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Home My WebLink About2011-04-25 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting April 25, 2011 Planning Commissioners William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins Jeremy Kennedy A meeting of the Fayetteville Planning Commission will be held on April 25, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items Consent: 1. Approval of the minutes from the April 11, 2011 meeting. 2. ADM 11-3819: Administrative Item (THE VILLAS AT FOREST HILLS MAJOR MODIFICATION #1, 440): Submitted by MORRISON SHIPLEY ENGINEERS for property located at LOT 7, FOREST HILLS PZD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT. The request is for a major modification of the approved preliminary plat. Planner: Jesse Fulcher Old Business: 3. CUP 11-3770: Conditional Use Permit (262 N. SCHOOL/KINGFISH, 484): Submitted by ARCHIBALD SCHAFFER for property located at 262 NORTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.15 acre. The request is for a conditional use permit for outdoor music. Planner: Andrew Garner New Business: 4. RZN 11-3799: Rezone (CORNER OF MT. COMFORT RD. & OAKLAND AVE./OAKLAND COURTS, 405): Submitted by ROBERT SHARP ARCHITECT, INC. for property located at the corner of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and contains approximately 1.43 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Planner: Dara Sanders Old Business: 5. ADM 11-3774: Administrative Item (CITY PLAN 2030): Submitted by STRATEGIC PLANNING & INTERNAL CONSULTING to amend the Comprehensive Land Use Plan. Planner: Jesse Fulcher 6. ADM 11-3775: Administrative Item (FUTURE LAND USE MAP): Submitted by STRATEGIC PLANNING & INTERNAL CONSULTING to amend the Future Land Use Map. Planner: Jesse Fulcher 7. ADM 11-3776: Administrative Item (MASTER STREET PLAN MAP): Submitted by STRATEGIC PLANNING & INTERNAL CONSULTING to amend the Master Street Plan Map. Planner: Jesse Fulcher NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. aveI��evl e THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: April20, 2011 PC Meeting of April 25, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3819: Administrative Item (THE VILLAS AT FOREST HILLS MAJOR MODIFICATION #1, 440): Submitted by MORRISON SHIPLEY ENGINEERS for property located at LOT 7, FOREST HILLS PZD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT. The request is for a major modification of the approved preliminary plat. Planner: Jesse Fulcher BACKGROUND The subject property contains approximately 20.86 acres within the Forest Hills Planned Zoning District. The Planning Commission approved The Villas at Forest Hills preliminary plat on September 27, 2010 with a total of 77 dwelling units. Proposal.: The applicant is proposing to increase the total number of single-family lots from 77 to 81. As shown on the attached plat, the applicant will reduce the lot width of multiple lots to allow for the creation of four new lots. Each lot will still meet the minimum lot width requirement of 40' and the number of units will be less than the 86 units permitted by the PZD. RECOMMENDATION Recommendation: Staff recommends forwarding ADM 11-3819 The Villas at Forest Hills Preliminary Plat Modification No. 1 to the City Council with a recommendation for approval. Planning Commission Action: Motion: Second: Vote: Meeting Date: April 25, 2011 O Forwarded O Denied G: IGTCIDevelopmenl Services Review120111Developrnenl Reviewll l-3819 ADM The Villas al Pores! Hills Mod #1106 -Planning Commission14-25- 111Cormnents and Redlines April 25, 2011 Planning Commission ADM 11-3819 Villas at Forest Hills Major Modification Agenda Item 2 Page 1 of 8 MORRISON SHIPLEY ENGINEERS • SURVEYORS April 5, 2011 City of Fayetteville Jesse Fulcher 125 W. Mountain St. Fayetteville, AR 72701 Attn: Planning Division Re: Revised Preliminary Plat for The Villas at Forest Hills Dear Jesse, Please find attached a revised preliminary plat for The Villas. The owners are requesting to add four additional lots to the previously approved preliminary plat which was approved by Planning Commission on September 27, 2010. An exhibit is attached showing the locations of the new lots. The new lots are created by reducing the width of the adjacent lots within the same block. The revisions do not impact the street layout or tree preservation areas. The number of residential lots will increase from 77 to 81. If you have any questions or need additional information, please contact me at 479-273- 2209. Sincerely, Morrison -Shipley Engineers, Inc. e0 setre Heather M. Robason, P.E. Project Manager Attachment: Lot Exhibit April 25, 2011 Planning Commission 2Ak4iii1§ •A1 AgittoRrtiLeci-g4 reel Major rr i8851BNille, AR • 72712 479.23,ae ( nf2Fax 479.273.2552 Page 2 of 8 morrisonshipley.corr tmeBbntntItam 2ea2t 4111014filtillia8Eaeuuu F4t4s1eAkk'sk:ag"Ct22ae26ei' titgant4la a a22am aH BB&@ 216620,££BB£B6BBF6B6 e=x8: 42B2221:rtaaPawwx,22 gi, 10=2121112222112 dCk;&R 201:2eSs$a22$@ =2"gg 12 e'YH -"9g ,,,02 .71 tl4tlg�a98? xCFFF@gin g @@ yaC&=6akk=NPC ��--e a gc 4a e..oany4 Fc Fag6aB F,i3i B€PeF8$? 6668 ise8 B asa a$888;Fee `a ees$�882$kaae$ aBaa a "B eg ntoI`na984eaa®g MI t"wk's P6F68-B6B06H 222996BBBFFB 222429 IIMA:kLkc2 Y9wp, 2=1e202tu tt 'aa 222 1222 2ee§a662 `a @ a22fr aE%a&Bta�$25 asalsseea @1;6§g 6 81 10 gr11tt22taet6 ;LP8 a 8,881////////// /// Apr I8, Pla iingG'ommiss o i AD VI 11-3819 Villas 3t Forest Hills f-Pollestifteaftee_ Agenda Item 2 Page 3 of 8 ilk April .51 �S Plann t q miss n ADM -3819 Villas at Major edification Agenda Item Page 4 of 8 orest Hills PLANNING AREA SUMMARY t1 FOrOst Hol 00- awkpwl+ 0111 Tys 1 Week CHevaxa ltn Milano •11 SIb Ont. 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Design Overlay Di strict Design Overlay Di strict Planning Area RMF -24 RsirAale _•••L .: 3 d 0 250 500 Fayetteville CO 8 CA g c 1,000 1,500 i '• TIECHNOLOGY WAY 4.41tMF-12 . •� RSF%% 2,000 Feet April 25, 2011 Planning Commission ADM 11-3819 Villas at Forest Hills Major Modification Agenda Item 2 Page 6 of 8 • ADM 11-3819 THE VILLAS AT FOREST HILLS One Mile View t9 ': RLF4 SOLER DR • C1 RPO ROROG R. g1�11 RTw w' RSF4 F1 ANDl$&4 740 RP2D F3 RSF+ zo a FLAGSTICK DR ° •'vIccl RPM o W F. RPZD a d WEDGE DRy,20 u� DR F4 E'RY ST OG w00 R$F4 EN CO LEST ReF-d Overview • . • s»• ;I ■ _ Legend Subject Property AOM 11-3819 Boundary 0.25 0.5 ADPv 11-3819 111::! Design Overlay District _ _ ,; Planning Area Fayetteville 1 M l le@pril 25, 2011 Planning Commission ADM 11-3819 Villas at Fores Major Modification Agenda Item 2 Page 7 of 8 Hills April 25, 2011 Planning Commission ADM 11-3819 Villas at Forest Hills Major Modification Agenda Item 2 Page 8 of 8 aye eyrie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: April 19, 2011 PC Meeting of April 25, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 11-3770: Conditional Use Permit (262 N. SCHOOL/KINGFISH, 484): Submitted by ARCHIBALD SCHAFFER for property located at 262 NORTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.15 acre. The request is for a conditional use permit for outdoor music. Planner: Andrew Garner BACKGROUND: Property: The subject property is located at 262 North School Avenue, is zoned MSC, Main Street/Center, and contains approximately 0.15 acre. The property is currently utilized for the Kingfish Bar. Proposal.: The applicant proposes to have live music a few times a week outside in a new stage area in the southeastern corner of the property as indicated on the site plan submitted by the applicant. As indicated on the drawings the speakers for the outdoor music area would face northwest toward Dickson Street. Request: The applicant requests approval of an Outdoor Music Establishment, Use Unit 35, within the MSC zoning district. Public Comment: The applicant notified all property owners within 500 feet of the site of the proposed outdoor music establishment, and a public notice sign has been posted on the property in accordance with code. Staff has not received any public comment. Surrounding Land Use: Direction from Site Land Use Zoning North Commercial (bookstore, bars, restaurants) MSC South City parking lot MSC East Private parking lot MSC West Walton Arts Center MSC GENERAL PLAN DESIGNATION: Neighborhood Plan -Downtown Master Plan RECOMMENDED MOTION: Staff recommends approval of a conditional use on the G:IETCIDevelopment Services Review120111Development Review111-3770 CUP 262 NSchool (Kingfish)103 Planning Commission104-11- 111 Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 1 of 18 subject property to allow outdoor music with the following conditions: 1. Prior to the operation of outdoor music on the subject property, a Certificate of Zoning Compliance, indicating all conditions have been met for this Conditional Use Permit, shall be obtained by the applicant from the Planning Division to validate this approval. 2. This conditional use shall be brought back to the Planning Commission for review for further action or revocation should the City receive valid complaints as a result of the outdoor music establishment. Determination of a subsequent review shall be made by the Zoning and Development Administrator. 3. 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. 4. When in use, the speakers or other amplification devices shall always face away from residential properties (shall face north to northwest). 5. Relocation of the stage area or speaker location other than indicated in the site plans herein shall only be approved by the Planning Commission. 6. Prior to construction of the stage, the applicant shall consult with City Planning and Building Safety Division staff to discuss the specifications and dimensions of the stage in order to determine what, if any, building permits are required. As an informational item to the applicant, the new stage will be subject to all Unified Development Code requirements, including the Downtown Design Overlay District standards. 7. The hours of operation of the outdoor music establishment shall be limited to those listed herein: Thursday — Sunday; 2:00 P.M. - 11:00 P.M. 8. Compliance with the City's noise ordinance, as enforced by the Police Department. All music (acoustic or electronically amplified) shall be subject the regulations as follows: (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. G:IETCIDevelopment Services Review120111Development Reviewlll-3770 CUP 262 NSchool (King%ssh)103 Planning Commission104-11- 111Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 2 of 18 Use Districts TABLE 1 Maximum Time Noise Levels All residential zones 7:00 a.m. 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. 9. Signage shall comply with the City's sign ordinance. 10. The applicant shall comply with the Alcoholic Beverage Control District's permit for serving alcohol and associated restrictions on outdoor music. PLANNING COMMISSION ACTION: Required YES ❑ Approved ❑ Denied Motion: Second: Vote: Date: April 25, 2011 Comments: The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: § 163.02. AUTHORITY; CONDITIONS; PROCEDURES B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. G:IGTCIDevelopment Services Review120111Development Review111-3770 CUP 262 NSchool (Xingfish)103 Planning Commission104-11- 111Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 3 of 18 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 the MSC zoning district. 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 o ant the conditional use; and Finding: The Planning Commission is empowered under § 163.10 (see attached) 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 requested conditional use could adversely affect the public interest if restrictions are not placed on the operation of the Outdoor Music Establishment at this location. There are multi -family and single family residences to the southeast of this site that are in close proximity of the proposed stage area. The multi -family residences are within approximately 50 feet of the proposed stage. These residences could be adversely impacted by noise associated with the proposed outdoor music if specific measures are G:IETCI Development Services Review120111Development Reviewll 1-3770 CUP 262 N School (Kingfish)103 Planning Commission 104-11- 111Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 4 of 18 not taken lessen impacts. The Fayetteville Noise Ordinance, which limits sound levels within the city limits, along with restrictions on hours of operation, should provide limitations which will allow the outdoor music establishment to operate without causing major adverse affects to adjacent residential districts and the general public by limiting the hours of operation to Thursday — Sunday, 2 PM — 11 PM. Additionally staff has recommended limiting the location of the speakers to specific areas within the area, and to direct the speakers to the north and northwest, away from residential properties to the south and southeast. (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 individual conditional use request per Section 163.10: (A) A site plan has been submitted indicating the location and direction of the speakers. Additionally, the applicant has provided information regarding hours of operation. As listed in the conditions of approval, staff recommends further limiting the hours of operation from that described by the applicant. (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: The property is Ideated in downtown Fayetteville with nf_f-cite parking available in the City -owned parking lot adjacent to the south and on surrounding streets. Pedestrian access is available from the existing sidewalks. (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: This business is served by off-site parking spaces as described above in Finding 2.a. The proposed outdoor music establishment would not require additional parking spaces pursuant to Fayetteville Unified Development Code Section 172.05(A)(5). Staff has recommended conditions of approval G:IETCIDevelopment Services Review120111Development Review) 11-3770 CUP 262 N School (Kinglish)103 Planning Commission104-11- 111 Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 5of18 listed on pages 1 and 2 of this report to mitigate potentially adverse noise effects generated by the outdoor music establishment on surrounding properties. The primary condition being that the speakers for outdoor music must be directed to the north or northwest, away from residential property to the south and east and that hours of operation be limited to Thursday — Sunday 2 PM — 11 PM. Staff finds that with proper restrictions and established ordinance provisions, allowing an outdoor music establishment to operate at the subject property would not result in adverse economic, noise, glare, or odor effects. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The Solid Waste Division currently provides service to this establishment and would not be affected by this conditional use permit for outdoor music. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Appropriate public utilities exist currently to serve the bar and would not be affected by this conditional use. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: No screening is necessary for this request. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: All signage shall be permitted in accordance with city sign regulations. (g.) Required setbacks and other open space; and Finding: Compliance with all required setbacks shall be reviewed and required should development or improvements to the building be proposed. A condition of approval is recommended on page 2 of this staff report to ensure that, if needed, building permits are obtained for construction of the new stage. (h.) General compatibility with adjacent properties and other property in the district. G:IETCIDevelopmenl Services Review120111Development Review111-3770 CUP 262 N School (Kingfish)103 Planning Commission104-11- 111 Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 6 of 18 Finding: As outlined in Chapter 163.10: "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." The subject property is not within the exact area defined by ordinance as the Fayetteville entertainment district. However, the site is approximately a half block south of Dickson Street and is in the immediate vicinity of the bars, restaurants, and other entertainment associated with Dickson Street. Given that surrounding properties are primarily developed and zoned for commercial and mixed uses, staff fmds that the proposed use, with restrictions, is compatible with surrounding properties. There are some residences located approximately 50 feet to the southeast of the proposed stage area. With the condition of approval that the speakers be directed away from these residences, the noise impacts should be minimized where this use would be reasonably compatible. G:IETCIDevelopment Services Review120111Development Review111-3770 CUP 262 NSchool (Kingfish)I03 Planning Commission104-11-1llComments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 7 of 18 161.24 Main Street/Center (A)Purpose. A greater range of uses is expected and encouraged in the Main Street / Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi- story buildings in the Center are well-suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility G:IETCIDevelopment Services Review120111Development Review111-3770 CUP 262 NSchool (Kingfish)103 Planning Commission 104-11-111 Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 8 of 18 (C) Dens 'ty. None. (D)Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front facilities Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Ui i#.aS Otdoo music establisbn e iti Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Dens 'ty. None. (D)Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal fagade of a building shall be built within a hnild-to znne that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line of an alley 12 ft. (F) Minimum buildable street frontage. 75% of lot width. (G)Height Regulations. A building or a portion of a building that is located between 0 G:IETCIDevelopment Services Review120111Development Review111-3770 CUP 262 N School (Kingfish)103 Planning Commission104J 1-111Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 9 of 18 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 4 stories or 56 feet, whichever is less. A building or a portion of a building that is located 15 feet or greater from the front property line or any master street plan right-of-way line shall have a maximum height of 6 stories or 84 feet, which ever is less. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8-07-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) 163.10 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 may be allowed as conditional uses where they are permitted 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 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. (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. (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. (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. (Ord. No. 4409, §2, 8-6-02; Ord. 5271, 9-1-09) G:IETCIDevelopment Services Review120111Development Review111-3770 CUP 262 NSchool (Kingfish)I03 Planning Commission109-11-111Comments and Redlines April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 ___ Page 10 of 18 Kingfish 262 N. School Ave Fayetteville, AR 72701 • Kingfish is proposing to put a wooden stage in the SE corner of our property. • We will be having happy hour/early evening live music business and weather permitting. Similar to Jose's or Rogue's operation of their live music conditional use permit • We will be adding 2-4 more employees. • We are a private club and will have no one under the age of 21. We expect to add 30-50 more people during the busy scenario. Our current patios add about 40-50 persons during the spring -summer and we expect the addition of a stage to add 30-50 on evenings we have attractive entertainment. • This is addition is for folks to see some acoustic/small acts a few nights a week. • The stage will have roughly 125-175 sq ft. • There will be a roof over the stage. • The stage will face west/northwest toward the back of Walton Art Center and toward our decks. • There will be electricity and lighting. • We will keep noise levels in compliance with ordinance. • There will be no real traffic impact with adding such a small space to the Dickson Street entertainment area. • We believe that we are no different that any other business that operates a conditional use permit in our zone. • We expect to have music during business hours of 2pm-2am. No music will be playing after 1:30am. We do expect to have early evening live entertainment and we do not expect to have live music after midnight. April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 11, of 18 Kingfish, LLC 3200 N. College Ave Fayetteville, AR 72703 Dear Adjacent Property Owner: March 8, 2011 Kingfish proposes an addition to our property at 262 S. School Ave. Our property is zoned MSC with .15 acres. The property is in use as a bar now and we propose to have some live music a few times a week out on the proposed stage, weather permitting. We would like to put a small stage (approx. 125-175 sq ft) in the SE corner of our property. We will comply with all sound ordinances and applicable laws. This project is scheduled to be heard at a public hearing as follows: Public Hearings: Planning Commission; 5:30pm March 28, 2001; 113 West Mountain Street (City Administration Building Room 219) Fayetteville, AR 72701 If you have any questions about this project please contact me or the City of Fayetteville at the contact information listed below. Sincerely, Archie Schaffer, IV Contact Information: Property Owner: Tim Klinger 479-236-3779 Property Manager/Tenant: Archie Schaffer 479-283-9259 Review Location. The project information is available for public review at the City of Fayetteville Planning Division, 125 West Mountain Street, Fayetteville, AR 72701 Monday -Friday 8AM-5PM; 479-575-8267 April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 12 of 18 beller: L1ty c'r Iayettev1L]el nrI:ansas Address: 226 School Ave. Fayetteville, Ag 0 8 ii 1 Pit P- a • w ` N89°57'50'E <', ; 104.86' l� 89°!2'51"E 8.64' LL 04 curb S89°53'IO" 136.95' C 1f71 3 8 Cil Graphic Scale; 0 /5 30 In al. 0 fn 445,2„4 Air 2,' - 60 C� SURVEY DESCRIPTION A part of Lot Seven (7) in Dior.: Five F5), Original Plat or the Eiby of fayettevil he, Arkansas, being mese par ti cnlarly inn -Conti as tai lova: Beginning at the Northwest corner of the South 45.00 reel of sank tot Seven U7; thence 1f') 22'p7"ll I.S(I feet a Icsig the Nest line of said lot Seven f71 to a point in line uith the Nerth ualI. of an exibtig7 brick dui'ding at 226 N. Sc1oiiI Ave; thence 483'57'5(11 I04.86 feet ahma the North call of said b'i'ding to the Northeast corner of said hgilcinq; therm N83°I?151"E 3069 feet; thence S01"56'3E"E 16.31 feet; thence 389'SPIP'A along an existing nlrh 136.35 feet; thence '188°23'0114 3.117 Peet; thence tt58v 7'Ofl d,6'1feet to the Hent line of said- Lot Seven 171; thence NitO "?2'07-A 42.52 feel to the print si beginning. ,•EJEQTIAWh I,ON 171 O .. 3VP, OF LEGEND • - FOUND IRON PIN O —SET IRON PtH • --STONE MARKER EXISTING FENCE MA t569 N College Age Suilc 202 l'eynwv, le, A ek aas:'s IA'f111 501 144 8784 A an Reid & ASSOCIATES Flalh.iSIINAL LAND StInvEnd IS NAME. 'fico K1 i,n F;eL CITY: Fayetteville COUNTY: Washington STATE: Arkansas SCALE: 70' DATE September 1.5, 1993 ,1OR Nd 93?NMI 25, 2011 P1 hninq Commission CUP 11-3770 Kingfish Agenda Item 3 Page 14 of 18 CUP11-3770 Close Up View DICKSON ST KINGFISH m a . �I rim I �/ x Jt 'el 9 is (I 041111 in iiiii 1 MSC 1I as el i If 1 id it 1�I 1 SPRING ST L!gend J RI gi V W le 1a 0CUP11-3770 1 1 ! Ma� i �'�Muti-Use Trail (Existing) !I5 ails ir 0 11 il I la W 1 sFootprints 2010 Hillside -Hilltop Ov t__ _! Design Overlay Di Design Overlay Di Planning Area Fayetteville a rlay District strict strict 0 75 150 300 950 600 F et April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 15 of 18 CUP11-3770 KINGFISH One Mile View .1,4WTRORN ST 24 a9Pd O EN ST RBP1 RSP -4 R %4 R8PdQ` nS -. RSw N r PROSPECT ST x. P PROSPE▪ CT ST '• REFI RSF4 ST R6P1 f ld - - Tl R�BECCA 9T < yf+ LOUISE S7 rAIC34 ; I-� `' ' Rar- RBp a R SUBJECT PROPERTY ST RSR4 , 8 t �y. _ RBF4 .-,.,_�d MAPLE STdl'4�- - 2 eac I:Br. II co '_. :—'� M6 REFI R W -I asrd RS,. -al., +! LAFdYf=£Tf--as,.._ _ �I�.1 we. .: Z RSP- RP7n-_-- mau ' ° suruoN gy RaP '. -MBG RIF -4 T _ s `�G��d�i M9`o' ma al. 6,044t• fbC 1'Ef US LIC P -I / MeC MW S MSG Bt: MSC Overview tpla,._• i y▪ :▪ - F • Nlii'f r it Y�r14 •b Legend Subject Property CUP11-3770 Boundary 0.25 0.5 CUF 11-3770 Design Overlay District 4 _ _ Planning Area Faye tteville 1 Miles April 25, 2011 Planning Commis ion CUP 11-3770 Kingfish Agenda Item 3 Page 16 of 18 I,t April 25, 2011 CUP 11-3770 Close Up View KINGFISH ,• 'e' 1U RESTAURANT V nein MULTI FAMILY 10 SUBJECT PROPERTY PROFESSIONAL OFFICES C:un CUP 1-3 uti-Use krit ,,,footprints 2010 Hillside -Hilltop Ov j_ _ ! Design Overlay Di Design Overlay Di Planning Area Fayetteville SlL IT •rlay District -trict -trict 0 75 Ise 300 450 500 Feel CUP 11-3770 Kingfish Agenda Item 3 Page 17 of 18 April 25, 2011 Planning Commission CUP 11-3770 Kingfish Agenda Item 3 Page 18 of 18 aye .evi le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 25, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: April 18, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 RZN 11-3799: Rezone (CORNER OF MT. COMFORT RD. & OAKLAND AVE./OAKLAND COURTS, 405): Submitted by ROBERT SHARP ARCHITECT, INC. for property located at the corner of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and contains approximately 1.43 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Planner: Dara Sanders BACKGROUND: Property Description and History: The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort, Oakland Avenue, Hazel Street, and Storer Avenue. This site is located north of North Street and the University of Arkansas and is located near several existing bus stops. The properties to the north and south are primarily multi- family residences with nonresidential services to the east and west. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Single- and Multi- family residences RMF -24, Residential Multi -family, 24 units/acre RMF -40, Residential Multi -family, 40 units/acre South Single- and Multi- family residences RMF -40, Residential Multi -family, 40 units/acre R -O, Residential Office West Single- and Multi- family residences Retail, eating places, office, and gasoline stations RMF -24, Residential Multi -family, 24 units/acre C-2, Thoroughfare Commercial East Single- and Multi- family residences Offices and the St. James Church RMF -24, Residential Multi -family, 24 units/acre R -O, Residential Office Proposal: The request is to rezone the property from RMF- 24, Residential Multi -family 24 dwelling units/acre, to CS, Community Services. The applicant has stated that the intent is to develop the subject property for multi -family residences along Oakland Avenue, Hazel Street, and Storer Avenue and for nonresidential uses along Mount Comfort Road, which is accessed directly from North Street. Public Comment: Staff has not received public comment. April 25, 2011 Planning Commission RZN 11-3799 Oakland Courts Agenda Item 4 Page 1 of 18 RECOMMENDATION: Staff recommends forwarding RZN 11-3799 to the City Council with a recommendation for approval based on findings stated herein. lialreg 1 25,1 r_ rk tEur Date INFRASTRUCTURE: Streets: The site has access to Mt. Comfort Road, Oakland Avenue, Hazel Street, and Storer Avenue. Mount Comfort Road is an improved two lane city street in this location; however, Oakland Avenue, Hazel Street, and Storer Avenue are unimproved paved two-lane city streets along this property frontage. Street improvements will be evaluated at the time of development submittal. Water: Public water is available to the property. There is 1" water main on the east side of Oakland Avenue, a 1" main on the south side of Hazel Street, and a 1.25" main on the west side of Storer Avenue. Public water main improvements may need to be extended to the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is a 6" public main located along the west side of Oakland Avenue and along the west side if Storer avenue. Public sewer improvements will be evaluated at the time of development submittal. Drainage: Standard improvements and requirements for drainage will be evaluated at the time of development. This property is not affected by the 100 -year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department does to find that this request will cause a substantial call volume increases or traffic danger and congestion problems. Fire: The Fayetteville Fire Department has not expressed concerns with this request. April 25, 2011 Planning Commission RZN 11-3799 Oakland Courts Agenda Item 4 Paget of 18 __