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Home My WebLink AboutORDINANCE 5951Of.FAY'E rrF v m 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5951 File Number: 2017-0015 AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 174.09 SIGN ILLUMINATION OF THE UNIFIED DEVELOPMENT CODE TO REPEAL UNNEEDED DEFINITIONS AND TO REMOVE A REQUIREMENT THAT SIGN ILLUMINATION IN THE I-540 OVERLAY DISTRICT BE INDIRECT WHEREAS, after a couple square, all steel siding, box -like buildings appeared near Interstate 49 (then I- 540) in Fayetteville, the City Council was concerned that future development along the interstate would be deterred from constructing quality, attractive buildings if their neighbors might construct these cheap and unattractive buildings nearby which could devalue their investment and development; and WHEREAS, after very contentious meetings, the City Council enacted the I-540 Design Overlay District to ensure higher quality development near the interstate; and WHEREAS, a couple of years after the success of the design standards of the I-540 Overlay District, the City Council enacted the city-wide Commercial Design Standards and later repealed most of the unnecessary I-540 Design Overlay District requirements; and WHEREAS, the indirect lighting requirement for signs in the I-540 Overlay District is now obsolete and should be repealed and the direct illumination requirement amended to reflect new technology. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas hereby repeals the definitions of "Illumination direct" and "Illumination, indirect" of § 151.01 Definitions of the Unified Development Code. Page 1 Printed on 218117 Ordinance: 5951 File Number., 2017-0015 Section 2. That the City Council of Fayetteville, Arkansas hereby amends §174.09 Sign Illumination by amending (A) to read: "Illumination is restricted to incandescent lights bulbs rated at 150 watts or less or other type of light emitting source's equivalent lumen output not to exceed 2,700 lumens." and by repealing (B). PASSED and APPROVED on 2/7/2017 Attest: . Sondra E. Smith, City Clerk .�4IEFtxd �sr9f�� :�. C,1T Y .1 rTEVIL 1. 1. YE �A G. tON Page 2 Printed an 2/8/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0015 Agenda Date: 2/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 8 AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 174.09 SIGN ILLUMINATION OF THE UNIFIED DEVELOPMENT CODE TO REPEAL UNNEEDED DEFINITIONS AND TO REMOVE A REQUIREMENT THAT SIGN ILLUMINATION IN THE 1-540 OVERLAY DISTRICT BE INDIRECT WHEREAS, after a couple square, all steel siding, box -like buildings appeared near Interstate 49 (then 1-540) in Fayetteville, the City Council was concerned that future development along the interstate would be deterred from constructing quality, attractive buildings if their neighbors might construct these cheap and unattractive buildings nearby which could devalue their investment and development; and WHEREAS, after very contentious meetings, the City Council enacted the 1-540 Design Overlay District to ensure higher quality development near the interstate; and WHEREAS, a couple of years after the success of the design standards of the 1-540 Overlay District, the City Council enacted the city-wide Commercial Design Standards and later repealed most of the unnecessary 1-540 Design Overlay District requirements; and WHEREAS, the indirect lighting requirement for signs in the I-540 Overlay District is now obsolete and should be repealed and the direct illumination requirement amended to reflect new technology. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas hereby repeals the definitions of "Illumination direct" and "Illumination, indirect" of §151.01 Definitions of the Unified Development Code. Section 2. That the City Council of Fayetteville, Arkansas hereby amends §174.09 Sign Illumination by amending (A) to read: "Illumination is restricted to incandescent lights bulbs rated at 150 watts or less or other type of light emitting source's equivalent lumen output not to exceed 2,700 lumens." and by repealing (B). City of Fayetteville, Arkansas Page 1 Printed on 21812017 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 7.017-00.5 Legistar File ID 2/7/7017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/20/2017 City Planning/ Development Services Department Submitted Date -Division / Department Action Recommendation: ADM 16-5697 Administrative Item (UDC CHAPTER 151 & 174.09/UDC AMENDMENT SIGN ILLUMINATION): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 151 and 174.09 to eliminate the sign illumination requirement in the 1-540 Design Overlay District. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Fund Project Title Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF T1 'V ARKANSAS MEETING OF FEBRUARY 7, 2017 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, Planning Director DATE: - January 20, 2017 SUBJECT: ADM 16-5697 Administrative Item (UDC CHAPTER 151 & 174.09/UDC AMENDMENT SIGN ILLUMINATION): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 151 and 174.09 to eliminate the sign illumination requirement in the 1-540 Design Overlay District. RECOMMENDATION: The Cty Planning staff and Planning Commission recommend approval of an ordinance to amend UDC Chapters 151 and 174.09 to eliminate the sign illumination requirement in the 1-540 Design Overlay District and to clarify the lighting illumination requirement. Background: The City of Fayetteville adopted the 1-540 Design Overlay District in 1994 to protect and enhance the distinctive scenic quality for the 1-540 Highway Corridor and to address traffic, safety, and environmental concerns. The regulations included in this district (1-540 DOD) for all nonresidential development 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 1-540 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 left a majority of the 1-540 DOD requirements redundant or outdated. As a result, a majority of the 1-540 DOD requirements were eliminated in 2012. One of the remaining requirements that appears to be unnecessary is for sign illumination. UDC Section 174.09 specifies that "Only indirect illumination may be used for all illumination of signs the 1-540 DOD". This section of code also limits direct illumination of all signs in the city to light bulbs of 150 watts or less. Proposal: Staff proposes the following code changes as outlined below and shown in the attached document in highlight and stdkeeut: • 174.09 Sign Illumination - remove the 1-540 DOD illumination requirement and clarify the maximum illumination requirement throughout the city 151 Definitions - remove the definitions of "direct" and "indirect" illumination Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The proposed code changes would eliminate an unnecessary requirement and limitation for sign illumination in the 1-540 DOD. This code has proven problematic for some businesses desiring a different type of lighting for their signs. Additionally, signs elsewhere in the city have been effectively regulated without this requirement. The maximum illumination requirement that refers only to 'watts' is largely outdated as signs are now typically lit by LED bulbs which are usually rated in 'lumens'. This code section has caused some confusion from staff and sign companies in the sign permit process and staff proposes clarification. The restrictions for pole signs in the 1- 540 DOD will be retained given the positive impact to the community this requirement has provided in this visually prominent area of the city. DISCUSSION: This code change was discussed at the January 9, 2017 Planning Commission meeting where it was forwarded with a recommendation for approval by a vote of 7-1-0 (Commissioner Brown voted 'no'). Commissioner Brown recommended that the section of code referring to a maximum amount of illumination from a sign be retained and clarified to accommodate more modern measurements of illumination such as 'lumens'. Staff has incorporated Commissioner Brown's concerns into the current proposal. BUDGET/STAFF IMPACT: None Attachments: • Proposed code changes shown in highlight and strikeout ADM 16-5697 Proposed Code Changes in highlight and S*..�t 151.01 Definitions 44yP*)atie", .hiGh eI the.jyf4"i:�int9-the-Eyeheviewer t4 i g SIF �+, c •,mss ; t aaiwetieri se arr ed that them 4i se„ected Trsrn the sign to the eyes of-4he v ewer. 174.09 Sign Illumination (A) Rirenf iilurninaVen by imgarid-r- - - i light b.'Ih_ ,h.-be-res#i4e'fi-to- 19 t�3�it�5 ��tari 'c cr c*tTva�Ycitt�v tHeFxS- IIlumination is restricted to incandescent _lighis bulbs rated at 150 watts or less or other Type of light emitting source's equivalent lumen output not to exceed 2.700 lumens. 4.B-y-QAy4r,direGt ilk kw ay-be--fsed foF ilium e#ati �r}�i#�i�tt�e l a40 2ver�a,, n7 �ratriGt boo ^Oap - RECEIVED FEB 2 3 2017 IRFFIENORTHWE A1KfNsAs CT CLEK'S OC -__,-,Democrat 1poazette G. BOX 1", ..i.. .. 13 .U.� .; IG1b � .. is 1. f.. �.. '."Fa. 1N._6.1y 1 tC ° 1, Ys Yv .:tyeti 1. J.C. l.t j'( AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - CITY OF FAYETTEVILLE Ord. 5951 Was inserted in the Regular Edition on: February 16, 2017 Publication Charges: $ 128.70 Karen Caler Subscribed and sworn to before me This qday of , 2017. aca, W,& Notary Public My Commission Expires: ZI2__) �Za Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5951 File Number: 2017-0015 AMEND §151.01 DEFINITIONS AND $174.09 SIGN ILLUMINATION: AN ORDINANCE- TO AMEND $151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION OF THE UNIFIED DEVELOPMENT CODE TO REPEAL UNNEEDED DEFINITIONS AND TO REMOVE A REQUIREMENT THAT SIGN ILLUMINATION IN THE 1-540 OVERLAY DISTRICT BE INDIRECT WHEREAS, after a couple square, all steel siding, box -like buildings appeared near Interstate 49 (then I-540) in Fayetteville, the City Council was concerned that future development along the interstate would be deterred from constructing quality, attractive buildings if their neighbors might construct these cheap and unattractive buildings nearby which could devalue their investment and development; and WHEREAS, after very contentious meetings, the City Council enacted the I- 540 Design Overlay District to ensure higher quality development near the interstate; and WHEREAS, a couple of years after the success of the design standards of the I- 540 Overlay District, the City Council enacted the city-wide Commercial Design Standards and later repealed most of the unnecessary I-540 Design Overlay District requirements; and WHEREAS, the indirect lighting requirement for signs in the I-540 Overlay District is now obsolete and should be repealed and the direct illumination requirement amended to reflect new technology. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1. That the City Council of Fayetteville, Arkansas hereby repeals the definitions of ".Illumination direct" and "Illumination, indirect" of §151.01 Definitions of the Unified Development Code. Section 2. That the City Council of Fayetteville, Arkansas hereby amends §174.09 Sign Illumination by amending (A) to read: "Illumination is restricted to incandescent lights bulbs rated at 150 watts or less or other type of light emitting source's equivalent lumen output not to exceed 2,700 lumens." and by repealing (B). PASSED and APPROVED on 2/7/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74025674 Feb. 16, 2017 2LI"J" 2024 r„ **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5951 File Number: 2017-0015 AMEND §151.01 DEFINITIONS AND $174.09 SIGN ILLUMINATION: AN ORDINANCE- TO AMEND $151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION OF THE UNIFIED DEVELOPMENT CODE TO REPEAL UNNEEDED DEFINITIONS AND TO REMOVE A REQUIREMENT THAT SIGN ILLUMINATION IN THE 1-540 OVERLAY DISTRICT BE INDIRECT WHEREAS, after a couple square, all steel siding, box -like buildings appeared near Interstate 49 (then I-540) in Fayetteville, the City Council was concerned that future development along the interstate would be deterred from constructing quality, attractive buildings if their neighbors might construct these cheap and unattractive buildings nearby which could devalue their investment and development; and WHEREAS, after very contentious meetings, the City Council enacted the I- 540 Design Overlay District to ensure higher quality development near the interstate; and WHEREAS, a couple of years after the success of the design standards of the I- 540 Overlay District, the City Council enacted the city-wide Commercial Design Standards and later repealed most of the unnecessary I-540 Design Overlay District requirements; and WHEREAS, the indirect lighting requirement for signs in the I-540 Overlay District is now obsolete and should be repealed and the direct illumination requirement amended to reflect new technology. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1. That the City Council of Fayetteville, Arkansas hereby repeals the definitions of ".Illumination direct" and "Illumination, indirect" of §151.01 Definitions of the Unified Development Code. Section 2. That the City Council of Fayetteville, Arkansas hereby amends §174.09 Sign Illumination by amending (A) to read: "Illumination is restricted to incandescent lights bulbs rated at 150 watts or less or other type of light emitting source's equivalent lumen output not to exceed 2,700 lumens." and by repealing (B). PASSED and APPROVED on 2/7/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74025674 Feb. 16, 2017