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ORDINANCE NO. �J 'T
ORDINANCE WITH REFERENCE TO REZONING
OF PROPERTY OWNED BY
SHOPPERS, INC.
WHEREAS, the City Planning Commission of the City of Bates-
ville, Arkansas, pursuant to law, has filed its recommendations
with the City Council recommending that the following action be
made with reference to the proposed reclassification of the pro-
perty involved herein, that the following described property
owned by Shoppers, Inc., to -wit:
TRACT 1: A part of the Southeast Quarter (SE4) of
the Northeast Quarter (NE4) of Section 16, Township
13 North, Range 6 West, described as follows:
Beginning at the quarter section corner between
Sections 15 and 16 of said township and range, in
the center of Harrison Street, thence North 25 feet
to the North line of Harrison Street for the point
of beginning; thence West along the North line of
Harrison Street 400 feet; thence North 300 feet;
thence East 400 feet; to the East line of said
forty acre tract; thence South along said line 300
feet to the point of beginning, said tract fronting
400 feet on Harrison Street and 300 feet on 20th
Street.
TRACT 2: A part of the Southeast Quarter (SE4) of the
Northeast Quarter (NE4) of Section 16, Township 13 North,
Range 6 West, described as follows: Beginning at the
quarter section corner between Sections 15 and 16 of
said township and range, in the center of Harrison
Street; thence North 25 feet, to the North line of
Harrison Street; thence North 300 feet on line of said
forty acre tract to a point; thence West 400 feet to
a rock for corner for point of beginning of the tract
herein conveyed; thence continuing West 175 feet to
a point; thence North 350 feet to Neeley Street;
thence East along Neeley Street 175 feet; thence
South 350 feet to the pcint of beginning.
TRACT 3: A part of the SE4 of NE4 of Section 16,
Township 13 North, Range 6 West, described as follows:
Beginning at the Quarter Section corner between Sec-
tions 15 and 16 of said township and range in the center
of Harrison Street; thence North 25 feet to the North
line of Harrison Street for point of beginning of the
tract herein conveyed; thence West along North line of
Harrison Street 400 feet; thence North 650 feet to the
South line of Neeley Street; thence East along South line
of Neeley Street 340 feet to a point 60 feet West of the
East line of said forty acre tract; thence South 100 feet;
thence East 60 feet to the East line of said forty acre
tract; thence South along said line 550 feet to the
point of beginning.
be classified as Highway Commercial Zoning District C-2; that
said proposed change would be to the best interest to the City
of Batesville;
NOW, THEREFORE, be it ordained by the City Council of
Batesville, Arkansas:
Sec. 1. That the City Council adopt the report and recommends
tion of the City Planning Commission as above set forth and that
the lands as above described be and they are hereby classified
under the applicable zoning law and regulations of the City of
Batesville, Arkansas, as Highway Commercial Zoning District C-2.
Sec. 2. That the City Clerk shall cause the offical zoning
map to note the change as above set forth.
Sec. 3. That there is hereby found and declared to be an
immediate need for the reclassification as above set forth for
the benefit of the public health, safety and welfare of the City
of Batesville, Arkansas, and particularly the area affected hereby
NOW, THEREFORE, it is declared that an emergency exists and
that this Ordinance is necessary for the immediate preservation
of the public health, safety and welfare and shall be in force
and shall take effect immediately upon d after its passage.
i
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Mayor
Passed the � day of Abn- , 1974.
ATTEST: r /
citj Clerk
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RECOMMENDATIONS OF THE CITY PLANNING COMMISSION
The City Planning Commission of the City of Batesville, Ark-
ansas, held its regular monthly meeting on Wednesday, November 6,
1974, with Chairman Don Gilchrist presiding and present were
commission members Frances Williams, Secretary, Charles Barnett,
t'I/,""///C' /I-
A. J. Beckman, Lonnie A. Flemmings, Fred Gray, s Kirk, and
Wilson Powell.
A hearing was had with reference to the petition filed by
Shoppers, Inc. asking for the rezoning of the following described
property, to -wit:
TRACT 1: A part of the Southeast Quarter (SE4) of the
Northeast Quarter (NE4) of Section 16, Township 13
North; Range 6 West, described as follows: Beginning
at the quarter section corner between Sections 15 and
16 of said township and range, in the center of Harrison
Street, thence North 25 feet to the North line of Harri-
son Street for the point of beginning; thence West along
the North line of Harrison Street 400 feet; thence North
300 feet; thence East 400 feet; to the East line of said
forty acre tract; thence South along said line 300 feet
to the point of beginning, said tract fronting 400 feet
on Harrison Street and 300 feet on 20th Street.
TRACT 2: A part of the Southeast Quarter (SE4) of the
Northeast Quarter (NE4) of Section 16, Township 13 North,
Range 6 West, described as follows: Beginning at the
quarter section corner between Sections 15 and 16 of
said township and range, in the center of Harrison
Street; thence North 25 feet, to the North line of
Harrison Street; thence North 300 feet on line of said
forty acre tract to a point; thence West 400 feet to
a rock for corner for point of beginning of the tract
herein conveyed; thence continuing West 175 feet to
a point; thence North 350 feet to Neeley Street;
thence East along Neeley Street 175 feet; thence
South 350 feet to the point of beginning.
TRACT 3: A part of the Southeast Quarter (SE4) of North-
east Quarter (NE4) of Section 16, Township 13 North,
Range 6 West, described as follows: Beginning at the
quarter section corner between Sections 15 and 16 of
said township and range in the center of Harrison
Street; thence North 25 feet to the North line of
Harrison Street for point of beginning of the tract
herein conveyed; thence West along North line of
Harrison Street 400 feet; thence North 650 feet to
the South line of Neeley Street; thence East along
South line of Neeley Street 340 feet to a point 60
feet West of the East line of said forty acre tract;
thence South 100 feet; thence East 60 feet to the East
line of said forty acre tract; thence South along said
line 550 feet to the point of beginning.
The petition sought the rezoning of the above described
property with Tract 1 to be changed from a Commercial C-3 district)
to a. Commercial C-2 district, and Tracts 2 and 3 to be changed
from a Residential R-2 district to a Commercial C-2 district.
Present at the hearing were stockholders of Shoppers, Inc.,
and Samuel C. Highsmith, their attorney. Presented to the Commis-
sion was a plat showing the use of the property and signed state-
ments from surrounding land owners to the effect that they have
no objection to the rezoning of the property. Also presented was
a proof of publication showing that the Notice of Public Hearing
had been given more than fifteen (15) days prior to the date set
for the hearing. There were no protestants present.
After the matters were presented to the Commission, Commissi
Member Barnett moved that the Commission recommend to the City
Council of the City of Batesville, Arkansas, that the application
for rezoning be approved. The motion was seconded by Commissioner
Gray and upon a vote of the Commission was passed unanimously.
The City Planning Commission of the City of Batesville,
Arkansas, recommends to the City Council of the City of Batesville
Arkansas, that the petition as filed by the stockholders of
Shoppers, Inc., be granted and that appropriate action be taken
�by the City Council to carry out the recommendations of the City
Planning Commission.
BATESVIJLLE qITY
PIlANNING COMMISSION
By
Don Gilchrist, Chairman
By -f-/t (i� d
Frances Williams, Secretary
Moe
HIGHSMITH, TATUM, HIGHSMITH, GREGG & HART
ATTORNEYS AT LAW
M. F. HIGHSMITH 262 BOSWELL STREET TELEPHONE. (501) 793-7556
ALLYN C. TATUM P. O. BOX 2496 793-75S7
SAMUEL C. HIGHSMITH BATESVILLE, ARKANSAS 72501
JOHN C.GREGG
JOSEPHINE LINKER HART PEABODY AVENUE
MOUNTAIN VIEW, ARKANSAS 72560 - (501) 269-3716
November 7, 1974
Hon. Peyton Golden, Mayor
City Hall
Batesville, Arkansas
Re: Shoppers, Inc. Rezoning
Dear Mayor Golden:
Please find enclosed the original of Recommendations
of the City Planning Commission of the City of Batesville,
Arkansas, concerning the rezoning of the property described
in the recommendation and owned by the above captioned
corporation.
I would be appreciative if you would enter this matter
`rr. on the docket for the next meeting of the City Council of
Batesville, Arkansas, on November 12, 1974.
Your good attention to this matter is greatly appre-
ciated.
Sincerely yours,
A&U�l
Samuel C. Highsmith
SCH/wm
Enclosure
cc: Dr. Robert L. Slaughter
20th & Harrison Sts.
Batesville, Arkansas