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HomeMy WebLinkAboutOrdinance 1661 _ tILFD FOR RECORD 1969 APR 14 PP 1 : 05 ORDINANCE N0 . 16 ! WASHINGTON RK ALMA CKOLLLMEYYER AN ORDINANCE TO CONTROL DEVELOPMENT OF LAND ABUTI" IY&FfROLLED ACCESS HIGHWAYS AND PROVIDING FOR ACCESS THERETO . Be it ordained by the Board of Directors of the City of Fayetteville , Arkansas : SECTION 1 . DEFINITIONS . For purposes of this ordinance , the following definitions are established : a . Controlled Access Highway - - Any state numbered or United States highway designated by ordinance as a controlled access highway . All or portions of highways within the planning jurisdiction of the City of Fayetteville may be so designated . b . Service Road - - A street or road parallel to a highway and separated therefrom by a curb or median strip or other physical barrier . C , Development of Land - - Any activity in connection with land which involves one or more of the following : ( 1 ) Application for a building permit ; ( 2 ) Subdivision of land ; ( 3. ) Extension of utilities ; 4 ) Dedication of easements , streets , or right - of - way . SECTION 2 . PROVISION OF DEVELOPMENT PLAT BY DEVELOPER . Prior to the development of any land which abuts a controlled access highway , the Developer shall submit to the Planning Commission a plat showing the boundaries and legal description of the property to be developed , including the location of the right - of - way of the controlled access highway , the location of any existing access into said highway , and the location of a proposed service road extending along the entire boundary of the property abutting the controlled access highway . SECTION 3 , APPROVAL BY PLANNING COMMISSION . The Planning Commission shall approve or disapprove the Development Plat within thirty ( 30 ) days after its submission , subject to the requirements set forth in Section 4 of this ordinance . If disapproved , the reasons for such action shall be recorded in the minutes of the Planning Commission and these reasons shall be transmitted to the Developer in writing . The standards for approval of the Development Plat shall be : a . Provision of a service road , constructed to the specifications of Resolution No , 10 - 61 , Sept . 11 , 1961 , as amended by Resolution 7 - 65 , Apr : 269 1965 and Resolution 10 - 65 , MICROFILMED . l . DATECC�1978 DEED 756 PAGE350 July 6 , 1965 , with a fifty - foot wide right - of - way extending across the frontage of the property to the property lines which intersect the right - of - way of the controlled access highway ; provided , however , that a service road may be constructed on state highway right - of - way to the published standards of the Arkansas Highway Department and acceptable to said Highway Department. The service road shall be provided at the expense of the Developer . b . The service road will connect with and join similar service roads constructed on adjacent property . The Planning Commission may reject a Development Plat on the ground that the proposed service road is located in such a position as to incur substantial difficulty for adjacent property owners who may seek future development to locate future segments of service road in accordance with the overall objective of having a completed service road which has a minimum of curves , jogs , or offsets . C . The service road ( unless constructed on state highway \ right - of - way ) and any property between it and the right - of - way of the controlled access highway shall be dedicated to the City of Fayetteville upon completion and acceptance . d . The Developer shall agree , in writing , that at such time as the service road located on the property to be developed intersects with a street or highway intersecting the controlled access highway ( taking into account other service roads .continuing from the property lines to the intersection ) any existing direct access into the controlled access highway will be closed ; provided , however , that if the property owner feels undue hardship would be caused by closing of the existing access , he may petition the Planning Commission for an exception to permit keeping the access open . The hardship referred to in this section means such excessive distance from the nearest intersection to the property , along the service road , so as to substantially interfere with the use of the property . SECTION 4 . INSTALLATION OF SERVICE ROAD . The Development Plat may be approved prior to the installation of the service road if the Developer enters into a contract with the City or Arkansas Highway Department for construction of the service road , or deposits a cash or performance bond with the City in an amount equal to the estimated cost of the service road as determined by the City Engineer ; upon satisfactory completion of the service road , the Developer may withdraw any deposits made . SECTION 5 . 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 . - 2 - DEED 756 PAGE351 PASSED and APPROVED this day of 1969 . APPROVED : 'G�CATD MELT N , R . Y R ATTEST : MARILYN MORE5 CITY CLERK 0EED 756 PAGE352 CERTIFICATE STATE OF ARKANSAS CITY OF FAYEITEVILLE I , OLIVIA KELLY, 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 Fayetteville , Arkansas Ordinance No . 1661 , therein set forth, and the same is as it appears of .Record in Ordinance and Resolution Book, Volume 1 , at Page 1 . thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this 21st day of September , 1982 . City Cier SHORN TO AND SUBSCRIBED TO BEFORE ME THIS 2�day of 1982 . Notary Public My Commission Expires : CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , MARILYN MOORE, 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 Fayetteville, Arkansas, (wr2„ IPJ oo5d ///.n , Il 6 f , therein set forth, and the same is as it appears of Record in 16�4e t� � Ra, ,, ,Volume at Page � thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this �'y t day of ,' � .� dry• + . i a of ^''� . 44% ITY CLERK ` R t DEED 756 PAGE353 Wd � . , CERTIFICATE OF RECORD STATE OF ARKANSAS ] WnshinC-ton County ] SS. , I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio ReCorder for: Washington County, do hereby certify that the annexed or��f$re- goingins rumen g( was filed/"ff r record in my /office on the /I/day din ,1p At �',:Iock rfA, and the same is duly rec rded in�dJ/O record at aga0 Witness ray hand and seal this i5day of i7 ALMA KO Circuit Clerk and Ex* Officio co d _. . .. . .. ., By D Clerk I 1pphicalmn Mr a mlldi"ll normo _ I squilviliOn of IMI : • F.at,n•on of ulublies; pit Deonkoon a etsemenls, streets, or n¢hKor-w"r. . • - cg,—pl"N 2. PROVISION OF DEV61. ne>tENr PIAT Rx DIINEWPF.R. Pit- SSCATE of ARKANSAS of tp the deReiowne"t-a 'any land which 98. al to a ouggraYW access hi0h1tIA1 . tht. County of Washington De loplr shall subsoil t t g Planning _ 1 rain UtiT to plea showing the noon- an a N6 Yq•1 de d. ninon a the prop Pit, to M developed. including the to ' cation Mtn! rigor a s.' or the con. I, _. . . �. - -____ ___ - -__.-_..__.____ hereby certify that I Polled eMYss Net the location a an rvlspng actts -nto said highway. am the ( eneral Manager) of THE NORTHWEST ARKANSAS TIMES, dna me extending of i pentirea boundary a daily newspaper having a second class mailing privilege, anal he halag n of me ring a mu rviceand being not of the property abutting me controlled less than four pages of five columns each, published at a fixed place of ac ( nlahw.>' uFbusiness and at a fixed vFog high 1 APPPOc "I, RY PLAN- (daily) intervals continuously in the City of lsdsP roMytlsglOS. Orr Planning Com- Fayetteville, County of Washington, Arkansas for more than a period n ,hall Apnm.e or it apo Poe the ne.ziolanrm plat warn 111,11% IN, daya of twelve months, circulated and distributed from an established place of ane, 11v aunt":.,inn, a,o,Ir„ to thr n- business to subscribers and readers generals of all classes in the Cit ,°„`.'dins n'R i,.`t a;:,np;rr d tilts ,don. & Count for a definite y y ria sn,dl act"”, Rhall he incurred In mp Y price for each copy, or a fixed price per annum, mingtr• of the Pis .ning Corrunlsalon am which price was fixed at what is considered the value of the publication, [alae reasons hall he hansinated to 1 based upon the news value and service value it contains, that at least fifty ' ssHN Nil laal PevelopelIn wilting. The nandarag' I�• t: TO (IONTRrt. Din•. App,msl a Me neyelopmeni Z, percent of the subscribers thereto have paid cash for their subscriptions .:S::r OF Ln3P aBL171NG" h!, to the newspaper or its a agents or through recognized 'ILLEP A C C F S R HIGHWAY& a w a a ervo:o lacca. g g gnized news dealers over a PRO % IDING Fort ACC78B, of �a1 a Apel fleet taloa "f- x1111+1- period of at least six months ; and that the said newspaper publishers an to. tian�f2, Kept- L 1�1 /t . boat ea In out Board of of- w� w 6, ' • ,i h a average of more than forty percent news matter. a the City of hY>'eaev Ill, AA- Reaau M Rri, 7 8, wi hh a l tin R 4p gfiY I further certify that the legal notice hereto attached in the matter of ON 1. OEFIrot tale For par- el sAffas W* Whl ill! lllltsaw dila ordnance. the fdlowlnF' vip. ofjfo ,w!nlcM"•fdXlk 11 1-a Ins are eAccesshfli way . 'the cdhllYl ]sl ay 'n Rolled Access Hlghwq — Y1i' eviaea. Iaws`k�lf. 'MaF ' • rule! roads ugapered or Cattail Rlatea, high- mU' �•�a n '�eq�yy—�Wri htghas ,,i"*d by ordinance as 11111 nsllewea to, standard,standard• -" - - - - -"-"--------- - ---/� — access hall All a' ii:t ti��''oo��- a the RrssnN Nawar In rim 1' it within the plsnapR ,tgYil- and ec•rmavii a 11W ajahwa.% Pena �' of the Cagy a Fe>eulville meet low, war fee at at aR be-I> was published in the regular daily issue of said newspaper for_____._.._..... designated. at Rma�e�Iew,venae of the Develon>� vel+�I "" consecutive insertions as follows: vitt Rod A atreet or reau N F!1ln���� W e hfnwq' and • *Nraled n me // Q m 1y a crib or mads. Mop or an 1 'p'a rd"" The first insertion on the L( - - da of !:deal ha a -. n nII C Q1�� re a nPvolop: - — - - -- Y elopmr I f lAnd -- Any aelivlit n t 1 1 �lq un acct the not ctinn with land which 1"vsives ped - b l In n ucn '.nore nr the follow ng pnsibon as t" incur substantial dig the second insertion on the __ __ _.__ day of -- --- ......___ -' for adl"rrnt prawt owners who m Reek locale deWfopment to locate tutu argraollis of service r i ; pt accordance the third insertion on the . ___ ___ _ ___ day of ------------- ---- __ with the overall objective a having C rwmplead advice mad wdYisebas a mis. int- a envyf., eaff or omega. and the fourth insertion on the _ -... - da f ... 1 e. The auirvirtitcurits- 1t1a Iwleof mautruct -----"- �on state highway rifht-ot-Ioor and lll••• ,,allAsss��'��. prOne 4lt' lkist941 It `ms's aQ rM`py $hall �IJI�s£ 'be dedicated to the i5t.e off tpa rvactr elle -------- _ 'l` ---------------- .00n' mn.hmtrcn Rita aarents"rr. . / SII- dd owl Sworn to and subscribed before me on this _ _/__- ___ day of ..._.__.. - - -------"Y--"-"------------------ ------- 19-4/r- ...7. Nota Public •, 1. My Commission Expires : -ion At B� G in. Fees for PrintingaC , da ,:nil Cost of Proof _ -- $______n_______ 'd asZ�C �� Total ----- $------------------ dr. or Ith ' 04 7th