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HomeMy WebLinkAboutZ-4582-B Staff AnalysisAUGUST 25, 2014 ITEM NO.: B File No.: Z -4582-B Owner/Applicant: Montoya, LLC/ Heman Montoya Address: 1422 Chester Street Description: Lot 7, Block 270, Original City of Little Rock Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 and the buffer provisions of Section 36-522 to allow construction of a new commercial building with reduced setback and buffers. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Liquor Store STAFF REPORT A. Public Works Issues: 1. At the time of building permit; repair, replace or extend existing damaged or missing curb and gutter, sidewalk, ramps or concrete driveway aprons within the public right-of-way adjacent to the site. 2. At the time of building permit; repave the alley adjacent to the site. B. Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. A land use buffer 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. The property to the north is zoned R-4 therefore, a minimum 6.75 foot wide buffer (mature area) is required along the north property line. AUGUST 25, 2014 ITEM NO.: B CON'T. 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. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 4. Developments of less than one (1) acre shall have a water source within seventy-five (75) feet of the plants to be irrigated. 5. Dumpsters shall be screened from abutting properties and streets. The screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. C. Staff Anal sis: The C-3 zoned property at 1422 Chester Street is currently undeveloped. A commercial building which previously existed on the site was recently removed. The property is located at the northwest corner of Chester and W. 15th Streets. A paved alley is located along the rear (west) property line. The property is comprised of one (1) 50 foot by 140 foot platted lot. The applicant proposes to construct a new one-story commercial building with drives and parking, as noted on the attached site plan. The proposed building will be located 25 feet back from the front (east) property line, 8 feet from the south street side property line, 70 feet from the rear (west) property line and 16 feet back from the north side property line. A small canopy over the drive-thru window will be located on the north side of the building. Two (2) new driveways are proposed; one (1) from Chester Street at the northeast corner of the site, and one from the alley at the northwest corner of the site. Five (5) parking spaces are proposed along the west side of the building. A drive-thru lane is proposed along the north side of the building which will exit to the existing alley. The proposed driveway from Chester Street will be an entrance only drive. The driveway from Chester Street and drive-thru lane and parking area will be located approximately 2.5 feet back from the north side property line. Section 36-301(e)(2) of the City's Zoning Ordinance requires a minimum street side setback (south) of 25 feet. Section 36-522(b)(3)a. requires a minimum land use buffer width of 6.75 feet along the north property line, based on the fact that the property immediately to the north is zoned R-4. Therefore, the applicant is requesting variances from these ordinance requirements to allow the proposed building with reduced street side setback and a reduced land use buffer. Staff does not support the requested variances. Staff believes the applicant is trying to accomplish too much in the way of development of this rather small C-3 zoned property. As noted earlier, the property is comprised of only one (1) 50 foot by 140 foot platted lot. The building which previously existed on the site was an old corner grocery store type building located at the southeast corner of the lot. AUGUST 25, 2014 ITEM NO.: B (CON'T. The site previously contained no off-street parking and no drive-thru facility. Although staff is not opposed to re -development of this C-3 zoned lot, staff feels that the proposed development with a drive-thru window is too suburban in nature. Staff believes the site should be developed with more of an urban/neighborhood commercial design, with the building possibly having a larger footprint (or a second story), pulled slightly closer to the Chester Street frontage, and only one (1) access drive from the alley right-of-way to a small parking area on the west side of the building. Additionally, a more urban design would have the pedestrian access to the building nearer the southeast corner of the structure and not on the rear (west side) of the building. Staff believes the proposed site design is not appropriate for this location. D. Staff Recommendation: Staff recommends denial of the requested building setback and buffer variances. BOARD OF ADJUSTMENT (April 28, 2014) Eric Montoya and Eunice Montoya were present, representing the application. There were three (3) persons present in opposition. Staff presented the application with a recommendation of denial. Eric Montoya addressed the Board in support of the application. He explained the project. He noted that the State ABC had approved re -construction of the liquor store building with a building footprint closer to what previously existed on the site. Heath Welch, of Alpha Phi Alpha Fraternity, addressed the Board in opposition. He explained that the previous liquor store caused problems in the neighborhood. Brother Wayne Burt also spoke in opposition. He opposed the liquor store use. He stated that he agreed with staff that a more urban development would be better. Dr. Minnie Hatchett also spoke in opposition neighborhood which she had been involved site when the building was torn down. . She explained the clean-up project for the in. She explained that trash was left on the Eunice Montoya spoke in support of the application. She explained that the City tore down the old building. She noted that the State ABC had "grandfathered -in" the property and approved plans for re -construction. Robert Winchester asked about the property to the north. Staff noted that the property immediately north was zoned R-4. Scott Smith explained that the proposed use of the property was not an issue for the Board. He discussed the building setback requirements for the lot. He noted that the AUGUST 25, 2014 ITEM NO.: B (CON'T. proposed building placement on the site was a good location. He explained that he was not supportive of the drive-thru window. Rajesh Mehta explained that any re -development of the lot would require variances. Chairman Yates briefly discussed the issue of reconstruction of nonconforming structures. He asked the owners if they received a notice that the building was going to be demolished. Mr. Montoya noted that they did. He asked if he objected to the notice. Mr. Montoya noted that he did not object because the building was in bad shape. The issue of the proposed drive-thru window was discussed. The UU zoning district regulations were discussed with relation to this property. There was additional discussion of the proposed building development. The issue of deferring the application for the applicant to consider re -designing the site plan was discussed. Mr. Montoya requested deferral of the application. Staff suggested deferral to the June 30, 2014 agenda to allow time to review a revised site plan. There was a motion to defer the application to the June 30, 2014 agenda. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. BOARD OF ADJUSTMENT (June 30, 2014) Eric Montoya, Eunice Montoya and Troy Laha were present, representing the application. There was one (1) person present with concerns. Staff presented the application with a recommendation of denial. Staff noted that there had been no changes to the application since the April 28, 2014 public hearing. Eric Montoya spoke in support of the application. He explained that he purchased the building not knowing the City would condemn the building and have it torn down. He noted that the ABC liquor license for the property had already been approved based on a grandfathering clause. Troy Laha also spoke in support of the application. He explained the location of the old commercial building on the site as opposed to the proposed new building. He asked the Board for a positive vote. Eunice Montoya also addressed the Board in support. She also explained the situation with the purchase of the old original building. Carolyn Lindsey Polk asked if the original building had a drive-thru window. Ms. Montoya stated that it did not. Bob Winchester asked if the building and land were both purchased. Mr. Montoya stated that both were purchased. The issue was briefly discussed. Mr. Winchester asked if the previous business was financially successful in the old building without a AUGUST 25, 2014 ITEM NO.: B ICON'T. drive-thru. Mr. Montoya stated that it was and explained. The issue was briefly discussed. Wayne Burt addressed the Board with concerns. He stated that he agreed with staff's assessment of the application and that the building did not need a drive-thru window. He noted that ABC was reviewing the grandfather clause issue. Bob Winchester explained that he did not support the current proposal of the new building with a drive-thru window. Vice -Chairman Wingfield concurred with Mr. Winchester. Rajesh Mehta also concurred. There was brief additional discussion of the application. Ms. Montoya noted that the plan could be revised to eliminate the drive-thru window. The issue of deferral of the application to allow time for revisions to the site plan was discussed. Staff suggested deferral to the August 25, 2014 agenda. The Montoyas requested deferral to the August 25, 2014 agenda. A motion was made to defer the application to the August 25, 2014 agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update: On August 13, 2014 the applicant submitted a revised site plan to staff. The revised site plan removes the drive-thru area from the plan. The revised plan locates the proposed building slightly further back from the south street side property line, and provides a 6.75 foot buffer/landscape strip on the north side of the building. The building is now located 17 feet back from the south property line. Variances are still needed for a reduced land use buffer (minimum 6.75 feet required) along the north side of the proposed parking area, and a reduced street side setback from the south property line (minimum 25 feet required). Staff continues to not support the requested variances. Although the applicant has removed the drive-thru area from the plan, staff still believes the applicant is trying to accomplish too much in the proposed development of this small C-3 zoned lot. The plan shows a wide sidewalk from W. 15th Street to the south side of the building and labeled "service entrance". This service entrance is to allow trucks to park on the street and unload merchandise. If this is the case, the trucks could occupy a large part of this 32 foot wide street, and be located rather close to the intersection corner. Staff still feels that the proposed site design is not appropriate for this location. AUGUST 25, 2014 ITEM NO.: B BOARD OF ADJUSTMENT (August 25, 2014) Eric Montoya, Eunice Montoya and Troy Laha were present, representing the application. There were no objectors present. Staff presented the revised application and a recommendation of denial. Troy Laha addressed the Board in support of the application. He explained the revisions to the application. He discussed the increased setback and buffer being provided with the elimination of the drive-thru window and driveway. Rajesh Mehta asked if the ABC permit was still active. Mr. Laha noted that it was. Mr. Mehta noted that he supported the application as revised. Vice -Chairman Wingfield also noted support for the revised application. Bob Winchester asked when the business would receive deliveries. Mr. Montoya noted that they were between 9:00 a.m. and noon. There was a motion to approve the revised application, subject to compliance with the Public Works and Landscape/Buffer comments as noted in paragraphs A and B of the staff report. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The revised application was approved.