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
