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HomeMy WebLinkAboutORDINANCE 4573r 45 7 3 x - - - i�j�"�_J�_p_1_ ORDINANCE NO. `�"+ V/�"1 l V N ED AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-06.00 AS SUBMITTED BY JERRY KELSO OF CRAFTON, TULL & ASSOCIATES ON BEHALF OF THE CROWNE LIMITED PARTNERSHIP FOR. PROPERTY LOCATED NORTH OF 18TH STREET AND WEST OF BEECHWOOD AVENUE CONTAINING APPROXIMATELY 10.93 ACRES FROM I-1, HEAVY COMMERCIAL, LIGHT INDUSTRIAL TO RMF-12, RESIDENTIAL MULTI -FAMILY, TWELVE UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ection 1: That the zone classification of the following described property is hereby changed as follows: From I-1, Heavy Commercial/Light Industrial to RMF-12, Residential Multi - Family, 12 Units Per Acre as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this 18th day of May, 2004. tt�jsst�rtrtrrry w 1y R • � � f FAYETTEVILLE ; • A, ATTEST: 'r'f-;'s'�'`�'KANS;='J``,:� 9DAU&6te 4DAWk2 Sondra Smith, City Clerk APPROVED: DAN GOODY, 1 Hlllll!!lIIIIUIIIIIIiiltltllillitlflliu ou fill] un111111 au In Lill 066 ID: � 007396640010 Tvbe: REL i F eaAee mt: $32.00lPace 1tof110ft 2004 7:44 A Washinaton.County. AR Bette Stamas Circuit Clerk File2004-00025135 EXHIBIT "A" RZN 04-06.00 A PART OF THE NW l /4 OF THE SW 1 /4 AND A PART OF THE NE l /4 OF THE S W 1 A OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE SWIM, THENCE N87032'28"W 189.00 FEET TO A CREEK; THENCE ALONG SAID CREEK THE FOLLOWING COURSES: S 11'49'19"E 32.53 FEET; THENCE S42°33'00"E 65.60 FEET; THENCE S20°20'42"E 102.30 FEET; THENCE S47011'55"E 115.15 FEET; THENCE S10°34'49"E 145.85 FEET; THENCE S30024'54"E 47.47 FEET; THENCE S50°19'43"E 162.67 FEET; THENCE S62°08'41"E 89.16 FEET; THENCE S49038'02"E 57.09 FEET; THENCE S I 1 °44'57"E 47.21 FEET; THENCE S 18°29'51 "W 93.17 FEET; THENCE SI0°39'48"W 83.02 FEET; THENCE S31 °36' 12"E 47.02 FEET; THENCE S79°05'41 "E 46.50 FEET; THENCE N46039'58"E 54.31 FEET; THENCE S80°28'57"E 178.43 FEET; THENCE S41°22'28"E 124.84 FEET TO THE EAST LINE OF THE W1/2 OF SAID NE1/4 OF THE SWI/4; THENCE LEAVING THE CREEK AND RUNNING ALONG SAID EAST LINE N02031'18"E 929.02 FEET TO THE NORTHEAST CORNER OF THE W 1/2 OF SAID NE1/4 OF THE SWIA; THENCE N86052'04"W 655.46 FEET TO THE POINT OF BEGINNING, CONTAINING 10.93 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD OR FACT. May 11 04 07:15p Tisha BrotiIes 47^A427717 p.I RZN 04-06.00 (lip # 554) Hill of Ar unusce Page I 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") Crowne Fayetteville Associates, hereby voluntarily offers this Bil! 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 terra of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and C;jt; of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Con-in-iission and the Fayetteville City Council will reasonably 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 propeerty h,--reto shall be limited to a density z"welling units. deg-ribeta in Exhibit "A" attached of no more than. 100 residetf-ic#1 2. Petitioner shall develop a project consisting of town -homes or condominiums with residential units intended for sale. 3. Construction shall not commence before the fourth quarter of 2004. 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 itt:(_ of the Fayetteville City Council. This BiII of Assurance shall he fi*.eti fr�r lard i'- the Washington County Circuit Clerk's Office after Pe itioner's rezoning is effective and shall be noted on any Final. Plat or Lard;: Sca'u-, Development which includes some or all of Petitioner's property . IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, C'ro-vvne Fayetteville A --dates, as the owners, developers or buyers (Petitioners) voluntarily offer ,uch assurances and sign our names below. 9 May 11 04 07:15p Tisha Bros1es 47ne427717 P. } ,t%09 (pp# 559) ruse Date (�5'42g(tj(� M_�t �- A cad reSS ..z-i _. Da t Adclrc�ss _Gr? 7 COUNTY OF 1 Y ts.a PN 7Q DEBORAH DIRECTOR Notary Public, Fulton County, Georgia My Commission Expires April 9, 2005 Printed Nairtc Signature %-� - l.'rcnted Name NOTARY OATH And no"r on this the t s day of 2004, appeartci heic�re being placed upon his/her oath. svTare or affirmed tf c.t he ae reed -xv of the above Bill of Assurance and signed his name abc ye. NG-!'ARY PUBLIC: My C.onu-nission Expires: State of Arkansas County of Benton Ifs AnAll d now this the �Ydva'ty of 2004, appeared before me i�D S and after beink placed upon his/her oath swore or affirmed that h agreed wibh the terms of the above Bill of Assurance and signed his name above. and after the terns My Commission Expires: 4 rlAY-13-2004 10: 33 ARVEST EcA•!K—ROGERS Statement of Intent RZN 04-06.00 (pp# 559) To the aldermen and citizens of Ward Four: We the current owners of the subject property and adjoining property to the west, have initiated the following actions in order to ensure a duality development which meets or exceeds the zoning and development requirements of the City of Fayetteville: 1. Coordinate with City Parks & Recreation staff and Parks and Recreation Advisory Board regarding extension of trait corridor along the creek which runs along the west side of the subject property. • The developers of the condominiums and the commercial development to the west wish to align the trail along the western side of the creek on the adjacent commercial property when it is extended. • This action will have to be reviewed by PRAB and confirmed by the Planning Commission during the development review process. • The developers have initiated this process by contacting the City's Trails and Greenways Coordinator, Steve Hatfield. in A trail will be extended in conjunction with the condominium development or with the adjoining commercial development in accordance with the City's adopted Master Trails flan (Fayetteville Alternative Trails and Transportation Plan) 2. Reduce the number of overall multi -family residential units in the original apartment development not to exceed 450 units. • The RUtF-24 zoning approved with a bill of assurance limiting total Units to 4W This item will be heard by the City Council as a separate requg.�bt to modify the already accepted Bill of Assurance (part of ord # 4501) • Mote: The approved large scale development for this property consisted of three phases and a total of 444 multi -family dwellings. • This project is currently being developed and major modifications to the layout or number of units will require approval of the Subdivision Committee. 3. Coordinate bus service to the overall development (current and future phases) with local transit authority. 4. Allow one acre of property, located south of the subject tract, which is currently owned by developer of commercial property to the west, may to be utilized by the developer of the townhomes 1 condominiums for negotiating with the City Parks & Recreation Advisory Board if needed or desired. Through these actions and the accompanying Bill of Assurance, we believe that our common goals will be achieved. Sincerely, Crowne F Matj It 04 07:OSp Tisha HrotIles 4704427717 p.2 Amer=n Colkge Coast:lhrnts Amendcd Bill of.Assrtranar Page I AMENDED 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") American College General Partnership, John Ellis and Tom Broyles, General Partners, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant 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 Petitioners or Petitioners' 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 Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners' propgM described in Exhibit "A" attached hereto shall be Limited to a density of 480 450 multi -family dwelling units 2 Petitioners shall install a traffic signal either at Razorback Road and 150, Street or at Beechwood and 6th Street, whichever is the most appropriate with a revised traffic study being submitted after the rezoning is approved. 3. Petitioners shall dedicate six to seven acres for park land and a trail to be built by the developers along the south boundary of the RMF 24, Residential Multi -Family, 24 units per acre property to the City of Fayetteville prior to development of subject property. 4. Petitioners shall provide storm water detention as required by the City of Fayetteville Drainage Criteria Manual. Petitioners specifically agree 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' Mai 11 04 07:10p Tisha Broyles 4704427717 American ColkSe Cansttftants Aruended Bill ofAssuranre page 2 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 and in agreement with all the terms and conditions stated above, we, Tom Broyles and John Ellis, General Partners American College General Partnership, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. DaE l Address L eoZ7d� Date A Address 00 Printed Name i�- ,3 ©t11.S 1-: LLk5 Printed Name NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } W And now on this, -the dayof A eh , 2004, appeared before me' kaA4x and after being placed upon his/her o th swore or affirmed that he agreed with the terns of the above Bill of Assurance and signed his name above. My Commission Expires: NOTARY rUBLIC NOTARY OATH STATE OF TENNESSEE } COUNTY OF SHELBY } And now on this the Jah n R . E.I Its and after affirmed that he agreed with and signed his name above. My Commission Expires: _S-It.-C)y day of Mo, 2004, appeared before me, being, pla upon his/her -oath swore or the terms of the above Bill of Assurance NOT Y PUBLIC NOTARY PUBLIC AT LARGE Washington ,County, AR 11certify this Instrument was filed on 08/25t2004 11:11:44 AM and'recorded in Real Estate File Number 2004-00025135 Bette Stem rcult Clerk �. _ by Matj 11 04 07:o9p Tisha Broyles 4704427717 p.5 Ame+icm: College Consedtants Amendrd Bill of Amimure Page 3 w! 1 A part of the NW1/4 of the SE2/4 of Section 20, T-16-N, R-30-W, being more particularly described as follows: From the N.E. corner of the NW1/4 of the SE1/4 of said Section 20, thence N87°13122'W 464.78 feet; thence S02a46'38"W 75.95 feet to the center line of a ditch; thence along the center line of said ditch as follows: S13*52'53"W 157.39 feet; thence S17°38'29"E 138.54 feet; thence S64004153"E 36.47 feet; thence S0*11'38"E 104.22 feet to the Point of Beginning; thence SO'11'38"E 89.61 feet; thence S14'47'06"E 227.46 feet; thence S30°021E 82.11 feet to the West right-of-way for Razorback Road; thence S18*21'12"W 85.18 feet; thence leaving said right-of-way for Razorback Road N80*00'W along a creek 160.53 feet; thence N26642'27"W 82.42 feet; thence N87111'07"W 47.00 feet, thence S43°05'33"W 42.72 feet; thence SO4*20'41"E 36.68 feet, thence S30°46'23"W 95.54 feet; thence S30o46'23"W 43.82 feet; thence S42018'32"W 60.19 feet; thence S03000'17"W 234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North line of Meadow dale Subdivision N87*09'34"W 220.24 feet to the NW corner of said Subdivision; thence along the East right-of-way of Ashwood Avenue NO3'26'28"E 20.00 feet; thence along the North right-of-way of 18th Street N87033131W 354.43 feet; thence along the East right-of-way of Arkansas Highway 16 Bypass N021'21'121E 845.65 feet; thence S85'33'37"E 863.18 feet to the Point of Beginning, contdning 14.66 acres, more or less, Washington County, Arkansas. Hai 11 04 07:09p Tisha Hrotiles 4704427717 p.3 American cortege Consultants Annr,:ded Hilt ofAssntrance Page 4 EXHIBIT "A" AMERICAN COLLEGE CONSULTANTS BILL OF ASSURANCE A part of the NW1/4 of the SE1/4 of Section 20, T-16-N, R-30-W, being more particularly described as follows: From the N.E. corner of the NW1/4 of the SE1/4 of said Section 20, thence N87°13'22"W 464.78 feet; thence S02*46'38"W 75.95 feet to the center line of a ditch; thence along the center line of said ditch as follows: S13052'53"W 157.39 feet; thence S17'38'29"E 138.54 feet; thence S64°04'53"E 36.47 feet; thence S0°11'38"E 104.22 feet to the Point of Begiruting; thence S0611'38"E 89.61 feet; thence S14°47'06"E 227.46 feet; thence S,10°02'E 82.11 feet to the West right-of-way for Razorback Road; thence S18°21'12"W 8518 feet; thence leaving said right-of-way for Razorback Road N80°00'W along a creek 160.53 feet; thence N26442'27"W 82.42 feet; thence N87011'07"W 47.00 feet; thence S43°05'33"W 42.72 feet; thence SO4'20'41"E 36.68 feet; thence S30046123"W 95.54 feet; thence S30'46'23"W 43.82 feet; thence S42°18'32"W 60.19 feet, thence S03a'00'17"W 234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision N87009'34"W 220.24 feet to the NW corner of said Subdivision; thence along the East right-of-way of Ashwood Avenue NO3*26'28"E 20.00 feet; thence along the North right-of-way of 18th Street N87433113"W 354.43 feet; thence along the East right-of-way of Arkansas Highway 16 Bypass NO2"11'12"E 845.65 feet; thence S85033'37"E 863.18 feet to the Point of Beginning, containing 14.66 acres, more or less, Washington County, Arkansas. Also, A Part of the E1/2 of the NEI/4 of the SW1/4 of Section 20, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a found 3/4-inch iron pipe at the NE corner of said NE1/4 of the SWl/4; Thence Sl°57'44"W 149.11 feet to a point on the West right-of-way line for Arkansas. Highway 16 Bypass; Thence Southwesterly along said right-of-way along a 326.50 foot radius curve to the left having a delta angle of 26'56'10", an arc distance of 153.50 feet (the long chord of which bears Sl5°39'17"W a distance of 152.09 feet); Thence continuing along said West right-of-way line for Arkansas Highway 16 Bypass S2*11'12"W 713.25 feet to an existing concrete right-of-way marker; Thence S87'46'3'7"W 9.64 feet to an existing concrete right-of-way marker; Thence continuing Southwesterly along said West right-of-way line for Arkansas Highway 16 Bypass along a 236.50 foot radius curve to the right having a delta angle of 91°35'10", an arc distance of 378.04 feet (the long chord of which bears S48'08'49"W a distance of 339.06 feet); Thence S3°50'46"W 9.62 feet to a point on the North right-of-way line for 18th Street, Thence along said North right-of-way for 18th Street N87110148"W 374.29 May 11 04 07z09p Tisha Broyles American Cotlege Consultants Amended Bill of Assurance page 5 4704427717 p,4 feet to the West line of the E1/2 of said NE1/4 of the SW1/4; Thence N2°31'15"E 1263.02 feet to the NW corner of said E1/2 of the NE1/4 of the SW1/4; Thence 586052104"E 655.46 feet to the Point of Beginning, containing 17.844 acres, more or less. Subject to all easements and rights -of -way of record. NAME OF FILE: Ordinance No. 4573 w/Ex. A, Bill of Assurance & Amended Bill of Assurance CROSS REFERENCE: Item # Date Document 1 04/14/04 memo to mayor & city council 2 draft ordinance 3 04/07/04 memo to Planning Commission 4 copy of § 161.11 5 Q4!05/04 letter to Dawn Warrick 6 04/05/04 memo to planning 7 03/02/04 letter to Dawn Warrick 8 01/20/04 memo to planning 9 copy of map 10 copy of map 11 copy of Close Up View 12 copy of Future Land Use 13 copy of One Mile View 14 copy of Planning Commision minutes 15 04/20/04 Staff Review Form 16 proposed Statement of Intent 17 proposed Bill of Assurance 18 proposed Amended Bill of Assurance 19 proposed Statement of Intent 20 proposed Bill of Assurance 21 05/24/04 memo to Dawn Warrick 22 05/25/04 Affidavit of Publication NOTES: 106/25/04 (filed w/Wash. Co. Circuit Clerk r 1v /�,6 51l R /a 4/ City Counc eeting of May 04, 2004 1573 Agenda Item Numbe To: Mayor Coody and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administratoovs' Date: April 14, 2004 Subject: Rezoning request for The Crowne (RZN 04-06.00) j tor.1 P�qVA)i RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 10.93 acres of property from I-1, Heavy Commercial and Light Industrial to RMF-12, Residential Multi -family, 12 DU/Acre. BACKGROUND Property description: The subject 10.93 acre vacant tract of land is located in south Fayetteville, north of 1$`h Street, west of Beechwood Avenue. Directly to the east is the Crowne Apartments Large Scale Development, currently under construction. To the west across Town Creek is C-2, Thoroughfare Commercial property, also vacant. The Town Creek floodway and floodplain that forms the boundary between the Regional Commercial property to the west and the Mixed Use property to the east limits much development opportunity at this particular location. The developer intends to develop a condominium project on the 10.93 acres with a for -sale type of dwelling unit, as a departure from the multi -family apartment complex being developed to the east and planned Regional Commercial development to the west of Town Creek. A conceptual master plan is included in the staff report. Proposal: The applicant proposes to rezone the 10.93 acre tract in anticipation of the development of condominium project. The requested zoning will provide for additional residential development at a maximum density of. 12 units per acre. DISCUSSION On April 12, 2004, the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval of the rezoning. BUDGET IMPACT None. 1 t M By: !i l AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-06.00 AS SUBMITTED BY JERRY KELSO OF CRAFTON, TULL & ASSOCIATES ON BEHALF OF THE CROWNE LIMITED PARTNERSHIP FOR PROPERTY LOCATED NORTH OF 18TH STREET AND WEST OF BEECHWOOD AVENUE CONTAINING APPROXIMATELY 10.93 ACRES FROM I-1, HEAVY COMMERCIAL, LIGHT VgD.USTRIAL TO RMF-12, RESIDENTIAL MULTI FAMILY, TWELVE UNITS?PER ACRE. (: l : l . i i FAYETTEVILLE, ARK.ANSAS: Section 1: That the property is hereby changed as From I-1, Heavy Commercial/Light Ii Family, 12 Units Per Acre,as shown in part hereof. Section 2. That i Arkansas, is hereby PASSED ANWAP,PROVED this Sondra Smith, to IL OF THE CITY OF ification of the to RMF-12, Residential Multi - A" attached hereto and made a p'of the City of Fayetteville, e zoning change provided in of , 2004. By: DAN GOODY, Mayor EXHIBIT "A» RZN 04-06.00 A PART OF THE N W 1 /4 OF THE S W 1 /4 AND A PART OF THE NE 1 /4 OF THE S W I A OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE SW 1f4, THENCE N87032'28Ui! 89.00 FEET TO A CREEK; THENCE ALONG SAID CREEK THE FOLLOWING&baSES: S 11 °49'19"E 32.53 FEET; THENCE S42°33'00"E 65.60 FEET; THENCE�S200�20'42"E 102.30 FEET; THENCE S47011'55"E 115.15 FEET; THENCE S 10°3 'Alp"EI45'�85 FEET; THENCE S30024'54"E 47.47 FEET; THENCE S50°19'43"E 162.67�FEET; T ENCE S62'08141"E 89.16 FEET; THENCE S49°38'02"E 57.09 FEET; THENCE S11°4*5�"E 47.21 FEET; THENCE S 18 29 51 W 93.17 FEET; /" � ,� ° THENCE= S 10°3948"W 83.02 FEET; THENCE S31036'12"E 47A2 FEET; THENCE S79°OS`4'1"E 46.50 BEET; THENCE '`N4b°39'58"E 54.31 FEET; THENCE S80°28'57"E 178.43 ` EE�T THENCE;S41 °22'28"E 124�84 FEET TO THE EAST LINE OF THE W1/2 OF SAIDNN LEAVING THE CREEK AND RUNNING ALONG 929.02 FEET TO THE NORTHEAST -.CORNER OF T] SWI/4; THENCE N86°52'04"W 655.46-=FEET TO to � .�,a,S:t,T. CONTAINING 10.93 ACRES, MORE OR LESSUB RIGHTS -OF -WAY OF RECORD OR FACT. '-,v""'; 7 OF `THE SW 1 A4; THENCE EAST LINE N02031'1811E V-2 OF SAID NE 1 /4 OF THE OF BEGINNING, EASEMENTS AND FA YETTEVILLE THE CITY OF FAYETFEVILLE, ARKANSAS PC Meeting of April 12, 2004 125 W. Mountain St. Fayetteville, AR 7270I Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: April 07, 2004 RZN 04-06.00: Rezoning (The Crowne, pp 559) was submitted by Crafton, Tull & Associates, Inc. on behalf of LEC Properties for property located at the southeast comer of 15th Street and Beechwood Avenue, north of 18'' Street. The property is currently zoned I-1, Heavy Commercial, Light Industrial, and contains approximately 10.93 acres. The request is to rezone the subject property to RMF-12, Residential Multi -family, 12 units per acre. 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BACKGROUND: ; Proper6idescription The subject property is located in southFayetteville, immediately west'of the Crowne Apartments development currently under construction, and north and east of Town Creek. Immediate surrounding properties are primarily vacant, with commercial zoning and planned land use to the west, existing 1-1 to the north and. multi -family development to -the east. The property is currently zoned I-1, Heavy Commercial and Light Industrial, a zoning which is not particularly compatible with the residential use to the east, nor planned commercial development to the west. A natural barrier is formed all along the western boundary of the subject property, Town Creek and its associated floodplain. Limited development may occur within this floodplain, though it may be important to construct a crossing of the creek at some` point in the future development of surrounding property, to provide adequate access from existing residential areas and planned commercial tracts. Proposal: The developer intends to develop a condominium project on the 10.93 acres with a for -sale type of dwelling unit, as a departure from the multi -family apartment complex being developed to the east. A trai I -corridor'is being constructed by the developer of the Crowne Apartments for the Parks Department, a corridor that will likely continue along Town Creek with development of the proposed project. The proposed zoning allows for a maximum density of 12 units per acre, resulting in a maximum potential of 131 dwelling units. Request: The request is.to rezone the property RMF-12, Residential Multi -family, 12 units per acre. Direction Land Use Zoning North SWEPCO station, industrial use I-1, Heavy Commercial, Lt Industrial South Vacant C-2, Thoroughfare Commercial East Crowne A ts, under construction RMF-24, Res. Multifamily, 24 DU/acre West Vacant I C-2, Thoroughfare Commercial INFRASTRUCTURE: Streets: The rezoning request is not adjacent to a public right-of-way. Access will be likely be provided through the parking areas for the Crowne Apts. that are under construction at this time. To meet zoning requirements for frontage, the lot is part of an overall, larger tract that does front onto Futrall Drive and 181' Street. In order to process a development proposal on this particular site, a legal lot will need to be created first, and adequate frontage onto a public right-of-way provided. Water: The property will have access to an 8" looped water main system that is being installed with phase I of this project. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site currently has access to a 24" and a 1 2" sewer main across the site. Sewer will need to be extended within the development. The new wastewater project plans to construct a new 42-inch gravity sewer main parallel to' an existing 36-inch gravity force main in this area. As development plans are submitted, and confirm this to be the case, permanent easements need to be protected. Additionally, temporary construction easements may need to be obtained to facilitate construction of the new lines. Fire: The subject property is located 0.9 miles from the Fire Station 46 on Hollywood Drive. Normal driving time is 1 min. 56 seconds. Water supply will be necessary for this property to develop. Street improvements to allow for necessary fire apparatus ingress/egress will also be required. LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates the west side.of Town Creek in this area as Mixed Use. Rezoning this property to RMF-12 is consistent with the land use plan and is compatible with surrounding multifamily land use and future commercial development in the vicinity. FINDINGS OF THE STAFF 1. 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 zoning for a multifamily, condominium -style residential land use is compatible with adjacent'and nearby multifamily. dwellings currently under construction to the east, as well as property designated as Thoroughfare/Regional Commercial to the west. The General Plan designates this area for mixed uses, which is compatible with the proposed RMF42 zoning, in conjunction with future commercial activities. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in order to promote orderly and consistent development patterns making use of existing infrastructure. The rezoning is needed for the development of a condominium project as proposed by the applicant. A residential development could not be developed on this site with the existing I-1 zoning in place. Staff finds the presence of Town Creek proves a formidable boundary along the south and west, on which land uses are divided in the General Plan 2020, Regional Commercial to the west of the creek and Mixed Use to the east. A residential component at a lower density than traditional multifamily apartment complexes (RMF-24 or RMF-40) is a justified useof land in this area, with access provided from Beechwood, and eventually from Futrall Drive, with construction of a bridge. Staff fully expects the development of land west of Town Creek to be commercial in nature, and has had preliminary discussions with the applicant regarding a masterpian identifying this area as such. The applicant currently owns property on both sides of Town Creek. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will potentially create additional traffic on Beechwood, 15'h Street, 18'h Street, and Furall Drive. Beechwood and 18`h Street are being improved with the construction of the Crowne Apartments. Should a development be submitted for approval for the subject site, an assessment for a traffic signal at Razorback and 151h street will be required. The Fayetteville Police Department submits that this rezoning will not create an appreciable increase in traffic danger and congestion in this area. 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 would increase population density. The 10.93 acre tract under an I-1, Heavy Commercial and Light Industrial zoning designation would not allow for residential development in this manner. With the proposed RMF-12 designation, 131 dwelling units would be permitted. This increases the possible number of residential units, however is in keeping with existing land uses and density in the surrounding area. Engineering - The property will have access to an 8" looped water main system that is being installed with phase I of this project. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The site currently has access to a 24" and a 12" sewer main across the site. Sewer will need to be extended within the development. The rezoning request does not have frontage on a public right-of-way. The access will be provided through the parking areas that are under construction at this time. . The new wastewater project plans to construct a new 42-inch gravity sewer main parallel to an existing 36-inch gravity force main in this area. As development plans are submitted, and confirm this to be the case, permanent casements need to be protected. Additionally, temporary construction easements may need to be obtained to facilitate construction of the new lines. Fire - Water supply with fire hydrants is needed to serve development on this site. The fire station on Hollywood Drive will serve this site once it is constructed. Response time from the Station #6 is 1 minutes 56 seconds (0.9 miles): Police - Projects existing in this area already receive police services. The same level of service will be provided to this site as is currently applied to the existing city subdivisions to the north and the west. No additional equipment or personnel is needed to provide service to this area. 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 161.11 District RI�W-12, Residential Multi - Family — Twelve Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 City-wide usesTy right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit'10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and util' facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. IF_Unit_ser acre 4 to 12 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within 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. fL ' 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft, Fratemityor Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq, ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fratemi or Sorority 1,000 sq. ft. per resident (E) - Setback requirements. Front Side Rear 25 ft, 8 ft. 25 ft. Cross reference(s)—Variances, Ch. 156. (F) Height regulations. Any building' which exceeds the height of20 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. (G} Building area. None. (Ord. No. 4325, ? 3-01) FAYE-i TEVILLE RECEIVED ARR THE CfrY OF FAYETTEVILLE, ARKANSAS P L " ` N `i { L10' IV. POLICE DEPARTMENT April 5, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, This document is in response to the request for a determination of whether the proposed rezoning RZN 04-06.00: Rezoning (The Crowne, pp 559) submitted by Crafton, Tull & Associates on behalf of LEC Properties for property located at the southeast corner of 151h Street and Beechwood Avenue, north of 18"' Street would substantially alter the population density and thereby undesirably increase the load on public services or create and appreciable.increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services nor create and appreciable increase in traffic danger and congestion in the area. Sincerely, ieutenant William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72704 P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX: 501-587-3522 Apr 05 04 03:14p D: I Farrar ( 5.r ` 444-3447 m FAYETIPELVILY 15-1 FIRE MARSHAL'S OFFICE From: Fire Prevention Bureau To: PWI ing Division Dated ..6 l REZONING ANNEXATION REZONING #-Q �11&OWNER ANNEXATON# OWNER LOCATION OF PROPERTY_5ZJC0"W ,,,,, /S S; its ..:.. rt. ,... NEAREST FIRE STATION Axn LOCATION RESPONSE TIME FROM FIRE STATION # G TO LOCATION OF PROPERTY ! LUTES ,�"6 SECONDS. TRAVEL MILES FROM FIRE STAT ON # &w PROPERTY TO LOCATION OF + 9 COMMENT$ ON FIRE DEPT. ACCESS/ROAD WAYS EXISTING FIRE HYDRANT'S? IF LOCATION •• n It -- rUFM Y WITH NEEDED'-, ADDIT[ONAL COMMENTS.. MAIN OFFICE 115 SOUTH CHURCH ST. (501) 444-3448 / (501) 444-3449 M.W.A 5U65TATIQN 77ON FAX (501) 575-6272 (501) 575-8271 FAX (501) 575-8272 Grafton -Tull & Associates,Inc.In 4 ! C 901 N. 47th Street, Suite 200, Rogers, AR 72756 479.636.4838 Fax: 479.631.6224 www.craftull.com March 2, 2004 Dawn Warrick City of Fayetteville,. Planning 113 W. Mountain Fayetteville, AR 72703 RE: Proposed Rezoning Request Crowne Fayetteville Holdings, Limited Partnership CTA Job No. 031016-00 Dear Dawn: This is a proposed rezoning request, located west of the apartments that are under construction and north of the creek. Attached with'this rezoning was a previous Bill of Assurance that Tom Broyles'had prepared. Checklist Item #5 - The current ownership is "Crowne Fayetteville Holdings, Limited Partnership" and we are not aware of any pending sales. - The developer intends to develop a condominium project on the 10.93 acres. - Water and sewer are available to the site. Access will be from a boulevard that was built with the apartments that extends from Beachwood Avenue. Checklist Item #6 The property -is next to existing multi -family zoning to the east and commercial zoning to the south and west. This is consistent with the -surrounding properties in the City ofFayetteville's. The proposed zoning is justified because the current zoning would not allow the development of condominiums. The surrounding infrastructure should have the capacity to handle -the increased traffic from this site. The current zoning for the property is 1-1 and a condominium project .would be more attractive more compatible with the surrounding zoning. The remaining .area of property to the south and west will be developed, commercial and the proposed zoning will provide a better -mixed use for the area. { e t , A r c k i t e -c t s , E n g i n e e r s S u r v e y o r s Cefe6rating' 40 years of (Design tE.xcelfence and (Dedicated Service 1963 - 2003 Should .you have any questions, or require any additional information, please contact us at your convenience. Very Truly Yours, Grafton, Tull & Associates, "Inc. Jerry Kelso, P.E. Vice President Attachment: e 4 Crown Fayetteville Associates has agreed to reduce the number of apartments by 30 units from 480 to 450, which could ,result in a decrease in can related to the.aparun=ts by as much as 60. The new project of 100 units could add 150 to 260 cars. This would ' net to around 90 to 140 cars. As we discussed, the U of A transit system currently picks up every 10 minutes at 6'h street and Razorback road. Gary. Smith indicated to Crowne Fayetteville Associates that a new route could be added serving Wal-Mart South and our whole project and returrt to the U of A by way of Razorback. This route would be serviced every 30 minutes and would significantly reduce the need for cars from the residents, hotels and commercial guest. Proposed Bill of Assurance: , r zoning with aMaximuin go / of units 1; EntraMeoff181bstreet Ext:1 1 Previous donated park on I 86'sbxxt r bnning and parks. Luxury Town hOmcs not t0start until late 2004 andcompleted as sol(L I would be happy to meet with your rwidents if you %ink it necessary. l�A • . x s ' . •rt'rrni r i tttt If !ft tit if i � Fi'J i' tF`J tsi �ijl3 in Ett-ts�t�:� PLAT OF SURVEY Wtporod Fm, CROWNE PAR1146M iMC- PART of SECTON M T-fe-N, R-]a-w CITY OF FAWTyEw+F wAWMTM in. AR 11111 ff]""""'' II1t1"111 I lot;*I Is I CrafMn. TuEI d Assgclatas, ]nc wn Il.ir nM+Alar9ml M�PFa,ui mas 4rlA6.ASi FAL tr1.Q1 wwwawwcw. A rc cite 8. _npiaaars d Sury o,y ar a. 't: �' R2-7N04-0.6.00 Close Up View Overview , n 1-1 RMF-24 y R F!2 , Legend '9oeee (b*008 stay Distdc EEEEW PdrdAal Arta" FLOODWAY Master Street Plan E20000 MinorArlendi 100 YEAR Master Street Plan ' "ecw SW YEAR t Fn)ewayl VrDwway '!!!! Historic C000cw LEM1T OF STUDY t _ C7ty units — — - easeuna P+ollie OuWde CityME RZN04-06.00 0 125 250 500 750 1,000 Feet i'3J II m !i $a WE Future Land Use ,_•, _ s� W,. 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Master Street Plan Freeway/Expressway *'tk.& Principal Arterial 10%my Minor Arterial �" ! ,o Collector ***** Hlsto&Collector 0 75 150 300 450 600 Feet ,f •ia<ID,pi , .y now 14 a #i l"k-1 RA G2 R-A c-2 0000 G2 ' G2 THE CROWNE °o o .+ 'jZaC R RW-24 oo ! ; 24 C-2 41 G2 G2 ° R O L .n Y^-r—• G-?c-: _ l G ! fr � C. 1 0 i 1-2 1-120 G2 ° Y E i n 1-r ar ttt 0 ~ RSF G2 0 . R-A: i ° o \ ffi2 1.7 RIVASF'Q 1 °,. R-r ° PR SUBJECT PROPERTY r. RW-240 R7•t2 pR'A 1 42 1 o I j 41 Jy S of C'2 peRSFJ � 't 62 RW-24 Q 'i � ° II RMF-Z4 •:es : ; 1' � �;tAfr�^i �;'.�'t�:kL:Y. a'• V �. r.., .`SS 1-1 1.1 P.t . rr': - -,-. }.' �- ''':: t 4. ., ? 1'. Kr ; t" - ;'f'Q'_,�r �•t �� ••RA.2i 1"•.` �. G2 0 000aood [ice CLYDESDALE a 'ri M�. } � ` •.� r� p �1 h/ ,.� ° -� ,tom ���`.:. �• - st f S'ty > M oo -A . °coo Overview Legend - Subject Property Boundary Master Street Plan RZN04.06.00 "%., Planning Area FI "ray y C✓ Streets o°00_008 Overlay District40%Principal anerf'1 4%k► Minor Anoftf "� Extsurrq L _ _t City Limits s` C*Necw Outside City ���i Kstorlccomctor 0 0.1 0.2 0.4 0.6 0.8 Iles Planning Commission April 12, 2004 RZN 04-06.00: Rezoning (The Crowne, pp 559) was submitted by Crafton, Tull & Associates, Inc. on behalf of LEC Properties for property located at the southeast corner of 15`h Street and Beechwood Avenue, north of 18'h Street. The property is currently zoned I-1, Heavy Commercial, Light Industrial, and contains approximately 10.93 acres. The request is to rezone the subject property to RMF-12, Residential Multi -family, 12 units per acre. Planner: Jeremy Pate Ostner: The next item on our agenda is another Rezoning, RZN 04-06.00 for the Crowne. Pate: This property is located at the southeast corner of 151h Street and Beechwood Avenue north of 18`h Street. You may remember it is just west of the Crowne Apartments that was approved last fall. Currently, the property is zoned I-1, Heavy Commercial/Light Industrial. To the west is zoned RMF-24, that is where the Crowne Apartments have been approved and are well under way with construction at this point. All along the western border to this piece of property shown on your maps, there is Town Creek which also abuts the property to the south, the Crowne Apartments to the south. To the west of that is C-2, Thoroughfare Commercial. To the north is I-1, there is an existing manufacturing plant and a SWEPCQ facility there as well. C-2 property is to the northwest. The request tonight is to rezone the subject property to RMF-12, which is Residential Multi -Family, 12 units maximum per acre. Immediately surrounding properties are primarily vacant with the exception of the construction going on to the east with commercial zoned and planned land use to the west. A natural barrier is formed all along the western boundary of this property. Town Creek and the associated floodplain, there will be limited development that can occur in this floodplain, though it may be important to at some point construct a crossing to actually access that property from the west and 18`h Street. The developer intends to develop a condominium project, a 1093 acres with a for sale type of dwelling unit as a departure from the multi -family units that we have seen with the apartment complexes of the Crowne. Again, this is just a request for the rezoning so that is not before us tonight. That is just to allow you the knowledge that has been represented to us. A trail corridor that is being constructed by the developer of the Crowne Apartments for the Parks Department will likely continue along Town Creek with any development of the proposed project. Again, the proposed zoning allows for a maximum density of 12 units per acre resulting in a maximum potential of 131 dwelling units. The presence of Town Creek is a major finding with regard to staff s findings on this proposed rezoning. It does provide a formal boundary along the south and the west. That is also the line on which the General Plan deviates on the west side it is Regional Commercial, on the east side it is more mixed use type of development. The proposed zoning of course from an I-1 type of zoning would increase population density in this area. Based on the findings from the Fire Planning Commission April 12, 2004 Department, Police Department and Engineering, which are also located in your staff report, it will not increase an appreciable traffic congestion or danger in this area. There are service accessible, bath water and sewer. Of course the services will need to be extended within the development. Staffs findings for the proposed zoning of multi -family condominium style residential land uses is compatible with the adjacent and nearby multi -family dwellings, especially in contrast to the existing I-1 zoning that it is currently. Ostner: Thank you. Is the applicant present? Kelso: I am Jerry Kelso with Crafton, Tull & Associates. I will try to give a brief presentation. There are a couple of maps here I want to show you. Let me go over our property and what we've got here. This area that is a beige color is zoned C-2 at this time. This area here and here is where the apartments are going up right now is zoned RMF-24. This area down here is all parks land. This right here is the floodway and the creek is basically in the center of that. The property that we are looking at is this RAF-12 right here. Our intent is not to put apartments here. These are going to be condominiums that will be sold. There is a Bill of Assurance that has been presented to the city and will be posted with this property that we are limited to less than 100 units and they will be condominiums and sold so they are not apartments. Unfortunately, the city doesn't have a zoning designation for condos so that is what this is. The type of condos we are looking at is what you see, they will be upscale nice looking condominiums. The one thing that I do want to point out is the fact that this is a mixed use area so we do have several different uses but I do want to point out that this is floodway. Those trees will have to remain in place. Any kind of commercial use for this area just wouldn't be feasible because of the trees, the floodway and you wouldn't have any visibility. The same thing on this side here with the large apartment buildings. That is why this area is zoned commercial and this area is zoned commercial so that kind of leaves this piece right here and what you do with it. We don't really want to put apartments there, commercial doesn't make sense but condominiums seemed to make the most sense and just a great fit for that piece of property. Again, this is what we have planned on doing and I can try to answer any questions that you might have. Ostner: Thank you Sir. At this point I will open it up to the public. Is there anyone who would like to comment on this issue, the rezoning for the ' Crowne? Seeing none, I will close it to the public and bring it back to the Commission for comments or motions. Planning Commission April 12, 2004 MOTION: Shackelford: As I look at this property the current zoning of I -I makes no sense whatsoever. You've got a large tract of RMF property to the east of this property and you have commercial property to the west and I think this is a pretty good buffer. In my mind this is a down zoning. Probably as this development occurs in this part of town industrial zonings are going to become less and less needed. I think this is a great concept and I think it fits in well with what this project overall is accomplishing in this area. Based on that, I am going to make a motion that we recommend approval of RZN 04-66.00 as presented. Clark: Second. Qstner: There is a motion by Commissioner Shackelford and a second by Commissioner Clark, is there anymore discussion on RZN 04-06.00? I'd like to agree that this is a down zoning and our General Plan 2020 designates the west side of this area as mixed use, that is not the area we are talking about, but for this project to be multi -family residential at this density, which is half the density of the Crowne Apartments, seems to be a good fit. I would concur. Are there any other comments? Renee, can you call the roll? Roll Call: Upon the completion of roil call the motion to forward RZN 04-06.00 to the City Council with a recommendation for approval was approved by a vote of 8-0-0. Thomas: The motion carries eight to zero. STAFF 'IEW FORM - NON -FINANCIAL C—_-CATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: May 4, 2004 CP&E RZN 04-06.00: Rezoning (The Crowne, pp 598) was submitted by Jerry Kelso of Crafton, Tull & Associates on behalf of the Crowne Limited Partnership for property located north of 18th Street and west of Beechwood Avenue. The property is currently zoned I-1, Heavy Commercial/Light Industrial and contains approximately 10.93 acres. The request is to rezone the property to RMF-12, Residential Multi -Family, 12 units per acre. STAFF RECOMMENDATION: Approval. % ,Ity Hour, AZY Received in Mayor's Office D to ` /16/ i Date Department Director Date Finance & Internal Services Dir. Date C 'e dministrative Officer Date Mayor Date Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes yh of f Dat No Statement of Intent RZN 04-06.00 (pp# 559) To the aldermen and citizens of Ward Four: We the current owners of the subject property and adjoining property to the west, have initiated the following actions in order to ensure a quality development which meets or exceeds the zoning and development requirements of the City of Fayetteville: 1. Coordinate with City Parks & Recreation staff and Parks and Recreation Advisory Board regarding extension of trail corridor along the creek which runs along the west side of the subject property. The developers of the condominiums and the.commercial development to the west wish to align the trail along the western side of the creek on the adjacent commercial property when it is extended. This action will have to be reviewed by PRAB and confirmed by the Planning Commission during the development review process. ■ The developers have initiated this process by contacting the City's Trails and Greenways Coordinator, Steve Hatfield. ■ A trail will be extended in conjunction with the condominium development or with the adjoining commercial development in accordance with the City's adopted Master Trails Plan (Fayetteville Alternative Trails and Transportation Plan) 2. Reduce the number of overall multi -family residential units in the original apartment development not to exceed 450 units. ■ The RMF-24 zoning approved with a bill of assurance limiting total units to 480. This item will be heard by the City Council as a separate request to modify the already accepted Bill of Assurance (part of ord # 4501) ■ Note: The approved large scale development for this property consisted of three phases and a total of 444 multi -family dwellings. ■ This project is currently being developed and major modifications to the layout or number of units will require approval of the Subdivision Committee. 3. Coordinate bus service to the overall development (current and future phases) with local transit authority. 4. Allow one acre of property, located south of the subject tract, which is currently owned by developer of commercial property to the west, may to be utilized by the developer of the townhomes t condominiums for negotiating with the City Parks & Recreation Advisory Board if needed or desired. Through these actions and the accompanying Bill of Assurance, we believe that our common goals will be achieved. Sincerely, Tom Broyles Crowne Fayetteville Associates RZN 04-06.00 (pp# 559) Bill ofAssurance Page 7 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") Crowne Fayetteville Associates, 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 - reasonably rely upon aII 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 hereto shall be limited to a density described in Exhibit "A" attached of no " more than 100 residential dwelling units. 2. Petitioner shall develop a project consisting of town -homes or condominiums with residential units intended for sale. 3. Construction shall not commence before the fourth quarter of 2004. 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 WHEREOF and in agreement with aII the terms and conditions stated above, we, Crowne Fayetteville Associates, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. RZN 04-06.00 (pph 559) Bill of Assurance Page 2 Date Address Date Address Printed Name Signature Printed Name ,Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the day of 2004, appeared before me, and after. being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. NOTARY PUBLIC My Commission Expires: American College Consultants Amended Bit! of Assurance Page ? AMENDED 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") American College General Partnership, John Ellis and Torn Broyles, General Partners, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant 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 Petitioners or Petitioners' 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 Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners` rover described in Exhibit "A" attached hereto shall be limited to a densityo480 450 multi -family dwelling units. 2. Petitioners shall install a traffic signal either at Razorback Road and 15th Street or at Beechwood and 6thStreet, whichever is the most appropriate with a revised traffic study being submitted after the rezoning is approved, 3. Petitioners shall dedicate six to seven acres for park' land and a trail to be built by the developers -along the south boundary of the RMF 24, Residential Multi -Family, 24 units per acre property to the City of Fayetteville prior to development of subject property. 4. Petitioners shall provide storm water detention as required by the City of Fayetteville Drainage Criteria Manual. Petitioners specifically agree 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' American College Constellanfs Amended Bill of Assurance Page 2 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 and in agreement with all the terms and conditions stated above, we, Torn Broyles and John Ellis, General Partners American College General Partnership, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. Date Printed Name Address Date Address Signature Printed Name Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the day of 2004, appeared before me, , and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. NOTARY PUBLIC My Commission Expires: s Statement of Intent RZN 04-06.00 (pp# 559) R ZW &*y-Ab.0 To the aldermen and citizens of Ward Four: We the current owners of the subject property and adjoining property to the west, have initiated the following actions in order to ensure a quality'developriment which meets or exceeds the zoning and development requirements of the City of Fayetteville: 1. Coordinate with City Parks & Recreation staff and Parks and Recreation Advisory Board regarding extension of trail corridor along the creek which runs along the west side of the subject property. • The developers of the condominiums and the commercial development to the west wish to align the trail along the western side of the creek on the adjacent commercial property when it is extended. • This action will have to be reviewed by PRAB and confirmed by the Planning Commission during the development review process. • The developers have initiated this process by contacting the City's Trails and Greenways Coordinator, Steve Hatfield. ■ A trail will be extended in conjunction with the condominium development or with the adjoining commercial development in accordance with the City's adopted Master Trails Plan (Fayetteville Alternative Trails and Transportation Plan) 2. Reduce the number of overall multi -family residential units in the original apartment development not to exceed 450 units. ■ The RMF-24 zoning approved with a bill of assurance limiting total units to 480. This item will be heard by the City Council as a separate request to modify the already accepted Bill of Assurance (part of ord # 4501) • Note: The approved large scale development for this property consisted of three phases and a total of 444 multi -family dwellings. • This project is currently being developed and major modifications to the layout or number of units will require approval of the Subdivision Committee. 3. Coordinate bus service to the overall development (current and future phases) with local transit authority. 4. Allow one acre of property, located south of the subject tract, which is currently owned by developer of commercial property to the west, may to be utilized by the developer of the townhomes / condominiums for negotiating with the City Parks & Recreation Advisory Board if needed or desired. Through these actions and the accompanying Bill of Assurance, we believe that our common goals will be achieved. Sincerely, Tom Broyles Crowne Fayetteville Associates RZN 04-06M {ppM 554} Bill of Assurance Page 7 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") Crowne Fayetteville Associates, 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 - reasonably 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 hereto shall be limited to a density dwelling units. described in Exhibit "A" attached of no more than 100 residential 2. Petitioner shall develop a project consisting of town -homes or condominiums with residential units intended for sale. 3. Construction shall not commence before the fourth quarter of 2004. 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 WHEREOF and in agreement with all the terms and conditions stated above, we, Crowne Fayetteville Associates, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. RZN 04-06.00 (pp# 559) Silt of Assurance Page 2 ME" Address Date Address 9901MI 0 ZrIC10 COUNTY OF WASHINGTON And now on this the me, "• _e. It" Printed Name Signature NOTARY OATH day of 2004, appeared before and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. My Commission Expires; Arrrericau College Consultants Amended Bill of Assurance Page 7 AMENDED 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") American College General Partnership, John Ellis and Tom Broyles, General Partners, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant 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 Petitioners or Petitioners' 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 Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. _ The use of Petitioners' property described in Exhibit "A" attached hereto shall be limited to a density of 480 450 multi -family dwelling units 2. Petitioners shall install a traffic signal either at Razorback Road and 15th Street or at Beechwood and 6t" Street, whichever is the most appropriate with a revised traffic study being submitted after the rezoning is approved. 3. Petitioners shall dedicate six to seven acres for park land and a trail to be built by the developers along the south boundary of the RMF 24, Residential Multi -Family, 24 units per acre property to the City of Fayetteville prior to development of subject property. 4. Petitioners shall provide storm water detention as required by the City of Fayetteville Drainage Criteria Manual. Petitioners specifically agree 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' American College Consultants Amended Bill of Assurance Page 2 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 and in agreement with all the terms and conditions stated above, we, Tom Broyles and John Ellis, General Partners American College General Partnership, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. Date Address Date Address Printed Name Signature Printed Name Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the day of , 2004, appeared before me, and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. NOTARY PUBLIC My Commission Expires: J I American College Consultants Amended Bill of Assurance Page 3 EXHIBIT "A" A part of the NW1/4 of the SE1/4 of Section 20, T-16-N, R-30-W, being more particularly described as follows: From the N.E. corner of the NW1/4 of the SE1/4 of said Section 20, thence N87°13'22"W 464.78 feet; thence S02°46'38"W 75.95 feet to the center line of a ditch; thence along the center line of said ditch as follows: S13°52'53"W 157.39 feet; thence S17°38'29"E 138.54 feet; thence S64004'53"E 36.47 feet; thence SO°11'38"E 104.22 feet to* the Point of Beginning; thence SO'1158"E 89.61 feet; thence S14°47'06"E 227.46 feet; thence S30a02'E 82.11 feet to the West right-of-way for Razorback Road; thence S18'21'12"W 85.18 feet; thence leaving said right-of-way for Razorback Road N80°00'W along a creek 160.53 feet; thence N26°42'27"W 82.42 feet; thence N87°11'07"W 47.00 feet; thence S43°05'33"W 42.72 feet; thence SO4°20'41"E 36.68 feet; thence S30'46'23"W 95.54 feet; thence S30°46'23"W 43.82 feet; thence S42°18'32"W 60.19 feet; thence S03000'17W 234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision N87°09'34"W 220.24 feet to the NW corner of said Subdivision; thence along the East right-of-way of Ashwood Avenue NO3°26'28"E 20.00 feet; thence along the North right-of-way of 18th Street N87033'13"W 354.43 feet; thence along the East right-of-way of Arkansas Highway 16 Bypass NO2°11'12"E 845.65 feet; thence S85°33'37"E 863.18 feet to the Point of Beginning, containing 14.66 acres, more or less, Washington County, Arkansas. American College Consultants Amended Bill of Assurance Page 4 EXHIBIT "A" AMERICAN COLLEGE CONSULTANTS BILL OF ASSURANCE A part of the NW1/4 of the SE1/4 of Section 20, T-16-N, R-30-W, being more particularly described as follows: From the N.E. corner of the NW1/4 of the SE1f4 of said Section 20, thence N87*13'22"W 464.78 feet; thence S02°46'38"W 75.95 feet to the center line of a ditch; thence along the center line of said ditch as follows: S13°52"53"W 157.39 feet; thence S17°38'29"E 138.54 feet; thence S64004'53"E 36.47 feet; thence S0011"38"E 104.22 feet to the Point of Beginning; thence SO°11'38"E 89.61 feet; thence 514'47'06"E 227.46 feet; thence S30°02'E 82.11 feet to the West right-of-way for Razorback Road; thence S18°21'12"W 85.18 feet; thence leaving said right-of-way for Razorback Road N80°00'W along a creek 160.53 feet; thence N26°42'27"W 82.42 feet; thence N87°11'07"W 47.00 feet; thence S43a05'33"W 42.72 feet; thence SO4°20'41"E 36.68 feet; thence S30°46'23"W 95.54 feet; thence S30a46'23"W 43.82 feet; thence S42°18'32"W 60.19 feet; thence S03000'17"W 234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision N87°09'34"W 220.24 feet to the NW corner of said Subdivision; thence along the East right-of-way of Ashwood Avenue NO3Q26'28"E 20.00 feet; thence along the North right-of-way of 18th Street N87033'13"W 354.43 feet; thence along the East right-of-way of Arkansas Highway 16 Bypass NO2°11'12"E 845.65 feet, thence S85°33'37"E 863.18 feet to the Point of Beginning, containing 14.66 acres, more or less, Washington County, Arkansas. Also, A Part of the E1/2 of the NE1/4 of the SW1/4 of Section 20, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a found 3/4-inch iron pipe at the NE corner of said NE1/4 of the SW1/4; Thence S1°57'44"W 149.11 feet to a point on the West right-of-way line for Arkansas Highway 16 Bypass; Thence Southwesterly along said right-of-way along a 326.50 foot radius curve to the left having a delta angle of 26°56'10", an arc distance of 153.50 feet (the long chord of which bears S15°39'17"W a distance of 152.09 feet); Thence continuing along said West right-of-way line for Arkansas Highway 16 Bypass S2°11'12"W 713.25 feet to an existing concrete right-of-way marker; Thence S87°46'57"W 9.64 feet to an existing concrete right-of-way marker; Thence continuing Southwesterly along said West right-of-way line for Arkansas Highway 16 Bypass along a 236.50 foot radius curve to the right having a delta angle of 91°35'10", an arc distance of 378.04 feet (the long chord of which bears S48°08'49"W a distance of 339.06 feet); Thence S3°50'46"W 9.62 feet to a point on the North right-of-way Iine for 18th Street; Thence along said North right-of-way for 18th Street N87°10'48"W 374.29 1. American College Consultants Amended Bill of Assurance Page S feet to the West line of the E1/2 of said NE1/4 of the SW1/4; Thence N2'31'15"E 1263.02 feet to the NW corner of said E1/2 of the NE1/4 of the SW1/4; Thence S86052'04"E 655.46 feet to the Point of Beginning„ containing 17.844 acres, more or less. Subject to all easements and rights -of -way of record. FAYETT61LLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman�k City Clerk Division Date: May 24, 2004 Re: Ordinance No. 4573 Attached is a copy of the above ordinance passed by the City Council, May 18, 2004, approving a rezoning petition, RZN 04-06.00, for property located north of 18`' Street and West of Beechwood Avenue. This ordinance 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) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, EngineerinTo: Arkansas Democrat :s.r- c�� i Legal , do solemnly swear that I am ark of the Arkansas Democrat-Gazette/Northwest-Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from. my own personal knowledge and reference to the files of said publication, that advertisement of: //3 was inserted in the regular editions on PQ#.t 1 `* Publication Charge: $ Subscribed and sworn to before me this day of „ //ay , 2004. ., .. 'W01 I ,: IR MN PublicNotary My Commission Expires: 074-U` 4 0 ** Please do not pay from Affidavit. An invoice will be sent. official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07-25-2013 RECEIVED MAY. 2 7 2604 CrrY OF FAYE'7TEVILLE Crnr CMWS OFFICE 212 NORTH EAST AVENUE * P.Q. BOX 1607 * FAYE-TEVILLE, ARKANSAS 72702 * (501) 442-1700 ORMIN"CE NO. 4873 AN ORDINANCE REZONING THAT pROPERTY OESCR EIED IN REZONING PETITION RZM 04-06.00 AS SUS OF KELSO OF CRAFfON, TULL. & ASSOCIATES ON I THE CROWNE LIMITED PARTNERSHIP FOR PROPERTY BEEcmWDOODNOTH AYRENUEOEET ODNTAJNING ANDISTHRAppRD70MATE Y io.93 ACRES FROM I- I- HEAVY COMMERCIAL, LIGHT INDUSTRIAL TO RMF-12, RESIDENTIAL MULTI-FAM41Y. TWELVE UN1T5 PER ACRE f3E Tr ORDAiNEO BY THE City COUNCIL OF TH8 CITY OF FATETMALLB, ARK S""' Section 1: That d* tore ciaWfication of rite toOov*V desaioed pop" % hereby charted as fdll w - From 1.1, Heavy Conwnw la"r%t industrial to RMF-12, Resf iWU Multi-FamTy, 12 UnBs Per Acre as m in Eym"t "A" attached hereto and m8d9 a Part hwwf• Section 2: That the &kW zor kV map of ft City of Fayettev"' AA £+n5ee is hereby to reheat I he zoning ahenga Wovk in Se Uon I ob0vQ PASSED and APPROVED This 181h Bay 01 May, 2004. APPROVED,. DN GOODY, IMmfcw ATTEST: g�ondra &nith, ChY ClOrk RZN 04-08.00 A PART OF THE NW 1 /4 OF THE SWIM AND A PART OF THE NE1/4 OF THE SW t!4 OF SECTION 20, O A 115 MORE O NGEPA30 R WEST DESCRIBEDIN THE CITY OF FAS�FOUOWS SEGINNNG AT THE jENCE CREEK; THENCECORNER ALONG SAID CRIEEK THE FOLLOWING COURSES Sti'49 5 *1 55*E TFEE15 T THENCE S42.33'00'E 65.$0 FEET.. THENCE S20*20'42'E 102. FEET. THENCE �19 43'E FEET., THENCE 810.34'49'E i45.85 FEET: THENCE S30'2 ' 5fi2.$7 FEET: THENCE S82'08'41'E 89.18 FEET TH8,rE S49'38'02'E 57.09 FEET: THENCE S11.44'S7'E 47.21 FEET: THENCE S18'29'StW 93.57 FEET: THENCE S10'39'48W 83.02 FEET: THENCE S3t'3$'12'E 47,02 FEET: THENCE S79'05'41'E 48.5E FEET: THENCE N4fi'39'S8'E 5A.31 FEET: THENCE Seo'28'57'E 178.43 FEET: THENCE S41'22'28'E 124.&1 FEET TO THE EAST L1NE OF THE WIN OF SAID NEit4 OF THE SW i l4: O THE NORiHFAST OORNER O THE W 12 HENCE LEANANG THE CREEK AND.RUNNINGOF SAID SAID EAST LiNE NO2.3t'18'E 929.02 FEET NG- NEi14 OF THE SWIM THENCE N88.52'04'W 855A FEET TO THE POINT OF f3EGiNN1 CONTAINING 10.93 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND ffiGHTS OF -WAY OF RECORD OR FACT.