HomeMy WebLinkAbout2005-07-11 - Agendas - FinalTHE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, July 11, 2005, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Approval of Minutes from the Junel3 and June 27, 2005 meetings.
New Business:
1. ADM 05-1570: Administrative Item (36 CLUB PARKING WAIVER, 484): Submitted by JON
HURLEY for property located at 300-306 W DICKSON ST. The property is zoned C-3, CENTRAL
COMMERCIAL and contains approximately 0.17 acres. The request is to approve a parking waiver and
shared parking agreement to allow for the replacement of the on -street parking spaces with five spaced
shared at an offsite location.
Property Owner: PETER STEINHART Planner: JESSE FULCHER
2. ADM 05-1613: Administrative Item (BILL EDDY MOTORSPORTS): The property is located at
and is zoned C-2, Thoroughfare Commercial. The property is within the Design Overlay District. The
request is to allow content other than the name of the business on the proposed wall signs.
Planner: JESSE FULCHER
3. ADM 05-1614: Administrative Item (SHAKE'S)- Submitted by CITY OF FAYETTEVILLE for
property located at NW CORNER OF SANG AVENUE AND 6T11 STREET. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 039 acres. The requirement is for a 15'
green space buffer along the parking lot frontage. The request is for a variance of the required 15' of green
space buffer to allow for 10' of green space.
Property Owner: CITY OF FAYETTEVILLE Planner: JEREMY PATE
4. LSD 05-1574: Large Scale Development (COMMERCE PARK II, 176): Submitted by STEVE
CLARK for property located at the SW CORNER OF JOYCE BLVD AND OLD MISSOURI RD. The
property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.78 acres. The request is to
approve a 63,183 s.f. office building with 193 parking spaces proposed.
Property Owner: DIXIE DEVELOPMENT Planner: ANDREW GARNER
5. R-PZD 05-1555: Residential Planned Zoning District (OAKBROOK PHASE II, 361): Submitted by
MEL MILHOLLAND for property located W OF RUPPLE RD & E OF BRIDGEPORT PH. II. The
property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 11.506 acres.
The request is to approve a residential subdivision with 22 single family and 19 townhouse Iots proposed.
Property Owner: TRACY HOSKINS Planner: SUZANNE MORGAN
6. PPL 05-1433: Preliminary Plat (LIERLY LANE SID, 244): Submitted by MIKE MCDONALD for
property located at 4267 LIERLY LANE. The property is in the PLANNING AREA -and contains
approximately 22.92 acres. The request is to approve a residential subdivision -with 51 single family lots
proposed.
Property Owner: CARMEN & THELMA LIERLY
Property Owner: RAYMOND & MAXINE OSBORN Property Owner: CURTIS WRAY
Planner: JEREMY PATE
7. ANX 05-1580: Annexation (SLOAN PROPERTIES, INC., 609): Submitted by RAYMOND SMITH
for property located at HUNT LANE, S OF HWY 16E. The property is in the Planning Area and contains
approximately 31.59 acres. The request is to annex the subject property into the City of Fayetteville.
Property Owners: KING, OSBORNE, SMITH, HESTER, OZARK ELECT, MULLIS
Planner: SUZANNE MORGAN
8. RZN 05-1581: Rezoning (SLOAN PROPERTIES INC., 609): Submitted by RAYMOND SMITH for
property located at HUNT LANE, S OF HWY 16E. The property is ZONED R -A, RESIDENTIAL
AGRICULTURAL and contains approximately 31.59 acres. The request is to rezone the subject property
to RSF-4, Residential Single Family, 4 units per acre.
Property Owners: KING, OSBORNE, SMITH, HESTER, OZARK ELECT, MULLIS
Planner: SUZANNE MORGAN
9. CUP 05-1577: Conditional Use Permit (DEPOT PARKING, 484): Submitted by MEL
MILHOLLAND for property located at NW CORNER DICKSON AND WEST STREETS. The property
is zoned C-3, CENTRAL COMMERCIAL. The request is to approve a temporary parking lot on the
subject property with 153 spaces proposed.
Property Owner: SHULER DEVELOPMENT Planner: JEREMY PATE
10. CUP 05-1579: Conditional Use Permit (CALLAHAN CELL TOWER, 138): Submitted by TROY
WILLIAMS & JASON STEEL CALLAHAN TOWER JOINT VENTURE for property located at 2805 E
ZION RD. The property is zoned C -I, NEIGHBORHOOD COMMERCIAL. The request is to approve the
construction of a wireless communication tower on the subject property.
Property Owner: CHARLES & PAM CALLAHAN Planner: JESSE FULCHER
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 (575-8267), 125 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 hearings; 72
hour notice is required. For further information or to request an interpreter, please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item — Chairman
B. Presentation of Staff Report
C. Presentation of request — Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Commission
F. Action of Planning Commission (Discussion & 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.
2005 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Audy Lack
Sean Trumbo
Christian Vaught
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Associate Planner
THRU: Jeremy Pate, Director of Planning
DATE: June 22, 2005
PC Meeting of July 11, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 05-1570 (36 CLUB, 484): Submitted by JON HURLEY for property located at 300 W.
DICKSON ST. (NE CORNER OF DICKSON AND CAMPBELL). The property is zoned C-3,
CENTRAL COMMERCIAL and contains approximately 0.16 acres. The request is for a parking
waiver of 5 parking spaces to allow for the construction of an accessory outdoor deck as provided
in § 172.05(4) of the Unified Development Code.
Property Owner: PETER STEINHART Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested parking waiver based on the findings included
in this report, with the following conditions:
1. A copy of the signed, filed shared parking agreement shall be forwarded to the
Nanning Division.
2. Notwithstanding minimum building setbacks, any structure built in this
locations shall be located to allow adequate radius for vehicles turning onto
Campbell Ave. from Dickson Street.1
3. A building permit shall be obtained for any construction.
4. The applicant shall coordinate with the Engineering Division to determine the
suitability of the proposed deck construction, with regard to existing water and
sewer lines in the area.
BACKGROUND:
Property description: The subject property is located at the northeast corner of the intersection
of Dickson Street, a historic collector street, and Campbell Avenue, an unclassified downtown
street with 23' of ROW. The property is zoned C-3, Central Commercial and is surrounded by
properties containing offices, retail establishments and restaurants.
The existing parking lot on the property is a nonconforming parking lot located along the west
side of the 36 Club building. The parking spaces are situated in a way which requires the cars to
back out onto Campbell Ave. within a short distance of the intersection with Dickson St. This
dangerous situation will be alleviated by the removal of these spaces. Also, the removal of the
parking spaces will reduce the required setback for the 36 Club on the west side from 50 ftatgjgf, 2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.1
feet and remove this existing nonconforming setback violation. Therefore, the addition of the
proposed deck would be consistent with Chapter 164.12 Nonconforming Uses and Structures;
Section (D.1) "... any nonconforming structure or portion thereof may be altered to decrease its
nonconformity."
(D) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of
this chapter that could not be built under the terms of this chapter by reason of restriction on areas, lot coverage,
height, setbacks, its location in the lot, or other requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the following provisions:
(1) Alterations. No such nonconforming structure may be enlarged or altered in a way which increases its
nonconformity but any structure or portion thereof may be altered to decrease its nonconformity, provided, the
following structures may be enlarged or altered as hereinafter provided:
Proposal: The applicant proposes to build a new accessory outdoor deck over 5 existing parking
spaces, which are owned by the property owners. The total area of the new structure is 645 s.f.
with a parking requirement of 1/100 s.f. (7 spaces). However, new accessory outdoor use areas
for restaurants and bars are exempt from meeting off-street parking requirements in the C-3 and
C-4 zoning districts.
172.05 Standards For The Number Of Spaces By Use
(4) C-3 and C-4 Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and
other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking
requirements in the C-3 and C-4 zoning districts.
This provision allows for the construction of new accessory outdoor uses, without requiring
additional parking. However, because the new deck would cover 5 existing parking spaces that
currently serve the structure, the applicant is required to provide a shared parking agreement, or pay a
fee -in -lieu of parking for $6,000.00 (5 spaces x $1200.00 per space).
Request: The request is for the Planning Commission to allow a shared parking agreement
between the subject property and a property located at 204 W. Meadow St. The property located
at 204 W. Meadow St. can provide 11 parking spaces. This property currently shares parking
with Arvest Bank from 8:OOam to 5:OOpm Monday -Friday. The property owner is allowing the
36 Club to utilize 5 spaces Monday -Friday after 5:OOpm and any time on Saturday and Sunday.
The 36 Club may also use on -street parking along Dickson St. and the surrounding area for
additional parking needs. Based on the current code, shard parking arrangements between
developments are encouraged to reduce the amount of parking required for new development.
(C) Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand
of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are.
subject to the approval of the Planning Commission.
(1) Shared parking between developments. Forma! arrangements that share parking between intermittent uses with
nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of
parking required.
(2) Shared parking agreements. If a privately owned parking facility is to serve two or more separate properties,
then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Comtmiu�y i1, 2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.2
(3) Shared spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than
one user at the same time.
SURROUNDING LAND USE AND ZONING
GENERAL PLAN DESIGNATION: Historic Commercial
FINDINGS
3. Parking Variances
a. Number of Spaces. The Planning Commission shall have the authority to vary the
number of off-street parking spaces required in C-3 and C-4 districts.
b. Findings. The Planning Commission shall make findings indicating:
(i.) Parking Generated. That the proposed use will not generate as much
parking as required under the existing standards.
Findings: The proposed use requires no additional parking, by ordinance.
(ii.) Shared parking. That shared parking facilities are available; or
Findings:
The applicant has provided a shared parking agreement with an off-
site office building allowing for parking in the nearby vicinity.
(iii.) On -Street parking. The on -street parking can satisfy intermittent and
occasional demands.
Findings: On -street parking is available along Dickson St. and various public
parking lots in the downtown area.
July 11, 2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.3
Land Use
Zoning
North
Razorback Cleaning
C-3, Central Commercial
South
Retail/Restaurant
C-3, Central Commercial
East
Three Sisters Building
C-3, Central Commercial
West
Newly constructed Bordino's
C-3, Central Commercial
GENERAL PLAN DESIGNATION: Historic Commercial
FINDINGS
3. Parking Variances
a. Number of Spaces. The Planning Commission shall have the authority to vary the
number of off-street parking spaces required in C-3 and C-4 districts.
b. Findings. The Planning Commission shall make findings indicating:
(i.) Parking Generated. That the proposed use will not generate as much
parking as required under the existing standards.
Findings: The proposed use requires no additional parking, by ordinance.
(ii.) Shared parking. That shared parking facilities are available; or
Findings:
The applicant has provided a shared parking agreement with an off-
site office building allowing for parking in the nearby vicinity.
(iii.) On -Street parking. The on -street parking can satisfy intermittent and
occasional demands.
Findings: On -street parking is available along Dickson St. and various public
parking lots in the downtown area.
July 11, 2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.3
From Downtown Master Plan — proposed
Development Code
(2) Downtown Parking.
(a) Parking and Loading. All parking related designand
access details within the Downtown District shall be
compliant with Section 172, Parking and Loading, with the
following exceptions:
(1) Drive way throat lengths, 172.04(E)(1), do
not apply.
(2) One-way entrances to parking lots,
172.04(E)(2)(a)(i), shall be ten (10)feet to
twelve (12) feet in width.
(3) Two-way entrances, 172.04(E)(2)(a)(ii),
shall be twenty (20) feet to twenty-four (24) feet
in width.
(4) Drive aisles for circulation, 172.04(E)(2)(b),
that have no parking on either side may be ten
(10) feet in width for one-way, or twenty (20)
feet in width for two-way.
(5) All waivers referenced to C-3 and C-4 in
Section 172.05(A) shall apply to the entire
Downtown District.
(9) The width of landscaped areas parallel to
property lines adjoining street rights-of-way in
Section 172.07(D)(2) shall be equal to the
build -to line distance or minimum setback
distance specified within each transect zone. If
a transect zone specifies a build -to zone, then
the width of the landscaped area shall be equal
to the maximum build -to location or actual
build -to location of the principal structure,
whichever is the shortest distance of the two.
(b) Driveway and Access to Parking Locations. The
following items apply to properties within the Downtown
District:
4— Alley --0-
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(6)On-street parking spaces directly adiacent to
a property may count toward a property's off-
street required number of spaces (Section
172.05). When an on -street space fronts two
separate properties, that property with the
largest portion of the space enfrontinq shalt
claim the space.
(7) Exceeding the required amount ofparking
spaces (Section 172.05(8)) is strongly
discouraged within the Downtown District.
(8) Transect zones and the Cultural and
Entertainment Overlay District are not
equivalent to zoning districts as mentioned in
Section 172.06, Parking Lot Location
Standards. The Downtown District is the
zoning district.
4— Nu Alley --0.
(1) Buildings that have both rear and side access
shall access parking through the rear (see diagram
above).
(2) Driveways from the front of a lot to rear parking
areas are permitted only where rear or side street
access is unavailable (see diagram above).
July 11, 2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.4
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(3) Access through parking lots across property lines
is encouraged, especially when there is no alley
(see diagram above).
July 11, 2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.5
July 11,2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.6
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July 11,2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.6
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July 11, 20V
Planning Commission ADM 05-1570 (36 Club)
Page 1.9
Shared Parking Agreement
§160.117(2}(d)- "Shared parking. Formai agreements which share parking between intermittent
uses with nanconfticting parking demands (eg. a church and a bank) are encouraged as a means
. to reduce the amount of parking required Such agreements are subject to the approval of the
Planning Commission_ Individual spaces identified on a site plan for shared users shall not be
shared by more than one user at a time."
As owner(s) of the property located at 4{ t1 i. m etp� &Xs- LT Slade I (we) hereby
agree to share /1 parking spaces (as shown on attached site plan) during the following times
and days: /
7-66. s E.t ertt ! rr�_F tAdo hoN,
The following restrictions apply �1
-K $a &r k.eS cQ ' Co ►AR,(J e0,r Adas t.L f0� Te City
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Required parking
My (our) property requites.i parking spaces based upon the City's parking lot ordinance.
The use of my (our) property is Asanfwl and it contains a. S y5' square feet.
The applicant's property requires 5 parking spaces based upon the City's parking lot
ordinance. The use of the applicant's property is ikeSteuil anl-I- and it contains
square feet, q t'V 3s `%`f 562 i=,
:Site Pian
Attach a diagram of the entire parking lot_ Enumerate spaces to be shared per this agreement.
Also indicate any spaces within this lot which are shared with other entities.
Owner Signature:Y1�S, (' •
Owner Signature:
Applicant Signature:
Date: Co- I -CS
Date:
Date: v r 1 t3
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July 11,2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.10
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July 11, 2005
Planning Commission
ADM 05-1570 (36 Club)
Page 1.12
ADMO5-`157036 CLUB PARKING WAIVED
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July 11, 2005
Planning Commission
ADM 05-1570 (36 Club)
iles Page 1.14
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: July 06, 2005
PC Meeting of July 11, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 05-1613:Administrative Item (Bill Eddy's Motorsports, 402) The property is located at
1205 N. Futrall Dr. and is zoned C-2, Thoroughfare Commercial. The property is within the Design
Overlay District and contains approximately 1.30 acres. The request is to allow content other than
the name of the business for a proposed wall sign.
Planner: JESSE FULCHER
RECOMMENDATION
Planning Staff recommends denial of ADM 05-1613. A sign with content other than the name of the
business is not in character with existing signage within the Design Overlay District, nor is it
consistent with the approved signage of surrounding businesses. Advertising with wall/monument
signage is currently forbidden by ordinance in the Design Overlay District.
BACKGROUND
The subject property is located north of Wedington Drive and east of I-540. In March 2005, the
applicant submitted a sign permit application for two wall .signs. These signs did meet the
requirements of the Design Overlay District, in that the signs only stated the name of the business,
"Bill Eddy's Motorsports." At the same time, staff was processing a Certificate of Zoning
Application as required by Chapter 161.02. It was then determined that the property was zoned C-1,
Neighborhood Commercial, which wouldn't allow for motorcycle sales, including service and repair.
The property owner then proceeded to submit a rezoning application to change the zoning from C-1
to C-2, Thoroughfare Commercial. This request was approved by the City Council on May 03, 2005.
While the rezoning application was under review, the applicant submitted new wall sign drawings.
These drawings consisted of the name of the business as originally shown, but it also included the
name of the products that the business offered for sale. At that time staff informed the applicant of
the ordinance requirements on sign content in the Design Overlay District. The Unified Development
Code states, "Content of monument and wall signs shall be limited to the name of the business.
Advertising shall not be permitted on the structure, wall sign, or monument sign."
The applicant has stated that there are numerous other businesses that have "advertising" included in
their signage. Specifically mentioned are Total Document Solutions, Williams Tractor and Landers
Auto Park.
July 11, 2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.1
The wall sign for Total Document Solutions was permitted on March 29; 2005. The applicant's
original submittal for the wall sign did contain advertising. However, staff didn't permit the sign and
asked the applicant to submit a sign package which would meet the requirements of the Design
Overlay District. The applicant resubmitted a sign package that did not contain advertising and
accordingly, staff permitted the sign. If advertising material has been erected at this location, it was
done without a permit and without staffs' knowledge.
Staff is unaware of any approved signs for Williams Tractor, which contain advertising. This
property was developed prior to the Design Overlay District requirements.
Landers Auto Park has multiple monument and wall signs. The content of these signs may seem
similar to what is being requested by the applicant. The applicant would like to erect signs which
state the products offered for sale. The signs at Landers also state the products offered for sale. The
difference is that the names of the individual dealerships are also the names of their products. i.e.
The Honda dealership sells Honda vehicles. They would not be allowed in the Design Overlay
District to erect signs which advertise their products i.e. Accord, Civic, Element, but they are
allowed to erect a sign which states that name of their business, Honda. Pursuant to the Design
Overlay District ordinance, one sign per business may be installed. Additionally, in 1994 the
Planning Commission granted a waiver stating that each dealership on the overall property would be
allowed a small monument sign and typical wall signs allowed within the Design Overlay District,
due to the nature of that business. The applicant wishes to install signs that read: KTM, Kawasaki,
Suzuki and Yamaha. These are products offered for sale at the business "Bill Eddy's Motorsports."
The applicant's business used to be called "Kawasaki of Fayetteville," which if the applicant chose
to do, could go back to his old business name and erect a sign that reads "Kawasaki of Fayetteville."
Again, having the business name contain products that are also offered for sale does not constitute
advertising, anymore than Pizza Hut's name containing the word pizza.
The applicant also states that the same "advertising" signs that he is requesting to erect at the new
business location at 1205 N. Futrall, were recently permitted at the old business location at 2028 N.
Shiloh Dr. Staff did locate a permit from 2003 for Kawasaki of Fayetteville, in which the exact signs
that are being requested for the new location were permitted at the old location. The reasons that
signs were permitted at the old location is because the location is within the Point West Subdivision.
All lots and properties in Point West Subdivision I, II, and III with the exception of Lots 1, 3 and 4 of
Phase II are exempt from the Design Overlay District requirements as stated in Ordinance # 3821.
Therefore, the lots listed above may have signs which include more than the name of the business.
REQUEST
The applicant requests that content other than the name of the business, Bill Eddy's Motorsports, be
permitted on the proposed monument sign. The applicant proposes a two wall signs with the
business name and type of products available (Kawasaki, Suzuki, KTM, Yamaha).
DISCUSSION
Chapter 161.24 of the Unified Development Code states that the content of monument and wall
signs shall be limited to the name of the business. Advertising shall. not be permitted on the
July 11, 2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.2
structure, wall sign, or monument sign. The inclusion of the types of products offered by this
business is information other than the name of the business. A sign stating the name of the business
will sufficiently inform potential customers of the products available at this site.
FINDINGS
UDC - Chapter 156.02 Zoning Regulations
(A) General regulations. A variance shall not be granted unless and until an application
demonstrates:
(1) Special conditions. That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other lands, structures,
or building in the same district.
Finding: No special conditions exist which are peculiar to the land, structure, or building,
which are not applicable to other properties in the same district. All properties
in the Design Overlay District must adhere to the same regulations as stated in
Chapter 161.24.
(2) Deprivation of rights. That literal interpretation of the provisions of the zoning regulations
would deprive the applicant of rights commonly enjoyed by other properties in the same
district under the terms of the zoning regulations.
Finding: The literal interpretation of the provisions of the zoning regulations would not
deprive the applicant of rights commonly enjoyed by other properties in the
same district. All signs in the Design Overlay District are limited to the name of
the business only.
(3) Resulting actions. That the special conditions and circumstances do not result from the
actions of the applicant.
Finding: The request for a variance from the requirement of the Design Overlay District
is an action of the applicant's proposal to have information other than the name
of the business on the monument sign.
(4) No special privileges. That granting the variance requested will not confer on the applicant
any special privilege that is denied by Zoning, Chapters 160 through 165, to other lands,
structures, or building in the same district.
Finding:. The granting of the variance would confer a special privilege to the applicant
that is denied to other properties in the same district.
(5) Nonconforming uses. Nononconforming use of neighboring lands, structures, or buildings
July 11, 2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.3
in the same district, and no permitted or nonconforming use of lands, structures, or buildings
in other districts shall be considered grounds for the issuance of a variance.
Finding- N/A
(B) Consideration by the Planning Commission. Applications for variances of zoning and
development shall be considered by the Planning Commission.
(1) Design Overlay District.
(a) Special conditions. The purpose of this section is to authorize in specific cases such
variances from the regulations of the Design Overlay District as will not be contrary to
the public interest, where, owing to special conditions, a literal enforcement of the
Design Overlay District regulations would result in unnecessary hardship.
Finding: The literal enforcement of the Design Overlay District regulations would not
result in an unnecessary hardship. All other businesses in the DOD have had
the same requirements to comply with in regards to content of signs.
(b) Variance requested. A variance from the terms of the Design Overlay District
regulations shall not be granted by the Planning Commission unless and until the
applicant provides from what section a variance is requested. This shall be submitted
along with the large scale development plan.
Finding: The applicant requests a variance of §161.24 (D) (2) (e).
(c) Findings. The Planning Commission shall make the following findings:
(i) Requirements met. That the requirements of §156.02.(A) have been met by the
applicant for a variance.
Finding: These findings have been made in the staff report under Section A.
(ii) Minimum variance. That the reasons set forth in the application justify the granting
of the variance, and that the variance is the minimum variance that will make
possible the reasonable use of the land, building, or structure.
Finding: N/A
(iii) Harmony with general purpose. That the granting of the variance will be in
harmony with the general purpose and intent of the Design Overlay District, and will
not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Finding: Staff finds that to allow the requested sign will not be harmonious with the
purpose and intent of the Design Overlay District, which is "to preserve and
enhance the economic value and viability of property within and near the
Overlay District for the I-540 Highway Corridor." Other businesses in the area
July 11,2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.4
have complied with the sign ordinance as adopted, with few exceptions.
(d) Conditions and safeguards. In granting any variance, the Planning Commission may
prescribe appropriate conditions and safeguards in conformity with this section.
Finding: N/A
July 11,2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.5
161.24 Design Overlay District (1-540 Highway Corridor)
(A) Purpose The purpose of establishing a Design Overlay District for the I-540 Highway Corridor is as follows:
(1) To protect and enhance the distinctive scenic quality of the I-540 Highway Corridor by providing for.
nonresidential developments which will maximize preservation and enhancement of the natural, rural, and open
character of the terrain and foliage.
(2) To address the issues of traffic and safety.
(3)
To address environmental concerns which include, but are not limited to, soil erosion, vegetation preservation,
drainage and heat islands.
(4) To preserve and enhance the economic value and viability of property within and near the Overlay District for
the I-540 Highway Corridor.
(B) Overlay District boundaries. The Overlay District encompasses all lands lying within 660 feet of each side of
the right-of-way of I-540 from the intersection of I-540 and State Highway 471 (a/k/a 7I B) north to the city limits of
Fayetteville, (a/k/a the 71 Bypass and/or John Paul Hammerschmidt Expressway), and also that portion known as
State Highway 471S described more fully as that portion of State Highway 471 which connects I-540 to State
Highway 471 (a/k/a North College) and all future extensions of I-540 within the City of Fayetteville. Said
boundaries are set out on the official plat pages along with a legal description of such boundaries located in the
Planning Division.
(C) Application of Overlay District Regulations and standards. The regulations and standards contained
herein shall apply to all nonresidential properties, (including, but not limited to new development),
located within the Overlay District boundaries. Such regulations and standards shall be in addition to
and shall overlay all other ordinance regulations and standards, including, but not limited to
nonresidential zoning district and signage regulations and standards. Should the regulations and
standards of the underlying and Overlay District conflict, the Overlay District regulations and standards
shall control.
(2) Signage.
(a) Nonresidential free-standing signs.
(i)
Each separate nonresidential lot will be allowed a single ground -mounted (monument) sign located on
the building site. In the case of lots with double frontage, two ground -mounted (monument) signs shall
be allowed.
(ii) The sign shall be a maximum of six feet high, 75 square feet in area, and setback a minimum of 10 feet
from the property line.
(b) Wall signs. One wall sign may be installed per business. Sign area shall not exceed 20% of that wall
area or 200 square feet, whichever is less. A second sign may be allowed if it is determined that the
structure has more than one front facing a street or highway right-of-way.
(c) Illumination. Only indirect lighting may be used for illumination of all signs.
(d) Multiple tenants. The owner of the building shall be responsible for the provisions of one monument
sign with sign area for multiple tenants.
(e) Sign content Content of monument and wall signs shall be limited to the name of the
business. Advertising shall not be permitted on the structure, wall sign or monument.
July 11, 2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.6
204 ,late Prace
Lowell; Af1 72745:
(479) 770-6004
Planning Commission
Attn: Chairperson
6-10-2005
Ref: Bill Eddy's sign
a. The special condition is that the logos are all part of the name of the company,
and exposure is needed to market his product:
b. There are numerous other businesses enjoying the same right to signs requested
by Bill Eddy (Landers Auto Park, Williams Tractor, Total Document Solutions,
and others,
The owner did not create the condition. He bought an existing location,
previously Hank's Furniture, to use in the same way as the previous owner, i.e. to
buy product and retail to the public.
d. This request would not grant any privilege that is denied to other business that are
already advertisingwith names of manufacturers logos as referred in "b" above.
e, The signs are needed to communicate that this is a business, and that they sell
-motorcycles and related supplies and products. This is the -purpose thatthe .
property was purchased, and without the ability to sell his product, the business
would obviously fail.
C We feel that granting of this request would be in harmony with the intent of the
Design Overlay District, in the exact same way that the other merchants are
advertising. If Landers could only have "Landers", and had to remove.
"HUMMER, CHEVROLET, TOYOTA, ACURA, HONDA" from the buildings,
the buildings would be half bare, and their sales would begreatly hindered. We
feel that this request would not be injurious to the neighborhood. Many thousands
of dollars have, and are being spent to remodel this into a world-class motorcycle
facility. The owner, by no means wants to create any condition that is visually
objectionable or that would lower the quality of the design element of the district.
It should be noted also, that all of these signs were on the previous location, in this same
district, which was recently permitted, and is only about one mile from this new location.
Respectfully submitted by
Bill Eddy, with assistance from
Don Cobb, D -Sign Inc.
July 11, 2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.7
204 Jane Pjace
Lowell, AR 72745:
(479).7166004:-..
1) NIA
2) Written Description of request: Request is for a sign as shown in drawing,
comprised of five logos in a group, with the "Bill Eddy's" log in the middle,
surrounded by "Kawasaki, Suzuki, KTM, and Yamaha". The group if signs is 9
ft. 3 in. tall and 40 ft. 3 in. long, with an overall area if 372 square ft. The
illumination is internalfluorescent, the sign would be installed on the West wall,
about 20 ft. above grade, and below the roof line. The sign would be centered on
the West elevation to be visible on I-540.
July 11,2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.8
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July 11,2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.9
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July 11, 2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 2.10
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July 11, 2005
Commission
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Page 2.11
r+Mc I_� VEQ City of Fayetteville
Planning Division
MAR 2".4 2004113 West Mountain Street
Fayetteville, AR 72701
NN I NG ,575-8267 / Fax# 575-8202
Helping to btdd a befer Conn*
SIGN PERMIT APPLICATION
Sign application 02-25-2003
S15 N 511:I0h
N 0 _ Is the sign joint identification?
FAYETTEVILLE
Sign Site Address:
Is the sign off site?
FAYETTEVILLE
Zip: 7A70
Property owner signature if off site or joint identification.
GENERAL INFORMATION
Name of Business: Join) be
So�t.fians �►.c
Bus. Phone #:
.57S-0770
Business Owner.
/two Stanley
Home Phone:
515- 0770
Business owner address: ? 51 S N
51,..)o(t
Zip Code.
7 2 7 0 4
Property Owner.
Property owner address: a S 1 S
N. S h n oL
Sign Contractor. S•gem
Phone #:
• y q? - 3 7 3 1
Contractor address: 30131 /V.
513 . I o k , 5-1. l u i
Zip Code:
7? -70 3
Contractor E-mail Address (If applicable):
stens h w a v Nc @
c b C glob a I• r1 et
Please circle: NEW / ALTERATION/ ADDITION
Is sign for anew building? // D
Is sign for a new business in an existing building? Y e s
Alteration or addition to existing sign(s), specify,
ti0NE
Setback from right-of-way for freestanding or monument sign? /VA From nearest property line /V74
Type of Display surface? A (u h a taNn
Type of support with material? 5c i- . r.. s -f 0 • I 1 .
Please specify; illumination: Neon /fluorescent / Direct / Indirect
If the sign is electrical, list the UL #'s
Color elevation or picture of sign with dimensions (width, height) and type of mounting including the material in
which sign will be mounted. Elevation shall convey the wording of the sign.
Wall Only: Elevation of wallshowing location of proposed sign, wall dimensions, and all other signs on wall.
Freestanding: Site plan indicating location of sign (see site plan requirements).
Continued on reverse side
July 11, 2005
Planning Commission
ADM 05-1613 (Bill Eddy Motorsports)
Page 212