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Home My WebLink AboutOrdinance 5804File Number: 2015-0438 RZN 15-5179 (324 N. HORNSBY DR./MARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15- 5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, and RSF-8, Residential Single Family, 8 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 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. nnnrl PASSED and APPROVED on 10/6/2015 Lioneld Page i CSS Y OF Attest: _�' FAYETTEVILLE Sondra E. Smith, City Clerk Treasurer Printed on 101//15 �- 'Kind IDORINANCE..... 470004 Type: REL RecordedD: 10/16/2015 at 02:32:44 PM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Svlvester Circuit Clerk File2015-00029578 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5804 File Number: 2015-0438 RZN 15-5179 (324 N. HORNSBY DR./MARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15- 5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, and RSF-8, Residential Single Family, 8 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 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. nnnrl PASSED and APPROVED on 10/6/2015 Lioneld Page i CSS Y OF Attest: _�' FAYETTEVILLE Sondra E. Smith, City Clerk Treasurer Printed on 101//15 EXHIBIT 'A' 15-5179 RZN15-51791 MARKHAM HILL REZONE Close Up View HALSELL RD MARKHAM RD Legend a W Shared -Pse Paved Trail a ......•• Neighborhood/Parlk Trail s 9gftral Surface Trail = RZN15-5179 L _ _ - Fayetteville City Li its _ Footprints 2010 Design Overlay Di tric Design Overlay Di ,tris ------ Planning Area RSFa ALLEY 223 �B, HOTZ DR 0 75 150 300 450 600 Fcet P.1 EXHIBIT 'B' G U-11-1 1►&7 Legal Description of Markham Hill Houses: Rezone to RSF-8 Lot 3, Hornsby Addition; Lot 2, Hornsby Addition Rezone to Neighborhood Conservation Lots 1&2, Block 2, Smith Addition; Lot 3, Block 2, Smith Addition; Lot 4, Block 2, Smith Addition; and Block 2, Lot 6, Smith Addition. EXHIBIT "Cit F.XMBff SILL OF ASSURANCE FOR TIIECITU or FAYK'I"MVILLK ARKANSAS In order to attempt to obtain approval of a request for a zoning nxrlassifstrtiuit, clic owner, develapee. or buyer of chi, pngx:ny, Ihercioaher"Petitioner 1 Brian fieiodl hereby voluntarily offers this Rill of A`iimme and enters into this binding agnxnx:nr and contract with the City of Fayetteville. Arkansas I he Petitioner expressly grants to the 01y of F.,yetteville the right to enforce any and all of the teras of this Bill of Assurance in the Circuit Chun of Hlashingtun County anti agMes that if Petitiottcr or Petitionef s heirs, assigns, or successes. violate any terms of this Bill of Aseur. ncr.. sutr. tanual ir.rpwmhle damaro: jumifying injunctive relief has boon done to the citizens and City of Fayetteville. Arkmvn s. 'f low prtknowr acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely npnn all of the terms and conditions within this Rill of Assumnee in considering whether to approve Petidooefs rezoning request Petitioner hereby voluntarily offers assurances that Petitioner and Potitionefs property .ball be restricted as follows IF Pedtionef s femlaing is apprnved by the Fayrucvillc City Council_ I. The use of the Petitioners property shall be limited to Single Family Uctached units. Multit:uzdly and or Duplex unite will not be. allowed. 2. Ulher restrictions including uumberanJ type. of strutaures upon the.. property an: Iinuird to IO+ingle family houses. 3.S}xcilic activities will not be alloued uptrrt petitioners pnTvily inchding Ibc drvclolmmni and or construction of Muhifamily Buildings and Duplexes. A. Petitioner .W, i Really agnx� slut all snch resvletiats and tent a shall run with the land and hind all futum owners unless and until specifically released by Rcsniutian of the Fayemville City Council. This Rill of Amoranceshall hL filed for record in the Washington County Circuit Clerk's Office after Petitirnxr's rezoning is effective and shall be noted on any Fi ntd flat or Latero Scule Dcvclopmcnt which includes some cu all of Potitinncr's pmperry. IN 14ITNLM 1WIU:dtliOF and in agreement with all the terms and conditions stated above.1. Brian Reindl. as the owner, devahtper. rx buyvr (Fetitioner) voluntarily o5w such assurances and sign my name below_ -I f georpl get,)0 if Doc FrintrJ Name. 504; iw. SPS-t.,1,S'f.�5j�-31= f'PullYn" W' F lddtnss State of Arkansas County of WaAi ngrna Sigliaturc Notary Oath MGH" LSM Ltr(1A*A! 1,72t91195 a Expai S Mut' 1B.7L2i Wwhtyan Cony And now on this clue q t day of20I.S, apl> ,mJ hrfcrrr. me --J I u C LA _ 1 t•,1 a Notary Public, and after being placed upon his/her oath savor nied that MJshe. armd with the.. terms of the Boll of Assurawe and signed hi dher nano• abuve. ' l lto _ , Punic 144 Crnnmi,.'inn l,ixptres, Washington County, AR I certify this Instrument was filed on 10118/2015 02:32:44 PM and recorded In Real Estate File Number 2 028¢78 Kyle Sylveste -Cir it IDelVc by City of Fayetteville, Arkansas 113 West Mountain Street .� Fayetteville, AR 72701 (479)575-8323 l li+i Text File — File Number: 2016-0438 Agenda Date: 10/6/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 8 RZN 15-5179 (324 N. HORNSBY DR./MARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, and RSF-8, Residential Single Family, 8 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 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. City o1 Fayetteville, Arkansas Page 1 Printed on 10/7/2015