HomeMy WebLinkAbout2014-08-25 - Agendas - Final CITY OF
a e evl jq AGENDA
Y ARKANS
Planning Commission Meeting
August 25, 2014
5:30 PM
113 W. Mountain, Room 219
Members: Tracy Hoskins (Chair), Ron Autry (Vice Chair), Ryan Noble (Secretary), Sarah Bunch,
William Chesser, Kyle Cook, Craig Honchell, Janet Selby, and Porter Winston.
City Staff: Andrew Garner, City Planning Director
Call to Order
Roll Call
Consent
1. Approval of the minutes from the August 11, 2014 meeting.
Old Business:
RZN 14-4704• Rezone (NORTHEAST CORNER OF TREADWEI I STREET AND 11UNCAL1
Aa/E +41iEIHn, v€Y�ILL,522), Submitted by SPEC;I4LIZFD GROUP epel4y IeGated at
IsIGRTHFACT GORNFR OF TRCADIAIR I STRCCT AND DI ING-ALI A ENI IC The property
zoned RMF 40,
�€RIF)P 1TIA ^,
�1 0"ULT--I�TLI', 49 II41�,.,;� E� AGRF=TA— and P.A S
appreximately 1 GA n n The F est is terezone the r eFty to DG DQ"A/NTlI\A/LI GENERAL.
THE APPLICANT HAS WITHDRAWN THIS REQUEST Planner: Andrew Garner
New Business:
2. ADM 14-4826: Administrative Item (617 N. COLLEGE AVE./KONA COAST TACOS, 445):
Submitted by ABBIE ROSE for property located at 617 N. COLLEGE AVE. The property is zoned
C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.21 acres. The request is
for a Mobile Vendor Annual Permit. Planner: Jesse Fulcher
3. ADM 14-4835: Administrative Item (205 W. DICKSON ST./NOMAD'S NATURAL PLATE,
484): Submitted by RYAN DOVER for property located at 205 W. DICKSON ST. The property is
zoned MSC, MAIN STREET/COMMERCIAL and contains approximately 0.26 acres. The request
is for a Mobile Vendor Permit Annual Permit. Planner: Quin Thompson
4. ADM 14-4825: Administrative Item (600 N. MISSION BLVD./SARAH KATHRYN'S, 446):
Submitted by JIM & SARAH WADE for property located at 600 N. MISSION BLVD. The property
is zoned RSF-4, Residential Single-family, 4 units per acre and contains approximately 0.27
acres. The request is to amend conditional use permit 95-16 to allow for a single-chair salon in
the existing gift shop. Planner: Jesse Fulcher
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
5. VAR 14-4836: Variance Request (517 N. WALNUT AVENUE/MORTON, 446): Submitted by
CLAY MORTON for property located at 517 N. WALNUT AVENUE. The property is zoned RSF-
4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.20 acres.
The request is for a variance from streamside protection regulations.
Staff Engineer: Corey Granderson
6.VAR 14-4839: Variance Request(HIGHWAY 112 SOUTH OF VAN ASCHE INTERSECTION,
FELLOWSHIP CHURCH): Submitted by ENGINEERING SERVICES, INC. for property located
at HWY 112 SOUTH OF VAN ASCHE INTERSECTION. The property is zoned CS, COMMUNITY
SERVICES, and contains approximately 24.74 acres. The request is for a variance of the Access
Management and Non-residential Design Standards. Planner: Jesse Fulcher
7. RZN 14-4803: Rezone (INTERSECTION OF CHAMPION AND WINDSWEPT
DRIVES/SUMMIT PLACE S/D, 329): Submitted by BLEW AND ASSOCIATES for property
located at INTERSECTION AND ALONG CHAMPION AND WINDSWEPT DRIVES. The property
is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 13.23 acres. The
request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE. Planner: Jesse Fulcher
8. RZN 14-4807: Rezone (103 PLAINVIEW AVE./DANIEL, 213): Submitted by BLEW AND
ASSOCIATES for property located at 103 PLAINVIEW DRIVE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 3.34 acres.
The request is to rezone the property to R-0, RESIDENTIAL-OFFICE.
Planner: Quin Thompson
9. CUP 14-4805: Conditional Use (153 E. MONTE PAINTER DR./HEALTHSOUTH
EXPANSION, 251): Submitted by GRESHAM, SMITH, AND PARTNERS for property located at
153 E.MONTE PAINTER DR. The property is zoned R-O, RESIDENTIAL-OFFICE and contains
approximately 4.75 acres. The request is for a hospital in the R-O, Residential-Office zoning
district. Planner: Quin Thompson
10. CUP 14-4801: Conditional Use (6316 W. WEDINGTON DR./COX TAX SERVICES, 396):
Submitted by JAMES COX for property located at 6316 W. WEDINGTON DR. The property is
zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately
0.66 acres. The request is for an office use in a residential district. Planner: Quin Thompson
11. VAR 14-4752: Variance (324 W. DICKSON ST./SMOKE AND BARREL, 484): Submitted
by EVAN MCDONALD for property located at 324 W. DICKSON ST. The property is zoned MS/C,
MAIN STREET/CENTER and contains approximately 0.74 acres. The request is for a parking
variance to pay money in-lieu for removing six parking spaces.
Planner: Jesse Fulcher
The following items have been approved administratively by staff:
None
Adjourn
2
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 your name and address.Address your comments
to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed
official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the
agenda item being considered so that everyone has a chance to speak.
Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour
notice is required. For further information or to request an interpreter, please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda and other pertinent data are open and available for inspection
in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested
parties are invited to review the petitions.
3
CITY OF
Taye ARKeAN SAS le MINUTES
AN
Planning Commission
August 11, 2014
5:30 PM
City Administration Building in Fayetteville, AR, Room 219
Members: Tracy Hoskins - Chair, Ron Autry- Vice-Chair, Ryan Noble — Secretary, William
Chesser, Kyle Cook, Craig Honchell, Porter Winston, Janet Selby, and Sarah Bunch
City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin
Thompson — Planner, Glenn Newman — Development & Construction Manager, Cory
Granderson — Staff Engineer, and Kit Williams —City Attorney
1. Call to Order: 5:30 PM, Tracy Hoskins
2. In Attendance: Tracy Hoskins, Craig Honchell, Kyle Cook, William Chesser, Porter
Winston, Sarah Bunch, and Ron Autry
Absent: Ryan Noble and Janet Selby
Staff: Jesse Fulcher, Quin Thompson, Corey Granderson, and Kit Williams
3. Approval of the minutes from the July 28, 2014 meeting.
CCP 14-4787: Concurrent Plat (4124 E. MISSION BLVD./VENEMA, 610): Submitted by
KIMBERLY PUCKETT for property located at 4124 E. MISSION BLVD. The property is in
the FAYETTEVILLE PLANNING AREA and contains approximately 8.35 acres.The request
is to re-plat 1 existing lot into 4 single lots approximately 2.36, 2.30, 2.31, and 1.45 acres
each.
Motion:
Commissioner Chesser made a motion to approve the consent agenda. Commissioner
Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0
Mailing Address: Planning Commission
113 W. Mountain Street www.fayetft6olil2k,.OP
Fayetteville,AR 72701 Agenda Item 1
8-11-14 Minutes
Page 1 of 9
4. New Business:
LSP 14-4804: Lot Split (LOT 14—INDUSTRIAL PARK WEST/PACIFIC VET GROUP, 447):
Submitted by CITY STAFF for property located at LOT 14 IN INDUSTRIAL PARK WEST. The
property is zoned 1-2, GENERAL INDUSTRIAL and contains one tract totaling approximately
37.06 acres. The request is to split the property into two tracts containing approximately 24
and 13.06 acres each and for a variance to create a lot without frontage on a public water line.
Jesse Fulcher, Senior Planner, read the staff report.
No public comment was presented.
Kit Williams, City Attorney, stated that keeping the land separate will allow the City to protect
it from development.
Motion:
Commissioner Chesser made a motion to approve LSP 14-4804 as recommended by
staff. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
August 25,214
Agenda Item 1
8-11-14 Minutes
Page 2 of 9
LSD 14-4791: Large Scale Development (3500 W. BLACK FOREST DR./STARBUCKS
CENTER, 440): Submitted by MORRISON-SHIPLEY ENGINEERS for property located at
3500 W. BLACK FOREST DR. The property is zoned R-PZD, RESIDENTIAL PLANNED
ZONING DISTRICT, and contains approximately 1.19 acres. The request is for construction
of a 6,176 square foot building and associated parking.
Jesse Fulcher, Senior Planner, read the staff report.
No public comment was presented.
Motion:
Commissioner Winston made a motion to approve LSD 14-4791. Commissioner Cook
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
August 25,214
Agenda Item 1
8-11-14 Minutes
Page 3 of 9
CUP 14-4699: Conditional Use (EAST MISSION BLVD./MISSION BLVD DEVELOPMENT,
370/371): Submitted by ECOLOGICAL DESIGN GROUP for property located at E. MISSION
BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION, CS, COMMUNITY
SERVICES, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 15.94 acres. The request is for a conditional use permit to create seven tandem
lots and six townhouse lots (two, three-family dwellings) within the development.
PPL 14-4698: Preliminary Plat (EAST MISSION BLVD./MISSION BLVD
DEVELOPMENT, 371): Submitted by ECOLOGICAL DESIGN GROUP for property located
on E. MISSION BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION,
CS, COMMUNITY SERVICE, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 15.94 acres. The request is for a 63 lot residential
subdivision.
Jesse Fulcher, Senior Planner, read the staff report for both projects.
Laurence Fine, applicant, stated that the density has been reduced from the Ruskin Heights
project, but that it's still a very walkable neighborhood. A covenant has been added to protect
trees on private lots as discussed at Subdivision Committee.
Ken Eastin, Urban Forester, stated that canopy on the north side of street will be impacted
by this phase. Mitigation is required in this phase of development.
Commissioner Cook stated that they discussed trees and street condition at the Subdivision
Committee meeting.
Commissioner Winston stated they discussed the detention pond at the Subdivision
Committee meeting.
Glenn Newman, Staff Engineer, stated that the detention pond didn't need to be redesigned
from Subdivision Committee.
Commissioner Hoskins stated that the Bill of Assurance is still in place from the rezoning.
Public comment:
Joann Kvamke, neighbor, stated she wanted to see the next phase of the development, the
whole project needs to be determined now to allow proper detention design, asked if the
tree analysis plan was based on current tree canopy or pre-Ruskin Heights. Mayor Coody
stated during the Ruskin Heights project that the road to Greenview would be a right turn
only.
Fred Sherman, neighbor, stated that it's very difficult to access Mission and that a traffic
light should be looked at.
Don Conner, neighbor, stated they don't know if this project is less dense or not without
seeing the rest of the development plan, the road to Greenview needs to be right turn only.
The schools in the area are full. What plans are there for the houses? Did they conduct a
new traffic study?
Planning Commission
August 25,2414
Agenda Item 1
8-11-14 Minutes
Page 4 of 9
Jonelle Booth, neighbor, asked how tall the houses can be? Concerned about drainage.
Cynthia Parker, neighbor, stated she was happy with the density over the last project.
James Sledge, neighbor, asked about the size of the second detention pond, for
clarification on tandem lots and to clarify the connection to Greenview.
Daniel O'Donnell, neighbor, stated he would like to see full project, there are drainage and
sewer problems up the hill, no curb or gutters on their streets. Would like to know if retaining
wall construction is review, Concerned with cutting into the hillside below their properties.
Latrie Sherman, neighbor, would like to know about on-street parking, phase two of project
and use of greenspace.
Ron Whorton, neighbor, stated that property is ill-suited for development, no one wants
commercial on the property by Mission, homes should all be owner-occupied.
No more public comment was presented.
Commission Hoskins asked Urban Forestry to discuss the trees.
Eastin stated that a new inventory was taken for this project. Some canopy has grown up
since the Ruskin Heights projects. Is unaware of any past mitigation requirements.
Commission Hoskins asked if Rusking Heights was over five years old.
Newman stated that the project is over five years old and expired.
Commission Hoskins stated that the Commission is only looking at phase one at this time
and asked Engineering about detention.
Newman stated that the ponds are designed for all future phases, based on planned
development pattern. The engineers for the project are going back to the original drainage
patterns prior to Ruskin Heights to determine appropriate detention design for this project.
Commissioner Hoskins asked staff to address the traffic study and turn lane questions.
Newman stated that this phase of development is much less dense than the same area
proposed in Ruskin Heights. No additional street improvements are being recommended at
this time, given what improvements have already been completed.
Commission Hoskins asked staff to address the retaining walls.
Newman stated that all retaining walls over 4 feet in height must be designed by an
engineer. All homes within the Hillside/Hilltop District will have an engineered foundation
and grading permits.
Commissioner Hoskins asked about home height.
Fulcher stated that the maximum height is 45 feet.
Planning Commission
August 25,7014
Agenda Item 1
8-11-14 Minutes
Page 5 of 9
Commissioner Chesser asked about allowing a traffic signal on Mission.
Newman stated that it's a state highway and approval must be granted by AHTD for a new
traffic signal. The Ruskin Heights project, which was much more dense, did not warrant a
traffic signal on Mission.
Commission Chesser discussed the use of tandem lots in the development. The layout
and use of them in this case are unique. Can staff address ownership and design of homes?
Fulcher stated that the city can't require the homes to be owner-occupied or control the
number of bedrooms.
Commissioner Chesser asked about on-street parking.
Newman stated that some of the streets are designed to allow on-street parking and all
streets must meet the minimum fire code requirement of 20 feet. The engineer provided an
auto-turn analysis and provided some roll-over curbs for the fire department.
Commissioner Chesser stated he would like more density in this location.
Commissioner Bunch asked about the sidewalk on Mission.
Newman stated the sidewalk in front of the project will be widened to 12 feet as a trail
segment.
Commission Winston noted asked about the detention pond being used by the
neighborhood.
Fine stated that the pond is for detention, but it's designed so it can be used as a passive
recreation area for the neighborhood.
Commission Chesser clarified that he's had no involvement in the project, since it was
Ruskin Heights, which he worked on.
Motion:
Commissioner Chesser made a motion to approve CUP 14-4699 and PPL14-4698 as
recommended by staff. Commissioner Autry seconded the motion. Upon roll call the
motion passed with a vote of 7-0-0.
Planning Commission
August 25,20014
Agenda Item 1
8-11-14 Minutes
Page 6 of 9
RZN 14-4794: Rezone (NORTHEAST CORNER OF TREADWELL STREET AND
DUNCAN AVENUE/HARVEY'S HILL, 522): Submitted by SPECIALIZED GROUP for
property located at NORTHEAST CORNER OF TREADWELL STREET AND DUNCAN
AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER
ACRE and contains approximately 1.54 acres. The request is to rezone the property to DG,
DOWNTOWN GENERAL.
Jesse Fulcher, Senior Planner, the applicant would like to table this request.
Seth Mims, applicant, asked the commission to table the request until the next meeting.
Motion:
Commissioner Winston made a motion to table RZN 14-4794. Commissioner Chesser
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
August 25,2D14
Agenda Item 1
8-11-14 Minutes
Page 7 of 9
RZN 14-4793: Rezone(SW CORNER OF N. STEELE BLVD.AND W.JOYCE BLVD./CMN
BUSINESS PARK, 173): Submitted by SPECIALIZED GROUP for property located at SW
CORNER OF N. STEELE BLVD. AND W. JOYCE BLVD. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 14.01 acres. The request is
to rezone the property to C-3, CENTRAL COMMERCIAL
Quin Thompson, Current Planner, read the staff report.
No public comment was presented.
Seth Mims, Applicant, said that his company was planning a development on the site
comprised of multi-family housing and some commercial use. He said that he believes in
Urbanism, and strives to include urban design principles in his projects, but that in this case a
form based code such as CS [Community Services]would not be feasible due to large existing
easements and challenging topography as noted by staff.
Kit Williams, City Attorney, made the applicant aware that the City of Johnson would also
have to approve the request before the rezone would be effective.
Mims indicated that the request was on an upcoming City of Johnson agenda already.
William Chesser, Commissioner, said that he supported the request, finding that more
residential use in the area was supported by the City Plan 2030, and that currently there was
no significant pedestrian traffic in the area, a condition which he hoped that residential
development would improve.
Tracy Hoskins, Chair, asked staff if a Conditional Use Permit was still available if the City of
Johnson denied the request.
Jesse Fulcher, Senior Planner, said that in fact multi-family residential was not a use allowed
by CUP in the C-2 zone, but it is allowed as an accessory use alongside commercial
development, and limited to 50% of the square footage of the overall commercial
development.
Motion:
Commissioner Chesser made a motion to forward RZN 14-4793 to City Council with a
recommendation for approval. Commissioner Honchell seconded the motion. Upon roll
call the motion passed with a vote of 7-0-0.
Planning Commission
August 25,2014
Agenda Item 1
8-11-14 Minutes
Page 8 of 9
5. Reports: No reports
6. Announcements: No announcements
7. Adjournment Time: 7:08 PM
8. Submitted by: City Planning Division
Planning Commission
August 25,2914
Agenda Item 1
8-11-14 Minutes
Page 9 of 9
CITY OF
ayevi le PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jesse Fulcher, Senior Planner
MEETING DATE: August 25, 2014
SUBJECT: ADM 14-4826: Administrative Item (617 N. COLLEGE AVE.1KONA
COAST TACOS, 445): Submitted by ABBIE ROSE for property located at
617 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 0.21 acres. The request is for
a Mobile Vendor Annual Permit.
RECOMMENDATION:
Staff recommends approval of ADM 14-4826.
BACKGROUND:
The subject property is located at the southwest corner of the intersection of Trenton Boulevard
and College Avenue, at the eastern border of the Wilson Park Neighborhood. The site was
originally developed with a commercial structure and associated parking. According to
Washington County property records, the structure was removed in 1988; however, the parking
lot remains on the property. Over the past four years there have been a number of outdoor
mobile vendors on this property, primarily operating out of airstream trailers that the property
owner leases to small and start-up businesses.
DISCUSSION:
Request:The applicant requests an Annual Mobile Vendor Permit for location on private
property. The business has been in the requested location since August 2013, when a 90-day
permit was approved by staff. The Planning Commission approved a variance on December 9,
2013 to allow this vendor to stay on the property until November 30, 2014 (ADM 13-4542).
RECOMMENDATION:
Staff recommends approval of ADM 14-4826.
Condition of Approval:
1. The license shall be valid for 365 days from the date of expiration of ADM 13-4542, allow this
business to remain in its current location until November 30, 2015.
Mailing Address: Planning Commission
113 W. Mountain Street WWW.f A ���1 mz gov
Fayetteville,AR 72701 14-4826 Kona Coast Tacos
Page 1 of 12
PLANNING COMMISSION ACTION: Required
Date: August 25, 2014 0 Tabled O Forwarded O Denied
Motion: Second: Vote:
Notes:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Chapter 178.04
• Request Letter
• Application
• One Mile Map
• Close Up Map
FINDINGS OF THE STAFF
178.04 Outdoor Mobile Vendors Located On Private Property
(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: Staff finds that the business operates from a vehicle that is well-maintained, and
that the surrounding area is clean. To the knowledge of staff this business has
operated from this location without creating 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
14
WETC\Development Services Review\2014\Develo ment Review\14-4826 ADM(Kona Coast\03 Plamn Commissiom04-Aagust It 2
P Coast)\03 �,enda Item 2
2014\Comments and Redlines 14-4826 Kona Coast Tacos
Page 2 of 12
Finding: Staff finds that the applicant does not match or duplicate the primary food or
beverage offerings of adjacent properties or properties across the street. The
applicant submitted a sample menu confirming this finding.
Planning Commission
14
G:\ETC\Development Services Review\2014\Development Review\144826 ADM(Kona Coast)\03 Planning Commission\04-gustnda Item
2
em 2
2014\Comments and Redlines e
14-4826 Kona Coast Tacos
Page 3 of 12
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
gust 25,
G:\ETC\Development Services Review\2014\Development Review\14-4826 ADM(Kona Coast)\03 Planning Commission\04-4- tenda Item 24
2014\Comments and Redlines 14-4826 Kona Coast Tacos
Page 4 of 12
(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
14
G:\ETC\Development Services Review\2014\Development Review\14-4826 ADM(Kona Coast)\03 Planning Commission\04-gustenda Item
2
em 2
2014\Comments and Redlines
14-4826 Kona Coast Tacos
Page 5 of 12
Kona Coast LLC
617 hl College Ave
Fayetteville Arkansas 72703
Kona Coast LLC is a restaurant in the Yacht Club on College mobile vendor court serving a
variety of tacos,sides, and scratch made lemonade and I imeades.
Menu items include:
Fish faros(fried and grilled)
Braised pork tacos
Beer battered avocado tacos
Ginger-soy chicken tacos
Shrimp lacus
Flack beans
Corn salad
Pineapple Salsa
Pico De Gallo
Pickled pink onions
Salsa verde
We strive to think outside the box when it comes to what goes inside of a tortilla, making
everything from scratch and sourcing as much local produce as possible. We are open For lunch
Tuesday through Saturday.
Planning Commission
August 25,2014
Agenda Item 2
14-4826 Kona Coast Tacos
Page 6 of 12
14 -4820
$100 Fee
s�3y J ARKANSAS AUG Qg 20M
OF
MOBILE VENDO
PLEASE CHECK THE APPLICABLEPERMIT TYPE BELOW
/
_MOBILE VENDOR(6 MONTH PERMIT) /MOBILE VENDOR(ANNUAL PERMIT)
(Administrative Review) (Planning Commission Review)
Please fill out this form completely,supplying all necessary information and documentation to support your request.
Your application will not be considered complete orprocessedfor review until all necessury information is
furnished.
Application:
Business/Vendor Name: L140nd. I• MI WL
E-matt: VOO&CA .S��1 .� q.l t COVK �1
Address:_IIpgL�i _ is4r VLi�V•6Vs.�
phone:, �M ,1- -O0 1 0
Vending Location/Address! LP t-1 I,'[[•
'F M
Product for Sale or Service Offered(Describe): r 1. '' I rr I
7 1. Food/Beverage: (attach a menu if avadnble1Y00j1rw ratN�l �1Shef7st
rjtp,L4 0 n GrN �oG 7ernowlc�zs
2. Product:
3. Service:
Products for sale by permanent businesses located immediately adjacent to and on the same side of the street:
Permanent Business Name Address Products for Sale
SaFru T� d�l l✓ uun h a menu il'nvailable
Description of Mobile Device or other structure to be utilized for conducting the bminess.-B-)c t$
Planning Commission
August 25,2014
Agenda Item 2
14-4826 Kona Coast Tacos
Page 7 of 12
Square Feet of Mobile Device or Structure: T1s X to,
Description of any additional structures to be used in conducting the business,in tdi ug but not limited to stairs,
decks,tents,or enclosures:(food truck,trailer,table,terrt,otc.) '?1 G Kkl U6
log ar�.F ova AA 1, `
Number of parking spaces on the property: I
Describe parking on the property(i.e.,shared parking lot,vacant parcel,etc.)_. A'v[fd 0�_ Lb'�"
Arkansas Sales and Use Tax ID Number: tiS4 l2 D$ 1—,5 d
Date of Approval by the Arkansas Department of Health(attach a copy of the permit) 10$0 `30
APPLICANT/VENDOR:I certify under penalty of perjury that the foregoing statements and answers herein mane.
all data,information,and evidence herewith submitted are in all respects,to the best of my knowledge and belief,
true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of
application completeness,determination,or approval. I understand that the City might not approve what I am
applying for,or might set conditions of approval.
NAME(PRINTE t 2(752. Date:
Simnaturc:
PROPERTY OWNER(S):I/we certify under penalty of perjury that I am/we are the owner(s)of the property that is
the subject of this application and that Uwe have read this application and consent to its filing.Further,I/we certify
that permission is hereby given to the apphcant/vendor listed above for the operation of an Outdoor Mobile Vendor
business on thesubjectproperty,as described herein.
NAME(FRiNI rt.I)): L f cit\ Unit's
S�enaunc:_ +��fl`
Planning Commission
August 25,2014
Agenda Item 2
14-4826 Kona Coast Tacos
Page 8 of 12
Square Feet of Mobile Device or Structure:
Description of any additional structures to be used in conducting the business,including but not limited to stairs,
decks,tents,or enclosures:(food buck,trailer,table,tent,etc.)
Number of parking spaces on the property:
Describe parking on the property(i.e.,shared parking lot,vacant parcel,etc.) .,
Arkansas Sales and Use Tax ID Number:
Date of Approval by the Arkansas Department of Health(attach a copy of the permit)
APPLICANT/VENDOR:I certify under penalty of perjury that the foregoing statements and answers herein made,
all data,information,and evidence herewith submitted are in all respects,to the best of my knowledge and belief,
true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of
application completeness,determination,or approval. I understand that the City might not approve what 1 am
applying for,or might set conditions of approval.
NAME(PRINTED): Datc:
Sienature:
PROPERTY OWNER(S):I/we certify under penalty of perjury that 1 andwe are the owner(s)of the property that is
the subject of this application and that I/we have read this application and consent to its tiling.Further,I/we certify
that permission is hereby given to the applicant/vendor listed above for the operation of an Outdoor Mobile Vendor
business on the subject 1)mpertq,as described herein.
1..nn ffnn _ r 1 y
NAME Date: e-�y Dl7
Si ure:
Planning Commission
August 25,2014
Agenda Item 2
14-4826 Kona Coast Tacos
Page 9 of 12
■
�
[IQ° q\\
1 f !
13 _ G
�
_ _IAL ___,
(/ 0 ) : »
k2j :. 1 :
{■
» \
/\ _ ww
Planning
. \w
Commission
August a»,
Agenda Item
14-4826 Kona Coast Tac
meow,
ADM 14-4826 KONA COAST TACOS
Close Up View
OilOgpEGT ST
EI
- ,tet t uI� LII'
W tir ii 1• ff
a
ki
Y r
',-tr I_
AlP Jr
RA ST
q��'
SUBJECT P*OPERT
LOUISE ST J -' I-1 -'
jj
I f Vtl
.I
-
�I l _ _I �_ I _ •Y,
•�� - DAVIDSON ST - - - -
DAVIDSON ST � �-
u it
a
N > r
pr O
LL it ��l
w
a l` Z,
F
t c.-•=. , 7fLLEY 619 �
Legend
-
9 I 1
•• ....... Multi-Use Trail (Existing
r '
^•• •^• Future Trails
A MAPLEST
AVeNiewFayetteville City Limits
L- - -I
_ Footprints 2010
_ Hillside-Hilltop Overlay District
Design Overlay D strict
Design Overlay D stritc
0 75 150 300 45D 600
------ PlanningArea Feet Planning Commission
August 25,2014
gena em
14-4826 Kona Coast Tacos
Page 11 of 12
.176W.
I rI L1
Ll
wo
_ �• w4 . -...-� i1 y _1_1
L� 1j
11 I
I w•I
1 v �
`J
1 f 1 !' •�' � r 'i
CITY OF
ayev*1 le PLANNING COMMISSION MEMO
Y ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Current Planner
MEETING DATE: August 25, 2014
SUBJECT: ADM 14-4835: Administrative Item (205 W. DICKSON ST./NOMAD'S
NATURAL PLATE, 484): Submitted by RYAN DOVER for property
located at 205 W. DICKSON ST. The property is zoned MSC, MAIN
STREET/COMMERCIAL and contains approximately 0.26 acres. The
request is for a Mobile Vendor Annual Permit.
RECOMMENDATION:
Staff recommends approval of ADM 14-4835.
BACKGROUND:
The property is located at the southwest corner of Dickson and Church Streets and contains
approximately 0.26 acres within the MSC zoning district. The site contains an existing building
with a coffee shop and independent bookseller. The applicant business, Nomad's Natural Plate
has operated on this site for more than two and one half years.
On September 19, 2012, the business received a permit to operate as a mobile vendor on private
property for 90 days under UDC 178.04.
On December 13, 2012, the business received a variance (ADM 12-4286) to operate as a mobile
vendor on private property for 365 days from the date of original permit (September 19, 2012.)
This permit expired on September 19, 2013. The administrative variance was approved allowing
this vendor to operate in the location proposed without additional parking requirements.
On June 12, 2014, the business received a six-month permit from City Planning staff to operate
on the property, expiring on December 31, 2014.
The business is under new ownership and is seeking an annual permit to operate on the property.
DISCUSSION:
Request: The applicant requests a Mobile Vendor Permit in the same location at 205 W.
Dickson Street as previously approved and in operation since 2012.
RECOMMENDATION:
Staff recommends approval of ADM 14-4835, with the following condition:
Mailing Address: Planning Commission
113 W. Mountain Street w ar. ov
Fayetteville, AR 72701 ge a em - g
144835 Nomad's Natural Plate
Page 1 of 11
Conditions of Approval:
1. The annual permit shall be valid for 365 days from the date of initial approval of the current
ongoing permit to expire on June 12, 2015.
PLANNING COMMISSION ACTION: Required
Date: August 25, 2014 OTabled O Approved O Denied
Motion: Second: Vote:
Notes:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Request Letter
• Site plan
• Vendor photograph
• Sample menu
• One Mile Map
• Close Up Map
FINDINGS OF THE STAFF
178.04 Outdoor Mobile Vendors Located On Private Property
(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: As noted in the background information above, the original administrative
variance was approved without additional parking. Per City code two new parking
spaces would have been required for this food truck.
Planning Commission
Au ust 25,2014
G\ETC\Development Services Review\2014\Development Review\14-4835 ADM 205 W. Dickson St. (Nomads Food Trin a Item 3
Planning Commission\08-25-2014\Comments and Redlines 144835 Nomad's Natural Plate
Page 2 of 11
(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: Staff finds that the business operates from a vehicle that well-maintained, and
that the surrounding area is clean. To the knowledge of staff, this business has
operated from this location for more than two years without creating dangerous
traffic conditions.
(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: Staff finds that the applicant does not match or duplicate the primary food or
beverage offerings of adjacent properties or properties across the street. The
applicant submitted a sample menu confirming this finding.
Planning Commission
August 25,2014
GAETC\Development Services Review\2014\Development Review\14-4835 ADM 205 W.Dickson St. (Nomads Food TnuASA,Item 3
Planning Commission\08-25-2014\Comments and Redlines 144835 Nomad's Natural Plate
Page 3 of 11
UDC Chapter 178.04: Outdoor Mobile Vendors Located On Private Property
(A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors
and mobile vendor courts to operate on private property while ensuring such use is compatible
with nearby properties, fosters an aesthetically appealing streetscape and does not create a
dangerous traffic condition.
(B) Mobile Vendor Six Month Permit. Mobile vendors are allowed to operate on a temporary basis
for a maximum of six months in one location during a calendar year with administrative
approval of the Planning Division. Mobile vendors utilizing a six month permit may request to
relocate to a different site at least one quarter mile (1,320 feet) from the original location after
this—six month period has expired. However, a new mobile vendor application shall be
reviewed and approved by the Planning Division for every new location. This permit will expire
six months from the date issued and the mobile vending unit shall be removed from the
property. The mobile vendor owner also has the option of requesting an annual permit from
the Planning Commission at or before the end of their initial six month permit time period.
(1) A six month permit for a mobile vendor business shall be approved and issued
administratively by the Planning Division after making the following determinations:
(a) All of the requirements of 178.04(D) have been met.
(b) The applicant has established that the operation of the mobile vendor will foster an
aesthetically appealing streetscape and will not create or worsen a dangerous traffic
condition.
(c) The mobile vendor business shall not match or duplicate the primary food or beverage
offerings sold by permanent businesses located upon property immediately adjacent
to and on the same side of the street as the proposed mobile vendor, unless the mobile
vendor predates the aforementioned permanent businesses.
(C) Mobile Vendor Annual Permit. Mobile vendors are allowed to locate for one year in the
same location with approval of the Planning Commission as an administrative item. After the
one year period has expired the mobile vendor may move to another location or may request
a one year renewal from the Planning Commission.
(1) An annual mobile vendor permit may be issued by the Planning Commission after making
the following determinations:
(a) All of the requirements of 178.04(D) have been met.
(b) The applicant has established that the operation of the mobile vendor will foster an
aesthetically appealing streetscape and will not create a dangerous traffic condition.
(c) The mobile vendor business shall not match or duplicate the primary food or beverage
offerings sold by permanent businesses located upon property immediately adjacent
to and on the same side of the street as the proposed mobile vendor, unless the mobile
vendor predates the aforementioned permanent businesses.
Planning Commission
Au ust 25,2014
G:\ETC\Development Services Review\2014\Development Review\14-4835 ADM 205 W. Dickson St.(Nomads Food TrU04a Item 3
Planning Commission\08-25-2014\Comments and Redlines 144835 Nomad's Natural Plate
Page 4 of 11
(D) Mobile Vendor Permit Requirements. All mobile vendors located on private property with
Six Month or Annual Mobile Vendor Permits shall meet the following requirements and submittals
prior to approval:
(1) Each application for a permit to conduct a mobile vendor business on private property
shall be accompanied by a $100 permit review and processing fee. Mobile vendor permits
shall be issued to the owner of the mobile vendor vehicle.
(2) Application for a permit to conduct a mobile vendor business shall include the following
items in a format acceptable to the Planning Division:
(a) Name, address, contact information and signature of both the property owner and the
mobile vendor requesting to locate on private property.
(b) A valid copy of all necessary permits required by State and County health authorities
which shall be conspicuously displayed at all times during the operation of the
business.
(c) Proof of application for remittance of HMR tax to the City of Fayetteville, when
applicable.
(d) A detailed site plan roughly drawn to scale showing the location of the property lines,
each mobile vendor location, building setback lines, vehicle parking spaces, the
sidewalk location and any proposed dining or sitting areas.
(e) Written authorization, signed by the property owner or legal representative of record,
stating that the mobile vendor is permitted to operate on the subject property for a
specified period of time.
(3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all
applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash
receptacles.
(4) The mobile vendor permit issued shall not be transferable in any manner.
(5) The mobile vendor permit issued shall be conspicuously displayed at all times during the
operation of the mobile vending business.
(6) The proposed use must be a permitted use-by-right within the underlying zoning district.
(7) Mobile vendors shall maintain compliance with parking lot requirements for the existing
business and the proposed mobile vendor business. The number of required parking
spaces is determined by the use and size of the proposed mobile vendor business and by
the use and size of the existing business. The use of parking for a mobile vendor may not
reduce the number of spaces below the minimum required for other uses occurring on the
property. The location of the mobile vendor shall not impede traffic flow or create a
dangerous traffic condition, as determined by Planning Division upon review of the site
plan.
(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
Au�g,u,,st 25,2014
G:\ETC\Development Services Review\2014\Development Review\14-4835 ADM 205 W. Dickson St.(Nomads Food TrueuLza Item 3
Planning Commission\08-25-2014\Comments and Redlines 144835 Nomad's Natural Plate
Page 5 of 11
Slone, Amy
From: Mitchell Alan <nomadsnaturalplate@gmail.com>
Sent: Monday,August 11, 2014 9:58 AM
To: Slone,Amy
Subject: Re:your vendor permit
Attachments: Scan.pdf;IMG_20140805_151343125jpg;IMG_20140805_151355750jpg
Amy,
Sorry about the delay. I have signed the property owner segment and attached pictures as well. There are no
brick and mortar establishments directly adjacent to us. US pizza is however across Dickson from us.
Thanks
Ryan Dover
On Thu,Jul 31, 2014 at 3:20 PM, Slone,Amy<aslonegfavetteville-ar.gov>wrote:
Ryan,
Please provide the property owner's signature. I have attached a blank 2"d page of the application. We also
need pictures of the truck to put with your application. Please also verify whether there are any adjacent brick
and mortar food businesses near you. Once we have those items we wilt put you on the next available
Planning Commission agenda to request a one year permit. Let me know if you have any questions,
Amy Slone
Planning Technician
Development Services
City of Fayetteville
T 479.575.8264
Facebook I Twitter I Yodrube
CITY OF
Fayevlle
NSAS
www.fayettevillear.gov
1
Planning Commission
August 25,2014
Agenda Item 3
144835 Nomad's Natural Plate
Page 6 of 11