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HomeMy WebLinkAboutOrdinance 4234 FILED FOR RECORD UU MR 15 Pn 3 18 WASNINCTON CO AR X . HARNESS ORDINANCE NO, 4234 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00-9 FOR A PARCEL CONTAINING APPROXIMATELY 19.47 ACRES LOCATED AT THE SOUTHWEST CORNER OF RAZORBACK ROAD AND CATO SPRINGS ROAD AS REQUESTED BY CHARLES VENABLE ON BEHALF OF THE CITY OF FAYETTEVILLE. 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 R-2, Medium Density Residential to I- 1 , Heavy Commercial/Light Industrial for the real property described in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this 7'' day of March , 2000. • ' APPROVED: • ' '� , .tic r e By: vFed Hanna, Mayor A v M � By: A-1Z, Heather Woodruff, City C1 20000119677 ORD . 4234 EXHIBIT A EXHIBIT "A" Legal Description for RZ00-9 A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NEI/4) OF SECTION 29, T- 16-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NORTHWEST QUARTER (NWI/4) OF THE NORTHEAST QUARTER (NEI /4) OF SAID SECTION 29, THENCE SOUTH 2032130" WEST - 44.30 FEET TO THE SOUTH RIGHT OF WAY LINE OF CATO SPRINGS ROAD, THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87028'57" WEST - 155 .60 FEET TO THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87028'57" WEST - 346.86 FEET; THENCE SOUTH 1 °52'28" WEST - 9.75 FEET; THENCE NORTH 87059'09" WEST - 72.23 FEET TO THE BEGINNING OF A CURVE; THENCE SOUTHWESTERLY CURVING TO THE LEFT ALONG SAID SOUTH RIGHT OF WAY LINE, SAID CURVE HAVING A RADIUS OF 298.75 FEET, A DELTA ANGLE OF 4802112411, AND A LENGTH OF 252. 14 FEET TO THE EAST RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 265 ; THENCE ALONG SAID EAST RIGHT OF WAY LINE SOUTH 21056'30" WEST - 45 . 16 FEET; THENCE SOUTH 20°28'50" WEST - 97.90 FEET; THENCE SOUTH 18058'50" WEST - 48.95 FEET; THENCE SOUTH 17054' 15" WEST - 56.42 FEET; THENCE SOUTH 17019'40" WEST - 92.37 FEET; THENCE SOUTH 8°47'50" WEST - 101 . 12 FEET; THENCE SOUTH 17019'40" WEST - 77.48 FEET; THENCE SOUTH 26° 19'33" WEST - 83 .72 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 87022'57" EAST - 653 .00 FEET; THENCE SOUTH 2034'20" WEST - 576.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER (NWI/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION 29; THENCE ALONG SAID SOUTH LINE SOUTH 87° 14' 15" EAST - 539.50 FEET TO THE WEST RIGHT OF WAY LINE OF THE ARKANSAS MISSOURI RAILROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE NORTH 8006'09" WEST - 897.20 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY LINE SOUTH 80033'50" WEST - 150.50 FEET; THENCE NORTH 7°42'23" WEST - 426.50 FEET TO THE POINT OF BEGINNING, CONTAINING 19.47 ACRES, MORE OR LESS, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. m X 200001678 1, Kamldan Hamose, CIroWt clerk end Ex•orticlo ceRlly that thlfi Iflktrdmtlfll Woe filled Pot fKklyd m my Recorder 10f Weehingttlh County, Atkaneae' do here y Ino racordediWh'h� lhehaokhtlWladgomsntt end ceRin eIe thereon In Flootlro Book and Fags as Indlosted thefeon. IN WITNESS WHEpEOF, I have hereunto sat my hand and affixed the Beal of saltl Court on the date find' sated hereon. ,<athleen Harness tvr� ter. and Ex-offlclo Recorder NAME OF FILE: ��ii/i�✓� � sT/o ��� CROSS REFERENCE: Date Contents of File Initials 3yo D o . z 3,2 - 00 go FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission SRP FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: February 14, 2000 RZ 00-9.00: Rezoning (City of Fayetteville, pp 638) was submitted by Charles Venable on behalf of the City of Fayetteville for property located at the southwest corner of Razorback Road and Cato Springs. The property is zoned R-2 Medium Density Residential and contains approximately 19.47 acres. The request is to rezone to I- 1 , Heavy Commercial/Light Industrial. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: February 14, 2000 CITY: COUNCIL ACTION: Required YES O Approved . O Denied Date: Comments: HAUSERS�COMMOMDAWMVtEPORTSPC\2-14-OPciryoJfay.wpd BACKGROUND: This site is currently owned by the City of Fayetteville and is the site of the City's Water and Sewer Operations facility. Until 1998 the property was zoned I- 1 , Heavy Commercial/Light Industrial, which was an appropriate zone for this use. In March of 1998, the City entered into a contract with The Dinerstein Companies. This company proposed to purchase the property and build 180 apartment units. In order to process this plan, R-2 zoning was sought and granted. After the property had been rezoned however, The Dinerstein Companies backed out of their contract to purchase the property. The Water and Sewer Division had plans in 1998 to relocate to a site in the south industrial park. Those plans have changed and renovation and addition to the existing site is now the preferred course of action to improve these City facilities. It is now necessary to change the zoning of this property back to I-1 in order for the current use to be conforming and to allow expansion of this facility. SURROUNDING LAND USE AND ZONING North: Single family homes (C- 1 ) South: Single Family Home (C-2) East: Cornucopia Fayetteville Urban Farm (I- 1 ) West: Undeveloped (R-2) INFRASTRUCTURE: Streets: The site is adjacent to Razorback Road which is classified on the Master Street Plan as a principal arterial ( 110' of right of way required), and Cato Springs Road which is classified on the Master Street Plan as a minor arterial (90' of right of way required). Water: There is a 12" water line crossing this property. Sewer: There is an 8" sewer line along Cato Springs Road. LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning this property to I- 1 , Heavy Commercial / Light Industrial, is consistent with the land use plan and compatible with surrounding land uses in the area. HAUSERSCOMMONVJAWMV2EPORTSPC\2-14-00\ciryofj-ay.wpd 00 FINDINGS OF THE STAFF 1 . 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: The requested rezoning is consistent with land use planning objectives. Uses permitted within the I-1 zoning district would be suitable for development in areas designated as Regional Commercial. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The rezoning is justified and needed at this time. This action will return the appropriate zoning designation to this property and will allow for expansion of the City's Water and Sewer Operation facility. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed rezoning will not create or appreciably increase traffic danger and congestion. 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 will not alter the population density and thereby undesirably increase the load on public services. 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 HAUSERACOMMOMDAWMVtEPORTAPC%2-I4-Wv ityosjay.wpd §161.17 DISTRICT I-1 HEAVY COMMERCIAL Unit 19 Commercial Recreation AND LIGHT INDUSTRIAL. Unit 20 Commercial Recreation-Large Sites A. Purpose. The Heavy Commercial District is designed primarily to accommodate certain Unit 28 Center for Collecting Recyclable commercial and light industrial uses which are Materials compatible with one another but are inappropriate in other commercial or industrial districts. The light C. Bulk and Area Regulations/Setbacks. industrial district is designed to group together a Setback lines shall meet the following minimum wide range of industrial uses, which do not produce re uirements: objectionable environmental influences in their operation and appearance. The regulations of this From Street R-O-W (when 50 ft. district are intended to provide a degree of adjoining A or R districts) compatibility between uses permitted in this district From Street R-O-W (when 25 ft. and those in nearby residential districts. - adjoining C, I or P districts) B. Uses. Side (when adjoining A or R 50 ft. districts) 1. Permitted Uses. Unit 1 City-Wide Uses by Right Side (when adjoining C, I or P 10 ft. districts) Unit 3 Public Protection and Utility Rear (when adjoining C, I or P 10 ft. Facilities. districts) Unit 4 Cultural and Recreational Facilities D. Height Regulations. There shall be no Unit 6 Agriculture maximum height limits in I-1 District, provided, Unit 12 Offices, Studios and Related however, that any building which exceeds the height Services of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each Unit 13 Eating Places foot of height in excess of 25 feet. Unit 17 Trades and Services (Code 1991 , §160.039; Code 1965, App. A, Art. 5(VIII); Ord. No. 1747, 6-29-89; Ord. No. 2351 , 6-2- Unit 18 Gas Service Stations and Drive-In 77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79) Restaurants Unit 21 Warehousing and Wholesale Unit 22 Manufacturing Unit 25 Professional Offices Unit 27 Wholesale Bulk Petroleum Storage Facilities with Underground Storage Tanks 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit H:\USERSCOMMOMDA WMWEPORTSPCV-14-ON-iryoffay.wpd EXHIBIT "A" City of Fayetteville, RZ00-9 A PART OF THE NORTHWEST QUARTER (NWl /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 29, T- 16-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION 29, THENCE SOUTH 2032130" WEST - 44.30 FEET TO THE SOUTH RIGHT OF WAY LINE OF CATO SPRINGS ROAD, THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87028'57" WEST - 155 .60 FEET TO THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87028'57" WEST - 346.86 FEET; THENCE SOUTH 1 '52'28" WEST - 9.75 FEET; THENCE NORTH 87 °59'09" WEST - 72.23 FEET TO THE BEGINNING OF A CURVE; THENCE SOUTHWESTERLY CURVING TO THE LEFT ALONG SAID SOUTH RIGHT OF WAY LINE, SAID CURVE HAVING A RADIUS OF 298.75 FEET, A DELTA ANGLE OF 48021 '24", AND A LENGTH OF 252. 14 FEET TO THE EAST RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 265 ; THENCE ALONG SAID EAST RIGHT OF WAY LINE SOUTH 21056'30" WEST - 45. 16 FEET; THENCE SOUTH 20 °28'50" WEST - 97.90 FEET; THENCE SOUTH 18 ° 58'50" WEST - 48.95 FEET; THENCE SOUTH 17 ° 54' 15" WEST - 56.42 FEET; THENCE SOUTH 17 ° 19'40" WEST - 92.37 FEET; THENCE SOUTH 8 °47'50" WEST - 101 . 12 FEET; THENCE SOUTH 17 ' 19'40" WEST - 77.48 FEET; THENCE SOUTH 26019'33 " WEST - 83 .72 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 87022'57" EAST - 653.00 FEET; THENCE SOUTH 2 °34'20" WEST - 576.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER (NWl /4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION 29; THENCE ALONG SAID SOUTH LINE SOUTH 87014' 15 " EAST - 539.50 FEET TO THE WEST RIGHT OF WAY LINE OF THE ARKANSAS MISSOURI RAILROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE NORTH 8 006'09" WEST - 897.20 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY LINE SOUTH 80033'50" WEST - 150.50 FEET; THENCE NORTH 7 °42'23 " WEST - 426.50 FEET TO THE POINT OF BEGINNING, CONTAINING 19.47 ACRES, MORE OR LESS, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. 00 Planning Commission Minutes March 13, 1998 Page I I RZ 98-6.00: REZONING (THE DINERSTEIN COMPANIES) SOUTHEAST CORNER OF CATO SPRINGS ROAD AND RAZORBACK ROAD Submitted by the applicant for property located at the southeast comer of Cato Springs Road and Razorback Road. The property is zoned I- 1 , Heavy Commercial-Light Industrial and contains approximately 19.47 acres. The request is to rezone the property R-2, Medium Density Residential. Staff Recommendation: Staff recommends approval of the requested rezoning from I-1 to R-2. aJr1 Mr. Harold Heady appeared before the Commission on behalf of the applicant. -Z3 There were no public comments. Mr. Heady stated the intent of this project was to build 180 apartment units which would be upscale. It would contain a clubhouse along with substantial amenities e.g. computer facilities and a pool with a deck and students would be the market. ❑ Mr. Reynolds stated there was heavy commercial in this location and previously the Commission had refused development and recommended zoning to R-2. ❑ Mr. Forney stated his support for the rezoning saying he would like to see additional development inside the bypass. He further mentioned there was discussion at the University for more student housing. Another thing Commissioner Forney wanted to note as a member of the Planning Commission the state law provided to the Planning Commission to review all public facilities. He requested that relocation of any city facilities (siting issues) be discussed at Planning Commission. MOTION Commissioner Reynolds moved to approve requested rezoning from I-1 to R-2. Commissioner Ward seconded above motion. The roll call was given and said motion carried 8-1-0, Watkins voted nay. • i RZ00400 - City of Fayetteville - One Mile Diameter 42 i R2 O 41 m 2 R o R-2 R-2 47 i U 42 m tTiH Z R-2 � R-2 G2 0 P w ,q-1 41 42 R-2 �4 z Z w w A-1 2 R-2 a 41 e R2 a G2 41 z R-2 u v N �1 NE a R-2 G2 Ksa" 18TH 2 R-2 G2 G1 ^ R-1 R-2 R-2 G0.E'N rc 47 ARR HEAD a 3 ¢ O m 20TH GLISTER R-2 41 R. — — — G1 R-2 1 G _m y R-2 N S,eT R"2 R-1 0 -7 R-1 _7 _� 2 o u w R-1 w y .F 1 Z O w G2 t ' DO7'/ELL GEAT KYLE LAURA LEE G2 ' R-2 LORENA R-1 G2 A-1 R-2 i 41 A-1 A-1 I I1 A-1 R-1 A-1 1400 0 1400 Feet N W E S RZOM- 00 - City of Fayetteville - Close Up L) 2 - - - _ _ - - - ter- - = R-2 CATO SPRINGS R2 0 a 0 RZ00-9.00 R-2 19.47 Ac. El to I- 1 R-2 y „ R2 R2 R-2 R-2 R-2 R-2 ❑ ❑ � R2 G2 R-2 G2 R-2 R-2 R-2 R-2 TREAT G2 ❑ R-2 R-2 0 N 200 0 200 Feet E S •• •• 1400 0 1400 Feet N r • University Industrial IllIllililIlOffice Mxed I Open / Space Recreational Neighborhood Commercial Regional Commerical 0 Planning Commission Minutes February 14, 2000 Page 35 RZ00-9: REZONING CITY OF FAYETTEVILLE, PP638 This item was submitted by Charles Venable on behalf of the City of Fayetteville for property located at the southwest corner of Razorback Road and Cato Springs Road. The property is zoned R-2, Medium Density Residential and contains approximately 19.47 acres. The request is to rezone to I-1, Heavy Commercial/Light Industrial. Dave Jurgens was present on behalf of the request. Staff Recommendation Staff recommends approval of the requested rezoning based on the findings included as a part of the staff report. Commission Discussion Johnson: Tim, would you make a presentation on this item? Conklin: This is a request to rezone the Water and Sewer City Operations from R-2 to I-1, Heavy Commercial/Light Industrial. This is the location of where our city Water and Sewer Service Center is located. It also includes an outdoor storage area. The site was rezoned from I- 1 to R-2 in 1998. We were working with the Dinerstein Companies to do student housing at this location. Since then, they have withdrawn from the project. The city has decided to expand this facility. The I -I zoning is required. Staff is recommending support of this rezoning to get back to the original zone. We have with us, Dave Jurgens, who has additional information and can answer questions if you have any. Johnson: Mr. Jurgens, good evening. Jurgen: Good evening. Dave Jurgen. Water and Sewer Superintendent. The project to expand this facility was on the books before the offer from Dinerstein was ever made to purchase this land. The Water and Sewer Operation Center has been at this location since 1963. There is a lot of facility in place. Rather than move to an alternate site as originally planned when the purchase offer was made, we decided to save 1.5 million and leave the facility where it is. It's going to cost us roughly 1.5 million dollars more plus the expenditure of whatever the value of the property where ever we would move to. It seems quite honestly to be an unnecessary expenditure of funds to build an equivalent facility at a different location. Additionally, this site gives us excellent access to our most critical facilities via the bypass because our largest waterlines are on the north edge of town. Responding to the location of those waterlines is critical. We've had water leaks in excess of 125 gallons a minute. The time driving from a site Planning Commission Minutes February 14, 2000 Page 36 on S. Momingside Drive quite honestly caused us a great deal of concern. We were looking at 10 to 15 more minutes of travel time going up Hwy 265 which will be better soon. That was a significant issue for keeping it at the current location. The primary issue is the 1.5 million dollars that we don't have to spend in order to get an equivalent facility at the current site. Estes: Thank you. Public Comment None MOTION Commissioner Hoffman made a motion to approve RZ00-9. Commissioner Shackelford seconded the motion. Estes: The motion has been made and seconded. Is there discussion? Hoover: Tim, in an I-1, is there any screening required? Conklin: We do have a buffer and screening section as part of our code for residential neighborhoods. That is something we will look at during large scale to determine what would be required in this area. Hoover: My concern is the view from Razorback Road which is our southern entrance to Fayetteville. I'm not sure what you plan for the facility there. Jurgen: The architect and I are very well aware that this facility is at one of the primary entries to the City. Like you said, the City of Fayetteville entrance sign is right across the road from us. We are going to try and match that. We are indeed going to put up screening. We're going to face the new structure to Razorback Road with a new address off of Razorback Road. Passersby will be looking at the entrance and not the back side. The back side of anything like this never looks as good as the front. Employee parking would be located in the front and then all of the city owned vehicle parking would be in the back so it would be more screened as well. We are planning a full row of trees in the parking area. These are very preliminary plans and would naturally have to come forward to Subdivision Committee as part of a large scale. Also, instead of having two driveway entrances, we are going to share the existing driveway entrance with the Childrens House so that we wouldn't have an additional curb cut. FA It I • ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00-9 FOR A PARCEL CONTAINING APPROXIMATELY 19.47 ACRES LOCATED AT THE SOUTHWEST CORNER OF RAZORBACK ROAD AND CATO SPRINGS ROAD AS REQUESTED BY CHARLES VENABLE ON BEHALF OF THE CITY OF FAYETTEVILLE. 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 R-2, Medium Density Residential to I-1, Heavy Commercial/Light Industrial described IN Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section i above. PASSED AND APPROVED this day of , 2000. APPROVED: By ATTEST: By Heather Woodruff, City Clerk Fred Hanna, Mayor ._ S a ;:t :♦ 7•,V X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of March 7, 2000. FROM: Tim Conklin Name Planning Division Public Works Department ACTION REQUESTED: To approve an ordinance for RZ 00-9.00 submitted by Charles Venable on behalf of the City of Fayetteville for property located at the southwest corner of Razorback Road and Cato Springs. The property is zoned R-2 Medium Density Residential and contains approximately 19.47 acres. The request is to rezone to I-1, Heavy Commercial/Light Industrial. COST TO CITY: Cost of this request Account Number Project Number i:14 dH:iSa9:jjj $:4f Budget Coordinator Category/Project Budget Funds used to date Category/Project Name Program Name Remaining balance Fund Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Ac fit' ager Date 2 -/ tf -O� City AttEiy Date Purchasing Officer Date ADA Coordinator Date Internal Auditor Date STAFF RECOMMENDATION: Staff recommended approval and Planning Commission unanimously voted 8-0-0 to recommend and forward the rezoning to the City Council. / . Cross Reference Date DatQ, New Item: Yes No Date ",Wl/J7 Prev Ord/Res#: Date Orig Contract Date: ORDINANCE NO.4234 AN ORDINANCE REZONING THAT PROPERTY DESCRI BED IN REZONING PETITION; RZ00-9 FOR A PARCEL CON- TAINING APPROXIMATELY 19.47 ACRES LOCATED AT THE SOUTHWEST CORNER OF RAZORBACK ROAD ANDI CATO SPRINGS ROAD AS REQUESTED BY CHARLES VENABLE ON BEHALF OF THE CITY OF FAYETTEVILLE. BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY of FAYETTEVILLE, ' ARKANSAS: Section 1 That the zone classi- fication of the following descri- bed property is hereby changed as follows: From R-2, Medium Density Residential to I-1, Heavy Com- mercial/Light Industrial for the real property described in Ex- hibit "A" attached hereto and made a part hereof. Section 2. That the official zon- ing map of the City of Fayette- ville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. 'PASSED AND APPROVED this 7th day of March, 2000. APPROVED By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT , Legal Descriptiotio 00-y A PART OF THE NORTH- WEST QUARTER (NWT/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 29, T- 16 -N, R -30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NORTH- WEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NET/4) OF SAID SECTION 29, THENCE. SOUTH 2°32'30" WEST 44.30 FEET TO THE SOUTH RIGHT OF WAY LINE OF CATO SPRINGS ROAD, (THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87°28'57" WEST - 155.60 FEET TO THEPOINT OF BEGINNING THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87°2857" WEST 346.86 FEET; THENCE SOUTH, 1°52'28" WEST - 9.75 FEET; THENCE NORTH 87°59'09" 1 WEST - 72.23 FEET TO THE BEGINNING OF A CURVE; THENCE SOUTHWESTERLY CURVING TO THE LEFT ALONG SAID SOUTH RIGHT OF WAY LINE, SAID CURVE HAVING A RADIUS OF 298.75 FEET, A DELTA ANGLE OF 48°21'24", AND A LENGTH OF 252.14 FEET TO THE EAST RIGHT OF WAY LINE OF AR- KANSAS HIGHWAY 265; THENCE ALONG SAID EAST RIGHT OF WAY LINE SOUTH 21°56'30" WEST - 45.16 FEET; THENCE SOUTH 20°2850" WEST - 97.90 FEET; THENCE SOUTH 18°5850" WEST - 48.95 FEET; THENCE SOUTH 17°54'15" WEST - 56.42 FEET; THENCE SOUTH 17°90'40" WEST - 92.37 FEET; THENCE SOUTH 8°4750" WEST - 101.12 FEET; THENCE SOUTH 17°19'40" WEST - 77.48 FEET; THENCE SOUTH 26°19'33" WEST - 83.72 FEET; THENCE . LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 87°22'57"'.:. EAST 653.00 FEET; THENCE SOUTH 2°34'20" WEST - 576.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER (NWI/4) -OETHE NORTHEAST QUARTER (NE1/4) OF THE NORTHEAST QUARTER (NE1/4) OF�SAID SECTION 29; T19ENCE ALONG SAID SOUTH LINE SOUTH 87°14'15" EAST - 539.50 FEET TOTHE WEST RIGHT OF WAY;LINE OF THE , ARKANSAS MISSOURI RAIL- ROAD: THENCE ALONG SAID. WEST RIGHT OF WAY LINE NORTH 8°0609" WEST - 897.20 FEET THENCE LEAV- ING SAID WEST RIGHT OF, WAY LINE SOUTH 80°33'50" west - 150.50 FEET; THENCE NORTH 7°42'23" WEST - 426- 50 FEET TO THE POINT OF BEGINNING, CONTAINING 19.47 ACRES, MORE OR LESS, TO THE CITY OF FAYETTEVILLE, WASHING- TON COUNTY, ARKANSAS., SUBJECT TO ANY EASE -1 MENT AND/OR RIGHTS OF WAY OF RECORD. STATE OF ARKANSAS 0 County of Washington } ss. i, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of live columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further c941fy that the legal notice attached in the matter of Majjet Y2o . was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the 41/2 day of 20 " the second insertion on the the third insertion on the the fourth insertion on the Sworn to and subscribed before me on this My Commission Expires: "�rniy51OU nrCCCCCCCCa.-_ KCCJOuRCCCCCtCCCCC Fees for Printing.......................................................$ day of 20 — day of 20 — -day of 20 General Manager day of ,._ Ca�eii'a o1 A 11s� %Notary Public Cost of Proof .............................. Total............