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HomeMy WebLinkAbout1965-10-12 Minutes• w 17 MINUTES OF A CITY PLANNING COMMISSION MEETING The City Planning Commission met in a special meeting at 3:30 p.m., Tuesday, October 12, 1965, in the City Council Room of the City Administration Building. Members present: Suzanne Lighton, Clark McClinton, Bryan Walker, Ernest Jacks, Allan Gilbert and Henry Shreve. Members absent: J. F. Palmer, Wade Fincher and Bill Dalton. Others present: J. A. Vizzier, planning consultant; E. J. Ball, attorney; C. C. Farley; Monroe Laner; Jack A. Carlisle; Jerry Sweetser; Deane Carter; Walter Brown; Mrs. Joe Flemming; F. M. Meade; James E. Scoggs; Charles Kent; Mrs. K. McVay; and several other persons interested in petitions before the Planning Commission. In the absence of Chairman J. F. Palmer, Vice chairman Suzanne Lighton presided. The Vice chairman reported that the purpose of the special Planning Commission meet- ing was to hold public hearings on five petitions for amendments to the zoning district map and one amendment to the zoning ordinance. The Vice chairman requested that first the proponents and then the opponents be heard. The public was asked to be brief in stating their opinions. The Vice chairman declared the public hearing open for discussion on the petition of Motors Finance Corporation for the rezoning from al Open land District to CG2 • Thoroughfare Commercial District of property on the north side of Township Road and west of U. S. Highway 71 North. The property is mare particularly described as: A strip of land situated in the SE$ of the SWy of Section 35, Township 17 North, Range 30 West, described as beginning at a point 97.68 feet East of the Southwest corner of said Forty Acre Tract, thence North 325.38 feet; thence East 149 feet; thence in a Southwesterly direction 327 feet, more or less; thence West 86 feet to the point of beginning. Those persons in favor of the petition were asked to speak. Mr. E. J. Ball, attorney for petitioner Motors Finance Corporation, said the local company requested in the petition an extension of the existing C-2 Thorough- fare Commercial zone so that all of Motors Finance Corporation's property would be in the same zoning district. The petitioner proposed to use the property for a new and used automobile sales and service operation. Mr. Ball stated that to the south was the Castle Courts and farther west still on the south side of Township Road is West Tree Service. To the north is Kerr-McGee Service Station and west of Kerr- McGee and adjacent to Motors Finance Corporation is ANL Laboratories. The Vice chairman asked if there were any persons persent to be heard in opposition to the petition of Motors Finance Corporation. There were no opponents present. There being no further discussion, the Vice chairman reported that the purpose of the public hearing on the petition of Motors Finance Corporation having been accomplished, the hearing on said petition was over. A quorum. of the Planning Commission was not present; therefore no recom ndation could 40 be made by the Planning Commission at this time, The public hearing on the petition of Jack A. Carlisle and Irene Carlisle was • held. Said petitioners had requested the rezoning from R-2 Two Family Residential District and I-lA Light Industrial District to R-4 Multi -Family Residential and Dormitory District property described as: Part of the NE� of the SW� of Section 9, Township 16 North, Range 30 West, beginning at a point 660 feet South and 20 feet East of the Northwest corner of said 40 acre tract and running thence East 640 feet to Skull Creek, thence Northwesterly with Skull Creek to the Southeast corner of one acre tract of land owned by the City of Fayetteville, Arkansas, and occupied by the City's sewer pump station; thence West 208 feet, more or less, to the Southwest corner of said one acre tract; thence Northwesterly 177 feet, more or less, to the Northwest corner of said one acre tract; thence West 40 feet; thence South 160 15' East 525 feet; thence West 420 feet; thence South 160 feet to the place of beginning. Suzanne Lighton, Vice chairman, declared the public hearing open for discussion. The proponents of the petition were asked to be heard. Petitioner Jack Carlisle stated that the rezoning request was being made so that the property could be developed for multi -family residential use. Mr. Carlisle said there were approximately 4 acres being requested for rezoning. To the south of the property in question is property zoned R-3 Multi -Family Residential. To the east is the railroad tracts and warehouses used in conjunction with the railroad and industrial zoning district. To the north is the City's sewer lift station and • on the north side of North Street is Tune Construction Company's operation center, a car wash, an eating establishment and a church. Vice chairman Suzanne Lighton asked that those who opposed the petition of Jack A. Carlisle and Irene Carlisle be heard. There was no one present who voiced any objection to the petition. There being no further discussion and the purpose of the public hearing having been accomplished, the Vice chairman reported that the hearing on the petition of Jack A. Carlisle and Irene Carlisle was over. A quorum of the Planning Commission still was not present; therefore no recommend- ation could be made by the Planning Commission to the City Council on the petition. Next was the public hearing on the petition of the Planning Commission for the rezoning from A-l'.Annexed Territory to R -1A Single Family Residential District of property described as: Part of the SWJ of the NWS of Section 12, Township 16 North, Range 30 West of the Fifth Principal Meridian, being described as follows: Beginning at the Southwest corner of said forty acre tract; thence North 0° 9' East 1326.0 feet; thence East 1000.0 feet; thence South 0° 9' West 1326.0 feet; thence West 1000.0 feet to the point of begin- ning, containing 30.44 acres, more or less. The Vice chairman asked the Plannings-Consultant;to•explain the`procedure:proposed­by the petition. J. A. Vizzier said upon annexation of property to the City of Fayetteville the property is automatically zoned A-1 Annexed Territory and remains • zoned A-1 until such time as the Planning Commission rezones the property. The property being considered for rezoning to R-lA Single Family Residential District 19 before annexation was in the process of being subdivided for residential development on large spacious lots. • The Vice chairman requested the opponents of said petition be heard. There were no opponents. There were no questions or discussion; therefore the purpose of the public hearing having been accomplished, the Vice chairman declared the hearing on the petition of the Planning Commission over. As.a.quorum of the Planning Commission was not present, no recommendation could be made. Vice chairman Suzanne Lighton declared the public hearing open for discussion on the petition of Joe B. Morris and Virginia (Taylor) Morris for the rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District. This property is located several hundred feet north of Harold Street on the east side of U. S. Highway 71 North and is more particularly described as: A part of the SEk of the SO of Section 26, Township 17 North, Range 30 West of the Fifth Principal Meridian, and being more particularly described as beginning at a point 420.0 feet East of the Northwest corner of said forty acre tract; thence South 210 feet; thence West 75.4 feet; thence North 210 feet; thence East 75.4 feet to the place of beginning. Those persons in favor of the petition for the extension of the C-2 commercial zone on property owned by Joe B. Morris and Virginia Morris were asked to be heard. No proponents, not even the petitioner, were present. • Those persons who opposed the petition of Joe B. and Virginia Morris were asked to speak. No opponents were present. There being no proponents or opponents and no discussion by the Planning Commission members, the Vice chairman reported that the purpose of the public hearing having been accomplished, the hearing on the petition of Joe B. and Virginia Morris was over. As a quorum was not present, no recommendation could be made on the petition after the public hearing. The last public hearing to'be held on a petition requesting an amendment to the zon- ing district map was that of Jerry Sweetser. The petitioner requested the rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District of property on the north side of North Street and west of Gregg Avenue. This property is more particularly described as: A part of the SE� of the NW� of Section 9, Township 16 North, Range 30 West, more particularly described as beginning at a stone at the Southeast corner of said 40 acre tract and running thence North 350 feet; thence West and parallel with South line of said 40 acre tract to the East line of right of way of St. Louis - San Francisco Railway thence Southwesterly along said East line of right of way to the south line of said 40 acre tract, or to a point due West of beginning; thence East to the point of beginning containing 3 acres, more or less, except a 30 foot strip off the South end for public road, also except a 30 foot strip off the East • side for public road. The Vice chairman declared the public hearing open for discussion. The proponents were given an opportunity to be heard. • Jerry Sweetser, petitioner, stated that the rezoning was being requested so that his office and more commercial buildings could be erected on the property. The buildings would be masonry with brick fronts. Mr. Sweetser pointed out that the property has no value to him.zoned R -1B Single Family Residential District. He felt that the property had been incorrectly zoned as it was not desirable to build single family residences upon it. Mr. Sweetser pointed out that to the south, east and northeast was residential zon- ing and use. To the north is the church property and to the west is Farnam Lumber Company, the railroad tracks, pole yard, and Tune Construction Company. Across the street (North Street) going west is N. W. Arkansas Rice Hull Company, warehouses of Kelley Brothers Lumber Company, Ranco Building Supply and City of Fayetteville's sewer lift station. A petition was filed by Mr. Sweetser with the Planning Commission. The petition was signed by persons who did not oppose the request of Mr. Sweetser for rezoning. Eleven persons had signed said petition. Also a copy of the deed and a copy of the Offer and Acceptance contract was submitted for the records of the Planning Commission. Mr. Sweetser pointed out that in his deed reservations and restrictions were attached to the property: No night clubs, dance halls, junk yards or whole- sale or retail buildings for second hand automobile parts or -junk materials are to be placed upon the land. No alcholic beverages are to be sold or dispensed on said property. The land is not to be used for cemetery purposes. • Mr. Ernest Jacks, a member of the Planning Commission, arrived. The opponents of the petition for rezoning filed by Jerry Sweetser were given the opportunity to speak. DEANE CARTER - 435 West North Street - said no one questioned the industrial use along the railroad tracks as it was established before many of the homes within the neighborhood were built. The residents on West North Street and North Gregg Avenue and the adjacent residential streets do protest to the rezoning from residential to commercial the property described in the petition of Jerry Sweetser. A petition signed by 136 persons was filed with the Planning Commission. This petition requested the Planning Commission to deny the request for rezoning. The petition re- presented about 80 pieces of property. Mr. Carter explained that sometimes both the husband and wife or two members of a household signed the petition. In one case tennants had signed the petition. The petition represented persons living in the general area bounded by Holly on the North, by the Veterans Hospital on the west and by Cleburn Street on the south. Mr. Carter pointed out that when the church requested rezoning there were no objections to the church's petition. The area in question is a developing section as indicated by the number of new homes built and by the number of desirable building lots await- ing development. As far as traffic is concerned North Street has about reached its maximum load. The property owners in the area do not recognize the need for a C-2 commercial zone. The thrust of the commercial zone into a residential area free from commercial use would be a threat to the residential character. 48 Mr, Allan Gilbert, a member of the Planning Commission, arrived at the public hearing. N1 In reply to a Planning Commission member's question, Jerry Sweetser said the • property, if rezoned, would be usedfor an office of a subcontractor and perhaps a paint store, plumbing shop or similar uses. He said his business as a sub- contractor did have trucks and there also would be the cars of the employees added to the traffic of North Street, Mr, Henry Shreve, a Planning Commission member, arrived. Mr. Sweetser again reminded the Planning Commission that certain undesirable items had been prohibited by the reservations and restrictions made in his deed. Deane Carter said he felt the Planning Commission should not be concerned with the deed but rather with zoning. He felt notions between buyer and seller should not be brought up for the Planning Commission's consideration. WALTER BROWN - 1136 North Vandeventer Avenue - said when the church asked for re- zoning the people in the neighborhood did not oppose the request. The church was seeking to be removed from commercial surroundings. The church is not asking for another exception—one which may again surround the church with commercial zoning. Mr. Brown stated that the petitioner was aware of the zoning classification of the property when he purchased it. JAMES E. SCOGGS - 501 Holly Street - said he bought property by the church because the property was residential in zoning and use. He said he disputes the fact the property in question is not valuable for residential use. He felt that single family residential use was debatable; however property would be desirable for multi- family residential use. • MRS. JOE W. FLEMING - 420 North Street - pointed out that North Street was the only east -west street available to a number of people in the area. The residential and Commercial traffic is increasing. North Street is residential in nature and not commercial. She expressed her hope that the truck traffic would by-pass North Street and North Street become a residential street. F. M. MEADE - 934 North Gregg Avenue - said the warehouse of Kelley Brothers Lumber Company has created more truck traffic. CHARLES KENT - 411 West North Street - stated that the traffic problem would be increased by commercial use especially the truck traffic. He frowned upon plumbing or electrical shop being located upon the property. Walter Brown said he would like to eventually see light industrial use removed completely and the area to the west become solid residential. MRS. K. McVAY - 517 Hawthorn Street - she she felt the multi -family residential use of the property would be desirable. There being no 9&rther discussion, the Vice chairman reported that the purpose of the public hearing having been accomplished, the hearing on the petition of Jerry Sweetser was over. Approximately 25 persons interested in Mr. Sweetser's petition left. The next item on the agenda was a public hearing for the purpose of giving con- sideration to amending ARTICLE VIII BOARD OF ADJUSTMENT of Zoning Ordinance No. 1239, passed and approved June 13, 1960, as amended by Ordinance No. 1339, passed and approved February 25, 1963. The proposed amendment was to shorten the time 22 required prior to a public hearing being held by the Board of Adjustment. The • Planning Commission and the Board of Adjustment felt that seven (7) days as set out by state law was sufficient time to notify the public by sign and newspaper. The Vice chairman declared the hearing open for discussion. There was no one present to comment on the proposed amendment as proponentsor as opponents. There being little discussion, the Vice chairman declared the public hearing on the amendment of ARTICLE VIII BOARD OF ADJUSTMENT, Section 3. Appeals or Variances of Ordinance No. 1239, passed and approved June 13, 1960, as amended by Ordinance No. 1.339, passed and approved February 25, 1963, having been accomplished, the hearing was over. With the arrival of three Planning Commission members during the public hearings, a quorum of the Planning Commission was present. On motion by Allan Gilbert, seconded by Bryan Walker, the Planning Commission voted unanimously to recommend to the City Council that ARTICLE VIII BOARD OF ADJUSTMENT, Section 3. Appeals or Variances of Ordinance No. 1239, passed and approved June 13, 1960, as amended by Ordinance No. 1339, passed and approved February 25, 1963) be amended to comply with the seven (7) day minimum requirement by state law on planning for notice prior to a public hearing. RESOLUTION PC 18-65 • WHEREAS, the Planning Commission felt study and consideration should be given to reducing the number of days required for notice prior to a public hearing held by the Board of Adjustment; and WHEREAS, a public hearing date was scheduled and was held by the Planning Commission Tuesday, October 12, 1965, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper in general circulation; and WHEREAS, after the public hearing the Planning Commission voted to make the following recommendation to the City Council. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. That an ordinance be adopted for the purpose of amending ARTICLE VIII BOARD OF ADJUSTMENT Section 3. Appeals or Variances of Ordinance No. 1239, passed and approved June 13, 1960, as amended by Ordinance No. 1339, passed and approved February 25, 1963, to read as follows: ARTICLE VIII BOARD OF ADJUSTMENT Section 3. Appeals or Variances -- Any appeal or application for variance to the Board of Adjustment may be taken by any person, firm or corporation aggreived, or by any governmental officer, department, board or bureau affected by any decision of the building inspector based in whole or in part upon the • provisions of this ordinance. The Board of Adjustment shall publish a notice of the time and place of a public f..~ 23 hearing upon such appeal or application for variation; such notice shall be • published at least once not less than seven (7) days preceding the date of such hearing in an official paper or newspaper of general circulation in Fayetteville, such notice to contain the particular location for which the appeal or variation is requested as well as a brief statement of what the proposed appeal or variation consists of. A sign eighteen (18) inches high and thirty (30) inches wide or larger as determined by the building inspector, also giving such notice, shall be placed upon the property by the building inspector seven (7) days before the date of the public hearing. The Board shall also give notice of such hearing to interested persons and organizations as it deem feasible and practicable. Upon the date of the hearing any party may appear before the Board in person or by attorney. The applicant shall be required to pay a filing fee of ten dollars ($10.00) to cover the cost of publishing and mailing notices and such other expenses as may be incurred in connection with such appeal or application. PASSED AND APPROVED this /c?'P''day of ©coo 1965 • Discussion was had on the petition of Motors Finance Corporation for rezoning from 0-1 Open Land District to C-2 Thoroughfare Commercial District property north of Township Road and west of U. S. Highway 71 North. On motion by Clark McClinton, seconded by Allan Gilbert, the Planning Commission unanimously voted to recommend to the City Council the rezoning from 0-1 Open Land District to C-2 Thoroughfare Commercial District of the following described property: A strip of land situated in the SES of the SWC of Section 35, Township 17 North, Range 30 West, described as beginning at a point 97.68 feet East of the SW corner of said 40 acre tract, thence North 325.38 feet; thence East 149 feet; thence in a Southwesterly direction 327 feet, more or less; thence West 86 feet to the point.of beginning. RESOLUTION PC 19-65 WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 12, 1965, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the hearing the Planning Commission voted to make a recommend- ation to the City Council on the rezoning petition of Motors Finance Corporation, NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE • CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from CI • al 0-1 Open Land District to C-2 Thoroughfare Commercial District the property described as follows: A strip of land situated in the Southeast Quarter (SE4) of the Southwest Quarter (SW,,) of Section 35, Township 17 North, Range 30 West, described as beginning at a point 97.68 feet East of the Southwest corner of said Forty Acre Tract, thence North 325.38 feet; thence East 149 feet; thence in a Southwesterly direction 327 feet, more or less; thence West 86 feet to the point of beginning. SECTION 2. That said rezoning be for the purpose of placing property owned by Motors Finance Corporation in the same zoning classification so that the property may be developed for commercial purposes. PASSED AND APPROVED this A2 f& de After discussion of the petition filed by Jack A. Carlisle and Irene Carlisle for the rezoning from R-2 Two Family Residential District to I-lA Light Industrial District to R-3 Multi -Family Residential District of property south of North Street and east of North Leverett Avenue, Ernest Jacks moved that the Planning Commission recommend to the City Council the rezoning from R-2 and I-lA to R-4 of property described as: Part of the NE4 of the SW� of Section 9, Township 16 North, Range 30 West, beginning at a point 660 feet South and 20 feet East of the NW corner of said 40 acre tract and running thence East 640 feet to Skull Creek, thence North- westerly with Skull Creek to the SE corner of one acre tract of land owned by the City of Fayetteville, Arkansas, and occupied by the City's sewer pump station; thence West 208 feet, more or less, to the SW corner of said one acre tract; thence Northwesterly 177 feet, more or less, to the NW corner of said one acre tract; thence West 40 feet; thence South 160 15' East 525 feet; thence West 420 feet; the��t1¢e South 160 feet to the place of beginning. The motion was seconded by Clark MCC��nton and passed unanimously. RESOLUTION PC 20-65 WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 12, 1965, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the hearing the Planning Commission voted to make a recommend- ation to the City Council on the rezoning petition of Jack A. and Irene Carlisle. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE CITY COUNCIL OF THE • CITY OF FAYETTEVILLE, ARKANSAS. 25 SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-2 Two Family Residential District and I-lA Light Industrial District to R-4 • Multi -Family Residential and Dormitory District the property described as follows: Part of the Northeast Quarter (NE�) of the Southwest Quarter (SW ) of Section 9, Township 16 North, Range 30 West, beginning at a point 660 feet South and 20 feet East of the Northwest corner of said 40 acre tract and running thence East 640 feet to Skull Creek, thence Northwesterly with Skull Creek to the Southeast corner of one acre tract of land owned by the City of Fayetteville. Arkansas, and occupied by the City's sewer pump station; thence West 208 feet, more or less, to the Southwest corner of said onecacre tract; thence Northwesterly 177 feet, more or less, to the North- west corner of said one acre tract; thence West 40 feet; thence South 16° 15' East 525 feet; thence West 420 feet; thence South 160 feet to the place of beginning. SECTION 2. That the above-described property be rezoned from R-2 and I-lA to R-4 so that the land may be developed for multi -family residential use. PASSED AND APPROVED this 12f 'day of 6262!¢ /moi , 1965• APPROVED: On motion by Henry Shreve, seconded by Bryan Walker, the Planning Commission unanimously voted to recommend to the City Council the rezoning from A-1 Annexed Territory to R-lA Single Family Residential District property on the east side of Buckner -Braden Road more particularly described as: A part of the SW� of the NWS of Section 12, Township 16 North, Range 30 West of the Fifth Principal Meridian, being described as follows: Beginning at the SW corner of said 40 acre tract; thence North 01 9' East 1326.0 feet; thence East 1000.0 feet; thence South 00 9' West 1326.0 feet; thence West 1000.0 feet to the point of beginning, containing 30.44 acres, more or less. RESOLUTION PC 21-65 WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 12, 1965, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the hearing the Planning Commission voted to make a recommend- ation to the City Council on the rezoning petition of the Planning Commission. • NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY..OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from • A-1 Annexed Territory District to R-lA Single Family Residential District the property described as follows: Part of the Southwest Quarter (SWr) of the Northwest Quarter (NW�) of Section 12, Township 16 North, Range 30 West of the Fifth Principal Meridian, being described as follows: Beginning at the Southwest corner of said forty acre tract; thence North 0° 9' East 1326.0 feet; thence East 1000.0 feet; thence South 01 9' West 1326.0 feet; thence West 1000.0 feet to the point of beginning, containing 30.44 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1 to R-lA so that the land may be developed for single family residential use. PASSED• i✓ _ . The petition of Joe B. Morris and Virginia Morris was given consideration. On motion by Henry Shreve and seconded by Alan Gilbert the Planning Commission voted unanimously to recommend to the City Council the rezoning from R -1B Single Family • Residential District to C-2 Thoroughfare Commercial District property described as follows: A part of the SE� of the SE� of Section 26, Township 17 North, Range 30 West of the Fifth Principal Meridian and being more particularly described as begin- ning at a point 420.0 feet East of the Northwest corner of said forty acre tract; thence South 210 feet; thence West 75.4 feet; thence North 210 feet; thence East 75.4 feet to the place of beginning. RESOLUTION PC 22-65 WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 12, 1965, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the hearing the Planning Commission voted to make a recommend- ation to the City Council on the rezoning petition of Joe B. and Virginia Morris, NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District • the property described as follows: 27 A part of the Southeast quarter (SE4) of the Southeast quarter • (SEk) of Section 26, Township 17 North, Range 30 West of the Fifth Principal Meridian, and being more particularly described as beginning at a point 420.0 feet East of the Northwest corner of said forty acre tract; thence South 210 feet; thence West 75.4 feet; thence North 210 feet; thence East 75.4 feet to the place of beginning. SECTION 2. That said rezoning be for the purpose of placing property owned by Joe B. and Virginia Morris in the same zoning classification so that the property may be developed for commercial purposes. • E PASSED AND APPROVED this / qday After discussion of the petition of Jerry Sweetser for rezoning of property from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District, on motion by Henry Shreve, seconded by Ernest Jacks, the Planning Commission voted unanimously to recommend to the City Council thatthe petition of Jerry Sweetser for the rezoning from R -1B to C-2 of property described herewith be denied but that consideration be given to rezoning from R -1B Single Family Residential District to R-4 Multi -Family Residential and Dormitory District property described as: A part of the SE� of the NW4 of Section 9, Township 16 North, Range 30 West, more particularly described as beginning at a stone at the SE corner of said 40 acre tract,and running thence North 350 feet; thence West and parallel with south line of said 40 acre tract to the east line of right of way of St. Louis - San Francisco Railway thence southwesterly along said east line of right of way to the south line of said 40 acre tract, or to a point due west of beginning; thence east to the point of beginning, containing 3 acres, more or less, except a 30 foot strip off the South end for public road, also except a 30 foot strip off the east side for public road. RESOLUTION PC 23-65 WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 12, 1965, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a•mewspaper of general circulation; and WHEREAS, after the hearing the Planning Commission voted to make a recommend- ation to the City Council on the petition of Jerry Sweetser for rezoning. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMPIISSION TO THE CITY COUNCIL OF THE CITY OF FAYE=ILLE, ARKANSAS, SECTION 1. That the petition of Jerry Sweetser for the rezoning of property as described in Section 2 hereof from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District be denied; and • SECTION 2. That consideration be given to enacting an ordinance for the purpose of rezoning from R -1B Single Family Residential District to R-4 Multi - Family Residential and Dormitory District the property described as follows: A part of the Southeast Quarter (SES) of the Northwest Quarter (Nd ) of Section 9, Township 16 North, Range 30 West, more particularly described as beginning at a stone at the Southeast corner of said 40 acre tract and running thence North 350 feet; thence West and parallel with South line of said 40 acre tract to the East line of right of way of St. Louis - San Francisco Railway thence Southwesterly along said East line of right of way to the South line of said 40 acre tract, or to a point due West of beginning; thence East to the poing of beginning, containing 3 acres, more or less, except a 30 foot strip off the South end for public road, also except a 30 foot strip off the East sidefbr public road. SECTION 3. That said R-4 multi -family zoning of the above-described property is more desirable land use. PASSED AND APPROVED this XQ da • There being no further business, the meeting was adjourned. I] Respectfully submitted, Date: �• G