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Home My WebLink About2013-11-12 - 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 November 12, 2013 A meeting of the Fayetteville Planning Commission will be held on November 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. ADM 13-4528: Administrative Item (112 W. BOLES ST./OLD BUILDING, 484): Submitted by OLD BUILDINGS, LLC for property located at 112 W. BOLES STREET. The property contains approximately 0.08 acres and is zoned NC,NEIGHBORHOOD CONSERVATION. The request is a variance to allow a curb-cut variance. Planner: Quin Thompson New Business: 2. ADM 13-4526: Administrative Item (617 N. COLLEGE AVE./MGB PHOTO, 445): Submitted by MALLORY BERRY for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail structure(airstream trailer)to remain on the property for longer than 90 days. Planner: Quin Thompson 3. ADM 13-4541: Administrative Item (4520 N CROSSOVER/NELSON-BERNA, 99): Submitted by ENGINEERING SERVICES, INC. for property located at 4520 N. CROSSOVER ROAD. The property contains approximately 3.07 acres and is zoned R-O, RESIDENTIAL OFFICE. The request is for a variance of the Access Management Ordinance. Planner: Jesse Fulcher 4. LSD 13-4490: Large Scale Development (1923 E. JOYCE BLVDJBUTTERFIELD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL for property located at 1923 EAST JOYCE BOULEVARD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 9.26 acres. The request is to build a fitness center and assisted living center with associated parking. Planner: Jesse Fulcher 5. CUP 13-4507: Conditional Use Permit (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL for property located at 1923 EAST JOYCE BOULEVARD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 9.26 acres. The request is for a conditional use permit to allow an Assisted Living Facility(Use Unit 4), in a RMF-24 zoning. Planner: Jesse Fulcher 6. LSD 13-4523: Large Scale Development (3399 W. BLACK FOREST DR./NW MEDICAL CLINIC, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3399 WEST BLACK FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.83 acres. The request is to build 13,477 sq. ft. medical clinic with associated parking. Planner: Andrew Garner 7. CUP 13-4522: Conditional Use Permit (3399 W. BLACK FOREST DR./NW MEDICAL CLINIC, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3399 WEST BLACK FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.83 acres. The request is for parking above the maximum allowed by UDC. Planner: Andrew Garner 8. RZN 13-4520: Rezone (S. OF MARTIN LUTHER KING BLVD. AND EAST OF S. BEECHWOOD/EATON, 560): Submitted by JORGENSEN & ASSOCIATES for property located SOUTH OF MARTIN LUTHER KING BOULEVARD AND EAST OF SOUTH BEECHWOOD. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.48 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Quin Thompson 9. RZN 13-4521: Rezone (2468 N. CROSSOVER RD.ILYNWOOD 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 rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner: Andrew Garner The following items have been approved administratively by staff.• 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. T111111� aletrl e PC Meeting of November 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: Quin Thompson, Current Planner THRU: Andrew Garner, Director of City Planning DATE: November 6, 2013 ADM 13-4528:Administrative Item(112 W.BOLES STJOLD BUILDING,484): Submitted by OLD BUILDINGS,LLC for property located at 112 WEST BOLES STREET.The property contains approximately 0.08 acres and is zoned NC,NEIGHBORHOOD CONSERVATION.The request is a variance to allow a curb-cut variance. Planner:QuinThompson Findings: Background:The subject property is located at 112 W.Boles Street and contains approximately 0.08 acres.The property is currently developed with a 1,716 square-foot duplex built in 1946.The duplex currently has 3-4 parking places in front, accessed by an 18 foot curb cut, making the entire front yard a paved parking area. In residential development,parking in front of homes is limited to 40%of front yard area. The applicant would like to make landscape improvements to the property, and proposes parking changes to provide enough area to achieve this. Proposal: The applicant wishes to create two new curb cuts with separation of 5 feet, a 45 foot variance,where the minimum separation allowed by code is 50 fee,and to create 30 feet of curb cut where the maximum allowed width of curb cut is 20 feet, a 10 foot variance. Discussion: Boles is a narrow street(20') and vehicles are routinely parked on one side. The street functions more like an alley than a typical City street, with low traffic volumes and speeds. The existing paved area of the property covers approximately 79% (722 square feet) of the front yard,where 40%(366 square feet)is allowed by code.The proposed improvement would reduce the paved area to approximately 56% (511 square feet) and provide 406 additional square feet of permeable landscape area. G:IETCIDevelopment Services Review120130evelopment Review113-4528 ADM 112 W Boles St(Old Building)103 Planning CommissiatV 1-14- 20131Commmtts and Redlines Planning Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 1 of 12 Recommendation: Staff finds that the request to reduce the amount of paved parking area in this setting will improve an existing and non-conforming condition.Further,granting the variance in this case will serve to reduce stormwater runoff and improve the strectscape on Boles Street without decreasing safety on this narrow low-volume street. Staff therefore recommends approval of the request with the following conditions: 1. Approved parking is for three vehicles and limited to areas of impermeable pavement as indicated in the submitted site plan. 2. Permeable areas shall be required to be gravel or permeable paver as indicated in the submittal. 3. Gravel shall not be placed within 5'-0" of the front property line. PLANNING COMMISSION ACTION: YES Required Approved Denied Tabled Motion: Second: Vote: Date: November 12, 2013 166.08 Street Design and Access Management Standards (A)Intent. These standards are intended to ensure that development is designed to be inherently safe, walkable, and efficient for the facilitation of traffic and pedestrian movements. (F) Access Management. Safe and adequate vehicular,bicycle, and pedestrian access shall be provided to all parcels. Local streets and driveways shall not detract from the safety and efficiency of bordering arterial routes. Property that fronts onto two public streets shall place a higher priority on accessing the street with the lower functional classification, ex. Local and Collector. (1) Curb cut minimum distancefrom intersection or driveway. For purposes of determining curb cut or street access separation,the separation distance shall be measured along the curb line from the edge of curb cut to the edge of curb cut/intersection.The measurement begins at the point where the curb cut and intersecting street create a right angle, i.e., the intersection of lines drawn from the face-of-curb to face-of-curb. The measurement ends at the point along the street where the closest curb cut or street intersection occurs;again,measured to the point where the curb cut or intersecting streets create a right angle at the intersection of face-of- curb. (c) Local and Residential Streets.Curb cuts shall be located a minimum of 50 feet from an intersection or driveway. In no case shall a curb cut be located within the radius return of an adjacent curb cut or intersection. Curb cuts shall be a minimum of fifteen(15')feet from the adjoining property line,unless shared. G:IETCIDevelopment Services Review120131Developmene Reviewll3-4528 ADM 112 W Boles St(Old Buildin003 Plmming Commissionlll-l4- 20131Comments and Redlines Planning Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 2 of 12 Number of Curb Cuts Permitted Length of Street Maximum Number of Frontage Curb Cuts 0-50 ft. 1 51-125 ft. 2 126-250 ft. 3 More than 250 ft. 4 (e)Variance. In order to protect the ingress and egress access rights to a street of an abutting property owner, a variance to the curb cut minimums shall be granted by the Planning Commission to allow an ingress/egress curb cut at the safest functional location along the property. Such a curb cut may be required to be shared with an adjoining parcel if feasible. If a parcel on the corner of an arterial or collector street provides such short frontage along a major street that there is no safe ingress/egress functional location on that street,the Planning Commission may deny the curb cut or may limit such curb cut to ingress or egress only. (Code 1965,App.C.,Art.IV,§§C,D,F--H;Ord.No. 1750,7-6-70;Ord.No. 1801,6-21-71;Ord.No.2196,2-17-76;Ord.No.2353,7-5-77;Code 1991,§§159.45,159.58,159.51-159.53;Ord.No.4100,§2(Ex.A),6-16-98;Ord,4757,9-6-05;Ord.4919,9-05-06;Ord.5156,8-5-08;Ord.5296,12- 15-09;Ord.No.5546, 12-04-12) Cross reference(s)--Bonds and Guarantees,Ch. 158;Variances.Ch. 156;Notification and Public Hearings,Ch. 157. 172.11 Driveway and Parking Standards for Four (4) Or Less Parking Spaces (A) Purpose. The purpose of this ordinance section is to promote the public health, safety and general welfare, to prevent the adverse impacts associated with excess parking and over- occupancy of homes in single family districts, and to ensure that compatibility of land uses within single family districts remain intact. (B) Applicability. The following requirements shall apply to properties within single family districts that require four(4)or less parking spaces and properties within all zoning districts that are utilized for a single family detached home requiring four (4) or less parking spaces. The regulations herein do not apply to motor vehicles located completely within or underneath garages or carports, nor to properties zoned Residential Agricultural. (D) Use of Front Yard Area for a Driveway and Off-street Parking. Motor vehicles shall be parked in a driveway or off-street parking area that is clearly defined by pavement, a change in materials, edging, or other means. Driveways and off-street parking areas shall be limited to a maximum of 40% of the front yard area and shall meet the maintenance requirements as identified by this chapter. (E) Parking ofnon-motorized vehicles in Front Yard Area. If parked within the front yard area of a property(including driveways),non-motorized recreational vehicles,trailers,and boats shall be counted toward the maximum total of four(4) motor vehicles permitted on the property. GAETCIDevelopment Services Review110131Development Review113-4528 ADM 112 WBoles S1(Old Budding)103 Planning CommissloeV 1-14- 20131Comments and Redlines Planning Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 3 of 12 (F) Off-street Parking on City Street Right-of-Way. The off-street parking of any motor vehicle, non-motorized recreational vehicle,boat or trailer shall be prohibited within the street right-of- way, which includes any sidewalk, greenspace or other area from the edge of the paved street through the width of the dedicated street right-of-way. On-street parking within properly designated areas of the street right-of-way may be permitted, in accordance with current traffic regulations. (G) Driveway Standards. (1) Driveway Approach to Property Line. The driveway approach shall extend to the property line and/or master street plan right-of-way from the paved street and shall be designed, permitted, and paved with concrete in accordance with §171.13 Sidewalk and Driveway Specifications. (2) Driveways Beyond the Property Line. Driveways shall be paved from the property line and/or master street plan right-of-way with asphalt, concrete, brick or stone pavers, or other solid surface and shall extend 18 feet (length) into the property unless no parking is provided between the property line and structure. (3) Driveways Beyond 18 Feet into the Property. Driveways beyond 18 feet into the property may be paved or unpaved and shall be clearly defined by landscaping or edging. (4) Unpaved Streets. These requirements are waived where the street to which the driveway connects is not paved. (H) Driveway and Parking Area Maintenance Requirements. (1) Paved. Driveways and parking areas that are paved shall be maintained to prevent erosion onto adjacent properties and to prevent dirt,rock and other materials from entering the street. (2) Unpaved. Driveways and parking areas that are not paved shall be maintained to prevent erosion onto adjacent properties and to prevent dirt,rock and other materials from entering the street. Driveways and parking areas shall be constructed and maintained with adequate gravel,grasses,or other plants and/or landscaping materials to keep the area from becoming rutted,muddy and/or soil from being blown or washed away. If an unpaved driveway is not maintained and is identified as a violation of this provision, such driveway shall be immediately remedied by the property owner. (1) Driveway Grading and Drainage. The driveway shall be graded in such a way to dispose of surface water into appropriate structures. (J) Maximum Driveway Width. Driveway width shall be limited to: Lot Width Maximum Driveway Width 70 feet or more 24 feet 50 feet to 69 feet 20 feet G947CIDevelopment Services Review120131Development Review113-4528 ADM 112 W Boles&(Old Building)103 Planning Commissimdll-l4- 20131Convnvas and Redlines Planning Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 4 of 12 G:IETCIDevelopmva Services Review120130evelopmenl Review113-4528 ADM 112 W Boles Sr(Old Budding)103 Planning Commission111-14- 20131Commenls and Redlines Planning Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 5 of 12 I ix Craig Honchell Planning Commission-Chair City of Fayetteville Craig, Our company, Old Buildings LLC, owns the property at 112 West Boles St.through the 6th Street Development Company. We are currently working to improve this asset for both our benefit and the benefit of the neighborhood. Recently,we have reroofed,painted,and cleaned up the landscaping around the property. We are now looking to improve the front drive of the property,which currently is a concrete parking pad. The neighborhood is a collection of quaint cottages with nicely landscaped lawns and yards. One of the issues we are trying to correct is the existing parking arrangement. Our plan would be to define the parking locations and give us an opportunity to landscape the front. The property is a duplex and currently has parking for 3 cars with the occasional 4th vehicle crammed in. We would like to create parking locations for 3 cars. This would require a curb cut for 2 spaces and a second curb cut for 1 space. Jesse Fulcher,with City Planning,took a look at the existing frontage and I have attached notes that he made from his site visit. He noted that the code fora 50 ft.lot is a 20 ft. driveway,but noted that the current paved front yard is nonconforming to the current code. The suggestion made,with Planning Commission approval,was to create 2 curb cuts with a curbed section between the two openings. Jesse recommended we use the current 18 ft.opening and add a second opening for the third space. We would propose that we redo the entire apron to leave an opening for 1 space on the West side of the drive and an opening for 2 cars on the East side of the drive. In addition to the new parking spaces,we would gravel or grass pave the remaining frontage to soften the space and landscape the area to blend the property with the surrounding neighborhood. Thank you for considering our proposal. t Randy Werner Old Buildings LLC Planning Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 6 of 12 .nM; :��".".�.'::="'=';aWv,'w' .... IIfMALii r!!0 Y yV�Y�guma�ssrim, � ...v e � Q"10° �$� � DTISDNIO'1l116ao,uaxae axv ssnaor R 2 0 a oa o I d V U VMI. m Z � nm Nin I y le gk3 Q $ y V � I i rte' II � a y� I J a•r a I o n � `a so= k k I z a I I � I U I I I I I I I I I i g Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 7 of 12 a� a� w C)' M II t U C r r T Q N Q O L Q U N .Q N w Agenda Item 1 ADM13-4528 Old Building Page 8 of 12 i I ti v 11'_ uvmauvr ,�, eP T,19 1 ADM13-4528 OLD BUILDING Close Up View a g LAFAYETTE ST SUBJECT PROPERTY G w J z U u1 BOLES ST - 6180 ALLEY 362 r .,k - end - -WATSON ST �• FukurGrails, . ._ City L - %T Footprints 2010 - Hillside-Hilltop ON erlay District Design Overlay C istrict Design Overlay Cistrict ------ Planning Area 0 37.5 75 150 225 300 Feet Planning Commission November 12,2013 gena tem ADM13-4528 Old Building Page 10 of 12 • f 4� e I .x "y` r xl 1 r - i 1� �jc -1 1 i, � t.r. �•.. 1 I OLD BUILDING .17 JI IIIL • Legend ADIV i Subject Property,•M 13-4528 DesiEn Overlay District PlanningBoundary Area 0 1 Planning Commission November 12,2013 Agenda Item 1 ADM13-4528 Old Building Page 12 of 12 04 • Taye ev 1 e PC Meeting of November 12, 2013 A fl K A N 5 A S 125 W. Mountain St. 72701 THE CITY OF FAYETTEVILLE,ARKANSAS Fayetteville, Telephone:(479)57 5-826-826 7 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: November 05, 2013 ADM 13-4526: Administrative Item (617 N. COLLEGE AVE./MGB PHOTO, 445): Submitted by MALLORY BERRY for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days. Planner: Quin Thompson Property Description: The subject property is located at the southwest corner of the intersection of Trenton Boulevard and College Avenue, at the eastern border of the Wilson Park Neighborhood. The site was originally developed with a commercial structure and associated parking. According to Washington County property records, the structure was removed in 1988; however, the parking lot remains on the property. Over the past three years there have been a number of outdoor mobile vendors on this property, primarily operating out of airstream trailers that the property owner leases to small and start-up businesses. In 2013, four mobile vendors have received approval by the Planning Commission to operate longer than 90 days (Now and Then Boutique, Pigmint florist, Bouchee Bistro, and Lo's Sweet Treats). As part of the approval for these vendors, the property owner agreed to dedicate right-of-way along College Avenue and Trenton Boulevard to aid in the City's upcoming street improvements to College Avenue. The right-of-way dedication included a 10-foot strip of land along College Avenue and a 5-foot strip of land along Trenton Boulevard for a total of approximately 2,000 square feet. Background: MGB Photography is a studio and office for a wedding and portrait photography business shooting on location locally, nationally, and internationally. Mallory Berry is the owner and sole photographer. She uses the location as post-production studio, i.e. editing &printing. The Planning Commission approved an extension in 2012 for MGB Photo to operate for the maximum 12 month period. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Motel/apartments R-O, Residential Office South Commercial C-2, Thoroughfare Commercial West Single-family house RMF-24, Residential Multi-family, 24 du/acre East Skatinq rink C-2, Thorou hfare Commercial GIETCIDevelopment Services Review120130evelopment Revieiv113-4516 ADM 617 M College Ave(MGB Photo)103 Planning Conmdssion111-25- 20131Canmears and Redlines Planning Commission November 12,2013 Agenda Item 2 ADM13-4526 MGB Photo Page 1 of 10 Proposal: The applicant requests a variance of Fayetteville Unified Development Code Section 178.04(C) to allow for an extension to an Outdoor Mobile Vendor Permit to be granted for one year, where the maximum by right is 90 days. The vending trailer 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. Staff has not received objections to the request. RECOMMENDATION: Staff recommends in favor of the requested variance with the following conditions of approval: 1. The vendor shall be permitted for an addition nine (9) months from the date of Planning Commission approval, to expire on July 20, 2014. 2. If variances for other mobile vendors on this site continue to be requested, staff may likely recommend more extensive improvements typical of a permanent business such as parking lot improvements, greenspace, sidewalk, landscaping, and/or other pedestrian improvements (some of which are indicated on the concept site plan prepared by staff and attached to this report). 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. Additional Conditions/Comments: PLANNING COMMISSION ACTION: X Required Approved Denied Tabled Motion: Second: Vote: Date: November 12,2013 G:IETCIDevelopment Services Revieivl20/31Development Revie}v113-4526 ADM 617N.College Ave(AfGB Photo)I03 Planning Comm(ssionlll-25- 2013IConiments and Redlines Planning Commission November 12,2013 Agenda Item 2 ADM13-4526 MGB Photo 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 a total of twelve months, the maximum permitted under the ordinance. (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: Mobile vendors have operated safely in this parking lot for several years. The property is accessed by an existing curb cut onto College Avenue. While this curb cut does not comply with the City's current access management ordinance, staff finds that the existing access is acceptable and will not create a dangerous traffic situation. However, as mobile vendors continue to be utilized in this location for restaurants and retail sales, higher volumes of traffic could create dangerous traffic conditions because of the non- conforming curb cut and site distance issues along this stretch of College Avenue and Trenton Boulevard. The property owner has voluntarily completed improvements to the site over the past few years including installation of water and electrical hook-ups for the trailers, clearing brush, painting stripes on the parking lot, installation of a portable toilet (porta potty) for customers, and seasonal landscaping in large stainless steel planter boxes. These improvements and the general maintenance of the site by the owner and its vendors, including having a consistent style among the vendors with primarily stainless steel airstream style trailers, has fostered an aesthetically pleasing streetscape. G:IETCIDevelopmenl Seivices Revieml20131Developmenl Review113-4526 ADM 617N.College Ave(MGB Pholo)103 Planning Commissionlll-25- 20131Commenrs and Redlines Planning Commission November 12,2013 Agenda Item 2 ADM13-4526 MGB Photo Page 3 of 10 (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: Through a `Google' search staff found one similar business located approximately 2,350 feet from the applicant business. Staff did not take the additional step of contacting the nearby business owner in this case. In staff's opinion, the location of wedding and portrait photographer's business office is not likely to create an unfair advantage over a `permanent' business, as the photographer works on location and could just as effectively work out of a residence, and typically location is not a strong factor in choosing a wedding photographer. In Staffs opinion, allowing MGB Photo to operate at this location for an extended period of time should neither adversely impact nor cause an unfair advantage over any other similar `permanent' businesses. G:TTCIDevelopmem Services Revie,020130evelopnent Review 13-4526 ADM 617N.College Ave(MGB Photo)W3 Planning Connnissionlll-25- 20131Comnrents and Redlines Planning Commission November 12,2013 Agenda Item 2 ADM13-4526 MGB Photo 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 outdoor vendors 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 G:IETCIDevelopment Services Review120131Development Reviewll3-4526 ADM 617 N.College Ave(MGB Pho(a)103 Planning Commission) 1-25- 20131Connnents and Redlines Planning Commission November 12,2013 Agenda Item 2 ADM13-4526 MGB Photo Page 5 of 10 and approved 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 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 Revieivl20131Developmen(Review113-4526ADM 617 N.College Ave(MGB Pholo)103 Planning CommissionV 1-25- 20131Comments and Redlines Planning Commission November 12,2013 Agenda Item 2 ADM13-4526 MGB Photo Page 6 of 10 OL • r a �� . Vii, j ti J�r 44 A�1 i 1 ( o1 • 7 1 4 . T . , u 1 ADM 13-4526 MGB PHOTO Close Up View e1DSp5CT ST t- r. a [0 aI^ � I i -_ rtO � I I ' �r: I i7EBECGA ST r Ii ntEyT04 SUBJECT PROPERTY11 Fir FtSF-4 ' I I I �'}�- 1• I II DAVIDSON ST QAVIDSON ST W a ` r F'm s+a 0 ■ ' w z Legend "' Multi-Use Trail (ExistinsA Future Trails },llit Fa etteville City Limits _ - - - - -MAP-LE&T-- DM13-4526 - Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet Planning Commission November 12,2013 gena em ADM13-4526 MGB Photo Page 8 of 10 • it ?� L f' '�'�� :J I- f r ✓tZl - lull! � 11 r �{ l a r � Overview Legend ADIV 13-4526 Subject Property _ Desi.Fn Overlay District El Boundary Plan g Area Planning Commission November 12,2013 Agenda Item 2 ADM13-4526 MGB Photo Page 10 of 10 • Tayetevl e PC Meeting of November 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, Senior Planner THRU: Andrew Garner, City Planning Director DATE: November 6, 2013 ADM 13-4541: Administrative Item(4520 N CROSSOVER/NELSON-BERNA,99): Submitted by ENGINEERING SERVICES, INC. for property located at 4520 N. CROSSOVER ROAD. The property contains approximately 3.07 acres and is zoned R-O,RESIDENTIAL OFFICE.The request is for a variance of the Access Management Ordinance. Planner: Jesse Fulcher Findings: Background: The subject property is located at the northeast corner of Crossover Road(Hwy 265) and E. Zion Road and is developed with the Nelson-Berna Funeral Home. The site has a full access curb-cut onto Crossover Road and a second access onto Zion Road. Due to the unique nature of a funeral home,the parking lot and access points are set up to allow a large volume of vehicles to stage on the east side of the building and then allow the procession to exit onto Crossover Road on the west side of the building. Currently Crossover Road is being widened by the Arkansas State Highway and Transportation Department (AHTD) from two lanes to a five-lane boulevard from Mission Boulevard to the City limits. Road widening between Mission Boulevard and Joyce Boulevard is complete. Work in the area of this site currently includes grading, utility relocation and reconstructing driveways in preparation for the actual road widening. For this particular property, AHTD work includes relocating the curb line and existing driveway entrance on Crossover Road approximately 50 feet to the east to allow additional travel lanes on Crossover.Additionally, due to the construction of the median,which will prohibit left turns out of the site,AHTD is constructing a new driveway on Zion Road,just west of the funeral homes primary exit door used by family members after services.This new driveway will allow the procession to exit onto Zion, where there is a median break, and make left turns onto Crossover. Coinciding with AHTD work,the owners of Nelson-Berna would like to extend the parking/staging area on the east side of the building and reconfigure some internal parking stalls.Due to the fact that processions exit out of the west driveways,the owners are proposing to add a new driveway on Zion Road at the far east end of the site,so vehicles can enter the staging area in the appropriate direction. Currently, visitors enter the site from Zion or Crossover and must make a u-turn to enter into the staging area in the correct direction. Proposal: The applicant is proposing to add a new driveway on E.Zion Road as part of the parking lot improvement project. However, the existing access connection onto Crossover Road is non- Planning Commission November 12,2013 Agenda Item 3 ADM13-4541 Nelson-Berna Page 1 of 12 conforming, since the property has access to two streets, with Zion Road being a lower classified street. Fayetteville Unified Development Code(UDC)166.08(F)(1)(a): Where a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets. Pursuant to Chapter 166.08(G), Non-conforming Access Features, any existing non-conforming access connections must be brought into compliance with the Access Management Ordinance under the following conditions: (a) When new access connection permits are requested, (b) Upon expansion or improvements greater than 50% of the assessed property value or gross floor area or volume; (c) As roadway improvements allow. Consequently,the proposal to add a new curb-cut onto Zion Road requires that the existing curb-cut onto Crossover Road be removed. The applicant is requesting approval of a variance of the Access Management Code to allow the existing Crossover driveway to remain in place. Discussion: The intent of the Access Management Ordinance is to maintain traffic and pedestrian safety and efficiency. Staff finds that the request to maintain the existing curb-cut does not decrease pedestrian safety,or roadway efficiency.This is due to the fact that the driveway will be restricted to left in/left out movements when the median is completed, and very few vehicles will enter the site from Crossover,since the main parking areas are on Zion Road. Further,the use of the property as a funeral home generates very tow volumes of traffic except during services when a large volume of vehicles exit the site in a controlled formation, usually led by a hearse and sometimes police vehicles. Another important factor that staff considered is the final driveway design on Crossover Road. Currently,the throat length is approximately 60 feet,in excess of what is required by code.However, based on the highway design plans, the throat length will be reduced to approximately 9 feet (see plans).In staff's opinion,this is inadequate,and based on the location of existing parking spaces,has a high potential to create a dangerous traffic condition. The applicant has developed a plan that will remove most of the parking spaces near the entrance and provide a throat length of approximately 45 feet. This is a much safer scenario for the public and clients of Nelson-Berna Funeral Home. Recommendation: Based on the findings herein, staff recommends approval of the variance subject to the following condition(s): 1.As indicated in the applicant's site plan,four existing parking spaces on the west side of the building shall be removed to allow the driveway throat length to be expanded to approximately 45 feet and the minimum greenspace requirements shall be provided. PLANNING COMMISSION ACTION: yes Required O Approved O Denied O Tabled Planning Commission November 12,2013 Agenda Item 3 ADM13-4541 Nelson-Berna Page 2 of 12 Motion: Second: Vote: Notes: Date: November 12,2013 166.08 Street Design and Access Management Standards (A)Intent. These standards are intended to ensure that development is designed to be inherently safe, walkable, and efficient for the facilitation of traffic and pedestrian movements. (B)Fitness for development. Based on topographic maps, soil surveys prepared by the Department of Agriculture and drainage information from the Future Land Use Plan and the Hillside/Hilltop Overlay District, the Planning Commission may require that steep grades, unstable soil and flood plains be set aside and not subdivided until corrections are made to protect life, health, and property. (C)Applicability. The standards set forth herein shall apply to land which is proposed to be developed or redeveloped where the creation of public streets are required, or proposed, or in which new or existing access is created or modified. Developments that create private streets shall utilize these standards as guidelines. (F) Access Management. Safe and adequate vehicular,bicycle, and pedestrian access shall be provided to all parcels. Local streets and driveways shall not detract from the safety and efficiency of bordering arterial routes. Property that fronts onto two public streets shall place a higher priority on accessing the street with the lower functional classification. ex. Local and Collector. Planning Commission November 12,2013 Agenda Item 3 ADM13-4541 Nelson-Berna Page 3 of 12 ENGINEERING SERVICES INCe 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph:479-751-8733 • Fax:479-751-8746 October 25,2013 Planning Commission City of Fayetteville,Arkansas 125 West Mountain Fayetteville,AR 72701 RE: Variance Request Narrative Nelson Bema Funeral Home(SIP 13-4505) Dear Sir or Ma'am, On behalf of our client, we are submitting a variance request associated with the Site Improvement Plan for Nelson Bema Funeral Home (SIP 13-4505). The site address is at 452 N. Crossover Road, parcel number 765-13211-000, and the property is owned by PCC Properties, LLC. The Arkansas State Highway and Transportation Department, in conjunction with the City of Fayetteville, is currently constructing street improvements to Highway 265 (N. Crossover Road) which runs along the west side of the subject property. The widening of the highway and additional right-of-way required for the improvement project has necessitate modifications to the subject property to allow for continued operation of the funeral home in the current location. The proposed improvements to the site include maintaining an existing driveway accessing Highway 265 near the northwest comer of the property. The western parking area at the front of the building will be modified to eliminate several existing parking spaces and thereby increase the driveway throat length to more than forty feet in order to comply with the Unified Development Code. However, this existing drive is located less than the required distance from the intersection of Highway 265 and East Zion Road to the south of the driveway. The distance between the intersection and the driveway is required by ordinance to be at least 250' (Unified Development Code,166.08 Street Design and Access Management Standards, (F) Access Management, (1) Curb out minimum distance from intersection, (a) Principal an Minor Arterial Streets). The actual distance is 121.6' as shown in Exhibit A (enclosed). We request a 129' variance of this ordinance to allow the applicant to continue use of the existing driveway in its current location. Ji ,yW 14,,cm.P.F. Phllpt-HI.Axd,I',f PLS. I Ri7a 'nJ M<kr,,PF TiJ CI vw-, �I p' P;6. em , ii,6v& l Pmsidu �J oJc.� 4 MIT-., ENGINEERING SERVICES INC. Consulting • Surveyors - • �X Planning Commission November 12,2013 Agenda Item 3 ADM13-4541 Nelson-Berna Page 4 of 12 Fayetteville Planning Commission October 25, 2013 Page 2 This driveway has been in use for many years by visitors to the funeral home,and its elimination would potentially cause significant inconvenience to future visitors. If the drive were to be removed, drivers approaching the property from the south unaware the driveway had been removed would be required to drive north past the property, then turn around, return to the site, and tum left across Highway 265 to reach the funeral home if the driveway were removed. Applicant desires to maintain the existing driveway to preserve the traditional primary access to the site and avoid any confusion or inconvenience to visitors, and create an undue hardship on the applicant. There is a second driveway being installed by the Highway Department near the southwest comer of the property which will allow access to East Zion Road which runs along the southern Jpfi S64AOO boundary of the property. The driveway will be situated 74.6' from the intersection of East Zion Road and Highway 265, but is required by ordinance to be at least 100 feet away from the intersection (Unified Development Code,166.08 Street Design and Access Management Standards, (F) Access Management, (1) Curb cut minimum distance from intersection, (b) Collector Streets). We request a 26' variance of this ordinance to allow the applicant to allow use of this driveway being constructed by AHTD. The location of this driveway is integral to the functioning of the funeral home. Typically during a service,the hearse is parked facing west near a door in the southern wall of the building, with additional vehicles assembled behind the hearse in a line extending east toward the large parking area behind the building. When the service is completed, the casket is loaded into the hearse, which is conveniently located near the doorway minimizing the distance it must be moved. Once the casket is loaded, the hearse is able to leave the property by turning on to Crossover Road using the existing drive on the west side of the property. Although the driveway accessing Crossover Road will provide a sufficient route if the convoy is traveling north, the proposed median installed along the Crossover as part of the current improvement project will make left turns (to the south) from the Crossover driveway impossible, and the western Zion Road driveway will be necessary for the convoy to travel south without the entire convoy traveling north then turning around and doubling back toward the destination. The driveway is being constructed by AHTD to mitigate the reduced access to Highway 265 for southbound traffic caused by the median installation. Eliminating this driveway would make southbound funeral procession logistics much more involved and inconvenient, creating an undue hardship on the applicant. 5�1 perry W.ivf9Rln, Philip C.Humbud,P.E..P.L.S- I Brian).Muore•P.E. I Tim).41Twa @+iW.Nlnhin,P.E.P. RauJvm V¢e Pnoo inil.niys,P.E.P.r • r • • • r ENGINEERING SERVICES INC. November 12,2013 Agenda Item 3 ADM13-4541 Nelson-Berna Page 5 of 12 Fayetteville Planning Commission October 25,2013 Page 3 The site improvement plan also includes relocating an existing drive located south and slightly east of the existing building further east to the east end of the large parking area in order to increase the distance between the two driveways which will access East Zion Road, in order to comply with ordinance requirements regarding separation of adjacent driveways serving a property. The distance between adjacent drives will be increased by approximately 180', while the existing number of curb cuts will remain two, which is less than the four curb cuts along a collector street allowed by ordinance for properties such as the project site with more than 500' of street frontage. In summary, on behalf of the applicant, we hereby request a variance of the requirement that the existing drive accessing North Crossover Road be located a minimum of 250' from the intersection with East Zion Road, and hereby also request a variance of the requirement that the western drive being constructed by AHTD accessing East Zion Road be located a minimum of 100'from the intersection with North Crossover Road. The following materials are enclosed with this letter: -Completed,Signed Variance Application Form -Check in the Amount of$25.00 for Application Review/Processing Fee Legal Description of Property Scaled Drawing of Site Plan enclosed entitled "Exhibit A" Copy of Warranty Deed Please let me know if you have any questions or need any further information. Sincerely, Bo B. Wilkins, P.E. Project Engineer Enclosures i )errs W.U,hM PG. Philip C.Hun :±rJ,CE:P.L.S. Brian.,M.wre.P.E. Tim J.u?daisP.F.hvrmm.frh@,xnl Iumbad Vrc,Pv.iden+ ti,a,i.rcl'Lr..orter Consulfin • • • rENGINE£FING SEIMCE9 I . November 12,2013 Agenda Item 3 ADM13-4541 Nelson-Berna Page 6 of 12