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HomeMy WebLinkAboutOrdinance 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 Meeting of September 22, 2008 -M------ .v.. Fayetteville AR I Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 16, 2008 Updated September 23, 2008 RZN 08-3085: (WASHINGTON COUNTY FARAI BUREAU, 400): Submitted by VINCE MASSENELLI, MGR. WASHINGTON COUNTY FARM BUREAU for property located at 1165 N. MEADOWLANDS DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 2.53 acres. Neighborhood Commercial. property to C-1, er: Dara Sanders Properly Description: 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 fora 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. Direction from Site Land Use Zoning North Residential RT-12 South Undeveloped R -A, R -O East Undeveloped R -O West Commercial R -A Request: The applicant requests approval to rezone the portion of the property that is adjacent to Wedington Drive from R -O to C -I to allow for a more appropriately dimensioned sign for the business. 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 -I 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 listed on Page 2. In addition, signage n the property will be limited to monument signs. No pylon signs shall be allowed. K: VReporisl20081PC Repo'ts118-September 22IRTNV 08-3085 (Washington Co Farm Bureatq.doc District R -O, Residential Office Permitted Uses Use Unit Unit I City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 1.2 Offices, studios, related services Unit 25 Professional offices Conditional Uses Use Unit Unit 2 City-wide uses b conditional use ermit 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 District C -1, Neighborhood Commercial with Bill of Assurance Permitted Uses Use Unit Unit I City-wide uses by right Unit 12 Offices, studios, related services Unit 13 Eating Places Unit 15 Neighborhood Shopping Unit 18 Gasolineand dvo in restaurants Unit 25 Professional offices Conditional Uses Use Unit Unit 2 City-wide uses b conditional use ermit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor Stores Unit 33 Outdoor Music Establienth Unit 36 Wireless Communications Facility Public Comment: Staff has not received public comment. K: tReports12008NC Reports l8 -September 221R2N 08-3085 (Washington Co Form RureauJ.doc RECOMMENDATION: Staff recommends forwarding the rezoning request to the City Council with a recommendation of approval based on findings stated herein. The proposed zoning with the Bill of Assurance that limits the allowable uses would be compatible with adjacent zoning and surrounding developments. PLANNING COMMISSION ACTION: Required V `:YES:- <, O Approved r x',Forwarded '. ' O Denied Motion: Winston ';Second:'Cab`e �'ote70 0t .. rtY.•• - YiE'iyI 4 0 1 "F !1 CITY COUNCIL ACTION: a g Re uired ; f rYES, . r vTJfm� �. • cy O''ApprovedE ❑Denied Date: a' L i 41 INFRASTRUCTURE: Streets: The site has access to Meadowlands Drive and Wedington. Meadowlands Drive is an improved paved two lane city street. Wedington Drive is an improved five lane state highway. Street improvements will be evaluated with the proposed development. Water: Public water is available to the property. There is an 8" main along Wedington. Sufficient water is available to the property to provide domestic service and fire protection. Sewer: Sanitary sewer is available to the site. There is an 8" sewer main on the east side of Meadowlands Dr. Sewer may need to be extended through the property at the time of development. Drainage: Standard improvements and requirements for drainage were required for the development. This property is not affected by the I 00 -year floodplain. Fire: This property will be covered by Engine 7 located at 835 N. Rupple Rd. It is 0.4 miles from the station with an anticipated response time of 1 minute. The Fire Department does not anticipate that there will be calls for service for this development. The Fayetteville Fire Department does not feel this development will affect our calls for service or response times - Police: It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This RZN will possibly create an appreciable increase in traffic danger and congestion. K:IReportsl2008lPC Reportsll8-September 22Vt7NV 08-3085 (Washington Co Farm Bureau).doc CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area, which encourages low -intensity non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. 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 property is designated as City Neighborhood Area in the City Plan 2025 Future Land Use Plan, which encourages low -intensity non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. Staff finds that the proposal to rezone a portion of the property adjacent to Wedington Drive is consistent with the City Plan 2025 land use designation. Wedington is a 5 -lane highway that is designed to accommodate large traffic counts and the uses that would be permitted with the C -I zoning district and the associated Bill of Assurance. By limiting several of the permitted uses and the type of signage in the C-1 zoning district, the property will remain compatible with the residential area as well as provide limited commercial services for those residents. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed in order to regulate the allowable uses on this property as well as provide the applicant an opportunity to utilize the subject property in an appropriate manner that is compatible with adjacent land uses. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: There is no known proposed re -use of the site at this time, as the site is currently being developed for professional office use (Farm Bureau insurance company). It is anticipated that a future commercial use on the property would increase traffic from that which is currently generated. However, Wedington Drive is a 5 -lane, Principal Arterial in this location, which should adequately serve the increase on the subject property if it is ever redeveloped to accommodate a commercial use that is permitted by the C -I zoning district and associated Bill of Assurance. At the time of development, curb cuts/entry drives onto the K: tReportsl2008PC ReporUI18-September 22IRZN 08-3085 (Washington Co Farm Rureuu).doc property were reviewed for safety. Should the property ever be redeveloped, staff would review access for safety. 5. 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 alter the population density in the area. 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: Not applicable. Staff recommends in favor of the requested zoning. K:I Repor:sl2008l PC Reports /8 -September 22iR7N 08-3085 (FYashingion Co Farm Bureau).doc Washington County Farm Bureau 5a. The Washington County Farm Bureau, being the sole owner of the property located at 1165 N. Meadowlands, wishes to request a C -I rezoning for this property to accommodate a monument sign, such as other business signs on Wedington Drive. For example: Pulaski Bank Ozarks Electric First United Pentecostal Church Airways Freight Metropolitan Bank Covenant Presbyterian Church Westridge Freewill Baptist Church Boomerang Carwash I -HOP Citgo Service Station Bank of Fayetteville We feel this would be more compatible with other signs in the area. We would also be in agreement to provide a Bill of Assurance signifying this change is for monument sign use only. We have completed this Bill of Assurance and it is attached. 5b. Ability to expose our business in such a manner that is pleasant and compatible with future development in the area. 5c. The only relation to Washington County Farm Bureau is the signage issue. There are several businesses in this area currently using monument signs. We feel our sign would blend in and be both attractive and appealing to the surrounding area. 5d. We currently have a 5/8" water line and a 4" sewer line on the premises of 1165 N. Meadowlands. The actual lines are located on the corner of Wedington Drive and Meadowlands Drive. 6a. Currently our property is zoned R -O. The only change we are requesting is to re -zone to C -I in order to be able to have a monument sign comparable to other businesses in the area. This would be the only change that would affect the area. 6b. The current zoning ordinance allows for a pole sign of 2' x 2' size or a monument sign of 16 sq. ft. In order to have the proper exposure for our business, we feel a 75 sq. ft. sign would be more acceptable and compatible with current signs in the area, thus the request for C -I zoning. 6c. The re -zoning to C-1 would not increase traffic danger or congestion. 6d. The re -zoning to C-1 would not alter the population density or affect the load on public services, including schools, water, and sewer facilities. 6e. The only reason we are requesting a zoning change is to be able to have adequate advertising for our business that a 75 sq. ft. monument sign under a C -I zoning would allow, as compared to R -O limitations of a 2' x 2' pole sign or a 16 sq. ft. monument sign. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the ,psy&e yel per, r buyer of this property, (hereinafter "Petitioner") ' hereby voluntarily 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. l., The use of Petitioner's property s all b limited to I c/ c 2. Other restrictions including number and type of structures upon the property are limited to /iSPficactmun/nallownPeonersProPeu include 4. (Any other terms or conditions) 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. IN WG�ES �V��in as rat with all the terms and conditions stated above, I, �i wily as the owner, developer or buyer (Petitioner) voluntarily offer all assurances and sign my name below. p. 4. i�r�yror��uilr/ ftfi' Ae,1i2 Printed Name NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } Al And rw on this the day of 6 , 200$, appeared before me, a Notary Public, and after being placed upon his/her oath swore or affdued(hat he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. OTARY P BLI My Commission Expires: NoTARY RZN 08-3084: (CANDLELI AT PLACE, 367): ubmitted by PAT - .�GOWAN for property located at the CORNER OF GREGG AVENUE A D ASH STREET. The property is zoned RSF-4, SINGLE FAIHLY - 4 UNITS/ACRE and co ins approximatel;y 0.94 acres. The request is to rezone th ubject property to RMF-24fr.ESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. PI er: Data Sanders Public water is available to the operty. The is an 8" main along Gregg Avenue and Ash Street. Water may need to be exte'h4ed thro gh the property at the time of development to provide domestic service and fire oro'tctiof. Sanitary sewer is available to the site a is a 6" public main along Ash Street. Sewer may need to be extended through the pr erty at fhe time of development. The capacity of the existing main will need to be evy6ated at the ti a of development. The site has access to Gregg/ye, and Ash St. Ash'Street is an paved two lane city street of sufficient width. Gregg Av . is a fully improved four'lqne city street. Street improvements will be evaluated with the prop sed development. Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100 -year floodplain. .tl„�ytri� pi 1,Sia Co c RZN 08-3085: (WASHINGTON COUNTY FARM BUREAU, 400): Submitted by VINCE MASSENELLI, MGR. WASHINGTON COUNTY BUREAU for property located at 1165 N. 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. Planner: Dara Sanders Public water is available to the property. There is an 8" water main along Wedington. Sufficient water is available to the property to provide domestic service and fire protection. Sanitary sewer is available to the site. There is an 8" sewer main on the east side of Meadowlands Dr. Sewer may need to be extended through the property at the time of development. The site has access to Meadowlands Drive and Wedington. Meadowlands Drive is an improved paved two lane city street. Wedington is an improved five lane state highway. Street improvements will be evaluated with the proposed development. Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100 -year floodplain. Date 8/28/08 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 the proposed RZN 08-3085: (Washington County Farm Bureau, 400): Submitted by Vince Massenelli, Mgr. Washington County Bureau for property located at 1165 Meadowlands 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. The property contains approximately 2.53 acres. It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This RZN will not create an appreciable increase in traffic danger and congestion. Sincerely, Captain William Brown Fayetteville Police Department Department 303 W. Center St. Fayetteville AR. 72701 RZN 08-3085: (WASHINGTON COUNTY FARM BUREAU, 400): Submitted by VINCE MASSENELLI, MGR. WASHINGTON COUNTY BUREAU for property located at 1165 N. 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. This property is covered by Engine 7 located at 835 N. Rupple Rd. It is .4 miles from the station with an anticipated response time of i minute. We do not figure calls for service on commercial developments; this type of development typically does not affect our calls for service. Measured hydrant flow is 1630 gallons per minute in this area. RZNO8-3085 WASHINGTON COUNTY FARM BUREAU Close Up View SUBJECT PROPERTY )F r I Overview _V a..�. • J 0 37.5 75 150 225 300 Feet 1 RZN08-3085 WASHINGTON COUNTY FARM BUREAU One Mile View F RRO •r R5Fd R tl'i:.a� WW DUCK D0. y R �d .'w^tw+.• +. pAp � $ Wias1jj -1 p ¢RSFd'y r MOU M' TROk w l �.._ , �e 1 L SU N POD - ' b` ;"" _ ji NI COMPoRT RO .S MOUNT MF R H RSFd}}p[ r Fd i' F p YAVE0.LV Rp V� w t j . RSf.t y T .we --r ` RSFa IESSA Z I G LI\1mo WPY ....... a { . 1 HRO R-1 e - rj < oVK �W .. RSFd ' t" j RSFJ I ..•nw - � Z-..�r.�.� p PEO UTI ROCK `w' ~ r6 z °o' NEtti Rf00 �ln RSF�'R 1N al� RSFdI y H , `ASREBI id�21 y'm `3: Eiy0 . •� C '.RP20 3 RSF1 .. ¢ 9FAIRFAX 2 5 4 Clssk VRR _. ;!DOVER ST i�, ✓'��i 4 t. •' RSFd'�f MOONLlG1Ir pR p VERp RS d �{' RSF-4 ' S S �'RUCKEYE'ST� - T-12 RSFd, • LF' SUBJECT PROPERTY .m ' _' n 2 F Z Rr d¢ R Fze' 1 p py RS s RSFd 1'RN.-0w:,Si tKORSFd I asF1I "2i ��\rr RA RSFj R �...� �� •RSF... Wi RSIF RA,. RSF- „� �.J1L-0. OM-i,�.REO 1 Ctl A. RA I L Gy RA o DING O v - :� U C+.3,4 ( R-OGr 6y' C 1 �, yW) 9 3 12 R4iGt IRSF Pi P.i RP20 R(6'—detlL RArnI Sj —fi FJ. 1 p RO I ... C Aj. �I�tRe a�. RA f RSFd RSFd '• J RSfd 13 RPM t� RP76 RA , .-. Ilsiv+-FrM "J*Jrrl •rrr. RPZO ft.! J v fpm 9` PFRStN ON -_ O Xh at. ..wy,. :are ♦ ...✓.� VE.s 1V `: . RSFd RSFd - -'C,---� .. RSF' RSF< ! "— a" SF -0 SF RSFtl ♦ RNA 2Y•, F ` RSF-0 �Po liff-0 Ed s -n ' R'A a' 't4"S ry 2 af; tt gg yypp�� P -A,.- RSF4• <: "tsi� �'Ny>�" FEZ ' • v p3b .e-- RSF-1 r t! s.r:-we.1t~'-.e Overview Legend Boundary - - - Subject Property ONE Planning Area RZN08-3085 ooarcg • aoo0oocoverlay District � Outside City , Legend ® Hillside -Hilltop O erlay District 0 0.25 0.5 1 Miles RZN08-3085 Future Land Use WASHINGTON COUNTY FARM BUREAU r J I i ?' l l 1 Q Rural Area Q General Urban/City Neighborhood Area 'I. bate Open Space/Parks onal G Overview I. _ r SUBJECT PROPERTY Legend Subject Property ®RZN0B-3085 Boundary Planning Area Streets cpcoco o o Overlay Oisbicl 000000 r Existing Outside City Planned Legend 0 37.5 75 150 225 300 Feel From: Clarice Pearman To: Pate, Jeremy Date: 10.28.08 10:41 AM Subject: Ord. 5187 Attachments: 5187 RZN 08-3085 Wash Co Farm Bureau.pdf CC: Audit; GIS Jeremy: Attached is a copy of the above ordinance regarding RZN 08-3085, Wash. Co. Farm Bureau. Please let me know if there is anything else needed for this item. Have a good day. Clarice NORTHWEST ARKANSAS EDITION • A Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED NOV 0 6 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Cathy Wiles, 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 5187 October 30, 2008 Publication Charge : $84.40 ) p Signed: --- Subscribed ----------------- Subscribed and sworn to before me This 5 day of 7)',4- , 2008. Notary Public _n kt-� My Commission Expires: ar .2 p /.2 Do not pay from Affidavit, an invoice will be sent RECEIVED NOV 062008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5187 n'I AN ORDINANCE REZONINO THAT PROPER.TV ONINO ACREBS,LOCATED AT flIBED IN 1185 NORTH PETITION a e evl e RZN 08-3085, FOR APPROXIMATELY 1.55 MEAD- OWLANDS DRIVE FROM RA, RESIDENTIAL �j ARKANSAS OFFICE, TO C -I, NEIGHBORHOOD COM. MERCIAL i S� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: - Sr ctIon 1: That the zone classification 0$ the mibxing described property Is hereby changed as From From R-0, Residential Office 10 G1, Neighborhood Commercial, as shavnon Ezhibfls "A" and'9" attached hereto and made a pad hereof. I4! Section 2 That the rezonblg of the subject property H subject to the BB of Assurance offered by the Applicant as shorn In Eshidt 'C" attached hereto and made a pan hereof. Section 3: That the offklal zoning area of the City of Fayetteville, Arkansas Is hereby enhanced to reflect the zoning change provided In Section 1 above. I PASSED And APPROVED MIS 21st day of October, 2008. Ij. APPROVED: DAN GOODY, Mayor ATTEST SONDRA E. SMITH, City Clelk/Treasurer Exhibits A and C may be viewed In the office of the City Clerk/TreasurerCydng normal business hours. I EXHIBIT "U" RZN 0&3085 I� A PART OF THE SW 114 OF THE NE 1/4 OF SECTION 12, T -16-N. R -31-W. WASHINGTON COUN TY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATA COMPUTED POINT FOR THE NW CORNER OF THEW 1/4, NE 1/4 SEC- TION 12, T -16N, R -31-W, THENCE SOUTH 0&3538" WEST 897.10 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 8r2422" EAST 182.83 FEET, THENCE S OY43'18" WEST 364.30 FEET TOA FOUND IRON PIN. THENCE SOUTH 4&4428" WEST 9.37 FEETTO A FOUND IRON PIN, THENCE NORTH 86°5531" WEST 175.62 FEET TO A FOUND IRON PIN, THENCE NORTH 02.35'38" 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.