HomeMy WebLinkAbout2007-04-01 ORDINANCE NO.
AN ORDINANCE REZONING CERTAIN PROPERTY FROM C-1 COMMERCIAL
TO T-1 COMMERCIAL, REQUESTED BY DR. BILL BELLER AND DR CHRIS
BELLER.
BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS AS
FOLLOWS:
SECTION 1.
(1) The following property be and the same is hereby rezoned from C-1 Commercial to
T-1 Commercial; said property has been recommended for rezoning by the Batesville
Planning Commission at a published public hearing on Monday, April 2, 2007.
(2) That the property is described as thus: See attached legal description
SECTION 2.
It is hereby found and declared that an emergency exists and that this ordinance being
necessary for the public welfare, it shall be in full force and effect from the date of its
passage.
PASSED AND APPROVED THIS 10'h DAY OF APRIL 2007.
ATTEST:
DENISE JOHNSTON, RICK ELUMB H , MAYOR
BATESVILLE MUNICIPAL CLERK
EXHIBIT "A"
Tract#1: Apart of Block 37 of Egner's Addition to the City of Batesville, Arkansas,
described thus: Commence at the NW corner of Block 37 at the intersection of Broad
and Boswell Streets; thence run in a Southerly direction with the East line of Broad Street
a distance of 140 feet to Point of Beginning; thence in a Northeasterly direction parallel
with Boswell Street 78 feet to a point on the line of the property formerly owned by
Albright and Ramsey; thence in a Southerly direction and with said line 62 feet; thence
Westerly parallel with Boswell Street 78 feet to East line of Broad Street; thence in a
Northerly direction and with East line of Broad Street 62 feet to the Point of Beginning.
A parcel of land lying in the City of Batesville, Arkansas, described as follows:
Beginning on the East line of Broad Street 202 feet from the corner of Broad Street and
Boswell Street; thence running in an Easterly direction parallel with Boswell Street 78
feet; thence in a Southerly direction parallel with Broad Street 10-1/2 feet; thence in an
Easterly direction parallel with Boswell Street 156 feet to River Street; thence along the
line of said River Street in a Southerly direction 80 feet; thence in a Westerly direction
parallel with Boswell Street 180 feet to Broad Street; thence along the line of Broad
Street 80 feet,more or less, to the Place of Beginning. The same designated as Lot 3 in
• Block 1 of Cotton Yard Addition on Plat which appears of record in Deed Record Book
T-5, Page 634 of records of Independence County, Arkansas.
Tract#2:A part of Block 37 of Egner's Addition to the City of Batesville, Arkansas,
described thus: Commence at the NE comer of said Block 37 at the point of intersection
of the South line of Boswell Street with the West line of Third Street and run thence
Southeasterly along West line of Third Street a distance of 180 feet to a point(being the
SE comer of the Sheffield Tract); thence in a Westerly direction along the South line of
the Sheffield Tract 75 feet to a point; thence in a Northerly direction and parallel with
Third Street along the West line of the Sheffield Tract a distance of 180 feet to a point on
the South line of Boswell Street; thence Westerly and along the South line of Boswell
Street a distance of 65 feet to a point (being the NE comer of what was formerly known
as the Julia Rowlett tract); thence in a Southerly direction and along East line of the
Rowlett tract a distance of 180 feet to the Point of Beginning; thence in a Westerly
direction and along the South line of the Rowlett Tract a distance of 60 feet to a point;
thence in a Southerly direction and parallel with Broad Street a distance of 32-1/2 feet to
a point; thence in an Easterly direction and parallel with Boswell Street a distance of 60
feet; thence in a Northerly direction 32-1/2 feet to the Point of Beginning.
0
Continuation, Page Two of Exhibit "A"
Tract#3: A part of Block 37 in Egner's Addition to the City of Batesville, Arkansas,
described as follows: Starting at the SE side of Boswell Street and the SW side of Third
Street; thence South 54 degrees West along the line of Boswell Street 200 feet to the line
dividing the Charles W. Wasson property and this property for the Place of Beginning;
thence at right angles to Boswell Street in a Southeasterly direction and parallel with
Third Street along said division line 180 feet; thence toward Third Street and parallel
with Boswell Street 60 feet; thence in a Northwesterly direction and parallel with Third
Street 180 feet to Boswell Street; thence in a Southwesterly direction along the line of
Boswell Street 60 feet to the Place of Beginning.
Tract#4: A part of Block 37 of Egner's Addition to the City of Batesville, Arkansas,
described as follows: Commencing at the NW comer of said Block 37 at the intersection
of Broad Street and Boswell Street; run thence North 54 degrees East along the line of
Boswell Street a distance of 78 feet to the line of the property formerly owned by
• Albright and Ramsey; thence in a Southerly direction and with said line of the property
formerly owned by Albright and Ramsey a distance of 140 feet; thence in a Westerly
direction and parallel with Boswell Street a distance of 78 feet to a point on the East line
of Broad Street; thence in a Northerly direction and with the East line of Broad Street 140
feet to the Point of Beginning.
RECOMMENDATIONS OF THE CITY PLANNING COMMISSION
The City Planning Commission of the City of Batesville, Arkansas, held its regular
monthly meeting on Monday, April 2, 2007, with Chairman Carma Osborn presiding.
Present were Secretary Brian Langston, and Commission members Steven Lewis,
Tommy Bryant, Ronnie Hampton, Michael Fagan and Nina Womack. Also present was
Code Enforcement Officer Chad McClure, City Council Member Dr. Douglas Matthews.
A public hearing was held with reference to the petition filed by Dr.'s Bill& Chris Beller
asking for the rezoning of the following described property,to wit:
Property located at the SE corner of Boswell and Broad Streets.
The petition sought the rezoning of the above-described property from Commercial C-1
to Commercial T-l.
Commissioner Fagan moved that the Commission recommend to the City Council of the
City of Batesville, Arkansas, the rezoning of the above-described property from
Commerical C-1 to Commercial T-1 and that the application for rezoning be approved.
The motion was seconded by Commissioner Hampton and upon a vote of the
Commission was passed unanimously.
• The City Planning Commission of the City of Batesville, Arkansas, recommends to the
City Council of the City of Batesville, Arkansas, that the petition as filed be granted and
that appropriate action be taken by the City Council to carry out the recommendations of
the City Planning Commission.
Batesville City Planning Commission
Carina Osborn, C riman
By
Brian Langston, Seretary
O