed use development that included six (6) buildings with
residential, office and commercial uses. Each building will be two (2) stories in
height, with the building height not to exceed thirty-five (35) feet. As part of the
development the buildings were allowed to be constructed adjacent to the front
property line and interior parking was reduced.
Staff views the setback, density, and parking variances as reasonable. The
proposed front and side yard setbacks will not be out of character with how the
neighboring PCD property to the northwest is being developed. The density of the
project is approaching R-6 high rise development or seventy-two (72) units per acre.
The largest living unit measures at approximately 700 square feet with the smallest
apartment measuring approximately 400 Square feet.
The proposed parking does not meet the north or south or perimeter planting strip
requirements of a minimum of six (6)-feet nine (9)-inches. A variance from The City
Beautiful Commission will be required before the parking can be developed as
indicated on the site plan. Staff recommends reducing the parking to four (4) spaces
and providing perimeter planting areas, landscape, and screening as per Chapter
15 — Landscaping and Tree Protection.
E. Staff Recommendation:
Staff recommends approval of the side setback variance, subject to the following
conditions:
Compliance with the Landscape and Buffer requirements as noted in paragraph
B. of the Staff report.
2. Revise plan to remove / eliminate concrete curb and gutter from extending
beyond north property line onto adjacent property and adjacent property
alleyway frontage at the northwest portion of the site.
Board of Adjustment (NOVEMBER 17, 2022)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval as outlined in the "Staff Recommendation"
above. The item remained on the Consent Agenda for approval. A motion was made to
approve the Consent Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application
was approved.
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