HomeMy WebLinkAbout28-03 RESOLUTION• •
RESOLUTION NO?8 °3
A RESOLUTION APPROVING AMENDMENTS TO THE BILL OF
ASSURANCE SUBMITTED WITH ORDINANCE NO. 4411, PASSED
AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 3, 2002
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas, hereby approves
amendments to the Bill of Assurance, which was submitted with rezoning Ordinance No.
4411, passed and approved by the City Council on September 3, 2002. A copy of the
revised Bill of Assurance, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 18th Day of February, 2003.
prETre
• 1
�;,\ e
By:
By: �fAd& Mitt
Sondra Smith, City Clerk
APPR 0 VED:
0012
D• ICOODY, Mayor
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 28-03
Document
NOTES:
1
02/18/03
Res. 28-03
2
02/04/03
Staff Review Form w/attachment
1/31/03 memo to mayor/city council
copy of draft resolution w/attachment
copy of revised bill of assurance
copy of old bill of assurance
copy of section minutes pertaining to this bill of assurance
copy of revised bill of assurance w/markings
3
02/25/03
memo to Tim Conklin
NOTES:
FAYETTEtI LLE
TIE CITY OF nAynTTEvnit, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Tim Conklin
Community Planning & Engineering Services
From: Clarice Buffalohead-Pearmane'
City Clerk Division
Date: February 25, 2003
Re: Res. No. 28-03
Attached you will find an executed copy of the above resolution passed by the City Council
February 18, 2003, approving a revised Bill of Assurance to attach to Ordinance No. 4411.
Please retum a signed original revised Bill of Assurance to the city clerk's office to submit for the
mayor's signature and attach to the resolution/ordinance.
If anything else is needed please let the clerk's office know.
/cbp
cc Nancy Smith, Internal Auditor
STAFF REVIEW FORM
x Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of February 18, 2003.
FROM:
Tim Conklin, Interim Director Community Planning and Engineering Services
Name
Division Department
ACTION REQUESTED: To approve ADM 03-3.00 to consider amending the Bill of
Assurance associated with RZN 02-15.00 (Larry Garriott) for property
located north of Persimmon Street and west of 46" Street, Fayetteville,
Arkansas. The amendment would alter the minimum lot widths, decrease the
number of entrances onto 46" Street, and replace the required concrete
privacy fence with a decorative fence.
COST TO CITY:
$0
Cost of this request
Account Number
Project Number
Category/Project Budget Category/Project Name
Funds used to date Program Name
Remaining balance Fund
BUDGET REVIEW:
Budget Coordinator
Budgeted Item Budget Adjustment Attached
Chief Administrative Officer
CONTRACT/GRANT/LEASE REVIEW:
ccounting Mana er
City At-orney
Purchasing Officer
Date
GRANTING AGENCY:
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION: Staff recommends approval.
Division Head
Dep_ ,ent/i
ctor7,
Chie inistrative
Off
. ens A
a
r
/—?/-c)3
Date
Date
Date
Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
• City Ccecil meeting of Feb. 18, 2003
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Sara Edwards, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: January 31, 2003
ADM 03-3.00: Administrative Item: An administrative item to consider amending the Bill of Assurance
associated with RLN 02.15.00 (Larry Garriott) for property located north of Persimmon Street and west of 46ih
Street. The amendment would alter the minimum lot widths, decrease the number of entrances onto 46'" Street
and replace the required concrete privacy fence with a decorative fence.
BACKGROUND:
This property was rezoned on September 3, 2002 from A-1, Agricultural to R-1, Single -Family Residential. A
Bill of Assurance was offered as part of the proposed rezoning. The 13111 of Assurance required a minimum lot
width of 83 feet, two entrances onto 46th and a concrete privacy fence.
The applicant is proposing to amend the Bill of Assurance to decrease the minimum lot width to 80 feet, to have
one entrance onto 46'" Street, and to use a decorative fence in place of a concrete privacy fence. Approximately
51 of the lots arc proposed to be 80 feet wide with the balance of the lots remaining at 83 feet in width. The final
number of lots and widths may vary due to minor changes in the subdivision design which are required to meet
development ordinances.
The lot width and entrance change was precipitated by the City requesting a right-of-way dedication for a
collector street through the proposed subdivision. This will provide for Broyles Road to be extended to the north
through the subject property from the proposed Wastewater Treatment Plant site. Due to the redesign of the
subdivision the second entrance onto 46ih Street will not be necessary.
The change in fencing type has been requested by the applicant.
CURRENT STATUS:
This will be the first time this change has been considered.
RECOMMENDATION:
Staff recommends approval of the request to amend the 13111 of Assurance to reduce the lot widths to 80 feet and
to reduce the number of streets onto 46th Street to one.
Staff has no recommendation regarding the change in the fencing type. This is an architectural feature agreed
upon by the developer and the adjoining neighborhood. There are no city regulations requiring fencing around
subdivisions.
K.1REPORIS12003CC REPOR7TFEBRU4R)UUA103-3 00 AMEMO. DOC
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENTS TO THE BILL OF
ASSURANCE SUBMITTED WITH ORDINANCE NO. 4411, PASSED
AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 3,
2002.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas,
hereby approves amendments to the Bill of Assurance, which was
submitted with rezoning Ordinance No. 4411, passed and approved by
the City Council on September 3, 2002. A copy of the revised Bill of
Assurance, marked Exhibit "A" is attached hereto and made a part
hereof.
PASSED and APPROVED this I8's Day of February, 2003.
APPROVED:
By:
ATTEST:
By:
Sondra Smith, City Clerk
DRAFT
DAN COODY, Mayor
• •
(REVISED) BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE
The buyer / devebpa of property loacd at the NW Come= of 466 & Pasiman Sweet may particularly described as
approximately 59.60 Acres in put of section 11 and pot of section 12 ofTI6N, R 31W in Washington County
Arkansas hereby vobntatily offal this Bill of Assurance and rotas into this binding swears= and contract with the
City of Fayetteville Ahansas.
The petition expressly grants to the City of Fayetteville the right to enforce any and a/I of the tests of this Bill of
Ass tarns in the Chancay/Circuit Cowl of Washington County and agree this if Petitioner on Petition's hebs,
assign; or successors violate any tens of this Bill of Assururce, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Faydzeville, Arkansas The Petitioner acknowledge that the
Fayetteville Planning Commission and the Fayetteville City Council will mama* ndy upon all of the tarns and
conditions within this Bill ofAssurance
Petitioner hereby voluntarily offers issuances Wt Petitioner and Petitioner's property shall be restricted u follows;
I. The use of Petitioners meaty shill be limited to siogbfunily only with 158 building los maximum.
Minimum lot width shall be 80' u the setback line except at curve and cul de sacs
2. Exterior of hone shall have 80% brick.
3. Minimum house size shall be 1850 SF heated and auSandil)wKd space.
4. Each house shall have a 2 car garage.
5. All yards shall be sodded.
6. Roof pitch shall be T to 12^ with anchitemual shingle
7. A deosntive privacy fence shall be installed along Persimon & 466 sect
IL Them shall be I entrance ono 466 war and 1 onto Pessimon Shed and each entrance will be
Wdscged and steel fence installed similar to use tower's property.
9. All improvements shall be made to Persiton d aha Street as requited by the City.
10. Quality of consuuakm of all houses shall be reviewed and approved by an udlitdwal cotnrnittco.
11. Mainta nee of all common space shall be nude by • Propaty Owners Association.
12. MI mailboxes shall be decorative Mick and identiai throughout the pmjea.
13. The developer shall bmall um along the north property line extending from 466 Suns war 500'. Size
shall be r and spaced 30' part where passible. Existing byes in this aro will be saved if possible.
14. Protective covenants shall be filed for control of all of the above items
15. Petitioner specifically agrees that all such restrictions and tabs shall run with the lard and bind all
Mitre owner unless and until specifsally released by Resolution of the Fayetteville City Council. ITS
Bill of Assurance shall be filed for rtmd in the Washington County Circuit Clark's Office and shall be
noted on the Final PW, which includes some cc all of Petitioner's Plenary.
IN WITNESS WHEREOF. and in agreement 'th all the tams and conditions stated Wove, n the own,
developer or buyer (Petitioner) vohmarily offer all such assuarhcea.
Date
NOTARY OATI
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Date
AM now on this day of , 2003 append before me, Col Walker and alta being placed
upon his oath more or affirmed this they agreed with the tams of the Bill Astsutnce and signed their num above
My Commission Expun:
Notary Public
EXHIBIT "A"
SEP -6-2002 01:26P FROM:
M
1111.1. OP ASSURANCE
FUR TUE CITY OF FAYETTGYII1l.
TO:575O316 P:2/2
M
The Mas I developer of prapaty leased et the NW Corea of 46s R Penman Shad neral pudiwbely dinaihed
w pm irne.I. 59 611 AM, in p.n or maim IIalp.n f actin 12 of TI IRR.R 3IW to Walbbylm oetmty Mterm
K esel, valuatanly offers this Bill of Abase and drops into this balks ape mol aM anfntt mat the airy
Fayetteville, Adpiat This BIB of Aermrt it MW In use m the rvming u(tbc oboe deviled property.
The peiltionn aprcnly pacts to IM Chya'I'aycnrvilk Ihr right In oefint oily and ell of the lams of this Bill of
Asaeebc to the(len••syornruil Ont of WItaieRrai Coue and .pen that if Penne et Ieaedta, May.
WOW nr .•.,vvas Howe Ip' oaM of fhb BIII of&vinarr, soda wind mpvtllc damage Budfghm Igpadn
rtlief has beat dao to the Mihail Rat Cy of I•aytm+ilk Mtatdm The Pditt= Winowlalwes that me
fhlynevtlle I'leomg Celmun.m W de Faetevine City Council wW tnfeably Any upon WI of tre lawn mal
a.ulai.n. within thls BIB of Amaeee k wwdaag whether to approve PcIili..ei n tension replan
Ytncnne. brachy voluntarily oITn crakes Wt Paltoia IM?dance s paopay Pall be roirwlul e. Billion f'
Minima 'ceroakg b approved by me r.ymerll4 Cy fatxll.
1 The are of Pah:aaa', properly WIII K Imrlted to enpe.eedty only wth 15i building lase.
PAIMMUa Ia width ,SII ac AI' W th.: amici lie mann at comms and ad de as
2 FeteAm of nano dol hale 1014 dick.
1. Minimum home sec dol lc If57 SF lased cud ale auditioned spot.
4. Each hum= 18.8 Oro a 2 a garage.
5. All wed' atoll be Sabi
6. Roof pint shall be 7It2 b 12' :.8 arch Octant shingles
7. A comae ptvaty fast doll he ittolksl shoo Patin= & 46s alrea.
R. There dean be 2 ealnrcn onto abs coot rd 1 rob Pa roc Sues sod olt0 mann 51111 be
ho0n»sd col steel Rom ind4d abaibr to the lowp•s poppy.
Y. All improvements shell he vont m Perdiem & 46s Sana on nvviS by the Ci,.
IB Quality ofce,nctimm of all Nocsa stall he reviewed and approved by lnfilcftni tsmmnime.
I I. M.i.,taan' of all connect spat yuan be made by Papery throat Avocation
12. All mailboxes dull be de nsUni bol end 16m1Aol Olestene the plat
15. Ih 'lathe o dull .ut.11 Iran dud the not propery IIx Isamdlog from abs Sbta wee 10W. len
J..R be r rad spaced 20• spit viten peatite txIntna hon in inn no will he ,awnl if p.Wu4
I4 Protective mecums ill be fad hu control of MI oythe Wave MM.
15. Petitkne specificity ern dot all ami rouictiuc nod lams del run with the hood pod bind all
Gain owners .a.k..end unil,pccifeally mimed by Rdepluttm or lab Fayetteville City Owed Thn
Bin ofAmamve tall be dltd b MEOW in IM Wka iagan County Cinch f1e1•e Officio alp
rehtroees mcbInp II earths and shall be Irvkd use my Find Pyf or Range Snk Lkvebprprat *tiro
includes mum .a all of Pdtbod's Property.
In I I NOBS RT
de up: or too
Tor. and .n .tJcsmmt with all oho tams ped coelWem Rated above, es the pwep.
aothwal valla . ui • dl ash enaneca
Ihle
S I A Ib llh ARKANSAS
CI /I IN Y OF WASHINGTON
1
1
NOTARY OATH
Ible
And mew on Rua _ do or 2002. appeared bdo,t tee. lam Oadbu s'4 arta hen
Plant gem his math nem or dRmod that they tread with the vim of diu (wll Annear reel .irmel Ther .virtu
shire.
My Commission Doer
TkdayPuthe
• • City Council Minutes
September 3, 2002
Page 2
HAY GROUP: A resolution amending the 2002 Budget authorizing the employment of
the Hay Group for work associated with personnel issues and for other purposes.
RESOLUTION 137-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
SKATE PARK: A resolution approving an agreement with Tony Hawk Foundation.
The Foundation will provide a $5,000 grant to the Fayetteville Skate Park upon receiving
the signed agreement.
RESOLUTION 138-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
HWY 180: A resolution affirming that the City of Fayetteville shall assume
responsibility for the entire section of Highway 180 upon completion of the
improvements from Township to Futrall.
RESOLUTION 139-02 RECORDED IN THE OFFICE OF THE CITY CLERK.
Alderman Santos moved to approve the consent agenda. Alderman Reynolds
seconded. The motion carried unanimously.
OLD BUSINESS
RZN 02-15.00: An ordinance approving rezoning request RZN 02-15.00 as submitted by
Dave Jorgensen on behalf of Larry Garriott for property located north of Persimmon
Street and west of 46th Street. The property is zoned A-1, Agricultural and contains
approximately 57.82 acres. The request is to rezone to R-1, Low Density Residential;
and to accept the attached Bill of Assurance. The ordinance was tabled on the second
reading at the August 20, 2002 meeting.
Alderman Santos moved to suspend the rules and move to the third and final
reading. Alderman Davis seconded. Upon roll call the motion carried unanimously.
Mr. Williams read the ordinance.
Mr. Dave Jorgensen presented a revised bill of assurance as a result of the meetings that
thcy had had. They had agreed to go to 83 foot wide lot minimums with a maximum of
158 building lots. The second compromise was the 80% brick. The third item was 1,850
square foot houses minimum.
Alderman Young asked if on the bill of assurance who the architectural committee would
be.
Mr. Jorgensen stated it would be the owners of the project at first, until 50% of the
ownership takes over similar to the POA at which time the committee would be the
property owners association.
• • City Council Minutes
September 3, 2002
Page 3
Ms. Sharon Davison, an area resident, expressed concern about the capacity of the sewer
plant and the traffic.
Mr. Gary Adams, an area resident, stated two years ago the city council had said no to a
subdivision in the same area because there was not enough infrastructure there to support
it. He thought very few changes had been made sincc then. He expressed concern about
the traffic and the schools in the area beginning at capacity. The sewage system was
three to four years away.
Mr. Bcshem zeta???? an area resident, stated he thought the revised bill of assurance took
care of a lot of his concerns. One major concern that he did not believe the developer
could not address, which was 46th Avenue. He expressed concern about the width of the
street and thc lack of sidewalks. He recommended that the city complete the
improvements all the way to Hwy 16.
In response to questions, Mr. Beottcher, Public Works Director, stated that there were
currently no plans to improve 46th Street, but there were plans to improve Broyles street
from the new sewer plant to Farmington and to use that as the primary egress and ingress.
He thought it might be wise to look at a through street.
Alderman Young stated the developers use to be required to sign a statement knowledge
that they would not be guaranteed hook ups to thc sewer, but Mayor Coody had done
away with that requirement.
Alderman Thiel stated that had been something that this council had approved and she
did not know why it had been done away with. It needed to stay in place
Mr. Williams stated it had been a notice that they could not guarantee service. They did
not really guarantee service anyway until they got a tap. This was to put people on notice
before the' election. Certainly, Alderman Young stated he had wanted that notice to
continue, he was sure that was what they were doing now. It would not change until they
passed a resolution. Their sewer plant was being designed and they were moving
forward. If it was done by resolution, it would continue until they passed another
resolution.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed by
a vote of 5-2, Santos and Jordan voting nay.
ORDINANCE 4411 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
OFF STREET PARKING: An ordinance amending Section 172.01, Off -Street Parking
Lot Design Requirement, of the UDO to provide a method for reducing off-street parking
requirements for properties that share a common parking facility and to revise parking
ratios for certain uses. Ordinance was Icft on the first reading at the August 20, 2002
meeting.
•
FEB -11-2003 03: 0415 FRds:
•
(REVLSF3y1 RILL Of ASSURANn'.
riot THE CITY 01 yAVF.TfEVILLI
70:5758202 P:2'2
•41
The buyer / dnwhew of ptopeny loaded d the NW Carta of 46a & Pasime Street mum articularly &salhod m
appnvime¢ly 59.60 Amo m wet of section 11 and pee of section 17 M 116N. it
e3I W�� y
Asia hWy vauntally offers this Hill of Avmttdchw hen sht3I�l
otrace with Ow
City ea Ityaanilk. Mtasat.
The pettumv etpresdy pian to the City of Fayetteville the eight to afore my and W of Ow teeno rd' R'll of
Aswan: in the CTaecm/Ca.vit Cowl of Watmpwu County and arca that if Petition or 1'dtwoc a hat.
Eddins.or atceownt violme any tam of this Bill ofAfNmaee auhueotial daWsnhk danusgejitshlYing mpsnctivc
N'et ha bout date to the MIAMI aJ City of Paya'evilk. Aransas 'he h
a^owled0a Hut the
nsii
Fayetteville Flag Cuuntissiot and elle rtycnc.We CeCouncil
y nesonahlY Min 141 du laffn and
wndeions within this Bill of Aswvwwc.
Petitioner hacks v'duslmrily offer assurance. oat Patna: and I'aituluv s 1>Apaty Shall Pic 'oarkld as follows:
ila ac of Paiu'oei s property scall be tibiad eo smyar mil only with 153 building kb ithuilmtun.
Kamm lot width dull be 30' u the wawa line atm a W ma and eel tY Jet
2. prawn of henvievi .MB have W% Ani
1. Mmiatua house size Mall Ir 3350 SF Petted aid allvn:Wlatch stone
4. Lail hoe hall have a 2 m garage.
5. All yards shell he sodded.
6 Roof path shell he T w IT with achilecn ni chiral=
A comer Ovary fawn van be Wailed along Persia -Ion & Kia sera
That shall bc Loran onto ie am aid 1 onto carona Street sod each wane '^Il he
landscaped aid sad haze amaulled MOW in the awes papacy.
9. All improvements shall A crock to Peesimon 8 Kan Stas to required by tat t'try.
lu ej'uluy ofmnanaino os an 0omo .hall he mined rad stinal In en a4 ung commence
11. Man cemet of dl women Noce nail bc mak by o napery Haar Aawnediuo
II. All ecalbe ass shall A: deexative hick and id'wit d lhnn about the palm.
11 la dneloper shalt Inwu tram along the amn poraty Hoe otadh'i tom sr Suvd west 500'. Size
shall tc 2' and seed 30' apart whet paean. Esism'a aro in deo aro will be sand if pom'Mc
14. Proactive COMMIS andl he f led for avant of all of ds shove Items
IS Patd'sui waci0tal Iy aeras oars all such ttsmeuas ad won* Mall no With die Iced out hid all
future owners mks%ad until weif.Wly rekaal by R'Sulalion d trao rlytuniik fray Camtll. 1LH
Bit of Amami: ball be tkd foe mend in the W alpon County Ciwalt Clot's Mtn sod doll a
anal on to Final Pot which .'J"des snot oe all nI Itnliuna's Propayy.
M WI1N lies WHEREOF. and a apeman with all la tam and a'dgdnns rad chose a the toote,
dcvckiee.w nuya (Fanta':) wIwWly oITa all wO awinina
NULARY OATS
Uac
STAIR Oh ARKANSAS
COUNTY OF WASIIINGION )
And now a this day of 2W3.woa.d Mon me. Cal Water sad eta being placed
upon his .Mtb swot anbmM aha dart weed wttl me ant of the Bill Asswact anti tend their morns a0me.
My CMmmiaiaa Erysnn
Whey Pu