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Home My WebLink AboutOrdinance 5249 Doc ID: 012960530002 Type: REL Kind: ORDINANCE Recorded: 07/09/2009 at 10:23:25 AM Fee Amt: 820.00 Pao@ 1 of 2 Neshlnoton Countv. AR Bette Stamps Circuit Clerk File 2009-00021949 ORDINANCE NO.5249 AN ORDINANCE REZONING THAT PROPERTY IDENTIFIED AS PARCELS 765-15560-000 AND 765-15560-001, FOR APPROXIMATELY 15.2 ACRES, LOCATED SOUTH OF WILLOUGHBY ROAD AND 0.8 MILES EAST OF HWY 71B FROM I-2, GENERAL INDUSTRIAL TO R-A, RESIDENTIAL AGRICULTURAL. 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 I-2, General Industrial to R-A, Residential Agricultural as shown on Exhibit "A" 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. PASSED and APPROVED this 16th day of June, 2009. APPROVED: ATTEST: r� By: c By: n.'A' O LD AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Y �F SGS FAY ETT EV I LLE: ;vs.9,�f`ANSPS J�a,3 h;UGTWA ��`. i t 1 �yi C • T .:�v'�: Iy11yb,�jf(� a f I i is �� I rY �y+ ! arm 1E ' it li, a � iv e D F i to" J ) I i tt4 t-. 1 J f — — — — — — — � _r& 5 v �\ - - . 116 R `s .w• �i p� r NI�,?C�. :1 4 f^ j t § , ,r, pay✓, y �r��r � ;inn k •, ... a n {pN � IC�1 1�,� l PSl'.cl i •9r F >. ,�11.. � � '+�� t Y L >4 4ay'rr )q }7 f f� g $3 ".�".� A NOV ALDERMAN AGENDA REQUEST FORM �� . FOR: COUNCIL MEETING OF June 16, 2009 FROM: Brenda Thiel ORDINANCE OR RESOLUTION TITLE AND SUBJECT: Rezoning for Mulch Disposal Site - Willoughby Road An ordinance to rezone the property previously identified for a mulch disposal site associated with the 2009 Ice Storm Debris Clean-up from I-2, General Industrial to R-A, Residential Agricultural. APPROVED FOR A ENDA: Council Member Brenda Thiel Date OL119.j�o� Jermy Date Directo f opment Services Aomftftftvu a ARKANSAS I11: CITY GF FAYETHN11,1,E, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 To: Mayor Jordan, City Council From: Jeremy Pate, Director of Development Services)] Date: 09 June 2009 Subject: Rezoning— Mulch Disposal Site Staff has recently been informed that the mulch removal associated with the 2009 Ice Storm Debris Clean-up is rapidly coming to a close. hi April of this year,the City Council approved a contract with International Equipment Distributors(IED)to dispose of the mulch. The site selected for the clean- up,as a transfer site, was also rezoned from R-A,Residential Agricultural to I-2,General Industrial with an associated Bill of Assurance limiting the use of the property to the mulch disposal activities. The site ultimately was not utilized for the intended purposes. In accordance with intent of the Council with the original rezoning and the Bill of Assurance offered by the property owner,staff has prepared an ordinance to rezone the property to its original R-A district. This proposal is sponsored by Council Member Brenda Thiel. K:IRepor1s120091CC Repor1s106-16-091R1Nfor Milch Disposaldoc ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY IDENTIFIED AS PARCELS 765-15560-000 AND 765-15560- 001, FOR APPROXIMATELY 15.2 ACRES, LOCATED SOUTH OF WILLOUGHBY ROAD AND 0.8 MILES EAST OF HWY 71B FROM I-2, GENERAL INDUSTRIAL TO R-A, RESIDENTIAL AGRICULTURAL. 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 I-2, General hrdustrial to R-A, Residential Agricultural as shown on Exhibit"A" 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. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer I: Y 1 • 111 2 Td.1 i'1 w y ♦ i I �•� a 1 ! 'J 2 1 • '. I � � � 3 � Y.,I F 16 4 ! . ➢1 ,� :.fin r4 ..G.emu:3%Iy�� ie:Fx. bi. • , � !'i ) n vy f4 nl Ih it y g f � `r s q. F.I T 1k �! 1• I �,� • � * z� t. F Y� b 5' �- ' b t Pyh 'r• r u y � ,, 3 s } v i+Y•;a �'+ 1 '� !. $ s��eynsaq� 3. .idiStt�fPan :,. i }°�1,. s• � y0 ; i 11 G� < � + kU�t" �^v`0 �,. � 3 � ti T � l I CtS' 3' ID7 Y��1 lir � ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE telephone:(479)575-8267 To: Mayor Jordan, City Council From: Jeremy Pate, Director of Development Services Date: 21 April 2009 Subject: Rezoning—Mulch Disposal Site In a Special City Council meeting on 16 April 2009,the City Council approved Resolution 83-09, awarding a contract with International Equipment Distributors (IED) to dispose of the mulch remaining from the 2009 Ice Storm Debris Clean-up.In the bids submitted,contractors selected sites which would meet the needs of the operation for removal,re-mulching and shipping of the mulch to end users. The site to be utilized by the contractor selected by the City is approximately 0.8 miles east of Hwy 71 B, south of Willoughby Road. The property is zoned R-A,Residential Agricultural, and is currently not being utilized: The zoning required for this use is I-2,General Industrial. As discussed at the Special City Council meeting, it is necessary to rezone this site from R-A to I-2 in order to authorize the intended use;a mulch disposal operation site.It is the understanding of staff that the rezoning of the property is solely requested to fulfill the terms of the contract for the mulch disposal operation related to the ice storm debris clean-up and as such, staff will recommend the property to be rezoned back.to the original R-A, Residential Agricultural immediately upon the completion of the operation, as determined by the City of Fayetteville. In accordance with the discussion of the City Council and staff at the Special City Council meeting, attached is an ordinance and exhibit for your consideration. K:Veremy12009 CorrespondencelBoard kfemoslMulch Disposal-Memadoc ORDINANCE NO. 5236 AN ORDINANCE REZONING THAT PROPERTY IDENTIFIED AS PARCELS 765-15560-000 AND 765-15560- 001, FOR APPROXIMATELY 15.2 ACRES, LOCATED SOUTH OF WILLOUGHBY ROAD AND 0.8 MILES EAST OF HWY 71B FROM R-A, RESIDENTIAL AGRICULTURAL TO I-2, GENERAL INDUSTRIAL. 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-A, Residential Agricultural to I-2, General Industrial as shown on Exhibit "A" 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"B"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 21St day of April, 2009. %,QTY �F•Gi' APPROVED- ATTEST: r ;FAYETTEvfLtE. By: By: —( �----<� J/""TOO.��Je L 0 ELD JO AN,Mayor S E. SMITH, City Clerk/Treasurer MEP-171W , 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") SjdZ- 1 ni,!!L , 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 terns 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 the mulch disposal operation(2009 Ice Storm Debris Clean-up) as described and adopted by the City Council in Resolution 83-09 on 16 April 2009. 2. The Petitioner agrees that the zoning of the property is solely requested to fulfill the terms of the contract for the mulch disposal operation related to the ice storm debris clean-up and as such, will request the property to be rezoned back to the original R-A, Residential Agricultural immediately upon the completion of the operation,as determined by the City of Fayetteville. 3. 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 terns and conditions stated above, 1, _ , as the owner, developer or buyer (Petitioner)voluntarily offer all such assurances and sign my name below. Date Printed Name Address Signature NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } odAnd this .aj$ day of 2009, appeared before me, yr �/j , a Notary Public, and after being placed upon his/her oath swore or affirmed that lie/she agreed with the terms of the above Bill of Assurance and signed his/her name above. . \Jt.c.cil � NOTARVPUBLIC —` My Commission Expires: l 1(�s OFFICIAL$�L BECKYCRUMLEy NOTARY PUBLIC.ABKANSA8 MADISOPI COUNTY EMISSION N#1294866p. EXP,U6lOtlZg16