HomeMy WebLinkAbout102-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 102-22
File Number: 2022-0260
APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE):
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY,
D'ANDRE JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO
CONDITIONAL USE PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509
WEST PRAIRIE STREET
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, on February 18, 2021, after an appeal by Council Members Sarah Bunch, Teresa Turk,
and Mark Kinion, the City Council revised the conditional use permit so that it was only extended one
additional year but affirmed the condition allowing an additional hour of music on Friday and Saturday
nights; and
WHEREAS, on February 28, 2022, the Planning Commission approved ADM-2022-001, amending
the conditional use permit to remove the expiration date for the conditional use permit, strike the
Page 1 Printed on 514122
Resolution: 102-22
File Number.' 2022-0260
provision that three documented violations of the noise ordinance would result in an automatic review
by the Planning Commission, and maintain the venue's existing hours of operation; and
WHEREAS, Council Members Sonia Harvey, D'Andre Jones, 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 approves
ADM-2022-001 and amends conditional use permit CUP 19-6721 for Prairie Street Live at 509
West Prairie Street with the following changed condition: Prairie Street Live will be allowed an extra
hour of amplified music on Thursdays to end at 10:00 PM. All other approved terms and conditions
remain unchanged.
PASSED and APPROVED on 5/3/2022
Approved:
Lioneld Jordan, Mayor
f
Attest:
Ile
Kara Paxton, City Clerk Treasures
ff111iliS
Page 2 Printed on 514122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0260
Agenda Date: 5/3/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: B.2
APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE):
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY, D'ANDRE
JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO CONDITIONAL USE
PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509 WEST PRAIRIE STREET
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, on February 18, 2021, after an appeal by Council Members Sarah Bunch, Teresa Turk, and
Mark Kinion, the City Council revised the conditional use permit so that it was only extended one additional
year but affirmed the condition allowing an additional hour of music on Friday and Saturday nights; and
WHEREAS, on February 28, 2022, the Planning Commission approved ADM-2022-001, amending the
conditional use permit to remove the expiration date for the conditional use permit, strike the provision that
three documented violations of the noise ordinance would result in an automatic review by the Planning
Commission, and maintain the venue's existing hours of operation; and
WHEREAS, Council Members Sonia Harvey, D'Andre Jones, 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:
City of Fayetteville, Arkansas Page 1 Printed on 51412022
File Number: 2022-0260
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves ADM-2022-001 and
amends conditional use permit CUP 19-6721 for Prairie Street Live at 509 West Prairie Street with the
following changed condition: Prairie Street Live will be allowed an extra hour of amplified music on Thursdays
to end at 10:00 PM. All other approved terms and conditions remain unchanged.
City of Fayetteville, Arkansas Page 2 Printed on 51412022
CityClerk
From: Paxton, Kara
Sent: Friday, March 11, 2022 1:34 PM
To: CityClerk
Subject: FW: Request to appeal planning commission's February 28, 2022, decision
Follow Up Flag: Follow up
Flag Status: Flagged
Team,
I received the below email from Council Member Jones. He is supporting the appeal to go to City Council regarding the
Planning Commission decision.
Thank you,
Kara Paxton, MSISM, CMC
City Clerk Treasurer
City of Fayetteville, Arkansas
kanaxton(a .favettevi11e-ar. izov
T 479.575.8323#
CITY OF
FAV■TrIVILLE
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Friday, March 11, 2022 12:11 PM
To: Paxton, Kara <kapaxton@fayetteville-ar.gov>
Subject: Fwd: Request to appeal planning commission's February 28, 2022, decision
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.
Hello Kara I am forwarding this item for appeal per Blake Pennington
---------- Forwarded message ---------
From: D'Andre Jones <dre91732000@gmail.com>
Date: Fri, Mar 11, 2022 at 10:34 AM
Subject: Fwd: Request to appeal planning commission's February 28, 2022, decision
To: Blake Pennington <bpennington@favetteville-ar.gov>, Kit Williams <kwilliams@favetteville-ar.gov>
Good morning I would like to bring a resolution forward appealing the planning commissions deciding to the city council
on behalf of Prairie Street!!
Sent from my iPhone
Begin forwarded message:
From: April Lee <prairiestreetlive@gmail.com>
Date: March 7, 2022 at 12:29:31 PM CST
To: "Harvey, Sonia" <sonia.harvev@fayetteville-ar.gov>, "Jones, D'Andre" <dandre.iones@fayetteville-
ar.gov>, "Kinion, Mark" <mark.kinion@favetteville-ar.gov>, "Scroggin, Sloan"
<sloan.scroggin@fayetteville-ar.gov>, "Wiederkehr, Mike" <mike.wiederkehr@favetteville-ar.gov>,
"Bunch, Sarah" <sarah.bunch@favetteville-ar.gov>
Subject: Request to appeal planning commission's February 28, 2022, decision
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.
Dear Councilman,
I am appealing the decision of the Planning Commission to not grant an extra hour of music on
Thursdays until lopm and an extra day of operation each week. I believe my request should be
granted pursuant to Sections 163.02 & 163.10 of the UDC because Prairie Street Live
is compatible with adjacent properties and other properties in the district as well as being
compatible with the goals and intent of the city's strategic plan. As of March 1st, 2022, Prairie
Street Live had contracts totalling $20,0OO through April 16th cancelled due to the 9pm time
constraint. 40% of that was earmarked for more noise mitigation and improvement to the
property. I am requesting that three of you please support my appeal and send a letter to the
city clerk stating your support. The deadline for my appeal is March 14, 2022.
Thank you for your consideration in this very important matter.
April Lee
Prairie Street Live
509 W Prairie St.
Fayetteville, AR 72701
479.236.2404
CityClerk
From: Kinion, Mark
Sent: Friday, March 11, 2022 3:02 PM
To: Williams, Kit; Paxton, Kara; Pennington, Blake; CityClerk
Cc: prairiestreetlive@gmail.com; Harvey, Sonia; Jones, D'Andre; mcwied@icloud.com;
Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Hertzberg, Holly
Subject: Appeal Prairie Street Live
Follow Up Flag: Follow up
Flag Status: Flagged
I will sponsor an appeal of the recent Conditional Use permit approved by the Planning Commission regarding Prairie
Street Live.
Prairie Street live is near the Arts Corridor and could be compatible. It offers a venue for local bands/events. It has
affordable/free tickets offering entertainment to a broader base of citizens. This also is more affordable for large
families.
The owner has requested the appeal. I believe with sound abatement measures in her plans this venue could possibly
meet Fayetteville's Sound Ordinance. It is a needed entertainment venue with a unique niche.
-Mark Kinion
Council Member
Ward 2 Position 1
1
CityClerk
From: Harvey, Sonia
Sent: Thursday, March 10, 2022 4:47 PM
To: Pennington, Blake; April Lee
Cc: CityClerk; Williams, Kit
Subject: Re: Request to appeal planning commission's February 28, 2022, decision
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: FYI
Got it, thanks!
Sonia Harvey
Fayetteville City Council Member
Ward 1, Position 1
(479) 409-5064
Report a concern:
http://www.fayetteville-ar.gov/1782/Report-a-Concern
Speak up on City projects:
https://speakup.fayetteviIle-ar.gov/
From: Pennington, Blake <bpennington@fayetteville-ar.gov>
Sent: Thursday, March 10, 2022 10:37:51 AM
To: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>; April Lee <prairiestreetlive@gmail.com>
Cc: CityClerk <cityclerk@fayetteville-ar.gov>; Williams, Kit <kwiIlia ms@fayetteville-ar.gov>
Subject: RE: Request to appeal planning commission's February 28, 2022, decision
Thanks, Sonia. This is the first appeal email I have seen so far. The City Clerk will need two more council members to sign
on to add this to the next available agenda.
Thanks,
Blake
Blake E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
bbpennin t_tg onnfayetteville-ar.gov
From: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>
Sent: Thursday, March 10, 2022 9:25 AM
To: April Lee <prairiestreetlive@gmail.com>
Cc: CityClerk <cityclerk@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>
Subject: Re: Request to appeal planning commission's February 28, 2022, decision
Good morning!
I am happy to bring April's appeal to Council. Her business is a cornerstone of the Arts Corridor.
Let me know what I need to do to continue the process.
If my replies are slow, feel free to text or call and leave a message the number below.
Sincerely,
Sonia Harvey
Fayetteville City Council Member
Ward 1, Position 1
(479) 409-5064
Report a concern:
https://documents.fayetteville-ar.gov/Forms/ReportAConcern
Speak up on City projects:
https://speakup.favetteviIle-ar.gov/
From: April Lee <prairiestreetlive@gmail.com>
Sent: Monday, March 7, 2022 12:29:26 PM
To: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>; Jones, D'Andre <dandre.lones@favetteville-ar.gov>; Kinion, Mark
<mark.kinion@fayetteville-ar.gov>; Scroggin, Sloan <sloan.scroggin@fayetteville-ar.gov>; Wiederkehr, Mike
<mike.wiederkehr@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>
Subject: Request to appeal planning commission's February 28, 2022, decision
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.
Dear Councilman,
I am appealing the decision of the Planning Commission to not grant an extra hour of music on Thursdays until
lopm and an extra day of operation each week. I believe my request should be granted pursuant to Sections
163.02 & 163.10 of the UDC because Prairie Street Live is compatible with adjacent properties and
other properties in the district as well as being compatible with the goals and intent of the city's strategic
plan. As of March 1st, 2022, Prairie Street Live had contracts totalling $2O,000 through April 16th cancelled
due to the 9pm time constraint. 40% of that was earmarked for more noise mitigation and improvement to the
property. I am requesting that three of you please support my appeal and send a letter to the city clerk stating
your support. The deadline for my appeal is March 14, 2022.
Thank you for your consideration in this very important matter.
April Lee
Prairie Street Live
509 W Prairie St.
Fayetteville, AR 72701
479.236.2404
www.Drairiestreetlive.com
rRAIRIE
STREET
LIVE!
M U19
FaYetleOW'
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 5, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: March 18, 2022
CITY COUNCIL MEMO
SUBJECT: APPEAL OF: ADM-2022-000001: Administrative Item (509 W. PRAIRIE
ST./PRAIRIE STREET LIVE, 523): Submitted by APRIL LEE for property located
at 509 W. PRAIRIE ST in Ward 2. The property is zoned MS-C, MAIN STREET -
CENTER and contains approximately 0.92 acres. The request is for an
amendment of the original CUP-19-6721 (Thurs. night music until 10pm, currently
9pm/amplified music 3 days per week, currently 2/change annual review of CUP
to indefinite).
RECOMMENDATION:
Planning staff and Planning Commission recommend the applicant maintain their current hours
of operation, which includes 2 nights of amplified music per week, a 9 PM conclusion time for
Thursday nights, and an extra day of music for previously approved city-wide events. Planning
staff and Planning Commission also recommend the permit be extended indefinitely.
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 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. The property is currently home to Prairie Street Live, an outdoor
music venue. 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.
In January 2021, Planning Commission approved an extension to the CUP without an expiration
date, and also authorized an additional hour of music until 11:00 PM on Friday and Saturday
nights for a period of one year. The decision was appealed by City Council members Turk, Kinion,
and Bunch, and the appeal was granted to approve only a one-year extension to the conditional
use permit until February 19, 2022, with all other conditions in effect. The conditional use permit
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
expired on February 19, 2022, which prompted the item to be brought back to the Planning
Commission in early 2022.
DISCUSSION:
The applicant requested to extend their conditional use permit approval indefinitely, as well as to
allow for an additional hour of music on Thursday nights until 10 PM, and amplified music from
two days per week to three days per week. They also requested consideration for an extra day of
music during all city-wide events, beyond just Jazz Fest, Roots Fest, and Bikes Blues and
Barbecue.
The item was first presented at the February 14, 2022 Planning Commission meeting. The
applicant requested to table themselves in order to allow more members of the public to speak
on the venue's behalf. 11 members of the public spoke in both opposition and support of the item
at the meeting. Commissioners voted to table the item until the February 28, 2022 Planning
Commission meeting with a vote of 8-0-1 (Commissioner Sharp recused).
On February 28, 2022, the Planning Commission partially approved ADM-2022-000001 by a vote
of 6-0-1. Commissioner Belden made the motion, to include the following conditions:
Extension of the permit without expiration;
Amending existing condition #3 of the original conditional use permit, striking the provision
that three documented violations of the Fayetteville noise ordinance would result in a
public hearing for permit consideration for approval, amendment, or revocation; instead
the permit would defer to the conditions as outlined in chapter 163.10 for noise ordinance
violations associated with outdoor music venues;
Maintaining the venue's existing hours of operation
Commissioner Sparkman seconded the motion and the vote was unanimous among present
Commissioners. Commissioner Sharp recused. Approximately 11 individuals spoke in support
and opposition to the amendment.
Public comment was heard at both meetings. Most of the opposition to the request comes from
nearby neighbors who have issued complaints about noise disruptions, vulgar language, and
parking difficulties when the venue is operating. Those in support of the request find that the
venue supports the local performing arts community, hosts family -friendly events, and reflects the
spirit and intent of the Cultural Arts Corridor.
BUDGET/STAFF IMPACT:
N/A
Attachments:
0 Planning Commission Staff Report
CITY OF
ti FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: February 28, 2022 Updated with PC hearing results from February 28, 2022
SUBJECT: ADM 2022-000001: Administrative Item (509 W. PRAIRIE ST./PRAIRIE
STREET LIVE, 523): Submitted by APRIL LEE for property located at 509
W. PRAIRIE ST. The property is zoned MS-C, MAIN STREET -CENTER
and contains approximately 0.92 acres. The request is for an amendment
of the original CUP-19-6721 (Thurs. night music until 10pm, currently
9pm/amplified music 3 days per week, currently 2/change annual review of
CUP to indefinite).
RECOMMENDATION:
Staff recommends partial approval of ADM 2022-000001, with conditions.
RECOMMENDED MOTION:
"1 move to approve ADM-2022-000001 with conditions, determining:
• In favor of compatibility with adjacent properties: and
• In favor of all other conditions as recommended by staff. "
February 14, 2022 PC Meeting:
At the February 14, 2022 PC meeting, the applicant requested to table themselves. Staff
recommended a partial approval of the proposal, recommending the location to maintain its
current conditional use permit, but not extend their hours of operation or nights of performance.
Public comment was also heard on the item, with members of the public expressing both
opposition to the request, and support of the request. In the interim, staff obtained additional
clarifying information regarding the citations that were issued to the venue, which have been
attached to the report. Staff also received additional public comment, which is attached to this
report.
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 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. The property is currently home to Prairie Street Live, an outdoor
music venue. 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.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 1 of 56
In January 2021, Planning Commission approved an extension to the CUP without an expiration
date, and also authorized an additional hour of music until 11:00 PM on Friday and Saturday
nights for a period of one year. The decision was appealed by City Council members Turk, Kinion,
and Bunch, and the appeal was granted to approve only a one-year extension to the conditional
use permit until February 19, 2022, with all other conditions in effect. The conditional use permit
expired on February 19, 2022. Surrounding land uses and zoning are depicted in Table 1.
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
Request: The applicant requests to extend their conditional use permit approval indefinitely, as
well as to allow for an additional hour of music on Thursday nights until 10 PM, and amplified
music from two days per week to three days per week. They would also request consideration for
an extra day of music during all city-wide events, beyond just Jazz Fest, Roots Fest, and Bikes
Blues and Barbecue.
Public Comment. Staff has received public comment in both support of and opposition to the
request. Most of the opposition to the request comes from nearby neighbors who have issued
complaints about noise disruptions, vulgar language, and parking difficulties when the venue is
operating. Those in support of the request find that the venue supports the local performing arts
community, hosts family -friendly events, and reflects the sprit and intent of the Cultural Arts
Corridor.
DISCUSSION:
Staff partially supports the applicant's requests. Staff finds that mounting neighborhood
complaints indicate that the venue has not always positively contributed to the immediately
surrounding neighborhood, but recognizes the contribution that a music venue adds to the
Cultural Arts Corridor and the overall growth of this central part of Fayetteville. The Fayetteville
Police Department has reported an uptick in calls since Prairie Street Live opened, finding that in
2020, the police received 10 calls for service, eight of which were for noise complaints. In 2021,
the police received 25 calls for service, 12 of which were for "Noise Complaints," but also included
"Disturbances, "Intoxicated Person," and "Extra Patrols". Prairie Street has received two violations
of the noise ordinance in 2021; one more issued violation would result in the possible revocation
of their permit per their conditions of approval. Staff finds that maintaining the venue's hours of
operation to what they are currently permitted for would prevent the venue from further disturbing
the surrounding residential neighborhood, which does predate the venue's operation, though
allowing the Conditional Use Permit to operate indefinitely would save City resources from re-
evaluating the permit on an annual basis.
RECOMMENDATION: Staff recommends partial approval of ADM-2022-000001 with the
following conditions:
Conditions of Approval:
Planning Commission determination of compatibility for an extension of outdoor
music at 509 W. Prairie Street, to remain in effect indefinitely, provided all other
conditions of approval are maintained;
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 2 of 56
Amended condition #3 from original conditions of approval, as shown on page 5.
2. All other conditions of CUP 19-6721 not amended by this request shall remain in
effect, including 2 nights of amplified music per week, a 9 PM conclusion time for
Thursday nights, and an extra day of music for previously approved city-wide
events;
3. 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: February 28, 2022
Motion: Belden
Second: Sparkman
Vote: 6-0-1 (SharD recused
BUDGET/STAFF IMPACT:
None
O Tabled
]$I Approved O Denied
with conditions as recommended by
staff, but amending condition #3 of
original request regarding
documented citations. The CUP will
defer to chapter 163.10 for
= management of noise ordinance
— violations.
Attachments:
• Previous Conditions of Approval (CUP 19-6721 and associated amendments)
• Request Letter
• Police Memo
• Issued Citations
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 3 of 56
Conditions of Approval (ADM-2020-000017, as approved by City Council Resolution 67-21)
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
City Council Resolution 67-21 granted extension approval for
only one year, from February 19, 2021 until February 19, 2022
the extension of outdoormusic, but only for one year, forreduced hours on Friday and
Saturday, and at the currently approved frequency of events; Ex o� indefinitely
by the Co iw _
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 tr% PM 11:00 PM Extended to 11:00 PM,
o Saturday: 11:00 AM to 9130 PM 11;00 PM subject treview after
1
Y January if, 2422.
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.
Conditions of Approval (as approved 11-12-2019):
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
11:00 P.M.
70 dB(A)
Planning Commission
Febr pry 28, 2022
Agenda Item 6
ABU22-MEHM A'Rririe St. Live
Page 4 of 86
All commercial
zones
11:00 P.M. to
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.
Condition struck on Feb. 28, 2022
3. From this date, three doeurnented
approval,under Gendmtmen #2 she'! result in a publie hear -Ong for per -mot eensideratien for
QIIICIIl1111C11 L, VI IGV VI.QIIO111,
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.
Conditions of Approval (as approved 8-12-2019):
Planning Commission
FebrApN 28, 2022
Agenda Item 4
A M-22kMEH 1 Rorie St. Live
Page 5 of 56
1. 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.
2. 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,
3. Trrs co
heFein, ineluding use of the site consistent with tHe site plan pres rated 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).
4. 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 Commission
FebrApN 28, 2022
Agenda Item 4
A M-22kMEH 1 Rorie St. Live
Page 6 of 56
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
11M 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. Speakers hall be oriented SGUth OF nell
lieMdentmed housing. When speakers are oillented north, thevionscordinctlecewill
Stricken by the Planning Commission with consideration for revised request.
6. Sound checks shall not occur prior to 4:00 PM;
7. Per the attaehed Fil Department eernments, some or all on site str-uetures hav
been appFGved as storage er.GupanGies fell building and fiFe rede PUFPeses
Stricken by the Planning Commission with consideration for revised request.
S. 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 provide a parking plan indieviting the numbeF ef antieipated
patrons for a" events, a projeeted number veh eles, and how an adeq
nu berof spases are ;sided -either --Am site, ;
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 Planning Commission again on November 12, 2019.
Planning Commission
Febr pry 28, 2022
Agenda Item 6
A01141221-MEHM A'Rairie St. Live
Page 7 of 86
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
Tv0cal Week (every night)
■ Speakers oriented south or west
• Low -volume, "ambient" music
Hours and anticipated traffic
o Monday -Wednesday
11:00 AM to 9:00 PM
• 100 patrons/day (4 peak hour)
Thur ay
1 . AM t :00 PM
■ 150 p nslday (75 at peak hour)
.� Friday an atur
■ :00 AM to ight
300 patrons/day ( at peak hour)
1) unda
■ 9M0 AM to 9,00 PM
■ 150 patrons/day (40 at peak ho
-Will rat exceed residential levels per the noise ordinance
Flexible Week tue to tHree t4mes a 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 PIN to P 9:00 PM
■ Speakers oriented south
V Thursday
■ 6.00 PIN to 9-30 PM 9 :40 PM
■ Speakers oriented south or east
c Friday
• 6.00 PIN to +44KHaM 10:00 PM
■ Speakers oriented south or east
t� Saturday
■ -PIwA 11:00AM to 10:00 PM
i Speakers oriented south or east
o Sunday 0+ R } Lu 00 {yR
■ Speakers oriented south
• No limits on the number of patrons
Planning Commission
Febr pry 28, 2022
Agenda Item 6
ADU22-MEHM A'Rratrie St. Live
Page 8 of 86
Prairie Street Live
509 W Prairie St.
Fayetteville, AR 72701
January 3, 2022
Dear City of Fayetteville Planning Staff:
I am submitting amendments to my conditional use permit for amplified music that will expire on March
12, 2022. Over the last 29 months we have had over 60 events with only two noise violations. We have
worked diligently to operate within the noise constraints which is almost unobtainable on the north and
west property boundaries, but have been mostly successful. During the last year Prairie Street Live
experienced a high demand for private event rentals on Thursday, but we were overlooked as an option
due to the early time restriction of 9pm on Thursday. It is costly and time consuming for me and the city
to continue reviewing this CUP annually. Unless we have three violations within a 12 month time frame,
we would like the CUP extended indefinitely.
I would like to request three amendments to the current conditional use permit as follows:
Thursday night music until 9pm- amend to 10pm
Amplified music two days per week -amend to three days per week
If amendment #2 above is not granted, then amplified music for one extra day during three city
wide events(Jazz Fest, Roots Fest & BBQ- amend to an extra day during all city wide events.
CUP reviewed annually -amend to indefinitely
Thank you for your time and consideration on this matter.
Regards,
April Lee
Owner, Prairie Street Live
479.236.2404
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 9 of 56
01/21/2022
Re: 509 W. Prairie Street
Andy & Jessie
Thank you for reaching out to the Police Department in reference to the CUP for Prairie Street Live.
According to our records, during the time period of January 15Y, 2020 to January V, 2021, there were a
total of ten calls for service to 509 W. Prairie Street. Eight of these calls were for Noise Complaints.
According to our records, during the time period of January V, 2021 to January V, 2022, there were a
total of twenty-five calls for service to 509 W. Prairie Street. Twelve of these were due to Noise
Complaints.
In the last twelve months, police department calls for service have over doubled. These call types
include Noise Complaints, Disturbances, Intoxicated Person, and Extra Patrols initiated by our officers.
Over the past year we have received complaints of not just noise, but light pollution. We have also
notice noise complaints coming from locations as far away as W. Stone Street. This night we received
four noise complaints from different citizens. The complaints ranged from children that can't go to bed,
distressed pets, to windows rattling. Prairie Street Live received a Citation as a result of a reading of 91
decibels.
The Fayetteville Police Department typically has one or two officers working at night that are certified
on the noise meter. Due to call volume at that time of night, the odds of those officers being assigned
to that area or even available at the time of the noise complaint can be rare. The officers assigned to
the area of Prairie Street Live have tried to conduct Extra Patrols in hopes that our presence will curtail
calls for service, however this is not possible every night due to staffing and call volume.
If I can assist any further, please let me know.
Cpl. Greg Dawson
COP Division
100 West Rock Street
City of Fayetteville, AR 72701
gdawson@fayettevil le -a r.gov
T 479.575.8351 1 F 479.575.8283
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 10 of 56
FAYETTEVILLE POLICE DEPARTMENT
Citation #: E0000343
Offense Date and Time: 1012312021 at 8:42 PM
Issue Date and Time: 1012312021 at 8:42 PM
DRIVER
LAST NAME I
RI 31 MIDDLE
LEE
APRIL VICTORIA
RESIDENCE ADDRESS PHONE
509 W PRAIRIE ST
CITY
S'rATF
ZIP CODE
FAYETTEVILLE
AR
72701
DRIVER LICENSE NUMBER
DL CLASS
DL STATE
CDL
903224643
D
AR
No
DOB
ETH
SEX
RACE
HEIGHT
WEIGHT
1!YE
HAIR
0410111972
NH
F
W
600
220
GRN
I
I
VEHICLE INFO
LICENSE PLATE
STATE
AR
REG. EXP.
COLOR
MAKE
MODEL
TYPE
1
YEA
No
H MA
No
TRAILER PLATE
TRAILER STATE
TRAILER REG. EXP. DOT#
LOCATION
509 W PRAIRIE ST
Direction of Travel: Direction of Turn:
VIOLATION(S)
1) Noise measurements
96.03 Fine/Bond Code: CODE 5
SPEED (MPH)
POSTED SPEED (MPH)
INCIDENT NO.
2021-00075769
NE
No
WORKERS PRESE11TI
No
SCHOOLZONF
No
ACCIDENT
No
NO SEARCH
SPEED DETERMINED
MOV.ISTAT,
OFFICER INFORMATION
OFFICER TOLE 462
SECOND OFFICERIBADGE
OFFICER SAMUELS 347 >
Officer SignaLura:
You are hereby informed that failure to appear at the stated time,
place and court shall constitute a separate offense for which you
may be prosecuted and which may result in your arrest and
punishment In the amount of $1,000.00 fine and/or one year in Jail.
I promise to appear in court at the following date and time.
11/22/2021 at 8:00 AM
Fayetteville District Court
176 S Church Ave
Fayetteville, AR 72701
479-587-3590
Signature:
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 11 of 56
violation 1). 96.03
Noise measurements
DATE
Signature of Judge or Clerk
COURT ACTION
Date
Plee
Finding by Court
The Court therefore enters the following order:
Fine $ Costs $ Fee $
Bond Forfeited $
COURTS ORDERS OR NOTES
As provided by Law, I hereby certify that the Information on this ticket
Is a true abstract of the record of this court or bureau in this case.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 12 of 56
Officer Notes:
READINGS TAKEN FROM THREE LOCATIONS ON NORTH PROPERTY LINE. EAST
67, 75.2 MIDDLE, AND 66.8 WEST. ALL ABOVE NOISE LIMIT FOR
RESIDENTIAL AREA BEFORE 11 PM AT 601313
Weather:
Traffic:
PLA #:
Radar Calib.: No
Criminal Stop: NON -CRIMINAL
Type of Stop: NON -TRAFFIC
MDT: MDT12
No DL: No
STEP:
Vehicle Style:
Vehicle No: 1359
Search: "NO SEARCH
Contraband:
Vold Reason:
Road Condition:
Road Type:
# of Occupants:
Light Condition:
DL Expires: 04/01/2026
Tint Percent: %
Grade:
PLA #:
Radar Number:
Lidar Number:
Radar Test Time:
RO Information:
Name:
Street Address:
City: State: Zip:
RO Same as Driver: No
Picture:
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 13 of 56
Incident Report
CITY OF
FAYETTEVILLE
ARKANSAS
Print Date/Time: 11/22/2021 16:48
Login ID: wnewman
Incident: 2021-00075769
Incident Date/Time:
10/23/2021 5:55:56 PM
Location:
301 S WEST AVE
FAYETTEVILLE AR 72701
Phone Number:
(870)615-0890
Report Required:
No
Prior Hazards:
No
LE Case Number:
Unit/Personnel
Fayetteville Police Department
ORI Number: AR0720100
Incident Type: NOISE
Venue: FAYETTEVILLE
Source: Phone
Priority: 3-Low
Status: Not In Progress
Nature of Call:
Unit Personnel
347 347-SAMUELS
462 462-TOLE
347-SAMUELS
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
05CITATION 1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 14 of 56
CAD Narrative
10/23/2021 : 18:30:41 mtheriault Narrative: 315 REQ NIGHT SHIFT RESPOND
10/23/2021 : 17:59:39 joverland Narrative: CALLER DID ADV HE HAS REQUESTED PD TWICE PRIOR AND NEITHER TIMES
DID THEY SHOW UP WITH A METER
10/23/2021 : 17:57:27 joverland Narrative: ADV HAS BEEN ONGOING FOR AWHILE NOW
10/23/2021 : 17:57:21 joverland Narrative: REF NOISE ISSUE AT PRAIRIE STREET LIVE, 509 W PRAIRIE ST
10/23/2021 : 17:57:10 joverland Narrative: CHANGED CALL LOC TO HIS ADDRESS FOR MTR READING
10/23/2021 : 17:56:44 joverland Narrative: ADV HE IS OVER 600FT AWAY AND BELIEVES IT IS OVER THE LIMIT RIGHT
NOW
10/23/2021 : 17:56:06 joverland Narrative: CALLER WANTS NOISE METER READING
Page: 2 of 2
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 15 of 56
FAY.ETTEVILLE POLICE. DEPARTMENT
Citation M E0007635
Offense Date and Time: 11/19/2021 at 10:51 PM
Issue Date and Time: 11/19/2021 at 10:51 PM
DRIVER
LAST NAME
FIRST
MIDDLE
LEE
APRIL
VICTORIA
RESIDENCE ADDRESS
PHONE
509 W PRAIRIE ST
4792362404
CITY
STATE
ZIP CODE
FAYETTEVILLE
AR
72701
DRIVER LICENSE NUMBER
DL CLASS
DL STATE
CDL
903224643
D
AR
No
DOB
ETH
SEX
RACE
HEIGHT
WEIGHT
EYE
HAIR
04/01/1972
NH
F
W
600
220
GRN
VEHICLE INFO
LICENSE PLATE
STATE
AR
REG. EXP.
COLOR
MAKE
MODEL
TYPE
VIN
YEAR
I
CMV
No
HAZMAT
No
TRAILER PLATE
TRAILER STATE
TRAILER REG. EXP.
I DOT #
LOCATION
513 S GREGG AVE
Direction of Travel: Direction of l urn:
VIOLATION(S)
1) Noise-(Resid) unreasonable of excessive noise prohibited
96.02 Fine/Bond
Code: Must Appear
SPEED (MPH)
POSTED SPEED (MPH)
INCIDENT NO.
2021-00082962
CONSTR. ONE
WORKERS, P E NT
SCHOOLZONEACCIDENT
No
No
No
No
SEARCH
CONTRABAND
NO SEARCH
SPEED DETERMINED
MOV./STAT,
OFFICER INFORMATION
OFFICER HARRIS 433
SECOND OFFICER/BADGE
Officer Signature:
You are hereby informed that failure to appear at the stated time,
place and court shall constitute a separate offense for which you
may be prosecuted and which may result in your arrest and
punishment In the amount of $1,000.00 fine and/or one year In jall.
I promise to appear in court at the following date and time.
12/16/2021 at 8:00 AM
Fayetteville District Court
176 S Church Ave
Fayetteville, AR 72701
479-587-3590
Signature:
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 16 of 56
Violation 1). 96.02
Nolse-(Resid) unreasonable of excessive nolse prohibited
Signature or Judge or Clack
COURT ACTION
Date
Plea
Finding by Court
The Court therefore enters the following order:
Fine $ Costs $ Fee $
Bond Forfeited $
COURT'S ORDERS OR NOTES
As provided by Law, I hereby certify that the information on this ticket
Is a true abstract of the record of this court or bureau in this case.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 17 of 56
Officer Notes:
Weather:
Traffic:
PLA #:
Radar Callb.: No
Criminal Stop: NON -CRIMINAL
Type of Stop: NON -TRAFFIC
MDT:MDT03
No DL: No
STEP:
Vehicle Style:
Vehicle No: 1337
Search: "NO SEARCH
Contraband:
Vold Reason:
Road Condition:
Road Type:
# of Occupants:
Light Condition:
DL Expires: 04/01/2026
Tint Percent: %
Grade:
PLA M.
Radar Number:
Lldar Number:
Radar Test Time:
RO Information:
Name:
Street Address:
City: State: Zip:
RO Same as Driver: No
Picture:
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 18 of 56
Kraft.
rs Incident Report
C(TY or
FAYETTEVILLE IV
AaKANSAS
Print Date/Time: 11/22/2021 16:24 Fayetteville Police Department
Login ID: wnewman ORI Number: AR0720100
Incident: 2021-00082962
Incident DateITime: 11/19/2021 9:20:58 PM Incident Type: NOISE
Location: 509 W PRAIRIE ST Venue: FAYETTEVILLE
FAYETTEVILLE AR 72701
Phone Number: (479)249-7612 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
433 433-HARRIS
439 439-SINIAWA
Person(s)
No. Role Name Address Phone Race Sex DOB
1 Caller CENTERS, LEE ANN 02/26/1974
Vehicle(s)
Role Type Year Make Model Color License State
Disposition(s)
Disposition Count
03NORPT 2
05CITATION 1
Property
Date Code Type Make Model Description Tag No. Item No.
Page: 1 of 2
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 19 of 56
CAD Narrative
11/19/2021 : 23:43:58 charris Narrative: NOISE READINGS WERE TAKEN IN MULTIPLE LOCATIONS WITH THE HIGHEST
BEING 91.5DB ON GREGG AVENUE NEAR THE STAGE. EMPLOYEES STATED THEY WERE CHECKING IT AS WELL
AND DID NOT BELIEVE THE READING. WE WALKED THE PROPERTY AND SHOWED MULTIPLE TIMES MY METER
AND HIS WAS OVER 78 TO 85 DB WITH HIM AGREEING IT WAS TOO LOUD. A CITATION WAS ISSUED TO THE
PROPERTY OWNER.
11/19/2021 : 22:31:42 hlong Narrative: ANOTHER CALLER IS AT 413 S WEST AVE AND IS MAKING A COMPLAINT ABOUT
THE NOISE.
11/19/2021 : 22:11:14 hlong Narrative: CALLER IS UPSET, ADV THAT HE WANTS A DECIBEL ORDER DONE. HE IS
STATING THAT THE LEVEL IS AT 70 RIGHT NOW AND NOT 60
11/19/2021 : 22:09:59 hlong Narrative: ANOTHER CALLER IS AT 301 S WEST AVE. HE IS WANTING A METER READING.
ED LEVI 8706150890.
11/19/2021 : 21:40:51 msiniawa Narrative: Called Ms. Centers and discussed the noise ordinance and sanctioned decibel levels. She
was mostly content with waiting for the party to end in about an hour. d3
11/19/2021 : 21:34:52 hlong Narrative: SHE IS ADV THAT IT WAS VIBRATING HER WINDOWS EARLIER BUT ISN'T
CURRENTLY.
11/19/2021 : 21:34:24 hlong Narrative: ANOTHER CALLER AT 676 STONE ST IS REQ A NOISE METER READING. MARY
NEVIN 479-443-4113.
11/19/2021 : 21:22:11 aacord Narrative: CALLER HAS A CHILD SHE IS TRYING TO GET TO SLEEP
11/19/2021 : 21:22:02 aacord Narrative: ADV THE NOISE HAS NEVER BEEN THIS LOUD
11/19/2021 : 21:21:52 aacord Narrative: REF THE EVENT ADV THE BASS HAS IS RATTLING HER HOUSE AND HER
ANIMALS ARE HIGHLY DISTRESSED
Page: 2 of 2
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 20 of 56
2021 Noise Citations
Ticket Date.Calendar Calendar 2021
Row Labels -
Charge Count
1764 N GARLAND AVE, FAYETTEVILLE, AR
1
NOISE - (RESID)UNREASONABLE OR EXCESSIV NOISE PROH
1
Traffic
1
E0014195
1
509 W PRAIRIE ST, FAYETTEVILLE, AR
1
NOISE MEASUREMENTS
1
Criminal
1
E0000343
1
513 S GREGG AVE, FAYETTEVILLE, AR
1
NOISE - (RESID)UNREASONABLE OR EXCESSIV NOISE PROH
1
Criminal
1
E0007635
1
S ONTARIO_PL / W MITCHELL ST, FAYETTEVILLE, AR
1
NOISE - (RESID)UNREASONABLE OR EXCESSIV NOISE PROH
1
Criminal
1
E0015575
1
W DICKSON ST / N CAMPBELL AVE, FAYETTEVILLE, AR
1
NOISE - (REVVING) PROHIBIT EXCESSIVE ENGINE
1
Traffic
1
E0018735
1
W DICKSON ST / N WEST AVE, FAYETTEVILLE, AR
2
NOISE - (REVVING) PROHIBIT EXCESSIVE ENGINE
2
Traffic
2
E0017007
1
E0021502
1
W MARTIN LUTHER KING JR BLVD / S FUTRALL DR, FAYETTEVILLE, AR
1
NOISE - MV/MC SOUND LIMIT (STEREO)
1
Warning
1
E0017243
1
W WEDINGTON DR / N MARVIN AVE, FAYETTEVILLE, AR
1
NOISE - MV/MC SOUND LIMIT (STEREO)
1
Warning
1
E0006048
1
W WEDINGTON DR / N MEADOWLANDS DR, FAYETTEVILLE, AR
1
NOISE - MV/MC SOUND LIMIT (STEREO)
1
Warning
1
E0006046
1
W WEDINGTON DR / N STEAMBOAT DR, FAYETTEVILLE, AR
1
NOISE - MV/MC SOUND LIMIT (STEREO)
1
Warning
1
E0006027
1
Grand Total
11
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 21 of 56
From: Prairie Street Live News [ma iIto: prairiestreetlive.news@gmail.com]
Sent: Monday, February 07, 2022 2:27 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live
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.
Dear Fayetteville City Council,
My name is Alex Flaherty, and I am the owner and operator of RedPhoxPhoto LLC. We
offer photography, videography, and concert production to events, venues, and musicians in the
Fayetteville area. I started my business with a single camera in March of 2021, probably the
worst time to quit my "real" job and join the creative industry but as we've all seen life happens
in funny ways sometimes. I guess fortunately, global circumstances made an opening in the
market for me.
Out of every single venue I have worked at in Fayetteville/NWA (over 3 dozen venues
with 100+ paid/unpaid events in 2021!) Prairie Street Live is the only place where I not only feel
extremely welcomed, I have interacted with many other production teams, the team at PSL is
the only group that from day 1 were kind and professional to both myself and every single
member of my team (and friend group) that I have brought to a show here. I look forward to
doing tons of work with them in the future. This is only venue I have ever been to where the
owner is working harder than anyone and doesn't seem to be mad at the fact that they own an
event space. I have only met maybe 1 or 2 other venue owners in the dozens and dozens of
events my company has been a part of in the last 11 months, and she is actively working on
some improvement to the property or some event coordination 99% of the time I have interacted
with her. I literally just told her in a text a few days ago that "you do too much, do you ever sleep
or relax btw?"
Many other venues in town put extremely minimal effort into their music events, and
Prairie Street Live regularly has events that have had multiple days of decoration and months of
preparation going into a 10 hour event. I have attended shows at PSL that had 30-50 people in
the crowd and there was still a full production crew venue provided speakers, venue provided
lights (that were better than the piano bars lights), AND a full video crew recording and live
streaming to multiple platforms. Other venues in town are either 100% DIY or they put ZERO
effort into smaller local artists. I have watched the power fail at a concert in town 9 times during
the OPENING SONG of a band's set. The band literally had to play their intro song 10 times in
order to get through it without the venue's power failing them. There were at least 75-100
people in the crowd. I felt absolutely embarrassed for the band, and the venue still acts like it's
not an issue and continues to book acts semi -weekly.
If this was put up to a vote and I had a say, my vote would be to take a few million from
the arts corridor renovation and throw it to April Lee for renovations at PSL, show that
Fayetteville City Council actually cares about the art that's already here, not just a bunch of
shops and one off murals on the bike trail. This could be a place where multi -day music festivals
are thrown, it has the capacity to hold bigger shows than JJs live and Georges, and it's within
the entertainment district. This is a no brainer. With a few renovations and a bit of cooperation
with the city, this could be an event/weekly concert space that could easily hold 3-4k people,
and it's already set up to be a perfect pit stop along the bike trail with food and drink.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 22 of 56
The staff at the PSL bar are all super friendly, the BBQ truck on the property is so good
I'm actually irritated that it's closed during the winter, and it's one of the few spaces around here
that does free outdoor movies and events weekly when they are open. We need to keep that
"music in the park vibe" if we really want to "Keep Fayetteville Funky". When this place is open
and there is something being hosted, I would rather spend my money eating and drinking here
than any other place in Fayetteville.
I truly believe this venue should be allowed to operate 7 nights a week at full capacity,
anyone complaining that they live next to an outdoor concert venue in a cool town should move
down wedington and go live in the woods, do the people living on/directly off Dickson St get to
complain about the guy playing Star Wars on the bagpipes at 1:45am? What about the
community nuisance (and danger) that Chick-Fil-A STILL causes on MLK daily with cars backed
up into the road 25ft from the intersection? What about the issue of parts of the Bike Trail still
not being safe at night due to the homelessness and drug epidemic issue? I'm much more
concerned about these issues and I think the city should be too, and I don't think you need to be
voting on PSLs rule book every year anymore.
In conclusion, this place is a gem, and it needs to be allowed to thrive and grow into
what this town needs. Do we really want Eureka Springs and Rogers to have insane outdoor
venues and Fayetteville not?
-Alex Flaherty
Director of Operations and Creative Services,
Red Phox Photo LLC.
Red PhoxPhoto(@gmail.com
From: Brandi Beach <brandilb1024@gmail.com>
Sent: Wednesday, February 9, 2022 10:43 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live
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.
Dear Planning Commissioners of Fayetteville:
My name is Brandi Beach and I am a resident of Fayetteville. We recently moved from the Kansas City
area.
I am writing in regards to Prairie Street Live and the requested amendments proposed:
1. Thursday night amplified music end time from 9pm to 10pm- PSL is a family friendly venue that
not only holds events such as live music, crawfish boils, and an overall good time, but is absolutely a
great place to relax, hang out with friends and have fun with the kids. The increase from 9:00 -10:00 is
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 23 of 56
especially important during the warmer months. An extended timeframe for events is much appreciated
among patrons.
2. Weekly amplified music event allowance amended
from two nights per week to three nights per week. Again, warmer days are very important for families
and like minded folks to have a safe, comfortable place to hang out. The fact that PSL is an inclusive
venue that holds many fundraisers and is a very positive representation of what Fayetteville stands for is
a huge benefit for the city and should not be dismissed. Increasing the number of nights would only be a
positive for the city and show that we stand behind local venues that represent the best of Fayetteville.
3. Amend annual committee review of conditional
use permit to extend the CUP indefinitely- PSL is a family oriented, inclusive, safe place that not only
has amazing live music, but utilizes the space to raise awareness and money for many different types of
local people, places and things. The time and money spent to review this annually could be spent on
things that are not so positive for the city.
Please allow PSL the above listed requests as they are minimal considering what PSL represents for the
city of Fayetteville.
Sincerely,
Brandi L Beach
2592 W. Lori Dr.
Fayetteville, AR. 72704
From: Chase Myska [mailto:myska707@gmail.com]
Sent: Wednesday, February 09, 2022 1:47 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Prairie Street Live
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.
Hey my name is Chase Myska. I am a local comedian and Prairie Street Live has been a great venue for
music and comedy. I'd like to keep that going. I'm asking that you consider allowing Prarie Street Live to
have live entertainment until 10pm on Thursdays and until 11pm on Fridays and Saturdays indefinitely.
Thank you for your consideration,
Chase Myska
From: Ed Levi <edlevibees@gmail.com>
Sent: Tuesday, February 8, 2022 11:29 AM
To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Prairie Street Live's request for permanent permit and extension of hours to be included in the
packet for the Planners
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 24 of 56
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.
To the Planning Commission regarding Prairie Street Lives request (ADM-2022-000001)
Although I've already written a letter that was sent to Jessica Masters I am writing this in an
effort to be clearer. To start with, under the current conditions I will be extremely disappointed if
the Planning Commission recommends acceptance of Prairie Street Live's request. I want to
clearly state that I am not against such a venue if it has a positive influence on the residents of the
neighborhood but let me spell out my objections.
I was present at the City Council meeting when they first accepted the Commission's
recommendation and approved a Conditional Use Permit when the applicant originally
applied. The applicant said clearly at that time that she wanted to be a good neighbor, wanted
to have a family friendly venue, had ample parking available, would provide public toilets for
those using the Greenway and would abide by the pertinent ordinances. None of these have
been met.
The venue has projected amplified music that is disturbing for residents. My home is about 600
feet north and slightly east of the venue. I cannot use my yard for entertaining friends or family
when PSL is active because we cannot hear each other. I cannot have my windows open when
I want to go to sleep but instead I have to run the AC so as to overcome hearing the lyrics, but I
still hear the percussion. I have measured the decibels of the bands on my back porch as high
as the high 70's range. I have, on several occasions, heard in my yard, and even in my house,
such profanities as the frequent use of "IF -bombs". (A police officer told me that the "F-bomb"
falls under freedom of speech. That may be so, but I don't want to hear it in my house.) None
of this is neighbor friendly.
In my opinion shouting the F'bomb is not family friendly either. A relative of the applicant also
told me that she'd "learned several new ways to describe a vagina in one song during a session
where families with kids were present." This is not family friendly.
I have seen and heard from more than one resident on Prairie Street that parking during PSL
events is totally jammed up. Cars are often parked on private property without permission and
I've even seen cars parked partway into the intersection. While this isn't a problem for me, it
isn't what the Commission or the Council was told.
I use the Greenway often and after two years have not seen restrooms that are accessible to
the trail on that property as promised.
As for the ordinances, PSL has received two citations for violations of noise that surpassed the
ordinance. (The applicant thinks that's good.) But, in fact, that's not even half of what they
should have been given. According to Jonathan Curth, the first year of their permit the police
didn't realize that there were two different noise limits affecting their location. One is to the south
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 25 of 56
and a lower one toward the residential zone to the north. (I personally told the applicant when I
learned that from Mr. Curth and she hadn't known it either.) I actually had officers tell me that
first year that they were not breaking the noise ordinance because they were not over 75
decibels. They should not be over 65 at their northern property line but the police were not of
that or enforcing it. (I never called the police when they weren't amplifying music over 65 dbl on
my back porch!) If you factor in the distance between their venue and my property, they were
not even close to being in compliance.
I need to say here that nobody, including myself, wants to bother the police with little matters
when the police have bigger matters to attend to. But that said, I have gotten to the point of
calling them a few times because the noise was so annoying. Two times during the second
year of their CUP when I called I know that the police didn't come. One time the dispatcher told
me on the phone that they couldn't come because they were stretched thin because of a football
game. The other time they told me that if an officer could get out there that he'd stop by my
house on the way but he never showed up. Then, on top of that, one time, when an officer
came to my house he told me that he didn't have a decibel meter. And the last time, when an
officer was actually down at the venue, he called me on the phone and said that "there wasn't
an officer available that was certified to use a decibel meter." That time I measured the decibels
hitting in the high 70's on my porch and I could clearly hear the F-bombs inside house with my
doors and windows shut. (I was told that same night, someone else was told by an officer that
on the Prairie Street they were hitting "80 something" decibels.)
Also you should be aware that that afternoon the applicant sent her mother to my house to offer
my wife and me a dinner out and a hotel room "because they're liable to get loud down there
tonight". I suppose that was supposed to be neighborly except I don't think we should have to
move out of the comfort of our house because, "they're liable to get loud". We didn't take the
offer and, as I said above, it got loud and rude. Apparently they knew in advance that they
would be annoying neighbors and breaking ordinances.
Other than the parking problem, it seems that there is more than one way to eliminate all the
problems. Just denying the permit would be the easiest and would be best for the
neighborhood but that isn't good for the applicant or their performers. The second way is to
write into the permit a lower decibel level than that of the ordinance. Mr. Curth told me that it's a
possibility that the commission could recommend and the Council could mandate a lower
decibel level in PSL's permit. (That would be meaningless unless it was low enough to make a
difference for the neighborhood and then, the police would need to be diligent in enforcing that
agreement.) Thirdly, like George's or JJ's Live, they would have to build a building in which to
contain the noise. And the fourth choice would be for PSL to move to another location where
they wouldn't be disturbing residents.
Being that Prairie Street Live has not been neighborly, has not been "family friendly, did not
have the parking situation "taken care of', did not provide the restrooms as promised and has
not abided by the noise ordinances, it doesn't seem appropriate to honor their requests.
Homeowners and renters pay money to live in and enjoy their homes. That enjoyment should
not be infringed upon by those who break ordinances and promises. Therefore I hereby request
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 26 of 56
the Planning Commission to find another solution than to give a positive recommendation for the
applicant's request.
Respectfully,
Ed Levi
301 S. West Ave., Fayetteville, AR 72701
From: FestyPanda <festypandapromotions @gmaiLcom>
Sent: Wednesday, February 9, 2022 6:08 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live
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.
Hello Fayetville City Planning Commission,
My name is Jason " FestyPanda " Balk. I am the in-house photographer, FestyPanda
Photography, for Prairie Street Live. Ever since being able to start doing photos and videos
at PSL my life has changed for the best. My art has gotten extremely better and have been
able to get ahead on a lot of debt that I had.
PSL is an amazing place where people of ALL ages can get together and have fun
while enjoying live music. This is something that we have very little of in Arkansas. Most live
venues are 18+. This makes it so adults don't have to figure out how to find babysitters and
can help their children's artistic minds grow. I remember growing up and having a few
venues like this and am so thankful to have been able to have that experience.
We have had many people leave sad or surprised that we can't have 3 days of
music at the venue. We would love to see Thursdays until 10 PM with Friday and Saturdays
until 11 PM being allowed indefinitely. This can only help the city of Fayetteville's over-
growing entertainment district and as a music venue is something that needs to be allowed
to be able to stay around.
I really hope that PSL can be able to get the go-ahead to have these things happen.
Music has changed my life and with throwing these events I hope we can change other
people's lives too.
Thank you for your time,
Jason " FestyPanda" Balk
Jason "FestyPanda" Balk Jr.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 27 of 56
dam.
FESTY ��� PAN_DA
Ay�To6RAe�y
FestyPanda Photography & Promotions
Facebook.com/FestyPanda/
479-431-1252
now
From: Holden O'Keefe <holden mokeefe@outlook.com>
Sent: Wednesday, February 9, 2022 6:39 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live (PSL) Support
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.
To whom it may concern,
I am one of the social chairs for Sigma Nu at the University of Arkansas. I fully support the
amendments April has proposed to you all.
Prairie Street Live is a great venue, not only for fraternities/sororities, but anyone looking for
something to do with their weekends. I respect April's straightforward way of conducting business and
believe she deserves to have the opportunity to host more events at her venue. She should not have to
pass on events due to subjective technicalities.
Thank you for taking the time to consider my support.
Cheers,
-Holden
Sent from Mail for Windows
From: Jan Townsley <jan.townsley@gmail.com>
Sent: Wednesday, February 9, 2022 4:27 PM
To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Prairie Street Live's request (ADM-2022-000001)
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.
February 9, 2022
To The Planning Commissioners:
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 28 of 56
I've recently become aware that Prairie Street Live is requesting that their conditional
use permit be made permanent and that their hours of amplified operation be
extended. I'm hoping that request will not be granted and am writing to share my
concerns.
There are 6 homes between ours and Prairie Street Live which should be plenty to allow
that noise to dissipate, but the sounds funnel up along the bike trail and registers
between 65 and 75 decibels in our backyard. We have completely given up having
friends over for outside visits on the weekends. We get tired of yelling and asking to
have everything repeated, and the lyrics aren't always kid -appropriate. Having
windows open on summer evenings is out of the question and we keep ear plugs
available for those evenings when we want to read. It's some consolation that PSL only
amplifies on Friday and Saturday nights, but I see they'd like to add Thursday nights as
well. Music, unlike traffic or even trains, is hard to tune out. It doesn't matter the
genre. It grabs your attention and doesn't let go until 11pm which can seem pretty late.
I understand that the City is growing and that a majority of voters passed a bond issue
to develop a Cultural Arts Corridor. To an extent, change is inevitable. But how that
change is managed is key to keeping Fayetteville the wonderful City that it is. If the
City is promoting infill, if greater density is desirable to cut down on traffic and prevent
urban sprawl, if a goal is walkability, and if multi -use zoning includes housing options,
then the area needs to remain a place where people would actually want to live. This
means making sure the businesses established in a community don't force the people
who live there to pack up their things and flee to the suburbs.
Perhaps PSL could move indoors like George's Majestic did some time back. I'm not
really sure what other options there might be but the status quo is hard to live with.
Sincerely,
Jan Townsley
From: leilanilaw09@gmail.com [maiIto: leilanilaw09@gmail.com]
Sent: Monday, February 07, 2022 2:06 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 29 of 56
Cc: prairiestreetlive.news@gmail.com
Subject: Prairie Street Live C.U.P.
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.
Dear folks on the Fayetteville Planning Commission —
It is with sincere interest and support that I am writing to encourage your decision to grant the venue, Prairie
Street Live the following three amendments to their conditional use permit.
1. Thursday night music amended music end time from 9pm to 10pm
2. Weekly amplified music event allowance amended from two nights per week to three nights per week.
3. Amend annual committee review of Conditional Use Permit to extend the Conditional Use Permit
indefinitely.
As a studio artist, art business owner & active community member who highly values art, we can not afford
to NOT support venues who provide exposure for artists and patrons of the arts in Fayetteville. The
opportunities for artists (of all mediums) to perform, exhibit, collaborate & contribute to the vitality of our
Fayetteville community has all but vanished... even prior to the pandemic.
There was a time when (not that long ago) Fayetteville was the place in NWA most known as having a vibrant
art community. Sadly, that is not true any longer.
The 'promise' of a corridor of the arts to regenerate that vibrancy seems empty to myself & most artists still
living here.
Prairie Street live, however, IS along this corridor and I have attended many wonderful gatherings there with
artists exhibiting, performing and bringing a much needed connection and appreciation for the arts and
community for all who attend.
The arts have the power to bridge divergent groups together, inspire imagination, reconnect us to our deeper
selves and to celebrate our unlimited potential as human beings.
The hosts of Prairie Street Live have that magical blend that accommodate artists wonderfully and make all
who attend feel welcome, inspired and restored.
I hope your decision(s) will support their desires as we all can benefit greatly by their offerings!
Sincerely,
L. Leilani Law
www.studioleilani.com
ART from the inside -out
From: Nancy Ward <nsw555@gmail.com>
Sent: Monday, February 7, 2022 4:24 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 30 of 56
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.
Greetings,
We support the 3 requested amendments to the Conditional Use Permit for Prairie Street Live. We
believe they are an asset to our community.
Nancy & Bill Ward
915 N. Park 72701
From: Nelson O <nelson@eartistsagency.com>
Sent: Wednesday, February 9, 2022 9:41 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Cc: Brandon Denson <bd@eartistsagency.com>; Melissa Stewart <melissa@eartistsagency.com>
Subject: Prairie Street Live I I Fayetteville Planning Commission - Conditional Use Permit Amendments
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.
To whom it may concern,
Please see the attached letter from Eclectic Artists to be used at the hearing regarding the Conditional Use Permit
for Prairie Street Live.
Many thanks,
Nelson Oyesiku III
Eclectic Artists LLC
Booking Agent
Email: Nelson@eartistsagency.com
Cell: (404) 626-8214
Click this link to schedule a call on my calendar!
CCLCCIIC ALA5I#iF
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 31 of 56
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached
to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person
responsible for delivering it to the intended recipient, you are hereby notified that any disclosure,
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destroy the original transmission and its attachments without reading or saving in any manner.
From: Stan Johnson [mailto:bushmanstan@outlook.com
Sent: Wednesday, February 09, 2022 1:06 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live
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.
Sent from Mail for Windows
Jessica,
I am writing today in opposition to the renewal of conditional use permit and/or the issuance of a
permanent permit for the subject matter above. The continued operation of PSL at this location is a
nuisance to almost everyone in the neighborhood due to excessive noise, vulgar language (amplified),
traffic congestion and (most of all) illegal parking. I tried , unsuccessfully, for 3 years to work out a
parking agreement with the owner/operator of PSL. It became apparent that their patrons feel entitled
to park anywhere and everywhere and PSL accepts no responsibility for minimizing their impact on the
neighborhood from the events they host for a profit.
I own the property directly across the street (513 W. Prairie) from PSL and have since 1987. As this part
of town transforms it makes sense for me to look at re -purposing this property. And the natural fit is
some sort of mixed use with multifamily housing mixed with office or retail per current zoning. I am
almost certain that each and every member of the City Council would choose to not live across the
street from a live outdoor music venue. So why do they think it is such a good fit for Prairie Street. The
continued operation of this neighborhood nuisance, PSL, takes away the potential for any sort of
residential development in my opinion.
The Fayetteville City Council seems to have no regard for the property rights of individuals as they
continue to ignore complaints from people that live and work in this neighborhood. The fact that
someone chooses to live in Fayetteville should not come with the condition that you have to be
subjected to out of place zoning and just accept that as a price citizens have to pay. Amplified music is
very subjective to say the least. It's just plain wrong to expect residential neighborhoods to just shut up
and take it.
I attended, via zoom, a City Council meeting last year and spoke in opposition to the renewal of
conditional use permit and in opposition to additional hours of operation. The City Council granted both
even though the Planning office had recommended the hours of operation stay the same.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 32 of 56
I urge you to recommend to City Council that existing condition use permit be revoked or, at the least,
remain conditional.
Thank you for your time in reading this email.
Stan Johnson
From: ATG Accounting [mailto:atgaccounting@auroratactical.com]
Sent: Thursday, February 10, 2022 8:47 AM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Prairie Street Live
Importance: High
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.
Hello Fayetteville Planning!
As a citizen of Fayetteville, Arkansas I would like to show support for April Lee and Prairie Street Live
located at 509 Prairie St. I strongly feel the following requests for amendments to her business would
continue to build on the foundation of the business and surrounding area.
Please consider these following amendments:
1. Thursday night music can be extended to 10pm from 9pm
2. Weekly amplified music event allowance amended from two nights per week to three nights per
week.
3. Amend annual committee review of conditional use permit to extend the CUP indefinitely.
April has spent a substantial amount of resources and time to build a wall between Prairie St and the
stage for this season coming up. She is always mindful of the volume and for 98% of the season the acts
she has booked have also been respectful of the volume. Any acts that do not respect the sound codes
are not asked back because that is not what April wants for her establishment or the area. This venue is
very special and provides a nice size yet intimate setting for artists. It offers something unique to the city
and offers something for the whole family. Thank you for your time and consideration.
Kind Regards,
Tanya Pelt
479-751-8136
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 33 of 56
From: Brandi Taylor [mailto:toocooll01@gmail.com]
Sent: Monday, February 14, 2022 7:23 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live
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.
We need our use permit to be continued indefinitely!
We need to be able to have 3 nights of big events per week!
We need to be able to go to
11pm on Friday/Saturday and
until 10pm on Thursday!
PSL is an incredibly important part of the arts scene and its in the arts corridor!
Why would the city ever vote against the music and musicians? Eureka Springs is for the art and the
artist. It is truly why my husband and I come and spend a good deal of money on hotels and restaurants
every month there. The music, the arts, Prairie street live!
What is going to happen next? Let them have their permit indefinitely, please.
-Brandi Nicole T.
From: C. Michael Daily <carl.mike@gmail.com>
Sent: Wednesday, February 23, 2022 6:21 AM
To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: ADM-2022-000001
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.
Ms. Masters,
In addition to my comments from my Feb. 12, 2022 email, please pass on the following information to
the Planning Commissioners for consideration:
First, I believe that Commissioner Garlock was spot on in his comments from the last meeting. This is not
a popularity contest, or "people v. the arts". The actual issue is whether a live music venue, who
apparently can only play at high volume, can operate without violating the law. By definition, a property
use is only compatible if it is capable of existing together with other properties "without discord or
disharmony." See Rolling Pines Ltd. Partnership v. City of Little Rock, 73 Ark. App. 97, 40 S.W.3d 828
(2001). On Feb. 14, 2022, Mr. Butt's comments served to confirm that PSL cannot (or will not) operate at
a volume level that complies with the law. Knowing that PSL only intends to play music at a volume
level that violates the law, and creates discord within the community, is crystal clear proof that their
outdoor music venue and business model is incompatible with the surrounding properties.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 34 of 56
Lost in this discussion is the fact that PSL could operate 7 days a week. There are a variety of ways they
could operate without violating the noise ordinances, but they just choose not to. Allowing PSL
additional days/time, or even allowing a CUP in this instance, given that they are unwilling to comply
with the law of this city, only perpetuates the problem.
If the Planning Commission were to extend PSL's outdoor music venue CUP, then they should impose
additional conditions; not fewer. In a typical scenario, the Commission would require the business to
first submit a site plan and the site plan would show how the business would avoid noise
violations. Take for instance Section 163.10 (A)-(C):
"...All other outdoor music establishments may be allowed as conditional uses where they are
permitted subject to the following additional conditions:
(A)
Site Plan. A site plan showing the proposed location and size of the outdoor music area; location
and direction of the speakers; noise absorbing walls, structures or devices; proposed days and
hours of operation of the outdoor music area; and measures proposed to lessen or eliminate any
adverse effects upon nearby residences and businesses.
(B)
Planning Commission Review. In addition to all normal considerations for a conditional use, the
Planning Commission may require noise reducing measures and structures be incorporated into
an outdoor music area, may limit the size, power, number and direction of speakers, and may limit
the hours of outdoor music generation from the establishment.
(C)
Fayetteville Noise Ordinance Violation. If the establishment or any band or any person operating
at such establishment is convicted of violating the Fayetteville noise ordinance (§96.06 of
the Code of Fayetteville), such violation may constitute grounds for revocation of this conditional
use to operate an outdoor music establishment."
Responsible planning dictates that proof of mitigation should occur before a CUP is issued; not after. If
PSL wants to play loud music that would otherwise violate the noise ordinances, then they should be
required to submit a plan that demonstrates how it will mitigate the sound going forward --plain and
simple. Sound mitigation won't hurt their business. Honestly, why would anyone pay to go see a show at
PSL if you can listen to the music for free half a mile away?
Also, note that there is no "3 strikes rule"; rather, according to subsection (C), after any one conviction,
the Planning Commission can revoke the CUP. There were two convictions in a 30-day span last fall; one
where the music was measured at 90+ decibels, which at the North end of the property, is over 100
times louder than allowed. Lack of convictions does not equate compliance. Citizen complaints doubled
from the previous years. If there had been consistent enforcement, there would have been dozens of
convictions.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 35 of 56
The surrounding property owners appreciate the arts, but not at the expense of comfort in one's own
home. Personally, I moved here for the Arts Corridor, and despite Commissioner Winston's flippant
"some people will have to move" remark, I don't intend to go anywhere. But, I do expect the Planning
Commission to make rational decisions that represent the interests of all of the City's property owners --
not just one. And, if he is incapable of doing so, then perhaps he shouldn't vote on this issue. No single
property owner should be able to dominate the air space of the entire Arts Corridor. How is another
cafe/restaurant/bar supposed to also have live music, when it cannot be heard over the ordinance
violating music from PSL?
I would request that the Planning Commission revoke PSL's CUP until they demonstrate that they are
capable of complying with the laws of this City. If they want to continue to operate at loud volume only,
then that means they will need to mitigate the sound, first; not at some undetermined time down the
road.
Mike Daily
On Sat, Feb 12, 2022 at 8:08 AM C. Michael Daily <carl.mike @gmail.com> wrote:
To Jessie Masters and the Planning Commission:
Please consider my comments and concerns at the Feb. 14, 2022 meeting of the Planning Commission.
Prairie Street Live's ("PSL") request to the Planning Commission should be denied. First, PSL's business
concept is not compatible with the surrounding area. The lower area of the Mill District is not the
entertainment district. It is a mixed -use area that consists mostly of residences (condos, homes, and
apartments). While an outdoor amplified music venue could be compatible with Dickson Street, this
business concept is incongruent and does not belong within the development of the resident -heavy Mill
District.
The business is also incompatible because it apparently cannot operate without being in persistent
violation of the City's own noise ordinances. Not only has PSL exceeded the noise decibel levels set forth
in Section 96.04 of the code, but it has also committed repeated violations of Sections 96.01 and
96.02(A) by creating a noise disturbance during any given event.
Under 96.01, a "noise disturbance" is defined as:
"Any sound which:
(1) Endangers or injures the safety or health of humans or animals;
(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3) Endangers or injures personal or real property."
Section 96.02(A) of the municipal code states:
"Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for
any person to make, or continue or cause or permit to made or continued, any noise disturbance."
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 36 of 56
In other words, PSL breaks the law anytime it causes a "noise disturbance" as defined under 96.01 and
96.02, or exceeds the decibel levels set forth in Section 96.04. For over two years, residents and
property owners have provided specific instances where PSL has violated noise ordinances, by annoying
and disturbing property owners, residents, and their pets, and harmed their property. The noise
emanating from PSL can be heard from over 600-feet away in every direction (even as far North as the
houses that are near the library). Property owners have reported that their windows and walls shake
during concert events.
By repeatedly violating the law, PSL consistently creates the textbook example of a nuisance, and by
allowing an outdoor amplified music venue to exist so close to residences, the Planning Commission
actually encourages it. If a business must consistently break the law in order to function at location, then
how can it be compatible in that neighborhood? This is a rhetorical question, and the answer is obvious-
-PSL's business is simply not compatible with the Mill District.
PSL's proximity to the Arts Corridor does not exempt it from complying with the law. Giving PSL a pass,
yet requiring similar businesses (JBGB/Georges) to enclose its facilities demonstrates that the Planning
Commission is willing to arbitrarily enforce its own rules.
Even if PSL is allowed to continue to hold amplified events, it needs constant monitoring. A year ago, PSL
received an extension of its CUP because city planners noted that there had been no documented noise
citations. PSL then received two separate noise citations within a 30-day period in October and
November of 2021. The noise and other police calls have doubled from a year ago.
The lack of documented noise citations does not mean that PSL has always been compliant. Several
variables must be met before the police issue a noise citation. First, an affected resident must call the
police. Property owners and residents that I have spoken with feel uncomfortable doing this, because
they recognize that our police officers have higher priority matters to attend to. By using documented
noise citations as the compliance standard, the planning commission has placed property owners in the
uncomfortable position of needing to bother the police. Otherwise, it is assumed that PSL has done
nothing wrong.
Second, the police must physically visit PSL. This has not always happened in response to calls. There are
call records that reveal that the police department will first contact PSL to request that they reduce the
volume. While this might temporarily resolve a noise violation on a given night, it never results in a
citation.
Third, there must be an officer on duty that evening who is trained to use the decibel reader, and that
particular officer must be the one who investigates the noise complaint. Up until the fall of 2021, there
were few, if any, police officers adequately trained to respond to these calls. In some cases, the
responding officer did not possess the decibel reader or was not adequately trained to operate it. In
other instances, the officer did not realize that measurements from the North boundary could not
exceed 60 decibels.
Last fall, PSL received two violations within a 30-day period --one in October, and one in November. One
reading taken from behind the stage measured at over 90 decibels. At the time of the November
citation, PSL's owner even commented that she knew that their show was going to be loud that
evening.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 37 of 56
The two documented noise citations within such a short period of time, and the owner's
acknowledgement that she was violating the noise ordinances on purpose, should validate all of the
concerns that nearby residents and property owners have had for the past two years. It demonstrates
PSL's owner's clear and willful disregard for the law, and her lack of respect for the rights and concerns
of anyone other than herself. While I can understand that the planning commission would prefer to no
longer review the CUP on an annual basis, unfortunately, this is a problem that was self-inflicted. Like
the bad kid in the classroom, PSL now needs constant monitoring. It has not demonstrated that it can
follow simple rules, and thus, it does not deserve to receive any favors. PSL is not entitled to an
additional minute of amplified music, and the permit should be reviewed, at least annually, if not more
frequently.
Alternatively, the planning commission can recognize what is obvious, which is that this business
concept is incompatible in this district of our city and revoke the CUP altogether.
C. Michael Daily
From: C. Michael Daily <carl.mike@gmail.com>
Sent: Saturday, February 12, 2022 8:08 AM
To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: ADM-2022-000001
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.
To Jessie Masters and the Planning Commission:
Please consider my comments and concerns at the Feb. 14, 2022 meeting of the Planning Commission.
Prairie Street Live's ("PSL") request to the Planning Commission should be denied. First, PSL's business
concept is not compatible with the surrounding area. The lower area of the Mill District is not the
entertainment district. It is a mixed -use area that consists mostly of residences (condos, homes, and
apartments). While an outdoor amplified music venue could be compatible with Dickson Street, this
business concept is incongruent and does not belong within the development of the resident -heavy Mill
District.
The business is also incompatible because it apparently cannot operate without being in persistent
violation of the City's own noise ordinances. Not only has PSL exceeded the noise decibel levels set forth
in Section 96.04 of the code, but it has also committed repeated violations of Sections 96.01 and
96.02(A) by creating a noise disturbance during any given event.
Under 96.01, a "noise disturbance" is defined as:
"Any sound which:
(1) Endangers or injures the safety or health of humans or animals;
(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3) Endangers or injures personal or real property."
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 38 of 56
Section 96.02(A) of the municipal code states:
"Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for
any person to make, or continue or cause or permit to made or continued, any noise disturbance."
In other words, PSL breaks the law anytime it causes a "noise disturbance" as defined under 96.01 and
96.02, or exceeds the decibel levels set forth in Section 96.04. For over two years, residents and
property owners have provided specific instances where PSL has violated noise ordinances, by annoying
and disturbing property owners, residents, and their pets, and harmed their property. The noise
emanating from PSL can be heard from over 600-feet away in every direction (even as far North as the
houses that are near the library). Property owners have reported that their windows and walls shake
during concert events.
By repeatedly violating the law, PSL consistently creates the textbook example of a nuisance, and by
allowing an outdoor amplified music venue to exist so close to residences, the Planning Commission
actually encourages it. If a business must consistently break the law in order to function at location, then
how can it be compatible in that neighborhood? This is a rhetorical question, and the answer is obvious-
-PSL's business is simply not compatible with the Mill District.
PSL's proximity to the Arts Corridor does not exempt it from complying with the law. Giving PSL a pass,
yet requiring similar businesses (JBGB/Georges) to enclose its facilities demonstrates that the Planning
Commission is willing to arbitrarily enforce its own rules.
Even if PSL is allowed to continue to hold amplified events, it needs constant monitoring. A year ago, PSL
received an extension of its CUP because city planners noted that there had been no documented noise
citations. PSL then received two separate noise citations within a 30-day period in October and
November of 2021. The noise and other police calls have doubled from a year ago.
The lack of documented noise citations does not mean that PSL has always been compliant. Several
variables must be met before the police issue a noise citation. First, an affected resident must call the
police. Property owners and residents that I have spoken with feel uncomfortable doing this, because
they recognize that our police officers have higher priority matters to attend to. By using documented
noise citations as the compliance standard, the planning commission has placed property owners in the
uncomfortable position of needing to bother the police. Otherwise, it is assumed that PSL has done
nothing wrong.
Second, the police must physically visit PSL. This has not always happened in response to calls. There are
call records that reveal that the police department will first contact PSL to request that they reduce the
volume. While this might temporarily resolve a noise violation on a given night, it never results in a
citation.
Third, there must be an officer on duty that evening who is trained to use the decibel reader, and that
particular officer must be the one who investigates the noise complaint. Up until the fall of 2021, there
were few, if any, police officers adequately trained to respond to these calls. In some cases, the
responding officer did not possess the decibel reader or was not adequately trained to operate it. In
other instances, the officer did not realize that measurements from the North boundary could not
exceed 60 decibels.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 39 of 56
Last fall, PSL received two violations within a 30-day period --one in October, and one in November. One
reading taken from behind the stage measured at over 90 decibels. At the time of the November
citation, PSL's owner even commented that she knew that their show was going to be loud that
evening.
The two documented noise citations within such a short period of time, and the owner's
acknowledgement that she was violating the noise ordinances on purpose, should validate all of the
concerns that nearby residents and property owners have had for the past two years. It demonstrates
PSL's owner's clear and willful disregard for the law, and her lack of respect for the rights and concerns
of anyone other than herself. While I can understand that the planning commission would prefer to no
longer review the CUP on an annual basis, unfortunately, this is a problem that was self-inflicted. Like
the bad kid in the classroom, PSL now needs constant monitoring. It has not demonstrated that it can
follow simple rules, and thus, it does not deserve to receive any favors. PSL is not entitled to an
additional minute of amplified music, and the permit should be reviewed, at least annually, if not more
frequently.
Alternatively, the planning commission can recognize what is obvious, which is that this business
concept is incompatible in this district of our city and revoke the CUP altogether.
C. Michael Daily
From: Chadwick Platt [mailto:outlook 100155C71B49710C@outlook.com
Sent: Friday, February 11, 2022 1:52 PM
To: Planning Shared <planning@favetteville-ar.gov>
Cc: prairiestreetlive@gmail.com
Subject: Prairie Street Live
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.
To the esteemed members of the Fayetteville Planning commission:
I would like to offer my comments in support of the amendments proposed for Prairie Street Live. I have
known the owners of this establishment for many years and I am very proud of and impressed by the
entertainment venue that they have created on Prairie Street in Fayetteville. April Lee has taken a
historic railroad sight and turned into an entertainment and event venue that is both family friendly and
cutting edge.
1) During Covid, it was a haven for people who craved live music and kinship with their friends, but
were concerned about crowds. They had drawn squares on the grass lawn so that people could
create their own "pods" and space out quite a bit in the fresh air. I also love the fact that they
have fun games for customers to play with their friends such as Cornhole and Connect 4, a full
bar, and a great pavilion with nice furniture, big screen tv's for sports, outdoor movies, etc.
2) They have continually sought out diversity in their music choices, guest DA, etc.
3) They have hosted many lovely weddings, fundraisers and other private events
4) They have always done their best to respect their neighbors
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 40 of 56
Moreover, the area is destined to become an entertainment district given the pub next door, the
Airstream Air BnB next door, the restaurants and all of the cool funky housing in the neighborhood. The
addition of the Fay Jones Park will increase foot traffic and tourism in the area as well. In my opinion,
the good folks at Prairie Street Live have been very patient and cooperative, given all the restrictions
that have been placed on their business thus far.
Sincerely,
Chaddie Kumpe Platt
Owner, Dog Party USA
Sent from Mail for Windows
From: ciavash zaifi [mailto:ciavashzaifi@vahoo.com]
Sent: Sunday, February 13, 2022 9:58 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: We need 3 nights of music at prairie street
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.
Greetings!
Please allow music to 10pm Thursdays and to 11pm Saturday and Sundays at Prairie St. Live. We the
people need it!
Best regards,
Ciavash Zaifi
From: dsewe1183@gmail.com [mailto:dsewe1183@gmail.com]
Sent: Thursday, February 17, 2022 9:05 AM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Praire St Live
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.
Hey y'all,
I support Praire St Live and I hope you let them do more nights a week and move the time to 11pm.
Praire St Live means so much to me and the hip hop and R&B community in NWA. We had our annual
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 41 of 56
Arkansas Summer Jam event and two other events there last year and they were wonderful. Praire st
live is a fun family friendly environment that only adds to our great community.
Darren T. Sewell aka DJ D. Sewell
Kiss 105.3 Program Director
From: Jason Gill <jason.s.gi1172@gmail.com>
Sent: Friday, February 11, 2022 8:27 AM
To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Prairie Street Live (ADM-2022-000001)
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.
Hello,
My name is Jason Gill and I live at 221 W. South St. in Fayetteville. I have lived at this address for almost
20 years now and I have seen many changes to this neighborhood and our city during that time. The
number of new restaurants, breweries, and entertainment venues that have opened within walking
distance of my house has been incredible. My family feels very fortunate to have such opportunities
literally at our doorstep.
We are also fortunate to have made very strong connections with our neighbors and we have built some
very deep and enduring friendships with the people that live nearby. Many are like family. It has been
said that good fences make good neighbors, but really what makes a good neighbor is a shared sense of
responsibility, mutual consideration and respect. We feel very fortunate to have such good neighbors
around us and we try to act in such a manner that they feel the same about us.
This brings us to the reason I am writing to you today. The Prairie Street Live venue located at 509 W.
Prairie St. is an example of one of the new venues that has opened in the area in the last couple of
years. They offer food, drinks and live music in a great outdoor setting along the Frisco Trail. I feel that
they have done a really good job transforming their property into a nice business which really adds to
the dining and entertainment options for the surrounding neighborhood and beyond.
The only issues that I have with the venue are with the volume level of the amplified music at night and
the hours that the amplified music plays on a weeknight. I live roughly a quarter mile from the venue
but can easily hear the music on some nights while sitting in my house with all the windows and doors
closed and the television on. I have thought of calling the police non emergency number on a number of
occasions to complain. It's frustrating to not be able to have peace inside my home and I can only
imagine what it must be like for people who live closer to the venue.
To clarify, we understand that living in the center of town is going to result in a fair amount of noise. It's
not like we just moved in next to George's on Dickson and then started complaining about the music
volume. We live within the "Golden Triangle" of the police station, fire station and the Central EMS
ambulance station. We are used to frequent sirens and the traffic noise from Archibald Yell. This fact
does not absolve anyone in the area from their responsibilities when it comes to abiding by the local
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 42 of 56
noise ordinances or their duties as good neighbors when it comes to considering the people that live
around them.
When an ordinance is put in place that limits the decibel level of a venue then the city should also have
the capability to determine if their ordinance is being followed or not. This is not a subjective matter.
There are scientific methods to determine what is "too loud", just as there are scientific methods to
determine if a motorist is driving "too fast". Leaving it up to neighbors to determine whether a business
is compliant with city ordinances puts an unfair responsibility on them. These ordinances are in place
for a reason. Let's enforce them.
Until it has been found that the venue is abiding by the decibel limits that they have agreed to work
within, I feel like it is premature to expand the number of days or hours allowed in the current permit.
Thank you,
Jason Gill
221 W. South St.
Fayetteville, AR 72701
479.466.9074
From: Kappa Alpha Social Chair [mailto:kaaosocial@gmail.com]
Sent: Thursday, February 10, 2022 12:11 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Prairie Street Live
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.
To whom it may concern,
My name is John Fischbach and I am one of the social chairs for Kappa Alpha Order at the University
of Arkansas located at 340 N Arkansas Ave. I am writing to you today to show my support for April and
the amendments she has proposed. The City of Fayetteville has long prided itself on its amazing culture,
which nightlife and live music play a large role in.
April and Prairie Street Live have done an amazing job providing to our great city's unique culture,
but often find themselves limited because of these small technicalities that she has asked to have
changed. When reviewing her proposal keep in mind that you could be letting April help grow our
city's culture and lead to its continued success.
Thank You for your time and consideration,
John Fischbach KA
From: Leonard, Kim [mailto:Kim.Leonard@gmr.net]
Sent: Thursday, February 10, 2022 1:54 PM
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 43 of 56
To: Planning Shared <planning@favetteville-ar.gov>
Cc: prairiestreetlive@gmail.com
Subject: support for Prairie Street Live Amendments
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.
Fayetteville Planning Commission,
I am writing you in behalf of Prairie Street Live. I am a first responder, and a RN. It has been a difficult
past 2 years during the pandemic. Speaking from my perspective as a healthcare provider the increase
of morale, PTSD, and suicide is at an extreme high. What helps is music, laughter, and the culture that
PSL venue has had to offer. It allows us to forget all the deaths, long hours worked, and most of all the
need for healing. Fayetteville is my home, and we need to have a place that is an outside venue with
music. PSL not only provides music but fellowship within our community. Its an opportunity for
networking and meeting new families and sharing experiences of what is happening in our world. PSL is
a safe place of freedom of diversity and culture. We all work different days and shifts by allowing PSL to
continue music until 10:00 on Thursday is a huge value. One hour extra on Thursday nights, and 3
nights a week will make an impact as mentioned for the above reasons. Please amend the annual
committee review of conditional use permit to extend the CUP indefinitely. Due this for our community,
fellowship, and most of all your healthcare providers who take care of our citizens on a daily. Thank you
for your time.
Kim Leonard R.N.,NREMT-P
Regional Manager of Clinical Practices- South
417.274.7497 1 www.globalmedicalresponse.com
Extraordinary stories. Extraordinary people. I www.atamomentsnotice.com
The information contained in this e-mail and any accompanying documents is intended for the sole use
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As a member of the Center for Patient Safety's PSO, GMR is pleased to participate in programs that
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process to be confidential, privileged patient safety work product.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 44 of 56
From: Korey McKelvy [ma iIto: koreymckelvy@gmail.com]
Sent: Monday, February 14, 2022 2:12 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Prairie Street Live Support
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.
To Whom it May Concern,
I am reaching out to show support for the Arts Corridor music venue, Prairie Street Live. I know they are
working towards an indefinite permit to have three full nights of music with Thursday nights going until
10:00pm and Friday/Saturday nights going until 11:00pm. This venue has been greatly supportive of our
local community of musicians, as well as family oriented concert -goers, who are able to bring their
children to a quality music venue with plenty of space and safety. I believe any adjustments to the
permit that will give Prairie Street Live the opportunity to be in a better position financially, as well as
offer more music to our community, is absolutely a forward step. Venues like this are very limited in our
area, and they deserve the best chance at success that they can get. Thanks for your consideration.
Kindly,
Korey McKelvy
5809 Ball St, Fayetteville, AR 72704
479-981-4414
From: Leandro Walter[mailto:leandromiguelwalter@gmail.com]
Sent: Thursday, February 10, 2022 12:02 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Cc: Prairiestreetlive@gmail.com
Subject: Support to Prairie Street Live's Request
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.
This email is in support of the request made by Prairie Street Live. As a musician, I can
say that they added a lot of value to the music community and I think they should be
able to have music until 10 pm on Thursdays. Also I wish they will be able to have
musical events at least three times a week, and that their permit can be extended
indefinitely.
Thanks for your time.
Leandro Walter
Drummer/Percussionist
Fayetteville, Arkansas.
+1 (479) 721 - 2052
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 45 of 56
From: Smiley Kent [mailto:smileysbbgl@gmail.com]
Sent: Thursday, February 10, 2022 3:53 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Prairie Street Live
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.
I am sending an email in support of Prairie Street Live. Downtown Fayetteville needs a true outdoor
venue with live music and a place for venues outdoors, they provide that. The community loves to go to
PSL and visit with friends and family. They need a later live music time on Thursday. They should be able
to play live music more than three days a week. It an essential venue for NWA.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 46 of 56
To the City Planning Commission regarding AND 2022-000001 Prairie Street Live's CUP Application
Dear Commissioners, Feb. 23, 2022
In your decision whether or not to recommend the applicant's request for extended hours and days and
making her Conditional Use Permit indefinite, it becomes necessary to separate the real issues from the
deflections and distractions.
There's not been a shortage of distractions in this case. In considering whether or not the Planning
Commission should recommend the applicant's requests, there's only one question that needs to be
considered: Is the venue disturbing the peace of the adjoining residential neighborhood by not acting in
compliance with the city's ordinances?
Instead of focusing on this question, these distractions have been clouding the issue. Clearly, Prairie
Street Live (PSL) has violated the city's noise ordinance which was set so as to not have noise
disturbances. While this violation has been documented only twice; this is simply a distortion of the
facts. Those two police citations took place 27 days apart at the end of the venue's activities for the last
season. The first one, Oct. 2021, was for noise more than 15 times louder than the ordinance allows.
The last citation, Nov. 2021, was for noise more than 30 times louder than the ordinance allows.
There are several factors that have limited PSL's violations to two citations. According to the Director of
Planning, Mr. Curth has confirmed that, for the first year of their CUP, the police didn't understand that
the venue had two ordinances to consider. It was assumed that being in a commercial zone their noise
limits were those of a commercial zone. In fact, they are also restricted by the noise ordinance for the
adjacent residential zone. Several times the police stated that they were not breaking the higher
ordinance while they were, in fact, considerably above the ordinance for the residential zone. It was a
misunderstanding that "allowed" the venue to be much louder than the ordinance permits.
While I understand that you have to rely on complaint driven police reports. Because of that, it needs
to be understood, that many people don't know that the police are the only way to document
violations. Also, many people who don't like the noise don't want to make noise themselves. And then
there's the fact that people know that the Police have more important things to attend to and nobody
wants to bother the police for noise disturbances. Even so, police reports indicate that on numerous
occasions, numerous complaints have been received from the adjoining residential neighbors. All this
would indicate that there are more disturbances than even reported. (I, for one, have never called the
police if the decibel levels were not at least 5 times louder than the ordinance, at my house, which is
600 feet away from where the measurement should be taken.)
Then, on more than one occasion, the police dispatcher has replied to a complaint saying that they
doubted that they could send an officer for this because there were other priorities at the time. What's
more, several times, when an officer that did go to the site, he has said that he didn't have a decibel
meter and/or that he didn't know if an officer who was certified to read one was on duty. By their own
admittance, the police didn't understand the ordinance, wasn't able to respond to some complaints and
weren't adequately equipped to see when the noise ordinance was violated. This seems to be a city
problem not caused by the complaints but by flagrant infringements of an ordinance that the city hasn't
been able to regularly enforce. But all those reasons point to why they didn't get more citations. Still,
there were two serious infractions that were documented in a 27 day period.
In the original application of 2019, applicant said and the Commission believed that PSL would be a good
neighbor. They haven't been. But then, at last year's application, the applicant and her employees
asked for more hours, a permanent permit and complained about the restrictions on the volume of their
music. I'm not sure who was informed of this at the time, other than the applicant? I wasn't. This
Commission voted to recommend the permit even though the venue admits that they can't control the
noise. The program manager has been quoted as saying, "I don't even amplify the drums" and "I can't
control the noise of the crowds?"
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 47 of 56
Another neighbor, as you know, went to the trouble of an FOIA and received a few of the police
recordings from body and vehicle cams. I've had the "pleasure" to see some of them. If you want to
understand what's going on after complaints from neighboring residents, I suggest you watch them. In
case you don't want to watch them, I'll put a few of the things that can be seen in an appendix to this
letter.(I)
Again, I need to explain how the decibel system works and then put it in terms of infringements of
ordinances. Since the problem is disturbance of residents, the technical explanation could also be
considered a distraction from the problem and, therefore I'll explain that in an appendix below.(II)
There's another distraction and misconception I've heard from at least one Planning Commissioner. This
is in regard to the Ramble or the Cultural Arts Corridor. I'll speak to that in Appendix III.
There's one other thing that I must address that is really not pertinent to this issue and I'll attach that as
the third appendix.(IV)
So, to stay focused, it comes down to two opposing desires; The applicant feels that she is too restricted
by the noise ordinance, is wanting more days and hours and is asking for her permit to be indefinite
versus "nearby" residents that are being disturbed by violations of the noise ordinance and have
tolerated these infringements for two years already . All other issues seem to be distractions.
I personally support musicians and the arts. To indicate otherwise is a deflection. I am not against
Prairie Street Live and hope they could find a way to succeed without being a disturbance in my house,
in my yard and in my neighborhood. It seems that the commission should be able to find a solution to
these problems so that both sides are satisfied. Giving more permits to the applicant will not do that
and it has already been demonstrated for two years that the problems will persist.
Respectfully,
Ed Levi, Homeowner and Resident
301 S. West Ave, Fayetteville
APPENDIX
(1) I've had the unhappy "privilege" to see just a few of the tapes taken by the Fayetteville Police
Department (PD) on their body and vehicle cams. While quite tedious, I've looked through some of them
and need to share some excerpts with the Planning Council. If you want to see them in full, I'm sure you'll
find more things of interest. I won't bother you with all the times I've been disturbed but I want to show
you that the noise ordinance has been violated more times than the citations indicate.
• On April 25, 2021, during PSL's warm-up they were hitting 83clB as an average and 91dB at their
peak. Admittedly, this was on my meter, but my back deck some 600 ft away from PSL's gate. (I've
had my meter checked against "official OSHA" ones but it is not certified.) They did not get a citation
on that date! Yet, just at their average, at my house, was 23 times louder than the ordinance allows.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 48 of 56
I've asked officers several times to take a measurement with their meters in my back yard but they never
have. (I know that wouldn't mean much if it wasn't above 60 dB but it would be and it'd also verify if my
meter is reading about the same as that of the PD. They'd understand why I'm complaining.) But still,
they're accepting readings from PSL staff on PSL's meter and taken whenever and wherever, as you'll see
from some excerpts below:
• On a video from an officer's body cam on Oct. 16, 2021, when it was over 70 dB at my house on my
meter, an officer went to PSL. He told the "acting manager" that there'd been a complaint from an
apartment across the street. The officer stated that he didn't have a meter and that it took a certified
officer to read one and he didn't know if any were on duty. Then, after finding out that PSL staff had a
meter, he asked them to measure the noise level and he'd try to come by later and see their readings.
The Program Manager replied that he took readings often and that it's usually around 58. (Given my
reading and the distance, it would likely be closer to 85 dB.)
• Shortly later and on the phone with the same officer, but still on tape, I asked him if he heard the "f-
bomb" being amplified. He admitted that he did hear it but that he "couldn't do anything about that
because it falls under Freedom of Speech". Actually, not only is this not "family friendly", it's a criminal
offense. In three cases, the US Supreme Court settled the issue that broadcasting obscene language is a
criminal offense. And yet I hear it coming from PSL over and over inside my house with the doors and
window closed.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 49 of 56
• The following week, Oct. 23, 21, and again on tape, after the Program Manager again said that he checks
often and they stay under the limit. The officer then showed him that it was around 75.8 dB outside
their northern gate. When the petitioner asked if he "was going to give her a ticket," the officer said
that he'd walk away for 5 minutes and then he'd come back to check. Given the chance, April ran to get
the noise down, but when the officer came back it was still 75.6 dB. (At the same time on the PSL
meter, they said they were "getting 56-61" dB.) That time, after a very generous warning, they got a
citation. The Program manager replied that he "can't turn it down,... it's just band without PA." He
went on to say, "this is just a segway into a fight we're going to have with the city. We are in the
Entertainment District but are treated differently than everyone else".
• 27 days later, just prior to the event on Nov. 19, 2019, a representative of the applicant came to my
house saying that the applicant wanted to offer my wife and me dinner out and a night at a hotel. I
asked why and she said that, "it's liable to be loud tonight". They were trying to control complaints
while planning to violate the city noise ordinance.
• Sure enough! I called the PD when it was in the upper 70s at my house and the "f-bomb" was loud and
clear inside with doors and windows shut. Again, and on tape, after the PSL staff still insisted that they
were below the noise ordinance limits, but then admitted their meter was getting readings at 67 — 71dB
where the officer was getting 76. the officer replied by stating that he was there because there'd been
"about 10 complaints" and, as the officer on 2/14 told you that included people saying their windows
were rattling and their children couldn't sleep. The officer then took a measurement, which can be seen
on a body cam tape that they were just west of their property on Gregg St. The meter showed 92.8 dB
and the officer told the manager that it was "about 93" behind the stage. This is the same officer who
told me the broadcasting the F-bomb was protected my the Freedom of Speech.
There are more examples but, in sum, there have been many infractions of the Fayetteville's noise
ordinance coming from PSL. Many more violations than citations!
(II) Decibel measurements do not work like a speedometer. A speedometer indicating 10 mph above a
city ordinance, in a residential zone, of 20mph would mean that you're going 30 mph. (You'd likely
get a warning.) But the decibel system is a 10 base logarithmic system. If speed was measured this
way and you were going 10mph over a 20mph speed limit, you'd be going 10 times faster than the
ordinance or 200 mph! (A complaint driven follow-up wouldn't work because you'd be gone and
the police couldn't catch you anyway.)
So, in noise measurements, if the city ordinance is 60 dB and you're admitting noise at 70 dB it's not
that you're 1/6t" louder. You are actually 10 times the limit of the ordinance. Prairie street live was
sighted more than 30 times over the allowed ordinance! Previously, when the police didn't
understand that they had a lower limit because of adjoining residential neighborhood, they let them
pass at 15 times louder than the ordinance. No wonder there are complaints!
(III) While members of this commission has said that PSL is part of the Ramble or at least just across the
street from it, and that venues like theirs was planned for. This is just not the case and is basically a
misunderstanding and another distraction of the question at hand. Because I wanted to be
supportive and involved, I attended every public forum and participated in every opportunity for
input for the Cultural Arts Corridor(CAC). Over and over I heard and read about the plans for the
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 50 of 56
CAC. For one thing, except for the little ribbon of the Greenway, the Ramble does not even extend
to Prairie Street. The southern limit of the Corridor on West Ave. stops at South St and the Fay
Jones Woodland. The road and sidewalk improvement on West Ave and south of South St. are paid
for by an entirely different budget item.
Furthermore, in all the discussions, there were no mentions of any permanent music venues,
outdoors or enclosed. That wasn't ever mentioned nor was it voted upon when the bond issue
came up. What was discussed was periodic, pop-up art, pop-up acoustical music, poetry and story
telling. And although those things were mentioned to be along the trail in the area of the woodland,
it was mostly directed to be in the plaza between Dickson and Spring Streets. Further south has
never been called the entertainment district. South of Spring St. and especially south of Center is the
Ramble is mostly connecting the Greenway to the Urban Forest and the library. It is not what
people voted on for the CAC or what the money was spent on. Discussing that and future
developments of what may happen across MLK is irrelevant in this issue.
(IV) At the 2/14 meeting one of the commissioners, after hearing that Prairie Street Live was, in fact,
cited for infractions of the city noise ordinance, clearly inferred that, if people didn't like it, they
might just have to move. I found this statement to be offensive, unprofessional and inappropriate
for someone representing the city to say. As an aside, I actually know of one residential renter that
actually did move because "her baby couldn't sleep" because of the noise coming from Prairie Street
Live. That's Oust wrong!! Wrong for the renter, the baby and the landlord.
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 51 of 56
DocuSign Envelope ID: D5583BFO-2BBF-46E8-B4B8-9A23C75BOB7E
February 9, 2022
City of Fayetteville
Planning Commission
113 W. Mountain Street
Room 219
Fayetteville, AR 72701
planninakfayetteville-ar.gov
Re: Support for Prairie Street Live's Requested Amendments to CUP
Dear Planning Commission:
I am writing to express support for the amendments Prairie Street Live ("PSL") seeks
to its conditional use permit 19-6721. I am the owner and Chief Executive Officer
of Eclectic Artist, LLC ("EA"). EA is a full service entertainment company
headquartered in Atlanta, Georgia. We are one of the largest college and student
organization concert and event planning companies in the United States of America.
We focus on providing our clients with excellent service by coordinating all aspects
of an event or concert including securing an appropriate venue, musical talent,
transportation, food, beverage, and security.
PSL is one of our preferred vendors in Fayetteville, Arkansas when we plan and
produce events for our client - student organizations affiliated with the University of
Arkansas. In all of our interactions with PSL, we have found the Company and its
employees to be professional, respectful, collegial, and a great representation of the
town of Fayetteville.
As you know, PSL seeks the following amendments to it conditional use permit: (1)
end time on Thursdays to be extended by one hour to 10:00 p.m.; (2) increasing the
number of amplified music days from two days per week to three days per week. I
believe that both of these amendments will be beneficial to PSL, our clients, and the
City of Fayetteville.
First, as mentioned above, the events that EA plans and produces at PSL are events
for student organizations at the University of Arkansas. A majority of these events
are scheduled for Thursday evenings. A common request EA receives from its
University of Arkansas clients is to secure an event venue where the event can run
from 8 p.m. to 10 p.m. This time period is critical because many students attend
classes in the late afternoon and early evening. In fact, according to the University
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 52 of 56
DocuSign Envelope ID: D5583BFO-2BBF-46E8-B4B8-9A23C75BOB7E
of Arkansas's Spring 2022 schedule, which can be viewed at
https://scheduleofclasses.uark. edu/Main?strm=1223 &eveninjz=y& Search=Search,
over 114 classes take place on Thursday evenings. Allowing PSL to host Thursday
events until 10 p.m. is critical for our ability, and presumably the ability of other
companies, to continue to book our client events at PSL.
Second, increasing PSL's ability to host three amplified music events per week will
increase our ability to meet the increased client demand for concerts and other events
with amplified music. As you can imagine, these students have had to cancel,
reschedule, and sometimes cancel again numerous events over the past two years.
They are eager to move forward with their events and finally connect in -person with
their friends and classmates.
Finally, the proposed amendments will allow PSL and the related Fayetteville
businesses that benefit from the events hosted at PSL to increase their revenue and
increase the City's tax revenue. In my view, everyone wins.
If you have any questions, please contact me. Thank you for your consideration.
Sincerely,
Brandon Denson
Owner and CEO
Eclectic Artists, LLC
bd@eartistsagency.com
UxuBfpned 6y:
893E78CC91EAA45...
Planning Commission
February 28, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 53 of 56
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 54 of 56
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8, 2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 55 of 56
ssion
2022
Agenda Item 4
ADM 22-000001 Prairie St. Live
Page 56 of 56
OFFICE OF THE
CITY ATTORNEY
TO:
DEPARTMENTAL CORRESPONDENCE
Planning Commission
CC: Jessie Masters, Development Review Manager
FROM: Blake Pennington, Assistant City Attorne
DATE: February 25, 2022
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
RE: Factors to Consider for Conditional Use Permits and Application
to Prairie Street Live
Since you are considering the application of Prairie Street Live to amend and
extend its conditional use permit, I wanted to provide some additional information
to the Planning Commission about the conditional use process. The Unified
Development Code has specific requirements that must be met to approve a
conditional use permit request. The UDC gives the Planning Commission the
authority to "grant a conditional use with such conditions and safeguards as are
appropriate under this chapter ... or deny a conditional use when not in harmony
with the purpose and intent of this chapter."
§ 163.02 of the UDC also provides the factors that must be satisfied to grant a
conditional use permit:
"The Planning Commission shall make the following written findings
before a conditional use shall be issued:
(a) That it is empowered under the section of the chapter described in
the application to grant the conditional use;
(b) That the granting of the conditional use will not adversely affect
the public interest; and,
(c) The Planning Commission shall certify:
Requirements for Approval of Conditional Use Permits
(i) Compliance with the specific rules governing individual
conditional uses; and
(ii) That satisfactory provisions and arrangements have been made
concerning the following, where applicable:
a. Ingress to and egress from property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and control
and access in case of fire or catastrophe;
b. Off-street parking and loading areas where required, with
particular attention to ingress and egress, economic, noise,
glare, or odor effects of the special exception on adjoining
properties and properties generally in the district;
c. Refuse and service areas, with particular reference to ingress
and egress, and off-street parking and loading;
d. Utilities, with reference to locations, availability, and
compatibility;
e. Screening and buffering with reference to type, dimensions,
and character;
f. Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect, and compatibility
and harmony with properties in the district;
g. Required setbacks and other open space;
h. General compatibility with adjacent properties and other
property in the district; and
i. General compatibility with the goals and intent of the city's
adopted land -use, transportation, and other strategic plans.
Some of the factors under subsection (c)(ii) establish minimum, relatively
objective standards that must be met but also contain some subjective elements that
could factor into the broader findings of general compatibility and whether the use
might negatively affect the public interest.
Public Interest
Subsection (b) requires you to find that "the granting of the conditional use will not
adversely affect the public interest." Black's Law Dictionary defines public interest
as "1. The general welfare of the public that warrants recognition and protection. 2.
Something in which the public as a whole has a state; esp., an interest that justifies
governmental regulation."
Requirements for Approval of Conditional Use Permits
1. The Cultural Arts District
On September 4, 2006, the City Council passed Resolution 160-07 designating the
boundaries of the Cultural Arts District. The District includes the Mill District and
the areas surrounding Prairie Street Live, although the Cultural Arts Corridor
boundary ends just north of Prairie Street Live.
In the staff memo that accompanied the resolution, staff cited a portion of the
Downtown Master Plan developed by consultant Dover Kohl that was adopted by
the City in 2004:
A Cultural Arts District is directly related to the sixth principle, "an
experience economy." Dover Kohl recommended the creation of a
Cultural Arts District to "be an affirmation of the City's commitment
to keep Downtown a center for creativity, innovation, and fun. The
City, business organizations and cultural institutions should also
promote the overlay district in tourist brochures and regional media,
and recruit businesses that will enhance the scene to locate here.
Having a live music venue like Prairie Street Live adds to the Cultural Arts District
and appears to accomplish a goal adopted by the City Council.
However, in subsection (D) of § 163.10 of the UDC, which contains provisions
specific to outdoor music establishments, the City Council has identified portions
of the District in which it encourages outdoor music venues.
Fayetteville Entertainment District. The City Council's policy is to
encourage outdoor music establishments along Dickson Street from
Block Avenue to Arkansas Avenue and on West Avenue from Spring
Street to Lafayette Street as long as such establishments are
reasonably compatible with adjoining neighborhoods.
While this policy does not preclude the approval of outdoor music venues in other
parts of town, it should be a consideration when a conditional use permit request is
submitted by such an establishment.
3
Requirements for Approval of Conditional Use Permits
2. The Downtown Master Plan
In addition to the principle that primarily led to the creation of the Cultural Arts
District, the Downtown Master Plan contains an additional five principles adopted
by the City Council. Those are to:
• Create and showcase a walkable environment
• Get more people living downtown
• Create smart parking -- sustainable and efficient parking that enhances sense
of place
• Develop smart rules that outperform current zoning and attract desirable
development
• Create a series of interconnected special places
Prairie Street Live's location on the Razorback Greenway contributes to a walkable
environment and adds to the interconnectedness of arts institutions in downtown
Fayetteville. With proper safeguards, it could also draw people interested in live
music to live in the area. Without proper safeguards, it could deter people from
living nearby.
3. Com�aliance with City Ordinances
The public interest certainly includes an expectation that individuals and
businesses will comply with the City's ordinances, including Chapter 96 Noise
Control of the Fayetteville City Code. The City Code has contained limitations on
noise for decades and has been amended over time to address different issues as
they have arisen, including the adoption of decibel limits based on land use
categories in § 96.04.
Based on the staff memo, Prairie Street Live has been cited by the Fayetteville
Police Department for violations of the City's noise ordinance. I do not know the
outcome of those citations and it is possible there has been no finding of guilt by
the Court. Violations of the noise ordinance should absolutely be part of the
discussion when considering a conditional use permit request by an outdoor music
establishment.
Requirements for Approval of Conditional Use Permits
4. General Compatibility with the Cit 's Long Range Plans
§ 163.02(C)(3)(c)(i) requires the Planning Commission to make a finding of
general compatibility with the goals and intents of the city's adopted land -use,
transportation, and other strategic plans. This factor was adopted by the City
Council when it passed Ordinance 6397 on December 15, 2020. The ordinance
states that a reason for adopting the factor was "to allow the Planning Commission
to ensure development of certain uses is safe, compatible, and appropriate pursuant
to the stated goals of the City Plan 2040 and the City's other adopted strategic
plans."
Specific Rules for Outdoor Music Establishments
§ 163.02(C)(i) requires compliance with the specific rules governing individual
conditional uses. Relevant here, § 163.10 of the Conditional Use chapter contains
specific provisions for Outdoor Music Establishments beyond the general
requirements for conditional use permits including:
(B) Planning Commission Review. In addition to all normal
considerations for a conditional use, the Planning Commission may
require noise reducing measures and structures be incorporated into an
outdoor music area, may limit the size, power, number and direction
of speakers, and may limit the hours of outdoor music generation from
the establishment.
(C) Fayetteville Noise Ordinance Violation. If the establishment or
any band or any person operating at such establishment is convicted
of violating the Fayetteville noise ordinance (§96.06 of the Code of
Fayetteville), such violation may constitute grounds for revocation of
this conditional use to operate an outdoor music establishment.
General CompatibilityCompatibili1y with Adjacent Properties
To approve the proposed conditional use, § 163.02(C)(ii)(h) requires the Planning
Commission to find "general compatibility with adjacent properties and other
property in the district."
General compatibility with adjacent properties and other property in the district
requires a look from the perspective of the applicant's neighbors. In Benton
6�
Requirements for Approval of Conditional Use Permits
CoupStone Inc. v. Benton County Planning Bd., 374 Ark. 519 (2008), the
Arkansas Supreme Court discussed the meaning of compatibility:
The word "compatible" has a plain and ordinary meaning. The Oxford
English Dictionary defines the word as meaning [m]utually tolerant;
capable of being admitted together, or of existing together in the same
subject; accordant, consistent, congruous, agreeable." See Oxford
English Dictionary (2d ed. 1989). Likewise, according to the
American Heritage College Dictionary, "compatible" means
""[c]apable of existing or performing in harmonious, agreeable, or
congenial combination." See American Heritage College Dictionary
284 (3d ed. 1997).
In a memo from City Attorney Kit Williams to the Planning Commission in 2016,
he explained:
Substantial evidence of compatibility or the lack of compatibility is
found in the reasonable concerns and opinions of neighbors. A primary
and fundamental purpose of zoning regulations is to protect the interests
of neighboring parcel owners from uses that would be unreasonably
disruptive and incompatible with their neighborhood. That does not
give neighbors a veto power over any new development, but their
concerns should be carefully considered and weighed along with the
property owner's right to make fair and reasonable use of property.
The Planning Commission must take into account the concerns of neighbors and
ensure that a use is not unreasonably disruptive and incompatible with the
neighborhood. Unfortunately, the suggestion that residents unhappy with the
proposed use will just have to move is possibly a sign that the proposed use is or
has been unreasonably disruptive and incompatible.
Conditions and Safeguards
One of the most important tools the Planning Commission has is the ability to
prescribe appropriate conditions and safeguards along with the permit. If you
believe Prairie Street Live's permit should be extended, I encourage you to
continue exploring potential conditions to ensure it operates with the least possible
disruption to neighbors. While the days and hours of operation are already limited,
the UDC suggests that you should also consider noise reducing measures as well as
limits to the size, power, number and direction of speakers.
6
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
City Clerk Kara Paxton
CC: Susan Norton, Chief of Staff
Paul Becker, Chief Financial Officer
Chris Brown, Public Works Director
Terry Gulley, Asst. Public Works Director
Jonathan Curth, Development Services Director
Steven Dotson, Internal Auditor
FROM: Kit Williams, City Attorney
DATE: May 2, 2022
RE: Mayor recuperating at home and performing essential duties
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorrey
Jodi Batker
Paralegal
Mayor Jordan is currently recuperating at home, but is fully capable and
performing the essential duties of his office. One such duty was to clarify how
and when his approval through use of his signature stamp could be exercised.
Ordinances, Resolutions, Contracts and other documents approved by the City
Council may have the Mayor's signature stamp applied upon the unanimous
agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A
similar procedure was used during a rare week or longer vacation for the Mayor
years ago where cell phone service at his vacation spot was not always reliable.
An initial draft of his authority for use of his signature stamp was signed
by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just
signed an updated and more specific and complete authorization detailing what
the City Staff should do during this period when staff may speak with him for
any necessary decisions or instructions, but when City Staff is authorized to
perform housekeeping, ministerial, and uncontroversial actions on the Mayor's
behalf. This replacement authority dated today is also attached and supersedes
the April 29th authorization.
Mayor Jordan has also designated his Chief of Staff to handle most of his
normal meetings duties until his full time return to the office. The Vice Mayor
shall conduct all City Council meetings and Agenda sessions as the Mayor
recuperates. If any document proposed for the Mayor's signature has any
questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision
before his signature stamp is used or withheld.
Mayor Jordan remains able to perform his necessary official duties
although much of the noncontroversial, house -keeping measures will be handled
by his Chief of Staff and necessary signatures by use of his signature stamp so
the Mayor can get more needed rest. In the unlikely event that Mayor Jordan
would be deemed by a Circuit Court as being "unable to perform the duties of
office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan
Norton to Perform the Duties of the Office of Mayor If and When Necessary.
A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals
may perform all functions of a mayor during the disability or absence of the
mayor:
(C) An unelected employee or resident of the city if designated by the
mayor and approved by the City Council."
If the City Council does not approve the Mayor's designation of Chief of
Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who
as an "elected official of the city" does not need approval of the City Council.
(A.C.A. §14-43-501 (b)(3)(B).
2
OFFICE OF THE MAYOR
April 29, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following
approval procedures to be used during any period I am absent from the City, under the
following conditions:
• Until I return to regular office hours Chief of Staff, Susan Norton will have the final
approval necessary for Legistar items
My signature stamp may be used for all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous
agreement of the following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by
the Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the
Legistar process
Lioneld Jordan,
Date Signed
Witness
City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
May 2, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated
approval and signatory procedures to be used during any week or longer period of time if I need some of
my more signatory and ministerial and/or in -person meeting duties performed for me until I return to
full-time status:
■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items
• My signature stamp may be used to approve all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the
following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the
Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the Legistar
process
■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or
attend (except City Council meetings and Agenda Sessions). Other staff who are already
ejnpowered to represent me in regional boards or commissions may continue to represent me
iii those boarasland commissions
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Lioneld Jordan,
Date Signed
Witness
City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If
And When Necessary
I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office
while I recuperate in the hospital or at home. I have established proper procedural guidelines
so that my signature stamp may be used instead of my written signature on documents
approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and
Acceptances, and Deeds.
If I become temporarily unable to perform the duties of the Office of Mayor, I hereby
designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume
the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties
myself.
If the City Council fails to approve my designation of Chief of Staff Susan Norton to
perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A.
§14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the
duties and functions of Mayor of Fayetteville.
s - a -
Date LIONELD J❑
Mayor
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Witness
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov