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Home My WebLink About2013-09-23 - 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 September 23, 2013 A meeting of the Fayetteville Planning Commission will be held on September 23,2013 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas. Call to Order Roll Call Consent. 1. Approval of the minutes from the September 9, 2013 meeting. 2. ADM 13-4488: Administrative Item (DICKSON ST. & WEST AVE./WATERS, 484): Submitted by JON WATERS for property located SOUTHEAST CORNER OF DICKSON STREET AND WEST AVENUE. The property is zoned MSC, MAIN STREET CENTER and is on the public sidewalk. The request is a variance for a sidewalk vendor cart that is five inches wider than permitted. Planner: Andrew Garner 3. VAC 13-4478: Vacation (TWIN CREEKS VILLAGE LOT 19114, 211): Submitted by MCCLELLAND CONSULTING for property located at 163 VAN ASCHE LOOP. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.18 acres. The request is to vacate a portion of a drainage easement on property. Planner: Quin Thompson 4. ADM 13-4487 (LINKS AT FAYETTEVILLE PZD MODIFICATION #3). Submitted by Jorgensen and Associates, Inc. for property located on the north side of Wedington drive and east of Rupple Road. The property is zoned R-PZD 07-2452 and contains approximately 152.23 acres. The request is to modify the zoning criteria for Planning Area 1 to allow a drive-thru restaurant at the northeast corner of Wedington Drive and Golf Club Drive and to modify the architectural design requirements. Planner: Andrew Garner 5. CCP 13-4484: Concurrent Plat (OAKBROOKE III REPLAT, 361): Submitted by BATES AND ASSOCIATES for property located at OAKBROOKE RPZD. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 2.16 acres. The request is to replat 10 existing lots into 17 single-family lots. Planner: Jesse Fulcher 6. ADM 13-4506: Administrative Item (124 W. SOUTH ST./BAILEY, 523): Submitted by LISA SKILES for property located at 124 WEST SOUTH STREET. The property is zoned DG, DOWNTOWN GENERAL and contains a total of 0.05 acre. The request is a variance of the Downtown Design Overlay District requirements to permit a privacy fence for a new single family residence. Old Business: 7. CUP 13-4456: Conditional Use Permit (ADVENTURE SUBARU/2269 HENBEST RD, 324): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 HENBEST RD. The property contains approximately 4.55 acres. The request is for Conditional Use for an off-site parking lot/vehicle display area in the Community Services zoning district. Planner: Jesse Fulcher 8. CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD., 522): Submitted by JOHN DAVIDSON for property located at 1001 W MARTIN LUTHER KING BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 4.67 acres. The request is for a conditional use for a parking lot. Planner: Quin Thompson NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once the Chair recognizes you,go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 9,2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: August 26, 2013 Approved Page 3 Old Business: RZN 13-4438: Rezone(845 N.46H'AVE./WEDINGTON,438): Page 4 Tabled CUP 13-4469: Conditional Use Permit(845 N.46TH STREET,438): Page 5 Approved CUP 13-4440: Conditional Use Permit(2008 N. CLEVELAND ST./BOYD,442): Page 6 Approved CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD., 522): Page 7 Tabled CUP 13-4456: Conditional Use Permit(ADVENTURE SUBARU/2269 HENBEST RD,324): Page 8 Tabled New Business: PPL 13-4404: Preliminary Plat(W. OF N. 54TH ST.AND E. OF W. PERSIMMON ST./LEGACY PH V,475): Page 9 Approved CUP 13-4470: Conditional Use Permit(1755 FALLBROOK,359): Page 10 Approved RZN 13-4467: Rezone(MOUNT COMFORT AND SHILOH/KUM & GO,324): Page 11 Forwarded ADM 13-4486: Administrative Item (UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 178,OUTDOOR VENDORS): Page 12 Tabled Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 1 of 14 MEMBERS PRESENT MEMBERS ABSENT Sarah Bunch Ryan Noble Kyle Cook Craig Honchell Porter Winston Ron Autry William Chesser Tracy Hoskins Blake Pennington STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM—Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Commissioners Hoskins and Pennington Hoskins arrived after roll call. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 2 of 14 Consent. Approval of the minutes from the August 12,2013 meeting. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Pennington arrived after the minutes. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 3 of 14 Old Business: RZN 13-4438: Rezone (845 N. 46`h AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE,and contains 12.42 acres The request is to rezone the property to RMF-12,RESIDENTIAL MULTI- FAMILY, 12 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, AND RSF-7, RESIDENTIAL SINGLE FAMILY SEVEN UNITS PER ACRE. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED INDEFINITELY Motion: Commissioner Chesser made a motion to table RZN 13-4438 as requested by the applicant.Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 4 of 14 CUP 13-4469: Conditional Use Permit (845 N. 46TH STREET, 438): Submitted by CIVIL DESIGN ENGINEERINGS, INC. for property located at 845 N. 46TH STREET. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 13.47 acres. The request is to allow an accessory structure on a property without a principal structure. Quin Thompson, Current Planner, gave the staff report. Ferdie Fourie, Applicant, discussed the request, saying that the owner would like to reserve the use of the existing barn during development of the property. William Chesser,Commissioner,questioned the intent of staff recommended conditions,and made amotion to clarify. Tracy Hoskins, Commissioner, noted that he felt that the existing agricultural use of the barn should be expressly added to conditions of approval. Motion: Commissioner Chesser made a motion to approve CUP 13-4469,modifying condition#2 to specify that the building may be used as material and equipment storage during development of the property,in addition to the existing agricultural uses. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 5 of 14 CUP 13-4440: Conditional Use Permit (2008 N. CLEVELAND ST./BOYD, 442): Submitted by ALAN REID AND ASSOCIATES for property located at 2008 NORTH CLEVELAND STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains one lot totaling 1.86 acres. The request is for a conditional use permit to allow a tandem lot. Jesse Fulcher,Current Planner,read the staff report. George Faucette,applicant,stated he was surprised by the recommendation.He discussed the property layout, landscaping and the impacts to the property that would result if the lot line had to be moved over to create a 70' wide lot. Bob Wisnent, neighbor, stated he was opposed to the request. This area and property are very marshy and a number of property owners have foundation problems, including his own. Development of this property will make the situation worse and devalue his property. Pat Lowe, neighbor, stated she was concerned with the upkeep of the drive and new utilities. Commissioner Hoskins asked the applicant about existing yard. Faucette stated that they won't be able to install a fence around the trees adjacent to the pool if the lot line is moved over. Commissioner Hoskins asked if the lot would be larger than surrounding lots. Faucette stated that it would. Commission Hoskins stated the hardship was in the limited amount of frontage. Commission Chesser stated that a house could be built, it's just about what the lot layout will be. The odd shape of the lot and existing pool are unique and moving the lot line over would radically alter the use of the property. Wisnent reiterated that approval only makes development of the lot easier on a lot that shouldn't be built on. Commissioner Noble asked if staff looked at this issue. Fulcher stated that the review was limited to the conditional use request.Drainage patterns will be reviewed at the time of development. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 6 of 14 Commissioner Hoskins asked if the lot could be developed without the conditional use approval. Fulcher stated that it could. Motion: Commissioner Winston made a motion to approve CUP 13-4440. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-1-0,with Commissioner Noble voting"no". CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD.,522): Submitted by JOHN DAVIDSON for property located at 1001 W MARTIN LUTHER KING BLVD.The property is zoned RMF-24,RESIDENTIAL MULTI-FAMILY,24 UNITS PER ACRE and contains approximately 4.67 acres. The request is for a conditional use for a parking lot. Motion: Commissioner Chesser made a motion to table CUP 13-4454 to the September 23'd meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 7 of 14 CUP 13-4456: Conditional Use Permit(ADVENTURE SUBARU/2269 HENBEST RD,324):Submitted by JORGENSEN & ASSOCIATES for property located at 2269 HENBEST RD. The property contains approximately 4.55 acres.The request is for Conditional Use for an off-site parking lot/vehicle display area in the Community Services zoning district. Motion: Commissioner Chesser made a motion to table CUP 13-4456 to the September 23rd meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 8 of 14 PPL 13-4404:Preliminary Plat(W.OF N.54TH ST.AND E.OF W.PERSIMMON STJLEGACY PH V, 475): Submitted by BATES AND ASSOCIATES for property located WEST OF NORTH 54TH STREET AND EAST OF WEST PERSIMMON STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 32.83 acres. The request is for a residential subdivision with 108 single family lots. Andrew Garner,Senior Planner,gave the staff report.In particular he discussed that this subdivision would generate traffic directly to 54"Street and the subsequent need for off-site improvements to 54"Street that and a three-way stop at the existing 54"/Persimmon Street intersection.He also discussed the Master Street Plan designating Persimmon Street as is a Minor Arterial through this project and City ordinance requiring the right-of-way dedication at this time. He described the applicant's request for a lesser dedication of right-of- way along this future street and staff's recommendation of denial. Geoff Bates,applicant,discussed their request including that they request the improvements along 54`"Street to be paid with fees in lieu of actually constructing the improvements because there is not enough right-of- way for the improvements. He also discussed their request for a lesser dedication of right-of-way for Persimmon Street and that if they had to dedicate 77 feet of right-of-way instead of 70 feet they would lose nine lots along Persimmon. Commissioner Hoskins asked about the rationale for the offsite improvements to 54" Street. Kit Williams,City Attorney,discussed that staff described increased traffic from this subdivision that would be using that stretch of road on 54`"and the improvements were needed and appropriate.However,his opinion was that the applicant's offer for 70 feet of right-of-way for the internal Persimmon Street was adequate.He discussed further that 70 feet of right-of-way is good for the City, is what the City needs, and is as much as we can require.This development does not generate the need for additional right-of-way dedication.The need for additional right-of-way is generated because of a major street going through this property.Normally we only have a local street going through a subdivision. Here they are already offering above and beyond what would normally be required.You need to see if what they have offered meets the rough proportionality test. Because they are offering substantially more than what is normally required because of the Master Street Plan being there,it is making it where the citizens do not have to pay for that,it is a pretty fair offer what they have made. Commissioner Hoskins clarified that staff is making them dedicate 77 feet of right-of-way and the developer is only offering to dedicate 70 feet of right-of-way. Kit Williams stated that the 70 feet that they are offering is as much as what we likely could require of them because I don't think this development itself justifies a much larger right-of-way dedication. You need to consider if what they are offering does not exceed the rough proportionality test.If what we are requiring is beyond the rough proportionality test then it is not constitutional and you should not demand that. They 70 feet they are offering seems pretty reasonable to me. Commissioner Hoskins stated that this is where he was going with this.The 70 feet variance they are asking for seems fair to me. I agree with Kit that they are being very, very generous. Commissioner Winston discussed that he was on the Subdivision Committee and the future extension of Persimmon Street was recommended. Garner discussed the overall Master Street Plan and the future alignment of Persimmon Street and that a large portion of Persimmon to the east has not been constructed. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 9 of 14 Commissioner Autry asked about the right-of-way for the future alignment of Persimmon Street. Garner clarified the right-of-way dimension. Commissioner Winston asked what the City would do if Persimmon were only 70 feet. Garner indicated that it would not meet the Master Street Plan cross section and a future street project would have to be evaluated to see what type of street improvements we would want given that reduced right-of-way amount.A Minor Arterial has four lanes for cars,two bike lanes,greenspace separation,and sidewalk on both sides of the street.He discussed that if the City only had 70 feet he was not sure what types of improvements could be completed. Commissioner Autry agreed with everything so far and this right-of-way would have tremendous impact on the development. Commissioner Chesser clarified the right-of-way to the east and west of this development.The City attorney makes a fair point. While it would be great for the City,I'm not sure. He asked the applicant about existing utilities in the subdivision. Geoff Bates, applicant, discussed the existing utilities in the subdivision. Commissioner Chesser discussed he finds himself leaning towards allowing the applicant the right-of-way variance.He agrees that the developer is being generous by giving money for the improvements to 54"Street. Garner discussed that we do not have a dollar amount for the assessment for 54th Street as requested by the applicant. Staff does not recommend this be improved without a dollar amount and the commission understanding what is being required. Staff would recommend tabling this item until an actual cost estimate for the work is provided for the commission to review. Geoff Bates, applicant, discussed that they can't afford additional delays for this project. He discussed working with staff on construction cost estimates and feels comfortable paying an assessment. Staff and us know what is reasonable. Kit Williams asked the applicant if they would feel comfortable having staff approve the dollar amount. Geoff Bates, applicant, indicated yes. Motion: Commissioner Winston made a motion to approve PPL 13-4404,findings on the conditions of approval as follows: #1: Recommendation in favor of applicant's request for lesser dedication of right-of-way. #2: Determine in favor of staff's recommendations; however modifying E.1 for the applicant to pay money-in-lieu for improvements to 54th Street, the amount to be agreed upon with City Engineering staff and the applicant,and should they not come to an agreement it could come back to the Planning Commission for a final determination. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 10 of 14 #4: Add a sentence to the condition stating: "The applicant shall remove the designation of Lot 33 as parkland from the plat". Finding agreement with all other conditions of approval as listed in the staff report. Commissioner Pennington seconded the motion. . Commissioner Cook discussed that he disagreed on the 77 feet of right-of-way and that he feels the right-of- way is necessary especially since this is designated as a Minor Arterial on the Master Street Plan; for that reason he won't support the motion. Upon roll call the motion passed with a vote of 8-1-0,with Commissioner Cook voting "no". Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 11 of 14 CUP 13-4470:Conditional Use Permit(1755 FALLBROOK,359): Submitted by CANDICE SAWIN for property located at 1755 FALLBROOK WAY.The property is zoned RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 0.19 acres. The request is for a home daycare. Jesse Fulcher, Current Planner,read the staff report. Candice Sawin,applicant,stated she has operated a child care facility in Farmington since 2006.They closed on this property on Friday. Commission Chesser asked the applicant if she was okay with a limit of 7 children. Sawin stated yes. Commission Hoskins asked if the limit include her other children. Fulcher stated that applicant has 3 older children that go to school every day and aren't included in the 7 allowed within the day care. Motion: Commissioner Chesser made a motion to approve CUP 13-4470 with all conditions as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 12 of 14 RZN 13-4467: Rezone (MOUNT COMFORT AND SHILOH/KUM & GO, 324): Submitted by CEI ENGINEERING for property located at THE NORTHWEST CORNER OF MOUNT COMFORT AND SHILOH. The property is zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. and contains approximately 1.65 acres. The request is rezone the property to C-1,NEIGHBORHOOD COMMERCIAL. Jesse Fulcher,Current Planner,read the staff report. Rob Waddell,applicant,went through a Power Point presentation and described the traffic count in the area, surrounding land uses, and the lack of services in the area. Commissioner Chesser stated he liked the Kum & Go stores, but agrees with staff that another zoning district would be more appropriate. Fulcher stated that staff only reviewed the request for C-l. There are other zoning districts available that would allow a gas station. Commissioner Chesser asked the applicant if they looked at a more walkable zoning district. Waddell stated that they can't change pushing the building to the street with a$4 million dollar development cost. Andrew Garner, Senior Planner, discussed the new development standards for gas stations in form-based zoning districts. Commission Chesser stated he couldn't support request. Commission Hoskins stated the area is underserved and the site is being used for commercial purposes already. It makes sense to put a gas station here, and there is still area to provide a transition. Commission Autry stated the site is in poor condition currently and needs to be improved. This is an appropriate zoning for the property. Commission Pennington stated he lives in the area and this is something that is needed. Commmissioner Bunch stated this will provide a service that people can walk to.The mobile home park will provide a transition between uses. Motion: Commissioner Winston made a motion to forward RZN 13-4467 for approval. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-1-0,with Commissioner Chesser voting"no". Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 13 of 14 ADM 13-4486: Administrative Item (UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 178, OUTDOOR VENDORS): Submitted by SUSTAINABILITY AND STRATEGIC PLANNING STAFF to amend chapter 178, Outdoor Vendors. Several changes are proposed including the allowance of outdoor mobile vendor courts and an increase in the permit timeframe. Motion: Commissioner Chesser made a motion to table ADM 13-4486 to the October 14th meeting. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 7.15 PM. Planning Commission September 23,2013 Agenda Item 1 9-9-13 Minutes Page 14 of 14 FayeV e PC Meeting of September 23, 2013 s 1 HE CITY OI' PAYEI']'EVIt,LF, ARKAN'SAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 16, 2013 ADM 13-4488: Administrative Item (DICKSON ST. & WEST AVE.IWATERS, 484): Submitted by JON WATERS for property located SOUTHEAST CORNER OF DICKSON STREET AND WEST AVENUE.The property is zoned MSC,MAIN STREET CENTER and is on the public sidewalk. The request is a variance for a sidewalk vendor cart that is five inches wider than permitted. Planner:Andrew Gamer BACKGROUND Background: The applicant submitted an application to the City Planning Division for a sidewalk vendor permit in spot#11 on Dickson Street in front of the Walton Arts Center(see attached). As part of the standard procedure for issuing the permit a site inspection was conducted with the applicant and staff. A measurement of the cart at the inspection indicated that the cart including the wheel wells is 53 inches wide when the maximum per City ordinance is 48 inches wide (Unified Development Code Section 178.03.G.2). Proposal: The applicant requests a variance to permit a sidewalk vending cart that is 53 inches wide (including the wheel wells) in spot#11 on Dickson Street. A site plan and diagram of the proposed cart is attached to this report. RECOMMENDATION Staff finds that the proposed cart would meet the intent of the sidewalk vendor ordinance and would not adversely block views or impede pedestrian traffic in the location proposed.The sidewalk along this section of Dickson Street is approximately 17 feet wide and the additional width of the cart would not adversely impact pedestrian traffic. The cart would meet all of separation requirements in the Unified Development code. Recommended Motion: Staff recommends approval of ADM 13-4488 with the following condition: 1. Planning Commission determination to permit a sidewalk vendor cart that is 53 inches G G:IECIDevelopinent Services RevieW201311)evelopment Revieiv113-4488 ADM Walton Arts Center Sidewalk Vendor(Waie x)103 Planning Commission109-23-2013ICoinments and Redlines September 23,2013 Planning Commission ADM 134488 Waters Agenda Item 2 Page 1 of 10 wide, including the wheel wells, as indicated on the diagram provded by the applicant. Staff recommends in fervor of this deterininallon given that the proposed cors would not adversely impact pedestrian traffic along this wide stretch ofsidewalk, and given that there is adequate s•eparodon between the proposed cart and any obstacles such usfire hydrants or ADA parking spaces. Planning Commission Action: ❑ Forwarded ❑Approved ❑ Denied Motion• Second• Vote: Meeting Date: September 23,2013 G Gr1l:7L1Oenelopruen(.ScrM1'ices Review1201jlDevelnpn+enl Review113-4488 AOU IGn11nn drlt CennnSidewalk Vendor(I Pa[ertJ103 PlnunmR C'nnn>,issionlD4-23-20131Cbmmerv(s and Redlines September 23,2013 Planning Commission ADM 134488 Waters Agenda Item 2 Page 2 of 10 178.03 Sidewalk Vendors (G) Requirements.Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with a valid permit issued under this Chapter may transport and/or display approved goods upon the approved mobile device or pushcart,under or subject to the following conditions: (1) The operating area shall not exceed 40 square feet of sidewalk, which shall include the area of the mobile device,operator and trash receptacle.The Planning Division will provide a map of approved vendor locations. (2) The length ofthe mobile device or cart shall not exceed 7 feet,including the cart's trailer tongue or hitch that is not removed or collapsible,and any propane tanks or other attachments to the mobile device. The width shall not exceed 4 feet, including the carts wheel wells or tires, and any accessory components of the cart such as retractable or collapsible sinks or shelves. (F) Conditional Use Permit. If an applicant wishes to operate as a sidewalk vendor in a location other than those specifically approved by the City Council,a conditional use permit must be obtained.Upon receipt of a conditional use permit application,the Planning Commission shall review the proposed permit operating area to determine if the said area is suitable for street vending in accordance with this chapter. In making this determination,the Planning Commission shall consider the following criteria: (1) The application meets all other criteria established herein for a sidewalk vendor, with the exception that the applicant may request that the cart, and/or operating area, may be larger than the dimension required in this chapter.An increase in cart size or operating area may be considered by the Planning Commission as a variance and does not require conditional use permit review.The determination ofa larger cartsize and/or operation area shall be subject to the variance criteria in Chapter 156.03(C). 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development,Chapter 166,are shown by the developer to cause undue hardship as they apply to this proposed development(including,but not limited to financial,environmental,or regulatory)and that the situation is unique to the subject property,the city Planning Commission may grant a variance,on a temporary or permanent basis,to the development from such provision,so that substantial justice may be done and the public interest secured;provided that the variation will not have the effect of nullifyingthe intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (2) Conditions and safeguards. In granting variances, the Planning Commission may prescribe appropriate conditions and safeguards to secure substantially the objectives of the standards or requirements so varied. G G:16TCIDevelopmenl Services Review120131Development Reviewl13-4488 ADM VVallon Arts Center Sidewalk Vendor(Wafers)103 Planning Commi.sston109-23-20131Comments and Redlines September 23,2013 Planning Commission ADM 134488 Waters Agenda Item 2 Page 3 of 10 Page 1 of 2 Amy Slone - Re: Cart height From: Jon Waters<jonwaters0288@me.com> To: Amy Slone <aslone@ci.fayetteville.ar.us> Date: 9/4/2013 9:25 AM Subject: Re: Cart height Planning Commission, The variance I am applying for is concerning a food cart to be placed at the North side walk of the Walton Arts Center. The food cart is a(couple/few) inches too wide I am told by the planning technician. The actual cart itself is not too wide but the wheel wells stick out a little too far.. I have searched and have found many trailers that claim to be 48" wide but that does not include the wheel wells. I have quite some time and money invested in this venture and hope this small variance shall not be a problem. Thank you, Jon Waters On Sep 03, 2013, at 11:34 AM, Amy Slone <aslone@ci.fayetteville.ar.us>wrote: September 23,2013 Planning Commission file:///C:/Users/aslone/AppData/Local/Temp/XPgrpwise/5226FC70FAYETTEVILL ga�tem z12013 Page 4 of 10 APPROVED SIDEWALK VENDOR LOCATIONS : WALTON ARTS CENTER DICKSON STREET I 8 z w F- U) ..r 3 3 4 5 6 1 N 1 if = 20 ' WALTON ARTS C E N T Ear 23,2013 Planning Commission ADM 134488 Waters Agenda Item 2 Page 5 of 10 ti i 422 F: r' f'e .;)Y i r Y O � vJ r . � lip r= 4 ' A , i S Y . c3 •� ~ 1�lC �th Ite. Y September 23,2013 Planning Commission ADM 134488 Waters Agenda Item 2 Page 6 of 10 y� Page 1 of 2 Top SbelrSbrape 9 Fool UrnbreNs 1 ON QHMAND Sb9rage{new) rv+ M Left Side Schematics Ibl a caw 4H 1 &Mc Steam f lr16rS Al kYeel wetletl Fromm Amarrnl Ten, olNBdI TO(16itarl DCOn Oeend WekrPaea b(iHbn Fresp _ // Tow Dar Wale, T Gallon Prey YAeler Tank . \ \ ��letela8 FT:IpDUt armn DOTTIres NO 0\ *W4 Beck Mw ProorWdkrDfain VVasie Wiler BYeke rims Uppol S1p:ge 9 Foot 10.1 Urn eN _ WATER NEATER Sfe1Dles:SlG<I Sqn HkaCw Lder3loraBe ' F'eunsl Deal Cast Iron .''I W„mrs \ Berner Control _ Kect. Steam Table Bsx Negalator TOA Dar `t --1.1'Propane ` Ce TwW 1 1 _ Lekh t t I \Ferner "DOT LIgbID 'GGb6Line line Level Right Side Schematics Cae slare9e September 23,2013 Planning Commission ADM 134488 Waters __._A90110 Item$r11/1n1'1 Page 7 of 10 ' Page 1 of 1 Upper View Schematics •a mM.. Optional Water si.M. Systern Feaeer Or, DEMAND I 63 i • � :. i whRR NFf51'Eu irz' Prep area 0 40_ 1 In- Dual S3 / Burners t� r I EZ OR T.Wr Oasin pfOPpne W nwr \. lha lot d Tanr6 -�-.slalnW Rep Area Cooler Propane bas Prep area Regubtar September 23,2013 Planning Commission ADM 134488 Waters Page 8 of 10 ADM 13-4488 WATERS Close Up View I� �F� w Q I F 11 � ABLE _ �l — i II II � it II a x � ALLEY 318 SUBJECT PROPERTY it N DICKSON ST: ii W w 0 O ¢ I I O w i R it O MsC * i � ■ SPRING ST N Legend a w J Multi-Use Trail (Existing) Q Future Trails::, 1 Fayetteville.-'City Limits ` 'I DM 13-4488 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 75 150 300 450 500 September 23,2013 ------ Planning Area Feet P Planning Commission Agenda Item 2 Page 9 of 10 ADM13-4488 WATERS One Mile View ", �E 1231 RSFd NS RSF-0 WIN RSFd BIR CEDAR ST RSF- C P aMFz MEMOR\ c2 % MF-24 N Rs RSF RMF-24 JAME SST R-0 FRO R 0 SFd Pi , F4 RPZO cs Q�caRMF i 1-1 RMF-24 RSFOLLY ST 4 -0 c-I P RICIA LN RSF-0 120 as G1 �•� .1 SCSRM 30I RSF4 RSF_ RSF a YA 2 RSF-0 d 1 _ RSF W RSF 451 RMF-4 RSF4 RSF — W R-O R- R-G IcS R-0 ADAMS ST 18F1W � ¢ R R-0 RS J T RSF4 RSF4 a W 0 RSF C-1 Rs�-0BAXT ¢ HAWTHORN ST `1 2 R- -z�-o OFF RSFd FdRPZD P 1 MF-24 RSF4 a Q J RN ST = 2 RSFd � SR ^ RSF4 RSFd RSF4 RSFd�RSF4 RRSFd p PROSPECT ST = POSPECTST P - RSF-0 RSF R F, I RMF-24 R-O C3 RSF4 RSF-0 RSFd RSFd RSF-0 ¢ P1 !. T. I R-0.R-0p,' REBECCA ST �� S - .— a F-20z LOUISE ST RMF-24 2 R F-0 RSFdW N RSF SF-0 RSF-0 IP 1 W RSF4 RSF4 RSFd RSF-0 W 1.1q IDSON ST RSF-0 n J W P o; '' ILA ST < cs L W W vO-'R3� E I� RSF-0Q Q Q RSF-0SUBJECT PROPERTY a o z RSF<F-0I sFd ALSEL RDm p J F241-1 RSFd R -0 •� P-1 N �p ~ � 13 RSF4 F6 RMFL z z 7 z RSF>--_ — P"1 T J U 2 RSF-0RP20 RSF RSF R MARK AM RD M Msc x MSC'RSF-0Q SUTTON ST m ¢ MSC MSC M Sc MSC ALL Y 223 1 .' IC ON ST = Msc 3 RSF< d RSF4 d Ms MS MSCI v-1HO ZDR . j csc Msc ,R; P-1 W SFd MSO MSC MSC 4 iescI�ONNERS RM Q N R-O MSCY SC SPRING ST MF-24 aMFz4 ¢ P o W M r- W RMF-24 MSL ^W MSC RMF84 Q �0 68C MSO �a � RMF44RMF-24 RMF a P-1 \NCO •MSLTER 8 w U CENTER ST RMF- RMF-24 Msc .J RSF4 RMF-24 `rP ¢ 'Q �I .RM14 NETTLES IP S m W RMF-24 RMF P-1 MSL MSL MSLMS RMF34 W Z ROY POND DR RrSzaQ ��W.• ¢ W P RADr p.i ¢ W P- P-1 SF-WDI R.0 J N Pnv-1 Q BLIC 545 o-� R-0 MSCI F RMF24 P-1 CS Iq T2 MSC F I C 2 MSO S Msc Msc cs cs D T+LL' R-0 RMF-24 F1 : MSC MSL ' 1 I RPZO u RMF-24••I�I Y > tln F RP RPZOc� RJ0`r 9 CS L1 �r' '� .•, ..'...Y RMF-1 Q ph i RMF-24 j P-1RMF 1TH 111T P1 42 tlrfg�R d PUBLIC 125 RMF-24 Z P-1 • , , RMF-fd'12TH RMF-24 z ~ 1 ,12 RMF-244 F24 Off`/SgL(ORMRMF-143 i.� 1 1.3TH ST PZ Overview Legend ADIV 13-4488 r . Subject Property MADM13-4488 - - ! Desi n Overlay District 1 Boundary _ _ _ Plan iing Area _ FayE tteville 0 0.25 0.5 1 6 M Ieseptember 23,2013 Plannin Commission ADM 134488 Waters Agenda Item 2 Page 10 of 10 T111� aye eville PC Meeting of September 23, 2013 ! AnKAN SAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 16, 2013 VAC 13-4478: Vacation (TWIN CREEKS VILLAGE LOT 19B4, 211): Submitted by MCCLELLAND CONSULTING for property located at 163 VAN ASCHE LOOP. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.18 acres. The request is to vacate a portion of a drainage easement on property. Planner: Quin Thompson Findings: Property and Background: The subject property is located south of Van Asche Loop, a private street. The property is a part of Twin Creeks Village (PPL 09-3265,) a commercial subdivision approved in 2009. The original project included an open drainage and associated easements. This design was later revised and a new easement platted with PPL 09-3265. the revised design routes all stormwater into an underground system, where previously it flowed in an open ditch across the site. The revised design has been constructed, making the original open drainage easement redundant. Table 1 Surrounding Land Use and Zonm Direction from Site Land Use Zonin North Professional Office/Undeveloped C-1, Neighborhood Commercial South Single family residential RSF-4, Residential Multi- family East Professional Office/Undeveloped C-1, Neighborhood Commercial West Professional Office/Undeveloped C-1, Neigorhood Commehbrcial Request: The applicant requests a vacation of a drainage easement as indicated on the submitted exhibit. Easement Vacation Approval: As this is an easement exclusively for drainage, which is under the jurisdiction of the City of Fayetteville Transportation Department, permissions from the franchise utilities and City utility departments are not needed. Public Comment: No public comment has been received. G:\ETC\Development Services Review\2013\Development Review\13-4478 VAC Twin Creeks Village\03 Planning Commissiquwkning Commission 23-2013\Comments and Redlines September 23,2013 Agenda Item 3 VAC13-4478 Twin Creeks Page 1 of 8 Recommendation: The subject drainage easement is not necessary, as the original design has been revised and constructed to pipe stormwater underground. Staff recommends forwarding VAC 13-4478 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: September 23,2013 Motion: Second: Vote: Notes: G:iETCkpevclopntent Services Rcview120131nevelopment ReviewV 3-4478 VAC Twin Creeks ViOage103 Planning Commissi"luting Commission 23-20I31Cmnments and Redline September 23,2013 Agenda Item 3 VAC13-4478 Twin Creeks Page 2 of 8 MCCLELLAND 1810 N.College Avenue MEE P.O.Box 1229 CONSULTING Fayetteville,AR 73703/72702-1229 479-443-2377/Fax 479-443-9241 ' ENGINEERS, INC. www.mccieffand-engrs.com August 6,2013 RE: Vacating a portion of a drainage easement at proposed project q 13-4425,163 W.Van Asche Loop Dear Planning Commission, and City Council, Northwest Arkansas Oral & Maxillofacial Surgery and McClelland Consulting Engineers, Inc., are requesting the abandonment of a portion of a drainage easement located in the CMN business park. The easement is no longer needed as the drainage path was contained in an enclosed box culvert as part of a previous improvement.A sufficient easement will remain to service the drainage culvert. Please don't hesitate to contact me if you should have any questions or concerns regarding this notification. Sincerely, Rya Gill, P.E. rzill@mcclelland-eners.com AtceWaed ear ating.bzq&eene,9nc.- "Xeet£tgineetuuy J6an" Planning Commission 23,23 aJaueao `J3uoineoe 2009,2010&2012 Qtua td 31eciyient SepteAgenda Item 3 VAC13-4478 Twin Creeks Page 3 of 8 ;r i i l h � c I I �l i S41 a `_J a �'K�jiE 3 �9¢��dSS�i it c i x�gi SIT, A�94 �y.3 t£t�$it�i a xagl;>3g4 `!; g=,•�� ,- �.t a t�i� ,, ,,�� a�29¢e.ia � TWlN r REFKSLrOT19 VILLAOF. 17F . CkD �• •� I��p51�12 LOTE.A + �• Fl F, FAYEITEJII,I.E,ARRAN9A5 y�. y mission � �• ,1a� � September 23,2013 a $ strE SURVZY ,�,�r ,:,,, `„fi a Item 3 Creeks Page 4 of 8