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Home My WebLink About2012-03-05 - Agendas • Tae;ile ARKANSAS 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 MONDAY, MARCH 5, 2012 at 3:45 p.m. Room 111, City Administration Building Presentation: Service Award to board member Sheree Alt. The following items will be considered: 1. Approval of the minutes from the February 6, 2012 meeting. New Business: 2. BOA 12-4050 (1001 W. Rochier St./University Student Living, 561): Submitted by CRAFTON TULL&ASSOCIATES, INC. for property located at 1001 WEST ROCHIER STREET. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 19.39 acres. The request is for a variance of the minimum buildable street frontage. Planner: Jesse Fulcher 3. Election of Board of Adjustment Chair for 2012. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. • Taye evl e ARKANSAS ORDER OF BOARD OF ADJUSTMENT MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of Request—Applicant D. Public Comment E. Response to Comment/Discussion and Questions by the Board F. Action of the Board (Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Board of Adjustment on an agenda item raise your hand when the Chairman asks for public comment. He will do this after the staff and applicant presentations. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, stand and give your name and address. Address your comments to the Chairman, who is the presiding officer. After all public comments have been heard, the Chairman will direct your comments to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Board of Adjustment. 2012 Board of Adjustment Members Sheree Alt (Chairman) Robert Kohler Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman Page ] of 3 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on February 6, 2012 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: October 3, 2011 Approved Page 2 New Business: BOA 12-4027 (505 N. Shady Ave./Shady, 445) Page 3 Approved MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Robert Kohler Kristen Knight Evan Niehues Jeff Hagers Matthew Hoffman Tim Stein STAFF PRESENT Andrew Garner Jesse Fulcher Jason Kelley Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM. March 5,2012 Board of Adjustment 02-06-2012 Minutes Agenda Item 1 Page 1 of 4 Page 2 of 3 Approval of the minutes from the October 3,2011 Board of Adjustment meeting. Motion• Board Member Knight made a motion to approve the October 3, 2011 Meeting Minutes. Board Member Stein seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. March 5,2012 Board of Adjustment 02-06-2012 Minutes Agenda Item 1 Page 2 of 4 Board of Adjustment Meeting February 6, 2012 Page 3 of 3 BOA 12-4027 (505 N. Shady Ave./Shady, 445): Submitted by APPIAN DESIGN GROUP for property located at 505 NORTH SHADY AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY,40 UNITS PER ACRE and contains approximately 0.24 acre. The request is for a variance from the lot area and setback requirements to allow the property to be split into two tracts. Jesse Fulcher, Current Planner, gave the staff report. John David, applicant, stated that they existing house was in extremely poor condition and that they wanted to build two single family homes and not multi-family units. Board Member Knight, asked about the surrounding land uses. Fulcher stated that there was multi-family to the north and west and single-family units to the east. Board Member Knight asked if the variances were for buildings A and B only. Board Member Stein asked if the house was vacant. David stated that it was. Thad Hanna, neighbor, stated that he was in support of the two single family homes proposed, and that another neighbor had told him that he was also in support of the desire to build single family homes on the property. Motion: Board Member Knight made a motion to approve the request as recommended by staff. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. There being no further business, the meeting was adjourned at 3:55 PM. March 5,2012 Board of Adjustment 02-06-2012 Minutes Agenda Item 1 Page 3 of 4 March 5,2012 Board of Adjustment 02-06-2012 Minutes Agenda Item 1 Page 4 of 4 a e evl le BOA Meeting of March 5, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: February 29, 2012 BOA 12-4050 (1001 W. Rochier St./University Student Living, 561): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 1001 WEST ROCHIER STREET. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 19.39 acres. The request is for a variance of the minimum buildable street frontage. Planner: Jesse Fulcher BACKGROUND: The subject property contains approximately 19.39 acres and is located south of Martin Luther King Boulevard and south of the intersection of Paris Avenue and Rochier Street within the Rochier Heights Subdivision. Rochier Heights Subdivision was platted in 1926 and included several dedicated streets and alleys; however, only a few of the streets were ever constructed. These include Indian Trail, Paris Avenue, Rose Avenue and Rochier Street. Access to the site is currently from Rochier Street, which dead-ends on the north side of the property. The remainder of the subdivision is currently undeveloped and is within the Hillside/Hilltop Overlay District. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Residential RMF-24 South Pinnacle Foods 1-1 East Undeveloped/Aspen Ridge PZD PZD West Premium Brands 1-1 Proposal: The applicant proposes to construct a multi-family development containing ISO dwelling units and 701 parking stalls. G.IETCIDevetopment Services Review 120121Devetopment Revieu,112-4050 BOA 1001 W. Rochier(Pork G) Ma h 5,201 e Living)10I BOA 103-05-20121Comments and Redlinesl12-4050 PLNG Comments.doc �1' o, BOA124050 University Student Living Agenda Item 2 Page 1 of 10 Table 2: Variance Request Variance Issue F Requirement Applicant's Request Minimum building street 50% of 2,006 feet(1,003 feet) 32% or 644 feet frontage Public Comment: Staff has not received public comment concerning the variance. RECOMMENDATION: Staff recommends approval of the requested variance with the following condition(s): 1. Development of the site shall be generally as proposed on the attached site plan. Final development approval shall be obtained from the Planning Commission. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: March 5,2012 Motion: Second: ` Vote: FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area FINDINGS: City of Fayetteville Unified Development Code Section 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: Special conditions exist that are peculiar to this property. As indicated on the site plan there is an existing 100' easement and transmission line running directly through the middle of the property. This easement reduces the buildable area along Rochier and prohibits development along the proposed extension of Paris Avenue through the site. Additionally, the site is compromised by difficult topography, especially along Rochier where the existing grade is approximately 25% adjacent to the street G:18TCIDevelopment Services Renew1201 PDevelopment Reviewll2-4027 BOA(303 Shady)101 Board ofAi March�6p 12 20121Comments and Redlines Adjustment BOAl2-4050 University Student Living Agenda Item 2 Page 2 of 10 intersection. 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 require significant grading and land disturbance in steep and heavily canopied areas of the site. It is unlikely that development would be possible due to tree preservation and grading restrictions. The current proposal meets the full intent of the build-to zone regulations and results in approximately 30% tree preservation,the minimum required for the property. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions are not a result of the applicant. Both the overhead utility lines and challenging topography are existing conditions. 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 any special privileges on the applicant. The proposal places buildings along the street with parking in the rear, meeting the intent of Urban Residential Design Standards. However, due to the location of the easement and significant slopes the buildings must be located outside of the 25' build-to zone. 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: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 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. G:IEMDevelopment Services Review11011)Development RevieuvV2-4027 BOA(505Shady)101 Board of Ad �t Adjustment h', 2612 10121Comments and Redlines BOA124050 University Student Living Agenda Item 2 Page 3 of 10 Finding: A public hearing is scheduled for Monday, March 5,2012. 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: Reasons are provided throughout this report that discuss justification for granting the variance. The variance is the minimum needed to make reasonable use of the property. b. 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: The granting of the variance will be in harmony with the general purpose and intent of zoning. The buildings will front the public streets and parking will be located behind the buildings. This layout, though not technically in compliance with the build-to zone regulations, meets the full intent of Urban Residential Design Standards. In fact, extending the build-to zone beyond 25' to the front of each building would result in a minimum buildable street frontage in excess of 50%. e. 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 in favor of the variance with conditions. d. 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: Multi-family dwellings are a use by right in this zoning district. G:ETCIDevelopmenl Services Reoiew120110evelopment Reviewll2-4027 BOA(505 Shady)101 BoardofAdMaroh5�}2012 20121Co mnenls and Redlines "BOAl2-4050 Univ nt BOAl2-4050 University Student Living Agenda Item 2 Page 4 of 10 Fayetteville Unified Development Code 161.15 District RMF-40,Residential Multi-Family—Forty Units Per Acre (A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density multi-family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unita Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Units Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 40 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lotareaminimum. Manufactured home park 3 acres Lot within a manufactured 4,200 sq.ft. home park Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. Two-family 6,500 sq.ft. Three or more8,000 sq.ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. G.:IETCIDevelopment Services Reniew1201 I Oevelopmeni Reviewl124027 BOA(505 Shady)101 Board of Ad(Mar &2912 20121Comments and Redlines djustment BOA124050 University Student Living Agenda Item 2 Page 5 of 10 Manufactured home park 3,000 sq.ft. Townhouses&Apartments No bedroom 1,000 sq.ft One bedroom 1,000 sq.ft. Two or more bedrooms 1,200 sq.ft. Fraternity or Sorority 500 sq.ft.per resident (E) Setback requirements. Front Side Rear The principal 8 ft. 20 ft. fagade of a building shall be built within a build-to zone that is located between 10 feet and a line 25 feet from the front property line. Cross reference(s)--Variance,Ch. 156. (F) Building height regulations. Building Height Maximum 1 60 ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area.None. (H) Minimum buildable street frontage. 50%of the lot width. (Code 1965,App.A.,Art.5(IV);Ord,No.2320,4-5-77;Ord.No.2700,2-2-8 1;Ord.No. 1747,6-29-70;Code 1991,§160.034;Ord.No. 4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.5028,6-19-07;Ord.5224,3-3-09;Ord.5262,8-4-09;Ord.5312,4-20-10;Ord. 5462, 12-6-11) �ylarch 5,2012 20ETClopmed Services Revdew120/[IDevelopment ReviewlP_-4027 BOA(505 SGady)101 Board ofA X696 }2ANfjustment (Il2lCaninenments and Redlines BOAl2-4050 University Student Living Agenda Item 2 ' Page 6 of 10 BOAl2-4050 UNIVERSITY STUDENT LIVING Close Up View n1 V „c .. • SUBJECT PROPERTY INCIAN YRL � �h m N ' IT, - '& -✓-��• ft�r� , $.o 7 y° zr tRPZG - '9C� =� o� �s 11 � 1 • was Itt�� - � '�-. IR cr �. CHERRYw000 oR( T 9 egend '.2 Multi-Use Traif (Existing) PRIVATE 1315 �f PRlVq�1331 II ••••••• Future Trails p„e,,,;et,,City of Fayetteville BOAl2-4050 _ Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 150 30o 500 soo 1.zo0 Mair h 5,2012 ------ Planning Area el Bod ofAdjustmentFeBO12-4050 University Student Living Page 7 of 10 BOAl2-4050 UNIVERSITY STUDENT LIVING One Mile View ELI•RD � � '�=, - I d RBF-1 _.7 PI , LP20 t' _ I L MARK D ALLEY223 Ij. 'DICIf,9D '' laf xaF'.�RpgFT�bR�' r � gBFd . "R- F* F 4FSfRfiP�' 'F41 O ' IyD DR.''` — ! SUBJECT PROPERTY R 0.1 ° ` aue bl PZD -1 ..un..ui..i .I 6FJCB DR ao ,r . .�:. Raza .°)(: ' •7 PRO 24 RMS a aazo N YR R� cs k9F.° 11 car �. Ivs 1�%�1.n OJP- + . I.1 1 1230 U PUBLIC ' 1 a ;• { 'p1 VATF 138$' �4Z• RMF3 AN v -475 r z gy" a,1 RMF • MSC r '. • .RA - - 0._I•sS. T�_ .�•� ..°y F4 i.{: • ' I, . 7 1 "s i��. :v P�1 ; W9sl W4 SLlQ ° PEMGRE T , I - RNT+@a [ R£F.1 ST ° LS CS - L-1 y� S RBF yyl.l_:" flWfiF4 Ns. ' ' asL DISCOVC1 cs I-t WAF .M1fPjYi p�q�RW14 r R1 Iwv� . ---rte �,,••• � � ' R8F ` Trail ''RyI � '• rvl 'rREar sr� r,. 1 W.� Overview Legend BOA 12-4050 Subject Property BOA72-4050 Desi jn Overlay District Boundary , _ _; Plan iing Area Y� Fayf tteville �-1 25 arch 5,2012 Adjustment -4050 University Student Livin Benda Item Page 8 of 10 A7s.636.4e3a 1 476.631.62241 www.cralionlull.com Crafton full architecture I engineering I surveying cunwar Lillie Both February 13, 2012 Oklahoma cup ANO" MmeeriNe tutu Mr.Jesse Fulcher Planner City of Fayetteville Development Services 113 W.Mountain Street Fayetteville,AR 72701 RE: Park Green Collegiate Village Dear Jesse: On behalf of University Student Living,we are submitting for your consideration a variance request for Park Green Collegiate Village. We are requesting reprieve from the requirement within the Design Standards to front buildings along a minimum of 50%of our public street frontage. An electric transmission line crosses this site at an angle with a 100' easement that restricts the placement of buildings. Building placement is further compounded by the topography of the site and our desire to adhere to the Best Management Practices of the Hillside Overlay District. With these challenges in mind, we sought to meet the intent of the Design Standards by minimizing placement of parking between a building and street frontage even when we cannot build within the build-to zone. In so doing,we have been able to place buildings in 32%of our build-to zone and have an additional 21% of the street frontage that is free of parking between the right of way and building, much of this distance where the building is placed adjacent to the transmission easement as close to the roadway as physically possible. We have also utilized this space between the building and public street for grassed swales and bioretention basins in an effort to reduce the stormwater impacts of the projects. We greatly appreciated your input in the early development of this site plan and look forward to your continued input throughout this and the LSD application. If you have any questions or need additional information, please feel free to call or email me at 479-878-2475 or steven.beam@craftontull.com. Sincerely, Crafton Tull Steven Beam, P.E., LEED AP Vice-president March 5,2012 Board of Adjustment BOAl2-4050 Universit Stu en Livinglil I Page 9 of 10 S tiF y 37 L iRFF.Fi>F.F F F F F ..3. Z ;A I_ Y \ E •yin li� y e March 5,2012 Board of Adjustment BOA124050 University Student Living Agenda Item 2 Page 10 of 10