HomeMy WebLinkAboutOrdinance 5506 Doc
Kind: OI0:RDINA01NCE4680680005 Type: REL
Recorded: 07/10/2012 at 10:02:34 AM
Fee Amt: $35.00 Pape 1 of 5
Washington Countv. AR
Bette Stamps Circuit Clerk
Flle2012-00019913
ORDINANCE NO. 5506
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 12-4077, FOR
APPROXIMATELY 2.37 ACRES, LOCATED ON HALSELL
ROAD FROM C-PZD, COMMERCIAL PLANNED ZONING
DISTRICT, TO RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE, SUBJECT TO THE OFFERED 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 C-PZD, Commercial Planned
Zoning District to 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 the zoning change is subject to the Bill of Assurance offered by the
applicant and hereby accepted by the City Council of the City of Fayetteville, as shown on
Exhibit "C".
PASSED and APPROVED this 19th day of June, 2012.
APPROVED: ATTEST:
i r
By: t1 / By:
ELD JO , ayor SO RA E. SMITH, City Clerk/Tre p�'""`PF"rjt
ZzIC/TRr�
c ;FAYETfEVILL�y
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EXHIBIT "A"
RZN12-4077 PRATT PLACE INN
Close Up View
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RSF4
SUBJECT PROPERTY
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0
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MARKHAM RD
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6WnRZN 12-4077
- Footprints 2010
- Hillside-Hilltop Ovi rlay District
Design Overlay Di trict
Design Overlay Di 5trict
0 75 150 300 Oso 600
------ Planning Area Feet
EXHIBIT "B"
RZN 12-4077
PROPERTY TO BE REZONED:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TOWIT:
BEGINNING AT A POINT WHICH IS NO2047'27"E 426.73' FROM AN
EXISTING ALUMINUM MONUMENT MARKING THE SOUTHWEST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE NO2047'27"E 215.00'TO AN
EXISTING REBAR, THENCE S87°21'57"E 481.92' TO AN EXISTING P/K NAIL,
THENCE S03047'10"W 215.00', THENCE N87°22'16"W 478.19' TO THE POINT OF
BEGINNING, CONTAINING 2.37 ACRES MORE OR LESS.
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
owne developer, b r of this property, (hereinafter "Petitioner")
hereby voluntarily offers this Bill of
ce and enters into this binding agreement and contract with the City of Fayetteville,
kansas.
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
2. Other restrictions including number and type of structures upon the property are
limited to
3. pect activt s vn not e aaallowed upon petitioner's property include
4. (Any other terms or conditions) y �ir yi ��� 4LZSLP
Ile
1 of 2
EXHIBIT "C"
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 SS V4MREOF and in agr ent with all the terms and conditions stated
above, I, as owner developer or buyer
(Petition untarily offer all uch assurances and sign my name a ow.
Date Printed Name
Address
/anere��
NOTARY OATH
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON }
?D/d
And now on this the _'� day of 1✓1.-26@'7, appeared before me,
7o-r%, Woj% �Taeler a Notary Public, and Wer 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 '�,i•/(`-�7"'
My Commission Expires:
8-a - Ain
TANDI L.TAYLOR
Washington County
Notary Public-Arkansas
My Commisison Expires:Aug.2,2016
2of2
Washington County, AR
I certify this instrument was filed on
07/10/2012 10:02:34 AM
and recorded in Real Estate
File Number 2012-00019913
Bette St; C'p rcuit Clerk
by ���
01/29/2010 10:19 2461427 JULIAN ARCHER PAGE 02/02
Tuesday, April 24, 20 12
Mr. Jcssc Fulchor
Planning Division
City of Fayetteville, AR
Dear Mr. Fulcher,
We would like to appeal the decision of the Fayetteville Planning
Commission at its April 23, 2012, meeting in regards to our rezoning request
(RZN 12-4077). Kindly forward this request to the City Clerk and ask that
this matter be put on the Fayetteville City Council agenda at the earliest
possible date.
mc
Julian gdDane Axch�ei wners
2115 West Markhari�'F2oad
Fayetteville, AR 72701
Tel_ and fax 582-5443
bP111 CCAs
Tuesday, April 24, 2012
Mr. Jesse Fulcher
Planning Division
City of Fayetteville, AR
Dear Mr. Fulcher,
We would like to appeal the decision of the Fayetteville Planning Commissions at its April 23,
2012, meeting in regards to our rezoning request (RZN 12-4077). Kindly forward this request to
the City Clerk and ask that this inatter be put on the Fayetteville City Council agenda at the
earliest possible date.
Sincerely,
Julian and Jane Archer, owners
2115 West Markham Road
Fayetteville, AR 72701
Tel. and fax 582-5443
Tae eville THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
nnanmsns
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: April 26,2012
Subject: RZN 12-4077 (Halsell Road/Pratt Place Inn)
RECOMMENDATION
Planning staff recommends approval of an ordinance to rezone the subject property from C-PZD, Pratt Place Inn to
RSF-4, Residential Single-family, 4 units per acre. A recommendation by the Planning Commission to forward the
request to the City Council failed.
BACKGROUND
The property is zoned Commercial Planned Zoning District (CPZD) and contains approximately 2.37 acres.
Staff is reviewing a property line adjustment that will create the lot configuration being rezoned. The site is
undeveloped with access to Halsell Road and is within the Hillside/Hilltop Overlay District. The property is part
of an approximately 72-acre property know as Pratt Place Inn located at the top of Markham Road.
The City Council rezoned the property to C-PZD in 2005 (Ord. No. 4786) to allow the property owners to
operate an inn and restaurant, activities hall and parking lot for social events such as weddings and receptions.
The CPZD approval also included a maximum of four residential dwelling units, three existing residences and
one proposed innkeeper's residence. The Pratt Place Inn development is to the south of the property proposed
for rezoning and well separated by a dense stand of mature trees. Access from this property to the Pratt Place
Inn is not available.
DISCUSSION
On April 23, 2012 a recommendation by the Planning Commission to forward the rezoning request to the City
Council failed by a vote of 2-6-0 (Commissioners Honchell and Noble voted yes). The applicant has appealed this
decision to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 12-4077, FOR
APPROXIMATELY 2.37 ACRES, LOCATED ON HALSELL
ROAD FROM C-PZD, COMMERCIAL PLANNED ZONING
DISTRICT, TO RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE, SUBJECT TO THE OFFERED 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 C-PZD, Commercial Planned
Zoning District to 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 the zoning change is subject to the Bill of Assurance offered by the
applicant and hereby accepted by the City Council of the City of Fayetteville, as shown on
Exhibit "C".
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN12-4077 PRATT PLACE INN
Close Up View
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R8f.4
SUBJECT PROPERTYJ;�
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MARKHAM RD
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LUJR
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ZN 12-4077
- Footprints 2010
- Hillside-Hilltop Overlay District
Design Overlay Di trict
Design Overlay Di trict
0 75 150 300 450 600
------ Planning Area Feet
EXHIBIT "B"
RZN 12-4077
PROPERTY TO BE REZONED:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TOWIT:
BEGINNING AT A POINT WHICH IS NO2047'27"E 426.73' FROM AN
EXISTING ALUMINUM MONUMENT MARKING THE SOUTHWEST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE NO2047'27"E 215.00'TO AN
EXISTING REBAR,THENCE S87°21'57"E 481.92' TO AN EXISTING P/K NAIL,
THENCE S03047'10"W 215.00', THENCE N87°22'16"W 478.19' TO THE POINT OF
BEGINNING, CONTAINING 2.37 ACRES MORE OR LESS.
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
owne developer, jy buyer of this property, (hereinafter "Petitioner")
hereby voluntarily offers this Bill of
cc and enters into this binding agreement and contract with the City of Fayetteville,
kansas_
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 ,/'-t.--7 . #
2. Other restrictions including number and type of structures upon the property are
limited to irri,n //
3 Soecr activz j s vel not be allowed upon petitioner's property include
A I 11 �7 I i %III fL
•r"
I of 2
EXHIBIT "C"
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.
N WI , SS WIJEREOF and in agre ment with all the terms and conditions stated
above, I, as owner developer or buyer
(Petition untarily offer all uch assurances and sign my name a ow.
Date
ZT /JLJ,94% chQ?
Printed Name
Address
d4�
7O/ 6Giaturc
NOTARY OATh
STATE OF ARKANSAS }
} .ss
COUNTY OF WASIIINGTON }
do/a
And now on this the __Q_ day of mcu, ,-2899, appeared before me,
7, d; fP gl, buy/e r , a Notary Public, and aiter 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:
TANDI L. TAYLOR
Washington County
Notary Public -Arkansas
My Commisison Expires: Aug. 2, 2016
2 of 2
12/05/2009 22:41 2461427 JULIAN ARCHER PAGE 02/02
a
March 13, 2012
ro the City of Fayetteville Development Services Department:
This note is in response to your request for a written explanation of
my request for rezoning and a three lot split of a portion of Parcel # 765-
14525-000. My wife, Jane, and I are the owners of this parcel which is held
in the name of ArchertLC. We have been owners since 1979 and prior to
that it was owned.by my mother. It was zoned R-1 until about 2006 when it
was incorporated into the Pratt Place Inn PZD which includes about 70
acres. Under the existing zoning, nothing can be done with this property.
Anyone familiar with Pratt Place Inn and Barn knows how much effort, time
and treasure we have put into keeping Sassafras Hill (Markham Hill) looking
natural. We are requesting a rezoning to R-4 of about one half of this parcel,
or about 2.4 acres, so we can do a lot split of the portion of the parcel
fronting on Halsell Road to the north. The split would be into three lots
making each lot about .80 acres, far larger than the lots permitted under R-4
zoning. -
If approved, this will create three residential lots which will carry the
same protective covenants that were used in our nearby Bois d'Arc
subdivision. While rezoning and the lot split will add three family homes to
the neighborhood and the automobiles these three families will operate, its
impact will be minimal considering the number of houses which could be #
built on this acreage. The house size requirements, building material
choices, and setbacks will enhance the entire neighborhood in the same way
that Bois d'Arc has done. And, obviously, the three houses will add to the
tax revenue for the county. I
As well as I can determine from city plats, there is water and sewer in
Halsell Road. It seems there is an 8" sewer line and a 2" water line which
becomes 8" at the point where Halsell turns north and becomes Sang.
Furthermore, there are electric and phone lines along Halsell.
S' rel ,
u Ian Arch r - 7 4
2115 West Markham Road
Fayetteville, AR 72701
Tel. and fax 479 582-5443
DEC -02-1998 16:50 PRUDENTIAL WINDMILL RLTY
501 442 `J422 F'. bZ/2.3
c'
FILED pop, fl:o3j
'93 DEC 2 F..,,) 10 0,
DECLARATION rco
OF
. ` J
PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS
BOIS D'ARC SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS;
These covenants of assurance are entered irjt0 by and between
the parties hereto on this day of M t! , 1998.
WITNESSETH;
WHEREAS, Julian P. W. Archer and Jane G. Archer are the
owners of the following described real property situated in
Washington County, Arkansas, to -wit:
Bois d'Arc subdivision which consists of:
Part of the SE1/4 of SWI/4 of Section 8, Township 16 North, Range
30 West, City of Fayetteville, Washington County, Arkansas, being
more particularly described as follows:
Beginning at the SW comer of said section 8 thence S 86 48' 12"E
1424.99 feet to the POINT OF BEGINNING, thence N 02 50' 30" 203.12
feet, thence N87 03' 10" W 84.02 feet, thence NO3 02' 03" 490.02
feet, thence S87 11' 52" E 967.48 feet, thence N 02 38' 31" E 589.53
feet, thence S 87 24' 08" E 322.57 feet, thence S 02 37' 45" W
1294.53 feet, thence S 86 42' 01" E 1210.46 to the Point of
Beginning; containing 24.70 acres, more or less.
and,
WHEREAS, said owners desire to establish certain bills and
restrictions and covenants of assurance to assure the orderly
development of the above described real property and to further
assure the protection of the investment made in such property by
this owner and all others who shall purchase herein.
THEREFORE, the following bills and restrictions and covenants
of assurance are deemed in full force and effect, the same to run
with and apply to all of the above described real property from this
date forward until the same shall terminate or be modified
according to the provisions herein, to wit:
981145330
DEC -02-1998 16:51 PRUDENTIAL WINDMILL RLTY
501 442 9422 P.03/23
I. All lots in said subdivision shall be known and described as
residential lots and no structure shall be erected on any lot other
than one family, detached dwellings not to exceed two stories in
height with one, two or three car garage, except by special approval
of the architecture review committee or the Bois d'Arc Property
Owners Association as hereinafter provided. Accessory buildings
such as detached garages, garden storage buildings or workshops for
carrying on a hobby may be authorized by the architecture review
committee or the Bois d'Arc Property Owners Association as
hereinafter provided. The owner or owners of each platted lot in the
Bois d'Arc subdivision will participate on an equal share basis per
platted lot in the payment of any fees or assessments as determined
under the provisions of the by-laws of the Bois d'Arc Property
Owners Association and as such will be treated as equal members of
the Bois d'Arc Property Owners Association as hereinafter provided.
For the purpose of these protective covenants, Julian P. W.
Archer or his successors in title or his assigns, shall be the
subdivider and developer.
2. Utility easements are reserved over the lots in those widths
as shown on the recorded plat, and such easements are for utility
use only, the ownership of the same remaining in the lot owner.
3. No noxious or offensive trade shall be carried on upon any
lot, nor shall anything be done thereon which may be or may become
an annoyance or nuisance to the neighborhood, it being the express
understanding that the subdivision is for residential purposes only.
Any home -based business requires the prior approval of the Board of
Directors
4. No building on lots 1-14 and on lot 19 shall be erected
nearer than 70 feet to the street right-of-way line and on lots 15-
18 no building shall be erected nearer than 40 feet to the street
right -of way. For all lots in this subdivision no building shall be
erected nearer than 40 feet to any side lot line, nor nearer than 40
feet to the rear lot line. However, any and all setback requirements
may be reduced or otherwise modified, but not increased, if
expressly permitted in writing by the architecture review
committee. The reductions or modifications cannot, of course, fall
below the setbacks required by the City of Fayetteville.
5. No residential lot shall be re -subdivided into smaller lots,
but part of a lot may be sold in connection with and incorporated
into an adjacent full lot unless such sale violates any applicable
City of Fayetteville or Washington County ordinance.
6. No trailer, basement, tent, shack, garage, barn or other
building shall be erected in the subdivision to be used as a
98105331.
DEC -02-1999 16:52 PRUDENTIAL WINDMILL RLTY
501 442 9422 H.04121
temporary dwelling, nor shall any residence of any temporary
character be permitted. Basements and garages may be built only as
a part of a permanent residence. No prefabricated modular houses
shall be built on any lot without the written approval of the
architecture review committee. This shall not preclude or prevent
the erection of temporary construction facilities on said lot by the
subdivider, lot owners, or builders during construction phases.
7. No structure shall be moved onto any lot to be utilized as a
residence. No building shall be erected or altered on any lot until
the design, plans, materials, colors, elevations, and location thereof
have been approved in writing by the architecture review committee.
All residences and accessory buildings must have exterior walls and
surfaces of natural materials such as stone, brick or stained wood
to maintain the bucolic nature of Bois d'Arc. In the event the
architecture review committee fails to approve or disapprove a
proposed design within thirty (30) days after a request for such
approval is received in writing (if sent through the mail, the request
must be sent certified mail) by the chairperson of the architectural
review committee, then such approval will not be required, providing
the design, size, and location on the lot conforms to these
regulations and is in harmony with the existing structures already in
the subdivision. In any case, either with or without the approval of
the architecture review committee, the heated floor area of any
residence must meet the following minimum requirements, to -wit:
A minimum square footage of 2,500 square feet. The foregoing
minimum is exclusive of carports and storage spaces or garages,
basements, attics, porches, patios and decks. Exceptions to the
foregoing minimum square feet of living area may be specifically
granted by the architectural review committee for specially
designed residences, provided that the design and quality of the
structure would be in harmony with the general character of other
homes in the subdivision, or not be detrimental to the future
development of said development. The architectural review
committee shall, after approval of site preparation and construction
plans and design, establish a maximum time between the first land
clearing and completion of the dwelling.
8. If garages are attached garages, the entrances must be on
the side or the rear of the house so that the garage bay does not open
onto the street. Detached garages are permitted, but they must be
situated so that the open garage bay is not easily visible from the
street.
9. Mailboxes -of a style and color designated by the architecture
review committee will be installed at the lot owner's expense. They
98105332
DEC -02-1998 16:52 PRUDENTIAL WINDMILL RLTY
501 442 9422 P.05/23
will consist of a cast metal post with coordinated mailbox attached
and painted a uniform color determined by the architectural review
committee. A house number of a style determined by the
architecture review committee will be attached to this post as well.
10. No radio or television antennas of any kind and no large
satellite dishes shall be erected, allowed to exist, or be maintained
within the development.
11. No signs, with the exception of the subdivision
identification signs, shall be displayed on any lot. However, one sign
of not more than five square feet advertising a lot owner's property
for sale or rent, or any signs used by the subdividers or builder to
advertise the property during the construction and sales period, will
be permitted. All signs shall comply with the Fayetteville Sign
Ordinance, Chapter 174 of the Fayetteville Code of Ordinances or
other applicable city, county, or state ordinance or regulation, or any
amendment thereto.
12. No animals, livestock or poultry of any kind shall be raised,
bred, or kept on any lot, except that dogs, cats, or other household
pets not to exceed eight in number may be kept, provided that they
are not kept, bred, or maintained for any commercial purpose.
13. No lot shall be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall not be kept except in
sanitary containers. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean and
sanitary condition. Each lot must be maintained by its owner(s) and
kept in a clean condition. Household composting of plant material is
allowed as long as said composting does not create or constitute a
public nuisance.
14. No fence of a solid nature, other than dense evergreen
shrubs or trees and/or native stone, which would block the view
from the street of any residence or have an unsightly appearance i s
to be erected in the subdivision, with the exception of temporary
fences by the subdivider during the construction phase. No chain link
or other metal fences (except ornamental or wrought iron) may be
erected. A wooden lattice fence may be erected in the rear yard of a
residence, but Its style and placement must be presented to and
approved by the architecture review committee prior to
construction.
IS. No permanent or seasonal parking of trailers, camping
vehicles, mobile homes, or boats shall be allowed on the road right -
of ways in the Bois d'Arc subdivision. If a trailer, camping vehicle,
mobile home, or boat is parked on a seasonal or permanent basis on a
98105333
DEC -02-1998 j5:53 PRUDENTIAL WINDMILL RLTY
501 442 9422 P.06/23
lot or private road it must be screened by dense evergreen shrubs or
trees that will grow to at least eight feet in height.
16. The owner or owners of each platted lot will participate on
an equal share basis per platted lot in the cost of care and
maintenance of the common areas, the streetlight fixtures, traffic
separation islands, entranceways, the stone and wrought iron wall,
as well as landscaping, water, and electricity for the above, and to
carry out such projects for Bois d'Arc as the Board of Directors
deems necessary. See Exhibit "A" for the agreement between the City
of Fayetteville and the Bois d'Arc Property Owners Association
concerning their respective responsibilities for streetlights.
17. Any desired clearing or cutting operation, other than
removal of underbrush, dead trees, and live trees less than four (4)
inches in diameter measured five (5) feet off the ground, will
require advance written approval by the architecture review
committee. If a tree is cut without approval, the property owner
will be fined $100 which will be paid to the treasurer of the Bois
d'Arc Property Owners Association.
18. Each lot owner shall, throughout construction and
thereafter, provide for adequate drainage of surface waters across
his property. Under no circumstances may such surface waters be
diverted in a manner as to cause the same to be directed across the
lands of another either inside or outside the subdivision and thus
constitute a nuisance. This provision does not apply to the natural
streams which flow in or across the subdivision and which the
developers have left open in as natural a condition as possible. These
stream beds shall be be maintained by the lot owner so as to allow
the stream to follow its existing natural course. Furthermore, these
stream beds shall be maintained in such a manner that they do not
become clogged in heavy rains and overflow their banks and run onto
adjacent lots.
19. Each property owner shall be further responsible for
adjusting the drainage of surface waters across his lot in such a
manner as to prevent such drainage from blocking or interfering
with the road right-of-ways platted in the development.
20. Building restrictions shall be strictly regulated and
deviations permitted for only the most compelling reasons. An
architecture review committee shall be appointed by the subdivider
or the subdivider shall act in the capacity of such a committee. This
committee shall have the responsibility of reviewing all prospective
construction, including the matters mentioned herein above, to
assure conformity with the land and woodland concept as well as
minimal interference with other lots in the addition. No particular
98105334
DEC -02-1998 16:53 PRUDENTIAL WINDMILL RLTY
501 442 9422 P.07/23
construction shall be required by the committee. The architecture
review committee shall also have the responsibility of monitoring
the actual construction and site development to assure adherence to
the approved plans. Later, the architecture review committee shall
be appointed by the property owners association once that
association is operative and when residences have been constructed
on all the lots in this subdivision or when all lot owners in Bois
d'Arc have constructed residences therein. This latter provision is to
take into account the a situation where lot owners have purchased
one or more adjacent lots with the intention of building on only one
of them.
21. Nothing in these covenants shall be deemed to restrict the
rights of the subdivider or the property owners association within
said development to establish and enforce other rules, regulations,
and covenants governing the operation, ownership, and maintenance
of said development. In no event, however, shall said rules and
regulations so promulgated have any force and effect if the same
shall conflict with these covenants of assurance, and to the extent
that such rules and regulations shall conflict with these covenants
of assurance, said rules and regulations shall be null, void, and of no
effect whatsoever. Invalidation of any one of these covenants,
conditions, or restrictions, or any part thereof, by order or judgment
in any court shall in no way affect any of the other provisions which
shall remain in full force and effect.
22. These covenants and restrictions are to run with the land,
and shall be binding upon the subdivider and/or developer, his
successors and assigns for a period of fifty (50) years from the date
hereof. At any time within six (6) months from the expiration
period, a 3/4 majority of the lot owners may express their intention
in writing, drafted so as to be recorded with the registrar of deeds,
that they no longer wish for said covenants of assurance to remain
in full force and effect, and the same shall therefore be terminated
as of the expiration date. In the event that no such action is taken,
then these covenants shall continue for an additional period of five
years, and may then be terminated in accordance with the terms set
forth for the original termination. It is further provided that, should
a two-thirds (2/3) majority of lot owners at any time wish to
amend these covenants of assurance, either by adding to or taking
from the present form, the same shall be incorporated into a written
instrument capable of being recorded as above referred to and under
the same terms and conditions thereof.
23. If any of the parties hereto, or their successors in title, or
their heirs or assigns shall violate or attempt to violate any of
98105335
DEC -02-1998 16:54 PRUDENTIAL WINDMILL RLTY
5U1 44d 74dd r. wd/d.i
these covenants or restrictions as herein above set forth, prior to
the expiration or termination of these covenants of assurance, both
in the original term and continuations thereof, then it shall be
lawful and authorized for any person or persons, either as a class or
singularly, who own any lot in this subdivision, or any portion
thereof, to prosecute any proceedings at law or in equity against the
person or persons so violating, or attempting to violate, any such
covenant or restriction, and thereby either prevent said violation, or
recover damages or other penalties for such violation including
attorney's fees and court costs and, further, to utilize any and all
other remedies at law which may now exist or which may hereafter
apply.
24. All owners of property described herein above shall belong
to the association known as the Bois d'Arc Property Owners
Association, which association shall be duly created pursuant to the
laws of the State of Arkansas. That association shall be governed by
a Board of Directors consisting of persons owning property within
the Bois d'Arc Subdivision and elected to office by the property
owners herein and shall be managed according to the by-laws and the
rules and regulations promulgated thereunder. The authority of the
Board of Directors in the enforcement of these covenants of
assurance and in the enforcement of the rules and regulations of
said association shall be absolute, and all owners consent to said
enforcement by their purchase of real property and dwellings
hereunder. Among its other powers, said Board of Directors shall
have the authority to make special and/or annual assessments
against the real property and dwellings of the owners in order to
obtain the means required to maintain the common areas and to
carry out such projects for Bois d'Arc as the Board of Directors
deems necessary. Such assessments will be made on a per platted
lot basis with one share per lot. Said assessments when made shall
constitute a valid lien on the real property benefited thereby to the
extent of said assessment, and if not paid when due, the real
property shall be subject to foreclosure.
WITN9SS opr hands and seals on thislL day
of_ ___&t, 1998.
By: Julian P. W. Archer and
Jan G. Archer ����7
ACKNOWLEDGMENT
98105336
DEC -02-1998 16 55 PRUDENTIAL WINDMILL RLTY 501 442 9422 P.09i23
STATE OF flues
COUNTY OF lwArn#'6?r -
Now on this?! day 1998, personally
appeared before me, a Notary Public, within and for the State and
County aforesaid, duly commissioned and acting, Julian P. W. Archer
and Jane G. Archer stated that they had executed the above and
foregoing instrument for the purposes therein contained
WITNESS my hand
written.
OFFICIAL SEAL
W1NFIEr n 5. BRONSON, JR.
NOTARY PUBLIC • AAKANRA5
WASNNtJ7ON COU'TY
MM, Cpmm' Icn S o2
y
Filed for Record:
Recorded in:
and official seal on the day first herein above
c41k £S.
Notary Public
98105337
MAR -07-2012 WED 03:52 PM BASSETT MIX & ASSOCIATES FAX NO. 4795215698 P. 11
Copyright
Real Estate Contract rn 2012
(Lots and Acreage) Arkansas
murcnwwMr REALT0RS®
REALTOR aPAN'I MWIs Association
Page 9 of 11
Form Serial Number: 072245.000133-1152934
20. OTHER:
Buyer and Seller herby agree to f l w7 g:
1. Seller shall app/ rpJ3ito bet&eaied on the property. Lot split to be approved on thcj
property by Governing bodies. Buyer and seller to mutually agree on Covenants and deed.
2. Seller shall record protective covenants and restrictions on the property similar to those
attached as "Bois D'Arc Subdivision". Buyer and Seller to mutually agree on covenants.
The Sellers shall retain the POA architectural design committee rights to approve houses as
per covenants.
3. The Buyer shall have the right to build homes with a 15 feet rear lot line set back.
Seller agrees to such give Buyers this variance.
4. Setter agrees to give Buyers an additional 15 more feet of property as located on the South
or rear side. This shall be included in final survey with acreage description and shall be
deeded to Buyer at closing.
5. Buyer agrees to close on this property within 5 business days following full govemmen tail
approval of the lot split.
6. Buyer agrees to incur any costs required by governing bodies on lot split such as sidewalk,
21. LEAD -BASED PAINT RISK ASSESSMENT/INSPECTION:
7 A. Buyer understands and agrees that, according to the best information available, improvements on
this Property were not constructed prior to 1978 and should not contain lead -based paint hazards.
❑ B. Buyer has been informed that the Property, including without limitation garages, tool sheds, other
outbuildings, fences, signs and mechanical equipment on the Property that were constructed prior
to 1978, may contain lead -based paint. Seller will provide the Lead -Based Paint Disclosure (pre -1978
construction) within three (3) business days after acceptance of this Real Estate Contract. The obligation
of Buyer under this Real Estate Contract is contingent upon Buyers acceptance of the Lead -Based
Paint Disclosure provided by Seller and an Inspection and/or Risk Assessment of the Property for the
presence of lead -based paint and/or lead -based paint hazards obtained at Buyer's expense. If Buyer
finds either the Lead -Based Paint Disclosure or the Inspection and/or Risk Assessment unsatisfactory,
in the sole discretion of Buyer, within ten (10) calendar days after receipt by Buyer of the Lead -Based
Paint Disclosure, Buyer shall have the absolute option to unilaterally terminate this Real Estate Contr. t
with all Earnest Money (if any) returned to Buyer and, neither Buyer nor Seller having further obligation
to the other thereafter. Buyer may remove this contingency and waive the unilateral termination right at
any time without cause by written General Addendum signed by Buyer and delivered to Seller. If Buyer
does not deliver to Seller or Listing Firm a Termination of Real Estate Contract Addendum
terminating this Real Estate Contract within the ten (10) calendar days after receipt by Buyer of the
Lead -Based Paint Disclosure, this contingency shalt be deemed waived and Buyer's performance
under this Real Estate Contract shall thereafter not be conditioned on Buyer's satisfaction with the
Lead -Based Paint Inspection and/or Risk Assessment of the Property.
Buyer has been advised of Buyer's rights under this Paragraph 21.
(page 9 of 11) Faint AARA27, Rev. 11010
fnrm cim nl i rile
Wttevllle
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of April 23, 2012
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: April 19, Updated April 26, 2012
125 W. Mountain St.
Fayetteville, AR 72701
;phone: (479)575-8267
RZN 12-4077: Rezone (HALSELL ROAD/PRATT PLACE INN, 481): Submitted by BATES
AND ASSOCIATES for property located on HALSELL ROAD. The property is zoned C-PZD,
COMMERCIAL PLANNED ZONING DISTRICT (PRATT PLACE INN) and contains
approximately 2.37 acres. The request is to rezone a portion of the Pratt Place Inn property to RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Planner: Jesse Fulcher
BACKGROUND:
Property Description: The property is zoned Commercial Planned Zoning District (CPZD) and
contains approximately 2.37 acres. Staff is reviewing a property line adjustment that will create the
lot configuration being rezoned. The site is undeveloped with access to Halsell Road and is within
the Hillside/Hilltop Overlay District. The property is part of an approximately 72 -acre property know
as Pratt Place Inn located at the top of Markham Road.
The City Council rezoned the property to C-PZD in 2005 (Ord. No. 4786) to allow the property
owners to operate an inn and restaurant, activities hall and parking lot for social events such as
weddings and receptions. The CPZD approval also included a maximum of four residential dwelling
units, three existing residences and one proposed innkeeper's residence. Surrounding land use is
listed in Table 1.
Table I
Surrounding Zoning and Land Use
Direction
from Site
Land Use
Zoning
North
Single family residential
RSF-4, Residential Single -Family
South
Undeveloped
C-PZD Pratt Place
East
Single family residential
RSF-4, Residential Single -Family
West
Undeveloped/Pratt Place parking
C-PZD Pratt Place
G:\ETC\Development Services Review\2012\Development Review\12-4077 RZN (Pratt Place Inn)\06 Planning Commission\04-
23-2012\Comments and Redlines
Proposal.: The request is to rezone 2.37 acres of the property from C-PZD to RSF- 4, Residential
Single Family Four Units per Acre. This will allow the applicant to split and develop single-family
homes on the property, currently prohibited by the Planned Zoning District zoning.
Public Comment: Staff has received questions from a property owner in the area.
RECOMMENDATION:
Staff recommends forwarding RZN 12-4077 to the City Council with a recommendation for approval
based on findings stated herein.
ACTION:
Date: April 23, 2012 O Tabled O Forwarded 4 Denied
Motion: Cabe
Second: Noble
Vote: 2-6-0 (Motion to forward failed)
CITY COUNCIL ACTION:
O Approved O Denied
Date: May 15, 2012
INFRASTRUCTURE:
Streets: The site has access to Halsell Road. Halsell Road is an unimproved two lane
residential city street. Street improvements will be evaluated at the time of
development.
Water: Public water is available to the property. The 8" water main at the northwest comer
switches to a 2" line along the north side of the property. Public water main
improvements will need to be extended through the property to provide domestic and
fire flow for any proposed development
Sewer: Sanitary sewer is available to the site. There is an 8" main at the northeast comer of
the site. Public sewer main improvements may need to be extended through the
property at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is not affected by the 100 -year floodplain and the
G:\ETC\Development Services Review\2012\Development Review\12-4077 RZN (Pratt Place Inn)\06 Planning Cornmission\04-
23-2012\Comments and Redlines
Streamside Protection Zones
Police: The Fayetteville Police Department has not expressed concerns with this request.
Fire: The Fayetteville Fire Department has not expressed concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates a majority of this site as Rural Residential Area. These areas recognize existing low -
density, large lot residential development, but are identified to encourage the conservation and
preservation of woodlands, grasslands and agricultural lands that are sparsely settled.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Staff finds the proposal for low -density residential development to be consistent
with the rural residential land use designation. Generally, this designation is limited
to outlying properties that lack adequate street and water infrastructure or public
services such as police and fire. However, there are a few properties closer to the
center of the city where low density development is encouraged to preserve
woodlands, grasslands or agricultural lands, despite having adequate public
infrastructure to support higher density development. This piece of the "Markham
Hill" property is heavily wooded and located in the Hillside/Hilltop Overlay
District, restricting development potential. However, it is in a residential setting
along Halsell Road that supports a standard subdivision development pattern.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The current zoning of the property, C-PZD, prohibits any future development
on the approximately 72 -acre property. The proposed rezoning will allow a 2.37
acre section along Halsell Road to be developed for single-family homes.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The property is currently undeveloped, so any new development will increase
traffic on surrounding streets. However, the size of the site and density will limit
the number of houses and corresponding traffic, such that there won't be an
increase in traffic danger or congestion.
G:\ETC\Development Services Review\2012\Development Review\I2-4077 RZN (Pratt Place Inn)\06 Planning Commission\04-
23-2012\Comments and Redlines
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: As noted in Finding #3, the size of the property and density limits the
development potential of the site, and in staffs opinion, future development will
not undesirably increase the load on public services. Comments from the
Engineering and Police Departments are included.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
G:\ETC\Development Services Review\2012\Development Review\12-4077 RZN (Pratt Place Inn)\06 Planning Commission\04-
23-2012\Comments and Redlines
161.07 District RSF-4, Residential Single -Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(I) Pennitted uses.
Unit 1
City-wide uses by right
Untt8
Single-family dwellings
Unit41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellings
Two-family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 sq. ft.
12,000 sq.-ft.
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
Hillside Overlay
60 ft.
70 ft.
District Lot minimum
width
Hillside Overlay
8,000 sq. ft.
12,000 sq: ft.
District Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E)
Setback requirements.
Front
Side
Rear
15 ft.
5ft.
15 ft.
(F)
Building height regulations.
Building
Height Maximum I 45 It.
Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858).
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(Code 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,8-31-99; Ord. 4858,4-18-06; Ord. 5028,6-19-07; Ord. 5128, 4-15-08; Ord.
5224, 3-3-09; Ord. 5312, 4-20-10)
G:\ETC\Development Services Review\2012\Development Review\12-4077 RZN (Pratt Place Inn)\06 Planning Commission\04-
23-2012\Comments and Redlines
Date 4/3/12
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for comments on the proposed RZN 12-4077
(Halsell Road / Pratt Place Inn, 481) submitted by Bates and Associates for property
located on Halsell Road.
It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density, and will not create an appreciable or undesirable increase in
the load on police services. This RZN will create an increase in traffic danger and
congestion on the narrow two lane residential streets in the area. There are no sidewalks
on the north or south side of the roadway in the planned area. A sidewalk is needed for
pedestrians due to the increased automobile traffic from this RZN.
Sincerely,
Captain William Brown
Fayetteville Police Department
k
01 Bates ,
Associates,Inc.
Civil Engineering & Surveying
91 W. Colt Square Dr./ Fayetteville, AR 72703
PH: 479-442-9350 * FAX: 479-521-9350
www.nwabatesinc.com
To Whom It May Concern:
Our client, Julian Archer is proposing a Property Line Adjustment within the City of
Fayetteville. The subject properties are located on Halsell and Markham Roads and contain
approximately 7.81 total acres. Our client would like to adjust the parcels in a way to create a
2.37 acre parcel along Halsell road for rezoning and future development. The current zoning
for the property is CPZD. We have previously submitted a Rezoning application to Rezone
the 2.37 acre parcel to RSF-4. If you have any questions please feel free to contact us.
Sincerely,
Derrick Thomas PLS
Bates
Associates, Inc.
Civil Engineering & Surveying
91 W. Colt Square Dr./ Fayetteville, AR 72703
PH: 479-442-9350 * FAX: 479-521-9350
www.nwabatesinc.com
3/14/2012
RE: JULIAN ARCHER REZONE- PART OF PARCEL #765-14525-000
PROPERTY TO BE REZONED:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT: BEGINNING AT A POINT WHICH IS N02°47'27'E 426.73' FROM AN
EXISTING ALUMINUM MONUMENT MARKING THE SOUTHWEST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE N02°47'27"E 215.00' TO AN
EXISTING REBAR, THENCE S87°21'57"E 481.92' TO AN EXISTING P/K NAIL,
THENCE S03°47'10"W 215.00', THENCE N87°22'16"W 478.19' TO THE POINT OF
BEGINNING, CONTAINING 2.37 ACRES MORE OR LESS.
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II
FAYETTEVILLE, ARKANSAS M�/!r� ( ,
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Archlttct> Engineer. a Survtyon
L- PZ D OS- Ito70
Planning Area 2 & 3
Permitted Use
Conditional Use
Type of Use
Unit 1
City-wide uses by right
Unit 4
Cultural & Recreational facilities
Unit 6
Agriculture
(B) Density/Intensity
M
Planning Area
Density (dwelling units)
Intensity(square feet nonresidential)
—4-Maximum 4 dwelling units
Maximum 33,340 SF
Oak Cabin (existing) 2248 W. Markham
Inn: 18,900 SF (proposed)
Tower House (existing) 109 N. Sang Innkeeper
Barn: 6,300 SF (existing)
I
House (proposed) 2230 W. Markham
Two -stall barn: 340 SF
Archer Log House (existing) 2115 W. Markham
English Cottage (existing): 1,800 SF
Inn, maximum 4 new rental cabins do not count
Max. 4 cabins: 6,000 SF (1500 SF each
toward density, as these are not to be utilized as
proposed, with removal of existing
residences
cabins)
Any structure size permitted to be
2
No dwelling units permitted
determined by Conditional Use Permit,
if reuested (PlanninCommission)
Any structure size permitted to be
3
No dwelling units permitted
determined by Conditional Use Permit,
if reuested (I'Ianithig Commission)
(C) Bulk and area regulations.
Planning Area
Lot width minimum
Lot area minimum
Land area per dwelling unit
1
200 feet (frontage onto a public street)
I acres
I acre
2
N/A
3.57 acres
No dwellings permitted
3
N/A
4.18 acres
No dwellings permitted
(D) Setback requirements.
Front
Side
Rear
M
50 feet
l0 feet
20 feet
50 feet
10 feet
20 feet
50 feet
10 feet
20 feet
(E) Height. Maximum height for all structures.
0 feet
M
0 feet
0 feet
(F) Building area. In any Planning Area the area occupied by all buildings shall not exceed 25%
of the total lot area.
Cdtlocuments and SeningstjpateiDesktoplTemp SavesIC-PZD 05-1670 (Pratt Place Inn).doc
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tteville
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Page 1 of 2
Sondra Smith - Re: Fwd: appeal request
From:
Sondra Smith
To:
Fulcher, Jesse
Date:
4/25/2012 11:18 AM
Subject:
Re: Fwd: appeal request
CC:
Branson, Lisa
Attachments:
Branson, Lisa
Hi Jesse,
May 15, 2012 will be the next meeting. We can get the appeal on the May 15 agenda. Do you have
information that you will be submitting regarding the appeal. Thanks!
Sondra E. Smith CAMC, CMC
City Clerk Treasurer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
(479) 575-8323
ssmith@ci.fpvetteville.ar.us
TDD (Telecommunications Device for the Deaf): (479) 521-1316
j[FAY
FINDIN
FAYETTEVILLE
>>> Jesse Fulcher 4/25/2012 9:15 AM >>>
Sondra,
Below is a written request for an appeal of a decision by the Planning Commission. Which City Council meeting will this
go to?
Thanks, Jesse
>>> julian Archer <profarcher(awahoo.com> 4/24/2012 11:19 PM >>>
Tuesday, April 24, 2012
Mr. Jesse Fulcher
Planning Division
file://C:\Documents and Settings\ssmith.000\Local Settings\Temp\XPgrpwise\4F97DD98F... 4/25/2012
Page 2 of 2
City of Fayetteville, AR
Dear Mr. Fulcher,
We would like to appeal the decision of the Fayetteville Planning Commission at its April 23, 2012, meeting in regards to
our rezoning request (RZN 12-4077). Kindly forward this request to the City Clerk and ask that this matter be put on the
Fayetteville City Council agenda at the earliest possible date.
Sincerely,
Julian and Jane Archer, owners
2115 West Markham Road
Fayetteville, AR 72701
Tel. and fax 582-5443
file://C:\Documents and Settings\ssmith.000\Local Settings\Temp\XPgrpwise\4F97DD98F... 4/25/2012
RECEIVED
MAY 14 2012
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE May 8, 2012
To Mayor Lioneld Jordan and members of the Fayetteville City
Council,
This is a memorandum to provide some background on our appeal of
the Planning Commission's decision in regard to our rezoning request
(RZN-12-4077).
BACKGROUND: My wife Jane and I own approximately 140 acres
west of the University of Arkansas and east of I-540. This property was
purchased by my grandfather Cassius Pratt in 1900 and was inherited from
my mother Evangeline Pratt Waterman Archer in 1979. Not surprisingly, we
have received numerous unsolicited offers to sell it, either for a development
(it was zoned at the time R- 1, now called R-4), or for a huge retirement
complex for those who wanted to be in close proximity to the University
with all of its cultural and sports offerings, or for private student housing
complexes similar to the ones in the offing now around the campus. Instead
of selling the whole thing, we held onto it and covered our expenses with the
sale of certain portions. The first was a three lot split of 5 acres north of the
intersection of Cross and Halsell, then a four lot split of 10 acres off of Hotz,
then a three lot split of four acres east of the intersection of Cross and
Halsell, then a sale of about 15 acres which became the Waterman Woods
development, then a two lot split of 2 '/2 acres north of the intersection of
Sang and Center (now Haskell), and then a development we did called Bois
d'Arc of 19 lots on 25 acres which follows Osage Bend from Cleveland to
Sang. All of these lot splits and the development have lots far larger than
the minimum city requirements and all of them have protective covenants
accompanying the land title which, among other things, provide us with
architectural control of all construction. Only our first lot split had no
covenants, much to our regret.
This 140 acres is a larger enclave, almost half again as large as the
land Alice Walton has provided the Crystal Bridges Museum, and exists
near the heart of Fayetteville, a city twice the size of Bentonville. We, of
course, do not have the financial resources for preservation that Ms. Walton
does and so had to create in 2005-2006 Pratt Place Inn and Barn as a
"commercial" venue for lodging and events. This was done by creating a
PZD. Alderman Lucas said at the time, "I hope in five years that the inn
goes so that it never changes." Five years have past and, despite the
recession starting in 2008 the inn is "going," having opened with a AAA
four -diamond rating, the only inn or hotel in Northwest Arkansas with such
a designation and one of only four in the State of Arkansas. It was Planning
Division Director Tim Conklin's idea that the PZD encompass 72 acres
instead of our 10 or so acre proposal. We were willing to accept that in 2005
because at the time we did not foresee any complications with it. Our
request now before the Planning Commission and the City Council is to take
2.4 acres out of the PZD and do a four lot split, leaving the PZD essentially
intact.
Let me paint for you a different picture. If Pratt Place Inn and Barn
had failed, as have many projects in this area, the entire PZD and part of the
remaining 70 acres to the west of it would have been taken over by banks
and sold to developers. If anyone bothers to look at the liens on the
property, they can see that Metropolitan Bank, Arkansas Capital, and Bank
of America have what are for us staggering obligations owed to them.
Further, The Bank of the Ozarks had a lien on another 40 acres to secure
their Performance Bond made out to the City of Fayetteville.
If you have not had the occasion to visit either the inn or the barn, we
hope that you will make time to do so before the May 15 council meeting.
Just stop by and someone on the staff will be pleased to show you around.
HALSELL ROAD 2.4 -ACRE LOT SPLIT (RZN 12-4077):
It is bizarre and quite inexplicable to us why the Planning
Commission denied our request on April 23. Audience turnout was minimal
and no one wrote in opposition, though we understand some phone calls
were made in opposition.
Our letter of March 13, 2012, makes clear that we are requesting a
four lot split, not the possible 10 lots (nor a subdivision), and there is a
detailed plat provided showing that. We have reaffirmed this with a Bill of
Assurance to the City of Fayetteville dated May 2, 2012. The main issue
being raised seems to be about the nature of the "buffer" that the 72 -acre
PZD would provide. This is what is brought up in Ms. Stacey Park's email
to you of May 7 as well as comments by James "Butch" Coger at the April
23 Planning Commission meeting and by Commissioner Kyle Cook (former
Alderman Cook at the time of the PZD hearings of the City Council in
2005).
The "buffer" question is a complete misreading and inaccurate
recollection of the discussions at the City Council meetings of September
20, October 4 and 18, and November 1, 2005. Never once was the PZD
described as a "buffer" at these meetings and Alderman Cook did not speak
at all, neither to ask a question nor to make a comment, at any of these four
meetings. The main concerns were about traffic volume, road width,
sidewalks, and curb and gutter drainage. We will provide copies of the
minutes of these meetings, rather than drawing upon a memory of what was
said seven years ago, to any of you who would like them.
In his City Council Agenda Memo of August 31, 2005, then Director
of Current Planning, Jeremy Pate, noted on page 5 concerning tree
preservation that "The project shall meet or exceed the minimum percent
canopy (25%) required for a Planned Zoning Development." It was not an
issue since the 72 -acre PZD was, still is, and always will be heavily wooded.
In the 16 Conditions of Approval proposed by the Planning Division,
Condition 9 stated that "At all times a significant tree canopy and vegetative
buffer (visual and physical) shall be maintained adjacent to surrounding
properties in Planning Area 1, where non-residential activities are to occur."
This has been the case and would continue to be the case even if every tree
and bush on the 2.4 acre proposed lot split were removed! Such a removal
of the "tree canopy and vegetative buffer" is not permitted either by the city
or our protective covenants. A look at our previous lot splits and
development will show how well this has worked. It is interesting that the
opposition to the Halsell lot split comes not from the adjacent property
owners, with one possible exception, but from a couple of people who live
quite a distance away and cannot see from their property the 2.4 acres in
question and have little or no reason even to drive on Halsell. At the
Planning Commission meetings of August and September, 2006, about the
PZD there was some discussion about a tree "buffer", but this revolved
around the need to widen Markham Road, provide a sidewalk, install
drainage pipes and curb and gutters which would entail taking down trees.
The questioners were assured by staff that a Tree Preservation Plan would be
required. (It should be noted that the Pratt Place PZD was the only
application processed through a new procedure of getting City Council
approval first and then going to the Planning Commission. Shortly
afterward the procedure reverted to the original application routing.)
01/31/2010 10:45 2461427 JULIAN ARCHER PAGE 05/05
Perhaps all of the above is more than you care to know about this
question, but we do not want you to have to try to inform yourselves about it
while the council meeting is in progress and certain people are making
inaccurate statements, without adequate time to make your decision.
SincErcly, t4
6' Julian Archer
Page 1 of I
City Clerk-Halsell Road rezoning RZN 12-4077
From: Ethel Simpson <esimpson@uark.edu>
To: <city_clerk@ci.fayetteville.ar.us>
Date: 6/1/2012 1:50 PM
Subject: Halsell Road rezoning RZN 12-4077
Halsell Road rezoning RZN 12-4077
This is to register my opposition, as a resident on Halsell Road, to this request for rezoning the property at the junction of
Sang Avenue and Halsell Road. Access to this property from Sang/Halsell seems problematic because of the steep
topography of the land at that point, and preparing sites for several houses would surely require considerable grading and
earth -moving, with ill effects on the surrounding area. The narrow streets on either side of this juncture are not conducive to
additional traffic.
But MORE IMPORTANT, the PZD that allowed the establishment of the Pratt Place Inn-- and the events barn and the
tailgating facilities-- stipulated the reservation of large tracts of wooded land along Markham Road, Cross Avenue, and Sang
Avenue. These reserved lands were conceded as a buffer against the intrusions of the development into a residential
neighborhood. The conditions of the PZD must not be set aside now.
Ethel C. Simpson
409 N. Oliver Avenue
Fayetteville, AR 72701
479-442-2925
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Page 1 of 1
City Clerk - RZN 12-4077 opposition
From: Tim Kring <faytownrocks@gmail.com>
To: <city_clerk@ci.fayetteville.ar.us>
Date: 6/1/2012 2:06 PM
Subject: RZN 12-4077 opposition
CC: <rhonda@uark.edu>, <sarahelainelewis@gmail.com>, <jfulcher@ci.fayetteville.ar.us>
Dear City Council and Staff:
I write to oppose RZN 12-4077 (appeal).
I live at 1777 W. Halsell Road, and my property borders a portion of the large Commercial PZD that is
known as the Pratt Place in C-PZD. I am not adjacent to the specific lot in this rezoning request.
As I understand it, this is an appeal to rezone property that was initially part of the commercial PZD
establishing the Pratt Place Inn (and barn). On the face of it, the requested RSF-4 certainly seems
appropriate for the neighborhood. However, those on the City Council (and Planning Commission) at
the time likely recall that the protracted approval process for the Pratt Place Inn was granted largely due
to the setting -aside of large tracts of the developer's property within the C-PZD. Included in this C-PZD
is land on either side of Markham and Cross (by their intersection) and the land on the south end of Sang
(both sides).
In the newspaper article a few weeks ago, the agent for developer asked "What are the Pratt Place Inn
owners to do with the property if they can't rezone it?". That question was answered by the Pratt Place
Inn owners themselves when they specifically requested such a large area placed within the PZD in
order to gain approval of Pratt Place Inn C-PZD by the commission and council. This request is not the
same as an individual land owner trying to develop an isolated parcel. This parcel was codified as part of
the whole Pratt Place Inn C-PZD.
I believe that if this rezoning of the C-PZD is granted, the developer will have succeeded in creating a
very effective shelter for their properties by including land in the C-PZD only until it becomes
economically advantageous to sell off a parcel (and have it rezoned). If granted, I believe that this first
attempt to "chip away" at the large, approved C-PZD will certainly be referenced as the developer
decides to sell off additional tracts of the C-PZD in the future and request additional rezoning.
Therefore, I do not support the rezoning request. I do appreciate your service to the city, and respect that
your decisions never satisfy all parties concerned. At the end of the day, you have my respect and
support, regardless of the final decisions reached.
Tim Kring
1777 W. Halsell Rd
Fayetteville
favtownrocksna,gmail.com
file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4FC8CC6FFA... 6/1/2012
Page 1 of I
City Clerk - Halsell Rezoning (RZN:12-4077)
From: "Barbara Fraleigh" <barbara@secureusinc.com>
To: <city_clerk@ci.fayetteville.ar.us>
Date: 6/1/2012 3:16 PM
Subject: Halsell Rezoning (RZN:12-4077)
Dear City Council,
This letter is to request that you deny the appealed request to rezone the property in the corner of
Halsell & Sang (RZN:12-4077). The request was denied by the Planning Commission on April 23
greatly appreciate their decision.
In the original request by the Archers to establish the CPZD for Pratt Place, there was an agreement to
leave a buffer between the commercial uses of the Archers and the surrounding, established residential
neighborhood. This land should remain part of the PZD as it was originally established. This is what
the Archers and the City agreed upon at the time. It is important as our city grows and there is an
increased pressure to build, that we respect the agreements made in the past. As residents, we rely on
your insight and decision making to protect our established neighborhoods.
Additionally, this property is on a very steep hillside, fronting a narrow and curved street. It is not very
suitable for building and provides an excellent opportunity for green space.
Thank you very much for your consideration
Barbara Fraleigh
1624 W. Halsell Road (Ward 4)
file:///C:/Users/awood/AppData/Local/Temp/XPgrpwise/4FC8DCBBFAYETTEV ILLECIT... 6/1/2012
(6/4/2012) City Clerk - Re: RZN 12-4077 opposition
Seite 1 j
From: Jesse Fulcher
To: City Clerk; Kring, Tim
CC: rhonda@uark.edu; sarahelainelewis@gmail.com
Date: 6/1/2012 4:14 PM
Subject: Re: RZN 12-4077 opposition
Mr. Kring,
Thank you for taking time to provide feedback on the proposed rezoning request. The City Clerk's office will
provide a copy of your comments to the council members.
Sincerely,
Jesse Fulcher
Jesse Fulcher
Current Planner
City of Fayetteville
479-575-8267
jfulcher@ci.fayetteville.ar.us
(TDD 479-521-1316 Telecommunication Device for the Deaf)
>>> Tim Kring <faytownrocks(a,gmail.com> 6/1/20 12 2:06 PM >>>
Dear City Council and Staff:
I write to oppose RZN 12-4077 (appeal).
I live at 1777 W. Halsell Road, and my property borders a portion of the
large Commercial PZD that is known as the Pratt Place in C-PZD. I am not
adjacent to the specific lot in this rezoning request.
As I understand it, this is an appeal to rezone property that was initially
part of the commercial PZD establishing the Pratt Place Inn (and barn).
On the face of it, the requested RSF-4 certainly seems appropriate for the
neighborhood. However, those on the City Council (and Planning
Commission) at the time likely recall that the protracted approval process
for the Pratt Place Inn was granted largely due to the setting -aside of
large tracts of the developer's property within the C-PZD. Included in
this C-PZD is land on either side of Markham and Cross (by their
intersection) and the land on the south end of Sang (both sides).
In the newspaper article a few weeks ago, the agent for developer asked
"What are the Pratt Place Inn owners to do with the property if they can't
rezone it?". That question was answered by the Pratt Place Inn owners
themselves when they specifically requested such a large area placed within
the PZD in order to gain approval of Pratt Place Inn C-PZD by the
commission and council. This request is not the same as an individual
land owner trying to develop an isolated parcel. This parcel was
codified as part of the whole Pratt Place Inn C-PZD.
I believe that if this rezoning of the C-PZD is granted, the developer will
have succeeded in creating a very effective *shelter* for their properties
(514/2012) City Clerk - Re: RZN 12-4077 opposition
Seite 2
by including land in the C-PZD only until it becomes economically
advantageous to sell off a parcel (and have it rezoned). If granted,
I believe that this first attempt to "chip away" at the large, approved
C-PZD will certainly be referenced as the developer decides to sell off
additional tracts of the C-PZD in the future and request additional
rezoning.
Therefore, I do not support the rezoning request. I do appreciate your
service to the city, and respect that your decisions never satisfy all
parties concerned. At the end of the day, you have my respect and
support, regardless of the fmal decisions reached.
Tim Kring
1777 W. Halsell Rd
Fayetteville
faytownrocks@gmaiJ.com
Page 1 of 1
City Clerk - halsell planned rezoning
From: Rebecca Harrison <rebeccanewth@gmail.com>
To: <city_clerk@ci.fayetteville.ar.us>
Date: 6/1/2012 4:25 PM
Subject: halsell planned rezoning
Dear People involved, Please note that I do not support the rezoning of the Pratt Place Inn area because
the first request was granted with the express statement that this would be all that would be sold off. As
an owner of nearly an acre of land myself on Oliver I would not like to know that what had once be
declared set could be changed and further cut up. Rebecca Newth Harrison
file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4FC8EDOFFA... 6/4/2012
Page 1 of 2
City Clerk - Fwd: Halsell rezoning RZN (12-4077)
From: Fran Alexander <fran@deane-alexander.com>
To: City Clerk <cityclerk@ci.fayetteville.ar.us>
Date: 6/4/2012 10:35 PM
Subject: Fwd: Halsell rezoning RZN (12-4077)
Begin forwarded message:
From: Fran Alexander <fran(a�deane-alexander.com>
Date: June 4, 2012 12:29:33 PM CDT
Cc: <ward1 pos1Ca�ci.fayetteville.ar.us>,
<ward3 pos2(a)ci.fayetteville.ar.us>,
<ward1 post a@ci.fayetteville.ar.us>,
<ward3 post ci.fayetteville.ar.us>,
<ward2posl@c[.fayetteville.arus>, <citycouncil@matthewpetty.org>,
<ward4 Dos1 _ci.fayetteyiIle.ar.us>, <sarahelainelewis(a7gmail,com>,
<mayor@ci.fayettevi1le.ar. us>
Bcc: Wade Elaine <ew.buddhabudi(�gmail.com>
Subject: Halsell rezoning RZN (12-4077)
To the City Council ---
As you may or may not know, I am the co-owner of property in the Halsell/Cross/Markham
area, which will be affected by the rezoning requested by the Archers to change the PZD
they agreed to in 2005.
A great deal of neighborhood input and time went into the settlement in '05 of this PZD
request and for good reason. Putting a substantial commercial development into the middle
of a private home neighborhood is very intrusive and reaching a compromise with
neighbors after a long and laborious process requires much effort on both sides of an
issue.
Once zoning is established, people go ahead and make plans around those parameters
about their own property, even decisions of whether to continue to stay on land they
originally purchased for its specific characteristics. Zoning is a city promise of sorts, an
agreement that property owners count on without worrying that their chosen spot will be
altered greatly and their investment decreased because of a broken promise or a change in
property use by a neighbor.
This is the situation with the Halsell rezoning request before you. This is not an infill issue
or even a single property owner's rights issue. It is an issue about an agreement made with a
neighborhood in order to broker the placement of a commercial entity, that comes with
numerous activities that create noise and traffic, where it would ordinarily not be
allowed. This PZD rezoning was reached in 2005, and weakening its restrictions now,
while the neighborhood conditions and character surrounding this commercial space have
not changed, is not right.
file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4FCD382FFAY... 6/5/2012
Page 2 of 2
Chipping away at the PZD here could easily lead to more chipping later, rendering the PZD
concept and promise worthless not just in this location but city-wide. ( The phrase, "Not
worth the paper it's written on, "comes to mind)
Please deny this rezoning request.
Thank you,
Fran Alexander
file://C:\Documents and Settingsllbranson\Local Settings\Temp\XPgrpwisel4FCD382FFAY... 6/5/2012
Page 1 of 1
City Clerk - Halsell & Cleveland PZDs
From: Nancy McCartney <nmccartn@hotmail.com>
To: <city_clerk@ci.fayetteville.ar.us>
Date: 6/5/2012 2:46 PM
Subject: Halsell & Cleveland PZDs
For all the eloquent reasons expressed by others who have written, I am not happy with either proposal, but
especially the Cleveland expansion. There is already a terrible amount of traffic there, with convoluted patterns
at the 7:45 am hour (I avoid Leverett let -out at the other end of the day) which is not good for pedestrians, car
drivers nor especially the children. Please reconsider. We've aleady lost one school child in University Heights.
Nancy McCartney
1638 West Maple
Fayetteville, AR 72701
521-6872
tile://C,\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4FCEIBE3FA... 6/5/2012
Page 1 of 2
City Clerk - RE: RZN 12-4077 opposition
From: Tim Kring <faytownrocks@gmail.com>
To: <city_clerk@ci.fayetteville.ar.us>
Date: 6/18/2012 10:02 AM
Subject: RE: RZN 12-4077 opposition
CC: <sarahelainelewis@gmail.com>, Rhonda Adams<Ward4_Posl@ci.fayetteville.ar.us>
Dear City Council and Staff:
I write to reaffirm my opposition to the rezoning request associated with the Pratt Place Inn PZD (RZN
12-4077). I stand by my letter of June 1, and wish to call to attention a few additional points:
The PZD was structured to allow a commercial development within a solidly residential area of
Fayetteville. In the ordinance as written, in the "Required Findings for the Rezoning
Request" (Immediately following Staffs recommendation for approval of the original PZD)
"...due to the fact that much of the property zoned RSF-4 is being restricted from development
altogether. "
At the April 23, 2012 Planning Commission meeting, the commission voted to deny this rezoning
request immediately after commissioner Cook made the following observations (His comments
begin at 1:56:00 of the meeting video, below):
o He served on city council in 2006 when this was approved, and the decision was made
"after quite a few meetings, and concerns were addressed not only about the barn,
residences cabins, but also about quite a few properties up there".
o There was "some barterting, if you will, and an agreement that development would only be
the 4 dwellings, and they highlighted what they would be" and that "the rest of the property
would remain as it is".
o The PZD was "the agreement with the City Council, and that is the agreement that I should
stick with"
o "It was determined back then, through many, many meetings of discussion, that that is the
way the planning area would be"
o This is the link to the video of the meeting:
http:/laccessfayetteville.t!ranicus.cona/.MediaPlaver.php?view id=2&clip id=1824
This is not a simple rezoning of an isolated piece of property. This rezoning request amends a city
ordinance passed by a previous city council after many discussions and due process. I suspect (and
hope) that you would be redicent to revisit any contentious past issue (e.g., the smoking ban) to make
allowences specifically forbidden in the resulting ordinance. I ask that you consider the implications of
revisiting ordinances so quickly after they are passed. I also ask that you consider what impact this
zoning modification would have on future PZD ordinances that you will address.
Finally, it only makes sense to consider this rezoning request of such a "fresh" PZD if there has been
some substantial change to the PZD or the area. To my knowledge there has been no change in these
environments, and therefore it makes no logical sense to change the this PZD as approved.
I ask that you respect the work, efforts and decisions of the City Council that preceeded you and the
Planning Commission that works for us now and deny this rezoning request.
Tim Kring
1777 W. Halsell Rd
Fayetteville AR 72701
---------- Forwarded message ----------
From: Tim Kring <favtowm-ocksgmail.com>
file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4FDEFCBEF... 6/18/2012
Page 2 of 2
Date: Fri, Jun 1, 2012 at 2:06 PM
Subject: RZN 12-4077 opposition
To: city clerk ,ci.fayetteville.ar.us
Cc: rhonda(n),uark.edu, sarahelainelewis�gmail.com, ifulcher(a�ci.favetteville.ar.us
Dear City Council and Staff:
I write to oppose RZN 12-4077 (appeal).
I live at 1777 W. Halsell Road, and my property borders a portion of the large Commercial PZD that is
known as the Pratt Place in C-PZD. I am not adjacent to the specific lot in this rezoning request.
As I understand it, this is an appeal to rezone property that was initially part of the commercial PZD
establishing the Pratt Place Inn (and barn). On the face of it, the requested RSF-4 certainly seems
appropriate for the neighborhood. However, those on the City Council (and Planning Commission) at
the time likely recall that the protracted approval process for the Pratt Place Inn was granted largely due
to the setting -aside of large tracts of the developer's property within the C-PZD. Included in this C-PZD
is land on either side of Markham and Cross (by their intersection) and the land on the south end of Sang
(both sides).
In the newspaper article a few weeks ago, the agent for developer asked "What are the Pratt Place Inn
owners to do with the property if they can't rezone it?". That question was answered by the Pratt Place
Inn owners themselves when they specifically requested such a large area placed within the PZD in
order to gain approval of Pratt Place Inn C-PZD by the commission and council. This request is not the
same as an individual land owner trying to develop an isolated parcel. This parcel was codified as part of
the whole Pratt Place Inn C-PZD.
I believe that if this rezoning of the C-PZD is granted, the developer will have succeeded in creating a
very effective shelter for their properties by including land in the C-PZD only until it becomes
economically advantageous to sell off a parcel (and have it rezoned). If granted, I believe that this first
attempt to "chip away" at the large, approved C-PZD will certainly be referenced as the developer
decides to sell off additional tracts of the C-PZD in the future and request additional rezoning.
Therefore, I do not support the rezoning request. I do appreciate your service to the city, and respect that
your decisions never satisfy all parties concerned. At the end of the day, you have my respect and
support, regardless of the final decisions reached.
Tim Kring
1777 W. Halsell Rd
Fayetteville
faytownrocks(a,gmail.com
file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4FDEFCBEF... 6/18/2012
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