HomeMy WebLinkAboutOrdinance 4501 ORDINANCE NO, 4501
AN ORDINANCE REZONINGTHAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 03- 19.00 AS SUBMITTED BY JERRY
KELSO ON BEHALF OF TOM BROYLES FOR PROPERTY
LOCATED FAST OI' BEF,CHWOOD A VENUE SOUTH OF 15 ' "
STREET, MOVING THE CURRENT ZONING LINE '110 A NEW
CONFIGURATION WITH TI IE SUBJECT PROPERTY BEING R-2,
MEDIUM DENSITY RESIDENTIAL.
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 C-2, Thoroughfare Commercial, to R-2, Medium Density Residential , as shown in
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 the 15'"' day of July, 2003 .
p AY E r/4 `
APPROVED : ,
.. � i DAN GOODY, Mayor
y
1Zlr, r
Bytc�< <'
Sondra Smith, City Clerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc I0 : 006378840002 TV00 : REL
Recorded : 06/ 11/2003 at 08 : 48 : 27 AM
Fee l n1 of >2 S'
Vashlnatoncouty . AR
Bette St&M06 Clrcult Clerk
F11e2003-00041704
EXHIBIT "A"
RZN 03-19.00
A part of the NW 1 /4 of the SE 1 /4 of Section 20, T- 16-N, R-30-W, being more particularly
described as follows: From the N.E. comer of the NW 1 /4 of the SF, I /4 of said Section 20,
thence N87° 13'22"W 464.78 feet; thence S02046'38"W 75 .95 feet to the center line of a
ditch; thence along the center line of said ditch as follows: S 13°52'53 "W 157.39 feet; thence
S 17°38'29"E 138.54 feet; thence S64°04'53"E 36.47 feet; thence SO° 11 '38"E 104.22 feet to
the Point of Beginning; thence SO° 11 '38"E 89.61 feet; thence S14°47 '06"E 227.46 feet;
thence S30002'E 82. 11 feet to the West right-of-way for Razorback Road; thence
S18°21 ' 12"W 85 . 18 feet; thence leaving said right-of-way for Razorback Road N80°00'W
along a creek 160.53 feet; thence N26°42'27"W 82.42 feet; thence N87° l FOT W 47.00 feet;
thence S43°05'33 "W 42.72 feet; thence SO4°20'41 "E 36.68 feet; thence S30°46'23"W 95 . 54
feet; thence S30°46'23"W 43 .82 feet; thence S42' 1 8'32"W 60. 19 feet; thence SOYOO' l 7"W
234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North
line of Meadow Vale Subdivision N87°09'34"W 220.24 feet to the NW comer of said
Subdivision; thence along the East right-of-way of Ashwood Avenue NO3 °26'28"E 20. 00
feet; thence along the North right-of-way of 18th Street N87°33'13"W 354.43 feet; thence
along the East right-of-way of Arkansas Highway 16 Bypass NO2' 1 1 ' 12"E 845 .65 feet;
thence S85°33 '37"E 863 . 18 feet to the Point of Beginning, containing 14.66 acres, more or
less, Washington County, Arkansas.
Washington County, ARI
I certify this instrument was filed on
08/11 /2003 08:45:27 AM
and recorded in Real Estate
File Number 2003-00041704
Bette Stamps - Circuit Clerk
by/�
' -- -- - - - Ti ..-�HroMles 4704 77 ] 7 P . 2
Jul 01 03 01 : 52p PAGE 92
06/ 30/2893 19: 16 479j1a2 EN6FN.ERI46 C•
CA di A Qw",'L
03- / 9•�
SLY. OF ASSURANCE R2N
FpR m erry OF FAYI:7TEVJI.M ARKANSAS /Q
T /K7
In order to attempt to obtain approval of a request for a zoning
reclassificatiom the owner, developer, or buyer of this property, (hereinafter
"Petition American College General Partnership, John fi116 and Torn Broyles.
General Partners, hereby volurtarly offer this Sill of Assurance and imter -into
this binding agreement and contract with the City of Fayetteville, A.rkarisas-
The Petitioners wWressly grant to the City of FayettevMe the mutt to
enforce any and all of the tercets of this Bill of Assurance in the Chantry/
Circuit Court of Washington Comity and agrees that if Petitioners or Petitioners'
heirs, assigns, or successors violate any tprar of this Biu of Assurance, substantial
irreparable damage justifying injunctive relief bas been done to the citizens
and City of Fayetteville, Arkansas, The Petitioners acknowledge that the
Fayetteville Planning Comadasion and the Fayetteville City Council will
reasonably rely upon all of the terrrs and conditions within this Buil of
Assurance in considering whether to approve Petitioners rezoning regtiest.
Petitioners hereby voluntarily offer assurances that Petitioners and
Petitioners' property shall be restricted as follows IF Petitioners rezoning is
approved by the Fayetteville City Council.
I The use of Petitioners' property described in Fxhrbit "A" attached
hereto shall be linnited to a density of 480 multi-family dwelling units.
Z Petitioners shall install a traffic signal either at Razorback Road and 15m
Street or at Beachwood and 60, Street, whichever is the most aFproPnate
with a revised traffic study being submitted after the mtorung is
approved-
3. Petitioners shall dedicate six to seven arras for park land and a trail to
be built by the developers along the south boundary of the RMF 24,
Residential Multi-Family, 24 units per acre property to the City of
Fayetteville prior to development of subject property.
4. Petitioners shall provide storm water detention as required by the City
of Fayetteville Drainage Criteria Manual.
Petitioners specifically agree that all such restrictions and terms shall inn
with the land and bind all future owners unless and until specifically released by
Resolution of the FayettevLe City Conmcil. This Bill of Assurance shall be filed
for record m the Washington County Cheuit Clerk's Office after Pgetitforrers'
.Jul U1 uj U1452P Tiah BrOylma 4704427717 P • 3
06/30/ 2003 19: 16 479-8 02 ENGTHEERI G G" PPCF 93
rezoning is effective and shall be noted on any Final plat or Urge Scale
Development which includes some or all of petitioners property.
IN WY'f'NESS WHEREOF and in agreement with all the terms and
conditions stated above, we, Tom $royles and John Ellis, General. Partners
American College General Partnership, as the owners, developers or buyers
(Petitioners) voluntarily offer all such assurances and sign our names below-
Date Printed Name
44P -rIA16N
Address
_ Co MdB19Lt TK3 39e1 $ ?a
Si tura
L
Daii Printed Name
(; ;?y <f
Address
si�t�re
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASUNG'TON 1
And now on this the . day of� 2003, appemn d before
and after
being placed upon his/her oath swore-or of hated that he agreed with the terms
of the above Bill of Assurance and signed bb name above-
NOTARY PUBLIC
My Commission Expires:
STATE OF TENNESSEE
CaNPY OF SHELBY
And now on this the 1st day of July, 2003o, appeared before Iwo,, John R. Psllis,,
and after being placed upon his oath swore r affirmed that he agreed with the
terms of the Assurance and signed his name above *
pemp.6'
�9 NOTARY
PUBLIC NOTARYPUBLICAT
-yY
LARGE
I EXHIBIT "A"
AMERICAN COLLEGE CONSULTANTS
BILL OF ASSURANCE
A part of the NWIA of the SETA of Section 20, T- 16-N, R-30-W, being more
particularly described as follows: From the N.E. comer of the NWl /4 of the SE] /4 of
said Section 20, thence N87° 13'22" W 464.78 feet; thence S02046'38 "W 75 .95 feet to the
center line of a ditch; thence along the center line of said ditch as follows: S13°52'53 "W
15739 feet; thence S17°38'29"E 138.54 feet; thence S64°04'53 "E 36.47 feet; thence
SO° 11 '38"E 104.22 feet to the Point of Beginning; thence SO° 11 '38"E 89.61 feet; thence
S14047'06"L' 227.46 feet; thence S30002'E 82 . 11 feet to the West right-of-way for
Razorback Road; thence S18°21 ' 12"W 85 . 18 feet; thence leaving said right-of-way for
Razorback Road N80000'W along a creek 160.53 feet; thence N26°42'27"W 82.42 feet;
thence N8701 F07W 47.00 feet; thence S43°05 '33 "W 42.72 feet; thence SO4020'41 "E
36.68 feet; thence S30046'23 " W 95.54 feet; thence S30°46'23 "W 43 . 82 feet; thence
S42° 18'32"W 60. 19 feet; thence S03°00' 17"W 234.86 feet to a point on the North line of
Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision
N87009'34"W 220.24 feet to the NW corner of said Subdivision; thence along the Fast
right-of-way of Ashwood Avenue NO3026'28 "F. 20.00 feet; thence along the North right-
of-way of 18th Street N87033' 13 "W 354.43 feet; thence along the East right-of-way of
Arkansas Highway 16 Bypass NO2' 1 1 ' 12"E 845 .65 feet; thence S85°33 '37"E 863 . 18 feet
to the Point of Beginning, containing 14 .66 acres, more or less, Washington County,
Arkansas.
Also,
A Part of the EI /2 of the NF. I /4 of the SWIM of Section 20, Township 16 North, Range
30 West, in the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Beginning at a found 3/4-inch iron pipe at the NE
comer of said NF1 /4 of the SWI /4; Thence S1 °57'44"W 149. 11 feet to a point on the
West right-of-way line for Arkansas Highway 16 Bypass; Thence Southwesterly along
said right-of-way along a 326.50 foot radius curve to the left having a delta angle of
26056' 10", an arc distance of 153 .50 feet (the long chord of which bears S15°39' 17"W a
distance of 152.09 feet); 'Thence continuing along said West right-of-way line liar
Arkansas Highway 16 Bypass S2° 11 ' 12"W 713 .25 feet to an existing concrete right-of-
way marker; Thence S87°46'57"W 9.64 feet to an existing concrete right-of-way marker;
Thence continuing Southwesterly along said West right-of-way line for Arkansas
I lighway 16 Bypass along a 236.50 foot radius curve to the right having a delta angle of
91035' 10", an arc distance of 378 .04 feet (the long chord of which bears S48°08'49"W a
distance of 339.06 feet); Thence S3°50'46"W 9.62 feet to a point on the North right-of=
way line for 18th Street; Thence along said North right-of-way for 18th Street
N8710'48 "W 374.29 feet to the West line of the EI /2 of said NEI /4 of the SWI /4;
Thence N2°31 ' 15 "E 1263 .02 feet to the NW corner of said E1 /2 of the NEI /4 of the
S W 1 /4; Thence S86°52'04"E 655.46 feet to the Point of Beginning, containing 17.844
acres, more or less. Subject to all casements and rights-of-way of record.
Jul 01 03 01 ,052P Ti Brovles 4704427717 P .
06/39/2883 19: 16 479292 ENGINFJRM C. PAGE 02
BILL OF ASSURANCE -Tc a•
FOR UM CITY OF 1PAYE7TE MLF, ARKANSAS . U/
In order to attempt to obtain approval of is request for a zoning
redassification, the owner, developer, or buyer of this property, (hereinafter G't
"petitioneel American College General P�+ership. John Ellis and rola Broyles.
General Partners, hereby voluntarily offer this Bill of Assurance and imber .into
this binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioners expressly grant to the City of Fayetteville the A;ht to
enforce any and an of the teems of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioners or Petitioners'
heirs, assigns, or successors violate any term of this Bill of Assurance, stebstantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitionuxs acknowledge that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonably rely upon all of the terms and conditions within this BHI of
Assurance in considering whether to approve Petitioners rezoning regLiest.
Petitioners hereby voluntarily offer assurances that Petitioners :md
Petitioners' property shall be restricted as follows IF Petitioners' rezoning is
approved by the Fayetteville City Council.
1- The use of PetitioneW property described in Exhibit 'A" attached
hereto shall be limited to a deruity of 480 multi-family dwelling amity.
2, Petitioners shall install a traffic signal either at Razorback Road and 15m
Street or at Beechwood and 60, Street, whichever is the most appropriate
with a revised traffic study being submitted after the re:=dng is
approved.
I Petitioners shall dedicate six to seven accts far park land and a trail to
be built by the developers along the south boundary of the RMF 24,
Residential Multi-Family, 24 units per acre property to the City of
Fayetteville prior to development of subject property.
4- Petitioners shall provide Stamm water detention as required 1 ;� the City
of Fayetteville Dramage Criteria Marmal.
Petitioners specifically agree that all such restrictions and terms shall run
with the land and bind all future owners nrdess and until specifically released by
Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed
for record in the Washington County Curuit Clerk's Office after Petitioners'
• .Jul u1 u2 u1 - S2p Tinh Broyles 4704427717 P • 3
96/30/2003 19: 26 479-802 ENGINEERING C� PAGE V
rezoning is effective and Shall be noted on any Final Plat or Large Scale
Developnnent which includes some or all of Petitions property.
1N WrCNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, Tom Broyles and John Ellis, General. Partners
Auwrican College General Part r=ship, as the owners, developers or buyers
(Petitioners) voluntarily offer all such assurances and sign our names below.
7 /I 03 ,l o�ta R
Date Printed Name
#4 Tietdef� C:-eek A.iop
Address ?a R
foMds�s1 � 381 $
5i ture
m: &76
Dat Printed Name
4� 2ycl7/A•4
Address ,� ;
,/
.yr '
r
NOTARY OATH
STATE OF ARKANSAS ►
COUNTY OF WASU NGTON }
And now on this the day of . 2003, appeanad before
and after
being placed upon his/her oath swore or affiraned that he agreed with the terms
of the above Bill of Assurance and signed his name above_
NOTARY PUBLIC
My Commission Expires:
STATE CE TENNESSEE
00M Y of SHELBY
And now on this the 1st day of July, 2003, appeaced before m;,, John R , Ellis,,
and after being placed upon his oath scare or affirmed that he agreed with the
terms ' of the Assurance and signed his name above.
GmUmS
�iNMARY
y PUBLICAr
NOTARYpOBLIC
y LARGE
F�
Y�
0
EXHIBIT "A"
AMERICAN COLLEGE CONSULTAN'T'S
BILL OF ASSURANCE
A part of the NWIA of the SETA of Section 20, T- 16-N, R-30-W, being more
particularly described as follows: From the N.E. corner of the NW 1 /4 of the SETA of
said Section 20, thence N87° 13 '22"W 464.78 feet; thence S02°46'38"W 75 .95 feet to the
center line of a ditch; thence along the center line of said ditch as follows: S13°52'53 "W
157.39 feet; thence S17°38'29"E 138.54 feet; thence S64°04'53 "E 36.47 feet; thence
S0° 11 '38"F. 104.22 feet to the Point of Beginning; thence SO° 11 '38 "E 89.61 feet; thence
S14°47106"E 227.46 feet; thence S30002'E 82. 11 feet to the West right-of-way for
Razorback Road; thence S18°21 ' 12"W 85 . 18 feet; thence leaving said right-of-way for
Razorback Road N80000'W along a creek 160. 53 feet; thence N26°42'27"W 82.42 feet;
thence N871F07W 47.00 feet; thence S43°05 '33 "W 42.72 feet; thence SO4°20'41 "F,
.36.68 feet; thence S30°46'23 "W 95.54 feet; thence S30046'23 "W 43 .82 feet; thence
S42018'32"W 60. 19 feet; thence S0YOO' l7"W 234. 86 Leet to a point on the North line of
Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision
N87009'34"W 220.24 feet to the NW corner of said Subdivision; thence along the East
right-of-way of Ashwood Avenue NO3°26'28 "E 20.00 feet; thence along the North right-
of-way of 18th Street N87033 ' 13 "W 354.43 feet; thence along the East right-of-way of
Arkansas highway 16 Bypass NO2° 11 ' 12"F, 845 .65 feet; thence S85°33 '37"F, 863 . 18 feet
to the Point of Beginning, containing 14.66 acres, more or less, Washington County,
Arkansas.
Also,
A Part of the F, 1 /2 of the NEI /4 of the SWIA of Section 20, Township 16 North, Range
30 West, in the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Beginning at a found 3/4-inch iron pipe at the NE
comer of said NEIA of the SWI /4; Thence S1 °57'44"W 149. 11 feet to a point on the
West right-of-way line for Arkansas Highway 16 Bypass; Thence Southwesterly along
said right-of-way along a 326.50 foot radius curve to the left having a delta angle of
2605610", an arc distance of 153 .50 feet (the long chord of which bears S15°39' 17"W a
distance of 152.09 feet); Thence continuing along said West right-of-way line for
Arkansas Highway 16 Bypass S2° 11 ' 12"W 713 .25 feet to an existing concrete right-of-
way marker; Thence S87°46'57"W 9.64 feet to an existing concrete right-of-way marker;
Thence continuing Southwesterly along said West right-of-way line for Arkansas
Highway 16 Bypass along a 236.50 foot radius curve to the right having a delta angle of
91035' 10". an arc distance of 378.04 feet (the long chord of which bears S48008'49" W a
distance of 339.06 feet); Thence S3 °50'46"W 9.62 feet to a point on the North right-of-
way line for 18th Street; Thence along said North right-of-way for 18th Street
N87010'48"W 374.29 feet to the West line of the E1 /2 of said NEI /4 of the SWI /4 ;
Thence N2°31 ' 15 "I: 1263 .02 feet to the NW comer of said E1 /2 of the NEI /4 of the
SWIA; Thence S86°52'04"E 655.46 feet to the Point of Beginning, containing 17.844
acres, more or less. Subject to all easements and rights-of-way of record.
0
NAME OF FILE: Ordinance No. 4501 wlEx. A & Bill of Assurance
CROSS REFERENCE:
Item # Date Document
1 07/01 /03 Staff Review Form w/attachments
draft ordinance
memo to Mayor/City Council, Tim conklin, Dawn Warrick
memo to Planning Commission
Crafton & Tull letter to Tim Conklin
Fire Marshal's memo to planning division
memo to Hoyt, Bosch, Boettcher, Casey, & Libertini
Close up View
One Mile View
Future Landuse
copy of minutes re: RZN 03-19.00
copy of staff review form placeholder
memo to Mayor/City Council
2 07/19/03 Affidavit of Publication
3 07/18/03 memo to David Whitaker
NOTES :
8/11 /2003 fled with the Washington County Circuit Clerk
STAFF RI: 'TF.W FORM - NON-FINANCIAL , OBLOATION
x AGENDA REQUEST
yl ,' k' x j Q c) �
For the Fayetteville City Council Meeting of : July I , 2003
FROM :
Dawn Warrick Planning CP&1; —7 14� P3
Name Division Department
kLl) 03 — f 9. d
ACTION REQUIRED: Ordinance Approval
SUMMARY EXPLANATION :
RLN 03- 19.00 was submitted by Cralton, Tull & Associates on behalf of 'Tom Broyles for property located
east of Beechwood Avenue and south of 15th Street. 'The property is currently zoned C-2, Thoroughfare
Commercial and R-2, Medium Density Residential and contains approximately 14. 66 acres. The request is to
move the current zoning line to a new configuration with the subject property being rezoned to R-2.
STAFF REC'OMMI;NDATION : Approval . /
),N l J Y��, �� Received in Mayor's Office lyA/A
Div�ion head —� Date
City Att tey Da e
Cross Ref-erence :
Department Director Date
Previous Ord/ResH :
Finance Internal Services Dir. Date Orig. Contract Date:
Orig. Contract Number:
Chief A inistrative Officer Date
/ New Item : Yes No
Mayor Date
C
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION Rl.N 03- 19.00 AS SUBMITTED BY JERRY KELSO ON BEHALF OF
TOM BROYLES FOR PROPERTY LOCATED EAST OF BEECHWOOD
AVENUE SOUTH OF 15"" STREET, MOVING THE CURRENT ZONING LINE
TO A NEW CONFIGURATION WITH THE SUBJECT PROPERTY BEING R-2,
MEDIUM DENSITY RESIDENTIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILI.E, ARKANSAS:
Section l : That the zone classification of the following described
property is hereby changed as follows:
From C-2, Thoroughfare Commercial, to R-2, Medium Density Residential, as
shown in 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 l above.
PASSED AND APPROVED this day of , 2003.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk