Loading...
HomeMy WebLinkAbout2013-07-08 - Agendas - Final Plannine Commission Planning Commissioners Officers Blake Pennington William Chesser Craig Honchell, Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting July 8, 2013 A meeting of the Fayetteville Planning Commission will be held on July 8, 2013 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the June 24,2013 meeting. New Business: 2. ADM 13-4409: Administrative Item (2630 E. CITIZENS DR./SAM'S SNOW CONES, 371): Submitted by SAMANTHA KAMINSKI for property located at 2630 EAST CITIZENS DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains a total of 8.91 acres. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner: Quin Thompson 3. ADM 13-4433: Administrative Item (330 - 390 W. 5T STREET/SYCAMORE PHASE II, 523): Submitted by JACOBS & NEWELL COMPANY for property located at 330— 390 WEST FIFTH STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.13 acres. The request is variances of the Downtown Design Overlay District standards for front stoops and a colonnade for a new building. Planner: Andrew Garner 4. ADM 13-4434: Administrative Item (500 N. VANDEVENTER STREET, 445): Submitted by BLEW & ASSOCIATES for property located at 500 N. VanDeventer Street. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY and contains approximately 0.19 acres. The request is for variance of the Access Management Ordinance for driveway location and of the Tree Preservation Ordinance minimum canopy requirement. Planner: Quin Thompson 5. LSD 13-4414: Large Scale Development (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to build a 4,991 square foot gas station with associated parking. Planner: Jesse Fulcher 6. CUP 13-4419: Conditional Use Permit(1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is for additional parking. Planner: Jesse Fulcher 7. CUP 13-4416: Conditional Use Permit (1418 E. RODGERS DR./COODY, 526): Submitted by DAN COODY for property located at 1418 EAST RODGERS DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, and contains approximately 29.36 acres. The request is to allow three tandem lots. Planner: Jesse Fulcher 8. RZN 13-4410: Rezone (2468 N. CROSSOVER RD./LYNNWOOD ESTATES, 294): Submitted by BEN ISRAEL for property located at 2468 NORTH CROSSOVER ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE-FAMILY, 2 UNITS PER ACRE and contains approximately 4.66 acres. The request is to rezone the property to R-O, RESIDENTIAL OFFICE. Planner: Andrew Garner 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 Chair recognizes you,go to the podium and give your name 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. Planning Commission June 10, 2013 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 24,2013 at 5:30 p.m.in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: June 10,2013 Approved Page 4 VAC 13-4402: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS,559): Page 4 Approved VAC 13-4421: Vacation (100 W. DICKSON ST./COLLIERS DRUG STORE,484): Page 4 Approved New Business: PPL 13-4382:Preliminary Plat(1249-1203 W.CATO SPRINGS RD./CATO SPRINGS INDUSTRIAL PARK,638): Page 5 Approved ADM 13-4397: Administrative Item (OAKBROOKE PZD PHASE 111,361): Page 6 Forwarded ADM 13-4420: Administrative Item (OAKBROOKE PZD PHASE 1,361): Page 7 Forwarded ADM 13-4379: Administrative Item (3078 N. COLLEGE AVE./FRICKIN CHICKEN,252): Page 8 Approved CUP 13-4365: Conditional Use Permit(1720 E. ZION RD./TRICON, 136): Page 10 Approved July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 1 of 14 Planning Commission June 10, 2013 Page 2 of 14 Old Business: ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Page 12 Approved New Business: ADM 13-4408: (BICYCLE PARKING CODE AMENDMENTS): Page 14 Forwarded July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 2 of 14 Planning Commission June 10, 2013 Page 3 of 14 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Ryan Noble Sarah Bunch William Chesser Kyle Cook Craig Honchell Porter Winston Blake Pennington Ron Autry STAFF PRESENT Andrew Garner Jesse Fulcher Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Noble,Honchell, and Chesser were present. July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 3 of 14 Planning Commission June 10, 2013 Page 4 of 14 Consent. Approval of the minutes from the June 10, 2013 meeting. VAC 134402:Vacation(2111 MARTIN LUTHER KING/PANDA EXPRESS,559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.01 acre.The request is to vacate a portion of a water and sewer easement on the subject property. VAC 13-4421: Vacation (100 W. DICKSON ST./COLLIERS DRUG STORE, 484): Submitted by KAREN KING for property located around 100 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER.The request is to vacate a 15-foot wide alley located on the northern portion of the Collier's Drugstore site. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 4 of 14 Planning Commission June 10, 2013 Page 5 of 14 New Business: PPL 13-4382:Preliminary Plat(1249-1203 W.CATO SPRINGS RD./CATO SPRINGS INDUSTRIAL PARK,638): Submitted by CRAFTON TULL for property located at 1249-1203 WEST CATO SPRINGS ROAD. The property is zoned I-1,HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE and contains approximately 17.04 acres. The request is for three industrial lots. Andrew Garner, Senior Planner, gave the staff report. Jonathan Ely, applicant's engineer, discussed that they would like the dead-end turnaround design to be evaluated by the City Engineer during design review. No public comment was presented. Commissioner Hoskins asked about the fill and road design requirements. Glenn Newman, staff engineer, discussed the fill requirements for the road design. Commissioner Hoskins discussed concerns with asphalt in the dead-end hammerhead being damaged because of turning movements from heavy trucks in this area. He discussed that he felt concrete would be a better option. Motion: Commissioner Hoskins made a motion to approve PPL 13-4382, adding to condition of approval#1 that the dead-end street hammerhead be constructed of concrete,the exact details to be determined at construction review, finding in favor of all other conditions. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 5 of 14 Planning Commission June 10, 2013 Page 6 of 14 ADM 13-4397:Administrative Item(OAKBROOKE PZD PHASE lII,361): Submitted by PARADIGM DEVELOPMENT for property located at OAKBROOKE PHASE III.The property is zoned Oakbrooke III R- PZD 09-3439 and contains a total of 26.76 acres. The request is to modify Oakbrooke Phase Ill,RPZD 09- 3439,by reducing the number of dwelling units and adjusting alley ways. Jesse Fulcher,Current Planner,read the staff report. Motion: Commissioner Winston made a motion to forward ADM 13-4397 to City Council. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 5-0-1,with Commissioner Hoskins recusing. July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 6 of 14 Planning Commission June 10, 2013 Page 7 of 14 ADM 13-4420: Administrative Item (OAKBROOKE PZD PHASE I, 361): Submitted by PARADIGM DEVELOPMENT for property located at OAKBROOKE PHASE I.The property is zoned Oakbrooke I R-PZD 05-1463 and contains a total of 3.82 acres. The request is to modify Oakbrooke Phase I, RPZD 05-1463, by constructing an alley to serve Lots 1-17. Jesse Fulcher,Current Planner,read the staff report. Motion: Commissioner Winston made a motion to forward ADM 13-4420 to City Council. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 5-0-1,with Commissioner Hoskins recusing. ADM 13-4379:Administrative Item(3078 N.COLLEGE AVE./FRICKIN CHICKEN,252):Submitted by July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 7 of 14 Planning Commission June 10, 2013 Page 8 of 14 CLAYTON SCOTT for property located at 3075 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2,THOROUGHFARE COMMERCIAL. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Andrew Garner, Senior Planner, gave the staff report. Clayton Scott, applicant, gave a presentation, discussing the objection to his business by KFC, and giving reasons why he feels that he does not have an unfair advantage over KFC. He also discussed his personal medical and financial hardships that this business will help him and his partner overcome. Public Comment: Doug Shield,458 Buchanan,discussed that Clayton's chicken is the best he has ever eaten. He discussed that KFC will be seen while Clayton's business will not. He also discussed that Clayton's business is a different market than KFC—support local businesses. Houston Hughes, 888 Lawson, discussed that Clayton's menu is very minimal. He stated that waffles are served with all of the chicken,which is different than all other businesses in Fayetteville. Matthew(inaudible last name),made a sign for Clayton's business,then volunteered to help out in the trailer when Clayton's partner had medical problems. He discussed fairness to Clayton. No more public comment was presented. Commissioner Hoskins asked what is the discussed specified in the ordinance for mobile vendors. Garner stated that the ordinance requires mobile vendors to move at least a half mile away from their location after 90 days. Commissioner Hoskins discussed that brick and mortar businesses have to pay for many improvements that temporary businesses do not. He also discussed that it is an unfair advantage for temporary business to be able to only be in a location for a short amount of time whereas brick and mortar businesses have to be there all year. He discussed that Frickin Chicken and KFC are selling similar and identical products.Per the code,he cannot support this application. Commissioner Winston asked the applicant to describe how his product is different than other chicken businesses. Clayton Scott, applicant, discussed that if you did a taste test between his business and KFC or the other businesses it would be completely different. He spent two years perfecting his recipe. His chicken is a little spicier and has some kick to it. He discussed that his chicken is not frozen. Commissioner Winston asked about the nutritional value of the chicken. Clayton Scott stated he did not know the specifics but that they use soy bean oil because it tastes better. He discussed that they get their chicken from Tyson Chicken.His menu is simple and different with sides including corn on the cob, beans, fries,tater-tots,Frito pie, and fried Snickers. Commissioner Winston asked if the code says how close they can be to similar businesses? July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 8 of 14 Planning Commission June 10, 2013 Page 9 of 14 Garner stated no. Commissioner Winston asked if this was fast food. Clayton Scott discussed that this was fresh food. They fry it,place it into warmers for the allotted amount of time allowed by the health department. Commissioner Hoskins discussed that this is basically what is typical in the restaurant business. Commissioner Autry discussed that he is okay with this location. Shave the Planet has been here for a number of years and it is safe for mobile vendors,the access is safe. He has no issues with this business being here. Clayton Scott,applicant,discussed that they can do trees.Mathias is the new owner.He wondered why there was no ADA parking. There are two tables and nine chairs for his customers, currently. Commissioner Winston asked about his plans for the future. Clayton Scott, applicant, discussed that he would love to be in a permanent location. He was inspired by Hawaiian Brian's. Motion: Commissioner Winston made a motion to approve ADM 13-4379 with conditions#1, 2c(bike racks), 2d (restrooms), 2e(shaded outdoor seating), and 3. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 5-1-0,with Commissioner Hoskins voting"no". CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Submitted by TCM July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 9 of 14 Planning Commission June 10, 2013 Page 10 of 14 ENTERPRISES for property located at 1720 EAST ZION ROAD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 3.15 acres.The request is for a conditional use permit for a wireless communications facility (Use Unit 36). Jesse Fulcher,Current Planner,read the staff report. Tracy Gill, applicant, discussed the investments made by AT&T in this area to upgrade existing facilities. The area that is experience problems is near Joyce and College, and is a very dense commercial and multi- family area,with the second busiest intersection. AT&T is on all of the surrounding towers.A presentation was given to describe the capacity and coverage maps. Capacity on the surrounding towers has been increased, a new tower is the last option. The search ring map was discussed and how the site was selected. The site is located approximately 500 feet from the street and is surrounded by trees. Development doesn't shy away from tower sites like in the old days.This site will likely develop out as multi-family,so it wouldn't impact single-family homes.This tower will provide infrastructure to citizens just like water and sewer lines. Aubry Shepard, citizen, stated that the tower should be approved. Commissioner Hoskins asked staff about their concerns. Fulcher stated that the tower isn't compatible with surrounding land uses,which include a Lake Fayetteville Park and residential properties.The tower may also discourage residential development,which is the expected land use based on the Future Land Use Map. Andrew Garner, Senior Planner, added that staff would like the applicant to look at micro-cells. Tracy Gill stated that there are two types of small-scale systems. A DAS system is used in places like Razorback Stadium where there is a large population density in a small area.This population density doesn't exist in locations in Arkansas,so this technology won't work.Micro-cells are miniature cell sites mounted on the sides of buildings and are used in urban downtowns. Again, a dense population is required. Commissioner Hoskins asked about other locations west of the proposed site. Tracy Gill stated that the RF Engineers determined that these sites were too far west and trees also became an issue for providing a signal to the north. Commissioner Hoskins stated that towers are necessary and the expected use of this property is likely nonresidential based on land prices. This spot is as good as any, since towers are necessary. Kit Williams,City Attorney, informed the applicant that a conditional use needs 5 positive votes and there are only 6 commissioners present. If he feels like the request will be denied, then he should ask that it be tabled to allow more commissioners to review the item. Commissioner Winston stated that the site is fairly screened and people are more use to towers now. Commissioner Autry stated the tower will be in a residential area and next to Lake Fayetteville, and can't support the request. Commission Pennington stated that the applicant's presentation provided the information he was looking for and will support the request. July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 10 of 14 Planning Commission June 10, 2013 Page 11 of 14 Commission Bunch stated that it will be somewhat visible,but it is needed in this area. Commissioner Cook stated that he generally disliked towers in the past, but the slick-stick design is much better. Motion: Commissioner Winston made a motion to approve CUP 13-4365 with all conditions recommended by staff. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 5- 1-0,with Commissioner Autry voting"no". Old Business: July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 11 of 14 Planning Commission June 10, 2013 Page 12 of 14 ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Submitted by Crafton&Tull for property located at the SW CORNER OF 15TH STREET AND RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a variance of the Streamside Protection Zones, Parking Lot Landscaping, and Parking in the Build-to zone. Andrew Garner, Senior Planner, gave the staff report. Jonathan Ely, applicant, stated agreement with all conditions of approval. Sarah Wrede,Floodplain Administrator, discussed the requests and the proposed mitigation. Public Comment: Aubrey Shepherd,discussed things that could help offset the impacts into the streamside areas.There should be minimal soil disturbance. There are native plants on this site and suggested that they try to get their contractor to uses these existing native plants. No more public comment was presented. Kit Williams,City Attorney,thanked staff and the applicant for getting to this solution.He discussed that he thinks it will be a good project. Commissioner Winston discussed that the Streamside protection ordinance makes projects function very differently. The effect of the ordinance makes it better.He discussed it is reasonable to add the variances for this project on this property.He discussed agreement with Mr.Shepherd to salvage,store,and replant existing native plants. Sandy(inaudible last name), applicant's streamside expert, discussed that they can look at the site and flag areas that have native plants for future relocation by using GPS. She agreed with Mr. Shepherd that using native soils for bioretention is a great idea. Jonathan Ely, applicant, discussed that this will be required to go through full development review in the future. Commissioner Hoskins, discussed the parking ratio and 17-foot stall depth, aisle width,and the tree lawn. Jonathan Ely, applicant, discussed stall depth, aisle width, and locating the trees offset from the parking stalls so the trees will not get hit by parked cars. Commissioner Hoskins discussed concerns with the parking lot design. Motion: Commissioner Winston made a motion to approve ADM 13-4330, adding conditions of approval: • No. Lh: "The developer will salvage,store, and replant some native plants on site." • No. Li: "Native soils onsite shall be used in the bio-retention areas." July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 12 of 14 Planning Commission June 10, 2013 Page 13 of 14 . Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 6- 0-0. July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 13 of 14 Planning Commission June 10, 2013 Page 14 of 14 New Business: ADM 13-4408: (BICYCLE PARKING CODE AMENDMENTS): Submitted by CITY PLANNING STAFF. The request is to amend Chapter 172 to revise the bicycle rack location requirements and review. Andrew Garner, Senior Planner, gave the staff report. Public Comment: Aubrey Shepherd, discussed that we need bike racks. No more public comment was presented. Motion: Commissioner Pennington made a motion to forward ADM 13-4408 to City Council with a recommendation for approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 7.51 PM. July 8,2013 Planning Commission PC Minutes 06-24-13 Agenda Item 1 Page 14 of 14 Ta7ee -� l PC Meeting of July 8, 2013 KANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone: (479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: June 20, 2013 ADM 13-4409:Administrative Item(2630 E.CITIZENS DR./SAM'S SNOW CONES,371): Submitted by SAMANTHA KAMINSKI for property located at 2630 EAST CITIZENS DRIVE.The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and contains a total of 8.91 acres.The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner:Ouin Thompson Findings: Property Description: The subject property is located on the northwest comer of Mission Boulevard and Citizens Drive and contains approximately 7.74 acres within the CA zoning district. The property is a part of a larger commercial center of approximately 14.27 acres. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zonin North Commercial C-1, Neighborhood Commercial Commercial &Single- C-1, Neighborhood Commercial, RSF-41 South Family Residential Single-Family Residential Multi-Family R-O, Residential-Office West Residential &Office East Commercial &Office C-1, Neighborhood Commercial Proposal: The applicant(Sam's Snow-cones)obtained an outdoor mobile vending permit to operate a Snow-cone business from a temporary structure on the property on May 05,2013.The permit was valid for 90 days and expires on August 04,2013. The applicant requests a variance of Fayetteville Unified Development Code Section 178.04(C)to allow for their Outdoor Mobile Vendor Permit to be granted for an additional 90 days from the date of original permit,when the maximum by right is 90 days. The business location is indicated on the attached site plan. Public Comment:The applicant notified all adjacent property owners in writing and posted a public notice sign on the property. No public comment has been received. G:IETCIDevelopment Services Review120130evelopmenl Reviewll3-4409 ADM 2630 E Citzens Dr.Nl(Sams Snow Cone)103 Planning Commusionl07- 08-10131Comments and Redlines July 8,2013 Planning Commission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 1 of 10 RECOMMENDATION: Staff recommends approval of ADM 13-4409, with the following conditions: Conditions of Approval: 1. The vendor shall be permitted for an additional 90 days from date of original permit,which shall expire on November 2, 2013. 2. Wooden decks, stairways, and stoops to ease entry into the mobile vendors trailers are permitted, but clear plastic coverings are not allowed.Awnings for the trailers should be made of fabric,rubberized,or other similar material and attached to the trailers. The final approval of these types of structures shall be made by staff. PLANNING COMMISSION ACTION: YES Required Approved Denied Tabled Motion: Second: Vote: Date: July 8, 2013 FINDINGS: City of Fayetteville Unified Development Code 178.04 (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an extended period of time, not to exceed twelve consecutive months, in the same location subject to the following standards: (1) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time.The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. Finding: The applicant is requesting a variance to operate for an additional 90 days. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. Finding: The applicant has notified all adjacent property owners and posted a public notice sign in compliance with section 157.05 of the UDC. (3)A variance may be granted by the Planning Commission when the following findings have been met: G.IETCIDevelopment Services Reviewld0131Developmew Review113-4409 ADM 2630 E 01zens Dr.NI(Sams Snow Cane)103 Planning Commission107- 08-20131Comments and Redlines July 8,2013 Planning Commission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 2 of 10 (a) The applicant has established that the operation ofthe outdoor mobile vendor will be compatible with and not detrimental to nearby properties,will not adversely affect nearby businesses,will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. Finding: The Sno-cone stand does not create or worsen a dangerous traffic condition. Mobile vendors have operated safely in this parking lot for several years.The property is accessed by an existing curb cut onto Citizens Drive. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. Finding: Staff is unaware of any similar and nearby businesses. (i:�.F1Y'IDevulapa,ersr Srmices Reviex•i.201 ADrvelalxbe+�r R,,4,W 3-4409 ADM 2630 F.Cirreus Dr•.II! Plmu+ing COM111lSSiOl1 L07- I/Rdlll3lC'mnu¢•nle ae!Rerl!lncs July 8,2013 Planning Commission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 3 of 10 Fayetteville Unified Development Code 178.04 Outdoor Mobile Vendors Located On Private Property (A) Purpose.This section's purpose istofacilitateand control theabilityofoutdoor vendors totemporarily operate on private property while ensuring such use is compatible with and not detrimental to nearby properties, does not adversely affect nearby businesses,fosters an aesthetically appealing streetscape, and does not create or worsen a dangerous traffic condition. (B) Requirements. Outdoor Mobile Vendors located on private property shall meet the following requirements and submittals prior to approval: (1) Permit Application. Each application for a permit to conduct an Outdoor Mobile Vendor business shall be accompanied by a$50 permit review and processing fee. (2) Application for a permit to conduct an Outdoor Mobile Vendor business shall include the following items in a format acceptable to the Zoning and Development Administrator: (a) Name, address and contact information. (b) Type of items sold or services rendered. A change in product or service will require a new permit to be issued. (c) A valid copy of all necessary permits required by State and County health authorities. (d) Proof of application for remittance of HMR tax to the City of Fayetteville. (e) Means to be used in conducting business including but not limited to a description of any mobile device to be used for transport or to display approved items or services. (f) A detailed site plan and written description illustrating the type, location, and dimensions of the mobile vendor business including parking. (g) Written authorization,signed by the property owner or legal representative of record, stating that the transient merchant business is permitted to operate on the subject property. (3) The permit issued shall not be transferable in any manner. (4) The permit is valid for one mobile vendor location only. (5) The proposed use must be a permitted use-by-right within the underlying zoning district in orderto be permitted. (6) An Outdoor Mobile Vendor business may be approved by the Planning Division after making the following determinations: (a) All of the requirements of 178.04(6)(2) have been met. (b) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (7) Outdoor mobile vendors are allowed on a temporary basis (90 days), by nature of their temporary occupancy, in one location over a one-year(twelve month)timeframe. Outdoor mobile vendors may move to a different location at least one half mile from the original location after this 90-day period has expired. However, a new Outdoor Mobile Vendor Application will have to be reviewed and approved C:IETCIDevelopmen(Services Reviewl20l3Oevelopme it ReviewU3-4409 ADM 2630 E Cifzens Dr Of(Sams Snow Cone)103 Planning Commissio IW 08-20131Commeas and Redlines July 8,2013 Planning Commission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 4 of 10 by the Planning Division for a new location. (8) Outdoor mobile vendors shall be in compliance with parking lot requirements for any existing and the proposed business. The number of required parking spaces is determined by the use and size of the proposed transient merchant business, and by the use and size of the existing business. Parking spaces on the property where the outdoor mobile vendor is located shall be paved and striped in order to be utilized. The use of parking for an out door mobile vendor may not reduce the number of spaces necessary for other uses occurring on the property. An adequate number of parking spaces for the existing businesses and the outdoor mobile vendor must be provided onsite. The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (C) Variances.Outdoor Vendors may request a variancefrom the Planning Commission to operate for an extended period of time, not to exceed twelve consecutive months, in the same location subject to the following standards: (1) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. (3) A variance may be granted by the Planning Commission when the following findings have been met: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (b) That the outdoor mobile vendors'presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. (4) In granting the variance, the Planning Commission may require appropriate conditions and safeguards, including semi-permanent or permanent improvements to the property to secure the substantial objectives of the ordinance. (Ord. 5185, 10-7-08; Ord. 5425, 8-2-11; Ord. No. 5498 05-01-12) G:IETCIDevelopmenl Services Review120130evelopmew Review113-4409 ADM 2630 E Cdzens Dr.01(Sams Snow Cone)103 Planning Commission107- 08-20131Comments and Redlines July 8,2013 Planning Commission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 5 of 10 May 21, 2013 Dear Chair of Planning Commission, This letter is in regards to a request for extending my 90 day Mobile Vendor Permit. My business is Sam's Snow Cones located at the Kantz Center on the northwest corner of Mission and Crossover. I'm requesting a 90 day extension to my Mobile Vendor Permit because my business is seasonal and it would be an undue hardship if I'm unable to operate through this time period. The Kantz Center shopping center would also be benefiting from my monthly rent if this request is granted. Thank you foryour consideration, Samantha Kaminski July 8,2013 Planning Commission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 6 of 10 EEUWT 9 Building 1 ~ Wal-Mart 18,0W s£ Neighborhood Commercial Retail Market • �r ctli i • p u 0 WilliO First Federal Bank uLLLLLD A1M U'illlllllllU � � PA{1.�L��1' r SE5 L-JI Arkansas (1 Lindsey Mercantile i National Bank f Hwy 45 ° aralefe ■ July 8,2013 Planning Commission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 7 of 10 'h _ 14 4� ��� f]fPi'�IYSIN i51t1U1�1 .YY3 Nim`it�ICllll K fit Rpt#i`f �: IfiRl,4�i j€r July 8,2013 Planning Commission ADM 134409 Sam's Snow Cones Agenda Item 2 Page 8 of 10 ADM 13-4409 SAM'S SNOW CONES Close Up View aOSPEOTST P IIiI - n I _i - - C r W Q n'. We- RA ST. rRENraNa�vD SUBJECT PROPERTY jp =w� ■ - iii 1 LOUISEST f ■ n .' ii ' - ' Y DAVIDSON ST l DAVIDSON ST -I — - w I w 4 'ilk f�.. 1• ' i i a o Legend �:� � � i �.' I Multi-Use Trail (Existing; S• _ ti I' _ I i .^ Future Trails '- ' Fayetteville City Limits ! iYc MAPLE STIIIINNI DM13-4409 - Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di Arict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area yy s,2 3 Planning ommission ADM 13-4409 Sam's Snow Cones Agenda Item 2 Page 9 of 10 + D . . 0• • Mile View - ��,� ILI y � . � 1f •'i�.- 1 1 1 i-4, ,.j 6 1,4 Its. tea wwa n .� rT i 1 FV ayee PC Meeting of July 8, 2013 S 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone: (479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: July 2, 2013 ADM 13-4433:Administrative Item(330-390 W.5TH STREET/SYCAMORE PHASE II,523): Submitted by JACOBS & NEWELL COMPANY for property located at 330—390 WEST FIFTH STREET.The property is zoned MSC,MAIN STREET CENTER and contains approximately 0.13 acres.The request is variances of the Downtown Design Overlay District standards for front stoops and a colonnade for a new building. Planner:Andrew Gamer Findings: Property Description and Background: The subject property is located at the northeast corner of 50i Street and South School Avenue,north of Walgreens.The property is within the Downtown Design Overlay District(DDOD)and zoned Main Street Center(MSC).The site is surrounded by properties containing retail,residential,restaurant, and auto repair. The site was developed within the past six years with a multi-family building and parking lot. The project was partially completed and abandoned with two unfinished concrete foundations that were intended to be developed with a second and third multi-family buildings. The applicant purchased the property recently and completed the second multi-family building within the past year. The last remaining concrete foundation remains undeveloped and the applicant is in the process of completing construction documents for the last building in this development.There Surrounding zoning and land use is listed in Table 1. Table 1 Surrounding Zoning and Land Use Direction from Site Land Use Zoning North Used car sales and repair MSC, Main Street Center South Walgreens MSC, Main Street Center East Multi-family MSC, Main Street Center West Greenhouse Grille MSC, Main Street Center Proposal: The applicant proposes to develop the final building of the Sycamore II project, a mixed use building on the existing concrete foundation on the western portion of the property. The applicant requests the following variances of the DDOD section of the Unified Development Code (UDC): G:IETCIDevelopmem Services Reviewl20131Developmea!Reviewl13-4433 ADA4330-390 W.31hSl.(Sycamore I/DDOD variances)107-08-2013 Planning CommissionlCommems and Redlines July 8,2013 Planning Commission ADM 13-4433 Sycamore Ph II Agenda Item 3 Page 1 of 14 Stoop height. Section 166.21(D)(6). Requires the height of stoops to be 30 inches minimum from the grade to top of the first finished floor; 96 inches maximum. The applicant proposes stoops 17 — 22 inches high. Their variance request letter discusses that because they are designing a building to be constructed on top of an existing slab they cannot meet the minimum stoop height. Staff recommendation: Staffrecommends in favor ofthe variance finding that the existing concrete slab creates a hardship for the applicant. The original project that involved the construction of the existing concrete slab was not designed to meet the DDOD requirements. To obtain the minimum stoop height with the applicant's new project would require raising the existing slab or some other design solution that would not take advantage of the existing infrastructure and would not be reasonable from a financial perspective. The applicant has incorporated other elements into the building design to help provide separation and privacy between public and private space, which is a part ofthe intent ofthe minimum height requirement far a stoop. Colonnade length. Section 166.21(D)(3). Requires the length of a colonnade to be 75-100%of the principal fagade. The applicant proposes a colonnade on the south fagade that is approximately 14%the length of the south (principal) fagade. Their letter discusses the reasons why they cannot meet the code requirement and that they feel their design provides good architectural form. Staff recommendation: Staffrecommends approval ofthe variance. This is a unique situation and a unique development that does not fall exactly within the original intent of the DDOD and justifies a different standard. The intent of the code is that when a colonnade is used, it should function as a traditional colonnade, where a building is encompassed with a repeating pattern ofcolumns almost the entire length ofthe building. The intent is for consistency in the design of the building and predictability and convenience for the pedestrian using the sidewalk. Colonnades were originally common features on Greek and Roman temples and other public buildings and commercial uses to provide a formal architectural appearance or a long sheltered sidewalk along a commercial shopping street. While the applicant's building design clearly meets the City's definition of a colonnade, it will not function or appear as a true colonnade but rather like a balcony for an upstairs residential apartment and shelter for the downstairs entrance on the street. As such, it is appropriate to vary the standard for this building. Additionally, this property is on the southeastern edge ofthe DDOD, not in the heart of downtown or a heavy commercial area such as Dickson Street or the square. A colonnade is not needed or particularly desired along this entire building, most of which will be residential townhomes. This is primarily a residential development that was partially completed prior to the current standards. This residential site encompasses the entire north block ofYi`Street and is not a downtown commercial or public development project that lends itself to a traditional colonnade application. G:TTCIDevelopment Services Review120130evelopmem Review)13-4433 ADM 330-390 W.5th St.(Sycamore ll DDOD vm'iances)W7-08-2013 Planning Commisshmn Commenls and Redlines July 8,2013 Planning Commission ADM 13-4433 Sycamore Ph II Agenda Item 3 Page 2 of 14 RECOMMENDATION: Staff recommends approval the variances for stoop height and colonnade length based on the discussion provided earlier in the staff report with the following conditions of approval: Condition of Approval: 1. Planning Commission determination of a variance of UDC Section 166.21(D)(6) for a stoop height of between 17—22 inches high when the minimum required by code is 30 inches. 2. Planning Commission determine of a variance of UDC Section 166.21(D)(3),for a colonnade that is 14% of the principal fagade when the minimum required by code is 75-100% of the principal fagade. 3. The colonnade and stoops shall be constructed in compliance with all other development standards including minimum width of clear space on the public sidewalk for pedestrian movements, as defined by code. Additional Conditions/Comments: PLANNING COMMISSION ACTION: yes Required Approved Denied Tabled Motion: Second: Vote: Date: July 8 2013 GrIETCIDevelopment Services Review120131Developmenl Reviewl13-4433 ADM 330-390 W.51h St.(Sycamore O DDOD varianccs)107-08-2013 Planning CommissionlComments and Redlines July 8,2013 Planning Commission ADM 13-4433 Sycamore Ph II Agenda Item 3 Page 3 of 14 166.21 Downtown Design Overlay District (D) Special Building Elements and Appurtenances. If a building has a marquee,awning,balcony, colonnade, arcade, turret, cupola, porch or stoop then it shall comply with the following regulations: (3) Colonnades and Arcades. (a) Standard. (i) Depth. 8 ft. minimum from the principal fagade to the inside of the column face. Columns must be set back 18 inches from the outside of the column face to the back of the curb. (ii) Height. 10 ft. minimum clear. (iii) Length. 75-100% of the principal fagade. (6) Stoops. (a) Standard Stoops may be covered or un-covered and stairs may run to the front or to the side. (i) Depth. 4 ft. minimum from the principal fagade to the inside of the column face for stoops with a covered landing. (ii) Height. 30 inches minimum from grade to top of the first finished floor; 96 inches maximum. (iii) Length. 10% to 25% of the principal fagade, not including stairs. 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development,Chapter 166,are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis,to the development from such provision,so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (2) Conditions and safeguards. In granting variances,the Planning Commission may prescribe appropriate conditions and safeguards to secure substantially the objectives of the standards or requirements so varied. G:IETCIDevelopmenl Services Review120130evelopmenl ReviewU3-4433 ADM 330-390 W.51h S1 (Sycamore 11 DDOD variances)107-08-2013 Planning CommusionlComrnents and Redlines July 8,2013 Planning Commission ADM 13-4433 Sycamore Ph II Agenda Item 3 Page 4 of 14