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HomeMy WebLinkAbout1978-04-10 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was.held on Monday, April 10, 1978, at 5:05 P. M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Rita Peg Anderson, Beth Crocker, None. Davis, Keith Newhouse, Newton Hailey, John Power, Ernest Jacks, Morton Gitelman (arrived 5:15 P.M.), Bill Kisor. Bobbie Jones, Angie Medlock, City Attorney Jim McCord, David McWethy, Scott Van Laningham, Jerry Sweetser, Robert Windham, Bill Schwab, L. M.'.Kirby, Bill Flynn, Ernie Stanberry, George Faucette, Jim Whitehead, Dwain Cromwell, Pat Keating, Alex Ford, Lamar Pettus, Richard Osborne, Chad Kumpe, Walter Brown, Sam Siviggert, Henry Hicks, Jewell Hughes Bushey, Zeke Taylor, Charles Agee, Robert Magness, Murl Steed, Harrison Davis, James S. Jackson, Larry Wood, and other unidentified persons. Chairman Rita Davis called the meeting to order. Mr. Jacks asked City Attorney Jim McCord about MINUTES the "general rule" on abstentions. Jim McCord explained that according to the general rule, an abstention will be construed as voting with the majority or in favor of the petition. He stated that the "general rule" applies in the absence of statute or local by-laws. He said the Planning Commission could change their by-laws to make an abstention not count either in favor for or against the motion. Mr..Power said he does not see any reason to change the rule. He said he feels the abstention itself basically indicates that the person wants the majority to rule. Peg Anderson pointed out that this would not be true when there is a conflict of interest. Chairman Davis asked that this be placed on the agenda for the next Planning Commission meeting. Mr. Jacks noted that on Page 4 of the minutesitshould reflect that "he will not be awoke every night" rather than "he will not be woke up every night". Mr. Newhouse noted that on the second on the motion to approve the preliminary plat of Regency East it should state that Kisor seconded, rather than Newhouse. With these corrections, the minutes were approved as mailed. The first item considered:was::Rezoning Petition R78-7, Patricia Cockram to rezone property located.at•318 E. Lafayette froth R-1, Low Density Residential, to R-2,.Medium Density Residential District. Chairman Davis acknowledged a letter asking that this item be withdrawn. John Power made a motion to allow withdrawal of Petition R78-7. Peg Anderson seconded the motion, which passed unanimously. REZONING PETITION R78-7 Patricia Cockram 318 E_ Lafayette The second item for consideration was the approval of the preliminary plat of Grandview Place located East of Highway 71 South and South of West 24th Street; Leo Peel, developer. Mr. Jacks said the Subdivision Committee recommends that they table this until the developer obtains the signature of the adjoining property owner. John Power made a motion to table the preliminary plat approval. Mr.,gcks seconded the motion, which passed unanimously. GRANDVIEW PLACE Preliminary Plat Hwy. 71 S. F, W. 24th St. Planning Commission Meeting April 10,'19.78 -2- The third item for discussion was the approval of the revised preliminary plat of Sequoyah Woods, Tract C, located north of Cherokee Drive, and west of Starr Drive; Jerry Sweetser, developer. Jerry Sweetser and Robert Windham were present to represent. Mr. Jacks said the Subdivision Committee recommends that the Planning Commission approve the revised preliminary plat of Sequoyah Woods, Tract C, and waive the requirement3that the private driveway connecting Cherokee to Starr Drive be built to City standards. Jerry Sweetser stated that this is a Planned Unit Development and they are proposing to add the "Phillips" property to the north, which they have recently purchased,to Tract C of Sequoyah Woods, which already has preliminary plat approval. He explained that they are deleting five units and including them in the addition. Ernest Jacks explained that the Planned Unit Development Ordinance requires that any street within a Planned Unit Development connecting two existing streets has to be built to City street standards. Mr. Jacks made a motion to waive that requirement in this instance since he does not feel that people would use this private driveway as a thoroughfare to get to Cherokee, and.approve the preliminary plat. Mr. Sweetser said he is eliminating one entrance on to Starr Drive. In the preliminary plat previously approved, he had shown two entrances on Starr Drive. Bill Schwab was present representing Sequoyah Woods Home Owner's Association. He said the people in Sequoyah Woods are concerned about any attempt to remove the green space which was provided in the original planned unit development. Mr. Schwab presented a letter to the Planning Commission from._their:attorney asking that they be notified of any future hearings in connection with Phase II of Sequoyah Woods. This letter is on file in the Planning office. Mr. Schwab said that Phase II is presently for sale and someone who is trying to buy it indicated that he does not have any intentions of putting in the green area. Mr. Schwab said the homeowners feel they should be given some assurance that no plan on Phase 2 will be approved without the green area. He said the people in Sequoyah Woods would not object to the apartments or condominiums of Mr. Sweetser if they have a resolution passed, or some type of assurance that the green space will be provided in Phase II. Jerry Sweetser said he does not know anything about the green space. He said he does not feel they should use him as a "trade-off on something down the road!'. He said he has no connection with this at all. Commissioner Anderson stated that she did not feel a resolution would have as much weight as the law would. City Attorney McCord said he feels the Planning Commission has already indicated their intentions by indicating they would not approve the previously submitted preliminary plat of Phase II, which was withdrawn. Morton Gitelman said he felt any change in the original PUD plan would require Planning Commission approval. He stated that no one can get a final plat on Phase II without Planning Commission approval. Bill Kisor questioned if this is not covered in the protective covenants. Mr. Schwab explained that most of the property sold in Sequoyah Woods was sold with the idea that there would be tennis courts and a swimming pool there. He said Multi - Properties has given a 6-7 foot easement on each side of Whipporwill Street which they consider the "green area". Jerry Sweetser explained that there are no provisions in Phase II that the developers would build tennis courts or a swimming pool. It did state that the developer would furnish the land but not the construction of any recreational facilities. Mr. Schwab said they were aware of this. He stated that the green area should be 2.7 acres out of 40 acres. SEQUOYAH WOODS, TRACT C Revised Preliminary Plat North of Cherokee Drive $ West of Starr Drive 1 Planning Commission Meeting -3- APTU1. 10, 1978 Peg Anderson said she felt these are two separate problems. She stated that she is glad they have brought this to the attention of the Planning Commission but she does not feel there would be any particular value in passing a resolution. Rita Davis suggested that Mr. Schwab ask•.the man buying Phase II to contact either Bobbie Jones of someone on the Planning Commission, so that he will be aware that there'_is a problem. L. M. Kirby stated that this will make an added load on an already existing problem, Starr Road. He said they are concerned about the developments which will be using Starr Road. He stated that he feels they should take a long- range look at this area to see if there should be some additional roads leading in east/west further south to come into Starr Drive. Mr Kirby said he felt if Starr Drive was examined it would be found that it is not an improved road, as stated earlier by Mr. Jacks. Bill Flynn was present to represent Gertrude Flynn and her family who own property adjacent to Mr. Sweetser's property. He read a letter which stated that they are strongly opposed to any multi -family units being biuilt:near her :property. She felt the apartments would degrade her property value and was concerned about the increased traffic on Starr Drive. (This letter is on file in the Planning Office.) Chairman Davis explained that there is nothing the Planning Commission can do about the Planned Unit Development in Tract C which has already been approved. Keith Newhouse pointed out that Mr. Sweetser will be eliminating one access onto Starr Drive. He said he likes the traffic flow as shown on the revised plan. Mr. Newhouse further pointed out that Jerry Sweetser has decreased the density to allow 4.75 units per acre and 7 units per acre could be allowed in R-1. Mr. Newhouse felt what Mr. Sweetser is actually adding is more greenery and better use of the Planned Unit Development. Chairman Davis asked Planning Consultant Larry Wood how he felt about the revised plan andtarry Wood said he feels basically what Mr. Sweetser is doing is whatthecPlanned Unit Development ordinance is all about. He said the addition of this property puts the acreage over five acres which would allow it to stand as a PUD by':itself if it were not broughtlin with Sequoyah Woods. Mr. Wood said he feels, personally, that multi -family on this corner is probably a good choice at this time. He noted that there is a heavy commercial concentration being planned at Highway 265 and there are several pieces of property left near Starr _. . Road;:_and.calso.:S offiCeiis_ being planned in this area at this time. He said some of this property may be developed as single-family, but he doubts it. Beth Crocker asked Larry Wood what improvements he would recommend on Starr Road and Larry Wood said he feels it should be brought up to City standards. Jerry Sweetser said he had given 8 feet of right of way and said he would be willing to put curb and gutter and pave his portion of the street. Planning Administrator Bobbie Jones stated that the':original developer had given a fixed amount of money which was turned over to the County to use on the street as they saw fit. Jerry Sweetser said this was enough money to bring their portion of the street to City standards, but the County chose to improve the whole street to less than City standards. Ernie Stanberry, who owns property to the east of Starr Road said he was of the opinion that these units would be condominium•.type developments like Helen Edmiston's, rather than apartments. Jerry Sweetser said it is going to be similar to Helen Edmiston's condominium, and plans are available in his office for anyone who is interested to look at. He stated that the loan value for the first building (4 units) is$200,000. He said he plans to rent each unit for approximately $500 per month. • • • Planning Commission Meeting April:10. 197.8 -4- Keith Newhouse seconded Mr. Jacks' motion to approve the revised preliminary plat of Sequoyah Woods, Tract C, and waive the requirement that the interior street be constructed as a City street. Beth Crocker questioned if the Planning Commission is going to require the developer to develop Starr Road. Jerry Sweetser said he would object to giving the City money to develop the street, but he would be willing to develop his portion of the street. Commissioner Jacks amended his motion to add that they would require the developer to enter into a contract for his portion of Starr Drive, to be built upon the call of the City Manager. Keith Newhouse seconded the amended motion. Peg Anderson said she is concerned about the addition to a PUD. She said she feels this should be addressed in the new PUD Ordinance. The vote was 8-0-1, with Hailey, Kisor, Power, Anderson, Davis, Jacks, Newhouse, and Gitelman voting "Aye" and Crocker abstaining. The fourth item for discussion was the approval of an amendment to a conditonal use request to add a racquetball court and an indoor tennis court for Summerhill Racquet Club, located on Summerhill Drive. William Meadows was present to represent. Mr. Jacks said the Subdivision Committee waived the setback requirements from the from the north to permit a setback of 65 approve the amendment to the conditional No one was present in opposition. The motion passed unanimously. SUMMERHILL RACQUET CLUB Amendment to CU Request Summerhill Drive recognized. that they have previously east to permit a setback of 50 feet and feet. Mr. Jacks made a motion to use. Keith Newhouse seconded the motion. Next was consideration of a duplex DUPLEX CU REQUEST conditional use request submitted Rex Benham by Rex Benham for duplexes in an Mission & Lafyaette R-1, Low Density Residential District, located on the Northwest corner of Mission and.Lafayette Streets. George Faucette, Jr. 'was present to represent the petition. Mr. Faucette noted that there was a petition submitted'in opposition to the duplex request which had 21 signatures on it. Mr. Faucette pointed out that five of those signing are in.the R-2 district, five are not in what he would consider adjacent property, and one is already being used as a duplex. He said the three duplex lots proposed are nearly half an acre, which is considerable more than what is required for a duplex. He said they could put five single-family lots there, but that would eliminate more trees. Someone in the audience questioned why Mr. Faucette would have to either develop this as single-family or duplexes. Mr. Faucette explained that the economics of the situation would eliminate the idea that the property would remain as it is. He said they have been trying to sell the property as it is for approximately two years. Jim Whitehead, Lafayette Street, said he feels both plans are unsatisfactory, and said he feels the property should be sold as it is. He felt either plan would cause irreparable damage to the neighborhood. Dwain Cromwell, 417 E. Lafayette, agrees with Mr. Whitehead. Planning Commission Meeting April 10, 1978 Mr. Faucette said Mr. Benham would be willing to withdraw the request for a conditional use for a duplex for the existing house and let that house remain as single-family. Pat Keating, 409 E. Lafayette, said her objection to rental property is that it is usually not cared for as well as single-family. She said she would rather see several small single-family homes there than two new duplexes. Mr. Faucette said that half the property across the street is rental, on Fletcher Street a portion of one house is being rented, and there is rental property to the west. Alex Ford, North Willow St., said he would like to see the plans for the hcuses and duplexes that the developer is proposing to build to see if they would fit in with the character of the neighborhood. Peg Anderson said she feels people must face up to the fact that they need duplexes, andin the central part of the City, they will need a greater density. She stated that duplexes would be more energy efficient as well. Commissioner Power stated that the Planning Commission has always made an effort to hear each person who has something to say but each commissioner generally has time to look at the property and give thought to the vote. He stated that some of the commissioners have always been in favor of duplexes and some of the commissioners usually vote for single-family. John Power made a motion to deny the request for duplexes. Ernest Jacks seconded the motion. Mr. Jacks questioned if the Planning Commission would have to approve lot splits and Bobbie Jones explained that there are two platted lots and each lot will qualify for three lot splits if they meet the requirements for lot frontage and area, without Planning Commission approval. The motion passed 6-3, with Hailey, Power, Jacks, Kisor, Newhouse, and Crocker voting -"Aye" and Anderson, Gitelman, and Davis voting "Nay". John Power left at 6:45 P. M. Next was the public hearing on Rezoning Petition R78-8, E. Lamar Pettus and William Weston Rogers to rezone property located east of County Avenue between Center Street and Mountain Street from District to C-3, Central Commercial District. Lamar Pettus was present to represent. Planning Consultant Larry Wood said he has not property for the following reasons: R-2, Medium recommended REZONING PET. R78-8 E. Lamar Pettus "County Avenue Density Residential the rezoning of this 1. The requested C-3 district is contrary to the public use recommendation of the General Plan; 2. Commercialization of the area east of the Courthouse should not be encouraged with the narrow streets, steep terrain and difficult access that exists; and 3. A C-3 District at this location would establish a precedent for additional commercial encroachment cif the residential area to the east. Planning Commission Meeting April 10, 1.978 -6- • Mr. Pettus said they were approached by the County approximately one year ago on the possibility of them buying the property to turn it into a County parking lot. He noted that the quorum court has had many problems this year and every time this was put on the agenda, it was tabled until a later meeting. He said the County and other people in the area have approached them about parking on the property. Mr. Pettus said they are not concerned about the zoning, but he understands that the only way they can develop the property into a parking lot and charge people to park there is to have it zoned commercial. Mr. Newhouse questioned how many cars they could park there and Mr. Pettus said the plan calls for 29 cars, but the maximum use would be 36 cars. Attorney Richard Osborne was present representing the Off -Street Parking District #1, who:is in the process of acquiring parking areas in the square He said they are spending 3/4 million dollars to get parking for the Square. Mr. Osborne said they do not feel the Square will survive without more parking and they are in favor of the proposed parking lot. Mr. Osborne pointed out that the First National Bank is going to take 68 spaces when they build their new building, and something will be built on the south side of the Square which will require more parking. Chairman Davis asked Larry Woodsif the fact that this C-3 will be used for a parking lot changes his mind on the rezoning and Larry Wood said it would not -- he sees this as a zoning problem. He noted that if the County bought the lot they could use it for whatever they want without changing the zoning. Mr. Pettus said he would be willing to submit a Bill of Assurance that the property will be used only for parking. There was some question as to if a Bill of Assurance would bind the property owner to using the lot only for parking and Richard Osborne said he felt it would be binding. • Keith Newhouse made a motion to approve the rezoning with a Bill of Assurances that the property will only be used for parking. Bill Kisor seconded the motion, which passed 6-1-11.with:Newhouse, Kisor, Davis, Gitelman, Crocker, and Jacks voting "Aye", Hailey voting "Nay" and Anderson abstaining. • Next Was the public hearing on Rezoning REZONING PET. R78-9 Petition R78-9, Jerry D. Sweetser to rezone Jerry D. Sweetser property located at the corner of North Gregg N. Gregg $ Lawson Sts. and Lawson Streets from R-1, Low Density Residential District to R-2, Medium Density Residential District. Jerry Sweetser and Chad Kumpe were present to represent the petition. Planning Consultant Larry Wood noted that they had seen this petition two and a half years ago, and he had recommended at that time that they not approve the rezoning because he felt this would intrude on the single-family to the east and south. He said that since that time, the Planning Commission has had discussions about the need to fill in vacant parcels which are closer to the City rather than those on the perimeter. He said they also need to think about increased density. Mr. Wood said he has suggested to the Planning Commission that he feels apartments could be built on this parcel without a great deal of disruption to the single-family which is situated on a higher terrain. Mr. Wood said he has suggested the developer build duplexes on the east end which would be closer to the single-family on Vandeventer and multi -family closer to Gregg Street. Chad Kumpe said he had talked to two of the objectors of the petition when it was submitted previously and he was lead to believe the people were opposed to the basic multi -family and to students. Mr. Kumpe presented the Planning Commission with letter from Mr. Gibson, at the University, and Dale Christy, giving statistics on the need for additional rental units in this area. Mr. Kumpe stated that Fayetteville is going up in rental percentage like the larger • • Planning Commission Meeting April 10, 1978 -7- cities of Little Rock and Houston. Mr. Kumpe said the people in the moderate to low income bracket do not have any place to live. He stated that 36 units would provide housing for those people who are moving to Fayetteville from the North and those moving in to Fayetteville from the outskirts. Mr. Kumpe pointed out that the developer has submitted a Bill of Assurance that only 36 units will be built on the property. Jerry Sweetser said he had talked to the In§pection:Department and tried to come up with some way to develop this property and they were unable to come up with anything feasible. Mr. Sweetser said this was platted in May, 1946, and had never sold until a few years ago. Mr. Sweetser stated that from North Street north to the R-2 property and from the Veteran's hospital to the railroad tracks, there has only been three building permits issued since the last time he asked for the rezoning. He said that this tells him that this property is not suitable for single-family residences. He noted that if you build a single- family house, you do not want it overlooking the railraod tracks. He said the land across Gregg is presently owned by Steve Cummings and is zoned R-2. He said one house on the other side is presently being occupied by about six families even though it is in R-1. Mr. Sweetser stated that they will offer a shuttle bus service to the University so that will eliminate some of the traffic problem. He also noted that Gregg Street is being developed as a four - lane street, and Sycamore is being developed from Garland to Highway 71 which will help solve some of the traffic problem. Mr. Sweetser said if the Planning Commission feels this is not in the best use of the land, he will build single-family homes there. Mr. Sweetser said he would be Willing to submit a Bill of Assurance that he will build his portion of Lawson Street. Walter Brown, North Vandeventer, said the Master Plan shows Gregg Street as a buffer between the houses and the railroad track with the neighborhood between Gregg and the railroad track as R-3, High Density Residential. Mr. Brown felt these lots which Mr. Sweetser has would sell if the street was paved and curbed and guttered. He did not feel these lots had been seriously for sale.. Mr. Brown said they would not abject to duplexes and he resents the implication that they are opposed to students. Sam Swiggert, owning -property at 410 Holly, said he had owned the property which Mr. Sweetser now owns, for 45 years and it had never been for sale. He said they sold it in 1974, to a friend, with the understanding that it would never be used for anything other than single-family residential. He said they were shocked to learn that this was then sold to Mr. Sweetser. Mr. Swiggert': said he regrets ever having sold the property. Mr. Swiggert said he feels the Planning Commission would be doing all of them a grave disservice by granting the rezoning. He felt this would decrease the property value of all surrounding property. Henry Hicks said he does not live in this area, but was brought into this by a friend. He said he had talked to one member of the Commission who told him that since he does not live contiguous to this area, they would not pay any attention to his opinion. Mr.Hicks said Mr. Sweetser is a known developer of land who has bought land adversely zoned for his intentions. He said it seems a person would not ordinarily do this unless he was pretty sure of getting "favorable consideration" from the Commission. He said he hoped those there in opposition did not see "further justification for this suspicion". He said when land has a certain zoning, he felt it should not be changed. Chairman Davis explained that the Commission is faced with rezoning petitions constantly since things change. She said the fact that a person buys property with the idea that the Commission would rezone it simply is not true. She stated that people take chances every day, and sometimes they work out and sometimes they don't: Planning Commission Meeting April 10, 1978 -8- Jewell Hughes Bushey, 330 Holly, was also present in opposition. She read a statement that indicated that she does not feel there is a need for apartments there. She also was concerned that there would be an increase in traffic. Mrs. Bushey said she and her husband had spent a great deal of their savings for their home and did not want to see the property depressed in value. She said Mr. Sweetser could build one -family houses there but chooses to build apart- ments because that is where the money is. Zeke Taylor, 1342 North Gregg, said he owns property on two sides of this proposed development.. He said he had received two letters from Chad Kumpe asking him to discuss the possible sale of his property to Mr. Sweetser. Mr. Taylor said he had regarded the second letter he had received as threatening. He read both letters to the Planning Commission. (These letters are on file in the Planning Office.) Mr. Taylor stated that he told Mr. Kumpe that he would never sell his property for any amount of money and would not be driven out of his home. Charles Agee was also present in opposition. He agreed with the reasons stated by the others. Keith Newhouse questioned if there would still be a driveway from Gregg and Jerry Sweetser said he thought the area where he had shown the driveway was a platted alley. Mr. Swiggert said earlier that he owned that property and Mr. Sweetser stated that he had been told by the person whom he bought the property from that it was his property, but asked that the Commission not consider the driveway from Gregg. He asked that they consider both accesses to be from Lawson. Keith Newhouse made a motion to deny the rezoning request on the basis of the antagonism engendered by the neighbors. Ernest Jacks seconded the motion, which passed 6-2, with Gitelman, Newhouse, Jacks, Crocker, Anderson, and Hailey voting "Aye" and Davis and Kisor voting "Nay". Next was the public hearing on Rezoning Petition R78-10, REZONING PETITION R78-10 Kenneth McKee to rezone property located North of Kenneth McKee Poplar Street and east of Leverett Avenue from R-2, Poplar $ Leverett Medium Density Residential District to R-3, High Density Residential District. Murl Steed was present to represent the petitioner. Murl Steed noted that there was an error in the description submitted and Mr..McKee is actually asking for a rezoning on Lot 7 also. She stated that this would increase the land area from 2.4 acres to 3.88 acres. She stated that her client is wanting to put 100 units on the property and with the 3.88 acres, he can put 93.12 units -- he would only be short 6.88 units. Ms. Steed asked Planning Consultant Larry Wood if this would make a difference in his planning report. Mr. Wood stated that since Lot 7 was not advertised, the Planning Commission would not be able to take any action on that lot. Mr. Wood stated that the difference in acreage would not change his recommendation to the Planning Commission which recommended that they not rezone the _property for the following reasons: 1. The requested R-3 District is contrary to the medium density recommendation of the General Plan; 2. The existing R-2 District permits the construction of apartments at a maximum density of twenty-four units to the acre, which is consistent with recent apartment construction in this area and there is not apparent reason for increasing the density; and Planning Commission Meeting April 10, 1978 3. A change to R-3 District at this location could establish a precedent for greater density in an area that already has a large dwelling unit concentration potential. Harrison Davis, who would be doing the construction on the apartments, stated that there are all apartments in the area, except for the 7-11 Grocery on the corner. Mr. Davis said he feels sure the owner would be willing to submit a Bill of Assurance that only 100 units would be built. Peg Anderson made a motion to deny the rezoning request on the basis of Planning Consultant Larry Wood's report. Morton Gitelman seconded the motion. Attorney Richard Osborne was present to represent the following property owners, who own property surrounding this property and on all four corners: Beloit Taylor, Murray Rasberry, Gene Thrasher, Wayne Bailey, and Ray Rastall. He stated that they are against the rezoning petition. The motion made by Anderson and seconded by Gitelman passed 8-0. The last item for consideration was a conditional CONDITIONAL USE REQUEST use request for property located at 1770 North 1770 North College College for a sheet metal shop to be located at James S. Jackson the back of Harding Glass property zoned C-2, Thoroughfare Commercial District, submitted by James S. Jackson. Mr. Jackson was present to represent the request. No one was present in opposition. Ernest Jacks made a motion to approve the conditional use. Bill Kisor seconded the motion, which passed unanimously. The meeting adjourned at 8:10 P. M. RESOLUTION PC23-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, April 10, 1978, 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 R78-8, E. Lamar Pettus. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVITJ.F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-2, Medium Density Residential to C-3, Central Commercial.District. LEGAL DESCRIPTION: Part of the Northwest Quarter of the Southwest Quarter of Section Fifteen, T -16-N, R -30-W of the Fifth P.M., described as beginning at a point which is 13 feet South, thence 238 feet East from the Northwest corner of said forty acre tract and running thence South 86 feet; thence East 72 feet; thence North 86 feet; thence West 72 feet to the place of beginning and also being known as a part of Lot Six in the County Plat of the Southwest Quarter of Section Fifteen, in T -16-N, R -30-W of the 5th P.M.; AND: Part of the Northwest Quarter of the Southwest Quarter of Section 15 in T -16-N, of R -30-W, described as follows, to -wit: Beginning at a point which is 231 feet East and 161 feet South of the Northwest corner of the said forty acre tract, and running thence East 54 feet, thence South 532 feet, thence West 54 feet, thence North 532 feet to the point of beginning, all located in the City of Fayetteville, Arkansas, and known and described on the County Court Plat of the said Southwest quarter of said Section 15, T -16-N of R -30-W, as a part of Lots 19 and 20 of said subdivision or plat; AND: The South 62 feet of Lot Numbered Six of the County Court Plat of the Southwest Quarter of Section 15, T -16-N, R -30-W, being situated in the City of Fayetteville, Arkansas. SECTION 2. That the above described property be rezoned from R-2, Medium Density Residential to C-3, Central Commercial District, to that petitioner may develop property accordingly. PASSED AND APPROVED this APPROVED: day of , 1978. John Power, Chairman • • • RESOLUTION PC24-78 WHEREAS, a public hearing was held by the City Planning Commission, Monday, April 10, 1978, 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 Jerry D. Sweetser, R78-9 NOW, THEREFORE, BF IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVITJE, 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. LEGAL DESCRIPTION: Lots 11 through 17 in Country Gardens Addition to the City of Fayetteville, Arkansas, and part of the Southwest Quarter of the Northeast Quarter of Section 9, T -16-N, of R -30-W, more particularly described as beginning at the.Southwest corner of the SE Quarter of the NE Quarter of Section 9, in Township 16 North of R-30 W, proceed North 0 degrees 13 minutes West 1161 feet, thence East 167.5 feet to. the Northeast Corner of Lot 18 for a point of beginning, thence East 400 feet, thence South 0 degrees 13 minutes East 125 feet; thence West 400 feet; thence North 0° 13 minutes West 125 feet to the Point of Beginning, containing 1.14 acres, more or less. LESS AND EXCEPT beginning at the Northeast corner of the above described tract and running thence South 0 degrees 13 minutes 50 feet, thence West 60 feet, thence North 0° 13 minutes West 50 feet, thence East 60 feet to the place of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1978. APPROVED: John Power, Chairman RESOLUTION PC25-78 WHEREAS, A public hearing was held by the City Planning Commission, Monday, April 10, 1978, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the petition of Mr. Kenneth McKee, R78-10 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-2, Medium Density Residential District, to R-3, High Density Residential District, be denied. LEGAL DESCRIPTION: Lots , 8, 9 and the West 34 feet of Lot numbered 10, of Block number 3 of Parker's Plat of Valley View Acres Subdivision to the City of Fayetteville, Arkansas. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1978. APPROVED: John Power, Chairman