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
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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
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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
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include 11
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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
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Date: November 132606 x X Appioved ❑ Demeiir i ' `'
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roved ❑ Denied � ' rt
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llate Ypecember 5 2006 T1 readm>? ll recommcnded)
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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
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