HomeMy WebLinkAbout217-06 RESOLUTION•
RESOLUTION NO. 217-06
A RESOLUTION REDUCING THE RIGHT OF WAY DEDICATION
REQUIRED FROM NORTH STREET CENTERLINE FROM 55 FEET
TO 32 FEET ACCOMODATING THE EXISTING STRUCTURE AND
PROPOSED DEVELOPMENT FOR PROPERTY LOCATED AT 1104
N. COLLEGE AVENUE AS DESCRIBED IN ITEM ADM 06-2322.
WHEREAS, numerous existing structures are within the required Master Street Plan
right-of-way for North Street in this vicinity, including an existing structure on the
subject property that would have to be removed for redevelopment if required to comply
with the current Master Street Plan;
WHEREAS, the required 55 feet from centerline Master Street Plan nght-of-way for this
portion of North Street is not deemed necessary for future road expansion and the
applicant has agreed to dedicate adequate right-of-way to accommodate future road
expansion;
WHEREAS, considerable expansion of North Street in this vicinity would be of great
expense to the City to purchase properties and structures;
WHEREAS, the City Council encourages improvement and renovation of properties
along Highway 71 B/College Avenue.
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
approves a reduction of right-of-way for this property along North Street from 55 feet to
32 feet from centerline, as demonstrated in Exhibit "A."
Section 2: That this approval for the reduction of right-of-way is subject to the
conditions of approval as follows, and shall not be in effect until all conditions are met
herein:
1. The applicant shall dedicate right-of-way for a total 32' right-of-way from the
centerline of North Street prior to the issuance of a building permit. The City
recognizes the existing parking which will be located within the right-of-way. The
parking may remain until such time as the right-of-way is necessary or a new
development or expansion of 100% or more of the existing structure occurs.
2. At the time of development or change of use on the property, the curb cut on
North Street shall be modified to allow right -in and right -out ingress and egress
only The curb cut onto College Avenue may allow two-way traffic with the
exiting traffic limited to a right -out only. Signs and markings on the pavement
shall be installed to effectively direct traffic.
3. Landscaping to meet city code shall be installed, as determined appropriate.
PASSED and APPROVED this 19th day of December, 2006.
APPROVED:
ATTEST:
By: ,tea �%1�l� By: ,.11 SMA
DAN COOD , Mayo SONDRA SMITH, City Clerk/Treasurer
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Jeremy Pate
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
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21 -Nov -06.
City Council Meeting Date
Planning
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Action Required:
ADM 06-2322 (North Street ROW Dedication Variance): Submitted by Josh and Eloise Pettit for property located at 1104 N.
College Avenue requesting a variance of the Master Street Plan right-of-way for North Street from 55' to 44' from centerline to
allow the existing building footprint to remain within the right-of-way and additions to the building which will further encroach
within the Master Street Plan right-of-way.
$0.00
Cost of this request
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Budgeted Item
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Category/Project Budget
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Funds Used to Date
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Remaining Balance
Budget Adjustment Attached
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Program /:Project Category Name
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Previous Ordinance or Resolution # n/a
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Depa nt Dir for Date Original Contract Date: n/a
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Finance and Internal Service Director
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Mayor
Comments:
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Date
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Date
Original Contract Number: n/a
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City Council Meeting of November 21, 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 Plannin'
Date: October 27, 2006
Subject: Master Street Plan Amendment for North Street Right-of-way at 1104 N.
College Avenue (ADM 06-2322).
RECOMMENDATION
Planning Staff recommends approval of a Master Street Plan amendment to reduce the
right-of-way on North Street, east of College Avenue, from 55' to 44' from centerline at
1104 N. College Avenue to allow renovation and expansion of the existing structure on
the property.
BACKGROUND
•
'.Oh October 23, 2006, the Planning Commission approved the requested Master Street
Plan amendment unanimously. Additionally, the Board of Adjustment -approved -a- - - . -
variance toallow the structure to be constructed to the Master Street Plan. right-of-way..
line. The existing building on this property, along with most of those along North Street
and College Avenue, encroach partially or totally into the Master Street Plan right-of-
way, which currently requires a total of 110 feet. In order to develop the Master Street
Plan cross-section in this manner, most of the buildings along North Street in this area
would require purchasing and demolition. It was with this in mind that the Planning
Commission and Board of Adjustment made their recommendations. Discussion
regarding the feasibility of future expansion of the street did occur at these meetings; the
Planning Commission ultimately found that encouraging projects to renovate and
improve the businesses in this area is essential, and that future street improvements could
potentially occur within the right-of-way currently existing. The Street Committee has
not considered this item.
DISCUSSION
The Planning Commission voted 8-0-0 in favor of this request on October 23, 2006.
BUDGET IMPACT
None.
RESOLUTION NO.
A RESOLUTION REDUCING THE RIGHT OF WAY DEDICATION REQUIRED
FROM NORTH STREET CENTERLINE FROM 55 FEET TO 44 FEET
ACCOMODATING THE EXISTING STRUCTURE AND PROPOSED
DEVELOPMENT FOR PROPERTY LOCATED AT 1104 N. COLLEGE AVENUE AS
DESCRIBED IN ITEM ADM 06-2322.
WHEREAS, numerous existing structures are within the required Master Street Plan
right-of-way for North Street in this vicinity, including. an existing structure on the
subject property that would have to be removed for redevelopment if required to comply
with the current Master Street Plan;
WHEREAS, the required 55 feet from centerline Master Street Plan right-of-way for this
portion of North Street is not deemed necessary for future road expansion and the
applicant has agreed to dedicate adequate right-of-way to accommodate future road
expansion;
WHEREAS, considerable expansion of North Street in this vicinity would be of great
expense to the City to purchase properties and structures;
WHEREAS, the City Council encourages improvement and renovation of properties
along Highway 71 B/College Avenue.
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
approves a reduction of right-of-way for this property along North Street from 5 5 feet to
44 feet from centerline, as demonstrated in Exhibit "A."
Section 2: That this approval for the reduction of right-of-way is subject to the
conditions of approval as follows, and shall not be in effect until all conditions are met
herein:
1. The applicant shall dedicate right-of-way for a total 44' right-of-way from the
centerline of North Street prior to the issuance of a building permit. The City
recognizes the existing parking which will be located within the right-of-way. The
parking may remain until such time as the right-of-way is necessary or a new
development or expansion of 100% or more of the existing structure occurs.
2. At the time of development or change of use on the property, the curb cut on
North Street shall be modified to allow right -in and right -out ingress and egress
only. The curb cut onto College Avenue may allow two-way traffic with the
exiting traffic limited to a right -out only. Signs and markings on the pavement
shall be installed to effectively direct traffic.
3. Landscaping to meet city code shall be installed, as determined appropriate.
PASSED and APPROVED this day of 2006.
APPROVED: ATTEST.
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
Ex4i\B11 "A"
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Y ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING COMMISSION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: October 16, 2006
PC Meeting of October 23, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 06-2322: (North Street ROW Dedication Variance) Submitted by Josh Pettit for
property located at 1104 N. College Avenue requesting a variance of the Master Street Plan right-
of-way for North Street in the manner indicated to allow the existing building footprint to remain
within the right-of-way and additions to the building which will further encroach within the
Master Street Plan right-of-way.
BACKGROUND:
The subject property is located at 1104 N. College Avenue, at the northeast corner of College
Avenue and North Street. The property is zoned C-2, Thoroughfare Commercial. According to
County tax records, the 1,800 square foot building and parking was constructed in 1966 as a
pharmaceutical store.
Proposal: The applicant proposes to remodel and repair the existing structure to utilize it for
restaurant use. The proposed additions include the following:
1. A 540 square foot addition is proposed to the north of the structure;
2. A 172.25 square foot addition is proposed at the southeast corner;,
3. Remodel of the roof which would result in the addition of a 1.foot eave around the
entirety of the building.
The existing structure is nonconforming, as it encroaches within the required building setback
and Master Street Plan right -of --way setback adjacent to North Street. The 540, square foot
addition to the north will not encroach into any setback; however, the 172.25 square foot addition
and eave addition will extend the existing encroachment into the setback and proposed Master
Street Plan right-of-way of North Street.
The Board of Adjustment reviewed and approved a proposal for a 0' building setback on North
Street. The site plan reviewed by the Board of Adjustment varied from the site plan submitted
for Planning Commission review. The addition at the southeast corner of the structure had been
proposed to be 26.5' by 5' for a total 132.5 square foot addition as opposed to the 172.25 square
K: IReporu120061PC Repores110-23-06W DM 06-2322 (MR) Variance of North Street).doc
foot addition currently proposed. Board of Adjustment approval is required to permit the larger
addition.
A variance of the existing and Master Street Plan right-of-way is required to be approved by the
Fayetteville City Council in order to allow the renovation and additional construction of the existing
- structure on the property as proposed by the applicant.
The Master Street Nan in its entirety was adopted in 1996, after several public meetings to discuss
future collector and arterial connections. The existing structures on this property, along with most of
the other older buildings along North Street and the adjacent College Avenue, encroach partially or
totally into the Master Street Plan right-of-way, which currently requires a total of 110 feet. In order
to develop the Master Street Plan cross-section in this mariner, most of the older buildings along
North Street and College Avenue vicinity would require purchasing and demolition.
Request The request is to vary the Master Street Plan right-of-way dedication requirements on
North Street from 55' to 44' from centerline to allow the existing structure to remain in its
current location and to allow additions to the structure within the Master Street Plan right-of-
way. This is a variance of Chapter 166.18 Master Street Plan setbacks, which requires all
structures and improvements to be located outside of setbacks established by the Master Street
Plan right-of-way.
RECOMMENDATION:
Planning staff recommends approval of a resolution to vary the North Street Master Street Plan right-
of-way.at 1104 N. College Avenue from 55' to 44', to grant an allowance to renovate and construct
an addition to the existing buildings on the site. As depicted on the drawings and survey attached to
this report, the renovation and additional construction will extend the existing structures 1' further
south and 6.5' further east into the right-of-way.
Recommended conditions of approval:
1; The applicant shall dedicate- right-of-way for a total 44' right-of-way from the centerline of
North Street prior to the issuance of a building permit. The City recognizes the existing
parking which will be located within the right-of-way. The parking may remain until such
time as the right-of-way is necessary or a new development. or expansion of 100% or more of
the existing structure occurs.
2. At the time of development or change of use on the property, the curb cut on North Street
shall be modified to allow right -in and right -out ingress and egress only. The curb cut onto
College Avenue may allow two-way traffic with the exiting traffic limited to a right -out only.
Signs and markings on the pavement shall be installed to effectively direct traffic.
3. Landscaping to meet city code shall be installed, as determined appropriate.
K:IReports120061PC Reports110-23-06WDM 06-2322 (M5P Variance of North Street). doe
Staff finds that this variance of the existing and Master Street Plan right-of-way in this location
maintains the integrity and purpose of the Master Street Plan, and allows for a reasonable use of the
existing structures where they are currently located. The City Council must also review and approve
this right-of-way variance, and will take both staff's and the Planning Commission's comments as
part of their review.
PLANNING COMMISSION ACTION: Required YES
/
✓ Forwarded to City Council for Approval _ Tabled _ Denied
Motion:
Date: October 23, 2006
K:1Reports120061PC Reportsll0-23-0614DM 06-2322 (ASP Variance of North Street}.doc
•
Unified Development Code
Chapter 166 - Development
166.18 Master Street Plan Setbacks
The city shall require the applicant/developer to establish a right-of-way setback line based on the
right-of-way requirements for streets and highways designated by the Master Street Plan. Such
setback line shall be considered the property line for such purpose of satisfying the requirements of
the UDO: All building setbacks, required landscaping, parking Tots, display areas, storage areas and
other improvements and uses shall be located outside of such established setback area. The required
width of setbacks, landscaped areas, buffers, and all other setback requirements shall be dimensioned
from the established right-of-way setback line. The establishment of any new structure or other
improvements within the right-of-way setback is prohibited.
•
K:IReports12006 PC Reports110-23-06W DM 06-2322 (ASP Variance of North Street).doc
October 17, 2006
Variance Applibatidi
1104 N College Me)
Fayetteville, AR 72701
Planning Commission
FILE coy
Applicant::PettrtLiving Trust/ Josh and Eloise Pettit
We are proposing improvements and building additions that require a variance for
1104 N College Ave.. The existing building was constructed in 1966 as a pharmacy.
The current square footage is 1800 sf We are proposing a 540 sf addition on the north
side of the structure, a 172.25 sf addition on the east side of the structure, and a new roof
for the existing building. This space is currently used as a car sales office, but it is our
intention to convert it into a restaurant. The required number of parking spaces for a
restaurant is 1 per 100sf, with a 30% variance. We propose 21 standard spaces with 1
handicap accessible space, which would meet the requirements.
The existing building and proposed addition are in violation of the MSP ROW of
North Street We have been approved for a variance by the Board of Adjustments with
certain conditions. One of these conditions is to have a variance for the Master Street
Plan right-of-way setback. As we understand it, this request must go to the Planning
Commission before going to the City Council. This variance is required before applying
for a building permit and before any structural work or improvements exceeding 10% of
the bwlding's value can be done. The east addition would follow the line of the existing
building. We would like to add one foot to the building footprint to the south for roof
eaves overhang. We are adding this addition to the east side to create space for the
restaurant kitchen. We are proposing adding an 8/12 hipped roof to improve the
appearance of a rather unattractive block building and to take care of some leakage in the
existing roof.
The existing structure was built prior to the MSP and prior to current district
regulations/set backs, and is therefore a special condition particular to this property.
Literal interpretation of the provisions of current ordinances relating to a non -conforming
structure would greatly limit our ability to improve, repair, or add to the existing
structure_ These rights are commonly enjoyed by the other properties in the same district
The location of the existing building is not a result of the actions of the applicant. The
granting of this variance will not confer on us any special privilege that is denied by
ordinance to other lands, building, or structures in the same district.
We thank you for your time and consideration in this matter_ If you have any questions,
please contact us at (479) 957-8343 or (479) 957-7703.
Josh Pettit and loise Petti
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November 17, 2006
Variance Application
1104 North College Ave.
Fayetteville, AR 72701
City Council
Applicant: Pettit Living Trust/Josh & Eloise Pettit
We are proposing improvements and building additions that require a variance
for 1104 N College Avenue. The existmg building was constructed in 1966 as a
pharmacy. The current square footage is 1800 sf. We are proposing a 540 sf
addition on the north side of the structure, a 172.25 sf addition on the east side of
the structure, and a new roof for the existing building. This space is currently used
as a car sales office, but it is our intention to convert it into a restaurant. The
required number of parking spaces for a restaurant is 1 per 100 sf, with a 30%
variance. We propose 21 standard spaces with 1 handicap accessible space, which
would meet the requirements.
The existing building and proposed addition are in violation of the MSP ROW of
North Street. We have been approved for a variance by the Planning Commission
with certain conditions. One of these conditions is to have a variance for the MSP
right -of -way setback. This variance is required before applying for a building
permit and before any structural work or improvements exceeding 10% of the
building s value could be done The east addition would follow the line of the
existing building. We would like to add one foot to the building footprint for roof
eaves overhang. We are adding this addition to the east side to create space for the
restaurant kitchen. We are proposing adding an 8/12 hipped roof to improve the
appearance of a rather unattractive block building and to take care of some leakage
in the existing roof. We understand that if North Street were widened we could lose
2 parking spaces.
The Planning Commission approved our proposal with three conditions, one of
which was the dedication of 44 feet on the south side of the property This staff
recommended condition is not acceptable to us. However, we would be willing to
dedicate 32 feet, which would allow 13 feet for a turning lane and 6 feet for a
sidewalk Another condition was that we would install landscaping to meet city
codes ` as determined appropriate." We find this language too vague. Attached is
our site plan showing the only areas available for green space. This is the
maximum green space available if we are to retain enough parking. Please note the
drainage plume directly behind the concrete retaining wall which makes that space
RECEIVE®
NOV 17 2006
CCITY CLERK'S
unavailable for landscaping. We are speaking with the State Highway Department
about the possibility of utilizing the existing green space between College Avenue
and the retaining wall for landscaping.
We thank you for your time and consideration in this matter. If you have any
questions, please contact us at (479)957-8343 or (479)957-7703.
Respectfully,/�
OIL
Josh Pettit and Eloise Pettit