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Home My WebLink AboutOrdinance 5790Doc ID: 016433970007 Type: REL Kind: ORDINANCE Recorded: 09/09/2015 at 10:23:42 AM Fee Amt: $45.00 Pape 1 of 7 WashlnRton County, AR Kyle Sylveater Cir 0ult Clerk Flle2015-00025644 ORDINANCE NO. 5790 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5044, FOR APPROXIMATELY 16.02 ACRES, LOCATED AT 4065 E. HUNTSVILLE ROAD FROM R-PZD 08-3071, RESIDENTIAL PLANNED ZONING DISTRICT BRIDGEDALE PLAZA TO NC, NEIGHBORHOOD CONSERVATION, NS, NEIGHBORHOOD SERVICES, AND CS, COMMUNITY SERVICES, SUBJECT TO A BILL OF ASSURANCE NOW THEREFORE, 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 R-PZD 08-3071, Residential Planned Zoning District Bridgedale Plaza to NC, Neighborhood Conservation, NS, Neighborhood Services, and CS, Community Services, 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 accepts the Bill of Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision. The Bill of Assurance is attached as Exhibit "C" to this ordinance. Section 3. 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. PASSED and APPROVED this 18°i day of August 2015. ATTEST: / 1I 1177//,, By: SONDRA E. SMITH, City Clerrer .r s RZN 15-5044 Close Up View RSF.1 RSF4 C.O�ar1y IPA Ski Aid.. Paved Tr� � ..•••... NW lk0ih'00'0/P.iirk Trail �so 4 Natu ral SttrYael7u s)I: RZN 15-50411 O �Yej.vj4'tfayetteville City Li its ® Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay District Design Overlay District 15-5044 EXHIBIT 'A' THE PLAZA 7 M — RSF7 LAWNDA�F DR J q � lJ • SUBJECT P PE=RTY w 'r R Cs_ 2.01 Qeres) o 4 NS (1.$8 acres) R -O 0R n F RM \ �R Neighborhood Conservation (12.03 acres) i. I � e • d I •• 2 I � a '_ -- FASIAOINT pR � t �yY[ 0 175 350 Baa +.000 1.400 ------ Planning Area F. 1------- CV BUFF 4� C.O�ar1y IPA Ski Aid.. Paved Tr� � ..•••... NW lk0ih'00'0/P.iirk Trail �so 4 Natu ral SttrYael7u s)I: RZN 15-50411 O �Yej.vj4'tfayetteville City Li its ® Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay District Design Overlay District 15-5044 EXHIBIT 'A' THE PLAZA 7 M — RSF7 LAWNDA�F DR J q � lJ • SUBJECT P PE=RTY w 'r R Cs_ 2.01 Qeres) o 4 NS (1.$8 acres) R -O 0R n F RM \ �R Neighborhood Conservation (12.03 acres) i. I � e • d I •• 2 I � a '_ -- FASIAOINT pR � t �yY[ 0 175 350 Baa +.000 1.400 ------ Planning Area F. 1------- RZN 15-5044 EXHIBIT'B' LEGAL DESCRIPTION: (ENTIRE TRACT) A PART OF THE W112 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2°46'52"E 3400.63 FEET TO THE P.O.B., THENCE NO2°51'17"E 857.50 FEET, THENCE N24°33'07"E 301.26 FEET, THENCE ALONG A CURVE TO THE RIGHT 19.81 FEET, SAID CURVE HAVING A RADIUS OF 89.00 FEET AND A CHORD BEARING OF N30°55'40"E 19.77 FEET, THENCE N37"18'14"E 65.78 FEET, THENCE S54°18'58"E 79.68 FEET, THENCE S53°59'33"E 439.95 FEET, THENCE S02"54'07"W 477.63 FEET, THENCE S86°54'34"E 150.65 FEET, THENCE S02°46'49"W 446.94 FEET, THENCE N87 -12-11'W 513.27 FEET, THENCE N87°02'40'V/ 230.74 FEET TO THE P.O.B.; CONTAINING 16.02 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION: (Neighborhood Conservation) A PART OF THE WI/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2°46'52"E 3400.63 FEET TO THE P.O.B., THENCE NO2"51'17"E 769.60 FEET, THENCE S87°08'43"E 593.04 FEET, THENCE S02°54'07"W 321.93 FEET, THENCE S86"54'34"E 150.65 FEET, THENCE S02°46'49'VJ 446.94 FEET, THENCE N87-12-1 1"W 513.27 FEET, THENCE N87"02'40'V/ 230.74 FEET TO THE P.O.B.; CONTAINING 12.03 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION: (NS, Neighborhood Services) A PART OF THE W1/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2°46'52"E 3400.63 FEET, THENCE NO2°51'17"E 769.60 FEET TO THE P.O.B., THENCE NO2°51'17"E 87.89 FEET, THENCE N24`33'07"E 112.82 FEET, THENCE S65°26'17"E 241.92 FEET, THENCE ALONG A CURVE TO THE LEFT 205.58 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD BEARING AND DISTANCE OF N75'1 7'56"E 189.87 FEET, THENCE N36"02'08"E 75.63 FEET, THENCE S53°59'33"E 124.56 FEET, THENCE S02°54'07'V/ 155.70 FEET, THENCE N87"08'43"W 593.04 FEET TO THE P.O.B.; CONTAINING 1.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION: (CS, Community Services) A PART OF THE W1/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2"46'52"E 3400.63 FEET, THENCE NO2°51'17"E 857.50 FEET, THENCE N24"33'07"E 112.82 FEET TO THE P.O.B., THENCE N24°33'07"E 188.43 FEET, THENCE ALONG A CURVE TO THE RIGHT 19.81 FEET, SAID CURVE HAVING A RADIUS OF 89.00 FEET AND A CHORD BEARING AND DISTANCE OF N30°55'40"E 19.77 FEET, THENCE N37°18'14"E 65.78 FEET, THENCE S54"18'58"E 79.68 FEET, THENCE S53° 59'33"E 315.39 FEET, THENCE S36°02'08"W 75.63 FEET, THENCE ALONG A CURVE TO THE RIGHT 205.58 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD BEARING AND DISTANCE OF S75°17'56'V/ 189.87 FEET, THENCE N65°26'17'VV 241.92 FEET TO THE P.O.B.; CONTAINING 2.01 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Exhibit "C" P 1/4 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") McDonald, LLC, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce 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: See Exhibits A and B. 2. Other restrictions including number and type of structures upon the property are limited to: See Exhibits A and B. 3. Specific activities will not be allowed upon petitioner's property include: See Exhibits A and B. 4. (Any other terms or conditions) to: See Exhibits A and B. 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 WITNESS WHEREOF and in agreement with all the terns and conditions stated above, 1, Clint McDonald, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Exhibit "C" P 2/4 Aueust 14, 2015 Clint McDonald Date Printed Name Address , Signature NOTARY OATII STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And no t} is the ILK day of 2015, appeared before me, 0 1 jL — , a Notary Public, —and—if—ter being placed upon his/her oath swore or kiffinned that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above, I ,A , / 1 My Commission Expires: R0111NK.MAT1.1 K M MY COMMISSION N 12397079 EXPIRES: Pebmary 13, 2024 �` Washington Covmy Exhibit "C" P 3/4 BILL OF ASSURANCE EXHIBIT "A" 1. In regard to the 12.03 acre area shown on Exhibit "B" with the zoning request of Neighborhood Conservation, the Petitioner hereby agrees to limit the number of lots to 57 or 4.7 lots per acre. The Developer will not permit a gas station on any of the tracts shown in Exhibit `B." 3. The Petitioner will pay its reasonable, proportionate share of any future traffic signal on Huntsville Road in front of its property. 4. Pending the Arkansas Highway's Departments approval, the Petitioner will pay a reasonable amount to restripe a third turning lane to serve as the main Huntsville Road entrance for its development as shown in Exhibit "B." 5. In its development depicted in Exhibit `B," the Developer promises there will be three points of ingress and egress, plus the stub out to the East. 6. The Developer will pay its reasonable fair share of work to alleviate an offsite drainage issue that the City and the Developer promised to fix in the 2008 PDZ concerning this property,