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Home My WebLink About2008-02-05 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams1 Ward 2 Position 2—Nancy Allen 1PVWard 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting February 05, 2008 A meeting of the Fayetteville City Council will be held on February 05, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: None. A. Consent: 1. Approval of the December 18, 2007, December 27, 2007, January 3, 2008, January 8, 2008 and January 15, 2008 City Council meeting minutes. APPROVED. 2. Robinson Aviation (RVA), Inc: A resolution to approve an agreement with Robinson Aviation in cooperation with the FAA to fund a portion of air traffic control services for the Fayetteville Municipal Airport for a monthly cost of $2,028.42 (subject to an adjustment in October 2008) and to approve a budget adjustment of$1,111.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 17-08. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Arkansas Parks and Tourism Grant for Eagle Park: A resolution authorizing the Parks and Recreation Division to accept an Arkansas Parks and Tourism Outdoor Recreation 50150 matching grant in the amount of $100,000.00 for the development of Eagle Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 18-08. 4. Walker Park Neighborhood Master Plan: A resolution to adopt the Walker Park Neighborhood Master Plan vision document and illustrative master plan. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 19-08. B. Unfinished Business: 1. Hiring Freeze Appeals: Police Department—One Police Officer and One Park Patrol Employee Animal Services—One Veterinary Assistant PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 20-08. 2. Northwest Arkansas Community Creative Center Lease Agreement: A resolution to approve a lease agreement with the Northwest Arkansas Community Creative Center for a portion of the former Tyson Complex on Huntsville Road. This resolution was tabled at the January 3, 2008 City Council meeting to the February 5, 2008 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 3. Hobson, Inc. Appeal: An ordinance rezoning that property described in rezoning petition RZN 07-2667, for approximately 2.38 acres, located at 7613 Wedington from R- A, Residential Agricultural, to C-2, Thoroughfare Commercial. This ordinance was left on the First Reading at the September 18, 2007 City Council meeting. This ordinance was tabled indefinitely at the October 2, 2007 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. C. New Business: 1. Van Scoyoc Associates Memorandum Agreement: A resolution approving renewal of the memorandum of agreement with Van Scoyoc Associates in the amount of$84,000.00 to provide lobbying services to the City of Fayetteville for 2008. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 21-08. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. RZN 07-2852 (Broyles/Woodstock): An ordinance rezoning that property described in rezoning petition RZN 07-2852, for approximately 1.88 acres, located at 845 North 46`h Avenue from R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 4 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5106. 3. VAC 07-2853 (First Christian Church): An ordinance approving VAC 07-2853 submitted by McGoodwin, Williams and Yates, Inc. for property located at 220 North College Avenue to vacate an alley, a total of 0.08 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5107. 4. ADM 08-2902 (Woodstock PZD Phasing Modification): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2576, Woodstock, located on the south side of Wedington Drive from 46th Street to Broyles Avenue, containing approximately 29.63 acres, to reflect revised construction phasing as described and depicted herein. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5108. 5. Drake Field Hangar Local Ordinance District: An ordinance to establish the Drake Field Hangar Local Ordinance District. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5109. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 7:25 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting February 05, �.„J8 Subject: R Motion To: Motion By: Seconded: Ferrell Lucas A5 Jordan Gray ✓ Thiel Vol' Cook ✓ Allen Rhoads Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell Lucas Jordan Gray Thiel Cook ✓ Allen Rhoads D Mayor Coody City Council Meeting February 05, 2vto8 Subject: 41 Motion To: aU .. Motion By: G Seconded: 7- Ferrell � /A� � LucasS VV Jordan � P GILL/ Gray Thiel Cook Allen Rhoads E/ Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell Lucas Jordan t Gray ✓ Thiel Cook Allen Rhoads Mayor Coody City Council Meeting February 05, 2.,A Subject: NW C Gtr- (hp r` V Cu Motion To: Motion By: Seconded: Ferrell Lucas Jordan Q Gray r/ Thiel Cook a/ Allen +� Rhoads Mayor Coody Subject: Aksael TIVC, . 4414r , Motion To: Motion By: Seconded: 62..w Ferrell Lucas j ill i�tn.,� ✓ QQ V Jordan Gray �i Thiel r/ ✓ Cook 'Itc OJ Allen {� 3 Rhoads Mayor Coody 7-0 �� City Council Meeting February 05, 2v,4 Subject: V QMH ASS Motion To: Motion By: Seconded: 6' �l Ferrell NAw-Et m,u Lucas Jordan Gray ✓ Thiel ✓ Cook Allen �'b 'ERhoads �I Mayor Coody Subject: Z �/ 07 _'e:2 9 5 A `� - .. Motion To: Motion By: Seconded: C Ferrell ✓ ,/ Lucas y p yy pr( �1ASa Meg" 1.� iLf �c �>�'�EiS:f Jordan ✓ �/' Gray Thiel ,/ ,✓ ✓` (� Cook ems' Allen �✓ , ✓ Rhoads Mayor Coody 4 �0 6 -p City Council Meeting February 05, 2v48 Subject: V �. g 54 a CI Motion To: Motion By: .4A� .. Seconded: Ferrell ✓ / ✓ Lucas Bw f Jordan ,/ ✓ Gray Thiel ,� ✓ ,f Cook ,�% ✓ ✓ Allen Rhoads ✓� r/ 5 0 Mayor Coody Subject: RDD 0 B a90o� ® fie, . 4 k:n4 oft Motion To: Motion By: Seconded: �f nEL Ferrell c r�. NIA,J Lucas ; = Jordan Gray Thiel ,/ a� %.00� Cook P� Allen Rhoads b Mayor Coody City Council Meeting February 05, 2%,a8 Subject: .dd IT t A� ' � °'�: L/%�Sr✓2 i C Motion To: Motion By: Seconded: Ferrell / Lucas �- + " Jordan f Gray Thiel Cook Allen Rhoads Mayor Coody Subject: �Jl.-c��-2 �,t.�-G' 6 J ✓��- �.��r, 'i�i �<�"�...�� Motion To: Motion By: Seconded: ' Ferrell ✓ ,/ Lucas �, N� r Jordan ✓ ✓ Cray „✓ ✓ Thiel ,i- r✓ Cook Allen �! ✓ Rhoads Mayor Coody v d Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting February 05, 2008 A meeting of the Fayetteville City Council will be held on February 05, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the December 18, 2007, December 27, 2007, January 3, 2008, January 8, 2008 and January 15, 2008 City Council meeting minutes. 2. Robinson Aviation (RVA), Inc: A resolution to approve an agreement with Robinson Aviation in cooperation with the FAA to fund a portion of air traffic control services for the Fayetteville Municipal Airport for a monthly cost of $2,028.42 (subject to an adjustment in October 2008) and to approve a budget adjustment of$1,111.00. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Arkansas Parks and Tourism Grant for Eagle Park: A resolution authorizing the Parks and Recreation Division to accept an Arkansas Parks and Tourism Outdoor Recreation 50150 matching grant in the amount of $100,000.00 for the development of Eagle Park. 4. Walker Park Neighborhood Master Plan: A resolution to adopt the Walker Park Neighborhood Master Plan vision document and illustrative master plan. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: Police Department—One Police Officer and One Park Patrol Employee Animal Services—One Veterinary Assistant 2. Northwest Arkansas Community Creative Center Lease Agreement: A resolution to approve a lease agreement with the Northwest Arkansas Community Creative Center for a portion of the former Tyson Complex on Huntsville Road. This resolution was tabled at the January 3, 2008 City Council meeting to the February 5, 2008 City Council meeting. 3. Hobson, Inc. Appeal: An ordinance rezoning that property described in rezoning petition RZN 07-2667, for approximately 2.38 acres, located at 7613 Wedington from R- A, Residential Agricultural, to C-2, Thoroughfare Commercial. This ordinance was left on the First Reading at the September 18, 2007 City Council meeting. This ordinance was tabled indefinitely at the October 2, 2007 City Council meeting. C. New Business: 1. Van Scoyoc Associates Memorandum Agreement: A resolution approving renewal of the memorandum of agreement with Van Scoyoc Associates in the amount of$84,000.00 to provide lobbying services to the City of Fayetteville for 2008. 2. RZN 07-2852 (Broyles/Woodstock): An ordinance rezoning that property described in rezoning petition RZN 07-2852, for approximately 1.88 acres, located at 845 North 46th Avenue from R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 4 units per acre. 3. VAC 07-2853 (First Christian Church): An ordinance approving VAC 07-2853 submitted by McGoodwin, Williams and Yates, Inc. for property located at 220 North College Avenue to vacate an alley, a total of 0.08 acres. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. ADM 08-2902 (Woodstock PZD Phasing Modification): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2576, Woodstock, located on the south side of Wedington Drive from 46th Street to Broyles Avenue, containing approximately 29.63 acres, to reflect revised construction phasing as described and depicted herein. 5. Drake Field Hangar Local Ordinance District: An ordinance to establish the Drake Field Hangar Local Ordinance District. Announcements: 1. City Council Tour: None Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B. 1 FAYETTEVILLE Hiring Freeze Appeals Page 1 of 6 j6 E pOLICF THE CITY OF FAYETTEVILLE,ARKANSAS POLICE DEPARTMENT 9AAN5 To: Mayor Dan Coody and members of the City Council From: Greg Tabor, Chief of Police Date: January 24, 2008 Re: Replacement of Police Officer Recommendation: City Council approves the hiring of one (1) additional police officer to replace a recent resignation. Back round: On January 4, 2008,the Fayetteville City Council approved a hiring freeze for replacement employees funded by General Fund. This hiring freeze allowed replacement of these positions with Council approval. On Tuesday, January 22, 2008, Officer Sean Chandler submitted his resignation to take a job with the Bentonville Police Department. Discussion: The Fayetteville Police Department currently has 121 authorized slots. Two of these slots remained unfilled due to structured budget reductions. There are eight officers with military commitments. One officer is currently deployed, one has orders for deployment in February, one is expecting orders any day, one will be deployed in July, two have heard of possible deployment sometime in 2008 and two do not expect deployment in the near future. Deployments typically last from 8-18 months. With the most recent resignation, current and potential military deployments we may be down from 121 officers to 112 by the end of the year. Budget Impact: The difference between the salary of the resigning officer and a newly hired officer is $12,964. FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET (DELIVERIES) POLICE:100-A WEST ROCK STREET 72701 FAYETTEVILLE,ARKANSAS 72701 PHONE:479.587.3555 FAX:479.587.3522 B. 1 FAYETTEVILLE Hiring Freeze Appeals Page 2 of 6 YE pOLlCf THE CITY OF FAYETTEVILLE,ARKANSAS POLICE DEPARTMENT 9kANgf°' To: Mayor Dan Coody and members of the City Council From: Greg Tabor, Chief of Police Date: January 24, 2008 Re: Replacement of Park Patrol Employee Recommendation: City Council approves the hiring of one(1)part-time Park Patrol Employee to replace a recent resignation. Background: On January 4, 2008,the Fayetteville City Council approved a hiring freeze for replacement employees funded by General Fund. This hiring freeze allowed replacement of these positions with Council approval. On Tuesday, January 23, 2008, Shawna Parker submitted her resignation. Discussion: With this resignation The Fayetteville Police Department will only have one(1) part-time employee assigned to Park Patrol. Park Patrol's primary function is to patrol Fayetteville City Parks in an effort to report and deter potential crimes. They interact with citizens, calling for the assistance of locksmiths,wreckers or Patrol Officers as well as giving directions and assisting with parking and traffic at park related special events. Budget Impact: Park Patrol positions are paid hourly at a rate of$8.28/hr FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET (DELIVERIES)POLICE:100-A WEST ROCK STREET 72701 FAYETTEVILLE,ARKANSAS 72701 PHONE:479.587.3555 FAX: 479.587.3522 B. 1 Hiring Freeze Appeals Page 3 of 6 J ARKANSAS MEMORANDUM TO: Mayor Dan Coody&City Council Members THRU: Greg Tabor, Police Chief FROM: Jill Hatfield, Animal Services Superintended DATE: January 25, 2008 RE: Veterinary Assistant Position Opening The Animal Services Division currently has a vacancy in the Veterinary Assistant position. The position is vital to the daily operation of the shelter veterinarian clinic. Currently an animal caregiver is assisting the veterinarian along with an animal control officer that has previous veterinarian technician experience and skills. The division has increased a part-time caregiver's hours by 15 hours per week and will need to pay overtime hours to the animal control officer for additional hours worked in the clinic assisting the veterinarian. During the period that animals are in surgery, it is vital that the veterinarian has assistance by personnel that possess medical knowledge and are trained to monitor the animals while they are under anesthesia. The division has reduced the low cost spay/neuter surgery schedule to ensure the deliverance of safe surgeries to the adopted animals and to allow the veterinarian to assist with several of the duties normally performed by the veterinarian assistant. Please see the Veterinary Assistant position description attached for more information. Thank you for your consideration. cc: Sondra Smith, City Clerk B. 1 Hiring Freeze Appeals Page 4 of 6 'Faye ARKANSAS CITY OF FAYETTEVILLE Position Description POSITION TITLE: Veterinary Assistant EXEMPT(Y/N):No DEPARTMENT: Police SUPERVISOR: Veterinarian DIVISION: Animal Services EEO/JOB CODE: DATE REVISED: April 2007 ESSENTIAL DUTIES AND RESPONSIBILITIES: Note:All City of Fayetteville positions require the employee to provide good customer service to both internal and external customers, maintain positive and effective working relationships with other City employees (especially members of his or her own team), and have regular and reliable attendance that is non- disruptive. Other essential duties of this position include the following: 1. Intake animals from the public for low cost surgery.Receive money and make receipts. 2. Insure animals receive proper treatments and medication as prescribed by Veterinarian. 3. Prep animals for surgery, assist Veterinarian in survey and monitor animal during surgery, 4. Clean and disinfect cages,walls, floors,and equipment. 5. Feed,water and walk all animals in the clinic. 6. Clean and disinfect surgery room after surgery, sterilize and autoclave surgical instruments. 7. Maintain medical records,drug logs,inventory of clinic supplies,vaccination records and enter information into computer. 8. Insure animals receive proper treatments and medication as prescribed by Veterinarian. 9. Order supplies as necessary. 10.Educate the public on Heartworm, Feline Leukemia,after care for surgery and flea/tick prevention. 11.Perform other duties as assigned. SECONDARY DUTIES AND RESPONSIBILITIES include the following: 1. Assist in euthanasia—perform euthanasia at request of Veterinarian, Coordinator or Superintendent. 2. Secondary duties as assigned. Veterinary Assistant 4-2007.doc 1 10/19/2007 B. 1 Hiring Freeze Appeals Page 5 of 6 MIMMUM QUALIFICATIONS 1. High school diploma or GED plus specialized training and/or additional college courses and 1 year of related experience and/or training; or equivalent combination of education and experience. 2. Must be proficient in the use of a personal computer and other related software programs. Must be able to effectively operate standard office equipment. 3. Must obtain Euthanasia Technician Certification within one year. 4. Effectively communicate with others orally and in writing. 5. Ability to read,analyze,and interpret animal science journals. 6. Ability to respond to common inquiries or complaints from customers and/or regulatory agencies. 7. Ability to effectively present information to clients and citizens. 8. While performing the functions of this job,the employee is regularly required to talk and hear. The employee regularly is required to stand,walk,and sit;use hands to finger, handle,or feel;reach with hands and arms;climb or balance; stoop,kneel,crouch, or crawl. The employee must frequently lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision,color vision,peripheral vision,depth perception,and ability to adjust focus. 9. While performing the functions of this job, the employee is regularly exposed to wet/and or humid conditions, moving mechanical parts; fumes or airborne particles; toxic or caustic chemicals and outside weather conditions. Veterinary Assistant 4-2007.doc 2 10/19/2007 B. 1 Hiring Freeze Appeals Page 6 of 6 B.3 Hobson, Inc.Appeal Page 1 of 20 aye ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 To: City Council, Mayor Dan Coody From: Jeremy Pate, Director of Current Planning Date: 30 January 2008 Subject: Hobson, Inc. Rezoning Request Please find the attached,amended ordinance and exhibits for the Hobson,hic.rezoning request,RZN 07-2667,located at 7613 Wedington Road.The request is rezone the property from R-A,Residential Agricultural,to C-2,Thoroughfare Commercial.The amendment reflects a reduction of 1 acre from the total property requested to be rezoned. The original request that was denied by the Planning Commission and the decision of which was appealed to the City Council was for 2.38 acres.As you can see in the attached Exhibit "A," one acre from the back portion of the property has been removed. I have also attached the minutes associated with this request. Planning Staff and.the Planning Commission recommended denial of the rezoning request, based on the findings within the staff report and the Future Land Use Plan for this area. K:Ueremy12008 CorrespondencelBoard MemosIRZN 07-2667 Hobson Inc.Rezoning Amendmenl.doc B.3 Hobson, Inc.Appeal Page 2 of 20 ORDINANCE NO. AN ORDINANCE REZONING A PORTION OF PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2667, FOR APPROXIMATELY 1.38 ACRES, LOCATED AT 7613 WEDINGTON FROM R-A, RESIDENTIAL AGRICULTURAL, TO C-2, THOROUGHFARE COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the zone classification of the following described.property is hereby changed as follows: From R-A, Residential Agricultural to C-2, Thoroughfare Commercial, as shown and described 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. p '1 PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: DAN GOODY,Mayor SONDRA SMITH, City Clerk/Treasurer ....._. 3 of 20 " ........_...._......... Page MW.WE N q:.sSse aaq' Cliei. N 021°'10"E N Q29w20.E F� lupy if 4 i m p li• ff• I I � H- a x n29u'10'EH ' 9�1 NFm.!!.. J sYPwl..ti �111H xs'm•w gi s WOW w Iw m : 17416' I s Wu . " N0a11u111N/0 S,`�Sp Ssi �d Vii4�fa `S In .. N�i4pnnNi nm ans lot qq Q > R t 6 a9. 8 r 6 u t�B a� �€ � ��s a. `'�i � ,�5�� s jam, • g � Y �f� � }3�as Off!f! Y +'�3 R�S�• 95t6 i it ;1`F$�� s� s , ¢� p� a � + �',;:: . ~,±''�'• ... IL it lie tip "a lip , PSEE et = b��o WoD RtOgl;a Egg 1ig It� NmOD 1 $¢(IS cf [) come r aq� � � File Copy 8 T I T II o $i file copy &fioitsePlat Review 1.14-08- PLAWobson,lnclHv q.16N B.3 Hobson, Inc.Appeal Page 4 of 20 EXHIBIT`B" RZN 07-2667 A PART OF THE SW '/4, OF THE SE 1/4, SECTION 9, T-16-N, R-31-W BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED S02045'20"W 39.12 FEET FROM THE NORTHEAST CORNER OF THE SW 1/4 OF THE SE /40F SAID SECTION 9, SAID POINT BEING A ''/2" REBAR LOCATED ON THE SOUTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY 16 (W. WEDINGTON DR.), AND RUNNING THENCE S02045'20" W 353.62 FEET TO A '/2"REBAR; THENCE N88°04'35" W 250.00 FEET TO A 'h"REBAR; THENCE NO2045'20" E 199.51 FEET, TO(A 1/2" REBAR; THENCE S89050'55" E 188.33 FEET TO A '/2"REBAR; THENCE NO2008'16"E 148.25 FEET TO A SAID HIGHWAY RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-WAY S88005'54" E 63.34 FEET TO THE POINT OF BEGINNING, CONTAINING 1.38 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO AN 18.00 FOOT WIDE ROAD EASEMENT ALONG THE EAST SIDE AND ANY OTHER EASEMENTS AND/OR RIGHT-OF-WAY OF RECORD Hobson, Inc.Appeal EXHIBIT INCIN Page 5 of 20 RZN 07-2667 BELL 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") Hobson Inc.. ,an Arkansas Corporation,hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville,Arkansas. Petitioner holds title to,and seeks a rezoning classification for,the following described lands situated in Washington County,Arkansas,to-wit: Apart of the SWIM of the SETA,Section 9,T-16-N,R-31-W being more particularly described as follows: Beginning.at a point locatedS02°45'20"W 39.12 feet.from the.Northeast:comer of the SWI/4 of the SEIM of said Section%said point being a 1/2".i:ebar located on the South „ Right-of-Way of Arkansas State Highway No.16(W..Weddington Dr.),and running,- - . thence S02°45'20"W 353.62 feet to a 1/2"rebar;thence N88104'35"W 250.00 feet to a . 1/2"rebar;thence NO2°45'20"E 199.51 feet to a 1/2"rebar;thence S89050'55"E 188.33 feet to a 1/2"rebar;thence NO2°08'16"E 148.25 feet to said Highway Right-of-Way; thence along said Right-of-Way 888°05'54"E 63.34 feet to the point of beginning, containing 1.38 acres,more or less,City of Fayetteville,Washington County,Arkansas. Subject to an 18.0'foot wide road easement along the East side thereof and any other easements and/or Right-of-Way of record. And having a property street address of 7613 Wedington(12611 Hwy 16W),Fayetteville, Arkansas: The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill ofAssurance 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 reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning requests. Hobson, Inc.Appeal EXHIBIT "C" Page of 20 RZN 07-2667 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 shall be limited to Use Unit 12,Use Unit 17, and Use Unit 25 as described and set forth in Chapter 162,Title XV of the Unified Development Code for the City of Fayetteville,Arkansas. 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include my uses not included in Use Units 12 17 and 25 described above: and any activities related to: (a)body piercing and tattoo services:(b)manufactured homes:and jc)the sale and repair of i large commercial type vehicles otherwise allowed under Use Unit 170R include buses trucks trailers,and farm equipment 4. (Any other terms or conditions) An area consistin@ of no less than twenty(20) .. . feet in width and running adjacent and along the south property line ofthe subject p=erty shall serve as a buffer zone between the subiect property and the neighbors to the south of the subject property. The buffer area shall be maintained in conformity with the remainder of the subject Rm&rt.L but shall not be used for myp=ose other tban landscaping and/or natural vegetation. growth. If requested by the City of Fayetteville at any time,a privacy fence or a natural vegetation barrier(such as hedge),shall be constructed along the said boundary line to the rear south of the subject property. 5. Petitioner specifically agrees that all such restrictions and terms shall ran with the land and bind all future owners unless and until specifically released by Resolution of the Hobson, Inc.Appeal EXHIBIT "C„ Page of 20 RZN 07-2667 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„ Hobson.Inc.. as owner(Petitioner)voluntarily offer all such assurances and sign my name below. Hobson,Inc. By: Date David Pearce,President Rt.6,Box 269-1 By: Fayetteville.AR 72701 Patricia Pearce,Secretary NOTARY OATH STATT OF ARKANSAS } ):.SM ' COUNTY OF WASHINGTON } And now on this the day of 2007,appeared before me,a Notary Public,duly commissioned„qualified and acting,within and for said County and State, appeared David Pearce and Patricia Pearce,who acknowledged themselves to be the President +. and Secretary,respectively,of Hobson,Inc.,an Arkansas Corporation,and that they,after being placed upon their oath swore or affirmed that they agreed with the terms of the above Bill of Assurance in their aforesaid capacities of said corporation and on behalf of said corporation,and signed their names above for the consideration,uses and purposes therein mentioned and set ... forth'.. .,... My Commission Expires: NOTARY PUBLIC Hobson, Inc.Appeal Page 8 of 20 City Com " ember 18,2007 Page 36 of 43 Alderman Jordan moved suspend the rules go to the third and reading. Alderman Ferrell sec ed the motion. Upon call the motion passed inimously. City Attorn it Williams read the Or ' ante. Ma Coody asked ed a ordinance pass. on roll call ordinance passed ammously. Ordinance 50 Recorded in the O e of the City Cl F bson,Inc.Appeal: An ordinance rezoning that property described in rezoning petition RZN 2667, for approximately 2.38 acres, located at 7613 Wedington from R-A, Residential gricultural,to C-2,Thoroughfare Commercial. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Current Planning: This is an appeal by an applicant of the decision made by the Planning Commission to deny a rezoning request. This property contains approximately 2.4 acres that's currently zoned R-A,residential agricultural. It is located'at,7610 Wedington'and was part of the recently annexed areas. The property is currently being utilized= for Bud's Auto Repair Shop. Planning staff received complaints of an auto repair shop being. operated at this location and theyasked'if that was allowed in an R-A zoning district: We:replied% .- ) no it's not a use that's allowed to be established by our permitted uses within an R-A;.Residential Agricultural Zoning District.: The closest zoning district that could allow that is,the "C-21 Thoroughfare Commercial Zoning District. We informed the applicant that we could,not a support a C-2 in this area. It is not on our future land use map to support commercial anywhere close to"this area. Staff recommended denial and,it was denied unanimously. Staff and Planning Commission publicly recommended that the applicant pursue another avenue 4o potentially allow this use that would be a conditional use permit. That can be issued by the Planning Commission and we can look at the appropriateness of uses of what has been there before. I certainly agree with the applicant that this has been used historically as a nonresidential use and I think we`would take that into consideration when reviewing a conditional use perrmt.`I can't speak for the Planning Commission but my impression was that many of the commissioners would much rather see that as an application as opposed to a rezoning. I can't speak to whether they would support it or not but I received favorable remarks from that meeting. The negative about that for the applicant is that it doesn't guarantee that, if they sold the property and wanted to utilize it for something else,that another use would be appropriate or approved there. It would still be eligible for a conditional use permit so long as it hadn't been occupied for a greater period of 180 days is the code requirement. I feel from a Planning perspective rezoning this to C-2 is a spot zoning. It is surrounded by R-A in all directions and is not appropriate at this point in time. We felt a more appropriate way to hopefully achieve the same result for this particularbusiness would be to look at a conditional use request. The applicants submitted a bill of assurance after the agenda session and that's included on the first 113 West Mountain 72701 (479)521=7700 (479)575-8257(Fax) accessfayetteville.org ` Hobson, Inc.Appeal Page 9 of 20 Qty Council Melling Minutes September 18,2007 Page 37 of 43 couple of pages with your final agenda. They are proposing a bill of assurance to limit it to three J uses within the C-2 zoning district;Use Unit 12 which is office,studios and related services;Use Unit 17,trades and services which allows the auto repair; and Use Unit 25,commercial offices. I think Use Unit 17 primarily is our concern. Alderman Cook: What was the first one Jeremy? Jeremy Pate: Use Unit 12, office, studios and related services that includes items such as artist studios, drafting services, dentists,funeral homes, financial banks, sale of equipment,things like that. Use Unit 17 which is where auto repair is found you would find automobile sales, service, and repair including body shops, manufactured home sales, motorcycle sales, large truck sales, trailer sales, used car lots, farm supplies, boat and accessories. There's a long list in that particular use unit. It's probably one of our most intense commercial use designations that we have. Following that is Use Unit 25. The applicants are offering those three uses be allowed. Use Unit 25 is professional offices, much like 12 only a little higher intensity in terms of those uses. Staff recommended denial of this request and the Planning Commission recommended denial as well. It has been appealed in accordance with our code and the City Council is requested to make the final decision. Mayor Coody: So basically if the City Council votes yes the appeal is granted. City Attorney Kit Williams: What we've always done in the past with appeals of rezonings is that we have automatically heard them. It's a right of the applicant to appeal to you. So we've read the ordinance three times either the ordinance is passed or denied. Mayor Coody: I see.. City Attorney Kit Williams:. It takes five votes to in fact pass the ordinance. If we pass the ordinance we would grant the appeal.. Don Wilson, on behalf of Hobson, Inc.: Hobson, Inc. is owned by two people a husband and wife, Patricia Pearce and David Pearce. They have owned this property since approximately 1976. This is a significant piece of property and is very important to Mr. &Mrs. Pearce. The property has always been use as a trades and services type of establishment. It's been rented and . atone time was-used by them. Mr.Wilson gave a list of the things that it has been operated under. For the past 30 years this business has been located at this property. The City only came into play when they did the massive substantial annexation into the city. Mr. & Mrs. Pearce never asked to be annexed into the city. They're trying to comply right now with your city code of ordinances. It was brought in as R-A which is typical when you rezone something you bring it in as some form like R-A. The applicant can then come in and submit what they would like to use it for. The City Council and Planning Commission has a chance to view it that way and see what it is they want to put in there, that's pretty standard. It's my ]understanding that's the way it works. There's no conditional use under R-A for trades and services. There's no permitted use 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org _ - Hobson, Inc.Appeal Page 10 of 20 City Counw7 Meeting Minutes _ September 18,2007 Page 38 of 43 - under R-A for trades and services. The closest we have for a trades and services which is historically what that property has been used for is C-2. There is an exception under some particular use where we can apply to use it as an auto repair shop. The problem with that is it limits us to that auto repair shop. As I already told you it's had numerous trades and services establishments there. They're not really asking anything extra tonight. They're asking to let us continue to use it for what we have used it for. That's all they're asking for, don't restrict us, don't limit it, all we want to do is use it that way. The planning staff was concerned about the impact of C-2 on the environmental in that area. That's where the trades and services have been for 30 years, that's where it is located. The Planning Commission did not just flat out deny it there was discussion at the Planning Commission meeting. One of the things we brought up was that you are going to limit this to being leased to Bud's Auto Repair. We may not want to lease to Bud's Auto Repair, in fact their lease expires at the end of December. So if a cabinet shop wants to come in we've got to come back to this commission to get a cabinet shop. Every time we get a new lease we've got to come back no matter what it is. So what we tried to do is offer a bill of assurance. We didn't bring up a bill of assurance, the Planning Commission brought up the bill of assurance and we proposed it after that. The Planning Commission said you have ten days to appeal to the City Council which is what we did. We also brought forward to you the bill of assurance. What does the bill of assurance accomplish? It accomplishes exactly what the planning staff has recommended but without all of the restrictions that says you can only have Bud's Auto Repair Shop there. If we want to change it to a drapery shop we have to come back to the Planning Commission and request an exception for a drapery shop. That is going to substantially devalue the property value on that piece of property because if we have Bud's AutoRepair there then we have no one else to lease to without coming back to the Planning Commission.foran auto.repair business. All we're asking for is to let us use it historically as we.have used it for last the 30 years,the way it was when you annexed it into the City. We're offering,a bill of assurance to assure you that's what we're going to do. C-2 has many classifications;_we only want to use it for those trades and services like we used it for historically. I've got the bill of assurance here tonight. It's been signed and notarized and we're prepared to get this filed for the records. Mayor Coody: Has this been submitted to the city clerk?. Mr. Wilson: We just got this and I'll submit it. It was my understanding:from the planning .. staff that their primary concern'-at the Planning Commissiobi meeting was the impact-that C-2 would have on the area. According to their findings a C-2 zoning allows several intense uses that are more appropriate in urban centers and at designated commercial nodes and may be objectionable to surrounding rural residential uses. We've not had any neighbors complain to us. Staff said they have received some complaints but I don't know who they came from. Staff was concerned about the higher impact uses into the area without adequate services to support urban development. The property out there is already urban. You annexed it into the City and in this particular area there's already residential areas and numerous commercial places up and down the road that are going to be grandfathered in. When they change their zoning, when they change their use, they're going to have a problem. I don't know if you've been out to see the business or not but the business is small in comparison. It's deeper in the back and there's a side road that goes beside the building. There's a small parking area in the front that holds maybe six 1 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org . Hobson, Inc.Appeal Page 11 of 20 city Council Melling Minutes September 18,2007. Page 39 of 43 to eight cars. The rest of it goes behind the building and all the work is done internal. There are trees on both sides so the impact is not going to be substantial at all by rezoning this to C-2 with a bill of assurance in place. I'd be happy to answer any questions. Mayor Coody: Any questions for the petitioner? Alderman Thiel: You said staff received complaints about the parking of cars? Jeremy Pate: The entire reason this came up is because we received a complaint that an auto salvage dealership or something of that nature was operating out of the property. We investigated in conjunction with Code Compliance. We did a site visit and logged what we saw by photographs and that's when we established the use was not allowed in R-A and that started this process. Alderman Thiel: But there is actually an auto salvage business out there. Not there, on past there. How is that being allowed? Jeremy Pate: That's grandfathered in. It was established before we ever annexed the property :into this particular use. Alderman Thiel: Hasn't this been grandfathered in then? 'Jeremy Pate: Bud's Auto Repair was not established before we annexed the property. We annexed it October and this was established in January based on the records that we-have. Alderman Ferrell: J just wanted to make surel. understand. I know this business. It's been a business ever since I can remember. We've got pictures here that show twelve vehicles. Mrs.Pearce: That's in the rear. Alderman Ferrell: Are those rigs waiting to be worked on? Mr.Wilson: The one that's in the picture? Mrs.-Pearce:,-I',ve seen this picture I think1he Planning•Commission took it an&thoge were ears e waiting to be worked on going in and out. We certainly wouldn't have a problem with building a fence if that was objectionable. The only person who really sees stuff is the person that is behind that shop and we've been there far longer than they have been there. Alderman Ferrell:. I've heard the man representing you say that you visited with the neighbors? I read where you visited with the neighbors but Jeremy there hasn't been any communication or correspondence from neighbors has there. Jeremy Pats: No sir not that I'm aware of in the rezoning application. /1 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org - Hobson, Inc.Appeal Page 12 of 20 City Coaacil Meeting Miautes September 18,2007 Page 40 of43 Alderman Ferrell: Kit on the bill of assurance what is he saying in the bill of assurance. What uses? City Attorney Kit Williams: It's not our standard bill of assurance. I've created a form that made sure that the bill of assurance would in fact be enforceable and has a lot of language that this does not have. Even though it's entitled a bill of assurance I can't tell you it's necessarily enforceable but if it was enforceable it would be limiting the uses to Unit 12 which is office, studios and related services,Unit 17 which is trade and services which Jeremy told you about all the different things that were in there, and Unit 25, commercial offices. So if it is in fact enforceable then it would be limited to those three use units. Mr.Wilson: We'd certainly be able to stipulate that it is enforceable. We don't have a problem with it being enforceable. I haven't seen Mr.Williams' forms. City Attorney Kit Williams: I have a form that I supply to the Planning Department. Mr.Wilson: I did not see that,I am sorry. Alderman Thiel: If we were going to consider this we have to wait until we get the right form wouldn't we? City Attorney Kit Williams: It would probably be preferable to do that. It doesn't have some of the language that mine has to make sure that it runs with the land and other things:;It would allow the city a much better and stronger position to enforce it should something:ever happen. Alderman Allen: If it is enforceable it doesn't seem problematic to me. City Attorney Kit Williams: You can just leave it on the first reading. Alderman Thiel: I think it is worth considering because there are other businesses out there. One advantage to a conditional use though is we could require screening and so forth and we }. cannot do that if it is just rezoned. So that's a problem. ' Alderman Allen: He volunteered that though. Alderman Thiel: Did they volunteer screening? Mayor Coody: Yes verbally just a minute ago. Alderman Thiel: If that's something they want to offer. Mr.Wilson: We're willing to work with you. All they want to do is keep using it as trades and services. What we've been using it for and that's it. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayedevillmorg