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Home My WebLink AboutOrdinance 5418 Doc ID: 014137780005 Type: REL Kind: ORDINANCE Recorded: 08/02/2011 at 12:09:48 PM Fee Amt: $35.00 Pace 1 of 5 Washington County. AR Bette Stamps Circuit Clerk File2011-00021543 ORDINANCE NO. 5418 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3824 (SUMMIT PLACE), FOR APPROXIMATELY 30.13 ACRES, LOCATED EAST OF THE INTERSECTION OF COLLEGE AND TOWNSHIP AVENUES FROM RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION SUBJECT TO A BILL OF ASSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section I. Section 3: That this property is subject to a Bill of Assurance offered by the property owner and runs with the land,which limits the use of the property to exclude duplexes and multi- family dwellings and the number of single family lots to 125 as shown in Exhibit "C" attached hereto and made a part thereof. PASSED and APPROVED this 5th day of July, 2011. APPROVED: ATTEST: By: By: KONELD JO , Mayor SONDRA E. SMITH, City Cler read,,, bly =U• FAYETTEVILLE° • os ,�+ys.9RKArsSP J�� EXHIBIT "N' RZN11-3824 SUMMIT PLACE Close Up View CA - -- J 3 RMF J I 1 1 SUBJECT Ph'OPEI�TY Y I � > C4T DR I} i. PEEL ST J Ci - LMNDY FALL ST z 3 ¢ rc = a r.•..r rnS.•r na.n.r.a••.rn ly � m --- Y OVERCRESTST !i rc G a: 7. z ZFiz W= N yL ELMST= < m� a- z u. '�J w• i �$Fi ELM ST Legend > - -- r Mufti-U ,Trail utrn a rails WINBAUGH LN � RZN1 -3824-777 Footprints 2010 _ Hillside-Hilltop Overlay District Design Overlay Di rtrict Design Overlay Di Arict ------ Planning Area 0 200 400 600 1,200 1,600 Fayetteville Fee, EXHIBIT `B" RZN 11-3824 Lots 1 through 31 and Lots 33 through 54, Final Plat of Summit Place Subdivision, Fayetteville, Arkansas as per the final plat on file in plat book 23A at page 321 of the records of the Circuit Clerk and Ex-Officio of Washington County,Arkansas. Subject to covenants, casements, and right-of-ways of record. EXHIBIT "C" 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") �.� Inne�en,�• -rte 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 ally 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 l hp_ A4 cyd / , —Or 2. Other restrictions including number and type of structures upon the property are limited to_ 02 P3` q/ — 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 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 WI VESS WHF.E EOF and in agreement with all the terms and conditions stated above, I, ras the owner, developer or buyer (Petitioner}voluntarily offer all Ach assurances and sign my name below. -� �.df6C— dyl Date Printed Name Addres�y., igna NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And now on this the day of NA d-1 20K appeared before me, 1 �b � _ i-„�. a Notary Public, and a$being a ng pb laced upon his/her oath swore or affirmed�he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. ._ NOTA UBL� My Commission Expires: �} ,�tt1N11ttt��i Z a n N&rA a r �$ y2f y =� Washington County,AR I certify this instrument was filed on 08/02/2011 12:09:48 PM and recorded in Real Estate File Number 2011-00021543 Bette Stamps.Circuit Clerk 9�v City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/5/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP/SUMMIT PLACE, 329): Submitted by TMS DEVELOPEMENT for property located east of intersection of COLLEGE AND TOWNSHIP AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 30.13 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Cost of this request Category f 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 �b06 Previous Ordinance or Resolution# Dent - ctor Date ' Original Contract Date: �'ti't _ _ ��" �. • 201k Original Contract Number: City Attorney Date �Te c" - 6-ao -zctl Finance and Internal Services Director Date Received in City Clerk's Office � �dll Ch o St Date Received in Mayor's Office o 1 M or Da e Comments: Revised January 15,2009 dv ayeeTHECITYOFFoY"' VILLE,ARKANSAS DEPARTMENTS 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: June 17,2011 Subject: RZN 11-3824 (Summit Place) RECOMMENDATION Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation subject to a Bill of Assurance that would not permit duplexes or multi-family dwellings and would limit the total number of single family lots to 125, a gross density of four units per acre. BACKGROUND The property is zoned Residential Single-Family Four Units Per Acre (RSF-4), and contains 30.13 acres located approximately 500 feet east of College Avenue on the south side of Township Street. The site is within the Hillside Hilltop Overlay District(HHOD), is heavily wooded and contains significant topography change.The site transitions from 1,310 feet above mean sea level (AMSL) in the northwest corner to a hilltop located at 1,500 feet AMSL in the southeast corner of the site, an elevation change of approximately 200 feet. Slopes vary in percent gradient from 10%to greater than 20%. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots, a density much less than allowed under the current zoning. Access is only currently available from Township Street, though a street stub-out has been constructed to eventually connect further to the south. The request is to rezone the property from RSF-4, Residential Single Family Four Units per Acre, to NC, Neighborhood Conservation.The applicant has offered a Bill of Assurance that would not permit duplexes or multi-family residences and a limit of 125 single family lots, a gross density of four units per acre. The applicant has stated that the intent is to re-plat the Summit Place subdivision for smaller single family lots than permitted by the underlying RSF-4 zoning district, but maintaining the same relative density as RSF-4 permits. DISCUSSION On June 13, 2011 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 6-0-0. At the Planning Commission meeting four property owners in the vicinity objected to the proposed rezoning discussing concerns with traffic, erosion, and compatibility with surrounding neighborhoods. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3824 (SUMMIT PLACE), FOR APPROXIMATELY 30.13 ACRES, LOCATED EAST OF THE INTERSECTION OF COLLEGE AND TOWNSHIP AVENUES FROM RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation, 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 of the property to exclude duplexes and multi- family dwellings and the number of single family lots to 125 as shown in Exhibit "C" attached hereto and made a part thereof. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "N' RZN11-3824 SUMMIT PLACE Close Up Wow 61 — ��k1N8EUf16E4Fk=."— I � � I IL SUBJECT PROPERTY I �• Y I i IJ - _'- N • I .� ' it .,y - CaT DR 1 I 11 PEEL ST � I - I Z � � o -�' WINDY HILL ST p I S 61 rc = Q •.n r.n n\I�.H�u q.ru nano m i OVERCRESTST a' co, ELM sT ur d� !1,18F�f - - ELM ST Legend -......-i. IVIuNW Trall 10,# sfiirig) A -� WINBAVGH LN ._1 tore rails ® RZN1 -3824 ,,,Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di Arict Design Overlay Di itrict ------ Planning Area 0 200 400 S00 1.200 1,600 Fayetteville r"l EXHIBIT"B" RZN 11-3824 Lots 1 through 31 and Lots 33 through 54, Final Plat of Summit Place Subdivision, Fayetteville, Arkansas as per the final plat on file in plat book 23A at page 321 of the records or the Circuit Clerk and Ex-Officio of Washington County, Arkansas. Subject to covenants, easements, and right-of-ways of record. EXHIBIT "C" 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 bu er of this property, (hereinafter "Petitioner") -77- _,Qay hereby voluntarily offers this Bill of Assurance and enters MO 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 i f _ Lx tJcS�-n — 2. Other restrictions including number and type of structures upon the property are limited to �2 rj- - ' ,JjQ(Q-ddto�lr4P 3, Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions)