HomeMy WebLinkAbout2010-01-11 - Agendas - FinalPlanning Commission Planning Commissioners
Officers
Sean Trumbo, Chair
Audy Lack, Vice -Chair
Matthew Cabe, Secretary
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ARKANSAS
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
January 11, 2010
James Graves
Craig Honchell
Jeremy Kennedy
Christine Myres
Porter Winston
Jim Zant
A meeting of the Fayetteville Planning Commission will be held on January 11, 2010 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
Agenda Session Presentations, Reports and Discussion Items:
1.Administrative item for New Commercial Zoning Districts is scheduled for the January 25, 2010
Planning Commission meeting.
2. Ordinances changes to the Development Review Process and Parking requirements were
approved by City Council on December 15, 2009 and will be in effect starting January 15, 2010.
Consent:
1. Approval of the minutes from the Monday, December 14, 2009 meeting.
New Business:
2. CUP 09-3487: (MT. COMFORT CHURCH OF CHRIST, 444): Submitted by STEPHEN
DAVIS for property located at 608 N. STORER AVENUE. The property is zoned RMF -40,
MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.33 acre. The request is for
Use Unit 4, Cultural and Recreational Facilities, for a campus ministry use in the RMF -40 zoning
district. Planner: Dara Sanders
3. CUP 09-3488: (KIMBERLY TAYLOR / 836 S. HILL, 561): Submitted by KIMBERLY
TAYLOR for property located at 836 S. HILL AVENUE. The property is zoned RMF -24,
MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.25 acre. The request is for
Use Unit 25, Professional Office, in the RMF -40 zoning district for a chiropractic office
occupying approximately 380 square feet of the 2,970 square foot single family home.
Planner: Andrew Garner
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.
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ARKANSAS
PC Meeting of January 11, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: January 5, 2010
CUP 09-3487: (MT. COMFORT CHURCH OF CHRIST, 444): Submitted by STEPHEN
DAVIS for property located at 608 N. STORER AVENUE. The property is zoned RMF -40,
MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.33 acre. The request is for
Use Unit 4, Cultural and Recreational Facilities, for a campus ministry use in the RMF -40 zoning
district. Planner: Dara Sanders
BACKGROUND:
Property Description and Background: The subject property is located at 608 North
Storer Avenue, north of Maple Street, and contains one structure that is occupied by the
Jewish Student Association. The University of Arkansas has owned the property since at
Least the 1940s and has been utilized for cultural and recreational uses since development.
Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zonin
Direction from Site
Land Use
Zoning
North
Multi -family residential
RMF -40, Residential Multi -family, 40 du/acre
South
Multi -family residential
RMF -40, Residential Multi -family, 40 du/acre
East
Church
RMF -40, Residential Multi -family, 40 du/acre
West
University parking lot
RMF -40, Residential Multi -family, 40 du/acre
The Mount Comfort Church of Christ, a campus ministry group, is located at 535 North
Storer Avenue, just south of the subject property. This site has been utilized continuously
as a campus ministry since 1964, as stated by the applicant.
Proposal: The applicant proposes to relocate the existing Mount Comfort Church of
Christ student group (Razorbacks for Christ) from 535 North Storer Avenue to 608 North
Storer Avenue, replacing the existing use of the same type and nature on the property.
The student group hosts weekly activities every Tuesday evening and Friday afternoon
and small group sessions or special events at various times of the year.
Request: The request is for conditional use approval to operate Use Unit 4 (Cultural and
Recreational Uses) in the RMF -40 zoning district. The applicant also requests approval of
a shared parking agreement associated with the requested conditional use permit in order
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 1 of 18
to provide off-site parking for the proposed use.
RECOMMENDED MOTION:
Based on the findings within this report, staff recommends approval of the request,
subject to the following conditions:
1. Planning Commission determination of compatibility with adjacent
properties and those within the same zoning district. Staff finds that the
historic use of the structure is compatible with surrounding properties. The
proposed cultural use on the site is consistent with the long-established cultural
uses at this location.
2. Planning Commission determination of the shared parking agreement. Staff
recommends approval of the proposed shared parking agreement. No more than
four (4) cars shall be permitted on the subject property unless a Site
Improvement Plan is approved for the construction of a parking lot that comply
with the minimum standards of the Unified Development Code.
3. Planning Commission determination of screening. Staff finds that screening
along the north property line is not necessary due to the residential form of the
existing structure on the subject property and the off-site parking location
across the street from the proposed use. Staff does not recommend additional
screening between the proposed nonresidential use and the adjacent multi-
family residential uses to the north and south.
4. Any expansion of the use will require Planning Commission approval of a
new conditional use permit.
5. Future improvement of the subject property shall meet the minimum
standards of the Unified Development Code, including access management,
commercial design, screening, tree preservation, etc.
6. All outdoor lighting shall meet the requirements of the Outdoor Lighting
Ordinance.
7. Should the Solid Waste Division determine that a dumpster is required for
the proposed use, the dumpster shall be screened in accordance with Chapter
166.14 Commercial Design and Development Standards.
PLANNING COMMISSION ACTION: Required YES
Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled
Motion:
Second:
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 2 of 18
Vote:
Meeting Date:
Comments:
January 11, 2010
The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without
exception by the entity requesting approval of this conditional use.
CITY PLAN 2025 DESIGNATION: Non -Municipal Government. The
University of Arkansas currently owns the property and utilizes it for a very similar use.
With the change in ownership of the property. Staff will recommend the Future Lane Use
Plan to be updated to reflect this change.
Section 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 to operate Use Unit 4 within the RMF -40 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.
Finding: The applicant has paid the required filing fee.
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 3 of 18
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 §161.15 to grant the
requested conditional use permit.
(b.) That the granting of the conditional use will not adversely
affect the public interest.
Finding: Staff finds that granting the conditional use for the cultural use will
not adversely affect the public interest. The subject property and
surrounding properties have been used historically for cultural and
institutional uses for several decades due to the close proximity to the
University of Arkansas campus. This specific use was established at
the corner of North Storer Avenue and Douglas street, approximately
2 lots south of the subject property, in 1964, and the subject property
has been utilized by the University of Arkansas for various cultural
uses associated with University student groups, clubs, and
associations.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing
individual conditional uses; and
Finding: There are no 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: Access from Storer Avenue to the subject property currently exists
and provides safe ingress/egress and is not proposed to be changed, as
the applicant has submitted a shared parking agreement with the
University of, Arkansas for Planning Commission consideration. The
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 4 of 18
shared parking spaces are located in the parking lot to the west of the
subject property and are accessible from Storer Avenue, Oakland
Avenue, and Douglas Street.
(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: As stated above, the applicant has requested Planning Commission
approval of a shared parking agreement with the University of
Arkansas. The agreement includes 14 parking spaces (a number
based on the current parking needs for the use operating at 535 North
Storer Avenue) located in the parking lot across the street to the west
of the subject property.
(c.)
Refuse and service areas, with particular
reference to ingress and egress, and off-
street parking and loading,
Finding: Should the Solid Waste Division determine that a dumpster is
required for the proposed use, the dumpster shall be screened in
accordance with Chapter 166.14 Commercial Design and
Development Standards.
(d.) Utilities, with reference to locations,
availability, and compatibility;
Finding: Adequate utilities are available and compatible to serve this
development.
(e.) Screening and buffering with reference to
type, dimensions, and character;
Finding: Because nonresidential uses typically must accommodate a parking lot
of five (5) parking spaces or more, Chapter 166.14(D)(6) requires
screening between all residential uses and nonresidential uses. An
existing row of trees along the south property line provides a
sufficient screen between the subject property and the multi -family
dwelling to the south; however, screening does not existing along the
north property line. Staff finds that additional screening along the
north property line is not necessary due to the residential form of the
structure on the subject property and the off-site parking location for
the proposed use.
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 5 of 18
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: Signage within the RMF -40 is limited. Approval of any proposed
signage shall be requested separately by a sign permit application.
Any new exterior lighting is required to comply with the City's
Lighting Ordinance requiring that lights be shielded with the light
directed downward.
(g)
Required setbacks and other open space; and
Finding: Any new development or additions to the structure shall meet open
space requirements and required building setbacks for the RMF -40
zoning district.
(h.) General compatibility with adjacent
properties and other property in the district.
Finding: Staff finds the proposed use of this property is consistent with the
historical uses of the subject property and the mixture of residential,
institutional, and cultural uses in the immediate area.
Granting the conditional use permit will be in harmony with the
general purpose and intent of City's land use and zoning regulations,
and will not be injurious to the neighborhood.
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 6 of 18
Shared Parking Agreement
'160.117(E)(4): A Shared parking. Formal agreements which share parking between
intermittent uses with non -conflicting parking demands (eg. a church and a bank) are
encouraged as a means to reduce the amount of parking required Such agreements are subject
to the approval of the Planning Commission. Individual spaces identified on a site plan for
shared users shall not be shared by more than one user at a time.®
As owner(s) of the property located at 902 W. Douglas Street , I (we) hereby
agree to share 15 parking spaces (as shown on attached site plan) during the following times
and days:
Weekdays 5 p.m. to 7 a.m. and weekends, except tome football game weekends.
The following restrictions apply:
The University of Arkansas reserves the option to cancel this shared parking agreement if the University's
use of the land or site or the parking lot designation changes.
Required parking
My (our) property requires WA parking spaces based upon the City's parking lot ordinance.
The use of my (our) property is University of Arkansas rind it contains Nth square feet.
The applicant's property requires 14 parking spaces based upon the City's parking lot
ordinance. The use of the applicant's property is cultural recreational and it contains 2,600
square feet.
Site Plan
Attach a diagram of the entire parking lot. Enumerate spaces to be shared per this agreement.
Also indicate any spaces within this lot which are shared with other entities.
Owner Signature..)-+' 47. (,J Date:Z-I��l 0//9
Owner Signatur '��� Date: X2%/ 6 i
Applicant Signature: A)
Date:,ar
H: tUSERSICOMMOMPLANMNGwOR SISHAREPRR.WPD
January 11, 2010
naunniy 4u,11111WJIV11
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 7 of 18
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 8 of 18
Davis Business Planning ca
P.O. Box 3381
Fayetteville, Arkansas 72702
Telephone Number: 479-935-4572
Fax Number: 479-935-4573
Web Site: Davisbusinessplanning.com
December 3, 2009
Jeremy Pate
Development Service Director
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
SUBJECT: Transfer Conditional Use Permit from 535 N Storer Avenue to 608 N
Storer Avenue
Dear Mr. Pate;
I am representing Mount Comfort Church of Christ (MCCC) in MCCC's request for a
change -in -use as authorized in UDO 164.12e3 for MCCC's proposed new location at
608 N Storer.
Background
MCCC and the University of Arkansas have entered into an offer and acceptance
land -swap where the University obtains ownership of MCCC property located at 535 N
Storer Avenue and MCCC obtains ownership of University property located at 608 N
Storer Avenue. The
Both properties currently serve as cultural/recreational facilities as defined by
Fayetteville's Unified Development Ordinance.
• MCCC and its successor organizations have continuously operateda campus
ministry known as Razorbacks for Christ at 535 N Storer Avenue since 1964 when
Center Street Church of Christ purchased the building. Center Street Church of
Christ transferred the property to Leverett and North Church of Christ on December
9, 1975 via a warranty deed. Leverett and North Street Church of Christ changed its
name to Mount Comfort Church of Christ on December 31, 2007 when the
congregation moved to its new location on Mount Comfort Road.
• The University of Arkansas obtained the property at 608 N Storer in 1948. The
University has used the property for a number of University purposes including its
current use as a cultural/recreational facility.
Page 1 of 2
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 9 of 18
Discussion
Mount Comfort Church of Christ (MCCC) wishes to move its campus ministry from 535
N. Storer to 608 N. Storer and requests authorization to transfer its condition use permit
to the new location. Attached, as part of this application, is the Razorbacks for Christ
(RFC) Purpose Statement, Mission Statement and a listing of the cultural and recreation
activities hosted at 535 N Storer Avenue.
MCCC does not anticipate any significant changes in the cultural and recreational
activities it hosts or sponsors nr does it anticipate enlarging the building footprint.
If the transfer is approved, MCCC is prepared to fully comply with the city of Fayetteville
UDO standards for accessibility, parking lot development and tree preservation.
Respectfully Submitted,
tephen Davis
Davis Business Planning, LLC
Page 2 of 2
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 10 of 18
boy✓ Fonjoat
3249 W. Mount Comfort Road
Fayetteville, Arkansas 72704-5721
479-442-9171
November 12, 2009
City of Fayetteville
Planning Department
Administrative Building
101 W. Mountain St
Fayetteville, AR 72701
Mr. Jeremy Pate:
Mount Comfort Church of Christ and the University of Arkansas' Board of Trustees are in the
process of exchanging properties that front Storer. Both properties are currently and historically have
been used as cultural and recreational facilities, consistent with the uses set out in Chapter 162 of the
Unified Development Code Use Unit #4.
The University of Arkansas obtained ownership of the property located at 608 North Storer in 1948
and has been utilizing that location for a number of University purposes. Currently, the property is
used as a cultural and recreation facility. Mount Comfort Church of Christ intends to use the
property for these same purposes once it acquires the property from the University.
Mount Comfort Church of Christ requests a Change in Use as authorized in UDO 164.12e3. Mount
Comfort does not intend to make any structural changes to the property. Mount Comfort Church of
Christ has owned the property located at 535 N Storer for at least 40 years as and has operated it as a
cultural and recreational facility for the entire time Mount Comfort has owned the property.
Mount Comfort Church of Christ will be represented by Stephen Davis of Davis Business Planning
in this transaction.
Thank you for your consideration of our request;
Mount Comfort Church of Christ
Wendell Beall, Elder
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 11 of 18
January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 12 of 18
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January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 13 of 18
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January 11, 2010
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CUP 09-3487 Mt. Comfort Church
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January 11, 2010
Planning Commission
CUP 09-3487 Mt. Comfort Church
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CUP 09-3487 Mt. Comfort Church
Agenda Item 2
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January 11, 2010
r Planning Commission
CUP 09-3487 Mt. Comfort Church
Agenda Item 2
Page 18 of 18
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KANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of January 11, 2010
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: January 5, 2010
CUP 09-3488: (KIMBERLY TAYLOR / 836 S. HILL, 561): Submitted by KIMBERLY
TAYLOR for property located at 836 S. HILL AVENUE. The property is zoned RMF -24,
MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.25 acre. The request is for
Use Unit 25, Professional Office, in the RMF -40 zoning district for a chiropractic office
occupying approximately 380 square feet of the 2,970 square foot single family home.
Planner: Andrew Garner
BACKGROUND:
Property description and background: The subject property is located at 836 South Hill Avenue
and is currently developed with one single-family home, constructed in . 1893. Adjacent
properties consist of multi -family, single family, and restaurant as listed in Table 1
Table 1
Surrounding Land Use and Zonin
Direction
Land Use
Zoning
North
Undeveloped lot
RMF -24
South
Single family residential
RMF -24
East
Undeveloped lot
RMF -24
West
Multi -family residential
R-PZD Hill Place: -
Proposal: The applicant is requesting a conditional use permit to allow Use Unit 25
(Professional Offices) for the use of approximately 380 square feet of the existing home for a
chiropractic office. Parking for the office and residence will be provided in the existing
driveway. The chiropractic business will result in a maximum of one (1) employee. The office
will operate during normal business hours of 8:30 am to 6:00 pm, Monday, Wednesday and
Friday. Standard residential trash service will be provided. There will be no X-ray equipment and
no pharmaceuticals or other hazardous materials associated with the chiropractic business. The
anticipated number of patients for the chiropractic office is an average of 20 per day, with peak
visits of five (5) per hour with two patients possibly overlapping.
Public Comment: Staff has received one public inquiry about the request with no objections.
G: IETCIDevelopment Services Review120091Development Review109-3488 CUP KIMBERLY TAYLORI03- Planning Commission109-3488 CUP
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Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 1 of 12
RECOMMENDED MOTION: Staff recommends approval of the requested conditional use
for a professional office (Use Unit 25) on the subject property with the following conditions:
1. A Certificate of Zoning Compliance shall be required prior to the start of operations of
the office.
2. As proposed by the applicant, the chiropractic office (Use Unit 25) shall be limited to a
maximum of 380 square feet in the existing house, and the hours of operation shall be
limited to 8:30 AM to 6:00 PM Monday, Wednesday, and Friday.
3. Trash service shall utilize a standard residential cart.
4. Signage shall be permitted in accordance with the RMF -24 zoning district.
PLANNING COMMISSION ACTION: Required YES
Planning Commission Action: O Approved O Denied O Tabled ..
Motion:
Second:,
Vote;.:
Meeting Date: January 11, 2010
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:
Future Land Use Plan/City Plan 2025 Designation: City Neighborhood Area.
City Neighborhood Areas are a denser and primarily residential urban fabric. Mixed and -Mw -
intensity nonresidential uses are usually confined to corner locations. `Guiding policy b' states to
provide non-residential uses that are accessible for the convenience of individuals living in
residential districts and where compatibility with existing desirable development patterns occurs.
Sec 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
13. 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
G:IETCIDevelopment Services Review120091Development Review109-3488 CUP KIMBERLY TAYLORI03- Planning Commission109-3488 CUP
(Kim Taylor).doc
January 11, 2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 2 of 12
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 Use Unit 25 within a RMF -24 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.
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 §161.14 (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: The property is currently developed with a single-family structure. Utilization of
a small portion of the existing structure for a chiropractic office, while retaining
the appearance and primary use of the property as a residence, will not change
the overall character of the neighborhood. The proposed non-residential use will
not, in staff's opinion, have a negative or adverse impact on the public interest
but will rather contribute to variety and a beneficial service to the
neighborhood. The adaptive re -use of the residence for a business will also
encourage preservation this historic structure.
(c.)
The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: There are no specific rules governing this individual conditional use request.
G: IETCIDevelopment Services Reviewl2009IDevelopment Review109-3488 CUP KIMBERLY TAYLOR103- Planning Commission109-3488 CUP
(Kim Taylor).doc
January 11, 2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 3 of 12
(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 facility will be provided in the existing improved
driveway. Due to the low volume of traffic and intensity of use, a maximum of
380 square feet of floor space and 20 patients per day, the existing driveway is
adequate to park the one or two vehicles that would be accessing this site for the
chiropractic service.
(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: Parking is required in the amount of onespaceper 250 square feet, or two
spaces for the proposed non-residential use of 380 square feet. The existing
driveway is adequate for ingress, egress, and parking for the existing house and
proposed chiropractic ;office. Additional screening from adjacent properties is
not required because of the small scale of the non-residential use. The proposed
use will not, in staff's opinion, result in adverse economic, noise, glare, or odor
effects to adjoining properties.
(c.) Refuse and service areas, with particular reference to
ingress and egress, and off-street parking and loading,
Finding: A standard residential cart for trash service will be utilized for the existing
residence and proposed chiropractic office.
(d.) Utilities, with reference to locations, availability, and
compatibility;
Finding: Water and sewer service is currently available to the property.
(e.)
Screening and buffering with reference to type,
dimensions, and character;
Finding: Screening is not required due to the small scale nature of the chiropractic office
(380 square feet), and because the primary use on the property continuing to be
residential.
G: IETCIDevelopment Services Review120091Development Review109-3488 CUP KIMBERLY TA YLOR103- Planning Commission109-3488 CUP
(Kim Taylor).doc
January 11, 2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 4 of 12
(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: Signs shall be permitted in accordance with the RMF -24 zoning district.
Finding: N/A
(g.) Required yards and other open space; and
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: ; Staff finds that utilizing approximately 380 square feet of the existing home for a
chiropractic office is in keeping with the character of the neighborhood. The
existing home and driveway would be retained as -is and the primary nature of
the property would still be. residential. The small-scale nature of the non-
residential use is in keeping with the predominantly single family residences to
the south, and compatible with mixed uses in the immediate vicinity including
industrial and commercial to: the north, and multi -family to the west. The
proposed use is compatible with adjacent properties and other properties in the
district.
G: IETCIDevelopment Services Review120091Development Review109-3488 CUP KIMBERLY TA YLORI03- Planning Commission109-3488 CUP
(Kim Taylor).doc
January 11, 2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 5 of 12
161.14 District RMF -24, Residential Multi -
Family — Twenty -Four Units Per Acre
(A)Purpose. The RMF -24 Multi -family
Residential District is designed to permit
and encourage the developing of a
variety of dwelling types in suitable
environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
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 5
Government facilities
Unit 11
Manufactured home park
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
Wireless communications facilities''' '•
(C) Density.
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Apartments:
No bedroom
One bedroom
Two bedroom
1,700 sq. ft.
1,700 sq. ft.
2,000 sq. ft.
Fraternity or Sorority
1,000 sq. ft. per resident
E) Setback requirements
Front
Side
Rear
The principal
fagade of a
building shall be
built within a
build -to zone
that is located
between 10 feet
. and a line 25
feet from the
front property
line.
8 ft.
25 ft.
HHOD Front
HHOD Side
HHOD Rear
15 ft.
8ft.
15 ft.
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum
1 60ft.
Units,per acre
24 !or less
(D)Bulk and area regulations.
1) Lot width minimum.
Manufactured home park
100 ft. -- -
Lot within a Manufactured
home park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
2) Lot area minimum.
Manufactured home park
3 acres
Lot within a mobile home
park
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family -
7,000 sq. ft.
Three or more
9,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acres
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, an
additional distance of one foot for each
foot of height in excess of 20 feet.
(G) Building area. None.
(11)Minimum buildable street frontage.
50% of the lot width.
(I) Parking regulations. No parking lots are
allowed to be located in the front or side
build -to zone facing a public right-of-
way.
(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-
16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5079, 11-
20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09)
G: IETCIDevelopment Services Reviewl20091Development Reviewl09-3488 CUP KIMBERLY TA YLORI03- Planning Commission109-3488 CUP
(Kim Taylor).doc _
January 11, 2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 6 of 12
Written Description of Request
A. Applicant is requesting zoning for in home professional/medical office. Proposed building
size will be 380 sf within current 2970sf to include office in existing home
B. Number of parking spaces required and provided will be 3 on the property (see attached
drawing)
C. The hours of office operation will be Monday, Wednesday and Friday 8:30am to 6:OOpm
the number of employees will be 0 to 1,
the anticipated number of chiropractic patients is average of 20patients/day with peak visits
of 5 patients/hour with possibly 2 patients at the same time overlapping
D. Outdoor lighting will remain the same as current
E. Noise levels will be equivalent to normal home setting
F. Screening or buffering from adjacent properties is already in place with vegetation and
fencing but is not really applicable as a necessary requirement
G. Trash and refuse will be similar to regular residential use for a property of that size with no
hazardous chemicals used in the operation of the chiropractic office. There will be no X-ray
equipment and no pharmaceuticals present in the office to create and hazardous waste
concerns.
H. Ingress and egress to the property should not cause any significant impact on current traffic
flow
I. The current mixed use of the neighborhood would be likely to be a good fit for the
home/office proposed. The historic home built in 1893 is unique in this neighborhood and
full time habitation would lend itself to continued stability in the neighborhood with a local
chiropractic wellness care office to support the community can be seen as beneficial as well.
January 11, 2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 7 of 12
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January 11,, 2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 8 of 12
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January 11,2010
Planning Commission
CUP 09-3488 Kimberly Taylor
Agenda Item 3
Page 9 of 12
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January 11, 2010
Planning Commission
CUP 09-3488 Kimber
Agenda Item 3
Page 10 of 12
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