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Home My WebLink About2002-11-12 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the.Fayetteville Planning Commission will be held Tuesday, November 12, 2002 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219,Fayetteville,Arkansas. Roll Call The following items will be considered: Consent Agenda: Approval of minutes from the October 28, 2002 meeting 1. VAC 02-14.00 (1030): Vacation (Sanders, pp 214) was submitted by Lewis Sanders on behalf of Karan Sanders for property located at 1385 Wimbledon Place. The property is zoned R-1, Low Density Residential and contains approximately 0.29 acres. The request is to vacate a 15' utility easement. 2. LSP 02-44.00: Lot Split(Walgreens, pp 135)was submitted by James Koch of CEI Engineering on behalf of Whiteco Interra Ventures, LLC for property located at 3939 N. Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.97 acres. The request is to split into two tracts of 1.74 acres and 1.23 acres. New Business: 3. LSD 02-24.00: Large Scale Development(Walgreens, pp 135)was submitted by James Koch of CEI Engineering on behalf of Whiteco Interra Ventures, LLC for property located at 3939 N. Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.97 acres with a 14,560 sq.ft. retail building proposed 4. CUP 02-29.00 (1034): Conditional Use (Hudspeth, pp 526) was submitted by Charles & Staci Hudspeth for property located at 608 Ray Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.51 acres. The request is for a Home Child Care Facility(Use Unit §163.11) in R-1, district. 5. CUP 02-24.00: Conditional Use (Country Club,pp 680)was submitted by Mandy Bunch on behalf of Fayetteville Country Club for property located at 3335 Country Club Drive. The property is zoned R-1, Low Density Residential and contains approximately 112 acres. The request is for a recreational use in R-1 district. H.WERSICOMMONWLANNLNG12002 AGENUAIP0//-/2-02DOC 6. RZN 02-18.00: Rezoning(Mill District Neighborhood,pp 522/523)was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located south of Center Street,between University Avenue and Gregg Avenue to include 28 University Ave.,42 University Ave., 50 University Ave.,and 102 University Ave. and 227 and 303 Gregg Ave.Approximately.19 acres is zoned C-1,Neighborhood Commercial and approximately 3 acres is zoned I-1,Heavy Commercial and Light Industrial,totaling 3.19 acres. The request is to rezone to R-O,Residential Office. RZN 02-19.00: Rezoning(Mill District Neighborhood,pp 522/523)was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located between Center Street and Prairie Street,between Gregg Avenue and West Avenue to include 304 Gregg and part of 308 Gregg and 301 and 303 West Ave. The property is zoned I-1,Heavy Commercial and Light Industrial and contains approximately 5.61 acres. The request is to rezone to R-O, Residential Office. RZN 02-20.00: Rezoning(Mill District Neighborhood,pp 522/523)was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 545 Center Street. The property is zoned I-1,Heavy Commercial and Light Industrial and contains approximately.49 acres. The request is to rezone to C-3, Central Commercial. RZN 02-29.00: Rezoning(Mill District Neighborhood,PP 522/523)was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 32 and 38 University Ave.The property is zoned 1-1, Heavy Commercial and Light Industrial and contains approximately.37 acres. The request is to rezone to R-1, Low Density Residential. RZN 02-30.00: Rezoning(Mill District Neighborhood,PP 522/523)was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 37 Gregg Ave. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately.67 acres. The request is to rezone to R-2,Medium Density Residential. RZN 02-31: Rezoning(Mill District Neighborhood,PP 522/523)was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 316 and 320 Gregg Ave and 510 and 512 Prairie St. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately 1.08 acres. The request is to rezone to R-O Residential Office. RZN 02-32: Rezoning(Mill District Neighborhood,PP 522/523)was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 208 Gregg. The property is zoned R-1 Low Density Residential and contains approximately.25 acres. The request is to rezone to R-O Residential Office. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning(575-8264),City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. H.IOSEJ61C0MM0MPLANNING12002 AGENDA IPCI/l-11-02.DOC ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request-Applicant C. Public Comment D. Response by Applicant/Questions &Answer with Commission E. Action of Planning Commission (Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member 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. Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the Planning Commission. 2002 Planning Commissioners: Lorel Aviles - Chairman Bob Estes - Vice Chairman Lee Ward - Secretary Nancy Allen Don Bunch Sharon Hoover Alice Church Loren Shackelford Alan Ostner VAC 02-14.00 Page I PC Meeting of November 12,2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Sanders Easement Vacation 113 W. Mountain St. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin,City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: November 7,2002 Project: VAC 02-14.00: (Sanders, pp 214) was submitted by Kazan Sanders for property located at lot 27 of Summerhill Subdivision. The request is to vacate a utility easement. See the attached maps and legal descriptions for the exact locations of the requested easement vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric—No Objections Southwestern Electric Power Company-NA Arkansas Western Gas—No Objections SW Bell—No Objections Cox Communications -No Objections City of Fayetteville: Water/Sewer—No Objections Street Department-No Objections Solid Waste -No Objections Engineering—No objections. Recommendation: Approval of the proposed easement vacation 02-14.00. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: Planning Commission November 12, 2002 VACO2-14 Sanders Page 1.1 YAC 02-14.00 Page 2 CITY COUNCIL ACTION: yes Required Approved Denied Date: Planning Commission November 12, 2002 VACO2-14 Sanders Page 1.2 PETITION TO VACATE AN EASEMENT LOCATED IN LOT 27 OF SUMMERHILL SUBDIVISION,CITY OF FAYETTEVILLE,ARKANSAS To: The Fayetteville City Planning Commission and. The Fayetteville City Council I,the undersigned,being the sole owner of the real estate containing the easement hereinafter sought to be abandoned and vacated, lying in Lot 27 of Summerhill Subdivision, City of Fayetteville, Arkansas, a municipal corporation,petition to vacate an easement which is described as per the attached drawing(prepared by Lewis F. Sanders, P.E., and dated October 4, 2002). That the abutting real estate affected by said abandonment of the easement is Lot 26 and 27 of Summerhill Subdivision City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioner prays that the City of Fayetteville,Arkansas, abandon and vacate the above-described real estate and that the above-described real estate be used for their respective benefit and purpose as now approved by law. The petitioner ftirther prays that the above-described real estate be vested to the property owner as provided by law. WHEREFORE,the undersigned petitioner respectfully prays that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate and that title to said real estate sought to be abandoned be vested to the property owner as provided by law, and as to that particular land the owner be free from the easements of the public. Dated this %3 day of Oc/ 20 oz aran Kaye'Stgtte Sanders Planning Commission November 12, 2002 VACO2-14 Sanders Page 1.3 Wirnloledon Place'` Sal r/r S rvi No th 3 -3m ` V -o �A 28 87 Residence @ 1385 Wimbledon Place UE „ gh13',25'> 142' 25 15' i i Uh � m p y "c C42',159 UE (120',15' 0 25'UE U n = Barn y r Area to be Vacated - d e m House Utility_ e c r — " PL 139.10' Sery re Servicesrh Reference (0',0') i (38',0') PL 122.06' (120',0') IS' I 15'UE 21' E \\ This Land owned by iS'UE owner of tot 26. N . a T U 2 (D O7 > f"I C2 J i d Leaal Description of Area being Vacated: Area to have Utility Easement vacated as illustrated by the hatched area above is a - portion of Lot Numbered Twenty-Seven (27) in 17 Summerhill, a Planned Unit Development to the City of Fayetteville; situated in Washington County, State of Arkansas, as per plat on file in the office of the Circuit Cl@rk of Washington County, -Arkansas. Area .within Lot 27 of Summerhill to be vacated is reference from the Southwest most corner of the tot in a x-y plane with the South Property Line being the x-axis. Area is bounded by points (38',0'),.(13',25'), (42',25'), (42',15'), (120',15') and Prepared by (120',0') as illustrated by the hatched area above. L ewisp�rnr8np9'ematisBiFzn Note: Thereare no Service Utilities within the 1385 WIV*L%ftP12iW@2 area being vacated as established by Arkansas Fayett �llgj_ARcge 1.4 One Call. Pgr: 973ii4455}} Page 1.4 UCO2-14.00 SANDERS Close Up View CDR ' N _ x n Z O Cp r a - . { BRIGHTON PL oxroao vL ALICE Sf ALOE$ U Em Mon?, Q WIMBLEDON PL ' DEVONSHtRE PL o E Q q , � THORNYIIL DR SUBJECT PROPERTY TUBB E X BERTHA Sr BERTHA ST QE= Ell 000EEO ' 0 r� [ Q HA OLD SI WROLD SI Overview Legend Boundary ---- Subject Property Master Street Plan '�'•„> Planning Area VACO2-14.00 o �0000� i �Freeway/Expressway Oveday District C2- j, 'oo0ao Principal Arterial E-� - Streets L_ I City Limits Minor Arterial c-_':.^- �� Existing �Outside City ♦�Collector lanning Commission Planned � Historic Collector November 12, 2002 0 75 150 300 450 600 VACO2-14 Sanders Feet . Page 1.5 ,� • _�— �� .i a ��– \.IIIIIIIIpi KIND IBM* u.■ �. 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WIN ),r"�.'/tea.yIr♦ 1, Q� +► ♦��♦♦ _ - • -1`1-1 ��,��.i�.1.1•��y �� •\♦ ♦�V, CM 1��, i\ • .. ei • .• i �„�®�� .. I•, .I�/Icer�i�•� ►►.■■%•�,,,,'��i`ill►'�''�„ / �I all _ 1 �n ��•�p'--.:-��" ` LSP 02-44.00 Page I PC Meeting of November 12,2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Walgreens,LSP 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: November 7,2002 . LSP 02-44.00: Lot Split(Walgreens, pp 135)was submitted by James Koch of CEI Engineering on behalf of Whiteco hiterra Ventures, LLC for property located at 3939 N. Shiloh Drive. The property is zoned C-2,Thoroughfare Commercial and contains approximately 2.97 acres. The request is to split into two tracts of 1.74 acres and 1.23 acres. Findings: Proposal: Request split of 2.97 acres into two tracts of 1.74 acres and 1.23 acres. Surrounding Zoning: C-2, Thoroughfare Commercial Surrounding Land Use: Thoroughfare Commercial Water: An 8 inch water line exists on the property. Sewer: An 8 inch sanitary sewer line exists on the property. Right-of-way being dedicated: There is a 55 foot right-of-way dedication from center line along Joyce Boulevard and a 25 foot dedication from center line on Shiloh Drive. Adjacent Master Street Plan Streets: Joyce Boulevard is classified as a principal arterial. Recommendation: Approval subject to the conditions below. Conditions of Approval: I. A note shall be placed on the plat which states "Only one shared curb cut will be permitted on Shiloh Drive and only one curb cut will be permitted on Joyce Boulevard". 2. The shared access easement shall be shaded and shall be extended from the east to the west property line. Planning Commission November 12, 2002 LSP02-44 Walgreens Page 2.1 LSP 02-44.00 Page 2 3. The plat shall be revised to reflect the required 25 foot dedication from centerline for Shiloh Drive along both lots. 4. The legal descriptions shall be revised to reflect the required right-of-way dedication. 5. A dedication block shall be added to the lot split in which the right-of-way and easements required as part of this split are dedicated to the City. Standard Conditions of Approval: 6. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) Background: The project was reviewed at the September 18, 2002 Technical Plat Review and the October 3, 2002 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included standard conditions of approval. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. Infrastructure: 1. Water. Extension of 8"water main is required. 2. Sanitary Sewer: Existing 3. Streets. Existing 4. Grading and Drainage. NA PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: Planning Commission November 12, 2002 LSP02-44 Walgreens Page 2.2 LSP 02-44.00 Page 3 CITY COUNCIL ACTION: Required Approved Denied Date: The "CONDITIONS OF APPROVAL",beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission November 12, 2002 LSP02-44 Walgreens Page 2.3 LSP02-44.00 WA L G R E E N S Close Up View SHEPHERD IA P PRIVATE DR vSX A ` z✓`s SUBJECT PROPERTY � S4 !�g ^Kitt f: 4 t � t E.? � K t h I � N O - � � V cOJC00 00 0 O00°OO L "M� Rt o � ° 0 Overview Legend Subject Property Boundary Master Street Plan I�u LSP0244.00 ^"s . Planning Area �tiy FreewaYlF-spressway ILLI '4 �oaveay -°- OdDistrict �'s Principal Arterial - '� Streets F�dsting L—J City Limits ��tu�'Minor Arterial Planned Outside city Collector Planning Commission o°saw Historic Collector November 12, 2002 0 75 150 300 450 600 LSP02-44 Walgreens _ - Feet Page 2.4 i fia> r l now VIN sm. a.r.... . •o• n_n M 111 ale®.®...:.®. elm i I ON r aw WN INS �'ills I III�I�� :. . �� ! 1 1 1 1�� ■•iiiiiiiA m ■1111 11,,■■ — _ �I^�T"_�I' Y�_ �II III ■ I�Y.Y.�7 ■■�: il�..�......L'�WIL.L'{91 41 Ir- �YiYYYfYI��' L�Ji-JL �'wamo-�illi.li ' ■..nY� B gyp ENRON • \ ■:.�.11 1■ _i�rY�'ilnnnni 1tp/ � I �_ � f61 ►.j YYY1iPli.■_ p _.�I��.1man .nri MRS ME All unions MEN MEN I moon nown Will Planning Commission November 12, 2002 LSP02-44 Walgreens Page 2.6 LSD 02-24.00 Page 1 PC Meeting of November 12,2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Walgreens,LSD 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin,City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: November 7,2002 LSD 02-24.00: Large Scale Development(Walgreens, pp 135) was submitted by James Koch of CEI Engineering on behalf of Whiteco Interra Ventures,LLC for property located at 3939 N. Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.97 acres with a 14,560 sq.ft. retail building proposed. Findings: Proposal: 14,560 sq. ft. of retail space is proposed for a Walgreens. Surrounding Zoning: C-2, Thoroughfare Commercial Surrounding Land Use: Thoroughfare Commercial Water: An 8 inch water line exists adjacent to the property. An extension to the main is proposed. Sewer: An 8 inch sanitary sewer line exists on the property. Right-of-way being dedicated: There is a 55 foot right-of-way dedication from centerline along Joyce Boulevard and a 25 foot dedication from centerline on Shiloh Drive. Adjacent Master Street Plan Streets: Joyce Blvd. is classified as a principal arterial. Proposed Tree Preservation: existing: 1.5% preserved: 0.66% removed: 0.84 % (9 trees) mitigation: $900 Recommendation: Approval subject to the conditions below. Conditions of Approval: Planning Commission November 12, 2002 LSD02-24 Walgreens Page 3.1 LSD 02-24.00 Page 2 1. Planning Commission determination of compliance with Commercial Design Standards. The applicant is proposing a red-orange brick exterior on all four sides. At plat review, additional articulation was requested on the North elevation. The elevation was revised to include the addition of brick columns along the north side. §166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES. D. Design Elements Guidelines for Commercial Structures. 1. The elements to avoid or minimize include: a. Unpainted concrete precision block walls. b. Square,boxlike structures. c. Metal siding which dominates the main facade. d. Large blank,unarticulated wall surfaces. e. Large out of scale signs with flashy colors 2. The development must comply with the Sign Ordinance with regard to freestanding/ monument signs. The current proposal is for a joint identification and a monument sign. Staff is support of the use of both signs. However, the signs as proposed do not meet the sign ordinance with regard to square footage,.height, and setback. Staff will not be in support of a variance of the sign ordinance because there is nothing unique to this development which would cause a hardship. In addition to meeting the sign ordinance, the Planning Commission must make a determination that the signs are not large out of scale signs with flashy colors. The options which meet the sign ordinance are as follows: a. One freestanding or monument sign per lot which may not exceed 75 square feet. This 75 square feet would be the combination of the sign and electronic message board. The ordinance allows for a height based on setback and square footage. The maximum height is 30 feet with a setback of 40 feet and a maximum square footage of 75 feet. .The setback decreases with height and square footage. The Subdivision Committee was not in favor of a single tenant pole sign and recommended the use of a monument sign. b. The use of a joint identification sign. Each business along Joyce Blvd.would be allowed signage on a joint identification sign if that business doesn't already have a freestanding sign which exceeds 32 square feet, and does not have signage on the existing joint identification sign for Spring Creek Center. If the joint identification sign were placed on the lot to the north of the proposed Walgreens, a monument sign not to exceed 32 square feet would be allowed on the Walgreens site. The joint identification sign will be required to meet the setback based on height. The monument sign must meet a 10 foot setback and not exceed 6 feet in height. Staff supports the use of a joint identification sign and monument sign for this project. This is a regional commercial area and the City has approved joint identification signs for surrounding commercial Planning Commission November 12, 2002 LSD02-24 Walgreens Page 3.2 LSD 02-24.00 Page 3 developments (Northwest Village—Barnes and Noble, Toys R Us, Spring Creek Center-Home Depot, Wal-Mart, etc.) 3. No signs will be allowed to move or flash. Only stationary wording will be permitted on the electronic message board. 4. The development must comply with the sign ordinance with regard to wall signage. 5. Due to the existing street width at the intersection of Joyce and Shiloh,the sidewalk along Joyce at the intersection will be immediately adjacent to the curb. There is not adequate room within the 55 feet of right of way from centerline required by the Master Street Plan to allow for the typical 10 feet of greenspace. G. Additional landscaping shall be added as follows: a. One landscaped island with a tree shall be added along the easternmost row of parking. b. One tree shall be added to the southeast corner of the site. c. One tree shall be added with a landscaped island at the northeast corner of the building. 7. The parking ratio table shall be revised to the correct number of spaces on the site. 8. A continuous planting of shrubs is required along front property lines. This is required in _ order to lessen the impact of the parking lot. 9. The tree on lot1B shall not be removed as this time. The removal of this tree will be reevaluated with large scale development review of lot 1B. 10. 25 feet from centerline shall be dedicated along Shiloh Drive and shown on the plat. Standard Conditions of Approval: 11.Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 12. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 13. Sidewalk construction in accordance with current standards to include a minimum six foot sidewalk along Shiloh and Joyce. Planning Commission November 12, 2002 LSD02-24 Walgreens Page 3.3 LSD 02-24.00 Page 4 14. Large scale development shall be valid for one calendar year. 15. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions. d. Completion of all required improvements or the placement of a surety with the City(letter of credit, bond, escrow) as required by§158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed,prior to the issuance of a Certificate of Occupancy Background: The project was reviewed at the September 18, 2002 Technical Plat Review and the October 3, 2002 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included tree mitigation, commercial design standards and the proposed pole sign. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. Infrastructure: 1. Water. Extension of 8"water main is required. 2. Sanitary Sewer: Existing 3. Streets. Existing 4. Grading and Drainage. A preliminary grading plan and drainage report have been submitted and reviewed for general compliance. A final review and approval will be necessary before construction can begin. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: Planning Commission November 12, 2002 LSD02-24 Walgreens Page 3.4 LSD 02-24.00 Page 5 CITY COUNCIL ACTION: Required Approved Denied Date• The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission November 12, 2002 LSD02-24 Walgreens Page 3.5 ORDINANCE NO. 4226 AN . ORDINANCE AMENDING CHAPTERS 151, DEFINITIONS,, AND 174, SIGNS,,. THE...-CODE OF FAYETTEVILLE, TO DEFINE AND PROVIDE FOR THE REGULATION OF MONUMENT SIGNS;AND,DEFINE AND CLARIFY THE USE OF JOINT IDENTIFICATIONAND AREA SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 151, Definitions, of the Code of Fayetteville, is hereby amended to delete the definitions of Area Identification Sign and Joint Identification Sign Section 2. That Chapter 151, Definitions, of the Code of Fayetteville, is hereby amended to add the following definitions: Area Sign. (Signs) A sign to identify a common area containing a group of structures, or a single structure on a minimum site of five acres, such as a residential subdivision, residential office, commercial or-industrial subdivision, apartment complex,mobile home park, or shopping center located at the entrance or entrances of the area, and consisting of fence or wall or archway with letters or symbols affixed thereto or other supporting.st acture-as-approved by the Building Inspector. Joint Identification Sign. (Signs) A sign which serves as common or collective_identification for a group of persons or businesses operating in the same I ubdivision or lot in a residential office, commercial or industrial district (e.g., shopping center, office complex, etc.) Such sign may name the persons or businesses included but carry no other advertising matter. Monument Sign. A freestanding sign with a maximum height of six feet above the surrounding finish grade and whose entire base is in contact with and supported by the ground. Section 3. That Chapter 174,Signs, § 174.10,Freestanding Signs,Subsection CA., of the Code of Fayetteville,is hereby deleted and the following shall be inserted in its stead: §174.10. FREESTANDING SIGNS. C. C Districts. 4. Joint Identification Sign. The display surface area of joint identification signs maybe increased to one square foot per 500 square feet of gross leaseable building area over 37,500 square feet, located, as approved by the Planning Commission November 12, 2002 LSD02-24 Walgreens Page 3.6 , Page 2 Ordinance No. 4226 Building Inspector, at no more than two remote entrance locations. The permit applicant shall provide a recorded legal document as approved by the Building Inspector indicating ownership and responsibility for maintenance of sign and subject to the following: a. R-1,R-1.5,R-2 and R-3 District.Prohibited. b. R-O District. Monument sign permitted with amaximum display surface area of thirty-two square feet. c. C and I District. Display surface area shall not exceed 300 square feet. d. Joint Identification Sign Display. A freestanding sign or monument sign greater than thirty-two square feet for a person or business with display on joint identification sign shall not be allowed. Section 4. That Chapter 174; .Signs, §174.10, Freestanding Signs, of theCodeof Fayetteville, is hereby amended;to add the following: §174.10. FREESTANDING SIGNS. G. Area Signs. 1. Size/Location. The size and location of the fence,wall,or other structure which will contain the area identification sign must be approved by the Building Inspector, who will approve such structure upon the criterion of traffic safety sight lines. a. Areas with more than one entrance may not have a sign at more than two locations. b. An area sign with display on one side located on each side of an entrance street may be substituted for a single sign with display on both sides. 2. Display Surface Area a A,P,R and R-O Districts. Display area shall not exceed 32 square feet. b. C and I Districts. Display area shall not exceed 75 square feet. H. Monument Signs. A monument sign shall be set back a minimum often feet from the street right-of-way and may be substituted for a freestanding sign permitted by §174.10,provided the display surface area meets the following: 1. R-1 and R1.5 Districts. Prohibited on individual lots. -- Planning Commission November IZ, 2002 LSD02-24 Walgreens Page 3.7 Page 3 Ordinance No. 4226 2. A and P Districts. The display,surface area shall not exceed thirty-two square feet. 3. R-2, R-3 and R-0 Districts. The display surface area shall not, exceed sixteen square feet. 4..C and I Districts. The display surface area shall not exceed the maximum permitted by.§174.10. Section 5. That Chapter 174, Signs, §174.13, Area Signs, of the Code of Fayetteville, is hereby deleted. PASSED.AND APPROVED this 15th day,of February .2000. A►tr APPROVED. ., s . f4 Fred-Hanna,Mayor .. By: Heather Woodru$ City Clerk/ '.:. Planning Commission November 12, 2002 LSD02-24 Walgreens Page 3.8 LS D02.-24.00 WA L G R E E N S Close Up View SHEPHERD Ln i? P. F PRNATE DR xt v? yK SL M C2 MINE,y x SUBJECT PROPERTY -ems�' roe 2 I�d zf= r t m '4 171-7-1 00 to H t �O ` 0000q oo ° oo°o°°000 1 l oo°O °oo .P �x F t q ° 5 ' uWe Q PSC{ o + ° � F u Overview Legend Boundary r--•": - Subject Property. aster Street Plan o r N-,. Planning Ari LSD02-24.09`° OO Freeway/Expressway 4 2 Overlay Dist[ Principal Arterial Streets t---I City Limits ""*;.. Minor Arterial �� Existing ..- N. Collector ,Planning Commission Planned 0 Outside City m^e> a Historic Collector November 12, 2002 Walgreens Wag 0 75 150 300 450 600 LSD02- _: Feet Page 3.9 .1 • 11 � � i °•-if= - _�i - � -p�� - - - - - _ pnnnnF. pq ® L 'tu- .■ glow 00 per ann..■. _ .�ilhnLVIIIIIIIIIIIIIIII � 111110111111111 nm .1 '"� �� • �� mails -F... �7HOP � _rte•, .i L-�.�71.ri•• �: ,. -' �.`ii E r� r� - :'r �■ III■l. ■ -.� .L•Li11L3i1'G....I 4 ■■ a e— -L-�- l�- -1►%I■_.f\� ■■ M now, �.- ■ ■111 1/ ■ �1 ■►O•IOIY■Ir- _�.�I:��-n�; .._- ® _11 Nil p1! 1■ ■■ V .■. n1..•IIIii�� - •nm immmmm►� -V FAYETTEVILLE PC Meeting of Nov. 12, 2002 TIIE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Shelli Rushing, Associate Planner THRU: Tim Conklin,A.I.C.P., City Planner DATE: November 7, 2002 CUP 02-29.00 (1034): Conditional Use (Hudspeth, pp 526) was submitted by Charles & Staci Hudspeth for property located at 608 Ray Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.51 acres.The request is for a Child Care Home Occupation (Use Unit 8) in an R-1 district. RECOMMENDED MOTION: Staff recommends approval of the conditional use for a child care home occupation in an R-1 Low Density Residential district, subject to the following conditions: 1. The child care home occupation shall accommodate no more than six children (other than the applicants own children), as proposed by the applicant. 2. Planning Commission approval of a waiver from§163.09 Home Occupations(F)(2) to permit the applicant to open at 7 a.m. instead of 7:30 a.m. as required. 3. The applicant shall be the only employee. 4. No sign shall be permitted. 5. No exterior alterations shall be made. 6. The applicant shall complete the Home Occupation Permit Application and pay the required fee ($25 fee will be prorated for this year). The permit can be renewed annually for$12.50. 7. The applicant shall pay the fee for the conditional use permit. 8. The conditional use shall be applicable for one year. After one year, the City Planner shall review the conditional use permit and may renew the permit if no complaints have been received about the property or he/she may forward the request to Planning Commission for additional review. H IUSERSICOMMOMPLANNINGIREPORTSIPCREPORTS2002WOVEMBERIII-121HUDSPETHCUP02-29p inning Commission November 12, 2002 CUP02-29 Hudspeth Page 4.1 PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: November 12, 2002 Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Property Characteristics:The subject property is located north of Huntsville Rd.,on the east side of Ray Ave. A 1,600 sq. ft. house sits on a ''/z acre lot. The previous owner of the house enclosed the garage for a day care home occupation. Staff found no record regarding a conditional use for child care at this location. The rear property line has an 8' wood privacy fence and the side and front property lines have chain link fences. Neighborhood Characteristics:The neighborhood is predominantly single-family residential.Happy Hollow Elementary is located north of the property on Ray Ave. Proposal: The applicant is proposing to operate home-based child care for ages two and older. She proposes to accommodate six children between the hours of 7 a.m. and 5:30 p.m. The area of the home designated for child care is the previously converted garage,which is approximately 325 sq. ft., 20% of the existing structure.No structural changes are proposed. The applicant states she is a licensed home child care home occupation through the State of Arkansas. She indicates that she meet all of the requirements and regulations as required by the State. The applicant indicates that the Fire Department has inspected her home and will be revisiting once the fire extinguishers have been checked by the fire extinguisher company.The applicant is currently watching children for three families and was unaware of the requirement for a conditional use permit for a home based child care home occupation in an R-1 district. Request: The applicant is requesting to operate a child care home occupation in an R-1 district. Issues:A child care home occupation in an R-1 district.must comply with the regulations of§163.19 Home Occupations. H:I USERSICOMMOMPLANNINGIREPORTSIPCREPORTS20021NOVEMBERV I-12WUDSPETH_CUP02-29,"anning Commission November 12, 2002 CUP02-29 Hudspeth Page 4.2 Recommendation: Staff is recommending approval of the conditional use with the conditions identified on page one of this report.The requirements of§163.19 Home Occupations are met with the exception of hours of operation. Staff recommends approval of this waiver to permit the applicant to open at 7 a.m. since these hours better accommodate working parents. A home based child care was in operation for three years prior to this request and prior to the current property owner. The Planning Division has not received complaints regarding the previous use of this property as a child care home occupation. The applicant has spoken with adjacent property owners that have indicated support for this request. The existing drive can accommodate cars for dropping off and picking up. Limiting the child care to six children should have little impact on traffic or the surrounding neighborhood. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single family residential R-1 Low Density Residential South Single family residential R-1 Low Density Residential East Two family residential R-2 Medium Density Residential West Single-family residential R-1 Low Density Residential GENERAL PLAN DESIGNATION: Residential FINDINGS: § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: H:IUSERSICOMMO"LANNINGIREPORTSIPCREPORTS2002WOVEMBER111-12IHUDSPETH CUP02-29FMnning Commission November 12, 2002 CUP02-29 Hudspeth Page 4.3 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting to operate a child care home occupation. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has not paid the required filing fee. This shall be a condition of approval. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under §161.04 District R-1: Low Density Residential to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the conditional use should not adversely affect the neighborhood as long as certain conditions are placed that will control any negative impacts. Those conditions are provided on page one of this report. The previous owner conducted child care without complaints from neighbors. The applicant has. spoken with neighbors and they have indicated no concerns about a child care home occupation at this location. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing home occupations with the exception of the hours of operations. Staff recommends Planning Commission approval of a waiver of this requirement to permit the applicant to open at 7 a.m. instead of 7:30 a.m. as required. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: HIUSERSICOMMONIPLANNINGIREPORTSIPCREPORTS20021NOVEMBERVI-121HUDSPETH CUP02-29NMning Commission November 12, 2002 CUP02-29 Hudspeth Page 4.4