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Home My WebLink AboutOrdinance 5187 Recorded : I3/17%20080atT04e07R38 PM Fee Amt : $35 . 00 Pace 3 of 5 Hashlncton Countv . AR Bette Stamps Circuit Clerk FS1e2008-00036733 ORDINANCE NO, 5187 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3085, FOR APPROXIMATELY 1 .55 ACRES, LOCATED AT 1165 NORTH MEADOWLANDS DRIVE FROM R-O, RESIDENTIAL OFFICE, TO C- 1 , NEIGHBORHOOD 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 R-O, Residential Office to C- 1 , Neighborhood Commercial, 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 2151 da of October, 2008. Yo Y " a G APPROVED: ATTEST: ; FAYE77EVILLE ; 'A By: eas By: G70N V G . DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN08-3085 WASHINGTON COUNTY FARM BUREAU Close Up view SUBJECT PROPERTY ;. S S �I i F Rd F R-0 4'i R-0 R�!1 IJ , pFl rrffGG � �o II II s RA R-0 i R-0 R-0 Overview pgKqq.=_..._ - I ; ..,.. 0 37.5 75 150 225 300 Feel I I EXHIBIT "B" RZN 08-3085 A PART OF THE SW 1 /4 OF THE NE 1/4 OF SECTION 12, T- 16-N, R-31 -W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A COMPUTED POINT FOR THE NW CORNER OF THE SW 1/49 NE 1 /4 SECTION 12, T- 16-N, R-31 -W, THENCE SOUTH 02035138 " WEST 897. 10 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 87024122" EAST 182.83 FEET, THENCE S 02043' 18" WEST 364.30 FEET TO A FOUND IRON PIN, THENCE SOUTH 45044128" WEST 9.37 FEET TO A FOUND IRON PIN, THENCE NORTH 86°55'31 " WEST 175.62 FEET TO A FOUND IRON PIN, THENCE NORTH 02035138" EAST 369.66 FEET TO THE POINT OF BEGINNING. CONTAINING 1 .55 ACRES±, MORE OR LESS, SUBJECT TO ANY EASEMENTS OR RIGHTS OF WAY OF RECORD OR FACT. EXHIBIT "C" , Page 1 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 � rje vel er, °Orr buyer of this property, (hereinafter "Petitioner") ��,'d��,� ! f�ilOG/ hereby voluntarily offers this Bill of As ce and enters mto 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 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 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 is approved by the Fayetteville City Council. 1 . The use of Petitioner's property "I bS limited to 2. Other restrictions including number and type of structures upon the property are limited to ✓ / /L - 3. Specific activities willnot be allowed upon petitioner's prop include • i, 4. (Any other terms or conditions) 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 Petitioner's property. E RE F d in a ent with all the terms and conditions stated above, I, �� as the owner, developer or buyer (Petitioner) volun rily offer such assurances and sign my name below. Date Printed Name ddres , Jot )OY /�Owlo Signature NOTARY OATH STATE OF ARKANSAS } ` } .ss COUNTY OF WASHINGTON } And on thi§ the 12_ day of Aeg, , 200% appeared before me, , a Notary Public, and after being placed upon his/her oath swore or aififined fhat he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. OTARY P LI My Commission Expires: pO p i 0 ��' � . . Z: - :c4 NOTARY Cpp• PuBoo B, age N. Washington County, AR ._� I certify this instrument was filed on 11/17/2008 04:07:38 PM and recorded in Real Estate File Number 2008-0003873 Bette Stamps - Circuit er by City of Fayetteville Staff Review Form tp�d City Council Agenda Items 5197 and KZ� Contracts, Leases or Agreements 10/21 /2008 City Councilncil Meeting ng Date Agenda Items Only Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 08-3085: (Washington County Farm Bureau, 400): Submitted by Vince Massenelli for property located at 1165 North Meadowlands Drive. The property is zoned R-O, Residential Office, and contains approximately 2.53 acres. The request is to rezone a portion of the subject property to C-1 , Neighborhood Commercial. Cost of this request Category M Project Budget Program Category M Project Name Account Number Funds Used to Date Program 1 Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Dep rtment Difector Date Original Contract Date: b ' 1- O`z Original Contract Number: Ci ltorney Date 0. F ceived in City BY�nlerk's Office I �� Finance and Internal Service Director Date / Received in � Mayor's Office � rJ " Mayor !!! to Comments: Revised April 16, 2007 City Council Meeting of October 21 , 2008 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: September 29, 2008 Subject: Rezoning for Washington County Farm Bureau (RZN 08-3085) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning a portion of the subject property from R-O, Residential Office to C-1 , Neighborhood Commercial located at 1165 North Meadowlands Drive, subject to the offered Bill of Assurance. BACKGROUND The property, containing approximately 2.53 acres, is located west of Rupple Road. On December 10, 2007, the Planning Commission approved a large scale development (LSD 07-2728) on the subject property for a 9,545.44 s.f. office building for the Washington County Farm Bureau. The applicant has obtained all necessary building permits, and construction of the office building has commenced. The applicant requests approval to rezone the portion of the property that is adjacent to Wedington Drive from R-O to C- 1 to allow for a more appropriately dimensioned sign for the business (from the allowed 16 SF to a maximum of 75 SF). The applicant proposes to maintain the current R-O zoning district for the eastern portion of the subject property to serve as a buffer between the proposed C- 1 zoning district adjacent to Wedington Drive and the single family neighborhood to the east. The applicant has also submitted a Bill of Assurance limiting uses on the property, if the rezoning is approved, to the permitted and conditional uses allowed in the R-O zoning district, with the exception of Use Unit 15 (Neighborhood Shopping) as a permitted use. In addition, signage On the property will be limited to monument signs. No pylon signs shall be allowed. DISCUSSION This item was heard at the regular Planning Commission meeting on September 22, 2008. The Planning Commission voted 7-0-0 to forward this rezoning request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3085, FOR APPROXIMATELY 1 .55 ACRES, LOCATED AT 1165 NORTH MEADOWLANDS DRIVE FROM R-O, RESIDENTIAL OFFICE, TO C- 1 , NEIGHBORHOOD 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 R-O, Residential Office to C- 1 , Neighborhood Commercial, 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 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN08-3085 WASHINGTON COUNTY FARM BUREAU Close Up View { ` ��jJ(�{yy►►] {� `� # �' SUBJECT PROPERTY ,a " :f :1 1 ° t i 3 ` i Fi = ✓ a y 3# {;pjg' of f }k na 41 IL . 7s -r' 't i• . { � •{' r k a t is � i Afi .$ - kl t f RA 4a f = ^ Overview 9:_..... 0 37.5 75 iso 225 300 feet EXHIBIT "B" RZN 08-3085 A PART OF THE SW 114 OF THE NE 1 /4 OF SECTION 12, T-16-N, R-31 -W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A COMPUTED POINT FOR THE NW CORNER OF THE SW 1/4, NE 114 SECTION 12, T-16-N, R-31 -W, THENCE SOUTH 02035'38" WEST 897.10 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 87024'22" EAST 182.83 FEET, THENCE S 02043'18" WEST 364.30 FEET TO A FOUND IRON PIN, THENCE SOUTH 45044'28" WEST 9.37 FEET TO A FOUND IRON PIN, THENCE NORTH 86055'31 " WEST 175.62 FEET TO A FOUND IRON PIN, THENCE NORTH 02035'38" EAST 369.66 FEET TO THE POINT OF BEGINNING. CONTAINING 1 .55 ACRES±, MORE OR LESS, SUBJECT TO ANY EASEMENTS OR .RIGHTS OF WAY OF RECORD OR FACT. EXHIBIT "C" Page 1 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 Agew buyer of this property, ari(hereinafter "Petitioner") l � i into herebyvoluntarily offers this Bill of Assur ce and ente 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 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 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 is approved by the Fayetteville City Council 1 . The use of Petitioner's property s all b limited to 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities not be allowed upon petitioner's property include 4. (Any other terms or conditions) 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 Petitioner's property. INES 'RE�F d in a eement with all the terms and conditions stated above, I, ��/�/_ t�lOG" , as the owner, developer or buyer (Petitioner) volun rily offer all such assurances and sign my name below. Date Printed Name ddres Signature NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And on this the L-,7e day of2003, appeared before me, a Notary Public, and after being placed upon his/her oath swore or affifined. that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. OTARY P BLI My Commission Expires: Wim . . Q. ;Zle PUBLIC 0i=� ��iy•.��s OS1141�•�PQ`� izzjz'0 ; NT