HomeMy WebLinkAboutOrdinance 4384 ORDINANCE NO. 4384
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 024 .00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .36 ACRES AND LOCATED AT 1140
HENDRIX AND 110 GARLAND, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY BROCK THOMPSON.
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 R- 1 , Low Density Residential to R- 1 .5, Moderate Density Residential as
shown in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
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s . AND APPROVED this 2nd day of April, 2002.
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Q t, : AI APPROVED:
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By: Awf,
+GbXKCOODY, Mayor v �_
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ATTEST:
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By: -v C-.) m
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eather Woodruff, City Cle o
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0 Ord . 4384
EXHIBIT AA@
PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 8,
TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO WIT: BEGINNING AT A POINT WHICH LIES SOUTH 765.00 FEET,
WEST 30.00 FEET FROM THE NORTHEAST CORNER OF SAID 40 ACRE TRACT AND
RUNNING THENCE S00012'40"W 104.71 FEET, THENCE WEST 330.00 FEET, THENCE
N00012'38"E 104.96 FEET THENCE N8905712211W 59.91 FEET, THENCE N0000013611W 104.94
FEET, THENCE EAST 237.01 FEET, THENCE S0000214211W 105.09 FEET, THENCE
S89057'22"E 153.00 FEET TO THE POINT OF BEGINNING CONTAINING 1 .37 ACRES
MORE OR LESS.
20 12; 1 " 1366
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I, Bette Stamps, Circuit Clerk anndd Ex-officido o
Recorder
for Washington County,
cenrrY
that this Instrument was filed for record In my office as
indicated hereon and %no Rina I$ now duly recorded
ithereon
n�Recoord acBook andmGmt pageend
as Indicated a thorean-
IN WITNESS `NNEREOp, I have hereunto set my
hand end affixed the Seel Ot sold Court On the date ;ndr
sated hereon.
we Stamps
Circuit Clerk and Ex-ofAcio do
by
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NAME OF FILE: Ordinance No. 4384
CROSS REFERENCE:
04/02/02 Ordinance No. 4384
Exhibit AA@ (Legal Description)(RZN oz - i• oo)
04/30/02 Bill of Assurance from M.B.B. Investment Corp. (T. Brock Thompson,
President)
04/09/02 E-mail from Richard P. Osborne, Attorney at Law, to Heather Woodruff,
City Clerk, regarding Brock Thompson Rezoning
01 /18/02 Planning Division Correspondence
01/07/02 Planning Division Correspondence
01 /14/02 Planning Commission Minutes (Pages 12-24)
02/05/02 Staff Review Form
04/29/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
NOTES:
• BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to obtain approval of a request for a zoning reclassifacation, the owner of
this property, (hereinafter"petitioner") M.B.B. Investment Corp., 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,
Arkansas, and agrees that if Petitioner of Petitioner's 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 reasonably
rely upon all of the terms and conditions with 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 :
The structures will be 75% brick exterior
• = The structures will be one story
Extensive landscaping package
Sodded front yards
8 — 12 Mature trees
Privacy fencing for the property.
Drainage control — Detention pond
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 Resolution of the
Fayetteville City Council. The Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and
shall be noted on any Final Plat or Large Scale Development which includes some of all
of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, M.B.B. Investment Corp. as the owner (Petitioner) voluntarily offers all
such assurances.
M.B.B. Investment Corp.
y,y By s�
X v { b� BROCK THOMPS N
y •. s
President
• 6 ,
=4 `• .y
ORDINANCE NO. 4384
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-1 .00 FOR A PARCEL
CONTAININGAPPROXIMATELY 1 .36 ACRES AND LOCATED
AT 1140 HENDRIX AND 110 GARLAND, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY4Ze4M ITS
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 R-1, Low Density Residential to R-1 .5, Moderate Density Residential as
shown in Exhibit AA@ attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this 2nd day of April, 2002.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
Heather Woodruff - Brock Thompson _ - Pagel
From: "Richard P. Osborne" <RPOLaw@Lawyer.com>
To: "Fayetteville City Clerk" <hoodruff@ci.fayetteville.ar.us>
Date: 4/9/02 2:04PM
Subject: Brock Thompson
Hon. Heather Woodruff
Fayetteville City Clerk
By E-Mail
Re: Brock Thompson Rezoning
Dear Heather:
I know that you and Kit are awaiting receipt of the Bill of Assurance for
Brock's rezoning. I will get with Brock as soon as possible and get it to
you. Just wanted to let you know.
Thanks.
Rick
Richard P. Osborne, Attorney
26 East Center Street
Fayetteville, AR 72701
Office 479-521 -5555
Fax 479-444-0000
Copies: Hon. Kit Williams
City Attorney
Brock Thompson
CC: "Fayetteville City Attorney" <kwilliams@ci.fayetteville.ar.us>, "Brock Thompson"
<b ro c k a n d n i k i @ m a i l.co m>
FAYETTE V ILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
THRU: Hugh Earnest, Urban Development Director
FROM: Tim Conklin, A.I.C.P., City Planner
DATE: January 18, 2002
BACKGROUND
RZN 02- 1 .00 was submitted by Robert Schmitt for property located at 1140 Hendrix and 110
Garland. The property is zoned R- 1 , Low Density Residential and contains approximately 1 .36
acres. The request is to rezone to R- 1 .5, Moderate Density Residential.
The applicant is requesting that this property be rezoned from R- 1 , Low Density Residential, to
R- 1 .5, Moderate Density Residential. The property, for many years has appeared on the City' s
zoning map to already be R- 1 .5, however it has been determined that this was the result of a
drafting error and the property is in fact currently zoned R- 1 . The applicant did rely on the City's
zoning map when considering the purchase of this property. After he had closed on the property
and requested a lot line adjustment, the drafting error was discovered.
This drafting error occurred during the process of converting the official City zoning map from a
hand drawn graphic to a digitized document that can be edited and displayed via computer
graphics, an error was made. This error was discovered by the City when a project proposal was
reviewed for the subject property. Staff researched this area of the map and determined that the
property was zoned R- 1 , Low Density Residential on the City's 1970 zoning map and that no
change had occurred since that time. Planning Division as well as City Clerk files were
thoroughly searched to ensure that no ordinance had been approved changing this zoning
designation to R- 1 .5, Moderate Density Residential.
The subject property is located at the northwest comer of Garland Ave. (Hwy 112) and Hendrix
Street. Garland is classified a principal arterial on the City's adopted Master Street Plan and is a
heavily traveled thoroughfare.
CURRENTSTATUS
The Planning Commission voted 5-4-0 to recommend the City Council approve the requested
rezoning from R- 1 to R- 1 .5 with a Bill of Assurance limiting the number of dwelling units to a
maximum of nine dwelling units.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the requested rezoning.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 024 .00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .36 ACRES AND LOCATED AT 1140
HENDRIX AND 110 GARLAND, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY ROBERT SCHMITT,
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 R. 1 , Low Density Residential to R- 1 .5, Moderate Density Residential as
shown in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this day of , 2002.
APPROVED:
DRAFT
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 8,
TOWNSHIP 16NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT: BEGINNING AT A POINT WHICH LIES SOUTH 765 .00 FEET, WEST 30.00
FEET FROM THE NORTHEAST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE
S00° 12'40"W 104.71 FEET, THENCE WEST 330.00 FEET, THENCE N00° 12'38"E 104.96 FEET
THENCEN89°57'22"W 59.91 FEET, THENCEN00°00'36"W 104.94 FEET, THENCE EAST 237.01
FEET, THENCE S00002'4211W 105.09 FEET, THENCE S89057122"E 153 .00 FEET TO THE POINT
OF BEGINNING CONTAINING 1 .37 ACRES MORE OR LESS.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: January 7, 2002
RZN 02-1 .00 Rezoning (Schmitt, pp 404) was submitted by Robert Schmitt for property located
at 1140 Hendrix and 110 Garland. The property is zoned R- 1 , Low Density Residential and
contains approximately 1 .36 acres. The request is to rezone to R-1 .5, Moderate Density
Residential.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: January 14, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: February 5, 2002 (1 " reading)
Comments:
H:t USERSICOMMOMDAKA71REPOR7SIPC12002_reporislschmitl_mn02-Noc
a �►
BACKGROUND:
The applicant is requesting that this property be rezoned from R-1 , Low Density
Residential, to R-1 .5, Moderate Density Residential. The property, for many years has
appeared on the City's zoning map to already be R-1 .5, however it has been determined
that this was the result of a drafting error and the property is in fact currently zoned R-1 .
The applicant did rely on the City's zoning map when considering the purchase of this
property. After he had closed .on the property and requested a lot line adjustment, the
drafting error was discovered.
This drafting error occurred during the process of converting the official City zoning map
from a hand drawn graphic to a digitized document that can be edited and displayed via
computer graphics, an error was made. This error was discovered by the City when a
project proposal was reviewed for the subject property. Staff researched this area of the
map and determined that the property was zoned R-1 , Low Density Residential on the
City's 1970 zoning map and that no change had occurred since that time. Planning
Division as well as City Clerk files were thoroughly searched to ensure that no ordinance
had been approved changing this zoning designation to R-1.5, Moderate Density
Residential.
The subject property is located at the northwest corner of Garland Ave. (Hwy 112) and
Hendrix Street. Garland is classified a principal arterial on the City's adopted Master
Street Plan and is a heavily traveled thoroughfare.
SURROUNDING LAND USE AND ZONING
North: Single family home, R- 1
South: Single family home, R- 1
East: Single family home, R-2
West: Single family home, R- 1
INFRASTRUCTURE:
Access to this site is available and constructed. The project site is located at the northwest corner
of Hendrix Street and Garland Ave. Garland is classified a principal arterial on the City's
adopted Master Street Plan. Utilities are available to the site currently. There are two existing
small homes on the property which have been occupied. Upon redevelopment any upgrades or
extension of utilities to serve this site will be the responsibility of the developer.
H:I USERSICOMMOMDAWMREPOR7SIPC11002-mporisLschmitt_nn02-Idoc
