HomeMy WebLinkAboutORDINANCE 6249I
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6249
File Number: 2019-0639
RZN 19-6819 (4170 N. HILLSIDE TERR./CHAISSON):
ARCHIVED
III II I I IIII IIII VIII IIII VIII VIII VIII VIII VIII VIII VIII III IIII
Doc ID: 018882090003 Type: REL
Kind: ORDINANCE
Recorded: 11/01/2019 at 10:55:36 AM
Fee Amt: $25.00 Paqe 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2019-00033549
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-
6819 FOR APPROXIMATELY 3.35 ACRES LOCATED AT 4170 NORTH HILLSIDE TERRACE
FROM R -A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE, SUBJECT TO A BILL OF ASSURANCE
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 changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural to RSF-4,
Residential Single Family, 4 Units Per Acre, subject to the bill of assurance attached hereto and made
a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/15/2019
Approved
ion ld Jor 71
Mayor
Page 1
Attest:
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Lisa Branson, Deputy Cityr
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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") Brian Chaisson, a married man as owner of Washington County
Parcel # 765-04739-000, Lot 2 of Diamond Acres located in Fayetteville, Washington County, Arkansas, along
with his wife Elizabeth Chaisson, 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 Petitioner's property shall be limited to single-family homes.
2. Other restrictions including number and type of structures upon the property are limited
to:
a) The property shall be divided into no more than a maximum of three (3) lots.
b) Only one (1) single-family home shall be allowed per lot.
c) Said single-family homes must be permanent structures and not manufactured homes, trailers or
mobile homes.
3. Specific activities will not be allowed upon petitioner's property include:
a) No multi -family properties.
b) No more than one (1) single-family home per lot.
c) No manufactured housing, trailers, or mobile homes shall be erected on any lot.
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson
Document classification: NPD Internal Only
Page 1
4. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future
owners. 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, Large Scale Development, Survey or Lot
Split which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Brian Chaisson,
a married man, as the owner, developer or buyer, and being joined by my wife, Elizabeth Chaisson, (Petitioner)
voluntarily offer all such assurances and sign our names below.
l%/�9 ,�Sc��rt C�c�ciSsdn
Date Printed Name
cli jo N /(,'/l rla�e 7e v -
Address
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Brian Chaisson, Owner
Date Printed Name
ri
Address 11�, A -
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson
Document classification: NPD Internal Only
Elizabeth Chaisson, Wife of Brian Chaisson
Page 2
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON }
BE IT REMEMBERED, that on the Y day of 0c &,bt,- , 2019 came before the undersigned, a
Notary Public within and for the County and State aforesaid, duly commissioned and acting, Brian Chaisson
and Elizabeth Chaisson, to me well known or satisfactorily proven, and upon their oath swore or affirmed
that they had agreed to the terms of the above Bill of Assurance and had signed their names thereon for the
consideration, uses and purposes therein mentioned and set forth.
My Commission Expires:
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson
Document classification: NPD Internal Only
NOTARY PUBLIC
RONALD CALAWAY
NOTARY PUBLIC -STATE OF ARKANSAS
WASHINGTON COUNTY
My Commission Expires 08-23-2026
Commission # 12698667
Page 3
RZN 19-6819 C HAISSO N 19-6819
Close Up view EXHIBIT 'A'
P-1
R -o VALERIE DR
UJ
w
0
J Proposed RSF-4
•
RSF-4
RMF -24
Legend
Trail (Proposed)
Planning Area Feet
Fayetteville City Limits 0 75 150 300 450
Building Footprint 1 inch = 200 feet
.10
Subject Property
Zoning Acres
RSF-4 3.3
Tota 1 3.3
19-6819
EXHIBIT 'B'
PARCEL 765-04739-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A FOUND 5/8" REBAR WHICH IS S02039'49"W 314.90' AND S87043'1 VE
24.50' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND
RUNNING THENCE S87057'26"E A DISTANCE OF 482.31' TO A FOUND 1/2" REBAR,
THENCE S02021'49"W 300.76' TO A FOUND CONCRETE MONUMENT, THENCE
N87045'36"W 485.27' TO A FOUND CONCRETE MONUMENT, THENCE NO2055'58"E
299.13' TO THE POINT OF BEGINNING. CONTAINING 3.33 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3
Washington County, AR
I certify this instrument was filed on
11/01/2019 10:55:36 AM
and recorded in Real Estate
File Nu b 2019-00033549
Kyle I s er - , cuit Clerk
by
. City of Fayetteville, Arkansas 113 West Mountain Street
1 Fayetteville, AR 72701
(479) 575-8323
I
Text File
File Number. 2019-0639
Agenda Date: 10/15/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 11
RZN 19-6819 (4170 N. HILLSIDE TERR./CHAISSON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6819 FOR APPROXIMATELY 3.35 ACRES LOCATED AT 4170 NORTH HILLSIDE TERRACE
FROM R -A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE
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 changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R -A, Residential Agricultural to RSF-4, Residential Single Family, 4 Units
Per Acre, subject to the bill of assurance attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 1011612019
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2019-0639
Legistar File ID
10/15/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/27/2019 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
RZN 19-6819: Rezone (4170 N. HILLSIDE TERR./CHAISSON, 138): Submitted by BLEW & ASSOCIATES, INC. for
property located at 4170 N. HILLSIDE TERR. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains
approximately 3.35 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE, subject to a Bill of Assurance.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
1$ 1
0
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 15, 2019
TO: Mayor; Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, Planning Director
FROM: Abdul Ghous, Planner
DATE: September 27, 2019
CITY COUNCIL MEMO
SUBJECT: RZN 19-6819: Rezone (4170 N. HILLSIDE TERR./CHAISSON, 138): Submitted
by BLEW & ASSOCIATES, INC. for property located at 4170 N. HILLSIDE TERR.
The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains
approximately 3.35 acres. The request is to rezone the property to RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, subject to a Bill of
Assurance.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to RSF-4, Residential Single -Family, 4 Units Per Acre (subject to a Bill of Assurance) as
shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is on the south side of N. Hillside Terr. in the Diamond Acres subdivision.
This site is surrounded by R -A, Residential Agriculture district and RSF-4, Residential Single-
family 4 units per acre district. The 3.3 -acre property is zoned R -A Residential Agricultural and
contains a single-family dwelling.
Request: The applicant proposes to rezone the property from R -A to RSF-4, subject to a Bill of
Assurance. The applicant has submitted a Bill of Assurance that limits the property to one (1)
single-family home per lot and a maximum of three (3) lots. Additionally, single-family homes must
meet a minimum of 2,500 square feet of heated living space and said single-family homes must
be permanent structures and not manufactured homes, trailers or mobile homes.
Land Use Compatibility: Many of the properties in the area are undeveloped, agricultural, or large
lot residential in nature. Staff finds the proposed zoning to be compatible with the land use
patterns and development trends in the neighborhood. The proposed zoning districts is of a
suitable intensity and density for the low-density character of this rural residential area. Much of
the existing development is compatible with the scale of uses permitted with the RSF-4, zoning
district.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Plan Analysis: The property is designated as Residential Neighborhood Area and staff
finds the proposal to be consistent with this designation. The RSF-4 zoning district, is designed
to permit and encourage the development of low density detached dwellings in suitable
environments, as well as to protect existing development of these types. The proposed RSF-4
zoning is consistent with the adopted land use plan.
DISCUSSION:
On September 23, 2019, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval by a vote of 7-1-0. Chairman Mr. Matthew Hoffman voted no. Public
comment was made in favor of the rezoning request.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN 19-6819
Close Up View
R -o
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J
W
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0
W
LU
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CHAISSON 19-6819
EXHIBIT 'A'
Subject Property
Proposed RSF-4
Legend
- - - Trail (Proposed)
' Planning Area Feet
Fayetteville City Limits 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
0
4i A&
NORTH
Zoning Acres
RSF-4 3.3
Total 3.3
19-6819
EXHIBIT 'B'
PARCEL 765-04739-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE, 29 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING 1\IORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A FOUND 5/8" REBAR WHICH IS S02039'49"W 314.90' AND S87043111"E
24.50' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND
RUNNING THENCE S8705726"E A DISTANCE OF 482.31' TO A FOUND 1/2" REBAR,
THENCE S02021'49"W 300.76' TO A FOUND CONCRETE MONUMENT, THENCE
N87045'36"W 485.27' TO A FOUND CONCRETE 1\IONUMENT, THENCE NO2°55'58"E
299.13' TO THE POINT OF BEGINNING. CONTAINING 3.33 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Abdul R. Ghous, Planner
MEETING DATE: September 23, 2019 Updated 9.24.2019 PC FWD
SUBJECT: RZN 19-6819: Rezone (4170 N. HILLSIDE TERR./CHAISSON, 138):
Submitted by BLEW & ASSOCIATES, INC. for property located at 4170 N.
HILLSIDE TERR. The property is zoned R -A, RESIDENTIAL
AGRICULTURAL and contains approximately 3.35 acres. The request is to
rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE, subject to Bill of Assurance.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6819 to City Council with a recommendation for approval.
RECOMMENDED MOTION:
"I move to forward RZN 19-6819 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is on the south side of N. Hillside Terr. in the Diamond Acres subdivision.
This site is surrounded by R -A, Residential Agriculture district and RSF-4, Residential Single-
family 4 units per acre district. The 3.3 -acre property is zoned R -A Residential Agricultural and
contains a single-family dwelling. Surrounding land use and zoning is provided on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Residential Single -Family
RSF-4, Residential Single -Family 4 units per
acre
South
Undeveloped Lot
R -A, Residential Agriculture
East
Residential Single -Family
R -A, Residential Agriculture
West
Residential Single -Family
RSF-4, Residential Single -Family 4 units per
acre
Request: The request is to rezone the parcel from R -A, Residential Agriculture to RSF-4,
Residential Single-family 4 units per acre. The applicant has submitted a Bill of Assurance limiting
the use of the property to low density single family dwellings.
Public Comment: Staff has received public comment regarding this request, which is attached in
the staff report. After the Bill of Assurance was submitted by the applicant, the public comments
were withdrawn.
INFRASTRUCTURE:
Streets: This property has frontage to North Hillside Terrace. North Hillside Terrace is an
unimproved local street with asphalt paving and open ditches along the
property's frontage. Any street improvements required in these areas would be
determined at the time of development proposal. Any additional improvements or
requirements for drainage will be determined at time of development.
Water: Public water is available to this parcel. An existing 2 -inch watermain is present
along North Hillside Terrace that can serve this parcel.
Sewer: Sanitary sewer is not available to this parcel. There is an existing 8 -inch sanitary
sewer main located approximately 160 feet north of the subject area, so a main
extension would be required to serve this parcel.
Drainage: Any additional improvements or requirements for drainage would be determined
at the time of development. No portion of the property is designated as Hillside -
Hilltop Overlay District (HHOD). No hydric soils are present in the subject area.
No portion of the property lies within FEMA floodplain, nor is the property located
in a protected stream.
Fire: The subject property will be protected by Station 5, located at 2979 N Crossover
Rd. The property is located approximately 2.1 miles from the fire station with an
anticipated drive time of approximately 4 minutes using existing streets. The
anticipated response time would be approximately 6.2 minutes. Fire Department
response time is calculated based on the drive time plus 1 minute for dispatch
and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire
Department has a response time goal of 6 minutes for an engine and 8 minutes
for a ladder truck.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
a majority of the subject property for the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single family, multifamily and row -
houses. Residential Neighborhood encourages highly connected, compact blocks with gridded
street patterns and reduced setbacks. It also encourages traditional neighborhood development
that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor-
hood, such as retail and offices, on corners and along connecting corridors. This designation
recognizes existing conventional subdivision developments which may have large blocks with
conventional setbacks and development patterns that respond to features in the natural envi-
ronment.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03
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planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Many of the properties in the area are
undeveloped, agricultural, or large lot residential in nature, staff finds the
proposed zoning to be compatible with the land use patterns and
development trends. The proposed zoning districts are of a suitable intensity
and density for the low-density character of this rural residential area. Much
of the existing development is compatible with the scale of uses permitted
with the RSF-4, Residential Single -Family zoning district.
Land Use Plan Analysis: The property is designated as Residential
Neighborhood Area and staff finds the proposal to be consistent with this
designation. The RSF-4 zoning district, is designed to permit and encourage
the development of low density detached dwellings in suitable
environments, as well as to protect existing development of these types. The
proposed RSF-4 zoning to be consistent with the adopted land use plan.
The applicant has submitted a Bill of Assurance that limits the property to
one (1) single-family home per lot and a maximum of three (3) lots.
Additionally, single-family homes must meet a minimum of 2,500 square feet
of heated living space and said single-family homes must be permanent
structures and not manufactured homes, trailers or mobile homes.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: In staff's opinion, a rezoning to a single-family district on the subject
property is appropriate at this time, and staff is supportive of forwarding the
request. Staff finds that the property's location near several single-family
dwellings and in an area designated by the future land use plan as
Residential Neighborhood supports the requested use.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: This proposal is not expected to increase traffic danger or congestion to a
significant degree over the existing zoning. Future development will be
subject to City street design and access management standards.
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: Rezoning the property from R -A to RSF-4 will not dramatically increase the
potential population density and will not undesirably increase the load on
facilities and services. Under the R -A zoning district, uses are limited to
those associated with agricultural activities or low-density residential
whereas development under the RSF-4 zoning district uses are limited to
single-family low density detached dwellings. Public services will not be
adversely impacted by the proposed use.
GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03
Planning Commission\09-23-2019\Comments and Redlines
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
RECOMMENDATION: Planning staff recommends forwarding RZN 19-6819 to City Council,
with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: September 23, 2019 O Tabled Forwarded O Denied
Motion: Johnson
Motion forwarded to City Council
Second: Canada with a recommendation of
approval.
Vote: 7-1-0. Hoffman voted no.
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
n §161.03 — District R -A, Residential -Agricultural
o §161.14 — District RSF-4, Residential Single -Family 4 Units per Acre
• Request letter
• Bill of Assurance
• Public Comment
• Rezoning Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03
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161.03 - District R -A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an
orderly transition to urban development has been accomplished; prevent wasteful scattering of
development in rural areas; obtain economy of public funds in the providing of public improvements
and services of orderly growth; conserve the tax base; provide opportunity for affordable housing,
increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted Uses.
------------- _�_._ ..------
Unit 1 City-wide uses by right
Unit 3 1 Public protection and utility facilities
Unit 6 f Agriculture
Unit 7 ( Animal husbandry
Unit 8 I Single-family dwellings
Unit 9 ( Two-family dwellings
Unit 37 1 Manufactured homes
Unit 41 1 Accessory dwellings
Unit 43 1 Animal boarding and training
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use
permit
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit
20 Commercial recreation, large sites
Unit
24 Home occupations
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Unit
35 Outdoor Music Establishments
Unit Wireless communications facilities
36
Unit Clean technologies
42
(C) Density.
Units per acre F
One-half ('/Z)
(D) Bulk and Area Regulations.
Lot width minimum ( 200 feet
Lot Area Minimum:
Residential: 1 2 acres
Nonresidential: 1 2 acres
Lot area per dwelling unit 1 2 acres
(E) Setback Requirements.
Front
Side
Rear
35 feet
20 feet
35 feet
(F) Height Requirements. There shall be no maximum height limits in the R -A District, provided, however,
if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over one (1) story shall be equal to the difference between the total
height of that portion of the building and one (1) story.
(G) Building area. None
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A),
6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-
08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945 , §3, 1-17-17; Ord. No. 6015 , §1(Exh.
A), 11-21-17)
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161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of
these types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(2) Conditional Uses.
(C) Density.
Single-family Two (2) family
dwellings dwellings
Units per acre 4 or less 7 or less
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City-wide uses by conditional use
Unit 2
permit
.......
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit
12a
Limited business
Unit 24
Home occupations
Unit 36
5 Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family Two (2) family
dwellings dwellings
Units per acre 4 or less 7 or less
GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03
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(D) Bulk and Area Regulations.
Single-family Two (2) family
dwellings dwellings
Lot Width inimum 70 feet i 80 feet
Lot area 8,000 square 12,000 square
minimum ( feet feet
Land area per 8,000 square ? 6,000 square
dwelling unit feet j feet
Hillside
Overlay 60 feet 70 feet
District Lot
minimum width I
Hillside
Overlay ; 8,000 square ; 12,000 square
District Lot feet feet
area minimum
Land area per ' 8,000 square 6,000 square
dwelling unit feet feet
(E) Setback Requirements,
Front Side j Rear
15 feet 5 feet 15 feet
I
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area
of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-
06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord.
No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A),
11-21-17)
GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03
Planning Commission\09-23-2019\Comments and Redlines
iew ,, SsociateS, P.A.
Civil Engineers Professional Land Surveyors
3825 N. Shiloh Dr.
Fayetteville, Arkansas 72703
4794434506
Fax 582-1883
To: City of Fayetteville Planning Division
RE: Rezone Application
To Whom It May Concern:
Our client, Brian Chaisson, is requesting a Rezone of property located at 4170 N. Hillside
Terrace Fayetteville, AR Parcel #765-04739-000. The current zoning for the property is
R -A, and it is requested that the zoning be changed to RSF-4. The reason for the request
is for a possible potential new development that is not a permitted use for the current
zoning. The surrounding & adjacent properties are zoned RSF-4.
If you have any questions about this rezone feel free to contact me anytime at our office.
Sincerely
eretny Ble
Project Man ger
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") Brian Chaisson, a married man as owner of Washington County
Parcel # 765-04739-000, Lot 2 of Diamond Acres located in Fayetteville, Washington County, Arkansas, along
with his wife Elizabeth Chaisson, 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 Petitioner's property shall be limited to single-family homes.
2. Other restrictions including number and type of structures upon the property are limited
to:
a) The property shall be divided into no more than a maximum of three (3) lots.
b) Only one (1) single-family home shall be allowed per lot.
c) Said single family homes shall have a minimum of 2,500 square feet of heated living space.
d) Said single-family homes must be permanent structures and not manufactured homes, trailers or
mobile homes.
3. Specific activities will not be allowed upon petitioner's property include:
a) No multi -family properties.
b) No more than one (1) single-family home per lot.
c) No single-family homes smaller than 2,500 square feet of heated living space.
d) No manufactured housing, trailers, or mobile homes shall be erected on any lot.
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson Page 1
4. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future
owners. 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, Large Scale Development, Survey or Lot
Split which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Brian Chaisson,
a married man, as the owner, developer or buyer, and being joined by my wife, Elizabeth Chaisson, (Petitioner)
voluntarily offer all such assurances and sign our names below.
Date Printed Name Brian Chaisson, Owner
q00 lV : t�7 �Yldo' Tn/
Addrerss I-�06V f "eJ An 7J'�'6j
Date Printed Name Elizabeth Chaisson, Wife of Brian Chaisson
tM N. Niside fivfftuL
Address dvaj� )fiz, 9-n3
Bili of Assurance — Brian Chaisson and Elizabeth Chaisson Page 2
y
STATE OF ARKANSAS
) .ss
COUNTY OF WASHINGTON }
BE IT REMEMBERED, that on the today of ��� , 2019 came before the undersigned, a
Notary Public within and for the County and State aforesaid, duly commissioned and acting, Brian Chaisson
and Elizabeth Chaisson, to me well known or satisfactorily proven, and upon their oath swore or affirmed
that they had agreed to the terms of the above Bill of Assurance and had signed their names thereon for the
consideration, uses and purposes therein mentioned and set forth.
My Commission Expires: 44 6 20-lno
N Y ZPUBLIC
J. WILEY HOLT
W COMMISSION # 12378228
EXPIRES: August 28, 2020
ti3
WashingbnCounty
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson Page 3
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1,160 ® City Neighborhood Area
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") Brian Chaisson, a married man as owner of Washington County
Parcel 4 765-04739-000, Lot 2 of Diamond Acres located in Fayetteville, Washington County, Arkansas, along
with his wife Elizabeth Chaisson, 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 Petitioner's property shall be limited to single-family homes.
2. Other restrictions including number and type of structures upon the property are limited
to:
a) The property shall be divided into no more than a maximum of three (3) lots.
b) Only one (1) single-family home shall be allowed per lot.
c) Said single-family homes must be permanent structures and not manufactured homes, trailers or
mobile homes.
3. Specific activities will not be allowed upon petitioner's -prcnerty include:
a) No multi -family properties.
b) No more than one (1) single-family home per lot.
c) No manufactured housing, trailers, or mobile homes shall be erected on any lot.
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson
Document classification: NPD Internal Only
Page 1
4. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future
owners. 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, Large Scale Development, Survey or Lot
Split which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Brian Chaisson,
a married man, as the owner, developer or buyer, and being joined by my wife, Elizabeth Chaisson, (Petitioner)
voluntarily offer all such assurances and sign our names below.
Date Printed Name
g110 /Y, r(,' A;1c4&
Address
Brian Chaisson, Owner
Date Printed Name
b0Qs T mu-
V AddressI `� '
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson
Document classification: NPD Internal Only
�J
Elizabeth Chaisson, Wife of Brian Chaisson
Page 2
t
n
u
NOTARY OATH
STATE OF ARKANSAS
} .ss
COUNTY OF WASHINGTON}
BE IT REMEMBERED, that on the I day of Dc 14t , 2019 came before the undersigned, a
Notary Public within and for the County and State aforesaid, duly commissioned and acting, Brian Chaisson
and Elizabeth Chaisson, to me well known or satisfactorily proven, and upon their oath swore or affirmed
that they had agreed to the terms of the above Bill of Assurance and had signed their names thereon for the
consideration, uses and purposes therein mentioned and set forth.
My Commission Expires:
.7 --L'3- 26
Bill of Assurance — Brian Chaisson and Elizabeth Chaisson
Document classification: NPD Internal Only
NOTARY PUBLIC
RONALD CALAWAY
NOTARY PUBLIC -STATE OF ARKANSAS
WASHINGTON COUNTY
My Commission Expires 08-23-2026
Commission # 12698667
Page 3
RECEIVED
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6249
Was inserted in the Regular Edition on:
October 20, 2019
Publication Charges: 85.12
Gi4m,91�o,
Cathy S g IS
Subscribed and sworn to before me
This 31day of C)d-, 2019.
Notary Public
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
i:iv Commission Exr ; ^ ? r
* *NOTE*
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6249
File Number: 2019-0639
RZN 19-6819 (4170 N. HILLSIDE
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6819 FOR
APPROXIMATELY 3.35 ACRES LOCATED
AT 4170 NORTH HILLSIDE TERRACE
FROM R -A, RESIDENTIAL
AGRICULTURAL TO RSF4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE,
SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map
(Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's
Agenda Memo from R -A, Residential
Agricultural to RSF4, Residential Single
Family, 4 Units Per Acre, subject to the bill of
assurance attached hereto and made a part
hereof.
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to
reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/15/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75125506 10/20/2019
NOV 4 5 2019
NORTHWEST ARKANSAS
ILLE
CNTY .Ei�iKOF
d'+'Y CL`cRiC S S flFRCrr
DemocratVl,;, oazette
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6249
Was inserted in the Regular Edition on:
October 20, 2019
Publication Charges: 85.12
Gi4m,91�o,
Cathy S g IS
Subscribed and sworn to before me
This 31day of C)d-, 2019.
Notary Public
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
i:iv Commission Exr ; ^ ? r
* *NOTE*
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6249
File Number: 2019-0639
RZN 19-6819 (4170 N. HILLSIDE
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6819 FOR
APPROXIMATELY 3.35 ACRES LOCATED
AT 4170 NORTH HILLSIDE TERRACE
FROM R -A, RESIDENTIAL
AGRICULTURAL TO RSF4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE,
SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map
(Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's
Agenda Memo from R -A, Residential
Agricultural to RSF4, Residential Single
Family, 4 Units Per Acre, subject to the bill of
assurance attached hereto and made a part
hereof.
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to
reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/15/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75125506 10/20/2019