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HomeMy WebLinkAbout1973-07-24 Minutes• The Fayetteville in the Directors Members Present: Members Absent: Others Present: MINUTES OF A PLANNING COMMISSION MEETING Planning Commission met at 4:00 P.M., Tuesday, July 24, 1973, Room, City Administration Building, Fayetteville, Arkansas. Marvin Murphy, Christine Childress, Donald Nickell, Roy Clinton, Ernest Jacks, Helen Edmiston. Morton Gitelman, Al Hughes, John Maguire. Faye M. Cosgrove Smith, Larry Wood, Mayor Russell Purdy, City Manager Donald Grimes, Jerre Van Hoose, Wells Bone, Gene Lynch, Gene Jordan, Bryce Davis, City Attorney David Malone, Dayton Stratton, Kirk McClelland, Dr. Clayton Brunson, Keith Robbins, Chairman Roy Clinton called the meeting to order. The minutes of the June 26, 1973, Planning Commission meeting were approved as MINUTES mailed. The public hearing on Rezoning Petition R73-27, Faye M. Cosgrove Smith, PETITION R73-27 to rezone property located at 103 Florene Avenue, from A-1, Agricultural FAYE COSGROVE S4IIli District, to R-2, Medium Density Residential District was continued from July 10, 1973. Mrs. Smith was present. She stated the reasons for requesting the rezoning was because she wanted to have a home barber shop for her husband to operate. Mr. Smith is semi -retired and gets a small World War II pension. He wants to supplement his income. Mrs Smith said there is a 40 ft. space South of her two lots for a future street. The Leo Thomas property South of the future street has already been rezoned to R-2. There was no opposition present. Ernest Jacks moved to recommend to the Board of Directors the Mrs. Smith's North lot be rezoned to R-2. Helen Edmiston seconded the motion. Bobbie Jones, Planning Administrator asked whether they will rezone the South lot also. It is presently A-1 and unless it is zoned to R-1, she cannot sell either lot separately. Mr. Jacks said he had not intended this. His motion was based on a hardship viewpoint to allow a barber shop. He thought the South lot should be left A-1. The motion to recommend that the North lot be rezoned to R-2 was approved unanimously. The public hearing had been held on Rezoning Petition R73-1, Carl Duncan, to rezone property located on the North side of Highway 16 East and East of PETITION R73-1 Wayne Hinkle's Mobile Home Park, from C-1, Neighborhood Commercial District, CARL DUNCAN to C-2, Thoroughfare Commercial District on July 10, 1973. No action had been taken on this petition. Walter Niblock, Attorney for the Petitioner, had been present at that meeting. Ernest Jacks, Acting Chairman at the July 10 meeting, had informed those present that if no action was taken on this petition ,by the Planning Commission within 45 days.from the date of the public hearing, it would go to the Board of Directors as though recommended for approval. No one was present on behalf of the petitioner at this meeting. Donald Nickell said that at the July 10 meeting. he had made a motion to deny the petition because we have been guarding that area and actually turned down Wayne Hinkle. There had been no second to his motion. Mr. Nickell- said he could not, in all honesty, see why turn one individual down and turn around and dosomething for someone else. He said if we allow this petition to be approved, he saw no reason why we shouldn't allow Mr. Hinkle's also. There was some further discussion. Donald Nickell moved that Petition R73-1, Carl Duncan, be denied until we see fit to rezone the whole area there and give each property owner an opportunity. Helen Edmiston seconded the motion which was approved unanimously. • • Planning Commission -2- 7-24-73 The Planning Commission had asked Larry Wood to re-examine the depths of LAND USE PLAN proposed commercial zoning along Highway 62 West if service roads are to Hwy. 62 W be required. This was in relation to the recommendations of the Board Street Committee and the Board of Directors for revisions to the Land Use Plan for Highway 62 West between Highway 71 By-pass and the City Limits. The Planning Commission's original recommendation was based on controlling the spacing and number of access points and the depth of zoning had been somewhat different from the recommendations of the Board Street Committee which recommended service roads -- frontage for commercial and backage for residential. Mr. Wood displayed a map on which he had laid out the service roads, original zoning depth, and recommendations for changes in zoning depth. Presently the depth on the North side of Highway 62 between the service road and the By-pass after the service road id taken off the South is 210 ft. It tapers down to 130 ft. between the future service road and One Mile Road. On the South side of Highway 62 he did not lay anything off. There is just not enough depth the way we have had it shown. If we do come in with a service road here, we will have to consider coming in South of the ditch. West of Farmer's Drive, we are running about 300 ft. deep including the service road. There are only two places Mr. Wood could see with problems: on the North side between the service road to the By-pass and One Mile Road, and on the South side around Farmer's Drive. The zoning ordinance does contain a provision for allowing a 50 ft. extension of the zoning boundary where zoning splits property. Helen Edmiston asked if it is desirable to have a service road on both sides of the highway. Mr. Wood said that would be more equal treatment of the property owners on both sides. He personally favored service roads. It is much safer and you can more effectively control access. Getting service roads in place is many more years down the line than with access control. The only way you will see it is if all of that property is developed. Chairman Clinton said the Commission's primary concern at this time is, (1) should we have access roads? (2) if we have access roads, should we increase the depth of the zoning? (3) there are several corners which the Board of Directors had felt should be residential other than commercial. Mayor Purdy asked Mrs. Edmiston for her opinion assuming Highway 62 will be a busy, four -lane highway in X number of years, will people build homes there? Mrs. Edmiston did not think they would. Mayor Purdy said he could not imagine people building homes there; it is difficult to even imagine multi -family that close to a busy highway. Larry Wood said that a lot of it depends on the nature of the development you encourage over the years. He thought we would see a four -lane, facility on Highway 45 in the future; yet the nature of Highway 45 is residential because the commercial has been held back. Chairman Clinton asked if they felt we should have service roads on both sides of Highway 62. Donald Nickell said he would not want to put it on one side and not on the other. City Manager Donald Grimes suggested it might be less congested to bring traffic off the service road directly onto Highway 62 rather than bringing it into roads that intersect onto Highway 62 themselves. Traffic could move in and out without backing up. Larry Wood said this concept would have to be handled carefully or you will get into a 3 -way conflict. Chairman Clinton said the engineering part would have to be worked out. Ernest Jacks thought if the Commission favored service roads, they should have Larry Wood go on and draw out the service roads for their approval. Donald Nickell and Helen Edmiston thought the northwest corner of the One Mile Road and Highway 62 should be left commercial with a depth sufficient for the service road and then 160 ft. North of the service' road. The Commission decided to leave the land use for the West side of Smoke House Road residential. Ernest Jacks moved to ask Larry Wood to reconstruct the proposal along the guide- lines discussed and give him leeway along the general comments they have made to work the plan out. Helen Edmiston seconded the motion which was approved unanimously. • Planning Commission -3- 7-24-73 The next matter on the agenda was approval of the Preliminary Plat AZALEA TERRACE of Azalea Terrace, a proposed subdivision, submitted by Brookside, Preliminary Plat Inc. for property located Southeast of Old Wire Road and North of Township Road extended. Wells Bone and Jerre Van Hoose were present to represent the proposed subdivision. Ernest Jacks reported there were a number of minor details to be worked out such as drainage, etc. There are 2 large questions: (1) Brookside East Subdivision is immediately to the South. There is a flood plain along a creek that separates these two subdivisions. A question came up about tying, or at least dedicating property, so Azalea Terrace can be developed across the creek. Jerre Van Hoose said that Brookside East has actually left space for this tie. The subdivider proposes to build the street to points either side of the creek. If they can enter into a point agreement with the City to bridge the creek, they would actually build the street. City Manager Donald Grimes said he personally hoped an agreement could be worked out. When you get into mayor drainage structures of this size the developer cannot afford to pay the cost. At one other location in town, the City has made a commitment to build a bridge. This might could be included in our next budget which would be effective January 1, 1974. He said he would make that recommendation to the Board of Directors. Ernest Jacks said that the second question was about whether or not this flood plain should be dedicated to the City. City Manager Donald Grimes said he was not sure; if, it is just there as a wooded area in its natural state, that is fine. He did not want the City to have to get in there and mow it because it is rough and rocky. Ernest Jacks asked him what his recommendation in this particular case was. Mr. Grimes said that in this particular area it appealed to him. It is used as a play area and so forth. Chairman Clinton said that we are going to be getting into some outlying, off - the -hill areas for development now. We will see more flood plain areas which are not good for anything except open area. Until the City has a workable program, he thought it should dust remain dead space. Ernest Jacks asked Wells Bone if he would be willing to give the land to the City. Mr. Bone said he would just love to give it to the City Later on down the line if it looks like he cannot, they could just give it to the individual lot owners. Jerre Van Hoose said that once this goes into individual ownership with the lot line to the center of the creek, there will be problems. They will make some improvements on it. Chairman Clinton requested that Mr. Grimes give the Commission a directive on what he wanted done on this. Would he place this in the area of Parks and Recreation? Ernest Jacks moved to approve the Preliminary Plat of Azalea Terrace contingent upon them working out the tie across the creek with the City to everyone's mutual advantage and to working out the drainage details. Wells Bone said there is one other problem ---the Plat Review Committee recommended a 60 ft. right-of-way coming off Old Wire Road. The developers cannot provide that as there are other houses there. Jerre Van Hoose said that the existing houses all face Old Wire Road and the lots in this subdivision will all face other streets. A 60 ft. wide street would, the cost of bridging the creek. Gene Lynch, 2766 Elizabeth, lives in Oak Manor Addition. He was present to represent a Butterfield Trail Group. They have expressed concern about the proposed development. The major developments in that part of town have high cost homes; a lot of houses worth more than $50,000. He thought this cost would be twice what the houses in the proposed subdivision would be worth. The lots in the proposed subdivision would be smaller. Butterfield School was recently expanded and probably more poorly equipped as far as playground equipment is concerned. There is still no stop light at Rolling Hills Drive. He said he was speaking out because of the amount of taxes they pay. Planning Commission -4- 7-24-73 Gene Jordan, adjoining the subdivision on the end of Colette Street, though the size of the lots in this subdivision would decrease the value of the adjoining • property. We have not only Old Wire Road, Rolling Hills Drive, Old Missouri Road poorly maintained. They are heavily travelled and are used as evasion routes to keep off Highway 71. Also the school is overcrowded. Forty units would magnify the condition of Colette Street. Mr. Jordan said the size of the lots scare him. William E. Cook, corner of Yvonne and Colette, asked what type of houses they would build. Wells Bone said they might sell lots and they might build homes. If they build the houses, they would probably be somewhere around $25,000. Gene Lynch said that if the Commission would like to hear from a larger group of property owners, they could have them for the next meeting. He said he could also get together a group of people to meet with Kelley Brothers. Chairman Clinton told Mr. Lynch, Mr. Cook, and Mr. Jordan that this is not really in the Commission's pervue. He said he was faced with the same thing out where he lived. We have established minimum lot size requirements. The Commission cannot say this isn't good or bad for this area. What they can say is this is good or bad for R-1 and have to work under those guidelines. That being the case, the Commission cannot feasibly turn a group or these people down, as long as they fall within the reasonable framework we have to operate on those guidelines. This will go to the Board of Directors for final approval. Jerre Van Hoose said that the subdivision can be constructed before the final plat is brought back. Ernest Jacks said that this means that the streets and utilities can be constructed before the final plan is brought back. Ernest Jacks repeated his motion to recommend that the Commission approve this subdivision with: (1) the stipulation that they work out the connection of Azalea Terrace across to Brookside East with the City; and (2) stipulation that they meet the City requirements on minor technical problems such as drainage, etc. Helen Edmiston seconded the motion. It was approved unanimously. • • The continuation of the study of the area bounded by Highway 71-B on the STUDY OF East; Highway 16 By-pass on the North and Highway 71 By-pass on the West CATO SPRINGS and South was postponed until a time when Morton Gitelman could be present. AREA A conditional use request had been submitted by Fred Hawn for a duplex FRED HAWN in the R-1, Low Density Residential District, to be located at 1359- 1359-1.361 Township 1361 Township Road. Mr. Hawn has submitted the mail receipts where he notified the adjoining property owners. Chairman Clinton said there are now 2 duplexes on the South side of Township Road. This would be immediately East of those 2 duplexes. There was no one present to oppose the request. Ernest Jacks recommended the conditional use request be approved. Christine Childress seconded the motion. Murphy, Childress, Nickell, Clinton, and Jacks voted "Aye." Edmiston abstained. A large scale development plan and conditional use request had been submitted by Trinity Temple, 1100 Rolling Hills Drive. This would also include Planning Commission approval of use of off-site parking. Ernest Jacks reported TRINITY TEMPLE that the Planning Office cannot figure the amount of parking needed until the church furnishes it with the square footage of the sanctuary Mr. Jacks moved that this be continued until the church furnishes the Planning Office with the information it needs on parking. Donald Nickell seconded the motion which was approved unanimously. There was no one present to represent this request. A large scale development plan and conditional use request had been submitted by University Baptist Church, 315 West Maple Street. This also includes Planning Commission approval of off-site parking. Ernest Jacks reported UNIVERSITY BAPTIST CHURCH there are still some gaps in the parking. • Planning Commission 7-24-73 -5- Bryce Davis represented the church. He said they have attendants that make sure the cars are parked properly. If anyone parks wrong, they leave their key in the car and the attendants move it. Mr. Jacks asked Mr. Davis if the church has adequate parking from now until the time they tear out the old houses they are using for classrooms. Ernest Jacks moved to approve the large scale development plan contingent upon further evidence being given to the Planning Office that sufficient parking according to the City regulations is within 300 ft. of the structure to take care of this intermediate time before the educational building can be built. Bryce Davis said that none of the houses they have on West street could be used at this time. They have 6 houses that will be torn down; it may be within a year. They cannot tear them down until they build the new educational building. They have a real problem if they tear those buildings down, of having some place to put the people. The houses on West Avenue cannot be torn down yet. He asked if on -the -street parking could be counted. Bobbie Jones said the ordinances says off-street parking. Ernest Jacks said there had been some talk about trying to get right-of-way to straighten out the intersection of Maple and Vandeventer. Mr. Davis said he did not think they could give the right-of-way and set the parking 25 ft. off the street. Mr. Jacks said this setback of parking could be appealed to the Board of Adjustment. Pastor McCarty's assistant said they cannot tear down the buildings until they get new buildings to move into. He said he knew there would be a time lapse. City Attorney David Malone said that if there is going to be a period of time after the building is built before they tear down the old ones they need to go to the Board of Adjustment for a variance. If there is not going to be a period of time, then Harold Lieberenz should just hold up the Certificate of Occupancy. Ernest Jacks amended his motion to approve the large scale development plan contingent upon parking being met and to approve off-site parking. Any other approval necessary would have to come from someone else. Marvin Murphy seconded the motion. It was approved unanimously. A large scale development plan had been submitted by Judge Maupin MAUPIN CUMMINGS Cummings for property on the North side of Highway 62 West and lying Highway 62 W between Lewis Avenue and Eastern Avenue. Dayton Stratton was present L.S.Development to represent the plan. Ernest Jacks reported that they had submitted a revised plot plan according to the comments of the Plat Review Committee; although there is still some question about whether there is sufficient maneuvering room for the loading dock. Ernest Jacks moved to approve the plan contingent upon working out the loading dock area with the City people. Helen Edmiston seconded the motion. It was approved unanimously. A large scale development plan had been submitted by Don Purvis, Purvis McILROY PROPERTY Sporting Goods, 2335 North College Avenue, for Mcllroy Property (including N.College Enterprise Sight & Sound and SpeeDeeMart locations). L.S.Development Ernest Jacks gave a report of the Subdivision Committee review of this plan and moved to approve the plan contingent upon them working with the City Engineer and obtaining easements they need for sewer along the West property line. Helen Edmiston seconded the motion. It was approved unanimously. A large scale development plan had been submitted by Hatfield Pontiac & Cadillac for property on the southwest corner of Highway 112 and Highway 71 By-pass. Ernest Jacks moved that the proposed plan be approved contingent upon HATFIELD PONTIAC & CADILLAC Hwy. 112 & 71 L.S. Development Planning Commission 7-24-73 0 the following stipulations as outlined in the previous meetings of the Plat Review Committee and the Subdivision Committee: (1) additional right-of-way required on Highway 112 and the County road; (2) the curb cut that is too close to the intersection of the service road and the County road be moved; (3) the body shop be moved away from the By-pass; and (4) they satisfy the City Engineer on fire protection. Donald Nickell seconded the motion which was approved unanimously. The next item was approval of the Preliminary Plat of a commercial subdivision off the east side of North College Avenue submitted by White, COMMERCIAL SUBD Brophy, & Malone. White, Brophy, & Malone David Malone was present to represent the proposed subdivision. He said Preliminary Pte, that if the Commission felt the need for independent legal advice, he would suggest that the proceedings be stopped and that legal advice be obtained. Ernest Jacks reported that the Planning Office still needs the signatures of the adjoining property owners. Mr. Malone said that he realized that this development is less than perfect because they have a piece of property that is less than perfect. The Seay property to the East seems to be completely landlocked and they have tried to leave room so it is possible to get into it. He said he had had enough discussions with the people in Oak Manor Addition to know they don't want a street put through from Oak Manor. They do not have sufficient right-of-way and it is impossible to put one through there. Mr. Malone also said he did not think it desirable; homes should not be subjected to commercial development. The plat has left an easement to the North so that road could be extended to the North should the property owner to the North determine that to be desirable. There is a 40 ft. easement which was granted to the previous property owner of this property by the previous owner of the lots on Oak Manor which Jack Burge now owns. He said that because of the plat covenants and because it is only a 40 ft. easement, he did not think it is worth the paper it is written on. They have a buyer for Lot 1 in this subdivision for a motel if the subdivision can be approved. He thought Lots 1, 2, 3, would develop into something that would orient itself toward Highway 71; Lot 5 would develop nicely for office space; Lot 4 may have to be written off as unuseable. Ernest Jacks moved to approve the preliminary plat subject to their getting the adjacent property owners signatures. Donald Nickell asked about the name of the street. David Malone said they know this will have to be changed. City Manager Donald Grimes said he would like for them to find some way we could help them meet the frontage requirement so they could sell lots and the City would not have to maintain the street. Helen Edmiston seconded the motion made by Ernest Jacks. The motion was approved unanimously. City Manager Donald Grimes said he would like to pursue the vacation of that 40 ft. easement through the Oak Manor Subdivision. David Malone said they would have no objection to that if they could retain a 10 ft. easement for water and sewer lines. A large scale development plan for "Grandma'sSteakhouse" to be located West of Johnson Road had been submitted by Kirk McClelland. Mr. McClelland was present. Ernest Jacks reported they are proposing to develop that access across the North of the tract with a cul de sac. The question is whether this is a private drive or a public street. Bobbie Jones said that Harold Lieberenz had instructed the Planning Office that if this is not to be considered a public street, he would require some proof in the form of a letter or statement from the County Judge or some other official source to that effect. Donald Nickell said that he recalled Mrs. Young saying it was a public road when GRANDMA'S STEAKHOUSE Johnson Road Planning Commission -7- 7-24-73 the land was rezoned. Marvin Murphy said that it had been used as a street for a long time. There was some discussion about how the University might feel about this as a private drive or a public street. Ernest Jacks moved to approve the large scale development plan. Marvin Murphy seconded the motion. Murphy, Childress, Nickell, Clinton, and Jacks voted "Aye." Edmiston abstained. The motion passed. A conditional use request had been submitted by United Community Services • U.C.S. to use property at 720 Stone Street for a "Youth Attention Home." YOUTH ATTENTION HOME Dr. Clayton Brunson and Keith Robbins were present to represent the 720 Stone Street request. Conditional Use. Ernest Jacks said that usually the Subdivision Committee does not look at conditional uses unless they involve subdivisions or large scale developments, but that Mayor Purdy had asked them to look at this one in view of the Major Street Plan. The Planning Office could not tell from the maps they have whether the Major Street Plan shows a street on the East or West side of the railroad tracks. Chairman Clinton asked what improvements the United Community Services intends to make on the property. Dr. Brunson said they plan to do about $8,000 in work on the larger building show on the property; the smaller one would have an office type structure with some work in it. Hopefully the area down below could be developed into a play- ground or this type of facility. Other than that, there are no plans for putting any additional improvements on it. Dr. Brunson outlined the type of children that would b� housed on the premises and the function of the facility. These would be referred from the Juvenile Court; they would not be criminals, but would be young people who have problems and would be free to come and go. They would • attend public school. One example of the type cases involved is where parents have deserted their children and the children had no place to go. The home would be operated as a home with live-in parents; at least one will be on duty 24 hours a day. When they have to be away there will be replacements. They will be subjected to discipline and will be given counseling. Larry Wood said he did not think the Major Street Plan comes through this property. Ernest Jacks asked how they would feel if the situation did develop so the street would want to sweep through there. City Manager Donald Grimes said this is very much in the City's thinking now ---to come down University Avenue to the railroad tracks and then to Hill Avenue. Larry Wood suggested they might want to vacate that portion of Stone sometime. Mr. Grimes said he would be interested in working on this in exchange for right-of-way. Ernest Jacks moved to grant the conditional use request for the "Youth Attention Home." Marvin Murphy seconded the motion, which was approved unanimously. Helen T. Edmiston had submitted a request for the Planning Commission to HELEN EDMISTON review a piece of property on East Township Road as a proposed condominium REVIEW FOR (P.U.D.) location. The property is 198 ft. wide and about 1122 ft. deep. PUD Ernest Jacks said the question seems to be the lane which Mrs. Edmiston would like to leave in its present width and condition. Chairman Clinton said he did not think there is any way it could be done that way. The Commission could not let anybody use a country lane to serve X number of apartments off. He thought that to use the lane would ruin the intent of the PUD itself. The feasibility of having a serpentine drive through the property which would access into the lane just before the lane intersects Township Road was discussed. This seemed the only possibility. The matter was left for • Mrs. Edmiston to study further. Planning Commission -8- 7-24-73 Ralph Brophy had submitted a request for a waiver �f subdivision RALPH BROPHY requirements to permit him to sell a parcel of property immediately Request for • North of a platted lot in Brophy Addition. The parcel in question has Subdivision waiver never been subdivided. City Attorney David Malone said that Mr. Brophy had previously submitted a preliminary plat showing the overall parcel at one time and the final plat on a portion of it. He suggested that if Mr. Brophy would enter into a contract to do a street loop and file a final plat, the City could release this lot after he does a portion of the loop. Helen Edmiston moved that the Commission request that Mr. Brophy give us a final plat showing the loop between Karyn and Jimmie Lane with a contract to do it in stages and the lots to be released as the stages are completed shown on the plat. Donald Nickell seconded the motion which was approved unanimously. The meeting was adjourned at 7:00 P.M. • • J • RESOLUTION PC ZS- 73 =J WHEREAS, a public hearing was held by the Planning Commission, Tuesday, July 2i', 1973, 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 public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R73-27, Mrs. Faye M. Cosgrove Smith. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to R-2, Medium Density Residential District said real estate. LEGAL DESCRIPTION: Part of the NEI, NW* of Section 7, T -16-N, R -30-W, and more particularly described as follows, to -wit: Beginning at a point 40 feet Northcand235,feetcWest of the SE corner of said 40 acre tract and running thence North 88.6 feet; thence West 160 feet; thence South 88.6 feet; thence East 160 feet to the point of beginning. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District to R-2, Medium Density Residential District, so that the petitioner may have a home barber shop. '" PASSED AND APPROVED this 2t. day of JULY , 1973• APPROVED' ROY CLINTON, Chairman RESOLUTION PC 26- 73 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, July 24, 1973, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the petition of Mr. Carl Duncan for rezoning; R73-1 NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the petition requesting the rezoning of property, described as follows, from C-1, Neighborhood Commercial District to C-2, Thoroughfare Commercial District' be denied. LEGAL DESCRIPTION: A part of the West 5 acres of the East 10 acres of the West 20 acres of that part of the SWk, SEk, of Section 13, T -16-N, R -30-W, lying North of Arkansas State Highway No. 16, described as follows: Beginning on the centerline of said highway at the SE corner of said 5 acre tract, and running, thence Westerly with the centerline of said highway 104 feet; thence North 208 feet; thence East 104 feet more or less to a point due North of the beginning point, containing one-half acre, more or less. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSFD AND APPROVED this 246 day of :0-1;0( , 1973. APPROVED* ROY CLINTON, Chairman 1