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HomeMy WebLinkAbout1976-05-10 MinutesMINUTES OF A PLANNING. COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00,P. M.; Monday, May 10.; 1976= in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Ernest Jacks, John Maguire, Kieth Newhouse, Donald Nickell, Peg Anderson, Rita Davis, Bill Kisor, Jack Ray. Chairman John Power. Bobbie Jones, David McWethy, Larry Wood, Janet Bowen, •- Myrna Beth Faires, Marshall Carlisle, Bill Murphy, Wade Bishop, Jim Viziier,-Dr. Floyd Harris, Bob Love, George F. Blackwell, John Metzler, A. M. Zinn, Henry Burnett, Dale Christy, Pat Watkins, Virginia Patterson, Mrs. Phillips, Jim Roy, Gary Whillock, Charles Watkinson, Howard Baird, Eugene Schmitz, Mrs. Wallace, Ken Steele, Bonnie Swan, Greg Dowers. In the absence of Chairman John Power, Vice -Chairman Ernest Jacks called the meeting to order. MINUTES The minutes of the April 26th Planning Commission meeting were approved as mailed. MYRNA BETH FAIRES The next item was a conditional use request submitted by 2009 Winwood Drive Myrna Beth Faires, 2009 Winwood Drive, for a child Conditional Use Request care facility in her home. The property is zoned R-1, Low Density Residential District, and this use is permitted on appeal to the Planning Commission under Use Unit 4. This item was tabled at the April 26th Planning Commission meeting until wider notification of neighboring property owners could be given. Mr. Jacks read a noteefrom JamessDotson, 2085 Winwood Drive, who was unable to attend the meeting but wanted to express his opposition to the request because he felt it would affect property values. Mr. Dotson said he was sympathetic since Mrs. Faires was doing this for a living, but said it had increased the traffic in the neighborhood. He also mentioned in his note that he had heard of Mrs. Faires keeping as many as 32 children there in the past. Rita Davis said a sign had been posted on the property. Planning Administrator Bobbie Jones said that handbills had been passed out in the neighborhood. Mrs. Faires was present, and in answer to questions asked by the Planning Commission, stated that sometimes she had kept as many as 30 children (with drop -ins) but that she now intended to watch only 10-16 children. There was no one present in opposition. Bill Kisor moved to approve the conditional use request with. the limitation of 16 children. The motion was seconded by Jack Ray and approved unanimously (8-0). VILLA NORTH Next was the proposed third access for Villa North; a mobile Villa Boulevard home park to.be located North of the existing Villa Mobile Home Third Access Park, West of College Avenue, and .South of Appleby -Road The preliminary plat and conditional use request were approved March 15, 1976, on the condition that additional ingress andegress to Highway 71 over and above what was shown on March 15th be obtained. This item was tabled at the April 26th Planning Commission meeting at the request of Marshall Carlisle, Attorney for the developers of Villa North. • • Planning Commission -2- May 101 1976 Mr. Carlisle was -present and requested that this item again be tabled, He told the Planning Commission that; rather .than placing this item on the agenda for the next Planning Commission meeting, that he would let Planning. Administrator Bobbie Jones know when they were ready for this item to•be considered. The Commission was agreeable to this. Bill Murphy (adjoining property to the North) was present and stated that he was not willing at this time to dedicate 30 feet of his property for Hacienda Street as they had originally planned. Attorney Carlisle pointed out that this should be taken into consideration when the developers were in a position to come back before the Commission. He said he had not been aware of Mr. Murphy's decision but stated that the problem with obtaining their third access concerned Mr. Wilkinson's property more than'.it did Mr. Murphy's property. Donald Nickell moved to table this -item until further notice. Keith Newhouse seconded the motion, which was approved unanimously. Wade Bishop, property owner adjoining also on the North (Bishop Addition) was present and requested that he be notified when it would be brought up again; and also that some action be taken next time it was on the agenda. He felt that the concerned property owners interested in this item should not have to keep coming to the meetings just to have it tabled.' The Commissioners pointed out that this item would not be on an agenda again until it was ready for their consideration. Vice -Chairman Jacks opened the public hearing on Rezoning Petition R76-14, Irvin D. Bayles, to rezone property located at 1969 Green Acres Road (Northwest corner of Green Acres Road and Poplar Street) from R-1, to R-0, Residential Office District. Planning Consultant Larry Wood gave the Planning Report in which he recommended that an R-2 District be approved on the West end of this tract with R-0 District on the East end. (The R-2 District would serve as a buffer between the Commercial and Residential -Office uses.) He pointed out that the amount of R-2 District should be sufficient to permit at least duplex development. Planner Jim Viziier was present to show the Planning Commission what the prospective buyer of this land proposed to do. He said that Dr. Crocker ( ENT specialist) and Dr. Floyd Harris (an orthodonist) were nogotiating to combine their properties and would like to build offices at the back of this property (West) to start with and then later tear down the existing houses which are presently on the front of both of these properties (Dr. Crocker owns the 75 foot wide lot to the North.) and build offices at the front. He pointed out that if they went along with Mr. Wood's recommendation of the R-2 on the West end it would complicate things since they planned to first put offices at the West end. He said the R-2 might force them to a two-story building which the doctors did not prefer. In answer to a question asked by some of the Commissioners, Jim Viziier said he thought that Dr. Crocker's property was zoned R-0 further back to the West than they were requesting on this petition. Dr. Floyd Harris was present and told the Planning Commission that the construction would be done in stages. Peg Anderson was concerned about the traffic since this would be facing Poplar Street and was across from Woodland Jr. High. School. She felt that this should be developed to face Green Acres Road and felt the backpart of this should stay R-1. Jim Vizzier said they could exit traffic onto Green Acres Road. He felt this could be worked out when they came in witha large scale development plan. Rita Davis also felt that the back part of this should remain R-1. After some discussion, John Maguire moved to recommend to the Board of Directors the approval of Rezoning Petition R76-14, Irvin D. Bayles, as submitted. REZONING PETITION R76-14 Irvin D. Bayles 1969 Green Acres Road Low Density Residential District Planning Commission May 10; 1976 Jack Ray seconded the motion which was approved 5-3 with_Maguire, Newhouse, Nickell, Kisor, and Ray voting in favor,of the motion; Jacks, Anderson, and Davis opposed. USE UNIT 23 The public hearing was opened on the proposed ordinance ' Proposed.0'rdinance to amend Article 5, Section (VIII), (C) of Zoning Ordinance 1747' - (Appendix A - Zoning, Fayetteville Code of Ordinances) for the purpose of listing Use Unit 23, Heavy Industrial, as a use permitted on appeal to the Planning Commission in the I-1, Heavy Commercial and Light Industrial District. Vice -Chairman Jacks read the "Purposes" of the I-1 and I-2 Zoning Districts and the "Description" of Use Unit 23 from the:Zoning Ordinance. Mr. Jacks stated that, in his opinion, if this change were to be made, they might as well do away with the I-2 District and have the I-1 District only since this would be putting into the Light Industrial (T-1) Zone the only Heavy Industrial Use Unit there is.in the ordinance. In answer to questions asked by the Commission, Planning Administrator Bobbie Jones said they had a lot of non -conforming uses which were actually I-2 in usage but were in the I-1 Zone and they could not expand without rezoning. She said there had been a lot of requests recently for some of these businesses to expand. Ernest Jacks felt that these should be considered on a piece by piece basis. John Maguire agreed. Bob Love ( Ozark Forest Products) felt the uses listed in Use Unit 22 and Use Unit 23 might be arbitrary and felt there should be some flexibility between the two. He said as far as the Planning Commission making a policy statement by adopting or rejecting the proposal, it seemed that they were implicitly committed to consider proposals of this nature by the present law which permits rezoning requests. George F. Blackwell (923 S. Hill) was present in objection and presented a -prepared statement which he read before the Planning Commission and members of the audience. Mr. Blackwell said he wished to make the statement on behalf of residents in the area surrounding the Sale Barn, the Southeast Fayetteville Community Organization, affiliated with ACORN, various veterans organizations, andconcerned citizens of Fayetteville and Northwest Arkansas on the effect the Sale Barn was having on the area and on the adjacent National Cemetary. He said they were opposed to any expansion of the Washington County Livestock Auction and pointed out that if Use Unit 23 were to be included in the I-1 District as a Conditional Use, it would be a way for the Sale Barn to expand. Attorney Marshall Carlisle (who represented some of the neighbors in objection to the rezoning request of the Sale Barn at the March 26th Planning Commission meeting which was denied) was present. He felt that this proposed ordinance, if it were approved, might be a way to expand the sale barn. He said he would liketto point out to the Planning Commission and to Mr. Love the language of Use Unit 22 and the language of I-1 which, in his opinion, left doubt as to whether even Use Unit 22 should be in the I-1 District. He said I-1 and Use Unit 23 were diametrically opposed to eachc.other and felt that it was totally impossible for the Commission to recommend to the City Board that those two things be combined Under I-1. John Metzler (Fayetteville National Cemetery, Government Avenue) presented and read part of the Zoning Ordinance (Article 4, dealing with con -conforming uses of land) which states !' . . .it is theintent of this ordinance to permit these non - conformities to continue until they are removed, but not to encourage their survival." He said he; as. well as the Veteran's Administration, was definitely opposed to any expansion of the sale barn or its adjacent properties. A. M. Zinn (637 Government) said he would like to confirm what had already been said about Use Unit 23. He felt this proposed ordinance would 'accomplish about the same as a rezoning would for the sale barn. He then thanked the members of the Planning Commission who had voted against the rezoning petition on the sale barn at the last meeting. • • • Planning Commission May 1Q, 1976 Mr. Love felt that.the point he brought out earlier had been further exemplified by the comments concerning the sale barn, Peg Anderson said she agreed with the comments made by Mr. Jacks earlier in the discussion and moved to deny -the proposed ordinance, The motion, whichwas seconded by Bill Kisvr, was approved unanimously.. REZONING PETITION R76-17 The public hearing was opened on Rezoning Petition R76-17, Ozark Forest Products Ozark Forest Products, a Division of Love Box Company, to Highway 62 West rezone property located South of Highway 62 between Hollywood Avenue and Beechwood Avenue from I-1, Heavy Commercial and Light Industrial District, to I-2, General (or Heavy) Industrial District. Planning Consultant Larry Wood gave the Planning Report in which he recommended that the I-1 District be retained North of the railroad spur and rezone to I-2 District the property South of the railroad spur. Bob Love was present to represent. He pointed out the location of the property concerned and the surrounding property owners and usage.of the surrounding properties. He said they had originally planned to ask that all of their property be rezoned to I-2, but found, in talking with Planning Consultant Larry Wood that in order to keep with the general plan, it would be desirable to have a buffer (the I.1) to the North along the highway. Mr. Love said this property was too valuable as commercial_property for them to use it for heavy industrial purposes anyway. He said they used this portion of the property only for a small office and the existing sawmill was located there. He told the Planning Commission that they were proposing to modernize their plant in terms of storage of raw materials, flow of materials through production, and the way they dispose of their waste (which is basically wood chips). He said they proposed to build a new plant and convert the old manufacturing plant into a storage area. He said they planned to install a "hogging machine" which would reduce everything into a shaving form so that it could be efficiently carried away and used to serve the poultry farmers in the area. Mr. Love said they would not be growing so much in capacity by the improvement as they were making themselves more efficient and, in general, more presentable to the ;people in that area. He said they had plans to expand the pallet business at least and possibly add other lines of business which would also be classified presently under the I-2 Zone. He said they anticipated at some time in the future taking the existing sawmill off the frontage property and moving it back with the rest of the operation and consolidating the waste in that with the waste disposal system that they propose in the new plant. He said it would give them uniform operation so they could dispose of it properly. He said they would be happy to modify the proposal to agree with Larry Wood's recommendation. He said there were actually two railroad spurs located on the property and they would even be willing to accept a rezoning of the portion South of the Southernmost spur of the .railroad track. He said it would be hard for them to utilize that other portion of property since they would have to cross the track. Commissioner Anderson was concerned about the problem of the sawdust flying in the air and asked Mr. Love if he had a permit for this, She felt it would not be a wise policy to give permission for I-2 aspect of things if the sawdust was not under control, Mr. Love said he did not know if they had a permit for that or if they even needed one for it. In answer to -question asked by Mr. Nickell, Mr. Love said that the new building should decrease the noise because it would be better insulated. Dale Christy (Fayetteville Chamber of Commerce) was present to support the request for rezoning. He said he agreed with Mr. Wood's analysis that itrobably should be the area South of the tracks. He told the Planning Commission that the Chamber of Commerce Planning Commission -5- May 10, 1976 had looked at.this and what Mr, Love had proposed for the future and felt this was an effective way to get.new facilities and to get whatever pollution problem there might be under control. Pat Watkins (representing.B.aldwin Piano Company) was present and stated that they had no objections.. He said they had never had any problems with this and it would improve the looks, He said they were very much in favor of the rezoning. Henry Burnett said he had operated Ozark Forest Products from 1944 to 1974 and during that time the business brought many millions of dollars into the area in payroll and sales to Northern and Western states -as well as some Southern states. He said during the last 5 years of hi s- operation,4the corporation brought into the area almost a million dollars in new money each year. He felt that with the improvements that the present management had planned that this figure would be greatly increased. Peg Anderson asked about screening and landscaping requirements; Planning Administra- tor Bobbie Jones said the only requirement for either one of these requirements applied to an Industrial Park. However, it was not clear to the Planning Commission or the Planning Administrator what the definition of "Industrial Park" would be. There was no opposition present. Donald Nickell then moved to recommend to the Board of Directors the approval of Rezoning Petition R76-17, Ozark Forest Products, as^was recommended by Planning Consultant Larry Wood. (This would be to rezone the property South of the southernmost railroad spur to I-2.) Jack Ray seconded the motion. Since a large scale development plan would have to be submitted on this, he felt that the screening and landscaping (if any) could be handled at that time! Themotion to approve was unanimous. The next item for consideration was a conditional MIKE IBSEN use request for a part-time, real estate sales office 1434 Lunsford in a home, submitted by Mike Ibsen, 1434 Lunsford. Conditional Use Request Temporary real estate sales office is a conditional use permitted on appeal to the Planning Commission in any Zoning District throughout the City (Use Unit 2). Mr. Ibsen was not present to represent. Vice -Chairman Jacks read a letter from Daisy Hantz (1608 Carolyn Drive) who objected to this because there was no parking spaces to accomodate the business and pointed out that the applicant did not own the property. She objected to any kind of business: -in the R-1 Zoning. Also there was a letter from Paul H. Pannell, 1547 Lunsford, who also objected because of this being a residential area and the traffic problem. Virginia Patterson, adjoining property owner at 1444 Lunsford,was present in -opposition to the request. She felt there was a more efficient way to sell real estate other than on a 75 foot lot in a residential district. She said off-street parking was non-existent. Virginia Harding Phillips was present and stated that her mother who owned the property was also opposed to the request. There was no further discussion. Jack. Ray moved to deny the Conditional Use Request. The motion, which. was seconded by Rill Kisor, was approved unanimously. Next were two conditional use requests Submitted by the CONDITIONAL USE REQUESTS Housing Authority of the City of Fayetteville; Housing Authority of the AI Location - Willow Heights; 10. South. Willow. Avenue; City of Fayetteville Zoned R-2,.Medium Density Residential; for a -child "Willow'and Lewis care center permitted on appeal to the Planning Commission.under Use Unit 4. B, Location -, Lewis- Plaza; 401 S. Lewis Avenue; Zoned R-2, Medium Density Residential for a Community Center permitted on appeal,to the Planning Commission under Use Unit 4. • Planning Commission -6- May 10, 1976 Vice -Chairman Jacks said he`ivas the architect for this and would have to abstain. from voting.. He said both, of these would be additions to existing facilities on those low rent housing sites. The one at Willow wofild be an addition that would handle 31 children which would be taken over by the Headstart people iri Fayetteville, The one on Lewis would be an addition of space in connection with the Community Center aspects of it. There was no one present in opposition, Keith Newhouse moved to approvte both conditional use requests. Rita Davis seconded the motion which was. approved 7-0-1 with Ernest Jacks abstaining. GERALD GRIFFIN Next was a conditional use request submitted by 900 North Crossover Gerald Griffin for a church to be built at 900 Crossover Conditional Use Request Road (immediately North of Hyland Park Subdivision), permitted on appeal to the Planning Commission in the R-1, Low Density Residential District, under Use Unit 4. In answer to•a question asked by some of the Commissioners, Planning Administrator Bobbie Jones said that adjoining property owners had been notified and that she had one other person living in Hyland Park. Attorney Jim Roy (Springdale, Arkansas) was present to speak in favor of the request. He said there were no objections from Mr. Lindsey and Mr. Van Meter but that they had not heard from Mr. Hawkins. He told the Planning Commission that this would be a 10 acre tract on which to relocate a church which is presently at the corner of 6th and College. In answer to Donald Nickell's question, Mr. Griffin (?) said this would be a permanent sanctuary. Mr. Nickell then moved to approve the conditionalvuse request. The motion which was seconded by John Maguire was approved unanimously. The next request was for a conditional use for a DUPLEX CONDITIONAL USE REQUEST duplex at 1119 Valley View Drive (corner of Gary D. Whillock Valley View Drive and Wedington Drive (State Highway 1119 Valley View Drive 16 West) submitted by Gary D. Whillock. This property is zoned R-1, Low Density Residential District. A petition bearing approximately 78 names in opposition to this request was mailed as a part of this agenda. Mr. Whillock was present to represent. He submitted a copy of the covenants of the Sunset Hills Addition and pointed out they contained no statements of duplexes being prohibited in that Subdivision. He pointed out Item 2 of the reasons listed for objection on the petition that had been submitted stating that this could not possibly happen. He said this was the only buildable vacant lot that was large enough for a duplex. Attorney Charles Atkinson was present to represent those in opposition. He said the building covenants of the Sunset Hills Addition Subdivision prohibited construction of any property facing Wedington Drive. He pointed out that the plot plan submitted along with, Mr. Whillock.'s application showed this facing the corner of the lot. . In addition to the people signing. the petition; Mr, Atkinson submitted a letter written by one of the property owners in the area who was out of town at the time. Mr. Atkinson said the whole area was single family dwellings and that the proposal would create an additional traffic hazard at.this busy intersection. He also pointed out that this being located close to the University, it would probably be rented to University students, and stated that "the usual experience of landlords in that area is that they rent it to two of them and before they turn around there are 6 of them moved in." • • Planning Commission -7- May 10, 1976 Howard Baird (1109. Oak. Drive) was present and pointed out the traffic hazard this proposal would create, Betty Wallace (1627 Wedington)_ said,if he was allowed to build a duplex, it would be in her front yard She told the Planning Commission that she had lived in a duplex several years- ago and she built this home to get away from that kind of living. She felt that if the Planning Commission allowed the duplex to be built, they would be forcing some of them to move. Eugene Schmitz (1645 Wedington) said -he wanted to voice his objection and to expand on the point that had been brought out by Mrs, Wallace. Ken Steele (1115 Valley View) was present to expand on the traffic situation. Mrs. Swan (1115 Oak Drive) agreed with what Mr. Whillock had said about this being the only lot in Sunset Hills Addition to build a duplex on was true, but said they were surrounded by a wooded area that could be developed later. There was no one else present to speak in opposition. John Maguire moved to deny the conditional use request. The motion was seconded by Bill Kisor. Peg Anderson said she considered all four of the reasons on the petition as invalid. She felt there was not really that much wrong with a duplex against a single-family dwelling. She said that the people sometimes used zoning as a "tool of the rich". She felt if the people in the area were that concerned they should get together and buy the lot. She said this was a beautiful lot and that she hated to see any of the trees on it knocked down. She said that she intended to vote to deny the petition because of the serious traffic problem and she felt they should listen to the desires of the citizens. She expressed the hope that people would begin to think in terms of how cities must be developed in the future. Charles Atkinson said there was a market for this lot tomorrow if this request was denied. The motion that was on the floor was approved unanimously. The next item was the proposed final plat of Wooded WOODED HOLLOW ESTATES Hollow Estates, outside the City but inside the:i•.:.n.:.L Proposed'Final Plat Planning Area. Subdivider is Gregory Dowers. Ernest Jacks gave the Subdivision Committee report and stated they did not find any problems with this. Keith Newhouse moved to approve the final plat of Wooded Hollow Estates. The motion, which was seconded by Jack Ray, was approved unanimously. BEQUETTE-PERRY CONSTRUCTION COMPANY The last item on the agenda was a request Safety Zones Between Driveways for a variance in safety zones between 1765 Souix Court driveways at 1765 Souix Court, submitted by Bequette-Perry Construction Company. (They would be requesting a waiver from the required 25 feet to be allowed to build within 16 feet.) Street Superintendent Clayton Powell and City Engineer Paul Mattke submitted letters stating that they had no objections to the request. There was also a letter from Robert Melton (1741 Souix Court) stating that his driveway was only 12 feet from the driveway nearest it and requesting a waiver. Mr. Melton's letter said he had not realized before this that his driveway did not comply. Mr. Jacks felt there really was not a need to have a 25 -foot separation between driveways in residential areas, John Maguire agreed and added that he especially didn'>t see a need for it on interior lots. -. Planning Consultant Larry Wood agreed. After some discussion, Peg Anderson moved to approve Bequette-Perry's request for a variance. • Planning Commission -8- May 1Q2 1976 The motion was seconded by Bill'Kisor and approved unanimously: Several Planning Commission.members committed that they -did not feel that Mr, Melton needed a waiver since his: driveway was constructed before the one near it, Mr. Jacks asked Larry Wood to; -make a study.of driveway separations in residential areas and make a recommendation back. to the Planning Commission. OTHER BUSINESS Peg Anderson said she had been trying to work with the County Circuit Court Recorder and others to try to clear up the problems on the deed recording and had not come upiwith a.solution short of the Quorum Court hiring two or three new people to record it all or else turn more of the work back to the Planning Commission. She said, however, that she would keep working on a solution. Donald Nickell raised the question to the other Commissioners receiving telephone calls on items on agendas and discussing outside the meetings. It was the general concensus of the Planning,Commission that There was no further discussion. The meeting was adjourned at 6:45 P. M. of how they felt about the matter with them this was ethical. • • • RESOLUTION PC 34 -76 WHEREAS, a public hearing was held by the Planning Commission, Monday, May 10, 1976, 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 R76-14, Irvin D. Bayles. 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 R-1, Low Density Residential District to R-0, Residential Office District, said real estate. LEGAL DESCRIPTION: Part of the We, SWy of Section 3, T -16-N, R -30-W, described As: Beginning at a point 187.72 feet north and 10 feet east of the southwest corner of said 40 acre tract, and running thence north 165 feet, thence east 440.3 feet, more or less0) to the center of the road; thence south about 2 degrees east with the center of the road 165 feet, more or less, to the center of Poplar Street, thence west 448.7 feet, more or less„ to the point of beginning. SECTION 2. That the above described property be rezoned from R-1, Low Density Residential District to R-0, Residential Office District, so that the petitionermay develope property accordingly. PASSED AND APPROVED this APPROVED• day of , 1976. John Power, Chairman • • • RESOLUTION PC 35-76 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Monday, May 10, 1976, fifteen (15) days 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 a proposed ordinance to amend Article 5, Section VIII, (C) of Zoning Ordinance 1747 (Appendix A, Fayetteville Code of Ordinances) for the purpose of listing Use Unit 23, Heavy Industrial, as a use permitted on appeal to the Planning Commission in the I-1, Heavy Commercial and Light Industrial District. 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 proposed ordinance to Zoning Ordinance 1747 be denied. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman • RESOLUTION PC36— 76 WHEREAS, a public hearing was held by the Planning Commission, May 10, 1976, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas a newspaper of general circulation; and Monday, Times, WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R76-17, Ozark Forest Products a Division of Love Box Company. LEGAL DESCRIPTION: Part of the SE; of the SW4 of Section 17 and part of the NE; of the NA of Section 20, all in T -16-N, R -30-W, more particularly described as follows: Beginning at a point which is N 88° 53' W 25 feet, and North 0° 19' E 450 feet from the SE corner of NE; of the NWa of said Section 20, said point of beginning being on the west right of way of Beechwood Avenue and running thence N 880 53' W 811.39 feet; thence North 00 19' E 911.81 feet to the Southerly right of way of U. S. Highway No. 62; thence Northeasterly along said right of way to the NW corner of Robert T. Stout property as described at Book 721, Page 499, Washington County, Arkansas; thence South to a point which is 15 feet North and 163 feet west from the SE corner of the SE; of the SW4 of Section 17, T -16-N, R -30-W; thence East 113 feet to the West right of way of Beechwood Avenue; thence South 0° 19' W 150.84 feet along said right•of way to the Northerly right of way of the St. Louis and San Francisco Railway Co.; thence South 14° 01' 37" East 100.9 feet to the intersection of the Southerly right of way of the St. Louis and San Francisco Railway Co. and the west right of way of Beechwood Avenue; thence along the west right of way of Beechwood Avenue South 0° 19' West 635.48 feet to the place of beginning, containing the railroad right of way. 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 I-1, Heavy Commercial and Light Industrial District to I-2, General (or Heavy) Industrial District, the following described real estate: LEGAL DESCRIPTION: Part of the NE; of the NW; of Section 20, T -16-N, R -30-W, Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is N 88° 53' W 25 feet and N 00 19' E 450 feet from the SE corner of the NE; of the NW' of:said Section 20, said point of beginning being on the West right of way line of Beechwood Avenue; thence N 88° 53' W 811.39 feet; thence N 0° 19' E 110 feet more or less to the centerline of the existing railroad spur; thence Northeasterly along said centerline to the West right of way line of Beechwood Avenue; thence S 14° 01' 37" E 50.45 feet along said right of way; thence S 0° 19' W 635.48 feet along said right of way to the point of beginning. SECTION 2. That the above described property be rezoned from I-1, Heavy Commercial and Light Industrial District to I-2, General (or Heavy) Industrial District, so that the petitioner may develope property accordingly. • RESOLUTION PC 37-76 • • WHEREAS, at its regular meeting on Monday, May 10, 1976, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated , 19 , known as Wooded Hollow Estates submitted by Gregory Dowers and Karen Dowers; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Gregory Dowers and Karen Dowers enter into and furnish the City with the necessary sub- division contract before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Wooded Hollow Estates described as follows: LEGAL DESCRIPTION: Part of Section 21 and Section 28 of T -17-N, R -30-W, and being more particularly described as follows, to -wit: Beginning at a point on the North forty line of the SW; of the SW; of said Section 21, said point being N 89° 49' E 344.96 feet from the NW corner of said forty acre tract and running thence N 89° 49' E 997.98 feet, thence S 00 39' W 886.34 feet, to a 90 foot cul-de-sac, thence around said cul-de-sac 130.89 feet, thence N 89° 41' W 371.44 feet, thence South 410 feet, to the South forty line of said SW;, SW4, thence N 89° 41' W 185 feet, thence S 00 17' E 582.95 feet, to the North right of way of Dogwood Lane, thence West 60 feet, along said right of way, thence N 0° 17' W 582.95 feet, thence North 260 feet, thence N 89° 41' W 293.21 feet, thence North 1052.68 feet to the point of beginning, containing 18.47 acres. PASSED AND APPROVED this ATTEST: Peg Anderson, Secretary day of , 1976. APPROVED: John Power, Chairman