HomeMy WebLinkAboutOrdinance 4859 Doc ID : 009947490004 Tvoe : REL
Recorded : 05/ 10/2006 at 11 : 43 : 33 AM 11
Fee Amt : $17 . 00 Pace 1 of 4
Mashlnoton Countv . AR
Bette Stamos Circuit Clerk
FS1e2006_00018877
I
ORDINANCE NO. 4859
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 06- 1949 FOR APPROXIMATELY 6.03
ACRES LOCATED AT 4230 HUNTSVILLE ROAD, FROM RSF- 1 ,
RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE AND RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-7,
RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE SUBJECT
TO THE 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 RSF- 1 , Residential Single Family, 1 unit per acre
and RSF-4, Residential Single Family, 4 units per acre to
RSF-7, Residential Single Family, 7 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 1 above. � K/TR• .,
Section 3 : The rezoning is subject to the offered Bill of Assurance. \��'G�SY 0r '•;P�;
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PASSED and APPROVED this 18th day of April, 2006. c ; FAYETTEVILLE ;
APPROVED: ATTEST: �'�ysy RkANSQ�J� �
'3 TO
By: (s' By: &,:6b
D COODY, Mayor SONDRA SMITH, ity Clerk
Washington County, AR
i I certify this instrument was filed on ,
05/10/2008 11 :43:33 AM
and recorded in Real Estate
File Number2006-0001887700 ircuit 8877
Bette Stamps - Circuit gleyk �
by I
EYMIT "A"
RZN 06-1949
r
A PART OF THE FRI, NW 1/4 OF THE FRI, NW 1 /4 OF SECTION 19, TOWNSHIP 16
NORTH, RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A 1 /2" REBAR LOCATED AT A POINT THAT IS S02042' 13 "W 113 .52
FEET FROM THE NORTHEAST CORNER OF THE FRI, NW 1/4 OF THE FRI, NW 1 /4 OF
SAID SECTION 19, AND RUNNING THENCE S0032143"W 42.89 FEET TO A 1 /2" REBAR
LOCATED AT THE NORTHWEST CORNER OF THE DAVID LYLE VILLAGE
SUBDIVISION PHASE II; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SUBDIVISION THE FOLLOWING: S1 °56'27"W 101 . 11 FEET, S2° 19'50"W 74.99,
S2004'03 "W 75 .023 S301711311W 74.99, S2009' 16"W 75.00, S2011 ' 1011W 75.01 , S203110911W
75 . 16, S205915511W 77.95, S53045133"E 2.81 FEET TO A 1 /2" REBAR LOCATED AT THE
NORTHWEST CORNER OF THE RIVER HILLS SUBDIVISION; THENCE S3°08' 13"W
82.64 FEET ALONG THE WEST OF LINE OF SAID SUBDIVISION TO A 1/2" REBAR;
THENCE LEAVING SAID WEST LINE AND RUNNING N87022'46"W 254.04 FEET TO A
1 /2" REBAR; THENCE S4°56'26"W 104.98 FEET TO A 1 /2" REBAR; THENCE
N53041 '50"W 95 .27 TO A I/2" REBAR; THENCE N2012'48"E 807.90 FEET TO A 1 /2"
REBAR; THENCE S87°27'20"E 337.93 FEET TO THE POINT OF BEGINNING,
CONTAINING 6.03 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY ARKANSAS.
SUBJECT TO THE 50 FOOT WIDE ARKANSAS WESTERN GAS TRANSMISSION LINE
EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE, THE 15 FOOT
WIDE CITY OF FAYETTEVILLE SEWER LINE EASEMENT RUNNING
SOUTHEASTERLY THROUGH THE SOUTH SIDE AND EASTERLY THROUGH THE
NORTH SIDE, THE ARKANSAS STATE HWY NO. 16 RIGHT-OF-WAY ALONG THE
SOUTH LINE, AND ANY OTHER EASEMENTS AND OR RIGHT-OF-WAYS OF RECORD.
J
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')
Sno r E 4 A<� rr,,o rlraaz, CaAL.2(.2y - 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
Petitioners 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 S u Y t E; - (P)t .u�y
Res loll-mr1c HOMES
2. Other restrictions including number and type of structures upon the
property are limited to 19 rintu" , A or-
3.
f3. Specific activities will not be allowed upon petitioners property
include 4;Ef' Pnya LY(.ti e ee& '•-tCrwe 6L cyk aPt ,s
4. (Any other terms or conditions) RESTR.LC-TIyE
TO 1 1TitE(L M>Ei"02 LXC - -nH E " 0=0 LIZ U L1�w&E
Q,�rwcriuG CvurS � wls ��� vTr C.�srzu�-rd�
Cpan�-cy C.o��ra-iovs� 12'" fraC� I�t47.
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4 _
5. 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 WHEREOF and in agreement with all the terms and
conditions stated above, I, 6 "-Y , as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
4f. — ! ( - 0b 4A
Date Printed Name
7.S1E7 N- (i�.ez.�C3r:3Yt �1� �.
Address
F� �r� dFM— X2703
Signature
NOTARY OATH
STATE OF ARKANSAS J
COUNTY OF WASHINGTO� N�/ )
And now on this the ��da of 200& appeared
before me, and
after being placed upon his/her oath swore or affirmed th a/she agreed with
the terms of the above Bill of Assurance and signed his/her name above.
NOT Y ffisial Seal
My Commission Expires: SONDRA. ELAINE stdtT.H .
Notary Puet+c-nN;ensas
WASssion }N COUNTY
AdY Commission =xFires 09-01 -2012
ELLIS
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REALTY
(4,9) 466 - 7039
Office (479) 251-0100 wasnington county
fax (479)695-1696
Home once (479) 582-1417
Sellwithscoftyahoo.com
3500 Norm College, Suite 1
Fayetteville, Arkansas 72703
City Council Meeting of April 04, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning c
Date: March 16, 2006
Subject: Rezoning for Ellis (RZN 06- 1949)
RECOMMENDATION
The Planning Commission recommended denial of the subject rezoning request from
RSF- 1 and RSF-4 to RSF77 on approximately 6.03 acres located north of Huntsville
Road, west of David Lyle Subdivision. Planning Staff originally recommended approval
of the requested rezoning to RSF-7.
BACKGROUND
The subject property contains approximately 6 acres and is located on Huntsville Road, a
Principal Arterial. The property is delineated by Bayyari Park to the north and the
Riverhills Subdivision, zoned R-O and developed with 2.60 units per acre, and David
Lyle Subdivision, zoned RSF-7 and developed with 3 .98 units per acre, to the east.
Properties to the west and south are developed for large single-family lots. "
In 1995, the property to the east and north was annexed into the city and zoned R-A,
RSF-7, and R-O. Property to the west of the subject property was annexed into the city
in 1998 and was zoned RSF-7 to allow the development of small single-family lots. The
annexation of these surrounding properties created an island of unincorporated property
that was eventually annexed and zoned RSF- 1 in August of 2004. The unique zoning of
the subject property and the surrounding properties is a result of the piecemeal. . `
annexation and rezoning into the City of Fayetteville; nevertheless, all properties have
developed for single-family use, with a majority of these lots conforming to the RSF-7
zoning district bulk and area regulations.
The applicant requests rezoning of approximately 6 acres from RSF- 1 and RSF-4 to the
RSF-7 zoning district. The applicants desire this zoning district to develop a residential
subdivision meeting the criteria set forth in the RSF-7 zoning district.
DISCUSSION
This item was heard at the regular Planning Commission on March 13, 2006. The
Planning Commission voted 3-5-0 to forward the rezoning request with a
recommendation for an RSF-4 zoning district, with Commissioners Anthes, Graves,
kAf
City Council Meeting of April 04, 2006
Agenda Item Number
Lack, Vaught and Ostner voting no. In response to the failed motion, the Planning
Commission unanimously agreed to reconsider the rezoning request. A motion was made
to forward the rezoning request as presented by the applicant, to a zoning of RSF-7, but
failed with a 4-4-0 vote, with Commissioners Clark, Myres, Anthes and Allen voting no.
Therefore, the motion failed due to lack of five affirmative votes, and the application for
rezoning to RSF-7 was denied. The applicant has submitted an appeal of the Planning
Commission action within the required time period.
Those who voted against the motion discussed their concerns regarding compatibility
with the adjacent developments. The Planning Commission requested that the applicant
meet with adjoining neighbors, several of whom were present and voiced concern and
questions regarding zoning in the area, prior to City Council consideration of the
rezoning request.
Staff recommends approval of the proposed rezoning. The property is located adjacent to
a Principal Arterial street and a city park, amenities desirable adjacent to residential
development. Additionally, this property is located adjacent to other developments and
properties zoned RSF-7.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06- 1949 FOR APPROXIMATELY
6.03 ACRES LOCATED AT 4230 HUNTSVILLE ROAD, FROM RSF- 1 ;
RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE AND RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-7,
RESIDENTIAL SINGLE FAMILY, 7 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- 1 , Residential Single Family, 1 unit per
acre and RSF-4, Residential Single Family, 4 units
per acre to RSF-7, Residential Single Family, 7
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 1 above.
PASSED and APPROVED this—day of J 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EX111B11' "A"
RZN 06-1949
A PART OF THE FRL NW % OF THE FRL NW '/ OF SECTION 19, TOWNSHIP 16
NORTH , RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT A 1 /2" REBAR LOCATED AT A POINT THAT IS S02042'13 "W 113 .52
FEET FROM THE NORTHEAST CORNER OF THE FRL NW % OF THE FRL NW '/< OF
SAID SECTION 19, AND RUNNING THENCE S0032'43 "W 42.89 FEET TO A 1 /2" REBAR
LOCATED AT THE NORTHWEST CORNER OF THE DAVID LYLE VILLAGE
SUBDIVISION PHASE 1I; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SUBDIVISION THE FOLLOWING: S1 °56'27"W 101 . 11 FEET, S2019'50"W 74.99,
S2004'03 "W 75 .02, S3017' 13 "W 74.99, S2009' 16"W 75 .00, S2°11 ' 10"W 75.01 , S2031 '0911W
75 . 16, S2059'55"W 77.95, S5304513311E 2 .81 FEET TO A 1 /2" REBAR LOCATED AT THE
NORTHWEST CORNER OF THE RIVER HILLS SUBDIVISION; THENCE S3°08' 13 "W
82.64 FEET ALONG THE WEST OF LINE OF SAID SUBDIVISION TO A 1 /2" REBAR:
THENCE LEAVING SAID WEST LINE AND RUNNING N87022'46"W 254.04 FEET TO A
1 /2" REBAR; THENCE S4056'26"W 104.98 FEET TO A 1 /2" REBAR; THENCE
N53041 '50"W 95 .27 TO A 1 /2" REBAR; THENCE N2012'48"E 807.90 FEET TO A 1 /2"
REBAR; THENCE S87027'20"E 337.93 FEET TO THE POINT OF BEGINNING,
CONTAINING 6.03 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY ARKANSAS .
SUBJECT TO THE 50 FOOT WIDE ARKANSAS WESTERN GAS TRANSMISSION LINE
EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE, THE 15 FOOT
WIDE CITY OF FAYETTEVILLE SEWER LINE EASEMENT RUNNING
SOUTHEASTERLY THROUGH THE SOUTH SIDE AND EASTERLY THROUGH THE
NORTH SIDE, THE ARKANSAS STATE HWY NO. 16 RIGHT-OF-WAY ALONG THE
SOUTH LINE, AND ANY OTHER EASEMENTS AND OR RIGHT-OF-WAYS OF RECORD.
Y7a .1. . PC Meeting of. March 13, 2006 .
ye ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCEFayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 7, 2006
RZN 06-1949: Rezoning (ELLIS, 569): Submitted by SCOTT ELLIS for property located at
4230 HUNTSVILLE ROAD. The property is zoned RSF-1 , SINGLE FAMILY - I UNIVACRE
and RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS PER ACRE and contains
approximately 6.03 acres. The request is to rezone the subject property to RSF-7. Residential
single family, 7 units per acre.
Planner. Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested ieiouing from RzA to RSF=7 based on-the 7
imdings herein./-
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Comments:
BACKGROUND:
Property description: The subject property contains approximately 6 acres and is located on
Huntsville Road, a Principal Arterial. The property is delineated by Bayyari Park to the north
and the Riverhill and David Lyle Subdivisions to the east. Properties to the west and south are
developed for large single-family lots.
K'lRepomk2M161PCRepor[r103-13-061RZN06-1949 (Elli).dx
Background: In the 1960s, the City of Fayetteville annexed a strip of property on either side of
Huntsville Road to access Lake Sequoyah, a principal water source for the City. The annexation
of this corridor included many portions of property instead of the entire portion. Overtime,
owners of property both within the Planning Area and City have requested annexation and
rezoning. In 1995, the property to the east and north was annexed into the city and zoned R-A,
RSF-7, and R-O. Property to the west of the subject property was annexed into the city in 1998.
The portion that was originally annexed into the city in the 1960s was zoned RMF-24. The
portion of property annexed in 1998 was zoned RSF-7 to allow the development of small single-
family lots. The annexation of these surrounding properties created an island of unincorporated
property that was eventually annexed and zoned RSF-1 in August of 2004. The unique zoning of
the subject property and the surrounding properties is a result of the piecemeal annexation and
rezoning into the City of Fayetteville; nevertheless, all properties have developed for single-
family use, with a majority of these lots conforming to the RSF-7 zoning district bulk and area
regulations.
Proposal: The applicant requests rezoning of approximately 6 acres from RSF-1 and RSF-4 to
the RSF-7 zoning district. The applicants desire this zoning district to develop a residential
subdivision similar in character to the adjacent David Lyle Subdivision, meeting the criteria set
forth in the RSF-7 zoning district.
Recommendation: Staffiecommends approval of the proposed rezoning. The development of?
the property for single family residential use at 7 units per acre is comparable to the surrounding
properties and developments. Furthermore, it will allow the growth of the city adjacent to park '
amenities.
SURROUNDING LAND USE AND ZONING
Direction Land Use in
North Ci Parkland R-A
South Sin le familyhomes RSF-4 & P]annin Area
East Sin a Famil Residential RSF-7 & R-O
West Single famil home RSF-7 & RMF-24
INFRASTRUCTURE:
Streets: The site currently has frontage on Huntville Road. Further evaluation will be
conducted by staff for any required improvements. Standard.improvements are:
dedication of right-of-way per the Master Street Plan, widening of pavement, curb
and gutter, storm drainage, and sidewalks.
Adjacent Streets-
South: Huntsville Road (Principal Arterial)
K.11?eporu170061PCRepons103-13-061RZN06-1949 (ENu).dm -
Water: Public water is adjacent to the site. There is an 8" waterline that runs along
Huntville Road, and a 6" main in the development to the east. A study of the
water system shall be conducted by the developer as directed by the Engineering
Division. Substantial improvements to the water system may be required which
includes other off-site improvements. Water service will need to be extended
within the property at the time of development connecting within the proposed
development.
Sewer: Sanitary sewer is available to the site. A study of the downstream system shall be
conducted by the developer. Sewer service will need to be extended within the
property at the time of development connecting within the proposed development.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
[Fire: These approximately 6.03 acres are covered by Engine 5 located at 833 N
Crossover. It is 3 miles from the station with an expected response espouse time of 5.25
minutes. When the new Station #3 opens the travel distance will be reduced to
2.5 miles with a response time of 4.25 minutes.
The Fire Department anticipates 10 (6 EMS — 4 Fire/other) calls for service per
year once the development is completed and maximum build-out has occurred.
Measured Hydrant Flow in this area is 1515 gallons per minute. The service
impact of this development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur. , There should t
[be no adverse effects on our call volume or response time to this development. • J
Police: Itis the opinion of the Fayetteville Police Department that the proposed rezoning
will not substantially alter the population density and thereby undesirably increase
the load on police services or create and appreciable increase in traffic danger and
congestion in the area.
LAND USE PLAN: General Plan 2020 designates the site as Residential. Rezoning this
property to RSF-7 is compatible with the single-family use in the surrounding area.
FINDINGS OF THE STAFF
i . 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: CTbe proposed rezoning is consistent with current land use planning
objectives and policies for Residential Use in the area as indicated on the
.Future Land Use plan. ,The requested zoning is slightly greater density that
the typical RSF4 zoning district which has been utilized for development
K:1Reponai10061PCReporu103-13-061R7-N06-1949 (Elhs).dw