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HomeMy WebLinkAboutZ-8257-B Staff AnalysisMARCH 25, 2019 ITEM NO.: A File No.: Owner: Applicant: Address: Description: Zoned: Z -8257-B 5701 Kavanaugh LLC HR and DuValian 5701 Kavanaugh Blvd. Southwest corner of Kavanaugh Blvd. and Fillmore Street C-3 Variance Requested: Variances are requested from the height and area provisions of Section 36-301 and the parking provisions of Section 36- 502 to allow construction of a new building with increased building height, decreased building setbacks and a reduced number of off-street parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Retail/Office/Residential STAFF REPORT A. Public Works Issues: 1. Public Works staff has no comments in respect to the variances to Chapter 36 of the Code of Ordinances. 2. Prior to approval of the building permit, the pavement design of the proposed parking facilities should channelize runoff into the downstream gutter. 3. The alley apron servicing the south side of the property appears to be in poor condition and may not currently conform to ADAAG. Public Works staff may request reconstruction of the alley apron as a condition of approval of the building permit. 4. Access ramps for the disabled built in conformance with ADAAG and Public Works design standards must be provided at the intersection of Kavanaugh Blvd. and N. Fillmore Street prior to approval of the certificate of occupancy. 5. Any shrubs or landscaping proposed within the 50 foot sight triangle at the intersection of Kavanaugh Blvd. and N. Fillmore Street must be maintained below a height of 30 inches. Location of landscaping or other private improvements within the public right of way may require a franchise agreement with the Public Works prior to approval of the certificate of occupancy. 6. All private improvements within the right of way, such as building awnings, signs or overhangs, may only be permitted with a franchise agreement. Contact Bennie MARCH 25, 2019 ITEM NO.: A =N'T. Z -8257-B Nicolo with Public Works for more information on how to obtain a franchise agreement. 7. Prior to approval of the building permit, all proposed striping and signage must conform to the Manual of Uniform Traffic Control Devices and is subject to approval of the Public Works. 8. Additional comments may follow prior to Public Works approval of a building permit for the proposed project. B. Landscape and Buffer Issues: Site plan must comply with the Little Rock Zoning Ordinance and the City's minimal landscape and buffer ordinance requirements. 2. A franchise agreement must be obtained from Little Rock Public Works to place any landscape materials in the public right-of-way. 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. A City Beautiful Commission variance may be required to eliminate the planting strip adjacent to the parking and the west property lines. 4. 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. A City Beautiful Commission variance may be required to eliminate the required building landscape area. 5. All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. 6. 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. 2 MARCH 25, 2019 ITEM NO.: A CON'T. Z -8257-B C. Staff Analysis: The C-3 zoned property located at 5701 Kavanaugh Blvd. is currently undeveloped. The property is located at the southwest corner of Kavanaugh Blvd. and N. Fillmore Street. A two-story commercial building which previously existed on the site has recently been removed. A 20 foot wide paved alley right-of-way is located along the rear (south) property line. The property is comprised of two (2) lots, Lots 1 and 2, Block 6, Mountain Park Addition. The overall property is 50 feet wide by 140 feet deep (7,000 square feet). The applicant proposes to construct a new four (4) story mixed use building on the property, as noted on the attached site plan. The proposed building will be constructed with zero setbacks from all property lines. Balcony portions of the building will extend across the north and east property lines, into the Kavanaugh Blvd. and N. Fillmore rights-of-way. Five (5) parking spaces will be located at the rear of the property under the upper floors of the building. The proposed four (4) story building will have an overall height of 52 feet. The applicant provided the following information with respect to building area and use of each floor: First Floor: An approximately 4200 s.f. area will be for retail use facing Kavanaugh Blvd. and Fillmore St. This lease space may be either restaurant or retail sales space that may change over time. It is envisioned that a small outdoor dining area will be included as part of the overall 4200 s.f. area. Five (5) parking spaces (under the upper floors of the building) would be provided and accessed off the alley for building tenants. Second Floor: An approximately 6250 s.f. Dental Office practice for a well respected local dentist would be relocated to this floor and patients would access the practice via a stair and elevator lobby on Kavanaugh Blvd. Third and Fourth Floors: The combined enclosed space on the two floors of 8850 s.f. would be for approximately five (5) high end Condominium units. The fourth floor enclosed area would be set back from the building edge (not extending out to the property line) to create large terraces for the residences. This will reduce the building bulk up against the adjacent streets. The applicant is requesting several variances with the proposed project. The first variance is from the area provisions of Section 36-301(e)(1),(2) and (3) of the City's Zoning Ordinance. This section requires a minimum front (north) setback of 25 feet, a minimum street side (east) setback of 25 feet and a minimum rear (south) setback of 25 feet. As noted previously, the proposed building will have zero setbacks from all property lines, with balcony portions extending into the Kavanaugh Blvd. and N. Fillmore Street rights-of-way. The second variance is from the building height provisions of Section 36-301(d). This section allows a maximum building height of 35 feet. The applicant is requesting an overall building height of 52 feet. 3 MARCH 25, 2019 ITEM NO.: A (CON'T. Z -8257-B The final variance is from the parking provisions of Section 36-502. This section requires 42 off-street parking spaces for the first floor if the use is restaurant and 14 spaces if the use is retail. Six (6) parking spaces is required for each dentist occupying the second floor. The number of dentists for the dental office is not known. The condo units require seven (7) parking spaces. Staff does not support the variances as requested. Staff views the request as unreasonable and feels that the applicant is proposing to over -build the site. The proposed building height of 52 feet (four(4) stories) will be out of character with the other commercial buildings along Kavanaugh Blvd., which have heights of one (1) and two (2) stories. The upper floors of the proposed building will overlook the existing single family properties to the north across Kavanaugh Blvd. creating an undue burden on those properties. Additionally, staff feels that the proposed size and use of the building will create a parking demand that will put a strain on the available parking in this immediate area. The very large dental office will have employees which will need all -day parking and patients which will need parking of various lengths of time, some possibly several hours. The occupant/owners of the third and fourth floor residential units would have an expectancy of 24/7 use of parking tied to their occupancy. The applicant is also proposing portions of the building to extend into the Kavanaugh Blvd. and N. Fillmore Street rights-of-way, which also indicates an overbuilding of the site. Staff believes the proposed development is too intense for this 7,000 square foot lot along Kavanaugh Blvd. and that the development will have adverse impacts on the surrounding property owners and the parking demand in this general area. D. Staff Recommendation: Staff recommends denial of the requested building height, setback and parking variances. Board of Adjustment (December 10, 2018) Staff informed the Board that on December 4, 2018 the applicant submitted a letter to staff requesting this application be deferred to the January 28, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the January 28, 2019 agenda. The vote was 3 ayes, 0 noes, 1 absent and 1 open position. Board of Adjustment (January 28, 2019) Staff informed the Board that on January 18, 2019 the applicant submitted a letter to staff requesting this application be deferred to the March 25, 2019 agenda. Staff supported the deferral request. L, MARCH 25, 2019 ITEM NO.: A (CONT.) Z -8257-B The item was placed on the consent agenda and deferred to the March 25, 2019 agenda. The vote was 3 ayes, 0 noes, 1 recusal (Lindsey -Polk) and 1 open position. Staff Update: The applicant submitted a revised site plan and additional information to staff on February 26, 2019. The revised plan lowers the proposed building height from four (4) stories (52 feet) to two (2) stories (approximately 30 feet), with a new exterior building design (masonry exterior). The new building elevations are attached for Board review. The reduction in building height eliminates the need for a building height variance. The proposed two (2) story building will continue to occupy essentially the same footprint as the original proposal. Therefore, the requested building setback variance will remain the same as noted in paragraph C. of the staff report. The new building design contains no balconies. There will be three (3) parking spaces located at the rear (south end) of the property under the second floor of the building. The applicant provided the following updated information with respect to building area and use of each floor: • First Floor: Approximately 4700 net s.f. area will be for retail use facing Kavanaugh Blvd. and Fillmore St. This lease space would be sub dividable and may be retail sales or restaurant/coffee shop space that may change over time. Three parking spaces (under the upper floors of the building) would be provided and accessed off the alley for building tenants. In addition an enclosed trash room would be an adjacent space at the southeast corner of the building facing the alley. • Second Floor: An approximately 6630 s.f. Dental Office practice for a well respected local dentist would be relocated to this floor and patients would access the practice via a small stair and elevator lobby on Kavanaugh Blvd. • Mezzanine: Just above the parking area, between the first and second floors is an 1130 net s.f. mezzanine for mechanical, electrical and service space with the remaining available to dental practice "off stage" needs. • The Dental clinic will begin with 6 employees and if the practice grows to two doctors (which is the plan) they will have 10 employees. The applicant also continues to request a variance for reduced off-street parking, as noted in paragraph C. of the staff report. As noted previously, there will be three (3) off-street spaces located at the rear of the property accessed from the alley right-of-way. Additionally, there will be eight (8) on -street spaces located adjacent to the new building development, along Kavanaugh Blvd. and N. Fillmore Street. The applicant has also submitted a written agreement with Iberia Bank to use 25 off-street parking spaces on the parking deck/roof of the bank building at 5800 "R" Street, approximately two (2) blocks to the west. The bank parking deck has 100 spaces, of which 75 are required by code for 5 MARCH 25, 2019 ITEM NO.: A CQN'T. Z -8257-B the bank use. The remaining 25 spaces will be available for use by tenants of the subject property. Employees of the dental clinic and uses of the first floor will be able to utilize the parking deck. Staff is supportive of the revised plans, including parking and building setback variances. Staff feels that the applicant has addressed the two (2) major issues previously raised by staff, by eliminating the building height variance and by providing off-site parking for the project. The proposed building with reduced setbacks will not be out of character with many other commercial buildings throughout the Heights area, especially along Kavanaugh Blvd. Staff's support of the parking variance is based on the applicant maintaining the parking agreement with Iberia Bank. Staff feels that with parking for the employees of the building, adequate on -street parking will exist in the area to serve the new building. Staff has supported similar other parking variances (for restaurants) along Kavanaugh Blvd. in the past. Staff believes that the new building with building setback and parking variances will have no adverse impact on the adjacent properties or the general area. Revise Staff Recommendation: Staff recommends approval of the revised building setback and parking variances, subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs A and B of the staff report. 2. The lease (use) agreement for a portion of the existing parking deck at 5800 "R" Street (Iberia Bank) must be maintained. If the lease (use) agreement expires, the parking variance will become void and the parking variance must be brought back to the Board of Adjustment for further consideration. Board of Adjustment (March 25, 2019) The applicant was'present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. r"