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:
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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
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EXHIBIT "A"
RZN11-3960 WILLIAMS & COOPER
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GAIN
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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
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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