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Home My WebLink AboutOrdinance 4748 ORDINANCE NO, 4 7 4 8 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1524 LOCATED AT 3009306, 310 WEST POPLAR STREET FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE AND R-O, RESIDENTIAL-OFFICE TO C-2, THOROUGHFARE COMMERCIAL 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 and R-O, Residential-Office, to C-2, Thoroughfare Commercial, as shown on 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. Section 3 : That this rezoning is approved subject to the Bill of Assurance offered by the applicant and attached as Exhibit B. PASSED and APPROVED this 6thday of September, 2005. APPROVED: % :G\Z Y O,c i ., _�. ;� By: E :FAYETTEVILLE • ? AN COODY, Mayor .9S •9RK ATTEST: ANSP '' 5TON U„4 UUU� U `, , _ IIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIVIVIIIVIIIILIIVIIIVIIIIIIIIII By: c Doc ID : 009328780005 TVDe : REL Recorded : 11/10/2005 at 01 : 02 : 10 Ph SONDRA SMITH, City Clerk Fee Amt : 820 . 00 Pace 1 or 5 Mashlnoton Countv . AR Bette Stamps Circuit Clerk F1le2005-00050767 de ams= zo EXHIBIT "A" RZN 05-1524 LEGAL DESCRIPTION OF LOTS 149 15 AND 16: LOT 14: BLOCK 1 IN THE REVISED PLAT OF BLOCK 6, PARKER' S PLAT OF VALLEY VIEW ACRES, AND ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. LOT 15 : LOT NUMBERED FIFTEEN ( 15) IN BLOCK NUMBERED ONE ( 1 ) IN PARKER' S PLAT OF VALLEY VIEW ACRES, IN FAYETTEVILLE, ARKANSAS, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LOT 16: LOT NUMBERED SIXTEEN ( 16) IN BLOCK NUMBERED ONE ( 1 ). REVISED PLAT OF BLOCK NUMBERED FIVE (5) IN PARKER' S PLAT OF VALLEY VIEW ACRES, AN ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. 05 09 : 47a Seth McClelland 479 - 571 - 4100 P . 1 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, developer, or buyer.of this property, (hereinafter "Petitioner`) Piz t To a .Q _ hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's 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 Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon aII of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioners property shall be restricted as follows IF Petitioner's rezoning is approved by the FayetteviL'e City Council. / 1. The use of Petitioners property shall be limited to all-a Pee aaw _ll PCf an C- 2 . FJ'at>14 r an ifya 2. ler restrictions including num a of structures u the property are imite 2 , "k Specific activities will not be allowed upon petitioners property include _anif 33 - gdaiY' IiP6 p47epr � 71neh>'• el" orhae, Unif 3Z- seyg .JIq Qrlent-a-1. hasitwss. gni f 35- azetdoa 3 . je (Any other terms or conditions) Zh1 e nw er Coll iz7s c G add117r7nd Aclaeap� scrPehl� a fo MCA/ de leaV 6wegqreen 9h,-4s fads al, q 51da walk, Ar 5Cre4ri Me par i !af-, ' ereeh Preys l<sil� �/on9 the /10rV-h %y o-; be,7tv2h x0,0,5f7 ng 5h r4 b,5 J andG t/ie aaVIhari 4,74 �51X S12aa/e /7 ees alOA7g Soz��G, ar+c� tad t ,S fr-e.Pf' coo � �o-a'�h u1 Yyie �arnmevyccZO design �S1ZZ,. Cfa ""ea . Jul 18 05 09 : 47a Seth McClelland o , p S. 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. 11tis 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 ail the terms and conditions stated above, 1, FLIT To 131 N as the owner, developeror buyer (Petitioner) voluntarily offer all such assurances arid sign my name beiow. Date Printed Came Mo 1 T0&INL PQ. Address Signature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON { And now on this the Z day of OCL , 200.0 appeared beforeme, _ +4d1:>45C — and after being placed upon his/her oath swore or affirmed that he/ she agreed with the terms of the above Bill of Assurance an a her na above. NOTARY PUBLIC Aqy Commission Expires: a2 - a L - 7,C(la official Seal ANDREA HODGES = Pub c-Arkansas WASHINGTON COUNTY MY Cgtwrtission Expires 02-01 -2013 ' ' • ® � .�iF + t ,7 r � ,� + u i tii ^�� , v `��l • V � � �1� :jy ��, t �q }„_ t4 � � ` \'? � tit 1 �•. j IN 44, A A) 1 { � o . VIZ. tj W . S &MON P{ � , IN � �b✓ar X' T;, .-.� 4f y'� 1 i yJ t rpr- vi 1i . `4T r CV1 " t • or K%a Washington County, AR I certify this instrument was filed on and record Din Re 0 Estate and recorded in Real Estate File Number 2005-00050767 Bette Stamps - Circuit Cler by Orb City Council feting of July 19, 2005 9 /c/oA Agenda Item Number q2 ef? CITY COUNCIL AGENDA MEMO 9VJ 05-00? To: Mayor and City Council / Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: July 6, 2005 Subject: Rezoning for HondaPro (RZN 05- 1524) RECOMMENDATION The Planning Commission voted to deny the subject rezoning request rezoning Lots 14, 15, and 16 of the Parker's Plat of Valley View Acres from RSF-4, Residential Single Family — 4 units per acre and R-O, Residential Office, to C-2, Thoroughfare Commercial. BACKGROUND Property description: The subject property consists of three parcels, containing lots 14, 15, and 16 of the Parker's Plat of Valley View Acres. This property is located north of Poplar Street and west of Shady Avenue, which runs parallel to Gregg Avenue. Lots 15 and 16 have been zoned R-O, Residential Office since 1977. Lot 14 is zoned RSF-4, Residential Single-Family — 4 units per acre. There is currently an automotive repair, sales, and auto salvage business operating on lots 15 and 16. This business, HondaPro, leases these two lots and the vacant lot to the west (Lot 14) and has been in operation for two years according to the information supplied by the applicant. Background: In 2002 the owner of Quality Auto Exchange was issued a violation letter for operating an automotive sales business on the subject property and subsequently relocated this business. In March of 2005 , the Planning Division received a complaint for the former lessee regarding the current use of the subject property for automotive sales, service and repair. On March 11 , 2005, a violation letter was sent to the property owner; : who was given 30 days to resolve the situation to the City's satisfaction. With no response from the property owner within the allotted time frame, staff sent a Final Notice to the owner on April 20, 2005 . On May 5, 2005, a representative of Honda Pro submitted an application to rezone the property. It was determined that the applicant would either need an I-2 zoning to allow for auto salvage in addition to the repair and sales or a C-2, Thoroughfare Commercial, if all auto salvage on the property were ceased and salvage cars removed. The applicant has indicated to.staff that he will remove all automobiles currently used for salvage of parts for other repairs and requests a C-2 zoning district so that the existing business may remain in operation at its current location. Proposal: The applicant intends to continue utilizing the existing structure on the property for automotive sales, services and repair. Use unit 17, under which this use is Tblid 4v s //G / as•.t 8/�1os Tido/ld �o ��1 /OSm� 7/ 9/0 I • City Council Sting of July 19, 2005 Agenda Item Number categorized, is not allowed in the RSF-4 or R-O zoning district as a permitted or conditional use. The applicant proposes a rezoning of the subject property to C-2, Thoroughfare Commercial. Public Comment: Staff has received several calls from surrounding property owners who have expressed concern regarding the impact of the rezoning request on the surrounding residential neighborhood. A letter from an adjoining property owner in this single family neighborhood is also included in the staff report. DISCUSSION This item was heard at the regular Planning Commission on June 13, 2005 . The Planning Commission voted 7- 1 -0 to deny the requested rezoning with Commissioner Vaught voting no. The applicant has submitted an appeal of the Planning Commission decision to the City Clerk within the 10-day appeal period. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1524 LOCATED AT 300,306, 310 WEST POPLAR STREET FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE AND R-O, RESIDENTIAL-OFFICE TO C-2, THOROUGHFARE COMMERCIAL. 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: g \g From RSF-4, Residential Single'Family, 4 units per acre and R-O; Residential-Office, to C-2, Thoroughfare Commercial, as shown on Exhibit "A" attached hereto and made s pahereof. Section 2: That the official zoning-map of the City.of�Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Sectional'above. PASSED and APPROVED this\_A y f,, � 2005. g gg ,g APPROVED: By: g DAN GOODY, Mayor \ \1 ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1524 LEGAL DESCRIPTION OF LOTS 14, 15 AND 16: LOT 14: BLOCK 1 IN THE REVISED PLAT OF BLOCK 6, PARKER' S PLAT OF VALLEY VIEW ACRES, AND ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. LOT 15 : LOT NUMBERED FIFTEEN ( 15) IN BLOCK NUMBERED ONE ( 1 ) IN PARKER' S PLAT OF VALLEY VIEW ACRES, IN FAYETTE�VIIEE, ARKANSAS, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK ANDlEX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS LOT 16: LOT NUMBERED SIXTEEN ( 16) INBLOCK NUMBERED ONE ( 1 ). REVISED PLAT OF BLOCK NUMBEREDFIVE (5) IN PARKER' S PLAT OF VALLEY VIEW ACRES, AN ADDITIO1%TO THECITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADBUION ONmFILE IN THE , FFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS . t a" Av 11-7 al t v b ' v. y � mn KEY ARCHITECTURE, INC. P. O . BOX 746 FAYETTEVILLE , ARKANSAS 72702 PH : 479.444. 6066 FAX : 479. 444 . 1445 August 11 , 2005 Jan Gambill, Senior Planning Clerk Planning Division City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Planning Commission Appeal (HondaPro) Dear Ms. Gambill: . This letter is to request that this item be tabled until the next City Council Meeting. Due to a family emergency and a pre-scheduled vacation I will be unable to attend the meeting on August 16`s. i We are currently working on some type of landscape bill of assurance and addressing the council members' concern for this project. If you have any questions, I will be back in the office on Wednesday, August 17a or you may contact Mr. Pat Tobin at (479) 466-9802 or (479) 443- 1338. Thank you, Hannah McNeill Senior Project Manager Making Architecture Accessible e . &/iGes iph/.ecl HONDAPRO 300 W.Poplar St. Fayetteville, AR 72703 (479) 571 -4100 June 21 , 2005 The City of Fayetteville Attention: Jesse Fulcher — Planning Technician 125 West Mountain Fayetteville, AR 72701 Dear Mr. Fulcher: This letter is being forwarded to most respectfully appeal the denial of our recently proposed rezoning request number RZN 05-1524 per the Planning Commissions' decision made on June 13, 2005. Please respond as to how we need to proceed with this appeal from this point. As always, if you should have any questions, or require any documentation from us, please do not hesitate to contact our office Sincerely, ..§k Seth McClelland HondaPro, Owner SM/ch RECEIVED JUN 21 2085 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE