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HomeMy WebLinkAboutOrdinance 4957 • •� ' `. � •IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIII VIII VIII IIIIIIIIIIIII I Doc ID : 010705130005 T%De : REL f Recorded : 12/29/2006 at 01 : 58 : 59 PM Fee Amt : $20 . 00 Paoe 1 of 5 j Hashlnaton Count% . AR ; + Bette Stems Circ Clerk F11e2006-00052307 ORDINANCE NO. 4957 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2320, FOR APPROXIMATELY 0.75 ACRES, LOCATED AT 904 15TH STREET FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO C-25 THOROUGHFARE COMMERCIAL WITH THE ASSOCIATED BILL OF ASSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: I Section 1 : That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-Family, 24 units per acre to C-2, Thoroughfare Commercial, as shown on Exhibits "A" and `B" 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. r Section 3 : That this rezoning approval is subject ,to the Bill of Assurance offered by the Applicant as shown on Exhibit "C". RK/TR�''n�� PASSED and APPROVED this 5t^ day of December, 2006a�;•'p�j Y 0 APPROVED: ATTEST: Z. ; FAYETiEVILLE ; col SP /Jlli�dlll�jjGTON 00 n' kA NJam``, DAN COODY, Mayor SONDRA SMITH, City Clerk 1 EXHIBIT "A" s RZN 06-2320 • _ { , A PART OF THE SWIA OF THE NW1/4, OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS BEGINNING AT A POINT WEST 309.00 FEET AND NORTH 30.00 FEET FROM THE SOUTHEAST CORNER OF T14E SAID FORTY (40) ACRE TRACT; THENCE ALONG THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY 16 BY-PASS WEST 136.50 FEET; THENCE NORTH 00012'44"EAST 188.00 FEET; THENCE EAST 214.37 FEET; THENCE SOUTH 00010' 16"WEST 88.00 FEET; THENCE WEST 78.00 FEET; THENCE SOUTH 00010' 16"WEST 100. 00 FEET TO THE POINT OF BEGINNING, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. EXHIBIT OWN Rzrv06-2320 GARNER Close Up View ' axa a � n. K v♦. Ftr t r - ' w YI 0 .. ` lmqg }rL . n i.tl ♦ r b r. , < i RhFF-2-0 . ,� ..- � ;:,�!I :. N x u- RAf 24 1 It le d \ P It I SUBJECT PROPERTY , /� It .j\ L. �:.kN. .Oliry 7E0 It RNF r L 1 0 t W ?^ kI I ILq LL2 19 ILL It n sm 5 ® Av r F11 Y h 1 _ ray A¢fAIr, L6tt] ♦�RRiF 24 RtA 34 1{) _,� 1 ,, ♦ , _ ♦' , �. - .. to .. .. � lAL It I /'. ♦^ 4 W4txq STI I I I I I I I I I I I I I I1 1 t >,- - a s tr S � ¢1 A 2 1 1 y l ♦W 1I III Llg t \ Q 1 It. ♦ h4 s r RSdF24 -; RMF24 x r\ LL OverWew Legend _ g000q OrMay 06tricl — ROODWAY — 500YEAR 000055 IM YEAR --- UW OF STUDY Q Fayetteville aim Coy ® Rll10fi.]320 0epm.GDS.Fo*dM 2004 . 0 75 150 300 450 600 Feel 9 ' • EXHIBIT ..C.. .. Page 7 of 2 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 uyer-of this property, (hereinafter "Petitioner') �j NOT 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 tern 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 all of the terms and conditions 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 Fayetteville City Council. 1. The use ofPetitioner's property shall be Imi iced to 1460 2. Other restrictions including number and type of structures upon the property are limited to 3. �S�percific activities will not be allowed upon petitioners property trW include 11 ITW t h 'fI - A� a 4. (Any other terms or conditions) ------ -- L _ EXHIBIT "C" .Page 2 of 2 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless_and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit.Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners property. IN WITNESS WHEREOF and in eemnent�with all the terms and conditions stated above, I �1I tC 4� as the' owner, developer-or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. n D�aty� Printed Name c rib U. t Icti bn AdSiress , Q�1, 1�, Signature 3 NOTARY OATH STATE OF ARKANSAS } :, COUNTY OF WASHINGTON ] And now on this the _ day ofj,Pim� 200_, appeared before me, Mn\� s~ra,)C� and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name( above. . NOTARY PUBLIC Y Commission EQxpnir�es: �1 OFFICIAL SEAL CRYSTAL "AR71N BENTON COUNTY NOTARY PUBLIC - ARKANSAS MY COMMISSION EXPIRES JULY 27v 2016 Washington County, AR — I certify this instrument was filed on 12/29/2008 01 :58:59 PM and recorded in Real Estate File Number 2006-00052307 Bette Stamps - Circuit Ie 1{ by Arkansas Democrat $axette *1 _ - 0 -. e Northwest Arkansas Times Benton County . Daily Record P . O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6415 RECEIVE® DEC 18 2006 AFFIDAVIT OF PUBLICATION CffV0FFAYF;T 1EV"-E c" OP4 I , Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: ORDINANCE 4957 Was inserted in the Regular Editions: December 15, 2006 Publication Charge: $89 . 68 - ORDINANCE NO: 49e7 1 AN ORDINANCE REZONING TONT PROPERTYTayVeDESCRIBED IN flEZONING PETITION RZN 06-FORAPPRO%IM4TELY 0.75 ACRES, LOCATED AT Subscribed and sworn to before me 904 15 H S BEET FROM flMF-24, RESIDENTIALMULTI-FAMILY, 24 UNITS PEO ACRE TO C-2.THOR- S 1 OUGHFARE COMMERCIAL WITH THE ASSOCIAT- r Thisl J'DJ day of etft� , 006. ED BILL OF ASSURANCE. BE IT ORDAINED BY THE Cm COUNCIL OF THE CITY OF FArETT6YfLLEs ARKANSASS III11'N,/�\A'!`-I'x/1�I1^/ kL ` Section 1: Thst Me zona clessRicetlon of the fdWNng Flescrbed property a neraby changed as 1�- . Notary Public lows. Fran RMl Residential MulnFemily, 24 units per ace to G2, Thoroughfare Commercial, as shown on Exhibits 'A' and 'B" attached hereto and made a part horeol. ' Section 2: That the official zoning map of the City of Fayel lle. ABensas is hereby emended tl) milwt the zoning change provided In Section 1 above. Section 3: That this rezoning approval Is subject to the Bill M Assurance offered by the Applicant My Commission Expires: axAm en Exhibit D . PASSED end APPROVED this 5th day of December. 2006 1 1 APPROVED: ATTEST 1 Sharlene D. Williams By, By: i DAN COODr, MSYW SONORA SMITH, CRF Clerk Notary Public . TRAO State of Arkansas I ZN 0120 M Commission Expires 0 Y P APART OF THE SWi/40F THE NW7/4, OF SECTION 2I,TOVMSHIP I6 NORTH, RANGE 30 WESt. October 18, 2014 DESCRIBED AS BEGINNING AT A POINT WEST 309.00 FEET AND NORTH 30.00 FEET FROM T SOUTHEAST CORNER OF THE SAID FORTY (40) ACRE TRACT; THENCE ALONG THEL NOR RIGHT-OFWAY OF ARKANSAS HIGHWAY 18 BY-PASS WEST 136.50 FEET: THENCE'NORTH 00'12'44'EAST 188.00 FEET; THENCE EAST 214.37 FEET, THENCE SOUTH Goo 10'16'WEST 88 OD FEET; THENCE WEST 78.00 FEET; THENCE SOUTH 0001016-WEST 100.00 FEET TO THE POINT OF BEGINNING, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Exhibit %B' Is a map and may be vlewed In the city clerks office during normal business hours. I Exhibit 'C', 0111 b Assurance may be viewed In the city clerk's office during normal business hours. �� U 2D City of Fayetteville / Z r 5 /OZ Staff Review Form Li 17`5 7 City Council Agenda Items T / or Contracts C` 5-Dec-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 06-2320: (Gamer, 561 ): Submitted by John Walters for property located at 904 15th Street. The property is zoned RMF- 24, Residential Multi-Family, 24 units per acre and contains approximately 0.75 acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a nla n/a i Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Depa ent lbireffior Date Original Contract Date: n/a Original Contract Number: n/a Ci Received in City Clerk's O /�, ffi Finance and Internal Service Director Date Received in Mayor's Office EMT ED 1 /ill b G,L Mayor Date Comments: City Council Ang of December 5, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: November 16, 2006 Subject: Rezoning for Garner (RZN 06-2320) RECOMMENDATION The Planning Commission recommended approval of the subject rezoning the 0.75-acre property, from RMF-24 to C-2 with the associated Bill of Assurance provided by the applicant. BACKGROUND The 0.75-acre property is located on the north side of 150' Street in south Fayetteville, less than % mile east of Razorback Road. The property contains a church .building and is zoned RMF-24. Surrounding properties are residential. The request is to rezone the subject property from RMF-24, Residential Multi-Family 24 Units/Acre to C-2, Thoroughfare Commercial, in order to allow the various uses requested. The request is subject to a Bill of Assurance offered by the applicant, however, that limits the uses on the .property to those associated with the art gallery, studio, cafe and art supply retail sales. DISCUSSION This item was heard at the regular Planning Commission on November 113, 2006. .The . Planning Commission voted 8-0-0 to recommend approval of this rezoning request with the associated Bill of Assurance to the City Council. BUDGETIMPACT None. r ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2320, FOR APPROXIMATELY 0.75 ACRES, LOCATED AT 904 15, STREET FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO C-23 THOROUGHFARE COMMERCIAL WITH THE ASSOCIATED BILL OF ASSURANCE. 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 RMF-24, Residential Multi-Family, 24 units per acre to C-2, Thoroughfare Commercial, as shown on Exhibits "A" and `B" 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 approval is subject to the Bill of Assurance offered by the Applicant as shown on Exhibit "C". PASSED and APPROVED this—day of _ 2006. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2320 A PART OF THE SWI /4 OF THE NW 1/4, OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS BEGINNING AT A POINT WEST 309.00 FEET AND NORTH 30.00 FEET FROM THE SOUTHEAST CORNER OF THE SAID FORTY (40) ACRE TRACT; THENCE ALONG THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY 16 BY-PASS WEST 136.50 FEET; THENCE NORTH 00012144"EAST 188.00 FEET; THENCE EAST 214.37 FEET; THENCE SOUTH 00° 10' 16"WEST 88.00 FEET; THENCE WEST 78.00 FEET; THENCE SOUTH 00° 10' 16"WEST 100. 00 FEET TO THE POINT OF BEGINNING, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. 7a ! PC Meeting of November 13 , 2006 ARKANSAS THE CI 'PPPI'Y OF FAYETTEVILLE , ARKANSAS 125 W. Mountain SL Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: I1� Undated November 14. 2006 RZN 06-2320: (GARNER, 561): Submitted by JOHN WALTERS for property located at 904 15th Street. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS/ACRE and contains approximately 0.75 acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Property Owner: Denise and Hershey Garner Planner: Andrew Garner RECOMMENDATION: Staff recommends approval of RZN 06-2320 with the associated Bill of Assurance offered by the applicant for the subject property. PLANNING COMMISSION ACTION = Required ° YESx " ' yt ;7F � _s".zk y l NY 'zs .ri,dx. 4• ss +'e.-h ,y, fi Wy. .b'' y ,� k -_ r p } Mohpn � Klw tc� Second Clark r ' sy�„„p 'a3yo � ' Tar s«, :�y' � < - CK7 '�� .: �^€��� � -` P" } '�}ts����.g k r a esu ' T .. r5 <•6' - Vill Date: November 132606 x X Appioved ❑ Demeiir i ' `' �'a Y { r w k` •L} S d �n a. roved ❑ Denied � ' rt -------- -+ h llate Ypecember 5 2006 T1 readm>? ll recommcnded) s' .g.3y sr so x " '<'. �a � €= ^� Comments: K:IReports1200611'C Reportsl l l-13-069aN 06-2320 (Garner).doc BACKGROUND: Property Description: The property under review consists of 0.75 acres on the north side of 15'h Street in south Fayetteville, less than %2 mile east of Razorback Road. The property contains a church building and is zoned RMF-24. As depicted on Table 1, the property is surrounded by residential property. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Mobile home park RMF-24 South Multi-family RMF-24 East Single family residential RMF-24 West Multi-family residential RMF-24 Proposal: The applicant proposes a rezoning of the subject property to C-2, Thoroughfare Commercial, to allow for the remodeling of the existing church building for use as an art gallery, cafe/coffee shop, auditorium, art studio and art supply retail. Request. The request is to rezone the subject property from RMF-24, Residential Multi-Family 24 Units/Acre to C-2, Thoroughfare Commercial, in order to allow the various uses requested. The request is subject to a Bill of Assurance offered by the applicant, however, that limits the uses on the property to those associated with the art gallery, studio, cafe.and art supply retail sales. Public Comment. Staff has received a few phone calls.from adjacent property owners inquiring about the rezoning. One property owner did not object to the rezoning, and another one objected stating that only residential uses should be allowed on the property. INFRASTRUCTURE: Streets: Currently the site has access, to 15a' Street. 15'h Street is a four lane state highway. Improvements to the adjacent streets will be evaluated in rough proportionality to development on the property. Water: Public water is located adjacent to the site. There is an 8" waterline along the south side of 15a' Street. Water service will need to be extended to the property and through the property at the time of development. Sewer: Sanitary sewer is available adjacent to the site. There is a 6" sewer main along the south side of 15`x' Street. Sewer service will need to be extended property at the time of development. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main will need to be studied at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the K.-Wepora120061PC Reporal l l-13-06WZN 06-2320 (Garna).dr y .