HomeMy WebLinkAboutZ-3922-A Staff AnalysisFILE NO.: Z -3922-A Cont.)
store and outdoor patio. The plan includes the placement of a gas pump canopy
on the site. There will be seven fueling stations with underground storage tanks.
Currently, there is a branch bank, two story structure and parking lot on the
property. The existing improvements will be removed to allow the new
construction.
The existing driveway on Broadway is shared with the development to the north
and will remain in place and continue to be shared. The existing driveway on
South Arch Street will remain as access to the site. The dumpster will be
screened as required by ordinance.
Currently there are five (5) driveways along 3rd Street. The developer is
proposing to eliminate the five (5) existing driveways and construct two (2) new
driveways which will provide adequate access to the proposed convenience
store. This will require a variance which the developer is requesting.
B. EXISTING CONDITIONS:
The property is located on the northwest corner of 3rd and Broadway Streets.
Located on the property are a closed branch bank, a auto body paint shop and
an underground parking garage. South of the site is an auto repair shop and a
surface parking lot. North of the site is a commercial building containing
Enterprise Rental Car and an auto detail shop. Across Broadway is the County
Courthouse and a surface parking lot. Within this general area there are a
number of Federal, State, County and City offices. Also there are a number of
multi -story office buildings, surface parking lots and parking structures.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a few informational phone calls from area
residents. All property owners located within 200 -feet of the site along with the
Downtown Neighborhood Association and the Downtown Partnership were
notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. 3rd Street is classified on the Master Street Plan as a minor arterial with
special design standards. A dedication of right-of-way 35 feet from
centerline will be required.
2. A 20 foot radial dedication of right-of-way is required at the intersection of
Broadway and 3rd Streets.
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FILE NO.: Z-3922-A(Cont.)
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy. Remove existing curb cuts that will
no longer be used.
4. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must
not exceed 36 feet. The driveway spacing on Broadway and 3rd Streets is
required to be 300 feet from other driveways and streets and 150 feet from
side property lines. Visibility at the north Broadway driveway is obstructed
due to the existing building constructed to the property line. A variance
must be requested for the proposed driveway locations.
5. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
6. The proposed driveway on Arch Street will effect on street metered parking.
Show impact parking spaces and meters.
7. Erosion controls must be installed to reduce discharge of polluted
stormwater.
8. In accordance with Section 32-8, no obstruction to visibility shall be located
within a triangular area 50 feet back from the intersecting right-of-way line
(or intersecting tangent lines for radial dedications) at the intersection of 3rd
Street with Arch Street and 3rd Street with Broadway Street.
9. A 20 foot radial dedication of right-of-way is required at the intersection of
3rd Street and Arch Street.
10. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
11. Since the property to the north takes access across the subject property, an
access easement should be provided.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
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FILE NO.: Z -3922-A (Cont.
2. If there are facilities that need to be adjusted and/or relocated, contact Central
Arkansas Water. That work would be done at the expense of the developer.
3. Contact Central Arkansas Water if additional fire protection or metered water
service is required.
4. The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the Developer's
expense.
5. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water's Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 377-1226 if you would like to
discuss backflow prevention requirements for this project.
6. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water's material
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of a
Customer Owned Line Agreement is required.
Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the
Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Site is accessible to a number of bus routes. Only Y2 mile from
downtown travel center.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Building Code: Project is subject to full commercial plan review approval prior to
issuance of a building permit. State of Arkansas approvals will be required for a
Fueling Facility. For information on submittal requirements and the review
process, contact a commercial plans examiner: Curtis Richey at 501.371.4724;
crichey@iittlerock.orq or Mark Alderfer at 501.371.4875; malderfer littlerock.or .
C!
FILE NO.: Z -3922-A Cont.
Planning Division: This request is located in the Downtown Planning District.
The Land Use Plan shows Mixed Use Urban (MXU) for this property. This
category provides for a mix of residential, office and commercial uses not only in
the same block but also within the same structure. This category is intended for
older "urban" areas to allow dissimilar uses to exist, which support each other to
create a vital area. Development should reinforce the urban fabric creating a
24-hour activity area. Using the Planned Zoning District or the Urban Use District,
high and moderate density developments that result in a vital (dense) pedestrian
oriented area are appropriate. The applicant has applied for a rezoning from UU
(Urban Use District) to PDC (Planned District Commercial) to allow for the
development of a convenience store with gas pumps on this site.
Master Street Plan: Broadway is a Principal Arterial and 3rd Street is a Minor
Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic
and to connect major traffic generators or activity centers within the urbanized
area. A Minor Arterial provides connections to and through an urban area and
their primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on both Broadway and 3rd Street since they are both Arterials.
These streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan: Class II Bike Lanes are shown along West 3rd Street. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
Landscape:
1. Site plan must comply with the City's landscape and buffer ordinance
requirements.
2. 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. Interior islands must be a minimum seven and one half (7 'h)
feet in width. Trees shall be included in the interior landscape areas at the
rate of one (1) tree for every twelve (12) parking spaces.
3. The property is located in the UU, Urban Use District. Street trees a minimum
of three-inch caliper shall be required The trees shall be located a minimum of
two (2) feet off the back of a curb and shall be thirty (30) feet on center and
no closer than thirty (30) feet to a street intersection with a water source
provided. The tree canopy shall be maintained at least eight (8) feet above
the sidewalk. This is in addition to any landscape requirements associated
with development of any vehicular use area (Chapter 15).
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FILE NO.: Z -3922-A
4. Street buffers will be required at six (6) percent of the average depth of the
lot. The minimum dimension shall be one-half ('h) the full width requirement
but in no case less than nine (9) feet. The property is located in the City's
Designated Mature area. A twenty-five percent (25%) reduction of the buffer
requirements is acceptable. A 13.5 foot buffer will be required on Broadway
and Arch Streets. A 6.75 foot buffer is required on 3rd Street. Easements
cannot count toward fulfilling this requirement. The plantings, existing and
purposed, shall be provided within the City's Landscape Ordinance
requirements.
5. Screening requirements will need to be met for the vehicular use areas
adjacent to street right-of-ways. 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.
6. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property. This strip shall be at least nine (9) feet wide.
Provide trees with an average linear spacing of not less than thirty (30) feet
within the perimeter planting strip. Provide three (3) shrubs or vines for every
thirty (30) linear feet of perimeter planting strip.
7. A landscape irrigation system shall be required for developments of one (1)
acre or larger.
8. All ground -mounted mechanical systems and trash receptacles and pickup
shall be oriented away from a primary street side of the property and
screened from the public right-of-way. Ground -mounted mechanical systems
and trash receptacles shall be placed adjacent to alleys if alleys are available.
G. SUBDIVISION COMMITTEE COMMENT: (April 23, 2014)
Mr. Joe White of White Daters and Associates was present representing the
request. Staff stated the property was located within the UU, Urban Use Zoning
District which required all uses to be located inside the building. Staff stated
based on the drive-through aspect of the development the rezoning to PD -C was
required to allow the development of a convenience store as proposed. Staff
stated there were a number of variations from the typical standards of the UU
zoning district. Staff noted a few of the variations including the placement of the
canopy along the primary street; Broadway and 3rd Streets.
Public Works comments were addressed. Staff stated there were sight distance
concerns with the existing and proposed driveways. Staff also stated a radial
dedication was required at the intersection of Broadway and 3rd Streets and Arch
and 3rd Streets. Staff also stated the driveway location on 3rd Street would
impact existing metered street parking. Staff requested Mr. White provide on the
site plan the impacted parking spaces and meters.
Landscaping comments were addressed. Staff stated street buffers were
required along all abutting streets. Staff stated since the site was located within
the "Designated Mature Area" of the City the landscape strip could be reduced to
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FILE NO.: Z -3922-A (Cont.)
6 -feet 9 -inches. Staff stated screening of the vehicular use area was required
adjacent to the street right of ways. Staff also stated street trees would be
required as typically required within the UU, Urban Use Zoning District.
Staff noted the comments from the various other agencies. There were no more
issues for discussion. The Committee then forwarded the item to the full
Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing a number of the
comments and concerns raised at the April 23, 2014, Subdivision Committee
meeting. The plan has been revised to relocate the building to Broadway Street
and the fuel canopy has been moved to the Arch Street side of the development.
The maximum building height proposed is 35 -feet.
The property contains 1.03 acres and is proposed with a 4,780 square foot
convenience store and 28 parking spaces. The plan includes a single drive on
Broadway and on Arch Street. Two drives are proposed on West 3rd Street. The
driveways require a variance to allow each to be located nearer the property line
than typically allowed per the Master Street plan and the Subdivision Ordinance.
The two drives on West 3rd Street require a variance to allow the drive to not
comply with the minimum driveway spacing criteria between the drives.
The site is located within the downtown area of the City and is currently zoned
UU, Urban Use District. The District was established in order to provide for an
urban form allowing mid -rise and high rise structures. This District is to provide
for the office, civic and business core of the City. Structures within the Urban Use
District are encouraged to provide multiple uses within the same structure. The
ground or street level of structures should include street oriented activity and
pedestrian amenities. The resulting area is to be pedestrian 'urban' oriented. The
Zoning District has specific development criteria related to new development.
The following summarizes the development criteria:
a. Any lighting shall be placed so as to reflect away from adjacent residential
structures. Fixtures adjacent to roadways shall be of a design that
minimizes glare to the motoring public. No excessive or unusual noise,
odor or vibration shall be emitted so that it constitutes a nuisance, which
substantially exceeds that general level of noise, odor or vibration emitted
by uses adjacent to or immediately surrounding the site. Such
comparisons shall be made at the boundary of the site. The applicant
has indicated the development will comply with this development
criteria.
b. All ground -mounted mechanical systems and trash receptacles and pickup
shall be oriented away from a primary street side of the property and
screened from the public right-of-way. Ground -mounted mechanical
systems and trash receptacles shall be placed adjacent to alleys if alleys
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FILE NO.: Z -3922-A Cont.
are available. The trash receptacle is indicated along the northern
boundary of the property. Dumpster service is indicated from South
Arch Street.
c. No new drive-in or drive-through facilities may be visible or take directed
access from a primary street. The fuel canopy is located along West
3'd and Arch Streets. West 3rd Street is a primary street.
d. Facade materials may be any standard material, except corrugated or
ribbed materials. The applicant has indicated the development will
comply with this development criteria.
e. 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 ground -level (street fronting) floor of nonresidential structures shall
have a minimum surface area of sixty (60) percent transparent or window
display. The building is located at the rear of the property facing
West 3rd Street. An outdoor patio area is proposed in front of the
building. There is a driveway from Broadway Street at the northern
edge of the property to provide access to the adjacent building
which currently contains a number of uses including Enterprise
Rental Car.
f. Signs. Off -premises signs are not allowed. Ground -mounted signs are
discouraged and may only be permitted as a variance as per Division 2 of
this chapter. Otherwise, permitted signs shall be as in Section 36-553,
signs permitted in institutional and office zones, of this chapter. On the
street level, the maximum area of signage may be doubled if at least fifty
(50) percent of the street -level office and retail space has direct access to
the street. The applicant has indicated the development will comply
with this development criteria.
g. Front yard. No setback is required except as noted below. (In no case may
a structure be built in the right-of-way.) Along Capitol Avenue, west of
Broadway Street and east of Scott Street, the front building line shall be
twenty-five (25) feet. Along Chester Street from 1-630 to La Harpe
Boulevard, the front building line shall be ten (10) feet. In no case is the
storage or parking of vehicles allowed in the front setback. Parking is
indicated along West 3'd Street within the front yard setback.
The hours of operation are 24-hour seven (7) days per week. Garbage collection
will be from 7 am to 6 pm daily. A note on the site plan indicates the dumpster
will be screened per typical ordinance standard or a minimum of two (2) feet
above the trash container on three sides with a gated screening fence along the
front of the trash container.
The plan provided indicates the landscape strips to be reduced to the allowable
width within the Designated Mature Area. The applicant has indicated trees and
shrubs will be added to comply with the typical ordinance standard.
FILE NO.: Z -3922-A Cont.)
Staff is not supportive of the request. The UU, Urban Use Zoning District was
created to allow for developments within the Urban Use District to provide
multiple uses within the same structure and encourage the ground or street level
of the structure to include street oriented activity and pedestrian amenities. Staff
feels this development is not in keeping with the intent of the UU, Urban Use
Zoning District. The building has been pushed back from the primary streets and
there are paved areas and driveways between the proposed building and patio
area. In addition the fuel canopy is located along West 3rd Street which is
considered a primary street. Parking is located within the front setback and
driveways are located inconsistent with the typical ordinance standard. In
addition staff has concerns with stacking on the site and access to the site for
service vehicles including the fuel truck and garbage collection vehicle. Staff
does not feel there is adequate circulation on the site to not disrupt traffic flows
on the abutting streets.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (MAY 15, 2014)
The applicant was present. There were registered objectors present. Staff presented
the item with a recommendation of denial.
Mr. Steve Vanden Noven addressed the Commission on the merits of the request. He
stated Mapco was proposing to add 20 new stores per year. He stated this area of the
City was underserved with convenience stores and fuel. He stated on the site there
were two (2) billboards which would be removed with the redevelopment. He stated the
existing building would block the view from the Courthouse. He stated the fueling
centers were considered by the City as outdoor commerce. He stated precedence had
been set to allow outdoor activities within the urban core. He stated the development
would be well lite. He stated the patio would offer outdoor seating. He stated
40 percent of the store was a restaurant with the remaining merchandise, food and
convenience items. He stated convenience stores did not create new traffic. He stated
they harnessed existing traffic.
Mr. Dickson Flake addressed the Commission in support of the request. He stated
within the urban core two fast food restaurants and a bank had been approved which
included a drive-through. He stated the site plan and drive on Broadway had been
designed to meet the legal obligation to Enterprise Rental Car. He stated Broadway
was a State Highway. He stated there were 33,000 persons in the downtown area
during the day. He stated the outdoor seating was placed as close to Broadway and
still meet the obligation to Enterprise. He stated the parking was paced behind the
building and the fuel canopy located along Arch Street to minimize the impact on
Broadway.
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FILE NO.: Z -3922-A (Cont.
Mr. Dick Downing addressed the Commission in opposition of the request. He stated
zoning was established to promote the health and safety of citizens. He provided the
Commission with a report from Metroplan which indicated Broadway had the highest
crash rate of pedestrian and cars. He stated the top intersection was Broadway and 6th
He stated the exit on Broadway was located in a manner which created a blind exit. He
provided the Commission with photos of traffic at this intersection. He also provided the
Commission with a video of traffic from 4 pm to 6 pm on Friday afternoon. He noted
there was a no left turn at the intersection of 3rd and Broadway during this time period
but in the video a number of cars made the illegal turn. He stated there was a large
public investment in the area. He stated the development was not in character with the
UU zoning district.
Mr. Tom Ackerman addressed the Commission in opposition of the request. He stated
he was the Chief Deputy Assessor. He stated his concern was for the
80 — 85 employees who parked across 2nd and 3rd from the proposed development. He
stated the type of cliental which frequented this type business could potentially case
safety concerns of these employees walking to the County Administration Building. He
noted the convenience store located at 8th and Broadway and stated there were
persons hanging around behind the building. He stated the store would have a deli but
would also sell beer.
Ms. Susan Smith addressed the Commission on behalf of the Downtown Partnership.
She stated the Partnership along with the subgroups of the Partnership had voted to not
support the proposed development. She stated the Partnership did not feel the
development was in keeping with the zoning district. She stated vehicular movement
and pedestrian safety were concerns. She stated the store would operate 24 -hours per
day 7 -days per week. She stated the emphasis of downtown was walkability, friendly
and safe environment. She stated she did not feel this development would create this
environment.
Mr. Noven stated the business needed traffic to exist. He stated a minimum of
25,000 vehicles per day were required to make an intersection viable for a convenience
store. He stated all intersections in downtown were busy from 4 pm to 6 pm. He stated
the driveway location on Broadway had been moved to the south to allow for some
visibility. He stated the drive was located in an existing easement and was to be
maintained. He stated the business did not sell single serve alcohol beverages. He
stated the beer sales were for off-site consumption.
City Dawson, Deputy City Attorney addressed the Commission stating according to the
Commission By-laws no action by the Commission set precedence.
The Commission questioned Mr. Noven as to the need for a 24-hour operation. He
stated he had checked with operations and it had been determined the site was more
secure with a 24-hour business than when the business was not open. He stated in the
late hours was when the clerks restocked the store. He stated the business welcomed
workers, police and fire personnel to visit the store during the late hours to lessen the
potential negative impact of a 24-hour business.
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FILE NO.: Z -3922-A
The Commission questioned Mr. Flake if a bank had been contacted about locating at
this site. Mr. Flake stated all banks had been contacted and none were interested in the
site. He stated the desired use of the property would be to reuse the existing building
and not go to the expense of demolition. He stated the building had sat vacant for a
number of years with no interest in redevelopment.
There was a general discussion by the Commission concerning the building, long term
vacancy, the UU zoning district allowances. Commissioner Bubbus stated he felt the
development would foster completion. He stated there was also a problem with long-
term vacancy rates. The Commission noted they did not feel the development was out
of character for the area. The Commission also noted the downtown area had limited
services available to the residents.
There was no further discussion of the item. The chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 7 ayes,
2 noes and 2 absent.
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