2186ORDINANCE NO. v~ I ~ ~o
AN ORDINANCE TO REZONE A 6.18 ACRE PARCEL IN THE
CITY OF WEST MEMPHIS, LOCATED AT APPROXIMATELY
705 HWY 77, FROM I-1, LIMITED INDUSTRIAL TO (PUD)
PLANNED UNIT DEVELOPMENT.
WHEREAS, application was made to the City Planning Commission to
rezone the hereinafter described property, and after notice having been published
for the time and in the manner as provided by Ordinance No. 1988, as amended, the
matter was heard by the City Planning Commission on Wednesday, January 19,
2008 and the Planning Commission recommended to approve the application to
rezone the following described property:
Street Address: approximately 705 HWY 77
Legal Descriution: 6.18 acres being a fractional part of Block A of the Lot
Consolidation Plat, Ferguson Industrial Park as shown by Plat recorded in Plat
Book 5, Page 81, and lying in the E '/: of the SE '/. of Section 36, T-7-N, R-8-E, City
of West Memphis, Crittenden County, Arkansas, and being more particularly
described as follows: Commencing at the intersection of the East line of said Section
36 and the North right of way Gne of the Union Pacific Railroad (100' R/VV), said
point lying on the centerline of State Highway 77; thence N65*25'04"W along said
railroad right of way a distance of 68.55; said point lying on the West right of way of
State Highway 77; thence along said West right of way line NO*Ol'02"W 11.00 feet;
889*58'S8"W 16.40 feet; NO*Ol'02"W 108.27 feet; N89*58'S8"E 16.40 feet;
NO*Ol'02"W 39.37 feet; NOl*07'43"E 308.91 feet to the Point of Beginning; thence
West 135.0 feet; thence N65*13'33"W 177.86 feet; thence Nll*25'25"W 660.86 feet
to a point on the North line of said Block A; thence N78*34'33"E 436.16 feet to the
Northeast corner of said Block A and the West right of way line of State Highway
77; thence SO*Ol'02"E along said West right of way line a distance of 789.45 feet;
thenceS01*07'43"W a distance of 19.24 feet to the point of beginning, Containing
6.18 acres more or less.
from I-1, Limited Industrial, to (PUD) Planned Unit Development, subject to the
following criteria:
Ordinance No.
Page two
I. AREA I
A. USES PERMITTED:
1. C-1 uses; and
2. Multifamily by right (2°d and 3`d floors only.)
a. USES EXCLUDED:
1. Auto Service;
2. Bus Station;
3. Carnival; and
4. Christmas Tree Sales.
II. AREA II
A. USES PERMITTED: Area II will be allowed the same uses as Area I, with the
following exception:
1. Apartments are permitted as primary use in accordance with R-4
regulations.
B. BULK REGULATIONS -AREAS 1 & 2
1. Comply with City of West Memphis Zoning Ordinance C-1 regulations.
2. Maximum building height 40 feet.
C. ROADWAY ACCESS
1. Roadway access and circulation in accordance with City of West Memphis
Zoning Ordinance.
2. Gated access, all keys.
3. Access easement for all parcels.
D. LANDSCAPING AND SCREENING
1. Landscaping and screening in accordance with City of West Memphis
Zoning Ordinance.
E. SIGNS
1. Signs, in accordance with City of West Memphis Sign Ordinance.
Ordinance No
Page three
F. DRAINAGE
1. The storm water drainage system shall be designed and constructed to
meet requirements of the City of West Memphis Engineers Department.
2. All public storm drainage shall require a public easement.
WHEREAS, no persons appeared to protest against said zoning as requested; and
WHEREAS, the City Council of the City of West Memphis approved said
petition and recommends that said rezoning be granted; subject to the following criteria:
I. AREA I
A. USES PERMITTED:
1. C-1 uses; and
2. Multifamily by right (2nd and 3rd floors only.)
a. USES EXCLUDED:
1. Auto Service;
2. Bus Station;
3. Carnival; and
4. Christmas Tree Sales.
II. AREA II
A. USES PERMITTED: Area II will be allowed the same uses as Area I, with the
following exception:
1. Apartments are permitted as primary use in accordance with R-4
regulations.
B. BULK REGULATIONS -AREAS 1 & 2
1. Comply with City of West Memphis Zoning Ordinance C-1 regulations.
2. Maximum building height 40 feet.
C. ROADWAY ACCESS
1. Roadway access and circulation in accordance with City of West Memphis
Zoning Ordinance.
Ordinance No.
Page four
2. Gated access, all keys.
3. Access easement for all parcels.
D. LANDSCAPING AND SCREENING
1. Landscaping and screening in accordance with City of West Memphis
Zoning Ordinance.
E. SIGNS
Signs, in accordance with City of West Memphis Sign Ordinance.
F. DRAINAGE
1. The storm water drainage system shall be designed and constructed to
meet requirements of the City of West Memphis Engineers Department.
2. All public storm drainage shall require a public easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That the following property now Zoned I-1, Limited Industrial be
and the same is hereby, Rezoned (PUD) Planned Unit Development:
Street Address: approximately 705 HWY 77
Legal Description: 6.18 acres being a fractional part of Block A of the Lot
Consolidation Plat, Ferguson Industrial Park as shown by Plat recorded in Plat
Book 5, Page 81, and lying in the E '/z of the SE '/4 of Section 36, T-7-N, R-8-E, City
of West Memphis, Crittenden County, Arkansas, and being more particularly
described as follows: Commencing at the intersection of the East line of said Section
36 and the North right of way line of the Union Pacific Railroad (100' R/VV), said
point lying on the centerline of State Highway 77; thence N65*25'04"W along said
railroad right of way a distance of 68.55; said point lying on the West right of way of
State Highway 77; thence along said West right of way line NO*Ol'02"W 11.00 feet;
S89*58'S8"W 16.40 feet; NO*Ol'02"W 108.27 feet; N89*58'S8"E 16.40 feet;
NO*O1'02"W 39.37 feet; NO1*07'43"E 308.91 feet to the Point of Beginning; thence
West 135.0 feet; thence N65*13'33"W 177.86 feet; thence Nll*25'25"W 660.86 feet
to a point on the North line of said Block A; thence N78*34'33"E 436.16 feet to the
Northeast corner of said Block A and the West right of way Gne of State Highway
77; thence SO*Ol'02"E along said West right of way line a distance of 789.45 feet;
Ordinance N0.
Page five
thence SOl*07'43"W a distance of 19.24 feet to the point of beginning, Containing
6.18 acres more or less.
SECTION 2. All Ordinances or parts of ordinances in conflict herewith are
hereby repealed.
T
ADOPTED this ~ S~ day of R" , 2008.
WILLIAM H. JO ON, MAYOR
ATTEST:
ILLI ARA, CITY CLERK
SPONSOR:
City Cis ~_a~_o8 tj:ovc~-
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