HomeMy WebLinkAboutOrdinance 4603IINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
BILL OF ASSURANCE
Doc ID: 018653760002 Type: REL
Kind: PROTECTIVE COVENANT
Recorded: 06/24/2019 at 03:20:21 PM
Fee Amt: $20.00 Paqe 1 of 2
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File20 1 9-0001 V 2 (� V 2
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of RZN 04-10.00 (Tipton/Sloan) request for a
zoning consideration, the owner, developer, or buyer of this property, (hereinafter
"Petitioner") SLOAN PROPERTIES, INC., 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 terms of this Bill of Assurance in the Circuit Court of Washington County,
Arkansas and agrees that if the Petitioner or Petitioner's successors or assigns violate any
term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and the City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all 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
real 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 an overall average density of
2.9 houses per acre in Phase IV, Legacy Pointe Sub -Division.
2. Other restrictions including number and type of structures upon the property are
limited to RSF-4 and shall meet or exceed previous phases of Legacy Pointe Subdivision.
3. Petitioner will file separate amended Bill of Assurance and Protective Covenants
for Legacy Pointe Sub -Division to supplement the density restrictions set out herein.
4. 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 and recorded for
record in the Washington County 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, SLOAN PROPERTIES, INC., as the owner, developer or buyer
(Petitioner) voluntarily offers all such assurances and sign the corporation's name
below.
Date:'_.?
Sloan Pro e i , Inc.
By:
Charles W. Sloan, ent
NOTARY OATH
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON )
Now on this the�day of June, 2004, appeared before me, Charles W. Sloan,
President of Sloan Properties, Inc., and after being placed upon his oath swore or affirmed
that he agree with the terms of the above Bill of Assu�aucetand sign his name above.
My Commission Expires:
a 0-0 9 otary P li
M
SEAL". Smithe of Aakansasshin8tonp. o8118I2009
Washington County, AR
I certify this instrument was filed on
06/24/2019 03:20:21 PM
and recorded in Real Estate
File Number 2019-00018262
Kyle Sylveste - ircuit Clerk
by
ORDINANCE NO, 4603
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-10.00 AS SUBMITTED BY
RAYMOND SMITH FOR PROPERTY LOCATED SOUTH OF
WEDINGTON DRIVE AND EAST OF DOUBLE SPRINGS ROAD
ABUTTING THE LEGACY POINTE SUBDIVISION CONTAINING
APPROXIMATELY 29.31 ACRES FROM R-A, RESIDENTIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY,
FOUR UNITS PER ACRE
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 RSF-4, Residential Single -Family, Four
Units Per Acre 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 17'hday of August, 2004.
By:
ATTEST:
APPROVED:
DAN COODY, Mayor
:U�
By:J1ry�»w E ;FAYETTEVILLE�
SONDRA SMITH, City Clerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc it). 007653890002 TVDe
Recorded: 09/09/2004 at 02:28REL
.32 PM
Fee Amt: $11.00 Paae i of 2
Mashlnaton Countv. AR
Bette Stamps Clrcult Clerk
F11e2004-00037312
EXHIBIT "A"
RZN 04-10.00
A PART OF THE NW '/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 31
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID 40 ACRE TRACT, SAID POINT
BEING AN EXISTING IRON PIPE; THENCE S87°39' 18"E, ALONG THE NORTH LINE OF
SAID 40 ACRE TRACT, 989.80 FEET TO A SET''/2" REBAR; THENCE S02°37'05"W, 1289.84
FEET TO AN EXISTING REBAR; THENCE N87°38'05"W 990.30 FEET TO A SET %2 IRON
REBAR ON THE WEST LINE OF SAID 40 ACRE TRACT, SAID POINT BEING N02038305"E,
34.24 FEET NORTH OF THE SW CORNER OF SAID 40 ACRE TRACT; THENCE
N02038125"E, 1289.40 FEET TO THE POINT OF BEGINNING, CONTAINING 29.31 ACRES,
MORE OR LESS.
0
Washington County, AR
I certify this instrument was filed on
09/09/2004 02;2a:32 PM
and recorded in Real Estate
File Number 2004-00037312
Bette Stamp - Circuit Clerk
by
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of RZN 04-10.00 (Tipton/Sloan) request for a
zoning consideration, the owner, developer, or buyer of this property, (hereinafter
"Petitioner") SLOAN PROPERTIES, INC., 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 terms of this Bill of Assurance in the Circuit Court of Washington County,
Arkansas and agrees that if the Petitioner or Petitioner's successors or assigns violate any
term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and the City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all 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
real 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 an overall average density of
2.9 houses per acre in Phase IV, Legacy Pointe Sub -Division.
2. Other restrictions including number and type of structures upon the property are
limited to RSF-4 and shall meet or exceed previous phases of Legacy Pointe Subdivision.
3. Petitioner will file separate amended Bill of Assurance and Protective Covenants
for Legacy Pointe Sub -Division to supplement the density restrictions set out herein.
4. .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 and recorded for
record in the Washington County 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, SLOAN PROPERTIES,
INC., as
the
owner, developer or buyer
(Petitioner) voluntarily offers all such
assurances
and
sign the corporation's name
E
below.
Date:'&4L.Ca
s.
NOTARY OATH
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON )
Now on this the,14 !day of June, 2004, appeared before me, Charles W. Sloan,
President of Sloan Properties, Inc., and after being placed upon his oath swore or affirmed
that he agree with the terms of the above Bill of Assu and sign his name above.
My Commission Expires:
& -Ca —gao 9
"OFFICIAL SEAL
Raymond C. Smith
Notary Public, State of Arkansu
County of Washington
My Commiu'ion Exp. Ogll(!♦ZW9
NAME OF FILE: Ordinance No. 4603
CROSS REFERENCE:
Item # Date Document
1 08/17/04 Ord. 4603 w/Ex. A
2 07/02/04 memo to mayor & city council
3 draft ordinance
4 Staff Review Form
5 memo to Planning Commission
current ownership information & any proposed or pending
6 property sales
7 copy One Mile View
8 copy of Close Up View
9 copy of Future Land Use
10 copy of Bill of Assurance (3)
11 memo to Dawn Warrick
12 Affidavit of Publication
13
14
15
16
17
18
19
20
21 1
22
23
24
25
26
27
28
29
NOTES:
City Council Aing of July 20, 2004
Agenda Item Number
2TJ�
CITY COUNCIL AGENDA MEMO ��\ pton 11�a 6 41
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator NA"
Date: July 2, 2004
Subject: Rezoning request for Tipton/Sloan (RZN 04-10.00)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 29.31 acres
of property from R-A, Residential Agricultural to RSF-4, Residential Single Family — 4
units per acre.
BACKGROUND
The subject property is 29.31 acres located south of Wedington Drive and east of Double
Springs Road and abuts Legacy Pointe Subdivision Phase 2 along the east of the subject
tract. Surrounding properties are zoned RSF-4 and R-A. The Future Land Use Plan
identifies this property as Residential. The subject property is currently vacant. Property
to the east is developed as residential.
The applicant proposes to rezone the 29.31 acre tract in anticipation of development of
the property as an extension of the adjacent residential subdivision. The applicant
proposes to zone the property of RSF-4 and has submitted a Bill of Assurance for City
Council consideration which will limit density to 2.9 units per acre.
DISCUSSION
This item, as well as the accompanying annexation request, was tabled by the Planning
Commission at the request of the applicant on April 26, 2004. On June 28, 2004, the
Planning Commission voted 5-4-0 to forward this rezoning request to the City Council
with a recommendation for approval. Commissioners Anthes, Allen, Clark, and Oster
voted no.
BUDGETIMPACT
None.
`erIV153
sn ��¢ A9446 7/2.d /0 5/
r
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-10.00 AS SUBMITTED BY
RAYMOND SMITH FOR PROPERTY LOCATED SOUTH OF
WEDINGTON DRIVE AND EAST OF DOUBLE SPRINGS ROAD
ABUTTING THE LEGACY POINTE SUBDIVISION
CONTAINING APPROXIMATELY 29.31 ACRES FROMR-A,
RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE.
BE IT ORDAINED BY THE CITY`COUNCILOF,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 RSF-4; Residential Single -Family, Four
Units Per Acre as shown in Exhibit"A" attached hereto and made a part hereof.
Section 2. That the'official�zo,m n ngap oUthe City of Fayetteville,
Arkansas, is hereby amended,toreflectthe zoning change provided in
Sectional above.
PASSED AND APPROVED'this _ day/of , 2004,
APPROVED:
)V By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
r
EXHIBIT "A"
RZN 04-10,00
A PART OF THE NW '/4 OF THE NW %4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE
31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID 40 ACRE
TRACT, SAID POINT BEING AN EXISTING IRON PIPE; THENCE S87°39' 18"E, ALONG
THE NORTH LINE OF SAID 40 ACRE TRACT, 989.80 FEET TO A<SET %z" REBAR;
THENCE S02037'05"W, 1289.84 FEET TO AN EXISTING REBAR; THENCE N87038'05"W
990.30 FEET TO A SET''/2 IRON REBAR ON THE WEST LINE' OF�SAID 40 ACRE TRACT,
SAID POINT BEING N02038505"E, 34.24 FEET NORTH OF TH&SW�CORNER OF SAID 40
ACRE TRACT; THENCE NO2°38'25"E, 1289.40 FEET T,O'THE POINT -'OF BEGINNING,
CONTAINING 29.31 ACRES, MORE OR LESS.
STAFF RE* FORM - NON -FINANCIAL OBLATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: July 20, 2004
FROM:
Dawn Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
RZN 04-10.00: (Tipton/Sloan, pp 475) was submitted by Raymond Smith, Attorney, on behalf of Robert and
Minnie Beth Tipton for property located east of Double Springs Road, adjoining the southeast corner of the
Legacy Pointe subdivision containing approximately 29.31 acres. The request is to rezone the subject property
from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre.
STAFF RECOMMENDATION: Approval.
Divi ion Head
1/del
C ey Date
Department Director Date
Finance & Internal Services Dir. Date
Chie dministrative Officer Date
Mayor % at
Received in Mayor's Office
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of June 28, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: June 23, 2004
RZN 04-10.00: Rezoning (Tipton/Sloan, pp 475) was submitted by Raymond Smith, Attorney,
on behalf of Robert and Minnie Beth Tipton for property located east of Double Springs Road,
Adjoining the SE comer of the Legacy Pointe subdivision. The property is currently zoned R-A,
Residential Agricultural, and contains approximately 29.31 acres. The request is to rezone the
subject property to RSF-4, Residential Single-family, 4 units per acre. Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: June 28, 2004
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: July 20, 2004 (1" reading if recommended)
BACKGROUND: Please reference the associated ANX 04-04.00 staff report for additional
background information.
This item was tabled by the Planning Commission at the request of the applicant at the regular
Planning Commission meeting on April 26, 2004. Public comments were heard at this meeting
regarding this rezoning and accompanying annexation request. Please reference ANX 04-04.00
Tipton/Sloan for the minutes of this meeting.
Property description: The subject property contains approximately 29.31 acres of vacant
property located south of Wedington Drive and east of Double Springs Rd. Persimmon Street,
identified a collector on the Master Street Plan, is planned to bisect the northern portion of this
property and connect with the existing western extension of Persimmon Street through Legacy
Pointe Subdivision Phase 2. The property is adjacent to city limits to the north and a portion of
its western boundary.
Proposal: The applicant's intent is to develop a single family residential subdivision.
Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural,
to RSF-4, Residential Single Family, 4 dwelling units per acre, should the preceding Annexation
request be approved.
Related Issues: When property is annexed into the City, it is annexed as R-A Residential
Agricultural. If the annexation is recommended for approval to City Council, the applicant would
like to rezone the 29.31 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 04-04.00, is an accompanying item to this rezoning request.
Recommendation: Staff recommends approval of the rezoning request based on the findings
included in the staff report. Future development on this site will be regulated by the City to
ensure adequate services, infrastructure, connectivity and consistent development within the
surrounding area.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Vacant
R-A, Residential Agricultural
South
Single-family/Agricultural
Planning Area
East
Vacant/Agri cultural
Planning Area
West
Single-family (Legacy Pointe
RSF-4, Residential Single Family, 4 units/acre
INFRASTRUCTURE:
Streets: The property has frontage along the unconstructed portion of Persimmon. This
roadway will need to be constructed as a part of any development on this site.
Surrounding Master Street Plan Streets:
North: Persimmon St. (planned collector) and Wedington Dr. (principal arterial)
South: Dot Tipton Rd. (collector)
East: 54`h Avenue (planned principal arterial)
West: Double Springs Rd. (minor arterial)
Water: This property has access to an 8" water main stubbed out from Legacy Pointe
Subdivision on the west side of the site. Water mains will need to be extended
within the development.
Sewer: The site currently has access to an 8" sewer main stubbed out from Legacy Pointe
Subdivision on the west side of the site. Sewer will need to be extended within
the development. This property's sewer will flow to the Owl Creek Lift Station.
Fire: The subject property is located 2.9 miles from the future Fire Station #7. Normal
driving time is 4 min. 39 seconds.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density and thereby undesirably increase the
load on police services.
LAND USE PLAN: General Plan 2020 designates the site as Residential. Rezoning this
property to RSF-4 is compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
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: The proposed zoning for a single family residential subdivision is consistent
with the future land use map and existing zoning to the west of the subject
property. Adjacent property to the west (Legacy Pointe Subdivision Phases
1-3) is zoned RSF-4 and developed at 2.6 units per acre. Property to the
north is vacant and within the R-A zoning district.
Rezoning the property to RSF-4 will increase the density, allowing for more
intense residential use of the property and allow for development compatible
to surrounding residential subdivisions. Access and provision of adequate
services must be considered as this site is at the outskirts of the city and
located on streets which need improvement.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. A higher
density than the R-A zoning district allows for development of a subdivision
with density appropriate in this area, and would provide compatibility with
the adjoining and surrounding RSF-4 developments. In order to develop a
residential subdivision on this property in a manner that is consistent with
the future land use plan, a residential zoning district is needed.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The police department has determined the proposed density will not
substantially alter the population density to create an undesirable affect on
services. Access shall be evaluated at the time of development.
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: The proposed zoning would increase population density. The 29.31 acre
tract under an R-A, Residential Agricultural designation would allow for a
maximum of 14 dwelling units (1 per 2 acres). With the proposed RSF-4
designation, 117 dwelling units would be permitted. This increases the
possible number of residential units substantially, but is consistent with land
use and zoning within the City of Fayetteville and developing areas to the
west and east.
Engineering -
This property has access to an
8" water main stubbed
out from Legacy
Pointe Subdivision on the west
side of the site. Water
mains will need to be
extended within the development.
The site currently has access to an 8" sewer main stubbed out from Legacy
Pointe Subdivision on the west side of the site. Sewer will need to be
extended within the development. This property's sewer will flow to the Owl
Creek Lift Station.
The property has frontage along the unconstructed portion of Persimmon.
This roadway will need to be constructed as a part of any development on
this site.
Fire - The subject property is located 2.9 miles from the future Fire Station #7.
Normal driving time is 4 min. 39 seconds.
Police - It is the opinion of the Fayetteville Police Department that this annexation
will not substantially alter the population density and thereby undesirably
increase the load on police services.
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
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful scattering
of development in rural areas; obtain economy of
public funds in the providing of public
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic attractiveness;
and conserve open space-
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured
homes
(2) Conditional uses.
Unit 2
City-wide uses by conditional usepermit
Unit 4
Cultural and recreational facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 36
Wireless communications facilities
C Density.
11 Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
E Setback requirements.
Front
Side
Rear
35
ft.
20 ft.
35
ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a
distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
161.07 District RSF-4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is
designed to permit and encourage the development
of low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
1) Permitted uses.
Unit 1 Cit -wide uses b right
Unit 8 Sin le-famil dwellin
(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 9
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications
facilities
(C) Density.
Single-family
dwellings
Two-family
dwellings
Units per acre
4 or less
7 or
less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellings
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 sq. ft.
12,000 sq. ft.
Land area per
dwelling unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
Front
Side
Rear
25 ft.
Ii 8 ft.
20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed
40% of the total area of such lot.
a
a
CURRENT OWNERSHIP INFORMATION AND
ANY PROPOSED OR PENDING PROPERTY SALES
Assessor's Parcel Number 001 - 11791-000, p/o NW'/e NW'/, Section Fourteen (14) & p/o
SW'/, NE'/., Section Fifteen (15), TI6N, R31W 30.00 acres, more or less. There are no
proposed or pending property sales for this property.
REASON FOR REQUESTED ZONING CHANGE
Parcel Number 001 - 11791-000 is currently zoned A-1 and will be annexed into the City
of Fayetteville and zoned as R-A, It is proposed to re -zone the parcel to RSF-4 for
development into a single family residential subdivision.
LAND DEVELOPMENT
The development of this property is consistent with the land use of the residential areas
surrounding the proposed development with slight increase in vehicle traffic.
WATER/SEWER ACCESS
Access to an 8"
water
line and an
8" sewer line is available from nearby Persimmon
Street of Legacy
Pointe
Subdivision,
Phase U..
DEGREE TO WHICH THE PROPOSED ZONING IS CONSISTENT
WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES AND LAND
USE AND ZONING PLANS
The proposed zoning is consistent with land use planning objectives, principles, and
policies and with land use and zoning plans.
WHETHER THE PROPOSED ZONING IS JUSTIFIED AND/OR
NEEDED AT THE TIME THE REZONING IS PROPOSED
The proposed rezoning is justified at this time in that it is in keeping with the policies and
adopted plans of the City of Fayetteville. Zoning this property as RSF-4 is consistent
with surrounding subdivision.
WHETHER THE PROPOSED ZONING WOULD CREATE OR
APPRECIABLY INCREASE TRAFFIC DANGER AND CONGESTION
The proposed zoning will not create or appreciably increase traffic danger and congestion.
WHETHER THE PROPOSED ZONING WOULD ALTER THE
POPULATION DENSITY AND THEREBY UNDESIRABLY INCREASE
THE LOAD ON PUBLIC SERVICES INCLUDING SCHOOLS, WATER,
AND SEWER FACILITIES
This increase is not expected to undesirably increase the load on public services including
schools, water and sewer facilities. Improvements planned to the Fayetteville overall
wastewater treatment system and the coming on line of the new wastewater treatment
facility on the western side of Fayetteville should adequately provide services to the sub-
division.
WOULD IT BE IMPRACTICAL TO USE THE LAND FOR ANY OF THE
USES PERMITTED UNDER ITS EXISTING ZONING
CLASSIFICATION
This property is presently in the county but within the Fayetteville Growth Area. It would
be impractical to maintain the A-1 or R-A zoning since it would be inconsistent with the
surrounding areas already zoned as residential subdivisions,
w
RZN04-10.00
Close Up View
ti
R-A.
if
l i
TIPTON/SLOAN
IN
I
i
. I
R-A e
I I
I ® �
RSF-4
I SUBJECT PROPERTY;
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Subject Property
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0 175 350 700 1,050 1,400
MMMM Feet
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of RZN 04-10.00 (Tipton/Sloan) request for a
zoning consideration, the owner, developer, or buyer of this property, (hereinafter
"Petitioner") SLOAN PROPERTIES, INC., 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 terms of this Bill of Assurance in the Circuit Court of Washington County,
Arkansas and agrees that if the Petitioner or Petitioner's successors or assigns violate any
term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and the City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all 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
real 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 an overall average density of
2.9 houses per acre in Phase IV, Legacy Pointe Sub -Division.
2. Other restrictions including number and type of structures upon the property are
limited to RSF-4 and shall meet or exceed previous phases of Legacy Pointe Subdivision.
3. Petitioner will file separate amended Bill of Assurance and Protective Covenants
for Legacy Pointe Sub -Division to supplement the density restrictions set out herein.
4. .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 and recorded for
record in the Washington County 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, SLOAN PROPERTIES, INC., as the owner, developer or buyer
(Petitioner) voluntarily offers all such assurances and sign the corporation's name
below.
Date:✓LGN.C_a j adtmu
N
, SM-A
I a Kwh6r);
EI!
NOTARY OATH
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON )
Now on this theg4�day of June, 2004, appeared before me, Charles W. Sloan,
President of Sloan Properties, Inc., and after being placed upon his oath swore or affirmed
that he agree with the terms of the above Bill of Asst and sign his name above.
My Commission Expires:
& ,ca - gao 9
„OFFICIAL SEAL"
Raymond C. Smith
Notary Public, S[me of Ark=¢
County of Wmhin o
My Commission XP.
f
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of RZN 04-10.00 (Tipton/Sloan) request for a
zoning consideration, the owner, developer, or buyer of this property, (hereinafter
"Petitioner") SLOAN PROPERTIES, INC., 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 terms of this Bill of Assurance in the Circuit Court of Washington County,
Arkansas and agrees that if the Petitioner or Petitioner's successors or assigns violate any
term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and the City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all 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
real 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 an overall average density of
2.9 houses per acre in Phase IV, Legacy Pointe Sub -Division.
2. Other restrictions including number and type of structures upon the property are
limited to RSF-4 and shall meet or exceed previous phases of Legacy Pointe Subdivision.
3. Petitioner will file separate amended Bill of Assurance and Protective Covenants
for Legacy Pointe Sub -Division to supplement the density restrictions set out herein.
4. .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 and recorded for
record in the Washington County 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, SLOAN PROPERTIES,
INC., as
the
owner, developer or buyer
(Petitioner) voluntarily offers all such
assurances
and
sign the corporation's name
l:!7row
Date:�_a�u
NOTARY OATH
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON )
K� M I.
awbl'T
Now on this the�day of June, 2004, appeared before me, Charles W. Sloan,
President of Sloan Properties, Inc., and after being placed upon his oath swore or affirmed
that he agree with the terms of the above Bill of Ass�and sign his name above.
My Commission Expires:
& 1Ca -qad
"OFFICIAL SEAL"
Raymond C- Smfth
Notary Public, State of Arkansas
County of Wmtu nl 0
My Commission F_xp.
FAYETTOILLE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-PearmanW
City Clerk Division
Date: August 23, 2004
Re: Ordinance No. 4603
Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, approving the
rezoning petition RZN 04-10.00, located south Wedington Drive and east of Double Springs Road abutting
Legacy Pointe Subdivision containing 29.31 acres.
This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please
let the clerk's office know.
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
PA I ON MAVr �. L
.` I •�P �- 'r SPA �
AFFIA DIT OF PUBLICATION
I, , do solemnly swear that I am
Le al Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
was inserted in the regular editions on
" Publication Charge: $ znIr S.?
Subscribed and sworn to before me this
a4 day of Ly 2004.
_ — ORDINANCE N�T.
AN ORDINANCE REZONINGG THAT PROPERTY
DESCNotary Public SUBMRT EDIBED IBV RAYMONDN REZONING P $MR FOR AS
PROPERTY LOCATED SOUTH OF WEDINGTON DRIVE AND EAST OF
DOUBLE SPRINGS ROAD ABUTTING THE LEGACY ARKANSAS
/ ) POINTE SUBDIVISION CONTAINING APPROXIMATELY
My Commission Expires: 07/45-POII 29.31 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY,
FOUR UNITS PER ACRE
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission Expires 07-25.2073
IT ORDAINED BY TNe CT' COUNCIL OF TUB CRY OF FAYHTTe111LLE, ARKANSAS:
Jan 1: That the zone dassrficaton of Ile folw.4g descdbod property Is Hereby dwVW as fdbws:
n R-A. Ros<Wted AWbAual, to RSF4, ReslCenaal Single-Fanft Far UNts Per Aca as d In
Wt'A' alladvd hereto and rreee a pert haeol.
I GOODY, "m
EST.
IDEA eMRN, CRY CI«t
AT OF THE NW 1/4 OF THE
JHINGTON COUNTY. ARKAI
INNING AT THE NW COPING
':: THENCE S87039'1 WE, ALC
120 RFBAR; THENCE S(
'38'05' 990.30 FEET TO A'
) POINT BEING NO2°38'05-E,
NCE NO2'38'25'E, 1289.40
iE OR LESS.
D0 IBfr •A'
RRZN 04-10.00
TO THE POINT OF BEGINNING, CONTAINING 29.31
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700