HomeMy WebLinkAboutOrdinance 4407 ORDINANCE NO. 4407
AN ORDINANCE NULLIFYING AND REVOKING'
REZONING ORDINANCE NO. 3750.
WHEREAS, Ordinance No. 3750 rezoned that property described in rezoning
petition R93-50 for a parcel containing approximately 0.97 acres located at 2220 E.
Huntsville Road from R- 1 , Low Density Residential District to I-2, General Industrial
District; and
WHEREAS, the property owner voluntarily offered to execute a bill of assurance
to limit the use of the property to only meat packing operations; and
WHEREAS, the bill of assurance proffered by the property owner specifies that
in the event that the property is not used for meat packing operations, the zoning on the
parcel would revert to R- 1 , Low Density Residential; and
WHEREAS, the property has not been used for meat packing operations for
several years.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Ordinance No. 3750 is hereby nullified and revoked and the
property described therein as set out in Exhibit A attached hereto is hereby changed back
to its original zoning classification as follows:
From 1-2, General Industrial District to R- 1 , Low Density Residential District.
Section 2. That the official zoning map of the City of Fayetteville, Arki�, as� �-I
is hereby amended to reflect the zoning change in Section 1 above. cn ti rn
a3 ? o 0
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PASSED and APPROVED this the 16"' day of July, 2002. Dom, Co �
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APP E " C)
, �t• . FAYf �� ! By: o
DA COODY, Mayor `
�, ;y��; ,,Y°fit• �
City Clerk
20 ;J � 1 1 57
• • Ord . 4407
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ 93-50.00
(ORDINANCE NO. 3750)
PART OF THE NW '/4 OF THE NE '/4 OF SECTION 23, TOWNSHIP 16 NORTH,
RANGE 30 WEST, DESCRIBED AS BEGINNING 326.26 FEET SOUTH AND 334. 77
FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF THE NORTHEAST QUARTER, THENCE EAST 210 FEET, THENCE SOUTH
192.6 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS STATE
HIGHWAY 16, THENCE ALONG SAID RIGHT-OF-WAY LINE S 850 15' 46" W
210. 72 FEET, THENCE NORTH 210 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.97 ACRES, MORE OR LESS.
20152' 1713% 3
I, Bette Stamps, Circuit Clerk and Ex-offido Recorder
for Washingtan Count', Arkansas, do hereby certrty
that this Instrument was flied for record in my office as
indicated hereon and the same is MOW duty recorded
with the acknowledgement and certifioate thereon
in Record Book and Page as Indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the sae] of said Court on the date indi-
cated hereon.
Bette Stam s
Circuit Cler ando cio ecorder
by
i
NAME OF FILE: Ordinance No. 4407
CROSS REFERENCE:
07/16/02 Ordinance No. 4407
Exhibit "A" (Legal description for RZ 93-50.00/Ordinance No. 3750)
06/24/02 Planning Division Correspondence to Fayetteville City Council
06/18/02 Planning Division Correspondence to William Sweetser from Dawn .
Warrick, Senior Planner
06/17/02 Real Estate Parcel Information
12/31/93 Bill of Assurance
12/21/93 Minutes of City Council Meeting (Ordinance No. 3750, page 97)
11/22/93 Planning Commission Minutes (Page 8)
12/21 /03 Copy of Ordinance No. 3750
07/16/02 Staff Review Form
07/18/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk
NOTES :
0 0
ORDINANCE NO.
AN ORDINANCE NULLIFYING AND REVOKING REZONING
ORDINANCE NO. 3750.
WHEREAS, Ordinance No. 3750 rezoned that property described in rezoning
petition R93-50 for a parcel containing approximately 0.97 acres located at 2220 E.
Huntsville Road from R- 1 , Low Density Residential District to I-2, General Industrial
District; and
WHEREAS, the property owner voluntarily offered to execute a bill of assurance
to limit the use of the property to only meat packing operations; and
WHEREAS, the bill of assurance proffered by the property owner specifies that
in the event that the property is not used for meat packing operations, the zoning on the
parcel would revert to R- 1 , Low Density Residential; and
WHEREAS, the property has not been used for meat packing operations for
several years.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Ordinance No. 3750 is hereby nullified and revoked and the
property described therein as set out in Exhibit A attached hereto is here by changed back
to its original zoning classification as follows:
From I-2, General Industrial District to R- 1 , Low Density Residential District.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas,
is hereby amended to reflect the zoning change in Section 1 above.
PASSED AND APPROVED this day of 2002.
APPROVED:
By:
Mayor
ATTEST:
By:
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR R93-50
(ORDINANCE NO. 3750)
Part of the NW %4 of the NE %4 of Section 23, Township 16 North, Range 30 West,
described as beginning 326.26 feet South and 334.77 feet East of the Northwest Comer of
said Northwest Quarter of the Northeast Quarter, thence East 210 feet, thence South
192.6 feet to the North right-of-way line of Arkansas State Highway 16, thence along
said right-of-way line S 85° 15 '46" W 210.72 feet, thence North 210 feet to the point of
beginning, containing 0.97 acres, more or less.
PI
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM : Dawn T. Warrick, Senior Planner
THRU: Hugh Earnest, Urban Development Director
DATE: June 24, 2002
BACKGROUND
R93-50 was approved by the Fayetteville City Council December 21 , 1993 with ordinance no.
3750. This action rezoned a small parcel of property (approximately 0.97 acres) at 2220 E.
Huntsville Rd. for the specific use of a meat packing operation. The City Council at the time of
rezoning did accept a bill of assurance from the property owner with the following conditions:
1 . "To limit the use of the property only to meat packing operations.
2. That, in the event that the above condition is not met, that zoning on the parcel would
revert to R- I ."
The original zoning on the property was R- 1 , Low Density Residential. The action of the City
Council with ordinance no. 3750 changed the zoning of the described property to I-2, General
Industrial.
In recent months, the Planning Division has had several inquiries regarding this property. It has
been vacant for some time. The property owner visited with staff in January of this year and
requested that no action be taken to change the zoning of the property until after February 15,
2002. Staff has notified the property owner that a request is being processed for City Council
consideration of an ordinance to change the property' s zoning designation back to R- 1 , Low
Density Residential as required by the bill of assurance.
CURRENT STATUS
Planning staff has prepared an ordinance and background materials for City Council
consideration. This item has not been heard by the Planning Commission.
RECOMMENDATION
Staff recommends approval of the rezoning.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE P
c
0
June 18, 2002
Mr. William Sweetser
590 West Poplar Street
Fayetteville, AR 72703
Re: Property at 2220 E. Huntsville Rd., Fayetteville
Formerly Mhoon Beef Company
Dear Mr. Sweetser:
This letter is to follow up on our conversation early this year regarding the zoning and use of the above
mentioned property. As you are aware, the use of this property is restricted to meat packing operations, by
means of a bill of assurance proffered by the previous owner. A condition of the rezoning which allowed
the property to be used for meat packing was that unless the property was used for that specific purpose,
the zoning would revert back to R- 1 , Low Density Residential.
When you met with Tim Conklin and myself regarding the above mentioned property, we decided that it
would be appropriate to wait until mid February to process the necessary documents to change the zoning
from Industrial back to Residential as is the condition of the zoning approval that was granted by the City
Council in 1993 . Obviously it is well past mid February, and the Planning Division has now prepared
_... .
documentation to process a nullification of the previous zoning ordinance to the City Council for action.
This item will be placed on the City Council agenda for July 16, 2002.
Should you have any questions regarding this information, you may contact the Planning Division at 575-
. 8264.
Sincerely,
J,L�j.
Dawn T. Warrick
Senior Planner
cc: Tim Conklin, City Planner
Hugh Earnest, Urban Development Director
Kit Williams, City Attorney
H. IUSERSICOAIHfOMDAMM2001CorrespondenceLtweetser hunts ille_rezonet"
Real Estate Parcel Information • . Page 1 of 2
Record 10f 1 Last Updated 06/17/02
Parcel Number: 765-15187- Prev. Parcel Number: 148260-000- Type: Cl
000 00
Location: 0
Owner Name: SWEETSER, WILLIAM G. & KELLY L.
Mailing Address: 590 W POPLAR FAYETTEVILLE AR 72703
Lot: Block: S-T-R: 23-16-
30
Addition: 23-16-30 FAYETTEVILLE OUTLOTS
School District: FAYETTEVILLE SCHOOLS Tax District:
011
City: FAYETTEVILLE
Legal: PT NW NE 1A 210/194.21/210.39/210
Current Year A79 Credit Status: V
Last Assessed: 2001 Appraised Value Taxable Value
Land 84,300 14,901
Improvement 15,750 3150
Total 1009050 18,051
Tax History
Ad Imp. Timber Voluntary Total Total A79 A79 Payment
Year Valorem Dist. Tax Tax Tax Tax Credit Status Status
Tax Tax Paid
2001 $937.93 $0.00 $0.00 $0.00 $937.93 $0.00 $0
2000 $861 .53 $0.00 $0.00 $0.00 $861 .53 $861 .53 PAID
1999 $840.19 $0.00 $0.00 $0.00 $924.21 $924.21 PAID
1998 $841 .83 $0.00 $0.00 $0.00 $973.11 $973.11 PAID
1997 $841 .83 $0.00 $0.00 $0.00 $969.91 $969.91 PAID
1996 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID
1995 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID
Available Tax Payment Receipt(s)
Year Receipt Ad Valorem Imp. Dist. Timber Voluntary Penalty payment
# Tax Tax Tax Tax Tax
2000 11923 $861 .53 $0.00 $0.00 $0.00 $0.00 $861 .53
1999 14364 $840.19 $0.00 $0.00 $0.00 $84.02 $924.21
1998 3395 $841 .83 $0.00 $0.00 $0.00 $131 .28 $973.11
Deed History
Date Book Page Granteel Grantee2 Deed Sale Revenue
Type Amount Amount
SWEETSER,
10123/20012001 135102 WILLIAM G. & WD 55,000 181 .50
KELLY L.
LRR 2001 -135102 WD 181 .50 (55M)
MCILROY BANK BANKING
1/11/1999 99 5396 & TRUST, AN CORP. CD 0 0.00
AR
KRB 99-5396 CD NO REV
. . ./RParcellnfo.asp?BS=N&HN= 1 &LU=061702&PH=25&PT=R&SB=Name&SID=020618096/18/2002
Real Estate Parcel Information • Page 2 of 2
HEATH,
9/23/1996 96 60478 MICHAEL & WD 67,000 221 .10
LORI L.
KDC 96-60478 WD $221 . 10 (67M)
9/2411993 93 55504 WATSON, OC 0 0.00
DANNY RAY
QCD NO REV FR ROBERT D. MHOON ET UX. 93-55505 - QCD NO
REV FR JIM WATSON ET UX.
1/1/1985 935 174 WATSON, JIM & 0 0.00
DANNY RAY
Next Item I Previous Item I Return to Search Results I Modify, Search I New Search
. . ./RParcelInfo.asp?BS=N&HN= 1 &LU=061702&PH=25&PT=R&SB=Name&SID=020618096/18/2002
BILL OF ASSURANCE
Comes now DANNY WATSON , Owner of MHOON BEEF , hereby covenant and
agree to the following conditions for that property hereinafter
described :
1 . To limit the use of the property only to meat packing
operations .
2 . That , in the event that the above condition is not met , that
zoning on the parcel would revert to R- 1 .
Subject property is located at 2220 E . Huntsville Road and is more
particularly described as follow , To -Wit :
Part of the NW1 / 4 of the NE1 / 4 , Section 23 , T- 16 -N , R- 30 -W ,
described as beginning 326 . 26 ft . South and 334 . 77 ft . East of the
NW corner of the said NW1 / 4 of the NEI / 4 , thence East 210 ft ,,
thence South 192 . 6 ft , to the North right of way line of Ar . St ,
Hwy . 16 , thence along said right of way line S85 15 ' 46 " W 210 . 72
ft . , thence north 210 ft . to the point of beginning , containing
0 . 97 acre , more or less .
The undersigned agree that their successors and assigns shall be
bound by this Agreement , and that this Agreement shall constitute
a covenant running with the land and shall be binding on any
transferee from the undersigned owner in the event of a sale or
conveyance of said property , or any part thereof at a future date .
04 94000153
1 • •
IN WITNESS whereof the undersigned do affix his signatures hereto
this 3rd day of December , 1993 in Fayetteville , Arkansas ,
Danny /Watson , Owner
STATE OF ARKANSAS )
SS
COUNTY OF WASHINGTON )
ON THIS day personally appeared before the undersigned , a Notary
Public within and for the County and State aforesaid , duly
qualified , commissioned and acting , DANNY WATSON , to me well known
as the person who signed the above BILL OF ASSURANCE and the
current owner of the subject property , and stated he had executed
the same for the considerations and purposes mentioned and set
forth .
``ttgpNUp4'a„ � .CPt �C.t..B„CO . �
otary Public
co
cTA
o . �
sP0 y ;
94000154
308 • •
December 21, 1993
Frederick stated if the City did not acquire this easement, the
airport would lose its minimum standards which would render it
useless in any conditions other than VFR.
Upon roll call, the ordinance passed by a vote of 8 to 0.
ORDINANCE 3748 APPEARS ON PAGE 8? OF ORDINANCE BOOK AX VII
ANNEXATION & REZONE R93-22
Mayor Hanna introduced consideration of an ordinance annexing 233
acres located on the east side of Salem Road and north of Mt.
Comfort and rezoning the land from A-1, Agricultural, to R-1, Low
Density Residential, as requested by Mel Milholland on behalf of
Howard Davis for JED Development. The Planning Commission voted 6-
2-0 to recommend the annexation and rezoning subject to phasing the
entire development to planned infrastructure improvements.
City Attorney Jerry Rose read the ordinance. Williams, seconded by
Odom, made a motion to suspend the rules and place the ordinance on
its second reading. Upon roll call, the motion passed by a vote of
8 to 0, and the City Attorney read the ordinance for the second
time. Miller, seconded by Edens, made a motion to further suspend
the rules and place the ordinance on its third and final reading.
Upon roll call, the motion passed by a vote of 8 to 0, and the City
Attorney read the ordinance for the third time.
Upon roll call, the ordinance passed by a vote of 8 to 0.
ORDINANCE 3749 APPEARS ON PAGE OF ORDINANCE BOOK K X v /I
REZONE R93-50
Mayor Hanna introduced consideration of an ordinance rezoning .97
acres located at 2220 E. Huntsville Road from R-1, Low Density
Residential, to I-2, General Industrial, as requested by Jim and
Danny Watson. The Planning Commission voted 8-0-0 to recommend the
rezoning subject to a Bill of Assurance offered by the applicant
restricting the use of the site only for meat packing purposes.
City Attorney Jerry Rose read the ordinance. Williams, seconded by
Odom, made a motion to suspend the rules and place the ordinance on
its second reading. Upon roll call, the motion passed by a vote of
8 to 0, and the City Attorney read the ordinance for the second
time. Williams, seconded by Miller, made a motion to further
suspend the rules and place the ordinance on its third and final
reading. Upon roll call, the motion passed by a vote of 8 to 0,
and the City Attorney read the ordinance for the third time.
Upon roll call, the ordinance passed by a vote of 8 to 0. ,
ORDINANCE 3750 APPEARS ON PAGE 97 OF ORDINANCE BOOK Xx VII
0
Future Landuse
0
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Planning Commission
• November 22, 1993
Page 8
PUBLIC HEARING - REZONING R93-50
JIM & DANNY WATSON - 2220 E. HUNTSVILLE
The next item was a public hearing for Rezoning R93-50 submitted by Jim and Danny
Watson for property located at 2220 E. Huntsville Road. The request is to rezone
.97 acres from R-1, Low Density Residential, to 1-2, Heavy Industrial.
Mr. Conklin explained the applicant had petitioned for I-2 zoning in order to add
on to the existing building. He pointed out that, under Section 160.135, a
nonconforming use, such as Mhoon Beef, could not be enlarged or expanded within
an R-1 zone. He explained the existing structure on the site had been used as
a meat packing plant by Mhoon Beef for over 30 years. He advised 1-2 (Unit 23)
was the only zone which allowed meat packing as a use by right.
He stated the applicant had voluntarily offered a Bill of Assurance restricting
the use of the land to only meat packing. He explained this project would not
be required to go through Large Scale Development since the addition would not
exceed 10,000 square feet.
He reviewed surrounding land use and zoning: to the north was vacant land zoned
R-1, to the east was developed as single family and zoned R-1, to the south was
developed commercially and zoned C-1, and to the west was developed as single
family and zoned R-1.
Mr. Conklin recommended approval of the requested rezoning with the acceptance
of the Bill of Assurance offered by the applicant restricting the use of the site
for meat packing uses only. He pointed out the use had existed on the subject
Bite for over 30 years and the applicant was requesting the rezoning in order to
expand the existing operation.
Ms. Britton asked if vegetative screening would be required around the subject
property.
Ms. Conklin explained either vegetation or fencing would be required on three
sides (the north, west and east).
Mr. Reynolds advised he had discussed the rezoning with the neighbors and they
had no objections to the rezoning. He pointed out the business had been located
at the site for over 30 years.
MOTION
Mr. Reynolds moved to recommend approval of the rezoning subject to staff
comments.
Mr. Pummill seconded the motion.
The motion carried 8-0-0.
•
RECORD
3 PM1 p1
WASh'l1;G.UN CO AR
A. KOLL!MEycp
ORDINANCE NO. 3750
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R93-50 FOR A PARCEL
CONTAINING APPROXIMATELY 0.97 ACRES LOCATED AT
2220 E. HUNTSVILLE REQUESTED BY JIM AND DANNY
WATSON.
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:
R93-50 for the real property described in Exhibit "A" attached hereto and made
a part hereof.
From R-1, Low Density Residential District to I-2, General Industrial District.
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 21st day of December , 1993.
APPROVED:
By:
red Hanna, Mayor
ATTEST:
fill -
By: p
Sherry L. Thomas, City Clerk
T
•
94000151
H.
EXHIBIT "A"
LEGAL DESCRIPTION FOR R93-50
Part of the NW 'k of the NE 'A of Section 23, Township 16 North, Range 30
West, described as beginning 326.26 feet South and 334.77 feet East of the
Northwest Corner of the said Northwest Quarter of the Northeast Quarter, thence
East 210 feet, thence South 192.6 feet to the North right-of-way line of Arkansas
State Highway 16, thence along said right-of-way line S 85' 15'46" W 210.72
feet, thence north 210 feet to the point of beginning, containing 0.97 acres, more
or less.
94000152
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of July 16, 2002.
FROM:
Tim Conklin Planning Urban Development
Division Department
ACTION REQUESTED: To approve an ordinance nullifying and revoking
rezoning ordinance No. 3750 for property described in zoning
petition R93-50 for a parcel containing 0.97 acres located at 2220
E. Huntsville Road from R-1, Low Density Residential District to I-
2, General Industrial District.
COST TO CITY:
$0
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:
A ntin Map nager Date ADA Coordinator Date
City Att rney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval.
Datt e�_
LC (�
Da e
7th
Dir ctor
ayor I P 741
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
I
FAYETTEVI?LE
THE CITY OF FAYETTEVIIIE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, City Planner
From: Heather Woodruff, City Clerk
Date: July 18, 2002
Please find attached a copy of Ordinance No. 4407 nullifying and revoking rezoning Ordinance
No. 3750 (rezoning petition R93-50 containing approximately 0.97 acres located at 2220 E.
Huntsville requested by Jim and Danny Watson). The original will be microfilmed and filed
with the City Clerk.
cc: Nancy Smith, Internal Audit
Jut
I S
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Lega Clerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference
�t/o,thhhe files of said publication, the advertisement of:
�/�i`(1`r was inserted in the regular editions on
** Publication Charge: $ /D4, /1
Subscribed and sworn to before me this
day of 2002.
Official Seal
�� TAMMY ALLEN ORDINANCE NO 4407
a�rp• AN ORDINANCE NUWFYINO AND REVOICNG REZONING
My mmLquo
ORDINANCENO 3750"
WASHINGTO 1 / j-2011 WHEREAS, Ordinance No., 3750 rezoned that property
My CptT1rt1iSS1O Expires tlescribedcontaln 'In rezmkg petairxi'. R93-50 fora parcel rg
approximately. 0.Q7 acres Iopated at 2220 E Hurtsvitle Road from Cn
R-1. Low Denyy4l0 Resdentld DWrbt to 1 2 eneral G
** Please do not pay from Affidavit. Indusidal District and ,
An invoice will be sent. WHEREAo; n prop•
property to ode naps 1
RECEIVED
NOV 132002
CITY OFFAYi i;_v.E
CITY CLERK'S OFFICE
WHEREAS. the bin of
rd to execute a b@ dVassumnce to IImf the use of
he -property owner specifies that in the event that
ns, he"zoring on the parcel would revert to R-1.1
awry neenaInia; anu
IEREAS, the property w rat been usetl for meet Packing operetbns for several years:
iW THEREFORE, BE If ORDAINED BY THE 'WY COUNCIL OF THE CITY OF FA
n 1. That Ordinance No. 3750 hereby n tdied and revoked and IN
I out In Exhlbtt A attached hereto Is hereby changed back to fts orlg
5:,
1-2. Geraretpidustrlel District to R-1. Low Density Rwidentlal Dutrict.
Sedbn 2. That the official zoring nap of the City of Fayet
the zonkg charge In Section I above.
PASSED and APPROVED this the 16th day of Jilt' 2002.
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
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ORD 7162002 4407 NULLIFYING & REVOKING ORD. 3750
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ORDINANCE
NULLIFYING
REVOKING
REZONING ORDINANCE
NO. 3750
MICROFILM
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