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HomeMy WebLinkAboutOrdinance 4881 iiii iiiiii iii ii iiia iiiii iiiii iiiiiiiiii iiiii iiiii iiiii iiiii ii i iiii Doc ID : 010122270007 Tvoe : REL Recorded : 06/30/2006 at 11 : 03 : 25 AM Fee Amt : $26 . 00 Paas 1 of 7 f Washlnaton Countv . AR Bette Stamos Circuit Clerk F11erOO6-00026525 ORDINANCE NO, 4881 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2028 FOR APPROXIMATELY 22.68 ACRES, LOCATED WEST OF I-540 AND SOUTH OF BETTY JO DRIVE, FROM R-A, RESIDENTIAL-AGRICULTURAL, C- 1 , NEIGHBORHOOD COMMERCIAL, AND RMF-24„ RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE 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, C- 1 , Neighborhood Commercial, and RMF-24, Residential Multi-Family, 24 units per acre 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. ,,,I11 11,,,,, V Y R SG• PASSED and APPROVED this 6th day of June, 2006. ;h> ;'cit �F '• �'�'; APPROVED: ATTEST: ; FAYETTEVILLE ; By: By: _ DAN GOODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2028 PARCEL 1, 2, AND 8 LEGAL DESCRIPTION: (PARCEL "1" C-1 TO C-2) PART OF THE NEI/4, NWl/4 AND PART OF THE SEI/4, NW1/4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SEI/4, NWl /4 THENCE SOUTH 584.44 FEET, THENCE WEST 453.75 FEET TO THE P.O.B., THENCE S84009'20"W 2. 11 FEET, THENCE ALONG A CURVE TO THE LEFT 1347. 16 FEET, SAID CURVE HAVING A RADIUS OF 1275.00 FEET AND A CHORD BEARING OF N36006' 50"W 1285 .36 FEET, THENCE N66022 ' 59"W 92.26 FEET, THENCE NO300354311E 204.01 FEET, THENCE S86055 '01 "E 1069. 13 FEET, THENCE S10032143 "E 3 .06 FEET, THENCE S17049' 52"E 210.49 FEET, THENCE S21040111 "E 323 . 12 FEET, THENCE S56005 '41 "W 145 . 17 FEET, THENCE S25005122"W 703 .02 FEET TO THE P.O.B.; CONTAINING 16.38 ACRES MORE OR LESS. LEGAL DESCRIPTION: (PARCEL "2" RMF - 24 TO C-2) PART OF THE NW1 /4, NWl /4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID NW 1 /4, NW 1 /4 THENCE SOUTH 59.76 FEET, THENCE WEST 3 . 16 FEET TO THE P.O.B., THENCE S03003 '43"W 840.94 FEET, THENCE N66022159"W 58.23 FEET, THENCE ALONG A CURVE TO THE LEFT 101 .80 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING OF S32054104"W 101 .62 FEET, THENCE NO2026' 00"E 907.38 FEET, THENCE S87035 '25"E 115 .05 FEET TO THE P.O.B. ; CONTAINING 2. 14 ACRES MORE OR LESS. LEGAL DESCRIPTION: (PARCEL "8" R-A TO C-2) PART OF THE NEIA, NWIA AND PART OF THE SETA, NWIA OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID SEI /4, NWl /4 THENCE S02057558"W 541 .99 FEET, THENCE S84009'20"W 427.95 FEET, THENCE N25005 '22"E 703 .02 FEET, THENCE N56005 '41 "E 145 . 17 FEET, THENCE S14047503"E 137.78 FEET TO THE P.O.B., CONTAINING 4. 16 ACRES MORE OR LESS. Bill afAssumrtx EXHIBIT "B" Page 1 of 4 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") Reserve, 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. R 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 facilites 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 service and motor repair. Bill of Assnrana Page 2 of 4 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, Reserve, LLC., as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. Date Printed Na e Address �^�. •� 1 S ature Date Printed Name Address Signature Bill ofAssmmim Page 3 of 4 NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the -.S— day of 2004 appeared before me, TNma , 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. jM2!&1 n N ARY PUBLIC My-Commission Expires: O \ TEP4/j' j :w aOTAqA, � • !ip'Sjlot 'P, ,��'�.�SON �.44•`'��,,,. Bill ofAssuranm - Page 4 of 4 EXHIBIT `.'A" RZN 04- LEGAL DESCRIPTION: (Parcel "1" C-1 to C-2) Part of the NEI/4, NW1/4 and part of the SE1/4, NWI/4 of Section 18, T16N, R30W in Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said SEI/4, NW1/4 thence South 584.44 feet, thence West 453.75 feet to the P.O.B., Thence S84°09'20"W 2.11 feet, Thence along a curve to the left 1347.16 feet, Said curve having a radius of 1275.00 feet and a chord bearing of N36°06'50"W 1285.36 feet, Thence N66°22'59"W 92.26 feet, Thence NO3°03'43"E 204.01 feet, Thence S86°55'01"E 1069.13 feet, Thence S10032'43"E 3.06 feet, Thence S17049'52"E 210.49 feet, Thence S21°40'11"E 323.12 feet, Thence S56°05'41"W 145.17 feet, Thence S25°05'22"W 703.02 feet to the P.O.B.; Containing 16.38 Acres more or less. LEGAL DESCRIPTION: (Parcel "2" RMF - 24 to C-2) Part of the NW1/4, NW1/4 of Section 18, T16N, R30W in Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said NW1/4, NW1/4 thence South 59.76 feet, thence West 3.16 feet to the P.O.B., Thence S03°03'43"W 840.94 feet, Thence N66°22'59"W 58.23 feet, Thence along a curve to the left 101.80 feet, said curve having a radius of 500.00 feet and a chord bearing of S32°54'04"W 101 .62 feet, Thence NO2°26'00"E 907.38 feet, Thence S87035'25"E 115.05 feet to the P.O.B.; Containing 2.14 acres more or less. LEGAL DESCRIPTION: (Parcel "8" R-A to C-2) Part of the NE1/4, NW1/4 and part of the SE1/4, NW1/4 of Section 18, T16N, R30W in Washington County, Arkansas and being described as follows: Commencing at the NE Corner of said SE1/4, NW1/4 thence S02°57'58"W 541 .99 feet, thence S84°09'20"W 427.95 feet, thence N25°05'22"E 703.02 feet, thence N5600541 "E 145.17 feet, thence S14°4703"E 137.78 feet to the P.O.B., Containing 4.16 acres more or less. 11 , ' 1 • 1 MOUNTAIN RANCH Ra T�'1'�F - �� Mal I*CAW Y N s1 Y f & �k .�• ,T B , ,,y Y iri C. ".2n-d ���y 3u 'N� �] �} Y'k � $ y '' Y. } 1�4� VIPmm" 1 I � - - 1 11 11 ill 11 . 11 MOO M 1 City of Fayetteville Staff Review Form � 8� City Council Agenda Items or /IT ► Pl Contracts 6-Jun-06 City Council Meeting Date Jeremy Pate@ Planning Operations Submitted By Division Department l Action Required: RZN 06-2028 (Mountain Ranch, 440): Submitted by Tom Terminella for property located west of I-540 and South of Betty Jo Drive. The property is zoned C- 1 , Neighborhood Commercial, R-A, Residential-Agricultural, and RMF-24, Residential Multi- Family, 24 units per acre and contains approximately 22.68 acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Departmen Direct Date Original Contract Date: n/a Original Contract Number: n/a A City Atter Received Cle 's Office 5 jG U Fina ce and Internal Service Director Date Received in Mayor's Office E 3 106 mayor Date Comments: City Council Meeting of June 06, 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 Date: May 11 , 2006 Subject: Rezoning for Mountain Ranch (RZN 06-2028) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 22.68 acres of property from C- 1 , Neighborhood Commercial, RMF-24, Residential Multi-family 24 units per acre and 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 three separate areas that total approximately 22.68 acres, located at the southwest intersection of Shiloh Drive and Persimmon Street, west of I-540 and south of Betty Jo Drive. Each of the three areas (Parcel Nos. 1, 2 and 8 as indicated in the attached maps) are adjacent to improved Collector streets at this time. Parcel Nos. 1 and 8 are furthermore located primarily within the Design Overlay District and are subject to the restrictions as established therein. The Future Land Use Plan designates this entire site for Residential use, though recent zoning actions by the City Council recognizes the need for both residential uses and services to support those uses in close proximity, while limiting the chance for adjacency of incompatible land 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 perfectly 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 commercial node to allow for commercial services within close walking or driving distance of rapidly 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 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. This detailed Bill of Assurance that has been offered is identical to the one offered with other rezoning requests in this area in past approvals by the City Council. City Council Meeting of June 06, 2006 Agenda Item Number DISCUSSION This item was heard at the regular Planning Commission on May , 2006. There was no public comment. The Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation in favor of the rezoning, subject to the offered Bill of Assurance. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2028 FOR APPROXIMATELY 22.68 ACRES, LOCATED WEST OF I-540 AND SOUTH OF BETTY JO DRIVE, FROM R-A, RESIDENTIAL- AGRICULTURAL, C- 1 , NEIGHBORHOOD COMMERCIAL, AND RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE 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, C-11 Neighborhood Commercial, and RMF-24, Residential Multi-Family, 24 units per acre 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. 1 .. 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—day of J 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2028 PARCEL 1, 29 AND 8 LEGAL DESCRIPTION: (PARCEL "1" C-1 TO C-2) PART OF THE NEI /4, NWl /4 AND PART OF THE SEI/4, NW 1/4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID SETA, NWl/4 THENCE SOUTH 584.44 FEET, THENCE WEST 453 .75 FEET TO THE P.O.B., THENCE S84009120"W 2. 11 FEET, THENCE ALONG A CURVE TO THE LEFT 1347. 16 FEET, SAID CURVE HAVING A RADIUS OF 1275.00 FEET AND A CHORD BEARING OF N36006' 50"W 1285.36 FEET, THENCE N66022159"W 92.26 FEET, THENCE NO3003 '43"E 204.01 FEET, THENCE S86055301 "E 1069. 13 FEET, THENCE S1003214333E 3.06 FEET, THENCE S17049' 52"E 210.49 FEET, THENCE S21 °40' 11 "E 323 . 12 FEET, THENCE S56005 '41 "W 145 . 17 FEET, THENCE S25005122"W 703 .02 FEET TO THE P.O.B. ; CONTAINING 16.38 ACRES MORE OR LESS. LEGAL DESCRIPTION: (PARCEL "2" RMF - 24 TO C-2) PART OF THE NWl /43 NW1 /4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT ' THE NE CORNER OF SAID NW 1/4, NW 1/4 THENCE SOUTH 59.76 FEET, THENCE WEST 3 . 16 FEET TO THE P.O.B., THENCE S03003 '43"W 840.94 FEET, THENCE N66022559"W 58.23 FEET, THENCE ALONG A CURVE TO THE LEFT 101 .80 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING OF S32054'04"W 1014.62 ' FEET, THENCE NO2026.'00"E 907.38 FEET, THENCE S87°35 '25"E 115.05 FEET, TO THE! ' P.O.B.; CONTAINING 2 . I4 ACRES MORE OR LESS. LEGAL DESCRIPTION: (PARCEL "8" R-A TO C-2) PART OF THE NEI/4, NWl/4 AND PART OF THE SEI/4, NWIA OF SECTION 18, T16N3 R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESGMBED'AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID SETA, NW 1 /4 THENCE S02057' 58"W 541 .99 FEET, THENCE S84009120"W 427.95 FEET, THENCE N25005522"E 703.02 FEET, THENCE N56005 '41 "E 145 . 17 FEET, THENCE S14047' 03"E 137.78 FEET TO THE P.O.B., CONTAINING 4. 16 ACRES MORE OR LESS.