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Home My WebLink AboutOrdinance 3614 i ^ - IL '- CORD ' 92 UN P 56 IN' 0 Ir !.1 E Ifcc ORDINANCE NO . 3614 co D O r AN ORDINANCE REZONING THAT PROPERTY DESCRIBED _ c2 r^ IN REZONING PETITION R92 - 1 FOR A PARCEL r LOCATED ON THE SOUTHWEST CORNER OF SYCAMORE F_ C > co J AND LEVERETT AVENUE AT 1639 AND 1641 N . LEVERETT . _ Z 3 m mo e� BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITU 6 FAYETTEVILLE , ARKANSAS : M r+; c v, Section 1 . That the zone classification of the following described property is hereby changed as follows : R92 - 1 for the real property described in Exhibit "A" attached hereto and made a part hereof . From R- 2 , Medium Density Residential District , to C- 21 Thoroughfare Commercial District , subject to a bill of assurance , attached hereto as Exhibit " B" and made a part hereof . Section 2 . That the official zoning map of the City of Fayetteville , Arkansas , is hereby amended to reflect the zoning change provided in Section 1 above . PASSED AND APPROVED this 2nd day of June , 1992 . APPROVED : Bta / 6 r Mayor 1 a Re -recorded to correct legal description . 92 52005 ' 1 aon . dJl' In and r •4r.nor . R,,cord Boos, . Pa the loon. IN '.>..REDF, I have set my Fy,r,nto hand o^d affixed -he s:• Coors on rh;, data =oid mdicaled h. +on. Atmc• Ko!' -•eyer Cir, J. r and CFRMFICATE OF RECORD by `l SY Qr Arin:rcaq rr% s^ d;it, Uerlt and FF_ 3�'SV'i:pj,r+ .•erFy+ ri.., •�•ry �/ �tl. �. 1... • 1�:°^_� carpi' � r, > e.'.^,CG•.::n C7• k+Si" YB or rs:ort) In G e?I .F an [r,C se MA E ' i1C$rG f3rc.nm7ce 5c ReaniuLion broe _ s.t page. 4F'ifne� >�,y Fast:r� �_sd SfEl1 � _ --day or Cisy C'Se: aad ::-pffl�•io l:ecot+nier Exhibit "A" LEGAL DESCRIPTION Part of the Northwest Quarter of the Northwest Quarter of Section 9 , Township 16 North of Range 30 West of the 5th Principal Meridian , more particularly described as i follows : Beginning at the Northeast corner of said 40 acre tract and running thence South 87 feet ; thence West 180 feet ; thence North 87 feet ; thence East 180 feet to the point of beginning . Part of the NW4 of the NWk of Section 9 , Township 16 North , Range 30 West , described as beginning at a point 87 feet South of the Northeast corner of said 40 acre tract and running thence South 63 feet , thance West 230 feet , thence North 63 feet , thence East 230 feet to the point of beginning . 92 52006 § 4 ƒ ! ! ! { C $ � , ! o ! / ƒ } } } February 13 , 1992 Fayetteville Board of Directors - (piease UA.izw da" pt&4 to the Feb. 18, 1992 meeting) . My shop was built in 1961 at 1641 N . Leverett Street in an area zoned I , or industrial . By action of the City of Fayetteville , the zoning was changed to R- 2 in the early 1970 ' s . I have been forced to op- erate this business as a non-conforming business since the re- zoning . I remind you this re- zoning was done by the City . Now the City wants to improve Sycamore Street from Leverett to G.3r.Tand : Street . This improvement of Sycamore Street would effect my business in a big way . The proposed right of way ( S . side of Sycamore ) will take 16 . 5 feet inside my building , plus an additional 25 feet setback . This will call for the demolition of my business and taking away my liveli- hood and directly effect 22 other people . In anticipation of this , I purchased the lot and house just South of my business . The lot is 63 ' N . to S . and 210 ' E . to W . This additional lot , along with what will be left of my lot , would accomodate my business . To rebuild my business would require the removal of the house and the expenditure of about $200 , 000 . If this was done under the zoning as conditional C2 , the business could be operated as an automotive repair facility only , and no other type of business . This situation could and would cause undue financial hardship to me by effectivley reducing any prospective buyer to a very small segment of people . It is my opionion that rebuilding a structure with limited use would be very unwise on my part and thus forcing me out of my business and effecting the livelihood of my employees . I believe the City should unconditionally rezone this property to C2 to allow me to run my business as it should be and not decrease the value of this property as the conditional C2 zoning would surely do . Richard M . Mayes � � Cp, y°�A PUS / e N e PETTUS LAW FIRM 151 WEST, DICKSON P.O. BOX 1665 FAYETTEVILLE. ARKANSAS 72702 E. LAMAR PETTUS DONNA C. PETT .IS TELEPHONE (501 ) 443.2363 JAMES N. BINGAMAN TELECOPIER (501 ) 443-0390 DONALD E. WILSON May 26 , 1992 Planning Commission City of Fayetteville City Administration Building Fayetteville , AR 72701 RE : Rehearing Rezoning R 92 - 1 Richard Mayes Dear Commissioners : Mr . and Mrs . Mayes are willing to enter the following covenants if the parcels are Rezoned C-2 Thoroughfare Commercial , to-wit : 1 . Mr . and Mrs . Richard Mayes will not allow the property to be used as an establishment which distributes or offers for sale alcoholic beverages of any kind , 2 . Mr . and Mrs . Richard Mayes will not allow the property to be used for the operation of a night club , private club , or dance hall . Should Mr . and Mrs , Richard Mayes elect to sell the property at some future date and the prospective purchasers desire to utilize the property for the "prohibit purposes " , then such future use would require the prior approval of the Planning Commission . Respectfully submitted , aamarettus ELP/ksm EXHIBIT B 92 30948 •ad.. rrrr4c and ,.an county. _ �m this in- n my ofilce n4 OFo -ame is noW n . rho ockrc••ledgsment „oon it .record Book and thereon. . r:EREOF, 1 have pereant0 offis^d rhe seal of told - on tho dote Irjlmted mot► t, Ycr C and En-ouioo R'acord^^M ' ^ r �N STATE of ARKANSAS 1 County of Washincgton I, ` 1 . ,✓ - 1 ( l'll-�_Q hereby certify that I ORDINANCE am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper SAN ORDINANCEE REZOEZO ING THAT PROPERTY DE-N- having a second class mailing privilege, and being not less than folu pages of five SCRIBED IN REZONING columns each, published at a fixed place of business and at a fixed (daily) intervals PETITION :-R TE FOR A ' continuous) m the CI of Fayetteville, Cour of Washington, Arkansas for more PARCEL LOCATED ON THE h Y City Y County B SOUTHWEST CORNER of than a period of twelve months, circulated and distributed from an established place SYCAMORE AND of business to subscribers and readers generally of all classes in the City and County 1639 TT AVENUE AT , ' I s 3 9 AND 1641 N . . for a definite price for each copy, or a foxed price per annum, which price was fined LEVERETr. - at what is considered the value of the publication, based upon the news value and ser- BE IT ORDAINED BY THE BOARD OF DIREC- vice value it contains, that at least fifty percent of the subscribers thereto have paid TORS OF THE CITY OF cash for their subscriptions to the newspaper or its agents or through recognized news FaE v I L L E ' ARKANSAS: dealers over a period of a least six months; and that the said newspaper publishes an Seetlon '1. That the zone average of more than forty percent news matter. classification of the follow- ing described property- is hereby changed as follows: - I further certify that the legal notice hereto attached in the matter of R92-1 for the real prop- erty described in Exhibit "A" attached hereto and made a part hereof- From From R-2, Medium Den- sity Residential District, to was published in the regular daily issue of said newspaper for O_2. Thorounhfare Commer- consecutive insertions as follows: tial District, subject to a bill of assurance, attached hereto as Exhibit "B" and The first insertion on the day of A li�� . 19 made a part hereof. V Section 2. That the offl- the second insertion on the day of 19 tial zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the third insertion on the day of 19 the zoning change provided in Section 1 above. PASSED AND AP - and the fourth insertion on the day of 19 PROVED this 2nd day of June 1992. APPROVED: By: Fred S. Vorsanger Mayor ATTEST. Publisher / General Manager By: Sherry L. Thomas City Clerk EXHIBIT 'A' �� LEGAL DESCRIPTION Swom to and subscribed before me on this day of Part of the Northwest Quar- ter of the Northwest Ouar- ter of Section 9, Township 19 15 North of Range 30 West of the 5th Principal Meri- dian, more particularly da- ' scribed as follows: Begin- 62 („f ning at the Northeast cor- ' nor of said 40 acre tract N(Aary Public and running thence South 87 feet; thence West 180 feet; thence North 87 feet: thence East 160 feet to the My Commission Expires: Point of beginning. EXHIBIT m5m — Q/ —C) / .Mr. & Mrs. Mayes- are will- ing to enter the following covenants if the parcels are Rezoned C-2 Thoroughfare I Commercial, to-wit: j 1 . Mr. & Mrs. Richard Ff $ / 0CQ Fees Printing p Mayes will not allow the p property to be used as an establishment which distri- Cost of Proof $ C y butes or offers for sale al- coholic beverages of any ' /� 1 kind Total $ V �! 6 1992 2. Mr. & Mrs. Richard Mayes will not allow the ' property to be used for the �� FINANCE operation of a night club, private club, or dance hall. EPT Should Mr. & Mrs. Richard Mayes elect to sell the property at some future date and the prospective purchasers desire to utilize the property for the "prohi- bit purposes", then such fu- ture use would require the prior approval of the Plan- ning Commission.