HomeMy WebLinkAboutZ-6593 Staff AnalysisNovember 30, 1998
Item No.:
File No.: Z-6593
Owner: Weingarten Realty
Address: 8801 West Markham Street
Descriptio Lots 2A, 2B and 2C, Barrow Plaza
Addition
Zoned: C-3
variance Requested: Variances are requested from the
floodway/floodplain restrictions of
Chapters 8 and 36 to permit
construction of a new restaurant.
Justification: Applicant's Statement: On behalf
of the owner, Weingarten Realty,
Inc. we respectfully request a
floodplain variance for 8801 West
Markham Street. The before
mentioned site is located on the
corner of Old John Barrow Road and
West Markham Street, formerly the
location of Poncho's Restaurant.
Currently, the site is depicted as
being located in a floodway. This
information is shown on Community
Panel Number 050181 0006E Revised
November 3, 1993, issued by the
Federal Emergency Management Agency
(FEMA) (See Figure A). Upon
further -review, it has been
determined that the site is not
located in the floodway. A new
floodway boundary is being
considered by the City of Little
Rock that removes the site from the
floodway boundary and shown on
Figure B. The revised floodway
boundary is pending approval.
Present Use of Property_: Vacant Restaurant building (to be
�- removed)
Proposed Use of Property: New restaurant
November 30, 1998
Item No.: 8 (Cont.
Staff Report:
A. Public Works Issues:
1. Street dedications per MSP.
(A) Markham - 70' of right-of-way with 5' sidewalk.
(B) Other Street - 30' from centerline with 5' sidewalk.
2. Repair existing curb and sidewalk and bring into
conformance with current CLR standards.
B. Staff Analysis:
The C-3 zoned property located at 8801 West Markham Street
is occupied by a vacant, 7,246 square foot restaurant
building and an 80 space parking lot. The applicant
proposes to remove these improvements and completely
redevelop the site to include a 3,600 square foot
restaurant, a 34 space parking lot and a freestanding ATM.
The site is currently shown as being located in the floodway
as indicated on Community Panel Number 050181 0006E Revised
November 3, 1993. Chapter 8, Section 8-305 and Chapter 36,
Section 36-341 of the City Code prohibit development within
the floodway. A recent review of this area has determined
that this site is no longer in the floodway. A new floodway
boundary is pending approval from the City of Little Rock
and the Federal Emergency Management Agency (FEMA) that
removes the site from the floodway. It is possible that the
new building may be located within 25 feet of the new
floodway line. Section 36-341(h)(2) requires a setback of
25 feet from the floodway.
In floodway variance issues, staff relies upon the Public
Works Department for review and recommendation. Public
Works has stated that it is appropriate to approve the
application in light of the pending revision to the floodway
maps.
Only one minor issue has arisen during staff's review of
this issue. The site plan shows only 34 on-site parking
spaces for this 3,600 square foot restaurant. 36 parking
spaces are required. With a small revision to the site
plan, the two additional spaces can be created. Failure to
provide the required parking will result in the need to
return to the Board for a variance.
C. Staff Recommendation:
Staff recommends approval of the request variance subject to
compliance with the following conditions:
PA
November 30, 1998
Item No.: 8
1. Compliance with the City's Landscape and Buffer
Ordinances
2. Compliance with parking requirements
3. Compliance with Public Works Comments
BOARD OF ADJUSTMENT: (NOVEMBER 30, 1998)
James Summerlin of Summerlin Associates and Michael Coontz of
Weingarten Realty were present representing the application.
There were no objectors present. Staff presented the item and
advised the Board that a new issue had been raised by the Public
Works Department. Tad Borkowski and Ronnie Lowe of Public Works
addressed the Board. Mr. Lowe noted that the property was now
shown to be in the floodway although a new study had been done by
the Corps -of Engineers. He stated that the new study, which
removes the property from the floodway, had not yet been adopted
by FEMA or the City. Mr. Lowe asked that the following statement
be made a condition of approval:
If the new study is not accepted by FEMA or the City
or if the new study shows the property to still be in
the floodway, the applicant will be responsible for
remediation or the improvements will have to be
removed from the property.
Steve Giles, of the City Attorney's Office, stated that he was
very uncomfortable with creating such a situation and questioned
whether such a condition was appropriate. He stated that it
might be better not to grant the variance until the issue
regarding the new study was resolved.
After further discussion, the applicants determined that they
would proceed with an application to FEMA for a letter of map
revision applicable to this property. Mr. Lowe stated that if
the letter of map revision showed the property to no longer be in
the floodway, there would be no variance issue. The applicants
agreed to withdraw this application.
A motion was made to withdraw the item without prejudice so that
the issue could come back to the Board if there were some other
floodway related variance necessary after the FEMA action. The
motion was approved by a vote of 4 ayes, 0 noes, 0 absent and
1 open position.
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