HomeMy WebLinkAboutOrdinance 4697 ORDINANCE NO. 4697
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1409 FOR PROPERTY
LOCATED AT 1841 LEVERETT AVENUE CONTAINING
APPROXIMATELY 1 .43 ACRES FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE, TO RMF-24,
RESIDENTIAL MULTI-FAMILY — 24 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 RSF-4, Residential Single Family, four units per acre,
to RMF-24, Residential Multi-family, twenty-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 3rd day of May 2005 .
�p�aunurrrrr APPROVED:
\Z Y O,c'SGP
C-) : 0 �0'_ By: Al!vyo
c_ ; FAYETTEVILLE ; ? DAN COODY, Mayor
ATTEST: �'�,9sy:PkANSP�J�$1
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By: ;
SO RA SMITH, City Clerk
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID : 008612700005 TVDe : REL
Recorded : 06/20/2005 at 02 : 28 : 58 PM
Fee Amt : $20 . 00 Pace 1 of 5
Mashlnoton county . AR
Bette 8tamos circuit clerk
FIIe2005 -00026487
EXHIBIT "A"
RZN 05-1409
A PART OF EVIN'S FARM ADDITION TO THE CITY OF FAYETTEVILLE, BEING
PART OF THE SOUTWEST '/< OF THE SOUTHWEST /40F SECTION 4, TOWNSHIP
16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTEAST CORNER OF SAID SW 1 /4 OF THE SW 1/4;
THENCE NORTH 953 .00 FEET; THENCE WEST 35 .00 FEET TO THE POINT OF
BEGINNING; THENCE N87017'22"W 360.73 FEET; THENCE NO2°42'38"E 145.00
FEET; THENCE S87° 17'22"E 213.86 FEET; THENCE NO2°42 '38"E 71 .00 FEET;
THENCE S87017 '22"E 144.00 FEET; THENCE S01056' 57"W 216.02 FEET TO THE
POINT OF BEGINNING, CONTAINING 1 .43 ACRES, MORE OR LESS, BEING
SUBJECT TO THE RIGHT-OF-WAY OF LEVERETT AVENUE ALONG THE EAST
SIDE THEREOF, AND ALSO BEING SUBJECT TO ANY EASEMENTS, COVENANTS
OR RESTRICTIONS OF RECORD OR FACT.
ouw
Bill of Assurance
Page 7
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning
reclassification, the owner(s), developer, or buyer of this property, (hereinafter
"Petitioners")SCB Investments, LLC hereby voluntarily offer this Bill of
Assurance and enter into this binding agreement and contract with the City of
Fayetteville, Arkansas.
The Petitioners expressly grant to the City of Fayetteville the right to
enforce any and all of the terms 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, substantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas, The Petitioners acknowledge that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonably rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioners' rezoning request.
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.
1 . The use of Petitioners' property described in Exhibit " A" attached
hereto shall be limited to multi-family use.
2. There will be a landscaping screening that will serve as a buffer
between our development and the single family homes that border our
development. Even though the zoning for our development will allow 24
units per acre, our development will consist of a maximum of 32 total
units which will be 22.38 units per acre. The buildings that we will
construct will very closely resemble the elevations presented to the City
Council on May 3, 2005
3. Petitioners specifically agree that all such restrictions and terms s a
run with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council. This Bill of
Assurance shall be filed for record in the Washington County Circuit
Clerk's Office after Petitioners' rezoning is effective and shall be noted on
any Final Plat or Large Scale Development which includes some or all of
Petitioners' property.
• Bill of Assurance • •
Page 2
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, SCB Investments, LLC , as the owners, developers
or buyers (Petitioners) voluntarily offer all such assurances and sign our names
below.
S-3—off � elz &
Date Printed Name
f�x 3
Addresis
Signature
Date Printed Name
Address
Signature
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
Z.00r
And now on this the 3A/ day of IK" 49@4, appeared before
me, SCB Investments, LLC, and after being pla d upon his/ her oath swore or
affirmed that he agreed with the terms of the above Bill of Assurance and signed
his name above.
N ARYPUBLIC
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• Bill of Assumnce • •
Page 3
EXHIBIT "A„
RZN 04-
SURVEY DESCRIPTION :
A PART OF EVIN'S FARM ADDITION TO THE CITY OF FAYETTEVILLE, BEING
PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SW1/4 OF THE SW1/4;
THENCE NORTH 953 .00 FEET; THENCE WEST 35 .00 FEET TO THE POINT OF
BEGINNING; THENCE N87117'22"W 360 . 73 FEET; THENCE NO2042'38"E 145.00
FEET; THENCE S87017'22"E 213.86 FEET; THENCE NO2142'38"E 71 .00 FEET;
THENCE S8701722"E 144.00 FEET; THENCE SO1156'57"W 216.02 FEET TO THE
POINT OF BEGINNING, CONTAINING 1 .43 ACRES, MORE OR LESS, BEING
SUBJECT TO THE RIGHT-OF-WAY OF LEVERETT AVENUE ALONG THE EAST
SIDE THEREOF, AND ALSO BEING SUBJECT TO ANY EASEMENTS, COVENANTS
OR RESTRICTIONS OF RECORD OR FACT.
Washington County, AR
1 ceitify this instru 59 PM s filed on
0612012005 02:29:
and recorded in Real Estate
File Number 2005-00026487 lerk
Bette StamP.s
by
City Council Ang of April 19, 2005
Agenda Item Number yb 97
CITY COUNCIL AGENDA MEMO 9A tMV41S1/ S
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: March 28, 2005
Subject: Rezoning for SCB Investments (RZN 05- 1409)
RECOMMENDATION
The Planning Commission voted to recommend the subject rezoning request to rezone
approximately 1 .43 acres of property from RSF-4, Residential Single Family — 4 units per
acre, to RMF-24, Residential Multi-Family — 24 units per acre.
BACKGROUND
Property: The subject property is located near the southwest corner of Leverett Avenue
and Melmar Drive, and is owned by SBC Investments. The former owners were those
owners/operators of the adjacent Maria H apartment complex who, in April 2004,
requested to rezone 1 .89 acres, comprising the subject property, to RMF-24. The request
was tabled, however, and no further action was taken to rezone the property until this
time. The 1 .43-acre property is currently comprised of an older single family home and
large yard, remnants of a larger farm which once existing in the area. Surrounding
properties are all multi-family in zoning and land use, with the exception of to the south,
where an established, older single family residential subdivision is situated. Maria H
apartments border the property to the west and north, with additional multi-family
development proposed on this property.
Proposal: The developer intends to develop multi-family units on this property, uses not
permitted in the RSF-4 zoning designation. The shape of the property, a remnant parcel
of surrounding development, may make subdivision of the property into single family
lots impractical. The proposed zoning allows for a maximum density of 24 units per acre,
resulting in a maximum potential of 34 dwelling units.
Request: The request is to rezone the property RMF-24, Residential Multi-family, 24
units per acre.
DISCUSSION
This item was heard at the regular Planning Commission on March 28, 2005. No public
comment was received. The Planning Commission voted 9-0-0 to forward this item to the
City Council with a recommend in favor of the rezoning request to RMF-24, Residential
Multi-Family — 24 units per acre.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1409 FOR PROPERTY
LOCATED AT 1841 LEVERETT AVENUE CONTAINING
APPROXIMATELY 1 .43 ACRES FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE, TO RMF-24,
RESIDENTIAL MULTI-FAMILY — 24 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 RSF-4, Residential Single Family, four-units per acre, ,to RMF-24,
Residential Multi-family, twenty-four iYults,per acre, as shown in Exhibit "A"
attached hereto and made a part hereof.
Section 2. .That the�offcial zoning mappUthe City of Fayetteville,
Arkansas, is hereby%amende�d4o reflect the zoning change provided in
Section 1 above.
'1
PASSED AND APPROVED this day of , 2005.
APPROVED:
By.
C ` DAN COODY, Mayor
ATTEST: �\
f.f
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZIN 05-1409
A PART OF EVIN ' S FARM ADDITION TO THE CITY OF FAYETTEVILLE, BEING
PART OF THE SOUTWEST %4 OF THE SOUTHWEST %A OF SECTION 4, TOWNSHIP
16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTEAST CORNER OF SAID SW 1 /4 OF THE SW 1 /4;
THENCE NORTH 953 .00 FEET; THENCE WEST 35.00 FEET TO THE POINT OF
BEGINNING; THENCE N87° 17' 22"W 360.73 FEET; THENCE NO2042138"E 145.00
FEET; THENCE S87° 17'22"E 213.86 FEET; THENCE NO20421,38"E 71 .00 FEET;
THENCE S8701T22"E 144.00 FEET; THENCE S01°56' 57"W 216.02• FEET TO THE
POINT OF BEGINNING, CONTAINING 1 .43ACRES, MORE OR-L'LESS, BEING
SUBJECT TO THE RIGHT-OF-WAY OF LEVERETT AVENUE ALONG THE EAST
SIDE THEREOF, AND ALSO BEING SUBJECTTO ANY EASEMENTS, COVENANTS
OR RESTRICTIONS OF RECORD OR FACT. �
r ,
v
PC Meeting of March 28 2005
Q ARKANSAS
THE CITY OF FAYETTEV[LLE, ARKANSAS 125 W. Mountain St.Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 23, 2005
RZN 05-1409: (SCB INVESTMENTS, LLC, 366): Submitted by N. ARTHUR SCOTT for
property located at 1841 LEVERETT AVENUE. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 1 .43 acres_ The request is to rezone the
subject property to RMF-24, Residential Multi-family, 24 units/acre.
Property Owner: SCB INVESTMENTS, LLC Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION .ACTION: Required YES
.�4 Approved O Denied
Date: March 28, 2005 3vta1 ,A JCX1 -'_ I -b - O
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: April 19,2 05 (1St reading if recommended)
BACKGROUND:
Property: The subject property is located near the southwest comer of Leverett Avenue and
Melmar Drive, and is owned by SBC Investments. The former owners were those
owners/operators of the adjacent Maria H apartment complex who, in April 2004, requested to
rezone 1 .89 acres, comprising the subject property, to RMF-24. The request was tabled,
however, and no further action was taken to rezone the property until this time. The 1 .43-acre
property is currently comprised of an older single family home and large yard, remnants of a
larger farm which once existing in the area. Surrounding properties are all multifamily in zoning
and land use, with the exception of to the south, where an established, older single family
residential subdivision is situated. Maria H apartments border the property to the west and north,
with additional multi-family development proposed on this property.
K:tReportsp0051PC Reporu103-28-OMN 05-1409 (SCBlnvestmenu).do
Proposal: The developer intends to develop multi-family units on this property, uses not permitted
in the RSF-4 zoning designation. The shape of the property, a remnant parcel of surrounding
development, may make subdivision of the property into single family lots impractical. The proposed
zoning allows for a maximum density of 24 units per acre, resulting in a maximum potential of 34
dwelling units.
Request: The request is to rezone the property RMF-24, Residential Multi-family, 24 units per acre.
Recommendation: Staff recommends approval of the rezoning request based on findings stated
herein. The development of this property will be consistent of that to the north.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Maria H apartment complex RMF-24, Res. Multifamily, 24 DU/acre
South Single family homes RSF-4, Res. Single Family, 4 DU/acre
East Multifamily apartments RMF-24, Res. Multifamily, 24 DU/acre
West Maria H apartment complex RMF-24, Res. Multifamily, 24 DU/acre
INFRASTRUCTURE:
Streets: Currently the site has access to Leverett Avenue. At the time of development, this
street will need to be brought up to current standards along the property frontage.
These improvements may include right-of-way dedication, pavement, curb and
gutter, storm drainage and sidewalks.
Surrounding Master Street Plan Streets:
North: Melmar (Local)
South: Belclaire (Local)
East: Leverett Ave. (Collector)
Water: The property currently has access to a 6" water line along Leverett Avenue. An
extension of the water main may be required to provide water supply and fire
protection within any development on this property. The main may also have to
be looped to the north to connect with the 6" line along Melmar Drive to provide
dual feed for the development.
Sewer: The site currently does have access to sanitary sewer. A capacity analysis of the
sewer lines and/or lift stations downstream of the connection point shall be
conducted prior to development.
Fire: The subject property is located 1 . 1 miles from the Fire Station #2. Normal driving
time is 2 min. 28 seconds. From Fire Station #4, the property is 2.9 miles, a
driving time of 5 minutes and 40 seconds. Water supply with fire hydrants will be
necessary for this property to develop.
K:IRepornld0051PC Repores103-28-051RU 05-/409 (SCB/nwstmenu).doc
0 0
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density nor will it create an undesirable increase
on police services.
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Residential. Rezoning this property to RMF-24 is consistent with the land use plan and is
compatible with surrounding multifamily land use.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning for a multifamily residential land use is compatible
with adjacent and nearby multifamily dwellings already existing. An existing,
fully developed single family neighborhood exists directly south of this
property and the adjacent developed Maria H apartment property.
Appropriate measures should be taken at the time of development to
adequately transition the development of higher density dwelling units
adjacent to a lower density. The General Plan designates this area for
Residential land use, which is compatible with the proposed RMF-24 zoning.
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. The rezoning is
needed for the development of a multifamily project as proposed by the
applicant. A multi-family residential development could not be developed on
this site with the existing RSF-4 zoning in place. The applicant proposes to
develop multi-family units in this location.
3. A determination as to whether the.proposed zoning would create or appreciably increase
traffic danger and congestion. .
Finding: Though a small property, the proposed zoning will potentially create
additional traffic on Leverett Avenue and Melmar Drive, The Fayetteville
Police Department contends that this rezoning will not create an appreciable
increase in traffic danger and congestion in this area.
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.
KAeports120051PC Repons103-28-05VtZN05-1409 (SC81nest ents).doc