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HomeMy WebLinkAboutOrdinance 1314 r � ORDINANCE NO, 131ODK a 580 PAGE212 , AN ORDINANCE AMENDING ZONING ORDINANCE NO , 1239 , PASSED AND APPROVED JUNE 13 , 1960s AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE , ARKANSAS , APPROVED MAY 28 , 1962s TO REZONE CERTAIN REAL ESTATE FROM R - 1A SINGLE FAMILY RESIDENTIAL DISTRICT TO C - 2 THOROUGHFARE COMMERCIAL DISTRICT . WHEREAS , a public hearing was held before the Planning Commission of the City of Fayetteville , Arkansas , on July 24 , 1962 , on the petition of Evelyn Hills Shopping Center , Inc . , a corporation , and T . I. Abshier and Grace E . Abshier , his wife , requesting that said Planning Commission recommend to the City Council of the City of F$ayRteville" Arkansas , that said City Council enact an ordinance rezoning the prpj&rtry dcribe3 as follows , to- wit : < `oma min ap o A strip of land 150 feet deep , located on and abutting the Wes�d&Btndary of Hitr- crest Avenue , beginning at Abshier Drive , and running thence North � tK�t strip o of land 150 feet deep , located on and abutting the West boundary of H12ret A4renue , c beginning 370 feet North of Abshier Drive , and running thence North 66b feet . from R - lA Single Family Residential District to C - 2 Thoroughfare Commercial District, and WHEREAS , notice of said public hearing , setting forth the date , time , place , and purposes of hearing , and location of property was published in the Northwest Arkansas Times , a newspaper of general circulation in said City more than 15 days prior to said public hearing , and WHEREAS , following said public hearing , said Planning Commission certified to the City Council of the City of Fayetteville , its recommendation that an ordinance be adopted rezoning the west 130 feet of the above - described property from R - lA Single Family Residential District to C - 2 Thoroubhfare Commercial District , and that the east 20 feet thereof remain zoned R - 1A Residential District as a buffer zone between the C - 2 Thorough- fare Commercial District , and the existing R - lA Single Family Reisdential District east of the above - mentioned 150 foot strip ; the recommendation from the Planning Commission having been made on condition that the Evelyn Hills Shopping Center , Inc . , and T . I. Abshier and Grace E . Abshier , his wife , file for record their restrictive covenants , dated August 11 , 1962 , affecting the property , which covenants incorporate revisions suggested by the Planning Commission . NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 , That the west 130 foot strip of the above- described property be rezoned from R - lA Single Family Residential District to C- 2 Thoroughfare Commercial District, SECTION 2 . That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this Ordinance shall be in full force and effect from and after its passage , approval , and publication . MICRPASSED AND APPROVED THIS 27th day of August , 1962 . DATEOcT. 0 DATE oCi�y �$ APPROVED : A �ST : GUY E . BROWN, MAYOR i GEORGEOR J��Lr-Z� AV LS , CITY CLERK CERTIFICATE 1 STATE OF ARKANSAS CITY OF FAYETTEVILLE « r 4 t 4,91tG'EORGE J . DAVIS , City Clerk within and for the City of • ' •Fayetteville , Arkansas , do hereby certify that the annexed and • foregoing is a true and correct copy of the tA-A�rt•• Z• �� . � therein set forth , and thersame is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume �_ at Page /,5Y thereof . » IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this t „ J04day of I ` tic :i City ClerqE r r 4 ` k %1 i V\L W d al ` o O • C12 II A :\S: : a o •A` cl w y Y n . . N x _ Cc . : . . 00 Ri Ll LL Ll Id N x lL . Y iJ U U J1 a 1p ' ' W rJ F• m � N _ . . . i N . . Q q w G T C 1 0 7 m 3 3 m o v 3 Y j '• { I STATE of ARKANSAS County of Washington ss. I, ____ `' iI l� hereby certify that I am the fedit� _ (manager) (c4ief�countant) of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing pri- I OROINANOg NO, isia vilege, and being not less than four pages of five columns each, published N QADINANCE AMENDING r ING ORDINANCES NQ. 1239, at a, fixed place Of business and at m fixed (daily) intervals continuously in BSER �nNn APPROpED7:JUNE the City of Fayetteville, County of Washington, Arkansas, for more than 1960, ANDREVISEDL{ZONING STRI - T,BMAg,�OF :'EAYETTE= a period of twelve months, circulated and' distributed from an established LE. ARK�ATI6AS APPROVED place of business to subscribers and readers generally of all classes in the y 28. 19,64 TE UEZONE copy, or a. fixed A `ifi3 TE,�EROMiRiA City & County for a definate price for each co priceper G F MI L41 RESIDENTInL annum, which rice was fixed at what is considered. -the value of the ub- •RIC,'�'F MHO 3 'THORQIIGH- P _ p $CObiMER I'AL IiiS1'AICTk lication, based upon the news value and service value it contains, that at EA6, a pubUc hearin`gy'wa-p 1� be'•to'2trZiet�h anninge9mniie- least fifty percent of the subscribers thereto have paid cash for their sub- Cif, . • ,ayWevill e Ain ffie scriptions to the newspaper or its agents or through recognized news deal- sas, on July , 19§?. on 1>4- on of Evely a hpp �8 ers over a period of at least six months; and that the said newspaper pub- ti Ti eelishers an average of more than fourty percent news matter. ?3ffit5 aCom s'slo m the I further certify that the legal notice hereto attached in the matter of ,3Coun'eu'�pfho G+7 F,ay-, evllle�Aika t s C,},t • -- ---------------- t f _ was published in the regular daily issue of said newspaper for ____�____ wuxigeeuUve insertions as follows: )a_ Iw 'iee aEr of eydCAtplig„tl�o st vnug •.bpginnin`¢ 370 // dr of Abshi&' in ell d The first insertion on the __ day of 19(2 dl g7,4 }�North�,660 feet'" m fi�l'w� inIsI ., iden� 9DistGrlEit to Cct,an Ulf,hfare the second insertion on the ___ ._ __ ____ _ day of -------------- 19______ mmereidl Dlstrlec,. and c t{YHEAEA6 notice h 'of 'sald.public Parmg;, setlt-lg forth ;- the date; m! place, and purpoaea ofihear- the third insertion on the --- ------ ------ day of ------------ 19------ 10 ]on _____location of property s ublishedrinr the; oweSt Ar anA ll r Tlrli9 Ta; Oe$spapo r.of general! 1 �S /\ icutattQSlM, `saia Ci[y'$nbre t@anl and the fourth insertion on the ___ day of ------�_-_ 19______ days prior to Bald public hear.'- Si'� U I �w�n i9. and .yc e.r r .WHER �foll�g'In9 spld ,public, caring. d I'lattdtrjg Coo miss or' ertified ,iu/y oune I of ithe: uy of ayMvtee, its recom= Sworn to andsubscribed before me on this andatlon that. an ordinance be •C-- day Of ______ 1 ted uningrthe west 130 he rflgppv cribed roPe?'tY ' �m4IPIA1151 ribeid)Xpesiden=i. L+L[Z .. 19 (�y.�__ 6 i3 _______ _ ____-_. _ k ]>Lstri t C2 �Thor ughfare m"drelal strict, end that the \ {rt 30^f "t t , r f .remain zonetl. 1"- �„(�., 1 . ��y-v�/J_.\•.., {pomm qq _�_ ________ ________ _______________ L1A1.'Rt Tl,j :r f .rey alb^ae?'a aifer,,A%ond1&abetween,(nthey C•2 Notary Public opp&�htffar! C9mmeFcial D�atHet, d tbl,`iE>drting RYMSingle,Fam= AesleElltlal ttie �e•file,pg Qedt150 , foot n't rip; ler�Mhid�dation from the Plank My Commission Expires: Ing 6bmmlaeiod habine ,beene hoppinition thatItqc' eandr LAb-Yins Nly Cemmfszien E>:piren March 20, 796E ilerlapd !Graeeo .- ; Abshi ':hie ----------------------------- tie, Qe;forirecord thetrrraStrtc- ve ep'eJ ` l is 6t'id ' .`Auginn . ll, 183 aif�eTl�gythe4proyertY:t;C}'hieh Fee for Printing . . . lvetlst�ta•1','(;fttcorporate x revlstohs iggested by thh'e Planning Commis, on kr' l INOW THEAEFORE;,Ll.E$IT OAI Cost of Proof . . . . . $ _-_____ AINEU'HY TRE CITY COUNCIL jTHZh7c TY`u'IOr.4tFXYETTEmfr // ? ILL sARKANSAs U ' . . . . . . . lI lr Total $ �S SEC ION• 1 That the west 130 foot• ` �'1ip of"the', allove-deacrlbed prop tt , bflrezoned.from,IR 1A $itlgle 6 lly _Residential 7)igtrict_ to C-2i horoughfare CommerclaY•TiNNsstrict: SECrrTt,slON. g 's That alt. ordlnanced) iewiN5r7A {reby reealednanil ds 0rp�mallCe.ghall.be 1n full force ti3 Rj{ `,front and ,ester, Its,pass- �A.d. f1YSITYlAPPROVED .THIS : 4hl'day"l!lf,,,,,,gg,gust, 11 APPF��i C�2b: Igo:WYI& BROWN; Mayor' EOROPriGl. Y. DAYf$, lty STATE of ARKANSAS County of Washington as. - o I, ________ _ _ hereby certify that I am the (manager) of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing pri_ ORDINANCE NO. 1316 vilege, and being not less than four pages of five columns each, published ORDINANCE. AMENDING aa fixedlace of business and at a fixed (dally) intervals continuous) mLJG ORDINANCE NO. INN t P Y yin 1BSE1) AND APPROVED JUNE the City Of Fayetteville, County Of Washington, Arkansas, for more then 1960, AND REVISED ZONING ISTAICT MAP OF FAYETTE- a period of twelve months, circulated and, distributed from an established ARKANSAS, ONEAPPROVEDC - place of business to subscribers and readers generally of all classes in the AY 26. 1962, TO REZONE CER- SIN REAL ESTATE FROM R-IA City & County for a definate price for each copy, or a fixed pTiceper ISGL . FAMILY RESIDENTIAL annum, Which rice was fixed at what is considered, the value of the ub- NGL. T M C-2 THOROUGH- P P &RE COMMERCIAL DISTRICT. lication, based upon the news value and service value it containsthat at a'HEREAS, a public hearing was , rid before the Planning commis least fifty percent of the subscribers thereto have paid cash for their sub- on of the City of F962, on sue, Ar- scriptions to the newspaper or its agents or through recognized news deal- in ofes, the Tilly 24, 1962, to the At . tion of Evelyn Bills Shopping ers over a period of at least six months; and that the said newspaper pill) mter, Inc., a corporation, and T. Abs lishers an average of more than fourt ercent news matter. AbsInc,, and Grace Abshie g Y P e .wi{e, requesting- thatt said Plan-- ' 1ik Commission recommend to the I further certify that the legal notice hereto attached in the matter of dy Council of the `. City of Fay- � teville, Ark ns 's that said City rt 3uncil enact aordi niaa rezon- ' g the ,properfy deec�}�d as fol ______ w�_ � / •_�'f�J_ f �� wt, a pro ______ _ A strip of land%, +deep$ 10- d¢d and aappu Wtst Wnet {iiRr�est, Ste,. was published in the regular daily issue of said newspaper for ____�___ l41ai h8ariter nd >RiA- ' � Y #( ence Nogth 3"i $^. p Gipusppy3ive insertions as follows: '-Ia�d ' 150 feet deep, at$ n - ---'- '- � ablrtttng the west boundary of crests , Avenue, beginning 370 kt• North of Abshier Drive, and The first insertion on the ------ day of 19/a t6Diog thence North 660 feet. a1Tn. B-44 Single Family Resideii- 'District to C-2 Thoroughfare the second insertion on the ammercial District, and ----- day Of 19____ . WHEREAS, notice of said public Baring, setting forth the date, me, place, and purposes of hear the third insertion on the ------- day of ------------ 19 :g, and location of property wwee - abnshed in the Northweft Arkan- ,s Times, a newspaper of genera' __ /^ rculattph''-in said City more than and the fourth insertion on the _ d y of , days prior to said public hear- _ t�T..Z_fi7 ( i . �n ..� ug, and WHEREAS� dollgawing said public -__ ___ __ i__ __. aaring. ladiii QDmltnasIon •-titled ty ovi of the sty of ayettevhle, its reeom. Sworn to andsubscribed before me on this __ 'C: day of endation that an ordinance ba i pSed rang'}lte west 130 feet _ ' The ra�Npove�eferibed ,property oyn AR-t A, 6ltfgte Family Resider- _______ __.____ 19 at, District < 16 C-2 > Thoroughfare ommercial festrict, and that the est ,20 ,f t th7iereof .remain Zoned i -IA' Resytlenu91 District gas . a ,. affer a.igme : between the C-2 Notary Public pporeg are Commercial District, ' id 't1Y8 idsting R-IA Single Fam- r Realdential'.. District easit . of the )oye-me%pV� o-)ed 150 foot a t r 1 p; ]e recotrt endation from the Plan- My Commission Expires: Ing Cbmmission having been made i condition that the Evelyn Hills - hopping Center, Inc., and T. I. Ab- U'y Cc mnus-.ionZ ion z.pi res td arch 20, 1966 tier and Grace F. Abshier; his ------------------------------- lfe, (ile for record their restric- ve covenants, dated August 11, 62, affeetfn9 the property, which ) Fee for Printing . . . $ 0741 weriants Incorporate revisions iggested by the Planning Commis-. I on ' NOW THEREFORE, RE IT OR- ' Cost Of Proof . . . . . $ ____________ P_INEb BY THE CITY COUNCIL F •THE CITY OF FAYETTE- ILLE. ARKANSAS: I Total . . . . . . . $ SECTION 1, That the west 130 foot rip of the above-described prop- -ty be rezoned from R-IA Single ,milt' Residential District to C-2 horoughfare Commercial District. SECTION 2. That all ordinances parts of. ordinances in conflict -rewith are hereby repeated, and its Ordinance shall be in full force id effectfrom and after its pass- el apnrorhl, and publication. PASSED AND APPROVED THTC. thday. - f.August APIPP`�".-- _.