HomeMy WebLinkAboutOrdinance 1340 BOOK 589 PAGE111
ORDINANCE NO: 1340 ,M
AN . ORDINANCE AMENDING ORDINANCE NO, 1245 , SUBDIVISION�ppTIO1, S,
APPROVED SEPTEMBER 12 , 1960s AND AMENDMENTS . THERE � D, MO \ � ���IFICALLY
TO AMEND ARTICLE I, D- 7 AND D- 14, BY REPEALING THE DEFIN P ��r" LOT
SPLIT" ' , SUBSTITUTING AS D- 7 THE DEFINITION OF "PARCEL" , A1�DD��fvIENDING
THE
SPLIT'.- "'
OF "SUBDIVISION" , TO REPEAL THE REFERENCE THROUGHOUT
THE ORDINANCE TO " LOT SPLIT " ; TO RE— NUMBER ARTICLES OF THE ORDINANCE ;
TO AMEND ARTICLE II, A— 1 — b ( 3 ) , A- 2 — a , B - 4B - 3 - i , B - 6 , B - 7 , with REFERENCE
TO PROCEDURE FOR SUBDIVISION PLAT APPROVAL; TO AMEND ARTICLE IV , E BY
ADDING A PARAGRAPH 4 , AS TO CUL- DE -SAC TURNAROUNDS ; TO AMEND
ARTICLE IV , G- 5 AND G- 6 WITH REFERENCE TO MINIMUM STREET WIDTHS AND
CUL- DE -SAC RADII; TO AMEND ARTICLE V , G- 2 , AND TO REPEAL G- 3 , WITH
REFERENCE TO GUARANTEES IN LIEU OF INSTALLATION OF IMPROVEMENTS , TO
AMEND ARTICLE VI, A, WITH REFERENCE TO VARIANCES ; TO AMEND ARTICLE VI,
H, 1 -c BY REPEALING THAT PARAGRAPH WITH REFERENCE TO NOT CHANGING A
RECORDED PLAT UNLESS VACATED; TO AMEND VARIOUS ARTICLES BY SUBSTITUTING
"SETBACK REGULATIONS OR ORDINANCES" FOR " MAJOR STREET PLAN" ; AND
FOR OTHER PURPOSES
WHEREAS , a public hearing was held before the Planning Commission of the City of
Fayetteville , Arkansas , on February 16 , 1962 , for the purpose of discussing certain
amendments and changes to the Subdivision Regulations , Ordinance No . 1245 , passed
and approved September 12 , 1960 , 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
hearing , and
WHEREAS , following said public hearing , said Planning Commission certified to the
City Council of the City of Fayetteville , Arkansas , the following amendments to Ordinance
No . 1245 , which are herein adopted.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
. SECTION I . That Article I , "General Provisions " , Paragraph D, "Definitions " , sub -
paragraph 7 , be and it is hereby repealed; that sub - paragraphs 7 and 14 be and the same
are hereby amended to read as follows , to- wit:
7 . Parcel - An area under one ownership .
14 . Subdivision - Any division of unplatted land or any re - subdivision of platted
land within the planning area jurisdiction when any or all of the following
is involved:
a) Sale , whether immediate or future .
b) The construction of new buildings ( dwellings or business structures ) ..
MICROFI AD9OCT 1978
DATE__
REEL�3-'
BOOK 589 PAGE112
Ordinance No . 1340 - 2 - February 25 , 1963
c ) The dedication of a new street , or the extension of an existing street , by
the property owner , when done in conjunction with either sale or new con-
struction referred to above . However , the following exceptions will be
noted:
1 ) A division of land principally for agricultural purposes into not more
than two new lots or parcels and not involving a new street shall .
not be deemed a subdivision . ( See Article V , A. Variances )
2) The creation, whether at one time or at different times , of one or
more new lots out of an existing parcel when such lots will not inter -
fere with the future subdivision of the original parcel and/ or the
future subdivision of the surrounding land shall not be deemed a
subdivision . (See Article V . A. Variances )
The remainder of the original tract shall not be counted in the total
new lots or parcels .
SECTION 2 . That the opening paragraph of Article II, " Procedure for Subdivision
Plat Approval " , and Article II, Paragraph A , sub -paragraph 1 - b ( 3 ) , Paragraph A,
sub- paragraph 2 - a, Paragraph B , sub-paragraph 2 , Paragraph B , sub -paragraph 3 - i ,
Paragraph B , sub-paragraphs 6 and 7 , be and the same are hereby amended to read
as follows , to- wit:
II , Procedure for Subdivision Plat Approval . ( Opening paragraph)
Two steps are involved in approval by the Planning Commission of a new subdivision
proposal : ( 1 ) preparation and approval of the Preliminary Plat; and (2 ) preparation
and approval of the final plat . (Application forms for plat approvals are available in
the offices of the Planning Commission or of the Building Inspector ) .
If a division of land results in a determination that it is not a subdivision ( under
Article 1, D - 14 , Definitions , and under Article V , A . , Variances ) so that formal
plat approval procedure provided in this Article is not necessary , the Planning
Commission may. require the property owner to file with the County Recorder
an informal plat of the area, on the face of which the Planning Commission Chair -
man and / or Secretary shall sign the following sta tement : " Informal plat approved
this (date ) in accordance with Article V . A . , Variances , of Fayetteville
City Ordinance No . 1245 , as amended . " (Signature of Chairman or Secretary )
A . Preliminary Plat .
1 . Submission
b . Existing conditions
3 ) Names of adjacent subdivisions and owners of adjacent parcels
of unsubdivided land , and evidence that adjoining property owners
have had an opportunity to see the proposed plat .
a BOOK 589 PAGE113
Ordinance No . 1340 - 3 - February 25 , 1963
2 . Review by Planning Commission .
a . Approvai or rejection:
Within ten ( 10 ) days after review by the Planning Commission , the sub -
divider shali be notified in writing whether the , Preliiriiriaiy Plat is approved ,
In case the Piat is not approved, the reasons for disapproval shiiil be given
in wilting . Failure of the Planning Commission to act on the Preliminary
Plat within sixty ( 60 ) days from the date of application submission shall
lie deemed approval of the Preliminary Plat . Approval of the Preliminary
Plat , however , does not constitute, acceptance of the subdivision . Rather ,
it is authorization for the subdivider to proceed with the installation of
improvements as specified in Article IV , Improvements .
If the subdivider desires to presently develop only a portion of the total
area intended for development , the Planning Commission shall require
preliminary plat approval for the entire area intended for development
to insure that the purpose and intent of these regulations are complied
with , and a final plat shall be required only for the portion of the total
area intended for present development , with additional Final Plat or Plats
to be required for other portions or the rest of the area as developed.
However , upon the approval of the Preliminary Plat , and pending approval
of the Final Plat even for the areas being presentlydeveloped , the Planning
Commission may authorize the issuance of building permits for such lots
(to be determined by the Planning Commission) shown on the approved
Preliminary Plat which are located on existing open streets , provided such
streets meet the minimum street width requirements of the City , or pro-
vided the subdivider will dedicate his share of the land to meet the required
street width , and provided the subdivider will given written assurance to
the Planning Commission that he will proceed with due diligence with the
submission of his Final Plat . ( See Article II, B - 6 , and Article IV , G)
B . Final Plat .
2 . Copies of Final Plat
One ( 1 ) original drawing on white cloth- backed 100°16 new rag , water
resistant , white drawing paper in India ink and five ( 5 ) Ozilid print copies
at a scale of one ( 1 ) inch equalling one hundred ( 100 ) feet , if space permits ,
on sheets 18 " x 23 " ; otherwise , one ( 1 ) inch equalling two hundred (200 ) feet .
3 . Information on Final Plat
i . Front building set- back lines with dimensions .
6 . Planning Commission Approval .
(Second paragraph to be following by the sentence ) :
(See Article IV , G . , Guarantee in Lieu of Installation of Improvements , for
other Final Plat approval conditions . Also , see Article II , A , 2 , a . ,
Approval or Rejection of Preliminary Plat . )
BOOK 589 PAGE114
Ordinance No . 1340 - 4 - February 25 , 1963
7 . Recording the Final Plat
Pursuant to Section 5c , Arkansas Planning Law , Act 186 of 1957 , "the
County Recorder shall not accept any plat for record without the approval of
the Planning Commission " . Following approval by the Planning Commission ,
and acceptance by the City Council , if the property is located within the City ,
the original India ink drawings of the Final Plat , as specified above , also
shall be filed with the County Recorder by the City Clerk , at the subdivider ' s
expense .
SECTION 3 . That Article III, Procedure for Lot- Split Approval , be and the same
is hereby repealed .
SECTION 4 . That all references to Lot - Split throughout Ordinance No . 1245 be
and they are hereby repealed .
SECTION 5 . That Articles N through VI be and they are hereby renumbered as
Articles III through V , respectively .
SECTION 6 . That where applicable throughout Ordinance No . 1245 , the phrase
"Setback Ordinance " or ' Setback Regulations " be and it is hereby substituted for
" Major Street Plan" .
SECTION 7 . That Article III ( formerly Article IV ) Paragraph E , and Paragraph G ,
sub- paragraphs 5 and 6 , be and the same are hereby amended to read as follows , to- wit :
E . Grades and Profiles .
4 . On cul- de - sac streets where turn- arounds are involved , the building set-
back line shall be figured from a theoretical extension of the street line
through the turn- around instead of from the outer edge of the turn - around .
G . Streets .
5 . Streets shall have minimum rights - of- way and surfaced widths , as
required by the Major Street Plan , as amended from time to time . These
minimum widths shall be required instead of lesser widths , as provided
by a Set - back Ordinance or Set- back Regulations , unless in the opinion of
the Planning Commission , the lesser Set- back Ordinance widths are
acceptable . Widths now required by the Major Street Plan are :
City County
Primary Thoroughfares 84 ' 120 '
Secondary Thoroughfares 70 ' 100 '
Collector Streets 60 ' 70 '
Minor Streets 50 ' 50 '
Loop Route 120 ' 120 '
1
BOOK 589 ME115
Ordinance No . 1340 - 5 - February 25 , 1963
61. Cul- de - sac and dead end streets should be avoided except in cases where
unusual topographic conditions may make such streets necessary . Where
such streets are permitted , they shall have a minimum length of 600 feet
and shall be provided with a vehicular turn- around with a minimum radius
of fifty ( 50 ) feet unless, in the opinion of the Planning Commission , the
turn- around may have a radius of not less than thirty- five ( 35 ) feet .
The dedication of right- of- way for all cul- de - sac or dead end streets
shall be extended to the boundary of adjoining property whenever in the
opinion of the Planning Commission it is desirable to provide for future
street access to adjoining property .
SECTION 8 . That Article IV ( formerly Article V ) , Improvements , Paragraph G .
sub - paragraph 2 , be and the same is hereby amended to read as follows , to - wit:
G . Guarantees in Lieu of Installation of Improvements .
2 . Enters into an Agreement or Contract with the City .
If the subdivider chooses to begin his construction program or to sell lots
within the subdivision prior to the installation of the required improvements ,
he may enter into a written agreement with the City, which shall include
but not be limited to the following conditions :
a . The final plat is otherwise approvable by the Planning Commission .
b . The required improvements shall be installed, if all the improvements
have not been provided , within the period to be fixed by the contract . The
terms of any such conditional Final Plat approval shall be noted on the Final
Plat by the Planning Commission before the Final Plat is filed for record;
and when the conditions have been met , this fact shall be noted by the City
Clerk on the original recorded plat with his notation to be attested by
the County Recorder .
SECTION 9 . That Article IV ( formerly Article V ) , Paragraph G . sub- paragraph
3 ( "Provides other assurances pertaining to site improvements " ) , be and the same is
hereby repealed.
SECTION 10 . That Article V ( formerly Article VI) , Paragraph A , be and the same
is hereby amended to read as follows , to- wit :
V . Administration .
A . Variances .
Whenever the tract to be subdivided is of such unusual size , shape or
topography or surrounded by such development or conditions that the
provisions of these regulations shall result in substantial hardship on
the subdivider , the Planning Commission may vary or modify such
requirements to the end that the subdivision may be developed con-
sistent with public welfare and safety .
BOOK 589 PAGE116
Ordinance No . 1340 - 5 - February 25 , 1963
"Agricultural purposes " referred to in the definition of a SUBDIVISION
means the use of a major portion of the tract for horticulture , nurseries ,
orchards , forests and forestries , apiaries., field crops , breeding or
raising livestock or poultry , riding stables , or other similar activities .
The question of whether or not the creation of one new lot out of an
existing parcel interferes with the future subdivision of the original
parcel and /or the future subdivision of the surrounding land ( as set out
in the definition of a Subdivision ) shall bedetermined by the Building
Inspector ; if more than one lot (whether created at the same time or
at different times ) is involved this determination shall be by the
Planning Commission .
SECTION 11 . That the last paragraph in Paragraph G ( relating to the fee for filing
a Lot- Split plat ) , and Item c , sub - paragraph 1 , Paragraph H (providing that platting as
filed for record cannot be changed unless vacated) , both in Article V ( formerly
Article VI) , Administration, be and the same are hereby repealed .
SECTION 12 . That all ordinances or parts of ordinances in conflict herewith are
hereby repealed , and this action being necessary for the public health , peace , safety ,
order , comfort and convenience within the City of Fayetteville , Arkansas , an
emergency is hereby declared to exist and this ordinance shall be in full force and
effect from and after its passage , approval , and publication .
PASSED AND APPROVED this 25th day of February 1963 .
APPROVED:
I Z
GUY E . (BROWN, MA'Y19R
ATTEST :
GEOR . ' DAVIS , CITY CLERK
BOOK 509 PAGE 117
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I, GEORGE 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 th
2 2 t f, yL 6 , therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
Dov
COUNCIL RECORD , Volume at Page4S' thereof .
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
day of M414 L 19 ro 3 .
City 1 k
CERTIFICATE OF RECORD
STATE OF ARKANSAS
=_s.
Washington County )))
I, Lloyd McConneli, C'irfa;t Clerk. and Ex-Officio Recorder fir
Wzshine�on County, do-herchy certify that the annox�d orrfere.
ecin iinns&rurnentt v,, s fl�d for record in ^iy office on the Y . day
cf. . i /. .LfA�LU� . . 3_t� Oo'aE QJ. a nd th , s -osis
p
du y re- r'n, in . . . rc-uojVandda�
?/ �
W,tne__ my hand and t:ti3 . . d. y of 19 .`3
C' • •lit Ex-� li:co ttecoder
STATE of ARE:ANSAS
` - County of Washington as. '
G+n _G1 ""'` hereby certify that I
am the ledit (manager) �) of THE NORTHWEST
ARKANSAS TIMES, a daily newspaper having a second class mailing pr!-
vilege, and being not less than four pages of five columns each, published
at a fixed place of business and at a fixed (daily) intervals continuously in
the City of Fayetteville, County of Washington, Arkansas, for more than
a period of twelve months, circulated and distributed from an established
place of business to subscribers and readers generally of all classes in the
City & County for a definate price for each copy, or a fixed price per
annum, which price was fixed at what is considered the value of the pub-
lication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their sub-
scriptions to the newspaper or its agents or through recognized news deal-
ers over a period of at least six months; and that the said newspaper pub-
lishers an average of more than fourty percent news matter.
I further certify that the legal notice hereto attached in the matter of
----------------� �------1 1`` ----------
was published in the regular daily issue of said newspaper for -----/__
snn�e insertion0 as follows:
The first insertion on the _ ---- day of
the second insertion on the --- ---------- day of ------------ 19------
the third insertion on the ----------- day of ------------ 19------
and the fourth insertion on the ----------- day ______ 19__
Swornto ndsu�bss�criib)ed before me on this -__ -�--__ day of ---_-_
wJt[!3^--=------------ 19
Notary Public
My )Commission Expires:
J
Fee for Printing . . . $ —i
Cost of Proof . . . . . $ --------
_—//-
Total . . . . . . . $ --l¢7•_LJR
ORDINANE NO. 1340 ,,,,��,,
AN ORDINPt MEN;DINGyOR- 2)`The teatlon; wnerner' az
DIPIA ,C.E TN-O $UHI)ISO�iSION .one time or at different '~
G TIO PPR YEDrSEP-
I ; times, of one or more new
ElIBER., 12,_ 1�fi0 S AMEND- a lots out of. Ian existing
MENTS TIIFR TO WIMORE;,,,SPE- parte] when such lots wiH
LINICALLY4:TD AMENDAWRTICLE '' aaiaR Interfere with the fu-
I, ANDS;:D 14gBY�REPEALING lure eu4dlviston of the N�
THE DEEINITION4jOF LOT L original-parcel and/or the ' O f
SPLIT !ISUHSTITU¢INGA9jD-7 t futuie,subdiviston of the
'THE DEFINITION OFP-ARCEL", „surrounding Land shall LEGAL NOTICES- ' �
'AND AMENDING 71HE IDEFINI- not be deemed a subdi-
.TION OF SUBDIVISION TOPreliminary Plat, however.
REPEAL *HE( 111H( jEIRIEINIC E , vision. IS" Article V. A. does not constitute ac-
Variances)
THROUGHOUlT`;!1 FO, RENUMBER * The remainder of the ceptance is the uthorizationfo .
TO IC1!E SPLIT r 70• RENUMBER ' original tract shall not Rather, It authorization for
ARTICLES OF}THEfCCORDINANCE; be counted in the total the subdivider to proceed
. TO AMEND ARTICLE li; A=F=o 3l with the installation of im-
provements as specified in
wiE;IREF,+ SECTION 2. That the opening Article IV, Improvements.
EREN"CE'*TOV7P.ROCEDURE FOR ' paragraph of Article H. "Procedure If the subdivider desires to
SUBDI,V,ISION/7PliA•T.' AP,P,ROV,AL; ! for Subdivision Plat Approval", and
ITdiT0 . D-"VfRTICLEI, !"E 'BY Article II, Para presently develop only a par-
AMEND
q*PARpGRXnPHt/4�in - graph A, , sub-era- tion of the total area In.
T,OhCUJIDE- AS graph 1-b (3). Paragraph A, uh parr= tended for development. the
Sit TICLENAROUNDS; agraph 2-a, Paragraph B, sub-para-
TO-AMEH3REFE ICLE_N G=5 AND graph 2, Paragraph B, sub-para- Planning Commission shall
G-6aWITHOREFER THS,,A O •lCUL- require Preliminary plat in-
DE-SAC
TO-
graph 36 Paragraph B, sub-para- proved for the entire area in-
TICLE RADII; TO AMEND, AR- graphs 6 and n ed and the same tended for development to
are hereby amended to read se. tot- insure that the purpose
regula and
ANTE V„ G-2, AND CEO0 GUAR-
L love, raced: intent of these re uletiane
!Gs3, WITH)REF.ERENCEtT,OTGUAR- II. Procedure for Subdivision Plat are complied with, and a
'TION OrIN LIEUI ,OF• INSTALLA- Approval. (Opening para- final plat shall be required
TION( OF'!'IMPROVEMENTW'' TO graph) only for the portion of the
: RE END;IjAR¢ICI.VARikN, EWITH Two steps are. involved in flp- total area he portion
f the
es-
R;V E NDWA E,TO ,.VAHIANCES; TO Proval by the Plannin Commis- ent development, with addi-
E EN EINE ICISE'7?VL' H GR BY. soon of a new subdivision ,pro- tional Final Plat or Plats to
WWPTjl ,JRETERENCEP T GRAPH pass]: (1) preparation and ap• be required for other por-
WjIjTylF INI ±F,ERENCE;,,;T,Ot, NOT proval of the Preliminary Plat; tions or the rest of the area
iCHANGING A,, ,RECORDED 'PL'AT and (2T ,as developed.
UNIiESSAVA,CATEDoVlTDq!AMEND Preparation and approval
;VARIOUS"�ARTICLES BY SUBSTI- of the, final plat. (Application However, upon the approval
TQTING4 ,1' !SETBACK. REGULA= farms for . plat . approvals are of the Preliminary Plat, and
y available intheoffices . of the pending approve? of the
iT70NSLOR!A(ORDWANEES,':gFOR I Planning' Commission or of the Final Plat even for the areas
�MAJOFNSTREET, . PLAN,'.':; AND Building Inspector).
,FORtOTAER'PURPOSES` " ' If a division of land results in fl being presently developed.
VTA'IfEREASV'4a puliligsfiearing .was determination that is not asub- the Planning Commission
held before the Planning ,Commis- divison (under ArtcIe I, D-14, may authorize the issuance
'alon of the City of Fayetteville, 'A'r- to building t permits far such
kansas?bonnFebrua` t 16. 19W; for , A.,Definitions. ' and under Article V,
rY A., Variances) so that formal lots ni be determined by the
the ,(purpose>,• of,,rdiscussing4certain , plat approval procedure provided ono the PlanningCommission)
aoPrellam nn
amendments and eoriff7 s i the in this Article is not necessary, on Plat which are located m
Subtlivisibn 'Regulationh;Ordinance the Planning Commission may existing open streoci pra-
No, 12451 passed and approveil,Sep- require the property owner - to
tember 12� 196g#and p videtl such streets meet the
of d pub file with the County Recorder an minimum street width re-
.WHEREASanofiee of sold public informal plat of the area. on the
tiearin 1 setting forth the date, face of which the Planning Com- provide t of the subdCityivider
or
time, lace, 'antl• purpose of, hear- provided the subdivider will l
..aD� u- f mission Chairman and/or Secre-
ing..((a__ntl location _Jpiap4rfy!rwes tary shall sign the followingstate- dedicate his share eq the
published in :the Nbrf"est Arkan- land to meet the required
mint: 'Informal plat approved street width, and provided
sad Times. i newspaper of general this (date) in accordance with Ar- ' the subdivider will give
circulation in saidCity. ringmore,and title C A., Variances, of Fayette- written assurance to the
1�S�t1ays.,piioryto sal ngh hearing, and ', villa City Ordinance No. 1Ch as r-
-- .WHEREAS.' folloivng softl public amended". (Signature of Chair- Planning Commission that
heaiin'g;said !PlannlitBOuncil f the man el Secretary) he will proceed Wash due don
<ertiffeA v�the,-City Council of the A. Preliminary Plat. of his with the submission
@y aof�Fayetfeville. Arkansas, the of his Final Plat, (Sea Article
PS �_ - 1. Submission H. B•6, end Article IV, G)
fotlowmg7p�eiriendments to Ordi- b. Existing conditions B. Final Plat.
ijsnce Noj 1295, which . ere herein 3) Namesofadjacentsub-
«adopted divisions and owners 2. Copies of Final Plat
.a NOW THEREFORE. BE IT OR'- of adjacent parcels One (1) original drawing ani
DAINED HY . THE CITY COUNCIL white cloth-backed 100% news
.A of unsubdivided land, rag, water resistant,'OF THE CITY OF FAYETTEVILLE, I and evidence that ad- white
a SEC ONJ ' drawingpaper In India ink"and
fgSECTION;I. That Article I, "Gen- joining property own- five (5) Ozilld print copies at a
ars have had an op-
erel,; it ions
o, s II sub-paragraph
ub Paragraph be one hu one (1 inch equalling
Defimtions' ; sub-para ra h 7, be Pprtunity to see the
B D proposed one hundred she feet, 1f spice
antl idits 1,P ' ereby repealed: that sub- 2. Review by Planning tCommis- permits, on eh (1) 18" x23":
saraQiaphs ,7, and m de and the. aion. ! otherwise, one (H Inch eet.
dameoa`re' herebr amended' to read a..Approval or rejection. '� ling two hundred (200) feet.
asYlfollows;6to-wit: I Within ten (10) days after re-� 3. Information on Final Plat
,7.rPPrcel—An area under me view by the Plantain
'own`er' ship. mission, B Com- 1. Front building set-back lines
I91SubAivisiori-Any divIslan bf the subdivider; with dimensions.
:•,;a ' unplattV4 land or any re-aub- whether notified in -writing; 6. Planning Commission ApDrov-f
di"visidii"of'platted land within Plat is a the Preliminaryi al.
� • theWplVeing' area jurisdiction approved. In case (Second paragraph to be fol- .
the Plat is not approved. the
vgd4h'enSaiay or all of the follow- reasons for disc lowing by the sentence):
ing_ is .fnvolved: pproval shall (See Article IV, G., Guarantee
)I ile'whether immediate or be given yin writing. Failure in Lieu of Installation of Im-
- of the Planning Commission rovements. for other Final
{future:,- -
to act on the Preliminaryp
b) . The construction. of new Plat approval conditions. Also,
build I' 's (dwell] s or bust• 'Plat 'x'ithin sixty (60) days see Article II, A, 2. a., Approval
g� ng from the date. Of-appllcation or Rejection of Preliminary
.f,-. N nese a$uctures). - submission shelf be deemed Plat.)
eIo' of a new approval of the Preliminary 7, Recording the Final Plat
street obi the extemfon of Plat. A a o v a 1 of. the] Pursuant to Section 5c, Arkan-
? anT. exisfang street. . by" ttie
property owner when done "a Planning Law, Act IgE of
in conjunction twatt letthet, 1957, 'the County Recorder
sale or anew construchbn re shall not accept any plat for
ferrel It above. . However,a record without the approval of
_==..vthe d4ollowfng� xceptiotit the Planning Commission"
willbe - noted: Following approval by the
1). A 'division of land princi- Planning Commission, and ac-
'^ ^pally. for--agricultural, ceptance by the City Council,
pifr'poses into. -not more if the property Is located with-
. t`d'QftSaii%wo�ni6itibts or par-1 in the City, the original India
celsi and not iI .nvolving aink drawings of the Final Plat.
-- - new street.{sQU not be as specified above, also shall
deemed a subdivi9mn.11 be filed with the County Re- I
'(See.-Artlele V,-A. Vari. l corder by the City Clerk, at
'ancesl, the subdivider's expense. _ ,
SECTION 3. Thal Article Ill, ) - - City County)
Procedure for Lot-Split Approval, primary Thorough- - -
be and the same is hereby repealed. • fares 84' 120'
SECTION 4. That all references Secondary Thor.
to Lot-Split throughout Ordinance oughfares 70' 100'
No. 1245 be and they arc hereby re- Collector Streets 60' 70'
pealed. Minor Streets 50' 50' fRTH1NFST ARKANSAS, TIMES,
SECTION 5. That Articles IV I Loop Route 2 12
through VI be and they are hereby 6. Cul-de-sac anddead end [`� �
renumbered as Articles III through 'streets should be avoided ex- / tEGAI NOTICES- I » +
V, respectively. cept in caseswhere un-
SFrCTION 6. That where applica- usual topographic condi- and the same is hereby amended to
hie throughout Ordinance No. 1245, tions may make such streets I read as follows, to-wit:
the phrase"'Setback Ordinance" or necessary, Where such V. Administration.
"Setback Regulations" be and it is streets are permitted, they A.yVariances.
hereby substituted for "Major shall h a v e a minimum Whenever the tract to be
, Street Plan". length of 600 feet and shall subdivided is of such un-
SECTION 7. That Article III (for- be. provided with a vehicu- unusual size. shape or to-
merly
o-
mer
Article IV) Paragraph E. and lar turn-around with a Pography or surrounded by
Paragraph G, nub-paragraphs 5 and minimum radius of fifty such development or condi-
6, be and the same are hereby (50) feet unless, in the bonethat the provisions of
emended to read as follows, to-wft: opinion of the Planning these regulations shall re-
E. Grades and Profiles. ) Commission, the turn- sult in substantial hardship
4. On cul-de-sac streets where around may have a radius on the subdivider, the
turn-Grounds are involved, of not less than thirty-five Planning Commission may
the building set-back line (35) feet The dedication of r vary .or modify such re-
shall be figured from a then- right-of-way for all cul-de- quirements to the end that
retical extension of t he sac or dead end streets shall the subdivision may be de-
street line through the be extended to the boundary veloped consistent with pub-
turn-around instead of from of 'adjoining 1)roperty when- ( lie welfare and safety.
the outer edge of the turn- ever in the opinion of the "Agricultural purposes" re-
around Planning Commission it is ferrel to in the definition
G. Streets. - desirable to provide for fu- of a SUBDIVISION means
5. .Streets shall have minimum ture street access to adjoin- the use of major portion'
rights-of-way and surfaced ing property. - of the tract for horticulture,
widths,' as required by the SECTION S. That Article IV (for- nurseries, Orchards. forests
Major Street Plan. . as merly Article V), Improvements, and forestries, apiaries,
amended from time to time. I Paragraph G. sub-paragraph 2, be field crops, breeding or
These minimum widths shall i I and the same is hereby amended raisin 'livestock or poul-
be required instead of lesser ! to read as fpllows, ta�wit: try, rltl Ing stables, or oth-
widths, as provided by al ' G. Guarantees in Lieu of Instal- er similar activities.
Set-back Ordinance or .Set- lation of Improvements. - The question of whether or
I back Regulations, unless in' 2. Enters into an Agreement not the creation of onenew
the opinion of the Planning or Contract with the City. lot out of an existing parcel
Commission, the lesser. Set- If the subdivider chooses to , interferes with the future
back Ordinance widths are begin his construction pro- subdivision of the original '
acceptable. Widths now re- gram or to sell. lots within
parcel and/or the future
quired by the Major Street the subdivisionprior to the subdivision of the.surround.
plan nrn. installation of
the requiretl Ing land (as set out in the
improvements, he may en- definition of a Subdivision)
ter into a written agree- shall be determined by the
ment with the City, which Building Inspector; if more
shall include but not be than one lot (whether cre-
limited to the following con- Sled at the same time or at
ditions: different times) is involved
a. The final plat is other- this determination shall be
wise approvable by the by the Planning Commis-
Planning Commission, Sion.
b. The required improve- SECTION 11. That the last para-
ments shall be installed, if, graph in Paragraph G (relating to
all the improvements haves the fee for filing a Lot-Split
not been provided, within Plat), and Item c, sub-paragraph 1,
the period to be fixed by i .Paragraph ' H (providing that plat.
the contract. The terms of ting as filed for record cannot be
any such conditional Final changed unless vacated), both in
Plat approval shall be noted Article V (formerly Article VI), Ad-
on the Final Plat by the ministration, be and the Same are
Planning Commission before hereby repealed.
the Final Plat is filed for SECTION 12. That all ordinances
record; and when the con- or parts of ordinances in conflict )
ditions have been met, this herewith are hereby repealed, and
fact shall be noted by the this action being necessary for the
City Clerk on the original Public health, peace, safety, order.
recorded plat with his no. comfort and convenience withln
ration to be attested by the the City of Fayettevitle, Arkansas,
County Recorder. an emergency is hereby declared to
SECTION 9., That Article IV (for- exist and this ordinance shall be in
merly Article V), Paragraph G, sub- full force and effect from and after
Paragraph 3- ("Provides other as- its passage, approval, and publica-
surances'pertaining to site improve- tion.
ments'i):: be jand the same is hereby PASSED AND APPROVED this
repealed. 25th day of February, 1963.
SECTION 10:, That :Article V (for- APPROVED: JJ
merly Article VI), Paragraph A be GUY E. BRBWN, MAYOR
ATTEST:
GEORGE J. DAMS, '
City Clerk 8-1t-c