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Home My WebLink AboutOrdinance 4507BILL 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") Ronny W. Pope and Karen A. Pope, hereby voluntarily offer this Bill of Assurance and enter into this binding =_ a agreement and contract with the City of Fayetteville, Arkansas. _ cc s L The Petitioner expressly grants to the City of Fayetteville the .. N _,az o right to enforce any and all of the terms of this Bill of Assurance in = Z -- , the Chancery/ Circuit Court of Washington County and agrees that if = o o °= as 'L Petitioner or Petitioner's heirs, assigns, or successors violate any term of - OUO N — ow�a: this Bill of Assurance, substantial irreparable damage justifying - n>vo, C� o d injunctive relief has been done to the citizens and City of Fayetteville, �OUCOOU+ _ 10OWo0 Arkansas. The Petitioner acknowledges that the Fayetteville Planning = .. a g � Q > Commission and the Fayetteville City Council will reasonable rely upon -p -DEC() all of the terms and conditions within this Bill of Assurance in — o Y Cc LL 3 Y considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' co rezoning is approved by the Fayetteville City Council. r4 O 1. The use of Petitioner's property shall be limited to professional CO office (Use Unit 25) or a single family dwelling (Use Unit 8). 2. Other restrictions including number and type of structures t-4 O upon the property are limited to no additional building shall be N d constructed or placed on the property. LL 3. Ground vegetation in the yard on the property along both sides of the driveway and along Zion Road shall be cleared, or trimmed and maintained, so as not to obscure traffic visibility from Zion Road or the driveway. 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. This 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 or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, Ronny W. Pope and Karen A. Pope, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign names below. Date Signa re and Printed Name 3Uu/ oxcE Y Address e J7-t=y, L /V/P- 71 703 t.• �E �/}2f�✓ j�of�r Signature and Printed Name NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON } n And now on this the 3h -t- day of , 2003, appeared before me, Ronny W. Pope and Karen A. F ope d 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 ame above. N{S,�Xz, TARY PUBLIC My Commission Expires: G -3-// Official Seal LEE A. SILER Notary Public -Arkansas WASHINGTnN COUNTY My Cornmissior spires 10-3-2011 j Washington County, AR I certify this instrument was filed on 06/24/2019 03:19:30 PM and recorded in Real Estate File Number 2019-00018261 Kyle Sylvester - i uit Clerk by ORDINANCE NO. 4507 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-22.00 AS SUBMITTED BY RONNY AND KAREN POPE FOR PROPERTY LOCATED AT 1750 E. ZION ROAD FROM R-A, RESIDENTIAL AGRICULTURAL . TO R-O, RESIDENTIAL OFFICE SUBJECT TO A BILL OF ASSURANCE ATTACHED HERETO AND MADE APART HEREOF, HEREBY REFERENCED AS EXHIBIT "B" 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 RA, Residential Agricultural, to R-O, Residential Office 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 I above. Section 3 . That this rezoning is made subject to the Bill of Assurance attached as Exhibit "B". PASSED and APPROVED this 19`h day of August, 2003 . ; YE APPROVED: A 1 By: DAN GOODY, Mayor BL SOND SMITH, City Clerk Doc ID : 006635840002 T\109 : REL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded : 10/24/2003 at 09 . 15 . 23 AM Fee Amt : 511 . 00 Paoe 1 of 2 Mashinaton County . AR Bette stamps circuit clerk Fi1e2003-00055995 EXHIBIT "A" R7.N 03-22. 00 PART OF THE NE '/4 OF THE SW '/4 OF SECTION 24, T17N, R30W OF THE 511I PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: COMMENCING AT THE NROTHWEST CORNER OF SAID NE '/4, SW '/4 THENCE SO" 11 '39"F, 239.29 FEET THENCE EAST 243 .08 FEET TO THE POINT OF BEGINNING THENCE EAST 148.92 FEET, THENCE S001 1 ' 39"E 585 .00 FEET, THENCE WEST 148 .92 FEET THENCE N001 1139"W 585.00 FEET TO THE POINT OF BEGINNING; CONTAINING 2.00 ACRES MORE OR LESS SUBJECT TO RIGHT OF WAY AND EASEMENTS OF RECORD. Washington County, AR I certify this instrument was filed on . 1012412003 09:15.23 AM and recorded in Real Estate File Number2003,00055995 Bette Stam Circuit Clerk 0 0 NAME OF FILE: Ordinance No. 4507 CROSS REFERENCE : Item # Date Document 1 08/19/03 Staff Review Form w/attachments memo: Mayor & City Council draft ordinance Planning Commission minutes re: RZN 03-22.00 memo: Planning Commission engineering review copy of §161 .03 copy of §161 . 15 Itr to Dawn Warrick memo: Planning Division copy of call log copy of Sweetser Properties letter copy of memo to Planning Commission copy of letter to Planning Commission copy of Pope Rezoning trip generation copy of Planning Commission minutes copy of map copy of map copy of Planning Commission minutes copy of memo to Planning Commission copy of memo to Planning Commission copy of engineering review copy of legal description copy of Future Landuse copy of Close Up View copy of One Mile View copy of Property Store description copy of Property Store description copy of Property Store description copy of Property Store description copy of Property Store description copy of Property Store description copy of photographs copy of photographs copy of photographs NAME OF FILE : Ordinance No, 4507 CROSS REFERENCE: Item # Date Document 1 08/19/03 copy of photographs copy of photographs copy of Bill of Assurance copy of Bill of Assurance letter from Jon Toggle memo to Dawn Warrick 2 09/13/03 Affidavit of Publication STAFFIVIEW FORM - NON-FINANCIAL AGA'riON x AGENDA REQUEST For the Fayetteville City Council Meeting of: August 19, 2003 FROM : Dawn Warrick Planning CP&E Name Division Department ACTION RFQUIRFD: Ordinance Approval . SUMMARY EXPLANATION : R7.N 03-22.00 was submitted by Ronny and Karen Pope for property located at 1750 E. Lion Road. 'fhe property is zoned R-A. Residential Agricultural and contains approximately 2.0 acres. The request is to rezone the property to R-O, Residential Office subject to a Rill of Assurance offered by the applicant at the Planning Commission meeting of July 28, 2003 . STAFF RECOMMENDATION : Staff recommended denial and on July 28, 2003 the Planning Commission voted 7-0-0 to recommend the rezoning be approved by the City Council. I1i/2hi , 7 4e, Received in Mayor's Office D3 Di sion Hllead ate Date 704 torney Date A� Cross Reference: Department Director Date Previous Ord/Restf : X - - a3 Fina ce & Internal Services Dir. Date Orig. Contract Date: 0" 0 '07) Orig. Contract Number: Chic mini. tra ive Officer Dare � New Item: Yes No /,6 � Mayor Date c • • FAYETTEVILLE CC Meeting of August 19, 2003 F11E CITY OF FAYETFEVILLF„ ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 'Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council �S FROM : Dawn Warrick, AICP, Zoning & Development Administrato ` r fHRIJ : Tim Conklin, AICP, Community, Planning & Engineering Services Director DA71 ?: August 1 , 2003 RZN 03-22.00: Rezoning (Pope, pp 136) was submitted by Ronny and Karen Pope for property located at 1750 F. Zion Road. The property is zoned R-A, Residential Agricultural and contains approximately 2.0 acres. The request is to rezone the property R-O (Residential Office). BACKGROUND : Properly description: The subject property is located at 1750 E. Zion Road . There is a three bedroom single family home on the 2 acre tract currently. Surrounding property includes undeveloped property to the north, a topsoil excavation operation to the cast, single family home to the west and south, across Zion Road are multi-family dwellings. While there is a mixture of land uses located on the south side of Zion Road, the north side has remained primarily residential as it is proposed to be according to Fayetteville's Future Land Use Map. Proposal: The applicant proposes to use the existing structure on this property and to convert it to an accountant' s office. The outward appearance of the structure would remain the same with some possible improvements to the driveway and access point onto Zion Road. Request: The request is to rezone the subject property from R -A, Residential Agricultural to R-O, Residential Office. CURRENT STATUS: On .July 14, 2003 , the Planning Commission tabled this item at the request of the applicant. Staff was not recommending in favor of the rezoning. On July 28, 2003 , the Planning Commission voted 7-0-0 to forward this item to the City Council with a recommendation for approval of the rezoning with the offered Bill of Assurance which restricts the use of the property to a professional office or a single family home. RECOMMENDATION: Staff recommends approval of the requested rezoning based on Planning Commission action and the Bill of Assurance offered by the applicant. K. IIL•purte4'02311Y" RFPOR7S'l1ugusl MeciingsV.nO3-22 pope m memo.doc ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-22 .00 AS SUBMITTED BY RONNY & KAREN POPE FOR PROPERTY LOCATED AT 1750 E. ZION ROAD FROM R-A. RESIDENTIAL AGRICULTURAL TO R-O, RESIDENTIAL OFFICE SUBJECT TO A BILL 01: ASSURANCE ATTACHED HERETO AND MADE A PART I IEREOF, HEREBY REFERENCED AS EXHIBIT "B". 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 RSF-4, Residential Single-Family, 4 Units Per Acre, to R-O, Residential Office 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 , 2003. APPROVED: By: DAN GOODY, Mayor ATTEST: By : Sondra Smith, City Clerk CXIIIBIT "A" RZN 03-22.00 PART OF THE NE '/ OF THE SW '/4 OF SECTION 24, 1- 17N, R30W OF TIIE 5 " ' PRINCIPAL MERIDIAN IN WASIIINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: COMMENCING AT THE NROTIIWEST CORNER OF SAID NE '/4, SW '/4 THENCE S0011 ' 39"E 239.29 FEET THENCE EAST 243 .08 FF.F,T TO THE POINT OF BEGINNING TI IENCE EAST 148 .92 FEET, THENCE S0011 '39"E 585 .00 FEET, THENCE, WEST 148.92 FEET THENCE NO° I U39"W 585.00 FF.F.T TO THE POINT OF BEGINNING; CONTAINING 2.00 ACRES MORE OR LESS SUBJECT TO RIGHT OF WAY AND EASEMENTS OF RECORD. Planning Commissio* July 28, 2003 Page 2 RZN 03-22.00: Rezoning (Pope, pp 136) was submitted by Ronny and Karen Pope for property located at 1750 E Zion Road. The property is zoned R-A, Residential Agricultural and contains approximately 2.0 acres. The request is to rezone the property R-O (Residential Office). I loover: Welcome to the Planning Commission meeting for July 28, 2003 . Renee, will you call the roll please'? Roll (:all: Upon the completion of roll call there were seven Commissioners present with Commissioners Ostner and Anthes being absent . Hoover: 'Thank you. The next item of business is approval of the minutes from the July 14, 2003 meeting. Do I hear a motion? Allen: I will move for approval of the minutes. Bunch: Second. Hoover: Call the roll please. Roll Call: Upon the completion of roll call the motion to approve the minutes of the July 14, 2003 meeting was approved by a vote of 7-0-0- Hoover: Next is RZN 03-2200 for property located at 1750 E . 'Zion Road. Dawn, do you have the staff report on that'? Warrick : Yes. This item was tabled at your last Planning Commission meeting by the applicant and representatives of the seller. This is a rezoning request for two acres located at 1750 F. Zion Road. The subject property currently contains a single-family home containing three bedrooms. The surrounding properties include undeveloped property to the north, a top soil excavation operation to the cast, single-family housing to the west and to the south across Zion Road multi-family dwellings. While there is a mixture of land uses located south of Zion Road on the south side the north side has remained primarily residential with a few intermittent uses. The proposal is to utilize the existing structure on the property and convert it to a small professional office with the outward appearance of the structure to remain basically as it is with possible improvements to the driveway and access point onto Zion Road. In order to do that the applicant is requesting to rezone the property from R-A, Residential Agricultural to R-O, Residential Office. With regard to infrastructure, access to the site is from Zion Road. Zion is designated a collector on the Master Street Plan. 'rhe street in this location is not currently constructed to city standards for a collector. There is no curb, gutter or storm drain currently. The ditches on either side are fairly steep. 'To the north the Planning Commission July 28, 2003 Page 3 street is overgrown with vegetation. There is water and sewer available to the site in the form of a 12" water line and an 8" sewer line both along Zion Road. The Future Land Use Plan does designate this particular site as residential and the request for zoning to Residential Office is not consistent with that land use plan designating as residential. The zoning review team did inspect this site prior to the last Planning Commission meeting. Comments from members of the zoning review team are included in your packet. Access and traffic were concerns that were voiced by the majority of the members on the team. With regard to specific findings of staff, the finding with regard to the proposed zoning being consistent with the land use planning objectives, principles and policies the finding is: The requested rezoning is not consistent with the adopted General Plan. This area is designated to be residential on the Future Land Use Map. The Residential Office district has in the past been used as a transition zone and is an appropriate transition zone when areas are called out to be residential . However, the subject property is not located in a transitional area between properties that are single-family and either a higher density residential or a commercial type use. With regard to whether the zoning is justified and/or needed the findings are: The proposed zoning is not needed at this time. 'There are other properties within the general area already zoned or identified on the Future Land Use Map to be developed with office uses. With regard to the finding on whether the proposed zoning would create or appreciably increase traffic danger and connection: The proposed zoning would increase traffic danger in the area. The current condition of Zion Road is not desirable. Site distance, a poorly configured access drive, and the narrow width of Zion Road in this area all affect this site. Any increase in traffic would be detrimental without improvements to the street. With regard to whether or riot this proposal would increase population density: The finding is that it would not. Since the last Planning Commission meeting 1 have supplemented your staff report starting on page 1 . 18. You have a memo and then some additional materials. Included in those materials are a response from Mr. James McCord who is an attorney representing the applicants. That is found starting on page 1 . 19. Included in that is a proposed Bill of Assurance for this particular site and l will defer to Mr. McCord and his clients to present that to you. Also included in your packets starting on page 1 .22 there are some trip generation calculations for the two acre site. '1'lic first is reflecting development of two acres for offices, which would generate approximately 390 vehicle trips per day on an average weekday. The second is for a three employee single-tenant office building, which is the proposal by the applicant, which would generate approximately I I vehicle trips per day and the third calculation is for one single-family dwelling, which would generate approximately 10 vehicle trips per day. Following that information are Planning Commission minutes from July 14, 1986. 1'hesc minutes reflect a request Planning Commissiol July 28, 2003 Page 4 for rezoning the subject property from Agricultural to Residential Office, which is the same request that you are hearing at this time. The Planning Commission voted 8-0-0 to deny the rezoning request, which was in support of staffs recommendation for denial at that time. Following that information the last piece that was included are Planning Commission minutes and the staff report for an item that you heard on May 12, 2003 , which was a request to rezone property in this general arca. It is on the south side of 'Lion Road at the southwest comer of Zion and Vantage Drive for rezoning three acres from R-2, Residential Medium Density to R-O, Residential Office. Staff was not in favor of that recommendation and the Planning Commission did fail to make a motion on that item. That information was added for you for your consideration this evening. Staff has not changed our recommendation with regard to this particular request. We do feel that it is inappropriate and recommend denial of the Residential Office request at this time. I louver: ' thank you Dawn. Would the applicant come forward'? McCord: Madam Chair, Commissioners, my name is Jim McCord, I represent Ronny and Karen Pope, the applicants on this requested R-O zoning. We recognize the burden is on the applicant to demonstrate that the proposed R-O zoning is reasonable. To make the determination of reasonableness requires consideration of all relevant factors and not just the General Land Use Plan or Future Land Use Plan, which are merely guides in making a rezoning decision. What I would like to do in demonstrating why this request is reasonable is to go through first the supplemental materials that have been presented to you and then the memorandum that I ' ve submitted, which I' m sure you've read and 1 won' t go through it in its entirety but I would like to summarize it because I think it makes several important points that demonstrate why this request is reasonable. The first on the traffic issue, staff has provided trip generation calculations from the Institute of "Transportation Engineers. I find it interesting to note that the projections from that institute are basically the same for the three person accountant' s office that is being requested in this rezoning and a single- family residence. If you compare those they are nearly identical . Obviously, if you had a big office it would be higher traffic and an irrelevant projection has been included. The traffic issue 1 think is a non- issue because the proposed use of the property would not increase traffic. The Fayetteville Police Department itself found that the proposed rezoning would not substantially increase traffic congestion . You have your own police department and the I .T.E. projections demonstrating no increase in traffic if the proposed use and R-O zoning is approved. As far as the earlier decisions by the Planning Commission on this property, that can be distinguished because the applicant proposed to construct a small office building behind the single- family residence that is on the property. In this