HomeMy WebLinkAbout2010-10-25 - Agendas - FinalPlanning Commission Planning Commissioners
Officers
Audy Lack, Chair
Matthew Cabe, Vice -Chair
Craig Honchell, Secretary
aye
vi1e
ARKANSAS
Draft Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
October 25, 2010
Sarah Bunch
William Chesser
Hugh Earnest
Tracy Hoskins
Jeremy Kennedy
Porter Winston
A meeting of the Fayetteville Planning Commission will be held on October 25, 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, October 11, 2010 meeting.
Old Business:
2. 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
New Business:
3. CUP 10-3671: Conditional Use Permit (BAKER PRE-SCHOOL 3065 QUAINTON, 254):
Submitted by JOHN & CAROL BAKER for property located at 3605 QUAINTON COURT.
The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately
0.32 acres. The request is to operate a pre-school on the property, within the existing single-
family home. Planner: Dara Sanders
4. CUP 10-3670: Conditional Use Permit (BARTHOLOMEW AUCTIONS/
WASHINGTON COUNTY FAIRGROUND, 287): Submitted by STEVE BARTHOLOMEW
for property located at 2536 N. McCONNELL AVENUE, WASHINGTON COUNTY
FAIRGROUND. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains
approximately 31 acres. The request is for Use Unit 2, for a conditional use permit for temporary
outdoor sales auctions on the Washington County Fairground. Planner: Andrew Garner
5. 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. Planner: Jesse Fulcher
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 eslevi
�
1 KANSA
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of October 25, 2010
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: October 21, 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
FINDINGS
This item was heard at the August 30th Planning Commission meeting and the September nth
Planning Commission meeting in order for staff to address comments made by the
Commissioners. Based on the discussion by Commissioners at the September 27th meeting, all
other issues and questions appear to have been addressed.
Freestanding Sign Research
The Planning Commission requested that staff research the number of monument signs permitted
in comparison to the number of pole signs permitted in the recent past. Staff has reviewed the
type and number of freestanding signs that have been permitted since 2003, the year in which the
City began to utilize electronic processing and records, to deteunine the most common type of
freestanding sign utilized in Fayetteville. Staff found that in this time period 57% of the
freestanding signs permitted were monument signs and 43% were pole signs. A brief review of
the permits issued for pole signs indicated that most were for existing, not new, pole sign
structures near or along College Avenue, South School Avenue, Wedington Avenue and Martin
Luther King Junior Boulevard (formerly 6th Street). The majority of recently permitted, new
freestanding signs were monument signs; further, the majority permitted within a commercial
district did not even reach the maximum display area of 75 square feet. This research indicates
that the existing monument sign allowances are most popular for business owners and meet or
exceed the advertising needs for businesses within Fayetteville.
Joint Identification Signs
The Planning Commission requested that staff research the possibility of increasing the height
and size limit for joint identification signs constructed as the "monument style" in which the base
of the sign is in contact with and supported by the ground. Additionally, the Planning
Commission requested that staff consider decreasing the setback requirement for joint
identification and monument signs..
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 1 of 8
Based on staff's inspection of signs in the field, the current setback is appropriate for meeting the
intent of the Sign Ordinance and for promoting traffic safety. The requirement to screen parking
lots from the public right-of-way should not interfere with visibility of a 6 -foot -tall monument
signs with a logical and efficient placement of parking lot screening shrubs, the allowable
grouping of up to 25% of the required number of street trees, and the maintenance of both;
therefore, staff does not recommend eliminating or decreasing the setback requirement for
freestanding signs, finding that any further decrease in the setback requirements could negatively
impact visibility and result in an increase in vehicular and/or pedestrian safety issues, especially
when adjacent to high-speed Collector and Arterial streets.
Staff has completed several exercises since the September 27th Planning Commission meeting to
understand the impact of increasing the height of a monument style joint identification sign. Staff
finds that an alternative between the existing joint identification options is warranted and that a
moderate increase in the height of a monument style sign would not interfere with traffic safety if
setback further than the required 10 feet from the street right-of-way. Staff proposes a new joint
identification sign type, "ground -supported", that are constructed in the same manner as a
monument sign, with the entire base supported by the ground. This new section would allow for
an increase in display area up to 300 square feet and in height of up to 10 feet when setback 20
feet from the street right-of-way for buildings containing 37,500 square feet or more of leasable
tenant space. Staff does not recommend that this option be available for site with a building
containing less than 37,500 square feet, finding that the need for additional height is justified for
a sign that must identify several businesses within the display area, such as Nelson's Crossing.
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. The full mark-up version and previous staff reports have not been included in this newest
packet. If any Commissioner would like to have that material printed again, please let staff know.
RECOMMENDATION
Staff recommends forwarding ADM 10-3637 to the City Council with a recommendation of
approval.
Planning Commission Action:
Motion:
Second:
Vote:
Meeting Date: October 25, 2010
❑ Forwarded
❑ Denied ❑ Tabled
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 2 of 8
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.
Ground -supported sign. (Signs) A freestanding
sign whose entire base is in contact with and
supported by the ground.
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.
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)
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.
(4) 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.
(5) All new or enlarged structures shall
comply with the zoning requirements of
the underlying district.
CHAPTER 174: SIGNS
174.10 On -Site Freestanding Signs
On -Site Freestanding signs shall be permitted to
be erected in the city subject to the following:
Only 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.
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 3 of 8
(A) Pole Signs. The following regulations pertain
to signs identified as "pole signs". It shall be
unlawful to erect any pole sign which total
height is greater than 17.5 feet, unless
further limited herein, above the level of the
street upon which the sign faces; provided
the pole supported sign may be increased in
height one-half (1/2) foot for every foot of
additional setback beyond the required 15
feet from the right-of-way with a maximum
height of 30 feet. On -Site pole signs shall be
permitted to be erected in the city subject to
the following:
(1) R -A District.
(a)
Number of signs. Only one (1) pole
sign shall be permitted at an
agricultural or permitted business
located on one (1) or more
adjoining lots.
(b) Display surface area. The
maximum display surface area shall
not exceed 16 square feet.
(c) Illumination. Sign may be
illuminated by indirect illumination
only.
(d) Setback from right-of-way. Sign
shall be setback 35 feet from street
right-of-way and 25 feet from any R
or R -O District.
(2) RSF and RT- Except pursuant to
§174.03, pole signs shall be prohibited
and no pole signs shall be erected in
RSF and RT Districts of the City.
(3) RMF, R -O, P, NC, and NS Districts.
(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.
(b) Display surface area. The maximum
display surface area shall not
exceed four (4) square feet;
(c) Setback from right-of-way. The
sign shall be setback a minimum of
15 feet from street right-of-way.
(d) Setback from 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.
(e)
(f)
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.
Illumination. The sign shall be
illuminated by indirect illumination
only.
(4) C, I, DG, MSC, DC, CS, and UT
Districts.
(a) Number of signs. Only one (1) pole
sign shall be permitted on a lot, at a
shopping center, or at a mall;
provided only one on-site pole sign
shall be permitted for any business
operating on two or more adjoining
lots.
(b) Display surface area and setback
from right-of-way. The display
surface area shall not exceed 10
square feet and shall be setback 15
feet or more from the right-of-way;
provided, the display surface area
may be increased two (2) square
feet for each one (1) foot of
additional setback from the right-of-
way beyond 15 feet; provided
further, the maximum display
surface area for a sign which is
setback from the street right-of-way
40 feet or more shall be 75 square
feet.
(c) Setback from adjoining property.
Setback shall be a minimum of 25
feet from the boundary of any
adjoining property.
(B) Monument sign.
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 with 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 surface area.
(a) RSF and RT Districts. Prohibited on
individual lots.
(b) NC District. Where a conditional use
permit has been approved for a
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 4 of 8
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.
(C) Joint identification sign. 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 -O District. Monument joint
identification sign permitted only.
(a) Display surface area. Display
surface area shall not exceed 50
square feet.
(b) Setback from right-of-way. Signs
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.
(d) Height. The maximum height of a
sign shall be 6 feet from the
surrounding grade.
(3) C, 1, DG, MSC, DC, CS, and UT
Districts.
(a) Monument. The following
regulations apply to monument joint
identification signs:
(i) Display surface area and
setback from right-of-way.
Display surface area shall not
exceed 75 square feet and
shall be setback 10 feet or
more from the right-of-way;
provided the display surface
area of a joint identification
signs may be increased on
additional square foot per 500
square feet of gross leaseable
building area over 37,500
square feet, as approved by
the Planning Division. Total
display surface area shall not
exceed 300 square feet.
(b) Ground -supported. The following
regulations apply to ground -
supported joint identification signs:
(i) Display surface area and
setback from right-of-way.
Display surface area shall not
exceed 75 square feet and
shall be setback 20 feet or
more from the right-of-way;
provided the display surface
area of a joint identification
signs may be increased on
additional square foot per 500
square feet of gross leaseable
building area over 37,500
square feet, as approved by
the Planning Division. Total
display surface area shall not
exceed 300 square feet.
(ii) Setback from adjoining
property. Signs shall be
setback a minimum of 25 feet
from the boundary of any
adjoining property.
(iii) Height. The height of a ground -
supported sign shall not
exceed ten (10) feet above the
level of the surrounding grade.
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 5 of 8
(c) Pole -supported. The following
regulations apply to pole -mounted
joint identification signs:
(i) Display surface area and
setback from right-of-way. The
display surface area shall not
exceed 10 square feet and
shall be setback 15 feet or
more from the right-of-way;
provided, the display surface
area may be increased two (2)
square feet for each one (1)
foot of additional setback from
the right-of-way beyond 15
feet; provided further, the
maximum display surface area
for a sign which is setback from
the street right-of-way 40 feet
or more shall be 75 square
feet.
A. Exception. 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
leaseable building area
over 37,500 square feet,
as approved by the
Planning Division. Total
display surface area shall
not exceed 300 square
feet.
(ii) Setback from adjoining
property. Signs shall be
setback a minimum of 25 feet
from the boundary of any
adjoining property.
(iii) Height. The height of a sign
shall be a maximum of 17.5
feet, provided the pole -
supported sign may be
increased in height one-half
(1/2) foot for every foot of
additional setback beyond the
required 15 feet from the right-
of-way with a maximum height
of 30 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.
(1) R -A, RSF, RT, RMF, NC, NS, P, and R-
0 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) C, 1, DG, MSC, DC, CS, and UT
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 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.
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 6 of 8
(d) Setback from adjoining properties.
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.
(e) Height. The height of the bulletin
board shall not be greater than six
(6) feet above the level of the street
upon which the sign faces.
(f) Illumination. Electronic message
boards shall be prohibited.
(Code 1965, §17B-9; Ord. No. 1893, 12-19-72;
Ord. No. 3008, 5-1-84; Ord. No. 3029, 8-21-84;
Ord. No. 3294, 9-15-87; Code 1991, §158.47;
Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. No.
4226, 2-15-00; Ord. 4972, 1-16-07; Ord. 5088,
12-04-07)
174.11 Projecting Signs
(A) Sidewalks. It shall be unlawful to erect any
projecting sign that projects from the wall of
a building upon which it is erected a distance
of more than two-thirds of the width of the
sidewalk (in those instances where there is a
sidewalk next to the building) or within two
feet of street right-of-way (in those instances
where there is no sidewalk next to the
building); provided, no projecting sign shall
project more than six (6) feet from the wall of
the building upon which it is erected.
(B) Location. Projecting signs shall be located
on the vertical surface of a building and shall
not be higher than the eave or rafter line,
whichever is higher. Projecting signs shall
clear the sidewalk grade level below the sign
by a minimum of eight (8) feet.
(C) Display surface area. The display surface
area of a projecting sign shall not exceed 16
square feet. Only one (1) projecting sign per
business shall be permitted and a projecting
sign shall not be permitted on property which
has a freestanding sign.
(D) Off-site. Off-site projecting signs shall be
prohibited in all zoning districts.
(E) On-site. On-site projecting signs shall be
prohibited in R -A, RSF, and RT zoning
districts.
(Code 1965, §17B-10; Ord. No. 1893, 12-19-72;
Ord. No. 2255, 7-20-76; Code 1991, §158.48;
Ord. No. 4100, §2 (Ex. A.), 6-16-98; Ord. 4972,
1-16-07)
174.12 Wall Signs
Wall signs shall not project more than 18 inches
from the surface upon which they are mounted.
The upper edge of a wall sign mounted on a
mansard roof may project more than 18 inches
so long as the sign is perpendicular to the
ground. The allowable display surface area of a
wall sign is determined by the wall on which it is
located.
(A) NC, RSF and RT Districts. Where a
conditional use permit has been approved
for a nonresidential use within these zoning
districts, the fallowing limitations shall apply:
(1)
Number of signs. Limit of one (1) on-
site wall sign per business per building;
provided, when a building abuts more
than one street, the limit shall be one
on-site wall sign per business per
building for each wall which faces an
abutting street. In no case shall a
building have more than one wall sign
on any one wall.
(2) Display surface area. Display surfaces
of each sign shall not exceed 8 square
feet.
(3)
Illumination. The color of the sign shall
be compatible with the colors of the
structure, and only indirect external
lighting is permitted.
(4) Exceptions:
(a) Home Occupations. Signage for a
home occupation in an RSF
districts shall be prohibited except
where it is required by the
applicable licensing board, subject
to proof of said requirement.
(B) RMF Districts.
(1) Number of signs. Limit of one on-site
wall sign per business per building;
provided, when a building abuts more
than one street, the limit shall be one
on-site wall sign per business per
building for each wall which faces an
abutting street. In no case shall a
business have more than one wall sign
on any wall.
(2) Display surface area. Display surfaces
of each sign shall not exceed 16 square
feet.
(C) R -A, R -O, P, and NS Districts.
(1) Number of signs. Limit of two on-site
wall signs per business per building. In
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 7 of 8
no case shall a business have more
than one wall sign on any wall.
(2) Display surface area. The display
surface area of a sign shall not exceed
16 square feet where the wall adjoins a
residential land use, or 50 square feet
where the wall adjoins a nonresidential
land use, or street right-of-way.
(D) C, 1, DG, MSC, DC, CS, and UT Districts.
(1) Number of signs.
(a) Single tenant. Where a building
houses only one business, a
maximum of four (4) wall signs may
be placed on one wall, but no more
than four (4) wall signs may be
placed on the building.
(b) Multiple tenants. Where a building
houses more than one business,
each business shall be entitled to a
maximum of one wall sign per
business on each wall of the
building, with a maximum of four (4)
total wall signs per business per
building. In no case shall a
business have more than one wall
sign on any wall.
(2) Display surface area.
(a) Single tenant. The display surface
area shall not exceed 20% of the
first 1000 square feet of wall area
and 5% of any additional wall area.
(b) Multiple tenants. Where a building
houses more than one business,
the display surface area of each
tenant's allowable wall sign(s) shall
not exceed 150 square feet.
Furthermore, the display surface
area for all wall signs on any one
wall may not exceed 20% of that
total wall area.
(E) Off-site wall signs. Off-site wall signs shall
be prohibited in all zoning districts.
174.13 Planned Zoning Districts
Signage criteria for Planned Zoning Districts
(PZD) shall meet the established criteria of this
Chapter. The signage criteria for each planning
area within a PZD shall be assigned at the time
of the rezoning request to reflect the comparable
established zoning district(s). The designated
signage shall not exceed the signage allowance
permitted in the comparable established zoning
district(s), as determined by the Zoning and
Development Administrator.
174.14-174.99 Reserved
(Code 1965, §17B-11; Ord. No. 1893, 12-19-72;
Ord. No. 2309, 2-15-77; Ord. No. 3217, 10-21-86;
Ord. No. 3294, 9-15-87; Code 1991, §158.49;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4226, 2-15-00; Ord. No 4500, 7-01-03; Ord.
4972, 1-16-07; Ord. 5062, 9-18-07)
Cross reference(s)--Boards and Commissions,
Ch. 33, General Provisions, Ch. 150; Definitions,
Ch. 151; Enforcement, Ch. 153; Appeals, Ch.
155; Variances, Ch. 156; Fees, Ch. 159.
October 25, 2010
Planning Commission
ADM 10-3637 UDC Amend Chpt 174
Agenda Item 2
Page 8 of 8
�dyf..eV1�2
PC Meeting of October 25, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Development Services
DATE: October 18, 2010
CUP 10-3671: Conditional Use Permit (BAKER PRE-SCHOOL 3065 QUAINTON, 254): Submitted
by JOHN & CAROL BAKER for property located at 3605 QUAINTON COURT. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.32 acre. The request is to
operate a pre-school on the property, within the existing single-family home.
Planner: Dara Sanders
BACKGROUND:
Property description: The subject property is located in the Huntingdon Subdivision north of
Old Wire Road and west of Crossover Road. The 0.32 -acre tract is zoned RSF-4, Residential
Single-family, 4 du/acre and contains a single-family dwelling.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North, West, South
Single-family residence
RSF-4, Residential Single-family, 4 du/acre
East
Designated greenspace/pond
RSF-4, Residential Single-family, 4 du/acre
Proposal: The applicant requests a conditional use permit to operate a child care facility (Use
Unit 4) in the RSF-4 zoning district with a maximum of 5 children. The child care facility will
occupy up to approximately 600 swine feet in the home containing approximately Z 300
---'"r� —r _.. »rr._..----.___-� ..., ,,.1» ................. existing ..,...., .,,.,.,y
square feet. A section of the backyard will be used for an outdoor play area. The play area will
total approximately 2,400 square feet and is proposed to be used by 5 children at one time.
Proposed hours of operation are from 8:30 am to 5:30 pm; however, staff recommends allowing
flexibility by extending the hours of operation to 6:00 pm. The approximate dimensions of the
facilities provided are as follows:
Outdoor Play Area:
Lot Size:
Indoor Play Area:
2,400 square feet
0.32 acre
600 square feet
Public Comment: Staff has received public comment in support of the applicant's request. The
letters of support are included in this packet.
G:IETCIDEVELOPMENTSERVICES REVIEWI20101DEVELOPMENTREVIEWII0-3671 CUP 3065 QUAINTON COUR7103-PLANNING
COMMISSIOMIO-3671 PLNG COMMENTS.DOC
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 1 of 20
Sidewalks: There is an existing sidewalk constructed at the public right-of-way line; therefore,
neither sidewalk construction, nor money in -lieu is required.
RECOMMENDED MOTION: Staff recommends approval of CUP 10-3671 with the
following conditions of approval:
1. Prior to the issuance of a Certificate of Zoning Compliance, the applicant shall
provide a copy of an approved license from the Department of Health and Human
Services for a child care facility.
2. No more than 5 children or the number approved by the state's licensing board,
whichever is fewer, shall be permitted at this childcare facility.
3. Staff recommends that the hours of operation be limited to Monday through Friday
8:30 AM to 6:00 PM.
4. Play equipment associated with the daycare shall be kept within the designated
outdoor play area.
5. Signage shall be permitted only in accordance with the regulations of Chapter 174,
Signs, which does not currently permit signage for this type of use in the RSF-4
zoning district.
6. The subject property shall continue utilizing a residential cart for solid waste
disposal. A commercial container for solid waste shall not be permitted.
PLANNING COMMISSION ACTION: Required YES
❑ Approved
Motion:
Second:
Vote:
Date: October 25, 2010
0 Tabled 9 Denied
FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. These
areas are almost exclusively residential in nature, with conventional setbacks. This zone
recognizes conventional subdivision development but encourages traditional neighborhood
development that incorporates low -intensity non-residential uses.
163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
G: IETCIDEVELOPMENT SERVICES REVIEWI2010IDEVELOPMENT REVIEWIIO-3671 CUP 3065 QUAINTON COUR7103- PLANNING
COMMISSIOMI0-3671 PLNG COMMENTS.DOC
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 2 of 20
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for a child care facility (Use Unit 4) within the RSF-4 zoning
district.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
The Planning Commission shall make the following written findings before a
conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under § 161.07 to grant the
requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: In staffls opinion granting the requested conditional use should not adversely
affect the public interest, as the service will provide a resource to satisfy child
care needs in the neighborhood.
The peak of traffic will occur before 9:00 a.m. and after 4:00 p.m., during
drop-off and pick-up. The average daily vehicle trips generated by a child
care service for 5 children at this location should not substantially increase
G:IETCI DEVELOPMENTSERVICES REVIEW12010IDEVELOPMENT REVIEW110-3671 CUP 3065 QUAINTON COUR7103- PLANNING
COMMISSIOMIO-3671 PLNG COMMENTSDOC
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 3 of 20
traffic volumes in this area.
Additionally, with the incorporation of the conditions of approval
recommended by staff, this home would retain its primary use and
appearance as a single family residence, similar to all surrounding
residences. It is noted that a child care facility would result in noise from
children playing outside, and play equipment being stored in the yard;
however, as only five (5) children are proposed, these impacts would not be
much greater than those expected from a typical single-family home of 3,300
square feet.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant shall comply with specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: The subject property has access from Quinton Court, which intersects with
Warwick Drive. The proposed child care facility would provide services for
no more than 5 children, resulting in a negligible increase in vehicle trips per
day. Additionally, there is a sidewalk in this neighborhood providing safe
pedestrian access to the property.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: Chapter 172 requires one parking space per employee and one parking space
per ten children. As the applicant does not propose to hire employees, the.
required amount of parking required by this request is a total of 1 parking
space in addition to the 2 parking spaces required for the single-family
G: IETCIDEVELOPMENTSERVICES REVIEWI2010IDEVELOPMENT REVIEWI10-3671 CUP 3065 QUAINTON COUR7103- PLANNING
COMMJSSIOMIO-3671 PLNG COMMENTS.DOC
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 4 of 20
dwelling. The residential driveway has a capacity for approximately 4
vehicles (based on a site visit), and on -street parking is permitted along the
property's frontage. Therefore, there is adequate parking available on or
adjacent to the subject property for the proposed use. In the occasional
situation where the driveway is full, there is adequate on -street parking
available for an additional vehicle along the project frontage. No particular
economic, noise, glare or odor effects of special exception are anticipated
with a home daycare with a maximum of 5 children.
(c.) Refuse and service areas, with particular reference to
ingress and egress, and off-street parking and loading,
Finding: The applicant shall coordinate with the Solid Waste division for appropriate
solid waste disposal; however, staff recommends that the applicant be limited
to a residential waste disposal container.
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding: There are existing water and sewer lines serving the subject property.
Finding: N/A
(e)
(f.)
Screening and buffering with reference to type,
dimensions, and character;
Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
Finding: The current regulations in Chapter 174, Signs, prohibit signage in the RSF-4
zoning district; however, should the regulations be revised to permit signage
in the RSF-4 zoning district, all signage shall comply with the requirements
of Chapter 174, Signs.
(g.)
Required yards and other open space; and
Finding: The subject property exceeds the requirements for a child care facility with
maximum of 5 children in regards to lot area. The ordinance requires "a
minimum outdoor play space of 80 square feet per child, calculated on the
basis of the number of children occupying the outdoor play space at one
time", and the applicant proposes a maximum of 10 children in the outdoor
play area at one time.
G: IETCIDEVELOPMENT SERVICES REVIEWI20101DEVELOPMENT REVIEWIIO-3671 CUP 3065 QUAINTON COUR7103- PLANNING
COMM/SSIOM70-3671 PLNG COMMENTS.DOC
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 5 of 20
Required Provided
Minimum lot area 250 SF/child = 0.03 acre 0.32 acre
Minimum Outdoor Play Area 80 SF/child = 400 SF* 2,400 SF
* 5 children maximum are proposed to be in the play area at one time.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: Staff finds that the proposed use is consistent with the City Plan 2025
Residential Neighborhood Area designation, which encourages low -intensity,
non-residential uses where appropriate. The adjacent and surrounding
properties consist of single-family residential, and the proposal to utilize this
lot for a child care facility could serve the surrounding neighborhoods. Staff
finds that the proposed use is compatible with adjacent properties and will
not create a negative impact on adjacent or nearby properties given the
relatively large separation of the existing structure from adjacent structures
and because this use does not produce large truck traffic, noise pollution, or
other affects that would be considered incompatible.
163.05. CHILD CARE; NURSERY SCHOOL
A. Minimum lot area. All such establishments shall be located on lots which contain a
minimum area of 250 square feet per child.
Finding: The subject property does meet the requirements for a child care facility
with 250 square feet of lot area per child for 5 children.
Minimum lot area
Required Provided
250 SF/child = 0.03 acre 0.32 acre
B. Minimum outdoor play space. Provide a minimum outdoor play space of 80
square feet per child, calculated on the basis of the number of children occupying
the outdoor play space at one time.
Finding: The subject property does meet the outdoor play space requirements for a
child care facility. The applicant proposes to allow no more than 5 children
in the outdoor play area at one time:
Minimum outdoor
play area
Required Provided
80 SF x 5 children = 400 SF 2,400 SF
C. Number of children. In an R-1 zone, a child care facility may be approved as a
G:IETCIDEVELOPMENT SERVICES REVIEWI20101 DEVELOPMENT REVIEW110-3671 CUP 3065 QUAINTON COUR7103- PLANNING
COMMISSIOMI0-3671 PLNG COMMENTS.DOC
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 6 of 20
conditional use of no more than 10 children, or the number of children approved by the
State's licensing board, whichever is fewer.
Finding: The subject property is located within the RSF-4 zoning district. No more
than 5 children or the number approved by the state's licensing board,
whichever is fewer, shall be permitted at this childcare facility.
G:IETCIDEVELOPMENT SERVICES REVIEW12010IDEVELOPMENT REVIEW110-3671 CUP 3065 QUAINTON COUR7103- PLANNING
COMMISSIOMIO-3671 PLNG COMMENTS.DOC
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 7 of 20
a
Information requested by Planning Office CUP checklist
Legal description — Lot 6, Block 6 of the Huntingdon Subdivision, City of Fayetteville, Washington
County, Arkansas
Complete written description of this request
Preschool A retired preschool teacher who has her husband's assistance want to operate (an in
home) preschool. They have two rooms and storage totaling 345 sq ft which are
used exclusively for preschool. An adjacent laundry has the sink for clean up
after school projects and accidents. Immediately next to that is a bathroom used
primarily by the students. The class room has its own heating and A/C unit. We
have another 255 sq. ft. room that is used by the children when they cannot go
outside. It is a recreation room that is rarely used by anyone else.
Building size is 3300 sq. ft. No more proposed
Off street parking available — 4 cars I think I was told that 2 are sufficient
Hours of operation - 8:30 AM to 5:30 PM
Number of Employees - 0
Anticipated number of children - 5 maximum at any time
Outdoor lighting We have 8 flood lights, 2 front and 2 rear porch lights, 6 in -the -step lights at
front entrance and 2 yard lights on posts. But children are never to
be outside after dark, except when leaving with a parent in early
evening during winter.
Noise These students do make noise when outside playing. Normal yelling
and screaming and yes, crying for 2, 3 and 4 year old boys and girls.
Screening we have an 8to iv foot tallnurfurdholly hedge then a " foot tall picket
fence that separates our property from Dorothy Barry's backyard. The holly
is about 2/3 of the barrier's length and the picket fence is about 1/3 the length
This is not part of the children's play area.
Next to that is the Keith Glass property. It's back yard is enclosed by a 3 foot
high picket fence and some vegetation (holly bushes, myrtle bushes, bayberry
and hedges). This is what adjoins the children's play area.
The house next to us on our street (James Lee property) has a 4 foot high
picket fence enclosing the back yard. That fence is covered by thick holly
bushes where it adjoins our property. The children do not play on this side.
Trash We use the normal city residential services.
Ingress and Egress
Our house is on a dead end street with a cul du sac. Traffic is very minimal
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 8 of 20
We have a double width driveway. Parents using this driveway can use the
front or rear entrance to our home. Parents that park on the street use our
front entrance. There is rarely more than 2 cars here at the same time. The
only traffic situation comes once weekly when a neighbor has a bible study.
Essentially all the on street parking places are used by them. Not a problem,
our children's parents use our driveway.
Compatibility with neighbors. We only have residences in our neighborhood. Many families
have children. We have a few children here that play outside when
it is not too hot, too cold, or wet. They go outside generally between
11:15 or 11:30 and come in about 12:15 for lunch. Later in the day they may
go outside around 4:15 until 5:30. The play ground has a large swing set a
big colorful plastic playhouse, a smaller plastic house with slide, a sand box,
children's picnic table and a gazebo There are numerous riding toys for use
on the driveway only. This playground extends from our driveway over to
Warwick on the northerly side of our house. The dimensions and angle make
it difficult for me to estimate the size but it includes our driveway for the
little riding toys. I measured a rectangle of 60' x 40' well within the
boundaries of the playground. So we have a total of 2400 sq. ft. measured
and much much more beyond that measurement.
In today's economy, it is nearly impossible for a couple born in 1937 to find employment. But we have
found a way to provide a service for the community and an income beyond social security and a
husband's small pension. We need your approval to continue this productive activity.
We moved into this house 25 years ago. After raising our family here, we would like to think of it as
our permanent residence.
1. t t r- dS✓
7 oma, /
�/ 0
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 9 of 20
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre-S.hool
Agenda Item 3
Page 10 of 20
3059 Q!tAINTON
71 Ba er Pre -School
Agenda Item 3
Page 11 of 20
7r7P
rrn77--
9:n711-rj efl9 °r?ro
g>27? fl-j-eny —nn9r)
i.A/ _51 0 E
October 25, 2016
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 12 of 20
Jim & Renee Coldiron
3110 N Warwick Dr.
Fayetteville, AR 72703
October 7, 2010
City of Fayetteville
Planning Commission
113 W. Mountain St.
Fayetteville, AR 72701
Subject: CUP 10-3671— 3065 N Quainton Ct.
Dear Sir/Madam:
This letter is intended to give support to Roger and Carol Baker. We have known the
Bakers and have been neighbors now for well over 20 years. You could not meet a nicer
couple. This couple has been directly involved in maintaining and improving our
neighborhood over the years while at the same time raising a fine family. There is no
question that the Bakers have been an asset to our small community.
My wife and I are what you would call "home bodies"; I -am home during the day, almost
every day, while working from my home office and my wife is here the majority of the
day. Not once have we been bothered by the sounds of the fine children which the
Bakers watch and teach. As a matter of fact, it is refreshing to hear the sounds of laughter
and excitement during certain parts of the day coming from these youngsters.
It is our hope that the Bakers will be allowed to watch, teach and guide these children in
the future.
Sincerel
i
&
Rei - - Coldiron
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 13 of 20
CUP 10-3671
3065 N Quainton Ct
Dear Commission:
We have been neighbors of Roger and Carol Baker for about two and half
years. It is our opinion that the preschool has not been disruptive to the
neighborhood in any way. They have always been quiet and respectful to the
neighbors. Carol and Roger have been great neighbors and we would like to see
them stay. We feel the preschool provides a needed service to the neighborhood,
and adds to our community. Please consider our input.
Sincerely,
Laura and Nestor Camargo
3060 Quainton Ct, Fayetteville, AR
RECEIVED
OCT 13 2010
PLANNING DIV,
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 14 of 20
Anthony Lee 479-530-1958
3059 N. Quainton Ct., Fayetteville, AR 72703 alee58n.att.net
Planning Commission
113 W. Mountain St.
Fayetteville, AR 72701
Re: CUP 10-3671; 3065 N. Quainton Ct.
To whom it may concern:
I am writing to you to express my family's support for the above referenced matter. We
have lived next door to the Bakers for about ten years and have never been disturbed by
their child care service. In fact, it's an honor and a privilege to be blessed by the presence
of the children they keep. Having had brought up two children of our own in an in-home
day care service, we know the importance of one not only by the level of care that is given is
extremely superior than the larger day cares, but children are less likely to get sick because
the level of exposure to illness is much lower due to the number of kids. The only thing
that I am concerned about regarding this situation is that the individual(s) who have
initiated this procedure have no regard for the effect their actions could have upon all
individuals involved which are many, but the most important of all is the effect to the
children involved by having to readjust from a stable environment to who knows what. A
source of stability outside a child's own home is extremely important to that little
individual's life.
If you having any questions or would need further comment, then please feel free to contact
me. My information is listed above.
Thank you for your time and consideration.
Sincerely,
etc_
Anthony Lee
The Lee Family
gses‘\''-'°
QHS 3 Zp1b
PthNN'NG °N •
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 15 of 20
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre-School
Agenda Item 3
Page 16 of 20
BAKER PRE-SCHOOL
Close Up View
0-3671
ut JSe Trail
Fu ure_Tr� s'
allglootprints 2010
Hillside -Hilltop Overlay District
rill Design Overlay Di3trict
Design Overlay Di Strict
Planning Area
0 125 250
Fayetteville
500 750 1,000
F
October 25, 2010
!arming GomnJaaiun
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 17 of 20
CUP 10-3671
BAKER PRE-SCHOOL
One Mile View
VILLINES
REF -4 R8F4
HAROLD ST RSF4 RSF4
PSE -4
RSSF4,
_.. yT SE4
R CORTLAND ST . SF4RSM
ETON ST R8F4 pit A1'i?'310S RSF4 RSM
RSF4 jl;. wt RSF4 WARWICK DR
R8S4 FURMAN ST'
REFI
OAKCLIFF 37 naFd'
•,` EMONTST 4
F
RSF4t :
REIM qgi
k
4 mid RS
(ANWYK OR R$F4
RSe .:: n
F4 i f�
RSF4
RSF4 WA
r7
0RAM .11r•��ORBF4
hiticS VN(1lY WAA RSF-I� Ixn.
N pt.
RPZD
RSF4RRM
RSF4 RSF4
'.1/ ,R-4 RSF-4
flsM
Overview
Legend
Subject Property
CUPIO-3671
•
0.25
Boundary
0.5
GHAT' ORTH RD
R8F4
eair'allt
Trails
•••• M\u • r-gTrail (BS
.. RBFd r�E
0.1
'ails
Futgr4
Hills M.Hilltop fa
'sting)
rla
ii CUP10-3671
11111 Design Overlay District
; Planting Area
Fayetteville
1
Miles
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 18 of 20
CUP10-3671
Current Land Use
BAKER PRE-SCHOOL
SINGLE FAMILY HOMES
SUBJECT PROPERTY
SINGLE FAMILY HOMES
FLOOD ZONE
-r1
footprints 2010
Hillside -Hilltop Ov
L.._ ! Design Overlay Di
Design Overlay Di
Planning Area
Fayetteville
rlay District
.trict
•trict
0 125 250
500 750 1,000
Feet
October 25, 2010
•
CUP 10-3671 Baker Pre -School
Agenda Item 3
Page 19 of 20
October 25, 2010
Planning Commission
CUP 10-3671 Baker Pre-School
Agenda Item 3
Page 20 of 20