HomeMy WebLinkAbout1985-07-15 Minutes• A meeting of the Fayetteville Board of Adjustment was held on Monday,
July 15, 1985 at 3:45 P.M. in Room 111 of the City Administration
Building, 113 West Mountain Street,
MEMBERS PRESENT: Chester House, Don Mills, Robert Waldren, Dennis
Becker, Jerry Allred and Gerald Boyd
MEMBERS ABSENT: Larry Tompkins
The meeting was called to order by Chairman House and the minutes
of the meeting of July 1st were considered.
MINUTES
The minutes were approved unanimously upon a motion by Mills and a
second by Allred.
APPEAL 85-19 GSC COMPANY (FIESTA SQUARE SHOPPING CENTER)
2999 THROUGH 3041 N. COLLEGE - PARKING VARIANCE
The second item on the agenda was Appeal 85-19 submitted by GSC Company
(Fiesta Square Shopping Center) for property located at 2999, 30075
• 30213 3027 and 3041 N. College and zoned C-29 Thoroughfare Commercial.
Requested is 1352 parking spaces, 1454 spaces are required.
Fred Stuckey, representative of GSC, stated that the company wishes
to finish out the Wal-Mart North shopping center. He advised that
two out -parcels along the Highway have been completed and he outlined
the shops and businesses that will occupy space in the remainder of
the shopping center. He advised that the theatre requires a separate
calculation of one parking space for each four seats. Stuckey noted
that this development is what is called a community type -center (strip
development in excess of 200,000 s.f. He said that there is a concept
called shared parking throughout the country which involves businesses
using the same parking without conflict as they occupy the parking
at different times of the day. Stuckey advised that the small shops
proposed in the development will close before the theatre opens.
Stuckey said he has spoken to Regional Planning Consultant Larry Wood
regarding a shared parking study Wood is currently conducting. He
said he put Wood in touch with others who have just completed similar
studies and added that Wood is now prepared to present an ordinance
which takes the shared parking concept into consideration. He said
that Wood has advised that it will take as much as 90 days before
the ordinance will be of any help and the GSC Company needs to begin
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doBoard of Adjustment
July 15, 1985
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work now. He also stated that, if the ordinance is passed, he will
be short only 13 spaces. Stuckey said he has his the proposal reviewed
by the planners from the theatre and the small shops involved and
everyone agrees that the parking will be sufficient.
In answer to Boyd's question, Stuckey replied that the development
is under common control whereby a reciprocol easement has been recorded
putting the control under one entity prohibiting the increase of coverage
and the elimination of any parking without consent.
Waldren asked if the future out -parcel was considered in this request
and Stuckey replied that it will have to provide its own parking.
Jones noted that two of the completed out -parcels are above their
minimum parking requirements and have been included in the total counts.
Mills clarified that the small shops will close at 6 or 7 P.M. with
one or two staying open later.
Stuckey said he thought shared parking concept has filtered down as
good land use planning and noted that it has become obvious that parking
lots are being built bigger than could ever be used just to fulfill
• code requirements. He said codes regarding this issue are being addressed
and re -written around the country.
House inquired as to compact car spaces and handicap parking spaces
and discussion ensued regarding the misuse of handicap spaces.
Becker said he thought more planters are shown on the drawing than
are required which could have been used as additional parking. Stuckey
replied that, although he could have gained some parking, he felt
that the planters were necessary to avoid parking stackups.
Chairman House opened the hearing to the public and John Ragland,
3160 Malinda, expressed his concern that lights from vehicles would
disturb residents adjacent on the north and west. He said he would
like to see the existing privacy fence on the west boundary of Wal-Mart
be extended from this property's northwest property line eastwards
to reduce noise and light. Wade Bishop, 435 Village, said that he
endorsed the comments made by Ragland.
Stuckey said the grade falls off very badly in the area the fence
was being requested although he agreed to install a fence if it would
not be too expensive.
Discussion was returned to the Board and Allred said he thought shared
parking was a very progressive and innovative measure and added that
• it was redundant to use parking as it currently stands. He said he
was receptive to a fence for some length along the north boundary.
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Board of Adjustment
July 15, 1985
Page 3
Mills asked if the figures in the shared parking table are based on
a nation-wide study and standards for this type of situation. Jones
• replied that the Urban Land Institute has published a book on shared
parking but said she was not sure where the plan was being used.
Mills said she liked the concept but felt unfamiliar with the figures
presented. She added that she liked both the idea of shared parking
and the privacy fence.
Waldren advised that this Board has addressed this problem many times
in the past and said that he would like to see the undesignated sites
in this project stand on their own. He also expressed doubt that
this Board could impose a fence requirement. Stuckey volunteered
the fence as he said he wished to continue to be a good neighbor.
MOTION
Waldren moved to approve the request with the stipulation that the
future out -parcels will stand on their on as far as parking requirements.
Mills seconded and the motion to approve the variance passed 6-0-0.
APPEAL 85-20 OZARK FLOOR COMPANY
928 N. COLLEGE - PARKING VARIANCE
The third item on the agenda was Appeal 85-20 submitted by James January
of Ozark Floor Company for property located at 928 N. College and
iszoned C-2, Thoroughfare Commercial and R-0, Residential -Office. Requested
is a parking variance based on computation of detached warehouse space
for a total of 35 spaces. Based on sales 6 warehouse, requirement
is one per 300 s.f, for a total of 49,
January explained the present locations of the buildings on his property
including a mobile home on the northeast corner, a small building
on the west side (College Avenue) occupied by Doss and Price Office
Supply Company and another small house on the northwest corner of
the property. He said that the office supply firm has been using
the small house for storage and have indicated that they need more
room for storage as well as a larger retail space. January said he
would like to enlarge the building so as to keep Doss 6 Price as a
tenant and he presented architectural drawings showing the proposed
new buildings and the tractor trailer dock space. He said if the
proposed buildings are constructed, he will remove the non -conforming
Doss 6 Price building as well as the old frame house and the mobile
home situated on the northeast portion. He advised that he wishes
to secure a parking variance before continuing with any plans and
he presented a three-dimensional model for Board members to examine.
January stated that there is a blacktop drive on the south with about
a six foot drop that runs between his property and that of his brother,
the drive itself being located on his brother's property.
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• Board of Adjustment
July 15, 1985
Page 4
January stated that a benefit to be gained from the new plan would
be that a blind spot will be eliminated allowing more visibility for
Ozark Floor.
Jones advised that warehousing and wholesaling in a C-2 District requires
Planning Commission approval but added that she is considering this
as accessory storage. She noted that several additional items will
be required for this project:
1. Unless waived by the Board of Directors, an additional 5 ft. of
right-of-way on Baxter must be dedicated;
2. The driveway on Baxter must be 40 ft. from the intersection
(unless driveway safety zone is waived by the Planning Commission);
3. Setbacks from Baxter (new r/w) to the building must be either
50 ft. or may be reduced to 25 ft. with no parking and 10% of
the area between the building & street covered in plants.
4. The area of the proposed parking on the east side (R-0 District)
must be screened with a view -obscuring fence or view -obscuring
vegetation. If the Planning Commission waives this requirement,
10% of that property line (both east & south) must be landscaped.
• 5. The parking in the R-0 must be set back from the r/w a distance
of 25 ft. with 10% of the area between building and street in
plants or set back 15 ft, with 20% of that same area in plants.
In answer to
Allred's
question,
January
replied that Doss & Price
currently use
Ozark Floor
Covering
parking
spaces.
Waldren expressed concern that the warehouse building will not be
detached. He said he felt no building permit should be issued except
for warehousing purposes. He added that he had no problem otherwise.
Boyd, too, said he had no problems with this issue. Mills said she
would have no problem if the items listed by Jones were complied with.
Allred said he was impressed that the City would be getting rid of
two non -conforming buildings, House agreed.
House opened the public hearing to the audience and Mrs. Harold Shreve,
204 E. Cleburn, inquired whether the drive on the south side would
be for customer use. She advised that the drive is dangerous with
a large drop-off.
Mills noted that heavy loads would not use this drive and added that
when she toured this site, she chose to exit on the south side where
the ground is level and went around the building.
• Becker suggested January consider this safety standpoint and January
said he thought a guard rail might work. He said he would dig a foundation
and build the wall up about three feet high. Jones added that wheel
curbs are required to contain the vehicles within 5 ft. of the r/w.
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Board of Adjustment
• July 15, 1985
Page 5
Mrs. Shreve said that she was worried that a car might come over the
wall and into the yard on Cleburn Street.
Mills suggested posting the drive "one-way" and Allred said he didn't
think the proposed new buildings would increase the traffic. January
said he thought from 15 to 20 cars per day was common.
January noted that the Shreves had expressed concern regarding the
amount of run-off that might possibly end up in their yard and stated
that he would address that problem. He added that he would screen
the loading dock from both streets. Jones advised that screening
at the driveways must be between 18 and 30 inches.
NOTION
Becker made a motion to approve the variance as requested. Mills
seconded and the motion to approve the variance passed 6-0-0.
Jones advised that this case will not go to the Planning Commission
unless January requests a waiver of the screening or driveway safety
requirements.
• There being no further business, the meeting adjourned at 5:45 P.M.
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