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HomeMy WebLinkAboutZ-8871-A Staff AnalysisApril 23, 2015 ITEM NO.: 15 FILE NO.: Z-8871-A NAME: K Lofts Revised Short -form PCD LOCATION: Located at 315 South Main Street DEVELOPER: Scott Reed & K Lofts LLC 1001 SW 5th Avenue, Suite 1100 Portland, OR 97204 FNC,INFFR• Paul D. Fleming, PE SECB 18 Essay Drive Little Rock, AR 72223-9142 AREA: 7,024 Sq. Ft. NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Multi -family density at a rate greater than the UU Zoning District, Private club PROPOSED ZONING: Revised PCD PROPOSED USE: Reconfigure the outdoor patio area located within the public right of way VARIANCENVAIVERS: None requested. BACKGROUND: On April 29, 2013, the Zoning Board of Adjustment approved a request to allow outdoor dining within the public right of way for this property. Ordinance No. 20,772 adopted by the Little Rock Board of Directors on August 27, 2013, rezone the site from UU, Urban Use District to PCD. The approval was to allow the development of multi -family at a density greater than allowed per the UU, Urban Use Zoning District and allow a special events center. The restaurant was proposed as a full service restaurant offering lunch, dinner and/or brunch seven (7) days per week. April 23, 2015 SUBDIVISION ITEM NO.: 15(Cont.)FILE NO.: Z-8871-A The Cafe also offered live music, dance hall and an entertainment venue. The business operational hours were until 2:00 AM seven (7) days per week. The residential portion of the development was proposed with 32 apartments spread out over 5 floors. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is now requesting to amend the previously approved PCD to allow revision to the original patio layout and to recognize the current patio layout. On June 19, 2013, a franchise permit was granted by the City of Little Rock Public Works Engineering Division to Level on Main, Inc. for the installation and use of a seven (7) foot by fifty (50) foot outdoor patio on the sidewalk of Main Street. In September 2013, the patio was constructed of lesser expensive wooden materials due to the anticipation of the construction project carried out by the City of Little Rock and Township Builders. After a number of meetings with City staff it was determined the wooden patio materials could stay until the construction project was completed. After the construction the patio fencing was to be replaced with wrought iron fencing. The construction project began in September and the patio was removed to allow the sidewalk to be replaced. November 11, 2014, the patio fencing was replaced with wrought iron as agreed. However, the dimension of the street and sidewalk had changed from the construction project and the patio was installed approximately one (1) foot wider than previously approved. The original request was to allow a patio width of nine (9) feet. During the Zoning Board of Adjustment meeting the request was reduced to a five (5) foot clearance between the edge of the sidewalk and the patio for wheelchair and pedestrian accessibility but the original franchise request was approved with a seven (7) foot width. The patio was constructed eight (8) feet in width because the new sidewalk dimension was constructed five feet ten inches (5'10") of clearance for wheelchairs and pedestrian accessibility. The request also includes the allowance of a covered canopy or awning over the patio entire patio area. The covering is proposed as metal framing and a canvas top with the company logo located on the face of the awning. B. EXISTING CONDITIONS: The PCD zoned property at 315 Main Street is occupied by a five -story commercial building. The first floor of the building contains a restaurant with outdoor dining. Other uses in the area included several restaurants with outdoor dining, residential and office uses. K April 23, 2015 SUBDIVISION ITEM NO.: 15 Cont. FILE NO.: Z-8871-A 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 along with the Downtown Neighborhood Association, the MacArthur Park Neighborhood Association and the River Market Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A franchise permit was issued for the railing and outdoor dining to encroach 7-feet into the public right of way. The constructed railing extends 8-feet into the public right of way. The railing should be moved to 7-feet from the building. 2. Due to changes in policy since the last franchise approval, these types of franchise permit applications (outdoor dining within the public right of way) must be approved by adoption of a Resolution by the City of Little Rock Board of Directors to allow the placement of the outdoor dining within the public right of way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No objection. Entergy: Entergy does not object to this proposal the alley behind the building. The only exception street lights existing in the front of the building. this should be an issue. Centerpoint Energy: No comment received. AT & T: No comment received, Central Arkansas Water: No objection. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: No comment. All power lines are buried in might be service lines to any Contact Entergy in advance if CATA: The site is currently served by CATA at this location via Routes #1, 5, 8, 11, 14, 17 and 21. This location is currently in CATA's long range planning area. 3 April 23, 2015 SUBDIVISION ITEM NO.: 15 Cont. FILE NO.: Z-8871-A The proposal has no impact to current service. Maintaining the bicycle and pedestrian way in this area is important to accessing transit; an important feature for future planning and development of this area. F. ISSUES/TECHN ICAL/DESIGN- Building Code: No comment. Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use - Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial District) to allow for the development of an outdoor dining area as part of this development. Master Street Plan: Main Street is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Main Street since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown along Main Street. Bike Routes require no additional right-of-way, but only a sign or sharrow. Landscape. The site plan must comply with the minimum standards of the UU, Urban Use Zoning District. G. SUBDIVISION COMMITTEE COMMENT: (April 1, 2015) The applicant was not present. Staff presented the item stating there were no outstanding technical issues in need of addressing related to the site plan. Staff stated the request was to amend the PCD to allow the outdoor patio area to be increased. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. 4 April 23, 2015 SUBDIVISION ITEM NO.: 15 (Cont. H. ANALYSIS: FILE NO.: Z-8871-A There were no issues raised at the April 1, 2015, Subdivision Committee meeting which required the submission of a revised site plan. The applicant is requesting approval of a revision to the PCD zoning to allow a previously approved patio to be enlarged. The patio was originally approved by the Zoning Board of Adjustment to allow a seven (7) foot by fifty (50) foot patio located in the right of way of this restaurant located at 315 Main Street. The Zoning Board of Adjustment was approving the use of the right of way for outdoor dining. A franchise agreement was executed by the City of Little Rock to allow the construction of a seven (7) foot by fifty (50) foot patio on June 19, 2013. A wooden patio surround was constructed in September of 2013. At that time the City was under contract to install the improvements related to the City's Creative Corridor which included bio swales, rain gardens, streetscaping and landscaping. Construction in the 300 Block of South Main began in September 2013. With the construction project the patio was removed to allow the sidewalk to be replaced. In November 2014, the patio fencing was replaced with a decorative wrought iron fence and railing. When the decorative wrought iron fence was installed the fence was placed at eight (8) feet from the building and not the seven (7) as approved previously approved by the City franchise. The request also includes the allowance of a covered canopy or awning over the entire patio area. The covering -is proposed as metal framing and a canvas top with the company logo located on the face of the awning. Staff is not supportive of the request. Staff has concerns with the clearance between the fencing and the bioswale which was placed in front of the applicant's business as a part of the Creative Corridor project. The bioswale has an eight (8) to twelve (12) inch drop-off into a pit which captures the rainwater runoff. Staff feels this drop could create a trip hazard for pedestrians traveling through the area. Staff feels the fencing should be reduced and placed at seven (7) feet as was originally approved to allow adequate clearance for pedestrians. As currently constructed there is six (6) foot of clearance between the fencing and the bioswale. Staff feels the seven (7) foot clearance would create a safer environment for persons walking in the area. STAFF RECOMMENDATIO Staff recommends denial of the request. 9 April 23, 2015 SUBDIVISION ITEM NO.: 15 FILE NO.: Z-8871-A PLANNING COMMISSION ACTION- (APRIL 23, 2015) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of denial. Mr. Brad McCray addressed the Commission on the merits of his request. He stated once the sidewalk construction was completed he contacted a fence company to install the fence. He stated he was not sure if the fence company thought the clearance was the most important or the distance from the building but regardless the fence was installed eight (8) feet from the face of the building and not the seven (7) feet as previously approved. He stated there was five (5) feet of clearance between the fence and the bio-swale. He stated the businesses across the street had less sidewalk clearance between planters and the patio fencing than his business. He stated the fence had been in place six (6) months and there had not been an issue with the distance. He stated there was little traffic on the east side of Main Street unless they were accessing his business. He stated the fence was installed and the concrete core drilled to secure the fence post. He stated once the fence was relocated there would be evidence in the new concrete. He stated the awning he was requesting was similar to the awning located at Dugan's Pub. He stated metal poles with a canvas covering with a logo on the awning. The Commission questioned staff for the reasoning for non-support. Staff stated they were concerned with the walkway clearance and the area for unobstructed pedestrian movement. Staff stated the applicant agreed to place the fence at seven (7) feet at the Zoning Board of Adjustment meeting and they felt he should construct the fence as was approved. Staff stated the Creative Corridor was all about pedestrians. Staff stated the City had spent $2-millon dollars in creating the corridor and making the area pedestrian friendly. Staff stated walkability and access were the key concepts of the project. The Commission questioned staff if they were supportive of the canopy. Staff stated they had not reviewed the canopy. Staff stated there were a number of items to consider when granting a franchise agreement for a canopy. The Commission questioned if the applicant wanted to defer to allow staff to review the request. Mr. McCray stated he wanted to move forward with the current request as filed. Staff stated this included the allowance of the additional area for the patio and the allowance of the canopy over the patio area. A motion was made to approve the request including all staff comments expect that of denial. The motion failed by a vote of 1 ayes, 9 noes and 1 absent. 1.1 ITEM NO.: 15. Z-887 NAME: K Lofts Revised Short -form PCD LOCATION: located at 315 South Main Street Plannina Staff Comments: 1. Provide notification of the property owners located within 200-feet of the development including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than April 8, 2015. The Office of Planning and Development must receive the proof of notice no later than April 17, 2015. Variance/Waivers: Public Works Conditions: 1. A franchise permit was issued for the railing and outdoor dining to encroach 7-feet into the public right of way. The constructed railing extends 8-feet into the public right of way. The railing should be moved to 7-feet from the building. 2. Due to changes in policy since the last franchise approval, these types of franchise permit applications (outdoor dining within the public right of way) must be approved by adoption of a Resolution by the City of Little Rock Board of Directors to allow the placement of the outdoor dining within the public right of way. Utilities and Fire Department/County Planning: Wastewater: No objection. Entergy: Entergy does not object to this proposal. All power lines are buried in the alley behind the building. The only exception might be service lines to any street lights existing in the front of the building. Contact Entergy in advance if this should be an issue. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: No comment. CATA: The site is currently served by CATA at this location via Routes #1, 5, 8, 11, 14, 17 and 21. This location is currently in CATA's long range planning area. The proposal has no impact to current service. Maintaining the bicycle and pedestrian way in this area is important to accessing transit; an important feature for future planning and development of this area. Building Code: No comment. Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use - Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric cresting a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial District) to allow for the development of an outdoor dining area as part of this development. Master Street Plan: Main Street is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Main Street since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown along Main Street. Bike Routes require no additional right-of-way, but only a sign or sharrow_ Landscape: The site plan must comply with the minimum standards of the UU, Urban Use Zoning District. 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, April 8, 2015.