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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 tii air, � ' iv kit! i - r D o - o -b I O 7 -U CD C O N �. 7 Q 3 0 m �w —3 N r3 0�'. i 1N r ww r waM U) JQ2 LLlWO 3 Wogs >.z -a U. J _H LLv,a�, w W lz Q Uao N O N REVIEW SET NOT FOR CONSTRUCTION z u, p J J 6 L, okz z vLLa w^ w_- z z w Dec 23, 2020