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Home My WebLink AboutOrdinance 1847 „ -. 3 . ” ' SHIPl� ycN cLl' iT LNrt .JLL °E1' u Ci ,, ,;IT CL'ciLt ORDINANCE NO , AN ORDINANCE AMENDING THE SUB - DIVISION REGULATIONS , ORDINANCE NO , 17509 TO PERMIT THE WAIVER OF PRELIMINARY AND FINAL PLAT REQUIREMENTS ; TO ESTABLISH STANDARDS FOR THE WAIVER OF SAID REQUIREMENTS ; TO AUTHORIZE NOTICE OF SAID WAIVER ; AND FOR OTHER PURPOSES , WHEREAS , a public hearing was held before the planning Commission of the City of Fayetteville , Arkansas on February 10 , 1971 , on proposed amendments to the sub - division regulations to permit the waiver of preliminary and final plat requirements , and WHEREAS , notice of public hearing setting forth the time , date , place and purpose of said hearing was published in the Northwest - Arkansas Times , a newspaper of general circulation in the city , more than fifteen days prior to said public hearing , and WHEREAS , the 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 amending the sub - division regulations [ Ordinance No . 1750 ] to permit the waiver of preliminary and final plat requirements . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Article IV , Section A . of Ordinance No . 1750 [Appendix C , Code of Ordinances , Fayetteville , Arkansas ] is hereby amended to read as follows : "Sec , A . Variations If the provisions of these standards are shown by the subdivider to cause undue hardship as they apply to his proposed subdivision , the city planning commission may grant a variance to the subdivider from such provisions , so that sub - ,---_ g DEED 824 FACE 584 MICROFILMED, DATE OCT 1 2 L% REEL. stantial justice may be done and the public interest secured ; provided that the variation will not have the effect of nullifying the in - tent and purpose' of this ordinance . In granting variances and modifications , the planning commission may impose such con - ditions as will , in its judgment , secure sub - stantially the objectives of the standards or requirements so varied or modified . Whenever the proposed subdivision creates only one new lot from an existing parcel , or platted lot or block , the Planning Administrator shall determine whether said division interferes with the future sub - division of the original par - cel and / or the future sub - division of the surround - ing land . In making said determination , the Planning Administrator shall determine whether the proposed division conforms to the official plans and regulations that make up the compre - hensive plan , including the land use plan , the street plan , access control , set - back regulations , the community facilities plan and the zoning ordinance . If • the Planning Administrator deter - mines that the proposed division will not interfere with the future sub - division of the original and/ or the future sub - divison of the surrounding land , he may waive the preliminary and final plat re - quirements of this ordinance . The Planning Administrator may waive the preliminary and final plat requirements for a second or third division of any part the original parcel if the Planning Administrator determines as aforesaid that the proposed second or third division will not interfere with the future sub - division of the original parcel and/ or the future sub - division of the surrounding land . Upon the waiver of the preliminary and final plat requirements as aforesaid the Planning Administrator shall prepare and , at the cost of - Z - DEED 824 PACE 585 the sub - divider , file notice in the Circuit Clerk ' s office that a waiver of plat requirement has been granted . In the case of a first or second waiver said notice shall further state that future sub - division of said parcel may require conformity with the provisionsof this ordinance . In the case of a third waiver said notice shall further state that future subdivision of said parcell will require conformity with the provision of this ordinance . " Section . 2 . That Article : V , Section D . of Ordinance No . 1750 [Appendix C , Code of Ordinances , Fayetteville , Arkansas ] is hereby amended to read as follows : " Sec . D . Enforcement ` In order to carry out the purposes of these regulations and to assure an orderly program of land development after the effective date of these regulations : No plat of any tract of land within the planning area jurisdiction of the planning commission shall be accepted by the county recorder for filing unless the plat has been approved by the planning commission . No . conveyenance by metes and bounds of tracts coming under the definition of subdivision without compliance with the applicable provisions of this ordinance or amendments thereto shall be permitted . This provision is aimed at preventing any attempt to circumvent these regulations by conveying by metes and bounds without taking the necessary steps for filing an approved plat . No . dedication of streets shall be accepted by the city unless the use of the adjoining affected land is shown ; if the purpose of opening the street is to make the affected land available for sale as a subdivision , the street may not be accepted until accompanied by the required plat . No . building permit shall be issued for construction of any building , no person , firm or corporation shall sell or offer for sale any lot , no water , sewer , gas or electric service shall be extended to serve any structure on any lot , nor shall any land be accepted for dedication by the county - 3 - D E 824 PAGE 558.6 .4. recorder unless : 1 ) The lot , building or structure was estab - lished before the adoption of this ordi - nance , 2 ) The lot is part of a subdivision approved by the planning commission . 3 ) A waiver or variance has been granted under the provisions of Article IV , Section A of this ordinance . " Section 3 . That all ordinances and all parts of ordi - nances in conflict herewith are hereby repealed and this ordi - nance shall be in full force and effect from and after its passage , approval and publication . PASSED AND" APPROVED this ay of , 1972 . APPROVED : MA R ATTEST : Qo CITY CLERK PEED 824 PACE 587 FILED - FOR 1L 4DFOR Rl= CORD - •72 JUe 26 Pik 3: 21 WASHING ION COUNTY ARKANSAS ALM CIRCUITLR CLERK CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE SfuJ.Now AIN 614e el . I , � City Clerk within and for the City of Fayetteville , � )LO-Ny Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the �� Fayetteville , Arkansas , �yi�-A'/..�G%u- NO . ( 6 '7 '! . therein set forth , /land the same, isas /iitt7 appears of Record in /30r0k , Volume �— at Page(s I hereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of 19 17 AO) STA � OY111 • //'�J / ��"••nn,M,•M,�• • I / GfiNS CITY CLERK DEED 824 PACE 588 �I . PIP I. CFRTIFICATE OF REQ f G : Cterk ` arid' r' iC 1"e Y. ttcville, r ,�_ f ,: ti a. ,r fore L•'-- Y i ;i'; rf1 ,t �;• , s .. - i of rc . MY r e -, .• i:til V ; )o4: ' 11 :!:e ` pearsof U - " 1.1 `.., 4-1035 Tny hand and se^.1 t'11'SIP —�� City Clerk and a' 4 .,ft J . ,0F RECORD . • Yj' ` STATE OF ARKANSAS ) `4 I Q, � Washington County SS. , I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for JWa:hington County, do hereby certify that the annexed or fore. going inn�nnt was filed for reco ra in my office on t!cN26 d7y duly rewrder� in —_R : ; ,; �� t F•- 13[oc- ALMA_ ALLMUd C: r• Pit C'.crk and f % -G mo "corded By D oty Clerk AN C.11K- the �1 aT AND; YM =NJ STATE of ARKANSAS 1 IIV! a' aam County of Washington 109' YOIt- '1.a Pablo • ' w. of s I, -- q. su say, �.. " ff' �.'^+W� _ hereby certify that I to am tbli�her of TIE NORTHWEST ARKANSAS TIMES, a dally lies Ur final Plat 4 ale & soli newsphaving a second class mailing privilege, and being not less than wmsaW loses of wbue' hane� lour pages of five columns each, published at a fixed place of business and at setting forth Val time, dale. plop aim' wrpMe d Y Rearing was puhllei a fixed (daily) intervals continuously in the City of Fayetteville, County of to Ne NMowgse Arkansas Tinea, a Washington, Arkansas for more than a period of twelve months, circulated newspaper o1 Omni MnWauo is an city. more Via nfuen der• peer 'w and distributed from an established place of business to subscribers and .•le wbtm , thathearing. lroe `• readers generally of all classes in the City & County for a definite price for 1d ounimg, W and ng Mid Oa�eg hearing. wt auming commission each copy, or a fixed price per annum, which price was fixed at what Is tied a Ne sone M Ditecmr• M tb M Fayetteville, Arkmates. w considered the value Df the publication, based upon the news value and menaenon Nrt as ordaance he - service value 1t contains, that at least lift amending the sasMvwa M Is - y percent of the subscribers YOniMner No. rM W MM]t the thereto have paid cash for their subscriptions to the newspaper or its agents M fmisnu.n spa Tina gat epsilon or through recognized news dealers over a mMa. 6 period of at least six months ; NOW. TIEDRX 'ORD, Dad rr Bei. and that the said newspaper publishes an average of more than forty percent DAINED BY "M BOARD OF' TORR OF TNt QTY OF FA news matter. VILLE. ARKAN1Aa: section 1. That Aruele Iv. anthem+' ° I further certify that the legal notice hereto attached in the matter of M Ordumm No. 1790 (AapMetx . Code M Ordinances, FayMlevlKl, mnsao is hereby amended to Oil as follows: .. fR so •,Reef th A. Vaeabas Lf.e��a..a...�e..-.<--G•Cr-.....-C I. ter! provisions M then! • -_ .._. ....--...—...._________._._ •m shown by Me subdivider to / Prone Proposed suNro .o mer apyr u W was ublished in the re ular daily Issue of said newspaper for_. . unit" h rdshipl as they his ate DIan bt,' P g - - - ---. - sommuslon may grant a "running R cenReent'twe insertiondas follows : the sukdivider front such pevlski so that Mblanlial lusher mar be done and the Public interest »and: The first insertion on the _ da of 19_. l provided that the vartabaa to tat - -' _ Y ""------ --- bye the effect M nullifying the lop lent ane Purpose r ab oAndMw. the second insertion on the ___ 19 . .._. In it persons vena tern and day OP _._....._. -.__ rations, the Planning enntmkesio impose quell (oneilwna as will, In ludgmenb secure anbrmill the third Insertion on the __ day of __________.._... 19..___ nhjnYivin M the standards or mend so "rim pr maNl•d. Whenever me pmwsed and the fourth insertion on the - day of ______-_------_._ 19----- atv we new lot from an faith¢ a rcel,future or platted IM M' � 1 the Planning 'Administrator NW pa terminal whether Mid divhsim this will the el and/or Mbdivihe ut re dial oral suthe g fan division M the surrounding IMe. . making Mie determination, the Sworn to and subscribed before me on tits ._.. day of whether Administrator shall dell whetbr tb proposes eisltan tonna b the make a plans and at"latop that mein uD the tyre the pian. Including the lana rrM -- --------- --. -- ._ ._:[nuc-qr,..__...._. ar street piens sherf"s control. uno nilV//A beck regulations.Plaand lir oing am urn rihhre pen and the arning am If the Planning Adminbhator• --_..-----_-__.._--_...-.._- - - ------------IN�R� mines that Pte proposed ehvlslon Notary bile not intention with the future on slml M Ne anginal ane/or thin subAivieift M lb surramding he may waive the preliminary and My Commission Expires : Plot rpPlr ling! M this fordlim abrot oor The he preliminary naryAdniand fi ' waive the s for herr aim final � 2 divas mind for a senile all w-may--- if Cher M MY ort the ortattel er t the it ar n MatM e aeon o third division Nat Ne p aero or Nice Moire will oat la Fees for Printing __....._ ;...... fns will the mon Nib aiviaia al Me on the ang serd. t And al pled irreyuiearmiat ause s ithn�re- Cost of Proof -......_.__ i...........__..-------. Mid the P18MJU Administrator Pun prepare fit at the cone he the sob ;..i�..�7.�s divider, fol! Males w the plat TOW .._....--.-.... L.. Z. Clerk's endo lbs n waiver M pal rryulre A bio been granted, r Ne none M • l * for .came wads f tare notice ebil Rimer pale Net future quint ix o M Mid Mrtl may rv- truire mnbrtnity Pula the pmylai M adIn tit a third waiver sets nMgw o " inciter state that future cubalvmsnot M yia ferrel will fume aonformai wile the pro Viem M Nia wtlmnnce V wMdlm ti That Article iA pemix D. M nre.noua Rr. !}511 , Appille, 1•. .onsrMe , Oramanns. Fa . ean'dln Ar- e nrrrM amended to rens aq ' Inflow. "gap. D. FaJOre t N order W ire' Opt We per- paaes of thaat rwalalfcaa am b aF ahhrw y ardgrb pristrns .K IYd do seWpiiiilgat of r the Iflecllia dab of er �jrr WithlIF pDYdl pt4 at il�1��bef the Apadlrrlm IWI �a aP dapted by the MAY recorder for filing unless the plat hes been are proved by the planning commission. No conveyance by metes and bound$ of tracts corning under the definition of subdivirion without cvrnpllarae with the applicable proelebna of this prdlnanee or anlerldmMle therein shall be permitted. 11119 provision is aimed at preventing any attempt to circumvent then regulation by Con- veying by melee and bends without taking the ueveasary steps for haling an approved plat- Ne dediealim of streets Shall ha ac cepted by the city unless the use d Ne adjoining affected land l9 shown; if the Purpose W opening the street Is to make the affected land available for sale u a wbdiviskii. the street may not ha accepted until sCemopa- nied by the reeulred plat. No building permit shall ha issued for construction or anv building, no Iery son, firth or corporation shall Belli or offer for sale any lot, no water. ) sewer. gas or electric service shall) be extended to serve env struclurt on any lot. nor shall any land be oral erpted for dedio tion by the couri recorder unless' 1) The lot. building or structure was established beton the adoption of . this ordinance. 1) The lot Is part of a subdivision ) approved by this planning corn- missim. g)A waiver or variance has been granted s 14 ery fa liApof this e 'iis ordi- nance." Seetlon 3. ns1 SII ordinanms and all parts or ordinances In conflict herewith arc hereby repealed and this ordinance shall be in full form and effect wPWo and after its passageapproval and. publication. PARSED AND APPROVED this 17th day of January, 1972. APPROVED: JOE FRED STARR, Mayer ATTENT: HPURMAN MAORET. ' Acing Pty Plerk I ifr