HomeMy WebLinkAboutOrdinance 5494 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 014582290005 Type: REL
Kind: ORDINANCE
Recorded: 05/09/2012 at 12:45:11 PM
Fee Amt: $35.00 Pace 1 of 5
Washincton Countv. AR
Bette Stamos Circuit Clerk
File20i12-0001321 Q V
ORDINANCE NO. 5494
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 12-4042, FOR APPROXIMATELY 4.90 ACRES,
LOCATED AT 1700 OLD WIRE ROAD FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD
CONSERVATION, SUBJECT TO A BILL OF ASSURANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
zone classification of the following described property from RSF-4, Residential Single Family, 4
units per acre to NC, Neighborhood Conservation, as shown on Exhibits "A" and `B" attached
hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Section 3: That this property is subject to a Bill of Assurance offered by the property
owner and runs with the land, which limits the use of the property to exclude duplexes and multi-
family dwellings and the number of single family lots to 20 as shown in Exhibit "C" attached
hereto and made a part thereof.
PASSED and APPROVED this 17th day of April, 2012.
APPROVED: ATTEST:
By" By � 'mac
�kfQELDJ N, Mayor SONDRA E. SMITH, City Clerk/Trealy
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'FAYETTEVILLE:
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EXHIBIT "A"
RZN12-4042 COOPER AND WILLIAMS
Close Up View
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a SUBJECT PROPERTY
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BRDADVIEW DR r
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CALVIN ST :
Legend
............• Oulti-Use Trail (Exis&g) CAIN OR
Future Trails
Fayetteville City Limits
6 ZN12-4042
Footprints 2010
- Hillside-Hilltop Ovi irlay District
Design Overlay Di trict
Design Overlay Di trict
0 125 250 500 750 1,000
------ Planning Area Fre,
EXHIBIT "B"
RZN 12-4042
A PART OF THE S '/z OF THE SE 1/4 OF SECTION 3, AND A PART OF THE N '/� OF
THE NE 1/4 OF SECTION 10, ALL LOCATED IN T-16-N, R-30-W, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS COMMENCING AT A STONE
MARKING THE SOUTH-QUARTER CORNER OF SAID SECTION 3, AND CONTINUING
THENCE ALONG THE COMMON BOUNDARY OF SAID SECTION 3 AND 10, S
86°33'51" E 953.19 FEET TO A POINT IN THE CENTERLINE OF OLD WIRE ROAD, AND
CONTINUING ALONG CENTERLINE OF SAID ROAD N 32038' 46" E 159.08 FEET AND
N 340 35' 57" E 118.87 FEET TO A POINT IN THE CENTERLINE OF SAID ROAD, AND
THENCE LEAVING SAID ROAD S 87020' 06" E 136.15 FEET TO A POINT ON THE
NORTH BOUNDARY OF SAID PARCEL OF LAND, SAID POINT BEING AN IRON PIN
AND THE POINT-OF-BEGINNING;
THENCE S 87020'06" E 743.48 FEET TO THE NORTHEAST CORNER OF SAID PARCEL
OF LAND; THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL OF LAND, S
02052'43" W 242.08 FEET TO THE NORTHWEST CORNER OF RAMSEY ADDITION:
THENCE ALONG THE WEST BOUNDARY OF SAID RAMSEY ADDITION S 03017'30"
W 123.51 FEET TO THE NORTHEAST CORNER OF CITY PARK DEDICATION AREA
DESCRIBED ON THE FINAL PLAT OF HIDDEN LAKE ESTATES: THENCE ALONG THE
NORTHERN BOUNDARY OF SAID CITY PARK DEDICATION AREA N 77048'42" W
534.94 FEET,N 52°39'31" W 232.71 FEET, N 22-27'14" W 70.26 FEET AND N 07°58'58" E
81.41 FEET TO THE POINT-OF-BEGINNING, CONTAINING 4.90 ACRES, MORE OR
LESS.
Exhibit "C'
RZN 124042
page 1 of 2
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") W-Bar Investments, 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 Single Family Detached units.
Multi Family and or Duplex units will not be allowed.
2. Other restrictions including number and type of structures upon the property are
limited to a maximum of 20 single family lots with no more than two stories.
3. Specific activities will not be allowed upon petitioner's property include the
development and or construction of Multi Family and or Duplexes.
4. (Any other terms or conditions)None.
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.
Exhibit "C'
M 12-4=
page 2 of 2
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Jackson Williams, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
3 - iz -- 12-
Date Printed Name
,o, aox 3�
Address �(�7
rG G B V,//e
7;'7 si ure
NOTARY OATH
STATE OF ARKANSAS
'ecrlkon ) .ss
COUNTY OF W* }P } I
And now on this the /� day of 7yI� 201L appeared before me,
�} of42h
.n;r-�_ l� hiG ' a Notary Public, and after being placed upon his/her oath swore
or affirmed that lic/shr agreed d with the terms of the above Bill of Assurance and signed his/her
name above.
NO A Y Pte— UBLIC
My Commission Expires:
/n-31 adr3
ti! °,uErl;;ie
12- Hyde
`.auoeiy iSf l'vsn�o
? Nra'ary Azkansas
Washington County, AR
I certify this instrument was filed on
05/09/2012 12:45:11 PM
and recorded in Real Estate
File Number 2012-00013218
Bette Stamps-Circuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/3/2012
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 12-4042: Rezone (1700 OLD WIRE ROAD/COOPER AND WILLIAMS, 369): Submitted by Tim Cooper and
Jackson Williams for property located at 1700 OLD WIRE ROAD. The property is zoned RSF-4, Residential Single
Family, 4 units per acre and contains approximately 4.90 acres. The request is to rezone the subject property to NC,
Neighborhood Conservation, subject to a Bill of Assurance.
Cost of this request Category/Project Budget Program Category/Project Name
f
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
p%?I1/ Previous Ordinance or Resolution#
Department Di ector Date
Original Contract Date:
'f L Original Contract Number:
City Altor p Date
—P—P ('� 3-dS -2417-
Finance and Internal Services Director Date Received in C(4y
Clerk's Office
khiof St Date EII
Received in
Mayor's Office
�M or to
Comments:
Revised January 15,2009
Vel
aye e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: March 13, 2012
Subject: RZN 12-4042 (1700 Old Wire Road/Cooper and Williams)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RSF-
4, Residential Single-family, 4 units per acre to NC,Neighborhood Conservation, subject to a Bill of Assurance.
BACKGROUND
The property is zoned Residential Single-Family Four Units Per Acre (RSF-4), and contains 4.9 acres located at
1700 Old Wire. The site is an undeveloped pasture with access off of Old Wire Road and secondary access off of a
long driveway to Old Wire Road that provides access to the adjacent property to the north. The western portion of
the property adjacent to Old Wire Road is located within the floodplain of Niokaska Creek.
On December 20, 2011 the City Council approved RZN 11-3960 (Cooper and Williams) to rezone approximately
8.60 acres to NC, Neighborhood Conservation, subject to a Bill of Assurance. This 8.60-acre site is immediately
adjacent to the east and north of the subject property.
The applicant has submitted an application to rezone the site, approximately 4.9 acres, from RSF-4 to NC,
Neighborhood Conservation. The applicant has stated that the intent is to develop the property for smaller single
family lots than permitted by the underlying RSF-4 zoning. The applicant has offered a Bill of Assurance that would
limit the use to 20 single family residences, multi-family or duplex units will not be allowed.
DISCUSSION
On March 12, 2012 the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 5-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 12-4042, FOR APPROXIMATELY 4.90 ACRES,
LOCATED AT 1700 OLD WIRE ROAD FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD
CONSERVATION, SUBJECT TO A BILL OF ASSURANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
zone classification of the following described property from RSF-4, Residential Single Family, 4
units per acre to NC, Neighborhood Conservation, as shown on Exhibits "A" and `B" attached
hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Section 3: That this property is subject to a Bill of Assurance offered by the property
owner and runs with the land,which limits the use of the property to exclude duplexes and multi-
family dwellings and the number of single family lots to 20 as shown in Exhibit "C" attached
hereto and made a part thereof.
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN12-4042 COOPER AND WILLIAMS
Close Up view
y0�
RSF4
-- ASMST=— .
QRA
a 9 SUBJECT PROPERTY
egDRoy
O PI
H
VC
w
i
BROADvI y
Ew DR ; C
CALVINST .�
Legend
........ Multi-Use Trail (Exis&g) Cn1NDa
.,Future Trails
Fayetteville City Limits
L0Xj,RZN12-4042
Footprints 2010
- Hillside-Hilltop Ovi rlay District
Design Overlay Di 5trict
Design Overlay Di trict
0 125 250 500 750 1.000
------ Planning Area Feet
EXHIBIT "B"
RZN 12-4042
A PART OF THE S %2 OF THE SE 1/4 OF SECTION 3, AND A PART OF THE N %2 OF
THE NE 1/4 OF SECTION 10, ALL LOCATED IN T-16-N, R-30-W, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS COMMENCING AT A STONE
MARKING THE SOUTH-QUARTER CORNER OF SAID SECTION 3, AND CONTINUING
THENCE ALONG THE COMMON BOUNDARY OF SAID SECTION 3 AND 10, S
86033'51" E 953.19 FEET TO A POINT IN THE CENTERLINE OF OLD WIRE ROAD, AND
CONTINUING ALONG CENTERLINE OF SAID ROAD N 32038' 46" E 159.08 FEET AND
N 340 35' 57" E 118.87 FEET TO A POINT IN THE CENTERLINE OF SAID ROAD, AND
THENCE LEAVING SAID ROAD S 87020' 06" E 136.15 FEET TO A POINT ON THE
NORTH BOUNDARY OF SAID PARCEL OF LAND, SAID POINT BEING AN IRON PIN
AND THE POINT-OF-BEGINNING;
THENCE S 87020'06" E 743.48 FEET TO THE NORTHEAST CORNER OF SAID PARCEL
OF LAND; THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL OF LAND, S
02052'43" W 242.08 FEET TO THE NORTHWEST CORNER OF RAMSEY ADDITION:
THENCE ALONG THE WEST BOUNDARY OF SAID RAMSEY ADDITION S 03017'30"
W 123.51 FEET TO THE NORTHEAST CORNER OF CITY PARK DEDICATION AREA
DESCRIBED ON THE FINAL PLAT OF HIDDEN LAKE ESTATES: THENCE ALONG THE
NORTHERN BOUNDARY OF SAID CITY PARK DEDICATION AREA N 77048'42" W
534.94 FEET,N 52°39'31" W 232.71 FEET,N 22-27'14" W 70.26 FEET AND N 07058'58"E
81.41 FEET TO THE POINT-OF-BEGINNING, CONTAINING 4.90 ACRES, MORE OR
LESS.
Exhibit "C'
RZN 12-4042
page 1 of 2
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") W-Bar Investments, 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 Single Family Detached rmits.
Multi Family and or Duplex units will not be allowed.
2. Other restrictions including number and type of structures upon the property are
limited to a maximum of 20 single family lots with no more than two stories.
3. Specific activities will not be allowed upon petitioner's properly include the
development and or construction of Multi Family and or Duplexes.
4. (Any other terms or conditions)None.
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.