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HomeMy WebLinkAboutOrdinance 5143 ------------------------ REF : 2005-00054544DOC ID : rRecorded ; Filed: 12/06/2005 " OS/ 16/200atT02e : R44 pMDoc. ID# 009410200003 mt : szo . 00 Pace 1 or 2 Washlnaton Countv . AR Bette stamos circuit Clerk F11e2008-00016417 ORDINANCE NO, 5143 AN ORDINANCE AMENDING A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 05- 1670, PRATT PLACE INN, LOCATED AT 2115 W. MARKHAM ROAD, CONTAINING APPROXIMATELY 72.00 ACRES, TO ALLOW A MONUMENT SIGN IN PLANNING AREA 2 IN- LIEU OF A SIGN IN PLANNING AREA 3, AS DESCRIBED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That a monument sign, as defined by the City of Fayetteville Unified Development Code, is hereby approved in Planning Area 2 in-lieu of a sign in Planning Area 3 , and reflected in the Planned Zoning District zoning criteria for C-PZD 05- 1670, Pratt Place Inn. Section 2. That the approvals and conditions for C-PZD 05- 1670 (Pratt Place Inn) as passed and approved by the City Council on November 1 , 2005 with Ordinance No. 4786 shall be modified with the revisions to the Master Development Plan and project booklet as described and depicted herein (Exhibit "A"). Section 3 . That this ordinance shall take effect and be in full force at such time as all of the requirements of the Planned Zoning District have been met. RiVTR ,,,' PASSED AND APPROVED this 6th day of May, 2008. c'GvF ' � eFAYETTEVILLE : APPROVE ATTEST: et- A 14-,,ti,, VcroN °'� By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ,EXHIBIT " A " lor ALIIx d' 12 Has t Cl dt r // � • . _ f � Vim j(L` Nf �rS' e...... EN "I 4 I &a •• r aka "I it F '` m. � r . l Fj CC7g tn agsi 1 ate ._ _ LZ] tn CD CD 7 Ct] OV All ( ' § PRATT PLACE INN MIXED USE DEVELOPMENT . ,TNR „6 Aaeoctero FAYETTENLLE, ARKANSAS WIK47l�;==„lii , AR g t �•r � - A rc011s c1 e, knylooere 6 9urvoyore _ .. .. - . :_. . •• 00000 H M0000 O •1S O ORDINANCE NO. 4786 � 8 011 AN ORDINANCE ESTABLISHING A COMMERCIAL O PLANNED ZONING DISTRICT TITLED C-PZD 05- 1670, C . zoo O��8 ac PRATT PLACE INN, LOCATED AT THE WEST END OF O� .-g8 lm MARKHAM ROAD, CONTAINING APPROXIMATELY (n ; .0< I 72 ACRES, MORE OR LESS; AMENDING THE OFFICIAL "m» ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ar ADOPTING THE ASSOCIATED MASTER _ 1� DEVELOPMENTPLAN - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: _. From RSF4, Residential Single Family, 4 units per acre and R A, Residential Agricultural, to C-PZD 05- 1670 as shown in Exhibit "A" attached hereto and made a part hereof' Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, statement ofcommitments and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 1" day of November, 2005. j�;G�SY o� '•, .p APPROVED: :Ua E .• FAYEITEHILLE ' AAf g RKANSLBy: C D a or .. NG70N Y 1//lIIIIIINIp`\ ^�t BY: ' SONIAUA SMITH, City Clerk x EXHIBIT "A" C-PZD OS-1670 TRACT 1 : PART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER (SW 1/4 OF THENW 1/4), THENCE SOUTH 880 58' 47" WEST ALONG THE SOUTH LINE OF SAID SW 114 OF THE NW 1/4 SOUTH 330.00 FEET TO THE POINT OF BEGINNING AND RUN THENCE ALONG SAID SOUTH LINE SOUTH 880 58' 47" WEST 986.40 FEET TO THE SOUTHWEST CORNER OF SAID SW 1/4 OF THE NW I/4; THENCE NORTH 00° 03' 33" EAST ALONG THE WEST LINE OF SAID SW 1/4 OF THE NW 1/4 1321 .91 FEET TO THE NORTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4 ; THENCE NORTH 000 03' 33" EAST ALONG THE WEST LINE OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 17, 660.00 FEET, THENCE NORTH 880 58' 47" EAST 660.00 FEET; THENCE SOUTH 00° 03' 33" WEST 132.00 FEET; THENCE NORTH 88° 58' 47" EAST 660.00 FEET TO THE EAST LINE OF SAID NW 1/4 OF THE NW 1/4:THENCE NORTH 00' 037 33" EAST ALONG SAID EAST LINE 112.00 FEET; THENCE NORTH 88° 58' 47" EAST 480.00 FEET; THENCE SOUTH 00° 03' 33" WEST 640.00 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NW 1/4(NE 1/4 OF THE NW 1/4) OF SAID SECTION 17; THENCE SOUTH 88° 58' 47" WEST ALONG SAID SOUTH LINE 480.00 FEET TO THE SOUTHWEST CORNIER OF SAID NE 114 OF THE NW 114 ; THENCE . SOUTH 000 03133" WEST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE N W I/4 (SE 1/4 OF THE NW 1/4) OF SAID SECTION 17, 20.00 FEET; THENCE NORTH 880 58' 47" EAST 400.00 FEET; THENCE SOUTH 6° 22'. 44" WEST 222.40 FEET; THENCE SOUTH 40° 35' 44" WEST 113.90 FEET; THENCE SOUTH 58° 40' 00" WEST 213.70 FEET; THENCE SOUTH 22° 33' 00" WEST 247.04 FEET; THENCE SOUTH 880 58' 47" WEST 27.75 FEET TO THE WEST LINE OF SAID SE 1/4 OF THE NW 1/4; THENCE SOUTH 00° 03'33" WEST ALONG SAID WEST LINE 16.96 FEET; THENCE SOUTH 880 5814717 WEST 266.80 FEET; THENCE NORTH 000 03' 33'7 EAST 115.00 FEET; THENCE SOUTH 88° 58' 47" WEST 270.00; THENCE SOUTH 00° 03' 33" WEST 270.00 FEET; THENCE NORTH 880 58' 47" EAST 95.00 FEET; THENCE SOUTH 000 03' 33" WEST 100.00 FEET; THENCE NORTH 88° 58' 47" EAST 100.00 FEET; THENCENORTH 00° 03133" EAST 100.00 FEET; THENCE NORTH 88' 58' 4T' EAST 75.00 FEET; THENCE NORTH 00° 03' 33" EAST 105.00 FEET; THENCENORTH H 88058.' 47" EAST 266.80 FEET TO THE EAST LINE OF SAID SW I/4 OF THE NW 114 ; THENCE SOUTH 000 03133" WEST ALONG SAID EAST LINE 265.00 FEET; THENCE SOUTH 88° 58' 47" WEST 330.00 FEET; THENCE SOUTH 000 03' 33" WEST 329.00 FEET TO THE POINT OF BEGINNING, CONTAINING 63.86 ACRES, MORE OR LESS. TRACT 2: PART OF THE SOUTHEAST QUARTEROF THENORTHWEST QUARTER (SEI/4 OF THE NW 1/4 ) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SE '/4 OF THE NW 1/4; THENCE NORTH 000 03' 33" EAST ALONG THE WEST LINE OF SAID SE 1 /4 OF THE NW 1 ./4 660.00 FEET; THENCE NORTH 88° 58'47" EAST 317.00 FEET TO THE WEST LINE OF PRATT WOODS SUBDIVISION AS SHOWN IN PLAT RECORD 12-48 OF THE RECORDS OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY; THENCE ALONG SAID WEST LINE OF PRATT WOODS SUBDIVISION NORTH 000 13' 25" EAST 305.20 FEET TO THE POINT OF BEGINNING AND RUN THENCE NORTH 00° 13' 25" EAST 34. 10 FEET TO A ROAD, THENCE WITH THE EAST LINE OF SAID ROAD NORTH 38° 34' 00" EAST 113.9 FEET; THENCE NORTH 4° 21 ' 00" EAST 222.40 FEET TO A FENCE ALONG THE SOUTH SIDE OF MARKHAM ROAD; THENCE NORTH 88° 58' 47" EAST 913.00 FEET TO THE EAST LINE OF SAID SE 1/4 OF THE NW 1/4; THENCE ALONG SAID EAST LINE SOUTH 000 47' 5 1" WEST 256.21 FEET TO THE NORTH LINE OF PRATT WOODS SUBDIVISION, THENCE ALONG SAID NORTH LINE THE FOLLOWING SD{TEEN COURSES: THENCE NORTH 41° 17' 57" WEST 76.78 FEET; THENCE NORTH 590 38' 40" WEST 64.85 FEET; THENCE NORTH 80° 31 ' 33" WEST 77. 14 FEET; THENCE NORTH 51 ° 01 ' 58" WEST 34.56 FEET; THENCE SOUTH 84° 18' 57" WEST 48.85 FEET; THENCE SOUTH 620 23' 40 WEST 82.89 FEET; THENCE SOUTH 280 24' 54" WEST 56.24 FEET; THENCE NORTH 84° 38' 35" WEST 64.07 FEET; THENCE SOUTH 850 26122" WEST 110. 16 FEET; THENCENORTH 720 48' 32" WEST 57.76 FEET; THENCE SOUTH 680 24' 25" WEST 110.51 FEET; THENCE SOUTH 82° 35' 13" WEST 72.06 FEET; THENCE SOUTH 72° 12' 2611 WEST 67.51 FEET; THENCE SOUTH 270 34' 06" WEST 54.77 FEET; THENCE SOUTH 85° 05' 37" WEST 70.39 FEET; THENCE SOUTH 70° 56' 40" WEST 80.54 FEET. TO THE POINT OF BEGINNING, CONTAINING 4.57 ACRES, MORE OR LESS. TRACT 3 PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE 1/4 OF THE NW 1/4 ) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NE 1/4 OF THE NW 1/4 , THENCE NORTH 320.00 FEET; THENCE WEST 499.65 FEET TO THE EAST RIGHT OF WAY LINE OF CROSS AVENUE; THENCE SOUTH ALONG SAID EAST RIGHT OF WAY LINE 320.00 FEET; THENCE EAST 499.65 FEET TO THE POINT OF BEGINNING, CONTAINING 3.67 ACRES, MORE OR LESS. r � f; 1 f . Washington County AR I certify this Instrument was filed on 12/0612005 02:08:34 PM and recorded in Rent Estate Ftie Number 2005400545'4 lerk Bette tamps - circuit + (5-OA8) Clarice eearmiri- Ords. 5133, 5134, 5138 & 5143 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 5.9.08 5:35 PM Subject: Ords. 5133, 5134, 5138 & 5143 Attachments: 5133 RZN 08-2937 Mountain Ranch.pdf; 5134 C-PZD 08-2894 Park Centre.pdf; 51 38 VAC 08-2951 Shoppes.pdf; 5143 ADM 08-2938 Pratt Place Inn Appeal.pdf CC: Audit; GIS Jeremy: Attached is a copy of the above ordinance passed by City Council, May 6, 2008. Please let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice 5q3 l�A o Y 7 gel PZD ��'� � � ✓ yam u 1 awv JUJIIA RECEIVED MAR 2 0 2008 CITY CLROE EK', FICE City Council Meeting of May 06, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning' Date: March 24, 2008 Subject: Administrative item modifying the Master Development Plan of the Pratt Place Inn Commercial Planned Zoning District (ADM 08-2938) RECOMMENDATION The Planning Commission voted to deny two requested modifications to C-PZD 05- 1670 Pratt Place Inn. The motion to deny passed with a vote of 6-0-0. Staff recommended approval of one of the requested modifications, to move one of the approved signs from one Planning. Area to another. The applicant has appealed the Planning Commission decision to the City Council, requesting that this particular modification of the two modifications be approved. . BACKGROUND The Fayetteville City Council approved C-PZD 05- 1670 (Pratt Place Inn) on. November. 1 , 2005 :fot zoning and land use approval of a commercial development with an inn, restaurantcabins and accessory structures. In addition to specific development rights, three (3) monument style. signs 'were permitted to advertise for the development; two not to exceed 6 sq. ft. And, the other not to exceed 15 sq. ft. The signs were restricted to three specific locations: the southwest corner of Sang and Markham (PA-1 ), the northeast comer of Cross and Markham (PA-3) and the west end of Markham (PA-1 ), respectively. The applicants requested a modification to the approved zoning criteria to allow certain types of freestanding signs as noted in the staff report and to permit a sign in Planning Area 2 in place of a sign in Planning Area 3 . However, since the modifications in full were denied by the Planning Commission, the applicants have amended the request in their request for approval. The applicants request a modification to the approved zoning criteria to permit a sign in Planning Area 2 in place of a sign in Planning Area 3 . All signs shall be monument style as approved with C-PZD 05- 1670 and located in conformance with Chapter 174 of the Unified Development Code. DISCUSSION On March 10, 2008, the Planning Commission voted 6-0-0 on a motion to deny the request. The motion to deny passed and the applicant has appealed a portion of the original request to the City Council. BUDGETIMPACT None. a ORDINANCE NO. AN ORDINANCE AMENDING A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 05- 1670, PRATT PLACE INN, LOCATED AT 2115 W. MARKHAM ROAD, CONTAINING APPROXIMATELY 72.00 ACRES, TO ALLOW A MONUMENT SIGN IN PLANNING AREA 2 IN- LIEU OF A SIGN IN PLANNING AREA 3, AS DESCRIBED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That a monument sign, as defined by the City of Fayetteville Unified Development Code, is hereby approved in Planning Area 2 in-lieu of a .sign in Planning Area 3 , and reflected in the Planned Zoning District zoning criteria for C-PZD 05- 1670, Pratt Place Inn. Section 2. That the approvals and conditions for C-PZD 05- 1670 (Pratt Place Inn) as passed and approved by the City Council on November 1 , 2005 with Ordinance No. 4786 shall be modified with the revisions to the Master Development Plan and project booklet as described and depicted herein (Exhibit "A"). Section 3 . That this ordinance shall take effect and be in full force-at such time as all of the.requirements of the Planned Zoning District have been met. _ PASSED AND APPROVED this day of 12008. APPROVED: ATTEST: By: By: _ .. . DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer -rte VA IRS �`4�•1~';cv �, �- '��a a -'�• . t rt '^"`^ � - 9 ffit[� %� p AMP ear t•1� n ��,�5'j5� 1bi mill 'o H ® v �e� - ' RECEIVED MAR 2 0 2008 CITY ITY CLERKS FFICE E . PC Meeting of March 10, 2008 THE CITY OF FAYETTEVILLE. ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: March `�- 8 Updated March 11, 2008 ADM 08-2938: Administrative Item (PRATT PLACE INN C-PZD 05-1670,481): Submitted by JULIAN AND JANE ARCHER for property located at 2115 W. Markham Road. The property is zoned C-PZD and contains approximately 72.00 acres. The request is to amend the zoning criteria to allow certain freestanding signs, which are not the required monument signs. Planner: JESSE FULCHER BACKGROUND The subject request was tabled at the request of the applicants at the previous Planning Commission bearing on February 25, 2008. Property Description and Background: The subject property consists of approximately 72.00 acres located at 2115 W. Markham Road. The Fayetteville City Council approved C-PZD 05-1670 (Pratt • Place Inn) on November 1, 2005 for zoning and land use approval of a commercial development with an inn, restaurant, cabins and accessory structures. The development .consists of three (3) Planning Areas, with all commercial development restricted to Planning Area 1. Planning Area 2 and 3 are restricted to agricultural uses. In additional to specific development rights, three (3) monument' style signs were permitted to advertise for the development; two not to exceed 6 sq. ft. and the other not to exceed 15 sq. ft. The signs are restricted- to three specific locations: the southwest corner of Sang and- Markham; .thei northeast corner of Cross and Markham and the west end of Markham, respectively. Not realizing the specific sign guidelines, or the requirement to obtain a sign permit prior to installation, the owners have already installed the two 6 sq. ft. signs as depicted in the attached photographs. Although the signs are in compliance with the size restrictions, the signs are not a monument style sign. Rather, they are each attached between two trees with a chain, suspended in the air. Additionally, one of the signs is located within Planning Area 2, which was not permitted with the PZD. Proposal: The applicants request a modification to the approved zoning criteria to allow certain types of freestanding signs as noted herein and to permit a sign in Planning Area 2 in place of a K:1Reports120081PC Repons105-March /0WOM 08-2938 (Pratt Place Inn PZD Modificalion).doc sign in Planning Area 3. 'Monument Sign: A freestanding sign with a maximum height of 6' above the surrounding finish grade and whose entire base is in contact with and supported by.the ground. Table 1. 'Planning Area Permitted Signage Maximum Height 1 2' x 3' monument sign 3' x 5monument sign 6' 6' 2 None permitted N/A 3 2' x 3' monument sign 6' Table 2 Planning Area Requested Signage Maximum Height 1 2' x 3' freestanding sign 20' 2 2' x 3' freestanding sign 20' 3 No sign N/A Variances: Chapter 156 of the Unified Development Code grants the Zoning and Development Administrator certain variance authority regarding Chapter 174 Signs. These include variances of setbacks, sign area, height, or other technical requirements. However, the Unified Development Code does not grant the Zoning and Development Administrator, nor any other board or committee, the authority to grant approval of signs which are prohibited by Chapter 174, or in this case, an approved Planned Zoning District and its associated sign allowances. RECOMMENDATION The Pratt Place Inn development was approved to allow small ground mounted signage, which would direct the general public and out-of-town patrons to the Pratt Place Inn property, while also minimizing any adverse impacts to the exclusively residential character of the surrounding neighborhood. Staff finds the signs which have been installed approximately 20' above surrounding grade to be more invasive and objectionable than the small-scale, unobtrusive ground mounted signs which were permitted by the City Council for this development. Freesianding?sig is ofthis naturenre: not permitted within any residential district in the City, and are compatible with the surrounding environment. Therefore, staff recommends denial of the applicant's request to utilize freestanding signs that are currently suspended in the area, and they shall immediately be removed. Staff finds that relocating the permitted sign from Planning Area 3 to Planning Area 2 to be in keeping with the intent of the approval, so long as the sign is installed as a monument sign. Should the City Council approve either or both of the applicant's request, staff recommends the following conditions of approval: 1. Freestanding signs shall be installed in accordance with the required setbacks for K:IReports120081PC Reportsi04-February 25UDM 08-2938 (Pratt Place Inn PZD Modificalion).doc freestanding signs, which are based on the height and size of said signs. This will result in the existing signs being relocated further back from the Master Street Plan right-of-way than currently installed, as they currently do not meet ordinance requirements. There is no variance from this requirement to allow the existing signs in their current location. 2. A sign permit application shall be submitted for staff review and approval within 30 days of the City Council's decision., Any sign not permitted shall be immediately removed. Planning Commission Action: 0 Forwarded ❑ Tabled 'I Denied Motion: Lack Second: Ostner Vote: 6-0-0 (Both of the requested modifications were denied by the motion) Meeting Date: March 10, 2008 K:IReporM10081PC Reports105-Mardi 101ADM 08-2938 (Pratt Place Inn PZD Modificalion).doc 02/07/2008 12:31 1515271) 470 DRAKE UNIVERSITY HPL PAGE 02 ebruary 8,2008 To: Jesse Fulcher, Current Planner Planning Division Members of the Planning Commission Members of the City Council We would like to request that the signage conditions inclttd'ad in the PZD proposal which you approved for our Pratt Place Inn project be mo lified to accommodate the signs that we put in place last month, not realizingthat there ware specific signage guidelines. These are two 2' by 3' signs (29 '/a" by 41 " including tie dimensions of the frame), each suspended between two trees. Each sign is attached:tc' a chain which is attached to a bolt which runs through a nearby tree- The bolt hole : s slightly larger than the bolt so that the tree quickly grows around it and the bolt doesn:>t harm the tree. You can see for yourself either through the attached photos or by drivk;; by that these are unobtrusive signs that blend in well with the surrounding natural'e. tviromnent. We know these signs are unconventional, but since the purpose of PZD zorthig is to handle unconventional requests we .hope you will permit our having sighs of this type. Attached is a letter of January 15 addressed to Jerer ry Pate and Andrew Garner giving more background on why we want signs placed intli.ese particular settings. Sincerely, 'Jane Archer. /- ��6e4.yiA� /julian Arch&r Jeremy Pate Andrew Garner Planning Division City of Fayetteville Fayetteville, AR 72701 Dear Jeremy, Dear Andrew; RECEIVED JAN 1 5 2008 PLANNING DIV. January 15, 2008 For the past year and a half we have been forced to run a punishing gauntlet created by a few of our neighbors in an attempt to sabotage our Pratt Place Inn project, for what reason is beyond imagining. Their efforts toward that end have not only made our lives miserable at times, but have added tens of thousands of dollars to the cost of the project unnecessarily. We thought we had finally made it through, and, in fact, several of these neighbors have apologized for making our lives a living hell and have praised the beauty of the project. There is one, however, who isn't through with us yet and never will be. A few days ago we rented a boom lift and hung two unobtrusive signs between four well -placed trees, one on Markham where Cross Street tees into it, and the other at the intersection of Markham and Sang. The signs are tasteful and blend into the natural colors that surround them. They are covered with tempered glass and are hung high up in the trees to diminish the chances of their being damaged by vandals. (Another sign we erected on a comer of Markham and Sang twenty years ago, which names the historic properties at Pratt Place, was vandalized a number of times while we were trying to usher the Pratt Place Inn and Barn project through the City Council and Planning Commission.) In no time, the one persistent neighbor, in her unflagging attempt to thwart our every move, filed a complaint about the signs. It was then that we learned that, according to city ordinance, we need to have a sign permit and to have the signs meet certain specifications, among them minimum setbacks. When we made our PZD application in 2006 and asked permission to put up signs we were unaware of the restrictions laid out in Chapter 174 of the Unified Development Code. We thought we simply were getting permission to put up signs on our property and were reassuring the neighbors by letting them know we were restricting ourselves to small signs. Now that we are having to focus solely on the question of signs, the note with an asterisk on our approval form mentions the provisions of Chapter 174. We just did not incorporate into our vision of the approach to the inn what it meant to be restricted to a "monument sign," when all of the text above that spoke of a "freestanding sign." The code requirements clearly do not envision a situation such as a wooded area or the section of Markham in question. A standard sign would not be appropriate and a standard placement at ground level or on a signpost would invite vandals. Both of our signs are the same size, 2' by 3' or 29'/:" by 41" if you include the wooden frame, and are set back from the back of the curb from seventeen to twenty-six feet and are not disturbing or invasive in any way. If we had to observe to prescribed setback (I believe 10' from the street right-of-way) we would have to create a larger sign in order for it to be seen. Though Chapter 174 has no section on PZD signs, the current allowance of 32 sq. ft, (a 4' by 8' sign) for a monument sign is logical if it is to be seen using this setback. Conversely, if we are restricting ourselves to a small sign (2' by 3" or 6 sq. ft.) which is less than 20% of allowed size, then there should be some accommodation in the setback requirement. The same is true of the 3' by 5' sign permitted by our PZD as it is less than 50% of the possible sign size, though we have no plans right now to put up a sign that size. We request that you review this sign situation and grant permission for our signs to be paced where they are now and supported as we have them; that is, suspended between two trees. We hope that you will come see the signs for yourselves and we feel confident that you will not find fault with them. If we are forced to take them down and put them on posts or on the ground, however, we will have no choice but to remove them altogether. There would be no point in placing them where they will be battered, destroyed, or stolen by vandals. Even the street signs in the area take a beating. It will be to Fayetteville's advantage for Pratt Place Inn to succeed as one of the most beautiful and celebrated inns in the U.S., and the removal of these handsome, subdued, and small signs for no sensible reason would only throw up an impediment to guests being able to find their way to the place. J-MOt Ja�12 St._ 46[1 t-er 1 cA-4- Place- mnr (G)Signage.,Signage on the property shall heal lowed as follows: 9 Planning Area Freestanding Si na a Wall Si I 2'x3' freestanding sign at Sang and Markham na e As permitted in Commercial zones for the Inn; 3'x5' freestanding sign at the end of Markham no other si na a ermitted 2 None permitted As permitted in Residential zones 3 2'x3' freestanding sign at Cross and Markham As permitted in Residential ' No pylon/pole signs shall be cnnitted zones p , only monument signs. Signage location shall be permitted in accordance with setbacks and other criteria in Ch. 174 Signs, unless noted herein. Water & Sewer: Water is currently available, and will be extended on -site with adequate fire protection (hydrants) and water line size to be provided as required by code. It will be necessary for the development to connect to city sewer and cease use of the existing septic systems. Sewer line connections, extensions, etc. will be evaluated and required to meet city codes to serve the properties at the time of development. Access: Access is provided from Markham and Sang Streets. These are residential streets with open ditches which provide access to the University Heights neighborhood west of the University of Arkansas campus. Markham is currently narrow and is failing in portions west of Cross Avenue. At the time of development, streets that the development will access will need to be reconstructed to provide a safe and adequate means of access, as determined by the Planning Commission. At minimum, a 20 -foot wide pavement width will be required, with improvements to the failing pavement north of Cross Avenue. Access for ladder trucks to this property for the Fire Department is a stated concern, without improvements as mentioned above. Interior to the project, private drives are proposed. Access to future cabins will need to meet with Fire Department approval in order to provide adequate fire protection and emergency access in time of need. The slope, width and construction of interior drives to access future structures shall be evaluated at the time of development to ensure proper access is achieved. Adjacent Master Street Plan Streets: Markham Road, Sang Avenue (Residential Streets) Street Improvements: Staff recommends the following: • Markham Road accessing the subject property from Cross Avenue into the property will need to be improved to a minimum 20 -foot standard, if not greater. Existing pavement will need to be evaluated and improved, if necessary. The Planning Commission shall determine the amount of improvement necessary in order to approve the proposed development with adequate and safe access. • Drainage improvements associated with the widening will also need to be evaluated and required, as necessary, based on the City Engineer's recommendation and the Planning Commission's determination at the time of Large Scale Development. Tree Preservation: Much of the site contains existing tree canopy, though there are areas of dense canopy and areas of open pasture land. The majority of the property is intended to be utilized in its existing state, without a great deal of disturbance. Typical agricultural activities, C:IDocumentt and SettingsypatedDesktopl Temp SaverIC-PZD 05-1670 (Pratt Place lnn)doc \ \ J;I 7 • $ ! - Ar1f0 1' 1 6F ; C \ i \ \ • 1 / i e 2 o L r I 1 �� 11 J 1 a - -• - � —� __ ;i`'4\ems JL, t .y a tk lb V. • I• ttJ y ' / . , �/ � '., •i- �! f a-1 % L.;._:_.: -:+-tip fiE a e� I_ -r Y q N ty P' Ill i \\,r SI— Ii yam\ T PRATT PLACE INN ' ' ' MIXED USE DEVELOPMENT CreRun. Tun a Aaeodates, lnc. o-,^'• p FAYETTEVILLE. ARKANSAS mm.u7"r.c mr '.X � i (�� ` S$• /e/ II { Sg R G � i bl, • Arctiltects. Engineers & Surveyors '` d a NO ix v '• « !<; 's (1' q. ' LITTERING I �; Af Il' F.I.i4.\' Pl '1 f 1 i\}1 \ > t\ '� y I e 1 1 '1 1 \ 1 •1 �til . �}' Sal :a , •ce. ♦ . Y -X" f Y/ I { ! . f S 'Y ITY -1 • i,e t� 1' M .,i• r i•r) 1 Ir •i' N �' "/ nJ . a. S ' j •'II 1.1 • •P I'- •-'-2 I 1 : � \11„1! •t_ • ,;� _ a I. + i1 I, I I 1 1 l'I � } [ � •I.--• 1 I1 l`l 9i l I, ice^ s .f �I r "_ 1 'l 1•�?1 �` T .'� 1•S ro IT PLv'ik rr 3 , . 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L'♦ems a J M '•["r>�t[ ..3t ..I .'ac• rh• ♦ mil,' i)J S .tn{i`.Y ^ \1��: fN \ Y /'A 2:.•( YvY- ay.i�l fi \ln4N,,���//•yy f.'Yl . r I �•l, ♦ K=J vY. aw �i('(•F: '. w^ • w.. fl M'!n s^ /✓ vFJ� ` 4 u l! Lddf SYta4.a'Pi VrhMA\ i r 1-. [.� r N: M}•�Yf '.`.,r .Vi•%e >.. ..:....'•YS 'F5y : 1i'li4}l '"iln-.+Ya-i /'Y^.%1s.'.Y:J�5t i'tl n u: 2 ^t 'A .y'Yh \r ✓ r"J �JS: - �oT.� ~ t ZS.Y.t r�;`avt jww `, v ! e n r_ ni n. _ w.Qr.. ♦w[SfrvA'T` av ._T C D e- civ o i'9 AithJt7 1 p*' 7/f — 7(95__ RECEIVED MAY 052008 CITY OF FAYETTEVILLE CITY CLERKS OFFICE I .ter apatt RECEIVED MAY 0 5 2008 CITY OF FAYETTEVILLE CITY CLERKS OFFICE NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR• 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville —Ordinance 5143 May 22, 2008 Publication Charge : $63.30 Subscribed and sworn to before me This2gday of 7'Y1 , 2008. Notary Public L: My Commission Expires: 77'7a..y- 'G 20/Z Do not pay from Affidavit, an invoice will be sent RECEIVED MAY 302008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5143 AN16 ORDINANCE INN. NG A COMMERCIAL 2115IAL ��� �� PLANNED ZONING DISTRICT ENTITLEDC-PZD 05- MAR; AMPRATTPLACEA. INT, LOCATED O IMAT W. E MARKHAM ROAD, CONTAINING APPROXIMATELY 72.00 ACRES, TO ALLOW A MONUMENT SIGN IN• ' PLANNING. AREA 2 IN- LIEU OF A SIGN IN PLAN-. I ARKANSAS NING AREA 3, AS DESCRIBED HEREIN. f BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVkLLE. ARKANSAS: ). ') x Section 1. That a monument sign, as defined by the City of Fayetteville Unified Development Code, is hereby approved in Planning Area 2 in -lieu of a sign In Planning Area 3. and reflected In the Planned Zoning District zoning Criteria for C-PZD 05.1670, Pratt Place Inn. Section 2. That the approvals and conditions for C-PZD 05-1670 (Pratt Place Inn) as passed and approved by the City Council on November 1, 2005 with Ordinance No. 4786 shall be modified with the revisions to the Master Development Plan and project booklet as described and depicted here- in (Exhibit A). Section 3. Thai Nis ordinance shall take effect and be In lull force at such time as all of the require- ments of the Planned Zoning District have been met. r PASSED AND APPROVED this 6th day of May, 2008. APPROVED:." ATTEST: By: . By DAN COODY, Meyer ---^ SONORA E. SMITHS CRY Clerk/I .asunr �t,. .. Exhibit A Is a map and may be viewed at the office of the City ClerlvTreasurer during normal busi- nesshours. �.S ,