Cities Go From Regs to Riches

Greg House spent $25,000 trying to save an oak tree in Fayetteville.

It died, and he had to start the project over.

Fayetteville’s tree ordinance is just one of the pitfalls of planning in that city, which is famous for having the toughest design ordinances in Northwest Arkansas.

But the regulations haven’t left all developers out on a limb. Some of them, including House, say green and sign ordinances pay off in the long run by beautifying cities and increasing property values.

House, who owns Houses Inc. in Fayetteville, said it costs about 10 percent to 25 percent more to build a 10,000-SF commercial building in Fayetteville than in Bentonville. But when it comes time to sell or lease, he’ll get an even bigger return on his investment.

Although some developers believe Fayetteville’s ordinances are too strict, the area’s other cities have started implementing similar regulations.

Rogers enacted an ordinance pertaining to trees and landscaping a decade ago and beefed it up in 2004.

“It’s kind of a give and take,” said Erin Rushing, a department manager of local development with CEI Engineering Associates Inc. in Bentonville. “You don’t get to develop as much [land], therefore you have to ask more [for it] to make up for that.”

Rushing said the engineering work alone is about 25 percent higher in Fayetteville than in Bentonville or Rogers.

Signs of the Times

Fayetteville planners have enforced the city’s sign ordinance even when they knew the regulation might chase some businesses up Interstate 540 to one of the neighboring cities.

In 1998, Cracker Barrel Old Country Store of Lebanon, Tenn., wanted to build one of its restaurants on Futrall Drive in Fayetteville, near what is now I-540.

Initially, the company wanted to erect a 100-foot-tall freestanding pole sign, but Fayetteville’s ordinance then allowed for only a 6-foot-tall monument sign in the overlay district. So, for unspecified reasons that appear to have included the sign ordinance, Cracker Barrel moved the restaurant to Springdale instead.

CEI Engineering did the engineering work for the Cracker Barrel. Rushing said Cracker Barrel lost the money it spent for the engineering work at the proposed Fayetteville site, although he couldn’t put an estimate on the amount.

“They were willing to pull the plug on it after they spent several thousands of dollars on design, development, and surveys and go somewhere else,” Rushing said.

Last year, TGI Fridays and Fayetteville’s City Council went in circles trying to find a happy medium regarding the number of signs the restaurant could put on its proposed building. Before the issue went to court, the two parties came to an agreement. The city allowed TGI Fridays to incorporate its slogan, “In here, it’s always Friday,” as a monument sign even though it’s not actually part of the business name.

Fayetteville’s Tree and Landscape Advisory Committee, which was created in 1993, works with developers and engineers before construction begins.

Jeremy Pate, Fayetteville’s planning director, said he doesn’t think the ordinances have kept developers away from the city. If anything, there’s been an increase overall.

“In 2005, the planning commission approved a total of approximately 880,000 SF of nonresidential space, increasing again from the previous year’s number,” Pate said.

Pate said Fayetteville’s standards for commercial structures have been in place since the 1970s, and although they’ve been modified several times, they’re not a big surprise for developers.

“Most projects that come through this office have only minor issues to address to meet those standards,” he said. “In fact, we are seeing an influx of developers from out of town, some of which have commented that our standards are on par with other growing communities in the greater region.”

Fayetteville

“If I had to rank the cities in order of ease of process, it would be Bentonville, Springdale, Rogers and Fayetteville,” said Tim Sorey, partner with Sand Creek Engineering & Landscape Architecture in Bentonville.

Fayetteville’s ordinances have long been a thorny issue for developers. The city’s ordinances regulate trees, signs and building appearances in C-2 commercial thoroughfare zones as well as other parts of the city.

The biggest restriction regarding signs, Pate said, are that pole signs are not allowed along I-540, and off-site signs like billboards aren’t allowed. There are also restrictions on how many signs are permitted on a building, and an ordinance that keeps building from being boxlike, or square.

But one of the pickier issues that developers find about Fayetteville’s ordinances is the Tree Preservation Ordinance. Some find the regulations annoying, but some, like Pate, feel it’s an environmental issue that gives back to the city, creating a healthy environment.

“The Fayetteville community should pride itself, in my opinion, for being concerned with and being able to balance the environmental objectives of the community with the significant growth that we are experiencing,” Pate said.

Sorey said he’s found that doing work in college towns is typically more complicated or can take longer to permit. He said Fayetteville’s permit process is fairly complicated and requires a lot of coordination with various staff members throughout the course of a project.

But the more a developer or engineer works with a city, the easier the process becomes.

“Each city has its own set of unique challenges,” Rushing said. “Some cities are obviously a little more stringent than others. Some are a little bit easier to work with.”

Bentonville

Sorey said building in Bentonville is less complicated than in other area cities.

“[The ordinances] are to control aesthetic qualities,” said Troy Galloway, Bentonville’s planning director. “In Bentonville, our focus isn’t on the process. The process is necessary, but our focus is on the product.”

The city’s overall intent isn’t to be difficult, he said, but to keep architectural integrity. And developers, in general, haven’t had a problem with the ordinances, Galloway said.

Sign ordinances in the C-2 general commercial zone tend to be lengthy, but not as intense as Fayetteville’s. Off-property signs are only permitted along I-540. One freestanding sign per building is permitted but cannot exceed 30 feet in height. There are limits on the number of signs that can be put up, but the community development director can consider additional signs.

There aren’t any ordinances regarding trees or vegetation, but 20 percent of the property must be designated as an open space with grass or shrubs. Rushing said Bentonville has stepped up its irrigation ordinance. Now a developer has to show the city how they plan to address irrigation.

“[Bentonville] is wanting to step up some of their preservation efforts and landscaping efforts,” Rushing said. “Obviously they want to be a pristine city.”

Rogers

If any other area city appears to be emulating Fayetteville regarding ordinances, its Rogers.

No off-site signs are allowed in the C-2 commercial district zone. One freestanding sign is permitted but can’t be higher than 35 feet, unless the property is in the Interstate Sign District along I-540, then it can go up to 70 feet. One wall sign is permitted on a building and cannot exceed 200 SF in area, unless it’s a large building, then the area is taken into consideration, said Derrel Smith, Rogers’ senior planner.

The open space ordinance is intricate, requiring a certain amount of space on each side of the building. Twenty percent of the property has to be open space, with new trees or shrubs planted at intervals of every 1,000 SF.

“I don’t think that we’re any more difficult than any other place,” Smith said. “We’re trying to have things that have a certain look to make sure they’re attractive to people coming in.”

Smith said many times businesses go beyond the city’s codes, putting in three times as much as what is required. That, he said, encourages other businesses going in next to them to do the same.

Springdale

Traditionally, Springdale has been one of the most affordable places to build in Northwest Arkansas in addition to having design codes that don’t dissuade developers.

But that could change.

Patsy Christie, Springdale’s planning director, said commercial design standards are being considered for new construction. They would address aesthetic quality, particularly exterior building materials, color and signs.

The color of the building would need to be “low reflecting, subtle, neutral or earth-tone colors,” she said. The proposed ordinance will go before the city council Feb. 14.

The city’s sign ordinances are fairly simple. There are no regulations on on-site signs, and off-site signs (billboards) are permitted. But Springdale does have a position on landscaping, requiring open space with trees and shrubs.

“We really put those kinds of things that control development so it levels the playing field,” Christie said.

Fayetteville Ordinances

For C-2 commercial thoroughfare zone.

Signage: Off-site signs are prohibited, as well as portable, rotating or temporary signs.

Only one on-site freestanding sign is allowed. It cannot be taller than 30 feet above street level, and the display surface cannot exceed 10 SF at the right of way. The maximum display surface of a sign 40 feet or more from a right-of-way is 75 SF.

Landscaping: A 15-foot wide landscaped area must be provided along the front of the property line.

Trees must be planted in the 15-foot landscaped area at a ratio of one tree every 30 feet. Trees planted must have a two-inch diameter measured six inches above ground level with at least 50 percent of the trees able to reach heights of 60 feet or more. Each tree must have a minimum of 100 SF of space under the tree.

Appearance: Avoid or minimize unpainted concrete walls, square “boxlike” structures, metal siding which dominates the main fa?ade, and out of scale signs with flashy colors.

Source: City of Fayetteville

Bentonville Ordinances

For C-2, general commercial zone.

Signage: Off-site signs are only permitted along Interstate 540. Maximum sign area is 120 SF with a maximum height of 30 feet. Restaurants, hotels, motels and gas stations can have signs up to 70 feet in height if the property on which the sign is located is within 500 feet of I-540.

One freestanding sign is permitted with a maximum height of 30 feet and a maximum sign area of 1 SF per linear foot of street frontage, which cannot exceed 100 SF. Setback for freestanding signs are: five feet for a sign area with 32 SF or less and 10 feet for a sign area of more than 32 SF, and a sign adjacent to residential property has to be set back 25 feet.

The community development director can consider additional signs upon approval.

Landscape: Twenty feet of open space is required on the property.

Appearance: There are no specifications for appearances in C-2 zones.

Source: City of Bentonville

Rogers Ordinances

For C-2, commercial district zone.

Signage: One freestanding sign is permitted and cannot exceed 200 SF in an area and 35 feet in height with a six-foot clearance between the ground and the bottom of the sign.

No off-site signs are permitted.

An Interstate Sign District within the C-2 zone allows one additional freestanding on-premise sign with a maximum height of 70 feet and a minimum height of 35 feet. The total sign area cannot exceed 200 SF.

Landscape: Not less than 20 percent of the gross site area should be open space if the large-scale development site is less than two acres. If it is over two acres, then 15 percent of the total land area is required to be landscaped.

One new tree or shrub must be planted for each 1,000 SF, up to 2 acres. For over 2 acres, one new tree or shrub should be planted for each 2,000 SF.

Any tree that loses its leaves must be balled and burlapped, with a 1.5-inch caliper minimum. Shade trees should be balled and burlapped, with a minimum 2.5-inch caliper. Shrubs should be a minimum of five-gallon size. Twenty perennials with a six-inch pot size can equal one tree or shrub but can only make up 25 percent of the required number of vegetation.

Appearance: There are no specifications for appearances in C-2 zones.

Source: City of Rogers

Springdale Ordinances

For C-2, general commercial zone.

Signage: Billboards are permitted and can have a maximum of two sign faces, one per side. Each face should have a maximum total area of 300 SF, except for billboards located adjacent to a divided highway, which may have a maximum sign face area of 600 SF. Billboards cannot exceed 45 feet in height.

Landscape: Front property line should have a landscape buffer not less than 10-feet wide. A landscaped buffer, not less than 10-feet wide, along the front property line. A minimum of 10 percent of the total surface area of the development should be open space for grass, shrubs and trees.

Appearance: There are no specifications for appearance in C-2 zones.

Source: City of Springdale