Loading...
HomeMy WebLinkAboutOrdinance 5035 INIIN 111111 II I III II III II IIIII IIIII IIIII IIIN IIIII MIII IIIV I�IWI�IIN Doc ID : 011404370005 Tvice : REL Recorded : 07/27/2007 at 09 : 01 : 46 AM Fee Amt : $20 . 00 Pace 1 of 5 Hashinoton Countv . AR Bette t]BtawsCircuit ClerkQ Q �+ Fi1e200 /']X0002 V V 2 U ORDINANCE NO. 5035 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2602, FOR APPROXIMATELY 0. 18 ACRES, LOCATED AT 28 SOUTH UNIVERSITY AVENUE FROM NC, NEIGHBORHOOD CONSERVATION, TO MSC, MAIN STREET CENTER. 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 NC, Neighborhood Conservation to MSC, Main Street Center, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the rezoning of the subject property is subject to the Bill of Assurance offered by the applicant as shown in Exhibit "C" attached hereto and made a part hereof. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 3rd day of July, 2007. APPROVE ATTES By: By: 7 _ DA COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ���•GAS Y. 4090 cU • � � : FAYETTEVILLE • �.:9s'9RKANSP�J�;: ti/NGror� "do,, u,,,,,,,. ARMAC ENGINEERING ti n 'J V �> x .�.. L,. � Ir t� —w a J Y � kk k �l pp J � e A 6i� f = 43 1ppp EXHIBIT "B" RZN 07-2602 A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1 /4) OF SECTION SIXTEEN ( 16), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING IRON PIPE ON THE EAST RIGHT-OF-WAY OF UNIVERSITY AVENUE, SAID POINT OF BEING NO2036' 1099E 278.50 FEET FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF UNIVERSITY AVENUE AND THE CENTER OF PUTNAM STREET; THENCE N20°36' 10"E ALONG SAID RIGHT-OF-WAY 80.00 FEET TO A SET IRON; THENCE LEAVING SAID RIGHT-OF-WAY S8700695099E 100. 19 FEET TO A SET IRON ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS AND MISSOURI RAILROAD (FORMERLY ST. LOUIS AND SAN FRANCISCO RAILROAD); THENCE S0004311399W ALONG SAID RAILROAD RIGHT-OF-WAY 80.06 FEET TO A SET IRON; THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY N87006' 5099W 102.82 FEET TO THE POINT OF BEGINNING, CONTAINING 0. 1864 ACRES (8120.7 SQUARE FEET), MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. EXHIBIT "C BMI, OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner of this property, (hereinafter "Petitioner's Bob Hopmann, hereby voluntari ly offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Pc6tioner expressly grants the City of Fayetteville the right to enforce any and all of the temts of this Bill of Assurance in the Chancery/Circuit Court of Washington County and agrees that if Petitioner of 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 reasonably rely upon all of the terms and conditions within this Bill of Assurarmce in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning request is approved by the Fayetteville City Council. . 1 . The use of Petitioner's property shall be limited to Unit 1 (City wide uses by right) and Unit 9 CrWo-familydwellings). _ . 2. Other restrictions including number and type of structures upon the property are limited lot 2 duplexes, 4 living units. s 3. Specific activities will not be allowed upon Petitioner's property include: a. Unit 4 — Cultural and recreational facilities b. Unit 5 - Goverment fkcilitiea c. Unit 8 — Single Family dwellings d Unit 10 - lhreo- Family dwellings e. Unit 12 — Offices, studios and related spaces f. Unit 13 — Eating Places g. Unit 14 — Hotel, motel and amusement facilities IL Unit 15 — Neighborhood shopping goods i. Unit 16 — Shopping goods j. Unit 17 — Trades and Services L Unit 19 — Commercial recreation, small site 1 1. Unit 25 — Professional offices m. Unit 26 — Multifamily dwellings n. Unit 34 — Liquor stores o. Any conditional uses will also be prohibited 4. Petitioner specifically agrees that all such restrictions and terns 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 Petitioner's property, IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Bob Hopmann, as the owner (Petitioner) voluntarily offer all such assurances and sign my name below. May aq, 29DnI 4wj+ �ooMnaRw Date Printed Name WID, 014456h Wkk, Fmdk a1 Address ignatur NOTARY OATH STATE OF.piRKAN3AS } ;; ` COUNTY OF WASHING'T'ON } now on this the day of 2007, appeared before me �eM�" an being placed upon his/her oath swore or afTirmed at he/she agreed with the terms of above Bill of Assurance and signed his/her name above. JAL jv� jN4 My Commission Expires: 0FFK;4AL SEA KAREN MCCOY LOMAY OMTARY PUtrM-ARKANSAS WAG NOtON COUNTY COMM. "PI1E3 $10112012 Arka < m Democrazra �Oazitte Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Nathan Bogart, 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 City of Fayetteville: Ordinance No, 5035 Was inserted in the Regular Editions on: July 18, 2007 Publication Charge: $295 . 40 Subscribed and sworn to before me This day of 2007. 14011V Tut I� Notary Public serMy Commission Expires: **NOTE** Please do not pay from Affidavit, Invoice will be sent, �.... -- RECEIVED 3 "" ` ' A -t JUL 2o 2007 } PAO as \ J ' '• 'r� rp�� TY CITY CFFAYETTEVILLL ai i 2013 CITYCLERX'30FFLE Wednesda% J #7* 20©7 ,,. .-. - arlr.rr°y.olr.aa°6.°erwr �•�r,�e. Y IYdI M WN1klaA r flOeln!)t tltl�ti se6'etleelDe iS4'O•reY. .. _. . . 1. 7t•r•Ktilrr'r�_ MOI/Ly'gAll (CMYTIW11ry doomed i9(IMaYib'�M1• SM16Ct 1a1 IG 1H1R PROPETIY -A /'� w d 2. M(IBr{d1Ar IB•1•d•SewBr r6LypKfYeBMaB6r Y6N!•IW N IIFSDgH10 PETRIONRaI w- ,((KKJJ.11� CG -,, .n wrwbaMM.r.��t�M1t�► APPRDI(b1ATELv aISACRES. LOCA?• � SOIIM �7CI I�ABC. AM1KANSAS �,. PYAIi•IrBla•P•rV �, �ISBrAriAe•vlartMdBIwABPm OYT�I!'�ir'roouiCL OFTHE CRY�. ,.. • ARKANtAS: * a 101Iy4-.011IMdINAMNIBr•I"We" �. iy�irrl►arwaraaM(hrN.r�p . b/mgldrOW rteF Spit-�BNBNlb6d6.O• �Wbya61A'aMa �.. _ A ONib-7YMAI•rbP b1�C.BY•I 9•74dA1{ ri piR—�F. - MOI'd AaauNlloa aft aAbyall in ExM*-'V atIA&ZIarelo arA made a Ped�I�sof wNAA a°A •un+eew•EaHVIa t4•aN 1K"INe M oiW td,*Q map d BM CM of Fa?e2i lls,HStnw N he1eby amended Is IL )lab 15 —Neif6ahrd &PP11B Ste• Yr.a.eYnq cw �v pM Section 1 above. 1. tiff IA—swi•6 p•A• wOABBBOSroft BN A16.of 207. }. j, OWI?—ieNrr IWwim itiN QOODA114or S?: Spb11Rt MSTH, qy L pi19-QeaeNwold NB�B.r &sbe Y, L t*25 —PeahMb•• dMM EW"AY mwandmonfibli�Vp�b y��• CR'C�1�•NK•r m. U*26—MdMnft#W~ r pail SB—LiSrtANtir S>oOMfT. r L'ABIfBwROr•irrwiWAwMPBMb•6 SSSSIW4- t ♦ r0d* �r�M1 .iiPl��aielri Y01�0 � n11Fdi7. A PART OF THE NDRf1EAST 1N) OF THE SOUTHWEST OUARfER SW 1N)OF �., ��ry6eINIBB__>MIYi!_Iit1B� ABpNBeB�"ewwa WCTK N SNTEEN (14 TOWtIBHPr�EEIi (16) NORTH, RANGE THRTY WM W� 6A]BI I C�i�iO�tiO: IgnEpARfIGLMLYDESGNSEDASFOLLOWS: BEGNMIDATANEXBTMMONPPEON ' . yi�"ilA� drr66dnet. yr THE EAfft FEET MIOM T11�E IIR RBB D EAwR�wAY OF UNrIEPA" ti w.wlB6resdw rVAMNNN161�6ro*WMKO PMPNW. • AVENUE AND MM HOF PUINMB STREET,THENCE NMWI( 'E ALONG SAD RBHT• i pFWItIrIBtwW yN�BBIr6MMKR10A•••l•INPR7• OF-WILY 60.66 AMY TO A SET "; THENCE LEAVING SAID RIGKT#-WAY SN'AB'66'E ��I S �rwra 1 ,19 FEET TO A SET BION ON THE WEST RIGNf-CF-WAY OF THE ARKANSAS AND AB- i �fBBBaIPieBONoww dw �(JRI RAILROAD (FOMINkY St LOWS AND SAN FRANCISCO ' RAILROAD): THENCE i. BNIAANSL� MM 1S'W ALONE BAD RALROM) RKINT-OF•WAY BOMB FEET TO A SET IRON; THENCE AOgKMT4ANpson&W la"FE6rTOTHE PONT OF SEM � rwlrN/rl� LFJNG SAID pAIRp •V•O••Be�• MIS. CONTANMSA/BB4 ACRES 0120.? SOUAAt P" e'INS OR LESS. FAYETTEVI LE, WASMiTONUMM[XMIMIAINAN u N' i. M'ae TdwA16M6�• ~ ae" ria ii i1in � 1HL OFAYUIrANQ r 'Ili aff O PAYB118VB M ARKANSAS µ 11 ^ti'wrrwiw +iw�K•"*" r�.>t•�fa•iN�'oa 16•w�O�B' - _ ' KMIa1WIie4• �IIMNuryySHB�LyN,6!`.Ydrmrib"efOI6W i R�1AAIiBrBile�aiAr•iti1BMMN�•Me•1PIadIb6BQYK % .. z _ erasK6reurKmNHSIKANreBbMBOsaCaSl °f BwrAlbAr�LMOT4� �eF' gy(�rdalO�rtitYelBYPrKPrIMwaT'•Waal'•.« i. MY6liFNA w••IWlarw►.ew�A; . •r NiIYWa�urKYlrtKA•�eire•.BiMMMl raii•r/ eoup oss 119KMaBlrr rad'N �yroYn lietwMrArlassd6rrrAQbOtrq+N'iR. . . � r"yam t(YBEBWraOBTBiwM1laYgitiP•fi•em•Pte••ra •Ni i, �mrl�i7�6M•ilKwTs4 L �IYIIi)r�Bf yr+Nh 194tIt H �O It i wA�w�of an •. r REC'NED JUL 2 n 2001 CITY CF FAYUrIEVILLE CITY CLEF.<'3 UKriCE 'ednesday, July 18, 2007 " pe{idpor hseby whamulYo6m>ra¢atm bYPitiWmler aitd paitimt'a ;pi00" "1 be faww'ed n bllows 1p prdiWooer'sLesodag LequeM Is appow"d bYthe psyytarille cityCoaed• 1. Theuae of Peidoncr'apilpeaq absB ba liodtedbUdtt (Citywide ltq by Ot101M11110l x0. . dBM)and Udt9 (lwo-dmutydwwiltap)• DINANCE REZONING THAT PROPERTY V ev+ 1V 2. i �,,R� �ofatlamua upon dwpmP°IY IBED IN REZONING PETITION RZN 07- 4 Wyles 1mIM. FOR APPROXIMATELY OAS ACRES, LOCAT- am hailed b: 2 dypbAes. AT 28 SOUTH UNIVERSITY AVENUE FROM S ARKANSAPedamta's laaPdY maada' IGHBORHOOD CONSERVATION, TO MSC, u; 3. advWas wilt net be Wkwad"pace STREET CENTER 4 Uait4-QdoNalmAleaetimel6cilitin R ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAVET.TEVILLE, ARKANSAS: b. unit 5 .C,pwmommt boatim s sbatka 1:That ere zone cessifcatiim of the following dmpipetl prWarybhereae dha: as la C units— FmogdLrwm IL 11pd 10-Ilreo-F sd rdYed apace+ rym NC, er iWend m d e a Part here to MSC, Main Shoel�CeniW, as shown oh FxNbBs'A' erd 'B' e. Ur* 12-0150011. harem and made a pen hereof. is m the SIR of ASSuranCe ullered by £ Unit 13—BlIft P>aete ptlpl $ That ea morning of the naceW DrwaM suade S. Unit 14—BOW, mobil and amuaemmd LtiliWas M'9 ten 2t Th d the In ExhDR •C' rip of the City mM metle a {, Areltkar ool. - IL Usil 15 —NCiyh6MigOd aboppmB Hord% ID)AN igr A That Bre ol6ciel Poring mop of Hre Chy of Fayelevilb; Aiharass b hereby mnended to i�ithezanrg cllaaga provided in S ay of 1 above. i. Unk 17—Sbada a seeds and APPIIOYEY th"s 3rtl day al FX 200]. J. Ualt 17— cwm Mrd$�ie�PATTPs71 k. hail l9-Caoondai mcestma.smlt aiie COODY, Meyer By: SONDRA E. SMITH, Cly CbrkRri§wrar 1. Use 2S-Pmf*"IMW orltcts Exhibit A is nap all may be viewed in the Office of the City CbrWIDG urer M. Unit 26-Aeakaidly dw'dBnyt during nomal business hour& - a. Uoit34-L*=5kIW+ E11NISR "s'. 0. ApYodiamldueesw*R ako 6e PmlWDikd. RLt07•zssz bel a9lagh mmkWmt wA 111111121,110114. PMWeeei tp11C&I OPM alae d mdl SP066WIYmkWW by A PART OF THE NORTHEAST QUARTER (NE OF THE SOUTHWEST QUARTER (SW 1M) OF af>nd W bind all A* t� • [py B,Il OfAaaMrm tha06a Bled SECTION PARTICULARLY LYDESCRIBEPSI FOLLOWS (16) NORTH. GE T AN EXISTING (NGIRONWEST. BEING �t }m�W ��,�m��Weoffa THE EAST RIIMRLYDESC F U ASAERSITY AVENUE AT AN FOISTING NO2- PEON pidd Nd a LKF SCAM THE EAST RIGHT-0F-WAY OF UNIVERSITY AVENUE, SAID POINT OF BEING NO2'38'10'E is�md�ipppppldpt say 278.50 FEET FROM THE INTERSECTION OF THE FAST RIGHT-0F-WAY OF UNIVERSITY ; harift a« p(paWWpK['a pNpeay. AVENUE AND THE CENTER OF PUTNAM STREET; THENCE N20'36'10'E ALONG SAID RIGHT. �. - OF-WAY 80.00 FEET TO A SET IRON; THENCE LEAVING SAID RIGHT-OF-WAY S87'OB'WE yWHaRaW aced blyeuelsm With yi bG Mm Mid cpadOkes ;Qp18 FEET TO A SET IRON ON THE WEST RIGHT#-WAY OF THE ARKANSAS AND-MIS W Wm am SIDURI RAILROAD (FORMERLY ST. LOUIS AND SAN FRANCISCORAILROAD); THENCE Mtlsd ityrai 1.Bbii mitimsm rbeaWaer(PhWWaaWl Woitmtmly off"dl , s00.4T131W ALONG SAID RAILROAD RMaHT-0F-WAY 80.06 FEET TO A SET IRatwtatatad� sYON: THENCE LEAVING SAID RAILROAD RIGHT-0F-WAY N87°O6'S0'W 102.82 FEET`TO THE POINT OF BEGIN- � NING, CONTAINING 0.1864 ACRES (8120.7 SQUARE FEET), MORE OR LESS, FAYETTEVILLE. WASHINGTON COUNTY, ARKANSAS. EXHIBIT `IC" r — �— r�oaZ _ Ptiaed' - BILL OF ASSURANCZ Al 11n. . Poo 711E CITY OF FAYBTTEViLLE, ARKANSAS us "Yn adc b.saNape btipNin appmWll ofanrpHsl lbramoiet taknifiatim, BlaownT of d& p;opMy,(hcdaga"PadWaw o Bob HapsamM busbyrukoVnb oftks this MetAaraood rates into UdtMadin6 apaimeotand mdrect wM 11111CkYof Fayelkm7k, Adler. ��: 5[A`lYM.k�� } iir„ 7lereuLioueraproalr9�tia(]q!aCFQa?tarllkbeaebt�a aafocce ear iCf�tf7fx4B wA ��L�([t 'and aY o[ihefora ofbk BiR ofAaemaltcekbe Cgo*% ,' il6Yfabk tlb.CL-�YaC�2007.iP+w m gwltydagmea drtitPathimsofhWWme'abrlM mip, aT " IbMtF N1�Ih'e bratBpWmatlr --; rioltc myterm ofblsHilt ofAsfmana,d,adal vt4psobk rir>tp i3O Lyall agradxdh thelel6 oe H1lt oCAavaoxddPed ,.a utjoocWra nfieffrhera domao tlb dl&ard C'aY ofFaye0en7k, i� MpbW atlhe dWVL ' Thepmlmd ar uoair>ta bn be Fayeiggin PI®oiog Ca®iuioaad be psyaeilkcity CoarilWW is smMMYdy spm cep of be tstm d magdm r. whedw b mpaVepetiticiews lmanks �. wiBtin bis BiBoCAnmsex b oollsideleH . re9ateL Caa�tafmlaaDOW Na»w:MmFarc eot�aafr an�taFaeasveW Dla JUL 2 n 2007 011V C:F F:\Y rl EUILLt. crri :;Li f.'i C. 61:r iCC 0 � City of Fayetteville Staff Review Form City Council Agenda Items 5935 or QZl�1 Contracts 3-Jul-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 07-2602: (ARMAC/Hopmann, 523): Submitted by 77R AC Consulting Engineers for property located at 28 South University Avenue. The property is zoned NC, Neighborhood Conservation, and contains approximately 0. 18 acres. The request is to rezone the subject property to MSC, Main Street Center. Action Required: n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a 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 Department Di ector Date Original Contract Date: n/a Original Contract Number: n/a City Attorney- Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office 01TUE11,111 / 8 7 Ma r / Comments: City Council Meeting of July 3, 2007 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: June 12, 2007 Subject: Rezoning for Armac (RZN 07-2602) RECOMMENDATION Planning staff recommended and the Planning Commission voted in favor of rezoning the subject property from NC, Neighborhood Conservation to MSC, Main Street Center subject to the Bill of Assurance offered by the applicant to limit the use on the property to residential, for approximately 0. 18 acres located at 28 South University Avenue in Downtown Fayetteville. BACKGROUND An old house was constructed on the property in the 1800's. In 2000, the Planning Commission recommended approval of a rezoning of the property from C- 1 , Neighborhood to R-3, High Density Residential, which is RMF-40. This request was denied by the City Council, however, based on concerns presented at the meeting concerning the development proposed and the historic structure on the property. When the current owners bought the property the house was in disrepair and was removed. The property is now vacant. The property is bordered by a railroad corridor along the east, mixed commercial to the north, and residential uses to the west and south. DISCUSSION This item was heard at the regular Planning Commission on June 11 , 2007. The Planning Commission voted 6-0-0 to recommend approval of this rezoning request to the City Council subject to the Bill of Assurance to limit the use on the property to residential. No public comment was received. BUDGET IMPACT None. i ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2602, FOR APPROXIMATELY 0. 18 ACRES, LOCATED AT 28 SOUTH UNIVERSITY AVENUE FROM NC, NEIGHBORHOOD CONSERVATION, TO MSC, MAIN STREET CENTER. 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 NC, Neighborhood Conservation to MSC, Main Street Center, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2 : That the rezoning of the subject property is subject to the Bill of Assurance offered by the applicant as shown in Exhibit "C" attached hereto and made a part hereof. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of 12007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer e 4h a � a a ✓ y � a times NO— AL tzq In 7 ap k 0 37.5 75 i 225 301 EXHIBIT "B" RZN 07-2602 A PART OF THE NORTHEAST QUARTER (NE'/) OF THE SOUTHWEST QUARTER (SW 14) OF SECTION SIXTEEN (16), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING IRON PIPE ON THE EAST RIGHT-OF-WAY OF UNIVERSITY AVENUE, SAID POINT OF BEING N02°36'10"E 278.50 FEET FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF UNIVERSITY AVENUE AND THE CENTER OF PUTNAM STREET; THENCE N20°36'10"E ALONG SAID RIGHT-OF-WAY 80.00 FEET TO A SET IRON; THENCE LEAVING SAID RIGHT-OF- WAY S87°06'50"E 100.19 FEET TO A SET IRON ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS AND MISSOURI RAILROAD (FORMERLY ST. LOUIS AND SAN FRANCISCO RAILROAD); THENCE S00°43'13"W ALONG SAID RAILROAD RIGHT- OF-WAY 80.06 FEET TO A SET IRON; THENCE LEAVING SAID RAILROAD RIGHT- OF-WAY N87°06'50"W 102.82 FEET TO THE POINT OF BEGINNING, CONTAINING 0.1864 ACRES (8120.7 SQUARE FEET), MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. EXHIBIT "C" 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 of this property, (hereinafter "Petitioner") Bob Hopmann, 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 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 of 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 reasonably 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 Petitioner's property shall be restricted as follows IF Petitioner's rezoning request is approved by the Fayetteville City Council. I. The use of Petitioner's property shall belimited to Unit 1 (Citywide uses by right) and Unit 9 (Two-familydwellings). 2. Other restrictions including number and type of structures upon the property are limited to: 2 duplexes, 4 living units. 3. Specific activities will not be allowed upon Petitioner's property include: a. Unit 4— Cultural and recreational facilities b. Unit 5- Government facilities c. Unit 8— Single Family dwellings d. Unit 10 — Three- Family dwellings e. Unit 12 — Offices, studios and related spaces f. Unit 13 —Eating Places g. Unit 14— Hotel, motel and amusement facilities h. Unit 15 —Neighborhood shopping goods I. Unit 16 —Shopping goods j. Unit 17 — Trades and Services k. Unit 19 — Commercial recreation, small site 1. Unit 25 — Professional offices m. Unit 26 — Multifamily dwellings n. Unit 34 — Liquor stores o. Any conditional uses will also be prohibited. 4. 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 Petitioner's property. IN WETNESS WHEREOF and in agreement with all the tens and conditions stated above, I, Bob Hopmann, as the owner (Petitioner) voluntarily offer all such assurances and sign my name below. N 2'kl aa,i tj r4- 1'baw��R•� Date Printed Name NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } now on this the day oflaftbeing , 2007, appeared before me and placed upon his/her oath swore or affirmed at he/she agreed with the terms oove Bill of Assurance and signed his/her name above. , My Commission Expires: ot!FICMi SEA[ / "0) '(Zr McCOY (D NOTARY PUBLIC -ARKANSAS WASHMpTON COUNTY MY COMM. EXPIRES 810112012 yyeml PC Meeting of June 11, 2007 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 w. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: June 5, 2007 Updated June 12. 2007 RZN 07-2602: (ARMAC ENGINEERING, 523): Submitted by ARMAC CONSULTING ENGINEERS, PPLC for property located at 28 S. UNIVERSITY AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.18 acres. The request is to rezone the subject property to MSC, Main Street Center. Property Owner: Robert and Cheryl Hopmann Planner: Andrew Gamer RECOMMENDATION: Staff recommends approval of the requested rezoning from NC to MSC based on the findings herein, and subject to the Bill of Assurance offered by the applicant. BACKGROUND: Property Description: The subject property contains approximately 0.19 acres located at 28 South University. An old house was constructed on the property in the 1800's. In 2000, the Planning Commission recommended approval ofa rezoning of the property from C-1, Neighborhood to R-3, High Density Residential, which is RMF-40. This request was denied by the City Council, however, K. IReports120071PC ReportslO6-! l-071RZN 07-2602 (Armac).doc based on concerns presented at the meeting concerning the development proposed and the historic structure on the property. When the current owners bought the property the house was in disrepair and was removed. The property is now vacant. The property is bordered by a railroad corridor along the east, mixed commercial to the north, and residential uses to the west and south. Surrounding land use and zoning are listed in Table 1. Table I Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Mixed commercial MSC South Single-family residential NC East Railroad corridor; Single- and multi -family residential NC West Multi -family residential RMF-40 Proposal: The applicant proposes to rezone the property from NC to MSC, with an associated Bill of Assurance to limit the use on the property to residential. The applicant has submitted a concept plan for development of the property for informational purposes. The concept depicts two duplexes that would face University Avenue with parking in the rear of the lot. The letter provided by the applicant indicates that these units would have a Victorian style front porch and a single family home appearance. Recommendation: Staff recommends approval of the rezoning request based on findings stated herein. INFRASTRUCTURE: Streets: The site has access to University Avenue. University is an unimproved, paved roadway in this location. Improvements to the adjacent streets will be evaluated at the time of development. Water: Public water is located adjacent to the site. There is a 6" waterline along University Avenue. Water service may need to be extended through the property at the time of development. Sewer: Sanitary sewer is available on the site. There is an 8" sewer main along University Avenue. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main may need to be studied at the time of development Drainage: Standard improvements and requirements for drainage will be required for the development. This property is greatly affected by the 100 year floodplain. Fire: The subject property is located 0.60 miles from the Fire Station #1 at 303 West Center. Fire response time is approximately 2.25 minutes. Projected service calls for K: tReporu120071PC Repor(s106-11-07AZN 07-2602 (Armac). doc the subject property, at maximum build -out, is I call per year. There should be no adverse effects on call volume or response time. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services. LAND USE PLAN: The Future Land Use Plan adopted as part of the City Plan 2025 designates this site as Complete Neighborhood Plan — Downtown Master Plan. Rezoning this property to MSC with the associated Bill of Assurance limiting the use to residential only, is compatible to the surrounding uses and density of adjacent residential development and consistent with the surrounding land uses. 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 consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Surrounding properties are zoned MSC, NC, and RMF-40 and are residential in nature with the exception of the mixed commercial center immediately to the north. The proposed MSC zoningwith a Bill of..Assurance limiting the use to residential is compatible with adjacent properties, and allows for a higher density residential use adjacent to other multi -family zonings and uses. The proposed use would provide a higher level of transition between the residential neighborhood to the south and the commercial to the north. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has responded that the requested MSC zoning is justified and needed at this time; stating that it is not desirable to develop the lot with one single family home as allowed under the current zoning due to the surrounding commercial and multi -family development. Staff agrees somewhat with the applicant's response, although there is continuous stretch of single family residences immediately adjacent to the south. Staff finds that it may be feasible to develop this property for a single-family residence, although the more intense MSC zoning would encourage infill development in the downtown area, and multi -family dwellings that would be allowed would be appropriate in this mixed use area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. K:IReports1200APC Reporu106-11-071RZN 07-2602 (Arnwc).doc Finding: Future development with the proposed zoning would potentially increase traffic accessing onto University Avenue and surrounding streets over the existing zoning, however the increase would be minimal due to the small lot size, and would not cause appreciable increase in traffic danger and congestion in the area. Police - It is the opinion of the Fayetteville Police department that an appreciable increase and 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. Public service providers have responded accordingly. Increased load on public services were taken into consideration and recommendations from. Engineering, Fire, and Police Departments are included in this report. Significant adverse impacts to public services would not result with the incorporation•.ofstandard improvements as part of the development.. 5. If there are reasons why,.theproposed 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:IReporu120071PC Reporu106-I1-071RZN 07-2602 (Armac).doc Fayetteville Unified Development Code 16113 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings (2) Conditional uses. Unit 2 City-wide uses by • conditional use iethiit Unit 3 Public protection �nd'utility facilities Unit 4 Cultural and recreational facilities Unit 10 Three-famil dwellin s-. Unit 12 Offices, studios: and related services Unit 24 Home occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 50 ft. Three Family 60 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front The principal facade of K.'IReporu120071PC ReportstO6-11-071RZN07-2602 (Armac).doc a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal, if 5 ft. adjoining a similar use unit. Side, internal, if 5 ft. adjoining a different use unit Rear, without easement 5 ft. or alley Rear, from center line 12 ft. of an easement or alley (F) Minimum buildable streetftontage. 40% of lot-' width. (G) Height regulations. Maximum height is 3 - stories or 45 feet which ever is less. Fayetteville Unified Development Code 161.21 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street / Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi- story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities • Unit 8 Sinle-&mily dwellings • Unit 9 ' Two-family dwellings Unit 10 •Three4ami1y dwellings Unit 12 Offices; studios and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline services stations and drive in restaurants K. IReporis1200TPC Reports106-t t-071RZN 07-2602 (Armac).doc Unit 24 Home occupations Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. I Dwelling (all unit types) 118 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property, line and a line 25 ft, from the • front prdp�rtyiine. Side, facing street The principal facade of a building shall be built withid,a build -to zohe that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without easement 5 ft. or alley Rear, from center line of 12 ft. an easement or alley (F) Minimum buildablestreetfrontage. 75% of lot width. (G) Height regulations. Maximum height is 6 stories or 84 feet which ever is less. Above four stories there shall be a stepback of the building's principal facade of no less than i5 ft. (H) Parking regulations. No parking lots are allowed to be located in the front or side build -to - zone facing a public right of way. Date 5/30/07 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether Rezoning RZN 07-2602: (ARMAC ENGINEERING, 523): Submitted by ARMAC CONSULTING ENGINEERS, PPLC for property located at 28 S. UNIVERSITY AVENUE would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. It is the opinion of the Fayetteville Police Department that this PZD will not substantially x .. alter the population density or create an undesirable increase, in police services. It will not create an appreciable increase in traffic danger and congestion in the area. Sincerely, Captain William Brown _Fayetteville Police Department Fayetteville Fire Department To: Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson Assistant Chief Bud Thompson From: Captain Dale Riggins Date: May 24, 2007 Re: May 23, Zoning Review —. Fire Department Comments R-PZD 07-2578 (Bailey Meadows) These 4.73 acres are covered by Engine 6 located at 900 S. Hollywood. It is 4.1 miles from the station with an anticipated response time of 7 minutes. The Fire Department anticipates 1 call for service, per year, once the development is completed and maximum build -out has occurred. There is no measured hydrant flow recorded in this area. There should be no adverse effects on our call volume to this development. RZN 07-2602 (Armac Engineering) This .18 acres is covered by Engine 1 and Ladder I located at 303 W Center. It is .6 miles from the station with an anticipated response time of 2.25 minutes. The Fire Department anticipates 1 call for service, per year, once the development is completed and maximum build -out has occurred There is no measured hydrant flow recorded in this area. There should be no adverse effects on our call volume or response time to this development. RZN 07-2603 (Kooshesh) These 1.59 acres are covered by Engine 7 located at 835 N Rupple Road. It is .7 miles from the station with an anticipated response time of 2.75 minutes. The Fire Department anticipates 9(6 EMS & 3 Fire/Other) calls for service, per year, once the development is completed and maximum build -out has occurred. The service impact of this type development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. The measured hydrant flow in this area has been recorded at 1520 gallon/minute. There should be no adverse effects on our call volume or response time to this development A - MW EER5, PLLC 0.4 Planning Commission May 3, 2007 City Planning Department 125 W. Mountain Fayetteville, AR 72701 Dear Commissioners & Staff: NO. 28 UNIVERSITY AVENUE - REZONING REQUEST FROM N -C TO MSC. In October, 2006, the parcel of interest was re -zoned by the City of Fayetteville from R -O to NC, or Neighborhood Conservation. This particular zoning was not at the request of the owners. Their full intent prior to that date was to construct offices consistent with the R -O zoning. The zoning adjacent to this property varies from Main Street Center (MSC) to RMF-40. To the south the adjacent zoning is Neighborhood Conservation (N -C). The owner respects the desire of the city & local residents to conserve the appearance and state of the neighborhood conservation district, and although several uses would be permitted if the property was rezoned to MSC, the owner plans to• develop the property as residential only. Due to usage restrictions and maximum density requirements for N -C zoning, one single family home can be built on this site. Unfortunately, the surrounding commercial and high density apartments immediately adjacent to the property make it an undesirable location for such a dwelling. assNrAort tias beer, provi'de I•e1a * A i ry iB sur ce i e ed a PI sio rdl e I I that the property will be developed as residential usage only and will be transferable with the deed of the property should it be sold. However, the owner plans to develop the parcel as presented to the Planning Commission at the time of rezoning application. Per a consultation with Staff on May 3, 2007, there would be no significant impact on the utilities if the proposed buildings were added. An e-mail from Shannon Jones indicating this is attached. The plans which are included show the appearance of the 2 duplexes to be built. Each building compliments the surrounding neighborhood district featuring Victorian style front porches and a single family home appearance. The scope of the project will include two buildings of approximately 2,220 square feet each, having a footprint of 1,110 square feet. Each lot would contain four parking spaces as required by code. Parking would be located behind the building so as not to deter from the existing neighborhood streetscape. It is served with a common access drive located between the two buildings. Thank you for considering the owner's request. Sirely, hell est Design Engineer 3715 North Business Drive - Fayetteville, Arkansas 72703 Ph (479) 444-8398 Fax (479) 251-0714 CC: File 07-011 Robert & Cheryl Hopmann Proposed Buildings 2 Levels per Building 1 Unit per level 3 bedrooms 2 bathrooms Area per level: 1110 sf rai#-inII a akI MASTER dent L!ASTER BEDROOM ROOM t}6 r 1i' x 11' �" BEDROOM BEDROOM 10•s l0' 10`x10' KITCHEN BEDROOM IKITCHEN BEDROOM 10'6 , 8'6 !P x t0R work 'r rs Waokiost bag reodast but AREA GREAT AREA GREAT 10' x 10 ROOM 10' x 10 ROOM 11' 14x 14' _-rcifny COVERED COVERED PATIO DECK C First Floor Second Floor U:WIMac Engineer g-Mtlr--han\07-011 Universdy Ave\Ccn eKOwveNly aveivg, 5/3/2007 9's':55 AM UNIVERSITY AVENUE N D r - m Ta I m� O 20' 0 m 0 03-H —' O N -H 0> 1 Cr) T O -H D m D 25 a O (U w N D -) 0) (p C I < cc w N ON Q I 0 in 0:3 OLD Co in ARMac _-._CONSULTING ENGINEERS, PLLC N O 0 D C) (0 r-. m Q CD 25' - < -) 0) i) -Na Q 0 0:3 OLD CD # 28 S. University Ave. CONCEPT PLAN Page 1 of 1 Shelly R. West From: Shannon Jones [shjones@ci.fayetteville.ar.usl Sent: Thursday, May 03, 2007 9:16 AM To: Shelly R. West Subject: University Property Per our conversation this morning, the existing water and sewer infrastructure in the vicinity of 28 South University Avenue appears to be adequate for a proposed construction of four livable units. No additional improvements would be recommended. Shannon W. Jones, P.E. Water & Wastewater Staff Engineer City of Fayetteville 125 W. Mountain Fayetteville, AR 72701 (479) 575-8206 (479) 575-8202 fax 5/3/2007 I:? ... i I I ` i I i I 1 / b 1 • I I ik• l I. I/. � I 1 I �• I f+ I rI1 l E t 'I I.�. 7 7j f I � r y I I I , >_ ;, y .. mo, - ..—Jr_:1 —�� �—,`emu' Tom., I�^—{. .. v i , 1 a -1 r ii ir-4 F _________4 ' lY L _ d Y I i 41;P _ _ F { '. Li �� - 7L I r 1 Y _.. f yyyyyyl S 4 `II fr i '��. 1� � e' f "'t' r •' 3Y ir� A � I, O r At 1�✓�� _ S. r4 -+r , if r ti [��wJEr C( f II --C FC 6N �{ � L {- 4 m ax _ L _ • ry V { A hL sa Eb � I l .i•}yS , ! K N r f F i y .! ��.i. ' a I Y t �x`rA"zTf �/ ��` toy' c!NSiitt%M1�5P. X.i�.5 ����in�r 9 e^..Yxht rf'tE:w— _ '