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HomeMy WebLinkAboutOrdinance 5469 Doe ID: 014400830006 Type: REL Klnd: ORDINANCE Recorded: 03/24/2012 at 03:23:36 PM Fee Amt: $40.00 Pace 1 of 6 Wash lnoton Countv. AR Bette Stamps Circuit Clerk Flle2012-00002071 ORDINANCE NO. 5469 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3960, FOR APPROXIMATELY 8.60 ACRES, LOCATED AT 1730 NORTH OLD WIRE ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, SUBECT TO A BILL OF ASSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single-Family, 4 units per acre, to NC, Neighborhood Conservation, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Section 3: That this property is subject to a Bill of Assurance offered by the property owner and runs with the land, which limits the use of the property to exclude duplexes and multi- family dwellings and the number of single family lots to 50 as shown in Exhibit "C" attached hereto and made a part thereof. PASSED and APPROVED this 20th day of December, 2011. APPROVED: ATTEST: r By: / tr`By: ` IS'�` �it(.Y/!LC/ 5 ��/N' �s�acrrrrereteo LI / E D JO AN ayor SONDRA E. SMITH, City Clerk/Tre�,F: 3�''0,, M1 s e :FAYETTEVILLE; a s o � •,fid'°9:pkANSA�'° EXHIBIT "A" RZN11-3960 WILLIAMS & COOPER Close Up View � 6 i; z i'! SUBJECT PROPERTY Ask sr- - - me w i R9F•0 BROgO R7 ��FK'OR w w 4 U i$ Legend Multi-Use Trail (Existing) o o 0 0 _ Future TrailsE _ Fayetteville Aity Limits oR GAIN bM2UPZN11-3960 Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 125 250 500 750 1,000 ------ Planning Area Feet EXHIBIT t°B" RZN 11-3960 Page 1 of 2 LEGAL DESCRIPTION: PARCEL: 765-13432-000 PART OF THE SOUTHEAST (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 3, IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; TO-WIT; BEGINNING AT A POINT 660 FEET WEST OF THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING WITH A FENCE EAST 443.4 FEET; THENCE NORTH 0°10' WEST 542 FEET TO A FENCE; THENCE WITH FENCE WEST 439.4 FEET; THENCE SOUTH 0°10' WEST 542 FEET TO THE POINT OF BEGINNING. ALSO, A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 3, TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS A STRIP OF LAND 41.5 FEET WIDE NORTH AND SOUTH, FURTHER DESCRIBED AS BEGINNING AT A POINT 660.4 FEET WEST AND 242 FEET NORTH OF THE SOUTHEAST CORNER OF SAID 80 ACRE TRACT; THENCE NORTH 41.5 FEET; THENCE WEST 851.6 FEET TO CENTER LINE OF OLD WIRE ROAD; THENCE SOUTHWESTERLY WITH CENTERLINE OF SAID ROAD TO A POINT DUE WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING. AND A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION THREE (3) TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT 660 FEET WEST AND 283.5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID 80 ACRE TRACT, AND THENCE NORTH 260 FEET; THENCE WEST 663.6 FEET, MORE OR LESS TO THE CENTER LINE OF OLD WIRE ROAD THENCE SOUTHWESTERLY WITH THE CENTER LINE OF SAID OLD WIRE ROAD 328 FEET, MORE OR LESS, TO A POINT DUE WEST OF THE BEGINNING POINT; THENCE EAST 853 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING FOUR AND FIVE-TENTHS (4.5) ACRES, MORE OR LESS. LESS AND EXCEPT PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) AND PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION THREE (3), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT; FROM THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 114) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION THREE (3) TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, PROCEED WEST, 1049.00 FEET, THENCE NORTH 00 DEGREES 10 MINUTES 00 SECONDS EAST 292 FEET, TO THE POINT OF BEGINNING, THENCE WEST 456.09 FEET TO A POINT IN THE CENTERLINE OF OLD WIRE ROAD, THENCE ALONG SAID CENTERLINE NORTH 36 DEGREES 03 MINUTES 15 SECONDS EAST 154.62 FEET, THENCE DEPARTING SAID CENTERLINE EAST 365.46 FEET, THENCE SOUTH 00 DEGREES 10 MINUTES 00 SECONDS WEST 125.00 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 1.179 ACRES, MORE OR LESS, ALL IN WASHINGTON COUNTY, ARKANSAS AND SUBJECT TO A ROAD EASEMENT ALONG THE WEST SIDE AND AN EASEMENT FOR A GAS LINE AS SHOWN. AND, LESS AND EXCEPT PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) AND PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION THREE (3), TOWNSHIP 16 NORTH RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT; FROM THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 3, TOWNSHIP 16 NORTH, RANGE 30 WEST, PROCEED WEST, 1,049.00 FEET, EXHIBIT"B" RZN 11-3960 Pace 2 of 2 THENCE NORTH 00 DEGREES 10 MINUTES 00 SECONDS EAST 417 FEET, TO THE POINT OF BEGINNING, THENCE WEST 365.46 FEET CO A POINT IN THE CENTERLINE OF OLD WIRE ROAD, THENCE ALONG SAID CENTERLINE NORTH 36 DEGREES 03 MINUTES 15 SECONDS EAST 154.62 FEET, THENCE DEPARTING SAID CENTERLINE EAST 274.82 FEET, THENCE SOUTH 00 DEGREES 10 MINUTES 00 SECONDS WEST 125.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.918 ACRES, MORE OR LESS ALL IN WASHINGTON COUNTY, ARKANSAS AND SUBJECT TO A ROAD EASEMENT ALONG THE WEST SIDE AND AN EASEMENT FOR A GAS LINE AS SHOWN. EXHIBIT ITCH Page 1 of 2 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE,AR.K.ANSAS In order to attempt to obtain apprumal of a request for a zoning reclassilication. [lie owner. developer. or buyer of this property, (hereinafter "Petitioner") W'-Bar Imestments. LLC, horebN voluntarily offers this Rill of Assurance and enters into this binding agreement and contract with the City of Fa%ctteville. 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 N1'ashington County and aerces that il'Petitioner or Petitioner's heirs,assigns. or successors violate any term of this Rill of Assurance, substantial irreparable damage justifying injunctive relief has been dune to the citizens and Cit% of FaCcrle%ille. Arkansas. 77te Petitioner acknowledges that the Fayetteville Platting Commission and the Fayetteville City Council will reasonable rely uptm all of the terms and conditions within this Rill 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 ibliotvs IF Petitioner's rezoning is approved by the Fa\elleville City Council. I. The use of Petitioner's property shall be limited to Single Family Detached units. Muhi Fainity and or Duplex units w ill not be allowed. Other restrictions including number and type ol' structures upon the property are limited to a maximum of 50 single fatnilN lots with no more than two stories. d. Specific activities will not be allowed upon petitioner's propetn include the deN eiopment and or construction of-Multi Family and or Duplexes. q. (Any other ternis or conditions) None. i. Petitioner specifically agrees that all such restrictions and terms shall run with the land and hind all future owners unless and until speeilicalN released by Resolution of the Fa%eueville City Council. This Rill of Assurance shall be filed for record in the Washington County Circuit C'lerk's Office after Petitioner's rezoning is effective and shall he noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. EXHIBIT rrC° Page 2 of 2 IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above. I. Jackson Williams. as the owner, developer or buyer (petitioner) voluntarily offer all such assurances and sign my name below. /0 - l2 -- ( I �tiat5�,., �J. cl was Date Printed Name P,v, Ro x 3Co to Address -72 7vz tn,� NOTARY OATH STATE OF ARKANSAS .ss COUNTY OF�4 r And ni.m on this the I2kday of —LLLL, leer . 2011. appeared before me. a Notary Public. and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill or Assurance and signed his/her name above. NOTARY PUBLIC My Commission Expires: ID 3l V1 Washington County, AR strument was filed on I ceAify this in 0112412012 0323.38 PM and recorded in Real Estate File Number20`12-00002071 ircuit clerk Bette Stamp RECEIVED October 31, 2011 NOV 0 1 2011 CITY OF FAYETTEW LE City Council CITY CLERKS OFFICE Fayetteville Arkansas 113 W Mountain Street Fayetteville, Arkansas 72701 Dear City Council Members, Re-zoning request RZN 11-3960: Rezone (1730 N Old Wire Road/Williams & Cooper, 369) appeared before the Fayetteville Planning Commission on Monday, October 24, 2011. The Planning Commission voted 4-3 to approve this re-zone, but five or more votes are required for the re-zone to be automatically forwarded to the City Council for approval. The intention of this letter is to formally appeal the request to rezone the 8.6 acres located at 1730 N Old Wire Road from its current RSF-4 zoning to Neighborhood Conservation with a bill of assurance that prohibits attached and multi-family dwellings and limits the number of single family homes to no more than 50. This rezone request was submitted following an extensive review of the City Plan 2025, Future Land Use Plan, Master Street Plan and Zoning maps. This rezone was presented to the Fayetteville Planning Commission with the City Planning Staff's support and recommendation for approval. Your thorough consideration of this request would be appreciated as it is believed that this rezone meets all of the guidelines set forth for land development under the plans referenced above. Please contact Jackson Williams 479.841.3639 or Tim Cooper 479.2336.6629 with any questions you may have regarding this rezone. Sincerely, Ja son Williams jj� ari- acarclf � a. ilk t ►� �!I I CC n, , (1111/2011 Lisa Branson -Re: Appeal RZN 11-3960 Ofd Wire Rd. Williams &Cooper Seite 1 From: Jeremy Pate To: Branson, Lisa CC: Garner, Andrew; JACKSON.WILLIAMS@SBCGLOBAL.NET Date: 11/1/20113:46 PM Subject: Re: Appeal RZN 11-3960 Old Wire Rd. Williams &Cooper Lisa, Andrew will prepare the necessary background information for this appeal and submit it to your office by the next request deadline. That places this item on the December 06 City Council meeting. thanks, Jeremy Jeremy C. Pate Development Services Director City of Fayetteville, Arkansas >>> Lisa Branson 11/1/2011 1:59 PM >>> Jeremy, Attached is an appeal letter regarding Rezoning request RZN 11-3960: (1730 N Old Wire Road/Williams & Cooper). Will you please let me know if you will be providing back up information regarding the appeal and what City Council agenda date this will be on? Thanks, Lisa Lisa Branson Deputy City Clerk City of Fayetteville 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 Ibranson@ci.fayetteville.ar.us TDD (Telecommunications Device for the Deaf): (479) 521-1316 a e Lvoile THE CITY OFFAYETTEVILLE,ARKANSAS YDEPARTMENT CORRESPONDENCE S 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: October 25, 2011 Subject: RZN 11-3960 (1730 N. Old Wire Road) RECOMMENDATION On October 24, 2011 The Planning Commission voted 4-3-0 to forward the subject item to the City Council with a recommendation for approval (Commissioners Hoskins, Griffin, and Honchell voted "no", Commissioners Earnest and Bunch were absent). This rezoning request failed to the receive five (5) positive votes necessary to be forwarded to City Council. The applicant has appealed the Planning Commission's decision to the City Council. Staff recommends approval of an ordinance to rezone the subject property from RSF-4, Residential Single-Family, 4 dwelling units per acre, to NC, Neighborhood Conservation, subject to a Bill of Assurance that would limit the total number of dwellings to 50 and restrict the use to single family detached dwellings. BACKGROUND The property is zoned Residential Single-Family Four Units Per Acre (RSF-4), and contains 8.6 acres located at 1730 Old Wire Road. The site contains a single family home and pasture with access to the home off of a long driveway to Old Wire Road. The site is surrounded by three existing neighborhoods and undeveloped property including the Regency Estates Neighborhood to the north, Spring Creek North Addition to the cast, Ramsey Addition to the south, and undeveloped single family out-lots on Old Wire Road to the west. Access to this property is available from Old Wire Road, Samantha Avenue to the north, Charlee Avenue to the east, and Ramsey Avenue to the south. The western portion of the property adjacent to Old Wire Road is located within the floodplain of Niokaska Creek. 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 50 single family lots, a gross density of 5.8 units per acre. The applicant has stated that the intent is to develop the property for smaller single family lots than permitted by the underlying RSF-4 zoning district and in a traditional pattern. DISCUSSION Fourteen members of the public spoke at the October 24, 2011 Planning Commission meeting with comments centered around traffic congestion, pedestrian and vehicular safety, home values, and local flooding problems. The unofficial draft meeting minutes are included in this staff report. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3960, FOR APPROXIMATELY 8.60 ACRES, LOCATED AT 1730 NORTH OLD WIRE ROAD FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, SUBECT 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, 4 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 50 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 "A" RZN11-3960 WILLIAMS & COOPER Close Up View rc � G iD j' ?filiir ' fr w: SUBJECT PROPERTY r a a -' sy i _- ril ui�. Irl, i RSFd iy eRogo P4 •. 1, W i tOR � w II J ' 4 Le1 zgend J f,t Multi-Use Trail (Existing) o o Future Trails5 Fayetteville gity Limits C�N09 LjQ ZN11-3960 ® Footprints 2010 - Hillside-Hilltop Ov rlay District Design Overlay Di .trict Design Overlay Di ,trict I 121 200 100 100 1,000 ------ Planning Area Feet