When the Planning Commission met Nov. 9, the agenda included a request to enclose a deck at the Gravel Bar on the west side of town. After long discussion, commissioners suggested a special meeting to consider the application.
Last week, Chair Ann Tandy-Sallee opened that special meeting with the observation that none of the written comments she received opposed adding a roof over the deck. She expressed concerns about the sound problems but started the discussion with parking issues.
At the Nov. 9 meeting, commissioner Tom Buford had a series of questions about parking. He complained that patrons of the Gravel Bar sometimes park along US 62, although those are legal parking spaces. He also demanded legal authority for bar patrons to park in adjacent businesses.
Owner David Avanzino introduced attorney Wade Williams, who explained that the business meets city requirements for parking, even under the strictest standards. In addition, he had written authorization to use the nine parking spaces next door at Ozark Mountain Ziplines. Buford asked if the Ozark Mountain Ziplines owned or leased the property, suggesting that they might lack legal authority to allow parking in that lot. Williams reminded him that the Gravel Bar meets city standards even without that additional parking.
Commissioners agreed that parking was not an issue, and the conversation turned to noise. At the Nov. 9 meeting, Avanzino noted that amplified music plays already on the deck. Police have never found a violation of the city’s noise ordinance, and staff at the Gravel Bar monitor noise levels to ensure compliance. Avanzino said adding an enclosure would further reduce noise levels, even with the large windows open.
Since the Gravel Bar already meets noise standards, Williams asked commissioners if they thought adding a roof would increase noise levels. He reminded them that the complaints apparently came from just a few people, and those complaints have proved unfounded.
Commissioner Melissa Greene said the commission had worked with The Cathouse downtown to help meet noise complaints from the neighborhood. “We need to find a solution so we can walk out of here,” she said. “Each of us needs to give a little.” Buford also spoke of balancing the concerns of adjacent property owners.
Commissioner Fergie Stewart took a different view. “This owner has done all he can do.” He reminded everyone that Avanzino had turned a property in decline into a thriving business. Despite that assessment, Tandy-Sallee said she would only approve the enclosure if Avanzino agreed not to feature amplified music on the deck until the enclosure is built.
Williams asked what authority the commission would have to create such a condition, and Tandy-Sallee called it “a reasonable consideration.” She dismissed Williams’ questions by saying, “We’re not in a court of law. We make the decision, and if you don’t like it, you have the right to go to court or to the city council.”
Williams said this overstepping reminded him of a previous encounter with the Planning Commission. An applicant had met with every city requirement for a mobile home park, but commissioners asked him to meet standards from a Springdale ordinance. He said if this case goes to court, and commissioners had no reason “within your scope of duty” to reject the application, the project would eventually go forward. “If this meets code, it’s your duty as planning commissioners to approve it,” he said.
Tandy-Sallee continued to suggest that Avanzino would not compromise. Williams said the business already operates well within city standards. The owner wants to invest in an enclosure to further reduce noise levels. Avanzino said he has received complaints even with acoustic performers on the deck, although he typically has readings lower than 55 decibels, well below the city’s standard of 65 decibels. Williams said if people think the city standard is too high, they can work to change the ordinance.
Williams reminded commissioners that Avanzino would continue to play amplified music on the deck if they reject the enclosure. He also questioned the commission’s position. “When you say ‘compromise,’ you mean ‘change what you’re doing or we won’t let you improve your property,’” he said.
“All we ask is to let us build it,” Avanzino said. He pledged to make further improvements if necessary, and said, “I want to go as far as I can to make the neighbors happy.”
The enclosure would have large roll-up doors for fair weather. Some commissioners at first suggested keeping the windows closed during amplified music, but they voted to only require the business to keep the windows closed on the side parallel to the building for amplified music. The majority of the complaints have come from that direction.