HomeMy WebLinkAbout50-15 RESOLUTIONRESOLUTION NO. 50-15
A RESOLUTION TO APPROVE THE DEDICATION OF 22 FEET OF RIGHT
OF WAY FROM CENTERLINE FOR OAKLAND AVENUE ALONG THE
EAST SIDE OF 940 WEST MAPLE STREET AS RECOMMENDED BY THE
PLANNING COMMISSION.
WHEREAS, Oakland Avenue is an approved public street with sufficient width to meet
Local Street design standards; and
WHEREAS, the property owner will construct a new sidewalk along the property
frontage, consistent with the University of Arkansas sidewalk plan; and
WHEREAS, the Planning Commission voted 8-1 to recommend to the City Council that
a lesser dedication of right-of-way be allowed pursuant to § 166.04(B)(3)(a); and
WHEREAS, the City Council has determined that the dedication of 22 feet from
centerline for Oakland Avenue and other on-site street improvements are roughly proportional to
the impact that the construction of the development will cause Fayetteville.
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 confirms
and adopts the Planning Commission's recommendation to accept the offered 22 feet of right-of-
way dedication from centerline along Oakland Avenue along with all other on-site
improvements.
PASSED and APPROVED this 3rd day of March, 2015.
APPROVEL)!% _�� ATTEST:
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By:0.-�c� �-
Mayor ONDRA E. SMITH, City Clerk/Treasurer _ -
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113 West Mountain Street
City of Fayetteville, Arkansas
'. Fayetteville, AR 72701
479-575-8323
Text File
-- File Number: 2015-0084
Agenda Date: 3/3/2015 Version: 1 Status: Passed
In Control: City Council File Type: Resolution
Agenda Number: A. 6
OAKLAND AVENUE RIGHT OF WAY DEDICATION:
A RESOLUTION TO APPROVE THE DEDICATION OF 22 FEET OF RIGHT OF WAY FROM
CENTERLINE FOR OAKLAND AVENUE ALONG THE EAST SIDE OF 940 WEST MAPLE
STREET AS RECOMMENDED BY THE PLANNING COMMISSION
WHEREAS, Oakland Avenue is an approved public street with sufficient width to meet Local Street
design standards; and
WHEREAS, the property owner will construct a new sidewalk along the property frontage, consistent
with the University of Arkansas sidewalk plan; and
WHEREAS, the Planning Commission voted 8-1 to recommend to the City Council that a lesser
dedication of right-of-way be allowed pursuant to § 166.04(B)(3)(a); and
WHEREAS, the City Council has determined that the dedication of 22 feet from centerline for Oakland
Avenue and other on-site street improvements are roughly proportional to the impact that the
construction of the development will cause Fayetteville.
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 confirms and adopts the
Planning Commission's recommendation to accept the offered 22 feet of right-of-way dedication from
centerline along Oakland Avenue along with all other on-site improvements.
City of Fayetteville, Arkansas Page 1 Printed on 31612015
Jeremy Patel
Submitted By
City of Fayetteville Staff Review Form
2015-0084
Legistar File ID
3/3/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/13/2015 City Planning/
Development Services Department
Submitted Date Division / Department
Action Recommendation:
LSD 14-4919: Large Scale Development (940 WEST MAPLE ST./CHI OMEGA HOUSE, 444): Submitted by
DEVELOPMENT CONSULTANTS, INC. for property located at 940 WEST MAPLE ST. The property is zoned RMF -40,
RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.80 acres. The request is for a lesser
dedication of right-of-way for Oakland Avenue.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Fund
Project Title
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
vzo1ao710
Previous Ordinance or Resolution #I
Original Contract Number:
Comments:
Approval Date: ✓Js
CITY OF
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ARKANSAS
MEETING OF MARCH 3, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Jesse Fulcher, Senior Planner
DATE: February 12, 2015
SUBJECT: LSD 14-4919: Large Scale Development (940 WEST MAPLE ST./CHI
OMEGA HOUSE, 444): Submitted by DEVELOPMENT CONSULTANTS,
INC. for property located at 940 WEST MAPLE ST. The property is zoned
RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and
contains approximately 0.80 acres. The request is for a lesser dedication
of right-of-way for Oakland Avenue.
RECOMMENDATION:
The Planning Commission and City Planning Staff recommend approval of a resolution to allow
a lesser dedication of right-of-way along Oakland Avenue.
BACKGROUND:
Oakland Avenue was originally platted as a 40 -foot right-of-way. Today the street is approximately
28 -feet wide and there are relatively high traffic volumes, which is indicative of a Local Street and
a 50 -foot right-of-way. Per the Master Street Plan requirements, an additional 5 -feet of right-of-
way must be dedicated with the currently proposed large scale development on this site, and the
sidewalk along Oakland Avenue, which is being reconstructed, should be located at the new right-
of-way line.
The University of Arkansas has a Master Sidewalk Plan for all of the streets within the campus
boundary area and specifies a 5.5 -foot sidewalk at the back of the curb line along Oakland
Avenue. Consistent with that plan, the applicants are proposing a 5.5 -foot sidewalk, to account
for the shy distance with the sidewalk at the back of the curb, Additionally, locating the sidewalk
at the back of curb will provide a continuous 26 -foot aerial apparatus fire access as required by
the Fire Code.
DISCUSSION:
On January 12, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 8-1-0 with Commissioner Chesser voting 'no'. Several
of the commissioners discussed concerns with some of the multiple variances associated with the
development, however, none of the concerns were related to the subject right-of-way dedication.
BUDGET/STAFF IMPACT:
N/A
Attachments: Staff Review Form, CC Resolution, Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
ayrle
AS
TO: Fayetteville Planning Commission
PLANNING COMMISSION MEMO
THRU: Andrew, Garner, City Planning Director
FROM: Jesse Fulcher, Senior Planner
Corey Granderson, Staff Engineer
MEETING: January 12, 2015 Updated January 13, 2015
SUBJECT: LSD 14-4919: Large Scale Development (940 WEST MAPLE ST./CHI OMEGA
HOUSE, 444): Submitted by DEVELOPMENT CONSULTANTS, INC. for property
located at 940 WEST MAPLE ST. The property is zoned RMF-40, RESIDENTIAL
MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.80 acres.
The request is to reconstruct 14,700 square feet and add 12,155 square feet to an
existing sorority house.
RECOMMENDATION:
Staff recommends approval of LSD 14-4919 with conditions of approval.
BACKGROUND:
The subject property is located at the northwest corner Maple Street and Oakland Avenue
and is developed with the Chi Omega sorority house. There is a small parking lot on the north
side of the building with direct access to Oakland Avenue, and access to Lindell Avenue and
Douglas Street through a public alley. Surrounding land use and zoning is depicted in Table
1.
Table I
Surrounding Land Use and Zoning
Direction from Site Land Use _ _ Zon� ing
North Sororit House _ P-1
South _ University of Arkansas _ P-1
East Sorority House P-1
West College Ministry________ RMF-40
Proposal: The proposal is to retain the original sorority house that was developed in the 1930's,
but remove and reconstruct the rest of the building that was a later addition. The overall
reconstruction totals approximately 14,700 square feet with a new three-story 12,155 square foot
addition over the existing parking lot.
Water and Sewer System: There are existing utilities to serve the new development.
Adjacent streets and right-of-way: This site is adjacent to Maple Street (local street) and Oakland
Avenue (local street).
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Master Street Plan: Oakland Avenue was originally platted as a 40 -foot right-of-way. Today the
street is approximately 28 -feet wide and there are relatively high traffic volumes, which is
indicative of a Local Street and a 50 -foot right-of-way. Per the Master Street Plan requirements,
an additional 5 -feet of right-of-way must be dedicated with this development and the sidewalk
along Oakland Avenue, which is being reconstructed, should be located at the new right-of-way
line.
The University of Arkansas has a Master Sidewalk Plan for all of the streets within the campus
boundary area and specifies a 5.5 -foot sidewalk at the back of the curb line along Oakland
Avenue. The applicants are proposing a 6 -foot sidewalk, to account for the shy distance with the
sidewalk at the back of the curb. Additionally, locating the sidewalk at the back of curb will provide
a continuous 26 -foot aerial apparatus fire access as required by the Fire Code. The sidewalk
along Maple Street will be reconstructed at a later date as part of a larger street and utility
reconstruction project.
Nonconforming Structures: The property is zoned RMF-40, which has a required build -to zone
along Maple Street and Oakland Avenue. The existing building is not located within the 0-25 foot
build -to zone for either street and is therefore considered an existing nonconforming structure. In
accordance with Chapter 164.12(A), up to 50% of a nonconforming structure may be
reconstructed and/or a nonconforming structure may be enlarged by up to 50%. The proposal is
to reconstruct 57% of the existing building and add approximately 50% to the existing building
square footage. The applicant must present this proposal to the Board of Adjustment for
consideration before any building permits can be issued.
Off -site Parking: There is an existing parking lot on the north side of the building that contains
approximately 20 parking spaces. Additionally, there are approximately four parking spaces
adjacent to the alley and the west side of the building. As part of the building addition, the rear
parking lot will be converted into an enclosed parking garage with three parking spaces. There
will be seven parking spaces retained on the exterior of garage. Overall parking will be reduced
by 14 spaces. The required number of parking spaces is 32 based on 32 proposed bedrooms.
The applicant can reduce the parking to 21 spaces by right, resulting in an 11 space deficiency.
The applicant has submitted a conditional use permit for an off -site parking lot that will be reviewed
at the Planning Commission meeting.
Tree Preservation:
Existing Canopy: 31.42% Preserved Canopy: 16.12% Required Canopy: 20.00%
Tree Mitigation: 7 two-inch caliper trees
Access Management/Connectivity: Access to the site will remain unchanged and in compliance
with the Access Management ordinance.
RECOMMENDATION: Staff recommends approval of LSD 14-4919 with the following
conditions:
Conditions of Approval:
1. Planning Commission determination of Urban Residential Design Standards and a
variance of Chapter 166.23(C)(4). In staff's opinion the building meets all of the design
requirements with the exception of providing a ground floor entry for any ground floor
dwelling units. With the exception of one bedroom that's provided for the house -mom on
the south (Maple Street) side of the building, all residential units are located on the top
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two floors. This single, ground -floor unit does not have an exterior entry; however, there
is a primary entry into the building on Maple Street (Sheet A1.01). Staff recommends in
favor of the variance request, finding that the primary pedestrian entry facing Maple Street
meets the intent of the code.
THE SUBDIVISION FOUND IN FAVOR OF THE VARIANCE.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
Planning Commission determination of a variance of Chapter 166.23(C)(6)(c), which
provides a maximum wall height in the front yard of 42 inches. The applicant is proposing
a screen wall along Oakland Avenue that is approximately 6,5 -feet tall or 78 inches. The
applicant is constructing a retaining wall along the edge of the new patio area and the will
require a 42 -inch guardrail above the patio elevation. Instead of constructing a guardrail,
the applicant is proposing a 42 -inch brick wall on top of the retaining wall, which when
combined, exceeds the 42 -inch wall height limit. Staff recommends in favor of the request
finding that the wall height in this location is being dictated by existing grades of the site.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE VARIANCE.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
3. Planning Commission recommendation to City Council of a variance from Chapter
166.04(B)(3)(a), which requires right-of-way dedication in compliance with the Master
Street Plan. As discussed above, Oakland Avenue is a local street requiring dedication in
the amount of 25 feet from centerline. There is currently only 19 feet of right-of-way from
centerline. The purpose of the Master Street Plan right-of-way requirements is to establish
right-of-way widths sufficient to allow construction of travel lanes, sidewalks, greenspace
and sometimes on -street parking or bike lanes, among other things. The standard for a
local street is 28 feet of pavement to provide two travel lanes and on -street parking on one
side of the street, two 5 -foot sidewalks and greenspace. Oakland Avenue already has
sufficient street width for travel lanes and on -street parking and there are sidewalks
constructed on both sides of the street, but there is insufficient greenspace between the
sidewalk and curb. The applicant is proposing a new 6 -foot sidewalk at the back of curb,
consistent with the University's Master Sidewalk Plan, and staff supports this design in
this location. Therefore, the full 25 feet of right-of-way is not needed. Staff recommends
dedication of two (2) feet of right-of-way, so all of the new sidewalk is on public property.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE VARIANCE.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
4. Planning Commission determination of a variance of Chapter 172.04(D) to allow more
than 35% of the parking to be compact spaces. The applicant is proposing that 67% of the
on -site parking be compact spaces. Staff doesn't object to six compact parking spaces for
this private development. The applicant has reconfigured the spaces staff had concerns
with, after the Subdivision Committee review.
THE SUBDIVISION COMMITTEE FUOND IN FAVOR OF THE VARIANCE, BUT
REQUEST THAT THE APPLICANT EVALUATE THE 90 DEGREE SPACES ALONG
THE ALLEY.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
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5. Planning Commission determination of a variance of Chapter 172.04(A) and (E), which
provides standards for maneuvering and parking stall and drive aisle dimension standards.
The rear drive aisle and parking spaces on the north side of the building don't meet the
minimum dimensional requirements. Though the differences in what the applicant is
proposing and what the code provides are minor, it's likely that the residents may
encounter some challenges when parking and un-parking. Additionally, it's likely that from
time to time, residents may need to back out onto Oakland Avenue. Staff is not concerned
with negative impacts to the general public, given the small number of private spaces and
low traffic speeds, and supports the variance.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE VARIANCE.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
6. Planning Commission determination of a variance of Chapter 172.04(C)(1), which requires
a masonry screen wall between 32-42 inches in height between the right-of-way and a
parking lot located within the build -to zone. The applicant has several parking spaces at
the northeast corner of the site along Oakland Avenue and within the build -to zone. The
applicant is proposing a vegetative screen in -lieu of a masonry wall. Staff recommends in
favor of this request given the small area and limited number of parking spaces that must
be screened.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
7. Planning Commission determination of a variance of Chapter 177.04(D)(1), which requires
5 feet of greenspace between a parking lot and property line. Due to the existing and
historic use off the alley as a parking, loading, mechanical, and rear building access area,
staff's opinion is that not providing the 5' landscape buffer along part of the western
property line is warranted to help facilitate ingress and egress through a major rear access
point of the building. Providing the buffer would require modifying existing conditions and
making existing parking/loading space unusable for vehicles adjacent to the alley.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE VARIANCE.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
8. Planning Commission determination of a variance of Chapter 177.04(D)(1), which requires
10 feet of greenspace between the patio and street and 15 feet between the parking lot
and street. After reviewing the landscape plan and site plan, staff feels there is adequate
space to create a large patio and accommodate parking, while still providing the required
green space. in staff's opinion, the applicant has not provided justification that meeting the
minimum requirement places an undue hardship on this Large Scale Development
application. The proposal of a new patio and retention of one or two parking spaces is not
warranting a variance of this standard requirement to provide the typical green space and
an adequate space for the required street trees along the public right-of-way. Therefore,
staff recommends denial of this variance, finding that landscape design alternatives could
accomplish development goals while still meeting the intent and purpose of Chapter 177
and best providing for public welfare along the sidewalk through shade trees and a proper
green space buffer between street and building.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE VARIANCE.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE VARIANCE.
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9. Planning Commission determination of street improvements. Staff recommends the
following improvements:
a. Construction of a 6 -foot sidewalk along Oakland Avenue at the back of curb.
b. Any sections of sidewalk along Maple Street that are damage shall be replaced
prior to C of O.
c. The alley providing access to this site has adequate width and pavement surface
to accommodate the development. Any damage to the alley or improvements
required to accommodate Solid Waste access shall be completed prior to C of O.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF STREET IMPROVEMENTS.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE STREET
IMPROVEMENTS.
10. Motorcycle/scooter and compact parking spaces shall be identified with either pavement
marking or signage.
11. All tree preservation, landscape, engineering and fire department conditions included
herein shall apply. All revisions shall be addressed prior to construction plan approval.
Standard conditions of approval:
12. Impact fees for fire, police, water, and sewer shall be paid in accordance with City
ordinance.
13. If applicable, a business license shall be obtained prior to opening the business to the
public.
14. Plat Review and Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility representatives: AR Western
Gas, SWBT, Ozarks, SWEPCO, and Cox Communications).
15. Staff approval of final detailed plans, specifications and calculations (where applicable) for
grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review process
was reviewed for general concept only. All public improvements are subject to additional
review and approval. All improvements shall comply with City's current requirements.
16. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets
are required for review and approval prior to issuance of a building permit.
17. All freestanding and wall signs shall comply with ordinance specifications for location, size,
type, number, etc. Any proposed signs shall be permitted by a separate sign permit
application prior to installation. Freestanding pole signs and electronic message boards
(direct lighting) are prohibited in the Design Overlay District.
18. Large scale development shall be valid for one calendar year.
19. Prior to building permit, a cost estimate for all required landscaping is to be submitted to
the Landscape Administrator for review. Once approval is gained, a guarantee is to be
issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of
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the plants. This guarantee will be held until the improvements are installed and inspected,
at the time of Certificate of Occupancy.
20. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on -site inspection by the Landscape Administrator of all tree protection
measures prior to any land disturbance.
c. Separate easement plat for this project that shall include the tree preservation area
and all utility easements.
d. Project Disk with all final revisions
e. One copy of final construction drawings showing landscape plans including tree
preservation measures submitted to the Landscape Administrator.
f. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu
of Installed Improvements" to guarantee all incomplete improvements. Further, all
improvements necessary to serve the site and protect public safety must be
completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy.
Planning Commission Action: 4 Approved O Forwarded O Denied
Motion #1:
Commissioner Winston made a motion to approve condition #8 for LSD 14-4919 in favor of
the variance as requested. Commissioner Selby seconded the motion. Upon roll call the
motion passed with a vote of 7-2-0. Commissioners Chesser and Cook voted 'no'.
Motion #2:
Commissioner Winston made a motion to approve LSD 14-4919 finding in favor of all
variances as requested (no tree wells required under any circumstance). Commissioner Selby
seconded the motion. Upon roll call the motion passed with a vote of 8-1-0.
Commissioner Chesser voted 'no'.
BUDGETISTAFF IMPACT:
None.
Attachments:
• Engineering Division comments
• Urban Forestry tree preservation comments
• Urban Forestry landscape comments
• Applicant's letter
• Variance exhibits
• Elevations
• Floor plan
• Site Plan
• Survey
• Close Up Map
• One Mile Map
6
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Written request and narrative to accompany Planning Commission Variance Application
Chi Omega Sorority House
City of Fayetteville, Arkansas
To: The Fayetteville City Planning Commission
On behalf of the land owner, Chi Omega Psi Chapter Corporation, I am petitioning the Fayetteville City Planning Commission for
the Planning Commission Variances as described below.
The description of this property is:
Lots Numbered Three (3), Four (4),'1'en (10), and Eleven (11) in I I.C. Evins Subdivision of Part of Blocks Three (3) and
Four (4) in Oakland Place, an addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the
office of the Circuit Clerk of Washington County, Arkansas.
Lot Numbered Twelve (12) in Block Numbered Three (3) in Oakland Place Addition to the City of Fayetteville,
Arkansas, as designated on the plat of said addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas.
This property consists of Assessor Parcels 765-09137-000 (Lot 12) & 765-09148-000 (hots 3, 4, 10, & II) and has 0.807 Acres.
The entire property is now Zoned RMF-40 after a re -zoning of the northerly portion to match the zoning of the southerly portion.
This land is not planned to be sold at this time.
The two parcels were first acquired by Chi Omega back in 1925 and 1938. The existing Chi Omega house has a total of 25,740
square feet and the proposed development will increase that to 34,795 square feet resulting in 9,055 additional square feet of floor
space. The new development will increase number or bedroom units from 31 to 32 and add some much needed studying and
gathering spaces.
The existing building will remain and will be expanded using similar materials and architecture as the existing building. Although
the bedroom unit count is only increasing by 1, the building is being enlarged to generate more and better spaces for the residents.
The site is also being enhanced with an expanded patio area on the cast and an amphitheater type outdoor space at the southwest.
Many of the large mature trees are being preserved and the area southeast of the building will remain mostly untouched.
Requested Developmental Variances:
• Minimum 5' greenspace requirement along west boundary is met for the first portion of the property running north
from Maple Street, however there is a small section adjacent to the amphitheater that encroaches and then there is a
mechanical area that encroaches into this buffer. The Mechanical area will be screened with a wall of similar
architectural design as the building. North of this mechanical area is the existing alley that remains along the rest of
the west boundary. The use all along this alley has historically been drive access, rear of building mechanical areas,
loading and parking. The use is going to remain the same along this alley and there is no opportunity for the 5' of
greenspace.
• Minimum 15' greenspace requirement along Oakland is met for the first portion of the property running north from
Maple Street. It reduces to a 10' greenspace requirement along east side of the building for the Build -to Zone;
however the east patio of the building extends out into this area. The patio will be screened with a screenwall of
similar architectural design as the building and a 6.2 to 7.2 feet strip of grcenspace provided with street trees
between the screenwall and the sidewalk. Proceeding north across the driveway at the northeast corner of the
property the greenspace is again being provided, however the full 10' requirement cannot be met due to the parking
spaces and the requirement to have hardscape within 30' of the northeast corner of the building for Fire Apparatus
and is reduced to about 6.3 feet wide.
• Maximum of 35% of on -site parking spaces are allowed to be compact car spaces. We are requesting variance for
70% of on -site parking to be compact. Because of site configuration and retaining of the south lawn as green area,
there is limited area for parking spaces on site. A Conditional Use Permit is being applied for to allow for off site
parking. This site is proposing 10 total spaces, one of which is handicap and 7 of which are compact. If the existing
23 dedicated off -site parking spaces are considered, this property would have 7 compact of 33 total parking spaces,
which would be 21 %.
• One 60 deg compact space on the site does not have the required 16.5 feet stall depth. It is the westernmost space in
the garage area, and it is very close to the required depth at 16.2 feet.
• Code requires that a fence in the front of a property to be maximum of 42" in height as viewed from the street. This
property has a patio area that meets the finish floor of the building and falls 2% away from the building. The east
edge of the patio is about 4 feet above the adjacent grade and requires a retaining wall. OSHA requires a guardrail to
extend a height of 42" above the patio in this situation. Owner plans to incorporate the guardrail and retaining wall
into the look of a single screenwall as viewed from low side. This screenwall and columns is to be built with same
architectural style and material as the east face of the house. Our hope is that this retaining
wall/guardrail/screenwall, along with the patio, and pergola are considered an enhancement and an architectural
feature of the east side of the house.
Street width of Oakland is not being widened due to the existing sidewalk masterplan agreement between the U of A
and the City of Fayetteville. This development is placing the sidewalk adjacent to the curb and leaving Oakland in
it's current width, but the sidewalk is being widened to meet the City requirement for sidewalks adjacent to curbs
and an easement will be provided for the portion of the sidewalk that extends onto the subject property.
Conditional Use Permit is also being applied for to allow for the off -site parking to make up for the needed off-street parking.
This property is located adjacent to the University of Arkansas campus and is along a row of other similar use properties, many of
which are developed with many of these same types of landscape/screening/buffering and parking.
By granting the requested Variances for the development of the property no landowner would be adversely affected and the public
interest and welfare would not be adversely affected. This request is justified and is needed at this time for the owner to continue
the process to enhance the development of their property.
Included in the Planning Commission Variance Application Packet is:
1 Application and Payment of applicable fees for processing the application: $25.00.
2 Legal description of the property.
3 Survey map of property.
4 Site plans.
5 Architectural Floor Plans, Elevations, & Materials Board.
6 Authorized agent letter.
7 CD containing a copy of submittal items.
8 This written description.
Allen Jay Young, Development Consultants, Inc.
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RESOLUTION NO.
A RESOLUTION TO APPROVE THE DEDICATION OF 22
FEET OF RIGHT OF WAY FROM CENTERLINE FOR
OAKLAND AVENUE ALONG THE EAST SIDE OF 940 WEST
MAPLE STREET AS RECOMMENDED BY THE PLANNING
COMMISSION.
WHEREAS, Oakland Avenue is an approved public street with sufficient width to meet
Local Street design standards; and
WHEREAS, the property owner will construct a new sidewalk along the property
frontage, consistent with the University of Arkansas sidewalk plan; and
WHEREAS, the Planning Commission voted 8-1 to recommend to the City Council that
a lesser dedication of right-of-way be allowed pursuant to § 166.04(B)(3)(a); and
WHEREAS, the City Council has determined that the dedication of 22 feet from
centerline for Oakland Avenue and other on -site street improvements are roughly proportional to
the impact that the construction of the development will cause Fayetteville.
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 confirms
and adopts the Planning Commission's recommendation to accept the offered 22 feet of right-of-
way dedication from centerline along Oakland Avenue along with all other on -site
improvements.
PASSED and APPROVED this
APPROVED:
day of , 2015.
ATTEST:
By: By:
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer