TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning & Zoning Manager
Craig M. Harmon, CZO - Senior Planner
DATE: May 22, 2023
RE:
Title
SUP23-03 Special Use Permit (SUP) to allow the reduction in separation standards between a bar and a church, school or daycare for property located at 127 Hay St (REID# 0437640039000) and owned by APPLIANCE & INVESTMENT CO., applicant Lawrence Bryant, Electric Jungle LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City Investment in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
Evidentiary Hearing:
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
Bars and Cocktail Lounges are allowed by right in the Downtown (DT) zoning district; however, a distance of 500 feet is required from such uses as educational facilities, religious institutions, and daycare centers. This is a request for a Special Use Permit to allow a bar to reduce the required 500-foot distance separation to approximately 100 feet. The lot is located in the 100 block of Hay Street.
Bars and Cocktail Lounges are defined as establishments having as its principal or predominant use the serving of beer, wine, or liquor for consumption on the premises, and which sets a minimum age requirement for entrance, consistent with state law. The primary source of revenue for such use is derived from alcohol sales, and the secondary source from the serving of food.
Background:
Owner: Appliance & Investment Co.
Applicant: Lawrence Bryant, Electric Jungle LLC
Contractor: Troy Wendell, South Eastern General Contracting, Inc.
Requested Action: SUP
Properties Addresses: 127 Hay Street
Council District: 2 - Shakeyla Ingram
Status of Property: Developed
Size: Approximately 0.1 acres
Adjoining Land Use & Zoning:
• North: DT-1 - Commercial
• South: DT-1 - Commercial
• West: DT-1 - Commercial
• East: DT-1 - Commercial
Letters Mailed: 178
Land Use Plan: Downtown - (DTMXU)
Additional Reviews:
A Technical Review Committee (TRC) examination was conducted as part of the Special Use Permit process. However, this use is allowed in the zoning district so a complete review of the project will be conducted as part of the Development Review process to ensure the development meets all development standards for the use.
In general development comments were received, but no specific comments were addressed at this time.
Issues/Analysis:
History:
In 2016, the City Council amended the City Code as follows to allow a reduction in the 500-foot separation requirements for bars in the Downtown 1 (DT-1) zoning district:
Article 30-4: Use Standards
30-4.C. Use-Specific Standards
Use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved. This section is intended to identify the use-specific standards for all principal uses identified in Table 30-4.A, Use Table, as subject to "additional requirements." These standards may be modified by other applicable requirements in this Ordinance.
These standards are not subject to a variance request. However, the separation standards may be reduced in the DT-1 Zoning District upon approval of a special use permit finding that the reduction in the separation standard does not increase negative impacts on surrounding uses and that there are specific characteristics that help minimize any negative impacts, such as natural or man-made features that create visual or physical separation between the uses. As a reminder, the Planning Commission is currently reviewing this section of the UDO to see if any amendments to these separation standards are appropriate.
Consistent with standards of the Unified Development Ordinance (UDO), conditions may be attached to the Special Use Permit to further minimize or prevent negative impacts, including limitations on hours of operation, maximum size, or range of activities.
The UDO allows bars, nightclubs and cocktail lounges to request a reduction in the required 500-foot separation in the DT-1 District from such uses as educational facilities, religious institutions and daycare centers through the SUP process. The owners of 127 Hay Street have applied for a SUP for this type of reduction.
The subject property is within 500 feet of at least two properties that would restrict its placement there.
1. 100 feet from the Capital Encore Academy
2. 414 feet from First Baptist Church of Fayetteville
3. 370 feet from Agnus Dei Lutheran Orthodox Church
4. 256 feet from Gospel Fire Holiness Church
5. 295 feet from Marked Church
The buildings requiring a separation were identified by the applicant and some may not currently contain a religious institution.
Surrounding Area:
This site is located on the south side of the 100 block of Hay Street in downtown Fayetteville. This portion of Hay Street is completely commercialized. Across Hay Street are businesses such as Gaston Brewing Company, Capital Encore Academy, and City Center Gallery and Books. To the east and west are a mix of mostly commercial retail and office uses. To the south of this site is additional commercial and office buildings along Franklin Street.
Special Use Permit Request:
A bar is requesting a Special Use Permit to reduce the 500-feet distance separation between educational facilities, religious institutions, and daycare centers to approximately 100 feet. The site is currently zoned as Downtown 1 (DT-1) and has been a mix of many different business types over the years.
According to the application, Electric Jungle LLC plans to operate a karaoke bar with private-themed rooms of varying capacity. The business will offer alcoholic and non-alcoholic beverages and casual food consisting of appetizers and small entrees, according to the application.
The applicants intend for the location to be open four days a week. They would maintain the hours of Thursday, and Sunday: 5:00 pm - 12 am and Friday, and Saturday: 5:00 pm - 2 am. The business will employ roughly 17 individuals. The business will be able to accommodate approximately 90 to 120 customers.
Bars are allowed by right in the Downtown 1 (DT-1) zoning district. This Special Use Permit is not to allow the use but to reduce the required distance separation. Section 30-4.C of the Unified Development Ordinance states that “separation standards may be reduced upon approval of a Special Use Permit finding that the reduction in the separation standard does not increase negative, such as natural or man-made features that create visual or physical separation between the uses.”
The 2040 Land Use Plan and Map identifies this site as being suitable for Downtown (DTMXU). Downtown is defined as intense commercial, retail, service. Many 5+ story buildings (esp. in core). Dense residential uses, stacked vertically and urban neighborhoods on edges.
The SUP must meet the following findings of facts:
(1) The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
Currently, the Unified Development Ordinance identifies the standards below for Bars, nightclubs, and similar establishments:
30-4.C.4.i. Retail Sales and Services
Bars, Nightclubs, and Similar Establishments shall comply with the following standards:
Bars, nightclubs, and similar establishments shall be located at least 500 feet from any childcare center, religious institution, or educational facility. (Applicant requests a reduction to approximately 100 feet)
(2) The special use will be in harmony with the area in which it is located;
The application states that the karaoke bar is in harmony with the character and uses permitted in the downtown zoning district. Since it will be located in a building zoned for commercial or entertainment purposes. The building will have a design that is consistent with the surrounding buildings and will manage noise and vibration levels. It will have hours of operation that are consistent with other businesses in the area and will have parking and loading areas that meet the DT-1 district. The business will also provide a safe and accessible pedestrian access way and will contribute positively to the local economy.
(3) The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
The applicant attest that there will be no adverse impact on surrounding lands.
Service Delivery: The karaoke bar will manage service delivery by scheduling events and limiting the number of patrons to avoid overcrowding. They will also ensure sufficient staff to manage the crowds and they will be trained to handle any disturbances that may arise.
Parking and Loading: The karaoke bar will plan for sufficient parking spaces as required by the UDO. Additionally, the bar will ensure that all loading and unloading of supplies are done at times that do not cause disruptions to the surrounding area.
Odors: The karaoke bar will manage odors by ensuring proper ventilation and waste management practices. They will use odor-neutralizing products or air fresheners to maintain a pleasant environment.
Noise: The karaoke bar will manage noise levels by installing soundproofing materials or equipment, limiting the use of microphones and speakers, and enforcing a reasonable noise policy. They will also limit the operating hours or schedule events at times that are less likely to cause disturbances.
Glare: The karaoke bar can manage glare by properly aiming and shielding lighting fixtures to minimize light spillage. They will also use curtains or blinds to reduce light emissions.
Vibration: The karaoke bar will manage vibration by ensuring that equipment is properly maintained and installed and that speakers are positioned away from shared walls or floors with neighboring properties.
(4) The special use is in general conformity with the City's adopted land use plans and policies;
This property is within the Downtown - (DTMXU) Future Land Use Category. The DTMXU calls for Intense commercial, retail, and service uses. Many 5+ story buildings (especially in the core). Dense residential uses, stacked vertically and urban neighborhoods along the edges of this use category.
(5) The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
The applicant states that the surrounding area is already fully developed and the special use will not adversely affect property values. The Karaoke bar will protect property values and the ability of neighboring lands to develop the uses permitted in the zoning district by complying with zoning regulations, implementing sound and lighting management measures, maintaining appearance standards, engaging with the community, and complying with all applicable regulations.
(6) The special use complies with all other relevant City, State, and Federal laws and regulations.
The applicant will be required to meet all applicable laws and regulations.
Budget Impact:
This action should result in no increase in City services.
Options:
(1) City Council moves to approve the Special Use Permit (SUP) as presented based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
(2) City Council moves to approve the Special Use Permit (SUP) as presented with conditions, based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
(3) City Council moves to deny the Special Use Permit (SUP) based on the evidence submitted and finds that the Special Use Permit (SUP) fails to meet the six (6) findings of fact.
Recommended Action:
OPTION 1
I move to APPROVE the request to reduce the separation standard though the Special Use Permit (SUP) process to allow a bar to operate at 127 Hay Street, subject to all conditions identified in and conforming to the current Unified Development Ordinance standards as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: (1) the development is located in a Downtown 1 (DT-1) zoning district and (2) that this use complies with the findings listed and (3) the proposed permit is in the public interest because, even with a reduction in the typical use separation of at least 500 feet from any childcare center, religious institution, or educational facility to 100 feet, the proposed use fits with the character of the area.
[Applicable to Motion to Approve] If approved, this Special Use Permit for the reduced separation of the new use from shall become effective upon the approval of its Order of Findings by the City Council. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all six findings below must be met in reducing the separation standard of at least 500 feet from any childcare center, religious institution, or educational facility to approximately 100 feet:
(1) The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
(2) The special use will be in harmony with the area in which it is located;
(3) The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
(4) The special use is in general conformity with the City's adopted land use plans and policies;
(5) The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and
(6) The special use complies with all other relevant City, State, and Federal laws and regulations.
-OR -
OPTION 2
I move to DENY the request to reduce the separation standard though the Special Use Permit (SUP) process to allow a bar to operate at 127 Hay Street (which is less than the standard of at least 500 feet from daycares, churches, or schools), as presented by applicant, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet the finding(s) of fact listed below. More specifically finding(s) #_____.]
[Applicable to Motion to Deny] If denied this action shall become effective upon the approval of its Order of Findings by the City Council.]
* For a motion to deny only one of the findings shown below needs to not apply.
1. With a reduction in the separation standard, the special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. With a reduction in the separation standard, the special use will be in harmony with the area in which it is located;
3. With a reduction in the separation standard, the special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. With a reduction in the separation standard, the special use is in general conformity with the City's adopted land use plans and policies;
5. With a reduction in the separation standard, the special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. With a reduction in the separation standard, the special use complies with all other relevant City, State, and Federal laws and regulations.
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Property
6. Surrounding Properties
7. Site Separation Map
8. PowerPoint