HomeMy WebLinkAbout2003-02-03 - Agendas 2/3/03 AD NEW 1/30/034� Page 1 2/3103 2X3.25
CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJLJSTMEr%
Monday,February 3,2003- 3
City Administration Building,Room"S126
113 West Mountain
F Yettevie,Arkansas d0aftlL
PUBLIC MEETING-OPEN TO ALL
City of Fayetteville
The following items will be considered
Approval of minutes ftorn the menting Of January 6,2003
New BusineSs:
VAR 03-2.00 Variance(Red Spot,LIJCI PP 599)was submitted by Engineering Corralling Services ch
behalf of Red Spot,LLC for property located at 1348 Cato Springs Road. The property is zoned 1-1
Heavy Cornmercial/iLight Industrial and c tainsapproximately3.07acrw Th9reqdme,hi
sideselleack.The request is for 10 Sid,S092ack(a 10'vanarce)for an addition to the existing structure.
VAR 03-3.00;Verance(Days Inn,pp 290�was Submitted by Neal Hefner Construed n on behalf of Jay
Surati of Days inn for proarty located t 2402 N. College Avenue, The PrOPSrtV is zoned C-2
Thoroughfare Commercial and contains approAmately 4.12 acres. The requirement Is for a 65'fro�
setback on College. Th.req.w is for,28.75'eont setback(a 36.25'varl
VAR 03-5-GO Variance(Mle,Rive,Hardwoods,AD 565)was submitted by Jim Key of Key Architecture
on behalf of White River Hardwoods for Property located at 1197 S.Happy Hollow Road. The prdpery
is zoned C-2,Thoroughfare Commercial and contains approximatelj 0.90 acres.The requmment is for
a 50'fr0h sefleack from the Mosher Street Plan right-cf-way line and a 15'landscaped area adjacent to
the fmnt property fine. The request is for a 38'kont setback(a 12'vanidn�)and no on
(a 15'vertarce). The request is to instal the landscaping in the Street right-orwy, -site landscaping
amendments and other pertinent data is open and available for ins,cmion I. A copy of the woposee
At interested parties may appear and be heard at the public hearings
11 n the Office,Of City Planning
(576-8264),City Administration Building 3 West Mountain Street.Fayetteolle,Arkansas All Intere,fed
Parties am invited to review the petftion;.
Interpreters crTDD for hearing impaired are avarladle for all public meetings 72 he r notice is required.
For further information or to request an interpreter,Please call Hugh Farn;st at 575U8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8267
AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment will be held Monday,February 3, 2003, at 3:45
p.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, AR,
72701.
The following items will be considered:
Approval of minutes from the meeting of January 6,2003
New Business:
1. VAR 03-2.00: Variance(Red Spot,LLC,pp 599)was submitted by Engineering Consulting
Services on behalf of Red Spot,LLC for property located at 1348 Cato Springs Road. The
property is zoned 1-1,Heavy CommerciaL/Light Industrial and contains approximately 3.07 acres.
The requirement is for a 10' side setback. The request is for a 0 side setback(a 10' variance)for
an addition to the existing structure.
2. VAR 03-3.00: Variance (Days Inn,pp 290)was submitted by Neal Hefner Construction
on behalf of Jay Surati of Days Inn for property located at 2402 N. College Avenue. The
property is zoned C-2, Thoroughfare Commercial and contains approximately 4.12 acres.
The requirement is for a 65' front setback on College. The request is for a 28.75'front
setback(a 36.25' variance).
3. VAR 03-5.00: Variance(White River Hardwoods,pp 565)was submitted by Jim Key of Key
Architecture on behalf of White River Hardwoods for property located at 1197 S. Happy Hollow
Road. The property is zoned C-2,Thoroughfare Commercial and contains approximately 0.90
acres.The requirement is for a 50' front setback from the Master Street Plan right-of-way line and
a 15' landscaped area adjacent to the front property,line. The request is for a 38' front setback(a
12' variance)and no on-site landscaping(a 15' variance). The request is to install the landscaping
in the street right-of-way.
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments
and other pertinent data is open and available for inspection in the Office of City Planning(575-8264),
City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are
invited to review the petitions.
Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required.
For further information or to request an interpreter,please call Hugh Earnest at 575-8330.
FAYETTEVILLE
THE CITY OF FAYETrEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick,AlCP, Senior Planner
THRU: Tim Conklin, AlCP, City Planner
DATE: February 3, 2003
VAR 03-2.00: Variance (Red Spot,LLC,pp 599)was submitted by Engineering Consulting
Services on behalf of Red Spot,LLC for property located at 1348 Cato Springs Road. The
property is zoned I-1,Heavy Commercial/Light Industrial and contains approximately 3.07 acres.
The requirement is for a 10' side setback. The request is for a 0 side setback(a 10' variance) for
an addition to the existing structure.
RECONEWENDATION:
Staff recommends approval of the requested 101 side setback variance as shown on the
attached site plan with the following conditions:
1. Prior to the issuance of a building permit for the proposed renovation and building
expansion, the site shall be cleaned up to include the removal of scrap metal and
debris as described in the written project proposal.
2. Portable boiler and associated equipment used in the off-loading of wax from rail
cars will be moved into the renovated structure prior to the issuance of a certificate
of occupancy for that building.
3. This variance applies only to the addition proposed in this application and shown on
the associated site plan. Any other variances will require a new application and
public hearing before the Board of Adjustment.
Note: The granting of a variancefor the proposed structural expansion does not affect the
uses permitted by zoning on the subjectproperty.
Ordinance Requirement A licant's Request
Side Setback(I-I y 10, 0' (A 10' variance)
KAWORM003160A REPORTSI,27-3-031VAR03-2-RED SPOTDOC Board ofAdjustment
February 3, 2003
VAR03-2RedSpot
Page 1.1
Comments:
BACKGROUND:
Property Description: The project site is located on Cato Springs Road east of Razorback Road.
An active rail line separates the site from a nearby residential neighborhood on the west. Mid-
Continent Concrete is located to the east and warehousing for contract construction activities is
to the north. There is a mix of different uses to the south including commercial,residential and
City(water& sewer maintenance) facilities.
Proposal: The applicant proposes to renovate and reuse the site as a facility for off-loading and
storing paraffin wax. Many of the structures and pieces of equipment located on the site will be
removed. The main structure, a receiving room with attached processing facility is proposed to
be completely renovated. An addition of 360 s.f. is proposed in a location which will follow the
existing building edge to the south.
Request: The applicant is requesting a 10' variance of the required 10' side setback on the
western property boundary. The adjacent property is a rail spur which the applicant wishes to
access.
Related Information: This is the site formerly occupied by Bakery Feeds, Inc. which was the
subject of a nuisance law suit. As a result of the lawsuit,that business left Fayetteville. More
recently the site was used as a storage location for Roll-Off Services. This business is no longer
leasing the site and, according to the applicant's representative, is in the process of removing
their containers and other related materials.
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Warehousing I-1,He Commercial,Light Industrial
South Mixed uses 1-1,Heavy Commercial, Light Industrial
East Mid Continent Concrete I-1, Heavy Commercial,Light Industrial
West RR,Residential 1-1 /R-2,Med. Density Residential
GENERAL PLAN DESIGNATION Mixed Use
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
K-'V?EP0RYS12003W0-4 REPORTM-3-031VAR03-2-RED SPOTDOC Board ofAdjustment
February 3, 2003
VAR03-2 Red Spot
Page 1.2
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The location and nature of the existing structures is unique. The proximity
of the developed portion of this site to the adjacent rail road tracks is a
unique circumstance. The proposed use of this property requires that the
applicant have the ability to directly access the rail road tracks for the
purpose of off-loading materials to be warehoused on the site.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would prevent the applicant from
using the adjacent rail road tracks in a manner that allows efficient use of
the existing structure. The ability of the applicant to access the tracks from
within the structure will mitigate the impact of the activities on this site.
Noise and possible wax spills will be contained within the structure if it can
be renovated for use as an off-loading facility. The existing steam generated
boiler will be relocated and activities involving this equipment will be moved
into the structure if this variance is approved.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The applicant has purchased the site in its current condition. All structures
and equipment on the site was existing prior to the current owner's
purchase.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested variance will not confer special privileges on this
property. The zoning of this property restricts the permitted uses and will
not be affected by the proposed variance.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
K.,MPORTS120031BOA REPORYS12-3-031VAR03-2-RED SPOTDOC Board ofAdjustment
February 3, 2003
VAR03-2 Red Spot
Page 1.3
Finding: No nonconforming use of neighboring lands,structures, or buildings were
used in the review and findings of this variance request.
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,February 3, 2003.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
(1.) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: Granting of the variance will be in harmony with the general purpose and
intent of zoning, and with recommended conditions will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land,building, or structure.
Finding: The reasons set forth in the application justify the granting of the variance.
The variance is the minimum variance that will allow the proposed
renovation,expansion and reuse of the existing structure.
b. Conditions and Safeguards. In granting any variance,the Board of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
Finding: Staff has recommended conditions for the granting of this variance in order
to limit the variance only to the project under consideration at this time and
to ensure that the appearance of the project site is brought up to a reasonable
standard.
K-'UZEPORTSU003IB0,4 REPOMV-3-03WAR03-2-RED SPOTDOC Board ofAdjustment
Fehruary 3, 2003
VAR03-2RedSpot
Page 1.4
C. No Variance Atlowed. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under Zoning in the district
involved, or any use expressly or by implication prohibited by the terms of the
zoning regulations in said district.
Finding: N/A
K.-W-PORTS120031BOA RFPORM-3-031VAR03-2-REDSPOTDOC Board ofAdjustment
February 3, 2003
VAR03-2 Red Spot
Page 1.5
§161.17 DISTRICT 1-1 HEAVY
COMMERCIAL AND LIGHT INDUSTRIAL. 2. Uses Permissible on Appeal
A. Purpose. The Heavy Commercial to the Plana ng Commission.
District is designed primarily to accommodate Unit 2 City-Wide Uses by Conditional
certain commercial and light industrial uses which Use Permit —
are compatible with one another but are Unit 19 Commercial Recreation
inappropriate in other commercial or industrial
districts. The light industrial district is designed to Unit 20 Commercial Recreation-Large
group together a wide range of industrial uses, Sites
which do not produce objectionable environme
influences in their operation and appearance. te Center for Collecting Recyclable
regulations of this district are intended to provide a Materials
degree of compatibility between uses permitted in
this district and those in nearby residential districts.
B.Uses. C. Bulk and Area
Regulations/Setbacks. Setback lines shall meet
1. Permitted Uses. he following minimum requirements:
Unit I City-Wide Uses by Right From Street R-O-W(when 50 ft.
Unit 3 Public Protection and Utility adjoining A or R districts)
Facilities. From Street R-O-W(when 25 ft.
Unit 4 Cultural and Recreational adjoining C,I or P districts)
Facilities Side(when adjoining A or R 50 ft.
Unit.6 Agriculture districts)
1,09W MITAM Ift
Unit 12 Offices, Studios and Related 51.1
Services
Unit 13 Eating Places Rear(when adjoining C,I or P 10 ft.
I districts)
Unit 17 Trades and Services
D. Height Regulations. There shall be
Unit 18 Gas Service Stations and Drive-In no maximum height limits in I-I District,provided,
Restaurants however, that any building which exceeds the
height of 25 feet shall be set back from any
MOW-% boundary line of any residential district a distance
Unit 22 Manufacturing of one foot for each foot of height in excess of 25
feet.
Unit 25 Professional Offices
(Code 1991, §160.039; Code 1965, App. A, Art.
5(VIII);Ord.No. 1747,6-29-89;Ord.No.2351,6-
2-77;Ord.No.2430,3-21-78;Ord.No.2516,4-3-
Wholesale Bulk Petroleum 79)
Storage Facilities with
Underground Storage Tanks
KWEPOR7312003WOA REPORM-3-031VAR03-2-REDSPOTDOC Board ofAdjusiment
February 3, 2003
VAR03-2RedSpot
Page 1.6
U. Unit 21. Warehousing and
Wholesale.
1. Description. Unit 21 includes warehousing, wholesaling and trucking of the type which is
usually located to serve the central business district and is easily serviced by rail and highway
transportation.
2. Included Uses.
Warehouses
Wholesale
Establishments
Trucking Establishments
Building Material -Air Conditioning
Establishments: -Building Materials
-Electrical Supply
-Glass
-Heating Equipment
-Lumber
-Paint
-Plumbing Supplies
-Wallpaper
FuelandIce -Bottled Gas
Establishments: -Fuel Dealer
-Fuel Oil
-Ice House
Ministorage Units
Monument,Including
Processing
Vending Machines
Amusement Park
Service Establishments: --Disinfecting and
Building Services Exterminating
Services
-Janitorial Service
-Window Cleaning
Service
Board ofAdjustment
February 3, 2003
KAREPORM70031BOA REPORYW-3-031VAR03-2 RED SPOTDOC VAR03-2RedSpot
Page 1.7
Service Establishments: -Air Conditioning
Contract -Building
Construction Service Construction
-Carpentry
-Cesspool Cleaning
-Concrete
-Decorating
-Electrical
-Furnace Cleaning
-Heating
-Heavy Construction
-Masonry
-Oil Well Drilling
mPainting
-Paper Hanging
-Plasten'ng
-Plumbing
-Roofing
-Sheet Metal
-Stonework
Tile Setting
-Water Well Drilling
-Housing for
Caretakers
Board ofAdjustment
K.V?EPOR7WO03180,4 RUORTW-3-031VAR03-2-RED SPOTDOC February 3, 2003
VAR03-2 Red Spot
Page 1.8
9.14 Mixed Use Areas
The areas indicated as mixed use on the future land use map are areas where residential,commercial,office,agricultural,
and some industrial uses would be appropriate. Much of south Fayetteville is shown as a mixed use area because it is in
need of redevelopment and can accominodate future development.Designation of mixed use areas will allow developers
a great deal of flexibility in terms of uses,while City regulations will maintain standards for quality mixed development.
This part of the plan recognizes that development is market driven and therefore doesn't attempt to designate specific
future land uses within these areas.
Mixed Use Areas: Guiding Policies
9.14.a Allow mixing of uses and integration of design through the planning process.
Mixed Use Areas: Implementation Strategies
Strategies specific to each mixed use area will need to be developed to properly manage and encourage mlxm" g
of uses within these areas.
9.14.b Develop a planned unit development ordinance which allows mixing of uses and integration of design
through the planning process.
9.14.c Continue to implement the overlay district. The Bypass Design Overlay District regulations should
ensure that most of the areas along the 71 Bypass designated for mixed use develop into attractive
developments which increase the value of nearby property and encourage further development.
In thepast,strip development in the areas along heavily traveled(generally state)highways has been the
common pattern. If Fayetteville is to retain its identify as a uniqueplace,strip development should he
discouraged and office park,and shopping complex development should be encouraged.
9.14A Complete construction of the Razorback Road extension and the rail-trail to attract investment in the
area bounded by U. S. 71 Bypass,6th Street,and U. S.71 Business.
9.14.e Implement the Corridors and Gateways Plan as fimding becomes available to farther improve the
appearance of south Fayetteville.
9.141 Concurrently develop strategies with the University of Arkansas to encourage students to live in
the area,perhaps providing densities sufficient to support public transit. This corridor should also
be considered for pedestrian enhancement through future ISTEA,CDBG,and recreational grants.
Board ofAdjustment
K.-tREPORM003 IBOA PEPORYW-3-03 WAR03-2-RED SPOT.DOC February 3, 2003
VAR03-2 Red Spot
Page 1.9
0
V% AT
ENGINEERING CONSULTING SERVICESI INC.
I V
524 North College
Fayetteville, Arkansas 72701
(479)582-3274
January 2, 2003
Board of Adjustment Chairperson
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Mr. Chairperson:
The following is a complete written description of the request for variance as
requested by Item No. 3 in the application of variance form.
Written Description:
There are several structures located on the property as identified on the
enclosed survey. Those structures and the intended use for those
structures are identified in the table below.
Structure Current Use Proposed Existing Proposed
of Structure Modifications Square Square
to Structure Feet Feet
Garage Storage or None 3,205 3,205
Warehousing
Office/Metal Scale House None 840 840
Building
Overhead Storage Processing To Be 1,938 0
Bins Plant Storage Removed
Concrete Block Storage To Be 521 0
Walls Removed
Rail Unloading Dock To Be 709 0
Loading/Unloading Removed
Shed
Receiving Room Storage or None 5,000 5,000
Warehousing
Processing Plant Processing To Be 5,840 16,
and Dryer Shed Facilities Renovated
Board ofAdjustment
February 3, 2003
VAR 03-2 Red Spot
Page 1.io
As noted by the enclosed site plan and the table above, it is being
proposed to remove all portions of the existing processing facility. It is
also being proposed to renovate the existing processing plant structure
such that the building may be used for warehousing and storage of
materials.
The building setback requirement for this site is 10 feet from the property
line. The existing receiving room structure, the existing dryer shed and
the existing rail loading/unloading shed are all constructed within this
setback requirement. Under this project, a variance is being requested for
the existing receiving room and the renovation of the processing plant with
the other structures in question being removed.
For the site as a whole, the existing buildings and structures total
approximately 18,053 square feet. After removing the existing processing
structures and renovating the processing plant building as proposed, the
site will total approximately 15,245 square feet.
The existing concrete slab that surrounds the buildings offers room for
parking. However, parking spaces are not currently striped. The number
of off-street parking required is eight spaces and nine are being proposed
to be striped with this project.
Board ofAdjustment
February 3, 2003
VAR 03-2 Red Spot
Page 1.
ENGINEERING CONSULTING SERVICES, INC.
) if
524 Norffi College
Fayetteville, Arkansas 72701'
(479)582-3274
January 2, 2003
Board of Adjustment Chairperson
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Mr. Chairperson:
The following is a letter that will address the variance criteria as requested by
Item No. 7 in the application of variance form.
a. Given the fact that this property is surrounded in its entirety by the
existing railroad tracks, it is essential to have rail access. This is
demonstrated by the evident structures that are currently in place. The
structures not only encroach within the setback but even span across
the property line in order to make full use of the rail spur. It is
imperative to have offloading facilities adjacent to the spur such that
full use of the rail access may be realized by the owner of the property.
Therefore, special conditions and circumstances exist for this property
that a variance should be granted to allow the existing receiving room
and renovated processing facility to be within the building setback
requirement. In addition, granting this variance will allow the owner to
remove the existing processing facilities and renovate the existing
plant such that it will no longer resemble a processing plant but instead
will resemble a storage facility.
b. Literal interpretation of this ordinance will deprive the property owner of
the rights enjoyed by other properties with 1-1 zoning, rail access and
existing structures constructed within the building setback requirement.
c. The property was purchased on May 21, 2002. The purchase included
the existing buildings and structures that encroach within the setback
requirement. The request for variance is not a result of any action by
the purchaser of the property. Board ofAdjustment
February 3, 2003
VAR 03-2 Red Spot
Page 1.12
d. Granting this variance will not confer the applicant any special
privileges that are denied by other lands, structures or buildings within
the same district. Instead, granting this variance will allow the owner to
properly document and occupy the property as allowed by the 1-1
zoning ordinances.
Board ofAdjustment
February 3, 2003
VAR 03-2 Red Spot
Page 1.13
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Board ofAdjustment
Fehruary 3, 2003
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February 3, 2003
VAR03-2RedSpot
Page 1.18
FAYETTEVILLE
TBE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick,AICP, Senior Planner
THRU: Tim Conklin, AICP, City Planner
DATE: February 3, 2003
VAR 03-3.00: Variance(Days Inn,pp 290)was submitted by Neal Hefner Construction on
behalf of Jay Surati of Days Inn for property located at 2402 N. College Avenue. The property is
zoned C-2, Thoroughfare Commercial and contains approximately 4.12 acres. The requirement
is for a 65' front setback on College. The request is for a 28.75'front setback(a 36.25' variance).
RECOMMENDATION:
Staff recommends approval of the requested 36.25' setback variance as shown on the
attached site plan with the following conditions:
1. Color rendered elevations shall be submitted with a building permit application for
this project for a complete review of applicable Commercial Design Standards.
2. This variance shall only apply tothe proposed stairwell enclosure.
Ordinanc Requirement Applicant's Request
Front setback C-2 (Master 50' from MSP R/W (55' from 28.75' from exis - g on
Street Plan principal arterial centerline is require)—65' property line(a 36-25 variance
c1mr tj
street) from front property line from the MSP re"emen
Comments:
BACKGROUND:
Property Description: The subject property is located at the northeast comer of Township Road
and College Ave. The existing development is a Days hin motel which is built in an L-shape
surrounding the Suds car wash which fronts College Ave.
Proposal: The applicant proposes to improve the existing motel by making changes to the
fagade and enclosing an exterior stairwell at the northwest comer of the northernmost building.
K.-TEPORTSL7003tBOA REPORTS�2-3-031VAR03-3—DAYSINN.DOC Board ofAdjusiment
February 3,2003
VAR 03-3 Days Inn
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Request.- The existing structure at the north end of this site does not meet the minimum setback
requirement for the C-2 zoning district. In this case,that setback is further extended to
accommodate the additional 15' necessary for implementation of the City's adopted Master
Street Plan. The applicant is requesting a 36.25' variance in order to enclose the exterior
stairwell at the northwest comer of the property. All other proposed improvements with this
project will comply with current setback requirements.
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Commercial C-2, Thoroughfare Commercial
South Butcher Block restaurant C-2, Thoroughfare Commercial
East Residential R-3, High Density Residential & C-2
West Walgreen's - Commercial C-2, Thoroughfare Commercial
GENERAL PLAN DESIGNATION Community Commercial
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The existing structure predated current setback and Master Street Plan
requirements. The proposed improvements to the exterior of the motel are
able to be accomplished for the entire structure except one exterior stairwell
without needing variances of current city requirements. No heated living or
use space will be added with this variance,the effect is aesthetic only.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of the provisions of the zoning regulations would
permit the improvement of the entire project site with the exception of the
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stairwell in question.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions of the age of the existing structure and the City's
adopted Master Street Plan are not the result of actions of the applicant.
4. No Special Privileges. That granting the variance requested will not conferon
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the variance requested will not confer any special privilege that is
denied by zoning regulations.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No nonconforming use of neighboring lands,structures, or buildings were
used in the review and findings of this variance request.
156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,February 3,2003.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land,building, or structure.
Finding: The reasons* set forth in the application justify the granting of the variance.
The variance is the minimum variance that will make possible the proposed
exterior improvements.
(L) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
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purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: The granting of the variance will be in harmony with the general purpose
and intent of zoning, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: The reasons set forth in the application justify the granting of the variance.
The variance is the minimum variance that will make possible the proposed
exterior improvements.
b. Conditions and Safeguards. In granting any variance,the Board of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
Finding: Staff has recommended conditions on the granting of this variance that will
ensure compliance with Commercial Design Standards regulations and that
will limit the application of the requested variance specifically to the
proposal being considered at this time.
C. No Variance Allowed. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under Zoning in the district
involved, or any use expressly or by implication prohibited by the terms of the
zoning regulations in said district.
Finding: N/A
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§161.14 DISTRICT C-2 THOROUGH-FARE
COMMERCIAL. Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 3 Public Protection and Utility
Facilities
di
rm Unit 21 Warehousing and Wholesale
B.Uses. Unit 28 Center for Collecting Recyclable
1. Permitted Uses. Materials
unit I City-Wide Uses by Right Sexually Oriented Business
Unit 4 Cultural and Recreational Facilities C.Bulk and Area Regulations. Setback
lines shall meet the foll imum requirements:
Unit 12 Offices,Studios and Related Services
ftq�e Offl,
Unit 13 Eating Places
From Side Property Line None
LowqW%VMM- From Side Property Line 15 ft.
ti� When Contiguous to a
Unit 15 Neighborhood Shopping Goods Residential District
Unit 16 Shopping Goods From Back Property Line 20 ft.
Unit 17 Trades and Services D. Building Area. On any lot the area
occupied by all buildings shall not exceed 60%of the
Unit 18 Gasoline Service Stations and Drive- total area of such lot.
In Restaurants
Unit 19 Commercial Recreation E. Height Regulations.In District C-2 any
building which exceeds the height of 20 feet shall be
Unit 20 Commercial Recreation,Large Sites set back from any boundary line of any residential
district a distance of one foot for each foot of height
Outdoor Advertising in excess of 20 feet. No building shall exceed six
Adult Live Entertainment Club or Bar stories or 75 feet in height.
(Code 19511,§160.036;Code 1965,AWp.A,Art.
5(VI);Ord.No. 1747,6-29-89;Ord. o. 1833, 11-1-
2. Uses Permissible on Appeal to 7 1;Ord.No.2351,6-2-177; Ord.No.2603,2-19-80;
the Planning Commission. Ord.No.4034,§§3,4,4-15-97)
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ftom General Plan 2020
9.10 Community CommercialAreas
Community. Commercial: Guiding Polides
9.10.a Provide centers that are accessible and compatible with adjacent residential development.
9.10.b Limit uses within community commercial areas to those that primarily serve residents of
Fayetteville.
Community Commercial: Implementation Strategies
9.10.c Define appropriate areas and the size of areas for community commercial districts and set
standards for maximum floor areas and the type of uses allowed to discourage regional types of
commercial uses from locating within these areas.
General Plan 2020 establishes community commercial districts and limits the type and size of these
commercial areas. This land use strategy should help reduce the number of trips generated by residents
to the commercial develipmenisfor dafly needs as well aspromore community by having some smaller
scale commercial areas accessible to pedestrians.
9.10A Develop commercial design standards to ensure compatibility with surrounding residential
development.
Parking lot standards requiring screening and landscaping ofparking lots were adopted by the City
Council on February 21, 1995. Additional revisions to the zoning1development regulations will be
required to ensure that sufficient buffers and screening are integrated into the overall design of the
projectfor items such as utility equipment,outdoor storage,loading docks,and other similar items that
are adjacent to residential development and visible to thepublia
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ORDINANCENO. 4422
AN ORDINANCE ESTABLISHING SETBACK LINES ON SUCH
STREETS AND HIGHWAYS AS ARE DESIGNATED BY THE
MASTER STREET PLAN AND PROHIBITING THE
ESTABLISHMENT OF ANY NEW STRUCTURE OR OTHER
IMPROVEMENTS WrFHIN_THE SMACK LINES.
WHEREAS, master street planning is required to connect Fayetteville to other
population centers and to provide for circulation within the community; and
WHEREAS, new 6velopment must be provided with proper street access to alleviate
problems associated with congestion and safety by requiring streets in sufficient number and of
adequate size to accommodate peak traffic volumes, pedestrians and alternative modes of
twisportation; and
WHEREAS, the City of Fayetteville adopted a Master Street Plan in 1996 with
Resolution No. 97-96; and
WHEREAS, state statute §14-45418. Setback ordinance provides enabling legislation
that gives municipalities the power to,establish setback lines according to an adopted master street
plan;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIEL OF THE CITY OF
FAYtTTEVEUE,ARKANSAS:
Section 1. That§166.19 Master Sireet Plan Setbacks is hereby added to Chapter
166 Land Development as stated below:
§166.19 MASTER STREET PLAN SETBACKS. The City shall require the
apalicayuldeveloper to establish a right-of-way setback line based on the right-of-way
requirements for streets and highways designated by the Master Street Plan. Such
setback line shall be considered the properV line for such purpose of sad6ing the
requirements of the UDO. All building setbacks, required landscaping, parking lots,
display areas, storage areas and other improvements and uses shall be located outside of
such established setback area. The required width of setbacks, landscaped areas, buffers,
and all other setback and yard requirements shall be dimensionedfrom the established
right-of-way setback line. 7he establishment of any new structure or other improvements
within the right-of-way setback is prohibited.
PASSED and APPROVED this the I"day of October,2002.
APPROVED:
By:
ATTE.' D OODY,Mj4ay�or
By:
IWATAER WOODRUFT,Ci lerk
Board ofAdjustment
Februa)y 3,2003
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