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HomeMy WebLinkAboutOrdinance 4638ORDINANCE NO. 4618 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1189 AS SUBMITTED BY NICK WILSON FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SOUTH SCHOOL AVENUE AND SUNRISE MOUNTAIN ROAD CONTAINING APPROXIMATELY 7.54 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND C-2, THOROUGHFARE COMMERCIAL TO I-1, HEAVY COMMERCIAL, LIGHT INDUSTRIAL 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-A, Residential Agricultural and C-2, Thoroughfare Commercial to I-1, Heavy Commercial, Light Industrial 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 16°i day of November, 2004. 11 ;FAyMEVILLE; By ATTEST: °'0//V ;'r; -••�uwiu••- By: . SO RA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIII IIIII IIIIIVIVIIWIIVIIIIIIIIIIIIII Doc ID: 007927720006 Tvoe: REL Recorded: 12/03/2004 at 11:26:06 AM Fee Amt: $23.00 Pace 1 of 6 Mashlnoton County, AR Bette Stamoe Circuit Clerk File2004-00049497 a 0 EXHIBIT "A" RZN 04-1189 PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF U.S. HIGHWAY NO.71 WHICH IS 15 CHAINS AND 83 1/2 LINKS SOUTH OF THE NORTH LINE OF SAID 40 ACRE TRACT, THENCE WEST 18 CHAINS AND 41 1/2 LINKS TO THE EAST LINE OF THE RIGHT OF WAY OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD; THENCE SOUTH BEARING EAST WITH THE EAST LINE OF SAID RAILROAD RIGHT OF WAY 3 CHAINS 54 1/2 LINKS TO THE NORTH SIDE OF THE PUBLIC ROAD; THENCE EAST 17 CHAINS AND 77 LINKS TO THE CENTERLINE OF U.S. HIGHWAY NO. 71; THENCE NORTHERLY WITH THE CENTERLINE OF SAID HIGHWAY 3 CHAINS AND 29 LINKS OR TO THE PLACE OF BEGINNING, CONTAINING 5.95 ACRES, MORE OR LESS. ALSO: PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSIHP 16 NORTH OF RANGE 30 WEST, DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHERE THE NORTH LINE OF THE ABOVE DESCRIBED 5.95 ACRE PARCEL INTERSECTS THE WEST RIGHT OF WAY OF U.S. HIGHWAY 71, WHICH POINT IS 974.6 FEET, MORE OR LESS, SOUTH OF THE NORTH LINE OF SAID 40 ACRE TRACT, THENCE NORTH ALONG THE WEST LINE OF SAID HIGHWAY RIGHT OF WAY 71.1 FEET; THENCE WEST 1230.1 FEET, OR TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE ST. LOUIS-SAN FRANCISCO RAILROAD; THENCE SOUTHEASTERLY ALONG THE EAST LINE OF SAID RAILROAD RIGHT OF WAY TO A POINT DUE WEST OF THE POINT OF BEGINNING, THENCE EAST TO THE POINT OF BEGINNING. C � • • Bill of Assurance Page l BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner(s), developer, or buyer of this property, (hereinafter "Petitioners") Stan Jackson and John Humphries, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioners or Petitioners' heirs, assigns, or,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 Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners' property described in Exhibit "A" attached hereto shall be limited on the western end of the property. 2. The Petitioners agree that the area labeled as "to be left undeveloped" on the attached Exhibit "B" shall not be developed as buildings, parking lots, or other impervious surfaces. The petitioners reserve the right to deepen the existing pond by removing the accumulated sediment and to construct an outlet structure that will allow .the pond to serve as a detention structure and wet pond. Additionally, the Petitioners reserve the right to plant additional grasses, trees, shrubs, or other landscaping within this area 3. Petitioners specifically agree 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 Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners' property. Bill of Assurance Page 2 IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, Stan Jackson and John Humphries, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. _11-JS-td Date 4000 jGtc�tso�\ % y� Address 7 Date C5�� f�j - Printed Name J ®ti ►� 1-� v t�t,o l� ve es Printed Name Address S v' -71-16z� )ilgnature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the I&J6 day of 604nl h-) 2004, appeared before me, Stan Jackson and John Humphries and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. My Commission Expires: • Bill afAssurance Page 3 EXHIBIT "A" RZN 04- Legal Description for Jackson/Humphries Rezoning - Total tract A part of the Northeast quarter of the Northeast quarter of Section 32 and a part of the Northwest quarter of the Northwest quarter of Section 33, All in Township 16 North, Range 30 West; Being more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of said Section 33, said point being an existing Arkansas Land Monument; thence South 979.52 along the west line of said Northwest quarter of Section 33 to an iron pin for the true point of beginning; thence N89°57'37"E 340.89 feet; thence N89°48'07"E 850.82 feet to the West ROW of US Highway 71B; thence S00°33'58"W 136.82 feet; thence S01000'06"E 57.68 feet; thence S02'01'34"E 63.19 feet; thence SO4°22'21"E 36.95 feet, thence S88°17'59"W 1170.69 feet; thence N11009'26"W 332.29 feet; thence N89°5737E 38.07 feet to the Point of Beginning, containing 8.47 acres more or less, Fayetteville, Washington County, Arkansas. R . gCSNVj - �50. 711 i" 0 w n Wz, i o _r , fir►- ,� , c;., � 0 a C106 i 50 ' Buildiri� Setback Tit o. �• _ - •� �� _�i ^ W4'}�.iAft FIGURE NO. lark Exhibit "B" SCALE: 1"=150' onsulting Jackson - Humphries Rezoning DATE: 11/09/04 PREPARED BY: JSC i -- -- — r washmgton County, AR I certify this instrument was filed on 12/03/2004 11:26:06 AM and recorded in Real Estate File Number 2004-00049497 !y , Be�Stamps -Circuit Clerk D NAME OF FILE: Ordinance No. 4638 w/Ex. A& Bill of Assurance w/Ex. A& B CROSS REFERENCE: Item # Date Document 1 09/30/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 copy of Close Up View 5 copy of One Mile View 6 copy of Future Land Use 7 Staff Review Form 8 copies of Bill of Assurance 9 memo to Dawn Warrick 10 Affidavit of Publication 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: 12/3/04 filed at Wash. Co. Circuit Clerk office ,Z52,/4"o Ids City Council Meeting of October 19, 2004 �q38 Agenda Item Number A CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: September 30, 2004 Subject: Rezoning request for Jackson/Humphries (RZN 04-1189) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 7.91 acres of property from R-A, Residential Agricultural and C-2, Thoroughfare Commercial to I- 1, Heavy Commercial and Light Industrial. BACKGROUND The subject property is located north of Sunrise Mountain Road, west of School Avenue. A majority of the vacant 7.91 acre tract is zoned R-A, Residential Agricultural, and approximately 1.41 acres of the southeast corner of the property is zoned C-2. This and surrounding properties adjacent to School Avenue, the Arkansas Missouri Railroad and Drake Field are designated Industrial on the General Plan 2020. Several of the properties within this area are currently zoned I-1 in accordance with the General Plan. The applicant requested the property be rezoned to 1-1, Heavy Commercial and Light Industrial. The applicant, S& J Properties, a division of JJS Digital Communications, intends to develop a structure to house a digital printing business as well as construct multiple self-service storage units. On September 27, 2004, the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval to rezone the subject property I-1. BUDGETIMPACT None. JaL06A I - fd.,wPhrl4s 44pt- on ww, AI nac%hs i//1 /o � Z41f on Vlee, &I aA.9114J /010716¢ ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1189 AS SUBMITTED BY NICK WILSON FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SOUTH SCHOOL AVENUE AND SUNRISE MOUNTAIN ROAD CONTAINING APPROXIMATELY 7.54 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND C-2, THOROUGHFARE COMMERCIAL TO I-1, HEAVY COMMERCIAL, LIGHT INDUSTRIAL 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-A, Residential Agricultural and C-2, Thoroughfare Commercial to I-1, Heavy Commercial, Light Industrial 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 I" day of November, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: D By: DAN GOODY, Mayor )e 0 aye ARK 1e KANSAS PC Meeting of September 27, 2004 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: September 21, 2004 RZN 04-1189: Rezoning (JACKSON/HUMPHRIES, 717): Submitted by NICK WILSON for property located at NW CORNER OF S SCHOOL AVE AND SUNRISE MOUNTAIN ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 7.91 acres. The request is to rezone the subject property from R-A, Residential Agricultural, and C-2, Thoroughfare Commercial, to I-1, Heavy Commercial, Light Industrial. Submitted on behalf of: STAN JACKSON Submitted on behalf of: JOHN HUMPHRIES Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends rezoning of subject property to I-1, Heavy Commercial and Light Industrial based on findings found herein: PLANNING COMMISSION ACTION: Required YES 9 Approved O Denied Date: September 27, 2004 S"'{ord/( A4C62 g," CITY COUNCIL ACTION: October 19, 2004 BACKGROUND: Required YES O Approved O Denied Property description: The subject property is located north of Sunrise Mountain Road, west of School Avenue. The vacant 7.91 acre tract is zoned C-2, Thoroughfare Commercial, and R-A, Residential Agricultural. Approximately 1.41 acres of the southeast corner of the property is zoned C-2, with the remaining property to the north and west zoned R-A. Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to I-1, Heavy Commercial and Light Industrial. The applicant, S& J Properties, a division of JJS Digital Communications, intends to develop a structure to house a digital printing business as well as construct multiple self-service storage units. Recommendation: Staff recommends approval of a rezoning to I-1, Heavy Commercial and Light Industrial based on the findings included herein. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family residence Standard Register Company RSF-4, Res. Single-family, 4 units/acre R-A, Residential Agricultural I-1, Heavy Commercial & Light Industrial South Dennis Home Furnishings R-A, Residential Agricultural C-2, Thoroughfare Commercial East Vacant RSF-4, Res. Single-family, 4 units/acre West Vacant fields R-A, Residential Agricultural INFRASTRUCTURE: Streets: Currently the site has access to Sunrise Mountain Road. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements will include pavement, curb and gutter, storm drainage and sidewalks. Surrounding Master Street Plan Streets: North: Shiloh Drive (Collector) South: Sunrise Mountain Road (Local) East: School Avenue (Principal Arterial) West: Railroad Water: The property has access to an 8" water main along Sunrise Mountain Road along the south side of this property. This main should be sufficient to provide service to most developments that could occur on the site. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site currently does not have access to sanitary sewer. An off -site sewer main extension will be required to serve this development. The nearest sewer main is an 8" main on the east side of School Avenue. Fire: The subject property is located 3.0 miles from Fire Station #1. Response time to the subject property currently and at maximum build -out is approximately 6 minutes. Police: This area is mainly comprised of a mixture of residential and commercial properties. The line of sight looking south from Sunrise Mountain Rd. is approximately 200 feet and approximately one half mile looking north. This property sets on the lower side of the road and requires added time to merge onto 71 Business. There is a turn lane on this four -lane highway, which aid traffic in entering and exiting the highway. The speed limit is 40 mph. It should be considered that large trucks might find it challenging entering and leaving the roadway in a timely manner. This is the greatest safety consideration we see at this time. We do not anticipate this rezoning request will create a substantial burden on police services nor will it cause a delay in response for police services. LAND USE PLAN: General Plan 2020 designates the site as Industrial. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The Future Land Use map designates the subject property as Industrial. This plan identifies several large areas within the City for industrial use to minimize and concentrate noise, visual, air and water pollution often associated with uses permitted in industrial zones. Those properties identified for industrial use are located within the Fayetteville Industrial Park and adjacent to major rail lines and Drake Field. The subject property is located west of School Avenue, a principal arterial, and east of a railroad line. Surrounding properties to the north and south are zoned and used in compliance with the Future Land Use map. Rezoning the subject property I- 1 is consistent with the land use planning objectives, surrounding uses, and will minimize the impact of industrial uses by concentrating them in one area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The subject property is located adjacent to School Avenue, a Principal Arterial, and is identified as Industrial on the Future Land Use map. That the property is identified for more intensive commercial and industrial use, surrounding properties are zoned and used for like uses, and the close proximity to both a rail line and a principal arterial road justify the need for rezoning the property I-1. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Light industries, some of which have the characteristics of offices, generate more traffic during peak hours. Adjacent Master Street Plan streets and improvements made to Sunshine Mountain Road adjacent to the property at the time of development will facilitate safe traffic movements. The police department has reviewed this request and found that the line of sight looking south from Sunrise Mountain Rd. is approximately 200 feet and approximately one half mile looking north. This property sets on the lower side of the road and requires added time to merge onto 71 Business. There is a turn lane on this four -lane highway, which aid traffic in entering and exiting the highway. The speed limit is 40 mph. It should be considered that large trucks might find it challenging entering and leaving the roadway in a timely manner. This is the greatest safety consideration we see at this time. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The approximately 7.91 acre tract is currently vacant and zoned C-2 and R- A. The proposed zoning to I-1 will not alter the population density resulting in an undesirable increase on the load of public services. The following is a review of available services: Engineering — The property has access to an 8" water main along Sunrise Mountain Road along the south side of this property. This main should be sufficient to provide service to most developments that could occur on the site. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The site currently does not have access to sanitary sewer. An off -site sewer main extension will be required to serve this development. The nearest sewer main is an 8" main on the east side of School Avenue. Currently the site has access to Sunrise Mountain Road. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements will include pavement, curb and gutter, storm drainage and sidewalks. Fire - The subject property is located 3.0 miles from Fire Station #1. Response time to the subject property currently and at maximum build -out is approximately 6 minutes. Police - The police department does not anticipate this rezoning request will create a substantial burden on police services nor will it cause a delay in response for police services. I e 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A 1� 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home'occu ations Unit 36 Wireless communications facilities C Density, Units per acre One-half (D) Bulk and area regulations Lot width minimum 200 ft. Lot Area Minimum: Residential: Nonresidential: 2 acres 2 acres Lot area per dwelling unit 2 acres E Setback re uirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. 161.17 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. 1 Permitted uses. Unit I City-wide uses by right Unit 4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 33 Adult live entertainment club or bar Unit 34 Liquor store 2 Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. F Setback regulations. Front 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. 10 (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. 161.20 District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 6 Agriculture Unit 12 Offices, studios and related facilities Unit 13 Eating laces Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Professional offices Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks (2) Conditional uses. Unit 2 City -wade uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts Front, when adjoiningC, 1, or P districts Side, when adjoiningA or R districts tOft. Side, when ad'oinin C, 1, or P districts Rear, when adjoining C, 1, or P districts 10 ft. (F) Height regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. (G) Building area. None. � A N N N Z Z — A A A 3 J co 00 N L = N C C N O 6 N N N a_ N ' 0 CD N r R D N T CD b_ 0 O ID W 3 � m a � N m N -1 mn m Vl !n In m A T CD 'b N 4f O) C N 0 O 3 0 0 o 3 gg 3m 3 3 o r� m m m m N N N Ch A O Ln 3 3 d 0~ m N 7 3 $' o o 7 _ O N 0 A G A O, A m3 D a v �p 3 3 c ' b 3 3 d o 0 % N N uo3NOv � �4 D D a3md`0' o 03»0 A Uo3NC) (n -y D n3 �'^ On O c ' 3 n a 0 3 v 3 N Z_ % m N N D _Z D 6 m o3 c 3 ^ m n (6a)- This property rezoning request is for 7.8 acres at the nw corner of S. School and Sunrise Mountain Rd. Parcel #765-15510 presently owned by Martha McBride and Camella Morrow Smith. The property is under contract to be purchased by S & J Properties ( Stan Jackson & John Humphries) a division of JJS Digital Communications. (6b)- We are requesting this change to allow us to construct a building to house our digital printing business as well as construct multiple self service storage units. (6c)- We believe our development will fit very well with the surrounding properties. There is a significant amount of industry and commercial development on three sides of the property. Our development will produce very little increase in traffic as our printing business is not a retail "walk-in " business. The storage business would increase traffic slightly due to tenants entering and exiting their units. (6d)- An 8" water line runs along Sunrise Mt. Rd. on the south side directly across the road. A 6" sewer line lies along School Ave. on the east side of the street. Lines would have to be bored under both Sunrise Mt. and School to obtain access. RECEIVED AUG 19 2004 CITY OF FAYETTEVILLE PLANNING DIVISION (7a)- Our request to rezone this parcel I -I is consistent with the existing developments in the immediate area and with the 2020 Master Plan. (7b)- We believe this zoning request is justified to allow the type of development we intend to establish and would place the property within the guidelines set forth in the 2020 Masterplan. (7c)- The development we intend to establish on this property would not create an excessive increase in traffic. At our present location we may have an average of five clients per week entering our office. This is due to the fact that we deal with corporate clients and do not desire, or have, walk in business. The self service storage business would create a minimal amount of traffic due to customers coming in to rent units, although the existing infrastructure would easily handle this increase. (7d)- The two businesses combined will only require a maximum of five employees, so no extensive additional load would be added to public services. (7e)- Only a small portion of the property is presently zoned C-2 with the remainder zoned R-A. The present zoning would not accommodate the development we intend to establish, nor does it fall within the 2020 Masterplan. N AUG 1,9 2004 A Dimon L�J RZNO4-1189 One Mile View RAF N m1m JACKSON/HUMPHRIES * RA !1 RAF N RAF-24 SUBJECT PROPERTY RS 0 I O 1 — Rsrr — --- � � Rd l I f � J— Rp1 RA 1 1 R - faABiTOR�_ AR BAIIEV1r' p RA Overview Legend _ ---- Master Street Plan Subject Property ---- - Boundary ® RZN04-0189 P`` �`PM1ndpg AM1pWI Streets : Planning Area �000a �/Atimr AM1e4al 00000000 Overlay District I I URecbr i/�.Pt'ned Outside City •o•. HAodc Go f 0 0.1 0.2 0.4 0.6 0.8 Miles Lo STAFF REA FORM - NON -FINANCIAL OBLIAION AGENDA REQUEST For the Fayetteville City Council Meeting of: October 19, 2004 FROM: Dawn T. Warrick Name Planning Division ACTION REQUIRED: Ordinance Approval. SUMMARY EXPLANATION: Department RZN 04-1189: Rezoning (Jackson/Humphries, pp 717) was submitted by Nick Wilson for property located at the northwest corner of School Avenue and Sunrise Mountain Road. The property is zoned R-A, Residential Agricultural and C-2, Thoroughfare Commercial and contains approximately 7.91 acres. The request is to rezone the subject property to I-1, Heavy Commercial, Light Industrial. STAFF RECOMMENDATION: Approval k tlLt 22 Received in Mayor's Office %I-0if DivHead Date D isioa e���� City 7V50mey Date Cross Reference: 'Department Director Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: 645 Date Z6 Date Orig. Contract Number: New Item: Yes No Taye evl le AR KANA '.S DEPARTMENTALCORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: November 23, 2004 Re: Ord. No. 4638 City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 cityclerk@ci.fayeffeville.ar.us The City Council passed the above ordinance, November 16, 2004, approving rezoning petition RZN 04-1189 for property located at School and Sunrise Mountain Road. I have attached a copy of that ordinance. This ordinance will be recorded in the city clerk's office and microfilm. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering Bill of Assumnce Page ] BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner(s), developer, or buyer of this property, (hereinafter "Petitioners") Stan Jackson and John Humphries, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioners or Petitioners' heirs, assigns, or 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 Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners' property described in Exhibit "A" attached hereto shall be limited on the western end of the property. 2. The Petitioners agree that the area labeled as "to be left undeveloped" on the attached Exhibit "B" shall not be developed as buildings, parking lots, or other impervious surfaces. The petitioners reserve the right to deepen the existing pond by removing the accumulated sediment and to construct an outlet structure that will allow the pond to serve as a detention structure and wet pond. Additionally, the Petitioners reserve the right to plant additional grasses, trees, shrubs, or other landscaping within this area 3. Petitioners specifically agree 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 Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners' property. Bill ofAssuranre Page 2 IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, Stan Jackson and John Humphries, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. n-►5-t1 Date gwo jai so�x Address Date Address <S V 71�6Z- STATE OF ARKANSAS Printed Name Joti oymyIn►�i�s Printed Name ignature NOTARY OATH COUNTY OF WASHINGTON } And now on this the 1606 day of I lbOEMIAX) 2004, appeared before me, Stan Jackson and John Humphries and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. My Commission Expires: Bill of Assurance Page 3 EXHIBIT "A" RZN 04- Legal Description for Jackson/Humphries Rezoning - Total tract A part of the Northeast quarter of the Northeast quarter of Section 32 and a part of the Northwest quarter of the Northwest quarter of Section 33, All in Township 16 North, Range 30 West; Being more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of said Section 33, said point being an existing Arkansas Land Monument; thence South 979.52 along the west line of said Northwest quarter of Section 33 to an iron pin for the true point of beginning; thence N89°57'37"E 340.89 feet; thence N89°48'07"E 850.82 feet to the West ROW of US Highway 71B; thence S00°33'58"W 136.82 feet; thence S01 °00'06"E 57.68 feet; thence S02'01'34"E 63.19 feet; thence SO4°22'21"E 36.95 feet; thence S88'17'59"W 1170.69 feet; thence Nll°09'26"W 332.29 feet, thence N89°5737E 38.07 feet to the Point of Beginning, containing 8.47 acres more or less, Fayetteville, Washington County, Arkansas. r_ Bill of Assurance Page I BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner(s), developer, or buyer of this property, (hereinafter "Petitioners") Stan Jackson and John Humphries, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioners or Petitioners' heirs, assigns, or 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 Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners' property described in Exhibit "A" attached hereto shall be limited on the western end of the property. 2. The Petitioners agree that the area labeled as "to be left undeveloped" on the attached Exhibit "B" shall not be developed as buildings, parking lots, or other impervious surfaces. The petitioners reserve the right to deepen the existing pond by removing the accumulated sediment and to construct an outlet structure that will allow .the pond to serve as a detention structure and wet pond. Additionally, the Petitioners reserve the right to plant additional grasses, trees, shrubs, or other landscaping within this area . 3. Petitioners specifically agree 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 Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners' property. A1' 0 • Bill of Assurance Page 2 IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, Stan Jackson and John Humphries, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. /1-J5-Cl Date /- Address Date 6 -� �-c�- �1 Printed Name OA 12 k✓ i -es Printed Name Address 7i-76� rignature:4 NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the 166' day of - fo�� 2004, appeared before me, Stan Jackson and John Humphries and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. My Commission Expires: MY NOT o�riG.� Ai GINNY L. Cute 262006 E Bill ofAmrance Page 3 EXHIBIT "A" RZN 04- Legal Description for Jackson/Humphries Rezoning - Total tract A part of the Northeast quarter of the Northeast quarter of Section 32 and a part of the Northwest quarter of the Northwest quarter of Section 33, All in Township 16 North, Range 30 West; Being more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of said Section 33, said point being an existing Arkansas Land Monument; thence South 979.52 along the west line of said Northwest quarter of Section 33 to an iron pin for the true point of beginning; thence N89°57'37"E 340.89 feet; thence N89°48'07"E 850.82 feet to the West ROW of US Highway 71B; thence S00°33'58"W 136.82 feet; thence S01'00'06"E 57.68 feet; thence S02001'34"E 63.19 feet; thence SO4°22'21"E 36.95 feet, thence S88°17'59"W 1170.69 feet; thence N11 009'26"W 332.29 feet; thence N89°57'37"E 38.07 feet to the Point of Beginning, containing 8.47 acres more or less, Fayetteville, Washington County, Arkansas. iw o�.a6 2-- - � a _ m M 0 , ON 1 � 50' Building SetbackFOP S ME FIGURE NO. lark Exhibit "B" SCALE: 1"=150' onsulting Jackson - Humphries Rezoning DATE: 11/09/04 PREPARED BY: JSC Bill ofAssumnm Page 1 • •7 zti 0�tli99 61 B. tAl-&k4 BILL OF ASSURANCE ,J FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner(s), developer, or buyer of this property, (hereinafter "Petitioners") Stan Jackson and John Humphries, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioners or Petitioners' heirs, assigns, or 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 Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners' property described in Exhibit "A" attached hereto shall be limited on the western end of the property. 2. The Petitioners agree that the area labeled as "to be left undeveloped" on the attached Exhibit "B" shall not be developed as buildings, parking lots, or other impervious surfaces. The petitioners reserve the right to deepen the existing pond by removing the accumulated sediment and to construct an outlet structure that will allow .the pond to serve as a detention structure and wet pond. Additionally, the Petitioners reserve the right to plant additional grasses, trees, shrubs, or other landscaping within this area 3. Petitioners specifically agree 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 Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners' property. Bill of Assurance Page 2 IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, Stan Jackson and John Humphries, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. Date C{aoo jac130. Address !A Date o<an f P� Address S v' STATE OF ARKANSAS COUNTY OF WASHINGTON cj �A-,it) ���\ Printed Name Johw 4VMA2kvies Printed Name ignature NOTARY OATH And now on this the L day of _I !Ot}W400 • 2004, appeared before me, Stan Jackson and John Humphries and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. My Commission Expires: Bill of Assurance Page 3 EXHIBIT "A" RZN 04- Legal Description for Jackson/Humphries Rezoning - Total tract A part of the Northeast quarter of the Northeast quarter of Section 32 and a part of the Northwest quarter of the Northwest quarter of Section 33, All in Township 16 North, Range 30 West; Being more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of said Section 33, said point being an existing Arkansas Land Monument; thence South 979.52 along the west line of said Northwest quarter of Section 33 to an iron pin for the true point of beginning; thence N89°5737E 340.89 feet; thence N89°48'07"E 850.82 feet to the West ROW of US Highway 71B; thence S00°33'58"W 136.82 feet; thence S01°00'06"E 57.68 feet; thence S02*01'34"E 63.19 feet; thence SO4°22'21"E 36.95 feet; thence S88°17'59"W 1170.69 feet; thence N11009'26"W 332.29 feet; thence N89°57'37"E 38.07 feet to the Point of Beginning, containing 8.47 acres more or less, Fayetteville, Washington County, Arkansas. NORTHWEST ARKANSAS IWITION Arkansas Demomt ?W (0aziettic AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: ��L '�tt0�� was inserted in the regular editions on �), OaI ** Publication Charge: $ Subscribed and sworn to before me this day of J J)�U� 'LJ2004. Notary Public rrr.:zr:rrrrrrr rrrrrrtrrrrr<rrrrr:` Catherine Sall �e Notary Public, State of Arkansas ; My Commission:Expires ..•--�r�.•nty a �, My Commission Expires 02/27/05 ccccccccccccccccccccccccucccaccccc ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED DEC 0.3 2004 CITY OF FAYMEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 0 Ll OHOIMANCH MO. 46n AN nPn,u.u.._ _ CVlll ARKANSAC ., HH R OHDAd "",..mrrc:✓�L TO I-1, MEAW COM. HD Hy yMH CRY COUNCIL OF 7MH CRy OF FAyFTTMLLE, ARKANHAHI Se[L'on l: TIre11he Zone tlasy�ryai 0/the la b" "e `)ed Moy Sep 2 osltl Wl�bW'A ethW"to "f"� IOMPOrtY sh mN'Canmertlal, ugryl A �20^h9 Warge µp ZoW �^OP of the OtY of FayatteNYe. If �O+ AFFNOyHp SeoflooleCOVe. A sav, IS hereby Wercletl to raAep 1y- R D: ibis lath d3Y of No be , . 3Y: _ 2D04. E7GIIRf -A• R2N 04-1189 i NO. 71; 3 DFWNg AND 29 LINKS OR OR tFRe . WN HAINS p� 12WNING A7A�POINT f 1 CFWNS AND 411U NTME AD TO a cNrA3 C ; TriE,vcE ;AST 17 CFWNS AND I7 NS $41/2 HEALY WITH THE CENT UN TO OF BEGINNING, ERLINE pF CONTAINING 5.95 ' TO T"RR.SEDONNIOF SECTION 33, TOWN. _ NTERSENG ATA POINT EET. MOREOR I.E� H THE �F \LONG THE WEST LINE OF SAID T. OR TO A POINT ON THE EAST wADTTHEN CE SOOIHEAS'rroi v I