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:
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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.
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MOUNTAIN RANCH
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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.