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Home My WebLink AboutOrdinance 5379 Jllllillllllllfiillliiillillilllllll►iii�lliiill►iiilllillVii►Iliiilliiiillii Doe ID: 0,1119600005 Type: .REL Kind: ORDINANCE Recorded: 01/14/2011 at 03:14:20 PM Fee Amt: $35.00 Paaa 1 of 5 Watt, County. AR 8atte Stamps C1rcult Clerk Flle2011-00001453 ORDINANCE NO. 5379 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3608, APPROXIMATELY 0.74 ACRE, LOCATED AT 101 EAST ALICE STREET, FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO C-2, THOROUGHFARE COMMERCIAL. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: 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 RSF-4, Residential Single Family, 4 units per acre, to C-2, Thoroughfare Commercial, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. Section 3: That the zoning change is subject to the Bill of Assurance offered by the applicant and hereby accepted by the City Council of the City of Fayetteville, as shown on Exhibit "C". PASSED and APPROVED this 4th day of January, 2011. APPROVED: ATTEST: TRq L ELD JO ,Mayor SONDRA E. SMITH, City Clerk/TreSer r -.FAYETTEVILLE: "Pys°910KANSP�°J=cam °g0eeutdspst°°a �Vsr�iryt�h County, ria`' I:certifythis instrument was filed on 01/14/2011 01:14:20 PM and recorded in Real Estate File Number 2011-00001453 Bette Stamps• Circuit Clerk EXHIBIT "A" RZN 10-3608 RZN 10-3608 Close Up View PARKERM01 E. ALICE ST REFI RSF�54-• R SUBJECT PROPERTY ; a O i Z MAS OXFORD PL ALI t qF IMBLEDON P j aaQ Z O Q Z RO Leg ndBERTHAST Mut Use Trail (E i i g) Fut re Trails o' R-0 O ,,Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di 5trict Design Overlay Di 3trict ------ Planning Area 0 125 250 500 750 1,000 Fayetteville Fee EXHIBIT "B" RZN 10-3608 SURVEY DESCRIPTION OF LAND TO BE REZONED: A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N87009'58"W 719.74' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, SAID POINT BEING A SET IRON PIN, AND RUNNING THENCE S02039'51"W 180.28' TO A SET IRON PIN, TLIENCE N87°03'20"W 179.93' TO A FOUND IRON PIN, THENCE NO2°38'34"E 179.93' TO A FOUND IRON PIN, THENCE S87009'58"E 180.00' TO THE POINT OF BEGINNING. CONTAINING 0.74 ACRES, MORE OR LESS. EXHIBIT"C" RZN 103608 Paqe 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 owner, developer, or buyer of this property, (hereinafter"Petitioner") Richard P. &Vikki D. Parker,hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the 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 shall be limited to that of an automobile dealership. 2. Other restrictions including number and type of structures upon the property are limited to one structure which shall not exceed 20 feet in height. 3. Specific activities will not be allowed upon petitioner's property include; adult live entertainment club or bar, liquor store,race track, gasoline service station and drive-in restaurant,hotel, motel, and amusement facilities. 4. The petitioner shall dedicate a 10' wide landscape buffer being 5' on both sides of the eastern boundary of the subject property. The petitioner shall construct a 6' tall masonry wall along the eastern boundary of the subject property. EXHIBIT"C RZN 103608 Pape 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. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, A i' °..1«r c ,� 1/I k, �,z , as the owner, developer or buyer (Petitioner)voluntarily offer all such assurances and sign my name below. Date ��rrt tee( ke✓ --- --- Address /-he 717031 yl k.lc.l �. �a�kv�- NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And now ��n this the e day of �, 20PO, appeared before me, ViC6y? ��Vi Yt4 !7 CaYkPh a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOT P UBLIC My Commission Expires: OFFICIAL. seal KAREN McCoy 11 NOTARPUBLIC ARK ANSAS WASHINOTON COUNTY MY COMM.EXPIRES 131101/2012 it City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/21/2010 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 10-3608: (Parker, 102 East Alice Street, 213): Submitted by BLEW &ASSOCIATES, INC. for property located at 101 EAST ALICE STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.74 acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached 011W-N4• V, Previous Ordinance or Resolution# Depa t rector Date Original Contract Date: V Original Contract Number: City Attorney Date Y"c 0k2etC1 Finance and Internal Services Director Date Received in City 1 2-0 3- 1 0 F,1 1 3 7 R C V D Clerk's Office Chief of St If Date EkrrfR`Il Received in Mayor's Office ayor Date Comments: --E,�A- oh 4-hR— J�- e:._ CC YAVc Revised January 15,2009 a e dv*lle THE CITY OF FAYETTEVILLE, ARKANSAS YDEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff �q Jeremy Pate, Development Services Director U From: Dara Sanders, Current Planner Date: November 30, 2010 Subject: RZN10-3608 RECOMMENDATION Planning Commission recommends approval of an ordinance to rezone a portion of the subject property from RSF-4, Residential Single Family Four Units Per Acre to C-2, Thoroughfare Commercial (RZN 10-3608). Staff recommended denial of the rezoning request. BACKGROUND The subject property is located at 101 East Alice Street in the northwest corner of the Maple Crest Subdivision. The overall property contains 1.67 acres and was developed in 1975 for a single-family residence. In 2007, the Planning Commission denied the applicant's request to rezone the subject property from RSF-4 to C-2 (RZN 07-2436) in order to allow for the expansion of the adjacent car dealership, finding that the request was not consistent with the City's land use planning objectives, principles, and policies to encourage compatible and livable neighborhoods and mixed-use development, as indicated in the Urban Center Area future land use designation, and finding that the request would introduce some potentially objectionable uses, nuisances, and heavy commercial traffic into the primarily single-family neighborhood to the east and south. Similar to the request in 2007, the applicant has submitted a new application to rezone a portion of the property to the east of the car dealership from RSF-4, Residential Single-family, 4 du/acre, to C-2, Thoroughfare Commercial, stating that the reason for the rezoning request is to make the property's zoning consistent with the zoning of the adjacent Nissan car dealership at the southeast corner of the College Avenue/Masonic Drive intersection. The applicant, with this application, offered a Bill of Assurance limiting the use of the subject property to an auto dealership and committing to the installation of a 6' tall masonry wall and 10' wide landscape buffer along the eastern boundary. DISCUSSION On November 22, 2010 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-2-0 (Commissioner Cabe and Commissioner Chesser voted "no"). Planning staff recommended denial of the request, finding that the proposal is not consistent with the City's land use and zoning policies and finding that alternative zoning districts are available in Chapter 161, Zoning Regulations, which would allow for an appropriate transition and would permit the expansion of the Nissan dealership by THE CITY OF FAYETTEVILLE,ARKANSAS approval of a conditional use permit. The conditional use permit is more appropriate in this location than an expansion by right, because it would allow the Planning Commission to determine the appropriate screening and landscaping required for the parking lot expansion. The staff report and meeting minutes are included in this packet. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3608, APPROXIMATELY 0.74 ACRE, LOCATED AT 101 EAST ALICE STREET, FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, TO C-2, THOROUGHFARE COMMERCIAL, SUBJECT TO THE BILL OF ASSURANCE. NOW, THEREFORE, 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 RSF-4, Residential Single Family, 4 units per acre, to C-2, Thoroughfare Commercial, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section I above. Section 3: That the zoning change is subject to the Bill of Assurance offered by the applicant and hereby accepted by the City Council of the City of Fayetteville, as shown on Exhibit "C". PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 10-3608 RZN 10-3608 Close Up View PARKER/101 E. ALICE ST i G G2 7 F � I RSF< $F O MILLSAP RD c2 RSFi R 02 SUBJECT PROPERTY \ a \ cz Q \ RG j Z - MASONIC OXFORD P ALICE S 02 IMBLEDONP W w a Z R < Q G1 h O ------LONCaYfEWST a Z R-0 F Leg nd BERTHA ST 0R gsF-0 Mu , Use Trail (E is g) Fut re Trails R0 ORZ HAROLDST ,,,.Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di 5trict Design Overlay Di trict ------ Planning Area 0 125 250 500 750 1,000 Fayetteville Fee EXHIBIT "B" RZN 10-3608 SURVEY DESCRIPTION OF LAND TO BE REZONED: A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N87009'58"W 719.74' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, SAID POINT BEING A SET IRON PIN, AND RUNNING THENCE S02039'51"W 180.28' TO A SET IRON PIN, THENCE N87003'20"W 179.93' TO A FOUND IRON PIN, THENCE NO2038'34"E 179.93' TO A FOUND IRON PIN, THENCE S87°09'58"E 180.00' TO THE POINT OF BEGINNING. CONTAINING 0.74 ACRES, MORE OR LESS.