File #: ORD-08:044    Version: 1 Name:
Type: Ordinance Status: Filed
File created: 5/28/2008 In control: Public Works Council Committee
On agenda: Final action: 7/15/2008
Title: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF JONESBORO, ARKANSAS
Indexes: Rezoning
Attachments: 1. Plat, 2. Application for Zoning Ordinance Map Amendment, 3. MAPC Report
Related files: AZ-08-02, ORD-08:045, MIN-08:161

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AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF JONESBORO, ARKANSAS

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WHEREAS, the following described lands are owned by Paulette Quinn (hereafter “Quinn”):

 

ALL OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 NORTH, RANGE 3 EAST; AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 NORTH, RANGE 3 EAST; LYING WEST OF SHELTON CREEK. LESS AND EXCEPT THE FOLLOWING TRACTS OF LAND, BEING DESCRIBED AS RECORDED IN THE CRAIGHEAD COUNTY COURTHOUSE AS FOLLOWS: DEED BOOK 147, PAGE 128, DEED BOOK 161, PAGES 316-317; DEED BOOK 634, PAGES 810-811; DEED BOOK 634, PAGES 808-809; DEED BOOK 615, PAGES 785-786.

 

THE SUBJECT PROPERTY BEING MORE PARTICULARLY DESCRIBED AS:

 

THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; AND A PART OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 NORTH, RANGE 3 EAST; CRAIGHEAD COUNTY, ARKANSAS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHWEST CORNER OF SECTION 10, TOWNSHIP 14 NORTH, RANGE 3 EAST, CRAIGHEAD COUNTY, ARKANSAS; THENCE SOUTH 00º13’27” EAST, ALONG THE SECTION LINE, 656.92 FEET, TO THE POINT OF BEGINNING PROPER; THENCE SOUTH 87 º58’27” EAST, 1237.31 FEET; THENCE NORTH 00 º18’41” EAST, 384.67 FEET, TO THE CITY LIMIT LINE FOR JONESBORO, ARKANSAS; THENCE SOUTH 89 º15’47” EAST, ALONG SAID CITY LIMIT LINE, 653.95 FEET, TO THE CENTERLINE OF SHELTON CREEK; THENCE WITH THE MEANDERING OF SAID CENTERLINE OF SHELTON CREEK THE FOLLOWING BEARINGS AND DISTANCES; SOUTH 47 º34’57” EAST, 43.23 FEET; SOUTH 55 º07’11” EAST, 106.65 FEET; SOUTH 31º29’15” EAST, 58.85 FEET; SOUTH 15 º18’13” EAST, 180.90 FEET; SOUTH 18 º28’26” EATS, 182.38 FEET; SOUTH 16 º53’22” EAST, 179.03 FEET; SOUTH 32 º49’54” EAST, 128.02 FEET; SOUTH 25 º57’463” EAST, 251.57 FEET; SOUTH 32 º50’43” EAST, 197.48 FEET; SOUTH 25 º23’49” EAST; 248.52 FEET; SOUTH 25 º23’49” EAST, DEPARTING THE CENTERLINE OF SHELTON CREEK, 176.10 FEET, TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 00 º44’45” WEST, ALONG SAID EAST LINE OF THE NORTHWEST QUARTER, 788.85 FEET, TO THE CENTER OF SAID SECTION 10; THENCE NORTH 89 º50’20” WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, 1325.47 FEET, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 00 º20’13” WEST, ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 1323.43 FEET, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89 º51’09” WEST, ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 1316.03 FEET, TO THE WEST LINE OF SECTION 10; THENCE NORTH 00 º04’18” WEST, ALONG THE SECTION LINE, 1323.75 FEET, TO THE QUARTER CORNER OF SECTION 9 AND 10; THENCE NORTH 00 º13’27” WEST, ALONG THE SECTION LINE, 1991.19 FEET, TO THE POINT OF BEGINNING PROPER, CONTAINING 159.13 ACRES, MORE OR LESS; BEING SUBJECT TO A PUBLIC ROAD OFF AND ACROSS THE SOUTH SIDE THEREOF; BEING SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS OF RECORD.

 

Hereafter referred to as the “Property;” and

 

WHEREAS, the Property lay in Craighead County until Quinn petitioned the Craighead County Court to approve the annexation of the Property into the City of Jonesboro, Arkansas, in case No. CO-2008-2, and an order approving the annexation was entered by the Court on March 27, 2008; and

 

WHEREAS, Quinn petitioned the City Council of the City of Jonesboro, Arkansas, to annex the Property into the City of Jonesboro, Arkansas; and

 

WHEREAS, the Jonesboro Metropolitan Area Planning Commission has recommended that said lands be zoned RS-5, subject to certain preexisting non-conforming uses, upon annexation approved by the City of Jonesboro, Arkansas; and

 

WHEREAS, the City Council of Jonesboro, Arkansas, passed Ordinance No. _______, approving the annexation of the Property into the City of Jonesboro, Arkansas; and

 

WHEREAS, it appears to the City Council that all applicable laws of the State of Arkansas and of the City of Jonesboro have been complied with in presenting this ordinance to the City Council.

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas, that:

 

SECTION I: The Zoning Ordinance of the City of Jonesboro, Arkansas, codified as Title 14 of the Jonesboro Municipal Code, should be, and it hereby is amended so that the Property is zoned as the “RS-5” residential use classification, but recognizing the following preexisting Non-conforming Uses (as defined in Chapter 14 of the Jonesboro Municipal Code)”

 

A.                     Airstrip used in connection with certain crop-dusting (agri-chemical application) business located upon adjoining property within the City of Jonesboro, Arkansas, and currently zoned I-1; and

B.                     Agriculture, crops.

 

SECTION II: Chapter 14.12 of the Jonesboro Municipal Code shall apply to the non-conforming uses described above, except that the said Nonconforming Uses described in Section I above shall expire, and shall be prohibited upon the Property, ten (10) years from the date of the passage of this Ordinance.

 

SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

 

SECTION IV: 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.