HomeMy WebLinkAboutOrdinance 5445 Doc ID' 014266590009 Type: REL
Kind: ORDINANCE
Recorded: 10/21/2011 at 01:19:17 PM
Fee Amt: $55.00 Pace 1 of 9
Hashinoton Countv. AR
Bette Stamps Circuit Clerk
File2011-00029646
ORDINANCE NO. 5445
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3866, FOR APPROXIMATELY 28.93
ACRES, LOCATED AT 2013 EAST MISSION BOULEVARD FROM R-PZD,
RESIDENTIAL PLANNED ZONING DISTRICT (RPZD 06-2299 RUSKIN
HEIGHTS), TO CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD
CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS/ACRE, SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
zone classification of the following described property from R-PZD, Residential Planned Zoning
District 06-2299 Ruskin Heights to CS, Community Services; NC, Neighborhood Conservation;
and RSF-4, Residential Single-Family, 4 units per acre, as shown on Exhibits "A" and `B"
attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Section 3: That this property is subject to a Bill of Assurance offered by the property
owner and runs with the land, which limits the use and density of the property as shown in
Exhibit"C" attached hereto and made a part thereof.
PASSED and APPROVED this 4h day of October, 2011.
APPROVED: ATTEST:
By: tG �' _ �( By: Qfi nc�tom :
LIO LD J , Mayor SONDRA E. SMITH, City Clem`,�RK/TR' ''.,,
;rJ
:FAYETTEVI LLE:
;,y�;.9,S,kANSPy J�'3
°'.�,o;;�GTON
EXHIBIT "A"
RZN11-3866 RUSKIN HEIGHTS
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,Footprints 2010
CS, Com unity Services (7.13 acres)
- Hillside-Hilltop Overlay District NC, Neighborhoo I Conservation (16.83 acres)
Design Overlay Di trict RSF-4, Residential Single Family Fou r Units Per Acre(4.96 acres)
Design Overlay Di&ict
------ Planning Area
0 zoo 400 600 1,200 1,600
Fayetteville Feet
EXHIBIT `B"
RZN 11-3866
Page 1 of 3
LEGAL DESCRIPTION: COMMUNITY SERVICES "AREA 1
A PART OF THE SE1/4 OF THE SWI/4 AND A PART OF THE SWIA OF THE SEI/4 OF
SECTION 2, T-16-N, R-30-W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SEI/4,
SWI/4, THENCE S87°32'34"E 660.00 FEET, THENCE NO3°38'07"E 441.29 FEET, THENCE
NO3043'13"E 201.84 FEET TO THE P.O.B., THENCE NO3°43'13"E 91.83 FEET, THENCE
NO3042'38"E 417.42 FEET TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS HIIGHWAY
45 (MISSION BLVD) THENCE ALONG SAID RIGHT-OF-WAY N69°23'34"E 249.34 FEET,
THENCE ALONG A CURVE TO THE RIGHT 108.99 FEET, SAID CURVE HAVING A
RADIUS OF 970.00 FEET AND A CHORD BEARING AND DISTANCE OF N72036'42"E
108.93 FEET, THENCE ALONG A CURVE TO THE RIGHT 335.03 FEET, SAID CURVE
HAVING A RADIUS OF 978.84 FEET AND A CHORD BEAGING AND DISTANCE OF
N85038'10"E 333.40 FEET, THENCE S01°04'05"W 12.27 FEET, THENCE S86°22'14"E
166.88 FEET, THENCE S03°35'31"W 52.51 FEET, THENCE S29°39'59"W 198.65 FEET,
THENCE N88012'58"W 191.48 FEET, THENCE S09°15'37"W 90.52 FEET, THENCE
S63052'00"W 117.08 FEET, THENCE S65°15'19"W 105.97 FEET, THENCE S42°52'30"W
104.57 FEET, THENCE S28-15'21"W 126.68 FEET, THENCE S80°27'37W 232.53 FEET TO
THE P.O.B. CONTAINING 7.13 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT-OF-WAY OF RECORD.
LEGAL DESCRIPTION: RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE
"AREA 2":
A PART OF THE SEI/4 OF THE SW1/4 AND A PART OF THE SWI/4 OF THE SEI/4 OF
SECTION 2, T-16-N, R-30-W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SE1/4,
SW1/4, THENCE S87°32'34"E 660.00 FEET, THENCE S87°31'58"E 657.93 FEET, THENCE
NO3045'46"E 491.63 FEET, THENCE S85°48'23"E 422.74 FEET, THENCE NO3029'46"E
606.14 FEET TO THE P.O.B., THENCE N85°59'44"W 123.24 FEET, THENCE N59°37'43"W
189.62 FEET, THENCE N29°39'59"E 91.56 FEET, THENCE NO3°35'36"E 50.56 FEET TO
THE SOUTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY 45 (MISSION BLVD),
THENCE ALONG SAID RIGHT-OF-WAY S86028'21"E 252.00 FEET, THENCE
S03029'46"W 219.46 FEET TO THE P.O.B. CONTAINING 1.22 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD.
EXHIBIT "B"
RZN 11-3866
Paee 2 of 3
LEGAL DESCRIPTION: NEIGHBORHOOD CONSERVATION "AREA 3":
A PART OF THE SETA OF THE SW1/4 AND A PART OF THE SWI/4 OF THE SE1/4 OF
SECTION 2, T-16-N, R-30-W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SEI/4,
SWIA, THENCE S87°32'34"E 660.00 FEET, THENCE S87°31'58"E 657.93 FEET, THENCE
NO3045'46"E 491.63 FEET,THENCE S85°48'23"E 422.74 FEET, THENCE NO3°29'46"E
606.14 FEET, THENCE N85°59'44"W 123.24 FEET, THENCE N59°37'43"W 48.28 FEET TO
THE P.O.B., THENCE S30°58'43"W 249.83 FEET, THENCE N59°11'32"W 114.32 FEET,
THENCE S30017'20"W 99.57 FEET, THENCE N70°02'28"W 115.43 FEET, THENCE
S45050'43"W 244.27 FEET, THENCE S23°37'24"W 56.87 FEET, THENCE N74°41'46"W
134.40 FEET, THENCE N28°15'21"E 126.68 FEET, THENCE N42°52'30"E 104.57 FEET,
THENCE N65015'19"E 105.97 FEET, THENCE N63°52'00"E 117.08 FEET, THENCE
N09015'37"E 90.52 FEET, THENCE S88012'58"E 191.48 FEET, THENCE N29°39'59"E 106.90
FEET, THENCE S59°37'43"E 141.34 TO THE P.O.B. CONTAINING 2.56 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD.
LEGAL DESCRIPTION: NEIGHBORHOOD CONSERVATION "AREA 4":
A PART OF THE SEI/4 OF THE SW1/4 AND A PART OF THE SWI/4 OF THE SEI/4 OF
SECTION 2, T-16-N, R-30-W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SEI/4,
SWI/4, THENCE S87°32'34"E 660.00 FEET, THENCE S87°31'58"E 367.85 FEET TO THE
P.O.B., THENCE Nl 10 19'02"W 128.71 FEET, THENCE S77°56'44"W 86.21 FEET, THENCE
N85000'50"W 70.46 FEET, THENCE N35018'19"W 44.34 FEET, THENCE N15°52'10"E 50.93
FEET, THENCE N26001'06"E 76.20 FEET, THENCE N35°29'48"E 94.06 FEET, THENCE
N12032'12"E 97.53 FEET, THENCE NO1°04'52"E 87.70 FEET, THENCE N05°35'35"W 169.55
FEET, THENCE S74°41'46"E 134.40 FEET, THENCE N23°37"24"E 56.87 FEET, THENCE
N45050'43"E 244.27 FEET, THENCE S70002'28"E 115.43 FEET, THENCE N30°17'20"E 99.57
FEET, THENCE S59011'32"E 114.32 FEET, THENCE N30058'43"E 249.83 FEET, THENCE
S59037'43"E 48.28 FEET, THENCE S85°59'44"E 123.24 FEET, THENCE S03°29'46"W 606.14
FEET, THENCE N85°48'23"W 422.74 FEET, THENCE S03°45'46"W 491.63 FEET, THENCE
N87031'58"W 290.08 FEET TO THE P.O.B. CONTAINING 12.51 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD.
EXHIBIT `B"
RZN 11-3866
Page 3�of 3
LEGAL DESCRIPTION: RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE
"AREA 5":
A PART OF THE SEI/4 OF THE SW OF SECTION 2, T-16-N, R-30-W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS; COMMENCING AT
THE SW CORNER OF SAID SE1/4, SWI/4, THENCE S87°32'34"E 660.00 FEET TO THE
P.O.B., THENCE NO3°38'07"E 441.29 FEET, THENCE NO3°43'13"E 201.84 FEET, THENCE
N80027'37"E 232.53 FEET, THENCE S05°35'35"E 169.55 FEET, THENCE S01-04'52"W
87.70 FEET, THENCE S12°32'12"W 97.53 FEET, THENCE S35°29'48"W 94.06 FEET,
S26001'06"W 76.20 FEET, THENCE S15°52'10"W 50.93 FEET, THENCE 935°18'19"E 44.34
FEET, THENCE S85°00'50"E 70.46 FEET, N77056'44"E 86.21 FEET, THENCE S11°19'02"E
128.71 FEET, THENCE N87°31'58"W 367.85 FEET TO THE P.O.B. CONTAINING 3.74
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD.
LEGAL DESCRIPTION: NEIGHBORHOOD CONSERVATION "AREA 6":
A PART OF THE SEI/4 OF THE SW OF SECTION 2, T-16-N, R-30-W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS; COMMENCING AT
THE SW CORNER OF SAID SEI/4, SWI/4, THENCE S87°32'34"E 660.00 FEET, THENCE
NO3038'07"E 441.29 FEET TO THE P.O.B., THENCE N87°33'26"W 135.00 FEET, THENCE
NO3042'40"E 80.00 FEET, THENCE N87033'28"W 175.00 FEET, THENCE NO3°42'40"E
212.30 FEET, THENCE S87°48'42"E 310.08 FEET, THENCE S03°43'13"W 293.67 TO THE
P.O.B. CONTAINING 1.76 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT-OF-WAY OF RECORD.
EXHIBIT "C"
M 11-3866
Pagel 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, developer, or buyer of this property, (hereinafter "Petitioner")
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 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 Petitioner's
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 uses and densities as shown and
described in the attached"Exhibit A" and "Exhibit B".
2. Other restrictions including number and type of structures upon the property are
limited to
3. Specific activities will not be allowed upon petitioner's property include
4. (Any other terms or conditions)
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
EXHI BIT "C"
RZN 11-3866
Page 2 of 4
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.
IN WITNESS EREOF and in agreement with all the terms and conditions stated
above, I, 64,j , as the owner, developer or buyer
(Petitioner) voluntarily offer all uch assura ces and sign my name below.
Chris Elkins
Date Printed Name
VP of Commercial Relationship Management
Address
-
Signature
NOTARY OATH
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON )
And now on this the day of 2011, appeared before me,
r: a Notary Public, andafter 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:
�,.PG�N`HUDGF
SAap�PRy PU�
ARKANSAS 5
EXHIBIT "C"
RUN 11.3866
Page 3 of 4
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�.�..��.«.,..: ��R:..�� .•.,.•..:,..,,.1,,.•..�...,.,.,. BFF. LLC _ l o
Exhibit"A'to Bill Assuranoe
EXHIBIT "C"
RZN 11-38M
Page 4 of 4
Zoning: Community Services:Area 1
The following uses shown in Chapter 161.19 of the City of Fayetteville's Zoning Regulations
SHALL NOT be allowed in the area shown on the Rezoning Plat(Exhibit A) as Community
Services:
- Unit 4: Cultural & recreational facilities, everything excluded
except churches.
- Unit 18: Gasoline stations & drive—in/drive through restaurants.
- Unit 3: Public protection and utility facilities.
- Under Use Unit 14, Hotel, motel and amusement services:
Everything is permitted except Hotel & Motel.
- Under Use Unit 16, Shopping Goods:
Transportation Services.
- Unit 17: Transportation, trades & services.
- Unit 28: Center for recycle materials.
- Unit 34: Liquor stores.
- Unit 35: Outdoor music establishments.
- Unit 36: Wireless communication facilities.
- Unit 42: Clean technologies.
Zoning: Neighborhood Conservation:Area 3-6
The areas shown on the Rezoning Plat(Exhibit A)as Neighborhood Conservation SHALL BE
LIMITED TO the following uses and densities:
1. Area 3 (2.56 acres): Max Density of 10 units/acre
a. Permitted Uses
• Unit 8: Single-family dwellings
• Unit 9: Two-family dwellings
b. Conditional Uses
• Unit 10: Three-family dwellings
• Unit 24: Home occupations
2. Area 4&Area 6(14.27 acres): Max Density of 6 units/acre
a. Permitted Uses
• Unit 8: Single-family
Edilbit V'to Bill of Assurance
Washington County,AR
I certify this instrument was filed on
10/21/2011 6:19:17 PM`
and recorded in Real Estate
File Number 2011-00029646
Bette Stamps• Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/20/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3866: (2013 E. Mission Blvd./Ruskin Heights, 370/371): Submitted by Jorgensen &Associates for property
located at 2013 East Mission Boulevard. The property is zoned R-PZD, Residential Planned Zoning District and
contains approximately 28.93 acres. The request is to rezone the subject property to CS, Community Services; INC,
Neighborhood Conservation; and RSF-4, Residential Single-Family, 4 units per acre, subject to a Bill of Assurance.
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
d14l.'ta 1 t Previous Ordinance or Resolution#
Departm Director Date
Original Contract Date:
I( Original Contract Number:
City Atiorn y Date
x Q
Finance and Internal Services Director Date Received in Citt 9_C 1 _j 1 P0 4 20 RCVD
I�jClerk's Office
Chief of f£ Date
Received in
Mayor's Office
M or sate
Comments:
Revised January 15,2009
e�� O(-\ S2corJ �`,P_C P(r Cnk -Vhf-
Ta7y e eve le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
Afl KAN SAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: August 30, 2011
Subject: RZN 11-3866 (Ruskin Heights)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to rezone the property from R-PZD,
Residential Planned Zoning District to CS, Community Services; NC, Neighborhood Conservation; and RSF-4,
Residential Single-Family, 4 units per acre, subject to a detailed Bill of Assurance offered by the applicant.
BACKGROUND
The subject property consists of approximately 28.93 acres located on the south side of Mission Boulevard
(State Highway 45), approximately 0.5 miles west of Crossover Road. On March 20, 2007 the City Council
approved the Ruskin Heights Residential Planned Zoning District on the subject property (R-PZD 06-2299).
The property was originally zoned RSF-4, Residential Single Family Four Units Per Acre. The R-PZD zoning
permitted a total of 295 attached and detached dwellings as well as 58,500 square feet of non-
residential/commercial space. As part of the PZD approval a preliminary plat was approved for 68 lots.
Construction permits for the preliminary plat was approved and a majority of the infrastructure for these 68 lots
was installed. The final plat was never completed and the construction permits and the PZD have expired.
The applicant proposes to rezone the approximately 28.93-acre property from R-PZD 06-2299 Ruskin Heights
to the following zoning districts:
■ CS, Community Services (7.13 acres)
■ NC, Neighborhood Conservation (16.83 acres)
■ RSF-4, Residential Single Family Four Units Per Acre (4.96 acres)
A survey and legal descriptions showing the various areas to be rezoned is attached. The applicant has offered a
Bill of Assurance along with this rezoning request that would limit the uses and density of various areas of the
site.
DISCUSSION
This item was tabled at the three Planning Commission meetings (July 11`h, July 25`h, and August 81h) to give
the applicant time to work with the surrounding neighborhood. The applicant conducted two neighborhood
meetings outside of the regular Planning Commission meetings. After significant discussion, on August 22,