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HomeMy WebLinkAboutZ-8849-A Staff AnalysisJULY 28, 2014 ITEM NO.: 4 File No.: Owner: Applicant: Address: Description: Zoned: Z-8849-A Rodney Parham and Breckenridge, LLC Terry Burruss 10121 N. Rodney Parham Road Southeast corner of N. Rodney Parham Road and Breckenridge Drive C-3 Variance Requested: A variance is requested from the general district provisions of Section 36-298 to allow a drive-thru menu speaker without a sound buffer wall. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Mixed Commercial Proposed Use of Property: Restaurant/Office STAFF REPORT Public Works Issues: No Comments B. Landscape and Buffer Comments: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Confirm rehabilitation cost. All vehicular use areas which were in existence prior to the effective date of the Landscape Ordinance may continue as non -conforming until such time a building permit is issued to rehabilitate a structure on the property exceeding (50) percent of current replacement cost of the structure. At such time (50) percent of the existing vehicular use area shall be brought into compliance and shall continue to full compliance on a graduated scale based on the percentage of rehabilitation cost. 3. Menu board speakers for drive -through windows shall be designed to provide for a solid wall at least six (6) feet in height and twenty (20) feet in length along the opposite lane line. This wall shall be constructed of masonry or wood with a textured finish to diminish sound deflection. JULY 28, 2014 ITEM NO.: 4 ICON'T. 4. Perimeter landscape requirements will need to be met at the south property line. 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. 5. Buffer requirements will need to be met on the east perimeter where the commercial lot abuts the adjacent residential zoned property. In addition perimeter landscape requirements will need to be met. 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. 6. Screening requirements will need to be met for the parking area adjacent to the Rodney Parham and Breckenridge right-of-ways. Provide trees with an average linear spacing of not less than thirty (30) feet within the required landscape area. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Sec 15-95. If existing trees and shrubs are to be used to satisfy landscape requirements specie, caliper / size, and location will need to be listed on the plan. For each existing tree preserved and incorporated into the landscape design, the credit shall be applied as per Sec. 15-52. 7. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide note on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 8. Dumpsters or trash containment areas shall be screened. 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. Verify and indicate on the plan dumpster / trash receptacle location and type of screening. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The C-3 zoned property at 10121 N. Rodney Parham Road is occupied by a one- story commercial building, located near the center of the property. The property is located at the southeast corner of N. Rodney Parham Road and Breckenridge Drive. Paved parking is located on all sides of the building. Access drives are located from N. Rodney Parham Road (northeast corner of property) and Breckenridge Drive (southwest corner of property). The applicant proposes to renovate the existing building and locate a restaurant type use (Dunkin' Donuts) within the west portion of the structure. The east portion of the existing building will be utilized for general commercial or office use. The JULY 28, 2014 ITEM NO.: 4 CON'T.) renovation will include the addition of a drive-thru window on the west side of the building, with a menu order board at the northwest corner of the building. With the addition of the menu order board, the applicant is proposing not to install a sound buffer wall across from the menu speaker area. Section 36-298(1)b. of the City's Zoning Ordinance requires the following requirement for menu speaker locations: "b. Each speaker location shall be designed to provide for a solid wall at least six (6) feet in height and twenty (20) feet in length along the opposite lane line. This wall shall be constructed of masonry or wood with a textured finish to diminish sound deflection." Therefore, the applicant is requesting a variance from this ordinance requirement to not construct a buffer wall for the new menu speaker location. Staff is supportive of the requested variance. Staff views the request as reasonable, given the proposed location of the menu board speaker. The menu speaker location will be near the northwest corner of the property, near the major intersection of N. Rodney Parham Road and Breckenridge Drive. Additionally, there are other commercial uses at the other three (3) corners of this intersection. The menu speaker will not be in close proximity to residential property, or property with a less intense zoning than C-3. Staff feels that the noise generated by the menu speaker location will be mostly drowned out by the traffic noise at the intersection. Staff believes the elimination of the menu speaker buffer wall will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested menu speaker wall variance, subject to compliance with the Landscape and Buffer comments as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT (July 28, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 5 ayes, 0 nays and 0 absent. The application was approved.