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2008-10-27 - Agendas - Final
ayve T"r ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,October 27,2008,5:30 p.m. Room 219,City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chair B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Questions&Answer with Commission F. Action of Planning Commission(Discussion&Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak, representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you,go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2008 Planning Commissioners Sean Trumbo Lois Bryant Matthew Cabe James Graves Porter Winston Andy Lack Christine Myres Jeremy Kennedy Jill Anthes Tayve ee TENTATIVE AGENDA ARKANSAS The City of Fayetteville,Arkansas 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,October 27,2008, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the October 13,2008 meeting. 2. ADM 08-3150 (Dickson Street Inn): Submitted by GREG HOUSE for property located at 301 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.13 acres. The request is for shared parking. Planner: Data Sanders Old Business: 3. ADM 08-3127: (APPLEBY LANDING): Submitted C.R. CRAWFORD CONSTRUCTION for property located at 3017 N. BOB YOUNKIN ROAD. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 2.17 acres. The request is to vary the requirement to screen mechanical and utility equipment. Planner: Jesse Fulcher The applicant has requested this item be tabled until the November 10,2008 meeting. New Business: 4. ADM 08-3126: (SOUTHERN VIEW II): Submitted by NORTHWEST ELECTRIC,INC. for the Southern View II PZD property located NORTHEAST OF THE SHILOH DRIVE AND OLD FARMINGTON ROAD INTERSECTION. The request is for a variance from Chapter 176,Lighting,to match the pre-existing fence lights on the property. Planner:Andrew Gamer 5. CUP 08-3123: (PBI MEDICAL, INC., 563): Submitted by JEFF & THOMAS BROWN for property located at 685 HUNTSVILLE ROAD. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.37 acres. The request is for medical oxygen storage in the Downtown General zoning district, a change from one non- conforming use to another. Planner: Jesse Fulcher 6. C-PZD 08-3121: (CORE PET WELLNESS,292): Submitted by BLEW &ASSOCIATES for property located at 2406 N. OLD WIRE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.58 acres. The request is for Zoning and Land Use approval only for a Commercial Planned Zoning District to permit a veterinarian's office in the existing structure. Planner:Andrew Gamer This item must be tabled until the November 10,2008 meeting,due to notification requirements. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(575-8267), 125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330. 7aye S41 ' PC Meeting of October 27, 2008 ARKANSAS ' THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Data Sanders, Current Planner THRU: Jeremy Pate, Director of Planning DATE: October 21, 2008 ADM 08-3150(Dickson Street Inn): Submitted by GREG HOUSE for property located at 301 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.13 acres. The request is for shared parking. Planner: Dara Sanders BACKGROUND: Property description: The subject property, located at the southwest corner of Dickson Street and Locust Street, west of College Avenue, contains approximately 0.13 acre and 3 structures: one residential structure that has been converted into a professional office building, one commercial space, and one multi-family structure. The applicant proposes to convert the professional office building and the multi-family structure into the Dickson Street Inn and to construct a 500 s.f addition to the east side of the professional office. The addition will require 1 additional parking space; however, due to existing site constraints, the applicant is unable to provide the additional parking space at the site. The applicant proposes a shared parking agreement to provide the additional parking space off-site, one block south(approximately 515 feet)of the subject property,at 241 Spring Street,also owned by the applicant.The proposed shared parking lot currently contains one 13,500 s.f.professional office building and 43 parking spaces. By ordinance, the applicant must provide 45 parking spaces, or a minimum of 31 parking spaces after the allowable 30% reduction, for the professional office building. Staff has verified that the proposed days and hours of the shared parking agreement will not conflict with the parking requirements for the existing businesses. Proposal: The applicant proposes a shared parking agreement with the professional office building located at 241 Spring Street to share 1 parking space, which complies with city code. SURROUNDING LAND USE AND ZONING Direction from Site Land Use Zoning North, South,East,West Commercial,Retail,Restaurant,Residential MSC, Main StreeUCenter K:IReportsl20081PCReportsl2O-October 2749DM08-3150(Dickson Street lnn).doc - - - _-- October 27,2008 Planning Commission ADM 08-3150 Dickson Street Inn Agenda Item 2 Page 1 of 8 RECOMMENDATION: Staff recommends approval of the requested parking waiver based on the findings included in this report,with the following conditions: 1. The shared parking agreement shall apply only to the Dickson Street Inn. Should the Dickson Street Inn no longer occupy the subject property at 301 West Dickson Street, approval of the shared parking agreement shall be null and void. The agreement shall apply to 1 parking space. 2. The applicant shall provide a minimum of 1 bike rack at 301 West Dickson Street, in accordance with Chapter 172.10, prior to the issuance of a Certificate of Occupancy. PLANNING COMMISSION ACTION: Required: YES Motion: ❑Approved ❑Denied ❑Tabled Second: Vote: Date: October 27,2008 FUTURE LAND USE PLAN DESIGNATION: Urban Center Area Chapter 172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE (C)Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (1)Shared parking between developments. Formal arrangements that share parking between intermittent uses with nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. Finding: The parking demands for the proposed uses do not conflict with the business that has agreed to enter into a shared parking contract with The Dickson Street Inn. Staff finds that this proposal is in accord with the intent to reduce the amount of parking required, as well as redevelopment and improvement of Downtown Fayetteville. (2)Shared parking agreements. If a privately owned parking facility is to serve two or more separate properties, then a "Shared Parking Agreement' is to be filed with the city for consideration by the Planning Commission. K.,V?eports120081PC Reportsl20-October 27UDM08-3150(Dickson Street7nn).doc October 27,2008 Planning Commission ADM 08-3150 Dickson Street Inn Agenda Item 2 Page 2 of 8 Finding: A "Shared Parking Agreement" has been signed and filed with the city, requesting to share 1 parking space with the professional office building located at 241 Spring Street. (3) Shared spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time. Findings: The spaces identified on the site plan for shared users have not been included in another shared parking agreement. K.IReports120081PCReportsl20-October 271ADM08-3750(Dickson Streetlnn).doc October 27,2008 Planning Commission ADM 08-3150 Dickson Street Inn Agenda Item 2 Page 3 of 8 `f3 S�aus previ�td aE 2`{1 SprPM $tre�' A wnihwr�aw► 31 suets art ra• l"A 61 or %"A ACC October v,2008 Planning Commission ADM 08-3150 Dickson Street Inn Agenda Item 2 Page 4 of 8 Shared Parking Agreement 160.117(E)(4):A Shared parking. Formal agreements which share parking between intermittent uses with non-conflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount ofparking required. Such agreements are subject to the approval of the Planning Commission. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at a time. As owner(s) of the property located at 04 ( W . �Zp Lk" I (we) hereby agree to share parking spaces (as shown on attached site plan) during the following times and days: 2!-F A, The following restrictions apply: Required parking My(our)property requiresparking spaces based upon the City--s parking lot ordinance. The use of my(our)property is c��CC_IE7 and it contains r3 square feet. The applicant's property requires�_parking spaces based upon the City--s parking lot ordinance. The use of the applicant=s is Pr;yo&e 4Iv-6 J)oA%1, and it contains Soo square feet. �n Site Plan Attach a diagram of the entire parking lot. Enumerate spaces to be shared per this agreement. Also indicate any spaces within this lot which are shared with other entities. Owner Signature: � e Date: Owner Signature: Date: Applicant Signature: Date: — October 27,2008 PlmuyagOommission ADM 08-3150 D1sk�.og Street Inn -_RCgenda Item 2 Page 5 of 8 Dickson Street Development Co.,LLC 217 N. East Ave Fayetteville, AR 72701 October 21, 2008 Fayetteville Planning Commission 113 W. Mountain Fayetteville, AR 72701 Dear Commissioners, Due to the 500 square foot addition to property located at 301 W. Dickson Street in Fayettville,Arkansas;the planning staff has determined that we must provide one additional parking space. This space can not be provided on-site therefore we are requesting that a shared parking agreement be permitted with our property located at 241 W. Spring Street. Your consideration of this request is appreciated. Sincerely, Gregory T. House For Dickson Street Development Co., LLC October 27,2008 Planning Commission ADM 08-3150 Dickson Street Inn Agenda Item 2 Page 6 of 8 ADM08-3150 DICKSON ST. INN Close Up View 4 ` r b a� �H ry } A w D3CKSON ST � � �� • • � �A�a.}m am e O3CKSON 5r __ DIC_K50N ST OfCNSON ST a �\ L_OICKSON$i _ x f v S l � `f K < TI ,o e 4 k• I j I Ovemewo ©a 8 a ei 0 37.5 75 150 225 300 " Feet October 27,2 08 ••--- -••- Plannin Commiss on AU=3 iou DiMon Meet inn Agenda Item 2 Page 7 of 8 ADM08-3150 DICKSON ST. INN One Mile View aso F R —�M MS ST �RSFA KE51� b 1A G KESIDEDR kk '\yit � QEBURfltST ���� I Rle� RS GICSON DR pWr1iDR—'iS g w � X � LIEBURN�SI' ppGG �R9F<rI ¢RG�hI} t RSFA�a \V L '1. z WP � DR� I 1 'vRSF,� I , S9pAI���1p3RSFiCL�ST��.�Y" FS��v�IFt3F REBECCAi$rR3F�Q �I.. is NE 3 a t�}t3F� RSF-0 a1.: I ° "++�` � �— 4`*4j3FA "�:•.^� RSF-0��i �D.]OHNSQN 6T a.rp ., SUBJECTPROPER IY T airR 'diasFo`iRSFv -' .. x I I t � i I , i Atf.R 3 f1f `�� t H NTSWIL q � �' •� �r� atiy�a a�Ca a�� Overview Legend Boundary Subject Property planning Area _ ®ADMO8.3150 a�000� ,,,.Overlay District Foutside City Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 October 27,20 8 - Planning Commissi n M I I SD08-3150 Dickson Street I n Aaenda 2 Page 8 of 8 Taye PC Meeting of October 27, 2008 V THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: October 21, 2008 ADM 08-3127: (APPLEBY LANDING): Submitted C.R. CRAWFORD CONSTRUCTION for property located at 3017 N.BOB YOUNKIN ROAD. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 2.17 acres. The request is for a variance from the requirement to screen mechanical and utility equipment. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THAT THE ITEM BE TABLED UNTIL THE November 10,2008 PLANNING COMMISSION MEETING. K:IReports120081PC Reports120-October 271ADM 08-3127(Appleby Landing Lots 12)Tableddoc October 27,2008 Planning Commission ADM 08-3127 Appleby Landing Agenda Item 3 Page 1 of 2 October 27,2008 Planning Commission ADM 08-3127 Appleby Landing - Agenda Item 3 Page 2 of 2 7ayC PC Meeting of October 27, 2008 AKKA NISAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate,Director of Current Planning DATE: October 21,2008 ADM 08-3128: (SOUTHERN VIEW II): Submitted by NORTHWEST ELECTRIC, INC. for the Southern View R PZD property located NORTHEAST OF THE SHILOH DRIVE AND OLD FARMINGTON ROAD INTERSECTION. The request is for a variance from Chapter 176,Lighting,to match the pre-existing fence lights on the property. Planner: Andrew Garner BACKGROUND Property and Background: The subject property is located at the northeast corner of Old Farmington Road and S. Futrall Drive and is comprised of two separate developments, Southern View Phase I and Southern View Phase II. The large scale development for Phase I was approved by the Planning Commission on February 10,2003 and was completed at the end of 2003. A residential planned zoning district was approved for Phase II by the Fayetteville City Council on February 17, 2004 and was completed at the end of 2007. Request: The request is for a variance from Chapter 176,Outdoor Lighting,to allow noncompliant light fixtures to be installed within Ph. II of the development. DISCUSSION A wrought iron fence was constructed around the perimeter of Southern View Ph. I with"acorn"style light fixtures installed approximately every 40 feet. These noncompliant fixtures were allowed to be installed,since the City's outdoor lighting ordinance had not been adopted. The developer has continued the wrought iron fence around the perimeter of Ph.II and proposes to install the same style fixture for a consistent lighting theme through each phase. However,all outdoor light fixtures installed after June 21, 2005 (effective date of Outdoor Lighting Ordinance)are required to be hooded, or shielded. Pursuant to Chapter 156.03(C)(7)Outdoor Lighting Plan,the Planning Commission may grant a variance from the Outdoor Lighting Ordinance when the strict application of the ordinance would cause undue hardship as applied to the proposed development;provided that such variance shall not have the effect of nullifying the intent and purpose of the chapter. RECOMMENDATION Staff finds that the strict application of the lighting ordinance would not cause undue hardship to the development,and that granting the variance as requested would have the effect of nullifying the intent and purpose of the Outdoor Lighting Ordinance. It should be noted that staff included a condition of approval K..,Reports 00081PC Reports L70-October 271ADM 08-3726(Southern View I!Lights).doc October 27,2008 Planning Commission ADM 08-3126 Southern View II Agenda Item 4 Page 1 of 18 in the staff report for Southern View Ph.11,which required all parking lot lights to be shielded,directed downward and away from adjacent properties. Therefore,the applicant was made aware of a restriction on outdoor lighting previous to the adoption of the lighting ordinance,furthering the fact that the outdoor lighting ordinance has not caused an undue hardship on the development. Accordingly,staff recommends denial of ADM 08-3126,and recommends the applicant either retro-fit the fixtures desired to be installed, or utilize a different fixture that would meet the Outdoor Lighting Ordinance. Planning Commission Action: O Approved O Tabled O Denied Motion: Second: Vote: Meeting Date: October 27.2008 Ills ...... .... . � A� 176.02 Applicability (A) All outdoor lighting fixtures installed on private and public property after the effective date of this ordinance shall comply. This ordinance shall not apply to single,or two family residential dwellings. (B) All outdoor lighting fixtures existing and legally installed and ;operative before the adoption of Ord. #4714, June 21, 2005, are exempt from these requirements unless they are determined to create a disabling glare as defined by this ordinance. a 156.03 Development Certain variances of the development regulations may be applied for as follows: (7) Outdoor Lighting Plan. (a) Undue Hardship. So that substantial justice may be done and the public interest secured, a developer may petition the Planning Commission for a variance from the requirements of Chapter 176: Outdoor Lighting, by showing that their strict application would cause undue hardship as applied to the proposed development; provided that such variance shall not have the effect of nullifying the intent and purpose of the chapter. (b) Conditions, In granting variances, the Planning Commission may impose such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied: KlReports120081RCReporisl20-October 2714DM 08-3126(Southern Piewll Lights).doc October 27,2008 Planning Commission ADM 08-3126 Southern View II Agenda Item Page 2 of 18 1 NORTHWEST ELECTRIC , INC . 1720 PUMP STATION RD . P . O . BOX 694 FAYETTEVILLE , AR 72702 PHONE(479)521-4595 • FAX(479)521-6207 N W E L E C T R I C O Y A H O O . C O M FACSIMILE TRANSMITTAL SHEET TO: FROM: Andrew Garner Tim Cotton COMPANY. DATE: City of Fayetteville 9/18/08 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 1 PHONE NUMBER: RE: Southern View Fence Lights NOTES/COMMENTS: To whom it may concern, The purpose of this letter is in regards to a lighting issue at Southern View Apartments, a Lindsey Management apartment complex in south Fayetteville. On the original Southern View there was a fence built around the west side of the complex between the access road and the complex with plans to continue the fence south when phase 2 was completed. In May of 2005, Lindsey Construction started work on six three story buildings that would be Southern View Phase 2. On the original fence there were 23 column lights to provide light in that area along the fence. The light fixtures used were an acrylic "acorn"style fixture with no lighting ordinance in place. On the new fence there are columns for 23 light fixtures that would provide a seamless transition between the two complexes. Northwest Electric is asking for permission to match the light fixtures on this fence with the old fixtures. Northwest Electric bought these 23 column lights in 2006 in anticipation of the fence being constructed in the near future and installation shortly after. The fence was not built until early 2008 and that is when we realized we may have a problem with the lighting ordinance. The lighting ordinance clearly does not allow any light fixture that is not dark sky compliant and these fixtures are not. In order to comply with the lighting ordinance, we would have to use a fence light with full cutoff. Northwest Electric would like to use the fixtures we already have in our possession for several reasons. For the sake of looks the best thing would be to extend the same look to avoid a contrast in fixtures and light,we feel that two different style light fixtures on the same fence would be aesthetically less pleasing than the escaping light of the older acorn fixture. The acorn style fixtures that are placed around every fifty foot provide a good light source that spreads to light up the area. For security reasons a full cutoff column fixture would not be practical on a six foot column. Cost is another major concern due to the price of a light fixture that would look similar yet still comply with the ordinance.An acorn style fixture cost around $60 while a proposed full cutoff fixture costs around $700! By using a full cutoff the cost would increase by nearly$15,000 to light the fence. One last issue is efficiency of the light fixtures. With the acorn style light fixture we use a 15 watt cfl lamp compared to a full cutoff that uses a 150 watt lamp. We would appreciate it if this issue could be reviewed or approved in whatever manner it needs. Due to the issues regarding appearance, security, efficiency, and cost we would really like to use the fixtures we have already bought. This may be precautionary due to the fact that the fence was approved before the lighting ordinance was put into effect but we wanted to be sure. I have included several pictures th@kober 27,2008 show the existing fence and fixtures along with the new fence section. Thanks, Tim Cotton Planning commission ADM 08-3126 Southern View II Agenda Item 4 Page 3 of 18 1, nRx° a 3r 00 y .*..� �' i'h'nfls nq ' " ^ ` •5M �5S iTi"'J �:.( ,�4,5 i�� T � gA�ti �` NA Tr IR ' s VV III II � � RA III III ' s.. C1' eq Qd 0 C i � Y r u4 { rt r j 3� q { i f dtf�1 Ler C �W i ��`y l • L ti5 ay E{ �X� a S 1A�is� 1? E vi - �� y x F�a�+.�t��e'.� ^y�pt^�°� !•'ErYr.+ 1 R` S i �; - (� � a • � II:�'1�(ff��a f� 2'�y� TY'..����r�'� it i �. �� i I �"� r der, , ti 3'�,Ls" 4!h �,,xC'� , <�1��'F�`1; �Y 9�^J•�`�y.�.. � �.. t�dl� �I � rif/ 1�q:�`�' r* .' ♦ `' 2'�`? �, 'S!�'^xl3� p Y l !{°a p �� I a � e r :rte � K ' t v 1 is Ky`:r^�u•�s`z >M1�,"ak r Zvi 4�ggtiJ7 � Aa�Si �i— `�: fp[� ' kq4'i [�} 4'4�c1.`t(+'" �`leNy�04 f f< P'�`�'1F'w.��3�!'SF �( u�4`,'sV I��. •i F i lop— it y Y3er+ +o fill — r r ^�i1Ga `Pr7a n�°g� 8um� �6p1i ��{qq AAr L r 'Y. 1� Ff�• 10n�ls�f }53 o n� qT ;v iii F` h.M � ✓ 5^ �Ii9 I@ EE '3l x� SJyY1- � x3\kY � y.� y •"lw�, I tw 4 de'S,� 'e aster �°' '-"'�` �,y�'ti �mT a,a•ri`*d x � ��k4'h��i�i 3 � ����,,c��'����-f+-r��y�� 1.w4 r xr 3 yZ 4y S L ',y 'S' S15 v I ��i�Akt lIl t Y_ MIT l� i �i S �a � T �'` Siy�t "Sdti. didd�]y��9illl �i � ¢iCYYI •� ��� I������9k��I Illlia"9i���ll r I I�b'� '^'r. z rvc IF7N I fi � TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176: OUTDOOR LIGHTING 176.01 Purpose (A) Single and two-family residential uses. This chapter is intended to: (B) Navigation lights (i.e. airports, heliports, (A) Protect the privacy of property owners by limiting radio/television towers). the potential for glare and light trespass from outdoor lighting fixtures located on adjacent (C) Seasonal decorations with individual lights in properties; place no longer than 60 days. (B) Protect drivers, pedestrians, senior citizens, and (D) Other special situations approved by the City for the visually impaired from the glare of non- temporary or periodic events (i.e. parades, vehicular light sources that can impair safe travel; festivals,etc.) (C) Promote efficient and cost effective lighting; (E) Security lights of any wattage that are controlled by a motion-sensor switch and which do not (D) Allow for flexibility in the style of light fixtures; remain on longer than 12 minutes after activation. (E) Reduce atmospheric light pollution. (F) Emergency lighting only as necessary and required by the adopted Building Code of the City of Fayetteville. 176.02 Applicability (G) Flags displaying national, state, or local governmental bodies. Flags advertising (A) All outdoor lighting fixtures installed on private businesses are not exempt from the provisions of and public property after the effective date of this this ordinance. ordinance shall comply. This ordinance shall not apply to single or two family residential dwellings. (H) Decorative street lighting located within the —� (B) All outdoor lighting fixtures existing and legally Downtown Master Plan boundary. installed and operative before the adoption of (1) Fossil fuel lighting. Ord. #4714, June 21, 2005, are exempt from these requirements unless they are determined (J) Accent lighting. to create a disabling glare as defined by this (1) Landscape elements. Accent lighting onto ordinance. landscaping and foliage may be permitted. All non-cutoff luminaries shall be shielded (C) When an existing fixture is replaced, the and directed so that the light distribution is replacement fixture shall meet the requirements focused toward the functional landscape of this article. area being illuminated. All landscape accent fixtures shall be permanently fixed such that (D) Compliance with this ordinance shall be they are resistant from tampering or administered by the City of Fayetteville Planning redirection of the light source.Accent lighting Department. shall not be located in such a way as to have the bulb or lamp visible from pedestrian or (E) In the event of a conflict with any other section of vehicular egress. this article,the more stringent requirement shall apply (2) Building Mounted Accent Lighting. Accent lighting which is attached to building (F) Outdoor Lighting regulations and Sign ordinance facades, structures or other architectural regulations shall be considered separate and elements may be permitted. All non-cutoff distinct from one another. luminaries shall be shielded and directed so that the light distribution is focused toward (G) A developer may petition the Planning the functional area being illuminated. Commission for a variance from the requirements Fixtures designed to illuminate the vertical of this chapter pursuant to the Unified building surface, such as sconces, may be Development Code,§156 Variances. permitted provided that the bulb is shielded with an opaque surface that restricts 176.03 Exemptions horizontal light emissions. The following are exempt from the hooding/shielding provisions of this ordinance or as otherwise noted: CD176:3 October 27,2008 . Planning Commission ADM 08-3126 Southern View II Agenda Item 4 Page 8 of 18 '.. Fayetteville Code of Ordinances (6) Neon and Light Emitting Diode(LED) lighting p/ shall be considered accent lighting in this ordinance and is permitted to accent WALL SCONCE ON MOUNTEDli� architectural elements of nonresidential { ,.[ BuLDiNG ON:Nc ���� structures as long as it meets the following SURFACE. _I requirements: BULB Of LAMP - SHIELDED WITH AN rl OPAQUE SURFACEI ❑ (a) Neon or LED lighting shall only be used THAT RESTRICTS HORIZONTA'_ LiO!1T j t0 accent architectural elements Of EMISSIONS. �.� {t\ nonresidential structures.� (b) Neon or LED lighting used to accent architectural elements shall be mounted or affixed to the structure such that the (3) Ground Mounted Accent Lighting. Ground material behind the lamp or tubing is non-reflective. mounted accent lighting for buildings, when so approved, shall be directed onto the (c) Neon or LED lighting shall be designed, building. Direct light emissions shall not be installed, located, and maintained such visible above the roof line or beyond the that all direct illumination is kept within building edge. All upward aimed light shall the boundaries of the fixture owner's be fully shielded, fully confined from property. projecting into the sky by eaves, roofs or overhangs, and all fixtures shall be located (d) Neon or LED used in signs shall be as close to the building,being illuminated as regulated possible.All ground mounted accent fixtures 9 pursuant to the sign ordinance. shall be permanently fixed such that they are resistant from tampering or redirection of the (e) Neon and LED accent lighting shall be light source. Ground.; mounted spotlights limited to one linear foot of lighting per - shall not be located in such,a way as to have linear foot of faoade being illuminated the bulb or lamp visible from a,pedestrian or and shall not exceed'a maximum of vehicular egress. 75% of the entire buildings linear facade length. 111 176.04 Submittals 11 "1,M1 rq, �A. ie.,�,, (A) Applications for building permits or applications °LPO£°'""° for review by the Planning Commission which include the installation of outdoor lighting fixtures for new construction, shall provide evidence of compliance with the requirements of this ordinance. The submittal shall contain the \ following information and shall be submitted as CI part of the site plan to the Planning Department. ----- Outdoor Lighting Plan A.T u.nl (1) Plans indicating the location, type, and (4) Pole Mounted Accent Lighting. Pole height of the luminary including both building mounted accent lighting for a building is not and ground mounted fixtures; permitted. (2) A description of the luminary, including (5) Pedestrian walkway lighting 42 inches or lamps, poles or other supports and shielding less in height above the adjacent walkway devices, which may be provided as grade may be permitted. This includes catalogue illustrations from the lighting applications such as bollards, light manufacturer; fixtures located in retaining and landscape walls, and lighting fixtures located on or (3) Photometric data, such as that furnished by within structures utilized for pedestrian the manufacturer;and safety,for example,stairwell lighting. October 27,2008 CD176:4 Planning Commission ADM 08-3126 Southern View II Agenda Item 4 Page 9 of 18 TITLE XV UNIFIED DEVELOPMENT CODE (4) Any additional information as may be �T� Fi' � EQ required by the City Planning Department in PERMITTED order to determine compliance with this Ordinance. 176.05 General Standards r The following standards shall apply to all outdoor x ✓ "; lighting installed after the effective date of this ordinance,which is not exempted above: (A) Outdoor lighting shall be hooded, shielded, and aimed downward. Examples of acceptable and unacceptable light pollution control shielding and hooding are shown in exhibit "C," attached 'typical"wall Pack Fixture" Typical"shoe sox Fixture" herein. Awnings, canopies, roof structures and other opaque surfaces that are designed to shield / the direct horizontal surface of the light source `� 1 and direct light downward toward the building or * P r other opaque surface may also be considered for compliance with this requirement. — �. 7T ," 2 1 � — I —�j (B) The hood or shield shall mask the direct horizontal surface of the light source. The light shall be aimed to insure that the illumination is Typical"Barn ragW opaque RefleMor{lamp Inside) only pointing downward onto the ground surface. (C) Existing fixtures may be adapted to comply with r this,ordinance by adding a properly designed hood or shield, or,,by pointing any upward- mounted, shielded fixture downward onto the ground surface. (D) All outdoor lighting fixtures shall be designed, installed, located and maintained such that all Area Roudught, Area Auod t.ightwidr Hoedishleld direct illumination is kept within the boundaries of the fixture owner's property. (E) This section may be enforced on the basis of a formal complaint filed in with the Planning Department. (F) Sports Field Lighting shall be designed in accordance with IESNA standards located in IESNA RP 6-01 "Sports and Recreational Area Lighting. 176.06 Prohibited Outdoor Lighting Installations (A) Illumination of attraction devices that flash, blink, fluctuate,or that are animated shall be prohibited. CD176:5 October 27,2008 Planning Commission ADM 08-3126 Southern View II Agenda Item 4 Page 10 of 18 Fayetteville Code of Ordinances MODIFYING EXISTING FIXTURES c>,�NTnlx.. f I T.11,�_ C9mo4RTAis.- . TO Tmk T,.M&P/a, I ♦ f NOT PERMITTED. .. : . o�aa.a�iyun.� lilt 1'wrFmCn9 ^�'�� NKp,Mvl Pavpe)1a' ,.. .. PERMITTED aueuxuyaweun ' I i Noafne.uoaa ru® I Yav YmRM' �� hMRbxY3fmpMy.. (Ord.4714,6-21-05; Ord.4981,2-06-07) October 27,2008 CD176:6 Planning Commission ADM 08-3126 Southern View 11 Agenda Item 4 Page 11 of 18 FAYETTEVILLE PC Meeting Of January 12, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:501-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick,A.I.C.P., Zoning& Development Administrator DATE: January 06, 2004 R-PZD 04-01.00: Residential Planned Zoning District(Southern View II, pp 519) was submitted by Crafton, Tull&Associates on behalf of Lindsey Management Co. for property located at Futrall Drive and Old Farmington Road,east of I-540. The property is currently zoned C-2,Thoroughfare Commercial and contains approximately 6.713 acres. The request is to rezone the property to a Residential Planned Zoning District to allow for a mixed use development comprised of 114 dwelling units and 40,398 SF of commercial space proposed. Planner: Jeremy Pate Proposal: The request is for a Residential Planned Zoning District on 6.71 acres currently zoned C-2,Thoroughfare Commercial,directly south of the constructed Southern View Phase I multi- family development. The applicant requests a rezoning and Large Scale Development approval for a mixed use development consisting of six buildings. Each of the proposed buildings will contain 6,733 SF of retail space, 14 2-Bedroom dwelling units and 3 1-Bedroom units. Proposed Development: R-PZD, Residential Planned Zoning District #of Parking Land Use Square Feet #of Units Bedrooms Required Bldgs 1-6 Commercial/Retail 6,733 SF N/A N/A 27 spaces Bldgs 1 6 Multi-Family Residential aces N/A 12 24 24 s 2-Bedroom p Bldgs 1-6 Multi-Family Residential aces N/A 7 7 7 s 1 -Bedroom p Individual Mixed-Use Total Retail/Multi-family 6.733 SF Retail 19 .31 58 spaces Residential TOTAL Mixed-Use (x 6 Bldgs) Retail/Multi-family 40,398 SF Retail 114 186 348* Residential *The applicant proposes 302 parking spaces, which is within the 30Vo +/-ordinance requirement. Total proposed dwelling units on the 6.71 acres numbers 114, therefore the proposed density for the R-PZD is 16.9 DU/acre. K..tReportsl2004lPCReportsl01-12-0418-P2[)04-01.00(Southern Viewn),doc - October 27,2008 Planning Commission ADM 08-3126 Southern View II Agenda Item 4 Page 12 of 18 Access: The development is proposed to have four means of access,two from Old Farmington Road,one from Futrall Drive and one from the existing Southern View Phase Idevelopment to the north. A pedestrian access has been added from the existing Southern View I apartments, pursuant to Subdivision Committee discussion. A formal waiver request for the Design Overlay District requirement of 250 feet between an intersection and a curb cut has been submitted by the developer. Staff is in support of the request for the proposed curb cuts along Old Farmington Road. The two entrances fulfill the intent of providing an enhanced"Main Street" streetscape, along with providing needed parking in the"rear"to meet ordinance requirements. Access on both sides of the building is desirable for fire protection and emergency vehicles. Buildings and parking in the development have been situated to create a desirable, pedestrian- oriented streetscape along the two primary entrances east from Futrall Drive and north from Old Farmington Road. Parallel parking and 10-foot wide sidewalks are incorporated with the primary interior streets, and the majority of parking is located to the rear of the structures. Additionally, a landscape buffer is proposed along Futrall Drive to ameliorate the impacts of proposed parking lots_ Elevations of the proposed structures have been submitted for Planning Commission review. The development is proposed to be under single ownership, with dwelling units rented and retail space leased. All interior streets, landscaping, common areas and buildings will be maintained by the developer. Existing Development: The site is currently vacant. Surrounding Land Use/Zonin : Direction Land Use Zoning North Southern View Phase I RMF-18, Res. Multifamily, 18 DU/acre Multi-family dwellings South Sines AutoBody Shop C-2,Thoroughfare Commercial East Fayetteville Public Schools P-1, Institutional West Futrall Drive, I-540 N/A Water&Sewer: Water and sewer lines are available to the site. Phasing: Phase lines are shown in bold on the site plan, dividing the project construction into two phases, the first of which will incorporate all street infrastructure, landscaping, sidewalks and buildings 2 and 5. Street Improvements Proposed. Improvements to Old Farmington Road a minimum of 14'from centerline including curb& gutter,pavement etc. Six-foot sidewalks are required to be constructed along both Futrall Drive and Old Farmington Road. Adjacent Master Street Plan Streets: Futrall Drive (Collector), minimum of 35 feet from centerline;Old Farmington Road(Local), minimum of 25 feet from centerline K.tRepans120041PCReportsiOl-12-0418-PID 04-01.00(Southern View()_doc October 27,2008 Planning Commission ADM 08-3126 Southern View II Agenda Item 4 Page 13 of 18 i Tree Preservation: There are no existing trees on-site. Design Overlay District • Greenspace: The applicant has complied with the 25'greenspace requirement along the rights-of-way. • Signage: Monument Sign: The applicant is indicating one(1) monument sign along Old Farmington Road, to be compliance with DOD requirements. All sign illumination is to utilize indirect lighting. Wall Sign: Wall signage is to be determined by tenant occupancy of the leased Commercial/Retail space. Two wall signs may be installed per business(two right-of-way frontages), not to exceed 20%of that wall area or 200 SF, whichever is less. • Curb Cuts: The applicant requests a waiver of the 250 feet required from an intersection to a curb cut. The original lot configuration does not have adequate depth to satisfy the DOD requirement. Staff is in support of this request. • Lighting: The applicant shall comply with the requirement for 35-foot maximum height, utilizing full cut-off lighting fixtures that are shielded and directed downward to the parking lot and light spread not to reflect into the adjacent properties. • Exterior appearance: Elevations have been submitted for all four sides of the building. Planning Commission determination of architectural treatment of fronts, along with Commercial Design Standards, is required. Building Material: Materials samples have been submitted, indicating the proposed brick colors, etc. • Site Coverage: Approximately 31%of the site has been left in open space. • Fencing: Fencing is not proposed with this development. • Outdoor Storage: N/A • Access: Pedestrian access is being provided with new 6-foot sidewalks along Futrall Drive and Old Farmington Road. Bicycle racks are being provided within the development,as are 10-foot sidewalks along buildings to allow for spillover and outdoor shopping space. KIReports120041PCReports101-12-041R-PID 04-01.00(Southern VeuH).doc October 27,2008 Planning Commission ADM 08-3126 Southern View II Agenda Item 4 Page 14 of 18 Background. The proposal was first heard at Technical Plat Review on May 28,2003 and in subsequent meetings tabled by staff due to concerns with site development plans. The proposal was resubmitted and heard at Technical Plat Review on December 17, 2003.The revisions produced from that meeting and a subsequent meeting with staff were presented before the Subdivision Committee on December 30, 2003. Discussion at that meeting included breezeways between buildings, "placemaking"on the empty corner between Bids 3&4, trees along the"Main Street", pedestrian access to Southern View 1, and graphic treatment of the building elevations. Recommendation: Forward to the City Council with a recommendation for approval of the requested rezoning to R-PZD 04-01.00. Planning Commission approval of the proposed Large Scale Development plan R-PZD 04- 01.00 subject to the following conditions: Conditions of Approval: ✓1. Planning Commission recommendation to the City Council regarding the rezoning of the subject property to the unique district R-PZD 04-01.00 with all conditions of approval as LL determined by the Planning Commission. +L. An ordinance creating this R-PZD shall be approved by City Council. 3. Planning Commission determination of Commercial Design Standards_Stafffinds the structures fully meet all aspects of Commercial Design Standards. *Addition to Condition w/Planning Commission approval: No two facades shall be constructed next to or across from one another. The end facades shall be addressed to morefully comply with Commercial Design Standards. The tower element shall not be used more than three times within the development. J4. Planning Commission determination of a waiver request for the proposed building within the 100-foot setback of the 100-year water surface elevation of the proposed retention pond. Staff is in support of this'request. �. Planning Commission determination of a waiver request for the Design Overlay District requirement of 250 feet between an intersection and a curb cut, along Old Farmington Road. Approximately 110 feet is the proposed distance from the Futrall Drive intersection to the first entrance curb cut along Old Farmington Road.Staff is in support ofthe waiver request. 6. All setbacks, protective easements, and designated uses are binding with the approval of the R-PZD. Submitted building elevations are likewise binding to the project. 7. An AHTD permit is required for any work done within the Highway Department right-of- L-IReportsl20041PCReportsl0f-f2-0418-PO�)04-01.00(Southern VieivII).doc October 27,2008 Planning Commission ADM 08-3126 Southern View II Agenda Item 4 - Page 15 of 18 way. 8. Street improvements to Old Farmington Road shall include 14 feet from centerline including curb, gutter,pavement and 6-foot sidewalks. Six-foot sidewalks are also required along Futrall Drive, at the right-of-way line. 9. No fences shall be allowed within the utility easements along Futrall Drive and Old Farmington Road. 10. All parking lot lights are to be shielded, directed downward and away from adjacent properties utilizing full cut-off sodium lighting fixtures. 11. All signage shall comply with Design Overlay District requirements. 12. All trash enclosures shall be screened from view with materials that are compatible with and complementary to the proposed buildings. 13. All utilities shall be screened with materials complementary to the proposed buildings. 14. Each building shall be constructed to provide a mixture of facades as viewed from surrounding drives and streets. 15. The building permit process for Phase H of the current proposal shall begin within one(1) year from the final Certificate of Occupancy issued for Phase I. Standard Conditions of Approval: 16. 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) 17. Staff approval of final detailed plans, specifications and calculations(where applicable) for grading, drainage, water,sewer, fire protection,.streets (public and private), sidewalks, parking lot(s) and tree preservation_ The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 18. Payment of parks fees in the amount of$40,086 shall be required prior to building permit. Prior to R-PZD approval, this amount shall be considered and approved by City Council to meet ordinance requirements for over 100 residential units (scheduled for the February 03, 2004 meeting). 19. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. K IReporrst2004tPCReports101-12-04tR-PID 04-01.00(Southern New11).doc October 27,2008 Planning Commission ADM 08-3126 Southern View II _ Agenda Item 4 Page 16 of 18