Loading...
HomeMy WebLinkAboutOrdinance 1792 1 71 pFR - 9 F't� 3•. 01 ORDINANCE N0 . � 79a ,Ir�SIIIi�;Tphl Cu1O�J-J RKAI<SAS AN ORDINANCE AMENDING ZONING ORDINANCE NO . :, LL71 ��{1V Y NING DISTRICT MAP OF FAYETTEVILLE , ARKANSAS , APPM) 29 , 19703 TO REZONE CERTAIN PROPERTY FROM A - 1 , AGRICULTURAL DISTRICT AND R - 1 , LOW - DENSITY RESIDENTIAL DISTRICT , TO I - 19 HEAVY COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT , C - 2 , THOROUGH - FARE COMMERCIAL DISTRICT , R - 2 , MEDIUM DENSITY RESIDENTIAL DISTRICT , AND R - 0 , RESIDENTIAL OFFICE DISTRICT . WHEREAS , a public hearing was held before the Planning Commission of the City of Fayetteville , Arkansas , on March 2 , 1971 , and March 16 , 1971 , on a petition by A . W . Realty Company , requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville , Ark - ansas , that the Board of Directors enact an Ordinance rezoning , approximately 120 acres , presently zoned R - 1 , Low Density. Residential District and A - 1 , Agricultural Ihstrict , to I - 1 Heavy Commercial and Light Industrial District , C - 3 , Central Commercial District , C - 2 Thoroughfare Commercial District , and R - 3 , High Density Residential District , and WHEREAS , notice of said Public Hearing setting forth the time , date , place and purposes of said hearing and location of the property , was published in the Northwest Arkansas Times , a newspaper of general circulation in the city , more than fifteen ( 15 ) days prior to said public hearing , and WHEREAS , following said Public Hearing , said Planning Commission certified to the Board of Directors of the City of Fayetteville , Arkansas , its recommendation that an Ordinance be adopted rezoning portions of the property presently zoned R - 1 , Low Density Residential District , and A - 1 , Agricultural District , to I - 1 , Heavy Commercial and Light Industrial District , C - 2 , Thoroughfare Commercial District , R - 2 , Medium Density Resi - dential District , and R - 0 , Residential Office District . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . That the following described property , which is presently zoned R - 1 , Low Density Residential District , be and the same hereby is , rezoned to I - 1 , Heavy Commercial and Light Industrial District : A part of the SW 1 / 4 of the NW 1 / 4 of Section 25 , T - 17 - N , R - 30 - W , and a part of the SE 1 / 4 of the NE 1 / 4 and a part of the r MICROFILMED DATE 3 2 1918 401 REEL�,141r..- DEED 805 PACE 447 2 NE 1 / 4 of the SE 1 / 4 of Section 26 , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Beginning at the SW corner of the NW 1 / 4 of said Section 25 ; thence S 67 ° 30 ' W 460 feet , more or less ; thence South 230 feet , more or less ; thence S 84 ° W 300 feet , more or less ; thence North 650 feet , more or less ; thence curving Northeasterly 6S0 feet , more or less , along a 4 ° 18 ' curve ; thence S 46 ° E 470 feet , more or less ; thence South 200 feet , more or less , thence West 1.40 feet , more or ' less , to the point of beginning . SECTION 2 . That the following described property which is presently zoned R - 1 , Low Density Residential District , and C - 2 , Thoroughfare Commercial District be , and the same hereby is , rezoned to C - 2 , Thoroughfare Commercial District : A part of the NE 1 / 4 of the SE 1 / 4 and a part of the SE 1 / 4 of the NE 1 / 4 of Section 26 , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Beginning at a point 750 feet West of the SE corner of the SE 1 / 4 of the NE 1 / 4 of said Section 26 ; thence North 210 feet , more or less ; thence curving Southwesterly along a 4 ° 18 ' curve 4S0 feet , more or less , to a point on the Easterly right of way line of U . S . Highway 71 ; thence S 0 ° 46 ' E 240 feet along said right of way ; thence S 7 ° 46 ' W 202 . 2 feet along said right of way ; thence S 0 ° 46 ' E 175 . 3 feet along said right of way ; thence N 84 ° E 538 feet , more or less ; thence North 440 feet to the point of beginning . ( Tract 1 - A) SECTION 3 . That the following described property which is presently zoned R - 1 , Low Density Residential District , and A - 1 , Agricultural District , be , and the same hereby is , rezoned to C - 2 , Thoroughfare Commercial District : A part of the NE 1 / 4 of the NE 1 / 4 and a part of the SE 1 / 4 of the NE 1 / 4 of Section 26 , T - 17 - N , R - 30 - W , and a part of the NW 1 / 4 of the NW 1 / 4 and a part of the SW 1 / 4 of the NW 1 / 4 of Section 25 , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Beginning at a point 535 feet East , more or less , and 50 feet North , more or less , of the SW corner of the NW 1 / 4 of the NW 1 / 4 of said Section 25 ; thence curving Northwesterly 1204 feet , more or less , along a 3 ° 42 ' curve ; thence N 33 ° W 260 feet , more or less ; thence Northwesterly 403 feet , more or less , along DEED 805 PAGE 448 3 a 11 ° curve to a point on the Easterly right of way line of U . S . Highway 71 ; thence S 0 ° 46 ' E 205 . 9 feet along said right of way ; thence S 40 ° 40 ' W 113 . 4 feet along said right of way ; thence S 49 ° 50 , W 181 . 2 feet along said right of way ; thence S 3 ° 49 ' W 125 . 4 feet along said right of way ; thence S 1 ° 41 ' W 700 . 7 feet along said right of way ; thence S 0 ° 46 ' E 400 . 0 feet along said right of way ; thence S 10 ° 33 ' W 204 . 0 feet along said right of way ; thence S 0 ° 46 ' E 560 . 0 feet along said right of way to a point which is 115 feet North of the South line of the NE 1 / 4 of said Section 26 ; thence Northeasterly 1100 feet , more or less , along a V 18 ' curve ; thence N 43 ° E 150 feet , more or less ; thence Northeasterly 960 feet , more or less , along a 0 ° 50 ' curve to the point of beginning . ( Tract 2 ) SECTION 4 . That the following described property which is presently zoned A - 1 , Agricultural District be , and the same hereby is , rezoned to C - 2 , Thoroughfare Commercial District : A part of the NE 1 / 4 of the NE 1 / 4 of Section 26 , T - 17 - N , R - 30 - W , and a part of the NW 1 / 4 of the NW 1 / 4 of Section 25 , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Beginning at a point which is 170 . 0 feet South of the Northwest corner of Section 25 , said point being on the centerline of Stearn Road ; thence South 484 . 6 feet ; thence East 500 . 0 feet ; thence South 575 . 0 feet , more or less ; thence curving Northwesterly 1204 . 0 feet , more or less , along a 3 ° 42 ' curve which has a radius of 1550 feet ; thence North 33 ° West 260 . 0 feet ; thence Northwesterly 403 . 0 feet along a 11 ° curve which has a radius of 525 . 0 feet , to a point on the Easterly right of way of U . S . Highway 71 , said point also being on the center - line of Stearn Road ; thence East 935 . 5 feet along the centerline of Stearn Road to the point of beginning . (Tract 3 ) SECTION 5 . That the following described property which is presently zoned A - 1 , Agricultural District , be , and the same hereby is , rezoned to R - 2 , Medium Density Residential District : A part of the NE 1 / 4 of the NW 1 / 4 of Section 25 , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Beginning at the SE corner of said NE 1 / 4 of the NW 1 / 4 of DEEB PAGE 449 4 Section 25 ; thence West 1233 . 7 feet ; thence North 1320 feet to the North line of the said forty acre tract ; thence East 1233 . 7 feet ; thence South 1320 feet to the point of beginning . ( Tract 3 - A) SECTION 6 . That the following described property which is presently zoned A - 1 , Agricultural District , be and the same hereby is , rezoned to R - 0 , Residential - Office District : A part of the North half of the NW 1 / 4 of Section 25 , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Beginning at a point which is 1400 . 0 feet East and 654 . 12 feet feet South of the Northwest corner of said Section 25 ; thence South 642 . 68 feet , more or less ; thence West 580 . 3 feet ; thence curving Northwesterly 318 . 0 feet along a 3 ° 42 ' circular curve having a radius of 1550 feet ; thence North 575 . 0 feet , more or less ; thence East 900 . 0 feet , to the point of beginning . ( Tract 3 - B ) SECTION 7 . That the following described property which is presently zoned A - 1 , Agricultural District , be , and the same hereby is , rezoned to C - 2 , Thoroughfare Commercial District : A part of the W 1 / 2 of the NW 1 / 4 of Section 2S , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Beginning at a point 111 . 07 feet West of the NE corner of the SW 1 / 4 of the NW 1 / 4 of said Section 2S ; thence West 370 feet , more or less ; thence Northwesterly 318 feet , more or less , along a 3 ° 42 ' curve to a point ; thence Southwesterly 4SO feet , more or less , along a 0 ° SO ' curve ; thence S 61 ° E 320 feet , more or less ; thence East 640 feet , more or less ; thence North 460 feet , more or less , to the point of beginning . (Tract 4 ) SECTION 8 . That the following described property which is presently zoned A - 1 , Agricultural District , and R - 1 , Low Density Residential District be , and the same hereby is , rezoned to R - 2 , Medium Density Residential District : A part of the S 1 / 2 of the NW 1 / 4 of Section 25 , T - 17 - N , R - 30 - W , and a part of the SE 1 / 4 of the NE 1 / 4 of Section 26 , T - 17 - N , R - 30 - W , Washington County , Arkansas , being more particularly described as follows : Di EC 805 PASE ` 50 5 Beginning at a point which is 98 . 93 feet East of the SE corner of the SW 1 / 4 of NW 1 / 4 of said Section 25 ; thence West 1288 . 6 feet ; thence North 200 feet , more or less ; thence N 46 ° W 470 feet , more or less ; thence N 43 ° E 150 feet , more or less ; thence Northeasterly 510 feet , more or less , along a 0 ° 50 ' curve to a point ; thence S 610 E 320 feet , more or less ; thence East 640 feet , more or less ; thence North 460 feet , more or less ; thence East 210 feet , more or less ; thence South 1321 feet to the point of beginning . (Tract 5 ) SECTION 9 . 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 . PASSED AND APPROVED this �5A day of 1971 . APPROVED : CCC- A �\a 1ATTESI�� M L `�fY • +4 d � : N CITY CLERK DEED PACE451 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , LOVETTA NOORE , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true andicorlrect copy of the Fayetteville , Arkansas , (1066; _ (F0 . �%� , � � 7 � therein set forth , /and the same is as it appears of Record in . ait4pC0t� QoN� ��iC11 . J�Y?I� > Volume at Pages thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this / day of 19 CITY CLERK i DEED 805 PAGE 452 CERTIFICATE OF RECORD State of Arkansas I SS City of Fayetteville I, Suzanne C. Kennedy, City Clerk and Ex-Officio recorder fortteCity of Fayetteville, Uo hereby certify tlr.t the a;;ne,led or fore- going is of record in my oFice a^d the Same ap- pears in Chdinartce C R.solut: tion book 00 ut —at }}e,^,e—SL -�. Witness my y hand and =-is day of —, 19 ;i r -i:) Recorder : c bra... CERTIFICATE OF RECORD "M OF AR%ANSAS S hSS. .• County � 4A3na L Kollmeyer, Circuit Clerk and 6 lbum -Officio Recorder for " + Y. do hereby certify that the annexed or fore. aftkftvmen was filed for recd d in$'recorded ii my office on g day bt-3'—�o cloc�M, and the same l o p me is record �s my hand and coal thi may of '��Paf;e • .Circuit Or By cio Recorded eputy Clerk u It' aNIF Nn. Im : ,sot AMENDING PONINO � l`Y. No. 1717 sVn ZONING . . 1 ,; ynT` OV !' \ ` FTTFVILLF.. si'rl:oA', ] , I '.1NE (1197tt . I P'Ir15 PiOPFRTY • � ... • T r " STATE of ARKANSAS 1 F tV ah , T Rre♦ 18s. 1 I County of Washington m`n1ERE .t; p 1' lisin.�' .F.x+ G I, __. qe _--____-_ hereby certify that I held e P blic hbefore the Planning Commisshw of the am the ( enefal Mana ) of THE NORTHWEST ARKANSAS TIMES, oty of Fayetteville, Arkansan. on :\Jars-0t a daily newspaper having a second class mailing privilege, and being not 1g71. and March 16, 1971, on a Tell. ''.. taw by A. W. Ready company. request- less than four pages of five columns each, published at a fixed place of Inc that said Planning Commission uer- business and at a fixed (daily) intervals continuously in the City of iommend to .e Board a Dtaet'lora of the nty of Fayeaev'dle, Arkansas, that the Fayetteville, County of Washington, Arkansas for more than a period Hoard of Directors enact an ordinann rezoning approximately 126 sores, Pre of twelve months, circulated and distributed from an established place of , font toned Rd, Low ATir uy Reside business to subscribers and readers generally of all classes in the Cit ' tial Distrltt end A-1, A¢rlalturnl Dit g y y ' It, :et. h) 11 1laesy commerretal ai l & County for a definite price for each copy, or a fixed price per annum, I Licht L,doslrial District. C1. Cess Commer,h9l nistriM C-2 Tiorw¢hate which price was fixed at what is considered the value of the publication, R,mme si el District,Dia and Rs. High n- based upon the news value and service value it contains, that at least fifty soy Residential ict, and. and DeP y WHEREAS, naive a said Pubrc hens1 percent of the subscribers thereto have paid cash for their subscriptions mg setting forth the time, tate. Plafll and purposes of said heAratg dnaIo- , to the newspaper or its agents or through recognized news dealers over a Baron of the pmPertY, was puts,,len inI period of at least six months ; and that the said newspaper publishers an the Northwest Arkenaalr Tlmrs, a n . xs- I P er p p paper or general ri¢¢alalion n the Tit. , l average of more than forty percent news matter. more than fifteen ,(18) dayf Drlm to said rel hearing, and I I further certify that the legal notice hereto attached in the matter of WHEREAS. following 614 Pail Hear- i Ing. said Planning Oprshadvaon rertlrod , to the Board a Directors trf Ne Ole of Fa% ettevine. Alessithat . itis recom- I menaeron An tSriltnsaw W adopted l Q. `77si_______-_ harming portions of tke ,pfoperly Pres- mildly res ------------------__�---- �_-____ mildly armed $d, Low Otiosity 7tesiden- 1 tial District an¢ A-i, Agpaultanl •Dins tried, to 1.1, NaaYy, Cafrprgrcul end�i faro Cwas published in the regular daily issue of said newspaper for__ .. ught Industrial catemgt, l '4rroraligh-1 qpe insertion/ a8 follows: faael rwrnwm Distort. R-'I, Mfdlum. density Residential District, tied R-0, f4 ` Residential ' Off" District. .� Kom'. THEREFORE, BE " olsnlrNrm The first insertion on the ____—__ _ ____-___._ day of ___ __ 191 PS THE BOARD OF PIRIX7ORS OF . THE CITY OF FAYETTEVn.1.E, AR "(ANSAE: - the second insertion on the _________.------------------------ day of _________--__________ 19—_ OF('TION L That the following de- se land Proper¢, which is inewnhl ion. I ed a-1. 1.tw Plovdiv RHidental Cos- I the third insertion on the __-_-________ _ ___ day of .__________ Dot be and the same hereby is, TO- joined to i-i, Henry contra l and '. Licht Indpstrial District: > part nr the srVi of the Nw li a and the fourth insertion on the --- ------------------- day of --------- -----------— 19__. Ne lhm :',. T.1;-N. R-30w, and a hart ofthe ,".: 14 a the NF. % and a park in( IT : E 14 of the SE IT of sent* 's1 ; Y, R.1 w. wasidnB{en C,w¢ �_iZ"_Y[_]_._ `I r 'man, being more paieften ar I f I n10 in as follows: Beginning at the lb t ,iI ( ' • W d .the N14 .Mid See 110 14.� . Sworn to and subscribed before me on this -------------------- day of wore Or -------------- inore or less: thence 41 S feet, more nr less:. i18tR"aept''60i fret, more or tem"ItArk& ferMng 19 ::or.esalerly r'�I•'1!'e!1'hl!'F�Ins. - __— ---____—_____--_ —_�. aP•ng a 40 IR turn; t11bR 8 46• P; 4911 feet. mon trc Is": taesee South YR) lent, more orween t \a feet, more or ll.nt of —`�--_--------fa=- -*-=s�� -----------V "" �� bridimmo¢. Notary blic SE(MON Thal Ike Nihed propgly %men ICRIMkra R-1, Lox_DrTai . t . Therrodistan - namcll Commission Expires : The, end the same M 4 'R,ION m to ' a 1roucltla A r'ommeniel District. A pert a the NE sib. of t8e aE 14 -- --- /A )1Z dad n p _of lire s - 41a NE h- _ _ . ___—_. LSy 3. T-IT t R-3P1►, Weare 1 - Artga•an, eb�i�tg� ❑oro U[� z 'ser of ti (ItM a of the Fees for Printing ' (f of said sof the he of the North fl g ---- $------------------- fe sold aectiw les theatx North 210 ng lest, more or nese: fgmll eitrwh,8 feeth more .long a d• p carne LW Cost of Proof _.___ $_ _ __ _ ____ feet, more or tang • point on the sp)derly OqM sa aY dine a U.S. n (/ pyq fiv 71; _ls 01 46• a NO reel Total --------— $-_--1C- T __ atceYr l2 right �d way: "neon s P° y' p1' a6d9 feet'1ilpne.!rei4 flight o[ I. way; PhAre S d 46` ^R fls.1 feet ) alo a mid Tight a wr h,ene9 N h SBS Pert, more m' less ; hence No - Nor. Mo feet to The Pint of begin- mint. 17•reCt 1-AI ni Beginning . . calarlY des,�IOed as follows: N • poral est H r Eese tloulh 5. BE1,11ON 8. � whi the following dsspeed Mithis Northwest bei comer M 6acUon a. m pmcerty which is presently zoned SKNI Road: helot a the in 404. be M A-1, tv Resider District, and Ran IUM thence Rad: Nma Bout 481.8 feet; Density Eby is,tlm District -2 and the um thence 4t. m 500.0 flet; hence BoaN same hereby is, retuned to : Metllwn Northwesterly west mon or leas: e, m or Density Residential Of the Nss, &1=9 a ]714.0 feet, more or A part of IDB 5 15 lI the NW 1; of rads abet • 10 em curve thence No tae a Section E T-rl-;4, RNE ' entl a IwH rtdbe M 17fe Ittt: ceN Notlh fly of the SE ;: of the as 4i of Section won40&0 Net long tllmin curve Which 26, Arkan , , Agin Washington 11wm 400.0 Net abet a Il• NM anoint de ribed Arkansas, peons mare ming It a an a radius M 176.0 r W b f nointU.S. point which as follows: let iosgnt el e a Nt L' t. sol +Isal M WAY of on point mer o is e S feet f N of the of the cot Tl, sold pub{ also Read; th ori FE corner of the th c of st +S 6 the tt935.5 f o[ alenr0 heIs thence ] feitl thelia ? ; thence West l'O3 or Feat am Seel alert the datf be. ' leep thence North W fee[, more m Of Steam Rad b we alnt of be- I less; thence e 4 W 410 feet. more ginning. timet 31 or less; hence N ort E erl feet more m 1e90 less, Northeasterly 5m feet, more or Ie alone a 0' S0' curve to a pomp then" t 610 E 120 feel Inurere her lean; thence Eeat 600 feel, more or less; thence North 460 feet, more or less: thence East 210 feet. more hor e less thence Bough 13MTm feet to the point of . beginning. net all @ntt 51 Of Ordin 9. lint all ordnfloct nceshere it pits oe Ordinances aces a camel to and ars herewith ere ll be resoled and this Ordand effce shell nd In NII } s r c , and effect d publication.and anter 1lt aasaHa, approval entl PASSED April AND "PROVED lora Rh dor of April, 19'!1. - AP 1, F. STARE, 148y or ATTES117: IgESr: VETTA \IOORE. City Clerk 1Ic 15