HomeMy WebLinkAboutOrdinance 4423 ORDINANCE NO, 4423
AN ORDINANCE CREATING USE UNIT 35 OUTDOOR MUSIC
ESTABLISHMENTS IN CHAPTER 162 USE UNITS OF THE
FAYETTEVILLE UDO AND AMENDING CHAPTER 161 ZONING
REGULATIONS TO ALLOW USE UNIT 35 IN C- 19 C-21 C-3, AND C-4
ZONING DISTRICTS AS A CONDITIONAL USE.
WHEREAS, on August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating § 163.30
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C- 1 , C-2, C-3,
and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts; and
WHEREAS, a use unit for outdoor music establishments needs to be established and indicated as a
conditional use in certain zoning districts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That § 162.01 , 11. Unit 35 Outdoor Music Establishments, a copy of which marked
Exhibit "A" attached hereto and made a part hereof, is hereby adopted and made part of the Unified Development
Ordinance, Code of Fayetteville.
Section 2. That § 161 . 13 District C- 1 Neighborhood Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "B" attached hereto and made a part hereof.
Section 3. That § 161 . 14 District C-2 Thoroughfare Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "C" attached hereto and made a part hereof.
Section 4. That § 161 . 15 District C-3 Central Commercial., of the Unified Development Ordinance,
Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "D" attached hereto and made a part hereof.
Section 5. That § 161 . 16 District C-4 Downtown., of the Unified Development Ordinance, Code of
Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "E" attached hereto and made a part hereof.
'4/J
PASSED and APPROVED this day of . 2002.
APPROVED:
By:
r DAN OODY, ayor
ATTEST:
d, HEATHER WOODRUFF, City Clerk��
y
ord . 4423
Exhibit "Err Unit 21 Warehousing and Wholesale
Unit 22 Manufacturing
§162.01 Establish men t/Listing. The
various use units referred to in the zoning Unit 23 Heavy Industrial
district provisions are herein listed in Unit 24 Outdoor Advertising
numerical order. Within the use units, the
permitted uses are ordinarily listed in Unit 25 Professional Offices
alphabetical order. In these use units where Unit 26 Single-Family Dwellings
there is a preliminary descriptive statement
Unit 27 Wholesale Bulk Petroleum Storage
(which may mention specific Uses) in Facilities with Underground Storage
addition to the detailed list of uses, the Tanks
detailed list shall govern. Unit 28 Center for Collecting Recyclable
Materials
USE UNITS Unit 29 Single-Family, Two-Family and
Unit 1 City-Wide Uses by Right Three-Farruly Dwellings
Unit 2 City-Wide Uses by Conditional Use Unit 30 Extractive Uses
Permit
Unit 3 Public Protection and Utility Facilities Unit 31 Facilities Emitting Odors and
Facilities Handlin Ex olives
Unit 4 Cultural and Recreational Facilities Unit 32 Sexually Oriented Businesses
Unit 5 Government Facilities Unit 33 Adult Live Entertainment Club or Bar
Unit 6 Agriculture Unit 34 Liquor Store
Unit 7 Animal Husbandry Unit 35 Outdoor Music Establishment
Unit 8 Single-Family, Duplexes, and
Townhouse Dwellings 11. Unit 35. Outdoor Music Establishment
Unit 9 Multifamily Dwellings - Medium
Density 1. Description. Unit 35 includes any
Unit 10 Multifamily Dwellings - business or establishment that has a garden, patio,
High Density rooftop or premises not wholly enclosed by solid
Unit 11 Mobile Home Park walls and fully roofed in which amplified or loud
music is played that could be audible at nearby
Unit 12 Offices, Studios and Related Services residences or business.
Unit 13 Eating Places 2. Included Uses.
Unit 14 Hotel, Motel and Amusement Outdoor Music Establishments
Facilities
Unit 15 Neighborhood Shopping Goods
Unit 16 Shopping Goods
Unit 17 Trades and Services
Unit 18 Gasoline Service Station and Drive-In
Restaurants
Unit 19 Commercial Recreation
Unit 20 Commercial Recreation, Large Sites
ord . 4423
Exhibit "B"
D. Building Area. On any lot the
§161 .13 DISTRICT C-1 NEIGHBOR- area occupied by all buildings shall not
HOOD COMMERCIAL. exceed 40% of the total area of such lot.
E. Height Regulations. There shall
A. Purpose. The Neighborhood be no maximum height limits in C- 1
Commercial District is designed primarily to District, provided, however, that any
provide convenience goods and personal building which exceeds the height of ten feet
services for persons living in the shall be set back from any boundary line of
surrounding residential areas. any residential district a distance of one foot
for each foot of height in excess of ten feet.
B. Uses.
(Code 1991 , § 160.035 ; Code 1965 , App. A,
1 . Permitted Uses. Art. 5(V); Ord. No. 1747, 6-29-89 ; Ord. No.
Unit 1 City-Wide Uses by Right 2603, 2- 19-80)
Unit 12 Offices, Studios and Related
Services
Unit 13 Eating Places
Unit 15 Neighborhood Shopping
Unit 18 Gasoline Service Stations and
Drive-In Restaurants
Unit 25 Professional Offices
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational
Facilities
Unit 35 Outdoor Music Establishments
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the following minimum re uirements:
From Street ROW 50 ft.
From Side Property Line None
From Side Property Line 10 ft.
When Contiguous to a
Residential District
From Back Property Line 20 ft.
• • ord , 4423
Exhibit «C» Unit 28 Center for Collecting
Recyclable Materials
§161 .14 DISTRICT C-2 THOROUGH- Unit 32 Sexually Oriented Business
FARE COMMERCIAL. Unit 35 Outdoor Music Establishments
A. Purpose. The Thoroughfare
Commercial District is designed especially C. Bulk and Area Regulations.
to encourage the functional grouping of Setback lines shall meet the following
these commercial enterprises catering minimum requirements:
primarily to highway travelers. From Street ROW 50 ft.
From Side Property Line None
B. Uses. From Side Property Line 15 ft.
When Contiguous to a
1 . Permitted Uses, Residential District
Unit 1 City-Wide Uses by Right From Back Property 20 ft.
Unit 4 Cultural and Recreational Line
Facilities
Unit 12 Offices, Studios and Related D. Building Area. On any lot the
Services area occupied by all buildings shall not
Unit 13 Eating Places exceed 60% of the total area of such lot.
Unit 14 Hotel, Motel and Amusement E. Height Regulations. In District
Facilities C-2 any building which exceeds the height
Unit 15 Neighborhood Shopping Goods of 20 feet shall be set back from any
Unit 16 Shopping Goods boundary line of any residential district a
distance of one foot for each foot of height
Unit 17 Trades and Services in excess of 20 feet. No building shall
Unit 18 Gasoline Service Stations and exceed six stories or 75 feet in height.
Drive-In Restaurants (Code 1991 &g160.036; Code 1965, App. A,
Unit 19 Commercial Recreation Art. 5(VI); ' Ord. No. 1747, 6-29-89. Ord.
No. 1863 , 11 - 1 -71 Ord. No. 2351 , 6-' - 177 ;
Unit 20 Commercial Recreation, Large Ord. o.9 2603, J- 19-80; Ord. No. 4034,
Sites
Unit 24 Outdoor Advertising
Unit 33 Adult Live Entertainment Club
or Bar
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 21 Warehousing and Wholesale
. ord . 4423
Exhibit "D,, Unit 28 Center for Collecting
Recyclable Materials
§161 .15 DISTRICT C-3 CENTRAL Unit 35 Outdoor Music
COMMERCIAL. Establishments
A. Purpose. The Central C. Bulk and Area
Commercial District is designed to Regulations/ Setbacks. Setback lines shall
accommodate the commercial and related meet the followingminimum re uirements:
uses commonly found in the central business Central Shopping
district or regional shopping centers which Business Center
provide a wide range of retail and personal District
service uses. From Street ROW 5 ft. 25 ft.
B. Uses. From Street ROW 50 ft. 50 ft.
1 . Permitted Uses. if Parking is
Unit 1 City-Wide Uses by Ri ht Allowed Between
Unit 4 Cultural and Recreational the ROW and the
Facilities Building
Unit 5 Government Facilities From Side None None
Property Line
Unit 9 Multifamily Dwelling - Low From Side 10 ft. 25 ft.
Density Property Line
Unit 10 Multifamily- High Density When Contiguous
Unit 12 Offices, Studios and Related to a Residential
Services District
Unit 13 Eating Places From Back 15 ft. 25 ft.
Property Line
Unit 14 Hotel, Motel and Without Ease-
Amusement Facilities ment or Alley
Unit 15 Neighborhood Shopping From Centerline 10 ft. 10 ft.
Goods Line of a Public
Unit 16 Shopping Goods Alley
Unit 18 Gas Service Stations and
Drive-In Restaurants (Code 1991 , § 160.037; Code 1965 , App. A,
Unit 19 Commercial Recreation Art. 5(VII); Ord. No. 1747, 6-29-89; Ord.
No. 2351 , 6-21 -77; Ord. No. 2603 , 2- 19-80)
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 19 Trades and Services
• . ord . 4423
Exhibit "E" Unit 28 Center for Collecting
Recyclable Materials
§161 .16 DISTRICT C-4 DOWNTOWN, Unit 35 Outdoor Music Establishments
A. Purpose. The Downtown C. Bulk and Area
District is designed to accommodate the Regulations/Setbacks. Setback lines shall
commercial, office, governmental and meet the following minimum requirements:
related uses commonly found in the central From Street ROW 5ft.
downtown area which provide a wide range From Street ROW if a None
of retail, financial, professional office, and Sidewalk is in Existence
governmental office uses. or to be Provided
B. Uses.
From Side Property Line None
From Side Property Line 10 ft.
1 . Permitted Uses. When Contiguous to a
Unit 1 City-Wide Uses by Right Residential District
From Back Property Line None
Unit 4 Cultural and Recreational without Easement or
Facilities Alley
Unit 5 Government Facilities From Center Line of an 8 ft.
Unit 12 Offices, Studios and Related I Easement or Alley
Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and Amusement (Code 1991 ; § 160.038 ; Code 1965, App. A,
Art. 5 (VII(a)); Ord. No. 1747, 6-29-89;
Facilities Ord. No. 2148, 10-7-75 ; Ord. No. 2351 , 6-
Unit 15 Neighborhood Shopping 21 -77; Ord. No. 2362, 8-2-77)
Goods
Unit 16 Shopping Goods
Unit 19 Commercial Recreation
Unit 25 Professional Offices
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 10 Multifamily Dwelling- High
Density
Unit 17 Trades and Services
Unit 18 Gas Service Station and Drive-
In Restaurants
NAME OF FILE: Ordinance No. 4423
CROSS REFERENCE:
Item # Date Document
1 10/01 /02 Ordinance 4423
2 10/01 /02 Staff Review Form
3 09/05/02 Memo to Mayor Coody from Tim Conklin
09/05/02Memo to Fayetteville Planning Commission from Shelli
4 Rushing
5 09/09/02 Planning Commission Meeting
8 10/08/02 Memo to Kevin Springer from Heather Woodruff
NOTES ;
STAFF REVIEW FORM
x Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of October 1 , 2002 .
FROM:
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To adopt an ordinance creating Use Unit 35 Outdoor Music
Establishments in Chapter 162 Use Conditions and adding Use Unit 35 to C- 1 , C-2 ,
C- 3 , and C- 4 zoning districts in Chapter 161 Zoning Regulations of the Unified
Development Ordinance .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Accounting anager Date ADA Coordinator Date
� /L -ate
Cit Attorkiey Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on September 9 ,
2002 the Planning Commission voted 8 - 0 - 0 to recommend the ordinance
be approved by the City Council .
Cross Reference
�Di
"%� ^ 11�a/t1'6 v
Deprarbdent Director Date New Item : Yes No
Adm ' istrati Services Date Prev Ord/Res# :
Di e or JJ//1J''J��L�,, ,`�`
Mayor Date Orig Contract Date :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, A.I.C.P., City Planner
DATE: September 5, 2002
BACKGROUND
On August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating 163 .30
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in
the C- 1 , C-2, C-3 and C-4 zoning districts and prohibiting outdoor music establishments in all
other zoning districts. This ordinance needs to be incorporated into Chapter 161 Zoning
Regulations and Chapter 162 Use Conditions of the Unified Development Ordinance. Staff is
proposing the attached ordinance to ensure the UDO reflects the new outdoor music
establishment ordinance.
CURRENTSTATUS
Staff recommended approval and on September 9, 2002 the Planning Commission voted 8-0-0 to
recommend approval of the ordinance amendment.
RECOMMENDATION
Staff recommends City Council approve the amendment.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, A.I.C.P., Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: September 5, 2002
ADM 02-30.00: Administrative Item (Outdoor Music Establishments) to approve an
ordinance creating Use Unit 35 Outdoor Music Establishments in Chapter 162 Use Conditions
and adding Use Unit 35 to C- 1 , C-21 C-3, and C-4 zoning districts in Chapter 161 Zoning
Regulations of the Unified Development Ordinance.
RECOMMENDATION
Staff recommends Planning Commission recommend approval and forward to City Council.
BACKGROUND
On August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating 16330
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in
the C- 1 , C-2, C-3 and C-4 zoning districts and prohibiting outdoor music establishments in all
other zoning districts. This ordinance needs to be incorporated into Chapter 161 Zoning
Regulations and Chapter 162 Use Conditions of the Unified Development Ordinance. Staff is
proposing the attached ordinance to ensure the UDO reflects the new outdoor music
establishment ordinance.
ORDINANCE NO,
AN ORDINANCE CREATING USE UNIT 35 OUTDOOR MUSIC
ESTABLISHMENTS IN CHAPTER 162 USE . UNITS OF THE
FAYETTEVILLE UDO AND AMENDING CHAPTER 161 ZONING
REGULATIONS TO ALLOW USE UNIT 35 IN C-1 , C-2, C-3, AND C-4
ZONING DISTRICTS AS A CONDITIONAL USE.
WHEREAS, on August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating § 163.30
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C-1 , C-2, C-3,
and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts; and
WHEREAS, a use unit for outdoor music establishments needs to be established and indicated as a
conditional use in certain zoning districts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That § 162.019 Il. Unit 35 Outdoor Music Establishments, a copy of which marked
Exhibit "A" attached hereto and made a part hereof, is hereby adopted and made part of the Unified Development
Ordinance, Code of Fayetteville.
Section 2. That § 161 . 13 District C- 1 Neighborhood Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "B" attached hereto and made a part hereof.
Section 3. That § 161 . 14 District C-2 Thoroughfare Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "C" attached hereto and made a part hereof.
Section 4. That § 161 . 15 District C-3 Central Commercial., of the Unified Development Ordinance,
Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "D" attached hereto and made a part hereof.
Section 5. That § 161 . 16 District C4 Downtown., of the Unified Development Ordinance, Code of
Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "E" attached hereto and made a part hereof.
PASSED and APPROVED this day of 2002.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
HEATHER WOODRUFF, City Clerk
Exhibit "A"
§162.01 Establishment/Listing. The Unit 19 Commercial Recreation
various use units referred to in the zoning Unit 20 Commercial Recreation, Large Sites
district provisions are herein listed in
numerical order. Within the use units, the Unit 21 Warehousing and Wholesale
permitted uses are ordinarily listed in Unit 22 Manufacturing
alphabetical order. In these use units where
there is a preliminary descriptive statement Unit 23 Heavy Industrial
(which may mention specific uses) in
Unit 24 Outdoor Advertising
addition to the detailed list of uses, the
detailed list shall govern. Unit 25 Professional Offices
USE UNITS Unit 26 Single-Family Dwellings
Unit 1 City-Wide Uses by Right Unit 27 Wholesale Bulk Petroleum Storage
Unit 2 City-Wide Uses by Conditional Use Facilities with Underground Storage
Permit Tanks
Unit 3 Public Protection and Utility Facilities Unit 28 Center for Collecting Recyclable
Materials
Unit 4 Cultural and Recreational Facilities Unit 29 Single-Family, Two-Family and
Unit 5 Government Facilities Three-Family Dwellings
Unit 30 Extractive Uses
Unit 6 Agriculture
Unit 31 Facilities Emitting Odors and
Unit 7 Animal Husbandry Facilities Handling Ex osives
Unit 32 Sexually Oriented Businesses
Unit 8 Single-Family, Duplexes, and
Townhouse Dwellings Unit 33 Adult Live Entertainment Club or Bar
Unit 9 Multifamily Dwellings - Medium
Density Unit 34 Liquor Store
Unit 10 Multifamily Dwellings - Unit35 Outdoor Music Establishmeni
High Density
Unit I 1 Mobile Home Park
Unit 12 - Offices, Studios and Related Services U. Unit 35. Outdoor Music Establishment
Unit 13 Eating Places 1. Description Unit 35;Includes any,
business or,establishment thairhas=a kiirden; patio,,
Unit 14 Hotel, Motel and Amusement roatiop or premises noliwholly enclosed by solid
Facilities wal[s.pnd fully roofed.in which;ampliifi d or.loud
Unit 15 Neighborhood Shopping Goods music'is played that could be audible at nearby
res=deuces orzbusiness..
Unit 16 Shopping Goods
2. Included Uses.
Unit 17 Trades and Services
Outdoor Music.Establishmentd
Unit 18 Gasoline Service Station and Drive-In
Restaurants
S.
Exhibit "B"
§161.13 DISTRICT C-1 NEIGHBOR-
HOOD COMMERCIAL.
A. Purpose. The Neighborhood
Commercial District is designed primarily to
provide convenience goods and personal
services for persons living in the
surrounding residential areas.
B. Uses.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
15
Neighborhood Shopping
Unit
18
Gasoline Service Stations and
Drive -In Restaurants
Unit
25
Professional Offices
2. Uses Permissible on
Anneal to the Planning Commission.
Unit 2
City -Wide Uses by Conditional
Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit 4
Cultural and Recreational
Facilities
Unit 35 Outdoor Music::Establishments
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the following minimum requirements:
From
Street ROW
50 ft.
From
Side Property Line
None
From Side Property Line
When Contiguous to a
Residential District
10 ft.
From
Back Property Line
20 ft.
D. Building Area. On any lot the
area occupied by all buildings shall not
exceed 40% of the total area of such lot.
E. Height Regulations. There shall
be no maximum height limits in C-1
District, provided, however, that any
building which exceeds the height of ten feet
shall be set back from any boundary line of
any residential district a distance of one foot
for each foot of height in excess of ten feet.
(Code 1991, §160.035; Code 1965, App. A,
Art. 5(V); Ord. No. 1747, 6-29-89; Ord. No.
2603, 2-19-80)
Exhibit "C"
§161.14 DISTRICT C-2 THOROUGH•
-
FARE COMMERCIAL.
A. Purpose. The Thoroughfare
Commercial District is designed especially
to encourage the functional grouping of
these commercial enterprises catering
primarily to highway travelers.
B. Uses.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit
4
Cultural and Recreational
Facilities
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
14
Hotel, Motel and Amusement
Facilities
Unit
15
Neighborhood Shopping Goods
Unit
16
Shopping Goods
Unit
17
Trades and Services
Unit
18
Gasoline Service Stations and
Drive -In Restaurants
Unit
19
Commercial Recreation
Unit
20
Commercial Recreation, Large
Sites
Unit
24
Outdoor Advertising
Unit
33
Adult Live Entertainment Club
or Bar
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2
City -Wide Uses by Conditional
Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit 21
Warehousing and Wholesale
Unit 28
Center for Collecting
Recyclable Materials
Unit 32:
Sexually Oriented Business
tkiit35,
Outdoor Music'Eslkblishmenls
C. Bulk and Area Regulations.
Setback lines shall meet the following
minimum requirements:
From
Street ROW
50 ft.
From
Side Property Line
None
From
Side Property Line
15 ft.
When
Contiguous to a
Residential District
From
Back Property
20 ft.
Line.
D. Building Area.. On any lot the
area occupied by all buildings shall not
exceed 60% of the total area of such lot.
E. Height Regulations. In District
C-2 any building which exceeds the height
of 20 feet shall be set back from any
boundary line of any residential district a
distance of one foot for each foot of height
in excess of 20 feet. No building shall
exceed six stories or 75 feet in height.
(Code 1991, 160.036; Code 1965, App. A,
Art. 5 VI)• Ord. No. 1747, 6-29-89. Ord.
No. 183, '11-1-7P Ord. No. 2351 6-'Z-177;
Ord. No. 2603, J-19-80; Ord. to. 4034,
§§3,4, 4-15-97)
Exhibit "D,,
§161.15 DISTRICT C-3 CENTRAL
COMMERCIAL.
A. Purpose. The Central
Commercial District is designed to
accommodate the commercial and related
uses commonly found in the central business
district or regional shopping centers which
provide a wide range of retail and personal
service uses.
B. Uses.
1 _ Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit 4
Cultural and Recreational
Facilities
Unit 5
Government Facilities
Unit
9
Multifamily Dwelling - Low
Density
Unit
10
Multifamily- High Density
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
14
Hotel, Motel and
Amusement Facilities
Unit
15
Neighborhood Shopping
Goods
Unit
16
Shopping Goods
Unit
18
Gas Service Stations and
Drive -In Restaurants
Unit
19
Commercial Recreation
2. Uses Permissible on
Anneal to the Planning Commission.
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit 19
Trades and Services
Unit 28
Center for Collecting
Recyclable Materials
`Unit 35,
Outdoor 1 Music
Establishments �
C. Bulk and Area
Regulations/ Setbacks. Setback lines shall
meet the following minimum requirements:
Central
Shopping
Business
Center
District
From Street ROW
5 ft.
25 ft.
From Street ROW
50 ft.
50 ft.
if Parking is
Allowed Between
the ROW and the
Building
From Side
None
None
Property Line
From Side
10 ft.
25 ft.
Property Line
When Contiguous
to a Residential
District
From Back
15 ft.
25 ft.
Property Line
Without Ease-
ment or Alley
From Centerline
10 ft.
10 ft.
Line of a Public
Alley
(Code 1991, §160.037; Code 1965, App. A,
Art. 5(VII); Ord. No. 1747, 6-29-89; Ord.
No. 2351, 6-21-77; Ord. No. 2603, 2-19-80)
••
Exhibit "E"
§161.16 DISTRICT C-4 DOWNTOWN.
A. Purpose. The Downtown
District is designed to accommodate the
commercial, office, governmental and
related uses commonly found in the central
downtown area which provide a wide range
of retail, financial, professional office, and
governmental office uses.
B. Uses.
I. Permitted Uses.
Unit
1
City -Wide Uses by Right
Unit
4
Cultural and Recreational
Facilities
Unit
5
Government Facilities
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
14
Hotel, Motel and Amusement
Facilities
Unit
15
Neighborhood Shopping
Goods
Unit
16
Shopping Goods
Unit
19
Commercial Recreation
Unit
25
Professional Offices
2. Uses Permissible on
Anneal to the Planning Commission.
Unit
2
City -Wide Uses by Conditional
Use Permit
Unit 3
Public Protection and
Utility
Facilities
Unit
10
Multifamily Dwelling-
High
Density
Unit
17
Trades and Services
Unit
18
Gas Service Station and
Drive -
In Restaurants
Unit 28
Center for Collecting
Recyclable Materials
'Unit 35
Ou `do Music EstabTlishm nls
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the following minimum requirements:
From Street ROW
5 ft.
From Street ROW if a
None
Sidewalk is in Existence
or to be Provided
From Side Property Line
None
From Side Property Line
10 ft.
When Contiguous to a
Residential District
From Back Property Line
None
without Easement or
Alley
From Center Line of an
8 ft.
Easement or Alley
(Code 1991; §160.038; Code 1965, App. A,
Art. 5 (VII(a)); Ord. No. 1747, 6-29-89;
Ord. No. 2148, 10-7-75; Ord. No. 2351, 6-
21-77; Ord. No. 2362, 8-2-77)
Ir- I. •lul
ORDINANCE NO. 4409
I •
AN ORDINANCE ADDING A DEFINITION OF "OUTDOOR
MUSIC ESTABLISHMENT" TO CHAPTER 151 DEFINITIONS
OF THE UNIFIED DEVELOPMENT ORDINANCE AND ADDING
§163.30 TO THE UNIFIED DEVELOPMENT ORDINANCE TO
MAKE AN OUTDOOR MUSIC ESTABLISHMENT,A CONDITIONAL
USE IN SPECIFIED ZONING DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby adds the following definition of Outdoor Music Establishment to the
Definitions Chapter (155) of the Unified Development Ordinance:
"Outdoor Music Establishment. Any business or
establishment that has a garden, patio, rooftop or
premises not wholly enclosed by solid walls and
• fully roofed in which amplified or loud music is
• played that could be audible at nearby residences
or businesses."
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby adds §163.30 to the Unified Development Ordinance making Outdoor
Music Establishments a Conditional Use where allowed:
"§163.30 Outdoor Music Establishments.
Outdoor Music Establishments operating during May or June of 2002 may
continue to operate at the same location without this conditional use even if the
ownership or name of the outdoor music establishment changes in the future, as
long as the establishment does not terminate its outdoor music for twelve
consecutive months or longer. All other outdoor music establishments shall not
be allowed in any zoning district except C-1, C-2, C-3 and C-4, where they may
be allowed as conditional uses subject to the following additional conditions:
A. Site Plan. A site plan showing the proposed location and size
of the outdoor music area; location and direction of speakers; noise absorbing
walls, structures or devices; proposed days and hours of operation of the
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Ord.. 4409
outdoor music area; and measures proposed to lessen or eliminate any adverse
affects upon nearby residences and businesses. •
B. Planning Commission Review. In addition to all normal
considerations fora conditional use, the Planning Commission may require noise
reducing measures and structures be incorporated into an outdoor music area,
may limit the size, power, number and direction of speakers, and may limit the
hours of outdoor music generation from the establishment.
C. Fayetteville Noise Ordinance Violation. If the establishment
or any band or person operating at such establishment is convicted of violating
the Fayetteville Noise Ordinance (§96.04 of the Code of Fayetteville), such
violation may constitute grounds for revocation of this Conditional Use to
operate an Outdoor Music Establishment.
D. Fayetteville Entertainment District. The City Council's policy is
to encourage outdoor music establishments along Dickson Street from Block Avenue to
Arkansas Avenue and on West Avenue from Spring Street to Lafayette Street as long as
such establishments are reasonably compatible with adjoining neighborhoods.
PASSED and APPROVED this 6th day of August, 2002.
APPROVED:
By:
DAN COODY, Mfror
4
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` eather.W44 f, City
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Planning Commission • •
September 9, 2002
Page 29
ADM 02-30.00: Administrative Item (Outdoor Music Establishments) to approve an
ordinance creating Use Unit 35 (Outdoor Music Establishments in Chapter 162 Use
Conditions) and adding Use Unit 35 to C-1, C-2, C-3, and C-4 zoning districts in Chapter 161
Zoning Regulations of the Unified Development Ordinance.
Hoffman: The next item on our agenda tonight is ADM 02-30.00, which is an
administrative item for outdoor music establishments to approve an ordinance
creating Use Unit 35 (Outdoor Music Establishments in Chapter 162 Use
Conditions) and adding Use Unit 35 to C-1, C-2, C-3, and C-4 zoning districts
in Chapter 161 Zoning Regulations of the Unified Development Ordinance.
Conklin: Madam Chair and members of the Commission, this ordinance will create a Use
Unit for outdoor music. It will be called Use Unit 35, Outdoor Music
Establishments. The actual ordinance for the outdoor music was passed on
August 6, 2002 by the Fayetteville City Council. It allows outdoor music
establishments within C-1, C-2, C-3, and C-4 zoning districts. Our zoning code
is organized into zoning districts that list Use Units that establish what type of
•uses are allowed within each zoning district. Because outdoor music is
associated with many different types of uses it is difficult if we don't amend our
zoning code and we just interpret where those outdoor music establishments
exist. Those will clarify that making Use Unit 35. Thank you.
Hoffman: Thank you Tim. Is there any member of the public that would like to address us
about outdoor music? Seeing none, I will bring it back to the Commission for
motions. Oh, excuse me, yes Sir.
Fennel: I didn't come here to address this issue this evening, I will be up next. I have
been on Dickson Street since...
Hoffman: Could you identify yourself?
Fennel: Pardon me?
Hoffman: What is your name?
Fennel: Joe Fennel with Jose's, I'm sorry. This issue doesn't apply to me directly
because I don't make my money with music, I make my money in the taco
business, but it does affect a lot of people. I think one of the problems that we
have created in Fayetteville is that we have listened to a real small minority of
people who have changed the way they see Dickson Street in the future.
Dickson Street is a different breed ok, it should always continue to be a different
breed. I think if we look at Dickson Street as what we want the rest of the city
to look like we are looking at it backwards, ok. There is only one place that
certain things happen in this city and they happen because they have always
happened there. They happened there when Jug Wheelers was there, they
Planning Commission • •.
September 9, 2002
Page 30
happened after Jug Wheelers. They happened before Jose's was there and they
have happened since 1980 since I've been there. Mardi Gras parade, it is held
in one place, it is held on Dickson Street. Spring Fest is held on Dickson Street
ok. Autumn Fest is held in Downtown Fayetteville, ok. When we won the big
football game a couple of years ago, they didn't rip the goal post up and take it
out to Hwy. 71, they didn't take it up into Wedington Woods, they brought it to
Dickson Street because that is the appropriate place for the goal post. Bikes,
Blues and BBQ, which is going to create the biggest income producer that the
city has ever seen in the last three years, where is it going to be held? On
Dickson Street. I think one of the things that we need to understand in this city
is that Dickson Street is Dickson Street. Until people wanted to create a mixed
use development area of Dickson Street this was never an issue. Until a
gentleman opened his own bars all of the sudden he had a conflict with another
bar that happened to be across the street, that is what started the whole thing.
Guess what? That one guy has won the battle so far. Ok, I bought a sound
meter and I am conducting a survey on my own and guess what, the 75DBs that
we have as a law in Fayetteville as an ordinance, guess what, that doesn't hold
up. A Harley Davidson going up Dickson Street it DBs at 95 to 100, it doesn't
matter if it is 3:00 in the afternoon, midnight or whatever. I hope we don't
arrest every Harley rider in town because he is wrapping his pipes at 95DBs at
12:00 at night because it happens. Some guy playing his stereo real loud
coming down Dickson Street, guess what, no one says anything to him, and he
drives away. Now you have operators down there who are trying to run a
business, pay their taxes, provide jobs and guess what, they get picked on. They
get picked on because they are in a sole location and someone can go raise Cain
with them and someone can go write them a ticket and someone can go cause
them a lot of grief and I think that is wrong. Ok, it says here, finally it is being
addressed properly, I've always heard it as a sound ordinance, it has nothing to
do with sound, you can walk down Dickson Street at 12:00 at night, I don't care
what part of Dickson Street from he 200 block to the 500 block with the same
sound meter that the police use and I don't care where you pull the trigger on
that thing, you will break the law, the law will be broken. All of the sudden we
are going to pick on a few people down there who are trying to run legitimate
businesses. Like I said, this whole problem started because one guy couldn't
compete with the guy right across the street so he changed the rules so his bar
could stay in business and that is where this whole thing started and I think it is
wrong. I don't know if we need to visit this issue here or if we need to visit the
issue at the City Council, but we need to revisit this issue because the 75 DBs,
we are all kidding ourselves, it doesn't work. We are working on a study right
now and we are going to put some data together on that, it has nothing to do
with Jose's, it has nothing to do with Powerhouse, it has nothing to do with
George's, it has to do with Dickson Street. Dickson Street is an animal all to its
own. It is one of the last great things that we have in this city and if we keep
tearing it down and breaking it down guess what, the people that come from
Little Rock for football games, Dickson Street won't mean anything to them
Planning Commission •
September 9, 2002
Page 31
anymore. Why not go to Benton County. It is one of the last things that we
have to fight Benton County with. There is no other place like it in the state.
There is no other town in the state of Arkansas that has that down there, no
other place. Little Rock spent how many millions of dollars on the River
Market down there, how many millions of dollars have they spent in the last ten
years trying to recreate what we have here and what we are doing here is trying
to tear it down. It is here, all we have to do is work with it and make it work.
Dickson Street was never meant for people to live on. Dickson Street has
always been the entertainment capital for this town and it should always be that
way. If we as a city are giving more preference to mixed use then I think we are
looking at it wrong. That street was there long before mixed use development
ever became a popular word in this city and I think that if they are given the
priority in this instance then we are going to ruin what they even came down
there for. Those people are coming to Dickson Street because of the
establishments. They are coming there for the entertainment, the people that are
building those condos down there, the people that might want to live in those
condos want to live in that section of town because the restaurants are there, the
clubs are there, and the downtown is there. Ok, let's not forget why they are
doing what they are doing but what we are doing, which we are listening to
three or four people out there that are screaming loud and screaming clear but
they are screaming about the wrong thing, and I hope that the people that are
making decisions are not fooled. That is all I have, thank you.
Hoffman: Thank you Mr. Fennel. Just to clear this up, this is an administrative item that is
adding Outdoor Music as a Use Unit to the Unified Development Ordinance.
The Outdoor Music Establishments ordinance has already been approved by the
City Council and this is just merely adding outdoor music as a use unit.
MOTION:
Bunch: Since this is a city wide ordinance that involves several zoning districts and it is
more of a housekeeping item, I will move that we approve and forward to the
City Council ADM 02-30.00.
Hoffman: I have a motion by Commissioner Bunch, do I have a second?
Ward: Second.
Hoffman: There is a second by Commissioner Ward. Is there any further discussion?
Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward ADM 02-30.00 to the
City Council was approved by a vote of 8-0-0.
Hoffman: Thank you. This housekeeping motion carries unanimously.
FAYETTEVI I!LE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Kevin Springer, Budget and Research
From: Heather Woodruff, City Clerk
Date: October 8, 2002
Attached is a copy of the completed staff review form and signed agreement with New
World. I am also returning one original to you. One original will be microfilmed and
filed with the City Clerk.
Your purchase requisition has been forwarded to the Internal Auditor.
cc. Nancy Smith, Internal Auditor