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Home My WebLink About34-06 RESOLUTIONRESOLUTION NO. 34-06 A RESOLUTION TO APPROVE A VARIANCE FROM THE MASTER STREET PLAN SETBACK REQUIREMENTS OF §166.18 OF THE U.D.C. AND DEDICATION REQUIREMENTS OF§ 171.03 OFTHEUDC WHEREAS, § 156.03 Development of the U.D.C. allows variance of development regulations for undue hardship; and WHEREAS, § 166.18 Master Street Plan Setbacks prohibits any new development within Master Street Plan Setbacks; and WHEREAS, § 171.03 Street Improvements require dedication of right of way to comply with the Master Street Plan unless the City Council varies the right of way dedication requirement for undue hardship. 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 finds that a variance of § 166.18 should be granted to Emperor Investment, LLC due to undue hardship from this long established business to the extent that the proposed renovation of the existing structure and an addition to the existing buildings on the site may be accomplished so long as there is no increase of encroachment further north into the state highway right of way and they conform to the attached survey plat (Exhibit A). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the right of way dedication requirements of § 171.03 should be varied because of undue hardship to allow the renovation and additions planned by Emperor Investment, LLC pursuant to its survey plat attached as Exhibit A. PASSED and APPROVED this 7th day of March, 2006. APPROVED: ATTEST: By: DA COODY, Mayor emir, fry, LOWr !fel SSG .(SI C D!F •;4, FAYETTEVILLE: •1 1 '�iP'.R/fAtIS: ��.�� By: &ac..+ y X ww�� • SONDRA SMITH, City Clerk "1.44/G TON �Ir mD ti m .21 U\ y\�letS 0' G .73 d \ 1 SPACE 25' B.S.B. 5. SPACES N rn c4611•1N pasodoJJ) to AA S00'10' 1 1 "W -p^18 I F k Wivi.t't'v L61-949 WQy 99.16' • Si ay r O x Jeremy Patel Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7 -Mar -06 City Council Meeting Date Planning Division Action Required: tied ,0( 30 4 ,pM aiI f 7 Archibald athi Operations Department ADM 06-1937 (Archibald Yell Boulevard ROW Variance): Approval of a variance from the existing and Master Street Plan right-of-way for Archibald Yell Boulevard (State Highway 71 Business) in the manner indicated to allow the existing building footprint to remain within the right-of-way. N/A Cost of this request N/A Account Number Project Number Budgeted Item N/A Category/Project Budget N/A Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name ector City Atto, y Finance and Internal Service Director Mayor %coo 2./S- n Date Dale Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Received in Mayor's Office Date Comments: City Council Meeting of March 7, 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: February 14, 2006 Subject: Master Streei Plan Right -of -Way Dedication Variance (ADM 06-1937) RECOMMENDATION Planning Staff recommends approval of a Master Street Plan variance to vary the Master Street Plan right-of-way dedication requirements on Archibald Yell Boulevard from 55' to 35' from centerline to allow the existing structure to remain in its current location. Additionally, the applicant requests recognition by the City Council that the existing Archibald YeII Boulevard right-of-way at 230 East Avenue encroaches into the existing structure, and to allow the renovation and additional construction of the existing structure on the property. As depicted on the drawings and survey attached to this report, the renovation and additional construction shall not extend the existing structures any further north into the right-of-way. While not vacating existing state highway right-of-way, staff also recommends recognition of the encroachment of right-of-way into the structure. 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. BACKGROUND On October 24`h, the Planning Commission approved the requested Master Street Plan variance unanimously. Building setback variances were approved on February 6, 2006 by the Fayetteville Board of Adjustment to allow for existing nonconforming building setbacks. The existing structures on this property, along with most of the other older buildings along College Avenue and Archibald Yell Boulevard, 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 older buildings along College Avenue and the Archibald Yell Boulevard vicinity would require purchasing and demolition. The structures are also located within the existing dedicated right-of-way which is 50' from centerline. DISCUSSION The Planning Commission voted 9-0-0 in favor of this request on February 13, 2006_ BUDGET IMPACT None. RESOLUTION NO. A RESOLUTION TO APPROVE A VARIANCE FROM THE MASTER STREET PLAN SETBACK REQUIREMENTS OF §166.18 OF THE U D C AND DEDICATION REQUIREMENTS OF §171.03 OF THE U.D.C. WHEREAS, §156.03 Development of the U.D.C. allows variance of development regulations for undue hardship; and WHEREAS, §166.18 Master Street Plan Setbacks prohibits any new development within Master Street Plan Setbacks; and WHEREAS, §171.03 Street Improvements require dedication of right of way to comply with the Master Street Plan unless the City Council varies the right of way dedication requirement for undue hardship. 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 finds that a variance of §166.18 should be granted to Emperor Investment, LLC due to undue hardship from this long established business to the extent that the proposed renovation of the existing structure and an addition to the existing buildings on the site may be accomplished so long as there is no increase of encroachment further north into the state highway right of way and they conform to the attached survey plat (Exhibit A). Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines that the right of way dedication requirements of §171.03 should be varied because of undue hardship to allow the renovation and additions planned by Emperor Investment, LLC pursuant to its survey plat attached as Exhibit A. PASSED and APPROVED this 7th day of March, 2006. APPROVED: os By: Qr DAN COODY, Mayor Wtevile ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 13, 2006 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: F rt y-6,2006 February 14, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-1937: (Archibald Yell Boulevard ROW Dedication Variance) Submitted by Penguin Ed's B & B Barbeque requesting a variance of the existing and Master Street Plan right-of-way for Archibald YeII Boulevard (State Highway 71 Business) in the manner indicated to allow the existing building footprint to remain within the right-of-way. Property Owner: EMPEROR INVESTMENT, LLC Planner: ANDREW GARNER PROPOSAL Background: The subject property is located at 230 East Avenue with frontage and an entrance onto Archibald Yell Boulevard (State Highway 71). This property has been continuously used for restaurant use prior to the establishment of the Master Street Plan in the City of Fayetteville. The property currently contains Penguin Ed's B & B Barbeque Restaurant which consists of a 3,033 square -foot restaurant building, a 34 space parking lot, along with an approximately 400 square -foot smoke house, and an approximately 60 square -foot freezer. The existing structures on the property are located within the existing and Master Street Plan right-of-way of Archibald Yell Boulevard (50' and 55' from centerline, respectively). 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 Plan 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 College Avenue and Archibald Yell Boulevard, 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 older buildings along College Avenue and the Archibald Yell Boulevard vicinity would require purchasing and demolition. The structures are also located within the existing dedicated right-of-way! which is 50' from centerline. Request: The request is to vary the Master Street Plan right-of-way dedication requirements on Archibald Yell Boulevard from 55' to 35' from centerline to allow the existing structure to remain in K:IReporrslZ0061PC Repons10243-061ADM 06-1937 (Archibald Yell ROW Variancej.doc its current location. 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. Additionally, the applicant requests recognition by the City Council that the existing right-of-way at 230 East Avenue encroach into the existing structure, and to allow the renovation and additional construction of the existing structure on the property. RECOMMENDATION Planning staff recommends approval of a resolution to vary the Archibald Yell Boulevard Master Street Plan right-of-way at 230 East Avenue from 55' to 35', 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 shall not extend the existing structures any further north into the right-of-way. While not vacating existing state highway right-of- way, staff also recommends recognition of the encroachment ofright-of-way into the structure. 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 staffs and the Planning. Commission's comments as part of their review. PLANNING. COMMISSION ACTION: Required YES X Forwarded to City Council for Approval Motion: Clark Second: Myres Vote: 9-0-0 Date: February 13, 2006 Tabled Denied K:IReports120061PC Repor&02-13-061AUM 06-1937 (Archibald Yell ROW Varlance/.doc .c FOB K ') WILLIAM. irl. BASSETT y�, L ADM 06-1937 A(i,,bn(4 Y -of-L/7 Var;c4itcc (Ex,Jsk;�9 Struci-ure, Jr - ph -of -W oU leva+ci col ON mum 0 20' 40' aaatlt 1...404 —• •"—' PROPERTYUNE O FOUND KION PW SET IKON PDI —X— X-- FENCE P09 POIFIT OF BEGINNING EAST 159.8' 301 b PT. NIf2- SWI/4 LOT 1, BLK.42 ORIGINAL TOWN PLAT 0.515 AC L IY 1- o1 a » a 5W CONNEA NI/4- SW V.1 LOl I. rig 42 OAIG,NAL TOWN PI. AT 'WEST SURVEY DESCRIPTION T 6 4 part of the NEI/4 of the SE V4 of Section 16, Township 16 North, 2ange 30 West, being more particularly described as follows: Ieginuing at a point that is North 35.0 feet rand N89°05'W 4.6 feet Com the Southwest corner of the N1/2 of the SWI/4 of Lot One (1) If Block Forty-two (42), as designated upon .the original plat of the Town of Fayetteville, and running thence along an misting wire ence the following N89°05'W 32.4 feet, N22°58'W 23.7 feet, 169°36'E 39.5 feet, S3°29'E 13.5 feet, S73°21'E 4.6 feet and it°41'W 21.4 feet to the point of beginning, containing 0.02 acres, lore or less, City of Fayetteville, Washington County, Arkansas. VICINITY A-0 B..:IJ;rc 5efbacks Fr0.4 3C Fccnf ric'(if rick: lel allcsli4�Jt111 RCW $' 111( bu'IJi1) S:dQ IC• MAP s:de Rear k r ,s (f ccn1:91dov) fo a cry y Z 4U(jvEV0P C FRTIFICATI - N' hereby certify that 1 have surveyedthethe rro n Io' �cei,kr(:rE. OF 1 4(;c al!(},7 4 Penguin Ed's BBQ, Inc 230 S. East Ave. Fayetteville, AR 72701 December 22, 2005 CONDITIONAL USE This application is for the purpose of us being allowed to add on to our existing restaurant, Penguin Ed's B&B Barbeque, located at 230 Fast Avenue. Our existing building totals 3033.24 square feet. Our proposed add on totals 546 square feet. Currently our dining area totals 640 square feet. With our proposed addition we will total 1186 square feet of dining area The parking requirement for 1186 square feet is 12 parking spaces and we currently have 34 paved off street parking spaces. Our hours of operation are as follows: 10:30am to 8:OOpm, Monday through Thursday. 10:30 to 9:OOpm on Friday and Saturday. We are closed on Sundays. We currently operate with 7 employees on most shifts. We anticipate 200-250 customers per day which are predominately adults with very few children. Our parking lot is lighted with 3 existing pole lights: two of which are maintained by AEP and one by the City of Fayetteville. Sincerely, Edward S. Knight President BOA06-1918 One Mile View a. RSF 1 PENGUIN ED'S R$F 1 C-2..AY SF_...:RSFa�� • .• REBECCA S 4.3 RSF-4LI RSF� PR�%A1E fJ] . RSE-4 RSFJ .. E RSF�' Bir 1 ;RMF-24.1 IRSFJ RPIR RSF.1 RSFJ RSFJ. flSF�,. C-2 0.RF� RSF� I • RS: : RO: Oat:S 'a 5kP9C 5- 1 ... R.F-24 144-24 W "E RMF.3 1l �4n NOOGEYRSDS: UMSVILLE 5V.1 ST 4 $P. Qf. • C-2 LI; .vn.. -24 .:.: 141S Overview Legend Subject Property 60A06-1918 Boundary Planning Area .00000 Overlay District _ Outside Oily Legend 0 0120.25 0.5 0.75 1 Miles SOUTH ST FLOOOWAY -- 580 YEAR 100 YEAR ---• OAT OF STUDY Baseline Profile O Fayetteville I Outside Gy -a< BOA06-1918 : _' sector.GOB 004on t 2004 fblarice Pearman - Res. 34-06 & 40-06 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 3.10.06 4:53PM Subject: Res. 34-06 & 40-06 Jeremy, Attached is a copy of the resolutions passed by City Council, March 7, 2006. If anything else is needed please let me know. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki; GIS