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AN ORDINANCE TO AMEND TITLE 14, KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES LOCATED ON JOHNSON AVENUE AS REQUESTED BY CI DEVELOPMENT, LLC
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BE IT ORDAINED BY THE CITY COUNCIL OF JONESBORO, ARKANSAS:
SECTION I: TITLE 14, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF JONESBORO, ARKANSAS BE AMENDED AS RECOMMENDED BY THE METROPOLITAN AREA PLANNING COMMISSION BY THE CHANGES IN ZONING CLASSIFICATION AS FOLLOWS:
FROM (R-1) SINGLE FAMILY MEDIUM DENSITY DISTRICT TO (CR-1 LU-O) COMMERCIAL RESIDENCE MIXED USE DISTRICT - LIMITED USE OVERLAY, THE FOLLOWING DESCRIBED PROPERTY:
LEGAL DESCRIPTION:
A PART OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 14 NORTH, RANGE 4 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 9; THENCE N00°05'22"W ALONG THE QUARTER SECTION LINE 661.59'; THENCE N89°07'51"E - 1458.32'; THENCE S32°14'15"E - 281.08' TO THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 49; THENCE WITH THE MEANDERINGS OF SAID RIGHT OF WAY LINE AS FOLLOWS: S57°46'19"W - 794.05'; S63°30'33"W - 303.18'; S49°10'54"W - 202.01'; S58°01'22"W - 98.21'; S87°10'06"W - 81.50'; S40°27'46"W - 136.91'; S58°10'49"W - 200.69'; S57°46'00"W - 102.89' TO THE QUARTER SECTION LINE; THENCE N00°00'00"W ALONG THE QUARTER SECTION LINE - 565.67' TO THE POINT OF BEGINNING, CONTAINING 26.4 ACRES MORE OR LESS SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD.
SECTION II: THE REQUESTED REZONING CLASSIFICATION IS CR-1 LIMITED USE OVERLAY (LU-O). THE LU-O IS FURTHER RESTRICTED AS FOLLOWS:
1. THE LIMITED USES SHALL ONLY INCLUDE THE FOLLOWING:
• SINGLE FAMILY ATTACHED DUPLEX, TRIPLEX, 4-PLEX
• LOFT APARTMENT
• MULTI-FAMILY
• GOVERNMENT SERVICE
• MEDICAL SERVICE OFFICE
• OFFICE GENERAL
• POST OFFICE
• RECREATIONAL / ENTERTAINMENT INDOOR
• RESTAURANT / INDOOR
• RETAIL / SERVICE
2. NO BILLBOARDS ALLOWED ON SUBJECT PROPERTY.
3. ALL RESIDENTIAL DEVELOPMENT OF SUBJECT PROPERTY SHALL BE OWNER OCCUPIED, NOT RENTAL UNITS.
4. DEVELOPER SHALL RETAIN A BUY-BACK AGREEMENT ON ALL RESIDENTIAL UNITS.
SECTION III: THE CITY CLERK IS HEREBY DIRECTED TO AMEND THE OFFICIAL ZONING DISTRICT BOUNDARY MAP OF THE CITY OF JONESBORO, ARKANSAS, INSOFAR AS IT RELATES TO THE LANDS DESCRIBED HEREINABOVE SO THAT THE ZONING CLASSIFICATION OF SAID LANDS SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE.
SECTION IV: IT IS FOUND AND DECLARED BY THE CITY COUNCIL THAT PROPER USE OF THE TRACT OF LAND DESCRIBED IN THE ORDINANCE IS DELAYED BECAUSE OF IMPROPER ZONING AND THAT, THEREFORE, AN EMERGENCY EXISTS AND THIS ORDINANCE BEING NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY, IT SHALL TAKE EFFECT FROM AND AFTER ITS PASSAGE AND APPROVAL.
PASSED AND ADOPTED this 18th day of September, 2007.