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HomeMy WebLinkAbout2014-11-24 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Planning Commission Meeting November 24, 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 November 10, 2014 meeting. 2. ADM 14-4902: Administrative Item (74 W. SPRING ST./ORDER 57, 484): Submitted by TULA ABUHAMDAN for property located at 74 W. SPRING ST. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.13 acres. The request is for a Mobile Vendor (Annual Permit). Planner: Jesse Fulcher 3. ADM 14-4903: Administrative Item (617 N. COLLEGE AVE./ZUPPA ZUPPA SOUP KITCHEN, 445): Submitted by ANN HARRIS for property located at 617 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.44 acres. The request is for a Mobile Vendor (Annual Permit). Planner: Quin Thompson 4. LSP 14-4737: Lot Split (2966 N. ALTUS DR/ABERNATHY, 258): Submitted by BLEW & ASSOCIATES for property located at 2966 ALTUS DRIVE. The property is located in the FAYETTEVILLE PLANNING AREA, and contains 9.54 acres. The request is for a variance of the lot width requirement in the Planning Area to allow a lot split. Planner: Jesse Fulcher Old Business S. RZN 14-4864: Rezone (232 W. ASH ST./KOUTROUMBIS, 367): Submitted by PARKER & ASSOCIATES for property located at 232 W. ASH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. Planner: Quin Thompson Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 New Business 5. LSP 14-4737: Lot Split (2966 N. ALTUS DR/ABERNATHY, 258): Submitted by BLEW & ASSOCIATES for property located at 2966 ALTUS DRIVE. The property is located in the FAYETTEVILLE PLANNING AREA, and contains 9.54 acres. The request is for a variance of the lot width requirement in the Planning Area to allow a lot split. Planner: Jesse Fulcher 6. LSD 14-4874: Large Scale Development (2016 W. MARTIN LUTHER KING BLVD./BLUE TOP LIQUOR, 520): Submitted by CRAFTON TULL &ASSOCIATES for property located at 2016 W. MARTIN LUTHER KING BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 1.10 acres.The request is for construction of a 7,500 square foot retail store and restaurant. Planner: Jesse Fulcher 7. RZN 14-4875: Rezone (WEST END OF TRUCKERS DR./LEGACY BANK, 208/209): Submitted by ENGINEERING SERVICES, INC. for property located at WEST END OF TRUCKERS DR. The property is zoned RPZD-RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.54 acres. The request is to rezone the property to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. Planner: Quin Thompson The following items have been approved administratively by staff: LSP 14-4872: Lot Split (5059 W. WHEELER RD./MAYS, 320): Submitted by ENGINEERING SERVICES, INC. for property located at 5059 W. WHEELER RD. The property is in the FAYETTEVILLE PLANNING AREA and contains one tract totaling 10.18 acres. The request is to split the property into two tracts containing approximately 7.99 and 2.19 acres each. Planner: Quin Thompson Adjourn 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. 2 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission November 10, 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, Cory Granderson — Staff Engineer, Ken Easton — Urban Forester, and Blake Pennington —Assistant City Attorney 1. Call to Order: 5:30 PM, Tracy Hoskins 2. In Attendance: Craig Honchell, Ryan Noble, Kyle Cook, William Chesser, Porter Winston, Tracy Hoskins, Janet Selby, and Sarah Bunch Absent: Ron Autry Staff: Andrew Garner, Jesse Fulcher, and Kit Williams 3. Approval of the minutes from the October 27, 2014 meeting. ADM 14-4878: ADMINISTRATIVE ITEM (E. HUNTSVILLE RD./ QUARRY TRACE SUBDIVISION; 571): Submitted by CRAFTON TULL & ASSOCIATES, ASSOCIATES for property located on E. HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 35.90 acres. The request is to amend the approved preliminary plat for Quarry Trace Subdivision to include a phasing line. ADM 14-4880: Administrative Item (617 N. COLLEGE AVE./SIDNEY'S EMPORIUM, 445): Submitted by SIDNEY SIMONS 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. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Mailing Address: Planning Commission 113 W. Mountain Street www.fayet febff.�6u2014 Fayetteville,AR 72701 Agenda Item 1 11-10-14 Minutes Page 1 of 9 4. Old Business: VAR 14-4877: Variance (LOT 25, CRESCENT LAKE SUBDIVISION, 607): Submitted by BAUMANN-CROSNO CONSTRUCTION for property located at LOT 25 IN THE CRESCENT LAKE SUBDIVISION. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.40 acres. The request is for a variance of the Streamside Protection Zone. Alan Pugh, staff engineer, gave the staff report. Mike Baumann, applicant, thanked the City Attorney and the staff and stated agreement with the conditions of approval. No public comment was presented. Commissioner Winston asked about condition of approval #1. Alan Pugh explained the condition of approval. Kit Williams, City Attorney, thanked the staff engineer and applicant for working towards a solution. Commissioner Cook discussed that this is the right thing in this situation. Motion: Commissioner Winston made a motion to approve VAR 14-4877 with conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 22,2014 Agenda Item 1 11-10-14 Minutes Page 2 of 9 RZN 14-4859: Rezone(300 &400 BLOCK OF MILK BLVD./NIEDERMAN ENTERPRISES, 524): Submitted by BATES & ASSOCIATES for property located at 300 & 400 BLOCK OF MLK BLVD. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.93 acres. The request is to rezone the properties to DG, DOWNTOWN GENERAL. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Zara Niederman, applicant, discussed a power point presentation, the Walker Park Master Plan, the location of the property between two areas that are already zoned Downtown General, and goals from City Plan 2030. Commissioner Chesser discussed his concerns with the Downtown General zoning district in this location. Commissioner Hoskins asked the applicant to describe why Downtown General was needed for his property. Niederman stated that you couldn't have multiple buildings with a mix of uses in less intense districts because of the size limitation of Use Unit 12. Commissioner Chesser asked staff about districts that give you development patterns similar to Dickson Street. Fulcher stated that Main Street Center and Downtown General were comparable. Commissioner Winston stated he was a little concerned with the height allowance in Downtown General, but his fears were allayed by the location of the property and economic factors. Doesn't foresee any buildings over 4 stories.This property feels more like the gateway into the neighborhood than the property to the east. Commissioner Cook stated there is enough Downtown General in the area. Neighborhood Conservation protects the neighborhood. Commissioner Honchell asked the applicant about properties that he had rehabbed and stated that he wasn't concerned with him building a large building and removing existing buildings. Hesitant about the rezoning, but will support. Motion: Commissioner Honchell made a motion to forward RZN 14-4859 to City Council with a recommendation for approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Cook and Chesser voted 'no'. Planning Commission November 2$,2014 Agenda Item 1 11-10-14 Minutes Page 3 of 9 New Business: ADM 14-4881: Administrative Item (1920 W. MARTIN LUTHER KING BLVD.1WHATABURGER, 520): Submitted by KIMLEY-HORN & ASSOCIATES for property located at 1920 W. MARTIN LUTHER KING BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for an amendment to CUP 14-4705 for additional parking. Jesse Fulcher, Senior Planner, read the staff report. Zach Johnson, applicant, had no comments. No public comment was presented. Motion: Commissioner Winston made a motion to approve ADM 14-4881 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 24,2014 Agenda Item 1 11-10-14 Minutes Page 4 of 9 RZN 14-4864: Rezone (232 W. ASH ST./KOUTROUMBIS, 367): Submitted by PARKER & ASSOCIATES for property located at 232 W. ASH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL THE NOVEMBER 24. 2014 MEETING. Motion: Commissioner Chesser made a motion to table RZN 14-4864 until the 11-24-14 meeting. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 2$,2014 Agenda Item 1 11-10-14 Minutes Page 5 of 9 RZN 14-4868: Rezone (2030 S. MORNINGSIDE/PRISM EDUCATION CENTER, 603): Submitted by MICHAEL SCHULTZ for property located at 2030 S. MORNINGSIDE. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 9.22 acres. The request is to rezone the property to 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. Jesse Fulcher, Senior Planner, read the staff report. Michael Shultz, applicant, stated that the zoning request was appropriate. Public comment: Elizabeth Warren, stated that a school is a nice use. She currently operates an equestrian trail on and around this property. Asked the applicant's to keep the trees in the front of the property. There was also a large tree cut down and stolen from the north end of the property. Kristi Spellmaker, stated she supported the rezoning. Chung Tan, Chamber of Commerce, stated the Chamber had concerns with locating a school in this location. This is an area of heavy industries, 4,000 employees during shift change, lots of heavy trucks and 18-wheelers. Casey Shreve, supports the rezoning request. No more public comment was presented. Misty Newcomb, applicant, stated they have three current locations for the school and they all front on streets that carry more traffic than Morningside or Pump Station. The location is very appropriate for our users. Commissioner Chesser stated he would have concerns with an industrial use in a school area, but this is not the case here. We are reviewing the zoning and not the potential land use; they may never build a school. I agree with staff that 1-1 is as appropriate as 1-2 and don't find the Chamber's argument to be that strong. Commissioner Cook agreed with Commissioner Chesser. The zoning is okay. Commissioner Porter asked about the prior tree removal and for staff to make note of this. Commissioner Hoskins asked about the school users. Newcomb stated it as a K-12 school with about 500 children. Commissioner Hoskins stated it was a matter of compatibility. I am concerned with the use and traffic. Also, there is a limited amount of 1-2 property. Can't support the rezoning. Commissioner Honchell stated he as in big favor of education, but am concerned with safety. There are massive trucks and high speeds in the area. Planning Commission November 26,2014 Agenda Item 1 11-10-14 Minutes Page 6 of 9 Commissioner Winston stated the land use is far from the City core. Commissioner Bunch stated that close in isn't close to everyone. Hopefully they will take steps to make this a school zone. Will probably support the rezoning. Motion: Commissioner Chesser made a motion to forward RZN 14-4868 to City Council with a recommendation of approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 5-3-0. Commissioners Honchell, Winston, and Hoskins voted `no'. Planning Commission November 24,2014 Agenda Item 1 11-10-14 Minutes Page 7 of 9 RZN 14-4867: Rezone (2269 N. HENBEST DRJADVENTURE SUBARU, 325): Submitted by JORGENSEN AND ASSOCIATES for property located at 2269 N. HENBEST RD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 4.17 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. Andrew Garner, City Planning Director, gave the staff report. Don Nelms, applicant, discussed that we will sell about 1,600 cars this year. He further described the business operations of Adventure Subaru. I wish we had never agreed to the CS zoning. I have never seen anything like this in the United States with increasing car sales. This year we will sell about 500,000 new Subarus in the United States. We simply cannot go anywhere else. It is my land and will create less traffic than any other use there. It is my land and it will sit there until we can use it for the Subaru dealership. It will not be used for anything else. The land on College Avenue that we own is not being used. If we ever hit the United States average of a 60-day car inventory turnaround it would be very costly to use the site on College Avenue and drive the cars over. We need the site to be together. It is obviously the right thing to do. This growth was not something that we anticipated in the auto industry. No public comment was presented. Commissioner Honchell discussed that when this came through we basically created an island out there. The Nelms name is synonymous with car dealerships in Fayetteville, you have been a good neighbor and a great asset to the City. When you built the lot you could have gone anywhere and you stayed local. I don't think you will build anything outlandish. You will expand the business as you have in the past. I would support the rezoning 100%. Commissioner Chesser discussed that staff discussed they do not feel that this property should be rezoned C-2. I agree with staff in this case. I would like to buy a car here and have bought a car from Nelms. The City does have rules. I think it is fantastic that this car dealer is doing well. Unlike Commissioner Honchell I cannot support the rezoning. Commissioner Hoskins was surprised to find out that one of the homes is being used as a single family house. The Kum and Go property was zoned C-1 after much debate. What is it that the Nelms can do in CS? Garner discussed Use Unit 17 and the options for developing a car dealership in CS versus C-2. Commissioner Hoskins asked about objectionable uses in C-2. Garner responded that adult live entertainment and liquor stores are permitted uses. Commissioner Hoskins discussed various reasons why he would support C-2. Blake Jorgensen, applicant's engineer, discussed why developing it in the existing CS zoning is difficult. Jesse Fulcher, Senior Planner, discussed that the easements do not encompass the entire site. Planning Commission November 29,2014 Agenda Item 1 11-10-14 Minutes Page 8 of 9 Kit Williams, City Attorney, discussed that he agreed with the planner that it won't be feasible to develop under CS. He discussed concerns that the City is going to try to tell a landowner that owns almost an entire block that they cannot expand their business on their property. I just want to bring that to your attention that if we would deny them the use of their property for a car dealership I have concerns. Commissioner Cook discussed that he hates C-2 zoning. The fact of the matter is, he does own all this property. I will support it in this case. Commissioner Winston discussed that this property is bordered by large radius roads. As a neighbor, an area used for parking cars is good for the neighborhood. The use will be fine. Motion: Commissioner Winston made a motion to forward RZN 14-4867 to City Council with a recommendation of approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Chesser voted `no'. 5. Reports: No reports 6. Announcements: No announcements 7. Adjournment Time: 7:06 PM 8. Submitted by: City Planning Division Planning Commission November 29,2014 Agenda Item 1 11-10-14 Minutes Page 9 of 9 CITY OF ayepi le PLANNING COMMISSION MEMO Y ARKANSAS TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Senior Planner MEETING DATE: November 24, 2014 SUBJECT: ADM 14-4902: Administrative Item (74 W. SPRING ST./ORDER 57, 484): Submitted by TULA ABUHAMDAN for property located at 74 W. SPRING ST. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.13 acres. The request is for a Mobile Vendor (Annual Permit). RECOMMENDATION: Staff recommends approval of ADM 14-4902, BACKGROUND: The subject property is located at the northwest corner of Spring Street and Block Avenue. With the exception of temporary uses for festivals or parking, the lot hasn't been developed in several decades. The applicant, Order 57 food trailer, received a mobile vendor 6-month permit to operate on the property on October 13, 2014. DISCUSSION: Request:The applicant is requesting approval of a Mobile Vendor Annual Permit at 74 W. Spring Street. RECOMMENDATION: Staff recommends approval of ADM 14-4902. Condition of Approval: 1. The permit shall be valid for 365 days from the date of approval of the mobile vending permit, to allow this business to remain in its current location until October 13, 2015. 2. In accordance with Federal ADA law and City Code (UDC Section 178.04.D.8), the trailer for this vendor does not meet ADA compliance, therefore the general public are not permitted to access/shop in the interior of the trailer. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettd011e go,2014 Fayetteville, AR 72701 Agenda Item 2 14-4902 Order 57 Page 1 of 9 PLANNING COMMISSION ACTION: Required Date: November 24, 2014 O Approved O Forwarded O Denied Motion: Second: Vote: Notes: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Chapter 178.04 • Site Plan • Menu • Photo • 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). It should be noted that the City parking requirements for this food trailer include two parking spaces which are accommodated in the undeveloped lot. (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: The business owner has been operating legally from this property for the past month and maintains a clean and orderly appearance. To the knowledge of staff this business has operated from this location without creating 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 Planning Commission G:\ETC\Development services Review\2014\Development Review\14-4902 ADM(Order 57-Mobile Vendor)\03 Planning November 24,2014 Commission\11-24-2014\Comments and Redlines Agenda Item 2 14-4902 Order 57 Page 2 of 9 to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. Finding: The business does not match or duplicate offerings of adjacent permanent businesses. Planning Commission G:\ETC\Development Services Revlew\20140evelopment Review\14-4902 ADM(Order 57-Mobile Vendor)103 Planning November 24,2014 Commission\11-24-2014\Comments and Redlines Agenda Item 2 14-4902 Order 57 Page 3 of 9 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 GAETC\Development Services Review\2014\Development Review\14-4902 ADM(Order 57-Mobile Vendor)\03 Planning November 24,2014 Commission\11-24-2014\Comments and Redlines Agenda Item 2 14-4902 Order 57 Page 4 of 9 (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 G:\ETC\Development Services Review\2014\Development Review\144902 ADM(Order 57-Mobile Vendor)\03 Planning November 24,2014 Commission\11-24-2014\Comments and Redlines Agenda Item 2 14-4902 Order 57 Page 5 of 9 r i kv • i L_. �4 µ YL S •.� . ; r 1 3� I I 1 : Slone, Amy From: Toula Abuhamdan <tabuhamdan@gmail,com> Sent: Friday, October 10,201412:55 PM To: Slone,Amy Subject: Re:vendor permit/menu Menu includes but is not limited to.. 6ukhariyeh..A spivey rice dish with sauteed carrots and onions...Serves with a garlic and cucumber yogurt.. Add chicken,optional.. Magally sandwiches... Eggplant and cauliflower sandwiches topped with either tahini sauce or a spicy walnut and !r:arind sauce.. Lettuce tomato side. Couscous... Served with either a vegetable sauce or a chicken and vegetable sauce... Shawerma wrap... Grilled chicken with shawerma spices... Garlic aioli and pickles. Sent from my iPhone On Oct 9,2014,at 10:48 AM,Slone,Amy<aslone@fayetteville-ar.Rov>wrote: Ms.Abuhamdan, You are wanting the annual permit,correct? That is what is checked on your application. We are processing your permit now. To get the annual permit we will need to place you on the agenda for Planning Commission. Please email me a copy of your menu and a picture or drawing of your trailer with the dimensions labeled. We should be able to get you operational while we are waiting for the Planning Commission to approve your annual permit. Amy Slone Planning Technician Development Services City of Fayetteville T 479.575.8264 Facebook I Twitter I YouTube <image003.png> 1 Planning Commission November 24,2014 Agenda Item 2 14-4902 Order 57 Page 7 of 9 Planning Commission November 24,2014 Agenda Item 2 14-4902 Order ADM 14-4902 ORDER 57 Close Up View i _ f .MBC SUBJECT PROPERTY I _ SPRING ST W I 0 n W J Q Legend ............• Multi-Use Trail (Existing) •^...... Future Trails b=MJWADM14-4902 L- - -I Fayetteville City Li rylits — Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 37.5 75 150 225 300 ------ Planning Area Feet Planning Commission November 24, 14 14-4902 Order 57 Page 9 of 9 CITY OF leaYPLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner MEETING DATE: November 24, 2014 SUBJECT: ADM 14-4903: Administrative Item (617 N. COLLEGE AVE./ZUPPA ZUPPA SOUP KITCHEN, 445): Submitted by ANN HARRIS for property located at 617 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.44 acres. The request is for a Mobile Vendor Annual Permit. RECOMMENDATION: Staff recommends approval of ADM 14-4903. 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. The applicant, Zuppa Zuppa soup kitchen, obtained an outdoor mobile vending permit to operate as a mobile vendor on private property on September 17, 2013. The permit was valid for 90 days and expired on December 16, 2013. At the January 13, 2014 Planning Commission meeting the applicant requested a variance of Fayetteville Unified Development Code Section 178.04(C) to allow for their Outdoor Mobile Vendor Permit to be granted for an additional nine (9) months. The item was tabled at the applicant's request to the following meeting (January 27, 2014) but was never placed on the agenda for that meeting. Staff believes that the application was withdrawn by the applicant because an amended mobile vendor ordinance was being discussed by the City Council at that time, and later became Ordinance No.5666 on March 18, 2014. It appears that the applicant did not apply for a mobile vendor permit under the new ordinance DISCUSSION: Request: The applicant requests a Mobile Vendor Annual Permit for location on private property. The business (a soup vendor) has operated in the requested location since September 17, 2013 and operated in compliance with City code until December 16, 2013 at which point the applicant's mobile vendor permit expired. Mailing Address: Planning Commission 113 W. Mountain Street www.fayett@k W0h?.§bIv 2014 Fayetteville, AR 72701 Agenda Item 3 14-4903 Zuppa Zuppa Page 1 of 11 RECOMMENDATION: Staff recommends approval of ADM 14-4903, finding that the business meets the minimum requirements and intent of Chapter 178.04, which states: The purpose [of the ordinance] 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. Condition of Approval: 1. The permit shall be valid for 365 days from the date of approval of the Mobile Vendor Annual Permit, to allow this business to remain in its current location until November 24, 2015. 2. In accordance with Federal ADA law and City Code (UDC Section 178.04.D.8), the trailer for this vendor does not meet ADA compliance, therefore the general public are not permitted to access/shop in the interior of the trailer. PLANNING COMMISSION ACTION: Required Date; November 24, 2014 O Approved O Forwarded O Denied Motion: Second: Vote: Notes: FINDINGS OF THE STAFF 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. (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) Planning Commission GAETC\Development Services Review\2014\Development Review\14-4903 ADM 617 N.College Ave.(Zuppa Zuppa Soup-Mobil ovember 24,2014 Vendor)\03 Planning Commission\11-24-2014\Comments and Redlines Benda Item 3 14-4903 Zuppa Zuppa Page 2 of 11 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: The subject property has been utilized for several years for mobile vending and maintains a clean and orderly appearance. 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. Finding: The business does not match or duplicate offerings of adjacent permanent businesses. Planning Commission G:1ETC1Development Services Review120141Development Review114-4903 ADM 617 N.College Ave.(Zuppa Zuppa Soup-Mobil ovember 24,2014 Vendor)103 Planning CommissionU 1-24-2014\Comments and Redlines Benda Item 3 14-4903 Zuppa Zuppa 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. ,u) 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 :,)cation 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. ('i) 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 G:\ETC\Development Services Review\2014\Development Review\14-4903 ADM 617 N.College Ave.(Zuppa Zuppa Soup-MobilNovember 24,2014 Vendor)\03 Planning Commission111-24-2014\Comments and Redlines Agenda Item 3 14-4903 Zuppa Zuppa 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 G:\ETC\Development Services Review\2014\Development Review\14-4903 ADM 617 N.College Ave.(Zuppa Zuppa Soup-MobilNovember 24,2014 Vendor)\03 Planning Commission\11-24-2014\Comments and Redlines Xgenda Item 3 14-4903 Zuppa Zuppa Page 5 of 11 BUDGETISTAFFIMPACT: None ATTACHMENTS: • Chapter 178.04 • Application • Site Plan • Sample Menu Vendor photograph • One Mile Map • Close Up Map Planning Commission G:TTC\Development Services Review\20140evelopment Revlew\14-4903 ADM 617 N.College Ave.(Zuppa.'Zuppa Soup-Mobiovember 24,2014 Vendor)103 Planning Commission\1 1-24-2014\Comments and Redlines genda Item 3 14-4903 Zuppa Zuppa Page 6 of 11 i —Zm ME? lag 30F a AN 2 9 21 pS VO H Oq 150 Ino Wnj HT11 Sixa p ad U. cA PA C4 0 x C., r� 0 6 0 4 00 co ba z 0 C4 0 14 Li > eq 0-11 M' O Planning Commission November 24,2014 Agenda Item 3 14-4903 Zuppa Zuppa Page 7 of 11 . y f : �/�t • 'a, IT J1.�� .r ti. 1✓ y,. v r 4.c. � t i„ ` YfMT+ �ly+i�7,-�'fi►,+�K,d�'��,�w]y .r'��g Ei � 1 g dx r r r5 •1 ��r� I ! 1 � � '1 411 iY� ?r 4 . I � i 1 1 E �� ' �I �� f i4 r LL(1 •rf �, •� _ ' oar �i'�� ,�I I 31 •A�/f4 JyQ �l ��I��fl it CJI jai t ADM14-4903 ZUPPA ZUPPA Close Up View 3 pal REBECCA ST I: r I �+ NroHBtvp SUBJECT PROPERTY L . d I I i I ' x s Legend - - • - Multi-Use Trail (Exi .ting),.5 DAVIDSON ST } 7 Fut' Trails; © AQM44 4903 T1 IISI -',,Fayetteville City Li nits _ Footprints 2010 — Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di Arict 0 37.5 75 150 225 300 ------ Planning Area Feet Planning Commis ion November 24,2014 14-4903 Zuppa Zuppa Page 10 of 11