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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: ���� � �•TREgS��. OF •••'P�'�!. Lisa Branson, Deputy Cityr cam: YE�E�I��E�} G fIntVi on 10/ G . ';e- 4 ��irir,6 tkO���`` 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 t ` 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 Q.' J J W z 0 W LU LU 0 J J an 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 Planning Comm ission\09-23-2019\Comments and Redlines 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 Planning Commission\09-23-2019\Comments and Redlines 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 GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03 Planning Comm ission\09-23-2019\Comments and Redlines 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) GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03 Planning Comm ission\09-23-2019\Comments and Redlines 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 GAETC\Development Services Review\2019\Development Services\19-6819 RZN 4170 N. Hillside Terr. (Chaisson) 138\03 Planning Comm ission\09-23-2019\Comments and Redlines 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 Planning Comm ission\09-23-2019\Comments and Redlines (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 I BOUNDARY SURVEY BLEW&ASSOCIATES.PA FAVETTE04-E 4-N113 1 I Fl, -A. FAll' LLE A. BRIAN CHAISSON RZN 19-6819 One Mile View CHAISSON I i 0 1I 0 25 0-25 0 5 Miles i I It- \ I 1 I 1 1 I �RN1U I�- 1 ZION RD ' 1 1 I 1 <3 Subject Property s I 1 1 1 1 t� 1 a; t 1 n a$ I A G 1 O -A t � ' e1►11/�1��1���I R-1)OWN 1 1 'a s1 RW -_'4 ' I 1 R6� I I NORTH I ZION RD W . 0 X O LU 0� M EXTRACTION HESIDENIIAL SINGLE-FAMILY =E-1 ME Retlamt®�ogrcallural COMMERCIAL RSF 5 ? ReiOmIaLOIFce R 1 R=F-2 "`° Legend � < RGF� Its W `RSF'T FORM BASED DISTRICTS RSF-0 Cwe Planning Area :RSF ,6 �UN1n TTvmg lar. RESIDENTIAL MULTI -FAMILY Man SIreMCmler — — — • � � RI 11 R11Eer111 Taro anE TMl 1-1 � po mrown Gmmra Fayetteville City Limits r RNF-0=emma 5•rv�1e r RMF -12 ::::.::: NeglEorl�ooJ Servma R {bAF18 � Ne9M1borl�oeJ Camervalon Shared Use Paved Trail r------ �RMF'21 PLANNED ZONING DISTRICTS Planning Area �RMF.o rlGamm.2.1. n1a11.1 R­ ­ Planning (Proposed) NDUSTRIAL INSTITUTIONAL Fayetteville City Limits a R1.aacla�'�mlmaEwminaww.- 13 Ger�en n RZN 19-6819 Close Up View r 1 ALF -2a MI R S F --t of W W 0 U) J J ■11 CHAISSON VALERIE DR Proposed RSF-4 1 R -A Legend Trail (Proposed) ' Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Subject Property NORTH Zoninq Acres RSF-4 3.3 Tota 1 3.3 RZN19-6819 CHAISSON NORTH Current Land Use µ ; ,..rb `44tt 10"i, 11�111­31 LN Z77777­ F."z17, � '�.m r a s r c `� • . , spm:_.. -� , ""fes' ':imp � `°v 1 - VALERIE DR" I Single Sub]ect Plop ertyEMU,r r,. �� n r-, jr- LU .I Z ° Tk LI " a x; Mixed Use Residential - ONG m, G�RDONL pR�(,z E� " Z or, 4 ; . JO_Y_CE BLVD Al d F V Streets Planned FEMA Flood Hazard Data MSP Class PRINCIPAL ARTERIAL 100 -Year Floodplain Streets Existing MSP Class Feet X Floodway PRIN ARTERIAL PKWY I I Trail (Proposed) 0 112.5 225 450 675 900 ` Planning Area 1 inch = 300 feet L Fayetteville City Limits RZN19-6819 CHAISSON Future Land Use A& NORTH ZION RD , 9M,, 1 1 X 1 a LU 1 w J � ' 1 J 1 1 1 � 1 n,. Subject Property J 0 1 w � 1 tr Q w , ��P J > s Z 0 i 'J o � 1 JOYCE BLVD ' i i 4 C)<, Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1 inch = 400 feet FUTURE LAND USE 2030 Natural Area Rural Area Residential Neighborhood Area 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