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Home My WebLink About2015-06-22 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting June 22, 2015 5:30 PM 113 W. Mountain, Room 219 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the June 8, 2015 meeting. 2. ADM 15-5110: Administrative Item (1946 N. BIRCH AVE./THE CONTAINER KITCHEN, 367): Submitted by BENJAMIN MILLS for property located at 1946 N. BIRCH AVE. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 1.55 acres. The request is for a Mobile Vendor Annual Permit. Planner: Andrew Garner 3. CCP 15-5085: Concurrent Plat (5648 JESS ANDERSON RD./NOTTENKAMPER, 358/359): Submitted by JORGENSEN &ASSOCIATES for property located at 5648 JESS ANDERSON RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 16.74 acres.The request is to subdivide two lots into four lots containing approximately 4.42, 4.07, 4.14, and 4.11 acres each. Planner: Quin Thompson 4. VAC 15-5080: Vacation (WEIR & SALEM RDS./HOLCOMB HEIGHTS SUBDIVISION 245): Submitted by RIVERWOOD HOMES for properties located at the intersection of WEIR & SALEM RDS. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contain approximately 0.61 acres. The request is to vacate a street right-of-way within the subdivision and portions of utility easements. Planner: Jesse Fulcher 5. VAC 15-5078: Vacation (EAST OF 4148 W. MILK BLVD./HOLLANDS SUBDIVISION 595): Submitted by CITY STAFF for property located EAST OF 4148 W. MILK BLVD. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately 15.20 acres. The request is to vacate a street right-of-way within the subdivision. Planner: Andrew Garner Old Business Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6. LSD 15-5072: Large Scale Development (2269 N. HENBEST DR./ADVENTURE SUBARU, 325): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 N. HENBEST DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 8.36 acres. The request is for construction of three structures related to car sales consisting of approximately 14,600 square feet with associated parking and sales lot. Planner: Jesse Fulcher 7. LSD 15-5070: Large Scale Development (3739 N. STEELE BLVD./UARK CREDIT UNION, 173): Submitted by JORGENSEN & ASSOCIATES for property located at 3739 N. STEELE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for construction of an 8,927 square foot bank with associated parking. Planner: Quin Thompson 8. PPL 15-4989: Preliminary Plat (SOUTH OF MANOR & RIDGELY DR./REMINGTON ESTATES SUBDIVISION, 449): Submitted by ENGINEERING SERVICES, INC. for property located SOUTH OF MANOR & RIDGELY DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 12.10 acres. The request is for a 27 lot single-family subdivision. Planner: Quin Thompson New Business 9. LSD 15-5074: Large Scale Development (SOUTH OF 3203 N. WARWICK DR./HUNTINGDON APTS., 216): Submitted by COMMUNITY BY DESIGN for property located at SOUTH OF 3203 N. WARWICK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 1.13 acres. The request is for construction of a 12 unit apartment complex with associated parking. Planner: Andrew Garner 10. RZN 15-5066: Rezone (1324 W. CLEVELAND ST./ARKANSAS LEGACY, LLC., 443): Submitted by COMMUNITY BY DESIGN for properties located at 1324 W. CLEVELAND ST. The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 3.98 acres. The request is to rezone the properties to DG, DOWNTOWN GENERAL. Planner: Jesse Fulcher 11. ADM 15-5093: Administrative Item (UDC Chapters 161, 164 and 172/SINGLE FAMILY INFILL STANDARDS): Submitted by CITY PLANNING STAFF for revisions to Chapters 161, 164 and 172 to modify the bulk and area regulations to encourage small-lot, single family infill in multi- family zoning districts, and to include minimum design standards for this type of development. Planner: Jesse Fulcher 12. ADM 15-5090: Administrative Item (AMENDMENT TO THE MINIMUM STREET STANDARDS GUIDELINE- UDC CHAPTER 171, STREETS & SIDEWALKS): Submitted by CITY ENGINEERING STAFF for revisions to Chapter 171 to modify the Minimum Street Standards Guideline. Engineer: Matt Casey The following items have been approved administratively by staff: 2 FPL 15-5083: Final Plat (REDSTONE DR. AND S. SHILOH DR./HAWKINS HOUSE SUBDIVISION PH 1, 519): Submitted by BATES &ASSOCIATES for property located at REDSTONE DR. & S. SHILOH DR. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 10.74 acres. The request is for final plat approval of a residential subdivision with 6 lots and 38 dwelling units. Planner: Jesse Fulcher Announcements Adjourn NOTICE TO MEMBERS OF THE AUDIENCE: All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the 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. 3 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission June 8, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, and Kit Williams—City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch 2. In Attendance: Thomas Brown, William Chesser, Janet Selby, Tracy Hoskins, Matthew Hoffman, Sarah Bunch, Ron Autry, and Kyle Cook Absent: Ryan Noble Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, and Kit Williams 3. Consent Agenda: Approval of the minutes from the May 26, 2015 meeting. VAC 15-5089: Vacation (3215 NORTH HILLS BLVD., 250): Submitted by USI ENGINEERS for property located at 3215 NORTH HILLS BLVD. The property is zoned P- 1, INSTITUTIONAL and contains approximately 20.28 acres. The request is to vacate a portion of a utility easement. VAR 15-5091: Variance (65 W. ROCK ST./CITY PARKING FENCE, 523): Submitted by CITY STAFF for property located at 65 W. ROCK ST. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.55 acres. The request is for a variance of the downtown fence height requirements. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Mailing Address: Planning Commission 113 W. Mountain Street www.fayeN !Qfll�2a?.%§v Fayetteville,AR 72701 Agenda Item 1 Minutes 06-08-2015 Page 1 of 14 4. New Business: LSP 15-5065: Lot Split (4705 E. WOODSEDGE RD./LINER, 297): Submitted by JORGENSEN & ASSOCIATES for property located at 4705 E. WOODSEDGE RD. The property is in THE FAYETTEVILLE PLANNING AREA and contains approximately 5.00 acres. The request is a variance to create a new 4.00-acre tract without street frontage. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Blake Jorgensen, applicant, had no additional comments. Motion: Commissioner Chesser made a motion to approve LSP 15-5065 as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 22,20Z Agenda Item 1 Minutes 06-08-2015 Page 2 of 14 PPL 15-4991: Preliminary Plat (4436 E. MISSION BLVD./EASTERN PARK SUBDIVISION, 296/297): Submitted by USI CONSULTING ENGINEERS for property located at 4436 E. MISSION BLVD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.66 acres. The request is for a 17 lot single-family subdivision. Andrew Garner, City Planning Director, gave the staff report. Ferdi Fourie, applicant, discussed agreement with the recommended conditions of approval. No public comment was presented. Commissioner Cook gave a Subdivision Committee report. Motion: Commissioner Chesser made a motion to approve PPL 15-4991 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 22,20$ Agenda Item 1 Minutes 06-08-2015 Page 3 of 14 CUP 15-5076: Conditional Use(519 W. SKELTON RD./JARDIN HOME DAYCARE, 679): Submitted by TERRI LYNN JARDIN for property located at 519 W. SKELTON RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNIITS PER ACRE and contains approximately 1.08 acres. The request is for a home daycare for 5 or less children. Jesse Fulcher, Senior Planner, read the staff report. Tracy Jardin, applicant, described the back yard and that it didn't provide enough space for the kids. We can put up a fence in the front yard if needed. No public comment was presented. Commissioner Brown stated he was concerned with not having a fence in front due to proximity to the street. Commissioner Hoskins asked about the complaint. Fulcher stated he didn't speak with the complainant and wasn't sure what the issue was. Commissioner Hoskins asked staff if they were okay with a fence. Fulcher stated yes. Jardin discussed the condition of the property next door and described improvements to their property. Kit Williams, City Attorney asked the applicant if she could work with staff on the fence. Jardin stated yes. Commissioner Hoskins stated he is okay with the request if a fence is put up. Commissioner Brown asked if the item needed to be tabled until the fence is installed. Commissioner Bunch stated that the item could be approved with the fence as a condition. Motion: Commissioner Brown made a motion to approve CUP 15-5076 as recommended by staff, except modifying condition #1 to allow the play area to remain in the front yard with the requirement that the play area be fenced. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 22,2016 Agenda Item 1 Minutes 06-08-2015 Page 4 of 14 LSD 15-4955: Large Scale Development (335 E. APPLEBY ROAD/APPLEBY TOWNHOMES, 251): Submitted by BATES &ASSOCIATES for property located at 335 E. APPLEBY ROAD. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 1.03 acres. The request is for a multi-family project consisting of 11 units in two buildings. Jesse Fulcher, Senior Planner, read the staff report. Derek Thomas, applicant, agreed with the conditions. No public comment was presented. Commissioner Cook discussed the comments from the Subdivision Committee and that those items have been addressed. Commissioner Chesser asked if the sidewalk location was worked out. Fulcher stated yes. Commissioner Hoffman thanked the applicant for adding porches to the south building. Motion: Commissioner Chesser made a motion to approve LSD 15-4955 as recommended by staff. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 22,20fE6 Agenda Item 1 Minutes 06-08-2015 Page 5 of 14 LSD 15-5072: Large Scale Development (2269 N. HENBEST DRJADVENTURE SUBARU, 325): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 N. HENBEST DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 8.36 acres. The request is for construction of three structures related to car sales consisting of approximately 14,600 square feet with associated parking and sales lot. Jesse Fulcher, Senior Planner, read the staff report. Blake Jorgensen, applicant, stated that the pond is now dry, so the engineering elements are taking care of. No public comment was presented. David Nelms, applicant, described the building elevations and changes, and the use of the building. Adding a door on the north elevation invites public to the building and this space is only for employees. We've tried to address staff's concerns by using design elements from original building. Commissioner Bunch asked staff would they would recommend adding to the building. Fulcher stated they don't want to design the building for the applicant. Commissioner Chesser asked if staff thought the building met code. Fulcher stated no. Commissioner Hoskins recommended that the applicant utilizing fake glass, spandrel glass, or other changes that won't interfere with the carwash. Commissioner Chesser stated he tends to agree with staff. It feels like a big warehouse and doesn't meet code. Should we table the item date specific. Fulcher stated two weeks is likely enough, but we should ask staff. Nelms stated he wasn't sure fake items would improve the look of the building.These delays cost money. We don't want to the public to come to the building. Commissioner Autry stated the building mimics the other building. It's a detail shop. Andrew Garner, City Planning Director, recommended voting on item #1 seperately. Jorgensen stated that cars will block most of the building from the street. Commissioner Hoskins asked about the height of the building. Planning Commission June 22,206 Agenda Item 1 Minutes 06-08-2015 Page 6 of 14 Fulcher stated 15-20 feet tall. Commissioner Chesser withdrew his motion to table. Motion #1: Commissioner Brown made a motion regarding LSD 15-5072 to approve the commercial design standards for the shop building. Commissioner Autry seconded the motion. Upon roll call the motion failed with a vote of 3-4-1. Commissioners Hoskins, Chesser, Cook, and Bunch voted "no". Commissioner Hoffman recused. Motion #2: Commissioner Chesser made a motion to table LSD 15-5072 to the next Planning Commission meeting. Commissioner Selby seconded the motion. Upon roll call the motion failed with a vote of 5-2-1. Commissioners Hoskins and Autry voted "no". Commissioner Hoffman recused. Planning Commission June 22,2025 Agenda Item 1 Minutes 06-08-2015 Page 7 of 14 LSD 15-5070: Large Scale Development (3739 N. STEELE BLVDJUARK CREDIT UNION, 173): Submitted by JORGENSEN &ASSOCIATES for property located at 3739 N. STEELE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for construction of an 8,927 square foot bank with associated parking. Quin Thompson, Current Planner, read the staff report. Ken Shireman, applicant, discussed his interpretation of 'entry-way' and stated that he believed his design was in compliance with the development code, and gave reasons why banks prefer to have only one public entry. No public comment was presented. Matthew Hoffman, Commissioner, discussed options for the design that would meet code and not require two separate entrances, including a corner foyer. Tom Brown, Comissioner, suggested ways to bring a covered entry from the north employee entrance to the east fagade. Motion: Commissioner Hoffman made a motion to table LSD 15-5070 until the next Planning Commission meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 4-3-1. Commissioners Autry, Hoskins, and Selby voted "no". Commissioner Cook recused. Planning Commission June 22,20S Agenda Item 1 Minutes 06-08-2015 Page 8 of 14 CUP 15-5026: Conditional Use (SOUTH OF MANOR AND RIDGELY DR. INTERSECTION/REMINGTON ESTATES SD, 449): Submitted by ENGINEERING SERVICES INC. for property located SOUTH OF MANOR DR. AND RIDGELY RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 12.11 acres. The request is for a tandem lot. Quin Thompson, Current Planner, read the staff reports for the CUP and PPL together. Jason Appel, applicant, had no additional comments. Public comment: Wanda Walker, neighbor, said that she was opposed to the tandem lot, saying it would be incompatible with the area and inconsistent with neighboring properties. She discussed concerns about increased traffic and egress onto Crossover road. She suggested improvements to the intersection of Manor Drive and Crossover Road to improve safety. Bobby Babcock, neighbor, said that he was opposed to the development, citing concerns with traffic, density, and drainage problems that could be caused by the proposal. Dick Vertz, neighbor, said that Manor drive was a narrow street, without curb or sidewalk, and said that the development would increase traffic on a street where children and families walk. Sue Howarton, neighbor, said that her main concerns was safety. She said that Manor drive is very narrow, and that a subdivision with small lots and steep grades would likely become rental property leased to college students, who bring a higher impact than families. Jay P Greene, neighbor, said that 28' road was too wide and that the intersection with the narrow Manor Drive would be unattractive. He reminded the Commission that tree preservation is a primary goal of the City and suggested that the applicant should wait to develop this property until property to the south is developed, so that a street connection would be available back to Crossover. He said that profitability for the developer should not be a consideration for the City. He added that he opposes the tandem lot, as it had no benefit other than added profit. He said that the Planning Commission should not approved the development because the proposed street could not be built without permission from neighboring landowners, which would not be given. He asked that the Commission table the project to allow the developer time to discuss the project with neighbors. Tammy Garrish, neighbor, said that was concerned with traffic and safety and that she was opposed to the development. Jim Walker, neighbor, said that this neighborhood was very stable, adding that he had lived in the neighborhood since 1988, and that some of his neighbors had been there since 1966. He said that the streets had not been improved and were never designed to carry large traffic volumes. He said that the developer should consider larger lot sizes and a through connection [to the south.] He said that some neighbors attending the meeting did not intend to speak and asked those who were opposed to the development to stand. [10 people in the audience stood] Planning Commission June 22,20$ Agenda Item 1 Minutes 06-08-2015 Page 9 of 14 No more public comment was presented. Sarah Bunch, Chair, asked staff for the amount of exiting right-of-way (ROW) on Ridgely Drive. Thompson replied that there is 50 feet of ROW. William Chesser, Commissioner, asked why no improvements to Manor Drive were being recommended. Thompson replied that staff felt that improvements to Manor Drive would likely exceed an amount that would be 'roughly proportional' to the impact this development would cause, and added that Ridgely drive improvements would be substantial. Andrew Garner, Planning Director, discussed tests for rough proportionality and the rational nexus, which limit the amount of infrastructure that can be required. He added that a subdivision can be denied based on negative impact to safety and traffic. Chesser asked staff if the developer would be able to grade at the ROW line without permission from the landowner. Corey Granderson, Staff Engineer, said that grading was allowed up to the ROW line without additional permission. Kit Williams said that the Commission could consider traffic and safety, and should consider whether the developer can meet code requirements in the real world. Chesser asked staff if the developer could meet the requirement without grading outside of the ROW line. Granderson said that the proposed road section would work, but that it would require easement to work on the Garrish property. He said that he would be willing to consider alternative designs. Chesser asked staff to clarify whehter it would be possible to build the proposed section without the neighbor's permission. Granderson said that it would not be possible. Chesser asked staff to address the tandem lot request. Thompson replied that there are currently no tandem lots nearby, but that the large lot size would not be likely to negatively impact property values in the area. Hoskins asked staff if the road could be constructed within the ROW with a retaining wall. Granderson said that it would be possible to remain in the ROW if a retaining wall were to be built. Thompson noted that retaining walls are not allowed within the ROW unless approved by the City Engineer. Planning Commission June 22,2M Agenda Item 1 Minutes 06-08-2015 Page 10 of 14 Granderson said that this was correct. Matthew Hoffman, Commissioner, said that he could not find in favor of the tandem lot. He said that the proposed street section was apparently not buildable. He said that he would encourage the developer to speak with neighbors and that he hoped a better project would be the outcome of those conversations. Bunch said that no one ever wants vacant land around them to be developed, but that this land had development rights, and added that she would like to see more agreement between the developer and neighbors. Appel said that he could provide a design that would work with a retaining wall, and that the developer had discussed this with the Garrish family. Bunch asked the Urban Forester to comment on tree removal. Derek Linn, Urban Forester, said that there were a number of significant trees that would be removed or damaged for improvements to Ridgely. He said that the code does require street trees but does not require mitigation for trees in the ROW. Hoskins asked if the development could be served by private drives rather than public streets and if this would solve the problem. Thompson said that private drives are not allowed in a subdivision development. Garner agreed that this was not an option. Chesser asked if trees on private property that are damaged as a result of grading within the ROW would be mitigated for. Linn said that any trees that were impacted outside of the ROW would be mitigated for. Chesser asked staff if neighbors have legal recourse if their trees are damaged. Williams said he preferred not to give an opinion on that now. He added that the roots may have trespassed into the ROW. Motion: Commissioner Chesser made a motion to table CUP 15-5026 until the next Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Hoskins and Selby voted "no". Planning Commission June 22,2Q115 Agenda Item 1 Minutes 06-08-2015 Page 11 of 14 PPL 15-4989: Preliminary Plat (SOUTH OF MANOR & RIDGELY DR./REMINGTON ESTATES SUBDIVISION, 449): Submitted by ENGINEERING SERVICES, INC. for property located SOUTH OF MANOR & RIDGELY DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 12.10 acres. The request is for a 27 lot single-family subdivision. Quin Thompson, Current Planner, read the staff report. Motion: Commissioner Chesser made a motion to table PPL 15-4989 until the next Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Hoskins and Selby voted "no". Planning Commission June 22,2(L') Agenda Item 1 Minutes 06-08-2015 Page 12 of 14 RZN 15-5075: Rezone (NE CORNER VAN ASCHE & STEELE BLVDS./CMN LOTS 8 & 14, 173): Submitted by CRAFTON TULL ENGINEERS for property located at the NE CORNER VAN ASCHE & STEELE BLVDS. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 17.70 acres. The request is to rezone the property to C-3, CENTRAL COMMERCIAL. Quin Thompson, Current Planner, read the staff report. Thomas Hennelly, applicant, had no additional comments. No public comment was presented. William Chesser, Commissioner, said he was excited to see the additional multi-family projects being planned in this area and added that he hoped the applicant would consider adding on-street parking with the development as has been planned for the [Uptown] development to the north. Motion: Commissioner Chesser made a motion to forward RZN 15-5075 to City Council with a recommendation of approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Hoskins and Cook voted "no". Planning Commission June 22,2Q$ Agenda Item 1 Minutes 06-08-2015 Page 13 of 14 5. Reports: No reports 6. Announcements: Subdivision Committee meets this Thursday, June 11th, 2015. 7. Adjournment Time: 8:05 PM 8. Submitted by: City Planning Division Planning Commission June 22,2(7'6 Agenda Item 1 Minutes 06-08-2015 Page 14 of 14 CITY OF ayevi le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: June 22, 2015 SUBJECT: ADM 15-5110: Administrative Item (1946 N. BIRCH AVE.fTHE CONTAINER KITCHEN, 367): Submitted by BENJAMIN MILLS for property located at 1946 N. BIRCH AVE. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 1.55 acres. The request is for a Mobile Vendor Annual Permit. RECOMMENDATION: Staff recommends approval of ADM 15-5110 with conditions. BACKGROUND: The subject property is two parcels under the same ownership located at the southeast corner of the Poplar and Birch Avenue. The site totals 1.55 acres and is zoned 1-1, Heavy Commercial and Light Industrial. The Fossil Cove Brewing Company along with several warehouses and parking lots are located on this site. The applicant has recently obtained a Mobile Vendor Six Month Permit approved administratively by City Planning staff on June 11, 2015 and has also submitted an application for a Mobile Vendor Annual Permit to stay in the same location for one year.- DISCUSSION: Request.The applicant requests a Mobile Vendor Annual Permit for location on private property. The business (a food vendor) will be permitted to operate from June 11, 2015 through June 11, 2016 if this permit is approved. The applicant may then apply for a Six Month Permit or another Annual Permit year. RECOMMENDATION: Staff recommends approval of ADM 15-5110, finding that the business meets the minimum requirements and intent of Chapter 178.04, which states: The purpose [of the ordinance] is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition. Conditions of Approval: 1. The permit shall be valid for 365 days and allow this business to remain in the proposed location until June 11, 2016. Mailing Address: Planning Commission 113 W. Mountain Street www.faefAlOsygov, Fayetteville, AR 72701 genda Item 2 15-5110 Container Kitchen Page 1 of 11 2. In accordance with Federal ADA law and City Code (UDC Section 178.04.D.8),the shipping container for this vendor does not meet ADA compliance, therefore the general public are not permitted to access in the interior of the shipping container. PLANNING COMMISSION ACTION: Required Date: June 22, 2015 O Approved O Forwarded O Denied Motion: Second: Vote: Notes: FINDINGS OF THE STAFF 178.04 Outdoor Mobile Vendors Located On Private Property (A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition. (C) Mobile Vendor Annual Permit- Mobile vendors are allowed to locate for one year in the same location with approval of the Planning Commission as an administrative item. After the one year period has expired the mobile vendor may move to another location or may request a one year renewal from the Planning Commission. (1) An annual mobile vendor permit may be issued by the Planning Commission after making the following determinations: (a) All of the requirements of 178.04(D) have been met. (See attached UDC section) Finding: The applicant has complied with all requirements of 178.04(D). (b) The applicant has established that the operation of the mobile vendor will foster an aesthetically appealing streetscape and will not create a dangerous traffic condition. Finding: The proposed metal shipping container will be consistent with the surrounding metal warehouses on property zoned 1-1, Heavy Commercial and Light Industrial. In staffs opinion, this business can operate without creating a dangerous traffic condition. The proposed vendor will be located interior to the site with access off of existing commercial driveways from Birch Avenue and Poplar Avenue which are both improved, two-lane local streets with limited traffic. Planning Commission GAETC\Development Services Review\2015\Development Review 5-5110 ADM 1946 N.Birch Ave June 22,2015 Agenda Item 2 (The Container Kitchen-1 yr outdoor vendor)\03 Planning Commission\06-22-2015\Comments and Redlines 15-5110 Container Kitchen Page 2 of 11 (c) The mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. Finding: The business does not match or duplicate offerings of adjacent permanent businesses. Planning Commission ment Services Reviewt20151Develo ment Review\15-5110 ADM 1946 N.Birch Ave June 22,2015 G:\ETC\Development P Agenda Item 2 (The Container Kitchen-1 yr outdoor vendor)\03 Planning CommissionV06-22-20151Commenls and Redlines 15-5110 Container Kitchen Page 3 of 11 UDC Chapter 178.04: Outdoor Mobile Vendors Located On Private Property (A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition. (B) Mobile Vendor Six Month Permit. Mobile vendors are allowed to operate on a temporary basis for a maximum of six months in one location during a calendar year with administrative approval of the Planning Division. Mobile vendors utilizing a six month permit may request to relocate to a different site at least one quarter mile (1,320 feet) from the original location after this—six month period has expired. However, a new mobile vendor application shall be reviewed and approved by the Planning Division for every new location. This permit will expire six months from the date issued and the mobile vending unit shall be removed from the property. The mobile vendor owner also has the option of requesting an annual permit from the Planning Commission at or before the end of their initial six month permit time period. (1) A six month permit for a mobile vendor business shall be approved and issued administratively by the Planning Division after making the following determinations: (a) All of the requirements of 178.04(D) have been met. (b) The applicant has established that the operation of the mobile vendor will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (c) The mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. (C) Mobile Vendor Annual Permit. Mobile vendors are allowed to locate for one year in the same location with approval of the Planning Commission as an administrative item. After the one year period has expired the mobile vendor may move to another location or may request a one year renewal from the Planning Commission. (1) An annual mobile vendor permit may be issued by the Planning Commission after making the following determinations: (a) All of the requirements of 178.04(D) have been met. (b) The applicant has established that the operation of the mobile vendor will foster an aesthetically appealing streetscape and will not create a dangerous traffic condition. (c) The mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. Planning Commission G:\ETC\Development services Review\2015\Development Review115-5110 ADM 1946 N.Birch Ave June 22,2015 (The Container Kitchen-1 yr outdoor vendor)\03 Planning Commission\06-22-2015\Comments and Redlines Agenda Item 2 15-5110 Container Kitchen Page 4 of 11 (D) Mobile Vendor Permit Requirements. All mobile vendors located on private property with Six Month or Annual Mobile Vendor Permits shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business on private property shall be accompanied by a$100 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. (2) Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division: (a) Name, address, contact information and signature of both the property owner and the mobile vendor requesting to locate on private property. (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) A detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed dining or sitting areas. (e) Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business. (6) The proposed use must be a permitted use-by-right within the underlying zoning district. (7) Mobile vendors shall maintain compliance with parking lot requirements for the existing business and the proposed mobile vendor business. The number of required parking spaces is determined by the use and size of the proposed mobile vendor business and by the use and size of the existing business. The use of parking for a mobile vendor may not reduce the number of spaces below the minimum required for other uses occurring on the property. The location of the mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (S) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit. Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5110 ADM 1946 N. Birch Ave June 22,2015 (The Container Kitchen-1 yr outdoor vendor)\03 Planning Commission\06-22-2015\Comments and Redlines Agenda Item 2 15-5110 Container Kitchen Page 5 of 11 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Chapter 178.04 • Request letter • Menu • Vendor photograph • Site Plan • One Mile Map • Close Up Map Planning Commission WETC\Development Services Review\2015\Development Review\15-5110 ADM 1946 N.Birch Ave June 22,2015 Agenda Item 2 (The Container Kitchen-1 yr outdoor vendor)\03 Planning Commisslon\06-22-2015\Comments and Redlines 15-5110 Container Kitchen Page 6 of 11 "The Board" Business Description "The Board"will be a mobile vending kitchen providing American Style Tapas at 1946 N. Birch Ave.This address is also home to Fossil Cove Brewing Co.and will act as the main source of customer traffic.Fossil Cove has an established tasting room with ample seating,table space, restrooms,parking, and utilities."The Board" will act as a separate kitchen and business providing food to the customers of Fossil Cove as well as drive-up customers."The Board" will be a kitchen only with"order"and "pick-up" windows for service.Customers will place their order and be provided a hand-held vibrating device that will alert the customer when their order is finished and ready for pick-up.No seperate seating will be provided by'The Board"at this time. "The Board"will be housed in a 20 ft.long standard shipping container.The container will be retrofitted to include a glass store front,windows for natural light,and side entrance for employees.The inside of the structure will be updated to create a fully functional kitchen with ample room for prep and storage space as well as operating/cooking space.The container itself is mobile and can be moved as easily as a trailer by means of a flat bed truck and winch.This process is the same for delivery of an empty container from the supplier to the site. This style of mobile restaurant has been successfully utilized in other parts of the country.The use of surplus shipping containers in innovative ways is a growing trend across the country. We believe this will a great addition to the Fayetteville mobile vending scene. For an example of a currently operating container kitchen please fallow this link. http://containerrestaurant.com/ Thank you very much for your consideration and time. Benjamin M' , Co-owner Mitchell Owen,Co-owner Planning Commission June 22,2015 Agenda Item 2 15-5110 Container Kitchen Page 7 of 11 The Container Kitchen Menu Beef Brat 100%Beef Brat with Spicy Stone Ground Mustard, Bavarian Sweet Mustard,and House Yellow Mustard. Served With Sauerkraut Scandinavian Slider 100%Pure Beef,Sliced Beet,Juniper Mayo,Tomato Classic Slider 100%Pure Beef, Mayonnaise, Lettuce,Tomato Cheesy Polente Fries Pan Fried Polenta Served With Garlic Lemon Noll Pretzel Sticks Fresh Baked Pretzels Topped With Salt Served With Spicy House Mustard Planning Commission June 22,2015 Agenda Item 2 15-5110 Container Kitchen Page 8 of 11 -ice-•• . :.. ._. . a y AFI r II i M1v I `M r 1 1 s Planning Commission June 22,2015 Agenda Item 2 15-5110 Container Kitchen Page 9 of 11 [I A .519 y .F ._. .`4 397 ! I 397 v ^r, 7945 r .. r •�. ' `� - 1925 397 397 K 397 y' 1918 1 iB2q� 397 w -40 r -planning ommiss on June 22,2015 Agenda Item 2 15-5110 Container Kitchen Page 10 of 11 ADM15-5110 THE CONTAINER KITCHEN Close Up View �h INWA - 'All } i '-,� . �.' -• j PEAR ST w : l I :. 1SUBJECT PROPERTY -. 74� POPLAR ST i S a s U 0: 11 ASH ST IS Legend ASH ST - 'Shared-Use Paved Trail a Rte" !Neighborhood/Park Trail RSF-4 Natural Surface Trail LIU DM 15-5110 Fayetteville City Li its — Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di trict 0 75 150 300 450 Soo Planning Commission ------ Planning Area Feet June 22,2015 15-5110 Container Kitchen Page 11 of 11 CITY OF ayevi le PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: June 22, 2015 SUBJECT: CCP 15-5085: Concurrent Plat (5648 JESS ANDERSON RD./NOTTENKAMPER, 3581359): Submitted by JORGENSEN & ASSOCIATES for property located at 5648 JESS ANDERSON RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 16.74 acres. The request is to subdivide 2 existing lots into 4 single lots containing approximately 4.42, 4.07, 4.14, and 4.11 acres each. RECOMMENDATION: Staff recommends forwarding PPL 15-5085 with conditions of approval. BACKGROUND: This property is located north of Jess Anderson Road within the City of Fayetteville One Mile Planning Area. The property contains two lots in unincorporated Washington County and totaling 16.74 acres. The property has exceeded the allowed number of lot splits and must be processed as subdivision, in this case a Concurrent Plat as no infrastructure improvements are required. The surrounding zoning and land uses are depicted in Table 1. Table 1 -Surroun ing zoning and Land Use Direction Land Use Zoning from Site North Undeveloped/Agricultural Unincorporated Washington Count South Single-family/Agricultural Unincorporated Washington Count East Undeveloped/Agricultural Unincorporated Washington Count West Undeveloped/Agricultural Unincorporated Washington Count Proposal: The applicant proposes a residential subdivision containing 4 single family lots, each containing more than 4 acres. Water and Sewer System: The property is served by an 8" water line on the property frontage along Jess Anderson Road. Public Sewer service is not available to the lots. Adjacent Master Street Plan Streets: Jess Anderson road is a partially improved, paved 2 lane road and Master Street Plan designated 'Collector' street. Right-of-way to be dedicated: Existing right-of-way (ROW) for Jess Anderson Road is approximately 60' (35' from centerline); no dedication is required. The site is bisected by the Mailing Address: Planning Commission 113 W Mountain Street wwwfayet*' I92a? b� Fayetteville, AR 72701 Agenda IN 3 15-5085 ottenkamper Page 1 of 8 planned extension of 5411 Street (Collector Street). However, because of the limited number of new lots being created, ROW dedication is not warranted. Access and connectivity: The subdivision is accessed by Jess Anderson Road, a Master Street Plan 'Collector' street. Street Improvements: In recent years, the applicant has improved 1,320 feet of Jess Anderson Road from gravel to paved street with curb and gutter on one side, including approximately 800 feet of sidewalk on this county road. Staff does not recommend any additional improvements or ROW dedication given the small number of lots being created and substantial improvements previously completed by this applicant/owner. Tree Preservation: The property is outside of the Fayetteville city limit; tree preservation is not assessed. Parks:The property is outside of the Fayetteville city limit; Parks fees are not assessed. Public Comment: Staff has received no public comment. RECOMMENDATION: Staff recommends approval of CCP 15-5085 with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends no improvements be made at this time, due to the minimal impact of two additional lots and given the large amount of improvements that have been done to Jess Anderson Road by the applicant. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR. Standard conditions of approval: 2. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). Planning Commission Action: O Approved Q Forwarded O Denied Meeting Date: June 22, 2015 Motion: Second: Vote: Planning Commission G:\ETC\Development Services Review\2015\Development Review115-5085 CCP 5648 Jess June 22,2015 Anderson Rd.(Nottenkamper)\03 Planning Commission\06-22-2015\Comments and Redlines Agenda Item 3 15-5085 Nottenkamper Page 2 of 8