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HomeMy WebLinkAboutZ-8397-B Staff AnalysisFILE NO.: Z-8397-B NAME: Library Arcade Building Short -form PCD LOCATION: Located at 100 River Market Avenue DEVELOPER: Moses Tucker Real Estate Inc 200 River Market Avenue, Suite 300 Little Rock, AR 72201 FNr,INFFR- White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.4358 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 1 UU, Urban Use District FT. NEW STREET: 0 LF Residential, Office, Commercial, Industrial —All indoor PCD PROPOSED USE: UU, Urban Use District — Signage variance and outdoor dining within the public right of way VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: On October 27, 2008, the Little Rock Zoning Board of Adjustment was to hear a request for specific variance requests to allow for future development of an aloft hotel on this site. The applicant requested the item be withdrawn from consideration prior to the public hearing. On January 8, 2009, the Little Rock Planning Commission was to hear a request to rezone this site from UU, Urban Use District to PCD to allow a mixed use development including a hotel and retail lease space. The request included variances from the development standards established in the River Market Design Overlay District. These variances included signage, building height, landscaping, projections over and into the FILE NO.: Z-8397-B (Cont. right of way and curb cuts. The development proposed parapet signs, wall signs, projecting signs and awnings. Each of the signs required one or more variances from the typical DOD standards. The applicant requested withdrawal of the item prior to the Commission hearing the request. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The current proposal is for construction of a new building to be called the Library Arcade Building. This building will require variances from the River Market Design Overlay District for the two (2) signs mounted at the top of the building. Per Section 36-366.1 — Exceptions from the River Market Design Overlay District states that "Property that cannot be developed for any reasons without violating the standards of this article and that creates new or additional space shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards." The site plan also includes the placement of outdoor dining within the right of way of President Clinton Avenue. The UU, Urban Use Zoning District allows for the placement of outdoor dining subject to several conditions, one of which is the area of outdoor dining shall not be located in the public right of way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by the physically impaired. The applicant is seeking a rezoning from UU, Urban Use District to PCD (Planned Commercial Development) to allow for the variation from the typical standards of the River Market DOD and allow the area of outdoor dining to be located within the public right of way. The new structure will be approximately 57,900 gross square feet in three (3) levels. A skywalk is proposed to connect the Library Arcade Building with the Arkansas Studies Institute. On the ground floor five (5) bays of retail lease space, a restaurant and an auditorium/theater to be developed in conjunction with the Public Library are proposed. The remainder of the building will be lease space for uses as allowed in the UU, Urban Use Zoning District. The exterior of the building will feature brick veneer, glass storefront or curtain wall, and prefinished composite panel system. The building will be built to the property line on both President Clinton Avenue and River Market Avenue. It will also be built to both of the alleys. The height of the building at the top of the parapet will be 49 feet at the intersection of President Clinton Avenue and River Market Avenue and the height of the building at the southwest corner (intersection of the alleys) will be 53.5 feet. The maximum height of buildings per the River Market Design Overlay District is 60 feet (Section 36-356(d)(1)). With the current request the two (2) signs which require variances from typical development standards of the River Market Design Overlay District and the City's Sign Ordinance as follows: 2 FILE NO_: Z-8397-B (Cont. • Section 36-353(a)(1)(h) — All signs must face public street right of way except those permitted on facades facing the Arkansas River — the sign on the south facade of the building is located without public street frontage • Section 36-353(c)(1)(a) — The maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single -story building • Section 36-353(c)(2) — Signs shall not exceed one-half of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty-five (25) square feet per sign • Section 36-353(c)(3) — Internally lit signs are prohibited. When signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign • Section 36-543 - Roof signs or any sign that is not mounted on a vertical surface is prohibited The two (2) signs requiring the variance are advertising "Meadors Adams & Lee". The signs are located on the top parapet of the building on the north and south facade. The sign on the south side of the building does not have street frontage. Both the north and south signs are above the second floor window sill. The signs are proposed with a total area of 154.85 square feet or 6.19 times larger than signage typically allowed per the DOD. The signs are proposed as wall mounted stencil cut style sign having internally illuminated letters with LED lighting. The ampersand on each sign extends above the parapet wall. The placement of the ampersand on the two (2) signs are considered roof signs by definition as stated in Section 36-530. "Roof sign means a sign which is mounted on the roof of a building or which is attached to a building and which extends above or higher than the top edge of the exterior wall or parapet of a flat -roofed building, above or higher that the eave line of a building with a hip, gambrel or gable roof or above or higher than the deck line of a building with a mansard roof'. In 36-543(7) Prohibited Signs and Sales Promotion Devices: The following type of sign is prohibited in all districts unless otherwise noted: Roof signs, or any sign that is not mounted on a vertical surface. Staff considers the ampersands an architectural element for the building. All other signs will comply with the River Market Design Overlay District or a revision to the PCD will be requested. According to the applicant the streetscape on President Clinton Avenue will not change except removal of the orange I-beam sculpture and the rotary fountain. The streetscape on River Market Avenue will change by the addition of one (1) tree. The development will comply with all standard streetscape amenities as spelled out in the DOD ordinance. The sidewalk will be "bulbed out" at the corner of the two (2) streets and near the south edge of the building on River Market Avenue. The curb cut currently located on River Market Avenue will be removed. Section 36-362(c) — Curb cuts driveway width shall be twenty-two feet provided that the DRC may adjust the width to correspond with a recommendation of the 3 FILE NO.: Z-8397-B(Cont.) Director of Public Works Department if such adjustment is consistent with the uses in the District. There is a request for sidewalk dining on the President Clinton Avenue side. The UU zoning district allows eating places permission to have an area of outdoor dining subject to compliance with the following provisions: (a) The area of outdoor dining shall not be located in the public right of way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by the physically impaired. (b) The number of seats in the area of outdoor dining shall not exceed 50% of the number of seats within the eating place. (c) Compliance with applicable State and County health regulations. (d) The area of outdoor dining shall not be located between the building occupied by the eating place and adjacent residentially zoned property. B. EXISTING CONDITIONS: The site is a surface parking lot with a small police substation located on the corner of President Clinton Avenue and River Market Avenue. There is a trolley stop located at this intersection. The site is located within the River Market entertainment district which contains a number of restaurants, bars, shopping venues, hotels, the Central Arkansas Library and the Arkansas Studies Building. Also within the area there are a number of residential units. The River Market Hall and the Museum Center are located to the north. South and west of the site are buildings owned and occupied by the Central Arkansas Library System. There is a parking garage located to the southeast of the site on the corner of River Market Avenue and East 2"d Street with retail lease space on the ground level. Across River Market Avenue to the east is a restaurants. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site and the River Market Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS- 1. A 20 foot radial dedication of right-of-way is required at the intersection of President Clinton Avenue and River Market Avenue. 2. Provide the purpose of driveway on the southeast side of the proposed structure. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. CI 1�1��►[��•�:ic�r [K•Tii� 4. Sidewalk is shown to be obstructed by curb and gutter on the south east of the structure along River Market Avenue. 5. Provide information about what work is planned within the public alleys. Permanent obstructions are not allowed within public alleys without the issuance of a franchise permit. 6. The proposed outside dining area is within the right-of-way. At least 3 feet of clearance must be provided between the outside dimensions of the railing, the tree well, and other permanent structures within the right-of-way. At time of development, a franchise permit is required to be obtained from Public Works for private improvements within the public right of way. 7. Due to the building being constructed on the property lines adjacent to the alleys, vehicles, especially garbage trucks cannot maneuver the turn in the alley intersection. E. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012) Michael McCallum of AMR Architects was present representing the request. Staff presented an overview of the proposed development stating the item was located with in the River Market Design Overlay District. Staff stated the request before the Commission was for signage which did not comply with the typical standards of the Overlay and to allow an area of outdoor dining. Staff questioned the proposed uses of the building. Staff also questioned the area of outdoor dining and the clearance for ADA between the tree grates and the proposed dining area. Staff questioned if there would be any additional signage. Mr. McCallum stated additional signage would comply with the River Market DOD or the owner would seek a revision to the PCD. Public Works comments were addressed. Staff questioned the driveway located on River Market Avenue. Mr. McCallum stated the drive had been removed from the revised site plan. Staff also questioned the turning radius for a garbage truck within the alleys once the building was constructed to the property lines. Staff stated a 20-foot radial dedication was required at the street intersections. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. F. ANALYSIS: There were few outstanding technical issues associated with the request raised at the July 11, 2012, Subdivision Committee meeting. The applicant has indicated they have been in contact with the trash hauler and they have indicated they will be able to access the dumpsters. The revised plan also indicates a 20-foot radial dedication at the intersection of the two abutting streets. 5 FILE NO.: Z-8397 The requirement for the rezoning to the PCD is due to the guidelines established by the River Market Design Overlay District. Per Section 36-366.1 — Exceptions from the River Market Design Overlay District states that property that cannot be developed for any reasons without violating the standards of this article and that creates new or additional space shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. Since the development will be adding new space the applicant is seeking the rezoning to a PCD for the construction of the building. The request also includes the placement of outdoor dining within the right of way of President Clinton Avenue. The UU, Urban Use Zoning District allows for the placement of outdoor dining subject to several conditions, one of which is the area of outdoor dining shall not be located in the public right of way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by the physically impaired. The applicant has indicated the plan will comply with ADA access requirements. Staff is supportive of the request. The River Market Design Review Committee has reviewed the request and is in support of the signage as proposed. The applicant is seeking a rezoning from UU, Urban Use District to PCD (Planned Commercial Development) to allow for the variation from the typical sign standards of the River Market DOD and allow the area of outdoor dining to be located within the public right of way. To staff's knowledge there are no outstanding technical issues associated with the request. Staff feels the rezoning to PCD as proposed by the applicant is appropriate. G. STAFF RECOMMENDATION: Staff recommends approval of the requested rezoning to Planned Commercial Development (PCD) to allow development of this site inconsistent with the typical standards of the River Market Design Overlay District and to allow outdoor dining within the right of way of President Clinton Avenue. A franchise must be obtained from the Public Works Department for the area of outdoor dining within the right of way. PLANNING COMMISSION ACTION: (AUGUST 2, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested rezoning to Planned Commercial Development (PCD) to allow development of this site inconsistent with the typical standards of the River Market Design Overlay District and to allow outdoor dining within the right of way of President Clinton Avenue. Staff stated a franchise agreement was to be obtained from the Public Works Department for the area of outdoor dining within the right of way. R FILE NO.: Z-8397-B (Cont. There was no further discussion of the item. The Chair entertained a motion for placement of the item of the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. 7 ITEM NO.: 11. Z-8397-B NAME: Library Arcade Building Short -form PCD LOCATION: located at 100 River Market Avenue Planning Staff Comments: 1. Provide notification of the property owners located within 200 feet of the site including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than July 18, 2012. The Office of Planning and Development must receive the proof of notice no later than July 27, 2012. Response: We will comply with the notification requirements. 2. Provide details of the proposed outdoor dining area. Include any fencing proposed and the total height of the fencing. Response: The proposed fencing at the outdoor dining area shall be a painted or pre -finished metal post and rail system with infill balusters spaced at 4" O.C. The fence height shall be a minimum of 42" tall measured from top of handrail. The posts shall be core drilled and secured with mortar. 3. Are any other signs proposed for the building? Signage for the restaurant or for the retail space. Response: The signage for the remaining tenants is currently unknown. For this submittal we ask that the two signs on the north and south elevations only be included for review. 4. What are the proposed uses for the building? Will residential be included in the allowed uses? Response: The proposed uses include Retail, Restaurant, Office and Auditorium. Variance/Waivers: None requested. Public Works Conditions: 1. A 20 foot radial dedication of right-of-way is required at the intersection of President Clinton Avenue and River Market Avenue. Response: Per our conversation with Public Works, the building shall provide a 10 foot radial right of way. Item 4 11. 2. Provide the purpose of driveway on the southeast side of the proposed structure. Response: The driveway shown was a graphical error and has been omitted; please reference the revised site plan. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. Response: We will comply. 4. Sidewalk is shown to be obstructed by curb and gutter on the south east of the structure along River Market Avenue. Response: The driveway/curb and gutter shown was a graphical error and has been omitted, please reference the revised site plan. 5. Provide information about what work is planned within the public alleys. Permanent obstructions are not allowed within public alleys without the issuance of a franchise permit. Response: The structure shall have a "skywalk" for pedestrian access from the building to the adjacent ASI building. The auditorium shall have an entry at the southwest corner of the structure. We plan to submit for a franchise permit 6. The proposed outside dining area is within the right-of-way. At least 3 feet of clearance must be provided between the outside dimensions of the railing, the tree well, and other permanent structures within the right-of-way. At time of development, a franchise permit is required to be obtained from Public Works for private improvements within the public right of way. Response: The railing for the outside dining shall comply with the clearance requirement, we will submit for a franchise permit. 7. Due to the building being constructed on the property lines adjacent to the alleys, vehicles, especially garbage trucks cannot maneuver the turn in the alley intersection. Response: We plan to submit for a franchise permit Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, July 18, 2012. Item # 11.