HomeMy WebLinkAbout2003-10-06 - Agendas 1006 B 0 SIGN 10/3/03 Page 1 1006 B 0 SIGN 2X3
AGENDA FOR A MEETING OF
THE BOARD OF SIGN APOEALS
A meeting of the Board of Sign Appeals will be held Monday,
October 6, 2003 at 3:45 p.m. in Room 326 of the Clity,
Administration Building, 113 W. ----- ----
Arkansas,72701. City of Fayetteville
The following item will be conaldered:
Approval of minutes from Antgust 4,2003 meeting.
Old Business!
'. SNA 03.11.00:Sign Variance(Northwest Arkansas Mail,pp 134)was submitted by Jeff
Bishop of the Nofthwest Arkansas Mall for property located at 4201 N.Shich Drive. The property is
zoned C-2,Thoroughfare Commercal. The reel is for a monument sign,in section to the existng 4
monument signs,located al the interaection of Steels Blvd.and the weed end ofthe nnall parking lot. Tre
sign ordinance allows one freestanding monument sign bar lot.Staff assigned:Me Bunten
2. SNA 03-12.00:Sign Variance(Jones Motor Ca., pp. 213)was;submitted by Mandy
Bunch of EB Landorks,Inc.on behalf of Mike Jones for the property located at 3547 N.Wlege Axre.
Th.property Is zoned C-2,Thoroughfare Commercial. The request Is for an additional freestanding
monument sign for a proposed!Jones Mercedes dealership.Staff assigned: kis Bunten
At interested names may appear and be heard at the public hearings. A copy of the proposed
amendments and other Parlinent data is open and mailable for Inspection in the Office of City Planning
(575-8267)125 West Mountain Street,Fayettmille,Arkansas. All interested parties as invited to ravimv
the petitions.
Interpreters or Tl for hearing impaired an'mailable for all public meetings. 72 hour notice is required,
For further information or to request an interpreter,please 575-8330.
1006 BOA 10/3/03 9:4L�� 1 1006 BOA 2X2.75
AGE DA FOR A MEETING OF
THE:OARP OF ADJU IMENT
ST
A regular meeting of the kfuare� of Ad[� me,.11 t 0 In 11
Monday,October 6,2003,at 3:45 p.m.in Room 326 of�ha C;Y
Administration Building, 113 Weat Mountain, Fayetteville,AR,
72701.
Roll Call City of Fayiefteville
The following Items will be considered:
Approval of minutes from the meeting of Auguart 4,2003.
Nm Business:
'- '03-28.00:Variance(Station on College,pp.445)yvas submitted by Tony Davis on,
b.hadf of Kevin Kuehn for the property located at 867 N.College Ave, The property is soned R-0,
Residential offlee. The request is for a reduction in Building setbacks for an exising non-conforming
structure. The requirement for the building setbacks along College Ave.is 30'from the Street Right of
Way the request is for a I W setback(a reduction of 20'). Meng Cleteurn Street the requirement for the
building setbacks are 30',the request for a 10'setback(a reduction of 21Y). The recurement for the
building setbacks along Pollard Ave.is 30';the request is for a 20'setback(a reduallon of 10').Assigned
Planrner: Jeremy Pate
At Interested parties may appear and be heard all the public hearings. A copy of the proposed
amendments and other pertinaht data is open and available for inspection in the Office of City planning
(575-8267),125 West Mountain Street,Fayeftemile,Arkansas. Ail interested pa-lies we invited to reievy
the Willow
Interpreters orTDD for hearing impaired are available for adl public meetings. 72 hour notice is required.
For further information or to request an interpreter,please cal 575-8330.
board of Sign 9/26/03 9: AM Page 1
board of Sign 2x2.75
NOTICE OF PUBLIC HEMINGS NOI
NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE OR[
PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF BEE
FAYETTEVILLE,THE FOLLOWING PETTIONS HAVE BEEN SET AM
FOR A HEARING BEFORE THE BOARD OF SIGN APPEALS IN THE FAY
CITY ADMINISTRATION BUILDING,113 WEST MOUNTAIN Th.
STREET.ROOM 326.FAYETTEVILLE.ARI(ANSAS,ON MONDAY, I.S
of E
OCTOBER 6,2003,AT 3:45 P.M. The
The folloviiing items will be considered: free
1.SNA 03-12.00:Sign Appeal(Jones Motor Cars,pp. Kn
213)vvas submitted by Mandy Bunch of ED Landvorks,Inc.on
2
behalf of Mike Jones for property located at 3547 N.College Ave. Or.
The property is zoned C-2,Thoroughfare Cornmerc @I. The real is for an dition as and'9
monument sign and�l signs for the Jones Mercedes Desifersh]P.Assigned is u a
2. SNA 03.11.00:Sign Variance(Northwest Arkansas Mall,pp vo sub. me,
I ji,
Jeff Bishop of the Northwest Arkansas Mall for property located at 4201 N. loh rive. ap a +A
is zoned C-2,Thoroughfare Commercial The request is for a monument sig in dition to a or.
existing 4 monument signs,located at the intersection of Steele Blvd.end th I p in lot. a oi
sign ordinanoe allows one freestanding monument egn per lot. ini
Inte,
At interested parties may appear end be heard at the public hearings. A copy of the proposed no&
arnandments end other pertinent data is open and avelable for inspection in the Office of City Planning 833,
(575-8267),125 West Mountain Street,Fayetei Arkai All interested Parties we invited to
review the peftlons.
Interpreters or TDD for hearing impaired wo available for all public meetings. 72hournotlegis
required. For further information or to request an interpreter,please cut at 575-8330.
boa 9/26/03 8:47 AM boa 2x2.5
NOTICE OF PUBLIC HEMINGS
NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS
OF THE CODE OF ORDINANCES OF TIHE CITY OF FAYEI1 EVILLE
THE FOLLOWING PETITIONS HAVE BEEN SEF FOR A HEARIN6
BEFORE THE BOARD OF ADJUSTMENT IN THE CITY
ADMINISTRATION BUILDING, 113 WEST MOUNTAIN STREET,
ROOM 326,FAYETTEVILLE,ARKANSAS,ON MONDAY,OCTOBER
6,2003,AT 3:45 RM
The follovAng Neon,vAII be ansidered:
Approval of minutes from the meeting of Ampust 4,2003.
N.Business:
VAR 03-28.00:Variance(Station on College,pp.445)was
submitted by Tony Davis on behalf of Kevin Kuehn for the property
located at 867 N.College Ave. The property is zoned R-0,Residential office. The request is for a
reduction in Building setbacks loran eadsfng non-conformingstruclure.Therequirementforthebuildfing
setbacks along College Ave.is 30'from the Stmet Right of Way the request is for a 10'setback(a
reduclioncf2l)'). Along Cleburn Sheat the reclumement for the building setbacks are 30'. Therequest
foralUsetteack(aredl The requirement for the building setbacks along Pollard Ave.is 30
feet. The request is for a 20'setback(a reduction of 10I.Assigned Planner: JeranyPate
All intenesked I may appear and be heard at the public hearings. A copy of the I
annendments and other pertinent data is open and available for inspection in the Office of City Planning
(676-8267),125 West Mountain Stnest,Fayetteville,Arkansas. All interested parties are imiled to review
the petifions.
InteTieners or TOO for hearing Impaired!one avelable for all public meadifings. 72 hour notice is required.
For further inforrination or to request an interienater,please call 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR
72701
Telephone:479-575-8267
AGENDA FOR A MEETING OF THE BOARD OF SIGN APPEALS
A meeting of the Board of Sign Appeals will be held Monday, October 6, 2003 at 3:45
p.m. in Room 326 of the City Administration Building, 113 W. Mountain Street,
Fayetteville, Arkansas, 72701.
The following item will be considered:
Approval of minutes from August 4,2003 meeting.
01dBusiness:
1. SNA 03-11.00: Sign Variance (Northwest Arkansas Mall,pp 134) was submitted
by Jeff Bishop of the Northwest Arkansas Mall for property located at 4201 N. Shiloh
Drive. The property is zoned C-2, Thoroughfare Commercial. The request is for a
monument sign, in addition to the existing 4 monument signs, located at the intersection
of Steele Blvd. and the west end of the mail parking lot. The sign ordinance allows one
freestanding monument sign per lot. Staff assigned: Kris Bunten
2. SNA 03-12.00: Sign Variance (Jones Motor Cars, pp. 213) was submitted by
Mandy Bunch of EB Landworks, Inc. on behalf of Mike Jones for the property located at
3547 N. College Ave. The property is zoned C-2, Thoroughfare Commercial. The
request is for an additional freestanding monument sign for a proposed Jones Mercedes
dealership. Staff assigned: Kris Bunten
All interested parties may appear and be heard at the public hearings. A copy of the
proposed amendments and other pertinent data is 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 meetings. 72 hour
notice is required. For further information or to request an interpreter,please 575-8330.
ORDER OF BOARD OF SIGN APPEALS 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 Board
F. Action of the Board of Sign Appeals (Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Sign Appeals on an agenda item raise your hand
when the Chairman asks for public comment. He will do this after he has given Board
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 Board of Sign Appeals.
2003 Board of Sign Appeals Members
Sherrie Alt
Michael Andrews
Michael Green (Chairman)
Robert Kohler
James Kunzelmarm
Bob Nickle
Joanne Olzewski
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Sign Appeals
FROM: Kris Bunten, Planning Technician
THRU: Dawn Warrick, AlCP, Zoning and Development Administrator
DATE: September 30, 2003
(SNA 03-11.00: Sign Variance (Northwest Arkansas Mall, pp 134)was submitted by Jeff
Bishop of the Northwest Arkansas Mall for the property located at 4201 N. Shiloh Drive. The
property is zoned C-2 Thoroughfare Commercial. The request is for a monument sign, in
addition to the existing 4 monument signs, located at the intersection of Steele Blvd. and the mall
parking lot. The sign ordinance allows one freestanding monument sign per lot.
RECOMMENDATION: Denial of this request.
BACKGROUND:
Property Description: The location of the Northwest Arkansas Mall is at 4201 N. Shiloh Drive.
Proposal: The applicant proposes to erect a new monument(freestanding) sign at the western
edge of the subject property at the intersection of the private outer road which serves the Mall
and Steele Blvd.
Request: The request is for an additional monument sign at the intersection of Steele Blvd. and
the Mall parking lot of the west side of the mall property. This sign would be in addition to the
existing signage which consists of one pylon sign and two monument signs (140 s.f each)along
the eastern property line, one monument sign located at the intersection of Mall Ave. and Joyce
Blvd. (66.5 s.f), several directional signs and wall signage for various tenants within the
structure.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Vacant/City of Johnson C-2 /Outside City
South Mixed Commercial Uses C-2, Thoroughfare Commercial
East Mixed Commercial Uses C-2, Thoroughfare Commercial
West Mixed Commercial Uses C-2, Thoroughfare Commercial
GENERAL PLAN DESIGNATION : Regional Commercial
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.1
156.05 Sign Regulations
Consideration by the Board of Sign Appeals. Certain variances of the sign regulations may be
applied for as follows:
(A) General. The Board of Sign Appeals shall consider requests for variances from the literal
provisions of the sign regulations for the creation of a new sign in instances where strict
enforcement of the sign regulations would cause practical difficulties due to circumstances
unique to the individual sign under consideration, and granting such variance only when it is
demonstrated that such action will be in keeping with the spirit and intent of the sign regulations.
(I)Prohibited. The board shall not permit as a variance any sign the erection of which or the
continuance of which is prohibited by Chapter 174.
FINDING: No additional freestanding signage may be permitted for the subject property
without a variance.
(2) Strict enforcement unreasonable. The board may grant a variance from the provisions of
Chapter 174 where strict enforcement would be unreasonable.
FINDING: Strict enforcement of the sign regulations would not permit the proposed
monument sign. The amount of signage for this property has already been increased beyond
current allowances through previous actions of the Board(see attached minutes).The amount
of signage which has been allowed for this property is reasonable without this additional
monument sign.
(3) Unique circumstances. To hear request for variances from the literal provision of Chapter
174 for the erection of a new sign in instances where strict enforcement would cause
practical difficulties due to circumstances unique to the individual sign under consideration,
and grant such variance only when it is demonstrated that such action will be in keeping with
the spirit and intent of Chapter 174.
(a) The board shall not permit as a variance any sign the erection of which or the
continuance of which is prohibited by §§174.05, 174.07, 174.08(A), (B), (C), (D), (E),
(F), (G), and (1), 174.09, and 174.13(R). The board may grant a variance from the
provisions of§174.06(A),(B),and(D)where strict enforcement would be unreasonable.
(b) The board may impose reasonable conditions in the granting of a variance to ensure
compliance and to protect adjacent property. A violation of such conditions shall
constitute a violation.
(c) In exercising the above-mentioned powers,the board may reverse or affirm,wholly
or partly, or may modify the order, requirement, decision, or determination appealed
from, and may make such order,requirement, decision, or interpretation as ought to be
made.
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mail)
Page 1.2
(d) A concurring vote of a majority of the members present shall be necessary to reverse
any order,requirement,decision,or determination of the building inspector,or to decide
in favor of the applicant on any matter upon which it is required to pass or to effect any
variation in Chapter 174.
(e) Any variance granted by the Board of Sign Appeals shall automatically be revoked if
the applicant does not comply with the terms of the variance within 30 days from the
granting thereof,and,the applicant shall be required to comply with the literal provisions
of Chapter 174.
FINDING: The Northwest Arkansas Mall is a large development with many tenants. It may
be accessed from many different streets. While it is a unique development, the Board has
already addressed this condition and granted three additional monument signs,two which are
almost two times the allowable size for this type of sign.It is unreasonable to think that people
traveling in this commercial area could not find the Northwest Arkansas Mall or know that
they had arrived at that development without this additional sign.
(B) Roof signs. The Board of Sign Appeals may grant a variance for a roof sign only in those
cases where the applicant demonstrates practical difficulties in utilizing a wall sign and
demonstrates that the variance will be in keeping with the spirit and intent ofthe sign regulations.
FINDING: N/A
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)--Enforcement, Ch. 153; Signs, Ch. 174
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.3
See. 174.10. On-site freestanding signs. It shall be unlawful to erect any freestanding sign which
total height is greater than 30 feet above the level of the street upon which the sign faces. For any
sign located closer to street right-of-way than 40 feet the maximum height shall be reduced one-half
foot for each foot of setback less than 40 feet. On-site freestanding signs shall be permitted to be
erected in the city subject to the following:
(D) C Districts.
(1)Number of signs.Only one on-site freestanding signs shall be permitted on a lot, at a shopping
center, or at a mail;provided only one on-site freestanding sign shall be permitted for any business
operating on two or more adjoining lots
(2) Freestanding signs. Freestanding signs shall be subject to the following:
(a)Display surface area. Display surface area shall not exceed 10 square feet;provided,the display
surface area may be increased two(2)square feet for each one(1)foot the sign is setback from street
right-of-way beyond 15 feet,provided further,the maximum display surface area for a sign which is
setback from street right-of-way 40 feet or more shall be 75 square feet.
(b) Setback from right-of-way. Setback shall be a minimum of 15 feet from street right-of-way
provided, an on-site freestanding.
(c)Setback from adjoining property. Setback shall be a minimum of 25 feet from the boundary of
any adjoining property.
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.4
Board of Adjustment Minutes
May 1, 2000
Page 24
SA 00-2.00: SIGN APPEAL
NORTHWEST ARKANSAS MALL,pp 134
That brings us to SA 00-2 and Ms. Bishop, I didn't mean to over look you when I said there was
only one item. This is an appeal submitted by Alice Bishop on behalf of the Northwest Arkansas
Mall. This is a request for three additional signs at the entrances. Staff, do you have input on
this.
STAFF RECOMMENDATIONS:
Rakes: I'll start with the worst first, I guess. On your handout on page 2.8,the signs that
they have marked A and B, and I believe, they do have one existing free standing
sign between these two to where they would all three be visible at the same time.
Historically this has been a no, no. Now they can have some smaller directional
signs there, but you are talking about like 4 square feet unless they can get a
variance for something larger. I don't know how many people would be coming
back before you wanting to get two signs on the same lot. This is the problem we
have with it. Now sign C we don't have a problem with that. When we amended
the sign ordinance, it allows two signs,two monument signs on a subdivision or
something of this nature if the location is approved by the inspector. The
condition of approval was intended to be that they could not be seen from the
same location. So, really, C would be, according to the information here, it would
probably have to go to the Planning Commission even after we approve it because
that is on public property. That is public property along Mall Lane where they
decided to put the sign. So, we really don't have a problem with that. When you
get to D, the location of D, the sign ordinance is kind of silent on this issue. This
is way off the road. The only people that would be seeing it would be the
customers at the mall. We do have provisions for smaller signs and things of this
nature for nameplate signs or welcome signs and things of this nature, directory
boards in a smaller application. So,we really don't have a problem with the
location of D or as far as the directional signs. For larger places we normally see
directional signs. So the only, they may want to talk about some square footage
or something like that,the sizes or things of that nature, but this is pretty well
staff s recommendation on the signs.
Orton: Is this request for three free standing signs? I guess I didn't understand that it was
for monument signs or directional signs. How many free standing signs are they
asking for?
Rakes: I believe I'm correct, they are asking for 2 additional free standing signs on North
College and one on Mall Avenue. Is it a monument sign or what? October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.5
0 0
Board of Adjustment Minutes
May 1, 2000
Page 25
Bishop: It's a monument sign. It's a two sided monument sign and the two on-Collegc are
one sided. In fact I have hand outs I can give you to explain that a little bit.
Green: So basically, If I understand you, Bert, the sign D is probably no opposition to
that? There is no opposition to D?
Rakes: I wouldn't think so.
Green: It's only A and B. Having three signs on that front road is what the main
contention would be?
Rakes: I was thinking the only concern on sign D might be the size. Do you need one
that large or is the size adequate for their needs? But I don't see any opposition.
The ordinance.is silent on,this matter on the size of interior signs.
Green: Probably rightly so.
Rakes: Right. And I don't know of any other requests for one of this nature before and
you're talking about a shopping center of this size to deal with.
Orton: What concerns me here is the,how many other places, stores are going to start
asking for this sort of variance and what does that do to our sign ordinance. Why
is this particular one to be exceptional to all other businesses? If we are opening
pandora's box and there goes the sign ordinance, which I know the majority of
people in this city are very much for the sign ordinance. Certainly free standing
signs, will we start seeing them pop up all over and we start looking like
Springdale? I'll say it because Springdale's people say it to us.
Hanna: I would just ask Ms. Bishop, obviously the mall is very dynamic,it's changed a
lot in the last 25 years. What is the purpose of these signs?
Bishop: We currently have one free standing sign as Mr. Rakes mentioned. That is
required by lease. We have to accommodate Luby's Cafeteria and also the Mall
Twin Cinemas which shows the listings of the movie theaters. We are faced with
the dilemma. In order to put Northwest Arkansas Mall on that sign it would have
to be bigger and that would go against another ordinance. So,we felt like the best
option would be to goAith monument signs. If you have seen the signs that are in
Tulsa at Woodland Hills Mall, they are similar to that concept. The ones that you
have the designs for are designed by an architect. They are very aesthetically
pleasing. They go along with the other look that we have at the shopping center.
I don't want to sit here and say we are special by any means, but we cove6clo er 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.6
Board of Adjustment Minutes
May 1,2000
Page 26
acres of land which I can't say that many other businesses in Fayetteville do that.
We are also exposed to three major city streets. There are many different
elevations on our property. As was mentioned earlier,you can't really see one
sign from the other sign. One thing that we discovered when we started going
through this whole process and I've included those pages in the back of the
booklet that I gave you, on our original redevelopment that was submitted and
approved by the city, all of this signage was on the plan. So, in concept it has
already been approved by the city. We realize that we still have to get individual
variances but,that whole plan in total was approved at one point. We do maintain
the property, the city property that was mentioned earlier,where we would want
to put the sign on Mall Lane. We landscaped that, we maintain it, so,we're
already taking care of it and we realize that we would have to have some kind of
agreement from the city giving us the right to use that land to put the sign on.
That particular sign is a smaller sign and in order to get exposure it is needed.
When out of town visitors come to the area, they want to know if the Luby's Mall
and the Northwest Arkansas Mall are one and the same. We really are a regional
shopping center. I think everyone in Fayetteville knows we are Northwest
Arkansas Mall, but people that are coming in from miles around to shop now, do
not realize that. So,we need a sign that says Northwest Arkansas Mall and we are
asking for this because we feel like it is the best way to accommodate the need.
Hanna: Thank you. I would tend to agree with that. Since that new street has been built
that hooks into Johnson Road, and since they just got the second bridge fixed now
in Johnson, that's the way I go to the mall now and I know where it is but if
you're coming from the west, from Johnson, it's so congested there, if you miss
that turn off to the left, you have to go up, it's just a point. I think they have a
legitimate point. It's bigger than any other piece of property and the way it's on
that hill there, I'm not sure you can even see the street sign from Mall and Joyce I
guess that runs east and west?
Bishop: Joyce and Mall Lane.
Hanna: Can you even see this, the pole sign, the free standing sign on the east side of the
property?
Bishop: No.
Hanna: So, I believe that's a legitimate concern. Then if you are coming from the north
from Springdale, and we all assume everybody knows where the mall is and I'm
not here to be an advocate for the mall, but from common sense, if you are
coming up and you have Lowe's over there and it's easy to see, and I'm WAtoMer'6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.7
Board of Adjustment Minutes
May 1, 2000
Page 27
as you are coming up that hill if you can see that mall,Luby's sign. I've never
looked for it because I know where I'm turning but I think if you are talking about
a safety issue being able to see in the flow of traffic, I think this is legitimate,
what they are asking for. This is not crazy or obtrusive I think monument signs
are what we have been leaning towards for any of our sign variances and have
looked upon those more favorably than any other type of sign. Andifit'snot
outlandish and fits with the land and the site, I think this is a unique piece of
property so, I don't control the government easement or government property, but
for the property they own, I sure don't have a problem with it.
Perkins: You mentioned sign A and B being in sight of one another, does the terrain
between there actually make, is it in your line of sight?
Rakes: If that's a monument sign on Mall Avenue, I don't believe that you can see over
there.
Hanna: There's no way you could see that. There are buildings in the way.
Perkins: Well, it's not only curved but you have a crest of a hill there.
Green: It would appear to me that there are at least three differences that would keep us
from setting a precedent for everybody else. Probably number one would be just
the size of the development out there. It's much too large for just one sign, I
would think,just from the acreage that we are dealing with. Number two is the
fact that there are these major entrances that are separated from each other so far
and this is another one of those things that is required for traffic flow, is to
separate these things great distances. Well,when you do that though,you are sort
of defeating the purpose of having one central entry point at the sign. Then the
third reason this would be unique is the terrain. With monument signs,I don't
believe you would be able to see one entrance from the other entrance just .
because of the crest of that hill. From that standpoint, I don't feel like we would
be setting ourselves up for getting deluged with people requesting variances. If
they want to build a million square foot retail outlet and cover 120 acres I would
say come right ahead, let's talk to them.
Hanna: I think that is one other thing, I don't have the sign ordinance right in front of me,
but if they do have a pole sign and they wanted to build and new pole sign based
on the number of feet back from the street,I bet they could build it 150 feet high.
I don't know for sure. My point is if they had a big pole sign right in the middle
of the property, a big old sign goes up that you could see from Rogers, and they
could comply with the ordinance, but I don't think it would look very goQd It's
ORO er 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.8
Board of Adjustment Minutes
May 1, 2000
Page 28
such a big piece of property I think you have to be one foot back for every one
foot up or whatever. Does it say right here?
Perkins: This only goes back as far as 40 feet. It could be a 30 foot high and 75 square
foot.sign.
Hanna: So, multiply that by teri. My point is it's a huge piece of property and I think they
are being reasonable.
PUBLIC COMMENT:
Alice Biship,Lisa Skiles and Jeff Bishop represented the applicant.
Perkins: Any further public discussion?
Ward: Steve Ward, Fayetteville Chamber. Just certainly encourage you to view this in a
positive manner. I think it is a very unique situation. A major retail operation
that draws from throughout the region and I think the obvious quality of the
design,the monument, will really be an enhancement for the people coming in
from outside areas. I certainly don't think they would do anything offensive. We
have seen the landscaping and what they have done there and I think it would be a
real plus for the community.
Crider: Jim CriderArith the Fayetteville Chamber of Commerce. My cormnent is looking
at the linear footage along that front in front of the mall along the highway, you
could put several businesses along there and each one of them would have a sign.
But you have one major development and the are asking a rather modest request,
really, the real issue I think is traffic control, to make it a little bit safer. And to
let our out of town guests have a better time of getting in.
Andrews: What is the actual square footage again of the sign?
Bishop: The signs themselves?
Andrews: Yes.
Bishop: The two signs on College are 20x7 feet each, 140. And then the one on Joyce and
Mall Lane is 14x4.8 feet or 66.5 feet.
Skiles: The actual surface area is slightly less than that because it makes it's connection
into a box or border. October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.9
Board of Adjustment Minutes
May 1, 2000
Page 29
Conklin: Did you say what the size of the sign was at Mall Avenue?
Skiles: 14 feet by four feet 8 inches or 66.5 feet.
Perkins: Mr. Rakes you mentioned that sign C would need Planning approval?
Rakes: Because it is being placed on public property.
Perkins: And that is actually beyond the scope of this Board.
Rakes: Apparently it takes both approving before they can have it.
Orton: Actually that is off site?
Rakes: It is off site. I don't know how the mall wound up with the maintenance of that
strip. I guess somehow or other they maintain the strip, so they are not going to
quit. I think it's in their favor that they do continue to maintain it.
Orton: Is that a better site than putting it up on the mall property?
Bishop: If you think about the median,just a block up at Georgetown is where our
property begins. But we get much more visibility by having it on Joyce. I think
the sign would get lost if it was a block up. And Jim was talking about traffic
flow, I don't think people would be able to see it from Joyce if it were sitting
back.
Orton: Not up the hill, I know I enter that way too. The sign that tells you to go one way
to Penny's and the other way to Dillards.
Bishop: Right,that's the directional sign.
Andrews: What is the area you are planning on putting that sign?
Bishop: Where the one way sign is in that area.
Andrews: Right here?
Bishop: Yes. That would have to be reworked. In fact, there is a water meter there that
we would have to move that we use to maintain the landscape. We figured on the
cost of doing that.
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.10
Board of Adjustment Minutes
May 1,2000
Page 30
Andrews: You will be removing this tree?
Bishop: We haven't talked about all of that yet. We are just taking it a step at a time. But
more than likely,the tree would have to be moved.
Andrews: It would be moved and not removed?
Bishop: Oh sure. We planted it. We don't want to do anything to destroy it.
Conklin: Traffic Superintendent will need to take a look at that,too, with regard to
visibility.
Hanna: That would be my only concerns would be visibility.
Conklin: We do have a fast food restaurant coming to us on that comer, across from
Service Merchandise,the northeast comer.
Hanna: Northeast comer of the mall?
Conklin: No, on Joyce.
Rakes: One thing that makes this more appealing to us was how they were low threshold,
the monument signs. We are seeing more monument signs so, rather than the pole
signs that we saw for so many years without any regard for monument signs, and
they are planning on using monument signs out there. The only thing wrong with
location of C is that, it's within the size limits and they are allowed at two
different locations as long as it's not visible from another, so I really don't see
much of a variance for C. And there is not any sign that's going to be permitted
that's going to block visibility. That is one of the things we check. We don't
check the trees but we do check the signs.
Green: That's another group that checks treesi
Perkins: Okay, Any further discussion?
Orton: Where is the present sign on this map?
Perkins: The Luby's sign?
Orton: Yes, Luby's sign.
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.11
Board of Adjustment Minutes
May 1, 2000
Page 31
J. Bishop: Off of the southeast comer of the newest Dillards in front.
Orton: And is D a monument?
Skiles: D is a small directional sign, monument nestled in the flowers and shrubs, one
sided.
Orton: So actually, directional,monument,monument and this is free standing?
Skiles: All of the monuments are free standing.
Andrews: I guess my only concern would be the size of the A and B signs. Being 140
square feet, is there any contiDency for making those signs, even though they are
beautifully designed,I think they are good looking signs, any contingency for
making them smaller?
Skiles: I think in working with the architects and the fabricators it was felt the letter size
to create the Northwest Arkansas Mall and the scale and manner of the location
that they are placed that, that was the appropriate size for what we were trying to
accomplish.
Perkins: What is the area ofjust the wording?
Hanna: Three foot five inches.
Perkins: Okay, 3.5 and then how long?
Hanna: Eighteen
Perkins: Eighteen.
Bishop: Yes, 18 x 3 is the actual Northwest Arkansas Mall lettering. There is the
architectural embellishment. It's a long, challenging name too.
Perkins: You can't leave it too small or it won't do what it's intended to do.
Skiles: The embellishment around the letters matches the directional signs that is
currently on the property.
Perkins: Any finiher discussion?
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.12
Board of Adjustment Minutes
May 1, 2000
Page 32
MOTION:
Green: Mr. Chairman, I move that we approve the variance.
Hanna: I second.
Perkins: We have a motion to approve and a second. Any further discussion? Call the roll
please. Wait, did you have another question?
Orton: These are Northwest Arkansas Mail, that this is only 4 feet three inches tall?
Sues: Tbat's the one on Joyce, Mall Avenue
Conklin: Double faced
Orton: Okay. And each of the others, they all say the same thing but different sizes?
Bishop: Yes.
J. Bishop: They have one that is actually dual faced and the other two are single.
Orton: This food court, is this something you're adding?
Bishop: That is D the directional sign. It will not be on the main street. It will not be seen
from the streets.
Perkins: We do have a motion and a second. Call the roll please.
ROLL CALL:
Upon roll call the appeal passes 5-0-0
Meeting adjourned at 5:05 p.m.
October 6,2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.13
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St.
Fayetteville,AR 72701
Telephone: (479)575-8270
Fax: (479)575-8202
PLANNING DIVISION CORRESPONDENCE
September 2, 2003
Jeff Bishop
Macerich Fayetteville Limited Partnership
4201 N Shiloh Dr.
Fayetteville, AR 72703
Re: Sign Application Rejection
Dear Mr. Bishop,
Thank you for your application for the additional Freestanding Monument sign at the Northwest
Arkansas Mall. We are unable to process this application due to the amount of existing
freestanding signs on the property. The current ordinance allows for one freestanding sign on a
lot, at a shopping center, or at a mall. This request for an additional freestanding monument sign
would exceed the allowed amount for this location. An option you have is to request a variance
from the Board of Sign Appeal.
If you have any questions or want to request for an application to the Board of Sign Appeal
please feel free to call Kris Bunten at 575-8264.
Sincerely,
Kris Bunten
Planning Technician
RF r)
SEP
DIV.
PLAN't aV-oA
K LUISBUNTEMCORRESPONDENCEUEFF BISHOP NMdfdbW949,C2003
Board of Sign Appeals
BSA 03-11.00(NWA Mall)
Page 1.14
AALMacerich Company
"We Make Good Things Happen"
The Macerich Company, owners of the Northwest Arkansas Mall,
propose a monument sign on the southwest side of JCPenney parking lot
facing the Steele Blvd. tie in to the mall property. Please refer to attached
documents giving sign dimensions and a color mock up of the sign in its
proposed location.
1EC F--IV ED
SEP 116 7003
FLk!-,4i\flNG DIV.
Northwest Arkansas Mall October 6,2003
Board of Sign Appeals
Management Office 4201 North Shiloh Drive - Fayetteville, Arkansas 72WA-W-il.00(NWA Mall)
Telephone 479.521.6152 Facsimile 479.521.0306 Page 1.15
www.NorthwestArkansasMall.com www.macerich.com - NYSE: MAC
,A-IL Macerich Conipany
"We Make Good Things Happen"
September 4, 2003
City of Fayetteville
Board of Adjustment&
Board of Sign Appeals
Chairman, Michael Green
Dear Mr. Green:
The Macerich Company, owner of Northwest Arkansas Mall strives to
aggressively and proactively market the property for the benefit of the 100+merchants
who are open for business at the mall. The fact that these 100+ merchants all operate
from one enclosed building illustrates the special condition that exists when compared to
other buildings in the same district.
The provisions of the cur-rent ordinance do not allow for additional signs as
development on property adjacent to the mall is completed, thereby depriving the owner
of the benefit of a sign at a new roadway entrance where customer traffic enters the mall
property.
The connection of the CNIN Business Park H to the Southwest portion of the
JCPenney parking field was completed in 2001, and it is from this connection that the
need for an additional sign has arisen.
It is the position of the Macerich Company that the variance request is consistent
with what any owner of a like business enterprise would request given the same set of
circumstances.
Sinc
Jeff shoip
Operations Manager
RECEIVED
SEP 16 2003
P L.,A V
Wv�,;, L)I
Northwest Arkansas Mall October 6,2003
Board of Sign Appeals
Management Office 4201 North Shiloh Drive - Fayetteville, Arkansas 72&XW-h.00(NWA Mall)
Telephone 479.521.6152 Facsimile 479.521.0306 Page 1.16
www.NorthwestArkansasMall.com www.macerich.com - NYSE: MAC
7.;e�z�
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. ................... .................
ane Place
Lowell, AR 72745
Sign INC. 9) 770-6004
'(4'7"
Northwest Arkansas Mall
Fayetteville, AR
7-20-2003
Attn:-Jeff Bishop
-Monument sign area
he sign's width is 54.6 inches and the length is 14 ft. 0.3 inches. The actual area of the
sign is 63.81 square ft. and the overall height is 5 ft. 2.4 inches. If you need any further
information,please let me know.
Regards,
I?orxCobb
D-Sign Inc.
R7_7"71VED
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q Tdober 6,2003
flo Psof Sign Appeals
ar
0$�VO3416WWA Mall)
-Page 1.18
pUkI
OCT-06-00 FRI 07:26 HARRINGTON & ASSOC. PA FAX NO. 7513715 P. 06
EXHIBIT A
SITE PLAN
40-ACRE UNE
20' U.E. PROPERTY
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RECEIVED
SEP 16 2003
PLANNNING DIV.
A-2 October 6.,
Board of Sign A[
BSA 03-11.00(NWA
pag"
NOR,
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October 6,
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page
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Sign Appeals
FROM: Kris Bunten, Planning Technician
THRU: Dawn Warrick, AICP, Zoning and Development Administrator
DATE: October 2, 2003
SNA 03-12.00: Sign Variance(Jones Motor Cars,pp.213)was submitted byMandyBunch of EB
Landworks, Inc. on behalf of Mike Jones for the property located at 3547 N. College Ave. The
property is zoned C-2, Thoroughfare Commercial. The request is for an additional freestanding
monument sign for the Jones Mercedes dealership. Staff assigned: Kris Bunten
RECOMMENDATION: Approval with the following conditions:
CONDITIONS:
1. Existing Mercedes-Benz wall sign shall be removed prior to issuance of the sign
permit.
2. Upon approval of this request the said monument sign must meet the regulations for
the design overlay district. The sign shall not exceed 75 sq. ft. of display surface
area or exceed the 61 height limit.
3. The requested monument sign shall be setback 10' from the master street plan right
of way.
4. The requested sign shall match elevations and materials submitted to the Board of
Sign Appeals.
5. The variance shall only apply to the proposed (Mercedes Benz) dealership on the
subject property. Should the use of this site change in the future only on
freestanding sign shall be permitted.
6. The Board of Sign Appeals consideration of an extended approval period to allow
for the installation of the proposed sign with construction of the Large Scale
Development for the Mercedes Benz dealership. The Large Scale Development
granted by the Planning Commission is valid for one calendar year. Any approved
sign appeal shall coincide with the dates for the Large Scale Development.
October 6,2003
Board of Sign Appeals
BSA 03-12.00(Jones)
Page 2.1
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 Description: The subject property is located at 3535 N. College Avenue, located in the
Design Overlay District, zoned C-2, Thoroughfare Commercial and contains approximately 6.57
acres.
Proposal: The proposal is to construct a new Mercedez Benz dealership and a collision center
north of the existing Jones Motor Cars development.
Request: The applicant is requesting to install an additional free standing monument sign on the
subject property. A pylon sign exists on the site and is proposed to remain.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
I ill Lynch,Proctor&Gamble C-2,Thoroughfare Commercial
L oug� Jone MotorCars,Lewis Ford C-2,Thoroughfare Commercial
East Webster University,Commercial C-2,Thoroughfare Commercial
West Vacant C-2,Thoroughfare Commercial
GENERAL PLAN DESIGNATION: Thoroughfare Commercial
FINDINGS:
156.05 SIGN REGULATIONS.
Consideration by the Board of Sign Appeals. Certain variances of the Sign regulations
may be applied for as follows:
A.General. The Board of Sign Appeals shall consider requests for variances from the literal
provisions of the Sip regulations for the creation of a new sign in instances where strict enforcement
of the Sign regulations would cause practical difficulties due to circumstances unique to the
individual sign under consideration, and granting such variance only when it is demonstrated that
such action will be in keeping with the spirit and intent of the Sign regulations.
FINDING: The subject property is located on two separate lots of record and could be
considered two separate businesses with two separate signs permitted. October 6,2003
Board of Sign Appeals
BSA 03-12.00(Jones)
Page 2.2
1. Prohibited. The Board shall not permit as a variance any sign the erection of
which or the continuance of which is prohibited by Chapter 174.
FINDING: N/A
2. Strict Enforcement Un-reasonable. The Board may grant a variance from the
provisions of Chapter 174 where strict enforcement would be unreasonable.
FINDING: Strict enforcement of Chapter 174 Signs,in this case,would be unreasonable and
could possibly cause an undue hardship to the owner of this property by not allowing the
Mercedes Benz dealership to exist separately and independently from the Jones Motor Cars
dealership currently on the site.
3. Unique circumstances. To hear requests for variances from the literal provisions
of Chapter 174 for the erection of a new sign in instances where strict enforcement would cause
practical difficulties due to circumstances unique to the individual sign under consideration, and
grant such variance only when it is demonstrated that such action will be in keeping with the spirit
and intent of Chapter 174.
FINDING: Current development spans the subject property which is recognized as two
separate tax parcels. A lot line adjustment could allow the realignment of these two parcels so
that two separate businesses could be owned separately in the'future should the property
owner seek that type of arrangement.
a.The Board shall not permit as a variance any sign the erection of which or
the continuance of which is prohibited by§§ 174.05, 174.07, 174.08 A.,B.,C.,D., E.,E, G., and L,
174.09,and 174.03 R. The Board may grant a variance from the provisions of§174.06 A.,B.,and D.
where strict enforcement would be unreasonable.
FINDING: Strict Enforcement would not allow each individual business on the subject
property to advertise on a freestanding sign due to restrictions imposed by the various vehicle
brands offered for sale in this location.
b.The Board may impose reasonable conditions in the granting of a variance
to ensure compliance and to protect adj acent property. A violation of such conditions shall constitute
a violation. Cross Reference: Enforcement, Chapter 153.
FINDING: Recommended conditions are stated on page one of this report.
c. In exercising the above mentioned powers, the Board may reverse or
affimr,wholly or partly, or may modify the order,requirement,decision,or determination appealed
from, and may make such order,requirement, decision, or interpretation as ought to be made.
d. A concurring vote of a majority of the members present shall be necessary
to reverse any order, requirement, decision or determination of the Zoning & Development
October 6,2003
Board of Sign Appeals
BSA 03-12.00(Jones)
Page 2.3
Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass
or to effect any variation in Chapter 174.
c. Any variance granted by the Board of Sign Appeals shall automatically be
revoked if the applicant does not comply with the terms of the variance within 30 days from the
granting thereof, and,the applicant shall be required to comply with the literal provisions of Chapter
174.
FINDING: Staff recommends that the approval period be extended to the same time
period (one calendar year) as the Large Scale Development approved by the Planning
Commission on September 8,2003.
October 6,2003
Board of Sign Appeals
BSA 03-12.00(Jones)
Page 2.4