HomeMy WebLinkAbout1984-03-01 ORDINANCE NO.
AN ORDINANCE REZONING CERTAIN PROPERTY IN THE
CITY OF BATESVILLE, ARKANSAS LYING IN BLOCKS
5 AND 7 , BALL' S SECOND ADDITION, AND LOTS 6 ,
7 AND 8 IN BLOCK 7 and ALL OF BLOCK 6 of BALL ' S
SECOND ADDITION TO THE CITY OF BATESVILLE, AR
WHEREAS , on or about November 28, 1983 M. F. Highsmith,
Preston W. Grace, Sr . , Doyle W. Rogers and Guy Moseley filed
before the Batesville Planning Commission a request for a change
in zoning from R-1 to C-2 , for lands as hereinafter described in
Independence County, Arkansas ; and
WHEREAS , on December 6 , 1983 the Batesville Planning
Commission, in accordance with Section XIII (II) (A) (1) determined
that the proposed change in zoning was such as to constitute an
• extension of existing district ; and
WHEREAS , a public hearing on said requested change was set
before the Batesville Planning Commission on Tuesday, January 3 ,
1984 at 7 : 00 P .M. at the Batesville City Hall; and
WHEREAS , notice of said public hearing was given in accordant
I with Section XIII (II) (A) (2) of the Batesville Zoning Code and all
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Commissioners were present ; and
WHEREAS, M. F. Highsmith, Preston W. Grace, Sr. , Doyle W.
Rogers and Guy Moseley met all technical requirements for
submission of a request for zoning change as required by the
City of Batesville Zoning Code, paid all costs and fees required,
and said hearing was held in accordance with all requirements of
the City of Batesville Zoning Code; and
r WHEREAS , at the public hearing of January 3 , 1984 Petitioner
Guy Moseley appeared in person and by his attorney John C. Gregg,
and the remaining petitioners , Preston W. Grace, Sr. , Doyle W.
Rogers and M. F. Highsmith, appeared by and through their
attorney, John C. Gregg, and other interested persons appeared in
opposition to the requested zoning change; and
WHEREAS, after a full and complete hearing, and upon motion
duly made by Commissioner David Seward, seconded by Commissioner
Ed Mosley, that the requested zoning change be granted and that
the property be recommended to the City Council to be rezoned from
R-1 to C-2 , and with a vote on said motion being four (4) in favor
with one abstention, the Batesville Planning Commission did
approve and recommend the proposed zoning change of the hereafter
captioned property from R-1 to C- 2 ; and
WHEREAS , the Batesville City Planning Commission adopted a
written resolution recommending the zoning change and incorporated
therein its reasons for the change, and
WHEREAS , after all due notices as required by law, the
recommendation of the City Planning Commission for rezoning of
the above captioned lands from R-1 to C-2 was set to be presented
to the Batesville City Council on March 13 , 1984; and
WHEREAS , the Batesville City Council has heard all persons
desiring to be heard on the question and has determined that the
below captioned property should be rezoned from R-1 to C-2 .
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Batesville, Arkansas :
Section 1. That the following described lands in Independence
County, Arkansas should be and hereby are rezoned from R-1 to C-2 :
A part of Blocks 5 and 7 , Ball ' s Second Addition,
City of Batesville, Arkansas, described as follows :
Beginning at the southeast corner of said Block 7 ,
thence South 85 degrees west along the north side
of Mary Street , 222 feet to the southeast corner
of the Pruett lot; thence north 8 degrees west
along the east side of the Pruett and Leonard lots
343 feet to the northeast corner of the Leonard
lot on the south side of Adler Street ; thence
along the south side of Adler Street south 88
Q degrees and 40 minutes east 123 feet ; thence
north 4 degrees and 40 minutes west 41 . 3 feet ;
thence north 85 degrees and 40 minutes east 60. 5
feet to the west right of way of Highway 167 ;
thence with said west right of way south 21
degrees and 53 minutes east 56 . 3 feet ; thence
with right of way south 14 degrees and 29 minutes
east 250 . 8 feet ; thence with right of way south 4
degrees and 40 minutes east 74 feet to point of
beginning. All bearings are magnetic to conform
to highway right of way descriptions .
Lots 6 , 7 and 8 in Block 7 , and also all of
Block 6 of Ball ' s Second Addition to the City
of Batesville, Arkansas , as shown by a plat
recorded in Book V-7 , pages 550-552 of the
deed records in and for Independence County,
Arkansas.
-2-
Section 2 . As a condition of rezoning a privacy fence 60" or
more shall be erected along the West boundary of the subject
property from a point on the North boundary of Bluff Drive to the
North boundary of Mary Street .
Section 3 . A copy of this ordinance duly filed by the City
Clerk shall be filed in the Office of the Recorder of the Circuit
Clerk of Independence County, Arkansas , and recorded in the deed
records of said County, and published in accordance with Arkansas
Statutes Annotated /19-2404 .
PASSED this / day of March, 1984 .
APPROVED:
rw
AYOR
ATTEST:
City Clerk
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PART OF BATESV/LLE, ARKANSAS
O - INDICATES PRESENT C-2 LONE
OWNERSHIP AREA MA
SCALE Ips 200' : CARPENTER SURVEYING CO.
!27 SOUTH Y4040 STREET
BATESVILLE , ARKANSAS
12/27/83 302 - 02
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Because we believe that rezoning 3 .5 acres in the
® Ball Addition to C-2 will seriously affect the character
of our neighborhood and the value of our property, we
the undersigned strongly oppose the Planning Commission' s
recommendation.
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