HomeMy WebLinkAboutOrdinance 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
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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
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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
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ANDREA HODGES
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WASHINGTON COUNTY
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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
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• 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
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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
I
aIVle
Ye ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 25, 2005
PC Meeting of June 13, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
RZN 05-1524: (HONDA PRO, 367): Submitted by SETH MCCLELLAND for property
located at 300, 306, 310 W POPLAR ST. The property is zoned RSF-4, RESIDENTIAL
f SINGLE-FAMILY — 4 UNITS PER ACRE, and R -O, RESIDENTIAL OFFICE. The request is
I to rezone the subject property to C-2, Thoroughfare Commercial.
Property Owner: PAT and STACY TOBIN Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends denial of the requested rezoning to C-2, Thoroughfare Commercial,
based on the findings herein.
PLANNING COMMISSION
ACTION:
Required
-
'�';'�§*'sz k""� ` . ,
O •Approved
en�3}t,
�"� � "Dted
Date.
June 13, 2005''
~'
r.
1
CIT-Y
COUNCIL ACTION:
Required
YES''' J
.,,E.
• �.
.
O Approved
j (3�,Denied
Date:
July 5,' 2005 (is.' reading
if recommended)
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 RSFA, 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 February 2002, the owner of Quality Auto Exchange submitted a Certificate of
K. Wepora12005LPC ReporaI06-13-051 RZN 05-1524 (nondaPro).doc
Zoning Compliance to establish a used vehicle sales business on the subject property. This type
of use was not permitted in an R -O zoning district, and would require a C-2 zoning. The
Planning Division denied the Certificate of Zoning Compliance and informed the owner that if
the business had initiated, it must be discontinued immediately. Upon inspection of the property
a short time later, staff found that the business was in operation on this site. A violation letter
was issued on April 25, 2002 to the owner. Subsequently, the business did cease operation at this
location.
In March of 2005, the Planning Division received a complaint regarding the 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 1-2 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.
Timeline of Previous Rezoning Requests for the Subject and Surrounding Properties:
Date
Location
Request
Staff Recommendation
Action
1977
Lot 16
Rezone from RSF-4 to
Approval
Granted
R -O
1990
NW corner
Rezone from RSF-4 to
Approval with many
Granted subject to
of Pear St.
C-2
conditions. Approval
a Bill of
and Shady
would allow an illegal
Assurance with
Ave.'
business to stay in
six conditions.
operation.
1995
Lots 15 &
Rezone from RSF-4
Denial
Applicant
16
(Lot 15) and R -O (Lot
withdrew
16) to I -I
rezoning request.
1996
Lot 15
Rezone from RSF-4 to
Approval
Granted
R -O
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 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, to allow for a use
that is compatible and similar in nature to the uses that surround the parcel.
Recommendation: Staff recommends denial of the rezoning request. This area is designated
Residential the future land use plan, which is consistent with the current RSF-4 and R -O zoning
districts.
K:IReporis120051PC Reportsl06-13-051RZN 05-1514 (HondaPro).doc
-1
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Single Family Residential
RSF-4, Res.
Single Family —
4 du/acre
South
Construction Speed Engineering
I-1, Heavy Commercial & Light
Industrial
East
Rail Road Tracts
RSF-4, Res.
Single Family —
4 du/acre
West
Single Family Residential
RSF-4, Res.
Single Family —
4 du/acre
INFRASTRUCTURE:
Streets: Currently the site has access to Poplar Street and Easy Avenue. Road
improvements required for Poplar and Easy at the time of development may
include: right-of-way dedication, widening of pavement, curb and gutter, storm
drainage, and sidewalks.
Surrounding Streets:
North: Pear St. (Local)
South: Poplar St. (Local)
East: Shady Ave. (Local) & Gregg Ave. (Minor Arterial)
West: Easy Ave. (Local)
Water: Public water is adjacent to the site. There is a 6" main along Poplar Street. There
is also a 1.25' main that parallels the 6" main and turns north along Easy Avenue.
Water service would need to be extended within the property at the time of
development. Minimum size of new water mains is 8". Additional connections
may be required to complete a looped system. This may include an off -site
connection to be determined at a later date. No long range improvements to the
water system are planned at this time for this area.
Sewer: The site does have access sanitary sewer. There is an 18" sewer main along Easy
Avenue, and a 6" main along Poplar Street. Sewer would need to be extended
within the property to serve the development.
Fire: The Fayetteville Fire Department has reviewed the request and has estimated that
the response time from Fire Station #2 to the site would be approximately 4
minutes for a distance of 1.6 miles.
Police: It is the opinion of the Fayetteville Police Department that this re -zoning will not
substantially alter the population density and thereby undesirably increase the load
on police services or create and appreciable increase in traffic danger and
congestion in the area.
LAND USE PLAN: The Future Land Use Plan designates this site for Residential use.
Rezoning this property to C-2, Thoroughfare Commercial is not consistent with the land use plan
for this area and is not compatible with surrounding single family residential properties.
K. Weporls120051PC ReporU106-13-051 RZN 05-1524 (HondaPro)-doc
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 proposed rezoning is not consistent with current land use planning
objectives and policies and is not compatible with adjacent properties in the
same district. The property in question is adjacent to parcels zoned RSF-4 to
the north and west. Property to the south, across Poplar Street, is zoned I-1
and is an active industrial area. Property to the east is utilized for the
Arkansas Rail Road and separates the subject property from Gregg Street.
The Future Land Use Plan indicates this property as Residential. A
residential zoning district in this area is compatible with the surrounding
RSF-4 zoning district. A C-2 zoning district, however, will allow for the
operation of businesses that will have a greater impact on the residential
properties.
There is currently a small residential neighborhood located north of the
subject property, accessed by unimproved streets and dense with vegetation.
The rezoning and subsequent development of the subject property will
significantly impact these single family residents. Lots 15 and 16 have been
zoned R -O to allow for the development of offices and residential dwellings
that are more appropriate in this neighborhood as a transitional zoning
district from the RSF-4 zone to the north and 1-1 zone to the south. Lot 14 is
currently vacant and zoned RSF-4, which will allow for development of
single family residential uses. The current zoning districts on each of the
properties are shown to be desirable and appropriate on the Future Land
Use Plan and are compatible with the existing development in this area.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is not justified, as it will not promote orderly and
consistent development patterns. The General Plan 2020 encourages
"defin(ing] appropriate areas and the size of areas for community
commercial districts." The Future Land Use plan and past rezoning requests
considered and acted upon by the City Council indicate that the appropriate
use of the subject property is residential in nature. A Residential Office
zoning district was permitted to allow for some flexibility in use on Lots 15
and 16, to allow for residential and/or office use, as it functions as a
transitional area between the residential neighborhood to the north and the
industrial businesses south of Poplar Street. Rezoning this property is not
only a consideration of compatibility, but as whether the existing
neighborhood should be protected from encroachment.
K:IReportr110051PC Repons106-13-051RZN 05-1514 /HondaPro).doc
The applicant's need to rezone this property is a result of a violation of the
R -O zoning district for operation of an automotive sales and repair business
on Lots 15 and 16 and the desire to utilize/expand said business onto Lot 14,
currently zoned RSF-4.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The existing, non -conforming business on this property generates more
traffic than would a residential development. As currently zoned, the
property could be utilized for office use which could possible generate traffic
on the surrounding streets. Staff finds that rezoning the subject property
would potentially increase traffic on surrounding streets, most of which are
unimproved and narrow, should increased development occur.
Police — It is the opinion of the Fayetteville Police department that an appreciable
increase in traffic danger and congestion will not be created by this rezoning
request.
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 proposed zoning would not substantially alter the population density in
the area. Increased load on public services were taken into consideration
and recommendations from Engineering, Fire, and Police Departments are
included in this report.
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
K-lRepora12005WC Repora106-13-051RW 05-1524 (HondaPro).doc
LJ
161.07 District Rsf-4, Residential Single -Family —
Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is
designed to permit and encourage the development of
low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1
Ci
-wide uses by right
11 Unit 8 1
Single-family
dwellin
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
Two-family
dwellin s
dwellings
Units per
4 or less
7 or less
acre
(D) Bulk and area regulations.
Single-family
dwellin s
I Two-family
I dwellin s
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 s . ft.
12,000 s . ft.
Land area per
dwellin unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
Front
Side
Rear
25 ft.
8 ft.
20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 40% of the total area of
such lot.
K. IReports120051PC ReporaI06-13-05WZN 05-1524 (/londalio).doc
161.15 District R -O, Residential Office
(A) Purpose. The Residential -Office District is
designed primarily to provide area for offices
without limitation to the nature or size of the
office, together with community facilities,
restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by fight
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 11
Manufactured home park
Unit 12
Offices, studios and related services
Unit 25
Professional offices -
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 13
Eating laces
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
( I ) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
-
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured home
ark
4,200 sq.
ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single famil
6,000sq.
ft.
Two-family
6,500 sq.
ft.
Three or more
8,000 sq.
ft.
Fraternity of Soror'
1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses & apartments:
No bedroom
1,000 sq.
ft.
One bedroom
1,000 sq.
ft.
Two or more
1,200 sq.
ft.
bedrooms
Fraternity or Sorority
500 sq. ft.
per resident
(D) Density.
11 Units per acre 1 4 to 24
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the right-
of -way and the building
50 ft,
Side
10 ft.
Side, when contiguous to a residential district
15 ft.
Rear, without easement or alley
25 ft.
Rear, from center line of publLalle
10 ft.
(F) Height regulations. There shall be no
maximum height limits in R -O Districts, provided,
however, that any building which exceeds the
height of 20 feet shall be set back with any
boundary line of any RSF or RMF District an
additional distance of one foot for each foot of
height in excess of 20 feet. '
(G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
area of such lot.
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
KARepor&V 005PC ReporaI06-13-05V1ZN 05-1524 (tlondaffo).doc
Unit
15
Neighborhood shopping oods
Unit
16
Shopping goods
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
Li uor store
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and tility 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.
(E) 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.
(G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
area of such lot.
0 0
May 31, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
In reference to RZN 05-1524 (HONDA PRO, 367): submitted by SETH MCCLELLAND
for the property located at 300, 306, and 310 W. POPLAR STREET. The property is
zoned R -O, RESIDENTAIL-OFFICE. The request is to rezone the subject property to 1-1,
Heavy Commercial, Light Industrial.
It is the opinion of the Fayetteville Police Department that this re -zoning will not
substantially alter the population density and thereby undesirably increase the load on
police services or create and appreciable increase in traffic danger and congestion in the
area.
Sincerely,
Captain William Brown
Fayetteville Police Department
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APPLICATION`, R CERTIFICATE OF ZONING CT4IPUgNCE
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WEST:
FOR OFMiAL USE ONLY.
•PUBLIC SIDEWALK: A aidcwdlc Is «goiled all uleet(s) and mtusoard la acantrta b
sprcifiauons in the City's Sect and SidcvWk Otdmanoe.
*ADDRESS NUMBERS: No perwanow all meter wilt be cet unto pummrm addans ounal (visible Sum die acct wed at ieastde high) me hsadled on
the strudlae.. Flooe IurmI may nne be cI a wiNout appmvd glom the wja r Depftl -
•DRIVEWAYS: Drlvewgs mot be pseud wink bar mbi aVMh w cmoete and umri be safeosd gv a adoilaom of 1T K get hat die pmpc*.
*OFF-STREET PARKING: The pal all man bed inb a mlahaam Of - spaop of size, Ofth m spaaa•_ shall be
ADA acceasibic keladbrg form access3ilhy, and shill induct: aobasible:anys wllete atedcd. You oust calm provide curbs, bumpergaalds Ow wbed slaps
m that zo pan of parted vddck =Wtr s beyond the boundary of the Ill KoL .
SPACES REQUIRED: aSPAC1SPROVIDED: .
ODO YOU SHARE PARKING WITH ANY OTHER BUSINESS? YES 0 NO Ifyes, plow explain in wlidog.
SECTION (D) ADDMONAL R_XVW%VSAAPPROVAL DA S:
ROARDOF ADJUSTMENT'S: LARGE SCALE DEYELOPM r., .
PLANNING COMMISSION: LOT SPLIT:
SECnOW (E) /NON-RESIDENTIAL REOUIRFMENTS• �Sd i ( A q
•1wSINFSS NAll I'-Ql A u I f']r!! h aYl �� ' susul ESS PHONE.• 5cO296-0;496
'NAM ON LEASE:Y n'ia 11 a b, der S� ` A fi - HOME PHONE: Ko i I
HOME ADDRESS: iKt7 r'An CITY: F id Yeat (fi STATEl ZIP: -s7-76
•DYIi7VD®L]SE OF STRUCTURE : ' 1 C G. rRLV10US USE OF SIRUC7VRE: 7
•t8 THE SMUCIURE VACANT? YES ro Ifya, kow lm:g ha the strsomc bet rectal /W/A
•IS THE BUSINESS A ROME OCCIIPAIT YES® If yes, provide: pcmdi ID g: PC approval doe:
•DOES THE USE REQUIRE Alg AM PERMIT FROM 771E ARKANSAS DEPARTMENTOF ENVIRONMENT QUALITY^ YFS O
Ifyes, plan PMvIde a oupy ofthe Poll
•DOES THE USE PRODUCE AN ODOR? To If Ill pkm dendbe site odor. .
•NUMBER OF EMBLOYEES:
-0UTDOORSTORAGEOFMGa
AI=IALAMMREQUIPMENV NO Ifyes,pkncdmmbe:ir;; cw_<
ISQ.FT. OF TOTAL BUDDIIVG:.3iS77n SO. FF. OF YOUR BUSINESS: SQ. FT. OF E"ANS10N:
USE
#0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
February 25, 2002
Mr. Sammy Mohandessian
Braden, Inc. DBA Quality Auto Exchange
PO Box 8666
Fayetteville, AR 72703
Re: Request for Certificate of Zoning Compliance
Dear Mr. Mohandessian:
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575.6264
The Planning Division has received your request for a Certificate of Zoning Compliance to
establish a used car sales lot at 300 W. Poplar Street. Unfortunately, staff is unable to approve
this request. The use of this site for your proposed business is not permitted. This property was
zoned in 1977 for Residential -Office uses (Ord. #2349). It is not zoned properly for used vehicle
sales, this type of use would require a Thoroughfare Commercial (C-2) zoning district. With this
letter, I am returning your $25.00 application fee. If you have initiated business at this location,
you must discontinue that activity immediately. An approved Certificate of Zoning Compliance
or building permit must be received prior to the operation of any new business within the City of
Fayetteville.
If you have questions regarding this information, you may contact the Planning Division.
Sincerely,
Dawn T. Warrick
Senior Planner
cc: Tim Conklin, City Planner
File
H•IUSE"COMMOMDA WM002Co ipondencelgwliM d43o-cofdx
0 0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 5754264
PLANNING DIVISION CORRESPONDENCE
Mr. Sammy Mohandessian
Braden, Inc. DBA Quality Auto Exchange
PO Box 8666
Fayetteville, AR 72703
Re: Zoning Violation
Dear Mr. Mohandessian:
On February 25,2002, the Planning Division contacted you (see attached correspondence) to notify you that the use
of property at 300 W. Poplar Street for used car sales was not permitted. After speaking with Mr. William
Greenhaw, attorney, on March 21, 2002, I understood that you were in the process of relocating your business to an
appropriate location. I have since had the occasion to conduct a site tour and it is evident that you continue to
operate this business in violation of City ordinance.
This is the only notice you will receive from the Planning Division. Should this violation not be remedied within the
next thirty (30) days, I will forward this file information to the City Prosecutor for further action.
We are also writing to notify you of the serious nature of continuing the violation. A violation of the provisions of
this chapter shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its.
requirements shall upon conviction thereof be fined not less than $25.00 and not more than $500.00. Each day such
violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or par thereof, and any architect, builder, contractor, agent,
or other person who commits, participates in, or maintains such violation may be found guilty of a separate offense
and suffer the penalties provided.
The city may take such other lawful action as is necessary to prevent or remedy this violation. An appeal may be
filed with the Board of Adjustment if you are aggrieved by an interpretation or decision regarding this zoning matter.
If you have any questions or need more information regarding this letter, please contact Dawn Warrick, Senior
Planner, at 575-8264.
Sincerely,
Dawn T. Warrick
Senior Planner
cc: Tim Conklin, City Planner
Hugh Eamest; Urban Development Director
Casey Jones, City Prosecutor
Mr. William Greenhaw
Stacy Tobin (property owner of record)
File
H:I USERSlCOMMONIDAW7lcomplainrslqualiryouto_norldoo
From: Dawn Warrick
Date: 3/21/02 2:42PM
Caller: BILL GREENHAW
Company: REPRESENTING CLIENT ON POPLAR AND GREGG
Phone: 442-2562
QUALITY AUTO EXCHANGE SAMMY M.WHAT ARE THE ODDS OF GETTING IT REZONED? OR
DOES HE NEED TO LOOK FOR ANOTHER LOCATION?
Returned call 3/21/02 - left message
a L� dt� 4
JL
A, 41U
��Ib7, ho
FAYETTLAILLE r
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain SL
Fayetteville, AR 72701
Telephone:
PLANNING DIVISION CORRESPONDENCE 479-575-8264
VIOLATION NOTICE
March 11, 2005
Honda Pro Automotive
300 W. Poplar
Fayetteville, AR 72703
Re: Zoning Violation
Dear Management:
The City of Fayetteville has received a complaint regarding the use of your property located at 300 W.
Poplar. City staff has investigated this complaint and determined that the use of your property for
automotive sales, service and repair violates § Chapter 161.15 of the City of Fayetteville Unified
Development Code. Your property is zoned R -O, Residential Office. An automotive sales, service and
repair business is not allowed within the R -O zoning district. Furthermore, each business operating within
the City of Fayetteville shall obtain a Certificate of Zoning Compliance as required by § Chapter 161.02 of
the City of Fayetteville Unified Development Code.
You are hereby given notice to correct this violation within 30 days from receipt of this letter. If the matter
is not resolved to the satisfaction of the city at that time, the City Prosecutor will be asked to take
immediate action. If the violation is corrected prior to the criminal summons being requested, you may
contact the Planning Division for an inspection to verify the violation has been corrected.
We are also writing to notify you of the serious nature of continuing the violation. A violation of the
provisions of this chapter shall constitute a misdemeanor. Any person who violates this ordinance or fails
to comply with any of its requirements shall upon conviction thereof be fined not less than $25.00 and not
more than $500.00. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder,
contractor, agent, or other person who commits, participates in, or maintains such violation may be found
guilty of a separate offense and suffer the penalties provided.
The city may take such other lawful action as is necessary to prevent or remedy this violation. An appeal
may be filed with the Board of Adjustment if you are aggrieved by an interpretation or decision regarding
this matter. If you have any questions or need more information regarding this letter, please contact Jesse
Fulcher, Planning Technician, at 575-8264.
Sincerely,
Jesse Fulcher
Planning Technician
cc: Jeremy Pate
Senior Planner
FAYETTWILLE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone:
PLANNING DIVISION CORRESPONDENCE 479-575-8264
VIOLATION NOTICE
April 207 2005
Stacy A. Tobin
2901 Tobin Ln.
Fayetteville, AR 72703
Re: Zoning Violation -Final Notice
Dear Property Owner:
The City of Fayetteville has received a complaint regarding the use of your property located at 300 W.
Poplar. City staff has investigated this complaint and determined that the use of your property for
automotive sales, service and repair violates § Chapter 161.15 of the City of Fayetteville Unified
Development Code. Your property is zoned R -O, Residential Office. An automotive sales, service and
repair business is not allowed within the R -O zoning district. Furthermore, each business operating within
the City of Fayetteville shall obtain a Certificate of Zoning Compliance as required by § Chapter 161.02 of
the City of Fayetteville Unified Development Code.
You are hereby given notice to correct this violation within 30 days from receipt of this letter. If the matter
is not resolved to the satisfaction of the city at that time, the City Prosecutor will be asked to take
immediate action. If the violation is corrected prior to the criminal summons being requested, you may
contact the Planning Division for an inspection to verify the violation has been corrected.
We are also writing to notify you of the serious nature of continuing the violation. A violation of the
provisions of this chapter shall constitute a misdemeanor. Any person who violates this ordinance or fails
to comply with any of its requirements shall upon conviction thereof be fined not less than $25.00 and not
more than $500.00. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder,
contractor, agent, or other person who commits, participates in, or maintains such violation may be found
guilty of a separate offense and suffer the penalties provided.
The city may take such other lawful action as is necessary to prevent or remedy this violation. An appeal
may be filed with the Board of Adjustment if you are aggrieved by an interpretation or decision regarding
this matter. If you have any questions or need more information regarding this letter, please contact Jesse
Fulcher, Planning Technician, at 575-8264.
Sincerely,
Jesse Fulcher
Planning Technician
cc: Jeremy Pate
Senior Planner
ll
Is
May 4, 2005
Jesse. Fulcher
Planning Technician
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72701
Dr. Mr. Fulcher:
REC1EIVED
MAY 1.7 2005
PLANNING DIV.
I am writing in reference to correspondence that I received from you in March. In
this correspondence, you notified me of a zoning violation at 300 W. Poplar. I
was unaware of the violation and I appreciate your notification.
As the land owner, I have asked the leasing agent of the building to rectify the
situation as soon as possible. I know that he has been in communication with
the business owner and they are looking at ways to remedy the situation.
Sin rely,
Stacy T. Keenan
October 1996
Maycr -anna introduced consideration of an ordinance rezoning .26
acres _:gated at 302 W. Poplar frcm R-1, Low Density Residential,
to =-O. Residential -Office, as requested by Patrick Tobin.
Cit_: At=orney Rose read the ordinance for the first time.
Pat Tobin, petitioner, gave a brief history of this property. The
prc=ert-. east of this is zoned R -O. They have the righ= of first
ref -.-sal on the property to the west. The property across that
street -s a parking lot. The property directly across =he street
is zoned I-1. All the property owners adjoining this area are in
favcr cf it. They do not want apartments or multi-fami_v units.
Alderman Williams moved to suspend the rules and go to the second
reading. Alderman Parker seconded. Upon roll call, the motion
passed on a vote of 6 to 0.
Cit.- At=orney Rose read the ordinance for the second t_me.
Alderman Daniel moved to go to the third and final reading.
Alderman Miller seconded. Upon roll call, the motion passed on a
vote of 6 to 0.
CityAttorney Rose read the ordinance for the third time.
There 'Z=_ing no further comments, Mayor Hanna called for the vote.
Upon roll call, the ordinance passed on a vote of 6 to 0.
ORDINANCE 3998 APPEARS ON PAGE OF ORDINANCE BOOK
VA9�-9
Mavor Hanna introduced consideration of an ordinance vacating an
easemen= located on lot 9 of Colt Square Subdivision located at the
nor`hwest corner of Colt Square and Green Acres Rd. as requested by
Bit= Keating.
CitV Attorney Rose read the ordinance for the first time.
Alderman Daniel commented on this being an after -the -fact thing.
She wondered how to prevent these from happening.
Alderman Williams asked about the required approval forms.
Ale -.t Little, Planning Director, replied they have been received.
14
Planning Commission Minutes '
September 9, 1996
Page 1 l
RZ96-17.00 REZONING R-1 TO R -O _
PATRICK TOBIN- N OF POPLAR AND W OF SHADY LANE
The next item on the agenda was a request submitted by Patrick Tobin for property located north
of Poplar and west of Shady Lane. The property is zoned R- I and contains approximately .26
acres. The request is for a rezoning to an R -O district.
The staff recommends approval of the rezoning as being consistent with the category designated
for this area in General Plan 2020, as well as begin compatible with adjacent property to the east.
Ms. Johnson added the property was very close to the railroad track on Gregg street.
Ms. Little stated the property did adjoin R -O property to the east.
Ms. Johnson questioned what was located on the property.
Ms. Little stated the home that was on the property had been moved; it was now vacant.
Mr. Sugg questioned the zoning of the lot on the corner of Easy and Poplar.
Ms. Little stated it was R-1 and there was a piece of R-2 but the reminder of the block was R-1.
She stated the area to the north of Pear street was C-2.
Mr. Pat Tobin, owner of the property, stated he owned the property to the east which was zoned
R -O. He added they had removed the home on the site when he took possession, because it had
been condemned. He stated they were negotioning to buy the little white house that was on the
corner of Easy Street. The property across the street was zoned I -I and they felt the R -O would
be a good addition to the area.
MOTION
Mr. Odom moved to approve the zoning request.
Mr. Forney seconded the motion.
The roll was call and passed unanimously.
R LE
PC September 9, 1996
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS -
1l3 W. Mountain St.
Fayetteville, AR 72701
Telephone:
PLANNING DIVISION CORRESPONDENCE 501-575-8264
TO: Fayetteville Planning Commission Members
THRU: Kevin Crosson, Public Works Director
Charles Venable, Asst. Public Works Director
FROM: Alett S. Little, City Planner
DATE: September 9, 1996
REQUEST: This is a rezoning petition R96-17 submitted by Pat Tobin for property
located north of Poplar, west of Gregg (302 W. Poplar). This request is to rezone the
property from R-1, Low Density Residential to R -O, Residential -Office.
RECOMMENDED MOTION:
RZ96-17: Staff recommends approval of the rezoning as being consistent with the category
designated for this area in General Plan 2020, as well as being compatible with adjacent
property to the east.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: 9/9/96
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date:
4 16-30
Patrick Tobin
North of Poplar
11
RZ 96.00 - 17.00
West of Shady Lane
367.00
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.Page 3 ,
ADJACENT LAND USE AND ZONING:
North: Pear St., R-1, s -f homes, C-2
South: Poplar St., I-1, vacant building, Duke's Pool hall
East: R -O, Shady St., RR, Gregg St, R-2, multi -family
West: mix of R- t & R-2, s -f homes
INFRASTRUCTURE:
St. Louis & San Francisco Rail Road.
Poplar Street is classified as a collector with current r -o -w of 40; required r -o -w is 60' - 80'.
Shady Street is classified as a local street with current r -o -w of 30.
Water:
6"
line on
Poplar
Sewer:
6"
line on
Poplar
GENERAL PLAN:
General Plan 2020 called for the area to develop as residential and mixed use.
4 16-30 RZ 96.00 - 17.00 367.00
Patrick Tobin
North of Poplar, West of Shady Lane
13
To All Members of the Planning Commission:
HondaPro is a fully functional Honda and Acura service center. We offer state of the art technology and
extensive knowledge of the Honda product to serve the public with reasonably priced dealership -quality service.
More than that, our customers can enjoy the advantages of dealing with an independently owned and operated
service center.
The two buildings occupied by HondaPro currently house a state of the art office facility, two shop facilities
with a total of four airlifts and an alignment rack. In the approximate two and one-half years that we have been
at this location, we have established a business that employs six members of the community, and was last noted
to have served 1,438 customers mostly in Northwest Arkansas.
We take pride in saying that we have built a team of professionals able to assist customers through the diagnosis
and repair of even the most difficult problem, and that we have a sales team, that although small, is unsurpassed
in the area. We take pride in our work that shows through the loyalty of our customers.
In view of information aforementioned as well as information contained in the body below, we feel that
HondaPro is an asset to the community as well as to the property that we occupy. Until receipt of the notice
indicating a zoning violation, we have not received any form of notification from city officials or neighboring
businesses and residents that we have impacted the area in a negative way. On the contrary, it is our
understanding that the violation notice was prompted from a complaint of a disgruntled past renter of the
property that we occupy who received multiple complaints due to cars being parked in a manner that blocked
traffic of residents and neighboring businesses. It is for these reasons that we would sincerely appreciate your
favorable consideration to the proposed zoning request that we have made.
6.a. Current ownership information and any proposed or pending property sales.
Darlene and Patrick Tobin and Stacey Keenan own lots 14, 15 and 16. There is no current pending property
sales of the said property, and we have nothing to indicate any future proposed sales. Honda Pro has rented the
properties for the last two and one-half years.
6.b. Reason (need) for requesting the zoning change.
We are in receipt of a Notice of Violation issued by the City of Fayetteville stating that our location is not zoned
for the nature of our business. This letter has prompted our request and need of this zoning change as we have
had an established business at this location for the past two and one-half years.
6.c. Statement of how the property will relate to surrounding properties in terms of land use, traffic,
appearance and siguage.
Since our occupancy the appearance of the property has been vastly improved. The grounds have been cleaned,
offices have been renovated and nicely remodeled, shops have been remodeled, equipment has been installed
and our business has been established. The land is currently used mostly for parking, and does not exceed the
boundaries of our lots. Our lots are kept clean and well maintained. Poplar Street traffic is not impacted
through normal customer drop off and pick up routines associated with the common nature of our business.
Shady Avenue traffic is minimally impacted through vehicles being pulled in and out for repair, the occasional
LTL delivery and wrecker drop off services. Since start up of our operation, we have not received any traffic -
related complaints from customers or neighboring businesses and residents. Our signage is minimal and tasteful
and does not exceed the profile of the building.
6.d. Availability of water and sewer (state size of lines). This information is available from the City
Engineering Division.
This property currently has a I" water line and a 6" water line on the north end of the property, and a 6" sewer
line located on the south side of the property.
7.a. The degree to which the proposed zoning is consistent with land use planning objectives, principles
and policies and with land use and zoning plans.
It is our understanding that future proposed zoning plans lists the property that we occupy to be zoned for
industrial business. Properties adjacent to our lots are already zoned for industrial businesses. Businesses
include automotive wrecker impound, automotive shop, restaurant and an adult entertainment bar. The nature
of our automotive sales and service business closely corresponds to that of some of the neighboring businesses.
A great deal of revenue produced from our business is returned to the community through local purchases of
supplies, local utilities and taxes.
7.b. Whether the proposed zoning is justified and/or needed at the time of the request.
HondaPro is a family business that offers a valuable service to the community that has survived the test of
business start up by maintaining our customer oriented businesslike principles. Our property is kept clean and
is environmentally sound and safe. We operate knowing that the appearance of our property and facility affects
the level of customer satisfaction, and thus we strive to maintain the appearance of our properties. Our business
is thriving at our current location, we feel that we have had a positive impact on the surrounding area and thus
feel that rezoning is warranted.
7.c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion.
Vehicles on our premises are parked within the boundaries of our lot. Therefore, road and sidewalk passages
are never blocked or congested as a result. We have not experienced any instances that would warrant a
concern related to traffic danger or traffic congestion.
7.d. Whether the proposed zoning will alter the population density and thereby undesirably increase the
load on public services including schools, water and sewer facilities.
The nature of our business is not one that would have a negative impact on any of the resources listed above.
7.e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning
classification.
The lots currently occupied by HondaPro are zoned for residential and office use. However, the existing
dwellings on these lots are better suited for industrial business such as that of some of our neighbors. In
addition, the property location in proximity to the railroad track, Poplar Street and surrounding businesses
makes it an unlikely candidate for favorable residential real estate expansion purposes.
June 8, 2005
To: Jeremy Pate
Interim Zoning and Development Administrator
125 W. Mountain, Fayetteville, AR 72701
REF: RZN 05-1524 (HONDA PRO, 367)
Dear Sir,
It has been brought to my attention that the Fayetteville Planning Commission has been
asked to review a proposed REZONING adjacent to my property. I, as the owner and the
resident of the adjacent property at 2032 N. Easy Ave oppose the attempt to rezone the
subject property from RESIDENTIAL OFFICE to Heavy Commercial, Light Industrial.
Having been a resident at that property for almost a decade, I have seen it grow and
develop into a great community of.people. A few generations have been superceding one
another and the owner turnover has been minimal. The rezoning will substantially change
the atmosphere of the neighborhood, which should be maintained. The change will cause
more noise, traffic and disturbance to a quite community of surrounding houses and one
of many disappearing quite areas of the city of Fayetteville.
I would really appreciate your effort to reject the proposed rezoning request. Again, I
attention to this letter.
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County Disclaimer 0 45 90 180
This map was created by Washington County using data created or acquired by its Assessors office, Dept. of Emergency
Managment, and Road Department and in accordance with Arkansas Code 15-21-502 (2) (8), which states'The digital cadastre
manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions,
nor is it suitable for boundary determination of the individual parcels included in the cadastre.' and Arkansas Code 15-21502 (6)
which indicates that "Digital cadastre' means the storage and manipulation of computerized representations of parcel maps and
linked databases. -
This map has been developed from the best available sources. No guarantee of accuracy is granted, nor is any responsibility
for reliance thereon assumed. In no event shall said Washington County be liable for direct indirect, Incidental, consequential or
special damages of any kind, including, but not limited to, loss of anticipated profits or benefits arising out of use of or reliance
on the map.
The parcel lines shown are considered a graphical representation of the actual boundaries. Washington County is in no
way responsible for or liable for any misrepresentation or reuse of this map. Distribution of this map is intended for informational
purposes and should not be considered authoritative for engineering, legal and other site -specific uses.
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RZN05-1524
Future Land Use
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HONDA PRO
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Sondra Smith - Suzanne
From:
To:
Date:
Caller:
Company:
Amber Wood
Smith, Sondra
8/15/05 9:22AM
Suzanne Morgan
Planning
['] Telephoned
[ ] Will call again
[ ] Wants to see you
[ ] Urgent
] Please call
] Returned your call
] Came to see you
She called to tell you that Honda Pro was requesting that their item be tabled until the next meeting.
distributed a letter to the Council from Honda Pro and I placed a copy in the September 6th Agenda Pads.
Letter of Transmittal
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To: Sondra From:
Key Architecture, Inc.
Address: Date:
City Clerk's Office September 2, 2005
Project: Project Number:
Planning Appeal HondaPro 0473
(w� For Approval 17, For Your use f7 As Requested; For Review & Comments
We are sending you:
Number of copies Description
1 Bill of Assurance from Pat Tobin
Notes/Comments:
Jeremy Pate asked that we deliver this to you.
Making Architecture Accessible
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Jul 1@ 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")
Pat T0SIN--_— _ 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 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 Petitioner acknowledges that the
Fayetteville Planning Comrnission and the Fayetteville City Council will
reasonable rely upon all of the terms and condi"lons within this Bill of
Assurance in considering whether to approve Petitioner's 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 & o
_ &d andar C-2 , EX /q/- 33 &/7d 4er^�22rm!�?c(
/o 3z 3 s �u,�0e� co>7dfiu�.
restrictions including num ar e of structures
property are
2, Specific activities will not be allowed upon petitioners property
include anif33-adu./f/ire, Qnte.4 Y&nmente/u.borbae,
ttnif 3Z-b'Equa,//u Qrl enh&, husi�ss. ur�i f 35- az�tc%al
iYIUOiG .�S*�/i�'hment5. ,
.3. A'. (Any other terzts or conditions) %i7,e 6WI),er 471011 Z17S&ZZ
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09 the �ornmevr^cQ�i des;9,, S7`ctrd�v�eo_
Jul 30 05 09:47a Seth McClelland 479-571-4100 p.2
5. Petitioner specifically agrees that all such restrictions and terms shall
run with the land and bind all future owners urdess and imtil 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.
1N VN71TNESS WHEREOF and in agreement with all the terms and
conditions stated above, 1, eC T F-90.131 N as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
Date
Address
Printed Came
Signature
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON I
And now on this the _._ day of 200 appeared
before me,
after being placed upon h sj her oath swore or affirmed that he/she agreed with
the terms of the above Bill of Assurance and signed his/her name above.
FiSI
NOTARY PUBLIC
J'jy Commission Expires:
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From: Clarice Pearman
To: Pate, Jeremy
Date: 9/14/05 12:38PM
Subject: Ords. 4748, 4749, 4750, 4754 and 4756
Jeremy,
Attached are ordinances passed by City Council on September 6, 2005 regarding RZN 05-1524, R-PZD
05-1463, R-PZD 05-1555, ANX 05-1628 and RZN 06-1696.
Thanks.
Clarice
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AFFIDAVIT CF PUBLICATION
I, Erin Emis, do solemnly swear that I am the Legal 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:
td was inserted in the regular editions on
/ ' S
PO#
** Publication Charge: $ zz 9 CL/_
Subscribed and sworn to before me this
day of 4A� 2005.
Notary Public
Sharlene D. Williams
Notary Public
My Commission Expii*fie of Arkansas
My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
Sc? 2 ?. m5
CM of: FAYETrEVILLE
CI'r`r CLERKS OFFICE
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
Sectlo.L That the zare classification of the following described property Is hereby changed as follows:
From RSF-4, Residential Single Family, 4 units per sae and R -O, Residential -Office,
to C-2, Thoroughfare Commerclal, m stnw'n on Exhibit'K attached hereto end
made a pert hereof.
Section 7- That the oifiGzi zoning map of the City of Fayettevile, Arkansas is hereby amended to reflect
the zon" charge proNded in Section 1 above.
Swtk)n 3: That this rezoning is approved subject to the Bill of Assurance offered by the applicant and
attached as E)"W B.
PASSED and APPROVED this 6th day of September, 2005.
EXHIBIT "A"
RZN OS -1524
LEGAL DESCRIPTION OF LOTS 14, 15 AND 16:
LOT 14: BLOCK 1 I THE REVISED PLAT OF Rt OCK 9 I
AT OF
PLAT
OF VALLEY VIEW ACRES,
at the
P.O. BOX 1607 6 212 N. EAST AVENUE 1 FAYETTEVILLE, ARKANSAS 72701 1
behmeen the