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HomeMy WebLinkAbout1973-09-25 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, September 25, 1973, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Chairman Roy Clinton, Ernest Jacks, Donald Nickell, Marvin Murphy, Helen Edmiston, Al Hughes. Members Absent: Christine Childress, John Maguire, Morton Gitelman. Others Present: Larry Wood, Attorney F. H. Martin, Mayor Russell Purdy, Loris Stanton, Attorney E. J. Ball, Charles Hight, R. Frank Sharp, Marion Orton, David McWethy, Jim Roy, City Attorney Jim McCord, Clyde Crouch, Walter Losey, Bill Carmichael, Dayton Stratton, Pat Tobin, Bobbie Jones. Chairman Roy Clinton called the meeting to order. The minutes of the August 14 and September 11, 1973 Planning Commission meetings were approved as mailed. MINUTES The first item was consideration of recommendations contained in the PETITION R73-31 Planning Report on Rezoning Petition R73-31, Steele Investment Company, STEELE INV. CO. to rezone property located on the South side of Highway 71 By-pass and on Hwys. 71 & 71B the West side of North College Avenue (Highway 71 North). Chairman Clinton explained that the recommendations had been tabled at the last Planning Commission meeting; the denial of the entire petition had been appealed to the Board of Directors; and the Board of Directors had referred the petition back to the Planning Commission for consideration of and a recommendation on the Planning Report proposal to split the zoning. Chairman Clinton asked Larry Wood if he had anything he wished to add at this meeting. Mr. Wood did not. Chairman Clinton asked F. H. Martin, Attorney for the Petitioner, what they would like for the Commission to do. Mr. Martin said the Petitioner would like for the Commission to consider the petition to rezone the entire 45 acres. He said the petition had been sent back to the Commission by the Board of Directors. Ernest Jacks said that the information which the Commission had was that the " . Board of Directors referred the matter back to the Planning Commission for their consideration and recommendation on the Planning Report to split the zoning." Mr. Jacks asked Mayor Purdy if this was correct. F. H. Martin said that he had understood that the Board of Directors took no action other than to refer it back to the Commission. He requested the entire petition be considered. He said the Board had implied that they wanted some action from the Commission on the split, but that they had referred the entire thing back to the Commission. Director Loris Stanton said that he had made the motion that the petition be referred back to the Planning Commission. He said that as he recalled the motion was that the Board did not want to override the Planning Commission decision. He said there was going to be no action on it at all, which would just leave it in limbo; therefore he had made the motion to send the petition back to the Planning Commission. He added that he believed it did include the recommendation that it be considered on the split zoning because the ordinance requires that if it is turned down they must wait a year before they can repetition. He said that in order to keep the matter before the Planning Commission and not have a flat turn down by the Commission, the Board had referred it back to the Commission. Chairman Clinton said that the Commission would have to vote unanimously to rehear the petition for the entire 45 acres to be rezoned commercial. Mr. Stanton said he '-1 • Planning Commission -2- 9-25-73 did not believe the feeling of the Board was that they were referring this to the Commission particularly for this one thing as a directive; it was just referred back to the Commission for reconsideration. Mayor Russell Purdy said that as far as he himself was concerned, he was interested in knowing what the Planning Commission had in mind on the split. He added that the Board really wanted to know what the Commission's thoughts were on an ultimate proposal and that the Board had actually taken no action on the petition. Chairman Clinton asked the other members of the Commission if they wished to rehear the petition to rezone the entire 45 acre tract. He said, "If not let's talk to these gentlemen some more." Ernest Jacks stated that the Commission voted on that last time and requested the Commission consider the split. Donald Nickell agreed with Mr. Jacks. Mr. Jacks said the Commission had actually asked Mr. Steele if he was interested in the split and Mr. Steele had said he wanted to defer a decision on the split at that time Chairman Clinton said he thought the Commission was willing to consider a request to cut the request for commercial down to 8.9 acres across running along Highway 71B He invited discussion on this and asked if anyone in the audience opposed the petition. No opposition was expressed. Ernest Jacks moved that the Commission approve rezoning for a lesser amount of C-2 on Petition R73-31, Steele Investment Company, than the original petition was for and that the Commission recommend to the Board of Directors the rezoning of that portion of this property which would be East of a line which is an extension of the West line of the C-2 property to the South. Helen Edmiston seconded the motion. E. J. Ball, also Attorney for the Petitioner, said they appreciated the Commission's position, but for the record they would like to stand on their petition as originally petitioned without any amendments given. He said they do plan to present it to the Board of Directors again. Marvin Murphy asked if the Commission voted for this motion as stated, would that mean they were voting against the previous motion on rezoning the 45 acres. Chairman Clinton said the rezoning of the entire 45 acres has already been voted down. Mr. Murphy stated he thought the entire 45 acres should be rezoned. The vote was taken to rezone to C-2 only that portion of the subject property lying East of a line which is an extension of the West line of the C-2 property to the South. The motion was approved unanimously. Chairman Clinton asked the Commission to consider the request by NORTHWEST NAT'L. BANK Northwest National Bank to place a temporary building on the site Temporary Bldg. for the future permanent building at Millsap Road and Front Street (East of Highway 71 B). A large scale development plan is to be processed before the permanent development takes place. Loris Stanton and Charles Hight were present to discuss the request with the Commission. Ernest Jacks reported the Subdivision Committee had looked at the proposal and had two questions: 1) The Committee felt they should obtain a variance from the Board of Adjustment on setbacks for the temporary building; and 2) How much parking will they have for the temporary building? Al Hughes stated that the City does have a number of temporary buildings that have become permanent facilities and that the Subdivision Committee had discussed some of them specifically. He said he thought the building should have some time at the end of which it is either removed, made conforming or something. He said that in the past evidently someone has approved temporary buildings that violated setbacks or something and that they are still there five years later. Planning Commission 9-25-73 Chairman Clinton said he thought that question would have to be answered by the Board of Adjustment. Loris Stanton said that the temporary facility will be a building leased from Worthen Bank and that it is anticipated that the temporary building will be removed as soon as the permanent building is occupied. He said it needs to be set far enough forward to allow construction of the permanent building to be carried on. Mr. Stanton introduced Mr. Charles Hight, Architect for the permanent building. Chairman Clinton asked if the Commission was being asked to approve a large scale development plan for the bank. Mr. Hight said a plan would be submitted for approval later, but they were not asking for approval of it at this time. He said the temporary facility would be a mobile home type structure 14 ft. by 60 ft. He said it would be located on the parking facility of the permanent building. He said they need to place the building closer to the street right-of-way than the required setbacks because they felt they needed some working area around this building to construct the permanent building. He also said the drive for the temporary building would not be a permanent drive and would just have a slurry seal on it. He added that the only actual permanent construction they would make for this building would be the approach as you go out on Front Street. He said they would go on and grade in part of the permanent parking lot. He informed the Commission that they have started working on the drawings for the permanent facility and said they could set a time limit of 18 months or so on the temporary building. Ernest Jacks said that if the Commission can be sure there will be sufficient parking for this building, that is all they are interested in and the Board of Adjustment can handle the question of the setbacks. Loris Stanton said the area behind the building will be developed for parking at this time because that building will be remodeled for office space. Helen Edmiston moved to grant the request to permit a temporary building to be placed on the future site of Northwest National Bank on the Northeast corner of Millsap Road,and Front Street. She stated that the Subdivision Committee only had two questions: 1) The applicants should go to the Board of Adjustment for a variancein setbacks. and 2) They should furnish the parking needed. Ernest Jacks asked that the motion be clarified to be contingent upon the variance being approved. Al Hughes seconded the motion. Mayor Russell Purdy said that since this is a mobile home that will be used for an office and since he has had people call him and say that if this applies to someone else that it should apply to them also, he asked to have this marked with a sign that this is a temporary structure. Mr. Hight said it will have a large sign saying that this is the temporary home of Northwest National Bank. Mr. Stanton said this really isn't a mobile home; it is a specially constructed mobile bank building. The motion to permit the placement of the temporary structure was approved unanimously. The Commission reviewed a large scale development plan submitted by OZARK MTN. SMOKE HOUSE R. Frank Sharp for Ozark Mountain Smoke House, for property located Hwy. 62 & Smoke House on the South side of Highway 62 West and on the West side of Smoke House L.S.Development Road. Mr. Sharp was present. Ernest Jacks reported that the Subdivision Committee had looked at the plan and the Plat Review Committee minutes. He reported everything in pretty good shape except: 1) A loading area is shown closer than 50 ft. to adjacent property and 50 ft. is the minimum setback. 2) Parking area entrances are not defined on the drawing as they should be. 3) There is some question as to how many parking spaces are needed. 4) We want to be sure to have 50 ft. of right-of-way on the road adjacent to this. and 5) The parking areas must be durable and dustless. R. Frank Sharp said that he would be sure there is 50 ft. between the loading area and adjacent property. Mr. Jacks said the drawing showed a lot of parking space and he could not believe Mr. Sharp really meant to pave all of it. Mr. Sharp said there would be driveways on each end of the parking area. Planning Commission -4- 9-25-73 It was explained to the Commission that when the zoning ordinance was amended to permit this particular use in A-1, there had been no standards for figuring parking spaces needed included. Since there were no standards for figuring parking requirements, the Planning Administrator would probably use the same requirements for the closest similar uses contained elsewhere in the ordinance. Chairman Clinton asked Mr. Sharp how many employees he would have and Mr. Sharp said there would be ten or fifteen at the most. Ernest Jacks said the parking lot shown was large enough for more than 20 cars and that unless the Planning Administrator finds other information he would accept 20 parking spaces. Marvin Murphy left the meeting. Mr. Jacks asked about additional right-of-way. Mr. Sharp said he thought he had already given 50 ft. for Smoke House Road out of this legal description. Ernest Jacks moved to approve the large scale development plan if 1) the loading area is straightened out, 2) the parking entrances are straightened out, 3) he provides at least 20 parking spaces, and 4) the parking lot be durable and dustless. Marion Orton, Director, asked about the two houses shown on the plan. Chairman Clinton said they are already existing. She said she was thinking about the frontage road plans that have not been completed yet. Al Hughes seconded the motion to approve the plan. Administrative Assistant David McWethy asked if Mr. Sharp had agreed to dedicate 5 ft. of right-of-way. Chairman Clinton said he had. Ernest Jacks said that what the motion was saying was that he is to get another drawing submitted meeting the criteria in the motion. The motion to approve the plan with certain conditions was approved unanimously. Attorney Jim Roy was present to represent the request of Farm Service Co-op USE UNIT for an interpretation of use units. Mr. Roy said that as the drawing INTERPRETATION shows, Farm Service Co-op proposes three separate areas of construction. Farm Serv.Co-op One will be a warehouse 40 ft. by 60 ft. that would store the ingredients that are used in the feed products. Another would be an office space adjacent to the warehouse that would be an office for Clyde Crouch and also to keep some of the warehouse records and other records for the Co-op. He illustrated where this building would go. He said the warehouse would have a basement and a ground floor and that they felt this is within the uses permitted in the I-1 District under the classification of warehouse. He explained that the third part of the request is for a 12 ft. by 30 ft. building approximately 8 inches above ground level. He said they wish to put a pellet machine in it and also a cooler to cool the pellets after they have been pressurized and put into a mold. He added that there are two pellet machines in the building currently existing and in order to house the cooler they need to construct some sort of shelter for the cooler and the machine. Chairman Clinton said he thought the primary aspect was whether or not there would be any danger of explosion. Clyde Crouch said there would not be any more danger than what they already have. Chairman Clinton asked if there would be a boiler. Mr. Crouch said that even with this machine it would not reach the 200 horsepower capacity of the boiler. Mr. Crouch indicated that he thought putting an additional machine on the boiler would actually decrease the danger of explosion. Mr. Roy said the cooler acts to draw the heat off. Donald Nickell asked about the pollution aspect. He was told there would be no particles or pollutant bits in the air, there would only be steam. Mr. Crouch said they have what they call collectors which catch the steam. He said there would be some fines go out in the collectors. He explained that sometimes they call these collectors a cyclone because they operate on the principle of a cyclone. He also said that the only thing which gets out in the air is the steam. The Commission discussed the question of interpretation of the uses as outlined. It was the general concensus of the Commission that the uses listed in Use Units 6, • • Planning Commission 9-25-73 -5- 17 and 21 taken as a whole are comparable to the outlined in the request for an interpretation. Ernest Jacks moved that the Commission interpret the usages outlined to be included in Use Units 21 and 22, with the storage portion to be considered as being included in Use Unit 21 and the manufacturing portion to be considered as being included in Use Unit 22. Helen Edmiston seconded the motion. Mayor. Purdy said he was aware the question of pollution had been raised, but he would like to know if there will be any more odor, dust, or noise pollution. He was told that there will not be any dust or noise and no more odor than exists. He said there is "quite a stink down there. Will that be increased?" Mr. Roy told him the question had already come up and that the odor did not really emit from their operation but from their company. Mayor Purdy asked if there would be any additional noise. Mr. Crouch said that this particular part would not make any additional noise to what they already have. Mr. Roy said the main noise, if any, comes from the steam boiler and that there will not be an additional steam boiler. The motion to interpret the usages outlined as being in Use Units 21 and 22 was approved unanimously. Farm Service Co-op had submitted a large scale development plan FARM SERVICE C0 -OP for additions to buildings. Hwy. 62 & Hwy 71 Ernest Jacks reported that the Subdivision Committee had reviewed L.S.Development the proposal and that the only thing that came up is that the City would like to have additional right-of-way on Highway 71 and Highway 62. He said there needs to be 100 ft. on both. Mr. Roy said these structures will not be anywhere near these rights-of-way. Mr. Jacks said he felt the Commission should discuss this. He said this is coming up on every large scale development and apparently the City is taking the position that when they have a large scale development plan this is the time to get the necessary rights-of-way. Mr. Roy said since their proposed buildings do not come within the plan and since the buildings are already in existence they did not assume that this would be included. He said he understood that when it is a new large scale development the Commission would consider it when it comes within the rights-of-way. He questioned whether this is the proper time to raise this question since the buildings have been in existence for quite some time. Mr. Jacks voiced the questions, "When is the time to do it. When does the City get the necessary rights-of-way for the Major Street Plan?" Chairman Clinton said that none of the buildings would encroach on that 20 ft. needed, but the 20 ft. would put the northwest corner of the store within 5 or 6 ft. of the new right-of-way. Chairman Clinton said the Commission does not have a workable solution to it because of the economics involved at the present tine. He said that obviously if the building had been in the proposed right-of-way, we would say, "No" and require them to move it back as far as new construction is concerned. He questioned the Commission's ability to make it a legal document binding upon them to require them to give the City 20 ft. Mr. Jacks said the Commission had just finished doing this with Frank Sharp. Chairman Clinton said Mr. Sharp had nothing within the right-of-way areas. Mr. Jacks said this question comes up with just about every large scale development plan the City has and most of them are additions to existing developments. Larry Wood said he was partly responsible for the recommendation on right-of-way that comes to the Commission. He said it was his recommendation to the Commission that they take every opportunity to acquire additional right-of-way. He added that there are only 4 ways to acquire right-of-way. He said that additional right-of-way is necessary to upgrade the street. He said that in seeking additional right-of-way when additions are made he would look at it that if they are causing an additional Planning Commission 9-25-73 load on the highway, they should not object to not causing the City to have to buy the right-of-way. Chairman Clinton said that giving the additional right-of-way would put some of their buildings in non -conformity and would increase their jeopardy. He said the plan submitted does not show the gas pumps at their service station and was not drawn to scale enough for him to check. He said the situation was similar to black mail. Mr. Wood said it is not any different from the subdivider subdividing land and dedicating a street to the City. Mr. Roy and Chairman Clinton disagreed with this statement. Mr. Roy said these buildings are not anywhere close to the right-of-way and he did not believe the traffic will be increased to that extent by this pellet machine. Chairman Clinton said that the Co-op has created a lot of traffic problems by the fact that they are there and by the fact that the City did not see the need a long time ago for additional traffic circulation. He said there is definitely some jeopardy established here on the part of Farm Service Co-op and he thought there is jeopardy on the part of the City having to come in for additional right-of-way and they say the City will have to pay X dollars for it. Administrative Assistant David McWethy asked Chairman Clinton if he did not think the Board of Adjustment would be more lenient if they could prove that the reason they have the problem is because they gave additional right-of-way. Chairman Clinton said they have never really seen this particular thing. He said the person caught in the middle is Farm Service Co-op. He asked the City Attorney, Jim McCord, about the problem and said this is the sort of arbitration where we are telling someone that if you want to improve your property anymore that at this time we want that additional right-of-way. City Attorney McCord said there was one instance where the City granted an ordinance whereby the person agreed to give the right-of-way at.a future date when the City needed it. He said an ordinance approving the large scale development could be approved on that basis and that he did not see any other solution. He suggested the Commission approve the large scale development plan and see what the Board of Directors did with it. Chairman Clinton said that Rene Diaz was the first one handled in the manner outlined by City Attorney McCord and that the reason then was that there was no determinate for where the centerline of the street was. He said this would be very workable for the City, but he did not know whether it would be workable for Farm Service Co-op. Mr. Jacks asked if he was referring to asking Farm Service Co-op to agree to give up to 50 ft. from the centerline of the highways. Chairman Clinton said he was. Walter Losey said there was some question about whether this was even a large scale development since the railroad tracks divide these operations. Chairman Clinton said it is a large scale development if it is one acre or more under single ownership. Ernest Jacks moved to approve the plan based on the contingency that the Farm Service Co-op make an arrangement with the City Attorney that is satisfactory about the right-of-way on Highways 71 and 62. Mr. Roy asked if they could enter into a contract that if they get this extension or improvement, that they would forego their right-of-way, that if the City got that right-of-way and that building was destroyed, they could get a new building permit without meeting setback requirements. He was referring to existing buildings which would be non -conforming in setbacks. Chairman Clinton said he was in favor of something that would assure that if the buildings were destroyed by some act that the buildings could be reconstructed so long as they are not in the new street right-of-way. David McWethey asked if the motion specifies how much right. -of -way. Mr. Jacks said sufficient right-of-way to make it conform to the Major Street Plan. Helen Edmiston seconded the motion for approval which was approved unanimously. • Planning Commission -7- 9-25-73 Chairman Clinton said he would like for the record to show that it is not necessary for this to come back before the Planning Commission, but that they are to prepare and submit a new plot plan to the Planning Office and to the Subdivision Committee for their approval. Planning Administrator Bobbie Jones said that Attorney Richard Hipp had requested that the request for waiver of subdivision requirements (lot splits) submitted by Warren West on Old Wire Road North be deferred until October 9, 1973. William B. Carmichael had submitted a request for waiver of subdivision WIC requirements (lot splits) to the Planning Office for property on the northeast corner of Winwood Drive and Highway 45 East. The Planning Administrator had referred the question to the Planning Commission. Mr. Carmichael was present. Ernest Jacks reported that the Subdivision Committee and that there are requirements for water, sewer and additional right-of-way on Highway 45. Mr. Carmichael said he had checked with the surveyor and it looks like there is presently 60 ft. of right-of-way on Highway 45 instead of the 50 ft. mentioned by Street Superintendent Clayton Powell. He said this would require an additional 20 ft. off his side and that this would not be a problem as far as he was concerned they could do that. He said they had shown a 7i ft. north lot line and someone had suggested another set lot lines of 5 ft. He said he 'would rather not give other lot line, but could do so. Ernest Jacks moved that the request be approved subject to the satisfaction of the City and utility companies about easements and subject to additional right-of-way requirements for Highway 45. Helen Edmiston seconded the motion which was approved unanimously. WARREN WEST Subd. Waiver B.CARMICHAEL Subd. Waiver had reviewed the request power easements and for utility easement along the of easements on the other another easement on the A large scale development plan had been submitted for East 16 Animal Hospital EAST 16 on Highway 16 East. Dayton Stratton was present to represent the plan. ANIMAL HOSPITAL Ernest Jacks reported that the Subdivision Committee had reviewed the L.S.Development proposal and that 80 ft. of right-of-way is needed for Highway 16; part of it only has 70 ft. of right-of-way; therefore, 5 ft. of right-of-way is needed for part of it. He said Stone Bridge Road needs 50 ft. of right=of-way and only has 40 ft. Mr. Jacks moved to approve this plan with the satisfaction of the additional right- of-way in conformance with the Major Street Plan on Highway 16 East and on Stone Bridge Road if Stone Bridge Road is dedicated on that side of the highway. Helen Edmiston seconded the motion which was approved unanimously. A large scale development plan had been submitted by Pat Tobin for property PAT TOBIN on Township Road. Mr. Tobin was present. Township Road Ernest Jacks reported that the Subdivision Committee had reviewed the L.S.Development proposal and outlined four points: 1) A variance in setbacks would have to be obtained from the Board of Adjustment. 2) Additional right-of-way for Township Road is required unless Mr. Tobin gave for this property when he gave on the property next door. 3) Entrances into the parking lot on the adjacent property have not been constructed as they were shown on the plan for that property and the City wants to be sure it is built with curb and gutter this time. and 4) the way the parking is drawn does not seem to be working out. Al Hughes'said there are still some building'violations on the first building. Mr. Tobin said he had talked to Harold Lieberenz, Building Inspector, about how close he -could build to the existing building. He said Mr. Lieberenz had told • • JP 1 c • Planning Commission -8- 9-25-73 him he could extend the brick out and attach to the other building and get by with that for 10 ft. Mr. Jacks explained that the Plat Review Committee had thought the parking for the two buildings would work better if they both had the same pattern for parking instead of one having angular parking. Mrs. Edmiston asked Mr. Tobin why a curb was not constructed on the other parking lot. Mr. Tobin said he was waiting to see what he was going to do on this property. City Engineer Paul Mattke had requested that this building be connected to public sewer. Chairman Clinton asked Mr. Tobin if he intended to do this and Mr. Tobin said he did. Mr. Tobin said the street deed he gave on his initial development did not cover the property this building is on. He said he was trying to get some space between the buildings because he has air conditioning equipment there. He said that with the land cut in half by the sewer and getting cut up by the City and State, it doesn't leave much room to do anything with. He said that by completing the additional parking on the existing building and the parking for the new building it would make for a more pleasant looking and safer driving. Ernest Jacks moved to approve this plan contingent upon 1) Mr. Tobin getting the necessary variance from the Board of Adjustment 2) dedicate additional right-of-way required by the Major Street Plan 3) he prepare a drawing to be approved by the Subdivision Committee showing where the parking, curb and gutter, and entrances will be for the whole parking area. Chairman Clinton said that permits for curb cuts will have to be obtained by Mr. Tobin from the Arkansas Highway Department. Donald Nickell seconded the motion which was approved unanimously. Bill Smith appeared before the Commission under "Other business" on a BILL SMITH conditional use request for an upholstery shop at 3 East Mountain Street. 3 E. Mountain He submitted a letter signed by all the surrounding property owners Conditional Use stating they had no objection to the upholstery business. Mr Smith said he would have new furniture to sell in addition to the upholstery stop. Ernest Jacks moved to approve the conditional use request of Bill Smith for an upholstery shop at 3 East Mountain. Al Hughes seconded the motion which was approved unanimously. The Commission continued its study of the area bounded by Highway 71-B STUDY OF CATO on the East; Highway 16 By-pass on the north ; and Highway 71 By-pass on SPRINGS RD. AREA the West and South, continued from July 24, 1973. Larry Wood said the study of the land use plan and street plan had been presented to the Commission 3 or 4 months ago and several members of the Commission had wanted an opportunity to go out and look at the area. Mrs. Edmiston said she would like to see the south part of Meadowlark Addition as R-2 instead of R-1 because it borders on industrial. She said she would like to be able to build duplexes. Donald Nickell said he did not see anything wrong with that Al Hughes said it seemed R-2 would be better because it is surrounded by commercial or industrial. Larry Wood said the only reason he had not shown R-2 was because he remembered the reaction they got when a developer wanted to cut the lot sizes down. Ernest Jacks suggested making it R-1 and if she wanted to build duplexes to use the conditional use request. Mrs. Edmiston said the lots would not be 12,000 square feet required by R-1. She added that if single family did not work out, she would like to build duplexes. Donald Nickell left the meeting at 6:00 P.M. Chairman Clinton announced that since the Commission no longer had a quorum, the meeting was mandatorily adjourned. RESOLUTION PCC 30-73 WHEREAS, a public hearing was held ber 25, 1973, fifteen (15) days after a a notice was published in the Northwest circulation; and by the Planning Commission, Tuesday, Septem- sign was erected upon the property and after Arkansas Times, a newspaper of general WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R73-31, Mr. E. J. Bali, attorney for Mr. Joe Steele. 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 C-2, Thoroughfare Commercial District said real estate. LEGAL DESCRIPTION: A part of the NW*, SE* of Sec. 26, T -17-N, R -30-W described as follows: Beginning at the SW corner of the NW*, SE*, of said Section 26 and running thence North 890 15' East 657.92 feet, thence North 00 51' West 330.50 feet to the point of beginning, and running thence North 89° 29' East 617.30 feet to the right4.of-way of U. S. Highway No. 71, thence North 0° 18' West 251.38 feet, thence North 19° 22' West 423.10 feet, thence North 52° 06' West 160.10 feet, thence South 85° 06' West to a point due North of the point of beginning, thence South to the point of beginning. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District to C-2, Thoroughfare Commercial District, so that the petitioner may place commercial activity on the property. PASSED AND APPROVED this 2..5 day of S EPT EM BAR. , 1973. APPROVED* ROY CLINTON, Chairman