HomeMy WebLinkAboutOrdinance 4739KZn/ e)5- /56 d
•
U7�
Bill of Assurance
Page 1
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") RF-SEgyE LLe- hereby voluntarily offer this Bill of
Assurance and enter into this binding agreement and contract with the City of
a M
Fayetteville, Arkansas.
N (D
W N
W N
The Petitioners expressly grant to the City of Fayetteville the right to
cc
00
enforce any and all of the terms of this Bill of Assurance in the Chancery/
>a *'0 U O
F -Z 0.
Circuit Court of Washington County and agrees that if Petitioners or Petitioners'
4
o>, cl
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
OUO. -,O
irreparable damage justifying injunctive relief has been done to the citizensmmm
f�W\ +•U
n'�o
l7> 0 L
F\ 7
00*)
and City of Fayetteville, Arkansas. The Petitioners acknowledge that the
W00LOU F+
W uJOM d
Fayetteville Planning Commission and the Fayetteville City Council will
00 P, O
�� ••.�
a w++ a>
reasonably rely upon all of the terms and conditions within this Bill of
o � C\1
'" o a -'
�o cw m
D
Assurance in considering whether to approve Petitioners' rezoning request.
O Y M LL 3 Y LL
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 those uses permitted by right and by conditional
use in the C-2 zoning district, with the exception of the following:
Permitted Uses to be excluded:
a. Unit 20: Commercial recreation, large sites
b. Unit 33: Adult live entertainment club or bar
Conditional Uses to be excluded:
a. Unit 21: Warehousing and wholesale
b. Unit 28: Center for collecting recyclable materials
c. Unit 32: Sexually oriented business
d. Unit 36: Wireless communications facilities
2. Further, the use of the petitioner's property described in Exhibit "A"
attached hereto shall exclude the following uses in the Use Unit 17
designation:
Buses, Manufactured home sales, Used car lots, farm supplies and
equipment and repair, auctioneer, cabinetmaker, tattoo services,
taxidermist, tool sharpening repair service and motor repair.
ofd qq!A
BM of Assurance
Page 2
3. The use of the Petitioner's property described in Exhibit "A" attached
hereto shall exclude the following specific uses in the Use Unit 19
designation:
Bowling alley, slot car track, skating rink.
4. Petitioners specifically agree 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 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.
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, Res luws LLC.. ' as the owners,
developers or buyers (Petitioners) voluntarily offer all such assurances and sign
our names below.
,6 d�r
Date
2(( Mt-*60uj
AddressIQ'''s
Date
Address
Printed Name
Signature
Printed Name
Signature
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON }
Djd Ogyl
Bill of Assurance
Page 3
And now on this the (,.(- day of 2005, appeared before
me, )a rn l -e -T�l/V1.7 la and after
being placed upon his/her oath swore or affirmed that he agreed with the terms
of the above Bill of Assurance and signed his name above.
Q 12 W k J-,., V 0 h, I I
a
PC1
OTARY PUBLIC
My Commission Expires: � 11
20) 5
Ord 4g3q
Bill of Assurance
Page 4
EXHIBIT "A"
RZN 05-1560
(INSERT LEGAL DESCRIPTION OF PROPERTY AFFECTED BY BILL OF
ASSURANCE)
SURVEY DESCRIPTION : PARCEL "A-1" (C-2 ZONING)
PART OF THE FRACTIONAL NE1/4 OF THE NW1/4 OF SECTION 18 IN TOWNSHIP 16
NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY FOR PERSIMMON STREET
THAT IS S02°08'03"W 59.89 FEET FROM THE NORTHWEST CORNER OF SAID 40 ACRE
TRACT; THENCE ALONG SAID RIGHT-OF-WAY LINE S87°01'21"E 943.56 FEET TO THE
WEST RIGHT-OF-WAY FOR INTERSTATE 540 (1-540); THENCE ALONG SAID WEST
RIGHT-OF-WAY THE FOLLOWING TWO COURSES:
THENCE S03°34'27"E 234.65 FEET; THENCE S10°24'46"E 417.06 FEET; THENCE LEAVING
SAID WEST RIGHT-OF-WAY N86°54'54"W 1068.85 FEET; THENCE NO3°03'50"E 636.82
FEET; THENCE S87°34'55"E 0.97 FEET TO THE POINT OF BEGINNING, CONTAINING
14.60 ACRES, MORE OR LESS.
ALL BEARINGS ARE BASED ON THE CITY OF FAYETTEVILLE STATE PLANE
COORDINATES.
G:\041053-00\sur\desc\ZONING desc\Parcel A-1 C-2.doc
Washington County, AR
I certify this instrument was filed on
06/24/2019 03:22:22 PM
and recorded in Real Estate
File Number 2019-00018263
Kyle Sylvester - Cirguit Clerk
by
i
i
ORDINANCE NO. 4739
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 054560
(MOUNTAIN RANCH A- 1 ) FOR APPROXIMATELY 14.60
ACRES LOCATED SOUTH OF PERSIMMON STREET AND
WEST OF SHILOH DRIVE FROM R-A, RESIDENTIAL
AGRICULTURAL TO C-2, THOROUGHFARE COMMERCIAL
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 C-2, Thoroughfare
Commercial, as shown on Exhibit "A" attached hereto and made a
part hereof.
Section 2 : That the rezoning is subject to the Bill of Assurance offered by the applicant
and shown as Exhibit "B" attached hereto and made a part hereof.
Section 3 : 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 19th day of July, 2005.
"""""""'• APPROVED:
NN . Wolfe
; FAYETTEVILLE :
�tL.• ' ' ; By:
okz
%9s '9RKANSpI* DAN GOODY, Mayor
�'%flf TOtt �C`` �```,:
ATTEST:
By: � �.0(2� /yuttf. � II��IIII�II�I�III�IIII��II�IIIII��II�IIIII�I�IIIIIIII��IIIIIII��IIII�II�II�III�I
SONDRA SMITH, City Clerk
Doc ID : 009084870002 Tvpe : REL
Recorded : 09/06/2005 at 09 : 57 : 40 AM
Fee Amt : $11 . 00 Pace 1 of 2
Mashlnoton Countv . AR
Bette Stamps Circuit Clerk
File2005-00039238
EXHIBIT "A"
RZN 05-1560
SURVEY DESCRIPTION: PARCEL "A- 1 " (C-2 ZONING)
PART OF THE FRACTIONAL NEI /4 OF THE NW1 /4 OF SECTION 18 IN TOWNSHIP 16
NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY FOR PERSIMMON STREET
THAT IS S02008903"W 59.89 FEET FROM THE NORTHWEST CORNER OF SAID 40
ACRE TRACT; THENCE ALONG SAID RIGHT-OF-WAY LINE S87°01 '21 "E 943 .56 FEET
TO THE WEST RIGHT-OF-WAY FOR INTERSTATE 540 ( 1 -540); THENCE ALONG SAID
WEST RIGHT-OF-WAY THE FOLLOWING TWO COURSES:
THENCE S03034'27E 234.65 FEET; THENCE SIO°24'46"E 417.06 FEET; THENCE
LEAVING SAID WEST RIGHT-OF-WAY N86054' 54"W 1068.85 FEET; THENCE
NO3003150"E 636.82 FEET; THENCE S87034' 55"E 0.97 FEET TO THE POINT OF
BEGINNING, CONTAINING 14.60 ACRES, MORE OR LESS.
ALL BEARINGS ARE BASED ON THE CITY OF FAYETTEVILLE STATE PLANE
COORDINATES.
Washington County, AR
I certify this instrument was filed on
09/08/2005 09:57:40 AM
and recorded in Real Estate
File Number 2005-00039238
Bette Stamps - Circuit Cl r
by
�ZN a5- /56 D
Bill ofAssumnw •
Page I
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") J3E5EjtyE LLCC 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' rezonirgis
approved by the Fayetteville City Council.
1 . The use of Petitioners' property described in Exhibit " A" attached
hereto shall be limited to those uses permitted by right and by conditional
use in the C-2 zoning district, with the exception of the following:
Permitted Uses to be excluded:
a. Unit 20: Commercial recreation, large sites
b. Unit 33: Adult live entertainment club or bar
Conditional Uses to be excluded:
a. Unit 21: Warehousing and wholesale
b. Unit 28: Center for collecting recyclable materials
c. Unit 32: Sexually oriented business
d. Unit 36: Wireless communications facilities
2. Further, the use of the petitioner's property described in Exhibit "A"
attached hereto shall exclude the following uses in the Use Unit 17
designation:
Buses, Manufactured home sales, Used car lots, farm supplies and
equipment and repair, auctioneer, cabinetmaker, tattoo services,
taxidermist, tool sharpening repair service and motor repair.
Bib of Assamnm
Page 2
3. The use of the Petitioner's property described in Exhibit "A" attached
hereto shall exclude the following specific uses in the Use Unit 19
designation:
Bowling alley, slot car track, skating rink.
4. Petitioners specifically agree 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 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.
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, REsems 11G . , as the owners,
developers or buyers (Petitioners) voluntarily offer all such assurances and sign
our names below.
Date Printed Name
2 (f rvlE�R � S �
Address
1C�
Signature
Date Printed Name
Address
Signature
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
Bi(( of Assurance
Page 3
And now on this the Lk day of 2005, appeared before
me, le - and after
being placed upon his/her oath swore or affirmed that he agreed with the terms
of the above Bill of Assurance and signed his name above.
hl
*OTARY PUBLIC
My Commission Expires: -
0 ) 5
6lz�
City Council (feting of July 19, 2005 y731c
Agenda Item Numb r r
7
CITY COUNCIL AGENDA MEMO '7wV wk_
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: June 30, 2005
Subject: Rezoning for Mountain Ranch (RZN 05- 1560)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 14.60 acres
of property from R-A, Residential-Agricultural, to C-2, Thoroughfare Commercial,
subject to a Bill of Assurance offered by the applicant on the subject property.
BACKGROUND
The subject property contains approximately 14.60 acres, located at the southwest
intersection of Shiloh Drive and Persimmon Street, west of I-540. Both of the adjacent
Collector streets are improved streets at this time.
The Future Land Use Plan designates this entire site for Residential use. The majority of
rezoning requests for the Mountain Ranch project is consistent with the land use plan for
future residential uses and is compatible with surrounding properties that are developed
residentially or commercially. While the commercial zoning requests near Persimmon
and Shiloh are not necessarily consistent with the Future Land Use Plan, staff finds that
the significant changes in character of this area of the city in the past 3-5 years warrants a
small commercial node to allow for commercial services within close walking or driving
distance of developing residential areas.
The applicant proposed a rezoning of the subject property to facilitate the future
development of a supporting commercial area for planned residential growth. The request
is to rezone the subject property from R-A, Residential Agricultural, to C-2,
Thoroughfare Commercial. Staff originally had reservations about the request, and met
with the applicant to address these concerns. Following, a Bill of Assurance was offered
by the applicant to restrict some of the more potentially objectionable uses found in a C-2
zoning district.
DISCUSSION
This item was heard at the regular Planning Commission on June 27, 2005. The Planning
Commission voted 9-0-0 to forward this item to the City Council with a recommendation
in favor of the rezoning, with clarifications to the Bill of Assurance being offered.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1560 (MOUNTAIN RANCH A- 1 )
FOR APPROXIMATELY 14.60 ACRES LOCATED SOUTH OF
PERSIMMON STREET AND WEST OF SHILOH DRIVE FROM R-A,
RESIDENTIAL AGRICULTURAL TO C-2, THOROUGHFARE
COMMERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OVTHE CITY OF
FAYETTEVILLE, ARKANSAS:
z
Section 1 : That the zone classification of the�followmg described property is
hereby changed as follows: "
From R-A, Residential Agricul uralao C-2, Tfioroughfaze Commercial, as
shown on Exhibit "A" attached herein and shade a part hereof
Section 2: That the rezoning is subject to the Bill'of Assurance offered by the
applicant and shown as Exhibit `B" attached hereto and made, a part hereof.
Section 3 : That the official zoniw ap of the City of Fayetteville, Arkansas is
hereby amended to reflect tl zoning change"provided iw'Section 1 above.
PASSEDand�APPROVED this t day of 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST.
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1560
SURVEY DESCRIPTION: PARCEL "A- 1 " (C-2 ZONING)
PART OF THE FRACTIONAL NEIA OF THE NWI /4 OF SECTION 18 IN
TOWNSHIP 16 NORTH OF RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
is
f�:
BEGINNING ATA POINT ON THE SOUTH RIGHT-OF WAY OR PERSIMMON
STREET THAT IS S02008103"W 59.89 FEET FROM vM THE NORTHWEST CORNER
OF SAID 40 ACRE TRACT; THENCE ALONGlSAID RIGHT-OF WLINE
S87°01 '21 "E 943 .56 FEET TO THE WEST RIGHA�Y
T-OF-WAY FOR INTERSTXr TE 540
( 1 -540); THENCE ALONG SAID WEST RIGHT OF WAV4,HE FOLLOWING TWO
COURSES :
THENCE S03034'27"E 234.65 FEET THENCE SI0°247.46"E 417.06 FEET; THENCE
LEAVING SAID WEST RIGHT-OF-WANKN86°54' 54"W 1068.85 FEET- THENCE
NO3003 ' 50"E 636. 82 FEET; THENCE S87°3, Y55 0.97 FEET TO THE POINT OF
BEGINNING, CONTAINING 14.60 ACRES, MORE„OR LESS.
ALL BEARINGS ARE6,B ED ON THE CITY OF FAY TTEVILLE STATE PLANE
COORDINATES
uti
wl
Bill ofAssumnre - • •
Page 4
EXHIBIT "A"
RZN 05-1560
(INSERT LEGAL DESCRIPTION OF PROPERTY AFFECTED BY BILL OF
ASSURANCE)
SURVEY DESCRIPTION : PARCEL 4A-1 " (C-2 ZONING)
PART OF THE FRACTIONAL NE1 /4 OF THE NW1 /4 OF SECTION 18 IN TOWNSHIP 16
NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY FOR PERSIMMON STREET
THAT IS S02008'03"W 59.89 FEET FROM THE NORTHWEST CORNER OF SAID 40 ACRE
TRACT; THENCE ALONG SAID RIGHT-OF-WAY LINE S87°01 '21 "E 943.56 FEET TO THE
WEST RIGHT-OF-WAY FOR INTERSTATE 540 (1-540); THENCE ALONG SAID WEST
RIGHT-OF-WAY THE FOLLOWING TWO COURSES:
THENCE S03034327"E 234.65 FEET; THENCE S10°24'46"E 417.06 FEET; THENCE LEAVING
SAID WEST RIGHT-OF-WAY N86054'54"W 1068.85 FEET; THENCE NO3°03350"E 636.82
FEET; THENCE S87°34'55"E 0.97 FEET TO THE POINT OF BEGINNING, CONTAINING
14.60 ACRES, MORE OR LESS.
ALL BEARINGS ARE BASED ON THE CITY OF FAYETTEVILLE STATE PLANE
COORDINATES.
G:\041053-00\sur\desc\ZONING desc\Parcel A-1 C-2.doc
I
0
I
a
HE CORNER w ® DISTURBED R/MI
I
FRL NN/4-NW/4 m YNil�ft 9CN POST '
18-16-30 i
FND IRON PIPE
N7 1 i
F NI - -- - _ 87Ur2r W _int�55• N
C PER ,-N _ST__ 60' R11V -- - -- --
59. 0.9 S 87'01 '21" E 943.58' _ FRO CONCRETE
$ 0208 30 n96 STI N R/W YAPo�R
6 SECTION lt£ o
HE CORNER i
A �1 cn 18-16-30
F,P
s
CR I
o a �
m OIO
F1P QIH
O
PT N 4 !� z
31.87 OR i
' . R/WSIGN
PST
S �
�2� O'1 CAI. R/w PONT AT
S 14'46• FENCE CORNER POST
-- _ _
S871 7' 137.
1322 -
CRETE
ARKER S
AND SER �y
'ARTNERSHIP I 8416-304
REFERENCE
0
00 6• wow N 26' W 11.5
;$ N/S - VEST 5S3'
004-00035102 L AR - SOUTH 20' -