HomeMy WebLinkAbout2021-05-01ORDINANCE NO. 2021-01
AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR
OTHER PURPOSES.
WHEREAS, the Batesville, Arkansas Comprehensive Plan encourages the development of a
variety of housing choices; and,
WHEREAS, an application has been submitted to the Batesville Planning Commission to
consider the development of an eight (8) unit multi -family housing project on a single lot as a Planned
Development Zone; and,
WHEREAS, the Batesville Planning Commission held a properly advertised public hearing on
the requested amendment to the Zoning Districts Map on April 19, 2021:
WHEREAS, the proposed Planned Development meets three of the five threshold requirements
in the Batesville Zoning Code for consideration: infill parcel difficult to develop or sell (not easily
available for commercial use — off Harrison and hidden by Fitness Center; Providing housing for all
economic segments (affordable rental housing); and innovative urban design which may lead to further
innovation in the City; and,
WHEREAS, layout design of the proposed site is approved by the Batesville Fire Marshal;
Would meet all state and city building codes
WHEREAS, the Batesville Planning Commission voted to recommend at a called meeting on
April 19, 2021, that the Batesville City Council approve the requested zoning amendment as being
consistent with the Comprehensive Plan and with the eligibility requirements of the Batesville Zoning
Code and would be in the best interests of the development of the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS THAT THE BATESVILLE ZONING DISTRICTS MAP IS
HEREBY AMENDED AS FOLLOWS:
Section 1. The property to be zoned as a Planned Development (PD) District is identified as Parcel ID
063-1100318002C in the Independence County Assessor parcel records, a 1.08 acre, more or
less, tract of land being part of the S 1/2 of the N WI/4 of Section 14, Township 13 North,
Range 6 West, Independence County, Arkansas, more particularly described as follows:
Commencing at the NW corner of Section 14; thence N 90°00'00" E a distance of 1,166.09
feet to a calculated point;
thence S 00°00'00" E a distance of 1,810.32 feet to a found 1/2" rebar, representing the point of
beginning;
thence S 71'58'34" E a distance of 277.36 feet to a found 'h" rebar on the west right of way of
Dry Kiln Road;
thence along said right of way S 17°58'46" W a distance of 100.36 feet to a found 1/2" rebar;
thence leaving said right of way N 88°13'32" W a distance of 344.68 feet to a found 1/2" rebar;
thence N 21°39'47" E a distance of 35.97 feet to a'/2" rebar;
thence N 43°25'47" E a distance of 19.69 feet back to the point of beginning.
Section 2. The above referenced property shall be developed in accordance with the Site Plan attached
hereto as Attachment A. No deviation is permitted. Failure to develop said property in strict
accordance with said Site Plan, or failure to begin work within one (1) year, shall nullify the
Planned Development District classification and the zoning shall revert back to its original
zoning.
Section 3. The Planned Development shall comply with the following conditions:
A. The permitted use on the above referenced property is limited to eight (8) single family
residences, none of which shall exceed six hundred and forty (640) square feet in size; and,
B. Construction of the units shall be designed in substantial compliance with the architectural
images and floor plan at Attachment `B" hereto, and
C. All construction shall comply with the requirements of the State Fire Code and other
relevant construction codes enforced by the City; and,
D. None of the individual residential units may later be sold separately; and,
E. The developer/owner may not request a variance from any requirement to the Board of
Zoning Adjustment;
Section 4. If any portion or portions of this ordinance are deemed or held to be invalid, such invalidity
shall not affect the remaining portion or portions of this ordinance.
IT IS SO ORDAINED.
IN WITNESS WHEREOF, we have set our hands this 11 , day of May, 2021.
ATTEST:
APPROVED:
RICK E MBAUGH
APPROVED AS TO LEGAL FORM:
ATTACHMENT A
ATTACHMENT B
Proposed Design of Individual Rental Units
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