HomeMy WebLinkAboutOrdinance 4915 � I II��!�������������1111111111
Recorded ; 100/03/20061 at 711 :21:40 AM .
Fee Amt : $44 . 00 Pane 1 of 13 s
1 Washi naton Cou ntv . AR
Do c
y - Bette Stamas Circuit Clerk
Fi1e2006-00040777 ;
ORDINANCE NO, 4915
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 06-2172 FOR APPROXIMATELY 19.98
ACRES, LOCATED WEST OF RUPPLE ROAD, EAST OF
MEADOWLANDS SUBDIVISION, FROM R-A, RESIDENTIAL-
AGRICULTURAL, RSF- 1 , RESIDENTIAL SINGLE FAMILY, 1 UNIT
PER ACRE, AND C-2 THOROUGHFARE COMMERCIAL TO C- 11
NEIGHBORHOOD COMMERCIAL, RMF- 12, RESIDENTIAL
MULTI-FAMILY, 12 UNITS PER ACRE, AND 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:
Parcel #1 from RSF- 1 , Residential Single Family, 1
unit per acre to RSF-7, Residential Single Family, 7
units per acre as shown on Exhibit "A" and Exhibit
"D" attached hereto and made a part hereof.
Section 2: That the zone classification of the following described property is hereby
changed as follows:
Parcel #2 from RSF- 1 , Residential Single Family, 1
unit per acre, R-A, Residential-Agricultural, and C-
2, Thoroughfare Commercial, to RMF- 12,
Residential . Multi-Family, 12 units per acre as
shown on Exhibit "B" and Exhibit "D" attached
hereto and made a part hereof.
Section 3 : That the zone classification of the following described property is hereby
changed as follows:
Parcel #3 from RSF- 1 , Residential Single Family, 1
unit per acre to C- 1 , Neighborhood Commercial as
shown on Exhibit "C" and Exhibit "D" attached
hereto and made a part hereof w
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Section 4: That the rezoning is subject to the Billof Assurance offered by the applicant
and shown as Exhibit "E" attached hereto and made a part hereof.
Section 5: 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 5w day of September, 2006. G WY SGPT '
APPROVE : ATTEST: ; FAYEffEVILLE�
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By. By: TONl, �`O�•
DAN COODY, Mayor SONDRA SMITH, ity Clerk
EXHIBIT "A"
RZN 06-2172 PARCEL 1
PARCEL #11 : (TO BE REZONED TO RSF-7)
PART OF THE SWI/4 OF THE NEIA OF SECTION 12, T16N, R31W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT
THE NW CORNER OF SAID SWI /4, NEIA THENCE S8905714811E 421 .61 FEET TO THE
P.O.B., THENCE S8905714811E 545 .43 FEET, THENCE SOUTH 551 .01 FEET, THENCE
WEST 544. 12 FEET, THENCE N00008'09"W 551 .36 FEET TO THE P.O.B.; CONTAINING
6.89 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF
RECORD.
EXHIBIT `B"
RZN 06-2172 PARCEL 2
PARCEL #2: (TO BE REZONED TO RMF-12)
PART OF THE SWI /4 OF THE NEIA OF SECTION 12, T16N, R31W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT
THE NW CORNER OF SAID SWI /4, NEI/4 THENCE S8905714811E 421 .61 FEET, THENCE
S00008'09"E 551 .36 FEET TO THE P.O.B., THENCE EAST 840.03 FEET, THENCE
S00004' 16"E 437.33 FEET, THENCE N8905011111W 839.55. FEET, THENCE N00008109"W
434.93 FEET TO THE P.O.B.; CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RIGHT OF WAY OF RECORD.
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EXHIBIT "C"
RZN 06-2172 PARCEL 3
PARCEL #3: (TO BE REZONED TO C-1)
PART OF THE SWIA OF THE NE1 /4 AND PART OF THE NWI /4 OF THE NEIA OF
SECTION 12, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS : COMMENCING AT THE NW CORNER OF SAID SWIA,
NEI /4 THENCE S89057'48"E 967.04 FEET TO THE P.O.B., THENCE N0002310911W 137.75
FEET, THENCE S8905748"E 296.73 FEET, THENCE S0001411211W 137.71 , THENCE
S00004' 16"E 550.86 FEET, THENCE WEST 295.91 FEET, THENCE NORTH 551 .01 FEET,
TO THE P.O.B.; CONTAINING 4.67 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
EXHIBIT "D"
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RZNO6-2172 D U N N E RSTOC K
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EXHIBIT "E"
Page 1 of 7
BILL OF ASSURANCE
FOR
DUNNERSTOCKRE ZONING REQUEST
Tlic owner of the property (said property being located west of Rupple Road and south of
Bellwood Subdivision Phase I and being described on Exhibit A) is currently requesting
a rezoning of said property and is offering this bill of assurance which shall accompany
the rezoning.
The subject property consists of threeparcelsas follows;
l) Parcel # ( to be rezoned from RSF- 1 to RSF-7 and contains 6.89 Acres. This
RSF-7 rezoning would allow. 48 lots but our plan will limit the lots to 17
(single family).
2) Parcel #2 to be rezoned from R-A & C-2 to RMF- 12 and contains 8AI Acres.
This RMF42 rezoning would allow 100 units.
3) Parcel #3 to be rezoned from RSF-I to C-1. and contains 4.67 Acres_ This C-1
rezoning would allow for neighborhood commercial. . More specifically this
zoning would allow for a small market district, which would include eating
places, shops, professional offices.
Each parcel shall be submitted to-the City Planning Division for review after it is
rezoned. For Parcel #I this would be standard preliminary plat/final plat process. For
Parcel # I and #2 this would require a Large Scale Development process.
this Bill of Assurance shall accompany each parcel of land (#l , 2, &3) and shall include
the following;
1) Access to parcel ##1 shall be to the north through Bellwood Subdivision Phase
I and to Rupple Road through Parcel #3_ The street in Parcel, l will connect
to Parcel #2 for access.
2) Parcel #2 shall have public access through the property and shall provide
connectivity to the west, south and to Rupple Road.
3) Parcel #2 shall have the buildings arranged to avoid a grid layout or."row"
houses. Buildings shall be staggered to help avoid this grid layout
4) Pedestrian access shall be required in all 3 parcels to provide and encourage
residents of this community to walk to the market district.
5) Waterlines & sewerlines will be extended through Patel III to Parcel #2 and
3. Parcels 2 and 3 will also extend their waterline sewer to Rupple Road.
6) . Stonnwater will be detained in Parcel # t and #2 and will be sized for all three
parcels.
7). Two trees shall be planted on each lot of Parcel #1 by the builder.
EXHIBIT "E"
Page 2 07 .
8) Architectural design shall be reviewed by the Planning Commission for all
three parcels. The review shalt include type of material, color, arrangement of .
windows, doors, etc. Each parcel shall be reviewed separately at the time
each parcel is developed. (Parcel Ml will be developed first).
9) The developer of Parcel # l will provide improvements to Rupple Road as
required by the City at the time Parcel #1 is developed.
10) Each parcel shall be compatible with the Wellspring Community to the east-
This compatibility shall include architectural design & building arrangement.
TheCity Planning Dept. shalt review each development plan to determine that
it is compatible with Wellspring-
The owner 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 the Owner or Owners' 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 owner
acknowledges 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 the owners' rezoning request-
The Owner hereby voluntarily offers assurances that Owner and Owners
property shall be restricted as follows IF Owners rezoning is approved by the Fayetteville
City Council.
The Owner specifically agrees that all such restrictions and terms shall run with the
land and bind all future ownem unless and unfit 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 Owners' rezoning is effective and shall
be noted on any Final Plat or Large Scale Development which includes some or all of
property- -
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, Marc Foster, as the owner, voluntarily offer all such assurances and sign below.
Date 1 Printed Name
Name
b o� %907
Address -
��Y�rtts 1It tom_ �--�2'zo5
Si ature
.. . .. . .... . .. .. .. . . . . . _. _.... .
EXHIBIT "E"
Page 3 of 7
Exhibit "A"
LEGAL DESCRIPTION (ENTIRE TRACT):
PART OF THE SWI/4 OF THE NE 114 AND PART OF THE NW I/4 OF THE NEI/4
OF SECTION 12, Ti 6N, R3. 1 W IN WASHINGTON COUNTY, ARKANSAS AND
BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF
SAID SWI/4 NEI/4 THENCE S8905T48"E 421.61 FEET TO THE P.O-B., THENCE
S89057'48"E 545.43 FEET, THENCE 1400923109"W 137.75 FEET, THENCE
S89°57148"E 296.73 FEET, THENCE S00914'12"W. 137.71 FEET, THENCE
S00"04' 16"E 988. 19 FEET, THENCE N89"50.11 "W 839.55 FEET, THENCE
N00008'09"W 986.29 FEET TO THE P.O-B.; CONTAINING 19.98 ACRES MORE OR , .
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
EXHIBIT «E„ `
Page 4 of 7
Exhibit I
PARCEL #I : (CO BE REZONED TO RSF-7)
PART OF THE SWI /4 OF THIN NEt/4 OF SECTION l2, TI 6N, R31 W IN
WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF-SAID S W I/.4, NE 114 114ENCE
S8905T48"E 421 .61 FEET TO THE P.0.13., THENCE S89057'48"E 545.43 FEET,
THENCE SOUTH 551.01 FEET, THENCE WEST 544. 12 FEET, THENCE
N00°08'09"W 551.36 FEET TO THE P.O.B.; CONTAINING 6.89 ACRES MORE OR
LESS SUBJECJ TO EASEMENTS AND RIGHT OF WAY OF RECORD.
Mark Foster (Owner)
EXHIBIT "E„ }
Page 5 of 7
Ez6ibit 2
PARCEL 42: (TO BE REZONED TO RMF- 12)
PART OF THE S W I/4 OF THE NE1/4 'OF SECTION 12, T16N, R3 ( WIN
WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED .AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SAID S W 1/4, NEI/4 THENCE
S890ST48"E 421.61 FEET, THENCE S00�08'09"E 55136 FEET TO THE P.O-B., _
THENCE EAST 840.03 FEET, THENCE S00°04'16"E 437.33 FEET, THENCE
N89°50'11 "W 839.55. FEET;. THENCE N00008'09"W 434.93 FEED' TO THE P.O-B.;
CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY F RECORD.
Mari'Foster ( wner
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--- - ---..---- ......-. _ _. .. ... _ . . . . .. . .. . . _ _ . . __. _ _ .. . . . . .
EXHIBIT "E"
Page 6 of T
Exhibit 3
PARCEL #3: (TO BE REZONED TO C-t)
PART OF TETE SWIM OF THE NEI/4 AND PART OF THE NWl/4 OF THE NE 1/4
OF SECTION 12, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND
BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF
SAID SWI/47 NEI/4 THENCE S8905T48"E 967.04 FEET TO THE P.O.B., TI-ENCE
N00023'09"W 137.75 FEET, THENCE S89057148"E 296.73 FEET, THENCE
S0001412"W 137.71, THENCE S00004'16"E 550.86 FEET, THENCE WEST 295.91
FEET, THENCE NORTfC 551 .01 FEET, TO THE P.O_B.; .CONTAINING 4.67 ACRES
MORE OR LF SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.,
Mirk Fos (Owner)N.