HomeMy WebLinkAbout2010-04-26 - Agendas - FinalPlanning Commission Planning Commissioners
Officers
Audy Lack, Chair
Matthew Cabe, Vice -Chair
Craig Honchell, Secretary
aye
evtlle
ARKANSAS
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
April 26, 2010
Sarah Bunch
William Chesser
Hugh Earnest
Tracy Hoskins
Jeremy Kennedy
Porter Winston
A meeting of the Fayetteville Planning Commission will be held on April 26, 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, April 12, 2010 meeting.
Old Business:
2. ADM 10-3559: Administrative Item (WEIR ROAD SUBDIVISION, 244): Submitted by
HOMETOWN DEVELOPMENT. The property is located at the SOUTHEAST CORNER OF
WEIR ROAD AND HUGHMONT ROAD and contains approximately 17.64 acres. The request is
for an extension of the approval for PPL 06-2010, Preliminary Plat Weir Road Subdivision.
Planner: Jesse Fulcher
New Business:
3. ADM 10-3554: Administrative Item (UDC AMENDMENT CH. 160.28, I-540 CORRIDOR
DESIGN OVERLAY DISTRICT): Submitted by CITY PLANNING STAFF for revisions to
Fayetteville Unified Development Code Section 161.28, I-540 Design Overlay District. The
proposed code changes consolidate the I-540 Design Overlay District requirements into other
sections of the UDC, and eliminate requirements that are not consistent with current development
regulations. Planner: Dara Sanders
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.
ayefreeRi s e
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of April 26, 2010
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: April 21, 2010
ADM 10-3559: Administrative Item (WEIR ROAD SUBDIVISION, 244): Submitted by Hometown
Development. The request is for an extension of the approval for PPL 06-2010, Weir Road S/D.
Planner: Jesse Fulcher
BACKGROUND
April 12, 2010 Planning Commission meeting: This item was heard at the April 12, 2010 Planning
Commission meeting. The Planning Commission voted 8-0-0 to table the request to the April 26, 2010
Planning Commission meeting in order to give the applicant time to supply additional justification for the
requested extension. Staff e-mailed both project applicants on April 13, 2010 to inform them of the
outcome of the meeting, and to request that they provide a signed letter outlining the progression of the
project since it was approved in 2006, and the steps that will be taken to complete the project, including a
construction time line. Staff requested that this letter be submitted on Monday, April 19, 2010. The
applicant had not submitted additional, information to the Planning Division as of the date of this report.
Property Description: The subject property is located at the southeast corner of Weir Road and
Hughmount Road.
Background: The original Preliminary Plat request was approved by the Planning Commission on April
24, 2006 for the construction of a residential subdivision with 34 single-family lots and 40 townhouses.
The applicant received all permits and approvals to complete construction of the infrastructure on April
17, 2007; within the one year time limit. These .approvals were conditioned upon the applicant
completing the project and receiving final inspection approval within three (3) years from the date of
issuance of permits.
Proposal: The applicant requests a two year extension to complete construction of the project, to expire
on April 17, 2012. The Planning Department received the applicant's extension request on March 29,
2010, within the three year time limit. Should this extension be granted, the applicant shall complete
construction and receive final inspection approval before the end of the extended deadline.
G: IETCIDevelopment Services Review120101Development Review110-3559 ADM Weir Road Ext. IPlanning Commission104-26-101Comments and
Redlines
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 1 of 10
RECOMMENDATION
Staff recommends approval of ADM 10-3559, the requested extension to PPL 06-2010 (Weir Road
Subdivision), with the following conditions:
1. The applicant shall be allowed until April 17, 2011 (one year) to complete construction of the
project and receive final inspection approval, or the preliminary plat approval shall be revoked.
Staff is recommending only a one (1) year extension, since the applicant has stated that work is
expected to be completed within six months and because the project has been approved for four
years already. The Planning Commission may extend the project by up to two (2) additional
years.
2. All other conditions of approval PPL 06-2010 shall remain applicable.
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(C)(2) gives the Planning
Commission authority to extend the three (3) year period to complete a project by up to two (2) additional
years. In order to extend this approval, the applicant must: (1) request the extension prior to the three year
time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal
three year period. If the extension is granted, it is within this time that the applicant shall complete
construction of the project and receive final inspection approval. Additional extensions are not permitted.
(1) The applicant has submitted the extension request to the Planning Division on March 29, 2010,
prior to the three year time limit ending on April 17, 2010.
(2) The applicant has stated that they are actively pursuing the physical infrastructure aspects of the
project and expect completion to be within the next six (6) months and that the noticiable delay in
construction timing has been due to the complicated and changing requirements on financial
institutions in the current economy. Furthermore, the development contractor has equipment,
materials and manpower on site and plans to aggressivley continue work through completion.
PLANNING COMMISSION ACTION:
O Approved O Denied O Tabled
Motion:
Second:
Vote:
Comments:
Meeting Date: April 26, 2010
The "Conditions of Approval" listed in the report above are accepted in total without exception by the
entity requesting approval of this development item.
Signature Date
G:IETCIDevelopment Services Reviewl2O101Development Review1l0-3559 ADM Weir Road Es(. IPlanning Commission104-26-1O\Comments and
Redlines
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 2 of 10
ti an.
Ifometown Development
4378 E. Mission Blvd. Fayetteville, Arkansas 72703
March 29, 2010
To: Jesse Fulcher
City of Fayetteville
Planning Department
Re: Weir Road Development Project - Extension
Mr Fulcher and Planning Commission,
We respectfully request that you allow an extension of the standard construction duration
for the Weir Road development project. We are actively pursuing the physical
infrastructure aspects of the project and expect completion to be within the next six
months. We are not planning any home building procedures until the time at which all
infrastructure is completed in order to provide services to those structures. The
noticeable delay in construction timing has been due to the complicated and changing
requirements on financial institutions in our current economy. Our development
contractor has equipment, materials and manpower on site and plans to aggressively
continue work through completion.
Thank you for your consideration,
John W. English
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 3 of 10
(4/7/2010)_Jesse Fulcher Re: Weir Rd Extension
From: <ozarkconstruction@yahoo.com>
To: "Jesse Fulcher"<jfulcher@ci.Fayetteville.AR.us>
Date: 4/7/2010 9:12 AM
Subject: Re: Weir Rd Extension
We expect to have the project completed well within the one year window. I am certain, however that all
original persons involved could not have anticipated the events which have transpired to this point. Please
allow us to request the two-year extension, knowing that we would joyfully accept a one year extension if
that limitation suited the Planning Commission better.
Original Message
From: Jesse Fulcher
To: John W English
Cc: Bob Schmitt
Subject: Re: Weir Rd Extension
Sent: Apr 7, 2010 8:56 AM
Mr. English,
Do you want to request the full two-year extension, or will one year be sufficient to complete construction?
Jesse
»> John English <ozarkconstruction@yahoo.com> 3/30/2010 3:41 PM »>
Mr Fulcher,
As we have discussed, it is customary for the planning commission to allow time extension on
construction of projects underway when requested and reasonable.
Please review the attached letter requesting such extension for the Weir Road project.
If you forsee any difficulty with acceptance of the request, please notify me immediately.
As always, I am available to you by email or cell phone at all times.
Thank you very much.
John W . English
fax 479 - 443 - 2252
Cell 479 - 263 - 3665
Sent from my BlackBerry Smartphone provided by Alltel
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 4 of 10
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
Matt Casey, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: April -1-73-2006 Updated April 25, 2006
PPL 06-2010
Page 1
PC Meeting of April 24, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PPL 06-2010: Preliminary Plat (WEIR RD. S/D, 244): Submitted by PROJECT DESIGN
CONSULTANTS for property located at SE CORNER WEIR RD AND HUGHMOUNT RD.
The property is in the Planning Area and contains approximately 17.64 acres. The request is to
approve a residential subdivision with 34 single family lots and 40 town homes.
Property Owner: HOMETOWN DEVELOPMENT Planner: JESSE FULCHER
Findings:
Property: The subject property contains approximately 17.64 acres located east of Hughmount
Road and south of Weir Road, just north of Lierly Lane Subdivision. The property is located in
the Planning Area and is currently largely undeveloped, pasture land with_ one single family
home.
Proposal: The applicant proposes to create a residential subdivision with 34 single family lots
and 40 town homes.
Related Issues: Property that is developed and/or subdivided in the Planning Area of the City of
Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations
required within the City. When property within the Planning Area develops, the City can
regulate the following requirements:
• Appropriate division of land;
• Lot area — minimum 10,000 square feet;
• Lot width — minimum 75 feet;
• Right-of-way dedication in conformance with the Master Street Plan;
• Impact of traffic — On- and off-site improvements to reduce a dangerous traffic condition;
• Septic System approval from the Arkansas Health Department for lots less than 1 5 acres;
and
• Street connectivity.
Surrounding Land Use and Zoning: Surrounding properties are within the Planning Area and
consist of large single family properties.
K:IReports12006IPC Reports104-24-061PPL 05-2010 (Weir Road).doc
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 5 of 10
PPL 06-2010
Page 2
Water and Septic System: Water shall be extended to serve the proposed development. The
applicant proposes to utilize a community septic system. Conditional approval of the septic
system has been provided prior to approval of the subdivision.
Adjacent Master Street Plan Streets: Hughmount Road and Weir Road (local streets); Lierly
Lane (Collector). At the time of Subdivision Committee, the applicant representative indicated
an unwillingness to make the improvements as recommended to Hughmount Road and Weir
Road, the streets utilized to access this property. Since that time, the applicant has agreed to
these improvements and staff is recommending approval.
Right-of-way to be dedicated: Sufficient right-of-way exists for Hughmount Road and Weir
Road to meet the requirements of the Master Street Plan. The applicant proposes a 50'
dedication of right-of-way for Streets 1 and 3 and a 40' dedication of right-of-way for Street 2.
Street 4 will be an alley with 20' of dedicated right-of-way.
Connectivity: The project will access Hughmount Road and Weir Rd. Connectivity is not
proposed to the south or east, given that there are existing platted subdivisions located on these
two sides of the proposed subdivision.
Public Comment Several property owners in the area objected to this project, citing concerns
with drainage, traffic, compatibility, lot sizes, town homes, etc.
Recommendation: Staff recommends approval of PPL 06-2010 with the following conditions:
Conditions to Address/Discuss:
1. Planning Commission determination of street improvements. Staff recommends widening
Hughmount Road 14' from centerline to include storm drains, curb and gutter, pavement
and a 4' sidewalk along the property frontage, with all improvements continuing south to
tie into the improvements for Lierly Lane Subdivision, at the intersection of Hughmount
Rd. and Lierly Ln.
Staff recommends widening Weir Road 14' from centerline to include storm drains, curb
and gutter, pavement and a 4' sidewalk along the property frontage. Both adjoining
streets shall be provided a minimum width of 20' of asphalt pavement, or to county
standards, whichever is greater.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF ALL RECOMMENDED
STREET IMPROVEMENTS.
THE PLANNING COMMISSION FOUND IN FAVOR OF ALL RECOMMENDED
STREET IMPROVEMENTS
2. Planning Commission determination of appropriate connectivity. Staff finds that
subdivision as proposed provides adequate connectivity to existing streets. There are
existing platted subdivisions to the east and south therefore no stub -outs are requested.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE STATED CONDITION.
K: IReparts12006 PC Reporis104-24-061PPL 05-2010 (Weir Road).doc
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 6 of 10
PPL 06-2010
Page 3
THE PLANNING COMMISSION FOUND IN FAVOR OF THE STATED CONDITION.
3. Street lights shall be installed or guaranteed at each intersection and with a maximum
separation of 300 feet along all streets (including Weir and Hughmount Roads) prior to
recordation of the final plat.
Revised plans submitted for Planning Commission do not show the recommended street
improvements to Hughmount Road and Weir Road. The applicant shall submit revised
plans to the Planning Department with all street improvements noted/dimensioned
including those improvements off-site.
5. Four -foot sidewalks along Hughmount Road and Weir Road shall be constructed (not
guaranteed prior to final plat.
6. At the time of final plat application submittal, all permits and final approvals from the
Arkansas Department of Health and Arkansas Department of Environmental Quality for
the community septic system shall be obtained and submitted to the Planning Division.
7. The proposed streets shall be constructed in accordance with City of Fayetteville Street
Standards.
8. Approval from Washington County Planning shall be obtained for this preliminary plat.
Standard Conditions of Approval:
9. 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).
10. 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.
11. All overhead electric lines under 12Kv shall be relocated underground. All proposed
utilities shall be located underground.
12. All street names and addresses shall be approved by the 911 coordinator.
13. Preliminary Plat approval shall be valid for one calendar year.
Additional conditions:
a.
K: IReports120061PC Reports104-24-061PPL 05-2010 (Weir Road).doc
April 26, 2010
Planning Commission •
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 7 of 10
b.
PPL 06-2010
Page 4
Planning Commission Action: '1 Approval O Forwarded O Tabled
Meeting Date: April 24, 2006
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K: IReports120061PC Reports104-24-061PPL 05-2010 (Weir Road).doc
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 8 of 10
ADM1G-3559
Close Up View
WEIR ROAD SID
Overview
WEIR -RD
0 150 300 600 900 1.200
F t
April 26, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 9 of 10
Overview
Legend
Subject Property
ADM10-3559
Boundary
0 0.25 0.5
1
M
ilegpril 26, 2010
P
!alining Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 10 of 10
ave evi le
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: April 20, 2010
PC Meeting of April 26, 2010
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 10-3554: Administrative Item (UDC AMENDMENT CH. 160.28, I-540 CORRIDOR
DESIGN OVERLAY DISTRICT): Submitted by CITY PLANNING STAFF for revisions to
Fayetteville Unified Development Code Section 161.28,1-540 Design Overlay District. The proposed
code changes consolidate the I-540 Design Overlay District requirements into other sections of the
UDC, and eliminate requirements that are not consistent with current development regulations.
Planner: Dara Sanders
BACKGROUND AND PROJECT HISTORY
The City of Fayetteville adopted the Design Overlay District (I-540 Highway Corridor) in 1994 to
protect and enhance the distinctive scenic quality for the I-540 Highway Corridor and to address
traffic, safety, and environmental concerns. The regulations included in this district (I-540 DOD) for
all nonresidential development have led to the adoption of other development regulations that are
administered to all properties in the City of Fayetteville, including the Commercial Design and
Development Standards, Street Design and Access Management Standards, Landscape Regulations,
and pedestrian safety requirements in various sections of the Unified Development Code. The I-540
DOD served a valuable purpose for many years in a visible and environmentally sensitive area of the
City until other sections of the Unified (UDC) were created or updated. Over the past decade or so
new standards have left a majority of the I-540 DOD requirements redundant or outdated. Most of
the I-540 DOD requirements are now covered in other sections of the UDC and apply throughout the
City. However, some of the I-540 DOD requirements are slightly different than requirements in other
areas of the City. In staffs opinion, this leads to inconsistent development requirements without
substantial benefits. Three of these conflicts are as follows:
The curb cut distance requirements in the I-540 DOD are now addressed with a more
comprehensive access management code (UDC 166.08);
The 25 -foot greenspace requirement adjacent to streets are now addressed under the
consolidated landscape regulations (UDC 177) which require 15 -foot greenspace; and
The 25% overall site greenspace requirement in the I-540 DOD is now addressed under the
Commercial Design and Development Standards (UDC 166.14) that require 15%
greenspace.
G: IETCWEVELOPMENT SERVICES RE VIEW120101DEVELOPMENT REVIEWUO-3554 ADMI-540 DESIGN OVERLAY DISTRICIIIO-3554 ADM
DESIGN OVERLAYDISTRICT.DOC
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 1 of 12
In staff' s opinion, the 15 feet of greenspace and 15% open space now required throughout the City as
part of the Commercial Design Standards have proven to be effective and adequate in preserving
pervious surface and providing a greenspace buffer between parking lots and streets.
Staff has identified requirements in the I-540 DOD that are counter productive to the goals of City
Plan 2025 to discourage sprawl and to make traditional town form the standard. The requirements to
provide a minimum of 25 feet of greenspace along all rights-of-way and a minimum of 25% open
space for non-residential projects within the boundary, but 15 feet and 15%, respectively, for
residential projects within the boundary and all projects outside the boundary are frankly confusing
and inconsistent in efficient utilization of space. Staff recommends that the redundant I-540 DOD
requirements be eliminated and the existing applicable standards be included in select chapters of the
UDC.
One such standard that remains important, in terms of the viewshed of the area, is the prohibition on
tall pole signs. Staff recommends this regulation remain, but be moved to Chapter 174 Signs, a more
appropriate location to find this type of ordinance requirement. In addition, staff recommends the
renaming the `Commercial' Design Standards ordinance to Non-residential' Design Standards, a
practice that is consistent within the existing I-540 DOD and will be applied to all non-residential
structures within the City.
SUMMARY
The proposal to eliminate Chapter 161.28 Design Overlay District (I-540 Highway Corridor) and to
include some requirements in other sections of the UDC is summarized below and attached in full to
this staff report:
Chapter
Section
Description
151.01
Definitions
- Include the definition of the overlay district
boundaries for signage prohibition.
- Modify the definition for Principal Facade to apply to
all zoning districts.
156.02
Variances
- Strike the section I-540 DOD variance
161.28
Zoning Regulations
- Strike the I-540 DOD section
166.14
Commercial Design and
Development Standards
- Add a requirement for facade articulation throughout
the City similar to the requirement in the I-540 DOD.
174.08
Prohibited Signs
- Keep the I-540 DOD pole sign prohibition and.
relocate to the Sign chapter.
The ordinance amendments are shown n
RECOMMENDATION
igbt and strikeout and are attached to the staff report.
Staff recommends forwarding ADM 10-3554 to the City Council with a recommendation for
approval.
G:IETCIDEVELOPMENT SERVICES REVIEW120I01DEVELOPMENTREVIEWV 0.3554 ADMI-540 DESIGN OVERLAYDIS7R/CfV0-3554 ADM
DESIGN OVERLAY DISTRICTDOC
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 2 of 12
PLANNING COMMISSION ACTION: ves Required
Planning Commission Action: ❑ Forwarded ❑ Tabled ❑ Denied
Motion:
Second:
Vote:
Meeting Date: April 26, 2010
G: IETCIDEVELOPMENT SERVICES REVIEW120101DEVELOPMENT REVIEWI/0-3554 ADM1-540DESIGN OVERLAYDISTRIC7110-3554 ADM
DESIGN OVERLAY DISTRI C T DOC
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 3 of 12
UDC Amendments for ADM 10-3554 1-540 DOD (Mark Up)
CHAPTER 151: DEFINITIONS
040j,Sig0:,P‘10?)(-:1PiOtrict::-(§igris) The Overlay
District encompasses all lands Iying within 660 feet of
each side Pfr't1:19::Tigrq79f-Way Pf,'1-049'frorty the
inteykept!pp:'05;iL540:::;.0d'*410 Highway 471 "(a/k/a
71B) north to the city Iimits of Fayetteville, (a/wOlio
71 Bypass and/or John Paul Hammerschmidt
Expressway), and also that portion known as State
Highway 471 described mor
State Highway 471 which p0hile0tSJ;540-:to State
Highway future
e4eh§ier*(1,bilA46)Iviiitbin the City of
Said boundaries are set out on the officral plat pages'‘‘
suchalong with a legal
description „boundaries
0c4te4firilthkPORdilig.Pii§foiii
Principal Facade (Fer-parpeses-ef--plaeing-builrlings
04Fg404.21:telliffi08-4TLIaal-te-46 Zoning). The
front plane of a building adjacent to. a street
highway right-of-way not including stoops, porches, or
other attached architectural features.
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 4 of 12
CHAPTER 156: VARIANCES
156.02 Zoning Regulations
Certain variances of the zoning regulations may be
applied for as follows:
(A) General regulations. A variance shall not be
granted unless and until an application
demonstrates:
(1) Special conditions. That special conditions
and circumstances exist which are peculiar
to the land, structure, or building involved
and which are not applicable to other lands,
structures, or building in the same district.
(2) Deprivation of rights. That literal
interpretation of the provisions of the zoning
regulations would deprive the applicant of
rights commonly enjoyed by other properties --
in the same district under the terms of the
zoning regulations.
(3) Resulting actions. That the special
conditions and circumstances do not result
from the actions of the applicant.
(4) No special privileges. That granting the.
variance requested will not confer on the
applicant any special privilege that is denfed, by Zoning, Chapters 160 through 565,_ to
other lands, structures, or building in the
same district.
(5) Nonconforming uses. No nonconforming
use of neighboring lands, structures, or
buildings in the same district, and no
permitted or nonconforming use of lands,
structures, or buildings in other districts shall
be considered grounds for the issuance of a
variance.
(B) Consideration by the Planning Commission.
Applications for variances of the following shall
be considered by the Planning Commission.
(a) $pociol conditions: Tho,purpoco of,thh
unnocossary hardship'
(b)` `varianco ;roquostod. ":A varianco''from
a varianco is roqucstcd. This shall bo
(3)
(i) Roquiromonts mot. That tho
vaaaiaco.
(n) tlinirnum'; varianco ; ,That tho
That ho,`granting of tho varianco
welfare . ' ,- __
(d);; Conditions and safoguards.', In granting
Access to structure. The Planning
Commission shall have the authority to
waive the requirement that every building
hereafter erected or moved shall be located
on a lot which has frontage on a public street
when the property owner provides safe and
convenient access for fire protection and
sanitation vehicles.
(4) Building height variance in all zoning
districts.
(a) The Planning Commission shall have
the authority to grant a variance to allow
a proposed structure to exceed building
height limits in all Zoning Districts in
those instances where, owing to special
conditions and circumstances, literal
enforcement of the building height
restrictions would result in unnecessary
hardship or the applicant can show that
the additional height requested will not
adversely affect adjoining or neighboring
property owners.
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 5 of 12
(b) The Planning Commission may
prescribe appropriate conditions and
safeguards to ensure any variance will
not be injurious to the neighborhood, or
otherwise detrimental to the public
welfare.
(5) Building height variance in the C-3 District.
(a) The Planning Commission shall have
the authority to grant a variance to allow
a proposed structure to exceed a height
of 84 feet or six stories in the C-3
District in those instances where, owing
to special conditions and circumstances,
literal enforcement of the building height
restrictions would result in unnecessary
hardship or the applicant can show that
the additional height requested will not
adversely affect adjoining or neighboring
property owners or impair the beauty of
Old Main, the historical churches on
Dickson Street near East Avenue, or the
historical character of Fayetteville.
3
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 6 of 12
CHAPTER 161: ZONING DISTRICTS
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001:444-41a;.44144y=pubile-SikeweLthrieti:
frontago
shati4et‘eriaasieti4ite-theLokeni4416644
4iffri30jiieita
Removed
(15 ft
required in
Ch. 177
Landscape
Rags)
gfeeRsOae9-0004vhee-PfaefleOle;
(2) Signo
Added to Ch.
Iightng may bo uood for illummotion of
ChaPter-474—gigffs—and—aRyananee
shall—be—seffeadefed—PtImmant—te—§
46606-0-1148—Unried—gte4vA9Pment
433—Ge09-641torGne-eklfb-shall-be-anewed-Pec
240-feeefrentage'449-64Fb-euts-shS1-be
allevmckvithin-250-foot-ef-aRy4FILemefilion-
Curb Cuts Must be
at Least 250' from
Intersection
Added to ch.
166 Coml.
Design
Standards
Removed
Removed
(15% required
in Ch. 166
Comm Design
Standards)
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 7 of 12
Removed (fencing GOWNS
in Ch166 Comet Design
Standards)
Removed (outdoor
storage screening
covered in Ch.
166)
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4.44404e4.00.13.14.494414W.4
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s.
1 Security Fence
Panting Lot Aesthetic Fence
el— Strew
Fencino
ttirtos, tc.r.yrrt..:.: tr.
r.tt rt.)
stigteirlacii
Reamed (covered
in Ch.
172 Paridng
11:1101C2113106
Pedestrian Sidewalk or Trail
Comrnercial
f ---Residential
Pedestrian Linkages to Different Zones
v~irmr
Removed
(Adequately
covered by
CIL 166
Carni
design
Standards)
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tha4-49-1434144"E"hfell9h—the—"8—Seale
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final apprc
pilor to Ji
from oonip
16121),
5
Ftemoved
(not necessary
in staffs
opinion)
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 8 of 12
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6
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 9 of 12
CHAPTER 166: DEVELOPMENT
166.14 Commercial Non -Residential
Design And Development Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's
appearance, identity, and natural and
economic vitality.
(2) To address environmental concems which
include, but are not limited to, soil erosion,
vegetation preservation, and drainage.
(3) To protect and preserve the scenic
resources distributed throughout the city
which have contributed greatly to its
economic development, by attracting
tourists, permanent part-time residents, new
industries, and cultural facilities.
(4) To preserve the quality of life and integrate
the different zones and uses in a compatible
manner.
(5) To address the issues of traffic, safety, and
crime prevention.
(6) To preserve property values of surrounding
property.
(7) To provide good civic design and
arrangement.
(13) Applicability. Cemmersial Non-residential design
and development standards apply to all
non-residential
development, excluding Industrial uses.
(C) Site development standards and Design
elements for semmersial non-residential
structures. The following site development
standards and design element guidelines for
semmemiol non-residential structures shall apply
7
when either new development or expansion of
25% of the existing building square footage
occurs.
(1) The elements to avoid or minimize include:
(a) Unpainted concrete precision block
walls;
(b) Square "boxlike" structures;
(c) Metal siding which dominates the main
facade;
(d) Large blank, unarticulated wall surfaces;
(e) Large out of scale signs with flashy
colors.
(2) Construction and appearance design
standards for commercial non-residential
structures.
(a) A serwmereiat non-residential structure
or development shall be designed to
avoid or minimize the elements set forth
in (1)(a) — (d) above.
(b) A serrrraerriat non-residential
development which contains more than
one building should incorporate a
recurring, unifying, and identifiable
theme for the entire development site.
(c) A development should provide
compatibility and transition between
adjoining developments.
(d) All facades facing the public and/or
highway rights-of-way shall be
architecturally designed with features
similar to the principal facade.
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 10 of 12
Fayetteville Code of Ordinances
CHAPTER 174: SIGNS
174.08 Prohibited Signs
(A) Spot lights and beacons. It shall be unlawful for
any person to continue in operation or erect any
attraction device or sign which contains a beacon
of any type and/or contains a spot light providing
direct illumination to the public.
(B) Fluctuating illumination. It shall be unlawful for
any person to erect additional attraction devices
or signs or to continue in operation an attraction
device or sign which flashes, blinks, or is
animated. Illumination of attraction devices or
signs located in the city that fluctuates in light
intensity shall be prohibited. Electronic message
boards using flashing, intermittent or moving light
or lights are prohibited, provided, however, that
electronic message boards displaying only time
and/or temperature for periods of not less than 30
seconds are permitted. Electronic message
boards may change their message every three
hours without violating the prohibition of flashing
or blinking.
(C) Portable swinger or temporary attraction sign
boards. It shall be unlawful for any person to
continue to display or erect any portable swinger,
"A" frame, sandwich, or temporary attraction sign
board in the city, except under the following
conditions:
(1) One (1) freestanding, "A" frame sandwich /
menu board for a single permitted eating
establishment may be permitted on a
commercially zoned lot or on the adjacent
public or private sidewalk in front of the
respective business for the duration of the
business' hours of operation. The temporary
sign shall be removed and placed inside
after business hours.
(2) The sign shall be placed such that the
sidewalk remains ADA compliant, and for
signs located on the public sidewalk there
shall be a minimum of five feet of the total
sidewalk width free and clear, to provide
adequate and unobstructed pedestrian
movement.
(3)
The permitted sign shall only advertise for
the adjacent eating establishment, and is to
be utilized for display of menu items or
advertised specials. The sign may not be
utilized for product placement or to advertise
for other commercial or business
establishments.
(4) The size of the sign shall be limited to 36" tall
by 24" wide.
CD377:
(5)
No sign may be displayed or erected that
swings, rotates, flashes, fluctuates, or is
illuminated, or in any other manner that
would violate the provisions of §174.08.
(D) Revolving, rotating, or moving signs. It shall be
unlawful for any person to erect or to continue
using any sign on the exterior of which revolves,
rotates or otherwise moves, in whole or part.
(E) Windblown signs. It shall be unlawful for any
person to display any windblown sign; provided,
windblown signs may be displayed on a lot, at a
shopping center, or at a mall one time per year
for a period not to exceed 72 hours if a temporary
sign permit is first obtained from the Planning
Division upon payment of the appropriate fee;
provided further, one company flag shall be
permitted to be flown in conjunction with the
United States Flag or Arkansas Flag or both on a
lot, at a shopping center, or mall.
(F) Signs that constitute a traffic hazard. No sign or
other advertising structure as regulated by this
chapter shall be erected at the intersection of any
street in such a manner as to obstruct free and
clear vision; or at any location where, by reason
of the wording, position, shape, or color, it may
interfere with, obstruct the view of or be confused
with any authorized traffic sign, signal or device.
(G) Use of vehicle as sign. It shall be unlawful to use
a vehicle or a trailer as a sign in circumvention of
this chapter.
(H) Off -Site Signs. It shall be unlawful to erect any
off-site sign.
(I) Roof Signs. Roof signs shall not be permitted.
(J) Placing signs on private property. No signs shall
be placed on any private property without the
consent of the owner thereof.
(K) Placing signs on trees. No signs shall be placed
or painted on any tree within the city's right-of-
way or property.
(L) Placing signs on utility poles. No signs shall be
placed on any utility pole except for utility
identification or similar purposes.
(M) Pole Signs in the 1-540 Signage Overlay District.
The only permitted free standing sign in the 1-540
Signage Overlay District shall be monument
signs. Only indirect lighting may be used for
illumination of all signs.
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 11 of 12
April 26, 2010
Planning Commission
ADM 10-3554 UDC Amend Ch 160.28
Agenda Item 3
Page 12 of 12