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HomeMy WebLinkAbout2010-09-27 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting September 27, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on September 27, 2010 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items: Consent: 1. Approval of the minutes from the Monday, September 13, 2010 meeting. 2. ADM 10-3666: Administrative Item (MARKHAM HILL COTTAGE COURTS PZD EXTENSION, 520): Submitted by HOMESTEAD HOMES, LLC for property located at the NORTHWEST CORNER OF CROSS AND MAINE STREETS. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 09-3237 and contains approximately 2.98 acres. The request is for an extension of the approval for R-PZD 09-3237 Markham Hill Cottage Courts. Planner: Andrew Garner Old Business: 3. ADM 10-3637: Administrative Item (UDC Amendment Chapter 174): Submitted by City Planning Staff. The proposal is to amend Chapter 174, Signs, to include signage designations for recently adopted zoning districts and to modify the current signage regulations. Planner: Dara Sanders 4. RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Submitted by BLEW & ASSOCIATES, INC. for property located at 101 EAST ALICE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE, and contains approximately 0.74 acre. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Planner: Dara Sanders THIS ITEM IS REQUIRED TO BE TABLED BECAUSE OF A FAILURE TO MEET NOTIFICATION REQUIREMENTS. New Business: 5. ADM 10-3667: Administrative Item (MAE FARM, 096): The request is for a modification to condition of approval No. 1 for Administrative Item, ADM 10-3584, regarding landscaping. Planner: Andrew Garner 6. PPL 10-3629: Preliminary Plat (THE VILLAS AT FOREST HILLS, 440): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at LOT 7 FOREST HILLS PZD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, and contains approximately 20.86 acres. The request is for a subdivision with 77 single-family lots. Planner: Jesse Fulcher 7. ADM 10-3672: Administrative Item (FOREST HILLS PZD MODIFICATION NO. 1, 440): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located within the Forest Hills Planned Zoning District. The request is to amend the rear setbacks for Phase IV, The Villas at Forest Hills from 25 feet to 20 feet. Planner: Jesse Fulcher 8. ADM 09-3480: Administrative Item (STREAMSIDE PROTECTION ORDINANCE): Submitted by the CITY OF FAYETTEVILLE STRATEGIC PLANNING AND INTERNAL CONSULTING DEPARTMENT. The request is to amend the Unified Development Code to adopt a Streamside Protection Ordinance with an associated map and a Best Management Practices Manual. This item is being presented for informational purposes only at this time. Planner: Jesse Fulcher The following items have been approved administratively by City staff LSP 10-3659: Lot Split (CROSS KEYS DEVELOPMENT III, 477): Submitted by JUSTIN JORGENSEN for property located at 4539 W PERSIMMON STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 14.24 acres. The request is to divide the subject property into three tracts of 5.72, 4.91, and 3.61 acres. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. aye eylle / THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 27, 2010 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 21, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 10-3666: Administrative Item (MARKHAM HILL COTTAGE COURTS PZD EXTENSION, 520): Submitted by HOMESTEAD HOMES, LLC for property located at the NORTHWEST CORNER OF CROSS AND MAINE STREETS. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 09-3237 and contains approximately 2.98 acres. The request is for an extension of the approval for R-PZD 09-3237 Markham Hill Cottage Courts. Planner: Andrew Gamer BACKGROUND Property: The subject property is located at the northwest corner of Cross and Maine Streets on the south side of Markham Hill and contains approximately 2.98 acres. The property is undeveloped wooded hillside. Surrounding Land Use and Zoning: Direction Land Use Zoning North Undeveloped wooded hillside RSF-4 South Single- and two- family residences RMF -24 East Bedford Apartments RMF -24 West Meadow Brook Apartments RMF -24 Background: On July 21, 2009 the City Council approved R-PZD 09-3237 (Markham Hill Cottage Courts) for a residential neighborhood with 44 dwelling units (18 single family, 13 two-family). The approved R-PZD proposes 31 small cottages generally clustered around shared motor courts as opposed to individual curb cuts typically seen in a single family subdivision. All of the cottages would have the appearance of a detached single-family residence; however, 13 of the cottages have a small apartment in the basement making those units two-family. Proposal: The applicant requests a one-year extension for the approval of the R-PZD to expire on July 21, 2011. The applicant indicated that the reason for the extension is due to questions in the real estate market. The Planning Division received the applicant's extension request on September 7, 2010, within the required 18 month time limit. Should this extension be granted, construction permits for all infrastructure within the development must be obtained before the one-year extended deadline. RECOMMENDATION Staff recommends approval of ADM 10-3666, the requested extension to R-PZD 09-3237 G:\ETC\Development Services Review\2010\Development Review\10-3666 ADM Markham Hills Coys2R, pa03 Planning Commission\09-27-10\Comments and Redlines Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 1 of 16 (Markham Hill Cottage Courts), with the following conditions: 1. The applicant shall be allowed until July 21, 2011 to obtain all construction permits for the Amberwood preliminary plat. 2. All other conditions of approval R-PZD 09-3237 (Markham Hill Cottage Courts) shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(B)(3) gives the Planning Commission authority to extend approval of a planned zoning district one additional year within 18 months of the original approval. In order to extend this approval, the applicant must: (1) request the extension prior to the 18 month time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the extension request to the Planning Division on September 7, 2010 prior to the 18 month time limit ending on January 21, 2011. (2) The applicant has stated that the slow real estate market has delayed this project and additional time is needed before beginning construction. PLANNING COMMISSION ACTION: ❑ Approved Motion: Second: Vote: Meeting Date: September 27, 2010 ❑ Denied ❑ Tabled The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date G:\ETC\Development Services Review \2010\Development Review\10-3666 ADM Markham Hills Cotls,-$$1803 Planning Commission \09-27-10\Comments and Redlines Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 2 of 16 September 7, 2010 Via Email: agarner@ci.fayetteville.ar.us Mr. Andrew Garner Senior Planner City of Fayetteville 125 West Mountain Street Fayetteville, AR 72701 RE: Markham Hills Cottage Court R-PZD 09-3237 Mr. Garner, I am writing to request an extension of the approved R-PZD 093237, Markham Hills Cottage Courts. The permits were not obtained within the required time frame due to questions regarding the real estate market. We have recently obtained financing to go forward with this project and look forward to starting as soon as possible. Our plans are to have inventory for the Fail semester 2011. Thank you for your consideration on this matter. Best regards, IL Phillips Managing Partner, Homestead Homes, LLC Cc Via Email Brian Teague brian@communitybydesignlIc.com 1370 Old Missouri Road, Springdale, AR 72764 479-927-9925 (office) * 479-717-2916 (fax) September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 3 of 16 Ta�rY(T teville / ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS (Piaing Commission Meeting June 22, 2009 125 W. Mountain SL Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: June 16, 2009 Updated June 24, 2009 R-PZD 09-3237: Planned Zoning District (MARKHAM HILL COTTAGE COURTS, 520): Submitted by ROBERT SHARP for property located at THE NW CORNER OF CROSS & MAINE WEST TO SANG AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT AND RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE, and contains approximately 2.98 acres. The request is for Zoning, Land Use and Development approval of a Residential Planned Zoning District with 18 single and 13 two- family residences. Planner: Andrew Garner Findings: Property Description and Setting: The subject property consists of approximately 2.98 acres located north of Maine Street and west of Cross Avenue, less than 0.25 -mile west of the University of Arkansas Campus. The site is zoned R-PZD and RMF -24, and has not been previously developed except for two single family homes and associated accessory structures and driveways. The site is located on the south slope of Markham Hill and is largely wooded (65.97% tree canopy) and within the Hillside/Hilltop Overlay District. As depicted in Tnhle 1, the property is surrntinded by a mix of residential uses ranging from undeveloped wooded hillside to the north, multi -family development to the west and east, single - and two- family residential to the south, and Ramay Junior High School approximately one block to the south. Table 1 Surrounding Land Use/Zoning Direction Land Use Zoning North Undeveloped wooded hillside RSF-4 South Single- and two- family residences RMF -24 East Bedford Apartments RMF -24 West Meadow Brook Apartments RMF -24 Background and Proposal: On August 19, 2008 the City Council approved R-PZD 08-2980 Markham Hill Cottage Courts for 18 single family and five two-family cottages (28 units total). Since that time the developer acquired additional property at the northwest corner of Maine K: IReportsl20091PC Reports115-June 221R-PZD 09-3315 (MarkhamHillCottageCourts).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 4 of 16 Street/Cross Street increasing the site from 2.54 to 2.98 acres. The project layout has been modified and the overall number of units increased from 28 to 44. The development concept is similar to the previous project although the overall changes require a new PZD application, which has been submitted under the same project name. The current request is for rezoning and large scale development approval for a Master Development Plan of a Residential Planned Zoning District with 31 detached cottages and amenities included a bocce court and pedestrian paths. This development is proposed under a horizontal property regime similar to a typical condominium ownership where the owner of the cottage does not own the land, but owns the unit. A property owner's association would own and maintain the property and amenities. The proposed zoning criteria allows for a total of 44 single and two-family dwellings with a density of approximately 14.76 units/acre. The small 31 cottages are generally clustered around shared motor courts as opposed to individual curb cuts typically seen in a single family subdivision. All of the cottages would have the appearance of a detached single-family residence; however 13 of the cottages have a small apartment in the basement making those units two-family. This site layout and proposal is not allowed under any standard zoning criteria. One of the purposes for which the Planned Zoning District ordinance was created is to promote and encourage projects that meet the adopted goals and policies of the city, yet do not fit the mold of current development or zoning requirements; and to allow for surrounding property owners to see the project's product with the rezoning request, as opposed to a request for a blanket zoning district with few limitations_ The proposed zoning criteria for this project is provided in the project booklet and on the plats. Please reference this provided material for more information. These documents are binding to the zoning of the property. Access and Connectivity: The main entry into this neighborhood is off of Cross Avenue with a new east -west street (Sutherland Lane) through the site. A secondary point of connectivity is from a new two-way alley that connects the extended Sutherland Lane south to Maine Street. A majority of the residences are accessed through shared motor courts with garages tucked into the hillside under the cottages. Several of the cottages will be provided with parallelparking on the new street or alley. Sutherland Lane will connect to the existing right-of-way for Sang Avenue at the western property line. Sang Avenue will be improved to a 12 -foot alley and shared multi -use trail for a third point of access. The existing right-of-way for Sang Avenue would allow for future street connection to the west. The proposed interior street is narrow with sidewalk on one side to eliminate unnecessary disturbance of tree canopy and the hillside, and for traffic calming. On -street parking is provided on both sides of Sutherland Lane and on one side of the two-way alley. A variance is requested for Sutherland Lane as it does not fit into the approved Master Street Plan cross-sections. Several other variances of the street design standards are requested to allow for a smaller curb return radius at street intersections and driveway entrances, and several other issues related to the steepness of the street. Parking: Parking for the residences are proposed in garages, on -street parallel parking, and a few surface parking spaces in the motor courts and off of the two-way alley as depicted in Table K:1Reports120091PC Reportsli5-June 2218-PZD 09-3315 (MarkhamHillCottageCourts).dac September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 5 of 16 2. Proposed parking is atypical of standard parking lots or garages for single family residences. Several of the garages may require multiple point turns for ingress and egress and the overall parking and access will be very compact. Although not required by ordinance for single and two-family residences, in order to encourage alternative transportation and alleviate some vehicular parking demand, this development proposes some bicycle racks in some landscape areas between parallel parking spaces on the street to encourage a "shared street" design. Phasing: The applicant anticipates construction of streets and infrastructure within one year of PZD approval. Building permits for all cottages and accessory structures shall be obtained within five years from City Council PZD approval. A one-year extension may be permitted, subject to Planning Commission approval. All infrastructure serving each unit must be installed and inspected prior to any occupancy for that respective dwelling unit. Table 2 Street Parking Requirements Use Unit Amount Parking Ratio Parking Spaces Required One /Two -Family Residential 44 2 per unit 88 Baseline Parking Required by Ratio 88 Minimum Number of Parking Spaces Required (30% Under Ratio) 62 Total Number of Spaces Provided 87 Bicycle Racks Provided 3 provided (0 required) Number of Off-street spaces required (18 single family units)* 36 minus 6 bike. racks = 30 Number of Off-street Spaces Provided (garage and surface parking) 34 *Two-family units are permitted to count on -street parking spaces towards required parking. Three bicycle racks count for three required parking spaces in accordance with ordinance. Water & Sewer: Water and sewer lines will be extended to serve the development. Adjacent Master Street Plan Streets: Maine Street, Cross Avenue, and Sang Avenue (local streets). Right-of-way Dedication: Right-of-way shall be dedicated in the following amounts by easement plat prior to building permits: 25 feet from centerline along Maine Street and Cross Avenue; 39 feet for the construction of Sutherland Lane; 20 feet for the construction of the new two-way alley, and street stub -outs to the southern property line to allow for future street connection. Sutherland Lane shall be constructed all the way to the western property line and a street stub -out sign installed. No additional right-of-way dedication is required for Sang Avenue and the new shared alley/multi-use trail. Street Improvements: Maine Street and Cross Avenue shall be improved along the entire property frontage with 14 -feet pavement from centerline to meet Master Street Plan standards for a local street (minimum 20 -foot pavement total, curb and gutter, storm drains, and 5 -foot sidewalks as depicted on the site plan. K:IReports120091PC Reports1/5-June 221R-PZD 09-3315 (MarkhamHlllCottageCourts).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 6 of 16 Multi -Use Trail: A multi -use trail connection (Hotz Park Trail) is identified on the Fayetteville Trails Master Plan utilizing the Sang Avenue right-of-way adjacent to the western border of this site and connecting through this site to Cross Avenue, and ultimately to Hotz Park. This multi- use trail will be built with this development as a 12 -foot wide concrete trail and shared one-way alley, connecting Sutherland Lane to Maine Street. Parks: The Parks and Recreation Advisory Board (PRAB) recommended on March 3, 2008 to accept money in lieu of land. Fees in the amount of $26,120 for 18 single and 13 two-family units will be assessed and are due prior to building permit. Solid Waste Service: Solid waste collection for individual residential carts will be provided in designated collection points. The exact details to be determined prior to issuance of building permit. Tree Preservation: Existing Canopy: Preserved Canopy: Required Canopy: Mitigation: 65.97% 30% 30% Not required. Public Comment: One member of the public commented at the June 11, 2009 Subdivision Committee meeting discussing street connections and traffic. Recommendation: Staff recommends that R-PZD 09-3237 be forwarded to City Council with a recommendation of approval, with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the following street improvements, based on the proportionality of the development's impact. The developer shall be responsible for the following: a. A minimum pavement width of 14 feet from centerline (20 feet total minimum), curb, gutter, storm drain and five-foot sidewalk on Maine Street and Cross Avenue along the project frontage; b. Extension of storm drains off-site as necessary, determined by the City Engineer; c. Widening the curve around Nettleship Street/Cross Avenue as indicated on the plans; d Street lights along Maine, Cross and Nettleship as required by code; and e. Construction of a shared 12 foot multi -use trail and one-way concrete alley in the existing Sang Avenue right-of-way connecting the western edge of the new Sutherland Lane and Maine Street, as indicated on the plans. This shared trail/alley shall be marked with the "sharrow" symbols as coordinated with the City Trails Coordinator at the time of construction. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (06-22-09). 2. Planning Commission determination of a variance of minimum street design standards: K:tReports120091PC Reports115-June 221R-PZD 09-3315 (MarkhamHi lCotugeCouris).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 7 of 16 a. The applicant requests a variance to allow different street cross section than required by the current Master Street Plan standard (UDC § 166.06 (K)(10)(a) and 166.08(C)(14)). The applicant proposes on -street parallel parking on both sides of the street in the Hillside/Hilltop Overlay District, sidewalks on one side of the street, and right-of-way width of 39 feet for Sutherland Lane. The Master Street Plan does not have cross-sections in the design as proposed. Staff recommends approval of the requested street design standards finding they deal with a unique site allowing for reduced grading and pavement and increased tree preservation in the HHOD, and will result in safe ingress/egress into and out of the development. b. A variance of UDC § 171.01 (A) to allow for the proposed Sutherland Lane vertical profile in an attempt to match the natural terrain and minimize grading and tree removal: Street grade of 16.86% for approximately 75 linear feet; crest vertical curve K -value of 7.42; sag vertical curve K -value of 7.78. Staff recommends approval of the requested variances. c. A variance of UDC § 171.02 (C) to permit a 5 -foot curb return radius at the intersection of the new Sutherland Lane and Cross Avenue, when a 30 -foot curb return radius is required. The applicant has submitted a letter request and diagram discussed that they feel their proposal will provide for a safer environment both the pedestrian and the vehicle. City Engineering staff has submitted a memo recommending denial of this variance discussing a recommendation for landscape "bump -outs" with a 20 foot radius to decrease the length of the pedestrian crossing the street while effectively calming traffic. d. A variance of UDC § 171.01(A) that requires a minimum of 100 -foot tangent between horizontal curves. The west end of the proposed Sutherland Lane was unable to meet this requirement due to the narrow width (138 feet) of the property in this location Staff recommends approval of this variance. PLANNING COMMISSION AGREED WITH STAFF'S RECOMMENDATIONS; FINDING IN FAVOR OF ALL VARIANCES EXCEPT FOR THE CURB RETURN VARIANCE AT SUTHERLAND/CROSS, CONDITION 2.C. (06-22-09). 3. Planning Commission determination of a variance of UDC § 172.02(B) to allow for gravel in the motor court areas when pavement or a paving system is required. The applicant proposes to provide a 3 -year bond for paving of this area with asphalt or chip and seal pavement in the case of a failure of the gravel paving surface. The determination of failure of the gravel surface would be at the discretion of the City Engineer, and the developer would be required to pave the motor courts immediately, or the bond would be used to have the motor courts paved. Staff recommends in favor of this variance finding that the design of the motor court areas to drain away from the public right-of-way, combined with the installation of concrete aprons on the driveway approach should prevent gravel from being washed or pulled into the street. Further, the requirement of a bond to allow the City funds to pave the gravel areas provides assurance that if the gravel does not work effectively the City would have an enforcement measure to correct the problem. A cost estimate for the installation of pavement in the motor courts shall be submitted as part of the construction review for the individual motor courts. Payment of K. IReports120091PC Reportsll5-June 22R-PZD 09-3315 (MarkhamHillCottageCourts).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 8 of 16 the bond shall occur immediately prior to issuance of construction permits for the individual motor courts. Homes and drives shall be constructed such that if parking in the motor courts is necessary, the drainage and elevation of structures would function effectively. PLANNING COMMISSION RECOMMENDED IN FAVOR (06-22-09). 4. Planning Commission determination of a variance of UDC § 172.02(D)(3)(iv) to permit an eight -foot (8') curb return radius into. the motor courts when a 15 -foot radius is required. The applicant's variance request discussed that since service vehicles are not required to enter the motor courts the intersections would still function property, and the smaller curb return radius would reduce vehicle speeds creating a safer environment for both vehicles and pedestrians. Staff recommends approval of this proposed variance finding agreement with the applicant's justification with the requirement that signage be installed indicating "No Service Vehicles" in the motor courts. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (06-22-09). 5. Planning Commission determination of the proposed phasing plan. This project is required to obtain all permits in accordance with the Phasing as listed and depicted in the PZD booklet and noted below. Extensions may be approved subject to the criteria in UDC Chapter 166 for extensions. • The applicant shall obtain all construction permits for construction of streets and all other public infrastructure within one year of City Council approval of the PZD. • The applicant shall obtain all building permits for all residential units and accessory structures within five years from City Council approval of the PZD. Staff recommends the following requirements associated with the construction phasing: • To prevent large areas of the site from being disturbed without homes being built, construction permits for the individual motor court/retaining wall areas shall not be permitted prior to application for building permits within those areas to be disturbed. • Prior to issuance rr a party/rata o occupancy jor any residence, construction of the common infrastructure and amenities for that area of the site around the residence including the motor courts, retaining walls, pedestrian paths, drainage, landscaping, etc. shall be required to be completed and inspected. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (06-22-09). 6. The applicant shall dedicate right-of-way as follows by easement plat or separate document prior to building permit: a. 25 feet from centerline along Maine Street and Cross Avenue. b. 39 feet for the construction of Sutherland Lane. c. 20 feet for the construction of the new two-way alley. d. Local street stub -outs to the southern property line to allow for future street K:IReports120091PC Reports115-June 221R-PZD 09-3315 (MarkhamHillCottageCourts).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 9 of 16 connection. e. Adequate right-of-way to construct the improvements at the intersection/curve of Nettleship Street and Cross Avenue. 7. To ensure that the intent of the PZD is met and pedestrian trails are functional and do not result in erosion or safety issues, the pedestrian trails may be constructed of alternative materials rather than a typical concrete or asphalt sidewalk, but the material, such as crushed stone or brick, etc. should be installed with a "stabilizer". All materials and method of construction shall be reviewed and approved by the Trails Coordinator. 8. No parallel parking spaces are allowed within 30 feet of a stop sign (Fayetteville Code of Ordinance Section 72.03(G)). The applicant shall coordinate all striping of streets and parallel spaces with the Transportation Division and Fire Department, as the ultimate administrators of these code sections. 9. Solid Waste Service. All comments regarding solid waste service shall be addressed prior to building permit approval. Residential carts/recycle bins are anticipated to be utilized at common collection points. 10. A sign indicating a future street extension shall be installed at the Sutherland Lane stub - out on the western property line at the time of construction completion of the street, or as determined by Planning staff. 11. Off-site water and sewer, and drainage improvements shall be installed as determined necessary by the Engineering Division to provide domestic service and fire protection to the development, and to ensure the project meets all applicable drainage criteria. 12. Payment of Parks fees in lieu of parkland dedication in the amount of $26,120 for 18 single family and thirteen two-family units shall be paid prior to issuance of a building permit for the first unit in this development. 13. As this development is within the HHOD, grading and drainage permits will be required prior to the issuance of any building permits. 14. Plat revisions. With the revisions submitted for City Council, indicate the location of the proposed recreational areas on the PZD and LSD plats including community gardens and children's play area, and any associated accessory structures, such as a potting shed. As this is a development level project, all of these details and grading/tree preservation impacts need to be shown; otherwise they may not be permitted in the future. 15. The alley along the southern property line must be vacated prior to issuance of a building permit. General 16. The small parks, community gardens, greenspace, footpaths, and other amenities as shown on the PZD and LSD plans shall be included as requirements of the project. These K.' IReports120091PC Reports1/5-June 221R-PZD 09-3315 (MarkhamHillConageCourts).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 10 of 16 amenities shall be constructed prior to issuance of Certificate of Occupancy for the surrounding cottages, to be determined by Planning staff at the time of construction. 17. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. Encroachment of structures or any portion of a structure shall comply with all applicable Building Codes unless otherwise and specifically approved by the City Council at the time of development. 18. Buildings shall be constructed to be consistent with the concepts depicted in the building elevations in the PZD booklet. 19. Prior to building permits, architectural elevations will be required to be submitted for review to ensure consistency with the elevations and renderings presented in the PZD booklet. 20. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code, and shall be subject to signage requirements for residential development. 21. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan Planned Zoning District by the City Council shall also be binding. 22. All development shall meet applicable zoning and development criteria, unless specifically waived or varied by the Planning Commission as part of the PZD approval. Landscape Plan 23. Before construction document approval, the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. 24. Please review the checklist above and address all comments marked with the letter "N". 25. Type of irrigation must be designated, automatic system or hose bibb located every 100ft. The tree well trees have note for automatic irrigation. There is no other reference to irrigation for tree not planted in tree wells. 26. Prior to building permit, a cost estimate for all required landscape is to be submitted to the Urban Forester/Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 27. All street trees planted with this development must have a surety/guarantee to be issued (bond/letter of credit/cash) for a 3 year term at time of certificate of occupancy 28. All street trees must be Large Species trees and selected from Appendix A of the Landscape Manual. Any deviation requires the approval of the Urban Forester. Provide species specification sheets for any species not on the approved list. 29. Note that all landscape trees planted to meet street tree, mitigation tree or landscape code 1CIReports120091PC Reportsll5-June 22lR-PZD 09-3315 (MarkhamHillConageCourts).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 11 of 16 requirements must be single stem, minimum 2" caliber trees. No double of tri -stem trees will be counted towards meeting requirements. Tree Preservation 30. Grading, trenching or other ground disturbance is not allowed within the dripline of any preserved trees. Any tree with its trunk in a drainage easement can not have it canopy counted towards preservation. 31. Any walkways within the Tree Preservation Area shall be on grade including any substrate material. Staff also recommends that walkways within tree preserves be a type of mulch, gravel, permeable pavers, permeable concrete, and segmental concrete paving systems, Flexi-Paver or other previous materials. Any stairs within the Tree Preservation Area shall be of pier and lentil design to reduce slope penetration. 32. Any irrigation planned within the Tree Preservation area would need to be hand trenched in, air spaded in or bored in. 33. Root pruning will be extensively required on this site. Place a note on the Tree Preservation plan stating its requirement. At grading/building permit submit plans that actually detail the root pruning for the Urban Forester's review and approval. Specify that root pruning is to occur before any grade alteration or trenching. 34. Any garden placed under the tree canopy would need to be a shade garden. Additionally this garden would need to be in beds raised above the grade to protect tree roots. 35. The grouping of canopy areas will be placed in to a restrictive Tree Preservation Area on the final plat. 36. In accordance with Section 170.08 of the UDC, either the Developer, Property Owner, or Property Owner Association shall comply with the required maintenance responsibilities for storm water management as set forth under section (B)(5) and (B)(6). Standard Conditions of Approval 37. Technical 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). 38. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. 39. All mechanical and utility equipment located on the wall and/or on the ground shall be screened. All roof -mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting buildings. Mechanical and utility equipment over 30 inches in height shall meet building setbacks. Smaller ground -mounted equipment may be screened with tall grasses or shrubs. Add this note to the site plan and all construction documents. 40. 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 K 1Reports120091PC Reportsll5-Jane 221R-PZD 09-3315 (Markhamwil1CottageCourts).doc September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 12 of 16 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. 41. All overhead utility lines under 12kv shall be relocated underground. All proposed utilities shall be located underground. 42. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 43. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Easement plat that shall include all right-of-way, easements and the tree preservation area. c. Project Disk with all final revisions d. Bonds in _ .the amount of 150% of the construction cost for all public improvements will need to be submitted. e. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 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. Planning Commission Action: ❑ Tabled X Forwarded to P.C. (recommendation for approval) 0 Denied Motion: Winston Second: Zant Vote: 6-0-1 (Trumbo recused) Meeting Tune 22, 2008 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K.9Reports120091PC Repartsl /5 -June 221R-PZD 09-33/5 (MarkhamfllCottageCourts).dac September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 13 of 16 September 27, 2010 Planning Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 14 of 16 ADM 10-3666 Close Up View MARKHAM HILL COTTAGE COURTS SUBJECT PROPERTY MAINE ST 11Footprints 2010 Hillside -Hilltop Ov Design Overlay Di I Design Overlay Di Planning Area Fayetteville rlay District .trict .trict 0 125 250 500 750 1.000 Feet MAINE ST r r1 NEPTUNES e n September 27, 2010 Planning Commission Courts PZD Extension Agenda Item 2 Page 15 of 16 ADM10-3666 MARKHAM HILL COTTAGE COURTS One Mile View 0 PUNLIGu7Q' Overview 1 Legend Subject Property ® ADM10-3666 Boundary 0 0.25 0.5 AD 10-3666 ( ! Desi t _ _ _; Plan n Overlay District ing Area Fay: tteville 1 ®gtember 27, 2010 Plannina Commission ADM 10-3654 Markham Hill Cottage Courts PZD Extension Agenda Item 2 Page 16 of 16 aye le y ARKANS' THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 27, 2010 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: September 17, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 10-3637: Administrative Item (UDC Amendment Chapter 174): Submitted by City Planning Staff. The proposal is to amend Chapter 174, Signs, to include signage designations for recently adopted zoning districts and to modify the current signage regulations. Planner: Dara Sanders HISTORY August 30, 2010 Planning Commission meeting: This item was heard at the August 30th Planning Commission meeting and tabled to the September 27th Planning Commission meeting in order for staff to address several comments made and revisions requested by the Commissioners. These issues and staff's response and proposed revisions are listed in Table 1. le 1: Issues addressed at the August 30, 2010 Planning Commission September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 1 of 24 Commissioner comments Proposed changes (1) Clarify bulletin board illumination Staff has determined that definition of a "bulletin board" only restricts electronic message boards, not illumination of the sign. (2) Clarify the description of the sign size and setback in 174.10 (A) and ((A)(4)(b) Staff has not been able to identify a clearer way to describe the permitted sign area increase. An illustration of this increase (included in this staff report) has been utilized internally to explain this allowance (3) - Cite the zoning districts in the same order under each section Staff has revised the order in which all zoning districts are listed under each section for consistency (4) Allow for a monument sign for cultural uses in residential districts Staff proposes to include a new subsection for "bulletin boards" under freestanding signs for a charitable, educational, or religious institution or public body in the RSF, RT, and NC zoning districts when a conditional use permit is approved by the Planning Commission for said institution or public body. Staff finds that this may be an appropriate resolution to the issue of allowing visible signage for an institutional use that is determined by the Planning Commission to be compatible in a residential district. (5) Modify the sign designation description for Planned Zoning Districts A Planned Zoning District (PZD) is required to utilize the existing use units listed in Chapter 162, Use Units, and a wide range of zoning districts now exist in the Unified Development Code to which a proposed PZD may be compared; therefore, staff has modified the previously proposed language to state that signage within a PZD may not exceed the requirements listed for the September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 1 of 24 Additionally, staff met internally and with the City Attorney to discuss and address the issues identified during the Planning Commission meeting, as well as concems identified by the City Attorney. During our internal meetings, staff and the City Attorney recognized additional ways to improve the changes to Chapter 174, Signs (these revisions are included in Table 2). Staff has rearranged the order in which the freestanding signs are included in Chapter 174.10 so that they are listed in a more logical order with the pole sign and monument sign regulations listed first. Staff also proposes to relocate the signage limitation included in Chapter 164.21, the Supplementary District Regulations for Limited Business. This limitation was included originally to permit one (1) small wall sign on a property that has received Planning Commission approval of a conditional use permit to operate a commercial business or office in a residential zoning district. While it permitted a wall sign in the RSF, RT, and NC zoning districts for uses classified under Use Unit 12, this section also further restricted the signage for said uses further than that currently permitted in the RMF districts. For example, an institutional or office use may be permitted by conditional use permit in an RMF zoning district and install a 16 monument and/or wall sign of up to 16 square feet, but a cultural, commercial, or office use may be permitted in an RMF zoning district and is restricted to one (1) wall sign no more than eight (8) square feet. BACKGROUND Fayetteville Unified Development Code (UDC) Chapter 174, Signs, was adopted in 1972 to regulate the erection, construction, repair, alteration, location and maintenance of signs with the intent to promote the reasonable, orderly, and effective display of signs and to preserve the natural beauty of Fayetteville. At the time of their adoption of the sign ordinance, the Board of Directors found that the uncontrolled proliferation of signs was hazardous to the users of the streets and highways within the Fayetteville city limits and was detrimental to the preservation of Fayetteville's scenic resources. The type, size and number of signs allowed in the City of Fayetteville are determined by the zoning classification of the property. Therefore, all zoning districts must be referenced in Chapter 174 Signs. Currently, Downtown Core (DC), Main Street Center (MSC), Downtown General (DG), Neighborhood Conservation (NC), Neighborhood Services (NS), Community Services (CS), and Urban Thoroughfare (UT) zoning districts are not referenced in Chapter 174, Signs, and other zoning districts are not consistently referenced. Staff has been able to permit signs in the first three downtown zoning districts, and could permit signs in the CS and UT zoning districts, since they are essentially intended to be commercial zoning classifications. However, Neighborhood Conservation, specifically, is considered a single-family zoning district, where signs are generally prohibited. But unlike a conventional single-family zoning district, the Planning Commission can allow professional office uses within the Neighborhood Conservation zoning district by conditional use permit, though staff cannot permit signage for the approved use. Additionally, the recently approved Neighborhood Services, a low -intensity mixed- use, zoning district is primarily residential with limited nonresidential uses permitted by -right. Staff finds that specific signage allowances and limitations should be in place to protect and ensure September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 2 of 24 comparable established zoning district(s). Each planning area will be required during the PZD process to ensure consistency with the most comparable zoning district's signage allowance. (6) Create a chart indicating the allowed signage in each district Staff has provided a one-page chart listing the signage type, setback, number, and area by zoning district, which is included in this staff report. Additionally, staff met internally and with the City Attorney to discuss and address the issues identified during the Planning Commission meeting, as well as concems identified by the City Attorney. During our internal meetings, staff and the City Attorney recognized additional ways to improve the changes to Chapter 174, Signs (these revisions are included in Table 2). Staff has rearranged the order in which the freestanding signs are included in Chapter 174.10 so that they are listed in a more logical order with the pole sign and monument sign regulations listed first. Staff also proposes to relocate the signage limitation included in Chapter 164.21, the Supplementary District Regulations for Limited Business. This limitation was included originally to permit one (1) small wall sign on a property that has received Planning Commission approval of a conditional use permit to operate a commercial business or office in a residential zoning district. While it permitted a wall sign in the RSF, RT, and NC zoning districts for uses classified under Use Unit 12, this section also further restricted the signage for said uses further than that currently permitted in the RMF districts. For example, an institutional or office use may be permitted by conditional use permit in an RMF zoning district and install a 16 monument and/or wall sign of up to 16 square feet, but a cultural, commercial, or office use may be permitted in an RMF zoning district and is restricted to one (1) wall sign no more than eight (8) square feet. BACKGROUND Fayetteville Unified Development Code (UDC) Chapter 174, Signs, was adopted in 1972 to regulate the erection, construction, repair, alteration, location and maintenance of signs with the intent to promote the reasonable, orderly, and effective display of signs and to preserve the natural beauty of Fayetteville. At the time of their adoption of the sign ordinance, the Board of Directors found that the uncontrolled proliferation of signs was hazardous to the users of the streets and highways within the Fayetteville city limits and was detrimental to the preservation of Fayetteville's scenic resources. The type, size and number of signs allowed in the City of Fayetteville are determined by the zoning classification of the property. Therefore, all zoning districts must be referenced in Chapter 174 Signs. Currently, Downtown Core (DC), Main Street Center (MSC), Downtown General (DG), Neighborhood Conservation (NC), Neighborhood Services (NS), Community Services (CS), and Urban Thoroughfare (UT) zoning districts are not referenced in Chapter 174, Signs, and other zoning districts are not consistently referenced. Staff has been able to permit signs in the first three downtown zoning districts, and could permit signs in the CS and UT zoning districts, since they are essentially intended to be commercial zoning classifications. However, Neighborhood Conservation, specifically, is considered a single-family zoning district, where signs are generally prohibited. But unlike a conventional single-family zoning district, the Planning Commission can allow professional office uses within the Neighborhood Conservation zoning district by conditional use permit, though staff cannot permit signage for the approved use. Additionally, the recently approved Neighborhood Services, a low -intensity mixed- use, zoning district is primarily residential with limited nonresidential uses permitted by -right. Staff finds that specific signage allowances and limitations should be in place to protect and ensure September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 2 of 24 compatibility with the surrounding uses, both residential and nonresidential. The Planning Commission has the authority to approve conditional use applications for nonresidential uses (Use Unit 4, Cultural and recreational facilities) in all residential zoning districts. A GIS query performed on April 23, 2010 indicated that approximately 10,207 acres inside the Fayetteville city limits are zoned Residential Single -Family (RSF) or Residential Two- and Three - Family (RT). It is staffs opinion that the ability to approve nonresidential uses by conditional use permit in the RSF and RT zoning districts is an important tool to achieve the goals and objectives of City Plan 2025 by creating neighborhoods that incorporate low -intensity, nonresidential uses. By approving these uses by conditional use permit, the underlying residential zoning remains intact for future residential uses on the property, and the Planning Commission is able to require specific conditions that are intended to increase compatibility with the surrounding residential properties. Some of these low -intensity uses permitted in residential zoning districts by conditional use include neighborhood cafes, dentists/doctors offices, community centers, child care facilities, eldercare facilities, and other recreational opportunities. Please refer to the complete lists for Use Units 4, 12, and 25 included in this staff report. However, a common issue that staff and property owners have encountered in the process of conditional use approval for nonresidential uses in the NC, RSF, and RT zoning districts is the prohibition of signage. A property owner may be permitted by the Planning Commission to operate a business on his/her property, but he/she does not have the right to advertise the approved business by the regulations in Chapter 174. The typical response is to submit a rezoning request to the Planning Commission for the purpose of signage. In some situations, staff found that the rezoning requests were warranted and compatible with the surrounding land uses and consistent with the underlying Future Land Use designation; however, staff has recommended denial of some applications, finding that the requests were not consistent with land use planning objectives, principles, and policies and the Future Land Use Plan. As a result, the Planning Commission recently directed staff to consider with this sign ordinance amendment a proposal that would include signage in the RSF zoning districts for nonresidential uses that are approved by conditional use. Signage allowance for nonresidential uses in residential zoning districts approved by conditional use permit was considered by staff while drafting and proposing the adoption of Use Unit 12, Limited Business, and staff included a section in the Supplementary District Regulations of Chapter 164.21, Limited Business, that permits one (1) wall sign with a maximum area of eight square feet for a conditional use permit for Use Unit 12 in any zoning district. Staff believes that a limited wall sign could be appropriate for all other nonresidential conditional use permits that are approved in RSF and RT zoning districts and has included a similar allowance in this proposal. Staff finds that this proposal is consistent with the planning objectives, principles, and policies of City Plan 2025 and with the intent of the sign ordinance to promote the reasonable, orderly, and effective display of signs and to preserve the natural beauty of Fayetteville Finally, staff finds that the organization of the permitted signs and the size allowance for specific zoning districts could be improved. Through several years of administering the regulations in the sign ordinance, staff and the public have experienced difficulty in reading and interpreting the organization and readability of the sign chapter. Staff finds that simply restructuring or formatting the existing regulations within the subsections of Chapter 174 could increase the readability and public understanding of the signage allowances and restrictions within each zoning district. September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 3 of 24 Staff also finds that a slight increase in the permitted display area for John Identification signs in the R -O, Residential Office is warranted at this time. In the past, the R -O zoning district has been utilized as a "transitional" zoning district between commercial districts and residential districts, primarily due to the lack of size restriction for retail uses within commercial districts and the absence of a lower intensity zoning district, and could have warranted smaller signage in order to minimize potential impact on adjacent residential properties; however, the R -O zoning district is also absent of size restrictions for office uses and could permit large office buildings and office parks. With the recent adoption of the NS, Neighborhood Services zoning district, a low -intensity mixed use district, which can be utilized as a buffer or transition between districts, leaving the R -O district to serve as an unlimited professional office zoning district with larger signage allowance. PROPOSAL Staff proposes several formatting and content changes to Chapter 174, Signs, to include recently adopted zoning districts, to increase visibility of signage in select zoning districts, and to allow for limited wall signage for businesses approved by conditional use permit in the RSF and RT zoning districts. These changes are summarized below in Table 2. Table 2: Proposed changes to Chapters 151, 164, and 174 September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 4 of 24 UDC Chapter Proposed Changes (1) Chapter 151, Definitions • Inserted a definition for pole sign. Currently, pole signs are referred to as "freestanding", although joint identification, area, and monument signs are also "freestanding". Staff proposes to clarify this reference (2) Chapter 164.21, Limited Business • Strike the signage requirements that are proposed to be included in Chapter 174, Signs Chapter 174.10, On -Site Freestanding Signs • Inserted "Pole Sign" regulations; • Removed "Neighborhood Commercial Districts" from prohibited pole signs, as the C-1, Neighborhood Commercial, zoning district is permitted to have signage as a "C" district. • Reorganized the order in which the freestanding signs are listed • Consolidated and reformatted the pole sign requirements for R -O, P- 1, and RMF for clarity, and inserted the NC, Neighborhood Conservation, and NS, Neighborhood Services, zoning districts; • Reformatted the C and I district pole sign requirements and insert DC (Downtown Core), MSC (Main Street/Center), DG (Downtown General). CS (Community Services), and UT (Urban Thoroughfare); • Reformatted the structure for joint identification signs; • Clarified that joint identification sign prohibition in "R districts" refers to the RSF, RMF, RT, and R -A zoning districts; • Prohibited joint identification signs in the NC, NS, and P districts; • Inserted DC, MSC, DG, CS, and UT in the C and I district classification for joint identification signs; • Removed an unnecessary size limitation for commercial freestanding signs; • Reformatted the structure for area signs; • Clarified the area signage requirements for the R -A, RSF, RT, RMF, P, and R -O districts and added NS and NC to the list of districts; • Included DC, MSC, DG, CS, and UT to the area signage requirements for C and I Districts; • Reformatted the structure for monument signs; • Inserted a monument sign allowance of up to 10 square feet for nonresidential uses approved in the NC zoning district; • Inserted NS with the RMF monument sign allowance for up to 16 square feet; • Increased the monument si.n allowance to 50 s•uare feet for the R -O September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 4 of 24 The ordinance amendments are highlighted and attached to the staff report. Content changes are identified in red font. RECOMMENDATION Staff recommends forwarding ADM 10-3637 to the City Council with a recommendation for approval. Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Motion: Second: V) -t-- v V r e: Meeting Date: September 27, 2010 Comments: September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 5 of 24 zoning district; • Inserted the DC, MSC, DG, CS, and UT zoning districts with the monument sign regulations for C and I districts; and • Revised the monument sign setback requirements. • Included a subsection to allow "bulletin boards" in the RSF, RT, and NC districts for institutional uses or public body approved by conditional use. (3) Chapter 174.11, Projecting Signs • Clarified that projecting signs require 8 feet clearance above grade when over a sidewalk; and • Removed the prohibition of projecting signs in the R -O and NC districts. (4) Chapter 174.12, Wall Signs • Reformatted the structure for wall signs; • Inserted one (1) wall sign allowance of eight (8) square feet for nonresidential uses approved in the NC, RSF, and RT zoning districts, except for a home occupation in an RSF district; • Inserted the NS, P-1, and R -A zoning districts with the R -O district wall sign regulations and increased the area of the display surface to 50 square feet where the wall adjoins a nonresidential land use or street; and • Inserted the DC, MSC, DG, CS, and UT zoning districts with the C and I districts wall sign regulations. (5) Chapter 174.13, Planned Zoning Districts • Inserted a statement that the signage criteria for PZDs shall be assigned at the time of the rezoning reflect to meet the criteria in the established sign chaster. The ordinance amendments are highlighted and attached to the staff report. Content changes are identified in red font. RECOMMENDATION Staff recommends forwarding ADM 10-3637 to the City Council with a recommendation for approval. Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Motion: Second: V) -t-- v V r e: Meeting Date: September 27, 2010 Comments: September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 5 of 24 September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 6 of 24 CONTENT CHANGES ARE HIGHLIGHTED IN RED FONT. FORMATTING CHANGES ARE HIGHLIGHTED IN BLACK FONT. CHAPTER 151: 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, manufactured 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 structure as approved by the zoning and development administrator. Bulletin board. (Signs) Any sign erected by a charitable, educational or religious institution or public body, which is erected upon the same property as said institution, for purposes of announcing events which are held on the premises. Display surface area. (Signs) The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delineations; provided, however, "display surface area" shall not include the structural supports for free standing signs; provided further, that only one face of a double- faced sign shall be considered in determining the display surface area. Joint identification sign. (Signs) A sign which serves as common or collective identification for a group of persons or businesses operating on the same subdivision or lot in a residential office, commercial or industrial district (e.g., shopping center, office complex, etc.) Such sign may name the person(s) or business included but carry no other advertising matter. Monument sign. (Signs) 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. Pole sign (Signs) A freestanding sign that is affixed, attached, or erected on a pole or poles that is not itself an integral part of or attached to a building or structure. Projecting sign. (Signs) Any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at an angle to the wall on which it is mounted. Wall sign. (Signs) Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of Chapter 174, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of the building marquee, building awning, or a building canopy shall be considered a wall sign. September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 7 of 24 CHAPTER 164: SUPPLEMENTARY DISTRICT REGULATIONS 164.21 Limited Business (D) Conditions for Approval. The uses listed may be allowed as a permitted use and shall meet the following conditions: (1) The proposed use shall not adversely affect local traffic conditions on the adjoining streets. (2) New structures located within a residential zoning district shall incorporate design elements similar to and compatible with those found within the neighborhood, including materials, roof pitch, scale, etc. (3) (4) Moved to 174.12(A) New parking areas or lots, utility equipment and trash enclosures shall be designed to have minimal visual impact to adjacent property owners and to the street. Screening of these elements shall be accomplished with plantings, walls, architectural elements, and/or fencing. miecimum-efee-ef-eight-seeace-feet. —The (6) Hours of operation shall be limited to Sunday through Thursday, 6am to 9pm, and Friday and Saturday, 6am to 11pm, unless otherwise further determined by the Planning Commission. (6) (5) All new or enlarged structures shall comply with the zoning requirements of the underlying district. September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 8 of 24 See below CHAPTER 174: SIGNS 174.10 On -Site Freestanding Signs n -Site Freestanding signs shall be permitted to be erected in the city subject to the following: my one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be unlawful to erect any off-site freestanding sign or any freestanding sign that does not meet the sign type, size, display surface area, setback, height, or illumination as described herein. (A) R A District. Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect any freestanding pole 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 (1/2) foot for each foot of setback less than 40 feet. On -Site Freaetandiag pole signs shall be permitted to be erected in the city subject to the following: (1)IRADistdct. See below (a) Number of signs. Only one (1) en- sile freestanding pole sign shall be permitted en--a--let—er at an agricultural or permitted business eventing located on two one (1) or more adjoining lots. (a) (b) Display surface area. The maximum D display surface area shall not exceed 16 square feet. (3) (c) Illumination. Sign may be illuminated by indirect Illumination only. 44) (d) Setback from right-of-way. Sign shall be setback 35 feet from esl*Nag street right-of-way and 25 feet from any R or R -O District. 483 (2) RSF and RT and- Neighbarhaad COFF1~641-glitrtfiGta Except pursuant to §174.03, (C), (14) and (J), freestanding pole signs shall be prohibited and no freestanding pole signs shall be erected in RSF and RT Districts of the City. 4G3 (3) RMF, R -O, P, NC, and NS Districts. Ase See below (a) Number of signs. Only one (1) on- site freestanding sign shall be permitted on a lot or at a business operating on two or more adjoining lots. 443 (b) Display surface area. The maximum display surface area shall not exceed four (4) square feet; 4a) (c) (33 (d) Setback from right-of-way. The sign shall be setback a minimum of 15 feet from street right-of-way. Setback from R-D/etrlet adjoining property. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts. (4)-(e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (ei (f) Illumination. The sign shall be illuminated by indirect illumination only. 40) (4) C, I, DG, MSC, DC, CS, and UT Districts. (43 (a) Number of signs. Only one (1) en- Nte frontanding pole sign* shall be permitted on a lot, at a shopping center, or at a mall; provided only Moved to new section 174.10(E) September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 9 of 24 one on-site freeetandiag pole sign shall be permitted for any business operating on two or more adjoining lots. Moved to 174.10(C) (b) Display surface area and setback from right-of-way. 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. The sign shall be setback a minimum of 15 feet from the street fight -of -way. (c) etroe4-Fight-efvay. Setback from adjoining property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (2)—Faseeteasling-eigaier Freestanding -signs (8) Monument signs. set 4aek—a—FAISiffiklki—ef-14—feet—freol—the The following regulations pertain to signs Identified as "monument signs", which are no more then six feet In height and whose entire base is In contact wkh and supported by the ground. (1) Number of signs. Where a monument sign Is permitted, only one (1) sign shall be erected on a lot or at a business operating on two (2) or more adjoining lots. (2) Display sutface area. Moved to 174.10(A)(4) Moved to 174.10(A)(3) See below September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 10 of 24 (a) RSF and RT Districts. Prohibited on individual lots. (b) NC District. Where a conditional use permit has been approved for a nonresidential use within the Neighborhood Conservation zoning district the display surface area shall not exceed 10 square feet. (c) NS and RMF Districts. The display surface area shall not exceed 16 square feet. (d) R -A and P Districts. The display surface area shall not exceed 32 square feet. (e) R -O Districts. The display surface area shall not exceed 50 square feet. (f) C, 1, DG, MSC, DC, CS, and UT Districts. The display surface area shall not exceed 75 square feet. (3) Setback from right-of-way. The sign shall be setback a minimum of 10 feet from the right-of-way. (4) Setback from adjoining property lines. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (G3 Area-ei Moved to 174.10(D) beth-eldes. feet, (C) Joint identification sign. The -display ourfaee The following regulations pertain to signs identified as joint identification signs: Joint Identification signs must provide area for the display of a minimum of two (2) person(s) or business(s) and, may be located at no more than two (2) remote entrance locations, as approved by the Planning Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (1) R -A, RSF, RT, RMF, P, NC, and NS Districts. Prohibited. (2) R-0 District. Monument sign permitted only. 0(00 oL32equare-feel• (a) Display surface area. Display surface area shall not exceed 50 square feet. (b) Setback from right -of --way. Monument joint identification sign shall be setback a minimum of 10 feet from the right-of-way. (c) Setback from adjoining property. Setback shall be a minimum of 10 feet from adjoining non-residential property and 25 feet from adjoining residential property. (3) C, 1, DG, MSC, DC, CS, and UT Districts. (a) Display surface area. Display surface area shall not exceed 75 square feet, provided the display surface area of joint Identification signs may be Increased one additional square foot per 500 square feet of gross loanable building area over 37,500 square feet, as approved by the Planning Moved to 174.10(3)(a) September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 11 of 24 Division. Total display surface area shall not exceed 300 square feet. (b) Setback from right-of-way. Monument Joint identification sign shall be setback a minimum of 10 feet from the right-of-way. Freeetondiag Pole Joint identification sign shall be setback a minimum of 40 feet from the right- of-way. (c) Setback from adjoining property. Setback shall be a. minimum of 25 feet from the boundary of any adjoining property. 04) Moved to 174.10(6) 32 -8g -tram -feet: (D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, which will approve such structure upon the criterion of traffic safety sight lines. Area signs shall not be located within the Master Street Plan right-of-way. Already in the definition (1) R -A, RSF, RT, RMF, NC, NS, P, and R -O Districts. (a) Number of signs. Areas with one entrance may not have more than one sign. Areas with more than one entrance may not have a sign at more than two locations. (b) Display surface area. 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. The display surface area shall not exceed 32 square feet. (2) Display-errfeeearea. C, 1, DG, MSC, DC, CS, and UT Districts. (a) feet. Number of signs. Areas with one entrance may not have more than one sign. Areas with more than one entrance may not have a sign at more than two locations. (b) Gand4Dietrfata. Display surface area. 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. The display surface area shall not exceed 75 square feet. (E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected for the purposes of announcing events which are held on the premises: (1) RSF, RT, and NC Districts. Where a conditional use permit has been approved for a charitable, educational, or religious institution or a public body within these districts, the following limitations shall apply: (a) Number of signs. Only one on-site bulletin board shall be permitted on a lot or for a use operating on two or more adjoining lots. (b) Display surface area. Monument sign only, with a display surface area not to exceed 16 square feet. (c) Setback from right-of-way. The bulletin board shall be setback a minimum of 10 feet from the street right-of-way. (d) Setback from adjoining properties. The sign shall be setback a New sign allowance for institutional uses September 27, 2010 Planning Commission ADM 10-3637 UDC Amend Chpt 174 Agenda Item 3 Page 12 of 24