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REZONING Z-28-59 The Commission considered, the application of Charleston Plaza, Inc. for the Charleston Plaza, reclassification of property described as all of Charleston Village Tract 1, Inc. save and except the portion marked "School Site," and that certain unnumbered lot or parcel lying westerly of the west line of Spencer Street and northerly Approved of the north line of Peyton Drive from R-1 to C-1. Director of Planning Bills explained that this was the area proposed for the Charleston Plaza Regional Shopping Center and the same area on which the Planning Commission recently recommended approval of the vacation of the existing dedicated streets for which public hearing was set by the City Commission for 7:30 P.M., December 2, 1959. Approval was recommended by the Planning Commission, subject to the stipulation that the development of the proposed shopping center be in accordance with the plot plan as submitted. Three property owners on adjacent Franklin Avenue appeared at the Planning Commission hearing and registered protests which were officially withdrawn after the general plan for the area was explained in detail. Commissioner Fountain asked the Deputy City Attorney if it was proper to approve this rezoning prior to the vacation hearing, and Mr. Whitmore stated he believed it was. Commissioner Whipple moved the application of Charleston Plaza, Inc. for the reclassification of property described as all of Charleston Village Tract 1, save and except the portion marked "School Site" and that certain un-numbered lot lying westerly of the west line of Spencer Street and northerly of the north line of Peyton Drive from R-1 to C-1, be approved as recommended by the Planning Commission, subject to the stipulation that the development of the proposed shopping center be in accordance with the plot plan as submitted and the City Attorney instructed to prepare the necessary ordinance amendment. Motion seconded by Commissioner Fountain and carried by the following vote: Commissioners Elwell, Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. REZONING Z-30-59 The Commission considered the application of Merv Adelson for the reclassification Merv Adelson of property legally described as the N½, SW¼, SW¼, Section 2, T21S, R61E, which includes Block 1, Fremont Addition to the City of Las Vegas, from R-1 to R-3. Denied Director of Planning Bills stated there was considerable evidence presented at the Planning Commission hearing, indicating that Mr. Adelson was not the legal owner of the property at this time; the apparent legal owner, Dr. Levon Kassabian, of Los Angeles, was included among the objectors of record. Denial was recommended by the Planning Commission, regardless of the ownership of the property, on the grounds that it was completely out of harmony with the land use section of the proposed Master Plan. There were 15 protestants of record at the Planning Commission hearing and 2 persons in favor. Mr. Bills advised that he had received a phone call from Mr. Adelson that afternoon, requesting him to present an apology to the Commission for his misunderstanding in making this application at a time when this property was in escrow and that he had no further interest in having it rezoned. (At this point a gentleman presented a petition in protest, consisting of 225 signatures, to be filed as part of the record.) Commissioner Elwell moved the application of Merv Adelson for the reclassification of property legally described as the N½, SW¼, SW¼, Section 2, T21S, R61E, which includes Block 1, Fremont Addition, from R-1 to R-3 be denied. Motion seconded by Commissioner Fountain and carried by the following vote: Commissioners Elwell, Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. REZONING Z-31-59 The Commission considered the application of William Bailey and the Woods W. Bailey & Woods Construction Company for the reclassification of property legally described Construction Co. as the west 330' of the S½, NW¼, SW¼, NE¼, Section 28, T20S, R61E, generally described as being bounded by Madison Avenue, "N" Street, Jefferson Avenue and Denied Highland Drive, from RE to R-1. Denial was recommended by the Planning Commission on the basis that this zoning would violate the provisions of a policy and plan approved by the Planning Commission and the Board of City Commissioners, which stipulated that property lying between "N" Street and Highland Drive would remain zoned RE. A protest was presented at the Planning Commission hearing on behalf of the Bonanza Village Home Owners' Association. William Bailey addressed the Commission, stating that he was not in town when this item was brought before the Planning Commission, and asked that this application be referred back to that Board for reconsideration and to hear his arguments in favor of this proposed rezoning; namely, the replacing of displaced persons as a result of the freeway program and the feasibility of such zoning adjacent to the Urban Renewal Area. Commissioner Elwell moved this application be referred back to the Planning Commission. Mayor Gragson asked if there was anyone present who wished to be heard in protest to this rezoning and Mrs. Longo stated this was a well-established plan and people had bought property in this area and had been assured by the Planning Department it would remain RE. Commissioner Sharp stated the City Commission, Planning Commission and owners in that area had an agreement, as outlined by Mr. Bills, which was consistent with the Master Plan, and he believed this application should be denied and if Mr. Bailey wished, he had ten days to file an appeal and the Commission would be required by law to hold a public hearing. His Honor Mayor Gragson stated he would at this time recommend denial. 11-18-59