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Home My WebLink AboutOrdinance 5479 ORDINANCE NO. 5479 AN ORDINANCE TO AMEND §161.03(B)(2) OF THE UNIFIED DEVELOPMENT CODE TO ALLOW OUTDOOR MUSIC ESTABLISHMENTS TO BE CONSIDERED AS A CONDITIONAL USE IN R-A ZONES AND TO ENACT AN EMERGENCY CLAUSE WHEREAS, the City of Fayetteville adopted an Outdoor Music Establishment ordinance in 2002 that permits outdoor, amplified music with certain safeguards in place to protect nearby residents and businesses; and WHEREAS,the Walton Arts Center needs to move its Arkansas Music Pavilion (AMP) from the Mall area to property owned by the Washington County Fair Association which is zoned R-A, Residential Agricultural; and WHEREAS, the U.D.C. does not currently allow an Outdoor Music Establishment in an R-A zoning district; and WHEREAS, many properties zoned R-A are large and may be suitable for an Outdoor Music Establishment with proper safeguards; and WHEREAS, unless the City Council immediately amends its UDC to permit an Outdoor Music Establishment to be allowed as a conditional use within an R-A zoned district, the Walton Arts Center may not have sufficient time to be able to move the AMP to the Washington County Fairgrounds location and obtain a conditional use permit which will safeguard the peace, safety, and compatibility with neighboring districts. 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 §161.03(B)(2) of the Unified Development Code by enacting and adding Use Unit 35, Outdoor Music Establishments, as a Conditional Use for zoning district Residential Agricultural. Page 2 Ordinance No.5479 Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that, in order to protect the peace and health of our citizens, an emergency is declared so that this ordinance, requiring a conditional use permit be obtained prior to the establishment of an Outdoor Music Establishment in a R-A zoned district, should be and hereby is declared to be effective immediately upon its passage and approval. PASSED and APPROVED this 7th day of February, 2012. APPROVED: ATTEST: By: .t— By: �kIOYELD J N,Mayor LISA BRANSON, Deputy City Clerk ®®�®enrPreav�Pa G°° �Y °`�° y O 8 ® ®FAYETTEVILLS° 5 °®o°e,GTAO�baC°°°° MAYOR AGENDA REQUEST FORM FOR: COUNCIL MEETING OF February 07, 2012 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: Outdoor Music in R-A zones An ordinance to amend Ch. 161.03 (B)(2) of the Unified Development Code, to allow outdoor music establishments to be considered as a conditional use in R-A zones. Age _ a Item Requested by: ayor Lio��rdan Date ordinance Prepared by: Kit Williams Date City Attorney Packet Prepared by: Jeremy ate Date Director of Development Services 02-05-1 2 PO4 :08 RCVD eTHEjT1 CITY OF FAYETTEVILLE,ARKANSAS �1 1 'Ic DEPARTMENT CORRESPONDENCE ARKANSAS . , CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Jeremy Pate, Development Services DirectorQ� Date: February 03, 2012 Subject: Outdoor Music Establishments in R-A zones RECOMMENDATION Staff recommends the City Council amend Ch. 161.03 of the Unified Development Code to permit Outdoor Music Establishments as a conditional use in R-A districts. BACKGROUND Earlier this week the Arkansas Music Pavilion organization (AMP) announced its intentions to move from its current location at the NWA Mall to a site located at the Washington County Fairgrounds, off of Hwy 112/Garland Avenue. The AMP has successfully operated from a parking lot at the NWA Mall as an outdoor music establishment for several years under a conditional use permit. The new location has housed the Washington County Fair for many years, along with other events. Until recently most, including city staff, were under the impression that the Fairgrounds were owned by the Washington County government, which, as a higher form of government than the City, is not typically required to follow city zoning and development regulations. It has come to the City's attention recently, however, that the Washington County Fairgrounds are actually controlled by the Washington County Fair Association, a separate and distinct board that is not associated with the County government. Therefore, in order to develop a new outdoor music establishment, the permitting and construction must comply with all applicable city zoning and development ordinances, including the requirement to obtain a conditional use permit. DISCUSSION The Fairgrounds property is currently zoned R-A, Residential Agricultural. Outdoor Music Establishments are allowed by conditional use permit only, in numerous zoning districts; however, R-A is not one of them. Staff recommends that the R-A zoning district be amended to allow outdoor music establishments to be considered as a conditional use permit, in an effort to assist the AMP in getting a timely review by the Planning Commission for this upcoming season. If approved, the AMP would submit a conditional use permit for review by the Planning Commission, and would include safeguards for the public such as a review of the siting of the tent/amplified music, staging area, emergency access, parking, etc. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND §161.03(B)(2) OF THE UNIFIED DEVELOPMENT CODE TO ALLOW OUTDOOR MUSIC ESTABLISHMENTS TO BE CONSIDERED AS A CONDITIONAL USE IN R-A ZONES AND TO ENACT AN EMERGENCY CLAUSE WHEREAS, the City of Fayetteville adopted an Outdoor Music Establishment ordinance in 2002 that permits outdoor, amplified music with certain safeguards in place to protect nearby residents and businesses; and WHEREAS, the Walton Arts Center needs to move its Arkansas Music Pavilion (AMP) from the Mall area to property owned by the Washington County Fair Association which is zoned R-A, Residential Agricultural; and WHEREAS, the U.D.C. does not currently allow an Outdoor Music Establishment in an R-A zoning district; and WHEREAS, many properties zoned R-A are large.and may be suitable for an Outdoor Music Establishment with proper safeguards; and WHEREAS, unless the City Council immediately amends its UDC to permit an Outdoor Music Establishment to be allowed as a conditional use within an R-A zoned district, the Walton Arts Center may not have sufficient time to be able to move the AMP to the Washington County Fairgrounds location and obtain a conditional use permit which will safeguard the peace, safety, and compatibility with neighboring districts. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends §161.03(B)(2) of the Unified Development Code by enacting and adding Use Unit 35, Outdoor Music Establishments, as a Conditional Use for zoning district Residential Agricultural. Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that, in order to protect the peace and health of our citizens, an emergency is declared so that this ordinance, requiring a conditional use permit be obtained prior to the establishment of an Outdoor Music Establishment in a R-A zoned district, should be and hereby is declared to be effective immediately upon its passage and approval. PASSED and APPROVED this 7th day of February, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer i NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NO-PT�ST ARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS PqEWS13ADF NORTHWEST ARKANSAS TIMES 1 E16 LLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 479-442.1700 1 WWW.NWANEWS.COM EC AFFIDAVIT OF PUBLICATION FEB 2 8 2017 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of- b 5, A i City of Fayetteville oRDINANee Ha s4�9' AN ORDININCE TO AtiAEND§16103(8)(2)OF Ordinance 5479 THE UNIFIED DEVELOPMENT CODE TO ALLOWf� 'OUTDQOR MUSIC ESTABLISHMENTS TO BE ` '� V Y�, CONSIDERED ASA CONDITIONAIL SE IN R A P wPv_S3 aasA' Was inserted in the Regular Editions on: ZONES AND TO ENACTAN EMERGENCY CLAUSE WHE "REAS the Clty of Faettev)Ile atlopted ati Outdoor'Music Establishment " February 16, 2012 ordinance in 2002 that,pertnits outdoor;amphtied=mUstcWvitfi certain�safeguards`°in place to prAtect nearby residents antl busineases��and, y � ,� ;,- W1tEltEAS thedNkon Arts Center needs to move.its Arkansas Music Payiliop(AMp) from'the Mall area to propettyowned'by the Ntaehington County Fair Hssociahon which is zone R 11 Restdegtlai Agrieult}:ral an0, Publication Charges: $ 110.24 WHEREAS the;u^t)e does not currently allow an0utdoor"Music EstablishmnGm an R-A tonin'dI rict;and` WHEREAS, many.'properties zoned,R-A are large,and may be suitable for,;an Outdoor MusicEstabiishment with proper safeguards;and: WNERFAS�unless�the City-<Council immediately�amendsits UDC to�permlt�an; OutdDor Music Establishment ko be allowed as a conditional use withlnansRAzoned". district,the�ylal o Arts Centerxmay not hay*Jfticlent time to be able o move tire`, l A►uP tp the WasOgton Coun�i Fairgrounds location and obtain a conditio0al use , f perfnit Whlch W7lPWfgguhKth peace,-safety,agtl c rn 11b3hty with neigh6onng iStPicts NsT JIL Cathy Wiles NOW;THEREFORE D�;IT ORDAINED>Blf THE CITY COUNCIL OF<TNE CITY OF , FAYETTEVILLE,ARKANSAS: bkan.`?,: Sectional hat he City ouncil�f the C ty of Fayetteville Aq an hereby amends §36 o3(B)(2�of the U111$ed Aevelopmeljt Code by enacting andadtling use Unit 3S Outdoigr I�I,usic�Es�abli;�ment�as a Conditlonai Use for zo�ing,district kesidentlal= 9gncultural h�' � �, Section 2•,Emergency Clause.- That;the,CltyuCouncil of-the City"of�Fayetteville; Arkansas hereby'determines that,in order to protect the peace and health4of our Subscrib d and sworn to before me citizens an emergen�yJsdeclaredsothatthisordinance regpirigawndltioAaluse" This rjday of 2012. permit'be ptiiained prior to the establishment of an Outdoor Mus1c Establishment in a R A zoned district,should beard hereby is declared to he effective Immetliately , upon its passage and approva) . . PASSED and APPROVED this 7th day#February,2012 r APPROVED a ATTEST By LIONELDIORDAy Mayor By LISA' N iieUty"C�i lerk otary Public 7 -- My Commission Expires: SANDRA E.SCHACHERBAUER BENTON COUNTY NOTARYpUBUO-ARKANSAS My Commi"Wn&PIMS Apd115,2017 COMM"lon No.12360121 **NOTE* Please do not pay from Affidavit. Invoice will be sent.