HomeMy WebLinkAbout2004-11-08 - Agendas - FinalFAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISION
Monday, November 8, 2004, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Approval of Minutes from the 10/25/2004 meeting.
New Business:
1. ADM 04-1301: Administrative Item (FOGHORN'S): The request is to appeal the requirement for a sidewalk.
2. VAC 04-1255: Vacation (MR. & MRS. HANKS, 293): Submitted by TIM MADDOX for property located at 2553
FERGUSON AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.21 acres.
The request is to vacate a portion of a utility easement on the subject property.
Property Owner: CHARLES HANKS Planner: LEIF OLSON
3. PPL 04-1263: Preliminary Plat (BRIDGEDALE S/D, 569): Submitted by MILHOLLAND CO. for property located at 1341
ROBERTS ROAD. The property is in the Planning Area and contains approximately 7.47 acres. The request is to approve a
residential subdivision with 25 single family lots proposed.
Property Owner: CLINT MCDONALD Planner: SUZANNE MORGAN
4. PPL 04-1264: Preliminary Plat (MAPLE VALLEY S/D, 363): Submitted by DAVE JORGENSEN for property located at
2809 MT. COMFORT ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.69
''cres. The request is to approve a residential subdivision with 20 single family Lots proposed.
Property Owner: TIM R BRISIEL Planner. JEREMY PATE
5. PPL 04-1271: Preliminary Plat (RIVER HILLS S/D, 569): Submitted by DAVE JORGENSEN for property located at
HWY 16E, S OF THE DAVID LYLE VILLAGE SUBDIVISION. The property is zoned R -O, RESIDENTIAL OFFICE and contains
approximately 6.91 acres. The request is to approve the development of residential subdivision with 16 lots proposed.
Property Owner: JAMES PATTON Planner: LEIF OLSON
6. LSD 04-1266: Large Scale Development (KEATING-TOWNSHIP BLDG., 290): Submitted by DAVE JORGENSEN for
property located at TOWNSHIP STREET, W OF COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 1.54 acres. The request is to approve the development of a 17,552 s.f. professional office
building with 57 parking spaces proposed.
Submitted on behalf of: KEATING ENTERPRISES Planner: JEREMY PATE
7. R-PZD 04-1154: Planned Zoning District (CLIFFSIDE, 526): Submitted by PROJECT DESIGN CONSULTANTS, INC
for property located at THE EAST SIDE OF HAPPY HOLLOW ROAD, SOUTH OF THE CLIFFS APARTMENTS. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 26.30 acres. The request is to approve a Residential
Planned Zoning District on the subject property with approximately 48 two-family and 15 single-family lots proposed.
Property Owner: SCB INVESTMENTS, LLC Planner: SUZANNE MORGAN
8. ADM 04-1304: Administrative Item (ADMINISTRATIVE ITEM/TERMINELLA)• Submitted by TOM TERMINELLA
for property located at THE INTERSECTION OF COLLEGE AVENUE AND SPRING STREET.. The property is and contains
approximately acres. The request is to amend the parking requirements for the Terminella Building.
Planner: DAWN WARRICK
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments 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 petition& Interpreters or TDD for hearing impaired are available for all public
hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item — Chairman
B. Presentation of Staff Report
C. Presentation of request — Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Commission
F. Action of Planning Commission (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member 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.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2004 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Loren Shackelford
Sean Trumbo
Christian Vaught
a T
evi e
ARKANSAS
CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 08, 2004
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: November 03, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 04-1301: Administrative Item (FOGHORN'S): The request is to appeal the
requirement for a sidewalk.
Planner: JEREMY PATE
Background:
On October 11, 2004, the Planning Commission voted 7-0-0 to allow a Conditional Use Request
for an outdoor music establishment located at Foghorns Restaurant, at 2175 N. College Avenue.
As all Conditional Use Permits require, the Sidewalk Administrator made a recommendation to
the Planning Commission for either the construction of a six-foot sidewalk, built to City of
Fayetteville standards, or money -in -lieu of the sidewalk construction, in the amount of
$1,579.50. The Sidewalk Administrator recommended the sidewalk construction, based on his
physical inspection of surrounding properties, existing sidewalks in the nearby area, potential for
future pedestrian connections and need for said connections, and comparison of similar
conditional use permit requirements in the same area.
The applicant is appealing the Sidewalk Administrator's recommendation, based the applicable
code sections (see attached). The request is to completely negate the requirement for sidewalk or
money -in -lieu in this location. Staff's recommendation remains the same as that approved as a
condition of approval for the requested Conditional Use Permit, an ordinance requirement to
which all conditional use requests, including home occupations, daycares, and tandem lots, are
held. Please see the attached memorandums from both the applicant appealing and the Sidewalk
Administrator, along with the applicable code sections and original staff report with conditions,
for more information.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.1
Foghorn's
Memo
To: Fayetteville Planning Commission
Front Jeff Hodges, Foghorn's
Date: 11/212004
Re: Appeal of Sidewalk Condition for Conditional Use Permit 04-1220
This letter is to appeal the planning commission's condition of construction of a sidewalk regarding
conditional use permit 04-1220. Foghorn's is basing this appeal on several factors.
The first comes from the Fayetteville Code of Ordinances, Section 155.06, Paragraph (D)(5). The
ordinance states that an appeal may be made to the planning commission if an owner or developer of
said property believes said improvement is in excess of "rough proportionality" of the impact of the
development upon the city's infrastructure or services.
The proposed sidewalk would be placed over what is currently an asphalt driveway. The asphalt would
have to be dug up and replaced by concrete. Foghorn's believes that other than aesthetics, this
sidewalk would not serve any reasonable purpose. Additionally, both properties directly North and
South do not have such sidewalks, so such sidewalk would not be used by pedestrian traffic. In fact, if
a sidewalk were constructed, it would end where people would have to walk through the adjacent
business's landscaping.
Furthermore, the proposed sidewalk would eliminate half of the current landscaping at the front of the
building, as it would have to be torn up to put a sidewalk through it.
Foghorn's also believes that North College is primarily a business district and there is very minimal
pedestrian traffic, as opposed to the downtown area. As an addendum to this, Foghom's business
does not draw pedestrian traffic. At least 99% of our customers arrive by a motorized vehicle.
The need for a sidewalk only arose as a condition regarding outdoor music. We believe offering
outdoor music on North College will add flavor to the community outside of Dickson Street We believe
constructing a sidewalk over existing blacktop is not relevant to our request for offering outdoor music.
Additionally, there are very few places on North College with a sidewalk, and the ones that do exist are
rarely used.
With these reasons mentioned above, Foghorn's respectfully asks that the conditional use permit be
amended to completely strike the condition for installation of a sidewalk.
1
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.2
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jeremy Pate, Associate Planner
Planning Commission
From: Chuck Rutherford, Sidewalk Administrator
Date: November 3, 2004
Subject: Conditional Use Permit 04-1220
A sidewalk was asked for at this location as sidewalks are needed along College Ave. New
businesses, new parking lots and conditional use permits are adding many new sidewalks along
College Ave. Stephanies Gentlemans Cabaret at 2125 North College Ave. is two businesses to
the south of Foghorns and constructed a sidewalk as a conditional use requirement.
Cool Water Village Cafe and Metro Collision Center is two properties to the north of Foghorns
and constructed a sidewalk as a new parking lot pennit requirement. As properties upgrade and
make improvements sidewalks will be added and eventually connect along College Ave.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.3
Applicable Code Sections
CHAPTER 171: STREETS AND SIDEWALKS
171.12 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk
(A) Requirement. The owner of any property abutting a public street or highway for
which a sidewalk is required by the city's Master Street Plan, shall construct a
sidewalk in accordance with §171.13 of this code, along said street or highway upon
the receipt of notice issued at the time a building or parking lot permit is issued.
(1) The property owner shall construct the sidewalk in accordance with §171.13.
Sidewalk and driveway specifications.
(2) The property owner may request a waiver to §171.12(A)(1) requiring sidewalk
construction. The sidewalk administrator shall review the following factors to
determine whether or not to grant a waiver:
(a) Pedestrian traffic generators such as parks and schools in the area.
(b) The existence of a sidewalk network in the area.
(c) The, density of current and future development in the area.
(d) The amount of pedestrian traffic likely to be generated by the proposed
development.
(e) Whether the terrain is such that a sidewalk is physically practical and feasible,
and the extent to which trees, ground cover and natural areas would be
adversely impacted by the construction of the sidewalk.
(f) The overall need for a sidewalk to be constructed on the lot.
(3) If the Sidewalk. Administrator grants the waiver to construct a sidewalk, the
owner shall have an option to construct the sidewalk, or to contribute money in
lieu of construction as set forth below:
(a) The amount of money in lieu of construction to be dedicated shall be
determined based upon the rough proportionality of the impact of the
development upon the sidewalk infrastructure needs near the development
including consideration of the persons served by the development and
approximate pedestrian trip generation rates of the development.
(b) To facilitate administration of this ordinance for certain recurrent types of
development, the City Council has determined that the city will accept, as the
roughly proportionate impact, the amount shown below:
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.4
(i) Single family house $630.00
(ii) Duplex $720.00
(c) Unless the developer presents evidence that the number of persons served by
the development and the pedestrian trip generation rates of the development
justify a reduced contribution in lieu of the construction of sidewalks, all
industrial, commercial, and multi -family developments shall make a cash
contribution in lieu of the construction of the sidewalk at a rate of three dollars
($3.00) per square foot of the sidewalk that normally would have been
required. The amount per square foot and amounts for a single family house
and a duplex shall be reviewed by the City Council at least every five (5)
years.
(d) Contribution in lieu of construction of sidewalks shall be paid or construction
of the sidewalks shall be completed before receiving final plat approval, or
issuance of a certificate of occupancy.
(e) Contributions must be expended within one (1) year to build a sidewalk close
enough to serve the project being constructed.
(0 If the owner voluntarily consents in writing, the contributions may be used to
construct sidewalk projects where most needed as determined by the sidewalk
administrator.
(4) An owner/builder may appeal the sidewalk administrator's refusal to grant a
waiver or the administrator's determination of the amount of contribution in
lieu of construction to the Planning Commission pursuant to §155.06(D).
(B)Application of provisions. The provisions of this section shall only apply to the
following property:
(1) New structure. On which a new structure is being built;
(2) Existing residential structure. On which an existing residential structure is being
modified so as to increase the number of dwelling units located therein or to
change the use of the nonresidential use.
(3) Parking lot/garage. On which a parking lot, or parking garage having a minimum
capacity of five (5) automobiles is constructed and/or improved or altered.
(4) Additions. Additions of 2,500 square feet or larger.
(5) Conditional use. Any development which requires conditional use approval.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.5
CHAPTER 155 APPEALS
155.06 Appeals From Staff Interpretations/Actions
(D)Appeals to the Planning Commission. The following staff interpretations/actions may
be appealed to the Planning Commission.
(5) Required dedications and improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified
Development Code for land, right-of-way or easement dedications,
construction of on-site or off-site improvements, or payments in lieu of any
dedication or improvement, which are in excess of the "rough proportionality"
of the impact of the development upon the city's infrastructure or services
may appeal such requirement to the Planning Commission as a part of the
submission of the preliminary plat, large scale development, subdivision,
building permit, lot split, development permit, or otherwise within 10 days of
notification of such development requirements. The appeal must be presented
to the Planning Division in writing and state the grounds, or reasons for the
appeal.
(b) The Planning Commission shall determine after public hearing whether the
required dedications and improvements meet the "rough proportionality" of
the impact of the development on city infrastructure and services. If the
requirements are in excess of the "rough proportionality," the Planning
Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.6
PC Meeting of October 11, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS
5 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: October 05, 2004
CUP 044220: Conditional Use (FOGHORN'S, 368): Submitted by JEFF HODGES for
property located at 2175 N COLLEGE AVENUE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 0.87 acres. The request is to
allow outdoor music.
Property Owner: STEVE MANSFIELD Planner: JEREMY PATE
Findings:
Property Description: The subject property is Foghorn's Restaurant, located on at 2175 N.
College Avenue. The property is zoned C-2 and contains approximately 0.87 acres. It is
surrounded by properties zoned C-2, with restaurants located to the north and south, College
Avenue to the east, and an office/retail strip center to the south. The property is currently fully
developed, containing both a strip retail center (parts of which are currently vacant) and the
subject restaurant use. Foghorn's consists of 1,984 SF, with an exterior deck of 720 SF. There are
21 existing parking spaces, with an additional 20 spaces to the rear that are shared between the
retail development and the restaurant. The proposed outdoor music stage, which currently sits
outside of the deck area, is an 8 ft. x 8 ft. platform, 30 inches in height, on castors.
Surrounding Zoning/Land Use:
Direction
Land Use
Zoning
North
Mama Mia's Restaurant
C-2, Thoroughfare Commercial
South
Hunan Manor Restaurant
C-2, Thoroughfare Commercial
East
College Avenue, business center
C-2, Thoroughfare Commercial
West
Strip retail center
C-2, Thoroughfare Commercial
Proposal: The applicant intends to provide live outdoor music to the restaurant's patrons one or
two nights per week, from 7 PM to 10 PM. Acoustical music is proposed, with noise Levels to
comply with City of Fayetteville noise ordinance requirements. The musical artists will utilize
the provided 8 ft. x 8 ft. platform, which will be moved when not in use. All other existing site
conditions are proposed to remain as they currently exist.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.7
Request: The request is to allow for Use Unit 35, Outdoor music establishments, within a
commercial zoning district for the purpose of providing live music at the subject property.
Recommendation: Staff recommends approval of CUP 04-1220, subject to the following
conditions:
Conditions of Approval:
1. All appropriate building permits for the outdoor platform shall be obtained from the City
of Fayetteville.
2. The outdoor platform shall be removed from its location east of the existing deck when
not in use for the intended outdoor music. A permanent structure is not allowed within
this setback.
3. If the establishment or any band or any person operating at such establishment is
convicted of violating the Fayetteville noise ordinance 096.04, .06 of the Code of
Fayetteville), such violation may constitute grounds for revocation of this conditional use
to operate an outdoor music establishment.
4. Any outdoor music shall cease operation at 10 PM.
5. All speakers and music shall be directed toward the associated building, away from
adjacent businesses and the public right-of-way.
6. The applicant shall construct a 6 -foot sidewalk at the Master Street Plan right-of-way line
of College Avenue or contribute a money in-lieu-fee-ef 91,579750; based on the
recommendation of the Sidewalk Administrator.
7. All lighting associated with the proposed outdoor music use shall conform to City of
Fayetteville requirements. Fluctuating and/or flashing lights shall not be allowed. All
lights shall be directed downward and away from adjacent properties.
PLANNING COMMISSION ACTION: yes Required
JApproved Denied
Date: October 11, 2004 1 _ o- o
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.8
Title
Date
GENERAL PLAN DESIGNATION: Community Commercial
§ 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for an outdoor music establishment within a C-2 zone.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding:
The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.9
Finding: The Planning Commission is empowered under § 161.17 to grant the
requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: Granting the conditional use will not adversely affect the public interest.
Surrounding properties are commercial in nature, with two restaurants on
either side of the subject property. College Avenue is a busy Principal
Arterial to the west. No substantial increase in traffic will be generated by
this proposal. The existing deck has been permitted according to Fayetteville
regulations. The proposed stage platform will be required to be removed
when not in use, thus the property will remain as it currently is for a
majority of the time.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing this conditional use
request. See below findings.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: Sufficient ingress and egress to the property is being provided with. the
existing entrance drive.
(b.)
Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: All off-street parking spaces and loading areas exist to serve the
development. Ingress and egress is from College Avenue.
(c.) Refuse and service areas, with particular reference e 08, 2004
Planning Commission
ADM 044301 (Foghorns)
Page 1.10
to ingress and egress, and off-street parking and
loading,
Finding: A trash dumpster is located at the rear of the structure, shared with the retail
center.
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding: No additional utilities are necessary to serve the proposed development.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: Staff finds screening and/or buffering is not necessary, based on the
proposed use. The stage platform is required to be removed when not in use.
All other development on the property exists.
(f.) Si • ns, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
Finding: No signage is being proposed at this time. All exterior lighting shall be
subject to City of Fayetteville standards.
(g)
Required setbacks and other open space; and
Finding: Required setbacks are being met; no permanent structures are allowed
within building setbacks or landscape setbacks. The proposed stage platform
is constructed with castors, and is required to be relocated when not in use to
comply with this requirement.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: This use is generally compatible with adjacent commercial uses, which
include restaurants with outdoor patios and decks. No residential uses are
located in the nearby area.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.11
Specific Rules Governing Individual Conditional Uses:
163.11 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 12 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 thefollowing additional conditions:
(A) . Site plan. A site plan showing the proposed location and size of the outdoor music area;
location and direction of the speakers; noise absorbing walls, structures or devices; proposed
days and hours of operation of the outdoor music area; and measures proposed to lessen or
eliminate any adverse affects upon nearby residences and businesses.
Finding: The applicant has supplied a site plan locating the proposed 8 ft. x 8 ft.
removable platform, located directly east of the existing patio. Musk is
indicated to be played toward the building from the east end of the patio. The
proposed operation hours are one to two nights per week, from 7 PM to 10
PM. The days and hours of operation of the restaurant are 7 days per week,
11 AM until 11 PM. All acoustical music is proposed. No additional measures
are proposed to eliminate potential adverse affects upon nearby businesses.
There are no nearby residences.
(B) Planning Commission review. In addition to all normal considerations for a 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.
Finding: Staff recommends conditions as part of the staff report, including limiting
the hours of operation for the outdoor music to 10 PM.
(C) Fayetteville noise ordinance violation If the establishment or any band or any: person
operating at such establishment is convicted of violating the Fayetteville noise ordinance (§96.06
of the Code of Fayetteville), such violation may constitute grounds for revocation of this
conditional use to operate an outdoor music establishment.
Finding: • Staff has included this finding as part of the conditions of approval..
(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.
Finding: The proposal is outside of the identified district.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.12
from §16L17District C-2, Thoroughfare
Commercial
(A) Purpose. The Thoroughfare Commercial
District is designed especially toencourage the
functional grouping of these commercial
enterprises catering primarily to highway
travelers.
(B) Uses.
(I) 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 & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
(2) Conditional uses.
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
.:1
� 6.9
Unit 36
Wireless communications facilities
(C) Density. None.
(D)
(E)
Bulk and area regulations. None.
Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to a residential
district
15 ft.
Rear
20 ft.
(F) 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.
(G) Building area. On any lot, the area
occupied by all buildings shall not exceed 60%
of the total area of such lot.
from §162 Use Units
OD -
Unit 35. Outdoor music establishments.*
(1) Description. Unit 35 includes 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.
(2) Included uses.
Outdoor music establishments *
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.13
front §96.04 Noise Control: Limitations By Land Use Category.
(A) No person shall operate or cause to be operated, or permit, contract or allow to be operated on premises on
public or private property any identifiable source of sound in such a manner as to create a sound level
within the use districts in Table 1 below which exceeds the maximum noise levels as set forth in Table 1 as
measured at any point on the boundary of the property from which the sound or noise was emanating.
Except between the hours of 10:00 p.m. and 1:00 a.m., a complaint under this section must be brought by a
property owner or leaseholder affected by excessive noise on their property.
Use Districts Time
TABLE 1
Maximum
Noise Levels
All
residential
zones
7:00 am. to
11:00 p.m.
60 dB(A)
All
residential
zones
11:00 p.m. to
7:00 a.m.
55 dB(A)
All
commercial
zones
7:00 a.m. to
11:00 p.m.
75 dB(A)
All
commercial
zones
11:00 p.m. to
7:00 a.m.
70 dB(A)
All industrial
zones
7:00 a.m. to
11:00 p.m.
80 dB(A)
All industrial
zones
11:00 p.m. to
7:00 a.m.
75 dB(A)
All measurements shall be taken with a sound level meter in its fast or peak level setting.
(B) District boundaries. When a noise source can be identified and its noise measured in more than one use
district, the noise level limits of the most restrictive use district shall apply at that district boundary.
(C) Commercial source. Notwithstanding the zoning classification of the underlying parcel, restaurants, night
clubs, private clubs, auditoriums, dance halls, and rehearsal studios are defined as commercial sound
sources existing in commercial zones for the purposes of this chapter.
(D) Transient source. For a transient sound emanating in any land use category, the peak noise level shall not
exceed 20 decibels above the limit set in Table 1 above.
(E) Construction. Construction projects shall be subject to the limitations specified for industrial zones for the
period of time allowed by the building permit.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.14
from §96.06. Radios And Loudspeakers Used For Certain Purposes Prohibited
It shall be unlawful for any person to use, operate or permit to be played, used or operated any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the
producing or reproducing of sound which is cast upon the public streets from a point of origin located on
private property, for the purpose of commercial advertising or attracting the attention of the public to any
building or structure.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.15
Foghorns
Request for conditional use outdoor music permit
8/31/04
The property is located at 2175 N. College. The current inside square footage is 1984
feet, with a deck patio outside consisting of 720 sq. feet. The music stage is 8 ft x 8 ft, 30
inches tall, on casters and is removable when not in use. It sits on the outside of the deck
patio. There are currently 21 parking places, with an additional 20 parking places in the
rear which are shared with the rear tenant. However, there is currently not a tenant in that
property, but both properties are owned by
'rain sox L
Hours of operation are 7 clays a week, 11 am until 11 pm.
Approximately 6-8 employees on staff including owners.
Anticipated number of customers during a peak period would be around 50. Average
customers per day is around 75.
Outdoor lighting consists of a pole light over the parking lot and flood lights on the
building.
Foghorn's request is to provide live music one or two nights a week from 7pm to lOpm.
Only acoustical music will be played with a minimal noise impact, complying with the
Fayetteville noise ordinance. Artists will consist of well known music talent which have
played in several local venues. Although not downtown, we believe offering live music
outside of Dickson would be well received by the community.
November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.16
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Legend
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November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page1.18
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November 08, 2004
Planning Commission
ADM 04-1301 (Foghorns)
Page 1.19
FAYETTEVILLE PC Meeting of November 8, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
FROM: Leif Olson, Associate Planner
Brent O'Neil P.E. Staff Engineer
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: November 4, 2004
VAC 04-1255: Vacation (HANKS, pp 293) was submitted by TIM MADDOX for
property located at 2553 FERGUSON AVENUE, more accurately described as Lot 41 of
Cedarwood Addition, Phase I. The property is owned by CHARLES AND ELLEN
HANKS it is zoned RSF-4, RESIDENTIAL SINGLE FAMILY 4 UNITS/ACRE, and
contains approximately 0.21 acres. The request is to vacate a portion of a utility easement
on the subject property for the construction of an addition to the existing structure.
Findings: Vacating this utility easement would limit access to maintain an existing 36"
drainage pipe that the city currently has installed in this location.
Background: This utility easement was platted with the Cedarwood Addition Phase I in
1979. This 25' general utility easement is currently utilized by the City of Fayetteville
and contains a 36" drainage pipe.
Request: The applicant requests to vacate a 6' portion of an existing general utility
easement to allow for construction of a sun room on the home located at 2553 Ferguson
Avenue.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections
K:\Reports\2004\PC Reports\11-08-04\VAC 04-1255 (Hanks).doc
November 08, 2004
Planning Commission
VAC 04-1255 (Hanks )
Page2.I
CITY OF FAYETTEVILLE• RESPONSE
Water/Sewer No Objections
Transportation Access must be maintained to the
36" drainage pipe that exists
Solid Waste No Objections
Engineering No Objections
Public Comment: The applicant has submitted the required notification forms to the
adjacent property owners. Adjacent property owners had no objections to the proposed
vacation.
Recommendation: Staff recommends denial of the proposed utility easement vacation
04-1255.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
November 8, 2004
Comments:
The "CONDITIONS OF APPROVAL", beginning on page two of this report, are
accepted in total without exception by the entity requesting approval of this
development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
K:\Reports\2004\PC Reports \11-08-04\VAC 04-1255 (Hanks).doc
November 08, 2004
Planning Commission
VAC 04-1255 (Hanks )
Page2 2
LEGAL DESCRIPTION OF VACATED UTILITY EASEMENT
Lot 41, Cedarwood Addition -- Phase I, Fayetteville, Arkansas, as per plat record
8-111, on file in the Washington County Circuit Clerk's office, more precisely
described as follows; starting at the southeast corner of said lot 41; thence
S 86°23'06" W 31.92 feet; thence N 03°36'54" W 7.50 feet to the point of
beginning; thence N 03°36'54" W 2.50 feet; thence N 86°23'06" E 18.93 feet;
thence N 06°21'25" W 27.74 feet; thence N 83°38'35" E 6.00 feet; thence
S 06°21'25 E 30.53.feet; thence S 86°23'06" W 25.05 feet back to the point of
beginning containing 239.81 square feet more or Tess.
GRAPHIC REPRESENTATION
q FEREusON
AVENUE
EASEMENT
UTILITY
EA5EMENT
EASEMENT TO
PE VACATED
a
44,40' N A6 ly 52" E
PROPOSED
ITION
SITE PLAN
r ° 90'-G'
Z d 6P09£P9££9'ON/OP:LI'1S/IP:LI 17003 £ AON(03M)
Nov
Planning
N HVAC 04-1255 (Hanks )
Page2.3
Tuamdo aea0 a! WOdd
?0•d . %96 4TL0+TS?+6L4 T?:9I 400?-6T-EBd
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEM ENT VACATIONS
DATE: 5• U4g y I L zoo `/
UTILITY COMPANY- trkiter6 1u-€ C477 STR.EaTS SuPwwrtwpCPti
REQUESTED VACATION (applicant muse check all that apply):
)2( Utility Easement
O .Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
O Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address', 2553 r4C— t8oN i YS)J( I Fq•YBf✓/Ut/4F,
(Include legsl descrlpllon and graphic representation (Ott is being vacated)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.),
frtA1w: 0X; —DnaitaA lto s P {3- ,LL444.
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Signature of tility Comp Rep entativeEr
an,
Title
Z d 30998b9££91ON/31.91'19/£1;91 17003 61 833(0111)
D�-
November 08, 2004
PlanningComfit-MADAM &999 -
H:WSERSICOMMOMPL1NNl 99&40rsi alt t4PD
Page oar
luawdolaea0 a!x!a IOaj
20°d %96 PTLD+TSZ+6L4 LE :9-C POW -6T —Had
LEGAL DESCRIPTION OF VACATED UTILITY EASEMENT
Lot 41, Cedarwood Addition — Phase 1, Fayetteville, Arkansas, as per plat record
8-111, on tile in the Washington County Circuit Clerk's office, more precisely
described as follows; starting at the southeast corner of said lot 41; thence
S 86°23'06" W 31.92 feet; thence N 03°36'54" W 7.50 feet to the point of
beginning; thence N 03°36'54" W 2.50 feet; thence N 86°23'06" E 18.93 feet;
thence N 06°2125" W 27.74 feet; thence N 83°38'35" E 6.00 feet; thence
S 06°21'25 E 30.53 feet; thence S 86°23'06" W 25.05 feet back to the point of
beginning containing 239.81 square feet more or less.
GRAPHIC REPRESENTATION
FER6U5ON
AVENUE
UTILITY -
EASEMENT
UTILITY
EASEMENT
25'-0
EASEMENT TO
BE VACATED
94.90' N 86°2' 32" E
- r
SITE PLAN
1" • so. -0-
£ d Z099£175££91)N/Zl:91.'1S/£1:91 tOOZ 6l 83d(Hi)
PROPOSED
ADDITION
November 08, 2004
(1, Planning Commission
VAC 04-1255 (Hanks )
Page2.5
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Boundary Streets Master Street Plan
Streets Master Street Plan
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moor MinarAeerel
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0 0.1 0.2 0.4 0.6 0.8 vA
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Nov
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04-1255
Page2.6
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Legend
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Master Street Plan Collector 500 YEAR
= Freeway/Expressway • • • • Historic Collector • LIMIT OF STUDY
— - Baseline Profile
tifiltiffi VAC04-1255
CI Fayetteville
F Outside City
75 150 300 450 600