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Home My WebLink About2013-08-12 - 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 Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting August 12, 2013 A meeting of the Fayetteville Planning Commission will be held on August 12, 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 July 22, 2013 meeting. New Business: 2. ADM 13-4435: Administrative Item (464 E. JOYCE BLVD./TROPICAL SNO, 134): Submitted by ZHANNA WISKUR for property located at 464 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains a total of 9.00 acres. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner: Jesse Fulcher 3. ADM 13-4436: Administrative Item (3075 N. COLLEGE AVE./TROPICAL SNO, 252): Submitted by ZHANNA WISKUR for property located at 3075 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains a total of 1.84 acres. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner: Jesse Fulcher 4. ADM 13-4464: Administrative Item (617 N. COLLEGE AVE./LO'S SWEET TREATS, 445): Submitted by LAUREN FRENCH for property located at 617 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 (airstream trailer)to remain on the property for longer than 90 days. Planner: Andrew Garner 5. ADM 13-4473: Administrative Item (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 252): Submitted by JOE PERME for property located at 1923 E. JOYCE BOULEVARD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS/ACRE and contains approximately 40 acres. The request is for a variance of the Urban Residential Design Standards. Planner: Jesse Fulcher 6. LSD 13-4442: Large Scale Development (CORNER OF TIMBERLAND LN. & BLACK FOREST DR./FIRST SECURITY BANK, 440): Submitted by ENGINEERING SERVICES, INC. for property located at the CORNER OF TIMBERLAND LANE AND BLACK FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.03 acres. The request is to build a 2,166 square foot bank with associated parking. Planner: Quin Thompson 7. CUP 13-4440: Conditional Use Permit (2008 N. CLEVELLAND ST./BOYD,442): Submitted by ALAN REID AND ASSOCIATES for property located at 2008 NORTH CLEVELLAND STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains one lot totaling 1.86 acres. The request is for a conditional use permit to allow a tandem lot. Planner: Jesse Fulcher 8. CUP 13-4449: Conditional Use Permit (1674 N. FOREST HEIGHTS/HUGHES, 406): Submitted by SHELLI HUGHES for property located at 1674 NORTH FOREST HEIGHTS. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.25 acres. The request is for a conditional use permit to allow home child care (Use Unit 24), in a RSF-4 zoning. Planner: Andrew Garner 9. RZN 13-4438: Rezone ((845 N. 46th AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION, R-O, RESIDENTIAL OFFICE, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, CS, COMMUNITY SERVICES, AND R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains lots totaling 13.31 acres The request is to rezone the property to RMF-12, RESIDENTIAL MULTI- FAMILY, 12 UNITS PER ACRE. Planner: Quin Thompson 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 Far 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 22,2013 at 5:30 p.m.in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: July 8,2013 Approved Page 3 VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18,608): Page 3 Approved New Business: ADM 13-4451: Administrative Item (1627 JOYCE BOULEVARD/ARVEST BANK MUD CREEK BRIDGE ASSESSMENT, 175): Page 4 Approved LSD 13-4427: Large Scale Development(2402 N. COLLEGE AVE./CVS PHARMACY,290): Page 5 Approved CUP 13-4430: Conditional Use Permit(22 S. STONEBRIDGE RD./MAHAFFEY,489): Page 6 Approved CUP 13-4431: Conditional Use Permit(528 N.LINDELL AVE./WESLEY FOUNDATION,444): Page 7 Approved CUP 13-4429: Conditional Use Permit (N. OF CULPEPPER ASSISTED LIVING ON HWY 265/FAYETTEVILLE MEMORY CARE, 099): Page 8 Approved CUP 13-4419: Conditional Use Permit(1851 E. HUNTSVILLE RD./KUM AND GO, 565): Page 9 Approved LSD 13-4414: Large Scale Development(1851 E. HUNTSVILLE RD./KUM AND GO, 565): Page 10 Approved ADM 13-4452: Administrative Item (FLOODPLAIN VARIANCE FOR THE CITY RECYCLING DROP-OFF CENTER AT NORTH STREET,444): Page 11 Approved Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 1 of 12 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Ryan Noble William Chesser Ron Autry Kyle Cook Porter Winston Craig Honchell Sarah Bunch Blake Pennington STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Alison Jumper 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 and Autry were present. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 2 of 12 Consent. Approval of the minutes from the July 8,2013 meeting. VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18, 608): Submitted by ENGINEERING SERVICES,INC.for property located at 4291 BLACK CANYON STREET.The property is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 0.23 acre. The request is to vacate an existing pedestrian access easement on the subject property. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 3 of 12 New Business: ADM 13-4451: Administrative Item (1627 JOYCE BOULEVARD/ARVEST BANK MUD CREEK BRIDGE ASSESSMENT,175): Submitted by BRENT VINSON for property located at 1627 EAST JOYCE BOULEVARD.The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 2.11 acres. The request is for review of the off-site escrow for the Mud Creek Bridge Assessment account. Quin Thompson, Current Planner, read the staff report. Chris Brown, City Engineer,discussed the project, specifically explaining that the US-71 to I-540 flyover project currently under construction was specifically designed with this street extension in mind.The Vantage Drive/Mud Creek Bridge project will eventually connect directly to I-540.He indicated that in his opinion the project remains viable, and that the City intends to pursue funding for it. Mr.Vinson,applicant,asked what other developments had contributed toward the bridge assessment,what was the projected time frame, and how the time limits were set. Kit Williams, City Attorney, answered that the City Council set the goal and deadlines. He added that the future flyover to I-540 would add impetus to the completion of the project. Tracy Hoskins,Commissioner,asked Brown if the bridge project was viable on its own,or did it make sense only if the connection to I-540 is a part of the project. Brown responded that in his opinion any additional connections in that area are potentially valid given the congestion, and that this project would relieve pressure currently found on the Joyce Blvd and US-71 intersection. William Chesser, Commissioner, asked if the project could be revisited by the Planning Commission in 5 years. Williams responded that it could, and that it may make sense to revisit the project sooner if there is no movement on the part of the City toward completion. Motion: Commissioner Winston made a motion to approve ADM 13-4451 as recommended by staff, to hold the money for another 5 years.Commissioner Chesser seconded the motion.Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 4 of 12 LSD 13-4427:Large Scale Development(2402 N.COLLEGE AVE./CVS PHARMACY,290): Submitted by BOOS DEVELOPMENT for property located at 2402 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.77 acres. The request is to build a 13,225 square foot pharmacy with associated parking. Andrew Garner, Senior Planner, gave the staff report. Josh Knott, applicant, discussed the design of the project and the reasons for the greenspace variance. No public comment was presented. Commissioner Hoskins asked about relocating the dumpsters. Garner discussed the code requirement for dumpster screening. Commission Hoskins indicated they can shift the dumpster,but they might end up where we would not prefer them. Commissioner Chesser discussed that he felt the development could meet the regulations and that there was not a hardship. Commissioner Cook discussed agreement with Commissioner Chesser;that there are other design options that could still meet code. Kit Williams, City Attorney, discussed that where they have placed their new driveway on Township as recommended by staff, is where they are requesting the greenspace variance. Commissioner Chesser discussed that there is no serious hardship. Commissioner Hoskins discussed that there is precedent for variances of this type including the old Shake's building on Martin Luther King Boulevard.We have offered this variance before especially when the applicant is doing substantial improvements. Commissioner Bunch discussed the difficulty of taking out the spaces in front of the building. Motion#1: Commissioner Winston made a motion to approve the greenspace variance, requiring the parking stalls along Township to be reduced in length to 17',to provide an additional 2'of greenspace along Township. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-1-0,with Commissioner Chesser voting"no". Motion#2: Commissioner Winston made a motion to approve LSD 13-4427 with all conditions as recommended by staff and in favor of the greenspace variance. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 5 of 12 CUP 13-4430: Conditional Use Permit (22 S. STONEBRIDGE RD./MAHAFFEY, 489): Submitted by JORGENSEN AND ASSOCIATES for property located at 22 SOUTH STONEBRIDGE ROAD.The property is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 18.23 acres. The request is to allow a tandem lot. Jesse Fulcher, Current Planner,read the staff report. Justin Jorgensen, applicant, stated the owner wants to build two homes. Motion: Commissioner Chesser made a motion to approve CUP 13-4430 with all conditions as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 6 of 12 CUP 13-4431: Conditional Use Permit (528 N. LINDELL AVEJWESLEY FOUNDATION, 444): Submitted by JORGENSEN AND ASSOCIATES for property located at 528 NORTH LINDELL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, and contains approximately 0.22 acres.The request is for a conditional use permit to allow a student ministry(Use Unit 4), in a RMF-40 zoning. Andrew Garner, Senior Planner, gave the staff report. Justin Jorgensen, applicant, was present for any questions. No public comment was presented. Motion: Commissioner Winston made a motion to approve CUP 13-4431 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 7 of 12 CUP 13-4429: Conditional Use Permit (N. OF CULPEPPER ASSISTED LIVING ON HWY 265/FAYETTEVILLE MEMORY CARE, 099): Submitted by JORGENSEN AND ASSOCIATES for property located NORTH OF CULPEPPER ASSISTED LIVING ON HWY 265.The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 12.88 acres.The request is for a conditional use permit to allow a memory care facility (Use Unit 4) in an R-A zoning district. Jesse Fulcher, Current Planner, read the staff report. Justin Jorgensen,applicant,stated it was the same development team as Culpepper Assisted Living and that they will work with staff to meet the code and preserve trees. Commissioner Hoskins asked about staff s recommendation for saving trees during a conditional use review. Fulcher stated that the intent was to make the commission and applicant fully aware of the requirement to meet the tree preservation code. Commissioner Hoskins stated that the Planning Commission will ultimately review the tree preservation plan at the time of development. Motion: Commissioner Chesser made a motion to approve CUP 13-4429,modifying condition of approval#1 to state that the Planning Commission will have the final say in the preservation of the trees. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 8 of 12 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. Jesse Fulcher,Current Planner,read the staff report. Nathan Streett, applicant, asked the commission to consider variance requests 3 and 6. Motion: Commissioner Winston made a motion to approve CUP 13-4419 in favor of all conditions. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 9 of 12 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. Jesse Fulcher,Current Planner,read the staff report. Nathan Streett, applicant, asked the commission to consider variance requests 3 and 6. Commissioner Hoskins asked about the radii requirement. Streett said the concern was with vehicle off-tracking into the greenspace. Fulcher discussed why the wider aisle width and radii were not required for this development. Commissioner Hoskins asked if the entrance could be three-way and meet code. Fulcher stated that the code requires a two-way, 24' drive on a local street—it's a variance either way. Commission Honchell, stated he sees the need for these variances and expects lots of trailers and larger vehicles to use this site. Commissioner Chesser stated he disagreed. The site has numerous variances already. Motion#1: Commissioner Chesser made a motion to deny condition of approval#3. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 5-2-0, with Commissioners Hoskins and Honchell voting"no". Motion#2: Commissioner Winston made a motion to approve LSD 13-4414 as follows: in favor of condition#1, in favor of#2, in favor of#4, in favor of#5, in favor of#6, to deny#7, in favor of#8, in favor of#9 and all other conditions. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 10 of 12 ADM 13-4452: Administrative Item (FLOODPLAIN VARIANCE FOR THE CITY RECYCLING DROP-OFF CENTER AT NORTH STREET, 444): THE CITY OF FAYETTEVILLE is requesting a floodplain variance for the structure at the North Street recycling drop-off center.The variance request is to allow the finish floor to be at, or above, the base flood elevation. Sarah Wrede,Floodplain Administrator, gave the staff report. Commissioner Hoskins discussed that the original conditional use permit had the building sitting on the pavement. Garner discussed that this floodplain variance would not require a modification to the entire conditional use permit. The development details are not typically reviewed or available at the time of conditional use. The building type and location, and scope of the project is the same as originally approved with the conditional use permit. Commissioner Chesser discussed that he would support the variance to get it to sit flat on the lot. Commissioner Winston asked if the building would be placed on skids. Motion: Commissioner Winston made a motion to approve ADM 13-4452, adding a requirement to include landscaping along the trailside of the property. Commissioner Cook seconded the motion. Kit Williams, City Attorney, brought up the point that at agenda session some of the commissioners discussed placing some decorative stone or patterned concrete on the raised concrete pad for the building. Commissioner Winston and Commissioner Cook agreed to include the requirement that the concrete slab/foundation have some sort of texture, as a condition of approval Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 7.23 PM. Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 11 of 12 Planning Commission August 12,2013 Agenda Item 1 07-22-2013 minutes Page 12 of 12 • Tye evl e PC Meeting of August 12, 2013 ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: August 7, 2013 ADM 13-4435:Administrative Item(464 E.JOYCE BLVD./TROPICAL SNO,134): Submitted by ZHANNA WISKUR for property located at 464 EAST JOYCE BOULEVARD.The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains a total of 9.00 acres.The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner: Jesse Fulcher Findings: Property Description: The subject property is located on the northwest corner of Joyce Boulevard and Mall Avenue in the Best Buy parking lot. This property was developed with greenspace,street trees, shrubs and sidewalks. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial C-2, Thorou hfare Commercial South Commercial C-2, Thoroughfare Commercial West Commercial C-2, Thorou hfare Commercial East Commercial C-2, Thorou hfare Commercial Proposal: The applicant (Tropical Sno) obtained an outdoor mobile vending permit to operate a Snow-cone business from a temporary structure on the property on April 22,2013.The permit was valid for 90 days and expired on July 22, 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 until September 30, 2013, an additional 70 days from the date expiration. 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. Staff hand delivered a notice to Cold Stone Creamery on August 7, 2013. G:IETCIDevelopnieol Services Reviem120130evelopment ReviewW-4435 ADM 464 Joyce(Tropical Sno))13 Planning Connnission108-12-20131Conmienis and Redlines Planning Commission August 12,2013 Agenda Item 2 ADM13A435 Tropical Sno Page 1 of 10 RECOMMENDATION: Cold Stone Creamery,an ice cream store,is located approximately 1,000 feet west of the Tropical Soo stand.In staff's opinion the distance between the two businesses should limit any adverse impacts on an ice cream store.Staff recommends approval of ADM 13-4435,with the following conditions: Conditions of Approval: 1. The Tropcial Sno stand is located too close to Joyce Boulevard,within the front building setback. The applicant shall relocate the stand outside of the 50 foot setback within seven (7) days of this approval. 2. The vendor shall be permitted for an additional 70 days from date of original expiration date,which shall expire on September 30,2013. 3. 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: O Approved O Denied O Tabled Motion: Second: Vote: Date: August 12, 2013 G:IGTCIDevelopneenr Sewices Reviewl20131Developmen[Review113-4435 ADM464 Joyce(Tropical Sno)113 Planning Commission108-72-20131Comnienls and Redlines Planning Commission August 12,2013 Agenda Item 2 ADM13-0435 Tropical Sno Page 2 of 10 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 70 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: (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. Finding: The Sno-cone stand does not create or worsen a dangerous traffic condition. The stand is located interior to the parking lot,approximately 250 feet from the primary drive aisle. (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: In staffs opinion allowing the snow cone stand to operate for an additional 70 days will not create an unfair advantage over nearby permanent businesses. This is a seasonal operation offering frozen ice products. Nearby businesses such as McDonalds and Steak and Shake offer frozen deserts as part of a larger food menu, but these are typically limited to shakes and ice cream. GAETCIDevelopmenl Services Review120130evelop nenl Reviewll3-4435 ADM 464 Joyce()apical Sna)113 Planning Conunission108-12-20131Conmienis and Redlines Planning Commission August 12,2013 Agenda Item 2 ADM13-0435 Tropical Sno Page 3 of 10 Fayetteville Unified Development Code 178.04 Outdoor Mobile Vendors Located On Private Property (A) Purpose.This section's purpose is to facilitate and control the ability of outdoorvendors to temporarily 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(8)(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 G:IETCIDevelopn+en!Services Revu n,120131Developmen(Rmei 013-4435 ADM 464 Jovice(Tropical Sno)113 Planning Conuuission108-12-10131Commenis and Redlines Planning Commission August 12,2013 Agenda Item 2 ADM13-0435 Tropical Sno 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 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. (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 atone 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) GIE7CIDevelop,ww Services Revi,M20131DeveMpnrent Review)13-4435IIDM464 Joyce(Tiopical.Sno)113 Planning Comneission108-12-20131Commenev and Redlines Planning Commission August 12,2013 Agenda Item 2 ADM13-0435 Tropical Sno Page 5 of 10 Chairman of Planning Committee, We, Tropical Sno Dealer request a variance to extend our operation at 464 E Joyce Blvd. Fayetteville,72703. We are compatible with and not detrimental to nearby properties. our building is aesthetically appealing and does not create orworsen a dangerous traffic condition. Our extended period of time will not create an unfair advantage over nearby businesses. We would like to stay open until the end of September 2013. If granted we probably will not stay open until the end of September but ask for the extension. Thank you for your consideration, zhanna Wiskur Tropical Sno Dealer Planning Commission August 12,2013 Agenda Item 2 ADM13-0435 Tropical Sno Page 6 of 10 .�t,a� '� �"b --•—..�_- ';d1u sly ++ �' � -* y - • J r L II I S� AI 1 1 J- \. Alvol 1 _,- .5 v�aseMi , •' ) xl' t 1 • 1 i1 •1 � 1 1 ••� •. 1 ADM13-4435 TROPICAL SNO Close Up View SEAQOII.O� _ �mF 5 a RMF- � P OR��K8�N0 BOUVQEFi �a m SUBJECT PROPERTY 4u PRIVATE 4149 J GEORGETOWNE SQUARE DR 0 x i i PP � �! I Le nd Multi-Use Trail (ExAf,(9) "r Futtrr@ Trails - �- �' \ R-O _ - Fayettev4e Qjty Limits ♦.♦ ♦ DM 13-4435 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 200 400 800 1,200 1,600 Planning Commission ------ Planning Area Feet August 12,2013 Age da ite E ADM13-0435 Tropical Sno Page 8 of 10 ADM13-4435 TROPICAL SNO One Mile View RCH PL z of BES Z d 0 LAKEVIEW D FOXWOOD DR ,r O w t.................. O WINDSOR AVE y 0 p m �QO O J 9J 5 $ ` a air u /1csLAKE FAYETTEVILLE w � Y � U •1 ti F MAIN DR m of 2ND ST r_ = CREEK VW i •� N ¢ Z N Rvm R-0 1STAVE z rn g ,.•` _ '` %� u� g iE l C4 E OP20 cvzq R-0 3 SUBJECT PROPERTY .u- nsF4 RMF-13 RSF4R RMF4 R�RMF RA RMF RMF-24 C4 a1 F-2 SHEPHEROLN } ANE CIRCLE DR L - - I�avzo RMF-20 RMF R-0 m ONNE DR -- -- cs if g MARY DR m � 1 11 rnk o c� f R i C P1 I R-0 p F P-1 V ••• - C1 RA C-1 O-1 C-1 ^ a RA R IMMIM W _ _ __ - ..•P1 R a RA fC-1 > •/� / ¢ O •/•c2 r �� , - •�i -2C I 0 y1n1 ` R J O Y Gp{ Y. RMF24 eU i . F-�RSF-0 i ... nd ' �a2 i-cam "-R#Rulti- a Trail (Existing zo `• R{4 '� r MASONIC BROOK AVEN D ♦ v1 R.%w! b R-0 c� c I A We Trails ? R9 `�' ""Ro Wti ITse Trail (Exi�fing RSF4 R-0 I RSF4SERTHAS _ i / RSF4C3 �4� _ RMF 6 MF2L -F C-4 "RT Ut a THAROLD ST a SF AALIN A OR RA •/• RMF34 RA -2 R RSF itSF Overview Legend ADIV 13-4435 Subject Property MADM134435 - - ! Desi n Overlay District Boundary _ _ _ Plan ing Area _ FayE tteville 0 0.25 0.5 1 M les Planning Commissi August 12,201 Agenda Item 2 ADM134435 Tropical Sno Page 9 of 10 Planning Commission August 12,2013 Agenda Item 2 ADM13-0435 Tropical Sno Page 10 of 10 • Tayetevl e PC Meeting of August 12, 2013 APKA NSFS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: August 7, 2013 ADM 13-4436: Administrative Item (3075 N. COLLEGE AVE./TROPICAL SNO, 252): Submitted by ZHANNA WISKUR for property located at 3075 NORTH COLLEGE AVENUE.The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains a total of 1.84 acres.The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner: Jesse Fulcher Findings: Property Description: The subject property is located in the Fiesta Square shopping center at the intersection of N. College Avenue and Rolling Hills Drive. This property was developed with greenspace and sidewalks, but there are no shrubs and only a few trees. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direetion from Site Land Use Zoning North Commercial C-2, Thoroughfare Commercial South Commercial C-2, Thoroughfare Commercial West Commercial C-2, Thoroughfare Commercial East Commercial C-2, Thoroughfare Commercial Proposal: The applicant (Tropical Sno) obtained an outdoor mobile vending permit to operate a Snow-cone business from a temporary structure on the property on April 22,2013. The permit was valid for 90 days and expired on July 22, 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 until September 30, 2013, an additional 70 days from the date expiration. 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.City staff hand delivered notices to Shakes, Shave the Planet and Maggie Moo's on August 7, 2013. G:IETCIDevelopment Services Revieiv120130evelopmem Reviem113-0436 ADM 3075 N College(Tropical Sno)113 Planning Co n nssron108-12- 2n131Commems and Redlines Planning Commission August 12,2013 Agenda Item 3 ADM13-0436 Tropical Sno Page 1 of 10 RECOMMENDATION: As noted in the review for Shave the Planet,which is located across College Avenue from the Tropical Sno stand,these businesses have the potential to adversely affect Maggie Moo's ice cream shop, located approximately 650 feet north of this site. All of these businesses are very seasonal with a majority of their products sold during the summer months. These "temporary" stands are not subject to many of the same requirements as a permanent business and therefore a variance could create an unfair advantage over brick and mortar stores. For this reason staff recommends denial of the variance. Should the Planning Commission choose to approve this conditional use permit staff recommends the following conditions: Conditions of Approval: 1. The vendor shall be permitted for an additional 70 days from date of original expiration date,which shall expire on September 30,2013. The structure shall be removed from the property at that time. 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: O Approved O Denied O Tabled Motion: Second: Vote: Date: August 12, 2013 GrIETCIDevelopmenr Services Revie,020130evelopmem Reviee,113-4436 ADM 3075 N College(Tropical Sna)1/3 Planning Conunission108-12- 20131Comments and Redlines Planning Commission August 12,2013 Agenda Item 3 ADM13-0436 Tropical Sno Page 2 of 10 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 70 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: (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. Finding: The snowcone stand does not create or worsen a dangerous traffic condition as it has operated safely in this parking lot for several years.This snowcone stand is generally compatible with and is not detrimental to nearby properties,which are all commercial uses. The small stand and customer seating area does not degrade the streetscape. (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: There is a permanent ice cream shop located approximately 650 feet north of this snowcone stand. In staffs opinion, granting the requested variance to operate the snowcone stand for an additional 70 days during the peak summer season may create an unfair advantage over the ice cream shop which is a permanent brick-and-mortar business.The development of the building at 3155 College Avenue was required to meet many development regulations of the City including greenspace, landscaping, sidewalk, architectural design standards, building code, and permanent utilities. A temporary business such as the G:1ET0Deve1opment Services Revne,A207311)evelopmenl Reva,W13-4436 ADM 3075 N College(TropicalSno)U3 Planning Conwnsaoi? 3-12- 20131ConnnenisandRedlines Planning Commission August 12,2013 Agenda Item 3 ADM13-0436 Tropical Sno Page 3 of 10 snowcone stand would compete with the ice cream shop and is not required to meet permanent development standards and is therefore theoretically able to offer a substantially lower price for their products than a similar brick-and- mortar business. This results in an unequal playing field and an unfair advantage.It should be noted that this applicant has been in this location,on a seasonal basis since 2012. G:rfi7t7Ucr elnpnrenr.Senvcry Re+'reiel7(N3rDd43075 N Colfegr(Troprraf.4...}113 M ." gC'mrnnirsmulOF-f?- 201AComm.fs rrrrd Redlines Planning Commission August 12,2013 Agenda Item 3 ADM13-0436 Tropical Sno Page 4 of 10 Fayetteville Unified Development Code 178.04 Outdoor Mobile Vendors Located On Private Property (A) Purpose.This section's purpose is to facilitate and control the ability of outdoorvendors to temporarily 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 order to 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(B)(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 (7:IETCIDevelopmeni Services Reviev,Q0131Developrnenl Review)13-4436 ADM 3075 N College(Tropical Sno)II3 Planning Commission108-12- 10131Canments and Redlines Planning Commission August 12,2013 Agenda Item 3 ADM13-0436 Tropical Sno Page 5 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 variance from the Planning Commission to operate foran 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) GIF.TCDevelopnzenl Services RevieivQ0130evelopmery Rev[e.W-4436 ADM 3075 N College(Trnpicnl Sne)V 3 Planning Commission108-12- 20131Commentr and Redlines Planning Commission August 12,2013 Agenda Item 3 ADM13-0436 Tropical Sno Page 6 of 10