HomeMy WebLinkAboutOrdinance 1847 „ -.
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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
