Loading...
HomeMy WebLinkAboutOrdinance 4966 Doc ID : 010844290005 TVDe : REL Recorded : 02/15/2007 at 01 : 22 : 38 PM Fee Amt : $20 . 00 Pane 1 of 5 Mashlnaton Countv . AR i Bette Stamoa Circuit Clerk Flle2007-00005766 ORDINANCE NO. 4966 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2336, FOR APPROXIMATELY 36.62 ACRES, LOCATED AT THE SOUTHWEST CORNER OF BROYLES AVENUE AND PERSIMMON STREET FROM R-A, RESIDENTIAL AGRICULTURAL, TO RSF-8, RESIDENTIAL SINGLE- FAMILY, 8 UNITS PER ACRE WITH THE ASSOCIATED 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 RSF-8, Residential Single-Family, 8 units per acre, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is y hereby amended to reflect the zoning change provided in Section 1 above. Section 3 : That this rezoning approval is subject to the Bill of Assurance offered by the Applicant as shown on Exhibit "C". „aunrnnrr PASSED and APPROVED this 2 day of January, 2007. � �. G\TY pF-. G� ,� APPROVE ATTEST: E ; FAYETTEVILLE ; a .��9sygRkANSQOJ�`,`� By: By: ftmpct� DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 06-2336 PART OF THE NW '/40F THE NE '/4 AND A PART OF THE NE 1 /4, OF SECTION 14, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOW: COMMENING AT THE NW CORNER OF SAID NW '/4, NE '/4 THENCE EAST 64.68 FEET, THENCE SOUTH 29.73 FEET TO THE P.O.B. , THENCE N89051 ' 1831E 2190.37 FEET, THENCE S37050' 57"E 118. 18 FEET, THENCE S52009 ' 03"W 62. 18 FEET, THENCE S37050957"E 100.00 FEET, THENCE S52009'03"W 302.78 FEET, THENCE S66057126"W 279.91 FEET, THENCE S860211349sW 468.74 FEET, THENCE S00008 '43"E 358. 87 FEET, THENCE S8905117W 1316.48 FEET, THENCE N00006'49"E 302.76 FEET, THENCE N00025 '00"E 589.47 FEET TO THE P.O.B. ; CONTAINING 36.62 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. r e . . 1 EXHIBIT "Be' RZN06-2336 SLOAN , BROYLES & PERSIMMON Close Up Wew ti �11Nkk2 Ilk - e Ilk I. t RSR4 r ull .rIt. RLLL SF 4 .I` I r I I I I ._ B Ilk I SUBJECT PROPERTY e R- If : : EelEX : Is ® , , X J�® © aFl .' r. r G , '::.. . 12 72 4 " RSF-4 oIlk® Ilk. q.g CJb 11N ® . �.. dy '1. : . .,� . 1 DYE kk ® Rs k. l p 9 l� m 33 RA let I ` n 1 \ f r l Ckkk�k!-IL� ki � . Overview Legend Z 000 00$ Overby D'sbict — FL00DWAY 500 YEAR (90 — 100 YEAR -- UMIT OF STUDY – – - BoseUm prone O Fayetteville QuWdo Ory wuas�z3a0 vecmcGDB.F001print-2(roa - Hi11514PHiIIIOp Overlay DlsWd 0 175 350 700 1,Os0 1.400 Feet BILL OF ASSURANCc FOR THE CITY OF FAYBTPEMIL 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"j _SLDAsI P17nPP�r lam . SNE . hereby voluntarily offers tiffs 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 adonowledges 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 Petitionees property shall be restricted as follows IF Petitioner's rezoning is. . approved by the Fayetteville City Council. , 1. The use of Petitioner's properly shall be limited to 2. Other restrictions including number and type of structures upon the . property are limited to W—oS -r L n m i ifEQ 7-a 14:9 LoYS 3. Specific activities will mot be allowed upon petitioners property include N�a4 4. (Arty other teims or conditions) MQ W V✓ fya•KApt T 5. Petitioner specifically agrees that all such restrictions and terms shalt rup with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville Qty Council. This Bill of Assurance strall be filed for record in the Washington County Circuit Clerk's Office after petitionds 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 WliliR F din �n�t lwith all the terms and conditions stated above I, 4/ �/rW as the owner, developer ar buyer (Petitioner) voluntarily offer all such assurances and sign my name below. 1 a/ v LLts Printed Name 133 j"lR3�uic Qasvi, 7a 0 -3 Z—a tore NOTARY OATH STATE OF ARKANSAS COUNTY OF WASW NGTON ) And h On this day oi�T 200-�Z appeared before me, V and after being pl upon his/her oath ore or affirmed that he/she agreed with the terns of the above Bill of Assurance and signed his/ e a e. NOT t7B C My cormtti ion Expires: S/ cLP �p�unninq�� . . . SO S 13 �C i . C :c4� 00TAgy w� =m i,��Z 'OI t��rP4,p Washington County, AR I :certify this instrument was fled :on 02/1,5/2007 01 :22:38 PM and recorded in Real Estate File Number 2007-00005766 Bette Stamps - Circu't . by . Oleo City of Fayetteville / / Z /07 Staff Review Form Li CJ� City Council Agenda Items 7 or1/�`O6'o?s33 ' Contracts 19-Dec-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 06-2336: (Sloan - Broyles and Persimmons, 479/515): Submitted by Jorgensen & Associates for property located at the southwest corner of Broyles Avenue and Persimmon Street. The property is zoned R-A, Residential Agricultural, and contains approximately 36.62 acres. The request is to rezone the subject property to RSF-8, Residential Single-Family, 8 units per acre. $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 Q 12 OE) Previous Ordinance or Resolution # n/a Depa ent Dire(%dDate Original Contract Date: n/a ;dl 06 /)tfu ! 4+ a (l L l /+-nJ-st� Original Contract Number: n/a City Attorney Received in City Clerk's Office N Finance and Internal Service Director Date Received in Mayor's Office 1 / 6 IN ED i Mayor Date Comments: 41V s g,041011AXl7t5 42/1/�� City Council Meeting of December 19, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Durnas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: December 1 , 2006 Subject: Rezoning for Sloan — Broyles & Persimmon (RZN 06-2336) RECOMMENDATION The Planning Commission recommended approval of the subject rezoning the 32.62-acre property from R-A to RSF-8 with the associated Bill of Assurance provided by the applicant. BACKGROUND The subject property contains approximately 36.62 acres and was part of the original piece of land annexed for the City's Westside Treatment Plant (a new wastewater treatment facility). This portion of the subject property will not be used for the wastewater treatment plant which will be located approximately a quarter-mile to the south. In the past year the City has entered into a contract to sell the property to the applicant. The site is currently under contract with the applicant. The site is located on the south side of Persimmon Street, between Broyles Avenue and 54th Avenue and zoned R-A. The Interim Future Land Use Plan identifies the property as Residential. As shown in Table 1, the property is undeveloped pasture and is surrounded by property that is rural residential or undeveloped, although two subdivisions have been recently approved to the west and east of the site. The Master Street Plan was amended in the past year to realign Persimmon Street, a Collector, through the property. Development of this property would facilitate the final phase of construction of Persimmon, connecting Double Springs Road to Shiloh/I-540. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF- 8, Residential Single Family — 8 units per acre. The request is subject to a Bill of Assurance offered by the applicant that limits the number of lots to 143 , a density of approximately 3 .9 units per acre. DISCUSSION This item was heard at the regular Planning Commission on November 27, 2006. The Planning Commission voted 8-0-0 to recommend approval of this rezoning request with the associated Bill of Assurance to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2336, FOR APPROXIMATELY 36.62 ACRES, LOCATED AT THE SOUTHWEST CORNER OF BROYLES AVENUE AND PERSIMMON STREET FROM R- A, RESIDENTIAL AGRICULTURAL, TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE WITH THE ASSOCIATED 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 . acre to RSF-8, Residential Single-Family, 8 units per acre, as shown on Exhibits "A" and `B" 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. Section 3 : That this rezoning approval is subject to the Bill of Assurance offered by the Applicant as shown on Exhibit "C". PASSED and APPROVED this—day of J 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2336 PART OF THE NW '/4 OF THE NE '/4 AND A PART OF THE NE 1/4, OF SECTION 14, TI 6N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOW: COMMENING AT THE NW CORNER OF SAID NW '/4, NE '/4 THENCE EAST 64.68 FEET, THENCE SOUTH 29.73 FEET TO THE P.O.B., THENCE N89°51 ' 18"E 2190.37 FEET, THENCE S37050' 57"E 118 . 18 FEET, THENCE S52609103"W 62. 18 FEET, THENCE S37050' 57"E 100.00 FEET, THENCE S52009503"W 302.78 FEET, THENCE S66057 '2693W 279.91 FEET, THENCE S86021 ' 34"W 468.74 FEET, THENCE S0000814393E 358 . 87 FEET, THENCE S89°51 ' 17"W 1316.48 FEET, THENCE N00006 '4933E 302.76 FEET, THENCE N00025 '0099E 589.47 FEET TO THE P.O.B. ; CONTAINING 36.62 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. _ .. . . .. . . .. EXHIBIT eeBee RZN06-2336 SLOAN , BROYLES & PERSIMMON Close Up View Fts l �; sy . Y Y( ,,1� Z't _.♦ 14 i i < aa �h 4A}\\� ! � �' 'SSr - r `"a+it ) rCe fid® I: 8r �✓ F ` \ \ r � ' �l _\ IF . 3 a % �`• a � . ♦ e IF ♦♦ a � ^ a Z f �I RSFA - IF - It ® f �',M. A FI, IF IF r • r - )i I R-aI. i1 IF f 1I,FIJI kl; �. r% I- 1 SUB fECT PROPERTY a , tq L, tR-a mress IF I \ ' ® '• ® ` _ FIFId P .. A. i m o- ♦ m rV OrV �b :R RS 9 tIF- 'r IFR FCB IF 9y�e.IF� . - . �$�'.71. \ . F9IF II t IF . . IF FF. 1i\ IF F. RA 3. .dddd 1 .. IF IF q ^.` . . IF,F . . } IF IF Ft } BOGaM O0. ' e � Overview Lagan . geeeQ Overlay U[ ct — ROOVR Y — 500 YEAR maoo — 100 YEAR -- UMIT OF STWY mel.imprattle O Fayetteville Outage Oty ® Rmwz73s ® ve<mr.GoaWoWni IM - Hesae-KRm Overlay OlsMa - 0 175 350 700 1.050 1.400 Feet EXHIBIT ..C.. .. . - � -Page I � ? BILL OF ASSURANCE FOR THE CITY OF FAYBTPfiV= 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") S LOA" Q1pE fiF= f ES . S N4 . . hereby voluntuVy offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkmm, The Petitioner wMreaaly 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 an 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 Petitiorwes property shall be rued as follows IF Petitioner's rezoning is, . approved by the Fayetteville City Council. L The use of Petitioner's properly shall be limited to SI Itk& �A+•1ttY �E�S+ n� AIA , Z Other restrictions including number and type of structures upon the property are limited to rg oa -r Lu sar7ao Ta 14 :g 3. Specific activities will not be allowed upon petitioner's property include WIA- 4. (Arty other terms or conditions) ND u :✓ i EXHIBIT, "C" -Page `auSa •' • \ U :. • SY ICY. :• ii. . : • • • 1 ! 1 n 1 .• •• i \ I - 1 J r I 1 \ • Y • - tu1II 1 - • • • +v• 1 1 . 1a- • • • 1 M • u le If •'•1•'J +•�effective1 •' •1•• 1.1 J III ••L. ..11 • • -••11' 11J /33rn&'k/1t4Vt , furs H NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHIINGTON ) And how art this the day of • 200_, appeared before mte, 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 above. NOTARY PUBLIC y Commission Expires: FayeLtev PC Meeting of November 27, 2006 ARKANSAS . 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 21, 2006 RZN 06-2336: (SLOAN / BROYLES & PERSIMMON, 479/515): Submitted by DAVE JORGENSEN for property located at the SOUTHWEST CORNER OF BROYLES AND PERSIMMON. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 36.62 acres. The request is to rezone the subject property to RSF-8, Residential Single Family, 8 units per acre. Property Owner: CITY OF FAYETTEVILLE Developer: SLOAN PROPERTIES, INC. Planner: ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested rezoning from R -A to RSF-8 with the associated Bill of Assurance based on the findings herein. BACKGROUND: Background: The subject property contains approximately 36.62 acres and was part of the original piece of land annexed for the City's Westside Treatment Plant (a new wastewater treatment facility). K:IReports120061PC Reportsll 1-27-061RZV 06-2336 (Sloan_Persimmon_Broyles).doc This portion of the subject property will not be used for the wastewater treatment plant which will be located approximately a quarter -mile to the south. In the past year the City has entered into a contract to sell the property to the applicant. The site is currently under contract with the applicant. Property Description: The site is located on the south side of Persimmon Street, between Broyles Avenue and 54th Avenue. It is zoned.R-A, although the Interim Future Land Use Plan identifies the property as Residential. As shown in Table 1, the property is undeveloped pasture and is surrounded by property that is rural residential or undeveloped, although two subdivisions have been recently approved to the west and east of the site. The City's new wastewater treatment plant is under construction approximately one -quarter mile to the south. The Master Street Plan was amended in the past year to realign Persimmon Street, a Collector, through the property. Development on this property would facilitate the final phase of construction of Persimmon, connecting Double springs Road to Shiloh/I-540 Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Rural Residential R -A South Undeveloped/Pasture R -A East Rural Residential (Approved Cross Ke s Phase II Subdivision RSF-4; R -A West Rural Residential (Approved Le ac Pointe Phase IV Subdivision RT-12 Proposal: The applicant proposes a rezoning of the 36.62 -acre property to RSF-8 for a single-family.. development with an associated Bill of Assurance to limit the total number of units to 143 for an approximate density of four units per acre. The applicant proposes the RSF-8 zoning to allow for reduced building setbacks (15' front, 5' side and rear) than those permitted within the RSF-4 zoning district (25' front, 8' side, 20' rear). • Recommendation: Staff recommends approval of the rezoning request with the associated Bill of Assurance. Development on this site will be regulated by the city allowing for a uniform and consistent development pattern, consistent with the adjacent developments and zonings. The RSF-8 designation allows the potential for a more traditional form of development with narrow lots and r.; homes closer to the street than would be allowed under a typical RSF-4 zoning. The Bill of Assurance limiting the property to approximately four units per acre helps ensure that the density would be compatible to surrounding developing subdivisions with an RSF-4 designation, and also helps ensure that impacts to surrounding infrastructure and public services would not be significant. INFRASTRUCTURE: Streets: The site has access to Persimmon (Collector), Broyles (Collector), and 54`" Avenue (Principal Arterial). Improvements to the adjacent streets will be evaluated at the time of development. K:IRepora120061PC Reporall1-27-061RZN 06-2336 (Sloan_Persimmon_Broyles).doc Water: Public water is located adjacent to the site. There is a 12" waterline along Persimmon and along Broyles. Water service will need to be extended through the property at the time of development. Sewer: Sanitary sewer is available adjacent to the site. Sewer service will need to be extended within the property at the time of development. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main will need to be studied at the time of development Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 36.62 acres are covered by Engine 7 located at 835 N Rupple Road. The property is 1.4 miles from the station with an expected response time of 4.25 minutes. The Fire Department anticipates 30 (19 EMS — 11 Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. There is no measured hydrant flow in the area. 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 be no adverse effects on call volume or response time to this development. Police: It is the opinion of the Fayetteville Police Department that this annexation 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: The Interim Future Land Use Plan adopted as part of the City Plan 2025 designates this site Residential, and the Sector Map does not identify this site as an infill or growth sector. Rezoning this property to RSF-8 with the associated Bill of Assurance to limit the total number of units to 143 (density of four units per acre) is compatible to the surrounding density of adjacent residential development and consistent with the surrounding land uses. The RSF-8 zoning would.allow fora more traditional form of residential development with narrower. lots. and buildings ... closer to the street. This would allow for a mix of lot sizes in an area that currently has a number of standard suburban neighborhoods, consistent with the City Plan 2025 policies. The Bill of Assurance would ensure that the overall density would be compatible, and that impacts to infrastructure would be limited. FINDINGS OF THE STAFF 1. 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: The proposed RSF-8 zoning for single-family residential use with the associated Bill of Assurance limiting the property to 143 units (four units per acre), is K'IReporls120061PC Reporrsll I-27-06VRZN 06-2336 (Sloan_Persimmon_Broyles).doc compatible with adjacent and nearby single family residential land use while promoting a variety of lot sizes and development patterns. This property was purchased by the City and annexed in 1999 — 2000 for the new wastewater treatment plant. In 2004, several surrounding properties in the area were annexed into the City as part of individual development proposals. Therefore, it has only been recently that the properties in this vicinity have begun to develop. These developments include residential subdivisions zoned RSF-4 (maximum four units per acre) and being developed to the east and west of the property (Legacy Point Subdivision Phase IV and Cross Key subdivisions). The 36.62 -acre tract is currently zoned R -A, inconsistent with the Interim Future Land Use Plan showing Residential. Residential development on this property at a density of approximately four units per acre is appropriate in this developing area. Development of this property will provide an improved east - west street linkage and connectivity between two new subdivisions. The RSF-8 zoning will allow for a mix of residential housing types in a more traditional design and the opportunity for narrow lots and houses closer to the street, consistent with land use planning policies. 2. A determination of whether the proposed zoning is justified and/or needed at the :time the rezoning is proposed. , Finding: The proposed zoning is justified in order to promote •orderly and consistent • . development patterns making use of existing infrastructure. A subdivision with. density compatible to those surrounding subdivisions within the City could not: be developed as it is currently zoned. 3. ; A. determination as to whether the proposed zoning would create or appreciably -increase traffic danger and congestion. Finding: The proposed zoning will provide additional traffic on the surrounding street system including Persimmon Road, 541h Avenue, Broyles Avenue and Wedington Drive.(S.tate Highway 16). However, the amount.ortraffrc generated by the development of a maximum 143 lots can be managed with proportional improvements. Persimmon and Broyles are Collector Streets, and 541h Avenue is a Principal Arterial street which will be improved to carry large volumes of traffic east -west and north -south. The Fayetteville Police Department finds that rezoning this property will not result in an appreciable increase in the level of traffic danger and congestion in the area. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. K:IReporis120061PC ReportV 1-27-061RZN 06-2336 (Sloan_ Persimmon_Broyles).doc Finding: The proposed zoning would increase population density. Under the current zoning, approximately 18 units could be constructed on the subject property. Under the proposed RSF-8 zoning district with the associated Bill of Assurance, a total 143 units could be constructed on the property. Rezoning the property increases the possible number of residential units and population than that which would be allowed in the current zoning districts, but is consistent with land use, zoning, and development patterns in the immediate vicinity. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. Significant adverse impacts to public services would not result with the incorporation of standard improvements as part of the development. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as.to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. H I . K:IReports120061PC Reports 111-27-06Vt7NV 06-2336 (Sloan_Persimmon_Broyles).doc FAYETTEVILLE UNIFIED DEVELOPMENT CODE 161.03 District R -A; Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (I) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings. Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. t2 C' -wide usesb conditional use unit t 4 Cultural and recreational facilities t 20 E Commercial recreation, lac a sites t 24 Home occu ations t 36 Wireless communications facilities (C) Density. Units per acre 1 One-half (D) Bulk and area regulations. i• , Lot width minimum - 200 R Lot Area Minimum: Residential: Nonresidential 2 acres 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front I Side I Rear 35 ft. 12011. I35 ft. (F) Height requirements. There shall be no maximum height limits in the A -I District, provided, however, that any building which exceeds the height of 15 feet shall besetback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747,6-29-70; Code 1991, § 160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31- 99) 161.09 District RSF-8, Residential Single - Family —8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Units . Single-family dwellings. (2) Conditional uses. Unit 2 City-wide uses -ti yconditional use permit Unit 3 Public protectionand utility facilities Unit 4 Cultural and recreational facilities Unit -Two-family dwellings• Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. - B• Ri ht - ..7Cond7itionalse: •�.: Single-family dwelling . units per acre 8 or less Two-family dwelling units — 7er acre (D) . Bulk and area regulations. (1) Lot width minimum. le-famil 50 ft.famil 5ot.nhouse, no more than two hed F 25 ft. Kr tReportsl20061PC Reportstl t-27-061RZN06-2336 (Sloan_Persimmon&oyles).doc (2) Lot area minimum. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. (3) Land area per dwelling unit. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (E) Setback requirements. Front Side Rear 15 ft. 5ft. . 5ft. (F) Height regulations. Ii Building height maximum 45 ft. • (G) Building area. The area occupied by all • buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. _ _ • (Ord. 4783, tat8-05) K:lReporls120061PC Rep oraill-27-06IRZN 06-2336 (Sloan_ Persimmon_Broyles).doc 11/20/2005 14:38 FAX 4795824807 JORGENSEN & ASSOC + CHARLIE SLOAN ro00 4 ) - • BILL OF ASSURANCE FOR THE CITY OF FAYETTEVfl.L6, 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") S L OA4J PRoP t1 ES .X N 4-. . .., hereby voluntarily offers thin 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. 1i1Tj .t. s fif' • J Iio ii J I ea. I �J :.tiPg.j:n . • • 1 • 1 • • . 1 • 'r. r• 1 1 • ,• Is rL 3. Specific activities will not be allowed upon petitioners property include 4. (Any other terms or conditions) ND W t✓ UUAHL1E JLUAN 5. Petitioner specifically agrees that all such restrictions and tenns 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 Clerks 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. • J 1 .124 335 ,V9)- ?Pic QuuL tr'AIZ_ 71?03 Printed Name tnre NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON J And now on this the day of . 200 appeared before me, 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 above. NOTARY PUBLIC My Commission Expires: ' UU1 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. CHRISTOPHER B. BRACKETT, P.E. 10/18/06 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Planning Dept Re: Rezoning of "City" Property Attached herewith please find the application and documents needed for the above referenced rezoning. This property is located south of Persimmon Street and West of Broyles Road and is currently zoned R -A. The request is to rezone to RSF-8. The reason for this request is to allow for reduced setbacks (5' side & 15' front). The RSF-8 zoning would allow for 8 lots per acre which would yield 293 lots. However, the developer is willing to submit a bill of assurance that would limit the amount of lots to 145. The property to the north is zoned R -A, to the east is R -A, to the south is R -A and to the west is RSF-4 & R -A. This property will be served by an 8" waterline located on 54th Street and on Persimmon Street. Sewer is available at the northeast corner. Also, the new treatment plant will be located to the south. Persimmon Street will be relocated to the south through this property and will be dedicated as a 70' Right of Way. Fire protection will be from the new station located on Rupple Road. This rezoning request will allow the developer to provide houses that will be more affordable. Please review this information and call concerning any questions you may have. Thank you. David Jg' nsen, P.E. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING Fayetteville Fire. Department RZN 06-2336 (Sloan/Broyles & Persimmon) These 33.43 acres are covered by Engine 7 at 835 Rupple Road. It is 1.4 miles from the station with an expected response time of 4.25 minutes. The Fire Department anticipates 30 (19 EMS —11 Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. There is no Measured Hydrant Flow in this area. The service impact of the development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. Feel free to contact me if you have any questions concerning any of these comments L6a4 Dale Riggins Fayetteville Fire Department ,'vdii/6 aaM0 pu��lc cor���tN eaat Jut*e Jrt- mom. a z ✓�. Ji 01s\►�maa0rdA cw:vJa:+ 111'111'1[• RZN06-2336 Close Up View iv A RSF 44 � X ' v.Yr. . y r ry1 SLOAN. BROYLES & PERSIMMON ?SF -4 .,S 7 SUBJECT PROPERTY q,.• 2 x B PSF-4 O B ® l� RSF-4 ® R.A [� N X a® RA 0 BOGAN OR' Overview Legend g 0008 Overlay District a0008 — FLOODWAY -- 500YFAR —100 YEAR---LIMITOF STUDY — — - Baseline Profile O Fayetteville 0 Desme aty RZNO6-2336 tI vector.GDB.Footpnnt_2004 K66ide-Hflhtop Overlay Dishict 0 175 350 700 1,050 1,400 Feet 1 , RZN06-2336 SLOAN, BROYLES & PE RSIMMON One Mile View -O .Ii% M!'CINDYHOfto - ..- a-. 1. . .3 +a ' ♦ by , - "7! s ♦ RSFJ " - w •t£�li .S . �i� as .'f ♦ _.� �+t✓4. ..l 1 <N.F'��•� t 9 < W V -J • h 'art I \ ___ Y5M1 M0___ pq \� v: t d Ritr l vf'J7 �: f e r w i - ,a 4 trzLL 2_•sI R$Fd fL 111,E<\-_aJ.fI.ma �t n"n[ :Y 2 Tf �� {4 �ti. �' Ja ca. ' 12 . 11 _ 2 .RSF1 „ 5i R ,. a 0.d d. RA IR-G 1] RSF-4 T ' �,, . "., C2 1 • SFJ -Ir 0.-A 1� RSFI I L 21 `:.. ♦ _ II: I R -A L -� j d " 2 I I I R-0 .I '; R-0 - VI $ fY Cam' 1 II RSFi I I 1 G1 rRD Tw ti 1 Q RSF I I, � SUBJECT PROPERTY ,. I,- RPID �.� , I I i `x P 5 MN _ r. __ 1. + i ��� i.RSF- RSF< RSFs Ijfl[_I. `-•,� _ <. i . v d - IJ vai i — •��.11 r aoGANl]R 1 ; _ SHAIQILDR_: _____ _ � J 1 �11 --ter 2_ I I! I.. r3ELLFRs — —!�I rr J r I . J• ♦ !!! � 0. 1• If 1 .tc;'_gTa!a.aJiJ:m LLO I rl Overview Legend Boundary _ '"---- Subject Property �- ��� Planning Area ® RZN06-2336 o °°° o ONenay Oistnd 000000 Outside City Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les From: Clarice Pearman To: Pate, Jeremy Date: 1.3.07 1:37 PM Subject: RZN 06-2336 Jeremy, f I don't know if you noticed or not but the Bill of Assurance isn't notarized. Are we getting an original that is notarized? Thanks. Clarice 4 Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us From: Clarice Pearman To: Pate, Jeremy Date: 1.16.07 4:29 PM Subject: Ord. 4966 Attachments: 4966 RZN 06-2336.pdf CC: Audit; GIS Jeremy, Attached is a copy of the ordinance that was passed by City Council, January 2, 2007. rezoning RZN 06-2336. Please let me know if there is anything else needed. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us NORTHWEST ARKANSAS EDITION • Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4966 Was inserted in the Regular Editions: January 25, 2007 Publication Charge: $84.40 Subscribed acid sworn to before m Thi day o ZG 2007. f F F y� ORDINANCE NO.4969 y N 4 190 !'ye�! •,ORDINANCE"REZONING THAT PROPERTY BED IN REZONING PETITION R7N Ofi 2936 -• - Notary Public My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 RECE%VED JAN 292001 CCICLERK'S FFiC T( . 3OUTHWEST CORNER:OF BROYLES AVENUE 14 / 'j%t T _ 1.11 :PERSIMMON STREET FROM R-A.'!RESIDEN-. / ARKANSAS = i AGRICULTURAL, TO RSF-6, RESIDENTIAL _ LE -FAMILY, 8 UNITS PER ACRE WITH THE )CIATED BILL OF ASSURANCE , IT ORDAINED DY.TNE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ANSASI ��q r .r:'.1 .� •'-5.'3.; �. Y'�'fEf, rn..i .J,II:J �il`.IF" - in 1: That the zone classification of the folbwing described property is hereby changed as fol- ,5 J. p I'1' a.W\ .55Y vW - ' . .t*,.. . RA. Residential Agricultural to RSF-8, Residential Single -Family, 8 units per acre, as shown on Hs."Aand "B" attached hereto and made a part hereof. t 1n 2: z zoning g the official zoning in map coon 1City b of Fayetteville, Arkansas is hereby amended to thie at the rezoning zoiprovided al is uib1 above.' �:.,ra m.3: chi it' rezoning approval is subject to the Bill of Assurance offered by the Applicant as i•on Fxhibit'C".' - - a •• •�.• ."r ••. f , ' lED mid APPROVED this 2nd day of January, 2007.`!' OVED: ATTEST: GOODY, Mayor — - "^SONDRA SMITH, City CIertmeasurer 14. ,. .. y,rr' r.E .....,a .. • .ap >, A RZN 06 2336 • $.i OF THE NW 114 OF THE NE 1/4 AND A PART OF THE NE 1/4, OF SECTION 1QT16N, R31 W SHINGTON COUNTY, ARKANSAS AND BEING EESCRIBEDAS FOLLOW: COMMENING AT 4W CORNER OF SAID NW 114, NE 1/4 THENCE EAST 64.68. FEET, THENCE 118.1$ 29.73' TO THE P.O6.. THENCE Nli9°51'18'E 2190.37 FEET, THENCE S...THE57"E 118.18 FEET, CE 352°0903"W 62,18 FEET, THENCE ET. THENCE ' 100.00 FEET,. THENCE $52°09'03"W 9 FEET, THENCE ET, 26-W 279.91 FEET, 586°2234'W 34'W 468.74 FEET, THENCE 843-E 35887 FEET THENCE Si HE' 1316.48 FEET, THENCE 2 49E 302.76 THENCE N0 1"E 589.47 FEET TO THE RO.D.: CONTAINING 36.62 ACRES MORE OR SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.) r.,. n{+5: