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Home My WebLink About2013-06-03 - Agendas • Taeiile 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, JUNE 3, 2013 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the March 4, 2013 meeting. New Business: 2. BOA 13-4395: Board of Adjustment (2732 W. WILDWOOD DR./PINE VALLEY, 363): Submitted by BATES AND ASSOCIATES for properties located at 2732 WEST WILDWOOD DRIVE. The properties are zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains three lots totaling 0.49 acres. The applicant requests a variance of the build-to- zone to subdivide the parcel into three lots. Planner: Quin Thompson 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 eel 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. 2013 Board of Adjustment Members Kristen Knight (Chairman) Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on March 4, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: February 4, 2013 Approved Page 2 New Business: BOA 13-4319 (2600 N. GREGG/WHISTLE STOP PLAZA, 289): Page 3 Approved BOA 13-4321 (736 N. GARLAND/STEPHENSON, 444): Page 4 Approved Election of Chair Page 5 MEMBERS PRESENT MEMBERS ABSENT Bob Kohler Kristen Knight Jeff Hagers Tim Stein Matthew Hoffman Evan Niehues Kristen Knight STAFFPRESENT Andrew Garner Jesse Fulcher Jason Kelley Quin Thompson The meeting was called to order at 3:45 PM. Upon roll call all members were present. Board of Adjustment June 3,2013 Agenda Item 1 03-04-2013 minutes Page 1 of 6 Approval of the minutes from the February 4, 2013 Board of Adjustment meeting. Motion• Board Member Stein made a motion to approve the February 4, 2013 Meeting Minutes. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Board of Adjustment June 3,2013 Agenda Item 1 03-04-2013 minutes Page 2 of 6 BOA 13-4319 (2600 N. GREGG/WHISTLE STOP PLAZA, 289): Submitted by WHISTLE STOP PLAZA, LLC for property located at 2600 N. GREGG. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.19 acres. The applicant requests a variance of the rear building setback. Jesse Fulcher, Current Planner, gave the staff report. Board Member Kohler stated that the report does not clearly mention both buildings needing a variance. Fulcher stated that the site plan indicates two variances and that is the intent of the request. Jason Kelley, City Attorney, stated that the notification was for one property, so it is fine to include both variances. Mitch Anderson, applicant, stated that they want to keep business in same location, this will allow ownership to share improvements. Board Member Knight asked if there was a concern with access. Fulcher stated that the applicant has met with the Fire and Building Safety Departments already. No public comment. Motion: Board Member Kohler made a motion to approve BOA 13-4319 as requested by the applicant. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Board of Adjustment June 3,2013 Agenda Item 1 03-04-2013 minutes Page 3 of 6 BOA 13-4321 (736 N. GARLAND/STEPAENSON, 444): Submitted by JOHN WILLIAM KRUG, JR. for property located at 736 N. GARLAND. The property is zoned CS, COMMUNITY SERVICES and contains approximately 0.10 acres. The applicant requests a variance from the front setback requirement. Jesse Fulcher, Current Planner, read the staff report. Board Member Kohler asked what the existing square footage was. Brittany Stephenson stated 750 square feet. Board Member Kohler reminded everyone that the measurements are to the drip line. Board Member Stein asked about the Urban Forester's comments. Fulcher explained her recommendation based on the various site design options. Board Member Niehues stated he understood the challenges with this type of development. Motion: Board Member Knight made a motion to approve BOA 13-4321 as requested by applicant. Board Member Stein seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. Board of Adjustment June 3,2013 Agenda Item 1 03-04-2013 minutes Page 4 of 6 Election of Board of Adjustment Chairman for 2013. Board Member Kohler, nominated Board Member Knight to serve as chair. Board Member Hagers seconded the motion. Motion: Board Member Kohler made a motion elect Kristen Knight as chair. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 4:I5 PM. Board of Adjustment June 3,2013 Agenda Item 1 03-04-2013 minutes Page 5 of 6 Board of Adjustment June 3,2013 Agenda Item 1 03-04-2013 minutes Page 6 of 6 s aye evl e BOA Meeting of June 03, 2013 ARKtNti1.S THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: May 23, 2013 BOA 13-4395: Board of Adjustment (2732 W. WILDWOOD DR./PINE VALLEY, 363): Submitted by BATES AND ASSOCIATES for properties located at 2732 WEST WILDWOOD DRIVE. The properties are zoned RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contain three lots totaling 1.9 acres. The applicant requests a variance of the build-to-zone to construct two-family homes. Planner: Quin Thompson BACKGROUND: Background: The property was originally platted as Lot 6 in the Pine Valley Sub-division. Multiple attempts to develop the property have been abandoned in recent years by different developers, including a multi-family residential project, a replat, a lot split, and a pair of variance requests, since 2000. The current variance request is associated with a property line adjustment and a Lot Split [PLA LSP 13-4388]. Property Description: The subject property is located at 2732 W. Witdwood Drive, is currently zoned RMF-24, Residential Multi-family, and contains approximately 1.9 acres. A substantial amount of the rear of the subject property lies within designated floodplain. The entire build-to-zone (front) of all three lots is encompassed with a 27-foot utility easement adjacent to the street and a substantial portion of two of the lots is protected by an existing tree preservation easement. Surrounding Land Use is depicted below in Table 1. G:I ETCIDevelopnvew Services Reviewl20l3lDei,eloprnenl Review113-4395 BOA 1732 W Wildwood Dr, (Pine Vatley)101 BOA 106-03- 20131Coevneate m,d Rediines Board of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 1 of 12 Table 1 Surroundin Land Use/Zoning Direction from Land Use Zoning Site North Undeveloped RSF-4, Single-Family Residential, 4 Units per Acre South Residential RMF-24, Multi-Family Residential East Industrial I-1, Heavy Commercial-Light Industrial West Residential RMF-24,Multi-Family Residential Proposal: As shown in Table 2, the request is a variance to allow construction of three two-family homes outside of the 0-25 foot build-to-zone. This results in 0% minimum buildable street frontage when 50% is required. Table 2 Variance Request Variance Issue Ordinance Requirement Applicant's Request BTZ/MBSF*,Tract A 0'-25' BTZ; 50%MBSF Outside BTZ 0%MBSF BTZ/MBSF* ,Tract B 0'-25' BTZ; 50%MBSF Outside BTZ, 0%MBSF BTZ/MBSF* , Tract C 0'-25' BTZ; 50%MBSF Outside BTZ, 0% MBSF *Build-to-Zone (BTZ), Minimum Buildable Street Frontage (MBSF) Public Comment: Staff has not received public comment on the variance request. RECOMMENDATION: Staff recommends approval of the variance request for Tracts A, B, &C to allow for the proposed building setback variance as indicated on the submitted site plan, subject to the following conditions of approval: Conditions of Approval: 1. The project must meet all requirements of the Unified Development Code, including Urban Residential Design Standards and tree preservation, as well as all applicable building and fire codes. 2. The project must be submitted for Site Improvement Plan through the Technical Plat Review Committee prior to submittal of building permit. 3. The variances shall only apply to the redevelopment of the site as currently proposed by the applicant and indicated on the site plan, specifically,the development of one two-family residence on each lot and served by a shared drive. G:\ETC\Development Services Review\2013\Development Review\13-4395 BOA 2732 W Wildwood Dr. (Pine Valley)\01 BOA\06-03-2013\Comments and Redlines Board of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 2 of 12 BOARD OF ADJUSTMENT ACTION: ❑Approved ❑Denied Date: June 03,2013 Motion: Second: Vote: Note: FUTURE LAND USE PLAN DESIGNATION: Residential 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: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Staff finds that special conditions and circumstances unique to these properties do cause undue hardship and justify the requested variances in each case: Tract `A': Development on this parcel cannot meet BTZ requirements due in part to a large and existing tree preservation easement as well as the unusual shape of the lot, which meets all city area and frontage requirements, but does not allow for construction in the Build-to-Zone. Tract `B': Development on this parcel cannot meet BTZ requirements due in part to a large and existing tree preservation easement as well as the unusual shape of the lot, which meets all city area and frontage requirements, but does not allow for construction in the Build-to-Zone. Tract `C': Development on this parcel cannot meet BTZ requirements due to existing easement restrictions. There is an existing Access and Utility Easement on this site that was intended to provide access to the adjacent parcel. There is also and existing 25' Utility Easement across the entire frontage of this parcel. G:\ETC\Development Services Review\2013\Development Review\13-4395 BOA 2732 W Wildwood Dr. (Pine Vatley)\01 BOA\06-03-2013\Comments and Redlines Board of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 3 of 12 (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: The intent of the build-to-zone is to create a `moderately uniform line of buildings along the street.' While this request cannot be said to create such a line with respect to neighboring properties, Staff feels that the nature of these particular parcels does not allow for uniformity given the corner location and existing easements. The proposed development does create its own internal uniformity and is separated from the street by a healthy stand of mature trees, therefore the request can be said to be in keeping with the spirit of the zoning ordinance. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land,building or structure. Finding: Staff finds that the request for each lot is the minimum that would be required to provide driveway access to proposed development, while avoiding existing tree preservation and utility easements, while using existing access easements. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended conditions of approval, as listed on page two of this report. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: The RMF-24 zoning district allows two-family residential use (UU-09) by right. G:\ETC\Development Services Review\2013\Development Review\13-4395 BOA 2732 W Wildwood Dr. (Pine Valley)\01 BOA\06-03-2013\Comments and Redlines Board of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 4 of 12 161.14 District RMF-24,Residential Multi-Family—Twenty-Four Units Per Acre (A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Sin le mily dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family,dwellings Unit 44 Cottage HousinDevelopment (2) Conditional uses. Unit 2 Ci"! uses by conditional use ermil Unit 3 Public rotection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units 2er acre 24 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a Manufactured 50 ft. home park Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home 4,200 sq.ft. ark Townhouses: Development 10,000 sq.ft. Individual lot 2.500 sq,ft. Single-family 6,000 sq.ft. Two4amily 7,000 sq.ft. Three or more 9,000 sq.ft. Fraternit or Sorority 2 acres Professional offices 1 acres G:\ETC\Development Services Review\2013\Development Review\13-4395 BOA 2732 W Wildwood Dr. (Pine Valley)\01 BOA\06-03-2013\Comments and Redlines Board of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 5 of 12 (3) Lorre!ra-en per riweiiing nail. Manufactured home L3.000 so ft. Apanments: No bedroom 1,700 sq.fl. One bedroom 1,700 sq, fl. Two bedroom 2,000 sq.ft. Fraternil ar Sororit 1,000 s .fl- er resident (E) SefGaokreWuh•euncnls. Front Side Rear The principal all. 25 ft. fa4ade of a building shall be built within a build-to zone that is located between 10 feel and a line 25 feet from the front property line. Cross reference(s)--Variance,Ch.156. (F) Buildiugheiglntregulalioas. FF�Bulldlng Hei ht Maximum bop. Height regulations. Any building which exceeds the Iseight of 20 reel shall be set back from any side boundary line of an adjacent single lamily district, an additional distance of one foot for each fnot of hei& its excess of 20 feet. (G) Building area.None. (H) Minintmu buildable sireeiJroulage. 50%of the lot width. (Cxle 1965,App.A.,An.5(111);Ord.No,2320,4.6-77;Ord.No.2700,2-^_-3I;Code 1)91,§160.033;Ord,No.4100.§2(Ex.A),6-16- 98;Ord No.4176, 8.31-99;Ord.5028,6.19.07;W.5079, 11-20-07;Ord.5224,3-3-09;Ord. 5262,8-4-09; Ord. 5312,4-20.10;Onl. 5462, 12.411:Ord.5495.4-17-12) G:\ET0Devc1opment Services Rev iew\26131Dcvelopment Revicw113-4395 BOA 2732 W Wildwood Dr. (Pine Valley)10l BOA\06-03-2013\Comments and Redlines Board of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 6 of 12 LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE,AR 72703 City of Fayetteville Board of Adjustment 125 West Mountain Street Fayetteville,Arkansas 72701 May 30, 2013 Dear Chair of the Board of Adjustment, Please accept this letter as a request for a variance to allow the construction of improvements outside of the build- to-zone on Tracts A(0.79 acres), B (0.51 acres)and C(0.64 acres) in the Pine Valley Addition Phase V. These lots are each encumbered by multiple environmental factors that prohibit our ability to construct improvements in the build-to-zone and thus represent a legitimate case for granting a variance. The factors affecting each lot are outlined as follows. Tract A The entire frontage of tract A is encumbered by a pre-existing Tree Preservation Easement. We have met with Megan Dale on site and confirmed that all of the trees in this area are healthy, and it is in everyone's best interest to ensure that they are preserved. Doing so eliminates our ability to build in the build-to-zone, as well as, even provide a drive through this area. This is the reason there was a previously filed shared access easement on file. We have gone as far as creating a lot line that skirts around these trees and allows for the installation of the sewer line outside of the tree preservation area. The large lot allows for adequate area to construct the improvement behind the tree preservation area without any impact whatsoever. However, doing so obviously requires a variance. We feel the trees represent a hardship and valid reason for a variance. However, the presence of a utility easement of 27 feet across the entire frontage also forces construction outside of the build-to-zone. Tract B The implications of the large tree preservation area also impact tract B as it covers approximately '/2 of this lot as well. The remaining area is too narrow to allow for the construction of any sort of improvement within the build to zone or even a driveway without impacting the trees. Also, the previously mentioned utility easement of approximately 27 feet wide further hinders our ability to construct the improvement in the build-to-zone as it alone would push construction at a minimum 2 feet outside of the build-to-zone. Another environmental encumbrance that really impacts this lot is the topography. A significant elevation drop exists across the build-to-zone and street frontage on these lots. The elevation at the curb is 1247' but quickly drops down to 1234' and equates to about a 13' drop across most of the street frontage. This makes construction in the build- to-zone very difficult. If construction were to take place roughly half way down the slope, it would create a very awkward condition. Tract C Tract C is encumbered by the same topography challenges previously mentioned, but also a previously filed access easement. A slight cut exists in the topography in front of this lot and it appears there was construction traffic at the time of construction of the subdivision. This is the most logical location of a shared drive to provide access to all three improvements and thus the reason for the previously filed access and utility easement. We propose using this easement to the improvements and feel it is definitely the lowest impact and more logical way to provide access. However, doing so eliminates our ability to construct improvements in the build-to-zone. We feel this condition, coupled with the topography; constitute a valid reason for a variance. The utility easement that pushes construction outside the build-to-zone also exists across all frontage. LEGA Y`IEM UM Board of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 7 of 12 LEGACY VENTURES,LLC P.O. BOX 8216 FAYETEVILLE,AR 72703 All of the above factors encourage development to take place in the center of the lots rather than at the street. This area is behind the tree preservation area and drop off, but before the flood plain area and stream side preservation area in the rear. So despite being large lots, we are fairly restricted as to where we can actually build on this property. We feel these factors represent a strong case for a variance allowing us to construct improvements outside of the build-to-zone. In addition to the above environmental challenges, the subject property also lays out on a curve and thus creates a design challenge in orienting all improvements in the build-to-zone and in close proximity to the street. This further complicates and restricts our ability to construct improvements within the build-to-zone. All other urban residential design standards, city ordinances, and neighborhood covenants will be followed. Granting us this variance would allow us to construct improvements on the subject property in a development pattern consistent with adjoining lots in this subdivision. We feel that granting us this variance will allow for the best possible product to be constructed which would be a welcome addition to this wonderful City we all call home. I hope that you will give this request careful consideration and ultimately grant these three variances. Thank you for your time. Sincerely, Tim Brisiel LEGACYVENT= Board of Adjustment June 3,2013 Agenda Item 2 BOM 3-4395 Pine Valley Page 8 of 12 SITE PLAN —V 111 I 't 11911 -'J�IStt —, I I I I I I x 16o =I I I I roy n rzzsas-wl 1 0.19 MREs 0 IF.FEES a `. BFE=123t'- CC MIN FFE,12331 - 31E=1230' MIN FFE.1232' DEE=12}0 S' - ;' - teE L b MIN, FFE=12115' 1 rr 5 jI iCI z r I PROPO3PD \ .1FILE PROPOSED I q.q I 1]Y I PVI'LIA I,0 PROPOSED I 1 St. Y LEX FEE IIO : l IS,.¢ 1 llr, l I r� I,' 111 I yr •z 0vl� � /\ t , _ I I rF ` 'A I'll i 1, WILDWOOD ROAD •r 3"V" — � �,^ ��tt 11 ASPfiALT-Sp R/W -- - �_E,. '�Wi "A, 1—A�9n._. s r'rr-- tU. trr [�� FEE HOUSE LAYOUT4�/� o' 40' 80' 120' NO FOR CONSTRUCTIONFEEs EII IRE BRIEF T1 E�CPATI TIES snaxr (l3iVpIC sr It I m H j,I I THA R NOT I xo=�M(NoEo,ox,xµsax r,ate . eeo': a:c�oa"�;"ETRINS T1 s i�E :, y[WnED - - AEEEIT, x EEFItTI1 THAT TIE xUi.m.G oo.NOT E.w ��.x x"µso�oe`Oc�rucxs 1 1 t�'U Fs e LEGACY VENTURES BatI �� 14SSOCIBt@S11r1C. .1111rzlc nrtxxas CMlnpMwMp�m samthp unewP�MmMw II n1[ i0' ,..o. 61f m ETNA,L :.00 xc rnr�m �nard of Adjustment June 3,2013 Agenda Item 2 BOA13-4395 Pine Valley Page 9 of 12 f .Lir-'1 .a•n r�ra It ' -�• �a_ _ o y?< y r e.• � '. �*' �'. � I�V� •144` �a'► �. i I `� r` ,. 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RSFd SAUTER LN i i i SUBJECT PROPERTY 7 I-1 ■ r u'r CL- iii li i I JJ Ti ,l�i��■ �! _i ii I ii -moi I � I � •��i�' }r � ''i1t.� /� WILDWOOD DR - -_ -- i � `,DOW DR POI WEST ST i• Y .40 Le MA-Use T '; 1, •H. g) ' FAU14".Tralls - FayetteAle CItS! rri - OA13-4395 - Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di strict Design Overlay Di strict 0 125 250 500 750 1,000 ------ Planning Area Feet Board of Adjustment June 3,2013 Agenda item BOA13-4395 Pine Valley Page 11 of 12 Board of Adjustment June 3,2013 Agenda Item 2 BOM 3-4395 Pine Valley Page 12 of 12