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HomeMy WebLinkAbout1976-06-14 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, June 14, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman John Power, Ernest Jacks, Keith Newhouse, Bill Kisor, Peg Anderson, Rita Davis, Jack Ray, Donald Nickell. John Maguire. Larry Wood, David McWethy, Bobbie Jones, Robin Northrop, Bill Burgin, Thomas Townsend, Howell Trumbo, Attorney Marshall Carlisle, Jim Ogden, Helen T. Edmiston, Tom Harding, William Koppenhofer, Gordon Herrington, Cy Carney, Sr., Jim Mickle, Attorney William Storey, George Coffman, Francis Langham, Gene Lynch, Robert C. Ellis, Dan Dyer, Wilford H. $ Mildred Vandevender, Mrs. Walter Franke, William F. Willis, Robert Sivage, Robert S. Hursh, Neal Albright, Kenneth $ Evalena Boothe, Richard Wommack, Joe Morris, Claud Prewitt, William Meadows, Jack Wallace. Chairman John Power called the meeting to order. MINUTES A statement, made by Peg Anderson, on Page 4 of the May 10, 1976 Planning Commission minutes was confusing and immaterial. Following this correction, the minutes of the May 10, 1976 Planning Commission meeting were approved as mailed. The next item was a conditional use request submitted CONDITIONAL USE REQUEST by Bill Burgin, 1847 Woodland Avenue, for a real Bill Burgin estate office in his home. The property is zoned 1847 Woodland Avenue R-1, Low Density Residential. Mr. Burgin was present and requested approval for a real estate office, to be located in his home, for a temporary period of six (6) months. He said he is with the Walter Gray Agency, Siloam Springs, and they plan to have a permanent office here in town after six (6) months. Mr. Thomas Townsend, 1927 Woodland Street, was present and said he is not opposed to a real estate office in Mr. Burgin's home for a period of six (6) months. Mr. Bill Kisor moved for motion to approve a temporary (6 month) real estate office; to'be located in Mr. Burgin's home. Peg Anderson seconded the motion, which was approved unanimously. Chairman Power opened the public hearing on Rezoning Petition R76-18, Howell Trumbo, to rezone property located on the West side of College Avenue and East of Villa Mobile Home Park and East of the proposed Villa North Mobile Home Park from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, for that portion of the property not presently zoned C-2. REZONING PETITION R76-18 Howell Trumbo West of North College Avenue Howell Trumbo, 2563 Elizabeth Avenue, stated that the depth of the commercial zoning is 300 feet from the highway (Hwy. 71). He suggested putting a diagonal street through, from the S.E. corner to the N.W. corner of the property, with no individual driveways onto Hwy. 71. There are no objections from Villa Mobile Home Park. Chairman Power read into minutes Larry Wood's recommendation that this petition not be approved for any additional C-2 over the existing C-2 and Mr. Wood's • .i Planning Commission -2- June 14, 1976 recommendation that the present A-1 be rezoned to either R-2 or R-0. Larry Wood expressed that he had not changed his recommendation. Attorney Marshall Carlisle was present and explained that the development of Jim Ogden's "Villa North" was depending on this rezoning and he indicated how the proposed road would cross this property. Chairman Power asked Larry Wood what would be acceptable as far as a buffer. Larry Wood stated that C-2 to the East and R-0 to the West on proposed road would be agreeable. Bill Kisor moved to recommend to the Board of Directors that Rezoning Petition R76-18, Howell Trumbo, be approved as submitted. Peg Anderson seconded the motion. The motion was approved unanimously by a vote of 8-0. Chairman Power opened the public hearing on REZONING PETITION R76-19 Rezoning Petition R76-19, Helen T. Edmiston Helen T. Edmiston to rezone property located at 5 West Township 5 West Township Road from R-1, Low Density Residential District, to C-2, Thoroughfare Commercial District, or I-1, Heavy Commercial $ Light Industrial District. Helen T. Edmiston was present to represent. Chairman Power asked Mrs. Edmiston if she knew of Larry Wood's recommendation that this application be tabled pending the Planning Commission's review of this area and a General Plan policy restatement or revision, and whether she had any objections to this recommendation. Helen Edmiston strongly objected to having the petition tabled. Helen Edmiston stated that she had no preference on zoning district so long as it permitted her to use the property for a real estate & development office. Mr. Wood said he would have no problem with C-2 zoning. Donald Nickell moved to recommend to the Board of Directors that Petition R76-19, Helen T. Edmiston, be approved for C-2 zoning. Keith Newhouse seconded the motion. The motion was approved unanimously by a vote of 8-0. Peg Anderson then moved that Larry Wood be requested to prepare a study of this total area and present his recommendations on future zoning at the July 26, 1976 meeting. Ernest Jacks seconded the motion, which was approved unanimously. Chairman Power opened the public hearing on Rezoning REZONING PETITION R76-21 Petition R76-21, Campbell Soup Company, to rezone Campbell Soup Company property located at 1100 West Fifteenth Street 1100 West 15th (North of Highway 16 By-pass, West of Duncan Avenue) from I-1, Heavy Commercial $ Light Industrial District, and R-2 Medium Density Residential District, to 1-2, General (or Heavy) Industrial District. Bill Koppenhofer and Tom Harding were present, representing Campbell Soup Company. Tom Harding explained they proposed to construct a warehouse and turkey -processing operation. Peg Anderson asked if Campbell Soup owns all of this property under petition. Tom Harding stated "yes." Tom Harding stated that there would be no problem as far as zoning is concerned on the warehouse, but the rezoning was necessary for the turkey processing addition. Peg Anderson stated she was in favor of rezoning to I-2 to allow the expansion, but felt that there should be some buffering between the I-2 and adjacent resid- ential area. Jack Ray proposed a motion to recommend to the Board of Directors to rezone only the existing I-1 zone to I-2, and leave the R-2 zone as a buffer. The motion, seconded by Keith Newhouse, was approved unanimously by a vote of 8-0. • • Planning Commission -3- June 14, 1976 Chairman Power commenced discussion ROLLING MEADOWS SUBDIVISION of proposed Preliminary Plat of Rolling Preliminary Plat Meadows Subdivision, to be located North of Rolling Hills Drive, East of Sheryl Avenue, South of Harold Street, and West of Old Missouri Road; Developer Associates, Subdivider; Zoned R-1, Low Density Residential District. Ernest Jacks gave the Subdivision Committee report. The Subdivision Committee referred three (3) questions to the full Commission: 1) Should the developer be required to construct sidewalks outside the subdivision, which would be some distance to the nearest streets? 2) He was proposing extending Furman Street, on the South, to Old Missouri Road. Larry Wood requested Eton Street be extended to Old Missouri Road instead. 3) Also the spacing on street lights needs to be checked --some seem to be as much as 350 feet apart. Jim Mickle was present to represent and said the developers do not own the prop- erty necessary to extend Eton Street to Old Missouri Road Chairman Power stated that sidewalks would be a good idea; however Mr. Jacks was not sure this could be required outside the subdivision. Ernest Jacks would recommend (beside the questions previously mentioned) approval of this, contingent on all easements being checked by the Planning Office for compliance with Plat Review Committee minutes. Jim Mickle said that, in his opinion, there is too much ingress and egress out of this property. They would like to minimize either through traffic on Loxley or Elizabeth, running N.S., and, even though it does not extend to the North and offsets to the South, proceed with development. Mr. Mickle personally feels that residential development would minimize hazards; he would like to at least eliminate the N.W. extension of Elizabeth. Peg Anderson asked Mr. Mickle if he has looked at the water situation --creek bed is known to go up. Jim Mickle stated that that was taken care of in ample fashion. He stated that the extension of Elizabeth to the North is not a decision that has to be made at this time, but it would enhance development. Ernest Jacks moved that the Preliminary Plat of Rolling Meadows be approved, contingent upon the Planning Office checking the easements, street light spacing not to exceed 350 feet, and streets being constructed as shown. The motion, which was seconded by Donald Nickell, was approved unanimously - 8-0. Chairman Power opened the public hearing on REZONING PETITION R76-20 Rezoning Petition R76-20, Ralph E. Ralph Stubblefield Stubblefield, to rezone property 3000 F, 3100 Block of Old Missouri Road located in the 3000 and 3100 block of Old Missouri Road (West of Old Missouri Road in the vicinity of Butterfield School and Apple Tree Inn) from R-1, Low Density Residential District, to R-2, Medium Density Residential District. Chairman Power read Larry Wood's recommendation, which follows in its entirety into minutes: "RECOMMENDATION The requested rezoning is recommended for the following reasons: "1. Provision for multi -family development in scattered location is in keeping with the adopted goalof providing a wide range of Planning Commission -4- June 14, 1976 housing choices in each neighborhood. • !'2.. Multi -family development is a reasonable development alternative for this land with its difficult development problems. "3. The multi -family development will serve to buffer the non-residential development east of this property." Attorney Bill Storey was present to represent this petition and stated that high -quality. -townhouse apartments were proposed. Gordon Herrington, 1716 Rolling Hills Drive, wanted to know if storm drainage would be controlled so it would not flood. Attorney William Storey stated that there will be no question about that. Chairman Power asked what the amount of units would be under R-1 and R-2 zones. Bobbie Jones stated that R-1 would have a maximum of seven (7) units per acre and R-2 would allow 4 to 24 units per acre. George Coffman, 1601 Stubblefield Road, objects because of constant hazard to young children. Francis Langham, 1110 Kings Drive, stated that, in her opinion, R-2 would be the best because of the topography of the property. Gene Lynch, 2766 Elizabeth Avenue, is not disagreeing, pointed out on a sketch that there is no cross-over between Old Missouri Road and College Avenue from Rolling Hills Drive to Zion Road. There is no provision made to handle traffic. Attorney William Storey said that the School Board would have notice of this meeting. Attorney Bill Storey said he had occasion to talk with Dean May, Principal of Butterfield School, and that the school is designed for 600 students. The number of students enrolled there last year was 450. The same enrollment is expected for this next year. Robert C. Ellis, 1441 Meadowcliff Drive, stated that there are many reasons to ask the Planning Commission to disapprove this. One of primary reasons is the school system. Planning Commission just approved a subdivision of approximately 100 homes; this is certainly going to increase the number of students. There are unsafe traffic conditions, and .this will certainly compound the problems. Dan Dyer, 1549 Stubblefield Road, would like to go on record as being in opposition. Mr. Dyer said he feels this would create an enormous traffic problem; there are many large trucks which now use Stubblefield to go through. The streets could not handle children or traffic safely, now. Wilford H. Vandevender, Intersection of Oldwire and Collette Drive, said he attends Good Shepherd Lutheran Church and works there at a time when children are going to and leaving school. There is a bad traffic problem for both the children and the parents trying to get their children to school. The traffic moves too fast; speed limit of 25 m.p.h. posted, Mr. Vandevender said he very seldom sees anybody travel that speed. Mrs. Walter B. Franke, 3300 Martin Avenue, would like to specifically know how many units are proposed. Attorney William Storey says there are no specific plans. William F. Willis, 1532 Oakcliff Drive, says that Rolling Hills Drive serves as drain for most of those subdivisions. The way the land lies, the streets feed the water down to Rolling Hills Drive. On many occasions, the street is flooded up over the curbs. He did not feel the two (2) 37 feet drainage pipes would be able to handle this. Robert E. Sivage, 1535 Harold Street, is satisfied with R-1 zoning of the Rolling Meadows addition because he likes that type of housing. He feels there is no reasons for apartments. He is opposed to rezoning this from R-1 to R-2. Robert S. Hursh, 1544 Oakcliff Drive, lived in area for nine (9) years, he supports opposition for reasons of traffic,drainage and concentration of people. George Coffman, 1601 Stubblefield Road, P.T.A. requested him to conduct a survey • 1 Planning Commission -5- June 14, 1976 on the crossings of children. Mr. Coffman remembers in the excess of 140 crossings one morning at the intersection of Rolling Hills Drive and Old Missouri Road. Mildred Vandevender, Intersection of Old Wire and Collette Drive, said that the P.T.A. put in sidewalks along the school property and there is a sidewalk beside the Nazarene Church. Peg Anderson asked if the Commission could insist on sidewalks on the West side of Old Missouri Road. She felt this would be a good area for multi -family housing, but otherwise did not feel she could vote for it because of the reasons brought forth at this meeting. Peg Anderson moved to deny Petition R76-20, Ralph E. Stubblefield. Donald Nickell seconded motion. The motion to deny the petition was approved by a vote of 6-2, with Newhouse, Nickell, Jacks, Power, Anderson, and Kisor voting "Aye", Davis and Ray voted "Nay." The petitioner has 15 days in which to appeal to the Ernest Jacks gave a report from the Subdivision Committee on the appeal of Jacob Stern $ Sons, Inc. for a waiver of the requirement Appeal to dedicate right-of-way in connection with Board of Directors. JACOB STERN $ SONS, INC. Large Scale Development for Waiver of Street R.O.W. .Pettigrew a large scale development plan to develop a storage blending tank farm on property owned by St. Louis g San Francisco Railroad Company and lying West of South Garland Avenue and North of Cato Springs Road. The applicant has access to the lease site by way of a private gravel road on Railroad property. Mr. Jacks reported that it was the recommendation of the Subdivision Committee that the requirement for dedication of right-of-way be waived in this particular case. In answer to a question from Chairman Power, Planning Consultant, Larry Wood, stated that he concurred with the Subdivision Committee's recommendation. Neal Albright, Consulting Engineer, exhibited a map of the Railroad's property in this area, showing the lease site and the two private roads leading into the property, one from South Garland Avenue and one from Cato Springs Road. Ernest Jacks moved that the Planning Commission approve the request to waive the requirement for dedication of street right-of-way on the large scale development plan of Jacob Stern $ Sons, Inc. and recommend to the Board of Directors that this requirement be waived in this instance. Peg Anderson seconded the motion, which was approved unanimously. • Chairman Power opened discussion on the KENNETH $ EVALENA BOOTHE request for waiver of subdivision Request for Waiver of Subd. Req. requirements for a lot North of Old 2820 Old Farmington Road Farmington Road to have access by way of a private road owned by John I. Smith and others rather than having frontage on and direct access to a public road, submitted by Kenneth and Evalena Boothe. The Board of Adjustment has already granted a variance from the zoning requirement for street frontage Ernest Jacks stated that the Subdivision Committee would recommend the Planning Commission approve this. Ernest Jacks moved to approve a waiver of subdivision requirements to allow access by a private road. Keith Newhouse seconded the motion, which was approved unanimously. Chairman Power opened discussion of the Preliminary Plat of Summer Hill, a proposed subdivision and planned unit development, to be located North of Stubblefield Road and East of the present terminal points of Masonic Drive and Alice Street; Edmiston-Prewitt-Meadows, Developers; Zoned R-1, SUMMER HILL PRELIMINARY PLAT • • Planning Commission -6- June 14, 1976 Low Density Residential District. Ernest Jacks states that Subdivision Committee recommends approval of Preliminary Plat, dropping Alice Street as a through access and retaining Masonic Drive. . Ernest Jacks moved to approve the Preliminary Plat, keeping Masonic Drive as an access, through to Stubblefield Road, and allowing the access from Alice to be pulled back into a cul de sac within the subdivision. Peg Anderson seconded the motion. George Coffman, 1601 Stubblefield Road, wondered who would use Masonic Drive for access since it is unpaved. Joe Morris (Houston -Taylor Motor Co.), 3372 North College, recommended the use of Masonic Drive and said he would like to have the street paved. The motion was approved unanimously by a vote of 8-0. Chairman Power opened discussion on large SUMMER HILL RACQUET CLUB scale development plan and conditional use Large Scale Development F, request for Summer Hill Racquet Club to be located Conditional Use Request on Lot 1 of proposed Summer Hill Subdivision submitted by William N. Meadows; Zoned R-1, Low Density Residential District. The recreational facilities in Racquet Club are not to be limited to use of residents of Summer Hill Subdivision. (Subdivision Committee may either approve large scale development plan or refer it to the Planning Commission). Conditional use request can only be approved by Planning Commission. Ernest Jacks reported that the Subdivision Committee found this large scale development premature as the plan needed some revisions. Chairman Power feels this is premature, too. He stated that he would be in opposition to this plan. Claud Prewitt, 915 Lawson Street, stated that Mr. Meadows would just like to know how Planning Commission feels on the conditional use and also whether the Commission would waive setbacks from R -zoned property to permit the outdoor tennis courts to be located 50 feet from the North and West property lines. It was pointed out that Millsap Cemetery is to the North and the Masonic Lodge property is to the West. Chairman Power again expressed his opposition. Chairman Power requested the Commissioners indicate their feelings on the request for a waiver by individual vote. Newhouse, Jacks, Davis, Kisor, Anderson, and Ray voted "Aye" in favor of the waiver; Power voted "Nay", Nickell abstained for a vote of 6-1-1. Peg Anderson moved to approve the conditional use of Summer Hill Racquet Club. Ernest Jacks seconded the motion. The vote was 6-1-1, with Newhouse, Jacks, Davis, Kisor, Anderson, and Ray voting "Aye"; Donald Nickell abstained, Chairman Power voted "Nay." Chairman Power opened discussion on approval BASSETT PLACE of Revised Preliminary Plat of Bassett Place, Revised Preliminary Plat a commercial subdivision to be located North of Stearns Street and East of North College Avenue (Highway 71 North); Johnnie Bassett, Developer; Zoned C-2, Thoroughfare Commercial. Ervan Wimberly was present on behalf of Mr. Bassett and requested this item be tabled. Ernest Jacks moved for a motion to table this matter. Jack Ray seconded the motion to table, which was approved unanimously. Chairman Power opened discussion on a MRS. NELL E. BROWN request submitted by Robert L. Brown Request for Amendment•to Zoning. Ordinance on behalf of Mrs. Nell E. Brown for Amendment to the Zoning Ordinance to permit "Sale of religious books and supplies" Planning Commission June 14, 1976 -7- as a permitted use under Use Unit 12, Offices, Studios, $ Related Services. Use Unit 12 permitted in C-1, C-2, C-3, I-1, I-2, R-0 Zones. Bobbie Jones said this was on the agenda as an informational item and is scheduled for public hearing June 28, 1976. Ernest Jacks said he was not in favor of adding any commercial -type uses in the R-0 zone. Larry Wood stated that a bible store would not be more intensive than some of the other potential uses in R-0. OTHER BUSINESS Chairman Power feels that Planning Commission should be represented at the Board Meeting on Item 3 on June 15, 1976. At the request of Chairman Power, Ernest Jacks agreed to represent the Commission. The meeting was adjourned at 6:55 P. M. • • • • c) RESOLUTION PC38 -76 WHEREAS, a public hearing was held by the Planning Commission, Monday, June 14, 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 R76-18, Howell Trumbo, 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 that portion not already C-2, said real estate. LEGAL DESCRIPTION: Part of the NW* of the SE* and part of the NE* of the SW* of Section 35, T -17-N, R -30-W, described as follows, to wit: Beginning at the NE corner of the NE* of the SW,i-, of said Section 35, and running thence South 217.8 feet, thence in a Southwesterly direction parallel to and 152 feet equi-distant from U. S. Highway No. 71, 277 feet, thence in a Southeasterly direction perpendicular to U. S. Highway No. 71, 152 feet to the West line of the right of way of said Highway, thence in a Southwesterly direction along the West line of said right of way to the South line of the NE* of the SW4 of said Section 35, thence West to a point 0.87 chains west of the SE corner of the Wi of the NE* of the SW*, thence in a Northeasterly direction to a point 9.82 chains North of the SE corner of the Wi of the NE* of the SW* thence North to the North line of the NE* of the SW*, thence East 660 feet to the point of beginning, less and except 209 feet of equal and uniform width off the South side thereof. SECTION 2. That the above described property be rezoned from A-1, Agricultural District to C-2, Thoroughfare Commercial District that portion not already C-2, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of . 1976. APPROVED: John Power, Chairman • RESOLUTION PC39 -76 • • WHEREAS, a public hearing was held by the Planning Commission, Monday, June 14, 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 R76-19, Helen T. Edmiston. 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 0-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: Part of the Fr. NE4 of Section 4, T -16-N, R -30-W, and part of the SW4 of the SW4 of Section 35, T -17-N, R -30-W, and part of the SE4 of the SE4 of Section 34, T -17-N, R -30-W, described as beginning at a point which is 621.69 feet West of the NE corner of said Fr. NEI of Section 4, and thence South 186 feet; thence S 87° 071 15" E, 203.54 feet; thence N 00° 04' 20" E, 221.2 feet, to point in Section 35 on the South line of Township Street; thence N 87° 121 44" W with said South line of Township Street 203.85 feet to a point in Section 34, and thence South to the Township and Section line 35.2 feet to the place of beginning. SECTION 2. That the above described property be rezoned from R-1, Low Density Residential District to C-2, Thoroughfare Commercial District so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1976. APPROVED - John Power, Chairman 7 • • RESOLUTION PC 40-76 WHEREAS, a public hearing was held by the Planning Commission, Monday, June 14, 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 R76-21, Campbell Soup Company. LEGAL DESCRIPTION: Being the SEk, NEI, of Section 20, T -16-N, R -30-W, less and except that part lying in the Railroad right of way and being more parti- cularly described as follows: Beginning at the SE corner of the SE* of the NEy of Section 20, thence S 89° 52' W 1311 feet; thence N 0° 11' W 1329.5 feet; thence N 89° 42' E, 1312.1 feet; thence S 0° 08' E, 310.9 feet; thence S 0° 08' W, 477.35 feet; thence S 0° 21' E, 544.94 feet to the point of beginning. ALSO, part of the NW* Section 21, T -16-N, R -30-W, more particularly described as follows: Beginning at the SW corner of the SWI, WWI and running thence East 644.75 feet to'the West side of Brooks Avenue;•thence North 30° E 28.87 feet with the West edge of Brooks Avenue; thence West 210.68 feet; thence North 175 feet; thence East 424 feet; thence North 0° 5' West 407.05 feet; thence North 0° 16' West 788.55 feet; thence North 89° 58' West 515.16 feet to the Southeast right of way of the St. Louis and San Francisco Railroad; thence along said railroad right of way, South 35° 28' West 114.93 feet; thence South 40° 01' West 99.98 feet; thence South 43° 58' West 100.1 feet; thence South 47° 42' West 99.91 feet; thence South 51° 37' West 103.25 feet; thence South 0° 08' West 477.35 feet; thence South O° 21' East 544.94 feet to the point of beginning. 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 Industrial District, said real estate. LEGAL DESCRIPTION: Part of the SEI NEI of Section 20, T -16-N, R -30-W, of the 5th P.M., Washington County, Arkansas being more particularly described as follows: Beginning at the SE corner of said SEI, NEI, of said Section 20, and running thence South 890 52' West 1311 0 feet; thence North 0° 11' West 1329.5 feet; thence North 89° 42' East to the centerline of the St. Louis and San Francisco Railroad right of way; thence along said centerline South 35° 07' East 72 feet; thence continuing along said right of way South 39° 32' East 100 feet; thence South 440 08' East 100 feet; thence South 49° 15' East 100 feet; thence South 52° 34' East 100 feet; thence South 580 35' East 100 feet; thence South 68° 27' East 100 feet; thence South 780 37' East 100 feet; thence South 88° 26' East 100 feet; thence North 820 50' East 100 feet; thence North 720 13' East 100 feet; thence North 51° 33' East 100 feet; thence North Resolution PC Page 2. 56° 21' East 94 feet; thence North 53° 55' East 100 feet to the East line of said 40 acre tract; thence South 0° 08' East 62.5 feet; thence South 0° 08' West 477.35 feet; thence South 0° 21' East 544.94 feet to the Point of beginning. ALSO, part of the NWt of Section 21, T -16-N, R -30-W of the 5th P. M., Washington County, Arkansas, being more particularly described as follows: Beginning at the SW corner of the SW4, NWt, of said Section and running thence East 644.75 feet to the West side of Brooks Avenue; thence North 30° East 28.87 feet with the West edge of Brooks Avenue; thence West 210.68 feet; thence North 175 feet; thence East 424 feet; thence North 00 5' West 407.05 feet; thence North 0° 16' West 788.55 feet; thence North 89° 58' West 515.16 feet to the Southeast right of way of the St. Louis and San Francisco Railroad; thence along said railroad right of way South 35° 28' West 114.93 feet; thence South 40° 01' West 99.98 feet; thence South 430 58' West 100.10 feet; thence South 47° 42' West 99.91 feet; thence South 51° 37' West 10.25 feet; thence South 0° 08' West 477.35 feet; thence South 0 21' East 544.94 feet to the point of beginning. LESS AND EXCEPT the following lands contained within the above described property: Lots 18 through 22, inclusive, and part of Lot 23, Garriott Subdivision; the East 25 feet of Brooks Avenue as platted in said Garriott Subdivision; Lots 1 through 7, inclusive, Anderson's 2nd Addition; East 25 feet of Buchanan Avenue as platted in said Anderson's 2nd Addition. SECTION 2. That the above described property be rezoned from I-1, Heavy Commercial and Light Industrial District to I-2, General Industrial District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day df , 1976. Approved: John Power, Chairman • RESOLUTION PC 41 -76 WHEREAS, a public hearing was held by the City Planning Commission, Monday, June 14, 1976, 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 Ralph E. Stubblefield, R76-20 for rezoning; 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 R-1, Low Density Residential District to R-2, Medium Density Residential District, be denied. JFf,AL DESCRIPTION: Part of the NEI of the NW* of Section 36, T -17-N, R -30-W, described as follows: Beginning at a point o the Westerly right of way line of the Old Missouri Road which is 330 feet Northerly from the intersection of said right of way line with the South line of said 40 acre tract, and running thence West 330 feet; thence North to a point 90 feet South of the North line of said 40 acre tract; thence East to said right of way line; thence Southerly along said right of way line to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman