Loading...
HomeMy WebLinkAbout2015-11-23 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting November 23, 2015 5:30 PM 113 W. Mountain, Room 219 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the November 9, 2015 meeting. 2. ADM 15-5260 Administrative Item (617 N. COLLEGE AVE./SIDNEY'S EMPORIUM AT YACHT CLUB, 445): Submitted by SIDNEY SIMONS for property located at 617 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.42 acres. The request is for a one year mobile vendor permit. Planner: Jesse Fulcher 3. ADM 15-5259 Administrative Item (402 W. ILA ST./HEAD RESIDENCE, 445): Submitted by BOWERBIRD DESIGN, INC. for property located at 402 W. ILA ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is for a variance to the Accessory Dwelling Unit size requirements. Planner: Andrew Garner 4. LSD 15-5016: Large Scale Development (2200 INDUSTRIAL DR./MARSHALLTOWN TOOLS, 642): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 2200 INDUSTRIAL DRIVE. The property is zoned 1-2, GENERAL INDUSTRIAL, and contains approximately 15.34 acres. The request is for construction of an approximately 51,200 square foot addition to the existing building with associated parking spaces. Planner: Quin Thompson 5. PPL 15-5236: Preliminary Plat (SOUTH OF POWDERHORN DR./MTN. RANCH SID, PH. III, 478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SOUTH OF POWDERHORN DR. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, CS, COMMUNITY SERVICES, AND NC, NEIGHBORHOOD CONSERVATION and contains approximately 101.70 acres. The request is for 87 single-family lots. Planner: Andrew Garner Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6. LSD 15-5213: Large Scale Development (NE CORNER OF E. MORNINGSIDE DR. & E. PUMP STATION RD./PRISM EDUCATION CENTER, 603): Submitted by EB LANDWORKS, INC. for property located at the NE CORNER OF E. MORNINGSIDE DR. & E. PUMP STATION RD. The property is zoned I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, and contains approximately 10.07 acres. The request is for an 18,100 square foot school with associated parking. Planner: Jesse Fulcher 7. LSD 15-5097: Large Scale Development (NORTH OF 1967 W. TRUCKERS DR./GRAND RETIREMENT COMMUNITY, 208): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 1967 W.TRUCKERS DR. The property is zoned RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and contains approximately 20.54 acres. The request is for construction of a retirement community consisting of a main building with 109 units, 55 single family cottages, and a clubhouse with associated parking. Planner: Quin Thompson Old Business 8. CUP 15-5202: Conditional Use (1335 W. DEANE ST./EAGLE HOLDINGS COTTAGES, 365): Submitted by ESI ENGINEERS, INC. for property located at 1335 W. DEANE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.40 acres. The request is for Use Unit 44, Cottage Housing Development, in an RSF-4 zoned district. Planner: Jesse Fulcher 9. RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDs, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone the properties back to their previous zoning before the PZDs were approved. Planner: Andrew Garner New Business 10. VAR 15-5263: Variance (4299 W. PERSIMMON ST./MCNAUGHTON OFFICE, 478): Submitted by BLEW & ASSOCIATES, INC. for property located at 4299 W. PERSIMMON ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 1.00 acre. The request is for a variance of the parking lot cross connection requirements. Planner: Quin Thompson 11. CUP 15-5233: Conditional Use (5549 S. GEORGE ANDERSON RD./CUSTOM LAWN CARE, 101): Submitted by DARYL OTTAVIANO for property located 5549 S. GEORGE ANDERSON RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.78 acres. The request is for a lawn care business in an RSF-4 zoning district. Planner: Jesse Fulcher 12. CUP 15-5241: Conditional Use (NE OF OLD WIRE & OLD MISSOURI RDS./KEENAN, 254): Submitted by JORGENSEN &ASSOCIATES for property located NE OF OLD WIRE & OLD MISSOURI RDS. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 56.21 acres. The request is for a tandem lot. Planner: Jesse Fulcher 2 The following items have been approved administratively by staff LSP 15-5234: Lot Split (SW CORNER OF W. MITCHELL ST. &S. LEWIS AVE.fWARD- HENSEN, 520): Submitted by BATES &ASSOCIATES, INC. for properties located at the SW CORNER OF W. MITCHEL ST. & S. LEWIS AVE. The properties are zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and C-2, THOROUGHFARE COMMERCIAL and contain approximately 0.97 acres. The request is to split 3 parcels of 0.31, 0.50, and 0.16 acres into 4 lots containing approximately 0.17, 0.21, 0.48, and 0.14, acres. Planner: Quin Thompson Announcements Adjourn NOTICE TO MEMBERS OF THE AUDIENCE: All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chairrecognizes you, go to the podium and give yourname and address.Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. 3 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission November 09, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, Jonathan Ely— Development & Construction Manager, Blake Pennington —Asst. City Attorney, and Kit Williams—City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch In Attendance: Sarah Bunch, Ron Autry, Kyle Cook, Janet Selby, Thomas Brown, William Chesser, Tracy Hoskins, Ryan Noble and Matthew Hoffman Absent: Staff: Andrew Garner, Jesse Fulcher, and Blake Pennington 2. Consent Agenda: Approval of the minutes from the October 26, 2015 meeting. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 3. Old Business: LSD 15-5184: Large Scale Development (SE CORNER N. BOB YOUNKIN DR. AND E. APPLEBY RD.1WRMC OFFICES, 251): Submitted by USI ENGINEERS, INC.for properties located at the SE CORNER OF N. BOB YOUNKIN DR. & E. APPLEBY RD. The properties are zoned R-O, RESIDENTIAL OFFICE, and contain approximately 5.22 acres. The request is for two office buildings totaling 68,865 square feet and associated parking. Jesse Fulcher, Senior Planner, read the staff report. Bob Bradley, Washington Regional, discussed the capacity issues of the existing hospital facilities and the need for this new project. The majority of our patients have mobility issues and need easy access to the front of our building. We were surprised by the tabling at the Mailing Address: Planning Commission 113 W. Mountain Street www.fayet febff.�6u2015 Fayetteville,AR 72701 Agenda Item 1 11-09-15 Minutes Page 1 of 8 last meeting. We need someone on city staff to shepherd these projects through the development process. Tonight we need you to approve or not approve this project. Larry Shackelford, Washington Regional, discussed the building design and location as well as meetings with neighbors. Chuck Nickle, applicant, discussed the past meetings with staff and the plans that were approved in 2006. Our first plan revisions were based on a different property, but the last 10 have been on this site. We need the 5 ADA spaces out front, but can lose the other 3. Bob Hill, neighbor, stated that the hospital has done what they can for the neighbors. We've met with them since the last meeting. Please let them keep the 5 spaces up front. Kit Williams, City Attorney, stated that the Mayor wrote them a letter and he appreciates the changes to the plans and feels that the ADA spaces are needed. I'm glad the Planning Commission tabled the project at the last meeting. Commissioner Hoskins asked where the elm tree is located. Fulcher stated that it will be removed with the current design. Motion: Commissioner Hoskins made a motion to approve LSD 15-5184. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. All in favor of all conditions except striking number 3. RZN 15-5209: Rezone (NE CORNER OF MCGUIRE ST. & VAN ASCHE DR./MCCLINTON, 171): Submitted by TOM TERMINELLA for property located at the NE CORNER OF MCGUIRE ST. & VAN ASCHE DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 18.34 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERICAL. RZN 15-5214: Rezone (WEST OF N. GREGG AVE. & W. VAN ASCHE DR./WG LAND COMPANY, 210): Submitted by TOM TERMINELLA for properties located WEST OF N. GREGG AVE. & W. VAN ASCHE DR. INTERSECTION. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 186.65 acres. The request is to rezone the properties to C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERCIAL. Andrew Garner, City Planning Director, gave the staff report for both RZN 15-5209 and 15- 5214. Tom Terminella, applicant, was present for any questions. Public Comment: Planning Commission November 22,2015 Agenda Item 1 11-09-15 Minutes Page 2 of 8 Aubrey Shepherd, discussed wet prairie and wildlife in the area. The goals for infill say 'appropriate'. Infill on wetland is inappropriate. Joshua Baxter, live on Martin Luther King in S. Fayetteville. He stated his extensive educational background. A few years ago I had the opportunity to work with Greg Nabholtz on Argenta neighborhood. The only thing that will keep me in Fayetteville are mixed use and walkable neighborhoods. I appreciate the development of our economy. I think we have enough C-2 or C-3. I think environmental considerations should also be considered in this space. If we want to keep Fayetteville the leading city that it is we should be very careful as to how we rezone this area. No more public comment was presented. Commissioner Chesser discussed previous agreements on this property and how they related to this zoning. He indicated that he has not been able to find evidence otherwise than indicated in the email from the previous mayor. I will be voting for denial on this. Commissioner Hoskins discussed that the thing that bothers me about this is that some of it will get form-based commercial zoning. The problem I have with this application is that this is a huge rezoning. We don't really know how traffic will move through this. This area with the new Van Asche even with the size of it has limited access, comparably. I don't know with this agreement if there was anything that said this all has to be brought through as a massive rezoning or was it going to be piecemealed over time. Kit Williams, City Attorney, discussed the background of the agreement for this property. We have to go back to the original agreement. He discussed that the only commercial districts have commercial in their name: C-1, C-2, C-3. Contracts are interpreted against the drafter. If there is any ambiguity, it would be construed against the drafter which is the city. He discussed that he is not sure that a rezoning is required. He read through the agreement that discussed that the zoning should come through at the time of development. My real question is: have they fulfilled their part of this agreement related to the zoning: "Actual development and construction of improvements." Have they actually constructed improvements? Commissioner Hoskins discussed that there is a lot of stuff that could be construed one way or another in this agreement. LIT and CS do not require mixed use. They could do an entirely commercial development. I am curious as to why they did not ask for rezoning earlier. Commissioner Chesser stated support of C-2 and C-3 on some portions of this property. What if they wanted to rezone this in 20 years? Is there a time limit on this? Kit Williams, City Attorney, gave an example of the terms of contract and that we cannot change the contract. Commissioner Chesser discussed that he felt the form-based code we have is commercial. The politicians can hash this out and it can be appealed. Commissioner Hoskins discussed that his lack of support is that a majority of this should be form-based and we don't know how traffic will move through it, we don't know how it will Planning Commission November 23,2015 Agenda Item 1 11-09-15 Minutes Page 3 of 8 be developed. I would never have expected this large of a project to come through in one rezoning. Chairman Bunch recognized Tom Terminella. Tom Terminella asked if any commissioners contacted the applicant or myself. He discussed the background of the construction of Van Asche through this property. I have spent $350k redesigning Van Asche that has been built. To address Mr. Hoskins concerns we have a voluminous amount of documents that show the future street connections. No one has engaged us or asked us. This family has owned the property for four generations. Everybody is working off these assumptions. Nobody has asked us. We have 3.5 years of professionals that have calculated everything for development of this property. I site here tonight wondering, we are not willing to bargain away our rights to a municipality when they don't have a single dollar at stake. I am not willing to agree to form-based forming to allow two people in the planning department to administratively dictate everything down to the shingle color. This acreage is surrounded by industrial. To sit here and say we will create an urban center in the middle of an industrial park. I understand the importance of pedestrian communities but I am not for bargaining our rights away. We want our entitled rights. That is what has been memorialized. I agree that form-based districts provide substantial opportunities. He read from the City Attorney's memo discussing the agreements and the zoning districts. I'm at a point ....It would be good for staff to engage the citizens of Fayetteville and developers. We plan to develop a healthy, walkable community. We respectfully ask you to vote this up or down. But not to give the landowners consideration in our planning is just wrong. Commissioner Brown asked about the role of planning commission to help design this property to meet the goals of City Plan 2030. Garner discussed that it is not the role of the planning commission to design the property. It is the role of the developer to design the property. Commissioner Brown asked if he is willing to do a PZD. Tom Terminella said that yes they have looked at that. The new districts that have been created allow property to be approved or denied by staff. Planning staff is asking us to bargain away our decisions. We are not comfortable with that. If there was an issue with the C-1, C-2, C-3, why is it in our development code. Commissioner Cook said it's funny because what started the conversation on this property was water and sewer. The City of Johnson could not provide water and sewer to this land. I don't necessarily agree with Kit's rigid definition of the agreement.We understand that you are taking the risk.We are just doing what we are tasked to do by city council and implement the goals of the city. Ultimately we are moving toward the form-based code. Commissioner Hoffman discussed positively about the excitement of Mr. Terminella and his ideas for Fayetteville. He also stated agreement with the other commissioners' comments about discouraging the C-2 and C-3 zoning. Motion for RZN 15-5209 (McClinton): Planning Commission November 24,2015 Agenda Item 1 11-09-15 Minutes Page 4 of 8 Commissioner Chesser made a motion to deny RZN 15-5209. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Motion for RZN 15-5214 (WG Land Company): Commissioner Chesser made a motion to deny RZN 15-5214. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 4. New Business: CUP 15-5224: Conditional Use (3980 W. WEDINGTON DR./BLACKBIRD TATTOO, 400): Submitted by ERIC ALLEN for properties located at 3980 W. WEDINGTON DR. The properties are zoned CS, COMMUNITY SERVICES and contain approximately 1.71 acres. The request is for Use Unit 16 (Tattoo & Piercing) in a CS zoned district. Andrew Garner, City Planning Director, gave the staff report. Thomas Allen was present for the applicant. No public comment was presented. Commissioner Hoskins asked about the hours of operation. Commissioner Chesser asked the applicant about the hours of operation. Thomas Allen discussed that he is okay with the hours. Motion: Commissioner Chesser made a motion to approve CUP 15-5224 with conditions as recommended by staff. Commissioner Shelby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. CUP 15-5230: Conditional Use (2536 N. McCONNELL AVEJARKANSAS FIGHT LEAGUE, 287): Submitted by RICHARD QUINN for property located at 2536 N. McCONNELL AVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 64.37 acres. The request is to allow Mixed Martial Arts events at the Washington County Fairgrounds. Jesse Fulcher, Senior Planner, read the staff report. Richard Quinn, applicant, state his son's the promoter and they feel there is a demand in the area for this type of event. Commissioner Chesser, stated he was okay with the use. Planning Commission November 25,2015 Agenda Item 1 11-09-15 Minutes Page 5 of 8 Motion: Commissioner Chesser made a motion to approve CUP 15-5230 with conditions as recommended by staff. Commissioner Shelby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. CUP 15-5202: Conditional Use (1335 W. DEANE ST./EAGLE HOLDINGS COTTAGES, 365): Submitted by ESI ENGINEERS, INC. for property located at 1335 W. DEANE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.40 acres. The request is for Use Unit 44, Cottage Housing Development, in an RSF-4 zoned district. Jesse Fulcher, Senior Planner, read the staff report and recommended that they table the project until the next meeting. Bo Wilkins, applicant, stated that they've worked through several designs so far and would like to hear the Commissioner's feedback. Joyce Richards, neighbor, stated that 10 structures are too many and not compatible with the neighborhood. Infill is good, but over-fill is not. Aubrey Shepard, citizen, stated that this is a wet property. Commissioner Chesser stated that densifying the City is a good way to limit expansion on the edges of the City, which preserves the land areas that Mr. Shepard discussed. Post war development pattern got us use to seeing low density development pattern. I'm in favor of this, but would like to see trees preserved as much as possible. Commissioner Hoffman stated he was excited about the project. Commissioner stated that the project they saw down the street created drainage issues — drainage is an issue in this area. Motion: Commissioner Chesser made a motion to table CUP 15-5202 until next planning commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. RZN 15-5223: Rezone (SE CORNER OF W. MLK BLVD. &S. STADIUM DR./STADIUM & RAILROAD, LLC, 522): Submitted by BLEW&ASSOCIATES, INC.for property located at the SE CORNER OF W. MLK BLVD. & S. STADIUM DR. The property is zoned RMF- 24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 2.53 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planning Commission November 26,2015 Agenda Item 1 11-09-15 Minutes Page 6 of 8 Quin Thompson, Current Planner, read the staff report. Jorge Duchesne, Applicant, said that his client was in agreement with planning staff. Aubrey Sheppard, Citizen, said that large [overhead] power lines create a dangerous condition on this site, and discussed the deaths that occurred during construction of the Vue apartments on this hill above this site. He said that mistakes in the storm drainage design of that project caused flooding recently. Kit Williams, City Attorney, said that development should not be discussed during a land- use decision. Sheppard said that all the properties downstream should be considered before development. He said that more flooding should be expected. Kyle Cook, Commissioner, asked staff if a stand-alone parking lot would be allowed under the proposed zoning. Andrew Garner, Planning Director, said that such parking lots were allowed only by Conditional Use Permit in any district. William Chesser, Commissioner, asked staff to identify the course of the stream on the property. Tom Brown, Commissioner, said that he liked the CS zone, but had concerns about creating more access points to Martin Luther King BLVD. He asked if a limitation was allowed as a part of the rezone recommendation to Council. Williams said that conditions were not allowed when considering land use. Motion: Commissioner Chesser made a motion to forward RZN 15-5223 to the city council with recommendation in favor. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDs, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone the properties back to their previous zoning before the PZDs were approved. Andrew Garner, City Planning Director, gave the staff report. Public Comment: Marilyn Heffner lives next to Villas at Stonebridge and wished it would go back to agriculture. Planning Commission November 27,2015 Agenda Item 1 11-09-15 Minutes Page 7 of 8 No more public comment was presented. Motion: Commissioner Chesser made a motion to table RZN 15-5194 until the next meeting. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. VAR 15-5245: Variance (434 SPRING ST./SPRING STREET PARKING DECK, 484): Submitted by AFHJ ARCHITECTS, INC. for property located at 434 Spring St. The property is zoned MSC, MAIN STREET CENTER, and contains approximately 1.16 acres. The request is for a variance to the Downtown Design Overlay District requirements. Jesse Fulcher, Senior Planner, read the staff report. Commissioner Hoskins asked staff why they supported this variance. Fulcher stated that this glazing was above and beyond what was required by the downtown design standards and was an aesthetic improvement. Further, the glazing is on the wall to the mechanical room. We wouldn't be supporting this variance if it was for storefront. Commissioner Hoskins stated that he barely noticed this and just wanted to hear staff's opinion on the matter. Commissioner Brown stated that the view of the deck from the west isn't great. This is something we should look at for screening. Andrew Garner, City Planning Director, stated that there were some recent code changes that may address this exact issue. Motion: Commissioner Hoskins made a motion to approve VAR 15-5245 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 5. Reports: No reports 6. Announcements: 7. Adjournment Time: 8:15 PM 8. Submitted by: City Planning Division Planning Commission November 28,2015 Agenda Item 1 11-09-15 Minutes Page 8 of 8 CITY OF Taye evi Ie PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: November 23, 2015 SUBJECT: VAR 15-5263: Variance (4299 W. PERSIMMON ST./MCNAUGHTON OFFICE, 478): Submitted by BLEW & ASSOCIATES, INC. for property located at 4299 W. PERSIMMON ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 1.00 acre. The request is for a variance of the parking lot cross connection requirements. RECOMMENDATION: Staff recommends approval of the requested variance based upon the findings herein. BACKGROUND: The property is located at 4299 W. Persimmon Street. The applicant has submitted a Site Improvement Plan (SIP 15-5182) to redevelop this site with an office of 4,360 square feet. The site is next door to a residential nursing home facility (Katherine's Place). An access easement was platted for the Katherine's Place project with the intention that cross access would be provided in the future, to the subject property. The surrounding zoning and land use is listed in Table 1. Table 1 -Surroun ina Zonina and Land Use Direction Land Use Zoning from Site North Single-family Residential R-PZD, Cross Keys SD South Undeveloped R-A, Residential-Agricultural East Private School P-1, Institutional West Katherine's Place Nursing P-1, Institutional Home DISCUSSION: Request: The applicant is requesting a variance from Unified Development Code section 166.25(D)(2)which requires the development to provide cross connection to Katherine's Place, a nursing home facility. Variance: RECOMMENDATION: Staff recommends approval of the variance request. Mailing Address: Planning Commission 113 W.Mountain Street www.fn�rAvllcy.gov Fayetteville, AR 72701 15-5263 McNaughton Office Page 1 of 8 Determination: 1, Planning Commission determination of a variance of Unified Development Code section 166.25(D)(2). Staff recommends approval of the variance, finding that the variance is justified in this case due to the different uses of the adjacent nursing home facility and the proposed real estate office. Given the safe and adequate curb cut locations for both properties and a lack of a need for cross access, it is not critical for traffic to move between these businesses. Planning Commission Action: ❑ Approved o Forwarded ❑ Denied Meeting Date: November 23, 2015 Motion: Second: Vote: BUDGETISTAFF IMPACT: None. Attachments: Unified Development Code 166.25 section D Request letter Existing Access Easement Site plan Close up map One mile map GIETCIDevelopment Services ReviewQO15tDevelopment Review115.5231 VAR 722S.Locust Ave. Planning Commission (Southside Townhomes)103 Planning Commission%10.26-2015\Comments and Redlines November 23,2015 Agenda Item 2 15-5263 McNaughton Office Page 2 of 8 (b) 166.25 Commercial, Office and Mixed Use Design And Development Standards (A) Purposes. cap) (adi (1) To protect and enhance F i appearance, identity, and naturaltural and and economic vitality. (2) To address environmental concerns which include, but are not limited to, soil erosion, vegetation preservation,and drainage. (3) To protect and preserve the scenic (2) A development which contains more than resources distributed throughout the city one building should incorporate a recurring, which have contributed greatly to its unifying, and identifiable theme for the entire economic development, by attracting development site, without replicating the tourists, permanent part-time residents, new building multiple times. industries, and cultural facilities. (3) A development should provide compatibility (4) To preserve the quality of life and integrate and transition between adjoining the different zones and uses in a compatible developments. manner. (4) All structures shall be architecturally (5) To address the issues of traffic, safety, and designed to have front facades facing all crime prevention. adjacent street and highway rights-of-way, and shall include at least one prominent (6) To preserve property values of surrounding entry-way on the principal fagade(s). property. (5) All buildings should be constructed of wood, (7) To provide good civic design and masonry, or other similar durable material. arrangement. (D) Site Development and Design Standards. (B) Applicability. These design and development o standards apply to commercial developments, (1) Site coverage. A maximum of office developments, Small Scale Production, development site may be covered byy the the those parts of a Planned Zoning District or other ground floor of any structure, parking lots, mixed use developments with commercial and sidewalks, and private streets and drives or elements and to industrial developments any other impermeable surface. Properties office within the Overlay District. located within the Downtown Master Plan boundary are exempt from this requirement. (C) Building Exterior Appearance and Design Standards. The following exterior development (2) Driveways. Shared drives and cross access standards and design element guidelines shall be between properties shall be encouraged to followed: adjacent developed and undeveloped properties. (1) The elements to avoid or minimize include; (3) Mechanical and utility equipment and refuse (a) Unpainted concrete precision block containers shall be screened if visible from walls; the highway/street right-of-way or from residential property as set forth below: (b) Square"boxlike"structures; (a) Mechanical and utility equipment. (c) Metal siding which dominates the principal facade; (i) All mechanical and utility equipment located on the wall and/or on the (d) Large blank, unarticulated wall surfaces; ground shall be screened with vegetation, by incorporating Elements to Avoid screening into the structure, or by utilizing paint schemes that Planning Commission November 23,2015 Agenda Item 2 15-5263 McNaughton Office Page 3 of 8 Your Real Estate Connector McNAUGHTONREAL ESTA-1 E November 5, 2015 City of Fayetteville Planning Commission 113 West Mountain Street Fayetteville, AR 72703 SUBJECT: McNaughton Real Estate Office SIP Dear Commissioners: As part of the Site Improvement Plan process for the McNaughton Real Estate Office (SIP 15-5182), located at 4299 W. Persimmon Street, the City of Fayetteville Planning Department is requiring the developer to connect to the existing parking lot on the adjacent property to the West, Katherine's Place Retirement Center. Ms. Terri McNaughton, Managing Member of McNaughton Investments, LLC disagrees with this requirement for the following reasons: 1. Katherine's Place provided an access easement along the property line to allow for the connection but they were not required to provide a stub-out from their parking lot to the property line for a future connection. So McNaughton Investments, LLC would have to traverse the distance on the adjacent property to make the connection at a cost that should have been borne by Katherine's Place. 2. Connecting to Katherine's Place would allow for the debilitated elderly to more easily cross into the real estate office's property. Which could pose a liability for McNaughton Real Estate Office. 3. Ms. McNaughton's property and the vacant parcel to the East will be for commercial use as a real estate office and a future office/commercial structure. Katherine's Place is a residential type use. These two uses are not compatible and should not be required to connect. We are seeking a determination from the Planning Commission that, in the case of this project, UDC 166.25.D.2, which states: "Shared drives and cross access between properties shall be encouraged to adjacent developed and undeveloped properties' does not apply. McNaughton Investments, LLC, does not wish to connect to the adjacent property to the West, Katherine's Place. We thank you for your consideration. Sincerely, Broker/Owner PB00001140 i Planning Commission November 23,2015 Agenda Item 2 15-5263 McNaughton Office Page 4 of 8 ^�l Y I i G I_ ti I. III OD a I c�: .T '.I - ', Eli I moi' i icy :A 't' - - hl lid• yk = •iw x .I} } DMIA tuDH `1010"WKI ij44()�w�dnntq:,K ,, VU It�d r%d in L anAnission November 23,2015 15-5263 McNaughton Office Page 6 of 8 McNAUGHTON OFFICE Close Up View PLJT-nNG GREEN DR Si WEDGE e- MAR a SUBJECT PROPERTY PERSIMM •) I l II •.II fi .. JJ.F r1.•, — 1=' _. — I n l ti- I rte'Y r� • If_ Yi : -„s � `mak■1 '� .:�'� � l5 i �~a �_ '�' plc II�� I II I'I_�� ..: -.I,,�1 •� - ,f L 1� ..i• ,1 � _�It�-rll f� �I .�I 1F � �` IIS• -1. fl� -_ l ~11� L'��. `I :- "{'\r.1 I �Imo'- •_T.L�f - I-. � - � 'f - . Shared-UseNei 1 �?I I a e o oa� ef��N l} 11�� I• I — .1 f1.J Fayetteville City Lbits Footprints Hillside-Hilltop f♦ District Design Overlay Di rict el450 600 e • e 15-5263 McNaughton office • • � :w 1■ �In 4Ii � .r nNC/At�l�.fllHlq - ^^LI .C�[1 rt � p��� it: w 41 iw- •', - 1111 qr/ �" /a7 li al° A If I • . I�r. �J# y .. ,1111111SII /11 r1l11l�r II 1111 ' ��. ,.. .. 111111 N Ylfilil1111 ip • '� I � I/�1,41L 11111111tiIlt ',� f ^ 1 .11,Lt11 tfT r111111nR T rIHl11111( �I wI 11l •r NI 1•.II.:E1i111 : , 11 _• ri f : .� �►�N fir', ! CITY OF Saye eN le PLANNING COMMISSION MEMO ARKAANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner MEETING DATE: November 23, 2015 SUBJECT: ADM 15-5260 Administrative Item (617 N. COLLEGE AVE./SIDNEY'S EMPORIUM AT YACHT CLUB, 445): Submitted by SIDNEY SIMONS for property located at 617 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.42 acres. The request is for a one year mobile vendor permit. RECOMMENDATION: Staff recommends approval of ADM 15-5260 with conditions. BACKGROUND: The subject property is located at the southwest corner of the intersection of Trenton Boulevard and College Avenue, and is occupied by several airstream trailers. The applicant, Sidney's Emporium, obtained an annual mobile vending permit for this property, which expired on April 24, 2015. DISCUSSION: Request: The applicant requests a Mobile Vendor Annual Permit for location on private property. The business (a clothing vendor) has operated in the requested location since April 24, 2014 and operated in compliance with City code until April 24, 2015 at which point the applicant's mobile vendor permit expired. The applicant did not stop operating at this location in April, but it does not appear that the applicant intended to operate without a current permit. The applicant submitted a new mobile vendor permit earlier this month to continue operating from the Yacht Club property. RECOMMENDATION: Staff recommends approval of ADM 15-5260, finding that the business meets the minimum requirements and intent of Chapter 178.04, which states: The purpose [of the ordinance] is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition. Condition of Approval: 1. The permit shall be valid for 365 days from the date of the previous expiration date, allowing this business to remain in its current location until April 24, 2016. At that time the applicant should request a new permit or move to a new property. Mailing Address: Planning Commission 113 W Mountain Street www.fJ@Y ''��z�r66 V Fayetteville, AR 72701 genda em 15-5260 Sidney's Emporium Page 1 of 14 2. In accordance with Federal ADA law and City Code (UDC Section 178.04.D.8), the trailer for this vendor does not meet ADA compliance, therefore the general public are not permitted to access/shop in the interior of the trailer. PLANNING COMMISSION ACTION: Required Date: November 23, 2015 O Approved O Forwarded O Denied Motion: Second: Vote: Notes: FINDINGS OF THE STAFF 178.04 Outdoor Mobile Vendors Located On Private Property (A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition. (C) Mobile Vendor Annual Permit. Mobile vendors are allowed to locate for one year in the same location with approval of the Planning Commission as an administrative item. After the one year period has expired the mobile vendor may move to another location or may request a one year renewal from the Planning Commission. (1) An annual mobile vendor permit may be issued by the Planning Commission after making the following determinations: (a) All of the requirements of 178.04(D) have been met. (See attached UDC section) Finding: The applicant has complied with all requirements of 178.04(D). (b) The applicant has established that the operation of the mobile vendor will foster an aesthetically appealing streetscape and will not create a dangerous traffic condition. Finding: The subject property has been utilized for several years for mobile vending and maintains a clean and orderly appearance. To the knowledge of staff this business has operated from this location without creating dangerous traffic condition. (c) The mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. Finding: The business does not sell food or beverages. Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5260 ADM 617 N.College Ave.(Sidney's Emporium-Nnnonv ffi It m 2015 Vendor\03 Planning Commission\11-23-2015\Comments and Redlines Item 3 � 9 15-5260 Sidney's Emporium Page 2 of 14 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Chapter 178.04 • Application • Site Plan • Vendor photograph • One Mile Map • Close Up Map Planning Commission GAETC\Development Services Review\2015\1)evelopment Review\15-5260 ADM 617 N.College Ave.(Sidney's Emporium-APpveber 23,2015 Vendor)\03 Planning Commission\11-23-2015\Comments and Redlines Age a Item 3 15-5260 Sidney's Emporium Page 3 of 14 UDC Chapter 178.04: Outdoor Mobile Vendors Located On Private Propertv (A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition. (B) Mobile Vendor Six Month Permit. Mobile vendors are allowed to operate on a temporary basis for a maximum of six months in one location during a calendar year with administrative approval of the Planning Division. Mobile vendors utilizing a six month permit may request to relocate to a different site at least one quarter mile (1,320 feet)from the original location after this—six month period has expired. However, a new mobile vendor application shall be reviewed and approved by the Planning Division for every new location. This permit will expire six months from the date issued and the mobile vending unit shall be removed from the property. The mobile vendor owner also has the option of requesting an annual permit from the Planning Commission at or before the end of their initial six month permit time period. (1) A six month permit for a mobile vendor business shall be approved and issued administratively by the Planning Division after making the following determinations: (a) All of the requirements of 178.04(D) have been met. (b) The applicant has established that the operation of the mobile vendor will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (c) The mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. (C) Mobile Vendor Annual Permit. Mobile vendors are allowed to locate for one year in the same location with approval of the Planning Commission as an administrative item. After the one year period has expired the mobile vendor may move to another location or may request a one year renewal from the Planning Commission. (1) An annual mobile vendor permit may be issued by the Planning Commission after making the following determinations: (a) All of the requirements of 178.04(D) have been met. (b) The applicant has established that the operation of the mobile vendor will foster an aesthetically appealing streetscape and will not create a dangerous traffic condition. (c) The mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5260 ADM 617 N.College Ave.(Sidney's EmporiuriJi oWB4@r 23,2015 Vendor)\03 Planning Commission\11-23-2015\Comments and Redlines Agenda Item 3 15-5260 Sidney's Emporium Page 4 of 14 (D) Mobile Vendor Permit Requirements. All mobile vendors located on private property with Six Month or Annual Mobile Vendor Permits shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business on private property shall be accompanied by a$100 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. (2) Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division: (a) Name, address, contact information and signature of both the property owner and the mobile vendor requesting to locate on private property. (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) A detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed dining or sitting areas. (e) Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business. (6) The proposed use must be a permitted use-by-right within the underlying zoning district. (7) Mobile vendors shall maintain compliance with parking lot requirements for the existing business and the proposed mobile vendor business. The number of required parking spaces is determined by the use and size of the proposed mobile vendor business and by the use and size of the existing business. The use of parking for a mobile vendor may not reduce the number of spaces below the minimum required for other uses occurring on the property. The location of the mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (8) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit. Planning Commission WETCOevelopment Services Review12015\Development ReviewN1 \15-5260 ADM 617 N.College Ave.(Sidney's Emporium- O1 Item 2015 Vendor)\03 Planning Commission\71-23-2015\Comments and Redlines 15-52Hi6 temm 3 60 Sidney's Emporium Page 5 of 14 $100 Fee CITY OF Fae �V�Ile u°�� ARKANSAS /5- 5200 MOBILE VENDOR PLEASE CHECK THE APPLICABLE PERMIT TYPE BELOW __MOBILE VENDOR(6 MONTH PERMIT) MOBILE VENDOR(ANNUAL PERMIT) (Administrative Review) (Planning Commission Review) Please fill out this form completely,supplying all necessary information and documentation to support yew request. Your application will not be considered complete or processed for review until all necexsnry information is funtbbed. Annlication: Nance- 1Dhle SImooS Business/Vendor Nmne: &bA E-mail: S'lL"' �reVS -ij? aVpCOrhm, Addacs+- fA. (11.fr/e. 1�\Iry . >✓�rl�.r7SVILL0 k '7?_-701 Phone., 701 56-/4 QQL Vending Location/Addresv 621-7 4.C U l LEL (5�AW . Product for Sale or Service Offered(Describe): ❑ 1. Food/Beverage: (attach a menu if availab lot 2. Product: Tu=I�AW, i-5111/ i1� t aSOP1ESJ_ ALC d S ' (u l T� ❑ 3. Service: Products for sale by permanent businesses located immediately adjacent to and on the same side of the street: Permanent Business Name Address /Products for Sale / I S(./.44tf-IC11i��rf �' —� Description of Mobile Device or other structure to be utilized for conducting the business. 181.1_ ISI M gpr_!:_�W4 _� Planning Commission November 23,2015 Agenda Item 3 15-5260 Sidney's Emporium Page 6 of 14 Staff Use Only Number of Parking Spaces Required for the mobile vendor _ Is adequate parking provided?(explain ifneeded): Zoning District: _ Use Unit(City staff use only): Administralive Approval: For the purposes of Ch. 178 Outdoor Mobile Vendors of the Unified Development Code,it shall be unlawful to openfor business until a permit has been issued by the City Planning Division.Approval of this application shall confirm that the proposed use conforms to the requirements of the City's zoning code.The permit for outdoor vending on private property is hereby approved,and is valid for the time period noted below. Start Date: End Date: Zoning&Development Administrator Date Conditions: • The mobile vending device must be removed from the property after the permit expires (UDC 178.04.B).However,if a conditional use permit is approved for a Mobile Vendor Court by the Planning Commission, the mobile vending device may remain permanently. • The mobile vending device is permitted in the location as indicated on the approved site plan (attached). • To ensure compliance with ADA no member of the public may go inside the mobile vending device,unless the device has been inspected and approved verifying that it is ADA compliant. Planning Commission November 23,2015 Agenda Item 3 15-5260 Sidney's Emporium Page 7 of 14 Square Feel of Mobile Device or Structure:__ 110 6 T Description of any additional structures to be used in conducting the business,including but not limited to stairss,,�^v*`,�/� decks,tents,or enclosures:(food truck,trailer,table,tent,etc.) E2—UT 1��r C—LOM4 I` l {=0�Q1 n►F ' �I P,S _ l Number of parking spaces on the property:_���5.�w{�AL _P,tppil1 d)L-q. k Desetibe parking on the property(i.e.,shared parking lot,vacant parcel,eta). a-LT91 6 2--07.77 Arkansas Sales and Use Tax iDNmnber: 00 C14 Di6 O-LD— 5�-� Date of Approval by the Arkansas Department of Health(attach a copy of the per nit)Kf— APPLICANT/VENDOR:I certify Linder penalty of perjury that the foregoing statements and answers herein made, all data,information,and evidence herewith submitted are in all respects,to the best of nay knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application wmpleteaess,determination,or appmval. 1 understand that the City might not approve what I am applying for,or might set conditions of approval. apSIapproval.va�l. NAME(PRINTED): Si fl N G C X1 0 A) Date: Stenature: e, c PROPERTY OWNER(S):1/we certify under penally of perj ury that I amhvc are the owner(s)of the property that is the subject of this application and that I/we have read this application and consent to its filing.Further,Uwe certify that permission is hereby given to the applicant/vendor listed above for the operation of an Outdoor Mobile Vendor business on the subject property,as described herein. NAME(PRINTED): Date:a _—, Simature: Planning Commission November 23,2015 Agenda Item 3 15-5260 Sidney's Emporium Page 8 of 14 011y of Fayethovllle 113 West Mountaln Remittance Source Document Fayatlevllle,AR 72701 (479)521-7700 Fox(479)5844730 Report Date 11A)QI201503:35 PM Svtm Med tly Amy Slone Page l Trn R 107150 Tin Dsta 11/0&701815:35 template Typo USE AIPM 0035 Customer SIDNEY'S EMPORIUM Address 597 W.DICKSON STREET Cash Payment Chock p 100.00 FAYETTEVILLE AR 72701 Fess` Item- - Oest Budget Amount Foe Amount Due MOBILE VENDOR FEE 1328 100.00 100.00 Total Amount 100.00 100.00 Amount Confirmad 0.00 Total Amount On 100.00 PAYMENT MUST BE MADE IN FULL REMITTANCE SOURCE DOCUMENT 1M Cato 1110&201515;35 NPO 6035 Customer SIDNEY'S EMPORIUM '00010715000000001D000' *000107150000000010000* Planning Commisson emb �dover 23—,201 Agenda Item 3 15-5260 Sidney's Emporium Page 9 of 14 § k ®A §§ §! : � • $ . . G } ._.___m_. � m £s ■ Qƒ� \ CD /B 2£e® R\ \ (i2# : Planning Commission __,a», Agenda_, 15-5260 _m meow, a L Vt 11, f r Imo•� � f � � •! r :'Y - I 'Cr. -d �ln ai P pIT paF Ir fti,'f �41 I I e f E I \j h, r (f , .Z. A`.. tali r f