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Home My WebLink AboutOrdinance 5483 ORDINANCE NO. 5483 AN ORDINANCE TO AMEND §176.03 EXEMPTIONS OF THE OUTDOOR LIGHTING CHAPTER OF THE U.D.0 TO ALLOW ACCENT LIGHTING ON RESTAURANT AND BAR PATIOS WHEREAS, restaurant and bar owners have requested to be allowed to use strands of individual, low-intensity, decorative white lights on their patios during normal business hours. 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 §176.03 Exemptions of the Unified Development Code by enacting a new subsection §176.03 (J)(7) as shown below: "§176.03(J)(7). Strands of individual, low-intensity, white decorative lights used to illuminate the outdoor patio space of bars and restaurants during their normal business hours." PASSED and APPROVED this 21St day of February, 2012. APPROVED: ATTEST: By .,- By: j14 AN, Mayor LISA BRANSON, Deputy City Clerk °®®oa1111FFY19/Pv Qjm� b' \ ® �aPtl sv� Y �U® m ®FAYETTEVILLE Q s gRAs ®Jo '00.00 GTO City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/7/2012 City Council Meeting Date Agenda Items Only Leif Olson Planning Development Services Submitted By Division Department Action Required: ADM 12-4031: (CHAPTER 176: OUTDOOR LIGHTING AMENDMENT): Submitted by Staff to exempt the use of decorative strands of individual lights (Christmas lights)from the requirements of the Outdoor Lighting Chapter of the Unified Development Code. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached _ ot-k$.Wt. Previous Ordinance or Resolution# Departme t Di i c r Date Original Contract Date: �l �p,� 2N�2otL Original Contract Number: City Attorney. Date 2,®17— Finance and Internal Services Director Date Received in Cit 1-1 )-12 P03:24 R C V D Clerk's Office Chief of S Date ENF lReceived in / Mayor's Office !!!!4 Ma r / �t� "' Comments: Revised January 15,2009 V1 THE CITY OF FAYETTEVILLE,ARKANSAS a e ej 1 �j DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Director Don Marr, Chief of Staff From: Leif Olson,Associate Planner Date: January 18, 2012 Subject: ADM 12-4031UDC Chapter 176, Outdoor Lighting RECOMMENDATION Staff recommends approval of an ordinance to amend Unified Development Code Chapter 176, Outdoor Lighting (ADM 12-4031). BACKGROUND The City first adopted the Outdoor Lighting ordinance in 2005 with the purpose of protecting the privacy of property owners from the potential for glare and light trespass from adjacent properties, and to reduce atmospheric light pollution while allowing for flexibility in the style and array of light fixtures through efficient and cost effective lighting. Subsequently, this ordinance was amended in 2007 to allow for the up-lighting of architectural and landscape features. The ordinance exempts a number of uses for outdoor lighting such as; single and two-family residential dwellings,navigation lights, emergency lighting,the lighting of flags and accent lighting of landscape and architectural elements. However, the use of seasonal decorative lighting, or Christmas lights, was limited to a 60 day period. Since the adoption of this ordinance, the City has required a number of businesses to remove or discontinue the use of Christmas lights after the holiday season. These businesses were typically using this lighting to accent landscaping or structural elements of their building or grounds such as patio spaces. Additionally, the City has received a lot of positive feedback requesting that the red Christmas lights on the tree in the Square Gardens remain year round which would not be permitted under the current ordinance. PROPOSAL It is Staffs opinion that certain uses of this type of lighting is not detrimental or at cross purposes with the intent of the Outdoor Lighting Ordinance. Therefore, staff proposes amending the Outdoor Lighting ordinance to exempt the use of strands of decorative lights for patio spaces associated with restaurants and bars and for the lighting of one tree within the Square Gardens. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND §176.03 EXEMPTIONS OF THE OUTDOOR LIGHTING CHAPTER OF THE U.D.C. TO ALLOW THE LIGHTS TO REMAIN ON A TREE ON THE SQUARE AND TO ALLOW ACCENT LIGHTING ON RESTAURANT AND BAR PATIOS WHEREAS, City Staff desires to leave the decorative light strands on one of the trees on the Square year-round to accent this tree throughout the year; and WHEREAS, restaurant and bar owners have requested to be allowed to use strands of individual, low-intensity, decorative white lights on their patios during normal business hours. 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 §176.03 Exemptions of the Unified Development Code by enacting a new subsections §176.03 (J) (7) and(8) as shown below: "§176.03(J)(7). The Fayetteville Parks and Recreation Department may place decorative light strands upon one tree within the Square Garden area for year-round accent lighting. (8) Strands of individual, low-intensity, white decorative lights used to illuminate the outdoor patio space of bars and restaurants during their normal business hours." PASSED and APPROVED this 7t' day of February, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Red lights on tree at OPO Page 1 of 1 City Clerk-Fwd: Red lights on tree at OPO From: Sarah Lewis<sarahelainelewis@gmail.com> To: Sondra Smith<city_clerk@ci.fayetteville.ar.us> Date: 2/6/2012 11:07 PM Subject: Fwd: Red lights on tree at OPO Hello Sondra, Please pass along to the Council. Thanks! Sarah Sarah E. Lewis, Ph.D. FB&A Working Group Manager The Sustainability Consortium Adjunct Professor,UALR Fayetteville,Arkansas Ward 4 City Council Member (479)575-4296 office (479)263-2087 mobile Begin forwarded message: From: "David W.Hart"<gLeY@uark.edu> Date: February 6, 2012 4:41:40 PM CST To: <sarahelainelewis@gmail.com> Subject: Red lights on tree at OPO Ms. Lewis, I strongly object to the idea coming from the promotional commission to keep the Christmas lights on a tree in front of the Old Post Office all year long. The newspaper quotes Marilyn Heifner as saying that to do so will serve as a link to Crystal Bridges because there is an architectural tree placed in front of the museum. This is ridiculous, and if anyone did make the connection,what would it mean? I see no difficulty with the other part of the proposal, about modest framing lights around restaurant patios etc., because they are functional and self-explanatory. The lights on the tree, except as part of the annual Festival, are neither. David W. Hart 1549 Markham 442-7752 file:/ ADocuments and Settings\lbranson\Local Settings\Temp\XPgrpwise\4F305D34FAY... 2/7/2012 Page 1 of 1 Sondra Smith -Fwd: Christmas lights on the square From: Matthew Petty - Fayetteville Ward 2<citycouncil@matthewpetty.org> To: Sondra Smith<ssmith@ci.fayetteville.ar.us> Date: 2/7/2012 1:04 PM Subject: Fwd: Christmas lights on the square Sondra- Could you please forward to the Mayor and the rest of the Council? Thanks, -M On Tue, Feb 7, 2012 at 9:07 AM, Patty and Bob Besom<bbesom@sb glo_bal_net> wrote: Dear Mr. Kinion and Mr. Petty, Please do not grant an exception and allow the lights on the tree on the square to stay lit beyond the Christmas season. If lit all year, those lights would lose their specialness; in fact, to me, they would become irritating. Imagine strolling around the square on a summer evening, turning the corner, and encountering the brightly lit tree. That would be a sensation to try to block out rather than to enjoy. Sincerely, Patty and Bob Besom 15 N. West Avenue Fayetteville, AR 72701 file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4F312144FAY... 2/7/2012 NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTAR�SAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS SPADE LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 ( 479.442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the 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- City of Fayetteville Ordinance 5483 Was inserted in the Regular Editions on: g 9RDINANCE''N0:-5483� March 1, 2012 OFORDEN OUTD60R LNGHTING 3cHAPTERtlW . 4 T.HEa1DC TO.;ALLQW.;ACCENT RESTAURgNTAND BqR PATIOS LIGHTING ONr ay WHER96 restaurant and bar owners have request ed to be allowed,3o use strands of mdlv1dual low ARKANSAS -' Publication Charges: $51.88 intens ty decorative white lights on their patios dunpg normal busu�ss hours, gIOW THEREFORE BE fT ORDAINEDxBY THE,CITY Ot)NCIL OF.,7ME CITY Op, FAYE'hTEVILLE,.ARKANSAS; Section i That t(�e City Council of the` of Fayetteville :Arkansas hereby amends r §176 03 Exemptiogs of the Urnfled DevCity elopment Code by enacting.anew supsectioh; §�Ts o3,(J)(7) as shown below "§t 76 03(J)(�,`Strands of ind v dual IoW intens ty wh to deporaWe"lights useq to illuminate; Bpthe outdoor patio space of bars and restaurants during their norriial bus Hess Hours OVEDnd�APPROVED this 2Y st tlay-of;Ebbruary,2012 y; ATTEST, LIONELD JORDAN Mayor By Cathy Wiles LIS ranson Deputy City Clerk Subscribed and sworn to before me n This I day of 1�(G�'Ulm , 2012. RECEIVE Oet&,:�L 5�iml MAR 14 2012 Notary Public CITY OF FAYETTEVILLE �/�7 /�1`-- CITY CLERK'S OFFICE My Commission Expires: / J CATHERINE ST GS Washington County "�`A'" * My Commission E)(Oes i"�� s Februa 27,2015 A **NOTE** Please do not pay from Affidavit. Invoice will be sent.