HomeMy WebLinkAboutOrdinance 3821 FILFO FOR RECORD
37 SEP 26 Pfd 2 18
ORDINANCE NO . 3821 U ; l UO AR
AN ORDINANCE TO EXEMPT CERTAIN UNDEVELOPED
OR PARTIALLY DEVELOPED LOTS IN NON-RESIDENTIAL
SUBDIVISIONS WHICH RECEIVED PRELIMINARY OR
FINAL APPROVAL PRIOR TO 28 JUNE 1994 FROM THE
PROVISIONS OF ORDINANCE NO. 3806; ESTABLISHING
AN APPLICATION PROCESS FOR EXEMPTIONS ; AND
DECLARING AN EMERGENCY .
WHEREAS, certain owners and developers of non-residential subdivisions, have
commenced development and have developed real property along the Highway 71 By-Pass prior
to the enactment of Ordinance No . 3806, and,
WHEREAS, these subdivisions were designed, engineered, and constructed in part or
in whole, in compliance with then existing City ordinances and requirements; and,
WHEREAS, the preliminary and final subdivision plats have been approved and
accepted by the City, streets and utilities are under construction or have been constructed and
dedicated to the City and easements granted the City and utilities, all at considerable expense
to the owners and developers; and,
WHEREAS, in many cases lots have been sold and buildings constructed upon the lots
in compliance with the ordinances and requirements of the City existing prior to the enactment
of Ordinance No. 3806; and,
WHEREAS, to require the owners of lots within non-residential subdivisions which
have received the preliminary approval of the City and the existing platted and approved non-
residential subdivsions to comply with Ordinance No. 3806 places special hardship and a
financial burden upon the owners of these lots; and,
WHEREAS, certain such subdivisions and/or lots within such subdivisions have
restrictive covenants or have voluntarily offered bills of assurances that are consistent with the
purposes of the Design Overlay District for the U . S . Highway 71 Highway Corridor.
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . Undeveloped or partially developed lots in non-residential subdivisions
lying within the Design Overlay District for U .S . 71 Highway corridor which have received
preliminary or final approval as non-residential subdivision prior to 28 June 1994 are hereby
exempt from compliance with Ordinance No. 3806.
9'7065903
Page 2
Ordinance No. 3821
Section 2 . The following are hereby found to be undeveloped or partially developed
lots qualifying for the exemption set forth above:
a) Steele Addition : Tract 1
b) CMN Subdivision: Lots 3 , 57 6, 7, 9, 10, 127 137
11 , 147 157 16, 17, 18 and 19.
C) North Point Subdivision: All lots, Blocks I & 11 .
d) Point West Subdivision: All lots and properties in
Point West Subdivisions I , Il ,
and III with the exception of
Lots 1 , 3 and 4 of Phase 11 .
Section 3 . Owners of lots within non-residential subdivisions which obtained
preliminary or final approval as non-residential subdivisions prior to 28 June 1994 and not
included in the specifically exempted properties set forth in Section 2 above may apply for an
exemption to the Fayetteville City Planner. The City Planner shall respond to the application
in writing within ten ( 10) working days of the receipt of the application . The owner may
appeal in writing the decision of the City Planner to the City Council within ten (10) working
days of receipt of the City Planner' s decision .
Section 4. Completed development upon property subject to such exemption not in
compliance with the standards set forth in Ordinance No. 3806 shall be considered pre-existing
non-conforming structures.
Section . Nothing contained herein shall limit or prohibit property owners from
utilizing the variance provisions contained in Ordinance No. 3806.
Section 6. EMERGENCY CLAUSE. The City Council hereby finds and declares
that as a result of the current development pressures along U . S . 71 Highway Corridor, that in
order to protect the health , safety and welfare of the citizens of the City, an emergency is
hereby declared to exist and this ordinance shall be in full force and effect from and after its
passage and approval .
97065904
Page 3
Ordinance No. 3821
PASSED AND APPROVED this 9th day of August 1994.
APPROVED :
By :
red Hanna, Mayor
ATTEST :
By : 6&'L
Nn��
Traci Paul, City Clerk
fti,
97065905
r
BILL OF ASSURANCE
THIS AGREEMENT is made and entered into by and between George C.
Faucette, Rosemary Faucette, James E. McDonald , Judy L. McDonald , William C.
Martin , and Sabra Hassel Martin , (hereinafter called "Owners"), and the City of
Fayetteville, (hereinafter referred to as "City") on this 9fk day of August, 1994.
In consideration of the City's exempting Tract 1 of the Steele Addition , an
addition to the City of Fayetteville, Washington County, Arkansas, hereinafter called
"The Tract" from the requirements set forth in Ordinance No. 3806 of the City of
Fayetteville, Owners agree and covenant with the City to the following supplemental
restrictive covenants on The Tract.
(A) The tract will be developed to preserve at least fifteen percent (15%) of
the gross area as green space with said green space to include at a minimum four
(4) feet of green space between any street curb and the sidewalk and eight (8) feet of
green space along each side and rear lot line;
(B) The Tract will be developed with one tree to be planted or preserved for
each ten ( 10) parking spaces provided for in the development of the tract;
(C) No building which has an exterior of metal may be built on the tract;
(D) Any sign located upon the tract will be placed and located in accordance
with the sign ordinances in effect in the City of Fayetteville, Arkansas on the 8th day
of October, 1993.
In consideration of Owners' contracting with City to allow the City the
contractual right to enforce, as against The Tract and the owners thereof, the
provisions of this Bill of Assurance, the City of Fayetteville agrees to exempt The
Tract from the provisions of City of Fayetteville, Arkansas, Ordinance No. 3806.
After the effective date of an ordinance by which the City of Fayetteville,
Arkansas, exempts The Tract from the requirements of Ordinance No. 3806 and the
party's execution of this Bill of Assurance, the original of this Bill of Assurance shall
be filed and duly recorded with the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
Page 1 y7065906
IN WITNESS WHEREOF, the Owners and City have hereunto set their hands
and seals on this date.
7:,S:
. Faucett
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Jarqe4 E. McDon Id
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m C. Martin'
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Sabra Hassel Martin
CITY OF FAYETTEVILLE, ARKANSAS:
By: IZZAAP*4� `/
F ed Hanna , Mayor
ATTEST : /) �]
Traci Paul , City Clerk
` 0 : k0 .A
L4
Page 2
9'706590'7
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
} SS.
COUNTY OF WASHINGTON )
On this 9th day of August, 1994, the undersigned , a Notary Public, duly
commissioned , qualified , and acting ; within and for said County and State, appeared
in person the within-named George C. Faucette and Rosemary Faucette; to me
personally known (or satisfactorily proven) , who stated and acknowledged they had
so signed; executed , and delivered the instrument for the consideration , uses; and
purposes therein mentioned and set forth .
IN TESTIMONY WHEREOF , I have hereunto set my hand and official seal this
9th day of August; 1994:
otary Public - •
My Commission Expires:
F'
2-13-04
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
SS:
COUNTY OF WASHINGTON )
On this _9th- day of August; 1994; the Undersigned; a Notary Public, duly
commissioned, qualified, and acting , within and for said County and State, appeared
in person the within-named James E, McDonald and Judy L. McDonald , to me
personally known (or satisfactorily proven) , who stated and acknowledged they had
so signed , executed , and delivered the instrument for the consideration , uses, and
purposes therein mentioned and set forth .
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
9th day of August, 1994.
A4
otary Public
My Commission Expires. "
- - - - _2-13-04 -
97065908
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) SS.
COUNTY OF WASHINGTON )
On this _9th day of August, 1994; the undersigned , a Notary Public, duly
commissioned , qualified , and acting , within and for said County and State, appeared
in person the within=named William C . Martin and Sabra Hassel Martin ; to me
personally known (or satisfactorily proven) , who stated and acknowledged they had
so signed , executed , and delivered the instrument for the consideration , uses, and
purposes therein mentioned and set forth .
IN TESTIMONY WHEREOF , I have hereunto set my hand and official seal this
9th day of August, 1994.
otary Public
My Commission Expires-
2=13-04 _ _ ��� '•
ACKNOWLEDGEMENT1 1. .;.;;n ' ` dY
STATE OF ARKANSAS
SS:
COUNTY OF WASHINGTON )
On this _9th_-- day of August, 1994, before the undersigned , a Notary Public,
duly commissioned , qualified and acting , within and for said County and State,
appeared in person the within-named Fred Hanna and Traci Paul , to me personally
known , who stated they were the Mayor and City Clerk, respectively, of The City of
Fayetteville, and were duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of The City of Fayetteville, and
further stated and acknowledged they had so signed , executed , and delivered the
instrument for the consideration , uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF , I have hereun set my hand and official al this
9th day of August, 1994.
Notary Public 1 .
My Commission Expires:
2-13-04
9'7065909
I, Kathleen Homes$, Circuit Clerk and Ex-officio
fiecordor for Washington County, Arkansas. C ; '1erahy
certify that this inStiurriOnt was flied for rec�1 v.admy
office as indicated hereon and the aamo y
recorded with the acknowledgement and coil-0ate
thereon In Record Book and Page as ind'+oated thereon.
IN WITNESS WHEREOF, I have horrIunto set my
hand and affixed the seal of said Court on the date indi-
cated hereon.
Kathleen Harness
^.+round Exofficlo Recorder —
ORDINANCE NO. 3821 al Steele Addition: Tract 1 '
AN ORDINANCE TO EX- -
EMPT CERTAIN - UNDEVE' - bl CMN Subdivision: Lots
LOPED OR PARTIALLY OE- 3. 5,' b, 7, 9, 10, .72, 11 , IA. .,
VELOPED LOTS IN NON- .15, 16. 17, 18 and 19
R E S 1 D E N I i A L
SUBDIVISIONS WHICH RE- cl North Point Subdivision:
CEIVED PRELIMINARY OR All lots. Blocks 1 a IL STATE OF ARKANSAS
FINAL APPROVAL PRIOR
TO 28 JUNE 1994 FROM an Point West Subtlivision. SS.
THE PROVISIONS OF OR- All lots and properties in County of Washington
DINANCE NO. 3806: ES-
TABLISHING AN APPLICA- Point West Subdivisions I. 9
TION PROCESS FOR EX- 11, and III with the exce
I,
E M P T I O N S ; AND tion of Lots 1 , 3 and 4 of 1 1.�� l �� '�— hereby cer-
DECLARING A N Phase n. tify that i am the pu�tstr f THE NORTHWEST ARKANSAS TIMES, a daily
EMERGENCY. Section 3. Owners of lots newspaper having a s``i class mailing privilege, and being not less than four pages of
WHEREAS, certain owners within non-residemial subdi- five columns each, published at a fixed place of business and at a fixed (daily) intervals
and developers of non- visions which obtained Frail-
residential subdivisions, rminary or final approval as continuously in the City of Fayetteville, County of Washington, Arkansas for more than
have commenced develop- non-residential subdivisions aperiod of twelve months, circulated and distributed from an established place of business
ment and have developed prior to 26 June 1994 and
real property along the not included in the speci6- to subscribers and readers generally ofallclasses in the City and County fora definite price
Highway 71 By-Pass prior tally exempted properties for each copy, or a fixed price per annum, which price was fixed at what is considered the
to the enactment of Ordi- set forth in Section 2 above
nance No. 3806; and. may apply for an exemption value of the publication, based upon the news value and service value it contains, that at
to the Fayetteville City Plan- least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
WHEREAS, these subdivi- ner. The City Planner shall
sions were designed. to respond to the application newspaper or its agents or through recognized news dealers over a period of at least six
heated, and constructed in in writing within ten (10) months; and that the said newspaperpublishes an average of more than forty percent news
part or in whole. in com- working days of the receipt
pliance with then existing of the application . The matter.
city ordinances and require- owner may appeal in writ-
ments; and, ,ng the decision of the City
Planner to the City Council I further certify that the legal notice hereto attached in the matter of
WHEREAS, the preliminary within ten ( 10) working /�
and final subdivision plats days of receipt of the City / , pp
have been approved and ac- ' Planner's decision. \ VCk ,l Yt'a: o_oG 'Q-
cabled by the City, streets Section 4. Completed de- 1
and utilities are under con- elopment upon pproperty was published in the regular daily issue of said newspaper for
struction or have been con-•w
strutted and dedicated to subject to such exemption consecutive insertions as follows:
the City and easements not in compliance with the
granted the city and utili- standards set forth in Ordi-
nance No. 3808 shall be
ties, all at considerable ex- first C i CUC t
considered pre-existing non- The st insertion on the . h.0 V day of 19
dense the owners and conforming structures. U
developers; and.
WHEREAS, in many cases Section 5. Nothing con- the second insertion on the day of 19
lots have been sold enc tained herein shall limit or
buildings constructed upon prohibit property owners
the lots in compliance with form utilizing the variance the third insertion on the day of 19
the ordinances and require provisions contained in Or-
mems of the City existing d'n^nce No. 3806.
prior to the enactment of and the fourth insertion on the day of 19
Ordinance No. 3806; and. Section 6. EMERGENCY
CLAUSE. The City Council
WHEREAS, to require own- hereby finds and declares
ars of lots within non- that as a result of the cur-
residential subdivisions rent development pressures
which , have received the along U.S. 71 Highway Cor-
preliminary approval of the ridor, that in order to pro-
LL
City and the existing platted tact the health, safety and R C E I V G u Publisher / Genera Manager
and approved non - welfare of the citizens of
residential subdivisions to the City, an emergency is
comply with Ordinance No. hereby declared to exist
3606 places special hard- and this Ordinance shall be At1J 29 ����
ship and a financial burden in full force and effect from
upon the owners of these and after its passage and
lots; and. approval.
WHEREAS, certain such PASSED AND APPROVED FINANCE DEPT.
subdivisions and/or lots this 91h day of August,
within such subdivisions 1994,
have restrictive covenants APPROVED'
or have voluntarily offered By: Fred Hanna, Mayor
bills of assurances that are ATTEST:
consistent with the Four- By: Traci Paul
poses of the Design Over-, city clerk Sworn to and subscribed before me on this `�/
ley District for the ver- day Of
Highway 71 Highway p ^ i
Corridor. 19
NOW. THEREFORE. BE IT p
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
F A V E T T E V I L L E ,
ARKANSAS: --
Seetion 1 . Undeveloped Notary Public
or partially developed lots in
non-residential subdivisions My Commission Expires:
lying within the design
Overlay district for U.S. 71I1
Highway corridor which CSI - D/
have received preliminary or - - -
final approval as non-
residential subdivision prior
to 28 June 1994 are hereby
exempt from compliance Fees for Printin
with Ordinance No. 3806. g
Section 2. The following Cost of Proof $
are hereby found to be un- J
developed or partially dove- Total
loped lots qualifying for the
exemption set forth above.
