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HomeMy WebLinkAbout137-06 RESOLUTIONRESOLUTION NO. 137-06 A RESOLUTION TO GRANT THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ADM 06-2164 (SYCAMORE CENTER), A REQUEST FOR A VARIANCE OF LANDSCAPING REQUIREMENTS WHEREAS, upon the developer's demonstration that the landscape requirements are causing him undue hardship because of the unique situation of his development, the City Council may grant a variance to the fifteen feet landscaping requirement to reduce it to six feet with additional plantings so that substantial justice is done and the public interest secured NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Sycamore Center and its request for a variance found in ADM 06-2164 on the following conditions: (1) The City Council agrees to the Proposed Parking Plan 2 presented by the developer if approval of the Arkansas Highway and Transportation Department can be obtained. If such approval cannot be obtained then the City Council agrees to Proposed Parking Plan 1 presented by the developer. (2) Whichever plan is finally approved, the City places the following additional conditions upon its approval of the requested variance which reduces the green space/landscape area between the parking lot and the street right-of-way from fifteen feet to six feet. (a) The final development will have at least as much landscaping and look similar to the "after" photo illustration presented by the developer. (b) The developer shall work with Planning Staff and the City's Landscape Administrator to enhance the overall landscaping of this project to include additional tree plantings as recommended by the Landscape Administrator. (c) The Zoning and Development Administrator shall have the right to approve minor modifications to either Proposed Parking Plan 1 or 2 to accommodate concerns of the Arkansas Highway and Transportation Department, the City Engineer, or other City Staff. PASSED and APPROVED this 15th day of August, 2006. APPROVED. ATTEST: By: G•glYO,c.p% GVa• 13•. c!• FAYETTEVILLE: :• tom: 'S. re: er�';t PSAStti• NGo ;tros. By: 604,0, DAN COODY, Mayor SONDRA SMITH, City Clerk Res" Miller 8/I5/Oro Boskus AOr\ oG-aICH Lack Architects, P.A. s4co. „, APPectt June 27, 2006 City Of Fayetteville Clerk's Office / City Council 113 W. Mountain St. Fayetteville, AR 72701 Members of the City Council, On behalf of the owner of Sycamore Center, Rick Thomas, I would like to appeal the Planning Commission's decision to deny ADM 06-2164: Administrative Item (SYCAMORE CENTER, 407), for waiver of landscaping requirements to accommodate additional parking. The 11,324 sq.ft. retail building has 36 parking spaces. Due to the limited number of parking spaces, the tenants feel they are losing business during peek hours of the day. With the parking spaces full, people circle the parking lot and then leave. Two of the current tenants have indicated they will be leaving the center if the parking situation is not resolved, which is also causing a hardship on the owner. The center has always had vacancies. The leasing agent has indicated lack of parking as a factor. Granting of this waiver would allow for up to an additional 10 parking spaces to be added to the lot. The parking would also be upgraded to include 2 bicycle parking racks as currently required in the city's ordinances. The requested waiver would reduce the 15 foot landscape requirement (adjacent to R.O.W.) along College Avenue and Sycamore by 9 feet. This would change the landscape between the parking and R.O.W. to 6 feet wide. Existing landscaping disturbed by the changes would be relocated on site as needed. Within the new 6 foot buffer, the owner will create a berm to plant a continuous hedge of existing plants and additional bushes, landscaping, and trees. A low wall, landscaping, or additional buffering required for you to permit this waiver request will also be considered. As a second option, we would like to request a 9' reduction of the right-of-way on both College Avenue and Sycamore Street. The right-of-way is 55' from the centerline of College Avenue and 35' from the centerline of Sycamore Street. It is our understanding that there is no plan to widen•college at this location. The owner is willing to relocate the sidewalks to the edge of the new right-of-way. This would still allow for the required 15' of landscaping between the sidewalks and parking area, so no landscape reduction would be needed. Existing landscaping would be relocated on site as needed, and new shrubs and trees would be planted in the new 15' landscape buffer, as well as the enlarged island in the middle of the parking lot. Recently the Board of Adjustment granted Ball Coffee (formerly Long John Silvers) a 9' building setback variance on Sycamore Street. In 1997/1998 Tune Plaza (across the street from Herman's), was given an administrative reduction in the landscape requirement from 15' to 5' along College Avenue. Sycamore Center was not offered a landscape reduction in 1999, but a reduction of spaces was mentioned as an option we could pursue. A waiver of 10 spaces was granted administratively. Attached are letters from the owner, the leasing agent, and some of the tenants of Sycamore Center. Thank you for your consideration on this waiver, and please feel free to contact me with any questions you may have rega ing se project. RECEIVED Sincerely, RECEIVED JUL 2n 20G5 OWOFFAVETTIEVALL CINCIERICSOFFCE Philip E. Hadfield 2397 Green Acres Road Fayetteville. Arkansas 72703 Phone: 4 7 9. 4 4 3. 7 1 2 1 E-mail: phll@mbl-arch.com Fax: 4 7 9. 4 4 3. 7 1 3 9 Miller Boskus Lack Architects, P.A. June 6, 2006 City Of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Dear Planning Commission, On behalf of the owner of 1680 N. College Avenue (Sycamore Center), I would like to request a Development Waiver. The owner requests a reduction of the 15 foot landscape requirement (adjacent to R.O.W.) along College Avenue and Sycamore by 9 feet. This would change the landscape between the parking and R.O.W. to 6 feet wide. Existing landscaping disturbed by the changes would be relocated on site as needed. Within the new 6 foot buffer, the owner will create a berm to plant a continuous hedge of existing plants and additional bushes, landscaping, and trees. The +/- 19 feet of grass between the sidewalk and the street curb on College Avenue would not be altered, and the +/- 16 feet on Sycamore Street would remain as well. A low wall, landscaping, or additional buffering required for you to permit this waiver request will also be considered.. The 11,324 sq.ft. retail building has 36 parking spaces. Due to the limited number of parking spaces, the tenants feel they arc losing business during peek hours of the day. With the spaces • full, people circle the parking lot and then leave. Granting of this waiver would allow for up to an additional 10 parking spaces to be added to the lot. The parking would also be upgraded to include 2 bicycle parking racks as currently required in the city's ordinances. Attached are letters from the owncr, the leasing agent,.and some of the tenants or Sycamore Center. Thank you for your consideration on this waiver, and please feel free to contact me with any questions you may have regarding the project. Sincerely, Philip E Hadfield Attachments: Letters from owner, Richard L. Thomas. Letters from leasing agent and tenants, (C 1.3) Existing landscape plan, (A1.2) Existing Parking (Roof Plan) (A1.3) Proposed parking & landscape plan 2397 Green Acres Road Fayetteville, Arkansas 72703 Phone: 4 7 9. 4 4 3. 7 1 2 1 E-mail: phil@mbl-arch.com Fax: 4 7 9. 4 4 3. 7 1 3 9 Richard L Thomas Trust 1971 W. 190th St.. # 100 Torrance, Ca 90504 (310)715-1300 June 9, 2006 City of Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, ARK 72703 Development Waiver for Sycamore Center Located at 1680.N. College Ave., Fayetteville, ARK Dear Planning Commission: I, Richard Thomas, am the owner of the Sycamore Center in Fayetteville. 1 have asked Mr. Philip Hadfield of Miller Boskus Lack Architects to represent me in my request for a Development \Vaiver for the Center Located at 1680 N. College Ave. in Fayetteville. Sincerely, /7 ,Richard Thomas Kd,OGoai„ Richard L. Thomas Trust 1971 W. 190th St , #100 Torrance, Ca 90504 (310)715-1300 • June 9, 2006 City of Fayetteville Planning Commission 113 W. Mountain St. Fayetteville, AR 72703 Re: Development Waiver for Sycamore Center located at 1680 N. College Ave., Fayetteville, AR Dear Planning Commission: I am the Owner of the Sycamore Center in Fayetteville. I am requesting a Development Waiver for the property to resolve a parking problem which I and the tenants have been dealing with for years. There is currently 37 feet of landscaping between the parking area and the property line on College Ave. and 40 feet of landscaping between the property line and the parking area on Sycamore Street We are requesting a 9 foot reduction in the landscape area to be added to the parking area. in order for us to add an additional 10 parking spaces. The remaining 28 feet of space would be heavily landscaped with trees and a hedge planted in front of the parking area. For years I have been trying to solve the parking dilemma in the Center. I have tried to lease parking spaces, with access from Sycamore Street, from the adjacent Keyport Storage facility. The manager stated that their can be no access from Sycamore Street. I have also on several occasions spoken with the owner of the storage facility about purchasing the parking lot behind my building. The owner was polite but not interested. I have also talked to the owner of the Radio Shack across Sycamore Street regarding emowsiit leasing parking spaces, he stated that he had no parking to spare. Also; I talked to the owner of the Acropolis Restaurant property to the south on College Ave., after he talked to his tenant, the restaurant, he stated that the restaurant was unwilling to lease any parking spaces. Last year I made an offer to purchase part of the vacant land behind and to the east of the Radio Shack. The owners were unwilling to sell a portion of the 1.8 acres on Sycamore Street. The tenants in the Sycamore Center have been•stating for years how they have been losing business because their customers have no place to park. Customers drive around and around the parking area and then leave the Center. One of my tenants Wireless Hookup, is moving next month because the parking situation is getting worse each year. It has always been difficult to lease the vacant units due to the parking problems. The center has never been fully occupied. However, the main concern is the existing tenants losing business due to the lack of parking for their customers. Lately there have been collisions in the parking area due to people double parking and cars backing up into those illegally parked cars. The people that are leasing in this Center are good tenants who would greatly benefit by having 10 additional parking spaces for their customers. I believe this can be accomplished and still have 28 feet of beautifully landscaped area between the parking area and College Avenue and Sycamore Street. Sincerely, /Rick Thomas ItiIt06O5m ��7 Lindsey & Associates, Inc. June 12. 2006 City of Fayetteville Planning Commission RE: Parking Sycamore Center 1680 N. College Ave. Fayetteville, AR Dear Planning Commission: I am the leasing agent for Sycamore Center. Over the past three years I have been responsible for locating tenants and securing leases for this ssh�opping of't is in need While showing available space, I have noticed a parking problem During the lunch time hours, from 11:00 am to 2:00 pm, it is nearly impossible to find a parking spot due to the heavy traffic that Quizno's Sub generates. I have also noticed the same problem from 5:00 to 6:00 in the evening. During these times I have witnessed multiple cars come into the parking lot, circle through without finding a spot, and then leave. I have shown space to many prospective tenants that have decided not to lease space in Sycamore Center, and the deciding factor for most of these people is the lack of parking. The lack of adequate parking at Sycamore Center has put a strain on thed be a betenants. s. as well as the owner. I think that an increase in available parking ues[ia b or it to the tenants, owner, and patrons of Sycamore Center. If you have any q ed further assistance in finding a solution to this problem do not hesitate to contact me. Sincerely, Bob Hopmann Senior Vice President Lindsey & Associates, Inc. 3900 FRONT STREET P.O. BOX 8'39E FAYI ITFVILLE, AR 72703 1/179) 521.6611 FAX (179) 521-3630 TOL I. FREE 115091 74E -S79.5 u5.vr.lirK1sey.o)m We Bring Great Neighbors Together 1nnZNlniwo.1) RbALIOR IC = CLEANERS 1680 N. College • Fayetteville, AR 72703 • 501/443-1417 July, 5, 2006 Mr. Rick Thomas 1971 W. 190th St., #100 Torrance, CA 90504 RE Additional Parking Spaces Sycamore Center 1680 N. College Fayetteville, Alt 72703 Dear Mr. Thomas, Please accept this letter as my request to provide additional parking spaces in the Sycamore Center of the above mentioned address. I am the owner of Royal Cleaners located in Suite 1 of the referenced property. I have been a tenant in the building since the year 2002 when I purchased the business. Since that time parking issues have become a critical concern to the existing tenants within the Center. I also believe this will have an affect on any future tenants being obtained for the property. The majority of the businesses are retail oriented and require ample parking for employees, but most important the general public. Access, parking and location are all key factors in the retail business and play an important role in our success. I appreciate your attention in this matter. If you have any questions or need to speak to me you can reach me at the Cleaners at 479-443-1417 or my cell phone at 479-601 6820. Sincerely, Jim Hanson June 9, 2006 City of Fayetteville, We are asking for a variance to enable us to get our parking lot enlarged to accommodate ten extra spaces. As it stands right now, there is not enough parking t6 handle the car volume that is there with the tenants that are currently occupying spaces in the strip mall now, and there are still unoccupied spaces. If those unoccupied spaces fill up the parking will become even worse than it already is. As it stands, we are loosing approximately 30% of business due to cars coming in and circling the lot and leaving because of no place to park. In addition to this problem there are a lot of accidents in the parking lot due to cars double parking and someone backing out and running into them. Thank you for your help in this matter. Sincerely, Chris Meyer n `,'D .RUL ? !u0S Designer Discount 1680 North College Ave., Suite ##2 Fayetteville, AR 72703 July 10, 2006 City of Fayetteville Planning Commission Dear Planning Commission: 1 am currently residing my business at 1680 North College Avenue in Fayetteville, Ar. Due to lack of parldng, I am not seeing the full potential of my business. We have had many customer complaints with lack of parking. We have also encountered. several cars that have backed into each other while the customers were trying to maneuver thru the double-parked cars in the Parking Lot I am also one that has had to turn a claim into niy auto insurance for this exact reason. Thank you, P"eith Burkhart REC ".i ''i "'•S,` JUL 1 0 LOUD City of Fayetteville Planning Commission June 23, 2006 Garrett Ward Bartlett Wireless HookUp (owner) Sycamore Center 1680 N College #6 Fayetteville, AR 72703 Dear Planning Commission, Our current lease expires in July 2006 with Mr. Thomas. We (Wireless HookUp) would consider signing a new lease if the parking situation improved. Right now with 6 of 7 suites occupied, customers are unable to find parking at any time during the day. We have been at this location for 5 years and have seen Toss of business and many fender benders due to double parking. The businesses had to make signs to restrict parking for'their patrons only, so the concept of a convenient shopping strip has been over taken by trees, shrubs, grass and cement curbs. Some of the trees and shrubs have suffered from large trucks running over them. I'll admit the landscape is nice for a city park but not for a small business with minimal parking. Sincere arrett Ward Bartlett 5 -Star Nails & Spa July 14, 2006 City of Fayetteville Planning Commission PLL.l is :-1 it 1680 N. College Ave, Suite # 5 Fayetteville, AR 72703 (479) 444- 7005 1 Re: Sycamore Center Parking Dilemma At 1680 N. College Ave, Fayetteville Dear Planning Commission: My business, and the rest of the businesses here, are dealing with a daily dilemma with the current parking situation. My sales have been suffering due to my customers not being able to find parking spaces in the Center. I understand that the Owner, Richard Thomas, is trying to obtain a development waiver to add ten additional parking spaces in the Center. This would be an enormous benefit to my business and the rest of the businesses at our location Please grant this Waiver so that our continual parking problem can be resolved. Thank you very much! Truly yours, /./I�... ung D r ach Owner of 5 -Star Nails and Spa �j® e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS • BOARD OF ADJUSTMENT • SPONDENCE BOA Meeting of June 5, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 • • oard of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: May 25, 2006 BOA 06-2096 (BALL COFFEE STORE, 368): Submitted by MANDY BUNCH for property located at 1705 N COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.44 acres. The requirement is for a 25' front building setback. The request is for a 16' setback (a 9' variance) along Sycamore Street. Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested variance as shown on the attached site plan with the following condition(s): 1. The proposed curb -cut from College Avenue shall be limited to a right -out only, designed accordingly with Planning and Engineering approval. This requirement will allow outbound traffic onto College Avenue, while restricting dangerous traffic turning movements out of the site. This requirements is subject to AHTD approval; should it not be approved, the applicant shall work with staff to determine the safest means possible for access to this property. Staff is recommending this access as part of the development review of this site, regardless of the Board ofAdjustment detennination, as it is development, not zoning related. 2. The proposed development shall comply with all development regulations in the C-2 zoning district. 3. The three (3) parallel parking spaces indicated to the west of the drive-thru shall be marked as employee only spaces, due to the difficulty in ingress/egress. 4. A building permit shall be obtained prior to commencement of any construction. 5. Future alterations to the proposed structure shall meet all requirements of the C-2 zoning district. June 5, 2006 Board of Adjustment BOA 06-2096 (Ball Coffee Store) Agenda Item 3 Page 1 of 16 6. In addition to all other landscape requirements; vegetation having a minimum height of one foot six inches at the time of planting and occupying 10% of the open area shall be installed in the available greenspace between the building and the right-of-way, with the issuance of a building permit, prior to Certificate of Occupancy in accordance with Fayetteville Unified Development Code Section 166.10(C)(4). Additional Conditions/Comments: BOAl2D OF ADJUST1VIElYIT ACTION. -- .tp_:0L pDen[ed 1%jotion - =z Second =.; = • Vote .= ti t; , —_ Dafe : `Junes; ?006 f — - } -The "...CONDITIONS Ok:ATPROVAL" listed to:this report age accepted to total withouteiceptitg by the. entity.requesting �pproval:t f this variance Date.: BACKGROUND: Property Description: The subject property is located at the northwest comer of N. College Ave. and Sycamore St., formerly Long John Silver's. The 1,900 square foot building lies within the C-2 zoning district with 31 parking spaces and two existing curb -cuts. The existing restaurant building, which was constructed in 1972, is currently a nonconforming structure as it encroaches 10' into the required 50' setback from College Ave. Additionally, the existing curb -cut onto College Ave., which is approximately 20' north of the intersection of College and Sycamore does not meet current ordinance requirements for separation from an intersection. This not only creates a dangerous traffic situation, but it also severely limits how the site can be redeveloped. Proposal: The applicants intend to construct a 1,800 sq. ft building with a drive-thru and outdoor patio area. As shown in Table 1, the applicant is requesting a 9' variance resulting in a 16' front building setback from the Sycamore Street right-of-way, to allow redevelopment of the site.' Planning staff and the applicants have reviewed several designs for the site. Three of the designs 1 It should be noted that the C-2 zoning district has a required 50' front building setback that may be reduced to 25' with landscaping in the front, and parking in the sides and rear of the lot. The subject property has incorporated this allowed setback reduction. K:IReporn120061BOA Reports106-05-061BOA 06-2096 (Bali coffee store).doc June 5, 2006 Board of Adjustment BOA 06-2096 (Ball Coffee Store) Agenda Item 3 Page 2 of 16 isiii m -n<^ rw 0 2 nar en a m _ O r D rn m CC �eD3 71n* da xx E(al o a a a w m .- CI aaLi y w A Lo VN N 2nN w al V n L 0 N C V 0 m n N n NO0'44109-E IND MD T 112.57 a a Om INN 5' PAVING SETBACK r -- L 1 N.COLLEGE A VENUE ='0'Qo.w '^asr2 s;rter it". June 5 200 Board of Adjustmen ROA ns -20q6 !Rall Coffee Stnro Agenda Item 3 Page 12 of 16 ra ••• tif r a) Ls ler 4 _ 411* flittg t's. 'It A <at") f s; .4. • II • • -.at - 0 -Pc• • • 'or a S • -• .f4 • • its I • ....;P:•4it, 0.- • ...no • • r • „ It15.•07.S2.7, alla_ - • ?" 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'4" Minn' .414.141%.,Nt,;47:4K left "c .4 • ' • • - • 01 "4 • • . • citi! 4...0179Si ' • '4- It:C7k441/1t4iit C.•*:‘,4„:2 '41.4 -••`'.IRC. 44 • ••• • 4— ••• 41 • Itarasalwr7—.. :ate- c0 st.1 Cr -o r 1 N CCS a.. CD 6 CC— f) LU 0 0 (NI 0) r a) a 02D _c 115 2 0_ 0 i City Council Meeting of August 15, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: July 31, 2006 Subject: Administrative item for Sycamore Center (ADM 06-2164) RECOMMENDATION Planning staff recommends denial of the request for a waiver of landscaping requirements to accommodate additional parking on property located at the southeast corner of N. College Ave. and Sycamore St. BACKGROUND The subject property is located at the southeast corner of N. College Avenue and E. Sycamore Street and is zoned C-2, Thoroughfare Commercial. The property was redeveloped in 2001 with an 11,324 sq. ft. retail building with 36 parking spaces. As required by ordinance, the development provided a 15' landscape area between the N. College Ave. and Sycamore St. rights-of-way and the parking lot. The applicant proposes to reconfigure the parking lot to provide 10 additional parking spaces, for a total of 46. As proposed, the expansion of the parking lot would remove 9 feet of required green space along both College Ave. and Sycamore St., resulting in 6' landscape areas. The property owner and tenants have stated that they are losing business due to the limited number of existing parking spaces. DISCUSSION This Planning Commission voted 7-0-0 to deny the request on July 24, 2006. BUDGET IMPACT None. THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: July 17, 2006 ADM 06-2164 (SYCAMORE CENTER, 407): Submitted by MILLER BOSKUS LACK ARCHITECTS for property located at 1680 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a waiver of landscaping requirements to accommodate additional parking. Planner: JESSE FULCHER RECOMMENDATION: Staff recommends denial of the requested landscape waiver based on the findings herein. Also, please see the recommendation of the Urban Forester for this request, which is attached to this report. Additional Conditions/Comments: PLANNIN._G COMIVIISMOVAC43ON. p Approved Denied 0 Tabled :, . sX 'ice G fit .F,H�1�•-i Motron Ostne_r, ' Z r Second CAAAI F � �� "" Yn ': i'X. ✓ 'A ry l r _ a i �i _ - 4.& Vote:7 0 0 : $ y �. '. .e . r ti .. 1 I'a ` � 11n •. "1 Y. � ✓ 'r . e • q 3.A Date July 24. 2096 ; ., ttc. i�l ri' .�.: •:-:t. ' t I -' \ ' 4n V •Q:$. '• ' c BACKGROUND: Property description: The subject property is located at the southeast comer of N. College Avenue and E. Sycamore Street and is zoned C-2, Thoroughfare Commercial. The property was redeveloped in 2001 with an 11,324 sq. ft. retail building with 36 parking spaces. As required by ordinance, the development provided a 15' landscape area between the N. College Ave. and Sycamore St. rights -of -way and the parking lot. Proposal: The applicant proposes to reconfigure the parking lot to provide 10 additional parking spaces, for a total of 46. As proposed, the expansion of the parking lot would remove 9 feet of required green space along both College Ave. and Sycamore St., resulting in 6' landscape areas. The property owner and tenants have stated that they are losing business due to the limited number of existing parking spaces. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Parking Lot Landscaping (N. College Ave. frontage) 15' 6' (a 9 waiver) Parking Lot Landscaping (E. Sycamore St. frontage) 15' 6' (a 9' waiver) Fayetteville Unified Development Code (UDC) Requirements: Parking requirements for the existing 11,324 sq. ft. building are shown below. Parking Requirements for retail 1/250 sq. ft. (11,324 sq. ft.) 45 parking spaces required 58 parking spaces allowed with 30% increase 32 parking spaces allowed with 30% decrease SURROUNDING LAND USE AND ZONING: As depicted in Table 2, the site is surrounded by commercial uses. Table 2 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Retail Shopping Center C-2, Thoroughfare Commercial South Storage Facility C-2, Thoroughfare Commercial East Storage Facility C-2, Thoroughfare Commercial West Restaurant C-2, Thoroughfare Commercial GENERAL PLAN DESIGNATION: Regional Commercial FINDINGS: CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE CHAPTER 156: VARIANCES 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: Special Conditions. That special conditions and circumstances exist K:IReports110061PC Reports(07-24-06 ADM06-2164 (Sycamore Center Appeal).doc 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: There are no special conditions or circumstances which are peculiar to the property involved with this request. The subject property was redeveloped in 2001 under the current regulations for parking requirements. As permitted by ordinance, the applicants requested a 22% parking reduction, resulting in 36 parking spaces total for this development. The applicant had, at the time, the full ability to provide a greater number of parking spaces for future tenants by decreasing the square footage of the building or limiting the type of tenants in the center. 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 related to landscaping requirements will not deprive the applicant of any rights enjoyed by surrounding properties. Rather, it would allow for this applicant to create a nonconforming section of landscape area along College Ave. and Sycamore St. The property was recently redeveloped with an 11,324 sq. ft. retail building, which required 45 parking spaces. At the time of development the applicant could have provided up to 58 parking spaces by right. However, the applicant's proposal did not allow for the construction of 58 parking spaces, rather it only allowed for 36, based on the square feet of the proposed building. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The request for a landscape variance is a direct result of the actions of the applicant. The condition requiring a variance is a result of the applicants desire to renovate and expand the existing parking lot. Had the original design of the site and building considered the needs of individual tenants, the building design could have been changed, or reduced in size to allow more parking. Instead, an insufficient amount of parking was requested by the applicant. Staff finds there are no special conditions that exist on the property necessitating variances and furthermore finds the City should not be deprived of greenspace along a primary arterial street when the applicant has created a situation entirely controlled by the development of this property. The property owner fully controls the businesses that are provided space in this center; staff works daily with other shopping K:IReporlsO0061PC Report 07-24-061ADM 06-2164 (Sycamore Center Appeal).Aoc centers that have multiple tenants, in an effort to ensure the right mixture of tenants and parking ratio is present. 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 setback variances would grant special privileges on this applicant which are denied to surrounding properties within the same zoning district. Properties in this district are required to provide 15' of landscaping between parking lots and the Master Street Plan right-of-way. Granting a 9' variance as proposed would confer special privileges on this applicant that are denied to surrounding properties required to provide 15' of landscaping. Further, staff finds that granting the parking lot landscape variance is not in harmony with the general purpose and intent of zoning regulations or parking lot landscaping regulations. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No nonconformities of surrounding properties were considered as a basis of the findings stated in this staff report, as required by ordinance. Section 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. Finding: Staff finds that an undue hardship has not been placed on this K:IReporn120061PC Repons107-24-06UD.M 06-2164 (Sycamore Cenler Appeal).doc property, and that the situation is not unique to the property in question. The applicant requested approval in 2001 for an 11,324 sq. ft. retail building and 36 parking spaces. By right, the applicant could have provided up to 58 parking spaces, but decided to have a larger building rather than adequate parking. The special conditions and circumstances result from the actions of the applicant only providing 5 parking spaces per lease space (7 lease spaces and 36 parking spaces). In addition, one of the tenant spaces is leased by a restaurant, which by ordinance requires a minimum of 14 parking spaces. It would seem that the site has been overbuilt, though compliant with city ordinances. Staff finds that the granting of the variance would not be in harmony with the general purpose and intent of Development Chapters 166 and 172, and recommends that the applicant pursue other measures to remedy the situation. K: IReportsl2006V'C ReporisI07-24.061ADA106-2164 (Sycamore Center Appeal).doc CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE Section 172.07 Parking Lot Landscaping Requirements (D) Perimeter landscaping requirement. Parking lots containing five (5) or more spaces shall be landscaped meeting the following requirements: (1) Side and rear property lines. All parking lots shall have five feet (5') of landscaped area between the property line and parking lot. The two foot (2') vehicle overhang option may be included to meet this requirement. Depending on the use and location, additional area and screening may be required under § 166.10. Buffer strips and screening. (2) Property lines adjoining street right-of-way. (a) Residential zones. Except for permitted entrance drives, every parking lot shall be landscaped for an equal and uniform width of 15 feet parallel to the front property line(s) street right-of- way. (b) Nonresidential zones. Except for permitted entrance drives, every parking lot shall be landscaped for an equal and uniform width or 10 feet parallel to the front property line(s) street right-of-way. (3) Required plant material. Landscaping in these areas shall contain one tree every 30 linear feet plus a continuous planting of shrubs along the street right-of-way, exclusive of permitted entrance drives. Trees along the perimeter may be grouped to allow flexibility in design. The requirement for a continuous planting of shrubs is intended to lessen the effect of extensive paving. Groupings of shrubs are encouraged; however, a continuous planting will be required as well. A minimum 50% of shrubs shall be evergreen. Section 166.14 Commercial Design And Development Standards (b) Landscaping along front property lines. (i) Landscaped area required. A 15 foot wide landscaped area shall be provided along the front property line exclusive of right-of-way. Entrance drives, exit drives, and sidewalks are allowed to cross the 15 foot landscaped area provided the integrity of the landscaped area is maintained. Residential uses and zoning district C-3 and CA shall be exempt from this requirement. K:I Reports120061 pC Reports107-24-06UD.b4 06-2164 (Svca,nore Center Appeat).doc 161.17 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel. motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Professional offices Unit 33 Adult live entertainment dub or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 It. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code 1965, App. A., Art. 5(V 1); Ord. No. 1833, 1 I -I-71; Ord. No. 2351, 6-2-77; Ord. No. 2603,2-19-80; Ord. No. 1747, 6-29-70; Code 1991, S 160.036; Ord. No. 4034, §3, 4, 4-15-97; Oid. No. 4100, §2 (Fx.. A), 6-I6-98; Ortl. No. 4178, 8-31-99; Oid. 4727, 7-19- 05) K:IRetwrrs110061PC Repwrts107-24-061ADM 06-2164 (Sycamore Center Appeal).doc ff yy PV 4 yy y f 1 F y 1 i i �• 1` ARKANSAS 113 W. Mountain St. phon THE CITY OF FAYETTEVILLE, ARKANSAS47 44 72701 - Telephone: ( {479) 444-3470 PARKS AND RECREATION DIVISION Date: July S, 2006 From: Sarah K. Patterson, Urban Forester Subject: Administrative Item for Sycamore Center Staff does not support the waiver request to minimize the green space along Business 71 or Sycamore Street. It is the intent of the City and this Division to maintain existing green space while encouraging increase along our City streets. Business 71 has been identified as an area that would greatly benefit from increased green space and vegetation. Justifiably this request would conflict with our continuing goal. Miller Boskus Lack June 6, 2006 City Of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Dear Planning Commission, Architects, P.A. On behalf of the owner of 1680 N. College Avenue (Sycamore Center), I would like to request a Development Waiver. The owner requests a reduction of the 15 foot landscape requirement (adjacent to R.O.W.) along College Avenue and Sycamore by 9 feet. This would change the landscape between the parking and R.O.W. to 6 feet wide. Existing landscaping disturbed by the changes would be relocated on site as needed. Within the new 6 foot buffer, the owner will create a berm to plant a continuous hedge of existing plants and additional bushes, landscaping, and trees. The +/- 19 feet of grass between the sidewalk and the street curb on College Avenue would not be altered, and the +/- 16 feet on Sycamore Street would remain as well. A low wall, landscaping, or additional buffering required for you to permit this waiver request will also be considered. The 11,324 sq.ft. retail building has 36 parking spaces. Due to the limited number of parking spaces, the tenants feel they are losing business during peek hours of the day. With the spaces full, people circle the parking lot and then leave. Granting of this waiver would allow for up to an additional 10 parking spaces to be added to the lot. The parking would also be upgraded to include 2 bicycle parking racks as currently required in the city's ordinances. Attached are letters from the owner, the leasing agent, and some of the tenants of Sycamore Center. Thank you for your consideration on this waiver, and please feel free to contact me with any questions you may have regarding the project. Sincerely, Philip E. Hadfield Attachments: Letters from owner, Richard L. Thomas. Letters from leasing agent and tenants, (C1.3) Existing landscape plan, (AI.2) Existing Parking (Roof Plan) (Al.3) Proposed parking & landscape plan 2397 Green Acres Road Fayetteville, Arkansas 72703 Phone: 479.443.7 1 2 1 E-mail: phil@mbl-arch.com Fax: 479. 4 4 3. 7 1 3 9 Richard L. Thomas Trust 1971 W. 190'' St., # 100 Torrance, Ca 90504 (310)715-1300 June 9, 2006 City of Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, ARK 72703 Re: Development Waiver for Sycamore Center Located at 1680 N. College Ave., Fayetteville, ARK Dear Planning Commission: I, Richard Thomas, am the owner of the Sycamore Center in Fayetteville. I have asked Mr. Philip Hadfield of Miller Boskus Lack Architects to represent me in my request for a Development Waiver for the Center located at 1680 N. College Ave. in Fayetteville. Sincerely, ch homas WRIT.vrra Richard L. Thomas Trust 1971 W. 190th St., #100 Torrance, Ca 90504 (310)715-1300 June 9, 2006 City of Fayetteville Planning Commission 113 W. Mountain St. Fayetteville, AR 72703 Development Waiver for Sycamore Center located at 1680 N. College Ave., Fayetteville, AR Dear Planning Commission: I am the Owner of the Sycamore Center in Fayetteville. I am requesting a Development Waiver for the property to resolve a parking problem which I and the tenants have been dealing with for years. There is currently 37 feet of landscaping between the parking area and the property line on College Ave. and 40 feet of landscaping between the property line and the parking area on Sycamore Street. We are requesting a 9 foot reduction in the landscape area to be added to the parking area in order for us to add an additional 10 parking spaces. The remaining 28 feet of space would be heavily landscaped with trees and a hedge planted in front of the parking area. For years I have been trying to solve the parking dilemma in the Center. I have tried to lease parking spaces, with access from Sycamore Street, from the adjacent Keyport Storage facility. The manager stated that their can be no access from Sycamore Street. I have also on several occasions spoken with . the owner of the storage facility about purchasing the parking lot behind my building. The owner was polite but not interested. I have also talked to the owner of the Radio Shack across Sycamore Street regarding leasing parking spaces, he stated that he had no parking to spare. Also, I talked to the owner of the Acropolis Restaurant property to the south on College Ave., after he talked to his tenant, the restaurant, he stated that the restaurant was unwilling to lease any parking spaces. Last year I made an offer to purchase part of the vacant land behind and to the east of the Radio Shack. The owners were unwilling to sell a portion of the 1.8 acres on Sycamore Street. The tenants in the Sycamore Center have been stating for years how they have been losing business because their customers have no place to park. Customers drive around and around the parking area and then leave the Center. One of my tenants, Wireless Hookup, is moving next month because the parking situation is getting worse each year. It has always been difficult to lease the vacant units due to the parking problems. The center has never been fully occupied. However, the main concern is the existing tenants losing business due to the lack of parking for their customers. Lately there have been collisions in the parking area due to people double parking and cars backing up into those illegally parked cars. The people that are leasing in this Center are good tenants who would greatly benefit by having 10 additional parking spaces for their customers. I believe this can be accomplished and still have 28 feet of beautifully landscaped area between the parking area and College Avenue and Sycamore Street. Sincerely, Rick Thomas Rtlt0605m Lindsey A • 1 a' ts June 12, 2006 City of Fayetteville Planning Commission RE: Parking Sycamore Center 1680 N. College Ave. Fayetteville, AR Dear Planning Commission: I am the leasing agent for Sycamore Center. Over the past three years I have been responsible for locating tenants and securing leases for this shopping center. While showing available space, I have noticed a parking problem that is in need of repair. During the lunch time hours, from 11:00 am to 2:00 pm, it is nearly impossible to find a parking spot due to the heavy traffic that Quizno's Sub generates. I have also noticed the same problem from 5:00 to 6:00 in the evening. During these times I have witnessed multiple cars come into the parking lot, circle through without finding a spot, and then leave. I have shown space to many prospective tenants that have decided not to lease space in Sycamore Center, and the deciding factor for most of these people is the lack of parking. The lack of adequate parking at Sycamore Center has put a strain on the current tenants, as well as the owner.. I think that an increase in available parking would be a benefit to the tenants; owner, and patrons of Sycamore Center. If you have any questions or need further assistance in finding a solution to this problem do not hesitate to contact me. Sincerely, Bob opmann Senior Vice President Lindsey & Associates, Inc. 3900 FRONT STttEEr P.O. BOX 8098 F"AYt'FFVIL E, AR 72703 (479) 521-6611 FAX (4 79) 521-3630 TOLI. FREE 1(800) 748-8798 wurvr.lirdsey.com We Bring Great Neighbors Together REALTOR Z d 6?L 189c89 ON/05: £ l '13/09: E. 9002 Z L Nlf (NON) wca� JULi G GUJU Designer Discount 1680 North College Ave., Suite ##2 Fayetteville, AR 72703 July 10, 2006 City of Fayetteville Planning Commission Dear Planning Commission I am currently residing my business at 1680 North College Avenue in Fayetteville, Ar. Due to lack of parking, Tam not seeing the full potential of my business. We have had many customer complaints with lack of parking. We have also encountered several cars that have backed into each other while the customers were trying to maneuver thru the double-parked cars in the Parking Lot. I am also one that has had to turn a claim into- my auto insurance for this exact reason. Thank you, /�4 t rth Burkhart A N E R S 1680 N. College • Fayetteville, AR 72703 • 501/443-1417 July, 5, 2006 Mr. Rick Thomas 1971 W. 190th St., #100 Torrance, CA 90504 RE: Additional Parking Spaces Sycamore Center 1680 N. College Fayetteville, AR 72703 Dear Mr. Thomas, Please accept this letter as my request to provide additional parking spaces in the Sycamore Center of the above mentioned address. I am the owner of Royal Cleaners located in Suite I of the referenced property. I have been a tenant in the building since the year 2002 when I purchased the business. Since that time parking issues have become a critical concern to the existing tenants within the Center. I also believe this will have an affect on any future tenants being obtained for the property. The majority of the businesses are retail oriented and require ample parking for employees, but most important the general public. Access, parking and location are all key factors in the retail business and play an important role in our success. I appreciate your attention in this matter. If you have any questions or need to speak to me you can reach me at the Cleaners at 479-443-1417 or my cell phone at 479-601-6820. Sincerely, Jim Hanson 1680 N College Suite # 7 Fayetteville, Ar. 72703 Phone (479)442-0515 Fax (479)442-0517 June 9, 2006 City of Fayetteville, We are asking for a. variance to enable us to get our parking lot enlarged to accommodate ten extra spaces. As it stands right now, there is not enough parking to handle the car volume that is there with the tenants that are currently occupying spaces in the strip mall now, and there are still unoccupied spaces. If those unoccupied spaces fill up the parking will become even worse than it already is. As it stands, we are loosing approximately 30% of business due to cars coming in and circling the lot and leaving because of no place to park In addition to this problem there are a lot of accidents in the parking lot due to cars double parking and someone backing out and running into them. Thank you for your help in this matter. Sincerely, Chris Meyer I REC i Y ZOOfi 1680 N. College Ave, Suite #5 Fayetteville, AR 72703 (479) 444- 7005 July 14, 2006 City of Fayetteville Planning Commission Re: Sycamore Center Parking. Dilemma At 1680 N. College Ave, Fayetteville Dear Planning Commission: My business, and the rest of the businesses here, are dealing with a daily dilemma with the current parking situation. My sales have been suffering due to my customers not being able to find parking spaces in the Center. I understand that the Owner, Richard Thomas, is trying to obtain a development waiver to add ten additional parking spaces in the Center. This would be an enormous benefit to my business and the rest of the businesses at our location. Please grant this Waiver so that our continual parking problem can be resolved. Thank you very much! Truly yours, ung D ach Owner of 5 -Star Nails and Spa . 1, V ✓ _ V u J City of Fayetteville Planning Commission June 23, 2006 Garrett Ward Bartlett Wireless HookUp (owner) Sycamore Center 1680 N College #6 Fayetteville, AR 72703 Dear Planning Commission, Our current lease expires in July 2006 with Mr. Thomas. We (Wireless HookUp) would consider signing a new lease if the parking situation improved. Right now with 6 of 7 suites occupied, customers are unable to find parking at any time during the day. We have been at this location for 5 years and have seen loss of business and many fender benders due to double parking. The businesses had to make signs to restrict parking for their patrons only, so the concept of a convenient shopping strip has been over taken by trees, shrubs, grass and cement curbs. Some of the trees and shrubs have suffered from large trucks running over them. I'll admit the landscape is nice for a city park but not for a small business with minimal parking. ADM06-2164 SYCAMORE CENTER Close Up View i" - Yzi C kt ' .thy r/ •. i j r `S C � ;fr a �• � M . �,"i., 9 � FSF.C 2��.. •fitCC ^'•J Y w•�-` tee. �' a.i� a Y - W r+tom t r ; f(fr i tr4. . � rPr SF4- G2 If pe"> �� uJ 3 Y d /9P/j 'fr � zti a I1tj _ rsr't.z p a.D SUBJECT PROPERTY ___/ /1SYCAMORE ST _ - ��y}'S(YCAMORF.ST .. .T.,L.il�'IiN {y�P� ae jai ' / 7 fN 1� Y--. / 'Yer 1 l � ^4' / 'T:. t f f � � � '!""I /. /film ? M T ed'Ik��5T. - • I.4 P1 li. In"r n.?y(l -..w ' 4q1 rFN tl'9,. { G^' 3F i'IV'it ��` �'' i f '.- II ti ef�Fn"j'?sx Cad , A''"'' \ u` Ir..i t 5I yi 9i k,ys +4w MF � . 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