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HomeMy WebLinkAboutZ-8652 Staff AnalysisAPRIL 25, 2011 ITEM NO.: 7 File No.: Z-8653 Owner: Gene Jennings Applicant: Sean Miller Address: 700 S. Broadway -Street Description: Southwest corner of W. 7th and Broadway Streets Zoned: UU Variance Requested: Variances are requested from the development provisions of Section 36-342.1 (Urban Use District) in conjunction with construction of a new restaurant facility. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building Proposed Use of Property: Restaurant with Drive-Thru STAFF REPORT A. Public Works Issues: 1. Conduct a traffic study to determine the impact of proposed traffic on City streets prior to building permit application. Determine with the proposed drive thru configuration, if vehicles will stack on City streets. If the proposed drive thru design is not adequate then alternative should be provided. If you have any questions, please contact Bill Henry at 379-1816. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. The zoning ordinance requires an average nine foot wide street buffer along both Broadway Street and 7th Street. This site is located within the designated "Mature Area" of the city; therefore, the area can be reduced to six feet nine inches (6-9") in width. The site is deficient along 7th Street. The site plan reflects three and one half feet (3'-6") in width. APRIL 25, 2011 ITEM NO.: 7 (CON'T. The landscape ordinance requires a nine foot (9'-0") wide perimeter landscaping strip around the northern, southern, and eastern perimeters of the site. A variance from this minimal amount will require City Beautiful Commission approval prior to the issuance of a building permit. Street trees are required along both Broadway Street and along W. 7th Street per the Urban Use District requirements. A franchise agreement with the City of Little Rock will be required in conjunction with any/all amenities located within the public right-of-way. C. Staff Anal sis: The UU zoned property located at 700 Broadway Street is occupied by a one-story commercial building. The property is located on the southwest corner of Broadway and W. 7th Street. The existing building occupies the entire property, with a paved alley along the rear (west) property line. The existing building is occupied by a restaurant -type use (east half) and an auto repair shop (west half). The applicant proposes to remove the existing building and re -develop the site as a restaurant use with drive-thru service. The development will include a 1,610 square foot restaurant building located within the south half of the property. Seven (7) paved parking spaces will be located on the north side of the building along W. 7th Street. Entry and exit drives will be located on the east end of the property from Broadway Street. An exit drive will be located at the northwest corner of the property. A drive-thru order board will be located at the west end of the building, with a pick-up window on the south side of the building An area of outdoor dining will be located at the east end of the building. Landscaped areas will be provided along Broadway and W. 7th Streets. A ground mounted sign will be located at the northeast corner of the property. The ground sign will be approximately 33 feet tall, with an area of approximately 81 square feet. The applicant is requesting several variances from the UU zoning development criteria of Section 36-342.1 of the City's Zoning Ordinance and Section 36-522 (buffer requirements). The requested variances are as follows: 1. Section 36-342.1(c)(3) states that no new drive-in or drive through facilities may be visible or take directed access from a primary street. The proposed drive -through located on the south side of the building will be visible from Broadway Street. The order board for the drive-thru will be visible from W. 7th Street 2. Section 36-342.1(%,5)b. requires installation of street trees along the Broadway and W. 7t Street frontages. The applicant is proposing to install no street trees, given the lack of room on this relatively small site. 3. Section 36-342.1(c)(8) states that ground -level floors of commercial buildings have a minimum surface area of 60 percent transparent or window display. The front (east) building elevation will comply with this APRIL 25, 2011 ITEM NO.: 7 (CON'T requirement. The north side building facade (facing W. 7th Street) will have approximately 40 percent window area. 4. Section 36-342.1(c)(10)b. states that surface parking lots must be located behind or adjacent to a structure, never between the building and abutting street. As noted previously, there will be a surface parking lot located between the proposed building and W. 7th Street. 5. Section 36-342.1 (c)(1 1) requires that any ground -mounted sign be reviewed and approved by the Board of Adjustment. As noted previously, the applicant is requesting a ground sign at the northeast corner of the property, approximately 33 feet tall with an area of approximately 81 square feet. 6. Section 36-522(b)(3)b. requires a minimum street buffer of 6.75 feet along W 7th Street. The applicant is proposing a 3.5 foot street buffer along W. 7th Street. Staff is supportive of the requested variances. Staff feels that the proposed redevelopment of the property is reasonable, given the location of the property. The property is located near the fringe of the UU Zoning District, where the uses become less pedestrian -oriented and more vehicular -oriented. Fast food restaurants are located immediately south and east (across Broadway Street) of the property. A convenience store is located to the south at the southwest corner of Broadway and West 8'h Streets. A drive-thru bank facility is also located to the south at the northwest corner of West 8th and Broadway Streets. Additional fast food restaurants with drive-thru service are located to the southeast (across Broadway Street) and to the south at the intersection of W. 9th Street and Broadway Street. Staff feels that the proposed redevelopment of the property is a quality one, and will have no adverse impact on the adjacent properties or this general area along Broadway Street, south of West 6th Street. D. Staff Recommendation: Staff recommends approval of the requested variances from the UU zoning district and buffer standards, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. 3. Any variances from the Landscape ordinance requirements must be approved by the City Beautiful Commission prior to application for building permit. 4. A franchise permit must be obtained for any improvements (landscaping) within the right-of-way. APRIL 25, 2011 ITEM NO.: 7 (CON'T. BOARD OF ADJUSTMENT: (APRIL 25, 2011) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, with conditions. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. MAY 23, 2011 ITEM NO.: B File No.: Z-8652 Owner/Applicant: Larry E. Case Address: 8909 Mayflower Road Description: South side of Mayflower Road, west of John Barrow Road Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 8909 Mayflower Road is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway from Mayflower Road at the northeast corner of the property. The property is located on the south side of Mayflower Road, west of John Barrow Road. The applicant recently constructed a six (6) foot high wood fence within the front yard area of the property, as noted on the attached site plan. The fence is located approximately 20 feet back from the street curb, which puts it approximately 10 feet inside the front (north) property line. The fence extends from the west side property line in front of the house to the driveway. There is also a partially constructed six (6) foot high wood fence along the east side property line, extending into the front yard area. Only the support posts and cross members have been constructed (no pickets). Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights -of -way. Therefore, the applicant is requesting a variance to allow the six (6) foot high wood fence to be located within the front yard area, between the 25 foot front building setback and the Mayflower Road right-of-way. MAY 23, 2011 ITEM NO.: B (CON'T. Staff is not supportive of the requested fence height variances. The fence as constructed within the front yard area is out of character with the neighborhood. There are no similar types of front yard encroachments along either side of Mayflower Road for its entire length from John Barrow Road to Deerbrook Road. Staff feels that the fence should either be removed from the front yard area or cut down to a height not to exceed four (4) feet, which would comply with ordinance standards. Staff believes the six (6) foot high fence has a negative visual impact on the adjacent properties and the overall area along Mayflower Road. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (APRIL 25, 2011) Staff informed the Board that the application needed to be deferred to the May 23, 2011 agenda based on the fact that the applicant failed to complete notifications to the surrounding property owners. The item was placed on the Consent Agenda and deferred to the May 23, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. BOARD OF ADJUSTMENT: (MAY 23, 2011) The applicant was not present. There were 10 persons present in opposition. Debra Weldon, City Attorney, reviewed the Boards' bylaws with respect to an applicant not being present. Vice -Chairman Smith and Brad Wingfield noted that the Board should proceed with the public hearing based on the fact that residents were present to speak on the issue. Staff presented the application with a recommendation of denial. Anita Williams addressed the Board in opposition. She noted that she lived directly across the street from 8909 Mayflower Road. She explained that the fence had a negative impact on the surrounding properties. Mollie Irvin also addressed the Board in opposition. She explained that the fence in the front yard area was not compatible with the area and needed to be removed. Alan Lee also spoke in opposition. He noted that the fence would lower property values. He explained that the fence had a negative impact on surrounding properties. MAY 23, 2011 ITEM NO.: B (CON'T.) Vice -Chairman Smith noted that the fence section of the ordinance was in place to protect front yard areas. He explained that he did not support six (6) foot tall fences in front yard areas. Staff noted that the applicant, Larry Case, was notified by mail of the meeting date. There was a motion to approve the fence height variance. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The application was denied. There was a second motion to allow the applicant 30 days (from this meeting date) to remove the fence or cut the fence down to a height of four (4) feet. The motion passed by a vote of 4 ayes, 0 nays and 1 absent.