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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