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HomeMy WebLinkAboutZ-9014 Staff AnalysisAPRIL 27, 2015 ITEM NO.: A (CON'T. Additionally, staff has no issue with the proposed building encroachment into the right-of-way. As noted in the Public works comments (paragraph A. of this report), franchise permit approval will be required for the outdoor dining encroachment and building encroachment into the public right-of-way. The franchise permits will be reviewed by the Board of Directors. During this process, all public utility companies will also review the franchise requests. Board of Adjustment approval of the zoning variances does not guarantee that the franchise permits will be approved. Staff feels that this project will bring more pedestrian traffic to this area of Downtown Little Rock, and have a positive impact on the area. Staff believes that the proposed project with variances from the UU district requirements will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances from the UU district standards, subject to compliance with the Public Works requirements as noted in Paragraph A. of the staff report. BOARD OF ADJUSTMENT (March 9, 2015) Staff informed the Board that the applicant submitted a letter on February 11, 2015 requesting this application be deferred to the March 30, 2015 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the March 30, 2015 agenda. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. Staff Update: Issues have been raised by Central Arkansas Water regarding an existing water main in the immediate area. These issues need to be resolved prior to Board of Adjustment action. Staff recommends deferral to the April 27, 2015 agenda to allow time to resolve the issues. BOARD OF ADJUSTMENT (March 30, 2015) Staff informed the Board that the application needed to be deferred to the April 27, 2015 agenda, so that Central Arkansas Water issues could be resolved. The item was placed on the Consent Agenda for deferral to the April 27, 2015 agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update: The applicant submitted a letter to staff on April 14, 2015 requesting this application be withdrawn, without prejudice. Staff supports the withdrawal request. APRIL 27, 2015 ITEM NO.: A File No.: Z-9014 Owner: 3rd and Commerce, LLC Applicant: Adam Day, AMR Architects Address: 402 E. 3rd Street Description: North side of E. 31d Street, between River Market Avenue and Cumberland Street. Zoned: UU Variance Requested: Variances are requested from the use and area provisions of Section 36-342.1 to allow outdoor dining in the public right- of-way, outdoor dining seating which exceeds 50 percent of the number of seats within a restaurant and a building addition which encroaches into the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Parking Deck with Retail Space Proposed Use of Property: Parking Deck with Retail Space and Restaurant with Outdoor Dining STAFF REPORT A. Public Works Issues: 1. Two separate franchise permits must be obtained prior to construction of improvements within the City's right-of-way. One is for the building encroachment into the City right-of-way and the other is for the outdoor seating and weather screening encroachments into the City right-of-way. 2. For the two proposed encroachments into the City's right-of-way; the City's Board of Directors must review and approve the issuance of two separate franchise permits. Contact Debora Weldon, City Attorney, at 501-371-6812 to provide more information about the Board of Director's action. 3. The relocation of the bench and fire hydrant must be done according to the plans with the approval of the franchise permits. 4. The Board of Adjustment approval does not approve the issuance of franchise permits. The franchise permit has a separate application and approval process through the City's Public Works Department and all utilities. 5. Any improvements within the City's right-of-way not shown on the franchise permit application plans will not be allowed to be constructed. APRIL 27, 2015 ITEM NO.: A (CON'T.) B. Staff Analysis: The UU zoned property at 402 E. 3rd Street is occupied by a two -level parking deck. Access to the parking deck is by way of a driveway entrance at the southwest corner of the deck. Three (3) small retail spaces are located at the southeast corner of the parking deck. The applicant proposes to convert two (2) of the existing retail spaces to a restaurant use. The project consists of constructing second and third level additions on top of the parking deck, at its southeast corner, over the existing retail space. The first floor area will be used as a kitchen and ordering area. The new second level will be a food prep area. The new third level will be for indoor restaurant seating, with up to 80 seats. The project also includes an elevator/stairway addition on the east side of the parking deck at its southeast corner. Both the third level addition and elevator/stairway addition (stair landing only) will extend/cantilever four (4) feet into the public right-of-way area. The cantilever will be located ten (10) feet above the sidewalk area. The project also includes an area of outdoor dining (74 seats), immediately west of the retail space, extending the remaining length of the parking deck along E. 3rd Street. The majority of the outdoor dining area will be located under the existing parking deck, with new interior walls being constructed. The area of outdoor dining will extend approximately 2 feet-8 inches into the public right-of-way. A four (4) foot wide awning will extend from the parking deck over the outdoor dining area. The awning will be located ten (10) feet above the sidewalk area. Additionally, at the exterior line of the outdoor dining area (2 feet-8 inches into the right-of-way), small poles (framing) will be installed which will support a roll -up inclement weather screen. The inclement weather screen will be located just outside a three (3) foot high metal fence which will define the area of outdoor dining. Section 36-342.1(d)(1)a. of the City's Zoning Ordinance states that outdoor dining shall not be located in the public right-of-way. Section 36-342.1(d)(1)b. states that the number of seats in an area of outdoor dining shall not exceed 50 percent of the number of seats within the restaurant it serves. Section 36-342.1(f)(1) allows buildings to be constructed to front property lines, but states that structures may not be built in the right-of-way. Therefore, the applicant is requesting variances from these ordinance requirements to allow a portion of the area of outdoor dining to extend into the public right-of-way, the area of outdoor dining to have seating exceeding 50 percent of the number of seats inside the restaurant, and the new building construction to extend into the public right-of-way. Staff is supportive of the requested variances. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. Most of the other areas of outdoor dining that have been approved encroach into the right-of-way more than this request. Given the nature of the project in converting a portion of the parking deck for restaurant use, the number of outdoor seats related to indoor seats should not be an issue. MARCH 30, 2015 ITEM NO.: A File No.: Owner: Applicant: Address: Description: Zoned Z-9014 3rd and Commerce, LLC Adam Day, AMR Architects 402 E. 3rd Street North side of E. 3rd Street, between River Market Avenue and Cumberland Street. UU Variance Requested: Variances are requested from the use and area provisions of Section 36-342.1 to allow outdoor dining in the public right- of-way, outdoor dining seating which exceeds 50 percent of the number of seats within a restaurant and a building addition which encroaches into the public right-of-way. Justification: The applicant's justification is presented in an attached letter Present Use of Property: Parking Deck with Retail Space Proposed Use of Property: Parking Deck with Retail Space and Restaurant with Outdoor Dining STAFF REPORT A. Public Works Issues: 1. Two separate franchise permits must be obtained prior to construction of improvements within the City's right-of-way. One is for the building encroachment into the City right-of-way and the other is for the outdoor seating and weather screening encroachments into the City right-of-way. 2. For the two proposed encroachments into the City's right-of-way; the City's Board of Directors must review and approve the issuance of two separate franchise permits. Contact Debora Weldon, City Attorney, at 501-371-6812 to provide more information about the Board of Director's action. 3. The relocation of the bench and fire hydrant must be done according to the plans with the approval of the franchise permits. 4. The Board of Adjustment approval does not approve the issuance of franchise permits. The franchise permit has a separate application and approval process through the City's Public Works Department and all utilities. 5. Any improvements within the City's right-of-way not shown on the franchise permit application plans will not be allowed to be constructed. MARCH 30, 2015 ITEM NO.: A (CON'T. B. Staff Analysis: The UU zoned property at 402 E. 31d Street is occupied by a two -level parking deck. Access to the parking deck is by way of a driveway entrance at the southwest corner of the deck. Three (3) small retail spaces are located at the southeast corner of the parking deck. The applicant proposes to convert two (2) of the existing retail spaces to a restaurant use. The project consists of constructing second and third level additions on top of the parking deck, at its southeast corner, over the existing retail space. The first floor area will be used as a kitchen and ordering area. The new second level will be a food prep area. The new third level will be for indoor restaurant seating, with up to 80 seats. The project also includes an elevator/stairway addition on the east side of the parking deck at its southeast corner. Both the third level addition and elevator/stairway addition (stair landing only) will extend/cantilever four (4) feet into the public right-of-way area. The cantilever will be located ten (10) feet above the sidewalk area. The project also includes an area of outdoor dining (74 seats), immediately west of the retail space, extending the remaining length of the parking deck along E. 3rd Street. The majority of the outdoor dining area will be located under the existing parking deck, with new interior walls being constructed. The area of outdoor dining will extend approximately 2 feet-8 inches into the public right-of-way. A four (4) foot wide awning will extend from the parking deck over the outdoor dining area. The awning will be located ten (10) feet above the sidewalk area. Additionally, at the exterior line of the outdoor dining area (2 feet-8 inches into the right-of-way), small poles (framing) will be installed which will support a roll -up inclement weather screen. The inclement weather screen will be located just outside a three (3) foot high metal fence which will define the area of outdoor dining. Section 36-342.1(d)(1)a. of the City's Zoning Ordinance states that outdoor dining shall not be located in the public right-of-way. Section 36-342.1(d)(1)b. states that the number of seats in an area of outdoor dining shall not exceed 50 percent of the number of seats within the restaurant it serves. Section 36-342.1(f)(1) allows buildings to be constructed to front property lines, but states that structures may not be built in the right-of-way. Therefore, the applicant is requesting variances from these ordinance requirements to allow a portion of the area of outdoor dining to extend into the public right-of-way, the area of outdoor dining to have seating exceeding 50 percent of the number of seats inside the restaurant, and the new building construction to extend into the public right-of-way. Staff is supportive of the requested variances. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. Most of the other areas of outdoor dining that have been approved encroach into the right-of-way more than this request. Given the nature of the project in converting a portion of the parking deck for restaurant use, the number of outdoor seats related to indoor seats should not be an issue. Additionally, staff has no issue with the proposed building encroachment into the MARCH 30, 2015 ITEM NO.: A (CON'T. right-of-way. As noted in the Public works comments (paragraph A. of this report), franchise permit approval will be required for the outdoor dining encroachment and building encroachment into the public right-of-way. The franchise permits will be reviewed by the Board of Directors. During this process, all public utility companies will also review the franchise requests. Board of Adjustment approval of the zoning variances does not guarantee that the franchise permits will be approved. Staff feels that this project will bring more pedestrian traffic to this area of Downtown Little Rock, and have a positive impact on the area. Staff believes that the proposed project with variances from the UU district requirements will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances from the UU district standards, subject to compliance with the Public Works requirements as noted in Paragraph A. of the staff report. BOARD OF ADJUSTMENT (March 9, 2015) Staff informed the Board that the applicant submitted a letter on February 11, 2015 requesting this application be deferred to the March 30, 2015 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the March 30, 2015 agenda. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. Staff Update: Issues have been raised by Central Arkansas Water regarding an existing water main in the immediate area. These issues need to be resolved prior to Board of Adjustment action. Staff recommends deferral to the April 27, 2015 agenda to allow time to resolve the issues. BOARD OF ADJUSTMENT (March 30, 2015) Staff informed the Board that the application needed to be deferred to the April 27, 2015 agenda, so that Central Arkansas Water issues could be resolved. The item was placed on the Consent Agenda for deferral to the April 27, 2015 agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. MARCH 9, 2015 ITEM NO.: 5 File No.: Owner: Applicant: Address: Description: Zoned Z-9014 3rd and Commerce, LLC Adam Day, AMR Architects 402 E. 3rd Street North side of E. 3rd Street, between River Market Avenue and Cumberland Street. UU Variance Requested: Variances are requested from the use and area provisions of Section 36-342.1 to allow outdoor dining in the public right- of-way, outdoor dining seating which exceeds 50 percent of the number of seats within a restaurant and a building addition which encroaches into the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Parking Deck with Retail Space Proposed Use of Property: Parking Deck with Retail Space and Restaurant with Outdoor Dining STAFF REPORT A. Public Works Issues: 1. Two separate franchise permits must be obtained prior to construction of improvements within the City's right-of-way. One is for the building encroachment into the City right-of-way and the other is for the outdoor seating and weather screening encroachments into the City right-of-way. 2. For the two proposed encroachments into the City's right-of-way; the City's Board of Directors must review and approve the issuance of two separate franchise permits. Contact Debora Weldon, City Attorney, at 501-371-6812 to provide more information about the Board of Director's action. 3. The relocation of the bench and fire hydrant must be done according to the plans with the approval of the franchise permits. 4. The Board of Adjustment approval does not approve the issuance of franchise permits. The franchise permit has a separate application and approval process through the City's Public Works Department and all utilities. 5. Any improvements within the City's right-of-way not shown on the franchise permit application plans will not be allowed to be constructed. MARCH 9, 2015 ITEM NO.: 5 (CON'T.) B. Staff Analysis: The UU zoned property at 402 E. 31d Street is occupied by a two -level parking deck. Access to the parking deck is by way of a driveway entrance at the southwest corner of the deck. Three (3) small retail spaces are located at the southeast corner of the parking deck. The applicant proposes to convert two (2) of the existing retail spaces to a restaurant use. The project consists of constructing second and third level additions on top of the parking deck, at its southeast corner, over the existing retail space. The first floor area will be used as a kitchen and ordering area. The new second level will be a food prep area. The new third level will be for indoor restaurant seating, with up to 80 seats. The project also includes an elevator/stairway addition on the east side of the parking deck at its southeast corner. Both the third level addition and elevator/stairway addition (stair landing only) will extend/cantilever four (4) feet into the public right-of-way area. The cantilever will be located ten (10) feet above the sidewalk area. The project also includes an area of outdoor dining (74 seats), immediately west of the retail space, extending the remaining length of the parking deck along E. 3rd Street. The majority of the outdoor dining area will be located under the existing parking deck, with new interior walls being constructed. The area of outdoor dining will extend approximately 2 feet-8 inches into the public right-of-way. A four (4) foot wide awning will extend from the parking deck over the outdoor dining area. The awning will be located ten (10) feet above the sidewalk area. Additionally, at the exterior line of the outdoor dining area (2 feet-8 inches into the right-of-way), small poles (framing) will be installed which will support a roll -up inclement weather screen. The inclement weather screen will be located just outside a three (3) foot high metal fence which will define the area of outdoor dining. Section 36-342.1(d)(1)a. of the City's Zoning Ordinance states that outdoor dining shall not be located in the public right-of-way. Section 36-342.1(d)(1)b. states that the number of seats in an area of outdoor dining shall not exceed 50 percent of the number of seats within the restaurant it serves. Section 36-342.1(f)(1) allows buildings to be constructed to front property lines, but states that structures may not be built in the right-of-way. Therefore, the applicant is requesting variances from these ordinance requirements to allow a portion of the area of outdoor dining to extend into the public right-of-way, the area of outdoor dining to have seating exceeding 50 percent of the number of seats inside the restaurant, and the new building construction to extend into the public right-of-way. Staff is supportive of the requested variances. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. Most of the other areas of outdoor dining that have been approved encroach into the right-of-way more than this request. Given the nature of the project in converting a portion of the parking deck for restaurant use, the number of outdoor seats related to indoor seats should not be an issue. Additionally, staff has no issue with the proposed building encroachment into the MARCH 9, 2015 ITEM NO.: 5 (CON'T. right-of-way. As noted in the Public works comments (paragraph A. of this report), franchise permit approval will be required for the outdoor dining encroachment and building encroachment into the public right-of-way. The franchise permits will be reviewed by the Board of Directors. During this process, all public utility companies will also review the franchise requests. Board of Adjustment approval of the zoning variances does not guarantee that the franchise permits will be approved. Staff feels that this project will bring more pedestrian traffic to this area of Downtown Little Rock, and have a positive impact on the area. Staff believes that the proposed project with variances from the UU district requirements will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances from the UU district standards, subject to compliance with the Public Works requirements as noted in Paragraph A. of the staff report. BOARD OF ADJUSTMENT (March 9, 2015) Staff informed the Board that the applicant submitted a letter on February 11, 2015 requesting this application be deferred to the March 30, 2015 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the March 30, 2015 agenda. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. APRIL 27, 2015 ITEM NO.: A CON'T. BOARD OF ADJUSTMENT (April 27, 2015) Staff informed the Board that the applicant submitted a letter to staff on April 14, 2015 requesting this application be withdrawn, without prejudice. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal, without prejudice. The vote was 4 ayes, 0 nays and 1 absent. The application was withdrawn.