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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