HomeMy WebLinkAboutORDINANCE 5969�, F.aretr.
r
u
IIS
1 uio
�.ykA�5h6
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 5969
File Number: 2017-0217
ttittiii t t tt t t► ittt i tt t ►tt it►� tt tti it i t tt
Doc ID: 017532150005 Type: REL
Kind: ORDINANCE
Recorded: 07/11/2017 at 09:15:01 AM
Fee Amt: $35.00 Paqe 1 of 5
Washinqton County, AR
Kyle SVlvester Circuit Clerk
File2017-00020969
BILL OF ASSURANCE AMENDMENT (354 N. DOUBLE SPRINGS RD./PINNACLE BANK):
AN ORDINANCE TO REPLACE A BILL OF ASSURANCE TO ALLOW THE DEVELOPMENT OF
THE 9.7 ACRE PARCEL AT 354 DOUBLE SPRINGS ROAD WITH UP TO 9 ATTACHED
DWELLINGS UNITS AND 35 SINGLE-FAMILY DETACHED HOUSES
WHEREAS, on April 4, 2006, the City Council approved rezoning Ordinance No. 4852 subject to a Bill of
Assurance; and
WHEREAS, this parcel never developed as conceived by its owner; and
WHEREAS, the new owner of this 9.7 acre zoned RSF-6 wishes to replace the Bill of Assurance; and
WHEREAS, this proposed change to the Bill of Assurance replaces many of the proposed duplexes with
single family detached houses and would reduce the maximum allowed density of this development near
the City's western border from 53 to 44 units; and
WHEREAS, the Planning Department recommends approval of the proposed replacement Bill of
Assurance
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 repeals the existing Bill of
Assurance and approves the replacement Bill of Assurance for the 9.7 acre parcel at 354 Double Springs
Road attached to the Planning Department's Memo.
Page 1 Printed on 513117
Ordinance: 5969
File Number.' 2017-0217
PASSED and APPROVED on 5/2/2017
Approved:
Lioneld Jordan,
Attest:
►y1111111d11►
Sondra E. Smith, City Clerk Treasure%%"' I ■T ��, rfr�
�- •Grr
c� ��11 LLQ. •
CO
�r t
Page 2 Printed on 513117
E�1T «An
BZ—N06.1�3G
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING - MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02038'25"W 661.08' FROM THE NORTHEAST
CORNER OF THE SAID SECTION. IS AND RUNNING THENCE S02038'25"W 330.92',
THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #27,
THENCE ALONG SAID RIGHT-OF-WAY NO2°27'01 "E 329.38', THENCE S88020'05"E
1279.86' TO THE POINT OF BEGINNING.. CONTAINING 9.70 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
1n order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner')
Pinnacle Bank & DBS of NWA, LLC (Developer) , 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 Petitioners 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 Petitioners property shall be limited to the following: The
petitioners assure the City the property will be developed -as a residential
subdivision, zoned RMF 6 and will consist of a combination of 35 single family
detached residences, & up to 9 attached units.
2. Other restrictions including number and type of structures upon the property
are limited to the following: The subdivision will contain maximum total number of
units of 44. The maximum total number of structures will not exceed 38 total.
=1arfrnn4-=11v Cinnarl iminn aClnn(lnlinaTMf Caccinn in • QhAArla4R_haaR_df1Rf_RQ'lr•..rlQ9a7h7ORrrla 1
3. 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 Petitioners rezoning is effective and shall
be noted on any Final Plat or Large Scale Development which includes some or all of
Petitioner's properly.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, Pinnacle Bank r& DBS of NWA, LLC (Developer), as the owner,
developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name
below.
4/14/2017 9:22 AM CDT
Date
STATE OF ARKANSAS }
COUNTY OF WASHINGTON
ank
AK rbiv eligo
_DBS of NWA, LLC
Printed Name (Developer)
7P6.5 a �11wA- LLC �`eavx �a�nes
Signature
NOTARY OATH
And ow on this .theflay of ,, _ 2011, appeared before me,
a Notary Public, and after being placed upon hi er ath
swore or affirmed that he/she agreed with the terms of the above Bill of Ass iar Re and
signed his/her name above.
official Seal N ARY PUB C
My Corfilxepires:
State o Arkansa
County ofwashington
icy CommisslonExpi 3s; 0421202!
Icrfrnnh-=II%i Cinncri iicinn PCInnr)nI1nnrmj QmQClnn In • QhAAAmAA_hanA_AnAf_RQ1r-_rIQ1a7h7nR9;r1n 1
Washington County, AR
I certify this instrument was filed on
07/11/2017 09:15:01 AM
and recorded in Real Estate
File Number 2017-0002 969
Kyle Sylvester - Circujt C e
r
by
4
-,_ City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
"j File Number: 2017-0217
Agenda Date: 5/2/2017 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: C. 1
File Type: Ordinance
BILL OF ASSURANCE AMENDMENT (354 N. DOUBLE SPRINGS RD./PINNACLE BANK):
AN ORDINANCE TO REPLACE A BILL OF ASSURANCE TO ALLOW THE DEVELOPMENT OF
THE 9.7 ACRE PARCEL AT 354 DOUBLE SPRINGS ROAD WITH UP TO 9 ATTACHED
DWELLINGS UNITS AND 35 SINGLE-FAMILY DETACHED HOUSES
WHEREAS, on April 4, 2006, the City Council approved rezoning Ordinance No. 4852 subject to a
Bill of Assurance; and
WHEREAS, this parcel never developed as conceived by its owner; and
WHEREAS, the new owner of this 9.7 acre zoned RSF-6 wishes to replace the Bill of Assurance; and
WHEREAS, this proposed change to the Bill of Assurance replaces many of the proposed duplexes
with single family detached houses and would - 'reduce the maximum allowed density of this
development near the City's western border from 53 to 44 units; and
WHEREAS, the Planning Department recommends approval of the proposed replacement Bill of
Assurance
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals the existing Bill of
Assurance and approves the replacement Bill of Assurance for the 9.7 acre parcel at 354 Double Springs
Road attached to the Planning Department's Memo.
City of Fayetteville, Arkansas Page 1 Printed on 51312017
City of Fayetteville Staff Review Form
2017-0217
Legistar File ID
5/2/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Andrew Garner 4/14/2017
City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Amendment to a Bill of Assurance: (354 N. DOUBLE SPRINGS RD./PINNACLE BANK): Submitted by CRAFTON TULL
for property at 354 N. DOUBLE SPRINGS RD. The property is zoned RMF -6, RESIDENTIAL MULTI -FAMILY, 6 UNITS
PER ACRE, subject to a Bill of Assurance.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Fund
Project Title
Current Budget
$
Funds Obligated
$
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Fay%t—Ile CITY COUNCIL AGENDA MEMO
AANSAS
MEETING OF MAY 2, 2017
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: April 14, 2017
SUBJECT: Amendment to a Bill of Assurance: (354 N. DOUBLE SPRINGS
RD./PINNACLE BANK): Submitted by CRAFTON TULL for property at 354
N. DOUBLE SPRINGS RD. The property is zoned RMF -6, RESIDENTIAL
MULTI, -FAMILY, 6 UNITS PER ACRE, subject to a Bill of Assurance.
RECOMMENDATION:
Planning staff recommend approval of an ordinance to amend the existing Bill of Assurance as
described in exhibits A and B.
BACKGROUND:
On April 4, 2006, the City Council approved a rezoning of the subject property from R -A,
Residential Agricultural, to RMF -6, Residential Multi -family, 6 Units per Acre, subject to a Bill of
Assurance, by a vote of 7-1-0.
The subject property contains approximate 9.18 acres and is located on Double Springs Road,
south of Persimmon Street. The property is bordered on two sides by property zoned RSF-4, with
Silverthorne Subdivision to the west and Legacy Point Phase 4 to the east. The adjacent property
to the north is zoned RSF71, and has been developed as a storage unit business, while the
properties to the south are zoned R -A and RSF-4, and remain largely undeveloped. The subject
property along with the storage business to the north and the properties to the south are
designated as Rural Areas by the City's Future Land Use Map, and the aforementioned
subdivisions to the east and west are classified as Residential Neighborhood Areas.
Request: The request is to amend the approved Bill of Assurance, as shown in the attached
Exhibits `A' and `B', to allow the applicant to develop the subject property with up to 9 attached
dwellings units and 35 single-family dwellings, for a total density that is lower than that previously
approved in the existing Bill of Assurance.
The proposed Bill of Assurance offers a density and development pattern that is consistent with
the existing single-family residential development in the area. Under the existing Bill of Assurance,
58 dwellings are allowed and permitted to be distributed between 20 to 24 two-family townhomes
and 3 to 6 single-family homes. Under the currently proffered Bill of Assurance, 44 units would be
allowed with 35 detached single-family homes and up to 9 attached units.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Proposed Preliminary Plat
• Ordinance 4852
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')
__ Pinnacle Bank & DBS of NWA, LLC (Developer) 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 Petitioners property shall be limited to the following: The
petitioners assure the City the property will be developed -as a residential
subdivision, zoned RMF 6 and will consist of a combination of 35 single family
detached residences, & up to 9 attached units.
2. Other restrictions including number and type of structures upon the property
are limited to the following: The subdivision will contain maximum total number of
units of 44. The maximum total number of structures will not exceed 38 total.
=lartrnnirnihi girtnari iminn aCinnr)nlinaTMf Caccinn in • QhA%kr1a4F_hang_AAAf_RQ1r..rIQ1a7h70Ar%r1a 1
4
3. 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 Petitioners rezoning is effective and shall
be noted on any Final Plat or Large Scale Development which includes some or all of
Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, Pinnacle Bank & DBS of NWA, LLC (Developer), as the owner,
developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name
below.
4/14/2017 9:22 AM CDT
Date
STATE OF ARKANSAS
COUNTY OF WASHINGTON }
Pinn
(owner)
Signature A,,fh,Qa_� 4&-,ur
_DBS of NWA, LLC
Printed Name (Developer)
P&S o1 IUW��LLC 1 �✓leavrr �✓a�nes
Signature
NOTARY OATH
And ow on this _the day of 201+, appeared before me,
a Notary Public, and after being placed upon 1-.s zer ath
swore o1 affirmed that he/she agreed with the terms of the Above Bill of Assn ra�and
signed his/her name above.
official seal N ARY PUB svC
My ("orhal.� s�'t Xpires:
Stats of Arkansas
coon i of wagreington 2+202i
fdy nsnwunson 123B2i?O
=lartrnnirally Cirinorl imine aCinnllnlinaTMf gnQei^n in • QhAArladF_hnckg-A 1Rf_RQir_r 0l Q9h7nArNrla 1
a
`'".�Crafton Tull
archileclure I engineering I surveying
March 8, 2017
City of Fayetteville
Planning Department
ATTN: Director of Planning
125 W. Mountain Street
Fayetteville, AR 72701
RE: Emerald Point Subdivision
Parcel No. 765-24089-200
Dear Director,
1450 E. Zion Road, Suite 9
Fayeitaville, AR 72703
479.455.2207
This letter serves to designate Crafton Tull as an authorized person to act on the behalf of Pinnacle Bank
for any items required for Planning Department approval for the referenced project site. The following
person is herby authorized:
Thomas A. Hennelly, PE
Vice President — Crafton Tull
1450 E. Zion Road, Suite 9
Fayetteville, AR 72703
479-878-2419
Sincerely,
David Bordovsky
President — Pinnacle Bank
4201 W. New Hope Road
Rogers, AR 72756
www.craftoottiif.com
Grafton Tull
architecture I engineering I surveying
April 14, 2017
City of Fayetteville
Planning Department
113 West Mountain Street
Fayetteville, AR 72701
Attn: Jonathan Curth, Senior Planner
RE: Emerald Point Bill of Assurance
Jonathan,
901 N 47th Street, Suite 200
Rogers; AR 72756
479.636 4838 (ph)
479.631.6224 (fax)
When parcel 765-489-350 was originally rezoned, back in 2006, a bill of assurance was
submitted in association with the rezoning request. The original bill of assurance (attached)
specified the following:
"The petitioners assure the City the property will -be developed as a residential subdivision,
zoned RMF -6 (with approved re -zoning application) and will consist of a combination of single
family lots and two -unit townhome lots. The subdivision as a whole will meet of (sic) exceed the
requirements of RMF -6 zoning. The subdivision will contain between 20-24 zero -lot -line
townhome structures (2 units each) and between 3 to 6 single family dwellings. The maximum
total number of structures will be between 26 to 30 structures totaling 46 to -53 dwelling units.
The maximum number of units allowed by RMF -6 for this parcel would be 58. Single family
units will be placed adjacent to existing single family developments so as to maintain consistent
usage across property lines" -
We are requesting to -lower -the maximum number of allowable dwelling units from 46 or 53,
allowed in the original bill of assurance, to 44. These 44 units will consist of 35 single family
detached homes and one lot containing a maximum of three triplexes (9 units).
Thank you for your consideration in this matter.
Sincerely,
homas A. Hennelly,
Vice President
Crafton Tull
4
nas z
�Illlllll�llll�ll�llll�l{Illl{IIIIIIIIl11�111111IININIIIilllllllllllfl{Ifl �
Doc 10: 008893760005 TVDe: REL
Recorded: 04/25/2008 at 10:41:24 AM
Fee Amt: $20,00 Pape 1 of 6 I
washinaton County. AR M
Bette Stamps Circuit Clerk Q
File2VV6" 00016558
ORDINANCE NO. 4852
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06-1936, FOR APPROXIMATELY
9.70 ACRES, LOCATED AT 354 AND 370 DOUBLE SPRINGS
ROAD, FROM R -A, RESIDENTIAL AGRICULTURAL TO RMF -
6, RESIDENTIAL MULTI -FAMILY, 6 UNITS PER ACRE,
SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the zone classification of the following described property is hereby
changed as follows:
From R -A,_ Residential Agricultural to RMF -6,
Residential Multi -Family, 6 units per acre,_ as shown
on 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 as Exhibit `B" limiting the type and location of dwelling units on the
property. Vt,�1t1lf114fHHy
CR�VTRCJ
4s,'�,
PASSED and APPROVED this 4 day of April, 2006.
FAYETTEVILLE •
APPROVED: e ATTEST:. ry5�
- / -�\xi1
rIr►llllarilli�ti+►
BY:Layor
BY:
DAN CO, SONDRA SMITH, City Clerk
C3
EXHIBIT "A"
RZN 06-1936
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02038'25"W 661.08' FROM THE NORTHEAST
CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25"W 330.92',
THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #27,
THENCE ALONG SAID RIGHT-OF-WAY NO2°27'01 "E 329.38', THENCE S88°20'05"E
1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
EXHIBIT "B"
RZN 06-1936
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")
Fletcher Williams and Imogene Williams, 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 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
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 the following:
The petitioners assure the City the property will be developed as a
residential subdivision, zoned RMF -6 (with approved re -zoning
application) and will consist of a combination of_single family lots and
two -unit townhome lots. The subdivision as a whole will meet of exceed
the requirements of RMF -6 zoning. The subdivision will contain between
20 to 24 zero -lot -line townhome structures (2 units each) and between 3 to
6 single family dwellings. The maximum total number of structures will
be between 26 to 30 structures totaling 46 to 53 dwelling units. The
maximum number of units allowed by RMF -6 for this parcel would be 58.
Single family units will be placed adjacent to existing single family
developments so as to maintain consistent usage across property lines.
2. 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 Petitioners property_
IN WITNESS WHEREOF a in a ee ent with all the terms and
conditions stated above, I, �atlYiZ.�cr _ ,, as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
.-_�2 1 j.,5- 10
Date
3-1
Address
STATE OF ARKANSAS
COUNTY OF WASHINGTON
And now
before me, . 1A
e�r�•4�(/ins
Printed Name
Signature
�Iuo G,✓&--
Prin Name
Sign re
NOTARY OATH
and
after being placed upon his/her oath swore or affirmed that he/she agreed with
the terms of the above Bill of Assurance and signed his/her name abAve.
Commission
tip►►�yY N Bpy
UP •Q%k►A' V aka'• F "•.
gipT A&Y ,' j
ARY
Washington County, AR
i 1 certify this instrument was filed on
04/2512009 10:41;24 AM
and recorded in Real Estate
File Number 2006-00016558
Pett Stamps - Circuit Clerk
by
. ............
y/ y lob
Y- gSa
RZN
04.- N_
March 1, 2006
City of Fayetteville -City Clerk's Office
113 W. Mountain St.
Fayetteville, AR. 72701
_ RE:ANX 06=1935 ` 4—
RZN 06-1936
This is to notify you of my intention to Appeal the denial by the City of
Fayetteville Planning Commission on Monday, February 27, 2006, on the above
mentioned items.
We would like to have these properties rezoned and annexed to build housing for
Fayetteville. It is our understanding that the property south of subject property, owned by
the Hays family, will be asking to be rezoned and/or annexed also. We feel like this
would be a good housing project for Fayetteville.
Sincerely, I ,
Fletcher Williams
RECEIVED
MAR 0 2 200G.
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Cit Council Meeting of March 21 2
City g 006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
%A
Thru: Gary Dumas, Director of Operation
From: Jeremy C. Pate, Director of Current Planning
Date: February 28, 2006
Subject: Rezoning for Fletcher Williams (RZN 06-1936)
RECOMMENDATION
The Planning Commission recommended denial of the subject rezoning request from R-A
to RMF-6 on approximately 9.70 acres of property located east of Double Springs Road,
south of Persimmon Street. The applicant had submitted a Bill of Assurance limiting the
type of development and maximum number of units allowed on the property. Planning
Staff originally recommended approval of the requested rezoning to RMF-6 with the
associated Bill of Assurance.
BACKGROUND
The subject property contains approximately 9.70 acres and is located on Double Springs
Road,-south of Persimmon Street. The property is bordered on two sides by property
zoned RSF-4, with Silverthorne Subdivision to the west and Legacy Point Phase 4 (under
construction) to the east. Two intervening properties lie between the subject property and
the city limits to the north (Legacy Point Phase 1). Initially, these properties were
developed for single -family use. In recent months, the adjacent owner north of the
property has begun to develop a storage unit business on his property. Legacy Point
Phase 1 is zoned both RSF-4 and RMF-6. The 2002 rezoning of 8.74 acres within
Legacy Point, in close proximity to the current request, was the first property to be zoned
RMF-6 within the City of Fayetteville, with a unanimous vote by the Planning
Commission and a majority vote by City Council.
The applicant requests rezoning of 9.70 acres to allow for a two-family townhome and
single -family development. The prospective buyer of the property developed several
properties within the RMF'6 portion of Legacy Point and would like to duplicate this
development on the subject property. The property owner has submitted a Bill of
Assurance that limits the development of the property to a maximum 24 two-family
townhomes and a minimum 3 single -family lots, with a maximum 54 dwelling units; a
maximum 58 units is permitted at 6 units/acre. Additionally, the Bill of Assurance
guarantees that single -family dwellings will be located adjacent to the existing RSF-4
zoning districts, that is along the east and west property lines (see attachment).
City Council Meeting of March 21, 2006
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission on February 27, 2006. The
Planning Commission voted 4-2-0 to recommend approval of this rezoning request to the
City Council, with Commissioner Ostner and Anthes voting no. Therefore, the motion
failed due to lack of five affirmative votes, and the application for rezoning into the City
of Fayetteville was denied:
Those who voted against the motion discussed their concerns regarding zoning only a
small parcel without understanding how adjacent properties, currently without zoning,
will develop in the future.
Staff recommends approval of the proposed rezoning with the Bill of Assurance. The
property is located adjacent to a Minor Arterial street and two nearby Collector streets;
therefore, adjacent infrastructure, once improved to Master Street Plan standards, will be
able to accommodate a greater traffic volume. Additionally, this property is in close
proximity to other property zoned RMF -6.
BUDGETIMPACT
None.
4
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-1936, FOR
APPROXIMATELY 9.70 ACRES, LOCATED AT
354 AND 370 DOUBLE SPRINGS ROAD, FROM
R -A, RESIDENTIAL AGRICULTURAL TO
RMF -6, RESIDENTIAL MULTI -FAMILY, 6
UNITS PER ACRE, SUBJECT TO A BILL OF
ASSURANCE.
BE 1T 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:
Froin R -A, Residential Agricultural to RMF -6,
Residential Multi -Family, 6 units per acre, as shown
on Exhibit "A" attached hereto and made a part
hereof.
Section 2: That the official zoning snap 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 as Exhibit "B" limiting the type and location of dwelling units on
the property. -
PASSED and APPROVED this day of �, 2006.
APPROVED:
ATTEST:
By: — By: -
DAN COODY, Mayor SONDRA SMITH, City Clerk
I
EXHIBIT "A"
R 7.N (16-1936
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH 1S S02038'25"W 661.08' FROM THE NORTHEAST
CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25"W 330.92',
THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #27,
THENCE ALONG SAID RIGHT-OF-WAY NO2°27'01 "E 329.38', THENCE S88°20'05"E
1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
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")
Fletcher_W'illiams and Imogene Williams, 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 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
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.
]. The use of Petitioner's property shall be limited to the following:
The petitioners assure the City the property will be developed as a
residential subdivision, zoned RMF -6 (with approved re -zoning
application) and will consist of a combination of single family lots and
two -unit townhome lots. The subdivision as a whole will meet of exceed
the requirements of RMF -6 zoning. The subdivision will contain between
20 to 24 zero -lot -line townhome structures (2 units each) and between 3 to
6 single family dwellings. The maximum total number of structures will
be between 26 to 30 structures totaling 46 to 53 dwelling units. The
maximum number of units allowed by RMF -6 for this parcel would be 58.
Single family units will be placed adjacent to existing single family
developments so as to maintain consistent usage across property lines.
2. 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.
IN WITNESS WHEW( F` an in ee ent with all the terms and
conditions stated above, I, ,111 as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
";Y` S
Printed Name n I
Date Signature
s / Prin d Name
Sign re
3-10
Addres
NOTARY OATH -
STATE OF ARKANSAS
COUNTY OF WASHINGTON
And now on this the I t) day of VV ` 200 Lr -,appeared
before me, � PX� QHS ,L.i!�wt j� + I iLL S_ and
after being placed upon his/her oath swore or affirmed that he/she agreed with
the terms of the above Bill of. Assurance and signed his/her name ave.
Commission Exp
o 0\ oo ya
* : .►.
�z PUBUCI
.y1
*R'*,=;90Th" 6(80'
ARY PIJBLIC
SURVEY DESCRIPTION:
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 -NORTH, RANGE 31 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02°38'25"W 661.08'
FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING
THENCE S02038'25"W 330.92', THENCE N88°16'00"W 1278.75' TO THE EAST
RIGHT-OF-WAY OF COUNTY ROAD #27, THENCE ALONG SAID RIGHT-OF-
WAY N02027'01"E 329.38', THENCE S88°20'05"E 1279.86' TO THE POINT OF
BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS.' SUBJECT TO
EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
4
tbvw�ay�hmVil:+a 99,6-L tS �18C*} 1Y1d ASYNIA11321d ro
,OLZC i!V aq+pl,�u'+J '1S QD"O�ry 'A{ y{$, _ 7 O
snrwbrj 1Vaw'1010+ p�01 P" 10.010 '1: .7.
e
•ra�abor .•tob �...yppb,� � h
I ,Id3CF�' NOISInIOans
iNIOd OlV83VU
' r i
0
Li
CD, J
om
�0
0
M
-1/0
w
— ca
J
+0.
,n
J
r 03
0
on
�In
M
Ih .S2:YF,2
S \
'STN "$0't99
.Z5'Orc
' l•
i
Q
r:
C �
i
o
i
I
!
u
xrnb.
,wsrm�r—
a¢
Li
CD, J
om
�0
0
M
-1/0
w
— ca
J
+0.
,n
J
r 03
0
on
�In
M
JRI oil ig -I
' l•
i
Q
r:
C �
i
a�
i
xrnb.
c�rrr+�i r
r�
i
a¢
7
U
h
O
�rennrr nHaumnsus
L`y----- -3
4-
JRI oil ig -I
�9
a'e4L-� PC Meeting of February 27, 2006
ARKANSAS
TIfI- CITY OF FAY:ETTEVILLE_. ARKANSAS
125 W. Mountain St.
Fayclteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone; (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: February 21, 2006
RZN 06-1936: (FLETCHER WILLIAMS, 474): Submitted by RANDY RITCHEY
STEADFAST, INC. for property located at 370 DOUBLE SPRINGS RD. The property is zoned R-
A, Residential Agricultural, and contains approximately 9.70 acres. The request is to rezone the
subject property to RMF -6, Residential Multi -family, 6 units per acre.
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning from R -A to RMF -6 with the Bill of
Assurance submitted by the applicant.
PLANNING COMMISSION ACTION: Required YES -
U Forwarded Denied
Date: February 27, 2006 McAi,,n Aa rec.r-," a"m4,9. i A-t4X cat&-tgSs is 0- f =-Jj
k3� ,kllen • , .
CITY COUNCIL ACTION: Required YES '' %Gr
0 Approved 0 Denied a 5 cx r
Date: March 21, 2006 [i5d reading if recomniendedl 'y
Comments:
BACKGROUND:
Propert)r description: The subject property contains approximately 9.70 acres and is located on
Double Springs Road, south of Persimmon Street. The property is bordered on two sides by
property zoned RSF-4, with Silverthorne Subdivision to the west and Legacy Point Phase 4
K:IRrpor1.62006IPC Reporrs102-27-06Vt7.A' 06-19361Williorus).doc
(under construction) to the east. Two intervening properties lie between the subject property and
the city limits to the north (Legacy Point Phase I). Initially; these properties were developed for
single-family use. In recent months, the adjacent owner north of the property has begun to
develop a storage unit business on his property. Legacy Point Phase 1 is zoned both RSF-4 and
RMF -6. The 2002 rezoning of 8.74 acres within Legacy Point, in close proximity to the current
request, was the first property to be zoned RMF -6 within the City of Fayetteville, with a
unanimous vote by the Planning Commission and a majority vote by City Council.
Proposal: The applicant requests rezoning of 9.70 acres to allow for a two-family townhome and
single-family development. The prospective buyer of the property developed several properties
within the RMF -6 portion of Legacy Point and would like to duplicate this development on the
subject property (see photos within packet). The property owner has submitted a Bill of Assurance
that limits the development of the property to a maximum 24 two-family townho>nes and a ininimum
3 single-family lots, with a maximum 54 dwelling units; a maximum 58 units is permitted at 6
units/acre. Additionally, the Bill of Assurance guarantees that single-family dwellings will be
located adjacent to the existing RSF-4 zoning districts, that is along the east and west property lines
(see attachment).
Recommendation: Staff recommends approval of the proposed rezoning with the Bill of
Assurance. The development of property at 6 units per acre with single-family lots adjacent to
properties zoned RSF-4 will allow for transitional housing and a density of residences similar to
nearby developments.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
Planning Area
RSF-4 & RMF -6 (Leacy_Pt. Ph. 1)
North
Storage Units & 2 Single family homes
Single family homes ..............
South
Rural Sin le family homes
PlanninE Area
1 Fast
I Vacant under construction
RSF-4
West.
Silverthorne Subdivision
RSF-4
INFRASTRUCTURE:
Streets: The site has access to Double Springs Road. Improvements will be required to
Double Springs Road which may include off-site improvements. An evaluation
will be made by staff at the time of preliminary plat or large scale development.
Dedication of right-of-way per the Master Street Plan is required.
Adjacent Streets:
North: Persimmon Street (Collector)
South: Dot Tipton Road (Collector)
West: Double Springs Road (Minor Arterial)
K:1Repons120061PC Repo)-W02-27-061RZA' 06-1936 0I i0iams}.dor
Water: Public water is adjacent to the site. There is an V water line that that runs along
Double Springs Road. A study of the water system shall be conducted by the
developer. Substantial improvements to the water system may be required which
includes other off-site improvements. Water service will need to be extended to
and within the property at the time of development connecting within the
proposed development.
Sewer: Sanitary sewer is located near the site. Substantial improvements to the sewer
system will be required which includes off-site improvements. This development
will be within the sewer assessment area. A study of the downstream system shall
be conducted by the developer. Sewer service will need to be extended to and
within the property at the time of development connecting within the proposed
development
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: These 9.70 acres are covered by Engine 7 located at 835 Rupple Road. It is 3
miles from the station with an expected response time of 6 minutes to the entrance
of this development. The Fire Department anticipates 13 ( 8 EMS — 5 Fire/Other)
calls for service per year once the development is completed and maximum build-
out has occurred. Measured Hydrant Flow in this area is 1465 gallons per minute.
The service impact of this development will typically take eighteen months after
the development is started, and the units begin to be occupied, to occur. There
should be no adverse effects on our call volume or response time to this .
development.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and
congestion in the area.
LAND USE PLAN: General Plan 2020 designates the site as Residential. Rezoning this
property to RMF -6 with the proposed Bill of Assurance is compatible with the single-family and
townhomes uses .in the area.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed rezoning is generally consistent with current land use planning
objectives and policies for Residential Use in the area as indicated on the
Future Land Use plan. The first rezoning of property to RMF -6 occurred
K. iReporis1200611'C Reporls102-27-061 -N 06-1936 MiOPams).doc
within the subdivision north of the subject property. The increase in density
and type of development is compatible to the surrounding developments
within the city. Additionally, the applicant proposes to develop single-family
lots adjacent to the existing RSF-4 property (Silverthorne Subdivision to the
west and Legacy Point Phase 4 (under construction) to the east).
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: For the property to develop in a manner consistent with adjacent properties,
a zoning that would allow density greater than 1 unit per 2 acres (R -A) is
required. The RSF-4 zoning is the most common in this area, though nearby
property is zoned RMF -6 and property zoned R -O near the corner of
Wedington Drive and Double Springs Rd is developed as a duplex
subdivision. The applicant proposes an RMF -6 zoning with the intent to
develop the property for two-family townhomes and some single-family
dwellings. Staff finds that a zoning greater than R -A is justified in this area -
and an RMF -6 zoning with development subject to the proposed Bill of
Assurance will be compatible with the surrounding developments.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that a rezoning from R -A to RMF -6 would create an increase in
traffic compared with that allowed under the existing zoning. The property
is situated near two Collector streets and adjacent to a Minor Arterial street.
The existing infrastructure will be able to accommodate a 9.70 acre
development of 6 units per acre (a maximum 58 units; 580 vehicle trips per
day).
Police: It is the opinion of the Fayetteville Police department that an appreciable
increase in traffic danger and congestion would not be created by this
rezoning.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning will increase population density from the zoning currently
in place. The 9.70 acre tract under an R -A zoning designation would allow for
a maximum 4 single family residential dwelling units. With the proposed RMF -
6 designation, a maximum 58 single family dwelling units would be permitted.
Staff finds that increasing the density limitations to 6 units per acre would alter
the population density in the immediate vicinity, though not to the degree that it
K:Wepaysl2006U'C Reports 102-27-06WZ' 06-1936 (Willioms) doe
4
undesirably increases the load on public services.
Increased load on public services was taken into consideration for the
recommendations from Engineering, Police and Fire Department that are
included in this report.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under -its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K:1RepnrisQO061PCReports W-174161R/_V 06-I936 (111illiums).doc
161.10 District Rmf-6, Residential Multi -
Family — Six Units Per Acre
(A) Purpose. The RMF -6 Multi -family
Residential District is designed to permit and
encourage the development of multi -family
residences at a low density that is appropriate to
the area and can serve as a transition between
higher densities and single-family residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by ri ht
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellin s
Unit26
Multi -family dwellings
(2) Conditional uses.
Unit 2
Ci wide usesby conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 11
Manufactured home park
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
1 Wireless communications facilities
(C) Density. f.
Units per acre 4 to 6
(D) Bulk and area regulations:t'
(1) Lot width minimum.
Manufactured home 2ark
100 ft
Lot Whin a manufactured home park
50 ft
Single-family
60 ft..
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a Manufactured home park
4,200 sq. ft.
Townhouse:
.Development
.Individual lot
10,000 sq. ft.
2,500 so. ft.
Single-family
6,000 s • ft.
Two- mily
sq. ft.
Three or more
9,000 sq. ft.
Fraterni or Sorority
2 acres
Professional offices
1 acre
K: tReports12OWC Reporrs102-27-06W7N 06-1936 (lvllianrs) doc
(3) Land area per dwelling unit.
Manufactured home
Apartments:
No bedrooms
1,700 sq, ft,
One bedroom
1,700 sq, ft.
Two or more
2,000 sq, ft.
bedrooms
LET!or SorOrl
1,000 sq. ft. per resident
(E) Setback requirements.
Front Side I Rear
25 ft. 8 -ft. — 25 ft.
Cross reference(s)–Variances, Ch. 156.
(F) Height regulations. Any building which
exceeds the height of 20 feet shall be set back from
any side boundary line an additional distance of
one foot for each foot of height in excess of 20
feet.
((J-) Building area. None.
(Ord. No. 4325, 7-3-01)
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 17, 2006
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director fate,
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
annexation and rezoning ASIX & RZN 06=1435 (Fletcher Williams, 474) submitted by
Randy Ritchey Steadfast, Inc for property located at 370 Double Springs Rd. would
substantially alter the population density and thereby undesirably increase the load on
public services or create an appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this annexation and rezoning
will not substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and congestion
in the area.
Sincere] ,
�
i
p n William rown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT
100-A WEST ROCK STREET (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72701 PHONE: 479.587.3555 FAX: 479.587.3522
pAJ EiT�V"
} .
FIRE
4.
QEPT,
Y: �O-m
Fayetteville Fire
Department
I
To: ,
Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru:
.Chief Tony Johnson -
From:
Captain Dale Riggins
Date:
February 21, 2006
Re:
February 16, 2006 Zoning Review — Fire Department Comments
ANX 06-1935 (Fletcher Williams, 474)
RZN 06-1936 (Fletcher Williams, 474)
These I0 acres are covered by -Engine 7 located at 835 Rupple Road.
It is 3 miles from the station with an expected response time of 6 minutes to the entrance
of this development.
The Fire Department anticipates 13 ( 8 EMS — 5 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred.
Measured Hydrant Flow in this area is 1465 gallons per minute.
The service impact of this development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
There should be no adverse effects on our call volume or response time to this
development. -
If you have any questions, please feel free to call or email me
DaCe�,iggins
Captain
Fayetteville Fire Department
ANX06-1935 RZN06.1936 Pletcher Williams 10 acres 6 Minute Response
RZN06-1934 Broyles Commercial 10.06 Acres 2.25 Minute Response
REQUEST FOR REZONING
1/19/06
To whom it may concern,
Please accept this request for annexation and re -zoning of property situated adjacent to
the City of Fayetteville. The property is located at 370 Double Springs Road in
Fayetteville, AR 72704 and is owned by Fletcher and Imogene Williams. The property
contains 9.70 acres and is contiguous with the City of Fayetteville on 2 sides. Mr. and
Mrs. Williams wish to sell their property to Olika Investments, who then intends to
develop a residential subdivision on the site.
The annexation and rezoning are requested so that the property can be used according to
the RMF -6 zoning to accommodate the construction of townhomes.
The use of the property for townhome construction will be consistent with nearby
developments as -Legacy point contains a section of townhomes. The current conceptual
plan proposes the construction of 26 townhomes, which is a total of 52 living units. We
believe this development will not generate enough increased traffic to significantly
impact the "current traffic patterns. The type and style of construction and entry signage
will closely match the existing construction in Legacy Point.
Water is available from an existing 8" water main both on the West and East sides of the
property. Sewer is available from an existing 8" gravity main on the West side and a 4"
pressure main on the East side.
r�� Naie TAA r ALA_ ?RoPVR-1l oQ"Ees Ejecey r 0-"6 nth
AL -.'o PEr'rTroNa� i�. ' uVa
REQUEST FOR REZONING
1/19/06
To whom it may concern,
Please accept this request for annexation and re -zoning of property situated adjacent to
the City of Fayetteville. The property is located at 370 Double Springs Road in
Fayetteville, AR 72704 and is owned by Fletcher and Imogene Williams. The property
contains 9.70 acres and is contiguous with the City of Fayetteville on 2 sides. Mr. and
Mrs. Williams wish to sell their property to Olika Investments, who then intends to
develop a residential subdivision on the site.
The annexation and rezoning are requested so that the property can be used according to
the RMF -6 zoning to accommodate the construction of town homes.
The use of the property for town home construction will be consistent with nearby
developments as Legacy point contains a section of town homes. The current conceptual
plan proposes the construction of 46 to 53 living units. We believe this development will
not generate enough increased traffic to significantly impact the current traffic patterns.
The type and style of construction and entry signage will closely match the existing
construction in Legacy Point. _
Water is available from an existing 8" water main both on the West and East sides of the
property. Sewer is available from an existing 8" gravity main on the West side and a 4"
pressure main on the East side.
The proposed RMF -6 zoning is consistent with current land use planning ordinances and
is consistent with current surrounding land use.
The re -zoning is needed because the assigned RA zoning does not allow construction of
residential subdivisions as proposed for the property.
While the zoning would allow a maximum of 58 units, we are submitting a Bill of
Assurance stating we will not build more than a maximum of 53 units. This is a density
of 5 units per acre. We do not believe this subdivision will significantly impact the
traffic danger or congestion.
While any development will certainly affect the public services, this development is
small in scale and should not add significant strain to the existing public services.
The assigned zoning of RA is impractical for developing the property as a subdivision.
RZN06-1936 FLETCHER WILLIAMS
Future Land Use
0
..
�{ a
fl x k
44�
. Fw S ` °GRAYS GRA R .... .
.••.. 777
AStTlliON sl-
fts
.�.ST
SUBJECT PROPERTY -
rtr '�
ww
t Wil: r
t�4 a ..,.
..............
.a.� .
-------------------
-----------------------
Y.
j ri.
{} ResTdenria7' t t
t
"y
£'C�Bt1
® Parks
�s :: P; vete Open Space
S1LvAIAPINNe Ab '
... Residential
'
Ix
wra OIfIC@ C Fri
x ' ten,
}3 „ Oil
k .......
Y,:::
..I'$t. CCC. me h:�.....
71'
. ......,,. ......, .. E
::.-.:. ... .....................� m
........... Co unltyfet
etorhvod Commeraal i :::: i : i
gts ......... ......... Regional Corn�iverrriaf
IndiJtbal
U
...... ii i91� irlivefsity
:::
.l .n 20
s r ' BL3 til04
^r
Overview Legend
;_... _ Subject Property Boundary
RZN06-1936
Planning Area
r?J4UC1
p Streets c oua$ Overlay District
Existing Outside City
i Planned Legend
0 100 zoo 400 600 600
Feet
RZN06-1936
Close Up view
RSF-1
341
4
FLETCHER WILLIAMS
13
a a47* r'Ap.Ro
O
RAkS
RSF+:
0/$
IMMOVi 57 El
SUBJECT PROPERTY 0
a
O
I
ri
R -A
RSF4
0
o o�
riFu. sY
n
Legend
PhGCY54 D�RSF"4-4
O'
FLOODWAY — 500 YEAR
— 100 YEAR -- LIMIT OF STUDY
.. 51lVLRT1t{]ppta AD
D Fayetteville
341
4
FLETCHER WILLIAMS
13
a a47* r'Ap.Ro
O
RAkS
RSF+:
0/$
IMMOVi 57 El
SUBJECT PROPERTY 0
a
O
I
ri
R -A
RSF4
0
o o�
ri
R -A
RSF4
0
i
o o�
n
Legend
""'gOreday OisVid
U0o0
FLOODWAY — 500 YEAR
— 100 YEAR -- LIMIT OF STUDY
— — - Baseline Profile
D Fayetteville
0 Outside City
RZND&193a
® vec1or.G1)B.FOotpdrrt_2004
0 125 250
500 750
1,000
i
4.
%/
ti � `J��
k
...--_._. -
Clarice P�earman - Ords. 4849, 4850, 4851, 4852 & 4854
From:
Clarice Pearman
To:
Pate, Jeremy
Date:
4.7.06 4:24PM
Subject:
Ords. 4849, 4850, 4851, 4852 & 4854
Jeremy,
Attached are the above ordinances passed by City Council, April 4, 2006 regarding various vacations,
annexations, rezoning and waivers.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki; GIS
. y.
L
NORTHWEST ARKANSAS EDIT{C}N
Northwest
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, -Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and -
reference to the files of said publication, the advertisement of:
- ORDINANCE 4852
Was inserted in the Regular Editions:
April 13, 2006
Publication Charge: $114.98
Subs 'bed and ern before me
This ay of 2001
Notary Public
Notary }'I}l"rt
State of Arkansas ^
My Commission EMYja omission Explres
October 18, 2014
",*NOTE#" Please do not pay from Affid
Invoice will be sent.
RECE DIED
APR 17 2006
CITY OF FAYE-TTEVILLC
C" OFFICE
Y ORDINANCE NO. 4852 ' . • a • r �' •a
AN ORDINANCE REZONING,THAT PROPERTY ;• ,fC
DESCRIBED IN REZONING PETITION RZN OFr "" %%�� j i �(►
FOR APPROXIMATELY- 8,78 ACRES. LOCATED AT t1 tf""�/• l
354 AND 370 DOUBLE SPRINGS ROAD, FROM R•
A. RC:SYDi NT[AL J}GRICULTURAL TO RMF -6, RESI= y; " Y
DENT1,AL MULn-FAMiLY, $ UN11S PER ACRE. SUB- ,.. •1 1 7 i t,ARKANSAS.-r.1
41ECT TO A BILL OF ASSURANCE ' i:y i
8G`117 ORDAINED 9Y TkE CM ;COUNCIL OF TNF 61T - OF FA1 MV411.ii
ARKANSA93 `
'+ s ' 3-': ter. 3 � �i-.�w ?ia �+i.,�*a �"�. �.�'�"""•
5oalbn 1' Thet 1te zone Gas064n 111 the ioGying dascdtmd p_rc' Wiy Is hereby ChIm atl as tai,
Fa;rn AA RkWeh4al Agticutwsl to RMF-$. Residential Muni•Fsedly, 6 units por acro",Wshavm aR
Fsh1bil 'A" ettachad harata and rndde a earl hemp&. 1
Section 2 Thal the DI4cial zoning rnap el the City 01 Fayenevilta. Arkansas is hereby amended jo
WWI the Zo Nng ahanps provided in Section 1 abo"te. , t,Z 7 - •t j wi i .
Sactknl 3: Thal (ho subject ptoparry wia tm subject to a BIII at Assuranm anaehed hereto and mad6
e Pori'hercof as ExhItAh'B' Ilrnllinb she tyke and lacati 6 DI dvMllhp Units On the Prapeny. Y Y
PA$SED aitd APPROVED Ih1a'-0th day al AP1tl; 2006.
. APPROVED: {. ATrEST
I By 1 n el.k.t.�•e ®y...n► _ rx :�i, , .0
DAN -GOODY. Mayw SONaRitSMITN, City G1oft
Fxl eli a'a-
RZN W1936
A PART 6F THE NORTHEAST OLtARiER OF THE N'DR°IHEAST QUARTER OF SECTION 55, •3WN•:.t
SHIP 16 NORTH, RANGE 31 WEST WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICU-
LARLY DESCRIBED AS FOLLOWS.. TO-WIT'SEG[NN ING AT A' POINT WHICH IS S&3AF25'1N•
661.06" FROM THE NOR7HEAST CORNER OF THE SAID SECTION 15 AND RUNNING THENCE
S02'38'25'W 330.92'. THENCE NB8'18Y.10'W 1278.75 To THE EAST RiGHT•OF-WAY OF COUNTY;
ROAD 427, THENCE ALONG SAID RIGHT -CF -WAY NO2'27'01% 329.98', 'THENCE S66 zAWE
x$79.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES. MORE OR LESS. SUBJECT "
TO EASEM'ENTSAND RIGHT -WAY OF F&CORO, IF ANY. I C']"` •'�
.i •a • •EXHWIT "B' MAY BE VIEWED IN THE OFFICE OF THE T
CITY CLERK DURING NORMAL.BUSINESS HOURS. y + '
RECEIVED
MAY 1.9 2017
rJ.T L_RKSOFFI4CE
NORTHWEST ARKANSAS
melte
492. f i �7AX:473..Gz'5 .1-,;18 WWV,,.N:1t-?`.,G.00-M
AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5969
Was inserted in the Regular Edition on:
May 11, 2017
Publication Charges: $ 98.
Karen aler
Subscribed and sworn to before me
This I g day of A,12017.
(�M
Notary Public
My Commission Expires: Z(7.o�_rw
1 i
CATHlY t t!+ =c
j k st.. cn .on Coir'y r'
Nolaif 'Ui) ii; (r,i;13 id, 123,°71 j8
t! y! COii liissioi; El": es rF110 20, 2824 h
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5969
File Number: 2017-0217
BILL OF ASSURANCE AMENDMENT
(354 N. DOUBLE SPRINGS
RD./PINNACLE BANK):
AN ORDINANCE TO REPLACE A BILL
OF ASSURANCE TO ALLOW THE
DEVELOPMENT OF THE 9.7 ACRE
PARCEL AT 354 DOUBLE SPRINGS
ROAD WITH UP TO 9 ATTACHED
DWELLINGS UNITS AND 35 SINGLE-
FAMILY DETACHED HOUSES
WHEREAS, on April 4, 2006, the City
Council approved rezoning Ordinance No.
4852 subject to a Bill of Assurance; and
WHEREAS, this parcel never developed as
conceived by its owner; and
WHEREAS, the new owner of this 9.7 acre
zoned RSF-6 wishes to replace the Bill of
Assurance; and
WHEREAS, this proposed change to the
Bill of Assurance replaces many of the
proposed duplexes with single family
detached houses and would reduce the
maximum allowed density of this
development near the City's western border
from 53 to 44 units; and
WHEREAS, the Planning Department
recommends approval of the proposed
replacement Bill of Assurance
NOW, THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City
of Fayetteville, Arkansas hereby repeals the
existing Bill of Assurance and approves the
replacement Bill of Assurance for the 9.7
acre parcel at 354 Double Springs Road
attached to the Planning Department's
Memo.
Ordinance: 5969
File Number: 2017-0217
PASSED and APPROVED on 5/2/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74128644 May 1L 2017