HomeMy WebLinkAboutZ-9131 Staff AnalysisAPRIL 25, 2016
ITEM NO.: 4
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Z-9131
Little Rock Advertising and Promotion Commission
David Bubbus, David's Burgers
400 President Clinton Avenue
Northwest corner of President Clinton Avenue and St. Vincent
Plaza
UU
Variance Requested: Variances are requested from the sign provisions of Section
36-353 and the building form provisions of Section 36-356
to allow a projecting sign with increased projection from a
building, and a building addition with increased setback from
a front property line.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Addition to Restaurant
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The UU zoned property at 400 President Clinton Avenue is occupied by the River
Market's "Market Hall" building. The Market Hall building is located on the north side
of President Clinton Avenue, between Ottenheimer Plaza and St. Vincent plaza. A
smaller building housing a police sub -station is located immediately to the east at
the northwest corner of President Clinton Avenue and St. Vincent Plaza. A fenced
outdoor seating area is located on the east end of the Market Hall building, between
it and the police sub -station building.
The applicant, David's Burgers, will take over the Boulevard Bread restaurant space
within the east end of the Market Hall building. As part of the project, the applicant
proposes to add a one story addition that measures 21 foot by 40 foot to the Market
Hall building on the east side near the current police building. It will be for public
seating for patrons of the River Market with 15 booths for diners. There will be a
double door on the east side of glass with no doors. It will feature two shades of
brick, the primary color being the reddish brick (Garnet Smooth Brick)
APRIL 25, 2016
ITEM NO.: 4 (CON'T.
with the accent color of Dove Gray under the windows. There will be wall sconce
lighting by the double doors on the east and under the awnings on the east side.
There will be a 10'-4" separation between the police building and the proposed
addition. The addition will be set back 18 feet from the front (south) property line
along President Clinton Avenue. The fenced seating area along President Clinton
Avenue will be removed and the plaza area in front of the addition will be for public
use. It is unsure whether the tables and chairs will be replaced at this time.
The applicant also proposes to install a new projecting sign at the southeast corner
of the Market Hall building, over the sidewalk area. The proposed sign measures
4.75' wide by 3.1 feet tall. It is an oval shape with the background painted in red,
white and multiple colors. The text is "David's Burgers" with a hamburger depicted
in the center. There is a white stripe around the perimeter of the sign. The white
stripe will be accented with white neon for illumination. The sign will be mounted
with a 9'-6" clearance above the sidewalk.
The applicant is requesting two (2) variances for the proposed project. The first
variance is from Section 36-356(g)(1) of the City's Zoning Ordinance, which states
that buildings shall have a zero (0) foot build to line along public right-of-way. As
noted above, the proposed building will have an 18 foot setback from the front
(south) property line along President Clinton Avenue.
The second variance is from Section 36-353(e)(1)c. which states that projecting
signs shall extend a maximum of three (3) feet from the face of a building. The
proposed projecting sign will extend from the building 4.75 feet.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The proposed addition will be a quality addition to the Market Hall
building and will provide needed indoor seating area. The space between the
building addition and President Clinton Avenue will be for public space, and may be
used for outdoor seating in the future. Additionally, the proposed projecting sign will
not be out of character with other building -mounted signs within the River Market
District. The proposed sign exceeds the minimum clearance of nine (9) feet above
the sidewalk area. The River Market Design Review Committee reviewed and
approved the proposed project on March 8, 2016. Staff believes the proposed
building addition and projecting sign will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested building setback and sign variances,
as filed.
2
APRIL 25, 2016
ITEM NO.: 4 (CON'T.)
BOARD OF ADJUSTMENT
(April 25, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 4 ayes, 0 noes and 1 absent.
3
River
Market
Design
Review
Committee
Kate East, Chair
Jim Rice, Vice -Chair
Presley Melton, Member
Michael Hickerson, Member
Michael McCallum, Member
Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435
March 8, 2016
ITEM NO.: 1
Name: David's Burgers
Location: 400 President Clinton Avenue
Request: Addition
Source: D Alan Bubbus, David's Burgers
PROPOSAL/REQUEST:
The proposal is for Addition at the River Market Hall building for David's Burgers. Also included
is a projecting sign. The history of the applications on the site:
The proposal is to add a projecting sign at the corner of the existing River Market building in an
oval shape that will measure 4.75' wide and 3.1' tall. It will be illuminated with white neon tubing
around the perimeter. The second part of the proposal is to add a one story addition that
measures 21 foot by 40 foot to the Market Hall building on the east side near the current Police
building. It will be for public seating for patrons of the River Market with 15 booths for diners.
Text from the Ordinance:
Sec.36-353. Signs.
(a) Signs in general.
(1) Location.
a. Signs shall not hide significant architectural detail or features of a building.
b. Signs shall not visually clutter nor interfere with views of the building.
Page 1 of 9
c. Wall signs shall be confined to the flat surface of the building and shall not project
more than five (5) inches from the building facade.
d. Signs shall not be painted directly on the face of a building.
e. Awning valences are appropriate locations for signage.
f. Freestanding signage is prohibited.
g. Signs shall be adequately spaced from other signs.
h. All signs must face public street right-of-way except those permitted on facades
facing the Arkansas River.
(2) Appearance.
a. Signs shall be compatible with the architecture of the building on which it is
located.
b. Design of signs shall capitalize on the special character of the District.
c. Window signs shall not cover more than twenty-five (25) percent of each glass
panel.
d. Awning signs shall not exceed twelve (12) square feet per awning.
e. Neon illumination is permitted.
f. Internally illuminated signs are prohibited.
g. In accordance with federal law, businesses with registered trademarks are allowed
to display the mark in signage which otherwise complies with City sign regulations.
h. Advertising copy on signs is prohibited.
i. Materials used in signs shall be sensitive to signs and architecture on adjacent
sites.
(e) Projecting signs.
(1) Location.
a. Projecting signs shall maintain a nine -foot clearance in all pedestrian walkways
and a thirteen -foot clearance over vehicular use areas, i.e. alleys and driveways.
b. Height of projecting signs shall not extend past the sill of the second story
windows.
c. Projecting signs shall extend a maximum of three (3) feet from the face of the
building.
d. The number of projecting signs shall be limited to one sign per one hundred (100)
feet of street frontage per building.
e. Projecting signs shall be placed at a ninety -degree angle to the building.
f. Signs shall be spaced so not to conflict or obscure other signage.
(2) Appearance.
a. Projecting signs shall have a maximum of twenty five (25) square feet of sign face
per sign.
b. Thickness of projecting signs shall be limited to twelve (12) inches.
c. Signage colors, typeface, and style shall be compatible with the district.
(3) Sign illumination.
a. Internally lit signs are prohibited. When projecting 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.
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b. Neon is permitted on projecting signs.
illumination level shall be permitted on signs.
maintenance review, by city staff, for .
functionality.
The proposed sign is a projecting sign measuring
4.75' wide by 3.1 feet tall. It is an oval shape with the
background painted in red, white, and multiple
colors. The text is "David's Burgers" with a
hamburger depicted in the center. There is a white
stripe around the perimeter of the sign. The white
stripe will be accented with white neon for
illumination. It is assumed that the sign is double
sided. The ordinance states in Sec. 36-353(e)(1)c
that "Projecting signs shall extend a maximum of
three (3) feet from the face of the building." This
sign projects 21 inches or 158% more than allowed
by ordinance. The sign will be mounted with a 9'-6"
clearance off the sidewalk, which is above the 9'-0"
minimum. There are not any other projecting signs
within that block, so the spacing conforms to the
ordinance. Otherwise, the sign complies with the
ordinance.
No movement, flashing, or change of
Each neon sign shall have a one-year
4.,5
Dav and night views of
UL
The proposal is to add a one story addition that measures 21 foot by 40 foot to the Market Hall
building on the east side near the current Police building. It will be for public seating for patrons
of the River Market with 15 booths for diners. There will be a double door on the east side of
the building and one door on the north fagade. The south facade will feature a large expanse of
glass with no doors. It will feature two shades of brick, the primary color being the reddish
brick (Garnet Smooth Brick) with the accent color of Dove Gray under the windows. There will
be wall sconce lighting by the double doors on the east and under the awnings on the east side.
There will be a 10'-4" separation between the police building and the proposed addition.
The fence along President Clinton Avenue will be removed and the plaza area in from of the
addition will be for public use. It is unsure whether the tables and chairs will be replaced at this
time or not.
i
? SOIf'N ELiVATCN
South Elevation (President
Clinton Facade)
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NORTH ELEVATOON
North Elevation (River Facade)
Page 3 of 9
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EAST Ei!VAT1liN
East Elevation
Brick colors
by double doors
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Text from the ordinance:
Sec. 36-356. Building form.
(a) Materials.
(1) Historic materials or distinctive architectural features shall not be removed or hidden.
(2) The type of materials and their color, texture, scale and detailing shall be compatible
with those of buildings on adjacent sites.
(3) Surface cleaning of historic structures shall be done with the gentlest possible
method. Physical or chemical treatments, such as sandblasting or high pressure water
cleaning, that cause damage to historic material shall be prohibited.
(b) Roof types. Building roofs shall relate to the overall size, shape, slope, color and texture
of roofs of buildings within the district.
Page 4 of 9
(c) Openings.
(1) Historical upper facade windows shall retain original dimensions and details.
(2) Historical storefront configuration shall not be altered.
(3) New construction shall have a pattern of windows and doors that resemble similar
patterns on facades of adjacent buildings.
(4) Primary entrances shall be parallel with the street.
(d) Style and form.
(1) Height Regulations. No building hereafter erected or structurally altered shall exceed
a height of sixty (60) feet. Building height shall be defined, for the purpose of the River
Market Design Overlay District, as the vertical distance from the highest point of the
centerline of abutting private and public street frontages to the highest point of the roof
or parapet wall. All structural embellishments as defined by Sec. 36-2 Definitions shall
be reviewed by the River Market Design Review Committee for compliance.
(2) Buildings shall maintain the distinction between upper and street levels.
(3) Historical context of buildings shall be restored to original designs.
(e) Mass.
(1) New construction wider than the typical building width shall be visually massed to
appear similar to buildings on adjacent sites.
(2) The primary facade of a building shall be oriented parallel with the street.
(1) Projections.
(1) Objects shall not project from the building facade over the public right of way except
for awnings, signs, and balconies.
(2) Awnings shall not project more than five (5) feet from the building facade and have a
minimum clearance of nine (9) feet above the sidewalk.
(3) Balconies over the public right of way shall have a minimum clearance of nine (9)
feet above the sidewalk. One (1) inch of projection is permitted for each additional inch
of clearance above eight (8) feet, provided that no such projection shall exceed a
distance of four (4) feet. Balconies shall not be supported with posts extending to the
sidewalk. Mounting heights for balcony brackets shall conform to minimum clearance
standards.
(g) Setbacks.
(1) Buildings shall have a zero (0) foot build to line along the public street right-of-ways.
Analysis:
The proposed building complies with the ordinance on all points except for setback form
President Clinton Ave. Section Sec. 36-356(g)(1) states that "Buildings shall have a zero (0)
foot build to line along the public street right-of-ways. "This building is proposed to have an 18'
setback. According to Sec. 36- 366.1 Exceptions: "Property that can not 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. All other requests for variances for the overlay standards shall
go to the Board of Adjustment."
The setback is negated with the space in front of the building being public communal space for
dining or other passive activities. Removing the fence also helps negate the setback issue.
However, the floor plan could be flipped to meet the setback requirements.
Page 5 of 9
Applicant will be responsible for obtaining a building permit and sign permit for each sign and a
franchise for the sign.
STAFF RECOMMENDATION:
Staff recommends approval.
Page 6 of 9