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Home My WebLink About2015-08-10 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting August 10, 2015 5:30 PM 113 W. Mountain, Room 219 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the July 27, 2015 meeting. 2. VAC 15-5127: Vacation (19 N. PALMER AVE./BAKER, 482): Submitted by ALLEN BAKER for property located at 19 N. PALMER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.35 acres. The request is to vacate a portion of a sewer easement. Planner: Jesse Fulcher 3. ADM 15-5152: Administrative Item (731 S. RAZORBACK RD./MOOLICIOUS ESPRESSO, 560): Submitted by CODY BAILEY for property located at 731 S. RAZORBACK RD. The property is zoned UT, URBAN THOROUGHFARE and contains approximately 0.94 acres. The request is for a one year mobile vendor permit. Planner: Quin Thompson 4. ADM 15-5153: Administrative Item (TIMBER TRAILS SUBDIVISION PZD AMENDMENT, 526): Submitted by ERSTINE HOLDING CO. for properties located in the TIMBER TRAILS SUBDIVISION. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT TIMBER TRAILS (R-PZD 04-1154) and contain approximately 25.87 acres. The request is an amendment to the PZD to modify the zoning of Lots 70 through 77, 98, & 99 to allow for single family residential development. Planner: Jesse Fulcher 5. ADM 15-5151: Administrative Item (4170 W. MILK BLVD./HELLO COCOA, 595): Submitted by ABBY STEWART for property located at 4170 W. MLK BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is for an amendment to the original CUP 14-4812 to allow for retail sales. Planner: Jesse Fulcher Old Business Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6. ADM 15-5140: Administrative Item (1549 E. JOYCE BLVD./BANK OF THE OZARKS, 175): Submitted by POLK, STANLEY, WILCOX ARCHITECTS, INC. for property located at 1549 E. JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.96 acres. The request is a variance of the commercial design standards. Planner: Quin Thompson New Business 7. VAR 15-5146: Variance (350 N. CANVAS RD./HANNAH, 491): Submitted by BATES & ASSOCIATES, INC. for property located at 350 N. CANVAS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.00 acres. The request is for a variance of the lot width requirements to allow a lot split. Planner: Jesse Fulcher 8. VAR 15-5155: Variance (1606 N. LEVERETT AVE./HARRIS, 405): Submitted by BATES & ASSOCIATES, INC.for property located at 1606 N. LEVERETT AVE. The property is zoned RMF- 24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.49 acres. The request is for a variance of the driveway radius requirements. Planner: Jesse Fulcher 9. LSD 15-5097: Large Scale Development (NORTH OF 1967 W. TRUCKERS DR./GRAND RETIREMENT COMMUNITY, 208): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 1967 W.TRUCKERS DR. The property is zoned RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and contains approximately 20.54 acres. The request is for construction of a retirement community consisting of a main building with 109 units, 55 single family cottages, and a clubhouse with associated parking. Planner: Quin Thompson APPLICANT HAS REQUESTED ITEM 9 (LSD 15-5097) BE TABLED TO THE AUGUST 24 MEETING. 10. RZN 15-5130: Rezone (1285 E. MILLSAP RD./CHRISTIAN LIFE CATHEDRAL, 213): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 1285 E. MILLSAP RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 15.06 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Planner: Quin Thompson The following items have been approved administratively by staff: LSP 15-5131: Lot Split (237 S. LOCUST AVE./GRAY, 523): Submitted by BLEW & ASSOCIATES, INC. for property located at 237 S. LOCUST AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.21 acres. The request is to split the property into 2 lots containing approximately 0.12 and 0.09 acres each. Planner: Quin Thompson Announcements 2 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 Chairrecognizes you, go to the podium and give yourname and address.Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. 3 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission July 27, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, and Kit Williams—City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch 2. In Attendance: Sarah Bunch, Thomas Brown, Janet Selby, Tracy Hoskins, Matthew Hoffman, Ron Autry, Ryan Noble, and Kyle Cook Absent: William Chesser Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Corey Granderson, and Kit Williams 3. Consent Agenda: Approval of the minutes from the July 13, 2015 meeting. VAC 15-5116: Vacation (808 N. HIGHLAND AVE./TUCKER, 445): Submitted by JOSEF TUCKER for property located at 808 N. HIGHLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a utility easement. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Autry 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.fayetft6olil-llft.0v5 Fayetteville,AR 72701 Agenda Item 1 7-27-15 Minutes Page 1 of 16 4. Old Business: ADM 15-5111 Administrative Item (UDC AMENDMENT CHAPTER 163.03: BED AND BREAKFAST FACILITIES AND CHAPTER 151: DEFINITIONS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 163.03. The proposal is to modify bed and breakfast facility definition and use conditions. Quin Thompson, Current Planner, gave the staff report. No public comment was presented. Tracy Hoskins, Commissioner, said that in his reading, it appeared that a 'guest' of the bed and breakfast could be construed as anyone who has come to dinner, and suggested that staff make clear that the intention is that 'guest' should refer to those staying overnight [or attending an event at the facility.] Motion: Commissioner Cook made a motion to forward ADM 15-5111 recommending approval as proposed by staff. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,215 Agenda Item 1 7-27-15 Minutes Page 2 of 16 ADM 15-5088 Administrative Item (UDC AMENDMENT CHAPTER 172.05 NON- RESIDENTIAL PARKING REQUIREMENTS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 172.05. The proposal is to remove minimum parking standards for non-residential uses. Quin Thompson, Current Planner, gave the staff report. No public comment was presented. Tom Brown, Commissioner, spoke about research he had done, reading APA (American Planning Association) best practices, reading codes from 17 cities and provided synopses for the Commission to consider. None of those cities removed parking ratios entirely, but linked incentives to allowing developers to reduce parking. Mr. Brown suggested that it would not be a good idea to allow[development] community to make parking choices without city regulation. He said he would be happy to show staff how to design a matrix of objectives and incentives that would move the city towards its goals. Tracy Hoskins, Commissioner, said he was looking for information regarding the idea, proposed my Mr. Brown, for a fee structure for allowing less parking, but that it he did not find that in the information provided by Mr. Brown. He said that the cities appeared to be concerned with parking in dense downtown areas exclusively. Andrew Garner, City Planning Director, said that parking has for decades been based on parking counts made on maximum parking needs, specifically the day after Thanksgiving, which is typically the busiest shopping and parking day of the year. He said that this is a amendment on the progressive side in relation to other cities, but that it is not such a large step that Fayetteville would be alone in this type of thinking. Hoskins said that he supported staffs work on this proposal. Matthew Hoffman, Commissioner, said that this was a straightforward proposal, noting that cars don't buy goods, but that people do. He said that the majority of developed land in Fayetteville is used for parking vehicles. He said that parking requirements limit the number of businesses that can fit along city streets. He spoke about 'induced demand', in which more parking and more roads create more congestion and incentive to drive. He said the proposal is a simple market based approach to development. He noted that there is not any such thing as 'free' parking; that businesses pay to build and maintain parking, and pass those costs on to customers. He said that the current practices encourage a 'sub-par' style of development. He said that he would like to see a city more progressive than Seattle and more business friendly than Los Angeles. Motion: Commissioner Hoffman made a motion to forward ADM 15-5088 to City Council. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Brown voted `no'. Planning Commission August 10,315 Agenda Item 1 7-27-15 Minutes Page 3 of 16 New Business: VAR 15-5115: Variance (690 N. BETTY JO DR./DOYLE, 523): Submitted by JAMES DOYLE for property located at 690 N. BETTY JO DR. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is for a variance of the fence height requirement. Quin Thompson, Current Planner, gave the staff report. No public comment was presented. James Doyle, Applicant, was present to represent the project. Tracy Hoskins, Commissioner, asked what type of fence was proposed; whether it would be a box fence with wood on both sides. Doyle said that he would agree to that if the neighbor wanted to share the fence [costs]. Hoskins said that the precedent is set on other properties, but that he does not think that it improves either the safety or appearance of the neighborhood. Kyle Cook, Commissioner, asked if the commission could require a double sided fence. Andrew Garner, City Planning Director, said that it was possible to require that as a condition of approval. Janet Selby, Commissioner, asked if the existing fences were two sided and said she was concerned about sightlines. Hoskins said he did not know if they were, but that it is a common practice. Ron Autry, Commissioner, said that he would support a two sided fence. Hoffman said he would support a two sided fence, which he considered an incremental improvement. Sarah Bunch, Chair, said that the fence may improve the neighborhood slightly, noting that the street had similar units without landscaping or any real differentiation. She said she was in favor of the two sided 'shadow box' fence. Autry asked Mr. Doyle if he agreed to the two sided fence. Doyle said that he would prefer to the City do something about the trash collection dumpsters, saying they looked terrible. Motion #1: Commissioner Hoskins made a motion regarding ADM 15-5115 to change condition of approval #1 to say that the fence should be a "shadow box" style. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,2415 Agenda Item 1 7-27-15 Minutes Page 4 of 16 Motion #2: Commissioner Hoskins made a motion to approve ADM 15-5115 with the amended condition #1. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,7015 Agenda Item 1 7-27-15 Minutes Page 5 of 16 CUP 15-5121: Conditional Use (SE CORNER OF STEELE &JOYCE BLVDS./CMN LOT 9E-BUFFALO WILD WINGS, 134/173): Submitted by RICKETT ENGINEERING for property located at the SE CORNER OF STEELE &JOYCE BLVDS. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 1.72 acres. The request is for additional parking. LSD 15-5120: Large Scale Development (SE CORNER OF STEELE & JOYCE BLVDS./CMN LOT 9E-BUFFALO WILD WINGS, 134/173): Submitted by RICKETT ENGINEERING for property located at S.E. CORNER OF STEELE & JOYCE BLVDS. The property is zoned C-2,THOROUGHFARE COMMERCIAL, and contains approximately 1.72 acres. The request is for construction of a 5,005 square foot restaurant with associated parking. Andrew Garner, City Planning Director, gave the staff report for both CUP 15-5131 and LSD 15-5120. Jeff Elliott, applicant was present for any questions. No public comment was presented. Commissioner Cook gave a subdivision committee report. Commissioner Hoffman discussed that considering the development going on around this he felt that additional bike racks would be appropriate. Commissioner Hoskins asked about the motorcycle/scooter parking spaces. Mr. Rickett indicated they are meeting the minimum number of motorcycle/scooter parking spaces. Mr. Elliott indicated they need all the vehicle spaces they can get on this site. Motion: Commissioner Autry made a motion to approve CUP 15-5121 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Jeff Elliott, applicant, indicated they would be happy to install the additional bike racks as shown on the plans. Motion: Commissioner Hoffman made a motion to approve LSD 15-5120 as recommended by staff, making note of the applicant's statement to install the additional bike racks. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,20015 Agenda Item 1 7-27-15 Minutes Page 6 of 16 VAR 15-5133: Variance (1640 E. ROCKWOOD TRAIUSMART, 485): Submitted by LESLIE SMART for property located at 1640 E. ROCKWOOD TRAIL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.67 acres. The request is for variance of the maximum size of an Accessory Dwelling Unit. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Greg Smart, applicant, had no additional comments. Motion: Commissioner Hoskins made a motion to approve VAR 15-5133 as recommended by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,2D15 Agenda Item 1 7-27-15 Minutes Page 7 of 16 ADM 15-5140: Administrative Item (1549 E. JOYCE BLVD./BANK OF THE OZARKS, 175): Submitted by POLK, STANLEY, WILCOX ARCHITECTS for property located at 1549 E. JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.96 acres. The request is a variance of the commercial design standards. Quin Thompson, Current Planner, gave the staff report. No public comment was presented. Craig Curzon, Applicant, was present to represent the project. He said that safety concerns and having to staff two entrances were the major concerns of the bank. Hoskins, Commissioner, noted that the Commission had recently supported a variance on a similar project where the applicant redesigned the elevation to improve the appearance of the elevation. He said that where a variance was sought, then some more creative design should be necessary if an entry was not being provided. Tom Brown, Commissioner, said that he thought there appeared to be a lower level entrance behind a knee wall that added articulation that may be imagined to be an entrance and that he would support the variance. Curzon said that the knee wall was a screen wall for mechanical equipment. Matthew Hoffman, Commissioner, said that he agreed with Hoskins. He said that pedestrians are fooled by false windows and walls, and that buildings should be designed for the corner lot condition. Ron Autry, Commissioner, noted that several nearby banks do not meet this requirement. Tracy Hoskins, Commissioner, suggested that an aerial image be consulted showing nearby and recently approved banks. Andrew Garner, City Planning Director, said that nearby banks mentioned were approved before the ordinance required a primary entry on all facades facing a public street. Tom Brown, Commissioner, noted that he is not an architect, but that it appeared to him that the screen wall provides depth to the elevation. Mr. Brown made motion number 1. Hoskins said he thought it would be appropriate to table the project to allow the applicant time to redesign the project. Garner recommended tabling the project for two weeks. Motion #1: Commissioner Brown made a motion to approve ADM 15-5140. Commissioner Autry seconded the motion. Upon roll call the motion failed with a vote of 3-5-0. Commissioners Hoskins, Cook, Hoffman, Bunch, and Selby voted `no'. Planning Commission August 10,2015 Agenda Item 1 7-27-15 Minutes Page 8 of 16 Motion #2: Commissioner Hoskins made a motion to table ADM 15-5140 to the next meeting. Commissioner Hoffman seconded the meeting. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,2915 Agenda Item 1 7-27-15 Minutes Page 9 of 16 ADM 15-5135: Administrative Item (RUPPLE ROW SUBDIVISION PZD AMENDMENT, 439): Submitted by ROB KIMBEL for properties located in the RUPPLE ROW SUBDIVISION. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT RUPPLE ROW (R-PZD 05-1547) and contain approximately 41.70 acres. The request is an amendment to the PZD to modify the zoning of the duplexes and triplexes on Wordsworth Lane to allow up to four unrelated persons to live in each dwelling unit. Andrew Garner, City Planning Director, gave the staff report. Rob Kimbell, applicant, indicated that they are not asking for anything more than what we are currently doing. He discussed that we are a unique PZD zoning district. It is a little bit different than a single family zoning district. He discussed the background of the Rupple Row PZD and the original language presented to the City Council. We have not had issues in this neighborhood with over-occupancy. There are RT-12 rentals that abut this neighborhood. We have the full support of the POA and the Boys and Girls Club. When I started the price in Rupple the price was $77/sq. ft. and now it is around $100/sq. ft. I don't feel that we've done anything that is damaging to the neighborhood. No public comment was presented. Commissioner Hoskins asked the City Attorney about determining in that it is not a modification at all. They are appropriately using the property as originally approved. Garner indicated that an appeal of the zoning decision could be taken to the Board of Adjustment but it is not being proposed or considered here. Commissioner Hoskins asked about the floor plan in the units. Rob Kimbell, applicant, discussed the layout of the units. Commissioner Hoskins asked about the two-family dwellings and up to four unrelated dwellings. Commissioner Hoskins discussed that this is not a single family subdivision. I am trying to figure out how this PZD got labeled a single family neighborhood. If that means that we have to okay a zoning change to bring them into compliance then that is what we need to do. I am also looking at the use of the property there has not been in any problems. Every indication is that I can put multi-family down this street. Commissioner Cook discussed that there are no complaints and he has been operating it this way with no complaints. Commissioner Brown asked about the definition of family. City Attorney, Kit Williams explained that if council changes the zoning classification the definition of multi-family would be applied to this development. It would not be changing the definition of family. Commissioner Hoffman indicated that clearly the residents that live here choose to have a fewer number of cars. Planning Commission August 10,015 Agenda Item 1 7-27-15 Minutes Page 10 of 16 Commissioner Bunch made a comment about public notification of other property owners in the neighborhood. Making a point that this is primarily a neighborhood of rentals, not owner-occupancy. Motion: Commissioner Autry made a motion to forward ADM 15-5135 to the City Council with a recommendation for approval as requested by the applicant. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Brown voted `no'. Planning Commission August 10,M5 Agenda Item 1 7-27-15 Minutes Page 11 of 16 CUP 15-5119: Conditional Use (3332 E. CARMEL LN./HAYS, 411): Submitted by JORGENSEN & ASSOCIATES for property located at 3332 E. CARMEL LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 3.53 acres. The request is for a tandem lot. Jesse Fulcher, Senior Planner, read the staff report. Dave Jorgensen, applicant, discussed the request and access to Gaddy Lane. Public comment: Scott Zotti, neighbor, presented a slide show presentation. The request should be denied, because the tandem lot is inconsistent with other lots, Gaddy Lane is a narrow one-lane driveway, the request violates the subdivision covenants and will be detrimental to other lots in the subdivision. Ben Robinson, neighbor, lives across the street from property and understood that Lot 20 had been combined with Lot 14. This was a material decision in us buying our home. The request should be denied. Carla Gay, neighbor, stated there are only five houses on Gaddy Lane on lots of at least 2 acres each. A '/2 acre lot would be detrimental. Adding another house on a one-lane driveway will make traffic worse. Am opposed to this request. Joyce Arias, neighbor, wants to echo neighbor's comments. A small lot will impact quality of like and property values. The request is for a lot that is half of the original Lot 20. Please deny the application. Kathy Mosely, neighbor, lived here since 1993 and knew the original developers. They wanted large lots in the woods. Gaddy Lane wasn't built to road standards and don't want to see construction vehicles on this driveway. Please deny the request. Cheryl Zotti, neighbor, stated that Gaddy Lane wasn't built to road standards and is buckling already. There are no provisions for this lot owner to make fix the road. The lot size isn't consistent with neighborhood and is a reason to deny the request. The request is really to split Lot 14, since Lot 20 doesn't exist anymore. Greg Hays, applicant, stated that he's owned Lot 14 since 1995. The closest house to the subject lot is 235. The letter from the Zotti's was discussed, since it referred to the development of the subject property. My goal is to downsize and build a home for my retirement on this property. I never would have sold a portion of the property to the Zotti's if I would have known that I was losing my development rights. Commissioner Hoskins asked for the width of Gaddy Lane and if there is a POA. Scott Zotti stated that it's 12' wide. There is no POA. Commissioner Hoskins asked about the use of Gaddy Lane. Scott Zotti stated there used to be a gate across Gaddy Lane, but it was damaged. Planning Commission August 10,015 Agenda Item 1 7-27-15 Minutes Page 12 of 16 No more public comment was presented. Commissioner Hoskins stated he didn't believe the proposed lot would decrease property values and don't' see one more house being a significant impact on the street. Fulcher informed the Commission and neighbors that the lot layout would need to be slightly amended to provide a 70' wide section south to the Zotti property. This would increase the overall size of the property to approximately % of an acre. This must be done so it can be classified as a tandem lot. The current proposal is a tandem lot behind another tandem lot. Andrew Garner, City Planning Director, discusses the issue of compatibility. Commissioner Brown asked if the lots could be subdivided further. Garner stated no. Commissioner Hoffman discusses the original lot configuration. I think that adding a house on the lot will be consistent with the relationship and distance between other houses. Commissioner Autry asked the applicant if this will be there home for retirement. I don't see how this will be an impact. Hays stated that is their intent. Commissioner Bunch stated that she didn't think this would adversely affect Gaddy Lane - will support the request. Motion: Commissioner Autry made a motion to approve CUP 15-5119 as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,1 15 Agenda Item 1 7-27-15 Minutes Page 13 of 16 CUP 15-5112: Conditional Use(2183 N. COLLEGE AVE./BLUE OCEAN LOUNGE, 368): Submitted by NYLISHA BEASLEY for property located at 2183 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is for a dance hall and lounge in an existing 5,000 square foot structure. Quin Thompson, Current Planner, gave the staff report. Nylisha Beasely, Applicant, said the request was for a dance floor in a private club providing new music for patrons. Public comment: Joanne Olszewksi, neighbor, said that her residence is on Elm Street, where she was one of very few neighbors who had received notification of the hearing, because she is within the 500' boundary in which notification is required, but that in the past live music at this and nearby addresses had been a problem for neighbors. She asked if the club owner would be responsible for parking lot noise caused by patrons of the club. Kitt Williams, City Attorney, said that the business owner would not be responsible for patrons outside of the club, but that city ordinances still apply to those patrons. Olszewski asked how many violations of the noise ordinance would cause the Planning Commission to consider the Conditional Use Permit (CUP) approval again? Williams noted that a private club can play music without a CUP; the reason for the request was to allow dancing specifically. Erik Danielson, Neighbor, said that the provided parking permissions were not valid, indicating that the owner of King Burrito did not understand the implications of the agreement. He said that the business owner's wife had signed but that her husband had not. (Note: The applicant has indicated that al/signatures are valid). Danielson said that he shares a parking lot with the proposed business, and that his parking would be the easier to access and closer than spaces on nearby properties. He said that the club intended to have 300 patrons, and said that he had concerns that his parking spaces would fill up first which could affect his business. He said that the retaining wall to the north of the property was dangerous and that he has added improvements to his property to reduce that danger. No more public comment was presented. Fadil Bayard, Property Owner, said that he was present to support his tenant [Nylisha Bailey]. He said he was unaware of any accidents at the property. He assured the Commission as the property owner that the applicant has permission to use the parking associated with King Burrito. He said that he was present to support his tenant and would make improvements as required by the Commission. Tracy Hoskins, Commissioner, said that any parking issue on Mr. Danielson's property could be addressed with signage and towing as necessary. He said that a condition could be added to require that the club be responsible for cleaning the parking lot if patrons leave trash. He added that he had previously owned the property to the north, and that there had been an accident in which a patron of the former Clunk music hall [located in the subject building] had fallen from the top of the wall and sustained very serious injuries. He said he Planning Commission August 10,LA15 Agenda Item 1 7-27-15 Minutes Page 14 of 16 was in support of guardrails as proposed by staff. He added that he would be in favor of evaluating the entire site for safety, especially along the property lines. Tom Brown, Commissioner, asked if it would be possible to extend safety rail along the retaining wall to prevent injuries. He noted that he was concerned about accidents related to the retaining wall. He suggested that a fence be provided in addition to a guard rail. Andrew Garner, Planning Director, said that the way the condition of approval was written, staff would evaluate the area for safety and request improvements as needed. Sarah Bunch, Chair, said she would be comfortable supporting this item with appropriate measures to prevent someone walking or driving over the retaining wall. Bayard said that there are trees and vegetation in the back and emergency exit only. Williams suggested that back doors not be kept open in order to minimize sound impact on the nearby neighborhood to the west. Motion: Commissioner Hoskins made a motion regarding CUP 15-5112 to approve the request with conditions as recommended by staff except modifying condition of approval #3 to add that the entire property shall be evaluated for safety, adding condition of approval #8 that the west doors be used for emergency exit only, and adding condition of approval #9 that the parking lot will be policed at closing every night by the club operator to clean up any trash. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 10,015 Agenda Item 1 7-27-15 Minutes Page 15 of 16 ADM 15-5124: Administrative Item (UDC Chapters 166/COMMERCIAL DESIGN STANDARDS): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 166 for a minor clarification to the commercial design standards. Andrew Garner, City Planning Director, gave the staff report. No public comment was presented. Commissioner Hoffman indicated that he is glad we are working on this. My concern is that basically we include some kind of wording similar to what we required on the bank earlier today. If you are not going to do an entrance then you need to go an extra mile for a facade that addresses the street in pedestrian scale, and frontality. I would like to table this. Commissioner Hoskins indicated agreement with Commissioner Hoffman. The applicant needs to demonstrate that not creating an entry would be a hardship. The replacement element adds another option. I would like to see the commission determining if it is a hardship or not and the mitigation to offset not having the entrance. Commissioner Cook also discussed agreement. If you are developing on a corner applicants feel that it doesn't have to be a hard entrance on both street frontages. Motion: Commissioner Brown made a motion to table ADM 15-5124 for one month. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. 5. Reports: No reports 6. Announcements: 7. Adjournment Time: 8:51 PM 8. Submitted by: City Planning Division Planning Commission August 10,Y915 Agenda Item 1 7-27-15 Minutes Page 16 of 16 CITY OF Taye CV le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Senior Planner THRU: Andrew Garner, City Planning Director MEETING DATE: August 10, 2015 SUBJECT: VAC 15-5127: Vacation (19 N. PALMER AVE./BAKER, 482): Submitted by ALLEN BAKER for property located at 19 N. PALMER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.35 acres. The request is to vacate a "blanket" easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5127 to the City Council with a recommendation for approval. BACKGROUND: Background: The subject property is located at 19 N. Palmer Avenue and is developed with a single-family home that was constructed in the 1950's. Near the time of construction, the City of Fayetteville obtained water and sewer easements throughout this neighborhood area. However, the easements were not obtained based on the location of the sewer/water lines, but were rather dedicated using the parcel description, resulting in a "blanket" easement over the entire property. The City of Fayetteville addressed seven similar"blanket" easements in 2012. However, a few of these situations still exist. Surrounding land use and zoning is depicted on Table 1. Table 7 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single-Family Residential RSFA Residential single- Family, 4 units/acre South Single-Family Residential RSF-4, Residential single- Family, 4 units/acre East Single-Family Residential RSFA. Residential single- Family, 4 units/acre West Single-Family Residential RSFA, Residential single- Family, 4 units/acre Mailing Address: Planning Commission 113 W. Mountain Street www.fayettfWiaenda�W15 Fayetteville, AR 72701 15-5127 Baker Page 1 of 9 Proposal:The applicant is requesting approval to vacate the existing blanket easement shown on the attached maps and replace it with a standard 20-foot easement centered on the existing sewer line. Notification: Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation, pursuant to State law and City ordinance. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments with the following responses: CITY OF FAYETTEVILLE RESPONSE Water/Sewer No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 15-5127 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. A new 20-foot water and sewer easement shall be dedicated to the City of Fayetteville before this approval is valid. PLANNING COMMISSION ACTION O Forwarded O Denied 0 Tabled Date: August 10, 2015 Motion: Second: Vote: Notes: BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Utility Approval • Easement Deed Planning Commission G:\ETCOevelopment Services Review\2015\Development Review\15-5127 VAC(19 Palmer)\03 Planning Commission\08-10- August 10,2015 2015\Comments and Redlines Agenda Item 2 15-5127 Baker Page 2 of 9 • One Mile Map • Close Up Map Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5127 VAC(19 Palmer)\03 Planning Commission\08-10- August 10,2015 2015\Comments and Redlines Agenda Item 2 15-5127 Baker Page 3 of 9 30 June 2015 PETITION TO VACATE THE UTILITY EASEMENT LOCATED LOT 43,EXTENSION#1,HOTZ SUBDIVISION,TO THE CITY OF FAYETTEVILLE,ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1,AT PAGE 234, PLAT RECORDS OF WASHINGTON COUNTY,ARKANSAS TO: The Fayetteville City Planning Commission and the Fayetteville City Council I,the undersigned,being the sole owner of Lot43, Extension#1,Hotz Subdivision,petition to vacate the utility easement on said property. Lot43, Extension#1,is the only remaining lot in Hotz Subdivision with a utility easement. I have been the property owner since 27 February 2012. To put my request in context,the utility easement was lifted on all properties in Hotz Subdivision with the exception of Lot43. I was made aware of the utility easement while processing a request for a permit to build a privacy fence. Since mine is the only lot that did not have the utility easement vacated,request consideration to remove the$200 fee. Thank you for your consideration. Allen Sidney Baker 19 N Palmer Ave Fayetteville,Arkansas 72701 C:703-598-4731 To Whom It May Concern: Planning Commission August 10,2015 Agenda Item 2 15-5127 Baker Page 4 of 9 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: ® l UTILITY COMPANY APPLICANT NAME: APPLICANT PHONE: REQUESTS CATION (applicant must check all that apply): Utility Easement Right-of--way for alley or streets and all utility easements located within the vacated right-of-way. Alley Street right-of-way I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: General location/Address(referring to attached document-must be completed") (ATTACH legal description and graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s)described above. • No objections to the vacations)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) • No objections provided the following conditions are met: Signature of Utility Company Representative Title Planning Commission August 10,2015 Agenda Item 2 15-5127 Baker Page 5 of 9 s ou 4h.J pzI 2•t George C. Faueette Jessie L. Faueette sower �II Lot 43, Extension 19 Hots Sub-division I!.J U J.eale L, Faucette George C. Faueette i - 23rd August _ , a L!•�C a Gln. •:Jf)-1 F ,i 1`vl:, it amt n George C ens Jessie L. Pau¢ette _ L .cel Imai2 &%:d na; as such T:atuy Pabilc Ltia 23rde o-- August FIO FOR RECOfil7 WA51{nVGiply COIIfVfY ApY.Ar,$Ar (��fl'n .. June 28 1956,,,_ A' lJ 1 Planning Commission August 10,2015 -- agenda Item 2 15-5127 Baker Page 6 of 9 TIMS.WILLIAM -&CAR LA TUCKER,WILLIAM F&JANET G HALSELL HOLDINGS LLC JJ 765-06502-000 '6s06a95 CO- LOYD,MARION LYNN UNI>dERSi TY OFARKANSAS 0328761ac - 0.357895,11, ]85-06498-000 765-08497-WO 01898Wac 763A027min IMS.WLUAM E B CAROLA HALSELL HOLDINGS LLC 03292968. Ot89273ee 765u644&000 765-06446-001 UNIVERSITY OF ARKANSAS 0446605ac 00772ac I ]65-08270-000 BAND K P3FPLRDES OF V'.VA I 1 G' I 0166457a 7t5 0644, 535592-m HALSELL HOLDINGS LLC COX,SANDRA L -- - -——i 765-W446-000 765-05445-000 1 0269758a 0340491ac UNIVERSITY OF ARKANSAS' II 765.08277-000 0.263677ac SCHMIDT,WILLIAM P VIRGINIA & H MATTEW I - 765-06452-WO REAGAN,SEAN D&SUZANNE HOBBS M MOONEV,MATTHEW & 0335592ac 76505451-000 BARNEY BERNICE O 0.346959ac 0240752a 765O6453-WO 0447456ac I __ UNIVBRSI O ARKANSAS I82 — _--�---_ I { ➢6565.Qw06276.000 { 0.163068ac r I JOHNSON.BRAD H + CAUDLE,DALE W M 765.06455-060 BAKER, S I 785.06450-000 033559a s I 03464648. w 04d0232ac I + w UNIVERSITY OF ARKANSAS s 76500275.000 y CHASE,JAMES$ - —- -- - --- — a 016127.. 765064594100 0451255ac - MANSKE,DWAIN E 8 UDEY,RITAA; 765 OU58 WO ANDERSON,LAURIE MICHELLE POTTER 033930989.. 76506406 DAKLAWNL4KEHOUSES LLC 0350082882.. 76506456-WO UNIVERSITY KANSAS 3a 034434c 7658274 -0-02395ac0 01623958. 1 ' ARVER VERNON&THELMA 765-07417-000 KERB,JOSEPH D&STEELE. 0347492a HENDRICKSON,KEN NETH B&CAROL fA 7650T429-000 521 765-07430-000 020wB . SENNETT OUTDOOR INVESTMENTS LLC SMITH REVOCABLE TRUST - 039147ac 765-07427-WO 76545227-WO 0409898a 0214675.. LACKWELL,MRGtLL&OMA LEA LE97ER,JAMESW&SHARONA SMITH REVOCABLE TRUST NORTH T&"741641W 76507429-061 765-05226-WO 03M35Bac 02012778. 021301 1 inch-77 feel Dale.8/3/2015 0 37.5 75 150 225 300 Feet Planning Commission August 10,2015 Agenda Item 2 15-5127 Baker Page 7 of 9 VAC15-5127 BAKER Close up view rc w SUBJECT PROPERTY nsF-A AMP-N CENTER ST Legend Shared ved Trail Neighb. Park Trail Natura ?rail VAC 16 ?mf J mer jy.AFayetteville City Limits _ Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 37.5 75 150 225 300 ------ Planning Area Feet Planning Comm! cion August 10,2015 15-5127 Baker Page 8 of 9 VAC15-5127 BAKER One Mile View Co I 77 _—� h# mm Ile all Wil r;1 �' .,�^� ,`w' IINpOLNWOD i - -- — - — - . --�_-- _ - �■, RSF4 dR SUBJECT PROPERTY esF! Ad R-0 t-r y Overview Legend - Hills e-Hilltop Overlay District Subject Property �_ _! Desi n Overlay District 4 Boundary _ _ _; Plan iing Area Faye tteville �.f . _ 0 0.25 0.5 1 Mles Planning Cor mission AiiniistlOA15 Agenda Item 2 15-5127 Baker Page 9 of 9 CITY OF ayevi le PLANNING COMMISSION MEMO Y ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director THRU: Quin Thompson, Current Planner MEETING DATE: August 10, 2015 SUBJECT: ADM 15-5152: Administrative Item (731 S. RAZORBACK RD./MOOLICIOUS ESPRESSO, 560): Submitted by CODY BAILEY for property located at 731 S. RAZORBACK RD. The property is zoned UT, URBAN THOROUGHFARE and contains approximately 0.94 acres. The request is for a one year mobile vendor permit. RECOMMENDATION: Staff recommends approval of ADM 15-5152 with conditions. BACKGROUND: The subject property is located at 731 S. Razorback Road and contains approximately 0.94 acres within the UT zoning district. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Commercial C-2, Thoroughfare Commercial South Undeveloped Brown field/Institutional UT, Urban Thoroughfare West Undeveloped/Multi-family Residential UT, Urban Thoroughfare East Undeveloped R-O, Residential-Office The applicant, Moolicious obtained an outdoor mobile vending permit to operate as a mobile vendor on private property on July 21, 2016. The permit is valid for six months and will expire on January 21, 2016. DISCUSSION: Request: The applicant requests a Mobile Vendor Annual Permit to operate their espresso trailer on the subject property for a year. The applicant has submitted a site plan, menu, and photo of their trailer for review. RECOMMENDATION: Staff recommends approval of ADM 15-5152, finding that the business meets the minimum requirements and intent of Chapter 178.04, which states: The purpose 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. Mailing Address: Planning Commission 113 W. Mountain Street www. e�,,�Q3l..gov Fayetteville, AR 72701 n a em 15-5152 Moolicious Espresso Page 1 of 10 Conditions of Approval: 1. The permit shall be valid for 365 days from the date of approval of the Mobile Vendor Six Month Permit, to allow this business to remain in its current location until July 21, 2016. 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/dine in the interior of the trailer. Planning Commission Action: O Approved 11 Forwarded O Denied Meeting Date: August.10;2015 Motion: Second: Vote: 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) 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 proposed vendor will not result in negative aesthetic impacts to the streetscape in staff' opinion. Access into this site from the existing driveway on Razorback Road will continue as it has for several years. Planning Commission August 10,2015 G:\ETCOevelopment Services Review\20150evelopment Review\15-5152 ADM 731 S. Razorback Agenda Item 3 (Moo-licious Espresso-1 Yr Mobile)\03 Planning Commission\08-24-2015\Comments and Redlines 15-5152 Moolicious Espresso Page 2 of 10