HomeMy WebLinkAbout34-04 RESOLUTION•
RESOLUTION NO. 34-04
A RESOLUTION TO APPROVE A SECOND AMENDMENT
TO THE BILL OF ASSURANCE SUBMITTED WITH ORDINANCE
NO. 4411 AS AMENDED BY RESOLUTION NO. 28-03
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the second amendment to the Bill of Assurance which was submitted with
rezoning Ordinance No. 4411 passed and approved by the City Council on September 3,
2002, and further amended by Resolution No. 28-03; passed and approved by the City
Council on February 18, 2003. A copy of the revised Bill of Assurance is attached
hereto, marked Exhibit "A".
PASSED and APPROVED this the 2"' day of March, 2004.
•,
Y
f' a(r A,YET,!� 4
SONDRA SMITH, City Clerk
a
By:
APPROVED:
DAN COODY, Mayor
vic
•
(REVISED) BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE
The buyer / developer of property located at the NW Comer of 46h & Persimmon Street more particularly described as
approximately 59.60 Acres in part of section 11 and part of section 12 of T I6N, R 31W in Washington County
Arkansas hereby voluntarily offers this Bill of Assurance and caters 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 Chancery/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 reasonably rely upon all of the terms and
conditions within this Bill ot'Assurance.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows;
1. The use of Petitioner's property shall be limited to single-family only with 158 building lots maximum.
Minimum lot width shalt be SO' at the setback line except at curves and cul de sacs.
2. Exterior of homes shall have 80% brick.
3. Minimum house size shall be 1850 SF heated and air-conditioned space.
4. Each house shall have a 2 -car garage.
5. All yards shall be sodded.
6. Roof pitch shall be 7" to 12" with architectural shingles.
7. A decorative masonry and wood privacy fence six feet in height shall be installed along Persimmon &
46th street.
8. There shall be 1 entrance onto 46'" street and 1 onto Persimmon Street and each entrance will be
landscaped and steel fence installed similar to the lower's property.
9. All improvements shall be made to Persimmon & 46th Street as required by the City.
10. Quality of construction of all houses shall be reviewed and approved by an architectural conunittee.
11. Maintenance of all common space shall be made by a Property Owners Association.
12. All mailboxes shall be decorative brick and identical throughout the project.
13. The developer shall install trees along the north property line extending from 46th Street west 500'. Size
shall be 2" and spaced 30' apart where possible. Existing trees in this area 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 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 and shall be
noted on the Final Plat, which includes some or all of Petitioner's Property.
IN WITNESS WHEREOF, and in agreement with all the terms and conditions stated above, as the owner,
devel r .er or buyer (Petitioner) voluntarily offer all such assurances.
Date
NOTARY OATH
STATE OF ARKANSAS •
COUNTY OF WASHINGTON
Date
alike
And now on this 10 day of Maf-C4. 2003, appeared before me, Carl Walker and after being placed
upon his oath swore or affirmed that they agreed with the terms of the Bill Assurance and signed their names above.
My Commission.Exp,� , --,-
r n l n % SUE CE;T%
ER
OINR.r� ARKANSAS
WASHINGTON
GTOF COU'UTY
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N rtary ublc
1111111IIIIIIIIIIIWIIIIIIIIIIIIII III IIIIII1F11111IIIIIIIIIIIIIIIHIII11
Do ID 007053 5000 Tvoe REL
Re orded 03 12 004 a 09:41 35 AM
Fee Amt: $8.00 Pace 1 f 1
Ma hlnaton Coun v. AR
Bette' Stamps C1 cuit C erk
Ff1e2004-00009198
•
NAME OF FILE: Resolution No. 34-04 w/amendment
CROSS REFERENCE:
Item #
Date
Document
1
02/13/04
memo to mayor and city council
2
draft resolution
draft resolution
02/10/04
memo to Subdvision Committee
02/03/04
copy of Jorgensen & Associates letter
draft Revised Bill of Assurance
09/03/04
Ord. No. 4411
02/18/03
Res. No. 28-03
copy of Close Up View
copy of One Mile View
02/18/04
Staff Review Form
email to Dawn Warrick
faxed copy of Revised Bill of Assurance
03/16/04
memo to Dawn Warrick
NOTES:
•
L/D5/
City Councileting of March 2, 20044a
d
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director IT( -
dl 5,1/ )i Ss rvrp
fl Ztba _/S Ov
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: February 13, 2004
3W
Subject: Request to amend the Bill of Assurance offered for property being developed as
the Persimmon Place subdivision
RECOMMENDATION
Planning Staff recommends approval of a resolution amending the Bill of Assurance
originally submitted with a rezoning (approved by ordinance #4411) on September 3,
2002 and later amended by resolution 28-03.
BACKGROUND
The amendment proposes to allow a decorative masonry and wood privacy fence along
Persimmon and 46th Street, as opposed to the concrete privacy fence noted in item #7 of
the Bill of Assurance. The proposal to amend the Bill of Assurance also amends the
approved PPL03-1.00 condition of approval #8, which states "The proposed concrete
privacy fence shall be six feet in height" to allow for a "decorative masonry and wood
privacy fence six feet in height."
DISCUSSION
In 2002, the applicant offered a Bill of Assurance providing the fence/wall as a
compromise to appease concerned neighboring residents. The developer held to the
approved Bill of Assurance with the Preliminary Plat proposals for Persimmon Place,
indicating a concrete fence on the plat. At this time, the developers of Persimmon Place
and the potential developer of a subdivision across 46th Street from the subject property
(Crosskeys R-PZD) have met to coordinate fence/wall construction along 46`h Street and
have submitted the requested amendment.
BUDGET IMPACT
None.
1
• •
RESOLUTION NO.
A RESOLUTION TO APPROVE A SECOND AMENDMENT
TO THE BILL OF ASSURANCE SUBMITTED WITH ORDINANCE
NO. 4411 AS AMENDED BY RESOLUTION NO. 28-03
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS•
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the second amendment to the Bill of Assurance which was submitted with
rezoning Ordinance No. 4411 passed and approved by the City Council on September 3,
2002, and further amended by Resolution No. 28-03, passed and approved by the City
Council on February 18, 2003. A copy of the revised Bill of Assurance is attached
hereto, marked Exhibit "A".
PASSED and APPROVED this the 2"d day of March, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
By
APPROVED:
pR
014
DAN COODY, Mayor
• •
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENTS TO THE BILL OF
ASSURANCE SUBMITTED FOR THE PERSIMMON PLACE
SUBDIVISION WITH ORDINANCE NO. 4411, AND RESOLUTION
28-03 PASSED AND APPROVED BY THE CITY COUNCIL ON
SEPTEMBER 3, 2002 AND FEBRUARY 18, 2003.
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 and revised and approved by the
City Council on February 18, 2003. A copy of the revised Bill of
Assurance, marked Exhibit "A" is attached hereto and made a part
hereof.
PASSED and APPROVED this 2nd Day of March, 2004.
ATTEST:
By:
Sondra Smith, City Clerk
APPROVED:
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
•
ADM 04-0100
Page 1
SC Meeting of February 12, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
TO: Subdivision Committee Members
FROM: Jeremy Pate, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE- February 10, 2004
ADM 04-07.00: Administrative Item (Persimmon Place, pp 438) was submitted by Chris Brackett
of Jorgensen & Associates on behalf of the developer of Persimmon Place Subdivision. The request
is to amend item 7 of the Bill of Assurance to allow a wood and masonry fence.
Findings:
Proposal: The applicant proposes to amend the Bill of Assurance associated with the approved
RZN 02-15.00 (Garriott): The amendment proposes to allow a decorative masonry and wood
privacy fence along Persimmon and 46th Street, as opposed to the concrete privacy fence noted in
item #7 of the Bill of Assurance. The proposal to amend the Bill of Assurance also amends the
approved PPL03-1.00 condition of approval #8, which states "The proposed concrete privacy
fence shall be six feet in height" to allow for a "decorative masonry and wood privacy fence six
feet in height."
Background: The subject concrete fence was not required by the Planning Commission nor the
City Council in approvals of the Rezoning request from R -A to RSF-4 (see attached minutes).
Rather, the applicant offered the fence as a compromise to appease concerned neighboring
residents. The developer held to the approved Bill of Assurance with the Preliminary Plat
proposals for Persimmon Place, indicating a concrete fence on the plat. At this time, the
developers of Persimmon Place and the potential developer of a subdivision across 46th Street
from the subject property (Crosskeys R-PZD) have met to coordinate fence/wall construction
along 46`s Street and have submitted the requested amendment.
Recommendation: Staff recommends forwarding ADM 04-07.00 with a recommendation of
approval to the full Planning Commission for consideration, with the following condition:
Conditions of Approval:
1. The amendment to the Bill of Assurance shall be restated to include "a minimum of six
feet in height."
Subdivision Committee Action:
O Approval d Forwarded to P.C.
3-00
KlReports11004LSCReports101-11-04LIDM04-07.00 (Persimmon Placejdoc
•
Meeting Date: February 12, 2004
Comments:
ADM 04-07.00
Page 2
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K:IReports120041SCReports102-/2-04UDM 04-07.00 (Persimmon Placeidoc
FEB -3-2004 11:288 FROM:
SIR
•
T P:213
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDCE, SUITE 5 • PAYE7 1EVILLE, ARKANSAS 72703 • (179) 112-9127 • FAX (479) S8Z-4a117
DAVID L. JORGENSEN, PF., P.I..S.
CHRISTOPHER If. BRACKET!, P.E.
February 3, 2004
City of Fayetteville
Planning Department
113 W Mountain Street
Fayetteville, AR 72701
Attn: Dawn Warrick
Re: Persimmon Place Bill of Assurances
Please place this revised Bill of Assurances for the Persimmon Place Subdivision on the
February 12 Subdivision Committee meeting agenda. We have revised item #7. The
original stated "A concrete privacy fence shall be installed along Persimmon & 46th
street". This has been changed to "A decorative masonry and wood privacy fence shall
be installed along Persimmon & 4611i street".
This change was the resuh of meetings between the developers of the Persimmon Place
Subdivision and the Cross Keys Subdivision. These meetings were requested by the City
Planning staff to coordinate the fence construction along te street.
Please call concerning any questions you may have.
Thank you.
Sincerely;
a 42
Christopher 13. Tirackett, P.F. •
• STRUCTURAL DESIGN • 1.AND 1)(VPI.OPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING •
FEB -3-2004 11:288 FROM:
(REVISED) BILL OP ASSURANCE
FOR THE CITY OF.FAYET EVIL.IE
TO: 5758282
•
The btda/devdopa of property loaded a the NW Coon x'466 a Pathan Som mac pardadetly deaatbed as
apptmmatdy 39.00 Atm Int put of auction 11 and part of section 12 of 1.16N. R MW in Washington County
Arbours hereby volomaly ones Ihb BW of Assurance and meta solo this binding 'greanay and contract vlth dm
Cary of Feytma0k Mimosas.
The pa:Mon expedyglau to the Gly ofFayetteville the right to enflcoeany and all of the tans of ddsBW of
Awesome in the litany/Cf Wll Court of Washing= Canty and agrees Mn ifPetitioner or Petitioner's hen.,
ormctmws violas any tam ethic BW ofAsmmax r'Mamu1 irreparable damage Justifying Injunctive
relief bas ben done to the dlisen aid City of Fayalcvi84 Aransas The Peddna ortnvkdga that the
Faydk ilk Pluming Commission and the Fayetteville Coy Council will rmmamty rely upon W afro terms and
ooadidons within this RW of A,.wamm,
Paldooe Ittschy vohmooily Milts mamas the Petitioner ml Petitioner's popery Mall he restricted as follows:
1. 'Ibt use ofPadooa's property deft be limkd to smgso•faaty aunty with 15116010.° lege vmdaw
Minimum lot width shall be SO' a the setback line except a dares rid end de sacs
2. Bekaa of ham dull have SO% Met.
3. Mivinnvn horse dze mal be IMO SF hand and ancadiddad ides
4. Each house Ball have a 2 �r gaegc.
5. All yards shall be suWnl.
G Roof pitch author sol 2" with architectural Abgla.
•
T. A doaradve masonry IS wood privacy faun shag be inial ld along Perslmon & 46‘ paced.
& mac Ball he 1 enhance onto err' arca and 1 mo Persimoa Street and each mama will be
Landscaped ed Mas faux tAdkd similar to Se /Owa's prapesy.
9. All bnpmvananus shell be made to Paslmm 8 46r Sum as 'cooked by the City.
10. (]amity nfesnmucdm of W bonus shall be reviewed and improved by an architectural awe/dna
11. Manama of all common qnm dal be meds by a Properly Osaka Ayodadot
12. All mailboxes Math°daonve Mick and ldmtkal throughout the project
13. The developer stall mal I ham Ming d.e norm property lit extending Rom 46a Street west 5001. Size
Mall be 2 ad maned 30' apart where posebk. Existing nor in sob area will he await ifpo®bk.
14. Piaecdve armmta mag be alta for eomml of all of the above itam.
15. Petitioner spccifindly agrees that all mer restrictions and raw Mal ma with the lad vW bind all
Mme owns aka and mal specifically .deavd by Resohnlon tithe Fayetteville City Counal. ibis
Rid of Assurance mal be ®ed for record in dee Washington County Cimdt Cart's Office and shall M
need on time Final PW, which indica some or W ofPeBBma's Piiupaty.
IN W17NFsS WIMP and in agreement with al the raw ad aadaiaasidd abort, as the owner.
developer Or buyer (Perkaa) vdunsnnly oiler all such atmmces.
P:3,3
Dale DMc
NOTARY OAT((
STATE OF ARKANSAS
(UUNry OF WASHINGTON
And now on this dry of 2003,9pptared before mc. Cal Walker and oda being plead
mica h8 oath swat or efnmed dim they agrad with the taw of the Bill Assamee and signed Mar names above.
My Cismmirairn Faphes:
Notary
ORDINANCE NO. 4411
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-15.00 FOR A.PARCEL
CONTAINING APPROXIMATELY 57.82 ACRES LOCATED
NORTH OF PERSIMMON STREET AND.WEST OF 467
STREET, FAYETTEVILLE, ARKANSAS, AS SUBMPfTED BY
DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON
• BEHALF OF THE PROPERTY OWNERS.
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 A-1, Agricultural to R-1, Low Density Residential 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 subject to a Bill of Assurance.
as offered by the applicant.
PASSED and APPROVED this 3nd day of September.
APPROVED:
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.
ATTEST:
BY
Sondra Smith, City Clerk
By
•
ala
PPL03-1.00
Close Up View
1�
PERSIMMON PLACE
1S17affiCT'PRO9ERTY:
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STAFF I1IIP/IEW FORM - NON-FINANCIAL OiGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: March 2, 2004
FROM:
Dawn Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: Resolution approval.
SUMMARY EXPLANATION:
To approve ADM 04-07.00 to consider amending the Bill of Assurance approved with Resolution No. 28-03,
changing item number seven, "A concrete privacy fence shall be installed along Persimmon and 46th Street."
to "A decorative masonry and wood privacy fence six feet in height shall be installed along Persimmon and
46th Street."
STAFF RECOMMENDATION: Approval.
?�
Di*i sion Head ate
City Attorney
Z r/a��
Date
Department Director Date
At
Finance & Internal ices Dir.
Chief /' inistrative Officer
Mayor
2 •(t-4'
Date
•I8 o9
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
a-0-
Date
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
Clarice Pearman - Bill of Assurance am
ent
Page 1 I
From:
To:
Subject:
Clarice Pearman
Warrick, Dawn
Bill of Assurance amendment
The city council passed a resolution approving the revised Bill of Assurance for
get a sign original to continue the resolution process.
Also in the first sentence, "NW corner of 46th & Persiman Street", is that right?
Street.
Thanks.
Persimmon Place. Please
The spelling on Persiman
•
(REVISED) BBL OF ASSURANCE
FOR THE CITY OF FAYET1EVB,LE
LIEGE VED
FFR 1 8 2882
The Sutra / developer of PLANNING DN.
property located at the NW Coma of 46a & Pasintan Smit more parycul sly described as
approxitately 59.60 Anes in part of section 11 and part ofsecdoo 12 ofT16N, R 31 W in Washington Cmmty
Arm hereby voluntarily offers this Bin of Assurance and enters into this binding agreement and contract with the
City of Fayetteville, Mamas.
petitioner
n in expressly grants to the City ofFaycucville the right to enforce any and all of the tams flit' BTI of
Assuranchancery/Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs,
assigns, or weevers violate any tam of this BRI of Assurance, substantial
relief has been dame to the citizens and City of Fayetteville, Arkansas The Petitionerk damage
�Nal
ges Mat the
injunctiveinjunctiveFayetteville Planing Commission and the Fayetteville
conditions within this Bill of Assurance. City CouneB will reasonably rely upon all of the taw and
•
Petitioner hereby voluntarily offers assurances that Petition and Petitioner's property shat he restricted as follows;
1. The use of Petitioner's pmpaty shall be limited to single-family only with 158
building Minimum lot width shall be 80' at the setback line except at curves and cul de sacs.
lob maximum
2. Exterior of homes shell have 8074 bride
3. Minimum house size shall be 1850 SF heated and air-conditioned space.
4 Each house shall have a 2 nu garage
5. All yards shall be sodded.
6. Roof pitch shall be r to i2" with architectural shingles. _ .
7. A concrete privacy fence shall be installed along Persimon & 46" strep.
8. There shall be 1 mance onto 46' street and 1 onto' Pasant' Sine and each enhance wi11 be
landscaped and steel farce installed similar to the dower's property.
9. All improvements shall be made to Pasimon & 46' Street as required by the City.
•
10. Quality ofcotstme ion of all houses shall be r&viewed and approved by an architectural committee,
11. Maintenance of all cowman space shall be made by a Property Owners Association. . .
12. All mailboxes shall be decorative brick and identical throughout the project
13. The developer shall shall install races along the oath properly line extending from 46" Sheet wet 500. Stitt
spaced 30' apart what postale. Existirtg trees in this area will he saved if possible.
14. Protective covaunts shall be filed for control ofall of the above items.
15. Petitioner speeifirslly agrees that all such rrstriaions and terms shall run with the land and bind all
future owns ales and until specifically aekased by Resoluta of the Fayetteville Cary Commit This
Bt
Assurance shall be filed for record in the Washington County Circuit Clerk's Office and shall be
noted on the Final Plat, which includes some or all of Petitioner's Property.
with all the tams and conditions stated above, as the own,
tarily offs all such assurances.
Date
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Date
And now on this 1 i day of t's".r�ta.1� 2003, appeared before
upon his oath swore or of irvad tat 1 nae. Gari Walks and after being ve.
theyy agreed with the tarts of the Bill Assurance ads gned 816.1 names ,,ver.
My Commission Expires: 0-5-0(f
OFPNUAL SEAL
LEIGH ANN WALKER
NOTARY POELIQ'ARKANSAS
N
_. _._._... _..lfi ....
r.. :
• •
FAYETTEVILLE
THE CITY OF FAYETTEVIUE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division �Q
From: Clarice Buffalohead-Pearman r1'0
City Clerk Division
Date: March 16, 2004
Re: Res. No. 34-04
Attached is an executed copy of the above resolution passed by the City Council, March 2, 2004,
approving the second amendment to the Bill of Assurance attached to RZN 02-15.00:
This resolution will be recorded in the city clerk's office and microfilmed. If anything else is
needed please let the clerk's office know.
Attachment(s)
MESSAGE
FOR
DATE 3 fl b
TIME
\ M.
M
OF
I
nil
PHONE
FAX
TELEPHONED
PLEASE CALL
CAME TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
RUSH
RETURNED YOUR
CALL
SP CIAL ATTENTION
Miran
MESSAGE I
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