HomeMy WebLinkAbout2004-01-26 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday January 26, 2004 at
5:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219,
Fayetteville,Arkansas.
Roll Call
The following items will be considered:
New Business:
1. CUP 04-03.00: Conditional Use (Miss Cherrie's Playhouse, pp 562)was
submitted by David and Cherrie Frazee for property located at 425 W. 111h Street.
The property is zoned RMF-24, Residential Multi-family, 24 units per acre. The
request is to allow a day care in a residential zoning district. Planner: Suzanne
Morgan
2. CUP 04-05.00: Conditional Use (Brian Turley, pp 398)was submitted by Alan
Reid on behalf of Brian Turley for property located on 51" Street,north of
Wedington Drive. The property is zoned RSF-4, Residential Single-family, 4
units per acre, and contains approximately 0.86 acres. The request is to allow for
construction of a duplex in an RSF-4 zoning district. Planner: Suzanne Morgan
3. CUP 04-01.00: Conditional Use(Wal-Mart/Mall Ave.,pp 173) was submitted
by CEI Engineering Associates, Inc. on behalf of Wal-Mart Stores for property
located at Mall Avenue and Joyce Blvd. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 24.9 acres more or less.
The request is to allow the use of 55,40' long trailers for outdoor
storage/warehousing during the holiday season with 10 trailers retained for year
round usage proposed. Planner: Suzanne Morgan
4. CUP 04-02.00: Conditional Use (Wal-Mart,pp 557) was submitted by CEI
Engineering Associates, Inc. on behalf of Wal-Mart Stores for property located on
U.S. Hwy 62, west of I-540. The property is zoned C-2, Thoroughfare
Commercial and contains approximately 28.70 acres. The request is to allow the
use of 45, 40' long trailer for outdoor storage/warehousing during the holiday
season with 10 trailers retained for year round usage proposed. Planner: Suzanne
Morgan
5. RZN 04-01.00: Rezoning(Parnell, pp 595)was submitted by Eric Johnson of
Triangle Builders Supply for property located south of Hwy. 62 and west of
Hanshew Road. The property is currently zoned R-A, Residential Agricultural,
and contains approximately 17.00 acres. The request is to rezone the subject
property to RMF-12, Residential Multi-family, 12 units per acre to allow the
development of townhouse lots. Planner: Jeremy Pate
6. ADM 04-02.00: Administrative (Focus Salon, pp 558) Sign appeal in Design
Overlay District for property located at the northwest corner of Hwy 62 W and I-
540.
7. ADM 04-04.00: Administrative(Design Overlay District Signage)An
ordinance amending Section 161.24 of the Unified Development Code to allow
direct illumination of signs located within the Design Overlay District. Planner:
Dawn Warrick
8. ADM 04-05.00: Administrative (Parkland Zoning Exemption) Ordinance
amending the Unified Development Code (UDC), Ch. 166: Development,to
exempt lots dedicated as park land from the bulk/area requirements of the zoning
ordinance. Planner: Jeremy Pate
All interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments 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. Interpreters or TDD for hearing impaired are
available for all public meetings. 72 hour notice is required. For further information or to
request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions&Answer with Commission
F. Action of Planning Commission(Discussion &Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member 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.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2003 Planning Commissioners
Nancy Allen
Jill Anthes
Don Bunch
Alice Church
James Graves
Sharon Hoover
Alan Ostner
Loren Shackelford
Christian Vaught
FAYETTEVILLE PC Meeting of January 26, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, Zoning&Development Administrator,A.I.C.P.
DATE: January 20, 2004
CUP 04-03.00: Conditional Use(Miss Cherrie's Playhouse,pp 562) was submitted by David
and Cherrie Frazee for property located at 425 W. I 1 a, Street. The property is zoned RMF-24,
Residential Multi-family,24 units per acre. The request is to allow a day care in a residential
zoning district. Planner: Suzanne Morgan
RECOMMENDED MOTION: Staff recommends approval of the requested conditional
use with the following conditions:
1. Payment of$630 in lieu of sidewalk construction as recommended by the Sidewalk
Coordinator. Staff recommends that the applicant be given six months from the date
of Planning Commission meeting to pay the required fee. Staff will track the status of
payment through contact with the applicant on a monthly basis.
2. Approved building safety and fire inspections are required prior to the issuance of a
Certificate of Zoning.
3. A Certificate of Zoning is required to he issued.
4. Prior to issuance of a Certificate of Zoning the applicant shall coordinate with the
Solid Waste Division for appropriate solid waste disposal. Any solid waste
containers shall be stored in a screened location except on collection days.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: January 26, 2004
Comments:
K.WEPORM004TC REPORMOI-26-041CUP 04-03.00 MISS CHERRIES PLAYHOUSE DOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.1
The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without
exception by the entity requesting approval of this conditional use.
Name: Date:
BACKGROUND:
Property description: The subject property is located along 111St. east of West St. The
property is zoned RMF-24 and contains 0.251 acres. A 20' alley runs along the east side of the
property which.contains one single family dwelling.
The applicant has operated a day care facility at this location for three and a half years. The
Department of Human Services has licensed the owner for 16 children. Ten children attend this
day care on a full-time basis with a possibility of more during spring break and the summer
months. The children range from 3 to 6 years in age. Hours of operation are from 6:30am to
530pm. Length of time for drop off and pickup ranges with maximum time being approximately
10 minutes. Mrs. Frazee,the applicant, employs one employee part-time during the school year
and full-time during the summer months. The approximate dimensions of the facilities provided
are as follows:
Outdoor Play Area: 6,029 s.f.
Lot size: 11,238 s.f. (0.258 acres)
Living Room: 364 s.f.
Play Room: 357 s.f.
Proposal: The applicant requests a conditional use permit to be able to operate a child care
facility in an RMF-24 zone. Ten children will attend on a full-time basis with a maximum of
sixteen allowable. Mrs. Cherrie Frazee will run the day care with the assistance of one employee.
Request: The request is for a conditional use approval to allow a child care facility within a
residential zoning district.
Recommendation: Staff recommends approval of the request for a child care facility on the
subject property. Adequate area is provided to meet the requirements of 250 s.f. lot area per
child and 80 s.f. of outdoor play area for a child care facility. Parking requirements are satisfied
with the existing driveway,parking area on the property, and the adjoining alley access.
KViEPORTS12004TC REPORTS101-26-04VCUP 04-03.00 APSS CHERRIE'S PL 41HOUSEDOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.2
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family residential I-1, Heavy Commercial and Light
Industrial
C-2, Thoroughfare Commercial
South Vacant lot& Single family RMF-24, Residential Single Family, 24
residential units per acre
East Little Mexico C-2, Thoroughfare Commercial
West Single family residential RMF-24, Residential Single Family, 24
units per acre
GENERAL PLAN DESIGNATION:
§ 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for a child care facility within a residential zoning district.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
K.IREPORTSI20041PCREPORTSIOI-26-041CUP 04-03.00 AffSSCHERRIE'SPLAYHOUSE.DOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.3
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under§ 161.13 (see attached) to
grant the requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: Granting the requested conditional use is in the best interest of the public.
The service being provided for the last three and a half years provides a
resource to satisfy child care needs in the surrounding residential
neighborhood. Traffic volumes will not increase substantially and the peak
of traffic will occur at 6:30am and 5:30pm. West St., 11th St. and the alley
east of the property will provide access for drop-off and pick-up traffic and
relieve congestion.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
made concerning the following,where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: Traffic will increase at the times of drop-off and pick-up. Ingress and egress
to the home is being provided along West St., 111h St., and the 20' alley that
borders the property to the east.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
-K'IREPORM20041PC REPORTSIOI-26-041CUP 04-03.00 MISS CHERWE'S PLAYHOUSE.DOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.4
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: Parking is required in the amount of one per employee and one per 10
children. Three off-street parking spaces are provided east of the home by
the garage and the alley provides supplemental temporary parking for
patrons if more than 10 children are accommodated at the day care.
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: Applicant shall coordinate with the Solid Waste division for appropriate
solid waste disposal. Any solid waste container shall be shielded in
accordance with the City Ordinance.
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding: There are existing water and sewer lines serving this property.
(e) Screening and buffering with reference to type,
dimensions, and character;
Finding: N/A
(f.) Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
Finding: No signage is being proposed at this time.
(g.) Required yards and other open space; and
Finding: The subject property meets the requirements for a child care facility with
maximum of 16 children. These calculations are as follows:
Required Provided
Minimum lot area 250 s.f/child=4,000 s.f. 11,238 s.f.
Minimum Out Door Play Area 80 s.f/child= 1,280 s.f. 5,029 s.f.
K..,VZEPORTS12004IPCREPORTSI01-26-041COP 04-03.00 MSS CHERRIES PLAYHOHSE.DOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.5
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: The adjacent properties consist of a majority of single-family residential
dwellings,commercial and industrial uses, and vacant property. The
proposal to utilize this lot for a child care will make serve the surrounding
single family neighborhood and will enhance the neighborhood.
K..'IREPORTSL?004PC REPORTSI07-26-041CUP 04-03.00 MSS CHERRIE'S PLAYHOUSEDOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.6
Chapter 163: Use Conditions
Sec. 163.05 Child Care: Nursery School.
All such establishments shall be located on lots which:
(A) Minimum lot area. Contain a minimum lot area of 250 square feet per child.
(B) Minimum outdoor play space. Provide a minimum outdoor play space of 80 square feet per
child,calculated on the basis of the number of children occupying the outdoor play space at one
time.
(C) Number ofchildren. In an R-1 zone, a child care facility may be approved as a conditional
use of no more than 10 children, or the number of children approved by the state's licensing
board, whichever is fewer.
(Code 1965,App.A,Art.7(7);Ord.No. 1747,6-29-70;Ord.No.2604,2-19-80;Code 1991,§160.082;Ord.No.4100,§2(Ex.A),6-16-98)
KAREPORM0041PC REPOR7SIOI-26-041CUP 04-03.00 MISS CHERRIESPLAYHOUSEDOC - January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.7
161.13 District Rmf-24,Residential Multi- -Development 10,000 sq.ft.
Family—Twenty-Four Units Per Acre •Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
(A) Purpose. The RMF-24 Multi-family Three or more 9,000 sq.ft.
Residential District is designed to permit
Fraternity or Sorority 2 acres
� 11 Professiohal offices 1 acres
and encourage the developing of a variety
of dwelling types in suitable environments
in a variety of densities.
(B) Uses. (3) Land area per dwelling unit.
(1) Permitted uses Apartments:ufactured home 3,000 sq.ft.
*No bedroom 1,700 sq.ft.
Unit 1 -wide uses b *One bedroom 1,700 sq.ft.
Si right *Two bedroom 2,000 sq.ft.
Unit 9 Two-family Unit 6 Single-family dwellings il dwellings Fraternity or Sorority 1,000 sq.ft.per resident
Unit 10 Three-family dwellings
Una 26 Multi-famil dwellin s (E) Setback requirements.
(2) Conditional uses. Front Sidehear
25 ft. 8 ft. - 25 ft.
Unit 2 Ci -wide uses by conditional use permit
Unit 3 - Public protection and utility facilities Cross reference(s)--Variance,Ch.156.
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 25 Professional offices (F) Height regulations. Any building
Una 24 Home occupations which exceeds the height of 20 feet shall
Unit 36 Wireless communications facilities
be set back from any side boundary line an
(C) Density. additional distance of one foot for each
foot of height in excess of 20 feet.
Units er acre 4 to 24
(G) Building area. None.
(D) Bulk and area regulations.
(Code 1965,App.A.,Art.5(111);Ord.No.2320,4-6-77;Ord.No.
2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-
(1) Lot width minimum. 98;Ord.No.4178,831-99)
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home park
Single mil60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
liManufactured home park 3 acres
Lot within a mobile home park 4,200 s .ft.
11 Townhouses:
K.9REPOM120041PC REPOR7SIOI-26-041CUP 04-03.00 ARSE CHERRIE S PLAYHOUSE.DOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.8
(D) Unit 4. Cultural and recreational
facilities.
(1) Description. Unit 4 consists of
cultural and recreational uses to serve
the residents of the community.
(2) Included uses.
Auditorium,stadium
Art gfiery,library,museum
Cemetery
Child care center,
nursery school'
Church
Cofle eor university
DormitoryCommunity center
Auditorium,stadium
Crematorium
_ Detention home Community
center
Detention homeDormitory
Eldercare _
Golf courses
Hospital
Park
Mausoleum
Playfield,playground
Private club or lodge
Ming stables
School: -Elementary
-Junior High
-Senior High
Swimming pool
Tennis court
Theater le itimate
Zoo
Cross-reference(s)—Parking and Loading,Ch. 172
KIREPORTSI20041PCREPORTSI01-16-041CUP 04-03.00 MSS CHERRIESPLAYHOUSE.DOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.9
172:Parking&Loading
172.05 Standards For The Number Of Spaces
By Use
TABLE 3
PARKING RATIOS
(Use/Required Spaces)
Public and Institutional Uses
Nonprofit Commercial
1 per 1,000 square.feet.of
Art gallery,library,museum floor areaGFA - -
1 per 4 seats,provided only
Auditorium auditorium space is counted
in determining parking
1 per employee plus
Child care center, onsite loading and
nursery school unloading spaces at a
rate of 1 per 10 children
accommodated
1 per 4 seats in the main
Church/religious institution auditorium or 1 per 40
square.feet.of assembly
area,whichever provides
more spaces
College auditorium 1 per 4 seats
College dormito1 per slee in .room
1 per 500 square.feet.of
College or university classroom area
1 per 250 square.feet.of
Community center GFA
1 per 1,500 square.feet.of
Detention home floor areaGFA
1 per 500 square feet of floor
Government facilities area -
1 per 4 seats in main chapel
Funeral homes plus 1 per 2 employees plus
1 reserved for each vehicle
used in connection with the
business
Hospital t per bed
Convalescent home 1 per bed
School—elementary and 1 per employee plus 1 space
junior high per classroom
School—senior high l per employee plus t per
students based on design
rapacity,or 1 per 6 seats in
auditorium or other places of
assembly,whichever is
greater -
1 per 2,000 square.feett.of
Zoo land area
All other public and
institutional uses(only 1 per 4 occupants
auditorium space shall be -
counted for churches, -
auditoriums,or group
bccu anc s ace) -
KIREPORM20041PC REPORMOI-26-04CUP 04-03.00 MSS CHERRIES PLA YHOUSEDOC January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.10
„,FAYETTEVILLE
711E VW OF FAYETTEYaLE,
To Suzanne,Morgan,Associate Planner'
Plauning Commission
From: Chuck Rutherford, Sidewalk Administrator
Rate: January 22;2004
Subject: Sidewalk recommendation for CUPs
d CUP 04=03.00: Conditional Use(Miss Cherrie's Playhouse, pp 562)located at
425M. 11m Street. The:request is to:allow a.day care in an existing single family
home..Stdewalks are not existing on both sides of the street. A sidewalk constructed
at this location would be a stand alone:sidewalk I recommend money in lieu of
sidewalk construction at the single family requirement of$630.
CUP 0465A0: Conditional Use(Brian Turley, pp398)located on 51” Street, north
of WedngtonDrive. The request is to allow for construction of a duplex. Curb and'
gutter,does not exist at this location, open ditch drainage exists without sidewalk on
both sides ofthe street. A sidewalk constructed here would be a stand alone
sidewalk. I recommend money in lieu of sidewalk construction at the duplex
/ requirement of$720. '
3. _CUP 04-01.00: Conditional Use(Wal-Wkt/Mal1 Ave; pp173)located at Mall
Ave. and Joyce Bivd. Sidewalks are existing on Mail.Ave. and Joyce Blvd.
CUP 04-02.00: Conditional Use(Wal-Mart,pp557)located on U.S. Hwy 62, west
of I-540: My recommendation is for the construction of a six foot wide sidewalk
along U.S. Hwy 62 Street).
January 26,2004
: Planning Commission
CUP 04-03.00(Playhouse)
Page 1.11
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— CUP 013.00(Playhouse)
Page 1.12
FI LE
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St.
Fayetteville,AR 73701 -
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
May 15,2000
Ms.Cherrie Frazee
425 W. I1" Street
Fayetteville,AR 72701
Re: Home business for child care
Dear Ms.Frazee:
Thank you for contacting the Planning Division concerning your home day care. With this letter,I have included
several code sections from the City of Fayetteville Code of Ordinances which should assist you in determining the
requirements for operating in different locations.
Independent from the State licensing requirements for home day cares,the City has certain regulations that must
also be taken into account. The difference between a home occupation and a child care facility is the fust
determination that needs to be considered. A home occupation is defined as follows:
From Unified Development Ordinance Chapter 151-Definitions:
Home Occupation. (Zoning) An occupation,profession or avocation conducted in a dwelling unit on apart-time
or full-time basis for which financial compensation is received and which generates motor vehicle traffic to the
dwelling unit by patrons or clients of the occupation,profession or avocation conducted therein. Anon-traffic
generating occupation,profession or avocation conducted in a dwelling unit by one or more members of thefamily
occupying the premises shall be considered a residential use and not a commercial use. The term home occupation
shall include a child care facility handling not more than sir children at one time.
If your business does not meet this definition specifically,it cannot be considered a home occupation and must be
considered a child care facility. The requirements stated under§163.11 Child Care;Nursery School will apply to all
locations,however,the additional regulations for Home Occupations also apply to in-home facilities. You will
notice that the"additional regulations"for Home Occupations only apply to homes located in the R-1,Low Density
Residential zoning district. Your home is located in the R-2,Medium Density Residential district which means that
a conditional use will not be required for your facility if it in fact operates as a home occupation.
If you have additional questions,please feel free to contact me at 575-8264.
Sincerely,
4 - V lit/
Dawn T. Warrick
Associate Planner
H:IUSERSICOMMONIDA WN1L000Correpondencel marc T9t2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.13
§163.11 CHILD CARE; NURSERY SCHOOL. All such establishments shall he located on
lots which:
A. Minimum Area. Contain a minimum area of 250 square feet per child; and
B. Minimum Outdoor Play Space. Provide a minimum outdoor play space of 80 square
feet per child,calculated on the basis of the number of children occupying the outdoor play space
at one time_ Where any such use is located on a lot abutting an R or R-O district and where any
part of such use lies within 50 feet of such district boundary line,there shall be built along such
line a screening wallas provided in § 166.10.
C. Number of Children. In an R-1 zone,a child care facility may be approved as a
conditional use for no more than ten children, or the number of children approved by the State's
licensing board,whichever is fewer.
(Code 1991, 160.082; Code 1965,App. A,Art. 7(7); Ord.No. 1747,6-29-70;Ord.No. 2604,2-
19-80)
§163.19 HOME OCCUPATIONS. In any dwelling unit in anA-1, R-1, R-2, R-3 orR-0
district where home occupations are permitted, said home occupations shall not occupy more
than 30%of the gross floor area of one floor of said dwelling unit,nor more than 300 square feet
of the gross floor area,whichever is greater. These limitations shall not apply to foster family
care,or the providing of room or board as an accessory use only.Home occupations in an A-1,
R-1,R-2, R-3 or R-O district shall be subject to the following regulations:
A. Exterior Alterations.No exterior alterations of the structure may be made which are
of a nonresidential nature.
B. Sign/Evidence of Business. No advertising,display, storage or other external
evidence of business shall be permitted, except that for each dwelling unit with a permitted home
occupation, one unanimated,nonilluminated home occupation sign which identifies the home
occupation shall be permitted, if such sign is erected flat against a wall or door or is displayed in
a window, and does not exceed three square feet in area;provided no such sign shall be permitted
in an R-I district.
C. Employees. No person may be employed other than a member of the immediate
family residing on the premises.
D. Mechanical Equipment. No mechanical equipment may be used which creates a
disturbance such as noise,dust, odor or electrical disturbance.
K-IUSERMCOMMOMDAWN7L000Correspondenceljrwee_c wpd
January 26,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.14
E. Parking. No parking spaces other than normal residential parking spaces shall be
permitted.
F. Additional Regulations. Home occupations in an R-1 district shall be subject to the
following additional regulations:
1. Term. No conditional use permit for a home occupation in an R-1 district
shall be issued for a period exceeding one year, but such a permit may be for a period shorter
than one year. Upon expiration of a conditional use permit,the City Planner shall have the
authority to renew a conditional use permit for the same period as originally authorized, if the
City Planner has received no complaints or opposition from residents of the neighborhood in
which the home occupation is located. The City Planner may refer any proposed renewal of a
conditional use permit to the Planning Commission for final decision.
2. Hours. No home occupation shall be open to the public earlier than 7:30 a.m.
or later than 5:30 p.m.;provided,the Planning Commission may vary the restrictions imposed
hereby upon a determination that such a variance will not adversely affect the health, safety,
peace,tranquility, or welfare of the neighborhood in which the home occupation is located.
3. Traffic. No home occupation.shall be allowed in an R-1 district if the
Planning Commission determines that the home occupation would generate such excessive
traffic as would adversely affect the safety,peace, tranquility or welfare of the neighborhood.
(Code 1991, §160.085; Code 1965,App. A,Art. 7(10); Ord.No. 1747, 6-29-70; Ord.No. 2486,
11-21-78; Ord.No. 2605, 2-19-80; Ord.No. 3716, §3, 6-15-93)
H:I USERSICOMMOMDAWN712000Correspondencehrff,iu IM,2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.15
Child care facility vs. Home occupation
Child care facility
1. Conditional use in all residential zones(Use unit 4-Cultural and Recreational facility)
2. Limited to 10 children in R-1 zones
3. Refer to State Social Services for license
4. If keeping 11 or more children and furnishing meals,refer to County Sanitarian for
Health Dept. compliance
5. Home(or facility)must be inspected by Fire Marshall and Building Inspector before
issuance of Certificate of Occupancy
6. Certificate of Occupancy must be obtained after Planning Commission approval of
conditional use for facility in order for approval to be valid
7. Lot must contain min. 250 square feet of area per child
8. Outdoor play space must contain min. 80 square feet per child
9. Outdoor play space must be screened if it is within 50 feet of any property within R
district
Home Occupation
1. Permitted by right in R-2,R-3, and R-O districts-Certificate of Occupancy is still.
required
2. Max. of 6 children permitted
3. No one other than members of the family occupying the premises may assist
4. Home must be inspected by Fire Marshall and Building Inspector before issuance of
Certificate of Occupancy
5. Allowed only as conditional use granted by Planning Commission in R-I district with the
following additional conditions:
No signage permitted
— Hours of operation are limited
Valid only after issuance of Certificate of Occupancy
From Unified Development Ordinance Chapter 151-Definitions:
Home Occupation. (Zoning) An occupation,profession or avocation conducted in a dwelling unit on a part-time
or full-time basis for which financial compensation is received and which generates motor vehicle traffic to the
dwelling unit by patrons or clients of the occupation,profession or avocation conducted therein. A non-traffic
generating occupation,profession or avocation conducted in a dwelling unit by one or more members of the family
occupying the premises shall be considered a residential use and not a commercial use. The term home occupation
shall include a child care facility handling not more than six children at one time.
H I USERSICOMMONIDAWN7UNFOIcondRlona/usesjdlsffk jai 2004
Planning Commission
CUP 04-03.00(Playhouse)
Page 1.16
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CUP 04-03.00(Playhouse)
Page 1.17
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0 0.1 0.2 0.4 0.6 0.8 . CUP 04-03.00(Playhouse)
Mlles Page 1.19
FAYETTEVILLE PC Meeting Of January 26, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan,Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, Zoning&Development Administrator, A.I.C.P.
DATE: January•20, 2004
CUP 04-05.00: Conditional Use(Brian Turley,pp 398) was submitted by Alan Reid on behalf
of Brian Turley for property located on 51St Street,north of Wedington Drive. The property is
zoned RSF-4,Residential Single-family, 4 units per acre,and contains approximately 0.86 acres.
The request is to allow for construction of a duplex in an RSF-4 zoning district. Planner:
Suzanne Morgan
RECOMMENDED MOTION: Staff recommends approval of the requested conditional
use with the following conditions:
1. Prior to issuance of a Certificate of Occupancy the applicant shall coordinate with
the Solid Waste Division for appropriate solid waste disposal. Staff recommends the
use of a residential cart that may be wheeled to an appropriate location on collection
day only. Any solid waste containers shall be stored in a screened location except on
collection days.
2. Complete building plans shall be submitted to secure a building permit.
3. Payment of$720 in lieu of sidewalk construction as recommended by the Sidewalk
Coordinator. (See attached memo.)
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: January 26,2004
Comments:
The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without
exception by the entity requesting approval of this conditional use.
Name: Date:
K:IREPORTSI20041PCREPORTSI01-26-041CUP 04-05.00 RRMN TURLEY.DOC January 26,2004
Planning Commission
CUP 04-05.00(Brian Turley)
Page 2.1
BACKGROUND:
Property description: The subject property is located on 51St St.,north of Wedington Dr.and
Zion Christian Union Church, and zoned RSF-4. The property contains approximately 0.86 acres
with a lot width of approximately 118'. The required lot width for a single family dwelling is
70', and the lot width for a two-family dwelling is 80'. The property was originally part of lot 6
of Pond Addition. A conditional use permit for a tandem lot which split the original 2.09 acre
tract into two tracts of 0.86 and 1.23 acres.
Proposal: The applicant requests to build a 3000 square foot duplex on 0.86 acres in an RSF-4
zone.
Request: The request is to allow a duplex unit in an RSF-4 zoning district.
Recommendation: Staff recommends approval of the request to allow a duplex within the RSF-4
zoning district. The total density on the lot is less than four units per acre and is an appropriate
use between the Zion Christian Union Church to the south and surrounding single-family
dwellings.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family residential(Sage RSF-4, Residential Single Family, 4
Meadows subdivision) units per acre
South Single family residential R-A, Residential Agricultural
Zion Christian Union Church
East Single family residential RSF-4, Residential Single Family, 4
units per acre
West Single family residential RSF-4, Residential Single Family,4
units per acre
GENERAL PLAN DESIGNATION: Residential
§ 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
K.IREPORM0041PCREPORTMOI-26-041CUP 04-05.00BRIAN TURLEYDOC January 26,2004
Planning Commission
CUP 04-05.00(Brian Turley)
Page 2.2
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for a duplex in an RSF-4 zoning district.
2. The applicant shall payer filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under§ 161.07 to grant the
requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: Granting the requested conditional will not adversely affect the public. A
total density of three single family homes would be allowable on the 0.86
acres at the density of four units per acre.. The subject property has a lot
width of approximately 118' which is 22' less than required amount needed
for two single family dwellings. Thus,a duplex would not affect the overall
density of the surrounding property. In addition,a duplex is an appropriate
use between a Church and single family dwellings.
K IREPORTSI20041PC REPORTSIO7d6-041CUP 04-05.00 BRIAN TURLEY.DOC January 26,2004
Planning Commission
CUP 04-05.00(Brian Turley)
Page 2.3
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: Ingress and egress to the proposed duplex units shall be on 515`St. The
driveway(s) shall be compliant with driveway specifications with a minimum
10' between curb cuts and a maximum 24'wide driveway.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic,noise,glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: The off-street parking requirement for a duplex is two spaces per dwelling
unit. The applicant proposes to provide the required amount of parking in
garage space. Additional parking can be provided on the driveway.
(c.) Refuse and service areas,with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: Applicant shall coordinate with the Solid Waste division for appropriate
solid waste disposal. Staff recommends the use of residential carts to be used
and stored in the homes until the time for pickup.
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding:. Water and sewer lines shall be extended to serve the proposed dwellings.
K.WEPORM7004NC REPORTSI0I-26-04'CUP 04-0100 BRIAN TURLEYDOC January 26,2004
Planning Commission
CUP 04-05.00(Brian Turley)
Page 2.4
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: N/A
(£) Signs, if any, and proposed exterior lighting with
reference to glare,traffic safety,economic effect,
and compatibility and harmony with properties in
the district;
Finding: No signage is being proposed at this time.
(g.) Required yards and other open space; and
Finding: Applicant meets all setbacks and area requirements for a two-family
dwelling on a lot in an RSF-4 zoning district.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: The adjacent properties consist of single-family residential dwelling units
and cultural facilities. The proposal to utilize this lot for the development of
a two-family dwelling between these two uses is an appropriate transition
and does not increase the density beyond four units per acre.
K.IREPORM0041PCREPOR7SI0I-26-041CUP 04-05.00 BRIAN TURLEYDOC January 26,2004
Planning Commission
CUP 04-05.00(Brian Turley)
Page 2.5
161.07 District Rsf-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the
development of low density detached dwellings in suitable environments, as well as to protect
existing development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwelling
(2) Conditional uses.
Unit 2 City-wide uses by conditional use
permit
Unit 3 Public protection and utility
facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications
facilities
(C) Density.
Single-family Two-family
dwellings dwellings
Units per 4 or less 7 or less
acre
(D) Bulk and area regulations.
EaremSingle- Two-family
family dwellings
dwellings
a
70 ft. 80 ft.
8,000 sq. ft. 12,000 sq.
ft.
8,000 sq. ft. 6,000 sq. ft.
K.IREPORM0041PCREPORTSI07-26-041CUP 04-05.00 BRIANTURLEY.DOC January 26,2004
Planning Commission
CUP 04-05.00(Brian Turley)
Page 2.6