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HomeMy WebLinkAbout2011-02-14 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting February 14, 2011 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on February 14, 2011 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 • City Council Decisions Director of Development Services: Jeremy Pate Consent: 1. Approval of the minutes from the January 24, 2011 meeting. New Business: 2. ADM 11-3753: Administrative Item (727 NORTH STORER AVE./HOPMANN, 444): Submitted by APPIAN, INC. for property located at 727 NORTH STORER AVENUE. The property is zoned RMF -40, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.17 acres. The request is for a variance from the access management ordinance for a new driveway. Planner: Dara Sanders 3. CUP 11-3746: Conditional Use Permit (GREY DOG BOUTIQUE, 445): Submitted by MOLLY CLARK for property located at 617 N. COLLEGE AVENUE. The property is zoned C- 2, THOROUGHFARE COMMERCIAL and contains approximately 0.48 acre. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2, City-wide uses by conditional use). Planner: Dara Sanders 4. CUP 10-3734: Conditional Use Permit (DICKSON ST/DICKEY, 484): Submitted by ALEXANDER DICKEY for property located SOUTHEAST CORNER OF DICKSON STREET ANDWEST STREET. The property is zoned MSC, MAIN STREET CENTER and is on the public sidewalk. The request is for approval of a conditional use permit to allow a sidewalk vendor cart that is 5 feet wide when the maximum is 3 feet. Planner: Andrew Garner 5. LSD 10-3743: Large Scale Development (LOT 10 FOREST HILLS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC for property located at the SOUTHWEST CORNER OF NORTH WEDINGTON DRIVE AND SALEM STREET. The property is zoned C-PZD 07- 2793 and contains approximately 2.11 acres. The request is for a multi -tenant retail building containing approximately 15,771 square feet and associated parking. Planner: Dara Sanders The following items have been approved administratively by City staff: LSP 11-3755: Lot Split (LAMBERTH, 446): Submitted by H2 ENGINEERING, INC. for property located at 603 N. WILLOW & 210 E. DAVIDSON. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.45 acres. The request is to divide the subject property into two tracts of approximately 0.18 and 0.26 acres. Planner: Dara Sanders 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. aye eville AHKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 14, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer Chuck Rutherford, Sidewalk Administrator THRU: Jeremy Pate, Development Services Director DATE: February 10, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3753: Administrative Item (727 North Storer Avenue/Hopmann, 444): Submitted by APPIAN, INC. for property located at 727 NORTH STORER AVENUE. The property is zoned RMF -40, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.17 acre. The request is for a variance from the Street Design and Access Management curb cut separation requirement from anintersection. Planner: Dara Sanders Findings: Background and property description: The subject property is located at the southeast corner of Eagle Street (Local Street) and Storer Avenue (Local Street), north of the University of Arkansas. The property was developed for a single-family dwelling in 1936. On January 3, 2011, the Board of Adjustment approved the applicant's variance request to allow for a front setback of 2 feet to allow for the redevelopment of the property with a multi -family structure containing five dwelling units as shown in the attached site plan. Proposal: The applicant proposes to provide rear access parking for the five dwellings. This rear access, as proposed by the applicant, would require closing and relocating an existing curb cut onto Storer Avenue further south within a platted and unconstructed alley right-of-way and providing a new curb cut onto Eagle Street. These proposed curb cuts do not meet the minimum requirements of the City's access management standards. Because these proposed curb cuts do not meet the minimum requirements of the City's access management standards, the applicant requests Planning Commission approval of a variance request from Chapter 166.05(F)(1)(c), access management for Local and Residential streets, in order to allow for a curb cut onto Eagle Street located approximately 38 feet from the intersection of Eagle Street and Storer Avenue (a variance of 12 feet), approximately three feet from the west adjoining property line (a variance of 12 feet) and approximately three feet from the adjacent nonconforming driveway (a variance of 22 feet). The applicant also requests a variance from the same UDC section for a curb cut onto Storer Avenue within a platted and unconstructed alley right-of-way approximately 25 feet from an existing driveway to the south (a variance of 25 feet). These variances are outlined in the following chart: Street Distance from intersection Distance from property line Distance between curb cuts Storer Avenue N/A (alley right-of-way) N/A (alley right-of-way) 25 feet (25 feet variance) Eagle Street 38 feet (12 feet variance) 3 feet (12 feet variance) 3 feet (22 feet variance) G:IETCIDevelopment Services Review12010IDevelopmeni Review110-3742 ADM Courts at Whitham103 Planning Com 9.rbsMW7Ii1-%2011 101Comments and Redlines arming Commission ADM 11-3753 Hopmann Agenda Item 2 Page 1 of 8 February 14, 2011 Planning Commission ADM 11-3753 Hopmann Agenda Item 2 Page 2 of 8 EXISTING DRIVE OPPOSITE PROJECT EAGLE ST. APPROX 26.5' 34.6' 53. t ADJACENT DRIVE 0 n 15 24' 23 EAR ZONE 22' 50' J and a3a01S ROW k Februagy 14,2011 Planninb Commission ADM 11-3753 Hopmann Agenda Item 2 Page 3 of 8 GARAGE FLOOR TWO-WAY GRAVEL DRIVE 24'-O" 6' MAIN FLOOR PORCH LIVING SPACE ConceptSitePlan t r February 14, 2011 Planning Commission ADM 11-3753 Hopmann Agenda Item 2 Page 4 of 8 City of Fayetteville Planning Commission 113 West Mountain Street January 25, 2010 RE: Driveway Distance from Intersection Variance for Property Located at Storer Ave. and Eagle St. Dear Commissioners, Robert Hoppman is requesting a driveway offset variance for property located at the corner of Eagle Street and Storer Avenue. The subject property is zoned RMF -40. The property owner would like to make improvements to the property including several townhomes with rear access parking, as shown in the attached site plan. Special Conditions The requirement in section 166.08 is for a fifty foot offset from an intersection or driveway and for a five foot offset from the adjacent property line. Since the property is only 53' wide, it would impose an undue hardship on the property owner and render Eagle Avenue inaccessible for these requirements to be imposed on the property. In addition, to keep the drive as far as possible from the intersection and allow parking in the rear as is the suggestion of the residential design standards in this area, we are requesting that a 3' driveway offset be allowed adjacent to the property line, pending an agreement with the neighboring property owner and a 30' driveway offset distance to allow for a 15' drive. The drives would be separate, as requested by the adjacent property owner. In preliminary a conversation with the adjacent property owner, Mr. Hogge, he did not foresee any immediate concerns with the location of the drive within 3 feet of the property line. Deprivation of Rights and Special Privileges As the commission can see in the site plan, a drive dose to a property line is a condition that exists for other properties in the area, and the Commission would not be granting special privileges to this property. In turn, they would he denying it rights commonly enjoyed by other properties. The parcel to the immediate west has its drive approximately 6" from the shared property line. The property directly north of the proposed site, as shown on the site plan, has a drive approximately 26.5' from the intersection. The entire area is densely built on narrow lots. Resulting Actions The conditions are not the result of the applicant. The property is a corner lot zoned RMF -40, yielding its intent to be densely built. The current design standards within the UDC strongly encourage the use of alleys and rear access for parking and garages, especially in urban areas, forcing our drive to the rear of the property. In addition, the property is only 53' wide and strict interpretation of the driveway offset code would deprive the applicant of access onto Eagle St. Thank you for your time. We appreciate the Cotmnissioner's time in this matter. Respectfully, Evan Nichues, RLA Appian, Inc. 479-200-7057 February 14, 2011 Planning Commission ADM 11-3753 Hopmann Agenda Item 2 Page 5 of 8 ADM 11-3753 Close Up View 727 N. STORER/HOPMANN BERRY ST 1 1 at a Legend 111/ Ti1uti-Usetraii s 'Futures: _ footprints 2010 Hillside -Hilltop Overlay District Ell Design Overlay Di Arid Design Overlay District Planning Area Fayetteville t 0 75 150 PH7r7ATi' . 1 1 300 CARAWAY sr if MN Mb go a 450 600 F96t February 14, 2011 manning commission ADM 11-3753 Hopmann Agenda Item 2 Page 6 of 8 ADM11-3753 727 N. STORER/HOPMANN One Mile View �8 yam,, • _ i? Rki 7 algY BEL AIR OR 9 - 1t1 i r m. C PeF� )I]1i i.,m • R REF -4 w.v.DAVIS sr 5, 1R3F-4 R Rei RPL ..at ELL OR 1E RSF-1FSFi !' N,113.1'. 114 • :11102ft Htl LL Y37 CEDAR y. • ffi� t O , SUBJECT PROPERTY HOLLY ST REF -I ictA LN RaF RSF-4 , ""g W RBFS 15Fy ROAMS ST R5F1 's-1 HA ORN ST nnF4 RSF•. 119E-1 PROSPECT ST ELLRO REIF Overview • . • ° • . .y. "re r_ Legend Subject Property ® AU M11-3753 Soundary 0.25 0.5 ADN 11-3753 Desi;n Overlay District Plan ling Area FayE tteville 1 Miles February 14 2011 Planning Commission ADM 11-3753 Hopmann Agenda Item 2 Page 7 of 8 February 14, 2011 Planning Commission ADM 11-3753 Hopmann Agenda Item 2 Page 8 of 8 ave evl e 1ARKANSAS PC Meeting of February 14, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Development Services DATE: February 7, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 11-3746: Conditional Use Permit (GREY DOG BOUTIQUE, 445): Submitted by MOLLY CLARK for property located at 617 N. COLLEGE AVENUE. The property is zoned C- 2, THOROUGHFARE COMMERCIAL and contains approximately 0.48 acre. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2, City-wide uses by conditional use). Planner: Dara Sanders BACKGROUND: Property Description: 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. An Outdoor Mobile Vendor permit was issued on November 18, 2010 to operate a temporary vintage clothing business in an Airstream Trailer containing approximately 216 square feet on the subject property. Unified Development Code 172.04, Outdoor Mobile Vendors Located on Private Property, limits this outdoor mobile vendors, also known as transient merchants, to operate a business from a temporary structure for 90 days in one location over a one-year (12 month) timeframe. In August 2010, the Planning Commission and City Council approved an ordinance amendment that would permit an outdoor mobile vendor to operate a business from a temporary structure for more than 90 days in one location over a one-year timeframe by conditional use permit for Use Unit 2, City-wide uses by conditional use. Direction from Site Land Use Zoning North Motel R -O, Residential Office South Commercial C-2, Thoroughfare Commercial West Single-family house RMF -24, Residential Multi -family, 24 du/acre East Skating rink C-2, Thoroughfare Commercial G: I ETCIDEVELOPMENT SERVICES REVIEW120111DEVELOPMENT REVIEW111-3746 CUP 617 N. COLLEGE GREY DOG BOUTIQUE103 PLANNING COMMISSIOM02-14-20111 COMMENTS AND REDLINESI I1-3746 PLNG COMMENTSDOC February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 1 of 12 Proposal: The applicant proposes to continue to operate the business indefinitely on the subject property between 10:30 a.m. to 6:30 p.m., Tuesday - Friday, and 10:00 a.m. to 6:00 p.m. on Saturday. Approximately 20 customers per day are anticipated, and the Airstream Trailer is proposed to occupy the subject property until the property is sold by the owner. Request: The applicant requests approval of a conditional use permit to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2, City-wide uses by conditional use). Public Comment: Staff has not received public comment. Sidewalks: A sidewalk currently exists on the subject property. Staff does not recommend improvements at this time. RECOMMENDED MOTION: Staff recommends approval of CUP 11-3746 with the following conditions of approval: 1. Hours of operation for the business shall be limited to 10:30 a.m. to 6:30 p.m., Tuesday through Friday and 10:00 a.m. and 6:00 p.m. on Saturday. 2. This permit is limited to the operation of a vintage clothing store in an Airstream Trailer in the proposed location. The Airstream Trailer shall be removed from and the business shall cease to operate on the subject property by November 18, 2011 unless a new conditional use permit is approved by the Planning Commission, at which time Planning staff would likely recommend parking lot and landscaping improvements, in addition to other improvements required of permanent businesses/structures. 3. Signage shall be reviewed and approved by a separate sign permit application. 4. The applicant shall coordinate with the Solid Waste Division to determine the appropriate waste disposal for the business. 5. All lighting shall meet the requirements of Chapter 176, Outdoor Lighting. PLANNING COMMISSION ACTION: Required YES ❑ Approved Motion: Second: Vote: Date: February 14, 2011 ❑ Tabled ❑ Denied FUTURE LAND USE PLAN DESIGNATION: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area, which encourages complete, compact and G: I ETCI DEVELOPMENT SERVICES REVIEWI201 IIDEVELOPMENT PEI/IFW111-3746 CUP 617 N COLLEGE GREY DOG BOUTIQUEI03 PLANNING COMMISSIOM02-14-20111 COMMENTS AND REDLINESI11-3746 PLNG COMMENTS.DOC February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 2 of 12 connected neighborhoods with low -intensity nonresidential uses, a range of residential uses, and a high level of connectivity between neighborhoods. 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 to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2, City-wide uses by conditional use) in the C-2 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. 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 § 161.20(B)(2) to grant the G:IETCIDEVELOPMENT SERVICES REVIEWI20111DEVELOPMENT REVIEWI11-3746 CUP 617 N. COLLEGE GREY DOG BOUTIQUE103 PLANNING COMMISSIOM02-14-20111COMMENTS AND REDLINESII1-3746 PLNG COMMENTS.DOC February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 3 of 12 requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: The intent for permitting temporary commercial facilities, such as an office, retail business, or eating establishment, on private property is to provide an option for property/business owners to utilize temporary structures during expansion, construction, or for outdoor mobile vendors requesting to operate on private property longer than the current 90 -day limit to determine the market demand for a new business. The majority of uses existing within the immediate area are made up of a variety of uses, including professional offices, transportation -related services, recreational and amusement facilities, eating places, and retail. Several of the surrounding permanent structures have been or are approved to be remodeled to accommodate new uses. In staff's opinion, granting the requested conditional use permit to operate the retail business for more than 90 days should not adversely affect the public interest; however, staff recommends that the approval of the applicant's request be limited to one year from the date of approval for the Outdoor Mobile Vendor permit, which is consistent with the regulations of similar uses. Outdoor mobile vendors on private property are permitted to relocate to a previously approved location after one year, and a one year limitation is applied to Sidewalk Vendors approved to operate in designated locations on public property. Staff has recommended a condition of approval on page 2 of this staff report that would limit the applicant's conditional use permit to one year unless a new conditional use permit is approved by the Planning Commission. In staff's opinion, for the public interest, there should be a balance between encouraging start-up businesses and the development of "brick and mortar" buildings. Should temporary structures be allowed for long-term business operation in one location, it would compromise the Fayetteville Unified Development Code regulations for aesthetics, public improvements, landscaping, and other public health, safety, and welfare issues. Further, it would encourage the use of temporary structures on a long-term basis as opposed to traditional "brick and mortar" businesses, which is not desired by the City. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules goveming individual G: IETCIDEVELOPMENT SERVICES REVIEWI2011 IDEVELOPMENT REVIEWI11-3746 CUP 617 N. COLLEGE GREY DOG BOUTIOUE103 PLANNING COMMISSIOM02-14-20111 COMMENTS AND REDLINESI11-3746 PLNG COMMENTS. DOC February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 4 of 12 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: The property is accessed by an existing curb cut onto College Avenue. While this curb cut does not comply with the City's current access management policy, staff finds that the existing access is acceptable and will not create a dangerous traffic situation due to the relatively low traffic volume generated by the small-scale retail business. Chapter 166.08, relating to access to properties, only requires improvements to access upon expansion or improvements greater than 50% of the property value or gross floor area/volume or when access is modified. The applicant proposes to utilize a temporary structure on the site as it is. (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: This retail use requires one off-street parking space. The existing parking lot associated with the previous commercial structure on the property contains sufficient off-street parking to meet the demands of the temporary retail business, as determined during staff's review of the Temporary Certificate of Zoning Compliance required for the Outdoor Mobile Vendor application that was approved on November 18, 2010. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall comply with the requirements of the Solid Waste Division for service to this property. (d.) Utilities, with reference to locations, availability, and compatibility; G:IETCIDEVELOPMENTSERVICES REVIEW120111DEVELOPMENT REVIEWII I-3746 CUP 617 N. COLLEGE GREY DOG BOUTIQUEI03 PLANNING COMMISSIOM02-14-20111 COMMENTS AND REDLINESII1-3746 PLNG COMMENTS.DOC February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 5 of 12 Finding: Public water and sewer service is available to the subject property, although these services are not being utilized by the applicant. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: The existing parking lot is an existing nonconforming parking lot that does not comply with the screening and buffering requirements of Chapter 177.04 Site and Parking Lot Landscape Standards. Staff does not recommend landscaping at this time; however, should the property be developed in the future or the business be permitted to operate in a temporary structure on the subject property for more than one year, staff may recommend bringing the parking lot into full conformance to the screening and buffering requirements of the Unified Development Code. (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: Signage shall be reviewed and approved by a separate sign permit application. The temporary structure would not result in adverse impacts to traffic safety and compatibility with other properties. As discussed in Finding C.2.b, staff finds that this CUP would not result in adverse effects by being permitted to operate for a maximum of one year. (g.) Required yards and other open space; and Finding: The temporary structure is not required to meet the minimum setback requirements of the underlying C-2 zoning district. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that the proposed use is generally compatible with the surrounding and adjacent properties. The properties adjacent to the subject property are mostly nonresidential and similar in use. While residences are located to the west of the subject property, a majority of the traffic to and from the site will utilize College Avenue and have little to no impact on these residences. G:IETCIDEVELOPMENTSERVICES REVIEW1201RDEVELOPMENT REVIEW111-3746 CUP 617 N COLLEGE GREY DOG BOUTIQUE103 PLANNING COMMISSIONI02-14-20111 COMMENTS AND REDLINESII1-3746 PLNG COMMENTS.DOC February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 6 of 12 • is NOSUJA VO 2 1 [ \ / ,q •__ w6Qi < I I - i� • § 2 q— i(i \ - 1I DEVELOPMENT CONSULTANTS INCORPORATED TRENTON BLOCK PROJECT BOUNDARY SURVEY: Lois t & 2. Bleilr 1110.1 or plods t• • la, a � o » 2f r__ a a= Conditional Use Application grey dog, a vintage boutique Current address: 617 N. College Ave (corner of Trenton and College) a.) Building size: grey dog is run out of a renovated 1973 Airstream Trailer and is approximately 216 square feet (24' in length x 9' in width). b.) Number of off-street parking spaces needed: grey dog boutique is currently located on the corner lot of College and Trenton Avenue and no additional parking is required. c.) Hours of operation: 10:30 — 6:30 Tuesday- Friday and 10-6 on Saturday Number of employees: 1 Average number of shoppers/day: 20 d.) Outdoor lighting: There is an exterior light on the outside of the Airstream and the awning is wrapped with Christmas lights to help with visibility. e.) Noise: The amount of noise produced by grey dog is minimal to none. f.) Screening or buffering from adjacent properties: grey dog is set towards the back of the lot and is buffered by the trees and foliage. g.) Trash and refuse service: No trash service is needed. h.) Ingrees and egress to the property; traffic impacts: Shoppers turning left (coming from south Fayetteville) into our lot may cause a minor traffic backup but overall there is very little impact. i.) grey dog boutique has been open for one month. During this month, shoppers and neighboring businesses have shown an overwhelmingly positive response to what we bring to Fayetteville. Shoppers are excited, if not inspired, by our reconditioned airstream, and are thrilled to have a vintage boutique carrying high quality items. Lacuna and Maude Boutique, two neighboring retailers, feel grey dog boutique is in a wonderful location, helping this area continue to be the new shopping destination. We at grey dog feel that North College is experiencing a renaissance, and we're very excited to be apart of it. February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 8 of 12 CUP 11-3746 GREY DOG BOUTIQUE Close Up View SUBJECT PROPERTY REBECCAST OD SE ST !IMF• RSF.4 DAVIDSON ST DAVIDSON ST Lege:td! iU'11-3746 fMuii-Use Trail (Existing isFuture Trails,, J_ ritPra ;,.,Footprints 2010 Hillside -Hilltop Overlay District [_ _! Design Overlay District Design Overlay District Planning Area 0 a IY 0 75 150 Fayetteville MAPLE ST 300 450 1500 Feet February 14, 2011 f ioiniii y Gtr rr CUP 1 -3746 Grey Dog Boutique Agenda Item 3 Page 9 of 12 1. CUP11-3746 One Mile View BELAfEI-4Au • RDR. { :Pi, RBF+ i 11 4 DAVIS BT. $1,1 ASH STAN RM 43. 'S� 1 RP iR i.i .c_ GREY DOG BOUTIQUE asst R6F, B1 RO tht- DEBRA DR RBF -4 RBF -4 REF4 RAST REF -I p-F4 RSF4 R99 = RSF PROSPECT ST Fr pfi0SPEC R et/1.:-..�._-.:-.}{;..R9" 4 et/ LOUISE ST aea44 a` RSw LA Raga > ST RBFVa R$F4 w RBF E Overview Legend Subject Property CUP11-3746 Boundary 0.25 0.5 CU • 11-3746 l_. _ I Desi. n Overlay District ; Plan ing Area Fay: tteville 1J1 IA, Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 10 of 12 CU P11-3746 Current Land Use rrf GREY DOG BOUTIQUE F; 1 SINGLE FAMILY MULTI FAMILY SUBJECT PROPERTY P:16 RETAIL SKATIN RINK SINGLE FAMILY RETAIUOFFICE rife SINGLE FAMILY te 1.7 RETAIUOFFICE `4t,,Footprints 2010 Hillside -Hilltop Ov Design Overlay Di Design Overlay Di Planning Area Fayetteville day District .trict -trict 0 75 150 300 450 600 Feet Febru. ry 14, 2011 CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 11 of 12 February 14, 2011 Planning Commission CUP 11-3746 Grey Dog Boutique Agenda Item 3 Page 12 of 12 aye exile ARKANSAS PC Meeting of February 14, 2011 PLANNING DIVISION CORRESPONDENCE 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: February 7, 2011 CUP 10-3734: Conditional Use Permit (DICKSON ST./DICKEY, 484): Submitted by ALEXANDER DICKEY for property located SOUTHEAST CORNER OF DICKSON STREET ANDWEST STREET. The property is zoned MSC, MAIN STREET CENTER and is on the public sidewalk. The request is for approval of a conditional use permit to allow a sidewalk vendor cart that is 5 feet wide when the maximum is 3 feet. Planner: Andrew Garner BACKGROUND: Fayetteville Unified Development Code (UDC): The Fayetteville UDC Section 178.03 (attached) permits sidewalk vendors on public sidewalks in certain locations with wide sidewalks. The locations where street vending is allowed as a permitted use are: (1) on the north and west sidewalks in front of the Walton Arts Center along West Avenue and Dickson Street, and (2) inside of the Fayetteville Square. The UDC also specifies maximum size limitation of sidewalk vendor carts at six feet (6') by three feet (3') and five feet (5') tall. The UDC also allows for alternate locations and sizes for the sidewalk vendors to be approved by the Planning Commission by conditional use permit. Proposal: The applicant is requesting a conditional use permit for the following: Larger size cart than permitted by right. The applicant proposes a sidewalk vendor cart that is five foot (5') by five foot (5') area and nine feet (9') tall, as indicated in the submitted floor plan and rendering/photo of the cart. This alternative -sized cart is proposed at the north sidewalks in front of the Walton Arts Center along Dickson Street, as indicated in the site plans. Property Description and Site Details: The proposed location is in the City right-of-way in the Downtown area on public sidewalk. The site is in front of the Walton Arts Center is on Dickson Street on a section of sidewalk that is approximately 17 feet wide. The five-foot cart would be set approximately two feet off of the retaining wall on the Walton Arts Center, leaving an approximately 10 -foot wide sidewalk area exclusive of the sidewalk vendor for pedestrians. Public Comment: Staff has not received any public comment. G: IETCIDevelopment Services Review120101Development Review110-3734 CUP Dickey Sidewalk Vendor103 Planning Commissian102-14- 201IIComments and Redlines February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 1 of 20 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 larger sized sidewalk vendor cart. 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 § 178.03(F) to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: In staff's opinion granting the requested conditional use should not adversely affect the public interest, as the there is adequate room on the sidewalks along Dickson Street to accommodate the proposed 5' x 5'cart and provide safe area for pedestrians and lines of sight for vehicles on adjacent roadways. The sidewalk on Dickson Street would have approximately 10 feet clear of the cart for pedestrians. The clearance provides adequate space for pedestrian access and mobility. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and UDC 178.03 Sidewalk Vendors G: I ETCIDevelopment Services Review120101Development Review110-3734 CUP Dickey Sidewalk Vendor103 Planning Commission102-14- 20111Comments and Redlines February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 2 of 20 RECOMMENDED MOTION: Staff recommends approval of the request as proposed by the applicant with the following conditions of approval: Conditions of Approval: 1. This permit is limited to the operation of a sidewalk vendor permit north of the Walton Arts Center in "Spot #11" on Dickson Street as indicated on the plans submitted by the applicant. 2. This permit is limited to a cart that with a maximum area of 5'x 5' and a height of 9', consistent with the specifications indicated in the drawings and photo submitted by the applicant, at both locations as proposed. 3. The Zoning and Development Administrator (ZDA) may administratively approve the renewal of this conditional use permit in this alternate location as part of the annual renewal of the sidewalk vendor permit required by UDC Section 178.03(C). The ZDA's renewal of this alternative location is subject to a valid complaint and is valid only for the subject applicant. 4. The applicant shall comply with all other requirements of UDC Section 178.03, with the exception that the size of the cart may be larger than the dimensions required in the UDC, if approved by the Planning Commission. PLANNING COMMISSION ACTION: Required YES ❑ Approved 0 Tabled 0 Denied Motion: Second: Vote: Date: February 14, 2011 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 DESIGNATION: Downtown Master Plan 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 G: I ETCIDevelopment Services Review120101Development Review110-3734 CUP Dickey Sidewalk Vendor103 Planning Commission102-14- 20111Comments and Redlines February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 3 of 20 (F) Conditional Use Permit. If an applicant wishes to operate as a sidewalk vendor in a location other than those specifically approved by the City Council, a conditional use permit must be obtained. Upon receipt of a conditional use permit application, the Planning Commission shall review the proposed permit operating area to determine if the said area is suitable for street vending in accordance with this chapter. In making this determination, the Planning Commission shall consider the following criteria: (1) The application meets all other criteria established herein for a sidewalk vendor, with the exception that the applicant may request that the cart, and/or operating area, may be larger than the dimension required in this chapter. Finding: The applicant's proposal meets all other criteria established in the UDC for a sidewalk vendor, with the exception that the cart is larger than the standard dimensions of 6' x 3' and 5' tall. (2) The number of permits issued for the street vending location shall not exceed the capacity of the area in terms of maintaining the use of the sidewalk as a public right-of-way. The Planning Commission shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to: signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as the presence of bus stops, truck loading zones, or taxi stands to determine whether the proposed use would result in pedestrian or street congestion. Finding: The number of permits for street vending would not exceed the capacity of the area. There are approximately only two other sidewalk vendor permits currently issued and these do not conflict with the applicant's proposal. As discussed in the findings throughout this report, staff finds that the width of the sidewalk is more than adequate. There are not any existing street furniture or other impediments that when combined with the proposed sidewalk vendor cart, would result in pedestrian or street congestion. (G) Requirements. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with a valid permit issued under this Chapter may transport and/or display approved goods upon the approved mobile device or pushcart, under or subject to the following conditions: C:IETCIDevelopment Services Review120101Development Review110-3734 CUP Dickey Sidewalk Vendor103 Planning Commissionl02-14- 2011IComments and Redlines February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 4 of 20 (1) The operating area shall not exceed 40 square feet of sidewalk, which shall include the area of the mobile device, operator and trash receptacle. The Planning Division will provide a map of approved vendor locations. Finding: The applicant meets this requirement as indicated on the site pian with a 5' x 5' cart and trash receptacle totaling less than 40 square feet. (2) The length of the mobile device or pushcart shall not exceed 6 feet and the width shall not exceed 3 feet. Finding: The applicant proposes the cart to be 5 feet by 5 feet. As indicated on the site plan and as discussed throughout this report, given the proposed locations with wide sidewalks staff recommends in favor of the applicant's request for a slightly wider cart. (3) The height of the mobile device or pushcart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet. Finding: The applicant proposes a cart that would be 9 feet in height as indicated on the scaled drawing and color photo submitted with the application. Staff finds that the proposed cart meets the intent of the sidewalk vendor ordinance and would not adversely block views or impede pedestrian traffic in the locations proposed. This ordinance with a 5 -foot limit was written primarily for the standard cart with an umbrella mounted onto it. The proposed cart is a more custom cart with built-in screening and roof that performs the same function as an umbrella on a more standard manufactured cart. (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings. (5) Mobile generators are prohibited. (6) No sidewalk vendor may conduct business on a sidewalk in any of the following places: (a) Within 10 feet of the intersection of the sidewalk with any other sidewalk. Sidewalk intersections shall be kept clear for pedestrian safety. Finding: The applicant's proposed cart would be over 50 feet from the intersection of the sidewalk with. West Avenue. The sidewalk intersection will be kept clear for pedestrian activity. G:I ETCIDevelopment Services Review120101Development Rev110-3734CUP Dickey Sidewalk Vendor103 Planning Commission102-14- 20111Comments and Redlines February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 5 of 20 (b) Within 10 feet of any handicapped parking space, or access ramp. Finding: The proposed location is not within the proximity of a handicapped parking space or an access ramp. (c) Within 15 feet of a fire hydrant. Finding: The proposed location is not within the proximity of a fire hydrant. (d) Within 15 ft. of an entrance to a building. Finding: The location is not within close proximity of an entry to a building. (c.) The Planning Commission shall certify: (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: As discussed in previous findings of this report, the proposed location and specification of the sidewalk vendor cart would not result in visual impacts to automotive safety and pedestrian safety and convenience would be maintained. (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: N/A. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall provide a refuse container for customers as indicated on the site plans and in accordance with State and City regulations. In addition, any trash or litter within the sidewalk vicinity around the vendor is required to be removed daily at the end of operation, in accordance with City ordinance. (d.) Utilities, with reference to locations, availability, and compatibility; G:IETCIDevelopment Services Review120l01Development Review110-3734 CUP Dickey Sidewalk Vendor103 Planning Commission102-14- 20111Comments and Redlines February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 6 of 20 Finding: The subject use does not require additional connections to utilities. (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: All signage shall comply with the requirements of UDC Section 174 and 178.03. (g.) Required yards and other open space; and Finding: N/A (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that the proposed larger size for a sidewalk vendor as described throughout this application would meet the intent of the Outdoor Mobile Vendor ordinance and would contribute to making the urban environment in Downtown Fayetteville more attractive by encouraging engaged street activity. The proposed conditional use permit would not result in adverse impacts to existing uses in the area or public health or safety and would be compatible. G:I ETCIDevelopment Services Reviewl20101 Development Review110-3 734 CUP Dickey Sidewalk Vendor103 Planning Commissionl02-14- 20111Comments and Redlines February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 7 of 20 FAYETTEVILLE UNIFIED DEVELOPMENT CODE 178.03 Sidewalk Vendors (A) Purpose. Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain development patterns with wide sidewalks are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to regulate open air vending of goods on public rights-of-way. (B) Sidewalk Vendor Authorization. The Zoning and Development Administrator may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period. In addition to the general use requirements, the Zoning and Development Administrator shall ensure that no permit is granted unless: (1) The applicant has obtained all necessary permits from State or County authorities, including any Transient Merchant permit requirements. (2) The applicant has submitted a sales and use tax number, sales tax remittance forms and an affidavit that the applicant has fully paid all sales and use taxes during the previous twelve months, if applicable. (3) The applicant has filed a HMR tax remittance form with the City of Fayetteville, when applicable. (4) The applicant has notified all adjacent property owners, by certified mail, of the application. (C) Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $100 application and permit fee. Permits issued after July 1st shall be accompanied by a $50 application and permit fee. Each permit will expire at 3 a.m. on January 1st following the year issued. The permit fee shall be collected prior to issuance of the permit (1) Application for a sidewalk vendor permit shall include the following items in a format acceptable to the Zoning and Development Administrator: (a) Name, address and contact information. (b) Type of items sold or services rendered. (c) A valid copy of all necessary permits required by State and County health authorities. (d) Proof of application for remittance of HMR tax to the City of Fayetteville. (e) Means to be used in conducting business, including but not limited to, a description of any mobile container or device to be used for transport or to display approved items or services. (f) (g) A site plan indicating the location and dimensions of the proposed use and device or pushcart. A detailed scale drawing, picture or diagram and material specifications of the device or pushcart to be used. (2) The permit issued shall not be transferable in any manner. (3) The permit is valid for one sidewalk vending location only. G:IETCDevelopment Services Review120101Development Review110-3734 CUP Dickey Sidewalk Vendor103 Planning Co 20111Comments and Redlines sion102-14- February 14, 2011 Planning Commission CUP 10-3734 Dickey Agenda Item 4 Page 8 of 20