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 ----- $------------------
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