HomeMy WebLinkAbout789ORDINANCE NO.
ORDINANCE WITH REFERENCE TO REZONING
OF PROPERTY OWNED BY MR. AND MRS.
LEE SMITHEE, JR.
WHEREAS, The City Planning Commission of the
City of Batesville, 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 property involved herein,
that the following described property owned by Mr. and
Mrs. Lee Smithee, Jr., to wit:
A Part of the Southwest Quarter of
the Northeast Quarter of Section 8,
Township 13 North, Range 6 West, des-
cribed by metes and bounds as follows:
Beginning at the Southwest corner of the
Northwest Quarter of the Northeast
Quarter of said section, township and
range, run thence East on the line 99
yards (297 feet), thence South 49 yards
(147 feet), thence West 99 yards, thence
North 49 yards to the place of beginning.
be classified as Commercial Zoning District C-2; that said
proposed change would be to the best interest of the City
of Batesville;
NOW, THEREFORE, Be it ordained by the City
Council of Batesville, Arkansas:
SECTION 1: That the City Council adopt the
report and recommendation of the City Planning Commission
as above set forth and that the land as above herein
described be and are hereby classified under the appli-
cable zoning law and regulations to the classification of
"Highway Commercial Zoning District C-2".
SECTION 2: That the City Clerk shall cause
the official zoning map to note the change as above set
forth.
SECTION 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 afEected hereby.
NOW, THEREFORE,
gency exists and that this
the immediate preservation
and welfare and shall be in
immediately upon and after
It is declared that an emer-
ordinance is necessary for
of the public health, safety
force and shall take effect
its passage.
R. W. S rch, Mayor
Passed November Z,,j , 1970.
ATTEST:
BEFORE THE CITY PLANNING COMMISSION
CITY OF BATESVILLE, ARKANSAS
IN RE: APPLICATION OF MR. & MRS. LEE SMITHEE, JR.
On the 3rd day of November, 1970, Mr. and Mrs.
Lee Smithee, Jr., owners of the following described pro-
perty situated in the City of Batesville, Arkansas:
A part of the Southwest Quarter of
the Northeast Quarter of Section 8,
Township 13 North, Range 6 West, des-
cribed by metes and bounds as follows:
Beginning at the Southwest corner of the
Northwest Quarter of the Northeast
Quarter of said section, township and
range, run thence East on the line 99
yards (297 feet), thence South 49 yards
(147 feet), thence West 99 yards, thence
North 49 yards to the place of beginning.
requested the City Planning Commission to rezone the above
�... described property from a Residential Zoning District
classification R-2 to a Commercial Zoning District
classification C-2; that notice of the hearing was had
by publication in the Batesville Guard on the 4th day of
September, 1970, and proof of publication of said notice
has been filed with the Commission in the form and manner
required by law; that the Commission finds that the
property is situated so that it is best for use as
commercial property and to allow the classification of
residential property to remain would result in a large
financial loss to the petitioners; that at the present
time the property that is adjacent to this property is
being used for commercial purposes under rezoning order
earlier made by this Commission; that the ultimate plan
and program of the City Council and the City Planning
Commission will not be prejudiced in any way by the pro-
posed change and that the change would be to the best
interest of not only the petitioners but to the City of
Batesville, Arkansas.
That this is the first application filed by
the petitioners for proposed change; that the petitioners
have paid the fees as required by law for the filing of
same; and the finding of the Commission is that the classi-
fication should be changed from R-2 residential to C-2
commercial as asked for in the petition.
It is therefore recommended by the City Plann-
ing Commission of the City of Batesville to the Bates-
ville City Council that the request of the petitioners
be granted and that the classification be changed from
R-2 residential to C-2 commercial and that an appropriate
ordinance be passed by the City Council bringing the
change requested into effect.
Respectfully submitted,
CITY PLANNING COMMISSION
BY
2�
H. 1b a d Blair
045