HomeMy WebLinkAboutORDINANCE 6165113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6165
File Number: 2019-0125
RZN 19-6525 (509 E. 15TH ST./LDR ENTERPRISES, LLC):
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Washington County, AR
Kyle Sylvester Cirault clerk
F11e2019-00010715
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 19-6525 FOR APPROXIMATELY 2.37 ACRES LOCATED AT 509 EAST 15TH STREET
FROM RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO I-1, HEAVY
COMMERCIAL & LIGHT INDUSTRIAL, SUBJECT TO A BILL OF ASSURANCE
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B), both
attached to the Planning Department's Agenda Memo, from RMF -24, Residential Multi -Family, 24
Units Per Acre to I-1, Heavy Commercial & Light Industrial.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Section 3: That a copy of this ordinance along with the bill of assurance shall be recorded in the Office
of the Circuit Clerk and Ex -Officio Recorder for Washington County.
PASSED and APPROVED on 4/2/2019
Page 1
Attest:
Gca. I W%111111111
Sondra E. Smith, City Clerk Trer ClT Y �C�:FAY:9�.�
ETTE_VILLF; '_uw
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RZN19-6525 LDR ENTERPRISES, LLC EXHIBIT 'A'
Close Up View 19-6525
Legend
RMF -24
MSC
R -A
: Planning Area Feet
Fayetteville City Limits 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
NORTH
Zoning Acres
1-1 2.4
Total 2.4
EXHIBIT 'B'
19-6525
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF EAST 15TH STREET
WHICH IS S87035'12"E 200.14' AND S02048'16"W 33.16FROM THE NORTHWEST
CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID
RIGHT-OF-WAY THE FOLLOWING: S88°3434"E 209.29', 879°33'20"E 141.05',
N85°05' 16"E 3.74' TO THE CENTERLINE OF A CREEK, THENCE LEAVING SAID
RIGHT-OF-WAY ALONG SAID CREEK CENTERLINE THE FOLLOWING:
S01036'24"E 19.94', S06010'49"W 40.35', S08°39591 -W 41.02', S0504421"E 50.911,
S07006'04"W 30.02', S29047'48"W 26.681, S06°3618"W 31.32, S03°04'15"E 29.19,
S23023'33"W 17.64', THENCE LEAVING SAID CREEK CENTERLINE N87°33'09"W
335.62', THENCE N02048'1 5"E 297.12' TO THE POINT OF BEGINNING, CONTAINING
2.37 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-
WAY OF RECORD.
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") LDR
ENTERPRISES LLC, 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
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
Gas Stations and underground Chemical/Petroleum Storage Tanks
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 WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, L e -5 if 5- , as the owner, developer
or buyer (Petitioner) voluntarily offer all such assurances and sign my name below.
Date
Address 2 -70
STATE OF ARKANSAS
COUNTY OF WASHINGTON
r
Printed Name
Si Lure
NOTARY OATH
Anil nc7w on this the 2-1 day of , 2019, appeared before me,
i" , a Notary Public, and after being placed upon his/her oath
swore or affir ed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
My Commission Expires:
o -,i "-u—
NO'�XRY PUBLIC
Jeri Webb
i`Jotary Public
's �r�ton County, Arkansas
'r,r; emission #12364892
( xpires March 20, 2028
Washington County, AR
I certify this instrument was filed on
04/18/2019 02:40:40 PM
and recorded in Real Estate
File Number 2019-00010715
Kyle Sylvester - pircuit Clerk
ny - 0�\
City of Fayetteville, Arkansas 113 West Mountain Street
r Fayetteville, AR 72701
(479) 575-8323
Text File
-- File Number: 2019-0125
Agenda Date: 4/2/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 4
RZN 19-6525 (509 E. 15TH ST./LDR ENTERPRISES, LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6525 FOR APPROXIMATELY 2.37 ACRES LOCATED AT 509 EAST 15TH STREET FROM
RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO I-1, HEAVY COMMERCIAL &
LIGHT INDUSTRIAL, SUBJECT TO A BILL OF ASSURANCE
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B), both attached to the Planning
Department's Agenda Memo, from RMF -24, Residential Multi -Family, 24 Units Per Acre to I-1, Heavy
Commercial & Light Industrial.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
Section 3: That a copy of this ordinance along'with the bill of assurance shall be recorded in the Office of the
Circuit Clerk and Ex -Officio Recorder for Washington County.
City of Fayetteville, Arkansas Page 1 Printed on 4/3/2019
Garner Stoll
City of Fayetteville Staff Review Form
2019-0125
Legistar File ID
3/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/15/2019
Submitted By Submitted Date
Action Recommendation:
CITY PLANNING (630)
Division / Department
RZN 19-6525: Rezone (509 E. 15TH ST./LDR ENTERPRISES, LLC., 602): Submitted by BATES & ASSOCIATES, INC. for
property located at 509 E. 15TH ST. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE
and contains approximately 2.37 acres. The request is to rezone the property to 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance -
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Previous Ordinance or Resolution #
Approval Date:
V20180321
Iwo"
CITY COUNCIL AGENDA MEMO
CITY OF
FAYETTEVILL,E
ARKANSAS
MEETING OF MARCH 5, 2019
TO: Mayor, Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, Planning Director
FROM: Harry Davis, Planner
DATE: February 15, 2019
SUBJECT: RZN 19-6525: Rezone (509 E. 15TH ST./LDR ENTERPRISES, LLC., 602):
Submitted by BATES & ASSOCIATES, INC. for property located at 509 E. 15TH
ST. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS
PER ACRE and contains approximately 2.37 acres. The request is to rezone the
property to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to 1-1, Heavy Commercial And Light Industrial, as shown in the attached Exhibits `A' and
`B'
BACKGROUND:
The subject property is located 900 feet west of the intersection of Morningside Drive and 15th
Street on the southern side of 15th Street. The property totals approximately 2.37 acres, is zoned
RMF -24, Residential Multi -Family, 24 Units Per Acre and 1-1, Heavy Commercial And Light
Industrial, and is currently developed with two single-family homes.
Request: The request is to rezone the entire parcel from RMF -24 to 1-1. The applicant stated they
want to develop the property in the future.
Land Use Compatibility: The proposed zoning is compatible with the surrounding properties.
Adjacent uses to the east and west are allowed under 1-1 zoning and the proposal will not conflict
with the existing church across 15th Street. The property to the south is undeveloped and so
compatibility is not an issue.
Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan
2030, adopted land use policies, and the future land use designation for this location. This
property, designated as a Industrial Area, envisions industrial uses or buildings that need to be
separated from other uses. 1-1 is a zoning district that encourages industrial uses.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Staff believes that there is sufficient justification for rezoning the property to 1-1. This justification
includes providing more industrially -zoned property in areas designated in the future to contain
industrial uses, and removing a remnant of homes surrounded by industrial and institutional uses.
DISCUSSION:
On February 11, 2019, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval by a vote of 7-0-1, with Commissioner Brown dissenting. As a part
of discussion, the pastor of the church across the street to the north spoke in opposition to the
proposal citing concerns over increased traffic, decreased property values, and proximity to
residential properties. For the dissenting Commissioner, they discussed the possibility of a
neighborhood center with mixed-use buildings being a preferred development configuration over
increasing land for industrial uses.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN 19-6525
Close Up View
r
p
It
Y
N
1
D
n
u
A
LDR ENTERPRISES, LLC
EXHIBIT 'A'
19-6525
RMF' -z4
R -A
Legend
Planning Area Feet
�_ _ 9
;- - - Fayetteville City Limits 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
z
z
W
0
Ms
NORTH
Zoning Acres
1-1 24
Tota 1 2.4
EXHIBIT 'B"
19-6525
A PART OF THE NORTHEAST QUARTER, OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT ON THE SOUTH RIGI-IT-OF-WAY OF EAST 15TH STREET
WHICH IS S87035'12"E 200.14' AND S02048'16"W 33.16' FROM THE NORTHWEST
CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID
RIGHT-OF-WAY THE FOLLOWING: S88°34'34"E 209.29, 579°33'20"E 141.05',
N8500516"E 3.74' TO THE CENTERLINE OF A CREEK, THENCE LEAVING SAID
RIGHT-OF-WAY ALONG SAID CREEK CENTERLINE THE FOLLOWING:
SO 103624"E 19.94', S06°10'49"W 40.35', S08°39159"W 41.02', S05044'21 "E 5091',
S07006'04"W 30.02', S29047'48"W 26.68', S06°3618"W 31.32, S03004'15"E 29.19',
523°23'33"W 17.64', THENCE LEAVING SAID CREEK CENTERLINE N87033'09"W
335.62', THENCE N02048'1 511E 297.12' TO THE POINT OF BEGINNING, CONTAINING
2.37 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-
WAY OF RECORD.
CITY OF
11111111111111111h,_ FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
MEETING DATE: February 11, 2019 UPDATED W PC RESULTS
SUBJECT: RZN 19-6525: Rezone (509 E. 15TH ST./LDR ENTERPRISES, LLC., 602):
Submitted by BATES & ASSOCIATES, INC. for property located at 509 E.
15TH ST. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY,
24 UNITS PER ACRE and contains approximately 2.37 acres. The request
is to rezone the property to 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6525 to City Council, based on the findings contained in
this report.
RECOMMENDED MOTION:
"I move to forward RZN 19-6525 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located 900 feet west of the intersection of Morningside Drive and 15th
Street on the southern side of 15th Street. The property totals approximately 2.37 acres, is zoned
RMF -24, Residential Multi -Family, 24 Units Per Acre and 1-1, Heavy Commercial And Light
Industrial, and is currently developed with two single-family homes. Surrounding land uses and
zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zonin
Direction Land Use Zoning
North Fayetteville First Assembly Church DG, Downtown General
South Undeveloped RMF -24, Residential Multi -Family, 24 Units Per
Acre
East Industrial 1-1, Heavy Commercial And Light Industrial
West Institutional 1-1, Heavy Commercial And Light Industrial
Request: The request is to rezone the entire parcel from RMF -24 to 1-1. The applicant stated they
want to develop the property in the future.
Public Comment: Staff has not received any public comment on this proposal as of writing the
report.
INFRASTRUCTURE:
Streets: The subject parcel has frontage access to East 15th Street a partially improved
state highway with asphalt paving and open ditches on either side. Any street
improvements required in these areas would be determined at the time of
development proposal. Any additional improvements or requirements for drainage
will be determined at time of development.
Water: Public water is available to the subject parcel. An existing 12 -inch water main runs
along the northern side of East 15th Street.
Sewer: Sanitary sewer is available to the subject parcel. An existing 8 -inch sanitary sewer
main runs through the property.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. An eastern portion of the subject area is located in a FEMA
regulated floodplain. Any development in this area will require a floodplain
development permit. There are no protected streams present in the subject parcel,
No portion of this parcel lies within the Hillside -Hilltop Overlay District. Hydric soils
appear to be present in the western and eastern areas of the subject parcel.
Fire: The site will be protected by Ladder 3, located at 1050 S. Happy Hollow Road. The
property is located approximately 1.1 miles from the fire station with an anticipated
drive time of approximately 2 minutes using existing streets. The anticipated
response time would be approximately 4.2 minutes. Fire Department response
time is calculated based on the drive time plus 1 minute for dispatch and 1.2
minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department
has a response time goal of 6 minutes for an engine and 8 minutes for a ladder
truck.
Police: The Police Department expressed no concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the properties within the proposed rezone as Industrial Area. Industrial Areas are those areas
with buildings that by their intrinsic function, disposition or configuration, cannot conform to one
of the other designated areas and/or its production process requires the area to be separated
from other uses.
Guiding Policies:
• Noise, visual, air and water pollution shall be minimized though performance standards.
• New industry shall be recruited and encouraged to locate within the existing industrial park
unless rail access is necessary to the industry.
• Industrial zones that are not consistent with the Future Land Use map should be rezoned
to more appropriate uses.
• Encourage the use of "green" technologies to minimize noise, air and water pollution
FINDINGS OF THE STAFF
1. 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: Land Use Plan Analysis: Staff believes that the proposal is compatible with
the goals in City Plan 2030, adopted land use policies, and the future land
use designation for this location. This property, designated as a Industrial
Area, envisions industrial uses or buildings that need to be separated from
GAETC\Development Services Review\2019\Development Services\19-6525 RZN
509 E. 15th St. (LDR Ent, LLC) 602\
other uses. 1-1 is a zoning district that encourages industrial uses.
Land Use Compatibility: The proposed zoning is compatible with the
surrounding properties. Adjacent uses to the east and west are allowed
under 1-1 zoning and the proposal will not conflict with the existing church
across 15th Street. The property to the south is undeveloped and so
compatibility is not an issue.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
1-1. This justification includes providing more industrially -zoned property in
areas designated in the future to contain industrial uses, and removing a
remnant of homes surrounded by industrial and institutional uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to 1-1 would not increase traffic to this location above
the potential of the current RMF -24 zoning district. Any impact by traffic is
not expected to be significant given the surrounding road network.
4. 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: Rezoning the property to 1-1 would not increase the load on public services
above the potential of the current zoning district and any impact is not
expected to be significant given the evaluation by the various city divisions.
5. 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: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN 19-6525 to City Council
with a recommendation for approval.
GAETC\Development Services Review\2019\Development Services\19-6525 RZN
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PLANNING COMMISSION ACTION: Required YES
Date: February 11, 2019 O Tabled 0 Forwarded O Denied
Motion: Belden Motion to forward to CC with recommendation of
approval
Second: Winston
Motion passes; Brown dissenting
Vote: 7-0-1
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24) Units
Per Acre
o §161.30 - District 1-1, Heavy Commercial And Light Industrial
• Request letter
® One Mile Map
Close-up Map
• Current Land Use Map
• Future Land Use Map
GAETC\Development Services Review\2019\Development Services\19-6525 RZN
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161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF -24 Multi -family Residential District is designed to permit and encourage the
developing of a variety of dwelling types in suitable environments in a variety of densities.
(6) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellin s
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit
12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
,Manufactured home park
100 feet
Lot within a Manufactured home
park 50 feet
Single-family
35 feet
'Two-family
35 feet
Three or more
70 feet
Professional offices
100 feet
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(2) Lot Area Minimum.
Manufactured home park
3 acres
ILot within a mobile home
4,200 square
ark
feet
Side
2,000 square
Townhouses: Individual lot
feet
3,000 square
:single-family
feet
4,000 square
Two (2) family
feet
Other
7,000 square
Three (3) or more
feet
Fraternity or Sorority
2 acres
(Professional offices
1 1 acres
(3) Land Area Per Dwelling Unit.
VManufactured Home 1 3,000 square feet
(E) Setback Requirements.
(F) Building Height Regulations.
Building Height 2 stories/3 stories/5
Maximum stories*
* A building or a portion of a building that is located between 0 and 10 feet from
the front property line or any master street plan right-of-way line shall have a
maximum height of two (2) stories, between 10-20 feet from the master street
plan right-of-way a maximum height of three (3) stories and buildings or
portions of the building set back greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 5 stories.
G:\ETC\Development Services Review\2019\Development Services\19-6525 RZN
509 E. 15th St. (LDR Ent, LLC) 602\
Side
Side
Rear
Rear
Single &
Front
Other
Other
Single
Uses
Two (2)
Uses
Family
Family
A build -to zone that is
located between the
front property line and a
8 feet
5 feet
20 feet
5 feet
line 25 feet from the
front property line.
(F) Building Height Regulations.
Building Height 2 stories/3 stories/5
Maximum stories*
* A building or a portion of a building that is located between 0 and 10 feet from
the front property line or any master street plan right-of-way line shall have a
maximum height of two (2) stories, between 10-20 feet from the master street
plan right-of-way a maximum height of three (3) stories and buildings or
portions of the building set back greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 5 stories.
G:\ETC\Development Services Review\2019\Development Services\19-6525 RZN
509 E. 15th St. (LDR Ent, LLC) 602\
If a building exceeds the height of two (2) stories, the portion of the building that
exceeds two (2) stories shall have an additional setback from any side boundary
line of an adjacent single family district. The amount of additional setback for the
portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079,
11-20-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-
6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 58fl0...' §
1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 8, 9, 1-17-17; Ord. No. 6015 ,
§1(Exh. A), 11-21-17)
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161.30 - District I-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial
and light industrial uses which are compatible with one another but are inappropriate in other
commercial or industrial districts. The Light Industrial District is designed to group together a wide
range of industrial uses, which do not produce objectionable environmental influences in their
operation and appearance. The regulations of this district are intended to provide a degree of
compatibility between uses permitted in this district and those in nearby residential districts,
(B) Uses.
(1) Permitted Uses.
Unit
City-wide uses by right
1
Unit
Public protection and utility facilities
.3
Unit
Cultural and recreational facilities
Unit
Government Facilities
'S
Unit
Agriculture
6
Unit
UEating
places
-13
Unit
Shopping goods
pp g
16
UUnit
Transportation trades and services
Unit
Gasoline service stations and drive -
18
in/drive through restaurants
Unit
Warehousing and wholesale
21
Unit
UManufacturing
22
Unit
Offices, studios and related services
25
Unit
Wholesale bulk petroleum storage
27
facilities with underqround storage tanks
Unit
Clean technologies
.42
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use
permit
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'Unit
19
Commercial recreation, small sites
(Unit
20
Commercial recreation, large sites
(Unit
Center for collecting recyclable
.28
materials
]Unit UWireless
.36
communications facilities
IJnit
38
Mini -storage units
Unit
43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoi iing A or R districts
50 feet
Front, when adjoining C, I, or P districts 25 feet
:Side, when adjoining A or R districts
50 feet
'Side, when adjoining C, I, or P districts
10 feet
Rear
125 feet
(F) Height Regulations. There shall be no maximum height limits in I-1 District, provided, however,
that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two
(2) stories shall have an additional setback from any boundary line of an adjacent residential
district. The amount of additional setback for the portion of the building over two (2) stories shall
be equal to the difference between the total height of that portion of the building, and two (2)
stories.
(G) Building Area. None.
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-
79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,
8-31-99; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-
20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §
1(Exh. A), 10-6-15; Ord. No. 5945, §§ 5, 7, 1-17-17; Ord. No. 5982, §1, 6-20-2017; Ord. No. 6015,
§1(Exh. A), 11-21-17)
GAETC\Development Services Review\2019\Development Services\19-6525 RZN
509 E. 15th St. (LDR Ent, LLC) 602\
■ssoci tes,inc.
Civil Engineering • Land Surveying • Landscape Architecture
7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704
PH: 479-442-9350 * FAX: 479-521-9350
www.nwabatesinc.com
REZONING REQUEST:
LES ROGERS, INC.
509 E. 15TH STREET
FAYETTEVILLE, AR 72701
To the City of Fayetteville Planning Staff:
This rezoning request is being made by the owners of parcel #765-15161-000, located at 509
E. 15TH Street.
The request is to rezone the above property from RMF -24 to I-1 to accommodate future
development. Rezoning this parcel will not have an adverse effect on the surrounding uses.
The zoning change is consistent with the surrounding zoning and uses. Most of the
surrounding properties are already currently zoned I-1.
Rezoning this property should have little effect on the traffic of East 15th Street and no new
signs are being proposed.
Water and sewer are readily available to the site. There is an existing 8" sewer main running
through the property and an existing 12" Water Main running along the north side of 15th
street.
We feel that this rezoning request is justified because of the current zoning surrounding the
property and the area. We believe developing this property would improve the area as a whole
and have little or no impact on the surrounding properties.
If you have any comments, questions, or concerns please feel free to contact us.
Respectfully,
Andy Hooper
Bates & Associates
RZN 19-6525
One Mile View
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Complete Neighborhood Plan
CityClerk
From: CityClerk
Sent: Tuesday, March 05, 2019 7:57 AM
To: Batker, Jodi; Bolinger, Bonnie; 'bpennington@fayetteville-ar.gov'; Bunch, Sarah; CityClerk;
Icitycouncil@matthewpetty.org'; 'dmarr@fayetteville-ar.gov'; 'geads@fayetteville-ar.gov';
'groberts@fayetteville-ar.gov'; Gutierrez, Sonia; Henson, Pam; Kinion, Mark; 'kjohnson@fayetteville-
ar.gov'; 'kwilliams@fayetteville-ar.gov'; 'Ibranson@fayetteville-ar.gov'; 'Ijordan@fayetteville-ar.gov';
Marsh, Sarah; Mulford, Patti; Norton, Susan; Scroggin, Sloan; Smith, Kyle; 'ssmith@fayetteville-ar.gov';
Turk, Teresa; Whitney, Jenny
Cc: Stoll, Garner
Subject: FW: RIU to DG
Please see email from Mike Baumann to Mayor and City Council. It pertains to agenda item C-5 on tonight's agenda.
Thanks
Garner Stoll
Director of Development Services
City of Fayetteville, AR 72701
GstoJh@1:ayc,t tevi[le-ar.gov
T 479.575.8265
From: Mike Baumann [iri iilto:barjmann baumanncrosno.com]
Sent: Monday, March 4, 2019 4:55 PM
To: Stoll, Garner <ps[oil@fayetteville-ar.gov>; gstole@favetteville-argo_v
Cc: 'Michael Crosno' <crosno baumanncrosno.com>
Subject: RIU to DG
Garner,
Thank you for your call last week.
As we discussed, I wanted to email you regarding the question you posed on the rezoning from RIU to DG on the
property located off West and Prairie. After thinking about the question, we would prefer to support the
recommendations and rezoning approval made by the Planning Commission. That recommendation allows the front
parcels to become zoned DG, and leaves the back portion RIU.
Respectfully,
Mike Baumann
479-799-4616
Virus -free. www.avast.com
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26 MARCH - APRIL 2019
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COAST TO -COAST INCENTIVES
The governors of all 50 states considered
the needs and potential of communities they
i
nominated as opportunity zones.
Credit Economic Innovation Group.
MAP SOURCE: ESRIMEDIA.MAPS ARCGIS.COM
Havana
MAGAZINE REALTOR
BY SAM SILVERSTEIN
hen Daniel Zelonker, a South Florida bro-
ker who specializes in the sale of industrial
buildings, looks for properties to recommend
to clients, he confronts a challenge familiar
to commercial real estate practitioners. While his clients
often have a longtime horizon for their investments,
they want a solid return down the road in exchange
for their patience—but the bite of taxes can
stand In the way of achieving that goal. "They
have income they don't need today, and they
want to see their.funds grow," says Zelonker,
the owner of Z Miami Commercial Real Estate
LLC. "I have to give them something [attractive]
to do with their money,"
Real estate professionals like Zelonker have a new
tool to help match clients with opportunities that suit
their investment goals. A relatively unheralded section of the
2017 federal tax overhaul offers patient investors a deal that
could be too good to turn down. The launch of the qualified
opportunity zone program means that in return for rolling
over the profits from the sale of a capital asset like real estate
or compahy stock into certain economically disadvantaged
areas, investors can delay paying capital gains taxes on
those profits through 2026.
What's more, if an investor retains an opportunity zone
investment for at least five years, 10 percent of the initial
investment is excluded from being taxed. After seven years,
that figure increases to 15 percent. "This is being called the
biggest tax break in our lifetime," says Tiffany Lewis, a broker
with Synergy Properties in Spokane, Wash., who focuses on
working with residential property investors.
Opportunity zones are similar in some ways to 1031 like -
kind exchanges, which permit real estate investors to defer
taxes on gains from the sale of a property by reinvesting
the proceeds from the sale in another property within six
months. A key difference is that 1031s do not allow investors
to permanently exclude any portion of their profit from taxes,
which the opportunity zone program allows for investments
held for at least 10 years.
To take advantage of the tax benefits, investors need to
invest capital gains in vehicles known as qualified opportu-
nityfunds, which aggregate money from investors and use
it to acquire and improve properties in opportunity zones,
within 180 days of the sale of an asset. Investors can choose
MARCH - APRIL 2019 27
to work with an existing opportunity fund that plans to invest in
an area or type of property they want to put money into or form
their own fund. For their part, opportunity funds must invest
at least as much in improving a property as they pay for it, and
are required to invest 90 percent of their assets in properties
located in opportunity zones.
Zelonker say the program promises to turn properties once
off the table for commercial property buyers into ripe acquisi-
tion targets for clients looking for tax -efficient ways to invest
money. "The middle of nowhere has become the middle of
somewhere;' he says.
To qualify as an opportunity zone, an area must either have
an individual poverty rate of at least 20 percent and median
family income of no more than 80 percent of the median income
6oi7fie area where it Is ocated or border an area that meets
those criteria. An area designated as an opportunity zone based
on its proximity to a low-income district has somewhat looser
criteria: median income that is no more than 125 percent of that
area's median income. Zones are located in urban, suburban,
and rural parts of the country.
Not every area that met the requirements ended up as an
opportunity zone. The U.S. Treasury Department last April
certified more than 8,700 opportunity zones from among all
the census tracts in the United States. The governors of all 50
states and U.S. territories and the mayor of Washington, D.C.,
recommended the zones following a selection process that was
inescapably political. Economic development organizations, ,
civic groups, pnd other entities pushed their preferences know-
ing that officials were allowed to include only 25 percent of the
areas in their jurisdiction that met the criteria.
Still, according to research published by the Economic
Innovation Group, a nonprofit, bipartisan organization based in
Washington, D.C., that lobbied Congress to create the oppor-
tunity zones, the areas that were selected are typically more
economically depressed than the law required. On average,
opportunity zones have a poverty rate of 31pe'rce.nt and median
family income of just 59 percent of the area median, the organi-
zation says.
excited by the opportunity zone program. "The benefit is there
for anybody who wants to invest in an up-and-coming neighbor-
hood" that has an opportunity zone designation.
Investors do not need to live in an opportunity zone to invest
in a fund that intends to invest in it. But it is critical to evaluate an
area's growth potential and the level to which it is already receiv-
ing or slated for public and private investments before deciding to
invest money there. "You need to know the zoning laws and where
the developable lots are," says Lewis,
Teya Moore,rinci al keLM&+ &Ui in and Banks Real
C,t,t,r_PL
ays opportunity zones are particularly
interested in commercial projects such a
ping centers and housing developments. "Investors are no
Usu'al#ylt'it�TeSted•in�eattc�rs2lotlic5ralopmen�#I►aFt�kes-p#s '
house by house;' says Moore, who is also an attorney.
Lewis agrees. The requirement that opportunity funds ded-
icate a large portion of their investments to improving property
they invest in means that fund managers are unlikely to be inter-
ested in acquiring individual homes unless they plan to demolish
the property and replace it with a new commercial or residential
project, she says. "It's not that often that you buy a house for
$100,000 and spend another $100,000 on renovating it:'
Wide investor Appeal
The promise of deferred taxes on capital gains and a potential
ax -free profit down the road represents a powerful combination
of incentives for investors at all levels—not only developers with
large amounts of capitol, says real estate atton ioy Adatn'lor-
mack, a partner at Escalante Yormack Law in Miami. "If you want
to invest in and substantially improve a property, this is a huge op-
portunity. It's changing the whole landscape," says Yormack, who
consulted with a variety of individual and institutional investors
28 MARCH - APRIL 2019
O -Zone Considerations
Yormack advises counseling clients who may be excited by the
prospect of investing in an opportunity fund not to let the tax ben-
efits cloud their judgment about whether the investment makes
sense. "No one should be doing a deal if it doesn't stand up on its
own;' he says. Determining whether to invest in an opportunity
zone should involve an examination of the factors that could
impact the area's future economic prospects, says Veronica
Malolos, a broker with NAI Realvest in Orlando, Fla. These factors
include zoning restrictions and the condition of,public infrastruc-
ture such as roads and utilities. Investors should also take into
account whether the local government is investing in services
such as public safety and schools or plans to do so. "Opportunity
funds are not for someone who doesn't have the patience to do
the research to be sure it's truly an opportunity," she says.
While opportunity zone investments can revitalize parts of
the country that are behind the economic curve by attracting
capital to areas that otherwise wouldn't receive it, they can also
pose negative consequences for communities, says Malolos,
who serves as chairman of the county planning commission in
Osceola County, Fla. Among her concerns is the possibility that
existing residents of an opportunity zone find themselves unable
to afford to stay as existing housing stock is displaced by newer
and possibly more expensive inventory or redeveloped for non-
residential purposes, she says.
MAGAZINE REALTOF
"REALTORS0" have to make sure we have a voice in reshap-
ing our communities and making sure there is equal access
for everybody," says Malolos, who is also a former chair of the
housing opportunities committee at the National Association of
REALTORS'. "New development can mean that all of a sudden
people have to move out, and the rich simply become richer."
Malolos hopes to counter this issue by taking an active role in de-
veloping public policies governing how areas she works in evolve.
A Boon for
Residential Neighborhoods?
Residential specialists may find an opportunity zone designation
to be a potent business development tool. That's because homes
in an opportunity zone, even difficult -to -sell homes, may become
more marketable, drawing buyers who otherwise might not have
paid attention. "Opportunity funds are scouring for properties,"
Malolos says, "so if you're listing a property in an opportunity
zone, it presents an attractive benefit. I will add that information
to the marketing materials." Pointing out to homeowners that
their property is in an opportunity zone might even help you find
people who were thinking of selling and convince them to put
their home on the market.
Despite these apparent marketing advantages, some are
concerned about the designation of opportunity zones in areas
that hardly need them in order to prosper. "While the definition
of some of these census tracts suggests they are downtrodden,
it's not always true," because a region can be economically
vibrant despite what the statistics suggest, says Sheri Orlow-
itz, founding partner of Artemis Holding Group, an investment
advisory firm in Washington, D.C., says.
The section of Queens in New York where e-commerce giant
Amazon.com had intended to build a new headquarters, for in-
stance, is labeled an opportunity zone yet is thriving, according
to Orlowitz. The site is located in an area close to pockets of pov-
erty. Amazon announced Feb. 14 that it had canceled its plans
because of opposition from local lawmakers and the public.
An Attractive Proposition
Still, by and large, the OZ program is poised to transform com-
munities across America that have been long been shunned
by investors. The generous tax incentives that underpin the
program make it possible for investors to come out ahead
even if an investment yields a lower return than one in a more
economically vibrant area might generate, says Brad Alexander,
a senior adviser in the Atlanta office of McGuireWoods Consult-
ing. "Opportunity zones are powerful tools that have a public
purpose because they encourage investments in places that
may [otherwise] be tough to invest in."
MAGAZINE. REALTOR
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor and Members of the City Council
THROUGH: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Jonathan Ely, Development and Construction Manager
DATE: March 13, 2019
SUBJECT: City of Fayetteville Storm -water Requirements Overview
STAFF MEMO
This memo provides background information that responds to a question from the City Council
(associated with RZN 18-6525 March 19, 2019 agenda item B-5) regarding Fayetteville's storm -
water quality control and protection regulations.
Current Storm -water Regulations — Set by UDC Ch 171, Adopted Drainage Criteria Manual by
Ordinance 5702 on August 5, 2014.
Applicability depends on impervious area increase proposed by a development. Zoning or use
does not influence the requirements, therefore a residential subdivision would have the same
requirements as an industrial facility which would have the same as an apartment complex. Any
development proposing to increase impervious area by 2,000 square feet or more is required to
comply. Exceptions are made for 1 single family residence or duplex, agricultural pursuits, and
emergency situations.
Four Minimum Drainage Standards:
#1 -- Water Quality — This standard was established to comply with the City of Fayetteville's
Municipal Separate Storm Sewer System (MS4) permit, through Arkansas Department of
Environmental Quality (ADEQ). The requirement is to capture and remove a minimum of 80%
total suspended solids (TSS) from post development sites. This is typically accomplished by
bio -retention ponds, permeable paver systems, wet storm -water ponds, or proprietary water
treatment devices.
#2 — Channel Protection — This standard takes the increased volume of runoff from the 1 -year
storm event, and requires it to be detained over 40 hours. The intent here is to protect
downstream streams and channels from erosive velocities and unstable conditions by utilizing
the detention storage for more frequent events.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
#3 and #4 — Gverbank Flood Protection and Extreme Flood Protection - These standards
typically result in detention ponds which are common around the region and country. The
requirement is to control increased storm -water flow rates caused by development, and hold it
back for a period such that the post -development peak flow rate does not exceed the pre -
development rate. While flow rates are controlled, the volume of water is not, so the detention
pond essentially holds back the additional water, and releases it over a longer period of time at
a rate equal to or below what existed on a site prior to development.
Streamside Protection Zones (SPZ) — Typically defined to start at the point where 100 acres
drains to a common point. Designated streams are mapped in GIS for easy access.
Streamside protection zones consist of a 25 ft wide water side zone, and a 25 ft wide
management zone, for a total width of 50 ft, measured from the top of the bank outward. The
SPZ designation restricts all development, but allows for certain activities such as utility lines,
and trails in some instances where approved. The streamside protection zone also prohibits
new outfall points directly to the creek, unless the City Engineer determines there is no feasible
alternative. This requirement forces development to discharge a minimum of 50 ft away, and in
many instances to establish a sheet flow condition to mimic existing drainage patterns. This
provides an additional level of treatment, and helps maintain streambank health by not cutting in
new discharge points.
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") LDR
ENTERPRISES LLC, hereby voluntarily offers this Bill of Assurance and enters into tl-is
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
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
Gas Stations and underground ChemicaVPetroleum Storage Tanks
4. (Any other terms, or conditions)
5. Petitioner specifically agrees that all such restrictions and terms shall ruin 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 ail the terms and conditions
stated above, 1, as the owner, developer
or buyer (Petitioner) voluntarily offer all such assurances and sign my name below.
to
Z
_Address 7Z -70
STATE OF ARKANSAS
COUNTY OF WASHINGTON
1
Printed Name
Si natur
NOTARYOATH
And now on this the 2-1 day of 1 "`-�'— , 2019, appeared before me,
a Notary Public, and after being placed upon his/her oath
swore or affirYned thathe/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
My Commission Expires:
ND RY PUBLIC
,Jeri Webb
I Notary Public
:_aton County, Arkansas
rnission #12864892
}fires March 20, 2028
e, q. .4
Ll -.2 - I9
ORDINANCE NO.
R7-n//q-6-5x5'
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 19-6525 FOR APPROXIMATELY 2.37 ACRES LOCATED AT 509 EAST 15TH STREET
FROM RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO 1-1, HEAVY
COMMERCIAL & LIGHT INDUSTIAL, SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B),
both attached to the Planning Department's Agenda Memo, from RMF -24, Residential Multi -
Family, 24 Units Per Acre to I-1, Heavy Commercial & Light Industrial.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Section 3: That a copy of this ordinance along with the bill of assurance shall be recorded in the
Office of the Circuit Clerk and Ex -Officio Recorder for Washington County.
PASSED and APPROVED this 2" d day of April, 2019,
APPROVED: ATTEST:
IN
IN
LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer
RECEIVED
APR 1.6 2019
'CITY
CiTY CiEFK I VVIL.LE
NORTHWEST ARKANSAS
Democrat* 0
9 D5- 141 I'i", ...
c i G• 1!18 � l'!t� l.:. ,f Li ta,',)
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6165
Was inserted in the Regular Edition on:
April 11, 2019
Publication Charges: $ 78.00
Cathy Staags
Subscribed and sworn to before me
This IZday of OTIL , 2019.
W�
Notary Public
My Commission Expires: Z eUD (2"
jilrlmnsas - 11011ion County
Notary Public - Carom=! 123.7r i 'lls
My Commission Expires cab 20, 20''.
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6165
File Number: 2019-0125
RZN 19-6525 (509 E 15TI I ST./LDR
ENTERPRISES, LLC):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6525 FOR
APPROXIMATELY 2.37 ACRES LOCATED
AT 509 EAST 15TH STREET FROM RMF -24,
RESIDENTIAL MULTI -FAMILY, 24 UNITS
PER ACRE TO 1-1, 1IEAVY COMMERCIAL
& LIGHT INDUSTRIAL, SUBJECT TO A
BILL OF ASSURANCE
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map
(Exhibit A) and the legal description (Exhibit B),
both attached to the Planning Dcparrncnt's
Agenda Me no, from RMF -24, Residential
Multi -Family, 24 Units Per Acie to 1-1, Heavy
Commercial & Light Industrial,
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to
reflect the zoning change provided in Section 1,
Section 3: That a copy of this ordinance along
with the bill of assurance shall be recorded in the
Office of the Circuit Clerk and Ex -Officio
Recorder for Washington County
PASSED and APPROVED on 4/2/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E, Smith, City Clerk Treasurer
74904425 April 11, 2019