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HomeMy WebLinkAbout1978-05-08 Minutes• • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning in the Board of Directors MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Commission was held on Monday, May 8, 1978, at 5:00 P. M., Room, City Administration Building, Fayetteville, Arkansas. Morton Gitelman, Elizabeth Crocker, Keith Newhouse, Ernest Jacks, Chairman Rita Davis, Peg Anderson, John Power, Bill Kisor. Newton Hailey. Bobbie Jones, Angie Medlock, Jim Lindsey, Gary Carnahan, Neal Albright, Ellis Bogan, George Faucette, Jr., Jim Stephens, Rick Cowdrey, Jay Berryman, Cleo Smith, Marie Eoff, David Knoll, Mrs. Gary Blake, Richard Osborne, George Shelton, John Murry. Chairman Rita Davis called the meeting to order. The minutes of the April 24, 1978 Planning Commission meeting were approved as mailed. MINUTES The first item considered was approval of the preliminary GRANDVIEW PLACE plat of Grandview Place Subdivision, located at the South- Preliminary Plat east corner of West 24th Street and Highway 71 South; Leo W. 24th $ Hwy. 71 S. P. Peel and Mildred Peel, developers. This item was tabled at the April 10, 1978 meeting to obtain signatures of adjoining property owners. Mr. Jacks said Mr. Albright still does not have written proof of notification of adjoining property owners. Mr Jacks made a motion to table this until they have signatures of adjoining property owners. Bill Kisor seconded the motion, which passed unanimously. The second item was approval of the informal plat of Gilchrist Meadows Subdivision located south of Mt. Comfort Road and north of Hamestring Creek, located outside the city limits; H. R. Gilchrist, developer. George Faucette, Jr. was present to represent the plat. Mr. Jacks made a motion to approve the informal plat with the following stipulations: 1) conform to Plat Review comments and 2) the lots be allowed to develop with wells for water, rather than extending the water line 3,200 feet. Bill Kisor seconded the motion. George Faucette explained that the closest point to bring water in from on road right of way would be 4,250 feet. The vote was 7-1, with Gitelman, Newhouse, Jacks, Davis, Anderson, Kisor, voting "Aye" and Crocker voting "Nay". The third item for discussion was the approval of the revised final plat of the replat of Block 3, Sweetbriar Addition, located North of Sweetbriar Drive; Paradise Valley Developers, Inc. This is a Planned Unit Development GILCHRIST MEADOWS Informal Plat Mt. Comfort Road SWEETBRIAR ADDITION Final Plat of Replat of Block 3 Paradise Valley Developers Neal Albright and Ellis Bogan were present to represent. Ernest Jacks made a motion to approve the revised final plat subject to meeting Plat Review Comments and with the provision that they get the necessary approval from the Board of Adjustment on the change in acreage in the Planned Unit Development. Keith Newhouse seconded the motion. Neal Albright said Mr. Bogan has decided to put the 40 feet, which is mostly the creek, back into the legal description as common property to avoid going back to the Board of Adjustment for a change in the acreage. Mr Jacks amended his motion to approve the final plat with the acreage to conform to the Board of Adjustment approval. Keith Newhouse seconded the amended motion which passed 8-0. • Planning Commission Meeting May 8, 1978 -2- The fourth item for consideration was the WESTWOOD SUBDIVISION approval of the final plat of Westwood Final Plat Subdivision located West of Sang Avenue Sang F Maple and north of West Maple Street; S F, J Co., developer. Jim Stephens and Rick Cowdrey were present to represent. Ernest Jacks made a motion to approve the final plat as shown. He noted that there was a problem with the house numbering but they decided to number the houses consecutively from the south street (Loren Circle). Keith Newhouse seconded the motion. Mr. Gitelman asked if all the driveways on the south lots would only have driveway access from Loren Circle and Mr. Jacks said "yes". Bobbie Jones stated that there is a note on the plat that no driveways will have access from Maple. The motion passed 8-0. The fifth item for discussion was the CANVAS MOUNTAIN approval of the preliminary plat of Preliminary Plat Canvas Mountain Subdivision located Starr Drive East of Starr Drive and North of Wyman Road; James E. Lindsey, developer. Mr. Jacks made a motion to approve the preliminary plat with the following contingencies: 1) show a lot option north of Canvas Road which would serve as a method of tying into adjacent property; 2) execute a lot split for the Meason property; 3) waive the maximum grade to 20%; 4) waive the contour intervals;`5)..provide a copy.of the protective covenants, and 6) waive City street standards to permit County standards. Keith Newhouse seconded the motion. Beth Crocker asked if they would be making any improvements to Starr Drive and Jim Lindsey said the County did not require them to upgrade Starr Road. Bobbie Jones said General Kendall said everything was fine. Gary Carnahan said the County does require paving for the interior streets since the County Ordinance states.that they must be double chip and oil seal. Beth Crocker said she doesn't see this property staying outside the City much longer and she feels the street should be upgraded. Mr. Lindsey indicated he would be willing to participate in tying in with the existing paving on Starr Drive if the County would help pay for the improvements. David McWethy said that in the past year the Board of Directors passed a policy on annexation that rural subdivisions will not be annexed into the City unless the property owner's bring the streets and drainage up to current City standards. The motion to approve made by Mr. Jacks and seconded by Keith Newhouse passed 8-0. Mr. Gitelman asked if these platted subdivision lots would be eligible for lot splits and Bobbie Jones said they would be if they conform to subdivision regulations. Beth Crocker said she feels this violates the spirit of the ordinance. She felt they should be required to do any further division with a subdivision plat. Chairman Davis asked Bobbie Jones to ask City Attorney McCord for an opinion on this. Next was approval of the preliminary and final CROSSROADS EAST plat of Crossroads East Subdivision located north Hwy. 45 $ Hwy. 265 of Highway 45 and east of Highway 265; E. J. Ball Preliminary F, Final Plat and Charles E. Jr. and Clydene Scharlau, developers. Jim Lindsey and E. J. Ball were present to represent. Ernest Jacks explained that there is a problem with these lots not being able to tie on to sewer at the present time. He said the property will need to be developed on septic tanks. He explained that according to Don Bunn, City Engineer, sewer, if approved in the 1978-1979 budget, should be in by the summer of 1979. He noted that the developer has asked for a waiver for sidewalks and said some of the property is very steep and it would be difficult to build a sidewalk on that property. • • • Planning Commission Meeting May 8, 1978 Mr. Jacks made a motion to approve the preliminary and final plat with the following stipulations: 1) waive the street light requirement; 2) have a note put on the plat that the property ownersbe:required to tie on to sewer when it is servicable; 3) waive the sidewalk requirement for Lots 2, 3, and 4, Block 2. Keith Newhouse seconded the motion. Mr. Ball indicated he would be willing to provide the City with a Bill of Assurance to construct sidewalks along his property on the west side of Highway 265 if they are waived on this property. Mr. Gitelman questioned if there is any way of getting into the property without having 8 driveway entrances onto Highway 265. Rita Davis said the driveway_permits would have to be cleared by the State Highway Department. Peg Anderson suggested that they use four joint driveways rather than 8 individual driveways. Bobbie Jones said she felt this would be o.k. to just get one driveway permit and share the driveway. The motion passed 8-0 to approve the preliminary and final plat of Crossroads East. The sixth item was the public hearing on Rezoning REZONING PETITION R78-13 Petition R78-13, David White Electroncis to rezone David White Electronics property located on the southwest corner of. Rock 101 W. Rock Street and Block Streets from R-0, Residential Office District to C-2, Thoroughfare Commercial District. Cleo Smith and Jay Berryman were present to represent. Cleo Smith said he has power of attorney for David White Electronics. Chairman Davis noted that the main problem which Planning Consultant Larry Wood pointed out is that you would be going down in to Block Street with a commercial zoning. Jay Berryman said that there is already C-2 at the intersection of Archibald Yell and Block Streets. Mr. Berryman stated that the proposed building is structural steel and will have brick veneer on the front. He said there will be a large landscaped area along Block. Mr. Smith said they do have a commitment to buy the house on the corner of Church and Rock to tear it down and build a nice office building. Commissioner Power said he disagrees with the general philosophy of the downtown area. He said he feels this would be a real nice improvement to what is already existing in that area. John Power made a motion to approve the rezoning as requested. Ken Lazenby said he owns property on Rock and is also representing three other property owners. He stated that there is a definite need for business property surrounding the square and because of a lack of proper zoning, it has forced business people to seek locations elsewhere. He felt that a lot of these people would prefer to be closer in to the Square. He said he feels it is time the City gave favorable consideration to rezoning property for this type of enterprise. Bill Kisor seconded Mr. Power's motion to approve the rezoning. Mr. Gitelman questioned what portion of the lot is not presently zoned C-2 and Mr. Berryman said it would be approximately 3300 square feet. Beth Crocker questioned how much of the additional C-2 area would be taken up with the building and Mr. Berry explained that there is a 15 foot setback from the R-0 property. Beth Crocker said she is concerned that some of the people living in the adjoining houses may not want a large building near them. Peg Anderson stated that they had been notified of the rezoning request. Mr. Jacks asked Mr. Lazenby if he is planning to request C-2 zoning for the lots which he represents. Mr. Lazenby indicated they would be requesting commercial zoning but it would not be in the immediate future. The motion to approve pp.ssed 8-0. Planning Commission Meeting May 8, 1978 -4- Next was the public hearing on the conditional use request submitted by David White Electronics to operate a small electronic parts warehouse at 101 W. Rock Street zoned C-2 (Rez. Pet. 78-13). John Power made a motion to table this request until they have gone through the rezoning process. Mr Jacks said they have handled rezonings and conditional use requests together in the past. Bobbie Jones said they have done this on occasion, and if the rezoning is denied by the Board of Directors, the conditional use would be void. Peg Anderson said she does not see any reason to table this. The motion to table died for lack of a second. John Power made a motion to approve the conditional use contingent upon approval of the Board of Directors. Bill Kisor seconded the motion. Peg Anderson said she is concerned about the warehouse use. Mr. Smith said this will be a very quiet use. The type of trade they have will not create a parking or traffic problem on Rock Street. Peg Anderson questioned if there would be any type of servicing of electronic equipment and Mr. Smith said "no". He stated that 90% of their traffic sales are from dealers in the City who would drive over and pick up small items. The conditional use request was approved unanimously. DAVID WHITE ELECTRONICS Conditional Use 101 W. Rock St. Next was the public hearing on Rezoning Petition REZONING PETITION R78-14 R78-14, Marie Eoff to rezone property located on Marie Eoff Highway 71 South and Willoughby Road from R-1, Hwy. 71 S. & Willoughby Rd. Low Density Residential District to C-2, Thoroughfare Commercial District. Marie Eoff and David Knoll were present to represent. Rita Davis noted that Planning Consultant Larry Wood recommended that the portion of the west side of Willoughby Road remain R-1. Bobbie Jones pointed out that the property on the west side of Willoughby Road is zoned I-1. Mr. Jacks asked if there is a piece of landlocked property behira this and Bobbie Jones said there is a piece which is landlocked east of the northern portion of this property, which is owned by Mr. Thrasher. Marie Eoff said she had discussed this with Mr. Lieberenz and Bobbie Jones and they told her that any time this property was developed or sold, they would have to give Mr. Thrasher an easement for access. She said this may have to be done with other property owners because there is another piece of property behind her property which he would also have to cross. Mr. Jacks stated that he felt the real issue is if the Planning Commission wants to increase the depth from 400 feet to 546 feet. Peg Anderson made a motion to approve rezoning this property to C-2, back to 400 feet east of the centerline of Highway 71 South and north of Willoughby Road, to coincide with the other C-2 zoning along Highway 71 South. John Power seconded the motion, which. passed 8-0.. The tenth item was a conditional use request submitted by Mrs. Gary D. Blake for a • childcare facility in her home at 734 E. Lakeside Drive, property zoned R-1, Low Density Residential. Mrs. Blake was present to represent. No one was present in opposition. Bill Kisor made a motion to approve the request. Ernest Jacks seconded the motion. Beth Crocker questioned if there was a sign put up on the property and Bobbie Jones explained that the only time they put up signs is for a duplex conditional use or a rezoning petition. Rita Davis said she felt the Planning Commission had voted Mrs, Gary Blake Conditional Use Request 734 E. Lakeside Dr. • • Planning Commission Meeting May 8, 1978 that the adjoining property owners should be notified on all conditional uses and a sign be put on the property. John Power said they did request that adjoining property owners be notified on conditional uses, as a matter of policy, where before they were not required to be notified. Chairman Davis said she felt they should be more careful with conditional uses. Beth Crocker asked if there is an age limitation on what children she will keep and Mrs. Blake said she will take infants up to two years. She said she plans to either keep five children alone or 9 children if she has a helper. She noted that now she does have a helper. She said Nonnie Vance, who issues the state license, had indicated she could keep more children than this if they were over two years old. The motion to approve the conditional use request passed unanimously. Next was a conditional use request submitted by William R. Rogers for renewal of a real estate office in a residence located at 500 Vinson, zoned WILLIAM R. ROGERS Conditonal Use Request 500 Vinson St. R-1, Low Density Residential District. No one was present in opposition. Ernest Jacks made a motion to approve the request for a temporary real estate sales office. Peg Anderson seconded the motion, which passed 8-0. Beth Crocker said she is not sure the real estate office is the type of use the Subdivision Ordinance is talking about as a home occupation. She felt when they are talking about a temporary use for a real estate facility it sounds more like the kind of thing you would set up if you were selling off lots in a new subdivision. The twelfth item for discussion was a letter from City Attorney Jim McCord expressing concern from the Fayetteville Board of Adjustment concerning clarification of street frontage requirements as set out in the Zoning Ordinance. Richard Osborne was present to represent the Board of Adjustment. Mr. Osborne said the Board of Adjustment keeps getting requests for variances as to street frontage because somewhere in the Code it says that 25 feet of frontage will be sufficient. Mr. Osborne said the Board of Adjustment has run into cases where someone has a perpetual easement that would run with the land and some of the Board of Adjust ment members see no reason why this would net suffice in the same way as actual frontage, if the Planning Commission feels this would be o.k. Richard Osborne pointed out that they had a case recently where someone wanted to buy property in the back of Harding Glass to be used as a sheet metal shop. He said they would have a perpetual 25 foot easement to the property. He pointed out that the lot split requirements would not allow this property to be sold but it could be leased for any period of time. He stated that the Board of Adjustment refused to allow the selling of this property in the rear since it does not actually have "street frontage". He said it seems irrational that they can lease the property but cannot buy it. Mr. Jacks asked Mr. Osborne if he is suggesting the possibility of drafting a change in the Ordinance to allow two buildings to use one 25 foot access. Richard Osborne said he would like for the Planning Commission to consider this. Bobbie Jones said the Ordinance does not set out a minimum frontage requirement in a commercial zone but it does say that all lots shall have access on a City street and shall have safe and convenient access for emergency vehicles. Richard Osborne said he feels the Ordinance should be changed but noted that he is not speaking for the Board of Adjustment. He said the Board just wants the Planning Commission to look at this issue. Richard Osborne suggested that the Chairman appoint some members of the Planning Commission to meet with City Attorney McCord on this and report back to the Planning Commission. Rita Davis asked that Bill Kisor and Ernest Jacks talk to Jim McCord. REQUEST FROM BOARD OF ADJUSTMENT FOR CLARIFICATION OF STREET FRONTAGE REQUIREMENT • • • Planning Commission Meeting May 8, 1978 -6- Next was a request for approval of off-site FIRST NATIONAL BANK parking submitted by First National Bank Off-site Parking for a new building to be constructed on Fayetteville Drug the northwest corner of Mountain and Block to be occupied by Fayetteville Drug Store. George Shelton was present to represent. He said they would like to count the spaces in the public parking lot to the west of this property as their parking requirement. John Power said when they waived off-site parking requirements for First Federal he feels they set a precedent and he does not see that they can turn this request down. Bobbie Jones said the only time she can recall that they allowed someone to use the City lot to meet parking requirements is for the restaurant on the corner of Church and Mountain Streets. Peg Anderson made a motion to waive the parking requirement to allow off-site parking in the parking lot immediately west behind the drug store, in a C-4 zoning district as set out in Article 8, Section 9b. Ernest Jacks seconded the motion, which passed 8-0. Next was a request for approval of off-site THE CHINA HUTCH parking submitted by The China Hutch, a bridal Off-site Parking registery shop, to be located on the south side of Dickson between East and Block Streets. John Murry was present to represent the request. He noted that they would like to use the McClinton lot for their parking requirement. No one was present in opposition. Peg Anderson made a motion to approve the off-site parking request in accordance with Article 8, Section 9b of the Zoning Ordinance. Morton Gitelman seconded the motion, which passed unanimously. The last item for discussion was a finding from City Attorney Jim McCord concerning validity of a Bill of Assurance in a rezoning request. Mr. Gitelman said he felt to trade a rezoning for a Bill of Assurance is wrong. He said that statutes to allow this but in Arkansas, there is the other. The meeting adjourned at 7:00 P.M. VALIDITY OF BILL OF ASSURANCE IN REZONING REQUEST in some states they pass special no real law on this one way or • • V ' RESOLUTION PC 29=78 WHEREAS, at its regular meeting on Monday, May 8, 1978, the Fayetteville Planning Commission voted to approve the informal subdivision plat dated , 19 , known as Gilchrist Meadows Subdivision submitted by H. R. Gilchrist; and NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the Gilchrist Meadows Subdivision described as follows: LEGAL DESCRIPTION: Part of the Fraction West Half of Section 2 in Township 16 North of Range 31 West, and being more particularly described as follows; To -Wit: Beginning at the Northwest Corner of said Fractional West Half, and running, thence S 0° 30'W along the West line of said Fractional West Half 869.19 feet, thence S85° 20'E 729.96 feet to the centerline of a hollow, thence N79° 16' E along said hollow 205.25 feet; thence S66° 50'E along said hollow 432.22 feet, thence South 16.11;; thence along an existing hollow and a creek centerline the following bearings and distances: S27° 50'E 97.90 feet, S72° 25'E 55.59 feet, S08° 04'E 113.49 feet, S74° 33'E 118.88 feet, N85° 12'E 96.80 feet, thence N 0° 09'W to and along an existing fence 1314.34 feet to the North line of said Section 2, thence N89° 57'W along said Section line 1641.22 feet to the point of beginning Containing 37.38 acres, more or less. Subject to that portion contained in Road Right -of -Way along the North side of herein described tract. PASSED AND APPROVED this day of , 1978. ATTEST: Keith Newhouse, Secretary APPROVED: Rita Davis, Chairman RESOLUTION PC 30-78 WHEREAS, at its regular meeting on Monday, May 8, 1978, the Fayetteville Planning Commission voted to approve the final subdivision plat dated , 19, known as the replat o£ block 3, Sweetbrier Addition, submitted by Paradise Valley Developers; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Paradise Valley Developers enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION 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 Planning Commission of Fayetteville, Arkansas hereby approves the final plat along with the land dedi- cated for streets and other public uses in the Block 3, Sweetbriar Addition described as follows: LEGAL DESCRIPTION: Part of the SE* of Section 25, T -17-N, R -30-W of the 5th Principal Meridian in Washington County, Arkansas and being particularly described as follows; to -wit: Beginning at a point which is N89°51' 18"W 371.60 feet and N00° 08' 42"E 175.00 feet of the NE Corner of the SE* of the SE* of said section 25; thence S89°51'18"E 100.00 feet; thence N00°08' 42"E 125.00 feet; thence N89°51'18"W 1050.00 feet; thence S00°08'42"W 125.00 feet; thence S89°51'18"E 950.00 feet to the point of beginning. PASSED AND APPROVED this ATTEST: Keith Newhouse, Secretary APPROVED: John Power, Chariman 1978. RESOLUTION PC 31-78 WHEREAS, at its regular meeting on Monday, May 8, 1978, the Fayetteville Planning Commission voted to approve the final subdivision plat dated , 19 , known as Westwood Subdivision submitted by S & J Company; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that S & J Company enter into and furnish the city with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVITJF, ARKANSAS: SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final sub- division plat. SECTION 2. That the City Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedi- cated for streets and other public uses in the Westwood Subdivision described as follows: LEGAL DESCRIPTION: The South z of the SW* of the SW* of Section 8, T -16-N, R -30-W, more particularly described as beginning at the SW corner of said Section 8, thence N 660.00 feet; thence S89°08'54"E 1318.62 feet; thence South 660.00 feet; thence North 89°08'54"W 1318.62 feet to the point of beginning, containing 19.98 acres, more or less, to the City of Fayetteville, Washington County,Arkansas. PASSED AND APPROVED this APPROVED: day of , 1978. Rita Davis, Chairman ATTEST: Keith Newhouse, Secretary • • RESOLUTION PC 32-78 WHEREAS, at its regular meeting on Monday, May 8, 1978, the Fayetteville Planning Commission voted to approve the final subdi- vision plat dated , 19 , known as Crossroads East Subdivision submitted by E. J. Ball, Charles E. Jr. and Clydene Sharlau; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that E. J. Ball, Charles E. Jr. and Clydene Sharlau enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The necessary subdivision contract be executed with the City.* - SECTION 2. That the City Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedi- cated for streets and other public uses in the Crossroads East Subdivision described as follows: LEGAL DESCRIPTION: Part of the West half of the Fractional NWt of the NWw of Section 1 and part of the Fractional NE4 of Section 2, all in Township 16 North, R-30 W in Fayetteville, Arkansas, and being more particularly described as follows, to -wit: Beginning at the NW corner of the Nal of the NW,i of said Section 1; thence S88°32'E 665.5 feet; thence S1°46'W 1313.51 feet; thence N88° 35'W 698.7 feet; thence NO°58'20"E 657.39 feet; thence N1°061E 656.75 feet; thence N88°32'W 49.94 feet; to the point of be- ginning, containing 21.34 acres, more or less. PASSED AND APPROVED this ATTEST: Keith Newhouse, Secretary APPROVED: day of , 1978. Ritagrprowso, Chairman • RESOLUTION PC 33-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, May 8, 1978, (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 R78-13, David White.Electronics. 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-0, Residential Office District to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: Southwest corner of Rock and Block Streets, more particularly described as follows: A part of Block 40 of the Original Town Plat of the City of Fayetteville, Arkansas; described as beginning at the NE corner of Block 40; thence along the west right-of-way of Block St., South 141.50 feet; thence West 82.50 feet to a found Iron pin; thence North 140.71 feet to the South right-of-way of Rock St.; thence along said right-of-way East 82.50 feet to the point of beginning, Fayetteville, Washington County, Arkansas. SECTION 2. That the above described property be rezoned from R-0, Residential Office District to C-2, Thoroughfare Commercial District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1978. APPROVED: Rita Davis. Chairman RESOLUTION PC 34-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, May 8, 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 R78-14, Marie Eoff. 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 C-2, Thorough- fare Commercial District, said real estate. SECTION 2, _That..only that portion lying North of Willoughby Road and East of Highway 71B is recommended for rezoning. LEGAL DESCRIPTION: Part of the N half of the SE4 of the NW4 of Section 33, T -16-N, R -30-W, more particularly described as follows: Beginning at a point 210 feet South of the Northwest corner of said 20 acre tract, and running thence East 546 feet, thence South 175 feet, thence West 500 feet, thence North 23°39'W 114 feet, thence N 70 feet to the point of beginning, AND Beginning at a point 385 feet South and 820 feet W of the NE corner of said twenty acre tract, and running thence S 175 feet, thence W 500 feet, thence N175 feet;thence East 500 feet to the point of beginning. SECTION 3. 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. APPROVED: Rita Davis, Chairman