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� _