HomeMy WebLinkAbout67-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 67-21
File Number: 2021-0079
PRAIRIE STREET LIVE APPEAL:
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH,
TERESA TURK, AND MARK KINION AND TO APPROVE A ONE YEAR EXTENSION OF
PRAIRIE STREET LIVE'S CONDITIONAL USE PERMIT CUP 2019-6721 FOR OUTDOOR
MUSIC AT 509 WEST PRAIRIE STREET WITH THE OTHER CONDITIONS IMPOSED BY
THE PLANNING COMMISSION
WHEREAS, the Planning Commission approved Conditional Use Permit CUP 19-6721 on August
12, 2019 for a provisional period of three months allowing low -volume, ambient music throughout the
week, one larger event per week with hours determined by day of the week, and one additional event
per week during citywide events ; and
WHEREAS, on November 12, 2019, the Planning Commission approved an extension of the
conditional use permit through November 12, 2020, with the possibility of further extensions following
a public hearing to evaluate compliance with noise ordinance standards and any nuisances; and
WHEREAS, on January 11, 2021, the Planning Commission approved an extension to the conditional
use permit without an expiration date and also authorized an additional hour of music on Friday and
Saturday nights to 11:00 p.m. for a period of one year; and
WHEREAS, Council Members Sarah Bunch, Teresa Turk and Mark Kinion have properly appealed
the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development
Code.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1
Printed on 2119/21
Resolution: 67-21
File Number. 2021-0079
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal, and
approves a one year extension of Prairie Street Live's conditional use permit CUP-2019-6721 for
outdoor music at 509 West Prairie Street (for the period of February 19, 2021 to February 19, 2022)
with all of the other conditions of the Planning Commission's January 11, 2021 decision remaining in
force.
PASSED and APPROVED on 2/18/2021
Attest:
G�ER K I.• .T�� i�i
V.
Kara Paxton, City Clerk Treasury
Jill
Page 2 Printed on 2/19/21
City of Fayetteville, Arkansas 113 West Mountain Street
--- Fayetteville, AR 72701
I
(479)575-8323
Text File
�— File Number: 2021-0079
Agenda Date: 2/16/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C.3
PRAIRIE STREET LIVE APPEAL:
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, TERESA
TURK, AND MARK KINION AND TO APPROVE A ONE YEAR EXTENSION OF PRAIRIE
STREET LIVE'S CONDITIONAL USE PERMIT CUP 2019-6721 FOR OUTDOOR MUSIC AT 509
WEST PRAIRIE STREET WITH THE OTHER CONDITIONS IMPOSED BY THE PLANNING
COMMISSION
WHEREAS, the Planning Commission approved Conditional Use Permit CUP 19-6721 on August 12, 2019
for a provisional period of three months allowing low -volume, ambient music throughout the week, one larger
event per week with hours determined by day of the week, and one additional event per week during citywide
events ; and
WHEREAS, on November 12, 2019, the Planning Commission approved an extension of the conditional use
permit through November 12, 2020, with the possibility of further extensions following a public hearing to
evaluate compliance with noise ordinance standards and any nuisances; and
WHEREAS, on January 11, 2021, the Planning Commission approved an extension to the conditional use
permit without an expiration date and also authorized an additional hour of music on Friday and Saturday nights
to 11:00 p.m. for a period of one year; and
WHEREAS, Council Members Sarah Bunch, Teresa Turk and Mark Kinion have properly appealed the
decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal, and approves a
one year extension of Prairie Street Live's conditional use permit CUP-2019-6721 for outdoor music at 509
West Prairie Street (for the period of February 19, 2021 to February 19, 2022) with all of the other conditions
of the Planning Commission's January 11, 2021 decision remaining in force.
City of Fayetteville, Arkansas page 1 Printed on 211912021
From: Paxton, Kara
Sent: Tuesday, January 26, 2021 2:23 PM
To: Bunch, Sarah <sarah.bunch(a)favetteville-ar.gov>
Cc: Pennington, Blake<bpennington(a)fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; Curth,
Jonathan <icurth .favetteville-ar.gov>, Williams, Kit <kwilliams(a)fayetteville-ar.gov>
Subject: RE: Appealling a decision of the Planning Commission
Council Member Bunch,
Thank you for your email confirming your request to join the appeal.
Thank you,
Kara Paxton, MSISM
City Clerk Treasurer
City of Fayetteville, Arkansas
kaPaxton (DfayetteviIle-ar.gov
T 479.575.8323
CITY OF
r4W
� FAYETTEVILLE
ARKANSAS
From: Bunch, Sarah <sarah.bunch(o)fayetteville-ar.gov>
Sent: Tuesday, January 26, 2021 2:10 PM
To: CityClerk <cityclerk(cDfayetteville-ar.gov>; Paxton, Kara <kapaxton(c fayetteville-ar.gov>
Cc: Pennington, Blake <bpennington(a)fayetteville-ar.qov>
Subject: Fwd: Appealling a decision of the Planning Commission
Kara,
I agree to the sections of UDC listed below, and would like to join the appeal of the extension of
live music hours for Prairie Street Live.
Sarah Bunch
Sent from my iPad
Begin forwarded message:
From: "Pennington, Blake" <bpennington(a)fayetteville-ar.qov>
Date: January 26, 2021 at 1:37:00 PM CST
To: "Bunch, Sarah" <sarah.bunch a()fayetteville-ar.gov>
Cc: "Paxton, Kara"<kapaxton(cDfayetteville-ar.gov>, CityClerk <citvclerk fayetteville-ar.gov>, "Curth, Jonathan"
<icurth favetteville-ar.gov>, "Williams, Kit' <kwilliams(a)favetteville-ar.gov>
Subject: FW: Appealling a decision of the Planning Commission
Sarah,
See the emails below describing the reasons Mr. Levi is seeking the appeal and the applicable
UDC sections. If you agree with those, please respond to the City Clerk with your intent to adopt
those and join the appeal.
Thanks,
Blake
Blake E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
bpennington(a)fayetteville-ar.gov
From: Pennington, Blake <bpennington fayetteville-ar.gov>
Sent: Tuesday, January 19, 2021 9:34 PM
To: Turk, Teresa<teresa.turkafayetteville-ar.gov>; Kinion, Mark <mark. kin ion (cDfayetteville-ar.gov>
Cc: Ed Levi <edlevibees(cDgmail.com>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara
<kapaxton(a)fayetteville-ar.gov>, CityClerk <cityclerk(@fayetteville-ar.gov>
Subject: RE: Appealling a decision of the Planning Commission
Thank you, Teresa and Mark. We will need a third council member to sign on to the appeal in
order for it to be heard by the City Council.
Thank you,
Blake
Blake E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
bpennington()_fayetteville-ar.gov
From: Turk, Teresa <teresa.turk(cDfayetteville-ar.gov>
Sent: Tuesday, January 19, 2021 4:45 PM
To: Kinion, Mark <mark. kin ion(a)favetteville-ar.gov>
Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Ed Levi <edlevibees(&gmail.com>; Williams, Kit
<kwilliams(a)favetteville-ar.gov>; Paxton, Kara <kapaxton(a)_fayetteville-ar.gov>
Subject: Re: Appealling a decision of the Planning Commission
I agree also.
Teresa
Sent from my iPhone
On Jan 19, 2021, at 4:43 PM, Kinion, Mark <mark. kinion(cDfayetteville-ar.gov> wrote:
I agree with this basis of appeal as outlined in your email.
Mark Kinion
Ward 2 Position 1
On Jan 14, 2021, at 5:35 PM, Pennington, Blake <bpennington fayetteville-ar.gov> wrote:
Mark and Teresa,
Section 155.02 says appeals must reference the applicable UDC Sections and set out the
reasons the decision was in error. Based on Mr. Levi's description of the issue below, the most
relevant UDC sections on which you could base an appeal would be:
1. Section 163.02(C)(3)(b) — "That the granting of the conditional use permit will not
adversely affect the public interest."
2. Section 163.02(C)(3)(c)(ii)(h) — "General compatibility with adjacent properties and other
property in the district."
If you agree with those sections and adopt Mr. Levi's reasons as the bases for appeal, please
confirm and make sure the City Clerk is included in your response as the appeal must be filed
with her office. If both of you are signing on we will only need one more councilmember to sign
on to the appeal in order for it to be heard by the City Council.
Please let me know if you have any questions.
Thanks,
Blake
Blake E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
bpennington((2-)_fayetteville-ar.gov
From: Kinion, Mark <mark.kinionaa.fayetteville-ar.qov>
Sent: Thursday, January 14, 2021 5:24 PM
To: Ed Levi <edlevibees(a-)-gmail.com>
Cc: Williams, Kit <kwilliams a()fayetteville-ar.gov>; Pennington, Blake <bpennington(a)fayetteville-ar.gov>; Paxton,
Kara <kapaxton(a)fayetteville-ar.gov>; Turk, Teresa <teresa.turk(a)fayetteville-ar.gov>
Subject: Re: Appealling a decision of the Planning Commission
Mr. Levi,
I will sponsor your appeal. I will wait for guidance from Kit Williams, City Attorney regarding
steps to be followed.
Warm Regards,
Mark Kinion
On Jan 14, 2021, at 3A4 PM, Ed Levi <edlevibees(a)gmail.com> wrote:
Councilman Kinion,
This is starting to get above my paygrade and I am requesting your help. As you know,
I've requested the Council to reverse or alter the decision of the Planning Commission
concerning a Conditional Use Permit and now, since I wrote on the form for the entire
council, the City Clerk has been making some calls and helping me to understand some
hoops I have to navigate. I've learned that somehow I have to write the appeal to the
Planning Commission's Conditional Use Permit for Prairie Street Live. Then I have to get
three Council Members to sponsor that appeal. Councilwoman Turk just called me to say
that she's onboard but that it would be best if one of the Councilmen from my ward was
to "be the lead." Of course, 1 immediately thought that that would be you since you had
said that you would reverse such a permit if the noise was bothersome to residence in
the area. (Also, I've just learned that Councilman Petty is a business neighbor of Prairie
Street Live and asking him would put him in an awkward position.)
So, what I am asking is for your guidance in this matter. I'm really not sure of how an
appeal must be written and, like I said, I don't mind them being them having a permit but
there needs to be some conditions concerning the noise factor. That would be some
reduction of noise emitting from the property. As I indicated in my letter, Mr. Curth told
me that at the Planning Commission's meeting, there were some people there to
complain about the noise (and parking) but that the owner was very good at bringing in
lots patrons who spoke in favor of an extended permit. I feel that the appeals were both
not heard and under -attended. As you said last year, it should not create complaints
from neighborhood residents... but it has. For a variety of reasons those complaints were
under -represented. If you think it necessary, I have little doubt that I could get a petition
signed by many neighbors.
The other thing both the Clerk and Mr. Curth told me that this all needs to be filed before
the 26th of this month.
Any help or guidance you can give me in this appeal will be greatly appreciated.
Ed Levi
In trying to figure things out I found the following:
155.04 - Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city of a decision by
the Planning Commission to approve subdivision requests (plats, lot splits), and development
requests (large scale developments and large or small site improvement plans). Variances,
compliance with applicable design standards, tree preservation plans and conditions of
approval for any development shall be appealed as part of the approval of a development
proposal.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 16, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: January 29, 2021
CITY COUNCIL MEMO
SUBJECT: APPEAL OF: ADM 2020-000017: Administrative Item (509 W. PRAIRIE
ST./PRAIRIE ST. LIVE CUP AMENDMENT, 557): Submitted by APRIL LEE for
property located at 509 W. PRAIRIE ST. The property is zoned MSC, MAIN
STREET/CENTER and contains approximately 0.93 acres. The request is to
amend the existing CUP to allow for later hours and more frequent performances.
RECOMMENDATION:
Planning staff recommend amending the Planning Commission's approval to limit the overall
conditional use permit's extension to one year and reduce show times to no later than 9:OOPM.
BACKGROUND:
The subject property is located on the southeast corner of Gregg Avenue and Prairie Street, with
the Razorback Greenway/Frisco Trail bordering its eastern boundary. The property is developed
with one approximately 1,700 square foot industrial building built in 1930 and multiple accessory
structures, including one that has the appearance of a stage. Although formerly a part of
Fayetteville's downtown industrial area, it has since transitioned, first to a skate shop and park,
and now to an events venue. In 2006, the property was rezoned to DG, Downtown General, as a
part of the Downtown Master Plan, and subsequently to MSC, Main Street/Center, in 2019.
On August 12, 2019, the Planning Commission approved a conditional use permit (CUP 19-6721)
for low -volume, ambient music throughout the week, one larger event per week with hours
determined by day of the week, and one additional event per week during citywide events like
Roots Festival and Bikes, Blues, and BBQ. The permit was approved for a three-month
provisional period to receive a follow-up public hearing on November 12, 2019. At that hearing
the permit was extended to November 12, 2020 with the possibility of further extension following
a public hearing to evaluate compliance with noise ordinance standards and any nusiances.
Request: The request by Councilmembers Bunch, Kinion, and Turk on behalf of a resident is to
appeal Planning Commission approval of the amendment to a conditional use permit, CUP 19-
6721. The appeal is on the grounds that the public interest will be adversely affected and that
satisfactory provisions were not made for general compatibility with adjacent properties.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
On January 11, 2021, the Planning Commission approved ADM-2020-000017 by a vote of 6-2-1.
Commissioner Belden made the motion, amending staff's recommendation with the following:
Extension of the permit without expiration;
Extend Friday and Saturday outdoor music hours for one additional hour, to:
o Friday: 6:00 PM to 11:00 PM
o Saturday: 11:00 AM to 11:00 PM
Extended hours expire on January 11, 2022, with the potential to continue with Planning
Commission evaluation.
Commissioner Paxton seconded the motion and upon roll call Commissioners Winston and
Garlock dissented. Commissioner Sharp recused. Approximately 20 individuals spoke in support
and opposition to the amendment. Those in favor asserted the importance of the venue as an
outdoor space during the COVID pandemic, the opportunity it represents for musicians, and the
feasibility of having events end by 10:00 PM. Those opposed expressed varying opinions, with
some supportive of the venue, but with the same or reduced hours, and others stating that the
volume of music is inappropriate near housing and that the traffic associated with the venue
creates parking problems. Written comment is attached.
In their discussion, the Commissioners noted that the venue has been largely operating in
compliance with Fayetteville's noise ordinance and that previous zoning decisions have indicated
an intent for the area to include diverse activities. Several Commissioners noted that it is important
to offer the applicant reassurance that the venue may continue operating so improvements and
investments can be made in the site to mitigate or buffer noise.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Planning Commission Staff Report
• Public Comment Since Planning Commission Staff Report Publication
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING DATE: January 11, 2021 (Updated with Planning Commission Results)
SUBJECT: ADM 2020-000017: Administrative Item (509 W. PRAIRIE STJPRAIRIE
ST. LIVE CUP AMENDMENT, 557): Submitted by APRIL LEE for property
located at 509 W. PRAIRIE ST. The property is zoned MSC, MAIN
STREET/CENTER and contains approximately 0.93 acres. The request is
to amend the existing CUP to allow for later hours and more frequent
performances.
RECOMMENDATION:
Staff recommends partial approval of ADM-2020-000017 with conditions, based on the findings
contained in this report.
RECOMMENDED MOTION:
1 move to approve ADM-2020-000017 with conditions, determining:
In favor of compatibility with adjacent properties; and
In favor of all other conditions as recommended by staff."
BACKGROUND:
The subject property is located on the southeast corner of Gregg Avenue and Prairie Street, with
the Razorback Greenway/Frisco Trail bordering its eastern boundary. The property is developed
with one approximately 1,700 square foot industrial building built in 1930 and multiple accessory
structures, including one that has the appearance of a stage. Although formerly a part of
Fayetteville's downtown industrial area, it has since transitioned, first to a skating shop and park,
and now to an events venue. The property was rezoned to DG, Downtown General, in 2006 as a
part of the Downtown Master Plan, and subsequently to MSC, Main Street/Center in 2019.
On August 12, 2019, the Planning Commission approved a conditional use permit (CUP 19-6721)
for low -volume, ambient music throughout the week, one larger event per week with hours
determined by day of the week, and one additional event per week during citywide events like
Roots Festival and Bikes, Blues, and BBQ. The permit was approved for a three-month
provisional period to receive a follow-up public hearing on November 12, 2019. At that hearing
the permit was extended to November 12, 2020 with the possibility of further extension following
a determination of nuisance and compliance with noise ordinance standards. Surrounding land
uses and zoning is depicted in Table 1.
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Lip
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential
R-O, Residential Office;
DG, Downtown General
South
Warehousing/Commercial
MSC, Main Street/Center
East
Mixed -use Residential -Office -Retail
MSC, Main Street/Center
West
Warehousing/Commercial
DG, Downtown General
City Plan 2040 Future Land Use Designation: Downtown Master Plan & City Neighborhood Area
Proposal: The applicant proposes an amendment to CUP 19-6721 to modify three aspects of the
permit:
Permit expiration: Extend approval indefinitely.
Outdoor music end times: Extend the time music must end from 10:00 PM to 11:00 PM
on Friday and Saturday.
Event frequency:
o Two events per week where one is currently permitted,
o Three events per week during citywide events where two are currently permitted.
Public Comment: Staff has received public comment in favor and opposed to this request.
Those opposed to the request note that the volume as permitted under the noise ordinance is
excessive and a significant nuisance that adversely affects quality of life. Objections have also
been made that assert a connection between the venue and area parking problems, trash, and
public intoxication. Individuals in favor of the request assert that the venue has created a draw
to the area that increases its vitality and the inherent safety by having more people out where
streets were previously empty.
DISCUSSION:
In considering the proposed amendment, staff reviewed the conditions of the permit's approval
and documented issues during the one-year provisional period. Similar to staff's evaluation in
2019, it is clear from the attached Police Department reports and public comment that regardless
of noise ordinance violation, of which there was only one, the volume of music and operation of
the venue is having an adverse impact on many residents. Accordingly, staff is not in favor of
extending the permit indefinitely nor increasing the frequency or duration of events. Conversely,
staff recommends one additional year of permit approval with the same frequency of events, but
with an ending time one hour earlier on Friday and Saturday to reflect the majority of complaints
happening on those days of the week. Following another year of operation, the applicant may
bring forward a request to extend the permit further and possibly add additional dates and times.
This will also allow time for City improvements in the area, specifically sidewalks and parking
along Prairie to be completed that may alleviate parking concerns and encourage walking to the
venue.
RECOMMENDATION: Staff recommends partial approval of ADM-2020-000017, subject to the
following conditions:
Conditions of Approval:
Planning Commission determination of compatibility for an extension of
outdoor music at 509 W. Prairie Street through January 11, 2022. Staff supports
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Li,
the extension of outdoor music, but only for one year, for reduced hours on Friday and
Saturday, and at the currently approved frequency of events ; Extended indefinitely
by the Commission
2. The conditional use permit shall be amended as follows:
• The permit's approval is limited to one additional year, expiring on January 11,
2021, upon which time the applicant may submit an amendment to extend the
permit subject to the Planning Commission's approval;
• Outdoor music hours:
o Friday: 6:00 PM to J''0Q PM 11:00 PM
Extended to 11:00 PM,
o Saturday.- 11:00 AM to �'.6Q PM 11:00 PM 1 subject treview after
Y January 11, 2022.
3. All conditions of CUP 19-6721 not amended by this request shall remain in
effect; and
4. Conditional use approval does not grant approval for any proposed
improvements or alterations. Development entitlement, grading, building, or
mechanical permits may be required for review of compliance with all City codes
along with any associated inspections.
PLANNING COMMISSION ACTION: Required YES
Date: January 11, 2021 O Tabled ® Approved O Denied
Motion: Belden, with conditions as recommended by staff, allowing indefinite extension
of the existing permit and allowing show times to 11:00 PM on Friday and Saturday
Second: Paxton through January 11, 2022.
JVote:6-2-11, Commissioners Garlock and Winston voted 'no'. Sharp recused.
BUDGET/STAFF IMPACT:
None
Attachments:
• Previous Conditions of Approval (CUP 19-6721)
• Request letter
• Police Reports (11-12-2019 to 11-12-2020)
• Public Comment
• Pending Street Improvements — Prairie/West
• One Mile Map
• Close -Up Map
• Current Land Use Map
Planning Commissic
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Lil
Conditions of Approval (as approved 11-12-2019):
1. Planning Commission reaffirmation of compatibility with adjacent properties.
Staff finds that with the additional conditions below, and the limited time -frame the
venue may be operated in a compatible manner that contributes to rather than detracts
from the surrounding neighborhood;
2. For events including speakers oriented to the east, the residential zone noise
levels of the noise ordinance shall be observed, as outlined below:
Maximum
Use Districts Time Noise Levels
All residential
7:00 a.m. to
60 dB(A)
zones
11:00 P.M.
All residential
11:00 P.M. to
55 dB(A)
zones
7:00 a.m.
All commercial
7:00 a.m. to
75 dB(A)
zones
11100 P.M.
All commercial
11:00 P.M. to
70 dB(A)
zones
7:00 a.m.
All industrial
7:00 a.m. to
80 dB(A)
zones
11:00 P.M.
All industrial
11:00 P.M. to
75 dB(A)
zones
7:00 a.m.
3. From this date, three documented violations of the noise ordinance as outlined
under Condition #2 shall result in a public hearing for permit consideration for
approval, amendment, or revocation;
4. The permit's approval is limited to one year, expiring on November 12, 2020,
upon which the applicant may submit an amendment to extend the permit
subject to the Planning Commission's approval;
5. If at the end of the permit's one year extension, repeat and/or frequent
documented, validated, and repeat nuisance complaints associated with the
venue may result in staff's recommending denial of renewal; and
6. All conditions of the previously approved CUP 19-6721, as attached, shall
remain in effect unless amended herein.
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Lil
Conditions of Approval (as approved 8-12-2019):
3.
4.
Planning Commission determination of compatibility with adjacent properties.
Staff finds that without a parking plan for the development and with the number of
proposed events, adverse impacts are likely on adjacent residents, businesses, and
pedestrians. potentially resulting in incompatible and unsafe conditions;
Planning Commission found in favor of compatibility.
Planning Commissioner determination of a variance of §166.21(E)(1), Downtown
Design Overlay District, Exterior Architectural Elements, requiring trash
dumpsters to only be located in the rear yard. Without any indication of hardship,
staff recommends denial of this request, finding that the dumpster enclosure's location
at the edge of right-of-way will not meet the Downtown Design Overlay District's intent
to create attractive and usable space.
Planning Commission found in favor of the variance.
herein, ineluding use of the site eansistent with the site plan poesep, This
conditional use permit is non-transferrable to a different business or property
owner. Outdoor music shall be limited to the days and times outlined above
under the applicant's request; Planning Commission found in favor of the variance, revising
Condition #3 to refer to the revised proposal (see above).
Violation of the City's noise ordinance shall also be considered a violation of
this conditional use permit subject to revocation by the Planning Commission.
The project shall comply 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
Planning Commissic
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Lil
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.
TABLE 1
Maximum
Use Districts Time Noise Levels
All residential
7:00 a.m. to
60 dB(A)
zones
11:00 P.M.
All residential
11:00 P.M. to
55 dB(A)
zones
7:00 a.m.
All commercial
7 00 a m. to
75 dB(A)
zones
11:00 P.M.
All commercial
11:00 P.M. to
70 dB(A)
zones
7:00 a m.
All industrial
7:00 a.m. to
80 dB(A)
zones
11:00 P.M.
All industrial
11:00 p.m. to
75 dB(A)
zones
7:00 a.m.
All measurements shall be taken with a sound level meter in its fast or peak level
setting.
5. ,
Stricken by the Planning Commission with consideration for revised request.
6. Sound checks shall not occur prior to 4:00 PM;
7. ,
seme or- all en site StFUStWes have
Stricken by the Planning Commission with consideration for revised request.
8. All outdoor lighting on -site, with the exception of existing fixtures, must meet
the requirements of §176, Outdoor Lighting. Unshielded string lights are not
permitted outside of exemptions permitted for outdoor cafes and holidays;
9. The applicant shall PFovide a parking plan indiesting the numbeF ef aRtiGipated
;
and
10. Conditional use permit approval does not constitute development approval.
This must be granted separately.
11. The permit shall be approved for a three-month provisional period and be heard
by the Planninq Commission aqain on November 12, 2019.
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prairie St. Li,
Employees: 5 to 10 typical; 15 to 20 at peak use
Parking: None provided; shared parking agreements under negotiation
Parking agreement with O'Reilly provided: additional agreements under review
Typical Week (every night)
• Speakers oriented south or west
• Low -volume, "ambient" music
Hours and anticipated traffic
Monday -Wednesday
• 11:00 AM to 9:00 PM
• 100 patrons/day (4 peak hour)
Thur av
• 1 0 AM t :00 PM
• 150 p ns/day (75 at peak hour)
Friday an atur
• :00 AM to fight
300 patrons/day ( at peak hour)
unday
• 9:00 AM to 9:00 PM
• 150 patrons/day (40 at peak ho
-Will not exceed residential levels per the noise ordinance
Flexible Week )(one time a week)
• Volume will not exceed 75dB
• Sounds checks limited to 4:00 PM or later
Hours and speaker orientation
Monday -Wednesday
• 6:00 PM to 8.30 PfA 9:00 PM
• Speakers oriented south
Thursday
• 6:00 PM to 9,30 PM 9:00 PM
• Speakers oriented south or east
Friday
• 6.00 PM to 'I�AB-P 10:00 PM
• Speakers oriented south or east
Saturday
• 11:OOAM to 10:00 PM
• Speakers oriented south or east
Sunday
■ 11:OOAM to 9:00 PM
• Speakers oriented south
No limits on the number of patrons
Planning Commissic
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Lil
ADM-2020-000017
Request
Letter
Prairie Street Live
509 W Prairie St
Fayetteville, AR 72701
11.16.2020
Dear City of Fayetteville Planning Staff:
I am submitting amendments to my conditional use permit for outdoor amplified music that expired
on November 121h. During the past year, we have had more than 15 weeks where we had music
two nights per week successfully. However, we discovered that during the summer months when
people get out later it doesn't get dark until 9pm and the current permit requires us to end music at
10pm.
I would like to request three amendments to the current conditional use permit as follows:
1. Friday & Saturday music until 10pm amend to 11pm
2. Amplified music one day per week(two days during city wide events) amend to two days
per week(three days during city wide events)
3. Extend the permit indefinitely.
Thank you for your consideration on these amendments.
Sincerely,
April Lee
Prairie Street Live
Planning Commissic
January 11, 20;
Agenda Item
ADM 20-000017 Prarie St. Lil
ADM-2020-000017
PD Incident Reports OEM
'I 11-12-2019 to 11-12-2020
FAYETTEVILLE lop
ARKANSAS
Print Date/Time: 12/29/2020 09:43 Fayetteville Police Department
Login ID: gdawson ORI Number: AR0720100
Incident: 2019-00084096
Incident Date/Time:
10/19/2019 7:38:27 PM
Incident Type:
LOUD PARTY
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
(818)415-2989
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Just Occurred
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
382
382-CALVILLO
Person(s)
No. Role
Name
Address Phone Race
Sex DOB
1 Caller
NELSON, NATASHA F
11052 WATERLEAF LN White
Female 03/16/1971
FAYETTEVILLE AR 72753
2 Caller
CONDOLORA, DAVID
525 S SCHOOL AVE White
Male 04/23/1985
MARK
FAYETTEVILLE AR 72701
Vehicle(s)
Role
Type Year
Make Model Color License
State
Disposition(s)
Disposition
Count
03NORPT
1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commissic
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Lil
CAD Narrative
10/19/2019 : 20:44:07 scalvillo Narrative: MADE CONTACT WITH MANAGER APRIL, SHE INFORMED ME SHE DID NOT
HAVE A NOISE METER BUT WAS USING HER PHONE. APRIL ALSO STATED SHE WAS IN A TRAIL PERIOD WITH THE
CITY AND WAS ALLOWED TO BE AT 75DB UNTIL 10. 1 INFORMED APRIL THAT I COMPLETED A READING AND THAT
SHE WAS STILL ABOVE THE LIMIT. APRIL TURNED DOWN THE MUSIC. I ALSO PROVIDED APRIL WITH THE CITY
NOISE ORDINANCE.
10/19/2019 : 20:24:54 fcarter Narrative: 2ND CALLER AT 345 S GOVERNMENT AVE, IS OK W/ OFCRS USING HER ADDRESS
FOR A NOISE READING
10/19/2019 : 20:21:45 fcarter Narrative: 2ND CALLER ADV THE BASS IS VERY LOUD, IS SHAKING CALLERS HOUSE
10/19/2019 : 19:41:47 mortiz Narrative: CALLER DOES NOT NEED OFCR CONTACT
10/19/2019 : 19:40:00 mortiz Narrative: UNK CI
10/19/2019 : 19:39:50 mortiz Narrative: UNK C2 ADV ARE HAVING A PARTY
10/19/2019 : 19:39:30 mortiz Narrative: ADV ARE SUPPOSED TO BE HAVING MUSIC TILL 11 PM
10/19/2019 : 19:39:16 mortiz Narrative: IS COMING FROM THIS ADDRESS HAVE A.STAGE SET UP OUT BACK
10/19/2019 : 19:39:00 mortiz Narrative: LOUD BAND
Page: 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Lil
►j
Incident Report
1P
FAYETTEV)t'LE
ARKANSAS
Print Date/Time:
12/29/2020 09:44
Fayetteville Police
Department
Login ID:
gdawson
OR[ Number:
AR0720100
Incident: 2019-00091989
Incident Date/Time: 11/17/2019 6:17:09 PM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
(303)809-7352
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
420
420-ZIMMERMANN
Person(s)
No. Role
Name
Address Phone
Race Sex
DOB
1 Caller
MASNER, CHARLES
525 S SCHOOL AVE 410 (303)809-8352
White Male
06/04/1949
FAYETTEVILLE AR 72701
Vehicle(s)
Role Type Year
Make Model Color
License
State
Disposition(s)
Disposition
Count
03NORPT
1
Property
Date Code
Type
Make Model Description Tag No.
Item No.
Page: 1 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Li,
CAD Narrative
11/17/2019 : 18:25:09 mmuncie Narrative: 420 MAKING CONTACT W/ CALLER VIA PHONE
11/17/2019 : 18:18:12 joverland Narrative: WOULD LIKE CONTACT FROM PD TO LET HIM KNOW IF THEY ARE IN
COMPLIANCE OR NOT.
11/17/2019 : 18:17:36 joverland Narrative: CALLERS BELIEVES IT IS TOO LOUD
11/17/2019 : 18:17:32 joverland Narrative: VERY LOUD MUSIC FROM HERE
Page 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Li,
FAYETTEVILLE
ARKANSAS
Print Date/Time: 12/29/2020 09:45
Login ID: gdawson
Incident Report
Incident: 2020-00035386
IV
Fayetteville Police Department
ORI Number: AR0720100
Incident Date/Time:
5/2/2020 8:05:22 PM
Incident Type:
WELFARE CONCERN
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
(501)502-9871
Source:
Phone
Report Required:
No
Priority:
2-Medium
Prior Hazards:
No
Status:
In Progress
LE Case Number:
2020-00035386
Nature of Call:
Unit/Personnel
Unit Personnel
279 279-BRASHEARS
411 411-MCABEE
Person(s)
No. Role
Name
Address
Phone Race Sex DOB
1 Caller
STRONG, CHRIS
(501)502-9871 Male 04/06/1997
2 Suspect
SAUNDERS, THOMAS
HOMELESS
(479)695-1925 White Male 01/15/1962
JOSEPH, Jr
Fayetteville AR 72701
Vehicle(s)
Role Type
Year
Make Model
Color License State
Disposition(s)
Disposition
Count
07MARREST
1
01RPTM
1
03NORPT
1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commissic
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Lil
CAD Narrative
05/02/2020 : 21:18:04 ccarpenter Narrative: 411 ADV HIS DISPOSITIONS WILL BE F NOT M
05/02/2020 : 20:28:55 mkurtz Narrative: 411 10-15.
05/02/2020 : 20:22:35 joverland Narrative: MADE CONTACT WITH PROPERTY OWNER/MANAGER PER 279, ADV THIS SUBJ
SHOULD NOT BE HERE. DOES NOT NEED THEM WARNED OF TRESPASS, JUST ASKED TO MOVE ALONG.
05/02/2020 : 20:09:52 fcarter Narrative: UNK FLU LIKE SYMPTOMS
05/02/2020 : 20:09:14 fcarter Narrative: PERSON THAT CHECKED ON HIM IS NOW WALKING AWAY, DIDNT LOOK LIKE
THE SLEEPING MALE MOVED OR RESPONDED TO HIM
05/02/2020 : 20:08:52 fcarter Narrative: NO CIS, UNK C2
05/02/2020 : 20:08:36 fcarter Narrative: SOMEONE ELSE IS NOW TRYING TO APPROACH HIM TO CHECK ON HIM,
CALLER LIVES VERY CLOSE AND CAN STILL HIM
05/02/2020 : 20:08:21 fcarter Narrative: CALLER ATTEMPTED TO WAKE HIM UP AND HE WOULD NOT BUDGE WHILE
CALLER WAS YELLING AT HIM TO GET UP
05/02/2020 : 20:07:55 fcarter Narrative: HAS NOT MOVED FOR A WHILE
05/02/2020 : 20:07:43 fcarter Narrative: WAS LAYING IN THE GRASS, NEAR A CONCRETE SLAB
05/02/2020 : 20:07:08 fcarter Narrative: W/M HAD LEAVES ON HIS BACK, SHIRT LIFTED UP, HEAD LOOKED RED, APRX
40YO WHI/SHIRT, HAT, JEANS POSB A WALMART SAC NEAR HIM
05/02/2020 : 20:06:01 fcarter Narrative: UNK IF MALE WAS BREATHING, CALLER DIDNT WANT TO TRESPASS TO SEE
05/02/2020 : 20:05:47 fcarter Narrative: MALE SLEEPING AT THIS LOC, NOT THE MAIN GATE, BUT THE GATE TO THE
WEST OF THE BLDG
Page: 2 of 2
Planning Commissi<
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Lil
�w
40
FAYETTEVILLE
ARKANSA,
Print Date/Time: 12/29/2020 09:45
Login ID: gdawson
Incident Report
Incident: 2020-00050062
Fayetteville Police Department
ORI Number: AR0720100
Incident Date/Time:
6/27/2020 8:15:19 PM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
(870)615-0890
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
441
441-IBARRA
360-FAUBUS
Person(s)
No. Role
Name Address
Phone Race Sex
DOB
1 Caller
LEVI, ED
(870)615-0890
03/11/1946
Vehicle(s)
Role Type
Year Make Model
Color
License
State
Disposition(s)
Disposition Count
03NORPT 1
Property
Date Code
Type Make Model
Description
Tag No.
Item No.
Page: 1 of 2
Planning Commissic
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Lil
CAD Narrative
06/27/2020 : 21:34:07 dibarra Narrative: NO VIOLATION OBSERVED FROM CALLERS ADDRESS. D3 #441
06/27/2020 : 20:18:22 mkurtz Narrative: MUSIC IS EXTREMELY LOUD.
06/27/2020 : 20:17:26 mkurtz Narrative: CALLER AT 301 S WEST AVE.
06/27/2020 : 20:16:54 mkurtz Narrative: DECIBEL METER READING REQUESTED BY NEARBY RESIDENT.
Page 2 of 2
Planning Commissic
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Li,
FAYETTEVILLE
ARKANSAS
Print Date/Time: 12/29/2020 09:46
Login ID: gdawson
Incident Report
Incident: 2020-00064179
IV
Fayetteville Police Department
ORI Number: AR0720100
Incident Date/Time:
8/22/2020 4:21:12 PM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
(303)809-7352
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
444
444-
VONGPHACHANH
372-VERMILLION
448
448-HURD
388-HAYDON
453
453-BARN ETT
382-CALVILLO
Person(s)
No. Role Name Address Phone Race Sex DOB
1 Caller MASNER, CHARLES 525 S SCHOOL AVE 410 (303)809-8352 White Male 06/04/1949
FAYETTEVILLE AR 72701
Vehicle(s)
Role Type Year Make Model Color License State
Disposition(s)
Disposition Count
03NORPT 1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commissi<
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Li,
CAD Narrative
08/22/2020 : 17:31:20 jbarnett Narrative: CONFIRMED WITH DISPATCH THAT THIS AREA IS BOTH RESIDENTIAL AND
COMMERCIAL. THEY INFORMED ME THAT FOR THE NOISE ORDINANCE IT STATES TO USE COMMERCIAL. I
COMPLETED THREE CHECKS. THEY CAME OUT AS 60.0 DB, 56.4 DB, AND 72.9 DB. ALL WERE UNDER THE VIOLATION.
08/22/2020 : 16:27:22 fcarter Narrative: CALLER IS ASKING FOR IT TO BE CHECKED FROM THE TRAIL AS WELL?
08/22/2020 : 16:26:40 mkurtz Narrative: NOTE - AREA UNIT NOT NOISE METER CERTIFIED. WAITING FOR CERTIFIED
UNIT.
08/22/2020 : 16:24:04 fcarter Narrative: CALLER LIVES AT 525 S SCHOOL„ WANTING IT TO BE CHECKED FROM THE
BACK OF THE BLDG
08/22/2020 : 16:22:41 fcarter Narrative: CALLER IS WANTING A NOISE DECIBEL CHECKED FOR THIS BUSN
Page: 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Lil
l'
FAYETTEVILLE
ARKANSAS
Print Date/Time: 12/29/2020 09:47
Login ID: gdawson
Incident Daterrime
Location:
Phone Number:
Report Required:
Prior Hazards:
LE Case Number:
8/22/2020 9:57:12 PM
509 W PRAIRIE ST
FAYETTEVILLE AR 72701
(303)809-7352
No
No
Unit/Personnel
Unit Personnel
417 417-WARD
Incident Report
Incident: 2020-00064273
Fayetteville Police Department
ORI Number: AR0720100
Incident Type: INFORMATIONAL
Venue: FAYETTEVILLE
Source: Phone
Priority: 3-Low
Status: Report
Nature of Call:
Person(s)
No. Role Name Address Phone Race Sex DOB
1 Caller MASNER, CHARLES 525 S SCHOOL AVE 410 (303)809-8352 White Male 06/04/1949
FAYETTEVILLE AR 72701
Vehicle(s)
Role Type Year Make Model Color License State
Disposition(s)
Disposition Count
02GONEONARRIVAL 1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commissic
January 11, 20;
Agenda Item
ADM 20-000017 Prarie St. Li,
CAD Narrative
08/22/2020 : 23:07:18 eward Narrative: ONLY PEOPLE ON SCENE ARE EMPLOYEES. THEY ARE WEARING MASKS. LOOKS
LIKE THE PARTY IS OVER.
08/22/2020 : 21:58:22 fcarter Narrative: COVID-19
08/22/2020 : 21:57:56 fcarter Narrative: CANT TELL IF THEY ARE WEARING MASKS
08/22/2020 : 21:57:52 fcarter Narrative: SAME CALLER FROM THE NOISE COMPLAINT EARLIER 20-64179
08/22/2020 : 21:57:42 fcarter Narrative: CALLER IS WORRIED THE BUSN IS NOT PRACTICING SOCIAL DISTANCING
Page: 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Li,
Incident Report
C;1r •JV
FAYETTEVILLE
ARKANSAS
Print Date/Time: 12/29/2020 09:50
Login ID: gdawson
Incident: 2020-00075101
Incident Daterl ime:
Location:
Phone Number:
Report Required:
Prior Hazards:
LE Case Number:
Unit/Personnel
10/2/2020 8:57:11 PM
509 W PRAIRIE ST
FAYETTEVILLE AR 72701
(479)502-0468
No
No
Unit Personnel
378 378-HARRIS
422 422-MILLS
h
Fayetteville Police Department
ORI Number: AR0720100
Incident Type: NOISE
Venue: FAYETTEVILLE
Source: Phone
Priority: 3-Low
Status: Not In Progress
Nature of Call:
Person(s)
No. Role Name Address Phone Race Sex DOB
1 Caller DUNN, JENNIFER K 304 S GREGG AVE (479)502-0468 White Female 07/14/1975
FAYETTEVILLE AR 72701
Vehicle(s)
Role Type Year Make Model Color License State
Disposition(s)
Disposition Count
02GONEONARRIVAL 1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commissi<
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Lil
CAD Narrative
10/02/2020 : 21:54:40 mkurtz Narrative: NOTE - THIS LOCATION IS POSSIBLY MULTI -USE ZONING WHICH ALLOWS FOR
LIVE MUSIC.
10/02/2020 : 21:54:24 mkurtz Narrative: NO MUSIC OR NOISE.
10/02/2020 : 21:54:21 mkurtz Narrative: 378 ADV VENUE SEEMS TO BE SHUT DOWN.
10/02/2020 : 20:58:54 fcarter Narrative: CALLER LIVES AT 304 S GREGG AND IS OK W/ AN OFCR TESTING THE MUSIC
FROM HER HOME IF NEEDED
10/02/2020 : 20:58:18 fcarter Narrative: LIVE MUSIC
10/02/2020 : 20:57:41 fcarter Narrative: VERY LOUD MUSIC, CALLER FEELS IT IS MORE THAN USUAL
Page: 2 of 2
Planning Commissic
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Lil
a
►j►
Incident
Report
lop
FAYETTEVILLE
ARKANSAS
Print Date/Time:
12/29/2020 09:51
Fayetteville Police
Department
Login ID:
gdawson
ORI Number:
AR0720100
Incident: 2020-00080276
Incident Date/Time: 10/23/2020 4:41:37 PM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
447
447-BOYD
367-ABRAM
Person(s)
No. Role
Name
Address
Phone Race Sex
DOB
1 Caller
ANONYMOUS
Vehicle(s)
Role Type Year
Make Model Color
License
State
Disposition(s)
Disposition
Count
03NORPT
1
Property
Date Code
Type
Make Model
Description
Tag No.
Item No.
Page: 1 of 2
Planning Commissic
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Li,
CAD Narrative
10/23/2020 : 17:00:52 tboyd Narrative: Spoke with April who is the manager of the business, she stated the band was doing sound
checks. Upon arrival no music was being played. She stated she would tell the band to dial it down for sound checks a little bit.
10/23/2020 : 16:52:21 mkurtz Narrative: SURROUNDING AREA IS DOWNTOWN GENERAL, CONSIDERED RESIDENTIAL
FOR PURPOSES OF NOISE CONTROL 60dB(A) 7A-11P.
10/23/2020 : 16:48:33 mkurtz Narrative: NOTE - AREA IS MAIN STREET/CENTER ZONING. FOR PURPOSES OF NOISE
CONTROL CHAPTER 96, THIS AREA IS CONSIDERED COMMERCIAL. 7A-11P MAX 75dB(A) 11P-7A MAX 70 dB(A).
10/23/2020 : 16:42:07 mkurtz Narrative: MUSIC IS SHAKING NEARBY PROPERTIES.
Page 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Lil
Al
FAYETTEVILLE
ARKANSAS
Print Date/Time: 12/29/2020 09:51
Login ID: gdawson
Incident Report
*#
Fayetteville Police Department
ORI Number: AR0720100
Incident: 2020-00082062
Incident Date/Time:
10/30/2020 6:20:31 PM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit Personnel
446 446-ROBINSON
349-TOWNSEND
454 454-BINGHAM
360-FAUBUS
Person(s)
No. Role Name Address Phone Race Sex DOB
1 Caller ANONYMOUS
Vehicle(s)
Role Type Year Make Model Color License State
Disposition(s)
Disposition Count
03NORPT 1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commissic
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Li+
CAD Narrative
10/30/2020 : 20:02:10 lbingham Narrative: no violation observed D3
10/30/2020 : 18:40:50 mtheriault Narrative: 369 REQ NIGHT SHIFT RESPOND
10/30/2020 : 18:22:12 joverland Narrative: AS THEY ARE TESTING NOW, USUALLY DO SO AROUND THIS TIME BEFORE
STARTING FOR THE EVENING
10/30/2020 : 18:22:01 joverland Narrative: CALLER ADV IT IS LOUD ENOUGH TO VIBRATE THEIR WINDOWS
10/30/2020 : 18:20:44 joverland Narrative: LOUD MUSIC FROM THIS LOC
Page 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Lil
►0
FAYETTEVILLE
ARKANSAS
Print Date/Time: 12/29/2020 09:52
Login ID: gdawson
Incident Report
Incident: 2020-00082184
r��
IV
Fayetteville Police Department
ORI Number: AR0720100
Incident Daterrime:
10/31/2020 2:16:37 AM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
283
448-HURD
283-SUTLEY
378
378-HARRIS
Person(s)
No. Role
Name Address
Phone Race Sex DOB
1 Caller
ANONYMOUS
Vehicle(s)
Role Type
Year Make Model
Color
License State
Disposition(s)
Disposition Count
03NORPT 2
Property
Date Code
Type Make Model
Description
Tag No. Item No.
Page: 1 of 2
Planning Commissi<
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Li,
CAD Narrative
10/31/2020 : 02:18:07 jmanuel Narrative: CALLER DOESNT NEED CONTACT
10/31/2020 : 02:17:55 jmanuel Narrative: POSS C2
10/31/2020 : 02:17:45 jmanuel Narrative: NO MENTION OF C1 OR FIGHTING
10/31/2020 : 02:17:28 jmanuel Narrative: UNK NUMBER OF SUBJS
10/31/2020 : 02:17:19 jmanuel Narrative: NO MUSIC PLAYING BUT JUST ALOT OF LOUD TALKING AND MOVING AROUND
Page: 2 of 2
Planning Commissic
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Li,
FAYETTEVILLE
ARNANSA7
Print Date/Time: 12/29/2020 09:52
Login ID: gdawson
Incident Report
Incident: 2020-00083895
Fayetteville Police Department
ORI Number: AR0720100
Incident Date/Time:
11/6/2020 4:32:06 PM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
418
418-HARRIS
428
428-NUNEZ
Person(s)
No. Role Name Address Phone Race Sex DOB
1 Caller ANONYMOUS
Vehicle(s)
Role Type Year Make Model Color License State
Disposition(s)
Disposition Count
03NORPT 1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commissic
January 11, 20.
Agenda Item
ADM 20-000017 Prarie St. Lil
CAD Narrative
11/06/2020 : 17:27:19 jeharris Narrative: NOT EXCESSIVE
11/06/2020 : 16:34:15 mkurtz Narrative: CALLER ADV THEY ARE IN CONTACT WITH CITY COUNCIL BUT CAN ONLY
CALL IN NOISE COMPLAINTS IN THE MEANTIME.
11/06/2020 : 16:33:52 mkurtz Narrative: ALREADY GETTING LOUD.
11/06/2020 : 16:33:49 mkurtz Narrative: BAND IS PERFORMING WARM UP PRACTICE.
Page: 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Li,
�4V
FAYETTEVILLE
ARMANSA.S
Print Date/Time: 12/29/2020 09:53
Login ID: gdawson
Incident Report
Incident: 2020-00085789
o
IV
Fayetteville Police Department
ORI Number: AR0720100
Incident Date/Time:
11/13/2020 10:28:12 PM
Incident Type:
NOISE
Location:
509 W PRAIRIE ST
Venue:
FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number:
(303)809-7352
Source:
Phone
Report Required:
No
Priority:
3-Low
Prior Hazards:
No
Status:
Not In Progress
LE Case Number:
Nature of Call:
Unit/Personnel
Unit
Personnel
446
446-ROBINSON
360-FAUBUS
Person(s)
No. Role
Name Address
Phone
Race Sex
DOB
1 Caller
MASNER, CHARLES 525 S SCHOOL AVE 410
(303)809-8352
White Male
06/04/1949
FAYETTEVILLE AR 72701
Vehicle(s)
Role Type
Year Make Model
Color
License
State
Disposition(s)
Disposition Count
03NORPT 1
Property
Date Code
Type Make Model
Description Tag No.
Item No.
Page: 1 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Li,
CAD Narrative
11/13/2020 : 22:42:56 krobinson Narrative: VENUE IS SHUTTING DOWN, HAD OPEN MIC NIGHT. DID NOT OBSERVE
VIOLATION WHILE ON SCENE. D3
11/13/2020 : 22:30:39 sperez Narrative: CALLER DOES NOT WANT A CALL BACK
11/13/2020 : 22:29:02 sperez Narrative: THERE IS A LIVE BAND
11/13/2020 : 22:28:57 sperez Narrative: NO SOUNDS OF DISTURBANCE
11/13/2020 : 22:28:45 sperez Narrative: CALLER LIVES AT 525 S SCHOOL ON THE 5TH FLOOR
11/13/2020 : 22:28:33 sperez Narrative: LOUD MUSIC COMING FROM THIS ADDRESS
Page: 2 of 2
Planning Commissic
January 11, 20:
Agenda Item
ADM 20-000017 Prarie St. Lil
From: Stan Johnson
To: Plannina Shared
Subject: 509 W. Prairie proposed amendment to conditional use permit
Date: Tuesday, December 29, 2020 9:53:06 AM
CAUTION This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Good Morning,
I own property directly to the West of the subject property and did not oppose the original
conditional use permit that April Lee requested due to my desire to be a good neighbor and open
minded to changes in the land use of my neighborhood.
Will you send me a link to the website where I can register for the zoom meeting and see details of
the current request please?
I am opposed to the current request and regret not opposing the original conditional use request.
Thank you,
Stan Johnson, President
Johnson Mechanical Contractors
513 W. Prairie Street
Fayetteville, AR 72701
Cell 479-790-9738
Planning Commissic
January 11, 20,
Agenda Item
ADM 20-000017 Prarie St. Li,
Curth, Jonathan
From: Jorge Sanchez <jorgesanchezl30@hotmail.com>
Sent: Tuesday, January 05, 2021 3:53 PM
To: Curth, Jonathan
Subject: attn. adm- 2020- 000017
T' This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Sent fi-om my Samsung Galaxy smartphone.
-------- Original message --------
From: Jorge Sanchez <jorgesanchezl30@hotmail.com>
Date: 1/5/21 3:46 PM (GMT-06:00)
To: jcurth@fayettevillear.gov
Subject: attn. adm- 2020- 000017
good afternoon.i am unable to attend the virtual meeting on next monday at 530 pm.so i want to write u so that i
may voice my opinion on the subject.i missed the first round of this venues meetings.i understand they
wereasking of the neighbors their opinion.well here is mine:so i live a block and a half away from prairie
st.live.and i have to go to bed by 830pm so that i may wake up at 430 am to prepare to go to work. I am
absolutely opposed to the proposition that they want to stay open later and have more frequent shows. as it is
my windows rattle and it keeps me up well
past my bedtime.it is a nice quiet neighborhood until now.i lose much sleep and know the minute these shows
have ended because i have only 6 hours left to sleep.i oppose this proposal.and i do suggest they move to
somewhere less residential.I live at 300 s. gregg. my name is richard redmond.
Sent from my Samsung Galaxy smartphone.
Planning Commissi<
January 11, 20:
Agenda Item
ADM 20-000017 Prairie St. Lil
ADM-2020-000017
Pending Street Improvements
Prairie/West
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