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Home My WebLink AboutOrdinance 5450 • II 11111111111111111111111IIIII I IIH IIIII IIIII IIII III Doc ID: 018653790003 Type: REL Kind: ORDINANCE Recorded: 06/24/2019 at 03:33:18 PM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk F11e2019-00018265 ORDINANCE NO. 5450 ARC' AN ORDINANCE TO AMEND SECTION 3 OF ORDINANCE NO. 4605 TO AMEND THE BILL OF ASSURANCE TO REDUCE THE MINIMUM HOUSE SIZE FROM 2,400 SQUARE FEET TO 2,000 SQUARE FEET WHEREAS, Ordinance No. 4605 passed on August 17, 2004 in reliance upon and subject to the offered Bill of Assurance which provided among other things that the "single family homes to be not less than 2,400 heated sq. ft. each to include an enclosed two car garage"; and WHEREAS, the new owners/developers wish to be able to build some of the homes with a lesser minimum heated square feet total of 2,000 square feet. 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 amends Section 3 of Ordinance No. 4605 and the Bill of Assurance approved for this rezoning only to the esctent that the minimum heated square feet for each house be lowered from 2,400 to 2,000 square feet. All other terms and conditions of the Bill of Assurance and Ordinance No. 4605 remain in full force and effect. PASSED and APPROVED this 18th day of October, 2011. APPROVED: ATTEST: By: <AP. : L I N LD JO ;g • , Mayor SONDRA E. SMITH, City Clerk/Treasurer 111i111Pt • • 'moi :FAYETTEVILLE: %�z• • g . PS,.AR'KAY& Cut o.�`,,``, % cA Washington County, AR I certify this instrument was filed on 06/24/2019 03:33:18 PM and recorded in Real Estate File Number 2019-00018265 Kyle Sylvester - Circuit C16� �J \ by ORDINANCE NO. 5450 AN ORDINANCE TO AMEND SECTION 3 OF ORDINANCE NO. 4605 TO AMEND THE BILL OF ASSURANCE TO REDUCE THE MINIMUM HOUSE SIZE FROM 25400 SQUARE FEET TO 2,000 SQUARE FEET WHEREAS, Ordinance No. 4605 passed on August 17, 2004 in reliance upon and subject to the offered Bill of Assurance which provided among other things that the "single family homes to be not less than 2,400 heated sq. ft. each to include an enclosed two car garage"; and WHEREAS, the new owners/developers wish to be able to build some of the homes with a lesser minimum heated square feet total of 2,000 square feet. 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 amends Section 3 of Ordinance No. 4605 and the Bill of Assurance approved for this rezoning only to the extent that the minimum heated square feet for each house be lowered from 2,400 to 2,000 square feet. All other terms and conditions of the Bill of Assurance and Ordinance No. 4605 remain in full force and effect. PASSED and APPROVED this 18th day of October, 2011. APPROVED: ATTEST: dy: y � - �. . LION LD JO - Mayor SONDRA E. SMITH, City Clerk/Treasurer G F FAYETTEVILLE +'•mss',q�,kR rl S Aca��,�,,.�: ■ ��►�rrr:f�:.eti�:• City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/4/2011 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: ADM 11-3943: Administrative(Belclaire Subdivision -Amendment to Bill of Assurance): Submitted by ADR HOMES BY ROTH, LLC for BELCLAIRE SUBDIVISION. The request is for an amendment to the Bill of Assurance accepted with rezoning petition RZN 04-12.00. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached UI4�,A �Vt[.' ."I Previous Ordinance or Resolution# Departure Director Date Original Contract Date: ��•1� ' Original Contract Number: City Attorney Date -Zorn Fi n e nd Internal Services Director Date Received in City 09- 1 5- 11 A 0 9 4 R C V D Clerk's Office Chief f to te ENTERE9 Received in Mayor's Office a or D is Comments: Revised January 15,2009 px • 7yr-a P�T1 THE CITY OF FAYETTEVILLE,ARKANSAS 4 y 1 DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff �Q Jeremy Pate, Development Services DirectorU` From: Jesse Fulcher, Current Planner Date: September 15, 2011 Subject: ADM11-3943 (Belclaire Subdivision-Amendment of Bill of Assurance) BACKGROUND Belclaire Subdivision is located at the northeast corner of Hwy 112 and Howard Nickell Road. The approximately 40-acre property was rezoned to RSF-4, Residential Single-family, 4 units per acre in 2004, with an associated Bill of Assurance. The Bill of Assurance offered by the property owner at the time limited the subdivision to 99 homes (2.48 units/acre) and required that each home contain at least 2,400 square feet. Construction of the subdivision began shortly after the final plat was approved in 2007, and all required infrastructure was installed. However, changes in the economy stalled home construction until late 2010 when a new development team aquired the property. The new owner and builder have started or completed construction of at least 25 homes in the subdivision. The Development Services Department received a building permit for a new 2,232 square foot home on August 17, 2011, less than the 2,400 square feet required by the Bill of Assurance. Staff contacted the builder to inform them that the permit could not be approved due to the house size limitation imposed by the Bill of Assurance. Staff was able to resolve the conflict with the builder and allow construction to commence. However, the minimum house size still poses a significant restriction on the builder and developer, who desires to provide a variety of house sizes and price points within the same subdivision. Houses in the subdivision are proposed to vary in size between 2,000 and 3,600 square feet, with the majority of homes containing between 2,500 to 2,800 square feet. Now realizing the restriction placed on the house sizes in 2004, the new owner and builder are requesting the City Council amend the adopted Bill of Assurance to allow homes to be no less than 2,000 square feet. No other changes to the Bill of Assurance are being requested. DISCUSSION Though not required to do so, staff requested the applicant notify surrounding property owners of the proposed amendment, particularly the neighborhood to the north, which had the most involvement when this rezoning was originally considered in 2004. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND SECTION 3 OF ORDINANCE NO. 4605 TO AMEND THE BILL OF ASSURANCE TO REDUCE THE MINIMUM HOUSE SIZE FROM 2,400 SQUARE FEET TO 2,000 SQUARE FEET WHEREAS, Ordinance No. 4605 passed on August 17, 2004 in reliance upon and subject to the offered Bill of Assurance which provided among other things that the "single family homes to be not less than 2,400 heated sq. ft. each to include an enclosed two car garage"; and WHEREAS, the new owners/developers wish to be able to build some of the homes with a lesser minimum heated square feet total of 2,000 square feet. 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 amends Section 3 of Ordinance No. 4605 and the Bill of Assurance approved for this rezoning only to the extent that the minimum heated square feet for each house be lowered from 2,400 to 2,000 square feet. All other terms and conditions of the Bill of Assurance and Ordinance No. 4605 remain in full force and effect. PASSED and APPROVED this 4th day of October, 20 l 1. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ADR Homes by Roth, LLC �- - 1801 SW Regional Airport Blvd, Suite 5 E P.O.Box 239 Bentonville,AR 72712 Phone 479-250-0524 Fax 866-651-6917 Homes To whom it may concern: I am writing this Ietter regarding the Bill of Assurance for the Belclaire Subdivision. It was written that there would be no homes to be built less than 2400 heated square feet. We at ADR homes would like the city council to allow us to reduce this amount to 2000 square feet so as to be able to offer our product to a wider market of buyers. As we all know,the housing market has changed drastically since the subdivision was final platted in 2004.Being able to offer the smaller home is an option that we feel is vital to the success of the subdivision. With that being said,we are not looking to just build the smaller home,but rather to keep with the larger 2500 to 2800 ft homes. I know there were some anxious moments for the neighbors of the subdivision as to what was going to built.We have had multiple neighbors thru the neighborhood with nothing but good things to say. We have worked really hard to make the subdivision something that they along with the city can be proud of.We have put a product in that is very high quality and affordable. We have had very good feedback from all that have looked. Thanking you in advance, Rath,4anagin'g Member ADR Homes by Roth, LLC 479-250-0524 Phone 866-651-6917 Fax Recent home construction by ADR Homes by Roth, LLC Belclaire Subdivision ..,� +��'� �� : �?� , � _ ,� . . _';i..- _1 __ .k-' �. - - =� 1 __ _- �l w - - - _� r ,� :�. .. '=Y - nF l' fl ly ..{+ I' �,� '•� I P }SIJ ��`� I� LI- UP. I _ IV 31 IT WW 1 Yom•' 5��. _ g L'1-� �y•�if� �� `;_ / ."'}� _�3�' !, _ eras _ — IT 2004 Rezoning ordinance and Bill of Assurance ORDINANCE NO. 4605 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-12.00 AS SUBMITTED BY CHAD WHITE ON BEHALF OF LEIGH TAYLOR PROPERTIES, LLC FOR PROPERTY LOCATED NORTH OF HIGHWAY 112/ HOWARD NICKELL RD AND EAST OF HIGHWAY 112 CONTAINING APPROXIMATELY 39.86 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 Units Per Acre as shown in Exhibit"A" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville,Arkansas,is hereby amended to reflect the zoning change provided in Section 1 above. Section 3: That the subject property will be subject to a Bill of Assurance attached hereto � and made a part hereof labeled as Exhibit `B" limiting the density of said property to 2.48 dwelling units per acre. PASSED and APPROVED this 17th day of August, 2004. APPROVED: By: iiifZ DAN COODY,Mayo r ~=�G4 Gly Y 6,z.?,�U�',.: ■ By: = ;FAYETTEV1LLE; SONDRA SMITH, City Clerk ry�" r hV