HomeMy WebLinkAboutOrdinance 6754 �II�II����I�I���II 1 III II HIII IPH IIIH IIIII I III II III I IIII IIIH IIIII HH�II�
Doc ID: 021640420003 Type: REL
4FA,E�T Kind: ORDINANCE
-o F, . Recorded: 06/24/2024 at 03:13:22 PM
4/- _, _ �', Fee Amt: $25.00 Page 1 of 3
Washington County, AR
•• lir.,173 Kyle Sylvester Circuit Clerk
File2024-00015658
..,.Sq KANS PS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6754
File Number: 2024-59
REZONING-2024-0016: (2460 N.OLD WIRE RD./FAYETTEVILLE NATURE SCHOOL,292):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-16 FOR
APPROXIMATELY 1.95 ACRES LOCATED AT 2640 NORTH OLD WIRE ROAD IN WARD 3 FROM CPZD,
COMMERCIAL PLANNED ZONING DISTRICT TO P-1, INSTITUTIONAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from CPZD,Commercial Planned Zoning District to P-1, Institutional.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on May 21,2024
Approved Attest: ```�N����tH�r'��i
▪ •••G�I Y O� '`Se
;▪ FAYETTEVILLE
L neld Jordan, r Kara Paxton,City Clerk Treasurer -57 yam: 9 �, 2
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ ?ft Leg
Page 1
RZN-2024-0016
Close Up View
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= Hillside -Hilltop Overlay District
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_ ! Fayetteville City Limits
Subject Property
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Zone Current Proposed
CPZD 1.5 0.0
P-1 0.0 1.5
RSF-4 0.0 0.0
Total 1.5 ac
Legal Description
2460 N Old Wire Rd Fayetteville, Ar 72703
Parcel: 765-16113-000
Previous Parcel: 149096-000-00
As of: 3/8/2024 9:36:36 PM
I D: 53847
PT S/2 SW SW 1.95 A. FURTHER DESCRIBED FROM 2019-5393 AS: Part of the Southwest Quarter of the
Southwest Quarter of Section Thirty -Six (36), Township Seventeen (17) North, Range Thirty (30) West,
Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a found iron
pin which is N00°00'26"E 207.00 feet from a point located the Southeast Corner of said forty acre tract and
running thence S88°20'39"W 240.91 feet to a found iron pin; thence S09o35'38"W 125.42 feet to a found iron
pin; thence N46°06'00"W 103.37 feet to a found iron pin; thence N56°26'42"W 77.37 feet to a found iron pin
located on the South right-of-way of Old Wire Road; thence along said road right-of-way N39°24'12"E 172.77
feet to a found iron pin; N49°48'37"E 381.00 feet to a found iron pin; thence leaving said road right-of-way
S00°00'26" w 363.18 feet to the point of beginning, containing in all 2.00 acres, more or less. LESS AND EXCEPT
Thirty five (35) feet of equal and uniform width adjacent to the North line of the following described tract: A
part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 17 North, Range 30 West,
Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a found iron
pin which is NO2°47'29"E 207.00 feet from a point located at the Southeast corner of said forty acre tract and
running thence N88°52'18"W 240.91 feet to a found iron pin; thence S12°22'41 "W 125.42 feet to a found iron
pin; thence N43ol8'57"W 103.37 feet to a found iron pin; thence N53°39'39"W 78.88 feet to a found iron pin
located on the South right-of-way of Old Wire Road; thence along said road right-of-way N44°17'40"E 168.51
feet to a found iron pin; N52°28'34"E 380.67 feet to a found iron pin; thence leaving said road right-of-ways
02o47'29"W 357.09 feet to the Point of Beginning, containing in all 1.95 acres, more or less.
Washington County,AR
I certify this instrument was filed on
06/24/2024 03:13:22 PM
and recorded in Real Estate
File Number 2024-00015658
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 21, 2024
CITY COUNCIL MEMO
2024-59
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Kylee Cole, Planner
SUBJECT: RZN-2024-0016: Rezoning (2460 N. OLD WIRE RD./FAYETTEVILLE NATURE
SCHOOL, 292): Submitted by MELANEE LAVERY for property located at 2640 N.
OLD WIRE RD. in WARD 3. The property is zoned CPZD, COMMERCIAL
PLANNED ZONING DISTRICT and contains approximately 1.95 acres. The request
is to rezone the property to P-1, INSTITUTIONAL.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in east Fayetteville approximately 300 feet southwest of Gulley Park along N. Old
Wire Rd. The property contains approximately 1.95 acres and is developed with a single-family dwelling
constructed in 1988 that was adapted into a preschool in the early 2000s. The property is zoned CPZD,
Sunshine House (Ord. No. 5075) which it received in 2007. The PZD entitled the property to be used as a
childcare center.
Request: The request is to rezone the subject property from CPZD, Commercial Planned Zoning District
to P-1, Institutional.
Public Comment: At the Planning Commission meeting on April 22, 2024, public comment was given in
support of the request as described in the meeting summary below.
Land Use Compatibility: Staff finds the proposed rezoning from CPZD, Sunshine House to P-1 to be
compatible with the surrounding area. The subject property is adjacent to a variety of properties with
community services such as a veterinary clinic, church, and public park. Many RSF-4-zoned single-family
properties are nearby to the north and south. The property has been operating as a childcare facility since
2008. A rezoning to P-1 would allow for the continued use of the property as a pre-school and nature
school without some of the restrictions on building expansion or student numbers established in the
Sunshine House CPZD. The Sunshine House CPZD only has a stated bulk and area for single-family
dwellings, and P-1 does not have bulk and area requirements. The CPZD has building height allowance of
45 feet, and P-1 allows a height of up to six stories. The existing structure is meeting setbacks and height
limitations for the proposed P-1 district. Staff finds the requested rezoning to be compatible with
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
surrounding land uses and provides opportunities for increased services in the neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's land use and
zoning plans. The subject property is designated as a Residential Neighborhood area in the City Plan
2040 Future Land Use Map and is located within a Tier Three Center as indicated on the plan's Growth
Concept Map. Staff finds that a rezoning to P-1 would support those designations as a pre-school and
elementary school are vital components of a residential neighborhood. Staff also finds the requested
rezoning to be aligned with City Goal 3: We Will Make Compact, Complete, and Connected Development
the Standard.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 5 for this site.
The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 5, 2979 N. Crossover Rd.)
• Near Sewer Main (8-inch main, south of subject property)
• Near Water Main (2-inch water main, East side of North Old Wire Road; 6-inch water main; West side
of North Old Wire Road; 36-inch transmission water main; East side on North Old Wire Road)
• Near City Park (Gulley Park)
• Near Paved Trail (N. Old Wire Rd. side -path trail; E. Township St. bike lane)
DISCUSSION:
At the April 22, 2024 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council
with a recommendation of approval. The commissioners cited future land use compatibility and staff
recommendations as noted in the report as reasons for approval. One member of the public spoke in
favor of the request citing the school's unique offerings and enjoyment by children.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Staff Report (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2024-59
RZN-2024-0016: Rezoning (2460 N. OLD WIRE RDJFAYETTEVILLE NATURE SCHOOL,
292): Submitted by MELANEE LAVERY for property located at 2640 N. OLD WIRE RD. in
WARD 3. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and
contains approximately 1.95 acres. The request is to rezone the property to P-1,
INSTITUTIONAL.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-16 FOR APPROXIMATELY 1.95 ACRES LOCATED AT 2640 NORTH OLD WIRE ROAD IN
WARD 3 FROM CPZD, COMMERCIAL PLANNED ZONING DISTRICT TO P-1,
INSTITUTIONAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from CPZD, Commercial Planned Zoning District
to P-1, Institutional.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-59
Item ID
5/21/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/3/2024 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2024-0016: Rezoning (2460 N. OLD WIRE RD./FAYETTEVILLE NATURE SCHOOL, 292): Submitted by MELANEE
LAVERY for property located at 2640 N. OLD WIRE RD. in WARD 3. The property is zoned CPZD, COMMERCIAL
PLANNED ZONING DISTRICT and contains approximately 1.95 acres. The request is to rezone the property to P-1,
INSTITUTIONAL.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
WNWFAYETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
SUBJECT:
PLANNING COMMISSION MEMO
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
Kylee Cole, Planner
April 22, 2024
RZN-2024-0016: Rezoning (2460 11'
NATURE SCHOOL, 292): Submitted
located at 2640 N. OLD WIRE RD.
CPZD, COMMERCIAL PLANNED
approximately 1.52 acres. The requf
INSTITUTIONAL.
I. OLD WIRE RD./FAYETTEVILLE
by MELANEE LAVERY for property
in WARD 3. The property is zoned
ZONING DISTRICT and contains
:st is to rezone the property to P-1,
RECOMMENDATION:
Staff recommend forwarding RZN-2024-0016 to City Council with a recommendation of approval.
RECOMMENDED MOTION:
"1 move to forward RZN-2024-0016 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in east Fayetteville approximately 300 feet southwest of Gulley Park along
N. Old Wire Rd. The property contains approximately 1.52 acres and is developed with a single-
family dwelling constructed in 1988 that was adapted into a preschool in the early 2000s. The
property is zoned CPZD, Sunshine House (Ord. No. 5075) which it received in 2007, which
allowed the property to be used as a childcare facility. Surrounding land uses and zoning are
listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
East
Old Wire Church of Christ
RSF-4, Residential Single -Family, 4 Units per Acre
West
Commercial (Vet Clinic)
CPZD (Core Pet Wellness)
Request: The request is to rezone the subject property from CPZD, Commercial Planned Zoning
District to P-1, Institutional.
Public Comment: To date, staff have received no public comment.
INFRASTRUCTURE:
Streets: The subject area has frontage along N. Old Wire Road. North Old Wire Road is a
partially improved Neighborhood Link Street with asphalt paving, curb and gutter,
sidewalk along the east side, and open ditches on the west side. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the Subject area. Existing 2-inch water main is present
on the east side of N. Old Wire Road. Existing 6-inch water main is present on the
west side of N. Old Wire Road. Existing 36-inch transmission water main is also
present on the east side on N. Old Wire Road.
Sewer: Sanitary Sewer is not available to the Subject area. Existing 8-inch sewer main is
within 110 feet of the property on the southeast side of the property running in a
utility easement. The Utility easement stops 25 feet from the southeast corner of
the property.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams or hydric soils are
present. Any improvements or requirements for drainage would be determined at
the time of development submittal.
Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 1.5 miles from the fire station with an anticipated drive time
of approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The current zoning district of CPZD requires 25% minimum canopy
preservation. The proposed zoning district of P-1, Institutional requires 25%
minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low -intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 5 for
this site with a weighted score of 5_5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 5, 2979 N. Crossover Rd.)
• Near Sewer Main (8-inch main, south of subject property)
• Near Water Main (2-inch water main, East side of North Old Wire Road; 6-inch water main;
West side of North Old Wire Road; 36-inch transmission water main; East side on North
Old Wire Road)
Near City Park (Gulley Park)
Near Paved Trail (N. Old Wire Rd. side -path trail; E. Township St. bike lane)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed rezoning from CPZD,
Sunshine House to P-1 to be compatible with the surrounding area. The
subject property is adjacent to a variety of properties with community
services such as a veterinary clinic, church, and public park. Many RSF-4-
zoned single-family properties are nearby to the north and south. A
rezoning to P-1 would allow for the continued use of the property as a pre-
school and nature school without some of the restrictions on building
expansion or student numbers established in the Sunshine House CPZD.
The Sunshine House CPZD only has a stated bulk and area for single-family
dwellings, and P-1 does not have bulk and area requirements. The CPZD
has building height allowance of 45 feet, and P-1 allows a height of up to
six stories. The existing structure is meeting setbacks and height
limitations for the proposed P-1 district. Staff finds the requested rezoning
to be compatible with surrounding land uses and provides opportunities for
increased services in the neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the City's land use and zoning plans. The subject property is designated
as a Residential Neighborhood area in the City Plan 2040 Future Land Use
Map and is located within a Tier Three Center as indicated on the plan's
Growth Concept Map. Staff finds that a rezoning to P-1 would support those
designations as a pre-school and elementary school are vital components of
a residential neighborhood. Staff also finds the requested rezoning to be
aligned with City Goal 3: We Will Make Compact, Complete, and Connected
Development the Standard.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification to rezone the property from
CPZD to P-1 since schools and daycare facilities are a vital part of complete
neighborhoods, which supports Goal 3 of City Plan 2040. Further, the
proposed rezoning is consistent with the property's future land use
designation.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from CPZD to P-1 is unlikely increase traffic danger and
congestion due to limited permitted uses, including the removal of Use Unit
8: Single -Family Dwellings as a permitted use. The property has frontage
along N. Old Wire Rd. and adjacent side -path trail, and any street
improvements in the area would be determined at the time of development
review.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed rezoning is unlikely to alter the population density since it
would remove Unit 8: Single -Family Dwellings as permitted use, and only
allow institutional development adding public services to the surrounding
neighborhood. The property currently has access to public streets, water,
but not sewers, and any necessary improvements would be determined at
the time of development.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommend forwarding RZN-2024-0016 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: April 22, 2024 O Tabled
Notion:
(Second:
BUDGET/STAFF IMPACT:
None
O Forwarded O Denied
ATTACHMENTS:
• Unified Development Code
o §161.32 District P-1, Institutional
• Sunshine House CPZD (Ord. No. 5075) — Abridged by Staff for Inclusion in Report
• Request Letter
• One Mile Map
Close -Up Map
Current Land Use Map
Future Land Use Map
161.32 District P-1, Institutional
(A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by public and
religious institutions. Larger facilities and institutions may still use historical setback regulations, but public
and religious institutions may also choose to use urban form with build -to zones and minimum buildable street
frontage allowing administrative approval.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 12b
General Business
Unit 20
1 Commercial recreation, large sites
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Side
None
Side, when contiguous to a residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations
Front
A build -to -zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side and rear, when contiguous 15 feet
to a single-family residential
district
(F) Building Height Regulations.
Building Height Maximum 6 stories*
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(XI); Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991,
§160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5073, 11-06-07; Ord. No. 5195, 11-6-
08; Ord. No. 5312, 4-20-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015,
§1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6521 , §8, 1-18-22)
I�IIIIIIIIYIIIII
Doc ID: 011839120006 Tvoe: REL
Recorded: 12/17/2007 at 11:24:28 AM
Fee Amt: $40.00 Page i of 8
Washlnaton Countv. AR
Bette Stamos Circuit Clerk
F11e200 / `00045 V 1 2
;1] ;711 lJ1�Ly�il�.jlyl.?
AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED
ZONING DISTRICT TITLED C-PZD 07-2726 THE SUNSHINE
HOUSE, LOCATED AT 2460 NORTH OLD WIRE ROAD,
CONTAINING APPROXIMATELY 1.95 ACRES; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
MASTER DEVELOPMENT PLAN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the zone classification of the following described property is hereby changed
as follows:
From RSF-4, Residential Single Family, 4 units per acre to
C-PZD 07-2726 The Sunshine House as shown in Exhibit
"A" and depicted in Exhibit "B" attached hereto and made a
part hereof.
Section 2: That the change in zoning classification is based upon the approved master
development plan, development standards, statement of commitments and the conditions of approval
as submitted, determined appropriate and approved by the City Council; further, that the conditions
of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the
City of Fayetteville.
Section 3: That this ordinance shall take effect and be in full force at such time as all of the
requirements of the master development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby,,,,,,,,,,,,
amended to reflect the zoning change provided in Section 1 above. WrREgs'%,��
PASSED and APPROVED this 6 h day of November, 2007. c ;�
FAYETTEVILLE:
APPROV ATTEST: r;. �•:
By: By: /1,t�,;,,,� oc-;,,,,,
DAN GOODY, ayor SONDRA E. SMITH, City Clerk/Treasurer
EXH I BIT "A"
EXHIBIT "B"
C-PZD 07-2726
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
FOUND IRON PIN WHICH IS N01 025'02"E 207.00' FROM A POINT, LOCATED AT THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE
S89°45' 15"W 240.91' TO A FOUND IRON PIN, THENCE S 11 °00' 14"W 125.42' TO A FOUND
IRON PIN, THENCE N44041'24"W 103.37' TO A FOUND IRON PIN, THENCE N55°02'06"W
78.88' TO A FOUND IRON PIN, LOCATED ON THE SOUTH RIGHT-OF-WAY OF OLD WIRE
ROAD, THENCE ALONG SAID ROAD RIGHT-OF-WAY N42°55' 1 YE 168.5 ]'TO A FOUND
PIN, N51 °06'07"E 380.67' TO A FOUND IRON PIN, THENCE LEAVING SAID ROAD RIGHT-
OF-WAY S0I 025'02"W 357.09' TO THE POINT OF BEGINNING. CONTAINING IN ALL 1.95
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
CONDITIONS OF APPROVAL:
R-PZD 07-2726
Page 1 of 3
Conditions of approval associated with R-PZD 07-2726 (Sunshine House):
1. Determination of street improvements. Based on the vehicular and pedestrian traffic
generated from this development with a future maximum of 60 children and 30 employees,
staff recommends the following street improvements:
a. Street Improvements: Planning and Engineering Staff have evaluated the overall
traffic impact that would occur as a result of the proposed Commercial Planned
Zoning District use of this site for a daycare facility. The current request would
allow up to 40 children (plus the ratio of required employees) at the facility, with up
to a maximum of 60 children in the future phases. Based upon ITE trip generation
numbers, a 40-child daycare facility will generate approximately 181 24-hour, two-
way vehicle trips; a facility with 60 children will generate approximately 271 vehicle
trips per day. Staff has compared the traffic volume generated by the proposed use
(excluding the assumed 10 trips per day generated by the existing single family
house) to the design service volume of Old Wire Road, at 6,000 vehicles per day
(VPD). This ratio is then assigned a cost of the required street improvements
(widening the street, curb, gutter, sidewalk, etc.). Staff is recommending, based on
the applied conservative rational nexus calculation, that with the initial 40-child
facility, the applicant must contribute 10 561.40, prior to Certificate of Zoning
Compliance and Occupancy for the first phase of development utilizing the square
footage of the existing building, a new 11-space parking lot, and a maximum of 40
children. Should the facility be expanded to the maximum 60 children, the total shall
be $16,120.00 ($5,558.60 in addition to the previous amount). A memo indicating
the calculation is attached.
b. Future Phases. If the building and 11-space parking lot expands, or the permit is
changed to accommodate greater than 40 children, the project wiil be required to go
through Large Scale Development review. Additional assessments for street
improvements will be evaluated and will likely require an additional assessment. The
rational nexus calculation currently presented anticipates an additional $5,558.60 for
the addition of 20 children, for a grand total of 1 12 .00 for a 60-child daycare
facility.
City Council determined in favor.
2. Right-of-way dedication in the amount of 35 feet from centerline along Old Wire Road prior
to issuance of permits to construct the new parking lot. This may be dedicated by easement
plat or separate document.
3. Approval of this C-PZD grants approval for a new 11-space parking lot and 1,809 square foot
fenced play area on the property as indicated on the Master Development Plan plat. This
initial phase of development grants approval for a daycare to be operated out of the existing
square footage of the building with a maximum of 40 children, or the number approved by
the State licensing board, whichever is less. The new 11-space parking lot shall be required
to obtain parking lot and grading permits in accordance with Fayetteville Unified
Development Code requirements for tree preservation, landscaping grading, and parking lot
CONDITIONS OF APPROVAL:
R-PZD 07-2726
Page 2 of 3
design standards.
4. Any development on the property beyond the 11-space parking lot, existing square footage of
the house, or 40 children shall be required to go through Large Scale Development review
and approval. Expansions on the property shall be limited to providing a child care facility
with a maximum of 60 children, under the proposed C-PZD.
5. Prior to issuance of Certificate of Occupancy, the daycare facility shall be inspected and
approved by the Fayetteville Fire Department and all requirements of the State and National
Fire Codes shall be met. Written verification from the Fire Department shall be provided to
the Planning Division.
6. Any expansion of the residential structure on the property shall be reviewed by Planning staff
to ensure that the architectural style is consistent and compatible with the existing house.
7. A maximum of 22 children are allowed atone time within the 1,809 sq. ft. outdoor play area.
If the play area is expanded, then the maximum number of children allowed will be based on
a minimum of 80 square feet per child. A revised site plan shall be submitted for approval
prior to expansion of the play area.
8. A 25' greenspace buffer shall be maintained along property lines directly adjacent to single
family residences.
9. All trash receptacles) utilized by this structure shall be stored within the structures on -
site, or, if located outside, it shall be screened on all sides with access not visible from the
street or adjacent properties. If a dumpster is required or proposed, screening shall be
provided that is constructed of materials that are compatible with and complimentary to
the building. Staff shall review the dumpster screen and materials prior to building
permit.
10. A Certificate of Zoning Compliance shall be required prior to the start of operations of the
child care facility.
11. A Certificate of Zoning Compliance shall not be issued until: the necessary fencing has been
installed and inspected to provide a minimum of 1,809 square feet of enclosed, outdoor play
space, and the parking lot with a maximum of 11 spaces, sufficient for the number of
children and employees approved by the State licensing board, has been constructed and
inspected.
12. Prior to the issuance of a Certificate of Zoning Compliance the applicant shall provide a copy
of an approved license from the Department of Health and Human Services for a child care
facility.
13. Prior to issuance of a Certificate of Zoning Compliance or Occupancy a public sewer line
must be extended to the property, the child care facility connected to City sewer service and
the sewer service inspected and approved.
CONDITIONS OF APPROVAL:
R-PZD 07-2726
Page 3 of 3
14. As indicated in the proposed zoning criteria, signage shall be limited to one sign on the house
or in the driveway to list the name of the business and hours of operation on a two -foot by
two -foot wooden sign. The sign shall meet the required setbacks for freestanding signs in R-
O zoning district from Chapter 174 of the Unified Development Code.
15. The Master Development Plan, Statement of Commitments and Architectural Standards
submitted by the applicant shall be considered binding and tied to the zoning of the property.
Conditions of approval as noted herein and other requirements placed upon the project with
review of the Master Development Plan — Planned Zoning District by the City Council shall
also be binding.
lb. Prior to this item being placed on the City Council agenda, comments from the City GIS
Division regarding the legal description and State Plane Coordinates shall be adequately
addressed.
17. Plat Review and Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility representatives - AR Western
Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
Washington County, AR
I certify this instrument was filed on
12/17/2007 11:24:28 AM
and recorded in Real Estate
File Number 2007-0004581
Bette Stamps - Circuit ¢le
September 28, 2007
PLANNING DIVISION
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN ST.
FAYETTEVILLE, AR 72701
C-PZD OF THE SUNSHINE HOUSE
APPLICANTS: GREG AND ANGIE LANDERS
20628 HILLCREST DR.
SPRINGDALE, AR 72764
Dear Planning,
Please review this letter and the attached plan sheets for our submittal of the conceptual C-PZD
for The Sunshine House project.
SUMMARY: The Sunshine House will be a PZD located in central Fayetteville near the
intersection of Township St. and Old Wire Rd on a parcel containing an existing house, and 2
acres located at 2460 N. Old Wire Rd. We are proposing a Commercial PZD in order to operate
a fully functional day-care center out of the existing house on the property.
GENERAL PROJECT CONCEPT FOR REZONING OF PROPERTY LOCATED IN
FAYETTEVILLE AT 2460 N. OLD WIRE ROAD:
A. Current ownership: AIbert G. and Nancy T. Erbach.
Existing house and its lot sale is pending.
B. Proposal is to rezone the house and 2 acres to a Commercial PZD to allow the
operation of a day-care center out of the existing house on the property to include
approximately 40-60 children and approximately 10-30 employees.
C. General project concept:
1) The existing street layout will not change. We will expand the driveway near
the house to accommodate a parking area for our employees and customers.
We will also add an 1800 square foot privacy fence in the back yard to allow
for a safe playing area for the children.
2) The submitted survey plat depicts the single proposed planning area.
3) The lot provides its own natural buffer areas with the tree lines and brush that
surround the property.
4) We are not proposing to remove any trees from this property. We want to
keep it "as is" as much as possible.
5) The only change that may require some additional storm water drainage areas
is with the addition of the parking area.
6) Undisturbed Natural Areas — Not Applicable
7) There will be no change to the existing water and sewer.
8) We are not proposing any "Development and Architectural Design
Standards." The house will stay "as is."
D.
E.
F.
G.
H.
1.
9) Building Elevations — Home Pictures (see attachment A)
With the rezoning of this property our intended open date will be early January 2008.
There is only one planning area covering the entire parcel. Please see attached survey
for Child Care Facility.
Zoning criteria (see attachment B)
See attachment C comparing the existing and proposed zoning. The house will be
brought to code according to DHS, the Fire Department, and the Health Department
as outlined in accordance with their requirements to obtain a license for a child care
facility. We have already had a preliminary inspection performed by the Fire
Department and the Health Department and they have both given their consent to
operate a child care center in this house. A final inspection will be required from
both departments once we are open in order to obtain our license. The
owner/applicant is not aware of any hazardous, sensitive, or natural resource areas, or
any other hazards on the property.
Closest park is located next to the property (Gulley Park).
Reason for zoning change — In order to buy an existing house and property for the
operation of a neighborhood child care facility. The request for rezoning is due to the
fact that in Use Unit 4, a Child Care Facility is allowed as a Conditional Use Permit
in RSF-4 zoning district; however, in a residential zoning district a maximum of only
10 children are allowed. I would like to have 40-60 children in this facility; therefore,
it will need to be rezoned to a commercial zoning. However, a standard commercial
zoning such as C-1 or C-2 is not appropriate due to the surrounding residential
neighborhood. The proposed C-PZD zoning will allow for the child care facility,
while limiting the uses and character of the project to ensure that it is compatible with
the surrounding neighborhood. We feel that there is a definite need for a "quality"
facility with a more "home -like" environment that will accommodate the Fayetteville
community in the surrounding area. The residential appearance of the homes give the
child care facility a "home -like" environment for the children and the natural beauty
of the property will provide them with unique learning opportunities that a traditional
commercial facility cannot.
The day-care facility will relate well to existing and surrounding properties as there
are a few other commercial facilities within 1 mile of the property (i.e. Several
churches two of which operate child care facilities within the church, and a law office
located at the corner of Township St. and Old Wire Rd.). Also with the C-PZD it will
allow us to ensure that the home is still compatible with the surrounding
neighborhood. We want to keep the "home -like" feel as much as possible; therefore,
preserving the neighborhood environment.
I ) Land Use — There is a church located next to the property as well as a city
park and we feel this will provide compatibility and harmony that will only
enhance the child care center as a commercial facility.
2) Traffic — OId Wire Rd. is coded as a "Collector Street" on the Master Street
Plan. We do not foresee any traffic issues with this location.
3) Appearance — The appearance of the property will not change. We want to
keep the residential, "home -like" environment as much as possible.
4) Signage — I would like to post a sign on the house or in the driveway to just
list our name, hours, etc.
2
K. Project's compliance with the Fayetteville City Plan 2025 — we believe a child care
center at this location is consistent with the City Plan 2025 Guiding Policies for
Residential Neighborhood Areas by:
1) Protecting the current residential architecture
2) Encouraging a development scale to maintain compatibility and
proportionality between nonresidential and residential land uses.
3) Site new residential areas accessible to community amenities and schools
4) Provide non-residential uses that are accessible for the convenience of
individuals living in residential districts and where compatibility with existing
desirable development patterns occurs.
5) Encourage mixed -use development that is sensitive to surrounding residential
uses and allows for day and night utilization of available parking.
L. Traffic study has not been requested by the city.
M. There will be no impact on city services, including the availability of water and
sewer.
N. "STATEMENT OF COMMITMENTS"
The statement of commitments shall, in all cases describe the development
commitments including a method for assigning responsibility to heirs, successors, or
assigns, and timing of the fulfillment of these commitments for the following:
1) Dedication — no parks, streets, water, or sewer lines would be built that would
require dedication to the city.
2) On or off site improvements: Any fees associated with the addition of the
parking area and privacy fence would be paid at the request of the city.
3) The property contains no land in a floodplain or delineated wetland area, and a
tree preservation plan will be drawn at the request of the city.
4) There are no project phasing restrictions anticipated.
5) Fire Protection — The home would be brought to code based on inspection by
the City Fire Marshall. A preliminary inspection has already been performed
and consent has been given. A final inspection will be performed before
opening to issue the license.
6) There are currently no other commitments imposed by the city.
7) Parks/Trails/Open Space Commitments — Not Applicable
8) Proposed Preliminary Building Elevations (see attachment A).
O. Conceptual Descriptions of Development Standards
1) Screening and Landscaping — Addition of Parking Area and home will be
professionally landscaped and well maintained. The parking lot will be
landscaped in accordance with City ordinance.
2) Traffic and Circulation — The driveway is a circle drive that will allow easy
access to and from the property. No traffic impact is expected.
3) Parking Standards — Parking will be provided in accordance with City
ordinance. We will provide 1 parking space for each employee and the circle
drive will provide adequate area for the dropping off and loading of children.
4) Perimeter Treatment — The parking lot will receive perimeter landscaping in
accordance with City ordinance with shrubs screening the parking area and
one tree planted every 30 feet along the street.
5) Sidewalks — Not Required
6) Streetlights —Not Applicable
7) Water — Existing water in place
3
8) Sewer — Existing sewer in place
9) Streets and drainage — will not change
10) Construction of Nonresidential Facilities — We will convert the existing
garage into an additional child care room and the back yard will be fenced in
for an outdoor play area.
11) Tree Preservation — A plan will be drawn, at the request of the city, with the
addition of the parking area.
12) Architectural Design Standards (see attachment A).
13) Proposed Signage - I would like to post a sign on the house or in the driveway
to just list our name, hours, etc. (approx. 2ft x 2ft wooden sign)
14) View Protection — Not impacted
15) Revocations — We understand causes for revocation and will take all
necessary measures to avoid revocation.
16) Covenants, Trusts, and Homeowner Associations — Not Applicable
P. RESPONSE AS TO HOW THE PROPOSAL FULFILLS THE INTENT/PURPOSE
OF THE PLANNED ZONING DISTRICT:
This development fulfills the intent and purpose of the Planned Zoning District
Ordinance by permitting a development with a unique use that is not allowed in any
other PZD. The PZD would allow the sale of an existing home, ensuring the existing
low density housing found in the present neighborhood. It would also provide
compatibility and harmony with the few existing commercial properties surrounding
this property as well as the public park at the back of the property.
THANK YOU FOR YOUR CONSIDERATION OF OUR SUBMITTAL. WE LOOK
FORWARD TO WORKING WITH YOU TOWARDS A SUCCESSFUL PROJECT. PLEASE
FEEL FREE TO CALL ANGIE AT 479-236-3932 IF YOU HAVE ANY QUESTIONS OR
COMMENTS.
Respectfully,
Greg and Angie Landers
4
ATTACHMENT B
PLANNING AREA 1 ZONING CRITERIA
(A) Purpose. The Planning Area 1 Zoning Criteria is designed to permit and encourage
development of low density detached dwellings in suitable environments, as well as to
protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit I City-wide uses by right
Unit 8 Single-family dwelling
Unit 4 Cultural and Recreational Facilities (Child Care Center/Nursery School Only)
(2) Conditional uses.
Unit 2 City — wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 24 Home occupations
(C) Density.
Acreage: 2.00 acres
Number of dwelling units: I
Density: 0.5 units per acre
(D) Bulk and area regulations.
Single-family
dwellings
Lot minimum width 70 feet
Lot area minimum 8,000 square feet
Land area per dwelling unit 8,000 square feet
(E) Setback requirements
FRONT SIDE
25 ft. 8 ft.
REAR
20 ft.
Intensity.
Non-residential Sq. Footage: 5,000
Intensity (Non-residential SF/Acre) 2,500
(F) Height. Structures in the Planning area 1 District are limited to a building height of 45 feet.
The height of a proposed structure may only be increased above 45 feet by obtaining a
variance after hearing by the Planning Commission. Existing structures that exceed 45 feet
in height shall be grandfathered in, and not considered nonconforming structures.
(G) Building Area. On any lot the area occupied by all the buildings shall not exceed 40% of the
total area of such lot.
(H) Landscaping. The project will be landscaped in accordance with City ordinance.
(1) Parking. Parking will be provided in accordance with City ordinance.
(J) Architectural Design Standards. See photos of the existing house attached to the PZD booklet.
(K) Signage. One sign on the house or in the driveway to list the name of the business, hours of
operation (two -foot by two -foot wooden sign).
Planning Division
City of Fayetteville
125 W Mountain St
Fayetteville, Ar 72701
Rezoning Parkside Properties to P1- Institutional
Please review our reasoning for rezone
SUMMARY:
A statement explaining the compatibility of this proposed rezoning with neighboring property and
explaining why the proposed rezoning will not unreasonably adversely affect or conflict with
surrounding land uses.
Melanee Lavery began the purchase of the property at 2460 N Old Wire Rd in 2018 to continue
the operation of a childcare facility. After renovations, she opened as Parkside Playschool which
has become a much -loved neighborhood preschool in the east Fayetteville Area. 3 years later,
she opened Fayetteville Nature School, a one of its kind outdoor based elementary school.
We believe that rezoning to p1- Institutional is in the best interest of the neighborhood and the
school and that there are no adverse effects or conflicts with surrounding land use. The
business on site has been a preschool for 15 years and under current ownership and brand for
the last 6 years The onsite nature school has been in operation for 2 and half years. Neighbors
include a veterinary clinic and a Church. The 27-acre Gully park is one lot away. To the south,
neighbors are residents on Township.
The property was converted from residential to a PZD in 2008 and the current owners
purchased the property without an understanding of the intricacies of this zoning. As the
Nature School has matured, we have found the current requirement of going through Large
Scale Development on any future development prohibitive in our efforts to add a 1500 sf
shelter and bathrooms on the property. The proposed building does not increase attendance
substantially enough to require parking. The property in on the trail and many families use the
bike trail to walk or ride to school.
We ask for your support in this rezone to allow for the property to be treated as it is being used
and to allow for appropriate, reasonable, and locally compatible development.
RZN-2024-0016 2460 N. OLD WIRE RD
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2460 N. OLD WIRE RD
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112.5 225 450 675 900
Fayetteville City Limits
1:3,600
RZN-2024-0016 2460 N . OLD WIRE RD
Future Land Use
Residential
Neighborhood
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
- - - Trail (Proposed)
Subject Property
0 305 610
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Civic and
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Rural Residential
Urban Center
Form v1.52
NW4\
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVED
113 W MOUNTAIN
FAYETTEVILLE,AR 72701 MAY 2 9 2024
Ad number#: 406107
CITY OF FAYETTEVILLE
PO#: CITY Cl ERK'S OFFICE
Matter of: Ord 6754
AFFIDAVIT•STATE OF ARKANSAS
I1714114 rytp —?-do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
11
newspaper printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
Ord 6754
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$89.68.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/26/24;NWA nwaoniine.com 05/26/24
?2/45.. . , /
Legal Clerk ��\`�\.cY•BRAls. ••,
State of ARKANSAS,County of i\r-r-cl ar. ;> t,oi �'•
Subscribed and sworn to before me on this 28th day of M ',';'2 �.. y
=
9•o PUBLIC ;:J,
The4QtrAtr
%n.o, �M , o:F-6i�ti PP/oCOUN \
111\N
RY PUBLIC
Ordinance:6754
File Number.2024-59
REZONING-2024-0016:(2460
N.OLD WIRE RD./FAYETTEVILLE
NATURE SCHOOL,292):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
16 FOR APPROXIMATELY 1.95
ACRES LOCATED AT 2640
NORTH OLD WIRE ROAD IN
WARD 3 FROM CPZD,COMMER-
CIAL PLANNED ZONING DIS-
TRICT TO P-1,INSTITUTIONAL
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty showthe on the map(Exion(Ex- MAY 2 9 2024
A)and the legal description(Ex-
hibit B)both attached to the
Planning Department's Agenda
Memo from CPZD,Commercial
Planned Zoning District to P-1, CITY OF FAY TEV#J,.E
Institutional. CITY CI ERKS OFFICE
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
May 21,2024
Approved:
Lioneld Jordan Mayor
Attest
Kara Paxton,City Clerk Treas-
urer
This publication was paid for
by the Clty Clerk-Treasurer of
the City of Fayetteville.
Arkansas.
Amount Paid:$89.68
May 26,2024 406107