HomeMy WebLinkAbout1977-692-R (W
RESOLUTION NO.
A RESOLUTION DECLARING TBENEED FOR THE
W= RIVER REGIONAL HOUSING AUTHORITY
To AmNism THE EXISTING SECTION 8 HOUSING ASSISTANCE PROGRAM
WITHIN THE CITY OF RAMsvnm, ARKANSAS
BE IT RESOLVED BY THE BATESVIIIE CITY COUNCIL, BATESV=, ARKANSAS:
1. That is is hereby found that unsanitary or unsafe inhabited
dwelling accomdations exist in the City of Batesville, Arkansas, and there is
a shortage of safe or sanitary existing dwelling accomdations in the City of
Batesville, Arkansas, available to persons of low income at rentals they can
afford, and
�w 2. It is hereby found that same of the conditions stated in paragraph
1 hereof can best be remedied through the White River Regional Housing
Authority administering the Section 8 Housing Assistance Program within the
territorial boundaries of the City of Batesville, Arkansas, and
3. It is hereby found and declared that there is a need for the
White River Regional Housing Authority to administer the Section 8 Housing
Program to the existing tenants within the territorial boundaries of the City
of Batesville, Arkansas, and
4. It is hereby declared that the White River Regional Housing
Authrotiy will administer the Section 8 Housing Program to the existing tenants
as of this date in such a manner as to assure that the Housing Codes and
Ordinances of the City of Batesville, Arkansas are not violated, and
5. Said shortgge of safe and sanitary existing dwelling accomdations
of the City of Batesville, Arkansas, at rents which persons of law income can
afford, compels such persons to occupy overcrowded and congested dwelling
accomdations; that the aforesaid conditions cause an increase in and apread
of disease and crime and constitute an emergency; that it is necessary for the
preservation of the public peace, health and safety that this resolution be-
come effective without delay, and therefore, the rule requiring the bill to
be read on three separate days is hereby suspended and the resolution shall
take effect and be in force immediately upon its adoption.
APPROVED This 8th day of Feb 77-
CITY Oy BA, BY OR PEYTONMU)EN
ATIEST:
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APPLICATION FOR CLOSING OF STREETAND
FOR CHANGE IN AMENDMENT TO ZONING CLASSIFICATION
TO: CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS:
Come the petitioners, General Investment Company, and Eli J.
Taylor and Dora Taylor, his wife, and make this application for
closing of 22nd Street in the City of Batesville, Arkansas,
between Harrison Street and Fitzhugh Street, and General Investmen
Company makes this application for change in zoning classification
of the real property hereinafter described, .and in support .thereof
state:
(1) General Investment Company is the owner of Lots 5 and 6,
Block 2 of Fitzhugh Park Addition to the City of Batesville,
Arkansas, and Eli J. Taylor and Dora Taylor are the owners of
Lots 1 and 10, Block 3 of Fitzhugh Park Addition to the City of
Batesville, Arkansas.
(2) The lots owned by General Investment Company and Eli J.
and Dora Taylor are separated by 22nd Street between Harrison
Street and Fitzhugh Street in Batesville, Arkansas, as shown by
plat of record in Deed Book I-7, Page 243 of the Independence
County records, a copy of which is attached hereto.
(3) Twenty-second Street between Harrison Streets and
Fitzhugh Streets has never been officially opened or paved
and has not been used by the general public for more than
the last five (5) years.
(4) This is the first application filed for closing of this
street.
(5) Petitioners will reimburse the City of Batesville,
Arkansas for the cost of public notice and the conduct of the
public hearing.
(6) At the present time, General Investment Company plans
to construct a convenience food mart on Lot' 5, Block 2, Fitzhugh
Park Addition, which is 55 feet in width from East to West. The
lot owned by General Investment Company is 70 .feet wide.
(7) If said 22nd Street is closed, the lot of General
Investment Company will be 95 feet wide and with a variance
on property setback lines from 25 feet down to 15 feet on the
East side of General Investment Company' s lot, which has been
approved by the adjacent owner and the Batesville City Planning
Commission, subject to the closing of this street, General
Investment Company can construct this building.
(8) Property owners who would be affected by this street
closing have consented to said closing.
(9) The closing of this street will not result in any
hardship to other parties or property owners, will pot prejudice
the ultimate planning program of the City Council and the City
Planning Commission and the change would be in the best interest
of petitioners and the City of Batesville.
(10) At the present time the lots owned by General Investment
Company are being used for a service station, a use compatible
with C-2 zoning, although the lots are zoned residential.
(11) The property owned by General Investment Company is
immediately adjacent to property which is zoned commercial C-2;
the property is not suitable for residential property and its
best use is that of commercial property; unless the classification
of the property is changed to commercial, the petitioners will
suffer great financial loss; that the change of classification
will not result in any hardship to other parties or property
owners, and will not prejudice the ultimate planning program of
the City Council and the City Planning Commission, and that the
change would be to the best interest of petitioners and the City
of Batesville.
(12) That a public hearing has already been held to deter-
mine whether the property owned by General Investment Company
as well as a large amount of other property which is East of
General Investment Company property should be zoned C-2. This
proposal has been approved by the Batesville Planning Commission
as a part of the comprehensive rezoning program.
WHEREFORE, petitioners request that notice of public hearing
be published as required by law for the closing of 22nd Street
between Harrison and Fitzhugh Streets and that a public hearing
on the proposed street closing be held at the earliest possible
date; that since a public hearing has been held on the proposed
rezoning petitioners request that the Batesville City Council,
upon approving the street closing, change the classification of
the property owned by General Investment Company from Residential
to Commercial in conformity with law and regulations.
GENERAL INVESTMENT COMPANY
ELI J. TAYLOR AND DORA TAYLOR,
PETITION
By G .
H1 smith/ Tatum, Hig Smit ,
Gregg & Hart
Attorneys at Law
VERIFICATION 262 Boswell Street
Comes now the undersigned attorney and Batesville, Arkansas 72501
after fust being duly .sworn, states upon oath
that the matters and things set forth in the
above and foregoini :ns'.r.tmcnt are true and
correct to the best of he u dersi d's know-
ledge and be%ef.
Attorney
STATE OF ARKANSAS
) ss.
County of independence )
Subscribed and sworn to before me this 6th day of April, .1977
1
Notary Pu is
My commission expires:
August 1, 1979