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HomeMy WebLinkAboutOrdinance 6837 11 II III I I 111111 III IIIII IIIII IIII II Doc ID: 021982990003 Type: REL Kind: ORDINANCE Recorded: 02/27/2025 at 08:46:48 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR 113 West Mountain Street Kyle Sylvester Circuit Clerk Fayetteville, AR 72701 File2025-00004676 (479) 575-8323 Ordinance: 6837 File Number: 2025-91 REZONING-2024-0061: (114 W.5TH ST./MORRIS,565): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-61 FOR APPROXIMATELY 0.20 ACRES LOCATED AT 114 WEST 5TH STREET IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U,RESIDENTIAL INTERMEDIATE-URBAN 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 NC,Neighborhood Conservation to RI-U,Residential Intermediate-Urban. 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 February 4,2025 Approved: Attest: 1\itte`h Molly Rawn,Mayor Kara Paxton,City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.Amount Paid: $88.16 Page 1 RZN-2024-0061 Close Up View MSC a 5TH,ST-co (U O J MAR - KING JR BLVD Neighborhood Link Regional Link - High Activity Urban Center Residential Link _ Design Overlay District Planning Area Fayetteville City Limits 114 W. 5TH ST SOUTH ST Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed NC 0.2 0.0 RI-U 0.0 0.2 Total 0.2 ac EXHIBIT B RZN-2024-0061 765-07097-000 LOT 3 EXC EAST 5 FT BLOCK 20 765-07096-000 EAST 5 FT LOT 3 BLOCK 20 Washington County, AR I certify this instrument was filed on 02/27/2025 08:46:48 AM and recorded in Real Estate File Number 2025-00004676 Kyle Sylvester- Circuit Clerk by y'-: __ r CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2025 CITY COUNCIL MEMO 2025-91 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Wesley Frank, Planner SUBJECT: RZN-2024-0061: Rezoning (114 W. 5TH ST./ MORRIS, 565): Submitted by THISTLE FLORALS for property located at 114 W. 5TH ST in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. 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 southeast Fayetteville on W. 5th Street, approximately 0.19 miles west of the intersection with S. College Road. The property contains approximately 0.2 acres and is developed for a single-family dwelling. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: One member of the public communicated to staff via email on January 9, 2024, that they support the rezoning request as it supplements the neighborhood due to the requested zoning district's flexibility, and ability to support additional housing types.. Land Use Compatibility: Staff finds the proposed rezoning from NC to RI-U be compatible with the surrounding area. The subject property is proximate to RI-U zoned properties across S. Church Avenue to the west. A rezoning to RI-U would allow for the by -right development of residential options. NC and RI-U have varying bulk and area requirements. Lot width minimum in RI-U is 18 feet; but in NC it is 40 feet. RI-U has no lot area minimum; but in NC it is 4,000 square feet. Both RI-U and NC density allowances are not a factor in either zoning district as the lot's size limits the development of additional structures (RI-U no maximums/ NC allows for 10 units an acre). What is allowed by -right for development differs for each zoning type. For RI-U, it allows for greater housing options that include missing middle housing (single-, two-, three-, and four- family dwellings). Conversely, NC is limited to allowing single-family dwellings and accessory dwellings. Staff finds the requested rezoning to be compatible with surrounding land uses . Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as Residential Neighborhood area. A rezoning to RI-U Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 could allow for the creation of more residential properties with reduced lot sizes. Staff finds that the requested rezoning could allow for the creation of more housing types that would adhere to City Goals 1: We Will Make Appropriate Infill and Revitalization our Highest Priority and 6: We Will Create Opportunities for Attainable Housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 11 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (8-inch main, south of property) • Near Water Main (2-inch main, south of property) • Near grocery store (Walmart Neighborhood Market, W MLK) • Near U of A campus • Near City Park (Walker Park) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (MLK Blvd & MLK Blvd/ Block Ave WB) • Near Razorback Bus Stop (Downtown Square) • Within Downtown Master Plan Area • Sufficient Intersection Density DISCUSSION: At the January 13, 2025 Planning Commission meeting, a motion to forward with a recommendation of approval passed with a unanimous vote of 7-0-0. Commissioner Garlock made the motion and Commissioner Werner provided the second. Commissioners did not have any comment on the item. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission 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 #: 2025-91 RZN-2024-0061: Rezoning (114 W. 5TH STJ MORRIS, 565): Submitted by THISTLE FLORALS for property located at 114 W. 5TH ST in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-61 FOR APPROXIMATELY 0.20 ACRES LOCATED AT 114 WEST 5TH STREET IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE - URBAN 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 NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. 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 2025-91 Item ID 2/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/17/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0061: Rezoning (114 W. 5TH ST./ MORRIS, 565): Submitted by THISTLE FLORALS for property located at 114 W. 5TH ST in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. 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 PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Wesley Frank, Planner MEETING DATE: January 13, 2025 SUBJECT: RZN-2024-0061: Rezoning (114 W. 5TH ST./ MORRIS, 565): Submitted by THISTLE FLORALS for property located at 114 W. 5TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommend forwarding RZN-2024-0061 to City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward RZN-2024-0061 to City Council with a recommendation of approval." BACKGROUND: The subject property is in southeast Fayetteville on W. 5th Street, approximately 0.19 miles west of the intersection with S. College Road. The property contains approximately 0.2 acres and is developed for a single-family dwelling. The property is zoned NC, Neighbor Conservation. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Residential Single -Family DG, Downtown General South Residential Single -Family NC, Neighborhood Conservation East Residential Single -Family NC, Neighborhood Conservation West Residential Single -Family NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. The applicant intends to subdivide the property into a tandem lot. Public Comment: One member of the public communicated to staff via email on January 9, 2024, that they support the rezoning request as it supplements the neighborhood due to its flexibility, ability to support middle housing, and the setback options for RI-U. Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 1 of 14 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: This property has frontage to W. 5th Street, a partially improved urban center street, with asphalt paving and curb and gutter. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject property. There is an existing 2-inch watermain present in West 5th Street that serves this property. Sewer: Sanitary Sewer is available to the subject property. There is an existing 8-inch sanitary sewer main present in West 5th Street that serves this property. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 200 linear feet downstream of this property. Drainage: No portion of the subject property lies withing the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams or hydric soils are present. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.6 miles from the fire station with an anticipated drive time of approximately 2.0 minutes using existing streets. The anticipated response time would be approximately 4.2 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 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request Tree Preservation: The current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15% 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: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. 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 nonresidential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 2 of 14 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 11 for this site with a weighted score of 13. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (8-inch main, south of property) • Near Water Main (2-inch main, south of property) • Near grocery store (Walmart Neighborhood Market, W MLK) • Near U of A campus • Near City Park (Walker Park) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (MILK Blvd & MILK Blvd/ Block Ave WB) • Near Razorback Bus Stop (Downtown Square) • Within Downtown Master Plan Area • Appropriate Land Use (Residential Neighborhood) 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 NC to RI-U be compatible with the surrounding area. The subject property is proximate to RI-U zoned properties across S Church Avenue to the east. A rezoning to RI-U would allow for the by -right development of residential options. NC and RI-U have significantly different bulk and area requirements. Lot width minimum in RI-U is 18 feet; but in NC it is 40 feet. RI-U has no lot area minimum; but in NC it is 4,000 square feet. Both RI-U and NC density allowances are not a factor in either zoning district as the lot's size limits the development of additional structures (RI-U no maximums/ NC allows for 10 units an acre). What is allowed by -right for development differs for each zoning type. For RI-U, it allows for greater housing options that include middle housing (single-, two-, three-, and four- family dwellings). NC allows for single-family dwellings and accessory dwellings. Staff finds the requested rezoning to be compatible with surrounding land uses and provides opportunities for increased housing opportunities. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as Residential Neighborhood area. A rezoning to RI-U could allow for the creation of more residential properties with reduced lot sizes. Staff finds that the requested rezoning could allow for the creation of more housing types that would adhere to City Goals 1: We Will Make Appropriate Infill and Revitalization our Highest Priority and 6: We Will Create Opportunities for Attainable Housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 3 of 14 Finding: Staff finds that there is sufficient justification to rezone the property from NC to RI-U since the proposed rezoning would be consistent with the property's future land use designation and supports several goals of City Plan 2040. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: However, the property's location next to undeveloped right-of-way and in an area with a high intersection density suggests that vehicle trips to and from this property will be evenly dispersed, limiting impacts on traffic danger and safety. Also, the number of vehicle trips to and from this site would be limited by its proximity to public trails and bus stops. 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 has the potential to alter the population density since it would allow for increased residential development. However, the property currently has access to public streets, water, and sewers, and any necessary improvements would be determined at the time of development. The size of the lot would limit development to a significant degree. Fayetteville Public Schools did not comment on this request. 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-2024-0061 to City Council with a recommendation of approval. (PLANNING COMMISSION ACTION: Required YES (Date: January 13, 2025 O Tabled O Forwarded O Denied Motion: Second: Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 4 of 14 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code 0 §161.29 District NC, Neighborhood Conservation 0 §161.12 District Residential Intermediate - Urban • Applicant Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 5 of 14 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an 12 feet alley Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 6 of 14 (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 7 of 14 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 1 Accessory dwellings Unit 44 Cluster housing development 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 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Rear Rear, from Uses Single & Other centerline Two (2) Uses of an alley Family A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 12 stories/3 stories* Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 8 of 14 * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 9 of 14 To Fayetteville planning department, We are requesting the rezoning of a tandem lot, split from the existing lot and home, for the purpose of building an ADU. We need the lot split in order to satisfy our lender in order to have a separate parcel and legal description for the detached ADU structure from the existing house. We are currently zoned: NC, Neighborhood Conservation. We are requesting rezoning to: RI-U, Res. Intermediate Urban. We currently already have a building permit approved through City Of Fayetteville. We have had a new 911 address issued for the new structure. The field work for our new survey has already been completed by Blew And Associates to do the lot split. We could not achieve our setback clearances by simply splitting to a tandem lot. The only way to get our setback within the allowances is to re -zone the newly defined lot to RI - U. After speaking with planning staff regarding our specific conditions and requests, I was advised that if we wrote a Bill of Assurance stating that we had no intent to build multi family or high density then we would get a letter of recommendation from the planning department for our rezoning request. The address for the existing house and lot is 114 W. 5th St. Fayetteville, AR. The new address for the split lot and ADU is 114 B W. 5th St. Fayetteville, AR Planning Commission January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 10 of 14 January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 11 of 14 RZN-2024-0061 Close Up View MSC a 5TH,ST-co (U O J MAR - KING JR BLVD Neighborhood Link Regional Link - High Activity Urban Center Residential Link _ Design Overlay District Planning Area Fayetteville City Limits 114 W. 5TH ST SOUTH ST Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed NC 0.2 0.0 RI-U 0.0 0.2 Total 0.2 ac January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 12 of 14 RZN-2024-0061 Current Land Use 114 W. 5TH ST ORTH �;_ � � _� � ��� ��.. _ � . 14° *ram -� "�� ���',• n� F " �;. _ I al PRAIRIE ST II a Mixed Residential and Commercial r - — j Pi t MARTIN LUTHEF F -O KIN G_JR B VL D O' y- Single -Family Residential and Institutional P1 � C � ZOnf Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Feet — Residential Link •' Planning Area 0 112.5 225 450 1 _ _1 Fayetteville City Limits 1:3, 600 — I Design Overlay District Single -Family Residential " 'oo w ?? O V 1256.0 - / �' S a' o- 63.9 ki. FEMA Flood Hazard Data 100-Year Floodplain Floodway 675 900 January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 13 of 14 RZN-2024-0061 Future Land Use i4 "' Spa Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link i 1 Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District 114 W. 5TH ST Subject Property �, �� F-J� INIIIIIIIIII City Neiahbor RTIIN L VG'JR Feet 0 305 610 1,220 1:10,000 L= 1,830 NORTH Residential Neighborhood 7 A u 7 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 2,440 Residential Neighborhood Rural Residential Urban Center January 13, 2025 RZN-2024-0061 (MORRIS) Paqe 14 of 14 Form vl.54 NVN 442k RECEIVE0/20 02/125 ntedza CITY OF 0/20 EVtLLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 480120 PO #: Matter of: ORD 6837 AFFIDAVIT•STATE OF ARKANSAS 1, Maria Hemandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON 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 6837 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$88.16. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/09/25;NWA nwaonline.com 02/09/25 (17"lin;;; ZM 74-21-29' �'Le s 4 �,'''• gal Clerk �� ;,.' h v v tisy '';S State ofARKANSAS,County of Sebastian Subscribed and sworn to before me on this 10th day of February, 2025 ' := ,a01.4A✓ • NOI3ARY PUBLIC Ordinance:6837 File Number: 2025-91 REZONING-2024-0061:(114 W.5TH STJ MORRIS,565): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 61 FOR APPROXIMATELY 0.20 ACRES LOCATED AT 114 WEST 5TH STREET IN WARD 1 FROM NC,NEIGHBORHOOD CONSER- VATION TO RI-U,RESIDENTIAL INTERMEDIATE-URBAN 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 shown on the map(Exhibit A)and the legal description(Ex- hibit B) both attached to the Planning Departments Agenda Memo from NC,Neighborhood Conservation to RI-U,Residen- tial Intermediate-Urban. 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 February 4,2025 Approved: Molly Rawn,Meyer Attest: Kara Paxton, City Clerk treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$88.16 February 9,2025 480120