HomeMy WebLinkAboutOrdinance 5274 ►►trill►iutitiiitiiti►►itt►►►►►tt►uiti�t►t►ti►►itit►►►►tt►►►tt�ttit�t►►►itt►
Doc ID : 013099150005 Type : REL
Kind : ORDINANCE
Recorded : 10/05/2009 at 08 : 45 : 19 AM
Fee Amt : $35 . 00 Peae 1 of 5
Mashinoton Countv . AR
Bette Stews Circuit Clerk
Fi192009-00031833
ORDINANCE NO, 5274
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 09-3394, FOR APPROXIMATELY 1 ACRE,
LOCATED AT 20139 2025, 2037, AND 2049 BOX AVENUE FROM RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO RMF-6,
RESIDENTIAL MULTI-FAMILY, 6 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:
From RSF-4, Residential Single-Family, 4 units per acre to
RMF-6, Residential Multi-Family, 6 units per acre as
shown on Exhibits "A" and "B" attached hereto and made a
part hereof.
Section 2: That the zoning is subject to the Bill of Assurance offered by the applicant
and shown as Exhibit "C" 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.
RK/TRE9S,,�
.•�\SY Oc .Gp
PASSED and APPROVED this 15'h day of September, 2009. ;
; FAYETTEVILLE •
APPROVED: ATTEST: =y •.9 p� �;
%sy� RKANS .pJ`�,.
'00,,NG70tA
By: By: ABlIWc�
WONFkD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN09-3394 S $ M/ BOX AVE .
Claso Up View
$. • � S;'�•�C y cF
� • < ``if4�T' R �. P C
r �t✓Yn Y'�1' � � Y
G'
SUBJECT PROPERTY
�x
I 6k
ell-
116
o
v. C¢Etd51.:. A
5.
� I �
ct y.y A..�� �, is �',� •
i
Ilkklk
S
ovamew
0 75 150 300 450 500
Feet
Page 3
Ordinance No. 5274
EXHIBIT "B"
RZN 09-3394
ALL OF LOTS 2 & 3 OF THE BOX RESIDENTIAL LOT SPLIT RECORDED AS FILE
#2007-40820 IN THE CIRCUIT CLERK' S OFFICE OF WASHINGTON COUNTY,
ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 ; THENCE
NO2033158"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 2 & 3, A DISTANCE
OF 190.82 FEET TO THE NORTHWEST CORNER, OF THE ABOVE SAID LOT 2;
THENCE S87029' 50"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 2; A
DISTANCE OF 239.39 FEET TO THE NORTHWEST CORNER OF THE ABOVE SAID LOT
2; THENCE S02°33 '58"W, ALONG THE EAST LINE OF THE ABOVE SAID LOT 2 & 3, A
DISTANCE OF 190.82 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT
3 ; THENCE N87°29' 50"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 3, A
DISTANCE OF 239.39 FEET TO THE POINT OF BEGINNING AND CONTAINING 45,679
SQUARE FEET OR 1 .05 ACRES, MORE OR LESS.
EXHIBIT "C"
Page 4
Ordinance No. 5274
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the N.
owner, developer, or buyer of this property, (hereinafter "Petitioner") S & M. LLC, hereby
voluntarily offers this 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 teems of this Bill of Assurance in the 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 reasonably 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 Petitioners
property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville
City Council.
1 . The use of Petitioner's property shall be limited to the Permitted Uses and Conditional
Uses as described in a RSF-4 zoning district. Use Unit 8 (Single Family Dwellings), Use Unit 9
(Two Family Dwellings) and Townhomes with no more than two units per lot. NQ other
residential development will be allowed.
2. Other restrictions including number.and type of structures upon the property are
limited to the following: The total maximum density shall remain at four units per acre.
3. Specific activities will not be allowed upon petitioner's property include the
following: NIA. '
4. No other terms or conditions are applicable to this rezoning request.
5. Petitioner specifically agrees 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 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.
EXHIBIT "C" Page 5
Ordinance No. 5274
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, S ' n 4 CC as the owner, developer or buyer
(Petitioner) voluntarily offer all such assurances and sign my name below.
0 /
q.
bPJ' 27. rsrj/pLI A QAK-.✓c S
Date /R� Printed Name
49 ,/V x
Address
. �Zn q� Signature
l J NOTARY OATH
a
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON }
And na ovnn t is eeday of '� 2009, appeared before me,
�`i' Ary Public, and hher 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:
om
vwccurft
wwsl
I ..
Washington County, AR
I certify this instrument was filed on
10/05/2009 08:45:19 AM
and recorded in Real Estate
File Number 2009-000318
Bette Stamps - CircuitI
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/15/2009
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 09-3394: (Box, 372): Submitted by H2Engineering, Inc. for property located at 2013, 2025, 2037, and 2049 Bax
Avenue. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 1
acre. The request is to rezone the subject property to RMF-6, Residential Multi-Family, 6 units per acre.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
co1. 41 .LY >1 Previous Ordinance or Resolution #
Departfi?eq Dir or Date
Original Contract Date:
-(A Original Contract Number:
City Attorney n Date
lO-A Q � . $ ' IV? , 2W9
Finance and Internal Services Director Date Received in City
Clerk's Office
&-Or
AIM AL� Uko- -
Ch ief of S ff Date
Received in
Mayors Office J``0
ay 'r ate
Comments:
Revised January 15, 2009
City Council Meeting of September 15 , 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Jeremy C. Pate, Development Services Director
From: Data Sanders, Current Planner
Date: August 26, 2009
Subject: Rezoning for Box Avenue (RZN 09-3394)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-family to RMF-6, Residential Multi-Family, 6 dwelling
units/acre, located at 2013 , 2025, 2037, and 2049 Box Avenue.
BACKGROUND
The subject property contains 1 .05 acres and is located north of the intersection of
Mission Boulevard and Box Avenue, east of Crossover Road. In October of 2007 the
Planning Commission approved a lot split to create three (3) tracts of 0.42, 0.52 and 0. 52
acres and a conditional use permit to allow for the development of two-family dwellings
on two (2) of the created lots.
The applicant proposes to rezone the two lots that have been developed for duplexes from
RSF-4, Residential Single Family, 4 dwelling units/acre to RMF-6, Residential Multi-
family, 6 units per acre, in order to permit the existing duplexes to be further subdivided
into separate lots and sold individually. With the rezoning request, the applicant has
offered a Bill of Assurance that is designed to restrict the use and density of the property
to that which already exists — four (4) dwelling units per acre and no more than two (2)
dwelling units per lot.
DISCUSSION
This item was heard at the regular Planning Commission meeting on August 24, 2009.
The Planning Commission voted 9-0-0 to forward this rezoning request to the City
Council with a recommendation for approval.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3394, FOR
APPROXIMATELY 1 ACRE, LOCATED AT 2013, 2025, 2037,
AND 2049 BOX AVENUE FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE, TO RMF-6,
RESIDENTIAL MULTI-FAMILY, 6 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:
From RSF-4, Residential Single-Family, 4 units per acre
to RMF-6, Residential Multi-Family, 6 units per acre as
shown on Exhibits "A" and "B" attached hereto and made
a part hereof.
Section 2 : That the zoning is subject to the Bill of Assurance offered by the applicant
and shown as Exhibit "C" 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.
PASSED and APPROVED this day of 12009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerUl'reasurer
1
{. Y
r w �
u � r
� t
f l y s n 4 yt Gke 5 , YS .,p
7
EXIIIBIT " B"
RZN 09-3394
ALL OF LOTS 2 & 3 OF THE BOX RESIDENTIAL LOT SPLIT RECORDED AS FILE
#2007-40820 IN THE CIRCUIT CLERK' S OFFICE OF WASHINGTON COUNTY,
ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 ; THENCE'
NO2033 ' 58"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 2 & 3. A DISTANCE
OF 190.82 FEET TO THE NORTHWEST CORNER, OF THE ABOVE SAID LOT 2 ;
THENCE S87029150"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 2 ; A
DISTANCE OF 239.39 FEET TO THE NORTHWEST CORNER OF THE ABOVE SAID LOT
2; THENCE S02°33 ' 58"W, ALONG THE EAST LINE OF THE ABOVE SAID LOT 2 & 3, A
DISTANCE OF 190.82 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT
3 ; THENCE N87°29'50"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 37 A
DISTANCE OF 239.39 FEET TO THE POINT OF BEGINNING AND CONTAINING 45,679
SQUARE FEET OR 1 .05 ACRES, MORE OR LESS.
EXHIBIT "C"
BILL OF ASSURANCE
FOR THE CITY OF FAYE TTEVILLE, 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 & M. LLC, hereby
voluntarily offers this 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 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 Favetteville City Council will reasonably rely upon all of the
terns and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by [tic Fayetteville
City Council.
1 . The use of Petitioner's property shall be limited to the Permitted Uses and Conditional
Uses as described in a RSF-4 zoning district Use Unit 8 (Single Family Dwellings), Use Unit 9
(Two Family Dwellings) and Townhomes with no more than two units per lot. No other
residential development will be allowed
2. Other restrictions including number and type of structures upon the property are
limited to the following: The total maximum density shall remain at four units per acre
3. Specific activities will not be allowed upon petitioner's property include the
following: N/A.
4. No other terms or conditions are applicable to this rezoning request.
5. Petitioner specifically agrees that all such restrictions and terns 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 Petitioncrs rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioncrs property.
