HomeMy WebLinkAbout2013-05-13 - Agendas - Final Planning Commission Planning Commissioners
Officers Blake Pennington
William Chesser
Craig Honchell, Chair Ron Autry
aTyve ev1ile
Ryan Noble
Kyle Cook,Vice-Chair Porter Winston
Tracy Hoskins
Sarah Bunch, Secretary ARKANSAS
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
May 13, 2013
A meeting of the Fayetteville Planning Commission will be held on May 13, 2013 at 5:30 PM in Room 219 of the City
Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas.
Call to Order
Roll Call
Consent.
1. Approval of the minutes from the April 22,2013 meeting.
2. ADM 13-4377: Administrative Item (11 N. COLLEGE AVE./FIRST SECURITY BANK, 484): Submitted by
SCM ARCHITECTS for property located at 11 NORTH COLLEGE AVENUE. The property is zoned DC,
DOWNTOWN CORE and contains approximately 0.55 acres. The request is for a variance of the Downtown Design
Overlay District. Planner: Jesse Fulcher
Old Business:
3. ADM 13-4330: Administrative Item (SW CORNER 15 To STREET AND RAZORBACK ROAD, 599):
Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH STREET AND RAZORBACK
ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a
variance of the Streamside Protection Zones, Parking Lot Landscaping, and Parking in the Build-to zone.
Floodplain Administrator: Sarah Wrede Planner: Andrew Garner Urban Forester: Megan Dale
New Business:
4. ADM 13-4364: Administrative Item (423 W. HAWTHORN ST./SYLVESTER, 445): Submitted by DAVID
STITT for property located at 423 WEST HAWTHORN STREET. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.27 acres. The owner proposes to add an
accessory dwelling unit to the existing single family dwelling. The request is a variance to allow the accessory
dwelling unit to be 1,171 square feet when the maximum allowed by right is 600 square feet.
Planner: Andrew Garner
5. ADM 13-4370: Administrative Item (AMENDMENT TO NORTH STREET RECYCLING CENTER, 444):
THE CITY OF FAYETTEVILLE is requesting approval to amend the approved conditional use permit (CUP 12-
4241) for the recycling drop-off facility, to include a small office and restroom for the on-site employee.
Planner: Jesse Fulcher
6. CUP 13-4365: Conditional Use Permit(1720 E.ZION RD./TRICON, 136): Submitted by TCM
ENTERPRISES for property located at 1720 EAST ZION ROAD. The property is zoned R-A, RESIDENTIAL-
AGRICULTURAL and contains approximately 3.15 acres. The request is for a conditional use permit for a wireless
communications facility (Use Unit 36). Planner: Jesse Fulcher
THE APPLICANT HAS REQUESTED TO TABLE THE ITEM UNTIL THE MAY 28, 2013 MEETING.
7. RZN 13-4363: Rezone (2269 N. HENBEST RD./NELMS, 325): Submitted by JORGENSEN AND
ASSOCIATES for property located at 2269 NORTH HENBEST ROAD. The properties are zoned R-A,
RESIDENTIAL-AGRICULTURAL, RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, and C-2,
THOROUGHFARE COMMERCIAL and contain approximately 5.77 acres. The request is to rezone these properties
to CS, COMMUNITY SERVICES and C-2, THOROUGHFARE COMMERCIAL. Planner: Jesse Fulcher
8. RZN 13-4369: Rezone (4253 N. CROSSOVER RD./VISTA HEALTH, 138): Submitted by COOVER
CONSULTANTS for property located at 4253 NORTH CROSSOVER ROAD. The property is zoned R-O,
RESIDENTIAL OFFICE and C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.94 acres. The
request is to rezone the property to P-1, Institutional. Planner: Quin Thompson
9. RZN 13-4360: Rezone (693 W. NORTH ST./RANDLE, 444): Submitted by BLEW AND ASSOCIATES for
property located at 693 WEST NORTH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT
INDUSTRIAL and contains approximately 2.44 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES. Planner: Quin Thompson
The following item has been approved administratively by City staff-
FPL 12-4274: Final Plat (3018 & 2980 N. ALTUS LN./ALTUS SUBDIVISION, 258): Submitted by NATHAN
HARRIS for properties located at 3018 AND 2980 NORTH ALTUS LANE. The properties are in the PLANNING
AREA and contain approximately 3.29 acres. The request is final plat approval of three single family lots.
Planner: Andrew Garner
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings. If you wish to address the Planning
Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once
the Chair recognizes you,go to the podium and give your name and address. Address your comments to the Chair,
who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, 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.
Interpreters or TDD, Telecommunication Device far the Deaf, are available far all public hearings, 72 hour notice
is required. For further information or to request an interpreter,please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the
office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are
invited to review the petitions.
Planning Commission
April 22, 2013
Page I of 10
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on April 22,2013 at 5:30 p.m.in Room
219, City Administration Building in Fayetteville,Arkansas.
ITEMS DISCUSSED ACTION TAKEN
Consent.
MINUTES: April 8, 2013 Approved
Page 3
VAC 13-4346: Vacation (902 S. SCHOOL ST./FERGUSON'S ADDITION,562):
Page 3 Approved
Old Business:
ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599):
Page 4 Tabled
ADM 13-4344: Administrative Item (617 N. COLLEGE AVE./NOW AND THEN BOUTIQUE, 445):
Page 5 Approved
New Business:
ADM 13-4357: Administrative Item (617 N. COLLEGE AVE./PARKS PURITY PIE CO., 445):
Page 5 Tabled
LSD 13-4352: Large Scale Development (NW CORNER OF SPRING ST. & SCHOOL
AVE./FAYETTEVILLE PARKING DECK,484):
Page 6 Approved
RZN 13-4348: Rezone (1035 N. GREGG AVE./SMITH,444):
Page 7 Forwarded
RZN 13-4359: Rezone(1851 E. HUNTSVILLE RD./KUM&GO, 565): Forwarded
Old Business:
ADM 13-4353: (FORM BASED CODE AMENDMENTS): Forwarded
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 1 of 10
Planning Commission
April 22, 2013
Page 2 of 10
MEMBERS PRESENT MEMBERS ABSENT
Tracy Hoskins Blake Pennington
Kyle Cook
Craig Honchell
William Chesser
Porter Winston
Sarah Bunch
Ron Autry
Ryan Noble
STAFF PRESENT
Glenn Newman
Andrew Garner
Jesse Fulcher
CITY ATTORNEY
Kit Williams, City Attorney
5:30 PM-Planning Commission Chairman Craig Honchell called the meeting to order.
Chairman Honchell requested all cell phones to be turned off and informed the audience that listening
devices were available.
Upon roll call all members except Pennington were present.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 2 of 10
Planning Commission
April 22, 2013
Page 3 of 10
Consent.
Approval of the minutes from the April 8, 2013 meeting.
VAC 13-4346: Vacation (902 S. SCHOOL ST./FERGUSON'S ADDITION, 562): Submitted by CITY
STAFF for properties located around 902 SOUTH SCHOOL STREET. The property is zoned DG,
DOWNTOWN GENERAL. The request is to vacate a 60 foot right-of-way.
Motion:
Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 3 of 10
Planning Commission
April 22, 2013
Page 4 of 10
Old Business:
ADM 13-4330:Administrative Item(SW CORNER 15TH STREET AND RAZORBACK ROAD,599):
Submitted by Crafton & Tull for property located at the SW CORNER OF 15T" STREET AND
RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres.
The request is for a variance of the Streamside Protection Zones.
Staff and the applicant requested that this item be tabled until the May 13th Planning Commission
meeting.
Motion:
Commissioner Cook made a motion to table ADM13-4330 until the May 13th meeting. Commissioner
Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 4 of 10
Planning Commission
April 22, 2013
Page 5 of 10
ADM 13-4344:Administrative Item(617 N.COLLEGE AVEJNOW AND THEN BOUTIQUE,445):
Submitted by CLARA PETERS for property located at 617 NORTH COLLEGE AVENUE. The property
contains approximately 0.25 acre and is zoned C-2,THOROUGHFARE COMMERCIAL. The request is a
variance allow for a temporary retail structure(airstream trailer)to remain on the property for longer than 90
days.
Andrew Garner, Senior Planner, gave the staff report.
Becky Peters,applicant, discussed her business and the request.
No public comment was presented.
Commissioner Hoskins asked about the depth of the property and the curb cut on Trenton.
Garner discussed that Trenton was designated as a Local Street and a curb cut would need to be separated 50
feet from the intersection in accordance with the access management ordinance.
Commissioner Hoskins discussed that he does not feel like the clear plastic tent on the front of the trailer
creates an aesthetically pleasing streetscape. He also discussed concerns with the plastic structure blowing
away.
Commissioner Autry discussed agreement with the other commissioners that the plastic tent structure is not
aesthetically pleasing and concerns that it could be blown away.
Commissioner Winston discussed that the idea for the outdoor tent area is good,but that it should be fixed
onto the trailer.
Cynthia Morris,property owner, discussed that they encourage awnings for vendors.
Commissioner Chesser discussed that he was not sure if we should encourage these types of things.
Commissioner Winston discussed that there are awnings specifically designed for airstream trailers,and that
custom awnings could be designed to be fixed to the trailers.
Kit Williams, City Attorney, read a potential condition of approval that would address the concerns of the
commissioners related to aesthetics and safety of the awnings.
Motion:
Commissioner Chesser made a motion to approve ADM 13-4344, adding condition of approval No. 4, as
read by the City Attorney stating as follows:
Condition #4
Wooden decks, stairways, and stoops to ease entry into the mobile vendors' trailers are permitted, but clear
plastic coverings are not allowed.Awnings for the trailers shall be made of fabric,rubberized canvas or other
similar material and attached to the trailers. The final approval of these types of structures shall be made by
staff.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 5 of 10
Planning Commission
April 22, 2013
Page 6 of 10
Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0.
New Business:
ADM 13-4357:Administrative Item(617 N.COLLEGE AVEJPARKS PURITY PIE CO.,445): Submitted
by SHANNON STRICKLAND for property located at 617 NORTH COLLEGE AVENUE. The property
contains approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is a
variance to allow for a temporary retail structure(airstream trailer)to remain on the property for longer than 90
days.
Cynthia Morris,property owner, indicated that this applicant was not going to be renewing the lease on her
property.
City Attorney, Kit Williams, advised the commission to table this item indefinitely.
Motion:
Commissioner Chesser made a motion to table ADM13-4357. Commissioner Winston seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
Commissioner Pennington arrived.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 6 of 10
Planning Commission
April 22, 2013
Page 7 of 10
LSD 13-4352: Large Scale Development (NW CORNER OF SPRING ST. & SCHOOL
AVE./FAYETTEVILLE PARKING DECK,484): Submitted by GARVER ENGINEERING for property
located at the NORTHWEST CORNER OF SPRING STREET AND SCHOOL AVENUE. The property is
zoned MSC, MAIN STREET/CENTER and contains approximately 4.13 acres. The request is for a parking
deck and two liner buildings.
Jesse Fulcher, Current Planner,read the staff report.
Ron Petrie, applicant, introduced the project team.
Commissioner Hoskins asked about using stairs on the east entrance.
Fulcher stated that they would extend over the sidewalk because of the difference in elevation between the
street grade and finished floor.
Commission Winston asked about items mentioned at the Subdivision Committee, including pedestrian
crossing areas at the garage entrances,public space on the south side of the building.
Commission Hoskins asked about the width of the entrances.
Public comment:
Laleh Amoirez,applicant,stated that the these items will be addressed as the detailed points of the construction
plans are developed.There will be separation between the pedestrian and vehicular entrances and seating will be
added along the south side of the building. These details just haven't been designed yet.
Commission Chesser stated the City should consider solar on the roof top as mentioned by Commission
Winston.
No more public comment was presented.
David Jurgens,Utilities Department Director,stated that the building is being designed to LEED standards and
may provide charging stations
Motion:
Commissioner Chesser made a motion to approve LSD13-4352. Commissioner Winston seconded the
motion. Upon roll call the motion passed with a vote of 9-0-0.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 7 of 10
Planning Commission
April 22, 2013
Page 8 of 10
RZN 13-4348: Rezone (1035 N. GREGG AVE./SMITH, 444): Submitted by JORGENSEN AND
ASSOCIATES for property located at 1035 NORTH GREGG AVENUE. The property is zoned RMF-24,
RESIDENTIAL MULTI-FAMILY,24 UNITS PER ACRE and contains approximately 0.44 acres.The request
is to rezone the property to NC,NEIGHBORHOOD CONSERVATION.
Jesse Fulcher,Current Planner, read the staff report.
No public comment was presented.
Commissioner Cook asked about access for the new units.
Fulcher stated that there will only be one additional unit allowed with the zoning change, and that the
developers have been planning a shared driveway and have discussed cross-connectivity to the west.
Motion:
Commissioner Chesser made a motion to forward RZN13-4348 to City Council with a recommendation
of approval. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a
vote of 9-0-0.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 8 of 10
Planning Commission
April 22, 2013
Page 9 of 10
RZN 13-4359: Rezone(1851 E.HUNTSVILLE RD./KUM&GO,565): Submitted by CITY STAFF for
property located at 1851 EAST HUNTSVILLE ROAD.The property is zoned I-2,GENERAL INDUSTRIAL
and contains 1.93 acres.The request is to rezone the property to C-1,NEIGHBORHOOD COMMERCIAL.
Jesse Fulcher, Current Planner,read the staff report.
Jeremy Pate,Development Services Director,stated that the Tyson building is being demolished and sorted
currently.The administration has made removal a high priority for safety and aesthetics.The rezoning request
is for only two acres of the property.
Kit Williams, City Attorney, stated there will be small green space area left in front for public art.
Public comment:
Aubrey Sheppard,citizen,stated there are some wetlands by the funeral home and drainage to the south of
this property.
Commission Hoskins stated that sometime development is good, period.
No more public comment was presented.
Fulcher stated that drainage will be improved just with the removal of the concrete and establishment of
greenspace by new development.
Motion:
Commissioner Winston made a motion to forward RZN13-4359 to City Council with a recommendation
of approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote
of 7-1-1,with Commissioner Cook voting no and Commissioner Hoskins recusing.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 9 of 10
Planning Commission
April 22, 2013
Page 10 of 10
ADM 13-4353:(FORM BASED CODE AMENDMENTS): Submitted by CITY PLANNING STAFF.The
request is to amend Chapters 151, 161, 164 and 172 to clarify build-to zone requirements,modify building
height in certain zoning districts, and provide design requirements for auto-oriented commercial facilities.
Andrew Garner, Senior Planner, gave the staff report.
Public Comment:
Aubrey Shepherd asked about the changes to the code and public notification.
Garner discussed that this was the third time this has been heard at the Planning Commission meeting.
No more public comment was presented.
Jeremy Pate, Development Services Director, discussed some of the changes to the code that staff is
proposing, including one new revision from the previous Planning Commission meeting.
Garner displayed the additional revision to the code on the screen and discussed the change.
Kit Williams,City Attorney,recommended that another one of the exhibits distributed by staff be included in
the actual code.
Commissioner Hoskins asked about shy distance from a wall to the sidewalk.
Pate discussed the shy distance requirement.
Motion:
Commissioner Chesser made a motion to forward ADM 13-4353 to City Council with a recommendation
of approval. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a
vote of 9-0-0.
There being no further business, the meeting was adjourned at 7.15PM.
May 13,2013
Planning Commission
PC Minutes 04-22-2013
Agenda Item 1
Page 10 of 10
Tayett-l
PC Meeting of May 13, 2013
KANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: May 6, 2013
ADM 13-4377:Administrative Item(11 N.COLLEGE AVE./FIRST SECURITY BANK,484):
Submitted by ENGINEERING SERVICES, INC. for property located at 11 NORTH COLLEGE
AVENUE.The property is zoned DC,DOWNTOWN CORE and contains approximately 0.55 acres.
The request is for a variance of the Downtown Design Overlay District. Planner: Jesse Fulcher
Findings:
Property description and background: The subject property is located at the northwest corner of N.
College Avenue and E. Meadow Street and is within the Downtown Design Overlay District. The
property is currently developed with a branch bank and parking lot for First Security Bank. Plans for a
new bank facility have received approval through the Site Improvement Plan process and construction
plans are currently under review.
In April the Planning Commission approved a variance of Chapter 166.21 Downtown Design
Overlay District to allow the visual transmittance rating of the first floor glass to be reduced to 0.59
when 0.60 is the minimum required.Following that meeting,during review of the construction plan
documents, it was discovered that a small portion of the glass was proposed to be spandrel glass,
which does not meet the visual transmittance rating. Spandrel glass is opaque (0.00 visual
transmittance rating)and is typically used to conceal electrical and mechanical areas between floors.
Proposal: Chapter 166.21(E)(7) requires buildings to have a minimum of 75% glass on the
first/ground floor of any principal fagade, and for that glass to have a visible transmittance rating of
0.60 or higher. The east facade(along College Avenue)has been designed with 74%glass of which
12% is spandrel. The north fagade (along Meadow Street) has been designed with 75% glass of
which 8% is spandrel.
Request: The applicant is requesting approval of a variance to reduce the percentage of"clear"glass
as noted above. As illustrated on the floor plans, the panel of spandrel glass on College Avenue is
adjacent to the bank work room, which contains the after-hours depository, vault and IT/server
equipment. First Security Bank is extremely concerned with the security of this room, for obvious
reasons. The spandrel glass is being proposed in this location,so glazing is provided on the exterior
of the building, but the building walls are maintained for security purposes. A very small panel of
G:IETCIDevelap nenl Services Reviewi20130evelopazent RevieivU3-4377 ADMFirsi Secunly Bank DDOD Var ionce7PCl05-13-20131Coomrents and
Redlines
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 1 of 12
spandrel glass is being used on Meadow Street, because there is a mechanical platform above the
breakroom that is being screened.
Recommendation: Staff recommends in favor of the variance to allow a panel of spandrel glass
along College Avenue due to the location along the vault room wall. Security of this space is critical
for the safety of the bank employees and customers. The second, smaller panel of spandrel along
Meadow Street is being provided fore a more traditional use — to hide interior mechanical space
located above the ceiling. The proposal meets the intent of the downtown design standards, while
also meeting the unique design needs of a banking institution.
PLANNING COMMISSION ACTION: Required
❑Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Date: Mav 13, 2013
Comments:
CirlliTYl Derelol>,urur.Srmrres RrvrrM?0l31Derelnpwrn+Reiwervl73-4.177 AIJAI I ima .Seew iry Honk!)fXIP I m lnmdPCI05-13-10I31Conwrems mu!
Redlines
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 2 of 12
-- _-- .
t -e
w o -
I
y- • t
I FT
73.33 SQ,FT.GLAZING
SPANDREL GLAZING - T-c 73.33 SQ.FT.SPANDREL GLAZING T-4'
y /
57'-0" - — - 277 SQ. FT.GLAZING
FACADE W IDTH
TOTAL GLAZING=350.33 SQ.FT.=61.5%tinted
73.33 SQ.FT.=12.8 spandrel
74.3%glazing(tinted&spandrel)
COLLEGE AVE BLDG FACADE=570 SQ.FT.
423.66 SQ,FT.1570 SQ.FT=74.3%of glazing at facade
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 3 of 12
]1 r ZL 11
r6Yppi+
�
-
i
SPANDREL GLAZING=10.G65q.11,
9 4"
9'.4'
'-4'
9333 SQ Ff.GLAZING 74.66 SO.FT.GLAZING
FACADE WIDTH
TOTAL TINTED GLAZING=168 SQ.FT.=67.2%TINTED
7.4%SPANDREL
74.6%GLAZING(tinted&Spandrel)
MEADOW ST SLUG.FACADE=250 SQ.FF.
166.66 30.FT.1250 SQ-FT=746%of glazing at facade
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 4 of 12
�- CENTER LINE SCM
�- OF ALLEY
ARCHITECTS P.LLC.
EXISTING BUILDING FACE
Lill,. ..K a aMnam.s.. zzo
Little Rock, 55faxon¢ 12205
DUMPSTER ENCLOSURE t'�op .&omsstes.tects.ca-m
� rcmtects.com
GARAGE ��rr•
�✓EXIT r ` iNf r rr`fin T3 „ ,.rM! r-✓�i/q r/rty
s /% elf 7— . ak �r4
l ,5
- BUILDI
NG
SETBACK BUILDING tion 1 SETBACK10'SETBACK
_
FROM CENTER
LINE OF ALLEYP'�
4-0
- r9,. � L '"'.Mlr^fFr�r�}G"A'✓;P-I :-� ��'� `J�,�, ,. u�1 W
O /}^�
r i w
`r
42'HIGH WALLS w
U.
AHD
N.COLLEGE AVE. O
SITE PLAN C V
1"=30'_0"
O
0 IV1
03/06/13
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 5 of 12
May 6,2013
Planning Commission Chair
City of Fayetteville Planning Department
113 West Mountain Street
Fayetteville,Arkansas 72701
RE: Planning Commission Variance
First Security Bank, Downtown Fayetteville
City of Fayetteville,Arkansas
Dear Planning Commission Chair,
On behalf of First Security Bank in Fayetteville, SCM Architects PLLC is submitting this variance request for the
proposed new First Security Bank construction in downtown Fayetteville located at 11 North College Avenue,
Fayetteville,Arkansas
It is our understanding that the City of Fayetteville requires that commercial space and storefronts to have a
minimum of 75% glass on the first or ground floor of any principle fapde. The two principle facades for this
project face College Avenue and Meadow Street. The bank's main entry is along College Avenue and on that side,
the amount of glazing is at 61.5% tinted glass with 12.8% spandrel glass for a total of 74.3% glazing. Along
Meadow Street,the amount of glazing is at 67.2%tinted glass with 7.4%spandrel glass for a total of 74.6%glazing.
In order to address any concerns, as well as to give you the reasons for the building layout, a design rationale is
provided below:
Design Rationale—
First Security Bank, 1-story branches, are typically wood frame (Type VB) structures approximately 2,000 SF to
2,500 SF. The single entry has a pair of aluminum doors set into a floor to ceiling storefront system. Other
windows around the bank are "punched openings' through the brick walls. The customer walks into the bank
directly across from the teller area,with the teller and drive through lanes at the rear of the building. Offices are
normally to the left and right of the entry. However, when the Downtown Fayetteville Branch was beginning, it
was realized that this typical layout would not work for the property at 11 North College Avenue. The property
had a build-to line at N.College Ave.and E.Meadow St.that had to be met. When the building was pushed to that
corner,the typical First Security branch layout had to be rethought:
Drive-Through:The drive-through could not be placed at the rear(west)of the building due to both the depth of
the property and the close distance to E. Meadow St. There would not be enough room for vehicular stack space.
That left only the south side of the building to have the drive through. This presented another challenge, because
if a typical drive through was used,cars would be exiting onto N.College approximately 80-100 feet from the
intersection of College and Meadow. It was preferred that vehicles exiting onto N.College would do so from the
existing alley located along the southern property line. So,instead of the typical drive-through lanes,with direct
access to the teller window,an elongated,semi-remote drive-through area was designed. The vehicles enter the
property off of E. Meadow,drive past the bank building and circle back north, under a canopy to face the teller
window. The vehicles can then either exit back onto E. Meadow,or to the alley and then to N.College. See
diagram on following page.
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 6 of 12
CxIT-
�Ex1T-
ARAGE
I BUILDING,
SETBACK
UNEFPOM
UNE
® h
GB!!7{ J�ATM
F17� �
42'HIGH WALL_
w
NCOLLEJEAJE `THE PRINCIPAL FACADE OF A BUILDING
SHALL BE BUILT V-ATHIN A BUILD-TO ZONE
TIWT IS LOCATED BETWEEN THE FRONT
PROPERI V LINE 44D UNE 25 FT FROM
THE FRONT PROPERTY LINE'PER
DGWNI DEVELOPMENT ZONING
Teller Line/Workroom: Since the drive-through location was set by the build-to zone and property limitations,
the interior layout of the bank was limited. The Teller Line is required to be along the south side of the building in
order to access the drive-thru window. The Teller Line also has to directly access the building lobby and an
adjacent workroom. In order to provide the driveway and required parking spaces, the overall width of the
building was restricted (approximately 33'-0" wide). To accommodate this dimension, the Teller Line was
decreased in size from four stations, to three stations.The Workroom, which was placed along N. College due to
the required placement of the teller drive-through window in relationship to the drive-through lanes, houses the
walk-up after-hours depository, the money safe, a limited amount of storage, and the server/IT equipment. This
room is normally not located on an exterior wall due to the sensitivity of its contents, but had to in this case
because of its required proximity to the teller line and the limited width of the building. The facilities manager and
the director of IT for First Security are extremely concerned with the requirement to have a window into this room
(to reach the 75% glass facade requirement). It was First Security's hope that the spandrel glazing would be an
acceptable compromise. By having a wall behind the glazing, First Security can keep the security and wall space
that they need,and from the exterior,glazing will break up the facade of the building,in an effort to reach the 75%
glass requirement.
Lobby: The primary face of the building is along N. College, so a main entry on that facade was a must for First
Security Bank. However,the majority of their customers are expected to visit by vehicle, either through the drive-
through,or to park and walk inside. With the parking lot to the interior of the property, another"main" entrance
was required by First Security. All other new First Security branch banks (2005 —present) only have one "main"
entrance to help with security(one door for employees to watch,to video,to alarm, etc.). This facility would now
have two, but the City of Fayetteville also required a door along E. Meadow since by code, that is a "principle
facade"as well as N.College. First Security Bank requested and was granted a variance for not having an entry on
this facade. A connecting sidewalk will be extended from the west entry to E. Meadow to allow pedestrian access.
Offices/Ancillary Spaces: With the Teller Line to the south end of the building and the lobby in the middle, the
offices and ancillary spaces were placed along the north end of the building. Two open office areas were placed in
/near the lobby space, with the branch manager's office placed at the northeast corner(at the intersection of E.
Meadow and N.College. The office was relocated to this corner because it allowed for more window area than the
break room. The break room provides access to mechanical and electrical spaces to which First Security Bank does
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 7 of 12
not want the public to access. This includes access to a mechanical platform above the break room where the two
mechanical units are housed. The Janitor's room and Electrical Room have been moved away from the wall along
N. Meadow to allow vision glass to be used. A limited amount of spandrel glazing will still be needed at this area,
because the mechanical platform starts at 8'-2"above the finish floor line. But from the finish floor up to the 8'-0"
line,vision glass will be used.
Glazing:Since the City of Fayetteville requires that commercial space and storefronts have a minimum of 75%glass
on the first or ground floor of any principle facade, glazing was expanded on both N. College and E. Meadow
facades. The facade along N. College Avenue has a total of 74.3%glazing(61.5%tinted and 12.8%spandrel) and
the facade along Meadow Street has a total of 74.6%glazing(67.2%tinted and 7.4%spandrel).
For the above reasons,we are requesting that variances be granted to allow spandrel glazing in the amounts listed
in the descriptions above and for the percentage of vision glass for this project to be less than the 75%otherwise
required by code for this area.
I hope all of your questions and concerns have been addressed by this letter and with the following elevations,but
if not,or if you need additional information for any part of this, please let me know. Feel free to contact me by e-
mail inichols scmarchitects.com or by phone at 501-224-3055.
Si ncere
onathan Nichols,AIA
Project Architect
Attachment
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 8 of 12
I - -
.Nr -
�1 _ F4
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 9 of 12
ADM13-4377 FIRST SECURITY BANK
Close Up View
j.o
CONNERST
L J
ERd1F-24 G
L
SPRING ST
I
Lf Lr j
W O
< SUBJECT PROPERTY _z
J 3
_J
W
y MEADOW ST L- D
O
m
w ¢
ti
¢ J J
M5C w 00 MEADOW ST
LJ] C Ll
o L L
ci LL
CENTER ST CENTER Si
�� L
> El
P-1 L L,r
Legend MOUNTAIN ST MOUNTAIN ST
....... Multi-Use Trail (Existing) M = _ � � o
Do
W z
0
.•••.•• Future Trails J
<
L - - _A aye�eville City Limits 3
DM 13-4377
— Footprints 2010
— Hillside-Hilltop Overlay District
Design Overlay Di 3trict
Design Overlay Di 3trict
0 75 150 300 450 600 13 2013
------ Planning Area FNay
annin Commission
Agenda Item 2
Page 10 of 12
ADM13-4377 FIRST SECURITY BANK
One Mile View
C' - RM
PZF ; HOP RSFd
ftL 1 R_-34H Iq RMF34 RSF4 RSF-0 RSFd ST
p1; P RICIA LN P-1
L�-- CSCSRM 24: RSF4 a5F-0j B YA RSF1
-0 ftsF d
� j SF-0 RSF
-1 RMF34(D R RSF4 w RSF4 W R-0 R '
�F R x ADAMS ST w Q R ao ESIDE D
J (9 RSF4 RSF4 O ¢ W 0 RSF-0� SF48AXT RSF4
c HAWTHORN ST 3 Y .JJ Z R Ra
P2D MF"24 RSF4 Q Q J - RN ST =O AC`KS
1 a x RSF-0 (7 ••
R
RSF4 RSF4 RSFd RSF40 RSFdR '2 ftsF-0 RSF4 R
PROSPECT ST PROSPECTST
RSF-6
F-0 P.1 RMF34 R-0 RSF4 RSF4 RSF4 RSF4
RSF4 J
w ` ' :''L 80100 -CAST >W R 4W
hF34Z LOUISE ST RMF34 2 RSF4 RSF4 W RSF Q Z
R 0 RSF4 RSF4 RSF4RSF4 W C ¢ p > �
9 1 IDSON ST RSF4 h J w
P'1 P"1 0; ILA ST Q F4 L RSF4� O JRS�
�. OR ftsF-0 F4 0 RSF4 I['3 RSF4 �
RSF4 (q RMF-24 C-2 W RSFdWQ
W c a MAPLE ST ftsF-0 sF-0
'P' W W MSL RSF4
RSF4 a
' r' Z RSF-0 P24 F1
Z ftsF-0
� FERMFif B
f1s.
Q R Z RSFdMsc = SUBJECT PROPERTY
MSC MSC M SC MSC O
P", ¢ DIC ON ST x
4 j F-MSC MS MSCI
R-Q
(q MSC li SC MSC MSC MSC •' 4
Msc,3
ERS RM
,p •: MocW Msc SPRING ST P24RMF-24
MSC p MSC
W RMF-24
FO f1SC MSC Q RMF-24RMF24 RM
tNSO LATER S w Y
P-1 aMF24 �P MSc MSG Q Q � CENTER ST
ry,� J w N F-24 ST
m
R P-1 RS f MSC MSC MSCMS RMF-24W
F2 W I Q
B P ppb
P'1 <DOG BLV SF-0w RO J
C3 P-1 441-1
f R-0R-01 ow
P-1 0-2 T 2 MSC P
G2
PRIVATE Msc H S
MSC MSO
cs ER
- C1
RMF36 11 ] MSC MSC M
•.... RPZO 3 J.,
F 20
9
RMF872AP1 _L_
F (y R
RSF4 R RSF4�
•I-1 J ¢ RSF-0 RSF4
a�0�naF.1.A RSFd
0.1•• .RMF34 RMFSI C-1
RQ F- RM W RMF34
SMF-24 p", •• W P_1
P_,aMF 77,H w111T. ulft aTrail ( sting) 'a W
RRMMF-24 RMF3 W RPZO RMF$4Q
Q:aMF34a P-1 SMF-24 Z
Z
�,• , 12 RMF-2a'f LTH In Z Q P, t sN
i 13TH ST RSF4 = w
RMF3AI RMF-263 Use stili0
nGRMF34Z
C3 F-24 q/i RMF24RMF34M MSC MSC P Pf C t
_ :...
P-1
_ re Trai —
RMF34 RMF34 RMF34 F1
MSL F1 RMF-24 RA I.1 RM S-0
RMF3 RMF-24 IIlt rl D
Overview Legend ADIV 13-4377
Subject Property
MADM'134377 _I Desi n Overlay District
- � - - -
❑ Boundary _ _ _ Plan iing Area
_
FayE tteville
0 0.25 0.5 1
M
Plann n Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 11 of 12
May 13,2013
Planning Commission
ADM 13-4377 First Security Bank
Agenda Item 2
Page 12 of 12
T*`
ayet evi le PC Meeting of May 13, 2013
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Sarah Wrede, Flood Plain Administrator
Megan Dale,Urban Forester
THRU: Jeremy Pate,Development Services Director
Chris Brown, City Engineer
DATE: May 9, 2013
ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK
ROAD, 599): Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH
STREET AND RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains
approximately 4.42 acres. The request is for variances of the Streamside Protection Zones,Parking
Lot Landscaping, Access Management, and to permit Parking in the Build-to zone.
Floodplain Administrator: Sarah Wrede Planner: Andrew Garner
Urban Forester:Megan Dale
Findings:
Property description and background:This property is located in the Fayette Junction Neighborhood
Plan area at the southwest corner of 15th Street and Razorback Road(both Principal Arterial streets
on the City's Master Street Plan). The property is zoned UT, Urban Thoroughfare, and contains
approximately 4.42 acres of disturbed grassland. The entire western border of the site is
encompassed with floodplain and Streamside Protection Zones (SPZ) associated with a tributary
stream to Town Branch. The SPZ on this property currently is poor quality with mowed grass, few
trees beyond the top of bank and appears to have had fill material placed towards the north end.
Proposal: As indicated in the attached plans,the applicant proposes to construct two multi-family
buildings containing approximately 68 units,232 beds and 234 parking spaces. In order to develop
the site in the manner desired by the property owner, several variances of the Fayetteville Unified
Development Code (UDC) are requested from the Planning Commission:
1. UDC Section 168.12 Streamside Protection Zones. The applicant proposes to grade and
construct a parking lot within Zone 2: Management Zone (within 50 feet of the top of the
stream bank) along the entire length of the site, and to substantially grade and construct
small portions of paved parking area within Zone 1: Waterside Zone(within 25 feet of the
top of the stream bank).
2. UDC Section 177 04(D)(2)(a) 15 feet of greenspace between the street and parking lot.The
applicant proposes to provide approximately nine(9)feet of greenspace along 15i1'Street and
eight (8) feet of greenspace along Razorback Road.
G:18TCIDevelopmeni Services Review120130eveloprnenl Review U3-4330 ADMChampion Club Condos-Sueamside)104 Planning Conrinission)05-13-
20131Comnsenis and Redlines
May 13,2013
Planning Commission
ADM 13-4330 Champion Club Condos
Agenda Item 3
Page 1 of 26
3. UDC Section 177.04(D)(2)(b) Urban zoning districts with greenspace of less than 10 feet
require street trees in urban tree wells in the sidewalk.The applicant proposes to plant street
trees in the greenspace adjacent to the multi-use trail along Razorback Road.
4. UDC Section 177.04(C)(1) Interior Darking lot trees to be lanted in tree islands or in tree
lawns. The applicant proposes to plant the parking lot trees in 4-foot by 4-foot street grates
with a six-inch raised curb.
5. UDC Section 177.04(C)(2) Parking lot trees on either side of driveways in tree islands.
Because of the limited amout of greenspace between the right-of-way and parking lot there
is not adequate space for these required trees on either side of the driveways.
6. UDC Section 172.04(0) Parkinf;lots are not permitted in the build-to zone. The applicant
proposes parking spaces in the build-to zone along both 15`t' Street and Razorback Road,
including a 32-inch masonry screen wall to screen the parking lot from the street.
7. UDC Section 166 08(F)(0)(a)Curb cuts are required to be spaced at least 250 feet apart on
an arterial roadway. The applicant proposes a curb cut onto 15th Street that is 147 feet from
the adjacent curb cut to the west.
8. UDC Section 166.04(B)(3) (c i Streets to be constructed in accord with the Master Street
Plan. The applicant proposes to widen both Razorback Road and 15`I' Street to include
parallel parking spaces when the Master Street Plan cross section for Principal Arterial
streets allows parallel parking only is certain settings.This request is not a variance but is a
determination to be made by the commission.
Recommendation: Staff finds that this is a unique site in terms of the large amount of property
within a floodplain and in the SPZ. Given this unique feature, staff generally finds that some of the
development ordinances result in a hardship to the property owner that justifies some variances.
However, after several meetings with the applicant's engineer, staff does not find in favor of the
development plan or all of the variances requested. Staff finds that it is possible and reasonable to
develop the site without all of the variances requested. The specific recommendations and findings
for each variance are listed below:
1. Streamside Protection Zones. Staff recognizes that some relief may be appropriate for this
site because of the large area impacted by the SPZ and the poor condition of the existing
SPZ. Staff recommends approval of the SPZ variances with the following conditions of
approval to offset impacts created by the development and meet the intent ofthe ordinance:
a. All parking spaces and pavement shall be removed from the Zone 1: Waterside
Zone.
b. Bio-retention areas shall be built in accordance with criteria set forth in the City's
draft Drainage Criteria Manual at a minimum area as shown on the proposed
preliminary site plan.
c. The stream and riparian enhancement plan shall be carried out as described in the
applicant's request packet including removal of invasive plants and planting of
native grasses, wildflowers, shrubs, and trees within the area shaded in blue on the
proposed preliminary site plan.
d. Native trees shall be planting within the SPZs open areas at a minimum size
requirement of 1" — 2" caliper trees approximately 6 to 8 feet in height at an
average density of 20 feet on center with no more than 20% of any single tree
G.9ETCIDevelopment Services Revi.120730evelopment Reviewll3-4330 ADM Champion Club Condos-Slreamside)104 Planning CommfssioM05-13-
201YCommenis and Redlines
May 13,2013
Planning Commission
ADM 13-4330 Champion Club Condos
Agenda Item 3
Page 2 of 26
species.
e. The owner shall provide a care and replacement warranty extending at least three
growing seasons, to ensure adequate growth and survival of the plant community.
f. Prior to any soil disturbing activity, the SPZs not receiving a variance shall be
clearly delineated with fencing which shall be maintained throughout construction
activities.
g. The development shall be in compliance with all other portions of the Flood
Damage Prevention Code.
h. The development shall be in compliance with all other requirements of the
Streamside Protection Best Management Practices Manual.
2. 15 feet of greenspace between the street and parking lot.
Razorback Road.Staffrecommends approval on Razorback Road based on the f ndings
discussed below with the following condition of approval:
a. The applicant shall obtain written approval from the Arkansas State Highway and
Transportation Department for planting street trees within the right-of-way.
15`t' Street. Staff recommends denial on 15th Street based on the findings discussed
below.
Findings:
Razorback Road:If the State Highway will approve in writing placement of street trees
within Razorback Road right-of-way, then staff will support a reduced 15' landscape
buffer.If not,staff does not support the reduced buffer because it places trees lower than
street level in a swale 5' away from a building. Large species trees (average canopy
spread 30-50') should be placed a minimum of 15' away from a building.
15th Street: Placing street trees within the right-of-way would put them directly under
overhead power lines. If there was a 15' landscape buffer,this would place street trees
20' away from the power line (which is the power company minimum for medium
growth rate, large species trees). Small species trees will not produce as much canopy
coverage; therefore, not reduce the heat island effect over the parking lot either.
Currently, the applicant is showing a 32" high screen wall 2' off the right-of-way,
leaving a 5.5' wide green space. A typical street section for green space is 6' wide. A
typical parking island is 8' min width.This scenario is in between these two cases. Staff
recommends either placing the power line underground so that the street trees may be
placed in public right-of-way or that there be a 15' landscape buffer so large species
trees may be planted. If the Planning Commission approves the current layout, staff
recommends the green space be a minimum of 6' wide from bottom of wall to back of
curb. Small species trees would be required to prevent power line conflict.
G:IETCIDevelopmenl Services Rmew1201311)evelopment Review)/3-4330 ADM Chmnpion Club Condos-Su i a uside)I04 Planning Commissionlo5-13-
20131Comn,nts and Redlines
May 13,2013
Planning Commission
ADM 13-4330 Champion Club Condos
Agenda Item 3
Page 3 of 26
3. Urban zoning districts with greenspace of less than 10 feet require street trees in urban tree
wells in the sidewalk. Staff recommends approval of a variance to plant street trees in
greenspace between the trail and the building along Razorback Road.
Finding:Placing street trees within 12-foot wide trail system(in tree wells)may create a hazard.
The trail would need to be four feet wider than typical trail section,and trees would need to be
installed and pruned with branching structure over 81 inches to eliminate safety hazards. This
scenario would also require State Highway approval to install street trees within the right-of-
way.
4. Interior parking lot trees to be planted in tree islands or in tree lawns. Staff recommends
denial of this variance request based on the findings discussed below.
Finding: The applicant is proposing 4' x 4' street grates with a 6"raised curb. Staff does not
support this proposal for the following reasons:
■ Trees will be greatly stressed from increased heat island effect of parking lot paving.
In an urban street tree situation, trees are often shaded by adjacent buildings.
• Structural soil 8' wide x 15' long x 3' deep would be required to help the trees
become structurally established.
■ By having raised curbs, it protects the trees from vehicles running into them, but
reduces the storm water runoff urban street trees in sidewalks typically receive.
If the Planning Commission accepts this request,staff recommends the following conditions of
approval:
• Structural soil shall be required at each tree grate.
■ Automatic irrigation shall be required.
■ Trees shall be required every 18' /every 2 bays so the trees will help shade each other
out until they are established.
■ The owner shall be required to bond all parking lot trees for 3 years to ensure they
survive the maintenance establishment period.
• Hardy, large species shade trees shall be required.
5. Parking lot trees on either side of driveways in tree islands.Staffrecommends denial of this
variance request based on the findings discussed below.
Finding: The current layout is less that four feet wide and 80 square feet to place trees at the
access point between the free standing wall and back of curb. This is less than the required 8-
foot minimum tree island width. Staff recommends expanding the greenspace to provide
adequate planting space with a six foot width minimum and 150 square feet.
6. Parking lots are not permitted in the build-to zone. Staff recommends in favor of this request
with the following condition of approval:
a. The applicant shall install a 32-inch masonry screen wall between the parking lot
and the street as indicated on the site plan.
G:IETCIDevelopmeni Services Review120131Development Review113-4330 ADM Champion Chub Condos-Sa eamside)104 Planning Commissionl05-13-
20131Commenfs and Redlines
May 13,2013
Planning Commission
ADM 13-4330 Champion Club Condos
Agenda Item 3
Page 4 of 26
Finding: Staff finds that the proposal to install a masonry screen wall helps meet the intent of
the form-based zoning districts to establish a street edge, screen the parking lot, and foster a
pedestrian-friendly development. This proposal would be permitted with the recent changes to
the form-based zoning code currently being considered by the City Council.
7. Curb cuts are required to be spaced at least 250 feet apart on an arterial roadway. Staff
recommends in favor of this request given that this section of 15°h Street has relatively
slower speeds than a typical Principal Arterial, and the proposed curb cut should not create
a dangerous traffic condition.
8. Streets to be constructed in accord with the Master Street Plan.Staffrecommends in favor of
the applicant's proposal to place parallel parking along both Razorback Road and 151h
Street adjacent to their development. The context of these streets has changed over the past
few years into a more developed setting. It is anticipated that as development continues,
these roadways will continue to evolve into a more urban streetscape. The parallel parking
proposed should result in traffic calming, a more pedestrian friendly environment, and
should not pose traffic safety issues. The posted speed limit on 15`h Street is 35 mph and the
posted speed limit on Razorback Road is 40 mph. The close proximity of the stop condition
at the intersection of Razorback Road and 15`h Streetfurther slows traffic speeds adjacent to
this site. The Master Street Plan indicates that parallel parking is appropriate on a
Principal Arterial when traffic speeds are less than 30 mph. Stafffinds that the proposal
meets the intent of the Master Street Plan.
PLANNING COMMISSION ACTION: Required
❑ Approved ❑ Denied X Tabled
Motion: Chesser
Second: Hoskins
Vote: 7-0-0
Date: March 25,2013
❑ Approved ❑ Denied X Tabled
Motion: Cook
Second: Chesser
Vote: 8-0-0
Date: A ril8 2013
❑ Approved ❑ Denied X Tabled
Motion: Cook
Second: Chesser
Vote: 8-0-0
Date: April 22 2013
❑ Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Date: May 13,2013
G:IETCIDevelopmenl Services Review120131Developmenl Review113-4330 ADM Champion Club Condos-Stremnside)104 Planning Conmussion105-13-
20131Commems and Redlines
May 13,2013
Planning Commission
ADM 13-4330 Champion Club Condos
Agenda Item 3
Page 5 of 26
156.03 Development
Certain variances of the development regulations may be applied for as follows:
(A) General requirements.
(1) Undue hardship. If the provisions of Development,Chapter 166, are shown by the developer to cause undue
hardship as they apply to this proposed development(including, but not limited to financial,environmental,or
regulatory)and that the situation is unique to the subject property,the city Planning Commission may grant a
variance, on a temporary or permanent basis, to the development from such provision, so that substantial
justice may be done and the public interest secured; provided that the variation will not have the effect of
nullifying the intent and purpose of the development regulations. No variance shall be granted for any property
which does not have access to an improved street.
(2) Conditions and safeguards. In granting variances, the Planning Commission may prescribe appropriate
conditions and safeguards to secure substantially the objectives of the standards or requirements so varied.
(C) Consideration by the Planning Commission.
(9) Streamside Protection Zones
(a) Undue hardship. If the provisions of the Streamside Protection Ordinance are shown by the owner or
developer to cause undue hardship as strictly applied to the owner or developer's property because of its
unique characteristics,the Planning Commission may grant a variance on a permanent ortemporary basis
from such provision so that substantialjustice may be done and the public interest protected,provided that
the variance will not have the effect of nullifying the intent and purpose of the Streamside Protection
regulations.
(b) Consideration of alternative measures.The applicant for the variance shall establish that reasonable
rezoning by the City Council or variance request from the Board of Adjustment will not sufficiently alleviate
the claimed undue hardship caused by the Streamside Protection regulations.
(c) Conditions and safeguards. In granting any variance, the Planning Commission may prescribe
appropriate conditions and safeguards to substantially secure the objectives and purpose for the
regulations so varied and to mitigate any detrimental effects the variance may cause. The Planning
Commission should consider the Streamside Protection Best Management Practices Manual and any
mitigation recommendations from the City Engineer.
156.07 Landscape Regulations
(A) The Planning Commission shall have the authority to grant a variance from the landscaping requirements
prescribed by§177.
(B) Findings. The Planning Commission shall make the following findings:
(1) 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.
(2) Harmony with general purpose. The Planning Commission shall further make a finding that the granting of the
variance will be in harmony with the general purpose and intent of the Landscape Regulations,§177,and will
not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(3) Conditions and safeguards. In granting any variance, the Planning Commission may prescribe appropriate
conditions and safeguards to ensure compliance or to protect adjacent property.
(4) Undue Hardship. If the provisions of the standards within Landscape Regulations, §177, are shown by the
developer to cause undue hardship as they apply to his proposed development,the Planning Commission may
grant a variance to the developer from such provisions,so that substantial justice may be done and the public
interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of
development regulations.
CrIETCIDevelopment Services Review120130evelop+nen[Review U3-4330 ADM Champion Chub Condos-Sireamside)104 Planning Conunission10543-
20131Conanenls and Redlines
May 13,2013
Planning Commission
ADM 13-4330 Champion Club Condos
Agenda Item 3
Page 6 of 26