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HomeMy WebLinkAbout2006-09-03 ORDINANCE NO. AN ORDINANCE REZONING CERTAIN PROPERTY FROM C-1 COMMERCIAL TO R-1 RESIDENTIAL REQUESTED BY BEN EARLS. BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS AS FOLLOWS: i (1) The following property be and the same is hereby rezoned from C-1 Commercial to R-1 Residential; said property has been recommended for rezoning before the Batesville Planning Commission at a published public hearing on Monday, September 11,2006. (2)That the property is described as thus: Legal description of land: BLOCK 32 AND 52, LOCATED IN THE SCHOOL ADDITION IN THE CITY OF BATESVILLE. (3)It is hereby found and declared that an emergency exists and that this ordinance being necessary for the public welfare, it shall be in full force and effect from the date of its passage. PASSED AND APPROVED THIS 2e DAY OF SEPTEMBER 2006. ATTEST: DENISE JOHNSTON, ONORABLE, J BIARD, BATESVILLE MUNICIPAL CLERK MAYOR RECOMMENDATIONS OF THE CITY PLANNING COMMISSION The City Planning Commission of the City of Batesville, Arkansas, held its regular monthly meeting on Monday, September 11, 2006, with Chairman Carma Osborn presiding. Also present were Secretary Brian Langston, and Commission members Steven Lewis, Tommy Bryant, Ronnie Hampton and Nina Womack. Comm. Fagan was absent. Also present was Code Enforcement Officer Chad McClure. A public hearing was held with reference to the petition filed by Ben Earls asking for the rezoning of the following described property, to-wit: Block 32 and Block 52 of the School Addition. The petition sought the rezoning of the above-described property from a commercial C-1 district to a residential R-1 district. Arthur Montgomery represented Ben Earls. Presented to the commission was a plat showing the use of the property and the Commission was advised that no records were found when the property had been rezoned to commercial C-1. The property has always been a residential neighborhood. Also presented to the Commission was a proof of publication showing that the notice of public hearing had been given more than 15 days prior to the date set for the hearing, and there were no protestants present. After the matters were presented to the Commission, Commissioner Lewis 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 Hampton and upon a vote of the Commission was passed unanimously other than Commissioner Fagan who was absent from voting. 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 Ben Earls be granted and that appropriate action be taken by the City Council to carry out the recommendations of the City Planning Commission. Batesville City Planning Commission B �� Y (jd/(Z 6� Carma Osborn, Chairman By_ Brian Langston, Sec etary