HomeMy WebLinkAboutOrdinance 4292 • ED FOR RECORD
? 01 MY 8 PSI 2 43
WASHING iUN CO AR
B. STAMPS
ORDINANCE NO. 4292
AN ORDINANCE ACCEPTING AN AMENDED BILL OF
ASSURANCE TO PROVIDE FOR USE OF A METAL FENCE ON
THAT PROPERTY DESCRIBED IN RZ98-22, APPROVED IN
ORDINANCE NO. 4175 AND AMENDED BY ORDINANCE NO.
4184, SUBMITTED BY RICHARD OSBORNE ON BEHALF OF
LITTLEFIELD INVESTMENT COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That the amended Bill of Assurance providing for use of a metal fence on
that property described in RZ 98-22, approved in Ordinance No. 4175 and amended in Ordinance
No. 4184, is hereby accepted. A copy of the amended Bill of Assurance is attached hereto as Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this _ day of_z 001 .
APPROVED:
` , � FIArt ! If`/f
By:
. l Charles D. Coody, Mayor
k :
Heather Woodruff, City Cfreirk
2001051 518
ord . 4292
Exhi
EXHIBIT A DKci
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ98-22
A part of the Northwest Quarter (NW1 /4) of the Northwest Quarter (NW1 /4) of
Section Twenty-Three (23), Township Sixteen ( 16) North, Range Thirty (30) West,
being more particularly described as follows: Beginning at the Northeast comer of
said 40 acre tract, said point being an existing railroad spike in Happy Hollow Road;
thence S89°59'01 " W along the north line of said 40 acre tract 190.80 feet; thence
S00022'50"E 141 .99 feet to a chiseled "X" in a concrete Drive on the North right of
way of State Highway 16E (Huntsville Road) thence S68°26'03" E along said right
of way 205 .70 feet to a set cotton spindle in Happy Hollow Road on the east line of
said 40 acre tract; thence N00°22'50" W 217.66 feet to the point of beginning,
containing 0.788 acres, more or less, Fayetteville, AR. The above described 0.788
acre tract being subject to the right of way of Happy Hollow Road along the entire
east boundary.
M
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av
2001 051 519
i, Bette Stamps, Circuit
to Washington Cle'; '3'd Ex
-0,nc;o oeq;tler
that this insttrumsn oa-es f A k-. '�` ao nC'O
indicatedcd A ^ Y cs ty
hereon and iha ^� [ s
in��Record BEook5l and)-int a C :.� .�.f j' :.._cn
Ous rl,t .a.zd
IN WITNFS Wh^ c �'
hand and atfxaf cFEC• , I hqV? tnrun"� ; rc
rated here n. tna -ea; of s4id Court oil rh, Y Betty Stamps
Cirait Clerk a ;' . ;`Fcio f?';'n�der
by
NAME OF FILE: Ordinance No. 4292
CROSS REFERENCE: Ord. No. 4175-99 and Ord. No. 4184-99
02/20/01 Ordinance No. 4292
Exhibit "A" (Legal Description for RZ98-22)
05/03/01 Amended Bill of Assurance
09/21 /99 Ordinance No. 4184
09/30/99 Exhibit "A" (Amended Bill of Assurance)
09/21 /99 City Council Minutes (Page 11 )
08/03/99 Ordinance No. 4175
Exhibit "A" (Legal Description for RZ98-22)
08/03/99 City Council Minutes (Pages 3-7)
01 /11 /99 Minutes of Planning Commission Meeting (Pages 32-34)
02/06/01 Staff Review Form
03/08/01 Departmental Memo from City Clerk
04/13/01 Proof of Publication
NOTES :
ORDINANCE NO.
AN ORDINANCE ACCEPTING AN AMENDED BILL OF
ASSURANCE TO PROVIDE FOR USE OF A METAL FENCE ON
THAT PROPERTY DESCRIBED IN RZ 98-22, APPROVED IN
ORDINANCE NO. 4175 AND AMENDED BY ORDINANCE NO.
4184, SUBMITTED BY RICHARD OSBORNE ON BEHALF OF
LITTLEFIELD INVESTMENT COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That the amended Bill ofAssurance providing for use of a metal fence on that
property described in RZ 98-22, approved in Ordinance No. 4175 and amended
in Ordinance No. 4184, is hereby accepted. A copy of the amended Bill of
Assurance is attached hereto as Exhibit "A" and made a part hereof.
PASSED AND APPROVED this day of , 2001 .
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ98-22
Apart of the Northwest Quarter (NW 1 /4) of the Northwest Quarter (NW 1 /4) of Section Twenty-Three
(23), Township Sixteen (16)North, Range Thirty (30) West, being more particularly described as follows:
Beginning at the Northeast comer of said 40 acre tract, said point being an existing railroad spike in Happy
Hollow Road; thence S89 °59'01 "W along the north line of said 40 acre tract 190.80 feet; thence
S00 022'50"E 141 .99 feet to a chiseled "X" in aconcrete Drive on the North right ofway of State Highway
16E (Huntsville Road); thence S68 '26'03"E along said right of way 205.70 feet to a set cotton spindle in
happy hollow road on the east line of said 40 acre tract; thence N00 °22'50"W 217.66 feet to the point
of beginning, containing 0.788 acres, more or less, Fayetteville, AR. The above described 0.788 acre tract
being subject to the right of way of Happy Hollow Road along the entire east boundary.
t
• O> �/Z 92
AMENDED BILL OF ASSURANCE
Amen
This declaration of a Bill of Assurance is made this day of S 2001 , by As°�
Clem Johnson, successor owner to Littlefield Investment Co. of real property located in the City of
Fayetteville, Washington County, Arkansas, and more particularly described as follows, to-wit:
A part of the Northwest Quarter (NW 1 /4) of the Northwest Quarter (NW 1 /4) of Section
Twenty-Three (23), Township Sixteen ( 16) North, Range Thirty (30) West, being more
particularly described as follows: Beginning at the Northeast corner of said 40 acre tract, said
point being an existing railroad spike in Happy Hollow Road; thence S89 ° 59'01 "W along the
north line of said 40 acre tract 190.80 feet; thence S00 °22'50"E 141 .99 feet to a chiseled "X"
in a concrete Drive on the North right of way of State Highway 16E (Huntsville Road); thence
S68 °26'03 "E along said right of way 205 .70 feet to a set cotton spindle in happy hollow road
on the east line of said 40 acre tract; thence N00 °22'50"W 217.66 feet to the point of
beginning, containing 0.788 acres, more or less, Fayetteville, AR. The above described 0.788
acre tract being subject to the right of way of Happy Hollow Road along the entire east
boundary.
WHEREAS, Littlefield Investment Co. applied to the City of Fayetteville for a rezoning of the
above described real property from C- 1 to C-2 on July 6, 1999; and
WHEREAS, said rezoning was approved by the City Council by Ordinance 4175; and
WHEREAS, Littlefield Investment Co., owner at that time, and Clem Johnson, present owner,
desire to restrict the use of the property described hereinabove to a used car lot and/or automobile
restoration and repair for a maximum of fifteen (15) vehicles to be located behind a six (6) foot metal
fence or any use allowable in a C- 1 zoning.
NOW, THEREFORE, Clem Johnson, present owner, hereby declares that the real property
described herein shall be held, developed, transferred, sold, conveyed, and occupied subject to the
restriction that it if is zoned C-2 by the City Council of the City of Fayetteville the use thereof shall be
restricted to a "used car lot and/or automobile restoration and repair for a maximum of fifteen ( 15)
vehicles to be located behind a six (6) foot metal fence" (which requires C-2 zoning), or any use
2001 051 520
allowable in a C- 1 zone. In the event that said property ceases to be used as a used car lot and/or
automobile restoration and repair for a maximum of fifteen ( 15) vehicles behind a six (6) foot metal
fence for one (1 ) year, said property shall be rezoned to C- 1 by the City of Fayetteville.
Nothing contained herein shall prohibit Clem Johnson from petitioning the City of Fayetteville
for the removal of this Bill of Assurance or seeking a different zoning classification.
WITNESS my hand and seal this day of MO ,,-v---.-2001 .
Clem Johnson
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)SS.
COUNTY OF WASHINGTON )
Now on this 3 day of 2001 , came before me, the undersigned
Notary Public within and for the aforesaid County and State, Dennis Caudle, who acknowledged that
th jydhk&&-gted the foregoing Bill of Assurance for the consideration and purposes therein mentioned
' 4ilet set forth. 1p
a :
OT111rc�
• t U VVMES& rjry hand and seal as such Notary Public this 3� day of Yn
•�• f � � � .' , Notary Public �
My Commission Expires a0�
2001051 521
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Copy
Ord. 4
ORDINANCE NO, 4184
AN ORDINANCE ACCEPTING AN AMENDED BILL OF
ASSURANCE TO PROVIDE FOR ADDITIONAL USES ON
THAT PROPERTY DESCRIBED IN RZ98-22, APPROVED IN
ORDINANCE NO. 4175, AS SUBMITTED BY RICHARD
OSBORNE ON BEHALF OF LITTLEFIELD INVESTMENT
COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That the amended bill of assurance providing for additional uses on that
property described in RZ98-22, approved in Ordinance No. 4175, is hereby accepted. A copy of
• the amended bill of assurance is attached hereto as Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 71 ' day of September 1999.
APPROVED:
By:
red Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
E r?t, l
NI
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• 0 EXHIBIT A
• AMENDED BILL OF ASSURANCE
This declaration of a Bill of Assurance is made this day of September, 1999, by
Clem Johnson, successor owner to Littlefield Investment Co. of real property located in
Fayetteville, Washington County, Arkansas, more particularly described as follows, to wit:
A part of the Northwest Quarter (NW 1 /4) of the Northwest Quarter (NW 1 /4) of Section
Twenty-three (23), Township Sixteen (16) North, Range Thirty (30) West, being more e n
particularly described as follows: Beginning at the Northeast corner of said 40 acre tract, em
said point being an existing railroad spike in Happy Hollow Road; thence S89 °59'01 "W
along the north line of said 40 acre tract 190.80 feet; thence S00 °22'50"E 141 .99 feet to a
chiseled `X' in a concrete drive on the north right of way of State Highway 16E
(Huntsville Road); thence S68 °26'03 "E along said right of way 205.70 feet to a set cotton
spindle in Happy Hollow Road on the east line of said 40 acre tract; thence N00 °22'50"W
217.66 feet to the point of beginning, containing 0.788 acres, more or less, Fayetteville,
Washington County, Arkansas. The above described 0.788 acre tract being subject to the
right of way of Happy Hollow Road along the entire east boundary.
WHEREAS, Littlefield Investment Co. applied to the City of Fayetteville for a re-zoning
• of the above described real property from C-1 to C-2 on July 6, 1999; and
WHEREAS, said rezoning was approved by the City Council by Ordinance 4175 ; and
WHEREAS, Littlefield Investment Co., owner at that time, and Clem Johnson, present
owner, desire to restrict the use of the property described hereinabove to a used car lot and/or
automobile restoration and repair for a maximum of fifteen (15) vehicle to be located behind a
six (6) foot wooden fence or any use allowable in a C-1 zoning.
NOW, THEREFORE, Clem Johnson, present owner, hereby declares that the real
property described herein shall be held, developed, transferred, sold, conveyed, and occupied
subject to the restriction that if it is zoned C-2 by the City Council of the City of Fayetteville the
use thereof shall be restricted to a "used car lot and/or automobile restoration and repair for a
maximum of fifteen ( 15) vehicles to be located behind a six (6) foot wooden fence" (which
• requires C-2 zoning), or any use allowable in a C- 1 zone. In the event that said property ceases
to be used as a used car lot and/or automobile restoration and repair for a maximum of fifteen
(15) vehicles behind a six (6) foot wooden fence for one ( 1 ) year, said property shall be rezoned
to C- 1 by the City of Fayetteville.
Nothing contained herein shall prohibit Clem Johnson from petitioning the City of
Fayetteville for the removal of this_Bill_of Assurance or seeking a different zoning classification.
Executed this 3CW day of September, 1999.
CLEM JOHNSON
STATE-OF-ARKANSAS--
)SS
COUNTY OF WASHINGTON )
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public,
• duly qualified, commissioned and acting within and for the aforesaid State and County, Clem
Johnson, and stated that he had executed the same.
Witness my hand and seal as such Notary Public this day of September, 1999.
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September 21, 1999
City Council Minutes
Page 11
RZ 98-22
An ordinance approving an amendment to the Bill of Assurance of RZ 98-22 submitted by
Richard Osborne on behalf of Littlefield Investment Company and successor owner Clem
Johnson for property located at 1798 E. Huntsville Road. Ordinance 4175 rezoned this property
from C-1, Neighborhood Commercial to C-2, Thoroughfare Commercial. This request is for an
amendment to the Bill of Assurance to allow automobile restoration and repair in addition to
used car sales.
Mr. Rose read the ordinance for the first time.
I
Mayor Hanna stated the only neighbors that had contacted him had been concerned about the
restoration and repair. The owner had promised to screen the area.
Alderman Reynolds stated he also had received phone calls. All of them had been for the
approval of this project. All of them wanted to make sure that if something did happen to this
business that the property would revert back to C-1.
CA
Alderman Austin moved to suspend the rules and move to the second reading. Alderman
Davis seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance for the second time.
Alderman Young moved to amend the ordinance to add the wording "classic." Alderman
Austin seconded the motion. Upon roll call the motion carried unanimously.
Mr. Conklin did not believe the owner would object to the addition.
Alderman
Santos
moved to
suspend the
rules and move to the third and final reading.
Alderman
Austin
seconded
the motion.
Alderman
Russell added the Bill of Assurance was only a gesture
of good faith.
Anyone who
bought the
property could do what ever they wanted to. The City
had to be the
watch dog.
Mr. Erf, an area resident, encouraged to Council to vote against the ordinance. The use specified
was out of character for the neighborhood.
Mr. Rose read the ordinance for the third and final time.
Upon roll call the motion carried unanimously.
ORDINANCE 4184 AS RECORDED IN THE OFFICE OF THE CITY CLERK
City q
(Page
N
•
ORDINANCE NO. 4175
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ98-22 FOR A PARCEL
- CONTAINING APPROXIMATELY 0.788 ACRES LOCATED AT
1798 EAST HUNTSVILLE REQUESTED BY RICHARD
OSBORNE ON BEHALF OF LITTLEFIELD INVESTMENT
COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS: -
Section 1. That the zone classification of the following described property is hereby
changed as follows:
From C-1, Neighborhood Commercial to C-2, Commercial Thoroughfare for the real
property described in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoiiiiImaif of the City of Fayetteville, Arkansas, is hereby •
amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this 3n° day of _August , 1999.
I.
'• `'" APPROVED:
�•, . .` ra,pn • B Y'�r
+l • l ,
` +. Fred Hanna, Mayor
ATTEST:
Heather Woodruff, Cityeerk
C
urQlnance N1/.)
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ98-22
A part of the Northwest Quarter (NWl/4) of the Northwest Quarter (NW1/4) of
Section Twenty -Three (23), Township Sixteen (16) North, Range Thirty (30) West,
being more particularly described as follows: Beginning at the Northeast comer of
said 40 acre tract, said point being an existing railroad spike in Happy Hollow Road;
thence-S89°59'01"W along the north line of said 40 acre tract 190.80 feet; thence
S00°22'50"E 141.99 feet to a chiseled "X" in a concrete Drive on the North right of
way of State Highway 16E (Huntsville Road); thence $68 °26'03"E along said right
of way 205.70 feet to a set cotton spindle in happy hollow road on the east line of
said 40 acre tract; thence N00°22'50"W 217.66 feet to the point of beginning,
• containing 0.788 acres, more or less, Fayetteville, AR. The above described 0.788
acre tract being subject to the right of way of Happy Hollow Road along the entire
east boundary.
•
1•
• S
595
r
Li
City Council Minutes
August 3, 1999
Page 3
HARDIN PROPERTY SETTLEMENT
A resolution approving settlement of City v. Hardin, CIV. 99-561, and payment of just
compensation for the taking of real property in the amount of $52,396.50.
RESOLUTION 102-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
Cyrus Young moved to approve the Consent Agenda. Bob Davis seconded the motion.
Upon roll call, the motion carried unanimously.
OLD BUSINESS:
RZ 98-22
An ordinance approving rezoning request RZ 98-22 submitted by Richard Osborne on behalf of
Littlefield Investment Company for property located at 1798 East Huntsville Road. The property
is zoned C-1, Neighborhood Commercial, and contains approximately 0.788 acres. The request
is to rezone the property to C-2, Thoroughfare Commercial, for the purpose of installing a used
car lot. Item was left on second reading at the July 20, 1999 City Council meeting.
City Attorney Jerry Rose read the ordinance for the third time.
Alderman Daniel commented that she had driven by there today and was not in favor of the
rezoning because it is next to a residential area, and although it has been vacant for a while she
would like to wait for something more attractive than a used car lot to be there.
Alderman Trumbo mentioned that the building there now is dilapidated and run down. His
dilemma was whether to keep it as is and wait for someone else to come in who would return it
to a pump station and car repair, or to rezone it to C-2 whereby it could be cleaned up for a used
car dealership and have a viable, tax -paying business.
Alderman Davis said that, with its present zoning, there were plenty of other commercial uses
that could go into a C-1 zoning other than a gas station.
Alderman Reynolds and Alderman Austin both stated that, being aldermen for Ward 1, they had
not received any phone calls on this rezoning.
Alderman Santos asked if this rezoning would comply with the City's 2020 Plan.
Tim Conklin, City Planner, replied that the C-2 zoning is not consistent with the 2020 Plan,
where it was currently designated as Community Commercial. The Planning Department staff
had recommended denial of this petition.
596
City Council Minutes
August 3, 1999
Page 4
The attorney for the petitioner, Richard Osborne, mentioned that he had looked after this
property for four years and had had five inquiries for potential businesses, the only reasonable
usage for the site being a used car lot. The others had included: a flea market (which he didn't
think would be very attractive for an entry street into Fayetteville), and an appliance repair
service (for which they hadn't been able to reach an agreement). He thought this part of town
was improving. The proposal the man had made for the used car lot includes upgrading the
building and grounds.
Alderman Trumbo asked whether a gas station at that location just -hadn't worked, given that they
had had Fina come in and clean up the location and put in a nice sign.
Richard Osborne stated that it hadn't worked. Now they have children throwing rocks through
the windows and other standard vacant building activities.
Alderman Davis asked how many years the Fina station had been gone.
Richard Osborne replied that it has been between eight and ten years since Fina was there, and
over five years since it has been vacant.
Mayor Fred Hanna stated that he thought the last business in there had been a used tire business.
He also stated that he had understood that Mr. Littlefield had bought the site with the purpose of
putting a convenience store in that location. He wondered if he was keeping the property with
the notion of putting a convenience store there one day.
Richard Osborne explained that Mr. Littlefield, who died two years ago, predates convenience
stores, that he had started business during World War II, at which time there were no such stores,
to Mr. Osborne's knowledge. It was a gas station at the time. Littlefield's company had since
decided that a convenience store would not work in that location.
Alderman Davis asked if this put the City in a "watchdog" position that would be difficult to
maintain.
Tim Conklin stated that the Bill of Assurance contained wording which clarified that the
property would be used for the purpose of a used car lot or other uses allowed in a C-1 zoning,
and otherwise would revert back to a C-1 zoning. He had spoken with the City Attorney, who
had informed him that it would take a city ordinance to cause such a reversion. Therefore, it
would be up to City staff to monitor the location to ensure that it was being used as a car lot; and I
if at any time, for a period of one year it was not used for that purpose, the City Council would
need to pass an ordinance to reenact the C-1 zoning.
Richard Osborne mentioned that they would honor that, and that they were merely trying to put
__City Council Minutes
August 3,1999
Page 5
something in that location, anything being an improvement over what they've had in the past five
years.
Alderman Austin mentioned that he thought we should honor the work of the staff on the 2020
plan. But, on the other hand, he felt it was okay to make a change in the process, similar to a
builder making a change to a blueprint. He was in favor of granting the request.
Richard Osborne stated that the Planning Commission had approved the rezoning on the
condition that the Bill of Assurance be approved also.
Alderman Trumbo reiterated that he was also in favor of granting the request based on the fact
that we currently have a vacant, run-down eyesore building there when we could have an
ongoing business tax -paying enterprise.
Alderman Russell asked for clarification from the City
Attorney,
that if we
pass this rezoning and
another owner buys the property, the conditions would
be passed
on to the
new property owner.
Jerry Rose answered yes.
Alderman Russell asked further, if it was true that there would be no "automatic reverter" back to
C-1 if the new property owner wished to use the location for a C-2 usage other than a car lot.
Jerry Rose answered that there would be nothing automatic and that it would have to come back
to City Council for an ordinance to be passed to rezone the property back to C-1. However, he
mentioned, it would be helpful to have the wording contained in the Bill of Assurance to help
pass that ordinance. Also, the documents related to this rezoning would be recorded in the
County Clerk's office; therefore, any future property owner would be alerted to the restrictions in
usage put upon the property.
Alderman Santos stated that car lots are one of the businesses that benefits from economies of
conglomeration, and from being close together, which he thinks is a good thing. Neighborhood
commercial zoning is intended to create pockets of commercial opportunities for residents of the
neighborhood, to reduce traffic on the other streets. A used car lot is intended to draw traffic
from the entire region into this neighborhood. Therefore, the Council would be preventing what
the Master Plan had in mind for this area if they rezone this property.
Alderman Trumbo stated that those were all good points, but reminded the Council that there had
been a number of complaints about the property as it is.
Richard Osborne concurred that the property is a mess, and he would hate to see what goes on
there at night.
598
City Council Minutes
August 3, 1999
Page 6
Alderman Russell stated that he agreed with Alderman Santos. Although he also agrees that the
property is in vast, dire need of help, he does not think that the City government should do spot
rezoning fora business to accommodate the most reasonable offer they had -gotten. He hoped
-that they -would -eventually -get a -reasonable -offer- to -fix -up -the -property; but -he didn't think that
they needed a rezoning to accomplish that.
Alderman Austin asked whether there was a car lot on the south side of Huntsville Road, about
one mile further east, down by Bob's Market that was also C-2 zoning. Tim Conklin replied yes.
Jerry Rose stated that they were on the thirdandfinal reading. -
Upon roll call, the vote on the motion was tied: Davis, Daniel, Santos, and Russell voting
nay. City Attorney Jerry Rose alerted the Mayor that he could vote as the tie -breaker.
The Mayor voted for the motion, stating that the property would be better used as a used
car lot than remaining vacant. The motion carried by a vote of 5-4-0.
ORDINANCE 4175 AS RECORDED IN THE OFFICE OF THE CITY CLERK. ,
FAYETTEVILLE TOWN CENTER
A resolution approving a construction contract for the Fayetteville Town Center with Nabholz
Construction Co. for a negotiated bid amount of $7,346,408; contingency amount of $150,000;
and approval of Change Order #1 in the amount of $970,162; plus approval of a budget
adjustment.
Mayor Fred Hanna mentioned that they had requested the opinion of the Attorney General on
this matter and it had been received, and that the City Attorney was satisfied that the Attorney
General's opinion allows the Council to do what they had been asking to do, and was probably
even more lenient, showing that the City had exercised an overabundance of caution. The vote
on $7,346,408 was due tonight to meet the contract deadline with Nabholz Construction. They
should then vote on the items that had been put back in.
Alderman Trumbo did not think that approving the contract itself was controversial, as it had
been presented to the voters with the sufficient bond postings that were certified. Alderman
Trumbo made a motion to approve the resolution to approve the contract, and then get into
-the-more-controversial-parts of -it: Bob -Davis seconded the motion:- --
Alderman Russell questioned if they approved the contract, then voted down the extra money,
then would the town center be built without those add-ons. Mayor Hanna said yes. Alderman
Russell said that he would like to discuss the extra money before approving the contract.
0 589
n
Fayetteville City Council
July 20, 1999
Page 7
He thought the City could spend money on the facility.
No action was taken.
NEW BUSINESS
RZ 98-22
An ordinance approving rezoning request RZ 98-22 submitted by Richard Osborne on behalf of
Littlefield Investment Company for property located at 1798 East Huntsville Road. The property
is zoned C-1, Neighborhood Commercial, and contains approximately 0.788 acres. The request
is to rezone the property to C-2, Thoroughfare Commercial for the purpose of installing a used
car lot.
Mr. Rose read the ordinance.
Alderman Austin moved to suspend the rules and move to the second reading. Alderman
Daniels seconded the motion. Upon roll call the motion carried by a vote of 6-2-0, Santos
and Russell voting nay.
Mr. Rose read the ordinance of the second time.
The applicant was not present.
Alderman Daniel stated she was not in favor of the rezoning because there were a lot of used car
lots in town. The rezoning request was not consistent with the city's 2020 land use plan, which
had shown a C-1 designation.
Alderman Santos
thought the rezoning was inconsistent with
the land use plan and it was not
recommended
by
the staff. He asked if it
was legal to accept
a bill
of assurance for a rezoning.
Mr. Tim Conklin, City Planner, added there had been some discussion of a bill of assurance
stating that if the property was not used as a car lot then it would revert back to the C-1
designation. He stated the property could not revert back. The most that could be offered would
be to limit the use of the property to a used car lot.
Mr. Rose stated any changes would have to come back to Council for a vote.
Alderman Reynolds stated the property was in disrepair and was abandoned.
The item was left on the second reading.
a
Minutes of Planning Commission Meeting
January 11, 1999
Page 32
RZ98-22: REZONING
LITTLEFIELD INVESTMENT CO, PP 565
This request was submitted by Richard Osborne on behalf of Littlefield Investment Company for
property located at 1798 East Huntsville Road. The property is zoned C-1, Neighborhood
Commercial, and contains approximately 0.54 acres. The request is to rezone the property to C-
2, Thoroughfare Commercial for the purpose of installing a used car lot.
Staff does not recommend the approval of the requested rezoning from C-1 to C-2 because there
are adequate vacant C-2 parcels in the city to accommodate the proposed use. The Land Use Plan
shows the area to be Community Commercial, therefore, the rezoning proposed is not consistent
with the land use planning objective, principles, and policies of the land use and zoning plans.
Richard Osborne and Conway Massey were present on behalf of the project.
Commission Discussion
Osborne: I would like to address the items one and two that the land use planning objective,
principles, and polices are not consistent with the General Plan 2020. There is C-2 in the area. It
is across the street. It is the Mexican Original Plant. Other than that, there is C-2 in the City that
is appropriate but not in that part of the city. We have had three inquiries in the past two years.
One was for a small appliance repair which we did not feel would be appropriate there. The
other was a flea market. We felt the used car lot is a better use for that area which we cannot do
without C-2 zoning. I have a loose view of the General Plan. It is not sculpted in granite and
therefore it can be altered. I feel this would an appropriate use in that area. This has not been the
finest part of Fayetteville and it is upgrading and I think this will be a continuation of the
upgrade. It's ugly now and we'd like to do something nice and progressive there. This would
not increase the frequency of traffic or increase of population density. We would appreciate your
fair consideration and the opportunity to improve the property. There is only one other used car
lot in that area which is west of the what was formerly Watson's Super Market. I have the
platted survey for staff.
Little: Thank you.
Public Discussion
None.
Further Commission Discussion
Odom: Car lots are only allowed in C-i Is that correct?
(Pp.4
a V
Minutes of Planning Commission Meeting
January11, 1999
Page 33
Little: That is correct.
Odom: Would we be able to grant a rezoning contingent upon it being for one particular
use.
—Little:----- No. That would not be advisable unless offered by the applicant.
Osborne:
We will
offer a Bill of Assurance that
it will only be rezoned for a used car lot. If
something
else were to
occur we would simply come
back.
Hoffman: Is there not any way to grant a conditional use? -
Little: No.
Forney: Rezonings are a really important part of our work and we need to exercise a lot of
care. I think the General Land Use Plan should be our proper guide and I appreciate the staffs
report. -I appreciate -the applicant's view that this area is not being used to it's full potential. I am
- optimistic about the future of that intersection given the increased development north of there.
Since this property is for lease, I think rezoning to accommodate a rental opportunity seems
contingent and short sighted. Rezoning should be a long term decision.
Odom: I wasn't originally going to support this but since the offer of the Bill of
Assurance, I'm not as concerned about it.
Forney: How does this work? - What Would happen to the zoning on the site after the
lease expires? -
Little: It would be C-1 or it could be used again for another used car lot.
MOTION
Mr. Odom made a motion to approve 98-22 to rezone the property from C-1 to C-2 with a Bill of
Assurance that this will be used for a used car lot only and the zoning will revert to C-1 at the
expiration of the lease or change in use.
Mr. Ward seconded the motion.
Further Discussion
Little: This will be limited to one use.
•
Minutes of Planning Commission Meeting
January11, 1999
Page 34
Forney: How often do we do this?
Little: Limiting to one use is unusual. It says it is not appropriate for that zone except
for that one use. It is not generally advisable to do that. I think at the City Council level the City
Attorney will caution the Council against that.
Forney: Have we done this before?
Little: Not just for one use.
Forney: We have a mechanism and it may not address the specific cases as we think it
should. We are putting ourselves in an awkward position. I think we'll see a lot of people come
in here to rezone for just one use. That is not a good way to treat our land use plan. If we don't
like the way our regulations are we should revise the regulations.
- Odom: This would not be allowed as conditional use in C-1.
Upon Roll Call
Upon roll call, the motion passed with a vote of 5-4-0. Mr. Forney, Ms. Hoover, Ms. Johnson,
and Mr. Tucker voted against the motion.
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville
City Council meeting of February 6, 2001.
FROM:
Tim Conklin
Planning Public Works
Name
Division Department
ACTION REQUESTED: To approve an amendment to the Bill of Assurance to provide
for use of a metal
fence on that property described in RZ 98-22, approved in
Ordinance #4175 and
amended in Ordinance #4184, submitted by Richard Osborne on
behalf of Littlefield
Investment Company.
COST TO CITY:
Cost of this request
Category/Project Budget Category/Project Name
Account Number
Funds used to date Program Name
Project Number
Remaining balance Fund
BUDGET REVIEW:
Budgeted Item Budget Adjustment Attached
Budget Coordinator
Administrative Services Director
CONTRACT/GRANT/LEASE
REVIEW: GRANTING AGENCY:
ftccountiria Ma a er
Date ADA Coordinator Date
City A torney
D e Internal Auditor Date
Purchasing Officer
Date
STAFF RECOMMENDATION:
Staff will make a recommendation at the February 6, 2001,
City Council meeting.
—/I—VI
Cross Reference
D' ion Hea
Date
a tm n irect r
Dat New Item: Yes No
IH/1
AcjMini4trativ ervices Date Prev Ord/Res#:
D rec o
Mayor
Date Orig Contract Date:
FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick, Planning
From: Heather Woodruff, City Clerk
Date: March 8, 2001
Attached is a copy of the ordinance accepting an amended bill of assurance from RZ 98-22 for
your records.
Please forward a copy of the bill of assurance to my office as soon as possible so it can be
recorded at the County and microfilmed.
City
• RECEIVED
APR 1 7 2001
NNORTHWEST;ARKANSAS"EDI rIOft
AFFIDAVIT OF PUBLICATION
I>S�!l�l� , do solemnly
swear that I am Legal Clerk of the Arkansas
Democrat -Gazette Newspaper, printed and published at Lowell,
Arkansas and that from my own personal knowledge and
reference to the files of said publication the advertisement of
�n d kd 44
Was inserted in the regular editions on
a:i
l
Publication Charge 4' L,3O, 9'
ORDINANCE NO. 4292
M ordinance aaepdy en ameided.1
&9 of Assuage ro provda roc use of a.
meal fence m that preperty described
in R298 -fl, approved to Ordnance No.
4175 and emended by Ordinance No.
4164, submitted by Richard Osborne
poanr�behalf of WBefielo InvesMem Coro
Re 6 Ordarred by the City Councl of the
Seition 1: That the emended Bit of As,
nar suce providing for use of a moth-,
fence on that property described in AZ.
9822, approved in Ordinance No.
4175 end amended in Ordinance No.
4164, is hereby accepted. A copyy of the
amended Bill of Assurance is atta bed
hereto as Eduba'Aand made a pan
Legal LegDescription for RZ9822
A ppeert of the Northwest Quarter
(tNWII4)1 of Sidon Twenty-three (23);:
iownsNp Sideen 116) North, Range
Thirty (30) West, being morreegpartccgular.
tadescribed Northeastmmet of of said 40 ma
tact, said point being an etlinp rail-
road spike in Happy Hollow Road;
thence S 89 degrees 59' 01" W along
the north line of said 40 acre tract
190.80 feet; thence S 00 degrees 22'
50" E 141.99 feet to a chiseled'%' in 8
concrete Drive on Ba North of way
of State Highway 16E (Humane
Road) thence S 68 degrees 26' 03" E
along said right of way of 205.70 feet to
a sal cotton spindle In Happy Hollow
Road an the east line of said 40 acre
tact; thence N 00 degrees 22' 50" W
217.66 feet to the pant of beginning,
mmaumq 0.768 acres, more a less,
FeyettSfe, AR. The above described
0188 acre net being subject to the
rioht of way of Happy Hollow Roat
id Approved this loth day of
Purchase Order #rwjlualy Approved:
t.Otades D. Coody,
yor
Attest.
Br. Heather Woodmf,
City Clerk
Subscribed and sworn t before me this AAor 12001
__1 day of , 2001.
' P Notary Public
My commission expires _ AA0 ________________________
Fayetteville, Arkansas 72701, (501)571-6467
I V
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