HomeMy WebLinkAbout2025-12-02 ORDINANCE NO.2025-12-02
AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR
OTHER PURPOSES.
WHEREAS,Markowski Investment Holdings,LLC requested that the below described property,
and as shown at Exhibit A,be re-zoned from Commercial Community(C-1)to General Family Residential
(R-2)and/or from Single-Family Residential(R-1)to Commercial Community(C-1)or General Family
Residential(R-2)in order to develop property into much needed multi-family residential use; and,
WHERAS,the Batesville Planning Commission noted that several"islands"of zoning created as a
result of past rezoning actions created multiple inconsistent zoning classifications within a single property;
and,
WHEREAS, the Batesville Planning Commission has reviewed the relationship of these properties
with the Comprehensive Plan and determined in a prior action to amend the Plan in support of more
appropriate uses and that the requested re-zoning would be consistent with said Plan; and,
WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing at
a regularly scheduled meeting on December 8, 2025 to consider said proposed amendment to the Zoning
Districts Map; and,
WHEREAS, the Batesville Planning Commission, finding such revision to be an appropriate
clarification to avoid multiple zoning district classifications with a single property, in the best interest of
the future development of the City of Batesville by expanding housing choices voted, at its regularly
scheduled meeting on December 8, 2025 to approve the requested amendment to the Zoning Districts Map,
and further recommends that the Batesville City Council adopt said amendment to the Zoning Districts
Map.
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: For all that portion of the following described property currently zoned as Single-Family
Residential(R-1)or Community Commercial(C-1), as displayed on Attachment A attached
hereto, is amended to General Family Residential(R-2)
A 0.96-acre tract of land being part of the SETA OF THE NW1/4 OF Section 14,Township 13 North,
Range 6 West,Independence County,Arkansas,more particularly described as follows:
Commencing at a found 1"pipe,representing the NW corner of said Section 14;
Thence S 55'05'18"E a distance of 2806.61 feet to a found railroad spike,representing the point of
beginning;
Thence S 88°53'06"E a distance of 140.67 feet to a calculated point on the centerline of a 50 foot wide
road easement;
Thence,along said centerline, S 04°54'52"W a distance of 108.59 feet to a calculated point;
Thence,along said centerline, S 18°57'27"W a distance of 81.74 feet to a calculated point;
Thence,along said centerline, S 12°30'42" W a distance of 50.01 FEET to a calculated point;
Thence,along said centerline, S 00009'44"E a distance of 47.44 feet to a calculated point;
Thence,along said centerline, S 08°47'14"E a distance of 45.07 feet to a calculated point;
Thence,along said centerline, S 04°30'09"E a distance of 31.29 feet to a calculated point;
Thence,leaving said centerline,N 88°53'06" W a distance of 110.22 feet to a calculated point;
Thence N 01°02'26"E a distance of 221.32 feet to a found 1/2"rebar in stones;
Thence N 00°39'54"E a distance of 136.83 feet back to the point of beginning of said 0.96-acre tract.
Section 2: For all that portion of Independence County Assessor Parcel ID 11003140002 currently zoned
as either Single-Family Residential(R-1)or General Family(R-2), as displayed on Attachment
A attached hereto, is amended to Commercial Community District(C-1).
Section 3. For all that portion of Independence County Assessor Parcel ID 11003 14000C currently zoned
as Single-Family Residential(R-1),as displayed on Attachment A attached hereto, is amended
to Commercial Community District(C-1).
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.
EMERGENCY CLAUSE: It being necessary to allow a time sensitive development to further the City's
goal of developing a greater variety of housing, and especially affordable housing, and in order to protect
and preserve the health, safety and welfare of the people of the City of Batesville, an emergency is
declared to exist and this Ordinance shall be in full force and effect from and after its passage.
IT IS SO ORDAINED.
IN WITNESS WHEREOF, we have set our hands this 16`', day of December, 2025.
APPROVED: X. AL
RICK ELUM GH, OR
ATTEST:
SSICA DAVI CLERK
APPROVED AS TO LEGAL FORM:
T T MEITZEN,Cl TTORNEY
EXHIBIT A
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