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HomeMy WebLinkAboutOrdinance 4852 IIIIIII I IIIII III IIIII VIII VIII VIII IIIII II I II IIIII IIIII IIIII VIII IIIII IIII IIII i Doc ID : 009893760005 TVDB : REL Recorded : 04/25/2008 at 10 : 41 : 24 AM Fee Amt : $20 . 00 Paoe 1 of 5 I Mashinoton Countv . AR b Bette Stamps Circuit Clerk File200640016558 ORDINANCE NO, 4852 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06- 1936, FOR APPROXIMATELY 9.70 ACRES, LOCATED AT 354 AND 370 DOUBLE SPRINGS ROAD, FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF- 6, RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to RMF-6, Residential Multi-Family, 6 units per acre, as shown on 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 I above. Section 3 : That the subject property will be subject to a Bill of Assurance attached hereto and made a part hereof as Exhibit `B" limiting the type and location of dwelling units on the property. PASSED and APPROVED this 4s' day of April, 2006. r a ;'G\� Y p r' ' p ; FAYETTEVILLE ' APPROVED: ATTEST: . N ' . . e � •RA S 'J .� 9J'' KNP 2 : By: By: DAN COODY, ayor 1SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-1936 A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25 "W 330.92', THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD 427, THENCE ALONG SAID RIGHT-OF-WAY NO2°27'01 "E 329.38', THENCE S88020105"E 1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS . SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. R i u i r EXHIBIT "B" RZN 06-1936 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, developer, or buyer of this property, (hereinafter "Petitioner') Fletcher Williams and Imogene Williams, 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 of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's 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 Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's 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 the following: The petitioners assure the City the property will be developed as a residential subdivision, zoned RMF-6 (with approved re-zoning application) and will consist of a combination of single family lots and two-unit townhome lots. The subdivision as a whole will meet of exceed the requirements of RMF-6 zoning. The subdivision will contain between 20 to 24 zero-lot-line townhome structures (2 units each) and between 3 to 6 single family dwellings. The maximum total number of structures will be between 26 to 30 structures totaling 46 to 53 dwelling units. The maximum number of units allowed by RMF-6 for this parcel would be 58. Single family units will be placed adjacent to existing single family developments so as to maintain consistent usage across property lines. 2. Petitioner specifically agrees that all such restrictions and terms shall I un 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 WITNESSWHE OF a in a ee ent with all the terms and conditions stated above, I, !=3[1 1N M1 Lt- 4-�gx as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. W l 01i N S Printed me n / ) Date r� Signature Address / Prin Name Sign ure NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the ( 5 day of FLULL200 appeared before me, 'r - C'b" w7m% aws 9�#ts and after being placed upon his/ her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/ her name a ve. a ;;,zacucn.rr• . �o1At y ' TARY P BLIC Commission�E�xp,ir s; Washington County, AR 5 � PUBOG ' �� 1 certify this instrument was filed on 0. ' 15 �0.� C,.•� i 04/25/2008 10:41 :24 AM •••'o�N00CCJ and recorded in Real Estate •h•"""" File Number 2008-00018558 Bett Stamps - Circuit Clerk by _ e F� r r r r i N V �. W cMoon { RsF • y � L � R � t * ' . _ •+une�.r +r •? _ ..�..�.�..�.�. RSIMM . Q� FA � •r-� � All , .tea OHFABT.(3lkR0 ((ALIFL�'ow� Su6ject Pro perty; 9.7 acres r�fco. i i 010 0L _ /5% Fl�eteher k/� lliarz, March 1 , 2006 City of Fayetteville-City Clerk's Office 113 W. Mountain St. Fayetteville, AR. 72701 RE:ANX 06=1935 - RZN 06-1936 This is to notify you of my intention to Appeal the denial by the City of Fayetteville Planning Commission on Monday, February 27, 2006, on the above mentioned items. We would like to have these properties rezoned and annexed to build housing for Fayetteville. It is our understanding that the property south of subject property, owned by the Hays family, will be asking to be rezoned and/or annexed also. We feel like this would be a good housing project for Fayetteville. Sincerely, Fletcher Williams RECEIVED MAR 0 2 260E CITY OF FAYETrEVILLE CITY CLERK'S OFFICE City Council Meeting of March 21 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operation From: Jeremy C. Pate, Director of Current Planning Date: February 28, 2006 Subject: Rezoning for Fletcher Williams (RZN 06- 1936) RECOMMENDATION The Planning Commission recommended denial of the subject rezoning request from R-A to RMF-6 on approximately 9.70 acres of property located east of Double Springs Road, south of Persimmon Street. The applicant had submitted a Bill of Assurance limiting the type of development and maximum number of units allowed on the property. Planning Staff originally recommended approval of the requested rezoning to RMF-6 with the associated Bill of Assurance. BACKGROUND The subject property contains approximately 9.70 acres and is located on Double Springs Road, south of Persimmon Street. The property is bordered on two sides by property zoned RSF-4, with Silverthorne Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. Two intervening properties lie between the subject property and the city limits to the north (Legacy Point Phase 1 ). Initially, these properties were developed for single-family use. In recent months, the adjacent owner north of the property has begun to develop a storage unit business on his property. Legacy Point Phase 1 is zoned both RSF-4 and RMF-6. The 2002 rezoning of 8.74 acres within Legacy Point, in close proximity to the current request, was the first property to be zoned RMF-6 within the City of Fayetteville, with a unanimous vote by the Planning Commission and a majority vote by City Council. The applicant requests rezoning of 9.70 acres to allow for a two-family townhome and single-family development. The prospective buyer of the property developed several properties within the RMF-6 portion of Legacy Point and would like to duplicate this development on the subject property. The property owner has submitted a Bill of Assurance that limits the development of the property to a maximum 24 two-family townhomes and a minimum 3 single-family lots, with a maximum 54 dwelling units; a maximum 58 units is permitted at 6 units/acre. Additionally, the Bill of Assurance guarantees that single-family dwellings will be located adjacent to the existing RSF-4 zoning districts, that is along the east and west property lines (see attachment). City Council Meeting of March 21 , 2006 Agenda Item Number DISCUSSION This item was heard at the regular Planning Commission on February 27, 2006. The Planning Commission voted 4-2-0 to recommend approval of this rezoning request to the City Council, with Commissioner Ostner and Anthes voting no. Therefore, the motion failed due to lack of five affirmative votes, and the application for rezoning into the City of Fayetteville was denied: Those who voted against the motion discussed their concerns regarding zoning only a small parcel without understanding how adjacent properties, currently without zoning, will develop in the future. Staff recommends approval of the proposed rezoning with the Bill of Assurance. The property is located adjacent to a Minor Arterial street and two nearby Collector streets; therefore, adjacent infrastructure, once improved to Master Street Plan standards, will be able to accommodate a greater traffic volume. Additionally, this property is in close proximity to other property zoned RMF-6. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06- 1936, FOR APPROXIMATELY 9.70 ACRES, LOCATED AT 354 AND 370 DOUBLE SPRINGS ROAD, FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF-6, RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE. 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 RMF-6, Residential Multi-Family, 6 units per acre, as shown on 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 I above. Section 3 : That the subject property will be subject to a Bill of Assurance attached hereto and made a part hereof as Exhibit `B" limiting the type and location of dwelling units on the property. PASSED and APPROVED this—day of 12006. APPROVED: ATTEST: By: By : DAN GOODY, Mayor SONDRA SMITH, City Clerk EX1I'[BIT "A" RZN 06-1936 A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S0203892519W 330.92', THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #27, THENCE ALONG SAID RIGHT-OF-WAY NO2027'0111E 329.381, THENCE S8802010511E 1279. 86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. s 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, developer, or buyer of this property, (hereinafter "Petitioner") Fletcher Williams and Imogene Williams, 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 of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's 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 Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of 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 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 the following: The petitioners assure the City the property will be developed as a residential subdivision, zoned RMF-6 (with approved re-zoning application) and will consist of a combination of single family lots and two-unit townhome lots. The subdivision as a whole will meet of exceed the requirements of RMF-6 zoning. The subdivision will contain between 20 to 24 zero-lot-line townhome structures (2 units each) and between 3 to 6 single family dwellings. The maximum total number of structures will be between 26 to 30 structures totaling 46 to 53 dwelling units. The maximum number of units allowed by RMF-6 for this parcel would be 58. Single family units will be placed adjacent to existing single family developments so as to maintain consistent usage across property lines. 2. 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 for record in the Washington County Circuit 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 WHEPtJF.OF in a ee ent with all the terms and conditions stated above, I, �. j )f7jle.e��, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. l PrintedName �7r C41 ( l 5' �O (o Fj, F�IW L R° ' / « Date r c Signature 3 1 � �1fu�{.P .,�pf✓IY� «-d( ��' n c ✓� C�(j . LL i � r.� 3 Address / Prin4 d Name Sign rree NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON ) And now on this the f 5 day of ru , 200 (eq appeared before me, 'KI C h" W a YYIS , W1r W i S and after being placed upon his/ her oath swore o far firmed that he/she agreed with the terms of the above Bill of Assurance and signed his/ her name a ve. ,aeaa *gisaaca:et aye P�\,Y N ' �OXARy TARYP BLIC Commission Expi s! * ow . tA� P !� : tt : PUBUC QC 1s 0B. 5 SIP a:,�J ' °•. O+OTN 0C a •a�aquennaaae� _