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Home My WebLink AboutOrdinance 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 n } ��Va.�9UT014 EXHIBIT "A" RZN12-4077 PRATT PLACE INN Close Up View 0 w r a II RSF4 SUBJECT PROPERTY I ' r I r i r i -- rn 0 a U MARKHAM RD w 0 z 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 a fi1Lr R8f.4 SUBJECT PROPERTYJ;� w a y N O K U MARKHAM RD a LUJR c7 r 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.