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HomeMy WebLinkAboutZ-9335 Staff AnalysisJUNE 25, 2018 ITEM NO.: 10 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested Justification: Z-9335 Buckhead Investments LLC and 2012 Fuqua Family Trust Adams Engineering 515 W. 6th Street South side of W. 6th Street, from Broadway to Arch Street UU 1. Section 36-342.1.(c)(3) to permit a drive -through facility visible from a primary street (Broadway). 2. Section 36-342.1(c)(5) to waive the street -tree requirement if not permitted by ArDOT and/if there are any existing utilities that prohibit the plantings. 3. Section 36-342.1(c)(7) to permit building orientation not at the street level at the sidewalk. 4. Section 342.1(c)(8) to permit street fronting building fagade with less than 60% transparency or windows. 5. Section 36-342.1(c)(10)b to allow parking between the building and the streets. 6. Section 36-342.1(c)(11) to allow a ground -mounted sign with a maximum area of 160 sq. ft. and a maximum height of 36 ft. The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Surface Parking Lot Proposed Use of Property: Restaurant with Drive Through STAFF REPORT A. Public Works Issues: 1. The Public Works Department has no comment on the proposed variances to Chapter 36 of City of Little Rock Code of Ordinances. 2. Prior to approval of the building permit, the proposed driveway on Broadway must have an island constructed to prevent left turns onto Broadway Street. 3. Prior to approval of the building permit, the developer must agree to make boundary street improvements. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged or missing curb and gutter, sidewalk, ramps or concrete JUNE 25, 2018 ITEM NO.: 10 r�xXV driveway aprons within the public right-of-way adjacent to the site. Sidewalk, ramps and driveway aprons which do not conform to ADA guidelines must be repaired or replaced. Remove abandoned driveway cuts and install curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Standard Details and ADA guidelines. 4. Prior to approval of the certificate of occupancy, twenty (20) foot radial right-of- way dedications must be made at the intersections of W. 6th Street and Broadway and W. 6th Street and Arch Street in accordance with the Master Street Plan. 5. ARDOT has approval authority for any improvements made within the right of way of Arkansas State highways. Contact Mr. Dan Ivy at 501-569-2171 prior to construction of any improvements within state right-of-way. B. Landscape and Buffer Issues: Site plan must comply with the Little Rock Zoning Ordinance, Sec. 36-342.1. UU Urban Use District and the City's minimal landscape and buffer ordinance requirements. 2. In accordance with the UU zoning district street trees a minimum of three-inch caliper will be required. The trees shall be located a minimum of two (2) feet off the back of a curb, placed thirty (30) feet on center and no closer than thirty (30) feet to a street intersection. A water source shall also be provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. A franchise agreement must be obtained from Little Rock Public Works to place landscape materials in the public right-of-way. 3. Signage is to be reviewed and permitted separately. 4. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. The minimum dimension of the perimeter planting strip shall be six (6) feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 6. For parking areas with twelve or more spaces eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of 2 JUNE 25, 2018 ITEM NO.: 10 Z-9335 an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. 7. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 8. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 9. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 10.All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet no to exceed eight (8) feet total height. 11.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. C. Staff Analysis: McDonald's USA is proposing to construct a new restaurant on the Urban Use (UU) zoned property located at the southwest corner of W. 6th and Broadway Streets. The proposed site consists of a half -block, bounded by W. 6th Street on the north, Broadway on the east and Arch Street on the west. The property is currently occupied by a commercial, surface parking lot. The applicants are requesting several variances from the UU district development criteria established in Section 36-342.1(c). The variances are as follow: 1. Section 36-342.1.(c)(3) to permit a drive -through facility visible from a primary street (Broadway). 2. Section 36-342.1(c)(5) to waive the street -tree requirement if not permitted by ArDOT and/if there are any existing utilities that prohibit the plantings. 3 JUNE 25, 2018 ITEM NO.: 10 Z-9335 3. Section 36-342.1(c)(7) to permit building orientation not at the street level at the sidewalk. 4. Section 342.1(c)(8) to permit street fronting building fagade with less than 60% transparency or windows. 5. Section 36-342.1(c)(10)b to allow parking between the building and the streets. 6. Section 36-342.1 (c)(1 1) to allow a ground -mounted sign with a maximum area of 160 sq. ft. and a maximum height of 36 ft. Staff is supportive of the requested variances. The UU zoning district encompasses most of downtown, from the River south to 1-630 and from east of 1-30 to the Capitol Zoning District. The UU district was established to help create a dense, compact, distinguishable core area which allows for a broad use mix. One goal of the UU district was to create a pedestrian urban -oriented downtown. However, there are a variety of "sub -districts" in downtown. While clearly there are large areas of downtown that are pedestrian oriented, there are also areas that are less so. Broadway, especially south of 6th Street is one such area that retains its US Highway -vehicle oriented feel. This proposed new "fast food" restaurant is compatible with how Broadway, from 61h Street south to 1-630 has developed. Each variance request is addressed as follows: Section 36-342.1(c)(3) states no new drive in or drive through facilities may be visible or take directed access from a primary street. Broadway is designated as one of the primary streets. From 6th Street south to 1-630, no fewer than seven (7) restaurants with drive throughs and one (1) bank with a drive through take access from Broadway. The proposed McDonald's drive through is compatible with development on this street. 2. Section 36-342.1(c)(5) requires the planting of street trees in the right- of-way adjacent to the site. The applicant will plant street trees where they are able to on Broadway, 6th and Arch Street. However, Broadway is a state/US highway and the right-of-way is controlled by ArDOT. There are utilities on both Arch and 6th Street which may prohibit the planting of street trees. 3. Section 36-342.1(c)(7) states buildings must be oriented to the street and the primary entrance is to be at street level on the street at the sidewalk. This is a vestage of the original UU district language which required buildings to be constructed at the front property line. That no longer is required, but rather is allowed. The proposed McDonald's is oriented to the street. 4. Section 36-342.1(c)(8) states the ground -level (street fronting) floor is to have a minimum surface area of 60% transparent or window display. The back of the proposed building faces Arch Street. This is the service entrance fagade and will have a transparency of closer to 1 %. The dual S JUNE 25, 2018 ITEM NO.: 10 Z-9335 drive through order boards and stacking area are located on this side of the building. The 6t" Street fagade is proposed with a transparency of 20% and the Broadway fagade is proposed with a transparency of 25%. While below the required 60%, the proposed transparency percentages are not out of character with other buildings. McDonald's is exploring building options to increase the transparency percentages. 5. Section 36-342.1(c)(10)b states surface parking is to be located behind or adjacent to a structure, not between the building and the abutting street. This property has three (3) street frontages and any parking is going to be located between the building and one or two of the streets. The primary street is Broadway and a minimum portion of the parking is located between the building and that street. The proposed driveway and circulation is required to support this drive -through business. 6. Section 36-342.1( c)(11) states ground -mounted signs can only be permitted as a variance through the Board of Adjustment. As described previously, the nature of development along Broadway from 6th Street south to 1-630 is different from much of the core of downtown. Most of the businesses on this portion of the street have commercial ground - mounted signs. The sign proposed by McDonald's is not out of character. Staff believes each of the requested variances to be appropriate. D. Staff Recommendation: Staff recommends approval of the requested variances from the development criteria subject to compliance with the Public Works and Landscape comments outlined in paragraphs A & B of the agenda staff report. BOARD OF ADJUSTMENT (June 25, 2018) 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 staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent.