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Home My WebLink AboutOrdinance 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 o PASSED and APPROVED this the 16"' day of July, 2002. Dom, Co � :K ;L X� . m � r c n 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