No preview available
HomeMy WebLinkAboutOrdinance 6698 ii��i lii►hill►:1111 ►►iii►►mill►►i��i 1111►i►1iii 11111:11►.1iii►iiii►►i Doc ID:ORDINANCE Type: REL Kind: ORDINANCE OF F"rErrFV Recorded: 11/27/2023 at 1O:56:03 AM Fee Amt: $35.00 Page 1 of 5 47(ir Washington County, AR Kyle Sylvester Circuit Clerk Fi1e2023_00030599 ,'qKA NS�S /\RCHI\/EL) 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6698 File Number: 2023-1138 REZONING-2023-0025: (524 S. WILLOW AVE./BWB WILLOW LLC,524): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD I FROM NC, NEIGHBORHOOD CONSERVATION TO DG. DOWNTOWN GENERAL, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to DG, Downtown General, subject to a bill of assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on November 7, 2023 Approve : Attest: .001111111,/, `` .. i< . T . \Wei/e,e .`-el nel Jord , Ma or Kara Paxton,City C erk TreasureE :f AyET , 1 • �<<llflliii�t' This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid: Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner DATE: CITY COUNCIL MEMO 2023-1138 SUBJECT: RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located in south Fayetteville, one lot north of Martin Luther King Jr. Boulevard on the east side of Willow Avenue. The property contains approximately 0.22 acres and is currently developed with a 1,344-square-foot, single-family dwelling which Washington County records indicate was built in 1930. Prior to 2008, the subject property and most others in the immediate vicinity were zoned RMF-24, Residential Multi - Family, 24 Units per Acre. With the adoption of the Walker Park Neighborhood Master Plan that year, the property was rezoned to NC, Neighborhood Conservation. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to DG, Downtown General. Public Comment: Staff received no public comment prior to the Planning Commission. A community member spoke at the public hearing with comments summarized within the meeting discussion below. Land Use Compatibility: Staff finds the proposed rezoning from NC to DG to be generally compatible with existing land use and zoning patterns in the surrounding area. Downtown General would allow for residential development and lot sizes that are commonly found nearby, as well as some nonresidential uses which may be suitable at this location given the property's proximity to Martin Luther King Jr. Boulevard and other nonresidential uses. Where NC zoning allows for by -right development of single-family dwellings at a density of 10 units per acre, a rezoning to DG would allow for the development of multi -family dwellings with density informed by building height allowance and development standards. With regard to bulk and area regulations, NC currently allows for the creation of lots with a width of 40 feet and an area of 4,000 square feet, while DG Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 would allow for the creation of lots with a width of 18 feet without limitation to lot area. When taking the size of the property into consideration, which totals less than a quarter of an acre, staff finds that a rezoning to DG is not likely to result in development of a scale or type that is incompatible with the surrounding area. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as Residential Neighborhood area. While a similar rezoning mid -block could be considered incompatible, staff finds the requested rezoning to be appropriate since it has the potential to result in increased housing or services near a dense residential area and existing nonresidential uses. Staff also finds the requested rezoning to be generally aligned with Goal 1 of City Plan 2040 since it would encourage infill in an area that has a moderate infill score ranging between 8 and 9. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range between 8 and 9 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (six-inch main, Willow Avenue) • Near Water Main (six-inch main, Willow Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Walker Park Trail, Razorback Greenway) • Near ORT Bus Stop (Route 10, Route 20 East) • Near Razorback Bus Stop (Route 13) • Within Master Plan Area (Walker Park Neighborhood) • Sufficient Intersection Density DISCUSSION: At the September 26, 2023 Planning Commission meeting, a vote of 5-2-1 forwarded the request to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Payne seconded it. Commissioners Madden and Garlock voted against the request and Commissioner Brink recused. Commissioners opposed to the request expressed concerns about the rezoning resulting in increased traffic and building heights. Commissioners in favor of the request found the rezoning to be appropriate given the presence of DG zoning nearby, and given its potential to result in a greater variety of residential and nonresidential uses. One member of the public spoke against the item at the meeting, expressing concerns about the proposed rezoning impacting the character of the surrounding neighborhood. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6), Bill of Assurance (#7), City Attorney's Office Memo/ Draft Amended Ordinance (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1138 RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to DG, Downtown General, subject to a bill of assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1138 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: RZN-2023-0025 Close Up View M w Z—"Sr, C" z x Cn 9 w � z z 0 c� R1-U Z 2 Neighborhood Link Unclassified Alley Residential Link Hillside -Hilltop Overlay District ~ Planning Area _ ! Fayetteville City Limits 524 S. WILLOW AVE RZN-2023-0025 EXHIBIT 'A' ,� 'SL RMF-24 vW -8 Subject Property MARTINIL'UTHE KIP. ....... Feet 0 75 150 300 450 600 1:2,400 w a 0 0 rNORTH,l Zone Current Proposed DG 0.0 0.2 NC 0.2 0.0 Total 0.2 ac RZN-2023-0025 EXHIBIT 'B' Legal Description: A part of the Southwest Quarter of the Southwest Quarter of Section 15 in Township 16 North of Range 30 West, described as follows: Beginning 473.5 feet West and 419.8 feet North of the Southeast corner of said forty acre tract, and running thence West 150 feet; thence North 65 feet; thence East 150 feet; thence South 65 feet to the place of beginning, situated in the City of Fayetteville, Washington County, Arkansas. CITY OF WNWFAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: September 25, 2023 (updated with results) SUBJECT: RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2023-0025 to City Council with a recommendation of approval. RECOMMENDED MOTION: "l move to forward RZN-2023-0025 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in south Fayetteville, one lot north of Martin Luther King Jr. Boulevard on the east side of Willow Avenue. The property contains approximately 0.22 acres and is currently developed with a 1,344-square-foot, single-family dwelling which Washington County records indicate was built in 1930. Prior to 2008, the subject property and most others in the immediate vicinity were zoned RMF-24, Residential Multi -Family, 24 Units per Acre. With the adoption of the Walker Park Neighborhood Master Plan that year, the property was rezoned to NC, Neighborhood Conservation. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential RI-U, Residential Intermediate -Urban South Single -Family Residential; DG, Downtown General Two -Family Residential East Single -Family Residential DG, Downtown General West Single -Family Residential; NC, Neighborhood Conservation; Undeveloped DG, Downtown General Request: The request is to rezone the subject property from NC, Neighborhood Conservation to DG, Downtown General. Public Comment: Staff has not received any public comment regarding this request. INFRASTRUCTURE: Streets: The subject property has frontage along Willow Avenue, a partially improved Residential Link street with asphalt paving, curb, and gutter. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing six-inch water main is present on the west side of Willow Avenue. Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main is present in the center of Willow Avenue. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams are present. The property does, however, contain hydric soils. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this state ment/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Any improvements or requirements for drainage would be determined at the time of development submittal. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district of DG, Downtown General requires 10% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 8-9 for this site with a weighted score of 11 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (six-inch main, Willow Avenue) • Near Water Main (six-inch main, Willow Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Walker Park Trail, Razorback Greenway) • Near ORT Bus Stop (Route 10, Route 20 East) • Near Razorback Bus Stop (Route 13) • Within Master Plan Area (Walker Park Neighborhood) • Sufficient Intersection Density FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed rezoning from NC to DG to be generally compatible with existing land use and zoning patterns in the surrounding area. Downtown General would allow for residential development and lot sizes that are commonly found nearby, as well as some nonresidential uses which may be suitable at this location given the property's proximity to Martin Luther King Jr. Boulevard and other nonresidential uses. Where NC zoning allows for by -right development of single-family dwellings at a density of 10 units per acre, a rezoning to DG would allow for the development of multi -family dwellings without limitation to density. With regard to bulk and area regulations, NC currently allows for the creation of lots with a width of 40 feet and an area of 4,000 square feet, while DG would allow for the creation of lots with a width of 18 feet without limitation to lot area. When taking the size of the property into consideration, which totals less than a quarter of an acre, staff finds that a rezoning to DG is not likely to result in development of a scale or type that is incompatible with the surrounding area. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as Residential Neighborhood area. While a similar rezoning mid - block could be considered incompatible, staff finds the requested rezoning to be appropriate since it has the potential to result in increased housing or services near a dense residential area and existing nonresidential uses. Staff also finds the requested rezoning to be generally aligned with Goal 1 of City Plan 2040 since it would encourage infill in an area that has a moderate infill score ranging between 8 and 9. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that rezoning the subject property from NC to DG is justified since it would encourage the development of contextually -sensitive residential and nonresidential uses near downtown Fayetteville where services, amenities, and residential areas are at their greatest concentration. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from NC to DG has the potential to increase traffic at this location when considering that DG would allow for development that is greater in density and intensity that the existing NC zoning. Nevertheless, staff finds that a rezoning is not likely to create or appreciably increase traffic danger or congestion given the small size of the lot and its limited access onto Willow Avenue. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, the property currently has access to public streets, water, and sewer, and any necessary upgrades to existing infrastructure would be determined at the time of development review. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0025 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: September 25, 2023 O Tabled M Forwarded O Denied with a Motion: Sparkman recommendation of approval Second: Payne Vote: 5-2-1 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.28 Downtown General o §161.29 Neighborhood Conservation • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 1 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6- 18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11- 1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Rezoning Request August 16, 2023 Fayetteville Development Services c/o Ms. Masters 125 W. Mountain St. Fayetteville, AR 72701 RE: Request to Rezone to DG (Downtown General) Ms. Masters, On behalf of my client, BWB Willow LLC, I am requesting a rezone to the property located at 524 S. Willow Ave., Fayetteville AR 72701 from NC (Neighborhood Conservation) to DG (Downtown General). At this time, my clients do not have any development plans to accompany this request. Compatibility: As shown the property is bordered to the East and South by properties currently zoned DG and does not appear to be incompatible with those properties. Legal Description: A part of the Southwest Quarter of the Southwest Quarter of Section 15 in Township 16 North of Range 30 West, described as follows: Beginning 473.5 feet West and 419.8 feet North of the Southeast corner of said forty acre tract, and running thence West 150 feet; thence North 65 feet; thence East 150 feet; thence South 65 feet to the place of beginning, situated in the City of Fayetteville, Washington County, Arkansas. RZN-2023-0025 524 S. WILLOW AVE One Mile View I.■ AI■ Regional Link Neighborhood Link Regional Link- High Activity Urban Center - Unclassfied - Alley - Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits 1 1 Planning Area 0 0.13 0.25 0.5 Miles lT ! JW� Q Subject Property i i 1 1 1 1 1 1 1 1 IP-1 r L_ A& I 0 Pla<Lits _ Fayg RSF-S ORTH LE D t zoning 11 I-2 Ganarel Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION I♦ NsG ii E-1 li RI-U COMMERCIAL RI-iz si­ ii NS-L C-1 ii ..id.nY&l -Aeon I♦ c-2 RSF-.5 = C-3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Gore RSF< Urhan Tlwroughhre RSF') Main Sheat Center RSFA �Dmmlwm Generel RSF-18 nmmanlry S.,i.a RESIDENTIALMULTI-FAMILY Neighborhood Sery RMF. ii Neighborhaad Cone J. ii RM112 PLANNED ZONING DISTRICTS RM11a 1♦ Comme,cial. li, o nal. Residential ii RMF-sa INSTITUTIONAL ii RM P-1 INDUSTRIAL I-1 Heavy CammarclalaM Light lndoatdal RZN-2023-0025 Close Up View M w 0 7 STD C" z x 9 w � z z 0 c� R1-U Z x Neighborhood Link Unclassified Alley Residential Link Hillside -Hilltop Overlay District ~ Planning Area _ ! Fayetteville City Limits 524 S. WILLOW AVE Subject Property MARTINIL'UTHE KIP. ....... Feet 0 75 150 300 450 600 1:2,400 RSF-8 1 w a 0 0 rNORTH,l Zone Current Proposed DG 0.0 0.2 NC 0.2 0.0 Total 0.2 ac RZN-2023-0025 524 S. WILLOW AVE MIN 41 I , III w IL "a +r �- •NOW !� im Single -Family Residential LsMOM -'.![:a' lip!Neighborhood Link + Flood Hazard Data Urban Center Unclassified Residential Link Feet Floodway Trail (Proposed) Planning Area 1 112.5 225 450 675 •11 1 Fayetteville City Limits •11 Design.verlay District RZN-2023-0025 Future Land Use � w aka w N r'r- .NE�'so City Neighborhood SOUTH ST 524 S. WILLOW AVE SOUTH ST -a -4TH ST Natural W ' q I Ow 5TH'ST— K� w miz IF cn� LU g, Civic and Private Open Space Neighborhood Link Urban Center — Unclassified — Alley Residential Link 1' �1 Planning Area Fayetteville City Limits — — Trail (Proposed) Design Overlay District Subject Property �� MAA i1llI't,wI w Q z O c� 9THST—Z------- 2 U) 9 10TH ST Feet E WALKER R0 0 145 290 580 870 ORTH Residential Neighborhood J� ti Q O Q � O O 3: Z r N`�� O COFFEE WAY I m W FAIRL-ANE �I Qcol w J w � 2 z Q Q J w City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center Received by Jonathan Curth 10/31/23 at 5:40 p.m. SILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") BWB Willow, LLC., hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to All permitted uses in Downtown General and all conditional uses allowed with a conditional use permit. 2. Other restrictions including number and type of structures upon the property are limited to Building Heights will not exceed 3 stories. 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by ordinance of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office along with Petitioner's rezoning ordinance and shall be noted on any Plat, Large Scale Development, Large Site or Small Site Improvement Plan, or other development authorization which includes some or all of Petitioner's property that is subject to the rezoning ordinance and this Bill of Assurance. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Andrew Brink, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Q�A4',- 24, LoZ Date U A dress STATE OF ARKANSAS COUNTY OF WASHINGTON Qjjr�) � &J1 Printed Name 'Z&Ln'— ,-- &2� Signature NOTARY OATH And now on this the -_,� day of 0 4 oher . 2023, appeared before me, Atnri(P,�') . a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: c NOTARY PUBLIC *lFICLAL SEAL- PAULA A. CANAL-RUGDA SINTON COUNTY NOTARY PUBLIC - ARKANSAS My Commission EVIr" December 14, 2030 Commission No. 12712975 Received by Blake Pennington on 11/01/23 at 10:09 a.m. 1cl OFFICE OF THE CITY ATTORNEY TO: CC: FROM: DATE: RE: DEPARTMENTAL CORRESPONDENCE Mayor Jordan City Council Jonathan Curth, Development Services Director Blake Pennington, Senior Assistant City Attorney November 1, 2023 Bill of Assurance for 524 South Willow Avenue Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal The applicant for the rezoning of 524 South Willow Avenue has supplied a signed bill of assurance for the City Council's consideration. The bill of assurance would limit the height of buildings to 3 stories. Without the bill of assurance, the zoning requested by the applicant, DG, Downtown General, would allow buildings of up to 5 stories. The applicant will officially offer this bill of assurance to the City Council at the November 7 meeting. The City Council will then need to amend the rezoning ordinance if you wish to incorporate the bill of assurance into the ordinance. I have attached a draft amended ordinance for your consideration. The bill of assurance will have no effect if the rezoning ordinance fails. ORDINANCE NO. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION, TO DG, DOWNTOWN GENERAL, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation, to DG, Downtown General, subject to a bill of assurance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 17t" day of October, 2023. APPROVED: ATTEST: al LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Received by Jonathan Curth 10/31/23 at 5:40 p.m. SILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") BWB Willow, LLC., hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioners heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioners rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to All permitted uses in Downtown General and all conditional uses allowed with a conditional use permit. 2. Other restrictions including number and type of structures upon the property are limited to Building Heights will not exceed 3 stories. 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) _ 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by ordinance of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office along with Petitioner's rezoning ordinance and shall be noted on any Plat, Large Scale Development, Large Site or Small Site Improvement Plan, or other development authorization which includes some or all of Petitioner's property that is subject to the rezoning ordinance and this Bill of Assurance. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Andrew Brink, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. --41,,• Date Ad ei ress STATE OF ARKANSAS } COUNTY OF WASHINGTON } Ah Printed Name Signature NOTARY OATH And now on this the day of J o e r— J 2023, appeared before me, 4aOCI(CA6.) (?--XAAV\ J a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: Ufa c, be-r I of Q(?30 NOTARY PUBLIC IVAL SEAL" . CANAL-RUMON COUNTYUBLIC -ARKANSAS [C:PAULA xpires December 14,2030 0 No. 11711975 \Nasn►ngton County. AR this instrument was filed on I certify 10..56:03 AM 11127I2023 and recorded in Real Estate 9 File Number 2023- 0 Kyle Sylvester- Circuit Clerk by <.__, Form v1 41 NW4\ media Account#: NWCL5004205 RECEIVED Company: CITY OF FAYETTEVILLE-CLERKS OFF! 113 W MOUNTAIN NOV 13 2023 FAYETTEVILLE, AR 72703 CITITY°Y OF FAYETUM TEVILLE Ad number#: 346516 PO#: Matter of: ORD 6698 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6698 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$98.80. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/12/23;NWA nwaonline.com 11/12/23 debt_a_ 67a4,21-ez-e—c- Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 13th day of November,2023 ;yt:. •., CATHERINE STAGGS .( *p• 1 MY COMMISSION M 12402772 :h EXPIRES:February 28, 2025 �t �� ''•;lK•A1: � Washington County J NOTARY PUBLIC - OrdiNWIRLial:VSONnIGI:AAAN. ce:6698 Fileber: 2023-1138 REZG-2023-0025: (52WILLOW AVE./BWBWLLOC,524):ANINANCE TOREZONETHE PERTY DESCRIBED INRZO PETITION RZN 2023- 025FPPROXIMATELY 0.22ARESCATED AT 524SOUTHWLLOVENUEINWARD 1FOMC, NEIGHBORHOODCNSETION TO DG,DOWN- TOWN GENERAL,SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY .�l FAYUETTEVILLLE,ARKANSAS: OF li C�O 1tE I V E 202 3 D Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby > 7 changes the zone classification Y of the property shown on the map(Exhibit A)and the legal de- scription (Exhibit B) both at- CITY OF FAYETTEVILLE tached to the Planning CITY CLERKS OFFICE Department's Agenda Memo from NC,Neighborhood Conser- vation to DG,Downtown Gen- eral, subject to a bill of assurance. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on November 7,2023 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid:$98.80 Nov.12,2023 346516 Form v1.41 NW4\ media Account#: N WC L5004205 RECEIVED Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN NOV 13 2023 FAYETTEVILLE, AR 72703 CITCIY o F FAYETTEVILLE r Ad number#: 346516 PO #: Matter of: ORD 6698 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6698 Pending in the court, in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona tide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona tide circulation therein for the period of one month before the date of the first publication of said advertisement:and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$98.80. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/12/23;NWA nwuonline.com 11/12/23 data_ �� Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 13th day of November,2023 —` " ' CATHERINE STAGGS :• MY COMMISSION#12402772 ;�; EXPIRES:February 28, 2025 C U ; Washington County NOTARY PUBLIC Ordinance:6698 File Number: 2023-1138 REZONING-2023-0025: (524 S. WILLOW AVE./BWB WILLOW LLC,524): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023- 025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO DG,DOWN- TOWN GENERAL,SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RECEIVED FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville,chan Arkansaszoe hereby NOV 13 2023 changes the zone classification of the property shown on the map(Exhibit A)and the legal de- scription (Exhibit B) both at- CITY OF FAYETTEVILLE tacked to the Planning CITY CLERKS OFFICE Department's Agenda Memo from NC,Neighborhood Conser- vation to DG,Downtown Gen- eral, subject to a bill of assurance. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on November 7,2023 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid:$98.60 Nov.12,2023 346516