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HomeMy WebLinkAbout2012-11-13 - Agendas - Final Planning Commission Planning Commissioners Officers Blake Pennington William Chesser Porter Winston,Chair Matthew Cabe aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Craig Honchell Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting November 13, 2012 A meeting of the Fayetteville Planning Commission will be held on November 13, 2012 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 New Business: 2. ADM 12-4260: Administrative Item (4703 N. CROSSOVER RD./FAYETTEVILLE FARMER'S MARKET, 099): Submitted by LORI BOATRIGHT for property located at 4703 NORTH CROSSOVER ROAD. The property contains approximately 37 acres and is zoned R-A, RESIDENTIAL-AGRICULTURAL. The request is an amendment to the approved CUP 10-3551 to allow a tent and additional days and hours of operation for the Fayetteville Farmer's Market Botanical Garden site. Planner: Andrew Garner 3. ADM 12-4256: Administrative Item (617 N. COLLEGE AVE./MGB PHOTO, 445): Submitted by MALLORY BERRY for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is to allow for a temporary retail structure (airstream trailer)to remain on the property for longer than 90 days (Use Unit 2). Planner: Quin Thompson 4. ADM 12-4259 Administrative Item (UDC AMENDMENT: SUBDIVISION REGULATIONS IN THE PLANNING AREA) Submitted by CITY PLANNING STAFF to modify the subdivision regulations in the Fayetteville Planning Area(UDC Section 166.08.13) to be consistent with Washington County requirements. Planner: Andrew Garner The following items have been approved administratively by City staff.• LSP 12-4226: Lot Split (143 & 131 W. ELM ST./LEGACY VENTURES, 367): Submitted by BATES AND ASSOCIATES for properties located at 143 AND 131 WEST ELM STREET. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains two lots totaling 2.07 acres. The request is for a lot split and property line adjustment to the subject properties resulting into three tracts of approximately 0.18, 0.18, and 1.71 acres. Planner: Andrew Garner 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. aerle PC Meeting of November 13, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-5267 TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: Updated November 7, 2012 ADM 12-4260: Administrative Item (4703 N. CROSSOVER RD./FAYETTEVILLE FARMER'S MARKET, 099): Submitted by LORI BOATRIGHT for property located at 4703 NORTH CROSSOVER ROAD. The property contains approximately 37 acres and is zoned R-A, RESIDENTIAL-AGRICULTURAL.The request is an amendment to the approved CUP 10-3551 to allow a tent and additional days and hours of operation for the Fayetteville Farmer's Market Botanical Garden site. Planner:Andrew Garner BACKGROUND Property Description: The subject property is located in northeast Fayetteville at 4703 North Crossover Road. The site is zoned R-A,Residential Agricultural and is developed for the Botanical Gardens of the Ozarks.The 6.4-acre site is part of the overall 468-acre City-owned Lake Fayetteville Park. The surrounding land use and zoning is listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North and West Undeveloped Lake Fa etteville R-A, Residential Agricultural South Rural residential R-A, Residential Agricultural East Single family residential I R-O, Residential Office Botanical Gardens Farmer's Market: On April 12, 2012 the Planning Commission approved a conditional use permit for the Fayetteville Farmer's Market to operate at the Botanical Garden's site at 4703 North Crossover Road. A full copy of the permit (CUP 10-3551) is attached. Proposal. The Fayetteville Farmer's Market proposes to modify CUP 10-3551 to change the days and hours of operation and to allow a large tent to be permanently installed on the Lake Fayetteville Park property.As indicated on the attached aerial photo provided by the applicant,the market would be south of the Botanical Gardens of the Ozarks in the meadow south of Hilton Creek.The area east of the trail would remain as parking for the market,parks and garden users.The tent is a tent similar to those used for selling fireworks. The tent would be a 48-foot by 135-foot oval, roughly 5,000 square feet. The days and hours of operation are proposed as follows: G:IETCIDevelopment Services Rewew120120evelopment Reviewl12-0260 ADM Farms Market(Botanical Gardens)103 Planning Commissionlll- 13-20121Comments and Redlines November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 1 of 58 • Year-round on Saturdays from 7 a.m. to 12 p.m., Sundays from 9 a.m. to 2 p.m. and on another day of the week from 4 p.m. to 7 p.m. ■ Other days and hours of operation for special events throughout the year to be held at the tent site by the Fayetteville Farmer's Market or the Botanical Gardens of the Ozarks. Public Comment: No public comments have been received. RECOMMENDATION City Planning and Parks staff along with the Park and Recreation Advisory Board recommend in favor of the applicant's request. Staff finds that the proposal will be consistent with the previous conditional use permit and the expanded days and hours of operation would allow a wider number of people to access the farmer's market. The expansion of the market is compatible with the surrounding parks land and Botanical Gardens uses. There is the potential for the large permanent tent to adversely impact parks and trail users.The tent could compromise the aesthetics of the park or result in safety or maintenance issues because the tent will be left unsupervised a majority of the time. In order to ensure that this is not a problem staff recommends that the tent be permitted on a trial basis from November 2012 to March 2013. If there are complaints from the public or issues noted by staff this request may be brought back to the Planning Commission for full consideration. Recommended Motion: Staff recommends approval of ADM 12-4260 Botanical Garden's Farmer's Market Conditional Use Permit Modification with the following conditions of approval: Conditions of Approval: 1. CUP 10-3551 is hereby amended to allow the Fayetteville Farmer's Market at the Botanical Gardens of the Ozarks with the tent as described in the materials submitted by the applicant and the following hours of operation: a. Year-round on Saturdays from 7 a.m. to 12 p.m., Sundays from 9 a.m.to 2 p.m. and on another day of the week from 4 p.m. to 7 p.m. b. Other days and hours of operation for special events throughout the year to beheld at the tent site by the Fayetteville Farmer's Market or the Botanical Gardens of the Ozarks. 2. The modification to CUP 10-3551 is for a trial period from November 14, 2012 through March 31,2013.During that trial period City staff will evaluate the public reaction to the tent and how it affects trail and park patrons. If staff determines that the tent results in park or trail user conflicts,issues with graffiti, trespass,maintenance,or any other adverse impacts, staff may bring this request back to the Planning Commission for full consideration. If the G:IETCIDevelopmenl Services Review120121Development Reviewll24260 ADM Farms Market(Botanical Gardens)103 PlanningCommissionlll- 13-20121Comments and Redlines November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 2 of 58 trial period expires and stal'f does not bring this request back to the Planning Commission, the conditional use permit is permanently modified and approved as described herein. 3. Prior to use of the tent the applicant shall coordinate with the City hire Marshall's office to ensure that the tent meets all applicable lire codes. Planning Commission Action: ❑ Approved ❑ Denied Motion: Second: Vote: Meeting Date: November 13.2012 (a F_'lZlUerelupnrew Se)"dcer Rewe.0 2ll!?I Uetrlvpnrew Reviewl12-4260 111)b1 Purm.e Mnrkrr Riormtfcrr!qurdrracJl!!3!'hu+ning G.unnirsin+rl!!- 13-2012lConmieeu and Bedtimes November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 3 of 58 November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 4 of 58 APPLICANT'S SUBMITTAL November 13,2012 Planning Commission A911.4 4P 4;169 ray F;8FM8ffi 1!8FIEet Agenda Item 2 Page 5 of 58 FAYET EVILLER F 4MTW Rural Mountain Producers Exchange PO Box 3076 Fayetteville AR 72702 www.fayettevillefarmersmarket.org Please see attached maps and manufacturer Instructions for tent set-up. To Development Services Dept.: Regarding Conditional Use Permit, CUP 10-3551. Fayetteville Farmers' Market(FFM)developments at the Botanical Garden of the Ozarks (BGO) The FFM requests amendments to our current Conditional Use Permit to provide additional opportunity to the FFM vendors and added convenience to the public. We are no longer operating at the MITI District location. We would like to erect a tent on BGO property allowing both FFM and BGO use of this semi- permanent structure. The tent would remain in place, but without permanent foundation. The tent would be erected by FFM volunteers with supervision from the manufacturer. This tent is to be maintained by the FFM. We would like to add additional days and hours of operation at the BGO location to our Conditional Use Permit including Saturday,Sunday and one weekday as approved by City Council October 2,2012. (Ordinance 97.086) Other days/hours of operation outside of these listed would allow for special events to be held at the tent site by FFM or BGO. Please see attachments for site plan. Respectfully, Fayetteville Farmers' Market Board of Directors and Management November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 6 of 58 FAY ET FYI LLE r Rural Mountain Producers Exchange PO Box 3076 Fayetteville AR 72702 www.fayettevillefarmersmarket.org The following information describes the tent that the Fayetteville Farmers'Market wishes to erect at the Botanical Garden of the Ozarks. SPECS: Manufactured by Miami Missionary Tent Company,Miami OK, DBA—www.aosoeltents.com The FFM tent specs are as follows: 0 48 x 135 Oval o Ceiling 20' Center Polls—12 gauge galvanized steel 2.375 In dia..095 wall o Walls a' Wall Polls—12 gauge galvanized steel 1.66 in dla..065 wall o Stakes 7.5'apart o Corner poles 5'apart Same specs as Wall Polls o Solid White,IS oz vinyl o Center O Rings&D Rings—chain welded steel Site Plan: The tent will be set 75'south of Hilton Creek and 25'west of the lake Fayetteville Trail. The length,1351,to run east and west. The east side of the trail will remain as customer parking for the Market,BGO and the trail. Please see attached maps and manufacturer Instructions for tent set-up. November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 7 of 58 7 No 7 y kir, 1 f // i•-:!� Tf+a a ' � � cry- 1 t- .69� viTte Park.- r a 1' �`( i JrdA L) 1 1^t � f 'tf, 11 ,J z l f %"4rn' � - 6MApKAN'E�-,S1la f 7t 1 10000. yy 11 'k 1 Y Ali K ' 1_ x ?� ` � u 'r { � ! fp - _ rl '!5.`t= s A '''.',� j,,� • CCC��� .,' 9 Y'v I•Y `: � t+� � ,�,t-Y� °� _rl,�..���sff �1.�'�j* �._ '/ `I J'��7��. � � 1 -- . 1f9 09S'C 11 ��'�y ��,v ,rrrz*t`�{ d�r r �! �` • , i� 191729f f n F r j'{ - � � •.; I lw Yi4 yet] �r 7 r�x�FVY� - �" iF,s � . It I !r , I% +r 4, r. 1 v r• b T fl I"1r , Page 8 of 58 FAYET EVILLEto Rural Mountain Producers Exchange PO Box 3076 Fayetteville AR 72702 www.fayettevillefarmersmarket.org L . s f1 I I November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 9 of 58 J1112 Party Wedding and Revival Tent manufacturer Contact US I •ter I. (:Irf'�111Iv'('II'dfAndWwMtGuI110I4'1/•11147, I'llxLli1xd1M111Ilm1 i.15lceelAI1aa11.k'.11x1lughcxn.+>ag11Sorgrxxldr.lihap'r. NaW[I(�Ptl1Ll)O III,g1nl 4'I1fIN Ills pvllrr 11!$Wle 10'111 W1II}x•.1nfl ap1'e a te711I117.r1)'q.11fa. I1\MI I7:1{e O1X'OS nNNt•TII?ak` SVIVIOna .17.11111 INV 111eAt We iP Him rem 'hl 1.113'1.11EuBt. ur 1H 171(C 71k'.t511rP 11M'111 d�+I1ux11 iii C'I61[i IMk1N'I6 gY'ISlal`IIIC ptulur1�iculncclWtatrncent{•rpuly�Baaloiriv.•a1Ng1.lIlelnikn.liy� l {I. to.lulrnkelHlof(uurismurnff7e Ur::.L...6......1d.l�L 11..L,.�1...1 w.1.1.11.1 e. 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'Ilk' :,"!holy m)r n ptu':dzd to lit rl,rutgli 6k)l)1 46111 IIlr Illaklt•1'til•71.14 Lunt to 11.111g\tall'611an %valk' . :Si 14' plt!y Nh'l ii']Utkr lig ur?C)0,r uxvl u,tic 1110 CIA%of sidrwdh it,evil!Nubs ulkl/ur 6dtt)cl utllrl.;(}It'l'CICI mlclull(41) i/ rept',tcll'K'r d'ort,)Arc use([to secure the I,(ittotn of cxleualIs ml s;III polis, to tic gissurd%illi platilts or sttkts.Alma.t(0,)to hnkt s'slewall up if_sou roil k11eiu Lilt oil leo. 'her: Ah ud ala r, , 0,l;i I i s 1111 v ti)s:f =r ploo ls' i Priers 1 i1_:t�ei� lb.;rip 0,t ry .gospeltent.com/setUplimages/31.htmi 3l November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 12 of 58 A . J If 7-29 N ] ; A.4 < I IBVIIIB Park I. 1 1 G111OFFAYghURIEARKAN$RS " , +• +1 Y'� �{ ' YehIrJ .]u.l3lzro-opo:' .[LYS`f I;� f { Irf I �Y'�'Y� a ,I �;h} ''�,• � yi I�F '•' I' ,yLf - r;i, F Int 4 � r � f• r �+ ,v' .. v.. ,1� I � ossp I y l� 1917291 oss�c rf s u� ,f•°Y01411]�IJ ry�V ✓ I Cyt ,`` Fpr �'' w �•, , I, ��Fyl; , ', 1a i ,I_ 't G CI --, SIS .� 1' vL•�y i ;i YJ 1 + 1 I ovem e Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 13 of 58 FIRE .MARSHAL CERTIFICATE INFORMATION for MIAMI MISSIONARY TENTS The Miami Missionary Tent Co. Inc. utilizes ARCHITENI'®WIDESIDEO HD 14 oz. in the manufacturing of their tents.ARCHITENT WIDESIDE HD 14 oz, is a superior tent fabric incorporating the use of virgin vinyls with a specialized polyester textile reinforcement. ARCHITENT WIDESIDE HD 14 oz. fabric is manufactured to meet rigid specifications of the California State Fire Marshal Small Scale Test, and is registered with the California State Fire Marshal as a flame resistant product, the registration number being FA-12216. In addition to test results, California State Fire marshal certificates are on file for our materials. Although the California State Fire Marshal test has very stringent require- ments, we realize that specific counties or regions may require additional information or a different flame test method. For this reason we have also tested ARCHITENT WIDESIDE HD 14 oz.against the NFPA 701 Large Scale Test.ARCHITENT WIDESIDE HD 14 oz.complies with NFPA 701 Large Scale as documented by independent laboratory test report No. 2- 43515-0. ARCHITENT WIDESIDE HD 14 oz. is tested in Herculite Corporation's testing laboratory by qualified lab technicians in accordance with Federal Test Method Standard 191A. For additional information, please call Herculite Customer Service at 800-772-0036, or email customercare©herculite.com. (0103) November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 14 of 58 Certificate of Flame Resistance 11=919AW ISSUED BY Dole We,*Per/armed APPMCATrUN 04111 \v CONCERN No. Hr p preox 43S Ins. — E 1 ✓p Emter'Wq PA 11319 Yfx F-12218 i i i This it to enftfy shat the mgwrfafa demriberl on the bottom hemof hme been llama-retardant neared i (or are inherently aoglammable). FOR Waml Missionary Tent AT 129 S.Treaty 51. i I CITY Miami STATE OK,74354 Cerrylectlaa re hereby made that:(Check"a"or"b'y i ❑ (a)The Arlinles described on the bell..of this CartiRcato Lave been treated with a Ranco-retardant chemical i approved and registered by rbc Stato Fire Marshal and that the application of said chemical was done I in conformnnec with the laws of the Slaw of Califbmia and Uie Rules and Rogulathms of tha Shaft; t Fire Marshal. I Name ofchumical used Chem,Reg.No i ! Method ofapplicalion t i j (b)The aHiclas described on the bosom hereof are made from a Same-rasiswnt fabric or material registered r and approved by the State Fire Marshal for such use. i t Trade name of(lame-msisNnt fabric or malodal used WWostda HD Premium Re0.No f•12210 f i The Flame Retardan[Procas Used WILL NOT Be Removed By Washing i By i (will m•wtfl n"d ��,,I � Name ofProduction Superintendent Q C Mungrer I November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 15 of 58 C ONTRO4 NUMBER 4TO81 CUSTOMER ORDER NUMBER YENBALTBA CUSTOMER WVO1CB NUM39R 00173148 YARDS OR QUANTITY L800 Y0 COLOR WhBe STYLE Widastee HD Preml018 DATE PROCESSED 041 WMI HV 311U13113AVc1 H130M N310 13)IHVW 9N3WW:J 311 OLUAVd a0J LWb£'ORM'101""3AHM AU X84 VX 30V,L3 I November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 16 of 58 BOTANICAL GARDEN ES U August 17, 2012 Mayor Lioneld Jordan City of Fayetteville Administration Building 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: The Botanical Garden of the Ozarks and the Fayetteville Farmer's Market have joined as community partners for several years to provide natural foods and crafts to the public and to bring both residents and visitors to the Botanical Garden. The Botanical Garden Is very supportive of the efforts of the Fayetteville Farmer's Market. With the approval of city officials, Fayetteville Farmers Market has the approval of the Botanical Garden of the Ozarks and its Board of Directors to operate on the grounds of the Botanical Garden on dates and times mutually agreed upon agreed upon by both parties. In addition, with the prior approval of the Botanical Garden, the Fayetteville Farmer's Market may on occasion conduct other special events and activities at the Botanical Garden. The Botanical Garden of the Ozarks supports the efforts of the Fayetteville Farmer's Market to maximize its public exposure and maximize sales of its products. Sincerely, " cl/ Ronald Cox Executive Director 4703 N. CROSSOVER ROAD PO. BOX 10407 FAYETTTVILLE. ARKANSAS 72703-0042 TEL 479750-2620 FAX 479.756.1920 \'JWW BGOZARKS.ORG November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 17 of 58 November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 18 of 58 INFORMATION FROM CITY PARKS DEPARTMENT November 13,2012 Planning Commission ABlul 12 4268 Fay Fa ..e s v a kat Agenda Item 2 Page 19 of 58 • ale Lv a THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S To: Planning Commission Thru: Connie Edmonston, Parks and Recreation Director r From: Alison Jumper, Park Planning Superintendent cvi Cc: Andrew Garner, Senior Planner J Date: November 6, 2012 Subject: ADM 12-4260 Fayetteville Farmers' Market The Fayetteville Farmers' Market(FFM) request to expand hours and days of operation of the Market at the Botanical Gardens of the Ozarks at Lake Fayetteville was reviewed by Park Staff and the Parks and Recreation Advisory Board (PRAB). PRAB approved the request at the September 10th meeting 2012 (see attached minutes). Since that time a second request to erect a large tent on the property was submitted to Park Staff. Staff is supportive of the request for a trial period of November through March for the tent, at the location proposed by the FFM. At the end of March 2013, Staff will evaluate the public reaction to the tent and how it affected trail and park patrons during this trial period to ensure there are no user conflicts, issues with graffiti or maintenance, etc. The land on which the FFM operates is located within and Arkansas Parks and Tourism Outdoor Recreation Grant Boundary. According to grant requirements, this land must remain in use for outdoor recreation for perpetuity. Staff received confirmation from Arkansas Parks and Tourism and the National Park Service that there are no conflicts with this use in the grant boundary area (see attached email). Attachments: PRAB minutes September 10, 2012 Email approval from Arkansas Parks and Tourism Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 20 of 58 FAYETTEVILLE PARKS AND RECREATION ADVISORY BOARD Minutes for September 10,2012 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order by Steve Meldrum at 5:33 p.m. in Room 111 at the City Administration Building at 113 West Mountain Street in Fayetteville, Arkansas. Present: Parks and Recreation Advisory Board members McKnight, Leonard, Meldrum, Lawson, and Proffitt were present. Waite, Paul, and Watson were absent. City Staff members present were Edmonston,Jumper, and Humphry. 1. Botanical Garden Society of the Ozarks and Farmers' Market request to amend Ordinance 97.086 Vending and Peddling of Chapter 97 Parks and Recreation: Lori Boatright,Farmers' Market and Ron Cox,Executive Director of BGSO Botanical Garden Society of the Ozarks and Farmers' Market are requesting to allow the Farmers' Market to sell produce, flowers, and items on Saturday, Sunday, and one additional day within the area leased to the Botanical Garden Society of the Ozarks located in Lake Fayetteville Park. Edmonston presented the current ordinance requirements Meldrum wanted to know if they were asking to expand from one day to three days. Boatright said it would be open Saturday and Sunday and one evening during the week. It would still be the same members limited as to what they can do on the square. They would like an alternate shopping location for a different demographic. Meldrum said that the Saturday market has grown. He said this is a great idea. It would open it up to Springdale. Edmonston said the City supports growth. The only concern is the impact on Saturday's market on the square. Boatright said entirely different cliental will be served. McKnight asked if the records would be kept separately. Boatright said yes, and there would be no impact on Saturday's numbers. November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 21 of 58 Leonard asked if there would he staffing adjustments for the Botanical Gardens. Cox said no. He added that the market would be from 7 a.m. until noon,and cleared by 1 p.m, Lawson asked if the Botanical Gardens would make money from the market. Cox said no. Lawson wanted to know if they charged for weddings. Cox said yes. Edmonston said the ordinance needs to be amended to allow vending and peddling to sell on Saturdays and weekdays and also make it year round. Boatright added that the vendors need a winter market, since there isn't one available now. McKnight said lie had no objection. PRAB Motion: Proffitt motioned to accept amended Ordinance§97.054 to include Sundays and weekdays. Meldrum seconded it. Motion passed 5-0-0 by voice vote. November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 22 of 58 From: John Beneke<john.beneke@arkansas.gov> To: 'Connie Edmonton'<cedmonston@ci.fayetteville.ar.us> CC: "Jumper,Alison"<ajumper@ci,fayetteville.ar.us>,"Marr,Don"<dmarr@ci.... Date: 10/15/2012 10:51 AM Subject: FW:Lake Fayetteville Park Farmers'Market Attachments: Letter to Beneke.pdf Connie, I have consulted with staff of the NPS-Midwest Regional Office on this matter.Both I and those consulted at the NPS-Midwest Regional Office fmd this use,as it has been presented,compatible with outdoor recreational use of Lake Fayetteville Park.Please let me know if and when any changes are anticipated or made with regard to the Fanners'Market at Lake Fayetteville Park. Thank you, John Beneke,Director Outdoor Recreation Grants Program Arkansas Department of Parks and Tourism One Capitol Mall, Little Rock, AR 72201 phone:501.682.1301 fax:501.682.0081 Visit us on the web at www.outdoorgrants.com November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 23 of 58 ORDINANCE NO.5531 AN ORDINANCE TO AMEND §97.086 VENDING AND PEDDLING OF THE CODE OF FAYETTEVILLE TO EXPAND THE NUMBER OF DAYS PER WEEK THAT THE FARMERS' MARKET CAN OPERATE AT THE BOTANICAL GARDENS WHEREAS, the Parks and Recreation Advisory Board recommends that the Farmers' Market be allowed to expand their hours of operation at the Botanical Gardens of the Ozarks (if approved by this organization)from Sundays only to Sundays, Saturdays and one weekday. NOW, THEREFORE 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 amends §97.086 Vending and Peddling (B) Exemptions by repealing the last sentence of (B) and enacting a replacement sentence as follows: "The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A." PASSED and APPROVED this 2"d day of October,2012. APPROVED: ATTEST: BY• By: 4, 1wf" NELD R N, Mayor SONDRA K SMITH, City Clerk/Trcasurer j%JStK I iR l�4i� .�; A_ v;FAYETTEUILI.t. Wl_ ��iP•. �fll tJ`> t>�S Oil ilk November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 24 of 58 `tea O HEARTHSTONE DR O O U r r. L.1,,1 I'd Farmers' Market at Botanical Gardens Exhibit A 1 inch = 150 feet November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 25 of 58 City of Fayetteville Staff Review Farm City Council Agenda Items and Contracts, Leases or Agreements 10/2@072 City Council Meeting Daft x//11; Agenda items Only Connie Edmonstontt" - Parks&Recreation Parks&Recreation Submitted By Division Deportment Action wad: Approval of an Ordinance to Amend §97.088 Vending and Paddling of Chapter 97 Parks and Recreation of the Fayetteville Code to allow the Fanners'Market to extend their days and hours of operation to sell produce,flowers and items on Saturday, Sunday and on another day of the week year round within the area leased to the Botanical Garden Society of the Ozarks located in Lake Fayetteville Park. n/a $ Cost of this request Category/Project Budget Program Category/Pmject Name Account Number Funds Used to Date Program I Project Category Name $ Project Number Remaining Balance Fund Name Budgeted Here Budget Adjustment Attached /) i'y '/-'�') � 9114/2072 Previous Ordinance or Resolution# 5310 1\' De ailmam Dir cto Date §97.086 Vending&Peddling Original Contract Dale: 730-03 Lease Agreement with BGSO Original Contract Number. 9/212003 Ai orney Date 40J til. Finance and Internal Services Director Dale Received In Chy Clerk's Office ier of s Date Received in / 6/x a r ! ate Mayors Office Comments Revised January 15,2009 November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 26 of 58 Fay e1mville THE CITY OFFAYETTEVILLE,ARKANSA DEPMTMENT COR0.ESPONDENC AS .Ww.�ccessfayette vi Ile ofq CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Tbru: Don Marr,Chief of Staff Iv From: Connie Edmonton,Parks and Recreation Director :/ Date: October 14,2012 Subject: Ordinance to Amend§97.086 Vending&Peddling at Lake Fayetteville Park PROPOSAL: Ordinance §97.086 prohibits vending and peddling in parks. In 2010,this ordinance was amended to allow the Farmers'Market to sell produce,flowers and items allowed by Fayetteville Code§114.02(C)on Sundays from April until October within the land leased by the Botanical Garden Society of the Ozarks(BGSO)at Lake Fayetteville Park. See attached Ordinance#5310. The Farmers'Market is requesting to expand their market to sell goods year-round on Saturdays from 7 am to 12 pm,Sundays from 9 am to 2 pm and on another day of the week from 4 pm until 7 pm. The area requested by the Farmers'Market is within the 100 acres of Lake Fayetteville Park that has been leased to BGSO since 1997 for the purpose of operating a botanical garden. The market would he located south of BGSO,in the meadow south of Hilton Creek. The area east of the trail would remain as customer parking for the market,BGSO and the trail. See attached map. BGSO's Board of Directors has approved the Fanners' Market request to expand their operations at Lake Fayetteville Park in the BGSO leased area upon approval of the City Council. See Ronald Cox's attached letter to Mayor Jordan. BGSO and the Farmers' Market have entered into an Operating Agreement to mutually support their partnership at Lake Fayetteville Park. The Parks and Recreation Advisory Board at their September 10,2012 meeting recommended approval of the amendment to Ordinance§97.086 to allow the expansion of year-round operation of the Farmers'Market at the BGSO on Saturdays,Sundays,and another day during the week. See attached meeting minutes. If the City Council approves this proposal,the Farmers' Market would be required to modify their Conditional Use Permit from the current ordinance allowing the Farmers' Market at BGSO on Sundays from April until October to add Saturdays and another day of the week and for the time period to be year-round. The Planning Commission can not consider the Farmers' Market request for modified hours of operation until the City ordinance would allow them to operate the extended hours requested. November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 27 of 58 THE CITY OF FAYETTEVILLE,ARKANSA At a later date,the Farmers' Market has expressed interest in erecting a 48' x 135' tent to operate the market. According to the City's process,the Farmers' Market would need to submit an Administrative Item request to the Planning Commisssion to include the tent as part of their conditional use permit. RECOMMENDATION: BGSO and Parks and Recreation Advisory Board recommend approval of an Ordinance to Amend §97.086 Vending and Peddling to allow the Farmers'Market to extend their days and hours of operation to sell produce,flowers and items on Saturday, Sunday and on another day of the week year-round within the area leased to the Botanical Garden Society of the Ozarks located in Lake Fayetteville Park. The Farmers' Market is a very popular event in our City. BGSO's location within Lake Fayetteville Park will be an opportune site to expand the services of the Farmers' Market, as well as attract citizens to BGSO and Lake Fayetteville Park. BUDGET IMPACT: None Attachments: Ordinance 5310 Farmers' Market Request Farmers' Market Site Map BGSO Letter of Approval PRAB Meeting Minutes September 10,2012 November 13,2012 Planning Commission ADM 12-4260 Fay Farmers Market Agenda Item 2 Page 28 of 58