HomeMy WebLinkAbout148-04 RESOLUTION08(16/2003 15:27 FAX 4795824807
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JORGENSEN & ASSOC
JORGENSEN & ASSOC
ADDENDUM NO.2 TO BILL OF ASSURANCE
FOR DAVID LYLE $IJBDMSION
This addendum No. 2 is intended to revise the R -O property referred to on page 4 of the
c:iginal Bill of Assurance.
The original Bill of Assurance states that no "residential structures shall be situated" and
this addendum revises this to allow for single family on said R-0 property,
Witness the execution hereof on this 5/
STATE OF ARKANSAS
day of C27 � , 2004.
ACKNOWLEDGMENT
COUNTY OF WASHINGTON)s. s.
BE IT REMEMBERED, that on this date, before the undersigned, a duly comrnissioned
and acting �j otary Pubic within and. for said County end State, personally
appearedIMkc Public
, to me well lmow u the persons who
executed the foregoing document, and who stated and acknowledged that they are duly
authorized in their respective capacities to mane the foregoing instrument for and in the
name and behalf of said corporation, and further stated and acknowledged that they
signed, executed and delivered said instrument for the consideration, uses and purposes
therein mentioned and set forth
WITNESS my hand and seal on this
My Commission Expires:
JUDITH ANN TYRA
Notary Public
Benton County, Arkaneae
Commission Expires: 7.1.2012
9
day of J`hj S Kf .2004.
Public 44÷
411002
ch 001
mapoompoommo
Doi b 0070 00001 Typo REL
Recorded M. /2004 at 08:33 23 AM
Fos Amt $0.00 Poo. 1 01
Sett*etom000Cnrcu tRClerk
m02004-00032757
E)dni bri- 9faro'
BILL OF ASSURANCE
This declaration of a Bill of Assurance is executed by
the undersigned Owners of the following real property located
in Fayetteville, Washington County, Arkansas, described as
follows, to -wit:
A part of the Southwest Quarter (SW%) of the
Southwest Quarter (SW1), the Northeast Quarter (NE;
of the Southwest Quarter (SW%), the Southeast
Quarter (SE's) of the Southwest Quarter (SW%), and
the Southwest Quarter (SW%) of the Southeast
Quarter (SE$) of Section Eighteen (18), and a part
of the Northwest Quarter (NW1/2) of the Northwest.
Quarter (NW§), the Northeast Quarter (NE:) of the
Northwest Quarter (NW$), the Southeast Quarter
(SE'j) of the Northwest Quarter.(NW\), the Northwest
Quarter (Nigh) of the Northeast Quarter (NE1), and
the Northeast Quarter (NE$) of the Northeast
Quarter (NE§) of Section Nineteen (19), all in
Township Sixteen (16) North, Range Twenty-nine (29)
West of the 5th Principal Meridian in Washington
County, Arkansas, being more particularly described
as follows:
From the Southeast corner of the SE: of the SW/ of
said Section 19, run N 0'01'34" W - 3556.47 feet to
a set iron pin, the POINT OF BEGINNING; thence N
56'30'24" W - 498.70 feet to a set iron pin; thence
S 0'01'34" E - 300:00 feet to a set iron pin on the
right-of-way of Arkansas State Highway 16; thence
along said right-of-way N 56'30'24" W - 1088.39
feet to a set iron pin; thence leaving said right-
of-way N 0'2'26" W - 1040.03 feet to a set iron
pin; thence N 89'53'42" W - 754.08 feet to a set
iron pin on the east bank of the West Fork of the
White River; thence along said east bank the
following bearings and distances:
N 45'43'37" E - 287.94 feet;
N 55'49'20" E - 95.44 feet;
N 36'30'18" E - 114.93 feet;
N 48'58'50" E - 229.31 feet;
N 44'01'14" E - 415.09 feet;
N 34'15'11" E - 222.77 feet;
N 14'41'45" E - 256.60 feet;
N 24'16'08" E - 166.59 feet; 95036372
N 29'32'22" E - 188.46 feet;
N 57'26'05" E - 262.26 feet;
6c(ab•i `[' fb 212
$d, A.3
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S 75'04'58" E - 243.01 feet;
S 49'51'28" E - 85.47 feet;
S 19'19'17" E - 869.08 feet;
N 84'50'18" E — 300.00 feet;
N 82'59'45" E - 236.57 feet;
S 77'04'49" E - 199.74 feet;
S 56'49'49" E _ 216.72 feet;
S 67'40'15" E - 555.33 feet to a set iron pin;
thence leaving said bank S 0'01'38" E - 708.61 feet
to a set iron pin; thence N 89'53'42" W - 122/76
feet to a set iron pin; thence N .76'24'19" W -
1233.58 feet to a set iron pin; thence S 0'01'34" E
- 1627.94 feet to the POINT OF BEGINNING,
containing 112.59 acres, more or less, subject to
easements and right-of-way of. record.
WHEREAS, the Owners of the real property described herein
are seeking the approval of the Fayetteville City Council to
amend Fayetteville zoning map to rezone from A-1 to R-0
(Residential -Office District) the following described
property:
A part of the Northeast Quarter (NE$) of the
Northwest Quarter (NW's) and the Southeast Quarter
(SE\) of the Northwest Quarter (NWS.) of Section
Nineteen (19), all in Township Sixteen (16) North,
Range Twenty-nine (29) West of the 5th Principal
Meridian in Washington County, Arkansas, being more
particularly described as follows:
Commencing at the Southeast corner of the SE; of
the Sigh of said Section 19, thence N 01-34 W
3616.29 feet to the POINT OF BEGINNING, said point
being 300.00 feet perpendicular distance from the
north right-of-way of Arkansas State Highway 16;
said point also being on the existing Fayetteville
City Limits;
Thence S 00-01-34 E 59.82 feet
Thence N 56-30-24 W 498.70 feet;
Thence S 00-01-34 E 300.00 feet to the right-
of-way of Arkansas State Highway 16;
Thence along said right-of-way N 56-30-24 W
1088.39 feet to the west line of said NEI* of
the NW\ of Section 19;
Thence N 00-02-26 W 359.90 feet to the
Fayetteville City Limit;
Page 2
95036373
GxkibittR%tects3
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Thence along said Fayetteville City Limit S 56-30-24 E
1587.20 feet to the POINT OF BEGINNING, containing 8.07 f'
acres, more or less.
.and,
WHEREAS, the Owners of the real property described herein
are seeking the approval of the Fayetteville City Council to
amend Fayetteville zoning map to rezone from A-1 to R -S
following described property;
A part of the Southeast .Quarter (SE$) of the
Southwest Quarter (SW%) of Section Eighteen (18),
and a part of the Northeast Quarter (NE$) of the
Northwest Quarter (NW%) and the Southeast Quarter
(SE%) of the Northwest Quarter (NW§) of Section
Nineteen (19), all in Township Sixteen (16) North,
Range Twenty-nine (29) West of the 5th Principal
Meridian in Washington County, Arkansas, being more
particularly described as follows:
Commencing at the Southeast corner of the SE$ of
the SWk, of said Section 19, thence. N 00-01-34 W
3616.29 feet to the POINT OF BEGINNING; said point
being 300.00 feet perpendicular distance from the
north right-of-way of Arkansas State Highway 16;
said point also being on the existing Fayetteville
City Limits;
Thence N 56-30-24 W 1587.20 feet along said
Fayetteville City Limit to the west line of said
NE§ of the NWS of. Section 19;
Thence N 00-02-26 W 830.13 feet;
Thence S 89-53-42 E 1323.46 feet;
Thence S 00-01-34 E 1703.58 feet to the POINT OF
BEGINNING, containing 38.49 acres, more or less.
WHEREAS, the remaining portion of the full tract of land.
from which the above two (2) tracts of property are taken is
to remain A-1; and,
WHEREAS, Owners are desirous of executing this Bill of
Assurance with the intention of guaranteeing the preservation
of certain values and amenities in the community and to bind
Page 3.
95036374
akobi4 "pita
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themselves, -their successors, .heirs, and assigns, and to
restrict the use of the herein described real property,
NOW THEREFORE, Owners declare the real property described
herein to be rezoned R -S
transferred, sold, conveyed,
covenant and restriction that
shall be held, developed,
and occupied subject to the
there will be no more than one
hundred fifty-four (154) dwelling units on said 38.49 acres
(four single-family homes per acres, as in R-1 zoning).
Owners declare the real property described herein to be
rezoned R-1 shall be subdivided into lots with a minimum size
of each lot of six thousand (6,000) square feet, and the
maximuum size of each lot to be ten thousand (10,000) square
feet.
Owners declare that the real property described herein
shall have protective
shall contain no less
(1,450) square feet.
covenants requiring that each house
than one thousand four hundred fifty
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Owners declare the real property described herein to be
rezoned R -O shall be held, developed, transferred, sold,.
conveyed, and occupied subject to the covenant and restriction
that no residential structures shall be situated on said 8.07
acres.
Owners declare that the remaining approximately 66 acres
(flood plain area) shall be a permanent conservation easement,
and will be restricted to agricultural use only, except the
City park area.
Page 4
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1
950363'75
Ex.ki bii "A" cet.ile5
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Owners declare that -a minimum of six (6) acres of the
flood plain will be dedicated for a City park.
Owners declare and agree to make an offsite contribution
for use and improvement of the Route 16 -Hwy. 265 intersection,
to help mitigate the traffic impact of the development, to be
paid to the City at its call, in the amount of Twenty-five
Thousand and 00/100 Dollars ($25,000.00).
Owners declare that the parking areas for the tract to be
zoned R -O shall be screened from view of Hwy. 16.
Owners declare that the entire tract will have not more
than four (4) access points from Hwy. 16 and that there will
be significant landscaping along the Hwy. 16 frontage.
Owners declare that not less than four (4) large canopy
trees, as specified in the Fayetteville landscape ordinance,
with at least one (1) each DBH will be required on each lot,
to be provided by the owner of said lot at the time of
construction of a structure on each lot.
WITNESS our signatures:
OWNERS
ton' By
CITY OF,,FAYETTEVILLE
FADIL BAYYARI
GERALDINE BAYYARI, by Fadil
Bayyari, pursuant to authority
contained in Power of Attorney
Page 5
95036376
ACKNOWLEDGMENT
STATE OF ARKANSAS
.COUNTY OF WASHINGTON �yf
On this the 4'94 day of June, 1995, before me the
undersigned office, personally appeared Fadil Bayyari and
Geraldine Bayyari, by Fadil Bayyari, pursuant to. authority
contained. in Power of Attorney, whose names are subscribed to
the within Bill of Assurance and acknowledged that they
executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official
seal.
ss.
My Commission Expires:
3-3-3
STATE OF ARKANSAS
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No ary Public
ACKNOWLEDGMENT
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ss.
COUNTY OF WASHINGTON ).
Z -UW
On this the 2Dril day of Jena, .1995,
undersigned office, personally appearedA
for the City of Fayetteville, known to me to
whose name is subscribed to the within Bill of
acknowledged that he executed the same for
therein contained.
seal.
before
be the person
Assurance and
the purposes
me
the
IN WITNESS WHEREOF I hereunto set my hand and official
/14F IGiV Cl*Eil+sion Expires:
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No ary Public
Page 6
0695\05.03
95036377
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 148-04
w/Amendment No. 2 & Bill of Assurance
Document
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NOTES:
1
09/03/04
memo to mayor & City Council
2
draft resolution
3
letter from Jorgensen & Associates
4
copy of preliminary plat
5
copy of map of David Lyle
Subdivision
6
copy of legal description
7
copy of Ord. 3911
8
copy of Planning
Commission minutes 12/17/96
g
copy of Addendum to Bill of
Assurance 7/24/95
10
memo to City Council
11
copy of City Council minutes 4/4/95
12
copy of City Council minutes 4/18/95
13
copy of City Council minutes 5/2/95
14
copy of City Council minutes 7/5/95
15
copy of City Council minutes 12/5/95
16
copy of City Council minutes 12/19/95
17
copy of Ord. 3912
18
copy of Ord. 3911
19
copy of Ord 3899
20
Staff Review Form
21
memo to Dawn Warrick
NOTES:
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City Council MeetingIPSeptember 21, 2004 / «2
Agenda Item Number
/106",//
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator(
Date: September 03, 2004
Subject: ADM 04-1180 Request to amend the Bill of Assurance offered for property to
be developed south of the David Lyle Subdivision
RECOMMENDATION
Planning Staff recommends approval of a resolution amending the Bill of Assurance
originally submitted with rezoning R95-05 (approved by ordinance #3911) on May 02,
1995 and later amended by City Council.
BACKGROUND
The subject property was rezoned from R -A, Residential Agricultural to R -O, Residential
Office in 1995, subject to approval of the associated annexation and a Bill of Assurance
offered by the applicant. Several other properties owned by the applicant were rezoned
concurrently, along with an annexation approval of approximately 99 acres. A portion of
the property has developed as a single family residential subdivision known as David
Lyle Subdivision, directly to the north of the subject parcel. The first amendment to the
subject Bill of Assurance regarding the sizes of homes to be built was made during the
Final Plat of the David Lyle Subdivision.
The current tract, containing approximately 8.07 acres and zoned R -O, Residential
Office, is platted as three separate out lots of the David Lyle Subdivision, located along
Hwy 16 East. The associated Bill of Assurance prohibits this undeveloped property from
developing with any residential structure. Within the R -O, Residential Office zoning
district, single family and two family dwellings are uses allowed by right. The applicant's
amendment proposes to allow for single family residential structures on the subject
property. The proposal to amend the Bill of Assurance must be approved by the City
Council.
DISCUSSION
The applicant has submitted an amended Bill of Assurance, as well as a conceptual site
layout for the subject property. The desire is to develop the property with single family
homes that access interior streets.
BUDGET IMPACT
None.
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RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENTS TO THE BILL OF
ASSURANCE SUBMITTED FOR R95-05 SUBMITTED WITH
ORDINANCE NO. 3911, AND APPROVED BY TH E CITY COUNCIL
ON MAY 2, 1995.
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. 3911, passed and approved by
the City Council on May 2, 1995 and revised by the Planning
Commission in 1996. A copy of the revised Bill of Assurance, marked
Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 21st Day of September, 2004.
ATTEST:
By:
Sondra Smith, City Clerk
APPROVED:
By:
DAN COODY, Mayor
08/18/2003 15:27 FAX 4795824807
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JORGENSEN & ASSOC
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JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDCE, SUITE 5 • PAYETTEVILLF, ARKANSAS 72703 • (479 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT, P.E.
8/12/04
City of Fayetteville
113 W. Mountain
Fayetteville, Alt 72701
ATT: Jeremy Pate
Re: David Lyle Village Phase 3
Dear Jeremy;
Attached herewith please find "Addendum No. 2 to the Bill of Assurance" for David Lyle
Village.
This addendum No. 2 is for the R -O zoned property between David Lyle village and
Hwy. 16 East.
The original Bill of Assurance is recorded in the Washington County Courthouse as
document # 95036372.
Addendum No. 2 allows single-family residences in the R -O zoned property. Page # 4 of
the original Bill of Assurance states no residential structures shall be allowed.
The Addendtun No. 2 has been approved by POA.
We would like this Addendum No. 2 to be presented to the City Council (if required) so
that we can proceed with submittal of a preliminary plat for phase 3 of David Lyle
Village.
Please call concerning any questions you may have.
Thank you.
Sincerely;
avid L.J fgensen P E
• STRUCTURAI. DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING
itVJORGENSEN & ASSOCIATES
�.a CIVIL YENGINEERS . SURVEYORS
DAVID LY E VILLAGE PRASE J
PRELIMINARY PL A"l
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EXHIBIT "A"
LEGAL DESCRIPTION FOR R95-05
A part of the Northeast Quarter of the Northwest Quarter and the Southeast
Quarter of the Northwest Quarter of Section 19, all in Township 16 North, Range
29 West of the 5th Principal Meridian in Washington County, Arkansas, being
more particularly described as follows: Commencing at the Southeast corner of
the Southeast Quarter of the Southwest Quarter of said Section 19, thence N
01°34' W 3616.29 feet to the Point of Beginning; said point being 300.00 feet
perpendicular distance from the North right-of-way of Arkansas State Highway
16; said point also being on the existing Fayetteville City Limits; thence S
00"01'34" E 59.82 feet; thence N 56°30'24" W 498.70 feet; thence S 00"01'34"
E 300.00 to the right-of-way of Arkansas State Highway 16; thence along said
right-of-way N 56`30'24" W 1088.39 feet to the west line of said Northeast
Quarter of the Northwest Quarter of Section 19; thence N 00"02'26" W 359.90
feet to the Fayetteville City Limits; thence along said Fayetteville City Limits S
5630'24" E 1587.20 feet to. the point of beginning, containing 8.07 acres, more
or less.
95036407
►LEO FOR RECORD
a21 0fq 9 50
ORDINANCE NO. 3911 WASHINGTON CO AR
K• HARNESS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R95-05 FOR A PARCEL
CONTAINING APPROXIMATELY 8.05 ACRES LOCATED AT
4240 HUNTSVILLE REQUESTED BY WAYNE AND
DARLENE COUNTS, HUSBAND AND WIFE, LARRY AND
DIANE OMOHUNDRO, HUSBAND AND WIFE, AND FADIL
AND GERALDINE BAYYARI, HUSBAND AND WIFE;
REZONING SHALL BE CONTINGENT UPON APPROVAL OF
ANNEXATION OF THE SUBJECT REAL PROPERTY OF
APPROXIMATELY 99.8 ACRES.
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:
R95-05 for the real property described in Exhibit "A" attached hereto and made
a part hereof.
From A-1, Agricultural District to R -O, Residential -Office District.
Section 2. That such rezoning shall be contigent upon Council approval of annexation
of the subject real property of approximately 99.8 acres.
Section 3. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this 2nd day of May 1995.
ATTEST:ititX
By • : 22X/J1
Traci Paul, City Clerk
APPROVED:
By:
aavniamom
95036406
ce �t\Y1U4L
December 17, 1996
)9
Alderman Williams moved to go to the second reading. lderman
Miller seconded.- Upon roll Call, the motion passed on - vote of 8
to 0.
City Attorney Rose read the ordinance for the -cond time.
Alderman Schaper was a little ,cancer
requirements of competitive bidding.
else around able to do this kind.of
waive the competitive bidding proc-
it. Next time, about six mont
invite proposals just to see i
interested in this kind of wo
to do more in commercial d
about waiving the
ere really isn't anyone
rk, so that is a reason to
s; but he was hesitant about
before expiration, we should
there is some other organization
He hoped they could be encouraged
elopment.
Alderman Schaper moved o suspend the rules and go to the third and
final reading. Ald n Williams seconded. Upon roll call, the
motion passed on ote of 8 to 0.
City Attorney •ose read the ordinance for the third time.
Mayor Han asked for further comments. There were none. He
galled '`fo the vote.
Upon oll call, the ordinance passed on a vote of 8 to 0.
O''INANCE 4010 IS FOUND ON PAGE OF ORDINANCE BOOR
DAVID LYLE SUBDIVISION BILL OF ASSURANCE
Mayor Hanna introduced a discussion and possible amendment of the
Bill of Assurance for David Lyle Subdivision. -Mayor Hanna stated
the Planning Commission approved this but they wanted to send it
back for the Council's final approval since the Council was
originally involved in the issue.'
City Attorney Rose stated if the Council wishes to agree with the
Planning Commission, a motion would be in order to confirm their
decision of final plat approval regarding this project.
Alderman Young asked if it needed to be a resolution.
Rose stated it would be a simple motion.
Alderman Daniel made a motion to accept the Planning Commission's
approval of the Bill of Assurance. Alderman Schaper seconded the
motion.
Alderman Williams asked the City Attorney for clarification.
Rose stated there is a motion on the floor which would approve the
Planning Commission's decision to award final plat approval to the
David Lyle Subdivision.
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ADDENDUM TO BILL OF ASSURANCE
This addendum is executed to run with Bill of. Assurance from Fadi1
Bayyari to the City of Fayetteville dated the 6th of June, 1995 and
filed in the Book of Records 75--. page 36.372 at Washington
County, amending Page number 4 Paragraph number 4. to read as
follows:
. one thousand two hundred (1200) square feet
—o a - gm,
........ ••;'
•'G�•snit'ny`
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'Di,',` .......... ;h el
„ 4 thad
95036691
X99
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
TO: Fayetteville City Council
FROM: Alett Little, City Planner
DATE: December 6, 1996
SUBJECT: David Lyle Subdivision, Resolution of Bill of Assurance Issue
Planning Commission met on December 2, 1996 to discuss business originally set for hearing at
the regularly scheduled meeting of November 25, 1996 (this meeting was canceled due to snow
and ice). Planning Commission approved David Lyle Subdivision, subject to four staff
comments. The fourth condition recommended by staff was that the covenants of the subdivision
should be revised to match the Bill of Assurance given to Council stating a minimum house size of
1450 square feet - the covenants presented to the City stated a minimum house size of 1200
square feet. Minutes of the Planning Commission meeting on the above captioned item are
attached.
At the meeting, Mr Bayyari reminded staff that he had submitted an addendum to the Bill of
Assurance lowering the square footage of the houses to 1200 square feet. Discussion then ensued
as to the legality of the addendum since it had not been presented to Council.
Planning Commission resolved the legality issue by requiring the discussion of the change of the
minimum square feet per house in the Bill of Assurance to be held and decided at the Council
level. Copies of minutes of all meetings before Council are attached and notes have been made to
identify pertinent parts of the minutes where the Bill of Assurance was discussed. Staff was
unable to find references in the minutes where the size of the houses were discussed. There are
discussions on minimum lot sizes and average sale price of homes which are indirect references to
the size of the homes.
STAFF RECOMMENDATION:
Staff recommends approval of lowering the minimum size of houses in the Bill of Assurance from
1450 square feet to 1200 square feet based on the following findings:
1. Discussion of house size was not a key Issue in the negotiations that led to the rezoning.
2. Affordable housing was a key issue in the discussions and houses of 1200 square feet cost less
(are more affordable) than houses of 1450 square feet.
3. The Council accepted the original Bill of Assurance with its action on July 5, 1995, and Mr.
Bayyari filed the addendum on July 24, 1995, after talking with those with whom he had the most
negotiations (ie. The addendum has been filed at the County for over one year and this is not a
recent change of heart on Mr Bayyari's part).
4. While Bills of Assurance were discussed as clearly reflected in the meeting minutes and the Bill
of Assurance was relied upon in making the Council decision, the final ordinances passed do not
tie the Bill of Assurance to any one of the actions taken by Council (ie. the City's case in being
able to require compliance with the Bill of Assurance is weakened by not tieing the action to the
Bill of Assurance). Copies of the faces of the ordinances on the three actions are attached.
Nonetheless, Mr. Bayyari stands ready to meet the terms he thought had been accepted by the
city, including constructing houses no smaller than 1200 square feet By this Mr. Bayyari is not
saying that some of the houses will not be larger than 1200 square feet - he is only saying that
none of them will be smaller.
5. Adequate public notice has been given to the public as staff has provided a copy of this
correspondence to persons who are adjacent property owners, and they will be given the
opportunity to present their concerns prior to the final Council resolution of this matter.
Should you have any questions about this matter, please call me at 575-8305. This is a lot of
information and covered a long period of time, and we understand that this issue is not easy We
appreciate your patience and consideration!
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April 4, 1995
137
Dirk Elsass stated that he had no comments and further stated he
was available to answer any questions.
Alderman Parker inquired as to whether or/ not the language was
acceptable to the utility representatives.:
Little stated that Dave Jurgens was present
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Little that after several
on site meetings was satisfied that ,the 3 foot easement would be
adequate.
Discussion ensued regarding why /the easement space was necessary.
Elsass gave a history of tyre tract and stated that at purchase they
had anticipated adjustments\,to meet the easement requirements,
setback requirements, and green space requirements.
In answer to a question Aim Alett Little regarding the date the
subdivision was platted, Elsass stated that he thought it was
platted 5 years ago but was not certain.
,Alderman Williams stated that he felt i`would be appropriate to be
accommodating in /situation such as this
Williams, seconded by Young, moved to suspend the rules and place
the Ordinance On the second reading. Upon roil call, the motion
passed with,a vote of 7 to 0.
The City Attorney read the Ordinance
ec
for the secgnd time.
Miller, rdeconded by Daniel, moved to suspend the rules and place
the Ordinance on the third and final reading. Upon roll call, the
motion/passed with a vote of 7 to 0.
The City Attorney read the Ordinance for the third and fh al time.
Upon roll
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ORDINANCE
\c---;;NEXATION
call the Ordinance passed with a vote of 7 to O.
3885 APPEARS ON PAGE OF ORDINANCE BOOR
& REZONINa'R95-5/AND R95-6
Mayor Hanna introduced consideration of an ordinance annexing 99.8
acres located north of Huntsville Road and east of Jarnagan Lane
and rezoning 38.49 acres of the property from A-1, Agricultural to
R-1, Low Density Residential and 8.07 acres of the property from A-
1, Agricultural to R -O, Residential -Office.
Mayor Hanna stated the Planning Commission voted 4-2-0 to recommend
the annexation and 5-1-0 to recommend the rezonings.
The City Attorney explained the 3 Ordinances and introduced a
letter from Rick Osborne, Attorney for the applicant.
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