Loading...
HomeMy WebLinkAbout180-11 RESOLUTIONRESOLUTION NO. 180-11 A RESOLUTION TO APPROVE A LESSER RIGHT-OF-WAY DEDICATION THAN REQUIRED BY THE MASTER STREET PLAN FOR PROPERTY LOCATED ON STORER AVENUE BETWEEN NORTH STREET AND HAZEL STREET. WHEREAS, the City Council has determined that the right-of-way dedication requirement of 166.04(B)(3)(a) of the Unified Development Code would exert "practical difficulties" upon the property owner due to building setback, tree preservation and fire code requirements associated with the development of the property; and WHEREAS, the City Council has determined that the existing right-of-way in the amount of 20 feet from the centerline is sufficient in meeting the dimensional requirements to accommodate both pedestrian and vehicular traffic without the required five feet of greenspace between the curb and the sidewalk; and WHEREAS, pursuant to 166.04(B)(3)(a)(i) of the Unified Development Code, the City Council may reduce the right-of-way requirements of the Master Street Plan BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the property owner's request to dedicate a lesser right-of-way on Storer Avenue and Oakland Avenue between North Street and Hazel Street, as shown in "Exhibit A", to a minimum of 20 feet of right-of-way from centerline and to the edge of the proposed retaining wall, due to practical difficulties. Section 2: That this approval is subject to the following Condition of Approval and shall not be in effect until the condition is met: "The remaining greenspace between the right-of-way and building shall be dedicated in an easement to allow the City to access and maintain, if necessary, the improved right-of-way and street trees." PASSED and APPROVED this 4th day of October, 2011. APPROVED: ATTEST: ,G%R1t17Rt• ,r • •r^a z. By: ("; .{AYETTEVILLE SONDRA E. SMITH, City C1erk/Treasu •, r''f..NGroA1,6%)•� [1X6Ir:•ItAp Fi RETNING WALL TO BE OETEFNNE001WNG COIISTWICIICN BETIEW CrRETNDIGWALL KIN HAMR A P O.B. L01 I I EXHIBIT A Alt.!. STATE PLANE MD NORM ZONE COODDIIATES MAD B3) c � Y SkW6 6f)CSFL A.W1 kswa9 A9M' FROM C UOC ROW FROM CL UNDISTURBED 95601"-1510 KWA 06v c061 C{I OM GLµ.4 LF1 it 6? PETNNIIG WALL MNN11ND1N1 HAZEL STREET Nn]>0•663•PAY9.IENT WAD, B' CUSS.} BASF sTaff.:4n SAWCUT _ —PROPOSED 6• FMB RP) Fcr.R -sse¢+ooS9�.3sn .Sprvirzf6 1006:5 vAµs P 1asI!56tx In11 it -- _s SII —.11 2-I PROPOSED 1 SAWCUTI? 1 rv0x5G!O C' ' C1113 (SEE_OET/61) PROPOSEDSIRET I TREE(TYPE 1 PROPOSED PARAIIEL PAW11G PACE DWI w�l 29 EX ROW FROM CL S5'A iRM A101�A 1 20' MINES j » 6 rww pa T6CS3 kT{Si1 1 /j�� 11. SPCA IAA '•t,: •/ ,• d rf, p, PROPOSED GARDEN FENCE 12221 9,%' PP!>Po51OFyMlx t*il V LOT 13 6-S6660.6R11Y111A'4111NE 10,110Y 01.000 raJ16 _ •32 -OSADGICS!tP.. 611 y 06106 7.11. D/1NY351 sM fe>L�C111.153 AI•Ci)1 WM:. At (410.1)..33 WggT11Fv1c1*IFra1 MIK 1NF Lµ1/11}{8 R9110E71K)T IC1 i NORTH STREET STANDARD CURB DETAL _ _ - Dara Sanders Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/4/2011 City Council Meeting Date Agenda Items Only Planning Division Action Required: Development Services Department ADM 11-3948: (OAKLAND COURTS RIGHT-OF-WAY DEDICATION, 405): Submitted by COMMUNITY BY DESIGN for property located at the intersection of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.75 acres. The request is to dedicate less right-of- way than required by the Master Street Plan, in accordance with 166.04(A)(3)(a)(i) of the UDC. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached At' 411.Sti Department Di ctor Date L__ City Attorney Vc-kA CD CI -IC -1,21 Date Finance and Internal Services Director Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 09-15- 1 1 P02:28 RCV: tr) De D e Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff ��pp Jeremy Pate, Development Services Directorg From: Dara Sanders, Current Planner Date: September 15, 2011 Subject: ADM 11-3948 (Oakland Courts Right-of-way Dedication) BACKGROUND The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort, Oakland Avenue, Hazel Street, and Storer Avenue. In April of 2011, the Planning Commission and City Council approved a request to rezone the subject property from RMF -24, Residential Multi -family, 24 dwelling units per acre, to CS, Community Services, which enables development of the property to be approved administratively through a Large Site Improvement Plan (LSIP) application. The City Planning Division has received and processed a LSIP application (LSIP 11-3933) for a mixed-use development including three buildings containing 57 dwelling units and 1,976 square feet of retail and office space. In the review of the proposal on August 31st, City staff, several variance requests were identified that required Planning Commission approval prior to the issuance of a development approval letter. These variances were heard and approved by the Planning Commission on September 12th, with the exception of the applicant's request to dedicate less right-of-way than required by the Master Street Plan, in accordance with Unified Development Code Chapter 166.04(B)(3), right-of-way dedication, which requires City Council approval. The applicant proposes to dedicate the required right-of-way in the amount of 25 feet from centerline for Mount Comfort Avenue, Oakland Avenue, and Hazel Street, in accordance with the Master Street Plan, and requests approval of a variance from the requirement to dedicate 25 feet of right-of-way for Storer Avenue (Local Street). Currently, right-of-way in the amount 20 feet from centerline is existing at this location of Storer Avenue, which is sufficient to meet the dimensional requirements to accommodate both pedestrian and vehicular traffic without the required five feet of greenspace between the curb and the sidewalk. DISCUSSION The Planning Commission and staff recommend approval of the request with the condition that remaining greenspace between the existing right-of-way and the building shall be dedicated in a maintenance and access easement to be maintained by the property owner but would allow the City to utilize a portion of the subject property to maintain the improved right-of-way. Future redevelopment of the site may require additional right-of-way dedication. BUDGET IMPACT None. RESOLUTION NO. A RESOLUTION TO APPROVE A LESSER RIGHT-OF-WAY DEDICATION THAN REQUIRED BY THE MASTER STREET PLAN FOR PROPERTY LOCATED ON STORER AVENUE BETWEEN NORTH STREET AND HAZEL STREET. WHEREAS, the City Council has determined that the right-of-way dedication requirement of 166.04(B)(3)(a) of the Unified Development Code would exert "practical difficulties" upon the property owner due to building setback, tree preservation and fire code requirements associated with the development of the property; and WHEREAS, the City Council has determined that the existing right-of-way in the amount of 20 feet from the centerline is sufficient in meeting the dimensional requirements to accommodate both pedestrian and vehicular traffic without the required five feet of greenspace between the curb and the sidewalk; and WHEREAS, pursuant to 166.04(B)(3)(a)(i) of the Unified Development Code, the City Council may reduce the right-of-way requirements of the Master Street Plan BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the property owner's request to dedicate a lesser right-of-way on Storer Avenue between North Street and Hazel Street, as shown in "Exhibit A", to the existing 20 feet of right-of-way from centerline due to practical difficulties. Section 2: That this approval is subject to the following Condition of Approval and shall not be in effect until the condition is met: "The remaining greenspace between the right-of-way and building shall be dedicated in an easement to allow the City to access and maintain, if necessary, the improved right-of-way and street trees." PASSED and APPROVED this day of , 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer IX RETAIFEJG WALL WITH HANDRAIL F P.O.A. L01 13 EXHIBIT A ARKAIISAS STATE PLANE GRID NORTH ZONE COORDINATES (NAD B3) _ N:642281.66 E:670382.32' PROPOSED 3• PAVEMENT HMAC. 8° CLASS7 BASE HAZEL STREETSAOPOS D WCUT S. 47 RETAKING WAIT - - ��"RCUAB ROPOSED 6' - WTTH /MORAL { SR7 i3 [ _C) I i4O 1 tiw0 fl is 'PROPOSED SAWCUE PROPOSED 6• CURB (SEE DETAIL) PROPOSED STREET TREE +TYPE PROPOSED PARALLEL PARN/JG SPACE (TYP) PROPOSED AGA ACCESS RAMPS PROPOSED OWING (TYPE 2r 20, • 20' EX ROW FROM CL 25' MSP ROW FROM CL FS L L1 C LU CC PROPOSED 7fd RETA/IR8G WALL 11YP. UNLESS SPECIFIED OTHER) PROPOSED 5' SIDEWALK PROPOSED 6' CURB (TYP.) PROPOSED 3' ROLL OVER CURB AND GUTTER PROPOSED CONCRETE PAVEMENT ARKANSAS STATE PUNE GRID NORTH ZONE COORDINATES (NAD 83) N:642074.82' E:670152.00 PROPOSED 3• PAVEMENT HMAC. 8° CLASS 7 BASE OYP) I `'' I i': PROPOSED 12' MAMMON TH VJIATTEN PERMISSION FROM ADJACENT LANDOWNER REQUIRED PRIOR TO CONSTRUCTION NORTH STREET aye.vine THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 12, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Chris Brown, City Engineer THRU: Jeremy Pate, Development Services Director DATE: nepten ber 7, 20 Updated September 15, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3948: Variance (INTERSECTION OF MT. COMFORT & OAKLAND AVE./OAKLAND COURTS, 405): Submitted by COMMUNITY BY DESIGN for property located at the intersection of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.75 acres. The request is for variances from Unified Development Code Chapters 166, Development; Chapter 170, Stormwater Management, Drainage, and Erosion Control; Chapter 172, Parking and Loading; and Chapter 177, Landscaping. Planner: Dara Sanders Findings: Property Description and History: The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort, Oakland Avenue, Hazel Street, and Storer Avenue. This site is located north of North Street and the University of Arkansas and is located near several existing bus stops. The properties to the north and south are primarily multi -family residences with nonresidential services to the east and west. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Single- and Multi- family residences RMF -24, Residential Multi -family, 24 units/acre RMF -40, Residential Multi -family, 40 units/acre South Single- and Multi- family residences RMF -40, Residential Multi -family, 40 units/acre R -O, Residential Office West Single- and Multi- family residences Retail, eating places, office, and gasoline stations RMF -24, Residential Multi -family, 24 units/acre C-2, Thoroughfare Commercial East Single- and Multi- family residences Offices and the St. James Church RMF -24, Residential Multi -family, 24 units/acre R -O, Residential Office Request: In April of 2011, the Planning Commission and City Council approved a request to rezone the subject property from RMF -24, Residential Multi -family, 24 dwelling units per acre, to CS, Community Services, which enables development of the property to be approved administratively through a Large Site Improvement Plan (LSIP) application. The City Planning Division has received and processed a LSIP application (LSIP 11-3933) for a mixed-use development including three buildings containing 57 dwelling units and 1,976 square feet of retail and office space. The first review of the proposal has been reviewed by City staff, and several variance requests were identified that require Planning Commission approval prior to the issuance of a development approval letter. These variances are outlined in the following chart: Unified Development Code Requirement Proposal Ch 166.04(B)(3), Right-of-way dedication - Storer Avenue (Local Street) requires 25 feet of right-of-way from centerline - No additional right -of - way dedication. Ch 166.08(D)(6), Minimum Street Standards - Local Street cross section with six feet of greenspace between the street and the sidewalk - Placement of the sidewalk at the back of curb Ch 166.24(D)(7)(b), Nonresidential Design Standards for glazing - The facades located within the build -to zones adjacent to Mount Comfort Ave and Oakland Ave require 50% glazing. - 43 % glazing on the south facade - 16% glazing on the west facade Ch 170.02, Drainage Criteria Manual - A minimum drainage discharge pipe of 18" - A 4" pipe Ch 172.02(B), Parking lot construction requirements - Parking lots shall be asphalt, pavers, or concrete. - Parking lot spaces shall be striped to delineate each space, mark ADA spaces, and provide directional arrows - A gravel parking lot - No striping of individual spaces or directional arrows Ch 172.04(E), Parking lot dimensional requirements - Standard parking stalls shall have a maximum width of 9 ft - Parking stall width of 11.5 ft. Ch 177.04(C), Parking lot interior landscaping - Parking lots with 10 spaces or more shall be landscaped with a tree island containing an area of 150 sq. ft. - Subsurface tree wells Ch 177.04(D)(2)(b), Perimeter green space in urban zoning districts - Less than 10 feet of greenspace adjacent to the right-of-way in an urban zoning district requires urban tree wells - Four to nine feet of greenspace in select locations It should be noted that the variance requests from Chapters 166.04(B)(3), 166.08(D)(6), and 177.04(D)(2)(b) are a result of fire code and tree preservation requirements, and the variance requests from Chapters 172.04(B), 172.04(E), and 177.04(D)(2)(b) are a result of the applicant's request to incorporate low impact development techniques into the parking lot design in an effort to reduce the amount of impervious surface on an undeveloped lot. Discussion/Staff Recommendation: Chapter 166.04(B)(3), Right-of-way dedication. The applicant proposes to dedicate the required right-of-way in the amount of 25 feet from centerline for Mount Comfort Avenue, Oakland Avenue, and Hazel Street, in accordance with the Master Street Plan, and requests approval of a variance from the requirement to dedicate 25 feet of right-of-way for Storer Avenue (Local Street). Currently, right- of-way in the amount 20 feet from centerline is existing at this location of Storer Avenue, which is sufficient in meeting the dimensional requirements to accommodate both pedestrian and vehicular traffic without the required five feet of greenspace between the curb and the sidewalk; therefore, Planning and Engineering staff recommend approval of the request with the condition that remaining greenspace between the existing right-of-way and the building shall be dedicated in a maintenance easement to be maintained by the property owner but would allow the City to utilize a portion of the subject property to maintain the improved right-of-way. Future redevelopment of the site may require additional right-of-way dedication. Chapter 166.08(D)(6), Minimum Street Standards. All adjacent streets, Mount Comfort Avenue, Oakland Avenue, Hazel Street, and Storer Avenue, are designated as Local Streets in the Master Street Plan, which requires two 10 -foot travel lanes, one parking lane of seven feet, six feet of greenspace on both sides of the street, and a five -foot -wide sidewalk on both sides of the street, for a total right-of-way width of 50 feet (see the attached local street cross section). The cross section requires that the six feet of greenspace be located between the street and the sidewalk in order to provide a location for the required street trees and to provide separation between travelling vehicles and the pedestrian. The applicant has submitted a variance request from the Local Street cross section to allow for the sidewalk to be located at the back of curb, adjacent to the on -street parking. In order to provide the necessary shy distance between the sidewalk and the retaining wall and to provide further separation for the pedestrian from opening car doors, the applicant proposes to construct a 6.5 -foot sidewalk along all adjacent streets. In his letter, the applicant has explained that the reason for this variance request is a combination of both fire and tree preservation requirements. Specifically, the applicant is required to widen Hazel Street an additional six feet in order to provide a total unobstructed width of 26 feet to provide fire access to Buildings B and C. Additionally, there are six significant trees on the site that the applicant is attempting to preserve. Providing the required six feet of greenspace between the street and the sidewalk adjacent to Oakland Avenue, Hazel Street, and Storer Avenue would result in the total removal of three trees and the significant loss of the critical root zones of the remaining three trees. Instead of locating the trees within the six feet of greenspace, the applicant proposes to install all required street trees outside of the right-of-way, behind the 6.5 -foot sidewalk. Planning and Engineering staff find that the applicant's proposal provides adequate separation between the pedestrian and traveling vehicles and recommend approval of the applicant's request. Chapter 166.24(D)(7)(b), Nonresidential Design Standards for glazing. Chapter 166.24, Nonresidential Design Standards, regulates the design of nonresidential developments that are subject to administrative approval (CS, Community Services, and UT, Urban Thoroughfare, zoning districts) and were written to hold these developments to a higher design standard in exchange for the administrative approval process. These standards primarily regulate building mass, scale, and articulation, and these standards vary based on the facade location in relation to the build -to zone. The applicant's architectural design for LSIP 11-3933 is subject to Chapter 166.24, Nonresidential Design Standards, and Chapter 166.23, Urban Residential Design Standards, as it is proposed as a mixed-use project. Planning staff has determined that Buildings B and C, designed to accommodate only multi- family uses, meet the intent and requirements of Chapter 166.23. Building A is designed to accommodate both nonresidential and multi -family uses and is considered "nonresidential" and subject- to the regulations of Chapter 166.24. This structure meets the mass and scale requirements, the material requirements, required changes in plan depth, the entryway requirements, and the pedestrian -oriented element requirements of Chapter 166.24; however, staff has determined that the minimum glazing requirements have not been met. The south and west facades of Building A are located within the build -to zone and required to be glazed no less than 50% of the first or ground floor at the pedestrian level between two and 12 feet above the sidewalk. The north and east facades are located outside of the build - to zone and required to be glazed no less than 30% of the first or ground floor at the pedestrian level between two and 12 feet above the Finished Floor Elevation (FFE). The applicant proposes 43% glazing for the south facade (Mount Comfort Avenue) and 16% glazing for the west facade (Oakland Avenue) and requests approval of a variance request from the 50% glazing requirement. The applicant has provided a floor plan (attached) indicating that the first floor of the north and east sides of the building are designed to accommodate residential uses; therefore, staff finds that these facades should not be subject to the glazing requirement for nonresidential uses. Staff finds that the design of the south wall, with 43% glazing, meets the general intent of the Nonresidential Design Standards and, specifically, the intent of the glazing requirement to create a proportion of solids to voids and pedestrian interest. The proposed facade is designed as a storefront, with sufficient glass to accommodate a variety of commercial, retail, and office uses, which reinforces architectural proportion and rhythm in the vertical and horizontal articulation of the entire wall surface through the application of windows, public entrances, and a variation in material; therefore staff recommends approval of the applicant's variance request from the glazing requirement for the south facade. Further, staff finds that the design of the west wall, with 16% glazing, meets the general intent of the Nonresidential Design Standards and the CS, Community Services, zoning district, to not only create a proportion of solids to voids and pedestrian interest, but to also encourage a mixture of uses within a traditional neighborhood form and to allow for the future adaptive reuse of a structure. In addition to the 16% glazing, the applicant has incorporated an opening to an internal courtyard from the west facade, which provides an additional 8%, for a total of 24% of openings on the first floor of the west facade. These openings are consistent with those of the second and third floors, which reinforces a consistent and complementary fenestration pattern of the entire wall surface. Further, this west facade extends into an established residential neighborhood, and it is staffs opinion that the transition of the designated nonresidential uses to this established residential neighborhood was carefully considered during the design of facade, as the design appears to be more residential in nature with the design and increase in the spacing of openings. Similarly to the design of the south facade, staff finds that the proposed west facade reinforces architectural proportion and rhythm in the vertical and horizontal articulation of the entire wall surface through the application of windows, public entrances, a variation in architectural application, and a variation in material. For these reasons, staff recommends approval of the applicant's variance request from the glazing requirement for the west facade. Chapter 170.02, Drainage Criteria Manual (DCM). The adopted DCM requires a minimum drainage pipe size of 18 inches in diameter in order to allow for maintenance and cleaning of pipe systems for proper operation. As outlined in the attached memo from the Engineering Division, storm drain systems are "open" systems that are susceptible to trash and debris from various sources that can clog pipes and cause downstream flooding, which is the reason for the minimum diameter size of 18 inches. The applicant has submitted a variance request from the minimum drainage pipe size to allow for a 4 -inch pipe, stating that the private, 4 -inch pipe is the minimum needed for the proposal and serves to control the flow of stormwater from the system. Recognizing new technologies for cleaning of pipes, Engineering staff recommends a variance from the 18 -inch requirement to allow for a minimum of 12 -inch piping. Engineering staff finds that the proposed 4 -inch pipe, appears to carry the flow based on calculations provided by the applicant but is of such size that gravel from the proposed parking lot, leaves from preserved and new trees, and/or other debris typically found in a residential parking lot is expected to clog the proposed pipe quickly and prevent the detention system and inlets from operating properly. Chapter 172.02(B), Parking lot construction requirements. Chapter 172.02 requires that parking lots be paved using specific materials (asphalt, concrete, or permeable pavers) and be striped to delineate individual spaces and include directional arrows. The applicant requests approval of a variance from the parking lot paving requirements in order to utilize 3/8" brown angular gravel as a permeable material that would function as an integral part of the proposed underground stormwater infiltration system. The applicant also requests a variance from the parking lot striping requirements. This request does not include a variance from the ADA striping requirements. In order to prevent gravel from leaving the site onto the public alley that extends through the property, the applicant proposes to construct a 3" rollover curb designed to contain the gravel within the parking areas to the east and west. In order to identify the location of each individual parking space, the applicant proposes to install wheelstops that will indicate to drivers where each parking space is located. Planning staff finds that, due to the small size of these parking areas and the preventative measure of the rollover curb and wheelstops, the proposal will function as parking lots are intended and not create an adverse impact on the public right-of-way or adjacent property owners and recommends approval of this low - impact development technique. Chapter 172.04(E), Parking lot dimensional requirements. Chapter 172.04 outlines specific dimensional requirements to which developments must adhere, including established dimensions for standard parking spaces and associated drive aisles. The applicant requests approval of a variance from the parking stall width requirement of nine feet to allow for a width of 11 feet and the two-way drive aisle width requirement 24 feet to allow for 26 feet. The applicant has explained in his letter that the parking stall dimension variance is a result of the proposal to utilize low impact development techniques and decrease the amount of impervious pavement on the site. Planning staff finds that the intent of the maximum parking stall dimensions is to limit the amount of impervious pavement on a site, which this proposal promotes, and recommends approval of the request. Further, the applicant has explained in his letter that the drive aisle dimension variance request is a direct result of fire code requirements for fire aerial apparatus roads; therefore, Planning staff recommends approval of the request. Chapter 177.04(C), Parking lot interior landscaping. The applicant proposes to provide 39 off-street parking spaces to be accessed by the existing public alley, as indicated in the attached site plan, which would require four parking lot trees within a tree island containing 150 square feet and constructed with curb and gutter throughout the parking areas. The applicant requests approval of a variance from the standard tree island detail that uses permeable pavement (see variance request from the parking lot surfacing requirements above) and structural soil. Planning staff and the Urban Forester find that this technique meets the intent to provide shade trees within parking lots and to reduce the heat island effect and recommend approval of the request as proposed. Chapter 177.04(D){2.)(b), Perimeter green space in urban zoning districts. A property regulated by a zoning district that prescribes an urban form is required to provide at least 10 feet of greenspace adjacent the Master Street Plan right-of-way. Any development providing less than 10 feet of greenspace is required to utilize the street tree planting for an urban streetscape with urban tree wells. The applicant proposes to meet or exceed the minimum 10 feet of greenspace for the majority of the project area perimeter, which would not require urban tree wells; however, the applicant proposes to provide greenspace that ranges from four feet where ADA access is required to nine feet and requests a variance from the requirement to utilize urban tree wells for the majority of Hazel Street (approximately 183 feet of the 274 feet of street frontage or 67% of the property frontage) and no greenspace for approximately 30 feet of the 159 feet of street frontage onto Mount Comfort where the proposed structure encroaches into the minimum 10 -foot building setback from the right-of-way line. Planning staff finds that the installation of urban tree wells for only a portion of the project's street frontage would create an awkward shift in the streetscape, as it is unlikely that other properties in the immediate vicinity would utilize urban tree wells during future redevelopment; therefore, staff recommends approval of the applicant's variance request with the condition that the applicant utilize structured soil for the nine proposed street trees adjacent to Hazel Street and that the applicant be required to install and maintain the additional plantings proposed for the west side of Building A and the neighborhood garden on the east side of Building A. Recommended Motion: Based on the findings herein, staff recommends the following motions and conditions for ADM 11-3948: 1. Planning Commission determination of a variance from UDC Chapter 166.04(B)(3), Right- of-way dedication. The applicant proposes to dedicate the required right-of-way in the amount of 25 feet from centerline for Mount Comfort Avenue, Oakland Avenue, and Hazel Street, in accordance with the Master Street Plan, and requests approval of a variance from the requirement to dedicate 25 feet of right-of-way for Storer Avenue (Local Street) and to allow for the existing 20 feet of right-of-way from centerline to suffice. Planning and Engineering staff recommend approval of the request with the condition that the remaining greenspace between the existing right-of-way and the building shall be dedicated in a maintenance easement to be maintained by the property owner but would allow the City to utilize a portion of the subject property to maintain the improved right-of- way, and the applicant shall be responsible for any future maintenance and/or repair of the proposed retaining wall adjacent to the existing right-of-way line. Future redevelopment of the site may require additional right-of-way dedication. 2. Planning Commission determination of a variance of Fayetteville UDC Chapter 166.08(D)(6), Minimum Street Standards. The applicant requests a variance from the Local Street cross section to allow for the sidewalk to be located at the back of curb, adjacent to the on -street parking. In order to provide the necessary shy distance between the sidewalk and the retaining wall and to provide further separation for the pedestrian from opening car doors, the applicant proposes to construct a 6.5 foot sidewalk along all adjacent streets. Planning and Engineering staff find that the applicant's proposal provides adequate separation between the pedestrian and travelling vehicles and recommend approval of the applicant's request as proposed. 3. Planning Commission determination of a variance of Fayetteville UDC Chapter 166.24(D)(7)(b), Nonresidential Design Standards for glazing. The applicant proposes 43% glazing for the south facade (Mount Comfort Avenue) and 16% glazing for the west facade (Oakland Avenue) and requests approval of a variance request from the 50% glazing requirement. a. South Facade. Staff finds that the design of the south wall, with 43% glazing, meets the general intent of the Nonresidential Design Standards and, specifically, the intent of the glazing requirement to create a proportion of solids to voids and pedestrian interest. The proposed facade is designed as a storefront, with sufficient glass to accommodate a variety of commercial, retail, and office uses, which reinforces architectural proportion and rhythm in the vertical and horizontal articulation of the entire wall surface through the application of windows, public entrances, and a variation in material; therefore staff recommends approval of the applicant's variance request from the glazing requirement for the south facade. b. West Facade. In addition to the 16% glazing, the applicant has incorporated an opening to an internal courtyard from the west facade, which provides an additional 8%, for a total of 24% of openings on the first floor of the west facade. These openings are consistent with those of the second and third floors, which reinforces a consistent and complementary fenestration pattern of the entire wall surface. Further, this west facade extends into an established residential neighborhood, and it is staffs opinion that the transition of the designated nonresidential uses to this established residential neighborhood was carefully considered during the design of facade, as the design appears to be more residential in nature with the design and increase in the spacing of openings. Similarly to the design of the south facade, staff finds that the proposed west facade reinforces architectural proportion and rhythm in the vertical and horizontal articulation of the entire wall surface through the application of windows, public entrances, a variation in architectural application, and a variation in material. For these reasons, staff recommends approval of the applicant's variance request from the glazing requirement for the west facade. 4. Planning Commission determination of a variance of Fayetteville UDC Chapter 170.02, Drainage Criteria Manual (DCM). The applicant has submitted a variance request from the minimum drainage pipe size to allow for a 4 -inch pipe, stating that the private, 4 -inch pipe is the minimum needed for the proposal and serves to control the flow of stormwater from the system. Recognizing new technologies for cleaning of pipes, Engineering staff recommends a variance from the 18 -inch requirement to allow for a minimum of 12 -inch piping. Engineering staff finds that the proposed 4 -inch pipe, appears to carry the flow based on calculations provided by the applicant but is of such size that gravel from the proposed parking lot, leaves from preserved and new trees, and/or other debris typically found in a residential parking lot is expected to clog the proposed pipe quickly and prevent the detention system and inlets from operating properly. THE APPLICANT'S REQUEST WAS APPROVED BY THE PLANNING COMMISSION SUBJECT TO THE FOLLOWING CONDITION OF APPROVAL: THE APPLICANT WILL BE ALLOWED TO CONSTRUCT ITS DRAINAGE SYSTEM AS DESIGNED BY ITS ENGINEER IF THE OWNER/DEVELOPER AGREES THAT THIS DRAINAGE SYSTEM SHALL REMAIN ITS PROVIATE PROPERTY AND ASSUMES ALL LIABILITY AND MAINTENANCE RESPONSIBILITY FOR THE DRAINAGE SYSTEM FOR ALL STORMWATER ENTERING ONTO OR FALLING UPON THEIR PROPERTY INDCLUDING ALL CITY RIGHTS-OF-WAY ESPECIALLY THE INTERNAL ALLEY THE OWNER AGREES TO ENSURE ITS DRAINAGE SYSTEM WILL FUNCTION PROPERTY AT ALL TIMES AND SHALL TAKE IMMEDIATE ACTION TO UNCLOG ANY PIPE OR CORRECT ANY OTHER DEFECT WHEN NOTIFIED BY THE CITY. 5. Planning Commission determination of a variance of Fayetteville UDC Chapter 172.02(B), Parking lot construction requirements. The applicant requests approval of a variance from the parking lot paving requirements in order to utilize 3/8" brown angular gravel as a permeable material that would function as an integral part of the proposed underground stormwater infiltration system. The applicant also requests a variance from the parking lot striping requirements. This request does not include a variance from the ADA striping requirements. Planning staff finds that, due to the small size of these parking areas and the preventative measure of the rollover curb and wheelstops, the proposal will function as parking lots are intended and not create an adverse impact on the public right-of-way or adjacent property owners and recommends approval of this low -impact development technique. 6. Planning Commission determination of a variance of Fayetteville UDC Chapter 172.04(E), Parking lot dimensional requirements. The applicant requests approval of a variance from the parking stall width requirement of nine feet to allow for a width of 11 feet and the two-way drive aisle width requirement 24 feet to allow for 26 feet. Planning staff finds that the intent of the maximum parking stall dimensions is to limit the amount of impervious pavement on a site, which this proposal promotes, and recommends approval of the request. Further, the applicant has explained in his letter that the drive aisle dimension variance request is a direct result of f re code requirements for fire aerial apparatus roads. Planning staff recommends approval of the request. All proposed parking lot trees in addition to the four required by code shall be installed in order to offset the effect of the wider parking stall dimension. 7. Planning Commission determination of a variance of Fayetteville UDC Chapter 177.04(C), Parking lot interior landscaping. The applicant requests approval of a variance from the standard tree island detail that uses permeable pavement (see variance request from the parking lot surfacing requirements above) and structural soil. Planning staff and the Urban Forester find that this technique meets the intent to provide shade trees within parking lots and to reduce the heat island effect and recommend approval of the request as proposed. 8. Planning Commission determination of a variance of Fayetteville UDC Chapter 177.04(D)(2)(b), Perimeter green space in urban zoning districts. The applicant proposes to provide greenspace that ranges from four feet where ADA access is required to nine feet and requests a variance from the requirement to utilize urban tree wells for the majority of Hazel Street (approximately 183 feet of the 274 feet of street frontage or 67% of the property frontage) and no greenspace for approximately 30 feet of the 159 feet of street frontage onto Mount Comfort where the proposed structure encroaches into the minimum 10 foot building setback from the right-of-way line. Planning staff finds that the installation of urban tree wells for only a portion of the project's street frontage would create an awkward shift in the streetscape, as it is unlikely that other properties in the immediate vicinity would utilize urban tree wells during future redevelopment; therefore, staff recommends approval of the applicant's variance request. The applicant shall utilize structured soil for the nine proposed street trees adjacent to Hazel Street and shall be required to install and maintain the additional plantings proposed for the west side of Building A and the neighborhood garden on the east side of Building A. Planning Commission Action: X Approved Meeting Date: September 12, 2011 Motion: Chesser Second: Earnest Vote: 9-0-0 ❑ Denied ❑ Tabled Fayetteville Code of Ordinances 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. (Ord. 4714, 6-21-05; Ord. 4930, 10-3-06; Ord. 5296, 12-15- 09; Ord. 5372, 12-7-10; Ord. 5390, 3-1-11) 156.04 Stormwater Drainage And Erosion Control Certain variances of the stormwater management, drainage, and erosion control regulations may be applied for as follows: Criteria. A variance may be granted from any requirement of the stormwater management, ,drainage, and erosion control regulations using the following criteria: (A) Special circumstances. There are special circumstances applicable to the subject property or its intended use; and (B) Results. The granting of the variance will not result in: (1) Surface water runoff. An increase in the rate or volume of surface water runoff; (2) Adjacent property. An adverse impact on any adjacent property, wetlands, watercourse, or water body; (3) Water quality. Degradation of water quality; or (4) Objectives. Otherwise impairing attainment of the objectives of Chapter 170. (Ord. No. 4100, §2 (Ex. A), 6-16-9 156.05 Sign Regulations Consideration by the Zoning and Development Administrator. The Zoning and Development Administrator shall not grant any variance of Chapter 174, Signs, unless and until an applicant demonstrates: (A) Special conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or building in the same district. (B) Deprivation of rights. That literal interpretation of the provisions of the sign regulations would CD156:8 deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the sign regulations. (C) Resulting actions. That the special conditions and circumstances do not result from the actions of the applicant. (D) No special privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 174, Signs, to other lands, structures, or building in the same district. (E) 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. (F) Time Limitation. Any variance granted shall automatically be revoked if the applicant does not comply with the terms of the variance within 90 days from the granting thereof; and, the applicant shall be required to comply with the literal provisions of Chapter 174, Signs. (G) Prohibited. The Zoning and Development Administrator shall not permit as a variance any sign the erection of which or the continuance of which is prohibited by Chapter 174, nor shall any variance be granted to allow a greater number of signs than specifically set forth therein. (H) Content Neutrality; Restrictions. The Zoning and Development Administrator shall not take into account the content of any message sought to be displayed on the sign when determining whether to grant a variance. Variances can only be granted for setbacks, area, height, the proposed on-site location of the sign, or other technical requirements, and shall not exceed 15% of the Code requirement. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord 4652, 12-07-04) Cross reference(s)--Enforcement, Ch. 153; Signs, Ch. 174. 156.06 Airport Zone (A) Board of Adjustment. The Board of Adjustment shall have the authority to grant variances from the height limits prescribed in Chapter 165. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth, in excess of the heights prescribed, must apply in writing to the Board of Adjustment for a variance. Such variance shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure or Fayetteville Code of Ordinances (E) Pedestrian oriented elements. Developments that are subject to these standards shall meet and should exceed the basic needs of pedestrian accessibility and contribute to a unique sense of place and community. The following requirements are intended to define and articulate space at the street level in order to encourage the use and function for active and/or passive social interaction. (1) Buildings exceeding 50 feet in length or width within the build -to zone shall incorporate spatially defining building elements and/or landscaping at a minimum separation of 100 feet of facade length in order to create accessible public open space, such as a courtyard, garden, patio, etc. (2) Each public space shall include seating opportunities, such as table and chairs or benches, and a combination of at least of three (3) of the following elements: (a) planters; (b) a planting bed; (c) public art; (d) a water feature; (e) a shift in pavement material between the public right-of-way and the structure; (f) a covered area, such as a canopy, awning, arcade, or portico spanning the width of the building; or (g) other elements approved by the Zoning and Development Administrator that are not included in other sections of the design standards and meet the intent of this requirement. Image 5: Pedestrian Oriented Elements (F) Variances. An applicant may request approval from the Planning 'Commission of a variance from the `'Minimum requirements where unique CD166:52 circumstances existing and the effect will not adversely impact adjoining or neighboring properties. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (Ord. 5312, 4-20-10) 166.25-166.99 Reserved TITLE XV UNIFIED DEVELOPMENT CODE case the property line adjustment may not be filed of record until the required infrastructure is first constructed to City specifications, or a variance or waiver is granted by the Planning Commission. (2) Lot Split. (a) Dedication of right-of-way. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right-of-way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and lot stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, sewer, or street frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to City specifications, or CD166:19 (3) a variance or waiver is granted by the Planning Commission. (d) Parkland dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan. (a) Dedication of right-of-way. (1) On-site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission - or Subdivision Committee may recommend a lesser dedication in the - event of undue hardship of practical difficulties. Such•-iesser dedication shall be, subje t to approval by the City Council: a. Exemption. Small Site Improvement Plan applications are exempt from this requirement. (ii) Off-site. Off-site right-of-way dedication may be required as needed to construct off-site street improvements that are required based on the rough proportionality and rational nexus of the impacts of the project. (iii) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which ttevll1e THE CITY OF-FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 ARKANSAS www.accessfayetteville.org TO: Planning Commission Members FROM: Glenn Newman P.E., Staff Engineer DATE: September 7, 2011 SUBJECT: Oakland Courts — LSIP 11-3933 — Variance from Chapter 170.02 -Drainage Criteria Manual Requirements The applicant for this item is requesting that the Planning Commission allow the use of smaller drainage piping than is required by the City's Drainage Criteria Manual (DCM), which is adopted by reference in Chapter 170 of the UDC. The minimum pipe size required by the DCM is 18 inches in diameter; the applicant proposes to use 4 inch diameter pipe. The minimum pipe size established in the DCM allows maintenance and cleaning of pipe systems for proper operation. Storm drain systems, as opposed to sanitary sewer systems, are "open" systems that are susceptible to trash and debris from various sources that can quickly clog smaller pipes and cause downstream flooding. Historically when a smaller diameter orifice restriction is required to regulate the flow as being proposed in this application, a plate or weir is constructed in the outfall structure and the 18" diameter pipe is installed as the outfall pipe. Recognizing that new technologies for cleaning of pipes is available, staff recommends a variance of this item, to allow a minimum of 12" diameter piping. However, the 4" diameter proposed, while it appears to carry the flow (based on calculations provided by the applicant's engineer), is of such size that the gravel from the gravel parking lot, leafs from preserved and landscape trees, and/or other small debris typically found in a residential parking lot is expected to clog the pipe quickly and prevent the detention system and inlets from operating properly. There are two locations that the proposed 4" pipe is requested. One area receives runoff from the proposed development and adjacent property, this area has one grate inlet and roof drainage piped into the system. This is considered a private system since there is no concentrated public inflow. The second location receives runoff from the proposed development through one grate inlet and roof drainage along with and the 4 grates in the public alley. Generally, this system would be considered to be public through the detention system and the city's responsibility to perform maintenance of the pipe network, but not the detention storage. Regardless, either the private or public, the clogging of the 4" pipe will cause the detention system to fail, which could negatively impact downstream property owners. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Payetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS The Engineering staff is recommending that the Planning Commission deny the applicant's request to allow a 4" diameter pipe to be used as storm drainage on this project, however, engineering staff would support a reduction to a 12" diameter in these locations after discussion with the City Maintenance Division and reasons stated above. Finally, it should be noted that the drainage system design in not complete and has not been approved by the Engineering Division. Pipe sizing and configuration, and other elements of the drainage system are subject to change based on final drainage design calculations. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 ave. ville THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 ARKANSAS www.accessfayettevi ie.org TO: FROM: DATE: SUBJECT: Planning Commission Members Glenn Newman P.E., Staff Engineer September 7, 2011 Oakland Courts — LSIP 11-3933 — Variance to Right of Way Dedication Requirements for Local Streets as it pertains to Sidewalk location and proposed Retaining Wall. The applicant for this item is requesting that the Planning Commission allow a reduction in right of way dedication from 25 ft from centerline to existing conditions which is 20 ft from centerline on Storer and Oakland Ave` to keep the proposed retaining wall on private property assuming the proposed street section is accepted where the sidewalk is at the back of curb. The requirement per Master Street Plan is the Local Street Section with a 5 ft sidewalk and with 6 ft green space as shown below cr" 140 1.A' OM) k L'xYltH 6e 1%11 Ih-t ,1 C.it Tr e MN. 5'y" s+aE-- arAcE V As1 The applicant has chosen to place the 5 ft sidewalk at the back of curb the length of the project adjacent to parallel parking locations and in many cases with a 30 inch retaining wall at the back of sidewalk. Particularly on Storer and Oakland Ave. the applicant's design would place the proposed retaining wall within the proposed �dedicated Right of Way. L w► IlGr-�. arb 1e, 42- 15' UE Cr9y'-i idi4.MIN ��r�� 4"' OAS PIPE 8 WA rill RIFE CURB di GUTTER 1.5' j WI . v atmr {`"1" TCLIRO R d. ii I MIN 5' 'i006'////y/!J77,..4P�reMC//- eor,.". .•- . A." 67J ..e4 J -`_-7';-36 MI` ;, IDEWAL31 �_ P.S' -v 9.5' �e 7' �� ,- rJl- LANE LANE FARKING �, $„� SS"'.1? ,'IPE I1 FLAT � 33' FLOW_ AREA STORM PME (DEPTH VARIES) Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701