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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; :::::::::::::..................................................... - --t ...................................................................... ..I. I.I.................... A _ _- a •4 Overview Legend ,o 8 0mulay DiWO SIMMONS Prindoal Anedal FLOODWAY — Master Sheet Plan ® Mlnw Art w 100YE R — Water Street Plan m , • Wdb —500yF ti Fre ayMVnmvw'ay *e00 Hisbrk Cols —+++« LIMIT OF STUDY L — City 1. N — — - easeLlne Prafile 0 D"""c"yMERZN04-10.00 0 150 300 600 900 1.200 iiiiiiiiiRTTTM Feet w w Overview Legend Boundary Subject Property "te Planning Area Master Street Plan RZN04-70.00 �000 i w0000° p � Overlay District '�,q Freeway/Expressway Streets L _ 1 City Units " r Principal Arterial .-,}\_. Existing Outside City �� Minor Arterial --' �I `i Planned I Collector i -- • %* Historic Collector 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