HomeMy WebLinkAbout2015-08-24 - Agendas - Final CITY OF
a e evl jq AGENDA
Y ARKANS
Final Agenda
Planning Commission Meeting
August 24, 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 August 10, 2015 meeting.
2. ADM 15-5180: Administrative Item (566 N. SALEM RD./THE VILLAS AT FOREST HILLS,
440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 566 N.
SALEM RD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 24.43 acres. The request is for an extension to the original PPL 10-3629
to start construction. Planner: Jesse Fulcher
3. ADM 15-5158: Administrative Item (693 W. NORTH ST./NATURAL STATE SANDWICHES,
444): Submitted by AMBER CAFOUREK for property located at 693 W. NORTH ST.The property
is zoned CS, COMMUNITY SERVICES and contains approximately 0.89 acres. The request is
for a one year mobile vendor permit. Planner: Jesse Fulcher
4. ADM 15-5160: Administrative Item (2903 E. ZION RD./THE SOUP SHACK, 138): Submitted
by CARIN EVANS for property located at 2903 E. ZION RD. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 1.17 acres. The request is for a
one year mobile vendor permit. Planner: Andrew Garner
S. ADM 15-5163: Administrative Item (542 W. DICKSON ST./YANCEY'S DICKSON STREET
DOGS, 484): Submitted by CODY YANCEY for property located at 2903 E. ZION RD. The
property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.57 acres. The
request is for a one year mobile vendor permit. Planner: Jesse Fulcher
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
Old Business
6. ADM 15-5124: Administrative Item (UDC Chapter 166/COMMERCIAL DESIGN
STANDARDS): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 166 for a
minor clarification to the commercial design standards. Planner: Andrew Garner
New Business
7. CCP 15-5142: Concurrent Plat (2300 MARK MILLS LN./SUMMIT PLACE SD, 329):
Submitted by BLEW & ASSOCIATES, INC. for properties located at 2300 MARK MILLS LN. The
properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.82
acres. The request is to re-plat 21 existing lots into 16 lots. Planner: Andrew Garner
8. LSD 15-5068: Large Scale Development (820 W. MAPLE ST./KAPPA ALPHA HOUSE,
444): Submitted by BATES & ASSOCIATES, INC. for property located at 820 W. MAPLE ST.
The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, and
contains approximately 0.33 acres. The request is for construction of an approximately 16,000
square foot fraternity house with associated parking. Planner: Andrew Garner
9. CUP 15-5159: Conditional Use (1225 S. SCHOOL AVE./SOTO GARAGE, 562): Submitted
by GUSTAVO SOTO for property located at 1225 S. SCHOOL AVE. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 0.40 acres. The request is for tire sales
(Use Unit 17-Transportation Trades and Services) in a DG zoned lot.
Planner: Jesse Fulcher
10. RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT, 558): Submitted by
THE INFILL GROUP for properties located at 2975 OLD FARMINGTON RD. The properties are
zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately
1.27 acres. The request is to rezone the properties to RSF-8, RESIDENTIAL SINGLE FAMILY, 8
UNITS PER ACRE. Planner: Jesse Fulcher
11. RZN 15-5148: Rezone (402 E. 71" ST./NIEDERMAN, 524): Submitted by ZARA
NIEDERMAN for property located at 402 E. 71"ST. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property
to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. Planner: Quin Thompson
The following items have been approved administratively by staff:
LSP 15-5131: Lot Split (237 S. LOCUST AVE./GRAY, 523): Submitted by BLEW &
ASSOCIATES, INC. for property located at 237 S. LOCUST AVE. The property is zoned
DG, DOWNTOWN GENERAL and contains approximately 0.21 acres. The request is to
split the property into 2 lots containing approximately 0.12 and 0.09 acres each.
Planner: Quin Thompson
Announcements
2
Adjourn
NOTICE TO MEMBERS OF THE AUDIENCE:
All interested parties may appear and be heard at the public hearings. If you wish to address the Planning
Commission on an agenda item please queue behind the podium when the Chair asks for public comment.
Once the Chairrecognizes you, go to the podium and give yourname and address.Address your comments
to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed
official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the
agenda item being considered so that everyone has a chance to speak.
Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour
notice is required. For further information or to request an interpreter, please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda and other pertinent data are open and available for inspection
in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested
parties are invited to review the petitions.
3
CITY OF
Taye ARKeAN SAS le MINUTES
AN
Planning Commission
August 10, 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: Sarah Bunch, Thomas Brown, Janet Selby, Tracy Hoskins, Matthew
Hoffman, and Kyle Cook
Absent: Ron Autry and Ryan Noble
Staff: Jesse Fulcher, Quin Thompson, and Kit Williams
3. Consent Agenda:
Approval of the minutes from the July 27, 2015 meeting.
VAC 15-5127: Vacation (19 N. PALMER AVE./BAKER, 482): Submitted by ALLEN
BAKER for property located at 19 N. PALMER AVE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.35
acres. The request is to vacate a portion of a sewer easement.
ADM 15-5152: Administrative Item (731 S. RAZORBACK RD./MOOLICIOUS
ESPRESSO, 560): Submitted by CODY BAILEY for property located at 731 S.
RAZORBACK RD. The property is zoned UT, URBAN THOROUGHFARE and contains
approximately 0.94 acres. The request is for a one year mobile vendor permit.
ADM 15-5153: Administrative Item (TIMBER TRAILS SUBDIVISION PZD AMENDMENT,
526): Submitted by ERSTINE HOLDING CO. for properties located in the TIMBER TRAILS
SUBDIVISION. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING
DISTRICT TIMBER TRAILS (R-PZD 04-1154)and contain approximately 25.87 acres. The
request is an amendment to the PZD to modify the zoning of Lots 70 through 77, 98, & 99
to allow for single family residential development.
ADM 15-5151: Administrative Item (4170 W. MILK BLVD./HELLO COCOA, 595):
Submitted by ABBY STEWART for property located at 4170 W. MLK BLVD. The property is
zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is
for an amendment to the original CUP 14-4812 to allow for retail sales.
Mailing Address: Planning Commission
113 W. Mountain Street www.fayetWIFArQ6v
Fayetteville,AR 72701 Agenda Item 1
8-10-2015 Minutes
Page 1 of 8
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 6-0-1.
Commissioner Hoskins recused.
Planning Commission
April 28,2012
Agenda Item 1
8-10-2015 Minutes
Page 2 of 8
4. Old Business:
ADM 15-5140: Administrative Item (1549 E. JOYCE BLVD./BANK OF THE OZARKS,
175): Submitted by POLK, STANLEY, WILCOX ARCHITECTS, INC. for property located at
1549 E. JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and
contains approximately 0.96 acres. The request is for a variance of the commercial design
standards.
Quin Thompson, Current Planner, gave the staff report.
No public comment was presented.
Craig Curzon, Applicant, said that his office had made revisions to the plan and west
elevation based on comments received from commissioners at the previous meeting, in
order to better address the building to the Vantage Drive frontage.
William Chesser, Commissioner, said that code requiring a primary entry on all facades
facing a public street needs to be either enforced or amended.
Kit Williams, City Attorney, said that staff was reviewing the code with the intention of
proposing an amendment.
Matthew Hoffman, Commissioner, said that Polk,Stanley, and Wilcox had done an
admirable job to address the code, which he said lacked clarity.
Janet Selby, Commissioner, said she agreed with Hoffman that the applicant had done an
excellent job of improving the building, and that she was gald to hear that the code was
being revised.
Motion:
Commissioner Cook made a motion to approve ADM 15-5140. Commissioner Chesser
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
April 28,20th
Agenda Item 1
8-10-2015 Minutes
Page 3 of 8
New Business:
VAR 15-5146: Variance (350 N. CANVAS RD./HANNAH, 491): Submitted by BATES &
ASSOCIATES, INC. for property located at 350 N. CANVAS RD. The property is in the
FAYETTEVILLE PLANNING AREA and contains approximately 4.00 acres. The request is
for a variance of the lot width requirements to allow a lot split.
Jesse Fulcher, Senior Planner, read the staff report.
Justin Reid, applicant, stated that the owner wants to split the property and build a house
on each lot. The County is okay with just having an access easement.
Public comment:
Leslie Alderman, neighbor, stated that the request is not compatible with the neighborhood.
Lots to the north are 3-4 acres. We purchased our property with an expectation that the
subject property would be developed as 4 acres.
No more public comment was presented.
Commissioner Brown asked if they could dedicate right-of-way.
Fulcher stated they could ask the County to dedicate right-of-way, but the County would
have to accept the dedication as well.
Commissioner Hoskins asked how much total frontage they had.
Fulcher stated 120 feet and they need 75 feet for each lot.
Commissioner Hoskins stated that Lots 8-12 are similar in size.
Fulcher stated that the lots to the west are comparable in size, but the lots to the north were
much larger.
Commissioner Hoskins stated that the lots would be compatible if you looked at the
average size of lot across the entire subdivision. I don't think it will hurt property values.
Commissioner Chesser stated that he agreed with Commissioner Hoskins' points. I tend
to not like tandem lots situations, but this is likely the best option to split the property.
Commissioner Brown asked the applicant why they hadn't approached the County about
dedicating right-of-way.
Reid stated that they were presenting what the owner requested.
Commissioner Hoffman asked staff if they knew why the lots on top were larger.
Fulcher stated that he wasn't sure why there was such a variety of lot sizes.
Hoffman stated that he didn't see an issue with larger lot next to smaller lots.
Planning Commission
April 28,2014
Agenda Item 1
8-10-2015 Minutes
Page 4 of 8
Commissioner Brown asked what the lot size would be if the property were annexed.
Fulcher stated that R-A is the zoning designation for newly annexed property and that 2
acres was the minimum requirement.
Commissioner Cook asked if the asphalt driveway was in an easement.
Fulcher stated that the entire driveway is within a 30-foot easement that was dedicated with
the subdivision plat.
Motion:
Commissioner Cook made a motion to approve VAR 15-5146. Commissioner Hoskins
seconded the motion. Upon roll call the motion passed with a vote of 6-1-0.
Commissioner Brown voted 'no'.
Planning Commission
April 28,2019
Agenda Item 1
8-10-2015 Minutes
Page 5 of 8
VAR 15-5155: Variance (1606 N. LEVERETT AVE./HARRIS, 405): Submitted by BATES
& ASSOCIATES, INC. for property located at 1606 N. LEVERETT AVE. The property is
zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains
approximately 0.49 acres.The request is for a variance of the driveway radius requirements.
Jesse Fulcher, Senior Planner, read the staff report.
No public comment was presented.
Evan Niehaus, applicant, stated that the driveway will match the current location, but it will
be moved a little further from the neighbor's property line.
Commissioner Chesser asked if the applicant understood that the request was only for the
variance and that staff had not completed a development review.
Niehaus stated that he understood.
Hoffman stated that it's important to slow vehicles down in an area with so much pedestrian
traffic.
Motion:
Commissioner Cook made a motion to approve VAR15-5155. Commissioner Hoskins
seconded the motion. Upon roll call the motion passed with a vote of 6-0-1.
Commissioner Bunch recused.
Planning Commission
April 28,201(4
Agenda Item 1
8-10-2015 Minutes
Page 6 of 8
LSD 15-5097: Large Scale Development(NORTH OF 1967 W.TRUCKERS DR./GRAND
RETIREMENT COMMUNITY, 208): Submitted by ENGINEERING SERVICES, INC. for
property located NORTH OF 1967 W.TRUCKERS DR. The property is zoned RMF-12,
RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and contains approximately 20.54
acres. The request is for construction of a retirement community consisting of a main
building with 109 units, 55 single family cottages, and a clubhouse with associated parking.
APPLICANT HAS REQUESTED ITEM 9 (LSD 15-5097) BE TABLED TO THE AUGUST
24 MEETING.
Motion:
Commissioner Chesser made a motion to table LSD15-5097. Commissioner Cook
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
April 28,201A
Agenda Item 1
8-10-2015 Minutes
Page 7 of 8
RZN 15-5130: Rezone (1285 E. MILLSAP RD./CHRISTIAN LIFE CATHEDRAL, 213):
Submitted by MCCLELLAND ENGINEERS, INC. for property located at 1285 E. MILLSAP
RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
and contains approximately 15.06 acres. The request is to rezone the property to P-1,
INSTITUTIONAL.
Quin Thompson, Current Planner, gave the staff report.
Motion:
Commissioner Chesser made a motion to forward RZN 15-5130. Commissioner Brown
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
5. Reports: No reports
6. Announcements:
7. Adjournment Time: 6:20 PM
8. Submitted by: City Planning Division
Planning Commission
April 28,2019
Agenda Item 1
8-10-2015 Minutes
Page 8 of 8
CITY OF
ayevi le PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Senior Planner
THRU: Andrew Garner, City Planning Director
MEETING DATE: August 24, 2015
SUBJECT: ADM 15-5180:Administrative Item(566 N.SALEM RD./THE VILLAS AT
FOREST HILLS,440): Submitted by MORRISON-SHIPLEY ENGINEERS,
INC. for property located at 566 N. SALEM RD. The property is zoned R-
PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains
approximately 24.43 acres. The request is for an extension to the original
PPL 10-3629 to start construction.
RECOMMENDATION:
Staff recommends approval of ADM 15-5180 with recommendations of approval.
BACKGROUND:
The Forest Hills Planned Zoning District (PZD) was approved in 2008 and contains 5 unique
planning areas. The Villas is a single-family planning area approved on approximately 18 acres
just south of the Neighborhood Market.
The Preliminary Plat for the Villas was approved by the Planning Commission on September 28,
2010. Within the one-year period after Planning Commission approval, the applicant requested
and received a one-year extension to obtain all permits to start construction. This allowed the
applicant until September 28, 2012 to receive construction permits. The applicant received final
construction plan approval on September 26, 2012.
The applicant has completed off-site sewer upgrades and extensions that were necessary to
serve this development, and expanded detention facilities have been completed as well.
Surrounding land use and zoning are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Commercial Forest Hills PZD
South Residential Forest Hills PZD
East Undeveloped Forest Hills PZD
West Bos and Girls Club P-1
anning commission
Mailing Address: August 24 2015
113 W. Mountain Street www. 4gjg(g-0cg0v
Fayetteville, AR 72701 15-5180 Villas at Forest Hills
Page 1 of 6
DISCUSSION:
Request: In accordance with Chapter 166.20(C), all infrastructure improvements required by the
Preliminary Plat must be completed within three (3) years from the date of approval, which is
September 28, 2015. The project has not been completed and the applicant is requesting two (2)
additional years to complete the preliminary plat. The applicant has the burden to show good
cause why the project could not reasonably be completed within the original three year time frame.
The applicant explains in the request letter that they've been working on off-site sewer line
improvements that are needed to serve their development. In addition, the financial recession
severely restricted land development loans until recently. Finally, the owner has had difficulty
locating a contractor for this project. For these reasons the applicant is requesting a two-year
extension.
RECOMMENDATION:
Staff recommends approval of ADM 15-5180 with the following conditions:
Conditions of Approval:
1. All other conditions and requirements of the Forest Hills Planned Zoning District and
approved preliminary plat for The Villas (11-3819) shall remain in force.
2. A Final Plat application must be submitted to the Planning Division and a final inspection
must be scheduled prior to September 28, 2017. Failure to meet the final deadline will result
in all permits and plans being rendered null and void.
PLANNING COMMISSION ACTION: Required
Date: Auuust 24, 2015 O Approved O Forwarded O Denied
Motion: Second: Vote:
Notes:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Request letter
• Site Plan
• One Mile Map
• Close Up Map
Planning Commission
August 24,2015
WETC\Development Services Review\2015\Development Review\15-5180 ADM(The Villas at Forest Hills Extension) Agenda Item 2
\03 Planning Commission\08-24-2015\Comments and Redlines 15-5180 Villas at Forest Hills
Page 2 of 6
FOREST HILLS PARTNERS, L.L.C.
6301 Cliff Drive,P.O.Box 10210
Phone:(479)494-5682 Fort Smith,Arkansas 72903 Fax:(479)783-1766
August 4,2015
The City of Fayetteville
Planning Commission
113 W Mountain Street
Fayetteville, AR 72701
Re: The Villas@Forest Hills, Salem Road, Fayetteville, AR(the"Project')
Dear Planning Commission:
As a partner in Forest I-lilts Partners,LLC,I am writing to confirm the reason the Project has
been delayed after approval ofthe Project and requesting a two (2) year extension to complete the
Project.
First,there were some issues waiting on the extension/upgrading of sewer along Persimmon
and Rupple Rd that was required to be able to accept the flow from the subject development,
Second,this project was approved in 2010 and while the recession began in late 2008 and
2009, many banks cut off all development loans until their capital positions could be approved by
the Federal Reserve/Comptrollerofthe Currency.The banks were not in a position to follow through
on commitments and banks not already holding a mortgage position were not willing to considernew
"land loans". Only in the past year have development loans begun to be approved again.
Finally,we have been working to find a contractor capable of proceeding with the
development,as many filed bankruptcy subsequent to 2010 or scaled back and they were not capable
or willing to take the risk for a project this size.
For these reasons we request an extension of two (2) years from September 26, 2015 to
complete the Project. Thank you for your cooperation.
Sincerely,
Forest 'IIs Partners, LLC
13 '
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Planning Commission
August 24,2015
Agenda Item 2
15-5180 Villas at Forest Hills
Page 3 of 6
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15-5180 Villas at Forest Hills
Page 6 of 6
CITY OF
ayryle PLANNING COMMISSION MEMO
AS
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
THRU: Jesse Fulcher, Senior Planner
MEETING DATE: August 24, 2015
SUBJECT: ADM 15-5158: Administrative Item (693 W. NORTH ST./NATURAL
STATE SANDWICHES, 444): Submitted by AMBER CAFOUREK for
property located at 693 W. NORTH ST. The property is zoned CS,
COMMUNITY SERVICES and contains approximately 0.89 acres. The
request is for a one year mobile vendor permit.
RECOMMENDATION:
Staff recommends approval of ADM 15-5158 with conditions.
BACKGROUND:
The subject property is located at 693 W. North Street, east of the trail and behind Columbus
House Brewery. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Industrial 1-1, Heavy Commercial/Light Industrial
South Undeveloped RMF-24
West Commercial UT, Urban Thoroughfare
East Rail Road/Multi-family Rail Road ROW/RMF-24
The applicant, Natural State Sandwiches obtained an outdoor mobile vending permit to operate
as a mobile vendor on private property on August 20, 2015. The permit is valid for six months and
will expire on February 20, 2016.
DISCUSSION:
Request:The applicant requests a Mobile Vendor Annual Permit to operate their sandwich trailer
on the subject property for a year. The applicant has submitted a site plan, menu, and photo of
their trailer for review.
RECOMMENDATION:
Staff recommends approval of ADM 15-5158, finding that the business meets the minimum
requirements and intent of Chapter 178.04, which states: The purpose 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.
Mailing Address: August 24,2015
113 W. Mountain Street pppfa3if@Awille-ar.gov
Fayetteville, AR 72701 15-5158 Natural State Sandwiches
Page 1 of 10
Conditions of Approval:
1. The permit shall be valid for 365 days from the date of approval of the Mobile Vendor Six
Month Permit, to allow this business to remain in its current location until August 1, 2016.
2. In accordance with Federal ADA law and City Code (UDC Section 178.04.D.8), the trailer
for this vendor does not meet ADA compliance, therefore the general public are not
permitted to access/dine in the interior of the trailer.
Plannina Commission Action:, 0 Approved O:forwarded 0 Denied
--
Meeting Date- August 24, 2
Motion: f :�
Second 1(
T
Vote- µ
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 vendor will not result in negative aesthetic impacts to the
streetscape in staff's opinion. Access into this site from the existing driveway
on North Street will continue as it has for several years.
Planning Commission
August 24,2015
WETC\Development Services Review\2015\Development Review\15-5158 ADM 693 North St(Natural Agenda Item 3
State Sandwiches-1 Yr Mobile)\03 Planning Commission108-24-21315\Comments and Redlines 15-5158 Natural State Sandwiches
Page 2 of 10
(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. The immediately adjacent properties on the same side of the street
include a brewery and vintage retail store.
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Chapter 178.04
• Request letter
• Site Plan
• Trailer photograph
• Maps
Planning Commission
August 24,2015
G:\ETC\Development Services Review\2015\Development Review\15-5158 ADM 693 North St(Natural Agenda Item 3
State Sandwiches-1 Yr Mobile)\03 Planning Commission\08-24-2015\Comments and Redlines 15-5158 Natural State Sandwiches
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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
August 24,2015
G:\ETC\Development Services Review\2015\Development Review\15-5158 ADM 693 North St(Natural Agenda Item 3
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(D) Mobile Vendor Permit Requirements. All mobile vendors located on private property with Six
Month or Annual Mobile Vendor Permits shall meet the following requirements and submittals
prior to approval:
(1) Each application for a permit to conduct a mobile vendor business on private property
shall be accompanied by a $100 permit review and processing fee. Mobile vendor permits
shall be issued to the owner of the mobile vendor vehicle.
(2) Application for a permit to conduct a mobile vendor business shall include the following
items in a format acceptable to the Planning Division:
(a) Name, address, contact information and signature of both the property owner and the
mobile vendor requesting to locate on private property.
(b) A valid copy of all necessary permits required by State and County health authorities
which shall be conspicuously displayed at all times during the operation of the
business.
(c) Proof of application for remittance of HMR tax to the City of Fayetteville, when
applicable.
(d) A detailed site plan roughly drawn to scale showing the location of the property lines,
each mobile vendor location, building setback lines, vehicle parking spaces, the
sidewalk location and any proposed dining or sitting areas.
(e) Written authorization, signed by the property owner or legal representative of record,
stating that the mobile vendor is permitted to operate on the subject property for a
specified period of time.
(3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all
applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash
receptacles.
(4) The mobile vendor permit issued shall not be transferable in any manner.
(5) The mobile vendor permit issued shall be conspicuously displayed at all times during the
operation of the mobile vending business.
(6) The proposed use must be a permitted use-by-right within the underlying zoning district.
(7) Mobile vendors shall maintain compliance with parking lot requirements for the existing
business and the proposed mobile vendor business. The number of required parking
spaces is determined by the use and size of the proposed mobile vendor business and by
the use and size of the existing business. The use of parking for a mobile vendor may not
reduce the number of spaces below the minimum required for other uses occurring on the
property. The location of the mobile vendor shall not impede traffic flow or create a
dangerous traffic condition, as determined by Planning Division upon review of the site
plan.
(8) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA)
requirements if the public has access to the interior of any mobile vending unit.
Planning Commission
August 24,2015
G:\ETC\Development Services Review\2015\Development Review\15-5158 ADM 693 North St(Natural Agenda Item 3
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To Whom it May Concern,
Natural State Sandwiches is a mobile food vendor moving from the Yacht Club on
College(617 N College Ave),where we have resided since 7/1/2014;to 693 W.
North St Fayetteville,AR 72701. We have a new 1982 13'Grumann Kurbmaster,
that has a full professional kitchen within. We specialize in farm to table style
sandwiches,in an all-in-one style. We try to focus on sourcing local,organic
ingredients and products.We have a rotating menu that includes sandwiches,
salads,soups,snacks and sweets. In the last year,we have been honored with
gracing several top 10 lists(both sandwiches and food truck categories),and
Runner up for the Best Food Truck in Arkansas (Arkansas Times,Reader's Choice).
We love feeding Fayetteville!
Planning Commission
August 24,2015
Agenda Item 3
15-5158 Natural State Sandwiches
Page 6 of 10
TRUCK: 1982 Grumann Kurbmaster(green and cream two tone). We have a full
professional kitchen within,including multiple refrigerators,propane stove and
griddle,two fryers,ect,..
POWER: for us to run at full capacity,we require 220 power.We can run limited on
110 (we cannot run our fryers)
*We were the Arkansas Times Reader's Choice Best Food Truck in Arkansas runner-
up
*We have made multiple top 10 lists for Best Food Truck or Sandwich Shop (Give us
a Google!)
*We have all positive reviews on all online sources
Planning Commission
August 24,2015
Agenda Item 3
15-5158 Natural State Sandwiches
Page 7 of 10
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15-5158 Natural State Sandwiches
Page 10 of 10
CITY OF
Fayri le PLANNING COMMISSION MEMO
AS
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: August 24, 2015
SUBJECT: ADM 15-5160: Administrative Item (2903 E. ZION RD./THE SOUP
SHACK, 138): Submitted by CARIN EVANS for property located at 2903
E. ZION RD. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 1.17 acres. The request is for
a one year mobile vendor permit.
RECOMMENDATION:
Staff recommends approval of ADM 15-5160 with conditions.
BACKGROUND:
The subject property is located at the southwest corner of Zion Road/Crossover Road (2903 E.
Zion Road) and contains approximately 1.17 acres within the C-1 zoning district. Surrounding land
use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zonin
Direction from Site Land Use Zoning
North Fayetteville Athletic Club C-1, Neighborhood Commercial
South Vista Health Hospital P-1, Institutional
West La Hacienda Restaurant C-1, Neighborhood Commercial
East Rural residential R-A, Residential Agricultural
The applicant, Soup Shack, LLC obtained a Mobile Vendor Six Month Permit to operate a food
trailer on the subject property on August 3, 2015. The permit is valid for six months and will expire
on February 3, 2016.
DISCUSSION:
Request: The applicant requests a Mobile Vendor Annual Permit to operate their food trailer on
the subject property for a year. The applicant has submitted a site plan, menu, and photo of their
trailer for review.
RECOMMENDATION:
Staff recommends approval of ADM 15-5160, finding that the business meets the minimum
requirements and intent of Chapter 178.04, which states: The purpose 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.
Mailing Address: Planning Commission
113 W. Mountain Street www.fayettA sf rt 2v15
Fayetteville, AR 72701 15-5160 ort
Shack
Page 1 of 13
Conditions of Approval:
1. The permit shall be valid for 365 days from the date of approval of the Mobile Vendor Six
Month Permit, to allow this business to remain in its current location until August 3, 2016.
2. In accordance with Federal ADA law and City Code (UDC Section 178.04.D.8), the trailer
for this vendor does not meet ADA compliance, therefore the general public are not
permitted to access/dine in the interior of the trailer.
Planning Commission Action: ❑ Approved 7 Foirwarded O Denied
Meeting Date: August 24, 2015
Motion:
Second: -
Vote
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 vendor will not result in negative aesthetic impacts to the
streetscape in staffs opinion. The subject property is a commercial shopping
center with a large parking lot and shared parking and cross access. Access into
Planning Commission
15
GAETC1Develo ment Services Review\2015\Development Review\15-5160 ADM 2903 Zion Rd.(Soup Shack 1 Yr Mobile August Item
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this site from the existing driveways on Zion Road and Crossover Road will
continue as it has for many years without any anticipated traffic problems.
(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 (a food trailer selling soup) does not match or duplicate offerings
of adjacent permanent businesses. The immediately adjacent properties on the
same side of the street include a gas station to the east and a Mexican restaurant
to the west.
Planning Commission
August 24,2015
G1ETC\Development Services Review\2015\Development Review\15-5160 ADM 2903 Zion Rd.(Soup Shack 1 Yr Mobile Agenda Item 4
Vendor)\03 Planning Commission\08-24-2015\Comments and Redlines 15-5160 Soup Shack
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